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HomeMy WebLinkAbout1991-05-08 P&Z MinutesRENAI PLANNING & ZONING COMMISSION ****May 8, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 24, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING ~_ UNA Vic. PZ 91-8: Resubdivision of Petersen Subdivision Addition No. 1 ,.b. PZ 91-9: Resubdivision of Petersen Subdivision Addition No. 2 ,,,~"'. PZ 91-10: Conditional Use Permit - Ron Rainey Bed & Breakfast and Two Cabin Rentals c~': PZ 91-11: Conditional Use Permit - Alaska Department - of Fish and Game - Sonar Site .e. PZ 91-12: Encroachment Permit - Nu-State Nursery and Flower Shop f. PZ 91-13: Encroachment Permit - Alaska Housing & -- Finance Corporation 6. NEW BUSINESS ~.' ,aC. Application for Lease - Lot 4, Block 5, Cook Inlet '~ Industrial Air Park and ROW 7. OLD BUSINESS a. Comprehensive Plan Review and Adoption - Schedule 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - May 1, 1991 2. Appeal of Commission Decision - Mr. & Mrs. Tomrdle 3. Petition to Vacate - Isrealson and Duthweiler 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION May 8, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Bryson, Scott, Murphy Bannock, Rehm, Glick, Graveley, Councilman: Smalley Planning Staff: La Shot, Harvey 2. APPROVAL OF AGENDA Chairman Bryson asked that 5c. Ron Rainey, Conditional Use Permit Application, be moved to the first item under New Business. Addition of 5g. Review of Application for Development in Townsite Historical Zone (TSH): Kenai Bicentennial Convention and Visitors Center. MOTION AND VOTE: Commissioner Glick moved for approval of the agenda as amended, seconded by Commissioner Graveley. Passed by Unanimous Consent. 3. APPROVAL OF MINUTES - April 24, 1991 MOTION AND VOTE: Commissioner Graveley moved for approval of minutes as presented. Commissioner Scott seconded. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. PZ 91-10: Conditional Use Permit (CUP) - Ron Rainey Ron Rainey explained to the Commission that the permit is for a Bed and Breakfast and Cabin Rental. There are several of these businesses already in the area. RENAI PLANNING & ZONING COMMISSION Page 2 May 8, 1991 Rainey addressed the letter of objection from Muhs. He said that this lot was currently for sale and had been for quite some time. The Muhs had also made reference to a septic system being inadequate. Rainey explained that the septic system which would be used for cabin number 2, was a neighbor's system which had been installed on Rainey's property. He allowed the system to remain, but will eventually help his neighbor locate a new system on their property and use this existing system for his cabin. Rainey said he felt this development would be an asset to the area, the one bedroom cabins would be log and the area would be well maintained. Commissioner Graveley asked if DEC approved of the septic systems currently on site? Rainey said that DEC had verified that the septic systems would be adequate for the proposed development. Commissioner Scott asked Rainey if he knew why his neighbors. CUP j (Riddles) for a cabin rental had been turned down? Rainey said that this was denied partially because of him, the Riddles were proposing to put in trailers, not cabins. Commissioner Murphy asked how far cabin 2 would sit back in the lot line? Rainey said that it would sit back 8.5 ft, within the prescribed set back by Code. Commissioner Murphy asked if the cabin could sit in another spot, so it would not obstruct the Muhs view of the river. Rainey explained that the Muhs cabin doesn't face the proposed cabin so this should not be a problem. Chairman Bryson opened the meeting to Public Hearing on the CUP. Seeing none he brought the item back to the Commission. MOTION AND VOTE: Commissioner Bannock moved approval of Resolution PZ 91-10, Conditional Use Permit, Bed and Breakfast and Cabin Rental, Ron Rainey. Commissioner Graveley seconded. Passed unanimously. t RENAI PLANNING & ZONING COMMISSION ~ Page 3 May 8, 1991 b. PZ 91-8: Resubdivision of Petersen Subdivision Addition No. 1 La Shot reported that this plat would establish lot lines on the parcel which James Arness is in the process of purchasing from the City. The Commission had approved sale of this parcel at a previous meeting. MOTION AND VOTE: Commissioner Murphy moved for approval of Resubdivision of Petersen Subdivision Addition No. 1. Commissioner Rehm seconded. Passed Unanimously. c. PZ 91-9: Resubdivision of Petersen Subdivision Addition No. 2 La Shot reported that this plat would eliminate the lot lines to attach the purchased piece of property to the existing Arness plat, making it one large parcel. MOTION AND VOTE: Commissioner Scott moved for approval of Resubdivision of Petersen Addition No. 1. Commissioner Glick seconded. Passed unanimously. d. PZ 91-11: CUP - Alaska Department of Fish and Game Jack La Shot told the Commission that this sonar site had been operating in the present location for five years. Due to concerns over fragile wetlands the City had required that Fish & Game submit proper permits this year, which they have done. Chairman Bryson opened the meeting to a Public Hearing. No one from the public wished to testify. Councilman Smalley expressed disappointment that no one from the Department of Fish and Game had attended the meeting, to answer questions the Commission might have, but he felt that the agency had fulfilled all the City's requirements for the Conditional Use Permit. RENAI PLANNING & ZONING COMMISSION fPage 4 May 8, 1991 MOTION AND VOTE: Commissioner Rehm moved approval of Resolution Pz 91-11: Conditional Use Permit - Alaska Department of Fish and Game. Commissioner Murphy seconded. Passed: 4 Yes: 2 No: 1 abstention. e. PZ 91-12: Encroachment Permit - Nu-State Nursery and Flower Shon La Shot, City Engineer, explained that this permit was for an encroachment but after reviewing the Code, he felt that there were two issues involved. Bannock wants to leave a portion of an existing building in a setback, and also remove a portion, which would fall under an encroachment by Code. There is also a new building proposed to be built in the setback and this would fall under a variance. Bannock owner of Nu-State Nursery, referred to the site plan drawings submitted with the permit. When the property was purchased in 1966, the warehouse was existing, and where the new building is proposed there was a house, which burned last summer. Now they would like to remove the old flower shop and construct a building at the same setback level as the existing warehouse. This would leave more room between the new flower shop and warehouse to unload freight and display shrubs. If the new building is too far back it would shade the warehouse. Chairman Bryson asked if the property had been replatted. Bannock said that McLanes surveyed the property last fall, and .established and staked the setback line. This showed that the old flower shop was about a foot into the street, and has been since the property was purchased. Chairman Bryson asked if there were persons present to participate in the Public Hearing, seeing none the Chairman brought the item back to the Commission. Commissioner Murphy asked what the distance between the buildings would be if the new building was moved back? Bannock said he felt that the distance would remain approximately the same. Commissioner Graveley said he felt that the new building could be contained within the property lines without undue hardship to the property owner. RENAI PLANNING & ZONING COMMISSION Page 5 May 8, 1991 MOTION AND VOTE: Commissioner Scott moved for approval of Resolution PZ 91-12, Commissioner Glick seconded. Passed Unanimously with one abstention. Variance Reauest: Nu-State Nursery and Flower Shop Chairman Bryson asked for Public Comment on the request for Variance, hearing none, he brought the item back to the Commission. MOTION: Commissioner Glick moved for approval of Variance. Commissioner Scott seconded. Commissioner Glick said he would normally vote against a variance but this variance is on a deadend street where there is very little traffic. Also the existing warehouse is already in the ~ street and the new building will be built to line up with the warehouse, so the Commissioner would be in favor of the variance. Commissioner Bannock asked to read Variance Code? Commission concurred. Commissioner Bannock read: "Variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property of the reasonable use of his real property." Commissioner Scott asked what the life of the existing warehouse would be? Bannock said that the warehouse was unheated, but was well constructed and had a good foundation and roof. Commissioner Scott asked how the new building would be constructed? Bannock said it would have a full basement on a concrete pad. Commissioner Graveley asked Bannock if it would be an undue hardship to move the building back 12 feet? RENAI PLANNING & ZONING COMMISSION Page 6 May 8, 1991 Bannock said he could, but it would make it very crowded and he needs the extra space to display shrubs. Commissioner Rehm asked if the new building was move 10 feet closer to the existing Flower Shop, how would that effect the buildings? Bannock said it would cut down the space between buildings and he needs the space for shrubs from the warehouse which are displayed in this area. Commissioner Graveley asked Bannock if he had considered constructing the building horizontally, which would reduce the space between buildings by six feet, but still leave adequate space for trucks, etc. Commissioner Bannock said that if Bannock could do this he would not have to come before the Commission. He is asking for a relaxation specifically addressed in the Code. Commissioner Rehm stated concern about the Commission being consistent as similar situations occur. VOTE: Yes-3: No-3: Abstain-1. Motion defeated due to lack of majority. Chairman Bryson informed Bannock that he could appeal the Commission's decision to the City Council by submitting a written appeal to the City Clerk. f. PZ 91-13: Encroachment Permit - Alaska Housing & Finance Corporation La Shot explained that the encroachment would be for property on Birch St., between 4th and 5th, to encroach 1.4 feet into setback, in a residential zone. The staff had reviewed the permit and applicant appears to have met all the requirements of the Code for the encroachment. Chairman Bryson opened the meeting to Public Hearing, hearing no requests he brought the item back to the Commission. Commissioner Rehm asked if a new as-built had been requested. RENAI PLANNING & ZONING COMMISSION Page 7 May 8, 1991 Glenda Feeken, Remax, said that the as-built had been done in 1990, and appeared to coincide original as-built. MOTION AND VOTE: Commissioner Murphy moved approval of Resolution PZ 91-13. Commissioner Glick seconded. Vote: Yes-5: No-2: Passed by majority vote. g. Application for Review of Development in TSH Zone - KBVCC La Shot presented the plans and specs for the Kenai Bicentennial Visitors and Cultural Center. Chairman Bryson told the Commission he would be abstaining from voting on this issue and he turned the gavel over to the Vice Chairman, Art Graveley. ~ MOTION AND VOTE: Commissioner Murphy moved approval of TSH Zone Application for Development. Commissioner Scott. Passed Unanimously with one abstention. 6. NEW BUSINESS a. Application for Lease - Lot 4, BL 5, Cook Inlet Industrial Air Park and ROW La Shot explained that this business was currently leasing the lot since 1985 and the lease will expire June 30, 1991. The applicant, Jackson's Sales and Service, intends to continue to use the property for an impound and storage yard. Commissioner Murphy expressed concern about the fencing around the property, wondered if Jackson can be encouraged to maintain this fence. La Shot answered that he had reviewed the Code and that fencing seemed to be required. Jackson would be required to keep the fence as long as he continues the present activity in this zone. ' ' ., RENAI PLANNING & ZONING COMMISSION Page 8 May 8, 1991 MOTION AND VOTE: Commissioner Bannock moved to recommend to Council approval of Application for Lease - Lot 4 Block 5, Cook Inlet Industrial Air Park. Commissioner Scott seconded. Passed Unanimously. 7. OLD BUSINESS 7 b. Comprehensive Plan Review and Adoption - Tentative Schedule La Shot asked the Commission if they wanted to have a work session with Council at the next meeting. He also asked if there were any changes the Commission would recommend before the work session. There were none. La Shot recommended that a review of the Townsite Historical Zone be included in the Comprehensive Plan. Commissioner Scott said that she would be out of town from May 16-26th, but could submit her comments in writing regarding the ~ Comp Plan. A tentative Work Session was scheduled for May 22nd from 8 - 10 p.m. pending Council's approval. 8. REPORTS a. City Council Councilman Smalley reported on the Tomrdle appeal of the Planning and Zoning Commissions denial of his application for development in the TSH Zone, the applicant had withdrawn the appeal until further review of the Townsite Historical Zone. Tomrdle also requested that he be asked to serve on any Committee which might be appointed to review the TSH Code. The City Park on Forest Drive had been closed to overnight camping beginning May 15th. b. Borough Planning Chairman Bryson reported that a lease for a wood processing facility had been granted in the Cooper Landing area. c. City Administration None. RENAI PLANNING & ZONING COMMISSION Page 9 M8y 8, 1991 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. City Council Agenda - May 1, 1991 2. Appeal of Commission Decision - Tomrdle 3. Petition to Vacate - Duthweiler and Isrealson 11. COMMISSION COMMENTS & QUESTIONS Commissioner Bannock read a statement that he had prepared for Council, and asked that it be added to the record. "I am incredibly disappointed in the decision to turn down the variance permit to Nu-State Nursery. What is the use of a variance permit when this Commission is afraid to use it. Property owners have rights that are protected and when a body like this has specific reasons to grant the property owner what he requests I feel we are obligated to grant the request. Why else is a variance permit addressed at all?" Commissioner Scott asked if the Foster permit was in compliance with the Conditional Use Permit which had been issued for a gravel pit and RV Park. The Commissioner felt that under the Code the time had elapsed for the RV Park to be completed. Loretta Harvey, Planning Secretary said she would try to research this for the next meeting. Commissioner Murphy asked about the Kasprisin Report and requested a copy. La Shot offered to provide copies for the Commission at the next meeting. Commissioner Scott asked for an excused absence from the next meeting as she will be on vacation. So noted. 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectful-y submitted, ,._ e2 etta' ar y 1 Transcribing Secretary