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HomeMy WebLinkAbout1991-04-10 P&Z MinutesApproved RENAI PLANNING & ZONING COMMISSION ****April 10, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - March 27, 1991 `4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING ..-a. Resubdivision of Gov. Lot 139 and a portion of Gov. Lot ° 140 Section 31, T6N, R11W, S.M. AK, C-Plaza Subdivision .-b. Resubdivision of Lots 5,6,7 Dragseth Subdivision and ~ Utility Easement Vacation, Dragseth Subdivision ,,•c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1, T5N, R11W, S.M., Alaska j 6. NEW BUSINESS - PUBLIC HEARING ,.a. Conditional Use Permit Application - Jerry & Evelyn Huf 7. OLD BUSINESS a. Development in TSH Zone - Steven J. Peloza 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - April 3, 1991 2. KPB Planning Commission Agenda - April 1, 1991 3. KPB Ordinance 91-2(Substitute) Re: Petitions to vacate utility easements 11. COMMISSION COMMENTS & gUESTIONB 12. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION April 10, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Staff: 2. APPROVAL OF AGENDA Phil Bryson, Tom Murphy, Kathy Scott, Duane Bannock, Saylor Rehm, Art Graveley, Hal Smalley Jack La Shot, Kim Howard, Loretta Harvey Chairman Bryson noted that item 6b. Application for Lease Lot 10 BL 2, Cook Inlet Industrial Park, was inadvertently left out of the packet and had been hand carried to the meeting. Also there was an addition of 6c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec. 1. T5N R11W S M AK MOTION AND VOTE: Commissioner Murphy moved for approval, as amended. Commissioner Scott seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - March 27, 1991 MOTION AND VOTE: Commissioner Rehm moved for approval of the minutes as presented, seconded by Commissioner Graveley. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Res. PZ 91-5: Resubdivision of Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AK, C-Plaza Subdivision Jack La Shot, City Engineer, explained that this resubdivision was intended to eliminate one property line to increase the size of the lots. RENAI PLANNING & ZONING COMMISSION Page 2 Commissioner Scott asked if La Shot could give the vicinity of the plat, and if it fronted the road to North Kenai? La Shot explained that the plat was the C-Plaza located on McKinley and 2nd, and that it fronts the North Road. MOTION AND VOTE: Commissioner Bannock moved for approval of Res. PZ 91-5, relocating lot lines on Gov. Lot 139 and a portion of Gov. Lot 140 Section 31, T6N, R11W, S.M. AR. Seconded by Commissioner Graveley. Passed Unanimously. b. Res. PZ 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement Vacation, Dragseth Subdivision La Shot reported that this was also elimination of lot lines and establishing new ones and also vacating a utility easement. Located off Cannery Road near Dragseth Subdivision. MOTION AND VOTE: Commissioner Graveley moved for approval or Resolution 91-6: Resubdivision of Lots 5,6,7 Dragseth Subdivision and Utility Easement. Commissioner Scott seconded. Passed unanimously. 6. NEW BUSINESS a. Res. PZ 91-7 - PUBLIC HEARING - Conditional Use Permit (CUP) Jerry and Evelyn Huf La Shot introduced the application by explaining that the owners were requesting a CUP for the property which fronts on Beaver Creek. The location of the property is between South Ames and Beaver Creek, and the owners wish to establish a cabin and boat rental on that property. Jerry Huf explained that he owned a 2-1/2 acre tract on which he proposed to build 4 (16 X 20) cabins and rent boats along with these cabins. Huf has submitted a vacation of easement application with the Borough. The original easement was for a road, that part of the property would now be used for parking and a tree buffer. RENAI PLANNING & ZONING COMMISSION Page 3 ~) Chairman Bryson then opened the meeting to a Public Hearing. Harmon Hoffman, 635 Dolchok Lane, which is on the creek and east of the tract. Harmon presented a petition of 15 names of residents who are opposed to the CUP. The reasons of opposition were that the area is currently residential and the subdivision he resides in has covenants controlling and refusing this type of use. Hoffman expressed concerned that the creek is small in that area and that there could be pollution problems from the boats accessing the river there. He also voiced concern about the influx of people coming into the area to use the cabins, and the garbage problems this might create. Joanne Fleetwood-Smith - read a letter of opposition for the CUP and presented the letter to the Commission (See attachment l.) Pat Fleetwood - representing herself and Alvin Fleetwood, read a letter of opposition for the CUP and presented the letter to the Commission (See .attachment 2.) Glenda Feeken - Remax of the Peninsula, stated that a builder was considering buying several lots in that area and the sale might be impacted by it becoming a recreational area. She felt that people viewed that area as residential not recreational, and urged Commissioners to take a hard look at how this CUP would impact all the homes in that subdivision. Rona Hoffman - 635 Dolchok Lane - Stated that she was strongly opposed to the CUP, for similar reasons which had already been noted. She was concerned that it was an unsafe area for boats and that the noise and activity would have a negative impact on the current residents. Jerry Huf - Stated that he has lived in Basin View Subdivision since it was established and has watched the development of that area and feels it has already taken a turn in the direction of a recreational area. He proposes that his development was for only 4 boats and felt this would not affect the area. He also plans to build a home on the site within two years so he intends to keep the site well maintained. He added that if the neighbors have a problem with people or traffic he would be willing to build a fence on that property. He planned to install a floating dock to keep pedestrian traffic from eroding the creek bank. Hoffman - asked where the boats would be parked. Hoffman was afraid if the CUP was granted that Huf would begin charging a fee for other people to access the creek and traffic would increase, increasing wear and tear on the creek. Hoffman was also concerned that this permuit, if granted, would decrease the value of his home. RENAI PLANNING & ZONING COMMISSION Page 4 Huf stated that he has a permit pending with the Corp of Engineers (COE) and they would not issue a permit for a boat ramp in that area, if they felt it would harm the environment. Commissioner Bannock asked if the permit for the dock was denied, how would Huf 's plans be affected? Huf replied that if the permit were denied the boat rentals would probably be out, but he would still have the cabin rentals. He didn't foresee a problem with the permit, since quite a few people in that area already had floating docks, which the COE had allowed. MOTION: Commissioner Murphy moved for approval of Res. PZ 91-7 - Conditional Use Permit - Jerry and Evelyn Huf. Commissioner Graveley seconded. Commissioner Scott told the Commission that she was currently a resident of Basin View Subdivision, but was not within the 300' public hearing notice criteria. She was aware that a petition had been circulated in Basin View, but had not signed the petition and she asked the Commission if it would be a conflict of interest for her to vote on this issue. Chairman Bryson said that it was his opinion that Commissioner Scott was significantly detached from the development and that it would not be a conflict of interest. He asked for other comments from the Commission or any objection. Hearing none, Bryson asked for further discussion on the item. Commissioner Murphy asked Huf to expound on his statement of that area taking a turn toward recreational? Huf explained that there were several CUP which had been granted by the City in recent years. One was for an RV Park and manmade lake across the street from his property, also there are numerous guiding businesses in that area. Commissioner Rehm noted that Beaver Creek was slow moving and expressed concern about the impact of additional boats on the creek and the hazards of boats entering the swift waters of the Kenai River from Beaver Creek. Rehm also asked if the warehouse near Huf's property was a commercial venture. RENAI PLANNING & ZONING COMMISSION Page 5 Commissioner Bannock recalled that the warehouse in question had come before P & Z last year and that it was not a commercial business. He recalled that similar arguments have been heard by the Commission in the past. He stated that development should be considered under the term "compatibility", which could be defined as "things that match". Bannock said that Huf's idea could be viewed two ways, as "a commercial development designed to make as much money as possibly, or as I choose to look at it in the compatibility definition in things that belong." He felt that boats and cabin rentals belong on Beaver Creek and the Kenai River. Bannock said he would like to know some things before making his final decision. He would like to know what covenants, if any, existed in this area. He felt that the floating boat dock was critical to Huf's plan, and if the Commission took action they would need to consider that. Historically the Commission has approved similar developments in that area. Commissioner Graveley asked Huf what the water level and width of river were in that area, and if their were residences on the opposite side of the creek from the proposed tract? Huf said that the water level is navigable most times of the. year. The river is 20 to 25' wide and that there are no residences across the river, just wetlands. Commissioner Scott said that she was a relatively new member of the Commission and was not aware of past actions concerning such developments. She felt she would like more details before making her decision on this matter. Commissioner Bannock requested that Administration draft a list of CUP's granted in that vicinity in the past. MOTION AND VOTE: Commissioner Scott moved that the Commission postpone action on the CUP until the next meeting. Commissioner Murphy seconded. Passed unanimously. Chairman Bryson noted that the Public Hearing would be continued at the April 24th meeting. b. Application for Lease Lot 10, BL 2, Cook Inlet Industrial Park. Kim Howard, Administrative Assistant introduced the Application. The applicant was Jova Enterprises, doing business as Hertz. She asked what P & Z's recommendation to Council was regarding this lease. RENAI PLANNING & ZONING COMMISSION Page 6 MOTION: Commissioner Bannock moved for approval of Application to Lease Lot 10, BL 2, Cook Inlet