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HomeMy WebLinkAbout1961-07-11; Planning Commission; MinutesMINUTES OF THE CASBAD CITY PLANlJINC CO"IS.;ION I4EETING July 11, 1961 1- The meeting was called to order at 7:30 FJI. by Chairman Grant. Present be- sides the Chairman were Conmissioners Jarvie, Ward, Kistler, Hardwick and Davis. Absent, Commissioner Hughes. 2- Approval of Minutes of June 27, 1961. Chairman Grant asked that Parasraph 3 under Item 5 be changed to correct the spelling of "E .A. Roessel'* toDQE.A. Xossallp', and thereafter in the minutes this spelling chance should take ef- fect. Paragraph 4 under Item 5, he requested to read as follows: )'Chairman Grant showed the map of the proposed subdivision to Mr. Rossall, who pointed out his own property and Chairman Grant explained that it was the property to the west of the proposed subdivision and thnt Mr. Rossall's ob- jection was tlut the back portion of his property would be landlocked." Commissionzr Jarvie requested that Paragraph 6, Item 5 on Page 2 be changed to read as follows: W!. KALICKA stated th-t a lot of people have been usins this property as a way in.and out and that is what was brinzing up a lot of these issues.tt Chairman Grant requested that on Page 3, Item 5, Pnragrnph 2, Centence 1, be changed to read as follows: "The Secretcry explained that in the back of the Piaster I lan of Carlsbad there are certain areas on which studies vere made and in these studies there is a solution to some of these large lots." A morion was made by Commissioner Jarvie and seconded by Comissioner Davis that the minutes of June 27, 1961 be approvcd as amended. 1\11 ayes, one absent, motion carried. 3- Written Comnunications? There were no written communications. 4- Oral Conmihicat ions: There were no oral communications. 5- HEAGING - V.GL1NCE - Request of Roman Catholic Bishop of San DiefpCounty for variance in rear yard from 20 feet to 2.5 feet in order to create a lot split on property located on Tamarack Street between Adam Street and Pi0 Pic0 Drive, spearifically des- cribed as 966 Tararack Street, being SL portion of Tract 236, Thum Lands, accordin% to a idap thereof No. 1681 of the City of Carlsbad. Notice of hearing was read. The Sccretrry certified 8s to puSlication of notice of hearing and the mailing of notices to property owners in the area. The Secretary then read the applicztion setting forth the reasons for requesting the variance, and containing 4 sisnatures in suppurr -F the mmlicatim. There was one item of correspondence on this matterr Letter from Father O'Dwyeir dated June 30, 1961, delegating Mr. Vencent Gits to appear on his behalf at the hearing. The Secretary then explained that all this property was owned by Gene Geil at one tiue and he sold part of his property to Mr. Pharr, On a portion of the pro erty sold, was a building which had a game room upstairs, making it a building for human habitation ond this buildinG WAS only 2 1/2 feet from the property line. Then Mr. Geil sold the rest of the property to the Cman Catholic Bishop of San Diezo County. Before they could do anything with the property as far as construction was concerned, they had to ask for a variance in order to create a lot split. VIt4CENT GITS, 2648 Davis Place, stated that in the absence of Father OtDwyi3r, who is out of town, he was present ttJ answer any questions anyone night have about this application. They had bouzht the property in good faith and did not !mow that any buildin:: used for hman habitation ws so near the property line. Then they found out that there never hzd been a lot split on the prop- erty. Before they can build they want to straighten this out. No one in the neighborhood is azainst the variance, He would be glad to show the building plans for this property to show that none of the buildings will coxe anywhere near the lot line. If more buildings were planned later which would come any- where near the line, the church would try to acquire the rest of the property. The public hearing was closed at 7:50 i'.ii. A notion vas made by Commissioner Ward and seconded by Commissioner Kistler that Resolution Mo.212 be adopted granting this variance for the following reasons: 1. That tbere are exceptional or extraordinary circuzstances or condi- tions applicable to the property or to the intended use that do not apply .. generally to the other property or class of use in the same vicinity and zone. 2. That the granting of such variance will not be materially detrimental to the p ublic welfare or injurious re the property or improvements in such vicinity and zone in which the property is 10Catedr 3. That the grantin&,.of such varirnce will not adversely affect the comprehensive general plan. 4, There were no written or ora1 protests to the granting of such varp iance. The Chairman asked for a roll c~ll vote, AYES: Chairma3 Grant, Conmissioners Davis, Hardwick, Kistler, Jarvie NOES : Hone ABSENT: Commissioner Hughes. and Ward. Zesolution No. 212 adopted. - *#* 6- HEARING - VARIANCE - Request of Marvin S. and Idella Humphreys for reduction in side vard from 9.5 feet to 5 feet on property located on the north side of Magnolia Street between Hardin% Street and US. 101 Freeway, being a portion of Lot 1,'Block B., Alles Avocado Acres Resubdivision, according to a Map thereof No. 2027 of the City of Carlsbad. Notice of hearing was read. The Secretary certified as to publication of .. notice of hearing an' the mailing of notices to property otmers in the area. The Secretary then rerd the application, setting forth the reasons for request- ing the variance. There 'was no correspondence on this matter. There was no one present to represent the applicant. WELL .4URED, 3676 Harding, stcted that he wanted sor.!e information. He wanted to know, should he decide to build on his property, would he be able to get a building permit, if this variance were granted. The Secretary explained that the granting of thisvariance could not affect any use of Mr. Allred's property as long as he conformed to the ordinance. MR. ALLRED stated that the property owner who lived next door to subject property, whose name he did not know, had received no notice of the hearing but he and this property Owner had discussed the matter and he had informed the property owner of the hearing this evening. Ho felt that this owner might object to the granting of the variance. The Secretary explained that due to the fact that our Tax Assessor's Roll is 18 months old and that is the source from which the names of the surrounding property Owners is taken, sometimes owners subsequent to the effective date of the tax roll are not,.notified because their names and addresses are not available to his office. Since the applicant was not present and one of the property owners who would be most likely to be affected by the granting of the variance had not been notified, it was decided among the Corranissioners that it would be better to have more facts before making a decision on this matter. A motion was made by Commissioner Kistler and seconded by Commissioner Hardwick that the hearing on this application be continued until the next regular meet- ing of the I'lanning Commission on July 25, 1961. All ayes, one absent, motion carried. -4- MRS. LILLIAN GARRETT, 2360 Ocean, stated that she felt the application was self- explanatory and that she had nothing further to add. There was no one present who objected to the granting of the variance. MRS. GAPJXTT explained that the addition at the front was to be a sun deck .. upstairs and it had not been decided whether they would build below the deck. She wished to know if the eaves on the buildinz could project out further than the set-back line. The Chairman told Mrs. Garrett that she would have to contact the proper author- ity to get this infornation. The public hearing was closed at 8:15. A motion was made by Commissioner Hardwick and seconded by Conmissioner Ward that Resolution No, 213 be adopted granting this variance for the following reasons: 1. That such variance is necessary for the preservation and enjoyment of asubstantial property right possessed by other property in the same vicinity and zone but which is dmied to the property in question. 2. That the granting of such vari-nce will not be materially detrimental to the public welfare or injurious to tile property or improvements in such vicinity and zone in which the property is located. 3. That the granting.of such variance will not adversely affect the comprehensive general plan. The Chairman asked for a roll call vote. AYES: Chairman Grant, Commissioners Davis, Hardwick, Kistler, Jarvie and NOES : None ABSENT: Commissioner Hughes. Ward . Resolution No. 213 adopted. A short recess was called at 8:20. Reconvened 8:30. 8- HEARIVG - RESOLUTION OF INTEP!TION - Amendment to Subdivision Ordinance No. 9050 Article XII, Section 300 (C), requiring subdividers to conform to the requirements of the Subdivision Ordinance No. 9050 be- fore filing tentative maps. The Secretary certified as to publication of notice of hearing. The Secretary then read gesolution of Intention No, 19. The public hearing was closed at 3:35. A motion was made by Commissioner Kistler and seconded by Cmissioner Hardwick that Resolution No. 214 be adopted recmending edoption of iiesolution of In- tention No. 19 for the following reasons: 1. That it is required by i;ublic necessity, convenience and the general welfare of the city, The Chairman asked for a roll c;lll vote. AYES: Chairman Grant, Commiss oners Davis, Hai-dwick, Kistler, Jarvie and NOES : None ABZENT: Commissioner Hughes. Ward. Cesolution No. 214 adopted. 9- Old Business: There was no old business. 10- New Business: There was no new business. 11- Adjournment: By proper motion the meeting was adjourned at 8:40. Respectfully submitted. J. 9. PRICE, Secretary