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HomeMy WebLinkAbout1954-06-14; Planning Commission; Minutes.6 MINUTSS OF MEETING OF CARLSBAD PLANNING CO"IISSI0N June 14. 1954 Neeting called to order at 7:OO P. M. by Chairman Cockrill, Present besides the Chairman were Commissioners Gronseth, Qarcia., Baumgartner, Smith, Ledgerwood, Public Works Director Anthony, City Attorney Smith. Absent, Commissioner Stringer, Comm. Gronseth moved that reading of the minutes of the meeting of May 24th be waived. Seconded by Comm, Smith. All ayes, motion carried. Secretary Baumgartner, read the application of Helen Keithe, owner, and Brilhart Rusical Instrument Corporation, lessee, of property desoribed as a portion of Lots 17 and 18 and a portion of Tract 106 of Carlsbad Lands, located at State Street and Oak Avenue, for reclassification of said property from C-1 to C-2. Signing the petition as consenting to the reclassification are Harvey Law, E, C, Anderson, Harriet E, Perklns, F Robert and Catherine Willls, and Ivirs, S. N. McCorter. After considerable discussion, it was decided to increase the area to be reclassified, and Comm. Smith moved that a hea,ring be set on the Keithe-Brilhart application at 7:30 P. M. on June 28th, 1954, for reclassification from C-1 to C-2 of the property described in the petition, and in addition, at the initia- tion of the Planning Commission, rezoning from either C-l or R-3 to C-2 be considered of the area bounded on the north by the first alley south of Elm Avenue; on the east by the west side of Boosevelt Street, on the south by the north side of Oak Avenue, and on the west, by the center-line of the Atchison Topeka. and Santa Fe Railroad right-of-way, Seconded by Comm. Ledgerwood. All ayes, motion carried. Secretary aaumgartner read Notice of Public Hearing on the request of Anderson & Hobinson for specrlal use permit to allow placing of advertis- ing sign on a bench located at the bus stop on Grand Avenue and Carlsbad Boulevard. The City Attorney had been asked for an opinion as to whether or not a special use permit is the proper procedure for bench advertising. City Attorney Smith was present and stated that, as presently written, Ordinance #9027, amending Ordinance #9005, requires a special use permit for bench advertising and the Planning Commission is within the scope of the Ordinance in pursuing same, However, he suggested that the question be broached to the City Council as to whether it was their intent, in adopting Ordinance #9027, to cover bench advertising, as their intent I - would govern, He stated that as presently written, the ordinance re- quires a separate permit for each location. He brought out that this is a situation of placing private property on public property for financial gain of the party placing it there; yet, that a public purpose is being served as the people of Carlsbad are accommodated in having a place to sit down 60 wait for a bus, and therefore the public welfare, benefit and comfort were served thereby. He further stated that actually, once benches are placed on public property and secured to the sidewalks by ' means of bolts or oement, they become City property by means of becoming fixtures. He was asked about signs placed before the passage of Ordin- ance #YO27 and stated that prior to that time commercial advertising was allowed in C-1 and C-2 zones without granting of special use permits , but was prohibited in R- zones. After considerable discussion, it was agreed to defer hearing of the Anderson & Robinson request for special use permit until such time as the Council has established a policy on such cases. Comm, Gronseth moved that hearing on the request of Ander- son i;c Hobinson for speoial use permit to allow Rdvertising sign on a bench be deferred to August 9th, 1954, at 7:3O P, W,, and that no penalty will accrue to Anderson & Robinson for its existing structure and ad- vertising. Seconded by Comm. Smith, All ayes, motion carried, Comm. Ledgerwood was aske6 to represent the Commission at the City Council meeting on Tuesday evening. Secretary Baumgartner read the application for variance, signed by Ramon Yrineo, 3120 Madison Street, to permit reduction in rear yard set- back from 25 feet to 15 feet, on property described as Lots 11 and 12, Block 47, Carlsbad Townsite, located at 3130 Piadison Street, in an R-2 zone. It was explained that Mr. Yrineo. is at present living in a trail- er, which is a violation, and wishes to build a garage to be used tem- porarily Tor sleeping quarters, until he can construct a house later, The question was raised as to whether one-half the width of the alley could be considered 10 feet of the setback, and it was agreed that this was proper, Comm, Smith moved that the application of Ramon R, Yrineo for variance in rear yard setbaok be set fof hearing at 8:3O P, M, on June 28, 1954, Seconded by Comm, Garcia, All ayes, motion carried, Secretary Baumgartner read the application of Roger A, Dawson, -2- "~ . - James D. Dawson and Mildred Do Dawson for varimce to allow reduction i.13 side yard se$baok on both south and north sides, from ten feet to five feet, on property described as a portion of Lot 25, Patterson's Addition, located at 3218 Highland Drive in an R-1 zone. Also read was a letter of consent signed by neighbors Mr. and Mrs. Thomas 0. Hammond, Mrs Evelyn Pace, Mr. and Mrs. Ken b'bright , 0. A. Schultz , and Mr. and Mrs. J. L. Wean. Corn. Smith moved that the application as read be set for hearing at 8:OO P. M. on IYlonday, June 28th. Seconded by Comm. Baumgartner. All ayes , motion carried. Mr. Wm. F. Iqagee of 3515 Highland requested that he be allowed to build a j-foot fence on the Highland Avenue or front side of his proper- ty. He explained that he wished to build and equip a patio and a fence this size would be necessary to insure privacy. His problem was dis- cussed fully, and Section 15.9 of Ordinance #9005, governing fences, was read, wherein it is provided that wall or solid fences at the front prop- erty line nay be no higher than 42 inches, but that a 50% open fence may be higher. Public Works Director Anthony stated that he would go up and inspect the property and see what, if anything, could be worked out for Mr. Magee. After a 10-minute recess, the Commission was reoonvened at 9:OO PM. Secretary Baumgartner read Notice of Public Hearing on the applica- tion of Alton A. and Margaret V. Gladden for reclassification from R-3 to C-1 of property described as R portion of Tract 99, Carlshad Lands, located on the south side of Oak Avenue between Lincoln Street and the Atchison, Topeka & Santa Fe Railroad right-of-way, to permit construction of additional dwelling units or business structures thereon. There were no protests, oral or written. W. D. Carmichael of 372 Pine Avenue was present, but stated he had no objection to the reclassification. The property was described as an 80 x 200' lot, ad joining a C-1 zone. Secre- tary Baumgartner summarized a letter received from L. E. Buchart, suppoPt- ing the Gladden request for reclassification. Corn. Baumgartner stated that Dewey IIcClellan had just sold the property across the street from the Gladden lot and stated that the purchaser has no objection to the re- classification. After discussion, Corn. Smith moved that in view of the fact that there are no objections to the application, and at least one -;a - ~ ~ ~ ~~~~ ~ ~ ~~~ ~~~~ ~ ~ ~~ letter has been received from a property owner neighbor requesting that the rezoning be granted, and inasmuch as the adjacent property is now zoned C-1, that a recornendation be made to the City Council that the request of IVIr. and Wrs. Gladden be granted, Seconded by Comm, Gronseth, All ayes, motion carried. There being no further business to come before the Commission, Comm, Gronseth moved for adjournment , seoonded by Comm. Smith. All ayes, meeting adJourned at 9:20 P. M, Respectfully submitted, HOWARD AAUIVIGARTL~R , Secretary -4 -