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0563RESOLUTION N0. 563 A RESOLUTION OF THE CITY COUNCIL THE CITY OF ROLLING HILLS APPROVING A VARIANCE AND A CONDITIONAL USE PERMIT IN ZONING CASE NO. 330 THE CITY COUNCIL OF THE CITY OF ROLLING HILLS HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Norman LaCaze with respect to real property located at 24 Portuguese Bend Road, Rolling Hills (Lot 90-RH) requesting a Variance for the minimum side yard setback requirements and a Conditional Use 00 Permit for a tennis court on said property. Section 2. The application was first considered by the N Planning Commission on July 15, 1986, at which time the UJ Commission, after receiving and considering evidence, continued m the public hearing for the purpose of conducting a field site Q investigation of the proposed tennis court. Section 3. The application was -placed in abeyance, on July .28, 1986, as the result of the institution -of a moratorium _ on the construction- of tennis courts, which purpose was to -review, analyze and study the policies- and procedures then. utilized for the consideration of tennis court construction applications. -Said moratorium continued through July 23, 1987. - Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application for a Variance of a side yard setback encroachment and for Conditional Use Permit for a tennis court, submitted by Mr. Norman LaCaze, on July 21, 1987. After considering the evidence, both written and oral, the Commission approved the application. Section 5. At its meeting of August 10, 1987, the City Council, pursuant to Section 17.32.140 (c) of the Rolling Hills Municipal Code, appealed and assumed jurisdiction of the application. Section 6. On August 24, 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 to present testimony and to answer questions directed to him by the City Council and City Staff. Section 7. Section 17.16.012 (F) provides the discretion to grant a Conditional Use Permit for tennis courts, if appropriate, under Section 17.32.060 subject to certain minimum conditions,' which have been established by City of Rolling Hills Ordinance No. 215, which is attached hereto as Exhibit A. EE Section S. Section 17.32.010 of the Municipal Code provides the discretion to grant a Variance when practical difficulties, unnecessary hardships or results inconsistent with the general purpose of the Zoning Ordinance result, through the strict and literal interpretation and enforcement of .the provisions thereof. Section 17.32.030 requires that before any variance may be granted, it shall be shown: a) that there are exceptional and extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to other property or class of use in the same vicinity and zone; b) that such variance is necessary for the preservation and enjoyment of a substantial property in the same vicinity and zone, but which is denied to the property in question; c) the granting of such variance will not be materially detrimental to the public welfare, or injurious to the property improvements in such vicinity and zone in which the property is located. Section 9. The City Council finds that: A. Although the proposed tennis court complies with the minimum conditions that are set forth in Ordinance No. 215; and, that the proposed tennis court could have been sited in other locations in strict conformance with the Zoning Ordinance, there are extraordinary topographical, developmental and physical conditions which exist on the -property which do not generally exist- on other property within the same vicinity and zone that justify the granting of -a variance -to the minimum side yard requirements, as set forth in Section 16.010. Said encroachment into the minimum side yard setback requirement of 35 feet is 20 feet which would result in a side yard setback of 15 feet. B. The granting of a variance is consistent with the general purpose of the Zoning Ordinance, specifically; it is consistent with the intent of the recent modifications to the policies governing the conditional permitting of .tennis courts, and does not grant special privilege, nor is it detrimental or injurious to property or improvements in such vicinity and zone in which the property is located. C. The proposed tennis court conforms with the minimum conditions set forth in Ordinance No. 215 (Exhibit A). D. The Findings and Report of the Planning Commission regarding the Conditional Use Permit for a tennis court as set forth in Exhibit B. be and hereby are incorporated herein by reference; and that, the City Council adds the following three conditions: 1. That only ground cover landscaping material be planted in the 10 -foot easement area located on the eastern side of the proposed tennis court; to wit, no trees are to be grown in the easement area. C 2. The required drainage plan should be designed in such a way as to convey drainage water associated with the the tennis court away from the property located immediately to the east (1 Poppytrail Road). 3. That- the proposed tennis court be located no closer than 15 feet to the eastern property line in conformance with the variance granted previously herein. Section 10. For and on the basis of the foregoing Findings, the Variance and Conditional Use Permit for Zoning Case No. 330 are he'reby approved. 00PASSED, APPROVED and ADOPTED this 28th of September Al 1987.' W m Q ATTEST:-- L City Clerk APPROVED AS TO FORM: /s/ Michael Jenkins City Attorney day A 41 W I hereby certify that the above Resolution No. 563 was adopted at a regular meeting of the City Council of the City of Rolling Hills was held on the 24th day of August 1987 by the following vote Ayes: Councilmembers Murdock, PeTnell, Mayor Swanson Noes: Councilwoman Leeuwenburgh Absent; Councilman Heinsheimer /s/ Terrence L. Belanger City Clerk C 1-