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HomeMy WebLinkAbout1960-10-11; Planning Commission; Minutes1.. The meeting was called to order at 7:30 Y.M. by Chairman Jarvie. Present besides the Chairman were Commissioners Davis, Hardwick, Grant, Ward and Hughes. Absent, Cmissioner Kistler. 2- Approval of Minutes of September 27, 1960. A motion was made by Chimissioner Grant and seconded by Cmissioner Hardwick that the minutes of the meeting of September 27, 1960 be approved as submitted. All ayes, motion carried. 3- Written Communications: There were no written comnunications. 4- Oral Communications: There were no oral communications. 5- HEARING - VARIANCE Reauest of Iva M, Grober for reduction of front yard from 20 ft. to 2 ft. and reduction of rear yard from 20 ft. to no rear yard on property described as portion of Tract No. 2, Laguna Mesa Tracts, according to a map thereof No. 1719 in the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property Owners in the area. The Secretary then read the application, setting forth the reasons for requesting the variance. There were two items of correspondence received: Letter dated September 28, 1960 from Iva Me Grober stating that the variance was being requested for the purpose of moving the garage from its present position to the front of the property as in the present position, the Freeway interferes with taking the car in and out of the garage. The letter also states that granting of the variance will not be detrimental to the public welfare and will not create a traffic hazard or adversely affect the Com- prehensive General Plan. Letter dated October 11, 1960 from Iva M. Grober stating again their reasons for requesting the variance and also explaining that they had not requested the variance before because they felt it.would be unfair to ask the Com- mission for such an unusual one, but since similar variances have been granted in the area recently, they are asking for the same for their property. The Secretary explained wh;.t the Grobers planned to do, showing on the map the location where the Grobers planned to place the garage. No one was present to represent the applicant. The public hearing was closed at 7:45 P.M. After considerable discussion of the subject property among the Comnissioners, -2- it was decided that since there was no one presen: to represent the appli- cant and the Cammission wished to question her as to the exact location of the garage and since all of the Corranissioners had not had the opportunity to exqmine the subject property, that it would be wise to continue this matter to a later meeting. A motion was made by Commissioner Grant and seconded by Commissioner Hughes that this request for variance be continued to the meeting of October 25, 1960 at 7:30 P.M. The Chairman called for a roll @all vote. AYES: Chairman Jarvie, Cmissioners Hardwick, Grant, Ward and Hughes. NOES: Commissioner Davis ABSENT: Commissioner Kistler The hearing will be continued on October 25, 1960. 6- HEARING - CONDITIONAL USE PERMIT - Request of Carlsbad Union Church for a conditional use uermit to allow construe- -. " tion of off-street parking and recreation ~~ - area. construction of ornamental brick wall along Harding St. and on property line of lots 21 and 22 and construction of 6' chain link fence on top of wall of the northerly property line of lot 21, and use of present Sunday School buildinq for pre-school day nursery on property located on the west side of Harding St., more Darticularlv described as lots 21. 22,23,24 and 25, Block 58 Carlsbadlands, Lccording to a map thereof No. 1744 in the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of notice of hearing and the mailing of notices to property owners in the area. The Secretary then read the application, setting forth the reasons for re- questing the conditional use permit, and containing 35 signatures in sup- port of the application. THE REV. ROY D. BROKENSHIRE, P.O. Box 217, Carlsbad stated that the appli- Cation pretty well covered everything they were requesting. He stated that there were one or two people he visited who wanted to know what was going to be done. He found no opposition to the request but there was one party who did not wish to sign because of friendship with one who did oppose the request. The public hearing was closed at 8:15. Commissioner Grant questioned Mr. Brokenshire as to the nature of the Opposi- tion. Mr. Brokenshire said that there was never any improvement in the neighborhood to which there was not some opposition. There are neighbors on the corner who do think it would be detrimental. She is rather elderly and expects the worst. They acquired the property to provide off-street parking. It had belonged to an estate when they originally wanted to con- struct