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PC RES 1991-023P.C. RESOLUTION NO. 91 - 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 287 FOR A DECK TO ENCROACH SEVEN FEET OVER AN EXTREME SLOPE AND TWO FEET INTO THE SIDEYARD SETBACK AT 30332 VIA BORICA. WHEREAS, Mr. and Mrs. Dennis Bruns submitted Variance No. 287 on February 8, 1991 to allow a wooden deck to encroach seven feet over an extreme slope and to extend two feet into the five foot sideyard setback. WHEREAS, after notice pursuant to the City's Development Code, a public hearing was held on May 28, 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 exceptional or extraordinary circumstances or conditions applicable to the property, since the lot contains a very limited amount of usable yard area because of an extreme slope which occupies approximately 77% of the lot and that the extraordinary condition on the applicant's property does not apply generally to the remainder of properties in the surrounding neighborhood. Section 2: That a Variance 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 several adjacent properties with similar limits on the amount of usable rear yard area possess decks which partially encroach over an extreme slope or into a sideyard setback. Section 3: That the granting of the Variance will not be materially detrimental to the public welfare and injurious to property and improvements in the area in which the property is located, since the proposed deck would not impair the views or adversely impact the privacy of surrounding residences. Section 4: That the Variance is not contrary to the provisions of the General Plan since the proposed deck would not alter the existing residential use of the site and is in conformance with all land use control elements of the General Plan. i 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 of the City of Rancho Palos Verdes hereby approves Variance No. 287 and allows a 63 square foot wooden deck to encroach seven feet onto an extreme slope and extend two feet into the five foot setback subject to the conditions of approval attached in Exhibit "A". APPROVED AND ADOPTED this 28th day of May, 1991. Peter Voh Hagen Chairperson oert Bena d, Director of En ironmental Services and Secretary to the Commission P.C. Resolution No. 91-23 Page 2 • VARIANCE NO. 287 Exhibit "A" i 1. The color of the deck extension shall be subject to approval by the Director of Environmental Services prior to painting. 2. The proposed deck shall be screened from adjoining residences by planting vegetation at the base of the deck and along the north side property line. The applicant shall submit a Landscape plan indicating such screening to the Director of Environmental Services for approval prior to building permit issuance. P.C. Resolution No. 91-23 Page 3