329, Remodel existing SFR & garage,, CorrespondenceD�
April 5, 1993
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Attention: Lola Ungar
Principal Planner
Re: 37 Crest Road West (Lot 241-A-3-MS)
Dear Ms. Ungar:
paw
APR 061993
CILY 06 HILLS
We are submitting our two (2) sets of building plans
and plot plans as you requested for your consideration.
Everything has been built to code using quality
construction materials to match the existing barn. There are
existing trees and mature shrubs on both sides of the structure.
The roof, siding, paint and trim match the existing barn.
It was not our intention to do anything contrary to
building ordinances. The addition was built primarily as a new
watertight entrance/storage to the existing barn. The old
entrance allowed water to flow into the loft, flooding our hay
and grain. Since its construction, we have had no further water
problems. No gas, water or electricity was installed. The need
for plans and permits never entered our mind -- our thoughts
being preoccupied with the problems created by this seasons heavy
rains. We wanted the new entrance to adhere to building codes,
as does the rest of the barn. We apologize for our bad judgment
and will do what is reasonably necessary to "legalize" this new
entrance.
Since
hrista Hawkins
37 Crest Road West
Rolling Hills, California 90274
cc: Mr. Craig Nealis, City Manager
Mr. Michael Jenkins, City Attorney
Ms. Peggy Minor,
Rolling Hills Community Association Manager
Ms. Lata Thakar and Mr. Rafael Bernal,
L.A. County Department of Public Works,
Building and Safety Division
•
£1y `eo !f.•,.g Jh//6
March 11, 1993
Mr. and Mrs. Roger Hawkins
37 Crest Road West
Rolling Hills, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
SUBJECT: ILLEGAL CONSTRUCTION AT 37 CREST ROAD WEST (LOT 241-A-3 MS)
Dear Mr. and Mrs. Hawkins:
As discussed in our telephone conversation with you on March 9, 1993, the City
has been notified that an illegal addition to your barn was constructed without
a building permit.
You are in violation of the Rolling Hills Municipal Code Section 15.04.010 and Los
Angeles County Building Code Section 301.(a) (Permits Required) states that, "No
person, firm or corporation shall erect, construct, enlarge, alter, repair, remove,
connect or demolish any building, structure, or automatic fire extinguishing
system regulated by Chapter 38, or perform any grading or cause the same to
be done, without first obtaining a separate permit for each such building,
structure, automatic fire -extinguishing system, or grading from the building
official."
You are formally requested to provide 2 sets of a plot plan and building plans
within 30 days of receipt of this letter to the City of Rolling Hills and the Lomita
Office of the County's Building & Safety Division or remove the illegal structure.
You may call me at (310) 377-1521 if you have any questions. Your cooperation
is appreciated.
Sincerely,
PRINCIPAL PLANNER
cc: Mr... Craig _Nealis,..,City Manager
Mr. Michael Jenkins, City Attorney
Ms. Peggy Minor, Rolling Hills Community Association Manager
Ms. Lata Thakar and Mr. Rafael Bernal, L.A. County Department of Public
Works, Building and Safety Division
Printed on Recycled Paper.
•
eily `i? fl•,.y JJt/f6
GODFREY PERNELL
Mayor
GORDANA SWANSON
Mayor Pro Tem
THOMAS F. HEINSHEIMER
Councilman
GINNY LEEUWENBURGH
Councilwoman
JODY MURDOCK
Councilwoman
Mr. & Mrs. Roger Hawkins
4600 Rollando Drive
Rolling Hills Estates, CA 90274
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377-1521
October 14, 1986
Dear Mr. & Mrs. Hawkins,
This letter is to serve as official notice that at the
September 22, 1986 City Council Meeting, the Council sustained
your appeal of the decision of the Planning Commission, which
denied your request for a Variance for encroachment into side
yard setback and established front yard, as shown on the plan
submitted for Zoning Case No. 329. At the City Council's
October 14, 1986 Meeting, the Council approved Resolution
No. 555, approving a Variance in Zoning Case No. 329, subject
to the conditions set forth below:
1. Prior to the issuance of building permits, the
applicant offer the recorded easements (Final Map
§29408) for dedication to the Rolling Hills Community
Association.
