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HomeMy WebLinkAbout1996-06-26 P&Z Minutes'~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo June 26, 1996, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: June 12, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-48-Preliminary Plat-Kenai Townsite, Old Town Village Subdivision 6. PUBLIC HEARINGS: a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources (Gravel)-W %2, NW 1/, 510, Lying North of Beaver Loop within T5N, R11W b. PZ96-45-Conditional Use Permit (Nightly Rental of 4-plex)-Lot 3, Ryan Subdivision, 309 James Street 7. NEW BUSINESS: a. PZ96-46-Home Occupation Permit, Gunsmith Services-Lots 2-6, 31-36, Carl F. Alstrom Subdivision, 2707 Wildwood Drive #32 b. PZ96-47-Home Occupation Permit, Roofing Business-Lot 3, Knudson Subdivision, 309 Birch Street 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Page 2 Agenda June 26, 1996 12. INFORMATION ITEMS: a. Kenai River Special Management Area Advisory Board Minutes of May 9, 1996 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION **MINUTES** June 26, 1996 1. ROLL CALL: UNAPPROVED Members present: Carl Glick, Teresa Werner-Quade, Ron Goecke, John Booth, Kevin Walker Members absent: Phil Bryson, Karen Mahurin Others present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull 2. APPROVAL OF AGEl~DA: GLICK MOVED FOR APPROVAL OF THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY GOECKE. Walker asked if anyone opposed unanimous consent. No one opposed. AGENDA APPROVED. 3. APPROVAL OF MINUTES: June 12, 1996 GLICK MOVED FOR APPROVAL OF THE MINUTES OF JUNE 12, 1996 AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BOOTH. Walker asked if anyone opposed unanimous consent. No one opposed. MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-48-Preliminary Plat-Kenai Townsite, Old Town Village Subdivision GOECKE RECOMMENDED APPROVAL OF PZ96-48 PRELIMINARY PLAT, KENAI TOWNSITE. MOTION SECONDED BY GLICK. Walker asked for additional staff comments. None offered. Walker asked if anyone in the public wished to speak to this item. No comment received. Planning & Zoning Commission Minutes Page 2 June 26, 1996 Item brought back to the Commission for discussion. No discussion. VOTE: GLICK YES WERNER-QUADE YES GOECKE YES BOOTH YES WALKER YES ITEM PASSED. 6. PUBLIC HEARINGS: a. PZ96-42-Conditional Use Permit-Surface Extraction of Natural Resources (Gravel)-W 1/2, NW 1/, 510, Lying North of Beaver Loop within T5N, R11W GOECKE RECOMMENDED APPROVAL OF PZ96-42, CONDITIONAL USE PERMIT. MOTION SECONDED BY WERNER-QUADE. Walker asked for additional staff comment. La Shot stated nothing additional. Walker noted that on La Shot's recommendation it said "no formal action is required, request additional information if needed." La Shot stated that this staff report was from the last meeting so action will be required. La Shot noted this is a public hearing. Walker noted he would mark that section out on his page. PUBLIC HEARING OPENED. No comment received. PUBLIC HEARING CLOSED. Item brought back to the Commission. Councilman Smalley asked if a Conditional Use Permit could be issued to an individual that is not the property owner. La Shot noted this would be contingent upon him becoming the property owner and the owner of record has sent documentation that she does not oppose this permit. La Shot commented that the city attorney had reviewed this application. Goecke stated that this will all be coming to fruition shortly as the property has been listed by the Court for sale to try to clear the matter. VOTE: WERNER-QUADE YES GOECKE YES BOOTH YES GLICK YES WALKER YES ITEM PASSED. Planning & Zoning Commission Minutes Page 3 June 26, 1996 b. PZ96-45-Conditional Use Permit (Nightly Rental of 4-plex)-Lot 3, Ryan Subdivision, 309 James Street GOECKE RECOMMENDED APPROVAL OF PZ96-45, CONDITIONAL USE PERMIT. MOTION SECONDED BY BOOTH. Walker asked for additional staff comment. La Shot stated that he would request the Commission consider his recommendation that the dwelling be completed to meet the definition of amulti-family dwelling. La Shot stated that right now it is actually four separate dwellings. La Shot stated he believed the intent was to tie it together into one structure. PUBLIC HEARING OPENED. JOE LEE, 1109 KAKNU WAY, KENAI-Mr. Lee handed out copies of a petition with an attached sheet containing photographs to the Commission members. Lee advised he had provided a petition that had been circulated in regards to the development in question. Lee advised there had been no coercion when obtaining the signatures adding that a lot of people didn't even know where James Street was. Lee stated that James Street is a dead end street off Kaknu and it is not maintained. Lee added the city does not plow it or do anything to the street. Lee stated it is his feeling that this will bring a lot of heavy traffic. Lee stated it was his understanding that he originally planned to build these cabins and then move them to another location. Then, he decided to locate them there. Then, he decided to make them a four plex. Lee stated it is his understanding that he wants to make it a four Alex by a breeze way. Lee stated he was wondering what the Commission or the Planning Department would require for minimum standards. Lee stated if you look at the pictures he provided it is difficult to tie the four cabins together with a breeze way. Instead, you will have a covered walkway and in no way does that make a four plex, Lee