HomeMy WebLinkAbout2002-08-14 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August X4, 2002 - 7:00 p.m.
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. *July 24, 2002
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ02-49-Preliminary Plat -Holmes Subdivision
5. PUBLIC HEARINGS:
a. PZ02-43-An application for a Conditional Use Permit for a retail business to operate a
et grooming business from the property known as 1802 4th Avenue (Lot 6, Block 2,
Spruce Grove Subdivision}, Kenai, Alaska. Application submitted by Nancy
Henricksen, 1802 4th Avenue, Kenai, Alaska.
b. PZ02-44-A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council that KMC 14.20.245 be amended to provide for
limited use of recreational vehicles in the recreation zone.
c. PZ02-48-An application to amend the official zoning map to rezone a portion of Lot 1,
Yragui Subdivision (formerly a portion of Government Lot 61) from suburban residential
to general commercial. Application submitted by David Yragui, P.O. Box 1290, Kenai,
Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. Amend sign code -Sandwich Board Signs -Limit permitted display time. (Discussion}
S. PENDING ITEMS:
} 9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. "Zoning Bulletin" -July i 0, 2002 & August 10, 2002
b. Appeal letter regarding PZ02-37 (Quade) submitted by Ona Wilbert
c. Angler Acres Special Use Permits
d. Quarterly Report -Code Enforcement
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
COMPREHENSIVE PLAN
WORK SE55ION
IMMEDIATELY FOLLOWING REGULAR MEETING
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 14, 2002 - 7:00 p.m.
CHAIRMAN RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Goecke called the meeting to order at 7:00 p.m.
1-a. Roll Call
The roll was confirmed as follows:
Commissioners Present: Bryson, Goecke, Osborne, Glick
Others Present: Councilman Bannock, City Planner Kebschull, Department
Assistant Harris
1-b. Agenda Approval
MOTION:
Commissioner Glick MOVED to approve the agenda with the addition of ltem 7'-b and
requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion.
SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Osborne MOVED to approve the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion, SO
ORDERED.
ITEM 2: APPROVAL OF MINUTES -- ,7uly 24, 2002
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None
ITEM 4: CONSIDERATION OF PLATS
4-a. P202-49 --Preliminary Plat -Holmes Subdivision
MOTION•
J
Commissioner Bryson MOVED to approve PZ02-49 with the attached
recommendations and Commissioner Osborne SECONDED the motion.
VOTE:
Osborne Yes Glick Yes B son Yes
Goecke Yes Tunseth Absent Nord Absent
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5a. PZ02-43 -- An application for a Conditional Use Permit for a retail business to
operate a pet grooming business from the property known as 1802 4th Avenue
(Lot 6, Block 2, Spruce Grave Subdivision), Kenai, Alaska. Application
submitted by Nancy Henricksen, 1802 4th Avenue, Kenai, Alaska.
MOTION:
Commissioner Glick MOVED to approve PZ02-43 and Commissioner Osborne
SECONDED the motion.
Goecke opened the item to public testimony. Verbatim begins:
Mark Shinn-- 403 Haller Street -- I'd like to circulate these and have you guys look at
these pictures. I live at 403 Haller Street, right next door. The fence is in really poor
condition, there's spruce posts, they're rotting off at the bottom and they're actually
leaning towards my yard and you can kind of see.
Goecke: Before you get going any further, would you sign in, state your name....
Shinn: Do I got to put the public hearing number up here at the top or not?
Goecke: No.
Shinn: Yeah, I live at 403 Haller. She's been running a business next door. I had no
idea it was that she was not legal until this hearing, I got this letter finally. But, we've
constantly had different dogs in the yard. Now that's her dog there that lives there
(referring to the picture), that dog comes over and greets us at the fence but that's me
and my wife. Now, if I was to have a visitor aver there that pulls into that driveway,
right off my front porch there, Ike got barking, constantly. You can see along the 403
Haller Street were the dog has worn a path for anybody that even takes a walk up the
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 2
street, the dog is at the fence constantly up and down, barking. You can see the trail
that the dog has worn there. As far what she's stating here in this form here about us
not complaining, we have complained to here and my wife called her once on a barking
dog and she goes Drell next time the f-ing dog starts barking we'll put it in the house'.
