Loading...
537, Construct garage with encroach, Staff Reports• • • • • La. 'C9 City 0/ /2OLLiKC} a INCORPORATED JANUARY 24, 1957 I�. o NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No.: 4.A. Mtg. Date: 5/28/96 DATE: MAY 28,1996 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: RESOLUTION NO. 96-9: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A VARIANCE TO PERMIT AN ATTACHED GARAGE THAT WILL ENCROACH INTO THE SIDE YARD SETBACK, DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE, AND DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 537. Dr. and Mrs. Juan Corredor, 7 Wideloop (Lot 8-EF) BACKGROUND 1. The Planning Commission approved the subject resolution denying the project on May 21, 1996 at their regular meeting. 2. The applicants requested a Variance to permit the completion of a 465 square foot garage that was built without permits that will encroach up to 15 feet into the 20 foot east side yard setback and will be 5 feet from the property line. In 1970, a Variance was granted to permit an addition to the west wing of the residence to the east at 5 Wideloop Road (Scott) that is located 13 feet 6 inches from the common property line. The total distance between residences to the east would be 18 feet 6 inches. At the west side of the property, the subject residence is 27 feet from the side property line. The distance of the adjacent residence to the west at 9 Wideloop Road (King) is 8 feet from the common property line. The total distance between residences to the west is 35 feet. The residences at 5, 7 and 9 Wideloop were constructed in 1952 prior to adoption of the Zoning Ordinance in 1960. RESOLUTION NO. 96-9 PAGE 1 • • Total lot coverage existing and proposed is 24,740 square feet or 41.6% of the net lot area and requires a Variance because it exceeds the 35% maximum permitted. The existing and proposed lot coverages are the same because the enclosed garage will replace the existing paved area. Structural lot coverage proposed is 10,050 square feet or 16.8% (20% maximum permitted). Existing and proposed maximum disturbed area is 24,740 square feet or 41.5% of the net lot area and requires a Variance because it exceeds the 40% permitted. [Disturbed area is described as: 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)]. 3. The existing residence was originally built in 1952 with a variety of additions constructed in 1954, 1956, 1957, 1967 and 1982 that ranged from 155 square feet to 650 square feet in size resulting in a total 5,033 square foot residence and 640 square foot attached garage. The swimming pool was constructed in 1970 and the 823 square foot guest house was built in 1982. 4. The existing residential building pad is 17,340 square feet. Coverage on the pad had been 36.4% and as proposed will be 39%. The second building pad that contains a guest house and paddle tennis court has a coverage of 87%. Total building pad coverage proposed is 47.6%. 5. Access to the property will remain the same from the existing driveway off Wideloop Road to the garages at the eastern portion of the residence. 6. Grading will not be required for the project. 7. 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. 96-9. RESOLUTION NO. 96-9 PAGE 2 • • • • • CRITERIA & MAJOR IMPACTS RAS-1 Zone Setbaclyg; 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). Grading Disturbed Area (40% maximum; any graded building ad 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% maximum recommended) Guest House and Paddle Tennis Court 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]. Preserve Views Preserve Plants and Animals RESOLUTION NO. 96-9 PAGE 3 EXISTING There are no encroachments Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL N/A 41.5% 9,585 sq.ft. or 16.1% 24,740 sq.ft. or 41.6% 36.4% 87% 45.4% 5,033 sq. ft. 640 sq.ft. 640 sq.ft. 2,592 sq.ft. 680 so 9,585 sq.ft. Existing off Wideloop Road N/A N/A N/A o PROPOSED The garage will encroach 15' into the 20' side yard setback. Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL None 41.5% 5,033 sq. ft. 1,105 sq.ft. 640 sq.ft. 2,592 sq.ft. 680 so,, 10,050 sq.ft. 10,050 sq.ft. or 16.8% 24,740 sq.ft. or 41.6% 39% 87% 47.6% Existing off Wideloop Road N/A Planning Commission will review Planning Commission will review • • II 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. RESOLUTION NO. 96-9 PAGE 4 • • • • • • • • RESOLUTION NO. 96-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE, DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA, AND DENYING A VARIANCE TO PERMIT AN ATTACHED GARAGE THAT WILL ENCROACH INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 537. 