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HomeMy WebLinkAbout1982-11-24 P&Z Minutes KENAI PLANNING & ZONING COMMISSION Kenai City Hall Regular Meeting, November 24, 1982 Jack Castimore, Chairman AGENDA 1. ROLL CALL 2. PUBLIC HEARINGS a. Request for Rezoning that portion of the Section 34, SW4 lying South of Spur Highway, bounded by Lawton, Tinker and Swires Road excluding SE14 b. Request to Rezone Lot 4-A, Block 15 of the Original Townsite of Kenai Section 5, TSN, R11W, S.M., City of Kenai fronting Cook Avenue between Main Street and Upland Street 3. AGENDA APPROVAL 4. APPROVAL OF MINUTES of November 10, 1982 ~ 5 . OLD BU~ S INE ~~ : UGt.1-t,~i-+~t,2~ /'U ~7 /~Z ~a _ ~3 ~-~-- 6. NEW BUSINESS a. Lease Application (Conceptual Approval) Lot 2 & 3 Cook Inlet Industrial Airpark Subdivision b. Discussion: Home Occupation in Redoubt Terrace Subdivision c. Preliminary Plat: Brown Subdivision d. Preliminary Plat: Duncan Subdivision (material to be submitted) 7. PLANNING 8. OTHER BUSINESS a. City Council Report b. Borough Planning Report c. City Administration Report 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 10. COMMISSION QUESTIONS AND COMMENTS 11. ADJOURNMENT 4' KENAI PLANNING & ZONING COMMISSION i Kenai City Hall Regular Meeting, November 24, 1982 Jack Castimore, Chairman 1. ROLL CALL 0~""U tel. '~6. D~ d ,~ G Present: Jack Castimore, Jim Blanning, Lee Lewis, Mary Quesnel, Bob Roth, and Hal Smalley Absent: Dr. Turner, excused 2. PUBLIC HEARINGS a. Request for Rezoning that portion of the Section 34, SW4 lying South of Spur Highway, bounded by Lawton, Tinker and Swires Road excluding SE4 e ~.yst Mr. Pete came forward to address the issue. Mr.-~~e~ owns property in Hood Subdivision on Steel Court across from the Junior High. Mr. Lacy stated that he had no objections to the rezoning and asked for a time line. Mr. Brighton answered that it is planned to put water and sewer in Candlelight, Lawton, Tinker, etc. Where property is platted or is being platted, the City will put in the stub out. ~ Mr. Jim Doyle lives between Candlelight and Linwood and asked if the zoning had to be changed in order to put in the water and sewer. Mr. Brighton explained that to have the water & sewer the zone did not have to be changed, however everywhere in the City where ever there is City water & sewer is zoned suburban residential. This will not effect any legitimate non-conforming use that is now taking place there, it will effect only new proposed uses for the area, i.e. if you now have a use that is compatible with the zone now but would not be compatible with the new zone, you will be grandfathered in except on vacant Lots or areas there will be restrictions on them. Mr. .Doyle stated that he had no objections to the zoning. Mr. Roy Wright stated that he has property on Candlelight in Candlelight subdivision and objected to the zoning in that he did not want to see lots get smaller. He stated that he bought the lots with the intent of putting trailers on those lots and that utility lines are in all lots. Since the new zoning would prohibit trailers he felt that his long- range plans would have to cease before they could be completed. Mr. Wright asked that if the grandfather clause would also apply to him. Mr. Brighton stated that without the attorney's opinion, the zoning would restrict him, in his opinion, and will get back with him later. When the Chairman brought the subject back to the Commission for comment, it was agreed that one more public hearing would be needed for additional input. KENAI ADVISORY PLANNING & ZONING COMMISSION Page 2 Regular Meeting, November 24, 1982 MOTION: Commissioner Blanning moved that Planning & Zoning hold one additional public hearing before making a determination, seconded by Commissioner Smalley. VOTE: Motion passed with unanimous approval The date set for the second public hearing was December 8. b. Request to Rezone Lot 4-A, Block 15 of the Original Townsite of Kenai Section 5, TSN, R11W, S.M., City of Kenai fronting Cook Avenue between Main Street and Uuland Street Dr. Bailie appeared before the Commission to explain why he requested this area rezoned, which basically was that it would blend in with surrounding zoning and would further allow for a retail business in the space he owns which current zoning,`Gprohibits. Dr. Bailie presented drawings of the surrounding lots, their zoning, and the businesses. Commissioner Smalley asked Bill Brighton if the City had any objections Mr. Brighton stated that it appeared to be a logical step. 1 MOTION: Commissioner Smalley moved, seconded by Commissioner Roth to approve the request to rezone Lot 4-A, Block 15 of the Original Townsite of Kenai from Urban Residential to Central Commercial. VOTE: Motion passed with unanimous roll call vote 3. AGENDA APPROVAL Chairman Castimore asked that Mr. John Jackson be placed on the agenda under 5-a at the request of Mr. Brighton, reference PZ82-23. Ghairman Castimore asked for unanimous consent and motion passed. 