noted that was his opinion. Lee stated they don't have police patrolling the street. Lee advised he owns three houses on James, one of which is on Kaknu and James. Lee stated that was his residence. The other two are in the state of remodeling. Lee stated that when he first bought and moved these houses there, Lee stated he was told he could put two houses on one lot. Lee said he didn't even consider that because he was planning to live in the neighborhood. Lee commented that he thought if you were going to live in the neighborhood you need to be compassionate of what the neighborhood will be. Lee stated he knew they were by no means a Woodland, Redoubt, or Inlet Subdivision adding that they might be across the tracks from there. Nevertheless, Lee stated that everybody he knows is proud of their property. Lee stated he doesn't see how this could be conducive to a good family neighborhood at all. Lee commented that the applicant stated he would run a tight ship adding that he felt it would be difficult to run a tight ship when he lives across town. Lee stated he will probably think of a lot of reasons when he gets home as objections to this. Lee added that the petition points out some of these. Lee stated he believed that in the code he read that development like this cannot be adversarial to the neighborhood. Lee stated he would hope that Mr. Richmond Planning & Zoning Commission Page 4 Minutes June 26, 1996 would go back to his original plan and move those cabins to a different type of place that would be better suited adding that he felt it would be advantageous for him too because he will not get the traffic that he needs to rent these out as an overnight type of location. Lee stated it would even be hard to direct people who were looking for the place by signs to get to the location. Lee stated he wished the Commission would look at the location. Lee stated he respectfully requested that he go to Plan A and that is to move them to another location. IVA LEE WALL, 305 LINWOOD LANE, KENAI-Wall stated she objects to the equivalent of a motor court in the midst of a residential community. Wall stated the occupants would naturally be transients renting by the night with no resident manager to monitor and maintain some sort of order. Wall noted that there are no police driving by on a regular basis adding that it seems to her it would pose a problem in the neighborhood. Wall stated that since it is on the equivalent of a one-lane driveway, dead end street, what signs will be necessary to be posted up all over on the Spur Road, Tinker, Linwood, Kaknu, wherever to direct people? Wall stated she couldn't think that would enhance the neighborhood that much by having numerous street signs. Wall stated she understood that he owns the lot next to this lot. Wall asked that if this permit is granted next year will you have four more cabins on the next lot or across the street or whatever commenting it would be quite a motor court in there. Wall stated as she understands it these buildings do not qualify as a four plex nor as a bed and breakfast. Lee stated she wonders what else is not quite up to snuff. Wall stated the submittal of plans do not contain dimensions so how are you supposed to know the cabins are 14 by 16 which is a little more than half of her one car garage. Wall asked what kind of people will rent that small a place even during the winter much less during the transient summer. Wall noted she has three vacant lots across from her on Linwood Lane. Wall commented that if this permit is granted, what is to prevent someone from buying those three lots across the street and putting four cabins on each one and having another motor court across the street. Wall stated it seems to her that by granting this permit, you are letting the camels head in and you don't know what will follow once the precedence is set. Wall stated that took care of what she had to say. RICHARD REDFORD, 1113 KAKNU WAY, KENAI-Redford stated they live on the corner of Kaknu and Linwood. Redford stated he wanted to say that he agrees completely that to him these cabins do not closely qualify, adding he does not know the legal definition, but to him they do not come close to being a four plex. Redford noted they are totally separate units. Redford stated it would bother him if this was approved now as there is the lots that are across from Joe Lee's place which is right next to the lot which is trying to get approved right now. Redford stated if this is approved, then maybe next year that will be approved. Also, across from Linwood there are three lots across from them on Linwood. If this is approved this year, maybe next year those three lots will be facing the same thing. Redford stated there are four plexes in their neighborhood but they are totally different from what is trying to be put through here. Redford stated he wanted to give further strength noting he disagrees with the request and that he hopes this is not approved. Planning & Zoning Commission Page 5 Minutes June 26, 1996 1 ADAM SIMONS, HCO1 BOX 3925A, KENAI-Simons noted he was partners with Bill Richmond. Simons stated he moved to the area about ten years ago in 1985 noting he was 20 years old at the time. Simons stated he was a drywaller and sheetrocker and had made it through the lean times. Simons stated that six years ago he had started his own business and has learned a lot adding that he is not making a whole lot of money. Simons stated he has a pretty good reputation in the area and has done hundreds of homes and has worked hard to maintain quality. Simons commented that these cabins are really sharp looking. Simons noted he calls them cabins but they will be joined together and technically will be a four plex. Simons stated that a couple people mentioned that it will be no where near what a four plex would be adding that it will not take much more to meet the definition of a four Alex. Simons stated that as far as transient motorcades, Simons commented that is quite a doomsday scenario. Simons stated they haven't planned on renting them by the day and having a full booking or anything like that. Simons stated there wouldn't be any more traffic. Simons stated they are close to having a four plex adding they are economically committed right now. Simons noted they are going to have to get them done and rent them out by the month for sure. Simons commented that if everybody got together and had a disagreement they might be able to get it not to happen. Simons stated that as it is they have to rent them as far as they are concerned. Simons stated it might be a little early to try to get the Conditional Use Permit as there hasn't been a lot of construction in that are for quite some time. Simon noted that everybody is used to no construction going on ~ adding that the town is growing and sooner or later those lots will be filled in. Simons noted that the street is zoned to go all the way through and eventually it will not be a dead end. Simons commented that as far as transients and low standard of people being around there, with the computer you can communicate with people all over the country and all over the world. Simons stated that the people who will be renting by the night fly up from who knows where, they rent a car, they get guide services, pay with credit cards. Simons stated as far as he knows right now that in July and the end of August more people would come up and spend their money and enjoy the recreational aspects the peninsula provides. Simons stated these people are actually high quality people and people like that respect residential roads. Simons stated it was his experience that they were good people who manage to have their lives together enough to come up and enjoy. Simons stated as far as the size of the units and the way they are set up, it is a lot more appealing than just a block building and a regular four Alex. Simons stated they have beautiful siding, they are in the process of getting the landscaping done. Simons noted they are under construction and it is kind of a mess adding it is noisy and may have built up some animosity for now with the neighbors. Simons added that he didn't see where anybody would save any grief by having the daily rentals in the summer. In contrary, if we were able to make the money in the summer, they wouldn't be pressed to rent the places in the winter at all. Simons stated there are more expenses in the winter for heating costs. Simons commented it is a hassle to rent to people on a monthly basis adding that it won't be high rent as they are ~ small places. Simons commented that the insides will be excellent looking not like a railroad car. Simons stated if they do rent them out by the day, there will be a care taker showing up at least once a day. Simons stated that quite the contrary to high quality renters that if they got good money in the summer, they wouldn't be so pressed Planning & Zoning Commission Page 6 Minutes June 26, 1996 to find renters in the winter. Simons stated this is a fantastic amount of money for the high quality of materials that is going into the place and they don't want anybody in there that will be drinking beer or up late at night or breaking the doors off the hinges or anything like that. Simons stated they want to be able to afford to be picky about who if anybody lives there in the winter. Simons stated that as far as the motorcade, if they did rent them out in the summer, chances are they will not be fully booked. Simons stated there will be actually less traffic then if people live there who have to leave there anyway. Simons stated that as far as the signs on the street, if they were able to put signs on the street it has to be ascetically correct and a highway department made sign. Simons noted similar to some of the others in the area. Werner-Quade stated that on the plans submittal she didn't see the plans for sewer. Simons stated it is hooked up to city sewer. Werner-Quade asked if each unit would have it's own bathroom. Simons stated that each unit has it's own bathroom and is hooked to city sewer and water. Simons noted that originally they had planned to do their own sewer and water but it was economically easier to hook up to city sewer and water noting his partner has equipment. Werner-Quade asked if they have one city sewer and water bill at $41 or do you have four. Simons stated they haven't received any bills from the city yet. La Shot stated it will be based on a four Alex and he is not sure what the rate is. Werner-Quade questioned if it was a four plex then? La Shot stated it will not receive a certificate of occupancy until it meets that definition. Werner-Quade asked if they would then have one city sewer and water bill at $41. La Shot stated he thought the four plex bill was higher than noting it was a flat rate but unsure of the rate. Glick asked what kind of foundations were under the units questioning if they were permanent type. Glick also asked if the walkways would have permanent foundations. Simons stated they are still under construction adding there are several ways they can go to comply with the definition of a four plex. Simons commented that they want to do whatever looks best and still makes them comply. Mr. Richmond began answering from the floor and was asked by Chairman Walker to approach the podium so he could be heard. BILL RICHMOND, P.O. BOX 3152, KENAI-Richmond stated he was the actual owner. Richmond stated he had started this project last winter adding that he works construction and there was nothing else to do in the middle of the winter. Richmond noted that as time went on they decided it was financially too much of a burden to do anything but what they could do on that lot this year. Richmond stated that as far as expanding to the next lot over, he has residential plans for the next lot for a spec house. Richmond stated that James Street, as was mentioned, is very poorly maintained. It is not maintained by the city. Richmond stated he has a backhoe and he back blades it every once in a while so they can drive up and down it. Richmond stated that when he first bought the lot, there was barely room enough to turn around in front of the last house on the street. Richmond stated that one of the first he did was to put a storage shed there to store some things and that was the first obstacle he came against. Planning & Zoning Commission Page 7 Minutes June 26, 1996 Richmond stated he almost instantly had one of his very fine neighbors seeing if the building needed a building permit. Richmond stated it has kind of been a battle like that ever since. Richmond stated he tries the best he can to make a nice product. Richmond stated the thing that has him scared is the guy who wants to rent in the winter time, he is the guy you have to watch out for. Richmond stated he is the guy who lives around here, knows he lives around, thinks it is his neighborhood, and he is going to do what he wants. Richmond stated he thinks the person you will have the least amount of trouble with will be the person who is on vacation in the summertime. Those people are on vacation and rent everything with credit cards so they are very careful with their rental cars and the places they stay. Richmond stated he could see there will be some more traffic other than norm on the road noting there will be a maid service as well as he will be checking on it daily. Richmond stated he has a tremendous amount of money invested in this project. Richmond stated his intention was to have it end up like this. Richmond stated he had every intention to move them somewhere else but one financial turn took another and he injured his back and $13,000 later here we are. Richmond stated he will do his best to maintain these and his best to keep quality people in them. Richmond stated the breezeway will be a permanent installation built to withstand wind, and loads adding he has every intention of putting it in on a concrete foundation or blocks. Richmond added that it is still being designed but will be built to a high quality standard noting he has so much money invested. Walker, from looking at the photograph, asked if this was a photograph of the four structures. Walker stated his question was how would Richmond go about connecting the four and making them into a four plex. Richmond stated that three of the four sit in a perfect line. The breezeway will carry down across the front, there will be a shed hooked to each door, and a covered breezeway all the way across. Richmond stated that where the dump truck is parked, noting it looked like a recent picture, will be the parking. Richmond stated he hasn't decided yet if he can put a covered parking in there noting that is up in the air at this point. Richmond stated you will pull up and there will be two sidewalks, either gravel or concrete, one on either side going to the breezeway. Richmond stated there will be one way into the buildings and no more than two ways out of the breezeway. They were built like this so people will have a sense of privacy. Richmond commented that he didn't know if they had every lived in a duplex but some of them you can hear your next door neighbor going to the bathroom. Richmond commented that is not what he considers comfortable standards. Richmond stated he sees a lot of names on the petition and asked the audience if everyone had signed it? Walker asked Richmond the lot size. Richmond stated the lot sizes are 98 by 133. Walker clarified that he has four cabins on a lot 98 by 133. Richmond stated the building are 10 feet 3/ inch apart adding they are well inside the property lines all the way around. Walker asked the building size and Richmond stated they are 14 by 16 feet. PUBLIC HEARING CLOSED. Planning & Zoning Commission Page 8 Minutes June 26, 1996 Goecke commented that the Commission approved a similar conditional use on Riverside last year noting that he doesn't see a problem with this one. Goecke asked wondered why the city has a street that is not maintained? La Shot advised it is an older subdivision that has a dedicated right of way for years and it has never been brought up to the standards. Goecke stated then that theoretically it is not even a street. La Shot confirmed that it is a dedicated right of way but not a street. Glick asked La Shot is sewer and water runs down James Street. La Shot stated the owner acquired easements from a neighbor to run it across one lot adding that the city