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HomeMy WebLinkAbout1959-11-10; Planning Commission; Minutesf MINUTES OF REGULAR MEETING OF CARLSBAD CITY PLANNING COW,fSShON November 10, 1959 The meeting was called to order at 7:30 PoM, by Chairman Stringer? Present besides the Chairman were Commiss.,oners Zahlcr, Ward, Thomas, Clizbe and JarvieG Absent Commissioner Metka, WRITTEN COMMUN KAT IONS : an The Secretary read a letter from the Planning Department of the County of San Diego, dated November 5, 1959, stating there would be a public hearing on Friday, November 13th, on an appl:.cation filed by Farr's Ready Mix Company for a permit to operate a sand, gravel and cement mixing plant located on the A,T, 6. S,F, RR ri'ght of way approximately l& m:,les south of Carlsbad, Inasmuch as Carlsbad has no fringe zoning, and this is industrial type property, it was the decision to file the letter with no action, ORAL COMMUNICATIONS: REARING - Variance, There were no oral communications, Request of Fred Gerken for a variance for reduction of front yard set back from 20' to 10', and reduction of rear yard set back from 20' to lo', on a portion of Lots 5, 6 and 7, Block A, A1 leri Avocado Acres, - Notice of hearing was read, The Secretary certified as to the publication of Notice of Wearing and the madlinl; of notices to property owners in the areae The secretary then read the application submitted by the owner setting forth the reasons for re- questing the variance, There was no written correspondenceo No one present desired to make any commento The public hearing was closed at 7:38 P.Mo After some discussion by !:he Commission, it was moved by Comm, Jarvie and seconded by Comm, Ward that Resolution No, 139 be adopted granting the request of Fred Gerken for reduction of front yar-d set beck from 20' to loo, and reduction of rear yard set back from 20' to 10' for the following reasons: 1, Granting this variance will permit the land to be used to its fullest and 2, Granting this variance will not adversely affect the comprehensive general 3, There were no oral or written protests by the surrounding property ownerso best economic use as this is in an R-2 zone, plan or be detrimental to the property and improvements in the vicinity, The Chairman asked for a roll call voteo AYES: Chairman StringerS Conmissioners Zahler, Ward, Thomas, Clizbe and Jarvie, NOES: None, ABSENT: Commissioner Netka, Resolution Noo 139 adopted, 6- HEARING Q Reclzssificatior:, Request of Herbert Eo Edwards for change of zone from R-3 tb C-l of Lots 53 and 54; Block A, Hayes Land Co, Addition, located on the northwest corner of the intersectfrm of Ocean and C ‘rand - P ”.- Notice of hearing was rexo The Secretary certified as to the publication of Notice of Hearing and the mailing of notices to property owners in the areaa ‘The Secretary then read the applkcation submitted by the owner setting forth the reasons for requese- ing the reclassification; and a petition dated November 9, 1959, protesting the reclassi-. fication, together with tte names and addresses of those signing the petition, MR. HAL BIERCE stated that he represented Hr, George Fredkin; that they were against the zone change for obvioLs reasons as it would open the way for future business development in the area; that the property vas zoned R-3 and it was their suggestion that if the applicant wanted to make full use of the land he had recourse to a variance to which there wculd be no objection, MR. DAVID H. THOMPSON stated he is a lawyer with offices in the San Diego Trust and Sevingr Bldg,, San Diego, and represented the Luthem Services of California who own Carlabad~By~Tht~Sea; that they also owned Lots 50, 51 and 52 which immediately adjoin the property under consideration; that the Corporation, acting through its Executive Director, joined with the other property owners In objecting to this zone change; that the property was right In the middle of an R-3 zone and if the request was granted, it would create spot zoning of the highest degreeo MR. BERNARD SELWYN stated that they were naturally interested in their particular project and in seeking a nethod of using the property to its fullest extent; that this was one of the ways they could get more use cut of the property; that there is a situation in that section that benefits the people on the east sfde of Ocean Sto, but the people who awn property on the west side of Ocean St, cannot properly develop that strip to where there will ever be any structures there as it most be a money making proposition and the City vi11 not realize Caxca from this property until it is developed, Mr, Selwyn then presented some drawings of the structure they propose to construct and stated that it looks like a single family residence from the street; that it would be a beautiful building and would start a trend toward more developments of this nature which would be of benefit to the Cityv but they could not build It unless the property was rezoned, MR. HERBERT E, EDWARDS presented some additional drawings of the prapo6ed building; he then stated that he is one of the owners of this property; that Ehfs building would consist of 10 furnished units, each unit averaging about SO0 sqofto, with off street parking; that the building would cost between $125,000 to $150,000; their reason for requesting C-1 zoning was that only 60% of the land could be developed in an R-3 zone, and that each unit required 1200 sq.fto of land; that they intend to develop an apart- ment hotel catering to adults; and that the structure would increase the value of the land MR. THOMPSON stated that if the reclassification were granted, the power of the Comir- sion to control the development of the land would cease as long as the developers stayed within the C-1 zone requirements, and the present plans could be scrapped, The public hearing was closed at 8:OO P.M, Considerable discussion w3s given this matter by the Commission, during which it was brought out that the problem could be solved by a variance instead of a zone change, The owners were asked if they would be satisfied with a variance that would give them the deslred land use, and they stated they would bo, The Chairman stated that he was disappointed that the request for a zone change did not include all the property in that section as Carlsbed needs some business property on the beach; that Carlsbad had spent a great deal of money to develop the beach and it was business property that would bring in revenue, not bedrooms, It was then moved by Comm, Zahler and seconded by Comm, Ward that Resolution No, 140 be adopted denying the request of Herbert E, Edwards for a zone change from R-3 to C-1 on certain property in the City of Carlsbad for the following reasons: 1, The property owners in the area protested this zone changeu 2, The requirements of the property owners could be satisfied by a varQanceo The Chairman asked for a roll call voteo AYES: Commissioners Zahler, Ward, Thomas and Jarvie, NOES: Chairman Strir-ger and Commissioner CIizbeo ABSENT: Commissloner Netka, The Resolution failec to pass for lack of a sufficient majority, It was then moved by Corn, Zahler end seconded by Comm, Thomas that Resolution of Intention No, 12 be adoptcd granting a variance on Lots 53 and 54, Block A, Hayes Land Coo Addition in the City of Carlsbad, to allow the owners the required use of the land for their proposed apartment hotel, The Chafmn asked for a roll call vote. AYES: Chairman Stringer, Commissioners Zahler, Ward, Thomas, Clizbe and Jarvie, NOES f None , ABSENT: Commissioner Netke, Resolution of Xntention No, 12 adopted, 7- HEE,iaXNG - ReclassiffcatioqO Request of Archie Koyl for change of zone from R-I to - R-3 c8€ property located at the southwesterly intersection of Roosevelt St, and Magnolia Ave., described as Tax Assessor'c Parcel 1, Page 133, Bw,k 35, of the Tax Assessoras Map of San 411r " Dfego County, Notice of hearing was read. The Secretary certified as to the publication of Notice of Hearing and the mailint; of notices to property owners in the areao The Secretary then read the application submitted by the owner setting forth the reasons for re= questing the reclassiffcstiofi; and a letter Prom Mr, Do R, Dinius requesting that the Planning Commission not grant this zone change at this time, but consider the teclassf- fication of this MR. DON HOLLY of consider this as area; he pointed property together with all &he adjoining undeveloped land, Kamptner and Holly, stated he represented Mr, Koyl; that they did not spot zonfng as it is actually an extension of multiple zoning in the out on the zoning map the adjoining property, some of which was zoned Rn2, some R03 and scme R-P; that the problem of landlocked property would be controlled by 43 precise plan at a later date; that the present problem is of rezoning and it was not Mt, KoyIOs intention to landlock any area, but merely to develop multiple units, MR, D. Re DINIUS, of Las Pmgeles, stated that this was a situation where a tract with 22 to 23 acres was involved with no access to the center of It, and he felt the only way to develop it was to cevelop the entire area at one time and assure access to the entire areao MR, ARCHIE KOYL stated thet his primary interest was to build along Magnolia; that he did not. intend to build oc. the back part by the railroad tracks and if the City wanted to rezone the back part of his property to M at a later date that would be alright, MR. DIN'CUS restated his oplnfon that the whole area should be rezoned at one time and a plan deveioped so that the center would not be landlocked, The public hearing was clcsed at 8:29 P.Mo Considerable discussion was given this matter by the Commission wherein it was brought out that this property was suitable for M zoning because of its location; that Mr, DinQus has a SO' easement through to Tamarack that will be dedicated to the City at the time it is made into a street; and that the whole area should be considered at one time, It was moved by Corn, Zahler and seconded by Corn, Jarvfe that, with Mr, Koyl's permission, this hearing be continued until December 8, 1959, Mr, Koyl gave his consento 6 ayes, motion carried, The Chairman declared a recess at 8:48 P,M, The meeting reconvened at 9:00 P,M, 8- Reclassification of certain property extending southerly from Sunnyhill Drive from R-1-15 to R-1-10, The Secretary read a memorandum from the City Manager referring the subject reclassi-. fication back to the Planning Commission for reconsideration, He then stated that additional Correspondence had been received since the Commission's previous meeting OR this matter and read correspondence as follows: a letter from Donald A, Briggs, dated October 23, 195g9 requesting similar zoning on some 65 acres between Sunnyhill and Park Dr, which is contiguous to the above property; a letter dated October 23, 1959, from various property owners in the area protesting the reclassification; a letter from Howard Lo Yarbrough, dated November 9, 1959, protesting the reclassification; and a letter from Gordon ghitnall addressed to George Merkle, M,D,, dated November 6, 1959, regarding zoning and its relation to this areao DR, GEORGE MERKLE stated that the reason for this letter from Mr, Whitnall