Loading...
HomeMy WebLinkAbout1967-08-22; Planning Commission; Minutes* c I D I I D I PLANNING COMMISSIC I Au ust 22, 1967 7:!0 P. M. Co.unci1 Chambers : Member I ;ROLL CALL was answere'd by Commissioners Smith, ;McComas, Palmateer, Little, Jose and Voorheis. ? :Commissioner Sutherland was absent. Also present i :were City Attorney Wilson, Chief Building Inspectofc :Osburn, and Assistant' Planner Johnston. D I :APPROVAL OF MINUTES: Smith !(a) Minutes of the regular meeting of August 8, Palmateer : I !xi ; ; j1967, were approved as submitted. : Little : I :x; I II I D 4 l D I : McComas i( I :x: I DD I ! ; jx: ; : I D : V6orheis ; I .;xi D 8' : ; I D :1;;0 :;'::: I D l;;ll: D I 1.1 : i ; :(a) .Count,y of San Diego - re: Invitation to I ? :; ii:: !Public Hearing to Discuss Proposed Improvement of i DvD*:D :; :El Camino Real, September 8, 1967, at 2:00 P. M. : !in Carlsbad City Council Chambers, was read and i 1.: ; ; I ; {::;:; :acknowledged. I D :::::D '* I D ::'Di: i(b) Preliminary San Diego County Regional .General: ::ii:: !Plan. Memorandum dated August 22, 1967, from the : IDID;: :::DID :Planning Department stating that Councilman J. E. i !;I:'D Dl !Jardine, City of Carlsbad delegate to the Policy : ,I::;: ;Coordinating Committee for said General Plan, has i irequested the Planning Commission to study and :I :have available for the September 19, 1967 Council :meeting, their comments, both positive and nega- ; j;:::: itive, pertaining to said Plan. D !Discussion was given to the fact the tentative :;::;; :planning is' very general and should be considered ; !carefully, that comments will have to be made at I :the next regular Planning Commission meeting in ; jorder to forward them to the Council meeting of : :$;: :September 19, 1967; and that the-Planning Depar-tmebt :;;;:; !should give a briefing on this matter to the Com- ; i!;:j; :mission . D D l-:;; ;l:DID I D ; ; 1.1 !Vice-chairman Little directed Mr. Johnston to studb ,I:@;: jand report his comments to the Commission as soon ; i::::: ;as possible in order to help them with their deci-i jsions on this matter. D b ;:Ds:l :(*a a: I Dl!::: :ORAL COMMUNICATIONS: I ;; I' I -/:;q .I I I ::::i: :There were no oral communications. t I ::::;I I ::#:I: I ::pi: I ::D::: .: 1 ; : : : D': I ;,:;:! ::::I; ;!I:;: :'::I: . the Easterly one-half of Lots 21, Seaside Lands, ; ;::;:: #:;l;l D l i:::*: ::::i; *::;,; I::::: I ;:;::: I D ;::i:i D D ;::;:; D I : : : 1': D D I 1 ::I:;: *I::o; D D D ;:;*:a I 8I;l; I :!!D!I I1 I 1 I D -' - Jose #I 11 i WRITTEN COMMUNICATIONS: 3 D I ;e:::; I D i;:::: I ii:: -;i:;;D D :::i:: i!;;!; :: i i ;-: I* DDD#,: D.::;;; D D I - ':::D: ::ID:: I D:;::: ::;::: I#:*' D l I D I . !PUBLIC HEARINGS: i (a) RECLASSIFICATION, continued - To consider a ! :zone change from R-P to C-M (Heavy Commercial- !Limited Industrial Zone) on Westerly side of Roose; iv'elt St. between Laguna Dr. and Beech Ave., being :Map 1722. Applicant: Frances M. Peachey Reese. i !Letter dated August 17, 1967, from Mr. Russell .W. I IGrosse, Attorney for the applicant, requesting I I l:::DD ID ; that"th'is h.earing be cont'inuei! .to September 12, i :;I::: 1967.. D D 14":* D:;I:I 'D ' I D .; D I D I I I D .. I "lI1 .D I ;l#'ll t D I D I I I '8 I I *.\'\~\'\'\'~\ I I I t I ., ', ' ', '\ t I \ .' ', '\ ', '.,'\, I I I -2- *, ', *\ '\ \ * I : t\: ', 'A?, 'b .* $74. I I ' '?$. ; I : of '*,..%:, '.\ y;;,, ; ;@'vv., ! bternber .$:<p,?;.q:&~ I ,"""""""""""~"".""""""""""""""""""""""""""""""""""",""~ .o **o ..e\? ",d\ I : : ;x: ; ; I i Palmateer I :x: : ; I I : i ;x; ; : I : Jose I ;x: x; ; : 1 { Voorheis z: I i ; ; I 4 ::,I:: IS# L b I I I I I 1 I - 1 ?I :A motion was made to continue the hearing on this I Smith 1:: :application to September 12, 1967. : McComas :a ; ;x: I I 1:: I : Little 'SI I 1 I1 I I b i(b) VARIANCE - To consider a reduction in the I t4;::: ;ll;la i Northerly side yard setback from 7 1/2 feet to one! 1 1 ; ;foot at 3800 West Haven Drive, on the Easterly i ::I::: :side of West Haven Drive, South of Skyline Road. ; 1:: :.;; :Applicants: Richard P. and Bernice C. Harris. :. :dl ,*l;tA ; ;.; 1 I I I I 11;:;: i Notice of hearing was read. Secretary Palmateer I::::: I certified that property owners in the area were ; ;:::I: I notified of the public hearing and then read the : 1 :-; i ; : :application and signature of an adjacent property lsl~:: :;!::: :owner approving this variance. A picture taken b$ :;*::: :the Planning Department was presented to the Corn- : ::::;; i mission. * 'I!;+ I I I +*:: I e. I:'::: !Mr. Johnston explained the location and size of ! ::I(:: 1 ;'I1 :the property and the variance requested. He then : 0:i:;; reviewed his written report on the facts resulting! :;I;;; ;from staff investigation of the property. I. 8. ~;:;l~ IIII#l I I ;la: I I ;:#;:; !The Chairman questioned the Building Inspector i l:;t;' iregarding the building permits. :;t:e* I 1 ::;;:1 e: I i::;;; 18 :The Building Inspector explained that up to 1956 i ithere were practically no records kept of building: :a*:;; : permits issued, 'and that between that time and th6 ;::;I; !time he went to work for the City only part of the: I:,::; ::;;:I :records were found. The former building inspectoe ::;I:: was hospitalized and died before they could go : ::;::: ;over the records. I I *'I;: ;l.a;l* e I :!!;:; !The Chairman announced the Commission would now : i::.;: 1;::: : hear from the applicant or his representative and i !i;;:; i any others wishing to speak in favor of this app1i:- 'I I 1 ; cation. ; ; :,I : : I *I; I b ::i::, 1 i ;.: ; : :MR. RICHARD P. HARRIS, 3800 West Haven Drive, D l '4ii.I i stated he was in the Marine Corps at that time, ::;* : and had a friend present at the hearing to verify: .. II*;ii ill .i that the former building inspector, Mr. Ratcliff,: i;p:: : had checked the building construction from time td ;I;::I 1;' 1; i time, which was built piece by piece according to i ":;: ; when they had money available. He beljcved the i ::;;;; :::;,I 'I : family room was finished around 1960. 8 :';I:: I I I ;;I *:I;#; I : When questioned regarding the drainage from the i I I ; : ;.: ::::{! roof and depth,bf the wail, Mr. Harris stated that; tthe water drains towards the Bratton property to i I::;,; ::;;:; the south, and that he had to dig out about 15" ; ;::;:; : from the retaining wall in order to install a -. * 1 ;::*:I : 1;;:;: sprinkling system. I I :;:::: I ::;:;: i No others present spoke in favor of this variance.! ii@i. I I ';::I;: The Chairman announced the' Commission would now :i:iii i hear from those wishing to speak in opposition to; I ;:;;;: 11 ; this matter. ' I:;,;: 0 I :;;::: I : ; ; :-; : l I a I :;:.:;: I 1 :;;::: I * :;::;: I 0 :;;::: 1 1 :;':': I :t:::; 11 '1 I I I I I r I 8 .I I 1 I -8 I t t b I I ::::;: I I I * I * I I I I I l;!l;* I I I .- ;MR. JOSEPH RYPAR, 3771 Skyline Road, stated he was: :told by the developer that the retaining wall whic)l ,s*;'I !was installed by the developer, Mr. Gallinger, was: ii::;; 1'4;; I the boundary line at the time he purchased his I I I 1:::,: ('(1 !property. He stated he was at Twenty-Nine Palms : ;a' !when the family room was built on the retaining :;:::: 11*:8 :wall. Now Mr. Harris is asking him to give up a ; ::':;: :foot of his property. I I :;:::: 1 I I hi:;; : :,,: I ; :MR. HARRIS stated that right after he purchased thk :::*:I I property, he had 4 large axles and welded an "88" ; :;:::: ::':I: :and pounded them into the ground and knows that thk ;l:'ts i boundary is roughly a foot from the retaining wall!. I,;tI i::::: I I 3;;B I It was the consensus of the Planning Commission : 111;:~ !that the exact location of the property line shoulb : :-: ; : :be known and that this was a legal matter. 