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HomeMy WebLinkAbout1957-11-12; Planning Commission; MinutesMINUTES OF REGULAR MEETING OF'CARLSBAD PLANNING C.OMMISSIGN - November 12, 1957 1- The meeting was called to order at 7:30 P.M. by Chairman Baum- gartner. Present besides the Chairman were Commissioners Fennel, Jarvie, Yourell, Engelmann and Stringer; C.ity Engineer Kubota, Gordon Whihall. Absent, Commissioner Swirsky. Secretary Ergald. City Manager Nelson and Planning Consultant 2- Cmn. Stringx moved that the minutes of October 29, 1957 be motion carried. approved as submitted. Seconded by Comm. Yourell. All ayes, 3- HEARING - Reclassification of property South of Chestnut, West of &e Freeway, North of Magnolia and'tlrest of Roosevelt. Notice of heanne was read. There was no wri\ten correspondence. It was to canvas this area, and that they had kund no property owner that pointedy out by the Commission that a wmmittee had been appointed was not in favor of this change of zone, and many of the parcels that Resolution No. 41 be adopted, recommending to the City Council already have more than one house on a lot. Comm. Fennel moved that this are,% be rezoned from R-l to Zone R-2 in order to expand the area to conform with the surrounding area, and that it would not be detrimental to any of the surrounding area, Seconded by Comm. Stringer,. AI1 ayes. Comm. Swirsky absent. Sesolution No. 41 adopted. 4- HEARING - Precise Plan for Spruce Street. Not:ce of hearing was read, MRS. J. P. BOYD, 1338 Forest Avenue, presented adrawing showing hmheenine of the Spruce Street would iffect their aropertv. Mrs. Boyd Fointkd out t&t i€ Spruce Street were extendk and widened that it would take in part of their driveway, they would ncb have con- venient acce 5s to their property, and would cause their pr'yerty to be damaged. Wrs. Boyd further stated that she felt the widen1.g and extension of Spruce Street would certainly be a tremendous e:uense, and they had no objection to the paving of the upper part of the ytreet, but it was thz widening of the street that concerned them. The precise plan was presented to the Commission for their revie 7, It was pointed out that Mr. Geissinger had offered to dedicate his portion of th-. street. and had requested a precise plan of this area. MR. GEISSIITGER, 1430 Forest Avenue, stated they wanted to build their home here in Carlsbad. and were ready to proceed with the building if tbcy could obtain a permit. It was their understanding that if they vrould dedicate and pave their portion of the street they would be given a building permit. Mr. Geissinger informed the Commission they did not wish to harm anyone and hoped that favor- able consideratiorf would be given their request. MR. VAN BYJSK d$ Forest Avenue, stated that he owned a large parcel of lar..d and at a later date he wished to divide %.his land into the Commis:;ion's attitude of his request €or this division of property. four parcels, and his attitude towards this precise plan hinged upon this parcel cf land that he would be willing to dedicate his portion of Mr. Van Busken further s*&ted that if he would be allowed to split the street,. Mr. Rhitnall pointed out that the pnrpose of this precise plan was to firmly establish the detail6 and location of the street and to selve notice on ulc adjoining property owners of the requirements of the City in acco~dance with the detailed plan. The Commission asked how the Boyd's would be affected. The Engineer the street, but if the street is opened on the west that they would have stated that there would be a drop in the elevation on the weat side of better acces 3 to their property. After considerable discussion Comm. Fennel moved that Resolution No. 42 be adopted, recommending to the City Cou;1cil the adoption of Precise Plan #2, said plan being for Spruce Street. Seconded by Comm. Jarvie. All ayes, Comm. Swirsky absent. Resolution No, 42 adopted. 5- Offer by Wornan's Club to City of cash and property for a community -6e Secretary informed the fommission that an offer had $4,000 lot, l.owsrds a community building, and the Council had asked been made by the Wornan's Club of $25,000, $21,000 cash and a that the Pianniag Commission consider an over-all plan for a civic cm'ier to inc iude a community building. EjIr . Whitnall stated that he had met with Mrs. Sueon that after noon and the Woman's Club had very definite ideas in relation to this community building and what it should consist. If. In considering a plan €or the Civic Center Mr. the genera2 lxation, definition of exact boundary, design of the area Whitnall siatxl that the Commission should take into consideration so as to acccmmodate all civic buildings and the community building. MRS. SUTTCN, a member of the Woman's Club Building Committee. the federated Women's Club, and in order to compete in this contest stated that ttic?Voman's CLub had entered a nation-wide contest among that an agreement would have to be drawn up and consummated by the steps that had been taken towards this project and they proposed to 1st of March, 1950. They would have to provide a scrap book of the in this project. draw in the other clubs and groups in the community to participate A€ter