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819, An extension of master bath, w, Resolutions & Approval ConditionsRESOLUTION NO. 2012-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). 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. Dominique Claessens with respect to real property located at 9 Portuguese Bend Road, Rolling Hills (Lot 74- RH) requesting a Variance to construct a 497 square foot addition, 155 square feet of which would encroach between 27 and 30 feet into the rear yard setback and to retain a 72 square foot shed in the rear setback. The majority of the existing residence, detached garage and stable and the entire guest house encroach into setbacks. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at their regular meetings on June 19 and July 17, 2012 and in the field on June 26, 2012. The applicants were notified of the public hearings 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 and her representative were in attendance at the hearings. Section 3. The property is zoned RAS-1 and is a corner lot. The property includes a 50-foot roadway easement along Portuguese Bend Road frontage and 30- foot roadway easement along Blackwater Canyon Road. The gross lot area is 73,747 square feet. The net lot area for development purposes is 44,875 square feet. The property is developed with a 3,658 square foot residence, 525 square foot free standing garage, 610 square foot swimming pool, 1,369 square feet guest house, 1,297 square foot stable, porches, a shed, playhouse, trellis, pool equipment area and service yard. No grading or further disturbance is required. The lot has been graded previously and is 100% disturbed. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. 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 Reso. 2012-14 1 9 Portuguese Bend Rd. owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. The applicant is requesting a Variance to construct an addition of which 155 square feet would encroach into the rear 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and the uses within it, prevent further expansion, except into the setback. In addition the proposed encroachment would be an infill of an existing trellis between the existing house and guest house. The Commission further finds that the configuration of the existing lot creates a hardship to improving the property, because the buildable area of the lot is in the rear. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties 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 zone. The encroachment permits the use of the. lot to the extent allowed for other properties with similar lot configurations. The addition is to a bathroom, which was constructed with the original house in the 1940's and it needs updating. The property was developed and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Development in the rear setback would allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow, and be behind, 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 meet the requirements of the City, although they are at the maximum permitted. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the proposed addition will be orderly, attractive and shall protect the rural character of the community. The proposed addition will not encroach into potentially future equestrian uses on the property. A suitable stable and corral exists on the site. The Planning Commission found that alternative design constitutes a hardship beyond the property owner's control. Reso. 2012-14 2 9 Portuguese Bend Rd. v 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 meet the requirements of the City, although they are at the maximum permitted. Section 6. 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 same vicinity. A Variance to Section 17.16.130 is required because it states that every lot in the RAS-1 zone shall have a rear setback of not less than 50 feet from the property line and shall be unobstructed. Section 17.16.030L allows sheds on the property and Section 17.16.200H states that sheds may not be located in setbacks. The applicant is requesting a Variance to retain a 72 square foot shed in the rear 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 this property that do not apply generally to other properties or class of uses in the same zone because the configuration of the existing structure and uses all of the structures are located in the rear and most encroach or wholly located in the rear setback. In addition the shed is considered a structure, which does not require building permits and therefore health and safety of residents or neighbors is not an issue. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties 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 zone. The encroachment permits the use of the lot to the extent that has been used for many years without any complaints from neighbors. The property was developed and subdivided at a time where few regulations applied, and through the years additions were permitted to also encroach into the setbacks. The Variance will permit the development of the property in a manner consistent with its previous development. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the properties or improvements in such vicinity and zone in which the property is located. Retaining the shed in its current location would allow the remaining portion of the lot to remain undeveloped, would not be visible from any street or neighbors. The shed is not counted towards structural or total coverage of the lot, therefore it does not add the mass to the property. Reso. 2012-14 3 9 Portuguese Bend Rd. D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be observed in that the shed is attractive and minimal in size and does not take away from the rural character of the community. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 819 to encroach with a 155 square foot addition into the rear setback and to retain a 72 square foot shed in the rear setback subject to the following conditions: A. The Variances 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 Variances 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 Code, the Zoning Code, including, but not be limited to undergrounding of utility requirements, roof construction requirements and lighting requirements, and of the zone in which the subject property is located must be complied with unless otherwise set forth in this 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 dated June 26, 2012 except as otherwise provided in these conditions. E. The property on which the project is located contains a stable and corral, and shall remain on site. F. Utility lines serving subject residence shall be placed underground. G. In order to obtain the maximum permitted hardscape coverage, 371 square feet of a paved walkway is to be removed; and the remaining driveways and walkways depicted on the June 26, 2012 site plan as "permeable pavers set in sand" shall remain and may not be enlarged or paved. H. Structural lot coverage shall not exceed 9,073 square feet, which includes all structures, or 20.0% of the net lot area in conformance with lot coverage limitations. Reso. 2012-14 4 9 Portuguese Bend Rd. I. Total lot coverage of structures and paved areas shall not exceed 15,640 square feet or 34.8% in conformance with total lot coverage limitations, and may not be enlarged. J. The entire lot has been previously disturbed, and is therefore legal nonconforming at 100% disturbance. K. Residential building pad coverage on the 23,016 square foot residential building pad shall not exceed 9,073 square feet or 39.4%. L. There shall be no grading for this project. M. Drainage system, if required, shall be designed in such a manner, as not to cross over any equestrian trails and water from the drainage system shall not be discharged onto adjacent properties. N. Perimeter easements, including roadway easements shall remain free and clear of any improvements including, but not be limited to, fences -including construction fences, landscaping, irrigation and drainage devices, play equipment, parked vehicles, building materials, debris and equipment, unless approved by Rolling Hills Community Association. O. During construction, conformance with the stormwater pollution prevention practices, County and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence. 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 may take place within nearby roadway easements. R. The property owners shall be required to conform with the Regional Water Quality Control Board and Public Works Department Best Management Practices (BMP's) related to solid waste. S. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water away from the structure in an approved manner. Reso. 2012-14 5 9 Portuguese Bend Rd. T. This project shall comply with the City's Construction and Demolition Ordinance, where a minimum of 50% of the construction debris must be recycled and documentation provided to the Clty U. The applicant shall execute an Affidavit of Acceptance of all conditions of this application pursuant to Section 17.38.060, or the approval shall not be effective. V. All conditions of this Variances approval, that apply, must be complied with prior to the issuance of a building permit from the Building and Safety Department. W. Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY 2012. BKAD CHELF, VICE CHAIRMAN By Jill V. Smith, Commissioner ATTEST: HEIDI LUCE, DEPUTY CITY CLERK Reso. 2012-14 6 9 Portuguese Bend Rd. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2012-14 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING VARIANCES TO PERMIT CONSTRUCTION OF AN ADDITION, A PORTION OF WHICH WOULD ENCROACH INTO THE REAR SETBACK AND TO RETAIN A SHED IN THE REAR SETBACK IN ZONING CASE NO. 819, AT 9 PORTUGUESE BEND ROAD (LOT 74-RH), (CLAESSENS). was approved and adopted at a regular meeting of the Planning Commission on July 17, 2012 by the following roll call vote: AYES: Commissioners Henke and Smith. NOES: Commissioner Mirsch. ABSENT: Chairman Pieper (recused) and Vice Chairman Chelf (excused). ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. cliP,ulfhlf.Q.) HEIDI LUCE DEPUTY CITY CLERK Reso.2012-14 7 9 Portuguese Bend Rd.