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HomeMy WebLinkAbout1957-09-10; Planning Commission; MinutesMINUTES OF REGU&AR MEETING OF CARLSBAD PLANNING COMMISSION " September 10, 1957 1 .. The meeting was calted to order at 7:35 P.M. by Chairman Baumgartner e Present besides the Chairman were Commissioners Fennel, Jarvie, Swirsky, Kay Kalicka and City Engineer Kubota. Absent Commissioner Stringer. Yourell and Engelmann; Planning Secretary Ewald, Planning Consultant 2- '- C.omm. Yourell moved that the Minutes of August 27, 1957 be approved as ubmitted. Seconded by Comm. Swirsky. All ayes, motion carried. 3- RECLASSIFICATICM - DOMINGUEZ - RESCLUTION NO. 28. The aaolication for Reclassification of a C.-2 Zone to N-R Zone on Madison between Elm Avenue and Oak Avenue was conaidered by the Commission. A report was submitted by the committee appointed by the C,hairman, consisting granted, that they had contacted the surrounding property owners and that of Cornmissioners Fen=!. and Jarvie, recommending that this zone change be they had no objections to this rezoning, and suggested that this rezoning be extended easterly one half block to Jefferson Street. They further stated that the owners in this area were able to get little revenrae from the present build- ings. Mr. Kalicka stated that this rezoning should extend to .Jefferson as well as Madison Street. Mrso Dominguez was present and stated that the property this rezoned. After considerable 'discussion Commissioner Swirsky moved owners on Jefferso,n had been contacted and that they were in favor of having that Resolution No. 2,8 be adopted recommending to the City Council that this zone reclassification be approved as requested, due to the following reasons: 1. That it is not inconsistent with any of the plans of the City or any 2. That the persons in that area desire to develop their property into 3. That there are no written or oral protests; and 4. That the owners o€tI~e property in that particutar area have requested .I z,o'ning map; uses which are allowed in a R-P Zona; the change due to the fact that our C-2 Zone does not allow the developer the Pull uae of his property. Seconded by Cornm. Fennel. All ayea, motion carried. 'Absent Comm. Stringer; G-. HEARING - MASTER PARK PLAN.' Notice of second'hearing was read by the Secretary. zaxr.man ==her declared the hearing OQ~A to the 7 -pJ-"- public ~ ALEATHA VAUGWN, 3355 Eureka Place and 3366 H)io F'ico, stated that her p"pe:ly had oeen otui.z~d~om the area being considewdhr rezoning on Pio PLco Bl:.da, and ::hat she had been on the original petition $or this rezoning. She sta.6ed that sh- hd sent 6omeoTre who was interested in purchasing her psopezty io the City H,?I1 and that they were informed that her property was being leased to '&e C:!ty and tba-t they were advised to go somewhere else and - I_Iu=-? that if the City wanted to purchase her property that she was certainly willing. buy. She further stated that she €elt that she should be given a fair change, and they would protest air{ plan for a Master Park Plan at this time until they had A letter was read fr0i.n the San Diego Cas and Electric Company stating that not adopting a development plan, but a Master Park Plan for the future. KaZicka stated that the Commission should take into consideration that we are voting of the Master Park Plan because of personal reasons. Cornm. Fennel stated that he would like to abstain from any discussion or Secretary Ewald stated that a committee had met with the San Diego Gas and Chairman Baumgartner declared thd public hearing closed at 245 P.M. Electric Ccnnpaay to see if an agreement could be reached as to the area that mission did not wish to discuss the plan at this time and would take the matter could be used for the Master Park Plan. The Chairman stated that the Com- up at their next study meeting. .' made full use of the property surrounding the :iarbor recreation plan. Mr. 5- HEARING - VARIANCE INGRAHAM. RESOLUTION NO. 29. construction of an additional dwelling on property located in an R-1 zone and the I?otice ot publia heari.ng was read to consider an application for variance for the rear portion of the property being located in an R-3 zone. There were no written or oral protests. MRS. JANE SONNEMAN. Elm Avenue, stated that she lived in the area and certainly had no objections to the owners improving the property. MR. STANALAND, IOlT, Grand Avenue, stated,that he had no objections to an additional dwelling bring built if they would build the new house on the front portion of the property and move the old hose back on the rear of the property. C.hairman Baumgartner declared the public hearing closed at 8:lO P.M. During the discussion it was brought to the attention of the Commission that this was the only long: lot in the block, that it extended back 325feet and that the owners could not make use of the rear portion of their property as it was now zoned. Mr. Mali.cka was asked his opinion of this variance and he stated that he felt that the wrriance was justified. Comm. Fennel moved that Re sohtion No. 29 be adopted granting this Variance, subject to the following conditionst 1. That the owner cannot sever the property. 2. That a 10 foot driveway be paved to the rear portion of the property; and 3. That multiple zoning (R-3) be taken off the rear portion of the property and that the entire lot be zoned to R-1 to conform with the front portion of the property, said variance being granted due to the following findings of fact: 1. That the lot i(3 excess in depth; 2. That the lot lies within two zones; and 3. That the Plarmning Consultant feels that the variance is justified. -2 - Seconded by Cornm. Jarvie. Five ayes, Comm. Swirsky voting No, Comm. Stringer absent, Resolution No. 29 adopted. 