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HomeMy WebLinkAbout1994-05-25 P&Z Minutesf d 1 Cit of Kenai Alaska 210 Fidat o Suite 200 PLANNING AND ZONING COMMISSION ~ '"'AGENDA** May 25, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES May 13, 1994 4. PLANNING a. Resolution PZ 94-25: Rasmussen SID #3 ,l ~ b. Resolution PZ 94-2fi: Stanford SID 5. PUBLIC HEARINGS ~'a. Resolution PZ 94-24: Encroachment Steve Bunch 4~~'6. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration iQ. PER NS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Letter to Warren Oja -Spruce Beetle 2. KPB Request for Minutes 3. Memo to Council -Research Black Hills SID 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT PLANNING AND ZONING COMMISSION **MINUTES** May 25, 1994 - 7:a0 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Carl Glick, Teresa Werner-Quade, Charlie Pierce, Kevin Walker Members absent: Lori McComsey Also present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA PHIL BRYSON MOVED APPROVAL OF AGENDA AND ASKED FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES May 11, 1994 RON GOECKE MOVED APPROVAL OF MINUTES AND ASKED FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-25: Rasmussen SID #3 MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 9425 RASMUSSEN S/D #3. CHARLIE PIERCE SECONDED. Chairman Walker asked for public comment, there being none he asked for staff comments. La Shot stated he had nothing to add to the report. Commissioner Bryson added this item was before the Borough at the last meeting and clarified the city requested the easement. La Shot said the city may have put the utility easement on there for one of the water or sewer services. Page 2 -Planning and Zoning Commission May 25, ~ 994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY, b. Resolution PZ 94-26: Stanford SID MOTION: CARL CLICK MOVED APPROVAL OF RESOLUTION PZ 9426 STANFORD S/D. RON GOECKE SECONDED. Chairman asked for public comment, there being none it was brought back to the Commission for questions or comments. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS a. Resolution PZ 94-24: Encroachment Steve Bunch MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 9424: ENCROACHMENT STEVE BUNCH. CARL CLICK SECONDED. Commissioner Walker asked for public comment, there being none it was brought back to the Commission. Walker asked for staff comments. La Shot said he had no additional comments to the report, but he stated the owner thought there was a 10' setback on both sides when actually there is 15' and 10', the total encroachment is 7/10's of a foot. Page 3 -Planning and Zoning Commission ~ May 25, 1994 Minutes Commissioner Goecke asked who is responsible for the encroachment, the owner or builder? Walker stated the builder is until the owner bought it and took over the responsibility. Goecke stated the builder, in this case, has built homes in this town for many years and had to have known the setback. Commissioner Bryson asked for clarification on ~a Shot's comments: is the 7/10's of a foot encroachment into the side setback on the 15' side or the 10' side? La Shot answered the 15' side. Walker said .7 ft. is not very much distance. Clint Hall (the builder of the house) was called to the podium. Commissioner Pierce asked Clint Hall to explain how this encroachment occurred. Hail stated the home is split entry {11/2 story). One side of the building has a living area over the garage. The garage recessed a little way and we expected it would be a 11/2 story, which is 10' setback; our surveyor did not see an encroachment. When we discussed it we thought it would be in the best interest of the owner to get a variance for this; because 10 years from now another surveyor may 'see it as an encroachment. Pierce asked Hall when he was made aware of the encroachment. Hall said at the final Inspection. Commissioner Bryson stated his company has worked with Hall in the past but did not work with him on this property. Bryson said he felt he had na conflict on the issue and will vote unless there is an objection. Chairman Walker stated there is no objection. Goecke asked Hall if he knew there was a 15' setback on two-story homes. Hall replied yes; but he viewed this home as a 11/2 story. Chairman Walker asked what the cast factor would be if this encroachment were evaded. Hall said the ground level would have to be raised up a #ew inches to meet the ordinance to call it a 11/2 story; raise the gas meter so it is the right distance above the ground. Half said the reason they did not want to do that is because he wants a parking pad there and it would make it un-level. Commissioner Bryson stated even if the 15' side set-back was made apparent at the time, it appears the general intent was to follow the code. Page 4 -Planning and Zoning Commission ~ May 25, 1994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY, fi. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS Chairman Walker added the hand-out under Code Enforcement items. La Shot said there will be a couple more items to add to this list. La Shot stated there will be a car crusher on Quandt's property around June 15, a permanent site will be set up in Sterling. Councilman Smalley said he had been questioned about the RV's being parked/used at the guide service by the Eagles Club. La Shot said he has not received any calls on this item; Smalley asked La Shot to check into it. La Shot said he has spoken to the City Attorney about these RV's and a letter might be sent asking them to get a C.U.P. for a limited RV park. 9. REPORTS a. City Counci! Smalley said there will be nine U.S. Senators visiting the City of Kenai, Juiy 4 - 7, participating in the Kenai Fishing Classic. They will be attending fund raisers to support the protection of the habitat; Council will have a gathering with them {possibly on July 7). The city would like to show them bluff and possibly go to the Corps to -get some estimates/ideas on what can be done with the bluff erosion. Smalley stated the city will not have a paid lobbyist next year; the City Manager and Mayor will be doing some lobbying efforts for the city. Walker asked Smalley to elaborate on this subject. Smalley said it was felt with the revenue situations they way they are, and what the city has accomplished from the group that has been going to Juneau, it was Page 5 -Planning and Zoning Commission May 25, 1994 Minutes generally felt we can do just as well. Smalley said the budget was amended to cover the additional benefit packages of the City Manager, City Attorney and City Clerk. Smalley referred to a Letter to the Editor in the newspaper regarding these salaries. He said the Council discussed salaries and evaluations individually; then came back to announce the salaries and evaluations had been set and done. When the time-out was called, the figures were discussed to make sure it was done in accordance with the rules. Smalley said there was a petition brought to the Council for Basin View paving. He stated with the lack of funds there was no action taken. Smalley stated some old playground equipment was donated to the Twin City Raceways. Smalley said the Council discussed the Airport Gates project. The problem was whether or not to keep the old gates far back-up; City Manager said get rid of old gates. He said there was also some discussion on Townsite Historic grants and programs. Smalley reported the city has been looking into making a road into the area behind the dustbowl for some campsites. Walker asked if this has been run through Parks & Recreation. Smalley said it had and they have also checked same other spots, but this spot seems the best. Pierce asked what the estimated cost is. La Shot said the cost is minimal. La Shot said the Public Works Street Crew was told to go out and start making the road. He added that after thinking about it he raised a question of whether the city should have a C.U.P. for a tent camping area in a light industrial zone; the attorney is looking into it and Kim Howard is checking with FAA to see what kind of permission we would need from them. La Shot said one of the camping spots was infringing on a piece of property we just leased to HEA so that site was moved aut, leaving six spats. He said four more spots may be added rather easily. La Shot said the attorney thinks the city does not need to comply with the zoning laws and he will keep the Commission informed. La Sho# said he scheduled a public hearing at the next meeting for it and will wait to hear from the attorney if we need to go through with it. Commissioner Bryson asked about waste facilities. La Shot replied the only thing there now is an outhouse. He added water service may be extended out there. Bryson said this could become a problem with public camping. Smalley said there was talk of putting porta-potties in different locations through-out the city. He added part of the problem with putting in restroom facilities is the cost, it is very high. Walker stated it would be nice if facilities are put in, to have them close to the dustbowl because of it's high volume of use. Page 6 -Planning and Zoning Commission May 25, 1994 Minutes b. Borough Planning Commissioner Bryson said all items on the Borough's agenda was approved. He reported on the item "Supporting the Juneau Creek Alternate on the Sterling Hwy." the DOT came up with several options regarding the highway in the Cooper Landing area; one is upgrading the present road in front of the presently developed areas; another is keeping the highway on the north side of the river and climbing the bench, almost near the Juneau Falls area, which is several miles up the trail, then come down west of the other bridge (up Snug Harbor to Juneau Falls and back down). The community seems to be in support of the route that would by-pass Cooper Landing. Walker asked if the borough was aware the minutes from the City of Kenai's Planning and Zoning meeting would be "Unapproved Minutes." Bryson stated they are aware of that. c. Townsite Historic Board d. Administration La Shot stated he had nothing further to add. Walker told La Shot he has been approached about the "Cannery Rats" problem this year. La Shot said he gave the Police Department information on the property/owners in the area; they will start patrolling down there. Walker added there were people camping in the gravel area at the dock last weekend (three or four}. La