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HomeMy WebLinkAbout1989-06-28 P&Z MinutesKENAI PLANNING & ZONING COMMISSION ~ June 28, 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 a. Resolution PZ89-7: Variance for Building Within Setback, Lot 1, Blk 3, Sungate Park S/D - Rhyner 5. APPROVAL OF MINUTES - June 14, 1989 6. OLD BUSINESS 7. NEW BUSINESS a. Home Occupation: Lot 27, Blk 1, Valhalla Heights, Locksmith Shop - McCrosky 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 17, 1989 b. Borough Planning Commission - May 15, 1989 c. APA Publications - 2 12. COMMISSION QUESTIONS & COMMENTS 13. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION } June 28, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Brown, O'Reilly, Walker Note, Commissioner Bannock arrived later Absent: Bryson, Glick (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-7: Variance for Building Within Setback, Lot 1, Blk 3, Sungate Park S/D - Rhyner Chairman Nault noted that most of the information had been reviewed at the last meeting which was a request for consideration by the Commission as to whether or not the Commission would grant a variance if he applied for one. Chairman Nault opened the issue to the public for comment. Tom Rhyner: "Most of the stuff I said during the last meeting and I made a few measurements and that, I don't know if its in the information you have there, but it's about 80' from my lot line up to where the paved shoulder of the Spur Highway starts. And that includes where the utilities are buried and the ah, oh there's a big ditch through there and just, I drew it up and I don't know if it was included." Chairman Nault: We have everything that we have seen and more. Tom Rhyner: "So there's about, between where I'd like to build my garage and where the Spur Highway actually is, is probably 80' about, I measured. And that's to the start of the paved shoulder and that's a total of 100' to centerline there. So it's not like I wouldn't be crowding the highway or anything. We've had that house about seven years and, as you all know the traffic and noise has picked up considerably." KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 2 Chairman Nault: Thank you. Any discussion among the Commission members? Commissioner Brown: I'd like to refresh our memories. Chairman Nault: My question about the variance is, I think there was some discussion about highway ROW and if they widen the highway. Commissioner O'Reilly: There was discussion in the last minutes that, if the house were to go up for sale right now, there would be a cloud on the title. Commissioner Walker: As I understand it right now, the house is already not in accordance with City ordinances. This would be a furtherance against that and the way I've been reading the zoning code we cannot authorize that. Planning Specialist Loper: If you look under the section regarding encroachments, right now you could make him remove it. If it were physically possible. Tom Rhyner: "When we bought the house the garage had been changed to living quarters and the only reason that its in violation is we're using it as a den instead of a work shop or whatever. If I called it a work shop and part of my garage or whatever, I don't know, that ... it originally was a garage, but when we bought it it changed to a den. And the work shop in the back half of the garage in the part where the cars are parkedF we have a TV and couches, its become our den. But if, we had"to we could change it back to a garage and ... then we'd no longer be in violation. But when we bought it, it appears, you know, they sold it to us the way it is and that appears to be a violation by ... I don't know a few feet I guess, I think about 3', the way that the code reads." "But all we're asking for is to put a garage up to the lot line. Just to utilize the rest of our property up to the, where the highway ROW which is a 200' ROW, its not like the city street where you only have 60' of ROW, there's actually 80' between our lot line and where there's any highway at all built and driving surface. And so there's more between my lot line and the driving surface then there is in the total city road ordinarily by 20'. I can see on a city streets where you might have a problem with that ... there's only 60' to operate in. Its where my driveway where we park and everything now. I just like to be able to close it so I can use it for a parking my vehicles in the winter. I park 'em there anyway, it's just there out in the weather now." Commissioner O'Reilly: Tom, are you sure you said that you were under the assumption that if the room were not. utilized for a den, if it were utilized for a garage that you wouldn't be in violation? KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 3 Tom Rhyner: "No, because it only has to be 15' from the lot line and the house is a little over 17'. So when the house was built there was no problem, even if, and I don't know if the zoning ordinances were exactly the same or not, it appears like they were and the house was built in compliance and all, but the previous owner, same time along changed the garage to a den and somewhere, when they started using it as a den, apparently that puts it in violation. Now I don't understand the exact details but its not the building that was in violation when it was built everything was ok. They chose to use it for a den, they closed up where the garage door was so you would have to reinstall the garage door and take out the furniture and pull up the wooden floor. Its just stringers over the door. It's still a slab down underneath the stringers and all, but just a false floor was put in so that they could use it as living space." Commissioner O'Reilly: It looks like the codes when the house was built were the same as the codes we're operating under now. So, when these people changed it over, well was the house in violation to-begin with? Planning Specialist Loper: No. The problem we keep running into is on a corner lot you've got 25' from both street