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HomeMy WebLinkAbout1989-05-24 P&Z Minutesr KENAI PLANNING & ZONING COMMISSION May 24, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman AGENDA 1. ROLL CALL 2. APPROVAI~ OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. PZ89-5: Conditional Use Permit for RV Park, Tract C, Gusty 1 S/D #2 - J.C. Bookey, III b. PZ89-6: Conditional Use Permit for RV Park and Charter Service - Lot 29, Anglers Acres S/D - Steve and Donna Riddles 5. APPROVAL OF MINUTES - May 10, 1989 6. OLD BUSINESS a. Request for Pre-Approval of Variance: Addition to Pre-Existing Nonconforming Structure - Lot 1, Sungate Park S/D - Tom Rhyner 7. NEW BUSINESS a. Lease Application: Tract C, Gusty S/D #2 - J.C. Bookey III 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1 11. INFORMATION ITEMS •• a. City Council Agenda - May 17, 1989 b. Borough Planning Commission- May 15, 1989 c. Newspaper Article on Construction within Flood Plains d. Borough Ordinance 89-17 - Passed e. Letter from State Regarding Surveying and Mapping 12. COMMISSION QUESTIONS & COMMENTS 13. ADJOURNMENT WORK SESSION ON COMPREHENSIVE PLAN - RETURNS FROM DEPARTMENT HEADS. 2 KENAI PLANNING & ZONING COMMISSION May 24, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bannock, Brown, Bryson, O'Reilly, Walker Absent: Glick (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. PZ89-5: Conditional Use Permit for RV Park, `Tract C, Gusty S/D #2 - J.C. Booker, III Planning Specialist Loper introduced the item by explaining that this permit request accompanies a lease application for the property. The location is adjacent to the first request and is separated by a section line ROW. There have been no comments. The lease was reviewed by the Parks & Recreation last week and that body recommended approval of the lease. The Parks & Recreation had recommended screening or buffer strip. Mr. Booker stated that he already planned on screening from the highway, what the Rec Commission wanted was a buffer to the east and he will comply with that. Chairman Nault opened the item to the public for comments. There were none. Commissioner Bryson: Your site layout indicates a screening easement on the frontage. Mr. Booker: What we're going to do is use the 35' setback and it will be similar to what they did on that park by the airport, i.e., a mound. Not that big, but that's the idea, about 6' with grass and shrubs, to use as a wind buffer. ' Commissioner Bryson further questioned the setback intended with the result being that the buffer is going to be placed 35' between the first spaces and the property line. PLANNING & ZONING COMMISSION May 24, 1989 Page 2 Chairman Nault: During the winter will there be any problem with parking or skating? Answer no. The park will be further to the north. The Commission further discussed the location of the park in relation to the surrounding buildings. Chairman Nault: Do you have any plans for the ROW? Answer there is a possibility that we may vacate it but not currently. Chairman Nault: Would that involve additional camper spaces if that were vacated? Answer, there are no plans currently. Commissioner Brown: Is this first park under construction now? Answer it will open this weekend. Councilman Smalley: Did you have to go through DEC? Answer yes. This construction won't take place until next year when all the permits are obtained. Councilman Smalley: Permits are required for ... Mr. Bookey: .... anything over three units. Chairman Nault: So how many spaces will you have? Answer 17 in the first and 19 in the second. Chairman Nault: Are you anticipating any additional shower and laundry facilities? Answer no. The original 17 space park will be enough to accommodate the additional 19 spaces. Commissioner Bryson: Is Tract B presently leased to Wade? Answer from Mr. Bookey, Mr. Wade let them go back to the City. Commissioner Bryson: I guess my concern is how far out the existing development is capable of expanding to the highway. The Commission discussed access points. Commissioner O'Reilly: If we approve this can he increase the number of spaces without coming back? Planning Specialist Loper: He can put in only the amount that you approve in the plan. He can get an amendment to expand. Mr. Bookey: There isn't room for any more unless we moved out to the highway, and no one wants to be that close to a highway. MOTION: Commissioner Bannock moved approval of PZ89-5 incorporating the lease application, agenda item 7-a for the same parcel, seconded by Commissioner Walker Chairman Nault asked about the 99 years for the lease. Planning Specialist Loper answered that the term is fairly normal for leases in which improvements are made. VOTE: Motion passed unanimously by roll call vote PLANNING & ZONING COMMISSION May 24, 1989 Page 3 b. PZ89-6: Conditional Use Permit for RV Park and Charter Service - Lot 29, Anglers Acres S/D - Steve and Donna Riddles Planning Specialist Loper introduced the item, pointing out five letters that had