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HomeMy WebLinkAbout2002-06-12 Planning & Zoning MinutesCITY OF KENAI PLANNING 8a ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 12, 2002 - 7:00 p,nn. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*} are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 22, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ02-27-An application far a Conditional Use Permit for a commercial kitchen for anoff--site catering business for the property known as T06N R11W S34 KN NW 1/4 SW 1/4 SW 1/4 NE 1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by D. Cheney McLennan dba The Chase is Over Catering LLC, P.O. Box 1926, Soldotna, AK 99669. b. PZ02-28-An application for a Conditional Use Permit to amend conditional use permit PZ99-27 for aretail/wholesale business (upholstery shop) to include Lot 6, Block 2, Kaknu Korners Subdivision (9231 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Wik dba The Poofy Puffin Upholstery Shop, 9199 Kenai Spur Highway, Kenai, Alaska. c. PZ02-29 - An application for a Conditional Use Permit to amend conditional use permit PZ88-27 to include cabin rentals for the property known as Lot 1, Angler Acres Subdivision Part 4 (1005 Angler Drive), Kenai, Alaska. Application submitted by Gary Foster dba Foster Landing, P.O. Box 2505, Kenai, Alaska. d. PZ02-30--An application for a Conditional Use Permit to amend conditional use permit PZ02-06 from bed and breakfast and cabin rentals to hotel, cabin rentals, and guide service for the property known as Lot 30, Block 1, Angler Acres Subdivision (1545 Angler Drive), Kenai, Alaska. Application submitted by Richard D. Mullowney, Jr., P.O. Box 950, Kenai, Alaska. e. PZ02-31 An application for a variance from the development requirements, side setback, for the property known as Lot 5, Block 1, Thompson Park Addition # 1 (150 Fern Street), Kenai, Alaska. Variance requested is 7 feet of the required 15-foot side setback. Application submitted by Tamara Howarth (Passe), P.4. Box 2558, Kenai, Alaska. f. PZ02-32--An application for an Encroachment Permit for front setbacks for the property known as Redoubt Terrace Subdivision Bluff View Condominiums Unit 6 (406 S. Forest Drive), Kenai, Alaska. Encroachment is 4.8 feet into the 25- foot front setback. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Draft Amendment to the Recreation Zone (Discussion) $. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Administrative Plat Approval -Habitat Acres Addition No. 1 b. Zoning Bulletin (5/ 10/02) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: COMPREHENSIVE PLAN WORK SESSION IMMEDIATELY FOLLOWING REGULAR MEETING CITY OF KENAI PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 12, 2002 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Ra11 Call Members Present: Bryson, Glick, Osborne, Goecke, Tunseth, Nord Members Absent: Erwin Councilman Bannock, City Planner Kebschull, Department Assistant Harris 2-a. Agenda Approval MOTION: Commissioner Osborne MOVED to approve the agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. 3-a. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTE5 -May 22, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT ITEM 4: CONSIDERATION OF PLATS ITEM 5: PUBLIC HEARINGS: 5-a. PZ02-27-An application for a Conditional Use Permit for a commercial kitchen or an off-site catering business for the property known as T06N R11W S34 KN NW 1/4 SW '/4 SW 1/~ NE 1/4 (601 Davidson Street), Kenai, Alaska. Application submitted by D. Cheney McLennan dba The Chase is Over Catering LLC, P.O. Box 1926, Soldotna, AK 99669. MOTION: Commissioner Nord MOVED to approve PZ02-27 and Commissioner Glick SECONDED the motion. Kebschull informed the Commission the staff recommended approval of this application. VOTE: B son Yes Nord Yes Osborne Yes Tunseth Yes Glick Yes Erwin Absent Goecke Yes MOTION PASSED UNANIMOUSLY. 5-b. PZ02-28-An application for a Conditional Use Permit to amend conditional use permit PZ99-27 far aretail/wholesale business (upholstery shop) to include Lot 6, Block 2, Kaknu Korners Subdivision (9231 Kenai Spur Highway), Kenai, Alaska. Application submitted by Ginger Wik dba The Poofy Puffin Upholstery Shop, 9199 Kenai Spur Highway, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-28 and Commissioner Bryson SECONDED the motion. Goecke opened the floor to public comments. Barbara Waters- 311 Kulila Drive, Kenai Thank you, good evening. I am Barbara Waters. I reside at 311 Kulila Place which is on the Borough rolls as Lot 12, Lot 2 of Kaknu Corners Subdivision. I came before City Council in 1999 when Mrs. Wik applied for the conditional use permit allowing her to run a business from a residential zoned property. The