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CC RES 1991-010RESOLUTION" 'NO0 91--10`, RESOLUTION OF THE CITY COUNCIL OF THE-'CITY OF RANCHO PALOS VERDES DENYING MINOR EXCEPTION PERMIT NO. 380 APPEAL AT 91 MARGUERITE DRIVE.* WHEREAS, on March 16, 1990, Edmund Kim requested a Minor Exception Permit requesting a 6 foot high fence/wall combination to be located-along the front property line at 91 Marguerite Drive, as required by the City Development Code; and WHEREAS, on August 31, 1990, the Director of Environmental Services denied minor Exception Permit No. 3809 and WHEREAS, on September 13, 1990, Mr. Kim filed an appeal with the Planning Commission within 15 days of the decision of the Director of Environmental Services* and WHEREAS, on January 8, 1991, the Planning Con-Imiss do -denied the appeal, thereby denying the proposed project* and WHEREAS, on January 30, 1991, . Mr. Kim filed an appeal with the City Council; and WHEREAS, on February 19, 1991, the City Council heard the appeal at which time all interested parties were.given an opportunity -to be -heard and present, -evidence NOW THEREFOREF THE 'PLANNING COMMISSION Off' THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS'* Section 1: That there are no exceptional circumstances and conditions applicable to the property which do not apply generally to. other properties in the- same zoning district, in that the homes along Marguerite Drive.built in the vicinity of the subject property possess 20 foot' setbacks similar to that of the subject property and have ample buildable area for development. Section 2: That there are no unusual circumstances regarding the subject property which distinguish it from other properties in the vicinity, and that granting this minor exception permit would confer a special privilege on this property which is not enjoyed by other properties. Section 3: That the minor exception permit is not necessary for the preservation and enjoyment of a substantial property right of the landowner, in that City approval has already been granted for a pool and fencing without encroaching into the required 20 foot front setback. Section 4: For the foregoing reasons and based on information and findings included in the staff report, minutes, and evidence presented at the public hearing, the City Council hereby denies the appeal of Minor Exception Permit No. 380 thereby upholding the Director of Environmental. Services. and the Planning Commission decision to deny the six foot wall and fence combination in the 20 foot front yard setback,, PARRRn and ADOPTED this 5th aAv of mArt-vh - lqqi - ATTEST: