HomeMy WebLinkAbout1983-12-14 P&Z MinutesKENAI PLANNING & ZONING COMMISSION
i Regular Meeting, December 14, 1983
Kenai City Hall
Lee Lewis, Chairman
AGENDA
x:00 p.m. Work Session on Section 36 Development with:
McLanes & Associates, Parks & Recreation Commission, and
Kenai City Council
1. ROLL CALL
2. AGENDA APPROVAL
3. PERSONS PRESENT SCHEDULED TO BE HEARD
4. PUBLIC HEARINGS
a. Extension of Tern Avenue between Sprucewood Glen
~ S/D and Walker Lane
b. Planned Unit Residential Development Ordinance
5. APPROVAL OF MINUTES of November 23, 1983
Note: Minutes not available for .the packet. Minutes
will be available at the meeting.
6. OLD BUSINESS
a. Ordinance 891-83: Building Survey Requirements
b. Lease Application: Robert Schmidt/Robert Ducker/Lottie
Edelman - Lot 1, Kenai Spit S/D - Fish Processing Plant
Expansion and Boat Storage
c. Discussion: City-owned Lands Within Section 31, T6N,
R11W, S.M.
7. NEW BUSINESS
a. Lease Application: Kenny Carver - Unsubdivided City
Land Adjacent to Lot 1, Block 5, Cook Inlet Industrial
Air Park S/D - Expansion of Carver Drilling Company
'y KENAI PLANNING & ZONING COMMISSION
AGENDA
December 14, 1983
Page 2
b. Resolution PZ83-77: Preliminary Plat, Basin View S/D
Part 3, Amend Lots 3 & 4
c. Resolution PZ83-78: Preliminary Plat Revised, Hayes S/D
d. Discussion: Recommended Planning Study Projects for
1984
e. Discussion: Topics Suggested by Mayor Wagoner:
Assumption of Zoning Powers
Consideration of Illegal Businesses
8. PLANNING
9. REPORTS
a. City Council Report
b. Borough Planning Report
c. City Administration Report
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
11. INFORMATION ITEMS
This is a new topic. The items included in your packet
marked "INFO" are just that. They are included at this
point since the next item on the agenda is:
a. City of Kenai Population Estimate
b. Recommended Harbor Design
c. Sprucewood Glen S/D Final Plat
12. COMMISSION COMMENTS & QUESTIONS
13. ADJOURNMENT
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KENAI PLANNING & ZONING COMMISSION
~ Regular Meeting, December 14, 1983
Kenai City Hall
Lee Lewis, Chairman
1. ROLL CALL
Present: All Commissioners Present
Commission remains one member short
2. AGENDA APPROVAL
Agenda approved with no changes
3. PERSONS PRESENT SCHEDULED TO BE HEARD
None
4. PUBLIC HEARINGS
a. Extension of Tern Avenue between Sprucewood Glen S/D
and Walker Lane
~ Jeff Labahn explained to the public and to the Commission
that approximately 82 persons appearing on the tax parcel
rolls as property owners of the area were notified by mail
of the public hearing. At present there is no intention of
construction of Tern Avenue from Beaver Loop Road to Walker
Lane, this hearing is to get a feel from the public and
property owners of the area as to their desires.
Chairman Lewis called for comments from the public present.
Mr. Larry Attleson, a resident of
Subdivision came forward to speak
Avenue all the way through. Mr.
would relieve traffic problems at
Lane and the Spur Highway as well
subdivision without going all the
Central Heights
in favor of putting Tern
Attleson stated that it
the intersection of Walker
as another access to the
way around.
Chairman Lewis stated that he had received comments from
persons living in the area which were also in favor of.
another access.
Jeff Labahn introduced a letter from Fire Chief Winston
requesting that should the street not go through, another
name be given to the portion of Tern Avenue that runs in
front of Sprucewood Glen which would assist emergency
personnel in identifying which street. Should Tern Avenue
KENAI PLANNING & ZONING COMMISSION
i Regular Meeting, December 14, 1983
Page 2
go all the way through to Walker Lane there would be no
problem since houses would be identified by street numbers
and also be east or west Tern.
Commissioner Smalley stated that most comments he had
received were also in favor of the extension of Tern Avenue
with only one person speaking in opposition.
No action is required at this time and none was taken.
b. Planning Unit Residential Development Ordinance
Mr. Labahn explained that advertising of the public hearing
had been done in the local media plus 30 plus mailings had
gone out.
