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HomeMy WebLinkAbout1994-06-08 P&Z MinutesPLANNING AND ZONING COMMISSION `*AGENDA*` June 8, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA ~~~~ ~ ` ~3 ,i1~~pc.~ , ~r(~~ ~j ~.~ 3. APPROVAL OF MINUTES May 25, 1994 C,r .nl~~t1~~-~ ~ ~~tw~~C'~-c'~ -( 4. PLANNING ~~ 1'`~.-~'r`~-~, ~-'"~(~, u~',~~(~ ~~` 5. LANDSCAPING 51TE PLAN REVIEWS fi. PUBLIC HEARINGS ~ ~',c.mLl piCG'~~i ~ ~jL ~ L' r-1~;' a-[.~.1 a. Resolution PZ 94-27 -Encroachment Permit, Cochran b. Resolution PZ 94-28 -Conditional Use Permit, Uncle Don's (Don Bridges) c. Resolution PZ 94-29 -Conditional Use Permit, City of Kenai 7. NEW BUSINESS 8. OLD BUSINESS 9. CODE ENFORCEMENT REMS 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Board d. Administration 11. PER50NS PRE ENT NOT SCHEDULED 12. INFORMATION ITEMS a. Letter from K.P.B. (5/26/94) Proposed Classification of 4 Parcels 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLANNING AND ZONING COMMISSION '*MINUTES=* June 8, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Carl Glick, Teresa Werner-Quade, Charlie Pierce, Lori McComsey Members absent: Kevin Walker Also present: Councilman Hal Smalley, City Engineer Jack La Shot, Parks & Rec. Director Kayo McGillivray, and Administrative Assistant Kathy Woodford 2. APPROVAL OF AGENDA Jack La Shot requested the Commission add a LandscapinglSite Review plan for Swarner and O'Connell to the agenda under Item 5 a. RON GOECKE MOVED FOR APPROVAL OF THE AMENDED AGENDA AND ASKED ~ FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES Ma 25 1994 CHARLIE PIERCE MOVED FOR APPROVAL OF MINUTES, RON GOECKE SECONDED. Werner-Quade requested the minutes of May 25, reflect her comments as stated uMr. 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 f know that he has not attended any Planning and Zoning meetings." She stated her comments in the May 25, minutes were incorrect. CHARLIE PIERCE MOVED FOR APPROVAL OF THE MINUTES AS AMENDED, RON GOECKE SECONDED. MINUTES OF MAY 25, 1994 MEETING APPROVED. 4. PLANNING 5. LANDSCAPING SITE PLAN REVIEWS a. Swarner/0'Connell LandscapinglSite Plan Review ' Page 2 -Planning and Zoning Commission June $, 1994 Minutes La Shot stated he hand-carried a set of plans for an interior remodel of two units in the Willow Street Business Center. He said the code requires anything in the commercial zone, over $10,000 shall be reviewed for landscape/site plan review. La Shot stated he did not feel this was too complicated where it had to wait until the next meeting and hold up their building permit. La Shot asked the Commissioners to come up and look at the plans. Glick called an at ease to look at the plans. MOTION: RON GOECKE MOVED APPROVAL OF THE SITE PLAN AS PRESENTED. CHARLIE PIERCE SECONDED. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS a. Resolution PZ 94-27 -Encroachment Permit, Cochran Vice-Chair opened the Encroachment Permit to Public Hearing. Tom Cochran, P4 Box 1505, Kenai, AK. Cochran stated he is requesting an encroachment permit for property on Wooded Glen Court. Cochran stated he and his wife made an offer on the property one year ago. After researching the property, they were unable to ge# financing because of the encroachment, and unable to petition #or a waiver because they were not owners of record. Cochran said they have since purchased the property from Fannie Mae, and hoped the Commission would approve the encroachment permit application. Cochran stated there are ten homes in this cul-de-sac, and several vacant lots which belong to Marion Nelson. He said he understands that Ms. Nelson has opposed the approval of the encroachment permit when applied for before. (Cochran's wife handed out a copy of a petition signed by all of the home-owners in the cul-de-sac.) Cochran stated he contacted Nelson on June 6, by telephone to try and resolve the issue between them. He said Nelson stated "I feel we only have two ways to resolve this problem; you can buy my land or you can buy my silence." Cochran said he asked her how much money to buy her silence and she stated "not $500." Cochran said he understood her statement to mean he either pay her for her silence and she Page 3 -Planning and Zoning Commission June 8, 1994 Minutes would be in favor of the permit, or buy her property. Cochran said he felt it strange she did not include the Planning & Zoning Commission as a third way of resolving the matter. He stated he felt the Commission was the way to resolve this issue. Cochran said he thinks the encroachment permit would enhance Nelson's