Resolution No. 4522RESOLUTION NO. 4522
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 THE ENCROACHMENT OF THREE FEET (3') INTO THE SIDE
YARD SETBACK AND A BALCONY THE EXTENSION OF FOUR FEET (4') TO TEN
FEET (10') 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 side yard setback by three feet (3') into
the required ten foot (10') side yard setback and the extension of the proposed balcony by four
feet (4') to ten feet (10') 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 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 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 feet
(13') and the balcony be recessed by thirty feet (30') therefore the second story windows
would have less of an impact onto the adjacent property than merely the required ten foot
(10') setback.
(c) 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 feet (30'), 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. 95 -5, 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.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held
on the 14th day of August , 1995.
AYOR OF THE CITY OF YPRESS
1
479
480
ATTEST:
CITY CLERK 0 THE C OF CYPRESS
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
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 14th day of August , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Carroll, Kerry and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Jones
CIT C1 i O E " OF CYPRESS