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HomeMy WebLinkAbout1998-03-11 P&Z MinutesCITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS March 11,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: February 25,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. 98-07-Variance Permit (Oversize Sign with Internal Lighting~Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. b. PZ98-08-Variance Permit (Oversize Sign~Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. c. PZ98-09-Conditional Use Permit (Retail Business~Lot 8, Block H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. 7. NEW BUSINESS: a. Lease Application -Tract B, Gusty Subdivision #6 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 to 1997 b. Memo from Councilman Smalley dated 2/26/98 c. Planning Commissioner Training Information d. Chumley Appeal Decision 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Approved CITY OF KENAI PLANNING AND ZONING COMMISSION March 11, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Ron Goecke, Barb Nord, Karen Mahurin Members Absent: Phil Bryson, Teresa Werner-Quade, Michael Christian Others Present: Administrative Assistant Marilyn Kebschull, Councilman Hal Smalley, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -February 25, 1998 MAHURIN MOVED TO APPROVE THE MINUTES OF FEBRUARY 25, 1998. MOTION SECONDED BY GOECKE. MINUTES OF FEBRUARY 25, 1998 WERE APPROVED AS WRITTEN. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: a. 98-07 -Variance Permit (Oversize Sign with Internal Lighting) - Lot 1, Grace Brethren & Beck Property Replat, 406 McCollum Drive, Kenai, Alaska. Application submitted by Kenai Grace Brethren Church, Christopher A. Hay, Pastor, 406 McCollum Drive, Kenai, Alaska. Planning & Zoning Commission March 11, 1998 Page 1 Approved GOECKE MOVED TO APPROVE 98-07. MOTION WAS SECONDED BY NORD. Glick requested clarification on the sign code and asked if the frame was included in the size of the sign. Kebschull confirmed the frame is included. It was pointed out the sign would be a 40 sq. ft. Chris Hay, 1509 Randy Way, Kenai, Alaska spoke in favor of the variance and understood the difference in measurement. Hay reported the existing sign is approximately 15 years old, it looks dated and shabby, it's crooked, the legs are rotting, and is high maintenance. The new sign is not that much bigger than the old sign, it is configured differently and would be more vertical than horizontal. The new sign will be cleaner, crisper, more up to date and will give a better presentation of the church. Hay believed the new sign would be more attractive on the road side of Spur Highway and for the reasons mentioned, Hay is in favor of the variance. Mahurin asked if there was a reason why the sign had to be bigger than what the Ordinance called for. Hay replied, the sign is pre- manufactured and the next size is about 3 x 5, which is a lot smaller. The manufacturer does not make 4 x 8. Glick confirmed the sign is not custom made. Hay pointed out the face of the sign will be custom but the frame is standard sized. The manufacturer doesn't know what the code is here as it is being made out of State. Hay continued, if they could get a 4 x 8 sign they would to eliminate having to get a variance. Jeanne Espy, 403 McCollum Drive, Kenai, Alaska stated she received a notice from the City of Kenai about the sign application and, as a member of the neighborhood, was in attendance to speak in favor of the sign. Espy explained where she lived in relationship to the church. The church address is 406 McCollum and her address is 403, her driveway faces the church, directly across from McCollum Drive. Espy continued, she had a couple of reasons for being in favor, the church yard and building have always been well kept and maintained, adding to the attractiveness of the neighborhood. Last year fresh paint was added to the building and the new concrete added to the walkway. This shows the members of the church have the desire for upkeep and an attractive appearance. The sign would be in keeping with the already established Planning & Zoning Commission March 11, 1998 Page 2 Approved attractiveness the church offers to the neighborhood. Another reason is because Espy often uses the church as a landmark when giving people directions to her home and the sign would add to her ability to do that. Espy's last reason is that she has two children who attend Kenai Middle School and two who attend Kenai Central High School. Their safety in using the intersection at McCollum Drive and the Kenai Spur Highway, whether on foot or in a vehicle, is always of utmost concern and Espy did not believe the sign would hinder their safety when they use the intersection as they will still be very visible to traffic from all directions. Espy reiterated that she was in favor. Kathleen Beck, 9200 Kenai Spur Highway, Kenai, Alaska is in favor of the sign. Her home is directly beside the church facing the highway. The sign they have now is old, the