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PC RES 1996-019P.C. RESOLUTION NO. 96-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 406 TO CONVERT AN EXISTING CARPORT INTO AN ENCLOSED TWO -CAR GARAGE WHICH WOULD ENCROACH A MAXIMUM OF 6'-2" INTO THE REQUIRED MINIMUM 20'-0" FRONT YARD SETBACK AREA AT 28236 TRAILRIDERS DRIVE. WHEREAS, on February 12, 1996, the landowner, Catherine Wong -Manahan, submitted an application for Variance No 406 to the Department of Planning, Building and Code Enforcement to convert an existing legal non -conforming carport, which encroached 6-2" into the required 20'-0" front yard setback areas, into an enclosed two -car garage on the property located at 28236 Trailriders Drive; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq ("CEQA"), the State's CEQA guidelines, California Code of Regulation, Title 14, Section 15000 et seq , the City's Local CEQA Guidelines, and Government Code Section 65952 5(e) (Hazardous Waste and Substances Statement), there was no evidence that Variance No 406 would have a significant effect on the environment. Accordingly, the proposed project has been found to be categorically exempt (Class 111), and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, a public hearing was held on July 23, 1996, before the Planning Commission of the City of Rancho Palos Verdes, at which time all interested parties were given an opportunity to be heard and present evidence Section 1: That there are exceptional or extraordinary circumstances which apply to this property which do not apply generally to other property in the same zoning district since there are no other areas available on the lot to place a new two car garage, except in the area currently occupied by the carport It would not be practical to move the garage back by 6-0", into the 9'-0" area between the existing carport and the residence, since this would leave only 3'-0" between the garage and the residence (the minimum required by the Uniform Building Code due to the presence of the windows), which would not allow adequate light and air to the two windows on this elevation of the building Section 2. That the Variance 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 since, based on a field survey, it has been determined that many homes in the immediate neighborhood have similar encroachments into the required 20'-0" front setback area and several have direct access driveways with similar driveway lengths Section 3: That the granting of the Variance will not be materially detrimental to the public welfare or injurious to the property and improvements in the area, since the front yard setback is similar to other homes in the neighborhood, the project will not look to closer to the street than the surrounding residences or appear to be out of place in this particular neighborhood The addition of an enclosed garage would somewhat improve the aesthetic appearance of property, since vehicles parked inside the garage would not be visible from the street, as is currently the situation with the carport In addition, since the project is located at the front of the property and faces the street, it will not impact the privacy or views from the surrounding properties Section 4: That the granting of the Variance would not be contrary to the General Plan, since the conversion of the carport to an enclosed two -car garage would bring the property into compliance with the Development Code requirements regarding on-site parking Furthermore, the project would not result in significantly difference impacts to the surrounding neighborhood than are already created by the existing carport Section 5. Any interested person aggrieved by this decision or any portion of this decision may appeal to the City Council. Pursuant to Section 17 60 060 of the Rancho Palos Verdes Municipal Code, any such appeal must be filed in writing with the City no later than fifteen (15) days following July 23, 1996, the date of the Planing Commission's final action. Section 6. For the foregoing reasons and based on the information and findings included in the Staff Report, minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Variance No 406, subject to conditions of approval in the attached Exhibit "A", which are necessary to protect the public health, safety and welfare P C Resolution No 96-19 Page 2 of 4 0 a PASSED, APPROVED, and ADOPTED this 23rd day of July 1996, by the following vote: AYES Alberio, Cartwright, Whiteneck and Vice Chair Vannor§dall NOES None ABSTENTIONS. Frankl 1 n ABSENT- Commissioner Ng and Chairman Clark Carolynn Pecru Director of Planning, Building and Code Enforcement; and Secretary to the Planning Commission Lawrence E. Clark Chairman PC Resolution No 96-19 Page 3 of 4 Exhibit "A" Variance No. 406 28236 Trailriders Drive The new garage shall not exceed a maximum height of 9'-1" as measured from the foundation adjacent to the lowest grade to the ridge 2 A minimum of 50% open space shall be maintained for the lot. 3 The garage shall maintain the following setbacks front. 13'-10" sides 5"-0" rear- 15'-0" 4 The final plans shall be modified to include a pitched roof over the garage to be compatible with the existing pitch and roofing materials of the residence and shall be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to submittal to the Building and Safety Division for plan check. 5 In the event that a Planning Division requirement and a Building Division requirement are in conflict with one another, the stricter standard shall apply 6 The two -car garage shall maintain a minimum interior dimension of 18'-0" wide and 20'-0" 7 The construction site shall be kept free of all loose materials resembling trash debris in excess of that material used for immediate construction purposes Such excess material may include, but not be limited to the accumulation of debris, garbage, lumber, scrap metal, concrete, asphalt piles of earth salvaged materials abandoned or discarded furniture appliances or other household fixtures N:\GROUP\PLANNING\STAFFRPT\PC\VAR406.RES PC Resolution No 96-19 Page 4 of 4