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HomeMy WebLinkAbout1983-07-27 P&Z MinutesKENAI PLANNING AND ZONING COMMISSION Regular Meeting, July 27, 1983 AGENDA MISSING ~~® KENAI PLANNING & ZONING COMMISSION Regular Meeting, July 27, 1983 ~C Kenai City Hall r Lee Lewis, Chairman ~~~ !~ J " 1. ROLL CALL Present: Lee Lewis, Phil Bryson, Chris Monfor, Bob Oleson, Ozzie Osborne, and Bill Zubeck Absent: Hal Smalley, excused 2. PUBLIC HEARINGS a. Variance Request: Setback Requirements in Deepwood Park S/D for the Construction of Multi-family Units Chairman Lewis noted that this is a returning item having been tabled at the last meeting due to lack of a voting quorum and called for comments from the floor. Mr. Bob Baker identified himself as one of the new owners of phase two of Deepwood S/D, there being two others. Mr. Baker stated that the owners are trying to do everything they can to enhance the property and the neighborhood. A study had been done in the Kenai/Soldotna area with the result indicating a shortage of rentals, including the Wildwood facility which will attract 24 persons moving into the Kenai area, this according to Mr. Russ Moody who is the Superintendent. Mr. Baker stated that he has built this same building on a smaller lot and has been very successful. Under the building are 6 covered parking spaces with each apartment being approximately 1,000 square feet. The variance is for front, rear, and side setback which, with the design of the building, will allow enough room to leave trees. RECESS to review the plans MOTION: Commissioner Osborne moved to take the request for variance from the table, seconded by Commissioner Zubeck. VOTE: Motion passed unanimously with Commissioner Bryson abstaining Chairman Lewis called for comments from the public. KENAI PLANNING & ZONING COMMISSION Page 3 Regular Meeting, July 27, 1983 Jeff Labahn pointed out that all the zoning ordinance really allows is the judgement of the planning commission to determine whether or not all three of those conditions are being met, those three points must be hit head on. Mr. Labahn explained that if not all three conditions are satisfied, then he would advise the Commission that the proper motion would be to deny the variance. The ordinance is set up so that there are certain criteria for the commission to use. Chairman Lewis read the three criteria and asked the Commission to consider. Commissioner Zubeck stated that he felt this application "did meet the criteria in that there are other apartments in the area with almost the same infringement". Commissioner Monfor stated that she "would like to see them be able to keep as much of the wooded area and natural look if possible so I'm sure that falls in there, if we don't give them the variance on the setback they will cut down all the trees and the green area and make a parking lot out of it". Commissioner Monfor stated that she could see no problem there either, especially now that that's going to be a through street, they will be able to come down in one way and out another, it won't be a dead end street any more". Jeff Labahn stated that the best way to sum up a variance is does the matter of the variance deny that person, the property owner or developer a reasonable use of his property and that is the general premis that these criteria are based. Does the individual have reasonable use of his property and would the denial of the variance deny him the reasonable use of the property. Chairman Lewis called for a motion and vote from the Commission. MOTION: Commissioner Zubeck moved to grant the request far the variance for Deepwood Park Subdivision, seconded by Commissioner Monfor. VOTE: Motion failed with Commissioners Osborne and Oleson voting no, Commissioners Lewis, Monfor, & Zubeck voting yes, Commissioner Bryson abstaining and Commissioner Smalley absent. KENAI PLANNING & ZONING COMMISSION Page 2 Regular Meeting, July 27, 1983 Mr. Carmen Gintoli came forward to express objection to the variance on the grounds that the proposed construction did not meet the three criteria as described in the request. Number one being the"exceptional physical circumstances", the apartments next door appear to meet all three criteria; number two referring to" practical difficulties or un- necessary hardship", these are self imposed; and number three referring to "material damage to other properties nor be detrimental to the public health, safety or welfare", by reducing the size of the lots and increasing the density, as stated at the last meeting, does that not create a health hazard. Mr. Gintoli referred to the memo submitted by Mr. Labahn and asked the Commission to enforce the code as it refers to variances on the books. Mr. Gintoli stressed that he was not opposed to the multi-family residences, only the ratio of lot to building. Mr. Gintoli pointed out that Mr. Baker has been talking of buffers and saving trees, however, by looking at the site plan, there is only paving. Mr. Doug Keating, agent for ERA Property World who stated that there is a need for additional living units in the area. There has been 0 vacancy for the last year with phone calls coming in daily from persons wanting places to rent. Mr. Keating stated that in his opinion the construction now going on will not fill the need. Pat Porter came forward to speak against the variance stating that she also was not against the multi-family housing aspect, but the small lots. Mrs. Porter stated that the covenants of Deepwood state that lots cannot be reduced unless two owners split a middle lot making three lots into two, therefore Mr. Baker should consider making his buildings smaller to fit the lot, plans can always be changed. Donna Street, a resident of Deepwood Subdivision came forward to state that she is opposed to the variance for all the reasons stated. Commissioner Zubeck stated that he had no problem with the setbacks surrounding the lots, but did have a problem with the 10' between the buildings, Mr. Baker drew his plans on the board for those present ~ stating that he could, as an alternative should the variance be denied, build a box like building and pave to the street with no buffer of trees. 1 KENAI PLANNING & ZONING COMMISSION Page 4 Regular Meeting, July 27, 1983 Jeff Labahn pointed out that, given the opinion of the attorney, it takes a majority of the full body to carry a matter such as a variance and it appears that the issue has failed as only 3 positive votes have been cast. Mr. Labahn will consult with the attorney first thing in the morning to confirm the issue. 3. AGENDA Chairman Lewis added 2 items to the agenda: 5-a, Lease Application from Pace Corporation for Katmai Hotel, 5-b, Lease Application, Jess Hall for Etolin S/D Agenda was approved with the additions. 4. APPROVAL OF MINUTES of July 13, 1983 Commissioner Osborne noted that his name appeared in the minutes as having seconded motions, change the name Osborne to Zubeck on those motions. The minutes were approved with the noted corrections. NOTE: the minutes approved where the amended minutes rather than the draft copy in the packet. 5. NEW BUSINESS a. Lease Application: Lot 2, Alyeska S/D, Part 3, Katmai Motel, Mr. & Mrs. Pace. Jeff Labahn explained that the applicant has come back with the revised site plan which basically is the same except that the building now is farther to the rear of the property to conform to the building setback. Mr. Labahn suggested that the time scheduled for substantial completion date be 2 years after the execution of the lease with the city and not approximately July 1, 1986. The Commission reviewed the site plan and application. The building concept remains the same. MOTION: Commissioner Bryson moved to approve the Pace Corporation application to lease lot 2, part 3, Alyeska S/D with the time schedule for development starting at the time of ~ formalization of the lease and proposed completion date 2 years hence, seconded by Commissioner Monfor. '~ KENAI PLANNING & ZONING COMMISSION Page 5 Regular Meeting, July 27, 1983 VOTE: Motion passed unanimously. b. Lease Application: Lot 6, Block 1, Etolin S/D, Jess Hall Mr. Hall brought a site plan and building plans. The Commission recessed to view the plans. MOTION: Commissioner Bryson moved to take the application from the table, seconded by Commissioner Monfor. There were no objections. MOTION: Commissioner Bryson moved approval of the lease application with the attached material,. seconded by Commissioner Monfor. Motion passed unanimously. ~ 6. NEW BUSINESS a. Preliminary Plat: PZ83-42, Parsons S/D It was noted that on the staff comment sheet, the building inspector had noted a house in the process of being constructed without a building permit. Howard Hackney was asked how far along the construction was, he answered that the foundation was in but progress on it was slow. Jeff Labahn recommended that the plat not be filed until the building