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HomeMy WebLinkAbout2003-08-27 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 27, 2003 - 7:00 p.m. 1. CALL TO ORDER: a. Roll CaII 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. *August 13, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ03-36-Preliminary Plat -Thompson Park Subdivision -Hobbs Addition. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669 S. PUBLIC HEARINGS: a. PZ03-32-An application to amend PZ93-52 a Conditional Use Permit to extract natural resources {gravel pit} to include storage of construction equipment and materials for the property known as Tract A-1, Beaver Loop Acres Addition No. 1 {2370 Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick J. Doyle dba Beaver Loop Sand and Gravel, 49758 Island Lake Road, Kenai, Alaska. b. PZ03-33 - An application to amend PZ02-43 to modify the permit the conditional use permit for grooming to removing the fencing as required by the Board of Adjustment. Application for property known as Lot 6, Block 2, Spruce Grove Subdivision {1802 4th Avenue), Kenai, Alaska. Application submitted by Nancy Henricksen dba Groomingdales, 1802 4th Avenue, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ03-37-An application for a Home Occupation Permit for operating a daycare at the property known as Lot lA Cerepa Subdivision No. 2, 1308 Kiana Lane, Kenai, Alaska. Application submitted by Rowena Wilshusen, 1308 Kiana Lane, Kenai, Alaska. b. Amendment to Kenai Zoning Map -Thompson Park Subdivision -Fireweed Lane area - Update $. PENDING ITEMS: 9. CODE ENFORCEMENT: Agenda August 27, 2003 14. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. KPB Notice - Shankel Subdivision b. KPB Administrative Approval Yragui Subdivision 13. COMMISSION COMMENTS & QUESTIONS: Fage 2 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSIOI CITY COUNCIL CHAMBERS AUGUST 27, 2003 - 7:00 P.M. CHAIR RON GOECKE, PRESIDING ITEM 1: CALL TO ORDER MINUTES Chair Goecke called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present: Carl Glick Phil Bryson Barry Eldridge Ron Goecke, Chair Jay Barrett Nelson Amen Commissioners Absent: John Hammelman Others Present: City Planner Marilyn Kebschull, City Clerk Freas, and City Council Member John Osborne 1-b. Agenda Approval MOTION: Commissioner Amen MOVED to approve the agenda as submitted with the lay downs included and Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Glick MOVED for approval of the consent agenda as submitted and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- August 13, 2003 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ03-36-Preliminary Plat -Thompson Park Subdivision -Hobbs Addition. Plat submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AK 99669 MOTION: Commissioner Glick MOVED for approval of PZ03-36, Preliminary Plat for Thompson Park Subdivision, Hobbs Addition. City Planner Kebschull explained the action requested is to remove a lot line to combine Lot 3 and the east one-half of Lot 4 (Lot 4 was split at some time, making two lots), making a conforming lot to the standards of that zone. Noting both these lots are currently substandard, she explained, the city records do not indicate how that happened. In contacting the Borough, she was told there are many old plats that were done on paper. The Borough researched as far back as 1967 and did not find any record on the property. In pulling the original Thompson Park plat, Kebschull added, it looked as though it had been recorded in 1960 and between 1960 and 1967, it must have been done on paper and were probably nonconforming at that time. Lot 5 and the west one-half of Lot 4 are in a single ownership as are Lot 3 and the East half of Lot 4. They do not know if the original stipulations required the two lots on either side remain in single ownership. Kebschull stated, this property owner wants to build a residence on Lot 3a (after removal of the lot line). She added, the West one-half of Lot 4 is a nonconforming lot and under the city's code, as long as they meet all other development requirements, i.e. Iot coverage and setbacks, they will be able to build there. The owner would have to remove the lot line only to use that portion of the land to construct, as the subject lots. Commissioner Bryson added, occasionally in the past and especially in Thompson Park when soils were sometimes marginal, many times lots were split to allow a neighboring lot to install a second septic system due to the failure of the first and often done by deed only. He added, today, it would be an illegal subdivision. VOTE: Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Absent Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2003 PAGE 2 S-a. PZ03-32 -- An application to amend PZ93-52 a Conditional Use Permit to extract natural resources {gravel pit) to include storage of construction equipment and materials for the property known as Tract A-1, Beaver Loop Acres Addition No. 1 {2370 Beaver Loop Road}, Kenai, Alaska. Application submitted by Patrick J. Doyle dba Beaver Loop Sand and Gravel, 49758 Island Lake Road, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZ03-32 and Commissioner Glick SECONDED the motion. Goocke opened the public hearing and being no public comments, the hearing was closed. Kebschull reported no comments were received. The amendment to the permit would clear up an existing condition, i.e. the permit allows for specific use of the property for the operation of a gravel pit. Because there have been items of equipment for other than the gravel pit business, the city offered them time to amend the permit. She added, administration recommends approval