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1987-07-22 P&Z Minutes
KENAI PLANNING & ZONING COMMISSION July 22, 1987 - 7:00 PM Kenai City Hall Lee Lewis, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES OF July 8, 1987 6. OLD BUSINESS 7. NEW BUSINESS a. Preliminary Plat PZ87-12: Spruce Grove S/D Hale Add. b. Preliminary Plat PZ87-13: Thumbelina S/D 8. PLANNING a. Amend Zoning Code: 14.20.240 Pertaining to Mobile Homes & Recreational Vehicles - Continued Pending Information from Attorney's Office b. Amend Zoning Code: 14.20.160 Pertaining to Townhouses (formerly Zero Lot Line) No Material as of Packet Time 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. Council Agenda b. Borough Planning Agenda c. Supreme Court Decision 12. COMMISSION COMMENTS & QUESTIONS 13. ADOURNMENT } KENAI PLANNING & ZONING COMMISSION July 22, 1987 - 7:00 PM Kenai City Hall Hal Smalley, Vice Chairman Presiding 1. ROLL CALL Present: Smalley, Bryson, Church, Mishou, O'Reilly, Osborne Absent: Lewis {excused) 2. APPROVAL OF AGENDA Agenda approved with the addition of item 3-a for Twin City Raceway 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Sign for Twin City Raceway - Mrs. Fred Pollard Mr. Pollard is a partner in a group that has taken over the Twin City Raceway. The raceway has been dormant for several years, this is the first year the property has been opened up for business again. In 1971 the former owners of the raceway placed a sign adjacent to property described as Lot 14, Blk"B, Beaver Creek Alaska S/D. During the time the raceway was inactive the sign remained in this location, eventually reaching a state of disrepair. Sometime within the last week, the building inspector informed the new owners that the sign must be removed, the owners complied. They were also informed that they could not put a new sign back up in that it violates the sign code section pertaining to a sign advertising the business at the same location as the business itself. The Pollards have asked to come before the Commission for help in determining if this ordinance does indeed apply, in that the sign has been at this location with no objections for several years. Commissioner Mishou asked for an explanation of "Grandfather Rights", which was given. Commissioner Smalley asked if the Grandfather Rights go with a change of ownership, answer yes. Commissioner O'Reilly asked about the moving of the sign, answer it was at the direction of the building inspector. Commissioner Smalley stated that depending upon the size of the sign, there is one problem with the location of the sign as they are proposing it, which is that there are a lot of three-wheelers that cross the road there, and if it were placed on the east side where it used to be, it would not inhibit anyone coming off the road. Mrs. Pollard agreed, stating that the location is not a factor. Commissioner Mishou asked for the ownership of the land on the PLANNING & ZONING COMMISSION July 22, 1987 Page 2 east side of the road, answer, it belongs to the State. Commissioner Smalley stated that there used to be a dump station at that site. Possibly Petrolane. Commissioner Smalley asked if there was anything in the current sign code concerning being that far away from the business, answer yes. A sign must be located on the property it advertises. When that ordinance went into effect I'm not sure, was it in 1983 when we did all those revisions, answer from Commissioner Bryson, wasn't there regulations addressing signs long before there was a sign ordinance. Has someone determined that this is a grandfather? Answer no. Commissioner Smalley noted that they said Howard told them they had to request a variance at the cost of $100. Commissioner Bryson stated that the grandfather issue would probably need to be evaluated. I know the raceway has been there for quite a long time, but the sign.... Commissioner Smalley stated that the sign has been there since I have been here. Commissioner Bryson stated that there has been something addressing signs for a long time also. Commissioner O'Reilly noted that the raceway started in 1971 because it was the year we moved here. Commissioner Smalley noted that he moved to Beaver Loop in 1974 and the sign was up then. Commissioner Smalley felt he had no problem with the sign and it is nice having it back there because a lot of people like to utilize the tract, but on the other hand, I agree that this body may not be able to determine if this is a grandfather issue. Specialist Loper asked if it is the wishes of the Commission