Goecke: Excuse me, we needed you to state your name prior to starting the testimony,
if you would, sir.
Shinn: My name is Mark Shinn I live at 403 Haller Street
Goecke: Ok. Thank you sir.
Shinn: But, I'm really worried about my property value. When I bought in that
neighborhood I bought, I feel I bought a piece of Haller Street and I should have some
say about what goes on around there. I had no idea that that business was not legal
next door. But, you know, I'm constantly coming home and there's dogs that I don't
even know, I haven't even seen before and they're over at the fence barking at me soon
as I get out of my truck or if I have visitors over at my house. In that driveway they're
barking at me. Last week there was a puppy out there that was probably six weeks
old, no probably six months old, and he was constantly sitting there by the fence
whining with zero attention out there. The yard, since you guys nailed your sign up
out front there, she did mow the yard right after that sign went up and she's mowed it
just again, recently. You can see from the pictures usually it's in that condition. And
~ like I say, the fence is in very poor condition. I invite each and every one of you guys
to come aver to 403 Haller and just take a look and see how close those dogs are to my
front door. Like I say, I'rn trying to get my yard cleaned up, I painted my house, put a
new garage door on, built a new deck on the front of the house. I'rn trying to increase
my property value I don't want it drug down. And my neighbor here Star, she had the
yard of the week probably 3 weeks ago, had a nice sign out front. She's trying to do
the same, and then to have a pet grooming business on the corner that's probably
going to grow in size in the next year or so, I just see it getting worse here, is all I'm
saying. My time up?
Glick: You ~e got another minute.
Shinn: Well like I say, we've complained to her, and alls we get back is f-ing dog f-ing
this well put it in the house and it's not happening. So, that's my statement, and like I
say, I'm living right there, I mean that fence is not that far from my house you can see
from the pictures and I've got dogs right there as soon as I pull my truck in, I've gat
dogs right there barking at me. So, it's been tough to live with it.
Goecke: Anyone have any questions? Mr. Bryson.
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 3
Bryson: For the proposed activity to be compatible with you and what you feel is
appropriate, would you have any recomrrzendations?
Shinn: I would like to have it where the dogs can't even see my house. I mean, like I
say, as it is I have people pull in my driveway who, that are corning to visit me and
we're out there talking and we got dogs barking in the background that I can't control.
It's very irritating. I don't know what you could do to control that.
Bryson: Her address is on 4~ Avenue and you live on Haller
Shinn: 403
Bryson: Right. So she backs up you, or?
Shinn: Right. She backs up. Her yard backs up to a couple yards in the back, but
mostly up against my house. Like I say, when I pull in my driveway, the fence is right
there. Soon as I get out of my truck I got dogs right here barking at me. The dog that
lives there is fine because he knows me the other dogs don't know me and they get
over there and they get going and then they all get going. And she has been having
them staying there like aday-care where they keep them a couple three or four days,
you know. And it seems like it's been a constant ever-changing thing. The other thing
I'd like to say is, were gat a lot of empty buildings in Kenai and I think we ought to
move the commercial business out into the commercial district instead of in the
residential.
Goecke: Ok. Thank you. Anybody else wishing to speak to this item PZ02-43?
Star McCloud -- 405 Haller Street, Kenai -- I live right next to Shinn's. My husband
and I are opposed to this permit being approved, also. Our concern is our property
value going down. Because, to me there is no difference between a dog day-care and a
boarding kennel when she keeps them overnight and our homes are too close together
to have this on a residential neighborhood.
Goecke: Any questions of Mrs. McCloud? Ok. Thank you. Anyone else wishing to
speak to PZ02-43?
Nancy Henricksen -- 1$04 4~h Avenue, Kenai - My name is Nancy Henricksen. I'rn the
one that applied for this conditional use permit for my Groomingdales business. My
business is solely conducted within the garage far the primary portion of my business.
