Resolution No. 5999309
RESOLUTION NO. 5999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A
VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF
CYPRESS, SECTION 2.05, TABLE 2 -3, FOOTNOTE 5, SECTION 2.05.B.2.H, SECTIONS
3.13.050.A & B, AND SECTION 3.14.080.B TO ALLOW A SEMI- CIRCULAR DRIVEWAY
WITHIN A SINGLE - FAMILY RESIDENTIAL FRONT YARD AREA.
VARIANCE NO. 2006 -06
WHEREAS, an application was filed for a variance from the terms of the Zoning Ordinance
of the City of Cypress, Section 2.05, Table 2 -3, Footnote 5, Section 2.05.B.2.h, Sections 3.13.050.A
& B, and Section 3.14.080B, to allow an existing oversized driveway with two (2) curb -cut
driveway aprons to be modified into a semi- circular driveway (instead of the permitted single
driveway) and with 26% instead of 50% live landscaped area within the front yard of the single -
family residence located at 10202 Aqueduct Drive within the RS -6,000 Residential Single- Family
Zone; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
NOW, THEREFORE, in accordance with Section 4.19.080 of the Zoning Ordinance of the
City of Cypress, the City Council of the City of Cypress hereby finds, determines, and orders as
follows:
1. That strict or literal interpretation and enforcement of the specified
regulation would not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this chapter because, there is ample paved space available
located directly in front of the two -car garage and extending to the closest (south) property
line that would accommodate vehicle parking in close proximity to the front entrance of the
subject residence while in conformance with the City's single - driveway and front yard
landscaping requirements. Also, there is additional curbside on- street parking space
available along the property frontage. Further, the non - conforming driveway extension and
second curb -cut driveway apron were installed without obtaining the required permit from
the Cypress Public Works Department. Thus, the applicant/property owner created a self -
imposed hardship.
2. That there are no 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 is a standard 6,000 square -foot lot, has a flat
topography, and does not have a configuration which would preclude location of a single -
access driveway and the minimum fifty percent (50 %) live landscaping in the front yard in
compliance with the ordinance. Also, the subject property is located on an interior street of
a residential tract, which does not present difficult circumstances for safely backing out of a
standard driveway.
3. That strict or literal interpretation and enforcement of the specified
regulation would not deprive the applicant of privileges enjoyed by the owners of other
properties in the same zone because, other properties located on the same street, within the
same zone have the same physical conditions as the subject property, but are not permitted
to have more than one driveway or less than fifty percent (50 %) live landscaping in the front
yard. While other properties located in the same vicinity and zone have been found to
contain non - conforming driveways and front yard landscaping, code enforcement actions
are also being actively pursued to obtain compliance for those properties.
4. That the granting of the proposed variance would constitute the granting of a
special privilege inconsistent with the limitations on other properties in the vicinity
classified in the same zone because, no other variances of this type have been granted in the
local vicinity in the same zone since the adoption of the current Code requirements for
residential driveways and landscaping. City records show that one (1) previous variance
approval for a semi- circular driveway was approved in the same vicinity during 1980.
However, that approval was prior to the current Code requirement for a minimum of fifty
percent (50 %) front yard landscaping_ and that approved plan provided much more
landscaping than the proposed variance plan. Other City approvals for semi- circular or
secondary driveways located in other areas of the City were based on exceptional
circumstances related to those properties, which do not apply to the subject property (i.e.
100 -foot wide lots on Acacia Drive and arterial street locations on Walker Street).
5. That the granting of the proposed variance would be detrimental to the
public health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity because, the applicant/property owner has demonstrated his intent to use all paved
areas in the front yard of the subject property for the parking of vehicles, including the
proposed brick paving area where a recreational vehicle is currently stored. City inspections
of the subject property have also found that the applicant/property owner has replaced the
live landscape materials within the public right -of -way with paver bricks, which show signs
of damage from vehicles driving over the curb and sidewalk to access the center of the
existing paved front yard area. Based on these circumstances, the proposed variance has a
strong likelihood of resulting in the continued hazardous misuse of the public right -of -way
located along the frontage of the subject property. Additionally, the proposed substandard
front yard landscaping area would be inconsistent with the design and character of the
surrounding single - family residential neighborhood properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby deny Variance No. 2006 -06 and hereby requires the applicant/property
owner(s) to take the following actions to bring the subject property into compliance with the
Cypress City Code:
1. Remove all concrete in the front yard area, except the original driveway
leading directly to the garage and extending to the closest (south) side property line.
2. Install and maintain live landscaping on at least fifty percent (50%) of the
front yard area.
3. Remove the non - permitted second (north) driveway apron, obtain a permit
from the Cypress Public Works Department, and restore the curb, gutter, and landscape
parkway in compliance with City's specification and requirements.
4. Complete all work to achieve City Code compliance for this property within
thirty (30) days of the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 8th day of January, 2007.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
leithat ,Pzutatir)
INTERIM CITY CLERK OF THE CITY OF CYPRESS
310
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
311
I, DENISE BASHAM, Interim 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 January, 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
INTERIM CITY CLERK OF THE CITY OF CYPRESS