PC RES 1986-006 RESOLUTION P.C. NO. 86 - 6
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING A PORTION
OF VARIANCE APPLICATION NO. 131.
WHEREAS, Josef Kubicek has requested Variances to allow
a portion of an existing storage room exceeding 400 square feet, within
an Open Space Hazard Zone to remain, and to allow a five car carport at
#18 La Vista Verde.
WHEREAS, after notice pursuant to the City's Development
Code, a public hearing was held on February 11, 1986, 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 or conditions applicable to the size, shape, topography
or location of the subject property since approximately two-thirds of
the property is within the Open Space Hazard Zone due to extreme slopes,
the area is subject to high fire hazard as noted in the General Plan
and a natural drainage course traverses the property.
Section 2: That a Variance for the storage room is
necessary to preserve or allow the enjoyment of a substantial property
right of the applicant which is possessed by other property owners
under similar conditions in the same zoning district since the applicant's
property within the Open Space Hazard Zone must be maintained and the
equipment used to maintain this property must be stored adequately at
an accessible location.
A Variance for a five car carport is not necessary to
preserve or allow the enjoyment of a substantial property right, as
noted above, since an enclosed two car garage with two additional tandem
spaces, can be built in compliance with the Development Code.
Section 3: That the granting of such a Variance for the
portion of the storage room will not be materially detrimental to the
public welfare or injurious to property and improvements in the area in
which the property is located since the conditions placed on the project
will reduce fire hazard within the canyon and ensure that the structural
integrity of the storage room is verified by the Building Official and
City Geologist.
Section 4: That the granting of a Variance for the five car
carport would be materially detrimental to the public welfare and injurious
to property and improvements in the surrounding area since the sight of an
unbroken row of five automobiles abreast and the expected echo chamber effect
of automobiles starting in the unclosed carport would be incompatible with
the semi-rural, single family residential character of the neighborhood.
Section 5: That granting of a Variance for the portion of the
existing storage room exceeding 400 square feet is not contrary to the
General Plan.
Section 6: For the foregoing reasons, the Planning Commission
of the City of Rancho Palos, Verdes hereby approves a portion of Variance
Application No. 131 relating to the storage room subject to the following
conditions necessary to protect the public health, safety and general
welfare:
A. The subject structure and tennis court must be
entirely within the boundaries of #18 La Vista Verde.
A lot line adjustment between #18 La Vista Verde and
#19 La Vista Verde, pursuant to City regulations, shall
be recorded before May 17, 1986 to accomplish this.
B. After the lot line has been adjusted, as discussed
Condition A above, the existing storage structure shall
be in compliance with City building setback regulations.
C. Access rights to the subject structure from #18 La Vista
Verde, by way of an existing hillside driveway that
traverses the lot line of the adjacent property, shall be
guaranteed through recordation of an easement or adjustment
of lot lines before May 17, 1986.
D. Building permits, with geology reports as may be required
by the City Geologist, shall be obtained for the subject
structure and adjacent septic tank before May 17, 1986.
E. The applicant shall prepare and record an agreement waiving
any potential liability the City might incur that is related
to the issuance of building and zoning approval for this
project within sixty (60) days of Planning Commission approval.
F. The applicant shall prepare and record an agreement within
sixty (60) days of Planning Commission approval prohibiting
the use of the subject structure as a dwelling unit.
G. The existing carport shall be replaced with two enclosed
parking spaces within 12 months of Planning Commission approval.
Such construction is subject to City permit requirements.
ADOPTED and APPROVED this 25th day of February, '86
/.1
Pete• .rl Vo Hagen
Chai man
e4k..//M0A4m4te,g
Ann M.W. Negendank/y
Acting Director o 'nvironmental Services
and Secretary to the Commission
Page -2- Resolution P.C. NO. 86 - 6