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HomeMy WebLinkAbout1958-01-14; Planning Commission; MinutesMINUTES OF REGULAR MEETING OF CARLSBAD PLANNING COMMISSION January 14. 1958 li. The meeting was called to order at 7:35 P.M. by Chairman Baumgartner. Present besides the Chairman were Commissioners Fennel, Jarvie, , Kubota and Planning Consultant Gordon Whitnall. Absent Commissioner Swirsky, Wright and Engelmann; City Manager Nelson, City Engineer Stringer. 2- as follows:. Hearing on request for rezone on area east of Pi0 pic0 Drive Comm. Swirsky asked that the minutes of December 10, 1957 be corrected asked Mrs. Nissen if she would consent to the hearing being continued until between Oak and Pine Avenues made by Marie K. Nissen, the Chairman such time as the matter could have further study; that Mr. Roy Pace's statement be corrected to show that he owned property in that area, and he had plans for two 2-bedroom homes for duplex uae; and that by proper motion the meeting of.December 10, 1957 was adjourned to December 20, 1957 at 7:OO P.M. Comm. Swirsky moved that the minutes of December 10, 1957 and December 20. 1957 be approved as corrected. Seconded by Comm. Fennel. All ayes, motion carried. read wnhereiu the applicant requested a reduction on lot width from E 0' to 57.36', on pr.operty located at 3334 Harding Street, Carlsbad. There were no written protests. Mr. Fred Norman was present and stated that he was presently leasing this property and wished to purchase a portion of the propqrty, an he was unable to purchase the entire parcel, Mr, Dewey and presented a drawing of the parcel, and that there was a triplex on the McClellan was present and stated that he was appearing for the applicant After considerable discussion, Comm. Feme1 moved that Res. No. 46 property but in the event of a sale the building would be used as a duplex. than other lots in the area, that it would conform to other lots in the area be adopted granting this variance for the reason that this lot was larger and the owner would be enabled to make use of his property. Seconded by Comm. Jarvie. Six ayes, Comm. Stringer absent, Res. #46 adopted. 3- HEARING - Variance raqueat. - Ralph F. Walton. Notice of hearin was ~ 4- HEARING - Variance request ,- Charles E. Boles. Notice of hearing was read wherein a request for variance of a reduction in lot width from 60' located on tke south side of Tamarack Avenue east of the railroad. As 50' and lot split was made on a portion of Tract No. 232, Thum Lands, this property fronts on Tamarack Avenue, and Tamarack Avenue being a main thoroughfare, some discussion was given to the dedication of a portion of this property for street purposes to be used at such time as Tamarack that Resolution No. 47 be adopted granting this variance due to the fact that is widened. After considerable discussion it was moved by Comm. Jarvie the p~opcrty owners adjacent were in favor of this variance. that this is a large parcel ob land with a smaii house on one portion. and this variance would allow &he owner to make use of the balance of hie property, subject to the condition that 5he.property owner be required to set back the building proposed an additional 12' because of Tamarack Avenue being a main thoroughfare. Seconded by Comm. absent, Resolution No. 47 adopted. Engelmann. Six ayes, Comm. Stringer 5" HEARING - Variance request - Harold N. Marion. Notice of hearing was read wherein the applicant requested a reduction zn lot width from 60' to 50' on property described as Assessor's Book No. 35, Page 77 as Parcel 8. One of the members of the Commission stated that he had looked over the was present and stated that since the original application did not show .all property and there was some dl screpancy in the application. Mr. Marion of the facts he would like to request that he be allowed to resubmit his application. By mutual consent it was agreed that the matter be hold in abeyance in oder for the applicant to resubmit hia application. 6- W. F, Greek and Chester Ward - street vacation request. Letter from of a portion oE the west side of Buena Vista Circle. Mr. Greek and Mr. w. Y. Greet: and C.h@Ster Ward wa5 read wherein they raqu.ested vacation Ward were present and presented a drawing of the property involved. After considerable discussion the Chairman informed the applicantrr that a corn'- mittee would be appointed to check into the matter. Chairman Baumgarlner appointed Ccmm. Fennel, Jarvie and Engelmann to serve on this committee, and instructed them to submit a recommendation. to the Commission at the meeting of January 28,' 1958. The applicants were informed that the matter would be continued until the meeting of January 28, 1958. 7- Street vacations -.Ocean Manor and Carlsbad by the Sea. Comm,, Fennel stated that he wished to Comm. Swirsky explained that at the meeting of December 20, 1957 a abstain from any discussion or voting on the matter. the Ocean Manor Apts. and tbe Carlsbad by the Sea. The Committee had committee had been 'appointed to study the vacation of streets in the area of met and were submitting their report in the form of a map. The,following is a list of their recommendations: .. Widths of .street vacations. a. b. C. a. e. Cedar IO' on .. Grand each aide. Stnet '- from Washington Street to Ocean Street. vacation of Avenue - between Carlsbad Blvd. and Ocean St. / 20' on each vacation of aide. Elm Avenue - between Carlsbad Blvd. and Ocean St., 10' vacation on each side. Garfield Street - between Elm Avenue and Grand Avenue, no vacation. Carlsbad Blvd. - between the overpass and Elm Avenue, no vacation. Conditions imposed. 