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.
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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.
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