Industrial Air Park. Commissioner Graveley seconded. Passes unanimously. c. Petition to Vacate: Tract 1, Jack Webb Subdivision Sec.i, TSN, R11W, S.M., Alaska Chairman Bryson introduced the Petition and noted to the Commission that the Borough had already approved this vacation, and the City Council now had thirty days to veto that decision. The Planning and Zoning Commission was being asked to make a recommendation to Council concerning this Vacation. MOTION: Commissioner Bannock moved for the Planning and Zoning Commission to recommend to Council approval of the Petition to Vacate. Commissioner Graveley seconded. Huf explained that this easement was intended by BLM for a road, at one time and that the road and utility easement were no longer needed. He felt that 50' was excessive and there was presently plenty of public access to Beaver Creek in that area. Chairman Bryson stated concern about losing access to Beaver Creek in Basin View Subdivision. He felt that the width might be reduced, but felt some type of access should be retained. Commissioner Murphy asked if there was any access to the creek in Angler's Acres? La Shot said he believed that there was still access in Angler's Acres, at the site where Fosters had, at one time, proposed a boat ramp. La Shot said he felt that the Petition to Vacate should also be reviewed by the Parks and Recreation Commission. Commissioner Bannock addressed the Alaska Department of Fish and Game's comment which requests that the borough provide a trail easement. Commissioner Bannock asked how wide a trail easement was and if Huf would find that trail easement acceptable? Chairman Bryson suggested 10 - 20 feet, which would significantly reduce the current easement. Huf said he would not be opposed to a trail in that area, but would be concerned over the impact on the river bank, if a public trail exists. KENAI PLANNING & ZONING COMMISSION Page 7 AMENDED MOTION: Commissioner Bannock amended main motion to reduce amount of the roadway and utility easement to 10 feet. Commissioner Graveley seconded. Commissioner Murphy noted that in the KPB Planning Commission to be plenty of existing access under the Findings of Fact section minutes, number 3, there appeared to Beaver Creek in that area. VOTE ON AMENDED MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. VOTE ON MAIN MOTION: Yes - 3, No - 3. Motion fails for lack of a majority. 7. OLD BUSINESS a. Development in TSH Zone - Steven J. Pelota Chairman Bryson explained that the application for this development had been approved by the Commission at their March 27th meeting. Objections were raised to this application at the City Council Meeting of April 1st. Chairman Bryson then asked Councilman Smalley to give a report regarding this Council's wishes concerning this issue. Councilman Smalley referred to the comments from the City Council minutes, which were included in the P & Z packet. At the Council meeting Steven J. Peloza (the proposed business owner) was asked about other enterprises he had planned in the area. Peloza said that he planned to eventually have a salmon bake, horse back rides and outdoor arts and crafts shows, he added that he realized any expansion from his original application would have to come before P & Z again. The Council was concerned about the proposed expansions of the enterprise and asked Peloza to return to P & Z so they could review his original application. Chairman Bryson read section of application under "Describe proposed activity: Arts and crafts gallery, landscaping, temporary fence, planting trees, painting lean-to a natural color. An additional application was submitted by the owner of the property, Michael W. Carpenter, which states under `Describe proposed activity: Arts and Craft Gallery.' Chairman Bryson asked Pelota whether the application accurately reflects his intents, at this time?" Peloza responded that it did, and he was aware that if he expanded on the original application he would have to come before the Commission again. RENAI PLANNING & ZONING COMMISSION Page 8 Chairman Bryson then asked Peloza about specific points, which had been discussed at the Council Meeting. Chairman Bryson asked, "What about pony rides?" Peloza said he felt that horseback riding was compatible with that area, but was not planned at this time. Chairman Bryson asked about external art/craft displays? Peloza said not at this time. Chairman Bryson asked about painting classes? Peloza replied that he had approval for that. Chairman Bryson asked about salmon bakes. Peloza "not at this time," but possibly at a later time. Currently the plan is to market arts and crafts and small gift items only, and to go 100% by the original approved application. Chairman Bryson, "Keeping in mind that the Planning and Zoning Commission is performing the duties of the Landscape Review .Committee as delegated by the Council. Does the Commission wish, ~ keeping in mind this is not a public hearing, it is not a zoning change, and it is not a Conditional Use, would they like to take public comment, at this time?" Commissioner Murphy said he would like to hear public comment, with a limit on time. Chairman Bryson invited public comment with a 4 minute limit. He .suggested that if the speaker wished to exceed the time limit, they request permission from the Commission before presenting testimony. Commissioner Bannock