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HomeMy WebLinkAbout1976-04-14; Planning Commission; Minutesh CITY CARLSdAD MEETING OF: PLANNING COMMISSION DATE : April 14, 1976 TIME: 7:30. P.M. PLACE: COUNCIL CHAMBERS - CALL TO ORDER The meeting was called to order at 7:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Minutes of March 24, 1976 .were approved with one change: on page 3, last paragraph, add: agreement with the'condition as-amended. Change Commissioner Jose's vote from Aye to No. . Commissioner Jose voted No because he was' not.. in Minutes' of March 31, 1976 were approved. WRITTEN COMMUNICATIONS . .None ORAL COMMUNIC-ATIONS None PUBLIC HEARINGS Continued from March 10, 1976 Case No. V-259, Douglas Harwood (Agent) -Request to allow the creation of two panhandle lots with 20 feet of frontage each. Planner Tom Hageman gave Staff report and recom- mendation for approval. -He explained that the ' public .street is not feasible on this property because the steep terrain .would require grading intc the building sites. The only feasible way to develop this property is through a variance for substandard lot widths. The problems for such development have been worked out between the Applicant and Staff. . Commissioner Larson asked'about access for Lot 3. Hageman explained that access would be required from Lot 3 onto the driveway of Lot 2. This would be required because of the stee terrain between Lot 3 and Park Ave. PIUS the 4 imitlns of driveways redudes the possible traffic conflicts. The APDlicant was Present but did not speak. Edwin Schick, 2585 Highland Dr., Carlsbad asked what would be the utility of a 20-foot drive. Assistant Planning Director Bud Plender explained that the 20-foot drives wo.uld be Qsed only for access purposes and that development would occur . only on the lot proper. A motion was made recommending approval of V-259 based on the findings and recommendation of the Staff Report. Present Absent Motion Ayes Absent. Motjon Ayes Absent Motion Ayes Absent CITY OF CARLSuAD MEETING OF: PLANFiING COMMISSION DATE: April 14, 1976 TIME: 7:30 P.M. PLACE: COUNCIL CHAMBERS Pabe 2 Case no. V-260, Susan Green (Agent) -Request for a reduction in the rear vard setback requirement for a single-family resideice. The requested rear yard setback is 13 feet. The required setback is 20 feet. Planner Hageman gave the Staff report with. the. recommendation for denial because Staff does not find the four circumstances nec,essary to approve a variance. ~ ~~~ . Commissioner Fikes asked if.aesthetics could be used as a reason for unusaul circumstances. He felt that the lots in this area are unique because they are , designed for a view of the Golf Course. He explained that the 20-foot setback a.s required would be detri- . mental to th.e view of the subject property but the 13- foot setback as requested would not block the view .. of surrounding properties. Commissioner,Jose said that most other vacant lots in the area are not similar to the subject'site in that they do not have a view of the Golf Course and therefore a var.iance on subject site would not be a .precedent for the other lots. . Haley Hodnett, 962 Sapphire, Pacific Beach explained that t.he 2 DroDertv owners on either side of the sub- ject property have written letters explaining that they are in agreement to the variance. In addition, La Costa has submitted a letter explaining that they also are in agreement to the variance. Mr. Hodnett further explained that if this is a precedent-setting variance, it would still be legitimate because if there are other lots with the same circumstances, the) should also be allowed variances. " Chairman L'Heureux explained that if this variance was adopted, the Planning Commission must make find- ings that are unique to this lot and 'request. Commissioner Fikes says he believes that there are unique circumstances because of the 1,ayout of the lot in relationship to the other lots; because of the location on a cui-de-sac; and the particular view of the Golf Course this lot has. Chairm-an L'Heureux said that a valid consideration is the best lot/house relationship which can differ between 1 ots. A motion was made to approve V-260 as per the follow- ing findings and with a condition that the approval is granted for the land described in the application thereto as .shown on the plot plan submitted, labeled Exhibit A, dated 3/5/76: 1) There are exceptional' or extraordinary circumstan- ces or conditions applicable to the property, or to- the 'intended use that do not apply generally to the other property or class of use in-the same vicinity and zone because: a) The subject ppoperty is one of th.e few.