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HomeMy WebLinkAbout1993-05-12 P&Z Minutes~-6 KENAI PLANNING & ZONING COMMISSION May 12, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - April 28, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD ~',5 . PUBLIC HEARINGS C~~~ ~ a. Resolution PZ 93-17: Kcherita Katering J~~6 . PLANNING -'a. Resolution PZ 93-18: Gemini Park Atchison Replat ~ ~,`(.~b. Resolution PZ 93-19: Quality Subdivision 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Western Planner Conference 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT > -.. ~~~ ~ ~~'~ ~__: KENAI 'PLANNING & ZONING COMMISSION May 12, 1993 - 7:00 P.M. City Hall Council Chambers MINUTES 1. ROLL CALL Commissioners present: Duane Bannock, Kevin Walker, Ron Goecke, Phil Bryson, Lori McComsey Absent: Carl Glick (excused) (1 Vacancy) Also Present: Councilman Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Additions to the agenda were: MOTION: 6. b. Resolution PZ 93-19: Quality Subdivision Goecke MOVED approval of Aqenda as amended and asked UNANIMOUS CONSENT. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - April 28, 1993 MOTION: Goecke MOVED approval of minutes as presented and asked UNANIMOUS CONSENT. Walker SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-17: Kcherita Katering Bryson introduced the item and opened the Public Hearing. ***PUBLIC HEARING - VERBATIM*** Sherman Jones, I live right adjacent, in lots 14 and 15, to the lot that they want to get the Conditional Use Permit (CUP) on. And I was never informed of the original CUP, by the way, which I don't think should have been issued without everybody being informed. And I also bought in this subdivision because there was no commercial tenants in there and it was clearly stated in the covenants, that there would not be any. And there are a large number of children in this division. I have five grandchildren that play all the time out in that lot next to where they want to put the cafe. And this is very close to our property line where KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 2 they intend to put a parking lot, I seriously doubt that they could put one. The septic system there was designed for a single family dwelling and I'm sure that septic system will not meet a commercial system at all. And that septic system is only forty feet from my septic system so it would probably cause problems. And I am against giving this CUP. Thank you. Bryson Are there questions for the testifier? One thing I would mention is that the prior approval is for a Home Occupation not a Conditional Use so it did not require public notification. Is there anyone else who would like to speak? Tom Rhyner Good evening, my name is Tom Rhyner, and I live directly across the street at 500 Robin Drive. And I'm opposed to this, I left a letter upstairs, it may be in your packet. And my wife had something at church, so I'll read what she wrote. This is: "To Whom It May Concern/The Planning and Zoning Commission: I live at 500 Robin Drive, may name is Mary Ryhner and I would like to go on record as opposing the granting of a CUP for catering and fine dining at 500 Robin Drive. We live directly across the street from this house, intended for this. We have full view of the house and don't want to have additional traffic and activities until 11 at night. We have three school aged children and need them to be well rested for their early days. Also, this house did not have a CUP when the Langleys lived there. Mary Lou had a Home Occupation Permit which was entirely different. She made candles and sold them to retail outfits in town. There were no customers coming to buy on a regular basis. Also on the site plan it shows parking coming in from the Spur Highway to the back of the residence. Our covenants state that all access to the lots must be from the platted interior streets. The house isn't built for the use and is zoned residential. I would like our neighborhood to continue to be residential. Please deny this request." That is from my wife, Mary Rhyner. If you look at your site plats on there, you'll see that there are some things that, such as a driveway which was penciled in on the back which, according to our covenants cannot be there. Also, it shows that it's about 11 1/2 feet wide where the parking is going to be and there is a well in the middle of where the parking is going to be. And I drive a little rabbit, I don't know, it might be 11 1/2 feet long but I would have trouble getting it in there, I'm sure. Also one of our covenants states about cutting down trees and so forth and I believe I left a copy of the covenants that cover our subdivision also with the Clerk. And there may be a copy of them there, but it says that the buyer may remove only the amount of trees necessary to the construction of the home and access to that home and any ~ landscaping necessary. And putting in a parking lot for half a dozen or more cars I would not consider normal. Thank you. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 3 Bryson Are there any questions for Mr. Rhyner? Thank you. Is there anyone else who would like to speak? Jim Davidson Members of the Commission, my name is Jimmie Davidson, I live at 565 Robin Drive, a short way down the street from this property. And I subdivided this place in 1968, when we did we had covenants, as Mr. Rhyner stated about trees being cut down and such like that. I'm very familiar with this house, that property, I was the builder. As far as catering, or a restaurant the house is very inadequate for any kind of a restaurant. I have the plans which I had to dig out, which gives the dimension of the kitchen, dining room, etc., if you would like to look at them. But if not I could give you the dimensions. The dining room is 12 X 16, the kitchen is approximately 10 X 10, and the living room is 20 X 10. And there is a main bath, which is in the hallway going down toward the bedroom. And there is another bath off of the bedroom. So as far as a restaurant for fine dining, it is not adequate for that purpose. I can sympathize with the Morrisons or whoever is doing this, you know. But that is not the property to do it. I can understand anyone wanting to start their own business, I'm all for it. But that is really not the place. And the lot size is too small and where they on the map, where they were going to extend the driveway out is were I had the well. And than in the covenants, when I put in the subdivision in 1968, that you leave a certain amount of trees for a buffer zone etc, like that. And we tried to keep it low-key and a place where people can raise their children. Which we did, and of course ours died. But I, that is just not adequate property and the house is not large enough for a restaurant. A catering business? Maybe very small, low-key, limited, possibly. But I still have problems with that too. But, like I say I appreciate the people trying to get their own business started but this is not the place to do it. I know Mary Lou and Travis when they lived there, they had a CUP for her candle shop and I've never seen more than two or three cars there in the driveway at one time. It's, as far as I'm concerned, it didn't bother Mr. Rhyner at all for that. But as far as fine dining or restaurant, it's just too small of a place. I know I would really appreciate having a fine dining place somewhere in the area but this is really not the place. Bannock Mr. Davidson, if I could just ask you a couple of questions in regards to the catering part of this particular application. You mentioned that you probably would not have a problem with that if it was limited? Davidson Very limited. Bannock Could you give me some ideas, Mr. Davidson, on specifically what that would be, by low-key or limited? One of the advantages of a CUP is to put conditions and limits on them, but what did you exactly have in mind by that? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 4 .~ Davidson That they didn't change the outside. That they didn't cut down trees. They used the same driveway and there wouldn't be ... Bannock I'm sorry, outside of the Davidson In the front of the house. Bannock Change the building or change the . Davidson No, not change the building and not cut down anymore trees. Because the neighbor across the street, when I built the house I didn't take down anymore trees than what was necessary for the house and the back yard. If they could use the existing driveway, and I know when I put that well in out there, the existing driveway that goes in is about 15 feet from the driveway. And than if they extended it on, they would have that, I don't know if you're familiar with a well head? How it comes out in your yard? Okay that sits right up there and there would have to be some kind of protection around it if they extend, make that driveway wider. Limited would be maybe three to four cars a day, or something like that. Like Mary Lou and Travis had there. And I don't think anyone in the subdivision would disapprove of that. Bryson Are there other questions of Mr. Davidson? Thank you. Andy Selanoff My name is Andy Selanoff, 503 Robin Drive, the third lot in that subdivision. I've gotten this notice, this letter from the gentleman that wanted to establish a catering service. I've lived there, in that subdivision since 1971. I have never moved and I don't know it might take a little bit of enforcement to move me out of that subdivision. The services that the people in that number 1, number 16, lot I had no idea of if she had any permit to do her commercial business. If she did it didn't bother me one bit. From the time they moved in there, 'til the time they moved out I have never seen no traffic at all. Someone going in there to buy candles. I didn't know anything about it. All I saw was "Candles" on the sign on the tree. That's all. It didn't disturb anybody. But, in this case, I think there would be a little bit of disturbance, if this catering service was permitted. And I believe it is inadequate, there isn't enough space in there for parking and plus there are children growing up in that subdivision. And there are school aged children that are in that subdivision and besides that, the two houses the number one, and number 14 or 16, if the gentleman drove out of his parking lot from out of his garage - and he drove out, number 16 drove out from his parking lot, if there was any carelessness there, there would be some hard feelings. So in this case I want to oppose this giving the permit to this ~ catering service, because of the situation, the conditions, not adequate space. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 5 I don't have any feelings against somebody wanting to start a business. This would be an ideal, where somebody would want to go into a fine dining facility and look at the birds, and hear the birds singing, or some kind of a relaxation. I don't see that type of offer in that subdivision, this gentleman is trying to give. I don't see that. The reason I don't see that is because I've been to a couple of these catering services myself. Which were very, very good. Where there was no traffic, no neighbors, nothing to worry about, but just relax. And this subdivision is a subdivision for family use, not business, I don't believe. Thank you. Bryson Thank you Mr. Selanoff. Are there any questions. Are their other people who wish to testify? John Thomas My name is John Thomas and I reside at 525 Robin Drive. I pretty much have the same feelings as my neighbors do, about the opening of the catering and fine dining establishment. Also another thing that I was thinking of, it doesn't say anything about having a liquor license or anything once it gets established. Even if they didn't have a liquor license people still could bring their own wine or like that which I think alot of people would do. Because when you think of fine dining, you think of fine food and fine wines. And having people coming in and dining and eating and having a good time, because I have two children of my own and we live probably 75 yards away from that house. And they like to get out on the street and play around, like little kids do. So, I am totally opposed to the proposal as presented. That's all I have to say. Bryson Are there any questions for Mr. Thomas? Thank you. Nina Selby My name is Nina Selby, and I live at 560 Robin drive. My husband and I, I'll say all of the above too, so I won't take so much time. My husband and I, the reason that we chose that area to build our home on because of the covenants and zoning that is in there. Residential only, for one family residences. We've lived there since 1972 and we enjoy that place, we enjoy that cul-de-sac street. And I was kind of appalled when I received this letter. In one place it says, I was concerned too, about serving wine and beer and than eventually getting a liquor license. And that's not an area to do that, in my opinion. And one of the sentences in this letter it says the dining is "5 star service and food". I appreciate that and it is very much needed in this area. Well I don't agree with that at all. I don't think it's necessary in that area. I think the fine dining service and good food is wonderful to have in some other place, but not in a residential area. And like the other people said we have small children running all over there and they go out in the yard to play and sometimes they ride their bikes in the street. And I don't think that there should be a place like that where they say they will have up to 10 people a day, from 6 to 11 o'clock at night. That really bothers me and I hope you will not grant that CUP. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 6 Bryson Are there any questions for Nina? Thank you. Other persons who would like to speak? Rita Morrison My name is Rita Morrison, my husband Ken Morrison, who is the head honcho of the business we are trying to get going, he's out of town tonight. Everybody here seems to be under the impression that we are trying to open a real restaurant which is not our intent. This is reservations only, we are not open to the public, just to walk in anytime during the day off the street. So as far as the parking goes, it is going to be very limited. It has to be anyway because of the area we have. We do not have a liquor license, although, people who would come and join in our dining want to bring a bottle of wine they're allowed too, we just can't sell it to them. You know we're not thinking of remodeling the house and we're not going to go chopping down trees or any of that stuff. The landscaping is beautiful, I think, the way it is and so is the house. You did a nice job building it. You know, as far as children playing in the street and everything, I think everbody's got to watch that, no matter where you live anyway. As far as traffic goes though, that would be the first house off the