HomeMy WebLinkAbout1960-06-14; Planning Commission; Minutes1-
2-
3-
4-
5-
June 14, 1960
Tb meeting waa called to order at 7:30 P.M. by Chairman Stringer. Present
besides the Chairman were Cormissioners Davis, Zahler, Ward, Thomas, Miller 6
Jarvie . Absent, none .
Approval of Minutes of May 24, 1960, Comnissioner Jarvie asked that an addi-
tion be made to page 7, making paragraph 4 read as follows:
Wmnnissioner Jarvie stated that he had cast a no vote because ha felt the
Conmission should act on one lot at a time. Mr, Brlggs stated that he had no
objection to having just one lot at a time considered."
It was moved by Comniseioner Jarvie snd seconded by Comnissianer Thomas that
the Minute$ of the May 24, 1960, meeting be approved as ended, All ayes,
mot ion carried,
Written Camunications:
There were no written comunications.
Oral Comnunicat ions:
There were no oral commmications.
HEARING - VARIANCE - Request of William P. Mulqueen for reduction of lot width - from 60 ft. to 41.92 ftb and tha.reduction of. side yards
from 6.97 ft. to S ft. to allow a lot split, property -_a portion of Black 3, Carlsbad Townsite.
Notice of hearing was read. The Secretary certified to the publication of
notice of hearing and the mailing of notices to property owners in the area.
The Secretary then read the application, setting forth the reaaons for request-
ing the variancec There was no correspondence on this matter.
The Secretary pointed out to the Commission that, as stated in the application,
this lot would have 80 feet of frontage at the property line and would have
a width of 69,73 feet at the 20 foot firont yard setback line. He also pointed
out that lot width of a triangular shaped lot is measured by using the midpoint
between the front and rear property lines for the calculation, He pointed out that the formation of this lot would square up this large parcel, allowing
future lot spllts to be more standard.
MR. WLLLIAM P, MULQUEEM, applicant, stated that nearly all of the lots in this
area are less than the minimum required width of 60 feet and that this lot
would 8erve to square off the remainder of the parcel. MR. CLAUD 3. HEL+TON, 2760 Arland Road, stated that the problem in this
instance, is the point at which lot width Is measured. He is wondering if it
would not be wise for the Planning Cmission to consider amending the ordinance
so that lot width is measured at the front yard set back, He stated that it is
necessary for a person owning a lot of this shape to have a much laaer lot
than ordinarily required, in order to meet the lot width requirement,
The public hearing was closed at 7:45 P&
6-
The Ccmnission discussed the matter and generally agreed that there were no
particular problems involved in granting this variance; that this is .a concm-
trated area and there is no particular advantage to having any more lend in
the lot,
It was wed by Comnissioner Jarvie and seconded by Comnissioner Ward that
Resolution No. 166 be adopted, granting the request Of william p. hlguern for a variance for reduction of lot width from 60 feet to 41e92 feet and the re-
duction of side yards from 6.97 feet to 5 feet as submitted, for the follwing
reaBons :
1, The lot created by granting the variance meets all provisions of
Ordinance 9060 of the City of Carlsbad with respect to minimum lot area,
lot frontage on a dedicated street, and lot width at front yard setback..
2. The lot created by granting the variance would in no way be detrimental
to public welfare or injurious to other properties in the vicinity, a5
majority of the lots in the imnediate area are less than the minimum
required lot width.
3, There were no written or oral protests.
The Chairman asked for a roll call vote:
AYES: Chairman Stringer, Comnissioners Davis, Zahltr, Ward, Thornas,
NOES: None.
ABSENT : None.
Miller and Jarvie.
Resolution No, 166 adopted.
Chairman Stringer stated, in reply to Mr. Helton's question of amending the
ordinance, that this was the first lot of this shape which had come up for a
variance; most of the triangular shaped lots fan out from the back. If there
are many lots like this created, perhaps an amendment can be studied.
HEARING VAR LANCE .. Reauest of R, P. and Lois V. Shea for reduction of mini-
mum required lot frontage from 60 feet to 25 feet on one
lot and from 60 feet to 0 feet on a second lot to allow a
lot split; property being portion of Lot 1, Cedar Hill
Addition.
