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Home My WebLink About1954-07-26; Planning Commission; Minutesbetlng oalld to orUer at 7ZOJ P. M. by Chafrmaa Cookrill. Present besides the Chairman were comgls, Smith, Stringer, Ledgemood (7:25 pH) , Public Works Director Bnthony, City Attorney Bruce SmitE. Absent, COIP~~~B. Garoia, Baumgartner and Grwseth, Comm, Smith moved that readag of the minutes of the meeting of July 12th be dispensed with, Seconded by Cannn. Stringer. All ayes, motion oarrieb Hotioe of pablio Hearing m the applioation of Benjamia F. an8 Adellne Lee Taylor, wa8 read. There were no protests, mitten or oral, and Mr. and Mrs. Taylor were present in support of their petition, Mr. Taylor ex? plained from a plot plan his masons for asking reduotion in front ysril setbaok to 2* feet from property line, and on both sh4e yards to 3 feet, stating that suoh reduotion8 are In full oonformity with varimoee granted br the County on adjaoent property, and that any building oonstmcted would oonfom in setbaok to others cm the BtPeet, In llne wfth the preoedent set by the County prior to lnoofporation of CarlsbaB; Hr, Taylor was asked whether/had c%OMtac%ed General Worton, owner of the ad jaoent property, and he stated that he had done BO and General Worton did not oomlt hia80lf but turn on a speoifio date, whioh he had failed to do. It was brought out that Oman Street wa~ originally 60 feet wide, but had been reduced to feet by legalvacration of the street. shoe the masxlanun legal reduotion possible would be 504% of the 50-foot setbaok from the oenter of the street, it was determined that the reductfon requested bould legally be granted. After discussion, Corn. Smith moved that the applloatian of Mr. and bs. Taylor for varfanocas as requearteg, be ??@GQmnded to the City Counall for approval, with the restriction added that any over-hang on the front side of my building that might be aonstruated on said property not extea4 toward Ocean Street any greater distanoe than on exlstlng adjacent buildings, Seconded by Corn. Stringer. All ayes, motion c18rried. Time of hearing, 25 minutes. Carlsbad City Planning Commission for reclasslfioation from E-2 to E-1 of -1- -4 " m property desoribed as the entire tract of Cedar Hills Maition, hp 532, City of Carlsbad, was rea&. There were no protests, written or od, and Mr. Yourell was present In support of his applloation. After dis6ussion, Comm, Smith moved that inasmuch as there have been no protests to the ap- plloation, the Commleslon reoommend to the City Counoil that the change in zoning from E=2 to B-1 of the Cedar Hills Uditian be granted, a8 request- ea. Seconded by Comm, Ledgerwood. All ayes, motion txwrie&. Tim of hear-, 10 mlnutes. A letter s-ed by 3" and Dolores Hutflesz, 1s bacia Avenue, petitioning that the building on Lot 14, Block D, Palisades (no adarees) be deolared unlawfW and a publio nuimoe under Sec, 23, Ora, 371 (county Ord, adopted by reference as City Ordirranae #gOOj) , and setting out in Be- tail reasons for their oomplaiat, ppjLnc1paii;ly that the buildlrrg ls beag oonverted into living quarters in violation of the zonlng ordlnanoe. It was brought out that the buildiag ha8 never been oooupied a8 living quart- ers and that the mer had been w4rned by the San Dlego County building inspeator that it was never to be used as suo?& Mr. and Mrs. &atflesz were present in support of their petition, and the petition wae acoolsapanied by a statement, signed by 14r. Hutflesz, T. Lloyd Park, Peter bun, Roy Cms and Qeaera A. Fritsshel that to their knowledge the bullillng had never beea oooupied as a dwelling. Hr. Anthony stated that he had told the owner aeveral months ago that he eould not eonvert the buildlag bto a dwelling. The City Attorney explained that any use that existed before ln8orporation or during the period immediately follawlng incorporation, when oounty or- dinances had lost tbir effeot and the oity ordiname had not yet been aaopted, oould not now be 8eolarsil Illegal; that illegal buildings aoquirea a legal status during that periaU when no laws were In effeat, H e stated the faet that a plulriblng permit had been granted by Mr. Anthony was not