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HomeMy WebLinkAbout1999-05-26 P&Z MinutesCITY OF KENAI '~ PLANNING & ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS May 26,1999 - 7:00 p.m. http://www.ci.kenai. ak.us 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Approval of Minutes: May 12,1999 d. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. SCHEDULED PUBLIC COMMENT: 3. CONSIDERATION OF PLATS: a. PZ99-15--Preliminary Plat--Shaginoff Subdivision, Add. No. 1, Lot 3A & 4A 4. PUBLIC HEARINGS: a. PZ99-14--Encroachment Permit--For the property described as Lot 6, Block 5, Inlet View Subdivision (312 Rogers Road), Kenai, Alaska. Application submitted by Dennis and Kelly Gifford, 312 Rogers Road, Kenai, Alaska. 5. NEW BUSINESS: a. PZ99-16--Landscape/Site Plan Review--Kenai Church of God (Dan Eagon)--Tract A, Carl F Ahlstrom Church of God Replat, 14143 Kenai Spur Highway. b. PZ99-17--Landscape/Site Plan Review--Mike Taurianinen, P.E. for Genuine Parts Company--Tract B-1, Kenai Spur Highway Lease Property, 10704 Kenai Spur Highway. c. PZ99-18--Landscape/Site Plan Review--John P. & Karin Gensel d.b.a. Creative Childcare--Lot 3, Block 4, Fidalgo Commercial Center--135 Bidarka Street. d. Lease Application--Lot 9, block 2, Cook Inlet Industrial Air Park 6. OLD BUSINESS: a. Ordinance No. 1818-99 & Ordinance No. 1817-99 (Administrative Exemptions for setback requirements.)--Scheduled for June 16`" Council meeting 7. CODE ENFORCEMENT: 8. REPORTS: a. City Council b. Borough Planning c. Administration 9. PERSONS PRESENT NOT SCHEDULED: ~\ Planning & Zoning Commission Page 2 1 Agenda May 26, 1999 10. INFORMATION ITEMS: a. Memo from City Clerk Freas dated 5/20/99 b. Appeal information regarding Beaver Loop Partnership Conditional -Use Permit c. KPB Plat Committee Action of May 10, 1999 -Beaver Creek Lookout d. KPB Notice regarding Windhaven Estates 11. COMMISSION COMMENTS & QUESTIONS: 12. ADJOURNMENT: CITY OF KENAI -~ PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS May 26, 1999 - 7:00 p.m. http: / /www.ci.kenai.ak.us 1. CALL TO ORDER Chairman Glick called the meeting to order at 7:00 p.m. a. Roll Call Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Donald Erwin, Robert Newbry Others Present: Councilman Duane Bannock, Administrative Assistant Marilyn Kebschull, Building Inspector Bob Springer, Contract Secretary Barb Roper b. Agenda Approval: GOECKE MOVED TO APPROVE THE AGENDA WHICH INCLUDES THE MEMO PROVIDED PRIOR TO THE MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY ERWIN. AGENDA WAS APPROVED AS PRESENTED. c. Approval of Minutes -May 12, 1999 ERWIN MOVED TO APPROVE THE MINUTES OF MAY 12, 1999 AND ASKED FOR UNANIMOUS CONSENT. GOECKE SECONDED THE MOTION. WITH NO OBJECTIONS NOTED THE MINUTES WERE APPROVED AS WRITTEN. d. Consent Agenda - No Consent Agenda items. 2. SCHEDULED PUBLIC COMMENT: None 3. CONSIDERATION OF PLATS: a. PZ99-15 -Preliminary Plat - Shaginoff Subdivision, Add. No. 1, Lot 3A and 4A GOECKE MOVED TO APPROVE PZ99-15. MOTION SECONDED BY NEWBRY. PLANNING & ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 1 Kebschull stated the vacation was previously reviewed by the Commission. Staff would like the record to show the City required the plat to verify there were no encroachments. The plat, as submitted, showed no distances from structures on the lot. Bryson asked if it was sufficient for the surveyor to state there were no encroachments in the side setbacks or was there a dimension requirement. Kebschull answered, the City doesn't require the dimensions be stated but the plat needed to verify it either by a note or by dimensions. VOTE BRYSON YES ERWIN YES GOECKE YES NORD YES NEWBRY YES GLICK YES MOTION PASSED UNANIMOUSLY. 4. PUBLIC HEARINGS: a. PZ99-14 -Encroachment Permit -For the property described as Lot 6, Block 5, Inlet View Subdivision (312 Rogers Road, Kenai, Alaska. Application submitted by Dennis and Kelly Gifford, 312 Rogers Road, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ99-14. MOTION SECONDED BY BRYSON. Glick opened the meeting for public hearing. No comments made, public hearing closed. Nord pointed out a 5 x 5 or 3 x 5 structure stuck out from the house which appeared to be a fireplace. Nord asked if the encroachment permit should be given from that point. Glick stated the note indicated it was a chimney chase and asked for confirmation from the Building Inspector. Springer confirmed it was just for the chimney and the code allows it as an architectural feature so it shouldn't be considered in with the other encroachment. Kebschull brought attention to the memo that was provided prior to the meeting and noted the ordinance required signs be visible from each improved street and it was unclear whether or not the sign posted met the requirement. Kebschull also pointed out 22 notices were sent out with no response or feedback from any of them. PLANNING & ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 2 Erwin stated he didn't think the sign, which was