Notice of hearing was read. The Secretary certified to the mailing and publish-
ing of notices of hearing. The application was then read, setting forth the
reasons for requesting the variance; the application contained 4 supporting
signatures of property Owners within the 300 ft. radius. There were 2 items
of correspondence which were read by the Secretary:
(1) Letter dated June 13, 1960, signed by Russell Grosse, 2619 Highland Dr.,
opposing the granting of this variance, as it would tend to change the char-
acter of the neighborhood and possibly reduce property values. Also, it would
open the way for similar variances permitting construction of rentals to the
rear of existing dwellings.
(2) Petition presented to the Secretary at the time of the hearing, containing 3 signatures of property owners within the 300 ft. radius, favoring the granting
of the variance as requested.
-2-
MR. Re We SHEA, 3875 Mt, Vernon Ave., itlvcrside, representing the applicant,
reviewed the location of rhe subject proFe;-Zy and the r??r"i:tions they were request-
ing. He stated that they felt that the provisions af the Zoning Ordinance were
being met in that one of the reasons for grant.ing a variance is vhan the?e.sre
unusual or exceptional. circumstances which do not generally apply to other property
in the same vicinity; this lo& is substantially larger than other lots in the area
and is unusually oblong, the depth being more than twice as greet es the width.
Alao, the existing dwelling is located approximately in the centet of the parcel,
preventing its being split without a variance. He further stated that the subject
property is in an R-1, 7,500 sq. ft. zone and this parcel contains over 40,000 sq. ft.
They feel that it is unfair to burden one ownership with the maintenance and tax-
ation of a lot this size. Another provision of the ordinance for granting a
variance is that the variance should not be detrimental to the surrounding proper-
ties. Mr. Shea stated that the applicants feel this lot split would be beneficial
to the surrounding properties, in that the lots would be more within the maintenance
capabilities of one famfly. Also, the development of homes on what is now vacant
lot area would certainly substantiate property values and bring in additions]. tax
revenue, thus benefitting the community as a whole. The improvements contemplated
by the applicant would also have 8 beneficial effect, Their plan is to install a
paved driveway along the west property line which would replace the existing dirt
driveway, and they also plan to remove an unsightly metal shed and replace it with
a modern carport. As to the crdinance's restriction that the variance not adversely
affect the comprehensive general plan, the use of this property would remain resi-
dential, with the resulting lots in conformance with the minimum lot area and yard
setback requirements. This property is not in the path of any proposed road or
highway as shown on the Master plan. Mr. Shea stated that the applicants had nof
gone about this case in a haphazard fashion, but had considered all possibilities
for developing the property within the bounds of the Zoning Ordinance. They made
gn attempt to cooperate with the surrounding property owners, however they were
not interested, so a variance is the only solution. The applicants further agree
to dedicate the additional right-of-way on the north side of Forest St, to provide
a more nearly standard width.
9. JOHN PALMER, owner of property at 2635 HighlandE$tSO Yourell stated that the
ppplicants had presented their case to him, and that his only interest was not
deteriorating any part of the neighborhood, He stated that he would lfke the
building standard8 on these 2 lots to be maintained and that the street to bet
installed not be used to service the area to the west, thus creating a substandard
rental unit area. He was also concerned that all 3 lots be serviced by all Utilitie8,
MR. SHEA, in answer to Mr. Pslmer@s question of the road servicing the area to the
west, stated that this strip was to provide access to the rear parcels and to pro-
vide right-of-way or easement for utilities to the rear parcels.
MR. MAX EWALD, 2729 Catlsbad Blvd., raised the question of who would be responsible for these utilities installed on private property?
The Secretary called the attention of the Commission to the fact that the applicant
acquired the property in May, 1959, and that there have been several applications
involving the problem of creating "pan handle" lots out of large deep lotr, and the
Compission has set a policy of denying such requests. On the matter of the lot which would be created with no frontage on a dedicated street, the Planning Comnission
ha6 no authority to grant this reqJest, as it is an outright violation of
Ordinance 9050. If the Conmission feels this request should be granted, then
ft can only be accomplished by an amendment to the ordinance, rather than by
granting a variance.
Mr. Shea stated that they were not umhdful of the history of simifar appli-
cations. However, if former applicants or future applicants can demonstrate
compliance with all provisions of the ordinance and prove that their request
would not be detrimental to the surrounding area, then their requests should
be granted also.
