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HomeMy WebLinkAbout1961-10-16 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF -CHULA VISTA, CALIFORNIA October 16, 1961 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, Adams and Guyer. Absent: none,. Also present: Director of Planning Fretz, Assistant Planner Warren and City Attorney Duberg STATEMENT The Secretary of the Commission hereby states that she did post within 24 hours of adjourn- ment, as .provided by law, the order of the Planning Commission for the adjourned meeting of October 16, 1961 . APPROVAL OF MINUTES It was moved by Member Stevenson, seconded by Member Comstock and unanimously carried that the minutes of the meeting of October 2, 1961 , be approved, copies having been mailed to each member. VARIANCES PUBLIC HEARING - Apothecary Shop -- 501 Third Avenue - Setback Reduction The application was read requesting reduction. in setback along "H" Street and Third Avenue from 5 feet to 0 to allow construction of an advertising sign and a plot plan was submitted. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Harold Schauer, representing the owner, stated that if they are required to set back 5 feet, the sign would be in the way of the entrance from Third Avenue. He stated that the sign would be approximately 4 x 5 square feet, 12 feet high (to the bottom of the sign) and would overhang public property approximately 3 feet. Mr. Schauer stated that it would be a plastic sign, lighted from within. There being no further comment, the hearing was closed Member Comstock asked why the sign could not be placed away from the driveways on either the Third Avenue or "H" Street frontage, rather than on the corner. Chairman Stewart pointed out that the sign would then interfere with off-street parking. Member Adams stated that he does not believe there are exceptional circumstances about the . property to justify the reduction. Member Weakland stated that the use of the land - re- tail sales - requires parking and the sign installed behind the setback line would interfere with parking. Chairman .Stewart stated that he believes the ordinance states that excep- tional circumstances may apply either to the property or to the intended use. City Attor- new Duberg stated that this is a matter of interpretation by the Commission, not a question for him; that the ordinance does stipulate that the Commission must find that there are exceptional circumstances pertaining to the property or intended use thereof. Planning Director Fretz stated that he is concerned about the traffic situation in this location - heavy traffic, possibility of widening "H" Street east of Third Avenue, the school across the street and driveways close to the intersection. He stated that this is one of the problems that can be generated_by commercial zoning of property originally de- signed and developed f6r:-,resi:dential use; this lot has 5,000 square feet and has been de- veloped with the maximum size building which leaves an area not sufficient to provide adequate off-street parking. He questioned whether the Commission should grant exceptions to requirements to accomodate commercial development of these lots. Member Stevenson stated that he doesn ' t find any exceptional circumstances about the pro- perty. Member Weakland stated that the size of the lot is exceptional and that the City needs to help small businesses. Mr. Adams stated that if the Commission is going to grant variances each time they are requested, then the setbacks should be changed by ordinance. Mr. Schauer stated they could manage with. a 5 foot setback on Third Avenue if they are granted a 0 setback on "H" Street; that if they cannot put the sign on the corner they will loose two parking spaces. Member Comstock stated that the Commission has granted set- back reductions on corner lots in residential areas on the basis that two setbacks take up an excessive portion of the lot and that the same rule should apply in commercial zones - two 5 foot setbacks are excessive. Member Stevenson stated that the policy of establishing 5 foot setbacks in commercial zones is relatively recent; that the Commission had discussed 0 setbacks for commercial zones and had concurred that 5 foot setbacks would be better be- cause of overhangs. It was moved by Member Stevenson and seconded by Member Guyer that the request of the Apothecary Shop for reduction in setbacks along Third and "H" from 5 feet to 0 be denied in that the Commission did not find exceptional circumstances pertaining to the property to justify a variance. The motion carried by the following vote, to-wit: AYES: Members: Stevenson, Stewart, Adams and Guyer NOES: Members: Comstock and Weakland ABSENT: none PUBLIC HEARING - William Jensen - 87 "G" Street - Setback Reduction The application was read requesting a reduction in rear yard setback from 20 feet to 7 feet to allow an addition to the existing house. A plot plan was submitted showing a jog in the rear lot line. This being the time and place as advertised, Chairman Stewart opened the hearing. Mr. Jensen stated that hLs lot was laid out in 1953 and the jog in the rear line was necessary to add sufficient footage to the lot to therear to meet FHA requirements. He stated that because of the room layout, this is the only place the addition to the house can be made. Member Comstock questioned whether the 20 feet was sold off before or after the house was built and Mr. Jensen submitted a plat of the subdivision showing that these two lots were subdivided in this manner. Mr. George McLaughlin, 389 First ,Avenue spoke favoring the variance. There being no further comment, the hearing was closed. It was moved by Member Adams and seconded by Member Weakland that the request be granted for reduction in rear yard setback from 20 to 7 feet for the distance of the jog in the rear property line, and as shown on plot plan. Furtle r that action be based on the fol- lowing findings: 1 . There are exceptional circumstances in that the lot is irregular shaped, and the jog at the rear of the property prevents the owner from taking advantage of the full depth of the lot to accomodate the building. 2. From the foregoing it is apparent that if the variance is not granted the owner will be prevented from using a substantial portion of his property. 3. There were no objections by the neighbors so it appears that it will not be detrimental to the adjacent area. 2 - The motion carried by the following vote, to-wit: AYES: . Members: Adams, Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: none MISCELLANEOUS Tidelands Master Plan - To Be Set For Hearing Planning Director Fretz stated that the Harbor Commission and San Diego County Harbor De- partment had agreed to changes resulting from objections of the master plan and that the revised plan is ready to be set for public hearing. It was moved by Member Comstock, seconded by Member Adams and unanimously carried that the public hearing be called for November 6, 1961 . Planning Director Fretz stated that copies of. the revised plan would be made available to the Commission. Approval of Equipment for Home Occupation A letter was read from Dr. D. F. Fields asking approval of diagnostic equipment for use in a home occupation at 462 Parkway. Dr. Fields stated that he understands that his office can be located here and that only approval of equipment is necessary to practice chiro- practory as a home occupation. He stated that his practice is not the same as an M.D or Osteopath, that at the most he would have from 10 to 15 patients daily, all .of whom would come during the day and thatthe neighbors do not object. Member Comstock questioned whether this would be a legitimate home occupation and Member Adams and Stevenson agreed that as provided in the ordinance, the Commission passes only on the equipment to be used but that the occupation as described by Dr. Fields appears to conform to the home occupation definition. The Commission discussed operation of this type of business in a residential zone either as a home occupation, a transitional use or an incidental use and concurred that it could not be considered as either an incidental or transitional use. It was moved by Member Comstock, seconded by Member Adams and unanimously carried that the City Attorney report to the Planning Commission at the next meeting as to whether the practice described by Dr. Fields would qualify as a home occupation under the provisions of the zoning ordinance. "701" Program Planning Director Fretz stated that federal aid for planning is available through the State Planning Office. ' He stated that previously the federal government would participate on a 50/50 ratio with cities under 50,000 population and that recent legislation has increased this so that the federal government will pay 2/3 of the cost of master plan projects with th local government paying 1/3. Mr. Fretz said that the staff and the city administration will continue to look into the program and may have a recommendation for the Commission in the next few weeks. ADJOURNMENT It was moved by Member Weakland, seconded by Member Comstock and unanimously carried that the meeting adjourn sine die. Respectfully submitted , AudreyJSehouse, Secretary