the parking area and they were not able to do it at the time. The Sunday School building is already there and they plan to use one room in it for the day schodl nursery. Commissioner Ward asked whether they planned to let the young people play at night. Mr. Brokenshire stated that it depends on what is meant by night. There are lights and at some times there might be some play up to 9:30 mC 10 P.M. Any other things are controlled by laws oE the city. He feels they have improved the neighborhood. Chairman Jarvie questioned Mr. Brokenshire as to whether they would have a teacher in the day nursery so that it would come under edwation. Mr. Brokenshire stated that he felt there was a necessity from both a mother's and children's standpoint for a day nursery and if it proved feasible there would be a licensed teacher. Chairman Jarvie mentioned that there had been a request previously for a pre-school nursery but it was in an R-1 zone which did not allow that type of thing and was turned down, whereas this was an R-3 zone. Cotmissioner Grant stated that he had gone over and looked at the sub- ject property, that he had observed that the present basketball court is fenced with quite a high fence and that a 6 foot wall would really be inade- quate in height for a basketball court. The 6 foot fence wouk! help but a ball Still could go right over and into the windows of the adjoifiing property. He mentioned that children are noisy even when supervised and that of the People in the town had contributed quite heavily for a gymnasium in the high school and also a BOY'S Club. He stated that he vas just pointing out these facts. Cotmissioner Herdwick stated that he felt that any recreation areas that we could get for youngsters was a good thing. In order for the people to be able to use the facilities at the high school they have to get permission from the principal. The facilities art! inadequate anyway and they are getting more SO. He asked Mr. Brokenshire if this recreation area would be open to the pub1 ic . MR. BROKENSHIRE stated that as a Comnunity Church they had made their facilitis open to everyone. They are interested in the youth of the community not just of the church, They are realizing more and more in rural areas that people are facing problems. There are divorced families where the mother is working. They need training and guidance. Chairman Jarvie said that he could see no reason for denying the permit as there seemed to be no objedtors. MR BROKENSHIRE stated that when they acquired the property and contacted the city to see if a permit was required, the were told that one was not nec- essary, go they discussed it with the ne r ghbors and contractors, but when the new City Manager came he said no permit had been granted, They allowed them to go ahead a little and complete construction they had started. At that point they got their application in for a Conditional Use Permit which they needed for the ornamental wall. They were trying to consider the neighbors and make it look not so much like a school yard. He stated also that they plan to have a wire fence on the inside of the wall to protect open areas. MR. RAYMOND LEGGET, 528 Los Robles Drive, Carlsbad, stated that it had been brought up that the 14 ft. fence was adequate but that it was not high enough. MR. BROKENSHSRE stated that they would have no objection to, raising the fence another two feet but that they were trying to be considerate. He continued by saying that before they could have a day nursery, they had to have a certain amount of play area. It was moved by Commissioner Davis and seconded by Cotmissioner Hughes that a Conditional Use Permit be granted for the following reasons: 1, mat there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply gener- ally to the other property or cla3b2of-Qoehi rhe same vicinity and zone. 2. That the granting of such Conditional Use Permit will not be materially detrimental to the public welfare or injurious to the property or improve- ments in such vicinity and zone in which the property is located. 3, That the granting of such Conditional Use Permit wi13 not adversely affect the comprehensive general plan. 4. There were no objections to the request. The Chairman called for a roll call vote. AYES: Chairman Jarvie, Comnissioners, Davis, Hardwick, Ward, Grant and NOES: None ABSENT: Cotmissioner Xi~tler. Hughes 8 Resolution No, 181 adopted. A short recess was called at 8:50 P.M. deconvened at 9:OO Pa. 7- TENTATIVE SUBDIVISION MAP - VILLAGE HUES - UNIT 83 The Secretary certified to the mailing of notices to adjoin!