350, Construct an addition for new , Resolutions & Approval ConditionsBEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
In the Matter of the Application )
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of )
Zoning Case No. 350
Mr. & Mrs. .Robert Modzeleski )
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Lot 247-6-MS )
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FINDINGS AND REPORT
The application of Mr. & Mrs. Robert Modzeleski, Lot 247-6-MS,
Rolling Hills Tract, for a Variance under Section 17.32.010 of the
City of Rolling Hills Municipal Code, came for hearing, on the 17th
day of November 1987, and the 15th day of December 1987 in the
Council Chambers of the Administration Building, 2 Portuguese Bend
Road, Rolling Hills, California. The Planning Commission, after
being properly advised, now makes its Findings and Report as required
by the Municipal Code of the City of Rolling Hills, California.
I.
The Commission finds that the applicants, Mr. & Mrs. Robert
Modzeleski, are the owners of that certain real property described as
Lot 247-6-MS, located at 20 Buggywhip Drive in the City of Rolling
Hills, and that notice of the public hearing in connection with said
application was given as required by Section 17.32.080 of the
Municipal Code of the City of Rolling Hills, California. The
Commission finds, further, that no comment, written or verbal, was
received in opposition to the request.
II.
The Commission finds that the applicants have requested a
Variance from Section 17.16.060 front yard setback requirement. The
property is a lot of 2.22 net acres (91,118 sq. ft.) in size, which
is located in the RAS - 2 zone (87,120 sq. ft.). The lot has a
non -conforming front yard setback of 35'.0". The applicants have
requested a 4'.0" foot encroachment into the
non -conforming minimum front yard setback. The non -conforming front
yard setback is 35'.0" feet in the area of requested encroachment.
The encroachment of 4'.0" into the front yard setback would result in
a minimum front yard setback of 31'.0". The applicants indicate that
the 538 sq. ft. addition to the existing residence, is most logically
expanded within the established building pad area. Therefore, the
applicants request the granting of the Variance so that they may have
the same rights to property as others in the same vicinity and zone,
which would otherwise be denied if they were not able to fully
utilize the existing building pad area. The Commission finds that
there are significant topographical and physical conditions which
exist on the property, which impinge upon the applicants' ability to
fully utilize their property, without damaging the environment. The
Commission finds that a Variance should be granted in order to
preserve substantial property rights in the same vicinity and zone,
and that the granting of such Variance would not be materially
detrimental to the public welfare, nor injurious to property in the
same vicinity and zone.
III.
From the foregoing, it is concluded that a Variance should be
granted to Mr. & Mrs. Robert Modzeleski, Lot 247-6-MS, 20 Buggywhip
Drive, under Section 17.32.010 of the City of Rolling Hills Municipal
Code for a Variance from Section 17.16.060 front yard setback
requirements subject to the following conditions: 1) The front yard
encroachment into the minimum front yard setback, on the north side
of property, not extend beyond 31.0 feet; 2) The landscaping plan
be approved by the City; and, a bond in the amount of estimate for
the cost of landscaping, plus 15%, be posted
after landscape installation, for not less than two years. 3) This
project is categorically exempt under the California Environmental
Quality Act. It is, therefore, so ordered.
/S/ Allan Roberts
Chairman, Planning Commission
/S/ Terrence L. Belanger
Secretary, Planning Commission