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HomeMy WebLinkAbout1991-04-24 P&Z Minutes/ _. RENAI PLANNING & ZONING COMMISSION UNAPPROVED ~ ****April 24, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 10, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING ~,,~. Application for Development in TSH Zone Thomas & Kathryn Tomrdle 6. NEW BUSINESS -~'a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD b. Petition to Vacate - Lots 5 & 6 Dragseth Subdivision 7. OLD BUSINESS CONTINUATION OF PUBLIC HEARING ~~ ,. a. Res PZ91-7: Conditional Use Permit Application - Jerry & Evelyn Huf b. Comprehensive Plan Review and Adoption - Tentative Schedule 8. REPORTS a. City Council b. Borough Planning c. City Administration '9. PERSONS PRESENT NOT SCHEDULED 1®. INFORMATION ITEMS 1. Kenai City Council Agenda - April 17, 1991 2. KPB Planning Commission Agenda - April 15, 1991 3. Alaska Planning Association Newsletter 4. Article Regarding Property Owner Rights 5. Resolving Common Platting and Zoning Problems #17 Seminar 6. Letter from Alan Boraas 11. COMMISSION COMMENTS & QUESTIONS 'l 12. ADJOURNMENT ~ RENAI PLANNING & ZONING COMMISSION April 24, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL 3. Present: Commissioners: Bryson, Scott, Bannock, Rehm, Graveley, Smalley Planning Staff: La Shot, Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: Commissioner Scott moved for approval of the minutes as corrected, seconded by Commissioner Bannock. Passed by Unanimous Consent. 3. APPROVAL OF MINUTES - April 10, 1991 i MOTION AND VOTE: Chairman Bryson made note of several changes in the minutes: page 6. Under Pelota testimony change "expounded" to "expanded". page 8. Change name Cleta Shadura to Leda Shadura-Schmidt. page l0. Chairman Bryson's statement changed to read "felt that there were three items verbally stated which were not written in the application" Commissioner Rehm moved for approval. Commissioner Scott seconded. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Application for Development in TSH Zone Thomas & Kathryn Tomrdle Jack La Shot, City Engineer, introduced the application by stating that the Tomrdle's intentions were to remove a shed and a log outbuilding and to construct a metal storage building. The Code discourages construction of metal buildings, but is also open to interpretation on this issue. RENAI PLANNING & ZONING COMMISSION Page 2 Commissioner Bannock asked Tomrdle if the buildings in the pictures included in the packet were the ones which would be taken down and also if the metal building would be in this same spot. Tomrdle answered yes, those buildings would be removed, but the new construction would set back farther in the lot. Commissioner Bannock said that he had reviewed the TSH Zoning Code and felt that the metal building would be a problem, due to the way the Code reads. Bannock then read from the Code under KMC14.20.105, Section d (2): "Discourage uses which will violate the historic and scenic quality of the TSH Zone; buildings and building additions that are not compatible in height with adjacent buildings or which violate the existing scale of the district; metal buildings; quonset but style buildings; buildings with a "modern. design" style of architecture; more than duplex residences; gas stations; auto repair shops; rental storage of any kind; junk; kennels or similar uses." He asked Tomrdle what he could do to make his proposed development compatible with the Code. Tomrdle responded that he felt the building would be compatible. Commissioner Graveley asked if the log building might be moved to the historical area. Tomrdle said that the building has no real historical value as it was built in the '50's. Graveley asked if Tomrdle would consider building a wooden structure which would adhere to the Code. Tomrdle said he had looked at several options and asked the Commission if T1-11 would be more compatible or a nice metal building in a natural color. Graveley said he felt the Commission had to stay within the guidelines before them. He said he would like to be able to work with Tomrdle. Tomrdle said he could put up a building with T 1-11, and the Commission would approve that, but it would look bad. He said he needs to store his equipment and he owns the three surrounding lots. Commissioner Rehm noted that on the application Tomrdle mentioned painting a mural on the building, he asked if Tomrdle would paint a mural eventually? r y E RENAI PLANNING & ZONING COMMISSION Page 3 Tomrdle answered that he would not paint a mural, but if the public desired he would try to get the artist who had done other murals in Old Towne to paint one. Chairman Bryson asked the Commission if he could entertain comments from the floor. Hearing none, he brought the item back to the Commission for action. MOTION AND VOTE: Commissioner Graveley moved for approval. of the application for development in TSH Zone - Thomas & Kathryn Tomrdle. Commissioner Bannock seconded. Denied unanimously. Chairman Bryson mentioned that if the applicant did not agree -with the Commission's decision., they had the right to submit a written appeal to the City Clerk. The City Council would then act as a Board of Appeals on this application. 