Resolution No. 4748355
RESOLUTION NO. 4748
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING
AN EXTENSION OF A VARIANCE FROM THE TERMS OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS TO ALLOW THE ENCROACHMENT OF
THREE (3) FEET INTO THE SIDE YARD SETBACK AND THE EXTENSION OF A
BALCONY FROM FOUR (4) FEET TO TEN (10) FEET IN ONE DIRECTION.
VARIANCE NO. 95 -5
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 sideyard setback by three (3)
feet into the required ten (10) foot sideyard 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 the City Council hereby finds that:
(a) That the granting of an extension will not adversely impact the finding of
the original variance.
(b) 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 sideyard setback.
(c) 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 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.
(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
in that measures have been taken to reduce the impact of the sideyard 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 an Extension of Variance No. 95 -5 until August 14, 1997,
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.
356
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of January , 1997.
CetA„rye,e,
MAYOR OF THE 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 January , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES:
0
COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS