PC MINS 19841211MINUTES
City of Rancho Palos Verdes
Planning Commission
Regular Meeting
December 11, 1984
The meeting was called to order at 7:35 p.m. by former Chairman Harvey
Brown at 29301 Hawthorne Boulevard.
PRESENT: MCNULTY, ORTOLANO , BROWN, VON HAGEN, WIKE ,
Also present were Associate Planner Steve Rubin, Assistant Planners Gary
Pedroni, Phyllis Parker and Greg Fuz, and Secretary Ann Brenesell.
REORGANIZATION Outgoing Chairman Harvey
Brown formally presented
the gavel to incoming
Chairman Robert McNulty.
ELECTION OF
VICE CHAIRPERSON
elected Vice Chairperson.
MINUTES
November 27, 1984
Von Hagen and passed unanimously.
By Commission consensus,
Peter Von Hagen was
Dr. Brown moved to approve
the minutes of November
27, 1984, seconded by Mr.
OLD BUSINESS
VARIANCE No. 111
30438 Palos Verdes Drive East
Maxwell Assistant Planner Phyllis
Parker stated the
applicant requested the
application be continued to the January 29, 1985 meeting pending further
investigation of the Certificate of Compliance.
The Certificate of Compliance issue was emphasized as being a critical issue.
Dr. Brown moved to continue Variance No.111 to the January 29, 1985 meeting;
seconded by Mr. Von Hagen and passed unanimously.
VARIANCE NO. 112
6264 Ocean Terrace Drive
Lewis Assistant Planner Gary Pedroni
presented the staff report of
December 11, 1984 giving a
brief history and stated the dimensions of the wall and gate. Since the findings
could not be made, staff recommended denial of Variance No. 112 requiring
the wall and gate to be lowered to a maximum height of forty-two inches.
(D
Minutes
December 11, 1984
Page Two
Commission requested additional background regarding the history of violations.
Staff mentioned that the Code Enforcement history file is kept on file in
the Environmental Services department. He stated a Stop Work Order was issued
in July and there was no written response on file from the applicant.
At this point, staff defferred to the applicant for further information.
Commission concerns centered on when the stop work order was issued, the
time lag between receipt of stop work notice and application for the variance,
when the home was occupied, and how far the wall encroached into the setback.
Chairman McNulty opened the public hearing.
Dr. Marshall Lewis, applicant, 6264 Ocean Terrace responded to Commission
concerns. He stated he never received a stop work order in writing; he
moved into the home in April or May, 1983 and that the gate was installed to
conform to the house with no intention of making it higher than what code
allowed. He also did not believe the fence blocked any views. The wall was
brought to the attention of Environmental Services Code Enforcement
through an investigation of another wall in the neighborhood.
Lengthy discussion ensued between Commission members and Dr. Lewis relative
to when Dr. Lewis was notified of the violation and non-conformance, his
reason for not responding to Code Enforcement correspondence, and when the
wall was actually completed.
Commission reiterated the importance and responsibility of the contractors and
architects to comply with City Codes, and the City's power to request an
applicant to tear down the construction if it is in non-compliance with the
Code. The Commission was concerned mostly, however, with the encroachment
into the front setback rather than its height.
John Muckle, 6024 Ocean Terrace supported the Variance and repeated the
chronology of events. He enumerated reasons supporting the variance:
necessity for privacy and protection, property was adjacent to a heavily
used trail and the house is located at the lowest point of the tract.
Dr. Brown moved to close the public hearing; seconded by Mrs. Wike .
Dr. Brown moved to direct staff to prepare a resolution approving the Variance
and to bring it back at the January 15th meeting.
The following language was suggested by Dr. Brown to make the findings:
(1) Extraaordinary circumstances exist by virtue of the cul-de-sac, slope
of the land and other site conditions.
(2) There are other properties with similar site constraints and requirements
that could apply for and receive approval
(3) Agreed with staff's finding.
(4) Granting the variance would be in compliance with the General Plan.
Minutes
December 11, 1984
Page Three
The Commissioner's rationale followed with all
concern that there is an obligation on the part
to design and build within the City's Codes to
product.
Comissioner's sharing the
of the architects/contractors
achieve a legally approved
There was concern voiced relative to a possible proliferation of walls/fences,
the fact that the project is clearly out of compliance with the Code and
therefore, the negative message being sent to the public that the rules of the
Development Code are not being strictly enforced and that the cul-de-sac could
look like a fortress should more walls be approved.
However, the majority of the Commission were willing to make the necessary_
findings as already suggested by Dr. Brown due to the unique situation and
the lenghty time span involved in the code enforcement follow up.
Following this discussion,Dr. Brown's motion was seconded by Mr. Von Hagen and
passed by majority vote.
ROLL CALL VOTE: AYES: Brown, Ortolano, Von Hagen
NOES: Wike, McNulty
MINOR EXCEPTION PERMIT #164 -APPEAL
27102 Diamond Head Lane
Roosli A brief staff report and
background was presented by
Assistant Planner Phyllis
Parker which recommended denial of appeal to MEP 164, upholding staff's
decision.
Verna Roosli, applicant, 27102 Diamond Head Lane expressed her desire for
the approval so that all three cars could be placed in the garage. She
submitted letters of support from neighbors. She stated that because of the
length of time involved, the landscaping has remained unfishished, and
therefore, she has received anonymous letters regarding the "unsightliness"
of the property.
Dr. Brown moved to grant the appeal to Minor Exception Permit #164 with the
condition of a roll up garage door with automatic opener; seconded by Mr.
McNulty and passed unanimously.
REPORTS
Staff Associate Planner Steve
Rubin stated the January
meetings have been changed
to January 15th at Hesse Park and January 29th in the Community Room, 30942
Hawthorne Boulevard.
ADJOURNMENT
Boulevard.
Dr. Brown moved to adjourn
at 9:05 p.m. to January 15,
1985 at 29301 Hawthorne
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