building sits on lot 8. Mr. Wik at that time was listed as the owner of the lots both 8 and 7. Lot 7 is directly behind my property which is lot 12. Both lots 6 and 7 are vacant. Lot 7 has had a mobile home pad and electrical hookup in previous years. The electrical hookup is still there I'm not sure about the pad. Lot 7 also has had an old log crib, which fell in about 15 years ago and was then filled in with gravel by the previous owners from Anchorage. This is just to give you a little background. I've been in the house for 22- 23 years. Since 1979, whatever that adds up to. I have some questions and some concerns with the application as it is written. Mrs. Wik states she "would like to move PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 2 my sign to Lot 6" -- this is a quote -- "this would make our sign visible during the winter months," She goes on to state that "snow berms obstruct her sign during winter months." My questions is, where does she plan on putting the sign now? That wasn't included in the packet that I was sent. If she uses the same sign that she currently has, it would be on the same level as it currently is, just moved over, I'm assuming. And that is still below the roadbed, thereby making it as easy to see as it is where it currently stands. If not the same sign, then I would like to know what the sign would be and where it would be situated. Number two: I'd like to quote something from the notes in the general information section of the City's notice down on page two, towards the bottom of the first full paragraph. Quote: "That would allow the applicant to place a sign for business on Lot 6, that is easily visible and at the driveway to the business," end quote. This brings a further question, the driveway stands on the highway right-of-way, and no business signs are allowed on rights-of- way. I understand there are several businesses in our area along the Kenai corridor that have illegal signs on the rights-of--way. But, it should be noted up front that if that's what you allow then you are aiding and abetting someone breaking the law as it stands which is Alaska Law AS.19.25.075 thru AS.19.25.0180 which states in part, outdoor advertising is prohibited within 560 feet of a highway ROW. And also, there is a bike path which stands between the highway and the driveway. The drawings provided by Mrs. Wik are the same ones that were provided in 1999. The additions have not been built. I'rn wondering if she should choose to build further on any of the lots, if she would have to come back before this body or if she succeeds in this action, tonight, and in front of Council, will she be able to build commercially at free will? Thank you for your time. Goecke: Ok. Anybody else wishing to speak to this item? Close public hearing at this time. Staff, anything additional? Kebschull: Just for clarification would like to let the commission understand we did confer with the City Attorney in this case and he recommended amending the conditional use permit to include this lot rather than pursue an off-premise sign because we would rather not go in that direction. The current permit is active right now far two lots and she could expand her construction onto that second lot if she met the building code requirements for the use right now. For further clarification, she will have to come and get a sign permit and they have advised that they do not plan to put a larger than 32 square foot sign that is allowed although they do have a new sign and they might be able to answer questions about that. Goecke: Ok. Thank you. Bring it back to the Commissioners. Bryson: One question, l may have missed it, misunderstood some of the testimony but the proposal is to put the sign on Lot 5 and there is no right-of--way that is PLANNING 8~ ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 3 proposed....is there a frontage road in front of this parcel, separate from the DOT right-of--way? Kebschull: Not that I'm aware of. VOTE: B son Yes Nord Yes Osborne No Tunseth Yes Glick No Goecke Yes Erwin Absent MOTION PASSED. 5-c. PZ02-29 - An application for a Conditional Use Permit to amend conditional use permit PZ88-27 to include cabin rentals for the property known as Lot 1, Angler Acres Subdivision Part 4 (1005 Angler Drive), Kenai, Alaska. Application submitted by Gary Foster dba Foster Landing, P.O. Box 2505, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-29 to include staff recommendations and Commissioner Tunseth SECONDED the motion. Goecke opened the floor to public comments. Ralph Van Dusseldorp- 1025 An~Ier Drive, Kenai,, AK 99611 My name is Ralph Van Dusseldorp. I live at 1025 Angler Drive; there is one block between my residence and the property in question. I object to the request for a conditional use permit to establish rental cabins at 1005 Angler Drive. Some of you may have not been on this Commission very long and even if you have, you~e dealt with a great number of requests. So perhaps you don't know what's happened to Angler Drive in the last few years. I've lived there for 12 years. 14 years ago I bought a lot there and, 12 years I retired and moved into that lot. We are very pleased to find a place to live among the birch trees and quiet place with lots of wildlife. We knew it was zoned residential. We also knew that there were a couple of commercial operations...fishing guide and I think a small lodge of some kind. We assumed that somehow those had been grandfathered in and that because of your zoning regulations, we, as residents, would be protected from more commercial intrusion. We are very wrong. Yesterday, we went down the road to count. Along Angler Drive there are now 14 residents-14 pure residents-and 14 commercial operations. So it's now half and half. There are also about 18 lots left that could be residents or, if you allow them, could be commercial operations. Next on your agenda is an item that somebody wants a hotel on this road. I don't know what's next, a Motel 6? A coffee shop? A PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 4 1 WalMart? Or what. You~e approved 14 commercial operations. In 14 years, that's about one a yeax. That may not sound like very much to you, you might say "well what difference does one more make?" Well after 14 years it makes a great deal of difference. You've really done a great deal of harm to what was once a wonderful quiet residential area. So how has this affected us? How is my life changed? What's my life like now? A lot of fishermen come down our road. Fishermen are not quiet people and they get up early. They start at about five o'clock in the morning. We have a lot of traffic and then we have a lot of yelling, "Forgot my rod. Do you have my camera?...this kind of thing and then at about, a little bit later, 30 or 40 outboard motors start. Imagine the sound of that. Even worse, some of them don't start. So for a while, I lay there in bed and listen to this person trying to get this outboard motor started. In the evening, of course, the fishermen are celebrating their successes or bemoaning their failures. I feel bad for my fishing friends around the Kenai right now, because the Kenai has been closed for fishing, but it's a great relief to me, because for awhile we're back to a fairly quiet neighborhood. In addition to all the problems with noise, of course, a lot of the wildlife has left. It's been decreased significantly, I've heard that they're not been many objections to conditional use permits along that road. And 1 think there are a number of reasons for that. First of all, you only notify the immediate neighbors, those who live who Iive very close. Secondly, a lot of the people get notified now are already commercial users and they're not going to object. Thirdly, a lot of people just don't want to get in trouble with their neighbors so a lot of them just don't come to object because they just don't want bad feelings with their neighbors. So, Yes? Goecke: Time's up. Thank you. Van Dusseldarp: May I have my wife's time? Goecke: No sir, we {inaudible). Jirn Richardson- 1015 An ler Drive Kenai AK 99611 My name is Jim Richardson, myself and my family are the property owners directly adjacent to the subject property, to the south side. And I am speaking for myself and also for Peter Thompson, the directly adjacent property owner to the north. He was hoping to be here, and still might be here, but he's running for an airplane to head out of state. We sent you a letter included in your packet; I hope you've had a chance to take a look at that. We're asking the Commission to deny this permit. We attached a letter from the Department of Environmental Conservation showing that this property does not have the required septic system or water system that is required under bath your rules and State statutes for public use cabins. And on that basis alone, we're asking you to deny this permit. Aside from that, this is a very undefined and a very large project. This is a small lot, and the property owner is PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 5 asking for five cabins. This is in addition to two trailers that are on the property. A similar project with a requested RV Park was submitted to you by the applicant in 1992 and eventually withdrawn. But after that, I submitted a letter to the City Manager and Planning and Zoning in 1992...two letters asking for clarification of the trailers. At that time, the city sent down their inspector, Howard, and he took a look at it and ran through the criteria that he had for permanent dwelling or trailers permanent dwelling including skirting and utility hookups and decking and his opinion was that those were permanent structures or permanent dwellings at the time and should be viewed as that under the rules of the city. We are asking you to take those into consideration and if at some point Planning and Zoning would wish to take up the issue of one or perhaps two cabins on this lot that we feel would be a maximum number, we would ask that you condition the permit so as to try to minimize the impact to us, the neighbors. And the conditions we ask for are outlined in that letter which would include making it clear that if these were to be permitted, if you were going to have one or two rental cabins, that those would replace the trailers on the property and we would also ask that you make some other issues on there...require fences on both sides, both the north and the south, to try to prevent visual intrusion. As we said in our letter, these are narrow lots, 100 feet wide, and you have this large number of people and they are not going to have anywhere to go. They can't walk along the stream bank, and they are going to end up on our property. I guess the second thing I'd quickly like to mention is that I believe that you're headed the wrong direction and in trying to think about how to expand commercial usages in this area, you should be thinking about redevelopment of the area. I touched on some of those in my letter...that's it? Goecke: That's it. Richardson: Ok. Thank you Arnie Tikka- Box 3411 Soldotna AK 99669 Good evening, my name's Arnie Tikka, I'm a Civil Engineer with Ace Engineering PO Box 3411 Soldotna, AK. Ike been retained by Gary Faster, the owner of the subject parcel here to basically look over the property with regard to engineering issues for his proposed developments. I've been down to the property, measured things up, looked around and based on my initial feel for it, it appears that he has room on the site for what he's proposing to do. Just real briefly, his five cabins, if you go down there and look at one of them that's already built, they're really pretty small cabins, probably the size of five of them would be less than a normal four bedroom home. He wants two bunks in each cabin, which would be a total of ten persons and with this five cabins with a total of ten people seasonal guests in those cabins and mostly the seasonal. use of his two camp trailer PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 6 sites, his total wastewater flows are basically the same or less than afour-bedroom house. And that's total wastewater flows. He appears that he has enough room on his site to develop a public waste water system which, not really a public waste water system, but it would be called a cornrnunity wastewater disposal system by DEC. He has enough room on his site to develop that. Right now his existing systems are not approved by DEC, he has an older septic system that was put in some time ago, it does not have DEC approval and he's running water down from a well on the neighboring parcel of property that is owned by him. And that's not an approved system, either. So to serve these cabins, he would need to get engineered plans done for approved water and sewer systems and get them installed on that lot to be in conformance with state regulation but, it appears from my look at the lot that he does have the room and the ability to do that even if he wanted to locate an on-site well and septic on that lot for his Class C usage which would be for less than 25 people. So engineering-wise it looks like will all work, as far as the neighborhood complaints and stuff all that I can really say that I've engineered a couple sites down Anglers Drive and I agree with the first gentleman, it's probably changed quite a lot over the years and I'm sure we've all seen it and know how it's changed. But to deny him his permit for what he wants to do with his property is doesn't seem appropriate if he wants to follow all the criteria that set for him. Thank you for your time. Brenda B ant- 925 Ames Road Kenai AK 99611 My name is Brenda Bryant and I'm at 92S Ames, which is on the south side of Fosters. We are approximately 100 yards away from them and my main concern along with the preceding two gentlemen as far as the impact of noise the comings and goings of the constant fisherman along the bank there. Actually there were some happenings there on Memorial Day, I don't know how many people were over there on Memorial but it was quite intrusive and loud during that time and I can only imagine the impact with ten additional members staying in cabins plus the two trailer