of the amendment. A brief discussion followed and Kebschull explained, the city gave them time to remove the equipment and probably would be in the near future, however Doyle wanted to take care of it officially. VOTE: Glick Yes Geocke Yes B son Yes Barrett Yes Hammelman Absent Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Geocke noted, for the record, the appeal procedure. S-b. PZ03-33 -- An application to amend PZ02-43 to modify the permit the conditional use permit for grooming to removing the fencing as required by the Board of Adjustment. Application for property known as Lot 6, Block 2, Spruce Grove Subdivision (1802 4th Avenue}, Kenai, Alaska. Application submitted by Nancy Henricksen dba Groomingdales, 1802 4th Avenue, Kenai, Alaska. MOTION: PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2003 PAGE 3 Commissioner Eldridge MOVED for approval of PZ03-33, a conditional use permit on a retail business, and Commissioner Bryson SECONDED the motion. Verbatim Bens: Goecke: As this is a public hearing item, we will open the public hearing portion of this meeting for this item and as is there is nobody in the audience to speak to this item, we will close the public hearing portion and bring it back to the commission and ask staff if they have anything additional on this one. Kebschull: I don't have anything additional. I would draw your attention to the one lay down that you were given tonight which is a fax from Mr. Shinn who is the neighbor most directly affected by this permit and he also spoke to you at the last public hearing. Goecke: Okay, bring it back to the commission. Mr. Barrett. Barrett: Just for clarification, on page 2, at the end of the second paragraph, is said, "...with the condition that site obscuring fence replaces the current fence by June 30, 2002." I assume that means 2003? Kebschull: Yes, thank you for that correction. Barrett: I had another question. The next paragraph, it appears Ms. Henricksen's only two options are to cease operation or apply to modify the permit. She no longer has the option of putting up asite-obscuring fence? Kebschull: That was the attorney's opinion because she had failed to meet the deadline and so, he gave her that option. Goecke: Anybody else? Mr. Amen? Amen: Have there been any significant changes since August, 2002 in the intention or intent of the use? I'm looking for a change. Kebschull: I guess I'd like clarification on what you mean, "any significant." Amen: I think we had good reasoning back in August of 2002 in the way it was taken care of by this commission at that time. Are the facts markedly different now versus in the past? Kebschull: As far as I know, the applicant states that she, you know, at the last hearing she removed the request for boarding, which was the issue with pets in the yard and at that point, at that hearing, she testified that the pets were only hers or her PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2003 PAGE 4 family's, that she not caring for other pets. That was issue, I think, because as far as someone is coming to and from the home and just taking a pet in for grooming and out, it should not affect the neighbors. She says that's what's happening. The neighbor, Mr. Shinn, when he spoke with me, says that there are numerous unfamiliar pets that he sees from time to time. Not at one time, but he sees different pets in the yard. So, I don't know. Amen: Thank you. Goecke: Mr. Bryson... Bryson: Yes, my observations are that, you know, certain people, a lot of these have obligations here. The petitioner, I feel, has an obligation not to adversely impact their neighbors and also the city has an obligation not to be punitive or arbitrary in applying conditional requirements. So, I think, I feel the fencing issue became not pertinent to the, to what's otherwise the problem. I will supporting the petition. Eldridge: Mr. Chairman... Goecke: Mr. Eldridge? Eldridge: Yea, the application states that there is no kenneling or day care for dogs at the residence which I presume is the purpose of the fence going up, or the requirement of the fence. So, if she is only bringing dogs into the garage and then sending them home, I don't see any need for a fence. So I too will support this. Goecke: Mr. Barrett. Barrett: Every time I have to go and get a haircut, which is getting less and less frequent as I get older, I have to sit and wait and so I'rn assuming sometimes the dogs have to sit and wait for their, their owners to come and pick them up and may need to use the facilities, which may be the yard, do we know if the strange dogs in the yard are there doing their doggy business or if they're there for extended periods of time? Kebschull: No, I don't know. That's why I placed the stipulation on the permit that they have to be transported to and from the facility and may not be in the yard. I don't know what accommodations she could make for that. I do understand that there are inside accommodations that can be made for that kind of thing. Goecke: Well, I have a bit of heartbreak of this thing. Going, Mr. Bryson brought up a thing about not impacting the neighbors and part of my heartbreak over this is the fact that it's not necessarily so much this paint in question, it's just that it's, I think there's more, more to this than just this grooming business and that being the case, i am not going to support this. So, anybody else? PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2003 PAGE 5 Glick: Mr. Chair. Goecke: Mr. Glick. Glick: I tend to agree with you. I'm disappointed that some of these neighbors didn't come in tonight to personally testify about the problems that are still going on, that are