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124, Construct a stable in front ya, Resolutions & Approval ConditionsWhen recorded, mail to: ALEF AND SCHNITZER A Professional Law Corporation 10889 Wilshire Boulevard Los Angeles, California 90024 44` • 1. sKD5859Pc78 I. RECORDED IN OFFICIAL RECORS OF LOS ANGELES COUNTY, CALIF. 27 P si 4 P.M. MAY 4 1973 Registrar•Recorder MODIFICATION OF EAMENENT ND—00VLNAN'1'S RUNNING WITH THE LAND . The easement agreement dated January 25, 1971, recorded February 2, 1971 and as amended by instrument recorded December 29, 1972, both in the office of the Los Angeles County Recorder, is hereby amended as follows: Paragraph 1 of the agreement dated January 25, 1971 is amended by the deletion of the word "exclusive". The easement shall be used by the holder of the servient tenement as well as the dominant tenement and is hereby declared to be non- exclusive. No structures shall be built on the area covered by the easement. The right to the use of the easement shall be equal as between the owners of the dominant and servient tenements which are parcels described in Exhibits A and B to the Amendment dated December 29, 1972. The real property which is the subject of this modifi- cation is described in the Amendment, recorded on December 29, 1972 as Instrument number 9045 in the Office of the Los Angeles County Recorder. Dated May 1, 1973. 7134,17C (Individual) STATE OF CALIFORNIA 'COUNTY OF Los Angeles On May 1, ' 1973 State, personally appeared } SS. /7 t/cA4 dward L'. Pearson before me. the undersigned. a Notary Public in and for said Edward L. Pearson to be the person whose name is to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal Signature Alma C. Clifton Name (Typed,or Printed) subscribed he , known to Inc Ul i'!C1AL SEAL ;•.L.'.'.. C. CL!FTC N PiOT/t'o =u!it.IC•cat iF.'.) NIA ��•- �%� LC.fi i FLU.; CL"Ji•ifY ? Cynlu,siaaEx;,ires1.1973 2 Portuzuese Bead n""rya t. Cuffing 11!1 :. r,11j1. May 1, 1973 ZONING CASE NO. 124, Stable in Front Yard ZONING CASE NO. 125, Tennis Court in Side Yard 1850 S. D. WEIMAN, Lot 174C-MS The =Chairman--re-opened=-the=hearing -on -applications by =Mr. - S. D. - Weiman for conditional use permits to construct a stable in the front yard and a tennis court in the side yard of Lot 174C-MS, held over from the meeting of April 17th. Chairman Pernell advised the Commission that he had received a legal opinion on the matter from the City Attorney, as requested, and Mr. Kinley had stated that a legal document entitled "Easement Agree- ment and Covenants Running with the Land" dated January 25, 1971, executed by Edward L. Pearson burdens land owned by S. D. Weiman, ap- plicant, and conveys to Mr. Pearson an exclusive easement for the use of real property described therein by Mr. Pearson, his successors, his immediate family and guests. Provisions of Ordinance No. 33, Section 5.04 had been violated by the Agreement, and Mr. Kinley recom- mended that steps be taken by the owner of the easement to restore the Applicant's lot to its original configuration without the burden of the riding ring easement before any permit should be granted for construction of the improvements planned. Edward L. Pearson, 1 Johns Canyon Road, advised the Commission that he was the original owner of Lot 174C-MS, consisting of 4+ acres, which he subdivided into two parcels approximately eleven years ago. Three years later he developed a riding ring on the parcel now owned by Mr. Weiman, and for many years it was used by residents throughout the City, and Mr. Pearson assumed all obligations of maintenance, insurance, etc. Approximately three years ago he sold the parcel to a Mr. Howard Meister, who planned to construct a home in the area oc- cupied by the -riding facilities. After discussing the matter with Mr. Meister, it was agreed that a portion at the rear of Mr. Meister's lot would be reserved for a ring for use of the Meister and Pearson families, with a stipulation that a stable could not be constructed in the area because of the proximity of other homes in the area which would be adversely affectedby astable. When the property was sold to Mr. Meister the transfer included two agreements, one in favor of Mr. Pearson, his successors, his immediate family and guests, and one in favor of Mr. Meister, his successors, his immediate family and guests, giving both equal easement over the land which was to be de- veloped as a riding ring. In the subsequent sale of the property by Mr. Meister to Mr. Weiman, Mr..Meister's easement was not transferred to the new owner. Mr. Pearson stated that it was his wish to have his easement agreement amended- to a non-exclusive easement giving Mr. Wei - man full control over the entire parcel, but he wished the restriction on construction of a stable in the area to remain. Mr. Weiman stated that he was agreeable to the amendment, and requested that Mr. Arthur Alef, his attorney, draw up an amendment satisfactory to him, to Mr. Pearson, the City Attorney and the Plan- ning Commission. Mr. Kinley advised that such an agreement could be drawn, and Chairman Pernell recessed the meeting at 9:15 P.M. so that Mr. Alef could prepare the amendment to the Agreement. •9:30 P.M. - Meeting re -convened Chairman Pernell re -convened the meeting, and Mr. Alef presented the amendment of the Agreement to the City Attorney and Mr. Pearson. The amendment was acceptable to Mr. Kinley, and Mr. Pearson executed the document, which was then notarized and given to Mr. Alef for record- ation. Mr. Kinley advised. the. Commission that the non-exclusive ease- ment•to Mr. Pearson was not in violation of the Zoning Ordinance, and that Mr. S. D. Weiman is the owner of 2.079 acres gross,. 