PC RES 1993-014 411 411
P.C. RESOLUTION NO. 93- 14
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES APPROVING VARIANCE
NO. 353 FOR A 10' REDUCTION IN THE REQUIRED
20' FRONT SETBACK FOR EXPANSION OF THE
EXISTING NONCONFORMING GARAGE AND A BAY WINDOW
AND DENYING THE 6' FENCE LOCATED WITHIN THE
INTERSECTION VISIBILITY TRIANGLE AT 3110
DIANORA DRIVE.
WHEREAS, Mr. Mounoufar Khoury has applied for Variance No. 353
to allow a 6' fence to be located within the intersection
visibility triangle and a bay window and expansion of the existing
nonconforming garage which would encroach a maximum 10' feet into
the required 20' front yard setback; and,
WHEREAS, pursuant to the requirements of the Development Code,
a duly noticed public hearing was held before the Planning
Commission of the City of Rancho Palos Verdes on May 25, 1993, at
which time al], 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 in granting a Variance for the garage
expansion and bay window, there are exceptional or extraordinary
circumstances which apply to this property which do not apply
generally to other properties in the same zoning district since the
subject property is a 12,710 sq. f t. lot, which is smaller than the
standard RS-3 zone lot which is 13, 000 square feet. Additionally
the property is located on a corner lot, and the pad area consists
of approximately 8,400 sq. ft. and the remainder lot has
transitional slope which extends to the down to the street.
Furthermore, the existing garage was constructed with non-
conforming setbacks and there is little area within to expand in
the front property.
Section 2 : That the Variance for the garage expansion and bay
window 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 other properties are able to make
minor additions to their residence. Since the subject property is
located on a corner with a transitional slope, this creates
difficulty in further developing the residence without encroaching
into the required setbacks.
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Section 3: That the granting of the Variance for the proposed
additions will not be materially detrimental to the public welfare
or injurious to the property and improvements in the area in which
the property is located because the proposed additions, will not
impair views from the surrounding properties. The proposed
modifications will articulate the front facade and improve the
aesthetic appearance of the structure as viewed from the street.
Furthermore, since the additions would not exceed 16' in height,
the reduction in the required setbacks would not be visually
imposing on the neighborhood.
Section 4: That the granting of the Variance for the garage
expansion and bay window will not be contrary to the objectives of
the General Plan and the Coastal Specific Plan because the primary
use of the lot will remain single family residential and the
subject property is not located within the Coastal Zone.
Section 5: That the granting of a Variance for the 6' fence
in the intersection visibility triangle is not necessary for the
preservation and enjoyment of substantial property right of the
applicant since, regardless of the slopes on the property , there
is sufficient area available outside of the intersection visibility
triangle to install the proposed 6' fence, as permitted through
Minor Exception Permit No. 463 .
Section 6: 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. 353, thereby approving the 10'
encroachment into the front setback for a bay window and expansion
of the existing non-conforming garage, 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. However, the Planning Commission hereby denies the request
to place a 6' fence within the intersection visibility triangle and
requires that the fence approved through Minor Exception Permit No.
463 shall not encroach into this portion of the lot.
PASSED, APPROVED AND ADOPTED this 8th da, = ne 1993 .
14//
Robert Katherman,
Aw Chairman
• I/
Bret . B;71rnar. , AICP
Director of En 'ironmental Services
and Secretary to the Commission
P.C. Resolution No. 93- 14
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41// 411/1
Exhibit "A"
Conditions of Approval
Variance No. 353
3110 Dianora Drive
1. All conditions of Minor Exception Permit No. 463 and Fences
Walls and Hedges Permit No. 11 shall remain in effect.
2 . The wrought iron perimeter fence shall not exceed a maximum
height of 30" within the intersection visibility triangle.
3 . The maximum height of the bay window and garage expansion
shall not exceed 16'- 0" measured from existing grade to the
top of the new roof and shall maintain a minimum setback of
10' from the front property line and a minimum of 31 feet from
the street side property line.
4 . Maximum allowable eave projections into setback areas shall
not exceed 4" for each 1'- 0" of required setback.
5. The minimum open space shall be maintained at 55% of the lot.
P.C. Resolution No. 93-14
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