620, Build a garden platform 9.5 ft, Resolutions & Approval ConditionsRESOLUTION NO. 2000-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK FOR A PREVIOUSLY ILLEGALLY
CONSTRUCTED DECK AT 10 AND 12 UPPER BLACKWATER CANYON
ROAD IN ZONING CASE NO. 620.
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. Murray Smith and Mr. and
Mrs. Pervaiz Lodhie, with respect to real property located at 10 And 12 Upper
Blackwater Canyon Road, (Lots 84-2-RH and 97-1-RH, respectively), Rolling Hills,
requesting a Variance to permit an existing illegally constructed deck that encroaches
into the front yard setback and is built across the common property line between two
existing single family residences.
Section 2. In December, 1999, it came to the attention of the City that a
structure was being constructed on the subject property within required setbacks
without the benefit of building permits. Staff spoke with Mr. Smith who declined to
remove the deck and said that he would be pursuing the necessary steps to comply
with the requirements of the Municipal Code. The Variance application was submitted
by Mr. Smith on July 6, 2000 with the consent of Mr. and Mrs. Lodhie after it was
learned that the deck extended across the neighboring property line.
Section 3. The Planning Commission conducted a duly noticed public hearing
to consider the application on July 18, 2000, August 15, 2000, September 19, 2000, and
October 17, 2000, and at a field trip visit on August 5, 2000. The applicants were notified
of the public hearing in writing by first class mail and through the City's newsletter.
Evidence was heard from members of the City staff, the applicants, and the Planning
Commission reviewed, analyzed and studied the project. Concerns expressed by
Commissioners and the applicants focused on the unauthorized construction of the
deck within the required setbacks and within Rolling Hills Community Association
easements. During the hearing process, the Planning Commission requested that
review and approval of the deck be acquired from the Rolling Hills Community
Association.
Section 4. The Planning Commission finds that the project qualifies as a Class 3
Exemption [The State CEQA Guidelines, Section 15303 (New Construction or
Conversion of Small Structures)] and is therefore categorically exempt from
environmental review under the California Environmental Quality Act.
Section 5. 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 17.16.110 requires a front yard setback for every
RESOLUTION NO. 2000-26
PAGE 1 OF 4
residential parcel in the RA-S zone to be no less than fifty (50) feet from the front
easement line. The applicants are requesting a Variance to authorize the retention of an
encroachment into the front yard setbacks at two lots to allow a previously constructed
80 square foot deck that is up to 23.5 inches in height and encroaches up to 11 feet into
the 50 foot front yard setback on the southern portion of the Smith lot and encroaches
up to 3 feet into the 50 foot front yard setback on the northern portion of the Lodhie
lot. The deck is situated at an angle across the common property line of both lots and
extends 10 feet into the Smith property and extends 1 foot into the Lodhie property.
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. The lot is irregular in shape and the
previously constructed illegal deck is located on a flat area at the front of both lots. The
deck does not disturb the development pattern on the two lots and it is obscured from
view by vegetation. The applicant chose this location because it is the highest point on
the property and it affords him a view of city lights.
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 the
development and use of the subject property in a manner consistent with the shapes of
the lots and development of other property on this street justifies this additional small
incursion into the front yard setback. If the applicant were to locate the deck in any
other location, his view would be obscured by adjacent development. There will not be
any greater incursion into the front yard setback than already exists.
C. The granting of the Variance will 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. A substantial portion of the lots will remain
undeveloped. In addition, the deck, as conditioned, will be screened with vegetation so
as not to be visible from Upper Blackwater Canyon Road and surrounding properties.
Section 6. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance for Zoning Case No. 620 to authorize the retention of an
encroachment into the front yard setback to authorize a previously constructed 80
square foot illegal deck that is up to 23.5 inches in height that encroaches a maximum of
eleven (11) feet into the fifty (50) foot front yard setback on the southern portion of the
Smith lot and encroaches up to three (3) feet into the 50 foot front yard setback on the
northern portion of the Lodhie lot as indicated on the development plan dated July 13,
2000, submitted with this application and incorporated herein by reference as Exhibit A,
and 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 unless the applicant has acquired building
permits or otherwise extended the Variance pursuant to the requirements of those
sections.
RESOLUTION NO. 2000-26
PAGE2OF4
B. It is declared and made a condition of the Variance 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, the opportunity for a hearing has been provided, and if
requested, has been held, and thereafter the applicant fails to correct the violation
within a period of thirty (30) days from the date of the City's determination.
C. All requirements of the Building and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located shall be complied
with unless otherwise set forth in this permit or approved by variance.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated July 13, 2000, except as otherwise
provided in these conditions.
E. The deck shall not exceed 80 square feet.
F. Extensions or additions to the deck are prohibited.
G. The deck shall not exceed 23.5 inches in height.
H. Additional plantings surrounding the deck area are prohibited.
I. The existing topography, flora and natural features of the lots shall be
retained to the greatest extent feasible.
J. Landscape screening that incorporates drought -resistant native plants
shall be maintained to obscure the deck from Upper Blackwater Canyon Road.
K. A plan that conforms to the development plan as approved by the
Planning Commission must be submitted to the Rolling Hills Planning Department staff
for their review and approval prior to the submittal of an applicable site drainage plan
to the County of Los Angeles for plan check.
L. The project must be reviewed and approved by the Rolling Hills
Community Association Architectural Review Committee prior to approval of the
drainage plan.
M. The working drawings submitted to the County Department of Building
and Safety for site drainage plan review and building permits must conform to the
development plan described at the beginning of this section (Section 6).
N. The applicants shall execute an Affidavit of Acceptance of all conditions of
this Variance approval pursuant to Section 17.38.060, or the approval shall not be
effective.
O. All conditions of this Variance approval must be complied with prior to
approval of the site drainage plan by the County of Los Angeles.
RESOLUTION NO. 2000-26
PAGE3OF4
•
PASSED, APPROVED AND ADOPTED ON THE 17TH OBER, 2000.
Af1'EST: I /
l4 !NJ
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
§§
ALLAN ROBERTS, CHAIRMAN
I certify that the foregoing Resolution No. 2000-26 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS APPROVING A VARIANCE TO ENCROACH INTO
THE FRONT YARD SETBACK FOR A PREVIOUSLY ILLEGALLY
CONSTRUCTED DECK/VIEW AREA AT 10 AND 12 UPPER
BLACKWATER CANYON ROAD IN ZONING CASE NO. 620.
was approved and adopted at a regular meeting of the Planning Commission on
October 17, 2000 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
MARILYN ERN, DEPUTY CITY CLERK
RESOLUTION NO. 2000-26
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