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PC RES 1980-019RESOLUTION P.C. NO. 80-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 55 WHEREAS, Variance No. 55 has been filed, which would allow for the recon- struction of a fire -destroyed single family residence at 3 Tangerine Road with a 12 -percent increase in size from the original structure, which is located in the Open Space Hazard (OH) zoning district. WHEREAS, the Planning Commission has reviewed this matter at a public hearing held on October 14, 1980, 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 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 properties in the same zoning district. Because of the extraordinary geologic conditions in the area, an innovative "shipping container" foundation that will float on moving land is being utilized. The shape and size of the "foundation" essentially establishes the floor area of the dwelling. Section 2: That the variance is necessary for the preservation and en- joyment of a substantial property right of the applicant which is possessed by other property owners under like conditions in the same zoning district. The right to replace burned residences in the area has been established in the Code and in Ordinance No. 108U (Landslide Moratorium Ordinance). Because of the unique foundation design proposed, and the fact that no alternative structural members of slightly smaller size are available, the proposed structure cannot be reasonably scaled down to comply with the original square footage. Section 3: That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the area in which the property is located since there is no evidence presented indicating a detrimental or injurious situation and since City Engineer approval will be required. Furthermore, the proposed structure lessens overall land coverage. Section 4: That the granting of such a variance will not be contrary to the objectives of the General Plan since page 40 of the General Plan clearly recognizes the need for structures to be "continued, transferred, sold, main- tained or restored". Section 5: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No. 55 subject to the conditions listed in Exhibit "A". APPROVED and ADOPTED this 14th day of October, 1980. Harvey trown, Chairman G rY Weber Acting Dir for of Planning and Secre a v to the Commission EXHIBIT "A" VARIANCE NO. 55 IS HEREBY APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the shipping containers be limited in number to three, and that they be used as structural members only, not as inhabitable space. 2. That more specific construction and grading plans be submitted and approved by the Director of Planning. 3. That the landowner sign, enter into, and record a hold harmless agree- ment with the City. 4. That the applicant obtain all necessary permits and approvals for the proposed structure. 5. That within thirty (30) days the applicant submit a statement in writing indicating he has read and understands all conditions of approval. 6. That plans and necessary support information be submitted to the City Engineer (Building and Safety) for review and approval. No work shall be commenced until all required approvals are obtained. 7. Bond for removal if permit not approved. Resolution P.C. No. 80- 19