0566Au
I
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.
0
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
N
w that:
m
Q 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.MJ(1)
52
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.
AT ST:
City Clerk
-3-
871029 kw A082.MJ0 )
53
J...JA1f.-•1.•••a.. i.�.'�-^. �.y�•M^.� ., Ztf�� wA.r.•.awrtl. l•.�:•: ..\i �. •—.. .-� • ._ .� .� ... i. ... w�♦wr✓ .-. ♦ • •• �
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
00
41 Variance that if any conditions thereof are violated, or if any
N law, statute or ordinance is violated, the Variance shall be
suspended and the privileges granted thereunder shall lapse;
Q
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)
m
+i:. t.«a a.a.n--star ss. a.• wv ..a.s.s e. ..i est.�•s. ar as �a�.........e.r... J.c_ ais.;• �•••.•.-�+•�r..:r .+.: ... ... .. r. . .�r.+u aJ4 'sww w.�'*f_:t.r �..��:sxL .a•a•'.v++t-:..`2ti...T_r •. �0: ra+'.
7. This Variance 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 27.32.087 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 long 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
MM
871029 kw A082.MJ0)
I
55
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
00 request of the City no more than 10% each year to compensate for
N the effect of inflation. Applicant and all successors in
w
CO interest, agree by acceptance of this Variance to permit the City
a
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.
871029 la A082.KJ(1)
T�
56
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.
871029 kw A082AJO)