sigaiflcant as until an inSpeOtlOn is called for and made, no Investigation of the psoperty Is required far the issuax3cze of a plumbing pemit, It wa~ agreed to refer the matter to the City Counoil with the reoommendaticvn that the Counoll request the Pollae Department to make a full investigation to asoertain whether the property is being illegally ocoupied, The City At- torney stated that no violation exists until the builaing is oaoupied. -2- , i The tentative map of SHAEJGRILA, submittea by E. C, Yourell, oovering 21lots louated east of Olive Dpive, north of Forest, on property desoribed as a portion of Traot 6, Laguna Nesa Traots, was dlsmsaed, Reoormaandations of the County Health Departmat as to sewage disposal, an8 the Publie works Dlreotor as to streets and general lay-out, were read, Mr. N. P, &me, engineer, and Mr. yourell were present. Also read was a letter from Mr. Yourell giving additional Information and asking suspension of Seetion IIII.0-7 of Ordinanoe #902j regamling lot numbering. It was brought out that Yourell Avenue as delineated on the map would be 939 feet long, or, If extended by the ad3aoent property owner to Highland Drive, would lnake a blosk of lllg feet in length, nhloh would be entirely too long for fhre proteotion purposed. Mr. Yourell stated he would be will- to put a aitmebt through on the present location of Spruoe Street, although it would mean giving up me lot. It was agreea that inasmaoh as suoh 8 street csould never beoome a major street, 8 j0-foat street would be perm168alble. After oonslderation and tlisoussion, Cormn, Smith movetl that approval of the ten- tative map of SEIL4 traot be resomended to the City Counclil, with the follaPrring oatlitions :: (1) That Yourell Avenue be divided into two blocks by a north and south rlght-of-ww fifty feet In width, the east 30 feet of' whloh right- of=way to be that portion of Spruoe Street now dsdlaated, and the west 20 feet to be 20 feet paralleling the west side of Spruoe Street; (2) That the lots be numbered cronsecutlvely In eaoh of the two blooks within th subdivision; (3) That approval of that portion of the subdivision whlcrh Inoludes the alley and Lot8 7 to 15 inolusive, be given provided that the zone reolasslfiaation from E-2 to B-1, reoommdeB by the Plan2l-g Cowalssion to the City Council, be approved prior to approval of the flnal map; (4) That inasmuoh a8 adaltianal apaae is belng provides by Hr, Yourell for his north and south right-of-way to this property whlah will materially affecrt the size of Lots 6 and 16, it is reoomended that Lots 6 and 16 as now nwlibered a the tentative map reeelved by the City of Carlsbad on June 29, 1954, be olasslfiecl as B-1 lots, even though they will have less tbm 10,000 square feet area after the oonstruotlon of the right-of-way; (5) SubJeot to any restriotfons that may be imposed by the Chief of -2 w " W the Fire Departmeut, wbse written rewomnendation has not been reoelved at this time; (6) That the designation of Olive llpesua- be ohangeU to the oorreot designation of pIlve; (7) That the two blwks be desigaated as Blooks and aBa. Seerondsa by COIIM. LeBgerwood, All ayes, motion oarried. Chairman Cookrill reported that Ewalti had requested that the Corn- mlsslon glve sone thought to mer=allplannSng of the boat harbor area, and that after glv-g the matter some omsideration he had deoided to ap- point two-man aommittees to work on three pressing subjeotg, i, e., boat harbor zoning, subdivision ortltinanoe revision, and master street plannlng. There were Beveral menbers of the Spartemn's Club present on the assump- tion that a petittian for rezoning Qf tha harbor area to C-1 had been re- oeived. They were advised that none had been reoelved in the City offioe. Corn. Smith czomented that he believe8 that publlo hearlngs should be hela on tha subjeot of zoning for the harbor area on amount of the profound bfluenoe suoh a projeot wlll exert on ths erntire somnnmityi, Chairman Cookrill appalnted Committees as followst BARBOR ZOWINO - Arnie Stringer, Chairmetn &wet~-lk~~bmp Edals ozlroia Hawar& Baumgartner REVISION, OBD. &005 4. M. Smlth, Chairman Bespeotfully mabmltted, JOE B, COCICBILL, Chail?IIEUi V