Loading...
HomeMy WebLinkAbout1961-02-14; Planning Commission; Minutesc 0 MINUTES OF THE REGULAR MEETING OF CARLSBAD CITY PLANNING C(X"ISSION 1- 2- 3- 4- 5- February 14, 1961 The meeting was called to order at 7:30 P.M. by Chairman Jarvie. Present besides the Chairman were Commissioners, Kistler, Grant, Ward, Hardwick and Hughes. Absent, Commissioner Davis. Approval of Minutes of January 24, 1961. It was moved by Commissioner Grant and seconded by Commissioner Hughes that the minutes of Janaary 24, 1961 be approved as submitted. All ayes, motion carried. Written Communications: There were two items under written communications. A petition addressed to the members of the Planning Cmission requesting the rezoningm R-3 from the present R-1, of all properties on the easterly side of Pi0 Yico Drive, from the south side of Elm Ave. to the north side of Palm Ave., in order that subject property may be put to proper usage. The Secretary brought out the fact that this had been before the Planning C0m- mission before and that there were two ways in which this could be done. The property owners could initiate the action by filing a regular zone change ap- plication or it could be initiated by the Planning Commission by a Resolution of Intention. Chairman Jarvie felt that these people should be given some help in this matter because of the nature of the area and there should be some zoning along Pi0 Pic0 that would allow an apartment or a motel and stated that he was in favor of the Planning Commission's initiating a Resolution of Intention. There was considerable discussion among the Commissioners about the matter. It was moved by Comissioner Grant and seconded by Commissioner Kistler that the Chairman instruct the Secretary to notify these applicants that they should apply in the regular manner for a hearing on this matter. 5 ayes, 1 no, motion carried. Letter from Willis H. Niller, Secretary Treasurer of the San Diego County Plan- ning Congress, dated February 1, 1961, was read by the Secretary. The letter asked that the Cmission appoint their 1961 director and alternate and report their names and addresses to the Secretary Treasurer as soon as possible. The Chairman requested that further discussion of this be contmnued urider Item 10, New Business, Oral Cmunications: There were no oral communications. HEARING - C; .. .NDITIONAL USE 1'ERMIT - Request of Carlsbad Union Church to allow recreational area, construction of ornamental - -2- brick wall along Harding Street and on Prop- erty line of Lots 21 ad22 and construction of 6 ft. chain link fence on top of wall of- the northerly property line of Lot 21, on property located on the west side of Harding Street; more particularly described as Lot 21 and 22, Block 58, Carlsbad Lands, accord- ing to a Map thereof No. 1744, in the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Secretpry then read the application, setting forth the reasons for requesting the conditional use permit and containing 35 signatures in support of it. There were 5 new items of correspondence on this matter. Letter from Charles and Frances Coopman, not dated, stating that they were not in favor of the conditional use permit's being granted because of the high wall and fence and the noise from the playground. Letter from Mr. and Mrs. Doane Harrison dated February 11, 1961, stating that they protested the conversion of the Union Church's parking lot into a rec- reation area md felt that the noise factor would be detrimental to adjacent property owners in renting their property. They feel the request is a high- handed maneuver with no regard for the rights of other people in this area. Letter from Mrs. Alice K. ,!mundsen addressed to the Members of the City Council and the Honorable Mayor of Carlsbad opposing the granting of the conditional use permit for the playground and also the chain link fence which she feels would be an eye-sore. The noise from the Playground would disturb her tenants and the fence would make her property look like a concentration camp. She would be glad to sell her property to the church on today's market and then they can do with it as they wish. Letter dated February 13, 1961 frm.Mrs. Leah Bachrach opposing the grantl&Ug of the conditional use permit as she does not feel there is any necessity of more recreational areas as the Pine St. playground is there and also she r:-: feels the parking lot is too close to residences to be suitable. Letter addressed to the City Council from William Bigley atating that he owns 6 lots and a residence at 2132 Jefferson St, and protests the granting of a conditional use permit in that area. THE REV. ROY BROKENSHIRE, Y.O. Box 217, stFted that the church is in an R-3 zone which is already zoned for a day nursery. That they are asking to put a 6 foot fence on top of the wall which is already there. It seemed to him that all the other matters that have been brought up are irrelevant. They are not sG supposed to bring into the neighborhood anything that is not compatdble. Mr. Bigley bought after the wall was already there. So did Mrs. Pmundsen. The only question seems to be the 6 foot wire fence on top of the wall. MR. GENE WARREN, P.O. Box 217, stated that it was the desire of the church , as it anticipated growth, to provide a day nursery, and that it is absolutely necessary to have a play area in order to have such a nursery ahd to provide recreation for Sunday School children who are above nursery school age. -3- There are 739 day nurseries in Southern California and 59 in Sen Diego County and Carlsbad does not have one. He feels thpt it would be a definite addition to the community. MRS. ELI 1'. JOHNSON, 897 Oak rive., stated that she, Mr. Johnson, Mr. Bigley and Mrs. Amundsen, as property owners, oppose the Union Church's plans to use rr0; the parking lot on Harding St. as a recreational center on the grounds that it would jeopardize the renting or selling of their property and that it would endanger their livlihood. She feels that because the tsxes on her property and that of Mrs. Amundsen amount to almost $600.00 and the Church pays no taxes, that they should be given some consideration. The fence on top of a 6 foot wpll only 15 feet from her property would be unsightly. With the growth of the church she feels that the number of children in the day nursery would increase and also the hours of the day nursery and also the playground would increase. The children could be marched to the playground at the other side of the church as Councilman McPherson had suggested. The church was issued a permit for a parking lot and then without a permit they went ahead and instal& ed2 huge basket ball fixtures which they were ordered to take down. Her tenants moved out when they S~W these fixtures and their present tenants say they will move if the church has a recreational area there. The whole thing will get out of hand, she feels, and there are plenty of playgrounds in the area already. She further stated that the livlihood of elderly people is more important than unnegessary pmaygrounds, and asked the Commissioners to search their souls and consciences for an answer. CHARLES HOLMES, 3115.Harding,stated thpt he was a tenant of Mrs. Johnson's and agrees with what she had to say. He did not think anyone would care to live right next to that noise. Right now it is quiet but he has only been a resident here a short time and did not realize that they were planning to put a recreation are;' there and when they do he will move. The public hearing was closed at 8:25. The City Attorney clarified some points of the code on what constitutes an educational institution, which would not be En allowed use in 2-3 zone, where- as pre-school day nurseries are an allowed use. MR. BROKENSHIRE stpted that they have a vPriance for their Sunday School but did not get one for property involved as at t;.at time the property was in an estate. He further stated that this was not to be a recreation center. It is just to be an auxiliary area to play games when the young people have meetings and they want to play some g'mes outdoors. It will only be used probably once a week and occ?sionally at vacation bible school. He stated that the old play- ground was not being abandoned. The day nursery would operate from 9 to 12. He went on to say that they had not installed the besketbnll baskets illegally; they had been told that they did not need a conditional use permit for the installation of these and it was only when the new city manager had a stop order put on them that they were told that they would need a conditional use permit for the installation, He feels that the Conditional use permit they are requesting is in hawony with the area, and that they are not trying to drive the Johnsons away4 c h -4- 0 When asked if the lights would affect the neighboring properties, he stated that the lights had to face the church and not shine toward these properties. The City Attorney reed from the code the requirements necessary for the grsnt- ing of a conditional use permit and also the ways, and reasons for, revoca- tion of a conditional use permit. Commissioner Hardwick stqted that he had no personal interest in this condi- tional use permit and was not an official of the church. Conversely, he is associated with the Boy Scout program and other activities. In this coninunity there is a dearth of activities for youth. There are no plans to have a Community Center or Education Center for the young people md this is a com- munity of 10,000 people. He felt that it was owed to the community to provide activities or encourage private people to meet the needs of the children. The need does not stop at the age of 5 or even 15. There is a Boy’s Club which is purely for boys and there is nothing for girss. The beach is not always suitable for children and many children have interests other than beach ac- tivities. There