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HomeMy WebLinkAbout1993-07-14 P&Z Minutes -'~~ RENAI PLANNING & ZONING COMMISSION July 14, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 23, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Kathy Scott - Cheap Tow 5. PUBLIC HEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D b. Res PZ 93-30: Sign Variance - Kenai Baptist Church 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 b. Res PZ 93-31: Home Occupation - Donahue ~ c. Landscaping/Site Plan Review - Kentucky Fried Chicken 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION July 14, 1993 - 7:00 P.M. City Hall Council Chambers Phil Bryson, Chairman MINIITES 1. ROLL CALL Members present: Duane Bannock, Phil Bryson, Ron Goecke, Carl Glick, Kevin Walker, Charlie Pierce Absent: Lori McComsey (excused) Also present: Councilman Hal Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Asst. 2. APPROVAL OF AGENDA The agenda was amended with the following addition: 6 d. PZ Resolution 93-32: Kiel S/D MOTION AND VOTE: Walker MOVED approval of agenda as amended. Goecke SECONDED. PASSED IINANIMOIISLY. 3. APPROVAL OF MINIITES - June 23, 1993 MOTION AND VOTE: Goecke MOVED approval of minutes and asked for unanimous consent. Walker SECONDED. PASSED ONANIMOIISLY. 4. PERSONS PRESENT SCHEDIILED TO BE HEARD a. Kathy Scott -Unable to attend 5. PIIBLIC HEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D La Shot reported that the encroachment is a house that is 1.3 feet from the property line and the eave actually overhangs the property line. This house has sold several times and the encroachment has never been caught. The owners are willing to nip off the eave of the house and install a fire wall to meet the building codes. La Shot recommended the Commission pass a temporary encroachment permit for a time to be stipulated or until the plat is filed for Kiel S/D No. 1. ~:. Bryson opened the meeting to public hearing. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 2 VERBATIM Kathleen Foster, with Heritage Real Estate and I'm here representing Ron and Debbie Rogalsky, my address is P.O. Box 2505, Kenai. We're asking for a variance into the setback lines on this lot. The house is, as Jack said, a foot and a half from the property line. The eave extends over approximately six inches. And we had asked, originally, to resubdivide that. lot line to put the house in back, in its original 15 foot setback where it should be. But the adjacent property owner wanted us to get permission from his mortgage company whose in Texas and we did try that and they haven't responded to us at all. We have an approved loan for the buyer on this house and their loan is only good for a certain amount of time, their approval. And we thought the quickest way to get this done is to cut off the eave, so it doesn't encroach over the lot line; firewall that side of the house so that it met all the building codes; and then ask for a variance. So everything just stayed the same that it was, except the house would meet all the codes. Bannock, Ms. Foster your referring to a variance, what kind. of variance would you like? Foster, well that's what I was told we needed to ask for, to allow the house to remain encroaching in the setback. Bannock, what we have in front of us is an encroachment permit, so I think that's the right word to use, rather than a variance. Bryson, we have a proposed plat before us. Is that something that was initiated before? Foster, right that was something we were trying to do first. But we haven't been able to accomplish that. Bryson, at this point you're requesting an encroachment permit that would be a continual thing. Foster, this house has been in this spot for 21 years and it has sold, this is the fourth time it has sold, with this exact same problem. It's just that this lending company is the first one that has caught it. It just never has come to light before. Bryson, are there any other questions? Bannock, if the encroachment permit was to pass than, would we be shelving PZ 93-32? Foster, yes. KENAI PLANNING AND ZONING COMMISSION ' July 14, 1993 - Meeting Page 3 Bryson, other questions? Thank you. Are there other persons who would like to testify on this item? Foster, we have the adjacent property owners here, they came just to let you know they have no problems with, not the subdividing, but fire walling that side of the house and cutting the eave off. Bryson, would they like to testify to that effect? We are in public hearing now so if you'd like to add something please come to the podium and state your name and address. Ray Husby, I'm Ray Husby, co-owner with Vicki Schillam. The home the way it is right now, there is no problem as far as we are concerned as far as an encroachment on our property. Huh, we're eighty feet from the existing home and as far as the firewall is concerned it's kind of ridiculous to put a firewall up. We'd have to have a permit to let anybody build a structure so close to the property line. But, as far as we're concerned there is no problem. We have a well that is right directly on the property line. It's been there and I don't know if its on the existing plat, but if you have any questions . l Bryson, does anyone have any questions? Apparently none, thank you sir. Other persons that would like to testify? Hearing and seeing none, I bring it back to the Commission for action: END VERBATIM MOTION AND VOTE: Goecke, MOVED to recommend approval of Resolution PZ 93-29. Glick SECONDED. Bannock Bryson Glick t3oacke Walker McComsey Pierce YES YES YES YES YEB ABSENT YE8 MOTION PASSED tJNANIMOIISLY. b. Res PZ 93-30: Sign Variance - Kenai Baptist Church LaShot reported that the Church wishes to install a bulletin board type sign, the code reads that such a sign should be limited to 32 square feet. This sign is about 60 SF. Bryson introduced the item and opened the meeting to public ~,, hearing. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 4 VERBATIM Bill Milewski, POB 4478, here in Kenai. It has on there, that I'm the pastor, but I'm not the pastor, I'm the trustee at the church, First Baptist Church. We, ahh, about a year ago I had checked with Howard Hackney about the sign. We checked with the size and everything and gave him the plans and everything. At that time I thought it was okay. Evidently he had looked at the wrong side of the road. And I found out we were in residential when I was in the other day. And that's the reason, we need a sign variance. I'll answer any questions, I don't know exactly what the answer is, it's 5 by 12 two-face sign, it's a marquee, I call it a marquee, lighted sign, First Baptist Church across the top, blue background with white letters, with four changeable columns. The letters are eight inches in height we set off, to the church it's about a mile from the visitor center going out north, just past Larry's Club to the left on the bend. And we sit down in a valley, about ten or twelve feet below the road surface of that curve right there. And we have to be 150 feet, as you can see by that plat I gave there, is the right-of-way. And the sign as proposed will be about 60 feet from the front of the building there. Which will put us well within, and out of reach of the ROW easement. Bryson, thank you. Are there any questions from the Commission? Apparently not. Other persons that would like to testify on this items? Hearing and seeing none I would like to bring it back to the Commission for action. MOTION AND VOTE: Bannock, MOVED to recommend approval of Resolution PZ 93-30. GOecke SECONDED. Discussion: Walker asked for an opinion of possible conflict of interest. He stated his wife was a member of the church and works at the church. Bryson said it was the Chairman's opinion there was no conflict. Bannock Bryson Glick 'GOecke ~Palker McComsey Pierce YES YE8 YES YEB YES ABSENT YES MOTION PASSED UNANIMOUSLY. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 5 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 Bryson introduced the item as a tract of land that was added on to by Arness who purchased the land from the City of Kenai. The Commission had seen this development several times. This replat is dividing the property into two lots. MOTION: Glick, MOVED to recommend approval of Resolution PZ 93-28. Walker SECONDED. Discussion Bryson commented that this plat may be bi-sected into two separate -zones if the zoning is changed in this area. Bannock Bryson Glick Goecke Walker: McComsey Pferce<<: YE8. YE8 YES YES YES. ABSENT YE8 MOTION PASSED iTNANIMOUSLY. b. Res PZ 93-31: Home Occupation - Donahue La Shot reported that the applicant wishes to run a small consulting business out of his home in Basin View Subdivision. It is a RR zone, and he proposes to use approximately 132 SF of a 2800 SF home. The criteria appears to meet KMC requirements. MOTION: Walker, MOVED approval of Resolution PZ 93-31 and asked for unanimous consent. Goecke SECONDED. MOTION PASSED IINANIMOIISLY. c. Landscaping/Site Plan Review - Kentucky Fried Chicken La Shot reported that he had not had a chance to review the plan. He suggested if the Commission approved the plan they might want to make approval contingent on the City Engineer and Building Official's review and approval. Neal Hayes, LPS Builders, explained that this development will be next to the Pizza Hut. The landscaping will consist of two curbed k, areas in the parking lot with a total of 300 square feet (SF) in each area. They will be planted with grass and small evergreen shrubs as shown on the plans. In front of the building, KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 6 paralleling the Spur Highway will be two landscaped areas with approximately 1400 SF. All landscaping will be done in a professional manner in accordance with the regulations. Goecke abstained from this item as he was the owner of record of the property.. MOTION: Walker, MOVED to recommend approval of Landscaping/Site Plan Review for Kentucky Fried Chicken subject to Administrative review and approval. Glick SECONDED. Bannock Bryson Glick c3oecke Walker McCOmsey Pierce YES YES YES ABSTAIN YES ABSENT YES MOTION PA88ED. ONE ABSTENTION. 