534, Construct a bay window and new, Resolutions & Approval ConditionsRESOLUTION NO. 95-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO CONSTRUCT A BAY
WINDOW AND GRANTING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK TO CONSTRUCT AN ENTRY PORCH
IN ZONING CASE NO. 534.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. and Mrs. Randy Sopp with
respect to real property located at 2 Williamsburg Lane (Lots 44-RH, 45-RH &46A-
RH) requesting Variances to permit the construction of a bay window and an entry
porch that will encroach into the front yard setback.
Section 2. In 1975, a Conditional Use Permit was granted to encroach into
the front yard setback for a garage and additions to the southern portion of the
residence. In 1982, a request for a Variance for a swimming pool in the northern
side yard setback was withdrawn. In 1986, Variances for front and side yard
encroachments at the north side of the residence for residential additions were
approved by the City Council. In 1989, a satellite dish antenna was approved for the
property. The latest internal remodel has been in progress since December 1994. On
June 12, 1995, the Traffic Commission approved a revised driveway apron, south of
the residence.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application on November 21, 1995.
Section 4. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit 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 in the same vicinity.
Section 17.16.110 requires a front yard setback of 50 feet from the front easement line
in the RA-S-1 residential zone. The applicant is requesting to add a 33 square foot
bay window to replace a 20 square foot bay window which will encroach a
maximum of 24.5 feet into the fifty foot (50') front yard setback. With respect to this
request for a Variance, the Planning Commission finds as follows:
RESOLUTION NO. 95-22
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A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is long and narrow
and the building pad is located close to the street and adjacent residences. The
existing development pattern on the lot and the sloping rear portion precludes
continued expansion of the residence into the rear of the lot.
B. The 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 development and use of the subject property in a manner consistent with the
shape of the lot and development of other property on this street justifies this
additional small incursion into the front yard setback. There will not be any greater
incursion into the front yard setback than already exists.
C. The granting of the Variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located. Allowing the proposed incursions into
the front yard setback will not allow any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of
the more environmentally significant rear and side portions of the lot to remain
undeveloped.
Section 6 . Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 534 to permit the encroachment
of a 33 square foot bay window into the front yard setback with a maximum
encroachment of 24.5 feet into the fifty foot (50') front yard setback, as indicated on
the development plan submitted with this application and incorporated herein by
reference as Exhibit A, subject to the conditions specified in Section 9 of this
Resolution.
Section 7. Section 17.16.110 requires a front yard of 50 feet from the front
easement line in the RA-S-1 residential zone. The applicants are requesting to
construct a 17.5 square foot covered entry porch that will encroach a maximum of
fifteen feet (15') into the fifty foot (50') front yard setback. With respect to this request
for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is long and narrow
and the building pad is located close to the street and adjacent residences. The
existing development pattern on the lot and the sloping rear portion precludes
continued expansion of the residence into the rear of the lot.
RESOLUTION NO. 95-22
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• •
B. The 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 development and use of the subject property in a manner consistent with the
shape of the lot and development of other property on this street justifies this
additional small incursion into the front yard setback. There will not be any greater
incursion into the front yard setback than already exists.
C. The granting of the Variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located. Allowing the proposed incursions into
the front yard setback will not allow any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of
the more environmentally significant rear and side portions of the lot to remain
undeveloped.
Section 8. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 534 to permit the encroachment
of a 17.5 square foot covered entry porch that will encroach a maximum of fifteen
feet (15') into the fifty foot (50') front yard setback, as indicated on the development
plan submitted with this application and incorporated herein by reference as Exhibit
A, subject to the conditions specified in Section 9 of this Resolution.
Section 9. The Variance to the front yard setback approved in Section 6 and
the Variance to the front yard setback approved in Section 8 are subject to the
following conditions:
A. The Variance approvals shall expire within one year from the effective
date of approval as defined in Section 17.38.070.
B. It is declared and made a condition of the Variance approvals, that if
any conditions thereof are violated, this approval 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 Buildings and Construction Ordinance, 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 site plan on file dated November 1, 1995 and marked Exhibit A, except as
otherwise provided in these conditions.
E. The project must be reviewed and approved by the Rolling Hills
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Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
F. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance approvals, or the approvals shall not be effective.
G. All conditions of these Variance approvals must be complied with
prior to the issuance of a building or grading permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED ON T E4 JI DAY OF DECEMBER, 1995.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 95-22 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO CONSTRUCT A BAY WINDOW AND
GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD
SETBACK TO CONSTRUCT AN ENTRY PORCH IN ZONING CASE NO. 534.
was approved and adopted at a regular meeting of the Planning Commission on December 19,
1995 by the following roll call vote:
AYES: Commissioners Frost, Hankins, Raine, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY LERK
RESOLUTION NO. 95-22
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