Resolution No. 425240
RESOLUTION NO. 4252
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 THREE FOOT SIDEYARD SETBACK FOR A ONE -STORY
ROOM ADDITION TO A SINGLE - FAMILY HOME.
VARIANCE NO. 93 -12
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 a three foot sideyard setback for a one -story room
addition to a single- family home located at 5641 St. Ann Avenue.
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 result in practical difficulty in that the room addition alignment
would be jogged in, thereby creating an unbalanced design and poor use of available
open space.
(b) The enforcement of the specified regulation would deprive the
applicant of privileges enjoyed by the owners of other properties in the vicinity
classified in the same zone, since another homeowner in the RM -15 was granted a
similar variance.
(c) The granting of this variance would not constitute a special privilege
since there are unusual circumstances and a similar variance has been granted to
another property owner.
(d) The granting of the variance will not be detrimental to the public
health, safety, or welfare since the neighboring home to the west is separated
approximately thirteen feet (13 i from the proposed room addition by a private
driveway, and therefore, the three foot (3) setback will not impose on the privacy of
neighbors.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 93 -12, subject to the conditions set forth
in Exhibit "A" attached.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 25th day of October , 1993.
MAYOR OF THE CITY
RESS
ATTEST:
CITY -CLERK OF THE TY 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 25th day of October , 1993, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Bowman, Nicholson, Partin and Kerry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Age
CITY CLERK OF T CITY OF CYPRESS
42
EXHIBIT "A"
VARIANCE NO. 93 -12
CONDITIONS OF APPROVAL
1. Applicant /developer shall comply with applicable provisions of the 199.1; Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
2. Applicant /developer shall comply with all disclosure requirements of the Orange
County Fire Department for hazardous materials use and /or storage and the South
Coast Air Quality Management District for exhaustion of air contaminants.
3. Type 5 cement shall be used for all foundations and slabs on grade.
4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
5. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
6. All architectural treatments shall be constructed as illustrated on plans and
renderings submitted. The final exterior color scheme shall be submitted to City staff
for review and approval prior to actually painting the structure.
7. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
8. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.