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HomeMy WebLinkAbout2000-07-26 Planning & Zoning MinutesCITY OF KENAI PLANNING 8a ZONING COMMISSIOr' I{ENAI CITY COUNCIL CHAMBERS July 26, 2000 - 7:00 p.m. MINUTES ITEM 1: CALL TO ORDER Chairman Carl Glick called the meeting to order at 7:00 p.m. 1-a. Swearing in of Commissioner Morse Kebschull performed the swearing in of new Planning and Zoning Commissioner Michael Morse. 1-b. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Donald Erwin, Michael Morse, Arny Jackman Members Absent: Barb Nord Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 1-c. Agenda Approval MOTION: Commissioner Goecke MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 1-d. Approval of Minutes: July 12, 2000 Commissioner Erwin MOVED to approve the minutes of July 12, 2000 and requested UNANIMOUS CONSENT. Commissioner Jackman SECONDED the motion. Bryson requested the following corrections to the minutes: Item 9, Reports, City Council, second paragraph should read, "Bannock also reported the City waived the inspection and building permit fee requirements for the new health center construction." item 9, Reports, Administration, first paragraph, second sezxtence should read, "It appeared that l 1% of privately held lots would not meet the criteria." 1 Item 9, Reports, Administration, second paragraph should read, "Kebschull reported she would not be in the office next week and Commissioners were asked to contact Jan regarding agenda items." VOTE: There were no objections. 30 ORDERED. 1-e. Consent Agenda - No consent agenda items. ITEM 2: SCHEDULED PUBLIC COMMENT -- None ITEM 3: CONSIDERATION OF PLATS 3-a. PZ00-27--Meeks House Lot (Combining Lot 1 of August Ness Subdivision and Lot 21, Block 1, BLM Subdivision, Townsite of Kenai) MOTION: Commissioner Bryson MOVED for approval of PZ00-27 and Commissioner Goecke SECONDED the motion. Kebschull explained the plat would alleviate a building encroachment and a building code violation. There was no further discussion. VOTE: B son Yes Erwin Yes Goecke Yes Nord Absent Morse Yes Jackman Yes Glick Yes MOTION PASSED UNANIMOUSLY. 3-b. PZ00-29-Inlet Woods Subdivision -Robinson Replat ~A replat of Lots 5 & 6, Block 5, Inlet Woods Subdivision VOTE: Commissioner Goecke MOVED for approval of PZ00-29 and the motion was SECONDED by Commissioner Bryson. Kebschull explained the plat would eliminate an encroachment on the new Lot 5A. There was no further discussion. PLANNING & ZONING COMMISSION MEETING JULY 26, 2000 PAGE 2 voTE: Erwin Yes Goecke Yes Nord Absent Morse Yes Jackman Yes B son Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 4: PUBLIC HEARINGS 4-a. PZ00-28-Conditional Use Permits far Public Schools for the properties knoam as Government Lot 2 excluding Inlet View Subdivision (Vocational Building at Kenai Central High School-600 Lawton Drive); Portions of the W '/a SE '/. SE y, 8a E yz SW ~4 SE y4 Lying S of Kenai Spur Highway (Kenai Central High Schoo1J9583 Kenai Spur Highway; and Section 33 E y~ SE y4 SE ~/. Kenai Middle School,-201 North Tinker Lane, Kenai, Alaska. Application submitted by Kenai Peninsula Borough School District, 148 North Binkley Street, Saldotna, Alaska. MOTION: Commissioner Erwin MOVED for approval of PZ00-28 and the motion was SECONDED by Commissioner Jackman. There was no public comment. Kebschull stated was along-standing oversight as the schools were zoned in residential zones prior to when the City took over zoning. The issue had never come up before because the schools hadn't asked for a building permit or anything that caught it. Kebschull continued, because it is a nonconforming use, a building permit could not be issued and staff recommended a request be made for the three schools because they are adjoining. Kebschull added, there was still a problem with the other schools in the area so it may be this would need to be looked at when the comprehensive plan was reviewed and consideration given to school zones. Bryson asked if this would be the situation each time a portable unit is constructed. Kebschull replied, not at the schools listed in the current application but others in the area would need to if they wanted to construct something. Kebschull noted the code requires all schools, other than those in commercial zones, to obtain a conditional use permit. Goecke asked if Sears Elementary was not in compliance. Kebschull answered, they are a noncanformin,g use which allows them to maintain as long as they don't want to expand the building or do anything to expand the use. Goecke referred to the stand- alone classrooms. Kebschull stated they probably weren't picked up originally and they should have applied for a conditional use permit. PLANNING & ZONING COMMISSION MEETING JULY 26, 2000 PAGE 3 1 Goecke indicated he didn't have a