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HomeMy WebLinkAbout1989-08-09 P&Z Minutes\ KENAI PLANNING & ZONING COMMISSION August 9, 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 PZ89-6 Amended: Conditional Use Permit for Charter Service - Lot 29, Anglers Acres - Riddles b. Resolution PZ89-10: Conditional Use Permit for Charter Service - Lot 26, Anglers Acres - Thayer 5. APPROVAL OF MINUTES of July 26, 1989 1 6. OLD BUSINESS a. Home Occupation Permit: 130 Sprucewood Rd., Apt #4, Applause Unlimited - Kilbourn 7. NEW BUSINESS a. Letter from Mayor Williams Regarding Utility Easements 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 - August 2, 1989 b. Borough Planning Agenda - August 7, 1989 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~, KENAI PLANNING & ZONING COMMISSION ~ August 9, 1989 - 7:00 P.M. City Hall Council Chambers Pat Nault, Chairman 1. ROLL CALL Present: Nault, Bryson, Bannock, Brown, Glick, Walker Absent: O'Reilly (excused) 2. APPROVAL OF AGENDA Agenda approved as submitted 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ89-6 Amended: Conditional Use Permit for Charter Service - Lot 29, Anglers Acres - Riddles This item returns at the request of the Commission in an amended form. The original application had requested three businesses; an RV park, bed & breakfast, and charter service. The amended application requests only the charter service. Chairman Nault opened the item for public comments. Donna Riddle came forward to present the item explaining the business from previous meetings. One letter was introduced which stated that no business should be allowed unless it is operated in a permanent structure "that will not cause a picnic ground, camp trailer type atmosphere." There is a house and a storage shed on the property. Chairman Nault asked if the house were used as a residence or for the charter service. Mrs. Riddles answered that it is a residence or both. "I can't promise that it will never be used for the charter service but the only thing we would do at the house is check clients in and out. At the moment we would use the shed for that." Mrs. Riddle indicated that there was a letter in the packet from Mr. Rainey who was opposed to the original application, and had now withdrawn his opposition based on the removal of the RV's. Chairman Nault: Is this going to involve putting in a dock or tie up. Donna Riddle: I would love to if I could get you to say yes but at the moment we have no plans. Chairman Nault: I think you would have to take that up with the Corps of Engineers. Would this involve putting boats in or taking boats out. Donna Riddle: We wouldn't be putting boats in, they would be there already. We put the boats in once a year and leave then KENAI PLANNING & ZONING COMMISSION August 9, 1989 2 there which is what we do now, with our private boat. It would be a matter of boarding the people there. We have no intention of moving Fish Hawk Charters to our building, that is too many people on a quiet lot. What we would like is, during silver season when the charter building in town is closed down, we would use the lot. Chairman Nault: So this would involve clients coming to the lot, parking on the lot, and boarding boats and fishing for the day and getting back in their vehicles and driving away. Answer yes. Chairman Nault: How many cars and how many clients? Donna Riddle: We run one boat so four cars max. Chairman Nault: Is there room on the lot for conceivably twelve people? Answer yes, with no parking on the road. There really is no way a large charter service could operate on that bank. We have no desire to do that. Commissioner Brown: You would have no problem with the permit being conditional on having a maximum of three boats? Answer no problem. Chairman Nault closed the public hearing and brought the item back to the Commission, MOTION: Commissioner Bryson moved (recommending) approval of PZ89-6 Amended, seconded by Commissioner Bannock. Chairman Nault: Are there no limitation of number of boats? The resolution is simply for the charter service. MOTION AMENDMENT: Commissioner Glick moved to amend the main motion by adding the statement, not more than three charter boats to work from this location at any one time, seconded by Commissioner Brown Commissioner Glick: That is consistent with what we've done in the past and you were agreeable is that correct? Answer yes. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Motion passed unanimously by roll call vote b. Resolution PZ89-10: Conditional Use Permit for Charter Service - Lot 26, Anglers Acres - Thayer Chairman Nault opened the item to public hearing. Photographs were handed out to the Commission along with a drawing of the proposed floor plan for the bed & breakfast and two letters from neighbors. Commissioner Bannock asked if the drawing were for an existing structure. ~ KENAI PLANNING & ZONING COMMISSION August 9, 1989 3 Mr. Thayer: No. There are existing structures as you can see from the pictures. There is a storage shed, covered patio for the patio and fire place, a fish smoker, and all are easily moved. There are two Airstream trailers and one pickup type camper. The first Airstream has been there about 10 years. I could have them out of there in a day. I guided the river for five years and quit because of the demands of my job. I will be changing jobs in two to three years and at that time I intend to build the structure. Chairman Nault: Isn't there a provision in the code regarding expiration of a permit if it isn't used. Answer yes. Mr. Thayer: "I'll be the first to admit that we have lots of guests at the lot. When it comes time to go back into business again, that comes to an end. Paying customers and guests do not mix. The conditions that the neighbors mention do exist. However, I don't think there's anything in there that says that they encroach on the other properties and I'm pretty careful to tell