PC RES 1982-009 III/ 1111
RESOLUTION NO. 82-9
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES DENYING
VARIANCE NO. 79
WHEREAS, Larry E. Akemon has requested a variance for the construction of a
deck (accessory structure) twenty (20) feet, seven and one-half (7-1/2) inches
above grade and encroaching into the east side and rear yard setbacks on the property
located at 2408 Rue Le Charlene; and
WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos
Verdes Development Code, a public hearing was held May 11, 1982, 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 no exceptional or extraordinary circumstances or
conditions applicable to the property involved which apply generally to other
properties in the same zoning district since neighboring properties would be denied
such applications that violate Section 17.30.020, 17.40.030.E.2. , and . 17.40.050.C.
of the Development Code.
Section 2: That such variance is not necessary for the preservation and enjoy-
ment of a substantial property right of the applicant, which right is not possessed
by other property owners under like conditions in the same zoning district, because
neighboring properties subjected to the same conditions do not have accessory structures
which exceed twelve (12) feet in height and/or decks (accessory structures) encroaching
into the side and rear yard setbacks and over six(6) feet six (6) inches in height.
Section 3: That the granting of the variance will be materially detrimental
to the public welfare or injurious to property and improvements in the area in which
the property is located because slopes over thirty-five (35) percent are considered
hazardous and construction is not permitted; thus, accessory structures exceeding
twelve (12) feet, and/or structures within less than three (3) feet from the property
line and over six (6) inches in height are not permitted.
Section 4: That the granting of such a variance will be contrary to the ob-
jectives of the General Plan because of extreme slope, setback encroachment and
building height.
Section 5: For the foregoing reasons, the Planning Commission of the City of
Rancho Palos Verdes hereby denies Variance No. 79.
APPROVEDiand ADOPTED this 11th._ day of May, 1982.
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Sharon W. Hightower
Director of Planning and
Secretary to the Codmission