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none, Schematic to raise the interio, Resolutions & Approval ConditionsRESOLUTION NO. 93-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A GYMNASIUM ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 500. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. and Mrs. Paul Hennessey with respect to real property located at 12 Johns Canyon Road, Rolling Hills (Lot 170-A-7-MS) requesting a Variance to permit an encroachment into the front yard setback to construct a gymnasium addition at an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 15, 1993, July 20, 1993, and August 17, 1993, and at field trip visits on July 15, 1993 and August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in, the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties. A Variance to Section 17.16.110 is required to construct a gymnasium addition to the residence in the fifty (50) foot front yard setback. The applicant is requesting a 760 square foot gymnasium addition that will encroach up to a maximum of twenty-five (25) feet into the front yard setback. The Planning Commission finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the existing legal nonconforming residence was built at an angle within the front yard setback and though building pad coverage will be 68.9%, the residence is adjoined by gentle slopes which expand the openness of the building pad and give the illusion of a much larger pad. B. This Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. The Variance is necessary because the proposed addition will be aligned with the corners of the garage and guest house which encroach into the curved front yard setback. The proposed addition protrudes seven feet beyond one corner of the existing garage and one • • RESOLUTION NO. 93-29 PAGE 2 foot beyond one corner of the existing guest house on this -angular corner lot. Also, the Variance will permit the development of the property in a manner similar to development patterns on surrounding properties. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the residence is secluded by tall trees and landscaping. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach into the front yard setback to permit an encroachment up to a maximum of 25 feet into the front yard to construct a gymnasium addition as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 6. Section 6. The Variance to the front yard setback for the encroachment of a gymnasium addition as approved in Section 4 is subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070 0(A)(1) of the Municipal Code. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. C. All requirements of the.. Zoning Ordinance and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. D. The lot shall be developed and maintained in substantial conformance with the development plan on file marked Exhibit A except as otherwise provided in these conditions. The proposed gymnasium addition shall not encroach more than 25 feet into the front yard setback. E. Openness of the building pad described in Section 4.A shall be maintained and coverage on the building pad shall not exceed 68.9%. F. Existing landscaping located between the house and Johns Canyon Road shall be preserved and maintained, to the maximum extent feasible.