been received that day from recipients of the certified notices. Commissioner Brown noted that the letters addressed pretty much the same comments as the first RV park. Commissioner O'Reilly asked how many certified notices had been sent out, answer eight. Chairman Nault called for comments from the public. The audience requested Mr. & Mrs. Riddle state their comments first. Steve Riddles: We bought this property two years ago. I want to address the guiding part of it first. I'm already a guide on the river and owner of Fish Hawk Charters. We are going to have an area we guide and launch out of near Poachers Cove. The only reason that we put in to guide out of here is because a couple of times last fall after most of our guides were shut down, I had some people meet me at my property and I launched from my house. That's the only time we do that, mainly because the house we launch from in Poachers Cove we rent to the middle of August. I'm the only one working at that time of year. I've had a few pickups in front of my house so I felt that if that happens again this fall we probably should put it in the permit. I have no intention of ever starting a guide service there, we already .have a guide service. As far as our travel trailers, both of the small trailers that we are going to rent belong to us, we're only going to have those three trailers. We're going to live here year round, we're retiring. We don't want to upset our neighbors. We're not going to have a junk pile. There are three travel trailers there, one of which belongs to our friend who is down here on an average of one weekend per month. He does have a storage shed to put his fishing gear in, he also has a porch. The other two trailers are small travel trailers we intend to rent out if we can during the summer months. Donna Riddles: We don't want a big operation, I don't like the word RV park because it comes too close to other ideas. From the notice that I received from the City I would have been angry had I not known. I'm sure they had a vision of another Lucky Angler. Commissioner Brown: Would you have any problem with putting those restrictions in the conditional use permit. Answer no. Commissioner Brown: Restricting the number of trailers or maybe restricting, to some degree the guiding activity that would be in and out of there. Answer, "that's fine. We have no problem with that." PLANNING & ZONING COMMISSION May 24, 1989 Page 4 } People park along that City road there, even though the sign says, "No River Access", they park on the wetlands property. There are lots and lots of people that stand on that beach to fish, ours and our neighbors. And they do come on to the property. We've talked to several officials and they have told us that we don't own that beach, therefore people can fish. There is trash all along there. That I know of personally, there is no trash from someone that is on my property. Commissioner O'Reilly: On the number of travel trailers, you said in your letter that you have three travel trailers for our five children, six grandchildren, and friends. You have three now and you're getting three more? Answer there are three only. Commissioner O'Reilly: Okay, so one is for your family and one you're renting out. Steve Riddles: There will never be more than the three there right now. Donna Riddles: The Lucky Angler is where there is going to be people pulling trailers in and out, we won't be. We get requests from people from Fish Hawk for places to spend the night since we leave at 5 A.M. Commissioner O'Reilly: So you would want those people to sleep at your place. Donna Riddles: If we could rent them yes. Steve Riddles: We won't allow any more additional travelers to pull their trailers on to our property and park. Commissioner O'Reilly: And you actually live there. Answer, as of Friday. My mom's coming with a motor home.. Chairman Nault: Where is this cabin located that you are talking about a bed and breakfast. Steve Riddle: We had a bed and breakfast in Anchorage and it was in our business license and we have the charter here and we thought we'd change the business license for here. Our cabin is an A-frame with a loft. We're not going to have a bed and breakfast in our cabin. If you came down and saw the size of it you'd understand. Councilman Smalley: Are the trailers that are there hooked up to any septic system or water system. Steve Riddle: They are by a water hose and we have hooked up temporarily. There's no flex hose into our septic. Donna Riddles: They're all holding tanks. Steve Riddles: The engineer looked at it last year and said there's no problem, your septic will handle that. We were in a share a well situation with Ron last year because of the way that property was split. The well just happened to fall on his side of the property line. This year, since we knew we were moving down here, we had a new well drilled so we have our own. Councilman Smalley: Will he be required to have a DEC permit since he has three units in addition