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PC MINS 19840911MINUTES Rancho Palos Verdes Planning Commission Adjourned Regular Meeting September 11, 1984 7:30 p.m. ELECTION OF CHAIRPERSON It was moved by Mr. Von Hagen, seconded by Mrs. Wike to elect Ms. Ortolano temporary Chairperson. The meeting was called to order at 7:30 p.m. by Chairperson Ortolano at the Hesse Park Community Building at 29301 Hawthorne Boulevard. PRESENT: ORTOLANO, VON HAGEN, WIKE ABSENT: BROWN, MCNULTY Also present were Associate Planner Steve Rubin and Secretary Ann Brenesell. COMMUNICATIONS CONSENT CALENDAR Minutes of August 17 & 28, 1984 A letter of withdrawal of Grading No. 742 - Appeal from Mr. and Mrs. Frank Iacona was submitted. It was moved, seconded and passed to approve the minutes of August 17 and August 28, 1984 as submitted. VARIANCE NO. 108 29722 Grandpoint Beattie Associate Planner Steve Rubin presented a brief staff report. He mentioned the reason for the request was to attach a bi-level deck to an existing house which already exceeds the 30 foot height maximum by five feet and discussed its practicality. The conceptual drawing submitted by the applicant received discussion. Points of further discussion related to the non -conformity of the building, findings not made by staff, and viable alternatives to comply with the Code. Staff recommended adopting Resolution P.C. 84- denying the application for Variance No. 108. Issues raised by the Commission to staff related to the amount of grading, placement of footings, separation of decks with no physical connection between the deck and the house in order to meet accessory structure code requirements and the interpretation of the code relative to measurement of separation and its technicalities. A brief question and answer period ensued. Mr. Frank Politeo, architect, 809 So. Gaffey, San Pedro, noted his feelings as follows: the height does not change the roofline. He thought the matter being discussed was a gray area of the Code and asked the Commission for its approval. The deck is to be self supporting and follows the configuration of the lot. Minutes September 12, 1984 Page Two Mr. Von Hagen asked how much grading would be done. Mr. Politeo said 0 to 3 feet of fill in I - -� maxium, —_and itwillbe done according to.-thq��411 Code. Mr. Richard L. Beattie, 29722 Grandpoint, landowner said the deck could be separated by one inch but thpt it seemed ridiculous. He would comply if that was necessary. at4V-A4 &.0ce-, Mrs. Wike inquired about the project next door. )K, OW -cr Mr. Beattie said it was -dere Mr. Von Hagen moved to close the public hearing; seconded by Mrs. Wike and passed. Commission's rationale was as follows: Mrs. Wike felt the house was already out of code and thait the separation seemed foolish. She thought the findings could consider extraordinary and exceptional circumstances and the necessity for preservation of property rights. She was opposed to denying the use of the property because it was not detrimental to the public health and welfare. Mr. Von Hagen believed t - he matter -was a qrav area and_thedecision a-subjqctiye one;-- therefore, he was not willfing tohandicapthe applicant due to some technicality. Mrs. Ortolano was in favor of granting the Variance also. Mr. Rubin requested stronger language to substantiate the findings in the resolution. Mrs. Wike thought Finding #2 was necessary for the enjoyment of the property and that the separation could become a potential hazard. Mr. Von Hagen suggested minimal impact on the subject property with the proposed location. He thought Finding #2 was a clear situation of form over substance. Mrs. Ortolano asked staff whether his recommendation related to the "spirit of the Code" or the Letter of the Code. Her recommendation for language of Finding #2 was to read: The deck is necessary for the enjoyment of substantial property right in that it is a sloping lot. A motion was made by Mr. Von Hagen,- seconded by Mrs. Wike, and passed to approve Variance No. 108. As a matter of record, Mrs. Ortolano mentioned this issue is appealable to the City Council within 15 days. Staff was requested to bring back a resolution Af-aWrova],--Atj-he.next meeting. 2 +1 t Minutes September 11, 1984 Page Three Staff Mr. Rubin stated that Assistant Planner Phyllis Parker is presently researching the construction on the slope policy. He said that a miscellaneous code amendment is being prepared to deal with various inconsistencies and other problem areas in the Development Code. A work session is scheduled for early November and matters of concern will be the slope policy, interpretation of the Code, solar panel construction, defining terms of acceptablity, as well as other assorted issues. Commission violations and felt there is no question of I I . Mr. Von Hagen reported on the tour of Eastview on September 8, 1984 and he pointed out code the enforcement needed. Mr. Von Hagen moved for adjournment at 8:25 p.m.; seconded by Mrs. Wike and passed. 3