6d. Resolution PZ 93-32: Kiel Subdivision Add. No. 1 La Shot felt it was appropriate to approve the plat because he felt it was the best long term solution for this encroachment situation (PZ 93-29). MOTION: Walker, MOVED approval of Resolution PZ 93-32 and asked for unanimous consent. Goecke SECONDED. There was no discussion and no objection. MOTION PA88ED IINANIMOIISLY. 7. NEW BII8INE88 8. OLD BIISINE88 a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS La Shot reported that there was a lengthy list of items. Staff had provided a table (attached) with each item listed and reported on the following: Coyle - Has been contacted several times and has not responded. The sign will be removed by the City if there is no contact. ~~ One Hour Photo Sign - has been moved several times. The Legal Department is handling this. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 7 .Rainbow Bar Sign - The owner contacted La Shot to tell him he was taking it down, hasn't been removed yet. Baker duplex in Oldtowne - He talked to the Building Inspector about the validity of the building permit. If it has expired he'll have to get another review from P&Z. There may be problems with the building being in FDIC hands. Quandt property - They have removed 60+ cars.. They are still waiting for a car crushing machine to arrive. The City has not changed their stance with the State. Goecke mentioned that Coyle's Landing may be in non-compliance because Sue Wright is not living in the residence. That is a requirement of the B&B code. Walker asked if the sign was indeed in the right-of-way (ROW). La Shot had talked to the State and they had verified that the sign was in the ROW. 10. REPORTS a. City Council Councilman Smalley reported on agenda items. o Funding has been approved for the design phase of a new Animal Shelter. o The City is still attempting to get funding for the new fire truck. o Set the hearing. for Board of Adjustment for Mary & Jack Keck. La Shot reported that the owner has withdrawn the permits for this activity and will conform to the code. o The City is working with Carrs to explore the feasibility of placing a wall between Carrs and the Bernie Huss Trail. The exercise facilities in the park have been destroyed. o The City is also considering the purchase of an Auto-Cad system to assist in development of water and sewer crossings under the Spur Highway. b. Borough Planning Bryson reported that two plats within the City had been approved: Kim Addition, Evergreen S/D; and Petersen No. 3. KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 8 The Borough has identified a source of gravel near Fall Creek which will aid in the up-grading of East End Road. .The Borough has been looking at making this gravel available for this project. Walker asked if the Borough was working on an Ordinance to replace 21.12? Bryson said they were working on one which would work on a conditional use permit basis. The Assembly is providing .impetus for this. c. City Administration La Shot reported that Kathy Scott had called expressing concerns about the Cheap Tow operation near Beaver Loop. Scott couldn't attend the meeting. That is a commercial zone and the ordinance regarding junk vehicles does not apply to businesses. La Shot welcomed ideas or comments on this item from the Commission. Walker suggested that the City may be able to require a fence to obstruct the view of these vehicles from adjoining property. La Shot said the requirements are in effect in the Central Commercial zone, this is a General Commercial zone. He felt it might be appropriate to add this by Ordinance to all Commercial zones. Bannock said Soldotna has an Ordinance which requires paved parking lots for Commercial activities. This may be an answer for these types of problems, because the cost of paving would be prohibitive for some smaller businesses. La Shot asked the Commission to review the maps staff had prepared for the TSH Rezone. The Commission concurred that these maps where the intent agreed upon at the recent work session. 11. PERSONS PRESENT NOT 8C8EDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Bannock thanked the Council for the large attendance at the Townsite Historic Work Session the previous evening. Healso thanked Staff and the City Clerk for preparing the back-up documents for this meeting. Walker expressed concern over campers on the beach. He asked that the Administration keep track of this situation. ~ KENAI PLANNING AND ZONING COMMISSION July 14, 1993 - Meeting Page 9 Pierce thanked the Council for confirming his placement on the Commission . Smalley also complimented the Staff and Clerk for the wonderful job they did putting together the TSH material. He also welcomed Pierce to the Commission. 14. ADJOIIRNMENT There being no further business the meeting was adjourned at approximately 8:00 p.m. Respectfully submitted, Loretta Harvey Administrative Assistant