HomeMy WebLinkAbout1958-10-14; Planning Commission; Minutes00 tober 14, 1958
1- The meeting was called to order at 7:s P.I. by Chairman Swirskg. Present besidos tlne Chairnznn were Comisslonera Fennel, Jarvie, Daum,gxrtner, Stringer and &&yes. Abaent Conmissioner Bright.
seconded by Corn, Jarvie that tb uinutes of Septenber 23, 1958 be approved aa submitted, Six ayes, motion oar~ied.
3- HEARING - Varianoe. Requsat of Smith and Castela for reduction of
2- ainUt88 of September 23 1958. 1% was mved by CO?YU~ Ft3nnel and
required rear yard set back fmm 20 feet to feet for lots La k and iJ, Blook 1, Palisades.
Notice of hearing VIBS read. %%e Secretary oertif ieci aa to the pub- lioabtctn of iiotice of ibming axxi khe mailing of notices to gtmperty oprmrs in the mea.
The Chairmsn described tb exact looation and the size of the lots.
13t. IX)TI stated he was particularly Interested in nby the varimce
was desired.
Pa, RCrrX asked the app.oximate height of the proposed apartmnts,
N3. GI30 E, SHITH, 223 S. CaminoReal, San Clemsate, stated that
that it mould be appmxhatelg 70' wide, and the extra space mas badly needed, as t by had had txJ out back to 17 apartments, 4 of which weld be 1-bedroom, lnstead of the 18 apartments ori@inally planned.
would be a 2-story bullding , L &aped, with parkInG in the rear;
MRr ROT1 stated, he was not partioularly surprised about the apart- mnts as he understood the area had been rezoned about 2 years ago, but others besides him had not received official notice of the re- zoning at the t be. He fwthctr stated that hia main objection was that he had requssted a variance Zn April of this year and had been refused when he wanted to extend his struoturo; and dth the reeon- ing 2-story structures going in, it will obstruct their view of the ooean. tihen they built in Carlsbad, thy had no idea such thing8 would Occur.
The Chairman stated tb rezoninE was done as a result of a coqlete rezonhg plan; ard tht %atmy structures had always been allowed in any R zone, but could not exceed 35'.
tn. JORN ZUCIII, 3575 Garfield stated he was sure tho Board and the City ~ovonc~l had their masons far settins up the "rdinance as it was, and could seano reason why my exceptions should bo ~aiie, % further stated that he had just boust his house Ausst 23rd and had not received a notificatfon of the hearing but had been infolrmed by Mr. Rot%, MR. PXLLARD SUILEY, 3505 Garfield stated he understood a sw~ing pool was included in the plam and asked' how that uould affect tbe water supply.
blRS. FLORENCE CHRISTIPER, 3655 Qarfield stated if thb %story build- ing goes up, nothl-rq muld prevent otherrs being built, which would cut off their view of the ocean.
The Chalrman stated that the Zoning Urdinance allows 2-stury atructuree ln R sone8 . ., MR. C H. CEIS, 160 Cherrg etated he had bought his home about 2. months am and, while he had not been nottfied, he had received the notice sent to the p- ior oo11nBr.
The Secret ' read two lettars concerning this variance, Ths firat wa8 from E?. Frltsohel stating he naa neither far no against tb
' variance, but asked that the Codssion consider several faotors in maklng their decision. The second letter was from Leonard and Pauline E, T!ood stating they mere against panting the variance.
The public hearing was closed at 7t50 P.LI,
The Secretary submitted tb plans for the apartmnts b the Com- missioners for t b ir information.
Corn. Jarvie moved that this hearing be poatponed so that the Planning Commission could further study the matter; and that the Chairman appoint a cornithe to mske this study and report back to the Corn- mission at ths next meeting or a special meting,
The motion died for lack a€' a aeoond,
It was mved by Corn. Fennel ard seconded by Corn, Stringer that Resolution No. 8'7 be adopted granting the request of Smith and Castela Aasoc. for a reduction of rear yard set back from.20' to 12' for the follow^ reasons :
1, This la In lbe nit31 the policy heretofore eatablished.