2. The applicant is required to remove the fences which
are currently located in the easement, or apply to the
Rolling Hills Community Association for a license
agreement for permission to utilize a portion of the
easements for placement of the fences, or relocate the
fences to the Rolling Hills Community Association
trail easement lines.
An acceptance form, as required by Ordinance No. 207, is
enclosed. Please complete the form, have the signature(s)
notarized, and forward it to the County Recorder's office, Room
15, 227 N. Broadway, Los Angeles, CA 90012, with a check in the
amount of $7.00. When the Affidavit of Acceptance, duly executed
and recorded, has been returned to the City, the Los Angeles County
Department of Building and Safety will be notified that a permit
can be issued.
Page 2
411 October 14, 1986
Please call this office if you have any questions.
Sincerely,
tva./.6e_
Terrence L. Belanger
City Manager
TLB:gb
Enclosures: Council Minutes of 9-22-86/10-13-86
Resolution No. 555
Affidavit of Acceptance
•
ROGER E. HAWKINS•
LAURENCE H. SCHNABEL*
GEORGE M. LINDAHL
KELLEY K. BECK
JON P. KARDASSAKIS
WILLIAM E. KEITEL
KAREN D. UNTIEDT
DANIEL E. CASAS
MICHAEL M. YOUNGDAHL
FRANK R. ACUNA
FRANKLYN W. PERKOVICH
JOSE R. BENAVIDES
.A PROFESSIONAL CORPORATION
HAWKINS, SCHNABEL & LINDAHL
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
355 SOUTH GRAND AVENUE, 41ST FLOOR
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 687-7777
October 8, 1986
CABLE ADDRESS
"HASLIN'•
TELEX
183934
TELECOPIER
(213) 621-2807
WRITER'S DIRECT NUMBER
(213) 687-7700
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Attention: City Council
Terrence L. Belanger, City Manger
Community Association Board of Directors
Architectural Committee
Planning Commission
Peggy Minor, Association Manager
Re: Zoning Case No. 329
37 Crest Road West
Ladies and Gentlemen:
My family and I would like to take this opportunity to
express our appreciation for your kind assistance in considering
the referenced zoning case. Although from time to time there
were differences over certain of our variance requests, it was
gratifying to have those differences resolved in the very
professional way they were handled. I think you will find the
improvements to be a benefit to the entire community. Again, our
thinks to each of you.
Very,.truly yours,
Roger E. Hawkins
REH:osb
REH\4g
131/E@REIVg0
OCT 091986
City Of Rolling Hills
By
(213) 375-2556
FROM L. A. 772-1555
RAYMOND L. QUIGLEY
DONALD E. DAWSON
ROSS N. BOLTON
CONSULTING ENGINEERS
SOUTH BAY ENGINEERING CORPORATION
304 TEJON PLACE
PALOS VERDES ESTATES, CALIFORNIA 90274
September 19, 1986
Mrs. Roger Hawkins
RE: Lot 3, Tract No. 29408
37 Crest Road West
Rolling Hills, CA
Dear Mr. & Mrs. Hawkin .
When we surveyed e above referenced property for Mason Rose
in October 19:e, we located a fence along the westerly property
fence appears to be approximately one foot inside
the Rose property line.
Also, we partially located a fence along the easterly property
line. This fence appears to be approximately four feet inside
the property line.
If you have any questions regarding, this matter, please contact
me.
Very truly yours,
SOUTy BAY ENGINEERING CORPORATION
o
Harry E.,: Tubbs
HET: kk ,
c
•
ROGER E. HAWKINS*
LAURENCE H. SCHNABEL*
GEORGE M. LINDAHL
KELLEY K. BECK
JON P. KARDASSAKIS
WILLIAM E. KEITEL
KAREN D. UNTIEDT
DANIEL E. CASAS
MICHAEL M, YOUNGDAHL
FRANK R. ACUNA
FRANKLYN W. PERKOVICH
JOSE R. BENAVIDES
.A PROFESSIONAL CORPORATION
HAWKINS, SCHNABEL & LINDAHL
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
355 SOUTH GRAND AVENUE, 4)ST FLOOR
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 687-7777
September 4, 1986
Members of City Council
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Re: Zoning Case No. 329
Dear City Council Members:
CABLE ADDRESS
"HASLI N"
TELEX
183934
TELECOPI ER
(213) 621-2807
WRITER'S DIRECT NUMBER
(213) 687-7700
This letter is submitted to summarize the principal
reasons we feel the referenced variances ought to be granted.