was that when they went before the City Council, Mr, LaRoche had asked what authority they had for saying this area would be devalued, so he had called Mr, Whitnall Long dis- tance who had said he could not be present at this meeting but had sent the letter, The Secretary stated that there appears to be a great deal of confusion in the dis- cussions between the question of rezoning the area and the metter of a subdivision which has repeatedly and'consistently been referred to; and in an effort to clarify the two, he had listed the subdivision on the agenda as the next item, ,- The Chairman stated that if the matter of rezoning were approved, the Cornmdssion could then go shead OR thfz matter of the subdivision, MR. DON HOLLY stated that he had no argument with our ex-planning consultant, but ordinances were made as a guide, and if they were held to loo%, there would be no need for a City Council or Planning Commission; that normally 10sOOO sqoftn is large enough to construct a nice house and have e nice yard to use; that they had done a lot of building in the county and the largest lots were 10,000 sqofto; that the size of the lot depends a great deal on the topography; that the area covered by this applica., tion is gentle rolling tetrain and in mst cases all of the square footage can be utilized, but where it Could not, the yards were larger; that with 15,000 Sq,ftOs the required frontage was only 75', but the frontages varied according to the topogo raphy and terrain,, MR, ROBERT ANDERSON, Claremont, reminded everyone that Mr, Whitnall's letter was to Dr, Merkle who opposed the reclassification; that there was some misinformation in the letter in that it stated they were creating an island of 10bOOO sq.ft, lotsb whereas the total area they propose to develop is contiguous to 10,000 sqo ft, property, (and pointed to the R-A-10 property on the map which abutts the edge of the property they intend to develop in the future); that the whole premise of the letter was that they were going to devaluate the existing property, not that they were going to lessen the lot size; that they are going to impose higher restrictions than exist in Carlsbad Highlands; that the average lot size will be 11,500 sqoftoe and where it is impossible to have a 10,000 sqoft, building site, some lots will be 15,000 sqofto; that they have paid $6,000 an acre for the first 30 acres they bought, and will pay $7,000 an acre for the additional ac?ragc?; and they plan to give Carlsbad a very satisfactory develop- ment in every way. DR. HERKLE pointed out on the map that the present reclassification request was for a small area that was completely surrounded by R-1-15; and stated that with 1S300O sqofto, the chances were that the frontage would be larger, MR. ANDERSON stated that while they had 60 acres tied upb they only had 10 acres to work with at the present time; that he didn't know how he could make any guarantees, but would welcome some of the residents in the area on their architectural committee and in drafting their restrictions so the residents would know they were going to do what they said, MR, ANNABLE stated that if! the zoning were left at 15,000 sqo€to, there would be no worry about 75' frontage as it would not be feasible to have Ists 200' long with 758 frontage; also, they would not have to worry about the type of house with the present zoning as the property is at a premium price; that the property on Park Dr, had been rezoned to 7,500 sq,fto, md they had no assurance this would not happen in that area if the 10.000 sq,ft, were granted; and that Mr, WhitnallPs letter had expressed his opinions, MR, DON BRIGGS stated that he represented his parents; that the original price of those lots had been $1,700; that they had a condition where 7,500 sq.ft, lots abutted their 15,000 sqoft, lots; that they had a request to initiate rezoning on this 60 acres which abutted Mr , Andersan s MR. E, G, NELSON, 4260 Skyline, stated that he wished to go on record as opposing any change in the zoning fi-om 1Sb0O0 sqofto; that they had moved to Carlsbad instead of Vista 3 years ago because Caxlsbad had this zoning and Vista did not; that rft would cost a little more to develop this property at 15,OO sq,ft,., but they could keep their standards up, MR. ANDERSON stated that :;n his opinion it would be impossible to develop the lots with 15,000 sq,ft, areao The public hearing was closed at 9:47 PeM, Considerable discussion was given this matter by the Commission during which it was pointed out that this was the only area In Carlsbad zoned for larger lots and there were people who liked the privacy and yard area of a larger lot; and that the present residents in the area had bought on the premise that the area would remain unchanged as to zoning, Comm. Clizlw stated chat this was his last meeting with the Planning Commission as he is moving out of town; that he thought it would be well to maintain this 15,000 sq,fto zone; that he blamed the real estate dealers and subdividers for bidding the ground up so high in the first place; that you can't build a house on B lot with only 75' frontage and have much room in between houses; that the only reason for subdividing into smaller lots was to make money; and he strongly urged that this area not be rezonedo It was moved by Conan, Clfzbe and seconded by Comm, Ward that the opinion of the Conunission to not rezone this property from R-1-15 to R-1-10 not be changed, and a memorandum be forwarded to the City Council to that effect, 6 ayes, motion carriedo 9- ADJOURNMENT. By proper mtion, the meeting was adjourned at 10:30 P,M, Respectfully submitted,