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HomeMy WebLinkAbout1958-12-09; Planning Commission; Minutesc 0 December 0, 1958 1- The meeting was called to order at 7:30 P.M. by Chairman Swirsky, Present besides the Chairman were Commissioners Ebright, Bauqprtner, Fennel, Stringer and Jarvieo Absent Commissioner 'Hayes, 2- Minutes of rJove&er 25 1958 The Commission requested that the minutes be correcte-k: a, On page 4, paragraph 6 (e), bb, Torrest statement should be corrected to read "and takes in a portion of the Ingels property" instead of "all of .the Ingels pmperty". It waa moved by Comlr. Jarvie ad seconded by Comm. Fennel that the minutes of November 25, 1958, be approved as corrected. Six ayes, motion carried, 3- HEARING - Variance. Request of Arthur 7'. and ALary B. Spivey on Lot 11, Tierra del OroI R-1 Zone, 6000 sq. ft. area, for reduction of front ywd set back from 0' to 10' and reduction of side yard set back from 6.1, to 5'0 Notice of hearing was read. The Secretary certified as to the pub- lication of Xotice of Rearing and the mailing of notices to property owners in the area. The Secretary then read the application submitted by the ownes setting forth the reasons for requestiw the variance and the conditions :relative thereto, There wore no mitten pmtests. DR. A. \Ye SPIVEX, 4255 Sunnyhill h. stated that they were requesting permission to build a house to codorm to the othor residences on the s tree to The public hearing 'was closed at 7:35 P.M. It was moved by Comm. Ebright and seconded by Corn, Baumgartner that i.eso1ut ion No. 96 be adopted granting the request of Arthur W, and 1V-y B. Spivey :?or a reduction of side yard set back from 6.1' to 59, and reductio:? of front yard set back from 20t to 100 fbr the following reasons : 1, A precedence has been established in the area as the other houses on the street were built with the same set backs as requested, 2, Granting this variance will not be detrimental to tb public welfare or injurious to property or improvemsnts in the neighborhood as the variance requested coincides with the deed restrictions, Comm, Hayes was present at 7:37 P.E. * 9 4- 5- HEARING - Variance, Notice of hearing w Request of Dora pi, Diaz on Lots 30, 31 and 32 of Block 82, Carlsbad Tomsite, at the INv: corner of Hoosevelt and Pine, Zone R-P, for reduction of front yard set back from 20' to 8'. 'as read, The Secretary certified as to the public a- tion of Notice of Hearing and the miling of notices to property owners in the area. The Secretary then read the application submitted by the owner settln.3 forth the reasons for requesting the varianoe and the conditions relative lhereto. There were no written protests, No one present wished to make any cormonto The public hearing was closed at 7t46 P.14. Considerable discussion was given this matter during aich &so Diaz was questfoned in o.rder to clarify various points with regard to the requested variance. It was determlned that the 3 lots were each 25' wide; a duplex is planned vhfch will be 581 wide so it wfll take up the 3 lots; the building wfll face on Roosevelt; there are several stores or business establishments in the sam block which are built to the curb line on Roosevelt; the othw existing structures in the same block am apprDximatsly E31 to-9' back from the property line; and the exiat;ing structure will bo removed to allow roon for the proposed duplex, It was moved by Coma. %ri@t that Resolution KO, 97 be adopted granting the request of Dora M, 3iaz for a reduction of front yard set back from 20' t2 8' for t27e f0110~ing reasons: 1, A precedense has been established in the area as the other houses on the street were built with the sane set back as reyuostedo 2* GrantinE t'his variance will not be detrhental to the public welfare or injurious to property or improvements in the mighborhood, Comtn, Stringer seco.nded the motion for the following reason: The Chairman asked for a roll call vote. Chairman Swirsky, Commis- sioners Ebright, Ba-mgartner Fennel, Stringer, Hayes and Jarvie voted **yes". Resolution No, 97 adopted, HEARING - Variance, -2- . m 6- Notice of hearing was read. The Secretaq cer-tiflcd as to tfis pub- lication of Notice of Hearing and the mlllng of notices to property owners in the area. The Secretary thon read the application sub- mitted by the owners setting forth the reasons for requesting the variance and the ccmditions relative thereto. There were no written protests. No one present wished to make any comments, The public hearing was closed at at00 P.M. The Chairman pointed out that at the Planniq Comiosion meeting on September 9, 1958, this same vmiance had been granted on lot8 2 and 3 in this block. Discussion was given this matter during; ahich Corn. Fennel stated that granting the vsriance would narrow Carlsbad Blvd. in the area concerned by 10'. 'me Chairman stated that ths hi&way is not being vacated, Corn, Ebr.L&t referred to $he map which shows th property line in this block .is set back 9.18' from the property lines in the blocks to the north aril south, and stated that allowing this varlance would pormit the ap:?licants to build in a line with other buildings on the boulevard. It was moved by Conn~. Jamie and seconded by Cam. Wi&t that Resolution lie. 98 b~ adopted granting the request of Xrs. Robert W. Johnson and Richard K. Church for a reduction of front yard set back from 20' to 10.829 :for the following reasons: . 1- 1. A like var:Lmce has been granted on Lots 2 and 3 in this block. 2, Grantfng this variance will allow bufldirgs on these lot8 to be in line with those in the block to the south, The Chairman ashd ?or a roll call vote. Chairman Swlrsky, Commissioners Ebright, Baum artne.r, Stringer, Hayes and Jarvie voted "Yes"; Cam, Fennel. voted ' a No". R8SOlUtiOn No, 98 adopted. EARINO - Notice of Request of Robert H. and Vivian A. Sonnernan on easterly. 1/2 of Tract 216 of Thum Lands, located at SW corner of Lincoln and Walnut, Zone R-3, for reduction of front yard set back on Lincoln from SO9 to lot, whlch would allow construction on a mne with existing pmpertles on LllncoIn. s read. The Secretary oertif ied as to the publi- cation of Notice-of Hearing and the mailGg of notices to property owners in the areao The Secretary then read the application submitted by the owners se tti:ng forth the reasons for requsstfng the variance and tb condiUons :?elative thereto. There were no written protestsa The Secretary stated that the location of the property as shown on the Agenda is incor:c-ect in that it should read "Lincoln and 'Iialnut" instead of "Lincoln and Chestnut", but that @e Notice of Publication gm9 ,the noti:ces to :?mperty mners gave tb carrect location. The Searetary then stated that Lincoln is an 80' street and that the existing houses at the southerly end of that block are only 10' back from tho property line, so granting this vwinme would allow the applicants to build on Q line v;ith existing structures the block, No one present wishgd to make any commnts. The public hearing was closed at 8t09 P.M. in The Chairman stated that the reason so many exis tin@ hones in the city are only 10' back fron? the property line is because &he County ordinance had required that the set back be 50' from the center line of the street which, under the CiQ ordinance, resulted in the houses being 10t back from the property line on an 80t street. It vas moved by Comm, Feme1 and seconded by Corn. Stringer that Resolution No. 99 b8 adopted granting ths request of Robert He and Vivian Me Sonnerzlan .for a reduction of front yard set back from 20t to 10, for the following reasons: la'. Granting this variance will allow the applicants to have a set back compara'o'Le to other houses in the neighborhood. 7- Request of Qarlsbad Union Church for operation of a Thrift Sho 'phe Secretary state,l that a letter dated ~~ovun'tmr 10, 1958 ha received from Yrs. !ZacConnoll reprdInZ tho operation of a thrift shop in one of the 'mildings of the Vnion Church, and road the lettero IIe then reviomed whst haci taken placo on this matter at the meeting of Xovember 25th, stating tha't; several questions 'had. arisen which could not be resolV3d, so %?s. UacConnell had boon requested, by letter, to have a rf3presentative prssent at this meeting in orBer that a decision could be made as to whether a thrift shop would come within the normal f-mctions of a church, as the Conditionel Use Pernit previously granted does not specifically designate a thrift shop, MRS. JOHN Vi, MAC CO:V?JELL, President, Ladies Union, Carlsbad Union &wch stated, in mswer to various questions posed by the Cormnission, -he ladies of the church had been having to work tremendously hard for their amur11 2-dag rummage sale and , as tb church has tx building available, it was decided that it would be mu& more Con- venient and easier b hold a weeldy rummage sale for whIch all of the mrchmdise wu:Ld be donated; the one type of merchandise that cannot be sold is food as that is perishable, but if any canmd goods are donabed they vr€:ll be given to needy families; having more Frequent sales will help people who need merchandise of this type; the money would p to mlssion~iry projects; they muld not be required to regis- ter with the State 13omd of Equalization; and that it was her under- standing that if th(3 income f'ron the project were below $2500 they -4 would be issued a business licenseJ by the City, but if' it went over that mount, it would be considered a business arrl they would be charged for the licanse,, She further started that $here are 6 circles in the church, md that each circle would be responsiblrs far the operation of the Ux?ift shop fbr 2 mnths'of tb year, with the ladies donatlng th ir time, When asked if thee are other thrift shops in bwn, ?