581, Variance for front yard encroa, Resolutions & Approval ConditionsRESOLUTION NO. 98-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A TRELLIS ATTACHED TO A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 581.
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. B. Alien Lay with
respect to real property located at 19 Caballeros Road (Lot 19-SK) requesting a
Variance to encroach into the front yard setback to construct a trellis over an existing
paved area and attached to an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on June 16, 1998 and July 21, 1998, and at a field
trip visit on July 13, 1998.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption [State CEQA Guidelines, Section 15303(e)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. 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 in the RA-
S Zone to be 50 feet from the front easement line. The applicant is requesting to
permit the construction of an attached trellis that will encroach up to 6 feet at its
base into the 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
irregular in shape and the building pad is located close to the street. The building
pad runs across the lot diagonally towards the front lot line making placement of
the attached trellis on the pad difficult. Because of the curve of the street, it is
exceptionally difficult to make trellis improvements to extend the existing roofline
at the southwest without encroachment.
r.
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 the development and use of the subject property in a manner consistent
with the shape of the lot and development of other property on this street justifies
this additional small incursion into the front 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. The proposed attached
trellis which is below the road will be screened from view by the existing hillside. In
addition, except for the trellis, a substantial portion of the lot will remain
undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 581 to permit the construction of
an 804 square foot trellis that will encroach up to 6 feet at its base 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 6 of this Resolution.
Section 6. The Variance to the front yard setback approved in Section 5 of
this Resolution is subject to the following conditions:
A. The Variance 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 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 o n
an approved plan.
D. The lot shall be developed and maintained in substantial
conformance with the site plan on file dated June 4, 1998 and marked Exhibit A,
except as otherwise provided in these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
RESOLUTION NO. 98-16
PAGE
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
I certify that the foregoing Resolution No. 98-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A TRELLIS AT A SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 581.
was approved and adopted at a regular meeting of the Planning Commission on July
21,1998 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
RESOLUTION NO. 98-16
PAGE 4
lac
ce.
DEPUTY CITY CLERK
r
F. The residential building pad coverage shall not exceed 40.9%.
G. Landscaping shall be provided and maintained to obscure the
trellis from the views of adjacent properties.
H. No grading shall take place on the construction site.
I. 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.
J. The applicants shall execute an Affidavit of Acceptance of all
conditions of these Variance approvals, or the approvals shall not be effective.
K. All conditions of this Variance approval must be complied with
prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN , DEPUTY CITY CLERK
RESOLUTION NO. 98-16
PAGE 3
RESOLUTION NO. 98-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A TRELLIS ATTACHED TO A SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 581.
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. B. Alien Lay with
respect to real property located at 19 Caballeros Road (Lot 19-SK) requesting a
Variance to encroach into the front yard setback to construct a trellis over an existing
paved area and attached to an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the applications on June 16, 1998 and July 21, 1998, and at a field
trip visit on July 13, 1998.
Section 3. The Planning Commission finds that the project qualifies as a
Class 3 Exemption [State CEQA Guidelines, Section 15303(e)] and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. 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 in the RA-
S Zone to be 50 feet from the front easement line. The applicant is requesting to
permit the construction of an attached trellis that will encroach up to 6 feet at its
base into the 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
irregular in shape and the building pad is located close to the street. The building
pad runs across the lot diagonally towards the front lot line making placement of
the attached trellis on the pad difficult. Because of the curve of the street, it is
exceptionally difficult to make trellis improvements to extend the existing roofline
at the southwest without encroachment.
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 the development and use of the subject property in a manner consistent
with the shape of the lot and development of other property on this street justifies
this additional small incursion into the front 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. The proposed attached
trellis which is below the road will be screened from view by the existing hillside. In
addition, except for the trellis, a substantial portion of the lot will remain
undeveloped.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 581 to permit the construction of
an 804 square foot trellis that will encroach up to 6 feet at its base 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 6 of this Resolution.
Section 6. The Variance to the front yard setback approved in Section 5 of
this Resolution is subject to the following conditions:
A. The Variance 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 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.
D. The lot shall be developed and maintained. in substantial
conformance with the site plan onfile dated June 4, 1998 and marked Exhibit A,
except as otherwise provided in these conditions.
E. The working drawings submitted to the County Department of
Building and Safety for plan check review must conform to the development plan
approved with this application.
RESOLUTION NO. 98-16
PAGE 2
F. The residential building pad coverage shall not exceed 40.9%.
G. Landscaping shall be provided and maintained to obscure the
trellis from the views of adjacent properties.
H. No grading shall take place on the construction site.
I. 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.
J. The applicants shall execute an Affidavit of Acceptance of all
conditions of these Variance approvals, or the approvals shall not be effective.
K. All conditions of this Variance approval must be complied with
prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21ST DAY OF JULY, 1998.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
rY J . kLJv
MARILYN KERN, DEPUTY CITY CLERK
RESOLUTION NO. 98-16
PAGE 3
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 98-16 entitled:
A RESOLUTION OF THE(PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE FRONT YARD SETBACK TO PERMIT THE
CONSTRUCTION OF A TRELLIS AT A SINGLE FAMILY RESIDENCE
IN ZONING CASE NO. 581.
was approved and adopted at a regular meeting of the Planning Commission on July.
21, 1998 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: . None.
ABSENT: None.
ABSTAIN: None .
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 98-16
PAGE 4
. l<
7\
E'xv;T '-.fir -4-- 1::. !r I ` `I \
,.1e;•.� .T i ,1 y `�., \ti
1.7y 4'iy_
:.:4,-4�
i
,C>
/ fir+ �•" ,J