I do provide some day-care only. The dogs stay by day, only. I did have one neighbor
dog that I allowed to stay for a few days because my neighbors where going on holiday.
In order to be agreeable and suitable to my neighbors, I can drop the day-care aspect
of my business. It is correct, the pasts in my yard that hold the fence up, now it's
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 4
more like the fence holds the pasts up, but the fence is secure, it's not falling over.
There's grading under each one of the gates, there's chicken wire buried for three feet
from the fence line out so the escapage out my property is very well next to nothing.
My neighbors have a solid wood fence up to their driveway to the port of their
driveway. I would be agreeable to allowing them to plant a post if they want to extend
onto my property to entirely close off their driveway from view from my property. I
wouldn't be opposed to that at all.
My lawn was definitely in disrepair. I'm as embarrassed about that as anybody.
Unfortunately, there is not aTroy-built dealer who carries Troy-built cables in the
area. I'rn having some financial difficulties myself and was not able to afford a new
mower, but did engage the neighbor boy to come over and start taking care of my yard.
My yard's pretty healthy and it grows very fast and in a two week period of time it was
looking unsightly again but, he was on holiday and I don't have a useful mower myself
and couldn't take care of it. The McClouds do have a beautiful yard. I'm glad that
somebody submitted them for the Garden of the Week because their garden is
beautiful. As was mine prior to when I moved from 1802 4~h Avenue into a different
residence but do to a dissolution of a relationship, I'm back at 1802 4+~ Avenue.
Gardening is a passion of mine. My garden will came back as soon as I can get out
there and get after it but right now my priorities are making my mortgage payment
and my utility payments.
My business is wholly enclosed, otherwise, within my garage. My home has been
modified in order to suit this capability. I'm the only person that works there; I have
no intentions of hiring another employee. I operate my drop-off and pick-up times
around bus schedules. I encourage leashing but as even your own animal control
officer knows, and you know, it's un-enforceable. I mean, you do your best to enforce
it when you can. As a main course of event, my dogs are maintained within the
confined area or else under my control at all times. If you have any further questions I
would be happy to answer them, and I too would invite you ta, if you would like to,
come out and view my facility. It's a clean, sanitary facility; I don't use any chemicals
with the exception of what you can buy in the grocery store. I clean with bleach,
vinegar and Listerine. AlI in all it's very safe, I've never had a loose dog, nobody has
ever gotten hurt or bitten or injured in my facility. That is my public testimony.
Thank you.
Goecke: Any questions for Ms. Henricksen Mr. Osborne.
Osborne: Did I understand you to say that you were going to drop the day-care for the
dogs?
Henricksen: I'Il do that. You know, because that seems to be the primary concern
with the other dogs in the yard and bothering them and their guests at the fence line.
I can understand that. I mean, my fence is pretty close to their driveway. I know that
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 5
there is a foot on the other side of my fence because I did leave my fence a foot off of
my thing in order to clean up both sides of the fence and keep my fence line clear
because 1 detest grass in the fence. Now there are two fences there and it's kind of a
lost cause. Yeah, Pd be willing to disengage the day-care portion of the business.
Osborne: In other words when somebody drops their dog off and you take care of the
grooming and they come and pick it up...
Henricksen: Correct. Groomed dogs don't ga outside at all, I don't even take them out
an a leash to potty. If they're going to potty they're going to potty in my garage. Too
big of risk of loss. I'd rather have them patty in my garage than risk losing a client
dog. Somebody who comes for daycare knows what the risks are, they are given the
opportunity to walk the yard, see whether or not they consider it safe for their dog and
that's the way that's done. But, I've only had one regular day-care dog there. Which is
a brown field spaniel, the pup that they speak of is my daughter's dog. High- energy
dog comes over to play with my high-energy big dog.
Goecke: Anybody else? Ok,
Sharron Shinn --403 Haller Street -- My name is Sharron Shinn I live at 403 Haller
next door to her. Like my husband was saying, my main concern is the value of the
property with a kennel. And that's, whatever she's calling this all it is is another word
for a dog kennel, is what it is. There was another gentleman by the name of Jay, he
runs Jay's Appliance, that I believe is on the parcel of 313 on there. He's just
cattycorner from her. He was going to be here because that was a same concern that
he had was the value of his property. But, he had an emergency, his mother had a
stroke and so he couldn't make it. I think that was it and all I really wanted to say.