normally allows that sort of thing. La Shot noted there is one other option. La Shot stated the owner has stated he wants to make the four buildings into one to call it a four plex and then have the option of renting by the night during the summer. La Shot stated he could have applied for a Conditional Use Permit to have the cabins. At this point, the code doesn't allow having more than one principle structure on the lot unless you have the same size requirements as if there were four lots, one for each structure. La Shot stated that the permit that was issued last year for the cabins on Riverview initially asked for the cabin rentals. La Shot stated the same situation could happen here. That would require Mr. Richmond to modify his request and do it again in order to allow the public a chance for input. Walker stated he had one question on Mr. La Shot's comments. Walker stated as he understands it that in the RS zone that is not listed as a use conditional or otherwise for cabin rentals. La Shot stated that could be true but the city has many times issued or heard applications for conditional uses where they were not listed in the table. Smalley stated he had a comment on the Conditional Use Permit application in the packet signed by the application. On the first item he wrote it is required for the proposed development as described Bed and Breakfast. Smalley noted it does not qualify for a bed and breakfast as that is in a residential dwelling of no more than 30 percent may be used for the bed and breakfast where the resident has to live on site. Smalley stated the application will most likely need to be modified to delete that because it doesn't qualify. Werner-Quade stated that somehow this reminded her of the Vozar property where something got put ahead of something else so that things are not in order. Werner- Quade added her mind is not functioning in a logical order. In other words, how did these four units meet approval to go on this small lot. Werner-Quade asked if they had said they were going to be four separate units or that they were going to be one unit. La Shot stated he thought the owner could best answer this adding that he thought originally he planned to build the cabins there and then move them. Then, his plans changed. La Shot asked Richmond to correct him if he was wrong. Richmond, speaking from the audience and unclear, stated he started out and then the financial crunches came. Inaudible. Richmond stated he had filled out his form using Planning & Zoning Commission Page 9 Minutes June 26, 1996 Diane's as an example adding that he put down bed and breakfast because that is what she had put down. Goecke asked if anyone remember what her conditional use was for? La Shot stated he believed it was for cabin rentals clarifying that Goecke was asking about the Riverview permit. La Shot noted that she has another structure attached to that development stating he wasn't sure but that she could be serving meals in that structure, the Old Miller House. La Shot stated these cabins don't have another structure adding that he doesn't think Richmond intends to serve breakfasts in any of the units. Goecke stated he understood that adding that he wished he would have dug up the minutes from that meeting. Goecke stated he was thinking that the Commission did something at that meeting to change the permit. La Shot stated he couldn't clarify that without doing research. Werner-Quade commented she felt they would be unable to vote on this until taking the advice of Mr. Smalley and somehow amended the bed and breakfast clause. La Shot stated he didn't think the wording bed and breakfast can stay on there adding he doesn't think the building would meet that requirement. La Shot stated he thought the owner's intention at this point is to rent a four plex by the night during the summer months adding that is probably the application before the Commission. La Shot stated he threw in the question of cabins in case he did want to consider applying for a different permit to have cabin rentals. Walker noted that the actual Conditional Use Permit that he is looking at in the packet that the Commission is considering lists the use as nightly rental of a four plex units from June 1 to September 1 of each year. Walker added that it doesn't mention anything about a bed and breakfast. Werner-Quade stated she would like to add to that noting she sees three different names for this adding that she is trying not to be offensive noting her feelings for the applicant. Werner-Quade stated she wanted to grant his need. Werner-Quade stated that on the first page of 6b it says Conditional Use Permit for nightly rental of a four plex unit. The next page states applicant wishes to rent his multi-family unit. The next page says nightly rental of four plex unit. Richmond asked what he had did from the audience and Werner-Quade advised she didn't feel he had done any of these. Werner-Quade stated this leaves her wondering and maybe that is why she is confused. Walker stated that perhaps action on this should be postponed until some of these items could be decided or until there is enough information available on the design of what this would look like as a four plex. Werner-Quade stated correct and they need the bed and breakfast thing out of there and need to know how it will be developed, perhaps a site plan review. Werner-Quade stated at this point she feels like abstaining adding she doesn't feel she is tracking here. Werner-Quade