property by having someone living in the home, keeping it up, not having an empty run down home. Cochran said one other person on the street was granted a permit to put an addition that encroached on the neighbors property. He said he doesn't Understand why one permit would be granted and not another one. Pierce asked Cochran if he is the legal owner. Cochran said he is in the process of buying it now. Pierce asked if he has closed on the property and 'rf it has been recorded in his name. Cochran answered no. Pierce asked where the other permit was granted to encroach on the neighbors property. Cochran said it was up to the property line, 111 Wooded Glen Court, the Hart residence. Glick asked if anything had substantially changed since the last time Cochran was turned down. Cochran stated he didn't make the last request, he wasn't the owner, he was only making an offer on the home; he added he is buying it now. Glick asked if he can get his loan without the permit. Cochran said no, he can still get the loan. Fannie Mae is the owner, they are the only loaning institute because it's not a financeable #itle; it's not free and clear. He said if he wants to sell the home someday, he'll have a hard time selling it without the permit. Richard Mueller, Box 1470, Kenai, Heritage Real Estate. Mueller said he feels the setback should only be 5' because that end of the structure is one story with a flat roof. The ordinance requires a 5' setback for one story buildings. Mueller stated Nelson was aware of the encroachment at the time of original construction and did nothing about it at that time. Mueller said the building inspector did not catch the encroachment either. He added a procedure should be set up, and an as-built survey done prior to construction of the structure to prevent these encroachments. Mueller said granting of an encroachment permit would not alter the value of adjoining lots and not granting the permit could leave a home unsold leaving and neglected. He added future buyers won't be able to get special financing, Fannie Mae will not finance it a second time. Mueller said the price is $26,000 below the asking price from last year because of this encroachment. He said the former owner was foreclosed on because he could not sell it. Mueller said he felt an encroachment permit would benefit the area by keeping the prices up and should also Ms. Nelson by leaving her lot intact rather than making one more narrow at the prime bluff building site; allowing her to maximize potential of the lots. Marian Nelson, Box 3612, Kenai, AK. Ms. Nelson stated she purchased the property and through no fault of her own, there is an encroachment next to her. She referred to her letter that was handed out at the meeting, stating her position. Nelson said the structure Page 4 -Planning and Zoning Commission June 8, 1994 Minutes and encroachment is still the same as last year and she does not believe it is worthy of a hearing. She added she believes this matter should be settled outside Planning & Zoning; maybe the Cochrans and Nelson could come to some kind of agreement and bring it back to P & Z for approval. Nelson said Council did not approve it last year. Goecke asked Nelson rf she was aware of the encroachment at the time of construc#ion. Nelson said yes, Dave Brawn called her and told her he thought he was a little over the setback. Nelson said she felt maybe one comer of the house over the setback, and did not pay attention to the situation that existed. Dave Brown told her to wait .and see if Howard (Hackney) catches it. Nelson said it was not caught and went forward from there. She admitted to not being as sensitive to it then as she is now. Nelson said no one has contacted her personally to work it out until Tom Cochran called her. Werner-Quads asked Nelson if she is currently trying to sell lot 8. Nelson said she is not trying to sell either. Werner-Quads asked ifi she would like to sell lot 8 in the future. Nelson replied she had no idea. Bryson referred to the statement that Howard should have caught the encroachment, he asked ff the city had a requirement that lot corners be in, at the time this was constructed. La Shot said at the time there was not requirement fior the building inspector to ascertain the location of the building on the lot. He added since that time an ordinance has been passed tha# says before final inspection, an as-built has #o be presented. Pierce said if the Cochrans are not the registered or recorded owner at this #ime; how can they apply for this permit? He said