500, "760 sq ft addition to existin, Resolutions & Approval ConditionsRESOLUTION NO. 93-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A
GYMNASIUM ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 500.
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Mr. and Mrs. Paul
Hennessey with respect to real property located at 12 Johns Canyon
Road, Rolling Hills (Lot 170-A-7-MS) requesting a Variance to permit an
encroachment into the front yard setback to construct a gymnasium
addition at an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application on June 15, 1993, July 20,
1993, and August 17, 1993, and at field trip visits on July 15, 1993
and 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 17.16.110 is
required to construct a gymnasium addition to the residence in the
fifty (50) foot front yard setback. The applicant is requesting a 760
square foot gymnasium addition that will encroach up to a maximum of
twenty-five (25) feet into the front yard setback. The Planning
Commission 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 was built at an angle within the front yard setback and
though building pad coverage will be 68.9%, the residence is adjoined
by gentle slopes which expand the openness of the building pad and give
the illusion of a much larger pad.
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 proposed addition will
be aligned with the corners of the garage and guest house which
encroach into the curved front yard setback. The proposed addition
protrudes seven feet beyond one corner of the existing garage and one
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RESOLUTION NO. 93-29
PAGE 2
foot beyond one corner of the existing guest house on this angular
corner lot. Also, the Variance will permit the development of the
property in a manner similar to development patterns on surrounding
properties.
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
because the residence is secluded by tall trees and landscaping.
Development on the pad will allow a substantial portion of the lot to
remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front yard
setback to permit an encroachment up to a maximum of 25 feet into the
front yard to construct a -gymnasium addition as indicated on the
Development Plan attached hereto as Exhibit A subject to the conditions
contained in Section 6.
Section 6. The Varianceto the front yard setback for the
encroachment of a gymnasium addition as approved in Section 4 is
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 0(A)(1)
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.
D. The lot shall be developed and maintained in substantial
conformance with the development plan on file marked Exhibit A except
as otherwise provided in these conditions. The proposed gymnasium
addition shall not encroach more than 25 feet into the front yard
setback.
E. Openness of the building pad described in Section 4.A shall
be maintained and coverage on the building pad shall not exceed 68.9%.
F. Existing landscaping located between the house and Johns
Canyon Road shall be preserved and maintained, to. the maximum extent
feasible.
RESOLUTION NO. 93-29
PAGE 3
G. Prior to the submittal of an applicable final grading
plan to the County of Los Angeles for plan check, a detailed
grading and drainage plan with related geology, soils and hydrology
reports that conform to the Development Plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of 2 to 1 slope
ratio.
H. 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.
I. 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.
J. Any modifications to the project which would constitute
a modification to the development plan as approved by the Planning
Commission shall require the filing of an application for
modification of the Zoning Case.
K. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.38.060,
or the approval shall not be effective.
L. 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 7TH DAY OF SEPTEMBER, 1993.
EVIE HANKINS, ACTING CHAIR
ATTEST:
K ..11vj
MARILYN KERN, DEPUTY CITY CLERK
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RESOLUTION NO. 93-29
PAGE 4
The foregoing Resolution No. 93-29 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT THE ENCROACHMENT OF A.
GYMNASIUM ADDITION INTO THE FRONT YARD SETBACK AT AN EXISTING
SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 500.
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