Loading...
HomeMy WebLinkAbout1988-11-09 P&Z Minutes(~ 1 KENAI PLANNING & ZONING COMMISSION November 9 1988 - 7:00 P.M. City Hall Council Chambers Chairperson Pat Nault, Presiding AGENDA 6:00 P.M. WORK SESSION - RV Parks and Bed & Breakfast 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ88-19: Conditional Use Permit for Machine & Welding Shop - 635 S. Ames - Harris N. Miller b. Resolution PZ88-16: Conditional Use Permit for Extraction of Natural Resourse - Tract A-2A, Hollier S/D - Ed & Joanna Hollier (Extension of Public Hearing) c. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Smith (Reconsideration) 5. APPROVAL OF MINUTES of October 26, 1988 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING a. Recommendations to Council a~ ~~ PLANNING & ZONING COMMISSION November 9, 1988 .Page 2 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 11. INFORMATION ITEMS a. City Council b. Borough Planning c. APA News 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT PLEASE BE SURE TO BRING YOUR CODE BOOKS, COMP PLAN BOORS, AND BED & BREAKFAST AND RV PARK MATERIAL FROM THE LAST MEETING ~) KENAI PLANNING & ZONING COMMISSION November 9, 1988 - 7:00 P.M. City Hall Council Chambers Chairman Pat Nault Presiding 1. ROLL CALL Present: Nault, Bannock, Bryson, Glick, O'Reilly, Roberts Absent: Brown (excused) 2. APPROVAL OF AGENDA Agenda was approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ88-19: Conditional Use Permit for Machine & Welding Shop - 635 S. Ames - Harris N. Miller MOTION: Commissioner Glick moved for approval of PZ88-19, seconded by Commissioner Bryson Chairman Nault called for public comments. a. Harris N. Miller, 609 S. Ames Rd, applicant, stated he was there to answer any questions. Councilman Smalley: Nick, why are you asking for this? Mr. Miller: In 1979 I had a home occupation and when all this started coming up with everybody doing things up and down the road and they were sending notices out of people in violation my home owners doesn't cover exactly what I'm doing so I got sent a notice and I filled out the paperwork and I'm here. That's what I was told to get then and it no longer applies. Chairman Nault: It's also a different structure isn't it? Answer yes. Planning Specialist Loper: On a different lot. Councilman Smalley: I don't want to put words in your mouth but this is an attempt to clean up an existing situation that had been approved of years ago. Mr. Miller: Yes, but it is on a different lot and that one's been there since 1984. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 2 Councilman Smalley: Nothing has changed as far as the business, it was on a different lot then. Mr. Miller: As a home owner (occupation} yes, this is not the same lot. Commissioner Roberts: You do own the property do you not, answer yes. Councilman Smalley: You might explain to some of the Commission members as to what your intentions are on that particular lot. Mr. Miller: There is a cover sheet on there that explains it. What I started off doing was a hobby and I ended up getting a business license back in 1979. It's a one man operation, I do my own work, I don't have employees, there's no signs on the building, no signs on the street, everything I do is indoors, there's. no junk being stored on the property or around the building. There is nothing on the premises that indicates what I'm doing. It's a hobby that has a business license is what it basically is. Eventually, when I build my next house on the creek front then that shop will be a garage and a place for me to work on old cars. The purpose of the business is to make the money to pay for this. Commissioner Glick: The building that we're discussing, the building permit that was issued, was that a permit intended to be a garage. Mr. Miller: It's intent is to be a garage. Commissioner Bryson: Is the building itself on lot 5? Answer yes. Commissioner Bryson: Is your residence on a por,tio~,,of lot 5 also? Mr. Miller: No. This is the lot at the end of the road and the house is up on the first part of Ames Rd. The Commission reviewed the locations of the house and the garage on maps with Mr. Miller. Commissioner Bryson: Is the structure itself a conforming use in a conforming location as far as the garage. Does it deviate from the zoning requirements. Mr. Miller: The structure wouldn't. Commissioner Bryson to Howard Hackney, Building Inspector: Does the building itself conform to requirements for construction in that zone. Answer yes. Chairman Nault: Is there any noise generated by your business? Answer no, it is all indoors. Chairman Nault: There are no power tools or anything that you use that would generate noise. Answer no. Commissioner Roberts: In your opinion, is your business that you intend to perform there compatible and similar to the other businesses and residences in that area. Mr. Miller: I don't think any of them are compatible with the residential zone. Commissioner Roberts: Is there any other business of a similar nature in that area. Mr. Miller: There's the gravel pit but that's not a welding business, that's just a gravel pit. The other one I suppose is the bed and breakfast if that is allowed. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 3 Councilman Smalley: There's a boat storage facility just up the road from yours. Mr. Miller: There's that and another commercial fisherman just up the road that just built another building just like mine to store his stuff in. Councilman Smalley: That's what I mean. He's across from Dolchok. Chairman Nault: We have a couple of letters in our packet regarding your request for a permit and one of them alleges that you are using the building for repairing and building boats. Is that part of your welding and repair business that goes on there. Answer yes. Councilman Smalley: Nick, there used to be trees between your building and the existing gravel pit, do you know what happened to those trees. Mr. Miller: Most of that was when they built the new street down there. The street is between me and the gravel pit now so there's no buffer for the gravel pit that was excavated prior to that. Councilman Smalley: So, Nick, you're not responsible for the loss of the trees. Answer no. The setback is correct. There are a couple trees between me and the road and on the other side is road ditch. Commissioner Bryson: Was the building constructed after the lot was replatted for the roadway. Answer yes. We had to change the road around to do that and Enstar to put a gas line down there. WE had to have that done to get that done. Chairman Nault: What kind of traffic does this business generate. Answer very little. Chairman Nault: Cars, pickups, boats? Mr. Miller: Pickups, cars, stuff like that. Most of what I get is called in, people call me and want some work done, then the only time you can catch me is in the evening and on the weekends. Chairman Nault: When people to call you to do something do you do that on the property or do they bring boats over and you dismantle them or what goes on there. Mr. Miller: Whatever I do comes on there but it goes in the building, the work is done inside. And if I get ors that's a basket case it doesn't get left on my property it disappears. Councilman Smalley: Nick, how long have you been operating this business there. Mr. Miller: I've been in business since 1979 and this location since 1984. Councilman Smalley: Has the City had any complaints between 1979 through the present? Mr. Foster from the audience: I have complained. I've spoken to Mr. Hackney about an industrial business there. Councilman Smalley: But that's been very, very recently, within the last two years. b. Howard Hackney, Building Official read from KMC14.28 pertaining to conditional uses. Then Mr. Hackney read from the Land Use Table, stating that clearly industrial uses are not permitted in any zone other than heavy and light industrial. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 4 ~ c. Mr. Jack Foster, resident of Soldotna: We are proposing the RV park next door. The building itself, I don't think is a bad looking bad. I've commented a couple times that it's an ugly building. When I say that, its ugly to a residential area, its ugly to someone that wants to build a $150,000 house right next to it. There's no fence big enough to hide it. That shop would look good in Soldotna on Warehouse Drive where we have an office. If our development of the RV park was permitted, then I wouldn't object to this shop because it would not be incompatible to the area. The RV people are not going to be upset because of a shop next door, but as you can see this shop sits just down from the cul-de-sac and if we have a subdivision around this lake, every single lot, 25 to 30 lots are going to be looking at this 20'x60' shop and I am against that. I think the shop would be fine if our place is also commercial. The shop would fit in a commercial zone, and as a Commission you can see that that whole zone is going commercial. I don't object to that. Councilman Smalley: Are you saying that if you can't have yours then you don't want anybody else to have. Jack Foster: I'm saying that he's been giving a tremendous amount of trouble for the last two years because he wants peace and quiet. He wants solitude in his rural residential area. Then I think that shop shouldn't go. If you, right now, quit writing permits for bed and breakfasts, and guides, and shops, and you keep that area residential then the shop should not go there. But if you are going to continue to commercialize that area then the shop would be fine there. Councilman Smalley: But you don't abject to the building just being there. Jack Foster: The building looks good as long as it is in a warehouse district. Councilman Smalley: Is the building legal Howard? Answer yes. Councilman Smalley: So there's nothing wrong with this building from the standpoint of the city on this property. Mr. Hackney: There is nothing wrong with the building itself, no. Commissioner Bryson: To me the next most obvious use of the building is for boat storage. If that were the situation would your opinion be different. Mr. Foster: I think it would still, because what I object to is selling a parcel to someone and putting a code or covenants on that parcel that says you have to build at least a l25 square foot house. And that's what I want to do. I want to have an elite subdivision with covenants on it and if I go to the trouble of doing all this with the stocked lake and landscaping with nice homes, then I don't want them to look out their window and see that shop. Commissioner O'Reilly: Would you like this area to remain residential, is that what you're saying. Mr. Foster: No, I wouldn't. I would like to be able to put in our RV park. Commissioner O'Reilly: So when you're talking about the homes, KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 5 then that's not the main objective. Mr. Foster: The homes are what our permit allows right now. Mr. Miller himself is holding us to that original permit. Councilman Smalley: For the record it's the city not Mr. Miller. Nick would probably like to have that kind of power, but its the city. Mr. Foster: Does the city not listen to the public? Councilman Smalley: Yes, but he wasn't alone. d. Mr. Steve Foster, Soldotna and a partner in the gravel pit. Mr. Foster presented photographs of the shop and surrounding area. I agree with Nick that those trees that were between us and his shop were taken out with the new road. Mr. Miller came to us with the idea of extending the road. The existing road went straight in and came to a dead end. The city was unable to turn their plows around. The road ended at Nick's lot. The road was wide and a perfect place for his shop so if this road was realigned, and we would give up some property and Nick gave up some property then he could have a nice cul-de-sac and room for the shop. There was no question that those trees would have to go when the road was realigned. If you decide that his shop is within the ordinance I think that he should put a fence up at least 6' to 8' high to give a visual break there. It doesn't matter where you stand on our property or 60 - 70% of our property, you can see that shop. We intend to put some trees up in the future which will help but right ,now there is nothing around that shop. One other point is that from the beginning when we tried to put in the RV park, we started with the process that the city requires, public hearings and permits, etc. Everyone's had a chance to speak out about it. But Nick's been operating in that shop for three years. Where was his public hearing before he built a shop and operating a business. I have to agree with Jack, if you allow him to keep the shop and operate the business, I believe you're relaxing the rural residential code and I don't see why, if the area is turning towards guide services, boat repair and storage, ironworks, that an RV park that is resort type, high class, with rules and regulations would be out of the character. e. Mavis Cone, I live 1403 Barabara. In view of the fact that it is considered residential and we're having differences of opinion on conditional uses, in view of the fact that we've got a depressed economy in the city and needs more businesses and this area is developing, and there must be a dozen different places that are already in use with guides and fishing and lodges, so maybe what should be done is put a different label on there and make it a business area. We can't have everything downtown. We've got a beautiful downtown area. But we've also got to develop businesses. All of us have to pay taxes and keep things going to support the community. So if we've got all these ambitious people in that area that are wanting to start business, then maybe we should give them encouragement rather than bickering over some small one. If it's fair for one to start a business then it should be for the others then it should be fair for the one. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 6 Commissioner Roberts: You don't live on this street, you live on a different street? Answer yes. Commissioner Roberts: If this building were neighbor to you would it be any problem to you. Mrs. Cone: That would depend on what position it would be. Commissioner Roberts: If it were on a lot next to where you live. Mrs. Cone: I wouldn't want to sit and look at it, no. Commissioner Roberts: Have you discussed this with any of your neighbors, do you know what their feelings are. Mrs. Cone: Well no, not other than the Planning Commission. But if I was in a residential neighborhood in close proximity of it I wouldn't want to sit and look at it. I agree with Jack Foster, its a nice neat looking building in the proper setting, but I wouldn't want to live next to it. Commissioner Roberts: You would say then that its not similar to any of the others. Mrs. Cone: Well, its the biggest garage there in the area. I haven't notice any others that have exceeded this size. Mr. Miller: As far as garages go on Beaver Loop Road, there's a new one that's been built, there's another one on my street, Mr. Hayes has a big one facing the street right down from me with a bunch of equipment parked around it, and one other. There are a lot of fishermen building buildings like that around to put their fishing gear in. The newest one down there is exactly for that. As far as my business goes, I don't intend to stay in business all that much longer any way. Once it's paid off and I start building my house I could care less. Councilman Smalley: And your house will be built right beside this garage. Answer yes. It will be on the opposite side towards the creek and you won't be able to see it. Now they've got more ambitious plans than to have a gravel pit forever so that changes everything too. I never planned on it being anything other than what it was. Councilman Smalley: To Mr. Foster - on the houses that you propose to build, most likely the windows would probably face the lake. Jack Foster: Yes, however the entrances and exits will be near it and the entire back side of those houses will be'close to the building. Councilman Smalley: Yes, but if the building is legal, built to specifications, they would see it no matter what was going on. Jack Foster: We're talking about two different things, you're talking about a legal building, we're talking about a conditional use permit to operate a business. I suppose if that was his garage only, then we can't say anything, but we do have a chance to speak over whether or not he can pull boats in and out. Councilman Smalley: When I read your letter my biggest concern was primarily the building. And that is not an issue. Mr. Miler: Well if they were going to develop it and build houses there, I would have no objection to putting up something that ... even if I don't have a business there I don't have an objection to putting up KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 7 a fence on that end of the property anyway. I was holding off so I could build a wood type fence rather than a chain link that looks worse. If they were doing a business then at that time, well that doesn't bother me either, that's acceptable. Steve Foster: In the code for rural residential garages is there a limit in size. Could a person have a 100 x 200 shop. Mr. Hackney: It depends on a lot of things, lot coverage, setbacks, size of the lot. Steve Foster: So that tells me that you could build nearly anything including a metal quonset but and be legal. Commissioner Roberts: I would like both Steve and Jack Foster to answer this; if it were not for the fact that Mr. Miller has given you problems over the RV park would you still be here tonight. Jack Foster: If this were a rural residential neighborhood where I wanted to have a nice subdivision I wouldn't want that business. I realize that the situation is turned around. We were sitting where Nick is tonight and he doesn't want the RV and now I don't want the business. There could be a compromise. I think the RV is not going to be a public nuisance. Its a seasonal thing and run well. The way same as Nick's business. Commissioner Roberts: Steve would you answer that question please. Steve Foster: What we're looking at is a conditional use permit for the RV park. Right now, because we've been denied time and time again, what we have is a permit for is a residential subdivision and we do want to do a nice one. It's to our benefit and everyone else's. Commissioner Roberts: Are you in agreement that there might be a compromise. Steven Foster: Yes. If are successful in obtaining a permit for the RV park, I don't think the people there are going to notice or care if they look at a shop. If we have a price tag of $40,000 on a lake lot, people will notice the shop. Commissioner Bannock: I've been torn on this issue and I've been making a few phone calls. I can appreciate Mr. Miller's business 100% and having. control over that, however, I have to agree with Mr. Hackney's comments regarding the code book. The definitions for garages does not fit this use. Going back to the portion for which he's applying for, and the closest example I can think of is, well a kindergarten example. An apple, an orange, a peach, and a wrench, which one doesn't belong. We have the Beaver Loop area with fishing, tourism, bed and breakfasts and a welding shop and based on that comparison I don't feel we can approve this. I don't see that a welding shop is similar to the principal use to the rural residential. And again, as Mr. Hackney point out, the Land Use Table specifically lists what is allowed and not allowed and I highlighted the industrial section which shows, fabrication, assembly, storage and manufacturing. They are not shown in any residential zone. 1 KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 8 ~~ Councilman Smalley: I didn't realize we had bed and breakfasts on Ames Road at this point in time. Commissioner Bannock: I'm talking about this piece of property. How far away are Ames and Angler from each other. We're talking about a section of land. And you would say the river front property as a whole. What things go along with river front property and what things don't. What things go along with rural residential and what is the principal use. The garage is an awfully big garage, yet is up to code as a garage, but it's not being used as a garage. The permit that Mr. Miller is asking us to approve would be turning that garage into a shop. It is a garage, it has a building permit for a garage, yet the definitions we have in our code book do not meet what that building is being used for. Councilman Smalley: Repair of boats is not compatible with the use of the river? Commissioner Bannock: There is a picture of a boat in the picture. Mr. Miller: That particular boat is not used on the river. Commissioner Bannock: When I think of welding I think of a small aluminum boat that is common for river boats but by the size of your shop it looks like big boats are to be worked on there. And again, it's not the size of the boat its not the fact that its on the Kenai River, I don't think that in a rural residential a boat repair shop or a welding shop is in a correct place. There are very specifics listed. For instance, I'll use an example of where my parents live, in a rural residential, they