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HomeMy WebLinkAbout1971-06-08; Planning Commission; Minutes. CITY OF CARLSBAD MEETING OF: PLANNING COMMISSION DATE: JUNE 8, 1971 TIME: 7:30 P.M. PLACE: CITY COUNCIL CHAMBERS ROLL CALL: City staff members present: J. E. Spano, L. A. Moe, R. S. Osburn, E. J. Olinghouse. APPROVAL OF MINUTES: The minutes of the regular meetings of May 11, 1971 anc May 25, 1971 were approved separately since all of the Commissioners were not present at the May 25, 1971 meeting. Minutes of the regular meeting of 5/11/71 were approvec as corrected by unanimous voice vote. Minutes of the regular meeting of May 25, 1971 were approved as submitted, by proper motion and voice vote approval. WRITTEN COMMUNICATIONS: None ORAL COMMUNICATIONS: MR. ROBERT L. MEANS, 3955 Holly Brae Lane, stated he wished to submit a letter to the Commissioners to strongly urge support of the "Planned Community Develog ment Concept" in developing our city. Mr. Means feels this type of development has been proven to be effec- tive in many areas enabling the maximum "yield" from the land, yet preventing the crowded look of the typica subdivision. He further stated that with the rising costs of construction, and the increasing shortage of available land, this is the only economically feasible way in which new developments in town can be accomplish After effectively discussing the arguments against this type of development, Mr. Means concluded by saying Carlsbad is at the point of being overcome by stagnatic in its growth. He urged the people of Carlsbad to make a place for all types of developments. efforts, and observations and asked for copies of his letter to be sent to all the Commissioners and City Councilmen. Chariman Little thanked Mr. Means for his time, PUBLIC HEARINGS: (a) Continued - VARIANCE - To consider allowing front and sideyard setback reductions at 2601 Ocean Street, on West side of Ocean between Cedar and Beech Avenues; Applicant EINAR G. MO. Mr. Olinghouse introduced the staff report of 5/21/71. The technical report covered the particular situation re setbacks existing in this area of Ocean Street and the applicant's desire to build a 3-story, 6-unit apartment unit on his property. This report recommended the denial of request for variances in front yard setback from 20 to 1.5 feet, and sideyard setback from 5 to 3 feet based on the following: (1) Ocean Street is inadequate to handle existing traffic circulation; (2) An extreme fire hazard exists in the Ocean Street area because of inadequate kater supply, COMMl SSIONERS Present Absent Motion A yes Abstained Ayes Abstained 7tmmmF= d. CITY OF -2- CARLSBAD poor access to properties, and narrow streets; and (3) Variances for less than five (5) feet present a multi- pl i ci t y of problems. The applicant, MR. EINAR G. MO, 2601 Ocean Street, presented a chart to show Commissioners the location and arrangement of buildings on Ocean Street adjacent on either side. He presented this map to show the deviations in front yard setback of the buildings next to him. He stated that because of a swirl in the stree in front of his property, he is actually farther back than the buildings next to him. Mr. Mo answered furthe questions of the Commissioners at that time. The secretary read correspondence dated 5/24/71, from Raymond S. Mullen, M.D., stating he had no opposi- tion to such side and front yard reductions as they would not adverse.ly affect his property near subject parcel. He added the full utilization of these expen- sive lots, with the existing reduced setbacks elsewhere on such street, wa's desirable for all property owners there. He also mentioned certain deed restrictions existing on Ocean Street in this general area, estab- lishing the frontage line which would be maintained by said applicant. The secretary read a note written on a Notice of Proposed Variance by Irma Algover and Charles K. Algove 2650 Ocean Street stating that they support Mr. MO'S application. After further discussion, Chairman Little closed the Public Hearing and asked for the Commissioners to state their opinion. Mr. L. A. Moe discussed the ordinances relating to modification of front yard setbacks and informed the Commissioners they had the discretion to do whatever they wanted, either to deny it altogether or grant the request altogether or partially. Mr. Moe stated that he found no legal justification