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HomeMy WebLinkAbout1956-09-25; City Council; MinutesI a 0 fz * 3 "4 I I 'C c, - nays, motion carried. Cmn, Robinson moved that the bills to September 15, amounting to. $3739.69, as certified by the City Treasurer and approved by the Auda itingcommittee, be paid. Seconded by Crnn. Baird. All ayes, motion carried, Cmn. Baird moved ratification of the payroll for the first half of September as certified by the Finance Director and approved by the Auditing Committee, Seconded by Cmn. Robinson. All ayes, motion carried. Cmn. Helton moved that the meeting be adjourned 'until Sept. 25, .1956, at 7:OO PM. Seconded by Cmn. Baird. All ayes, motion carried, Meeting was adjourned at 10~35 PM, Respectfully submitted, L M. 0. EWALD, City 'Clerk """"""""-""""""""" MINUTES OF ADJOURNED MEETING OF CAZLSBAD CITY COUNCIL September 25, 1956 Meeting called to order at 7:06 P. !I. by Mayor Castorena, Present be- sides the Mayor were Councilmen Robinson, Helton, Baird, and Ledger- wood; and City Attorney Smith. Absent, City Manager Nelson. Sitting in at the Council's invitation were Planning Commissioners Swirsky, Raumgartner, Yourell, Engelmann, Stringer, Jarvie, Fennel (8:Oo P. M.), and Planning Consultant, Kay Kalicka, The bl heari been set 'ayor explained that due to an oversight, notice of the public ng on the proposed zoning 'ordinance and map, which was to have held' at this meeting, was not published, so another date must be Planning Commissioners were consulted as to an agreeable date, and it was decided to hold the hearing on October 9th so that Comis- sioners could attend following adjournment of their .reguiar meeting scheduled for 7:OO I), M. Can. Baird moved that a public hearing on the proposr?d zoning map and ordinance be set for 7: 30 P, M. on October 9th, Seconded by Cmn. Robinson., All ayes, motion carried. Mayor Castorena asked Chairman Swirsky to open the discussion on devel- opment of a poli.cy, concerning granting of protested variances. Conun. Swirsky briefly outlined the procedure followed by the Comtission, reading from City Ordinance #go05 those provisions setting out the con- ditions which must exist to justify granting of a variance and the fac- tors which must be considered by the Commission, an advisory body, in making its recommendation to the City Council, He emphasized that the Commission attaches great importance to any protests raised by any in- dividual who might be affected by its decision, but is obligated by law to cqnsider the matter from the standpoint of the best land use and the best interests of the City, rather than of "the individual. *He assured tho Council that in the present case (application of Roy Ellsworth and Pauline Drace for variance to permit reduction of street frontage) the unanimous recommendation of the Commission was reached only after two hearings and a personal inspection of the premises and individual eval- uation of the merits of the application by the Commissioners. Mr. Kay Kalicka, planning consultant, spoke at length on technical as- pects of the matter, emphasizing that the Planning Commission is a quas judiaiary body set up by State law, and their deliberations must be governed by the law and the facts; that due weiggt is given prote'sts . of adjacent and abutting property owners, but obviously they cannot be inflyenced by the personal feelings of neighbors if the facts indicate otherwise; that the facts must be considered first, and if it is found that damage to abutting property owners will be greater than the bene- fit to the applicant, the recommendation should be for. denial, and, conversely, if .the benefit 'to the applicant is greater, approval should be recommended Cmn. Robinson stated he felt that if -a variance is granted over the protests of a large percentage of owners in an area, the Council may be put into a position of not being able to deny other petiti0n.s. Mr. Ka- licka. stated that it is very clearly stated in the law that granting of -a variance does not establ.ish a precedent; that each case must be .. .. . .. .. decided cm its own .facts; that the Commission and Council must justify the granting ofF each variance and set out their reasons for granting same . There was consbderable discussion on the Ellsworth-Drace application, some Council mt?rabers feeling that the request- -was unre:asonable and discripinatory in view of the 75-foot frontage required of adjacent property owners in constructing their homes, and that granting of the variance would damage neighbors to a considerable extent in the deval- uation of theij- property, since present property values are based to some extent on the 75-foot minimum frontage requirement. Cmn. Robin- son pointed out; that the petition presented to the Council at ,the meet- ing of September 18th, protesting granting ofthe Ellsworth-Drace var- gance, .was -bastad on this premise. The petition was briefly reviewed for the benefit; of Planning Commissioners. The Mayor called upon other members *of the Commission 'for their opin- ions, and all stated they felt that that objections of the property owners present at the two hearings had been met and satisfied by the applicant, Mr. Drace; that all possible consideration had been given the application, both from the standpoint of individaial inspection and evaluation, and group discussion at the hearings, and that the unani- mous vote for approval represented the findings of each individual Corn= missioner . Cmn. Ledgerwood, commenting on the purpose of the meeting -- to formu- late a policy to be followed in granting of variances -- stated he felt it would not -be possible to formulate such a policy; that each case will have to st,and on its own merits and be decided on the facts. City Attorney Smith was asked to comment and stated 'he would not 'sug- gest adopting amy fixed policy regarding protests; that the law lists the factors to be considered in a11 applications for zoning variances; that it must be! shown that the granting of a variance is necessary for the preservation and emjoyment of substantial property rights, that it will not materially affect the health or safety of persons residing or