placed by the garage, met the intent of the ordinance as it appeared the sign would only be visible from the street if going in one direction. Bryson disagreed stating a person would have to go in and out on the same street so for all practical purposes the sign was visible. Bryson continued, the sign wasn't intended to be read from a vehicle and it appeared the sign was 30 to 35 feet from the street which would be in conformance. Goecke reminded the Commission he did not vote for posting signs in the beginning as he thought it was ludicrous and still did, however, he felt the sign was in conformance as it was posted as required by code. Nord stated she drove by the property on May 26, 1999 and did not see a sign posted. Gifford announced she took the sign down as she thought she fulfilled the posting requirement. Nord pointed out the photographs showed the sign was posted and since there was no objection from 22 neighbors she didn't have a problem with it. Newbry stated he did not have a problem with the location of the sign. Discussion began on the encroachment permit. Kebschull reported the variance previously received by the builder had been specific, asking for exactly what was needed. If the request had not been for the exact distance, this encroachment would not be an issue. The encroachment was for a couple of inches and it probably shouldn't even be before the Commission as a lot of time and expense had gone into it. Staff recommended approval. VOTE ERWIN YES GOECKE YES NORD YES NEWBRY YES BRYSON YES GLICK YES MOTION PASSED UNANIMOUSLY. Goecke asked if this was a situation where the builder didn't have knowledge of the code or was unaware the sheeting or siding would stick out further than the foundation. Springer responded by saying yes, it was possible and this was probably a twofold issue. The applicant probably should have asked for a larger variance in the first place. PLANNING 8s ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 3 Goecke agreed but pointed out that 95 out of 100 applicants for new construction go on information provided by the builder and asked if that would be a fair assumption. Springer agreed that it would. Goecke thought that Springer should inform the builder he should pay closer attention to the information he gives to his clients. Springer stated the owners had originally had a certain sized home in mind for the lot but it turned out the design was larger than what the lot allowed so they would have had to ask for a variance of a couple of feet on both sides. When they were made aware of the requirement they decided to downsize in order to build without the variance. Bryson asked if Springer interpreted the right side of the building as requiring 5 or 15 feet. Springer answered, at the time it was 15 feet but now it was 5 feet. 5. NEW BUSINESS: a. PZ99-16 -Landscape/Site Plan Review -Kenai Church of God (Dan Eagon) -Tract A, Carl F. Ahlstrom Church of God Replat, 14143 Kenai Spur Highway. ERWIN MOVED TO APPROVE PZ99-16. MOTION BY BRYSON. Kebschull stated staff had nothing additional but would like to note the applicant was required to submit the plan because the addition was valued over ten thousand dollars. voTE GOECKE YEs NEWBRY YES ERWIN YES NORD YES BRYSON YES GLICK YES MOTION PASSED UNANIMOUSLY. b. PZ99-17 -Landscape/Site Plan Review -Mike Taurianinen, P.E. for Genuine Parts Company -Tract B-1, Kenai Spur Highway Lease Property, 10704 Kenai Spur Highway. BRYSON MOVED TO APPROVE PZ99-17. GOECKE SECONDED THE MOTION. Kebschull stated staff felt the detailed site plan took in all the requirements of the zoning code. Kebschull pointed out three PLANNING & ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 4 large copies of the site plan were available for the Commission to review if necessary and Henry Knackstedt was also available to answer any questions. Glick asked for clarification because under the location for planting it stated some of the spruce trees would be trimmed for the sales agreement but the plat showed the trees would be removed. Knackstedt stated the trees would be removed as two were actually in the parking and one was so close and may fall over. Knackstedt continued, three trees would remain as indicated by the surveyor. VOTE NORD YES NEWBRY YES BRYSON YES ERWIN YES GOECKE YES GLICK YES MOTION PASSED UNANIMOUSLY. c. PZ99-18 -Landscape/Site Plan Review -John P. 8s Karin Gensel d.b.a. Creative Childcare -Lot 3, Block 4, Fidalgo Commercial Center - 135 Bidarka Street. BRYSON MOVED TO APPROVE PZ99-18. GOECKE SECONDED THE MOTION. Kebschull stated the plan was required because the addition was over $10,000. The lot was fully landscaped and there would be no additional landscaping. VOTE NEWBRY YES BRYSON YES ERWIN YES GOECKE YES NORD YES GLICK YES MOTION PASSED UNANIMOUSLY. d. Lease Application -Lot 9, Block 2, Cook Inlet Industrial Air Park. BRYSON MOVED TO APPROVE THE LEASE APPLICATION FOR LOT 9, BLOCK 2, COOK INLET INDUSTRIAL PARK. NEWBRT SECONDED THE MOTION. Kebschull noted the Code required the Planning Commission to review the lease application request. Kebschull pointed out the last paragraph in the comments section indicated the proposed PLANNING 8v ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 5 development in this lot, even though it was in a commercial zone and didn't require a building permit, would not require landscaping. Kebschull stated the Commission could recommend to Council that as a part of the lease they be required to do something similar to what they put on the lot next to them. Kebschull continued, the landscaping done on the other lot included planting grass along the road and placing planters. GOECKE MOVED TO AMEND THE MOTION TO INCLUDE LANDSCAPING. MOTION SECONDED BY NORD. VOTE (Amendment) BRYSON YES ERWIN YES GOECKE YES NORD YES NEWBRY YES GLICK YES AMENDED MOTION PASSED UNANIMOUSLY. VOTE (Main Amended Motion) ERWIN YES GOECKE YES NORD YES NEWBRY YES GLICK YES BRYSON YES MAIN AMENDED MOTION PASSED UNANIOUSLY. 6. OLD BUSINESS: a. Ordinance No. 1818-99 and Ordinance 1817-99 (Administrative Exemptions setback requirements) - Scheduled for June 16th Council meeting. Bannock stated he took the Planning Commission comments regarding the ordinances to the last Council meeting and Council agreed to bring both of them up for discussion at the June 16+~ meeting. At that time the ordinances would be in the form the Commission had approved and not the version turned down. Bannock indicated the Mayor had asked that Planning and Zoning Commissioners be at the June 16~ meeting. Glick announced he would be at the meeting and Erwin was to check his schedule. Bannock thought that if Council would hear from Planning and Zoning that they were comfortable with Administration making the kind of decisions the ordinance allowed them to make, Council may be willing to go with it. Bannock continued, there were fears of it being abused or the City being taken advantage of but he was confident the Administration would refer it back to Planning and Zoning if deemed necessary. Bannock stated for the record that PLANNING 8v ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 6 he will not, as a Council member, support the amended version as it was not what the original intent was. 7. CODE ENFORCEMENT: None 8. REPORTS a. City Council Councilman Bannock gave his report based on the May 19, 1999 City Council agenda. Bannock reported the most important issue at the Council meeting were Ordinances 1818-99 and 1817-99. The conditional use permit for Beaver Loop Partnership which was not approved by the Planning and Zoning Commission was appealed and Council set the Board of Adjustment hearing for June 16, 1999. b. Borough Planning Bryson reported the Borough Platting and Planning meetings were held on May 24, 1999. Of the nine plats presented, three were deemed routine and approved in one motion; one was withdrawn and rescheduled, and the others were approved. At the regular Planning meeting, Item 5, a, (3), was the Trading Bay State Game Refuge proposal to use hovercraft for tours. The item originally had considerable objection but by the time of the meeting those in opposition, most notably Tyonek village, changed their position and the item was approved for aone-year period. It will go back to the Coastal Zone review process after one year if there are any problems. Item E-1 was requested to be postponed one more time and will be voted on at the next meeting. The petitioner was informed. The public hearing items were all approved with the exception of Item 4. c. Administration Kebschull reported staff was continuing to receive several calls on code violations to include debris, junked vehicles, etc. Letters were being sent and a lot of those were being handled. The house on Phillips Way questioned by Commissioner Glick had been moved and was now within the guidelines. PLANNING & ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 7 Kebschull reported she and the City Engineer attended GIS training in Anchorage and it was anticipated the City's GIS would be online within a month. 9. PERSONS PRESENT NOT SCHEDULED: None 10. INFORMATION ITEMS: a. Zoning Bulleting (April 10 8a April 25, 1999) b. KPB Administrative Approval -Spruce Grove Murphy's Replat 11. COMMISSION COMMENTS 8s QUESTIONS: Commissioner Glick stated he heard Doyle's F~.iel had moved out to Wildwood Road and a new business had moved into the original location. Glick indicated the property was originally zoned residential but the fuel business was grandfathered in there. Glick asked if the new business was automatically grandfathered when it moved in. It was noted the new business would not be grandfathered. Bryson reported the property was an exception situation a few years ago but it had since been rezoned. 12. ADJOURNMENT GOECKE MOVED FOR ADJOURNMENT. MEETING ADJOURNED AT 7:35 P.M. Respectfully submitted, Barbara L. Roper, Co act Secretary PLANNING & ZONING COMMISSION MEETING MINUTES MAY 26, 1999 PAGE 8