problem with this request but he did have a problem with individuals asking for a permit after the work had already started. Goecke specifically drew attention to VoTech building where a trench was dug to a slab across the road. Kebschull thought it could be a utility trench. VOTE: Goecke Yes Nord Absent Morse Yes Jackman Yes B son Yes Erwin Yes Glick Yes MOTION PASSED UNANIMOUSLY. ITEM 5: OLD BUSINESS -None ITEM 6: NEW BUSINESS 6-a. Lease Application -Lot 2, Block 3, Gusty Subdivision No. 4 Glick indicated the Planning and Zoning Commission saw this before and it was passed for afive-year term and now the applicant would like to extend it to 15 years with a 90-day cancellation clause. MOTION: Commissioner Goecke MOVED for approval of the lease application for James Doyle and Commissioner Erwin SECONDED the motion. Kebschull stated staff had nothing additional as Ms. Howard's memo was self- explanatory. Bryson asked if this would in any way affect the type structure constructed on the parcel. Kebschull replied she didn't personally see the lease documents but noted there may be some specifics to the type of structure. Bryson asked if this would change the normal re-negotiation periods for a lease. Bannock explained that code calls for reappraisal every five years and so regardless of the terms of the lease, it would not change what the code requires. Goecke asked why the applicant wanted to extend the lease to 15 years when the five- year lease was just granted this year. Kebschull wasn't sure if the applicant divulged that information with his application. Jackman indicated she had the same question, i.e. does the applicant have an ulterior motive for wanting to extend his lease. Bannock answered, there was probably an ulterior motive, but he didn't know if his PLANNING & ZONING COMMISSION MEETING JULY 26, 2000 PAGE 4 contract or business was being sold, but the question before the Commission was, if it was okay to lease it for five years, is it okay to lease for 15 years. Bannock noted the City had a specific out clause noted in the lease. VOTE: Morse Yes Jackman No B son Yes Erwin Yes Goecke Yes Nord Absent Glick Yes MOTION PASSED. ITEM 7: PENDING ITEMS -None ITEM 8: CODE ENFORCEMENT Kebschull reported staff was continuing to work on code enforcement on a daily basis. Kebschull stated a letter was sent out to Chester Cone who was doing some Cat work within the 200' buffer required next to the Dept. of Natural Resources property. He was served notice and orally indicated he would not stop. Another property owner in the area was concerned his property would be encroached upon as well. Kebschull reported that Mr. Mellish at RPM's was advised of the code change and he has one year to bring his parking area in compliance. The Building official will do an overview to determine other businesses that may not be in compliance. Kebschull reported the work to clean up Eadies has stopped as well as at the cannery. Those individuals would be contacted again. ITEM 9 • REPORTS 9-a. City Council - Councilmaxi Bannock referred the Commission to the agenda in the packet and reported on the following: • The livestock ordinance was passed with the following amendment: paragraph (d)(3) removed in its entirety; the lot size changed to 40,000 sq. ft.; and adding this paragraph which reads, "offspring of livestock allowed as anon-conforming use under this section may be kept on such lots only until they are old enough to be relocated to a site conforming to this ordinance or outside of the city limits. • A policy change was made to Leif Hansen Memorial Park stating any items or mementos left will be removed at the discretion of the Parks Director. A paragraph was added to the policy. PLANNING & ZONING COMMISSION MEETING JULY 26, 2000 PAGE 5 9-b. Borough Planning -Bryson gave a brief report on the Borough Planning meeting that was held on Monday, July 24~. 9-c. Administration - No report ITEM 10: PERSONS PRESENT NOT SCHEDULED -None ITEM 1 ].: INFORMATION ITEMS 11-a. Appointment Letter to Mike Morse 11-b. Planning and Zoning Raster 11-c. "Zoning Bulletin" -June 25, 2000 ITEM 12: COMMISSION COMMENTS & QUESTIONS Commissioner Goecke welcomed Michael Morse to the Commission. Commissioner Erwin also welcomed Morse to the Commission. Erwin reported to staff the illegal parking on Lawton and stressed concern for the young children who ride bikes and skateboard in the area. Kebschull indicated the Police Department was notified of the issue last year. It was noted the same problem exists on Tinker. ITEM 13: ADJOURNMENT MOTION: Commissioner Goecke MOVED to adjourn. There were no objections. SO ORDERED. The rn.eeting adjourned at 8:44 p.m. Respectfully submitted, L. ~ --~ Barbara Roper, Con act Secretary PLANNING 8v ZONING COMMISSION MEETING JULY 26, 2000 PAGE 6