operate a flower shop which is listed as something that is allowable. Many years ago there was an automobile_repair.shop right down the street and it was there because it had grandfather rights. It burned to the ground and the code said if the structure is damaged more than 50% it cannot be replaced if it was a non conforming use so the garage was never rebuilt. I don't think it would be fair to tell Mr. Miller he had to remove his building because the building itself is non conforming, I do feel that the operation of Nick's Welding in this particular instance and zone the way the place is zoned is non conforming. Commissioner Roberts: I personally feel that this body has a duty to fulfill here, and that is to give an answer to the question of this permit. By the same token, I feel that we all have an obligation to attempt to do our best to develop the economy of this city. That's why we're here. I realize that the Foster's have a problem with the fact that they've been denied a permit. I personally hope that will be changed. But by the same token is it fair to tell Mr. Miller that he can't have his permit to operate this business when there are other businesses on Beaver Creek and I know personally, that if Neal Hayes is in the City of Kenai that his building is one of them. I know there is another building that is about half way down the road that similar and I presume he does similar things in that. I am definitely not taking a side with anybody but I would like it to be that anyone in our city that wished to put in a business, that it be as easy as possible for him ~ to do that but by the same token it needs to be in an area zoned for that application and I'm afraid this is not zoned for this application. I guess what I'm saying is that I need more time to see what's going on and more input here. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 9 Commissioner O'Reilly: It seems like we have to decide and the public would like for us to decide too, do we want to continue to make this rural residential or should it in effect be changed so that the Foster brothers can have their thing and there can be businesses there. My question is how does that come about, do they have to ask for the zoning change. Chairman Nault: Don't 50% of the property owners have to request it. Planning Specialist Loper: Yes, it can be done one of two ways, you can be responsive to a petition or the city can initiate the change based on perhaps a survey. The city did a rezoning in conjunction with utilities which is a little different, but you may want to consider a public hearing to ascertain if the residents want to rezone. Commissioner O'Reilly: It seems to me like we really need some input as to what type of zoning it should be because the type of zone the residents want should be the deciding factor as to whether we allow this or that business. Commissioner Bannock: The only thing I would question about rezoning would be is it possible to take that section of land and zone it so we could have a welding and fabrication shop, individual homes, and an RV park all compatible. I don't know of a zone that could handle all three. Planning Specialist Loper: The Commission has been talking about a recreational zone which would fit nearly all uses. Commissioner Bannock: I read about variances today. The building is going to be there regardless of what happens with the permit. Theoretically, and I'll go back to the flower shop example, he could sell flowers out of that building under the conditions of the code book. The building is still identical but what goes on inside the building would be legal. Nobody knows what goes on inside his building, there's no sign, no junk, and so I do feel that a variance could be in order. Unfortunately what he has chosen to do inside this building doesn't fit. Mr. Miller: If you do decide to approve this tonight, put a time limit on my business of five years or less. There will be no more business after that. If you don't chose to go for it that's another thing. Commissioner Bannock: I still have to object to going back to the code book only. I do not feel that it fits with the area. Councilman Smalley: It wouldn't qualify for a variance. Item three states that it shall not authorize a use that is not a permitted use in the zoning district. VOTE: Chairman Nault - no Commissioner Bryson - no Commissioner Glick - yes Commissioner O'Reilly - no Commissioner Roberts - abstain Commissioner Bannock - no KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 10 ~ Commissioner Bryson: Could I request the reason for abstaining. Commissioner Roberts: Undecided. I'm just undecided. I made a statement earlier, I'd request more time, I'd like to see it tabled to discuss it. MOTION: Commissioner Roberts moved to reconsider at the next meeting, December 14th, seconded by Commissioner O'Reilly The Commission discussed whether or not a vote on the motion was necessary. Councilman Smalley stated that a vote is necessary only if the reconsideration is for immediate discussion. The Commission accepted that decision. Commissioner Bryson stated that if the vote for reconsideration fails at the next meeting, then the original decision/motion stands. b. Resolution PZ88-16: Conditional Use Permit for Extraction of Natural Resource - Tract A-2A, Hollier S/D - Ed & Joanna