2, That it did not 88- to be detrbnenttil to moperty in the area. 3. That it muld seem conduslve to 8 good development, which development w 111. be continued md followed in thin whole area. 4. The other 2 lots in ttae block have rear yard set backs of 12' or less,
Considerable discussion was Given this rilatter, Corn, flayea stated she opposed it as she felt an excellent repe8snt;ation had appeared Itn opposition and only the 011138~8 had spoken in favor of it; tarxi that the area had been developed along R-l lines which was generally considered the best use of lots. Comm. Jarvie stated he wanted la
808 Carlabad grow but; on ths baab of so many ppo teals, he thought the matter should be given furthew 8t;Udyo Corn. Baumgartnar pointed out that a 2-story struct;ure wuld be built on each of the 3 lots aa the required rear yard set bauk would be only 30'. Conna. Stringer stated that a similer applioation had been turned down sevem3l gear8 aeo, but he felt 8 bulldine of thb type w ould add greatly b the area. The Chairman stated that t& issue to be decided was for a reduction of rear yard set back, and asked for a roU call votes Chalrrnm Swlrskg, Commissioners Fennel Baumgartnew and Stringer voted "yes"; Comissioners Jarvie and k ayes voted "nowo Comissioner EbrigW absent. Resolution 30, 87 failed to pass fop laclr of' a suff icient majori.ty.
Notice of
thanked t;he Planning Conniss ion for theLr courtesy.
lication of Notice of å, but stated-tbat through a oleria& error notices had not been mailed to all of tbe property 0~1x938 vho had joined ln this request with the for reclassification, although tle other property opplers within ths 300t radius had re- ceived theirs; and that an attempt had been made to oontact the persons ooncerned by telephoneo
The Chdrman stated that on a zone dhmge, tbe Ordinance requires that a nottce bo publishred tb newsp8pr, and provides for the nailinz of notices to ppoperty omers within a 300' radius; ani tha it has bea the policy of the Ylmning CornMission to use both
~ ~~
methods.
It was moved by Corn. -ea and seconded by Comm. Banmy5artner that the hearing be contfnued until the next meetirq 80 that a1 persons ooncerned could be notified by mail. Slx ayes, motion carried. The Chabman stated the %hi8 hearing would be continued until October 20, 1958, md muld be the first baring on bhe agenda.
5- BEARING -
Notice of publloat ion of i<Gtice of hearing and the nailing of not;ices to propmty owners €n the ma. There were no witten 00' oral protest
The Chatman stated that a lib variance had been granted a few mntba azo on pzuperty louatsd across the street from tfw, property in question so that the sane eoazditions would apply and asked lf aayone had any aomarjnt ta make.
It was moved by Corn. S.t;rinWr and aeeonde8 Oomn. Jarvle that Resolution No. 88 be adopted granting the request of Lloyd A, Diradinger for a lot aplit with reduction of frontage frm 60 feet to fis fee%, and reduction in lot area from 6,000 square feet to 6#976 square feet for the following reasons$
1. Like airc~t~aes prevail in the neighborhood. 2. The property is already oooupied. 3. LI the variance is ganted, the proporty can be sold and !L&ivldually omode
At the request of Corn. Bavtner, the Secpe tary explafned the looation of the existin2 builcllng on the propert3. The Chatman aslad far a roll call vote; Chalrq~ Svttrsky, cormissi,onars Fennel, Jarvie, Baunqartnar Stringer and &layes voted "yes"; Comfsoioner Ebright absent. Resolution Xo. 88 adopted.
Cor~~iderable dlsouss ion was rr;iven this matter, Coma. Fennel stated that if' we deleted this property others would want theirs deleted and.we would have no laster Plan; that the owners are free to sell their property and that havZng it included in the gaster Plan has increased its value. Corn, Jarvie stated it muld possfbly be many yema -before the City could buy the property and that them are many other beautiful sites in the City for a Library so tho-t it shotad be deleted. Corn. Baungartner stated that ths pmperty
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c
any ca88, the front footage would not be less tkan 60'. IIe thsn referred to Item 6 and stated the recomondation for a 24* pipe had been made in accordance with the report of Brown and C&Ldwell, but due to the fact that the CoumZl had not had the opportunity to study the =port and arrive at a polic I he felt tkrr portion on the drain pipe should be chsplged to read xneceasary drainage pipe".