that Pollards proceed with the variance. Commissioner Mishou asked which procedure would guarantee them that they could put up the sign and it would stay there without being harassed. Answer the variance would. Mrs. Pollard stated that there is no road frontage at all. If we put a sign up on the property no one would see it. Local folks would know its there, but those coming down from Anchorage and we have a couple of entrants from Fairbanks already, they don't know where it is. Commissioner Smalley noted that there has been a sign that still hasn't come down that advertises the shooting range. It's on the edge of the road and illegal also. Why is that. Answer from Specialist Loper, perhaps because it is a temporary sign. Mrs. Pollard stated that last week they put a sign on a trailer and pulled it out to the ditch. Commissioner Smalley asked if they are objecting to paying the fee for the variance to have the sign there. Answer from Mrs. Pollard, I wouldn't object, however, our company is just starting up and with the vandalism we had Saturday night, we are short of cash. Commissioner Mishou expressed surprise at the vandalism, Mrs. Pollard answered that it was extensive, the toilets were destroyed, fences, and the mechanics area. Commissioner Smalley suggested to move forward on this issue we could suggest that this sign is grandfathered and allow them to put the sign up, then what happens. Answer from Specialist Loper, PLANNING & ZONING COMMISSION July 22, 1987 Page 3 `~ she would then put her sign back I believe. Commissioner Mishou stated that then should it be addressed again in the same manner, and perhaps someone decides to levy a fine on them, that won't help. Commissioner Smalley asked if they could be levied a fine if we take action can they? MOTION: Commissioner O'Reilly moved that we grant Twin City Raceways Grandfather Rights to construct a sign at the original location, seconded by Commissioner Mishou. Commissioner Bryson stated that he would like some determination of the time frame on the ordinance prior to construction. The Commission agreed. Commissioner Church asked if this could happen prior to the next race, answer a variance would take about two weeks. Commissioner Smalley noted that the time would not allow them to have a sign up prior to the next race. The Commission suggested a temporary sign of some type, perhaps the idea of the sign on the trailer and a flat tire. The Commission also noted that a temporary sign would give them all winter to work on the necessary permits. The end of the season is the first of September, therefore the temporary sign would be a good alternative. VOTE: Motion passed unanimously 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES of July 8, 1987 Minutes were approved as submitted 6. OLD BUSINESS None 7. NEW BUSINESS a. Preliminary Plat PZ87-12: Spruce Grove S/D Hale Add. This plat is a simple lot split and remains within the minimum square footage for the zone. MOTION; Commissioner Bryson moved approval of PZ87-12 including staff comments, seconded by Commissioner Mishou VOTE: Motion passed unanimously. PLANNING & ZONING COMMISSION July 22, 1987 Page 4 b. Preliminary Plat PZ87-13: Thumbelina S/D Thus is a lot split of a government lot, 2.5 acres in the new RR-1 zone in the Cinderella area. The lot size falls within the minimum lot size for that zone. Commissioner Mishou will be abstaining due to financial involvement. MOTION: Commissioner Bryson moved approval of PZ87-13 with inclusion of staff comments, seconded by Commissioner O'Reilly VOTE: Motion passed unanimously 8. PLANNING a. Amend Zoning Code: 14.20.240 Pertaining to Mobile Homes & Recreational Vehicles - Continue Pending Information from Attorney's Office b. Amend Zoning Code: 14.20.160 Pertaining to Townhouses (formerly Zero Lot Line) Pending 9. REPORTS a. City Council Councilman McComsey reported on the last Counciā¢1 meeting b. Borough Planning Commissioner Bryson reported on Borough Planning Commission activities. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. Council Agenda b. Borough Agenda No comments PLANNING & ZONING COMMISSION July 22, 1987 Page 5 12. COMMISSION COMMENTS & QUESTIONS None 13. ADJOURNMENT There being no further business, the meeting was adjourned. The next regular meeting. of the Commission is Wednesday, August 12th. Janet A. Loper, Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION DATE : ~ ~ ~, Chairman Lee Lewis © -Phil Bryson Gloria Church ~' Leighton Mishou Marj O'Reilly ~ ~~ Ozzie-Osborne ' Hal Smalley Pass/Fail TO DO