Hollier (Extension of Public Hearing) MOTION: Commissioner Glick moved to approve PZ88-16, seconded by Commissioner Roberts. Chairman Nault called for public comments, there were none. ~ Commissioner Bannock: In response to the letter.,. of. objection written by Mr. Cone, I feel it only fair that we get more information regarding the clearing of gravel pits. When I ran for City Council that was one thing I ran on, that the City must become consistent, and there's a paragraph by Mr. Cone about the way that his parcels were divided and how he was able to develop them into gravel pits. I need some help on that because there is a large section on Mr. Hollier's proposed gravel pit that is undeveloped and is not cleared. Chairman Nault: Are you asking why there were restrictions put on Mr. Cone? Commissioner Bannock: I want to make sure there are no restrictions in this case. If there are restrictions then I need to know and apparently there were restrictions made on Mr. Cone. If that is a rule then we need to implement those restrictions on Mr. Hollier. Councilman Smalley: In other words you want Janet to do some research and find out what happened. Answer yes. MOTION: Commissioner Bannock moved to postpone PZ88-16, seconded by Commissioner Bryson Planning Specialist Loper: Since you have made the decision to postpone, before Mr. Hollier left he was talking about adding the other tracts, however, after the confusion over the legal ~ description with the first application I wanted confirmation, in writing of the changes. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 11 ^~~ Commissioner O'Reilly: At the last meeting, didn't we have problems with the applications. Planning Specialists Loper: Yes. Mr. Hollier and the Commission spoke of surrounding ownership. Councilman Smalley: If memory serves me right, this property came back to them through foreclosure. Planning Specialist Loper: The Borough records show that ownership is either in Mr. & Mrs. Hollier individually or through Beaver Loop Partnership. Commissioner Bryson: I would like to request that in your research you review all active gravel pits that are working under conditional use permits and tabulate what type of phase and reclamation is required of them. Commissioner Roberts: What is the advantage or why would we want to limit them to ten acres at a time. Commissioner Bryson: I can speculate as to why it might have been required under the Cone application, would probably be so that the area, well actually its forcing them to reclaim certain areas before they open up other acres. At the end of 60 years when the area is completely excavated that the company is dissolved. Commissioner Roberts: Just do it in smaller sections so that you can reclaim it a little faster. I'd like to get the Fosters to tell us, I think limiting someone to ten acres would create a situation where you couldn't operate all aspects of a gravel operation. Could I get a comment from Jack on that. Jack Foster: Sure. The way we're doing it is perfect. We make a lake and use the land all around it that was a 150` buffer ends up being your building lots. We have about 30 acres for a gravel pit and if I had 30 acres like Mr. Cone has over here, I wouldn't want to be limited to ten acres. As long as I had my buffers in, then I'd want to take as much gravel as I can. Commissioner Roberts: It is possible then that ten acres would not be a large enough area to carry on your transactions. Jack Foster: You have to have room to stockpile strippings, room to work different stages and for ditches. Commissioner Roberts: Going into the large one over in Soldotna, Quality Asphalt on K-Beach, are much larger operations than ten acres. Commissioner Bryson: If a person were to try to develop a ten acre tract as a gravel pit, you take off 200' on each side for screening and buffer then have to find a place to put the top soil, then if you're limited to a 10' depth because the material runs out .... Commissioner Glick: Can we ask the Cones if they know why that was done at the time. Commissioner Roberts: I asked and he says he has the paperwork on it. VOTE: Motion passed unanimously by roll call vote Chester Cone: Mine was the first application in the city and it might help if I were to explain that I started with a 40 acre tract KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 12 ~`) and they made me divide it into four ten acre tracts with a 200' buffer all along Beaver Loop Road and 100' buffer on the other sides. Between these, I could only develop one ten acre tract and I had to present a complete housing development on that ten acre parcel and a restoration program after I had extracted the gravel from the ten acres. Then before I could open up the next ten acres there had to be 100' of screening of trees between those two ten acres. Then the two back ten acres, there had to be another 100' screening between them. What it wound up was 1/3 of the land was screening. The folly of it is when I had finished with this one ten acre tract and I started to open up another ten acre tract and I didn't have any houses on the first ten acres then there's going to be a scream about trucks running by the first ten acres so you can see it's folly. My contention is if I'm forced to do this and I spent two years with the Planning Commission and it cost a lot of money and a lot of time and they didn't even have a gravel ordinance. Commissioner Roberts: Mr. Cone would you say that ten acres is too small? Answer yes. With the screening it made me wind up with eight acres. Commissioner Bannock: I wouldn't know if ten acres is enough or not, but I see nothing about ten acres in this book. I think we need to know a lot more about this. Chairman Nault: The Commission can impose whatever conditions it wants. to on a conditional use permit based on input from public hearings and I assume that is what happened in Mr. Cone's case. Commissioner Bannock: Then I think it's extremely important that we be consistent. Planning Specialist: I'll do the research and then you have a better chance to see. c. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Smith (Reconsideration) MOTION: Commissioner Glick moved to reconsider, seconded by Commissioner Bryson. VOTE: Motion passed Commissioner O'Reilly - yes Commissioner Roberts - yes Commissioner Bannock - no Chairman Nault - yes Commissioner Bryson - yes Commissioner Glick - yes Chairman Nault called for comments from the public, there were none. NOTE: At this point a member of the audience asked to be heard on the previous issue. The Commission agreed to allow the gentleman to speak directly following this item. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 13 MOTION: Commissioner Roberts moved to approve PZ88-9, seconded by Commissioner Bannock MOTION AMENDMENT: Commissioner Glick moved to amend by approving per the letter submitted by the applicants on 9/3/88 with the amendment to use 300 of the total floor area, plus one person can be employed outside of the family, and three boats for the guide service, seconded by Commissioner Bryson Commissioner Glick: And that falls under what we've done tonight at the work session and the home occupation criteria. Chairman Nault asked the applicants if there would be any problems with those restrictions answer none. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Motion passed unanimously by roll call vote NOTE: A member of the audience asked to speak to item 4-b. a. Jeffrey Smith: I am not an adjoining property owner of the Hollier pit but we are in negotiations to purchase 16 acres that do adjoin that pit and it is my understanding that the people that own the 16 acres are Beaver Loop Partnership which I was told Byron Holsky {sic) of Anchorage not Holliers of Kenai. I don't have any objections as yet to the Hollier pit except that I don't know how he is going to have access to his pit unless it would be across the Beaver Loop Partnership pit which I would object to. Planning Specialist Loper: As far information who owns what property. show Mr. & Mrs. Hollier of Box 366 Partnership, Mr. & Mrs. Hollier of as I know it is a matter of public I believe the Borough records Kenai and Beaver Loop 4150 Vista Court, Anchorage. Mr. Smith: In the event that he is permitted to open this gravel pit up which is mostly uncleared at this time, as far as I know the only access to that property will be across the 16 acres. My only objection would be, right now he has verbal permission to cross that property but at that time he would not be able to. There is no easement provided to my knowledge into the gravel pit that he's speaking about. The Commission agreed that this would be a matter between the parties rather than the Commission at this point. 5. APPROVAL OF MINUTES of October 26, 1988 Minutes were approved as submitted. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 14 6. OLD BUSINESS None 7. NEW BUSINESS None 8. PLANNING a. Recommendations to Council The Commission directed that the draft bed and breakfast resolution be placed on the next agenda for public hearing (12/14/88). 9. REPORTS a. Council a. Councilman Smalley reported on the Council work regarding capital improvement project monies and a project involving a ferry system between Anchorage and Kenai. b. Council has given priority to the Planning Commission and Council minutes as Council and Planning basically go hand in hand. There were some problems with elections and Janet taking a dive ~ down the stairs, but those two items are to be given top priority. c. There was a question regarding who manages the river since the Kenai River Management Board has assumed the authority and responsibility for control of the river. No one within the City of Kenai has ever said yea or nay so it's never been granted. By what right does the state have the authority to put any kind of restrictions or controls on it. We will be hearing more about this later. b. Borough Planning Commissioner Bryson reported that there was a plat, Gusty S/D #6 which came up with the only change being a note from DEC to be placed on it. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS There were no comments or questions. KENAI PLANNING & ZONING COMMISSION November 9, 1988 Page 15 12. ADJOURNMENT There being no further business, the meeting was adjourned at 8:56 P.M. Janet A. Loper Planning Secretary PLANNING & ZONING COMMISSI ~ '~ ~ ~~ (i ' _ 1 ~ d' Yi ~~ ~ 1 4 V rv Ro11 1 ~ ~ ~ ~°~ , ~ Call '~ / ~ ~~ C~ '01 ~j i `~q't' ,, Chairman Pat Nault Dave 'Brown -Phil B ryson Ca l Gli k r c ~1 Margaret O'Reil y J Da R b ~/ n o erts 1 . Council Rep. Hal Smalle TO DO ~G' ~ ,. l ~,~ ~~'~ ~~ ~~ ~~,E~~