Loading...
HomeMy WebLinkAbout1971-03-06; City Council; Minutes(. e < . c R Y OF CARLSERD COUNCILM[ Minutes of: CITY COUNCIL (Adjourned Meeting) -- ROLL CALL - 1O:OO A.M. look at the lot on site. ROBERT ENAUF, a-ttorney at law, 810 Mission Ave., Ocean side, informed the Council he was represe.nting .Mr. Geyer. He presented the Council with a legal doc- ument citing case law in regards to Ordinance 89264 being unconstitutional and invalid, as a matter of law in its discriminatory application to a particular parcel of land; the issuance of a building permit by the City; and, that there was no factual basis to sup- port the urgency of Ordinance #9264. Mr. Knauf pointed out the primary purpose of viewing the site was to get an adequate view of what is at stake. The lot upon which the two-story structure is being built is of odd shape, and there is one other lot that will take special planning. Mayor ,Dunne asked if there was any way to: det'ermine the exact height of the structure when it is completed, and Mr. Knauf informed the Council there was a 2 x 4 nailed to the sub-flooring that would give an idea of what the"finis'hed height would be. Mr. Donald Briggs, Jr., addressed the Council and stat$d he owns two or three lots in the subdivision affected by the moratorium, and he objected to the ordinance on the grounds that it was highly discri,minatory. Mr. Thomas Woodruff from the law firm of Stewart, Woodruff & Frazee, stated he submitted a letter to the Council on beh.alf of his client Mr. Donald Johnson, which was read at the meeting held last Tuesday even- ing. A petition signed by 78 prop-erty owners in the City of Carlsbad, was presented to the Clerk of the Council by Mr. Woodruff. The petitioners applauded and thanked the Council for its action last Tuesday evening, and opposed any change in th.e ordinance enacted. Mr. Woodruff stated the emergency ordinance adopted would allow the City and the developer time to gather up all the material as to what has and what has not been presented. At the time the subdivision map was adopted the specific enumerated conditions did not point out a height restriction, however, the Minutes reflect the,intent of the Council. Some of the points described by Mr. Woodruff were, (1) the authority of the Council to prohibit height of structures in any area;' (2) the right of the Council to adopt an emer- gency ordinance; an.d (3) the question of losing any part of a panoramic view. 8 .. ', I) In Closing Mr. Woodruff urged the Council to take no action other than its adoption of a permanent ordi- nance to impose a height limitation. It was his opinion the City struck an agreement three years ago when they approved the subdivision map for Carlsbad Manor. .. . .. .. . . _. ,. .. .~ .... -. .I 0 ** ! ' CITY OF CARLSBAD COUNCILMI -2- 0 _. 0. 1 I " I . : 47 March 6, 1971 Mr. Knauf spoke in rebuttal to some of the points raised by' Mr. Woodruff citing case law. Also the legal advise given to Mr. Geyer was that he is of perfect legal right to go ahead with the building of the structure. Mr. Richard Geyer, developer of Carlsbad Manor, ad- dressed'the Council stating originally.there were 61 building sites.~ The plans were for single story house except for these two lots. It is extremely difficult to build on these two lots. The Chief of Police want- ed to build- on Lot 41 but it was. not possible. Mr. Woodruff keeps referring to a contract - there was no contract made. At one time the entire, property that encompasses this subdivision was advertised for sale. At no time did any of the people living on Sunnyhill cdntact him personally. Mr. Geyer was asked if a one story structure could be built on the property, and Mr. Geyer stated he did not know as thi.s lot is located at the end of a cul- de-sac and is very confined. They have tried to de- sign homes for these-problem lots. Crnn. Sardine asked Mr. Geyer if they plan to build a two story house on lots 39, 33 and 35. Mr. Geyer stated eventually they may have to build on the upper level. If you *have ,single story strwctur.es .in--f.ra.nt you build two story in the back. . -. .. In Closing Mr. Knauf informed the Council they strong- ly take a stand there was no cont.ract made in 1967. The meeting was adjourned to the building site at 10:50 A.M., and the meeting reconvened in the Council Chambers at 11:40 A.M. As there was no one desiring to speak further, Mayor Dunne called for an executive session as this matter involved possible ljtigation. The. CoJncil adjourned to the Mayor's office at 11:42 A.M. The regular meeting reconvened at 72:ZO'P.M. and the Mayor announced the Council in executive session I ' decided (1) that emer ency Ordinance $9264 will remain in force and effect; 9 2) the staff will be instructed to draw up a permanent ordinance covering the entire community prior to the 90-day duration of the emer- gency ordinance; and (3) if Mr. Geyer desires to suh- mit a proposal the City will be happy to consider it. By proper motion the meeting was adjourned at 12:22 P. Respectfully submitted, !/T4 &@/ dl/ 62 &+.& MA . RET E. ADAMS City Clerk .* .. 4 J b.