1- "C" Zone: ' a. 10 foot sidewalk with tree wells. b. Type "G" gutter, with paving according to City specifications to center of right of way. -2 - 2- Property surrounding the Carlsbad by the Sea, with sp0ci.d use: a. 5' sidewalk adjacent to the curb. b, Type "G" curb, with paving according to City specifications to the center of the right of way. 3- R.-3 Zone exclusive of Ocean Street. a. 5' sidewalk wittl type "C" curb, with paving according to C.ity specifications to the center of the right of way. 4- Ocean Street. a.. Dedication to the City of a 5' right of way with improvements b. Type "C" curb and paving according to City specifications bo of a 5' sidewalk adjacent to the curb. the cenkr of the right of way. 5- Tract 94 - Ocean Manor. a. Dedication to thc' new property line which shall 5' east of the extoting property line. An additional condition in came of vacation of these streets -the proparty owners shall grant easements in accordance with the request of the San Diego Caa and Electric Company. MR. NIELSEN. architect for the Carisbad by the Sea. stated that they were willing to dedicate 5' on %tan St., but were opposed to having to lnstall dedication of 5' with.improvements on Ocean Street would cause an inden- sidtwalkks and paving to the center line of the streets, for the reason that the interfere with their building plans; and if they had to pave all the streets tation in the street and would make the street hazardous, and would also to the center iina of the street. the cost would bc too great. The committee felt that the recommendations took into account the desires of the applicants and were given as much weight as possible. some of the citizens voiced concern over the vacation of streets in view of the popularity of the area for tourists and felt that this matter should be given further consideration. After considerable discussion C.omm. Swirsky moved that since there is a public interest on the vacation of the streets and the applicafits are npt in favor of the conditions recommended by the com- mittee. that. this matter be continued until the next meeting of January 28, 1958., Seconded by Comm. Jarvie. Five ayes. Comm. Ebright voting "no", COM~. Str:iger absent, motion carried. 9- Chase. - Ebright Land Use Problem -,continued. submit a report and for the building inspector to make a report on the type Tliis matter had been continued in order for Gordon WhitnaM and Assoc. to of building .:hat now exists. Comm. Ebright stated that he wished to abstain from all diocussion and voting on this matter because.of personal reasons. Mr. WhitnalA's report pointed out that the' City Attorney's report )iad been baaed upon record facts only, and in this opinion the Commission.should non-conforming building and a non-conforming use of Land. A memorandum consider tba building as it now existo, as he felt that this building was a -3- the building was a Type V building and is a non-conforming building under from the Building Department was read wherein they had determined that the present zone. Mr. Wbitnall pointsd out that if the Commission wished to abate this building under a Type V building that it would have to be abated under a 40 year term, and that the land use and the building are tied in together. After considerable discussion Comm. Swircky moved that the Commission adopt Resolution No. 48. to read as follows: WHEREAS, the request wa,s made by a citizen to the Commission as to the abatement oE a non-conforming building, on property described as: A portion of Section 1, Township 12 South, Range 5 West, Lot 1, more particularly described in Assessor's Book No. 35, Page 171, Parcel 28, located on the North side of Laguna Drive just West of the North termination of Roosevelt Street in the City of Carlsbad, County of San Diego, State of California; and WHEREAS, She Planning Commission has heard the opinion of the Planning Conrultant and the City Attorney as to the applicability of the abatement provisions of Ordinance No. 9060; and WHEREAS, certain determinations must be made by the Planning Commission under section 1706 of Ordinance No. 9060, NOW, THEP,EFORE. the Planning Commission resolves and determines the following facts: 1. That the date of the establishment of the non-conforming building is October 10, 1955. 2. Thai. there have been no structural alterations or enlargements of the said brrilding which makes it necessary to establish a later date for abatement oE the n@n-conforming building than is set forth in the ordinance e 3. Thai: the building Is a Type V building. 4. That in accordance with the provisions of Ordinance No, 9060 the date of abatement is set at 40 years from October 10, 1955. 5. That the Secretary be instructed to notify the owner of the decision of the Planning Commission in accordance with Ordinance No. 9060. The motion wa8 seconded by Chairman Baumgartner, Roll Call vote: Comm. Fennel, No, Comm. Jarvie, No. Comm. Swirsky, Yes. Chairman Comm. Stringer absent. Resolution No. 48 adopted. Baumgartne:?. Yes. Comm. Engelmann, Yes, Comm. Ebright abstaining, -4 - 10- Woman's Club Project, This matter had been contfnued awating the to contents of the contract between the City and Woman's Club, and a report aster plan and repofis from the City Attorney an'd the City Manager as merely consisted of an inventory of what thmo3mmudtY building should from Gordon Whitnall and Associates. Mr. Whitnall stated that his report consist of, and that he felt that the first step for the Commission was to recommend .to the Council that an architect be employed to design the details of a plot plan for the civic center which would include this community building. The City Manager suggested thst the Planning Commission appoint a member of the Comm.ission to work with the Building Committee of the Woman's Club and that the Commission request that hearings be set for the Civic Center Master Plan. After considerable discussion Comm. 