Loading...
480, Request for a bathroom alcove , Staff Reports• • City OY /E0ff ...11i14 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 AGENDA ITEM 7-B MEETING DATE 3/1/94 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 480 Dr. and Mrs. Barton Wachs, 6 Outrider Road (Lot 72-A-EF) RESOLUTION NO. 728: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK OF A MASTER BEDROOM ADDITION IN ZONING CASE NO. 480. BACKGROUND This case was appealed to the City Council after being denied by the Planning Commission. The City Council approved the Variance on February 14, 1994. The attached resolution memorializes City Council approval of the Variance. RECOMMENDATION It is recommended that the City Council approve Resolution No. 728. ® Pr,nted on Popor • DRAFT RESOLUTION NO. 728 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK FOR A MASTER BEDROOM ADDITION IN ZONING CASE NO. 480. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance into allowable setbacks for a bathroom alcove and a master bedroom addition at an existing single family residence. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance into allowable setbacks on July 20, 1993 and August 18, 1993, and at a field trip visit on August 10, 1993. Section 3. On September 7, 1993, the Commission denied the request for a Variance to construct the bathroom alcove and master bedroom addition in the side yard setback by approving Resolution No. 93-30 in Zoning Case No. 480. Section 4. The applicants appealed the denial to the City Council on October 6, 1993. The City Council conducted a duly noticed public hearing to consider the appeal of the application on October 25, 1993, November 22, 1993, January 10, 1994, January 24, 1994, and February 14, 1994 and at a field trip visit on December 11, 1993. During deliberations, the request for a bathroom alcove was withdrawn by the applicant. At the hearings, the City Council considered, among other evidence presented: (i) the location of the residence on the building site; (ii) the construction of the residence when 30 foot setbacks from front easement lines were permitted; (iii) the small increase to bedroom size; (iv) the method of calculation of the percentage of residential coverage of the building pad; (v) the distance and effect on neighboring properties; and (vi) the withdrawal of the bathroom alcove improvement. Section 5. The City Council finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 6. Sections 17.38.010 through 17.38.050 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. A Variance to Sections 17.16.120(A)(1) and 17.16.150 is required to permit a 349 sre foot master bedroom addition to RESOLUTION NO. 728 PAGE 2 encroach up to a maximum of 3.25 feet into the twenty (20) foot side yard setback. The City Council finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the existing legal nonconforming residence already. encroaches up to 2.84 feet into the side yard setback, the building pad is relatively small and there are topographic constraints to building the additions outside of the side yard setback. B. This 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 encroachments continue the form and shape of the existing residence and the existing location of the residence relative to the setback lines is similar to the location on the lot of other surrounding residences. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. Development on the pad will allow a substantial portion of the lot to remain undeveloped, will reduce pool area noise, and will not impair the view or privacy of adjacent residents. Section 7. Based upon the foregoing findings, the City Council hereby approves the Variance to encroach up to a maximum of 3.25 feet into the side yard setback to add a master bedroom addition to a single family residence as indicated on the Development Plan attached hereto as Exhibit A subject to the following conditions: A. The Variance shall expire unless used within one year from the effective date of approval as defined in Section 17.38.070(A) of the Municipal Code. B. It is declared and made a condition of the Variance approval, that if any conditions thereof are violated, the Permit 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 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. �� RESOLUTION NO. 728 PAGE 3 D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A except as otherwise provided in these conditions. E. The project must be reviewed and approved by the Rolling Hilts Community Association Architectural Review Committee prior to the issuance of any building or grading permit. F. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. G. Construction shall not take place before 8 AM nor later than 6 PM, Monday through Saturday. Construction shall not take place on Sunday. H. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance approval, pursuant to Section 17.38.070, or the approval shall not be effective. I. All conditions of this Variance approval must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH, 1994. JODY MURDOCK, MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS SS I certify that the foregoing Resolution No. 728 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK FOR A MASTER BEDROOM ADDITION IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the City Council on March 1, 19 4�by the following roll call vote: RESOLUTION NO. 728 PAGE 4 AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK HEARING DATE: TO: ATTENTION: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST Cu• y a/ R0fA4 JJ4/h AGENDA ITEM FEBRUARY 14, 1994 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER • INCORPORATED JANUARY 24, 1957 6-A ZONING CASE NO. 480 6 OUTRIDER ROAD (LOT 72-A-EF) RAS-1, 0.795 ACRES DR. AND MRS. BARTON WACHS CRISS GUNDERSON, ARCHITECT OCTOBER 16, 1993 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. BACKGROUND 1. The applicants requested that the subject case be continued at the January 24, 1994 meeting because Dr. Wachs was unable to attend the meeting. 2. On January 10, 1994, the Council requested that staff calculate coverage on a building pad that includes a 30 foot setback from the front easement line as opposed to the currently required 50 foot front yard setback from the front easement line. Measuring 20 feet in front of the setback line, the area is 1,380 ,square feet plus the 8,106 square foot allowable building pad, totaling 9,486 square feet. With proposed structures on the pad totaling 4,851 square feet, the building pad coverage would be 51.1% with a 30 foot setback as opposed to 59.8% with a 50 foot setback. 3. The Council also requested that the area between buildings on the adjacent property to the proposed project be remeasured and that the structures described on the vicinity map be accurate. The applicant's representative confirmed their accuracy. Staff resinspected the properties prior to the last Council meeting and concur with the applicants' representative. ®Panted on Recycled Papr,r. • 11041E1174 J A N 2 4 1994 � CITY OF ROLLING HILLS ay January 24, 1994 Rolling Hills City Council City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, California 90274 Regarding: Wachs appeals Dear Mayor Murdock, I spoke with Dr. Wachs's office staff late this afternoon, Unfortunately, Dr. Wachs has been called in for emergency surgery. He does not believe he can attend tonights meeting. Because of this, I respectfully request that tonights proceedings be continued until the next meeting of the City Council, Tha Criss Gunderson' CCG: ccg Architect 253 5th Street, Suite C, Seal Beach, California 90740 Tel: (310) 594.9157 Fax: (310) 594.5553 ZONING CASE NO. 480 PAGE 2 4. The applicants are appealing a Planning Commission denied request for a Variance to permit the encroachment of a bathroom alcove and master bedroom addition into the side yard setback as delineated on the attached appeal form. 5. The City Council viewed a staking of the request on December 11, 1993. The Council requested that the Vicinity Map be updated to accurately reflect the buildings on the adjacent property to the northwest which the applicant has provided. The map shows that a there is a pool cabana on the adjacent property to the northwest that is 45 feet from the proposed bathroom alcove and 28 feet 6 inches from the property line. The proposed alcove will be 16 feet 6 inches from the property line 6. The Planning Commission denied the project in Resolution No. 93-30 September 7, 1993. This action was received and filed by the City Council on September 13, 1993. 7. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: (1) approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, (2) the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess of the building pad coverage on most other properties in the vicinity, and (3) the proposed additions leave even less open space between property lines. RECOMMENDATION It is recommended that the City Council review the proposed plans and take public testimony. RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.120(A)(1),is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds: • A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary because approximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. 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 • • RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. EVIE I#ANKINS, CTING CHAIR ATTEST: m,1 K MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: Commissioners Frost, Raine and Acting Chairman Hankins NOES: None ABSENT: Commissioner Lay ABSTAIN: Commissioner Roberts • City oi Roiling -AIL AGENDA ITEM 6-B HEARING DATE: JANUARY 24, 1994 TO: ATTENTION: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 480 6 OUTRIDER ROAD (LOT 72-A-EF) RAS-1, 0.795 ACRES DR. AND MRS. BARTON WACHS CRISS GUNDERSON, ARCHITECT OCTOBER 16, 1993 AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. BACKGROUND 1. On January 10, 1994, the Council requested that staff calculate coverage on a building pad that includes a 30 foot setback from the front easement line as opposed to the currently required 50 foot front yard setback from the front easement line. Measuring 20 feet in front of the setback line, the area is 1,380 square feet plus the 8,106 square foot allowable building pad, totaling 9,486 square feet. With proposed structures on the pad totaling 4,851 square feet, the building pad coverage would be 51.1% with a 30 foot setback as opposed to 59.8% with a 50 foot setback. 