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CC RES 1977-003 RESOLUTION NO. 77-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 10 THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES HEREBY RESOLVES AS FOLLOWS: WHEREAS, Mr. & Mrs. Burt Laur applied for a variance to permit a wall exceeding 42" in height located within the required 20 foot front set back at 3264 Park- hur s t Drive; and WHEREAS, the Planning Commission of the City of Rancho Palos Verdes denied the applicant's request for a variance; and WHEREAS, the applicants for Variance No. 10 have appealed the decision of the Planning Commission to the City Council of the City of Rancho Palos Verdes; and WHEREAS, on Tuesday, December 21, 1976 a public hearing was held on the appeal at which time all interested persons were given full 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: 1. That there are exceptional or extrao irCary , . circumstances or conditions applicable to the propetty ' n- volved which do not generally apply to other property, in the same zoning district for the following reasons : a. The applicants were replacing an existing wall that exceeded 42" in height. b. The old wall was a potential safety hazard, and, rather than repair the old wall,which could have been done under the City's ordinances, the applicants replaced it. Said replacement was made at a substantial investment to the applicants. 2 . That this variance is necessary for the preserva- tion and enjoyment of a substantial property right of the applicants, which right is possessed by other property owners under like conditions in the same zoning district, in that the applicants could have repaired portions of the fence rather than replace it, and there are other property owners in the single family district that are periodically repairing their fences, rather than replacing them. 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to property improvements in the area in which the property is located because the adjoining property owners have consented to the replacement of the fence, and the reconstructed fence replaces one that could have become a danger to neighborhood children. 4. That the granting of this variance will not be contrary to the objectives of the General Plan because the significant portions of the fence above 42" in height consists of steel bars, and do not create a view obstruction. The General Plan encourages privacy and the maintenance of views. 5. For the foregoing reasons the City Council of the City of Rancho Palos Verdes hereby sustains the appeal of the applicants in Variance No. 10 . APPROVED AND ADOPTED this 5th day of January , 1977, CF:14--4.tt,/g Mayor Pro Temp e t f, t v ATTEST: / 040 itiFi; C1 'y Cr kA, I I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Rancho Palos Verdes at a regular meeting thereof held on the 5th day of January , 1977 . Atit/ 1.0 At• Cit C :, k