-remaining undeveloped lots that abut the Golf Course. b) The subject property does not ha.ve a rear property line that forms a straight line with the adjoining lots' rear property lines. c) There are existing houses on both sides of the,subject property with predetermined setbacks from the property lines and Golf Course. d) There are no near neighbors to Yotion Ryes Absent /' , -. i - CITY OF CARLSuAD MEETING OF: PLANNING COMMISSION DATE : April 14, 1976 TIME: 7:30 P.M. I PLACE: COUNCIL CHAMBERS . ,. Paqe 3 . the rear of the su-bject property because of the Go1 Course. 2) The variance is necessary for the preservati,on - -and enjoyment of a substantial prop'erty right possessed'by other property in the s'ame vicinity and zone but which would otherwise be 'denied to the property in question'because: a) Other homes in the area enjoy an unrestricted view of the Golf Course. b) If a m-inimum setback -for the rear yard was imposed, views to 'the Golf Course would be partially blocked by'existing structures; c) The subject house, constructed at the 13-,foot setback would not block the, view of the neighboring properties; whereas if such a. house were built at the 20-foot setback as. re- quired by the Ordinance, the subject.house's view would'be blocked by the surrounding proper- ties. d) Because of the unique.circumstances of the present noncomforming setback of the house to the south, and the unique relationship'of the subject lot to the view of the Golf Course, the best.lot/house relationship to preserve this view- shed would be for a reduced rear yard setback. 34- The granting of such variance will not be materially detrimental to the public welfare or . injurious to th.e property or improvements in the vicinity and zone in which the property is located because: a). Other' homes backing onto the Golf Course in the area have less than a 20-foot rear yard setback and no negative impacts have aris.en. 'b) Because the subject property abuts a Golf Course at the rear, less than a 20-foot rear yard will not restribt light and air or emer$ency service. 4) The. granting of such variance will not,.adverse- ly affect the comprehensive General. Plan because: a) Less than a 20-foo3 rear yard setback will not . affe'ct dwelling unit density for the subject location. . Case No. CUP-117, Bank of America, .Continental Services 'Company - Request to allow a temporary bank building (mobile Unit) for the purpose of' conducting a bank'ing business, pending' completion of a permanent facility. 'Comm.issioner Fikes sa'id he must abstain from this . of America. item because,of fiscal connection with the Bank Chairman L'Heureux explained that this would leave only 3 Planning Commissioners available to vote and City -0rdin.ance requires a minimum of 4 affirmative votes to'approve hearing items; there- fore this item would automatically be continued to April 28., 1976. Mr. Robert Mi 1 ler, owner of the property, and Mr. Larry Goddard. of Continental Services Co., ' the applicant, were present. .Cha.irman L'Heureuxa explained that the application will be contin:ued to April 28, 1976. The applicants indicafed they understood and would be present at the April 28, 1976 meeting. A minute-motion was made to continue CUP-117 to the public hearing on April 28, 1976. \ _. lotion \yes ibsent ibstain K CITY OF 'CARLSbAD MEETING OF: PLANNING .COMMISSION DATE : April 14, 1976 TIME: 7:30 P.M. ' PLACE: COUNCIL CHAMBERS . .. Page- 4 'NEW BUSINESS Resolution of Intention No. 125 for ZCA-79 -to .hob a' Public Hearing to consider recommen.ding to City. Council a change in the.zoning Ordina'nce to allow additional freestanding. signs in commercial zon'es. A motion was 'made and approved for Resolution of Intention No. 125 as submitted. Resolution of Intention No. 127 for ZCA-80 - to holc a Public Hearing to consider recommeading to City Council ,an Amendment to the Planned Community Zone District (P-C) Regulation (ZCA.-80). '. A'motion was made and.approved. for Resolution of Intention. No. 127. MISCELLANEOUS Approved Workshop on 4/22/76 to discuss revision to the Planned Community (P-C) Zone (ZCA-80); and' to,discuss a Zone Code Amendment providing for Pra:nned Unit Development in all zones (ZCA-64). 7:30 P.M.. . Approved ,La Costa F-ield Trip Date for April. 24, 197e starting at 9.:00 a.m. from City Hall; however, Stafl to check with Watson and Dominguez to see if they ar.e avai.lable. If not, another date will be chosen on 4/22/76. ADJOURNMENT The meeting was adjourned' at 9:30 p.m. . .. .. - /bp:cpl (4/22/76) .. .. . Motion Ayes Absent Motion Ayes Absent ..