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345, Construct an 800 sq. ft. 1 bed, Resolutions & Approval Conditionsi • BEFORE THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS COUNTY OF LOS ANGELES, STATE OF CALIFORNIA In the Matter of the Application of ZONING CASE NO. 345 Dr. and Mrs. Mark Minkes Lot CF 21-CF and 22-CF FINDINGS AND REPORT The application of Dr. and Mrs. Mark Minkes, Lot 21-CF for a Conditional Use Permit, under Section 17.16.012 (F); and, Lot 22-CF for a Variance, under Section 17.16.011 (C), of the City of Rolling Hills Municipal Code, came for hearing on the 18th day of August, 1987 and the 15th day of September, 1987 in the Council Chambers of the Administration Building, 2 Portuguese Bend Road, Rolling Hills, California. The Planning Commission, after being appropriately advised, now makes its Findings and Report as required by the Municipal Code of the City of Rolling Hills, California. I. The Commission finds that the applicants, Dr. & Mrs. Mark Minkes, are the owners of that certain real property described as Lots 21-CF and 22-CF, located at 44 Chuckwagon Road and 42 Chuckwagon Road in the City of Rolling Hills. The Commission finds that notice of the public hearing, in connection with said application, was given as required by Section 17.32.080 of the Municipal Code of the City of Rolling Hills, California. The Commission finds, that during the two aforementioned public hearings there was verbal comment received in support of the request embodied in the application. There were no comments, either written or verbal, in opposition to the applicants' request. II. The Commission finds that the applicants, Dr. & Mrs. Mark Minkes, have requested a Conditional Use Permit, pursuant to Section 17.16.012 (F), for a guest house, at 44 Chuckwagon Road. The Commission finds that the guest house plan complies with the provisions of the Rolling Hills Municipal Code. The Commission finds that the Conditional Use Permit for a guest house would be subject to certain conditions of approval. The Commission finds that the applicants have requested a Variance from Section 17.16.011 (C) which allows for permitted accessory uses in the RAS zone when there is a legally established single-family dwelling existent. The applicants have requested a Variance from the requirement that a single-family residence exist on a lot prior to the construction of an otherwise permitted accessory use. Specifically, the applicants have requested a Variance from the said prerequisite, at 42 Chuckwagon Road, in order to allow for the construction of a barn or stable and corral. The Commission finds that Lots 21-CF and 22-CF are located in the RAS-2 Zone. The aforesaid lots are the only two in the Chuckwagon/Chesterfield Road area with RAS-2 zoning. All other lots in the Chuckwagon/Chesterfield Road area are in the RAS-1 zone. The Commission finds that Lot 21-CF and Lot 22-CF are contiguous with access to both lots being located at 44 Chuckwagon Road. The Commission finds that since 1964, when the residential building at 44 Chuckwagon Road was constructed, Lots 21-and 22-CF have been developed and utilized as though they were a single lot. The Commission finds that, in 1969, a riding ring and garden area were approved and constructed on Lot 22-CF. The Commission finds that the historical pattern of use, albeit non -conforming, is exceptional and reasonable; but only thus, as long as both properties are in the ownership of the same individual. The Commissions finds that because of the ownership of both parcels by the same individual and because of the historical developmental and use pattern that has evolved, there is sufficient reason for preserving an implied right to property that has accrued over time. Notwithstanding, the Planning Commission finds that this implied right to property exists solely because the two lots are contiguous, are in the ownership of a single • individual and have been developed and used as though a single lot over a period of years. The Commission finds that the improvements proposed on the subject property would not be detrimental or injurious to other properties in the vicinity in that the project proposed would otherwise be a permitted accessory use and the lot, upon which it is proposed is approximately 3.5 acres in size. The Commission finds that the possibility of the bifurcation of the ownership of Lots 21-CF and 22-CF into two separate ownerships should be anticipated with the setting forth of certain conditions to the granting of a variance. IV. From the foregoing, it is concluded that a Variance should be granted to Dr. and Mrs. Mark Minkes, Lot 21-CF, 42 Chuckwagon Road under Section 17.32.010 of the City of Rolling Hills Municipal Code for a Variance from Section 17.16.011 (C), the locating of a barn and stable or corral on a lot where no primary structure exists; and a Conditional User Permit should be granted