them where the boundaries are. We run Thayer Recreation and its river charters in other areas. The Tesoro Oil Company started fishing with me in 1978. When I quit guiding, they wanted to continued to keep coming to the lot for two weekends each year and we serve them a family style meal, they drive their own rented campers down from Anchorage and we take care of their fish because we have a freezer there. They hire other guides that either pick them up at the lot or drive up to Poachers Cove for guides. I've done that every year since I've quit guiding,, but I've not had those people in the boat. I'm not registered to guide but I have kept my Coast Guard registration. Commissioner Bannock: What immediate effects is this permit going to be used for. Are you wanting to go back into the charter service immediately? Obviously the bed & breakfast isn't going to happen for a couple years. Mr. Thayer: That's true. Commissioner Bannock: How about the charter service, when is that going to happen. Mr. Thayer: It could happen on a limited basis before I retire, but I would not foresee that happening for two years. Commissioner Bannock: Why are you asking for this permit now. Mr. Thayer: It will allow me to plan for what I'm going to do when I'm ready. Without the permit and knowing I can do it. Commissioner Bannock: You mentioned that there is a trailer there. With the Riddles the trailers were a major issue. Can you give us a brief history and your plan for the trailers, are they going to live there forever. Mr. Thayer: I would like to keep the trailers there until the permanent structure is built which gives me a place to live as I work on the structure. Commissioner Bannock: Do you take these trailers home in the fall? Answer no. Commissioner Bannock: How long have they been there. Answer: one for 10 years, the other two for six or seven years. Commissioner Bannock: You want to keep one or two of them until you build the house? Answer yes. Commissioner Bannock: Is there going to be anything else built in regards to the charter service or are there plans for that in this floor plan? Mr. Thayer: I don't plan on any other structures. There is a storage shed and a covered patio I would like to keep. The trailers would go as the built became habitable. KENAI PLANNING & ZONING COMMISSION } August 9, 1989 4 Councilman Smalley: Did I hear you say the trailer houses are not going to be used for the business at all. Answer no, and they have not been since I quit guiding. Commissioner Brown: So you would not operate a bed & breakfast until you build the structure. Answer yes. Mr. Thayer: One letter mentioned sewage, we have rented a Porta Potty every year since 1978. Commissioner Bryson: Do you have a well? Answer yes. Commissioner Bryson: How about gray water disposal? Answer: Only the Porta Potty. Councilman Smalley: Could something like this be conditioned upon something like the business would not be allowed to operate until the structure is completed. Mr. Thayer: I would agree to that. Councilman Smalley: He has a year and he could come back and request an extension. And that would seem to answer to the concerns of those that are there according to the letters. Chairman Nault: I agree. The opposition seems to be operating out of the trailers and temporary structures. Mr. Thayer: That's what I see in both letters and there is some concern about running a business and having guests at the same time. And I agree, we did it before. Commissioner Glick: We've approved charter services and bed & breakfasts and in all those cases the structures were already in place and the businesses running. Discussion followed regarding the expiration of the permit. Commissioner Bannock: I still have a problem with the trailers. From all the heat that we've received on that street, there's a common denominator and that's trailers. I would want to encourage Mr. Thayer to, as quickly as possible remove them. I have no problem with his bed & breakfast and charter service. But I am concerned about the time period and the time we're going to have those sitting around. That's what his neighbors are complaining about. Chairman Nault: I think they're complaining about him operating a business out of those trailers. Commissioner Bannock: Because they're confused about that just as they were probably confused about the Riddles when they thought they were going to put in a fifty unit trailers park. Chairman Nault: Unless I'm wrong, the issue about the Riddles was that they were intending to operate the bed & breakfast out of those trailers and that was the objection and the problem with the code. Commissioner Bannock: I think the Simpsons made a valid point in their letter regarding the trailers. I really don't know if issuing a permit at this time is appropriate. I like the idea of the amendment that no business be conducted until there is a structure but I don't know that that solves my problem. If we were to pretend the trailers weren't there and Mr. Thayer had just purchased his lot and was going to build his structure however he wanted to do it within a year and begin his business, than that would be easy. KENAI PLANNING & ZONING COMMISSION j August 9, 1989 5 Councilman Smalley: It still is tied in with the building permit because he can't move in and live in a structure until the certificate of occupancy is issued. Commissioner Bannock: Except we aren't issuing a bed & breakfast for this facility, we're issuing it for the lot. That means I can drive my Winnebego down there and if I have a permit I can run the business out of it. MOTION: Commissioner Bryson moved to approve. the proposed application for a bed & breakfast and charter service including the following conditions and stipulations: 1. the bed & breakfast be operated in conformance with the appropriate code, 2. that the charter service be operated with three boats maximum, 3. the non-conforming trailers be