sides. This house is only 17' from the lot line and should be 25'. Now how close the house is, I don't know, it's not shown. As a garage under accessory uses he can build to within 10' of a lot line. The minute he encloses it or alters the structure. to make living space, he's encroaching well within the setbaok. Commissioner O'Reilly: So there are different requirements for a garage versus a house. Tom Rhyner: "But when the house was built, that part was built as a garage. And so at that time it wasn't in violation because you only had to be I thought it was 15' but apparently its 10'. But they could actually have built the garage bigger than they did to use it as a garage it was completely enclosed heated garage and all and there was no problem with it. But as soon as you stopped parking in it and use it for something else then apparently it goes into violation even if you don't change anything on the structure itself, and so that's why I apparently cleared the title search company and all, because on my subdivision plat it only shows it 20' setback on the front yard it shows no side setback to the highway hardly because its a 200' highway right a way and so its not like your going to need utilities on your lot there or anything they've go the utilities buried 5' over into the road ditch and there still 75' from the highway." Apparently you can't turn your garage into living space always, even though when the house is built with the garage there's no problem, but if you try to use it for living space and all you basically do is close up the garage door then your in violation is the way the code looks. All that aside, I'm just asking for a KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 4 simple variance build a garage to the lot line which I don't see where that should be any problem, because I park my cars there and all now and it's just a simple variance to utilize that space." Commissioner Brown drew a sketch on the whiteboard. You have a 200' ROW and this is the centerline of the highway here. The highway is 40' wide from there to there and 20' from there to there. That leaves 80' from there to his property line. So say if they added that and made it two lanes and made that 80' so that it had 20' on each side of the highway and that is now reduced to 60' to his property line and say his house is encroaching at 17' and he would build a garage to say even within a foot from his property line he would still be 60' out to the edge of the highway where the traffic would be running, even if they made it into a two lane. Commissioner O'Reilly: This is an application for a variance from the code. Is this the same wording as a conditional use permit where upon extenuating circumstances it can be, not alter the code but allow that person some latitude? Planning Specialist Loper: Not exactly. A variance is actually a variance from the code and a conditional use permit is more or less. an addition to the code. Commissioner O'Reilly: So a variance is the answer to certain circumstances which make the situation unique therefore we should alter the code a little bit for that person. Planning Specialist Loper: That would be his assumption, that he is:_unique to anyone along the highway. Commissioner Brown: So, that ROW varies as you go from here out north. For instance, in some parts as you go out north that ROW narrows down to 150'. So if a person that was building along that 150' ROW built even up to that 25' setback he would still be closer to the actual roadway, even if he was within code, if the condition would be the same if we granted this variance, as somebody that was building next to a driveway that was 150'. Commissioner O'Reilly: How did they come up with the numbers of what the ROW is supposed to be. Planning Specialist Loper: I don't know. We did an extensive research about four or five years ago and I believe it was then Councilman John Wise that came up with a PLO or public land order which was dated 1945 I believe and it was a federal order which was standardized. Then the state came through and said we don't want this much here and there so there are separate state PLO's along the way. Commissioner O'Reilly: What kind of criteria do they use to evaluate it. Planning Specialist Loper: I have no idea. Commissioner O'Reilly: So we don't know why the City code has that rule. Councilman Smalley: You mean like our side yard setback? Those are standard. Planning Specialist Loper: They 1 are standard across the United States. We don't do anything unique to anyone else. Soldotna, Seward, Homer, and perhaps New York are all the same. KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 5 Commissioner O'Reilly: If you could find that much land. Planning Specialist Loper: Yes, exactly. What I furnished you are excerpts from books that are put out nation wide for planning guidelines be it San Diego or Nome. I researched extensively the subject of setbacks and found that it goes by several different names, lot line, yard line, open space, etc., but no matter what it's called it's all the same. Commissioner O'Reilly: So did you find out why we have setbacks? Planning Specialist Loper: Protection of open spaces is the best I can find. Through the Municipal Clerks Association, you can call on a hot line and they will do a poll for you of areas that are similar in size and population and come up with an answer. That was the most common answer, that it is open spaces to protect the public. Not just your own, but. the neighbors as well. Tom Rhyner: Did you get any responses from my neighbors? Answer no. I know my wife delivers the mail and the people that mentioned something to her seemed to think it was ludicrous that I couldn't put a garage there. Planning Specialist Loper: It's not so much the setback as it is that you already have a violation. And that is what makes you unique. Banks, as a rule, are very careful about looking for those types of things to ensure there is no cloud upon the title. What you have right now is a cloud upon the title that the bank didn't catch. Tom Rhyner: "Well, yes, but to change that all I have to do is make it a garage again and it falls under code. All I'm asking for is to build a garage alongside of what I have now. I'm not asking anything about the existing house. The building's not in violation just the use of the building. Similar to if I was parking trailers on my land. The land isn't in violation but the use of the land is. Same with my house. The house was never built in violation the fact that I watch TV instead of park my car makes it in violation. I had no way of knowing and I still wouldn't know that it was in violation if I hadn't asked for a simple variance to the lot line which is, like I say my neighbors certainly can't understand why I wouldn't be able to put a garage there since I built, I mean since I park my cars there. I'm not asking anything to do with the house as it exists, I'm just asking for a variance to build a garage. To move a garage to the other end of my house would get real expense, I'd have to buy culvert, I have to fill it in, I have to build the driveway, there's a, you know, a lot of expense to it. You might be right someone may catch it if I go to sell the house. I don't know that. But I'm not asking for anything to do with the existing house right now. I'm just asking for that noise barrier which would be my garage." Commissioner Brown: As long as we grant the variance then that cloud is no longer ...? Planning Specialist Loper: No, the cloud still exists. Commissioner Brown: Even with the variance? Planning Specialist Loper: Yes, because if he took the garage out and made it a garage again, he'd be building a garage onto a garage. And you still can't build up to a lot line with a garage. KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 6 Tom Rhyner: That's why I'm asking for a variance to build a garage. Then if I change it back to a garage its all garage up to the lot line. If I was to ask for an addition to the existing garage I wouldn't have a problem. Planning Specialist Loper: You'd still probably have a cloud on it because the code says 10' from a lot line. Tom Rhyner: That's why I want the variance. I need a variance before I can do anything. Planning Specialist Loper: Not really, the clean way is if you get an encroachment permit first you'd probably have no problem with the variance, depending on that outcome, but with your existing problem, that needs to be addressed. Councilman Smalley: I visited with Howard on this and that's exactly what he's saying, sort of in his memo, but that's basically what he needs really, is an encroachment permit so that he's legal. Whether he uses his existing garage as a den to watch TV or whatever, its the use that's in violation. If he were to get permission to build a garage alongside of his old garage, when is it that that old garage is still a garage. Technically, its a den and its in violation. The use is in violation and you're casting a cloud on it. Tom Rhyner: Its, you know, all want is a, what I'm asking for, which I would like is a ah, a variance to be able to build a garage. Because I don't have a garage now. And ... Councilman Smalley: You say you don't have a. garage then your building is in violation. Tom Rhyner: "Well I agree. I've said it before, I said its a den, that's what we use it for. The bank had no problem with it, Cliff Baker, when he did the survey had no problem with it. I mean when he surveyed it up and all and turned it over to the title company. And the plat that was stamped by the Borough had no problem with the subdivision the way it was drawn on there." Councilman Smalley: Did it show as a den or does it show as a garage when they turned in the plat or asbuilt. Tom Rhyner: Shows it as a building. It shows it as nothing, four corners of a building's all that's surveyed in on the asbuilt. Well and septic. I do land surveying but I don't know anything about real estate so there was no way for me to know it was in violation to start with. I'm just asking for a variance to build a garage that will be closer than the 10 feet I'm allowed because there wouldn't be enough space to park a car in...if I kept 10 feet away, but I can build a 16' garage in that space with standard materials put a 10' or 12' garage door on it and have a garage that I can use. If I'm granted the variance. If I'm not, I'll have to string tarps or whatever in the winter. I'd like my yard they way it looks it looks nice and all and I think the City appreciates that people keep their yards looking nice. For me to have a tent city up along my house, I won't be in violation or anything and it will end up serving the same purpose aside from I'll have to redo it KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 7 Chairman Nault asked for any other comments, there being none, brought the issue back to the Commission. MOTION: Commissioner Brown moved for approval of Resolution 89-7, seconded by Commissioner O'Reilly. VOTE: Chairman Nault: no Commissioner Brown: yes Commissioner O'Reilly: no Commissioner Walker: no Motion fails. Tom Rhyner: Okay, now I take this to the City Council. Councilman Smalley: I have a question, if he were to request an encroachment permit, probably it would be granted, and I'm speculating. Would the City, probably Howard would be best to answer this, would Howard have a problem then? Planning Specialist Loper: I don't know, I would assume not. Councilman Smalley: The problem is, is it is already an existing problem and by approving a variance your giving a variance to an already existing problem, then you've got two problems. Tom Rhyner: But a variance doesn't create a problem it keeps it from creating. Councilman Smalley: No, but the„problem is the encroachment already. With the use. And by just building a garage on the other side of it, you haven't solved the problem. Tom Rhyner: No, I'm just saying you won't create a bigger problem. Councilman Smalley: But it may be a way to go around. And that also solves any problems with the title too should you ever want to sell. Because by and large when you're really trying to sell those clouds all of a sudden appear when you really don't want them too and in a tight economy it could make or break a sale. And that may be a way to resolve the problem. Check with Howard. Tom Rhyner: I'll still take it to City Council. 