EXCEPTIONAL OR EXTRAORDINARY CIRCUMSTANCES:
37 Crest Road West is an RAS-1 size parcel located in
an RAS-2 zone. Its net size is nearly 10,000 square feet smaller
than a minimum size RAS-2 lot. The residence is positioned off
the longitudinal midline of the property at a particularly narrow
spot roughly 200 feet wide. From the day the City allowed the
Richard Colyear lot split which created this parcel, the
residence was positioned over 200 feet back from Crest Road. The
west end of the house is 44 feet from the property line. The
east end of the house is 16 feet from the property line. In the
rear, the lot dwindles in size with that size further diminished
in usable space by a swimming pool and extensive decking (48' x
68') and large patio area located outside the living room and
dining room. In addition to the limited rear yard space
available for development, the lot slopes in this part of the
property. These circumstances combine to landlock this house and
prevent optimum use of it and the surrounding property for so
long as RAS-2 building restrictions are applied to this non RAS-2
size lot creating the hardship from which we seek relief.
Contrary to plans of the property prepared in
connection with variances sought by a previous owner, former City
Mayor Mason Rose, the house measures 2417 square feet and not
3277 square feet. Its plumbing and electrical systems are in
deplorable condition; however, the structure is basically sound
Members of City Council
Zoning Case No. 329
September 4, 1986
Page Two
and the roof nearly new. The property is bordered by mature
shrubs and trees which are to remain as part of the proposed
remodel. A below street level school yard is located across the
street. The property is bordered on the west by a bridle trail
and, beyond that, a large paved parking area for the neighbor's
home. To the east, the property is bordered by a 25 foot roadway
easement and beyond that a several acre corral. North of the
corral is Colyear's front yard tennis court. To the rear (north)
of our property is a several acre paddock with barn.
We bought the property to restore and remodel the
residence doing, in the process, as little violence to the
existing structure as possible. To the rear of the site, we
planned to construct a barn and paddocks to accommodate our
several horses, establish a large vegetable garden and orchard,
provide a containment area for our dogs and poultry and create a
play area for our six year old son safely removed from the busy
thoroughfare that is Crest Road and the likewise heavily used
Colyear roadway which parallels the east boundary of the
property.
To anyone intent on improving the property, both the
predicament its configuration posed and the solution to that
predicament is clear. Expansion of the house has to be to the
west and east with as much of the development forward into the
spacious front yard where over two-thirds of the unused property
is situated. The limited available space at the back of the
property has to be preserved at all costs since any further
development rearward jeopardized construction of adequate horse
facilities, garden area, and the like.
We had every reason to believe that these improvements
would be unhesitatingly allowed. We had been told that the
property was a blight in the City and that the City would work
with us in the remedial steps we planned to take. We were shown
plans that had been approved in October 1981 for Rose.
Parenthetically, these plans depicted 20 foot and not 35 foot
side yard setback standards. Patterning our own scaled down
version of what Rose had successfully proposed, we submitted our
variance requests to the Planning Commission confident it would
routinely reaffirm its earlier approval. Like Rose, we asked for
approval to construct a master bedroom on the west end of the
house which would go no further than 20 feet from the property
line. To the east, we proposed adding a garage that would extend
no further into the side yard than did the existing residence,
i.e., 16 feet from the property line. The approved Rose
proposal, to the contrary, involved building a garage and paved
parking and paved recreational area within 12 feet of the
ti
• •
Members of City Council
Zoning Case No. 329
September 4, 1986
Page Three
property line and even violated the 50 foot front yard setback
restrictions. Our proposal, on the other hand, remained 120 feet
back from Crest Road. We asked for less than five foot
encroachments into the front yard for portions of the existing
main residence -- the object being to increase some of the room
size and renew the front of the house. Permission to expand the
living room and dining room rearward into an area already
developed as patio space was also sought. We did, however,
eliminate the cathedral ceilings that Rose's proposal contained
due to our understanding that the City was displeased with that
part of Rose's plan. Lastly, we asked for a ten foot variance to
build a four stall barn, hay storage and tack room facility.
