Resolution No. 5539 354
RESOLUTION NO. 5539
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 11.5, TABLE 11.5.5 TO ALLOW A REDUCED SIDE YARD BUILDING
SETBACK, AND SECTION 11.9 FOR A REDUCED WALL HEIGHT ADJACENT TO
RESIDENTIAL FOR THE PROPOSED ACACIA ADULT DAY CARE BUILDING LOCATED
AT 5175 BALL ROAD.
VARIANCE NO. 2002-01
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, Sections 11.5, Table 11.5.5 of the Cypress Zoning Code to allow a reduction
of the required twenty foot (20') side yard setback to permit a ten foot (10') side yard setback, and
Section 11.9 for a reduction in the required height of a block wall from eight feet (8') to five feet
(5'), for the property located at 5175 Ball Road within the OP Office Professional 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 chapter because: 1) the proposed reduced side yard building
setback would not intensify the existing condition of the building, which is currently located
ten feet (10') from the east property line, and 2) requiring an increase in the height of the
block wall to the required height of eight feet (8') along both the north and east property
lines would result in an unsafe condition due to the type and construction of the existing
walls. The wall, as built, cannot be modified to attain this height. It, and the surrounding
improvements on both sides of the wall need to be destroyed to accomplish the construction
of a new wall. Enhanced landscaping is proposed to retain privacy for both uses.
(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 contains a development that was constructed
with a side yard building setback of ten feet (10') and a perimeter wall of six feet (6') in
height, which were consistent with the requirements at the time the site was developed.
(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, a similar development located at the northwest
corner of Orange Avenue and Grindlay Street, within the same OP Office Professional
Zone, was previously constructed with similar setbacks and wall heights.
(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 similar developments located in the same OP
Office Professional Zone have been constructed with similar setbacks and wall heights.
(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 proposed building addition will be consistent with the existing building setback
along the east property line, and, the reduced height of the block wall will not result in any
impacts to the surrounding properties or improvements. Additionally, as conditioned, the
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proposed building addition will 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. 2002-01, subject to the conditions attached 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 April, 2002.
MAYO THE CITY OF CYPRESS
A I EST:
1AL,,
Y CLERK OF T,g CITY OF CYPRESS
STATE OF CALIFORNIA )
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 8th day of April, 2002, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Keenan, Piercy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
ABSTAIN: 1 COUNCIL MEMBERS: McGill
(Council Member McGill did not participate on this item due to a potential conflict of interest.)
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rY CLERK OF 411 CITY OF CYPRESS
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