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HomeMy WebLinkAbout1978-07-18 P&Z Minutes_l KENAI PLANNING AND ZONING COMMISSION Special Meeting July 18, 1978 .. KENAI PLANNING AND ZONING COMMISSION Special Meeting July 18, 1978 Kenai Public Safety Building 7:00 p.m. Roland Raymond, Presiding Chairman 1. ROLL CALL Present: Sol Raymond, John Monfor*, Cliff Heus, Dwain Gibson, Phil Bryson and Ex-Officio Member Betty Glick. Absent: Nick Miller Others: City Manager John Wise, Borough Planner Jeff Ottesen, Roland Lynn, Gail Spence, City Attorney Ernie Schlereth, Richard and Bettina Brown. 2. PUBLIC HEARINGS A. Petition for Variance to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.070, speci ically t e operation o a camper repair usiness wit in a Rural Res ential Zone: Mr. Ric ar Brown. Chairman Raymond opened up the"public hearing. Mr. Brown was present and stated that at the July 12th regular meeting a Mr. J. B. Johnson had opposed the camper repair business being allowed. Mr. Brown said he talked to Dlr. Johnson after the meeting and Mr. Johnson has changed his mind and signed a petition stating that he does not object to a variance being granted to Mr. Brown along with his wife and Mr. Walter C. Nash; and also that Mr. Johnson along with Mr. Nash have signed a petition requesting that the area be rezoned to General Commercial. The two petitions were brought before the Commission to include as part of the record and hereto attached. There were no further comments from the public for the public hearing. The hearing was closed and brought to the Commission for action. Mr. Ottesen referred to his July 12th memo to the Commission and stated that a variance is not the appropriate or legal action to be taken in this particular case. He explained the use of a variance and quoted Alaska State Statute 29.33.110(c) which states that a variance shall not be granted which will permit a land use in a district in which that .use is prohibited. Mr. Bryson noted that at the Ccmmission's June 28th meeting, the Commission advised Mr. Brown to apply for a variance. Mr. Bryson noted that the Commission seems to be in error in advising Mr. Brown. "~enai Planning and Zoning Commission Page Two Special Meeting July 18, 1978 2. A. Cont. Mr. Ottesen was handed a letter from Mr. Andrew Sarisky and read the letter to the Commission to be entered on the record. Mr. Sarisky stated that he objects to the variance being granted to Mr. Brown for his camper repair business. That letter is attached hereto as part of the record. Chairman Raymond stated that the Commission did not take any action at their July 12th meeting due to lack of a quorum but heard testimony so that it could be recorded into the minutes. Mr. Ottesen stated that after a review of the Zoning Ordinance, a rezone seems to be the only lawful way to let Mr. Brown continue his camper repair business at its current location; and that'in light of the petition submitted, perhaps the neighbors of that area could get together and request a large area of land for rezoning to General Commercial. Mr. Bryson commented that the Brown's have apparently been misled by the Commission and said that a rezoning request may or may not be granted; that there is no guarantee. Mr. Wise commented that Mr. Brown did not know he was out of compliance with the zoning code and has been very cooperative ever since he was first contacted about his noncompliance. Mr. W~_se said the question is does Mr. Brown have to shut down his business. There was some discussion about possible code revisions which was determined impractical and the Commission reviewed the zoning code regarding home occupations and a rural residential zone, and if the request would fall under a conditional use. A conditional use was found to be for a use compatible or similar in nature to those already allowed and a camper repair business does not fall under or close to any allowed uses in a Rural Residential zone. It was suggested that perhaps a conditional use permit could be giver. to Mr. Brown until the Comprehensive Plan is completed or a possible rezoning could be obtained. If the rezone is not approved, then Mr. Brown would then have to go somewhere else to operate his business and that a time limit could be put on the conditional use permit. Mr. Ottesen cautioned that Seward had been in a similar situation a few months ago and was sued for several thousands of dollars. He advised that perhaps the Commission could instruct Mr. Wise not to abate Mr. Brown until the Comprehensive Plan is completed. , 1\V 11GL1 1 10.1111111' Q11U LV11111~' L.u„1,ILLJJlu11 rcl.ge .~nree '.Special Meeting July 18, 1978 2. A. Cont. Mr. Schlereth, the City Attorney, said that it would be best to deny the variance application without prejudice and leave the matter to Administration to enforce. He noted that Mr. Brown has taken his sign down and that was the original complaint. Chairman Raymond said that the variance needs to be returned to Mr. Brown and that Mr. Brown could apply for a rezone. MOTION: Mr. Heus moved, seconded by Mr. Bryson, to adopt Resolution No. PZ 78-33 stating that the variance applied for by Mr. Brown is denied due to procedural problems and that Mr. Brown is advised to discontinue his nonconforming business no later than December 1, 1978. AMENDMENT: Mr. Bryson moved, seconded by Mr. Gibson, to amend the motion to change the date to September 1, 1979. There was discussion regarding the time limit proposed on the conditional use permit. Mr. Schlereth said he thought that the September 1, 1979 date was a bit. too much time and he is concerned with setting a precedent for other nonconforming businesses that may occur in the future. In addition, he stated that in allowing for such a long period of time for Mr. Brown to remove his illegal use was tantamount to permitting the use. There was some general discussion on the time limit to be set. The amendment to the motion passed with Mr. Heus and Chairman Raymond voting against the amendment. The motion passed with Chairman Raymond voting against it. B. Petition for Variance to the Kenai Peninsula Borough Code of Ordinances, Title 21, Section 21.76.160(A) 2) and (C)(2), s eci icall the location of si ns and t e number o round poles per sign allowed for Lot 7, Block 8, Blac Got Estates• Kenai Native Association. Chairman Raymond noted that Roland Lynn was present for the public hearing held July 12th and that there was no further public comments at this time. The matter was brought before the Commission for action. Mr. Monfor stated that he would be abstaining from voting on this matter. Mr. Wise asked Mr. Ottesen to review the zoning code on sign requirements and report back to the Commission. There was some discussion on the existing sign ordinance and the need to revise it. Kenai Planning and Zoriirig Commission Page Four Special Meeting July 18, 1978 2. B. Cont. MOTION: Mr. Bryscn moved .that the petition for variance be tabled until the Borough Planning nepartment can ;prcpose needed changes to the sign ordinance. Mr. Ottesen stated that tabling this matter until changes are made in the sign ordinance could mean several months due to the public hearings that would be necessary and mentioned a few of the changes he has in mind-for consideration. There was no second and the motion died for lack of a second. Mr. Lynn stated that the sign is built and ready to be put up. It would advertise eight or nine Wildwood businesses and Mr. Monfor noted that there are already several signs throughout the City in nonconformance with the ordinance. Mr. Lynn asked that the Commission consider Kenai Native Association's petition to erect the sign. Mr. Wise stated that theilot where the sign is being proposed to be put up is being considered tonight for rezoning from Suburban Residential to General Commercial before the Borough Assembly. Mr. Ottesen suggested that perhaps the Commission could approve the sign with a time limit attached and that it be brought into conformance after any sign ordinance revisions are made. There was some discussion on if this request actually falls under a variance and the possible enforcement of other nonconforming signs throughout the City. MOTION: Mr. .Bryson moved, seconded by Mr. Heus, for approval of erection of the sign requested by Kenai Native Association on Block 8, Lot 7, Black Gold'',Estates Subdivision contingent upon the City Attorney's approval. The