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HomeMy WebLinkAbout1961-09-18 PC MINS MINUTES OF AN ADJOURNED REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA September 18, 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 an d City Attorney Duberg: VARIANCES PUBLIC HEARING - Tony M. Silva - Northwest Corner of Davidson and Second - Setback.Reduction The application was read requesting reduction in setback from 25 to 20 feet along both Davidson and Second Avenue, to allow construction of a single-family dwelling. Planning Director Fretz submitted a plot plan showing the proposed building and setbacks on adja- cent lots. This being the time and place as advertised, Chairman Stewart opened the hearing. A letter was read from Mr. and Mrs. Alfred Lansley, 198 Lansley Way, recommending that the variance be granted. There being no further comment, the hearing was closed. Chairman Stewart stated that he does not object to the variance, it is not unusual that variances be granted reducing setbacks on corner lots and the setback on Second Avenue, south of Davidson, is established at 20 feet. It was moved by Member Adams and seconded by Member Weakland that the application submitted by Tony Silva for setback reduction along Davidson and Second Avenue from 25 to 20 feet be granted and the findings be as follows: 1 . The exceptional circumstances are that the 25 foot setback.on Second exceeds that on the west side of Second Avenue south of Davidson and a 25 foot setback on both streets of a corner lot absorbs a large portion- of the lot area. 1 2. Without the granting of a reduction of setbacks, the owners will be deprived of a substantial property right. 3. No objections were filed, therefore it appears the variance will not be materially detrimental to property or improvements in the area. The motion carried by the following vote, to-wit: AYES: Members: Adams , Guyer, Stevenson, Comstock, Weakland and Stewart NOES: none ABSENT: none PUBLIC HEARING - S & M Nursery - George Masumoto & Shigenori Tsurudome - 841 Broadway - Expansion of Non-Conforming Use and Setback Reduction The application was read requesting permission to construct a "plastic" house, similar to a green house, and within two years , a storage shed, on R-1 property at the rear of 841 Broadway, an expansion of a non-conforming use. The application also requested reduction in setback along Sierra Way from 25 to 6 feet. Planning Director Fretz submitted a plot plan of the property, showing depth of .the commercial zone, existing buildings on the pro- perty and R-1 lots to the south. This being the time and place as advertised, Chairman Stewart opened the hearing. He questioned whether the Zoning Ordinance makes provision for expansion of non-conforming uses with a variance, noting that the ordinance specifically states that a non-conforming use cannot be expanded. City Attorney Duberg stated that the provision in the ordinance prohibiting the expansion of non-conforming use is there to control the use. He stated that the Commission may grant a variance to allow expansion, if they can show unusual cir- cumstances. Mr. Masumoto requested that the application be amended to eliminate the statement that the "plastic" building will be dismantled when not in use. Mr. Fretz asked Mr. Masumoto if the proposed building could be located in the commercial area. He replied that they didn 't want to d'o this; that it would necessitate extending water pipe too far. . It was noted that several adjacent property owners had signed the application approving the variance. Mrs. 0. L. Blue, 825 Broadway and Mrs. Sengritt, owner of property to the north, stated that they believe the use of the property as a nursery is in keeping with wishes of the neighborhood. There being no further comment, the hearing was closed. Member Stevenson stated that the difficulty is to find exceptional circumstances about the $roperty to justify a variance. Member Comstock noted that the operation is very clean and will thus not be detrimehtal to the area. Chairman Stewart stated we must consider the possibility of a precedent being set; that there are other non-conforming uses that could very well be objectionable if allowed to expand. Member Adams stated that he doesn 't believe there are any exceptional circumstances. Member Guyer asked the staff's opinion and Planning Director Fretz replied that many ordinances now have abatement clauses for non-conforming uses , the time for abatement based on a period of time that allows a reasonable period of amortization of the invest- ment. He stated that basically non-conforming uses are not in agreement with the zoning plan and that unless there are exceptional circumstances about the property, non-conforming uses should be eliminated , not allowed to expand. It was moved by Member Stevenson and seconded by Member Adams that the application for expansion of non-conforming use and reduction in setback along Sierra Way be denied in view of the fact that there are no exceptional circumstances about the property to justify the granting of a variance. The motion carried by the following vote, to-wit: I AYES : Members: Stevenson, Comstock, Stewart, Adams and Guyer NOES: Member Weakland ABSENT: none Chairman Stewart asked what percentage of zoning ordinances include abatement clauses. Planning Director Fretz stated that most new ordinances , within the last 5 to 10 years , have abatement clauses. Chairman Stewart stated he believes abatement clauses should be included in our study on the zoning ordinance. MISCELLANEOUS Staggered Setbacks Planning Director Fretz reviewed the resolution prepared as directed at the last meeting, that would provide for setbacks .to be 15 feet in new subdivisions , when there is sufficient space between the garage and street to park an automobile without overhanging public property 2 - s Chairman Stewart stated that he feels it should be a part of the ordinance ratFe r than a resolution of policy. Planning Director Fretz stated he would prefer to wait until we are ready for a substantial amendment before the zoning ordinance is amended. The Commission discussed the significance of the resolution and City Attorney Duberg stated that the.r-e is no legal significance, it is just a policy of the Planning Commission that with recommenda- tions to the City Council , setbacks be established at 15 feet if sufficient space is allowed to park an automobile. RESOLUTION NO. 217 - Staggered Setbacks - 15 Feet In New Subdivisions Where Sufficient Space is Allowed Between Garage and Sidewalk to Park Automobile Offered by Member Stevenson, passed , adopted and approved by the following vote, to-wit: AYES: Members: Stevenson, Comstock, Weakland, Stewart, Adams and Guyer NOES: none ABSENT: none League of California Cities Conference Planning Director Fretz gave the hotel reservations to the members of the Commission attending the League conference in San Francisco in October. He explained that advance registration for the conference will need to be submitted and that the staff will request registration for those who have riiade_-hotel reservations. San Diego Gas & Electric Company Planning Director Fretz reported that the Gas & Electric Company had invited the Harbor Commission and Planning Commission to tour their facilities and become familiar with plans for future development. He stated that the tentative time is 6:30 P.M. , September 27th. Secret Meetings Member Adams quoted from an article concerning the anti-secrecy meeting-- laws and asked whether meetings of the Commission to discuss planning in general would be allowed. City Attorney Duberg stated it wou1d be very hard to have a meeting without some action being taken, even though it may well be only a "silent agreement" on policy. Chairman Stewart explained that in the past th-- Commission held a series of meetings to discuss planning in general , not a particular problem, in order to learn more about planning functions. City Attorney Duberg stated that such meetings could be held as long as the Planning Director gave a talk on planning in general and there was no discussion by the members. Chairman Stewart stated that he can see nothing objectionable about having these discussions at scheduled meetings. ADJOURNMENT It was moved by Member.- Weakland, seconded by Member Comstock and unanimously carried that the meeting adjourn, sine;, die. Respectfully submitted, Audrey S nehouse Secreta - 3 -