567, Room addition will encroach in, Resolutions & Approval Conditions• •
RESOLUTION NO. 97-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS GRANTING A VARIANCE TO ENCROACH
INTO THE SIDE YARD SETBACK TO CONSTRUCT AN ADDITION
AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE '
NO. 567.
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 Mrs. Mary Graff with respect to
real property located at 32 Chuckwagon Road (Lot 27-CF), Rolling Hills, requesting a
Variance to encroach into the north side yard setback to construct an addition at an
existing single family residence. An existing shuttered garden wall that extends to
the eaves defines the limits of the proposed addition.
Section 2. The Planning Commission conducted a duly noticed public
hearing to consider the Variance application on November 18, 1997 and December
16, 1997, and at a field trip visit on December 13, 1997.
Section 3. The Planning Commission finds that the project qualifies as a
Class 1 Exemption (State CEQA Guidelines, Section 15301(e)) and is therefore
categorically exempt from environmental review under the California
Environmental Quality Act.
Section 4. 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.
Section 17.16.120 requires a side yard setback for every residential parcel in the RA-S-
1 Zone to be twenty (20) feet. The existing residence encroaches up to 7.5 feet into the
north side yard setback and encroaches up to 10 feet into the south side yard setback.
The applicant is requesting to construct a 39.3 square foot L-shaped addition at the
northwestern corner of the residence that will encroach up to 10.5 into the side yard
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 the property or to the intended use that do not apply generally to the
other property or class of use in the same zone because much of the building pad is
located within the front yard. The existing development pattern on the lot and the
sloping rear portion precludes continued expansion of the residence on the lot other
than into the side yard setback.
RESOLUTION NO. 97-31
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B. 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 Variance is necessary because
development of the site in a manner comparable to other properties in the vicinity
will require some incursion into the setback on this site.
C. The granting of the Variance would not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located. Development on the pad will allow a
substantial portion of the lot to remain undeveloped and the extent of the incursion
is no greater than what already exists.
Section 5. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 567 to permit the encroachment
of a residential addition into the side yard setback, to a maximum encroachment of
10.5 feet into the side yard setback, as indicated on the development plan submitted
with this application and incorporated herein by reference as Exhibit A, subject to
the conditions specified in Section 6 of this Resolution.
Section 6. The Variance to the side yard setback approved in Section 5 of
this Resolution is subject to the following conditions:
A. The Variance approval shall expire within one year from the effective
date of approval as defined in Section 17.38.070.
B. It is declared and made a condition of the approval, 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 and has failed to do so for a period of thirty (30) days.
C. All requirements of the Buildings and Construction Ordinance, the
Zoning Ordinance, and of the zone in which the subject property is located must be
complied with unless otherwise set forth in the 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 October 29, 1997 and marked Exhibit A, except as
otherwise provided in these conditions.
E. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to the issuance of
any building or grading permit.
F. Prior to the submittal of an applicable final grading plan to the County
of Los Angeles for plan check, a detailed grading and drainage plan with related
geology, soils and hydrology reports that conform to the development plan as
approved by the Planning Commission must be submitted to the Rolling Hills
RESOLUTION NO. 97-31
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Planning Department staff for their review. Cut and fill slopes shall not exceed a
steepness of a 2 to 1 slope ratio.
G. The applicant shall execute an Affidavit of Acceptance of all conditions
of this Variance approval or the approval shall not be effective.
H. All conditions of this Variance approval must be complied with prior
to the issuance of a building or grading permit from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 16TH DAY O,, 1997.
ALLAN ROBERTS, CHAIRMAN
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
) §§
I certify that the foregoing Resolution No. 97-31 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE TO ENCROACH INTO THE SIDE YARD
SETBACK TO CONSTRUCT AN ADDITION AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 567.
was approved and adopted at an adjourned regular meeting of the Planning Commission on December 16,
1997 by the following roll call vote:
AYES: Commissioners Hankins, Margeta, Sommer, Witte and
Chairman Roberts.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
DEPUTY CITY CLERK
RESOLUTION NO. 97-31
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