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155, Construct a tennis court, CorrespondenceJuly 2, 1976 Department of County Engineer 24320 South Narbonne Avenue Lomita, California 90717 Attention: Mr. Ivan M. Bullum District Engineer Dear Mr. Bullnm: Enclosed is a.copy.ofprdinanceNo. 137 adopted by hhe Rolling Hills City Council On February 9, 1976. This letter, is tO request that .any plans submitted by Dr. and Mrs. Gordon' Bernstein, Lot 5-SF, 1 Ringbit Road West, Rolling Hills show that planned, improvements on the property will. not, exceed 257 of the netlot area as defined' in Paragraph (A) of the ordinance. Further, the plans' should indicate location of 200 square feet for construction of a stable with vehiCle. access thereto, as required by Section 3.04, Lot CoVerage,-Orinance'No 137. In order to assure accuracy you are requested to verify all.dimensions.shown on the plan by physical inspection of .the premises and from such inspection verify, the fact thatalI.iMprOvements.on the property, including the .improvement to be constructed, do not exceed 25% of the net area of the lot. In the event the plans submitted to you by ,Dr. and:Mrs Bernstein do not adequately show all improvements now. on property or to be constructed on the property as requested by-them,.no:permit should be issued until such tfte as the plans are so drawn as toenable you to make:the:nedessarY computations to establish thatthe requirements of Section1.04'6f Ordinance No..137 have been complied with.. Your attention to this matter is requested. Very truly yours, June C. Cunningham Deputy City Clerk C1i ol Rolling �Pe, Dr. and Mrs. Gordon Bernstein 1 Ringbit Road West Rolling Hills, California 90274 Dear Dr. and Mrs. Bernstein: • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 July 1, 1976 This is to advise you that at a regular meeting on Monday, June 28, 1976 the City Council voted to sustain the decision of the Planning Commission on May 18, 1976 to deny your application for a conditional use permit for construction of a tennis court on Lot 5-SF, 1 Ringbit Road West which would result in development of the pro- perty in excess of 25% ofthe total area. The vote of the Council was as follows: AYES: Councilmembers Crocker, Heinsheimer, Swanson Mayor Rose NOES: None ABSENT: Councilman Pernell Very truly yours, June C. Cunningham Deputy City Clerk ¶1EULi E 224/0 Hawthorne Boulevard , Torrance , California 90505 Salle 4 (2/3) 378- 9395 June 29, 1976 City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90278 Attn: Teena Clifton Re: Dr. Gordon Berstein, Tennis Court Honorable Council: Enclosed you will find eight copies of our traverse calculations with. the net area of Lot 5 (exclusive of Roadway and 10' easement on the Northerly and Westerly sides). We have calculated the area and find it to be 46,292.898 sq. ft. The percent of net lot coverage with the tennis court is 24.95%. The tabulation is as follows: House 4700 sq. ft. Pool 480 sq. ft. Court 6168 sq. ft. Stable Provision 200 sq. ft. Total 11,548 sq. ft. Percent Lot Coverage = 11548 = 24.95% 46,292.898 If you have any questions, please contact me. Very truly yours, a . ROGER A MEURER, R.C.E. 20200 President RAM:cip Encls. B ',TRAVERSE SHEETI A b C ._.9_ = b_ . sin A sin 8 sin CRSE, BEARING NO. 1 N85-20-40W 2 S12-30-00W 3 S41-30-10E 4 N48-29-50E 5 S55-49-45E 6 N34-10-15E 7 N55-49-45W 8 S85-20-40E 9 N4-39-30E N E + + SE - + SW - - NW + - LATITUDE DEPARTURE DISTANCE DIST. x COS. BEARING DIST. x SIN. BEARING 96.29 361.14 90.54 15.00 15.00 44.34 270.00 270.00 245.49 T(TAL NET AREA = 46,292.898 Sq. Ft. COORDINATES N'LY Ei LY 10,000 10,000 10,007.81E 9904.028 9655.236 9587.428 9597.368 9588.943 9625.629 9777.278 9755.363 10,000.042 9825.863 9885.860 9897.094 9909.504 9934.408 9711.019 9980.128 10,000.065 June 4, 1976 Dear Mr. McCabe, Enclosed are various papers regarding the construction of my proposed tennis court. Unfortunately the court would mean "coverage" of 26.46% of my property as apposed to the limit of 25% imposed by ordinance #137 was recently passed in February 1976. My application to the Planning Commission for a conditional use permit was denied on May 18, 1976. The denial was based largely on neighborhood opposition, led by Dr. Labelle who lives on Flying Mane, so far away from the area that he could not conceivably be affected. The only valid complaint was by John Link who has already moved and who's house is waiting to be sold. At any rate, the Planning CommissionwOaced great importance on the neighborhood opposition. If allowed to introduce new evidence I can now produce a favorable petition signed by a similar number of neighbors, some of whom are quite close physically. The application was also denied because the plans are submitted did not designate an area where a stable could be placed legally, eventho 200 sq. feet were allotted for a stable as required by the ordinance. Roer! Meurer can correct this on the next set of plans, again if we can produce new evidence. I wish you to assist me in appearling to the City Council and/or by re -applying for a new variance. I think our chances will be better if I can intnoduce new plans and a new petition and perhaps some other new arguments. Can this be done through an appeal to the City Council or must we get a "de nova" hearing or apply for a new variance in order to introduce these points. Teena Clifton is to advise me today concerning these points. She is not clear on them and is to consult the City Attorney. There is also some confusion as to the deadline for appeal to the City Council. Is it 20 days after the hearing of May 18, • which would be this coming Monday, or is it 20 days after the committee formally reports it's findings, which just occurred a few days ago. If the deadline is Monday, I will either have to submit a very hasty and probably inadequate letter of appeal