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HomeMy WebLinkAbout1994-05-11 P&Z MinutesCit of Kenai Alaska 210 Fidai o Suite 200 ''' PLANNING AND ZONING COMMISSION **AGENDA** May 11, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES April 27, 1994 4. PLANNING ~~~ a. Resolution PZ 94-23: Roy L. Hayes Subdivision Plat r b. Vacation ROW: Riverview -TSH Zone 5. PUBLIC HEARINGS 6. NEW BUSINESS ~~- a. Re-review Development in TSH Zone: Beluga Lookout RV Park 7. OLD BUSINESS $. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 1 i. INFORMATION ITEMS a. Memo regarding Erosion Main and Mission Street 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING-COMMISSION `*MINUTESi"` May 11, 1994 - 7:00 p. m . Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Teresa Werner-Quade, Kevin Walker, Lori McComsey Members absent: Carl Glick (excused), Charlie Pierce (excused) Also present: Administrative Assistant Loretta Harvey, Councilman Hal Smalley, City Engineer Mack La Shot 2. APPROVAL OF AGENDA PHIL BRYSON MOVED APPROVAL OF THE AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES April 27, 1994 TERESA WERNER-QUADE MOVED APPROVAL OF THE MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE ~ SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-23: Roy L. Hayes Subdivision Plat Chairman Walker introduced the item and asked the pleasure of the Commission? MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 9423. TERESA WERNER-QUADE SECONDED. Chairman Walker asked if their was anyone in the public who wished to comment on this item. Seeing and hearing Wane he brought it back the Commission for discussion and asked for Staff comments. Kenai Planning and Zoning Commission May 11, 1994 Page 1 Jack La Shot -reported that this plat will take three government lots and split them into smaller lots. The oNy problem he had was with some of the utilities and the owner's son had cleared that issue up. VOTE: Bryson Goecke Pierce Werner-Quade McCornsey Glick Walker YES YES GONE YES YE5 GONE YES MOTION PASSED UNANIMOUSLY. b. Vacation ROW: Riverview -TSH Zone Chairman Wacker introduced the item and asked if their was anyone in the public who wished to comment. Clarence Ladd asked what TSH stood for? It was then determined that the property was actually in the Central Commercial Zone not TSH. Walker asked for a staff report. Jack La Shot reported that the preliminary plat had been approved at the previous meeting. This is an attempt to make four lots out of several smaller lots, on that previously reviewed plat there was a note that said the ROW being vacated this plat, this is the actual process for that vacation. La Shot had commented when the plat was reviewed that the City should retain a utility easement, 15 feet of either side of the southerly lot line, Lot fi A. He believed that there may be utilities in there now and if not there may be a future need to bring utilities through that easement. MOTION: RON GOECKE MOVED APPROVAL OF THE VACATION OF ROW ON RIVERVIEW. PHIL BRYSON SECONDED. AMENDED MOTION: GOECKE ASKED TO MAKE AN AMENDMENT TO THE MOTION TO RETAIN THE 30 FOOT UTILITY EASEMENT AS SUGGESTED BY STAFF. BRYSON CONCURRED. Chairman Walker asked if anyone In the audience wished to address the amended motion which included the staff recommendation to retain the 30 foot uti#ity easement? Kenai Planning and Zoning Commission May 11, 1994 Page 2 Clarence Ladd, owner of the property, stated #hat the surveyor was taking care of this item for him, but he had no problem with retaining a 30 ft utility easement. Walker brought the item back for Commission action. VOTE-AMENDED MOTION: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES GONE YE5 YES GONE YES MOTION PASSED UNANIMOUSLY. Chairman Walker asked if there were any comments from the public on the main motion? Hearing and seeing none, he brought it back to the Commission for discussion. Bryson said he just wanted to reconfirm statements that were discussed at the previous meeting to include that afi lots have ROW frontage. VOTE-MAIN MOTION: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YE5 GONE YES YES GONE YES 5. PUBLIC HEARINGS fi. NEW BUSINESS a. Re-review Development in TSH Zone: Beluga Lookout RV Park Chairman Walker introduced the item and asked the pleasure of the Commission? MOTION: TERESA WERNER-QUADE MOVED FOR RE-REVIEW OF DEVELOPMENT IN TSH ZONE FOR BELUGA LOOKOUT RV PARK. LORI MCCOMSEY SECONDED. Chairman Walker asked far discussion on the motion which was just to re-review the development not to approve the development as resubmitted. Kenai Planning and Zoning Commission May 11, 1994 Page 3 PUBLIC HEARING Sandra Vozar, 1001 Mission Street, stated she and her husband owned the Beluga Lookout RV Park and the building that is being re-reviewed. She said when they originally brought the plan before P&Z the drawing showed a porch. At the time, they had explained that the dormer on the plans would be extended so there would be less loss of space. Vozar apologized for not coming back before the Commission when they decided to enclosed the porch. The original plans called for a concrete foundation but as the building progressed they