422, Construct a gazebo in side yar, Staff Reports***
STAFF REPORT
DATE: SEPTEMBER 18, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 422; Request for an extension to the required
completion time to expire September 28, 1990, as specified in
Conditions of Approval D, E, and F of Resolution 90-11; 6 Morgan
Lane, Lot 170-6-MS; Owner: Pollock
DISCUSSION
The City is in receipt of a letter, dated August 28, 1990, from Mr. Orrin
Pollock, requesting an extension to the 90 day time period to comply with
conditions D, E, and F of the adopted Resolution 90-11 granting a variance
to the side yard setback. A copy of the resolution is attached for your
information and the said 90 day period is due to expire on September 28,
1990. Since the last meeting with the Planning Commission, Mr. Pollock
has been working with the Community Association regarding the stated
matters, but has noted that he will be away for vacation reasons during
the month of September.
The Commission will note Condition E requiring the removal of the masonry
mailbox structure within the easement. However, the applicant has noted
that he has received acceptance of the structure from the Association's
Architectural Committee. This decision would obviously conflict with the
direction of the Commission. The matter regarding the entry gate as per
condition D is before the Association Board of Directors, and the
obstructions as per condition F appear to have been resolved.
In reviewing the applicant's request, staff would have no objection to
permitting an extension on compliance with said conditions for a period
not to exceed 90 days.
RECOMMENDATION
Staff would recommend that the Commission grant an extension to the
required completion time for Conditions D, E, and F for a period not to
exceed 90 days.
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STAFF REPORT
* * * *
•
DATE: June 12, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 422; Request for Variance to encoach into the
side yard setback to permit a detached accessory structure and
installation of mechanical equipment; 6 Morgan Lane, Lot
170-6-MS; Owner: Orrin Pollock
DISCUSSION
The Planning Commission will recall, at your regular meeting of May 15,
1990, the hearing on Zoning Case No. 422 was continued, whereby Staff was
was directed to confer with the applicant in resolving existing violations
on the site that were identified by the Community Association. The City
is in receipt of a letter from the Association outlining the status of the
violations. Staff has corresponded with the applicant a number of times
since the last meeting, but has not been able to secure correction of the
indicated violations. The applicant has suggested that the matters
pertaining to the Association requirements should be separate from the
Planning Commission's review. Staff has responded that correction of
property development violations have direct relationship to the actions of
the Commission.
At the last meeting, staff also presented evidence in the form of a letter
from the Los Angeles County Department of Public Works indicating that
they have no record of a required mechanical permit for the existing
installation of the air conditioning unit. Issues raised pertaining to
the as -built gazebo with mechanical equipment that encroaches nine (9')
feet into the required side yard setback, included the visual impacts to
the roadway and surrounding properties and potential noise impacts from
the mechanical equipment due to the proximity to property line.
RECOMMENDATION
The Planning Commission has the authority to act on the matter based upon
the evidence submitted to date. In accordance with the purposes and
objectives of the Ordinance and General Plan, yard setback requirements
and development compatibility must be evaluated. In order before a
variance may be granted, the Commission must determine that there are
special circumstances applicable to the property, special privileges are
not granted, and it would not be detrimental to the public welfare or
injurious to other property. Should the Commission consider approving the
request, the Commission has the authority to impose conditions on the
project.
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• •
STAFF REPORT
DATE: May 7, 1990
TO: PLANNING COMMISSION
FROM: STAFF
SUBJECT: ZONING CASE NO. 422; Request for variance to encroach into the
side yard setback to permit a detached asssessory structure to
house mechanical equipment; 6 Morgan Lane, Lot 170-6-MS; Owner:
Orrin Pollock
DISCUSSION
The Planning Commission, at their meeting of April 18, 1990, continued the
above -stated application and requested further verification as it pertains
to the installation of the mechanical equipment within the side yard. The
City is in receipt of a letter from the Los Angeles County Building and
Safety Division indicating that there is no record of an approved permit
for the ground -mounted air conditioning equipment in question, and that a
separate mechanical permit would be required for such.
Other issues raised pertaining to the as -built gazebo with mechanical
equipment and encroaching nine feet (9') into the required thirty-five
foot side yard setback, included the visual impacts to the roadway and
surrounding properties and potential noise impacts from the mechanical
equipment due to its proximity to the property line.
RECOMMENDATION
Staff recommends that the Planning Commission closely examine the
unpermitted, as -built condition of the project and potential iimpacts to
the site and surrounding property. In accordance with the purposes and
objectives of the ordinance, yard setback requirements and development
compatibility must be evaluated. In order before a variance may be
granted, the Commission must determine that there are special
circumstances applicable to the property, special privileges are not
granted, and it would not be detrimental to the public welfare or
injurious to other property. It is staff's opinion that all mandatory
findings of land use hardship cannot be determined, and that the request
be denied.
zc422#3
DATE:
TO:
FROM:
April 9, 1990
PLANNING COMMISSION
STAFF
STAFF REPORT
SUBJECT: ZONING CASE NO. 422; Requst
side yard setback to permit
house mechanical equipment; 6
Orrin Pollock
DISCUSSION
for Variance to encroach into the
a detached assessory structure to
Morgan Lane, Lot 170-6-MS; Owner:
The Planning Commission, at their regular meeting of March 20, 1990,
continued the above -stated matter to an adjourned meeting so as to inspect
the site and surrounding property. The applicant desires variance relief
from the ordinance to permit an as -built, 123 square foot structure within
the side yard setback.
Issues and concerns raised at the previous meetings were discussed as
follows:
1. The gazebo structure was erected and air conditioning equipment
installed without required permits, nonetheless require that the mandatory
findings of fact be determined before a variance is granted. The
structure encroaches nine (9') feet into the prescribed 35 foot side yard
setback.
2. Since the structure was
residence, visual impact from the
concern. Further, potential noise
proximity of the mechanical equipment
RECOMMENDATION
placed in front of the existing
roadway and abutting property is of
impacts may arise due to the type and
to the property, line.
Staff recommends that the Planning Commission closely examine the as -built
condition of the project and potential impacts to the site and surrounding
property. In accordance with the purposes and objectives of the
ordinance, yard setback requirements and development compatibility must be
evaluated. In order before a variance may be granted, the Commission must
determine that there are special circumstances applicable to the property,
special privileges are not granted, and it would not be detrimental to the
public welfare or injurious to other property. It is Staff's opinion that
all the mandatory findings of land use hardship cannot be determined, and
that the request be denied.
zc422#2
DATE: March 12, 1990
PROJECT DESCRIPTION
APPLICATION NO.:
SITE LOCATION:
ZONING:
APPLICANT:
REPRESENTATIVE:
PUBLISHED:
PRIOR CITY ACTIONS:
PROPERTY SIZE/
CONFIGURATION:
PRESENT DEVELOPMENT:
REQUEST:
STAFF REPORT
Zoning Case No. 422
6 Morgan Lane, Lot 170-6-MS
RAS-2
Mr. Orrin Pollock
March 10, 1990
Zoning Case No. 338 (CUP)
2.54 acres gross, Irregular shape
Single family residence, guest house, swimming pool
A Variance to encroach into the side yard setback to
construct a detached assessory structure to house mechanical
equipment.
REVIEW AND EVALUATION OF ISSUES
In reviewing the applicant's request under Title 17 (Zoning), Staff would
identify the following issues for evaluation:
1. The property owner was immediately advised of code requirements
after Staff observed that a gazebo -type structure had been built without
acquiring building permits. Further, mechanical permits have not been
ascertained for the ground mounted air conditioning equipment. The
property owner has since filed an application for variance to allow
encroachment of the structure within the side yard setback.
2. The 123 square foot, as -built freestanding structure and
mechanical equipment encroaches nine (9') feet into the required 35 foot
side yard setback, and has been placed in front of the residence.
3. Visual impact may be of concern from the abutting properties and
the roadway. Potential noise impacts may be generated due to the
proximity of the mechanical equipment to property line.
4. Overall lot coverage requirements will not be exceeded (8.9%
structure, 19.1% total).
RECOMMENDATION
Staff recommends that the Planning Commission closely examine the proposed
project and potential impacts in accordance with the zoning ordinance
regarding yard requirements and development compatibility. In order
before a variance may be granted, the Commission msut determine that there
are special circumstances applicable to the property, special privileges
are not granted, and it would not be detrimental to the public welfare or
injurious to other property. The Commission should receive public
testimony and continue the matter to an adjourned meeting so as to inspect
the site and surrounding properties.
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