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HomeMy WebLinkAbout1989-05-10 P&Z MinutesKENAI PLANNING & ZONING COMMISSION May 10, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS 5. APPROVAL OF MINUTES - April 26, 1989 6. OLD BUSINESS 7. NEW BUSINESS ) a. Vacation Request: 10' Utility Easement - Lot 3, Spruce Grove S/D #2 - Brian T. Engen and First National Mortgage b. Corps of Engineers Application: Mooring Buoy 1.2 Miles Above Mouth of Kenai River - Theodore K. Sadler c. Corps of Engineers Applicatin: Mooring Buoy 475 yds from City Boat Ramp - Royce Roberts 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 - May 3, 1989 b. Borough Planning Commission - May 1, 1989 12. COMMISSION QUESTIONS & COMMENTS 13. ADJOURNMENT WORK SESSION ON COMPREHENSIVE PLAN. RETURNS FROM DEPARTMENT HEADS. KENAI PLANNING & ZONING COMMISSION May 10, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Bannock, Brown, Bryson, Glick, Nault Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Vice Chairman Bryson asked that Mr. Rhyner be added under item 3-a. MOTION: Commissioner Brown moved approval of the agenda as amended, seconded by Commission Bannock VOTE: Motion passed unanimously 3. PERSONS PRESENT SCHEDULED TO BE HEARD a. Tom Rhyner Mr. Rhyner explained that he wanted to build a carport onto his house and because of setbacks would not be able to do so. Mr. Rhyner passed the Commission his copy of an asbuilt for his lot, Lot 1, Sungate Park S/D and his existing house. Mr. Rhyner: The lot is a corner lot and has setbacks on two sides. The way the house is built there's just under 17 1/2 feet between my house and my property line that faces the Spur Highway. I would like to put in a carport, partly to cut down on the traffic noise from the highway and also because it's the logical place to put one. It would come to 1 1/2 feet of my property line. The Spur Highway has a 100' ROW there and there's a big ditch between the highway and my property. The utilities are adjacent to my property. I wanted to bring it to Planning & Zoning to see if you saw any immediate problems with my applying for a variance. Commissioner Brown asked if normal procedure would be for his application, then the engineer would make his comments and then we review that. Vice Chairman Bryson: I would assume that at this point he's either talked to the building department or he's KENAI PLANNING & ZONING COMMISSION May 10, 1989 Page 2 applied for the building permit. Mr. Rhyner: I went in and talked to the building department about getting a permit and they don't see any problem with the permit itself. The house sits the short way instead of the long way. Vice Chairman Bryson: He probably would be unable to get a building permit to expand in the direction he would like to. Unless there's a variance issued of some kind. He's trying to get a feel whether it would be worthwhile to ask for any likelihood of it being approved. Councilman Bannock: Would that variance be coming from the City of Kenai, it's not our road is it. Vice Chairman Bryson: The zoning setback though is City. Planning Specialist Loper: Even though his plat shows a 20' setback, the prevailing setback is 25' on each ROW frontage. His house sits within even the 20' setback. Mr. Rhyner: The 20' setback is only shown on the front, on the Spur Highway side there is absolutely no setback. This was done in 1982 (referring to the asbuilt). Planning Specialist Loper: Even though your asbuilt does not show the setback on that side., the zoning ordinance does have a 25' setback. Basically what you're asking for is to built up to the lot line. Mr. Rhyner: Yes. Mr. Rhyner: Since there's just the Spur Highway there I don't see any reason .... Commissioner Glick: But the highway department is working on upgrading that to a four lane highway. They'll be buying your building. Mr. Rhyner: If they do that, they'll have to go through my house but you know, I don't think that's for the City to decide. Most of the people I talk to don't think it's a good idea. Most of everyone that lives on it think it stinks. Commissioner Glick: But you only have 17 feet to your lot line. Mr. Rhyner: Yes, and I would like to use 16 feet of it to build a carport. Councilman Smalley: Are you suggesting that he currently is in violation then? Answer yes. If he were to sell his house he would have a cloud then. Was this house before the fact, i.e., is he grandfathered? Vice Chairman Bryson: Did you build the house? Answer no, it went through a realtor. It's a fairly old house. Commissioner Bannock: Are we discussing this because of the 20' versus the 17' and is that measured from the centerline? Answer no, the property line. Commissioner Bannock: Is it possible you lost your property line when they expanded the road in the mid-70's? Vice Chairman Bryson: I don't think there was any change. Chairman Smalley: He's going to have to come in and ask for a variance after the fact and the City can't issue that. Planning KENAI PLANNING & ZONING COMMISSION May 10, 1989 Page 3 l Specialist Loper: He's asking the variance for the garage not for the existing violation of the house. Councilman Smalley: I realize