PC RES 1993-006 4IP 410
P.C. RESOLUTION NO. 93-6
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF RANCHO PALOS VERDES DENYING
VARIANCE NO. 347 FOR AFTER-THE-FACT EXTENSIONS
TO AN EXISTING DECK LOCATED OVER AN EXTREME
SLOPE AT 5561 GRAYLOG STREET.
WHEREAS, on September 8, 1992, Nasser Rastegar-Panah requested
after-the-fact approval of a 91 square foot extension to the
western portion of an existing deck, which is located over an
extreme slope in the rear yard at 5561 Graylog Street; and
WHEREAS, after notice issued pursuant to the requirements of
the Development Code, the Planning Commission of the City of Rancho
Palos Verdes held a public hearing on November 24, 1992, at which
time all interested parties were given an opportunity to be heard
and present evidence; and
WHEREAS, on November 24, 1992, the Planning Commission
tentatively approved a 13 square foot expansion to the western
portion of the deck and directed Staff to prepare a resolution to
that effect; and
WHEREAS, on December 8, 1992, the Planning Commission, in
response to written correspondence from the adjacent neighbors,
continued the item to allow a previous owner of the subject
property to submit information documenting the original size of the
deck; and
WHEREAS, on January 23, 1993, the Planning Commission, after
considering photographs and a letter from a previous owner of the
property and a photograhic analysis prepared by Staff, determined
that the original deck was 14 feet in length (measured from north
to south) and 24 feet in width (measured from east to west) . The
Planning Commission tentatively denied the variance request and
directed Staff to prepare a resolution to that effect; and
WHEREAS, on February 9, 1993, after considering the draft
resolution to deny the variance, the Planning Commission continued
the matter for 30 days and directed Staff to arrange a meeting with
the landowner and the adjacent neighbors to determine if the
parties could reach a compromise on the deck design; and
WHEREAS, on February 18, 1993, the Director of Environmental
Services met with the landowner and the adjacent neighbors to
discuss various alternative deck designs and screening techniques.
However, the parties involved were unable to agree on a compromise
solution.
IIP 110
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 no exceptional or extraordinary
circumstances or conditions applicable to the subject property, or
to the intended use of the property, which do not apply generally
to other property in the same zoning district, since adjacent
properties have similar extreme slope conditions in their rear
yards, which limit the amount of usable outdoor living area.
Section 2 : That the variance is not necessary for the
preservation and enjoyment of a substantial property right, which
right is possessed by other property owners under like conditions
in the same zoning district, since the original deck provides
adequate usable area in the rear yard, which is comparable in size
to the amount of decking and/or level area of surrounding
properties.
Section 3 : That granting such a variance would be materially
detrimental and injurious to property and improvements in the area
in which the property is located, since the proximity of the
western portion of the deck extension results in a significant loss
of privacy currently enjoyed by the adjacent property owner.
Section 4: For the foregoing reasons and based on information
and findings included in the staff reports, minutes and records of
proceedings, the Planning Commission of the City of Rancho Palos
Verdes hereby denies Variance No. 347 for after-the-fact extensions
to an existing deck and orders the landowner to remove those
portions of the deck which extend beyond the original 14 foot by 24
foot deck structure within six (6) weeks of this action.
PASSED, APPROVED AND ADOPTED this 8th day of March 1993 .
I(
i ////
Robert Katherman
Chairman
Dudley O derdonk, Dir ctor of
Environmental Services and
Secretary to the Commission
P.C. Resolution No. 93- 6
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