pursuant to Section 17.16.012 (F) for a guest house at 44 Chuckwagon Road, subject to the following conditions: Variance - Lot 22-CF 1) In the event that Dr. and Mrs. Minkes or their successors in interest shall elect to construct a main residential structure on said Lott 2 or in the event that Dr. & Mrs. Minkes sell, transfer, or otherwise dispose of their ownership of Lot 21, while retaining a property interest in Lot 22, they shall first secure from the City of Rolling Hills approval as to the location of such structure on Lot 22 and its compliance with the requirements of the Rolling Hills Municipal Code. 2) In the event that the City of Rolling Hills finds that the location of a proposed residential building of Lot 22 does not comply with the requirements of the Rolling Hills Municipal Code, then Mr. and Mrs. Minkes or their successors in interest agree that they will, prior to the commencing of construction of a residential building on Lot 22, cause said barn or stableand corral then existing, to be removed from said lot, which lot shall be restored to its original condition and contour as it existed prior to construction of said barn or stable or corral. 3) If it necessary for Dr. and Mrs. Minkes or their successors to remove the barn or stable and corral as provided for above, all costs and expenses for removing such structures, including attorneys fees and court costs, if any, shall be paid for by Dr. and Mrs. Minkes or their successors. The City of Rolling Hills shall not be responsible or liable for the cost of removing such structures. 4) A landscape plan shall be submitted, for approval by the Planning Commission, and the applicant agrees to post a bond in the amount of the estimated cost of construction of landscaping plus 15%, prior to the commencement of the building of the barn or stable and corral, said bond shall be retained by the City of Rolling Hills for two years after the installation of the landscaping. 5) The barn or stable and corral is to be for sole and exclusive, non-commercial, use of the Minkes or their successors. Conditional Use Permit - Guest House (Lot 21-CF) 1) It is declared to be the intent of the Planning Commission that if any provision of the Permit is held or declared to be invalid, the permit shall be void and the privileges granted thereunder shall lapse. 2) It is declared and made a condition of the Permit that if any conditions thereof are violated, or if any law, statute or ordinance is 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. 3) 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. 4) The property shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit "A" except as otherwise provided in these conditions. 5) No vehicular access or paved parking area be developed within fifty (50) feet of the proposed guest hous. 6) Occupancy of the proposed guest house or servants' quarters be limited to persons employed wholly on the premises and their immediate families, or by the temporary guests of the occupants of the main residence. No guest may remain in continuing occupancy for more than thirty days in any six-month period. 7) Landscaping, irrigation plans and bonding are required of the applicant to the satisfaction of the Planning Commission. 8) Prior to issuance of building permits a grading plan, if necessary, satisfactory to the City Engineer shall be submitted. 9) Renting of the guest house is prohibited. 10) This Conditional Use Permit shall expire unless used within one year from the date of grant. RESOLUTION NO. 566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A VARIANCE IN ZONING CASE NO. 345 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. Mark Minkes with respect to real property located at No. 42 Chuckwagon Road, Rolling Hills (Lot 22-CF) requesting a variance to permit construction of a barn without a primary residence on said property., Section 2. The Planning Commission conducted a duly noticed, public hearing to consider the application on August 18 and September 15, 1987. After considering the evi- dence, both written and oral, the Commission approved the application. Section 3. At its meeting of September 28, 1987, the City Council, pursuant to Section 17.32.140(c) of the Rolling Hills Municipal Code, appealed and assumed jurisdiction of the application by a unanimous vote. Section 4. On October 12, 1987, the City Council opened a duly noticed, de novo public hearing pursuant to Municipal Code Section 17.32.190 to consider the application. Evidence, both written and oral, was presented to and considered by the City Council. The applicant appeared before the Council in support of the application. The Council's deliberations were adjourned to October 26 and November 9, 1987. • • #;t Section 5. Sections 17.32.010 through 17.32.030 permit approval of a variance from the standards, and require- ments 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. Barns are