Comm, Fennsl asked the Ci$y Ehgineer If he had ~ioen consideration to the surrounding property, OF ff this subdivis ton would land-lo& othsr property in the area. The City Englneer stated that hie De- partmemt does not include in its investigation the application of this land from ci Lard use standpointo
MRS. ITELRN SI VIVANT, 957 Laguna Ilp?. asked how this aubdivisfon mad affeet her propmtg which %8 fut directly east of th Cantarhi property 8s she 6uld like to aispoee of the back half of her property ?.f there were any chanoe fos? an outlet, and did not how what arrangentsnts could be made for access to %me Street,
BIIR, l.'ARVII? rmEapMIIXt3. -360 Elonroe stated that he had made a thomu& study of tb area and coneldered .tl.le bent possibillty for HPSo Vivait's property would bo a kne Street extension. -
Corn. Bamgartner asked what could be done about the wida of kt ria. 0. XR. 3012 llOfJ1Y stated it was impossfile to tell on available record8 how much propwty would have to be dedicated; that the property is of such nature that they wlll 10863 one couplet8 lot if the front footage of lot No. 9 has to be 70'; that it should floc be less than 60' in any case, which would still retain the requirod lot areao
After the Conmissioners studied tax asse88or*8 map 35-42 to see what arrangement8 oould. possibly be made for aocess to the baclk half af bs. Vivant*s property, tbg explcllned to ks. Vivant that an ex- tention of uome Skeet wuld give her ths best access.
MRS. VIVANT thmked everpne for their ttme and said she oranted it understood that 8b.e was not opposing the subifviaion as she was in favor of it, but just wantod the information as to the best 8c3ces8 to the back part of her property 80 she could sell it.
Corn. Feml moved that Resolution Bo, 86 be adopted subjeat to the recommsndat Ions of tb "fty EnGineer on Item 6, and that Lot Po. 9 in Item 3 remain at its normal width of 70'. Corn, Baumgartner stated that if the tentative resolution was approved, tbe subdivider
would lose one lot because of the width. After some discussion, Esr, ?3umphreys asked if slmilar variances had not been granted whiah
would set a precedent?
Corn, Fennel renewed his motion, whicrh was seconded by come Jarvie, that Resolutlan No. 06 be adopted as submitted, aubject only to the change in Ttsm i<o. 6, as recommnded by the CiQ Engineer, nhexeln it atates, "24 Inch roinfbrccd concrete pipeA 8s recommnded by Brown and CnZdwoll in their drahage report ,
Corn. Daumgartner stated he felt it wasn't necess- f cot, kt NO. 9 to be 70, wide; Lai.una is a short street from there to the fi438WWj there would be little traffic; and that this ie a small subdivision
so thy need all the lots they can get. The Chrrirman asked for a roll call vote. Commissionws Fernel, Jarvie and Hayes xlted "ges'$ Chairman Swirsky, Commisaloners Baumgartner and Stringer voted no"; Commissbnerr &bright absent. Resolut5on Xo. 86 denied for lack of
a majorl ty.
It was moved by Corn, Bammtnec and seoonded by Connn. h?vie that Resolution ??o. 86 be adopted with the exceptions of Items 3
and 6, Six ayes, Commiasiones Ebri&t absent, Resolution 130. 86 adopted with the exceptions of Items 3 and 6.
Corn. Strlner pointed out that a tentative aubdlvis ion map had beon approved at the last meting grantins a variance on lot width in this sane areas
It w88 moved by Corn. Daumgartner and seconded Sy corn. Stringer that a variance be granted on Lot lie. 0, ftem 3, if necessary, wlth InstructZone that the lot be as wide as posaible with a minimm width of 60'; and that Item 6 be adopted subject to the cha~'ip~ as recommended by the City Ehgineer. Six ayes, Compn. Ebrlght absent, Items 3 and 6 of Ro8olutlon No, €36 adopted.
81. The Secretary referred to the zoning map and pointed out that tbe lO,OOO square rook aroa on Hiwaxl Avenue is not aocurate. He stated that it was the desire to maintain 75' frontage on Highland, but that some omms wanted to cut the lots up for frontage on
sZde streetsp and there wa8 no clear precise definition of the limits. The Chairman stated that he had served as Chairman on the cormittee for thb zoning, ani it had been the btention of the committee that the line would be 140' from Li@3.and.
