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HomeMy WebLinkAbout1954-06-28; Planning Commission; MinutesMINUTES OF MEETING OF CARLSBAD PJANNQG aOMMISSION 28. 1_9.5_Llr Meeting was called to order at 7:05 by Chairman Cockrill. Present beaides the Chairman were Comms. Stringer, Smith, Gronseth, Baumgartner, Ledgerwood, Public Works Director Anthony. Absent, Comm. Garcia. Comm. Gronseth moved that reading of the minutes of the meeting of June 14th be waived. Seconded by Comm. Baumgartner, All ayes, motion carried. Public Works Dipector Anthony reported that the Awalt Dance Studio on Carlsbad Boulevard had asked permission to put out an A-type sidewalk sign advertising their business, to be set out daily at 3:30 P, PI. and taken in at their closing time. No action was taken by the C omission as it was felt Mr. Anthony could handle the matter, The question of spacing of hearings was discussed, and it was agreed that hereafter hearings should be set 15 minutes apart in ordinary cases where no great controversy is anticipated. Mr. Paul Swirsky, Jr., an attorney appearing on behalf of Mr. W. D. Cannon, subdivider of Terramar Unit f4, asked for action by the Plan- ning Commission regarding whether curbs would be required along Carlsbad Boulevamd in said subdivision. He contended that since Carlsbad Boule- vard (then Highway 101) was at the time of approval of the tentative map on July 13, Ips, under the control of the State Division of Highways, no such construction could be required by the City of Carlsbad. He stat- ed that it was Mr. Cannon's intention to install curbs on all interior streets. He stated thag curbs were not required by the County on the highway in Terramar Units #1 and f2, as there was no problem of drainage, and that this is also true in Terramar #4, Mr. Freeland of Freeland, Peterson and Evenson, engineer who drew the subdivision plans, stated that it was their understanding and their office records indicate that no improvements were required on Highway 101. He explained that an indi- vidual is not allowed to make any improvements on a State Highway unless he first submits plans and speclfications and applies for permission from th? State; the exception being that *here additional right-of-way is ob- tained for access roads, improvements may be made thereon. There was considerable discussion on the question, during which it was brought out -1- that the City's problem is that there are already two subdivisions, and now a third, with no curbs or gutters on Carlsbad Boulevard. The possl- bility of installing curbs and gutters through means of a Public Improve- ment District was discussed briefly. It was felt by the Commission thEt the question of whether construction of curbs could be required on a State-owned highway is a legal one, Cornm, Gronseth moved that curbs be required on Carlsbad Boulevard and on interior streets in Terramar #4, the location of said curbs on Carlsbad Boulevard to be designated by the Director of Public Works; all subject to clarification by the City At- torney. Seconded by Comma Smith. Five ayes, one nay (Baungartner) , motion carried. Secretary Baumgartaer read a petition of the Church of Christ, sipbd by Trustees James H, PI'IoKaig, W. P. Capps, and John A, McKaig, for special use permit to allow construction of a Church building on property de- scribed as a portion of Tract 115, Carlsbad Lands, located at the north- east corner of Oak Avenue and Pi0 Pic0 Drive. Also read was a letter siped by the Trustees outlinfng plans to purchase and build. on said property if said special use permit is granted, Claud Fennel and said Trustees weee present qnd explained plans for off-street parking, etc. Comm. Stringer moved that a hearing be set on the application of the Church of Christ for special use permit to allow construction of a church building on property at the northeast corner of Oak Avenue and Pi0 Pic0 Drive, in an R-1 zone. Seconded by Comm, Gronseth, All ayes, motion car- ried, Secretary Baumgartner read Notice of Public Hearing on the applica- tion of Roger A. Dawson, James D. Dawson, and Nildred D, Dawson for vari- ance to perrnit reduction in north and south side yard setback from ten feet to five feet, on property desoribed as a portion of Lot 25, Patter- son's Addition, located at 3218 Highland Drive in an E-1 zone. There