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 Dr. and Mrs. Juan Corredor with respect to real property located at 7 Wideloop Road, Rolling Hills (Lot 8-EF) requesting a Variance to permit a previously constructed illegal attached garage that encroaches into the side yard setback. During the hearing process, additional requests for a Variance to exceed the maximum permitted total lot coverage and a Variance to exceed the maximum permitted disturbed area were introduced. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the applications on February 20, 1996, March 19, 1996, and April 16, 1996, and at a field trip visit on March 9, 1996. Section 3. The Planning Commission finds that the project qualifies as a Class 1 Exemption [State CA Guidelines, Section 15301(e)] and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 17.16.070(A)(2) requires a maximum permitted lot coverage by structures and impervious surfaces to be thirty-five (35) percent of the net lot area. The applicant is requesting to complete and maintain a garage addition that along with other structures and impervious surfaces will cover 24,740 square feet or 41.6% of the net lot area. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property in the same vicinity and zone. The variance is not necessary because the lot covered by structures and impervious surfaces for this RESOLUTION NO. 96-9 PAGE 1 OF 4 • • project would be 41.6% which the Commission finds excessive and exceeds the total lot coverage of most properties in the vicinity so that the proposed expansion is not appropriate for the property. B. The Variance is not 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 because both the residence, garage, pool, paddle tennis court, guest house and impervious surfaces already cover 41.6% of the net lot area and additional structural coverage would exacerbate the amount of structural coverage on this lot. C. The granting of the Variance will 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 because the proposed project does not minimize structural coverage on the lot, leaves little open space between property lines, would further restrict vehicular and pedestrian traffic, would result in further overdevelopment of the lot and far exceeds the maximum total lot coverage of 35%. This would make the proposed garage addition more visually prominent on the building pad than appropriate for the existing development pattern of the City. Section 5. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a garage addition that will exceed the maximum total lot coverage in Zoning Case No. 537. Section 6. Section 17.16.070(B) requires that the natural conditions on a lot to be maintained to the greatest degree possible and limits disturbance to forty (40) percent of the net lot area. Disturbance includes any remedial grading (temporary disturbance), any graded slopes and building pad areas, any nongraded area where impervious surfaces exist and any planned landscaped areas. The applicant is requesting to complete and maintain a garage addition that along with other structures and impervious surfaces will cover 24,740 square feet or 41.6% of the net lot area. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property in the same vicinity and zone. The variance is not necessary because the maximum disturbed area by structures and impervious surfaces for this project would be 41.6% which the Commission finds excessive and exceeds the total lot coverage of most properties in the vicinity so that the proposed expansion is not appropriate for the property. B. The Variance is not 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 because both the residence, garage, pool, paddle tennis court, and guest house and impervious surfaces already cover RESOLUTION NO. 96-9 PAGE 2 OF 4 • • 1 • • • • • 41.6% of the net lot area and additional structural coverage would exacerbate the amount of structural coverage on this lot. C. The granting of the Variance will 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 because the proposed project does not minimize structural coverage on the lot, leaves little open space between property lines, would result in further overdevelopment of the lot and far exceeds the maximum coverage of 40%. The proposed garage addition is also visually prominent on the building pad due to its location in the side yard setback. Section 7. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a garage addition that will exceed the maximum disturbed area in Zoning Case No. 537. Section 8. Section 17.16.120(A) requires a side yard setback for every residential parcel in the RA-S-1 zone to be twenty (20) feet. The applicant is requesting to complete and maintain a 465 square foot garage addition which will encroach a maximum of fifteen (15) feet into the side yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property or to the intended use that do not apply generally to the other property in the same vicinity and zone. The variance is not necessary because the building pad coverage for this project on the upper residential pad would be 39% which the Commission finds excessive and exceeds the building pad coverage of most properties in the vicinity so that the proposed expansion is not appropriate for the property. B. The Variance is not 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 because a water feature and surrounding wall encroaches into the east side yard setback and additional encroachments would exacerbate the amount of residential structure within setback areas. C. The granting of the Variance will 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 because the proposed project does not minimize structural coverage on the pad, leaves little open space between property lines, would result in further overdevelopment of the building pad and far exceeds the recommended coverage of 30%. The encroachment also makes the proposed garage addition more visually prominent on the building pad than appropriate for the existing development pattern of the City. RESOLUTION NO. 96-9 PAGE 3 OF 4 Section 9. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a garage addition that will encroach into the side yard setback in Zoning Case No. 537. PASSED, APPROVED AND ADOPTED ON THE 21ST DMA 1996. ATTEST: MARILYN , DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ "�LLAN RZ7BtRTS, CHAIRMAN I certify that the foregoing Resolution No. 96-9 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED TOTAL LOT COVERAGE, DENYING A VARIANCE TO EXCEED THE MAXIMUM PERMITTED DISTURBED AREA, AND DENYING A VARIANCE TO PERMIT AN ATTACHED GARAGE THAT WILL ENCROACH INTO THE SIDE YARD SETBACK IN ZONING CASE NO. 537. was approved and adopted at an adjourned regular meeting of the Planning Commission on May 21,1996 by the following roll call vote: AYES: Commissioners Hankins, Sommer, 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 MARILYN KEIYN, DEPUTY CITY CLERK RESOLUTION NO. 96-9 PAGE 4 OF 4 • • • C1iy oi�2���q HEARING DATE: APRIL 16, 1996 TO: FROM: • 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 LOLA M. UNGAR, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: ZONING CASE NO. 537 7 WIDELOOP ROAD (LOT 8-EF) RAS-1, 1.43 ACRES DR. AND MRS. JUAN CORREDOR DAVID C. BREIHOLZ, P.E. FEBRUARY 20, 1996 REOUEST Request for a Variance to permit the completion of a previously constructed illegal attached garage that encroaches into the side yard setback, request for a Variance to exceed the total lot coverage, and request for a Variance to exceed the maximum disturbed area. BACKGROUND 1. The Planning Commission viewed the incomplete attached garage structure on March 9, 1996 and continued the item at the request of the applicants from the March 16, 1996 meeting. 2. The applicant is requesting a Variance to permit the completion of a 465 square foot garage that was built without permits that will encroach up to 15 feet into the 20 foot east side yard setback and will be 5 feet from the property line. In 1970, a Variance was granted to permit an addition to the west wing of the residence to the east at 5 Wideloop Road (Scott) that is located 13 feet 6 inches from the common property line. The total distance between residences to the east will be 18 feet 6 inches. At the west side of the property, the subject residence is 27 feet from the side property line. The distance of the adjacent residence to the west at 9 Wideloop Road (King) is 8 feet from the common property line. The total distance between residences to the west is 35 feet. The residences at 5, 7 and 9 Wideloop were constructed in 1952 prior to adoption of the Zoning Ordinance in 1960. ZONING CASE NO. 537 PAGE 1 Printed on Recycled Paper. • • Total lot coverage existing and proposed is 24,740 square feet or 41.6% of the net lot area and requires a Variance because it exceeds the 35% maximum permitted. The existing and proposed lot coverages are the same because the enclosed garage will replace the existing paved area. Structural lot coverage proposed is 10,050 square feet or 16.8% (20% maximum permitted). Existing and proposed maximum disturbed area is 24,740 square feet or 41.5% of the net lot area and requires a Variance because it exceeds the 40% permitted. [Disturbed area is described as: 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)]. NOTE: The Rolling Hills Building Code requires Class A roofing materials for all buildings, except for new additions or reroofing if they do not exceed 200 square feet. Should these Variances be approved, the entire residential structure will be in violation of the Building Code unless the existing shake roof is replaced with a Class A roof. 3. The existing residence was originally built in 1952 with a variety of additions constructed in 1954, 1956, 1957, 1967 and 1982 that ranged from 155 square feet to 650 square feet in size resulting in a total 5,033 square foot residence and 640 square foot attached garage. The swimming pool was constructed in 1970 and the 823 square foot guest house was built in 1982. 