HomeMy WebLinkAbout1977-12-28 P&Z MinutesAGENDA
Kenai Planning and Zoning Commission
Regular Meeting December 28, 1977
Kenai Public Safety Building 7:00 p.m.
Roland Raymond, Chairman Presiding
1. ROLL CALL
2. PUBLIC HEARING
A. Request for Variance: Lots 11 and 12, Walker Lane Subdivision,
John J. Williams
3. AGENDA APPROVAL
4. APPROVAL OF MINUTES OF DECEMBER 14, 1977
5. OLD BUSINESS
A. Bicentennial Tract: Preliminary/Final Plat
6. NEW BUSINESS
A. Discussion: Jeff Ottesen, Borough Planner
7. OTHER BUSINESS
A. City Council Report: Betty Glick
B. Borough Planning and Zoning Commission Report: Betty Glick
C. Airport Advisory Committee Report: Cliff Heus
D. Administrative Report
8. ADJOURNMENT
nCtlii.t rlctililln~' dna GOn1ng l,Omm1SSlOn
Regular Meeting December 28, 1977
Kenai Public Safety Building 7:00 p.m.
Roland Raymond, Chairman Presiding
~~1. ROLL CALL
Present: Roland Raymond, Sharon Loosli, Cliff Heus, Nick Miller, and Dwain Gibson
Absent: John Monfor, and Phil Bryson
Ex-Officio Member Present: Betty Glick
Others Present:
2. PUBLIC HEARING
City Manager John Wise, Borough Planner Jeff Ottesen, Jim Slagle,
Bonnie Slagle, John Williams, Bob Holt, Jim Blanning, Beverly Blanning,
Marion Kempf, Hal Lakin, Mary Ann Lakin, Gene Granath, Danny Morgan,
Marilyn Thomas, and Sally Norman
A. Request for Variance: Lots 11 and 12, Walker Lane Subdivision, John J. Williams
Mr. Raymond explained that Mr. Williams was requesting a variance of the principle
uses permitted in a Suburban Residential (RS) Zone for Lots 11 and 12, Walker Lane
Subdivision, Section 4, TSN, R11W, S.B.&M., to permit the construction of two
12-plex apartment houses, one located on each of two lots. Mr. Raymond then
opened the hearing to the public.
Mr. Williams explained that the property size of each lot is 104' wide by
~ 208' deep which, combined, forms a perfect square of 208' on each side constituting
1 one acre. The land coverage would be 22%, and there would be a 25' front yard and
a 22' back yard. Mr. Williams also explained that these lots are presently zoned
Suburban Residential which allows for up to a 6-plex. Mr. Williams stated that
the surrounding area consists of property zoned commercial by the City lying
directly to the west of Walker Lane, multiple family dwellings located north of the
properties as well as the former commercial structure known as Smokie's Garage
which lies directly north of the properties. Mr. Williams then presented his
construction plans to the Commission and the public present.
Mr. Miller stated that Smokie's Garage was a commercial business by grandfather
rights and is no longer in operation and that the multi-family dwellings directly
to the north of this property is one single level duplex.
Mr. Slagle stated that he felt that two 12-plexes in this area would cause quite
a traffic problem as Walker Lane provides the only entrance and exit to
Central Heeghts Subdivision.
Mrs. Thomas stated that she was opposed for the same reason and that she also
felt that this was a nice residential area and that two 12-plexes would just
conjest that area.
Mr. Blanning stated that Central Heights has been well subdivided and a 24 unit
complex in this area would conjest it too much.
Mrs. Norman stated that she felt that this area is all ready conjested and that
the proposed 24 unit complex would just make it worse.
Mr. Lakin stated that from what he has seen in Anchorage the value of the properties
next to the multi-family dwellings usually drop in value which is unfair to the
adjoining property owners.
J Kenai Planning and 'coning Commission Page 2
I Regular Meeting December 28, 1977
(Item 2-A continued)
} Mr. Granath stated that he was opposed to seeing a 24 unit complex go up in this
area.
Ms. Kempf stated that she would be living right next door to the proposed project.
Ms. Kempf stated that she would not mind living next door if the 12-plexes were
scaled down to duplexes.
Mr. Wise explained that even if this variance were not granted that Mr. Williams
would still be able to place 6-plexes on these lots.
There being no further public input at this time, the hearing was brought back to
the Commission for further consideration.