permit was obtained. Councilman Wise indicated that to his knowledge there were assessments owing in a large amount and would recommend checking into this before passage. MOTION: Commissioner Monfor moved that PZ83-42 be tabled until more research is done by staff and the owner abtains a building permit, seconded by Commissioner Osborne. VOTE: Motion passed unanimously. b. Preliminary Plat: PZ83-43, Strawberry Hill Estates The city engineer has advised the subdivider that all the streets as shown as dedicated ROW's must have the engineering design approved by the city prior to construction, since all lots have not been labeled it is KENAI PLANNING & ZONING COMMISSION Page 6 Regular Meeting, July 27, 1983 assumed that they are 40,000 +, 77 Avenue S.E. is Devray Street, and recommendation that the cul-de-sac as indicated be extended through to the ROW. The cul-de-sac came under question, the city requesting no cul-de-sacs for snow removal reasons, Commissioner Zubeck stated that Anchorage also discourages cul-de-sacs not only for snow removal reasons but for utility reasons, ending in a confused jam at the end. MOTION: Commissioner Bryson moved to approve PZ83-43, correction of negative findings, incorporation of staff comments with the exception of the cul-de-sac which is to be negotiated with Administration and subdivider, seconded by Commissioner Zubeck. VOTE: Motion passed unanimously. c. Preliminary Plat: PZ83-44, Irene Estates The question posed by the city engineer was regarding the flag lots, can lots 5 & 6 be served by city sewer due to the elevation differencial and suggested a note on the plat be indicated to that matter. Commissioner Bryson asked if "the lots can be served by community water & sewer", Jeff Labahn stated that they would as they meet the 20,000 square feet. Discussion followed on flag lots, with the possibility of the flag becoming a ROW at a later date. Mr. Bradford agreed. MOTION: Commissioner Bryson moved to approve PZ83-44 with correction of negative findings, incorporation of staff comments, providing for flag lots with the panhandle portion 25' rather than 20', seconded by Commissioner Osborne. Councilman Wise asked why not vacate Aviation Street due to the fence, Jeff Labahn explained that other dedications had been made to the north. Commissioner Bryson stated for the record "that centerline of Aviation Street is a section line and I believe the fence is 40' east of that line, I personally feel it has advantages and disadvantages from construction of the street and will definitely adversly affect the number of houses along this alignment if it were constructed." Discussion continued. ~ KENAI PLANNING & ZONING COMMISSION Page 7 Regular Meeting, July 27, 1983 Howard Hackney pointed out that the lots are very narrow, only 64' wide and by dedicating that flag at 25' the lots become narrower. With a flag, a house needs only a 10' setback, with a dedicated ROW it requires a 25' setback. This is something that needs to be kept in mind. VOTE: Motion passed by unanimous roll call vote. d. Preliminary Plat: PZ83-45, Miller S/D It was noted that a dwelling is situation to face Aviation Street and probably sits well within the setback requirements by 4' or 5' from the lot line. MOTION: Commissioner Bryson moved approval of PZ83-45 incorporating staff comments and correction of negative findings, seconded by Commissioner Osborne. VOTE: Motion passed unanimously e. Preliminary Plat: PZ83-46, Continental S/D The Commission reviewed the plat. MOTION: Commissioner Osborne moved for adoption of PZ83-46, seconded by Commissioner Monfor. VOTE: There were no objections. f. Preliminary Plat: PZ83-25A, Getty S/D Revised The changes indicated on the revised plat are acceptable to staff, the only changes being the elimination of two lots (combined into one lot) and the elimination of a cul-de-sac, which will be reworked at a later date with the adjacent property owner. MOTION: Commissioner Monfor moved, seconded by Commission Osborne to approve PZ83-25A. VOTE: There were no objections. KENAI PLANNING & ZONING COMMISSION Page 8 Regular Meeting, July 27, 1983 g. Rezoning City Lands Jeff Labahn explained that these three items are before the commission for consideration and direction for admini- stration. The first item is Section 36. The Council's recommendation was to rezone the bluff portion of Section 36 from rural residential to suburban residential to provide for the sewer & water that will go in that area. MOTION: Commissioner Osborne moved, seconded by Commissioner Monfor to schedule a public hearing for the rezoning of Section 36 lying west of the Kenai Spur Highway. VOTE: Motion passed by unanimous roll call vote The second item to consider is the land near the F.A.A. tower that Bob Bielefeld wished to lease. The Council consented to his lease and felt it appropriate to rezone this area to light industrial. MOTION: Commissioner Bryson moved to propose that the tract of land lying north of the F.A.A. tower dimensions, 400' x 600' be rezoned (clarification: that a public hearing be set) from conservation to light industrial, seconded by Commissioner Oleson. VOTE: Motion passed unanimously. The third item is the area of the airport facility proper which is zoned conservation and again not an appropriate zone. Since there is not a good boundary description at this point, Mr. Labahn suggested bringing the issue up at the next meeting and a map will be available at that time for consideration. Commissioner Bryson stated that he concurrs with that and request that Mr. Labahn go ahead with that. Those two public hearing requests for rezoning will probably be scheduled for two meetings from this date or August 24th. 7. PLANNING a. Sign Code Ordinance ~ This will be taken up at a work session at a later date. KENAI PLANNING & ZONING COMMISSION Page 9 Regular Meeting, July 27, 1983 b. Building Encroachments The Commission briefly discussed this issue, concurring with the memo by Jeff Labahn. More discussion will appear on the next agenda. c. Tract D, Daubenspeck S/D - Design Concepts The Council has asked the Commission to reactivate their thoughts for designs of this property. Mr. Labahn presented 4 different concepts for review and consideration. It is assumed that the use for the area will be residential as it is zoned suburban residential unless otherwise indicated. d. Planned Unit Development Mr. Labahn encountered a need for more direction and definition before drafting the ordinance. Some discussion took place with the issue coming back for a work session. 8. OTHER BUSINESS a. City Council Report Councilman Wise reported that the Council discussed the issue of tent campers in the vicinity of the borrow site on Marathon Road. There is supposed to be an ordinance being drawn up by administration banning camping on private lands and public lands except at designated sites within the city. Discussion on inquiry of HEA regarding availability of city lands for building a facility, the Ridgeway facility being limited in space. The Council made a motion that the city would be willing to offer some airport land for sale or lease. Regarding Section 36, there was a motion to do some preliminary platting to establish roads, sewage, etc. to service the area. c. Borough Planning Report Commissioner Bryson reported that the McBride vacation request was approved, approved with modifications (same as city's) Basin View S/D, Continental S/D, Parsons S/D, Strawberry Hill, and Irene Estates were approved. Discussion took place regarding recreational subdivisions. The Borough is drafting an ordinance to address this type of development. KENAI PLANNING & ZONING COMMISSION Page 10 Regular Meeting, July 27, 1983 d. Administration Report Mr. Labahn stated that he had nothing new to report, discussion followed regarding variances. It was suggested that a statement of finding was very important especially in cases such as this where the decision may.. very well be appealed, that the reasons for or against be put in writing by each commissioner and can become a matter for the record should such an occurance arise again. Mr, Labahn explained that the motion only approved the variance and did not make reference to either the resolution or a statement of finding. Within the body of a variance is the finding. 9. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 10 COMMISSION QUESTIONS & COMMENTS Commissioner Monfor asked about the status of the car wash, the bowling alley, and the sheet metal plumbing business. Mr. Labahn began with the car wash explaining that the rezoning is now going through the Borough Assembly, the bowling alley lease is ready to sign, and the sheet metal business withdrew their application for lease. 11. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting of the Planning Commission will be Wednesday, August 10, 1983. 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