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PC RES 1993-043P.C. RESOLUTION NO. 93-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES UPHOLDING THE APPEAL OF HEIGHT VARIATION NO. 750 -REVISION, THEREBY OVERTURNING THE DIRECTOR'S APPROVAL OF THE REVISED SECOND STORY ADD- ITION AT 3558 BENDIGO DRIVE. WHEREAS, the applicants, Mr. and Mrs. Earl Gantz had requested a Revision to Height Variation No. 750 to allow a 528 sq. ft. addition above the garage for storage purposes only; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, (CEQA), the proposed project has been found to be Categorically Exempt (Class I); and, WHEREAS, the Director of Planning, Building & Code Enforcement made the determination that the revised project satisfied all of the criteria set forth in Section 17.02.040 of the City's Development Code, and approved Height Variation No. 750 -Revision on September 13, 1993; and, WHEREAS, on September 27, 1993, within fifteen days of the Director's decision, Mr. James Gordon filed a written appeal (and petition) accompanied by the appropriate fee; and, WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning commission held a duly noticed public hearing on November 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 the revised project is not compatible with the immediate neighborhood character since, even though the revised addition atop the garage would respect the minimum twenty foot front yard setback, the remodeled home would not be in character with other homes in the area due to its mass and two story appearance. Although there exist other homes in the area with habitable space above the garages, they are smaller in scale and do not appear to be true two story structures, as viewed from the public right-of-way. Section 2: For the foregoing reasons and based on the information and records of the proceedings, the Planning Commission hereby Upholds the appeal of Height Variation No. 750 -Revision, thereby overturning the Director's decision and Denying the project. As a result, the landowner shall remove the existing structure over the garage and re -build the project to comply with the plans reviewed and approved for Variance No. 350 by the Planning Commission on March 23, 1993. Removal of the non - permitted portion of the structure shall commence within sixty days from the expiration of the appeal period or upon subsequent action by the City Council. PASSED, APPROVED, AND ADOPTED this 14th day of December 1993. Bret. Wardl AICP Director f Pl ning,'Building & Code Enforcement, and Secretary to the Commission Robert Katherman Chairman P.C. Resolution No. 93-43 Page 2