were no oral or written protests, Secretary Baumgartner reviewed a letter of consent signed by Mr. and IvIrs. Qhomas 0. Hammond, Mrs. Evelyn Pace, Mr. and Mrs. Ken Zbright, 0. A. Schultz, and Mr. and IJIrs, J. Lo Duncan. After discussion, Comm. Gronseth moved that since no prote.sts were re- ceived and consent of neighbors was indicated in writing, a recommendation be made to the City Comcil that the request of Roger A, Dawson, James Do -2 - __~ - ~~~~ .. ~~ ~ Dawson, and 14ildred D, Dawson- for variance in side yard qetback be granted. Seconded by Comm, Smith. All ayes, motion carried. Secretzry Baumgartner read Notice of Public Hearing on the request of Ramon Yrineo, 3120 Madison Street, for reduction in rear yard setback from 25 feet to 15 feet. No protests, oral or written, were received, Mr. Yrineo was present in support of his petition. After discussion, Comm, Stringer moved that we recommend to the City Council the approval of the request of Ramon Yrineo, 3120 IVIadison Street, for reduction in rem yard setback, in view of the fact that no protests were received and the applicant has been very co-operative with the City in agreeing to Seoretary Baumgartner read Notice of Public gearing on the applica- tion of Helen Keithe, owner, and Brilhart Musical Instrument Compmy, lessee, and the Carlsbad City Plmning Commission, for reclassification from S;-3 and C-1 to C-2 of the area bounded on the north by the first alley south of Elm Avenue and the north property line of Lot 21, Block 33, Carlsbad Townsite; on the east, by the west side of Ibosevelt Street, an the south by the north side of Oak Avenue, and on the west by the center-line of the Atchiscm,Topeka Lk Santa Fe Railroad right-of-way. There were no protests, oral or written. Corn. Gronseth moved that the Planning Commission reoornmend to the City Council the approval of the application of Helen Keithe, Brilhart Musical Instrument Company, and the Carlsbad City Planning Commission for reclassification from R-3 and C-1 to C-2 of the property described in the Notice of Public Heering. Second- ed by Comm. Ledgerwood. All ayes, motion carried, Comm, Gronseth was asked to represent the Planning Cornnission at the next Council meeting on July 6th. Secret&y Baumgartner read n letter from Sampson Advertising Coma pany advising that due to reduced revenue from the sign on City property west of Carlsbad Boulevard on the site of the sewage disposal plant I they would be unable to pay $40.00 per year rental on the sign but would offer $25.00, payable in advance. This letter was referred to the Planning -3 - c After considerable discussion, Comm, Gronseth moved that the City Council be asked to communicate with the applicant, advising him that the sign is illegally placed, es the property was owned by the Sanitary District and applicant had no permission from the District to erect such sign and had been instructed by the owner to remove the sign, which was not done; that in view of this fact the City Council should require the applicant to ap- ply for a special u se permit if they wish to continue such use of the property. Seconded by Corn, Baumgartner, Comm. Baumgartner commented that it boils down to the fact that the City should be treated the same as an individual; that if they wish to use their land for such purpose they should go through the regular chmnels, Cornm. Gronseth stated he was opposed to any sign that dows not advertise a Carlsbad business, but others felt that such a policy would be discriminatory, Vote on the mo- tion: all ayes, motion carried, After further discussion on the subject, Comm, Smith moved that in response to the request of the City Council for a recommendation of policy in connection with the use of City property for the erection of signs, it is recommended that City property be considered in the same category as private property in this connection, and that anyone making applica- tion for use of City property not specifically permitted by existing regu- lations shall make application for a special use permit. Seconded by Comm, Gronseth. All ayes, motion carried. There being no further business to come before the Commission, Comm, Gronseth moved for adjournment, seconded by Codm, Smith, All ayes, meet- ing adjourned at 9:OO Po 14. Respectfully submitted, HOWARD BAUMGARTNEB, Secretary V