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HomeMy WebLinkAbout1958-03-10 PC MINS MINUTES OF A REGULAR MEETING OF THE PLANNING COMMISSION OF TIE CITY OF ChIUT A VISTA, CALIFORNIA March 10, 1958 . The regular meeting of the Planning Commission was held on the above date- at 7:30 P.M. in the Council Chambers at Civic Center, with the following members present: Calkins, Stewart, Bendickson, Culnan.=:.. Also present: City Attorneys Kugler and Boyer, Building Inspector Grady and Associate Engineer Manners. Members Absent: Byron and Armstrong. APPROVAL OF MINUTES It was moved by Member Culnan' seconded by Member Bendickson and carried that the minutes of the meeting of February 17, 1958, be approved, copies having been mailed to each member, WHITTINGTON SUBDIVISION NO. 7 - Tentative and Final flaps - "L" Street, west of First The tentative map was presented to the Commission with recommendations from the De- partment of Engineering,,. It was moved by Member Calkins, seconded by I-Zember Culnan and carried that the tentative map of °"hittington Subdivision N.o. 7 be approved, copies sent to the City Council, sub- ject to the drainage plan being shown. It was moved by Member Calkins, seconded by Member Bendickson and carried that the final map, as presented, be approved and forwarded to Council, subject to the Depart- ment of Engineering final check, with the stipulation that if the City Council makes any change on the tentative map, the Planning Commission may review the final map. ZONE VARIANCE - Billy Hames - 567 In'111 The application was read and clarified as to actual rear ,yard setback reduction required for construction of a third rental unit as requested by Mr. Hames® There being no com- ments,' either for or against the variance, Chairman Stewart closed the hearing. It was moved by Member Culnan, seconded by Member Bendickson and carried that the appli- cant be granted permission to construct a third dwelling unit on this R-2 lot (also oc- cupied by an ambulance service) with a reduction in rear yard setback from 15 to 5 feet as shown on plans submitted and a reduction from 10 to 7.5 feet on required distance be- tween buildings, as shown on plans submitted. ZONE VARIANCE - Gilbert Smith - 784 Cedar The application, requesting that the applicant be granted a reduction in rear yard and side ,yard setback for the purpose of constructing a patio, was presented. It was moved by Member Culnan, seconded by Member. Calkins and carried that the variance be granted, that the applicant be allowed one years time for construction of a patio in 'the rear yard, using a 01 rear yard and 151 side yard setback, as shown on plans sub- mitted. ub- mitted. ZONE VARIANCE - J. D. Peters - 360 Third Avenue (continued) The public hearing on this variance application having been continued, a petition pro- . _ 1 testing tl-m granting of the variance was read, signed by persons using the shuffle board area of the park. Letters were read from the Police Department and the.Recreation Com- mission stating that they had no objections to a service station on the property in question. Attorney Kugler ruled that the ordinance allowing service stations in a C-1 zone with "special exception"- would probably be held invalid because no standards were established to guide the Planning Commission in their actions. Without standards, the Commission would be in a position to act arbitrarily. Because this ordinance did not repeal the section allowing service stations in -a C-2 zone, it must be assumed that service stations are C-2 uses. Thus, the applicant, desiring to construct a service station in a C-1 zone, would be required to file variance applications, as he has done. If the Commission is of the opinion that the facts required to be present- to justify a variance, are proven, they might grant such a zone variance for this property. It was moved by Member Calkins,seconded by Member Culnan and carried that the Planning Commission find that there is a hardship present, within the meaning of the ordinance, being that the shape of the property doesn't lend itself to any other type of cors truc- tion; that parking facilities in town do not permit a C-1 place of business without off-street .parking on the same lot and again the shape of the lot reduces available area for parking; that other;_ uses could be detrimental to adjoining property; the proposed service station would protect the view' of the city park and would improve the appearance of the area and also cause public improvements to be installed on Madrona; and that the granting of the variance will not be detrimental�__to public ,.welfare or injurious to property or improvements in the zone. Further, that the variance be granted subject to the fol- lowing: 1. Exits onto Third Avenue be in direct line with the continuation of Madrona Street on the east side of Third Avenue. 