CC RES 1978-074 RESOLUTION NO. 78-74
THE RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES DENYING
THE APPEAL OF VARIANCE NO. 32
WHEREAS, Yair Holtzman has requested a variance for
a cantilevered tennis court to be located in the rear and
side setbacks and to exceed the height limitations on property
located at 30725 Cartier Drive; and
WHEREAS, after notice issued pursuant to the pro-
visions of the City' s Development Code, a public hearing was
held before the Planning Commission on September 12, 1978, at
which time all interested parties were given an opportunity
to be heard and present evidence; and
WHEREAS, on September 12, 1978, the Planning
Commission of the City of Rancho Palos Verdes denied
Mr. Holtzman' s variance request for Variance No. 32; and
WHEREAS, this matter has been appealed to the City
Council of the City of Rancho Palos Verdes; and
WHEREAS, the City Council set November 7, 1978
at the City Council Chambers in the City of Rancho Palos Verdes
as the time and place for all interested parties to present
evidence concerning the appeal; and
WHEREAS, the City Council on November 7 , 1978
heard testimony from all interested persons, including the
applicant and his attorney.
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 not exceptional or
extraordinary circumstances or conditions applicable to the
property or to the intended use of the property which are
not generally applicable to other property in the same zoning
district because the lot is adequate in size, within required
setbacks for the primary use of the lot as a residential lot,
and is of sufficient size to contain recreational facilities
such as a pool. It is the design of the house and pool which
necessitates appellant' s request for a cantilevered tennis
court and not the shape or location of the lot.
Section 2. That the variance is not necessary for
the preservation and enjoyment of a substantial property right
of the applicant which is possessed by other property owners
under like conditions in the same zoning districts because
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owners of other lots of similar size and configuration are
required to meet setbacks and comply with the zoning
ordinances of the City of Rancho Palos Verdes.
Section 3. That the granting of the variance may
be materially detrimental to the public welfare and injurious
to property and improvements in the area because of the loca-
tion of the proposed structure immediately adjacent to
Hawthorne Boulevard, the fact that the court can be clearly
seen from the street, the fact that tennis balls may be lobbed
into the street, and that the project in general would distract
motorists. There is also some indication of potential
geological instability since the previous small sports court
on the site had sunk.
Section 4. That the intended use is contrary to
objectives of the General Plan. of the City of Rancho Palos
Verdes in that the proposed project is located directly adjacent
to a major arterial highway and violates setback, safety and
view requirements of the General Plan.
Section 5. That the administrative error of the
County in issuing the building permit prior to receiving proper
approval of the City of Rancho Palos Verdes is not sufficient
grounds for granting a variance since the 1974 permit never
approved a cantilevered tennis court on the site, and stop work
orders were issued in a timely manner prior to the completion
of any substantial work on the project. Furthermore, appellant
continued to work after receiving numerous stop work orders, and
any substantial injury was self-inflicted.
Section 6. For the foregoing reasons the City Council
of the City of Rancho Palos Verdes hereby denies the appeal of
Variance No. 32 and Variance No. 32 is hereby denied.
PASSED, APPROVED AND ADOPTED this 21st day of
November, 1978.
CITY OF RANCHO PALOS VERDES
By Ar
MAYOR
I/
ATTEST:
LEONARD G. WOOD, CITY CLERK AND
EX 0 FICIO CLE' . OF THE COUNCIL
, .I/ CLO'
I HEREBY CERTIFY that the foregoing is a true and correct
copy of Resolution No. 78-74 approved and adopted by the City
Council of the City of Rancho Palos Verdes at a meeting thereof
held on the 21st day of November, 1978 .
AiliV1 Alt AV. /-
y'T/ CLERø
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