HomeMy WebLinkAbout1997-06-11 P&Z MinutesCITY OF KENAI
PLANNING AND ZONING COMMISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
June 11, 1997 - 7:00 p.m.
http://www. Kenai net/city
1. ROLL CALL:
2. APPROVAL OF AGENDA:
3. APPROVAL OF MINUTES: May 28, 1997
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
8. PZ97-24-Conditional Use Permit-Coffee House-Lot 39A, Dolchok Subdivision, 604 Peterson Way,
Kenai, Alaska
b. PZ97-25-Variance Permit-Principle Structures-Lot 1, Block H, Woodland Subdivision, Part 1, 104 Beech
Avenue, Kenai, Alaska
C. PZ97-27-A resolution amending the Kenai Municipal Code Title 14.20 Kenai Zoning Code, Land Use Table
with Footnotes
7. NEW BUSINESS:
a. PZ97-26-Home Occupation Permit-Art Instructor-Barbara Hultberg, Lot 28, Block 3, Redoubt Terrace
Subdivision, 1618 Fathom Drive, Kenai, Alaska
8. OLD BUSINESS:
a. PZ97-23-Landscape Site Plan Review-Economic Development Center, Mile 14.5 Kenai Spur Highway
(Tract C, Radar Subdivision, Replat No. 11-Postponed from May 28, 1997 meeting.
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
1 1. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. City of Kenai Ordinance No. 1743-97
b. City of Kenai Ordinance No. 1744-97
C. City of Kenai Ordinance No. 1745-97
d. Mission Street Improvement Public Meeting Notice
e. Kenai River Special Management Area Advisory Board Minutes 14/17/97)
f. KPB Administrative Approval-Anglers's Acres Lowe Addition
g. Letter from Clerk Freas dated 5/22/97
13. COMMISSION COMMENTS & QUESTIONS:
'I 4. ADJOURNMENT:
Agenda Juna 11.doc
CITY OF KENAI
PLANNING AND ZONING COMMISSION
June 11, 1997
**MINUTES**
1. ROLL CALL:
Members present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Barb Nord,
Karen Mahurin, Michael Christian
Members absent: Ron Goecke
Others present: Councilman Hal Smalley, City Engineer Jack La Shot,
Administrative Assistant Marilyn Kebschull
2. APPROVAL OF AGENDA:
NORD MOVED TO APPROVE AGENDA. MOTION SECONDED BY CHRISTIAN. GLICK
ASKED IF ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. AGENDA
APPROVED BY UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES: May 28, 1997
WERNER-QUADE MOVED TO APPROVE MINUTES OF MAY 28, 1997. MOTION
SECONDED BY MAHURIN. GLICK ASKED FOR ANY CORRECTIONS TO THE
MINUTES.
Bryson noted under item 13, Commission Comments-The sentence reads "Bryson
noted action the borough took was contingent upon rezoning..." Bryson commented it
would be clearer if it said, "Bryson noted he had stated that the action that the borough
took was contingent on the rezoning. However, it was contingent upon vacation of the
easement."
GLICK ASKED IF ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED.
MINUTES APPROVED BY UNANIMOUS CONSENT.
4. PERSONS PRESENT SCHEDULED TO BE HEARD:
5. CONSIDERATION OF PLATS:
6. PUBLIC HEARINGS:
_ ) a. PZ97-24-Conditional Use Permit-Coffee House-Lot 39A, Dolchok
Subdivision, 604 Peterson Way, Kenai, Alaska
Minutes June 11.doc
Planning and Zoning Commission
Minutes
Page 2
June 1 1, 1997
MAHURIN MOVED TO APPROVE PZ97-24. MOTION SECONDED BY WERNER-
QUADE.
PUBLIC HEARING OPENED.
DOROTHY GRAY, 193 TRUMPETER AVENUE IN SOLDOTNA. GRAY ADVISED SHE
WAS SPEAKING ON BEHALF OF RUSSIAN ORTHODOX CHURCH AS IT'S SECRETARY
AND AS CHAIRPERSON OF THE TSH BOARD.
Gray advised she had provided a handout noting the four major objections that she will
be presenting concerning the CUP for Lot 39A in Dolchok Subdivision.
The first objection has been generated from the church itself. The Holy Assumption
Russian Orthodox Church voted unanimously to object to the proposed conditional use
permit for following reasons: Gray noted she would be referring to the map (which she
had hung up) which is the actual site plan done by Taurianian for the repaving of the
Mission Street project which shows all the lots and the proposed site of the proposed
permit. (Gray directed Commission to map showing the location of the church, etc.)
Gray stated she was showing this map to give the Commission an idea of how the
decision they make will effect the area. Gray noted the proposed CUP is directly next
to the chapel. Gray stated the chapel is the sacred burial site of the first priest that
came to Kenai, Father Nikolai. Gray advised that Father Nikolai among his other
famous contributions was the man who brought the smallpox vaccine to the Kenai
Peninsula after the first smallpox epidemic wiped out half of the population. Gray
stated he and his helper, Ivanoff, traveled the entire peninsula on foot to vaccinate
people. This took over two years to distribute. Gray stated the chapel was built over
his grave as a commemorative burial site. It is also the site of the very first Christian
Church on the Kenai Peninsula. Gray stated the Holy Assumption Church voted
unanimously to object to this as an improper use of the area adjacent to the chapel
honoring this man.
Gray stated the second objection is historical. Gray stated as chairperson of the
Historical Board she drew attention to page four of handout. Gray stated she believes
part of the discussion centers around the procedure in obtaining a CUP in the area.
Gray stated she would like to point out that this residence in 1991 was the exact site
of an establishment that raised so much concern not only in Kenai but in the entire
state that Mayor Williams decided to propose a task force to study. the historical area of
this National Historic Landmark. Gray stated that from that task for, the ordinance that
is part of the City of Kenai Zoning Code was put into law. Gray stated, the Historical
Board process, due to a glitch, as the result of the filing of this application failed to
include the Historic Board review in this process. Gray stated she would ask the
Commission to consider that as part of the decision. Gray stated if you look at the
flow chart on page 4, you will notice that application for development in TSH zone is
received first by the TSH Board and then proposed to the Planning and Zoning
Commission. Gray stated the TSH Board was established as a review board. Gray
stated it has no other function but to commit information to the P&Z Commission for
Planning and Zoning Commission
Minutes
Page 3
June 1 1, 1997
consideration of things that happen in this area. Gray stated that that part of
procedure was bypassed in the application for this CUP.
Gray continued, following the TSH staff/board review, then it is passed on to the P&Z
Commission. Gray stated it is your decision to make a final recommendation for what
happens in this area. Gray reiterated there has been no Historic Board review to date.
