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785, Construct a stable in front ya, Resolutions & Approval Conditions• RECORDING REQUESTED BY ANC MAIL TO: CITY OF ROLLING HILLS PLANNING DEPARTMENT 2 PORTUGUESE BEND RD. ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX G91,14:201 I I *20101290995* is RECORDER'S USE ONLY 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. 785 VARIANCE XX §§ I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 67 EASTFIELD DRIVE, ROLLING HILLS, (LOT 20-EF CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said VARIANCE XX ZONING CASE NO. 785 I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature �. MI041EL C . 82fQNDi'tEV f . Name typed or printed 6)1 GSTFI ti3O 7)R Signature Name typed or printed A ress Address ou wi6 HlLLs, go Z9� City/State City/State • Signatures must be acknowledged by a notary public. See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2010-10 State of California ) County of Los Angeles ) On 46Laii 2712-8/O before me, Personally appeared 1 (..kna. L- • T%4(4Aci M P-4 who proved to me on the basis of satisfactory evidence to be the personas) whose name0)6.a' e/scribed to the within instrument and acknowled•e• to me that/ ice/ executed the same in k/t`rir authorized capacity(W) and that by ZIP. he /.t it signatureY4 on the instrument the persorf f, or the entity upon behalf of which the persor'J acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS by hand and official seal. Signature of Notary6 C-• (AT-e/A ( Seal) DoaolhY C. GEORGSTCCEr Commission 0 1751120 Notary Public - CaJItarfta j Loa Angelo* County • agrTwtHDO attcitol Vtato►4 ytnua0 tedegnA soJ RESOLUTION NO. 2010-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD SETBACK IN ZONING CASE NO. 785, AT 67 EASTFIELD DRIVE, (LOT 20-EF), (BRANDMEYER). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). 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. and Mrs. Michael Brandmeyer with respect to real property located at 67 Eastfield Drive (Lot 20- EF), Rolling Hills, CA requesting a Variance to permit to set aside an area for a future stable and corral in the front yard setback. Section 2. The Planning Commission conducted duly noticed public hearing to consider the application at a field trip on June 14, 2010. The applicants and neighbors within 1,000-foot radius of subject property were notified of the public hearing in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff, and the Planning Commission having reviewed, analyzed and studied said proposal. No public comments were received at the meeting or in writing to staff or the Planning Commission. Section 3. The property is developed with a 2,648 square foot residence with 451 square foot attached garage, 189 covered porch, service yard and 542 square foot raised deck. The applicants are planning to construct less than 800 square foot swimming pool and less than 1,000 square foot addition. Both projects require administrative approval only, (over-the-counter). Section 4. Pursuant to the Rolling Hills Municipal Code, in order to construct a swimming pool or an addition to a residence a stable and corral must either be constructed or an area set aside for a future stable and corral. Section 5. The configuration of the lot and location of the existing residence on the lot is such that there is not a sufficient area in the rear of the residence to construct a stable and corral on the existing building pad, which would meet the size and distance requirement (35 feet from a residential structure). The lot behind the building pad slopes significantly towards the rear at 2:1 and greater slopes. Such slopes are problematic for construction of stable and corral. Therefore, the applicants requested that an area be set -aside in the front of the residence. Section 6. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act. Reso. 2010-10 67 Eastfield 1 Section 7. 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 that the front yard setback be fifty (50) feet from the roadway easement line, and be unobstructed from the ground upwards. In order to set aside a 1000 square foot area for a future stable and corral in the front setback, the applicants are seeking a Variance. 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 this property that justify the request: 1. The existing residence has been developed towards the rear of the lot to garner the extraordinary views from the rear of the lot. The applicants are not proposing major changes to the existing residence, other than a small addition. There is not an adequate area in the rear of the residence on the existing building pad to construct a future stable and corral without impairing the view. 2. The lot was graded previously to create a pad for construction in a manner that the structure was placed towards the rear of the building pad. The topography of the lot together with the fact that the existing pad and residence are located in the rear create difficulty in setting aside the area for a future stable and corral elsewhere on the property. 