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HomeMy WebLinkAbout2004-01-14 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION -~~ AGENDA r CITY COUNCIL CHAMBERS January 14, 2004 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Election of Chair and Vice Chair c. Agenda Approval d. 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. *December 10, 2003 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ04-04 -Preliminary Plat -Baron Park No. 12. Submitted by Integrity Surveys, 64S Swires Road, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ04-02 -- An application for an Encroachment Permit for rear yard setbacks for the property known as Lot 2A, Block 4, Inlet Woods Subdivision Jones Replat (1545 Windward Drive), Kenai, Alaska. Application submitted by Tracy W. Jones, P.O. Box 2749, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS; a. Kenai Landing Kenai River Center application far boat launch at 2101 Bowpicker Lane - Discussion b. *PZ04-01 - An application far a Home Occupation Permit for a daycare for the property known as Lot 3, Janousek Subdivision (603 Magic Avenue), Kenai, Alaska. Application submitted by Christine Casiano dba Adventures in Learning, 603 Magic Avenue, Kenai, Alaska. c. *PZ04-03 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2, Jenny Lynn Subdivision {401 McCollum Drive), Kenai, Alaska. Application submitted by Sylvia Stuart, 401 McCallum Drive, Kenai, Alaska. 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. 2003 Planning Commission Resolutions b, 2003 Building Permit Charts c. "Zoning Bulleting" -December 10 & December 24, 2003 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS JANUARY 14, 2004 - 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. Roll CaI1 Members Present: C. Glick, P. Bryson, R. Goecke, N. Amen, B. Eldridge, J. Hammelrnan, and J. Barrett Others Present: Council Member Jim Bookey, City Planner M. Kebschull, and Contract Secretary B. Roper 1-b. Election of Chair and Vice Chair Chairman Goecke turned the gavel over to Vice-Chairman Bryson. Vice-Chair Bryson called for nominations far Chair, MOTION: Commissioner Goecke MOVED to nominate Carl Glick as Chairman of the Planning & Zoning Commission and Commissioner Amen SECONDED the motion. MOTION: Commissioner Eldridge MOVED to close the nominations. There were no objections. SO ORDERED. Vice-Chair Bryson turned the gavel over to Chairman Glick and the floor was opened for nominations for Vice Chair. MOTION: Commissioner Goecke MOVED to nominate Phil Bryson Vice-Chairman of the Planning & Zoning Commission and Commissioner Amen SECONDED the motion. MOTION: Commissioner Eldridge MOVED to close the nominations. There were no objections. SO ORDERED. 1-c. Agenda Approval MOTION: Commissioner Eldridge MOVED to approve the agenda adding the lay down items provided prior to the meeting and requested UNANIMOUS CONSENT. Commissioner Goecke SECONDED the motion. There were no objections. SO ORDERED. I,-d. Consent Agenda MOTION: Commissioner Goecke 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 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT 3-a. Casey Reynolds-City of Kenai, Director of Economic Development Reynolds stated he came before the Commission to discuss the economic development plan for the City and explained, the plan will be a complementary part of the City's Comprehensive Plan. Reynolds reported he has been working with the Chamber for the past six months in forming a committee of citizens to assist with developing the economic plan. The committee consists of 22 very knowledgeable and high-profile Kenai residents who, within the next six months, will forge out an economic development strategy for the City. Reynolds stated he anticipates coming before the Commission several times to provide progress reports and to get feedback on various aspects of the plan; by the time it is finished it would be a complete and well-rounded plan. Reynolds reported the first meeting, which will be open to the public, is scheduled for January 26~ at 6:00 p.m. at the PRISM building. Reynolds noted Commissioner Eldridge is on the committee. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ04-04 -Preliminary Plat -Baron Park No. 12. Submitted by Integrity Surveys, 605 Swires Road, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZ04-04 and Commissioner Goecke SECONDED the motion. PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 2 Kebschull requested the Commission review amended staff comments and the plat provided and added at Agenda Approval. Kebschull added, the original plat neglected to have the 60' flag so in order to ensure the property that is un-subdivided had access, the staff comments and the plat were amended. These show what the City is proposing for the subdivision based on the lease application. Chairman Glick noted this was not a public hearing but allowed comments on the subject. Peter Klauder, Klauder Ba Company Architects, Kenai, Alaska. Klauder provided a report on the conceptual plan for the proposed