Shot said it was passed on to the Dock Manager. He said there may be more problems with campers this year because of the new rules on subsistence fishing. Bryson brought up the change in the intersection at Bridge Access Road and Kenai Spur Highway (DOT's plan for the new highway). He said it will adversely affect all the business' in that area. Through-access would be cut off by a median in the center of Bridge Access Road. La Shot said these concerns have been passed on to the state. Pierce asked if this proposal was on the preliminary plan. La Shot said the earlier plans he received were mostly utility plans, not lane configuration. He added he does not know how receptive the state will be regarding the city's concerns but the state did say they have discussed the changes with Local business'. Bryson said Dairy Queen seems to be the most severe with half their access closed. Pierce said the same is true for Frontage Road. Goecke added not just Arby's in that corner would be impacted, there are seven business' in that lot. Walker said he believes this is something that probably should have come before Planning and Zoning, although he knows the state does not agree. Page 7 -Planning and Zoning Commission } May 25, 1994 Minutes 14. PERSONS PRESENT NOT SCHEDULED Gus Rodes, 207 Birch Street. Mr. Rodes asked if the Commission knew anything about Cable Television right-of-ways. He said he has Cable Television cutting across his land ...tape end}... and they said they have aright-of-way to cut through his private land. La Shot said Cable may have a blanket easement to install service lines, and if they were running a main transmission/cable, they would have to obtain an easement from the property owner. Rodes said HEA ran power across the property 25 to 30 years ago, then Cable came in and hooked it up to a pole and ran it across the property. He said when HEA upgraded their service along Birch Street, they took out the pole in the back and ran underground cable leaving the old pole and saying Cable would take the old pole out. Rodes said the pole is old and rotten. Cable called to talk to Cable about the pole and Cable told him they were granted aright-of-way from Planning and Zoning. Bryson asked Roder if his lot is within the property that Dick Morgan platted, Rodes replied yes. Bryson said Morgan platted an alley/access in the back on those lots, and asked if they were in that alignment. Pierce asked if it is a service drop or major trunk line. Bodes said 1 think it's a service drop to Dunworth's property, it serves his property. Pierce asked if it encroaches an Rodes' property. Rodes said yes. He added what he is worried about is that pole. Walker said he is unaware of any easements granted by the Commission that would not be in the normal designated utility easement. Rodes asked who granted them the franchise. Walker stated their franchise would be granted through their normal business associations, that's a publishing type thing, not a utility easement type franchise. Roder said there is a difference of opinion there. Pierce said there are franchise agreements between local utilities and municipalities or borough, but they still have to follow the utility easement. He added service connections can cross private property, i.e., if this service were servicing your house, it could come from the pole onto your property but it should not, at any paint, go outside the boundaries of your property and encroach on the adjacent property, as it relates to gas utilities. Pierce said he is not familiar with the Cable company's procedures. Smalley said this issue needs to be resolved by Mr. Rodes and Cable Television. Bryson asked La Shot if Cable Television originally install these lines in city right-of-ways without approval? La Shot said there were some negotiations to begin with but by the time they got to the construction they had a permit. Rodes said he is having a difficult time finding out what the definition of a junk/wrecked car is and if this Commission could come up with an answer please let him know. 11. INFORMATION ffEMS 1. Letter to Warren Oja -Spruce Beetle ~ Commissioner Werner-Quade commended Loretta Harvey on the letter she sent to the Page 8 -Planning and Zoning Commission May 25, 1994 Minutes Chugach National Forest. 2. KPB Request for Minutes 3. Memo to Council -Research Black Hills SID 12. COMMISSION COMMENTS & QUESTIONS Commissioner Werner-Quads commented "Mr. Springer said he will try to attend all Planning and Zoning meetings, I don't know what is in Mr. Springer's best interest, but I know that he has not attended any Planning and Zoning meetings." Chairman Walker said he will be unable to attend the June 8, 1994 meeting and asked Carl Glick if he would chair the meeting. Glick stated he will let the secretary know ahead of time if he cannot make the meeting. Smalley stated he will miss a lot of meetings this summer but he will have coverage while he is gone. He also added to be sure and let the Commission know about vacations, etc. i3. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:10. Transcribed and submitted by: ~ ~ ~. ~ ~~ Kathy Wo ord, Public orks Admin. Assistant for Loretta Harvey, Planning & Zoning Secretary