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HomeMy WebLinkAbout1996-10-09 P&Z Minutes`~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo October 9, 1996, 7:00 p.m. http://www.Kenai. net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: September 25, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ96-64-Variance Permit-Side Yard Setbacks (Sanders)-Lot 8, Block 4, VIP Ranch Estates (825 Baleen Avenue) 7. NEW BUSINESS: a. PZ96-65-Home Occupation Permit (Ischi)-Lot 16, Block 8, Inlet View Subdivision, Third Addition, Part 2 (300 Rogers Road) b. November and December Meetings 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Decision-Board of Adjustment-Prime Residential Zone b. KPB Notice of Planning Action (9/23/96) c. Planning & Zoning Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION October 9, 1996 ***Minutes*** 1. ROLL CALL: Members present: Members absent: Others present: 2. APPROVAL OF AGENDA: Karen Mahurin, Phil Bryson, Barb Nord, Mike Christian, Teresa Werner-Quade, Carl Glick, Ron Goecke None Councilman Smalley, City Engineer Jack La Shot, Administrative Assistant Marilyn Kebschull BRYSON MOVED TO APPROVE AGENDA AS SUBMITTED. MOTION SECONDED BY GOECKE AND ASKED FOR UNANIMOUS CONSENT. GLICK ASKED IF ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. AGENDA APPROVED. 3. APPROVAL OF MINUTES: September 25, 1996 MAHURIN MOVED FOR APPROVAL OF THE MINUTES OF SEPTEMBER 25TH. MOTION SECONDED BY CHRISTIAN. Bryson noted changes he would like made. On Page 5, under the section, Public Hearing Closed, 2nd paragraph, the second sentence-"Bryson stated that he is aware the attempt to restrict the use commercial." Commercial should be residential. Bryson noted it was presently zoned commercial. Bryson stated the last paragraph in the same section, Page 6, his comments concerning the asbuilt. Bryson stated he believed his statement was that, "Bryson stated he somewhat feels the same way stating he feels the structure if there is a commercial benefit can quickly be converted to commercial use because it will pay higher rent or be removed for the same reason. Bryson agreed that we are not being asked to rezone but to grant a variance and that I will be in favor of the request." La Shot asked to make a correction on Page 7, under the Reports section, first paragraph, 4th sentence, word because, should be before. VOTE TO APPROVE MINUTES AS AMENDED: Planning & Zoning Commission Minutes Page 2 October 9, 1996 ~~~ BRYSON YES WERNER-QUADE YES GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES GLICK YES MINUTES APPROVED. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: None. 6. PUBLIC HEARINGS: a. PZ96-64-Variance Permit-Side Yard Setbacks (Sanders)-Lot 8, Block 4, VIP Ranch Estates (825 Baleen Avenue) MAHURIN MOVED FOR APPROVAL OF PZ96-64. WERNER-QUADE SECONDED THE MOTION. PUBLIC HEARING OPENED. PUBLIC HEARING CLOSED. Werner-Quade stated she looked over the application and noted the man is building a garage and has it proposed to be pretty large so the variance is for 4.5 feet. Werner- Quade stated she felt that was a lot to ask for a variance noting perhaps a foot would be understandable. Almost 22 feet for garage would be adequate. Werner-Quade stated she feels that if she votes to approve it is precedent setting and others may try to get variances giving several examples of what could be asked. Werner-Quade reiterated she could understand a foot or so but 4.5 feet seems an unreasonable request considering that a variance is a legal way of breaking an intended law. Werner-Quade stated she will not be voting in favor of the variance. Nord stated she is in the same state as Werner-Quade, that is in not voting in favor of the variance. Stating her reasons vary noting there is sufficient land area. Nord stated there is over an acre and if he wanted to build a 26 foot wide garage, he could certainly do it in the front or the back of his property. Nord stated that based on the application, he has 306 feet of property, 365 feet deep. Nord stated there is room to do that. Nord stated that if she did decide to vote in favor of this would be if he put a fire wall on the east side of the property there. Nord noted that even at that it would be optional if she would vote in favor of this. Nord stated she happens to be showing properties in this area and noted that the slab is already poured. Planning & Zoning Commission Page 3 Minutes October 9, 1996 Christian noted he had been by the site today and commented the house is not in the same position it is shown on the drawing. Christian stated it is in the center from side to side and he is trying to squeeze the garage in between the house and the lot line. Christian commented it makes it look very uneven having the garage there adding it is very close together. Christian commented if the person were to sale the house on Lot 9, anyone buying that would be unhappy. Christian noted he does have a letter from neighbor who is currently occupying it. Christian stated he doesn't think it would be economically wise for his neighbor to support this. Christian stated he will be voting against the variance. Bryson stated he would like to ask administration if this conforms to fire and building code. La Shot stated there is no problem with the building code. La Shot commented if the garage were an unenclosed carport, the