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721, Addition of a BBQ, seating wal, Correspondence• City ova ePnS Jh/i March 28, 2006 CERTIFIED MAIL Mr. and Mrs. John Post 17 Middleridge Lane North Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 721. Request for a Variance to permit construction of trellis, barbecue and seating wall, which would encroach into the side yard setback at an existing single family residence at 17 Middleridge Lane North, (Lot 5-MR), Rolling Hills, CA. Dear Mr. and Mrs. Post: This letter shall serve to notify you that the City Council at their regular meeting on March 27, 2006, received and filed the Planning Commission's resolution granting your request in Zoning Case No. 721. The decision shall become effective thirty days after the adoption of the resolution by the Planning Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. Before this case takes effect you are required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder. Please obtain approval from the Rolling Hills Community Association for the outdoor structures, after which you would need to obtain building permits from the Los Angeles County Building and Safety Department. I have enclosed a copy of RESOLUTION NO. 2006-04, specifying the conditions of approval set forth by the Planning Commission and the approved Development Plan to keep for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and forward, (or hand deliver), the completed form and a copy of the Resolution to: @Printer) on Rocs/clod f':_ir,ar. Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. You may wish to make a copy of the Resolution to keep for your information and records. Please feel free to call me at (310) 377-1521 if you have any questions. Sincejrely, S Y Tanta Schwartz P ing Director Enclosures: AFFIDAVIT OF ACCEPTANCE FORM RESOLUTION NO. 2006-04 DEVELOPMENT PLAN RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAL ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX The Registrar -Recorder's Office requires that the form be notarized before recordation. T Recorder's Use Only AFFIDAVIT OF ACCEPTANCE FORM STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) ZONING CASE NO. 721 SITE PLAN REVIEW VARIANCE XX XX I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 17 MIDDLERIDGE LANE NORTH, ROLLING HILLS, (LOT 5-MR) CA 90274 This property is the subject of the above numbered case and conditions of approval I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 721 SITE PLAN REVIEW XX VARIANCE XX I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary public. State of California ) County of Los Angeles ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness by hand and official seal. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • �;:p1IJ1- A RESOLUTION 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 • • e14 ofi? P?..9 iit't' March 22, 2006 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Mr. and Mrs. John Post 17 Middleridge Lane North Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 721. Request for a Variance to permit construction of trellis, barbecue and seating wall, which would encroach into the side yard setback. Dear Mr. and Mrs. Post: This letter shall serve to notify you that the Planning Commission adopted a resolution on March 21, 2006 granting your request for a Variance and Site Plan Review in Zoning Case No. 721. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on March 27. 2006 at their regular meeting beginning at 7:30 PM. You or your representative should be present to, answer any questions the Council may have. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (301 day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. The staff report to the City Council, together with the Resolution will be mailed to you on Friday, March 24, 2006. After the City Council's action, I will forward to you instructions for recordation of the Affidavit Of Acceptance Form and the Resolution. Please feel free to call me at (310) 377-1521 if you have any questions. ®Printed on HCcyr;lcri f'•u,^� • Ci1 o/ leo PP,.S JJ,PP, February 23, 2006 Mr. and Mrs. John Post 17 Middleridge Lane North Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 721. Request for a Variance to permit construction of accessory structures, which would encroach into the side yard setback at an existing single family residence. Dear Mr. and Mrs. Post: This letter shall serve to notify you that the Planning Commission voted at their regular meeting on February 21, 2006 to direct staff to prepare a resolution to approve your request in Zoning Case No. 721 and shall be confirmed in the draft resolution that is being prepared. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at an upcoming meeting on March 21, 2006 and make its final decision on your application at that meeting. Please do not commence any construction until after the Planning Commission's decision is reviewed by the City Council, as described below. Please also be advised that building permit is required for the trellis and barbecue. The Los Angeles County Building and Safety Department will not issue building permits unless the project has been approved by RHCA and the City. The findings and conditions of approval of the draft resolution will be forwarded to you before the Planning Commission meeting. The decision shall become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (Section 17.54.010(B) of the Rolling Hills Municipal Code). Should there be an appeal, the Commission's decision will be stayed until the Council completes its proceedings in accordance with the provisions of the Municipal Code. As stated above, the Planning Commission's action taken by resolution approving the development application is scheduled for Tuesday, March 21, 2006. That action, accompanied by the record of the proceedings before the Commission, is tentatively scheduled to be placed as a report item on the City Council's agenda at the Council's regular meeting on Monday March 27, 2006. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. Sinqerely, Ycl anta Schwartz, Planning Director @Printed or Recyrlr,d Matthew & Angela McConaughy 15 N. Middleridge Lane Rolling Hills, Ca 90274 310-541-8310 January 12, 2006 To: City of Rolling Hills Officials rOrMq FEB 2 I 2006 By CITY OF ROLLING HILLS We live right next door to the Post family, on the south side, and closest to the pergola in question. We have reviewed and evaluated both the placement and the aesthetics of the pergola, and we have the following opinion: It does not have any negative impact whatsoever, and in fact, we believe that it is enhancement for their property and our property as well. We believe it is appropriately placed, and is aesthetically pleasing from all vantage points on our property. We urge those evaluating a variance in this case to grant a variance for this enhancement to the neighborhood and our property. Matthew McConaughy (aKc G�1�0.uYUJ Angela cConaugh