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HomeMy WebLinkAbout1989-03-22 P&Z MinutesAGENDA KENAI PLANNING & ZONING COMMISSION MARCH 22, 1989 - 7:00 PM 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES - March 8, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Application for Home Occupation - Tyson Adams, Tyson's Janitorial b. 8. PLANNING ~ 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 Agenda - March 15, 1989 b. A. Sarisky Reply - Crematorium, Spur Hwy. 12. COMMISSION QUESTIONS & COMMENTS 13. ADJOURNMENT 7-6. va~z~~ ~a ~ '~ KENAI PLANNING & ZONING COMMISSION March 22, 1989 - 7:00 P.M. City Hall Council Chambers Vice Chair Phil Bryson Presiding 1. ROLL CALL Present: Bannock, Brown, Bryson, Glick, O'Reilly Absent: Nault, Roberts - excused Also Present: Councilman Smalley, City Attorney Rogers 2. APPROVAL OF AGENDA There was one addition: Item 7-b, Vacation of Utility Easement MOTION: Commissioner Glick moved to approve the agenda as amended, seconded by Commissioner Brown VOTE: Motion passed unanimously 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES - March 8, 1989 MOTION: Commissioner O'Reilly moved for approval of the minutes as submitted, seconded by Commissioner Glick VOTE: Motion passed by unanimous consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Application for Home Occupation - Tyson Adams, Tyson's Janitorial Staff comments were handed out prior to the meeting as they were not in the packet. Comments included the location; at the end of a cul-de-sac and drainage with no visible dwellings close by, no traffic to or from the residence, and less than 30% of the floor KENAI PLANNING & ZONING COMMISSION March 22, 1989 Page 2 area. Commissioner Bryson asked Mr. Adams if there were other employee vehicles, answer no. Will there be any outside storage, answer no. Are you planning on signage, answer no. Are there any persons to be employed, answer only myself. Is there any evidence outside the residence that there is a business, answer no. Commissioner O'Reilly asked if the business is already in operation, answer yes, for about 6 months. MOTION: Commissioner O'Reilly moved approval of the application for home occupation by Mr. Adams at the referenced location, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote b. Vacation of Utility Easement: Lot 2, Spruce Grove S/D #2 - U.S. Urban Housing According to the information submitted by the Borough this easement probably was placed on the plat prior to city utilities being installed. As all three lots are currently hooked up to ~ water and sewer the City would have no problem with vacating the easement. As both structures shown on the as-built are accessory structures there would be no problem with their placement. MOTION: Commissioner Brown moved to recommend vacation of the utility easement adjacent to Lot 2, Spruce Grove S/D #2, seconded by Commissioner O'Reilly VOTE: Motion passed unanimously by roll call vote 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported that the contractor at the airport terminal mistakenly tore out the carpet and will be replacing it at no charge. The mural at the terminal was done by the high school. art class and is very nice. The Council felt that the information regarding a portion of the unity trail was inaccurate. The group is attempting to raise money to put in the design of the bike path for $1.5 million. More information will be coming. KENAI PLANNING & ZONING COMMISSION March 22, 1989 Page 3 Jesse Wade was a purchaser of some tracts of land in Dena'Ina Point Estates and had made a counter offer to Council which was not accepted. Commissioner Bryson asked about the original offer. Councilman Smalley answered that the lots had come back to the City. The City made an offer to Mr. Wade that they would take the property back and with an additional amount. of money would give him title to one of the parcels. Commissioner Bryson asked about the proposed sale of lots 3a and 3b of Baron Park S/D and why it was denied. City Attorney Rogers answered that this was a request that would put the City in a second position and Council did not want to do that. Commissioner Brown asked what this was on, answer improvements on leased lands for Pizza Hut. Commissioner Brown asked if this had been done in the past, answer yes, we now own a Dairy Queen. b. Borough Planning No report. c. City Administration Would you like a work session at the next meeting for the Comp Plan. Commissioner Glick answered that we really should get going. There is money available from the Borough and a place available for doing some color printing for the pull outs if you decide you want to stick with the drawings thus. far. We need to start identifying areas such as parks & recreation, library, etc., for their input as this is an overall five year plan. Commission agreed that if it is a short agenda, to go ahead after the meeting instead of before. The next meeting is April 12th. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - March 15, 1989 No comments b. A. Sarisky Reply - Crematorium, Spur Hwy. City Attorney Rogers: For the record, I've provided a written response. I had anticipated Mr. Sarisky being here tonight and I am here tonight to support your position and that of City Council and the Building Inspector and I have some case authority for the position which appears to be lacking on Mr. Sarisky's part. Commissioner Brown referred to the second paragraph where he disagrees with the interpretation of the building inspector having the authority to make that determination. City Attorney Rogers: KENAI PLANNING & ZONING COMMISSION March 22, 1989 Page 4 If in fact it is an accessory use I don't have any problem with it, he's made a determination. The City Council is aware of that determination and you people have been made aware of that determination and I've heard no objection to that. I find that on an accessory use, if you're going to get into that every time it's going to increase your work load substantially. Do you feel somehow that the building inspector is usurping authority? Commissioner Brown: No, that's why I'm questioning why he would make that statement. I would think the building inspector would have that authority and that would be his main responsibility rather than bringing everything to the bodies. City Attorney Rogers: I have no way of knowing why he makes those statements. Commissioner Bannock: So the City's position right now is the fact that a crematory is allowed because it is an accessory to the mortuary. City Attorney Rogers: That's correct. Had there been a crematorium going in as a crematorium it would be a principal use and a conditional use permit would be submitted. Commissioner Brown: Does Mr. Sarisky live close to this, is that why he's objecting? City Attorney Rogers: No. Mr. Sarisky lives on Strawberry Road. Vice Chair Bryson: He lives in access of a mile, as the bird flies, of the facility. 12. COMMISSION QUESTIONS & COMMENTS Planning Specialist Loper: I have a question to pose to the Commission that the Building Inspector and I have decided should be considered by the Commission. There is a situation on Anglers Acres where a gentleman owns a parcel on which he has put two rental cabins besides the cabin that is already there. It is a residential zone so there is no problem. The problem comes in when he says that he has an office in Old Towne and runs a guide service out of that office, what happens to that lot when he takes his clients to the Anglers Acres location for launching the clients. Vice Chair Bryson suggested getting all the data down in writing and presenting at the next meeting. Commissioner Bannock: Is this person a guide right. now, and has an operating guide license. Planning Specialist Loper: Apparently yes. Commissioner Brown: And he has a residence on the river. Planning Specialist Loper: A summer residence only, his permanent residence is in Old Towne. Commissioner Bannock: Where do most people run a guide service. Is the norm to put in at the Kenai dock? answer yes. Planning Specialist Loper: We've given permits to guide services down there. Commissioner Glick: And we've limited the number of boats and other aspects. Planning Specialist Loper: That's right. In this case he doesn't live there nor run the business from there. Councilman Smalley: Is he renting those cabins as rentals or as overnight cabins. Answer is unknown. Vice Chair Bryson: There are too many loose ends, I think we should get it all down in writing. KENAI PLANNING & ZONING COMMISSION March 22, 1989 Page 5 Planning Specialist Loper: There are several. questions I can't answer, would you prefer the gentleman be here to answer questions. Councilman Smalley: I would say draft all the known answers and run it by administration and then ... what. Like Mr. Adams who came to you tonight, there's absolutely nothing indicating that it is a business. This person has an office in Old Towne, but the activity is in Anglers Acres. He has the right to take off and land and bring people on his property. But other people that are doing that to earn an income have had to come before the City to get a permit. Even though he may not be doing the guiding himself, its a commercial enterprise operating in a residential zone and I think it should be written up. Commissioner Brown: When somebody does business outside of where their business license is, does that mean he needs another permit and used Mr. Adams as an example. Councilman Smalley: No, but Mr. Adams would need. another permit if he stored all his cleaning supplies. Vice Chair Bryson: There are probably many businesses that operate in more than one location and they certainly are expected to conform to zoning in all cases. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION Roll Call ///~ /~%//%i Chairvman Pa.t vault - ~1 ~~~n~ ~annc~ck D ~ ~~ ~~~ r '~3ce Chair I \ ~'~ail ~r~s®~ ~ Carl Click 1~rgaret O'Reill '~~~ Ro~er~s ~j C®uncil Represen ative v I~al ~mall~e TO DO