Resolution No. 594275
RESOLUTION NO. 5942
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 ZERO (0') SIDE YARD BUILDING SETBACK INSTEAD OF THE
REQUIRED FIVE FEET (5'), WITH CONDITIONS.
VARIANCE NO. 2006-03
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 zero (0') side yard building setback for five (5) double car
garages and a single guest parking stall located at 9542 Walker 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 52.5 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. Also, the subject property is smaller than the standard 10,000 square -foot lot size 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, the adjacent properties to the north and south of the subject property within the RM -20
Residential Multiple - Family Zone have been approved for similar variances under substandard
circumstances similar to the one proposed (i.e. 9552 Walker Street and 9532 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. 2006 -03, subject to the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on
the 8th day of May, 2006.
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ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM, 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 8th day of May, 2006,
by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: McGill, Seymore, Luebben and Sondhi
NOES: 1 COUNCIL MEMBERS: McCoy
ABSENT: 0 COUNCIL MEMBERS: None
CLERK 0 THE CITSOF CYPRESS