Resolution No. 5544 372
RESOLUTION NO. 5544
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 A SIX-FOOT (6') REAR
SETBACK FOR A PROPOSED FREESTANDING MULTI-PURPOSE ROOM AT AN
EXISTING CHURCH AND PRIVATE SCHOOL FACILITY LOCATED AT 5202 LINCOLN
AVENUE.
VARIANCE NO. 2001-06
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 a six-foot (6')
building setback from the rear(south) property line of an existing church and private school facility,
located at 5202 Lincoln Avenue within the PC Planned Community Zone, Lincoln Avenue Specific
Plan area, Quasi Public Overlay District.
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, compliance with the standard 25-foot rear
setback regulation for the Quasi-public land use district of the Lincoln Avenue Specific Plan
area would not allow the proposed multi-purpose room to be constructed consistent with the
rear (south) setbacks of the existing buildings onsite, and would render the proposed project
infeasible.
(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 existing buildings of the subject church and private school facility
are set back five feet (5') as a result of a previous subdivision of the subject property, which
created the Cypress Senior Center parcel located adjacent to the south.
(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 senior apartments development located adjacent to
the west has a zero-foot (0')rear setback of the carport structures located in the same Quasi-
public land use district of the same PC Planned Community Zone.
(d) That the granting of the variance would 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 existing developments located within the same
vicinity of the PC Planned Community Zone, Lincoln Avenue Specific Plan area have rear
setbacks of less than twenty-five feet(25'). In this case, the requested Variance is consistent
with the rear setbacks of the existing buildings onsite and is therefore supportable.
(e) That the granting of the variance would not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or improvements in the
vicinity, because the proposed building would be in compliance with current building and
safety code requirements, including handicapped accessibility requirements.
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373
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 2001-06.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 8th day of April, 2002.
MA OF THE CITY OF CYPRESS
ATTEST:
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or Y CLEOFT 11 CITY OF CYPRESS
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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: 4 COUNCIL MEMBERS: Keenan,McGill, Piercy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: McCoy
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IF Y C •K OF 41 CITY OF CYPRESS
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