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399, Construct a new master bedroom, Resolutions & Approval ConditionsRESOLUTION NO. 90-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO THE PREVIOUSLY APPROVED VARIANCE AND AMENDING THE RESOLUTION OF APPROVAL FOR A VARIANCE TO THE SIDE YARD SETBACK ACCORDINGLY IN ZONING CASE NO. 399 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. James Hynes with respect to real property located at 18 Chuckwagon Road, Rolling Hills (Lot 6-CRB) requesting a modification to the previously approved variance to encroach 13.3 feet into the side yard setback with a residential addition and amending Resolution 89-20A accordingly. Section 2. The Planning Commission conducted a duly noticed public hearing on July 17, 1990 and August 21, 1990 conducted a field site review on August 4, 1990. Section 3. Section 17.32.120 provides for a subsequent modification after a variance application has been approved. Modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered. The decision on the modification of plans and/or conditions shall be in the same manner as set forth in Section 17.32.030 of the Municipal Code. .y.._ Section 4. Pursuant to the foregoing Section, the Planning Commission makes the finding that previous findings for the variance contained in the approved Resolution No. 89-20 A, dated August 5, 1989, can be restated. Section 5. Based upon the foregoing Section, the Planning Commission hereby approves the request for modification for Zoning Case No. 399 to permit an encroachment of 13.3 feet into the side yard setback to construct a residential addition, as indicated on the development plan attached hereto as Exhibit A. Section 3 (A) of the previously approved Resolution shall hereby be amended to read as follows: A. The existing residential structure already encroaches 9.7 feet into the side yard setback. The proposed encroachment involves an addition to the northwesterly portion of the existing residential structure. The addition involves 349 square feet and will encroach 13.3 feet into the 20 foot side yard setback, including the perimeter easement. This encroachment is three (3') feet greater than the existing nonconforming encroachment of 10.3. feet. • Section 6. Except as herein amended, the terms and conditions of Resolution No. 89-20 A, adopted on August 5, 1989, as amended by this Resolution adopted on September 15, 1990, shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 15th day of September 1990. ATTEST: City Clerk i24/4fr/41' i Al`l'an R4e"rts, Chairman n P • • • RESOLUTION NO. 89-20-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO THE SIDE YARD SETBACK IN ZONING CASE NO. 399 TO THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Mr. James Hynes with respect to real property located at 18 Chuckwagon Road, Rolling Hills (Lot 6-CRB) requesting a variance to the side yard setback requirement to construct an addition to the existing nonconforming structure. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on June 20, 1989 and July 18, 1989, and conducted a field site review on July 8, 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 Planning Commission finds that: A. The existing residential structure already encroaches into the side yard setback. The proposed encroachment involves an addition to the north-westerly portion of the existing residential structure. The addition involves 349 square feet an will encroach eight (8) feet into the side yard setback which is two feet greater than the existing nonconforming encroachment of six (6) feet. B. Due to the shape and topography of the lot and existing developmental pattern, the residence can not be expanded except in the location proposed. The proposed expansion will only constitute a slight incursion into the already existing nonconforming setback. C. In view of the topographical situation and the presence of an existing incursion in the side yard, there exists unique circumstances not generally applicable to other properties in the same zone that justify the continued 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. 399 with respect to real property located at 18 Chuckwagon Road, Rolling Hills, to permit an encroachment of 8 feet into the side yard setback as indicated in the Development Plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the following conditions: 1989. ATTEST: A. The variance to the side yard setback as indicated on the development plan shall not be effective if the existing residential structure is demolished. B. The variance to the side yard setback shall expire if not used in one year form the effective date of approval as defined and specified in Section 17.32.110 of the Municipal Code. C. The proposed building plan must be approved by the Rolling Hills Community Association Architectural Committee before the applicant receives a building permit from the County of Los Angeles. D. The working drawings submitted to the County Department of Building and Safety for plan check must conform to the Development Plan approved with the variance. E. Any modifications to the development plan as approved by the Planning Commission shall require the filing of an application for modification of the development plan and must be reviewed and approved by the planning Commission. PASSED, APPROVED AND ADOPTED this 5th day of August. Deputy City Clerk /s/ Allan Roberts Allan Roberts, Chairman