legs are reinforced so it really needs to be replaced. Beck believes with the new sign, which is lighted, it will be better controlled so it won't fall over. There are children there, the bike path is there, and it would be a better safety feature here in Kenai. Glen McCollum, 3r., Kenai, Alaska is in favor of the sign. McCollum stated the first place he looks when he gets up in the morning is out the ~ window where he can see the old sign and he would just as soon see a nice, new, modern sign there. That is the one and only reason. Public Hearing was closed. Glick stated that ordinarily he would vote against a variance for signs as he had done in the past but last year the Commission did vote for a variance for a church a mile down the road from this one. In light of that Glick stated he would have to be in favor for this one. However, if it was a very large sign he couldn't be but for a few feet and the reasoning behind it, he will vote in favor. Mahurin asked for clarification on the objection which was on the back of the sign page included in the packet. Mahurin indicated that she could not read the name or what was written and asked if staff had the original to read from. Kebschull reported she did have the original and it appeared the objection was from Gerald Eidem of 331 Camelot Place, Anchorage, Alaska. Kebschull read the objection; "I totally object, do not approve, 1) I totally object, no signs need to be along the public highway; 2) the increased size matches the typical electronic computer controlled Planning & Zoning Commission March 11, 1998 Page 3 Approved message system Anchorage Baptist Temple tried to use in Anchorage and neighbors in force demanded said sign not be allowed, the variance was denied; 3) churches already have steeples, crosses and signs on their building, none is needed along highways." (End of objection) Glick asked for verification that the address was Anchorage. Kebschull replied, yes, but Eidem owns a lot across the Spur Highway from the church and it is Lot 6 (Kebschull pointed out the lot on the map she had on hand.) It was unknown whether the lot was vacant or had trailers on it. Mahurin pointed out the picture of the sign said it would be double- sided and internally lit. Mahurin asked Pastor Hay to describe what internally lit meant, is the whole sign lit up or just the lettering. Hay answered, the sign face is made of Lexan plastic, the color is maroon and the lettering will be white. Inside the sign cabinet will be flourescent tubes so the lettering and maroon color would shine more brightly from both sides. Nord stated that since there was just one objection and three neighbors favoring the variance, she would have no objection to passing it. Mahurin pointed out that she was having a problem with it and noted the Commission approved a variance for a church down the road but it was for a different situation. The sign had to come down because of road improvements and it was going right back where it was and was the same size. Glick reported the sign was new and larger. Mahurin continued, she has a problem with big and electric signs, particularly along the highway, but she is in a quandary because none of the neighbors seemed to object, so if the neighbors don't object that's the basis that you should approve it. However, Mahurin pointed out she was still mulling it over. Goecke indicated that he was going to vote in favor of the variance but when he first saw it he had a bit of a problem with them asking for a larger sign which some people object to, the neighbors in attendance did not object. Goecke pointed out that on the other end of this same subdivision the Commission has gone through two big, long, drawn-out meetings for somebody that wanted to commercially develop a couple lots. Goecke continued, up until he came and saw that there was Planning & Zoning Commission March 11, 1998 Page 4 Approved nobody in attendance to object to the variance, he was also in a quandary but he will vote for it. Mahurin shared Goecke's feelings and realized they were talking apples and oranges but were still talking a fruit basket because it is the same neighborhood. Additionally, the neighbors have been very clear to the Commission that there are rules and to abide by them and she supports that. However, part of her dilemma before coming to the meeting was knowing the history of the neighborhood and how the neighbors have fought to maintain the original zoning. Mahurin pointed out she does not like variances as she likes to go by the rules so she will feel safe in voting no because she knows there will be 3 that will vote yes. Mahurin wanted to go on record as voting no for those reasons and hoped that her concerns were understood. Goecke asked for an At Ease. Chairman Glick granted an At Ease at approximately 7:35 p.m. Meeting resumed at approximately 7:40 p.m. Glick pointed out an amendment was required as the application was for 35 feet and the actual size is 40 feet. GOECKE MOVED TO AMEND THE