390, Addition of a bay window in gu, Resolutions & Approval ConditionsRESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS APPROVING A
VARIANCE TO THE FRONT YARD SETBACK IN ZONING
CASE NO. 390
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Dr. and
Mrs. Richard Hoffman with respect to real property located at 3
Hillside Lane, Rolling Hills (Lot 55-1-RH) requesting a variance
to the front yard setback regulations to allow for the
construction of two encroachments as part of a residential
addition to the existing nonconforming structure.
Section 2. The Planning Commission conducted a
duly noticed, public hearing to consider the application on
April 18, 1989 and May 16, 1989, and conducted field site review
on May 13, 1989.
Section 3. Sections 17.32.010 through 17.32.030
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 property to the same extent enjoyed by similar
properties. Pursuant to these Sections, the City Council finds
that:
A. The existing nonconforming residential
structure already encroaches 42 feet into the front
yard setback. The proposed encroachment of four
additional feet on the south facing side of the
existing nonconforming strut ure is for the enclosure
of a 48 square foot notch located on the southerly and
front side of the existing nonconforming structure. A
second five foot encroachment is for a 20 square foot
bay window to be added to the north portion of the
structure. This second encroachment is not in addition
to the 42 foot existing encroachment into the front
yard setback.
B. Due to the shape and topography of the lot,
the house can not be expanded significantly into the
back yard.
C. In view of the topographical situation and
the presence of an existing incursion in the front and
side yard, there exists unique circumstances not
generally applicable to other properties in the same
zone that justify the additional small encroachment.
D. The grant of a variance under these
circumstances will not be detrimental to the public
health, safety and welfare and will be compatible with
surrounding properties and will be consistent with the
goals of the Zoning Ordinance.
Section 4. Based on the foregoing findings, the
Planning Commission hereby approves the Variance for Case No. 390
to permit an encroachment of 4 feet into the front yard setback
for an addition to the existing encroachment on the south facing
portion of the existing nonconforming structure and a 5 foot
encroachment to the front yard setback for a portion of the north
face of the existing nonconforming residential structure, as
indicated in the Development Plan submitted with this
application and incorporated herein by reference as Exhibit A,
subject to the following condition:
A. The variance to the front yard setback as
indicated on the Development Plan shall not be effective if the
existing residential structure is demolished.
B. The variance to the front yard setback shall
expire if not used within one year from the effective date of
approval, as defined and specified in Section 17.32.110 of the
Municipal Code.
PASSED, APPROVED and ADOPTED this 6th day of June ,
1989.
ATTEST:
Deputy City C, er
-2-
890606 sas 1680008 (2)
/s/ Allan Roberts
Chairman