said that he would agree to public comment, but wished to know what would be accomplished by this. Chairman Bryson felt that by seeking comments from the public the Commission would decide whether to reconsider its prior action on this item. Keith Nickels, Soldotna, stated that he felt an Art Gallery belonged in a site specifically designated for commercial use, such as a mall, not in a religiously significant area. Peloza said he had researched that area for approximately a year and a half and felt it was an appropriate location for this ~ business. RENAI PLANNING & ZONING COMMISSION Page 9 John Douglas said that this was an obviously sensitive area to the history of Kenai and the Kenai Peninsula and the Orthodox community. He felt that this was the first retail business in that area. The area is a burial ground and he felt that the community should not allow a commercial development in that area, it should be left as it is. Iona Wilson - 1501 Bluebell Lane, did not think a commercial enterprise would be appropriate in that area. The Church and Chapel are part of the rich cultural heritage of Kenai. She felt that it is very important to retain local heritage. Harry Connor, 30 year resident of Kenai, has known Peloza for about a year and supports the idea of an arts and crafts gallery in that area. He felt that Peloza would restore that area and improve the site. Bob Schmidt, Kenai resident since 1948, agreed that Kenai needs an art gallery, but though it should be in an area designated for commercial use only. He added that the area around the Orthodox Church was not a place for businesses it is a sacred burial ground. Romaine Walters, artist, 10 year resident, feels that local artists need a place to display their original work. A lot of the artists will be natives and the craftsmen need a place where original works, native crafts, etc. can be displayed and sold. The area is a beautiful spot and feels that it will benefit the neighborhood. Michael Carpenter owner of the property in Dolchok Subdivision, said he owned the property since 1981. He has given Peloza a 1 year lease to make his business work or he is out of the building. Kathie Tomrdle said she was in favor of anything that brings people into Old Town, that would keep that area alive. Becky Tromblee owner of a day care in area said that Peloza had approached her about a gift shop. She became concerned about the addition of pony rides, flea markets, etc. She was concerned about preserving the native heritage of the area and the Russian Church population, which is small but historically significant. The parking would also be a problem and extra traffic on the streets in Old Town, which are already in poor shape. Dale Osborne felt that the community should resolve to preserve an historical part of the Community. The traffic would be a big problem. He was strongly opposed to this development. RENAI PLANNING & ZONING COMMISSION Page 10 Tom Tomrdle Old Town resident and member of the Old Town Committee. He felt that the guidelines for an art gallery fit into the criteria for Old Town development. Jim Bookey respected the significant heritage of the Church, but felt that the Gallery would not be a problem if executed as presented. Barbara Waters, 3111 Kahlua, said she had no objections to this project but was concerned about the parking situation. She felt that businesses had already been allowed in Old Town, such as an accountant and daycare. Oldtown is a beautiful area and Peloza intends to clean up the area which would enhance Old Town. Leda Shadura-Schmidt, Russian Orthodox, felt that people were taking this situation too lightly. She said that her church is like her soul, and that the community has used the church without benefit to the church. She begged the Commission to support. the Church and keep the heritage and traditions. She said she feels that the Church is not being handled properly, and asked Commissioners to consider the preservation of the Church very carefully before they destroy it. Reverend Targonsky asked if the City of Kenai had received a letter from Department of History and Archeology, and the Kenai Historical Society and asked that they be read into the record. (See attachments 3 & 4.) Targonsky asked to share comments which had been made by attorney Robert Cowen who had served on the Old Town Committee and helped draft the original Ordiance for the TSH Zone. Cowan had told Targonsky that this Ordinance, (on which this application is based), the intent was to permit intermingled uses into the historic zone, the intent was that next to the church that should be the strictest zone. commercial, general and retail Commercial, professional, and residential would all be allowed, but none of these would propose to open for business near the church, because of their respect for the Church. Current businesses in that area have provided adequate parking, the day care business was begun before the TSH zone was established. There is no sign for the daycare, which would indicate that it is a business, it looks like a private residence. None of these businesses effect the operation of the Church, in any way. Targonsky was concerned that Peloza had already cut down some trees, which he felt might be on Church property. The original ordinance was never intended to allow retail business in that area. RENAI PLANNING & ZONING COMMISSION Page 11 ^~ Not opposed to art gallery, there is currently another gallery in Old Town. Kenai Historical Society has been contributing to the renovation of the chapel in the past few years and is currently in the process of fixing the roof. Targonsky stressed that a retail business does not fit in that area, and he fears a precedence will be established if this development is allowed, and other retail businesses will be established near the church. The Church would like the Carpenter residence to remain private, or a low key business, which caters to one client at a time, not a lot of customers coming in and out. If this development is allowed, the Church will challenge the intent of the ordinance which governs the TSH zone. There is a cultural center being built in Old Town now, which will provide room for native art and cultural exhibits. Targonsky felt this center would offer an option for local artists, and he wants the area to retain the historic value of the church. He then asked the commission to rescind their .decision in approving Peloza's application, he said he thought that Council had the final say on this matter, but he hoped that P & Z would reconsider their decision. Chairman Bryson explained to Targonsky that the Council would only review the P & Z's decision if there was a written appeal submitted to them. Jean Howard, real estate specialist said that Peloza has been in contact with Targonsky since he began his project. She felt that his proposal would enhance the area and subdivision. Chairman Bryson read the letters which were requested to be read into the records (see attachments 4 and 5). Mrs. Shadura added to her testimony that traffic in the area would disturb the church services. She said the congregation loves its services and would like to have them in peace, Chairman Bryson asked if there was further public comment and seeing none, brought it back to the Commission. Bryson acknowledged that any party that disagrees with the Commission's decision on this issue, has the right of appeal at Council level. This appeal should be in writing. Commissioner Scott noted that Targonsky mentioned an ordinance which was adopted in 1987, is this code number 14.20.105? Chairman Bryson answered, "yes, to my knowledge." RENAI PLANNING & ZONING COMMISSION Page 12 Commissioner Scott said that the Commission had examined the Code at the previous meeting and found that there was nothing in the application which was in conflict with the existing Code. Scott felt that a request had been made that the landscaping plan come back to the Commission for review, but this was not reflected in the previous minutes. She asked that the tape of previous meeting be checked for this request. Chairman Bryson said that the tape had been inaudible. Commissioner Bannock said that he had brought up the suggestion that Peloza's landscaping plan be reviewed by the Commission, (acting as Landscaping Review Board.) Bannock said he felt a lot of this problem could have been eliminated by the involved parties not sharing ideas which are not a shared vision. Bannock also felt this was not a church issue and did not invade the National Historical Landmark (NHL) criteria. He also felt that the media did not accurately report the Commission's decision, which added to the controversy. The issue of parking had already been addressd by the Commission and they felt that the parking problem already exists and would not be compounded by the opening of this business. Bannock said that he uses two criteria to make planning and zoning decisions; enhancement and compatibility. "I feel that the applicant's idea here, is both an enhancement to the Old Town of Kenai and I also feel that it is very compatible, I stand by my decision of last week, and I hope, Mr. Peloza, that you do not let me down." Commissioner Scott asked what penalties Mr. Peloza would suffer if he violates his application? Chairman Bryson responded that no penalties are built into the ordinance as such, he presumed it would take a civil action. Councilman Smalley asked to respond to that comment. He said that the Council had discussed this issue and compared it to a Conditional Use Permit, if an applicant is in violation, it is brought before Council for review and if Council substantiates the violation the City would pursue legal action to make correction of the violation. Commissioner Scott was concerned over a comment that Peloza made. The Commission has approved the application as stated, in further comments by the applicant things have been added which may be construed as an amendment to the application. Scott was concerned about the addition of outdoor restrooms and wanted to make sure Peloza understood if these items were added, he would have to come before the Commission again. RENAI PLANNING & ZONING COMMISSION Page 13 Councilman Smalley said that the comments Council brought up when suggesting that this proposal come back to P&Z, were that this body, in reviewing this matter, be sure that the language is spelled out specifically, as to exactly to what has been approved. At this time the application is approved, but the applicant needs to know specifically what is allowed. Chairman Bryson asked if the house was served by City sewer? Mike Carpenter responded that when the City installed the sewer line to the sewer plant, they asked to come across the property. The