'Ebright moved that the Secretary be instructed to publish notices of public hearings to be held on January 28, 1958 and February 11, 1958 to consider a Master Civic Center Plan. 'work with the Building Committee of the Woman's Club. Seconded by Comm. Fennel. The Chairman appointed Comm. Jarvie to 11- Newman request for ambulance service location. The Secretary lnformed the Commission that Mr. Newman had made a .request to locate an ambulance service in Carlsbad, and as our zoning to the attention of the Commission. ordinance does not provide for such service the matter had been brought ambulance business in Oceanside and wished to have a branch office in MR. NEWMAN, was present and stated that they had an establiahed access to the freeway and had chosen 1183 Elm Avenue as a location; there Carlsbad; they had endeavored to establish a location that would have good would be no commodities sold and no signs on the property; the only com- munication would be by telephone or radio; and that some of his personnel would just bc on call and would live in their own residence. Mr. Whitnall informed the Commission that since the zoning ordinance was silent on this type of business it was the responsibility of the Commission to give an opinion. He slated that he would send down some cases pertaining to this type of business. in regards to this type of business, that the matter be postponed until the Comm. Ebri.ght recommended that since the Commission has no opinions next meeting: in order for Mr, Whitnall to send down some cases pertaining to this matter. 12- State Park Parking Plan. Mr. Perry Lamb, representing the Chamber of Commerce, stated that some time ago the Chamber had written to the State in relation to the State Park Beach area here in Carlsbad, and ware informed thet the State Legislature had appropriated monies for the upkeep of State Beaches, and that Cartsbad had been included, and that,plans, were being made for permanent rest-room facilities. He further stated that at and he had recommended that more parking space be provided for the beach one time the State had sent down an architect to investigate the beach area area. -5- turned over to the Planning Consultant for their recommendation, but The City Engineer informed the Commission that this matter had been somehow the matter had not been taken care of and the Engineering Depart- ment had prepared a map and wished to submit it to the Commission for their review. After considerable discussion Comm. Swirsky moved tbat this map be sent to the Park and Recreation Commission for their report. Seconded by Comm. Jarvie. All ayes. motion carried. 13- Dr. Geissinger - request for permit to construct home. The Secretarv informed the Commission that Dr. Geiasinger had requested ~~ ~ ~~ ~ -~ a building pekit to build a home on his property. As the-property did not front on a dedicated street the matter had been brought before the Commis- sion. It was pointed out that a precise plan had been adopted for Spruce street, but the adjoining property owners were not in a position to partici- the Commission determined that this lot existed before the present zon pate in the improvement of Spruce Street. After considerable discussion ordinance and they could not require the applicant to dedicate a portim 9 o his property and make improvements. Comm. Fennel moved that a building permit be grantad in accordance with the plot plan as submitted. Seconded by Comm. Engelmann. All ayes, motion carried. 14- Resolution No. 329 fr& the City Council. A Resolution of Intention by the CI Council was submitted to the Commission for their reviw., to amend City Council required to amend Ordinance No. 9060, referring the same to sezion 1912 of Ordinance No, 9060, said section relating to the vote of the the Planning Commission for hearings as required by law. Comm. Swirsky moved that a hearing be set for February 11, 1958. to consider the amend- ment to Ordinance No, 9060. Seconded by Comm. Ebright. Ail ayes, motion carried. 15- Letter from the San Diego County Planning Congress requesting an annual progress report from the Planning Commission. The Secretary was in- structed to p:repare this report and submit it to the Planntng Congress. 16- The Chairman informed the Cornmission that the Ocean Manor Apts. had withdrawn their application for reclassification of their property, and were substituting an application for a variance, and asked that a special meeting be held on January 20, 1958 to consider this variance. It was moved by Comm. Swirnky and seconded by Comm. Ebright that #is meeting be adjourned to 7:30 P.M. January 20, 1958. 17- Precise Plan for Fair Trailer Park. The City Engineer presented a precise plan for the Faw Trailer Park for fie Commission to review. Comm. Swirsky stated that he wished to abstain from any discussion because of business reasons. Comm. Engelmann moved that the precise plan be approved as submitted. Seconded by Comm. Jarvie. 5 ayes, Comm. Swirsky abstaining, Comm. Stringer absent. Motion carried. By proper motion the meeting was adjourned at lt:09 A.M. ‘Respectfully submitted. a. -6 - M. 0. EWALD Secretary