Chairman Lewis called for comments from the public.
Mr. Mark Passe came forward stating that he was not
representing the Homebuilders Association. Mr. Passe stated
that with the addition of both floors, not the ground floor,
you're essentially cutting any project whether it be units
or the size of the units in half. With developing costs
such as they are he is concerned about this portion of the
ordinance. Mr. Labahn stated that the major reason was to
provide a tradeoff for increased density under 21.76.156 D
"the dwelling units per acre provides for a greater density
than under the normal zoning code". The intent of
increasing the density and decreasing the lot coverage is to
allow a builder to cluster units on a site. It would be
especially applicable if the builder had view property or
property of a difficult terrain which would prohibit
construction in the way now cited.
Mr. Passe asked when a person would want to use a PUD type
of development, Mr. Labahn explained that it would be most
applicable in cases where you would have expensive view
property where only a portion of it is developable. Mr.
Passe then asked if there was more time to study the
ordinance, Mr. Labahn stated that this was the first public
hearing on the ordinance after many work sessions so there
will be mare time for discussion and study.
Councilman Wise stated that he was upset about in that
"these provisions apply to some of the large communities
that I have been associated with such as Anchorage where you
put in golf courses and large open areas, to protect
waterways in undevelopable areas which is fine and it
permits you to have the whole tract for golf courses and
conservation zones, etc. under that situation I would have
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 3
5.
6.
no objection, but I don't see that as being the case that
applies to the city because we aren't going to have any 200
acre PUD's even in Section 36." "I think it's punitive the
way its written, total floor space, I think its based on
that premise, I think it should only be ground floor space
myself".
Mr. Labahn made 2 amendments for consideration which would
clarify the ordinance: 1) on page 2 under D, the dwelling
units per acre be the same as urban residential, i.e. it
would be subject to individual review by the planning
commission, the number of dwelling units per acre in some
cases would actually be more restrictive than what's allowed
under the present zoning ordinance, retaining the 6 dwelling
units per acre in rural residential and the open alternative
under urban residential; 2) under g, 1 on page 2, "the
development requirements of the specific zoning district,
except as otherwise allowed shall apply to all portions of
the development." Delete: "the non-single family portions
of the development". This would clear the issue of what
standards prevail.
Chairman Lewis informed the Commission and those present in
the audience that the next public hearing would be January
11th, the next regular meeting of the Commission.
APPROVAL OF MINUTES of November 23, 1983
None available for this meeting
OLD BUSINESS
a. Ordinance 891-83: Building Survey Requirements
Mr. Labahn explained that this returns after the last
meeting which was passed on to the attorney. There is no
formal memo from the attorney, however his comments were
essentially that the city should not be put in a position of
responsibility as far as the location of the improvement on
the lot which clearly causes a conflict with what the
Homebuilders Association proposed at the last meeting.
Chairman Lewis asked Mr. Labahn to explain what the implied
is that was mentioned. In the letter from the Homebuilders
there were several references involving the building
inspector as far as making a judgement whether a survey
would be needed, utilizing him out in the field. This is
what the attorney is advising the city stay away from.
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 4
Chairman Lewis called for comments from the public. Mr.
Mark Passe appeared as representative of the Homebuilders
Association. Mr. Passe stated that since the attorney has
advised against the proposal the Association wishes to
withdraw the proposal but wishes to work with the Commission
in arriving at a mutually satisfactory result. He also
reitterated the three concerns on the first page of the
letter. As an alternative, the Association wishes to support
Mr. Hackney's proposal of levying a fine of $500 as a
minimum for any violations. The Association feels that the
number of infractions have been minimal and the problems
that do arise should not be spread among the consumers who
will bear the cost, it should be levied strongly on someone
who must appear before the Commission who has caused the
violation. The Association proposes to have a hand drawn
sketch which would include the lot size, size of the
building, and from the number of stories, Mr. Hackney would
determine the side lines. The setback and ROW that lines
would pertain to that lot thus making Mr. Hackney forewarned
of any problems.
Commissioner Zubeck asked, "if you go to build a house and
you don't have the lot corners in there, how do you know if
you are setting it back properly". Mr. Passe stated that
they don't build unless they know where the lot corners are.
Commissioner Zubeck stated that if you know where the lot
corners are, you will have had to have a survey before you
brought the property. Mr. Passe stated that the Association
feels that the majority of the problems do not lie with the
professional builder and there are no figures available to
support this, but feel its from older existing homes or
where streets have changed since building the house.
