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328, Remodel existing non-conformin, Resolutions & Approval ConditionsGENERAL ACKNOWLEDGMENT NO. 201 State of_ County of California Los Angeles ti Z. _ :lam!: JJllff..!.l 1.1.f./.1../I �1.lfl..11./lf./✓J./..1.11.1./.�.��.�.1.�.�./_/:1..!./� T_ } A SS. 1 1 OFFICIAL SEAL BARBARA J. MAGNUSON Notary Public -California LOS ANGELES COUNTY My Comm. Exp. Apr. 20, 1990 On this the 22may of September Barbara J. Magnuson the undersigned Notary Public, personally appeared Thomas Jankovich personally known to me ❑ proved to me on the basis of satisfaQtory evidence to be the person(s) whose name(s) is he subscribed to the with' instrument, and acknowledged that executed it. WI MESS my hand . -d • fic;-I seal. 19 8F before me, Notary's Signature 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365-4625 For • 7 RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Recorder's use RECORDED IN OFFICIAL REO RD RECORDER'S OFFICE .LOS ANGELES COUNTY CALIFORNIA rMIN• .10 A.M. SEP 2,3 1986 PAST. FEE $7 •N Please record this form with the -Registrar -Recorder's Office return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires before recordation.) w STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) and that the form be notarized • . . Acceptance Form SS CONDITIONAL USE PERMIT CASE NOT VARIANCE CASE NO. 328 I (We) the undersigned state: I am ' (We are) the owner (s), of the real property 35 Saddleback Road 49U. described as follows: This property is the subject of the above numbered I am (We are) aware of, and accept, all the Conditional Use Permit•Case Na. Variance Case No. cases. stated conditions in • 328 I (We) certify (or declare) under the penalty. of perjury that the foregoing is true'and correct: (Where the owner and applicant -are not the same, both must sign.) Applicant Name Address City, State Signature Owner Name Address City, State Signature This signature must be acknowledged by a notary public. Attach appropriate acknowledgement. Type or print Mr. Thomas Jankovich 35 Saddleeback Road Roiling Hills, CA 90274 said -777,1; 0G4 Mr. Thomas JankFiovich 35 Saddleback Road Rolling Hills, CA 90274 RESOLUTION NO. 554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A FRONT YARD SETBACK VARIANCE IN ZONING CASE NO. 328 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES FIND AND RESOLVE AS FOLLOWS: Section 1. An application was duly filed by Tom Jankovich for a front yard setback variance for property located at 35 Saddleback Road, Rolling Hills, California. The application seeks a variance to allow a portion of a proposed rebuilt house to be constructed in the front setback of the property. Section 2. On May 20, 1986 and June 17, 1986, the Planning Commission held duly noticed public hearings to consider the application. Upon reviewing the evidence and receiving testimony, the Commission approved the variance. Section 3. Pursuant to its authority under Section 17.32.140 of the Rolling Hills Municipal Code, the City council took jurisdiction of the variance application within the appeal period on July 14, 1986 and ordered a de novo public hearing. Section 4. The City Council opened the public hearing on August 11, 1986 and continued it to August 12, 1986, to August 25, 1986 and to September 8, 1986. A duly noticed field trip was conducted on August 12, 1986, to which the applicant and all members of the public were invited. The Council has considered the evidence, both written and oral, presented to it in connection with this application. Section 5. In accordance with Section 17.32.030 of the Municipal Code, the City Council finds as follows: 1. The subject property is unique in that it has existing foundations on which the applicant intends to rebuild, an exisiting swimming pool, and no additional area within which to build due to unstable soil conditions and topography. An existing nonconforming garage which extends into the front setback will be removed, thereby lessening the existing intrusion into the setback area. The variance involves construciton of a structure in an area already occupied by a legal nonconforming wall, which is unsightly. Thus, the new construction will enhance the appearance of an existing structure in the same location. 2. Approval of the variance does not give to the applicant a special privilege because it merely allows him to construct a house on a lot subject to unusual constraints such 'as unstabl fill soil conditions and the presence of existing structures. 3. The variance is necessary to the applicant's ability to enjoy his property to the same extent as other similar properties in the same zone. It will permit applicant to construct in accordance with a design plan that makes sensible use of existing unique conditions, Section 6. In accordance with the foregoing findings, the variance sought in Zoning Case No. 328 is hereby approved. 