HomeMy WebLinkAbout1952-08-21; Planning Commission; MinutesMINUTES OF SPECIAL MEETING OF CARLSBAD PLANNING COMMISSION, AUC. 21, 195 2
I"""""""-""
-
Meeting called to order by Chairman Robert Sutton at 7:lO p. m. in
the Oiler's Room, Twin Inns. Members present besides Chairman Sutton,
Arnie Stringer, Tom S. Acuna, I. W, Gronseth, J. B, Bond, C. D, Mc-
Clallan, Sitting in in an advisory capacity, Allan 0, Kelly.
Minutes of tho meeting of August 14th were read by acting Secre-
tary Cronseth. With one minor correction (substituting the name '%ren"
for "Rsnedale") they stood approved as read,
Mr. Bond moved that the Planning Commission as now constituted
ratify all previous acts of the Commission, Arnie Stringer seconded,
All ayes, no noes, motion carried,
Chairman Sutton reviewed the application of Andrew Barone of
Route #2, Box #2674, Carlsbad, for variance in side yard setback on
property on Elmwood Avenue south of Highland Drive intersection, He
stated that 31 property owners within the legal distance of 300 feet
had been notified by postcard of the hearing set for this date, Appear-
ing to protest granting of the variance were Olive M, Lile and .
Lile, owners of property directly north, on the grounds that the Barone
house, if completed on the present forms, would overlook one corner of
the Lile lot, After a lengthy discussion, the Commission ruled that
this was an architectural rather than a setback problem, over which the
Planning Commission has no control, and Mr. Lile withdrew his protest.
Mr. &rone reported that he had had a survey made during the week,
which established that the actual setback required was 7 feet 2 inches
on the north and 8 feet 9 inches on the south. Mr. Barone stated that
at time of applying for the building permit, Mrs. Barone presented
plans showing the actual sideline setback of the proposed building,
and either was not informed or did not understand that a setback of
10 feet on each side was required. Mr, Barone satisfied the Commission
that this situation arose from an honest mistake, and that rejection
of his request would work a severe hardship on him.
(I
Mr. Acuna moved that a recomtnendation be made to the City Council
that the request of Andrew Barone for variance in side yard setback
to 7 feet 2 inches on the north and 8 feet 9 inches on the south, be
-1-
W
- granted, Seconded by Mr, Bond, Five ayes, no noes, Col, Gronseth
not voting. Motion carried. Mr. Barone was requested to pay the
$10.00 fee into the City Clerk's office by 5 o'clock Tuesday,
August 26th,
Chairman Sutton read a letter from Mr. Ronald E. Loomer of 3133
Lincoln Street, Carlsbad, requesting a variance in rear yard setback
on his property at that address, for the erection of a 3-car garage
with apartment above, Mr. McClellan pointed out that the maximum
variance possible for the Commission to grant is 50%, which in this
case would be 124 feet, Chairman Sutton stated that a formal appli-
cation for variance should be filed, on which the Commission could
act. City Attorney Smith stated that applications on variances should
be made to the Planning Commission, and for change of zoning to the
City Council, and was asked by Chairman Sutton to explain the procedure
in both cases to Mr. Robert Garland with the request that it be print-
ed in the Carlsbad Journal for the information of the public, Mr.
Loorner was advised to file a foml application for variance, together
with the required fee, with the City Clerk.
Donald Prest was recognized and made a complaint against the op-
eration of a manufacturing plant by Mr, Briggs on Park Drive, in vio-
lation of the? zoning' ordinance, stating that such violation was not
only a distinct nuisance to nearby residents, disturbing their sleep,
etc., but also tended to deteriorate the value of property in the
area, City Attorney Smith explained that since these Operations were
begun before incorporation of the city and had continued throughout
the period immediately following the incorporation, when county ordin-
ances became inoperative, and before the c.ity ordinances were set up,
they could not now be called illegal, He stated that if such opera-
tions were ~6soan~iriued..fof..!a time and than an attempt were made to
resume, or if any attempt were made to expand the size of the building
or operations, a violation could be declared,
Mr. McClellan suggested that a conference between Mr. Briggs and
the neighbors who are disturbed and financially hurt by his operations
might bring about a solution of the problem. City Attorney Smith
suggested that if Mr, Rriggs should approach the City Council. on the
subject of setting up an M-1 zone into which he could move his manu-
-2-
facturing business, the problem might be solved,
Col, Gronseth stated he would like to make a recommendation that
such a zone be set up, starting south from Oak Avenue, west of Roose-
velt Street to the Santa Fe tracks, and south to the Agua Hedionda,
Father Anthony Kaspar was present and stated that he would like
to make an application for change of zone or temporary permit to allow
use of certain Church property for business purposes. The property,
situated on the west side of Harding Street between Oak and Elm Avenues,
is now zoned R-2. Mr, and Mrs. Wren, who had made an offer on the
property contingent on permission being granted for commercial use of
the building, were present and outlined plans for establishing a sand-
wich and pie shop for the duration of the freeway construction, and
later build on the site, Chairman Sutton outlined the. procedure for
zone change and stated that it would take a minimum of six weeks for
zone change and at least three weeks for granting of a temporary per-
mit. Nr. Wren s.tated the latter would not serve his purpose, and that
the matter was too urgent to allow of a six-weeks' delay,
Chairman Sutton reviewed the Irving Cummings application for zone
change, which was tabled at last week's meeting for one week, After
discussion, it was decided to include the entire arqback to the R-2
boundary in the rezoning. Arnie Stringer moved that a hearing be set
for September 12th, at 7 pe m,, in the Oilers' Room, on the request of
Irving Cummings for zone change from E-2 to R-2 on property described
as a portion of Tract 236 of Thum Lands lying westerly of California
Division of Highways? freeway right of way; and to include in said
zone change, upon initiation of the Planning ?-omission, all property
bounded by the Preeway, Santa Fe tracks, Tamarack and Magnolia Streets
not owned by Irving i'wnmings. Seconded by Mr. hcuna, Five ayes, no
noes, Mr. McClellan not voting, Motion carriedo Acting Secretary
Gronseth was directed to ask Col. Hagen, City Clerk, to notify Mr.
Irving clunmi.ngs, Box j$.02, Carlsbad, to post 8 deposit of $25.00 priori
to September 12th.
:q
There being no further business to come before the meeting, Col,
Gronseth moved for adjournment, Mr, Bond seconded. A11 ayes, meeting
adjourned,