decided to put down pilings. When they put down pilings the porch would cantilever under the main building. So when they were working on the bluff during the winter they realized that the porch should be enclosed due to the windy conditions. Vozar apologized again for not coming back before the Commission before changing the building p#ans. Vozar said she had spoken with Jack La Shat about the roof, if there would problems because they might be higher or lower than the 20 feet indicated on the original plans. La Shot said that if the new building was not higher than the Toyon Villa there wouldn't be a problem. Vozars had also discussed the change to the roof. That too, did not seem to be a problem. Vozar said she was willing to pay the extra amount for the permit. Basically the ground coverage has not changed from the original plan. The only thing that has been done is to enclose the porch. Too close it in later, being that it was a log building, it would always look like atie-in, so it was better to enclose the porch during the construction. Vozar said she was sorry she had not asked before making the changes. She urged the Commission to approve the development and not to issue astop-work order, because that would not accomplish anything and leave an unfinished building in Old Town. Vozar also mentioned the whale sculpture. Many tourists come down to watch the whales, but many people have never seen an actual whale. She showed a model of a Beluga Whale that was used as a pattern for the whale carving. She felt it would be an enhancement to the Old Town area. People come to watch the whales and this will help them identify the whales. It is not a sign, there will be nothing written on. It is just a tourist attraction tike the chamber's bear and other attractions visitors like to see and take pictures of. She said she would be glad to pay a permit fee for the sculpture and would urge the Commission to let them proceed with their project. Chairman Walker asked if the whale is on their property? Vozar said yes, they have three acres there. Walker asked if there was anyone else that wished to speak on this issue? KAnal Planning and Zoning Commission May 11, 1994 Page 4 ~iim Arness, a member of the newly appointed Townsite Historic Board, said he felt that the Commission was aware of the ordinances that have been enforce for quite -~ some time. Arness said he was not necessarily concerned with the Vozars project. His concern is that over the years, since the establishment of the first Ordinance that provided for specific zoning in that part of town there has been very little concern on the part of the Planning Commission or the Council to listen too or consider any concerns from the people who have been appointed to carry out the mandates of the Ordinance. There was a previous Board that had to approve any development in that area, the Board was eventually dissolved. But now a new Board has been established, and Amess felt that it may not being utilized properly. The Board was established in March and there has not been a meeting, which follows how these Boards have been utilized in the past. Amess was concemed with policy, there is an Ordinance ~ 421.05 that provides for specific review processes by the Townsite Historic Board that are supposed to be considered by the Planning Commission before they approve anything in the TSH zone. The City made the law and Arness is concerned if the policy is going to be to disregard the law, then there should be steps to eliminate the Ordinance and the Board. Arness said there was a law in place. And if the Commission is considering a need for the building permit, there was not a permit required for the RV Park. The Building and RV Park were supposed to be reviewed by the Historic Board. Arness said he wished to put the Commission on notice that they should know what the Ordinances are. Councilman Duane Bannock, as a Planning & Zoning member just last fall, said he had been involved in approving the plans for the Vozar development. In his opinion when the building which had been approved was presented he imagined a long, two- story log building, similar to what is currently being built. Whether that building was a mile or two-miles long the visual effect remains the same. Bannock suggested that the Commission take several actions to help with their decision. First, to remind applicants that when changes are made they must be pre-approved. Secondly, the City of Kenai must be in the position to accept some of the responsibility for this. It is the City of Kenai's job to make sure that plans are being implemented as submitted. Bannock urged the Commission to vate positively for the completion of the first positive development in the TSH zone in a long time. Chairman Walker asked if there was any one else that wished to speak to the item. Seeing and hearing none he brought the item back to the Commission. END PUBLIC HEARING Kenai Planning and ZoNng Commission May 11, 1994 Page 5 Jack La Shot reported that Staff started the re-review process due to the increase in building size and the addition of the whale structure. These changes will require an amendment to the original building permit. La Shot and the City Attorney had reviewed the procedure for the re-review and felt the item should be reviewed under the guidelines in effect at the time the original permit was issued. La Shot said he estimates the building is approximately 50% larger than the original plans outlined. The review should pertain to the building and the whale only, since that is what is required for the building permit. Ron Goecke said he did not understand what the whale had to do with the building permit? La Shot said the City viewed it as a large structure and it does fall under the guidelines of the building code. Phil Bryson said he felt that the footprints of the building had not been altered from the original submitted plan. Jack La Shot said the city had a floor plan when the first permit was issued which listed the floor plan as 2Q X 64. The new floor plan, since the porch was enclosed is more like 21 wide X 85.5 feet long. Councilman Smalley commented with regard to Councilman Bannock's comments regarding the City's responsibility to measure projects. It is not the City's responsibility to measure projects, they may choose to do it, but they are not required to do it. Phil Bryson asked Administration concerning the general procedure of review in TSH zone. Under the procedure, is this review following through with what should have been done at the time the original permit was issued? Should it have been reviewed by the Historic Board at that time? La Shot said he felt there was no other committee or Board established at the time of the original permit. Chairman Walker asked #or additional comments or questions on the item. Bryson asked if the motion was spec'rfic to the building itself, separate from the large wood structure? Loretta Harvey read the motion which was to re-review the development in the TSH zone. Teresa Werner-Quade, said she had gone to the site and spoken with the Vozars. She had contacted several people in regards to this project so she could get as much information as possible on this item. She noted that Vozar's letter had stated that they wished to enclose the porch. Werner-Quade did not have a problem with that. In the original minutes Vozar said the plans for the upper level were not included because there was no immediate plans for that space and it may not be developed far awhile. When developed the area would be a small one-bedroom or a meeting area. Werner Quade felt the extension of the upper level to 85.5 feet is really excessive given the fact that surrounding property owners might not have been able to have input about Kenal Planning and Zoning Commission May 11, 1994 Page 6 the development. She also felt that any contractor doing business within the City has a responsibility to come to the City first, before going ahead with any extension of ~~ plans such as these. Wemer-Quads felt a city imposed fine might be in order. Paul Vozar, said he had been a contractor for 30 years. He felt that if this was the case, when he put on the addition he'd have gone to Jack and said he had changed the plans and paid for the changes. Vozar said he did not do anything wrong, he built according to the needs of the site. He said if you don't add the third story enclosure. He said he was not trying to get away with anything, he would have talked to Jack to see if he owed the City more money. And he felt it was not right for people to say they were going #o shut the project down. He has lived on the bluff for 30 years and been a builder in the area far 25 years. Vozar thought it wasn't fair that he had to come back before the Commission like being in court and he couldn't see why he had to do that. Teresa Wemer-Quads said she felt it was a shame he couldn't see that. Phi! Bryson asked that all comments be directed through the Chair. Paul Vozar said he was sorry that this happened. He didn't realize he had to come back be#ore the Commission he thought he could deal directly through Jack. He didn`t realize he had to bring his plans before a woman. Teresa Werner-Quads said she wanted to answer Mr. Vozar's comments since she felt personally attacked. The matter is not a personal thing, it's a matter of procedure. When you make significant changes to any project you need to check in with the proper authorities. Sandra Vozar apologized for her husband. She said that they have been building in Kenai since ~ 974 and in the past the process has been fairly loose. This was never an issue before, but she realized that building codes are getting tougher, and they should have come to the City and asked. The reason they didn't ask was there was going to be a deck on top, the upper portion will not be started on until October or November. The rest of the space has not been planned for on the upper level. If Vozar's would have just put on the deck, it would have been a possible safety issue. The winds on the roofs might be a hazard, if the deck is enclosed the people will be protected from windsheers on the bluff. Chairman Walker asked fora 10 minutes recess at 8:40. Meeting reconvened at 8:50. Kenai Planning and Zoning Commisslon May 1 i, 1994 Page 7 AMENDED MOTION: RON GOECKE MOVED TO AMEND THE MOTION TO APPROVE THE NEW BUILDING IN THE TSH ZONE AND INCLUDE THE WHALE STRUCTURE. PHIL BRYSON SECONDED. DISCUSSION ON AMENDED MOTION: Phil Bryson asked for clarification on the amendement. Is the amendment to re- approve the presently submitted building application? 6ryson asked if there was a 1994 building permit? La Shot said they will not issue a permit until the Commission makes their decision. Bryson asked if the amendment was for the building as presently being constructed including the artwork? Goecke said that was correct. Bryson concluded that this does not include any encroachments are alleged encroachments. Chairman Walker asked if there was any further discussion on the amendment? Seeing and hearing none he reopened the public hearing for comment on the amended motion. Seeing and hearing none in the audience that wished to present public comment the item was brought back to the Commission. Jack La Shot said it is staff's feeling that they are not making judgement on whether the character of the building is changed. The re-review was a requirement of re- issuing the building permit. Phil Bryson felt that the footings in the original plan and the re-submitted plan had not been changed. So from his perspective the impact to the neighborhood has not significantly changed. At some point the views of the structure changed from a barn type roof to the present roof plan. Chairman Walker said he felt that a gable style roof is just a matter of preference, he did not feel one roof is preferred over another in the TSH zone. He also felt the enclosure of the porch was appropriate on the bluff. VOTE-AMENDED MOTION: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES GONE YES YES GONE YES Kenai Planning and Zoning Commission May 11, 1994 Page 8 VOTE-MAIN MOTION; Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES GONE YES YES GONE YES MOTION PASSED UNANIMOUSLY. Phil Bryson felt it would be appropriate to request that Administration follow-up with setting an organizationa# meeting of the Tawnsite Historic Board. Chairman Walker asked if Bryson would make a motion to that effect. MOTION AND VOTE: PHIL BRYSON MOVE TO REQUEST ADMINISTRATION TO SET A DATE FOR AN ORGANIZATIONAL MEETING FOR THE TOWNSITE HISTORIC BOARD. TERESA WERNER-QUADE SECONDED AND ASKED FOR UNANIMOUS CONSENT. MOTION PASSED BY UNANIMOUS CONSENT. 7. OLD BUSINE5S 8. CODE ENFORCEMENT ITEMS hack La Shot noted the Code Enforcement Table which had been made available at the meeting. He noted that property owners listed on the table would be sent letters regarding junk or abandoned vehicles with the Commission's concurrence. The Commission requested that the letters be sent. Lori McComsey mentioned there was a jun#c trailer off of Tem, next to the apartments. Hal Smalley reported a old truck with an abandoned trailer off Linwood. Staff said they would investigate these new items. 9. REPORTS a. City Council Councilman Smalley reported that Karen Mahurin spoke on behalf of the Save Oldtown Committee, which is not an officially recognized committee by the City. Mahurin reported that a lot of people in the TSH are concerned about preserving and cleaning up the area. Kenai Planning and Zoning Commission May i i , 1994 Page 9 10. PERSONS PRESENT NOT SCHEDULED Sandra Vozar requested that the Council review their policy on allowing large RV caravans to camp on City property. The RV park owners have gone to great expense to develop their lots and it seems the City should not be in the business of renting camping spots. Kevin Walker said that when he was on the Council it was within the City Manager's purview to allow RV's to park on City property. The idea was that RV Caravan's brought additional tourism dollars into the City. He felt it would be appropriate to bring the item before Council for review. Sandra Vozar said she realized it had been necessary in the past to accommodate these Caravans, because there were no alternatives. Now there are several RV Parks within the City limits so the policy should be reevaluated. Clarence Ladd, 807 Cook Ave, said he was also concerned about the erasion of Main and Mission Street. He asked that the Commission keep a #ire lit under the Council to continue to monitor and seek ways to take care of the erosion problem on these streets. fi. INFORMATION ITEMS a. Memo regarding Erosion Main and Mission Street 12. COMMISSION COMMENTS & QUESTIONS Lori McComsey said she would be gone for the May 25th meeting. 13. ADJOURNMENT There being no further business Ron Goecke moved for adjournment. The meeting was adjourned at 8:30 p.m. ~~ espectfully ed, Loretta E. Harvey Administrative Assistant, Planning Department Kenai Planning and Zoning Commission May 11, 1994 Page 11 i•• . ~ ~t PZ VOTING S X994 ROLLCALL VOTE ITEM: ~a7,3 f) BRYSON ~ GOECKE CLICK GOECKE GOECKE ~( ~-~ MCCOMSEY PIERCE MCCOMSEY WERNER-QUADS MCCOMSEY X WERNER-QUADS BRYSON WERNER-QUADS BRYSON WALKER WALKER WALKER ~~w"'~ I`,~,`~ll VOTE ITS v ~~~ ~~ . ~ ~ / VOT VOTE ~ A ~ _ ~i Ci~-1~hrw~• MCCOMSEY WERNER-QUADS MCCOMSEY ~ WERNER-QUADS BRYSON WERNER-QUADS BRYSON CLICK BRYSON GOECKE --~~ GOECKE PIERCE GOECKE MCCOMSEY WALKER WALKER WALKER VOTE M ~~ ~~