6. NEW BUSINESS a. Petition to Vacate - Sections 7 & 18, T5N, R11W, SM, KRD La Shot explained that the vacation was the path of the old Cannery Road, half is in the City and half is in the Borough. As stated the surrounding property owners were having trouble with litter in that area and were requesting a vacation. This was a public access, which should also be considered by the Commission. Chairman Bryson asked if there is another legal access to the beach, in that area. .Commissioner Scott asked who owns the beach? La Shot said to his knowledge, from the high water mark seaward it was public land. MOTION AND VOTE: Commissioner Scott moved for approval. Commissioner Graveley seconded. Chairman Bryson reminded the Commission that this was not a public hearing item, but asked if there was any objection to hearing public comment on this item. Hearing none, the Chairman opened the floor to public comment. RENAI PLANNING & ZONING COMMISSION Page 4 Fred Duthweiler petitioner and property owner bordering the vacation site. There is an access to the south of said property which local residents use for public access. The people who use the portion which is requested to be vacated are cannery workers, who camp there and use the site for bathroom facilities, and leave garbage and debris in that area. Mary Ellen Isrealson, a surrounding property owner also spoke about the problem of litter and policing of the area, due to the fact that the easement being in the half in the Borough and half in the City. She said that the area was a high tax dollar area and objected to the public using the beach for a bathroom there. She also felt that there was. increased wear and tear on the dunes in that area, due to people using this area. VOTE: Petition to vacate - Sections 7 & 18, TSN, Ri1W, SM, KRD passed unanimously. b. Petition to Vacate Utility Easement - Lots 5 & 6 Dragseth Subdivision La Shot explained that this application is to vacate a utility easement. No City utilities would be effected by this vacation. Chairman Bryson asked for public comment. Hearing none, he brought the item back to the Commission. MOTION AND VOTE: Commissioner Graveley moved approval of Petition to Vacate. Commissioner Scott seconded. Passed unanimously. 7. OLD BUSINESS a. Res PZ91-7: Conditional Use Permit Application - Jerry & Evelyn Huf Continuation of Public Hearing from April 10 1991• Chairman Bryson - opened up the public hearing reminding persons present that any discussion of personalities or issues which are not germane will be deemed out of order. A 4 minute time limit will be imposed on testimony, and if the speaker needs more time they should get pre-approval from the Commission. '' RENAI PLANNING & ZONING"COMMISSION Paqe 5 Richard Smith, property owner of Tract 2 Jack Webb Subdivision, testified that they use the site for a cabin on a year round basis. He said that he felt this use was not compatible with the existing neighborhood. This CUP would be for a multi-unit development, which is not allowed in that area. He said that the creek is very shallow in that area and the boat rentals would have an adverse effect during low tides. Smith passed out some pictures which were taken April 15th on Beaver Creek. He noted that many of the residents use .pulley ropes to anchor their boats in the middle of the creek, so they don't block the creek access. The creek is also a king and silver salmon spawning creek. There are a few Bed and Breakfast facilities down the creek, where the water is wider and these are more limited uses. Wyman Keen, 625 Ames, said that there was not good access to the creek in that area, the bank is mud. The area is currently zoned Rural Residential, and if this facility was allowed, there would be increased traffic and dust. Keen added that he was quite opposed to this Conditional Use Permit. .Jerry Huf, applicant said that his application was for 4 cabins and 4 boats with a maximum of 16 people. In regards to the creek, Huf had measured the creek at 85 feet wide and 6 to 8 feet deep. Huf had applied to the Corps of Engineers for a dock, which would be built on pilings, and would extend 25 ft. from the bank. He said that the fish which spawn in the creek, spawn about one mile from the site of his proposal. The only way to access the .creek is to have a dock, which goes across the mud. Huf added that the area was mostly recreational with many of the lots being used for travel trailers or seasonal cabins. He realized that there were some residents close by, and that he would not want to be a burden to his neighbors. He said that he felt the proposal was planned to avoid noisy tenants. He felt that people who would spend money to stay in these cabins, would come to fish, not to party. Alvin Fleetwood noted the letter he had sent for the April 10th meeting. He is a 34 year resident of Alaska and selected Tract 2 in Jack Webb Subdivision for his retirement property. This tract was selected because the zone was for rural single family zone, the location on a small waterway access which could not accommodate anything but minor boat activity, and also the tract is far enough up Beaver Creek to keep the family away from the overcrowded situation on the Kenai River. RENAI PLANNING & ZONING COMMISSION Page 6 Fleetwood felt that if the Conditional Use Permit was allowed it would destroy the integrity of the neighborhood. The proposed development is not compatible with that area. Harmon Hoffman, expressed that one of this proposal will ruin the integrity People bought in that area because it noted that a Bed and Breakfast was lo. but the creek was wider in that area, controlled situation. Unlike the Huf be constantly regulating the activity his main concerns is that of the neighborhood. was rural residential. He ~ated further up the creek, and that this would be a facility where no one would in the area. Hoffman expressed concern over dust and traffic increases, and the policing of this area. Chairman Bryson asked for further public comment. Hearing none, he brought the issue back to the Commission. MOTION: Commissioner Bannock moved for approval of PZ91-7, Conditional Use Permit for Jerry & Evelyn Huf. Commissioner Scott seconded. Commissioner Bannock said that he didn't have a problem with this permit, but was concerned over the boat rental portion of it. La Shot also lives in Basin View up the creek from the proposed CUP. Applicant has a permit pending with the Corps, which would probably effect whether or not a dock could be built to facilitate the cabin and boat rental business. Chairman Bryson expressed concern over whether the creek could sustain commercial use. Commissioner Graveley felt that this development would ruin the integrity of the neighborhood and is not .compatible with the area.. He felt that the Commission should not allow development up Beaver Creek. Commissioner Scott stated for the record, she has property adjacent to Basin View and at the previous meeting the Commission had seen no conflict of interest. She worried about novices operating boats in the creek. Other Conditional Use Permits which have been granted in the area are for guided boats. The Code is very specific about what will happen in a Bed & Breakfast, but the CUP code states that uses must be similar to primary intent of zone. The intent of this zone is rural residential, so she felt she could not support this permit. RENAI PLANNING & ZONING COMMISSION Page 7 Chairman Bryson called for the question. VOTE: The motion failed by unanimous vote. Chairman Bryson informed the applicant that he could submit a written request to Council to appeal this decision. Chairman Bryson asked. the Commission if 9. Persons Present Not Scheduled could be heard at this time in the meeting. He asked if anyone from the public would like to speak. Leda Schmidt said that she would like to hear any Commission comments which might pertain to the letter the Commission had received from Alan Boraas, concerning the development in the TSH Zone, by Steven Peloza. Commissioner Bannock presented a letter to the Commission which supported the decision he had made in support of Peloza's proposed art gallery. He said that he would be passing the letter on to the City Council, not as a representative of the Planning and Zoning Commission, but as his personal opinion on this issue. He said that he felt it was very important that Council members visit this site to base any further opinions on their own information about the development, not on media reports. The Commissioner had spoken to the Administration about Reverend Targonsky, being referred to as "Reverend", which is his official title. Commissioner Scott stated that Alan Boraas had submitted an interesting proposal. She felt that perhaps the city should investigate the costs of consulting with an historic architect to determine ramifications of further development in this zone. She felt the whole Ordinance may need to be looked at from some different perspectives, maybe from an historian's perspective. Commissioner Bannock agreed that there are alot of problems with this Ordinance, but it is the Commission's duty to go by this Ordinance. Ninety percent of the Ordinance is based on building permits, not activity, which may be a lot of the problem. Commissioner Smalley said that at one time a study had been done on downtown, by the Kaspirin Group. Part of the envisioned part of that study was the restoration of old buildings in Old Town, which would enhance the integrity of the zone. They wanted to encourage development in this area, which is why the zone was set up to be reviewed on an individual basis. He said that Boraas's reference to questionable and tawdry was in the eye of the beholder, but other then that statement he agreed with the content of the letter. RENAI PLANNING & ZONING COMMISSION Page 8 7 b. Comprehensive Plan Review and Adoption - Tentative Schedule Jack La Shot referred to the Draft copy of the Comprehensive Plan the Commissioners had received before the meeting and asked them to review it and bring back suggestions to the next meeting. 8. REPORTS a. City Council Councilman Smalley, had missed the last Council meeting but reported actions on items on the City Council Agenda. b. Borough Planning Chairman Bryson noted KPB Planning Agenda. c. City Administration None. 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. City Council Agenda - April 17, 1991 2. KPB Planning Commission Agenda - April 15, 1991 3. Alaska Planning. Association Newsletter 4. Article Regarding Property Owner Rights 5. Resolving Common Platting and Zoning Problems #17 Seminar 6. Letter from Alan Boraas 11. COMMISSION COMMENTS & QUESTIONS Commissioner Scott asked that the Staff prepare a report on the Foster's and Riddle's Conditional Use Permits which are located in Angler Acres. 12. ADJOURNMENT There being no further business the meeting was adjourned. Respe tfully submitted, G'~~ retta arve Transcribing Secretary