2. The Council also requested that the area between buildings on the adjacent property to the proposed project be remeasured and that the structures described on the vicinity map be accurate. The applicant's representative confirmed their accuracy and staff will inspect the properties prior to the meeting. 3. The applicants are appealing a Planning Commission denied request for a Variance to permit the encroachment of a bathroom alcove and master bedroom addition into the side yard setback as delineated on t attached appeal form. ®Printed en Recycled Paper • • ZONING CASE NO. 480 PAGE 2 4. The City Council viewed a staking of the request on December 11, 1993. The Council requested that the Vicinity Map be updated to accurately reflect the buildings on the adjacent property to the northwest which the applicant has provided. The map shows that a there is a pool cabana on the adjacent property to the northwest that is 45 feet from the proposed bathroom alcove and 28 feet 6 inches from the property line. The proposed alcove will be 16 feet 6 inches from the property line. 5. The Planning Commission denied the project in Resolution No. 93-30 September 7, 1993. This action was received and filed by the City Council on September 13, 1993. 6. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: (1) approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, (2) the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess of the building pad coverage on most other properties in the vicinity, and (3) the proposed additions leave even less open space between property lines. RECOMMENDATION It is recommended that the City Council review the proposed plans, open the public hearing and take public testimony. �a� • eily o/ Rollin ItY JANUARY 24, 1937 OCi 6 .•� •RTUGUESE BEND ROAD CITY OF ROIL NG 0 1993 ROVING NUS,s. CALIF. 90274 (21 3) 377.1521 HILIS FAX (213) 377.726$ REQUEST FOR APPEAL APPLICATION FILE NO. Zot\iI wo c 5ia 4E1 PROPERTY ADDRESS: (p ou a OWNER: PI. 1,442. teiciz>1.4 wit 5 I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: SIGNED DATE: FEE: (1( I. . 93 op (Two-thirds of original application fee) • There are exceptional circumstances applicable to the property and the intended use that apply generally to the other properties in the same vicinity. Other properties on Outrider are substantially larger in size, especially in the allowable buildable width. Since the house was built, the front yard setback was increased from 30 feet to 50 feet. This has resulted in many residences in the area to have front yard building setback encroachments including the Wach's. The proposed side yard encroachments by city definitions are minor. The additions as presented are the only logical approach to increasing the size of the Wach's master bedroom, bath and dressing areas taking into consideration the existing floor plan and the architectural review committee requirements. The addition is not lavish at 372 square feet, with total building area in setbacks of 67 square feet. The maximum encroachment into side yard is 3 feet 6 inches. These encroachments will not be detrimental to the surrounding properties or the community at large • • RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.120(A)(1) is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary because approximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. 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 s • RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS.7TH DAY OF SEPTEMBER, 1993. EVIE i ANKINS, ACTING CHAIR ATTEST: MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: Commissioners Frost, Raine and Acting Chairman Hankins NOES: None ABSENT: Commissioner Lay ABSTAIN: Commissioner Roberts i City 0/2 PF.•ny JUL • INCORPORATED JANUARY 24, 1957 AGENDA ITEM 7-A HEARING DATE: JANUARY 10, 1994 TO: ATTENTION: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 480 6 OUTRIDER ROAD (LOT 72-A-EF) RAS-1, 0.795 ACRES DR. AND MRS. BARTON WACHS CRISS GUNDERSON, ARCHITECT OCTOBER 16, 1993 AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. BACKGROUND 1. The applicants are appealing a Planning Commission denied request for a Variance to permit the encroachment of a bathroom alcove and master bedroom addition into the side yard setback as delineated on the attached appeal form. 2. The City Council viewed a staking of the request on December 11, 1993. The Council requested that the Vicinity Map be updated to accurately reflect the buildings on the adjacent property to the northwest which the applicant has provided. The map shows that a there is a pool cabana on the adjacent property to the northwest that is 45 feet from the proposed bathroom alcove and 28 feet 6 inches from the property line. The proposed alcove will be 16 feet 6 inches from the property line. 3. The Planning Commission approved attached Resolution No. 93-30 September 7, 1993. This action was received and filed by the City Council on September 13, 1993. 4. The applicants are requesting a Variance to permit a 372 square foot bathroom alcove and master bedroom that would encroach up to 3.5 feet into the 20 foot side yard setback. ®P••rted or. Pr.• yr, !�;n P ZONING CASE NO. 480 PAGE 2 5. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: (1) approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, (2) the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess of the building pad coverage on most other properties in the vicinity, and (3) the proposed additions leave even less open space between property lines. RECOMMENDATION It is recommended that the City Council review the proposed plans, open the public hearing and take public testimony. • Citf ot Rollin V JANUARY 24, 1957 OCT 6 q�/rvRTUGUESE BEND ROAD 1993 ROILING HILLS. CALIF. 90274 CITY OF ROILcN^ 12'3►arn1s21 HILLS FAX (213) 377.7281 el►.... ................... REQUEST FOR APPEAL APPLICATION FILE NO. 2 *4i hk G: rho PROPERTY ADDRESS: (p cu-r4 IpeA. f 12 OWNER: P.. Pi� -iat4 wY?C.fis I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: / /i SIGNED (ALDATE: ('2 FEE: ' OO (Two-thirds of original application fee) • • There are exceptional circumstances applicable to the property and the intended use that apply generally to the other properties in the same vicinity. Other properties on Outrider are substantially larger in size, especially in the allowable buildable width. Since the house was built, the front yard setback was increased from 30 feet to 50 feet. This has resulted in many residences in the area to have front yard building setback encroachments including the Wach's. The proposed side yard encroachments by city definitions are minor. The additions as presented are the only logical approach to increasing the size of the Wach's master bedroom, bath and dressing areas taking into consideration the existing floor plan and the architectural review committee requirements. The addition is not lavish at 372 square feel, with total building area in setbacks of 67 square feet. The maximum encroachment into side yard is 3 feet 6 inches. These encroachments will not be detrimental to the surrounding properties or the community at large • RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA.Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.120(A)(1) is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary because approximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. B. The Variance is not necessary for the preservation and enjoyment of a substantial property right posseed by other property in the same vicinity and zone, but which is denied to the RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building. pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. EVIE }ANKINS, ACTING CHAIR ATTEST: MARILYN KE N, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the -following roll call vote: AYES: Commissioners Frost, Raine and Acting Chairman Hankins NOES: None ABSENT: Commissioner Lay ABSTAIN: Commissioner Roberts Cuy 0/Roiling JhfL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 AGENDA ITEM 2-A (310) 377.1521 MEETING DATE 12/11/93 FAX: (310)377.7288 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER. SUBJECT: ZONING CASE NO. 480 Dr. and Mrs. Barton Wachs, 6 Outrider Road (Lot 72-A-EF) AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. ZONING & SIZE: RAS-1, 0.795 ACRES PUBLISHED: OCTOBER 16, 1993 BACKGROUND 1. The applicants are appealing a Planning Commission denied request for a Variance to permit the encroachment of bathroom alcove and master bedroom addition into the side yard setback as delineated on the attached appeal form. 2. The Planning Commission approved attached Resolution No. 93-30 September 7, 1993. 3. The applicants are requesting a Variance to permit a 372 square foot bathroom alcove and master bedroom that would encroach up to 3.5 feet into the 20 foot side yard setback. 4. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: (1) approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, (2) the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess of the building pad coverage on most other properties in the vicinity, and (3) the proposed additions leave even less open space between property lines. ®Pr,nted on Recycled Ric'," ZONING CASE NO. 480 PAGE 2 RECOMMENDATION It is recommended that the City Council review the proposed plans and take public testimony. yr • o Ciio//Q.J/LJJdf� JODY MURDOCK Mayor GINNY LEEUWENBURGH Mayor Pro Tem THOMAS F. HEINSHEIMER Councilmember GODFREY PERNELL Councilmember GORDANA SWANSON Councilmember December 16, 1993 Dr. and Mrs. Barton Wachs 6 Outrider Road Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 RE: ZONING CASE NO. 480 DR. AND MRS. BARTON WACHS, 6 OUTRIDER ROAD (LOT 72-A-EF) AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. Dear Dr. and Mrs. Wachs: As you are no doubt aware, members of the City Council conducted a field trip to your residence for consideration of the above mentioned appeal on Saturday, December 11, 1993. Your approval will be considered by the City Council during a continued public hearing at the regular City Council Meeting to be held Monday, January 10, 1994 in the Rolling Hills City Council Chambers, #2 Portuguese Bend Road, beginning at 7:30 p.m. At the field trip, deficiencies in the vicinity map of adjoining properties were identified. Your assistance in correcting the vicinity map to depict accurate information will be appreciated. Please provide an updated vicinity map to this office prior to January 5, 1994. Should you wish to discuss this further, please do not hesitate to call. Thank you for your cooperation. Sincerely, /44-6 Craig R. Nealis City Manager CRN:mlk corres.cm \zcfield.ltr cc: Mr. Criss Gunderson, Architect Printed on Recycled P-aper • oty o` tling� L • JANUARY 24, 1957 OCT 6 ORTUGUESE BEND ROAD 0 1993 ROLLING HILLS, CALIF. 