4. The existing residential building pad is 17,340 square feet. Coverage on the pad had been 36.4% and as proposed will be 39%. The second building pad that contains a guest house and paddle tennis court has a coverage of 87%. Total building pad coverage proposed is 47.6%. 5. Access to the property will remain the same from the existing driveway off Wideloop Road to the garages at the eastern portion of the residence. 6. Grading will not be required for the project. 7. 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. ZONING CASE NO. 537 PAGE 2 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). Grading Disturbed Area (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, any non aded 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% maximum invmmended) Guest House and Paddle Tennis Court 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]. Preserve Views Preserve Plants and Animals EXISTING There are no encroachments Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL N/A 41.5% 9,585 sq.ft. or 16.1% 24,740 sq.ft. or 41.6% 36.4% 87% 45.4% 5,033 sq. ft. 640 sq.ft. 640 sq.ft. 2,592 sq.ft. 680 sq.ft. 9,585 sq.ft. Existing off Wideloop Road N/A N/A N/A PROPOSED The garage will encroach 15' into the 20' side yard setback. Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL None 41.5% 5,033 sq. ft. 1,105 sq.ft. 640 sq.ft. 2,592 sq.ft. 680 sq.ft. 10,050 sq.ft. 10,050 sq.ft. or 16.8% 24,740 sq.ft. or 41.6% 39% 87% 47.6% Existing off Wideloop Road N/A Planning Commission will review Planning Commission will review ZONING CASE NO. 537 PAGE 3 • • 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. 537 PAGE 4 • City ol Roiling ilitio HEARING DATE: MARCH 19,1996 TO: FROM: • 8q 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 LOLA M. UNGAR, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 537 7 WIDELOOP ROAD (LOT 8-EF) RAS-1, 1.43 ACRES DR. AND MRS. JUAN CORREDOR DAVID C. BREIHOLZ, P.E. FEBRUARY 20, 1996 Request for a Variance to permit the completion of a previously constructed illegal attached garage that encroaches into the side yard setback. BACKGROUND The Planning Commission visited the project site on March 9, 1996. Dr. Corredor requests a continuance this evening because the Corredors will be out of town as noted in the attached letter. RECOMMENDATION It is recommended that the Planning Commission continue the project request to the meeting of April 16, 1996, at 7:30 PM at the Rolling Hills City Council Chambers. Co Printed on Recycled Paper. I MAR 0 7 1996 " :' OF ROLLNO ...�y, I MARCH 4, 1996 CITY OF ROLLING HILLS PLANNING COMMISSION LOLA UNGAR DEAR MS. UNGAR, WE WOULD LIKE TO REQUEST THAT OUR CASE WOULD BE POSTPONED ON YOUR MEETING OF MARCH 19. 1996. WE WILL NOT BE IN TOWN AND WE WOULD LIKE THE OPPORTUNITY TO ATTEND WHEN YOU WILL DISCUSS OUR REQUEST FOR THE VARIANCE. WE WILL BE BACK IN TOWN ON APRIL 8TH. 1996. WE KNOW THAT YOUR FIELD TRIP IT IS SCHEDULED FOR THE 9TH OF MARCH, WE ARE GOING TO BE GONE AT THE TIME. I SPOKE WITH YOU ON MARCH 3RD AND YOU SAID THAT IT IS NOT NECESSARY FOR THE HOMEOWNER TO BE PRESENT. IF YOU HAVE ANY QUESTIONS, OUR DAUGHTERS AND MOTHER IN-LAW WILL BE AT THE HOUSE. WE DO APPRECIATE YOUR COOPERATION. SINCERELY, UAN S. CORREDOR, M.D. -I-- I- I ANON 1123 • Cu, o/ R0fA4 Jhff HEARING DATE: MARCH 9,1996 TO: FROM: • 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 LOLA M. UNGAR, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 537 7 WIDELOOP ROAD (LOT 8-EF) RAS-1, 1.43 ACRES DR. AND MRS. JUAN CORREDOR DAVID C. BREIHOLZ, P.E. FEBRUARY 20, 1996 Request for a Variance to permit the completion of a previously constructed illegal attached garage that encroaches into the side yard setback. BACKGROUND We have attached the February 20, 1996 staff report for the proposed project. RECOMMENDATION It is recommended that the Planning Commission review the proposed project and take public testimony. Printed on Recycled Paper. •City ol Rolling JUL HEARING DATE: FEBRUARY 20, 1996 TO: FROM: • M 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 LOLA M. UNGAR, PRINCIPAL PLANNER APPLICATION NO. Sl1'E LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST ZONING CASE NO. 537 7 WIDELOOP ROAD (LOT 8-EF) RAS-1, 1.43 ACRES DR. AND MRS. JUAN CORREDOR DAVID C. BREIHOLZ, P.E. FEBRUARY 