or go the route of re -starting with the Planning Commission. Some additional points of interest are that (1) Forrest Riegel, Chairman of the Planning Commission, stated for the record at the hearing that a court without a fence is acceptable. This absured statement was made in replay to my noting that ordinace #137 includes tennis courst under the 25% pnovision and includes asphalt and concrete surfaces under a 50% provision. What is the difference? "The fence is offensive; said Mr. Riegel and a court without a fence is O.K." (2) The planning Commission defends the recently passed ordinance saying it was worked on for many years.and that'll; 25% limit was chosen after considerable controversy and compromise to reach that figure. It is certainly not absolute. Eventho they may have worked on it for several years, this was not common kii,+w knowlege and it is still a new law. I am not, desirous of spending a great fortune, suing the City etc, etc, but I do wish to have you represent 'me in the appeal process, to better present the case, and provide a little more pressure towards a favorable consideration. taordon A. Bernstein, M.D. Home Phone: 377-2163 Office Phone: 531-3110 Ext. 236 May 11,976 Gordon A. Bernstein,M.D. #1 Ringbit Road West Rolling Hills, CA 90274 The Planning Commission c/o City of Rolling Hills Rolling Hills, CA 90274 Re: Application for variance of Article 3, Ordinance #33, Section 3.04 Ladies and Gentlemen: Your favorable consideration for a variance of section.3.04' is respectfully requested and isfelt justified on the following basis; A) Section 3.04 specifies that certain property improvements, including tennis courts, shall not cover more than 25% of the net lot area, etc. With construction of my tennis court, the developed area will total 26%, an excess of 1%. B) While I understand and am in sympathy with the general intent of the ordinance, the numerical limit of 25% is. still an arbitrary figure. It is most difficult to understand why 26%, rather than 25%, is. in any way objectionable or is a meaningful violation of the ordinance or of its intended purpose. C) Accordingly, granting of this variance is not materially detrimental to the public welfare or injurious to other property in the vicinity. D) This ordinance was recently passed and approved on February 9, 197E This is approximately 21 months after I purchased my property with the full intention and expectation that I would be able to construct a tennis court. A variance is necessary for the preservation and enjoyment of a substantial property right which is possessed by other property in the same area, whose owner's were able to begin construction at an earlier date. Because of its "newness" this ordinance should be applied quite judiciously. Thank you for your favorable consideration. Sincerely, Gordon A. Bernstein,M.D. • i May 18, 1976 To: Planning Commission of the City of Rolling Hills 2 Portugese Bend Road Rolling Hills, Cal. 90274 Re: Request for issuance of a conditional use permit under Article 111, Section 3.04, Lot Coverage Ordinance # 137 for a tennis court to Dr. & Mrs. Gordon Bernstein, Lot 5 SF, 1 Ringbit Road West, in the city of Rolling Hills, County of Los Angeles, State of California. We, the undersigned, are opposed to the construction and use of a tennis court at the above residence for the following reasons. 1. Said property does not meet the requirements of Ordinance No. 137 of the City of Rolling Hills, Article 111, Section 3.04, Lot Coverage. 2. Said Property is so located that a tennis court would greatly detract from the beauty and quiet of the rural atmosphere which is so very important to the residents. 3. The proposed' tennis court would also create a noise problem in addition to an increase in traffic. /� ,/i✓7 r,o ) (//�Yti4i .- , - :\,,..., Le t( CA17-d--,—k` ago > i 1. J ADDRESS ,479 3 ,. A , </- Rd J4-' , I 2 / ,119-LAW/j2-6--(CI 71,4-77z ,//U/,_;() • May 1, 116 Gordon A. Bernstein,M.D. #1 Ringbit Road West Rolling Hills, CA 90274 The Planning Commission c/o City of Rolling Hills Rolling Hills, CA 90274 Re: Application for variance of Article 3, Ordinance #33, Section 3.04 Ladies and Gentlemen: Your favorable consideration for a variance of section.3.04 is respectfully requested and is felt justified on the following basis; A) Section 3.04 specifies that certain property improvements, including tennis courts, shall not cover more than 25% of the net lot area, etc. With construction of my tennis court, the developed area will total 26%, an excess of 1%. B) While I understand and am in sympathy with the general intent of the ordinance, the numerical limit of 25% is still an arbitrary figure. It is most difficult to understand why 26%, rather than 25%, is in any way objectionable or is a meaningful violation of the ordinance or of its intended purpose. C) Accordingly, granting of this variance is not materially detrimental to the public welfare or injurious to other property in the vicinity. D) This ordinance was recently passed and approved on February 9, 1976. This is approximately 21 months after I purchased my property with the full intention and expectation that I would be able to construct a tennis court. A variance is necessary for the preservation and enjoyment of a substantial property right which is possessed by other property in the. same area, whose owner's were able to begin construction atan earlier date. Because of its "newness" this ordinance should be applied quite judiciously. Thank you for your favorable consideration. Sincerely, /f Gordon A. Bernstein,M.D. DR. IRDON BERNSTEIN 5-SF 1 Ringbit Road West Tennis Court Plan Ord /3 7 Semi o n. 3. Q 4 erg l,ais f 2 * 46 7L 4rE Tr, to re) ✓e s `•', 78 a �s Figures by Roger Meurer, Engineer 3/15/76 PovDAt4 6G 4 • � s 60a 1--t4--,/ 1 R) 3 S 8' z6% 39 �a c ^ e c r per r•�--, hULI. .'JEILLS nr:-771.TP, .F /577 e EY