The public hearing was closed at 8:15 P.M.
Comnissioner Zahlcr asked Mr. Shea if it would not be porsible to make this
proposed 25 ft. street into a 50 ft. street, since all of the proposed lots are
large enough to 8CCompliSh this and still meet the 7,500 sq. ft. requirement.
Mr. Shea stated that they have investigated this possibility, but found that
it would not be economically feasible. They had also contacted the adjoiniw
property owner to the west to see if he would be willing to dedicate 25 ft. for
the street, but he was unwilling to cooperate.
The Comnission discussed this matter at great length. The pos8ibility of an
ordinance amendment was discussed also. The comnissiofi generally agreed that
an ordinance amendment permitting lots with no frontage on a dedicated street
would be detrimental to the community. Such an amendment would all- narrow
little roads on private property as the property*s only access and make it
impossible for police and fire protection as well as other services.
It was moved by Commissioner Hiller and seconded by Comnissioncr Thocaas that
Resolution No. 165 be adopted denying the request of R. Po and Lois V. Shea for
the following reamons:
1. The lots created by granting the variance would not meet the require-
ments of Ordinance 9060 of the City of Carlsbad, and would be in direct
violation of the provisions Of Ordinance 9050 of the City of Carlrbad,
2. The Planning Conmission could not properly grant the applicant 8 lot split to create a lot with no frontage on a dedicated street; md if 6uuh permirsion were desirable, it could only be achieved by amend-
mefit CO Ordinance 9050 of the City of Carlsbad and not by granting a
variance.
4. The property was acquired by the applicant in May, 1959, and it is
pre8med that the applicant was aware of the zoning restrictions on the
property at the time of the purchase.
The Chairpran asked for a roll call vote:
AYES: Chairman Striqer, ~cnrmiraioners Davis, Zahlcr, Ward, Thomas,
NOES: None.
ABSENT: None.
Miller and Jarvie.
Resolution No. 169 adopted.
-
7- HEARING - CONDITIONAL USE PEWIT Request of Alice Ma Wilhelm and Vera C,
Sinnott for Conditional Use Permit to allow
the establishment of a telephone answering
service at 545 Tamarack' Ave.
Notice of hearing was read. The Secretary certified to the publication and
mailing of notices of hearing. The Secretary then read the application as
submitted, setting forth the reasons for requesting the Permit. The Secretary
then pointed out that Ordinance 9060 makes no provision for an answering
service. He also pointed out that Ordinance 9060 does allow maintaining a
mil address for 8 business in an R-1 Zone and one motor vehicle, together
with the equipment and tools, wherein the vehicle is ,.used as a means of trans-
portation by the resident. The Secretary stated that he had not been able to
talk with the City Attorney regarding the legality of this request, as she is
on vacation. Therefore, he would like to recommend that if this request is
granted, that it be granted subject to the apinion of the City Attorney as to
its legality.
ALICE M. WILHELM, applicant, stated that she and her sister, Mrs. Vera C.
Sinnott, were planning to purchase this property, provided the Conditional Use
Permit is granted. The telephone company had checked the site and found that
it is a suitable location for the installation of their lines into the house.
They are hoping to realize sufficient income from the operation of this
service to provide them with a livlihood. There is no telephone answering
service in Carlsbad at present, and they feel that they can serve the business
and professional people of the commrnity who would have occasion to use this
service. She pointed out that there are no nuisance factors of noise, traffic,
parking, or any other objectionable factor,
MR. MAX EWALD, 2729 Carlsbad Blvd., representing the applicant, stated that there was no provision in Ordinance 9060 covering telephone answering service,
that this is the purpose of a Conditional Use Permit--to take care of unusual
conditions.. He stated that he had talked with the City Attorney and that she had ruled that this service could only be established by granting a Conditional
Use Permit. This would certainly not be detrimental to the neighborhood in
any way, and it is a service needed by the connnunity. He stated that if the Commission should grant it subject to the approval of the City Attorney, this
was certainly satisfactory to the applicant.
The public hearing was closed at 8:40 P.N.
After discussion by the commission, it was moved by Commissioner Jarvie and
seconded by Comnissioner Ward that Resolution No, 167 be adopted granting a
Conditional Use Permit for the establishment of a telephone answering service
at 545 Tamarack, subject to an opinion from the City Attorney as to the legality
of the request, for the following reasons:
1. That allowing the establishment of a telephone answering service at
this location would not be detrimental to the surrounding properties, as
there would be no nuisance factors such as noise, vehicular traffic,
walking traffic or parking.