20, 1996 Request for a Variance to permit the completion of a previously constructed illegal attached garage that encroaches into the side yard setback. BACKGROUND In reviewing the applicant's request under Title 17, Zoning, staff would identify the following issues for evaluation: 1. The applicant is requesting a Variance to permit the completion of a 465 square foot garage that was built without permits that will encroach up to 15 feet into the 20 foot east side yard setback with 5 feet to the property line. The distance of the adjacent Scott residence to the east at 5 Wideloop Road is 13 feet 6 inches from the same property line. The total distance between residences to the east will be 18 feet 6 inches. At the west side of the property, the subject residence is 27 feet from the side property line. The distance of the adjacent King residence to the west at 9 Wideloop Road is 8 feet from that same property line. The total distance between residences to the west is 35 feet. The residences at 5, 7 and 9 Wideloop were constructed in 1952 prior to adoption of the Zoning Ordinance in 1960. In 1970, a Variance was granted to permit an addition to the west wing of the residence at 5 Wideloop Road that had been built before adoption of the Zoning Ordinance in 1960 and is located 13 feet 6 inches from the property line. ZONING CASE NO. 537 PAGE 1 ®Printed on Recycled Paper. • • The Commission should note that the Rolling Hills Building Code requires Class A roofing materials for all buildings, except for new additions or reroofing if they do not exceed 200 square feet. Should this Variance be approved, the structure will be in violation of the Building Code unless the existing shake roof is replaced with a Class A roof. 2. The existing 5,033 square foot residence and 640 square foot attached garage was originally built in 1952. In 1954, 1956, 1957, 1967 and 1982, a variety of additions were made to the house and garage that ranged from 155 square feet to 650 square feet in size. The swimming pool was constructed in 1970 and the 823 square foot guest house was built in 1982. 3. The existing residential building pad is 17,340 square feet. Coverage on the pad had been 36.4% and as proposed is 39%. The second building pad that contains a guest house and paddle tennis court has a coverage of 87%. Total building pad coverage proposed is 47.6%. 4. Structural lot coverage proposed is 10,050 square feet or 16.8% (20% maximum permitted). Total lot coverage existing and proposed is 24,740 square feet or 41.6% and exceeds the 35% maximum permitted. The existing and proposed lot coverages are the same because the enclosed garage will replace the existing paved area. 5. Access to the property will remain the same from the existing driveway off Wideloop Road to the garages at the eastern portion of the residence. 6. Existing and proposed maximum disturbed area is 24,740 square feet or 41.5% exceeding the 40% permitted and will remain the same. 7. Grading will not be required for the project. 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. ZONING CASE NO. 537 PAGE 2 CRITERIA & MAJOR IMPACTS MS-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). 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 surfes exist and any planned landscaped areas) Structural Lot Coverage (20% maximum) Total Lot Coverage (35% maximum) Residential Building Pad Coverage (30% recommended) Guest House and Paddle Tennis Court 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]. Preserve Views Preserve Plants and Animals EXISTING There are no encroachments Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL N/A 41.5% 9,585 sq.ft. or 16.1% 24,740 sq.ft. or 41.6% 36.4% 87% 45.4% PROPOSED The garage will encroach 15' into the 20' side yard setback. 5,033 sq. ft. Residence 5,033 sq. ft. 640 sq.ft. Garage 1,105 sq.ft. 640 sq.ft. Swim Pool 640 sq.ft. 2,592 sq.ft. Paddle Tennis Ct. 2,592 sq.ft. 680 scat,. Guest House 680 sqlL, 9,585 sq.ft. TOTAL 10,050 sq.ft. Existing off Wideloop Road N/A N/A N/A None 41.5% 10,050 sq.ft. or 16.8% 24,740 sq.ft. or 41.6% 39% 87% 47.6% Existing off Wideloop Road N/A Planning Commission will review Planning Commission will review ZONING CASE NO. 537 PAGE 3 • VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply enerally 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. 