Resolution No. 4841149
RESOLUTION NO. 4841
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 9.3.A. TO ALLOW A ROOF - MOUNTED AIR CONDITIONING
CONDENSER UNIT AT AN EXISTING DWELLING LOCATED AT 4322 CRESCENT
AVENUE, CYPRESS.
VARIANCE NO. 95 -3
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, Section 9.3.A., to allow an existing roof - mounted air
conditioning condenser unit on an existing single - family residence, located at 4322 Crescent
Avenue within the RS- 15,000 Residential Single - family 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) 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 not unusual in shape or substandard in size.
(b) 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 City records do not show any other roof -top air
conditioners within the same vicinity or zone (RS- 15,000).
(c) That the granting of the variance as conditioned would constitute the
granting of a special privilege inconsistent with the limitations on other properties in the
vicinity classified in the same zone, because other properties located in the same vicinity
and zone as the subject property have ground - mounted air conditioning condenser units, not
roof - mounted.
(d) That the granting of the variance would be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the vicinity.
Based on the findings of the noise study conducted by the City's consultant, Giroux and
Associates, the subject air conditioning condenser unit currently exceeds the noise standards
set forth in Cypress City Code Sections 13 -68 and 13 -69. Accordingly, the noise emitted
from the subject mechanical equipment is considered a "nuisance."
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby deny Variance No. 95 -3.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of August , 1997.
AYOR
AYOR OF THE CITY OF CYPRESS
150
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 25th day of August , 1997, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Keenan, Piercy and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
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CITY CLERK OF THE CITY OF CYPRESS