Our plan carefully preserved the feeling of open
space. It did not substantially intrude into the setbacks
imposed on RAS-1 size lots but did involve some encroachment if
the more onerous RAS-2 setbacks were rigidly applied.
The same Planning Commission that approved the Rose
proposal denied each and every variance we requested.
Demolishing the house or substantial portions of it was suggested
by one member "since it is in bad shape anyway." Another
Commissioner theorized that we could attach the garage 22 feet
further to the west and construct the master bedroom at the back
of the house. Aside from the fact that our architect tells us
such a design would constitute an architectural monstrosity, it
would also violate the County building codes by eliminating
half the windows in the house. It would require cutting the
foundation in half to allow for running plumbing lines to the
front yard septic tank, involve demolition of the near new roof,
and would entail extensive grading and excavation by building on
the one area of the lot that is significantly sloped. It would
also result in having the barn positioned within a few feet of
the master bedroom. Although my wife and I are diehard horse
people, there is absolutely no way we intend to sleep with our
equines. It would also involve either eliminating a much needed
garage or building it within inches of the front door.
Relocation of the existing driveway would then become an absolute
necessity. In short, the suggestions of the Commissioners ignore
the legitimate development problems any owner faces with this
property.
PRESERVATION AND ENJOYMENT OF SUBSTANTIAL PROPERTY RIGHT:
The Planning Commission has, in denying our variance
requests, effectively evicted us from our property. When you
combine the long narrow configuration of the property and the
placement of the house at its near narrowest point with RAS-2
Members of City Council
Zoning Case No. 329
September 4, 1986
Page Four
restrictions imposed on this RAS-1 size lot, and allow no
variances of the types requested, we have a very real hardship
and are precluded from the preservation and enjoyment of
substantial property right.
In October of 1981, the Planning Commission clearly
found exceptional or extraordinary circumstances in connection
with the application for variance by Rose. Other homeowners in
the City are granted variances in similar hardship situations.
Fairness demands we be accorded similar treatment.
GRANTING VARIANCE NOT MATERIALLY DETRIMENTAL:
Neither the public welfare nor the property nor
improvements in the vicinity will be adversely affected by the
proposed additions. To the contrary, the proposal would
eliminate existing health and safety hazards. The garage would
provide a much needed noise buffer from the Colyear roadway. A
vintage, if neglected, Rolling Hills residence would have been
restored and remodeled in a way which retains its rural look.
The sense of open space in all directions would be preserved. No
one's view would be impaired. No one's access to property or to
bridle trails or to easements would be compromised in the
slightest degree.
As developed, the majority of the residence would
remain anywhere from 150-200 feet from Crest. The house would be
well under 6000 square feet in size. A professional quality
horse facility would be constructed where none now exists. The
property would be beautifully landscaped, all to the benefit of
neighboring residents and the community in general.
There is no legitimate basis for denying the requested
variances and very good reasons, based on the hardship we face,
to have our sensible solution approved.
Very truly yours,
Roger and Christa Hawkins
cc: Terrence L. Belanger
City Manager
REH\9i
•
oty ` a tens wee
TERRENCE L. BELANGER
CITY MANAGER
Mr. & Mrs. Roger Hawkins
37 Crest Road West
Rolling Hills, CA 90274
Dear Mr. & Mrs. Hawkins:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS. CALIF. 90274
(213) 377.2554
August 26, 1986 j
Please find enclosed a copy of the Findings
and Report of the Planning Commission of the City
of Rolling Hills for Zoning Case No. 329.
Sincerely,
l
Terrence L. :-Langer
City Manager
TLB:mz
3
• •
August 20, 1986
City Council
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Subject: Zoning Case No. 329
Members of City Council:
Pursuant to Section 17.32.140 of the Municipal Code, this
is to appeal the decision of the Planning Commission denying the
Request for Variance for residence additions on Lot 241-A3-MS
located at 37 Crest Road West on the grounds that there was
error and/or abuse of discretion by the Planning Commission and/
or the decision of the Planning Commission is not supported by
the evidence in this matter. This appeal is based upon, among
other things, the following grounds.
First, there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the in-
tended use that do not apply generally to the other property or
class of use in the same vicinity and zone.
The subject property is unlike any other property in the
same vicinity and zone. The City created this lot in 1970 when
it approved a subdivision requested by Richard Colyear. In
doing so, the City effectively created a non -conforming RAS-1
size lot and residence among surrounding RAS-2 properties.