facilities there, so I ask all of you to really consider and weigh your decision heavily. If this was happening in your neighborhood next to your dwelling, just consider the impact that it would have on your personal environment. Thank you. Kebsehull: A second notice was given on the permit as the building official was out when the initial permit came. VOTE: B son Yes Nord Yes Osborne No Tunseth No Glick Yes Erwin Absent Goecke Yes MOTION PASSED. PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 7 5-d. PZ02-30-An application for a Conditional Use Permit to amend conditional use permit PZ02-06 from bed and breakfast and cabin rentals to hotel, cabin rentals, and guide service for the property known as Lot 30, Block 1, Angler Acres Subdivision (1545 Angler Drivel, Kenai, Alaska. Application submitted by Richard D. Mullowney, Jr., P.O. Bax 950, Kenai, Alaska. MOTION: Commissioner Osborne MOVED to approve PZ02-30 and Commissioner Glick SECONDED the motion. Goecke opened the floor for public comment. Ral h Van Dusseldor - 1025 An ler Drive Kenai AK 99fi 11 I'm still Ralph Van Dusseldorp, 1025 Angler Drive. I have a copy of the Planning and Zoning's Rules and Regulations. I'd like to site some of those. On page 55 of your own regulations it says, "Use must be consistent with the purpose of this chapter and the purposes and intent of zoning district." This is zoned rural residential. A hotel is not consistent with that. Number 2: "The value of joining property in neighborhood will not be significantly impaired." I don't know about the financial situation but I do know that my personal use has greatly impaired with everything that you had commercially along this road. Third, "The proposed use is in harmony with the Comprehensive Plan." The Comprehensive Plan designates this area as low density residential. A hotel does not fit into low density residential. Now on page 249 of your same document, "The intent is to separate residential structures to an extent that would preserve the rural, open quality of the environment and to prohibit uses that will violate the residential character of the environment." A hotel certainly violates the residential character of our environment. Then again back to page 255 from your document, "It is recognized that there are some uses that may be compatible with designated principle uses in specific zoning districts provided certain conditions are met. The proposed use will be compatible with the surroundings." Again, a hotel is not compatible with the surroundings. I'm stuck on my property. I don't think I can sell it as a resident because people are not going to want to come and buy a resident area in this commercial, with all the commercial around this. And I would not sell it to commercial operations because I would not do that to my neighbors. So I would hope that you would not allow a hotel on our road. Thank you. Ron Rainey- Box 2004, Kenai, AK 99611 Good evening, my name is Ron Rainey and I developed the property in question. Mrs. Mullowney the present owner is with me tonight. The only changes that are being asked for tonight are to include the guide service. It's been operated as a Bed and Breakfast for the last 12 years and will remain that way. We are not building a Motel PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE $ 6 or, I should say, they are not building a Motel 6. This is maybe a quirk in your zoning requirements that this be brought before the Council at this time and really is not changes in the activities at the lodge. And, the other thing is that I do live on Angler Drive. I have my home there and it is not an intrusion. The intrusions are, if I may say, the dogs of us residents that bother the wildlife rather than the fishermen on the river. Yes, probably it would be better if commercial and residential were completely separated but I don't know any place in our society where it is. Certainly this application and this use is consistent with what is happening on Angler Drive. Thank you. Kebschull: Just for clarification, it was my recommendation that they bring this back to amend the use to the current code. It appears that in times past because there wasn't a use in the code that fit those actual uses that individuals applied for that they used B8vB even though the uses when they were applied for did not technically meet that section of the code. If you remember, last year I believe it was, we modified our code to include the word hotel, which is not what we all visualize as a hotel, but basically just includes more than five guestrooms. And in this case that is what it would be and that allows them with or without food service. Basically this is just cleaning up and then just adding the guide service