537 PAGE 4 r7,71 cri • 11„. n Li MAR 0 7 1996 ',' OF ROLL:; O`FiTIIS CITY OF ROLLING HILLS PLANNING COMMISSION LOLA UNGAR DEAR MS. UNGAR, WE WOULD LIKE TO REQUEST THAT OUR CASE WOULD BE POSTPONED ON YOUR MEETING OF MARCH 19, 1996,. WE WILL NOT BE IN TOWN AND WE WOULD LIKE THE OPPORTUNITY TO ATTEND WHEN YOU WILL DISCUSS OUR REQUEST FOR THE VARIANCE. WE WILL BE BACK IN TOWN ON APRIL 8TH, 1996. WE KNOW THAT YOUR FIELD TRIP IT IS SCHEDULED FOR THE 9TH OF MARCH, WE ARE GOING TO BE GONE AT THE TIME. I SPOKE WITH YOU ON MARCH 3RD AND YOU SAID THAT IT IS NOT NECESSARY FOR THE HOMEOWNER TO BE PRESENT. IF YOU HAVE ANY QUESTIONS, OUR DAUGHTERS AND MOTHER IN-LAW WILL BE AT THE HOUSE. WE DO APPRECIATE YOUR COOPERATION. SINCERELY, UAN S. CORREDOR, M.D. • Ci1y 0/Roiling .use HEARING DATE: FEBRUARY 20, 1996 TO: FROM: • 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 LOLA M. UNGAR, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 537 7 WIDELOOP ROAD (LOT 8-EF) RAS-1, 1.43 ACRES DR. AND MRS. JUAN CORREDOR DAVID C. BREIHOLZ, P.E. FEBRUARY 20, 1996 Request for a Variance to permit the completion of a previously constructed illegal attached garage that encroaches into the side yard setback. BACKGROUND In reviewing the applicant's request under Title 17, Zoning, staff would identify the following issues for evaluation: 1. The applicant is requesting a Variance to permit the completion of a 465 square foot garage that was built without permits that will encroach up to 15 feet into the 20 foot east side yard setback with 5 feet to the property line. The distance of the adjacent Scott residence to the east at 5 Wideloop Road is 13 feet 6 inches from the same property line. The total distance between residences to the east will be 18 feet 6 inches. At the west side of the property, the subject residence is 27 feet from the side property line. The distance of the adjacent King residence to the west at 9 Wideloop Road is 8 feet from that same property line. The total distance between residences to the west is 35 feet. The residences at 5, 7 and 9 Wideloop were constructed in 1952 prior to adoption of the Zoning Ordinance in 1960. In 1970, a Variance was granted to permit an addition to the west wing of the residence at 5 Wideloop Road that had been built before adoption of -the Zoning Ordinance in 1960 and is located 13 feet 6 inches from the property line. ZONING CASE NO. 537 PAGE 1 ®Printed on Recycled Paper. The Commission should note that the Rolling Hills Building Code requires Class A roofing materials for all buildings, except for new additions or reroofing if they do not exceed 200 square feet. Should this Variance be approved, the structure will be in violation of the Building Code unless the existing shake roof is replaced with a Class A roof. 2. The existing 5,033 square foot residence and 640 square foot attached garage was originally built in 1952. In 1954, 1956, 1957, 1967 and 1982, a variety of additions were made to the house and garage that ranged from 155 square feet to 650 square feet in size. The swimming pool was constructed in 1970 and the 823 square foot guest house was built in 1982. 3. The existing residential building pad is 17,340 square feet. Coverage on the pad had been 36.4% and as proposed is 39%. The second building pad that contains a guest house and paddle tennis court has a coverage of 87%. Total building pad coverage proposed is 47.6%. 4. Structural lot coverage proposed is 10,050 square feet or 16.8% (20% maximum permitted). Total lot coverage existing and proposed is 24,740 square feet or 41.6% and exceeds the 35% maximum permitted. The existing and proposed lot coverages are the same because the enclosed garage will replace the existing paved area. 5. Access to the property will remain the same from the existing driveway off Wideloop Road to the garages at the eastern portion of the residence. 6. Existing and proposed maximum disturbed area is 24,740 square feet or 41.5% exceeding the 40% permitted and will remain the same. 7. Grading will not be required for the project. 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. ZONING CASE NO. 537 PAGE 2 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). 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% recommended) Guest House and Paddle Tennis Court 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]. Preserve Views Preserve Plants and Animals EXISTING There are no encroachments Residence Garage Swim Pool Paddle Tennis Ct. Guest House TOTAL N/A 41.5% 9,585 sq.ft. or 16.1% 24,740 sq.ft. or 41.6% 36.4% 87% 45.4% PROPOSED The garage will encroach 15' into the 20' side yard setback. 5,033 sq. ft. Residence 5,033 sq. ft. 640 sq.ft. Garage 1,105 sq.ft. 640 sq.ft. Swim Pool 640 sq.ft. 2,592 sq.ft. Paddle Tennis Ct. 2,592 sq.ft. 680 sq.ft. Guest House 680 sq.ft. 9,585 sq.ft. TOTAL 10,050 sq.ft. Existing off Wideloop Road N/A N/A N/A None 41.5% 10,050 sq.ft. or 16.8% 24,740 sq.ft. or 41.6% 39% 87% 47.6% Existing off Wideloop Road N/A Planning Commission will review Planning Commission will review ZONING CASE NO. 537 PAGE 3 • 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. 537 PAGE 4