PC RES 1980-025RESOLUTION P.C. NO. 80- 25
A RESOLUTION OF THE CITY OF RANCHO PALOS VERDES
APPROVING VARIANCE NO. 56 FOR A DIRECT ACCESS
DRIVEWAY AND DENYING A SIX (6) FOOT GARDEN WALL
AND TRELLIS WITHIN THE FRONT YARD SETBACK
WHEREAS, Variance No. 56 has been filed which requests that driveway access
be reduced to ten (10) feet, and fence heights and overhead trellis heights with-
in the front yard setback exceed the allowable heights; and
WHEREAS, the residence is located at 4128 Palos Verdes Drive South, which
is in an RS -5 zoning district; and
WHEREAS, the Planning Commission reviewed this matter at a public hearing
held on November 25, 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 grant that portion of the variance application which requests a
direct access approach to said garage; and denies that portion of the applica-
tion which requests fence -heights and trellis overhang to exceed the allowable
height permitted in the front setback; and does hereby find, determine, and
resolve as follows:
Section 1: That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved, or to the intended use of the
property, which do not apply generally to other property in the same zoning
district since the direct driveway access is necessary for the maximum intended
use of the property. Further, the overhead trellis and six (6) foot high garden
wall are denied, since they are incidental to the primary use of the property
and there is no evidence of exceptional or extraordinary circumstances or condi-
tions.
Section 2: That such a variance is necessary for the preservation and en-
joyment of a substantial property right of the applicant, which right is possessed
by other property owners under like conditions in the same zoning district since
a majority of the residences in the tract encroach into the front yard setback
with direct access driveways.
Section 3: That the granting of the variance will not be materially detri-
mental to the public welfare or injurious to property and improvements in the
area in which the property is located since the driveway access will insure
maximum primary use of the site.
Section 4: That the granting of such a variance will not be contrary to
the objectives of the General Plan since the driveway access insures objectives
stated in the General Plan.
Section 5: For the foregoing reason the Planning Commission of the City
of Rancho Palos Verdes hereby approves that portion of the application that
refers to the driveway access and denies construction of a garden wall and
trellis in the front setback, subject to the conditions found on Exhibit "A"
of this resolution.
APPROVED and ADOPTED this 25th day of November , 1980.
Harvey Brown, C t irman
7S-haron W. Hightower
Director of Planning and
Secretary to the Commission
EXHIBIT "A"
VARIANCE NO. 56 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the driveway access be relocated to allow for direct access and
a ten (10) foot front yard setback subject to approval of the Director
of Planning.
2. That property line garden walls not exceed six (6) feet along the rear
and side property lines and not exceed forty-two (42) inches in height
in the front twenty (20) foot setback.
3. That the overhead trellis not be placed within the twenty (20) foot
front yard setback.
4. That the garage be used for its intended use and not for additional
living area.
5. That the property owner agree in writing to these conditions within
thirty (30) days.
Resolution P.C. No. 80-25