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PC RES 1989-043P.C. RESOLUTION NO. 89-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DENYING VARIANCE NO. 234 FOR A SOLID WALL TO EXCEED 42 INCHES WITHIN THE STREET SIDE SETBACK AT 1 HEADLAND DR. WHEREAS, Dr. Maurice Lam has requested a Variance for a solid freestanding wall to exceed 42" within the street side setback; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, public hearings were held on July 25 and August 8, 1989, 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 no special circumstances related to the size, shape, and topography of the property which are not generally found on other lots in the same zoning district, since the subject property is a typical graded lot found throughout the zoning district. Section 2: That there are no special circumstances which unreasonably restrict the applicant's ability to develop property in conformance with City development regulations in that Section 17.42.030 of the Development Code permits a wall up to 42 inches and a fence up to 6 feet in the street -side setback subject to the approval of the Director of Environmental Services. Section 3: That the approval of the Variance will confer a special privilege on the applicant in relation to similarly situated property owners in the same zoning district, in that there are alternative designs for the wall which would comply with Code requirements. Section 4: That the approval of the Variance will cause materially detrimental effects on the surrounding properties in that the solid wall on the street side property line will have an immediate and cumulative negative visual impact. Section 5: That the Variance request is contrary to the policy of the General Plan aimed at preserving the open an rural character of the City. Section 6: For the foregoing reasons, the Planning Commission of the City of Rancho Palos Verdes hereby denies Variance No. 234 for an existing solid wall to exceed 42 inches within the street side setback. • 4P PASSED, APPROVED, and ADOPTED this 8th day of August 1989. obbrt Ben d, Directoy( of Environmental Serviceand Secretary to the Commission RB:LB:pg Luella L.Wike Chairperson P.C. Resolution No. 89-43 Page 2