are no school grounds open for them. Across the street from Cnrlsbad Union Church, a tennis court was taken down to make room for another sbbool building. Further, it seemed to him that most people are in favor of this conditional use pedt’s being granted to the church. It is preferable to hear the cries of children at play than to hear the cries of them and their parents when they get into trouble. A motion was made by Commissioner Hardwidk and seconded by Commissioner Hughes to adopt Resolution No. 196 granting a conditional use permit for the following reasons: 1. That the granting of this conditional use permit will not be unreasonably incompatible with type of use permitted in the SLirrounding area and zone. 2. That the grarting of such conditional use permit will be materially beneEicial to the public welfare and will not be unduly injurious to the property or improvements in such vicinity and zone in which the praperty is located. 3, The granting of such conditional use permit will not ad- versely affect the comprehensive general plan. The Chairman asked for a roll call vote. AYES: Chairman Jarvie, Commissioners Kistler, Hardwick, Ward, Grant NOES: None ABSENT: Commissioner Davis. and Hughes. Resolution No. 196 adopted. HEARING EOND IT IONAL US E I’EPJI IT Request of Woman’s Club of Carlsbad and William H. and Della C. Clark for a con- ditional use permit to allow construction of a Woman’s Club with necessary facilities for the conduct and operation of same on property located on the east side of Monroe St. between Basswood and Chestnut Streets, more particularly described as a portion of Tract 252, Thum Lands, according to a Map thereof No, 1681, in the City of Carlsbad. t 4-A Notice of hearing was read. The Secretary certified as to 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 reasons for request- ing the conditional use permit. There was one item of correspondence on this matter. Letter addressed to the Carlsbad City Planning Commission, signed by 17 property owners in the area, stating that they protested the granting of this conditional use permit because (1) they felt it was incompatible with the adjacent R-1 use (2) since a part of the subject property was zoned R-1 with no potential R-3, they had felt safe in building their homes there thinking it would re- (Page 5) -in ~-1 (3) since only the westerly 100 feet of the property is zoned Poten- tial R-3 and the rest R-1, therefore granting a conditional use Fennit upon the entire 360 feet depth of the property would be changingR-1 to R-3 by way of a conditional use permit. MRS. B.H. CHRISTIANSON, 2479 Ocean St., representing the Woman's Club of Carlsbad st-.ted that the members of the Woman's Club had been Seeking for seferal years a suitable location for a club house; that they own property adjacent to Holiday Park on which they had thought they would build. At that time it seemed to be a good place to have their club house. When an organiza- tion of 100-150 members has to reach a decision, a great deal of thought is given it. They entered into negotiations with the city, offering the city $ $25,000 if the city would meet that amount with a like amount to build a com- munity club house to be used by the city and other clubs. That plan did not turn out to be feasible and since then they have hunted and hunted for a suit- able location for their club house. They looked into all types of property in Carlsbad. On some there was the dollar problem, $20,000 to $30,000 for the land, on property they thought desirable. The property they now have in es- crow will be closed only on the granting of a conditional use permit. The property runs back 366 feet and could be subdivided to provide several home- sites. As it is now, unless it is cultivated each year, it is a weed disgrace. Admittedly, no one likes a lot of traffic, etc. but in the past, the Woman's Club has been a central factor in the building of Carlsbad and feels that their plans will not be detrimental to adjoining property owners. They do not plan on a lot of evening programs but hope to h-ve more if they have a club house. They feel they will be able to build an organization that will be of advantage to Carlsbad and the community. WILLIMl J. O'MEARA, 2055 Basswood, stpted that the property Owners knew that the Woman's Club had been looking for a club house and do not object except that the first 100 feet is the only R-3 potential zone and also they were won- dering about "dames and other evening progrrms. He wondered if in the con- ditional use permit it could state that the club house would not be used for ovaning dances. The City Attorney told the klanning Commission that they could initiate an amendment bo the ordinance themselves or the Woman's Club could ask for it. MRS. CHRISTIANSON stated that it was enticipated thlt the club house would be built with regdar setback which would be in the west 100 feet of the property. The property in back would be all parking. They felt quite sure that should there be a dance there the noise would not disturb the property owners. The public hearing was closed at 9:52 A resolution was made by Commissioner Kistler and seconded by Commissioner Hughes recommending to the City Council that appropriate action be initiated to pass a conditional use ordinance granting to the Woman's Club of Carlsbad the uses as requested in their original applidation. The Chairman asked for a-roll call vote. AYES: Chairman Jawie, Commissioners Kistler, Hardwick, Grant, Ward NOES: Ndne ABSENC: Commissioner Davis. and Hughes. Resolution No. 195 adopted. A short recess was called at 9:30. iteconvened at 9:40. 