added she hates to deny the man which is what is going to happen if they go through with the vote. Planning & Zoning Commission Page 10 Minutes June 26, 1996 Mr. Lee asked if he could speak to the Commission and Mr. Walker allowed it. Lee stated he is not a mean old fellow adding he is very compassionate about Bill's dilemma. Lee stated he is an old man and has been down that road two or three times and has been bankrupt but just never filed the papers taking years to pay stuff off. Lee noted that Richmond's dilemma is kind of his dilemma noting the two houses that he has across the street that he is remodeling. Lee stated he is going to sell these houses and it is his feeling that Richmond's situation will reduce the value. Lee stated nobody wants to live across the street from this type of nightly rental thing. Lee stated it is not personalities here whatsoever instead that he doesn't want his values to go down adding that he has a great deal of money invested there also. Lee commented that it looked like it was a mess; that it got start off one way and got switched another way and another way. Lee stated that is his concern is if the property values fall because of the orthodox situation there Lee stated he felt like they would be paying a penalty and didn't think they should be. Lee reiterated he is sorry he is in a bind. GLICK MOVED TO POSTPONE THIS UNTIL THE THINGS THAT HAVE BEEN DISCUSSED HAVE BEEN CLEANED UP AND A DESIGN IS BROUGHT FORWARD SHOWING WHAT THE CABINS WILL LOOK LIKE WHEN THE CABINS ARE JOINED TOGETHER. Walker asked Glick if he wished to put a date on the motion or just leave it open until such time as the items are received. GLICK STATED BY THE NEXT MEETING noting that would give the owners time to come up with the design and La Shot to get the items that were discussed cleaned up. Walker advised Glick that postponing the item to the next meeting would not give enough time to publicize this as a public hearing and asked if they could change it to the second meeting in July. GLICK AGREED. Walker asked if the second concurred noting this is a public hearing and it must be publicized. Goecke asked what this would do to the applicant if he was wanting to do anything this summer and this would move it to the 24th of July before he could do anything. Walker asked Goecke if he was the second on the first motion adding that it wasn't a debatable motion. GOECKE STATED HE CONCURRED. Richmond asked if he could ask the matter be dropped, withdraw the request. Richmond stated that the second week in July is too late to consider it adding that he would withdraw his request and do it again next year. Richmond stated he will go through with the monthly rentals getting the necessary permit from La Shot's office. Walker advised Richmond he could withdraw the application. Richmond asked the Commission to consider it withdrawn. ~ Smalley asked Richmond if he was requesting that everything be stopped now. Smalley stated he understood Richmond to say he was going to rent them monthly now. Richmond stated he would rent them monthly adding he is legal now once he finishes the vestibule and gets the final inspection from the city. Smalley asked if that was Planning & Zoning Commission Page 1 1 Minutes June 26, 1996 correct and La Shot stated if he meets the definition of the four Alex. Walker asked Richmond if he had heard La Shot's last comment clarifying it would be legal if he met the definition of a four plex. Richmond stated he would meet the definition of a four plex. Mr. Lee, from the audience, asked what would make that meet the definition of a four plex. La Shot read the definition for multiple family dwellings and building from the code. Lee questioned if he heard "building" and La Shot clarified that adding that the cabins will have to be connected and closed to meet those definitions. La Shot stated he didn't think an unenclosed breezeway would do that adding it would have to be an enclosed, attached breezeway to make it one structure. La Shot stated he didn't think it would look like either cabins or a four plex. Walker advised the audience that the item had been withdrawn and the Commission would move on with business. 7. NEW BUSINESS: a. PZ96-46-Home Occupation Permit, Gunsmith Services-Lots 2-6, 31-36, Carl F. Alstrom Subdivision, 2707 Wildwood Drive #32 CLICK MOVED FOR APPROVAL OF PZ96-46. MOTION SECONDED BY BOOTH. Walker asked for additional staff comments. La Shot stated that this had been brought to the city's attention by a comment or complaint mainly about the sign. La Shot stated he hadn't heard any negative comments about Mr. Vogel's business adding that he is here tonight to answer any questions. Walker asked if anyone wished to speak to the item. Vogel asked what the motion was for adding he didn't think he needed to speak unless the Commission had questions. Walker noted there had been a question on the sign. Vogel stated it was his understanding that it was to be 4 square feet adding that his is quite a bit larger. Vogel added in defense of his shingle that no resident can see the sign and the only way it can be seen is driving down Wildwood Drive. Walker asked if he intended on changing the sign to bring it into code. Vogel stated the smallest he could make it without scraping it would be about 10 square feet adding he could remove his name. Vogel asked if there was anyway 10 to 12 feet would be acceptable. Walker stated that is beyond code. La Shot noted there is one way he could exceed the 4 square feet and that would be through a variance. Walker noted that is another permit and La Shot stated that is a public hearing type item. Werner-Quade asked if he was in the phone book and Vogel stated he would be. Vogel noted he didn't need to advertise as he doesn't need new business. Werner-Quade stated she was wondering as it seemed like he was placing a lot of weight on the large Planning & Zoning Commission Page 12 Minutes June 26, 1996 sign. Vogel noted this was a sign he had had in a prior business adding that he has been at this location since 1986. Vogel advised the Commission that he has to comply with state and federal laws adding that he didn't know about this requirement. Vogel added he had to have a written letter from the Chief of Police. Goecke asked Walker if it would be possible to delay action on this to see what he can do about the sign. Goecke continued saying if he can get down to the size constraint they could deal with it then. Walker stated they could vote on this contingent upon him bringing his signage into compliance by whatever means he deems necessary which leaves him multiple choices. GLICK MODIFIED THE MOTION APPROVE THE PERMIT ON THE CONDITION THAT THE SIGN CODE IS MET. BOOTH CONCURRED. VOTE: GOECKE YES GLICK YES WALKER YES BOOTH YES WERNER-QUADE YES MOTION PASSED. b. PZ96-47-Home Occupation Permit, Roofing Business-Lot 3, Knudson Subdivision, 309 Birch Street GOECKE RECOMMENDED APPROVAL OF PZ96-47 HOME OCCUPATION PERMIT. MOTION SECONDED BY WERNER-QUADE. Walker asked for additional staff comment. La Shot stated this is similar to the last adding he has had no negative complaints about the operation of the business but mostly about storage materials and equipment outside. La Shot added that one of the conditions for a home occupation permit is that those items should be enclosed. Walker asked if anyone in the public wished to speak to this item. Mrs. Hansen identified herself noting she was here as her husband is out of town. Glick asked if it is possible for the applicant to comply with the storing of materials in a structure. Mrs. Hansen advised that the little bit of materials on the property is in an enclosed structure and as of today the fence is complete. Hansen stated their entire property is enclosed by a fence. Hansen added she is not sure what the person was referring to as materials noting they don't store materials but have ladders on site. La Shot stated that smells from the roofing like tars and hot pot type materials were identified. Hansen stated they do a minimum of hot tar work noting that if the kettle is pulled onto the property it is hot and will take a while to cool down. Walker asked if they store the equipment that would heat the hot tar on the premises. Hansen stated yes Planning & Zoning Commission Page 13 Minutes June 26, 1996 but it is not heated on the property. Walker advised that would be business-related materials and/or equipment. Walker noted that under the permit those items would have to be in a structure or not stored on the premises. Hansen clarified what he meant by a closed structure. Hansen stated they could eliminate that and that tomorrow they could move those items to property in Nikiski. GOECKE ADDED TO THE MOTION TO PUT IN STAFF RECOMMENDATIONS ON THE PERMIT, THAT BEING TO STORE THE BUSINESS-RELATED MATERIALS IN THE PRINCIPAL STRUCTURE OR AN ACCESSORY STRUCTURE. BOOTH CONCURRED. VOTE: BOOTH YES GLICK YES WERNER-QUADE YES GOECKE YES WALKER YES MOTION PASSED. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: La Shot noted no additional items. Smalley stated he had been requested by one of the members of the audience to check into something adding he thought the city had looked into this once before.. Smalley stated there is a shed at 315 Linwood sitting on a property line and has been there since early March. La Shot stated that the building official has been in contact with those people adding that correspondence will be provided at the next meeting. La Shot noted it is as much a building issue as anything. La Shot stated it is a cabin on skids and people are living in it. Smalley stated it is living on the property line and probably in violation of the front set back. 10. REPORTS: a. City Council Councilman Smalley reviewed the agenda that was in the packet explaining council action. Walker asked that C1 be explained. Smalley advised there had been a motion to move C14 to the front of C. Prior to moving C14, there was a motion to move consideration for the City Manager's consideration of agreement for continuation of work with the city. Smalley stated it was brought forward and it failed to be moved on. Smalley stated that on C14 a, b, and c there were motions to suspend with pay and benefits the city manager. There was discussion and it passed five to two. Smalley stated C14 was tabled as it was later in the packet because that was a discussion of a severance pay agreement so that issue was postponed. Smalley stated that with regard Planning & Zoning Commission Page 14 Minutes June 26, 1996 the suspension the city manager has been suspended through his present contract which ends July 31st Smalley stated he will receive on July 3rd a bill of particulars as to reason why the suspension and why the city is possibly considering not continuing his employment. Smalley stated he has by code 30 days minimum to have that before there is a public hearing to discuss that bill of particulars in a public hearing. Smalley