Mr. Raymond read the zoning requirements for the Suburban Residential Zone and
explained that in order for a variance to be granted the following three conditions
must exist:
1.) That there are exceptional physical circumstances or conditions applicable to
the property or to its intended use or development which do not apply generally
to the other properties in the same land use district;
2.) That the strict application of the provisions of this chapter would result in
practical difficulties or unnecessary hardship;
3.) That the granting of the variance will not result in material damage to other
~ properties in .the vicinity nor be detrimental to the public health, safety or
~ welfare.
Mr. Miller pointed out that for up to a 6-plex 2,000 square feet of land per dwelling
unit is required.
MOTION:
Mrs. Loosli moved, seconded by Mr. Heus, that the Commission recommend approval of the
petition for exception to the Kenai Peninsula Borough Code of Ordinances, Title 21,
Section 21.76.080, specifically the principle uses permitted within a Suburban Residential
(RS) Zone of the City of Kenai, for Lots 11 and 12, Walker Lane Subdivision, Section 4,
TSN, R11W, S.B.&M., as received by Mr. John J. Williams, to build two 12-plex apartment
houses, one located on each of two lots.
Mr. Raymond stated that this variance does not seem to meet the three conditions that
must exist in order for a variance to be granted.
Mr. Heus stated that he felt that the proposed project would be of material damage to
the surrounding property which was made clear in the public comments. Mr. Heus stated
that the proposed project could also be a traffic problem and that .the application did
not meet the conditions that must exist.
Mr. Miller stated that two 12-plexes does not really fit into the theme of the
surrounding community in that area and that the traffic would ba a problem because
the only entrance and exit to Central Heights is Walker Lane.
~ Mr. Raymond read a petition submitted by the surrounding property owners, a copy of
which is attached .and hereby becomes part of the official minutes of this meeting.
Mr. Morgan asked if there was any way that the zoning could be changed so that
multi-family dwellings could not be placed in this area.
/ Kerial Ylarining and GOning (;Omm1SSlOn
Regular Meeting December 28, 1977
(Item 2-A continued)
Page 3
~~ Mr. Raymond explained that the only way this could be accomplished would be to change
the zoning ordinance or set up a district as such and write up a covenant to protect
the inhabitants of such.
Motion failed unanimously by roll call vote.
Variance denied.
3. AGENDA APPROVAL
MOTION:
Mr. Heus moved, seconded by Mr. Miller,
December 28, 1977, meeting as submitted.
that the Commission approve the agenda of the
Motion passed unanimously.
4. APPROVAL OF MINUTES OF DECEMBER 14, 1977
MOTION:
Mr. Heus moved, seconded by Mr. Gibson, that the Commission approve the minutes of the
December 14, 1977, meeting as written.
Motion passed unanimously.
5. OLD BUSINESS
A. Bicentennial Tract: Preliminary/Final. Plat
MOTION:
Mrs. Loosli moved, seconded by Mr. Miller, to adopt Resolution No. PZ 77-40 recommending
approval of the Bicentennial Tract, Preliminary/Final Plat, subject to the following
conditions: correction of negative findings of items 9 and 10.
9. Utility easements, if required, are not shown.
10. Lots are not identified by street addresses in accordance with City code.
Motion passed unanimously by roll call vote.
6. NEW BUSINESS
A. Discussion: Jeff Ottesen, Borough Planner
Mr. Ottesen briefly described his background and past experience to the Planning and
Zoning Commission. Mr. Ottesen also explained what some of his future plans were
for working with the City of Kenai.
Mr. Raymond explained the zoning ordinance changes that the Planning and Zoning
Commission has been working on to Mr. Ottesen. Mr. Raymond also explained that
this item has been tabled since the City Attorney came to the Commission with her
legal opinion that the proposed change in the zoning ordinance would be challengable
in a court of law because the proposed changes would essentially be a change in
zoning.
ItCllcl.l r1d.RI11Rg ana aoning ~ommlsslon
Regular Meeting December 28, 1977
(Item 6-A continued)
Page 4
} Mr. Ra mond ex lamed some of the housekee
y p ping items which were proposed in the
change of the zoning ordinance and stated that most of the opposition came from
the developers and large property owners.
Mr. Ottesen stated that the final decision as to the proposed change in the
zoning ordinance would lie with courts and there is no way of knowing what the
results would be without trying. Mr. Ottesen explained some of the things that
they have been working on in Seward and suggested that perhaps the Commission might
think about breaking each zone down into several sections within each zone or perhaps
they might .try presenting the changes in the zoning ordinance in two seperate
packets, one containing the housekeeping items and the other containing the major
items.
Mr. Raymond stated that the Commission would like to spend some time with
Mr. Ottesen working on this item.
Mr. Gibson stated that the City was in need of maps and that he had heard that
there were funds available for this project through OCS.
Mr. Wise discussed the Costal Energy Impact Study with the Commission and explained
that the City has already applied for grants for the engineering of roads and the
engineering of water and sewer lines and. that they probably would be receiving
some money in other areas also.
Mr. Wise also discussed drainage problems within the City of Kenai, the Soil
Conservation-Flood Plane Study, a comprehensive plan for engineering, and the
Impact-Oil Related with the Commission.
Mr. Wise explained that at this time .the City of Kenai has no way of insuring
that the requirements for improvements of Subdivisions are complied with. Mr. Wise
stated that the City of Kenai needs a Subdivision Ordinance to insure that these
things will be done and that they will be corrected in past subdivisions.
7. OTHER BUSINESS
A. City Council Report
Councilwoman Glick stated that she did not attend the last City Council meeting,
so there would be no report given at this time.
B. Borough Planning and Zoning Commission Report
Mrs. Glick stated that at the December 19, 1977, meeting of the Borough Planning and
Zoning Commission Mr. Perry Stockton was sworn in to replace Commissioner Jerry Doles
which brought the Commission back up to ten people. The Commission also discussed
the drainage study being done by the soil conservation people and the Borough's
request for this type of study.
The Commission went over the Costal Management Plan and reviewed the costal impact.
They also discussed the Borough Land Disposal Ordinance which will be reviewed one
more time before going to public hearing.
The Commission has also been trying to bring some of their ordinances and things up
to date.
renal rlanning ana mooning commission
Regular Meeting December 28, 1977
(Item 7 continued)
~ C. Airport Advisory Committee Report
Page 5
Mr. Heus stated that there have .been no meetings recently, so there would be no
report given.
Mr. Wise stated that Mr. Gary Eitel had not gotten back to him with his plans for
his lease application but instead had independently contacted the firm that is
doing the Airport Study.. Mr. Wise also explained what the Planners are planning
for the Airport Terminal.
D. Administrative Report
Mr. Wise briefly went over the LPW projects and explained how the money was being
spent .such as on the Reservoir Tank Project, the Water and Sewer Lines Project,
and the Streets Project.
8. ADJOURNMENT
MOTION:
Mrs. Loosli moved, seconded by Mr. Miller, that the Commission adjourn the December 28,
1977, meeting.
Motion passed unanimously.
' There being no further business, the meeting adjourned at 10:10 p.m.
Respectfully submitted,
Paula A. Kidd, Planning Secretary
_-
R
We, the residents, of Centrltal Heights Subdivision, Kenai; do appose
The petition for exception to the Kenai Peninsula Borough of Ordinances,
.Title 21, Section 21.76.080, specifically the principle uses permitted
within a Suburan RQ~sidentiaT (RS) Zone of The City of Kenai, for Lots
11 and 12, Walkers Lane Subdivision, Section 4, T5N, R11W, S. B. & M,
received by the Kenai~Advisory Planning and Zoning Commission from Mr.
John J. Williams, for. the following reasons:
1. Walker Lane is the only access road to or from Central Heights
Subdivision.
2. Walker Lane is a substandard road and could not possibly handle the
additional traffic requested by the proposed exception.
3. balker Lane already has a .drainage problem particularly in front
1
of -
the lots proposed in the exception area requested.
4.~ At one time, a small church was allowed? on the above named property
This small church created a serious traffic problem due to participants
parking on the Walker Lane roadway, both sides, allowing for one lane
traffic only.
5. The creation of more traffic and vehicle congestion on Walker Lane
would constitute a serious safety hazard to the children of the area
while they are walking/riding to/from school, bike trail, library etc.
because of lack of sidewalks or bike `trails,
6. Those of us who bought property in Central. Heights Subdivision
did so with the understanding that this area and the adjoining areas
~ would consist of single family dwellings only and not multiple family
dwellings or any commercial enterprises.
7. We again state that we vigorously oppose the exception as proposed
in the above exception of the ordinance.
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