057879
RESOLUTION NO. 57g
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROLLING HILLS GRANTING A VARIANCE
FOR CONSTRUCTION OF PONDS IN THE FRONT
YARD OF PROPERTY LOCATED AT 39 CREST ROAD
WEST (ZONING CASE NO. 362)
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N THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
W HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
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Section 1. An application was duly filed by
Mr. and Mrs. Yu -Ping Liu with respect to real property located
at No. 39 Crest Road West, Rolling Hills (Lot 240B -2 -MS)
requesting a variance to permit construction of a reflecting
pond in the front yard setback and extension of a covered
walkway into the front yard setback.
Section 2. The Planning Commission conducted
a duly noticed, public hearing to consider the application
on May 17, June 21 and July 19, 1988. After considering
the evidence, both written and oral, the Commission approved
the application for a reflecting pond and denied the appli-
cation for extension of the covered walkway.
Section 3. At its meeting of August 8, 1988,
the City Council, pursuant to Section 17.32.140(c) of the
Rolling Hills Municipal Code, appealed and assumed jurisdiction
of the Commission's approval of the reflecting pond.- No
appeal was taken from the denial of the extension of the
covered walkway; the Planning Commission's decision is, accord-
ingly, final.
Section 4. On September 13, 1988, the City
Council open a duly noticed, de novo public hearing pursuant
to Municipal Code Section 17.32.190 to consider the application
for a variance for a reflecting pond. 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 a duly noticed field trip on September 24, 1988 and to
a continued public hearing on September 26, 1988.
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 that:
A. The subject property has a nonconforming front
yard setback. The purpose of the front yard setback
is to provide residential property with a landscaped
yard unencumbered by structures in the most visible
portion of the lot.
E. The proposed ponds would be integrated into
the front yard landscaping treatment and would beautify,
rather than detract from, the appearance of the front
yard. Thus, approval of the application would not be
detrimental to the goals of the Zoning Ordinance.
C. Were it not for the nonconforming size of
the front yard, the reflecting pond could be constructed
without need for a variance. The small size of the
yard is the physical feature that denies applicant the
opportunity to utilize a unique landscaping treatment
that could otherwise be enjoyed by other properties
in the same area.
D. Construction of the reflecting pond would
not constitute a special privilege because it simply
allows for an additional landscape treatment in the
front yard.
E. The grant of a variance under these circum-
stances 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 conditions of this
Variance are adhered to.
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Section 6. Based on the foregoing findings,
the City Council hereby approves the Variance for Case No.
362 subject to the conditions set forth in Exhibit A and
incorporated herein by reference.
PASSED, APPROVED and ADOPTED this 11th
day of October 1988.
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M' -Mayor
Q .s,
ATTEST:
City Clerk
The foregoing Resolution No. 578 entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
HILLS GRANTING A VARIANCE FOR CONSTRUCTION OF PONDS IN
THE FRONT YARD OF PROPERTY LOCATED AT 39 CREST ROAD WEST
(ZONING CASE NO. 362)
was approved and adopted at a regular meeting on October 11,
1988 by the following'vote of the City Council:
AYES: Councilmembers Heinsheimer, Leeuwenburgh, Pernell
Swanson,'Mayor Murdock
NOES: None
ABSENT: None
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