residential treatment center to be operated by Aspirations, Inc. Klauder made available drawings and renderings far the proposed facility and noted the following: • The campus is designed to house kids from age six through 17 and will focus on psychiatric treatment and education in a secured residential, home-like environment. • His design plays down the institutionalism of the site and explained the various buildings and activity ~axeas. • The facility is designed to house 72 children and if the demand were there, another facility would pQSSibly be built in another area or location within the state. • Attorney Blaine Gilman added from the audience, the children are referred from different placements, private, State, etc. Commissioner Amen asked if the flagged portion was to be kept free and clear. Kebschull explained, the flag actually remains a portion of the un-subdivided lot and will be access for future use. It was clarified the new construction would not be a part of that parcel. Amen asked if the high level sound envelope of the airport would cover the parcel and Kebschull replied, it would not be affected. Commissioner Bryson stated the area referred to as a flag is inferred by the acreage that is being platted by the 18 acres which is an increase from the previous drawing. Bryson added, he would be surprised if the Borough wouldn't require that to be either a tract or a dedicated unit anc~;if so, the heavy line would go around and include that tract. Kebschull added, the City of Kenai is not opposed to flagged lots and they are allowed. She continued, the City Engineer recommends it remain flagged until such time as a dedicated right-of--way is required. Amen asked for clarification on the term flag. Kebschull explained, under the City's subdivision rules, if the area is dedicated as aright-of--way the City would be required to develop it. Since it is uncertain what the needs are for the un-subdivided remainder, a flag was created until the need is determined. Eldridge stated the land in that area conservation land and pursuant to the PLANNING 8s ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 3 -~l Comprehensive Plan, will be changed to airport industrial land. He added, the Commission will need to direct Administration to bring the new classification of the airport conservation land forward. VOTE: Amen Yes Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-02 - An application for an Encroachment Permit for rear yard setbacks far the property known as Lot 2A, Block 4, Inlet Woods Subdivision Jones Replat (1545 Windward Drive), Kenai, Alaska. Application submitted by Tracy W. Jones, P.O. Box 2749, Kenai, Alaska. MOTION: Commissioner Goecke MOVED far approval of PZ04-02 and Commissioner Eldridge SECONDED the motion. The public hearing was opened. Tracy Jones, 1545 Windward Drive, Kenai, Alaska -Jones introduced himself as the applicant for the encroachment permit and explained he had just moved to the community last year and Hall Construction built a new 3000 sq. ft. home for him on the two lots he purchased in the subdivision. He noted, this large home takes up most of the property and indicated he was not aware of the setbacks when the little out building project was started and had asked his contractor if he thought there would be a problem. His contractor said he didn't think so because the house sufficed for the setbacks. Jones continued, he hired an individual to build the out building and felt if there were any rules he depended on the contractor to know what they were. Jones reported half way through the project he had to let the contractor go so he finished the project himself. Jones stated, before the project started he discovered a rule about protecting trees in the area. Jones referred to the covenants for his subdivision and passed it around to Commissioners. Chairman Glick advised the City does not enforce covenants or get involved in them. Glick added, the covenants would have no bearing on the issue at hand. Jones disagreed and stated they do in this situation and it's somewhat of a Catch 22 because in order to do the covenants he's forced to do the other. Jones continued, the covenants require a five foot setback for asingle-story structure and he PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 4 falls within the guideline. Jones added, when he purchased the property, he didn't realize there was going to be a 20 and 15 foot setback and quite a bit of property is lost because of that. Jones continued, he paid a lot of money for the property and with the setbacks he loses a third of his property. Jones stated there is no encroachment of any utilities, federal laws, permits, plats etc., and the only encroachment he is being charged with is the 20-foot from the property setback. Jones said he purchased two lots and those lots weren't even designed in a specific direction so once the house was built, that determined the setbacks. Jones stated he is on a corner lot and now he is forced to have two front setbacks so it