it appears Fannie Mae should be applying for the permit. La Shot said if a permit was granted, it would go with the property, regardless of the owner. He said it may be true Fannie Mae owns the property at this time, but should the property sell the permi# would go with it. Goecke clarified Pierce's question; can anon-owner request a variance (encroachment). La Shat said he has not seen anything in the code to prevent them from applying for the permit for the property. He added if the pem~it was granted and the Cochrans did not buy the property, he does not know if the permit would be valid with the property. Smalley stated there was an instance where the lending institution was here applying for a permit. Glick concurred saying there were actually two times. Pierce stated for the record he is a fellow Rotarian, he knows Marion Nelson through the Kenai Rotary Club, there is no fiduciary benefit to himself and does not perceive any conflict of interest in taking part in the vote on this issue. Glick ruled there is no conflict. MOTION Page 5 -Planning and Zoning Commission June 8, 1994 Minutes RON GOECKE RECOMMENDED APPROVAL OF PZ 94-27, PHIL BRYSON SECONDED. Goecke asked if staff had anything more to add other than what is on the Staff Report. La Shot said he had nothing more to add. He added the code is not clear on what constitutes the stories of a house on the respective house in question. La Shot said this house is predominately two scary, on the side of the encroachment it is single story for approximately 15', on top of the one story is a deck. He added it is hard to define how many stories are on that side. La Shot said Administration's main concern would be the building code requirements that no openings exist and a one hour fire wail be there for anything less than three feet of an adjoining property line. AMENDED MOTION GOECKE AMENDED HIS MOTION BY REQUIRING THE INSTALLATION OF A ONE HOUR RRE WALL .AND THERE BE NO WINDOWS OR DOORS ON THAT SIDE: BRYSON SECONDED. Bryson referred to the City Attorney's memo that states there needs to be some sort of material change in the situation; there has to be something done now to remove the cloud from over the property. Glick added for the record Ms. Nelson hand carried a letter of objection to the meeting for the Commissioners. VOTE -AMENDMENT: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES ABSENT AMENDMENT. PASSED UNANIMOUSLY. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YE5 YES NO YES NO NO ABSENT MOTION DOES NOT PASS. Page fi -Planning and Zoning Commission June 8, 1994 Minutes b. Resolution PZ 94-28 -Conditional Use Permit, Uncle Don's MOTION RON GOECKE MOVED FOR APPROVAL OF PZ 9428, MCCOMSEY SECONDED. La Shot said this came to the city's attention by way of the advertisement sent to City Hall. He said Uncle Don's is renting apartments on a nightly basis rather than monthly, which does require a CUP. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker NO YES YES YES YES NO ABSENT " MOTION PASSES. c. Resolution PZ 94-29 -Conditional Use Permit, City of Kenai MOTION CHARLIE PIERCE MOVED FOR APPROVAL OF PZ 9429, MCCOMSEY SECONDED. La Shot said Administration was directed to establish a tent camping area, north of the dustbowl ballfield {just passed Pizza Hut}. He said there is six spaces in existence, on lot 1 or Tract C, Baron Park No. 5, with some room for future expansion. La Shot referred to the City Attorney's memo stating the city does need to apply for a permit. Kayo McGillivray added this area has been used for a number of things, and is an area that gives #ouris# campers a place where they are out of sight. The city has put in parking pads, fire pits and picnic tables. He said there are already outhouses there and the city is in the process of putting in water to the area. Goecke commented the application for permit is "after the fact." McGillivray said is because he was unaware we would need one. Goecke stated he commends the city for coming up with some place to use, he was just being facetious. McGillivray added it is airport land and the city has received verbal approval #rom FAA and written approval is on its way. Page 7 -Planning and Zoning Commission } June 8, 1994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YE5 YES YE5 ABSENT MOTION PASSES. 7. NEW BUSINESS None 8. OLD BUSINESS None 9. CODE ENFORCEMENT ITEMS La Shot said the car crusher. should be here anytime. 