130, Addition to SFR which presentl, Resolutions & Approval ConditionsBEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
In the Matter of the Application
of
Marvin Poer
Lot 11-MR
ZONING CASE NO. 130
FINDINGS AND REPORT
The application of Mr. Marvin Poer, Lot 11-MR, Middleridge
Tract, for a conditional use permit under Article III, Section
3.07, Side Yard Requirements, Ordinance No. 33 came on for hearing
on the 19th day of February, 1974 in the Council Chambers of the
Administration Building, 2 Portuguese Bend Road, Rolling Hills,
California, and the applicant, having submitted evidence in support
of the application, the Planning Commission, being advised, now
makes its Findings and Report as required by the Ordinances of the
City of Rolling Hills, California.
I.
The Commission finds that the applicant, Mr. Marvin Poer,
is the owner of that certain real:: property described as Lot 11-MR,
Middleridge Tract, located in the City of Rolling Hills, California,
and that notice of the public hearing in connection with said appli-
cation was given as required by Sections 8.06 and 8.07 of Ordinance
No. 33 of the City of Rolling Hills, California.
II.
The Commission finds, further, that Mrs. Joyce Briles, 6 Mid-
dleridge Lane North, had written to give consent to the granting of
a conditional use permit, and Mr. Robert Hatch had written that he
and Mrs. Hatch had no objection to granting the necessary variances
to accommodate construction indicated on the plans for January 1974;
if the house were destroyed for any reason, Mr. Hatch requested that
any subsequent residence be placed on the property in accordance with
the building codes of Rolling Hills. Further, Mr. Hatch has requested
that he be consulted regarding the location of the trash storage area
which has not yet been determined, and that the existing fence, which
encroaches on the easement, be removed and a new one constructed on
the north property line.
III.
The Commission further finds that the residence was built
before the City was incorporated and the zoning ordinance adopted,
and the home as built encroaches on the side yard on both sides,
although the teen foot easement has been reserved. The Commission
finds further that a conditional use permit for extension of a non-
conformance on a conforming structure and a conditional use permit
for construction in the side yard should be granted for construction
both front and back extending into the side yard on the north side
of the property and across the rear and into the side yard on the
south side in order to preserve substantial property rights pos-
sessed by other property in the same vicinity and zone, and because
the planned improvements to the residence would constitute an im-
provement and upgrading of the entire property.
IV.
From the foregoing it is concluded that conditional use
permits under Article III, Section 3.07, Side Yard Requirements
and Article V, Section 5.06, Non -conforming use of Conforming
Building, Ordinance No. 33 should be granted by the Planning Com-
mission of the City of Rolling Hills to Mr. Marvin Poer, Lot 11-MR,
Middleridge Tract with the following stipulations: 1) that the
existing fence which encroaches on the easement be removed and a
new fence constructed on the north property line, and 2) that a
portion of Middleridge Lane paving which is on the property remain,
and that at no time the owner request the City to move or remove
the paving on his property, and that a document stating same be
executed by the owner as a condition of approval of the conditional
use permit, and it is, therefore, so ordered.
/s/ Godfrey Pernell
CHAIRMAN, PLANNING COMMISSION
CRETARY, PLANNETG COMMISSION