Commissioner Zubeck asked how a builder knows he's on the
lot if he doesn't have the corners located, Mr. Passe stated
that if they don't have the property corners on the lot,
they have a surveyor come out and find them, Commissioner
Zubeck stated that that is what the Commission is after,
that the property corners be established before the house
can be built regardless of the sketch. Commissioner Zubeck
also stated that he would like to see water & sewer lines
located on the drawing since they are hard to find and this
step could eliminate slot of problems later on. Mr. Passe
stated that this type of drawing is required in Soldotna and
has been for a couple of years. Soldotna has a form which
the builder fills out with locations and dimensions.
Commissioner Bryson asked if Mr. Hackney had the authority
to require the lot corners, Mr. Labahn stated that he does
have the authority to require whatever is necessary.
Commissioner Bryson then asked if Mr. Hackney had the
authority to levy a penalty for an encroachment, Mr. Labahn
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 5
stated that under the zoning ordinance a fine can be levied
for $100 for each offence, an offence being a setback, an
improper use or whatever. Commissioner Zubeck stated that
he felt that laid alot of responsibility on the building
inspector. Commissioner Zubeck pointed out that some of the
mistakes that can be made would cost far more than the $500
fine. Some of these mistakes can stop sales and cause slot
more problems. Commissioner Zubeck further stated that one
of the requirements for the Municipality is a plot plan done
by a certified surveyor before a building permit can be
issued which solves many problems. Mr. Passe stated that he
felt that was a paper plat only which was what he was
proposing. Commissioner Zubeck stated that since a bank
required an asbuilt anyway, why shouldn't one be done before
construction as the owner would be taking it to the bank
anyway. Mr. Hall and Mr. Passe felt that it could not be
done, Commissioner Zubeck stated that a surveyor could do it
and in most cases it would be quite simple. Mr. Hall stated
that in Kenai, the corner stakes are wiped out when the
ground is cleared for construction, Commissioner Zubeck
stated that that was not necessary. Mr. Passe stated that
instead of a surveyor doing the drawing, why not use a
professional builder to do the same.
Commissioner Bryson asked staff to draft a substitute
ordinance addressing the requirements of a plot plan to be
provided by the developer recommending survey corners of the
lot be provided, addressing the fine issue, and consi-
deration of a maximum size lot that we're talking about.
These problems that we're talking about are generally small
lots. Labahn, is it your intent to require that veri-
fication that all lot corners be in place? No, two of the
lot corners. Commissioner Zubeck stated that for the
developer all four corners should be in there. Most lots
now days are not square and need this. Commissioner Zubeck
stated that as a builder if you have 19 - 20 lots and
someone gives you a plat, wouldn't you want all four
corners. Mr. Labahn stated that no matter what way is
decided to go on this, there still is no set way of dealing
with encroachments. Same have been handled by setback
lines, some by variance, etc. While looking at this we do
need to take a look at establishing some type of process
once we agree on where we want to go with the ordinance.
Commissioner Bryson stated that a variance is not an
appropriate way to deal with an encroachment and yet we do
this in some circumstances to make some of these quasi-legal.
Commissioner Zubeck asked if the city required a contractors
license to build say 1 home per year, etc. Mr. Passe stated
no, Commissioner Zubeck asked why. Mr. Passe informed the
Commission that the state does not require one for building
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 6
1 or 2 homes per year. Commissioner Bryson stated that one
of the more important aspects of this is having the support
of the Council but too, having the support of the Home-
builders Association and I think we should try hard to
work on something all parties consider reasonable. Mr.
Labahn will work on the draft incorporating the comments
made.
b. Lease Application: Robert Schmidt/Robert Ducker/Lottie
Edelman - Lot 1, Kenai Spit S/D - Fish Processing Plant
Expansion and Boat Storaoe
Mr. Labahn explained to the Commission that this item
returns to the Commission after the Harbor Commission
reviewed it and made a recommendation and a letter of
verification of what is intended submitted by the applicant.
A recommendation is needed from the Planning Commission for
the Council. The applicant was not in attendence, Mr.
Labahn had informed her that if there was any problem he
would recommend postponement until she could appear at the
next meeting. Mr. Labahn stated that his only concern is
what they are talking about developing does not require all
the property encompassing lot 1.