10. REPORTS a. City Council Councilman Smalley said Station No. 3 at the City Dock did not receive any bids at the original bid opening. Paul Dale, Snug Harbor Seafoods, had the lease of Station No. 2. Public Works Admin. received several proposals for Station No. 3 and ended up awarding the lease to Snug Harbor Seafoods for $20,500 for both stations, plus $,375/1b. for anything over 400,000 lbs. Smalley reported Charlie Pierce spoke to the Council regarding paving Basin View Subdivision. The city did accept chose roads, but they have to be brought up to standard before paving can be done which adds to the cost. Smalley said the city is in the process of developing road projects and keeping in mind Basin View Subdivision. Smalley said Dave Becket spoke to the Council representing Habitat for Humanity. They have two homes in the city now. He said they have some land off Linwood but there is no water and sewer there so they are looking for some additional property they can use. Page 8 -Planning and Zoning Commission June 8, 1994 Minutes The city is looking to seerf there is any land available for them. Smalley reported the city decided to keep Walters & Olson and Last Frontier insurance rather than going with the AML joint insurance package. Smalley said there was discussion about the cross-walk at Tinker Lane on the Spur Highway. He said the state had talked about putting a flashing light there, they are not considering an overpass. Smalley stated the Corps of Engineers did a survey a number of years ago on the bluff erosion and the price to do some type of control was around 25 million dollars. He said the city would have to do some kind of study of its own now before the Corps will even look at it. Smalley said part of the criteria involved in stabilization is the majority of the land has to be public land, and that is not the case. Smalley said there will be 8 rather than 9 senators coming for the fund raiser far the Kenai Habitat Program. Pierce asked how the fund raiser will work. Smalley said he has not seen anything on it accept for the dinner being held at the Sports Center. The city is donating $2,000 (that was in the legislative budget) to help prepare the dinner. Goecke questioned the majority of the land on the bluff being public land. Smalley said the majority of the land is private. Goecke said he thought the city owned from Lake Street to the City Dock. Bryson clarified that except for two tracts along the bluff, from Lake Street is city. Smalley reported he will miss the next meeting, 6122, and Councilman Bannock will sit in for him. b. Borough Planning Bryson reported there has not been a meeting since his last report. c. Townsite Historic Board d. Administration La Shot reported he received a C.U.P. application for the Townsite Historic Zone. He said he requested the Historic Board meet prior to the next meeting. La Shot said he thought there was someone here to discuss this C.U.P. that will speak under Persons Present Not Scheduled. Page 9 -Planning and Zoning Commission June 8, 1994 Minutes ~ ~. PERSONS PRESENT NQT SCHEDULED Sandra Vozar, owner of Toyon Villa and Beluga RV Park. She stated she owns another lot in Old Town, at the comer of Upland and Mission Avenue (she passed around a map showing location of lot). Vozar said two ladies have come to her and want to put a bus there that serves fast food and coffee. The ladies have obtained their City of Kenai Mobil Food Vendors License and their State of Alaska Environment Conservation Food Service Establishment Inspection, which was 92 points and had a comment that the facility was very nice. Vozar said the bus is an older bus but it is a very nice bus. Vozar said she subm fitted a C. U. P. application to La Shot fast week thinking it could be heard at this meeting. She said she did not realize it would take until the June 22 meeting because of the Historic Board having to meet and the notices having to be mailed. Vozar said what they are here asking for is temporary permission to operate the bus for 10 days prior to Planning and Zoning hearing the application. She said if the approval is not granted by Townsite Historic and Planning and Zoning they will disconnect and go elsewhere. Vozar said there is a need for food/coffee in the area because of tourist walking through from the RV parks in the area. She stated it is not located by the church and should not raise any problem with them. Vozar said she asked La Shot for temporary permission and he would not say yes. She said La Shot told her to talk to the City Manager and the City Manager passed it an to Planning and Zoning. Werner-Quads asked if this bus is like the coffee bus. Vozar said yes, but