Loading...
HomeMy WebLinkAbout2003-07-23 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 23, 2003 -'1:Op p.m. 1. CALL TO ORDER: a. Swearing in of Commissioner Barrett b. Roll Calt c. Agenda Approval d. Consent Agenda *Ali 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. *APFROVAL OF MINUTES: a. *July 9, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-31-Preliminary Plat -Kenai Townsite ACS Replat. Plat submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ03-2$-An application for a Variance from the Development Requirements Table (Height Restrictions - ~-/- 2-Foot Variance) for the property known as Lot 9B, B1, VIP Gauntry Estates (2515 Watergate Way), Kenai, Alaska. Application submitted by Chris and Lori Every, P.O. Box 2760, Kenai, Alaska. b. PZ03-29--An application for a Conditional Use Permit for BusinesslConsumer Services for the property known as the East 50' of that portion of Government Lot 321ying north of the Kenai Spur Highway {8498 Kenai Spur Highway), Kenai, Alaska. Application submitted by Crystal Giles dba Midnight Agency, P.O. Box 68ti, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: *a. PZ03-30-An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block J, Woodland Subdivision Part 1, 520 Ash Avenue, Kenai, Alaska. Application submitted by Michele McCauley-Olson, 520 Ash Avenue, Kenai, Alaska. 8. 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 (6125103} i3. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING $6 ZONING COMMISSION CITY COUNCII. CHAINIBERB JULY 23, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING MII~TiTTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:03 p.m. 1-a. Swearing in of Commissioner Barrett City Planner Kebschull administered the Oath of Office to Commissioner Jay Barrett. 1-b. Roll Call Members Present: Goecke, Amen, Eldridge, Hammelman, Barrett Members Absent: Glick, Bryson Others Present: Councilman Osborne, City Planner Kebschull, Department Assistant Carver, Contract Secretary Roper 1-c. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda adding the lay down items provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Hammelrnan SECONDED the motion. There were no objections. SO ORDERED, 1-d. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 9, 20D3 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- Noae ITEM 4: CONSIDERATION OF PLATS 4a. P7A3-31-Preliminary Plat -Kenai Tawnsite ACS Replat. Plat submitted by Integrity Surveys, 605 Swires Road, Kenai,, Alaska. MOTION: Commissioner Amen MOVED to approve PZ03-31 and Commissioner Eldridge SECONDED the motion. Kebschull explained the plat and pointed out the City would not normally accept a preliminary plat until the building and fire codes are met, but in this situation the plat was required irx order to allow a building permit tv be issued to alleviate the fire code issues. Kebschull referred the Commission to the staff recommendations noted in the staff report and included in the packet. VOTE: Eldxid a Yes Amen Yes Glick Absent Goecke Yes Bryson Absent Barrett Yes Hammelman Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ03-28-An application for a Variance from the Development Requirements Table (Height Restrictions - +/- 2-Foot Variance) fvr the property known as Lot 9B, B1, VIP Country Estates (2515 Watergate Way), Kenai, Alaska. Application submitted by Chris and Lori Every, P.O. Box 2760, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED to approve PZ03-28 and Commissioner Hammelman SECONDED the motion. Goecke opened the meeting to public testimony. There were no public comments and the public hearing was closed. Kebschull noted comments received by the City regarding the application were included in the packet. Amen stated the owner caused the need for the variance and he would vote against the issue. Kebschull confirmed the owner did order the trusses incorrectly but the mistake was not intentional. PLANNING & ZONING COMMISSION MEETING JULY 23, 2003 PAGE 2 VOTE: Eldrid c Yes Amen No Glick Absent Goecke Yes Bryson Absent Barrett Yes Hammelman Yes MOTION PASSED. Goecke advised of the appeal process. 5-b. h1,03-29---An application for a Conditional Use Permit for Business/Consumer Services for the property known as the East 5Q' of that portion of Government Lot 32 Lying north of the Kenai Spur Highway (8498 Kenai Spur Highway), Kenai, Alaska. Application submitted by Crystal Giles dba Midnight Agency, P.O. Box 686, Kenai, Alaska. MOTION: Commissioner Hammelman MOVED to approve PZ03-29 including the recommendations from staff and adding the lay down information provided prior to the meeting. Commissioner Eldridge SECONDED the motion. Goecke opened the meeting to public comment and requested testimony be limited to five minutes. Crystal Crites, Kenai, Alaska -- Owner of Midnight Agency requested her five minutes be relinquished to Jonathan Becker, her Operations Manager. Jonathan Harold Becker, Kenai, Alaska -- Becker read a portion of the written testimony he provided to the Commission prior to the start of the meeting. Hammelman asked far a better description of the use of the proposed shop and Becker explained the majority of the work he will perform will be done off-site. He added, the shop will basically include a desk, file cabinet and phone Line and is mainly there for tax purposes. Hammelrnan expressed concern the designated parking spaces were too close to the bike path. Becker stated the spaces could hold three vehicles comfortably and felt there were no obstructions to the bike path. After further discussion, Becker stated it is possible the parking spaces could encroach the bike path. Ray Zagorski, 8480 Kenai Spur Highway, Kenai, Alaska -- Zagorski stated this was not a personal issue and noted he didn't know the owner of the facility. Zagarski continued, he owns the adjacent lot and noted the facility to be used as an office space is a shack with inadequate water and sewer for a business. Zagorski gave an explanation of the material and photographs which he provided prior to the