PC RES 1993-007P.C. RESOLUTION NO. 93-7
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 350 TO
ALLOW A 210 SQ. FT. GARAGE ADDITION, THE EXPANSION OF
THE EXISTING NON -CONFORMING GARAGE STRUCTURE, AND A
51-901 ENCROACHMENT INTO THE 20'-0" FRONT YARD SETBACK
AT 3558 BENDIGO DRIVE.
WHEREAS, the applicants, Mr. and Mrs. Earl Gantz have
requested a Variance to allow a 210 sq. ft. garage addition, the
expansion of the nonconforming garage structure, and a 51-911
encroachment into the 201'-011 front yard setback:
WHEREAS, after notice pursuant to the provisions of the Rancho
Palos Verdes Development Code, a public hearing was held on March
23, 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 involved, or
to the intended use of the property, which do not apply generally
to other property in the same zoning district in that, as with
other lots along Bendigo Drive, the subject lot is restricted from
development due to the rear yard transitional slope. Taking this
into consideration along with the fact that the area of the lot is
more than 4,000 sq. ft. smaller than a newly created RS -3' zoned
lot, there are exceptional conditions, that, without the granting
of a Variance, limit the applicants' ability to make reasonable
improvements to the property.
Section 2: That such Variance is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, that of further improving the property, which right is
possessed by other property owners under like conditions in the
same zoning district. In order to preserve this right in the
applicant's case, a Variance is necessary due to the constraining
physical elements of the lot as described in Section 1. Of the six
homes with direct access garages within the cul-de-sac, five of the
garages encroach into the front yard setback therefore other
property owners in the area possess this right.
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 the additional garage space that will be created will
provide a space to store a vehicle which currently would have to be
parked on the driveway or in a congested cul-de-sac area.
Section 4: That the granting of such a Variance will not be
contrary to the objectives of the General Plan or the or the
policies and requirements of the Coastal Specific Plan since the
General Plan encourages development within the City that maintains
and enhances the visual qualities of existing neighborhoods without
creating adverse impacts to the surrounding area. The proposed
project will accomplish this objective. The subject property 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
Variance No. 350 subject to the conditions contained in Exhibit "All
attached hereto and made a part hereof, which are necessary to
preserve the public health, safety, and general welfare in the
area.
PASSED, APPROVED, AND ADOPTED this 23rd day of March, 1993.
Dudley 0 derdonk, Director
of Envi-onmental Services and
Secretary to the Commission
P.C. Resolution No. 93-m7
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EXHIBIT "A"
CONDITIONS OF APPROVAL
FOR VARIANCE 350
(3558 BENDIGO DRIVE)
a) Maximum allowed front yard setback encroachment shall not
exceed five feet -nine inches (5'-911).
b) Minimum five foot (5'-011) side yard setback shall be
maintained.
c) All of the conditions of approval from H.V. No. 750 are still
in effect.
d) As stated in Uniform Building Code Section 1104, "under no
circumstances shall a private garage have any opening into a
room used for sleeping purposes". The new entry to the
remodeled garage shall be from the bathroom only.
e) The applicant shall adhere to the Development Code's
requirement that a minimum of 504 of the twenty foot (20'-011)
front yard setback area shall be maintained as landscaping.
f) A Curb Cut Permit shall be obtained from the City's Public
Works Department for the new curb cuts.
g) The applicant shall install an automatic, articulated garage
door for the new garage entry.
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P.C. Res'lution No. 93-7
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