Specifically, the lot is 7000 square feet smaller than the
minimum size for an RAS-2 property. Prior to our purchase
of the property, we examined the City's file on the location
and determined that a plan virtually identical to our proposal
had been submitted by its former owner, Mason Rose, in October
of 1980. The plans showed 20-foot side yard and 50-foot front
yard setbacks. In spite of the fact that the additions proposed
by then City Mayor Rose encroached 10-feet into the easement on
the east side and into the 50-foot front yard setback, his plan
was, in these variance particulars, approved.
Subsequent to our purchase, we learned that this RAS-1
size lot is burdened with RAS-2 side yard setback restrictions
and that the front of the house cannot be expanded forward of
its existing walls without first securing a variance. In
effect, this already narrow lot (particularly where the house
• •
City Council
August 20, 1986
Page 2
is situated) is reduced in width for development purposes by
70-feet. The house is not centered on the longitudinal midline
of the property and, therefore, as it stands already violates
the 35-foot side yard setback requirements imposed on much
larger RAS-2 zoned properties that surround it. Moreover,
even though the house is positioned roughly 200-feet away from
Crest Road, it cannot be developed into this 200-foot front
yard without a variance. In the proverbial nutshell, this
house cannot be added onto in any direction without a variance
because of the City's imposition of RAS-2 setback restrictions
on this actual RAS-1 property and because each and every
variance we requested has been capriciously denied by the
Planning Commission -- even though our request is a radically
scaled down version of a plan previously approved.
Second, 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.
The blanket denial of our requested variances prohibits
the development of this property in any meaningful way and
precludes us from utilizing the property in a way which meets
our needs. So far as we can determine, all the other property
owners in the same vicinity and zone have been allowed to
develop and enjoy their properties even when variances have
obviously been sought and granted.
The inability to develop this distressed property in
a way we understood it could be permissibly developed before
we bought it, makes the property virtually useless for our
purposes and creates a significant financial hardship, as well.
Third, the granting of such variances will not be
materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone
in which it is located.
Absolutely none of the proposed additions will inter-
fere with anyone's views, access to properties, access to
trails, or access to other easements or roads. To the contrary,
the additions will dramatically enhance and add value to the
surrounding properties and will convert what is now a City
eyesore into residence which does credit to the City.
Although for cost considerations it is imperative that
we be allowed to maintain substantially all of the existing
structure as the nucleaus of the house (particularly the nearly
• •
City Council
August 20, 1986
Page 3
new roof), the structure now has health and safety hazards that
would be corrected contemporaneous with the remodel.
Moreover, construction of the proposed garage will
serve as a much needed noise buffer from the heavily used
roadway easement allowed by the City to Richard Colyear
whenit approved his lot split. Had the land now dedicated
to that 25-foot roadway remained with the 37 Crest Road property,
the hardships we now unexpectedly face would be minimized.
Deadening the noise at the property site is needed due to
the property's relative proximity to not only Richard Colyear's
thoroughfare but Crest and Crenshaw as well. Furthermore,
the presence of both mature trees and hedge row plantings
on both our property and Richard Colyer's property make the
proposed garage addition virtually undetectible from Richard
Colyer's roadway. Indeed, none of the proposed additions are
visible to any other residence.
In conclusion,the denial of our variance requests has
and continues to work a severe economic and emotional hardship
on our family. From our perspective, it is a classic Catch 22
situation with potentially devastating consquences unless our
appeal from this variance denial is granted.
Respectfully submitted,
Hawkins
/01
Christa M. Hawkins
•
City ot Rolling
Mr. and Mrs. Roger Hawkins
37 Crest Road West
Rolling Hills, CA 90274
Dear Mr. and Mrs. Hawkins:
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING MILLS. CALIF. 90274
(213) 377-1521
August 20, 1986
Subject: Zoning Case No. 329 e
This letter is to serve as official notice, pursuant to
Section 17.32.090 of the Rolling Hills Municipal Code, that a
Request for Variance for residence additions encroaching into
both side yards and established front yard on Lot 241-A3-MS
located at 37 Crest Road West was denied by the Planning
Commission, at a regular meeting on Tuesday, August 19, 1986,
with findings that the proposed additions do not meet the
requirements of the Zoning Ordinance in that there are not ex-
ceptional 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 use of in the same vicinity or
zone Section 17.32.030, and that sufficient hardship has been
demonstrated for granting of a Variance. This notice shall
serve as a copy of the decision of the Planning Commission.
A formal report of the Commission's action as required by
Section 17.32.086 of the Municipal Code is contained in the
minutes which will be available to you after approval by the
Planning Commission.
The decision of the Planning Commission may be appealed
by the applicant, pursuant to Section 17.32.140 of the Municipal
Code. The City Council of the City of Rolling Hills will be
reviewing the action of the Planning Commission on Monday,
August 25, 1986, in the Council Chambers at City Hall, pursuant
to Section 17.32.140 of the Municipal Code to determine whether
the action of the Planning Commission should be appealed by
the Council.
Sincerely,
Terrence L. Belang
City Manager
TLB:mz
August 20, 1986
City Council
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Subject: Zoning Case No. 329
Members of City Council:
Pursuant to Section 17.32.140 of the Municipal Code, this
is to appeal the decision of the Planning Commission denying the
Request for Variance for residence additions on Lot 241-A3-MS
located at 37 Crest Road West on the grounds that there was
error and/or abuse of discretion by the Planning Commission and/
or the decision of the Planning Commission is not supported by
the evidence in this matter. This appeal is based upon, among
other things, the following grounds.
First, there are exceptional or extraordinary circum-
stances or conditions applicable to the property or to the in-
tended use that do not apply generally to the other property or
class of use in the same vicinity and zone.
The subject property is unlike any other property in the
same vicinity and zone. The City created this lot in 1970 when
it approved a subdivision requested by Richard Colyear. In
doing so, the City effectively created a non -conforming RAS-1
size lot and residence among surrounding RAS-2 properties.
Specifically, the lot is 7000 square feet smaller than the
minimum size for an RAS-2 property. Prior to our purchase
of the property, we examined the City's file on the location
and determined that a plan virtually identical to our proposal
had been submitted by its former owner, Mason Rose, in October
of 1980. The plans showed 20-foot side yard and 50-foot front
yard setbacks. In spite of the fact that the additions proposed
by then City Mayor Rose encroached 10-feet into the easement on
the east side and into the 50-foot front yard setback, his plan
was, in these variance particulars, approved.
Subsequent to our purchase, we learned that this RAS-1
size lot is burdened with RAS-2 side yard setback restrictions
and that the front of the house cannot be expanded forward of
its existing walls without first securing a variance. In
effect, this already narrow lot (particularly where the house
:yl
City Council
August 20, 1986
Page 2
is situated) is reduced in width for development purposes by
70-feet. The house is not centered on the longitudinal midline
of the property and, therefore, as it stands already violates
the 35-foot side yard setback requirements imposed on much
larger RAS-2 zoned properties that surround it. Moreover,
even though the house is positioned roughly 200-feet away from
Crest Road, it cannot be developed into this 200-foot front
yard without a variance. In the proverbial nutshell, this
house cannot be added onto in any direction without a variance
because of the City's imposition of RAS-2 setback restrictions
on this actual RAS-1 property and because each and every
variance we requested has been capriciously denied by the
Planning Commission -- even though our request is a radically
scaled down version of a plan previously approved.
Second, 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.
The blanket denial of our requested variances prohibits
the development of this property in any meaningful way and
precludes us from utilizing the property in a way which meets
our needs. So far as we can determine, all the other property
owners in the same vicinity and zone have been allowed to
develop and enjoy their properties even when variances have
obviously been sought and granted.
The inability to develop this distressed property in
a way we understood it could be permissibly developed before
we bought it, makes the property virtually useless for our
purposes and creates a significant financial hardship, as well.
Third, the granting of such variances will not be
materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone
in which it is located.
Absolutely none of the proposed additions will inter-
fere with anyone's views, access to properties, access to
trails, or access to other easements or roads. To the contrary,
the additions will dramatically enhance and add value to the
surrounding properties and will convert what is now a City
eyesore into residence which does credit to the City.
Although for cost considerations it is imperative that
we be allowed to maintain substantially all of the existing
structure as the nucleaus of the house (particularly the nearly
City Council
August 20, 1986
Page 3
new roof), the structure now has health and safety hazards that
would be corrected contemporaneous with the remodel.