permitted as an accessory use in the RA-S zone under Section 17.16.011(c) only if there exists a legally established single-family dwelling on the property and only if not used for commercial purposes. B. Applicants seek to construct a barn on Lot 22-CF in the absence of a single-family residence on the lot, to be used in conjunction with the applicant's residence on Lot 21-CF. These two lots are immediately adjacent to each other and historically have been held under common ownership and used as a single lot. Lot 22-CF is presently developed with a riding ring. C. In view of the unique location of these two lots and their historical treatment and development as a single lot, there exists unique circumstances not generally applicable to other properties in the same zone that justify use of Lot 22-CF in conjunction with and as accessory to Lot 21-CF without establishing a residence thereon. This unique circumstance exists, and does not constitute a special privilege, as long as -2- 871029 kw A082.14J(1) • • the properties are held under common ownership and the applicant resides in the residence .on Lot 21-CF. D. The grant of a variance under these cir- cumstances 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 as long as the lots are used as a single lot and the conditions of this Variance are adhered to. Section 6. Based on the foregoing findings, the City Council hereby approves the Variance for Case No. 345 subject to the conditions set forth in Exhibit A and incorporated herein by reference. PASSED, APPROVED and ADOPTED this 9th day of November 1987. -3- 871029 kw A082.14J(1) • • EXHIBIT A CONDITIONS 1. If any provision of this Variance is held or declared to be invalid, the variance shall be void and the privileges granted thereunder shall lapse. 2. It is declared and made a condition of the Variance that if any conditions thereof are violated, or if any law, statute or ordinance is violated, the Variance 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. 3. 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 Variance, or shown otherwise on an approved plan. 4. 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. 5. Landscaping, irrigation plans and bonding are required of the applicant to the satisfaction of the Planning Commission. 6. Prior to issuance of building permits a grading plan, if necessary, satisfactory to the City Engineer shall be submitted. -4- 871029 kw A082.NJ(1) 7. This Variance shall expire unless used withinone year from the date of grant. 8. Applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this Variance shall not be effective. 9. The Variance shall remain in effect as long as Lots 21-CF and 22-CF are under the common ownership of applicants or their successors -in -interest and as lonq as applicants and any such successors reside in the residence located on Lot 21-CF. In the event that Lots 21-CF and 22-CF are no longer under such common ownership, this variance shall be automatically null and void and of no force and effect. 10. In the event that either of the Lots is sold, transferred or otherwise conveyed such that the common ownership and residency requirements of Condition No. 9 are no longer satisfied: (a) The barn and riding ring on Lot 22-CF shall not be used for any purpose until a single-family residence is constructed on the Lot. (b) Within thirty (30) days of such sale, transfer or conveyance, plans shall be submitted to the City for construction of a single-family residence on the lot. (c) Upon failure of the owner to submit construction plans within the thirty (30) day period or upon failure to commence construction within sixty (60) days after issuance of all necessary permits and good faith progress in -5- 871029 kw A082.MJ(1) • • completing construction, the barn shall be demolished, debris removed and the site restored to its original condition and contour. (d) Applicant shall post a bond with the City in the amount of $2500.00 to guarantee demolition and removal of the barn in the event the owner thereof fails to do so as required by this Condition. Said bond shall be increased upon request of the City no more than 10% each year to compensate for the effect of inflation. Applicant and all successors in interest, agree by acceptance of this Variance to permit the City to enter upon the property for the purpose of performing such demolition and removal under these circumstances at the owner's sole cost and expense even if such expense exceeds the bond amount. 