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PC RES 1992-016P.C. RESOLUTION NO. 92-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 318 TO ALLOW AFTER THE FACT CONSTRUCTION OF A DECK WHICH EXTENDS EIGHT AND 1/2 FEET INTO THE REAR SETBACK ON PROPERTY LOCATED AT 6 AVENIDA DE CAMELIA. WHEREAS, Matt and Cathe Petrasich have submitted a variance request for after -the -fact approval of a deck which extends eight and 1/2 feet into the rear setback of property located at 6 Avenida de Camelia; and WHEREAS, after notice issued 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 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 3: That there are exceptional or extraordinary circumstances applicable to the property which do not apply generally to other properties in the same zoning district, since the depth of the rear yard is less than that of surrounding property, and there is less area available for construction of accessory structures in conformance with Development Code standards. 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 the proposed deck will increase the usable outdoor living area on the property. 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 because the approval has been conditioned to require the materials and color of the structure to be compatible with surrounding structures and walls, and the owner will be required to comply with all recommendations, if any, of the Division of Building and Safety. Additionally, the large common area slope located between the subject property and existing residences to the east provides an adequate buffer. 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 residential 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 and records of the proceedings, the Planning Commission hereby approves the request for approval of Variance No. 318 to allow after -the -fact construction of a deck which extends eight and 1/2 feet into the rear setback 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 19th day of March, 1992. Caro ynn a ru, Acting Dire of Environmental Services and Secretary to the Commission Ro er Ka erman Chairman P.C. Resolution No. 92-16. Page 2 of 3 EXHIBIT "A" Conditions of Approval Variance No. 318 6 Avenida de Camelia 1. Materials and colors used for construction of the deck shall be chosen to be compatible with surrounding structures and walls. Said materials and colors are subject to the review and approval of the Director of Environmental Services. 2. Prior to issuance of building permits, the landowner shall submit to the City a Covenant to Maintain Property to protect views. 3. Maximum height of the deck, including handrails or other features, shall not exceed 7-1/2 feet, measured from the existing adjacent grade in the rear yard. 4. The landowner and their representative shall comply with all recommendations and requirements, if any, of the Division of Building and Safety. P.C. Resolution No. 92-16. Page 3 of 3