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PC RES 1990-053P.C. RESOLUTION NO. 90-53 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 277 TO ALLOW CONSTRUCTION OF A SIX FOOT HIGH CONCRETE BLOCK WALL WITHIN THE STREETSIDE SETBACK AND INTERSECTION VISIBILITY TRIANGLE AT PROPERTY LOCATED AT 26946 FOND DU LAC ROAD. WHEREAS, Dr. and Mrs. Moon Hyun Nam have requested a Variance for construction of a six foot high concrete block wall within the streetside setback and intersection visibility triangle at the northwest corner of Silver Spur and Basswood Avenue; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on October 9, 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 exceptional or extraordinary circumstances or conditions applicable to the property which do not apply generally to other properties in the same zoning district, since the property is located directly across the street from Rolling Hills High School and is subject to heavy pedestrian traffic. section 2: That such a variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district in that a similar wall is located on the southwest corner of Silver Spur and Basswood Avenue directly opposite the subject property and that denial of this application would deny the applicant a substantial property right which is possessed by other property owners under like conditions. Section 3: That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property and improvements in the area in which the property is located in that the Department of Public Works has determined that the location of the wall will not adversely impair visibility within the intersection visibility triangle and therefore will not be materially detrimental to public welfare, and that the wall will be compatible with similar improvements in the area in which the property is located. 111 Section 4: That the granting of such a variance will not be contrary to the objectives of the general plan or the policies and requirements of the coastal specific plan in that no change in the land use is proposed and the project site is not located within the coastal zone. Section 5: For the foregoing reasons and based on the information and findings included in the staff report, minutes, and the records of proceedings, the Planning Commission hereby approves the request for approval of Variance No. 277 to allow construction of a six foot high concrete block wall within the streetside setback and intersection visibility triangle subject to the conditions of approval in Exhibit "A" which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 9th day of October, 1990. Ae' i/ `I obe rt M• 'u l ty/ Cha i rma, 'obert Benard, Director of/ Environmental Services and Secretary to the Commission P. C. Resolution No . 90-53 Page 2 !II !II EXHIBIT "A" Conditions of Approval Variance No. 277 26946 Fond du Lac Road 1. Landowner shall submit to the City a Covenant to Maintain Property to protect views prior to issuance of final Planning approval . 2. Maximum height of the wall , including cap, shall not exceed six feet at any point. 3. The wall shall be constructed entirely on the subject property and shall not encroach into the public right- of-way. ight- of-way. P.C. Resolution No . 90-53 Page 3