motion failed with Mr. Bryson voting for the motion and Mr. Gibson, Hdus' and~Chamrman Raymond voting~,agaiinst the motion. Mr. Monfor abstained. MOTION: Mr. Bryson moved for approval of the variance by Kenai Native Association to erect a sign on Lot 7, Block 8, Black Gold Estates Subdivision as submitted. Th.e motion died fer lack of a second. Kenai Planning wnd Zoning Commission Page Five Special-.Meeting July 18, 1978 2. B. Cent. Mr. Schlereth commented that this matter should really. fall under a conditional use and that a variance is not really proper. Mr. Ottesen said that a conditional use is better procedurally and that perhaps the Commission would want to table this matter until the upcoming July 26th meeting to give the attorney time to review the matter. Mr. Monfor commented that the Commission had?.advised the Kenai Native Association to apply for the variance. Mr. Heus pointed out that the petition for variance should be corrected to show Section 21.76.160(C)(2) instead of "(B)". The Commission took r.o further action on this matter. C. Public hearing for Resolutions No. PZ 78-21 and 78-24 recommending amendments to the Kenai Municipal District Zoning Code, Chapter 21.76, Kenai Peninsula Borough Code of Ordinances. There was no comments from the public on this matter. MOTION: Mr. Bryson moved, seconded by Mr. Heus, to approve Resolutions No. PZ 78-21 and PZ 78-24 for adoption. Motion passed unanimously. D. Petition to Rezone the proposed Bi Ca Subdivision which is located at the intersection of Mt. Redou t Avenue an t e continuation o Evergreen Drive in t e City o Kenai rom Rural Residential to a Suburban Residential District. It was noted that there were no public comments at the public hearing held July 12th. Mr. Bryson noted that Mr. Redoubt Avenue in the public notice should read as "Redoubt Boulevard". MOTION: Mr. Heus moved, seconded by Mr. Bryson, to approve the Resolution No. 78-38 approving the rezoning of Bi Ca Subdivision from Rural Residential to Suburban Residential. Motion, passed unanimously. Kenai Planning;.and Zoning Commission Page Six Special Meeting July 18, 1978 3. ~uGENDA APPROVAL MOTION: Mr. Heus moved, seconded by Mr. Bryson, to approve the agenda as submitted. The motion passed with no objections. 4. APPROVAL OF MINUTES OF JUNE 28, 1978 Mr. Heus noted that the dimensions of the Thompson tract on page 3 and 5 should read 1,898.1 and not 18,981. Mrs. Glick said the following should be added on page 4: "Mrs. Glick pointed out that there was opposition to the rezone by the City both as the City of Kenai and as an adjacent property owner." MOT-ION: Mr. Bryson moved, seconded by Mr. Gibson, to approve the minutes as corrected. The motion passed with r..o objections. 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. Lease Application of Lot 2, Spur Subdivision #l: L. R. McCu ins. Mr. McCubbins was not present at the meeting. Chairman Raymond commented that Mr. McCubbins had arrived at the July 12th meeting after it had terminated but did not have complete development plans or drawings. He was told to bring in the drawings to complete his lease application. MOTION: Mr. Heus moved, seconded by Mr. Bryson, to table the lease application of Mr. McCubbins for Lot 2, Spur Subdivision #1 until Mr. McCubbins can be present and bring in the proper drawings to complete his lease application. Motion passed with no objections. Kenai Planning and Zoning Commission Page Seven Special Meeting July 18, 1978 B. Petition to vacate a portion of the 50 foot ri ht-of-way r..own as 25t Avenue NE a jacent to t e Rasmussen Su ivision. Chairman Raymond commented that this matter has been before the Borough Platting Committee and was approved contingent upon the City's action. MOTION: Mr. Heus moved, seconded by Mr. Bryson, to approve the petition to vacate a portion of the 50 foot right-of-way known as 25th Avenue NE adjacent to the Rasmussen Subdivision, requiring that a 20 foot easement along the easterly boundary of Rasmussen Subdivision. The motion passed unanimously. *Mr. Monfor out at this time. (9:45 p.m.)* C. Spruce Grove Subdi~=ision, No. 2: Preliminary/Final Plat. There was brief discussion of proper street names. MOTION: Mr. Bryson moved, seconded by Mr. Heus, to rescind Resolution No. PZ 78-26 and adopt Resolution No. PZ78-31 approving the Preliminary/Final Plat of Spruce Grove Subdivision, No. 2 upon the following conditions: Correction of negative finding No. 9. 9. Utility easements, if required, are not shown. Motion passed unanimously. 7. OTHER BUSINESS A. City Council Report: Betty Glick. Mrs. Glick reported on the July 5th Council meeting. She said that an ordinance regarding the Fire Code (4.1.1-78) was adopted and Ordinance 416-78 creating a Recreation Commission was adopted. Seven hundred dollars was approved for Ft. Kenai repairs and funds were approved to repair the airport fence. Ordinance 420-78 was introduced regarding mobile food vendors and a resolution was passed regarding abatement of a public nuisance.. The Council approved a request to be filed by City Administration to rezone Kaknue Korners Subdivision and the airport land leases by Browning-Henry, Carter, Church and Roper were approved. Mrs. Glick also reported that Kenai Baptist Temple has settled with the City for $1,500. Kenai Planning and Zoning Commission Page Eight Special Meeting July 18, 1978 B. Borough Planning and Zoning Commission Report: Betty Glick. Mrs. Glick reported on the last Borough Planning and Zoning Commission meeting stating that the Black Gold Estates Subdivision rezoning request was considered. The Commission reconsidered the Thompson request for rezone which failed with a 3 to 3 tie vote. C. Airport Advisory Committee Report: Cliff Heus Mr. Heus did not attend the last Airport Advisory Committee meeting. Mr. Wise gave a brief summary of the meeting and said that the airport master plan will be going up for public hearings next month for public in-put. D. Administrative Report. Mr. Wise reported that the land between the airport germinal and the FAA tower is being platted and a rezone will be requested. It is currently being surveyed ..for platting. The City Shop area is also being platted. Mr. Wise reported briefly on the 350 acres of Section 36 lands that the City is claiming, stating that there will be a meeting next week at the Borough offices. Mr. Wise reported that the EDA grant applied for by the City for arctic doors in the airport terminal building has been approved. 8. COMMISSION QUESTIONS AND COMMENTS Mr. Heus asked abcut the Comprehensive Plan a Mr. Ottesen said a scope of work will be drafted up and then the Borough will go out to bid for hiring a firm to do the work required. He commented that the City Planning and Zoning Commission will play a major part with in-put to this firm. Mr. Bryson said that in light of the recent comments, he would like to have a resolution drawn up stating that the Kenai Planning and Zoning Commission solicits and desires any oral or written in-put that the Borough Planning Department. staff can provide. 9. ADJOURNMENT MOTION: Mr. Heus moved, seconded by Mr. Gibson, to adjourn the meeting. There being no further business, the meeting was adjourned at; approximately 11:00 p.m. NLS i r _.. ~_ A - - _ __ --- -- _ _~~~.e __ - ~__ _ _ __ July 18, 1978 Planning Commission of the City of Kenai Subject: Unauthorized use of property in the Rural- Residential Zone; at Spur Road and Strawberry Please enter my appearance in the subject matter, based upon my ownership of land and residence in the same section of land, which is to the rear of the subject property, lying to the east. I am not able to appear in person. I object to the proposed variance because there is no such thing as a variance from an established zoning use. Section AS 29.33.110 (c) states in part: "A variance shall not be granted which will permit a land use in a district in which that use is pFohibited." I also object to the public hearing having been ostebsibly held before less than a quorum of the commission. Anything less than a quorum means no business can be conducted; and if a decision is made by a quorum composed of a member who did not hear the matter, such a vote is tainted by a vote of one in judgment who did not hear the case presented. This appearance is made to protect my right of appeal. I reside in the City of Kenai. ~~~~. ~~~ Andrew R. Sa isky Hox 2245 Soldotna, Ak. 99669 283-4414