HomeMy WebLinkAboutResolution No. 329520&
RESOLUTION NO. 3295
A RESOLUTION OF THE CITY COUNCIL .OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS.TO ALLOW AN AIR CONDITIONER TO BE
LOCATED ON THE ROOF OF A ROOM ADDITION TO AN EXISTING DWELLING.
VARIANCE NO. 87 -9
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETER-
MINES, 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 an air conditioner to be
located on the roof of a room addition to an existing dwelling on property
located at 4314 Manchester Place, in the RS -6,000 Residential Single - Family
Zone.
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 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, since the air
conditioner must meet City of Cypress Noise Standards.
b. The strict and literal interpretation of the City ordinance
prohibiting air conditioning units and pool equipment in
the side yard setback would constitute a hardship to the
property owner since the rear yard is to be utilized in the
future for a pool and a spa and there would not be adequate
room.
c. The granting of the variance as conditioned will not consti-
tute the granting of a special privilege inconsistent with
the limitations on other properties in the vicinity classi-
fied in the same zone, since the applicant has agreed to
install all necessary noise suppression devices in such a
manner that the air conditioning unit and pool equipment
meet the noise standards of the Cypress Municipal Code.
Furthermore, many existing residences in the neighborhood
have roof mounted air conditioners.
d. There are unique circumstances in that the air conditioner
screening is being included into the design of a proposed
addition to the dwelling.
4. The City Council DOES HEREBY GRANT said variance subject to the con-
ditions as follows:
a. The applicant shall obtain necessary building and electrical
permits and comply with all requirements of the Cypress
Building and Safety Division.
b The roof mounted air conditioning unit shall be adequately
screened from view using materials to match the surrounding
roof. This screening shall be an integral part of the
design for the room addition and approved in writing by the
Planning Department prior to the issuance of building and
electrical permits.
c. The air conditioner shall not be operated in a manner which
disturbs the peace, quiet and comfort of neighboring resi-
dents. The applicant shall install all necessary noise
suppression devices in such a manner that the air condition-
ing unit meets the noise standards set out in Article VII of
the Cypress Municipal Code.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of August 1987.
MAYO
CAA'4
F THE CITY OF CYPRESS
ATTEST:
CI `CL F THE C OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk
that the foregoing Resolution was
City Council held on the 24th day
vote:
of the City of Cypress, DO HEREBY CERTIFY
duly adopted at a regular meeting of the said
of August 1987, by the following roll call
AYES: 4 COUNCIL MEMBERS: Arnold, Davis, Mullen and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Coronado
CITY CLERK OF THE C Y OF CYPRESS
207