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Resolution No. 3036RESOLUTION NO. 3036 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 LOCATE AN AIR CONDITIONING UNIT AND POOL EQUIPMENT IN THE INTERIOR SIDE YARD. VARIANCE NO. 86 -1 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 locate an air conditioning unit and pool equipment in the interior side yard of Lot 1 at 4498 Fairfield Way. 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. 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 area has already been landscaped and contains a swimming pool, including surround- ing cement deck and patio area. Relocation of the equipment would be extremely difficult and costly due to these exist- ing rear yard improvements. 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. 4. The City Council DOES HEREBY GRANT said variance subject to the following condition: a. The applicant shall install the necessary noise suppression devices in such a manner that the air conditioning unit and the pool equipment meet the noise standards set out in Article VII of the Cypress Municipal Code. PASSED AND ADOPTED by the City Council of the City Cypress at a regular meeting held on the 27th day of Janu. 98 ATTEST: y OF CYPRESS CITY CtJERK OF CITY 0 CYPRESS 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 January 1986; by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Kanel, Mullen and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Lacayo TY CITY CLERK OF THE CI OF CYPRESS 115