534, Construct a bay window and new, Staff Reports7
•
Cuy o`leofens ✓�e�
DATE: JANUARY 8,1996
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
Agenda Item No.: 4.B.
Mtg. Date: 1/8/96
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
ATTENTION: CRAIG R. NEALIS, CITY MANAGER
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
SUBJECT: RESOLUTION 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.
Mr. and Mrs. Randy Sopp, 2 Williamsburg Lane (Lots 44-RH, 45-RH
Sr 46A-RH)
BACKGROUND
1. The Planning Commission approved the subject resolution on December 19,
1995 at their regular meeting.
2. The applicants are requesting a minor Variance to permit the encroachment
of a 33 square foot bay window that will encroach up to 24.5 feet into the 50
foot front yard setback and a 17.5 square foot covered entry porch that will
encroach up to 15 feet into the 50 foot front yard setback. Portions of the
existing residence encroach up to 29 feet into the front yard setback. The bay
window will replace an existing 20 square foot bay window and the entry
porch will fill in an existing porch area.
3. The existing 3,167 square foot residence and 475 square foot attached garage
was built in 1941. Over the years, there were small additions and a wooden
deck added, as well as, remodels. 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swimming pool in the northern side yard setback was withdrawn.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
ZONING CASE NO. 534
PAGE 1
® Printed on Recycled Paper
• •
residence for residential additions were approved by the City Council. In
1989, a satellite dish antenna was approved for the property. The latest
remodel is currently in progress since December 1994. On June 12, 1995, the
Traffic Commission approved a revised driveway apron for the property.
There is an existing 465 square foot swimming pool/spa and a 375 square foot
stable on a lower building pad.
4. The existing residential building pad is 6,762 square feet and coverage on the
pad is 56.9%. Large portions of the residence are in the front yard setback.
Proposed coverage on the pad will be 57.1%.
5. Structural lot coverage proposed is 7.11% (20% maximum permitted) and
total lot coverage proposed is 11.94% (35% maximum permitted).
6. Access to the property will remain the same from Williamsburg Lane to the
garage at the southern portion of the residence.
7. Maximum disturbed area will be 21,760 square feet or 32.9% (40% permitted).
8. Grading for the project will not be required.
9. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the City Council receive and file Resolution No. 95-22.
CRITERIA
& MAJOR IMPACTS
RAS-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 ft. from property line
Rear: 50 ft. from property line
Structures
(Site Plan Review required if
size of structure increases by at
least 1,000 sq.ft. and has the
effect of increasing the size of
the structure by more than 25%
in a 36-month period).
ZONING CASE NO. 534
PAGE 2
EXISTING
Residence encroaches up to 29'
into front setback and residence
encroaches up to 6' into side yard
setback.
Residence
Garage
Swim Pool
Service Yard
Stable &
Corral
TOTAL
3,167 sq. ft.
475 sq.ft.
465 sq.ft.
0 sq.ft.
375 sq.ft.
4,482 sq.ft.
PROPOSED
Bay Window will encroach up to
24.5' into front yard setback and
entry porch will encroach up to
15' into front yard setback.
Residence
Garage
Swim Pool
Service Yard
Stable &
Corral
TOTAL
3,180 sq. ft.
475 sq.ft.
465 sq.ft.
208 sq.ft.
375 sq.ft.
4,703 sq.ft.
•
Grading
None None
Disturbed Area
(40% maximum; any graded
building pad area, any remedial
grading (temporary 32.9% 32.9%
disturbance), any graded slopes
and building pad areas, any
nongraded area where
impervious surfaces exist and
any planned landscaped areas)
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
4,482 sq.ft. or 6.78% 4,703 sq.ft. or 7.12%
6,762sq.ft. or 11.61% 7,891 sq.ft. or 11.94%
Residential Building Pad
Coverage 56.9°10 57.1%
(30 to 35% recommended)
Second Building Pad Coverage 22.3% 22.3%
Total Building Pad Coverage 42.6% 44.7%
Roadway Access
Existing Existing
Access to Stable and Corral
[Accessibility and maximum 4:1 Existing Existing
(25%) slope required ONLY for
new residence or additions that
require Site Plan Review].
Preserve Views
Preserve Plants and Animals
ZONING CASE NO. 534
PAGE 3
Insignificant Impact Insignificant Impact
Insignificant Impact Insignificant Impact
VARIANCE REQUIRED FINDINGS
A. That there are exceptional or extraordinary
circumstances or conditions applicable to the
property that do not apply generally to other
properties in the same vicinity and zone; and
B. That such variance is necessary for the
preservation and enjoyment of substantial
property rights possessed by other properties
in the same vicinity and zone but which is
denied the property in question; and
C. That the granting of such variance will not be
materially detrimental to the public welfare
or injurious to properties or improvements in
the vicinity; and
D. That in granting the variance, the spirit and
intent of this title will be observed; and
E. That the variance does not grant special
privilege;
F. That the variance is consistent with the
portions of the County of Los Angeles
Hazardous Waste Management Plan relating
to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with
the General Plan of the City of Rolling Hills.
ZONING CASE NO. 534
PAGE 4
• •
RESOLUTION 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
PAGE 1 OF4
• •
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
PAGE 2 OF4
•
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
RESOLUTION NO. 95-22
PAGE 3 OF 4
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 TE4TM DAY OF DECEMBER, 1995.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
ram. ko(
MARILYN KERN,EPUTY 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.
L
DEPUTY CITY ERK
RESOLUTION NO. 95-22
PAGE4 OF4
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City ofi2 PP..9 JUL
HEARING DATE: NOVEMBER 21,1995
TO:
•
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
HONORABLE MEMBERS OF THE PLANNING COMMISSION
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
APPLICATION NO.