&s. XacConnell stated the Catholic Church has one which sErs understands ia open 2 days a week. She then introduced Mrs. Geissinger who will be the next President of the Ladies Union. Some discussion mas given this mtter, during which Corn, Ebright stated he dld not considor it a prerogative of the Conmission to decide how the church collects its money. Corn. Bamgartner stated he felt it was a normal function of the church. The Chairman rocorp, mended, and corn, S-;ringor nnved, that for the purpose of clarification, the Planning Comission give positive approval of the thrift stlop in that it does not constitute a violation of the Condftional use kcrmit and is within tho xwrmal operation of a church, Corn. Fanel seconded the motion. 7 ayes:, motion carried. 8- .Report of engineer on location of street improvements of C:rlsbad .%ion Church at HarcLing and fine. The Secretary read the engineer's report onbe street improvemnts of tb Carlsbad Union Church, and at the request of Corn. &bright, read the letter from the Church which was first read at the meeting on October 28th. Considerable discussion was given this mattero It was moved by Comm. Ebright and seconded by Corn. Stringer that the Planning Conunission recommrd to the City Gouncil that the location of side walks, curbs, and gutters be approved as recommended in the mer;lorandum from the CiQ fi;ngineer* A recess was declare 5 by the Chairman at 8:45 Y.14, The meeting was reconvened at 9:M) P.kL 9- Joint discussion wfth Board of Trustees, Carlsbad School Districto hngineer's report on proposed school site at Valley and ~~~amolia, DR. JACOBS stated that there wme two points they would likc to dis- CUSSo he was the possi'olo site for a Cmlsbad Junior lii;;h School, and the other was thc possibility of o. comunication line whereby the sckool could be advi:ted when lmgc subdivisions me being p1a:moci so that they can plan accordi.n@y. Regarding th school, he stated Llmt 236 acres were needed and that tb site between iiagnolia, Valley, what will be Tmarackp ant1 the hill just oast of' TIiGhlord was the best location they had found with an equally mall nuclber of houses; that they me aware of tho drainage pmblm in this area; they are now at the stage of making contact with the owners of the properties and hope to be able to hsndle the transactions wi%hout havinG to GO to condemnation actfon; that they have tentative approval of the State 10- 11- DeparWea and requested tentative approval of the Comlssion for the site. Dr. Jacobs then submitted the "Suggested School Planning Scheduletv for the nsxt four yearso The Secretary ubmitted the engineer's report on the tentative site which was read by the Chairman.. Considerable dbcusslon was given b the dralnqe problem in the area which will be a joint pmblem of the City and the school, Dr. Jacobs explained that it was the plan to have the school buildings on the northeast corner of the site there the land is aore level and whese there would probably be less difficulty, The present and proposed streets in the area wore discussed, and Dr. Jacobs stated that the architect and Engineer felt this vas rche best central location that cocld bo found to pick up xost of the walking populat-lon so that there would bo less transportation cost. IIe further stated that an added advantage is that it is ad-jaceat -to the Kagnolia St, School so there is a possibility of using some of tho facilities of that school as they vsoi?lci be fiCC8Ssib18, FAR. GLEm FEIST stated that the school contemplates taking in the property that VI ill become Tamarack which v~ould bo an advantage to the City as they would be dealfw vri th the school rather than in= dividual property owners at such tine as they are ready to GO ahead wlith this street,, DR. JACOBS submitted a statistical survey for the Commission's in.., Pornation; stated that as there were no objections, he supposed the school had tfre tentative approval of the Commission; and that when the plans fnr the new school are complete they ell be submitted for formal approval. ORAL CO?q!MUNICATIONS: There were no oral comunicatlons. 14emarandum from The C3.Q Council - Intention to delete Lampton and Lahlm pmperties f~om Givfc Center Idaster plan, The Secretary read tihe memorandum frora the City council setting forth their intentAon to delete the Lampton and Zahlcr propertles from the Civic Center 1.laster Plan alnd ordorlw the Planning Comisslon to report back to the City Eouncil. The Chairman stated that ths ordinanco doos not require that tb Planning Commission take any furthek action, It was moved by com~, Ebright and seconded by Corn. Fennel that acknowledgment be mide of receipt of tb memorandum from the city Council concerning the deletion of the Lanpton and Zahler properties from the Civic Center Master Flan, and no further action be taken. 