PC RES 1992-041Lt.
RESOLUTION 92-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 334,
AND GRADING PERMIT NO. 1635 TO ALLOW A BALCONEY OVER
THE ENTRY TO ENCROACH THREE FEET INTO AN EXISTING TEN
FOOT FRONT YARD SETBACK, THREE BALCONIES ON THE
SECOND STORY LOCATED IN THE REAR YARD TO PROJECT 4
FEET OVER AN EXTREME SLOPE, A THREE FOOT EXTENSION OF
THE EXISTING FIRST STORY DECK IN THE REAR YARD FOR A
TOTAL OF EIGHT FEET OVER THE EXTREME SLOPE, ONE SIX
FOOT SIX INCH RETAINING WALL IN THE SIDE YARD AND A
PILASTER OVER 42 INCHES IN HEIGHT LOCATED IN THE
FRONT YARD SETBACK AT 3519 SEAGLEN DRIVE.
WHEREAS, Tom Gugliuzza has requested a variance
application, and a grading application to allow for the
encroachment into the required front yard setback and to
construct over the extreme slope and;
WHEREAS, after notice pursuant to the provisions of the
Rancho Palos Verdes Development Code, a public hearing was
held on June 23, 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 or extraordinary
circumstances or conditions applicable to the property which
do not apply generally to other properties in the same zoning
district, in that the applicant's lot does not have area
available for expansion, other than the front yard and rear
yard extreme slope areas. The severity of the slope at the
rear of the property creates a hardship on the applicant from
developing the property in a similar fashion on a lot without
said physical restrictions.
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 in the same zoning districts,
since the applicants are not able to increase the usable area
of the property, without the granting of a variance. The
extreme slope leaves little or no rear yard area for most of
the properties along the south side of Seaglen Drive and thus
other decks similar to that of the applicant's also exist in
this area.
Section 3: That the granting of the variance will not be
materially detrimental to the public welfare or injurious to
property and improvements in the area in which the property
is located since Staff has conducted a view analysis from the
adjacent residence most likely to be affected from the
proposal and has determined that the proposed decks do not
impair views from this or any other homes in the area.
Section 4: That the granting of such a variance will not
be contrary to the objectives of the General Plan or the
policies of the Coastal Specific Plan, since the General
Plan local standards of housing quality and design are
maintained. The proposed decks would be an improvement to
the overall character of the neighborhood and allow the
applicants to further enjoy the use of their property. The
property is not located in the Coastal District
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. 3334. and Grading Permit No. 1635,
subject to the conditions of approval attached in Exhibit "All
which are necessary to protect the public health safety and
wellfare.
PASSED, APPROVED and ADOPTED
1992.
,this 23rd day of June
ath
Robert Kerman
--5 �
Chairman
Dudley01nderdonk, Director
of Envi./r-o-nmental Services and
Secretary of the Planning Commission
Resolution No. 92-41
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EXHIBIT A
Conditions of Approval
Variance No 334 and Grading No. 1635
A. The applicants shall obtain all necessary Building
Permits from the City's Building and Safety Division.
B. The decks shall be maintained in a color that blends with
natural landscape and shall be sub)ect to the approval of
the Director of Environmental Services.
C. All construction shall be conducted in accordance with
the approved plans.
D. Maximum height of the railing shall not exceed 16 feet,
from the highest point covered by the structure.
E. The proposed first story deck extension in the rear yard
shall not exceed 3 feet from the existing deck and shall
not extend a total of more than 8 feet over the extreme
slope.
F. The three proposed second story balconies in the rear
yard shall not extend more than 4 feet over the extreme
slope.
G. Maximum height of all walls within the front yard setback
shall be limited to 42 inches above existing adjacent
grade. The pilasters shall be limited to a height of 4
1/2 feet.
H. The maximum height of the retaining wall in. the side yard
shall be limited to six feet six inches.
I. The amount of grading is limited to a total of 37 cubic
yards cut and fill.
J. Hours of construction shall be limited to between the
hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday.
K Requirements as to the mitigation of dust and dirt, the
prevention of noises and other results offensive or
injurious to the neighborhood, the general public or any
portion thereof shall be incorporated in the grading
operation. Before, after and during each working day the
exposed soil shall be watered down in order to prevent
fugitive dust.
Resolution No. 92-41
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