highway so they shouldn't be going down the street or anything like that. Since it is required reservations I don't even know what we would have, since it isn't going yet. But I don't think we're going to be doing it every night of the week or anything like that. And as far as the hours go, from 6:00 to 11:00 they're not set either, you know. It's just kind of a basic dinner hour type thing. But I'm sure there's going to be many, many nights that we're not going to have anything at all, either. So, that's about it. If anybody wants to ask me anything I'll try to answer it. Bryson Any Commissioners have questions? Walker Has that kitchen been looked at by the OSHA group and Health Department and stuff like that as far as size and for its use, whether or not it's legal to use for commercial? Morrison Okay, that part of it I don't really know how to answer. No, we haven't had anybody look at it or anything. As far as the well and septic I think that has to be taken care of before we purchase the home. But I still don't foresee any great big commercial use of the home. You know, like a restaurant where you have grease traps and all this stuff. I don't think there's going to be any call or need for that. Bannock Do you think it would be necessary to obtain a restaurant permit from the state of Alaska? Have you looked into that? Because you have to call it something if it's going to be a business. And although I certainly understand alot of where you are coming from, I think you will find, I'd like to step up for the State of Alaska for just one second, and if you are serving food as a business that's a restaurant. Whether it be an incredibly small, low-key 10 seated restaurant or whether it be a huge restaurant. And certainly correct me if I'm wrong, but, I'm real confident KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 7 that the State of Alaska requirements are going to be a little more stringent than that of a house, a residential house. Do you know if that would be true or not? Morrison Okay, we do have DEC approval if that's what your getting at. Bannock a DEC approval for .? Morrison For catering and fine dining. Bannock Okay. Thank you. Bryson Other questions? Morrison Okay, thank you. No other questions, thank you. Bryson Are there any other persons who would like to comment? Julia Selanoff I am Julie Selanoff, 535 Robin Drive. And as my husband stated we've lived there 22 years. And we've raised four children in that neighborhood and have been very glad that there has been no commercial business there. Whether it be low-key or big-key, I'm glad that there is not. Because, as all kids do, they play out in the street, and we do get enough traffic from Eagle River, or Eagle Rock, people accidentally not finding the right road. We get all kinds of traffic coming down there, making the turn around and having to go out. And even though it is the first house on the end of the road, I cannot believe that people will just come in and go out. They will come down and turn around because that's just the way people do, do. And we can get alot of RV's and motorhomes, camper trailers and everything coming down there as it is, turning around. And I think we have enough commercial there. And I think when we have residential we need to keep it as residential not a grey fine line in there. And not put little commercials in there. And I have been glad that it has been residential and I would like you to keep it that way and I notice their address is Schooner Circle. And if I'm not mistaken, we were kinda driving around down in that area the other day and it's paved all the way. It's the only house on the little street, is that not right? No, but, it is paved all the way right? Bryson Could you address the chairman rather than the other parties? Selanoff Okay well anyway our road is not paved. It is just gravel and I m sure it is not in the planning to black top it. And we get lots of dust, there's alot of dust from the traffic, just from those of us that live there. So this is also another reason. But I was wondering why not keep where they are? It seems to be a little further out, there's no close neighbors, like there will be on Robin Drive. Thank you. Bryson Hal, you have a question? KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 8 Smalley I have question for Julia or maybe even Jimmy. How many of those lots in that subdivision have residential homes on them? Of the sixteen lots? Davidson Most people who have bought lots bought the lot next to theirs for privacy. We've been kind of selective on the people who bought lots. We tried to keep it a nice residential place. Bryson I have a question for Jack on the question that was raised. Presently, Robin Court is unpaved gravel. The question was raised about Schooner, are you familiar with that? La Shot (Inaudible) Bryson Is Schooner Drive in the City of Kenai? La Shot I think there's a Schooner Drive over there in VIP. Bryson Alright, thank you. Are