to his house? Answer probably yes. Councilman Smalley: Is that something he has to have prior to what the Commission does? Answer no, we have no control over DEC. Commissioner O'Reilly: Who checks to see if he has a DEC permit. Answer the building inspector. PLANNING & ZONING COMMISSION May 24, 1989 Page 5 ~~ Commissioner Bannock: Regarding the letters. Can you tell me if these are true. things, in particular the one from Diane Rathbun. Steve Riddles: They've been down there three times this past summer, I know them from Anchorage. Commissioner Bannock: In particular item 4, that's disgusting. Donna Riddles: I believe it is disgusting too and not to my knowledge. Steve Riddles: Not that I've ever seen. Our kids have camped out on the end of our property but it's not near his property line. There was a stone area where they had a campfire. There's no trash there. Commissioner Bannock: The travel trailers that are there now, are they permanently or temporarily there, are they going to be there for summers and gone in the winters. Donna Riddles: They're not a permanent fixture. Commissioner Bannock: I mean are planned on being ... Donna Riddles: You mean being stored there? Answer yes. Steve Riddles: They were not permanently there before but to answer your question yes. Commissioner Bannock: You have no plans on moving them like this fall. Answer yes. Commissioner Bannock asked if the Riddles knew any of the persons who wrote the letters and if they had spoken to the neighbors. Donna Riddles: I've spoken to a couple, Ron is one. Steve Riddles: Renkin who owns the next lot we talked t because they live here. Both Shirley and Butch didn't have any complaints and there's no letter from them. Commissioner Walker: Is it possible for you ,to indicate a diagram of the lot showing the cabin and the trailers; what land is cleared and what land is uncleared. Steve Riddles used the chalk board to make a drawing of the property. No trees were planned for clearing. Chairman Nault: What is your request for the charter business, you want to run three boats off that property? Answer no. Our charter is in Soldotna. Just want to use the property in limited circumstance. Donna Riddles: But if they ever limit the number of registered charters I want to be grandfathered in. That's our first love. Chairman Nault: Where do you keep the boats. Answer at Poachers Cove. Steve Riddles: Of all the neighbors whose banks are eroding, I saw no one last year to try and do something except my wife and I. We had several agencies come in for two days looking at our banks to see if we can save our banks. Chairman Nault: Is there a plan? Steve Riddles: We have been given four alternatives of ways they say we can keep it from deteriorating further but we have to get those approved. Donna Riddles: Of those four alternatives the agencies can't all agree. Commissioner O'Reilly: Do you have any objection to taking the bed and breakfast out? Answer, "not a bit". Commissioner ~ O'Reilly: That seems to be a whole different subject. Mr. Ron Rainey: I still have concerns. Steve and Donna are PLANNING & ZONING COMMISSION May 24, 1989 Page 6 ~ friends. We visit during the summer so this is not an adversary situation. I am concerned because I understood them to come here to retire and now I see a business growing. First it was one trailer they rented out all summer now there's three. Things change and that's the concern. Now we're talking about a guide service. They talked about running Fish Hawk and I'm afraid that guide service is going to end up next door. You shake your head now but people's needs change. It went from retirement cottage to a semi RV park and then if it goes to a guide service.... I was doing some quick figuring here, if we have 12 customers on a boat, they could each have one car, that's 12 cars and two cars per trailer, that's 8 more, that's 20 cars on that lot. Those kinds of things concern me. If that's a residential neighborhood, then that bothers me, it is going to be a zoo there. There are enough people parking on the end of that road trespassing across properties. We either have to have a residential neighborhood or a commercial area. If we're going to go commercial then folks give me a permit and I'll get my lodge there. Right now I have an under-appraised 180,000 house. I don't like trailers. I voted for putting in an RV park because I'm president of the Chamber of Commerce, I want to see our visitors have a place to go. I have some mixed emotions in opposing these. Commissioner Brown: I appreciate your concerns,, if I were living there and it were to change over to commercial and I'm left behind with a residential lot. My personal opinion is that riverfront property should be rezoned to something that would include something like a recreational zone so that private enterprise could offer the travelling tourist public a nice Kenai River. Sometimes when you hold that nice Kenai River property in private hands and you don't allow the public to share