CC RES 1988-028RESOLUTION NO. 88 - 28
A RESOLUTION OF THE CITY COUNCIL OF RANCHO
PALOS VERDES UPHOLDING THE APPEAL OF VARIANCE
N0. 187 THEREBY APPROVING AN EXISTING ACCESSORY
STRUCTURE AND DECK WHICH ABUTS THE SIDE AND REAR
PROPERTY LINES AND ENCROACHES INTO AN EXTREME
SLOPE AT 28603 MOUNT PALOMAR PLACE,
WHEREAS, Fernando and Elizabeth Formeloza requested a
Variance for an existing accessory structure and deck which
encroach into required setbacks and an area of extreme slope; and
WHEREAS, on February 9, 1988, the Planning Commission held a
public hearing at which time all interested parties were given an
opportunity to be heard and present evidence; and
WHEREAS, on February 23, 1988, the Planning Commission
adopted P.C. Resolution 88 -7 denying the Variance; and
WHEREAS,,. on April 19, 1988, the City Council heard the appeal
at which time all interested parties were given an opportunity to
be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: That there are special circumstances related to
the size, shape and topography of the property which are not
generally found on other lots in the same zoning district, since
the subject property is substantially smaller than the minimum lot
size for an RS -4 zoning district.
Section 2: That there are special circumstances which
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unreasonably restrict the applicant's ability to develop the
property in conformance with City development regulations, in that
the property has a limited amount of level rear yard space
available for entertaining and the improvements serve to stabilize
the topography of the rear yard.
Section 3: That approval of the Variance does not confer a
special privilege on the applicant in relation to similarly
situated property owners in the same zoning district, since the
property owner made a good faith effort to obtain the necessary
building permits prior to incorporation into the City of Rancho
Palos Verdes,
Section 4: That approval of the Variance will not cause
materially detrimental effects on surrounding properties, in that
the accessory .structure and deck does not adversely impact the
privacy, peace and quiet of adjacent neighbors,
Section 5: For the foregoing reasons, the City Council of
the City of Rancho Palos Verdes hereby upholds the appeal of
Variance No. 187, subject to the conditions of approval in
Exhibit "A ", thereby approving the existing accessory structure
and deck which encroach into required setbacks and an area of
extreme slope at 28603 Mt. Palomar,
PASSED, APPROVED and ADOPTED on May 17, 1988.
AYES: BACHAR.ACH , HINCHL I FFE , HUGHES, Mc TAGGART AND MAYOR RYAN
NOES : NONE
ABSENT: NONE
MAYO
ATTEST:
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
12 JO PURCELL , City Clerk of the City of Rancho Palos Verdes,
hereby certify that the above Resolution No . 88 "28 was duly and
regularly passed and adopted by the said City Council at a regular
meeting thereof held on May 17, 1988.
/ City Clerk
City �f Rancho Palos Verdes
Resolution No. 88 - 28
EXHIBIT "A"
Variance No. 187 - Appeal
28603 Mount Palomar Place
1. The landowner shall obtain all necessary building permits for
the existing improvements in the rear yard. The City Building
Official has determined that the structural framing of the
cantilevered deck (excluding the overhead lattice) is
substantially undersized. In order to comply with Building
Code requirements very significant structural upgrade or
rebuilding will be required before approval.
Resolution No. 88 - 28