506, Addition to master bedroom wit, Correspondence•
ti tr►�� it 0 ih INCORPORATES JANUARY 24, 1957
CERTIFIED MAIL
January 25, 1994
Mr. and Mrs. William R. Lennartz
63 Crest Road East
Rolling Hills, CA 90274
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377.1521
FAX: (310) 377-7288
SUBJECT: APPEAL PERIOD AND AFFIDAVIT OF ACCEPTANCE FORM,
ZONING CASE NO 506, 63 CREST ROAD EAST (LOT 70-B-2-MS)
RESOLUTION NO. 94-2
Dear Mr. and Mrs. Lennartz:
This letter shall serve as official notification that Zoning Case
No. 506 was APPROVED by the Planning Commission and the enclosed
resolution was approved on January 19, 1994 at an adjourned regular
meeting. The Planning Commission's decision was reported to the
City Council at their regular meeting on January 24, 1994.
The approval will become effective:
(1) Thirty (30) days after adoption of the Planning
Commission's resolution if no appeals are filed within
that time period (Section 17.54.010(B) of the Rolling
Hills Municipal Code attached), AND
(2) An Affidavit of Acceptance Form and the subject
resolution must be filed by you with the County Recorder.
We have enclosed a copy of RESOLUTION NO. 94-2, specifying the
conditions of approval set forth by the Planning Commission and the
approved Exhibit A Development Plan to keep for your files. Once
you have reviewed the Resolution, please complete the enclosed
AFFIDAVIT OF ACCEPTANCE FORM, have the signature(s) notarized, and
forward the completed form and the Resolution to:.
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
Include a check in the amount of $5.00 for the first page and $3.00
for each additional page.
The City will notify the Los Angeles County Building & Safety
Division to issue permits only when the Affidavit of Acceptance is
received by us and any conditions of the Resolution required prior
to issuance of building permits are met.
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PAGE 2
Please feel free to call me at (310) 377-1521 if you have any
questions.
SINCERELY,
LOLA UNGA
PRINCIPAL PLANNER
ENCLOSURES: RESOLUTION NO.94-2, EXHIBIT A DEVELOPMENT PLAN,
AFFIDAVIT OF ACCEPTANCE FORM, AND APPEAL SECTION OF
THE ROLLING HILLS MUNICIPAL CODE.
cc: Mr. Douglas McHattie
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•
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Ci1, `RoPens�e�
STATUS OF APPLICATION
January 11, 1994
Mr. and Mrs. William R. Lennartz
63 Crest Road East
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: Zoning Case No. 506, Request for a Variance to permit the
encroachment of master bedroom additions into the front
yard setback at an existing single family residence at
63 Crest Road East (Lot 70-B-2-MS)
Dear Mr. and Mrs. Lennartz:
Your application for Zoning Case No. 506 has been set for public
hearing consideration -by the Planning Commission at their meeting
on Saturday, January 15, 1994 at 63 Crest Road East, your
residence.
The meeting will begin at 7:30 AM at 14 Upper Blackwater Canyon
Road. Do not expect the Commission at 7:30 AM, but be assured that
the field trip meeting will take place before 11 AM.
The site must be prepared with a full-size silhouette of the
proposed project showing the roof ridge and bearing walls. We have
enclosed Silhouette Construction Guidelines.
The staff report for this project will be available at the City
Hall after 3:00 PM on Wednesday, January 12, 1994. Please arrange
to pick up the staff report to preview it prior to the hearing.
The owner and/or representative should be present to answer any
questions regarding the proposal.
Feel free to call me at (310) 377-1521 if you have any questions.
Sincerely,
LOLA M. UNGAR
PRINCIPAL PLANNER
eityO /O//flg _ _ INCORPORATD JANUARY 24, 1957
�
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(213) 377.1521
FAX (213) 377.7288
SILHOUETTE CONSTRUCTION GUIDELINES,
1. When required by 'the Planning Commission or City Council, a
silhouette of proposed construction should be erected for the
week preceding the designated Planning Commission or City
Council meeting. The Silhouette shall not remain erected for
a period longer than one week unless directed by the Planning
Commission or City Council.
2. Silhouettes should be constructed with 2" x 4" lumber.
Printed boards are not acceptable.
3. Bracing should be provided where possible.
4. Wire, twine or other suitable material should be used to
delineate roof ridges and eaves.
5. Small pieces of cloth or flags should Be attached to the wire
or twine to aid in the visualization of the proposed
construction.
6. The application may be delayed if inaccurate or incomplete
silhouettes are constructed.
7. If you have any futher questions contact the Planning
Department Staff at (213) 377-1521.