it, then the government seems to step in and allow the public the right to access that property anyway and the private property owner looses out all the way around. He is forced by the government to share that access with the public without being compensated for it. I would be in favor, especially since they've addressed your concerns and they're willing to leave out the bed and breakfast and guide service. Ron Rainy: I agree with most of what you said. I think if we`re going to do something like that. we're going to have make it semi commercial or even commercial and have visitors in large numbers in that area they should be a higher quality traveler. I think it should be a lodge, something that's very good looking, not travel trailers. That's one of my pet peeves. You want something that looks Alaskan, something that you would be proud to put the people in, not travel trailers. ~ Commissioner O'Reilly: Exactly what is the Chamber's position. I know the Chamber's position is to encourage RV parks, does the Chamber have any particular designation as to where these RV parks PLANNING & ZONING COMMISSION May 24, 1989 Page 8 '~ ... because it's still residential, you may want to call it recreational rather than commercial. Because commercial opens it up to a lot more than just guide services and bed and breakfasts. What you are approving is still within a residential neighborhood concept and you're still trying to protect the integrity of the neighborhood. If you say commercial, you're talking garages, gas stations, welding shops .... Commissioner O'Reilly: ... 7-11's ... Chairman Nault: MacDonalds ... Planning Specialist Loper: ... right. That's what you're headed for if you say commercial. Consider this still as residential, low key business, and then when it comes to your comprehensive plan, then think about putting in a recreational zone. Commissioner Bannock: I think the key speech I made for Foster Brothers is that the business is in residing, its about people living there and spending the night and staying there. That's why I think that... some of the letters say it isn't proper, a recreational vehicle park should apply for a place like this, I think this is the exact place for it to apply, right in the middle of a residential area. Planning Specialist Loper: Recreational area, because the creek makes it all what it is. Commissioner Bannock: The creek is what brings the people there and the fact that there's other homes in the neighborhood is what makes them want to spend the night there. Planning Specialist Loper: You still have folks like Ron that have private property and have invested a high amount of money for year 'round living, so you're going to try to protect both sides of it. MOTION: Commissioner Brown moved approval of PZ89-6 with the following restrictions: RV park limited to 3 trailers, the charter fishing activities would be restricted to 1 boat, and eliminate the bed and breakfast, seconded by Commissioner Bryson MOTION AMENDMENT: Commissioner O'Reilly moved to amend the motion to eliminate the charter fishing activities so the motion would read that the RV park be limited to 3 trailers, seconded by Commissioner Bannock Commissioner Brown: The only reason I included the fishing charter service is just to allow him to operate it as he said, taking his word that he is going to operate it in that manner and not be running a fishing charter service out of there every day. And that we have issued permits for guide services out of the same Beaver Creek area. I don't see that big of a deal. Commissioner O'Reilly: I think its one of those things that people's needs change and if they don't have any objection to taking the charter service out, it's probably best if we take it out now. If they have the need for it later then they can apply later. Commissioner Brown: If it became a big complaint though, and it came back before us, he says he's only going to run it occasionally and now he's running it every day, then we could PLANNING & ZONING COMMISSION May 24, 1989 Page 9 revise his permit at that time. Commissioner O'Reilly: Once he gets it though it's his. We can't amend it. Only he can request it. Councilman Smalley: One of the concerns is the number of cars in the area. Are you going to do something to protect the integrity of the residential neighborhood by limiting the number of vehicles. Discussion continued regarding the parking issue and the wording of the ordinance which describes parking as "adequate". Commissioner Bannock: If that means you can cram 300 cars on a one acre lot then that's adequate. VOTE AMENDMENT: Commissioner Bannock - yes Commissioner Bryson - no Commissioner O'Reilly - yes Commissioner Walker - yes Chairman Nault - yes NOTE: Commissioner Brown not present in the room Commissioner Bryson: My main concern is with the lot size itself. Some time ago the City Council determined that mobile homes were not appropriate for one acre sized lots and we're proposing to allow three quite mobile units