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463, Remodeling kitchen with an add, Resolutions & Approval Conditions• RESOLUTION NO. 93-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF. ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK OF A BREAKFAST NOOK ADDITION AND A BAY WINDOW ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE FOR THE CONTINUED ENCROACHMENT OF A STABLE CONVERTED INTO A GUEST HOUSE IN THE SIDE YARD SETBACK, AND AN EXTENSION TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR A GUEST HOUSE IN ZONING CASE NO. 463. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Dr. and Mrs. Guy G. Lemire with respect to real property located at 40 Chuckwagon Road (Lot 23-CF), Rolling Hills, requesting an extension to a previously approved Variance for the encroachment into the side yard setback of a breakfast nook addition and a bay window addition to an existing single family residence, an extension to a previously approved Variance for the continued encroachment of a stable converted into a guest house in the side yard setback and an extension to a previously approved Conditional Use Permit for a guest house. Section 2. The Commission considered this item at a meeting on January 19, 1993 at which time information was presented indicating that the extension of time is necessary for financial reasons. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend Paragraph A and Paragraph F, Section 11 of Resolution No. 92-1, dated January 11, 1992, to read as follows: "A. The Variance and Conditional Use Permit approvals shall expire within two years of the approval of this Resolution. "F. A separate building permit shall be obtained for the 480 square foot guest housewithin eighteen (18) months of the effective date of this resolution." Section 4. Except as herein amended, the provisions of Resolution No. 92-1 shall continue to be in full force and effect. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF JANUARY, 1993. ALLAN ROBERTS, CHAIRMAN • • . RESOLUTION NO. 93-3 PAGE 2 ATTEST: Y/KNafuJk .dlwJ MARILYN KERN, DEPUTY CITY CLERK The foregoing Resolution No. 93-3 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK OF A BREAKFAST NOOK ADDITION AND A BAY WINDOW ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, AN EXTENSION TO A PREVIOUSLY APPROVED VARIANCE FOR THE CONTINUED ENCROACHMENT OF A STABLE CONVERTED INTO A GUEST HOUSE IN THE SIDE YARD SETBACK, AND AN EXTENSION TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR A GUEST HOUSE IN ZONING CASE NO. 463. was approved and adopted at a regular adjourned meeting of the Planning Commission on January 19, 1993 by the following roll call vote: AYES: Commissioners Frost, Hankins, Lay,. Raine and Chairman Roberts NOES: None ABSENT: None ABSTAIN: None ke DEPUTY CITY CLERK • • RESOLUTION NO. 92-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK OF A BREAKFAST NOOK ADDITION AND A BAY WINDOW ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, GRANTING A VARIANCE FOR THE CONTINUED ENCROACHMENT OF A STABLE CONVERTED INTO A GUEST HOUSE IN THE SIDE YARD SETBACK, AND GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE IN ZONING CASE NO. 463. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Applications were duly filed by Dr. and Mrs. Guy Lemire with respect to real property located at 40 Chuckwagon Road, Rolling Hills (Lot 23-CF) requesting a Variance into allowable setbacks for a breakfast nook addition and a bay window addition to an existing single family residence. During a field trip it was determined that the stable had been converted to a guest house without permits and would require a variance and a conditional use permit to continue to encroach within the rear yard setback. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance into allowable setbacks on September 17, 1991, October 22, 1991, November 19, 1991, and at a field trip visit on October 5, 1991. When it was learned that there were no permits for the guest house, the Planning Commission conducted a duly noticed public hearing on December 17, 1991 to consider the application of a Variance for the continued encroachment of a structure in the side yard setback and a Conditional Use Permit for a guest house. Section 3. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act. Section 4. 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 a parcel of property to the same extent enjoyed by similar properties. A Variance to Sections 17.16.070.B and 17.28.022 is required to permit a 200 square foot breakfast nook to encroach up to a maximum of 5 feet into the twenty (20) foot side yard setback and to permit a 20 square foot bay window to encroach up to a maximum of 2 feet into the twenty (20) foot side yard setback. The Planning Commission finds: • • RESOLUTION NO. 92-1 PAGE 2 A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the intended use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the existing legal nonconforming residence encroaches up to 2.5 feet into the side yard setback, the building pad is relatively small and there are topographic constraints to building the additions outside of the side yard setback. and the building pad is not located close to the street and adjacent residences. B. This 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 the encroachments continue the form and shape of the existing residence and the existing location of the residence relative to the setback lines is similar to the location on the lot of other surrounding residences. C. The granting of this Variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. Development on the'pad will allow a substantial portion of the lot to remain undeveloped and will not impair the view or privacy of adjacent residents. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach to a maximum of 5 feet into the side yard setback to add a breakfast nook and a maximum of 2 feet to add a bay window to a single family residence as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 11. Section 6. A Variance to Sections 17.16.070.B and 17.28.022 is reauired to permit the continued encroachment of a stable converted into a guest house.9.4 feet into the twenty (20) foot side yard setback. The Planning Commission finds: A. There are exceptional and extraordinary circumstances and conditions applicable to the property and the existing use that do not apply generally to the other property in the same vicinity and zone. The Variance is necessary because the structure in the rear yard setback has been permitted as a stable since 1958. 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 the subject property. The Variance is necessary in order for the structure that has existed for 33 years to remain at its present location. There will not be any greater incursion into the setback than already exists. • • RESOLUTION NO. 92-1 PAGE 3 C. Granting this variance will not, be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. A sufficient distance remains between the structure and the uses on the adjacent property so that the continued use of the guest house will not impinge on adjacent properties. Maintaining the structure in its present location will keep a substantial portion of the lot open and undeveloped. Section 7. Based upon the foregoing findings, the Planning Commission hereby approves the Variance to encroach into the side yard setback to a maximum of 9.4 feet as indicated on the Development Plan attached hereto as Exhibit A subject to the conditions contained in Section 11. Section 8. The applicant has submitted plans for the use of an existing 480 square foot structure as a guest house as shown in Exhibit A. Section 17.16.012.F. of the Municipal Code provides for the discretion of the Planning Commission to grant a Conditional Use Permit for a guest house provided no kitchen or cooking facilities are provided. Section 9. With respect to the Conditional Use Permit for the guest house, the Planning Commission makes the following findings: A. The granting of a Conditional Use Permit for a guest house would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan and will be desirable for the public convenience and welfare because the proposed guest house structure is preexisting and does not involve an expansion of overall area for the use. B. The granting of a Conditional Use Permit would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan, because the guest house will comply with the low profile residential development pattern of the community and is located on a parcel of property that is adequate in size, shape and topography to accommodate the use. Section 10. Based upon the foregoing findings, the Planning Commission hereby approves a Conditional Use Permit for a guest house in Zoning Case No. 463. Section 11. The Variance to the side yard setback for the encroachment of a breakfast nook and a bay window, and the Variance to the side yard setback for the continued encroachment of a stable converted to a guest house, and the Conditional Use Permit for a guest house as indicated on the Development Plan attached hereto and incorporated herein as Exhibit A as approved in Sections 5, 7 and 10 are subject to the following conditions: RESOLUTION NO. 92-1 PAGE 4 A. The Variance and Conditional Use Permit shall expire unless used within one year from the effective date of approval as defined in Section 17.32.110 of the Municipal Code. B. It is declared and made a condition of the Variance and Conditional Use Permit, that if any conditions thereof are violated, the Permit 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 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 marked Exhibit A except as otherwise provided in these conditions. E. An area of 450 square feet for a future stable and a 550 square foot corral shall be delineated on the Development Plan. F. A separate building permit shall be obtained for the 480 square foot guest house within six months of the effective date of this resolution. G. There shall be no kitchen or cooking facilities in the guest house. H. The guest house shall not be rented or leased to any person or entity. I. The existing gravel road leading to the guest house shall be removed to a distance of 50 feet from the guest house. That road area shall be landscaped in keeping with the surrounding terrain. J. 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. K. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the development plan approved with this application. L. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance and Conditional Use Permit, pursuant to Section 17.32.087, or the approval shall not be effective. RESOLUTION NO. 92-1 PAGE 5 M. Conditions A, C, D, E, G, H, I, J, K, and L of this Variance and Conditional Use Permit 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 11TH DAY OF JANUARY, 1992. ALLAN ROBERTS, CHAIRMAN ATTEST: \() DIANE SAWYER, DEPUTY CIt CLERK The foregoing Resolution No. 92-1 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD SETBACK OF A BREAKFAST NOOK ADDITION AND A BAY WINDOW ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE, GRANTING A VARIANCE FOR THE CONTINUED ENCROACHMENT OF A STABLE CONVERTED INTO A GUEST HOUSE IN THE SIDE YARD SETBACK, AND GRANTING A CONDITIONAL USE PERMIT FOR A GUEST HOUSE IN ZONING CASE NO. 463. was approved and adopted at a regular adjourned meeting of the Planning Commission on January 11, 199L by the following roll call vote: AYES: NOES: ABSENT: Commissioners Hankins, Lay, Raine and Chairman Roberts None Commissioner Frost ABSTAIN: None DEPUTY Q"ITY CLERK ca vas