Resolution No. 6057 018
RESOLUTION NO. 6057
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 2.05.040, TABLE 2-3 TO ALLOW A
TWO-FOOT (2') SIDE YARD BUILDING SETBACK INSTEAD OF THE REQUIRED
FIVE FEET (5') -WITH CONDITIONS.
VARIANCE NO. 2007-07
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 2.05.040, Table 2-3, to allow a two-foot (2') side
yard building setback for three (3) double car garages located at 8705 La Salle Street within
the RM-20 Residential Multiple-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 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 5 foot (5')
side yard building setback standard would result in landscape open area deficiency
that of the required 35 percent (35%) in the RM-20 Residential Multiple-Family Zone;
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 50 feet at
the front of the property, rather than the standard 100-foot lot width required for new
subdivisions in the RM-20 Residential Multiple-Family 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 similar properties within the RM-20 Residential
Multiple-Family Zone have been approved for similar variances under substandard
circumstances similar to the one proposed (i.e. 9532Walker Street, 9542 Walker
Street and 9552 Walker Street); 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 building 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. 2007-07, subject to the conditions attached
hereto as Exhibit "A".
019
PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 27th day of August, 2007.
MAYOR 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 27th day of August, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None k
CITY CLERK OF THE CITY OF CYPRESS