4. APPROVAL OF MINUTES of November 10, 1982 MOTION: Commissioner Blanning moved approval of the minutes of November 10, 1982 seconded by Commissioner Smalley. VOTE: Motion passed unanimously KENAI ADVISORY PLANNING & ZONING COMMISSION Page 3 Regular Meeting, November 24, 1982 5. OLD BUSINESS a. Mr. John Jackson: Reference PZ82-23 Variance Request for trailer in Helen Jones Subdivision Mr. Bob Jackson spoke for Mr. John Jackson explaining to the Commission that the trailer is set up and there is an .occupant and further that to move the trailer would be costly. The present owner has no objections. Mr. Jackson further pointed out that the trailer is set up temporarily and will be moved depending on the situation with the storage building on the lot. Mr. Jackson does not own the land but it is under contract to buy by Mr. Thompson. MOTION: Commissioner Lewis moved, seconded by Commissioner Roth to reconsider PZ82-23, variance request on 15' setback. There were no objections Commissioner Lewis pointed out that there were not exceptional circum- stances on the application form 4-A where it indicates this must be one of three conditions for the variance to be granted. Mr. Jackson explained that the exceptional condition was the storage house, that the trailer had been set up for security for the storage house and that once the need for the storage house was eliminated, the trailer would be moved. Discussion followed concerning how long the trailer would need to be at the location and the problems involved in moving the trailer. MOTION: Commissioner Lewis moved to adopt Resolution PZ82-23 as amended to change item 4-A to indicate that there are exceptional physical circumstances, and reflecting a 2 year limitation on maintaining a trailer at this location in item 6, seconded by Commissioner Roth. VOTE: Motion passed with unanimous roll call vote 6. NEW BUSINESS a. Lease Application: (Conceptual Approval) Lot 2 & 3 Cook Inlet Industrail Airpark Subdivision Mr. Borgen was not in attendance. Mr. Brighton requested that the lease application be delayed for hearing due to the land not being available at this point in time as it is going through a rescinding KENAI ADVISORY PLANNING & ZONING COMMISSION Page 4 j Regular Meeting, November 24, 1982 process, the council has agreed however the papers have not been signed. Until the papers are signed the land is not available and the lease had not gone through the proper channels. MOTION: Commissioner Lewis moved, seconded by Commissioner Smalley to table this lease application. VOTE: There were no objections b. Discussion: Home Occupation in Redoubt Terrace Subdivision Mr. & Mrs. Motz appeared before the Commission, Chairman Castimore passed the Chair to Vice Chairman Blanning. All material was introduced and pictures were passed out. Mr. Motz explained that the enterprise began strictly a,s home use only, however friends encouraged them to open the facilities up to neighbors and friends which they did. Mr. Motz further explained that. he was unaware of restrictions and had checked with the bank on covenants and found that the covenants did not prohibit this type of enterprise. Mrs. Motz resigned her jobs to take care of this business. The Gity Building Inspector has seen the facilities and issued a building permit for the bathroom. Mr. Brighton asked if what the Motz' were seeking is a home occupation application, this appeared to be the case. Mr. Motz informed the Commission that there is no advertising and would be doing none and there are no signs nor will there be, it is strictly for friends and the neighborhood. Discussion followed covering compliance with the code, it appeared that the criteria had been met. Parking was addressed, Mr. Motz indicated that there would not be more than 1 or 2 cars at the house at a time.. The Commission reviewed the memo from the City Attorney and discussed the problem which arose when the Motz' charged