PC RES 1988-017f
P.C. RESOLUTION NO. 88 - 17
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 193
AND ENCROACHMENT PERMIT NO. 11 AT 2702 AZORES PLACE.
WHEREAS, George Petrus has requested a Variance and an
Encroachment Permit to allow an existing six foot wall to remain
within the right-of-way of Azores Place on property located at
2702 Azores Place; and
WHEREAS, after notice pursuant to the City's Development Code
a public hearing was held on March 22, 1988, 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 that exist relative to this property
which do not apply generally to other properties in the same
district in that the subject property's backyard is lower than
adjoining properties and the adjacent street grade.
Section 2: That such Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant which right is possessed by others under like
circumstances in the same zoning district since other property
owners in the same residential district have 6 foot high
combination wall/open air fences which enclose their rear yard for
privacy and security.
Section 3: That the granting of such a Variance would not
be materially detrimental to the public welfare or injurious to
the property or improvements of which the property is located
because adequate off-street pedestrian access is provided and no
vehicular view obstruction would result.
Section 4: That the granting of such a Variance will not be
contrary to the objectives of the General Plan in that said
wall/open air fence would maintain the integrity of a single-
family neighborhood and the wall/open air fence will be designed
in a safe manner.
Section S: That the site cannot reasonably accommodate a 6
foot combination wall/open air fence in another location without
intruding into a slope.
Section 6: For the foregoing reasons, the Planning
Commission oftheCity of Rancho Palos Verdes hereby approves
Variance No. 193 and Encroachment Permit No. 11, subject to the
conditions in Exhibit "A".
APPROVED and ADOPTED this 29th day of March, 1988.
-fo-Vert Benard, Directdr of
Environmental Services and
Secretary to the Commission
Leo�onnolly
Chai;Uan
P.C. Resolution No. 88 -17
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EXHIBIT "A"
VARIANCE NO. 193 AND ENCROACHMENT PERMIT NO. 11
CONDITIONS OF APPROVAL
1 . The maximum solid wall height shall not exceed 42 inches. A
90% light and air fencing may be placed atop said wall
provided the combined height does not exceed six (6) feet .
2 . The applicant shall have approved a landscaping/irrigation
plan for the area between the wall and the face of curb.
Said landscaping/irrigation shall be installed within 90
days .
3 .a . The owner must provide a hold-harmless agreement .
b. The owner must agree to remove the encroachment at the
direction of the Public Works Director on 10 days notice
except in emergency situation where removal may be required
on shorter notice . If the owner fails to remove the
encroachment within the specified time , the City will do the
work and the owner will be billed .
c . The owner must obtain liability insurance ($500,000 -
$1 ,000 ,000) , naming the City as additional insured , and
provide a copy of said insurance policy annually.
d . The owner must record the above conditions as conditions
running with the land to the satisfaction of the City
Attorney. The owner must obtain formal Encroachment Permit
from the Public Works Department .
e . The encroachment must be constructed , installed , and
maintained in accordance with approved plans and conditions .
P .C. Resolution No . 88 - 17
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