PC RES 1990-023 111 411
P.C. RESOLUTION NO. 90-23
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING COASTAL
PERMIT NO. 88, VARIANCE NO. 257, GRADING NO.
1427 AND CONDITIONAL USE PERMIT NO. 68-
REVISION "A" TO ALLOW A HABITABLE STRUCTURE AND
A FIVE FOOT HIGH STRUCTURAL RETAINING WALL WITHIN A
SLOPE GREATER THAN 35% AT 73 LAUREL DRIVE.
WHEREAS, Mr. and Mrs. Michael Ahn have requested a Variance
to allow a portion of the garage and a five foot high side yard
retaining wall to be constructed within a slope greater than 35%
at 73 Laurel Drive; and
WHEREAS, after notice issued pursuant to the provisions of
the Rancho Palos Verdes Development Code, a public hearing was
held on May 8, 1990, 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 exceptional and extraordinary
circumstances and conditions applicable to the property which do
not apply generally to other properties in the same zoning
district, in that the lot has more than 19, 000 square feet of
buildable area outside of the required setbacks. The pad size is
large enough to accommodate the proposed 4800 square foot building
footprint outside of the slope. The lot is not substandard in its
width or depth and the proposed 5' high structural retaining wall
to provide for a 4' wide level walkway along the south side of the
residence is not required as the rear yard has other points of
reasonable access.
Section 2: That the Variance is not necessary for the
preservation and enjoyment of a substantial property right of the
landowner, since as a condition of the tract, all retaining walls
within the side yard setbacks have been limited to a maximum of
42" . Approval of grading within the extreme slope for the garage
and for the side yard wall to a height of 5 ' would provide a
property right that no other property owner in the vicinity has.
Adequate area on the property exists to insure the development of
the residence and for exterior access for service, emergency
vehicles and for outdoor living without development into the
slope.
Section 3: That granting of Variance would be materially
detrimental to the public health, safety, and welfare since the
installation of a 5' high wall in lieu of a landscaped transition
slope would have a negative visual impact on the surrounding
properties and the complete removal of the slope may adversely
impact the stability of adjacent properties.
•
Section 4: The proposed development is not in conformance
with the General Plan since it is a key policy of the Coastal
Specific Plan and the Development Guidelines to provide
development which is harmonious with the surrounding area. The
grading which completely removed the transition slope for the
garage and for the proposed 5• high side yard retaining wall is
not in conformance with conditions of the tract and is not
harmonious with the surrounding development.
Section 5: For the foregoing reasons, the Planning
Commission of the City of Rancho Palos Verdes hereby denies
Variance No. 257.
PASSED, APPROVED, and ADOPTED this 8th day of
Robert Benard, Director of
Environmental Services and
Secretary to the Commission
,Miert Mc/N
airpers n
P.C. Resolution No. 90-23
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