for the services making it a business. Commissioner Blanning asked if the home occupation permit were authorized, could it also be rescinded should there be complaints and :that it exceeded the scope of the original intention. Mr. Brighton indicated that it could... Commissioner Smalley asked if the Commission could grant conditional approval and send the matter on to the attorney, Mr. Brighton explained that there probably would be no further information, it was now in the perview of the Commission to deny or grant with the provision that the application can be revoked. KENAI ADVISORY PLANNING & ZONING COMMISSION Regular Meeting, November 24, 1982 Page 5 Commissioner Quesnel expressed her feeling that residential areas were designed for the purpose of remaining residential and the domino theory could result. There is an area in downtown Kenai for businesses and should remain there thus protecting the residents of an area so designated. Vice Chairman Blanning called for a concensus from the Commission as to whether the Commission agrees that the Motz' do qualify for a home occupation/limited business. Commissioner Castimore stated that his concern lay with the neighbors in that no input had come regarding this home occupation and what are the legal ramifications of not having public input. Commissioner Blanning stated that with the regulation as written, if complaints come in, the application can be revoked. VOTE: Unanimous approval by the Commission The subject was raised that other businesses are going on in residential areas, the Commission agreed that part of the responsibilities of the Commission is to protect the public, however, the .Commission is not "head hunters" either. The Commission discussed procedures for Home Occupations as stipulated in the code and from past cases indicating that a more formal procedure was in order to further protect the public including the issuing of building permits, i.e. would that be sufficient. It was concluded that at least a form for application would come before the Commission. c. Preliminary Plat: Brown Subdivision, Resolution PZ82-35 There was no one present to represent the plat. The Commission expressed concern over the incompleteness of the plat and the questions raised. particularly the location of the designated lot shown. MOTION: Commissioner Smalley .moved to approve Resolution PZ82-35 with correction of negative findings 8, 9, & 10 as listed, seconded by Commissioner Roth. It was finally decided that this lot was in the area to have water & sewer and this plat would subdivide one lot into 2 to allow for an additional stubout. VOTE: There were no objections ~ KENAI ADVISORY PLANNING & ~NING COMMISSION Page 6 Regular Meeting, November 24, 1982 d. Preliminary Plat: Duncan Subdivision, Resolution PZ82-36 The Commission reviewed the plat which. appeared to be very straight forward and again in the area to receive water & sewer from the City. MOTION: Commissioner Smalley moved to approve PZ82-36, Duncan Subdivision with correction of negative findings, 8 & 9, seconded by Commissioner Roth. VOTE: Motion .passed unanimously. 7. PLANNING MOTION: Commissioner Smalley moved, seconded by Commissioner Blanning to remove the subjects of Cluster Housing Ordinances, Sign Ordinance, & Section 36 Lands from the table. VOTE: Motion was approved -_._,- After discussion, the Commission agreed to hold a work session on these items. Chairman Castimore requested a check with the city attorney for any additional information. 8. OTHER BUSINESS There were no reports from Council, Borough Planning, or City Administration. Commissioner Smalley gave a brief summary of the Council meeting attended by himself and the other Commissioners. It was agreed that more information was needed. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10. COMMISSION QUESTIONS & COMMENTS 11. ADJOURNMENT The_Commission voted unanimously to cancel .the meeting of December 22, 1982 and further set the work session on the Planning items for November 30th at 7:00 p.m. at the City Hall. There being no further business, the meeting was adjourned until December 8, 1982 at 7:00 p.m. in the Council Chambers. Re ctfully submitted: J t Loper, e retary PLANNING AND Roll Call ZONING CO~~MI,SSION - .~ .a . , Chairman Jack Castimore ~, ~ ~ ~ \I `~ ~ ~` '"~ Vice Chairman Jim Blanning ~ ~ ~ Mary Quesnel r,~ ~ ~ ~, ~ \' `~ ~\ ~~ Lee Lewis Dr. Paul Turner HaI Smalley ~ \ ~~ ,~,~ Bob Roth Ex-Offi i ~\ a \ c o