or more mobile units on a residential lot in a commercial situation. That may be fine for this lot and this lot may have a wider horizon... as far as they think they can use their property for. I just don't think a 100' wide lot is appropriate for setting up that type of operation. I have no problem with the guide service, the precedent has developed over the past year. Councilman Smalley: Comment from Council, I think the Council is definitely for RV development in an orderly planned developmental manner. Is it this Commission, or Council, or where is it, what body is it that sets the integrity of the neighborhood that is by zoning a residential neighborhood. Does this body by its action alter the integrity of a residential neighborhood. Or shall it be the responsibility of the neighbors in that neighborhood. The reason I bring it up is five of eight people wrote in opposition to this. A sixth spoke tonight. There are three commercial type enterprises in this area now. If this passes it would be four. What about the rest coming in over the next couple weeks. Then this body fixes the integrity of that neighborhood. And the neighbors that speak in opposition to it aren't being listened to. Chairman Nault: A rhetorical question? I saw a response to that in the conditional use section of the code, they define the permit as being similar to principal uses permitted in the zone and that they must be in harmony with the intent of the zone. I think it clearly shows the way things have been laid out deciding whether a permit is approved or disapproved. PLANNING & ZONING COMMISSION May 24, 1989 Page 10 '~ Commissioner O'Reilly: So the question is whether renting out a trailer is in harmony with people living in houses. Chairman Nault: With the intent of a Rural Residential area. Commissioner Bannock: And I say this, and to the letters of objection, some of the letters are implying that we're going to have a hundred unit RV park here. And that's the picture that's painted. In one letter, paragraph six, I don't think that applies. Section two of the Thayers letter, "a park is not consistent with the area", its not an RV park, its not a huge thing, its three trailers. I think the City has drawn an unfair picture of this lot with three trailers. It qualifies as that because the ordinance states two or more, but to the untrained reader I wouldn't think of three. Planning Specialist Loper: In defense of that, I cannot print that there are only three trailers because I am limiting choices of both the Commission and applicants. Commissioner Bannock: How many trailers can you put on a one acre lot if you crammed them in, probably more than three. We're not allowing the Riddles that opportunity. We've decided that people can spend the night on Anglers Drive. Commissioner O'Reilly: We've decided, we're the Planning & Zoning Commission, shouldn't the residents of Anglers Drive have their say? Commissioner Bannock: They spend the night there. Commissioner O'Reilly: But they don't get money from people who spend the night there. Chairman Nault: I think the over night accommodations we've approved there have been mostly bed and breakfasts which are all. existing dwellings or residences where bed and breakfasts are going to be an occasional use to the principal uses to the house. Commissioner Bannock: The difference between this and Jahrigs is trailers versus little cabins. I don't like trailers but are we here to say you can do it with wood cabins but not with trailers. Remember that Jahrig didn't need an RV park permit. Is there a problem because they are trailers instead of wood structures. Planning Specialist Loper: I think you'd have to say yes, because we have no ordinance opposing a wooden structure or a metal structure or whatever, but there is for mobile homes. Commissioner Bryson: The Council has determined that mobile homes and trailers belong in mobile home parks. And that was a change from where they were allowed on individual lots and to me this is a situation of vastly greater impact than single unit use. Commissioner Walker: I have a question in some of the terminology as it applies to this. An RV is a recreational vehicle, is that the same as a portable hotel and that is what we're talking about. Has anything been established on that type of unit in this town. Planning Specialist Loper: I've never heard of that type of unit. Commissioner Walker: It is just that, they are on wheels, they are movable, they are planning to take them to Florida. I don't have any objection to trailers or cabins on the river. But the question is we're opening a new ball game here in that respect and I almost wonder if we shouldn't table it and study it a little bit and maybe chase this tail a little bit harder. PLANNING & ZONING COMMISSION May 24, 1989 Page 11 Commissioner Bryson read the definition of a recreational vehicle and park. Discussion followed regarding the ordinance. VOTE: Commissioner Bannock: The temporary parking thing, what we're really looking