The Commission discussed the plat and the lease. Chairman
Lewis asked if this plan would entail a modification of the
lease, Mr. Labahn answered that it would.
MOTION:
Commissioner Osborne moved to recommend that the lease
applicant meet with administration and work out subdividing
lot 1, seconded by Commissioner Smalley.
VOTE:
Motion passed unanimously.
Chairman Lewis asked if this lease application needed to be
forwarded back to the Harbor Commission, Mr. Labahn answered
that it did not.
c. Discussion: City-owned Lands Within Section 31, T6N,
R11W, S.M.
Mr. Labahn stated that this item was on the agenda for his
clarification of the intent of the Commission. The motion
was to recommend against negotiating a sale with the
applicant, Mr. Sipperly, so the question still remains; was
that motion to negate any method of disposal of that
property or just to state that it should not be negotiated
or should it be disposed of in a competitive sale.
KENAI PLANNING &
Regular Meeting,
Page 7
Commissioner
the motion.
sale of that
ZONING COMMISSION
December 14, 1983
Bryson stated that his intent was not clear in
The intent was to recommend against having a
property.
7. NEW BUSINESS
a. Lease Application: Kenny Carver - Unsubdivided City
Land Adjacent to Lot 1, Block 5, CIIAP S/D - Expansion
of Carver Drilling Company
Mr. Labahn explained that since technically the land is
unsubdivided this is a concept lease application and is in a
preliminary form. The adjacent lot is to be used for
parking his equipment and no buildings are planned. Mr.
Labahn stated that originally Mr. Carver wanted to have
access from Willow Street to his property and advises
against it as it would create a "messy situation". The
Commission agreed that fencing, particularly slatted fencing
should be placed around the lot as required under the code
which states "sight obscuring" meaning more than just chain
link. Commissioner Bryson asked if this land was released
by the FAA, Mr. Labahn stated that it is not and work would
have to be done to release it. Commissioner Smalley
recommended for the record that no buildings be allowed
and a sight obscuring fence be placed on the lot.
MOTION:
Commissioner Smalley moved to approve the concept lease for
Kenny Carver, Lot 1, Block 5, CIIAP, seconded by
Commissioner Zubeck.
VOTE:
Motion passed unanimously.
b. Resolution PZ83-77: Preliminary Plat, Basin View S/D
Part 3, Amend Lots 3 & 4
Mr. Labahn explained that this plat was before the
Commission due to the sale by deed of lot 4 prior to the
filing of the plat making this plat necessary to legitimize
that sale.
The Commission reviewed the plat.
MOTION:
Commissioner Bryson moved approval of PZ83-77 with the
correction of negative findings and include staff comments,
seconded by Commissioner Smalley.
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 8
VOTE:
Motion passed unanimously
c. Resolution PZ83-78: Preliminary Plat Revised, Hayes
S/D
Mr. Labahn explained that the original subdivision dedicated
a 30' ROW and 5 lots. The revision shows a 50' ROW ending
in cul-de-sac with 4 lots. This was done at the insistence
of the Borough that there would be no way lot 52 could match
the 30' ROW. The other consideration would be an existing
building somewhere in the subdivision that is still not
shown on this plat.
MOTION:
Commissioner Bryson moved approval of PZ83-78 with
correction of negative findings 7,8, & 9 incorporation
of staff comments, seconded by Commissioner Smalley.
VOTE:
Motion unanimously passed.
d. Discussion: Recommended Plannin Study Pro'ects 1984
Mr. Labahn informed the Commission that the Borough has
agreed to lend the Commission support and consideration. Mr.
Labahn is unable to undertake the two main projects alone.
Mr. Labahn stated that he would like a consensus from the
Commission and then go ahead with a plan of attack for the
next meeting.
e. Discussion: Topics Suggested by Mayor Wagoner:
Assumption of Zoning Powers
Consideration of Illegal Businesses
NOTE: This item taken verbatim at the request of Mayor
Wagoner. The shorter version appears in this document.
It was the recommendation of Mr. Labahn to not pursue this
issue at this time, the Commission agreed to take no action.
8. PLANNING
There will be a joint work session with the Parks &
Recreation Commission at their regular meeting January 3,
1984 at 7:00 pm. The topic of discussion will be Section
36.