stated that protects him as an employee and it also protects the city. Smalley stated he may elect to do other options between the 3rd of July and the 7th of August. Smalley stated the 7th of August is the first meeting that would qualify for the meeting time. Smalley stated Mr. Manninen may opt to do several things which could be to voluntarily resign upon completion of his July 31st date, he may elect to go public and have discussions on the bills of particular and challenge any and all, he may elect to wait until the 7th of August and deal with the issues. Smalley stated he is in the driver's seat and the city is required by code to wait until August 7th to discuss the items; however, Mr. Manninen could choose to go public earlier and then the city could participate in those discussions. Walker asked if C1 was approved. Smalley stated that had been around for a long time and in talking with the city attorney and city manager they couldn't understand why the department heads had to file. Smalley stated that it goes back 25 to 30 years ago and is no longer necessary. Smalley advised that Item 5 was tabled pending Planning and Zoning's action. Smalley continued through the agenda explaining the items listed in section C as noted on the information in the packet. Glick commented that a source of his told him that on the 9th of July the Borough Assembly will have before them the property that the well is on for the assembly's approval. Glick stated it is to be leased to the city with the ultimate end result it being deeded to the city. Smalley stated there was discussion about the use of Leif Hansen Park and council has asked Parks and Rec to review the issue again. Smalley noted that as it presently sits the Parks and Rec director and city manager determine the use for those areas. Smalley stated there was discussion on the Mission Street project noting that Mr. Cherrier would like to have the city pave a street and parking lot in exchange for a right of way. Smalley stated council was not willing to do that and asked administration to check into either changing the property or the city acquiring the property by a variety of ways one of which was discussed was a taking. Smalley stated other options included obtaining fair market value for the property or ending the road at a turnaround at Alaska Avenue. Smalley stated that Mr. Godek talked to council about his presentation to the borough. Godek had stated that some of the assembly members felt more comfortable in paying user fee per animal instead of funding the building. Smalley stated the discussion was continuing. Planning & Zoning Commission Page 15 Minutes June 26, 1996 Smalley stated there was discussion of matching funds for an archaeological study at the Shkituk Site in the amount of $2000 for a total of $4000. The council advised the Townsite Historic District Board to seek other funding sources. Smalley stated other items of discussion were a sewer line with the city of Soldotna, the industry appreciation picnic, and that the group who is planning to build the assisted living center had applied for funding through HUD and they were turned down. Smalley added the information that HUD feels that the center in Homer is meeting the needs of this area; however, they are looking for other funding sources. Goecke asked why the industry appreciation picnic being transferred and asked if it was a reaction to a letter to the editor. Smalley stated he didn't know the reason and as far as he knew the decision was made by the city manager and the Parks and Rec people. Werner-Quade commented that she had attended the council meeting when the people voiced concerns about the Leif Hansen Park noting she felt there concerns were valid. Werner-Quade stated she felt that members of the council were sympathetic to these concerns. Smalley informed the Commission that Police Chief Morris would be the acting city manager. b. Borough Planning Mr. Bryson was absent and unavailable for comment. c. Administration La Shot stated the item concerning the land transfer for the well had been originally submitted with two pieces of land, one which is a large parcel of recreation land to the north. The well house section is to the south. The borough would like to have a formal request for the recreation parcel. La Shot stated he will be putting something together to route through Planning and Zoning and Parks and Rec and then to council. La Shot stated he didn't want to get questions and politics of that parcel involved with the well house parcel so asked to have them separate. La Shot advised the city is receiving a lot of comments about the gate at the beach and the signs across the river. La Shot stated he felt at the next council meeting there may be presentations regarding that. 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Minutes 12. INFORMATION ITEMS: Page 16 June 26, 1996 a. Kenai River Special Management Area Advisory Board Minutes of May 9, 1996 13. COMMISSION COMMENTS & QUESTIONS: Werner-Quade commented that she had noticed that the Moose Family Lodge RV park is in full swing complete with power and water. Werner-Quade asked if they were getting an extra city water bill. La Shot stated they are not adding he felt it may be time to send out notices to the fraternal organizations. Glick advised he will not be at the next meeting. 14. ADJOURNMENT: Meeting adjourned at approximately 8:40 p.m. Respectfull Submitted: Marilyn Kebschull Administrative Assistant