Gray stated she has spoken to the City Manager. Gray advised she met with him
personally last week and he is talking to the city attorney about the process by which
this procedure was bypassed and how that happened and what can be done to rectify
the situation.
Gray stated she would like to mention again that this property is the property that was
responsible for the creation of the entire TSH zone. Gray noted about half of the
people in attendance were here in 1991 and remember the publicity that was generated
from this commercial enterprise that was on this exact piece of property. And, the
negative publicity that was also generated, not just in Kenai, but throughout the state
where people came out to support the integrity of keeping this historic landmark and
not having it's integrity challenged by commercial businesses.
Gray stated that they know this is a National Historic Landmark in Kenai. Gray stated
that what they may not know is that there are less than 25 landmarks in the state in
south-central Alaska there are only 7. Gray stated the closest is Kodiak Island.
Gray asked the Commission to take this into consideration when making the decision.
Think of the economic and historic implication that this raises when making a decision
about putting a commercial business next to a National Historic Landmark and possibly
jeopardizing it's status as a landmark in the State of Alaska.
Gray stated her third historical objection is that this particular residence has violated
Section 14.20.105 b 8 of the City of Kenai Townsite Historic Zoning District in that, a
quotation directly from the zoning code, "The board has the responsibility, direction by
law to review all building permit applications as well as all exterior architectural
alterations and demolitions within the zone." Gray stated the owners of the property in
question have added on an extension to the building and perhaps through the
recommendations had they gone through the review of the TSH Board might have
reconsidered that. Gray stated because in doing so, they have jeopardized any chance
of that building being on the National Historic Register. Gray stated it must be a
building that is intact historically as it was originally.
Gray noted this cabin is one of few remaining residents in Kenai that demonstrates
themes of both the early community building era and the Kenai subsistence era. That
was put out in the Historic District Survey Report. Gray stated the surveyors of this
report further recommended that the city purchase property to house visiting artists and
to keep it a historical home, a historical residence.
Planning and Zoning Commission
Minutes
Page 4
June 1 1, 1997
Gray stated on the second page, she listed her third objection. Gray stated this directly
relates to economic ties to the city. Gray stated they know from statistics of the
Visitor's Center that over 50,000 tourists visit Kenai each year. Gray stated it is a
documented fact by the Alaskan Tourism Council that visitors come to view authentic
history. Gray stated they come to view history the way it was and as originally tended.
Gray commented that in the TSH zone there is not many buildings left, many removed
or torn down. When the ordinance was put into effect, it was with the understanding
that it would preserve the historical integrity of what was left in that area. Gray asked
that they keep this in mind when making their decision. Gray stated the National
Historic Landmark in Kenai is one of the major reasons tourists come to Kenai and to
view it as it might have existed 100 or 150 years ago.
Gray stated her fourth and final objection is perhaps most closely tied to their job as a
Commission, that is a legal objection. Gray stated they would have to ask themselves
the question, first were the proper procedures followed in having the CUP brought to
the Commission tonight. Gray stated she included in the handout the zoning code that
specifically applies to the TSH zone outlining the flow chart in which the Board reviews
and sends it's recommendations to P&Z. Gray stated she could tell them as the
chairperson of that board they have not done that. Gray stated they have not been a
part of that process. Gray added that she was on the task force and on the board
since it's inception. Gray stated she knows the ordinance. Gray stated that she felt
that as their first decision they need to decide if the proper procedures have been
followed. Gray stated if they haven't, they need to go back and follow the guidelines
of the law. Gray stated that this is what you, as commissioners, have vowed to do.
Gray stated they have taken that under their jurisdiction, to follow the guidelines of the
law.
Gray advised that if they decide that the procedures were followed and you do decide
to make a recommendation, the recommendation need to look at exact uses that are
applied in the CUP. Gray stated they must be similar to present principle uses
permitted in the zone. Gray stated that right now in that zone, if you go to the chart in
the back of the zoning code, the only permitted uses in the TSH zone are one family
dwellings, two family dwellings, professional offices, charitable institutions, churches,
libraries, museums, parks and recreation.
Gray stated the second you have to follow is that such uses must be in harmony with
the intent of the zone. Gray stated she contends that the TSH Board has not been a
part of this process to give such recommendations.
Gray stated that thirdly the benefits to the city in terms of economic develop must
outweigh any adverse effects on adjoining properties. Gray stated that as she
understands the CUP, those are the three items that much receive attention tonight if
they choose to proceed.
Gray stated her second objection under the legal part is the parking issue. Gray stated
that on the sketch that was presented with the application, Gray stated she would
Planning and Zoning Commission Page 5
Minutes June 1 1, 1997
suggest two things. One, this does not show the property lines. Gray stated if you
check the map, Dolchok residence begins and continues past here and the chapel.
(Note, Gray was pointing to map on wall.) Gray stated this section of the land, until
this year, was all private church property. Gray stated there was actually no driveway
to this residence other-than the little stretch of land where the orange particle is. Gray
continued, with new road configuration, all of this in front of the residence, with the
exception of one tiny space in which they are allowed to access their house, is all
designated for parking spaces for the chapel. Gray stated that on the sketch presented
as part of the permit, does not show the property lines. Gray stated she put orange
spot that might fall into the required space allotment for parking spaces. Gray stated
this would be right in front of the residence. Gray stated the problem that will exist is
there is a six inch gutter and curb that will be here, in the blue area. The proposed
parking area for this business would be in direct conflict for the proposed parking area
by the city. Gray stated that the church has entered into legal agreement with the city
for chapel parking only. Gray stated that in order for the business to park here, in the
orange space, they would have to block anyone parking for the chapel. They would
have to drive over a curb to get into these parking places to park for the business.
Gray stated she felt this an important concern to deal with tonight in terms of following
the requirements for the required parking spaces.
Gray stated her last legal objection has to do with the adjacent property owners. Gray
again drew attention to the map. Gray stated the Russian Church owns approximately
15 acres surrounding the area, with the exception of these two pieces. Gray stated
she knows that in the code it does not speak to the fact that property owners have any
right in saying what can be used in a conditional use permit in the city of Kenai. Gray
stated in some cities property owners do have that right and if 50 percent or more
object to it, the permit is turned down. Gray stated that is not the way it is in Kenai.
Gray stated that regardless, she would like to point out that in this red area, the
Church, Fort Kenay, the cemetery property, and the Wilson residence, Gray stated she
would say they have told her in person as well as the owner of day care center, that
they object. They could not be here tonight to formally object. Gray stated that all the
red area, is part of the church property and as a result of a church council vote has
objected to this property being used as a commercial business.