under the criteria of the ordinance to permit a sideyard variance, but the Commissioners could grant a sideyard variance without any adverse effects legally. Chariman Little disagreed with a sideyard setback because of fire hazards. He further stated that set precedence in the area precludes them from denying some setback on the property. Commissioner Dewhurst asked Mr. J. E. SPAN0 ofthe Engineering Department if there were any plans to improve the street in the future. Mr. Spano informed the Commissioners that the City has a 40-foot .right-of- way on Ocean Street, but there were no plans to improvt the street. He further stated that a 4-foot front yarc setback was an absolute minimum. Commissioner Palmateer added that there were some unusual factors involved since this would be a multiplt use of the land, but felt that the frontyard setbacks of not less than 5 feet should be granted and sideyard setbacks should comply with areas further south,so as not to set a precedence. COMMISSIONERS /* 14 h COMMISSIONERS CITY OF CARLSBAD -3- Commissioner Jose reminded the other Commissioners of Chief Anear's talk re inadequate fire protection in that area. He agreed with Dr. Palmateer re sideyard setbacks, and said a front yard setback of less than five(5) feet would set a strong precedence which could create problems. After further discussion and questions, a motion was made to adopt Planning Commission Resolution No. ' I 709 granting the variance on property located between Cedar and Beech Avenues, on the West side of Ocean Street, for reduction in front yard setback under the conditions that the setback granted be for not less tha five (5) feet and that a future agreement be entered into with the City for street improvements to be sub- ject to approval by the City Engineer and that the existing storm drain shall not be disturbed but can be relocated if necessary at the owner's expense and with the approval of the City Engineer. NEW BUSINESS: MR. RICHARD S. OSBURN, Director of Housing and Building for Carlsbad, presented two memorandums to the Commission. In the first memorandum, Mr. Osb-urn asks the Commission to consider amending Section 16.22, City Zoning Ordinance 9060 because he fee.ls the code is not in the best interest of the city or the property owner and that this section would be unenforceable in any court or before the City Council. This section require that in any "R" zone, no fence, wall, or hedge over 42" in height shall be permitted in any required front yard in the required sideyard or the street side of ei@her a corner lot or reversed corner lot. Mr. Osburn showed some slides which illustrated the problems of attemptin to enforce this section. A motion was made to have the building, planning and engineering department conduct a study on this problem and present a report at the second meeting in July. The second memorandum presented by Mr. Osburn re- quests that the Planning commission consider an amend- to the "R" zones requirement, Ordinance 9060 on Animals and Pets. The present zoning ordinance says that horss and chinchillas are the only animals allowed and only if you have 10,000 square feet or a combination of lots that would have the necessary footage. Mr. Osburn pro- posed an amendment to be made to our present zoning ordinance that would change the 10,000 sq. ft. or com- bination thereof requirement to zoning of 12,000 sq. ft lots or larger in R-A or R-1 zones. Chairman Little commented that he felt the ordi- nance needs clarification, and that a report should be submitted by the departments involved. A motion was made that the City staffs conbine their talents and MOTION AYES NOES ABSENT MOTION AYES NOES ABSENT c h CITY OF -4- CMLSBAD review this section and memorandum and make recommenda- tions as to how the building department should have more control in this area. OLD BUSINESS: It was decided to follow through with an adjourned meeting after the regular meeting on June 22, 1971, in the conference room for a work session on the continued items. Commissioner Dewhurst asked that a progress report on sign ordinances be ready at that time with statistics showing how well the changes have worked. COMMITTEE REPORTS: None ADJOURNMENT: By proper motion, the meeting was ad- journed at 9:20 P.M., with unanimous voice vote approvii Respectfully submitted, MOTION AYES NOES ABSENT MOTION . AYES NOES ABSENT COMMl SSIONERS X X 1 .. -