PC RES 1994-029P.C. RESOLUTION NO. 94-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF RANCHO PALOS VERDES DENYING THE APPEAL
THEREBY UPHOLDING THE DIRECTOR'S DENIAL OF
MINOR EXCEPTION PERMIT NO. 469 FOR
CONSTRUCTION OF A SIX FOOT HIGH WROUGHT IRON
FENCE WITH PILASTERS LOCATED IN THE FRONT YARD
SETBACK AREA ON PROPERTY LOCATED AT 60
ROGKINGHORSE ROAD.
WHEREAS, on April 18, 1994, the Director of Planning,
Building, and Code Enforcement denied the application for Minor
Exception Permit No. 469 based on the determination that there are
no practical difficulties, unnecessary hardships, or results that,
without the minor exception may be inconsistent with the general
intent of the City's Code; and,
WHEREAS, on April 26, 1994, less than fifteen (15) days
following the Director's decision, the architect, (acting on behalf
of the landowner) filed an appeal of the denial. On May 4, 1994,
the letter of appeal was supplemented with additional comments
regarding the reasons for the appeal; and,
WHEREAS, after issuing notice pursuant to the provisions of
the Rancho Palos Verdes Development Code, the Planning Commission
held a public hearing on June 28, 1994, 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 HEREBY FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
Section 1: There are no practical difficulties or
unnecessary hardships which warrant the granting of the Minor
Exception Permit since the subject property is relatively flat, and
the existing structure is located approximately 33 feet from the
front property line, there is adequate room on the subject property
to provide security fencing without encroaching into the required
front yard setback area.
Section 2: That although at least 18 other homes on
Rockinghorse Road enjoy fencing similar to that proposed, denial of
the Minor Exception Permit will not be inconsistent with the
general intent of the Code, since all but three of these
neighboring structures were built without prior approval or permit
from the City, and are therefore illegal structures.
Section 3: The time within which judicial review of the
decision reflected in this Resolution, if available, must be sought
is governed by Section 1094.6 of the California Code of Civil
Procedure.
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Section 4: For the foregoing reasons and based on the
information and findings contained in the Staff Report and records
of the proceedings, the Planning Commission hereby denies the
appeal, thereby upholding the Director's denial of Minor Exception
Permit No. 469 for construction of a six foot high wrought iron
fence with pilasters located in the front yard setback area on
property located at 60 Rockinghorse Road.
PASSED, APPROVED, and ADOPTED this 28th day of June 1994.
Bret j$. BfrnarB, AICP, Director
of Planniing, wilding, and code
Enforcement and Secretary to the
Commission
TS#12 REMEP469 PC
Gilbert Alberio
Chairman
P.C. Resolution No. 94-29.
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