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HomeMy WebLinkAbout1982-09-22 P&Z Minutes KENAI PLANNING AND ZONING COMMISSION Regular .Meeting, September 22, 1982 Kenai City Hall Jack Castimore, Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of September 8, 1982 5. OLD BUSINESS a. Discussion: (reconsideration) Vacation Request of Mr. Lyman McBride b. Update on Code Violations and Quandt Lease c. Discussion: Capital Improvements Projects 6. NEW BUSINESS a. Lease Application: Alaska U.S.A. Federal Credit Union, Lot 1 Block 8, Etolin Subdivision, 2nd Expansion b. Discussion: Public Complaint 7. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 9. COMMISSION QUESTIONS AND COMMENTS 10. ADJOURNMENT r s i e ~ i a ~:. ,,:. KENAI PLANNING AND ZONING COMMISSION Regular Meeting, September 22, 1982 Kenai City Hall Jack Castimore, Chairman 1. ROLL CALL Present: Jack Castimore, Jim Blanning, Lee Lewis, Mary Quesnel, and Hal Smalley. Absent: Bob Roth and Dr. Turner (excused) 2. PUBLIC HEARINGS None 3. AGENDA APPROVAL Chairman Castimore asked that two items be added to the agenda; 6-c, .preliminary plat for subdivision with no name (Warren) and 6-d, preliminary plat for Porter's Acres Subdivision. MOTION: Commissioner Lewis moved to approve the agenda with the additions, } seconded by Commissioner Smalley Motion passed with no objections 4. APPROVAL OF MINUTES of September 8, 1982 MOTION: Commissioner Smalley moved to approve the minutes as read, seconded by Commissioner Lewis. There were no objections 5. OLD BUSINESS a. Discussion: (reconsideration) Vacation request of Mr. Lyman McBride Mr. Ron Rice and Mr. Baker of Dowling Rice Associates were present to represent the rega.est of Mr. McBride. Commissioner Blanning asked for more information concerning the "grandfather rights" as mentioned at the previous meeting. Chairman Castimore explained that his understanding of grandfather rights was that if this does exist, he does not need a vacation and there would be no cloud on a title, but for the record, a suggestion would be to 1 KENAI PLANNING AND ZONING COMMISSION Page 2 Regular Meeting, September 22, 1982 1) ask the City to acknowledge the encroachment and to 2) waive any claim that the City might have in the future for that right-of-way. This would eliminate the possibility of the City having to come back to him 10 years later and ask him to remove his garage. It was suggested that perhaps the attorney could look into the legality of the matter of the City acknowledging the grandfather rights which would indicate that no encroachment exists and no vacation would be necessary. Mr. Brighton pointed out that whatever decision is made, the current City Council cannot bind a future City Council who may decide that it is a problem from taking action. Perhaps the best answer would be for it to go on record that the City has vacated it's right-of-way in that particular situation. Mrs. Glick reminded the Commission that a vote for reconsideration had not yet been made. MOTION: Commissioner Smalley moved to bring the item of the vacation request of Mr. McBride for the vacation of 8' of Fifth Avenue running directly in front of his property, Government Lot 7, for reconsideration, seconded by Commissioner Quesnel. Motion passed unanimously. Mrs. Glick informed the members that this issue had come to her attention in that some erroneous information had been obtained, that being that the land across the street was owned by the City when it is not. At some future date the City may want to build that right-of-way through to accomodate expansion of the airport. The road ends at a fence at the float plane basin and if plans go through~to upgrade the basin a right-of-way access will be needed to that. side of the airport. It is not unusual to ask for an as-built survey. Both the Borough Planning Commission and the Kenai Planning Commission had received a plat with pencil drawings of the location of the building and it shouldn't be too hard to go in and do an as-built so that everyone can actually see that there is an encroachment. In lieu of an as-built would be a certified statement that indicates the building location and lot lines. The Commission should look to the future as the City may be using that road as an access at some point in time due to the rate of expansion of the airport and the need for the other side of the. airport for that expansion. No one can automatically assume that extra footage can be obtained from the parcel across the street. Commissioner Smalley suggested that perhaps the granting of this vacation would set a precendent that the City might not want and is there any other manner in which this could be handled. KENAI PLANNING AND ZONING COMMISSION Page 3 Regular Meeting, September 22, 1982 The members discussed possible alternative ways of hanlding the encroachment, however none were suitable for this particular instance. Commissioner Blanning asked who had determined the cloud on the title, it was explained that there was not now, but in future, should the house be sold there could be problems from the standpoint of a lending institution. Mr. Rice presented copies of the patent to the lot and a map of the entire area. Mr. Rice commented that this was shown as an easement, not a dedication. The question of an as-built again came up with the comments being that lending .institutions would require one, and the City Engineer suggested a sketch that would certify that the information submitted was correct. Chairman Castimore asked if this vacation were granted, would a jag be created in the middle of the street. Jack LaShot answered that the City would work around the house, whether or not the vacation was .granted. MOTION: Commissioner Smalley moved to recind the approval of the vacation request of 8' of a portion. of Fifth Avenue, seconded by Commissioner Quesnel. VOTE: Motion passed with Commissioners Castimore, Blanning, and Smalley voting yes and Commissioners Quesnel and Lewis voting no. Commissioner Smalley voiced his opinion that it would be best if the City and Commission deal with this type of problem when indeed it becomes a problem. Commissioner Lewis asked the City Attorney to look into the matter and specifically the question of grandfather rights to determine if specific action should be taken. ~.. Update on Code Violations and Quandt Lease Bill Brighton requested that this item be placed further down the agenda in that some time may be spent on the subject and there were members of the public present who had specific business before the Commission. MOTION: Commissioner Blanning moved to place this item further down the agenda under 7-c, seconded by Commissioner Smalley. There were no objections. c. Discussion: Capital Improvements Projects Commissioner Turner had requested this item placed on the agenda for introduction of a specific item, however since he could not attend this item will be placed on the next agenda. KENAI PLANNING AND ZONING COMMISSION Page 4 Regular Meeting, September 22, 1982 6. NEW BUSINESS a. Lease Application: Alaska U.S.A. Federal Credit Union, Lot 1, Block 8 Etolin Subdivision 2nd Expansion - Ron McAlpin Commissioner Smalley asked the status of the clam processing plant since it's proximity was so close and if the application were aware of this business. Bill Brighton explained that unofficial information was that the parent company, Arctic Aviation was in ,the process of being sold and that the clam processing plant probably would not be a part of the package. The Commission agreed that this was a very good application, the time line was agreeable, the landscaping more than met the expectations, there were no problems of egress to the building, all lot requirements were met, there was nothing they could ask for additionally. MOTION: Commissioner Blanning moved, seconded by Commissioner Smalley to approve the lease .application for Alaska U.S.A. Federal Credit Union on the described property. VOTE: Motion passed with unanimous roll call vote. MOTION: Commissioner Lewis moved, seconded by Commissioner Smalley to recommend approval of the lease application stated above to the City Council. VOTE: Motion passed unanimously b. Discussion: Public Complaint Chairman Castimore had received a letter from a citizen complaining about the Town and Country Pumping business sign and Commissioner Smalley had received complaints about the political signs within the city limits. Again this item. will be placed with the other items under 7-c. c. Preliminary Plat: ~No Name subdivision submitted by Mr. & Mrs. Warren The Commission members looked over the plat, questioned the City Enginner and the Building Inspector and found no problem except for items 8 & 9. KENAI PLANNING AND ZONING COMMISSION j Regular Meeting, September 22, 1982 Page 5 Mr. LaShot also pointed out that. this plat was being submitted as part of an area that was slated to have water and sewer lines put in and as part of a requirement for receiving stub outs, land must be platted. MOTION: Commissioner Blanning moved to approve PZ 82-17 with correction of negative items 8 & 9 plus the addition of a name upon submitting the final plat, seconded by Commissioner Smalley. VOTE: Motion passed with unanimous approval d. Preliminary Plat: Porter's Acres Subdivision This is a plat which falls under the same criteria as the first plat and again, city administration found no problems with the plat. MOTION: Commissioner Smalley moved, seconded by Commissioner Lee Lewis to approve PZ 82-18 with correction of negative items 8 & 9. VOTE: Motion carried unanimously 7. OTHER BUSINESS a. City Council Report: Betty Glick Mrs. Glick mentioned briefly, the new city attorney, an assignment of lease for Church property, appropriations for work on 2nd Avenue, Haller, McKinley, Evergreen on 3rd and 4th, which is for water, sewer and upgrading of streets. b. Borough Planning Report: Betty Glick The vacation of 5th Avenue came before the Commission and the approval of the preliminary plat, both items being tabled and returned to the City. c. City Administration Report: Bill. Brighton Mr. Brighton began with the Quandt question, informing the Commission that the State claims that the real problem lays with not being able to verify personal service upon Mr. Quandt on the basis on violations of his lease with the state. Later, Mr. DeSmidt informed Mr. Brighton that they believed they had performed the service, however the person KENAI PLANNING AND ZONING COMMISSION Regular Meeting, September 22, 1982 Page 6 did not acknowledge being Mr. Quandt. Mr. Brighton arranged to have Mr. DeSmidt come over tomorrow and will be escorted by a city policeman for identification and personal service and the problem should be resolved soon with the turning over of the case to the Attorney General for prosecution. The alternative would be to sue the State as that is State property, but this is something that should be avoided. The Commission members expressed their thanks to Mr. Brighton for the effort and work that has gone into this project. Mr. Smalley brought out the complaints received about signs, and Mr. Brighton informed the Commission of the scale of signs in violation of the code, not only those already brought to light, and the problems in enforcing the code. After much discussion, it was the decision of the Commission to take a close look at the present code and upgrading it to a point where it would be enforceable. Sign codes from other communities will be obtained to help look into the present code. The encroachment of trailers into the City right-of-way near Anchor Trailer Court will be looked into by the City Engineer. There will be no action taken on the business proposed by Mr. Motz until such time as a business is actually begun. 8. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. COMMISSION QUESTIONS AND COMMENTS Chief Winston of the Kenai Fire Department appeared at the meeting to be available for questions and comments pertaining to the writing of ordinances pertaining to townhouses and cluster housing. Chairman Castimore thanked Chief Winston and indicated that his input was a valuable part of the ordinances under consideration. 10. ADJOURNMENT There being no further business, the meeting was adjourned. There will be a work session at 6:00 previous to the regular meeting Wednesday, October 13, 1982 to discuss the Townhouse Ordinances, Capital Improvements Projects, and drafting of a Sign Ordinance. Respectfully submitted: J et Loper, Secretary PLANNING AND