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HomeMy WebLinkAbout1961-12-12; Planning Commission; Minutes-1 . MINUTES Or" TKE CARLSBAD CITY PLANNING COMMISSION MEETING December 12, 1961 The meeting was called to order at 7:30 P. M. by Chairman Grant. Present besides the Chairman were Commissioners Davis, Neiswender I Kistler , Hughes, Jarvie and Ward. Approval of Minutes of November 28, 1961. Vice-chairman Hughes requested that the 8th paragraph on page 4 be changed to read: "Vice-chairman Hughes stated that he felt the subject should be considered by the full commission. Commissioner Neiswender requested that the last sentefice in paragraph 5 on page 4 be changed to read: "He said it would be the only service station on that side of the road from Encinitas except a Union station to a point north of Oceanside. ' A motion was made by Commissioner Jarvie and seconded by Commissioner Hughes that the minutes of November 28, 1961 be approved as amended, All ayes, motion carried. Written Communications. There were no written communications. Oral Communitations. There wel'e no oral communidations, HEARING - VARIANCE - Reauest of Texaco I Inc. .for variance in aim height from i-" -I_ ~g-a~~r~n-oo'STZTar~~cr~~ m.TTriTe GTOV .~- """ - "- " " - "1 """_ .II..."- 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 sign variance. The Secretary reported there were no communications received on this request and the sign had been erected in violation of the rules, Dick Gsburn, Building Inspector, stated that the precise plans for the sign height of 35' were submitted with the building plans of the station. The Texaco Station is in an area where it was found that if the sign was erected to 35' the illuminated portion of the sign would be at eye level to motorists on the Freeway and it would create a hazzard on the U. S. 101 Freeway. The sign was erected by the PBR Co. ,sign manufacturers, of Anaheim , and was completed on a holiday in November. The height of the sign had been increased by the Texaco Company and the sign company when they realized that the 35' height would be a traffic hazzard and that they would be in conflict with Division of Highway's regulations. The Building Inspector reporter. that he had been informed by the City Manager of a complaint from Mrs. Sonneman ” -2- 8 that the sign was too high. The Inspector checked the height of the sign and found it to be in violation, and advised the applicant that his remedy was to apply for a vari- ance. The Building Inspector stated that he checked other signs in the area and found the Buy and Save sign to be approximately 60’ high and the Flying “A ’’ sign at 40.12”. He wrote to the general contractor regarding the violation of this sign and was informed that a subcontractor had installed the sign. All of the parties concerne. were very anxious to cooperate and correct this violation. The Building Inspector reported that only two new signs had gone in since he has been in office, besides this one, and they were for the Shell Oil Company. Chairman Grant asked the Building Inspector about the poles that were up for several days before the sign was installed. The Building Inspector reported that the poles were installed in sections and he had no way of knowing the sign would be extended to a higher level. Commissioner Jarvie asked how the Buy and Save got their sign up so high and the Secretary reported it was done before he was in office and he had no knowledge about it. The Secretary reported that he had talked to Chet Heltibridle. Distributor for the Texaco Oil Company, and he stated that 75% of their business at this station was from the U. S. 10 1 Highway. The Secretary also stated that Carlsbad and Oceanside have an excellent opportunity to attract business of the Freeway and business has increased in both cities since the new Freeway bypasses San Clemente, making it difficult for tourists to stop at San Clemente. Commissioner Kistler reported he was in the Texaco Station and two cars stopped off the Freeway to buy gas while he was there and then went down to Carlsbad town to eat. The public hearing was closed at 7:48 P. M. After a lengthy discussion among the commissioners regarding this sign, a motion was made by Commissioner Hughes and seconded by Commissioner Kistler to adopt Resolution No. 232 granting the request for this sign variance for the following reasons: 1. That the granting of this variance would result in improved business conditions in the business section of Carlsbad in that the sign in question tends to attract tourist traffic off the U. S. 101 Freeway and into the business part of town. 2, That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 3. To fail to grant this variance would be to deny the property owner the enjoyment of substantial rights possessed by other property in the same zone which is denied to the property in question. 4. That the granting of such variance will not be detrimental. 5. To deny the applicant the variance and to lower the sign to 35 feet from 57.06 feet, which height had been previously approved, would be to place the illuminated sign at a level that would constitute a traffic hazard on the U. S. 10 1 Freeway. The Chairman asked for a roll call vote. AYES: Chairman Grant Commissioners Davis, Neiswender , Kistler , Hughes, NOES: None. ABSENT: None. Jarvie and Ward. Resolution No. 232 adopted. Chairman Grant stated that he does not mean we condone this and some piece of correspondence sb~Zdd be sent that we have approved this sign, however, we are cognizant of the fact, and a letter of criticism should go to the applicant that this was gone about in a backward way and Texaco should be criticized. Commissioner Neiswender stated that he does notragree as he does not feel we should approve and then say they were wrong. Ke feels there should be more elasticity in the sign code. Commissioner Davis agreed with Commissioner Neiswen- der. The Building Inspector stated that the Commissioners should take initial steps to initiate the review of the sign code and install more flexibility. He stated that he had proposed uniform sign ordinance published by the International Conference of Building Officials. The Secretary stated that anybody in business knows that every incorporated city has their laws and they should contact the city to find out their ordinances when they come into a new town. A motion was made by Commissioner Jarvie and seconded by Commissioner Hughes that a letter be wrieen to Texaco Inc. , to advise them of the irregularity of this sign and that we are taking steps to see this does not happen again in the future. Five qyes and two noes, motion carried. The Chairman instructed the Secretary to write a letter in accordance with the motion. WILLIAM WINTERBURN, representing the PBR Sign Company, asked for and was given the floor; stated that his company built and erected the Texas Company sign, He explained their position and apologized for being late and not being able to present his company's position at the public hearing. Commissioner Jarvie stated that it would have been a hazzard the way it was. Old Business. "". -.-I_ There was no old business. Chairman Grant announced that the meeting on December 26 be adjourned until January 9, 1962. Chairman Grant asked C,ommissioner Neiswender to check with C. E. Pedley and bring a report to the Planning Commission in two months about the progress of the Parks and Recreation Commission. - -4 - New Business: Commissioner Jarvie feels we should zone property by the harbor and not wait far sewers a as there are several places with use permits there now. iie stated he would like to bring to the attention of the Commissioners the extention of Hoover Street down to the water. The City should have the street down there before summer and it is the only place in that vicinity owned by the City. - Ohairman Grant appointed Commissioners Jarvie, Neiswender and Hughes to a committee to investigate this. There was a discussion among the commissioners of property along the freeway. Commissioner Hughes reported that the first mention of a service station at the corner of ‘Pi0 Pic0 and Tamarack was when Mr. Pharr stated he heard it was to be a service station. Mr. Geil said they did not say anything about putting a service station in, and had no intentions of doing so. Chairman Grant reported there was no C zone east of Pi0 Pic0 Drive. Commissioner Hughes stated that the reason for Mr. Geil wanting to rezone this property at this time is so the people buying the surrounding property would know of its zoning. The Secretary stated that the people would not know about the C zone and it would not be part of a subdivision and therefore would not appear in the subdivision report that is issued by State Division of Real Estate. Adjournment: By proper motion the meeting was adjourned at 9:OO P. M. _I_ Respectfully submitted, 3-. ~H. PRE~, Secretary