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HomeMy WebLinkAbout1960-09-19 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA September 19, 1960 An adjourned regular meeting of the Planning Commission of the City of Chula Vista was held at 7:00 P.M. on the above date in the Council Chamber at Civic Center with the following members present: Stevenson, Comstock, Weakland, Stewart, Harmstead, Adams and Guyer. Absent: none. Also present: Director of Planning Fretz and City Attorney Kugler. APPROVAL OF MINUTES: It was moved by Member Stevenson, seconded by Member Harmstead and unanimously carried that the minutes of the meeting of September 7, 1960 be approved, copies having been mailed to each member. CONDITIONAL USE PERMITS PUBLIC HEARING.- Leonard Lee - 561 "G". Street. - Insurance Office in Apartment Unit The application was read requesting permission to operate an insurance office in an apartment unit at 561 "G" Street, an .R-3 zone. A plot plan was submitted showing location of- two apartment buildings on the lot and provision for off-street parking. This being the time and place as advertised, Chairman Stewart -opened the hearing. Mr. Leonard Lee stated that they plan to request permission to indent the curb, for diagonal parking on street in front of the property which would provide four ad- ditional spaces. He stated that parking would also be provided on the lot to the west, which is zoned commercial , and that each of the apartment units have a parking space. There being no further comment, the hearing was closed. Planning Director Fretz stated that he isn't so concerned about the land use of adjacent property, but he is concerned about .the mixed commercial and residential use of an.apartment.building and the precedent that would be established. Member Adams questioned use of parking on street to meet requirements for parking for the insurance office and stated that -affirmative action should stipulate that five spaces be provided on the commercial lot to the west. Member Stevenson stated that use of an apartment unit for'an insurance office might not be so objectionable if all the units were used for commercial purposes b.ut that he feels the two uses proposed are not compatible as required by ordinance. It was moved by Member Stevenson and seconded by Member Adams that the request for "conditional use permit to allow the operation of an insurance office in apartment unit at 561 "G!' Street be denied in that - it is not compatible with zoning in the area and with the use currently made of the property. The motion carried by the following vote, to-wit: AYES: Members Stevenson, Comstock, Weakland, Stewart, Harmstead, Adams and Guyer NOES: none ABSENT: none VARIANCES PUBLIC HEARING - D. E. and Katherine Schatz -.265 East Moss Street - Height Variance The application was read requesting permission to construct a. five foot fence within the setback along Moss- Street. A plot plan was submitted showing the lo- cation of the dwelling on the corner lot and the prsposed location'of the fence. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Schatz stated that it would not benefit the property by having- 8 six foot fence on the setback line, because of the difference in grade level of the back yard and the sidewalk. He stated that a five foot fence three .feet inside the sidewalk, as proposed, would be five feet higher than street level but five to eight feet higher than the ground level of the backyard. Member Adams stated that we need to be sure of exceptional circumstances when granting a variance similar to this one because affir- mative action might set a precedent. Member Stewart stated that he would like to see the property and that it appears that there might be exceptional circumstances be- cause of the topography. It was moved by. Member Comstock, seconded by Member Guyer and unanimously. carried that the hearing be continued to October 3rd, 1960. MISCELLANEOUS Approval of Church Site (cont.) - Firsts Southern Baptist Church. - 1102 Oasis Avenue Planning Director Fretz reviewed the matterstating that it had-been continued to allow the church time to contact neighbors. He stated that the Safety Council had considered the request and had recommended approval. of the site on a temporary basis. He stated that they believed parking for the expected size of the congregation could be handled on-street. A letter was read from the -Fire Marshal recommending certain changes, in the event approval is given. City Attorney Kugler stated that because the Planning. Commission had in the past approved church sites for a period of time, this request may be considered, but that in his opinion the ordinance does not now provide for approval of a temporary site, and if the Commission desires to continue the practice, the ordinance should be amended. Mr. Terry Young, Pastor of the Church, submitted 24 statements of approval signed by the neighbors, all within 300 feet of the subject property. Member Adams stated that when he talked with the neighbors to the south, they stated they did not object to the use but feel that a fence should be constructed between the two properties. Director of Planning Fretz stated that Section 13. 12 of the ordinance does requ,i,re that churches have a 10 foot side yard. He stated that ap- proval could be conditioned upon the building meeting all requirements of the Zoning Ordinance. It was moved by Member Stevenson, seconded by Member .Harmstead and unanimously carried that the request of the First Southern Baptist Church for approval of a temporary church site at 1102 Oasis be approved subject to the following conditions: 1 . Compliance with recommendations of the Fire Marshal . 2. That the location .be approved for use for a two-year period. 2 - 3. Subsequent application for and approval of a variance for sideyard setback reduction, if needed. 4. .Construction of a 6 foot fence between the site and adjacent properties. PUBLIC HEARING (cont.) - Ordinance Limiting Use of Front. and Side Yards Chairman Stewart reviewed the proposed -ordinance and action of the previous meeting. Planning .Director Fretz submitted a chart showing the results of contacts with 17 California cities concerning control over parking or placing objects in front and side yard setbacks. This being the time and place as advertised, Chairman Stewart reopened the hearing. Protests were heard from Mr. Elmer Worthy, Glendale, President of Travel Trailer Clubs of America; Jack Lester, South Bay Rod and Gun Club; Jake Tonrey, from Trailer Times; Giles Wilbanks , Federal Employees Rod and Gun .Club; Lucky Miller, San Diego Chapter of Travel . Trailer Clubs of America; Al DeZort, , 160 Third Avenue; Will. Facto, 142 "1" Street; H. E. Cutler, 934 Monserate; Andy Anderson, 201 First Avenue; Fred Hackenberg, 853 Riverlawn Avenue; John Schroeder, 691" Fig Avenue and Rute DeJarnett, 738 Brightwood. Thdir comments were that: the ordinance ignores the fact that many back yards are not accessible for parking trailers; that owners of boats and trailers have a big investment and such -an ordinance would prohibit use of the boats and trailers; indiscriminate parking of commercial trucks on street and in front yards is more objectionable than trailers and boats and should be prohibited; that unless the ordinance also prohibits "parking of trucks and campsters in front yards, it is dis- criminatory; it might be possible to prohibit any.boats or trailers purchased after effective date of the ordinance from being parked in front yards. The Commission discussed the possibility of allowing time, if the ordinance is adopted, "for boat and trailer owners to obtain parking space. It was agreed that the Safety Council , Police .Department and Fire Department have an interest in the ordinance and should be asked for recommendations. Member Harmstead stated he believes the ordinance would work a .hardship on those people who have limited access to the rear and side .yards and that, under such circumstances, parking within front .and side yards should be allowed as a non-conforming use. It was moved by. Member Guyer that the matter be referred to the Safety Council , the Police Department and the Fire -Department for their recommendations; that the staff and interested departments study the ordinance further and . it be returned to the Commission in November for consideration. 'The motion was withdrawn. Member Adams stated that he believes the owners of trailers and boats should be given six months to arrange to meet the requirements of the ordinance. Member Stevenson. stated that the ordi"nance should be sent to the Council as soon as possible so that the matter may be settled. RESOLUTION NO. 188 - Recommending to City Council .Amendment of Zoning Ordinance To Limit -Use of Front and Side Yards Offered by Member Comstock, passed, adopted and approved by the following vote, to-wit: - 3 - AYES Members=Comstock, Stewart, ,Adams and Stevenson NOES: Members Weakland, Harmstead and Guyer ABSENT: none It was moved by Member Comstock, seconded by Member Adams and unanimously carried that the Planning Commission recommend to City Council that they refer the ordinance to the Safety Council , Police Department, Fire Department and City Engineer for their views. Appeal from Planning Commission Denial of Zone Change - 750 Third Avenue - Dr. F. Streib R-1 and C-1 to C-1-P The Planning Commission findings on the application for zone change w6re read. It was moved by Member Guyer, seconded by Member Stevenson and unanimously carried that the Planning Commission findings be forwarded to the City Council along with the appeal . San Diego County Planning Congress Planning Director Fretz stated that the fall meeting of the Planning- Congress is being held at Mission Valley Inn on Monday, September 26, and those members going should meet -at the Civic- Center at 11 : 15 A.M. Oral Communication Gene McMillin - 97, 111)" Street Mr. McMillin appeared and-asked the Planning.Commission if permission could be granted to him to use a home built on an .easement to 97. 111)" Street, prior to completion of construction of improvements which were required- at the time the variance was granted. Member Adams reviewed the variance and stated that Mr. Mc Millin had gotten into difficulty because he had not contact-6d the owner of the easement to be used, before it was sold. Mr. McMillin stated that the new owner will not cooperate with him in his attempts to improve the easement and that his attorney has stated it will be another year before court action can be •had as to whether or not Mr. McMillin has prescriptive rights to the easement. He stated that he is requesting permission to use the home now because vandals are doing considerable damage to the property. The -Commission directed that the Planning Director check with the Building Inspector and possibly Mr. Bendickson, ,Mr. McMillints attorney, to see whether something might be done to allow the house to be occupied, and the matter placed on the agenda of the next meeting. ADJOURNMENT It was moved by Member Adams, seconded by Member Guyer and unanimously carried that the meeting adjourn sine die. Respectfully submitted,, Audrey S nehouse, Secretary