It was nioved by Comm, Stringer and seconded by Corn. Baumgartne~ that the line be establisksd at 140' from Hialand, Some dbcussion
was given this matter, during which the Clty bn ineer stated that the first cro.rner Lot takes on the character of E ighland, but the lot below that tabes on the characlter of tb next street. Corn. Jarvie BUgfp3iXd that the matter be studied further by 8 committee before taking actton, which was &peed to. Corn, Stringer withdrew his motion. The Chtairman appointed a commLttee as fbllows: Corne Jamie, Chairman; Secretary Price and Corn?. StrinQ;er.
0- ORAL COZr~KR?ICA!t'IO?TS 5.
Them were no oral comunicatlons. ..
a, The' Secretory read 8 memorandum from the"City %glnser request- - inZ the policy on lot splits of land-locked parcela*
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R stated he waa the omer a the new lot would have
Tax aasessox-8 xmp 35-103 was groduoed fa. the C~mnissiotrB SnfoFma- tion which showed Lot ao. 5, the lot in question. MR. DON HOLLY etated that tbe land would not be lend-locked beaause of the p-opoiled split MR. A. H, GLISSBIAN, 4509 Adam atated that he anU his family were zhe purchasers of this tract dich contains an avooado grove eich they intend to lasep until conditions warrant improving the lsnd; at that time it would be their rssponeibili~ to put in 8 l?oado
After sone discuesion of the matter, it was deaided to aot on this one lot split rather than establish 8 poliotg.
It was moved by Corn. Hayes and sooonded by Cam. Strlnger that the lot split be appoved.' Six ayes, notion carried,
"Date: . Sept. 29,
"The city Counoil. at its adjourned ketlng of Sept. 24, 1958, Oon- . aidered the moblem of permansnt street widths for Carlsbad Boule- vard and Cedar Stmet, It was the Counctl*s decision that Carlsbad
Boulevard shall be improved fa a roadway width of 76 ft, For Cedar Street it was thew decision that tb pemnanent irnprovemsnt roadway width shall be SO ft,
*A general statement poliay waa developed nhiah aall8 for the use of the maximum amount of right of way possible where them exist- ing streets shall have righta of way in excess of' that required under the Master Street pxm. In setting a desirable roadway wldth which may be in excess of our current street standards, con- sideration should be given to the location of any ex1si;ing improve- ments on the street involved.
"The City Counc13 appointed a study cornittee vhich wfll review tb matter in mbre detail for furthtw Council deliberation.
H, R. Nelson, City U@.
J. x. Kubota
Y. wbota, rro
d. The Seuretary read the opinion of the City Attorney on the legality of an agreement nith St. Michaels E@ieoopal Chwh regarding a 36 mont;h waiver on sidewalks. The Chairman stated the ropw aotion
would be for the Plannina Commission ti^ recamad to the lilq Counuil that the inetallation of 8id8Wdk8 on the improvements of the site plan of St. alchaels Episcopal church be deferred for 36 montha under such terms and oonditiona a8 the City Council deems advisable. 6 ay98.
11- WHITNALL PROFQSAt FWZ MEEIING ATTENDANCE. The Secretary staixd that
I. bo Gordon Whitnall had proposed that he be employed to ofMcially meet with the Commission once every two rnonthe; that the omm mission had been allowed $1200. for the fiscal par for tbe Plannixq Consul- tant, and that k300, had been used to date. Mr. Whitnall is anxious to detcrmhe the desires of the Commission aa he would like to set up tr. schedae to met with the Carlsbad ConmissLon one month, and the Oceanside Planning Commission the next, which would mean he would be in the vicinity once a month. The Secretary furtkaer 8tat6d tht he had talksd tn Oceanside, but 'thq have not corn up with a decision.
Considerable dlauussion was givctn the matter and it waa decided that the Plannlng Coxumias ion sbuld do as much as poss ibZe on t;beir awn without spendiry: i;he money unless necressarg, me Chairman Inatrwted the Secretary to bfom &. Fhitnall that he would be oalled nhen necessary and, if he wants a written agreement, that he wlll be paid
12- Corn. Stringer podwed a newspaper article oonaernlng t;he San Diego
. .. on a wr giem basis wheqcalled.
County Planning Comrmiaaion In regard to zotnin~ in San Diego. The we of utility easements was discrusaed, and the Chairman inalucted the Swretary to write to tb State Ututty Comission to find out what authority the Plannbg Comission would have tx, force tb fssue on ths use of utility easements,