PC RES 1991-028 411 111
P.C . RESOLUTION NO. 91-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 298
TO ALLOW AFTER-THE-FACT APPROVAL OF AN ALUMINUM PATIO
ENCLOSURE APPROXIMATELY 8 FEET FROM THE REAR PROPERTY
LINE, ONE PATIO COVER 3-1 /2 FEET FROM THE SIDE PROPERTY
LINE AND A SECOND PATIO COVER WITHIN THE REAR SETBACK
ON PROPERTY LOCATED AT 6329 VILLA ROSA.
WHEREAS , in response to a notice of Code violations, an
application for Variance No . 298 was submitted to the City on April 29 ,
1991 , requesting after-the-fact approval of an aluminum patio enclosure
constructed within the rear setback, one patio enclosure constructed
within the side setback, and a second patio enclosure constructed
within both the side and rear setbacks on property located at 6329
Villa Rosa; and
WHEREAS , the subject structures are depicted as structure "1" ,
"2" , and "3" on the plot plan attached in Exhibit "A" ; and
WHEREAS , after notice pursuant to the City' s Development Code , the
Planning Commission held a public hearing on June 25 , 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 involved which
warrant approval of the enclosure of an aluminum patio area ("Structure
1" ) 8 feet from the rear property line and of the patio cover
("Structure 2" ) located adjacent to the structure 3-1 /2 feet from the
side property line . The location of the aluminum patio cover within
the setbacks was permitted by the County and enclosure of this area
does not increase the non-conformity. The patio cover located within
the side setback respects the same setbacks as the legally constructed
residence , and therefore extending the patio cover along the same line
of the structure does not exacerbate the encroachment . The rear yard
of this property is exceptionally small when compared to other
properties in the same zoning district and warrants the granting of
this Variance for the second patio cover located within the rear
setback.
Section 2 : That such a variance to allow the enclosed aluminum
patio area (Structure 1 ) , the patio cover located adjacent to the
structure (Structure 2) , and the patio cover located within the rear
setback (Structure 3 ) is necessary for the preservation and enjoyment
of a substantial property right of the applicant which is possessed by
other property owners under like conditions since the County approved
the aluminum patio cover which has encroached into the setback for over
411 411
20 years and since many other property owners in the City have patio
covers within their rear yards to provide shade both inside the
residence and in the back yard.
Section 3 : That the granting of the variance for the enclosed
aluminum patio (Structure 1 ) , the patio cover adjacent to the
residential structure (Structure 2) , and for the patio cover located
within the rear setback (Structure 3 ) will not be materially
detrimental or injurious to property and improvements in the area
because none of the structures cause view impairment .
Section 4 : That the granting of the variance will not be contrary
to the general plan or the policies and requirements of the coastal
specific plan since the land use on the site will remain single family
residential and because the property is not located within the coastal
zone .
Section 5 : For the foregoing reasons and based on information and
findings included in the Staff Report , records of proceedings , and
evidence presented at the public hearing, the Planning Commission of
the City of Rancho Palos Verdes hereby partially approves Variance No .
298 subject to the conditions of approval contained in the attached
Exhibit "B" which are necessary to protect the public health, safety,
and general welfare in the area.
PASSED, APPROVED, AND ADOPTED this 25th day of J , 1991 ..
/1: 7
/;///////'-
Z//';'/X j I
Peter Von Hagen
Chairman
o ert Ben rd, Directo of
E vironmental Service and
Secretary to the Commission
P.C. Resolution No . 91-28 .
Page 2
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P.C. Resolution No. 91-28
Page 3
110
EXHIBIT "B"
Conditions of Approval
Variance No . 298
6329 Villa Rosa
1 . Approval of this application is subject to the issuance of
Building Permits by the Division of Building and Safety. Within
60 days of this approval , the applicant shall obtain Building
Permits for the enclosure of the aluminum patio cover (Structure
1 ) and for the patio cover located adjacent to the residential
structure (Structure 2) .
2 . Within 60 days of this approval , the second patio cover (Structure
3 ) shall be reduced in size so that a minimum setback of 11 feet
is maintained, with no more than a 4 foot encroachment into the
setback.
3 . Prior to issuance of Building Permits , the landowner shall submit
to the City a Covenant to Maintain Property to Protect Views .
4 . Failure to comply with any of the above conditions of approval
shall render this approval null and void, and Structures 1 , 2 , and
3 shall then be removed from the property.
P.C . Resolution No . 91- 28
Page 4