none, Addition and Kitchen & garage , Staff Reports• •
C14,o/12.e16,9
INCORPORATED JANUARY 24, 1957
AGENDA ITEM 4-B
MEETING DATE 11/22/93
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
TO: • HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ATTENTION: CRAIG R. NEALIS, CITY MANAGER
FROM: LOLA M. UNGAR, PRINCIPAL PLANNER
SUBJECT: ZONING CASE NO. 495A
Mr. and Mrs. Nicholas Hornberger, 6 Williamsburg
Lane (Lot 38-RH)
RESOLUTION NO. 93-34: A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A
VARIANCE FOR THE ENCROACHMENT OF A GARAGE INTO THE
FRONT YARD SETBACK AT AN EXISTING SINGLE FAMILY
RESIDENCE IN ZONING CASE NO. 495A.
BACKGROUND
1. The Planning Commission approved the subject resolution on
November 16, 1993.
2. The applicants request a Variance to permit the construction
of a 583 square foot garage that will encroach 18 feet into
the 50 foot front yard setback. The new garage will face
south as does the existing two -car garage. The applicants
propose to convert the existing 400 square foot garage space
to residential living area.
3. The resolution requires that prior to the issuance of a
building permit for the proposed project and within 6 months
of the approval of the resolution that building permits must
be obtained and lawfully completed to remove the attic storage
area window at the north side of the house that was illegaly
constructed; that the converted attic space must be
reconverted to non -habitable space and modified in all other
respects to City staff approval, so as not to constitute a
second story; and that building permits must be obtained for
the deck and residential additions situated at the rear of the
residence that were illegaly constructed.
4. Grading for the project site will not be required.
5. The structural lot coverage proposed is 4,354 square feet or
10.1% and the total lot coverage proposed is 7,595 square
feet or 17.6%.
6. The proposed residential building pad coverage is 37.7%.
®Prinrari un yr:.,npr1
•
ZONING CASE NO. 495A
PAGE 2
7. Access to the property from the street will remain the same
with a widened surface in front of the south -facing garage.
RECOMMENDATION
It is recommended that the City Council receive and file Resolution
No. 93-34.
•
RESOLUTION NO . 93-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT
OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 495A.
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. and Mrs.
Nicholas Hornberger with respect to real property located at 6
Williamsburg Lane, Rolling Hills (Lot 38-RH) requesting a Variance
to allow the encroachment of a garage into the front yard setback
and a request for Site Plan Review to construct substantial
additions to an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance into
allowable setbacks and a Site Plan Review on April 27, 1993, May
18, 1993, June 15, 1993, July 20, 1993, August 17, 1993, September
21, 1993 and October 26, 1993. The Commission also conducted field
trip visits on May 6, 1993 and July 15, 1993. During the hearing
process, plans were revised to eliminate the substantial additions
requiring Site Plan Review.
Section 3. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 3 exemption provided
by Section 15303 of the State CEQA Guidelines.
Section 4. Section 17.38.010(A) permits 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 Section 17.16.110 is required to permit
the encroachment of a 583 square foot garage addition eighteen (18)
feet within the fifty (50) foot required front yard setback. With
respect to this requested resolution, 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 there exists
topographical constraints that justify the encroachment, in that
there is not sufficient flat area in the rear of the lot to
accommodate the development and grading will be minimized if the
structure is oriented closer to the front of the lot.
B. The Variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other
• •
RESOLUTION NO. 93-34
PAGE 2
property in the same vicinity and zone, but which is denied the
subject property. The amount of encroachment into the front yard
setback is similar to the amount of encroachment existing on other
neighboring properties along Williamsburg Lane.
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. Permitting the encroachment will allow a substantial
portion of the lot to remain undeveloped.
Section 5. Based upon the foregoing findings, the Planning
Commission hereby approves the Variance to encroach into the front
yard setback to permit an encroachment up to a maximum of 18 feet
into the front yard to construct a garage addition as indicated on
the Development Plan attached hereto as Exhibit A subject to the
conditions contained in Section 6.
Section 6. The Variance to the front yard setback for the
encroachment of a garage addition as approved in Section 5 is
subject to the following conditions:
A. The Variance shall expire unless used within one year
from the effective date of approval as defined in Section 17.38.070
(A)(1) of the Municipal Code.
B. It is declared and made a condition of the Variance
approval, 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 development plan on file marked Exhibit A
except as otherwise provided in these conditions. The proposed
garage addition shall not encroach more than 18 feet into the front
yard setback.
E. Building permits shall be obtained to remove the attic
storage area window at the north side of the house that was
illegaly constructed. The converted attic space shall be
reconverted to non -habitable space and such area shall be modified
in all other respects to City staff approval, so as not to
constitute a second story. Removal of the north attic storage area
window and the conversion of the attic space to non -habitable space
•
RESOLUTION NO. 93-34
PAGE 3
shall occur and be completed within six (6) months of the approval
of this resolution.
F. Building permits shall be obtained for the deck and
residential additions situated at the rear of the residence that
were illegaly constructed, and such work shall be lawfully
completed within six (6) months of the approval of this resolution.
G. Existing landscaping located between the house and
Williamsburg Lane shall be preserved and maintained, to the maximum
extent feasible.
H. 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 'Planning
Department staff for their review. Cut and fill slopes must
conform to the City of Rolling Hills standard of 2 to 1 slope
ratio.
I. 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.
J. 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.
K. Any modifications to the project which would constitute
a modification to the development plan as approved by the Planning
Commission shall require the filing of an application for
modification of the Zoning Case.
L. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance, pursuant to Section 17.38.060,
or the approval shall not be effective.
M. 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 OF NOVEMBER, 1993.
•
ALLAN ROBERTS, RMAN
RESOLUTION NO. 93-34
PAGE 4
ATTEST:
MARILYN KERN, DEPUTY CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
ss
I certify that the foregoing Resolution No. 93-34 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FOR THE ENCROACHMENT
OF A GARAGE INTO THE FRONT YARD SETBACK AT AN EXISTING SINGLE
FAMILY RESIDENCE IN ZONING CASE NO. 495A.
was approved and adopted at a regular meeting of the Planning
Commission on November 16, 1993 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and in compliance with the laws of California was posted at the
following:
Administrative Offices
DEPUTY CITY CLERK