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422, Construct a gazebo in side yar, Resolutions & Approval ConditionsRESOLUTION NO. 9n- zq A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING AN EXTENSION TO THE REQUIRED COMPLETION TIME AS SPECIFIED IN CONDITIONS OF APPROVAL IN ZONING CASE NO. 422 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. Orrin Pollock with respect to real property located at 6 Morgan Lane, Rolling Hills (Lot 170-6-MS) requesting an extension to the required completion time for Conditions of approval D,E, and F of Resolution 90-11, dated June 30, 1990. The completion time for such conditions was to expire September 28, 1990. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on September 18, 1990. Section 3. After receiving public testimony and carefully considering the facts and merits of Zoning Case No. 422, the Planning Commission hereby approves a 60 day extension to November 27,1990 on the completion time to comply with conditions D, E, and F of Resolution 90-11. 1990. ATTEST: PASSED, APPROVED AND ADOPTED this 6th day of October, Deputy City Cle � V Allan Roberts, Chairman • • RESOLUTION NO. 90-11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE SIDE YARD SETBACK IN ZONING CASE NO. 422 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. Orrin Pollock with respect to real property located at 6 Morgan Lane, Rolling Hills (Lot 170-6-MS) requesting a variance to the side yard setback requirement to construct a detached accessory structure (gazebo) and install mechanical equipment. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on March 20, 1990, April 18, 1990, May 15, 1990 and June 19, 1990 and conducted a field site review on April 7, 1990. 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. Section 17.16.070 (A) requires a side yard setback in the RAS- 2 to be 35 feet. The applicant is requesting to encroach nine (9') feet into the westerly side yard setback to construct a residential addition. findings: Section 4. The Planning Commission makes the following A. 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 vicinity and zone because the location of the accessory structure and mechanical equipment is suitable for the Site and there are no appropriate alternative locations at the rear of the site due to the topography of the site. 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 because granting of the variance will not be a special privilege since the subject site is large and can accommodate detached accessory structures that have been commonly constructed in the neighborhood. • • 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 because th e improvements will have only minor visual impact to the roadway and surrounding properties, and other conditions have been incorporated to address concerns of the Community Association. Section 5. Based on the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 422 to permit an encroachment to a maximum of nine (9') feet into the westerly side yard as indicated in the Development Plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the following conditions: A. The variance to the side yard setbacks shall expire if not used in one year from the effective date of approval as defined and specified in Section 17.32.110 of the Municipal Code. B. The building plan and mechanical plan must be approved by the Rolling Hills Community Association Architectural Committee before the applicant receives a building permit from the County of Los Angeles. C. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the Development Plan approved with the variance. D. The existing entry gate shall be replaced subject to approval of the Community Association. This matter shall be resolved within ninety (90) days after the adoption of this Resolution. E. The existing masonry mailbox structure shall be removed and replaced to a type subject to approval of the Community Association. This matter shall be resolved within ninety (90) days after the adoption of this Resolution. F. The front easement shall be cleared of obstructions to the satisfaction of the Community Association. This matter shall be resolved prior to a period of ninety (90) days after the adoption of this Resolution. G.'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 Development Plan pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. 1990. H. Applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this variance shall not be effective. PASSED, APPROVED AND ADOPTED this 30th day of June , Chairman ATTEST: �GGr,2�L-Gravy /City Clerk°