still ongoing with dogs being in the yard that do not appear to be hers, which she says there aren't. But, so I think too there's more taking place than what we see in writing here tonight and I can't support this either. Goecke: Mr. Eldridge. Eldridge: Just one other comment. On Mr. Shinn's email, it seems what he's mast concerned about is the fact that she's not maintaining the home probably as he, as maybe he would like to see it maintained. The maintenance seems to be what he's picking up on in this particular (inaudible). That's his problem which, which is really part of what we're considering here tonight. Goecke: Anybody else? Mr. Bryson. Bryson: I guess my question to the commission would be, does the fence change anything? We're talking a major expense for a person who presumably would not be able to afford to fence an entire lot line. To me, the city has an obligation to apply conditional requirements that affect the operation of the facility rather than be a, just a stumbling block. Goecke: Anybody else? Seeing none. VOTE: Glick No Goecke No B son Yes Barrett Yes Hammelman Absent Eldrid e Yes Amen No MOTION FAILED. Freas: It's a tie. It failed. Goecke: Motion fails. Again, if somebody wishes to appeal this to city council for a hearing, they have 15 days to do it with the City Clerk across the hall. End of verbatim. ITEM 6: OLD BUSINESS -- None. PLANNING & ZONING COMMISSION MEETING AUGUST 27, 20Q3 PAGE 6 ITEM 7: NEW BUSINESS 7-a. PZ03-37 -- An application for a Home Occupation Permit for operating a daycare at the property known as Lot IA Cerepa Subdivision No. 2, 1308 Kiana Lane, Kenai, Alaska. Application submitted by Rowena Wilshusen, 1308 Kiana Lane, Kenai, Alaska. Approved by consent agenda. 7-b. Amendment to Kenai Zoning Map -- Thompson Park Subdivision/Fireweed Lane area -Update Kebschull reviewed the color-coded map included in the packet and noted, she would be contacting those property owners who had not yet responded to her initial correspondence before the next commission meeting. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS 10-a. City Council -- Councilman Osborne reviewed the action agenda of the August 20, 2003 council meeting, included in the packet. 10-b. Borough Planning -- Commissioner Bryson reviewed actions taken by the Planning Commission at their August 25, 2003 meeting. 10-c. Administration -- Kebschull reviewed the following: • Council has requested administration review and report what actions will be required for the city to administer the ordinance. The Borough's Kenai River protection ordinance is written so a municipality may assume the responsibility of the ordinance, however the city's ordinance would have to be as strict or stricter than the Borough's ordinance. Administration has been requested to take the discussion to the Harbor Commission and Planning & Zoning Commission for recommendations before the issue returns to council. • Mr. Baker, of Integrity Surveys, has stated his interest in building an new office building on Government Lot 44 (on the corner of Swires Road and Kenai Spur Highway}. In trying to determine there is enough area for the building to be placed on the commercial-zoned area (because the lot appears to be split zoned on the zoning map), it was discovered the property was not technically rezoned approximately ten years ago. Kebschull reviewed the history of the property and noted the building permit for the commercial structure will be issued, however Baker will have to go PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2003 PAGE 7 through the rezone process. If he presents other than what is seen on the map, he will not be protected under the doctrine of estoppal. If he presents it as it is currently, the city attorney feels it should be approved and it should stand up should there be an appeal. Kebschull added, the matter will be coming to the Commission for review. • Administratively, there has been a policy that if sorncone requires a building permit requiring a replat, once it goes through the Commission review and is approved, a building permit would be issued prior to the Borough review. Because there has been a problem with this process, building permits will no longer be issued until preliminary plats have had the Commission and Borough's preliminary approvals. A statement will also be placed on the building permit noting a certificate of occupancy will not be issued until the final plat is recorded. This will slow the process, but if everything is done as required, it should not hold the process up too Iong. • The City has been informed the State DOT are beginning to have items removed from their right-of--way, i.e, the KCHS sign, flower pats, signs, etc. The city does not regulate the state right-of--ways. However, it has been noted the State's efforts do not seem to be the same for all properties. • The Commission approved the removal of a lot line for the Three Bears property. Administration is reviewing the Landscape Site Plan and is investigating old records to learn if there was a fencing requirement. If there is, it would allow an opportunity for the city to require them to repair the existing fence dividing their property from the residential area behind them and acting as a buffer. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. KPB Not ice - Shankel Subdivision 12-b. KPB Administrative Approval Yragui Subdivision ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None. ITEM 14: ADJOURNMENT MOTION: Commissioner Glick MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:42 p.rn. M' utes tran c ibe prep ed by: Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING AUGUST 27, 2p03 PAGE 8