Resolution No. 479727
RESOLUTION NO. 4797
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING A
VARIANCE FROM THE TERMS OF SECTION 10.2.A.7 OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS, TO PERMIT AN EXISTING BUILDING LOCATED FIVE
(5) FEET FROM THE REAR PROPERTY LINE.
VARIANCE NO. 97 -2
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 10.2.A.7 and 10.3.B of the Cypress Zoning
Ordinance, to permit an existing building to be located five (5) feet from the rear property line,
located at 5391 Lincoln Avenue within the CH- 10,000 Commercial Heavy 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 17.3 -7. of the Zoning Ordinance of the City of
Cypress, the City Council hereby finds that:
(a) The 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, the subject parcel is of a
substandard size and the subject building is existing with the substandard rear setback.
(b) 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 parcel is of a substandard size and the site is already
overbuilt.
(c) 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 older developments within the same area and
zone do not meet the current setback standards.
(d) 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 subject building was originally constructed with a building permit and passed
final building inspection. Furthermore, the subject building has existed for many years
without any complaints regarding its substandard distance from the property adjacent to
the rear setback.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 97 -2.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of May , 1997.
MAYOR OF THE CITY OF CYPRESS
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ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA, 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 12th day of May , 1997, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Jones, Keenan, Piercy and Carroll
NOES:
1 COUNCIL MEMBERS: Bowman
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS