721, Addition of a BBQ, seating wal, Resolutions & Approval ConditionsRESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE TO PERMIT
CONSTRUCTION OF DETACHED ACCESSORY STRUCTURES WHICH
WOULD ENCROACH INTO THE SOUTH SIDE YARD SETBACK AT AN
EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 721, AT
17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Application was duly filed by Mr. and Mrs. John Post with respect
to real property located at 17 Middleridge Road North, Rolling Hills (Lot 5-MR)
requesting a Variance to construct a 192 square foot trellis, 48 square foot seating wall
and 42 square foot barbecue, which would be located in the south side yard setback.
The applicants commenced construction prior to Planning Commission approval.
Section 2. The Planning Commission conducted duly noticed public hearing
to consider the application on February 21, 2006. The applicants were notified of the
public hearing in writing by first class mail. Evidence was heard and presented from all
persons interested in affecting said proposal and from members of the City staff and the
Planning Commission having reviewed, analyzed and studied said proposal. The
applicant was in attendance at the hearing.
Section 3. The Planning Commission finds that the project is exempt from
environmental review under the California Environmental Quality Act.
Section 4. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code 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 in
the vicinity. A Variance to Section 17.16.120 is required because it states that every lot in
the RAS-1 zone shall have a side yard of not less than 20 feet from the side property
line. The applicant is requesting a Variance to encroach up to 15 feet into the required
20-foot south side yard setback. With respect to this request for a Variance, the Planning
Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions
applicable to the property that do not apply generally to the other properties or class of
use in the same zone because the subject lot is divided by Middleridge Lane and the
portion of the developed lot is small in size in comparison to other properties. The lot
size and topography, together with the existing development on the lot creates a
difficulty in meeting the side yard setback Code requirement and in placing the
proposed structures elsewhere on the lot.
The property was originally developed with the residence encroaching up to 8 feet into
the south side yard setback, and in 2004 a Variance was approved to further encroach
with an addition into the setback. The accessory structures will follow the line of
encroachment of the residence in the side yard setback.
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. Strict application of the Zoning
Ordinance would deprive the property owner of the right and benefits enjoyed by
similarly situated properties in the same vicinity and zone. The encroachment permits
the use of the lot to the extent allowed for other properties in the vicinity. The Variance
will permit the development of the property in a manner similar to development
patterns on surrounding properties and will allow placement of the proposed structures
in most usable area, on a previously approved patio area.
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. Development in the side yard will allow the remaining
portion of the lot to remain undeveloped, would minimize grading and would follow
the existing line of encroachment. The area of addition is screened from adjacent
property owners and would not impair views. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City. In addition, the
adjacent property owners, who would be most affected by this development submitted
a letter in support of the structures in the side yard.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance
will be observed in that the proposed structures will be orderly, attractive and will
protect the rural character of the community. The proposed structures will not encroach
into potentially future equestrian uses on the property. A suitable stable and corral area
has been set -aside on the site. The proposed structures will be located on a previously
approved patio area.
E. The Variance request is consistent with the General Plan of the City of
Rolling Hills because the proposed structures comply with the General Plan
requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The structural lot coverage and the total
impervious lot coverage are within the requirements of the City.
Section 5. Pursuant to Section 17.16.200J of the Zoning Ordinance, free
standing structures, such as trellises, barbeques, gazebos and similar structures are not
counted towards structural, total and disturbed area of the net lot, or building pad
coverage, provided there is no more than 5 such structures on the lot or the combined
size of such structures does not exceed 600 square feet. Therefore, the proposed
structures are not counted against the maximum permitted lot coverages and would not
exceed the previously approved development standards.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 721 to encroach with the 192 square
foot trellis, 48 square foot seating wall and 42 square foot barbecue into the south side
yard setback subject to the following conditions:
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A. The Variance approval shall expire within two years from the effective
date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to
the requirements of this section.
