PC RES 1992-078 P.C. RESOLUTION NO. 92-78
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 326 TO ALLOW A 4'-6" HEIGHT INCREASE FOR A
MAXIMUM 34'- 6" DOWNSLOPE HEIGHT AND A 1 FOOT
REDUCTION IN THE REQUIRED 5' SETBACK AT 28208
SAN NICOLAS.
WHEREAS, the applicants submitted a Variance Permit to allow
a 4'- 6" height increase to the approved 30 foot structure and 1
foot encroachment into the required 5 foot west side yard setback,
at the residence located at 28208 San Nicolas; and
WHEREAS, after notice issued pursuant to the provisions of the
Development Code, on December 8, 1992, a public hearing was held
before the Planning Commission of the City of Rancho Palos Verdes,
at which time all interested parties were given an opportunity to
be heard and present evidence; and
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 and extraordinary
circumstances which apply to this property which do not apply
generally to other property in the same zoning district since the
shape of the lot is irregular and the topography of the lot in the
rearY and exceeds 35 % and a sewer easement is located in the side
yard. All these physical factor, taken together, severely limit
the available on the lot to expand the footprint of the existing
structure.
Section 2: That the variance is necessary for the
preservation and enjoyment of the substantial property right of the
applicant, and that this right is possessed by other property
owners under like conditions in the same zoning district in that
adjacent properties have three levels homes with little or no
articulation and the proposed 4' height increase will not create
view impairment from the upslope properties on Ella Road.
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
p Y
located since the project will not create view impairment from the
adjacent or surrounding properties and the 1 foot reduction in the
required side setback can be considered minor because the addition
will not extend beyond the existing building footprint.
Section 4: That the granting of the variance will not be
contrary to the objectives of the General Plan since the primary
use of the lot will remain single family residential.
Section 5: For the foregoing reasons and based on the
information and findings included in the Staff Report and records
of proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby approves Variance No. 326 thereby approving the
project subject to the Conditions of Approval listed in the
attached Exhibit "A", which are necessary to preserve the public
health, safety, and general welfare in the area.
PASSED, APPROVED AND ADOPTED this 8th day of December, 1992 .
// //41
Robert Katherman
Chairman
Dudley On erdonk, Director
of Envir nmental Services
P.C. Resolution No. 92-78
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Exhibit "A"
Variance No. 326
28208 San Nicholas
1. The property owner shall complete, notarize, and submit a
Covenant to Protect Views to the Environmental Services
Department prior to the issuance of final building permits.
2. The minimum west side yard setback shall be 4 feet.
3 . The maximum ridgeline height of the structure shall not exceed
22'- 0" from the highest point covered by the structure
(114.5' ) and 34'-6" feet as measured from the lowest point
(102) . The Critical Ridgeheight is 136.5' and Certification
is required. This condition requires that the ridgeline of
the additions do not exceed the existing ridgeline of the
residence, and the architect shall revise the plans
accordingly.
4. Maximum allowable eave projections shall not exceed 4" for
each 1'-0" of required setback.
5. The following setbacks shall be maintained for the proposed
addition: front - 33' , east side - 11' , west side - 4' , and
rear - 15' .
6. The minimum open space to be maintained shall be 50 % of the
lot.
7. Grading shall not exceed 20 cu. yds. of cut or fill.
8. Roof materials shall match the existing roof or the replacment
shall be constructed with consistent materials.
P.C. Resolution No. 92-78
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