meeting. Zagorski expressed concern with the bike path being so close to the facility and the previous sewage problems. PLANNING & ZONING COMMISSION MEETING JULY 23, 2p03 PAGE 3 Zagorski continued, he is not sure what the business would be ixx the dwelling but suspects it to be computer salvaging. He added, last winter the back yard was loaded with computers and the Code Enforcement Officer noted the owner to remove them as they were considered hazardous waste. Zagorski stated he observed the computers being moved inside the dwelling. Zagorski stated he believed there were other facilities on the peninsula more suitable for this type of business and feels the City's Comprehensive Plan has been violated and there would be an unfair injustice to the neighborhood and properties if the building is used for business purposes. Zagorski continued, he feels the building is illegal the way it is and will continue to be illegal until something is done. He added, he feels the property is harmful to the public. Eldridge asked if there was City water and sewer in the vicinity. Zagorski replied there was. Eldridge asked if the house was hooked up. Zagorski stated he did not think it was. Barrett asked if the grassy lot depicted irx a photograph was the proposed parking area. Zagorski replied, the drawing in the application shows the client delivery area and ten feet of parking space; he thought some of the spaces were probably pretty close. Zagorski. also expressed concern with the driveway and a lot of things being done in the middle of the night without proper City approval. Zagorski added, the driveway put in is only ten feet between the house and his property line. With no additional testimony, Goecke closed the public hearing. Amen asked about the history of the property to include misuse, condition, poor septic and the hazardous waste onsite and how that would tie into the granting or denial of the request. Kebschull replied, the prior code violation was corrected and added, the City doesn't have anything in the Code that addresses the storing of material in a building as long as its out of sight. Kebschull continued, the City does not regulate onsite water and sewer, however, when a special use permit is requested, the City can put a stipulation. on the permit. She added, if the applicants came in and just wanted to operate a business by phone, fax, mail delivery, it would have been on the consent agenda as a home occupation. She didn't think state statute would allow a business without proper sanitary facilities. Kebschull added, the City doesn't know if the system works or not, so that's why the certification is required. Amen asked if the Commission's approval or denial of the request would be the City's chance to stop the misuse of the property. Kebschull stated it was up to the Commission to make a decision whether or not the proposed permit meets the zoning code and Comprehensive Plan. In order to do that, items such as those discussed need to be taken into consideration. Kebschull added, the lot, structure, water, and PLANNING 8s ZONING COMMISSION MEETING JULY 23, 2003 PAGE 4 sewer are non-conforming; in fact, there should not be water and sewer on this lot because of the size. Eldridge suggested a condition be attached requiring the owner to hook up to City water and sewer since a new septic system could not be introduced. Amen disagreed, noting the Commission's responsibility is to determine whether or not the proposal meets code. Hammelman expressed concern with the property not having sufficient sanitary facilities and the location along the bike path. Amen asked if staff's first recommendation was afollow-up to the Building Official's statement. Kebschull replied, she does not believe the business fits the integrity of the Comprehensive Plan and zone. She added, there is concern whether or not there is sufficient parking to meet the 180 sq. ft. required by code. If the business had visitors by appointment, the area may meet the integ~'ity of the zone, but if it is used as a storefront then it would not. Kebschull added, she believed, if the business were limited to a home occupation, it would meet the integrity but only if the septic and water problems were corrected. Barrett asked if the applicant was required to put a bathroom in the facility. Kebschull replied, by standard, bathroom facilities are required i.n an office. VOTE: Eldrid a No Amen Yes Glick Absent Goecke No B son Absent Barrett No Hammehnan No MOTION FAILED. Chairman Goecke advised the applicant of their appeal options. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS 7-a. PZ03-30 -- An application for a Home Occupation Permit for operating a daycare at the property known as Lot 1, Block J, Woodland Subdivision Part 1, 520 Ash Avenue, Kenai, Alaska. Application submitted by Michele McCauley-Olson, 520 Ash Avenue, Kenai, Alaska. Approved by consent agenda. 1TEM 8: -- None. ITEM 9: CODE ENFORCEMENT -- None. PLANNING 8v ZONING COMMISSION MEETING JULY 23, 2003 PAGE 5 ITEM 10: REPORTS 10-a. City Council -- Councilman Osborne provided a report based on action taken at the July i6, 2003 City Council meeting. 10b. Borough Planning -- No report. 10-c. Administration -- Kebschull thanked Osborne for his support on the notification mail out issue and was pleased to announce postcards may now be used and is the least expensive way. Kebschull stated the last public hearing was a difficult issue and the older lots do present dilemmas when making decisions regarding their use. Kebschull added, it would be quite expensive for the property owner to hook up to City water and sewer. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEII~ 12: 12-a. Zoning Bulletin (6/25/03) ITEM 13: , , • , ••..., TS & QUESTIONS Commissioner Barrett stated he was pleased to be serving on the Commission. The Commission welcomed Barrett. ITEM[ 14: ADJOURNMENT The meeting adjourned at 8 :OS p.m. MQinutes recorded and transcribed by: ~~J Barbara Roper, Con a t Secretary PLANNING & ZONING COMMISSION MEETING JULY 23, 2003 PAGE 6