PC RES 1978-042RESOLUTION P.C. NO. 78-42
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING VARIANCE NO. 32
WHEREAS, Yair Holtzman has requested a variance for a cantileve-red tennis
court to be located in the rear and side setbacks and to exceed the height limita-
tions on property located at 30725 Cartier Drive; and
WHEREAS, after notice issued pursuant to the provisions of the City's Develop-
ment Code, a public hearing was held September 12, 1978, at which time all interested
parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, the Planning Commission of the City of Rancho Palos Verdes does
hereby find, determine, and resolve as follows:
Section 1: That there are not exceptional or extraordinary circumstances or
conditions applicable to the property, or to the intended use of the property, which
do not apply generally to other property in the same zoning district because the lot
is adequate in size, within required setbacks, for the primary use of the lot as well
as some existing recreational facilities. There is no economic hardship to the appli-
cant based on the fact that he failed to obey stop work orders and, therefore, his
hardship was self-imposed, and the applicant laid out the existing structures and pool
in such a way that makes it a self-imposed hardship.
Section 2: That the variance is not necessary for the preservation and enjoy=
ment of a substantial property right of the applicant which is possessed by other
property owners under like conditions in the same zoning districts because owners of
other lots of similar size and configuration are required to meet required setbacks
unless there are exceptional circumstances. Any other variances are not precedent
setting.
Section 3: That the granting of the variance may be materially detrimental to
the public welfare and injurious to property and improvements in the area because of
the location of the proposed structure immediately adjacent to Hawthorne Boulevard,
as the project represents a serious traffic hazard and would distract motorists.
There is partial view obstruction from adjoining properties and indication of potential
geologic instability.
Section 4: That the intended use is contrary to certain objectives of the
General Plan in that the proposed project is located directly adjacent to a major
arterial and has the potential for creating situations which may be injurious to the
public welfare.
Section 5: That an administrative error is not proper grounds for approving
the variance based on the testimony and information received, as reasonable doubt
exists as to the circumstances of an administrative error and the permit was revoked
and stop work orders were issued in a timely manner prior to the completion of the
work done to date.
Section 6: For the foregoing reasons, the Planning Commission of the City of
Rancho Pa'los Verdes hereby denies approval of Variance No. 32
APPROVED and ADOPTED this 12th day of September, 1978.
'Sharon W. Hightower
Director of Planning and
Secretary to the Commission