Resolution No. 4931474
RESOLUTION NO. 4931
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 TO ALLOW A SINGLE - FAMILY RESIDENCE TO ENCROACH THREE (3)
FEET INTO THE SIDE YARD SETBACK AND A BALCONY EXTENSION UP TO TEN
(10) FEET IN ONE DIRECTION
VARIANCE NO. 98 -1
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 to allow the encroachment of the side yard setback by three (3)
feet into the required ten (10) foot side yard setback and the extension of the proposed balcony by
four (4) feet to ten (10) feet in one direction located at 8721 Acacia Drive in 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 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 as homes that have been developed in the RS- 15,000
Zone with a reduced side yard setback.
(b) 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 that the second floor is designed to be recessed by more than
thirteen (13) feet and the balcony be recessed by thirty (30) feet; therefore, the
second story windows would have less of an impact onto the adjacent property
than merely the required ten (10) foot setback.
(c) 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 in that measures have been taken to reduce the impact of the side yard setback by
recessing the second floor, requiring landscaping along that area, and the location of the
balcony from the adjacent property by thirty (30) feet, in addition to the added condition
that any future complaints as a result of the impact of second story windows will be
mitigated to the satisfaction of the Community Development Department.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 98 -1, subject to the following conditions:
1. Landscaping shall be installed along the reduced setback area identified as the south
portion of the site, to create a visual barrier. Said landscape plan shall be approved by the
Community Development Department sixty (60) days prior to certificate of occupancy.
2. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be subject to
Design Review and may consist of, but not be limited to, requirements for additional perimeter
landscaping and /or window coverings as determined appropriate by the Design Review
Committee.
475
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of April , 1998.
MAYO OF CITY OF CYPRESS
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 13th day of April , 1998, by the following roll call vote:
AYES:
NOES:
4 COUNCIL MEMBERS: Bowman, Carroll, Piercy and Keenan
0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CITY CLERK OF THE CITY OF CYPRESS