PC RES 1978-040RESOLUTION P.C. NO. 78-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES GRANTING VARIANCE
NO. 28
WHEREAS, Paul Kaye has requested a Variance for a five-foot fence to be located
in the front yard setback on the property located at 9 Diamonte Lane; and
WHEREAS, after notice, issued pursuant to the provisions of the City's Develop-
ment Code, public hearings were held on May 23, June 27, and August 22, 1978, at which
time all interested parties were given an opportunity to be heard and present evidence.
NOW, THEREFORE, the Planning Commission of the City of Rancho Palos Verdes does
hereby find, determine, and resolve as follows:
Section 1: That there are exceptional or extraordinary circumstances due to the
configuration of the applicant's house and yard. The Code, by definition of front
property lines, establishes the most usable outdoor area as the front yard and applies
the most restrictive standards for setbacks to this area. The manner in which the
house is situated on the lot establishes this area as the only usable outdoor area,
save the driveway.
Section 2: That such variance is necessary for the preservation and enjoyment
of a substantial property right of the applicant because most lots in this area are
fairly flat, as is this one, or have flat yard areas on which to install pools or
similar outdoor uses. This lot which possesses similarities in topography, intensity
of development; and general characteristics to surrounding lots is restricted with
setback standards which would not apply to the usable outdoor areas of the other lots.
Part of the hardship is caused by the requirement of a five-foot fence to enclose the
pool.
Section 3: That this variance, as conditioned, would not be materially detri-
mental to the public welfare or injurious to property or improvements in the area.
Section 4: That the granting of this variance will not be contrary to the ob-
jectives of the General Plan.
Section 5: For the foregoing reasons, the Planning Commission of the City of
Rancho Palos Verdes hereby grants approval of Variance No. 28 subject to the condi-
tions listed in Exhibit "A".
APPROVED and ADOPTED this 12th day of September, 1978.
W. Hightower
Director of Planning ad
Secretary to the Commission
EXHIBIT "A"
VARIANCE NO. 28 IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
1. Lower block retaining wall to a maximum height of four (4) blocks (approxi-
mately thirty-six (36) inches including cap block and mortar spaces) within
critical sight area, as defined by twenty-five (25) feet in either direction
from the center of the wall.
2. No shrub, deck or soil shall be maintained at a height higher than a line
drawn on top of the wall within the critical sight area, and that a deed
restriction be filed to that effect.
3. The application shall include a comprehensive plan for the pool design, land-
scaping, location of pool equipment, etc.
4. The applicant shall install caution signing as a warning to oncoming vehicles,
the size and text of which to be approved by the Director of Public Works,
prior to installation of poly -carbonate.
5. The applicant shall submit, in writing, a letter agreeing to maintain the
Cbunty-approved-clear-*-p.oly�carbonate-inza-c6nditi6n:of clarity. Should the
Director of Planning deem the plastic not properly maintained, the applicant
will be given fifteen (15) days to correct the problem or the variance appli-
cation shall be revoked.
6. Construction on the wall and fence shall have commenced within one hundred
eighty (180) days of the date of this resolution and the construction shall
be pursued diligently until its completion.
Resolution No. 78-40 (P.C.)