7- HEARING - Vb.RIANCE Request of Wesley 0. Denison for reduction in front yerrd set back from 20 ft. to 10 ft. on property located on the south side of Palm Ave. between Harding and Madison Sts; said property being more particularly described as a por- tion of Lot 7, Block A, hlles Avocado Acres, Resubdivision according to Flap 2027, in the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Sec- retary then read the application, setting forth the reasons for requesting the variance. There was no correspondence on this matter. The Secretary explained the background of this matter to the Commission, the fact that a variance had previously been granted on this property when it was owned by Fred Gerken, but since variances are only good for a year, it had lapsed as the present owner, Mr. Denison, had not been in a position to go ahead with building until the present time. There was no one present to represent the applicant, The public hearing was closed at 9:45. A motion was made by Commissioner Grant and seconded by Comnissioner Kistler that Resolution No. 197 be adopted granting this variance for the following reasons: 1. Granting this variance will permit the land to be used to its fullest and best economic use as this is in an R-2 zone. 2, Granting this variance will not adversely affect the com- prehensive general plan or be detrimental to the property and improvements in the vicinity. 3. There were no oral or written protests by the surrounding property owners. Resolution No. 197 adopted. 8- HEARING - VARIANCE - Request of William C. Larson for reduction in side yard 'from 8 feet to 44 inches to allow carport and den to remain as built on Dropertv lvina on the south side of ~ " 1. Yourell St. at intersection with Spruce; more particular- ly described as Lot 8, Block B, of Shangrila Tract accord- ing to a hap thereof No. 3179 in the City of Carlsbad. .*- Notice of hearing was read. The Secretary certified as to publication of notice ef hearing and the mailing of notices to property owners in the area. The Secretary then read the application, setting forth the reasons for re- questing the variance, and containing one signature in favor of the granting of the variance. There were two items of correspondence on this matter, Letter from 8 of the adjoining property owners, signed 1)y all of them, re- questing that this variance not be granted because when they bought in that neighborhood they felt they were being protected by the building code from being crowded; that grmting this varicince would set a precedent whereby any- one who made a mistake in building could get a similar variance; and that in an K-1 zone a "lean-tot* or detached room, expecially when not in conformity with the main structure, when built too close to the property line, devaluat- ad all the property in the neighborhood, Petition signed by two property owners within a 300 foot radius of subject property requesting that this variance be granted because it will increase rather than decrease property value in the neighborhood. WILLIAM LARSON, 1405 Yourell, stated that he had gone to the neighbors and they had signed his application and then asked to have their names taken off. He built a car part in 1954 before there were any other homes on Yourell St. He started building on to this a year ago and there has been nu sedret about the fact that he WPS doing it. He stated that he did not know he could not build that close to the side property line. His neighbor also has made a mistake by piling dirt against his(Larson's) wall. He stated hiscarport is well built and he planned to use the back part for a den for his Marine mentos and golfing trophies, Z.K. DE ARMOND, 1415 Yourell, stated that Mr. Larson had just started to put up the building before Christmas. He informed the building inspector of this and then went away. When he came back, he called the building inspector, who went up there and put a stop order on it. De Armond stated Larson had told him that he was going to build a carport, but did not say he was going to build that close to the line. He felt that he had bought a place with the protection of the zoning ordinance as to how close you csn build to the line and thought it would stay that wayb If