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HomeMy WebLinkAbout1994-06-22 P&Z Minutesr,~ ~. ~ ~;.., F City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION ''Amended AGENDA** June 22, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 8, 1994 4. PLANNING a. Resolution PZ 94-31: Iola Subdivision 5. PUBLIC HEARINGS a. Resolution PZ 94-30: Mobile Food Vendor Bus - Vozar 6. NEW BUSINESS 7. OLD BUSINESS a. Reconsideration Resolution PZ 94-27: Encroachment 118 Wooded Glen Court -Cochran 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED i 1. INFORMATION ITEMS i 2. COMMISSION COMMENTS & QUESTIONS 1$. ADJOURNMENT City of Kenai, Alaska 210 Fidaigo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** June 22, 1994 - 7:00 p.m. Chairman Kevin Walker ~. ROLL CALL Members present: Phil Bryson, Carl Glick, Ron Goecke, Charlie Pierce, Lori McComsey, Kevin Walker Members absent: Teresa Wemer-Quade {excused) Also present: Councilman Duane Bannock, Building Official Bob Springer, Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA MOTION: RON GOECKE MOVED APPROVAL OF THE AGENDA. LORI MCCOMSEY SECONDED. CHARLIE PIERCE MOVED TO AMEND THE AGENDA FOR RECONSIDERATION OF THE ACTION TAKEN DURING THE JUNE 8TH MEETING ON RESOLUTION PZ 94 27: REAPPLICATION FOR ENCROACHMENT PERMIT FOR LOT 2, BLOCK 9 DEEPWOOD PARK. PIERCE ALSO REQUESTED THAT THE APPLICATION BE AMENDED TO SHOW THE REQUESTOR OF THE ENCROACHMENT BE THE NAME OF THE REGISTERED OWNER OR THEIR AGENT. RON GOECKE SECONDED. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT YES YES YES MOTION PASSED UNANIMOUSLY. Reconsideration of PZ 94-27 was added to the agenda under 7 a. Old Business. Kenai Planning and Zoning Commission June 22, 1994 -Meeting ,) Page 1 3. APPROVAL OF MINUTES June 8, 1994 MOTION AND VOTE: CARL GLICK MOVED APPROygL OF MINUTES. RON GOECKE SECONDED AND ASKED FOR UNANIMOUS CONSENT. MOTION PASSED BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-31: Iola Subdivision MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 9431: IOLA SUBDIVISION. CARL GLICK SECONDED. DISCUSSION; Chairman Walker asked it there were persons in the audience that would like to address this item. Seeing and hearing none he brought it back to the Commission for discussion. Phil Bryson noted that he had no interest in the parcel as far as his business. However, he was an adjacent property owner, so if they were proposing to put in water and sewer across the street he might be affected, but he would still be voting on the item. Bryson commented on the City Engineer's report that stated a 40' right-of- way (ROW) was not allowed. A 40' ROW is allowed at the Borough level if three lots or less are served. He fait that the developer might want to ask for a special consideration if 50' ROW is required. Loretta Harvey said .that the city does not allow a 40' ROW and that the 50' ROW is only allowed by a majority vote of the P&Z Commission. Also the City Engineer would like a recommendation from P&Z whether paving, and curb and gutter should be required for the subdivision. Chairman Walker asked if there were any Commissioners that wished to address the City Engineer's comments regarding the 50 foot ROW and paving, curb and gutter? J Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 2 Ron Goecke asked if the city requires paving in some subdivisions? Bob Springer said he would have to check, but he thought in some zones (RS) paving is required. AMENDED MOTION: RON GOECKE MOVED TO AMEND THE MOTION TO INCLUDE A 50 FOOT ROW REQUIREMENT AND THAT THE STREET BE PAVED AND CURB AND GUTTER BE INSTALLED PER STAFF RECOMMENDATION. ALSO, THAT AN INSTALLATION AGREEMENT FOR CONSTRUCTION OF STREET DRAINAGE AND WATER AND SEWER SYSTEMS BE OBTAINED. CARL CLICK SECONDED. Phil Bryson said he had never known of an instance where paving and curb and gutter have been required in a small contained area. Chairman Walker asked the Administrative Assistant to read back the amendment. Loretta Harvey read the motion which was to include the 5Q foot ROW and paving, curb and gutter and require an installation agreement per staff recommendation. Walker asked for further comments from the Planning Commission and agreed with Bryson that the city has never required paving, curb and gutter in the past. Ron Goecke did not have a problem with taking out the requirement far paving, and curb and gutter. The main thing that he wished to include is the 50' RQW requirement. He withdrew the requirement for paving and curb and gutter with concurrence of second. Carl Glick concurred. VOTE AMENDED MOTION: 50' ROW instead of 40' ROW. VOTE MAIN MOTION: Approval of IOLA SJD. Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YE5 YES ABSENT YES YES YES MOTION PASSED UNANIMOUSLY. Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 3 MOTION PASSED UNANIMOUSLY, 5. PUBLIC HEARINGS a. Resolution PZ 94-30: Mobile Food Vendor Bus -Vozar MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 94-30: CONDITIONAL USE PERMIT -MOBILE FOOD VENDOR - VOZAR. CHARLIE PIERCE SECONDED. PUBLIC HEARING: Chairman Walker introduced the item and asked for public comment. Sandra Vozar 1001, Mission Avenue. Hi, my name is Sandra Vozar and you remember me from two weeks ago when I brought this up, asking then for a temporary {permit) until we went through the historical {board). Again, we are wanting to put in a food bus in the Oldtown area, on Overland Street, I believe it is, Lot 18 Block 5. We do have DEC approval and the City of Kenai Vendor License approval. This is an important issue to me, and I have flown from Palmer/Anchorage last night and tonight. My daughter is raving a baby, and I'm supposed to be there, and I have to keep flying here to do this. This is important to me. The reason that I bring this point out is that I have gone to great lengths to be here. Last night I arrived here for the Historical Committee, ceritified letters had gone out and it was in the newspaper, and letters went out also and only three people showed up for the Historical Committee, so there was no quorum. There was ample time to know that this issue was coming up. Also, certified letters went to everybody within 300 feet of this property, which would be Jahrig, Tomrdle, Howard, myself and possibly Lonzy Stanford (1'm not sure if he was within the 300 feet). But, I don't see any of those peapie here and maybe there are some people from the public in regards to this. Jahrig has offered his sewer and water from his lot and his electricity in order to put this food bus into service, so I know we have Jahrig's support. There was some issue brought up last night with regards to the idea because it wasn't on a permanent foundation, that it was a temporary bus. We realized that. That is what we are asking for, to allow a temporary bus to sit on there. I remember being in Kenai many years ago and the Ski-mo was on a temporary bus. A lot of times businesses do this, they set up a temporary business to see if it is even feasible. Next year it may not be feasible, maybe next year somebody will build a permanent restaurant across the street in the Commercial Zone. But, if the P&Z or City wants to restrict Mobile Food buses than make an Ordinance that says, "no mobile food vendors" or no "mobile food vendors in the TSH" or don't issue a food vendor license J Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 4 for the Historic area. But at this time were confused about what we are suppose to be looking at in the TSH zone. Mrs. Vozar just wanted to see the bus passed so that the people can serve their food and people walking to the bluff can get a hotdog or hamburger and sit on the bluff and enjoy the beautiful Kenai view. Roger Meeks, PO Box 424, Kenai. Mrs. Vozar just stated that the Historical Commission made a statement. The Historical Commission did not make a statement last night. One of the members made a statement. There was no quorum, so any statement that came out of the meeting last night was merely people's opinion. Because we didn't have a quorum, so you can't say that the Historical Commission made a statement, it wasn't a decision of the Commission itself. I was asked for a decision on the matter and frankly I had not looked into the issue enough to make a decision. Tonight, it doesn't matter to me which way it goes, for or against, as far as the Historical Commission, I can't make a statement for them. Since it is a temporary structure that can be removed if it doesn't work out it's okay with me, but the Commission did not have a decision last night. Father Marcarius Targonsky, I'm now retired, so I do not speak officially for the Russian Orthodox Church, but as a member of the community I can express my beliefs and opinions. I think this application is not in violation of our Historical District