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CC RES 1986-058RESOLUTION N0, 86 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VE RDES APPROVING VARIANCE N0. 135 WHEREAS, Mr. Gary Paul has requested a Variance to allow an existing deck, spa and patio cover built without permits in the required rear set- back to remain at 5408 Eau Claire, Rancho Palos Verdes; WHEREAS, after notice pursuant to the City's Development Code, the Planning Commission held a public hearing on April 22, 1986 at which time the Planning Commission denied Variance No. 135; WHEREAS, the applicant appealed said denial to the City Council, and; WHEREAS, after notice pursuant to the City's Development Code, the City Council conducted a public hearing on August 19, 1986 at which time all in- terested parties were given an opportunity to be heard and present evi- dence. 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 exceptional or extraordinary circumstances or conditions relating to the location of the subject property in that its rear property line abuts commercially zoned and developed property in the City of Rolling Hills Estates, Section 2: That the variance is necessary to preserve and allow the enjoyment of a substantial property right of the applicant which is posses- sed by other property owners under similar conditions in the same zoning district in that the subject spa, decking and gazebo provide a buffer from the commercial activity on the adjacent rear property. Section 3: That the variance would not be contrary to the public health, safety and general welfare since the subject spa, decking and gaze- bo are not readily visible from the adjacent residential properties, and faces the rear of the commercial structure to the rear of the property. Section 4: That the variance would not be contrary to the goals and policies of the General Plan in that the subject spa, deck and gazebo pro- -- � vide a buffer between a residential and commercial property and do not alter the nature of the existing residential use. 702CP /RES11.1 Section 5: For the foregoing reasons, the City Council of the City of Rancho Palos Verdes hereby approves Variance No. 135 subject to the condi- tion(s) contained in Exhibit "A" attached hereto and made a part hereof, PASSED, APPROVED, AND ADOPTED on September 2, 1986. ATTEST: CITY CLERK State of California ) County of Los Angeles ) SS City of Rancho Palos Verdes ) I) JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 86 -58 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 2, 1986. City Cler�(/ City of a cho Palos Verdes 702CP /RES11.2 -2- Resolution No. 86 -58 EXHIBIT "A" Variance No. 135 is approved subject to the following condition(s): 1. All necessary approvals from the Building and Safety Division (in- cluding permits and geology clearance) shall be obtained within 90 days of the date of this action (December 2, 1986) . -3- 702CP /RES11.3 Exhibit "A" of Resolution No. 86 -58