11. The site for any future residence on Lot 22-CF shall be subject to City approval. Applicants or their successors shall remove or move the barn if necessary to comply with City approval of a building pad. 12. If it is necessary for applicants or their successors to remove the barn or stable and corral as provided for above, all costs and expenses for removing such structures, including attorneys' fees and court costs, if any, shall be paid for by applicants or their successors. The City of Rolling Hills shall not be responsible or liable for the cost of removing such structures. -6- 871029 kw A082.MJ(1) • • 13. A landscape plan shall be submitted for approval by the Planning Commission and the applicant agrees to post a bond in the amount of the estimated cost of construction of landscaping plus 15%, prior to the commencement of the building of the barn or stable and corral, said bond shall be retained by the City of Rolling Hills for two years after the installation of the landscaping. 14. The barn or stable. and corral is to be for sole and exclusive, non-commercial, use of the applicants or their successors as a barn for the keeping of permitted animals owned by the applicants or their successors and used by them exclu- sively for personal purposes, and shall not be used for any other purposes. Applicants or their successors shall maintain at all times documents demonstrating their ownership of all animals kept, on the premises and shall make such documents available to the City upon request. -7 - 871029 kw A082.MJ(1) • _f RESOLUTION NO. 565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A CONDITIONAL USE PERMIT IN ZONING CASE NO. 345 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. Mark Minkes with respect to real property located at No. 44 Chuckwagon Road, Rolling Hills (Lot 21-CF) requesting a conditional use permit for a guest house on said property. Section 2. The Planning Commission conducted a duly noticed, public hearing to consider the application on August 18 and September 15, 1987. After considering the evi- dence, both written and oral, the Commission approved the application. Section 3. At its meeting of September 28, 1987, the City Council, pursuant to Section 17.32.140(c) of the Rolling Hills Municipal Code, appealed and assumed jurisdiction of the application by a unanimous vote. Section 4. On October 12, 1987, the City Council opened a duly noticed, de novo public hearing pursuant to Municipal Code Section 17.32.190 to consider the application. Evidence, both written and oral, was presented to and considered by the City Council. The applicant appeared before the Council in support of the application. The Council's deliberations were adjourned to October 26 and November 9, 1987. Section 5. Section 17.16.012(F) of the Municipal Code permits detached guest quarters on the same lot as a primary • • residence provided that no kitchen or cooking facilities are included. The City Council finds, pursuant to Section 17.32.060, that the proposed guest house complies with the requirements of the Zoning Ordinance, is compatible with the site and with surrounding uses and is not detrimental to the public health, safety and welfare. Section 6. Based on the foregoing findings, the City Council hereby approves the conditional use permit for Case No. 345 subject to the conditions set forth in Exhibit A and incorporated herein by reference. PASSED, APPROVED and ADOPTED this 9th day of November 1987. Mayor City Clerk I hereby certify that the above Resolution No.:565 was adopted at a regular meeting of the City Council of the City of Rolling Hills on the 9th day of November, 1987 by the following vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Pernell Mayor Swanson NOES: None ABSENT: None -2- 871028 tsj A081.MJ(0) • • EXHIBIT A CONDITIONS 1. If any provision of this Conditional Use Permit is held or declared to be invalid, the permit shall be void and the privileges granted thereunder shall lapse. 2. It is declared and made a condition of the Permit that if any conditions thereof are violated, or if any law, statute or ordinance is 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. 3. 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. 4. 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. 5. Landscaping, irrigation plans and bonding are required of the applicant to the satisfaction of the Planning Commission. 6. Prior to issuance of building permits a grading plan, if necessary, satisfactory to the City Engineer shall be submitted. -3- 871028 lsj A081.MJ(0) • • 7. This Conditional Use Permit shall expire unless used within one year from the date of grant. 8. Applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this Permit shall not be effective. 9. No vehicular access or paved parking area shall be developed within fifty (50) feet of the proposed guest house. 10. Occupancy of the proposed guest house or servants' quarters shall be limited to persons employed wholly on the premises and their immediate families, or by the temporary guests of the occupants of the main residence. No guest may remain in continuing occupancy for more than thirty days in any six-month period. 11. Renting, leasing or any commercial use of the guest house is prohibited. 12. The guest house shall not have a kitchen or any cooking facilities. -4- 871028 tsj A081.MJ(0)