working in the neighborhood, and will not be materially detrimental to th.e public welfare or injurious to property or improvements in the neighborhood. He stated he would discourage the Council from any pol- icy of giving protests any priority; that they should be given equal but not greater consideration than other factors; Council medbers: agreed that the joint Omeeting wfth the Planning Commis- sion's recommeadatioq of approval of the Ellsworth-Drace variance. Cmn. Robinson moved that the recommendation of the Planning Comnission be not approved; a,nd the application for variance denied. Seconded by Cmn. Baird. Ayes, Cmn. Robinson, Helton, Baird. Nays, Cmn. Lederwood, Mayor Castorena. TheCity Attorney was asked whether a four-fifths vote was necessary to overrule the Planning Commission and stated that the four-fifths rule appI2ed only to applications for zone change; that if the Planning Commission arecommends denial of a variance, it requires a. unanimous vote of the Council to grant same; but that in the present instance Roberts' Rules of. Order would apply and a majority vote only is necessary. Motion carried, 3-2; application for variance denied, Mayor Castorena reminded the Council that at the meeting of August 7th it was voted unanimously bo authorize him to issue, at a date to be de- termined later, a proclamation supporting the Carlsbqd Municipal Water District election to be held on October 5th. TheCity Attorney read the proclamation. Cmn. Helton moved that the Mayor be authorized to affix his signature to the proclamation supporting the bond election sponsored by the Carlsbad Municipal. Water District, to be issued immediately -and published in this week f 8 newspaper. Seconded by Cmn. Robinson. All ayes, motion carried. A letter from Allan 0, ,Kelly was read, requesting the Council to initi- ate annexation proceedings to accomplish annexation of uninhabited ter- ritory bounded ,on the north by the southerly limits of the City of Carlsbad, on th'e east by El Camino Real, on the south 'by Los Batiquitos Lagoon, .and on the west by the Pacific Ocean. The City Attorney out- lined the proceldure to be followed under the Uninhabited Land Act of 3939 to accomplish annexation, stating that it would be wise to deter- mine before phsceeding whether the required 51% of the landowners by value would favor the annexation. Cmn. Robinson moved that the Kelly letter be referjred to Cmn. Bairdts committee now studying this matter, wieh instructians that if they find the necessary majority in favor of. the annexation, the City 'Attorney be instructed to prepare the neces- sary resolution to initiate the @&iceedings. Seconded by Cmn. Helton, *E I 2. Th e...city At.torn.ey. st.ated the Resolution may be delayed beyond the next Council .meti.ng because of the necessity Of having the boundaries aP- proved by the County Boundary Commisesion. Vote On the motion: all ayes, motion- carried. Cmn, Baird moved for adjournment of the meeting, seconded by cmn* He1- ton, ' All ayes, me.eting,adjourned at 9:15 P. Me V -2 &"dL Respectfull submitted, NAT,ALIE VERMILYBA,F%lert ~"""""""""""------""""""" MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL October 2, 1956 Meeting called to'order by Mayor Castorena at 7:OO P, PI, Present be- sides the Mayor were Councilmen Ledgerwood., Robinson, Helton, ' Baird; City Manager Nelson, City Attorney Smith, Public Works Director An- thony. Cmn. Elelton moved approval of the minutes of the meeting of September 18th as corrected. Cmn. Ledgerwood seconded. All ayes, motion car- >,'J k"3 <-" r ied . .e: Cmn, Baird moved approval of -the minutes .of the adjourned meeting of .::f September 25th with minor correction. Seconded by Cmn. Helton. All :.J ayes, motion carried, WRITTEN CORRESPONDENCE : 1. Letter dated September 17th from George W. Tarry (by w, W. Rog- ers, Attorney-in-Fact), protesting the proposed change from R-2 to R-l of the area wherein his property ( Lots 5 and .6, Block K. Pali- sades) is located, as the latter zoning will render the property un- suitable for the purpose for which he purchased ,it and may result in financ,ial loss to him. 2, Letter from W, W.. Rogers, dated September 18th, stating that on the basis of a recommendation made at a zoning clinic be attended in Santa Ana recently, that from 12% to 20% of an urban area should be zoned for industrial use, Carlsbad should have approximately 600 acres so zoned. . He recommended tha.t a strip two blocks wide, extending along the east side of the Santa Fe right-of-way south from Oak Ave- nue, should be zoned for industrial use. 3. Letter dated September 18.th from W, W. Robergs, recommending that an area be zoned to permit automobile trailer parks -- with proper restriction as to sp.acing and facilities required -- without the necessity of obtaining a conditional use permit as is now required. He suggested the area west of the railroad tracks and, south of Oak Avenue be so designated, By common consent it was decided to hold the three letters for consid- eration in connection with the hearing next Tuesday. 4. Letter from the Citizens' Committee for YES ON PROPOSITION 5, which would permit sale of liquor on premises where meals are not served. Filed without action. PUBLIC HEARING - ZONING - OCTOBER 9TH, After a brief discussion, it .was decided to conduct the hearing along the lines followed by the Planning Commission at. their hea.rings, by dividing the City fnto two areas for discussion purposes: (1.) . the area west of the Freeway and (2) the area east of the Freeway. PLANNING COMMISSION. 1. Recommendation that ,a policy be adopted in areas other than High- land Drive establishing sixty (60) feet as the minimum street front- age for lot splits in .the interim period before the master zoning plan is adopted. After ,so.me discussion, Cmn. Ledgerwood moved that the recommendation of .the Planning Commission that a 60-foot minimum frontage requirement be adopted for lot splits (other than on High- land Drive) be approved. Seconded by .Crnn. Robinson. All ayes, mo- tion carried . ... 2. Memorandum requesting opinions from all depar-tment heads re : reo quest of Re- L. Watson Construction Company for markers at the