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HomeMy WebLinkAbout1957-06-11; Planning Commission; MinutesJune 11, 1957 Meeting called to order at 7805 P. M. by Chairman Swirsky. Present besides the Chairman were Commissioners Fennel, Jarvie, Baumgartner, Yourell, Stringer, Engelmann; Planning Secretary Ewald, City Manager Nelson, Planning Consultant Kalicka, City Engineer Kubota. Comm. Stringer moved that minutes of the meeting of May 28th be approved, with correction of spelling of Mr. Fennel's name. Seconded by Comm. Fennel, All ayes, motion carried. HSARING - SAWYERS - RECLASSIFICATION, This matter, deferred from the meeting of May Uth, was resumed with the reading of excerpt from minutes of meeting of May 14th re: the Sawyers application for reclassification from R-3 Poten- tial to R-3 of property fronting Pi0 Pic0 from the south side of Elm Avenue, to the north side of Chinquapin Avenue. Comm. Stringer reported that appli- cants and petitioners were all given copies of the rules and regulations re: precise plans and advised that if they had any questions and wished further discussion a meeting would be called, but that no requests for a meeting were received. Secretary Ewald reviewed letter of consent dated May 28th, signed by owners of the property involved. No precise plans for the area were sub- mitted, due to the fact that prospects for sale of the Sawyers parcel had been lost for the time being, and Mrs. Sawyers asked for return of the $50.00 filing fee unless it could be considered the total application fee for the entire area described in the application, rather than an individual fee for their parcel, She explained that all owners had contributed toward the $50,00 fee with the understanding that it was a blanket proposition covering the entire area, FRANK Bo SMITH, 1042 Chestnut, reminded the Commission that he had turned in a letter of protest bearing signatures of 100% of the owners on Eureka Place, C. E. TUCK, 3374 Eureka Place, asked about the possibility of the City buy- ing the land adjoining Holiday Park, between Eureka and pi0 pica, for expan- sion of the park, and was advised that the Planning Consultant has so recom- mended on the Master Park Plan. The hearing was closed at 7:20 P. M. Chairmon Swirsky gave a brief explana- tion of R-3 Potential zoning and the process of rezoning to R-3 upon submis- sion of precise plans, Applicants were advised that the ordinance prohibits refund of an application fee, and were asked whether they would be agreeable to a continuation of the hearing to a later meeting, allowing the $50.00 fee to stand, until precise plans could be submitted and consideration of the ap- plication resumed, They agreed to the deferment. Corm. Stringer moved that the Planning Commission continue the hearing on the application of W. A, Sawyers for rezoning of property along Pi0 Pico, for an indefinite period un- til applicants are ready with a precise plan a Seconded by Comm, Fennel. Mr. Kalicka asked that it be made clear that each parcel does not have to be filed separately but each building application would require separate review. Vote on the motion: all ayes, no nays, motion carried. In answer to a question, Mr. Frank Smith was advised that notice will be re- published at time of resuming the hearing and the precise plan will be on file at the City Hall AMENDMENT - ORD. 9060 - KEEPING OF HORSES. Chairman Swirsky opened the hear- ing and invited comments from the audience. L * DR. Lo He FAIRCHILD, 2792 Highland Drive, spoke at some length rei health aspects of keeping horses, quoting statitics on fly breeding indidating that if manure is removed from stables and corrals weekly no fly menace will result. He stated the present ordinance is adequate and very similar to others in the County. DR. PACE, 3271 Highland, stated that in his opinion keeping horses involves no health menace - that the only disease horses and humans have in common is encephalitis and both species contract it from the same source, mosquitoes, and not from each other. He felt children having the responsibility and pleasure of owning a horse are less likely to become juvenile delinquents. TO THOMPSON, 4027 Skyline, reiterated one of his former objections to the ordinance - that it does not specify the distance from property line a corral mu& be. MRS. J. R. EINAM, 3820 Monroe, objected strongly to any change in the ordin- ance, stating Oceansidels ordinance requires a distance of 35' from a dwell- ing and 251 back from the street and contains no restriction as to square footage or distance from property line. She commented that horses