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SECTION
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PLAN
411
F.:E it
Verna Barnard Kelly •
365 La; Palmas Drive
Santa Barbara, California 93110
January 20, 1994
Mr. Steve Giannetti
12225 Dorothy St.
LO5 ,118eles, CA 90049
Dear Mr. Giannettl:
Regarding the barn located at 63 Crest Road East
in Rolling Hills, the second floor was always
living space. The house and barn were started
approximately August 1955 and completed sometime
in 1956. During the time that my first husband
James G. .Barnard and I lived at that address
the ,second story was always in use as living
quarters.
i cerely,
erna BAr. nard gd11y
GLENN R. WATSON
ROBERT G. BEVERLY
HARRY L GERSHON
DOUGLAS W. ARGUE
MARK L LAMKEN
ARNOLD SIMON
ERWIN E. AOLER
DAROLD D. PIEPER
FRED A. FENSTER
ALLEN E. RENNETT
STEVEN L DORBEY
WIL IAM L BTRAUSZ
ROBERT M. GOLDFRIED
ANTHONY B. DREWRV
MITCHELL E. ABBOTT
TIMOTHY L. NEUPELD
ROBERT F. DE METER
GREGORY W. BTEPANICICH
ROCHELLE BROWNE
DONALD STERN
MICHAEL JENKINS
WILLIAM B. RUDELL
DAVID L COHEN
QUINN M. BARROW
CAROL W. LYNCH
COLEMAN J. WALSH. JR.
JOHN A. BELCHER
JEFFREY A. ROBIN
GREGORY M. KUNERT
SCOTT WEIBLE
THOMA3 M. JIMBO
MICHELE BEAL BAGNERIS
AMANDA F. BUSSKIND
ROBERT C. CECCON
SAYRE WEAVER
WILUAM K. KRAMER
STEVEN H. KAUFMANN
MARSHA JONES MOUTRIE
GARY E. GANS
JOHN J. HARRIS
KEVIN G, ENNIS
ROBIN D. HARRIS
MICHAEL ESTRADA
LAURENCE S. WIENER
DAVID P. WAITE
CHRIS71 HOGIN
STEVEN R. ORR
DEBORAH R. HAKMAN
SCOTT K. BHINTANI
MICHAEL G. COLANTUONO
MEUSSA A. CHAITIN
JACK B. SHOLKOPF
B. TLDEN KIM'
DARYL T. TESHIMA
RUBIN D. WEINER
SASKIA T. ASAMURA
ADAM F. STREISAND
TAYLOR L FITZMAURICE
DAVID M. FLEISHMAN
KAYSER O. SUME
CRAIG A. STEELE
ROBERT M. MAHLOWITZ
KURTISS L GROSSMAN
MICHELLE A CURTIS
DAWN R. ANDREWS
T. PETER PIERCE
MARC D. KIRSHBAUM
RICHARDS, WATSON & GERSHON
ATTORNEYS AT LAW
A PROPESRIONAL CORPORATION
January 21, 1994
Mr. Craig Nealis
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Reference:
Dear Craig,
o @Tava�
JAN 2 4 1994
CITY OF ROLLING HILLS
D
RICHARD RICHARDS
(1916-1888)
THIRTY-EIGHTH FLOOR
333 SOUTH HOPE STREET
LOS ANGELES, CAUFORNIA 90071-1469
(213) 626-8484
TELECOPIER (213) 626-0078
1681478
OUR FILE NUMBER
R6980-00303
Proposed Conversion of Second Story Space at
the Residence of Mr. and Mrs. William R.
Lennartz, 63 Crest Road East
You requested that we provide advice as to whether the
owner of the above -mentioned property may convert a closet in an
existing habitable second story space into a bathroom.
We are informed that the residence at 63 Crest Road
East was originally constructed in 1955 with a 1,050 square foot
habitable second story space. Although this second story may
have violated the Rolling Hills Community Association CC&Rs, I am
informed by Lola Ungar, that the County Zoning Ordinance in
effect at that time did not prohibit two story residences.
According to Ms. Ungar, the first City Zoning Ordinance
prohibition on second story construction was enacted in 1960 as
Rolling Hills Ordinance No. 33.
Based upon these facts, the existing 1050 square feet
of habitable space in the second story was legally constructed
under the County's Code provisions at that time. However, with
the subsequent enactment of a prohibition on two story
construction, this second story space has become "nonconforming."
The property owners desire to convert approximately 48
square feet of the existing 1050 second story habitable space
from an existing closet to a bathroom.
0 RICHARDS, WATSON & GERSH
Mr. Craig Nealis
January 21, 1994
Page 2
Section 17.24.020 provides that a nonconforming
structure may continue to be used and maintained in accordance
with the requirements of Chapter 17.24. Paragraph A of Section
17.24.040 provides that a nonconforming structure may not be
expanded or altered in any way that would increase the
nonconformity.
Based upon the facts presented, you may reasonably
interpret the Municipal Code to conclude that the conversion of a
portion of the existing habitable second story from a closet to a
bathroom does not "increase the nonconformity" as long as the
total square footage of the habitable second story is not
increased. Thus, if the second story will remain 1,050 square
feet or smaller once the proposed bathroom is constructed, it is
reasonable to conclude that such conversion would not be illegal
under the City's Municipal Code.
This opinion is based upon the facts presented and set
forth above. If the facts are otherwise than specified herein,
this opinion will require reconsideration. Also, the conclusion
set forth above does not mean that this is the only reasonable
conclusion regarding the relevant Municipal Code provisions.
Lastly, this letter should not be interpreted as authorizing any
other portion of the existing residence or of any proposed
additions to it to include additional square feet of second story
habitable space.
If you have any questions regarding this matter, please
do not hesitate to contact me.
Very truly yours,
Kevin G. Ennis
Assistant City Attorney
cc: Lola Ungar, Principal Planner
Michael Jenkins, City Attorney
KGE:kge
1681478