1986. ATTEST: PASSED, APPROVED and ADOPTED h' 22nf1-,-dam of September, may I hereby certify that the foregoing Resolution No. 554 was adopted by the City Council of the City of Rolling Hills at a regular meeting thereof held on the 22nd day of September, 1986 by the following vote of the Council: AYES: NOES: ABSENT: Councilmembers Heinsheimer, Leeuwenburgh, Murdock Swanson, Mayor Pernell None None BEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS COUNTY OF LOS ANGELESr In the Matter of the Application of Mr. Tom Jankovich Lot 49-RH STATE OF CALIFORNIA ZONING CASE NO. 328 FINDINGS AND REPORT The application of Mr. Tom Jankovich, Lot 49-RH, Rolling Hills Tract, for a Conditional Use Permit under Section 17.32.010 of the City of Rolling Hills Municipal Code, came on for hearing on the 20th day of May 1986 and the 17th day of June 1986 in the Council Chambers of the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California, and the applicant, the Planning Commission, being advised, now makes its Findings and Report as re- quired by the Municipal Code of the City of Rolling Hills, California. I. The Commission finds that the applicant, Mr. Tom Jankovich, is the owner of that certain real property described as Lot 49-RH, lo- cated at 35 Saddleback Road in the City of Rolling Hills, and that notice of the public hearing in connection with said application was given as required by Section 17.32.080 of the Municipal Code of the City of Rolling Hills, California. that no comment, written or verbal, the request. The was Commission finds, further, received in opposition to II. The Commission finds that the applicant has requested a Variance from Section 17.16.060 minimum front yard setback require- ments. The applicant has requested a 26 foot encroachment into the minimum front yard setback of 50 feet which would leave a front yard setback. The applicant indicates that the proposed structural en- croachment shall be constructed within and upon an already existing structural encroachment into the minimum front yard setback. The applicant indicates that due to extreme topographical gradients on his property, the excessive grading which would be required to expand the building pad area, could be detrimental to the environ- ment. Therefore, the applicant requests the granting of the Variance so that he may have the same rights to property as others in the same vicinity and zone, which would otherwise be denied if he were not able to fully utilize the existing graded building pad area. The Commission finds that there are extraordinary topograph- ical and physical conditions which exist on the property which do not apply to other properties in the vicinity and zone, which im- pinge upon the applicant's ability to fully utilize his property, without damaging the environment. The Commission finds that a Variance should be granted in order to preserve substantial property rights in the same vicinity and zone, and that the granting of such Variance would not be materially detrimental to the public welfare, not injurious to property in the same vicinity and zone. III. From the foregoing, it is concluded that a Variance should be granted to Mr. Jankovich, Lot 49-RH, 35 Saddleback Road under Section 17.32.010 of the City of Rolling Hills Municipal Code for a Variance from Section 17.16.060 minimum front yard requirements sub- ject to the following conditions: 1) The front yard encroachment not exceed 26 feet; 2) The area along the entirety of the encroach- ment be adequately screened with landscaping; 3) The landscaping plan be approved by the Planning Commission; and, a bond in the amount of estimate for the cost of landscaping, plus 150, be posted for not less than two years, after landscape installation; 4) The tennis court be screened with landscaping; and, 5) the bridle trails, at the westerly boundary, be graded; and it is, therefore, so ordered. /S/ Allan Roberts Chairman, Planning Commission /S/ T,grrgT,. Belanger Secretary, Planning Commission ORDINANCE NO. 207 AN ORDINANCE OF THE CITY OF ROLLING HILLS RELATING -. TO CONDITIONAL. -USE PERMITS AND 'VARIANCES AND AMENDING, . THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: ' Section 1. Title 17, Chapter 17.32.of the Rolling ' Hills Municipal Code is amended by adding a new Section 17.32.087 thereto to read: 17.32.087.. Affidavit .of Acceptance. No conditional use permit or variance shall be effective for any purpose until the applicant -executes 'an affidavit provided by the -City declaring that the applicant is aware. of and accepts the..conditions that have been imposed upon the .permit or variance. Each conditional use permit and variance granted shall contain a condiiton to this effect.. The executed affidavit shall be recorded with the County Recorder. PASSED, APPROVED and ADOPTED this 25th day of February, 1985. Mayor ATTEST: