Loading...
HomeMy WebLinkAbout1998-04-08 P&Z MinutesCITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS April 8,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: March 25,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ98-11 Variance Permit (Off Premise, Oversize Sign}--Tract A-2, Evergreen Tract A Resubdivision (approximately 12848 Kenai Spur Highway). Application submitted by Jerry Stock, 1614 Fourth Avenue, Kenai, Alaska. b. PZ98-16 Variance Permit (Oversize Sign~Tract 3-B-2, CIIAP Subdivision No. 5 (10640 Kenai Spur Highway). Application submitted by Restaurants Northwest (Burger King), 3841 West Dimond, Anchorage, Alaska. 7. NEW BUSINESS: a. PZ98-18-Amending KMC 14.20.230 to Require Permits for Home Occupations-Discussion 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. Ordinance No. 1779-98 b. Letter from Pastor Chris Hay dated 3/27/98 c. Memo from City Attorney Graves dated 3/24/98 d. Building Permit/Sign Permit Information e. Findings of Fact - Chumley £ Fair Housing Conference Information 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Approved CITY OF KENAI PLANNING AND ZONING COMMISSION April 8, 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, Phil Bryson, Ron Goecke, Barb Nord, Karen Mahurin, Michael Christian Members Absent: Teresa Werner-Quade Others Present: Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA ADDING AN INFORMATIONAL ITEM AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY MAHURIN. AGENDA WA3 APPROVED WITH THE ADDITION. 3. APPROVAL OF MINUTES: -March 25, 1998 CHRISTIAN MOVED TO APPROVE THE MINUTES OF MARCH 25, 1998. MOTION SECONDED BY GOECKE. Bryson stated the third paragraph on page 18 should read: "Bryson: Point of Order, this is essentially a postponing or tabling motion which is not debatable. MINUTE3 OF MARCH 25, 1998 WERE APPROVED WITH THE ABOVE NOTED CORRECTION. Planning & Zoning Commission April 8, 1998 Page 1 Approved 4. PERSONS SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: a. PZ98-11 Variance Permit (Off Premise, Oversize Sign) -Tract A-2, Evergreen Tract A Resubdivision (approximately 12848 Kenai Spur Highway). Application submitted by Jerry Stock, 1614 Fourth Avenue, Kenai, Alaska. GOECKE MOVED TO APPROVE PZ98-11. MOTION SECONDED BY CHRISTIAN. No public hearing. Staff had nothing additional but brought attention to the permission letter in the packet and the noted time limit. Mahurin reported she will vote against the variance as she has on several other similar requests. Mahurin pointed out she is getting very frustrated as the Commission is constantly being asked to change the ordinance. Mahurin suggests either the ordinance be changed or the Commission stop granting variances for larger signs. Mahurin continued, in all fairness it's not right to say one is okay and not another, traditionally she will vote no on these requests. Christian asked if the applicant was trying to sell four individual lots in the area. Kebschull confirmed that was correct and the lots are all off the highway. The City owns the land the applicant wants to place the sign on. Christian stated it appears that anyone with property for sale can ask for a variance to place a sign. Christian indicated he will vote against the request. Vote BRYSON Yes WERNER-QUADE Absent GOECKE Yes NORD Yes MAHURIN No CHRISTIAN No GLICK No Motion failed. Planning & Zoning Commission April 8, 1998 Page 2 Approved b. P298-16 Variance Permit (Oversize Sign) -Tract 3-B-2, CIIAP Subdivision No. 5 (10640 Kenai Spur Highway). Application submitted by Restaurants Northwest (Burger King), 3841 West Diamond, Anchorage, Alaska. CHRISTIAN MOVED TO APPROVE PZ98-16. MOTION SECONDED BY NORD. Public Hearia~ Erick Musser, Kenai, Alaska reported he attended the meeting to answer any questions the Commissioners may have. Bryson asked if the sign was already on site. Musser replied it was but it is not erected. Mahurin asked if there was any reason why the sign couldn't be smaller to meet the City code. Musser replied there isn't any reason but they don't have any control over it as the Buger King Corporation sets the sign parameters. Musser indicated they do have some options available to them but if the Commission wishes they can and would be willing to eliminate the "drive-thru" sign which is proposed to go under the Burger King sign. Christian pointed out the Commission is concerned about the sign but agreed there is a very nice building and the style is appreciated. Christian complimented Burger King on the nice facility