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PC RES 1992-020P.C. RESOLUTION NO. 92-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 319 TO ALLOW AFTER CONSTRUCTION OF WALLS OVER 30 INCHES IN HEIGHT WITHIN THE INTERSECTION VISIBILITY TRIANGLE ON PROPERTY LOCATED AT 4351 MIRALESTE DRIVE. WHEREAS, Mr. and Mrs. Joseph Yankovich have submitted a variance to allow construction of walls over 30 inches in height within the intersection visibility triangle on property located at 4351 Miraleste Drive; and WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, a public hearing was held on March 24, 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 1: That there are exceptional or extraordinary circumstances applicable to the property which do not apply generally to other properties in the same zoning district, because the property is surrounded by public right-of-way on three sides and due to the sloping topography and split pad configuration on the site. 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 because the request has been made to provide security and privacy on the property, which right is typically enjoyed by other property owners in the City, without the requirement for discretionary review. 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 site and proposed plans have been reviewed by the Department of Public Works and it was determined that the proposed walls do not cause a disruption to the visibility at the intersection. Furthermore, the encroachment of the proposed walls will be less than currently exists and will therefore be an improvement over the existing conditions. 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. 319 to allow construction of walls over 30 inches in height within the intersection visibility triangle subject to the conditions of approval in Exhibit "All which are necessary to protect the public health, safety, and welfare. PASSED, APPROVED, and ADOPTED this 24th day of March, 1992. CarolynnPetru, Actinq Direc or of Environmental Services and Secretary to the Commission Robert Katherman Chairman P.C. Resolution No. 92-20. Page 2 of 3 EXHIBIT "A" Conditions of Approval Variance No. 319 4351 Miraleste Drive 1. The applicant and their representative shall comply with all conditions of approval of Minor Exception Permit No. 426 and Grading Permit No. 1578. 2. Maximum combined height of retaining walls and wrought iron fencing above or any freestanding fences and walls located within the intersection visibility triangle along Kingsridge Drive shall not exceed 6 feet in height. 3. No modifications to the existing wall located within the public right-of-way on Miraleste Drive are permitted with this approval. P.C. Resolution No. 92-20. Page 3 of 3