there other persons who have not testified that would like to speak. Mr. Davidson you had your hand up, would you like to speak? Davidson You brought up some questions you know about the house. And as far as a restaurant the DEC the EPA and OSHA it would take as far as I know extensive remodeling to where it would be approved by all the agencies. And the reason I know that is because I built it. I built it for a single family residence. And I know from my experience that it would take extensive remodeling and I don't know if they've gone through those agencies to see what they'd have to do or not. But there would be a lot of paperwork if you want to be in that area. And, like I mentioned before, the bathroom facilities are not adequate for even a reservation only type restaurant. If they were going to have five or ten or whatever. But it is not an adequate use for that. Bryson Alright, thank you. Other persons who wish to testify? Hearing and seeing none I bring it back to the Commission. ***END VERBATIM*** Bryson informed the Commission and audience that the City had not been able to get the public hearing notice in the paper seven days prior to the meeting, as required by ordinance. The public hearing was continued to the next meeting. All comments from both meetings will be considered when the Commission takes action on the CUP. 6. PLANNING a. Resolution PZ 93-18: Gemini Park Atchison Replat La Shot reported that two lots were being combined for building purposes. .. KENAI PLANNING AND ZONING COMMISSION May 12, 1993 - Minutes Page 9 ~` MOTION AND VOTE: Walker MOVED to approval Resolution PZ 93-18. Goecke SECONDED. Walker asked for UNANIMOUS CONSENT. Hearing no discussion MOTION PASSED UNANIMOUSLY. b. Resolution PZ 93-19: Quality Subdivision La Shot The applicant is taking one large lot and splitting it into two. MOTION AND VOTE: Goecke MOVED approval of Resolution PZ 93-19 and asked for UNANIMOUS CONSENT. Bannock SECONDED. Hearing no discussion MOTION PASSED UNANIMOUSLY. 7. NEW BUSINESS 8. OLD BUBINEBS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property La Shot referred to a letter the Planning Department had received from Mr. Hanke (attached). Walker asked to address some items in the letter. They are asking the City to ask the Borough to waive the fee for disposal of "abandoned vehicles" that are on their property. Walker felt those were not abandoned vehicles. They brought those vehicles in, he did not feel the City should ask the Borough to waive any of their clauses. These people did this as a business, this was a for profit item. La Shot Said he had talked to the people at KO Towing and they want the cars and intend to start hauling them from the site within the next two weeks. The other option is to make the lessee obtain a conditional use permit for the wrecking yard. The lessee does not want a CUP, he wants to get rid of the cars. The cost of removing and disposing the cars is prohibitive. La Shot suggested waiting until the next meeting to act on this item, to give time for Staff to determine if cars are being removed from this site. 10. REPORTS ~ a. City Council Smalley reported on agenda items including: o Council had made the decision to offer Tom Manninen from Michigan the City Manager position. r KENAI PLANNING AND ZONING COMMISSION. May 12, 1993 - Minutes Page 10 o The Board of Adjustment hearing on the Jackson encroachment has been scheduled for May 19th before the Council meeting. o Council had expressed concerns over the Quandt property, RPM's and a possible sign violation for Coyle's Landing which had been placed on the Bridge Access road. Smalley asked La Shot to look into these items and said the Council is very please with the work the P & Z Commission and Staff are doing. b. Borough Planning Bryson reported that there were no items specific to Kenai. Arco has obtained the permits to start exploratory drilling in the Inlet in the next few weeks. c. City Administration The City has begun plans to pave the streets in the Haller/Evergreen area. A rezone for a strip of land along Evergreen will come to P&Z at their next meeting. The City owns this land and hopes to develop lots to recoup some of the money the paving will incur. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Western Planner Conference 13. COMMISSION COMMENTS & QUESTIONS Bannock asked if the City recognized subdivision covenants that developers make with their clients? Bryson Those are only agreements between people who live there. They would only affect the subdivider if he owned a lot there. Smalley The City does not enforce covenants. Walker Noted that there are a number of commercial activities along the Spur Highway in the area of the proposed CUP. He felt that the Commission needed to review the possibility of commercial zoning for properties adjacent to the highway. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:30 p.m. Respe tfully submitted, orett Ha~~ Administrative Assistant