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HomeMy WebLinkAbout1994-09-28 P&Z Minutes City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION `*AGENDA** September 28, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CA4L 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES September 14, 1994 4. PLANNING a. Resolution PZ 94-47: Chiniak SID Part Two 5. PUBLIC HEARINGS a. Resolution PZ 94-46: Variance - Batir Creative 6. NEW BUSINESS ~- a. Landscaping/Site Plan Review: Craycroft Chrysler fib. Country Foods -John Steinbeck c. Kenai Soil and Water Conservation District Input 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS a. City Council b. Borough Planning c. Administration d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS 13. AD.iOURNMENT City of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **MINUTES** September 28, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Teresa Werner-Quade, Bill Toppa, Ron Goecke, Carl Glick, Kevin Walker, Phil Bryson, Lori McComsey Also present: Councilman Smalley, Jack La Shot, Loretta Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: CARL GLICK MOVED APPROVAL OF AGENDA AND ASKED FOR UNANIMOUS CONSENT. PHIL BRYSON SECONDED. AGENDA APPROVED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES September 14, 1994 MOTION AND VOTE: CARL GLICK MOVED APPROVAL OF MINUTES AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. RON GOECKE SECONDED. MINUTES APPROVED BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-47: Chiniak SID Part Two Chairman Walker introduced the item and asked the Commission's wishes. MOTION: CARL GLICK MOVED APPROVAL OF RESOLUTION PZ 9447. RON GOECKE SECONDED. Chairman Walker asked for public comment on the item. Seeing and hearing none he brought it back to the Commission for discussion. Phil Bryson noted the staff comments regarding the renaming of lots 2-B to 2-B & 2-C, saying that would be handled at the Borough level. Planning & Zoning Commission September 28, 1994 Page 1 Jack La Shot noted the Finance Director's comments: "subdivider must allocate special assessment to the new lots" {per KMC 16.20.070}. VOTE Resolution PZ 9447: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. ~. PUBLIC HEARINGS a. Resolution PZ 94-46: Variance - Batir Creative Chairman Walker introduced the item and asked the pleasure of the Commission. MOTION: PHIL BRYSON MOVED APPROVAL OF RESOLUTION PZ 9446. CARL GLICK SECONDED. Chairman Walker opened the item up for public comment. PUBLIC HEARING: Tony Doyle, 7984 Spur Highway, Kenai, stated he put these plans together for a garage, and a dining ~ room addition over in Woodland Subdivision thinking he was within the setbacks. When he went to pull the permit, he found out the City Inspector considered the dining room addition into the rearyard setback, which is 20 feet. But, it was a corner lot, so Doyle was under the impression he had two sideyard setbacks. Doyle wished to obtain a variance and to clear up the issue as to whether this is indeed a sideyard or rearyard setback. Chairman Walker asked if the proposed addition to the rear of the home, was where Doyle believed he was within the sideyard setback? Tony Doyle, "Yes". Planning & Zoning Commission September 28, t 994 Page 2 Chairman Walker asked if there were any other persons who wished to testify on this item? Seeing and hearing none, he brought the item back to the Commission for discussion. Discussion: Resolu#ion PZ 9446: Variance-Doyle Phil Bryson commented that both sides of the structure are single-story, so if this was interpreted as a sideyard setback, the addition would be within the 5 foot requirement. Bryson read from the zoning code 14.20.320 Definitions: {76) "Yard, side" means a yard on each side of a main building extending from the front lot line to the rear lot line. In both cases, Bryson felt that the front lot line fronts on the dedicated R4W on both sides. So by definition, that defines along the adjacent property line as being a sideyard, not a rearyard. Therefore, Bryson did not feel Doyle needed to request a variance since there is no encroachment. Ron Goecke said he concurred with Bryson but felt it would be in the owner's best interest to obtain the variance. ff they went to sell the property in the future and this was interpreted as an encroachment, there could be problems. If the variance is granted now this would cover any future problems. Jack La Shot read definition (43} "Lot line-corner lot" means the shortest street line of a corner lot. Under that definition you might think the front lot line would make the garage addition an encroachment into the rearyard setback. Phil Bryson felt the side setback was established to protect the adjacent property owner, it's not unlikely that on both sides, that would be a side setback that needs to be conformed to. Say lot 20 or lot 1 had a concern about setback, both 20 and 1 would be setting back from that same lot line, which makes it a side setback, or at least, lot 20. Carl Giick said Goecke's concern would be covered in the decision the Commission made for the record. Jack La Shot said he had no problem with this permit. Anytime you have a 25 foot setback on a corner lot it reduces the buildable area considerably. Chairman Walker felt it might behoove the Commission to pass the variance. He agreed with the Building