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HomeMy WebLinkAboutResolution No. 3278RESOLUTION NO. 3278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM SECTION 9.6.A. OF THE CITY OF CYPRESS ZONING ORDINANCE TO ALLOW THE INSTALLATION OF A 5 -FOOT HIGH WROUGHT IRON FENCE IN THE FRONT YARD BUILDING SETBACK. VARIANCE NO. 87 -7. 167 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 a five -foot high wrought iron fence with a swinging gate to remain in the front yard building setback at 4587 Lemon Circle. 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 hereby finds that: a. The strict and literal interpretation of the City Ordinance restricting front yard setback fences to three and one -half feet high would constitute a hardship to the property owner since the five -foot high wrought iron fence has already been installed along with surrounding landscaping. Removal of the fence or replacement of the fence with a three and one -half foot high fence would be extremely difficult and costly due to these existing front yard improvements. b. The granting of the variance as conditioned will not consti- tute a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone, because the subject property serves as a State licensed home for the elderly and the fence provides security for the unique needs of elderly residents. c. The granting of the variance will not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity in that the fence has been securely installed subject to County Fire Marshal's requirements and City Code requirements. 4. The City Council DOES HEREBY GRANT said variance subject to the following conditions: a. The applicant shall comply with all requirements of the City code except for approved variances or adjustments. b. The applicant shall strictly abide by the restrictions provided through the necessary license required by the California State Department of Social Services. c. The specifications of the swinging gate and locking mechanism shall be subject to the requirements of the Orange County Fire Marshal's Office. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 27th day of July 1987. ATTEST: CITY "CLERK OF ' HE CITY' OF CYPRESS )< MAYOR 0 THE CITY OF CYPRESS 183 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 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 27th day of July 1987, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Arnold, Coronado, Davis, Mullen and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None a/19teAW CI Y CLERK lE C3. OF CYPRESS