1 :;:;;; I :;;::: I :::;:; 'I( !The City Attorney stated the variance if. granted i :::;,I i by the Commission would be granted in relation to ; :::I:: :the property line. If the house is over this line: ;;;;I' :::::I 1: i it would be up to the property owner to correct :::i:: ;this so it would not be closer fo the property 1 ink i::;:: :with the depthof the setback on the side yard. If: ii::;; :the structure or roof is over the other man's :I::;; I '::;I; i property it would be a matter for the two property! ::;I;, :owners to settle between themselves. If the struci- .::;:;: iture is on Mr. Rypar's property, Mr. Rypar could ; :;I:*: i::::: :take action against Mr. Harris or make a lot line i lI:;I' :adjustment. The City Attorney discussed the posslt - 1::::: I' : bility of the Commission wanting to consider a : iiii;; i reduction to a zero setback. i:::;: It 1 11~111 I I ;:::;; ! MR. HARRIS stated he did not realize before that i ::i::: the roof was hanging over on Mr. Rypar's property: ::::;; : and would remove that portion if it is on his P I::: neighbor's property. * I !!I 1:;: I I I I :l'*', ::::*; i When questioned whether there were many non-confoem- I1l';I : ing buildings already in existence, the Building : I : ;.I ;II::: i Inspector stated this was the only one he knew of: ;::*:I : in that area. It is not u.nusual however, in the ; :;,;,1 ::;: City of Carlsbad, as one property owner puts in a i ::;I): :#';I' ; patio slab and does not enclose it. Then the 8 I .. ;:'I:: : property is sold and the new owner encloses,the : *I;II' I:'::: i slab, without a permit. The lot 1 ines of properti -:;::;; : are shown on the San Diego County Assessor's Maps: ::i::: :;a::: in the City Hall, but the City staff does not go * :;::a: 'I : out to locate the property lines. If the license4 ;;;;:; ; surveyor makes a mistake, the surveyor is held ; ::;;:* : responsible. I ::;I :. i I I i;**:* :i:i : The Chairman asked the City Attorney if the vari-f 1:;:;; ! ance could be restricted to the life of the preseit :;I I: ; structure, and the City Attorney stated he felt. ; :;:!:e I i;::;: *: i that it would be very appropriate. 1 e :::;:; 4 I I I ::::i; #It I B I:':':. I I I I .":::; :::I;, 1 ::;:;: I ;11;*; I I # ;::;:; I ;:;';I I * : ; ;. * I I :i::,; I :::;,; I' I I 1 ;;:;;; 'I :;I;:' 11 I I I 1,;I': I I :41::: ~ ~~ I :::!:: i::::; *I* ::: '8 1 I I' I I '1 I 11 I I .p :than one foot. The Commission i.s only concerned s I II I :: ,- I ;: a * I * I I I I I *I I * I I I b *:;;:I I I I 1 B I I I * I I I t I I .. I I \\ *\ ', -.;\;, 1. I' I I 's '* I b 1 1 1 - .* ', '\ . ' I I- I I I I I I I - I \, ', 8, 's ,, '\ ', ', \\ . ' ., ', ' ', 'I '- P I -4- I I 0 I N a me \, ,4;,,-7 .$$, '. '\ '38 2% ' * : of \,-o. .:..:.." . Pip ' I I +;,:+. y;.;;.i.+> : ~""""""""""-""---"""""."""""""""""""""