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HomeMy WebLinkAbout2003-07-09 Planning & Zoning Minutes., CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 9, 2003 - 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. *June 25, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-27-Preliminary Plat -McCann Subdivision - Luoma Replat. Plat submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. } 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. Kenai Spur Highway Addressing -Discussion 7. NEW BUSINESS: 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. KPB Notice of Plat Committee Meeting of June 23, 2003 -Hannah Estates b. KPB Notice of Plat Committee Meeting of June 23, 2003 -Kay Lynn Subdivision No. 3 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 9, 2003 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at approximately 7:01 p.m. 1-a. Roll Call -- Roll was confirmed as follows: Present: Hamrnelman, Eldridge, Amen, Glick, Goecke, and Bryson Absent: None Others Present: City Glerk Freas and City Planner Kebschull 1,-b. Agenda Approval MOTION: Commissioner Glick MOVED to approve the agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- June 25, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ03-27-Preliminary Plat -- McCann Subdivision - Luoma Replat. Plat submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to recommend approval of PZ03-27 with the incorporation of the staff comments and Commissioner Glick SECONDED the motion. Kebschull reviewed the information included in the packet and noted the following: • The plat is a request for a fairly extensive vacation along Aspen Drive; if the vacation is approved, it would leave the right-of--way at 42.77 feet, below the minimum code requirement of 50 feet for right-of ways; and, to allow the right-of--way width of 50 feet requires the majority vote of the Commission. Due to those concerns, Administration believes the vacation request, as submitted, could not be approved. • The request far the vacation came about because the property owner wanted to acquire a building permit and could not due to the encroachment and an encroachment permit cannot be approved because the structure is in the right-of--way. The vacation is an effort to eliminate the encroachment. • The property owner wants to remove the front portion of the structure and rebuild it. The building code does not require the setbacks the zoning code requires because it is aright-of--way on both sides; the structure, as it sits with the vacation, meets the building code. The Building Official felt, if the front section of the structure was removed and instead of building it in the same location, it could be moved over and perhaps the 50 foot right-of--way requirement could be met. However, based on further review, it did not appear that would be able to be accomplished as it appeared they would be approximately two feet shy of meeting the 50 feet. Even if the 50 feet could be met, they would have an approximate three foot overhang of the eave and it would be an encroachment into the right-of--way and an encroachment permit would not be attainable. Based on all these items, it was staff recommendation the structure remain as it is (a non-conforming structure) and the vacation be denied. Discussion followed relating to the history of the building, i.e. built in 1960 and the plat recorded in 1959, the plat indicates the building setbacks of 25 feet, however the structure was not noted on the lot and it is unclear what portion of the structure was there in 1969. Kebschull distributed photographs of the structure and an as-built of the property. Bryson stated, in reviewing the photos, it appeared there was desire to abandon the front portion of the building at some time and then build within the lot itself, however it was not done and one or more additions were made to the building. He added, he feels to concur in a vacation of this nature would dramatically affect the neighbors anal it has affected the neighbors for a lengthy period in the past because the city was not seasonally maintaining the road. Other comments noted were: • It was not the garage section that was as much trouble as the main house which was in the encroachment. PLANNING 8s ZONING COMMISSION MEETING JULY 9, 2003 PAGE 2 • An encroachment permit could be approved for a zero setback, but an encroachment permit cannot be granted for a structure which has any portion of it encroaching in the right-of--way. In this case, the eave would still overhang into the right-of-way by approximately three feet. • To administration's knowledge, there has not been any precedent on past decisions far leaving aright-of--way at less than 50 feet. • The original plats indicate athirty-foot right-of--way with 25-foot building setbacks on both the McCann Subdivision (recorded 1969) and the McLain Subdivision (recorded 1957). Bryson stated he had no question the structure was legal when it was originally built, however later, a plat was created in which the side setback was legal, though the structure may have had an encroachment on the front setback. The plat created the encroachment. VOTE: Hammelman Yes Eldrid e Yes Amen No Glick No Goecke No B son No MOTION FAILED. *Note: Clarification of the motion was made in the process of taking the above roll call vote. Voting yes would mean approval of the plat; voting no would not approve the plat. MOTION: Commissioner Bryson MOVED the staff comments represent the Commission's Findings of Fact and Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 6: PUBLIC HEARINGS -- None. ITEM 7: OLD BUSINESS 7-a. Discussioan -- Kenai Spur Highway Addressing Information included relating to the addressing of Spur Highway parcels was included in the packet. Bryson stated, given the input of the investigation of the addressing, it appeared to him to be quite logical and consistent with the Kenai Municipal Code. Bryson noted, the City's method, beginning at the "Y" in Soldotna as "0," is the Mile Post number (expressed in decimals) times 1,000, i.e. Mile 14.200 would be a 14200 PLANNING 8v ZONING COMMISSION MEETING JULY 9, 2003 PAGE 3 Kenai Spur Highway address. He added, he agreed with administration, no modification to the addressing was required. Consensus of the Commission was to not make any modifications of the City's numbering system as defined in the code. ITEM 8: NEW BUSINESS -- None. ITEM 9: PENDING ITEMS -- None. ITEM 10; CODE ENFORCEMENT -- None. ITEM 11: REPORTS 11-a. City Council -- Councilman Osborne reviewed actions taken by council at their July 2, 2003 meeting. 11-b. Borough Planning -- No report. 11-c. Administration -- Kebschull reported the following: • The ordinance for council approval of the Comprehensive PIan would be introduced at the August 6, 2003 meeting and the public hearing would fallow on August 20. • An ordinance to amend the code to remove certified mailing requirements for notification of public hearings will be before council for public hearing on July 16, 2003. • Commissioners Bryson and Glick will be absent for the July 23, 2003 Planning & Zoning Commission meeting. There are two public hearings scheduled for that meeting and will be irnpartant far the rest of the membership to attend in order to proceed. Glick referred to what appeaxed to be a new residential structure being built on Fireweed, which is in a General, Commercial Zone. Kebschuli reported the permit was approved for the structure and it was not noticed the property was in a commercial zone. In speaking with the City Attorney, she was told in Alaska law there is estoppal, which means the city cannot change its previous issuance of the permit allowing a nan-conforming use in the commercial zone. She added, the property owner has been notified and told no additions to the structure can be placed unless it would be used for a commercial purpose. Glick suggested this property and two other residences in the same vicinity and on the same side of the street be rezoned to a residential zone which would make them a conforming use. He added, this would not be spot zoning, in his opinion, because the properties on the other side of the street are in a residential zone. Kebschull noted the code allows the Commission to initiate a rezone. The Commission requested she discuss the matter further with the city attorney. PLANNING & ZONING COMMISSION MEETING JULY 9, 2003 PAGE 4 Amen asked if Kevin Waring would be present during the public hearing of the Comprehensive Plan ordinance when before council. Kebschull indicated he would not unless council extended his contract in order to do so. She explained, Waring's contract expired when the Camrnission passed its resolution to recommend approval by the council. ITEM 12: PERSONS PRESENT NOT SCHEDULED -- None ITEM 13: INFORMATION ITEMS 13-a. KPB Notice of Plat Committee Meeting of June 23, 2003 -Hannah Estates. 13-b. KPB Notice of Plat Committee Meeting of June 23, 2003 -Kay Lynn Subdivision No. 3. ITEM 14: COMMISSION COMMENTS & QUESTIONS Glick restated he would not be in attendance at the Commisson's July 23 meeting. ITEM 15: ADJOURNMENT MOTION: Commissioner Eldridge MOVED for adjournment and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:31 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING & 24NING COMMISSION MEETING JULY 9, 2003 PAGE 5