PC RES 1992-015RESOLUTION 92-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 315,
AND GRADING PERMIT NO. 1620 TO ALLOW AFTER -THE -FACT
APPROVAL OF A 368 SQUARE FOOT GAZEBO, SPA, 186 SQUARE
FOOT TRELLIS AND TWO UPSLOPE RETAINING WALLS AT 11
SADDLE ROAD.
WHEREAS, Phillip Rubaloff and Karen Vondra have requested
a variance and a grading permit to allow the encroachment of
a gazebo, spa and trellis into the required rear and side
yard setback areas and two upslope retaining walls to create
a level area for the gazebo and spa; and
WHEREAS, after notice pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was
held on March 10, 1992 at which time all interested parties
were given the 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 and extraordinary
circumstances or conditions applicable to the property which
do not apply generally to other properties in the same zoning
district in that the applicants have a limited amount of
space in the rear yard due to the placement of the house
towards the rear portion of the lot, which leaves
insufficient area for expansion other than the rear and side
yard setback areas.
Section 2: That such a variance is necessary for the
preservation and enjoyment of a substantial property right of
the applicants and said right is enjoyed by other property
owners under like conditions since other properties in the
RS -2 zoning district can accommodate similar accessory
structures in the rear yard.
Section 3: That the granting of the variance would not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property
is located, since the applicant is required to obtain
building permits for the existing retaining walls, relocate
the stairs on the north end of the property, and reduce the
northern end of the trellis by five feet and plant vegetative
screen for a sufficient distance and height to ensure the
privacy of the adjacent neighbors at 15 Saddle Road.
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Section 4: That the granting of such a variance will not be
contrary to the objectives of the General Plan and that the
project does not alter the residential use of the property
and the property is not located in the Coastal Zone.
Section 5: For the foregoing reasons and based on the
information and findings included in the Staff Report and
records of the proceedings, the Planning commission hereby
approves Variance No. 315. and Grading Permit No. 1620
subject to conditions of approval attached in Exhibit "All
which are necessary to protect the public health safety and
welfare.
PASSED, APPROVED AND ADOPTED this 19th day of March, 1992.
CarolynMPetru, Acting Director
of Environmental Services
Robert Katherman
Chairman
Resolution No. 92-15
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EXHIBIT A
Conditions of Approval
Variance No 315, Coastal Permit No 109, Grading No. 1612
1. The applicants shall modify the proposed trellis
structure to reflect the changes made by the Planning
Commission during the meeting of March 10, 1992 and
submit the new plans to the Department of Environmental
Services for clearance. These changes are as follows:
a. Relocate or modify the trellis on the northern side
in order to respect the required 5 foot side yard
setback.
b. Move the access stairway located in the five foot
side yard setback along the northern side of the
property to the opposite end of the trellis at the
southern end.
c. A privacy screen shall be placed on the northern side
of the property and shall extend from the rear yard
property line at the top of the transition slope to
the top of the furthest upslope retaining wall. The
screen shall be limited to a height of 6 feet
measured from the adjacent grade of the slope. If
the applicant chooses to use vegetative screening,
individual trees planted together to form a hedge
shall be maintained at a minimum height of 6 feet.
All trees that are proposed to exceed this height
shall be planted at a sufficient distance apart in
order to maintain a length of three feet between each
trunk at all times.
2. Maximum height of the gazebo shall not exceed 12 feet
above existing adjacent grade.
3. Building permits are required for all structures and
retaining walls.
4. A minimum open space requirement of 60 percent shall be
maintained.
5. Disturbance to the extreme slope at the rear of the
property shall be limited to the removal of the existing
stairs at the northern portion of the property to the
southern end of the trellis.
7. No further construction on the extreme slope shall be
permitted.
8. All other setback distances shall be maintained: 5 foot
side yard, 15 foot rear yard, and 20 feet in the front
yard.
Resolution No. 92-15
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