I'm just concerned about the property. When we bought that house, we didn't realize
that we were going to have a dog kennel next door to us. The pick up and the cleanup
in that yard, in the whole time that I've seen her live there I have never once ever seen
her out there picking up any potty, so this picking up immediately after the dogs, I
don't know where that come from. But, you can see in the picture that fence is falling
down. It's leaning clear over in our yard. That's all I have to say.
Goecke: Any questions. Ok. Thank you.
Judith Stiedl-- 313 Ro ers Road -- Hi, my name is Judith Stiedl I live at 313 Rogers
Road. Nancy grooms my Cocker Spaniel and also washes my Lab. As you hear, I
don't live next to Nancy, I live an 313 Rogers Road, I have a neighbor just like these
people claim Nancy does who, I ga outside my door, even in my house, this dog barks.
Somebody drives by, somebody walks by, this dog barks. So this isn't just a one
incident situation in one neighborhood. Nancy has, as you heard, she has been
divorced and her fence, I'm sure if the neighbors would be willing to help her she, I'm
sure, would be mare than willing to help get her fence so that the posts aren't rotting
PLANNING S~ ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE b
and so that her yard does look much better. But, as you hear, Nancy has a hard time
with this. She's working as hard as she can, she supports herself. I bring my dog in
the morning, she grooms my dogs. The minute they are done I am called at my job to
come pick my dog up. My dogs are never taken out of her facility. Ever. I take them
in, I take them out. She does not kennel zny dogs other than to wash them, dry them,
cut them, and bathe them. Then I am called to be there. fiery time ire gone over
their dogs are dropped off. I f have never seen a dog running out, I have never seen
one being left in the kennel, they have all been picked up. She's not running a kennel,
it is a grooming thing and it is, we do pick ours up. I have had my dog groomed at
other kennels where I have dropped my dog off at 8 o'clock in the morning at a
groomers and my dog did not get picked up until 5:30-6:00 o'clock at night. That, I
consider a kennel. They're holding that dog all day. Nancy holds my dogs maybe
three hours at the most and I'rn able to get my dogs, it makes it very nice for the
animals, they aren't cooped up all day in a kennel. And that's ali I have to say.
Goecke: Any questions? Ok. Thank you. Anybody else wishing to speak to PZ02-43?
Ok. Seeing none at this time I'rn going to close the public hearing portion on this item
and bring it back, and ask staff if they have anything further.
Kebschull: Nothing additional.
Goecke: Ok. Thank you. At this point, any commissioner's....Mr. Bryson.
Bryson: I would like to propose an amendment restricting the permitted use to
grooming of dogs only and not permitting day or night boarding of dogs at this facility.
Glick: I'll second it.
Goecke: Ok. Any discussion? Seeing none we'll vote on the amendment.
VOTE•
Osborne Yes Glick Yes B son Yes
Goecke Yes Tunseth Absent Nord Absent
MOTION PASSED UNANIMOUSLY.
Goecke: Ok. Any more discussion on the main motion as amended? Mr. Bryson.
Bryson: Question far staff, there was an indication that (inaudible) from the
engineering to encourage additional off-street parking. How many parking spots do
they feel are necessary, one additional? For a total of two.
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 7
} Kebschull: There was a concern that, the plan shows there are four, room for four
vehicles and the engineer did not believe that that is accurate. The applicant's car
does take up one of those spots because the garage is used for the grooming. So,
there would probably at least need to be enough for another two vehicles on site. He
did not specify.
Bryson: I guess, given the nature of the business, even if the owner has two vehicles,
it would be an odd situation that would have more than one person dropping it there
for grooming, pickup or drop off. In either case probably not staying at the location.
Goecke: Ok, thank you. Any other commissioners have.... Ok. Mr. Bryson.