'Chairman'Per- nell then directed that discussion be resumed. -2- May 1, 1973. Mrs. Clifton advised that during a review of the re -numbering of Johns Canyon Road she had contacted the Post Office about the possibility of assigning a Johns Canyon Road address for the Weiman property, as the driveway would be on Johns Canyon Road rather than on Crest Road. The Postmaster said it would be confusing to have the entrance on one street and the address on another, and recommen- ded that . the matterbe. resolved. ---In the event that_ the address was changed, the Manager said a variance would not be required, because the stable would be in the side yard, rather than in the front yard. The Manager stated that no contact was made by any resident in the area who had been advised of the applications, expressing either opposition to or approval of the request for the stable or tennis court. Chairman Pernell saidthat until action was taken to change the frontage of the parcel the Planning Commissionwould consider the applications for conditional use permits as submitted. In discussing the matter Commissioner Johnston stated that in Ordinance No. 113 CREATING A PLANNING COMMISSION AND IMPOSING AND SPECIFYING CERTAIN DUTIES THEREON, Paragraph #3 charges the Commis- sion with "granting of variances and conditional use permits shall. be carefully scrutinized to prevent overconstruction of the lot or parcel to be improved", and said that although the Architec- tural Committee had approved construction of structures as submitted, it was his opinion that if conditional use permits were granted as requested, the parcel would be over -developed, because the acreage of the parcel less easements is approximately 1.4 acres in a 2 acre zone. The house, tennis court and stable as planned would occupy 14,000 square feet of the approximately 59,000 square feet available, and the additiona of a swimming pool and paved driveway with turning area would occupy add;itonal area. Commissioner Saffo said she agreed that the parcel as shown would be over -developed, and said she was in opposition to approval. Commissioner Morse said he had an objec- tion to stable in a front or side yard, and felt that a stable in the front yard on Crest Road or in the side yard on Johns Canyon Road would be objectionable. Mr. Weiman advised the Commission that in planning for develop- ment of the parcel he had attempted to 'comply with the requirements of the Rolling Hills Community Association Building Regulations, which state on page 8 that "Each new site plan shall provide ade- quate space and location for a stable capable of accommodating feed, tack and stall for at least: one horse", and further, on page 5, "All buildings, including accessory buildings, shall not cover more than 25% of the area of the entire lot, exclusive of easements"; however, the definition of accessory buildings does not include a tennis court. In view of the concerns expressed by the Planning Commission members, Mr. Weiman advised that he wished to withdraw his applicaton for the stable, and wished the Commission to consider only his application for a variance of 2 1/2 feet in the side yard for construction of a tennis court. . Mr. Pearson said that as a neighbor, he wished to state again that the plan for development of the property as submitted is a con- tribution to the entire neighborhood, he felt..that Mr. Weiman had done an excellent job of planning, and he did not consider it over- building of the site. The parcel is one of the most usable parcels .in the City, Mr. Pearson said, and could accommodate everything Mr. Weiman planned, and he complimented Mr. Weiman on his approach and conformation to requirements. of the City and Association, while maintaining the Rolling Hills atmosphere. The Chairman thereafter closed the Public Hearing. Commissioner Morse moved that a conditional use permit be approved for a variance of 2 1/2 feet in the side yard be granted -3- • May 1, 1973 to Mr. Weiman under Article III, Section 3.07 of Ordinance No. 33. The motion was seconded by Commissioner Field and carried by the following roll call vote: AYES: Commissioners Field, Morse,Chairman Pernell NOES: Commissioners Johnston, Saffo ABSENT:. None The Manager advised Mr. Weiman that the matter would be on the agenda of the Board of Directors of the Rolling Hills Community Association meeting on Thursday, May 3, 1973 at 7:00 A.M. ADJOURNMENT There being no further business to come before the meeting, the Chairman adjourned the session at 10:30 P.M. to Tuesday, May 8, 1973 at 7:00 A.M. to consider the General Plan. APPROVED: Chairman -4- City Clerk