B. It is declared and made a condition of the Variance that if any conditions
thereof are violated, this approval shall be suspended and the privileges granted
thereunder shall lapse; provided that the applicant has been given written notice to
cease such violation, the opportunity for a hearing has been provided, and if requested,
has been held, and thereafter the applicant fails to correct the violation within a period
of thirty (30) days from the date of the City's determination.
C. All requirements of the Buildings and Construction Ordinance, 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 and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated February 6,2006 except as
otherwise provided in these conditions.
E. The property on which the project is located contains a suitable area for a
future stable and corral with access thereto.
F. The property owners shall comply with the requirements of the Lighting
Requirements of the City of Rolling Hills, pertaining to lighting on said property.
G. Structural lot coverage shall not exceed 4,233 square feet or 11.8% in
conformance with lot coverage limitations.
H. Total lot coverage of structures and paved areas shall not exceed 6,767
square feet or 18.8% in conformance with total lot coverage limitations.
I. The disturbed area of the lot shall not exceed 8,800 square feet or 24.4% in
conformance with disturbed area limitations.
J. Residential building pad coverage on the 4,940 square foot residential
building pad shall not exceed 76.5%.
K. There shall be no grading for this project.
L. The existing topography, flora and natural features of the lot shall be
retained to the greatest extent feasible.
M. If new landscaping is introduced for this project, the landscaping shall
include water efficient irrigation that incorporates low gallonage irrigation system,
utilizes automatic controllers, incorporates an irrigation design using "hydrozones,"
considers slope factors and climate conditions in design, and utilizes means to reduce
water waste resulting from runoff and overspray in accordance with Section 17.27.020
(Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code.
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Further, landscaping shall be designed using mature trees and shrubs so as not to
obstruct views of neighboring properties but to screen the residence. Any new trees and
shrubs planned to be planted in conjunction with this project shall, at maturity, not be
higher than the ridge height of the residence.
N. Notwithstanding Sections 17.46.020 and 17.46.070 of the Rolling Hills
Municipal Code, any modification to the property, which would constitute additional
grading or structural development, shall require the filing of a new application for
approval by the Planning Commission.
O. During construction, dust control measures shall be used to stabilize the
soil from wind erosion and reduce dust and objectionable odors generated by
construction activities in accordance with South Coast Air Quality Management
District, Los Angeles County and local ordinances and engineering practices.
P. During construction, the property owners shall be required to schedule
and regulate construction and related traffic noise throughout the day between the
hours of 7 AM and 6 PM, Monday through Saturday only, when construction and
mechanical equipment noise is permitted, so as not to interfere with the quiet
residential environment of the City of Rolling Hills.
Q. During and after construction, all parking shall take place on the project
site and, if necessary, any overflow parking shall take place within nearby roadway
easements.
R. Prior to continuing construction, the applicants shall obtain RHCA
Architectural Committee approval and building permits from Los Angeles County
Department of Building and Safety.
S. The applicant shall execute an Affidavit of Acceptance of all conditions of
this Variance pursuant to Section 17.38.060, or the approval shall not be effective.
T. All conditions of this Variance approval, that apply, must be complied
with prior to the issuance of a building permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MARCH, 2006.
ATTEST:
--dti:2Q
MARILYN INN, DEPUTY C CLERK
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LOREl'DEROY, CHP LLRW_ Owl MN
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2006-04 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF DETACHED
ACCESSORY STRUCTURES WHICH WOULD ENCROACH INTO THE SOUTH SIDE
YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE
NO. 721, AT 17 MIDDLERIDGE LANE NORTH, (LOT 5-MR), (POST).
was approved and adopted at a regular meeting of the Planning Commission on March
21, 2006 by the following roll call vote:
AYES: Commissioners Hankins, Henke, Sommer, Witte and Chairwoman DeRoy.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
Reso. 2006-04
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ale let
DEPUTY•2ITY CLERK
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