Bryson: Yes, concerning the fence. It's very, normal situation far an untreated log
fence. Which is somewhat of a different issue if there's no dogs in the yard itself,
which would be the case if this were approved.
Goecke: Ok. Call far question.
VOTE•
Glick Yes B son Yes Osborne Yes
Goecke No Nord Absent Tunseth Absent
MOTION FAILED.
Goecke stated this issue could be appealed to the City Clerk within 15 days.
5-b. PZ02-44-A resolution of the Planning and Zoning Commission of the City of
Kenai, Alaska, recommending to the Council that KMC 14.20.245 be amended
to provide far limited use of recreational vehicles in the recreation zone.
MOTION:
Commissioner Glick MOVED to approve PZ02-44 and Commissioner Osborne
SECONDED the motion.
Goecke opened the issue to public testimony; there was none.
Kebschull reminded the Commission this issue was intended to be included with the
resolution recommended to council to amend the recreation zone; due to a clerical
error it was kept separate.
PLANNING 8~ ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 8
Bryson stated he verified the issue with staff that this issue would apply only to
several large lots in the Section 36 area.
VOTE:
B son Yes Osborne Yes Glick Yes
Goecke Yes Tunseth Absent Nord Absent
MOTION PASSED UNANIMOUSLY.
5-c. PZ02-48 -- An application to amend the official zoning map to rezone a portion
of Lot 1, Yragui Subdivision (formerly a portion of Government Lot 61) from
suburban residential to general commercial. Application submitted by David
Yragui, P.O. Box 1290, Kenai, Alaska.
MOTION:
Commissioner Osborne MOVED to approve PZ02-48 and Commissioner Bryson
SECONDED the motion.
VOTE•
Osborne Yes Glick Yes B son Yes
Goecke Yes Tunseth Absent Nord Absent
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None
ITEM 7: NEW BUSINESS
7-a. Amend sign code -Sandwich Board Signs -Limit permitted display time.
Kebschull stated she expected Pat Porter to be in attendance to address the
issue. To date, one sign per lot up to 16 square feet is allowed in commercial or
industrial zones.
MOTION:
Commissioner Bryson MOVED to postpone discussion on the sandwich board signs
and Commissioner Osborne SECONDED the motion. There were no objections. SO
ORDERED,
PLANNING & ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 9
7-b. Discussion -- Off Street Parking
Commissioner Osborne stated the parking situation on Forest and Toyon Way appears
insufficient; five garages are numbered but there are currently six units. Additionally,
the excavation work underway has not been approved. Kebschull stated the situation
in question is being reviewed by the building official as the applicant has stated there
are 1.5 parking spots per unit; which is not allowable.
Commissioner Glick also stated he visited the site and found parking in the area to be
inadequate.
ITEM 8: PENDING ITEMS -- None
ITEM 9: CODE ENFORCEMENT-- None
ITEM 10: REPORTS -- None
10-a. City Council -Councilman Bannock reported an the following:
• Provided a recap of City Council action items, and
• Stated a small change to the amendment regarding recreational vehicles
would be forthcoming.
10-b. Borough Planning -- Commissioner Bryson provided a recap of Borough
Planning action items.
10-c. Admini stratian -- City Planner Kebschull reported the Planning Department is
working on a yearly report.
ITEM 11: PERSONS PRESENT NOT SCHEDULED --None
ITEM 12: INFORMATION ITEMS
12-a. "Zo Wing Bulletin" -July 10, 2002 8s August 10, 2002
12-b. Appeal letter regarding PZ02-37 (Quade) submitted by Ona Wilbert
12-c. Angler Acres Special Use Permits
12-d. Quarterly Report -Code Enforcement
ITEM 13
ITEM 14•
COMMISSION COMMENTS & QUESTIONS -- None
ADJOURNMENT
The meeting adjourned at 7:55 p.m.
PLANNING 8v ZONING COMMISSION MEETING
AUGUST 14, 2002
PAGE 10
Minutes pre ed and transcri ed by:
~~,
Sharon M. arris, Department Assis ant
PLANNING & ZONING COMMISSION MEETING
AUGUST I4, 2002
PAGE I1