446, Encroachment in the front and , Resolutions & Approval Conditions•
RESOLUTION NO. 91-8
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO THE FRONT AND SIDE
YARD SETBACKS IN ZONING CASE NO. 446.
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. Darryl
Snider with respect to real property located at 25 Buggy Whip
Drive, Rolling Hills (Lot 247-2-MS) requesting a Variance to the
front yard setback to permit a bay window and a Variance to the
front and side yard setbacks to construct a retaining wall and
service yard.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the applications for Variances on
February 19, 1991, March 19, 1991, and at a field trip visit on
March 9, 1991.
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 a
parcel of property to the same extent enjoyed by similar
properties. A Variance to Section 17.16.060 is required to
construct a bay window in the fifty (50) foot front yard setback.
The applicant is requesting to construct a bay window fourteen (14)
feet the front yard setback.
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing legal
nonconforming residence was built within the front yard setback
and the building pad is located close to the street and adjacent
residences.
B. This 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 there will'
not be any greater incursion into the setback than already exists.
C. The granting of this Variance will not be materially
detrimental to the public welfare or'injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped.
RESOLUTION NO. 91-8
PAGE 2
Section 4. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to add a bay window to a maximum of 14 feet as
indicated on the Development Plan attached hereto as Exhibit A
subject to the conditions contained in Section 10.
Section 5. A Variance to Section 17.16.060 and 17.28.022 is
required to construct a retaining wall in the fifty (50) foot front
yard setback.
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing legal
nonconforming residence was built within the front yard setback
and the building pad is located close to the street and adjacent
residences.
B. This 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 there will
not be any greater incursion into the setback than already exists
but will provide space for a service yard.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped.
Section 6. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to a maximum of 25 feet and to a maximum height of
five (5) feet as indicated on the Development Plan attached hereto
as Exhibit A subject to the conditions contained in Section 9.
SECTION 7. A Variance to Section 17.16.070.A and 17.28.022 is
required to construct a retaining wall 'in the thirty-five foot (35)
foot side yard setback.
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The Variance is necessary because the existing legal
nonconforming residence was built within the front yard setback
and the building pad is located close to the street and adjacent
residences.
B. This Variance is necessary for the preservation and
RESOLUTION NO. 91-8
PAGE 3
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 there will
not be any greater incursion into the setback than already exists
but will provide space for a service yard.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped.
Section 8. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the side,
yard setback to a maximum incursion of 10 feet and to a maximum
height of five (5) feet as indicated on the Development Plan '
attached hereto as Exhibit A subject to the conditions contained in
Section 9.
Section 9. The Variance to the front and side yard setbacks
approved in Sections 4, 6 and 8 as indicated on the Development
Plan attached hereto and incorporated herein as Exhibit A, are
subject to the following conditions:
A. The Variance shall, expire unless used within one year
from the effective date of approval as defined in Section 17.32.110
of the Municipal Code.
B. It is declared and made a condition of the Variance
approval, that if any conditions thereof are violated, the Permit
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 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 Development Plan on file marked Exhibit A
except as otherwise provided in these conditions.
E. Prior to the submittal of an applicable final grading
plan to the County of Los Angeles for plan check, a detailed
grading and drainage plan with related geology, soils and hydrology
reports that conform to the development plan as approved by the
RESOLUTION NO. 91-8
PAGE 4
Planning Commission must be submitted to the Rolling Hills Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of 2 to 1 slope
ratio.
F. 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.
G. 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.
H. Any modifications to the project which would constitute
a modification to the development plan as approved by the Planning
Commission shall require the filing of an application for
modification of the Zoning Case pursuant to Section 17.34.070 of
the Rolling Hills Municipal Code.
I. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.32.087,
or the approval shall not be effective.
J. All conditions of this Variance approval must be
complied with prior to the issuance of a building or grading permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS
OF APRIL, 1991.
7
ATTEST:
ALLAN ROBERTS, CHAIRMAN
DIANE SAWER, DEPUTiCITY CLERK
Resolution No. 91-8
Page 5
The foregoing Resolution No. 91-6 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO THE FRONT AND
SIDE YARD SETBACKS IN ZONING CASE NO. 446.
was approved and adopted at a regular adjourned meeting of the
Planning Commission. on April 6, 1991 by the following roll call.
vote:
AYES: COMMISSIONERS FROST, HANKINS, LAY, RAINE AND CHAIRMAN
ROBERTS
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
)/(/ nALA4e,_
'DEPUTY/CITY CLERY