do a bet- ter job of keeping weeds down than some people, build character and develop responsibility in children owning and caring for them. After a +minute recess, the Planning Commission was reconvened at 8:07 P. M. JOHN WILTERDING, 4040 Sunnyhill, objected to the 61 from property line re- striction from the standpoint of the extra work and expense and the fact that the 6' corridor would grow up in weeds, explaining that 3' is better because a horse can keep that cleaned off. " MRS. THOMPSON, 4027 Skyline, protested that horses deface and devaluate resi- dential property. L. F. PRICE, 3809 Highland, protested any change in the ordinance, pointing out that he had bought an older house so he could. keep a horse. GEORGE WADE, 4050 Sunnyhill, adjoining the Wilterding property, stated he has noticed no odor or flies from their stable. MRS. MACHADO, 1811 Basswood, protested any change in the ordinance. The publfc hearing was closed at 8 :17 P. M. Chairman Swirsky reviewed the present provisions of the ordinance re: keeping of horses, and the proposed changes, and asked Commissioners to express their comments. Comms. Stringer, Yourell, and Engelmann expressed dissatisfaction with the 6' restriction, Stringer and Yourell feeling that any amendment to the ordinance should be by proper application accompanied by the required fee. Comm. Baumgartner felt the problem was essentially one of more stringent en- forcement of present sanitation and health standards, with which Comm. Engel- mann agreed. Comm. Fennel stated he was in favor of amending the ordinance as proposed. Comm. Jarvie refreshed the Commission's memory from the committee report and stated he wished to go along on the amendment as proposed. -2- Comm. Jarvie moved adoption of Resolution recommending amendment of Ordinance #9060, Section 500, to provide that no horse shall be kept on a residential lot containing less than 15,000 square feet; that no stable or corral shall be less than 50 feet from any dwelling or within 6 feet of any property line. During discussion on the motion, Comm. Stringer reminded the Commission that the Committee report recommended the first two points but not the 6-foot setback from property line. Vote on the motion: ayes, Comms. Jarvie, Fennel, Baumgartner; nays, Comms. Swirsky, Yourell, Stringer, Engel- mann. Motion failed to carry, 3-4. Mr. Kalicka pointed out that to Clem the record it would be necessary to have a motion to deny the proposed amendment as advertised. Comm. Yourell moved that the Commission deny the proposed amendment to Ordinance #go60 as advertised, Seconded by Comm. Stringer. Ayes, Comms. Swirsky, Yourell, Stringer, Engelmann; nays, Comms. Fennel, Jarvie, Baumgartner. Motion car- ried 4-3. After a S-minute recess, the Commission was reconvened at 8:55 P. M, HEARING - CONDITIONAL USE PERMIT - GLISSMAN. Secretary Ewald read Notice of Public Hearing to consider application of A. H. Glissman to permit boat ramp- ing and all uses normal to boat landings, parking and recreation area on a portion of Lot 2 and all of Lots 3, 4, and 5, Block , Bella Vista, to per- mit said use of the property until proper zoning can be established, There were no oral or written objections, and applicant was present in support of his petition, explaining that this is a renewal of an earlier permit, and that although there are several ownerships involved, he holds 2-year leases on all parcels not owned by him, Comm. Stringer moved approval of the application of A, H, Glissman for conditional use permit as advertised, subject to the con- ditions set forth in the original conditional use permit issued Mr. Glissman. Seconded by Comm. Yourell, Seven ayes, no nays, motion carried, HEISLER ESTATES SUBDIVISION. Commissioners reviewed a revised map submitted by the subdivider, and Secretary Ewald read recommendations of the City En- gineering Department, Carlsbad Mutual Water Company, County Public Health Department, Fire Department, and Subdivision Committee . Corn. Fennel asked re: a lot appearing to have less than minimum footage, and Mr. Kalicka stated all lots will have to be brought into conformity with the ordinance require- ments; and also suggested that the clause re: dedication of barrier strip be given the standing wording, Re: drainage, the City Engineer stated drainage will flow to Adams as at present and in his opinion will not present any particular problem or danger to homes on the west side of Adams. MR. ROBERTS, 3257 Adams, who protested the original map, after inspection of the revised map withdrew any objection. Mr. Kalicka reminded the Commission of the policy