3. There were no oral or written protests.
-5-
The Chairman asked for a roll call vote:
Resolution No, 167 adopted.
TENTATIVE MAP OF LONGVIEW PLAZA SUBDIVISION
The Secretary certified to the mailing of notices to adjoining property
owners, and then read the recomnendetions of the various departments and
agencies. The memorandum from the City Engineer pointed out that the Master
Plan for the City projects a major street along this Easterly right-of-way
line of the railroad. However, it is felt that this is not the most advan-
tageous location for a major street, as it would have to bridge the Agua
Hedionda Lagoon; and since the Master Plan was drawn up, the San Diego Gar
& Electric Co. has bought most of this property, so any such street would
run right through their property. He further pointed out that there had never
been any precise plan for this proposed street and that there was no binding
status whatsoever. If a harbor is developed and Carlrbad Blvd. is cut off,
there could be access ramps onto the Freeway installed, with a brldge across
the Lagoon. The Secretary also stated that the memorandum fram the Engineering
Department: recommended that Lot: 5 of the subdivision, which now contains 5,800
sq. ft. more or less, be brought; up to the required 6,000 sq. ft. The Secre-
tary presented proposed Resolution No. 164 incorporating the recomnendetions
of tho various departments and agencies as conditions for approving the
tentative map.
MR. BILL MOORE, of Dresselhaus Engineering, representing the uwner, stated
that Lot 5 would be brought up to more than 6,500 sq. ft. on the final map.
Also, they had not indicated sidewalks because of the long stretch of Long
Place on which there were no houses fronting. There would only be houses
fronting on the cul-de-sac.
The Secretary pointed out that it is the stated policy of the City Council. to
require sidewalks in subdivisions, unless Cttr subdivision is a rural type
development with very Large lots.
Canmirsionrr Jetvie moved and Canmissioner Thomas seconded the motion that
Resolution No. 164 be adopted as proposed, with the addition of one mora
condition:
14. Lot #5 to be brought up to 6,000 sq. ft, minimum.
The Chairman asked for a roll call vote:
AYES: Chairman Stringer, Comnissionerr Davis, Zshler, Ward, T~OIIULS,
NOES: None. ABSENT: None.
Miller and farvie.
Resolution No. 164 adopted.
9- Business:
(a) Report of meeting of San Diego County Planning Congresr held May 23, 1960.
-6 w
Conmissioner Thomas gave a report of .the panel on Street and Highway
Classification, briefly as foflows:.' Conmissioner Thomas stated that this panel
was of greater interest to larger cities and that there was not much infor- mation of real interest for Carlsbad, The"discussion had begun with dafini-
tions of Local, Collector, Major, Expressways and Freeways, after which some
of the fundamental concepts of freeways were explained. One panelist gave a
short resume of the historical background of the County Road Classifications
and how the standards of construction have changed to meet the population
inCT&aSi?
Conmissioner Ward gave a report on the panel covering Parks & Recreation.
Commissioner Thomas atated that both he and Cmissioner Ward felt that a
member of the Park and Recreation Department would have benefitted from this
panel, The first speaker on this panel stated that the standards for park
and recreations are not too good at the present and that Planning Canmissions
are responsible in large measure for this condition, since they can recommend
land and set up locations for various facilities to be installed. He pointed
out 4 main objectives for parks and recreations:
1. Plan to have playground facilities near each school, 2. Install a community center, swimning pool and games such as shuffle
board in a centralized location in the city.
3. A municipal golf course for cities of fifty thousand people or more.
4. Secure location for week-end park where eating facilities can be
built, tables, stoves, water, rest roms and an over-night camping
area .
He stated that there should be one acre of ground for every hundred people in
a city. 30th panelists stated that the main problem is that of securing
adequate land
(Note: More detailed reports of these 2 panels are on file in the office of
the Secretary).
10- New Business:
(a) The 5ecretary stated that it was time for the Commissioners to be thinking
who they would elect for the next Chairman, This will be on the agenda
for the next meeting.
11- The meeting was adjourned at 9:25 P.M.
Respectfully,
Secretary