at ail. I fee! if a denial is made tonight, I am looking to the future, the church may wish to serve traditional Russian foods at the rectory, or in a bus temporarily if the rectory is occupied by a Priest or Fort Kenay is leased out to someone, they may want to serve food and they would be denied such a thing. I'm looking to the future for the sake of the church and the church just may do that as a temporary measure. We've had a trailer on that temporarily. The bus is in no violation of the Historic code as far as I'm concerned, it's only one block away from the American Legion where food is served. Targonsky asked that the Commission grant permission for the bus. Last year there was a coffee house across from the church and it was not in violation and it is closer to the church than Mrs. Vozar's property. Thank you for listening to my opinions on this issue. Shirley Hatch, Kenai, I'm one of the co-owners of this bus. She appreciated everyone's attention to this matter and stated they did not wish to cause any problems. They liked the location they had chosen and Mrs. Vozar was kind enough to say that she would work out something with them. For two women over fifty it's a little scary, but we can cook and we have all the facilities, we don't mean to step on anyone's toes as far as the church, we respect religion. We hope to see someone go into the area and do something, develop the area for tourism. Kenai planning and zoning Commission June 22, 1994 -Meeting Page 5 ,~ We had planned on putting the bus there, put out an awning and a carpeted area for people to eat and enjoy the view. We had thought about putting up some siding to detract from the fact that it is a bus. It's clean, we have a '92 inspection and it's totally up to par. We have no intention of defacing the property. This one advantage of mobile we can take it and hit some of the fishing derbies and things of that type, but we need a home base and this is basically what we are asking for, at this time. Thank you very much. Chairman Walker asked if there was anyone else in the public who wished to address this item? Seeing and hearing none he brought it back to the Commission for discussion. DISCUSSION: Phil Bryson said he had been at the meeting the previous night. When the applicant proposed her original application she mentioned several options which included some sort of a screening and the other was the one year permit, and treated on a year-by- year basis. AMENDED MOTION: PHIL BRYSON PROPOSED AN AMENDMENT NOTING THAT SINCE THE ~ APPLICATION IS SITE SPECIFIC TO LOT 18 BLOCK 5 OF THE ORIGINAL TOWNSRE A ONE YEAR PERMIT BE GRANTED. CHARLIE PIERCE SECONDED. Bryson asked for the applicant's comments on the amendment. Vozar said she wouldn't have a problem with a one year permit, but did not see where the code addressed a time limit. She worried that when the bus was reviewed in a year there may be other vendors in the area so her permit may not be renewed. Vozar hoped similar businesses would be treated on the same basis as the mobile flood bus, make it fair for everybody. Bryson also noted that Lot 18 was quite remote from the Church area and on the TSH boundary so he felt it would have a minimum impact on the area. VOTE AMENDED MOTION: Issue permit with on year limit to be reviewed on a year-by-year basis. J Kenai Planning and Zoning Commission June 22, ~ 994 -Meeting Page 6 Bryson Goecke Pierce Werner-Quads McComsey Glick Walker YES YES YES ABSENT YES YE5 YES MOTION PASSED UNANIMOUSLY. VOTE MAIN MOTION: Resolution PZ 94-31: Approval of Conditional Use Permit for Mobile Food Vendor Bus - Vozar. 6. NEW BUSINESS -None. 7. OLD BUSINESS -Reconsideration a. Resolution PZ 94-27: Encroachment 118 Wooded Glen Court ~ Chairman Walker introduced the item and explained that since this was the first Legislative Day of the P&Z Commission since the last meeting the action could be reconsidered. MOTION: MOTION TO RECONSIDER CHARLIE PIERCE RESTATED THAT HIS MOTION WAS TO RECONSIDER THE ACTION TAKEN AT THE .JULY 8TH MEETING. CARL GLICK SECONDED. Chairman Walker asked that the motion to reconsider be addressed first, before any amendment was considered. The motion was made and seconded. Phil Bryson requested a paint of order. He felt the motion to reconsider should be addressed before any other action could be taken. Chairman Walker asked for a roll call vote on the motion to recansider. Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 7 MOTION PASSED UNANIMOUSLY. VOTE: MOTION: CHARLIE PIERCE MOVED TO AMEND THE ORIGINAL APPLICATION TO SHOW THE REGISTERED PROPERTY OWNER ANDJOR THEIR AGENT AS THE APPLICANT OR REGISTER FOR THE PERMIT. IN ADDITION, CONDITIONS OF APPROVAL WOULD RE(~U1RE A ONE HOUR FIRE WALL BE INSTALLED ON THE EXISTING STRUCTURE. CARL CLICK SECONDED. DISCUSSION: Phil Bryson asked if the owner of record or a representative was in the audience? Kathleen Foster, Heritage Real Estate, P.O. Box 2505 Kenai, said she was the representative of the buyers {Tom & Pam Cochran). The owner of the property was Fannie Mae and there was no representative from that organization in attendance. Fannie Mae has reduced the price of the house significantly so they wouldn't have to pursue the encroachment themselves. They figured if they could tower their price enough they could entice someone to buy it even with the encroachment problem. The Cochrans agreed to buy the house and apply for the encroachment themselves, which was denied. They agreed to go ahead and close anyway, until it was brought to their attention that there was a potential $500 a day penalty for an unauthorized encroachment. At that point they got scared and backed out and didn't want to close and become the owner of record with this cloud hanging over this house. Without knowing this they put up a $10,000 non-refundable earnest money on the house. So, if it wouldn't have come to our attention about this fine, coming due at any point, they would have been owner of record two days ago. They have filed an extension and are scheduled to close on or before July 5th, and if they don't they wilt lose their $10,000. They are still reluctant to close, not because they are not willing to accept the house, but they are concerned about the fine. Kenai Planning and Zoning Commission June 22, 1984 -Meeting Page S MOTION PASSED UNANIMOUSLY. Chairman Walker asked if the applicants had entered into any discussions with the owner of the adjoining lot. Kathleen Foster said they have talked to Marion Nelson several times. She wants the full value of her lot for whatever square footage it takes to correct the problem, whether it's 2.5 feet or 12.5 feet, she wants the full value of her lot for that amount of property. She first estimated her lot at $50,000. So she wanted that amount for that strip of land up that side, 2.5, 15 feet or whatever. Then she said it was worth of at least $35,000. The applicants did not feel they could afford that kind of money for that small strip, They did not feel she was negotiating in good faith with them. They probably would have considered a reasonable amount, but they are not able to pay that kind of money. Chairman Walker noted Foster's comments in the previous minutes "the owner of record has reduced this property some $26,000 in order to sell this property". Foster said that was correct but she wants $35,000, and they were going #o be financing the money to pay her. That was going to be part of the new home loan. Chairman Walker said he was not sure if the Commission could place Fannie Mae as the requestor on this item. Charlie Pierce felt that was one of the problems he had with the original issue on June 8th. He questioned how a potential buyer could come into the City and apply far a perm it on a property they were not the legal owner of, and they have no binding responsibility for. Foster said they had a very binding responsibility. Pierce said that he understood that the applicants felt they had binding responsibilities but the permit goes with the property and it will transfer with all owners. Pierce wandered how a buyer could represent himsel# and obtain a permit on property that he was not the legal owner of record on. This was one issue he took with the permit previously. He felt Fannie Mae should be the applicant on the permit. Foster said that she is sure that is going to happen if the deal falls through and the $10,000 is forfeited and Fannie Mae finds out they can not sell this property again. Fannie Mae will probably come back before the Commission. Regardless of who receives the permit the property needs to have something done. The house will be there forever, unless it burns down, the fact that it has a perm it or doesn't is not going to change it's relation to the lot line. It's a bad situation and has been for a long time and denying this permit is only make the situation worse not better. Ron Goecke requested that the Commission take a break. Chairman Walker called for a break at approximately 7:55. 