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PC RES 1989-046 411 P.C . RESOLUTION NO. 89-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING REVISIONS TO GRADING PERMIT NO. 1192 AND VARIANCE NO. 217 FOR A COMBINATION RETAINING WALL (5 ' -6") AND SOLID WOOD FENCE (6 ' -0" ) IN THE FRONT AND SIDE YARD SETBACKS AND FOR A GARDEN WINDOW ENCROACHMENT IN THE FRONT YARD SETBACK LOCATED AT 6343 VILLA ROSA DR. WHEREAS , A.A. Osborne and E.G. Osborne have requested a revision to Variance No . 217 for a 1 ' 4" garden window encroachment located in the front yard setback and a revision to Grading Permit No . 1192 and Variance No. 217 for combination retaining wall (5 '-6" ) and solid wood fence (6 ' -0" ) in the front and side yard setbacks for property located at 6343 Villa Rosa Drive ; and WHEREAS , after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on August 8 , 1989, 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 involved or to the intended use of the property which do not apply generally to other property in the same zoning district , since the property is irregular in shape compared to other properties in the vicinity. 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 other property owners under like conditions in the same zoning district since the orientation of the house on the property limits the ability to comply with Code requirements as the retaining wall height is necessary to stabilize the extreme slope and the garden window encroachment is dictated by the building orientation and is a minor architectural feature . Section 3 : That the granting of such a 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 the garden window is setback enough to not create an obstacle and will not prevent emergency access ; and the retaining wall height is necessary for slope stabilization. Section 4: That the granting of such a Variance will not be contrary to the objectives of the General Plan; since the intent of the General plan is to encourage high quality residential development , the proposal will be enhancing the property. Section 5: That the grading is not excessive beyond that necessary for the permitted primary use of the lot to restore and stabilize the extreme slope. Section 6: That the grading and/or construction does not significantly adversely affect the visual relationships with, nor the views from neighboring sites. Section 7: That the nature of the grading minimizes disturbance to the natural contours; finished contours are reasonably natural, since the extreme slope parallel to the driveway will be restored and stabilized. Section 8: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby approves the revision to Variance No. 217 and Grading Permit No. 1192, subject to the conditions in Exhibit "A", said conditions being necessary to protect the public health, safety, and welfare. PASSED, APPROVED, AND ADOPTED on August 22, 1989. Luella L. Wike Chairperson obert Benapir Director of Environmental Services and Secretary to the Commission RB: LB: pg • EXHIBIT "A" • REVISION "B" TO VARIANCE NO. 217 REVISION TO GRADING PERMIT NO. 1192 1. The retaining wall shall not exceed 516" in height in the front and side yard setbacks parallel to the driveway up to the approved garage addition. 2. Total combined height of the retaining wall and the grapestake fence, including a 114" transition slope shall not exceed 13'-0" in height from the existing grade. 3. The slope parallel to the driveway shall be restored to a 1 to 1 configuration. 4. The garden window shall not project more than 1'4" from the previously approved structure into the front yard setback. 5. The applicant shall submit a letter accepting and agreeing to all of the conditions of approval of this Variance and Grading Revision within 30 days, otherwise, this Variance and Grading Revision shall become null and void. 6. Revised plans drawn in conformance with this approval shall be prepared and submitted to the Director of Environmental Services by the applicant within 30 days.