and making it attractive from both sides. Scott Cunningham, Owner of McDonalds, Kenai, Alaska stated he wasn't trying to get into any kind of fight but he had a question regarding the notice he received which indicated there were special conditions. Cunningham indicated that he was not aware of any special conditions as that particular building is one that is more visible from the Spur Highway. Glick asked Cunningham if the McDonald sign was under a Conditional Use. Cunningham replied he wasn't here when it was erected so he did not know. Kebschull stated she has not seen a Conditional Use for that sign. Glick thought the sign was turned down at one time. Goecke Planning & Zoning Commission April 8, 1998 Page 3 stated they turned down the height of sign. Public hearing closed. Mahurin indicated that she had the same concern as with the previous issue. In this particular case she has a couple of other concerns. Although she appreciates Burger King being there she reminded the Commission that a variance request was turned down for MAPCO right across the street. Mahurin stated she will vote no and it is not to imply that she is not in support of the business, she cannot say yes to one applicant and no to another for the same thing. Glick asked staff if other variances were granted to other competing business such as Arby's or McDonalds. Kebschull replied she was not here when those businesses were built but she noted that the City Engineer made reference to the MAPCO denial. Nord suggested the issue be continued to the next meeting to give staff a chance to review past variance requests. Nord pointed out that Musser did offer to remove the drive-thru sign. That would eliminate 16 feet and it would put it very close to the variance given two weeks ago. The applicant is asking for 34 feet and 16 feet taken away from that would bring it down to 18 feet. Nord thought a variance was given for 14 feet. NORD MOVED TO CONTINUE P298-16 TO THE APRIL 22, 1998 MEETING AND ASKED STAFF TO INVESTIGATE FURTHER. MOTION FAILED DUE TO LACK OF SECOND. Vote GOECKE No MAHURIN No BRYSON No GLICK No Motion failed unanimously. NORD No CHRISTIAN No WERNER-QUADS Absent Glick informed Musser that he can appeal the decision to City Council. 7. NEW BUSINESS: Planning & Zoning Commission April 8, 1998 Page 4 a. PZ98-18 -Amending KMC 14.20.230 to Require Permits for Home Occupations -Discussion Nord stated that item (g) Telecommuting, the definition noted in the last sentence is of concern as there are many individuals who work in their own home without being connected to any central office or computer. Nord asked where this would leave the person not connected. Kebschull answered that staff had the same concern as it is not generally known that people operate from their home and it will be almost impossible to enforce. Mahurin asked why there was concern with home occupation permits and if it relates to the hearings held recently. Glick replied, the City Attorney, after reviewing the code, determined that permits for home occupations are not required for the City but people have been asked to come in and get one from the Planning and Zoning Commission. Several home occupation permits have been issued. Bryson indicated that he has a problem with the proposal. If someone just has to review the laws and ordinances to determine whether it's a reasonable use then Administration could do that a lot more efficiently and quicker than Planning and Zoning can. Bryson continued, there should be a record of the application for tax purposes, it should be noted there is a business being run out of a residence, and there has been an approved permit. The Planning and Zoning Commission could be notified by memorandum. Goecke believes the Planning and Zoning Commission should continue to approve the home occupation permits as these requests are publicized and neighbors are notified of the business. If Planning and Zoning doesn't approve the requests the neighbors are not given the public hearing opportunity. Christian agreed with Goecke as letters are not sent out for home occupations so neighbors are not given notification. The agenda is published in the paper so people are made aware of permit requests. Mahurin felt the applicants should go directly to Administration for a permit. Bryson stated that if an application is made and approved by Planning & Zoning Commission April 8, 1998 Page 5 Administration a system could be set up where the item appears as a Consent Agenda and is a part of the Planning and Zoning agenda. A 30- day protest period could be incorporated before actual approval is made. Bryson explained the Kenai Peninsula Borough and the Kenai City Council has a consent agenda section that is addressed in a motion. This ensures that it is public information. Kebschull explained the process used for home occupation permits. When a person calls the City to see if they need a permit, a list of questions are asked to determine the level of activity. Currently these individuals are told that if they satisfy the guidelines of the home occupation section of the Code they do not require a permit. They are also told that it is being reviewed and they may need to come back for a permit. Kebschull noted that if activity is increased or if a neighbor notices it and files a complaint then they would be required to obtain a conditional use permit. Bryson stated he had a problem with pushing this to a conditional use level due to the cost of advertising and the time involved. He would like to see this remain as a walk in, walk out situation and a record be maintained of what is being done. Goecke indicated that he concurred with Bryson that perhaps a Consent Agenda would be sufficient but he is not willing to give up the home occupation approval process at this time. Di ~cussion took place on the consent agenda suggestion and it was determined that staff would come back with another draft for the Commission to review. 8. OLD BUSINESS: -None 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council - No report b. Borough Planning: - No meeting held. Planning & Zoning Commission April 8, 1998 Page 6 c. Administration: Kebschull reported the Planning Commissioner Training information was included in the packet again and she needs to know by Friday if anyone wants to attend. A copy of the STIP, Year 2000 information is available if anyone is interested in reviewing it. Kebschull noted that the appeal regarding the Chumley decision will go before Council on April 15. The Fruichante's appeal will also be heard. 11. PERSONS PRESENT NOT SCHEDULED: Leo Oberts, Chinook Court, Kenai, Alaska attended the meeting to again inform the Commissioners that he is planning to subdivide his property. Oberts also expressed concern over several issues and thought the rights of property owners should be taken into more consideration. Oberts expressed concern with the road to the Pillars, it is difficult to see oncoming traffic on the Spur Highway in either direction. Mahurin thanked Oberts for attending the meeting and informed him his concerns are shared. The Pillars road is a problem. 12. INFORMATION ITEMS: a. Ordinance No. 1779-98 b. Letter from Pastor Chris Hay dated 3/27/98 c. Memo from City Attorney Graves dated 3/24/98 d. Building Permit /Sign Permit Information e. Findings of Fact - Chumley f. Fair Housing Conference Information 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Mahurin apologized for not being at the last meeting as she was traveling and her father took ill. He is now doing fine. Mahurin asked about the rationale for the Findings of Fact and why both sides, the prevailing and descending, did not sign the document. Mahurin noted that Werner-Quade did not sign the document. Planning & Zoning Commission April 8, 1998 Page 7 Bryson explained that the Borough requires Findings of Fact on all decisions at the Planning Commission level when that can be the final determination. If the issue wasn't protested then it becomes the record and that's where the Findings of Fact should be. Bryson indicated that he didn't consider this a deviation from normal practice. Mahurin pointed out that she was not inferring it did but she just wanted to know the rationale behind it. Mahurin again expressed concern with the lack of Werner-Quade's signature on the document. Mahurin added, the last Findings of Fact she saw both sides signed the document. Nord thought that both sides signing was normally the case. After a general discussion Kebschull stated she would pass the concern on to the attorney. Commissioner Nord expressed concern with the lack of assistance to Mr. Oberts and thought that perhaps the Commission could have referred him to the Kenai River Center. They may be able to help him with his problems. Commissioner Christian apologized for missing the last two meetings. He was traveling. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:10 P.M. Respectfully submitted, r . ,~ Barbara Roper, Co tr c Secretary Planning & Zoning Commission April 8, 1998 Page 8