5. APPROVAL OF MINUTES - May 24, 1989 Minutes approved as submitted 6. OLD BUSINESS None KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page $ 7. NEW BUSINESS a. Home Occupation: Lot 27, Blk 1, Valhalla Heights, Locksmith Shop - McCrosky Mr. McCrosky came forward to answer questions, Commissioner Walker asked what type of sign was planned for the business, answer all the signs are on my van. I have a sign out front and I was informed that I can't do that until I get the permit, however in the future I would like to put up a sign that's already made up and put it out on the frontage of my property to make people aware that I am a locksmith and open for business. Planning Specialist Loper: Under a home occupation permit in a residential zone it's going to have to be pretty small, I think 4 square feet. Commissioner O'Reilly agreed and went on to read the portion of the code concerning signs. Mr. McCrosky stated that currently he has a sign that is 36" x 18" which is just about 4 square feet. MOTION: Commissioner O'Reilly moved to approve the home occupation permit request for Shaun McCrosky, seconded by Commissioner Brown. VOTE: Motion passed unanimously by roll call vote 8. PLANNING A draft of a proposed recreation zone ordinance was presented to the Commission. A work session was set for the next meeting, July 12. 9. REPORTS a. City Council Councilman Smalley discussed the capital lighting. If people want to see lighting going to have to start calling Council. b. Borough Planning Commissioner Bryson not in attendance c. City Administration None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD improvement list and in this City they are None KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 9 11. INFORMATION ITEMS ,~ a. City Council Agenda - May 17, 1989 b. Borough Planning Commission - May 15, 1989 c. APA Publications - 2 12. COMMISSION QUESTIONS & COMMENTS The Commissioner asked to pass along thanks to Public Works for cleaning Inlet Woods. Commissioner Walker asked about. the ordinances regarding junk cars. In Old Towne there are several junk cars scattered around. Would it be possible to remove any of them? Councilman Smalley answered that it would be difficult on private property. It would. first have to become a nuisance. Planning Specialist Loper explained the procedure for removal. Commissioner Walker stated that from the looks of Old Towne we could easily send out 40 letters to get the process moving. Councilman Smalley stated that Bicentennial group has discussed. Commissioner Walker asked if anything had been done about the buoys. The particular one I have in mind is very close to the boating ramp. It is really too close to the ramp for safety reasons for those boats launching. Councilman Smalley stated that a survey was requested. Commissioner Walker stated that understood about the request for the survey, but what could be done about getting the buoys moved before we get more boats. MOTION: Commissioner Walker moved to request a letter be sent to the Corps of Engineers voicing concern and requesting the survey results in order to determine the owner of the buoy which is a safety hazard and further that the Harbor Commission be informed of this buoy and also consider a request to the Corps for the exact location and owner of the buoy, seconded by Commissioner O'Reilly. Commissioner Walker, I see a potential problem down there depending on the number of boats that end up there. You have the floating dock and the launching ramp, and you have the river, and the bank is quite steep there at low tide. There is one other buoy that floats approximately 15' to 20' from that, maybe even closer, but if you were to tie a few boats up to that buoy at low tide and then try and launch, I don't think it would be easy to do. Everyone would be dodging that. Last year there must have been 100 people on the river last year during dip netting. The intent of my motion is to find out whether they are in fact surveying it and moving ahead on it and voicing concern. Commissioner Brown agreed. I feel very comfortable with that. I don't want to be pushing for moving one buoy so much as locating it and getting the survey moving. KENAI PLANNING & ZONING COMMISSION June 28, 1989 Page 10 j VOTE: Motion passed by unanimous consent. Chairman Nault asked about the bike path that runs from in front of the high school to the bowling alley. Planning Specialist Loper explained that it belongs to the State. Councilman Smalley stated that he had made the request on that. The highway department is responsible for that and there is no way they're going to go after Lowery or anyone else to have them repair the damage. Chairman Nault agreed, they dug it up to da Omni Foods and 7-11 and none of it has ever been replaced and on top of that the condition has deteriorated. Chairman Nault asked if the City cared and were willing to do anything about it. Councilman Smalley stated that most cared, but there is nothing they can do about it. Commissioner Walker stated that there is a movement in other states that goes the other way, they are ensuring that if you have a lawn it will be mowed. It might not be in this City yet, but California is real hot on that. Councilman Smalley stated that they own property in Colorado and they got a bill from the state for mowing the grass because it was afire hazard. 13. ADJOURNMENT There being no further business before the Commission the meeting was adjourned at 8:35 P.M. Janet A. Loper Secretary to the Commission PLANNING & ZONING COMMISSION Roll Call /H~ ~y~/~ Chairman Pat Nault Duane Bannock Dave Brown Vice Chair Phil Bryson Carl Glick Q Mar aret O'Reill g J~ ~/~J ~~'j/j Council Represen Hal Smalle ative TO DO