2. All containers for trash, refuse, etc., shall be kept at all times within an enclosure. 3.. -A scenic or ornamental fence shall be constructed along west property line abutting the railroad track, with a minimum 2' and .a maximum 3' height. 4. All public improvements shall be constructed on Madrona and Third. 5. Thea any sign proposed to be erected be of a non-revolving type with no .flashing" lights and be of a maximum area of 100 square feet. REQUEST TO BUILD ON .EASEMENT A plot plan was submitted by Mr. Oliver Abe owner of property. 486 x 135 feet lying east of Second Avenue north of "J" Street with the request that he be permitted to build a dwelling on the property, having its only access via an easement to Second Avenue. The property in question is adjacent on the north to a 30' strip deeded to,the city for street purposes, which has never been dedicated as a street by the city. It wasmoved by Member C ulnan, seconded by Member Bendickson and carried that Mr. Abe's request be granted, that he'be permitted" to build a house on the property in question, at the westerly end as indicated on plot submitted, with the conditions that the easement be improved with a plant mix .and that. the house be setback even with houses on the south side of King Street lying easterly of Mr. Abe's property. REQUEST FOR EM'IPTION FROM PROVISIONS OF ORDINANCE 543 - Oliver Underwood, First and "K" Mr. Oliver Underwood's request that he be exempt from constructip.9 sidewalk at his property - 2 - at the northwest corner of First and "K", was read -to the Commission .and a plot plan and recommendations from the Engineering Department presented. It was moved by Member Culman, seconded by Member Bendickson and carried that in view of the fact that no evidence was presented indicating that the construction of sidewalk is extremely impractical or will create a dangerous situation, that the request be de- nied. REQUEST FOR ORDINANCE CLARIFICATION - Lee Morgan Mr. Lee Morgan requested Planning Commission clarification as to the location of the j rear ,yard on a three-sided corner lot. The plan of the house Mr. Morgan proposes to, construct on the lot will not leave adequate rear yard space if the building inspector's I interpretation is correct. The City Attorney ruled that rear yard is defined in -the ordinance as being the space between the rear lot line and the rear of the main building, ' indicating that one of the lot lines even on a three-sided lot must be considered as the rear lot line. The Planning Commission ruled that because Mr. Morgans plan would bring the house to within 5 feet of one interior property line and 9 feet of the other interior property line that his logical action would be to request a variance reducing the - required rear yard from 25 to-9 or 5 feet, as he desires, at which time the Commission will be in. a position to make a decision. i DISCUSSION OF THE CONTINUATION OF CE14TER STREET Building Inspector Grady presented plans to the Planning Commission indicating that proposed construction on "Fi' Street near Fifth Avenue would stop future continuation of Center Street east from' Fifth to Fourth Avenue. It was pointed out that the entire block is zoned R-3 and that Center Street is definitely needed -to provide for future development of the area. It was moved by,Member Calkins, seconded by Member Bendickson and carried that the Engineering Department be requested to prepare a feasibility report on extending Center Street on to Fourth Avenue from Fifth Avenue. DISCUSSION - Proposed Ordinance Amendment ! Copies of a proposed ordinance prepared by the Building Inspector, were pr(esented, which would prohibit utilization of the required front yard for the parking of automobiles in multiple residential areas. The Commission approved the intent of the amendment and requested that the City Attorney incorporate a section which would establish standards for service stations allowed in the C-1 zone, thus amending Ordinance 543. (This ordinance allows service stations in the C-1 zone upon spiecial exception of the Planning Commission, without establishing standards to guide the Commission) These standards to put the city in the position of control over trash and refuse disposal, curb cuts, and signss ADJOURNMENT The meeting was adjourned to March 17, 1958• Respectfully submitted, Audrey S . nehouse Secretar