Official's assessment that there was an encroachment, but felt it would be the garage addition from the portion of the code Jack read. Ron Goecke called for the ques#ion. Planning & Zoning Commission September 28, 1994 Page 3 VOTE Resolution PZ 944fi: 1 Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. fi. NEW BUSINESS a. Resolution PZ 94-48: LandscapinglSite Pian Review/Craycroft Chrysler Chairman Walker introduced the item and asked the pleasure of the Commission. MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 9448. TERESA WERNER-QUADE SECONDED. Chairman Walker asked if there was anyone who wished to comment on this item. Councilman Duane Bannock, representing Craycroft Chrysler, 10288 Kenai Spur Highway, stated the proposal is an extension of their existing building. He noted two corrections to the submitted drawing, that had to do with the drainage. At the front of the building, the south side, there are three marks called drainage, or field outlets. The left field outlet is actually an the other side of Marathon Road and the arrow should be going in the other direction, to the right, eastward. Chairman Walker asked for questions or comments from the Commission. Seeing and hearing none he asked for a roll call vote. VOTE Landscaping~Site Pian Review-Craycroft Chrysler: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. b. Country Foods -John Steinbeck Chairman Walker introduced the item and asked the pleasure of the Commission. Planning & Zoning Commission September 28, 1994 Page 4 MOTION: ~} RON GOECKE MOVED TO APPROVE ALTERATIONS TO THE ORIGINAL SITE PLAN FOR COUNTRY FOODS. CARL GLICK SECONDED. Chairman Walker clarified this was an addition to a previously approved siteplan and asked it there were persons present who wished to address this item. John Steinbeck, explained he had two cosmetic additions to the original plan the Commission reviewed. The reason they were not on the original plan is because they did not think they would be complete this year. One addition is an Barnacle Way. The reason they wanted that is to direct some of the traffic from the front door to the side door for wholesale customers, such as the restaurants in town. In order to facilitate this there is a set of steps and a sidewalk out there and the way it's design now, everything slopes back into the building. They are building a roof out over the loading area to protect the steps and sidewalks sa there wouldn't be a problem in the wintertime. When the carpenters built the roof they went out to the sidewalk, which is over the property line. This will be cut back to the property line. The second addition is on the north side of the building which is the little leanto storage shed which was added on many years ago. Prior to this time there was an HEA power pole there. Naw the electricity is underground and he wanted to bring that addition out even with the front of the building and come in with a second story. This will balance this out with the other side of the building. It's ail storage, and when it's finished it will all look like the same building. Chairman Walker asked if there were questions far Mr. Steinbeck. Seeing and hearing none he brought it back to the Commission. Phil Bryson said he would be abstaining from this item as his #irm was working on this project. Ron Goecke called for the question. VOTE: Landscaping~Site Plan Re-Review-Country Foods Bryson Goecke Pierce Werner-Quade McComsey Glick Walker ABST YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. c. Kenai Soil and Water Conservation District Input Chairman Walker read a portion of the back page of the letter in the packet: The Planning & Zaning Commission Sepkember 28, 1994 Page 5 Kenai Soil and Water Conservation District Board would like to have your input on these or any other concerns or opportunities you may have about the resources in our area and noted the next meeting date. Walker asked for Commission input. The Commission had no comments at this time. 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS Chairman Walker noted the item regarding a possible code violation for AAA Taxi (Brent Hibbert) at 1385 Chisik, and asked the pleasure of the Commission. MOTION: RON GOECKE ASKED THAT RESOLUTION 93-8 BE BROUGHT FORWARD FOR REVIEW. TERESA WERNER-QUADS SECONDED. Chairman Walker did not feel that the resolution could be brought forward again. However, the Commission could request that Administration take action to enforce the code. Ron Goecke asked to withdraw the motion. Phil Bryson made a point of order, to see if the Commission had an objection to withdrawal of the motion. Chairman Walker noted the point of order and requested that the Commissioners concerned withdraw the motion, befare another motion was considered. Ron Goecke concurred, as did second. MOTION WITHDRAWN. Councilman Smalley, noted that if the violator had not complied with the conditions of the permit within the time allocated by the City, Administration could withdraw the CUP. Jack La Shot said the letter which was originally sent dealt with parking of vehicles on a lot across from the business. Mr. Hibbert complied with that letter, but the City has received other complaints regarding this operation and that's why it was brought back before the Commission. MOTION: RON GOECKE MOVED THAT THE CITY INFORM MR. HIBBERT TO FOLLOW THE FULL INTENT OF HIS CUP AND IF HE FAILS TO DO SO THE CUP WILL BE WITHDRAWN AND HE WILL NOT BE ABLE TO OPERATE FROM HIS LOCATION. LORI MCCOMSEY SECONDED. Planning & Zoning Commission September 28, 9994 Page 6 Chairman Walker recommended that Staff talk with Mr. Hibbert besides sending the letter and inform them of any violations of the Code. VOTE: Possible Code Violation, AAA Taxi - 1385 Chislk Bryson Goecke Pierce Werner-Quads McComsey Glick Walker YES YES YES YES YES YES YES MOTION PASSED UNANIMOUSLY. 