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057674 RESOLUTION NO. 576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A VARIANCE IN ZONING CASE NO. 353 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 Mr. and Mrs. Scott Probst with respect to real property located at No. 33 Crest Road East, Rolling Hills (Lot 70A -1 -MS) requesting a variance to permit construction of a garage, porte-cochere and a retaining wall within the required front yard setback of said property. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on December 15, 1987. After considering the evidence, both written and oral, the Commission denied the application. On February 8, 1988, the applicants appealed the decision to the City Council. A hearing on the appeal was scheduled for March 14, 1988; at the date and time set for the hearing, applicants advised the Council that they had revised the proposed site plan .and requested that the revised plan be considered by the Council. In view of the fact that the Commission had not evaluated the revised plan, the Council decided to remand the matter back to the Planning Commission rather than require the applicant to reapply with a new application. The Council decided it would not be appropriate to review modified plans not previously considered by the Commission. Section 3. On April 19, 1988, the Planning Commission conducted a duly noticed public hearing to consider the revised application. After considering the evidence, the Commission approved the application. Section 4. 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 May 9, 1988 and ordered a de novo public hearing. Section 5. The City Council opened a duly noticed public hearing on May 23, 1988 and continued it to a duly noticed field trip on June 7, 1988 to which the applicant and all members of the public were invited. The Council resumed the public hearing on June 13, 1988. The applicant, Mr. Probst, appeared and spoke in support of the application. The Council has considered the evidence, both written and oral, presented to it in connection with this application. "75' Section 6: Sections 17.32.010 through 17.32.030 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 property to the same extent enjoyed by similar properties. Pursuant to these sections, the City Council finds that: 1. Applicants' property is located in the RAS -2 zone. It contains 2.02 gross and 1.50 net acres and is presently developed with•a 5,200 square foot residence, a paddle tennis court and a swimming pool. The front yard 00 setback requirement in the RAS -2 zone is fifty (50) feet; �- the property presently conforms to this requirement; 2. Applicants W pp propose to expand the size of their house, and to do so propose to build a new 2,120 square m foot garage which will extend twenty-five (25) feet into the < required front yard, a porte-cochere which will extend eleven (11) feet into the required front yard and the construction of a new circular driveway with a retaining wall which will extend forty-nine (49) feet into the required front yard; 3. The City Council finds that there are no excep- tional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone that prevent the owners from making use of the property to the same extent enjoyed by similar properties. The applicants have not met their burden of identifying and the Council finds that there exists no physical feature of the property that makes use of the property difficult or impracticable without a variance. Indeed, the property presently contains a large residence with attached garage, a paddle tennis court and a swimming pool, thereby giving it full residential use. Moreover, the residence can be expanded without encroaching into the existing setback; 4. The proposed encroachment into the front yard would constitute a major incursion into the setback and would create a special privilege totally unjustified by the factual circumstances. The Zoning Ordinance allows for issuance of variances compelled by unusual physical characteristics of property so as to give a property owner the same rights as possessed by neighboring properties; in this case the variance would allow the applicants to develop significantly into their front yard without justification, a circumstance that would give them a privilege not enjoyed by others. The purpose of a variance is to provide relief from an unusual condition of property which makes reasonable use difficult when ordinary standards are applied; the fact that a variance suits their plans, does not mean that its denial -2- 880629 sas A162.NJ 0 will deprive applicants of reasonable use or enjoyment of their property; and ° 5. The purpose of the front yard setback is to provide residential properties with a landscaped yard unencumbered by structures in the front of their homes where most visible from the street. This property fronts on Crest Road, a major and most travelled thoroughfare of the City. This property possesses a conforming front yard and despite its existing physical development, has addi- tional room within the setbacks to expand the existing residence. Grant of the variance would be inconsistent with the very purpose of the setback requirement without justification. Grant of the variance would provide the applicants with a privilege not accorded other property owners with exactly the same physical circumstances, will be detrimental to the principles of sound planning, incon- sistent with the goals of the zoning ordinance and detrimental to the public health, safety and welfare. Section 7. Based on the foregoing findings, the front yard setback variance requested in Zoning Case No. 353 is hereby denied. PASSED, APPROVED and ADOPTED this 27th day of June , 1988. ATTEST: City Clerk 880629 sas A142.MJ 0 00 41 W m Q I� The foregoing Resolution No. 576 entitled: A RESOLUTION OF THE _CITY COUNCIL OF THE CITY OF ROLLING HILLS DENYING A VARIANCE IN ZONING CASE NO. 353 was adopted at a regular meeting of the City Council on the 27th day of June by the following vote: AYES: Councilmembers Heinsheimer, Leeuwenburah. Swanson Mayor Murdock NOES: None ABSENT: Councilman Pernell