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
Page 9
Commissioner Smalley asked if with this 100' bluff strip, if
the City stipulates a 50°S cutting policy, and dwellings are
built, and some time along the line there is erosion and
someone has a study and determines that this policy of
allowing trees to be cut is the reason for the erosion does
that not make the city liable for property loss. Mr. Labahn
stated that this is a question for the attorney.
Commissioner Bryson stated that if covenants are written for
the property, with the city as owner, and the city releases
90°b of the property and holds 10°b as ROW, they may still be
interpreted as being a party to the covenants in having
responsibility. Commissioner Smalley asked, if the City
retains ownership of that bluff, then they could be liable.
Commissioner Bryson stated that they are going to have to
plat out that area that is part of that tract. (bluff
section)
9. REPORTS
a. City Council Reoort
Councilman Wise reported that an ordinance relative to the
float plane basin was postponed until April; the funds
appropriating funds for Section 36 development were passed;
postponed the acquisition of the 80 acres for the airport.
Commissioner Bryson asked Councilman Wise to bring the
Commission up to date on the Lowry lease. Councilman Wise
stated that the Council did not act on his request which was
for revoking his lease and creating 3 leases for the area.
Apparently when it was appraised, it was done with the 3
leases in mind. The intent of the 3 leases is to purchase
one of those leases. The Council did not understand the
immediacy of this request the way it was being handled.
Personally, Councilman Wise felt that even though the
preliminary plat had been approved, the final plat was
somewhat different and there had been discussion by the
Commission. Councilman Wise felt that the plat should come
back before the Commission for review, consideration and
comment. Council did not formally refer the subject to the
Commission, simply requested that Jeff present the plat.
Chairman Lewis stated that it had nothing to do with the
zoning which the Commission had reviewed for Mr. Lowry,
Councilman Wise concurred. Commissioner Bryson stated that
the plat showed only half of the 4-plex lots platted and
that they had not extended the commercial area back to the
way that was requested at the last meeting.
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
} Page 10
Mr. Labahn stated that the request was to break down his
over-all lease on the whole tract to 3 leases; one being
tract b, tract c, and the third being the balance of the
property. The major objection was that the plat had been
received that day, up until that time administration had no
way of describing what that property is. The reason tract f"
is not platted out as on the preliminary plat is that he a_s'
just installed the improvements .relative to these lots. He
will not be able to subdivide and develop any of those lots
indicated in tract ~ until he comes in with a replat.
Commissioner Bryson stated that it was his understanding the
Lowry was planning to leave two or three lots for commercial
within that RU zone, the Commission agreed. Commissioner
Zubeck asked what happened to Tern Avenue, Mr. Labahn stated
that it will remain a half cul-de-sac. Commissioner Zubeck
stated that the way its platted now the City could end up
having to buy the land to put the rest of the road through,
again the Commission agreed. Commissioner Bryson asked why
the city couldn't require that Tern Avenue be platted
through. Councilman Wise asked if the revised three leases
still restrict those 4-plex lots to the RU condition and if
sold, will the deed of sale have the same contractual
restrictions, Mr. Labahn stated that if Lowry turns around
and buys that area, the zone is still commercial. Councilman
Wise stated that what the Commission might want to consider
is to make a formal recommendation to the Council that you
have no objection to the three leases provided that the
third lease which is the 4-plex lease carry in it the
condition that the RU restriction apply and that in the
event of purchase that restriction continue with the deed.
If the restriction is not put in, anything can go because
the commercial designation is the way it currently exists.
Jeff Labahn and Councilman Wise pointed out that Mr. Lowry
has made it very clear that he has other plans for those two
remaining lots on the block with the 4-plexes so they could
very well be gas stations. Commissioner Smalley stated for
the record that he felt that the concept of Tern Avenue
being put through to Walker Lane be done regardless of
whether the land remains leased or purchased or replotted.
MOTION:
Commissioner Bryson moved to recommend approval of the three
leases per the applicant's request contingent upon 1) a-ROW
be platted across Tract F along Tern Street alignment, 2)
that approval of the lease be contingent upon the applicant
supporting the rezoning of Tract F, Blocks 1 & 2 to Urban
Residential as a part of the lease, seconded by Commissioner
Smalley.
KENAI PLANNING & ZONING COMMISSION
Regular Meeting, December 14, 1983
~ Page 11
VOTE:
Motion passed by unanimous roll call vote.
b. Borouoh Plannin4 Report
Commissioner Bryson reported that there was no quorum at the
last meeting.
c. City Administration Report
The recommended alternative for the small boat harbor from
TAMS was included for information, and the population
estimate for 1983.