Mr. Larson can do it, then everyone can, He and the other property owners felt they had nice property and want to keep it that way. As to the dirt on the wall, when he bought his lot, the dirt was there and was supposed to stay there. When he came to the property he found the dirt gone. He understood that Mr. Larson had given permission for it to be taken away. He had asked the City Attorney about it and she had told him he could have Mr. Larson arrested or ask him to return the dirt. He said the dirt would be too close to the top of the wall and the children could climb over it so he put a fence on top of the wall. Mr. Larson is a good neighbor qnd he ttied to get along with him. He wished that the work could have been stopped before it had gone so far. MRS. Z.R. De ARMOND, 1415 Yourell, stated that she just wanted to add that the building was done without a permit and that they had questioned Mr. Larson about building so close to the line and had then checked with the building inspector. That is how it came about that the building was built before any- thing was done about it. HOWARD BOLLINGER, 1425 Yourell, stated that it was when he saw the sign "Farmer's Insurance" thpt he wondered if that were a permitted use in R-1 area. GEORGE PETERSON, 1410 Yourell, st..ted ?that he eignbdrthe variance request of Mr. Larson and would like his name taken off the request. FRED WHITING 1420 Yourell, stated that his name was on both petitions and that he would like it taken off the petition of the applicant. t MR. LARSON stated that he is half owner of Farmer's Insurance Co. This is his home and he does not plan to carry on business there. His property was there first and is the largest. All up and down the street there are carports and if you would all look at the property you could not find anything wrong with it. They had to build their carport there in order to have a little privacy because the DeArmond's look right down into their house. The Secretary at this time gave a short explanation to the Comnission as to what had taken place. . He told them that this applicant had covered with a permanent roof what had formerly been an open patio, and built a den at the rear of the patio, said structure being only 44" from the side property line. This construction was done unknown to the city and without a building permit and the city only became aware of it when a complaint was called in to the building inspector. ' Upon receipt of the complaint, the building inspector put a stop order on the work which was approxirately 8Uh completed. At the time the applicant stated to Mr. Ratcliff and the Secretary that he did not know that a building permit was required nor was he aware of the side yard requirements. L.J. RATCLIFF, Bbflding Inspector, stated that he had made tkto trips there and then the work started up again and he had told the carpenter that they would have to get it straightened out with the Planning Comnission before any more work could be done there. There is no building permit for it that he can find and he h3s never made an inspection on this property. Commissioner Grsit asked Mr. Ratcliff if he had discussed the question of a building permit with the carpenter and also if the applicant ever discussed with him the fact that he zt one time had a building permit. Mr. Ratcliff stated that the applicant at one time had had a permit to build a wall but that that was before he was with the city as building inspector., MR. LARSON stated that the wall was 2" within the property line by survey. Commissioner Hardwick asked Mr. Ratcliff if he had red ticketed the property and work had still continued after this. Mr. Ratcliff stated that this was so. ;.fter that he had word fhat more work was going on so he returned and put the red tag in another place. MR. LARSON st ted that they had wanted a new front door for a long time and that he bought a new one as he could use the old one on the den and that he was hanging the new front door. A motion was made by Commissioner Ward and seconded by Commissioner Kistler that Resolution No. 198 be adapted denying the granting of this variance for the following reasons: 1. The sole purpose of a variance is to pregent discrimination and this would be granting a special privilege not shared by other property owners in the same vicinity and zone. 2. That none of the required reasons for granting a variance as provided in Art. 18, Sec. 1802 of Ordinance 9060 exists. -9- 9: rj : “,8~IBBt..::Chainslan Jarvie, Comnissionera Hardwick, Kistler, Grant, Ward . om# and Hughes. NOESt None. ABSENT: Comnisrioner Davis. Reoolution No. 198 adopted. 9- Old Burinese: There was no old busiwsr. 10- New Business: By unanimous consent of the Commission, Commissioner Kistler was appotnted as Planning Congress Director and Comnisrioner Hardwick as the alternate. 11- Ad iwtmt : By proper motion the meeting was adjourned at 10~25. Reapactfully submitted, 3. H. PRICE, Secretary