@ property owners, and then read the recomnendations of the various departments and agencies, MR. R.L. WATSON, 3039 Jefferson Street, representing Carlsbad Investment Corp., stated that he thought the plan of calling the subdivider in prior to the tentative map and working out any problems with him was a very good one. He stated that they were prepared to comply with all requests that were read. He also had a change he would like to submit, Because of technicalities they had formed a new general partnership name Donabob and that was to be owner and subdivider. He stated that the only other corntent he had to make was that it was their sincere desire to work along with the improvements that are going on in Chestnut Street and wokk rapidly to get improvements in. They would like to work with the engineering department and Lowe and Watson, Other than that he had no particular cOmnents at the time. C.C. WALTERS, 1826 Magnolia St. Stated that he was speaking for Mr. Jack Lillit whose house is adjacent to this property, and that: they were as much interested in the improvement as anyone else. The property is deep and narrow. A Mr. Hegashi owns 400 ft. on one line and 500 ft. on another. Mr. Lillie's propertp is 305 ft. deep. It is an odd shaped lot. They hgd tried to work out a road in back. Possibly Mr. Watson would get lOU7. use of his land with a cul de! saw but they would like to work out a road that would be of benefit to everyone. That is something all the property owners would have to work out. He did not feel a cul de sac was the answer. He stated that he could not give SO ft. of his property because that would fall right on the edge of his living room. He stated that the family to his west had built right on the property line SO they could not give any land. He stated that he had a letter from a man in his truck and this man feels the same way he does, that there should be some way to open up this deep property. There is also a half acre belonging to Fred Thornton involved in this. Chestnut will be a high speed street. If they could get some sort of road through his property he would go along with it. The road would go through into Magnolia. Chairman Jarvie stated that this problem had come up before because people were being landlocked but he could not see that Mr. Walters was being land lokd by this project. He felt that it WPS not up to the Planning Commission to pian for people who had these deep properties and that the City would cer- tainly not put in a road there. That the matter before the Commission to- night was that there was someone there with a tentative map and it was prop- erly in order. The Secretary stated that the City Attorney had said that since the Subdi- vision was not landlocking anyone, and these people owned that property be- fore, that the tentative subdivision map meets all the requirements of the Subdivision Ordinance and that there are no grounds to deny it if the Com- mission feels this is the best use for the property in question. The public hearing was closed at 9:15. There was some discussion among the Comnissiona?s about sidewalks in cul de sacs and Chairman Jarvie stated that the City Council had the final word on that . MR. WATSON voiced the opinion that sidewalks were necessary on all thorough- fares but had more of a decorative value in cul de sacs and were mostly skating areas for children. However, he was not taking issue here on this matter as it should be dealt with in the City Council. Conmissioner Hughes asked Mr. Watson if he were willing to comply with all the requirements. MR. WATSON said that he felt the fire hydrant might be a little over and above what was required but sometimes you come out a little ahead and sometimes you do not. In his case he usually came out even in the end as what he lost on one subdivision he made on another. He thought the Conmissioners might like this information to help them in the future in working out these things. A motion was made by Conmissioner Hughes and seconded by Conmissioner Davis that Resolution No, 182 be adopted recmending to the City Council the approval of the tentative map of Village Homes - Unit #3 Subdivision. The Chairman asked for a roll call vote. AYES: Chairman Jarvie, Commissioners Davis, Hardwick, Ward, Grant and NOES: None ABSENT: Commissioner Kistier. Hughes . Resolution No. 182 adopted. 8- Old Business: The Secretary read to the Commission a Resolution Of Intention deleting the Potential R-3 zone from R-1 zones on the zoning map. It was moved by Conunlssioner Hardwick and seconded by Commissioner Grant that Resolution of Intention No. 17 be approved and a date set for a public hear i ng e The Chairman asked for a roll call vote. AYES: Cbirman Jarvie, Commissioners Hardwick, Davis, Ward, Grant and NOES: None ABSENT: Commissioner Kistler Hughes ., 9- Wu Business: There was no new business. 10- By proper motion the meeting was adjourned at 9:40. Respectfully submitted, J .H. PRICE, Secretary