Moreover, construction of the proposed garage will
serve as a much needed noise buffer from the heavily used
roadway easement allowed by the City to Richard Colyear
when it approved his lot split. Had the land now dedicated
to that 25-foot roadway remained with the 37 Crest Road property,
the hardships we now unexpectedly face would be minimized.
Deadening the noise at the property site is needed due to
the property's relative proximity to not only Richard Colyear's
thoroughfare but Crest and Crenshaw as well. Furthermore,
the presence of both mature trees and hedge row plantings
on both our property and Richard Colyer's property make the
proposed garage addition virtually undetectible from Richard
Colyer's roadway. Indeed, none of the proposed additions are
visible to any other residence.
In conclusion,. the denial of our variance requests has
and continues to work a severe economic and emotional hardship
on our family. From our perspective, it is a classic Catch 22
situation with potentially devastating consquences unless our
appeal from this variance denial is granted.
Respectfully submitted,
. Hawkins
Christa M. Hawkins
ROGER E. HAWKINS*
LAURENCE H. SCHNABEL*
GEORGE M. LINDAHL
KELLEY K. BECK
JON P. KARDASSAKIS
WILLIAM E. KEITEL
KAREN D. UNTIEDT
DANIEL E. CASAS
MICHAEL M. YOUNGDAHL
FRANK R. ACUNA
FRANKLYN W. PERKOVICH
JOSE R. BENAVIDES
"A PROFESSIONAL CORPORATION
HAWKINS, SCHNABEL & LINDAHL
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
LAWYERS
IBM TOWER - 415T FLOOR
355 SOUTH GRAND AVENUE
LOS ANGELES, CALIFORNIA 90071
TELEPHONE (213) 687-7777
June 27, 1986
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Attn:
Terrence L. Belanger,
Planning Commission
Architectural Committee
Peggy Minor, Association
Ladies and Gentlemen:
City Manager
Manager
JUN 3 0 1986
CITY OF ROLLING HILLS
$y...............«..,.r..
CABLE ADDRESS
"HASLIN"
TELEX
183934
TELECOPIER
(213) 621-2807
WRITER'S DIRECT NUMBER
(213) 687-7700
My family has just purchased 37 Crest Road West -- a
distressed property located three lots inside the Crenshaw Gate.
The purpose of this letter is to solicit your help in moving
quickly to remedy a host of unhealthy and dangerous conditions
which we have discovered with the residence.
The property was purchased by us in an "as is" condition.
We have learned to our dismay that the "as is" condition in-
cludes exposed electrical wiring throughout the house; exposed
sewage drain pipes; exposed studs and rafters; a single working
bathroom which can be flushed a maximum of twice daily before
backing up the septic tank; a heater which does not vent to
the outside thus permitting the emission of carbon monoxide
fumes into the living quarters; numerous inoperative appliances;
broken windows, plaster and doors; wildlife domiciled in the
attic; termite infestation; etc. Moreover, the water main
leading to the house is so badly rusted that it has sprung leaks
causing portions of the front yard to be partly flooded.
We have applied for a variance to allow a beautiful
remodel of the existing residence and construction of a barn
for the loves of our life -- our horses. We find ourselves
in a race against the continuing deterioration of the property
which threatens not only our safety but the safety of our new
City of Rolling Hills
June 27, 1986
Page 2
neighbors and community, not to mention a rainy season that will
be upon us a few short months away.
We submitted our request for a variance involving minor
deviations into setbackrequirements on June 26. We understand
from the helpful Association staff that our request will be
considered by the Architectural Committee and Planning Commis-
sion. We understand the Planning Commission customarily holds
a general public hearing at which the proposed variance is
discussed. Thereafter, the Planning Commission members schedule
a field trip to the premises for an on -site inspection. Absent
resident objection and with the approval of the Architectural
Committee and Planning Commission, the improvements can get
underway subject to obtaining requisite permits.
Because of the highly unusual circumstances, we urgently
request the Planning Commission make an exception to its normal
procedure by scheduling its field trip in advance of the general
public meeting. Thus, if there are no objections to the requested
variance, we can institute remedial steps without unnecessary
delay. Your anticipated consideration of this request is greatly
appreciated.
Very truly yours,
Roger E. Hawkins
REH:reh