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none, Variance for encroachment into, Staff Reports• • y 0/ Roilin9. AGENDA ITEM 4B MEETING DATE: NOVEMBER 14, 1994 TO: ATTENTION: FROM: SUBJECT: BACKGROUND 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. 518 RESOLUTION NO. 94-24: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE. SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO. 518. Mr. Ty Bobit, 10 Buggy Whip Drive (Lot 1-BW) 1. The Planning Commission approved the attached resolution on November 5, 1994. 2. The applicant is requesting a Variance to permit a 119 foot long, 3 foot high retaining wall that was constructed illegally to remain. A portion of the retaining wall (57 feet) . encroaches up to 8 feet into the 35 foot side yard setback. The construction of 3-foot high retaining walls came to the attention of the City when a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. (A grading permit is not required if grading is less than 3 feet in depth and less than 2,000 square feet of existing ground surface). However, a retaining wall constructed as part of the project encroached a maximum of 8 feet into the side yard setback. 3, The playground area is approximately 3,456 square feet and playground equipment is erected there. Approximately 1,728 square feet was disturbed to create the playground area or less than 3% of the net lot area. ®Printed on Rec:vcrec1 Pdn.0 ZONING CASE NO. 518 PAGE 2 4. The existing 3,954 square foot house, 635 square foot pool and attached 735 square foot garage were built in 1976. 5. Structural lot coverage will not change at 7.13% and the total lot coverage will not change at 11%. 6. Access to the property will continue from the southeast off Buggy Whip Drive. The retaining wall does not encroach into the 15 foot easement used as a horse trail that continues along the southwest property line. 7. Mrs. Pat Clark was present at the first Planning Commission meeting and the field trip and expressed her concerns about the bright yellow color of portions of the playground equipment. Mr. Bobit changed the tent covering to brown. The molded plastic slide remains yellow. Note that the Resolution requires the use of landscaping to obscure the playground equipment as noted on the plans. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 94-24.