SITE LOCATION:
ZONING AND SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REOUEST
ZONING CASE NO. 534
2 WILLIAMSBURG LANE (LOTS 44-RH, 45-RH &
46A-RH)
RAS-1, 1.89 ACRES
MR. AND MRS. RANDY SOPP
MR. NAGY R. BAKHOUM,
EDWARD CARSON BEALL, A.I.A. AND ASSOCIATES
NOVEMBER 11, 1995
Request for a minor Variance to permit the construction of a bay window and entry
porch that will encroach into the front yard setback.
BACKGROUND
In reviewing the applicants' request under Title 17, Zoning, staff would identify the
following issues for evaluation:
1. The applicants are requesting a minor Variance to permit the encroachment
of a 33 square foot bay window that will encroach up to 24.5 feet into the 50
foot front yard setback and a 17.5 square foot covered entry porch that will
encroach up to 15 feet into the 50 foot front yard setback. Portions of the
existing residence encroach up to 29 feet into the front yard setback. The bay
window will replace an existing 20 square foot bay window and the entry
porch will fill in an existing porch area.
2. The existing 3,167 square foot residence and 475 square foot attached garage
was built in 1941. Over the years, there were small additions and a wooden
deck added, as well as, remodels. 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
ZONING CASE NO. 534
PAGE 1
Printed on Recycled Paper.
• •
residence for residential additions were approved by the City Council. In
1989, a satellite dish antenna was approved for the property. The latest
remodel is currently in progress since December 1994. On June 12, 1995, the
Traffic Commission approved a revised driveway apron for the property.
There is an existing 465 square foot swimming pool/spa and a 375 square foot
stable on a lower building pad.
3. The existing residential building pad is 6,762 square feet and coverage on the
pad is 56.9%. Large portions of the residence are in the front yard setback.
Proposed coverage on the pad will be 57.1%.
4. Structural lot coverage proposed is 7.11% (20% maximum permitted) and
total lot coverage proposed is 11.94% (35% maximum permitted).
5. Access to the property will remain the same from Williamsburg Lane to the
garage at the southern portion of the residence.
6. Maximum disturbed area will be 21,760 square feet or 32.9% (40% permitted).
7. Grading for the project will not be required.
8. The project has been determined to be categorically exempt pursuant to the
California Environmental Quality Act (CEQA).
RECOMMENDATION
It is recommended that the Planning Commission review the proposed plans and
take public testimony.
CRITERIA
& MAJOR IMPACTS
RAS-1 Zone Setbacks:
Front: 50 ft. from front easement
line
Side: 20 ft. from property line
Rear: 50 ft. from property line
EXISTING
Residence encroaches up to 29'
into front setback and residence
encroaches up to 6' into side yard
setback.
PROPOSED
Bay Window will encroach up to
24.5' into front yard setback and
entry porch will encroach up to
15' into front yard setback.
ZONING CASE NO. 534
PAGE 2
Structures
(Site Plan Review required if
size of structure increases by at
least 1,000 sq.ft. and has the
effect of increasing the size of
the structure by more than 25%
in a 36-month period).
Grading
Disturbed Area
(40% maximum; any graded
building pad area, any remedial
grading (temporary
disturbance), any graded slopes
and building pad areas, any
nongraded area where
impervious surfaces exist and
any planned landscaped areas)
Structural Lot Coverage
(20% maximum)
Total Lot Coverage
(35% maximum)
Residential Building Pad
Coverage
(30 to 35% recommended)
Second Building Pad Coverage
Total Building Pad Coverage
Roadway Access
Access to Stable and Corral
[Accessibility and maximum 4:1
(25%) slope required ONLY for
new residence or additions that
require Site Plan Review].
Residence
Garage
Swim Pool
Service Yard
Stable &
Corral
TOTAL
None
32.9%
4,482 sq.ft. or 6.78%
6762sq.ft. or 11.61%
56.9%
22.3%
42.6%
Existing
Existing
3,167 sq. ft. Residence
475 sq.ft. Garage
465 sq.ft. Swim Pool
128 sq.ft. Service Yard
375 sq.ft. Stable &
Corral
4,482 sq.ft. TOTAL
None
32.9%
4,703 sq.ft. or 7.12%
3,180 sq. ft.
475 sq.ft.
465 sq.ft.
208 sq.ft.
375 sq.ft.
4,703 sq.ft.
7,891 sq.ft. or 11.94%
57.1%
22.3%
44.7%
Existing
Existing
ZONING CASE NO. 534
PAGE 3
• •
Preserve Views Insignificant Impact Insignificant Impact
Preserve Plants and Animals Insignificant Impact Insignificant Impact
VARIANCE REQUIRED FINDINGS PROPOSED
A. That there are exceptional or extraordinary
circumstances or conditions applicable to the
property that do not apply generally to other
properties in the same vicinity and zone; and
B. That such variance is necessary for the
preservation and enjoyment of substantial
property rights possessed by other properties
in the same vicinity and zone but which is
denied the property in question; and
C. That the granting of such variance will not be
materially detrimental to the public welfare
or injurious to properties or improvements in
the vicinity; and
D. That in granting the variance, the spirit and
intent of this title will be observed; and
E. That the variance does not grant special
privilege;
F. That the variance is consistent with the
portions of the County of Los Angeles
Hazardous Waste Management Plan relating
to siting and siting criteria for hazardous
waste facilities; and
G. That the variance request is consistent with
the General Plan of the City of Rolling Hills.
ZONING CASE NO. 534
PAGE 4