9. REPORTS a. City Council Councilman Smalley reported on agenda items: Joel Kopp -Kenai Peninsula Green Star Program, presented a program to establish the central peninsula area as a model community in promoting positive ecological attitudes to encourage compatible business and environmental objectives. The Council voted to participate in this program. Resolution No. 94-59: Supporting the Concept of Improving Cunningham Park and Authorizing the City Administration to Apply for a Grant of Up to $500,000 to acquire Additional Lands, Upgrade and enhance the Park, and to Help Restore Recreation Services to Areas Impacted by the Exxon Valdez Oil Spill (EVOS). Council passed this Resolution with an amendment to strike the reference to the EVOS, and to apply for any grants available for refurbishing parks within the city. Also Council discussed the possibility of rezoning a large adjacent parcel which the State has identified as critical wildlife habitat. The Council would also like to remove the boat launch as it was an unapproved addition to the park. Jack La Shot reported that Administration and the Mayor had met with Fish & Game and State Parks Representatives to discuss this concept. One of the items discussed was the possibility that the City rezone property south of Cone's to Conservation. The Commission will probably review this item at the October 12th meeting. The rezone will include all wetlands, and exclude uplands. Chairman Walker expressed concern that the City would spend $1,000,000 in two areas so close together, and then give up land to Conservation, which may lock up the land. This was a complete change from the previous stance Council has taken on such items, and Walker found this disheartening. Councilman Smalley also invited the Commission to the open house for the new Habitat for Humanity house on Sunday, October 2, at 3:00 p.m. Planning & Zoning Commission September 28, 1994 Page 7 b. Borough Planning Commission ~~ Phi! Bryson reported the Commission received testimony concerning a proposed gas lease/sale-85A, in Cook Inlet. This was a revision of the original lease 85, and there will be a public hearing on this revised lease, the testimony will be forwarded to the State. The only plat germane to the City of Kenai was Willow Professional Center Part 2, which the Commission had approved at a previous meeting. Councilman Smalley noted that the Assembly took an action which would have an impact on Kenai River habitat. Smalley is requesting that a copy of this action be forwarded to the Commission for information. Bryson said there is a proposed ordinance, which will be introduced at the next Assembly meeting dealing with the Kenai River Overlay District. Administration has noted they will be seeking input from the various Planning Commissions. c. Administration Jack La Shot reported that Administration was working on the above referenced grant applications. d. Historic District Board 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 12. COMMISSION COMMENTS & QUESTIONS Teresa Werner-Quade: She passed out a cartoon related to the Soldotna Planning and Zoning Commission and felt it was important for the Commission to look at this in light of future actions which they might take. She hoped the Kenai Commission would be viewed in a positive light by Kenai's citizens. Bill Toppa: None Ron Goecke: Welcomed Bill Toppa to the Commission. Carl Glick: None. Phil Bryson: None. Lori McComsey: Stated she would not be able to attend the next meeting. Planning & Zoning Commission Septemt~er 28, 1994 Page 8 Chairman Walker: Welcomed Toppa to the Commission and noted he would be sworn in at the next meeting as the proper paper work would be available for that meeting. ~~ Walker said he would be watching the changes along the Kenai River and reiterated his concern about the City considering locking up such tremendous areas of land. Ron Goecke: With the staff looking at rezoning the area near Cones, he wondered if the property along Angler's Drive could be rezoned Recreational. Hal Smalley: Said in the past such rezoning of private land has been initiated by the landowners. ft would be appropriate to speak with some of the land owners to see if they would wish to bring such an action forward. i3. ADJOURNMENT There being no further business Carl Glick moved to adjourn. The meeting was adjourned at approximately 8:15 p.m. Resp tfully submitted, retta H rvey Administrative Assistant Planning & Zoning Commission September 28, 1994 Page 9 TO DO LIST September 29, 1994 Swear in Bill Toppa 10/12/94 CF/LH Notify Batir Creative & Bob Springer Variance passed LH Notify Craycroft & Bob Landscape/Sit Plan approved LH Notify Whitford, KPB, approval of Chiniak Part 2 LH Letter to Hibbert regarding possible CUP violations JULH Planning & Zoning Commission September 28, 1994 Page 10