nicer. Werner-Quads verified the bus is not Vozar's, just the property is. Vozar said yes. Pierce asked what kind of problem the wait until June 22 would cause. Vozar said she understood that getting a permit in Old Town would not be held up by the Historic Board. She said she turned in her application in time for this meeting and now they don't know if the Historic Board wilt even meet before the next Planning & Zoning meeting. Vozar said the ladies would like to get the bus open now. She said it takes a week to get their food and service hooked up so they won't be open until July 1 if they wait until the next meeting. Vozar said if they have to wait they can go somewhere else where they don't have to ask anyone #or permission. Vozar stated she can't imagine what the Historic Board will say, are they going to tell her no? She said nobody seems to want to answer he question. La Shot said the reason it was scheduled far the next meeting is the code requires a C.U.P, application be mailed to all owners of property within 300', 10 days prior to the meeting, so it could not have gotten to this meeting. He said the Historic Board has not held up the process. He added the code has no provisions for a temporary C.U.P., that's why Administration would not grant one. Goecke asked if the Commission has the authority to grant a temporary permit. Glick Page 10 -Planning and Zoning Commission 1 June 8, 1994 Minutes said he understands the vendors problem but not having any provision in the code he does not feel we can do this. Bryson said the Commission has been warned before that an item that will be before us in the future is an item of action, this is voicing an opinion before a public hearing. Pierce stated the Commission should notify the public, following procedure. He asked when the notices will be sent. La Shot said they will go out Monday, which will be within the 10 day limit. Glick said unless anybody disagrees with him, he feels the Commission cannot grant a temporary permit. 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Bryson said concerning the comment made about the Building inspector being present at all meetings, if there is not a pertinent item on the agenda the inspector needs to be here to talk about, it would be a waste of his time to be here every time. La Shot added it is not his choice, or feelings, as to whether he shows up at these meetings, he is staff and he is paid to be here so he has to be directed to be here. La Shot said if you want more, or particular, staff here, and don't feel it's adequately represented, it should be presented to the City Manager. Smalley said he will make the request to Council if he is asked. Goecke said he thinks there are times where the Building Inspector could provide input; although Jack had done a very adequate job. He said he remembers Springer saying that he was going to try and be at all the P & Z meetings, and he concurs with Theresa, if you say it, do it. Werner-Quads said originally when she decided to change the minutes it was because the comments that were made said she said "it was in Mr. Springer's best interest to attend a Townsite His#oric meeting." She said that was one thing #hat was said but it was said around a lot ofi other things. Werner-Quads said she is not trying to imply that Springer should be at every meeting by any means, she is simply saying that we were part of a rather important meeting, the Townsite Historic Review Board, and that is where Springer made the comment about attending every meeting. She said she has attended every meeting and Springer has not attended one. Werner-Quads said at the last meeting, it seemed important to bring up the fact that his expertise could, might, maybe be needed. She said she felt her comments needed to be clarified in the minutes, and Page 11 -Planning and Zoning Commission \} June 8, 1994 Minutes she has no idea what his best interest is. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:15. Transcribed and submitted by: Kathy Wo ord, Public orks Admin. Assistant PZ VOTING L~ ~ ~ ~`-~ 1994 ITEM: ROLLCALL VOTE~~ ~~ 'r~~ BRYSON GLICK GOECKE CLICK ~ GOECKE ~, PIERCE ~,~ GOECKE ~ PIERCE MCCOMSEY `~ PIERCE MCCOMSEY ~ WERNER-QUADE MCCOMSEY / WERNER-QUADE ~- BRYSON WERNER-QUADE ~ BRYSON `~. CLICK WALKER ALKER WALKER ITEM: VOTE L~-~ V ~i G VOTE fkVV~-nca PIERCE ~ MCCOMSEY WERNER-QUADE MCCOMSEY ~~ WERNER-QUADE ~~ BRYSON WERNER-QUADE ~ BRYSON ~~ CLICK BRYSON ~ GLICK ~. ~~ GOECKE GLICK ~, GOECKE PIERCE ~, GOECKE '~~ PIERCE ~~ MCCOMSEY WALKER WALKER WALKER ~,1 'U~ VOTE ~; ~~~~