Resolution No. 386449S
RESOLUTION NO. 3864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING NIIHAU).
PREJUDICE A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS TO ALLOW MORE THAN TWO (2) AMATEUR RADIO ANTENNAS CLOSER THAN TEN FEET
(10') FROM ANOTHER STRUCTURE, HIGHER THAN THIRTY -FIVE FEET (35') AND ROOF
MOUNTED WITH A FRONT YARD GUY ANCHOR.
VARIANCE NO. 90 -18
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES,
AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the
Zoning Ordinance of the City of Cypress to allow more than two (2) amateur
radio antennas closer than ten feet (10') from another structure, higher than
thirty -five feet (35') and roof mounted with a front yard guy anchor located
at 9144 Ethel Street.
2. That the City Council, after proper notice thereof, duly held a
public hearing on said application as provided by law.
3. That the City Council does hereby DENY MIAMI PREJUDICE said
variance because the following findings required by Section 17.3 -7 of the
Cypress Zoning Ordinance cannot be made:
a. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply
generally to other properties within the same zone.
(1) This finding cannot be made because the subject
property is not of unusual size, shape or topography or is not
affected by surrounding properties so as to create extraordinary
circumstances or conditions.
b. That the strict or literal interpretation and enforcement of
the specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone.
(1) This finding cannot be made because there are no other
owners in the same zone which have received approval from the City
to allow more than two (2) amateur radio antennas closer than ten
feet (10') from another structure, higher than thirty-five feet
(35') and roof mounted with a front yard guy anchor.
c. That the granting of the variance as conditioned will not
constitute the granting of a special privilege inconsistent with the
limitations on other properties in the vicinity classified in the same
zone.
(1) This finding cannot be made because the granting of
this variance to allow more than two (2) amateur radio antennas
closer than ten feet (10') from another structure, higher than
thirty -five feet (35') and roof mounted with a front yard guy
anchor would constitute a special privilege inconsistent with the
limitations on other properties in the vicinity classified in the
same zone.
d. That the granting of the variance will not be detrimental to
the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
(1) This finding cannot be made because the granting of
this variance to allow an existing radio antenna to operate beyond
the zoning ordinance requirements would have a significant impact
on the welfare of the surrounding neighborhood in that the
operation of a radio antenna beyond the zoning requirerents
substantially interferes with neighboring property owners'
personal communications equipment.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby DENY WI IUT PREJUDICE Variance No 90 -18.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 10th day of December, 1990.
ATTEST:
CITY eLERK�OF HE CITY Of CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
M R OF THE CITY OF CYSS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the
said City Council held on the 10th day of December, 1990, by the following
roll call vote:
AYES: 5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK
2
THE Cyf OF CYPRESS