3. The configuration of the lot and location of the existing residence on the lot is such that there is not a sufficient area in the rear of the residence to construct a stable and corral on the existing building pad, which would meet the size and distance requirement (35 feet from a residential structure). The lot behind the building pad slopes significantly towards the rear at 2:1 and greater slopes. Such slopes are problematic for construction of stable and corral. 4. The property is zoned RAS-1 and the gross lot area is 1.29 acres, (excluding roadway easement). The net lot area, as calculated for development purposes, is 41,239 square feet (0.95 acres). The lot has a narrow frontage along Eastfield Drive (140 feet) and is over 423 feet long. The front of the property, for about the first 210 feet distance from the roadway easement line, is relatively flat after which it significantly slopes towards a canyon. It is in the rear of the flat portion that the residence is located. 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 due to the existing grade, narrow lot configuration it would be a hardship to located the stable in the rear yard. The expansive open space in the front yard comfortably supports future stable. The narrow nature of the property places a hardship on locating the stable in the side or rear areas. Further, due to the steepness of the slope behind the residential building pad it would be infeasible to construct a stable in the rear. Without the Variance, the applicants would not be able to construct a pool and small addition, and therefore their property right or enjoyment of the Reso. 2010-10 67 Eastfield 2 • • property would be affected. The property is developed with a 2,648 square foot residence with 451 square foot attached garage, which are relatively small as compared to other similar homes in the area and the future addition would not make the lot look overbuilt or out of character with the neighborhood. The area of the proposed pool is not feasible for the set aside for a stable and corral, as it would be too close to the residence. 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 a stable, if ever built in the front setback, would not affect any neighbor's views and therefore property value and would be screened from the street. D. In granting of the Variance the spirit and intent of .the Zoning Ordinance will be observed in that it is required by the Zoning Ordinance to set aside an area for a stable and corral in order to improve the property, in this case the front yard set aside area is suitable area for a future stable and corral. E. The Variance request is consistent with the General Plan of the City of Rolling Hills because the proposed structures comply with the General Plan requirement of low profile, low -density residential development with sufficient open space between surrounding structures and a set aside area for a future stable and corral. Section 8. Based upon the foregoing findings in Section 7, the Planning Commission hereby approves the Variance in Zoning Case No. 785 to set aside an area for a future stable and corral in the front yard setback, subject to the following conditions: A. The set aside area in the front setback does not preclude another party from applying to the Planning Commission for an alternate location of a stable and corral. B. The property on which the project is located contains a set aside area for a future stable and corral in the front yard. However, the Planning Commission shall review any proposed development in the future for a stable and corral. The Variance granted in this application for front yard setback set aside area for equestrian uses does not guarantee future approval in that location. C. It is declared and made a condition of the approval, that if any conditions thereof are violated, this approval shall be suspended and the privileges granted hereunder shall lapse; provided that the applicants have been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. Reso. 2010-10 67 Eastfield 3 • • D. 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 set forth in this approval, or shown otherwise on an approved plan. E. All administrative approvals, permitted pursuant to Chapter 17.44. ZONE CLEARANCE, for a swimming pool, addition and other construction, shall be subject to the project meeting all Zoning Code requirements for coverage and all other development standards and the L.A. County Building Code standards. F. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6 PASSED, APPROVED AND ADOPTED THIS 20th DAY OF JULY 2010. LOREN DEROY, ATRPERSON ATTEST: i? HE CE, r EPUTTCITY CLERK Reso. 2010-10 67 Eastfield 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Resolution No. 2010-10 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL FOR A VARIANCE TO SET ASIDE AN AREA FOR A FUTURE STABLE AND CORRAL IN THE FRONT YARD SETBACK IN ZONING CASE NO. 785, AT 67 EASTFIELD DRIVE, (LOT 20-EF), (BRANDMEYER). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). was approved and adopted at a regular meeting of the Planning Commission on July 20, 2010 by the following roll call vote: AYES: Commissioners Chelf, Henke, Pieper, Vice Chairperson Smith and Chairperson DeRoy. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. CITY CLERK Reso. 2010-10 67 Eastfield 5 This is a true and certified copy of the record if it bears the seal, imprinted in purple ink, of the Registrar-Recorder/County C!erk SEP 14 2010 a6VAC Los,ff!ofe4, itrARTECORBOWYCON Po.= COUN1Y. CALIFORNIA