Gray stated that in closing, she would suggest three recommendations. One, Gray
stated she believes it important, the most crucial factor to decide if the proper
procedure been followed. Has the TSH Board been allowed to present a review. If not,
Gray stated she thinks they need to step back and follow the correct procedure and
allow that. Gray stated that is why the TSH zone was adopted by law into the City of
Kenai Zoning Code.
Gray stated that secondly, if they chose not to do that, Gray stated she believes they
need surveyors site plan showing property lines and the required parking spaces with
exits that will not come into conflict with the parking on the Mission Street
Improvement Project.
Planning and Zoning Commission
Minutes
Page 6
June 1 1, 1997
Gray stated the last recommendation is that she believes there are landscaping
requirements as required by the city as required by the code 14.25 in regards to
commercial enterprises. Gray stated she did not see on the conditional use application.
Gray stated she feels the decision they make tonight is extremely. important. Gray
stated that for those who were here in 1991 and remember the critical nature of what
happened on this specific piece of property, take into the consideration the effect of
your decision on the status of the national historic landmark and it's effect on the
economic conditions of the City of Kenai.
MARY ANN ALFANO-Alfano stated she is the owner of the coffee house in question.
Alfano stated that the issue that was brought up three or four times by Dorothy as far
as what happened in 1991, noted she had read the newspaper articles about that,
stated she has no intent to open a place such as Steve Paloza did before, such as
bringing in animals and things. Alfano stated she has something in mind that would be
totally in harmony with the area. Alfano advised she has lived in the house for three
years noting she rents it from Michael Carpenter. Alfano stated that Carpenter has
talked to her about opening a coffee house there since she moved in. Alfano stated
she came up to write and has spent three years in the house writing. Alfano stated she
kept thinking the area is so wasted. Alfano stated there are tourist who come in and
look at the chapel and walk away. There is no place for them to sit down. Alfano
stated her intent was to open a nice place with serious gallery showings and serve
coffee, pastries and that was it. Alfano stated she was willing to work with the church
as far as even closing on Sunday and not having loud music. Alfano stated her
neighbor at the time, Becky Trombley, had said she had no qualms about Alfano
opening the shop even until recently, like the other day. Alfano continued stated, she
called when she got the registered letter saying she hoped they were not giving her a
problem about this because she (Trombley) didn't have any objections. Alfano added
that she didn't expect that from Trombley.
Alfano stated that as far as going through the proper historical protocol, which I
apparently wasn't aware. Alfano stated she is new to the community noting that on
August 18th she will have lived here for three years. Alfano stated she wasn't aware of
the protocol.
Alfano advised that as far as the architectural changes, what was changed is
impermanent, something that can be moved in a day. Alfano stated it is not any
structural changes so far. Alfano commented that she felt it too bad that her landlord,
Michael Carpenter, wasn't present noting he doesn't want to be a part of the historical
association. Alfano stated he had told her felt very strongly that he doesn't want to be
apart of it if he cannot operate a business out of that house. Alfano stated he was
~ very adamant but added that she wouldn't speak for him but would wait until he comes
into town.
Planning and Zoning Commission
Minutes
Page 7
June 1 1, 1997
Alfano stated she wanted to clarify that she had no intention of having a horrible mob
or loud music. Alfano stated he was thinking maybe of having a folk guitar player,
thinking in terms of the locals and having a nice gathering place. A place that would
add to the community. Alfano noted that if you go to a place like Jacksonhole,
Wyoming with 5000 residents and 10 coffee houses and they seem to do pretty well.
Alfano stated that the historical structures serve that kind of thing well. Alfano
commented she felt they were lacking in Kenai because there isn't a coffee house,
poetry readings, and that kind of thing. Alfano stated that was her intent.
Alfano stated that as far as not following protocol stated she didn't now the ropes.
Alfano stated this is a rush thing. Alfano stated she has been trying to do this in the
last three months but to do it well as serving a good product and have it top notch.
JIM ARNESS, Box 1061, Kenai--Arness stated he owns a parcel of property close to
this property. Arness stated he thinks there are two basic problems that need to be
addressed. One, as best I understand, is that Ms. Alfano has been lead to believe that
her Conditional Use Permit would allow her to proceed with her enterprise. That there
was no need for a building permit, no need to go through the Historical Commission
and therefore she has proceeded in good faith. Arness asked what you do about that,
assuming that is true adding he believes it is. Arness stated he knows from experience
there is frustration within the business community when you start through a process
and then the rules seem to change or there is objection made to what you do.
Arness stated his second concern, which is broader and one that will not be dealt with
on this specific issue. Arness stated it would be his recommendation that Ordinance
14.20, whatever the rest of it is, that relates to the TSH Board section of the
community be eliminated from the code. Arness stated he was involved when it was
enacted adding it hasn't been followed in a single issue since it was enacted. Arness
offered two specific examples, one a building that Mr. Vozar built. Arness stated that
apparently the building permit was issued prior to the ordinance but what he built was
not what he requested in his permit. He built a building about 50 percent larger.
Arness stated that as best he knows nothing happened. Arness continued, the other
one that bothers me more than anything is a project that believe is just started and not
yet completed. Arness states that it involves Kenai Avenue at the mouth of the river
where this last winter the City of Kenai brought in a group of cement piling and lined
the road with piling to block traffic going to the sand dunes for whatever their purpose.
Arness stated he understands there is intent to add to that project to expand public
parking at the mouth of the river. Arness stated the point is that the concept of 14.20
has been circumvented. In this case, the city council took it upon itself to do whatever
it felt like doing without going through it's own process or following it's own
procedures. Arness stated he is sure that the reaction coming back from the council is
that we don't have to go through these procedures because if these groups advise they
don't want this done, the council can overrule it anyway. Arness stated his point is
that this ordinance is something that was created to look good. It is on the books so
the City of Kenai can say we have this area and we are doing these wonderful things.
But it is meaningless and not followed. Arness stated the concept of the conditional
Planning and Zoning Commission
Minutes
Page 8
June 1 1, 1997
use permit circumvents the ordinance. Or at least the interpretation of the conditional
use permit circumvents the ordinance. The ordinance again is bypassed. Arness stated
that personally he doesn't care whether Miss Alfano operates her coffee shop. Arness
noted he is not adjacent showing a small strip of property that separates the two
pieces. Arness stated that is free enterprise however added he objects to the arbitrary
way that the rules are administered. Arness stated he doesn't like the approach where
someone tries to do something in good faith and where somewhere along the process
they get blind sighted. Arness asked where do we go from here. Arness stated he is
not saying that ignorance is acceptable and justifiable to allow anything to occur.
Arness stated that is not his point. Arness stated he believes that what has been done
has been done to this point with the approval of the administration. So, that leaves
you with a dilemma. If you backtrack and say you can't do it, is there a problem here.
The lack of the permitting process. As an example, Arness stated, the rectory at the
church is going to be renovated within the next 12 months. Arness stated that nothing
will be changed except put a foundation under it and renovate the building. Arness
commented it is a significant project noting it is the oldest building on the Kenai
Peninsula. Arness stated that if it works and the building doesn't fall apart when
moved, so that the foundation can be built and then be put back on the building, it will
last for another 100 years. Arness stated in this particular situation when the building
inspector was approached at the city his response was is you can do that but you have
to buy a building permit. Okay, it's S 1000. Arness asked why that has to happen
when the additions and alterations to Dolchok property don't require that same
permitting. Arness stated the difference is one is a conditional use and the other a
permit, I guess. Arness stated his point is to let her do what she wants adding he
doesn't care. Arness stated he thinks the city needs to do some housekeeping. Arness
stated his recommendation is, adding he spent considerable time writing the ordinance,
is that it be eliminated. Arness stated it has never been followed adding he doesn't
think it ever will be. It is a facade, something there to make things look good but it is
meaningless.
PUBLIC HEARING CLOSED.
Mahurin advised she has a lot of things to say. Mahurin stated that first she doesn't
think she would ever agree to take TSH requirements out of the code. Mahurin stated
she believes in it and believes that the process has been circumvented. Mahurin stated
she is proud that since she has been on P&Z that everything dealing with TSH has been
through TSH first. Mahurin stated the question about dunes noted there was a major
work session between all of the city's commission and city council. Mahurin stated
she was involved in that part of it. Mahurin noted that this is a different issue but
wanted to say there was an opportunity for meetings. Mahurin stated she would make
a motion to sent this back to TSH for their review because she does believe in it.
Mahurin stated she supports concept of the coffee house adding her feelings go way
~ back when it was a coffee house. Mahurin stated he had had a conversation with the
Priest at that time and regarding his oppositions, he had not been there, he had not
checked it out. Mahurin stated she spent time there and her daughter and friends
spent time there. Mahurin stated she felt it was a perfect use for that area. Mahurin
Planning and Zoning Commission Page 9
Minutes June 1 1, 1997
'l stated that tourists walk there and they do need a quiet, reflective place. Mahurin
stated it was used by the locals in the evening for gatherings and was a good positive
thing for our youth. Mahurin stated that unless there are significant other problems,
she would support this when it comes back to Planning and Zoning. Mahurin stated
that at this point it is privately owned but if the city owned it and they could do
something different, that is a different issue. Mahurin stated she thinks it is in harmony
with the area. Mahurin stated she feels badly that the church opposes it and think they
should work in concert adding she would hate to see a fight over parking. Mahurin
stated that maybe when it comes back for review, they can have input from the City of
Kenai that can be taken into consideration. Mahurin stated that when the Commission
is through with the discussion she would like to make a motion to postpone action until
it goes through the TSH Board.
Glick asked if that was a motion. Mahurin stated she would prefer to wait until after
the discussion. Glick for the record he needed to mention the letter received tonight
from the owner of the building, Michael Carpenter, who is in support of the coffee
shop.
Christian asked staff what the issues are regarding parking and the property line and
asked if they were presented accurately. La Shot stated the sketch submitted is not
clear enough to determine whether there is an area available on site for parking. La
Shot stated it would be the city's recommendation that parking be provided. La Shot
stated the issue about procedures being circumvented, it is the opinion of the
administration including the city attorney that procedures were followed and that
conditional uses don't need to be reviewed by the TSH Board.
Christian asked about the issue of sewer and water and if it was a problem. La Shot
stated the upcoming Mission Street project intends to extend city water to that area
and that would be available to that residence. Christian clarified that currently they
have their own well.
La Shot stated there was an alteration made that was looked at by the building official
which did not require a building permit. La Shot stated he believed it was a clear wind
screen that did not require a building permit.
Bryson asked if there were any restrictive aspects of the parking that is being provided
for the public or church use for visiting the church. La Shot stated he believe there is
parking being provided in the Mission Street project in that area adding he doesn't
know if it will be possible to control if people are using the parking area to go to this
business. La Shot stated that parking is provided for anyone who needs to use the
area. Administration would recommend available off street parking on private property.
Bryson asked if the ear that sticks out on Mission Street will become public property.
La Shot stated he believes it will be or has been dedicated.
MAHURIN MOVED TO POSTPONE ACTION UNTIL IT HAS GONE THROUGH THE TSH
REVIEW PROCESS AND COMES BACK TO US AND THAT THE QUESTION OF
Planning and Zoning Commission Page 10
Minutes June 1 1, 1997
j PARKING BE ADDRESSED AND THAT LANDSCAPING ALSO BE ADDRESSED BY THE
APPLICANT. CHRISTIAN SECONDED THE MOTION.
La Shot commented that landscaping cannot be required unless a building permit is
required.
Mahurin stated that as a strong advocate and outspoken advocate for many years of
the TSH stated if she can't require it legally, she would state it would receive a more
favorable response if there was some sort of a plan for landscaping. Mahurin
commented that the area has been diminished so greatly that she thinks it very
important that they follow through and not let some of the things happen there that
have happened in other parts of the city. Mahurin stated she would be very interested
in seeing something like that.
MAHURIN STATED IF HER MOTION IS NOT LEGAL, SHE WILL WITHDRAW, WITH
PERMISSION OF THE BODY, THE REQUIREMENT OF LANDSCAPING AND LEAVE
COMMENTS IN MINUTES WITH REGARD TO LANDSCAPING. GLICK ASKED IF ANY
OBJECTIONS. NONE NOTED. GLICK REMOVED LANDSCAPING REQUIREMENT
FROM MOTION.
Nord stated she doesn't see where in the TSH section of the code where it says that a
conditional use permit has to be reviewed by TSH Board. Nord stated it is not in the
code unless I am not reading it properly. Nord noted she will vote no on this motion.
Werner-Quade noted she is having trouble interpreting this too adding the only thing
she sees is the board will review all building permit applications as well as all exterior
alterations and demolition's. Werner-Quade asked what the Historic Board going to
review? Whether it is appropriate to have the house serving as a coffee shop to tourist
or not and if that is the case, stated she agrees with Ms. Nord that that is not part of
what they are supposed to be doing.
Mahurin noted that as someone who was here before P&Z and the reason she is on the
board now is what the City of Kenai did to Townsite Historic. Mahurin stated that Mr.
Arness was right in that there was a task force formed after the original proposed
usage of the property. Mahurin commented that task force was made up of good, hard
working citizens who spent a long time and effort and as a result came the TSH
ordinance and the review board. Mahurin noted she had been a member of that board.
Mahurin stated she thinks good faith and intent has to be maintained and that being
that the City of Kenai recognizes when the decimated the TSH zone to a tiny portion
that TSH review would have some ownership and input into what happens in that part
of the town. Mahurin noted they have heard from a church contingency tonight and
have not heard from a city recognized commission or board adding the people who
~ have been working on that are involved with the historical and everything else that is
going on there. Mahurin stated she thinks it only fair and it would be a travesty if they
totally disregard the TSH board. Mahurin added that down the road she would make a
recommendation adding she did not realize that conditional use permits come through
Planning and Zoning Commission
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June 1 1, 1997
there. Mahurin noted that when they talked about the Land Use Table they discussed
those types of things adding that somehow she had missed that it has to come before
them. Mahurin agreed with Mr. Arness stating if they are not going to do it, take it out
of the ordinance. Mahurin stated she doesn't want to see that happen adding that
what will happen is what happened in the first place adding that a nice old historic area
has been reduced to about a penny size piece of history.
Werner-Quade stated she had been looking in her packet for something from TSH and
thinking surely they must have seen this. Werner-Quade continued stating she went
further to assume that since she didn't see anything she assumed it must be okay with
them. Werner-Quade noted that this is far from what it actually is. Werner-Quade
commented it is hard to come in when you come in with one thing in your mind and
you have to change that.
Christian commented that he thinks that the idea of the TSH district was an excellent
step forward and thinks the city needs to preserve what is most valuable as a tourist
attraction. Christian noted this is a new ordinance and they need to make the right
steps. Christian added that if errors have been made, they need to make steps in the
proper direction to preserve this. Christian commented that they tried to do something
in 1967 when they built Fort Kenay and it fell flat because of no support. Christian
stated he would hate to see the city not give the board support. Christian stated he
would very strongly recommend it goes back to TSH Board if nothing more as a
precedent to give them as much power as possible. Christian added that he would
agree with Ms. Mahurin as a good use for the property but they should go through the
TSH board first.
VOTE TO POSTPONE:
BRYSON YES WERNER-QUADE YES
NORD NO MAHURIN YES
CHRISTIAN YES GLICK YES
MOTION PASSED-5-1.
b. PZ97-25-Variance Permit-Principle Structures-Lot 1, Block H, Woodland
Subdivision, Part 1, 104 Beech Avenue, Kenai, Alaska
MAHURIN MOVED TO APPROVE PZ97-25. MOTION SECONDED BY CHRISTIAN.
PUBLIC HEARING OPENED:
TONA BRAVO-Applicant. Bravo stated she had written a letter to the Commission
~ stating her reason for the request, that is that her dad is ill. Bravo stated that due to
the way her home is she feels they cannot add on because of her garage. Bravo stated
her father wants his own little place and will be like amother-in-law's cottage. Bravo
stated it will be used only for that and not as a rental. Bravo stated he is living outside
Planning and Zoning Commission Page 12
Minutes June 1 1, 1997
and is ill and her only family. Bravo stated her home is well kept and wouldn't be
anything junky. Bravo stated she has a builder, Mr. Grizzell, who has given a price on
building the small cottage which would just be used for her family.
Christian asked if .the intent was to connect to your home system.. Bravo stated it will
have it's own water and electricity. Christian asked the size of the dwelling. Bravo
stated 16' X 24'. Christian confirmed it will not be connected in any way to the
residence. Bravo noted that it was her father's choice so he could pay his own way.
adding they have a large lot and that they meet the requirements for the variance.
Bryson asked if there was a restriction that no rental, lease, or sublease of the cottage
separate from the principle structure would create a problem. Bravo stated no adding
that the intent was for her dad to use the residence and if that restriction needs to be
included that would be fine. Bravo stated that s long as they own the home it would
be for family purposes. Christian asked if you have the structure and somewhere down
the line the principle use could not be used, what would you use it for then. Bravo
stated that she would probably use it as a studio or noted that her mother is 20 years
younger and may need a place then.
PUBLIC HEARING CLOSED:
Glick asked La Shot for additional staff comments. La Shot advised that if the owners
wished to attach the structure it would not require a conditional use permit, it is her
choice to separate it. Christian asked for clarification. La Shot repeated that if they
attached the addition to their house it would not require a variance.
Christian expressed concern about what happens down the road supposing that the
Bravo's sale their property, and someone buys the property asked if they can stipulate
that the new owner not rent the structure. Christian commented that it seems it would
be putting a great deal of pressure of someone down the road.
Bryson reiterated that they could connect it to their current residence and it would be
legal. Christian asked if they could rent it and answered himself that it would because
it would be considered a duplex. Christian stated this concerns him because
somewhere down the line they could connect the building and make it a duplex and
rent it.
Ms. Bravo commented that it may be a great asset because many families have parents
living with them and it may be something someone is purposely looking. Bravo noted
that parents don't want to infringe on their children's privacy. Christian stated he
agreed but is wondering if someone down the road doesn't want to do that can they
extend the requirement that it not be rented whether connected or not. Christian
~ stated he didn't think the requirement is very long lasting. Glick stated they could
connect it now, call it a duplex, rent it out, and it wouldn't even be before the
commission.
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Minutes June 1 1, 1997
BRYSON AMENDED THE MOTION TO STIPULATE THAT NO RENTAL, LEASE, OR
SUBLEASE SEPARATE FROM THE PRINCIPLE STRUCTURE BE ALLOWED. MAHURIN
SECONDED THE AMENDMENT.
VOTE ON AMENDMENT:
WERNER-QUADE YES NORD YES
MAHURIN YES CHRISTIAN YES
BRYSON YES GLICK YES
AMENDMENT PASSED-UNANIMOUS.
VOTE ON MOTION AS AMENDED
NORD YES MAHURIN YES
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GLICK YES
MOTION PASSED-UNANIMOUS.
c. PZ97-27-A resolution amending the Kenai Municipal Code Title 14.20 Kenai
Zoning Code, Land Use Table with Footnotes
CHRISTIAN MOVED TO APPROVE PZ97-27. MOTION SECONDED BY MAHURIN.
PUBLIC HEARING OPENED.
PUBLICHEARING CLOSED.
La Shot noted no additional staff comments.
Christian noted that in lieu of the vote by council at the last council meeting regarding
the kennel ordinance if they should review the animal boarding section. Christian
stated they would need to change the N's to C's. Bryson noted not in the TSH zone.
