536, Addition to SFR with encroachm, Resolutions & Approval Conditions•
RESOLUTION NO. 96-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO ENCLOSE A STAIRWAY
BETWEEN A RESIDENCE AND AN ATTACHED GARAGE AND
APPROVING A VARIANCE TO ENCROACH INTO THE FRONT
YARD SETBACK TO CONSTRUCT A WALLED SERVICE YARD IN
ZONING CASE NO. 536.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. Guy Abraham with respect to
real property located at 9 Packsaddle Road East (Lot 28-SF) requesting a Variance to
permit a stairway to be enclosed between a residence and an attached garage that will
encroach into the front yard setback and a request for a Variance to permit the
construction of a walled service yard that will encroach into the front yard setback at
an existing residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on January 16, 1996 and February 20, 1996, and at
a field trip visit on February 3, 1996.
Section 3. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CEQA 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 17.16.110 requires a front yard setback of 50 feet from the front easement line
in the RA-S-1 residential zone. The applicant is requesting to construct an 82 square
foot enclosure between a residence and an attached garage that will encroach a
maximum of 8 feet into the fifty foot (50') front yard setback. With respect to this
request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is at the end of a cul-
de-sac and the building pad is located close to the street and adjacent residences. The
RESOLUTION NO. 96-7
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• •
existing development pattern on the lot and the sloping rear portion precludes
continued expansion of the residence into the rear of the lot.
B. The 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 development and use of the subject property in a manner consistent with the
shape of the lot and development of other property on this street justifies this
additional small incursion into the front yard setback. There will not be any greater
incursion into the front yard setback than already exists.
C. The granting of the Variance would not 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. Allowing the proposed incursion into
the front yard setback will not allow any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of
the more environmentally significant rear and side portions of the lot to remain
undeveloped.
Section 5 . Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 536 to permit the encroachment
of an 82 square foot enclosure of a stairway between a residence and an attached
garage that will encroach a maximum of 8 feet into the fifty foot (50') front yard
setback, as indicated on the development plan submitted with this application and
incorporated herein by reference as Exhibit A, subject to the conditions specified in
Section 8 of this Resolution.
Section 6. Section 17.16.110 requires a front yard of 50 feet from the front
easement line in the RA-S-1 residential zone. The applicants are requesting to
construct a 96 square foot service yard bordered by a 6 foot wall that will encroach a
maximum of seventeen feet (17') into the fifty foot (50') front yard setback. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because the lot is long and narrow
and the building pad is located close to the street and adjacent residences. The
existing development pattern on the lot and the sloping rear portion precludes
continued expansion of the residence into the rear of the lot.
B. The 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 development and use of the subject property in a manner consistent with the
shape of the lot and development of other property on this street justifies this
RESOLUTION NO. 96-7
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• •
additional small incursion into the front yard setback. There will not be any greater
incursion into the front yard setback than already exists.
C. The granting of the Variance would not 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. Allowing the proposed incursions into
the front yard setback will not allow any greater incursion than already exists. In
addition, development on this portion of the pad will allow a substantial portion of
the more environmentally significant rear and side portions of the lot to remain
undeveloped.
Section 7. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 536 to permit the encroachment
of a 96 square foot service yard bordered by a 6 foot wall that will encroach a
maximum of seventeen feet (17') into the fifty foot (50') front yard setback, as
indicated on the development plan submitted with this application and
incorporated herein by reference as Exhibit A, subject to the conditions specified in
Section 8 of this Resolution.
Section 8. The Variance to the front yard setback approved in Section 5 and
the Variance to the front yard setback approved in Section 7 are subject to the
following conditions:
A. The Variance approvals shall expire within one year from the effective
date of approval as defined in Section 17.38.070.
B. It is declared and made a condition of the Variance approvals, that if
any conditions thereof are violated, this approval 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 Buildings and Construction Ordinance, 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.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file dated December 14, 1995 and marked Exhibit A, except as
otherwise provided in these conditions.
E. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
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F. The applicant shall execute an Affidavit of Acceptance of all conditions
of these Variance approvals, or the approvals shall not be effective.
G. All conditions of these Variance approvals must be complied with
prior to the issuance of a building or grading permit from the County of Los
Angeles.
PASSED, APPROVED AND ADOPTED ON TODAY OF MARCH, 1996.
ALLAN ROBEIZTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 96-7 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO THE
FRONT YARD SETBACK TO ENCLOSE A STAIRWAY BETWEEN A
RESIDENCE AND AN ATTACHED GARAGE AND APPROVING A
VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO
CONSTRUCT A WALLED SERVICE YARD IN ZONING CASE NO. 536.
was approved and adopted at a regular meeting of the Planning Commission on March 9,1996
by the following roll call vote:.
AYES: Commissioners Hankins, Raine, Witte and Chairman Roberts.
NOES: None .
ABSENT: None .
ABSTAIN: Commissioner Sommer.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
. I-Z.
DEPUTY CITY LERK
RESOLUTION NO. 96-7
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