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HomeMy WebLinkAbout1991-07-24 P&Z Minutes19, * ,99 1 ~!-~Nqi ;. - CITY tOF KENAI P ~ , \~.{/~j ~~~~I~~L~~ Tom. / n / ~'I~~rG~//[/W/ ~ ' ~ 210 Fidalgo Avenue B I C E N T E N N I A L Kenai, Alaska 99611 1Y~e wrlJ~a~ t~~wl~G a ~lC~il~ ~ T'ELEPHONE 283-7535 FAX 907-283-3014 KENAI PLANNING & ZONING COMMISSION July 24, 1991 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - July 10, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS fit. Resolution - 91-24: Conditional Use Permit - Bed & Breakfast William & Sandra Altland 5. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING .~.~r`" Home Occupation Permit -Debbie Roberts, Discovery Toys 9. REPORTS a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS a. City Council Agenda - July 17, 1991 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION July 24, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Councilman: Administration: Planning Staff: Phil Brysan, Tom Murphy, Duane Bannock, Saylor Rehm, Art Graveley Hal Smalley Jack La Shot Loretta Harvey 2. APPROVAL OF AGENDA Chairman Bryson noted several additions to the agenda: 8b. Development in Townsite Historical Zone - Steven Peloza 8c. Res. PZ 91-26 Changing Ryan's Drive to Spur View Drive 10. Sharalyn S. Wright - Persons Present Not Scheduled MOTION AND VOTE: Commissioner Murphy moved for approval of agenda as amended. Commissioner Graveley seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - June 10, 1991 MOTION AND VOTE: Commissioner Bannock moved for approval of minutes as presented. Commissioner Rehm seconded. Passed unanimously. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Res Pz 91-24: Conditional Use Permit for Bed & Breakfast - William and Sandra Altland William Altland, 610 Set Net Drive, explained that Bed & Breakfast, (B&B) would be in a part of their house which was used as a "mother-in-law" apartment. There is a separate driveway into the area which would accommodate several vehicles. There is a small kitchen, dinette area, bathroom. and sunroom. Mr. Altland is a guide on the Kenai and would like to make this available to his clients, mainly families or couples. Chairman Bryson opened the item to Public Comment: Hearing none he brought it back to the Commission for action. MOTION AND VOTE: Commissioner Graveley moved for approval of Resolution PZ 91-24: William and Sandra Altland, 610 Set Net Drive for Conditional Use Permit for Bed and Breakfast. Commissioner Murphy seconded. Passed unanimously. 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING a. Res. PZ 91-25: Home Occupation Permit - Debbie Roberts ` MOTION: Commissioner Bannock moved for approval of Resolution PZ 91-25: Home Occupation Permit for Discovery Toys to Debbie Roberts. Commissioner Graveley seconded. Passed unanimously. b. Application for Development in Townsite Historic Zone - Steven J. Peloza Steven Peloza, 514 Overland Drive, explained to the Commission that the development is still in initial phases, but its a retaining wall, with sturdy uprights and framework and would be 10 feet high and 80-90 ft. across. Commissioner Murphy asked where the wall would be located on the property? Peloza said it would be behind the gallery, he has put alot of fill in the area and this would keep the fill from eroding. Commissioner Graveley asked what the method of anchoring the horizontal poles would be. Peloza said they would be bolted on the inside and notched. Chairman Bryson asked how the wall would effect the neighboring property? Peloza said the wall would be approximately 5 feet at the neighbors property line, below the level of the neighbors present fence. (Peloza drew a diagram on the board and explained that it would be in neutral area.) Commissioner Graveley asked if the neighbor knew about Peloza's plan to build the retaining wall? RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 3 Peloza said she knew about it and wasn't too happy, but the wall will not effect her. Chairman Bryson expressed concern that all fill material remain on Pelota's property and not get on neighboring properties. Commissioner Bannock noted that the applicant and the property owner needed to sign the permit. MOTION: Commissioner Bannock moved for approval of Application for Review of Development in Townsite Historical Zoning District - Steven J. Peloza. Commissioner Graveley seconded. Jack La Shot, City Engineer, explained that the wall would run above a City sewer line and the applicant needed to be aware of the responsibilities which go with building on top of a utility easement. VOTE: Passed unanimously. c. Resolution PZ 91-26: Changing Ryan's Drive to Spur View Drive MOTION AND VOTE: Commissioner Graveley moved approval of Resolution PZ 91-26, to rename Ryan's Drive to spur View Drive. Commissioner Murphy seconded. Passed unanimously. 9. REPORTS a. City Council Hal Smalley reported that the City Council will have a Work Session with Carrs July 31st to discuss plans for old building, all interested parties can attend this session. Ground breaking for this facility will be held July 30th. b. Borough Planning None c. City Administration None. RENAI PLANNING & ZONING COMMISSION f July 24, 1991 Page 4 10. PERSONS PRESENT NOT SCHEDULED Verbatim• Sharalyn "Sue" Wright - "Hi, I'm Sue Wright, 1501 Barabara Drive, new address. I'm not certain exactly what the procedure is, hmm, Commissioners, last meeting I had requested a CUP for some property which I presently own at 1501 Barabara drive. I was out of town, my husband appeared in front of you folks and was not able to - answer a number of questions that you had. I'd since contacted, I '~ believe everyone who testified, and I believe the vote was 2 to 2 to not issue that permit. I'm not certain what prevailing action is termed as far as if there's going to be any kind of a reconsideration, but I felt it necessary to clarify any points or questions that you folks had, prior to the time of being turned down or approved. I don't think that probably the last meeting was truly representative of the meeting I want to be satisfied with as far as answering all your questions. Basically that's what I'm here for, I'm not certain what your procedure is, as far as asking me anything that you feel you might want to know." Commissioner Bannock, "Mr. Chairman, I had just a couple of thoughts on this, this evening. I spoke with Sue Wright on the phone and in your letter you said that the house was a rental and that situation did not work out right. If a rental is okay in there, what is it about a B&B that you have to have? The title B&B, why can't you just continue to rent it out with someone, and if I wanted to rent your house for a night, and knew there was going to be someone living there, I don't see why, you know I was thinking about this, what is in there that is gonna require that Sue Wright have to have a B&B permit to start with, to have an overnight renter there?" Commissioner Graveley, "I think what the difference is, is huh, to get a Bed and Breakfast for advertising purposes, B&B carries wight, huh, and that aspect and that's where is falls under the proper codes, under the Bed and Breakfast code." Sue Wright, "If I may interject, I think I could probably get around having to get a permit for renting it by the night, and it would certainly be less work for me, and certainly have involved a lot less time. I was not aware of that, until this came before the Commission, and I don't intend on having a guide service there, I don't intend on having a lodge there. We have put probably in the last two years, in this building almost $30,000 in damages that tenants have done, a freeze up in March when I was out of state." RENAI PLANNING & ZONING COMMISSION July 29, 1991 Page 5 "I would. like, during the summer months to use it as a bed and breakfast or establishment that will enhance the building. During the school year I would like to get a nice single, little old lady with references, who won't tear the place up again, because quite honestly, I have put three coats of paint on the inside, the insurance company has just put another, and I don't intend on having anyone in there again without references and practically a blood donation I don't have the time. And the building where it's at, it looks the best and it is the best that it's been since Waldo and Ruby Coyle owned it." - "Now there was some questions about having a trustee apply, and there, I am prepared to share with you that on the death of Waldo on May 23rd, the trust at any point, can come to a halt. The trust, excuse me, can be liquidated, I should say. The trust, at that point, is liquidated in my name, so not only am I the trustee, I am the owner of the property if I choose to do that at any time. I'm waiting for the IRS to tell me that they got the original paperwork in April before we do that. So, whatever the circumstances are, I'm the person that has to answer for anything that goes on in that house." "Hmm, I think as far as the bed and breakfast goes, I don't object to living in the home for the summer, it's a nice peaceful place and you can swing a fishing pole off the front door and catch all the reds that you want. I have no problem with staying there, I did hire a while ago, someone to live in the basement apartment for the specific purpose of taking care of the bed and breakfast, if that's the route that we choose to go. At this point, I'm gonna have to honor that agreement with this woman, who is a very responsible individual whether or not I get this permit, hmm, if necessary I will stay at the house, my legal address on my drivers's, ladies and gentlemen has been changed to read 1501 Barabara Drive. Hmm, there's a big penalty for lying on your driver's license. I'm not going to lie on my driver's license. Anyone can show up there at 2:00 o'clock this morning and I will be staying there." "It is not my intent to deceive anybody. I'm not asking the Commission to grant me any kind of a permit which will be objectionable to any of the neighbors, I believe, as long as I don't have the guide service. Any other questions? And I'm familiar with the appeal process to the City Council, what I am looking for is for someone to reconsider this vote. There was a question about prevailing parties, as far as the vote goes, originally. Robert's Rules of Order, as far as I can tell, is not clear, in a tie, who the prevailing party is. We might need a legal opinion, which will make it another two week process, as far as who should ask for reconsideration, but I feel that I need to answer all of your questions." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 6 Art Graveley, "One of the other questions I had on this issue was brought up that this is a duplex, was a duplex?" Bue Wright, "Yes". Art Graveley, "Under the Bed & Breakfast rules, which I think has some variance on the decision to vote was the way the rules are, the way the ordinance is, only, no more then 30% of the premise may be a B&B. Where you get into a black and grey area, is when you have a duplex and the way I see it, in my perception, is you're looking at living in one half, that doesn't mean you can rent the other half out as a B&B. You have to rent it out of the same half, that's the way I perceive it. Sue Wright, "Commissioner Graveley, I have a question. The B&B permit you just issued and approved, is a very similar situation, it was a grandmother's apartment. And that was approved, I'm not certain that I can answer that question for you. I guess I could ask the square footage here." Commissioner Graveley, "Other then what they had was not "a duplex." Sue Wright, "I'm not sure this has ever been zoned a duplex. There are two apartments one up and one down." Commissioner Graveley, "See that was brought up two weeks ago." Sue Wright, "I'm not certain, I may be using the incorrect terminology." Commissioner Rehm, "Just as a note, I did add up the square footage on the last one it was less then 30% and from what I read of the Code, duplex, single family house, fourplex, has nothing to do with it, we're talking about 30% of the total floor area." Commissioner Bannock, "And to rely on a little bit of history, we had a fourplex in VIP that we gave one quarter of one unit of the fourplex. We did tackle that issue and we said, it's under this roof so we gave 250 of this roof and so they got 100% of 1 quarter of the whole unit." Sue Wright, "I'm not sure how you guys figure this out." Commissioner Graveley, "As long as we're running down the same track." Chairman Bryson, "Okay, anything else you'd like to present, Sue?" Sue Wright, "Not a bit, not unless you have more questions?" RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 7 Chairman Bryson, "In looking at the vote tally, I haven't talked to her or anything, but it would be my ruling, that the prevailing side was the rejection of the item. Of the persons that voted, there was two that voted in favor and two who voted against it, and two people here who were not at the meeting, so technically there is only one person here who can make a motion for reconsideration." Commissioner Graveley, "I would like to make that motion for reconsideration, if it's appropriate, Mr. Chairman." Chairman Bryson, "Is there a second to that motion? Anyone can second it." Commissioner Rehm, "I'll second it." Chairman Bryson, "Okay, we have a motion for reconsideration which is on the floor for discussion." Commissioner Rehm, "Mr. Chairman, again I have no problem with the B&B, again as long as 30% of the total floor area is all we're using." Commissioner Graveley, "I think it holds with that, I agree with that and add to that, that we stay within the Code that the applicant must be a resident of the building." Commissioner Murphy, "Are we just voting on reconsideration now?" Chairman Bryson, "That is correct. We would be voting to overturn the prior motion, and at that point we would be entertaining another motion on the issue. Hearing no further discussion on the motion to reconsider, roll call vote please." VOTE: Bannock: Yes, Murphy: Yes, Rehm: Yes, Graveley: Yes, Bryson: Yes Chairman Bryson, "Alright, I would like to get the motion for approval, at this point.. A positive motion would be desired." MOTION: Commissioner Graveley, "I'll make a motion for approval of Resolution PZ 91-22, Bed and Breakfast for Sue Wright at 1501 Barabara Drive." Commissioner Murphy seconded. RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 8 Chairman Bryson, "Alright discussion on the motion. I might add, that the Attorney will be looking at this concerning the legality of coming up for reconsideration at a meeting separate from the action. Further discussion on the motion?" Commissioner Bannock, "I had a question for Sue Wright in regards to the application. There's been alot of discussion to the percentage of the place. Is it safe to assumed that this is a 50/50 split between these two houses, or the two living quarters?" Sue Wright, "No." Commissioner Bannock, "Can you give me an idea, about what kind of numbers we're talking about then? Because I'm not familiar with the inside, or anything like that." Sue Wright, "My quesstimate, and this is a quesstimate, would be basically that the upstairs apartment would encompass probably 75 to 800 of the entire building. Now that's a guess, because this used to be a log cabin and I would have to measure exact square footage, and I would be glad to do that. Less then half, way less then half, I would guess, maybe 20% of the living space on the top floor. So you're talking a very small area, very small bedrooms, much larger area on the middle floor, and a somewhat smaller area there. So percentage wise it's going to be real difficult for me to tell you." Commissioner Bannock, "Could you give me an idea, percentage wise how much of the total square footage would be dedicated to the proposed B&B?" sue Wright, "Of the total square footage of the entire building?" Commissioner Bannock, "Righto." sue Wright, "I'm guessing 20 to 25%, and that's a guess." Commissioner Bannock, "And so if the Building inspector was to come in with a measuring tape, would you feel confident that you would be less then 30% of your total square footage that would be dedicated to the proposed B&B?" Sue Wright, "Yes." Chairman Bryson, "Jack do you have a comment?" Jack La Shot, "In the past, I think normally, we have considered only bedroom areas as the areas being rented in a B&B. We haven't really counted common areas that might be used. So usually it's not hard to meet a 30%." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 9 Commissioner Bannock, "We are really splitting hairs here." Jack La Shot, "If we were to go in, if the Building Inspector was to go in and to measure, he would probably measure bedrooms." Sue Wright, "And that's what my assumption was." Commissioner Bannock, "Theoretically you would be even less?" Chairman Bryson, "Yes, by comparing bedrooms to the total square footage as determination." Commissioner Bannock, "Theoretically it would be even less." Commissioner Graveley, "But the Code says no more then 30% of the total floor area, doesn't say anything about "bedrooms." Commissioner Bannock, "No, no, no, no, may I use the blackboard? Give me a rough idea of how many total square footage you have? " Sue Wright, "Can I just draw?" Commissioner Bannock, "Not even floors, just total, we're going to draw a box, just total square footage. The basement, upstairs, ,downstairs rounded off to the nearest 100,000." Sue Wright (drawing on blackboard), "To the nearest 100,000, I believe that this much would encompass the basement apartment, this may be the common area, now in using, a little bit more then that, we'll take this too. In using the term B&B, when you rent an area I am assuming that the bed you rent is in a bedroom, not a bathroom, although you have privileges for that room, that is a common area that is shared, as is the kitchen and living area, entryway and stairway. I would guess that this much is going to be rented here. That is a guess, because I don't have the square footage on my person. Now if you'd like me to draw a map, or a rough blueprint, I can show you also, because I'll be staying down here (pointing to basement area). There are 2 bedrooms down here, also. now I don't know if that's clear, I don't have a blueprint of the house, because the house was not built with blueprints." Chairman Bryson, "Well to the extent that she conforms to the 30% rule, maybe just an outline of the building on file with the Administration would suffice as to affirm that." Councilman Smalley, "I am a little familiar with the house because years ago Swan's used to live there and so the B&B is going to operate in the middle floor, and you're just going to live in the apartment downstairs?" RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 10 Sue Wright, "I'm going to stay wherever's free, as long as I'm in that building, unless you folks want to assign me a bedroom. (laughter) I mean I'd go for that too, because quite frankly, I'm, I'll do whatever it takes to get this building so I ..." Councilman Smalley, "Just looking at that from the downstairs versus the middle floor and the upstairs the percentages may be different then stated. Depending upon interpretation, because it probably, I'm not gonna say 60/40 but probably 55/45." Sue Wright, "Un-huh, No, the bedroom space upstairs is not even half of the living space downstairs. That's extremely small, that's an attic, my husband can't even stand up in that area, very small. Aaa, the bedroom's average 10 by 10, so that's 100 square feet, somewhere in that neighborhood, I don't know exactly for sure, but I do know that we can't move a queensize bed up there, because the area just won't allow it, it's very small. It's been a cabin that's been in existence for a long time, we've just renovated the inside, many times. I can submit a blueprint type form if you folks need it." Commissioner Murphy, " I was going to make the comment that I think that if we ever went to strict interpretation of the City regulations, of 30% of the total square footage that you would find, probably every B&B in this town could not comply. So I think that we need to look at, realistically, perhaps we need to look at the regulations that govern this. Because realistically I think what we need to look at is the bedroom area, which is what we've commonly done, rather then the total square footage area." Sue Wright, "Well if I can just add something, in talking to the other folks who have B&B's, one of the things I am hearing is that the ordinance is interpreted differently for different people, by different people. And I think it's a little vague in many places and the procedure for applying for the B&B permit and what to expect, and it would have certainly for me to have a set procedure written down, so I knew what to expect. And what was required, where as it was my understanding that an entire packet wasn't necessary the first time around, that I could present that at the Planning Commission meeting." "Hmm, I had a couple of people down the road call me and say, "I never even got a letter," and I went down and I talked to every person that lived on that road, with the exception of one and I didn't know that he owned the 1 acre lot. It might be helpful for you folks to look at that ordinance and look at the regulations and make some suggestions." RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 11 "Because I see alot of B&B's coming out of the wall, some in my neighborhood, in VIP some where I'm at and some other places and it's sad when you have different interpretations for different people. If it was all written down in black and white and everyone knew and worked by the same rules, it might be a little bit different. People might feel alot better about coming before you. Just a minor criticism." Commissioner Bannock, "I supported this measure last meeting and I intend to support it again tonight for a couple of reasons. Of all the people who spoke there was not a single person that didn't say, or said they didn't want a B&B. The letters, the people that spoke, they all said they had no problem with the B&B. And I think that if we go ahead and okay-dokay a B&B for .Sue Wright tonight that gives her a license to use 30% and to follow the rules and if the police want to go in and do a measurement and if she's found to be out of compliance then necessary actions will be taken. " Chairman Bryson, "Any further comment? Call for question." VOTE: Bannock - Yes, Murphy - Yes, Rehm - Yes, Graveley - Yes, Bryson - Yes. Resolution passed unanimously. b. Steve Pelota Steve Pelota, "There is a matter of utmost importance to me and that is the speed of traffic in old town,on the gravel road behind the church turning toward the left behind Bay Arms. Traffic traveling at speeds form 40 to 50 mph is not uncommon. The road obviously needs a much slower speed limit, 15 mph would be more appropriate. There is alot of foot traffic on this road and people are constantly crossing it. Numerous vehicles turn around in front of the Chapel, this situation is an accident waiting to happen. I ask this Commission to approve 2 speed limit signs, 15 mph, radar enforced. The first one located somewhere around the Rectory and the other one located somewhere on the other side of the apartment building." La Shot, reported that maintenance of that street has always been a problem because the City doesn't have a ROW in there, it is Church property. The City has done some maintenance work there, but only at the Church's request. The City could possibly put signs at either end of the street. Councilman Smalley, said he would bring this item before the Council. RENAI PLANNING & ZONING COMMISSION July 24, 1991 Page 12 11. INFORMATION ITEMS a. City Council Agenda - July 17, 1991 12. COMMISSION COMMENTS & QUESTIONS Commissioner Murphy, submitted a letter of resignation from the Board, due to the fact that his family would be moving to Fairbanks. Chairman Bryson, expressed the Commission's thanks for Commissioner Murphy's service to the Commission. Commissioner Graveley, thanked Commissioner Murphy for the time he had served on the Commission. He also wanted to let Parks and Rec know they are doing a great job beautifying the city. 13. ADJOURNMENT There being no further business the meeting was adjourned. i Respec ully submitted, etta a vey Transcribing Secretary