7 ayes, motion carried. 12- WRITTEN COI.IXUNICATIONS: -. a. The Secretary stated that the printed supply of Ordlnmce 9060 is practically exhausted; that there is $100 left in the budget for printiw; and the lowest estimate he had been able to obtain wa8 approximately $91. He further stated that this ordinance is in pea* demard by subd€vide:?s contractors and has proven to be very bene- ficial as it helps bhem locate the ri@t kind of building in tlae proper zone. Comm. Bamgartna, asked if a charge is made for the mdinances when req~ested, and the Secretary stated that in the past they have been given out gratus, but it was the wesent intention to start charging for 'them, in which case the money would go to ths ge-neral fund and not the Commission budget. It was moved by Comn. Ebri$It and seconded by corn. Baumgartneu? that the Secretary be directed to have the printing of Ordinance 9060 accomplished. Coxnm. Stringer stated that he would like to mend the motion to the effect that a charge of $1.00 each be made for copies of the ordlnance. T3e amendment died for lack of' a second. The Chairman called for a voto on %e notion on the floor. 7 ayes, motion camled. b. Tbe Secrettrry stated that a matter had been brought up after the previous meeting was adjourned in roprd to item 6 of tb ninutes of October 28, 1958, at which time it was requesteci that a resune of the contents of desolution No. 90 be incorporated in the minutes, He stated that this concerned. the zoninc on Hi . land Drive and that the followinZ;' findings had been made for the 1 if ,000 sq, fte area: 1, hoperties havw, a frontage on Highland Drivo shall have a minimum required fmntase of 75 feet, and a minimum area of 10,000 square feet. 2. Where 6. lot split is reqWSt8d for corner property within the abve described zone, the lot being creaked al; lhe intersection, havlng frontage on E:ighland Drive, sbll be the controlling lot as to zoning; arrl any lot created to tb rear line of the corner lot with frontage on a side street, shall. assume all af the characteristics, including zoning regulations, of other prowrties having frontage on the side street. C. The Chairman referred tn the previous action of the Planning Comnission wherein it was decided that Mr. Whitnall be employed on a call basis, and paid on a per diem basis when calLed, He stated that a letter had been received from le. PM.tnall last week stating that UP. vvhitnall did not desire to act as a planning conmltant for Carlsbad under such zircumstances , but only on ths basis he outlined, which would probably com within the budget, wherein he would receive a set sum for appearing at least once a month nt our meetings and -7- that he would check on problem when he vms in the area. On a per diem basis, Mr. Vihitnall does not feel he would be able to bep up with the problems arising in the city, and ps'ked further considera- tion so that he couXd plan accordingly, He furthe stated that Mr. Vhitnall could be employed on a reduced basis that noulci come within the budget, but tha-; he would not; be available as much as before, Considerable discussion was given this matter during which it vias pointed out that hr* Whitnall*a assistance had not been necessary for the past fow mnths, Corn, stringer stated that tb one problem he knew of that should be taken up was the area between Tamarack, Chestnut, Roosevelt and the railroad tracks which is presently zoned H-1 and should be reclassified so that it could be used. The Secretary stated that he felt the inttiative for that should come from the property ownerso It was moved by Coma. Jamie that there be no change in the previous decision to employ ]!We N'hitnall on a pes diem basis and, if this was not satisfactory to him, that the Planning Commission handle the pmblerns thab arise with the help of the City Engineer. Comma Baum- gartner asked if th3 decision had to be made at this time, and the Chairmm said it did not, but should be made within a reasonable length of bime as a matter of courtesy, The motion died for lack of a second. The Chairman stated that this matter mould be placed on the agenda for the meeting of Decenber 23rd vhich would Give everyono time to con- sider all the facbors concerned. He further stated that the primary duty of the PlanninZ Commission is not to dispose of v~u~iances, but to see that; propert-y is developoci to its highest and bogt use, and that a plan is now being consiaered whereby variances can be handled administratively as is done in lareer areas, Cocrm. stringer stated that he thoucht it important ttnt the Conmiss ion review tb &aster Plan at an early date. 13- Ad ournrnent, By pwper motion, the meting was declared adjourned at * Respectfully submitted, J.Y. PRICE, %cretary