applicant could build within three feet of the property line without a variance. La Shot added he thought that was one of the options the applicant was considering. Goecke stated he concurs with the previous statements made noting he looked at this and it shows a three foot breezeway between the two. Goecke stated if he is going to encroach so he needs a variance, let him bring it up and attach it. Goecke noted that will take three feet out, then he would be down to only 1.5 feet variance. Goecke stated he wouldn't object to a 1.5 feet. Goecke noted he will not support this the way it is presented. Goecke added if he attaches it and puts in 5/8th drywall to create a fire break and come back, it that will be fine. Mahurin advised she will abstain in this vote noting she realizes that practically the only reason for an abstention is financial gain. Mahurin noted the applicant a close friend and that she feels in her heart she needs to abstain adding she hoped the Chair would honor that request. Chairman Glick asked if there were any objections to the Chair honoring abstention. None noted. Bryson stated he feels the Commission needs to keep in mind that they are not architectural review board. Bryson stated the Commission has the ability to rule on the side setback but not how the structure is constructed or the relationship of the garage to the house, or whether a firewall is appropriate. Bryson noted his insurance may go up when he attaches garage to house adding he doesn't know but that is not unlikely. Bryson stated he feels that the adjacent owner concurring in the proposal is justification for approving. Goecke stated he understands Mr. Bryson's statement and agrees adding that his choice of words may not have been the best choice in this case. Goecke stated he has a problem with a 4.5 foot variance in this case. Goecke stated he cannot make himself accept this noting he still feels the same. Planning & Zoning Commission Page 4 Minutes October 9, 1996 Werner-Quade stated she took James Hantz' letter into account in making her decision noting that property changes hands all the time and what seems right for today could change dramatically tomorrow or in the next month. Werner-Quade noted that things happen all the time and that what might seem fine with the neighbor now has the potential of changing and the next owners may not feel the same way. Werner-Quade stated she does not want to be in a position of setting precedence of allowing for something that has not been built to vary 4.5 feet, especially on a garage. VOTE: WERNER-QUADE NO GOECKE NO NORD NO MAHURIN ABSTAIN CHRISTIAN NO BRYSON YES GLICK NO MOTION FAILS. 7. NEW BUSINESS: a. PZ96-65-Home Occupation Permit (Ischi)-Lot 16, Block 8, Inlet View Subdivision, Third Addition, Part 2 (300 Rogers Road) MAHURIN MOVED TO APPROVE PZ96-65. MOTION SECONDED BY NORD. Glick asked La Shot if there was anything additional. La Shot noted that under Recommendations, he recommends approval noting that somehow it didn't get in there. Glick asked for discussion. Nord noted she didn't know what an independent referring travel agent is. Mahurin stated she had the same question. Kebschull advised it had been explained that basically you pay a fee and get a license to be an independent travel agent. People can then call you and tell you where they want to go. Ischi would then contact the travel agency. The travel agency would contact the people. Ischi would only make the one call. If a person finds they can get a discounted cost from this travel agency, she will get a percentage of the proceeds that the travel agency makes. Kebschull noted it is like a referral adding it is all done on the phone. Goecke commented she had paid $1600 to be able to refer people. Kebschull stated she had been told $1500. Glick clarified there is no traffic generated at the place of business. VOTE: GOECKE YES NORD YES MAHURIN YES CHRISTIAN YES BRYSON YES WERNER-QUADE YES Planning & Zoning Commission Page 5 Minutes October 9, 1996 ~ GLICK YES MOTION PASSED UNANIMOUSLY. b. November and December Meetings Chairman Glick stated they could discuss the November 13th meeting first. Bryson stated he requests that they relocate the November. 13th meeting to upstairs in city hall. Bryson continued stating he requests that they cancel the November 27th and December 25th meetings. Smalley noted that the library is available for the November 13th meeting. Glick any disagreement with Bryson's proposal. Glick clarified the next meeting would be at the library. The second meeting in November would be canceled. Werner-Quade clarified the 27th meeting would be canceled and also Christmas day meeting canceled. Christian asked if there would be a meeting on Dec. 11th. Bryson stated yes. Glick reiterated they would be canceling the second meeting in December and the next meeting would be at the library. Glick asked if there was any objection. BRYSON MOVED TO RELOCATE THE NOVEMBER 13TH MEETING TO LIBRARY, THAT THE NOVEMBER 27TH AND DECEMBER 25TH MEETINGS BE CANCELED. MOTION SECONDED BY CHRISTIAN. MAHURIN MOVED FOR UNANIMOUS CONSENT. GLICK ASKED IF THERE WERE ANY OBJECTIONS TO UNANIMOUS CONSENT. NONE NOTED. MOTION APPROVED. 