that, but isn't he going to have to do something to get past his violation now? Vice Chairman Bryson: I think that complicates what he's asking for now. Mr. Rhyner: Part of it is the garage was turned into part of the living quarters. I came in once before to the City and they said a garage was considered an out building and you didn't need a building permit. That was a couple years back. At the time the house was built it was a garage and it was turned into a living quarters which .... I have no way to know .. Commissioner Glick: I guess if you were only asking to go over the setback by a couple of feet I'd be inclined to go along with you but since you're going to within one foot and you're already over I don't think it's a good idea to do that. Mr. Rhyner asked the reason for setbacks on four sides of a house and the Commission discussed several reasons. One of the reasons considered was visibility. Commissioner Bannock: I think if you go out there and look at the house and the parking. For the reasons and safety I would have to say he gets a garage. Mr. Rhyner: I plan to put poured piling and 2x6's with T-111 siding on it. If I don't attach it to the house I can do it right now. So what I'm asking far is a variance so ,L can attach it to the house. Councilman Smalley: Will he be in violation doing that because he's encroaching. Mr. Rhyner: It's not a permanent structure. I have a lot. of sheds around my house. I won't pour a slab. I want to attach it and put stringers on it. Plus I can have a door on it. Commissioner Bannock: I'm sorry I missed something. What's the difference between a carport and a garage. It sounds to me that what he's describing is more of a garage than a carport. Mr. Rhyner: Well it won't have forced air heating or insulation or a cement slab. Commissioner Bannock: From the outside what will it look like. Mr. Rhyner: you can't tell a carport from a garage, it won't be heated. Planning Specialist Loper: I think under the building code a carport is open. It a roof and four posts. Commissioner Bannock: Right. I don't think there's such a thing as an enclosed carport. If it's enclosed it's a garage. Commissioner Glick: We can go out and look at it. Commissioner Brown: I think with any zoning laws you have an exception to the rule. That's one of the functions of a Commission is whether or not it can be granted. Vice Chairman Bryson: We can put this off until the next meeting. KENAI PLANNING & ZONING COMMISSION May 10, 1989 Page 4 4. PUBLIC HEARINGS None 5. APPROVAL OF MINUTES - April 26, 1989 Minutes were approved as submitted by unanimous consent. 6. OLD BUSINESS None 7. NEW BUSINESS a. Vacation Request: 10' Utility Easement - Lot 3, Spruce Grove S/D #2 - Brian T. Engen and First National Mortgage This vacation request is adjacent to the same utility easement vacation request that was approved at the meeting of April 12th. The easement is not in use as City utilities are installed. MOTION: Commissioner Glick moved to recommend approval of the vacation of the 10' utility easement as described, seconded by Commissioner Brown. ~ VOTE: Motion passed unanimously by roll call vote. b. Corps of Engineers Application: Mooring Buoy 1.2 Miles Above Mouth of Kenai River - Theodore K. Sadler The Commission asked if the Harbor Commission had reviewed this application, answer yes, however the minutes were not available. According to the Public Works Director, the Commission recommended a resolution. MOTION: Commissioner Brown moved to postpone this item to the next meeting pending recommendation from the Harbor Commission, seconded by Commissioner Glick. VOTE: Motion passed by unanimous consent NOTE: Chairman Nault arrived at 7:45 P.M. Vice Chairman Bryson relinquished the Chair. c. Corps of Engineers Application: Mooring Buoy 475 yds from City Boat Ramp - Royce Roberts KENAI PLANNING & ZONING COMMISSION May 10, 1989 Page 5 MOTION: Commissioner Bannock moved to postpone this item to the next meeting pending recommendation from the Harbor Commission, seconded by Commissioner Brown VOTE: Motion passed by unanimous consent 8. PLANNING The Commission asked if a new member had been appointed, answer no. The Commission asked that the Mayor and Council be approached as the summer season is almost here and quorums have already been hard to achieve. 9. REPORTS a. City Council Councilman Smalley stated that the item of most interest was the issue of the Dairy Queen lease. The Commission discussed the aspects of the lease at great length. b. Borough Planning ~ The vacation request for Valhalla Heights was approved. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - May 3, 1989 b. Borough Planning Commission - May 1, 1989 No comments or questions. 12. COMMISSION QUESTIONS & COMMENTS Commissioner Brown asked if anything had been discussed regarding street lights, answer no. 13. ADJOURNMENT There being no further business, the meeting was adjourned. Janet A. Loper Planning Specialist PLANNING & ZONING COMMISSION Roll Call ~b ~/~ Chairman Pat Nault Duane Bannock B ~\ ~\ Dave rown Vice Chair Phil Bryson C l Gli k ar c Margaret O'Reill o er s Council Represen ative Hal Smalle TO DO ~_