465, Addition to master bedroom (62, Resolutions & Approval Conditions• •
RESOLUTION NO. 91-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH INTO THE
SIDE YARD SETBACK TO PERMIT THE ENLARGEMENT OF AN EXISTING
MASTER BEDROOM IN A SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 465.
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 Ms. Michelle
Mottola and Mr. John Thourot with respect to real property located
at 7 Flying Mane Road, Rolling Hills (Lot 51-SF) requesting a
Variance to the side yard setback to permit the enlargement of an
existing master bedroom of a single family residence into the side
yard setback.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance on
September 17, 1991 and October 22, 1991, and at a field trip visit
on October 5, 19.91.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. 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 17.16.070.B is requested to
enlarge a master bedroom portion of a residence into the twenty
(20) foot side yard setback. The applicant is requesting an
addition that will encroach a maximum of seven (7) feet into the
side yard setback. The Planning Commission finds:
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 side yard setback
and the proposed addition does not encroach any further than other
portions of the existing structure.
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 the
existing development pattern on the lot precludes the requested
addition from being built into the rear yard.
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RESOLUTION NO. 91-28
PAGE 2
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. The Variance will only continue the existing degree of
encroachment and will not impact the view or privacy of surrounding
properties.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach to a maximum of
7 feet into the side yard setback to enlarge an existing master
bedroom as indicated on the Development Plan attached hereto as
Exhibit A subject to the conditions contained in Section 5.
Section 6. The Variance to the side yard setback approved in
Section 4, as indicated on the. Development Plan attached hereto and
incorporated herein as Exhibit A, is 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. The garage shall be screened on the north side property
line with drought -tolerant landscaping approved by the landscaping
consultant.
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.
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RESOLUTION NO. 91-28
PAGE 3
H. 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.
I. All conditions of this Variance approval, except for
Paragraphs (D) and (E), 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 2ND DAY OF NOVEMBER, 1991.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
DIANE SAWYER, DEPUTY CY CLERK
The foregoing Resolution No. 91-13 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 THE ENLARGEMENT OF AN EXISTING
MASTER BEDROOM IN A SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 465.
was approved and adopted at a regular adjourned meeting of the
Planning Commission on November 2, 1991 by the following roll call
vote:
AYES: Commissioner Frost, Hankins, Raine and Chairman Roberts
J
NOES: None
ABSENT: Commissioner Lay
ABSTAIN: None
DEPUTY CITY CLERK N\