at here is we're not temporarily parking those three trailers here. Chairman Nault: And they don't have their own power and water supply so they're not technically RV's under the City code either. Commissioner Bannock: Well they are though. Let's look at the bigger picture. If the Foster Brothers who have 180 spaces and said that they had .planned on building their park and furnishing it with 100 units would we have looked at it as an RV park or as a mobile home park. This is not a regular RV park because its not planning on moving in and out three different trailers. Commissioner Bryson: He has proposed a hypothetical question that doesn't exist before us. Commissioner Bannock: Look at it this way, there are three units, the book says three temporary units. Those temporary units are the same three units that are going to be there for ever. Commissioner Walker: He's going to take one out. Commissioner Bannock: That's good, but what about the other two. Is an RV park the right thing here. Commissioner Bryson: I feel that the intent of the City Council is to consolidate this type of facility. To me, this is not consolidated. This is encouraging the proliferation. Motion fails Commissioner Bryson - no Commissioner O'Reilly - no Commissioner Walker - no Chairman Nault - no Commissioner Bannock - yes Commissioner Brown - yes The Commission discussed which motion passed and the appeal process. It was the decision of the Commission that the entire issue failed. 5. APPROVAL OF MINUTES - May 10, 1989 Minutes were approved as submitted. 6. OLD BUSINESS a. Request for Pre-Approval of Variance: Addition to Pre-Existing Nonconforming Structure - Lot 1, Sungate Park S/D - Tom Rhyner Mr. Rhyner is requesting a direction from the Commission as to whether or not a variance would be approved if he were to submit an application and the appropriate fee. PLANNING & ZONING COMMISSION May 24, 1989 Page 12 MOTION: Commissioner Brown moved for preapproval of the variance which is the addition to pre-existing nonconforming structure, Lot 1, Sungate Park S/D for Mr. Rhyner, seconded by Commissioner Bryson Commissioner Bannock: "On page 14.41, regarding sight obstruction, this section answers my question as regards why setbacks. I don't feel that the carport or garage would do that", and went on to read sections from Mr. Hackney's comments on page 3 regarding setbacks and 14.19. Commissioner Brown: The way that I would interpret this, it's not the Commission that would violate its own ordinances, but those ordinances are set up for the inspector to enforce as he should enforce them. However, I believe that that variance is an option of the Commission to take into consideration, variances that should not be cast in stone. If it is appropriate to go against it, then we should vote for it. We're looking at his particular piece of property, taking into account where it's situated, and if it applies to this piece of property. It might be arbitrary in this situation. Planning Specialist Loper: What is different about this situation that probably will not happen again is that according to the building inspector there is no building permit issued for turning the existing garage into a part of the structure for living accommodations. To add on to it now would multiply the structure itself, not the setback so much, but the structure. Councilman Smalley read 14.20.050 regarding nonconforming uses of structures. Commissioner Bryson: I think the use of the term nonconforming uses as used here is the type that was legal at the time of construction as opposed to something that doesn't conform now. A true grandfather situation is one that existed prior to ordinances. Planning Specialist Loper: Right, however, what Howard and I discussed is that the Commission, in past circumstances, has used the term nonconforming use to any number of things that came not necessarily before the ordinances went into effect but at a later time and was never caught. Commissioner Bannock: What action does the building permit have to do with any action that we take tonight? Planning Specialist Loper: I'm not sure, other than building codes. Commissioner Bannock: As far as granting or not granting a building permit, is not this body's decision. What we are asked to do is make a decision whether or not he can build in a setback. Commissioner Bryson: I think Mr. Rhyner is trying to find out if its worth his while to put $100 for an application. Councilman Smalley: Is it an encroachment permit? Planning Specialist Loper: No. An encroachment permit cannot be issued for building in a ROW which this is since it is a front yard setback. Its a corner lot. Commissioner Bannock: Is the variance for building PLANNING & ZONING COMMISSION May 24, 1989 Page 13 within a setback, for allowing him to violate that setback. Chairman Nault: If the variance is a minimum requirement for that section of the City and the minimum requirement states that you have to have a setback so far from front, side, and back