441, "Allowing SFR ""As Built"" sin, Resolutions & Approval Conditions91 162337
NOV 19 1991
RECOyRDIvNtboi3 t QED BY AND MAIL TO:
CITY OF ROLLING HILLS
2 PORTUGUESE BEND ROAD
ROLLING HILLS, CA 90274
rac
RECORDED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
31 MIN' 10 A.M.00T 15 1991
PAST.
Please record this form with the Registrar -Recorder's Office and
return to: City of Rolling Hills, 2 Portuguese Bend Road
Rolling Hills, CA 90274
(The Registrar -Recorder's Office requires that the form be
notarized before recordation).
ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
ZONING CASE NO./
I (We) the undersigned state:
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
I am (We are) the owner(s) of the real property described
follows: /� 7 a ,c Li e
/ Al ru 7/:/s CI 90274
This property is the subject of the abovA numbe Ted cases.
I am (We are) aware of, and accept, all the stated conditions
said
ZONING CASE NO.
SITE PLAN REVIEW
VARIANCE
CONDITIONAL USE PERMIT
X
1FEE$14 SI
� 4
as
in
I (We) certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Print Print
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must be acknowledged by a notary public.
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+il On this the/6f-day of e•e& 19g( , before me,
State of
County of
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SS.
OFFICIAL SEAL '
JOYCE F. LIU
Notary Pubfc-California '
LOS ANGELES COUN1Y '
My Commission Expires
February 16, 1995 ,
the undersigned Notary Public, personally appeared
• 5,216/S068:7- df/ti) z4:04 542/4.84ry
❑ personally known to me •
proved to me on the basis of satisfactory vidence
to tfe the person(s) whose name(s) subscribed to the
within instrument, and acknowledged that executed it.
/WIfRESS my handy official seal.
•
See Exhibit 'A' attached hereto and made a part hereof,
•
•<HBIT "A"
.1n
BY.
CATF•
RESOLUTION NO. 90-41
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A RESOLUTION OF THE PUNNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO THE FRONT YARD AND
SIDE YARD SETBACKS IN ZONING CASE NO. 441
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application vas duly filed by
Michael Salisbury with respect to real property
Maverick Lane, Rolling Hills (Lot 25-SK) requesting
the front yard and side yard setback requirements
additions to the existing nonconforming residential
Mr. and Mrs.
located at 6
a Variance to
to construct
structure.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application on October 16, 1990 and
November 20, 1990; and conducted a field Site Plan Review on
November 3, 1990.
Section 3. Sections 17.32.010 through 17.32.030 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. Section 17.16.060 requires a front yard setback for
every residential parcel to be fifty (50) feet. Section 17.16.070
(A) requires a side yard setback in the RAS-1 zone to be twenty
(20) feet. Pursuant to these Sections, the Planning Commission
finds that:
A. There are exceptional or Extraordinary circumstances or
conditions applicable to the property or to the intended uses
that do not apply generally to the other property or class of
use in the same vicinity and zone because there exists
topographical constraints that justify the continued
encroachment since the existing nonconforming residential
structure cannot be significantly expanded into the rear yard
due to the current developmental pattern of the site.
Further, the lot is generally at a lower elevation then the
roadway and surrounding properties, thereby impacts are
minimal.
Resolution No: 90-41
Page No. 1
91-16233`71
3
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 because other nonconforming
residences with reduced front yard and side yard setbacks
exist in the immediate area.
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 because the proposed project will be
compatible with surrounding properties, since the proposed
expansion of the residence would result in no significantly
greater incursion into the front yard and side yard setbacks
than the existing incursions.
Section 4. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance for Zoning Case No. 441 to
permit encroachment of residential additions into the front yard no
further than the existing encroachment which is fourteen feet from
the road easement, and an encroachment of two feet into the
existing twenty foot side yard setbacks, as indicated on the
development plan submitted with this application and incorporated
herein by reference as Exhibit A, subject to the following
conditions:
A. The Variance to the side yard and front yard setbacks as
indicated on the development plan shall not be effective
if the existing residential structure is demolished.
B. The Variance approvals shall expire if not used in one
year from the effective date of approval as defined and
specified in Section 17.32.10 of the Municipal Code.
C. The proposed building plan must be approved by the
Rolling Hills Community Association Architectural
Committee before the applicant receives a Building or
Grading Permit from the County of Los Angeles.
D. The existing landscaping on the property between the
residence and the road shall, to the maximum extent
feasible, be maintained and restored so as to provide
screening of the residence.
E. The working drawings submitted to the County Department
of Building and Safety for plan check must conform to the
development plan approved with this Variance.
F. Any modifications to the development plan approved by the
Resolution No: 90-41
Page No. 2
91-16233'71
410
r
•
Planning Commission shall require the filing of an
application for modification of the Variance and must be
reviewed and approved by the Planning Commission.
F. The applicant shall execute an Affidavit of Acceptance of
all conditions pursuant to Section 17.32.087 or Variance
approval shall not be effective.
PASSED AND APPROVED, this 8th day of De tuber, 1990.
ATTEST:
Depuiy LI cu., %-ok .127--
City Clerk
Resolution No: 90-41
Page No. 3
Allan Roberts, Chairman
91-16233'71