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council Mr. Smalley asked if the gentleman in item 6A would be advised of right of appeal and Kebschull advised yes. Smalley advised that Mr. Seymour of the Hockey Booster Club requested that the city purchase an ad as they have in the past. An ad was purchased for $200. Under Public Hearings, Ordinance C-1 was tabled because interested in trying to increase the amount of the fine which was listed at $100 and they are looking at other impacts that would include costs of repair of any damage done to the path or sod. Smalley noted this will be back on the agenda at the next meeting. Item 2 passed successfully. Smalley Planning & Zoning Commission Page 6 Minutes October 9, 1996 stated this was only a portion of the project adding that the airport is looking at getting $377,000 federal money to complete project. Item 3 passed. Smalley noted it was amended to change the rate to $19,677. Part of this will involve moving lengthy heavy cement pilings to barricade the sides of the road so the can't drive up over the road to the dune area. Smalley commented that judging by the storm and if you have been to Mission Street and seen the damage of recent storm they dunes may not be there. Smalley noted that where the sign used to be, the Beluga Viewpoint sign, it is gone. They are dumping lots of material. Smalley noted that on page four, is the piling he talked about previously. Smalley stated they will have until about May 15th to get them moved and in place. Smalley stated they will be working with Mr. Cherrier to get a letter from him so they have the full length of time. Item 5 was approved. This was for the Regional Aircraft Fire Training Center. Smalley noted the city has set aside $490,000 for the city's portion on this project of which most is other people's money. Items 6 through 10 passed. Smalley noted that on Item 10 it is the total cost of the project for the .habitat projection restoration area. Smalley advised that Ashley Reed came to council adding that in the past he has been the paid lobbyist in Juneau. Smalley commented that he is one of the more effective lobbyists in Juneau. Looking at the climate in Juneau and the representation from the peninsula either being as it has in the past in the minority, not real successful, or from another portion of the state, Council felt that the city needed more assistance in Juneau. Council hired Mr. Reed at the price of $24,000 to be the city lobbyist. Reed will report monthly or as often as wanted. Smalley stated that they will have contact by phone but most information will go through the city manager to council. Item H-4, Kenai River Habitat Restoration, south side, there was discussion of taking the road there and extending it and building a parking area and access to the beach to get traffic away from the homes. Smalley stated that this on hold. Item 5, referred to the November calendar which was dealt with earlier noting he would report back to council on this item. Smalley advised he did attend the Parks and Rec Commission meeting last week for Councilman Bannock and they are asking council to put more money into banners. Smalley noted that the banners the city has are getting weathered and old. In the past a price of $350 to $450. The Art Guild has submitted a proposal to Parks and Rec and brought samples of banners to the meeting. They are using local talent at a cost of $100. They will make a presentation to council and make a request that we purchase, over a three year period 75 to 90 banners, 25 to 30 a year. Smalley stated he couldn't speak for council but he is excited because they are very, very nice and local talent. Smalley stated if anyone knows a local artist they should contact the Art Guild. Goecke asked if the Beautification Committee was supposed to select the ones they wanted to have made. Goecke added he felt they had chosen the first ones they want to Planning & Zoning Commission Minutes Page 7 October 9, 1996 '' have made and that they are very impressive. Smalley noted there are 11 or 12 drawing and more coming in. Nord noted there have been several more added. Mahurin commented she hopes that they don't work on the banners in the part of the building that needs a new roof. Mahurin added that council had turned down the opportunity to help them do that. Smalley noted for the record, that they were not turned down adding they have a lease that they have assumed and requested that responsibility. Smalley stated council is just allowing the lease to be in effect. Mahurin noted they are bidding $200 less than anyone else and stated she wanted it on the record that she has a concern that city won't support them and helping them fix it. Werner-Quade commented regarding the lobbyist and the $24,000 that there was concern at the joint session if the money had been funded in the budget. Werner-Quade stated that we know that it was not. Werner-Quade stated that she had attended some of the budget meeting and there was some tough choices when making cuts. Werner- Quade stated she wondered how the decision to spend the money on the lobbyist and where is that money coming from? Smalley stated they have money in the budget under legislative and there is adequate funding to take care of it. Smalley stated council looking at this because of the political climate and that the city has a couple major projects and need to get at least one or two on the governor's list. If they get onto the governor's budget they have a possible chance. If they don't make it there, it is virtually impossible to get a lot of funding. Smalley noted that one is the Challenger Learning Center that they are attempting to get funding for. Werner-Quade stated she was here and heard Mr. Kornelis' presentation on the water. Werner-Quade commented that it seems that in some ways the lobbyist are like gambling and that she was wondering about the money. Werner-Quade stated she assumed that when Mr. Reed was hired he had some sort of agreement with council to come back and letting you know how he was keeping abreast. Smalley stated it is a much tighter agreement now than it has been in the past. Smalley stated these were the same concerns as expressed by council before they made this decision. b. Borough Planning Bryson reported Borough Planning has not met since the last report. c. Administration La Shot commented that the project Mr. Smalley spoke of on the south side of the river that he was told to put together a report noting it will be at the next council meeting. La Shot stated that depending on what becomes of that he will see that Planning and Zoning has information regarding that. Smalley asked if it had also been to the Harbor Commission. La Shot stated he didn't think council had given direction as to which way Planning & Zoning Commission Page 8 Minutes October 9, 1996 ') to go with it yet. Smalley stated he thought that they asked for the idea to be sent to the Harbor Commission for review. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Decision-Board of Adjustment-Prime Residential Zone b. KPB Notice of Planning Action (9/23/96) c. Planning & Zoning Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: Werner-Quade commented that on the bike paths leading into town that there has not been a time she has driven or walked to town when there have not been several people using them. Werner-Quade noted that today she had seen the sign that says no motor vehicles. Werner-Quade noted there are so many people using them and that it makes her feel good to live in Kenai. Christian stated she would like to thank Mr. La Shot for keeping up on the trench on Birch Street adding that they got it repaved and it is nice and smooth. Nord stated that her comment is on the bike path adding that she realizes no motorized vehicles are supposed to be on them. Nord questioned why couldn't one side be used for motorized vehicles and the other side used for ski trails, etc. Nord noted she doesn't know if council could look at that. Nord asked who would make that recommendation to council. Smalley stated there will be a hearing at council at the next meeting and that would be a time to make comment. Nord noted she plans on being at that meeting. Goecke stated he wasn't going to comment on Ms. Nord's statement but will. Added he wanted to ask staff if there is a way of blocking off where people have been driving at the corner of Tinker and Spur where they are coming around the back side and tearing the grass up. Goecke noted they have been doing it since day one. Goecke stated he thinks the state was remiss in putting a drive approach there. If they had gone curb and gutter all the way, that probably would not have happened. La Shot stated that was a tough dilemma what to do with that situation. Goecke stated they brought in paving off of there, around and back towards those places. La Shot noted they put in a joint driveway from the Spur. La Shot stated it was a tough spot where to go adding there is a couple properties in there. La Shot stated with the high bank in that area and in order to get drainage, it was the toughest part of the whole project for adjacent properties. Goecke asked if La Shot felt it was possible to get that shut off. La Shot stated he would look into it. Goecke stated in reference to Ms. Nord's question and vehicular traffic, the asphalt is not made for heavy vehicles because it was never compacted. Goecke commented on the Planning & Zoning Commission Minutes Page 9 October 9, 1996 make up of the trail and that heavy vehicles would go through it. Nord asked if snow machines, etc. would go through noting she was not talking about cars. Glick stated he had a question for La Shot on the dirt hill on the city's property noting they put an orange barrier around it. Glick stated he thought part of the deal was that they were to seed it. La Shot stated the pile should disappear next spring and it will be graded and seeded. In the meantime, they were to put a heavy fence to discourage any sledders from coming down on Lawton Street. Mahurin stated she enjoyed reading the council's decision on the Prime Residential Zone adding that she was somewhat gratified to see it was almost a split decision. Mahurin commented that variances have been a hard issue for her since being on Planning and Zoning. Mahurin stated that she had driven to Seward with Mr. Smalley the other night and had an opportunity to discuss the issue of variances. Mahurin stated it has given her a lot of food for thought. Mahurin stated she would appreciate it if the city has information or theories on variances and CUP's to have it as they continue to be troublesome and she wishes she had a better understanding of the theory behind them. 14. ADJOURNMENT: Meeting adjourned at approximately 7:42 p.m. Res ectfu ly submitted: M ri yn Kebschull Administrative Assistant