0728RESOLUTION NO. 728
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD
SETBACK FOR A MASTER BEDROOM ADDITION IN ZONING CASE NO. 480.
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. Applications were duly filed by Dr. and Mrs.
Barton Wachs with respect to real property located at 6 Outrider
Road, Rolling Hills (Lot 72 -A -EF) requesting a Variance into
allowable setbacks for a bathroom alcove and a master bedroom
addition at an existing single family residence.
Section 2. The Planning Commission conducted a duly noticed
public hearing to consider the application for a Variance into
allowable setbacks on July 20, 1993 and August 18, 1993, and at a
field trip visit on August 10, 1993.
Section 3. On September 7,1993, the Commission denied the
request for a Variance to construct the bathroom alcove and master
bedroom addition in the side yard setback by approving Resolution
No. 93-30 in Zoning Case No. 480.
Section 4. The applicants appealed the denial to the City
Council on October 6, 1993. The City Council conducted a duly
noticed public hearing to consider the appeal of the application on
October 25, 1993, November 22, 1993, January 10, 1994, January 24,
1994, and February 14, 1994 and at a field trip visit on December
11, 1993. During deliberations, the request for a bathroom alcove
was withdrawn by the applicant. At the hearings, the City Council
considered, among other evidence presented: (i) the location of
the residence on the building site; (ii) the construction of the
residence when 30 -foot setbacks from front easement lines were
permitted; (iii) the small increase to bedroom size; (iv) the
method of calculation of the percentage of residential coverage of
the building pad; (v) the distance and effect on neighboring
properties; and (vi) the withdrawal of the bathroom alcove
improvement.
Section 5. The City` Council finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 3 exemption provided
by Section 15303 of the State CEQA Guidelines.
Section 6. Sections 17.38.010 through 17.38.050 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 a
parcel of property to the same extent enjoyed by similar
properties. A Variance to Sections 17.16.120(A)(1) and 17.16.150
is required to permit a 349 square foot master bedroom addition to
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RESOLUTION NO. 728
PAGE 2 ,
encroach up to a maximum of 3.25 feet into the twenty (20) foot
side yard setback. The City Council finds:
A. There are exceptional and extraordinary circumstances
and conditions applicable to the property and the intended use that
do not apply generally to the other property in the same vicinity
and zone. The variance is necessary because the existing legal
nonconforming residence already encroaches up to 2.84 feet into the
side yard setback, the building pad is relatively small and there
are topographic constraints to building the additions outside of
the side yard setback.
B. This Variance is necessary for the preservation
vation and
enjoyment of a substantial property right possessed by other
property in the same vicinity and zone, but which is denied to the
property in question. The Variance is necessary because the
encroachments continue the form and shape of the existing residence
and the existing location of the residence relative to the setback
lines is similar to the location on the lot of other surrounding
residences.
C. The granting of this Variance will not be materially
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is
located. Development on the pad will allow a substantial portion
of the lot to remain undeveloped, will reduce pool area noise, and
will not impair the view or privacy of adjacent residents.
Section 7. Based upon the foregoing findings, the City
Council hereby approves the Variance to encroach up to a maximum of
3.25 feet into the side yard setback to add a master bedroom
addition to a single family residence as indicated on the
Development Plan attached hereto as Exhibit A subject to the
following conditions:
A. The Variance shall expire unless used within one year
from the effective date of approval as defined in Section
17.38.070(A) of the Municipal Code.
B. It is declared and made a condition of the Variance
approval, that if any conditions thereof are violated, the Permit
shall be suspended and the privileges granted thereunder shall
lapse; 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.
C. 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 Permit, or shown otherwise on an
approved plan.
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RESOLUTION NO. 728
PAGE 3
D. 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.
E. The project must be reviewed and approved by the Rolling
Hills Community Association Architectural Review Committee prior to
-the issuance of any building or grading permit.
F. The 'working drawings submitted to the County Department
of Building and Safety for plan check review must conform to the
development plan approved with this application.
G. Construction shall not take place before 8 AM nor later
than 6 PM, Monday through Saturday. Construction shall not take
place on Sunday.
H. The applicant shall execute an Affidavit of Acceptance
of all conditions of this Variance approval, pursuant to Section
17.38.070, or the approval shall not be effective.
I. All conditions of this Variance approval must be
complied with prior to the issuance of a building or grading permit
from the County of Los Angeles.
PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH, 1994.
JODY R CK, AYOR
ATTEST:
MARILYN I�KER, DEPUTY CITY CLERK
ry
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss
CITY OF ROLLING HILLS
certify that the foregoing Resolution No. 728 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS
GRANTING A VARIANCE FOR THE ENCROACHMENT INTO THE SIDE YARD
SETBACK FOR A MASTER BEDROOM ADDITION IN ZONING CASE NO. 480.
was approved and adopted at an adjourned regular meeting of the
City Council on March 1, 1994 by the following roll call vote:
it
RESOLUTION NO. 728
PAGE 4
AYES: Councilmembers Swanson, Pernell and Mayor Murdock
NOES: Mayor Pro Tem Leeuwenburgh
ABSENT: Councilmember Heinsheimer
ABSTAIN: None
and in compliance with the laws of California was posted at the
following: Administrative Offices
QDEPUTY CITY CLERK
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