Glick stated that would involve the N's in the RS2 and RU zones being changed to C's.
MAHURIN MOVED THAT UNDER THE ZONING DISTRICT, MISCELLANEOUS ANIMAL
BOARDING IN THE RS2 AND RU THAT THEY CHANGE THE NOT PERMITTED TO A C
FOR CONDITIONAL USE. MOTION SECONDED BY NORD.
Mahurin stated she felt it is a moot point and if isn't changed here when it goes back to
council for the ordinance approval they will do it anyway. Mahurin stated a
housekeeping item.
}
VOTE ON AMENDMENT:
MAHURIN YES CHRISTIAN YES
BRYSON YES WERNER-QUADE YES
NORD YES GLICK YES
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Minutes June 1 1, 1997
MOTION PASSED-UNANIMOUS.
Glick asked if anything else that needs to be discussed. Nothing noted.
VOTE ON MOTION AS AMENDED:
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES NORD YES
MAHURIN YES GLICK YES
MOTION PASSED-UNANIMOUS.
7. NEW BUSINESS:
a. PZ97-26-Home Occupation Permit-Art Instructor-Barbara Hultberg, Lot 28,
Block 3, Redoubt Terrace Subdivision, 1618 Fathom Drive, Kenai, Alaska
MAHURIN MOVED TO APPROVE PZ97-26. MOTION SECONDED BY WERNER-
QUADE.
La Shot noted no additional staff comments.
Bryson asked if there was any concern with parking. Bryson stated he feels that any
parking that is required for people attending the session should be off street and that
she should have sufficient room in her driveway to do that. Bryson asked if she stated
how many people would be in attending at any one time. La Shot stated he didn't
believe any numbers were mentioned and it may be appropriate to think about that.
Bryson commented that as narrow as the streets are, if one side gets plugged it
becomes a hazard. La Shot noted permit application just states teaching to a small
number of people.
Christian asked if this is one-on-one or to groups of people. Mahurin advised that tole
painting is painting that is folksy, antique looking and done on wood or metal. Mahurin
noted it is different than having a big easel. She could definitely demonstrate to a
group adding she took a class that had about a dozen participants. Mahurin stated she
understands the parking question and wondering how many vehicles they can
adequately handle.
Glick suggested amending permit to limit the number of vehicles. Werner-Quade stated
she had thought three. Mahurin stated she would rather say that all parking for class
have to be off street adding she would hate to limit the number of people. Glick stated
he thought home occupations by nature are limited to two people. Glick asked if he
was reading something into this. Glick noted the traffic generated by a dozen people is
greater than a home occupation would allow. Mahurin noted they are thinking about
one day a week, a sporadic activity.
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June 1 1, 1997
BRYSON AMENDED MOTION TO REQUIRE THAT PARKING BE CONTAINED WITHIN
THE SUBJECT LOT. CHRISTIAN SECONDED THE MOTION.
VOTE ON AMENDMENT:
H.- - BRYSON ~ YES
NORD YES
CHRISTIAN YES
WERNER-QUADE YES
MAHURIN YES
GLICK YES
MOTION PASSED-UNANIMOUS.
VOTE ON MOTION AS AMENDED:
WERNER-QUADE YES
MAHURIN YES
BRYSON YES
NORD YES
CHRISTIAN YES
GLICK YES
MOTION PASSED-UNANIMOUS.
8. OLD BUSINESS:
a. PZ97-23-Landscape Site Plan Review-Economic Development Center, Mile
14.5 Kenai Spur Highway (Tract C, Radar Subdivision, Replat No. 1)-Postponed
from May 28, 1997 meeting.
NORD MOVED TO APPROVE PZ97-23. MOTION SECONDED BY CHRISTIAN.
La Shot noted nothing additional.
Mahurin noted they have provided a landscaping plan adding she doesn't like it.
Mahurin commented two planters and red gravel seems a shame when talking about
the Economical Development Center. Mahurin noted she knows it is off the road and
that she has been out there. Mahurin commented that every time she drives by a
building in her area and sees the minimal landscaping like this that she gets angry.
Mahurin noted that she realized that they probably have no choice but to approve but
that this doesn't say much for Economic Development that they are putting such a
minor emphasis on landscaping.
Christian stated he would like to support that idea adding that we need to provide some
beautification for our buildings. Christian stated he would like to see owners take some
pride in what they are building and make it appealing to the eye. Christian commented
that there are some ugly spots along that road and they could make this one better.
Christian stated he is disappointed with the plan.
Glick stated he is not sure that they have to approve. Mahurin advised she thought if it
met minimums, they had to approve it and would be interested to receive advice on the
issue. Bryson noted a five percent requirement. Nord suggested in the future they
might consider looking at the five percent area as far as beautification. Nord noted that
Planning and Zoning Commission Page 16
Minutes June 1 1, 1997
a bunch of gravel and a couple of trees isn't her idea of beautifying the city. Nord
stated this may be something in the future to look at. Five percent minimal amount
and if it could be done where it wasn't stretched over a 3 foot area 100 foot long, it
might make a little sense. Nord added she sees nothing wrong with plan meeting the
black and white of the ordinance so will vote to approve.
Mahurin asked if it might be appropriate when getting something like this with the help
of staff develop a boiler plate letter that goes out when they apply stating the intent of
ordinance but it is one of things that P&Z, particularly on developments, will be looking
at. Mahurin stated she didn't know if they wanted to do something like this but to
somehow give notice to developers that this is a priority and will be looking at.
Mahurin asked if they can do something like this.
Werner-Quade added she doesn't know if they can do it but would support it. Werner-
Quade commented there is always an element of confusion with the plans. Werner-
Quade commented that she felt that the developers are told just to do these as a
matter of course and they will be approved. Werner-Quade commented the plans are
oftentimes not fine or will show landscaping and afterwards there is no landscaping
done. Then, there is no way to enforce. Werner-Quade agreed with the idea of
tightening up this procedure because it is more often than not that they are not right.
Christian asked if we were to take one of these plans and use as precedent setting and
not approve because we don't agree with their plan, what the next step would be?
Christian stated he is assuming it would be appealed to council and they would lose
any impact. Christian stated he doesn't see anything other than putting words into the
minutes where they can go with it.
Smalley stated that if something meets the code and if it turned down here, council
would approve if it met the criteria. Smalley added that if the body wants to alter
criteria, then that is what it needs to do.
VOTE:
NORD YES MAHURIN YES
CHRISTIAN YES BRYSON YES
WERNER-QUADE YES GLICK YES
MOTION PASSED-UNANIMOUS.
9. CODE ENFORCEMENT ITEMS:
10. REPORTS:
a. City Council
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June 1 1, 1997
Smalley noted the agenda in the packet. Smalley advised that Kathy Scott and Colleen
Ward gave an overview of the economic forum and everyone was very pleased with
the forum. Jerry Stock, a builder, spoke before council over difficulties with properties
he had bought in Pinewood Subdivision. When purchased, he was led to believe water
and sewer stubbed on the properties. Smalley stated there were lots of complications,
the owner had passed away in the early 70's. When the project went through to pave,
in 88 or 89, property owners were notified to see if they wanted stub outs. The
executor was contacted to notify if they wanted stub outs. Some of the lots had
water, some sewer and some both. There is water and sewer at street. Council didn't
believe a city problem, instead between purchaser and seller.
An ordinance approved adopting the budget. Smalley noted this was a substitute
ordinance lowering it about 5178, 000 because of PERS being lowered. This was a
difference of about 5370,000 dip into the general fund to balance the budget. The
kennel ordinance failed. Cabin rentals passed. Council postponed Item 5 by request of
the Airport Manager and City Manager. Smalley noted everything else passed with the
exception of Item 12 which was sent back for rewrite to take out word maintenance.
Smalley noted the city doesn't want someone way down the road to interpret that the
city will maintain bike paths.
Under New Business, council will on July 16th be setting up a time frame to work on
goals and objectives. There was discussion over damage of trees and shrubs due to
equipment or because not surviving winters in Leif Hansen Park. Those destroyed by
equipment the city will replace.
Smalley advised that council does sincerely appreciate the effort put forth on the land
use table and the footnotes.
Smalley stated he had a couple of questions. The first one, the motion to postpone the
coffee house project and send to TSH, Smalley stated he assumes was as a matter of
courtesy because not required by the code because no building permit required.
Smalley noted conditional uses aren't sent to them. Smalley stated he could potentially
see a legal problem requiring something of an individual above and beyond the code
that has not been required of other projects in TSH, adding he didn't have one specific
to say. Smalley added he couldn't think of one they have required above and beyond
the code. Smalley reiterated it was just a question, first assuming it was a matter of
courtesy.
Mahurin responded it is more than courtesy, a matter of integrity and to honor the
integrity of the TSH board and to honor the intent of the ordinance. Mahurin stated
she will propose under board comments that they come up with ordinance changes that
will require hops and cups come before TSH board. Mahurin stated she felt it more
than a courtesy but an intent that she thought inherent in the process when the
rezoning happened. Mahurin added she sees that it missed it but thinks it is to uphold
the integrity of the TSH board.
Planning and Zoning Commission
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June 1 1, 1997
} Smalley responded that he didn't think it was ever intended that CUP's would go
before them. The reduction of the size of the zone has nothing to do with it. Mahurin
stated her understanding during all of the meetings and as a member of the TSH board
was that they would review all development in the area. Smalley responded that what
passed and came out of ordinance was that all development requiring a building permit
would be reviewed.
Werner-Quade asked if they could go off the record, if that was acceptable adding that
she has comments and questions.
Bryson stated it was his intent that it be sent there as a courtesy situation and that he
would like their opinion as a historical group. Bryson noted that he recognizes it is a
very sensitive situation and sensitive area.
Smalley commented that he didn't think they would delay project because of not
having water on site. La Shot noted he thought their plan was to haul water.
Glick stated his vote was a courtesy knowing what the code says. Werner-Quade
concurred. Werner-Quade stated she didn't agree with Gray's points other than the
legal which stopped her. Werner-Quade stated Gray was saying one thing and
administration was saying another thing, and noting she is not an attorney, so it
stopped her in her tracks. Werner-Quade noted she felt it was a courtesy to TSH.
Mahurin stated she felt that they needed to hear from a city sanctioned group as
opposed from only the religious community being cognizant of the politics of the area.
Werner-Quade stated that right before the meeting she went there and there was an
electrician there to up the amps for espresso machines. Werner-Quade stated she was
given a tour and it was a treat stating her first thought is that this is perfect. Mahurin
concurred. Werner-Quade noted then to hear Ms. Gray was hard to hear and
commented that she felt that if Gray was going to present the packet of materials she
should have had it in the packet following the application.
b. Borough Planning
Bryson stated with reference to the proposed plat agenda, they reviewed 7 plats. All
were recommended for approval. At the regular meeting, the agenda was accepted as
presented. Under public hearings, there was a petition to vacate a public easement
that provides access to Kenai Lake from Snug Harbor road side. That item, after public
comment, any decision postponed until hearing from the Cooper Landing Advisory
Planning Commission. The second public hearing was approved. Item 3 included 50 or
so street name modifications. Only ten of the names had comments from the public
attached. Bryson noted there were a number of modifications made as a result of
public input. Bryson explained again that those will all be coming to the borough once
all areas covered for a massive resolution that will cover 100's of streets to formalize
Planning and Zoning Commission Page 19
Minutes June 1 1, 1997
name changes. Item L1 was an appeal of a planning director's decision. The director
determining that subject parcel didn't qualify for an existing use as regard to
development of a borrow pit. That decision was overturned by the commission.
c. Administration
La Shot advised there was a Kenai River Special Management Board meeting on June
5th which was continued to June 17th. The primary reason for the meeting was to
adopt the draft management plan. La Shot stated the board heard strong comments
and input regarding the lower four miles of river, that it not be included in the
boundary. La Shot noted if anyone wished to make comments they could do so at the
meeting on the 17th. La Shot reminded the Commission of the Airport Commission
meeting concerning review of the master plan draft.
La Shot advised that tomorrow the site work will bid for fire Training Center. La Shot
advised that at some point this will come up for a landscape review prior to issuance of
the building permit. The animal control shelter is out to bid and that eventually will
make it's way to the P&Z Commission. At the next meeting staff plans to bring a CUP
for consideration. La Shot noted staff had waited because the things being revised in
the land use table would have negated that need. La Shot noted it might be the
appropriate time to review the landscape site plan.
Smalley stated that concerning the discussion of Mr. Arness on the Dunes Project, if
city needs to get a copy of that project, adding he is aware there was a public hearing
process, if code requires that such development go before the TSH board for review
purposes, it may be appropriate to get the TSH members copies of the report. Smalley
noted that there was confusion that they were creating parking space there. Smalley
stated the parking is elsewhere. Smalley stated he didn't think the project required
their review. La Shot stated there is a possible future project involved that would be
adjacent or expanded which will enlarge the turnaround at the end. Smalley asked if it
was possible to get them a copy of what the city is doing down there. La Shot stated
yes. Kebschull stated it was her understanding that it was not in the zone. Smalley
stated he had initially thought it was just outside of the zone but was informed by Ms.
