Resolution No. 2931328
RESOLUTION NO. 2931
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 EXISTING ROOM ADDITION
(PREVIOUSLY APPROVED AS A COVERED PATIO) WHICH WAS
CONSTRUCTED SEVEN FEET (7') FROM THE REAR PROPERTY LINE.
VARIANCE NO. 85-2
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 an existing room addition
(previously approved as a covered patio) which was constructed seven feet
(7') from the rear property line, which exceeds the structural lot coverage
maximum of forty percent (40%) and which does not meet the minimum rear yard
area of 1,100 square feet. The subject property is located at 11677 Onyx
Street, in the RS -6,000 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. Strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty
or unnecessary physical hardship inconsistent with the
objectives of this chapter in that the property owner
believed that the contractor had obtained building permits
for a room addition and not for a patio cover. Enforcement
of the specified regulation would require that a portion
of the roomaddition now be removed.
B. There are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do
not apply generally to the properties in the same zone
because of the misunderstanding involved pertaining to
the issuance of the building permits.
C. 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.
D. Due to the circumstances associated with the granting of
the variance, this variance will not constitute the grant-
ing of a special privilege inconsistent with the limitations
or to the properties in the vicinity classified in the same
zone.
E. The granting of the variance will not be detrimental to the
public health, safety, welfare, or materially injurious to
properties or improvements in the vicinity as evidenced by
the lack of public comment after being notified of the pro-
posed variance. Additionally, this structure has been in
existence since 1979 without causing any concern among sur-
rounding property owners.
4. The City Council DOES HEREBY GRANT said variance.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 28th day of May 1985.
ATTEST:
MAYQI{' OF THE CTY OF CYPRESS
CITY 'CLARK OF `L CITY/OF CYPRESS
329
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
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 28th day of May 1985, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Lacayo, Mullen, Partin and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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`I1
CITY CLERK OF H- CIT OF CYPRESS
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