original owner, Dolchok had told Carpenter that he had made a deal with the City for the home to be connected to that sewer line, but this was never done. Commissioner Scott noted that the application did not have a placed to indicate whether there were proper utilities on the sight. She was concerned that the Commission may need a more complete application, before making a final decision. Chairman Bryson asked if their were requirements that such a development provide public facilities? La Shot said that the sewer system in that area was a pressure system and would be difficult to access by property owner. Commissioner Bannock said he was not aware of any ordinance which requires that water and sewer services be provided. Chairman Bryson said his question was intended to address the possibilities of a port-o-potty on that site. Commissioner Bannock said he would definitely object to port-o- potties, because they would detract from the site. Chairman Bryson said he felt there were three items verbally stated which were not written in the application: (1) painting classes, (2) outdoor art displays and (3) outdoor bathroom facilities. Councilman Smalley recommended that the City Attorney be asked to review legal aspects of having port-o-potties on property. Commissioner Rehm felt that the Commission was losing site of Old Town. He asked if the body could look at Peloza's business, he feels that the project would enhance the District but would like to see first hand what is there. Chairman Bryson had planned to meet at the site before the meeting but City Administration felt this would be in violation of open meeting laws. RENAI PLANNING & ZONING COMMISSION Page 14 Commissioner Bannock said that the Commission made a decision two weeks ago and felt that if anyone wished to rescind that action, they should speak out or the Commission should move on to other business. Commissioner Scott said she stood behind her initial approval but wanted the applicant aware that he is required to follow the application to the letter. Commissioner Murphy said he missed the meeting when Commission voted on this issue, and by Robert's Rules of Order, he could not move to rescind that decision. He felt that a retail business so close to the church detracts from the monument. If the Commission wishes to enhance the local history he feels that a retail business in that area is neither compatible or an enhancement. Commissioner Graveley anything about salmon intention of changing originally submitted. & craft gallery, land; painting lean-to to a said that the applicant never brought up bakes or horse rides. He said he had no his mind about approval of application as The application was approved for: "Arts scaping, temporary fence, planting trees, natural color." Chairman Bryson asked for additional comments from the Commission, and asked if anyone had intent to move that the Commission reconsider the application. Councilman Smalley asked the Chairman to explain the process of appeal once again. Chairman Bryson told persons present that if a person feels damaged by the action taken tonight, they can submit a written appeal and it will go before City Council as an adjustment item. Council may rule on the appropriateness of P&Z's decision and override that decision if they find it to be inappropriate. Peloza asked if he could open his business? Chairman Bryson said that the Commission's opinion is that the application is approved at this point. Peloza could operate unless the Council rescinds the Commission's decision. Father Targonsky said he would be filing an appeal and wondered if it would be heard on April 17th, at the Council meeting. RENAI PLANNING & ZONING COMMISSION Page 15 } Mayor Williams requested to make a statement with regards to any future hearings which the Council may enter into on this matter. If a grieved citizen petitions the Council for a rehearing of this matter it will not be heard at the April 17th meeting, giving just due to the needs of the Public for input, this would be scheduled for the first meeting in May. So if the Council rules to hear this on appeal it would not be heard before May. 8. PERSON PRESENT NOT SCHEDULED 9. REPORTS a. City Council Councilman Smalley referred to Council Agenda contained in the packet. Under Item c. the Library will be open on Sundays for a trial period. The approval under h.4 on the Lease Lot 4, BL 10, Etolin Subdivision #3, was the Plumbing and Heating establishment which was approved pending legal research to be sure that the apartment in that complex was allowed by Code. That research had been done and the application was approved. b. Borough Planning Chairman Bryson noted items which effected the Kenai area. One was the Cook Inlet Oil & Gas Lease, area has been previously leased and will be reviewed at an upcoming work session. The other item which will also be considered at the upcoming work session would be the timber harvest in Jackaloff Bay. c. City Administration 10. INFORMATION ITEMS a. City Council Agenda b. KPB Planning Commission Agenda il. COMMISSION COMMENTS & QUESTIONS Commissioner Scott asked that more information be included in packets in the future on projects that the Commission will be reviewing and ruling on. RENAI PLANNING & ZONING COMMISSION Page 16 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, orett ar ey Transcribing Secretary