Mahurin it is definitely in the zone. Kebschull stated she was told it was outside.
Mahurin stated she was under the impression it was all in the TSH zone. La Shot
noted in the back of the Comprehensive Plan is a zoning map. La Shot noted it is in the
zone. Smalley stated he would then think it appropriate to share with them what is
going on and the plan. Kebschull questioned if it doesn't require any kind of permit or
review by P&Z, why would TSH review it if they are advisory to P&Z? Smalley stated
a matter of courtesy. Kebschull noted they are provided with information on any
public hearings. Smalley stated he is aware of that and would prefer they be informed
as much as possible to eliminate confusion. Kebschull noted staff tries to do that.
La Shot commented that the Commission was provided copies of the revised
Comprehensive Plan. In the new budget starting July 15t, the city has appropriated
530,000 that will be matched by borough funds to begin the process of preparing a
Planning and Zoning Commission Page 20
Minutes June 1 1, 1997
new comprehensive plan. La Shot noted the Commission will be heavily involved in
that process. La Shot stated that Kebschull will be coordinating the project. Kebschull
noted that the zoning map in the new plan is already outdated because of the two
recent rezones.
Glick asked where the funds are coming from to build the new animal control shelter.
Smalley explained that FAA approved the use of airport funds for the project because it
meets the criteria and it will be leased by the city at the lease rate. Smalley
commented that this council is looking at the airport fund as the fund to build all future
projects but thought this might meet the criteria since it has been on airport lands.
Glick commented that technically the airport part of the city will own the shelter.
Kebschull commented on the discussion regarding the coffee house adding for the
record that Dorothy Gray had been aware that something had been going on there for
some time. She brought that to staff attention and that is why the building official
checked it out. Kebschull noted the building official had advised staff that a building
permit was not required and asked that the city attorney clarify whether or not it was
required that any alteration be reviewed by the TSH board. Kebschull advised that the
city attorney advised that it was not required by code. Kebschull added that she had
discussed with the attorney how the TSH board could be involved in the process based
on the fact that their meetings are monthly and P&Z meets every two weeks. It was
decided that if they met before the P&Z meeting and a CUP had been requested that it
would be placed on their agenda for comment. If the time wasn't right, I would include
them as a part of the certified mailing. Kebschull noted the TSH board was involved in
the fact that they were noticed by certified mail of the CUP like every other property
owner in that district. Kebschull noted that staff has a concern because the TSH board
has problems with quorums and if they don't have a quorum for example at their
meeting on the 16th, what does that mean to the coffee house application. Then, TSH
wouldn't meet for another month. Kebschull advised she is not sure what will happen
at that time. Kebschull advised that staff had followed all guidelines to include them in
the process. Kebschull noted she didn't know what more staff could have done.
La Shot commented in conversations with the city manager there has been discussions
on the problems with quorums and the administrative burden that TSH poses for the
city. La Shot stated he felt the city manager will be pursuing some method possibly
that would include an abolishment of the board. La Shot stated P&Z would possible
take on the duties of the TSH board with possibly an expert group available for
consultation or input. La Shot stated this is just for the Commission's information.
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. City of Kenai Ordinance No. 1743-97
b. City of Kenai Ordinance No. 1744-97
c. City of Kenai Ordinance No. 1745-97
Planning and Zoning Commission
Minutes
Page 21
June 11, 1997
d. Mission Street Improvement Public Meeting Notice
e. Kenai River Special Management Area Advisory Board Minutes (4/17/97)
f. KPB Administrative Approval-Anglers's Acres Lowe Addition
g. Letter from Clerk Freas dated 5/22/97
13. COMMISSION COMMENTS & QUESTIONS:
Mahurin advised when she was onTSH having quorums was a problem adding she did
realize they were advisory to P&Z which is why she applied to P&Z because she felt
there was not much of an advocate for TSH on P&Z and city council. Mahurin stated
that it became apparent tonight to her that they need to be included in almost
everything that goes on over there. Mahurin stated she is not sure in light of the
quorum how that can be done. Mahurin stated she would hate to see P&Z take on all
of their duties because they do a lot with archeological research and the historic
preservation, etc. adding she didn't think P&Z had the expertise or the focus. Mahurin
stated she didn't have an answer adding she is not sure what to do. Mahurin reiterated
she would hate to abolish the board adding she realizes this is only a discussion item.
Mahurin commented that area has a significant part of history and culture that needs to
be maintained adding she would like to see the zone extended back to Kenai Joes.
Mahurin stated she has concerns as to how it can be incorporated and suggested
perhaps a brainstorming session in the middle of winter when time reiterating that it
concerns her.
Mahurin drew attention to a letter to editor in the paper from Mary Person who lives in
Redoubt subdivision about the proposed path for wheelchairs in a park on Forest Drive.
Mahurin stated she had some really good points such as instead of clearing trees,
weaving something through. Mahurin stated she just wanted to draw attention to the
letter and if they had not read it they might want to.
Mahurin stated that on a personal level she has a neighbor who is chopping down all of
the trees on the corner of Fourth and Aspen who assures her that the City of Kenai
gave her permission to take down all of the trees in the right of way. La Shot stated
he wasn't aware of this and would have to ask if someone gave her permission.
Mahurin wished all the fathers a Happy Father's Day.
Nord commenting on the landscape reviews stated she thinks the Commission should
look at requesting an ordinance change and submit it to the council. Nord noted that it
is building season now and perhaps it could be looked at in the fall. Nord commented
how many hours the city and volunteers spend making their property look beautiful.
Nord noted that volunteer hours are astronomical with the Beautification Committee
then having commercial enterprises making it look shoddy with paved parking lots is a
shame. Nord stated she would like to see the aspect of "Beautifying our Highways and
Byways."
Nord stated that Sharon Williams talked to her regarding the sign on the corner in front
of the Chamber for Overland Park. Williams stated she felt it was too close to the
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June 1 1, 1997
'~ existing street. Nord stated she wasn't sure if it has been looked at before. La Shot
asked what the sign said and Nord stated, "Overland 59.95 a Night". Glick noted P&Z
wouldn't review unless it was oversize. La Shot stated he would check on it.
Christian supported Nord's comments on a better ordinance for a landscaping. Christian --
commented that he doesn't have much hope noting that the last couple times he has
been involved in trying to approve the city, they didn't get too far. Christian noted they
had put time and thought into the kennel ordinance and wished council had explained
their reasons for denying the ordinance.
14. ADJOURNMENT:
Meeting adjourned at approximately 8:55 p.m.
Respectfully Submitted:
i
Ma ily Kebschull
Administrative Assistant