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HomeMy WebLinkAbout1991-07-10 P&Z Minutes^91 * ~~i _ ~~N 9; _. CITY OF KENAI -_ .:. - ' ~ 210 Fidalgo Avenue >~~rBo I C E N T E N N I A L Kenai, Alaska 99611 y J e ~a ~ t~~a'~a ~~e / TEL~HONE 283-7535 FAX 907-283-3014 KENAI PLANNING & ZONING COMMISSION ****July 10, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 26, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING ,'` ****PUBLIC HEARING**** /a_/ Conditional Use Permit for Bed and Breakfast - Coyle's Landing 6. NEW BUSINESS ~ Home Occupation Permit - Molly Bertling 7. OLD BUSINESS a. Comprehensive Plan Work Session Schedule - August 8th 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS a. .Kenai City Council Agenda - July 3, 1991 b. KPB Planning Commission Agenda - July 1, 1991 c. Board of Adjustment Decision - Nu-State Nursery Variance 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT Next Meetinq August 14, 1991, 7:00 p.m. City Council Chambers RENAI PLANNING & ZONING COMMISSION ~~ ~ ~ ~ °~ -~ ,. ..~. July 10, 1991 ~ City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Phil Bryson, Duane Bannock, Carl Glick, Art Graveley Administration: Jack La Shot Planning staff: Loretta Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: Commissioner Glick moved for approval. Commissioner Graveley seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - June 23, 1991 MOTION AND VOTE: Commissioner Glick moved for approval of the minutes seconded by Commissioner Bannock. Passed by Unanimous Consent. 5. PLANNING a. Conditional Use Permit for Bed and Breakfast - Coyle's Landing Jack La Shot, City Engineer explained that the structure was presently being used as a duplex and the applicant was seeking to turn the building into a Bed & Breakfast (B&B). There was a problem with the KMC for B&B, which states that a B&B be "Owner occupied", also the floor area. which would be used for the B&B was not specified in the application. Tom Wright, husband of applicant, apologized for his wife, who had a family emergency and couldn't attend the meeting. He presented a letter to the Commission in which Ms. Wright stated the reasons she wished to turn the duplex into a B&B. The previous tenants had done extensive damage and the applicant thought a B&B would be a better use for the property. Chairman Bryson opened the meeting to a Public Hearing. He mentioned that two letters had been received and distributed to the Commission (see attachments): 1. Chester and Mavis Cone, they were not opposed to a B&B, but were opposed to the launching of boats from the site. RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 2 2. Loretta Breedan, also had no objections to a B&B, but sited that by code it must be owner occupied. She was also concerned about the possibility of a guiding business operating from this site. Henry Knackstedt P.O. 4003, Kenai, stated that he was not opposed to the concept of a Bed and Breakfast at this site, but was concerned that other activities would be started, such as, a guiding operation or other fishing activities which would utilize the landing, increase river traffic, and erode the river bank. _- He said he had received a pubic hearing notice but hadn't received all of the information that the Commission had received. He asked if the Kenai river would be included in the traffic pattern for the B&B? He said he understood that not all the neighbors had been properly notified by the City. He hoped the Commission could make sure that only a B&B as stated in the application, would be operated from this site. Chairman Bryson said he doubted that anything beyond what was stated on the application would be allowed. Any other plans for activities would have to come back before the Commission. Knackstedt voiced concern that other activities would not be submitted to the Commission. He asked that a stipulation be added to the permit, if approved, stating that no other development besides the B&B be allowed from this site. Joan Hett, 1507 Barabara, said she had no objection to the B&B. She said she did not receive a public hearing notice, but heard about the hearing through a neighbor. She was concerned that someone live on the property to oversee the B&B operation, and was also concerned about increased river use in that area. Hett thought that the existing well and septic tank would need DEC approval. Pam Burnett, P.O. Box 1131, expressed concerns that the site-may be used for a guiding business in the future, the road is not scheduled to be upgraded and there is already heavy usage. Chairman Bryson asked if there were further public comments, hearing none, he brought the issue back to the Commission. MOTION: Commissioner Bannock moved for approval of Resolution 91-22 Commissioner Gliok seconded. Commissioner Bannock noted the City Attorney's comments regarding the Conditional Use Permit, and wondered if there was another permit which would allow Ms. Wright to operate her business from RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 3 this site, such as a lodge, motel, etc. Bannock asked Tom Wright why he felt that neighbors were concerned about a guide business operating from the site? Wright responded that they were not planning on running a guiding business out of this location. Commissioner Graveley asked if Wright had approached the DEC in regards to any B&B requirements they may have, and also what kind of impact this development would have on the present road conditions? . Wright responded they had already gotten all the proper permits from DEC for their duplex. Wright said that Barabara drive was not set up for a high use, it is just gravel. There is traffic along the road but the B&B should not add to the problem. Commissioner Graveley said he had a problem with the Code not being met in regards to the "owner occupied" and also "only 30% of floor space being utilized". Chairman Bryson noted there could not be any further bank erosion allowed in this area. Commissioner Glick said that strictly dealing with the B&B portion of the Code, he could not approve application because it did not fit all criteria for a B&B. Chairman Bryson said that the code does not specifically address trustee in regards to B&B requirements. Commissioner Bannock said he had no problems with trustee vs. ownership but the other issue is if a B&B needs to be "owner occupied". He said he had no objection to the idea for this development but wanted to find another name for it (lodge, motel/hotel, etc.), so it would be allowed. Chairman Bryson reminded Bannock that under a public hearing situation there must be notification of interested parties prior to changes to the application. Commissioner Bannock asked if the Commission had received any additional correspondence in response to the public hearing notices? Chairman Bryson responded, "No" (just letters already distributed). Commissioner Bannock said that none of the respondents stated they had a problem with the B&B. Bannock said he felt that RENAI PLANNING & ZONING COMMISSION July 10, 1991 Paqe 4 these people would not have a problem to change the title of the development.. Knackstedt said he would not have a problem with a B&B, but did have a problem with a hotel/motel. Knackstedt asked that the Commission not assume .they could call the B&B something else and everyone would agree with that. Chairman Bryson said that no matter what it was called it would still be subject to conditions of the code. Commissioner Bannock thought the application showed that Sue Wright wanted to put a caretaker in the duplex and rent it out on a daily basis not unlike a B&B. He asked Knackstedt if he had a problem with that type of operation? Knackstedt said he felt a hotel was a hotel and a B&B was a B&B, they were separate entities, and that tonight the issue is a B&B. Lily Knackstedt, 4003 Barabara, stated that the application was for a B&B and the operation as described on the permit would not fit the criteria under the KMC. If the Commission was going to change the name of the proposed development the neighbors would need time to rethink the situation. Wright said that apparently their application did .not fit the KMC and offered to move into the duplex to fulfill the "owner occupied" criteria until a different solution could be found. Commissioner Graveley asked if the applicant was willing to move into half of the duplex and rent the other half as a B&B? Wright, "yes". Commissioner Graveley said that would still not meet the Code criteria of 30% of floor space used for B&B. Victor Hett, 1507 Barabara Drive, said he was happy to live in a nice quiet neighborhood and felt as long as the neighborhood stayed quiet, he had no objection to the B&B. VOTE: Bannock: Yes Glick: No. Graveley: No Bryson: Yes Motion fails for lack of majority vote. Chairman Bryson informed the applicant that he could file an appeal of the Commission's decision through the City Council. 6. NEW BUSINESS RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 5 a. Home Occupation Permit - Molly Bertling Chairman Bryson noted the memo in the packet which explained that Bertling had applied for a Conditional Use Permit, which was_ granted by the Commission. Upon further review of the KMC, it was determined Ms. Bertling could have applied for a Home Occupation Permit. The filing fee had been returned to Bertling and the Commission was being asked to approve the Home Occupation Permit. MOTION AND VOTE: Commissioner Graveley moved for approval of a Home Occupation Permit for Molly's Wee Care at 313 Cindy Circle. Commissioner Glick seconded. Passed unanimously. 7. OLD BUSINESS a. Comprehensive Plan Work Session Schedule City Council set a special work session on Thursday August 8th, 7:00 p.m. in the Library Conference Room. The Commission agreed to this work session. 8. REPORTS a. City Council Hal Smalley is on vacation. b. Borough Planning Chairman Bryson reported on agenda items. c. City Administration La Shot reported that Steven Peloza was considering building a retaining wall/fence and a horse stable in the Townsite Historical Zone, due to the code, this permit should come before the Commission in the near future. 9. PERSONS PRESENT NOT SCHEDULED a. Becky Tromblee, 510 Mission Ave., asked the Planning and Zoning Commission to please put a hold on all further development in the Townsite Historic Zone until appropriate changes can be made in the KMC to protect the area. Tromblee stressed that she was strongly opposed to horse rides, salmon bakes and other tourist attractions in her back yard. She felt that there needs RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 6 to be a better plan for Old Towne that including clearly written guidelines for any further development. 10. INFORMATION ITEMS a. City Council Agenda b. KPB Planning Commission Agenda c. Board of Adjustment Decision - Nu-State Nursey 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, /AA 9 IA ~ ~~ L retta Har~'v~Y Transcribing Secretary