419, Expand existing SFR constructi, Resolutions & Approval Conditions• •
RESOLUTION NO. 90-6
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS DENYING A
VARIANCE TO THE REAR YARD SETBACK IN ZONING CASE NO. 419
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.
William Martin with respect to real property located at 17 Caballeros
Road, Rolling Hills (Lot 20-SK) requesting a variance to encroach
into the rear yard setback to construct a 237 square foot addition to
the nonconforming residence, and to construct a retaining wall within
the rear yard setback.
Section 2. The Planning Commission conducted a duly
noticed, public hearing to consider the application on February 20,
1990 and March 20, 1990 and conducted field site review on March 17,
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 the
property to the same extent enjoyed by similar properties. Section
17.16.080 requires a rear yard of not less than 50 feet.
Section 4. The Planning Commission makes the
following findings:
A. The existing residence already encroaches 20
feet into the rear yard setback. The proposed
residential addition would extend an additional
seven (7') feet into the setback for a total
encroachment of 27 feet. The proposed retaining
wall would encroach 30 feet into the rear yard
setback, thereby having a setback of 20 feet.
B. There are no exceptional or extraordinary
circumstances or 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 vicinity and zone because the
existing development on the site has a 3,891
square foot residence that can be expanded to
areas that will comply with setbacks prescribed
by the Zoning Ordinance. A residence developed
closer to the rear property line would not be
compatible with the developmental pattern of
surrounding properties.
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C. The variance is not 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 a
residential structure closer to the rear
property line is not consistent with abutting
properties that comply with the required 50-foot
rear yard setback.
D. The granting of the variance would be materially
detrimental to the public welfare and injurious
to the property or improvements in such vicinity
of the zone in which the property is located
because the proposed project would result in
residential development too close to the
property line.
Section 5. Based on the foregoing findings, the
Planning Commission hereby denies the Variance for Zoning Case No.
419 to permit an encroachment into the rear yard setback, as
indicated in the development plan submitted with this application and
incorporated herein by reference as Exhibit A.
PASSED, APPROVED AND ADOPTED this
of March, 1990 1990.
ATTEST:
City Clerk
20th
Chairman
day