PC RES 1993-010P. C. RESOLUTION NO. 93- 10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO PALOS VERDES DENYING VARIANCE NO. 352, AND TAKING
NO ACTION ON GRADING NO. 1673, FOR A NEW HOME AT 2
MUSTANG ROAD.
WHEREAS, the applicant, Kenneth Vukov, has requested a
Variance and Grading Permit for a new two-story residential
structure on an existing vacant lot which will encroach a maximum
61-011 into the rear yard setback on a property currently known as
the southern portion of 2 Mustang Drive; and
WHEREAS, after notice pursuant to the provisions of the
Rancho Palos Verdes Development Code, public hearings were held on
February 9, 1993 and March 23, 1993, 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 such a Variance is not necessary for the
preservation and enjoyment of a substantial property right of the
applicants, and said right is not enjoyed by other property owners
under like conditions. Despite the physical constraints created
when this lot was recently created, this 23,568 square foot lot is
an extra 3,658 square feet over the minimum required for lots in
its zone. In addition, since the buildable area (approximately
3500 square feet) on the lot exceeds the minimum 3,000 square feet
required by the Code, the buildable area on this lot is sufficient
to accommodate a sizeable home within the prescribed setbacks.
Section 2: The granting of the Variance may be materially
detrimental to the public welfare or injurious to property and
improvements in the area in which the property is located.
Specifically, with regard to the request that the requirement for
the second story setback be waived, it is the opinion of the
Planning commission that the intent of the Code is to avoid the
building of structures such as the one proposed. The structure is
set well above the street, which only emphasizes the bulk of the
two-story home. Although the applicant contends that trees will
screen the mass of the building, the Commission does not find this
to be an adequate or permanent means to screen the bulk of this
structure.
Section 3: Since the proposed residence could be redesigned
so as not to require a variance and could be reviewed by Staff
through a grading permit, the Planning Commission shall take no
action on the grading permit and suggests that the landowner work
with Staff to redesign the project to meet the Development Code
criteria.
Section 4: 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 denies variance
No. 352 and takes no action on Grading No. 1673.
PASSED, APPROVED, AND ADOPTED this 13th day of April, 1993.
Robert Katherman
Chairman
Carolyn getru, Acting Director of
Environmental Services and
Secretary to the Commission
DJ14 VAR352A RES
Resolution No. 93-10
Page 2