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CC RES 1988-006RESOLUTION NO. 88 - 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALLS VERDES DENYING THE APPEAL OF VARIANCE NO. 173 AND GRADING NO. 1031 THEREBY DENYING THE WALL AS EXISTING AND REQUIRING MODIFICATION AS DEFINED IN EXHIBIT "A" OF P.C. RESOLUTION NO. 87-62 FOR THE PROPERTY AT 1887 MA%"1.'1*ARTHUR STREET. WHEREAS, Mr. Gavr ' J - lo (Cl."Mcuk requested a Variance and Grading Permit for an existing combination retaining wall/solid freestanding wall located within the front yard setback at 1887 MacArthur; and WHEREAS, on October 27, 1987, the Planning Commission denied P Variance No. 173 and approved Grading No. 1031 sub3ect to conditions and WHEREAS, on February 2, 1988, the City Council heard the 11 0ppea.f. at which time all interested partie s. were given an oppor"1'L:unit._-.y to be heard and present evidence; NOW, THEREFORE THE CITY %/1_-1.0UNkC1IL OF THE CITY OF RANCHO PALO VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: section 1 : That there are no special circumstances related to the size, shape and topo,graphy of the property which are not lots generally found on other lo-ts n the same zoning district, since the subject property is a typical graded pad lot found throughout the Eastview area, Section 2.- That there are no special circumstances which unreasonably restrict the applicant's ability to develop the property in conformance with City development regulations, in that Section 17.4221.030 of the Development Code permits a wall up to 42 inches and a. fence up '4["o 6 feet in the front yard setback subject to the approval of the; Director of. Environmental Services or the Planning Commission. Section 3: That approval of the Variance will confer a special pri%rilege on. the applicant in relation to similarly situated tuated prO-1perty owners 'in the same zoning district in that there are alternative des ign;s for the wall which would comply with Code requirements. Section 4: That approval of the Variance will cause al ing proper 'n that m teriallir detrimental effects on surround' ties, e the solid wall adjacent to the street would have an immediate and Cum,Ullal.,.ive negative visua.11. impact on the neighborhood. Section 5. That the Variance request is contrary to the policy of the General Plan aimed at preserving the open and rural character of the City. Section 6: That when modified by the conditions of approval f l 87-62,# the project can be in Exhibit "Awt of ReSoution P.C. No. approved through a Grading Application. Section 7-, For the foregoing reasons, the City Council of the City of Rancho Palos Verdes hereby upholds the denial of Variance No. 173 for an existing solid wall in the front yard setback which exceeds 6 feet in height and allows to stand the approval of Grading No. 1031 for modification of said existing wall in the front yard setback located at 1887 MacArthur Street. PASSED, APPROVED and ADOPTED on February 2, 1988. T, TTE ST: '4 I "CITY -CLERK i ate of California County Of Los Angeles Ss City of Rancho Palos Verdes Ir t JO PURCELL, City Clerk of the City Council of the City 0 Rancho Palos Verdes, hereby certify that the above Resolution No. 88 - 6 was duly and regularly passed and adopted by the said City Council at a regula-1- meeting thereof held on the 2nd day of February, 1988. Page 2 C -TY,CLERK CIT OF RANCHO PALOS VERDES Resol. No. 88-6