considerable discussion Comm. Fennel moved that this matter be divided into three parts (1) that as soon as tbe comprehensive MaEter Plan is i:eceived by the City that this project be the first to -2 - 6- be considered, (2) that the City Attorney and City Manager be requested to irrquire into legal and administrative subjects that could be certified 2nd resolved in order to assist the VJoman's Club in 'iheir planiaing3 (3) and that the Planning C.onsultant be directed to immediateiy submit a memorandum in which would be identified every conce:.vable consideration as to what might comprise this community building. Seconded by Comm. Engelmann. All ayes, members of the Woman's C.lub present and the Commission com- Comm. Swi3,sky absent. Motion carried. There were several mended thexn on their participation in such a worthy project. Chase - Ebright Land Use Problem. The Secretary i3fo::med the several weeks ago a request had been made t.w Mr. tin=$ the Cornmission had requested an opinion from the City Attorney Kurner for €he ahtement of a non-&forming land UE~, akd at that as to tho psocedure of this abatement. He stated that the opinion had the rnember.3 of the Commission, Mr. Kurner. Mr. Ebright and Mr. been received from the City Attorney and a copy had been sent to all Chase. NIX. EBXIG:3T, stated that when this matter had come up before the yard could h2 in conjunction with an office, and that it was not their Council som-ontbs ago, it was agreed by the C.ouncl1 that a storage undershn.dir:g that they had to secure a new permit for this building; ir. their minds that they would be granted a reasonable period of time when the zou.inS ordinance was put into effect there was no queGtion the Plamxinz Commission had two choices in which to abate this noh- in which to r2o-x this busioess; that in the opinion of tie City Attorney confo~ming nsc, and he felt in all fai~ness the C.ommission should consi6?er the abatement u&kr Section 1704 ole Ordinance No. 9060. conforming building wzs the only coiicesn of the Planning Commission, Chairman I):tamgartner pointed out that the non-conforming use of the and not tb.e r..on-conEosming use of land* The Cha?rmm declared a short recess. The w-eeting was reconvened at 9:31 P-hT., PJ~. Whitnall stated that the land use is tied in with the non-conforming' hailding use, trc tX5TZi?~-h~iidiq znd his coz1tractiag busincss into one package for MR. CHAFZ, stated that it was imperative to them- that the Commission the rea,s?o:l tim.i. :;rL..en you abate the build.iag you are abating .the entire paclr.sze. >IC Celt tht the City Attorney laad failed to ccarrhine all of the factors in gi;--i:::g his opinion. IG~R? was c,xcidcz:ablo discussion a.s to Yae iarkerpredatiaa of the City izhrxed tizc c....~~mmi~sisz~ 'cht the>- h;x? reque,$'ier! the Cibg .Attorney -7"- "I .. i','ktOr?ic57:'S :>G?.lZ'J ?I.. ~~...,ei.c-,~~2si~-rable di~5CllS.6iOi3 <:OlYCt'll. ~n*gC?~lll2XXl ... ... L .. to give his opinion as to the procedure €or an abatement and he did not feel that there shouLd be any discussion as to the interpretation; that Mr. Chase i-, in the contracting business and he should be considered, and DIr. Kurner would like DG have the building abated, and that if the parties were given three ydai*s in which to abate this bnilding that all asked Mr. V&itnall his opinion of the City Attoriwqr's interpretation of parties would be considered. Some of the members of ibe C.ommission the procedure for abatement. He stated that he could find no flaw in the opinion handed down. He further stated th8t the Commission had tb.e problem of combining the two non-confoxning uses in order that they would c#.,iilcide, as the non-conforming use of lrnd had ra life expectancy of one year and the non-conforming use of a conforming the Commission that he would be glad to meet with the City Attorney building had a life erpectan'cy of three years. Mr. Slrhitnall informed and the City Manager before the next meeting of Nov. ZBth, and perhaps combine their view points. Comm. Engelmann stated that the Com- missioa is a-vare that there are several cases of non-conforming uses novcmber 26% between the City Manager, City Attorney and M r. and moved that a consultation be directed before the neA meeting of Whib.a!l. Seconded by Mr. Yourell. All ayes, Comm. Swirsky absent. Motion carried. 7- Trailer Park Ordinance revision. Mr. Whitnall informed the Com- mission that KThad a revised 'Trailer Park Ordinance which he would submit at the next meeting. 6- A letter addressed to the Mayor was read, wherein C.ommissioner Yourell submitted his resignation from the Planning Commission as he felt a Corrlmissioner should be present at each meeting and after mould not be able 'io attend the meetings. He asked that his resigna- January 1st he would be away for a considerable length of time and tion become tzffective as soon as possible. The Commission ex- pressed their appreciation for the valuable service lMre 'Yourell had rendered, and expressed their regret that his resignation was necessary. 9- Cm3.m. Jarv:.e moved that the meeting be adjourned. Seconded by I- 'LOEU~. Engelmaim. The meeting was adjourned at 10;20 P.M. Respectfully submitted, M. 0. ITVJALD Secre'iary A