Resolution No. 5515 283
RESOLUTION NO. 5515
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF THE ADOPTED LINCOLN AVENUE SPECIFIC PLAN
(ORDINACE NO. 983), SECTION 4.5, TABLE 2, TO ALLOW REDUCED BUILDING AND
LANDSCAPE SETBACKS FOR A PROPOSED SERVICE STATION AND CONVENIENCE
MARKET LOCATED AT 4962-4992 LINCOLN AVENUE.
VARIANCE NO. 2001-05
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 adopted Lincoln
Avenue Specific Plan (1999) of the City of Cypress, Section 4.5, Table 2, to allow zero-foot (0')
building setbacks from the interior (west) side and rear (south) property lines, and to allow a zero-
foot (0') landscaped street side yard setback beyond the ultimate (future) public parkway along the
Moody Street (east) perimeter of the property located at 4962-4992 Lincoln Avenue, within the PC
Planned Community 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 35.107. 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 Section because, adequate drive aisles cannot be provided through
the site without setting back the building to the property lines and reducing the onsite
landscape setback along the Moody Street side yard area.
(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 is required to dedicate a portion of land along
Moody Street for ultimate right-of-way widening. Also, a three-foot (3') wide landscape
strip shall be provided and maintained (by the property owner/developer) in the landscape
parkway, located adjacent to the Moody Street side yard of the subject property upon the
future widening of the roadway. In the interim, this street side yard landscape strip would
be maintained by the property owner/developer at the required ten-foot(10')width.
(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 commercial building to the west has an
identical setback.
(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, many other existing developments located
within the same vicinity of the PC Zone, Lincoln Avenue Specific Plan area have zero-foot
(0') building setbacks and street yard landscaping less than ten feet (10') wide. In this case,
the requested Variance is prompted by a street dedication requirement and is therefore
supportable.
(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 the building walls located along the property lines would be in compliance with
current building and safety code requirements for minimum one-hour fire rating.
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NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 2001-05.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 14th day of January, 2002.
MAY F THE CITY OF CYPRESS
A'FI EST:
Rt_ e. . to.,‘ It� I. . !
Y CLE K OF CITY OF CYPRESS
STATE OF CALLFORNIA )
COUNTY OF ORANGE )SS
I, JILL R. INGRAM-GUERTIN, 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 14th day of January, 2002,by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McGill,Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF T CITY OF CYPRESS
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