to the use that is already there. Bryson: Question, did the motion include the recommendations listed on page two from the staff? Are they attached to the motion? Goecke: Yes, they did. Bryson: Question for staff, in the designation of hotel, what is the upper limit of this designation? Kebschull: We don't have a 1zmit. What we're doing is putting the current use into that. A lodge is a group of five or fewer guestrooms and then hotel would be more than five. If the Commission wishes to limit they would need to do so by motion. You may want to ask the individuals here exactly how many guestrooms they have. Goecke asked Mr. Rainey to return to the podium. Rainey confirmed he was representing the petitioner. Bryson: The question was how many rooms are proposed in the.... Rainey: They're not changing any of the roams. It is as it has been for the past 12 years. I think there is seven bedrooms and it exceed the limit for a this zoning and that's why it's called hotel and it certainly is no hotel by any stretch of the imagination. In fact, the residence that I'm in now has six bedrooms and it's approaching a hotel but there is only two of us living there. PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 9 Goecke: Thank you. Ok, Marilyn... Kebschull: I just re-read the staff comments and I'm sorry I didn't realize this earlier. It is noted, and this is information from Mr. Maloney, that the house has four bedrooms used as rentals and there are two cabins on the site. Goecke: OK. Mr. Glick. Glick: If we approve this as a hotel, can they then later come back and build mare rooms on without coming back to us? Kebschull: If they met the development requirements for the Land that's available, yes. Glick: The size of the land would restrict that? Kebschull: It could restrict it. They could add on to their house probably because you have 30% maximum lot coverage and then you need so many, 20,000 square feet per principle structure in this zone. We would have to review what they have there now because I don't know even if what they have there now meets the code. However, it was done prior to our time. Bryson: As I interpreted the conditional use permit, it's based on certain assumptions that are stated in the application. It's not like the zoning where actually a hotel could be broadly interpreted this would seem to me an additional use to be narrowly interpreted as, in this case, six. A modification of that would require coming back to the Commission for a change in the zone, is that not... Kebschull: That's how I would interpret it. If they would want to add additional cabins or rooms, because they have stated four bedrooms. Goecke: Mr. Osborne. Osborne: I seem to be kind of anti-development tonight for some reason and seems to me that if nothing's going to change, the conditional use permit ought to be all right the way it is rather than go with the hotel. I think I~1 just vote no on this. VOTE: B son Yes Glick Yes Tunseth Yes Osborne Na Nord Yes Goecke Yes Erwin Absent PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 10 MOTION PASSED. 5-e. PZ02-31-An application for a variance from the development requirements, side setback, for the property known as Lot 5, Block 1, Thompson Park Addition # 1 (150 Fern Street), Kenai, Alaska. Variance requested is 7 feet of the required 15-foot side setback. Application submitted by Tamara Howarth (Passe), P.O. Box 255$, Kenai, Alaska. Kebschull: Pd just like to note that this is a large variance however the applicants are replacing a carport and the code allows for carports, unenclosed passenger, I believe its within three feet of the lot line, so it does seem like a large variance however they could have the carport up to that location. We did receive one concerned comment in regard to this variance. Bryson: Question for staff: The nature of the comments that were received, were they supportive or in opposition? Kebschull: In opposition. It was from Martha Thompson-Anderson. She believes the area is already heavily built upon and it would be in the best interest to enforce the space covenant. You have a copy of it in your packet. Bryson: Location (inaudible) occupancy relative to the applicant. Kebschull: She addressed it as 4020 Primrose however I don't believe she does live at that site because her address, I'd have to look real quick, because her mailing address was not to that location. She's from Homer. VOTE: B son Yes Erwin Absent Nord Yes Tunseth Yes Glick Yes Osborne Yes Goecke Yes MOTION PASSED UNANIMOUSLY. S-f. PZ02-32-An application for an Encroachment Permit for front setbacks for the property known as Redoubt Terrace Subdivision Bluff View Condominiums Unit 6 (406 S. Forest Drivel, Kenai, Alaska. Encroachment is 4.8 feet into the 25-foot front setback. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. MOTION: PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 1I 1 Commissioner Tunseth MOVED to approve PZ02-32 and Commissioner Glick SECONDED the motion. MOTION TO AMEND: Commissioner Bryson MOVED to amend limiting the petition to the existing structure only and Commissioner Glick SECONDED the motion. Goecke opened the floor to public hearing. Verbatim begins: Bryson: I guess I would like to request comments from the petitioner if they would like to make comments. Goecke: Is the Commissioner, I'm sorry, is the petitioner in? Please state your name and address please. Craig: DeWayne Craig, 40fi South Forest Drive. Bryson: I just proposed an amendment limiting the application to the existing structure only. It's my assumption that... Craig: That's what it was for. I built the garage and I knew I could build in the 25 foot setback and I put a bedroom over the garage and I did everything I was supposed to, but, that's been about three years ago and I didn't have any clue that you couldn't have a bedroom over the garage and not meet the requirements that the city has and would need a building permit to get the addition built, additional building, that was disclosed to me a couple weeks ago. So, it's just for that one building is all we're asking for. Thank you. VOTE ON AMENDMENT: Osborne Yes Tunseth Yes Glick Yes B son Yes Nord Yes Goecke Yes Erwin Absent AMENDMENT PASSED UNANIMOUSLY. VOTE ON MOTION AS AMENDED: Glick Yes B son Yes Nord Yes Osborne Yes Tunseth Yes Geocke Yes Erwin Absent PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 12 MOTION PASSED. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. Discussion -- Draft Amendment to the Recreation Zane Kebschull reported she and the City Attorney reviewed the commission comments to re-zone Anglers Acres to better meet the needs of the area. Kebschull requested direction from the Commission as to whether to continue. Goecke requested reviewing the draft and bring new ideas back at the July 10 meeting. Goecke also requested the City Engineer and Building inspector to attend to answer any questions the Commission might have. Regarding an amendment to the Recreation Vehicles section, Goecke stated the idea to restrict recreational vehicles in the area from May 1 to September 30 seemed appropriate. The Commission unanimously requested the City Attorney draft an amendment to the current code for the Commission to review. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -Councilman Bannock provided a recap of City Council Action events. 10-b. Borough Planning -Commissioner Bryson provided a recap of Borough action items from the June 10, 2002 meeting. 10-c. Administration -Kebschull reported administration was contacted by Mr. Anderson and a conditional use permit will be issued for the condominium project of Lot 3 of Five Irons Heights Subdivision. She stated she would keep the Commission apprised of future developments. ITEM 11: PERSONS PRESENT NOT SCHEDULED PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 13 My name is Nelson Arnen 1508 Toyon, here in Kenai. I came initially to look at this building variance on Toyon Way and Forest Drive on the corner. It looks like it was discussed prior to my arrival. I was not too concerned until I drove by the site after work today and the construction was well under way as well as a driveway appeared to be coming out onto Toyon Way from this particular construction that is very close to the stop sign. So, it's more of an informative request from me to you all as far as who would review that type of traffic at the stop sign and to determine whether or not driveway access at that location, very close to the stop sign, something that would create a hazard for the neighborhood. I'm not sure about the process, I guess in my ignorance; I could draw a diagram if that would help. Goecke: That would be a request would have to go through administration, Amen: A written complaint or... Kebschull: I would ask that you contact Keith Kornelis, he's the Public Works Manager for the streets department. Far your information, Mr. Craig was asked to stop when we determined that he was working in that area because he does not have an excavation permit. ITEM 12: INFORMATION ITEMS 12-a. KPB Administrative Plat Approval -Habitat Acres Addition No. 1 Zoning Bulletin (5/ 10/02) ITEM 13: COMMISSION COMMENTS & UESTIONS -- None ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED for adjournment. There were no objections. SO ORDERED. The meeting adjourned at 8:15 p.m. M' tes prepared and transc ibed by: anon M. Harris, De trnent Assistant PLANNING & ZONING COMMISSION MEETING JUNE 12, 2002 PAGE 14