455, 12 foot garage addition at the, Staff ReportsTO:
ATTENTION:
FROM:
City op2 PP,.q JUL
AGENDA ITEM
MEETING DATE 8/26/91
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CRAIG R. NEALIS, CITY MANAGER
LOLA M. UNGAR, PRINCIPAL PLANNER
SUBJECT: RESOLUTION OF APPROVAL NO. 91-20, ZONING CASE
NO. 455
Request for a Variance to encroach into the front
yard setback for the construction of a bay window
addition and a garage addition to an existing
single family dwelling.
Mr. and Mrs. August Rihaczek, 10 Flying Mane Road
(Lot 60-B-SF)
BACKGROUND
The Planning Commission granted a Variance to encroach 24 feet into
the front yard setback for the construction of a 16 square foot bay
window and a 120 square foot garage addition in attached Resolution
No. 91-20 on August 20, 1991.
The existing house and attached garage presently encroach up to 24
feet into the front yard and there will not be any further
incursion into the front yard.
RECOMMENDATION
It is recommended that the City Council receive and file Resolution
No. 91-20.
RESOLUTION NO. 91-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE. TO ENCROACH INTO THE
FRONT YARD SETBACK TO PERMIT A BAY WINDOW ADDITION AND AN
ADDITION TO THE GARAGE IN ZONING CASE NO. 455.
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.
August Rihaczek with respect to real property located at 10 Flying
Mane Road, Rolling Hills (Lot 60-B-SF) requesting a Variance to the
front yard setback to permit a bay window addition and an addition
to the garage to encroach into the front yard setback.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for Variances on June
25, 1991 and July 16, 1991, and at a field trip visit on July 13,
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 addition and an addition to the garage in
the fifty (50) foot front yard setback. The applicant is
requesting additions that.will encroach a maximum of twenty-four
(24) feet into the front 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 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 the
existing development pattern on the lot precludes, the requested
additions from being built into the rear 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.
• •
RESOLUTION NO. 91-20
PAGE 2
Section 4. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to permit an encroachment to a maximum of 24 feet into
the front yard to construct a bay window addition (16 square feet)
and an addition to the garage (120 square feet) as indicated on the
Development Plan. attached hereto as Exhibit A subject to the
conditions contained in Section 5. The Planning Commission also
finds that the project conforms withthe requirements of the
California Environmental Quality Act and is categorically exempt
from environmental review.
Section 5. The Variance to the front 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 andmaintained in substantial
conformance with the Development Plan on file marked Exhibit A
except as otherwiseprovided in these conditions.
E. 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.
F. 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.
G. 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.
RESOLUTION NO. 91-20
PAGE 3
H. All conditions of this Variance approval, except for the
maintenance requirement of Paragraph D, 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 20TH DAY OF AUGUST, 1991.
ATTEST:
ALLAN ROBERTS, CHAIRMAN
/i�
DIANE SAWYER, DEPUTY CICLERK
The foregoing Resolution No. 91-20 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 A BAY WINDOW ADDITION AND AN
ADDITION TO THE GARAGE IN ZONING CASE NO. 455.
was approved and adopted at a regular adjourned meeting of the
Planning Commission on August 20, 1991 by the following roll call
vote:
AYES:
NOES:
ABSENT:
Commissioners Frost, Hankins, Lay, Raine;
Chairman Roberts
None
None
ABSTAIN: None
I..A or —
DEPUTY CIT CLERK ��
HEARING DATE:
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING & SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
�Rolling. wee
INCORPORATED JANUARY 24, 1957
JULY 16, 1991
PLANNING COMMISSION
LOLA UNGAR, PRINCIPAL PLANNER
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
ZONING CASE NO. 455
10 FLYING MANE ROAD (LOT 60-B-SF)
RAS-1, 1.17 ACRES, IRREGULAR SHAPE
MR. AND MRS. AUGUST RIHACZEK
MR. DON THURSBY, EDWARD CARSON BEALL AND
ASSOCIATES
JUNE 15, 1991
REQUEST: The applicant requests a Variance to encroach into the
front yard setback to permit a bay window addition and a
garage addition.
BACKGROUND
The Planning Commission conducted a field trip on July 13, 1991 to
view a silhouette of the proposed bay window and garage addition.
RECOMMENDATION
It is recommended that the Planning Commission review the proposed
plans and take public testimony.
HEARING DATE:
TO:
FROM:
APPLICATION NO.
SITE LOCATION:
ZONING & SIZE:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
REQUEST:
BACKGROUND
•
ei4'
•
OY /EOffi,l INCORPORATED JANUARY 24, 1957
JUNE 25, 1991
PLANNING COMMISSION
LOLA UNGAR. PRINCIPAL PLANNER
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
FAX: (213) 377-7288
ZONING CASE NO. 455
10 FLYING MANE ROAD (LOT 60-B-SF)
RAS-1, 1.17 ACRES, IRREGULAR SHAPE
MR. AND MRS. AUGUST RIHACZEK
MR. DON THURSBY, EDWARD CARSON BEALL AND
ASSOCIATES
JUNE 15, 1991
The applicant requests a Variance to encroach into the
front yard setback to permit a bay window addition and a
garage addition.
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
front yard setback to permit a bay window
square feet and an addition to the garage
encroach into the
addition of 16
of 120 sq.ft.
2. The existing house and attached garage (built in 1951)
encroach up to 24 feet into the front yard setback. The
new additions will not encroach any further than the existing
structure. The adjacent structure to the southeast encroaches
18 feet into the front yard setback, while the adjacent
structure to the northwest encroaches 19 feet into the front
yard setback.
3. There will not be any grading for the proposed additions.
4. The structural lot coverage proposed is 12.63% (20% permitted)
and the total lot coverage proposed is 24. 58 0 (35% permitted) .
5. The existing building pad coverage as proposed is 38.67%.
RECOMMENDATION
It is recommended that the Planning Commission review the proposed
plans and take public testimony.
Criteria toe satisfied for grant of Varce
1. Original development at the upper end of Flying Mane was done with front
yard setbacks varying from 26 feet to 32 feet. The current 50 foot front yard
setback creates a unique situation in that all houses in the area are encroaching
into the setback.
The applicants house is currently setback 26 fee. The proposed garage
addition will be setback 30 feet and the breakfast room addition 39'. This is
consistent with the neighbor on either side that have setbacks of 31 and 31
feet. The houses on the opposite side of Flying Mane are setback 26'.
2. The proposed additions do not project beyond the existing building setback of
26 feet.
The proposed additions are consistent with both the character and scale of the
existing development on Flying Mane.
The visual impact of the additions are minor due to the existing building pad
being substantially lower than the elevation of the street; making the majority
of the house non visible from the street.