-"""'"""-"""""-""-,-"-~' I Member .o %@'..,?p ",d. I ;;;I:: IMR. JACK KUBOTA, P. 0. Eox 1095, stated he and his! :;;::: :wife were residents who viere notified of the pub- : I::;;: 11 t :1ic hearing, and that he had looked at subject I I :;I1 , !property, and the documents on file in the Planning *1;;:1 11 11:;:: ;Office. He was ~ot objecting to the situation or : !::811 11 :one faot setback, but H:,S concerned whether his i 1:;::: ioxn neighbor could build up to his property line. ; ::::;: :'I::: Ne was concerned with the eaves dropping on the ; ::;*I4 !neighbor's property if granted a one foot side /I;;@ I ; : 8.1 1 : :yard setback. He was satisfied in his own nind : :*I* :;I:;: :there was no problem, but would be concerned with i 1I;;lt :::I:: :the omission of facts. He repor,ted doing some I *I1'b* :building within the last six months and that he I ::;I:; :had to take the plans back and make the changes in: ::I::: Ill:;; $he manner prescribed by law. ::;I,+ #lo:;; :The public hearing was closed at 8:26 P. M. I ::;;,I !Commissioner PalElateer questioned the City Attornei I&:: :on whether the Commission had 20 days to act upon ; **181; jthis matter, and the City Attorney reported this i !:::;; :was true, and the Commission could ask the appli- ; 'I:;;; !cant to furnish a report from a licensed surveyor,: ::::I; ithe Commission to consider. He stated there was i ::I::: :the possibility it might be necessary for the ap- ; ::':;: !plicant to amend the application and submit a new : 18)*tl :application and ask for a side yard setback to i ::;I:: 'I#;Il :zero :*It;: ll:l:; :After further consideration a motion was made to !Smith :to :continue have the this lot hearing line surveyed in order and for a the report applicant made by: iMcComas Palmateer !< : ! i i !a licensed surveyor showing where the lot line is ;Little !X; , : !in relation to the building and overhang of the ;Jose :building, footing and wall. I I iVoorheis I i ('II :x{ ; i !MR. RYPAR questioned the City Attorney on whether i IiI:ii !new notices \I;ould be sent, and the City Attorney ; i;;::: :stated that if a new application is filed the new i 11#11( jnotices would be sent. *I#*I( !OLD BUSINESS: 1 :::;I; ::::I; :regular meeting. I ;I, I I .iI ; ; : { I I I .:;;:;: i(b) Sign Study was continued to the next regular 1 ::I::: Feeting. I i;::1: kc) Proposed Tree Planting Easements in' Subdivi- i l:;ll isions. Letter dated August 22, 1967, from George ; ii::;: 'I $. Bishop, Governmental Right of +Jay Supervisor of: :::;;: :the San Diego Gas & Electric Co. asking that the I ,::::;: !presentation requested regarding this matter be ; ::'I:: ::;::: ;continued to the September 12 meeting, as Mr. Ted i :Richmond, who initially spoke on this subject, has: . .. i:;:;: e. been on vacation. ;::;:; I ;:;@:I I I a:;:;: ::;:I: %he Commission agreed to cintue this matter to 1 .- ' I::' September 12, 1967, and Mr. Robert Baumgarten, I ::;*;; :San Diego Gas & Electric Co. representative, I 1 ;:;::I :stated he would convey this message to his immediate ;:;:I: ;:I:!: !supervisor. 1 I I : : I :.' I I ::;;:: I" ,:;::: I 6 I I ;I,::; I::;:; b I 1 I I I 1 I 6 ::I::; I 1 ;I:::: i;:::; 'I1( - ;if they wished, and present this information to ; :i;;:s I I 1' 1) I1 I* ::ii:: 1 I * I ;::;I: ; :x :x: i ; : ; ;xi i : i : :x; i i I 1:;::: I :;;:;: :I.:;; ,- I I I I I I I I :: .: . !(a) General Plan R.eview was continued to the next! - .. .. ;i:::1 ' iiii I .. 6 ;;:::: ;:::i: I1 8 I I I I ' ' I I iiiiii I I I I I :I#@:* I I I @I4${ :::I I I ~~ ." !laa*. I I I c I . 6 . ,r I I I I I I I I (""""""""""""'I"'-'"---"*-." I -5- I 1 (d,) Chamber of Commerce Bill - 5. The Secretary read the let .quested at the August 8, 1967 :meeting to Frank Kirk, Presid :Chamber of Commerce, on this jsion unanimously approved the ;and the Chairman directed the i NE\/ BUSINESS: :There was no new business. I I I I I I ADJOURNMENT: I I !By proper motion the meeting :8:38 P. M. I I I :Respectfully submitted, i DOROTHY M. "OSBURN I Recording Secretary I I I I I I I I I I I I 1 I I I l a I """ boar ter Y p1 ent matt let let was I I I I I I I I I I 8 8 I I I I I I b I 8 I I 4 I I 1 I I I * I I * I I I I I I I I I 8 ? I I * D D a I I I I I 8 8 I I l I I L