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HomeMy WebLinkAbout1981-10-28 P&Z Minutes/( Kenai Planning and Zoning Commission Regular Meeting, October 28, 1981 Kenai City Hall, 7 p.m. Philip Bryson, Presiding Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES OF October 14, 1981 5. OLD BUSINESS A. Lease Application: F.B.O. Subdivision Lots 1, 2, and 3 Donald and Karen Creamer 6. tJEW BUSINESS A. Discussion of Capitol Improvements Program B. Discussion of Open Gravel Pits * 7. OTHER BUSINESS A. City Council Report: Betty Glick B. Borough Planning Report: Betty Glick C. City Administration Report: Bill Brighton 8. COMP4ISSION QUESTIONS AND COMMENTS 9. ADJOURNMENT * Add speakers: Robert Jackson, Father Targonsky, and Ed Garnett ,~ Keani Planning and Zoning Commission ~~ Regular Meeting, October 28, 19$1 Kenai City Hall, 7 p.m. Philip Bryson, Presiding Chairman 1. ROLL CALL ice..-~" ~.~.~ lV`_ ~ Present: Phil Bryson, Jack Castimore, Jim Blanning, Paul Turner, Wayne Regelin, and Ex-Officio Member Betty Glick Absent: Mary Quesnel, Jerry Andrews Others: Ed Garnett, Bob Jackson, and Father Targonsky 2. PUBLIC HEARINGS None 3. AGENDA APPROVAL Three persons have asked to be heard at the meeting and will be added under New Business. They are: Ed Garnett Bob Jackson, and Father Targonsky MOTION: ~ Jim Blanning moved, seconded by Paul Turner to accept the agenda with the above changes. Motion passed unanimously. 4. APPROVAL OF MINUTES of October 14, 1981 Phil Bryson called attention to changes in page one, page two and page four. MOTION: Wayne Regelin moved, seconded by Paul Turner to accept the minutes with the appropriate changes. Motion passed unanimously 5. OLD BUSINESS A. Lease Application: F.B.O. Subdivision, Lots 1, 2, and 3, Donald and Karen Creamer Jim Swalley informed the Commission that an attempt had been made to contact the Creamers with no success as they appear to have left town. They are aware of the time limitation Kenai Planning and Zoning. Commission Regular Meeting, October 28, 1981 6. on their application. Page 2 Phil Bryson retained this as a re-occuring item of Old Business until the time period has elapse. Jim Swalley outlined the problems with the application as to the original date of application. The application should expire on either November 14th or December 17th. NEW BUSINESS A. Discussion of Capital Improvements Program Phil Bryson introduced the list of items drawn up by the City as well as some projects left over from last year. The Commission was asked for input on this list. Bill Brighton pointed out that this was a priority list that went to Juneau last year and there was enough money granted at that time to accomplish all items on the front page. This is referring to page three of the gold book, 'Capital Improvements Project'. The Council has expressed their intention for any new or additional monies for capital improvements to follow through on the list as it appears in the book. There has not been a work session on it as yet as to whether or not to take action, however, the intent at this point is to follow through on the list. Wayne Regelin asked about the library expansion. Bill Brighton informed him that there is a special appropriation for that item as was done at the ]_ast session for the airport and senior citizens projects. Keith Kornelis informed the Commission that the first page is taken directly from the gold book, and the items following are not in order of priority. Phil Bryson reminded those present that it is the respon- sibility of the Planning Commission to recommend public works projects, but it does not have to be done at this meeting. Time will be needed by the Commission members and will be an item that the Commission will want to study and return to the Council. Kenai Planning and Zoning Commission Page 3 Regular Meeting, October 2$, 1981 Bill Brighton stated that he is going to request that the Council have a work session before the next meeting which would give the Commission time to put something together. Phil Bryson reminded the members that the next meeting will fall on a holiday and the next one close to a holiday and a question was raised as to when the next meeting would be held. The question was left open at this time. B. Discussion of Open Gravel Pits Bill Brighton explained that the reason the item is on .the agenda is that over the past three or four weeks, there have been several alleged zoning violations which have been looked into. Several letters went out, including those concerning gravel pits, to those who were in violation including the City of Kenai. Several persons were invited to Mr. Brighton's office to discuss the issue which outlined the code dealing with extraction of natural resources and this meant that gravel pits could not operate without a conditional use permit. The City of Kenai has been asked to stop extraction until such time as the permits have been acquired, along with ~ those. individuals involved. Only under an emergency situation such as ice and snow which endangers the health or welfare of the citizens will sand or gravel be extracted by the City. Wayne Regelin asked about the grandfather rights concerning the gravel pits. Bill Brighton answered that there are no grandfather rights in this context. Under the code, it is stated that a pit can remain,. but it cannot be enlarged, or changed in any way without the conditional use permit. Paul Turner stated that he was glad to see the City take this stand and is following through. Phil Bryson asked that the situation be corrected as soon as possible. Bill Brighton informed Mr. Bryson that the City is already in the process of correcting the situation. Kenai Planning and Zoning Commission Regular Meeting, October 28, 1981 The question was asked, when was the need for use permit first established. Bill Brighton the code and answered that to the best of his it would have been in 1975. Page 4 a conditional researched knowledge, Ruby Coyle responded that prior to 1975 there was a section of the code that related to conditional use permits for gravel pits. A conditional use permit was obtained in 1973 by the Coyles under that section of the code that existed then. C. Persons Present not Scheduled to be Heard 1. Bob Jackson spoke on his own behalf regarding a letter he had received from City Manager, Bill Brighton informing him that he was in violation of the city code pertaining to operating a business within the rural residential zone. Mr. Jackson .stated that the only way he could operate his business would be to move to another location and that .would not be feasible at this time. He stated that he looked to the Commission for guidance in his situation. Phil Bryson asked if Mr. Jackson has requested a conditional use permit. Mr. Jackson stated that he had not. Mr. Jackson felt that perhaps the answer would be a variance. Bill Brighton informed the Commission that he made an error in the letter to Mr. Jackson. He had called this a rural residential area, when in fact it is suburban residential. In either case it is still a nonconforming use. Bill Brighton gave Mr. Jackson three alternatives as outlined in the code, one being a variance, a conditional use permit, or a change in the code as it now reads. Phil Bryson asked Ben Delahay, City Attorney what alternatives lay open to Mr. Jackson. Ben Delahay informed the Commission that a variance or even a conditional use permit would not apply in this case. The only alternative he could see would be obtaining property elsewhere for his business. Mr. Jackson restated that this is not feasible at this time. Kenai Planning and Zoning Commission Regular Meeting, October 28, 1981 Page 5 Bill Brighton read the code regarding the qualifications for a variance and conditional use permit for Mr. Jackson. Jack Castimore outlined the cost involved in applying fora variance for Mr. Jackson, bringing up the participation of the property owners surrounding his business as to whether or not these neighbors would want that type of business in that zone. Mr. Jackson felt-`that the neighbors had not objected in the past and probably would not now. Also, there had been no damage since he had the business, if any- thing he had improved the property. Phil Bryson informed Mr. Jackson that what he would have to do is to convince the Commission that he can meet the three conditions outlined in the code. 2. Father Targonsky read the letter he had received from Bill Brighton regarding removal of a mobil home parked next to the Russian Church which violates the code of the City of Kenai.. Father Targonsky informed the Commission that the mobil home was used as storage at the construction site for building materials needed for the restoration of the church and. rectory and in this sense it is legal under the code. He went on to say that the restoration work had begun in 1976 with a grant being received in 1977 from the Park Service based on the fact that the Russian Church had been named a national historical landmark in 1970. The work is being done on both the church and rectory while the family is living in the rectory as time and money permit. Father Targonsky related that last summer the City saved alot of time and money by going through his property with water and sewer and asked that this be taken into consideration especially since this construction prevented the restoration work to continue. A special extention on the time of completion was granted by the park service so the completion of phase three and four yet remaining are behind. Bill Brighton communicated to the Commission that he had related to Father Targonsky that he is under an obligation to move the trailer within a reasonable time. Kenai Planning and Zoning Commission Page 6 Regular Meeting, October 28, 1981 Phil Bryson asked Bill Brighton if there was written permission to put the trailer at the site. Bill Brighton stated that as far as he was aware, there was none, however, under existing circumstances that trailer could be there five years from now depending on money, funds, and length of working time. Father Targonsky pointed out that the code does not state a definite time limit on construction. Ben Delahay informed the Commission that the code, 21.76.180 relating to mobile homes confirms the use of one on a construction site and that it must be removed upon the completion of the construction, but it does. not give a time line, leaving the door wide open for a trailer to remain forever. Paul Turner asked .Father Targonsky if any construction was occuring now. Father Targonsky stated that construction does not go on during winter. Paul Turner then asked when the last time construction occurred, the answer was "last summer, during the months of August and September" with no construction going on this year due to the City putting in the water and sewer lines. Phil Bryson asked if a building permit was being held for this work. Father Targonsky stated that he felt one was not needed .since this was restoration not construction and since the money was a grant he did not know. Wayne Regelin asked if the trailer could be parked somewhere else where it would be legal and stated that he would help move it if a place could be found, perhaps a parishoner living outside the city limits would be willing to park it. Phil Bryson stated that he didn't feel that there was an issue before the Commission in that the trailer is legal under a construction situation. Paul Turner felt that the definition of construction should be considered in that the point is legitimate construction could go on for years, and also to consider is the fact that construction is not going on at the present time and won't be until next year. Kenai Planning and Zoning Commission Regular Meeting, October 28,.1981 Page 7 Ben Delahay read the code pertaining to trailers for residential use and where it is permitted, however, it is for residential use and not a help in this circumstance. With reference to Father Targonsky's statement that he did not need a building permit, Ben suggested that he check with the building department in that, even though it is a restoration a permit is still needed. A grant does not change the need for one, nor is it the responsibility of the grantor. Phil Bryson asked the Commission for input/direction. Jim Blanning brought forth the need for a change in the code putting a time limitation on construction, however, that would not help the immediate situation. Phil Brying asked if a building permit had a time limit. No one present knew for sure. Ben Delahay stated that the permits taken out in the past were usually of a duration of two years on the bigger construction. This included the airport project as and example. Ben Delahay agreed that a time limit would have to be written in. Wayne Regelin suggested a resolution to go before the City Council supporting the City Manager in this matter and that the trailer should be moved within a reasonable time. The Commission discussed what a reasonable time would be. Ruby Coyle asked to speak on behalf of the church and Father Targonsky stating that since it was an old historic structure the work on it should not be hindered. MOTION: Wayne Regelin made the motion to make up a resolution to go before the Council stating a time line on construction. Motion died for lack of a second. MOTION: Paul Turner made the allow the trailer to permit which would be at the site. motion, seconded by Jim Blanning to remain as long as there is a building evidence of on-going construction Motion passed. i Wayne Regelin discussed the need for uniform enforcement of codes in future. Each case has it's exceptions, this one being a good example. Kenai Planning and Zoning Commission Page $ Regular Meeting, October 28, 1981 3. Ed Garnett spoke on behalf of Carl Haller .who also received a letter from the City Manager. Mr. Garnett related that Mr. Haller has been in the same area and in the same business since 1959, before the ordinance came into effect in 1975. Mr. Garnett read the letter and ordinances pertaining to Mr. Haller's case and. commented that this is a nonconforming use and expressed concern over the idea of a-man having to go out of business if he cannot conform to the code. Mr. Garnett quoted the costs involved in meeting the requirements as outlined in the code, which appeared to be prohibitive in Mr. Haller's case. Mr. Garnett related that he would like this case to be settled on the basis of nonconforming use no matter what business the man is in. Somebody is going to have to make a decision on the matter as there are three ordinances, all of which are contra- dictory. Either use the intent as expressly put in there or the actual statement that if you're there and you're lawful you can continue. Mr. Garnett requested that before going any further, look to see whether or not each case is viable and then go from there. Phil Bryson asked if attorney Delahay was going to be evaluating this issue, Mr. Delahay answered that he was. Betty Glick informed the Commission that Mr. Haller's property has come up from time to time under complaints on the Council level, twice that she knew of, once in conjunction with other properties. Perhaps a public hearing should be held to take action to try to clean this up. When considering enforcement of the pertinent ordinances it must be taken into consid- eration that to enforce one, all following it must be enforced on the same basis. Phil Bryson pointed out that these three persons who had requested to speak were doing so on an adminis- trative matter and it just so happened that the Commission acted on one but there was no need to act on the other two. Kenai Planning and Zoning Commission Regular Meeting, October 28, 1981 Page 9 It should be noted that an appeal process on administrative matters should be taken to the Council, who would then convene as an appeal board. Mr. Garnett wanted to clarify that he was not asking for an appeal but rather to bring to the attention of the Commission the faults of the code so that should they find the same conclusions steps can be taken to correct it. Ruby Coyle stated that her understanding was that the Borough had control of planning and zoning and the only thing turned over to the City was conditional use permits and variances. Following then, is it the duty of the administration to enforce the variances -and permits and the appeals board is for the whole ordinance. Bill Brighton .read the ordinance pertinent to her question, 21.76.200, stating that the City Manager is the administrative official. of the Kenai Peninsula Borough thus enforcing the entire code. 7. OTHER BUSINESS A. City Council Report: Betty Glick The City Council approved an ordinance accepting and appropriating $600,000 for equipment and fencing for the airport. An ordinance which was up for adoption was tabled which would provide funds to start a study of drainage, however, it was learned that the soil conservation service will do the study for little or no fee. A resolution was passed approving the purchase. of a dump truck for the City. Another resolution was for the transfer of funds for relocating cables in the F.B.O. Subdivision. A request was received by a Mr. Wells to vacate a portion of Birch and Spur highway. The Council is not proceeding on this as Birch Street is due for upgrading. Kenai Planning and Zoning Commission Page 10 -~ Regular Meeting, October 28, 1981 B. Borough Planning Report: Betty Glick There was not a quorum present for a formal meeting. The vacation of Lake Street came before the Borough who were in concurrence with the Commission. and the vacation was denied. C. Administrative Re ort: Bill Brighton None 8. COMMISSION QUESTIONS AND COMMENTS None 9. ADJOURNMENT MOTION: Paul Turner made the motion, seconded by Wayne Regelin to adjourn the meeting. There being no further business, the meeting was adjourned ~ at 8:50 p.m. The next meeting set for November 11, being a holiday, will be tentatively cancelled as there is no item for the agenda at this time. Respectfully submitted, ~~~%~~~ Janet Loper Secretary to the Commission w 0 z H E "~ W W ~-, z 0 o~ U c.7 H C N Q z z H z z Q a a ~~ ~r o R cx ~ ~ ~ ~ o ~ ~ pa ,--, .~ a r-i a~ ~ ~ o ~ d ~, ~ ~ ~ o ~ ~ ~ ~ ~ ro ti ? ~ ~. -d ~ ¢ ~ ~ o h b0 ~ . ~ ~ ~ ~ .-~ c~ •~ h ~~