PC RES 1991-004P.C. RESOLUTION NO. 91-4
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF RANCHO PALOS VERDES
APPROVING THE APPEAL OF MINOR EXCEPTION PERMIT NO.
399 TO ALLOW A 10 PERCENT REDUCTION OF THE
SIDE YARD SETBACK FOR CONSTRUCTION OF A
BALCONY WHICH ENCROACHES 1.85 FEET INTO THE
REQUIRED 17.75 FOOT SIDE YARD SETBACK AT 37
MARGUERITE.
WHEREAS, on October 19, 1990, the Director of
Environmental Services denied Minor Exception Permit No. 399
for construction of a balcony which encroaches 1.85 feet into
the required 17.75 foot side yard setback at 37 Marguerite;
and
WHEREAS, on November 2, 1990, the landowner, Mr. Lee
Clow, filed an appeal of the Director's decision to the
Planning Commission within 15 calendar days of the decision
of the Director of Environmental Services; and
WHEREAS, after notice pursuant to the City's Development
Code, the Planning Commission held a public hearing on
January 8, 1991, 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 practical difficulties due to
a deviation of the southern property line to the northeast
which creates an unusual configuration of the lot.
Section 2: That the above described deviation of the
property line creates an unnecessary hardship which prevents
the structure from conforming to the required side yard
setback.
Section 3: That the granting of the Minor Exception
Permit will not be materially detrimental to adjacent
property in that the structure has been designed to allow for
articulation of the building to prevent a solid wall adjacent
to the setback.
Section 4: That the granting of this Minor Exception
Permit will not confer a special privilege upon the property
because the deviation of the property line creates a unique
situation not found on other properties in the immediate
area.
LI
C
Section 5: For the foregoing reasons and based on
information and findings included in the staff report,
minutes, and evidence presented at the public hearing, the
Planning Commission hereby approves without conditions the
appeal of Minor Exception Permit No. 399, thereby overturning
the Director of Environmental Services decision and allowing
the 10 percent reduction of the side yard setback for
construction of a balcony which encroaches 1.85 feet into the
required 17.75 foot side yard setback in accordance with the
plans submitted to the Planning Commission.
PASSED, APPROVED, and ADOPTED this 22n 4-Aay of Ja
1991.
Ro ert Bena d Directo of
Environmental Service and
Secretary to the Commission
Petet Von Hagen
Chairman
P.C. Resolution No. 91-4
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