10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
a. Mr. Leo Oberts
Mr. Oberts spoke to the Commission on the use of the Kenai
River and the City taking an active roll in it's management.
The river now has problems with numbers of boats and
horsepower which is destroying the banks. Mr. Oberts
~ informed the Commission that he plans to develop his river
front property. Commissioner Zubeck stated that with the
Castaways' 240 lots with access to the river that puts 240
more boats on the river, it's impossible now to fish.
11. INFORMATIONAL ITEMS
Included were the items referred to by Mr. Labahn in 9-c.
12. COMMISSION QUESTIONS & COMMENTS
None
13. ADJOURNMENT
There being no further business, the meeting was adjourned.
The next regular meeting of the Commission is Wednesday,
January 11, 1984
There will be a joint work session with the Parks &
Recreation Commission on Tuesday, January 3, 1984 at 7:00
at the City Hall.
e. Discussion: Topics Suggested by Mayor Wagoner:
Assumption of Zoning Powers
Consideration of Ille al Businesses
NOTE: This item taken verbatim at the request of Mayor
Wagoner.
Labahn - I don't want to get into a long discussion of
either of these in fact I'm not sure I want to get into a
short discussion to be dirty, but there was some questions
at the last meeting, about if we got serious about asking
for zoning powers, what type of costs are we talking about,
what type of man power are we talking about, and at present
the best I can give you is the information that was provided
by the City of Homer to me and they really cover some
interesting points and, ah, although the City of Homer is
considerably smaller than the City of Kenai by population
wise, um, you know they are experiencing some fairly rapid
growth and ah, you can see what their committment has been
since assuming the zoning power. I don't want to make an
implication that there would be an equal or ah, um, you know
committment that would have to be taken by the City of Kenai
you know but it gives you an idea of the types of things
that would have to be considered.
Bryson - You, you would most likely be that individual
anyway that they're referring to.
Labahn - that's right, that's right, I I hate to say too
much ah, cause it might sound like a conflict of interest or
something, but realizing, realizing their situation, ah I
think the city under their present you know staffing and
committments that they've made to projects ongoing now that
um, we'd really be, be out on a limb I think to take it on
ah, at this point in time. I think there's some very good
reasons to to consider doing it, ah, but as far as jumping
into it now and saying, yes, lets take it on, I feel its
premature. I would, I would recommend that the commission
take no action to recommend pro or con but perhaps some time
in the future we might want to take this up again and ah, if
- --~~^ peels so inclined to to persue it. We need~a
idea what we're talking about.
we'll have to go through public hearing
-~ k we did have one or two, two that I can
last 4 years.
e was slot of interest shown but mostly
against.
Smalley - mostly opposed, four major items that identified
and again costs need to be specifically identified, not just
initially but long term, ah, what's to stop the good old
borough from saying we want them back, ah, its difficult to
separate planning from zoning, you know, common ordinary
things, you know what about enforcement and all that stuff.
Labahn - the other point goes beyond that, essentially lies
with the Council, ah does the city council want to take the
responsbility for being the authoritative body for making
any changes to the zoning ordinance map or or text, ah, with
with the blessing of local control you get some of the
backlashes of of, getting spitted for itself. That's that's
one consideration of that that, you know I would sure
recommend to the Council before they took it up to to be
aware that that would be an increased responsibility on
their shoulders. Now that your aware somewhat of the scope
of the issue I guess I'll let it rest on your desk until
you'd like to pursue it further.
Labahn - As as far as the second topic ah, I talked with the
building inspector and also perhaps more importantly talked
with the attorney and the attorney has recommended to me
verbally that it would be ill advised for the for the city
to be in the position of as I understand it, of
grandfathering in currently illegal businesses, that would
create very very difficult problems. And ah, I would I
would recommend not pursuing that concept at this time. The
major concern being if you allow ah, any illegal business or
operator to come in during a, some type of a so called
amnesty period that ah, that really creates an inequity if
the city recognizes some but not others. I would strongly
recommend not pursuing that that avenue.
PLANNING & ZONING COMMISSION
Roll
Call
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/////
Chairman
Lee Lewis `~ ,~
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Phil Bryson ~ ~ ~ ~I `f
Bob Oleson "``
Ozzie Osborne \ ~ ~-~
(~ Hal Smalley ~ ~~
Bill Zubek _
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