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PC RES 1997-048A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING VARIANCE NO. 350 - REVISION "B" FOR AFTER -THE - FACT APPROVAL OF A GARAGE TO ENCROACH AN ADDITIONAL 9 INCHES INTO THE REQUIRED FRONT YARD SETBACK AREA FROM THE PREVIOUS APPROVAL GRANTED BY THE PLANNING COMMISSION IN 1993 AT 3558 BENDIGO DRIVE WHEREAS, on March 23, 1993, the Planning Commission adopted P C Resolution No 93-7, thereby approving Variance No 350 to allow a two car, indirect access garage to be enlarged to the three car, direct access garage, which would be 672 square feet in size and located a minimum of 14 feet 3 inches from the front property line on the property located at 3558 Bendigo Drive, and, WHEREAS, in the course of reviewing an application for Height Variation No 750 - Revision "B" for proposed modifications to portions of the second story addition to the residence, which had been built without prior approval from the City, Staff determined that the garage had been built 9 inches closer to the front property line and was 63 18 square feet larger than had been approved by the Planning Commission in 1993 In addition, the landowners had previously disclosed that the garage floor had been constructed 2 feet higher than had been originally approved by the City and the building elevations submitted in conjunction with the current application indicate that there would be columns applied to the front facade of the garage that would encroach an additional 9 to 18 inches into the required front yard setback, and, WHEREAS, on February 25, 1997, the Planning Commission adopted P C. Resolution No. 97-11 denying Variance No 350 - Revision "A" since the City Council has previously taken action to tentatively deny the related application for Height Variation No 750 - Revision "B" The Council memorialized its action in adopting Resolution No 97-15 on March 4, 1997; and, WHEREAS, the landowners, Earl and Sharon Gantz submitted an application for Variance No 350 - Revision "B" to the City on June 10, 1997, and, WHEREAS, after notice issued pursuant to the provisions of the Rancho Palos Verdes Development Code, the Planning Commission held a public hearing on August 26, 1997, September 21, 1997 and September 23, 1997 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 • 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 1993, the Planning Commission found that the buildable area on the subject lot, similar to the other lots on Bendigo Drive, was restricted due to the rear yard transitional slope. The reduced buildable area, in addition to the fact that the lot size was 4,000 square feet smaller than would be required for a newly created lot in the RS -3 zoning district, created an exceptional condition on the property Without the ability to reduce the front yard setback area to accommodate the re -orientation of the garage, the Commission found the applicant's ability to make reasonable improvements to the property would be unduly limited With regards to the current request, the Planning Commission finds that requiring the applicant to demolish and re -build the garage to remove the additional 9 inch encroachment and reduce the height of the foundation would not serve any real purpose, since any impacts associated with these changes to the project would either be inconsequential as compared to the original approval or will be mitigated through other changes to the project Therefore, in addition to the findings made in 1993, the Planning Commission finds that the unnecessary burden associated with demolishing and rebuilding the garage constitutes an extraordinary circumstance that warrants the approval of the revision to the existing variance Section 2 Such Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same zoning district In 1993, the Planning Commission found that the property right in question was the applicants' ability to further develop the lot In order to preserve this right in this case, the variance was necessary due to the physical constraints on the lot discussed in the first finding above. At that time, Staff determined that of the six homes within the Bendigo Drive cul-de-sac with direct access driveways, five had garages which encroached into the required front yard setback area. Therefore, the Commission found that the applicants were not requesting a special privilege, and that the privilege of a reduced front yard setback was already possessed by other property owners in the area The Planning Commission finds that the circumstances that were in place in 1993 relative to this finding are still valid today Section 3- 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. The previous Planning Commission found that the additional square footage proposed to be added to the existing garage and the conversion from an indirect access driveway/garage to a direct access drivewaylgarage would not result in any adverse impacts to the surrounding neighborhood Instead, the Commission found that the additional enclosed garage space would improve the parking in the congested cul-de-sac by providing a vehicle storage area for a car that would otherwise P.C. Resolution No 97-48 Page 2 of 4 be parked in the driveway or on the street In addition, because of the width of the right of way in this area and the fact that the sidewalk abuts the curb, there will be more than 18 feet from the garage to the sidewalk so that a vehicle parked in the driveway will not overhang the sidewalk. The Planning Commission finds that the findings made by the Planning Commission in 1993 relative to the impacts of the project on surrounding properties are still valid. Section 4- The granting of such a Variance will not be contrary to the objectives of the General Plan or the policies and requirements of the Coastal Specific Plan 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. In 1993, the Planning Commission found that the proposed variance was in conformance with this objective The Planning Commission finds that the current design of the garage is also consistent with this finding since the applicants have designed it to resemble, as closely as possible given the changes that have occurred to the height and location of the foundation, the project that was previously approved by the Commission. In the current proposal, the garage will have the appearance of a one story structure with a steeply pitched roof The subject property is not subject to the policies and requirements of the Coastal Specific Plan, since the lot is not located within the City's Coastal Zone (all areas seaward of Palos Verdes Drive). Section 5: The adoption of this Resolution is categorically exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15303. Section 6 Any interested person aggrieved by this decision or by 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 with the City, in writing, and with the appropriate appeal fee, no later than fifteen (15) days following August 26, 1997, the date of the Planning Commission's final action Section 7: 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. 350 - Revision "A", subject to the approval of Height Variation No 750 - Revision "C", for the as -built garage at 3558 Bendigo Drive to encroach an additional 9 inches into the required front yard setback area at the northwest corner of the structure Therefore, the existing garage shall be a minimum of 13'-6" at its closest point from the front property line. P C Resolution No 97-48 Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 23th day of September 1997, by the following vote AYES. Commissioners Cartwright, Clark, Ng, Slayden, Vice Chairman Whiteneck and Chairman Vannorsdall NOES: Commissioner Alberio ABSTENTIONS. None. ABSENT- None. Carolynn Metru, AICP Director of Planning, Building and Code Enforcement; and, Secretary to the Planning Commission N \GROUP1PLANNINGRESOSWAR350 RV13 Donald E Vaknorsdall Chairman PC Resolution No 97-48 Page 4 of 4