of any structure. Commissioner Bannock: Let's pretend that we granted it, that's not a guarantee that the building inspector would come in and say okay you can build it because Planning & Zoning says you can. That's not going to guarantee him a building permit. Judging from Mr. Hackney's comments, I don't think he's going to be excited about issuing a building permit for this. I've seen the house and lot. I would support his inclination to violate more of the setback, but I still wouldn't say that the City is inclined to give you the Okey dokey. Commissioner Bryson: If we were to have a majority that didn't have heartburn with what he's proposing, I assume what he's going to do is apply for a variance. The variance he applies for, I assume satisfies whatever he needs to build. the building. If that's approved, Howard will issue the building permit. Commissioner Brown: As long as he complies with the building codes. Once you receive the pre-approval the next step would be to see if you meet the building codes as Howard says them to be. VOTE: Motion passes Commissioner O'Reilly - yes Commissioner Walker - no Chairman Nault - no Commissioner Bannock - yes Commissioner Brown - yes Commissioner Bryson - yes Chairman Nault: This gives you an indication that if you were to apply for a variance the Commission might approve this variance. Mr. Rhyner: It still has to be published in the paper, right? Answer yes. If there's strong opposition, well there's other ways I can get around (inaudible from this point). 7. NEW BUSINESS a. Lease Application: Tract C, Gusty S/D #2 - J.C. Bookey III Taken in conjunction with item 4-a. 8. PLANNING The Commission agreed to a short work session after the meeting. PLANNING & ZONING COMMISSION May 24, 1989 Page 14 ~~ 9. REPORTS a. City Council Councilman Smalley reported on the appointment of Commissioner Bryson to the Borough Planning Commission by the Council. Councilman Smalley reported an the work session the prior evening which included three additional personnel for the City, a personnel director, a librarian, and juvenile officer, the total sum is between $115,000 to $120,000. Road projects are coming up and three were identified, paving the senior center parking lot along with an existing project for Susieanna, 5th and Aspen, and Highland and Upland. $110,000 was specified for the Bicentennial Visitors and Convention Bureau. Regarding the juvenile officer, 200 of the City`s police business is dealing with juveniles. Commissioner Bannock asked for information regarding Mr. Quandts situation on Cook Inlet View Drive. Councilman Smalley answered that there was a suit against the City by Mr. Quandt regarding an easement. Homer Electric has informed the City regarding the moving of utilities at the expense of the City. Utilities being moved in Old Towne would cost about $591,000 if the City loses the suit. The Commission went on to discuss the item at length explaining the situation for the newer Commissioners. b. Borough Planning The major item was the application for exception to the code regarding noxious, injurious, or hazardous uses, the applicant being Borealis Resources. A decision should be coming from the Borough Planning Commission at the next meeting. Chairman Nault asked about the Borough Comprehensive Plan, answer it is still in the first stages and their Plan will be on hold until we have completed ours. The Borough has allocated $1400 for the work and printing of our Comp Plan Map. Councilman Smalley stated that the Council did pass on to the Corps a request that we do want an in depth survey of all physical sights for buoys before any more are approved by us. c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Father Targonsky: I want to find out more about Homer Electric j Association utilities. Planning Specialist Loper: I think that the Commission doesn't know anything to speak of, it's all been handled through the Council. Fr. Targonsky: Well, Planning & PLANNING & ZONING COMMISSION May 24,1989 Page 15 ~ Zoning daes recommendations for ROW's and utilities. Planning Specialist Loper: Recommend yes, however, the Borough retains the full power. Fr. Targonsky further questioned procedures regarding plats, utility easements and who has the authority for the plats. Planning Specialist Loper explained that the Borough meets with utility officials to determine where the easements will lie within subdivisions. There are times that those utility easements are not shown on plats until after they are finalled at the Borough level. Fr. Targonsky: So the City has nothing to say as to where gas or electrical lines go. Who determines where they go. When there is a ROW, I understand that within the ROW you can have a utility easement or is it necessary to give additional easements beyond the ROW. Commissioner Bryson: The Borough has the power to establish where the ROWS and easements go. The City, during normal course of events, is requested to provide input in the form of comments which may or