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Resolution No. 452812 RESOLUTION NO. 4528 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS DENYING A VARIANCE FROM THE TERMS OF SECTIONS 13.4 -3.A. AND E. OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A SATELLITE DISH ANTENNA LESS THAN FIVE (5) FEET FROM A PROPERTY LINE, LESS THAN TEN (10) FEET FROM ANOTHER STRUCTURE, AND HIGHER THAN FIFTEEN (15) FEET. VARIANCE NO. 95 -6 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 Sections 13.4 -3.A. and E. of the Zoning Ordinance of the City of Cypress to allow a satellite dish antenna to remain less than five (5) feet from the property line, less than ten (10) feet from the house structure, and higher than fifteen (15) feet at 9847 Ravari within the PC -25A Planned Community 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) The strict or literal interpretation and enforcement of the specified regulation would not deprive the applicant /property owner of privileges enjoyed by the owners of other properties in the same zone, because other similar satellite dish antennas which have been approved were in compliance with the fifteen -foot (15') height limit. (b) The granting of the variance would constitute the granting of a special privilege inconsistent with the limitations on other properties in the vicinity classified in the same zone, also because previously approved similar satellite dish antennas do not vary from the maximum fifteen -foot (15') height limit. (c) The granting of the variance as conditioned would not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity, but would result in an aesthetic impact on surrounding properties due to the proposed twenty -foot (20') height. (d) Locating the antenna in conformance with the required specifications would not obstruct the antenna's reception window or otherwise excessively interfere with reception, and the cost of meeting the specifications of the specified regulation is not excessive, given the cost of the antenna, because the cost of lowering the satellite dish antenna or relocating it in conformance with the Zoning Ordinance requirements is not excessive in comparison to the cost of the subject satellite dish antenna. (e) The denial of the proposed variance does not prohibit the installation of a satellite dish antenna, because the relocation of the proposed satellite dish antenna in conformance with the Zoning Ordinance requirements is both physically and financially feasible. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby deny Variance No. 95 -6. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 11th day of September , 1995. AY • R OF THE CITY OF C PRESS ATTEST: CITY CLERK OF TH CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS 13 I, DARRELL ESSEX, 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 11th day of September , 1995, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry and Age NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK OF THE ITY OF CYPRESS