removed from the property and my interpretation is that two of the three as one can be used during construction of the structure, 4. and the bed & breakfast not be operated until the certificate of occupancy is issued seconded by Commissioner Glick Commissioner Bannock: I think the first one regarding the city code is standard and probably doesn't need to be included as a condition. Commissioner Bryson: Is there a bed & breakfast ordinance? Answer yes. I would request that the first item be withdrawn. Commissioner Glick agreed. Commissioner Bryson asked Mr. Thayer to comment on those conditions. Mr. Thayer asked if removal of the trailers is to be immediate. Commissioner Bryson: I would assume it would be when this goes into effect and that would be within the year. Councilman Smalley: By next fishing season I would imagine because that is where you take you most heat from your neighbors. You know trailer houses can be very nice but they're still trailer houses. Mr. Thayer: Those trailer houses are fairly well screened from the neighbors and you cannot see them from Angler Drive. Before you couldn't see them from the river, but the trees are thinning. I'm satisfied by those conditions. VOTE: Motion passed unanimously by roll call vote 5. APPROVAL OF MINUTES of July 26, 1989 There were pages missing from the minutes - they will return at the next meeting. KENAI PLANNING & ZONING COMMISSION 1 August 9, 1989 6 6. OLD BUSINESS a. Home Occupation Permit: 130 Sprucewood Rd., Apt #4, Applause Unlimited - Kilbourn The applicants have made no response to the letter sent out informing them of the postponement. It is unknown whether they are still in the area and if the business is continuing. The Commission discussed the item at length and had many questions. MOTION: Commissioner Bryson moved approval of the application, seconded by Commissioner Bannock. VOTE: Chairman Nault - no Commissioner Bryson - yes Commissioner Bannock - yes Commissioner Brown - yes Commissioner Glick - no Motion passes 7. NEW BUSINESS a. Letter from Mayor Williams Reaardina Utility Easements Councilman Smalley informed the Commission that Mayor Williams is asking the Commission to set a policy regarding utility easements . It is an attempt to make Homer Electric aware that we're not just going to give freebie easements away. Commissioner Bryson: There's been an attempt for a very long time to get HEA to designate where they're putting utilities and the vehicle for that was the application which they declined to do. Twenty years later it becomes your utility is in the way of what we want to do now and its not where you said it would be. Commissioner Bryson: Has the public works proposed locations? Councilman Smalley: I can't answer that because the Mayor basically just introduced this at the last meeting, however I know that he and Mr. Kornelis have worked on this. But that really isn't a policy and that's what he wants is a policy. Commissioner Bannock: What is the situation right now and what will the policy change. Councilman Smalley: Right now there are a lot of utilities that need to be relocated because, as Phil suggested they are helter skelter, there's no permitting process that they've used. What's happening is the City and Homer Electric have gone into legal negotiations to cover costs of relocation of utilities and right now the City has won the suit so far. Chairman Nault: So how did the utilities get where they are. KENAI PLANNING & ZONING COMMISSION August 9, 1989 Commissioner Bryson: Kusco used to try to work with the City, the City had a format that they were using and Kusco was willing to work within it. HEA has never really acknowledged that they are limited. In the old days if the trees were cleared here that's where they would go and they might be close to the property line or they might be on the side. Planning Specialist Loper: The telephone gave the City a book of where their lines are located. Commissioner Bannock: So they are looking for a policy that would say the City wants the lines, say 10' from the curb within an easement, is that the idea? Chairman Nault: Or if they aren't where they should be we want them moved? Councilman Smalley: I think more along the lines of costs that are incurred. Councilman Smalley suggested that Administration could research other agreements that other communities have. Commissioner Bryson: I would like staff to contact Anchorage and Mat-Su and a few more incorporated cities to see what they are doing. We couldn't do anything tonight anyway. 8. PLANNING None 9. REPORTS a. City Council Councilman Smalley reported on the paving of some areas which are having some problems, and the proposal for the State Recorders Office to be located in Kenai. b. Borouah Planning Commissioner Bryson reported on Borough discussion regarding solid waste. The request by Tyonek for dumping sewage in the Cook Inlet was denied, however the state approved it. c. City Administration There is an information item in your packet regarding Anglers Acres - a portion of a larger plat was filed for this area. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - August 2, 1989 b. Borough Planning Agenda - August 7, 1989 l KENAI PLANNING & ZONING COMMISSION 1 August 9, 1989 8 12. COMMISSION COMMENTS & QUESTIONS Commissioner Brown asked if the secretary could prepare a map similar to the map drafted for the Borough on buoy placement for permits issued in the Anglers Acres area. 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:32 P.M. The Commission commenced the work session on the Comp Plan and proposed Recreation Zone immediately following. Janet A. Loper Planning Specialist Secretary to the Commission KENAI PLANNING & ZONING COMMISSION Roll Call DATE : ~~'~i~ ~' ~ / 9~~ .Chairman Pat Nault ~ :~ Vice Chai r 'Phil Br son Duane'Bannock 1 Dave Brown ~ ~~ Carl Glick _ Margaret O'Reill . Kevin Walker C il R . ounc ep. Hal Smalley 3~ TO DO (~(}s'