may not be incorporated depending on the Borough. The Borough also requests input from the utility companies. They give them so much time in which to comment. If you had specific concerns you could either petition the Borough through a letter or in person for your concerns and the staff is quite willing to listen, they are easy to work with. Fr. Targonsky: The sewer and the water are not operated by utility companies. The City operates it. The telephone company can go ahead and put a line through a ROW in comparison with the City which can go ahead and build a water line within any ROW it wants to. Commissioner Bryson: I believe the City has the power to issue.... Fr. Targonsky: .... and then turn around and assess people for that water and sewer line. Commissioner Bryson: The City has the authority to issue building permits far construction within rights-of-way that are within the City limits, even though they can't plat them by themselves they can issue permits for what goes in them. Chairman Nault: It has to be platted first though doesn't it. Fr. Targonsky: Originally there was no road there. The City built the road in the subdivision then all the various property owners are assessed. What I'm trying to say is when there's a ROW 510 can ask for it. I want to know who has the right to lay those lines. Commissioner Bryson: I would suggest contacting the public works department. Fr. Targonsky: I hear a rumor that Homer Electric plans to put all electrical lines underground. Councilman Smalley: It was one of the things that was addressed in the HEA letter, however it was just something that was informational. I also want to point out that assessments are 12% of the actual paving, not the road upgrade. Fr. Targonsky: I just wondered haw the City was going to put some in between the house and the church because a utility easement wasn't given to the gas company. When the cable company PLANNING & ZONING COMMISSION May 24, 1989 Page 16 came in I told them they could not dig so what they ended up doing was using the telephone line. They could not dig in the ground, no way. 11. INFORMATION ITEMS a. City Council Agenda - May 17, 1989 b. Borough Planning Commission - May 15, 1989 c. Newspaper Article on Construction within Flood Plains d. Borough Ordinance 89-17 - Passed e. Letter from State Regarding Surveying and Mapping 12. COMMISSION QUESTIONS & COMMENTS Commissioner Bannock: We have a park on 4th Avenue and. I have a complaint from a resident who lives across the street from the park. There is a Port-a-John that is right across the street from his front window. He is trying to sell his house and he is requesting that I put in a ward that perhaps we could move the Port-a-John to the other end of the park or the back side rather than 2' away from the sidewalk. Commissioner Brown: I was just going to make a comment about maintaining it. I drove through there the other day and the street lights are broken, wires pulled out, tree branches are down all over the street. It's a nice looking subdivision. I know it's in litigation, but I think the City should spend a little bit of money in there and go in and clean up. At least clip the wires hanging out. Commissioner Walker: Could the City go in there and at least take the lights down because they're being destroyed. Councilman Smalley: I think the City won't do that because of the fact that it is in litigation.. Anything they do may potentially violate that. Commissioner Walker: It is a hazard right now, it really is. Councilman Smalley: That is the direct responsibility of the developer. I'll approach public works and see what they say about it. Commissioner Brown: Aren't the streets dedicated to the City now though? Chairman Nault: The back part of that subdivision has always been heavily vandalized. We've lived there 2 1/2 years and you wouldn't believe the amount of traffic that goes back there right past the houses. At least taking off the tops would slow dawn the broken glass. Commissioner Walker: Could the City at least run the sweeper back there and clean up the broken glass. Councilman Smalley: I don't think there would be a problem with sweeping back there, they are sweeping now. The secretary was asked to request this of public works. Chairman Nault: There are a lot of people who use the subdivision for walking and riding bikes and there is a lot of glass back there. Chairman Nault: One final note, would everyone who is going on vacation this summer please let Janet know so she can determine a quorum as far ahead as possible. PLANNING & ZONING COMMISSION May 24, 1989 Page 17 13. ADJOURNMENT There being no further business, the meeting was adjourned and went into work session on the Comprehensive Plan. Janet A. Loper, Planning Specialist Secretary to the Commission PLANNING & ZONING COMMISS Roll Call ~~ Chairman Pat Nault '~,. ~ ~ -1 !'w- Duane Bannock Dave Brown s Vice Chair Phil Bryson Carl Glick Margaret O'Reill ~V ~ '~ ~~J~' VG?'l (,~,~ Council Represen Hal Smalle ative TO DO