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HomeMy WebLinkAbout1990-01-24 P&Z Minutes~s KE NA = PLANN = NG SZ Z ON = NG COMM = S S 2 O N January 24, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. PERSONS PRESENT SCHEDULED TO BE HEARD 4. PUBLIC HEARINGS a. Resolution PZ90-03: Application for Bed & Breakfast Establishment at 2820 Watergate Way, VIP S/D - Helm 5. APPROVAL OF MINUTES of January 10, 1990 6. OLD BUSINESS 7. NEW BUSINESS a. Resolution PZ90-02: Approving FY 1990/91 Budget 8. PLANNING 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEUDLED TO BE HEARD 11. INFORMATION ITEMS a. City Council Agenda - January 17, 1990 b. Borough Planning Agenda - January 22, 1990 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT :~ KE NA = PLANN = NG ~ Z O N = NG COMM = S S = O N January 24, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman New Member Tim Harbaugh was sworn in by Mayor Williams 1. ROLL CALL Present: Bryson, Glick, Graveley, Harbaugh, McComsey Absent: Bannock, Brown (excused) ~...~s 2. APPROVAL OF AGENDA Chairman Bryson asked to add an item concerning review of construction in the Townsite Historic Zone and that item 7-a be moved to 7-b as there were persons present to speak to the construction issue. MOTION: Commissioner McComsey moved approval of the amended agenda, seconded by ~ Commissioner Glick VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED TO BE HEARD Mayor Williams reported to the Commission on several projects going on within the City and their current status of each. The projects were: the land & water grant for the viewing area, 2) the bird walk project, 3) the Congregate Housing, 4) new ball fields and a control center, and 5) the public hearing on the acquisition of land for the Beaver Loop boat launch. 4. PUBLIC HEARINGS a. Resolution PZ90-03: Application for Bed & Breakfast Establishment at 2820 Watergate Wav, VIP S/D - Helm This item was a discussion item at the last meeting, and it was the decision of the Commission at that time that it return as an application for abed and breakfast. Planning Specialist Loper informed the Commission that 18 notices were sent out and as of today there were no objections. There were several calls for questions, but no comments. Chairman Bryson called for public comments. Mr. Lamar Helm came forward and explained his plan. "I went out Saturday and talked to everyone that is living in a house close by and some people quite a distance away. It was a very good exercise for myself, I've never KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 2 met most of those neighbors. I told them what we planned on doing and no one had any objections at all. There were some comments such as why not use all of them, and I've been thinking about doing one myself, but no objections. Everyone wished us the best of luck." Mr. Helm passed out a sheet of paper with signatures of those persons he spoke to who do not object. Planning Specialist Loper: There were some questions that I couldn't answer and I will pass them along. 1) Do you have to be checked by DEC because you are handling food? Mr. Helm stated that he checked with the Bed & Breakfast organization in Anchorage and they said it was necessary. 2) Are you going to use a lease for the unit you are going to be using for the B&B? The person felt that it is very important that the person knows up front what the expiration date is going to be and when they need to move out. Mr. Helm answered that he hadn't thought of it but probably would. Mr. Helm stated that right now there is no problem with filling up rentals so sees no problem with this unit. To rent that unit back out after the fishing season I was considering giving it a real bargain rate because it will be inconvenient to the person to have to move back out again. We're ordering all new furniture for it too. MOTION: Commissioner McComsey moved for approval of PZ90-03, seconded by Commissioner Graveley Planning Specialist Loper: Because this is a 4-plex and because of your discussion at the last meeting, do you want to specify that only one unit will be used. Mr. Helm: I thought I was restricted to six people. Planning Specialist Loper: I don't believe there was any discussion about the number of people. The code speaks to floor area as opposed to number of people. Chairman Bryson: The staff report refers to the one unit, however, that was not the applicants stated intent. Councilman Smalley: I believe that it was probably a number that has been discussed with other B&B's that include boats, so maybe that's where the number six came from. Planning Specialist Loper: That wouldn't hold true in this case because boats are not requested. Commissioner McComsey stated that he would like to include in his motion that the business be restricted to one unit, seconding Commissioner Graveley consented. VOTE: Motion passed unanimously by roll call vote Mr. Helm stated that he works for the Xerox Corporation and runs his business out of his home and would he need some type of permit. Councilman Smalley asked if he had a business license and collected sales taxes, Mr. Helm answered that he did. There were customers that came to his home to pick up equipment from time to time and he went out and delivered equipment as well as sales contacts. Councilman Smalley stated that, as a teacher he could have a computer and phone and a small office and be fine, but if KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 3 he began tutoring and charged a fee he would need the permit. The Commission agreed that he would need a home occupation permit and should run through the Commission. Mr Helm stated that eh would be in to apply for it soon. 5. APPROVAL OF MINUTES of January 10, 1990 MOTION: Commissioner McComsey moved for approval of the minutes as submitted, seconded by Commissioner Glick VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Review in TSH Zone: Lots 13 & 14, Block 16, Kenai Original Townsite - Addition to Building -American Legion Club Post 20 The staff report explained that in order to protect the integrity of the ,~ zone and the potential of grant monies available, the review is necessary. The addition will be for storage purposes and the exterior of the addition will match the existing exterior. Mr. Jerry Foster stated that the addition will be 12' x 60'. There were several additions to the building over the recent years. All construction has been done by volunteers and donation money. Commissioner McComsey asked if the peaked roof would also be the same as the existing roof , answer yes. MOTION: Commissioner McComsey moved for approval of the addition to the American Legion Club building as meeting the criteria for the TSH zone, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote b Resolution PZ90-02• Approving FY 1990/91 Budget Planning Specialist Loper, Councilman Smalley, and the Commission discussed the budget at length. MOTION: Commissioner McComsey moved approval of PZ90-02 as submitted, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 4 8. PLANNING The Commissioner cancelled the work session scheduled for February 15th. It will be rescheduled after February 23rd. 9. REPORTS a. City Council a. Councilman Smalley reported on a presentation by the Cook Inlet Housing Authority which boils down to purchasing repossessed homes in the $75,000 to $80,000 area, then putting them out to the hands of Alaska Natives on a lease purchase option. It comes out to an $8,000 plus to the City. Council is interested and asked administration to work out an agreement to return. b. The ambulance fee was defeated. c. Dick Troeger spoke to the Council on the Comp Plan and amending the Land Use Plan. Also, money is available to apply for when costs are available. d. The public hearing on the boat ramp will be 2/7/90 and the Commission is encouraged to attend. e. The Council adjourned to Executive Session concerning .financial matters. f. Mr. Heinbuck spoke regarding a proposed fish pond being considered at the Foster Brothers location. Council was warm to the idea. Councilman Smalley and the Commission discussed the runoff from the lake down the easement. g. The Willow Street Extension was modified to extend out in a straight line and would cost almost double the proposed cost. Council vetoed the plan. h. The $440,000 for the expansion of the Senior Center dining room was voted down. Council asked administration to return with a cost estimate in the area of $250,000. b. Borough Planning a. Chairman Bryson reported three items which fell under the noxious, injurious, and hazardous ordinance for the Borough. b. Basin View S/D Park 4 was approved. c. City Administration a. Councilman Smalley handed out the new CIP brochures and mentioned that they had to be reprinted due to spelling errors. The Commission voiced concern over that suggested perhaps a different printer for the next printing. KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 5 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. INFORMATION ITEMS a. City Council Agenda - January 17, 1990 b. Borough Planning Agenda - January 22, 1990 No comments or questions 12. (~A~4ISSION COMMENTS & QUESTIONS Councilman Smalley asked for an opinion on the proposed Beaver Loop boat launch land acquisition price. Commissioner McComsey felt the City should move ahead with the purchase at that price. Councilman Smalley informed the Commission of the total price and proposed amenities. Commissioner Glick stated that he could have obtained the permits ten years ago but due to COE stipulations, did not pursue it. Councilman Smalley noted that permits within wetlands are getting tighter and the City might not even be able to get permits. Commissioner McComsey stated that we should go ahead and do it for that reason. As they get tighter it will only get harder to obtain and that $180,000 isn't going to mean anything, it will be cheap. If we don't continue with it and lose, we're not going to have anything in the. City. Councilman Smalley felt there were other possibilities that we're not even pursuing at this point in time. Commissioner Graveley felt that the City could take that same money and put it in some where else. For that much moa~ey I would tend to want to look around a bit. Commissioner McComsey stated that Oberts was available to $2.5 million for ten acres. Commissioner Harbaugh: I feel like I've been raped at $180,000 compared to $38,000. But I agree, if you don't do it now and it turns around and works .... Commissioner Graveley: In the same sense that I have this leery aspect in my mind, even though you have this clause in there about -- no permits no sale, that has a way of coming back and bite you. Councilman Smalley answered that the key to permit processing at the federal level is that you have to have ownership of the land to be able to start anything. We have to have something binding from the seller in order to get the feds to accept that. Mr. Cone is happy with that. I think it has a higher value than what it was appraised at because it was appraised as wetlands. Commissioner Graveley agreed. Councilman Smalley stated that the Council had no problem with the project. Every day we are losing money on that river to our sister city. We don't have any big access to the river. Commissioner McComsey felt that if there were other lands available that would be great, but because of time constraints and unknown price of other lands, this is probably the best way to go. The Commission agreed. ~. KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 6 13. ADJOURNMENT There being no further business, the meeting was adjourned at 8:28 P.M. Janet A. Loper Planning Specialist (transcribed from tape) KE NA = PLANN = NG ~ Z O N = NG COMM = S S = O N January 24, 1990 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman New Member Tim Harbaugh was sworn in by Mayor Williams 1. ROLL CALL Present: Bryson, Glick, Graveley, Harbaugh, McComsey Absent: Bannock, Brown (excused) 2. APPROVAL OF AGENDA Chairman Bryson asked to add an item concerning review of construction in the Townsite Historic Zone and that item 7-a be moved to 7-b as there were persons present to speak to the construction issue. MOTION: Commissioner McComsey moved approval of the amended agenda, seconded by Commissioner Glick VOTE: Motion passed by Unanimous Consent 3. PERSONS PRESENT SCHEDULED. TO BE HEARD Mayor Williams reported to the Commission on:several projects going, on within the City and their current status of each. The projects were:. the land & water grant for the viewing area, 2) the bird walk project, 3) the Congregate Housing, 4) new ball fields and a control center, and 5) the public hearing on the acquisition of land for the Beaver Loop boat launch. 4. PUBLIC HEARINGS a. Resolution PZ90-03: Application for Bed & Breakfast Establishment at 2820 Watergate Wav, VIP S/D - Helm This item was a discussion item at the last meeting, and it was the decision of the Commission at that time that it return as an application for abed and breakfast. Planning Specialist Loper informed the Commission that ].8 notices were sent out and as of today there. were no objections. There were several calls for questions, but no comments. Chairman Bryson called for public comments. Mr. Lamar Helm came forward and explained his plan. "I went out Saturday and talked to everyone that is living in a house close by and some people quite a distance away. It was a very good exercise for myself, I've never KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 2 met most of those neighbors. I told them what we planned on doing and no one had any objections at all. There were some comments such as why not use all of them, and I've been thinking about doing one myself, but no objections. Everyone wished us the best of luck." Mr. Helm passed out a sheet of paper with signatures of those persons he spoke to who do not object. Planning Specialist Loper: There were some questions that I couldn't answer and I will pass them along. 1) Do you have to be checked by DEC because you are handling food? Mr. Helm stated that he checked with the Bed & Breakfast organization in Anchorage and they said it was necessary. 2) Are you going to use a lease for the unit you are going to be using for the B&B? The person felt that it is very important that the person knows up front what the expiration date is going to be and when they need to move out. Mr. Helm answered that he hadn't thought of it but probably would. Mr. Helm stated that right now there is no problem with filling up rentals so sees no problem with this unit. To rent that unit back out after the fishing season I was considering giving it a real bargain rate because it will be inconvenient to'the person to have to move back out again. We're ordering all new furniture for it too. ~ MOTION: Commissioner McComsey moved for approval of PZ90-03, seconded by Commissioner Graveley Planning Specialist Loper: Because this is a 4-plex and because of your discussion at the last meeting, do you want to specify that only one unit will be used. Mr. Helm:. I thought I was restricted to six people. Planning Specialist Loper: I don't believe there was any discussion about the number of people. The code speaks to floor area as opposed to number of people. Chairman Bryson: The staff report refers to the one unit, however, that was not the applicants stated intent. Councilman Smalley: I believe that it was probably a number that has been discussed with other B&B's that include boats, so maybe that's where the number six came from. Planning Specialist Loper: That wouldn't hold true in this case because boats are not requested. Commissioner PicComsey stated that he would like to include in his motion that the business be restricted to one unit, seconding Commissioner Graveley consented. VOTE: Motion passed unanimously by roll call vote Mr. Helm stated that he works for the Xerox Corporation and runs his business out of his home and would he need some type of permit. Councilman Smalley asked if he had a business license and collected sales taxes, Mr. Helm answered that he did. There were customers that came to his home to ~ pick up equipment from time to time and he went out and delivered equipment as well as sales contacts. Councilman Smalley stated that, as a teacher he could have a computer and phone and a small office and be fine, but if KENAI PLANNING & ZONING COMMISSION January 24, 1990 Page 3 he began tutoring and charged a fee he would need the permit. The Commission agreed that he would need a home occupation permit and should run through the Commission. Mr Helm stated that ~Yf would be in to apply for it soon. 1n e. 5. APPROVAL OF MINUTES of January 10, 1990 MOTION: Commissioner McComsey moved for approval of the minutes as submitted, seconded by Commissioner Glick VOTE: Motion passed by Unanimous Consent 6. OLD BUSINESS None 7. NEW BUSINESS a. Review in TSH Zone: Lots 13 & 14, Block 16, Kenai Original Townsite - Addition to Building -American Legion Club Post 20 The staff report explained that in order to protect the integrity of the zone and the potential of grant monies available, the review is necessary. The addition will be for storage purposes and the exterior of the addition will match the existing exterior. 1Kr. Jerry Foster stated that the addition will be 12' x 60'. There were several additions to the building over the recent years. All construction has been done by volunteers and donation money. Commissioner McComsey asked if the peaked roof would also be the same as the existing roof, answer yes. MOTION: Commissioner McComsey moved for approval of the addition to the American Legion Club building as meeting the criteria for the TSH zone, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote b Resolution PZ90-02: Approving FY 1990/91 Budget Planning Specialist Loper, Councilman Smalley, and the Commission discussed the budget at length. MOTION: Commissioner McComsey moved approval of PZ90-02 as submitted, seconded by Commissioner Glick VOTE: Motion passed unanimously by roll call vote S. ..JAMES T. LANIER ATTORNEY AT LAW 1700 NORTH CHESTER AVENUE BAKERS FIELD, CALIFORNIA 93308-2596 (805) 399-3333 January 22, 1990 City of Kenai "OiI Capital of Alaska" 210 Fidalgo KENAI, ALASKA 99611 Attention: Janet A. Loper, PIanning Specialist Gentlemen: Today, January 22, 1990, I picked up a letter sent to me by Certified Mail from your fair city. The letter was postmarked January 16, 1990 and the first notice to me was in my Saturday evening mail on January 20th. The letter was notifying me of a public hearing to be held on January 17, 1990 in the City of Kenai, Alaska. ~ To be considered at this hearing was a Conditional Use Permit for a bed and breakfast establishment directly across from my residential lot on the shores of the Kenai River. I first visited Kenai in the late '70s and was very impressed with the lots along the Kenai River; and, I let it be known to a friend of mine who was a resident that I wanted to buy one of the lots if and when one ever came up for sale, because on my retirement, I want to build a nice home'on the banks of the Kenai River. On my last visit to Kenai, I found a trail going from Watergate Way across my property to the river. I didn't know then and don't know now who is making use of my lot. If I did, I would certainly stop it. A bed and breakfast place directly across from my lot, in the first place, is inconsistent with the residential purposes of that subdivision; and, secondly, invites a use of my lot and adjacent Iots inconsistent with the zoning and purposes for which those lots were purchased. The establishment of a bed and breakfast place across from my lot is not only detrimental to the use my .lot .is put to but also CITY OF KENAI -2- January 22, 1990 detrimental to the property values of every lot in the vicinity. Such a use also would create an additional burden on the roadways for that benefit of that one Iot being shared by alI of the Iots. TFIIS APPLICATION SIiOIIGD BE DENIED! If by any chance this matter was voted on as a result of what occurred on January 17th, I will strongly contest the validity of that vote, for I, as a property owner who would be directly affected by such a use, was denied a fair opportunity for a hearing. Enclosed for your examination is a copy of the face of the certified envelope; as you. can readily see, it was postmarked, as I said above, January L6, 1990; the notification of certified mail was left in my mailbox on Saturday (1/20/90), and I could not get to the Post Office to pick up the mail until today, January 22nd! Please Iet me hear from you. Very truly y urs, -~ ., A ES T. LANIER JTL:spp Encl .