1 Kenai Planning and Zoning Commission June 22, i 994 -Messing Page 9 THE MEETING RESUMED AT 8:05 Chairman Walker called the meeting back to order and asked the Secretary to reread the motion. Harney read the motion that the original application be amended to contain the name of the requestor as the original property owner or a representative thereof and condition of approval be contingent upon a one hour firewall being installed in the current building. Charlie Pierce noted he had said "legal registered property owner andlor their agent". Pierce asked to amend motion. RESTATED MOTION: CHARLIE PIERCE WISHED TO MAKE THE APPROVAL OF THE PERMIT CONTINGENT UPON MR. AND MRS. COCHRAN BECOMING THE REGISTERED OWNERS OF THE PROPERTY OF LOT 9 BLOCK 2 DEEPWOOD PARK AND INCLUDING THE 1-HOUR FIRE WALL ON EXISTING BUILDING. CARL GLICK SECONDED. Phil Bryson said he understood that Pierce wanted the applicant to become the owner of record before the Encroachment becomes effective. Chairman Walker noted the memo from Bob Springer, Building Official regarding the fire wall. Bob Springer said that if there was an accessory structure attached to the building it could be within 3 feet of the property fine. If someone was to build an accessory structure on the adjoining lot the buildings could be within 6 feet of each other and a fire wall would be required. Since there is no way of knowing whether an accessory structure will be there in the future, the Building Official recommended that this building have a fire wall. There may already be a 1-hour fire wall, he would have to investigate this. A 518 sheet rock on the interior wall of the house would be sufficient to meet the 1-hour fire wall criteria. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES ABSENT YES YES NO MOTION PASSED BY MAJORITY VOTE. Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 10 } 8. CODE ENFORCEMENT REMS 9. REPORTS a. City Council Duane Bannock reported on agenda items including spending $38,000 on Water & Sewer Telemetry systems. Habitat for Humanity is building another house within the city and requesting the property the city has off Wildwood Drive. The contaminated soils near the City Shop were addressed and the City will be funding a study to verify where the contamination is coming from. Charlie Pierce asked if Haliburton owned the building across from HEA? Bannock said yes. Pierce said he noticed a ditch with a 55 gallon drum, hoses, etc. in it and he wandered if that was related to the problem. Bannock said he could not answer that for sure but he fait that it was probable all related. He also noted that there would be a special election held on June 28th to determine residency requirements for running for City Council. In the event that the no votes prevail the State will impose their 30 day guideline. b. Borough Planning Phil Bryson reported that there were no items specific to Kenai. The Borough was interested in the ROW Acquisition along the Spur Highway, because the State is proposing to take property in that area which would create lots are which would be below the State standards for lots. The Borough is concerned about these parcels being created. c. Administration -None. f0. PERSONS PRESENT NOT SCHEDULED Gus Rodes, 207 Birch Street, Kenai. He addressed the letters which had been sent by the City regarding the issue of junk vehicles within the city. He had shown the letters to about 40 people and they felt the city did not give clarification of what junk vehicles were. Also, there is no information in regards to Administrative methods to overcome this (such as a variance or covering the vehicles). He felt there should be some type of Administrative policy which would allow people to keep cars they are restoring or that are antiques. Kenai Planning and Zoning Commission June 22, 1994 -Meeting Page 11 f PZ VOTING ~~- 1999 J ~~ ITEM: Aa X BRYSON CLICK GOECKE CLICK GOECKE ~ PIERCE ~ GOECKE PIERCE MCCOMSEY PIERCE MCCOMSEY MCGOMSEY BRYSON WERNER-QUADE ~, i ~ BRYSON CLICK , „u WALKER WALKER ` WALKER ~ ~ ITEM: ~l~k•~iA O.t~L~1~ ~y~~~~ ~~\ PIERCE MCCOMSEY - ~/ MCCOMSEY ~ ~ BRYSON BRYSON CLICK BRYSON CLICK GOECKE CLICK GOECKE PIERCE GOECKE PIERCE MCCOMSEY WALKER WALKER WALKER