Resolution No. 6174 125
RESOLUTION NO. 6174
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, SECTION 2.08.040.A, TABLE1-16 TO ALLOW A TWELVE-FOOT (12') SIDE
YARD SETBACK INSTEAD OF THE REQUIRED TWENTY-FIVE FEET (25').
VARIANCE NO. 2009-02
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, Section 2.08.040.A, TABLE 2-16, to allow a twelve-foot
(12') wide side yard setback for a 196 square-foot, single-story addition to an existing flood
control pump station building located at 4363 Ball Road within the PS Public and Semi-
Public Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That in accordance with Section 4.19.080 of the Zoning Ordinance of the
City of Cypress, the City Council hereby finds that:
(a) That 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 because compliance with the 25-foot
side setback standard would be physically infeasible, due to the location of existing
building and pump house facilities, as well as the downward slope of the northern
portion of the subject property; and
(b) That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved which do not apply generally to other
properties in the same zone because, the subject property has a substandard lot
width of 90 feet, rather than the standard 160-foot lot width required for new
subdivisions in the PS Public and Semi-Public Zone. Also, the subject property is
smaller than the standard 1-acre lot size in the PS Public and Semi-Public Zone;
and
(c) That 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 because, other properties within the PS Public and
Semi-Public Zone have been approved for similar variances under substandard
circumstances similar to the one proposed (i.e. Forest Lawn Mortuary at 4471
Lincoln Avenue); and
(d) 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 because, other variances for reductions in
side yard setbacks, of this magnitude, on similar lots having substandard lot
dimensions and/or lot sizes, have been granted in the past; and
(e) 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, because, as conditioned, the proposed building addition shall be
subject to all applicable Health and Safety Code, Building Code, Fire Safety Code,
and City Code requirements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 2009-02.
126
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 11'" day of January, 2010.
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MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 11th day of January, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS
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