6- . HEARING * VARIAN,ZE - DRACE. RESOLUTION NO. 30. -07 public hearing was read to consider an application to allow lot split and reduction of lot width of property located on Hillside Drive. C.hairman Baumgartner stated that he felt that aL1 the Commissioners were familiar with the property as they had approved this request before and had recommeuded to the City Council that this request be granted, but that the Council had voted against the granting ,of this request. The Chairman declared the public hearing open, MRS. JANE SOMNEMAN, IC44 Elm Avenue, stated that she was acting as the applicant's agent in this matter. \ JORGEN B. AAGRE?, 4269 Hillside Drive, stated that they had sent in their protest along with Mr. Ebrlght and that he did not feel that this matter' should be brought up again. A letter of protest dated September 5, 1957, signed by Mr. K. E. Ebright and thoroughly gone through and a decision reached less than a year ago, that it three other adjoining property ownera, stating that as this matter had been would only serve to inconvenience the Planning Commission, the City Council, and the citizens who had spent many hours in resolving this matter. They would supply new petitions verifying the fact that the opposition is unchanged. further stated that they were entering their protest, and if necessary they Chairman Raumga.rtuer declared the public hearing closed at 8:25 P.M.. Comm. Jarviz stated that he felt that this owner was being denied the use of that was sent to the City Council approximately a year ago recommending this his property if he were not granted tkis variance# A copy of the memorandum variance was reviewed. After discussion by the Commission. Comm. Jarvie moved that Rcsolutioa No. 30 be adopted granting the variance subject to the following conditions: 1. That the dwelling be set back at least 20 feet west of the narrow portion of the lot. 2. Tkt the Planning Commission be allowed to review the plana for the dwelling prior to iss.lance of the building permit. 3. That the time limit for the variance be waived, and that the reasons for granting said variance are as follows: a reasonable distamx from the narrow portion in order to construct a house adequate and appropriate for the neighborhood, and to protect the safety and welfare of the neighbors. 1. The topography of the lot is such that the house would have to set back where there is more than sufficient ground to build an attractive home. 2. To deny the application would be to deprive an owner of property rights, -3 9 c The motion was seconded by Comm Engelmann. All ayes, Comm. Stringer absent. Resolution No. 30 adopted. HEARING - CONDITIONAL USE PERMIT - LEE RUSE POST 8359 v.F.W. Notice of Public hearing was read to consider an amlication for conditional use permit to allow conkruction of a meeting hall o& property located in an R-1 Zone. Mr. Smith, Commander of the Lee Ruse Post was present and stated that they wished to build an attractive building for their use and one that could aLso be used for other recreational programs. M. W. BONDY, 1150 Pine Avenue, stated that he certainly had no objections io the building being built and only hoped that it would start the ball rolling. block and that the building should be set forward 20' instead of IO', and that Mr. Kalicka stated that there was a precise plan for an alley through the LO' be dedicated for a.nplley, and that a solid fence or wall be erected on the help to cuk off the lights fx:cl;, the residential area surrounding this ptoperty. East side of the propsr$y because of the parking area situation which would Chairman Baumgartner declated the public hearing closed at 8:45 P.M. Resolution No. 31. After considcrabla discussion it was movtd by Comm. to the following conditions: -Resolution No. 31 be adopted granting this variance subject 1. That a 20' rear yard be required. and that 10' be dedicated for 1/2 2. That a solid fence or wall be erected on the east side of the property of the proposed alley. in accordance with the City Building Ordinance. That said variance be granted for the follming reasons: 1. Location is compatible with adjacent building to the Weat; 2. The property has an easy access to the Freeway; and 3. Is generally well located for an assembly building, adopted. Comm. Stringer absent. The motion was seconded by Comm. Fennel. All ayes, Resolution No. 31 The meeting was adjourned for a short receas and reconvened at .).:IC P. M. 8- HEARING - PIO PICO PRECISE PLAN - CARLSBAD PLANNING COMMISSION. notice of second =ing was read to consider a precise plan for Pi0 Pic0 Drive 9- HEARING - RECLASSIFICATION W.A. AND NELLE M. SAWYERS. ,. Notice of second hearing was read to consider an appllcation for resfassifi- cation from Zone R-1 to Zone R-3 on Pi0 Pico. Drive. E. F. Peterson, 1287 Buena Vista, asked to see the precise plan for Pi0 Eo Drive. The Commission presented the plan for him to review. -4- ALEATHA VAUGHN, 3365 Eureka Place and 3366 Pi0 Pic0 Drive, stated fliat she felt that her property should be included in this rezoning as she had petitioned along with the bther petitioners. That if the City des&ed to pur- chase her property that she was wllling to sell it, and that she did not see why the City was preventing her from selling her property as she wa5 not physical- ly able to take care of it and desired to sell it. BILL BALDWIN, Palm Avenue, askedwhythe property between Palm a@ marrnolla was not included in the precise plan and in the rezoning. The City Eniheer sLated that there were &w homes in the area and that it was falt that that block should be kept in a 3-1 zone. Mr. Baldwin stated that he had been on the original 2etltion and wished to have his property included in ths precise plan and the rezoning. The City Engineer stated that in reference to the matter in which Mrs. Vaughu stated that she had sent someone to the City Hall who was interested in pur- chasing her property and that they were advised to purchase some other property, that if Mrs- Vaughn would like to volunteer this information as b whom the party was, ,that the City would like to look into the matter. Mrs. V,augha stated.tbat she was ddvised by her attorney not to state who tho party was. i A letter dated Augaet 27, 1957 addressed to tbs Planning Commission from Aleatha W. Vaughu statw that when the Notice of Public hearing was publishad in the Carlsbad Journal for reclaaaification of properties along Pi0 Pic0 Drive as requested by Wm. A. and NeIlie M. Sawyers, that her property had been omitted and requested that her property be included as she had signed the petition and paid her portion of the filing fee. Letter from Frank B. Smith, dated September 9. 1957, stating that the City zone change, that people east of the freeway are dependent upon Pi0 Pic0 as should consider *hat is beat for the greatest number of people affected by this an access road for a safe and prompt means of access to the freeway and t0 roads west of the freeway, that it is only 32 feet wide, that motels and auto access road, and that since the number of people affected by thia change courts would greatly add to the traffic conjestion and parking on this narrow would greatly outnumber those on pi0 Pic0 ha feels that the interost of the greatest majority should be considered. Two petitions were introduced by the Secretary protesting the rezoning of Pi0 Pic0 Blvd. Chairman Baumgartt.er declared the public hearing closed at 9:40 P.M. Comm. Swirsky stated that the original request was for all the property along readvertised to include all the property along Pi0 Pic0 as it waa originally Pi0 Pic0 and stated that the Sawyers' request for reclassification should be advertised. After considerable discussion it was moved by Comm. Swirsky that the hearing on the preciae plan bc continued until the.meeting of October 8, 1957, and that by the 2nd meeting in. September the City Engineer and ihe Planning Consultant ,_ -5 " advise the Commission if they have any additianal recommendations in refer- to the Sawyers' appkation for reclassification be readvartised to include Cnce to the blocks that have been excluded, and that the hearing in refereace all property that waa included in the origh,al petition. Seconded by Comm. Jarvie. All ayes, motion carried. 10- Memorandom from' the City Manager was dad in reference to the cross street from State to Madison north of Grand, @ding that the recommendation from the Planning Commiseiou was read at the regular meeting of the City Council held on September 3. 1957, and that the City Council had askod that the matter be referred back to the Planning Commission until such time as a written report had been received from the Traffic Committee and the Piaming Consultant. 11- Lettor from the San Dirgo Gas 81 Elcctric Company dated August 22, 1957 in reference to the elackric service for the teotative 8ubdivision known as Belle- donna Heights Wa6 read, wherein the indicated in red on an accompanying photostatic copy of the aubdiviaion /&e the electric power pole line facilities would be located eithin the subdivision streets, and stating their reasons why power pole line facilities conatructed at the rear of the lots would be imprac- ticable. Mr. Kalicka stated that this has been a problom in all cities, but that the City could force the company to use the easements as recommended by the City. Comm. Swireky moved that the Letter be filed. SocMed by Comm. Jarvie. All ayes, motion carried. 12- Comm. Swirsky moved that the proposed amendment to Adele 23 of Ordinance No, 9060 which had previously been liubmitted by Gordon Whitnall .pd Associates be set for hearing on October 8, 1957, as submitted. Seconded by Comm. Jarvie. All ayes, motion carried. 13- Comm. Swirsky moved that 3esolution of Intention No. 2 be adopted by the Planning Commission requesting a zone change of that portion of Tract No. 117 Carlsbad Lands as sltown on Map No. 1661, Asse8sors Code No. 35-444 now by Comm. Fennel. All ayes. motion carried. Rasolution of Intention NO. 2 zoned aa R-3 to R-1, and that the hearing be sit for October 8. 1957. Seconded adopted. Comm. Stringer absent. 14- Comm. Swirsky mov-zd that ReSOlUtiOn of Intention No. 3 be adopted hthe Planning Commislrion requesting reclassificatlon of the property more parti- of Carlsbad Townsite, according to Map No. 1661, in the City of Carlsbad. cularly described as Lots 1 thru 8, Block 57, and Lots 25 thru 32# Block 48 from Zone C-2 to ZaSe R -P. and tbat the hearing be set for October 8, 1957, tion No. 3 adopted. Somm. Stringer absent. Seconded by Comm. Jarvie. All ayes, motion carried, Resolution of Inten- 15- Comm. Swir,sky moved that the Meeting be adjourned. Seconded by Comm. Jarvie. All ayce. The Meeting was declared adjourned at 1003 P.M. Respectfully submitted. A Saoratary Y