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0557M RESOLUTION NO. _557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS APPROVING A FRONT YARD SETBACK VARIANCE AND DENYING A HEIGHT VARIANCE IN ZONING CASE NO. 334. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES FIND AND RESOLVE AS FOLLOWS: Section 1. An application was duly filed by Victor and Thoma Martinov for a front yard setback variance and a height variance to allow a two-story structure for property located at 33 Chuckwagon Road (Lot 17 -CF), Rolling Hills, California. The application seeks a variance to allow the extension by one foot of an existing nonconforming structure into the front yard setback and to permit construction of habitable living space below habitable space, creating a two-story structure. Section 2. On September 16 and October 21, 1986, the Planning Commission held a duly noticed public hearing to consider the application. Upon reviewing the evidence and receiv- ing testimony, the Commission approved the variance. Section 3. Pursuant to its authority under Section 17.32.140(C) of the Rolling Hills Municipal Code, the City Council took jurisdiction of the variance application within the appeal period on November 10, 1986 and ordered a de novo public hearing. Section 4. The City Council opened the public hearing on November 24, 1986 and continued it to December 8, 1986. A duly noticed field trip was conducted on December 6, 1986, to which the applicant and all members of the public were invited. The Council has considered the evidence, both written and oral, presented to it in connection with this application. Section 5. In accordance with Section 17.32.030 of the Municipal Code, the City Council finds as follows: 1. The subject property is unique in that it is an unusually long and narrow lot, with an existing residential structure which is positioned within the front yard setback and within both side yards. The house cannot be added to in any direction without a variance due to its shape and the rear grade. 1, 25 2. Approval of the variance for an additional front yard encroachment does not give to the applicants a special privilege because it merely allows them to remodel and add to a house on a lot subject to unusual constraints such as extremely narrow shape, rear yard slope and the presence of existing structures. 3. The variance is necessary to the applicants' ability to enjoy their property to the same extent as other similar properties in the same zone which also encroach into the front yard. It will permit applicant to construct in accor- dance with a design plan that makes sensible use of existing unique conditions. 4. The front yard setback variance will not be detri- mental to the public health, safety and welfare in that CO the proposed construction will not have a detrimental effect on neighboring properties. N 5. The property does not possess any particular unique W characteristic to justify the request for a height variance m to allow a two-story structure. Although the property does Q slope at the rear, there is ample existing room to support a substantial structure on a single -level. And, although topographical features make a multi-level structure possible, this does not constitute a condition that deprives the pro- perty owners of the reasonable use or enjoyment of their property in the absence of the variance. 6. Section 17.16.050 expressly prohibits two-level structures. Many other properties in the City are charac- terized by slopes that would facilitate construction of multi-level homes, yet the properties can accommodate sizeable homes on a single level, thereby complying with zoning ordi- nance requirements. Grant of this request would constitute a grant of special privilege in that the applicant would be authorized to construct a multi-level home when other owners of property may not and where such construction is not necessary to make reasonable use of the property. 7. Grant of the variance would provide the applicants with a privilege not accorded to other property owners with exactly the same physical circumstances. 26 Section 6. In accordance with the foregoing findings, the front yard setback variance sought in Zoning Case No. 334 is hereby approved and the request for the height variance is hereby denied. PASSED, APPROVED and ADOPTED this 12cn stay of January, 1987. Mayor AT TES City Clerk a I HEREBY CERTIFY that the foregoing Resolution No. 557 was duly adopted by the City Council of the City of Rolling Hills at a regular meeting thereof held on the 12th day of January, 1987, by the following vote: AYES: Councilmembers Heinsheimer, Leeuwenburgh, Murdock, Mayor Pernell NOES: Councilmember Swanson ABSENT: None ABSTAIN: None City Clerk 1