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PC RES 1993-035P.C. RESOLUTION NO. 93-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 363 TO ALLOW A FIFTEEN FOOT (151-011) ENCROACHMENT INTO THE FRONT YARD SETBACK TO ACCOMMODATE A 76 SQUARE FOOT ADDITION AT 6309 VIA COLINITA. WHEREAS, the applicants, Mr. and Mrs. Robert Stein have requested a Variance to allow a fifteen foot (151-011) encroachment into the required twenty foot (201-011) front yard setback to accommodate a 76 sq. ft. addition; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, (CEQA) and local CEQA guidelines, the proposed project has been found to be categorically exempt (Class I); and, WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Development Code, a duly noticed public hearing was held on October 12, 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 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, the existing residence, as well as others along this portion of Via Colinita, was situated in its current location due to the sloping topography of the entire lot and the configuration of the existing house on the lot. As a result, the subject residence (as with others in the area) encroaches into the front yard setback. The applicants are limited in improving the property due to the constraining physical features of the lot, and therefore this finding can be made. Section 2: That such Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, that of making a minor improvement to the property, which right is possessed by other property owners under like conditions in the same zoning district. 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 proposed minimal additional habitable area will simply enclose an existing area at the front of the house that is already covered by the existing roof. The encroachment into the front yard setback is consistent with other homes along this portion of Via Colinita and will not be materially detrimental in any manner. The proposed addition will not impair any views from or adversely effect the visual relationship with adjacent properties. 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 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. 363 for an addition to the residence located at 6309 Via Colinita, 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 12th day of October, 1993. ME Robert Kat Chairman Bretj�gBjrnaitU ' Director of Plan uilAing and Code Enforcement and Secretary to the commission P.C. Resolution No. 93-35 Page 2 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR VARIANCE 363 (6309 VIA COLINITA) 1) The maximum front yard setback encroachment shall not exceed fifteen feet (15'-011). Minimum seven foot (5'-011) front yard setback shall be maintained. 2) The maximum height of the structure shall not exceed a height of 23'-911, or a ridge elevation of 105.75' as measured from pad elevation 82.01. 4) The maximum eave projections into the required setbacks shall not exceed 4" for each 1'-0" of required setback. 5) The additions shall be constructed in substantial conformance to the approved set of plans stamped as received on July 19, 1993. 6) NO grading has been approved with this permit. P.C. Resolution No. 93- 35 Page 3 of 3