established by the Council there where a subdivision fronts an existing street and grades could be es- tablished, the subdivider would be required to put in curbs and gutters, and suggested that approval of the map should be subject to this policy. Re: requirement of "G" type curbs along Adams to Chestnut, it was pointed out that two lots fronting on Adams are not included in the subdivision, and Mr. Dresselhaus, engineer for the subdivider, requested that these two lots be excluded from the curb and gutter requirement. Chairman Swirsky asked re: a turn-around at the subdivision boundary, but Mr. Kalicka stated that in view -3- of the short distance from the cul-de-sac on Heisler Lane, he felt no traffic situatbn would be created. There was a brief discussion as to whether the entire street should bear the name of Heisler Lane, or whether the short street entering from Basswood would be considered an extension of McKinley, but it was felt this detail could be ironed out satisfactarily. Comm. Stringer moved that Resolution # be adopted recommending to the City Council the acceptance of the tentative map of HEISLER ESTATES as sub- mitted, in accordance with the recommendations of the Fire Department, County Public Health Department, Carlsbad Mutual Water Company, and City Engineer; that the question of curbs and gutters in front of Lots 3 and 4 be left up to the discretion of the City Engineer; that all lot sizes and areas comply with the City Subdivision Ordinance; and that the wording on the dedication of the barrier strip conform to the wording of the ordinance. Seconded by Corn. Pourell. Six ayes, one nay (Swirsky, objecting to provision re: Lots 3 and 4) Resolution adopted. Secretary Ewald read a letter from Alma Haylings, 4015 Park Drive, requesting early adoption of precise plan for area south of Valley Street. Comenting on same, Mr, Kalicka stated that precise plans will come with demand, rather than on any set pattern or time table. The Secretary was requested to reply to the letter. I@. Kubota asked re: possibility of an amendment to the ordinance or setting up of an administrative procedure allowing a subdivider to build model homes prior to certification of the final map, with the provision that he be given no final clearance for occupancy until final acceptance of the map. Mr. Ka- licka stated he will work out some recommendations. Upon agreement, discussion of curb design and street cross-sections, saheduled for this meeting, was postponed to the June 25th meeting. The matter of extension of R-2 zoning south of Blocks 43 and 44, Carlsbad Townsite, to Palm Vista, was briefly discussed but it was decided to contact residents of the area as to their feeling toward rezoning. Corns. Yourell and Jarvie were asked to canvass the area and make a report at the next meeting. Chairman Swirsky announced that the reports of the Park and Harbor Commissions re: the Master Park Site Plan have been held up pending receipt of Mr. Patter- son's revised report, and both Commissions will attempt to have their reports in before the meeting of June 25th. Chairman Swirsky reported that a check of the ordinance indicates that meeting time of the Commission is not set therein, but by rules and regulations of the Planning Commission, and can be changed by simple motion to amend the rules. Comm. Baumgartner moved that Rules and Regulations of the Planning Commission be changed to provide a meeting time of 7:30 P. M. instead of 7:OO P. 11. Seconded by Cmn. Stringer. Ayes, Baumgartner, Swirsky, Yourell, Stringer, Eng- elmann'nays, Fennel and Jarvie. Motion carried, 5-2, As to pre-meeting discussion of the agenda, Commissioners agreed that such a procedure may not be desirable. &is. Nelson asked that the Commission consider and make a recommendation re: continuation of curb and paving on application for lot splits. Mr. Kalicka commented that a resolution could be passed recommending that where curb has been install-ed by a subdivider, applicants for lot splits be required to contin- ue the curb and gutter. -4- Corn. Baumgartner brought up the matter of the secrecy surrounding the recent application fqr urgency interim zoning at Vista Way and E1 Camino Real and the speed with which the Commission was required to act on the matter, even though virtually unprepar-ed. His objection was briefly discussed, Mr. Ka- licka stating that due to factors involved in the transaction, the applicants had requested that the matter be kept in confidence until details could be worked out . The meeting was adjourned at 10:17 Po M. v Respectfully submitted, M. 0. EWALD, Secretary -5-