586, Encroachment into front yard s, Resolutions & Approval Conditions•
RESOLUTION NO. 98-23
EXxt/t8
99 0616060
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK FOR A PREVIOUSLY
ILLEGALLY CONSTRUCTED GARDEN PLATFORM/VIEW AREA IN
ZONING CASE NO. 586.
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 Mr. Brent Harris, Trustee for
Security Trust Company, Trust No. 013475, with respect to real property located at 1
Crest Road East (Lot 1-FT), Rolling Hills, requesting a Variance to permit an existing
illegally constructed garden platform/view area that encroaches into the front yard
setback at an existing single family residence.
Section 2. A. In June, 1998, it came to the attention of the City that a
structure was being constructed on the subject property within required setbacks
without the benefit of building permits. Staff spoke with the Harris' representative,
Ms. Christine Mulligan, Mulligan Studios, Landscape Design & Development. In a
• letter dated June 10, 1998, Ms. Mulligan interpreted the structure as a walkway
which is permitted within required setbacks.
B. On July 21, 1998, the Planning Commission concurred with staff's
determination per the Municipal Code that the garden platform/viewing area
constitutes a structure and not a walkway as originally claimed by the applicants:
C. On August 25, 1998, staff received a letter from Ms. Mulligan informing
staff that Mr. and Mrs. Harris and Ms. Mulligan would be pursuing the necessary
steps to comply with the requirements of the Municipal Code. The Harrises
submitted a Variance application on September 25, 1998.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application on October 20, 1998 and November 17, 1998, and
at a field trip visit on November 7, 1998. The applicant was notified of the public
hearing in writing by first class mail and through the City's newsletter. Evidence
was heard from members of the City staff, the applicants, and the Planning
Commission reviewed, analyzed and studied the project. Concerns expressed by
Commissioners and the applicants focused on the unauthorized construction of the
garden platform/view area, its use and its location in order to gain a "city lights"
view.
Section 4. The Planning Commission finds that the project qualifies as a Class
3 Exemption [State CEQA Guidelines, Section 15303 (New Construction or
Conversion of Small Structures)] and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
RESOLUTION NO. 98-23
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99 0616060
Section 5. 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 for every residential parcel in the
RA-S zone to be no less than fifty (50) feet from the front easement line. The
applicant is requesting a Variance to authorize the retention of an encroachment
into the front yard setback to allow a previously constructed 192 square foot garden
platform/view area that is up to 40 inches in height and encroaches up to 43 feet
into the 50 foot front yard setback at the northwest corner of the lot to remain. 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 irregular in shape
and the previously constructed illegal garden platform/view area is located on a flat
area at the front of the lot. The garden platform/view area does not disturb the
development pattern on the lot and it is obscured from view by vegetation.
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. A substantial portion of the lot will
remain undeveloped. In addition, the garden platform/view area, as conditioned,
will be screened with vegetation so as not to be visible from Crest Road, Portuguese
Bend Road and surrounding properties.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 586 to authorize the retention of
an encroachment into the front yard setback to authorize a previously constructed
illegal garden platform/view area to that encroaches a maximum of forty-three (43)
feet into the fifty (50) foot front yard setback as indicated on the development plan
submitted with this application and incorporated herein by reference as Exhibit A,
dated October 5, 1998, and is subject to the following conditions:
RESOLUTION NO. 98-23
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411)
99 0616060
A. The Variance approval 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 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 Building and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise approved by Variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A dated October 5, 1998, except as otherwise
provided in these conditions.
E. The garden platform/view area shall not exceed 192 square feet.
F. The garden platform/view area shall not exceed 40 inches in height.
G. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
H. Landscape screening that incorporates drought -resistant native plants.
shall be planted and maintained to obscure the garden platform/view area from
Crest Road and Portuguese Bend Road.
I. A plan that conforms to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department
staff for their review prior to the submittal of an applicable site drainage plan to the
County of Los Angeles for plan check.
j. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
K. The working drawings submitted to the County Department of
Building and Safety for site drainage plan review and building permits must
conform to the development plan described at the beginning of this section (Section
7).
L. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance approval pursuant to Section 17.38.060, or the approval shall not be
effective.
RESOLUTION NO. 98-23
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99 0616060
M. All conditions of this Variance approval must be complied with prior
to approval of the site drainage plan by the County of Los Angeles.
PASSED, APPROVED AND ADOPTED ON THE 15TH DAY OF DECEMBER, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN CERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 98-23 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE . CITY
OF ROLLING HILLS APPROVING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK FOR A PREVIOUSLY
ILLEGALLY CONSTRUCTED GARDEN PLATFORM/VIEW AREA IN
ZONING CASE NO. 586.
was approved and adopted at a regular meeting of the Planning Commission on
December 15, 1998 by the following roll call vote:
AYES: Commissioners Hankins, Witte and Chairman Roberts.
NOES: Commissioners Sommer and Margeta.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices
N
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 98-23
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99 0616060
RECORDING REQUESTED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
The Registrar -Recorder's Office requires that the form be notarized before recordation.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
ZONING CASE NO. 586
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I (We) the undersigned state:
I am (We are) the owner(s) of the real property described as follows:
1 CREST ROAD EAST (LOT 1-FT), ROLLING HILLS, CA
This property is the subject of the above numbered case.
I am (We are) aware of, and accept, all the stated conditions in said
ZONING CASE NO. 586 SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
(We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
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Signature
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JLr&ENT is gi.rzAQeTt( C • Al fr4L/S
Name typed or printe Name typed or printed
/ C�E3T LOAD EAS? 1 CILFST f QAb EAST
A dress Atidress
oLL►,1G NILLs z CA 90A7L{ fAuLta G I(rt.43 I e0: goa7c/
City/State
City/State
Signatures must be acknowledged by a notary oublic.
State of California )
County of xtesitralge.) On (1i�,�� as, 1999 before me, 2 ANDn.r rn . ,( ew30 i,1 Mr -Prat Pu
personally appeared
personally known to me ( ) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that ba/si}e/they executed the same in his/.ber/their
authorized capacity(ies) and that by h.isLi r/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
64:1 b, Sandra M. Benson
V�,,,'.,� Comm. #1149975 rA
O t.FZ; eo OTARY PUBLIC CALIFORNIA�
2 !4 9` ORANGE COUNTY l)
r v � Z Comm Exp. Aug. 23, 2001 i
Witness by hand and gf#jcial seal.
Signature o Notary
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF