Loading...
518, Variance for encroachment into, Staff Reports• City oy ie0ti wee, HEARING DATE: OCTOBER 18,1994 TO: 71) INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA UNGAR, PRINCIPAL PLANNER APPLICATION NO. SITE LOCATION: ZONING & SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REOUEST Request for a Variance to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area. BACKGROUND ZONING CASE NO. 518 10 BUGGY WHIP DRIVE (LOT 1-BW) RA-S-2, 2.00 ACRES MR. AND MRS. TY BOBIT MR. DOUGLAS MCHATTIE, SOUTH BAY ENGINEERING SEPTEMBER 10, 1994 1. The Planning Commission viewed the retaining wall on the subject site on October 6, 1994. Mrs. Pat Clark was also present at the field trip and expressed her concerns about the aesthetics of the playground equipment. Commissioners discussed the use of landscaping to obscure the equipment. 2. The applicant is requesting a Variance to permit a 119 foot long, 3 foot high retaining wall that was constructed illegally to remain. A portion of the retaining wall (57 feet) encroaches up to 8 feet into the 35 foot side yard setback. The construction of 3-foot high retaining walls came to the attention of the City when a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. (A grading permit is not required if grading is less than 3 feet in depth and less than 2,000 square feet of existing ground surface). Printed on Recycled Paper. ZONING CASE NO. 518 PAGE 2 3, The playground area is approximately 3,456 square feet and playground equipment is erected there. Approximately 1,728 square feet was disturbed to create the playground area or less than 3% of the net lot area. 4. The existing 3,954 square foot house, 635 square foot pool and attached 735 square foot garage were built in 1976. 5. Structural lot coverage will not change at 7.13% (20% permitted) and the total lot coverage will not change at 11% (35% permitted). Access to the property will continue from the southeast off Buggy Whip Drive. The retaining wall does not, encroach into the 15 foot easement used as a horse trail that continues along the southwest property line. 7 The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the proposed plans and take public testimony. Cuy o/ee��n9 Jh/4 AGENDA ITEM 4B MEETING DATE: NOVEMBER 14, 1994 TO: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 518 RESOLUTION NO. 94-24: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO. 518. Mr. Ty Bobit, 10 Buggy Whip Drive (Lot 1-BW) BACKGROUND 1. The Planning Commission approved the attached resolution on November 5, 1994. 2. The applicant is requesting a Variance to permit a 119 foot long, 3 foot high retaining wall that was constructed illegally to remain. A portion of the retaining wall (57 feet) encroaches up to 8 feet into the 35 foot side yard setback. The construction of 3-foot high retaining walls came to the attention of the City when a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. (A grading permit is not required if grading is less than 3 feet in depth and less than 2,000 square feet of existing ground surface). However, a retaining wall constructed as part of the project encroached a maximum of 8 feet into the side yard setback. 3, .The playground area is approximately 3,456 square feet and playground equipment is erected there. Approximately 1,728 square feet was disturbed to create the playground area or less than 3% of the net lot area. ®Printed on RA''. Jr, IFd Paper ZONING CASE NO. 518 PAGE2 4. The existing 3,954 square foot house, 635 square foot pool and attached 735 square foot garage were built in 1976. 5. Structural lot coverage will not change at 7.13% and the total lot coverage will not change at 11%. _6. Access to the property will continue from the southeast off Buggy Whip Drive. The retaining wall doesnot encroach into the 15 foot easement used as a horse trail that continues along the southwest property line. 7. Mrs. Pat Clark was present at the first Planning Commission meeting and the field trip and expressed her concerns about the bright yellow color of portions of the playground equipment. Mr. Bobit changed the tent covering to brown. The molded plastic slide remains yellow. Note that the Resolution requires the use of landscaping to obscure the playground equipment as noted on the plans. RECOMMENDATION It is recommended that the City Council receive and file Resolution No. 94-24. RESOLUTION NO. 94-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO. 518. 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. Ty Bobit with respect to real property located at 10 Buggy Whip Drive (Lot 1-BW) requesting a Variance to encroach into the side yard setback to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area: Section 2. The construction of 3-foot high retaining walls came to the attention of the City when ,a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. However, a retaining wall constructed as part of the project encroached a maximum of 8 feet into the side yard setback. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application on September 20, 1994 and October 18, 1994, and at a field trip visit on October 6, 1994. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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 17.16.120(B) requires a side yard setback for every residential parcel in the RA-S-2 Zone to be 35 feet. The applicant is requesting to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area on a pad lower than the residential building pad. The approximately 119 foot long, 3 foot high wooden retaining wall encroaches a maximum of 8 feet into the 35 RESOLUTION NO. 94-24 PAGE 2 • foot side 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 long and narrow and the building pads are located close to the street, side yards, and adjacent residences. The existing development pattern on the lot and the sloping rear portion precludes a safe zone for a children's playground area. 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 of the steep slope on the lot which necessitates a retaining wall to support the slope bank for the proposed children's playground area. 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. Lack of development, except for children's playground equipment, on the lower 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 for Zoning Case No. 518 to permit a previously constructed 3-foot high retaining wall to encroach a maximum of eight (8) feet into the side yard setback for a playground area on a pad lower than the residential building ,pad, 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 7 of this Resolution. Section 7. The Variance to the side 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 .approval, 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. RESOLUTION NO. 94-24 PAGE 3 D. The lot shall be developed and maintained in substantial conformance with the site plan on file dated July 5, 1994 and marked Exhibit A, except as otherwise provided in these conditions. E. Landscaping shall be provided and maintained to obscure the playground equipment and retaining walls from the view from adjacent properties but, shall not encroach any more than already exists at the south side of the property. The landscaping shall be planted within 3 months of the approval of this Resolution, and shall be subject to City staff approval. 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. 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 Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes shall not exceed a steepness of a 2 to 1 slope ratio. H. The applicant shall execute an Affidavit of Acceptance of all conditions of these Variance and driveway modification approvals, or the approvals shall not be effective. I. All conditions of these Variance approvals must be complied with prior to the issuance of a building or grading permit from the County of Los Angeles. 1994. PASSED, APPROVED AND ADOPTED THIS 5TH DAY.' O NOVEMBER, ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYNRN, DEPUTY CITY CLERK RESOLUTION NO. 94-24 • PAGE 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) SS I certify that the foregoing Resolution No. 94-24 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD SETBACK TO PERMIT A PREVIOUSLY CONSTRUCTED RETAINING WALL TO REMAIN IN THE SIDE YARD SETBACK FOR A PLAYGROUND AREA IN ZONING CASE NO.518. was approved and adopted at a regular meeting of the Planning Commission on November 5, 1994 by the following roll call vote: AYES: Commissioners Frost, Hankins, Raine, 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 • City a/ R0ffi Jh/'h i INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 MEMORANDUM DATE: OCTOBER 17,1994 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA UNGAR, PRINCIPAL PLANNER SUBJECT: ZONING CASE NO. 518 10 BUGGY WHIP DRIVE (LOT 1-BW) MR. AND MRS. TY BOBIT The applicant has provided the attached landscape plan for the Commission's review in the subject case. Printed on Recycled Paper. City ai RO/A4 • • 6A INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 HEARING DATE: SEPTEMBER 20, 1994 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA UNGAR, PRINCIPAL PLANNER APPLICATION NO. ZONING CASE NO. 518 SITE LOCATION: 10 BUGGY WHIP DRIVE (LOT 1-BW) ZONING & SIZE: RA-S-2, 2.00 ACRES APPLICANT: MR. AND MRS. TY BOBIT REPRESENTATIVE: MR. DOUGLAS MCHATTIE, SOUTH BAY ENGINEERING PUBLISHED: SEPTEMBER 10, 1994 REOUEST Request for a Variance to permit a previously constructed illegal retaining wall to remain in the side yard setback for a playground area. DISCUSSION In reviewing the applicant's request under Title 17 (Zoning), staff would identify the following issues for evaluation: 1. The applicant is requesting a Variance to permit a 119 foot long, 3 foot high retaining wall that was constructed illegally to remain. A portion of the retaining wall (57 feet) encroaches up to 8 feet into the 35 foot side yard setback. The construction of 3-foot high retaining walls came to the attention of the City when a neighbor complained about the possibility of illegal grading taking place at the site in April, 1994. During investigation, staff and the building inspector determined that the additional area created for a children's playground area was less than the amounts that require a grading permit. (A grading permit is not required if grading is less than 3 feet in depth and less than 2,000 square feet of existing ground surface). 2, The playground area is approximately 3,456 square feet and playground equipment is erected there. Approximately 1,728 square feet was disturbed to create the playground area or less than 3% of the net lot area. Printed on Recycled Paper. ZONING CASE NO. 518 PAGE 2 3. The existing 3,954 square foot house, 635 square foot pool and attached 735 square foot garage were built in 1976. 4. Structural lot coverage will not change at 7.13% (20% permitted) and the total lot coverage will not change at 11% (35% permitted). 5. Access to the property will continue from the southeast off Buggy Whip Drive. The retaining wall does not encroach into the 15 foot easement used as a horse trail that continues along the southwest property line. 6. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission review the proposed plans and take public testimony.