MOTION BECAUSE THE ACTUAL SIZE OF THE SIGN WITH THE FACE AND FRAME IS 40', THE REQUEST WAS FOR 35', THE MOTION SHOULD BE AMENDED TO APPROVE A 40' SIGN. MOTION WAS SECONDED BY NORD. VOTE (Amendment) BRYSON Absent GOECKE Yes MAHURIN Yes GLICK Yes WERNER-QUADE Absent NORD Yes CHRISTIAN Absent MAHURIN MOVED TO CONTINUE THE VARIANCE REQUEST TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY GOECKE. WERNER-QUADE Absent MAHURIN Yes CHRISTIAN Absent GLICK Yes NORD Yes GOECKE Yes BRYSON Absent Planning & Zoning Commission March 11, 1998 Page 5 Approved CONTINUANCE PASSED -the item will be discussed again at the March 25, 1998 meeting. Glick pointed out there should be a full Commission at that time. If there was one No vote now it would not pass as four votes are required. b. PZ98-08 -Variance Permit (Oversize Sign) -Lots 6, 7, 8, Block 3, Thompson Park Subdivision, 5455 Kenai Spur Highway, Kenai, Alaska. Application submitted by Spur Road One Stop, Reann D. Pitts, 5455 Kenai Spur Highway, Kenai, Alaska. NORD MOVED TO APPROVE PZ98-08. MOTION SECONDED BY GOECKE. Dan Pitts, 403 N. Willow, Kenai, Alaska was speaking for his wife, Reann Pitts, who requested the variance. After further figuring and downsizing of the sign, Mr. Pitts believed they could come within the Ordinance standards and requested the application for a variance be withdrawn. Pitts continue, their plans are to put in a Tesoro convenience store sign and remove all other free standing signage on top of the canopy and around the area. Kebschull informed Pitts that the Tesoro sign he thought was 32 sq. ft. is actually 48 sq. ft. so a variance is still required. The sign was measured by the City's building official. Kebschull referenced the drawing included with Pitts' application and stated when they decided to downsize one of the 8 x 8 signs to 3 x 8 and if the Tesoro sign was 32 sq. ft. that would have bought them to 152 sq. ft. which is below what is allowed but they would have to remove all the other signs. Kebschull continued, the total square footage is 168 which includes the 48 sq. ft. Tesoro sign, the two $ x 8 signs and the 3 x 8 sign. Pitts confirmed their plan to put the Tesoro shield sign on top, followed by the 8 x 8, the 4 x 8 andthe3x8. Pitts reported that he called American Sign and they told him the sign was 32 sq. ft. but apparently that is incorrect. Kebschull reiterated that the Building Official measured the sign. Planning & Zoning Commission March 11, 1998 Page 6 Approved Mahurin asked Pitts if the Commission was still being asked to approve the plan as submitted. Pitts replied, he would like to keep the other signs so would like to amend the variance and not withdraw it. The request is for 14 sq. ft. Mahurin asked for clarification on the wording included on the drawing attached to the application, is the word "Message" and not "Massage". Pitts confirmed the word is "Message". Nord requested that Pitts repeat the size of signs. Pitts answered, there will bean 8 x 8 reader, a 4 x 8 price sign, a 3 x 8 liquor sign, and the Tesoro shield which is 48 sq. ft. Glick asked if the request was downsized from the original 16 sq. ft. over to 14 feet over. Pitts confirmed that was correct. Nord asked staff about the 6 x 8 measurement of the Tesoro sign since square footage is cut off at the bottom and there is no frame around it. Kebschull replied, the sign is viewed as a rectangle and the trigonometry is not used to figure out the angles. The measurement is made from the highest point to the lowest point and side to side. Nord asked who makes the determination on how to measure a sign. Kebschull answered the building official makes that determination. Goecke stated he was going to ask the same question that Nord did and he guessed that the manufacturer of the sign has taken into account the arc on the bottom and removed that amount of square inches and that is where they came up with the 32 sq. ft. Goecke thought their interpretation differs from the building officials so the information Pitts got is probably correct. Glick indicated that the item needed to be amended. Mahurin stated considering the previous action she would recommend the same course of action for this situation. MAHURIN MOVED TO CONTINUE PZ98-08 TO THE MARCH 25, 1998 MEETING. MOTION SECONDED BY NORD. Planning & Zoning Commission March 11, 1998 Page 7 Approved VOTE (Continuance) NORD Yes GOECKE Yes BRYSON Absent GLICK Yes MAHURIN Yes CHRISTIAN Absent WERNER-QUADE Absent Glick stated that he hoped this action didn't inconvenience Pitts too much but there will be a full Board on March 25, 1998. Mahurin stated that in fairness to the applicant she would have voted No which would have killed the permit and she wanted Pitts to have the benefit of a fuller Board to have a more democratic process. c. PZ98-09 -Conditional Use Permit (Retail Business) -Lot 8, Boock H, Beaver Creek Alaska Subdivision, 5040 Beaver Loop Road, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ98-09. MOTION WAS SECONDED BY NORD. Vicki Fruichantie, P.O. Box 2266, Kenai, Alaska -the physical address is 5040 Beaver Loop Road, Kenai, Alaska. Fruichantie stated when one thinks of a retail business it is thought of as a store and basically inside the building they are requesting the permit for will be a store but the outside appearance it will resemble a shed. Fruichantie submitted photos and a drawing of the location to give a clear indication of what is planned and pointed out the siding and paint on the building will match that of the house. The appearance will still be of a rural residential area and it will not look like a store. Fruichantie stated the pictures were being submitted to show how it looks now and pointed out the fence along the left side. She indicated the fence is in disrepair and will be replaced as part of the work to go along with the business and the overall appearance. The fence will be chain link but will help the appearance. Fruichantie indicated the neighbors won't be able to see the new building. Tom Fruichantie, 5040 Beaver Loop Road, Kenai, Alaska stated they are wishing to start a business on Beaver Loop. It is not so much a full time business as a 9 to 5 business, it's going to be concentrated more in the atmosphere of a garage sale. Fruichantie stated he likes to go out Planning & Zoning Commission March 11, 1998 Page 8 Approved shopping garage sales to accumulate merchandise. The shop would be ran on weekends from 9 a.m. to 5 p.m. and possibly 10 a.m. to 4 p.m. on the weekdays. Fruichantie indicated that he is open to limitations to be put on the business. He reiterated they will construct and paint the building to match their house. The new fence would possibly be 10 feet high with the slotted chain link so it can't be seen through so the neighbors wouldn't have to visualize people coming in and out of the parking lot. Fruichantie also stated that he lived there for 8 years and there is other businesses operating off of Beaver Loop to include gravel quarries, pits, dirt, etc. All summer they had to deal with dump trucks and equipment up and down the highway and their business may result in some increased car traffic. The business will not be a major store or warehouse where a lot of traffic would be generated. Fruichantie stated his parking facility could actually hold 12 cars at one time. Fruichantie indicated there was some concern with the salmon stream behind his house. There is over 300 feet of staked property line and the building is only 24 x 48 but if a limitation needs to be put on to prevent them from expanding, Fruichantie stated he would be willing to do that. Mahurin asked if the maker of the motion wanted to include staff's recommendation or is approved as submitted. Goecke noted it was to approve as is. MAHURIN MOVED TO AMEND PZ98-09 TO REFLECT THAT ANY CHANGES OR MODIFICATIONS TO THE STATED PLAN MUST COME BACK TO THE PLANNING AND ZONING COMMISSION FOR REVIEW. Goecke stated that was already included in the main motion. Mahurin pointed out when she asked the question she was told it did not. T. Fruichantie stated they were definitely planning on a building permit to make sure it is suitable. Glick determined the Motion to amend was in order. MOTION WAS SECONDED BY GOECKE. Vote (Amendment) GOECKE Yes NORD Yes Planning & Zoning Commission March 11, 1998 Page 9 Approved MAHURIN Yes CHRISTIAN Absent BRYSON Absent WERNER-QUADE Absent GLICK Yes MOTION TO AMEND PZ98-09 PASSED UNANIMOUSLY. Vote (Main Motion) NORD No MAHURIN Yes CHRISTIAN Absent BRYSON Absent WERNER-QUADE Absent GOECKE Yes GLICK No MOTION FAILED. Kebschull pointed out the Fruichantie's had the right to appeal to City Council and it would need to be filed in writing. V. Fruichantie asked if they were allowed to know why there were No votes. Nord stated she did not have a problem explaining why she voted No. The zone is residential and there have been Conditional Use Permits granted in the past for that area for certain things or home occupation permits. What they are asking for is a Conditional Use Permit but it's more for a retail business than it would be for something that she sees in that particular area as ongoing, for instance, bed and breakfasts. Nord continued, she has been on the Commission since October of 1996 and have seen very little permits granted in residential areas for retail businesses and that is one of the reasons she voted No. Nord pointed out there were no neighbors at the meeting and didn't know why there weren't any complaints regarding it. Nord reiterated the Fruichantie's have the right to appeal. Kebschull indicated she will be sending the Fruichantie's the information regarding the appeal process. Verbatim Begins T. Fruichantie how do we go about finding the reason why we're denied and why people such as ah... well there's a paint shop I know that went into business, I don't know if they went about it legally but I know that Planning & Zoning Commission March 11, 1998 Page 10 ~} Approved there's a painting business