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336, Construct a recreation buildin, Staff Reports410 January 12, 1987 City Council Agenda Item #6-A 1. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Zoning Case No. 336 - Craig Caldwell, 1 Georgeff Road RECOMMENDATION: The Planning Commission approved Zoning Case No. 336 at it's meeting of December 16, 1986. The staff recommended denial of Zoning Case No. 336. BACKGROUND: Mr. & Mrs. Craig Caldwell, #1 Georgeff Road, made application for a Variance from the height limitation requirements of the Zoning Ordinance, and for a Conditional Use Permit to allow for the construction of a detached recreation building. The combination of the Variance and a Conditional Use Permit, in this case, were necessary in order to provide for the construction of a 2,400 square foot stable with a loft, which would include within the building structure, a regulation size racquetball court, fitness room, sauna and shower facilities. The Zoning Ordinance provides that a stable with a loft, which would be utilized exclusively and only for the storage of feed, stable equipment and other material related to the keeping of livestock, can exceed one story in height. However, as a result of the mixing of the uses within the single structure (stable with loft), a Variance was necessary. As regards the Conditional Use Permit, the Zoning Ordinance provides for and requires Conditional Use Permits for the construction of a detached recreation building. The Planning Commission held two public hearings and conducted an on -site field investigation prior to taking action on the application. Staff recommended, to the Planning Commission, that the application embodied in Zoning Case No. 336, be denied. A copy of that staff report is included with this memorandum. After a considerable amount of testimony, both written and verbal, the Planning Commission took action to approve Zoning Case No. 336. A copy of there Report of Findings is included with this memorandum. The vote of the Planning Commission was split, with 3 affirmative votes, and 2 negative votes. FISCAL IMPACT: There is no fiscal impact associated with this matter. November 18, 1986 TO: Honorable Chairman & Members of the Planning Commission FROM: Terrence L. Belanger, Planning Director SUBJECT: Zoning Case No. 336 - CUP & Variance (C.. Caldwell) RECOMMENDATION: The staff recommends that the Planning Commission deny the request for Variance from the height limitation restriction (not to exceed one story), Section 17.16.050. This request relates to the construction of a recreation building (detached racquetball court and physical fitness facility). Further, staff recommends that the Planning Commission deny the application for Conditional Use Permit for a mixed use recreation building (racquetball court and physical fitness facility), and barn. BACKGROUND: Mr. & Mrs. Craig Caldwell, of 1 Georgeff Road, have applied for a Conditional Use Permit for a recreation building (racquetball court and physical fitness facility). Further, Mr. & Mrs. Caldwell have requested a Variance from the height limitation requirements set forth in Section 17.16.050 of the City of Rolling Hills Municipal Code. The affect of the request for the Conditional Use Permit in conjunction with a Variance to the height limitation, is to allow mixed used, detached facility, which would include a racquetball court and physical fitness facility, and a two story stable, which would accommodate the keeping of livestock. The Zoning Ordinance provides that in the RA-S Zone, no building shall exceed one story in height, except a barn or stable which may have a loft without glazed openings, to be used exclusively and only for the storage of tack, feed and stable equipment. If the applicant were constructing a barn with a loft for the exclusive use of keeping livestock, a Variance would not be needed. However, the proposed recreation facility, in conjunction with a barn/loft, requires that a Variance from the height limitation requirement zoning ordinance be applied for. Page 2 November 18, 1986 The sole purpose of any Variance, shall be to prevent discrimination, and no Variance shall be granted which would have the affect of granting a special privilege not shared by other property in the same vicinity and zone. When practical difficulties, and unnecessary hardships are results inconsistent with the general purpose of this title resolved, through the strict and literal interpretation enforcement of provisions thereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this chapter, to grant, upon such conditions as it may determine, such variance from provisions of the zoning ordinance as may be in harmony with its general purpose and intent, so that the spirit of the zoning ordinance is observed, and public safety and welfare secured. Before any Variance may be granted, it must be shown: A) that there are exceptional or extraordinary circumstances or 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 vicinities or zones; B) that such variances are necessary to 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; C) that the granting of such variance shall 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. The Zoning Ordinance intends that the only buildings which exceed one story in height in the City of Rolling Hills shall be barns or stables which have a loft which is to be exclusively and only used for the storage of the tack and stable equipment. In essence, the applicant is requesting a two story racquetball and physical fitness facility (ground level elevation). The issue before the Planning Commission is the findings of exceptional or extraordinary circumstances or conditions inherent to the property or to the intended use that do not apply generally to other property or classes of use in the same vicinity and zone, which would justify the granting of a variance to the height limitation requirements of the City of Rolling Hills Zoning Ordinance. The Planning Commission should consider whether the construction of a racquetball court/physical fitness facility could be constructed with a one story architectural profile (ground elevation). The applicant has request a Conditional Use Permit to allow for the construction of a racquetball/physical fitness facility. The Zoning Ordinance provides that the Planning Commission may grant a CUP permit for a use which requires a conditional use permit. A granting of any CUP, the Planning Commission may impose such conditions as it determines necessary and reasonable to protect the best interest of the surrounding property or neighborhood, and to assure compliance with the general purpose of the Zoning Ordinance. The underlying purpose of the CUP permit is to assure that the degree of compatibility, made the purpose of the Zoning Ordinance, shall be maintained with respect to the particular use on the Page 3 November 18, 1986 particular site, and in consideration of other existing and potential uses within the general area in which such use is proposed to be located. The Planning Commission has before it, not only the issue of the conditional allowance of a racquetball/physical fitness facility use; but also the compatibility and desirability of mixing that use with the keeping of livestock and other animals. In essence, the proposal is to mix a highly active acoustically noxious use inherent in a racquetball/physical fitness facility, with an exceptionally passive and pastoral activity, such as the keeping of livestock. Primafacie, it would appear that the mixing of the aforesaid uses, would not be compatible, especially if those uses existed simultaneously. It is staff's opinion that hardship cannot be demonstrated, which would justify the granting of a variance from the height limitation to accommodate the building of a 2 story (ground elevation) racquetball and physical fitness facility. Further, it is the staff's opinion that the mixing of incompatible uses, as those described above, is not in conformance with the spirit or intent of the City of Rolling Hills Zoning Ordinance.