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509, Construct a new garage with en, Resolutions & Approval ConditionsRESOLUTION NO. 94-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT AN ADDITIONAL ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT THE SAME ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND GRANTING PERMISSION TO MODIFY THE EXISTING DRIVEWAY IN ZONING CASE NO.509. 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. and Mrs. Mansoor Mirsaidi with respect to real property located at 1 Maverick Lane, Rolling Hills (Lot 31-SK) requesting a Variance to encroach into the front yard setback to construct an additional attached single car garage space, requesting a Variance to encroach into the south side yard setback to construct the same attached single car garage space, requesting a Variance to encroach into the north side yard setback to construct a room addition, and a request to modify the existing driveway and parking area at an existing single family residence. Section 2. In 1989, a Variance was granted to construct residential room additions 5 feet into the north side yard setback and a Variance was denied to encroach 30 feet into the front yard setback for 242 square feet of additional garage space. The Variance that was granted to construct residential room additions into the north side yard setback expired. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application on March 15, 1994, April 18, 1994, and May 17, 1994, and at a field trip visit on April 9, 1994. Section 4. 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 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 to be fifty RESOLUTION NO. 94-13 PAGE 2 (50) feet. The applicant is requesting to construct an attached 242 square foot single car garage space, which will encroach a maximum of eighteen (18) feet into the fifty (50) foot 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 on 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 there will not be any greater incursion into the front 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of additional garage space into the front yard setback, to a maximum encroachment of eighteen (18) feet into the 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 13 of this Resolution. Section 7. Section 17.16.120(B)(1) requires a side yard of 35 feet in the RA- S-2 residential zone. The applicant is requesting to construct an attached 242 square foot single car garage which will encroach a maximum of nine (9) feet into the thirty-five (35) foot south side 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 on 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 RESOLUTION NO. 94-13 PAGE 3 by allowing incursion into the angular side yard 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of 242 square feet of additional garage space into the south side yard setback with a maximum encroachment of nine (9) feet into the thirty-five foot (35') side 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 13 of this Resolution. Section 9. Section 17.16.120(B)(1) requires a side yard of 35 feet in the RA- S-2 residential zone. The applicant is requesting to construct 490 square feet of room additions that will encroach a maximum of one (1) foot into the thirty-five (35) foot north side 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 on 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 because by allowing incursion into the angular side yard the addition follows the existing side wall of the residence and there will not be any greater incursion into the side yard setback. 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. Development on the pad will allow a substantial portion of the lot to remain undeveloped. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 509 to permit the encroachment of 490 square feet of room additions into the north side yard setback with a maximum encroachment of one (1) foot into the thirty-five foot (35') side yard setback, as indicated on the development plan submitted with this application and RESOLUTION NO. 94-13 PAGE 4 incorporated herein by reference as Exhibit A, subject to the conditions specified in Section 13 of this Resolution. Section 11. Section 17.16.160(A)(2) requires that driveways be no wider than 20 feet, unless otherwise approved by the Planning Commission. The applicant is requesting a driveway width of up to a maximum of 24 feet. With respect to the request for a driveway modification, the Planning Commission makes the following findings of fact: A. The proposed driveway was reviewed and recommended for approval by the Traffic Commission. B. The proposed driveway will include hedge landscaping that will not be taller than two (2) feet in height for a distance of 10 feet on the southerly border of the driveway. C. The proposed driveway will be a maximum of 24 feet wide but, the applicant is allowed the discretion to reduce the width to a minimum of 20 feet. Section 12. Based upon the foregoing findings, the Planning Commission hereby approves a modification to the driveway to permit a width of a minimum of 20 feet and a maximum of 24 feet 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 13 of this Resolution. Section 13. The Variance to the front yard setback approved in Section 6, the Variance to the side yard setback approved in Section 8, the Variance to the side yard setback approved in Section 10, and the approval for a driveway modification approved in Section 12 of this Resolution are subject to the following conditions: A. The Variance and driveway modification 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 and driveway widening 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. RESOLUTION NO. 94-13 PAGE 5 D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated February 8, 1994 and marked Exhibit A, except as otherwise provided in these conditions. E. The proposed driveway shall include hedge landscaping that will not be taller than two (2) feet in height for a distance of 10 feet on the southerly border of the driveway. F. The proposed driveway shall be a maximum of 24 feet wide but, the applicant is allowed the discretion to reduce the width to a minimum of 20 feet. G. The parking area at the southern side of the proposed garage and all astroturf shall be removed to the satisfaction of the Rolling Hills Community Association Architectural Review Committee. 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. 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 shall not exceed a steepness of a 2 to 1 slope ratio. J. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance and driveway modification approvals, or the approvals shall not be effective. K. All conditions of these Variance and driveway modification approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. ATTEST: PASSED, APPROVED and ADOP D thiy June 1994. ALLAN ROBE TS, CHAIRMAN MARILYN I ERN, DEPUTY CITY CLERK RESOLUTION NO. 94-13 PAGE 6 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) ) SS I certify that the foregoing Resolution No. 94-13 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE FRONT YARD SETBACK TO CONSTRUCT AN ADDITIONAL ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE SOUTH SIDE YARD SETBACK TO CONSTRUCT THE SAME ATTACHED SINGLE CAR GARAGE SPACE, GRANTING A VARIANCE TO ENCROACH INTO THE NORTH SIDE YARD SETBACK TO CONSTRUCT A ROOM ADDITION, AND GRANTING PERMISSION TO MODIFY THE EXISTING DRIVEWAY IN ZONING CASE NO.509. was approved and adopted at a regular meeting of the Planning Commission on June 21, 1994 by the following roll call vote: AYES: NOES: Commissioners Frost, Hankins, Raine and Chairman Roberts None ABSENT: None ABSTAIN: None and in compliance with the laws of California was posted at the following: Administrative Offices.