90274 (213► 377.1521 CITY OF ROL L;NG HILLS FAX (213) 377.728a BY...�. REQUEST FOR APPEAL APPLICATION FILE NO. Z *41 bk eirAtAa 41,o PROPERTY ADDRESS: (0 OcrEtiPk.A. fk0Al2 OWNER: tic . �. ts442,-ra1,1 wrcHs I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: SIGNED 64* DATE: FEE: O C) (Two-thirds of original application fee) • • There are exceptional circumstances applicable to the property and the intended use that apply generally to the other properties in the same vicinity. Other properties on Outrider are substantially larger in size, especially in the allowable buildable width. Since the house was built, the front yard setback was increased from 30 feet to 50 feet. This has resulted in many residences in the area to have front yard building setback encroachments including the Wach's. The proposed side yard encroachments by city definitions are minor. The additions as presented are the only logical approach to increasing the size of the Wach's master bedroom, bath and dressing areas taking into consideration the existing floor plan and the architectural review committee requirements. The addition is not lavish at 372 square feet, with total building area in setbacks of 67 square feet. The maximum encroachment into side yard. is 3 feet 6 inches. These encroachments will not be detrimental to the surrounding properties or the community at large • RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3., The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA•Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.120(A)(1) is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary because approximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. 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 RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building. pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. EVIE }iANKINS, ACTING CHAIR ATTEST: C .,rho✓ MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: Commissioners Frost, Raine and Acting Chairman Hankins NOES: None ABSENT: Commissioner Lay ABSTAIN: Commissioner Roberts • C ty Allini V V L1f.i�J INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Agenda Item No: 7-E Mtg. Date: 11/8/93 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF REQUEST BY APPLICANTS TO CONTINUE PUBLIC HEARINGS RELATIVE TO ZONING CASE NO. 480 (WACHS) 6 OUTRIDER ROAD (LOT 72-A-3F) AND ZONING CASE NO. 497 (HOWROYD) 7 MAVERICK LANE (LOT 28-SK). DATE: NOVEMBER 8, 1993 Attached to this staff report is correspondence from architect Criss C. Gunderson requesting the public hearings relative to the appeals in Zoning Cases No. 480 (Wachs, 6 Outrider Road) and Case No. 497 (Howroyd, 7 Maverick Lane) to a date after the Thanksgiving Holiday. At the. October 25, 1993, City Council meeting, City Councilmembers scheduled public hearing field trips for these appeal cases for Saturday, November 13, beginning at 8:00 a.m. If members of the City Council wish to honor this request, it would be in order to select an additional date for these public hearings in the field and direct staff to administer these changes. CRN:mlk corres.cm\phcont.sta ®ormred qn Pecycl d P :r'• A • C1iyol ie0m Jh/'h • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 AGENDA ITEM 6 -A FAX: (310) 377-7288 MEETING DATE 10/25/93 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 480 Dr. and Mrs. Barton Wachs, 6 Outrider Road (Lot 72-A-EF) AN APPEAL OF A PLANNING COMMISSION DENIED REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. BACKGROUND 1. The applicants are appealing a Planning Commission denied request for a Variance to permit the encroachment of bathroom alcove and master bedroom addition into the side yard setback as delineated on the attached appeal form. 2. The Planning Commission approved attached Resolution No. 93-30 September 7, 1993. 3. The applicants are requesting a Variance to permit a 372 square foot bathroom alcove and master bedroom that would encroach up to 3.5 feet into the 20 foot side yard setback. 4. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: (1) approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, (2) the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess of the building pad coverage on most other properties in the vicinity, and (3) the proposed additions leave even less open space between property lines. • tJ P•,nted on Recycled Paper. ZONING CASE NO. 480 PAGE 2 RECOMMENDATION It is recommended that the City Council review the proposed plans, open the public hearing, take public testimony and continue the item to a scheduled field trip visit, if desired. • C1i, o/ AM. OCT 06 1993. CITY OF ROLLING HILLS REQUEST FOR APPEAL APPLICATION FILE NO. ZcI f-4G 41j0 PROPERTY ADDRESS: —, D(,nmati, F.,0,q2 OWNER: 12K. VA:t:Ipt4 W?t4 JANUARY 24, 1957 ORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377.1521 FAX (213) 377.7288 I hereby request appeal of the decision of the Planning Commission on the above referenced application(s) for the following reasons: SIGNED DATE: FEE: (44' . op (Two-thirds of original application fee) • • There are exceptional circumstances applicable to the property and the intended use that apply generally to the other properties in the same vicinity. Other properties on Outrider are substantially larger in size, especially in the allowable buildable width. Since the house was built, the front yard setback was increased from 30 feet to 50 feet. This has resulted in many residences in the area to have front yard building setback encroachments including the Wach's. The proposed side yard encroachments by city definitions are minor. The additions as presented are the only logical approach to increasing the size of the Wach's master bedroom, bath and dressing areas taking into consideration the existing floor plan and the architectural review committee requirements. The addition is not lavish at 372 square feet, with total building area in setbacks of 67 square feet. The maximum encroachment into side yard is 3 feet 6 inches. These encroachments will not be detrimental to the surrounding properties or the community at large • RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA•Guidelines. Section 4. Section 17.38.010(A) permits 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 thesame extent enjoyed by similar properties. A Variance to Section 17.16.120(A)(1) is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds: A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary becauseapproximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. 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 t RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. 77 Q //`'''�' EVIE HANKINS, ACTING CHAIR ATTEST: MARILYN KE N, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: Commissioners Frost, Raine and Acting Chairman Hankins NOES: None' ABSENT: Commissioner Lay ABSTAIN: Commissioner Roberts C14 op l2 fP.•..9 Jh/16 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 • FAX: (310) 377-7288 AGENDA ITEM 4C MEETING DATE 9/13/93 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 480 Dr. and Mrs. Barton Wachs, 6 Outrider Road (Lot 72-A-EF) RESOLUTION NO. 93-30: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. BACKGROUND 1. The Planning Commission approved the subject resolution on September 7, 1993. 2. The applicants are requesting a Variance to permit the encroachment of a 372 square foot bathroom alcove and master bedroom up to 3.5 feet into the 20 foot side yard setback. 3. The Planning Commission denied the Variance for a bathroom alcove and master bedroom addition in Resolution No. 93-30 for the following reasons: approximately one-third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas, the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission found to be excessive and in excess ofthe building pad coverage on most other properties in the vicinity, and the proposed additions leave even less open space between property lines. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 93-30. I RESOLUTION NO. 93-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. 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. Barton Wachs with respect to real property located at 6 Outrider Road, Rolling Hills (Lot 72-A-EF) requesting a Variance to construct a bathroom alcove and master bedroom addition to an existing single family residence which would encroach into the side yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance on July 20, 1993 and August 17, 1993, and at a field trip visit on August 10, 1993. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 3 exemption provided by Section 15303 of the State CEQA Guidelines. Section 4. Section 17.38.010(A) permits 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. A Variance to Section 17.16.120(A)(1) is required to construct a bathroom alcove and master bedroom addition to the residence in the twenty (20) foot side yard setback along, the north side of the property. The applicant is requesting a bathroom alcove and master bedroom addition that will encroach up to a maximum of 3 feet 6 inches into the side yard setback. The Planning Commission finds:• A. There are no exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that apply generally to the other property in the same vicinity and zone. The Variance is not necessary because approximately one- third of the present house encroaches on three sides into the front and both northern and southern side yard setbacks and additional encroachments would exacerbate the amount of residential structure within setback areas. 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 RESOLUTION NO. 93-30 PAGE 2 property in question because, unlike most surrounding properties, a significant portion. of the existing residence already encroaches into the front and side yard setbacks. These encroachments and the proposed additions to the home which would be permitted by these Variances would result in a building pad coverage of 59.8% which the Planning Commission finds to be excessive and in excess of the building pad coverage on most other properties in the vicinity. C. The granting of .this Variance will be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located because the proposed additions do not minimize structural encroachments. This makes the proposed residential additions closer to other existing residences than appropriate for the required setbacks and leaves even less open space between property lines. Section 4. Based upon the foregoing findings, the Planning Commission hereby denies the request for a Variance approval for the construction of a new garage in Zoning Case No. 480. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF SEPTEMBER, 1993. 0 EVIE I NKINS, ACTING CHAIR ATTEST: MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-30 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DENYING A REQUEST FOR A VARIANCE TO PERMIT THE ENCROACHMENT OF A BATHROOM ALCOVE AND MASTER BEDROOM ADDITION INTO THE SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 480. was approved and adopted at an adjourned regular meeting of the Planning Commission on September 7, 1993 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ei1y HEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST • opeo PP•,.y JUL INCORPORATED JANUARY 24, AUGUST 17, 1993 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 480 6 OUTRIDER ROAD (LOT 72-A-EF) RAS-1, 0.795 ACRES DR. AND MRS. BARTON WACHS CRISS GUNDERSON, ARCHITECT JULY 20, 1993 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 The applicants request a Minor Variance to permit the encroachment of room additions into the side yard setback at an existing single family residence. BACKGROUND 1. The Planning Commission viewed a silhouette of the proposed project on August 10, 1993. 2. The applicants are requesting a Minor Variance to encroach up to 3.5 feet into the 20 foot side yard setback for 372 square feet of residential additions at the northeastern portion of the residence for a master bath/sitting room and a bay window facing north. 3. The existing house and attached garage were completed in 1957. In 1963, a 398 square foot bedroom and bath were added. In 1987, the Planning Commission approved a Variance for 785 square feet of room additions to encroach into the north and south side yard setbacks (Zoning Case No. 343). A 440 square foot swimming pool was constructed in 1988. 4. Grading for the project site will not be required. 5. Calculations show a structural lot coverage (including a future stable) proposed is 5,301 square feet or 19.2% (20% permitted) and the total lot coverage proposed is 9,098 square feet or 32 . 9 0 (35% permitted) . 5. The residential building pad is 8,106 square feet and the pad coverage within allowable setbacks is 59.8%. Printed on Recycled Paper. ZONING CASE NO. 480 PAGE 2 6. There will be no change of access to the residence which will continue to be from the driveway at the northwest portion of the property. 7. Mrs. Marilyn Malmuth, 4 Outrider Road, and Mr. James Post, 3 Outrider Road, reviewed the proposed plan at City Hall. Mrs. Malmuth was apprised of the field trip date as she requested. 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. HEARING DATE: TO: FROM: APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST • 0/ A/ JUL INCORPORATED JANUARY 24, JULY 20, 1993 PLANNING COMMISSION LOLA UNGAR, PRINCIPAL PLANNER ZONING CASE NO. 480 6 OUTRIDER ROAD (LOT 72-A-EF) RAS-1, 0.795 ACRES DR. AND MRS. BARTON WACHS CRISS GUNDERSON, ARCHITECT JULY 20, 1993 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 The applicants request a Minor Variance to permit the encroachment of room additions into the side yard setback at an existing single family residence. DISCUSSION 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 encroach up to 3.5 feet into the 20 foot side yard setback for 372 square feet of residential additions at the northeastern portion of the residence for a master bath/sitting room and a bay window facing north. 2. The existing house and attached garage were completed in 1957. In 1963, a 398 square foot bedroom and bath were added. In 1987, the Planning Commission approved a Variance for 785 square feet of room additions to encroach into the north and south side yard setbacks (Zoning Case No. 343). A 440 square foot swimming pool was constructed in 1988. 3. Grading for the project site will not be required. 4. Calculations on submitted plans are in disagreement with the City's maps and previously submitted plans. Submitted plans show the lot to be 1 acre net (43,560 square feet), while previously submitted plans and City maps show the lot to be 0.795 acres gross (34,630 square feet). Staff's calculations are based on a 27,680 square foot net lot. The structural lot coverage (including a future stable) proposed is 5,301 square feet or 19.2% (20% permitted) and the total lot coverage proposed is 9,098 square feet or 32.9% (35% permitted). Printed on Recycled Papu. ZONING CASE NO. 480 PAGE 2 5. Calculations on submitted plans are also in disagreement with staff calculations for the building pad. Calculations on plans show a building pad of 13,439 square feet and a pad coverage of 32.7%. Staff measured the building pad as shown on the plan and determined that the building pad is approximately 8,106 square feet and the coverage within allowable setbacks is 59.8%. 6. There will be no change of access to the residence which will continue to be from the driveway at the northwest portion of the property. 7. Mr. Art Stribley, 8 Outrider Road, called to inquire about the location of the proposed additions. Mrs. Marilyn Malmuth, 4 Outrider Road, reviewed the proposed plan at City Hall. 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.