being run in there. I know that... the dump trucks that I've had to put up with over the years, you know, I mean, you call this residential, at midnight Ike had to put up with for the last two summers, dump trucks racing up and down this road, from 6 a.m. to midnight. Glick, well if there's a paint shop back there it's probably not legal because I don't know of any that have ever gotten a license for a paint shop, so you have ah... T. Fruichantie: Triple A Auto Body, they~e got a listed phone number, they're located on Beaver Loop. There's a numerous businesses on Beaver Loop. You know, it's not there's two businesses, the Beaver House I realize has been there a long time, ah, by the next meeting I'll have a list of every business on Beaver Loop too. Glick: Okay but it's after the fact here, you will have to bring that up with your appeal to City Council. T. Fruichantie: Right, thank you. Verbatim Ends 7. NEW BUSINESS: a. Lease Application -Tract B, Gusty Subdivision #6 GOECKE MOVED TO RECOMMEND THE CITY ENTER INTO A LEASE ON TRACT B, GUSTY SUBDIVISION #6. MOTION SECONDED BY MAHURIN. Glick pointed out this is already being used for trailer storage and the lease is for ten years. The Commission would just be approving a new lease for the same thing it is being used for now. Vote MAHURIN Yes BRYSON Absent GOECKE Yes GLICK Yes CHRISTIAN Absent WERNER-QUADE Absent NORD Yes Planning & Zoning Commission March 11, 1998 Page 11 Approved MOTION PASSED UNANIMOUSLY. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: None 10. REPORTS: a. City Council: Councilman Smalley made the following report based on the agenda included in the meeting packet: Item B-1, Brad Shuh spoke to Council regarding the Kenai Market Maps (Smalley pointed out a map on the wall in Chambers). Shuh wanted to meet with the City to see how many properties the City wanted to pay to place on the rnap. Basically the motion was to approve one payment and he would work with the City Manager to get as many City buildings on the map. Generally it is one building for one fee but the City has come up with about 7 or 8 buildings they would like to see noted. Under Public Hearings, C-1 passed with one abstention. This is a piece of property the City determined was not needed for public use. It was noted the property is in Soldotna. Item C-4, bid to Kenai Chrysler fora 1/a Sport Utility Sport Vehicle was approved. The original budgeted amount was a suburban for $35,000 so this particular vehicle was a savings. Item C-5 was a grant. There are so many points that you could fall into a certain category and in this case the grant was called Disadvantaged Assistance Grant for drinking water. The amount is $300,000.00 and is a 50/50 matching grant and the City could use other existing monies left over for other projects to meet the 50% of the grant. There will be a light meal served at the work session scheduled for March 25, 1998. Council members have been asked to attend. The dip net fishery was discussed at the Council meeting and a public work session will be scheduled to discuss cost, etc. The State is working with the City to provide more enforcement and garbage bins. Planning & Zoning Commission March 11, 1998 Page 12 Approved Item 12-d in the packet is the decision from the Board of Adjustment appeal. This is also included on the City's web page. Nord asked about the drinking water grant. Smalley answered, it's a criteria and a category on a grant. It is not because there are a number of disadvantaged people and has very little if nothing to do with it at all. It just happens to be the title of the grant and the City qualifies by a certain number of something. Smalley reiterated, the grant had nothing to do with disadvantaged individuals. b. Borough Planning - No Report c. Administration: Kebschull reported that she will not be at the March 25, 1998 meeting but the City Engineer, Building Official and the City Attorney will attend. Council has been invited to attend. Item 12-a in the packet is some research done to provide the Commission with a list of all Conditional Use Permits issued from 1995 through 1997. Kebschull indicated that a database is being developed which will contain as much of the old records so such searches can be made when necessary. It is hoped to eventually be able to search by area, zone, etc. The City Attorney is finalizing his review of the home occupation permit. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Conditional Use Permits - 1995 - 1997 b. Memo from Councilman Smalley dated 2/26/98 c. Planning Commissioner Training Information - if anyone is interested in attending they are asked to contact Kebschull as soon as possible or before April 1. d. Chumley Appeal Decision 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Nord reported she was a little uncomfortable voting No on the last permit (PZ98-09). Nord stated she took a drive down there and that is a Planning & Zoning Commission March 11, 1998 Page 13 Approved very busy street. When she turned around she had to wait for about 2 minutes as 5 cars had passed. Nord stated she looked at the Fruichantie's lot and they don't have an awful lot of room between their house and their driveway for turning around. Nord continued, besides it being residential, there's several duplexes or four-plexes on one side with children and that is of concern. Nord added, she gets nervous when having to defend her position sometimes and it doesn't come out exactly coherent so this needs to be on record. Commissioner Goecke thought the Commission may have sent a wrong message with regard to that particular issue (PZ98-09). In the information provided by staff on Conditional Use Permits, two rural residential retail businesses were approved, one on 12/ 11 /96 and the other on 5/ 14/97. One was a retail greenhouse and the other a retail flower sales. There is another greenhouse within approximately 1/z mile from the Fruichantie's which has been there for about the same amount of time. It was noted that particular greenhouse was on native land. Goecke expressed concern that the Commission may not be following their own footsteps because the two included in the information provided are both in rural residential zones. They're not on Beaver Loop Road but they are rural residential and there were no objections from anybody. Goecke felt the Commission is failing to follow their own guidelines. Commissioner Mahurin reported that she will be flying in from Washington DC on March 25 and should arrive by 4:00 p.m. She is planning to be here on time for the 6:00 p.m. work session but asked for indulgence should she be late. Mahurin stated she understood that Mr. Chumley had applied for a Conditional Use Permit after he modified his proposal that went to City Council. Mahurin continued, she further understood that it is scheduled for hearing on March 25, 1998 and she was wondering if the Commission has any right to ask to have that scheduled at the next meeting in April rather than the March 25, 1998 meeting. Kebschull responded, the City had at least 2 individuals from the public contact them in that regard. Basically when an individual applies for anything through Planning and Zoning the date it is received is noted and they are scheduled for whatever meeting that fits into the guidelines. Once a meeting is scheduled, and this one has been scheduled, public hearing notices are mailed and the information is provided to the newspapers. The hearing needs to be held and the only way it couldn't be held is if there was no quorum then it would be continued to the next meeting. The other alternative is to begin the public hearing and ask that it be continued to Planning & Zoning Commission March 11, 1998 Page 14 Approved the next meeting. Kebschull pointed out meetings are not scheduled to the City's convenience but are scheduled according to guidelines. Smalley reported as a point of clarification the applicant that bought the appeal to the City did not change the permit. He wanted the City to make a modification change and Council elected not to so. There was no amended request. Glick noted his understanding is that Council looked at the original application and it was denied. Smalley confirmed that was correct. Glick asked then if the applicant was coming back with a modified application. Smalley confirmed that was also correct and pointed out there are comments from the City Attorney that speak to modifications. Mahurin indicated that she appreciated that because she had not read the appeal, she just knew that it had been denied as submitted and it was based on the original. Mahurin stated that she appreciated that Nord explained why she voted No, however, in this case even though the zoning is rural residential, it's always been commercial and there used to be a laundromat there. Mahurin continued, she hoped the applicants do appeal to City Council because this is one time that she would urge City Council to overturn the decision because as Mr. Goecke stated the reality is a little bit different here. Mahurin also stated she was comfortable in continuing the two signs because she would have voted No on both and that would have killed them and that's not fair process when -there are only 4 Commissioners. Goecke, for his own benefit, was hoping that one of the No votes would reconsider but if that were done that would only delay it until the next Planning and Zoning meeting. Goecke stated if it was voted down again it would make them go to Council following that. Perhaps it is just as well that it not be reconsidered. Smalley suggested that Planning and Zoning request that Administration check on Triple A Auto Body and other potential businesses in the Beaver Loop area. Kebschull reported that was noted and will be checked on. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:05 P.M. Planning & Zoning Commission March 11, 1998 Page 15 Respectfully submitted, Barbara Roper, n act Secretary Approved Planning & Zoning Commission March 11, 1998 Page 16