PC RES 1992-053RESOLUTION 92-53
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES APPROVING VARIANCE NO 337 TO ALLOW A
FOUR FOOT RETAINING WALL TO ENCROACH FOUR FEET INTO THE
FRONT YARD SETBACK AT 1884 JAYBROOK DRIVE.
WHEREAS, Mark and Shelly Van Patten have requested after -the -
fact approval for a variance request to allow a four foot
encroachment of a retaining wall four feet in height into the front
yard setback and;
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Development Code a public hearing was held on August
11, 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 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 presents a topographic disadvantage due to
the sloping nature of Jaybrook Drive and the lot itself.
section 2: That such a variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant's and said right is enjoyed by other property owners
under like conditions in the same zoning district since the
applicants would like to solve the problem related to uneven
topography in a similar fashion to other residents in the 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 where the property is located
since proof of the use of adequate construction materials will be
required prior to building approval.
Section 4: That the granting of the 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 retaining
wall would be an improvement to the overall character of the
neighborhood and allow the applicant to further enjoy the use of
their property. The property is not located in the Coastal
District.
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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. 337 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 11th day of August 1992.
Nuid-fey onqer"&onk, Director
of Envirohmental Services and
Secretary to the Planning Commission
P.C. Resolution No. 92-53
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EXHIBIT "All
Conditions of Approval
Variance No. 337
1. The applicant shall obtain all necessary Building Permits from
the City's building and Safety Division.
2. Maximum height of the retaining walls shall not exceed 4 feet in
the front yard setback.
3. The retaining walls shall not encroach further than 4 feet into
the 20 foot front yard setback.
4. Planning approval for the Variance portion of this application
only.
5. Planning approval shall be required for any further
construction on this property.
6. The applicant shall plaster, stucco, or resurface the subject
wall in a color to match the main structure.
P.C. Resolution No. 92-53
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