pushes him even further into the corner of his property. In order to have any type of storage building, he would have to build right up against his house. Jones said this hinders hirn from trying to build any kind of structure so he picked about five feet off the back property line and came in 15 feet from the outside of the side of the property. Jones provided photographs of his house and reiterated he still didn't know about the 20 and 15-foot setbacks and during the process he tried to protect the trees as required by the covenants and still build a structure in the small square he had to work with, Jones stated the building is not a huge building, perhaps large for some little storage building but it matches the house. Jones added, none of the neighbors have objected to this building, Jones stated he went with the rules on the front of the covenants, which states five feet and he built according to that. Glick asked if there was power or heat to the building and Jones replied there was only temporary power and no heat. Commissioner Barrett asked what the foundation was and Jones replied it was on some piles as it is just a storage building and not a ~} dwelling. Bryson stated he looked at the building and it appears to be quite tall, perhaps atwo- story structure. Bryson added, he wasn't inside but the placement of the windows were well elevated from the ground which inferred to him it was probably atwo-story structure, in which case the 15-foot side setback would be appropriate. Bryson added, the descriptions in the zoning code describe front and rear setbacks and when the individual developed his lots it continued to front on Windward so there is a question that Windward is the frontage and 120 feet into the lot is the rear. Bryson continued, it is apparent from staff comments no building permit was acquired for the construction but undoubtedly the building permit for the original building would have provided information on setbacks and would have addressed the situation for five and 15-foot setbacks on sides and what the rear was expected to be. Bryson stated he couldn't see the justification of approving the encroachment permit, Jones responded to Bryson by adding the structure is single story; it was just a loft. Jones added, what makes a two story is an eight-foot ceiling inside and the structure doesn't have that. He added, the plans were shown to the engineer or the building inspector and it sufficed for asingle-story building. Jones continued, if he tried to move it, which is almost impossible, he'd have to cut down other trees. PLANNING 8y ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 5 -1 David Dickerson, Kenai, Alaska -- Dickerson reported he owns Lots 1 and 13, which 1 show they adjoin Jones' lot and buildings. Dickerson stated they've lived in the area for over 20-years and had taken a lot of time looking around for a location to on which to build. Dickerson continued, one of the attractions of the lots in Inlet Woods were the covenants and the fact there is some open space between buildings and the privacy it provides. Dickerson requested the encroachment permit be denied because he felt it will close in on his lots and reduce the value of his property. Dickerson added, the Jones' home is very nice but quite large as is the out building, which he feels is the tallest single story shed in Kenai and it will cast quite a shadow on his lots. Dickerson stated he would like to see the setbacks maintained as they are written as they are there for a purpose and they protect everyone including Jones. Eldridge stated, since the building inspector determined the structure to be single story and if the setbacks are followed per code, Jones could potentially move the structure 101/~ feet closer to the Dickerson lot line. Eldridge stated he felt it would be better with an encroachment permit than to move closer to the other lot. Dickerson stated, the lots are $0-feet wide which are narrow with the setbacks and that affects what can be done. Dickerson reiterated he felt the setbacks should be maintained. Barrett asked if it would still be a problem if Jones were to move the shed closer for the side setback of Lot 1. Dickerson replied, a building five feet from his property line was not ideal, but it would be acceptable as long as it is within code. The public hearing was closed. For clarification purposes, Kebschull noted • The determination of the single story was based on the building code, which requires a certain amount for livable space and because there was no building permit issued for this construction, is was not reviewed. • The building official had not been inside the structure sa it would have to be reviewed. • When it was discussed earlier, it was noted it might be considered a daylight basement, story-and-a-half type structure which would require a ten foot setback. • Any structure over 120 sq. ft. requires a building permit and is required to meet the setbacks. Kebschull added, this structure is 200 sq. ft. aver that amount. Commissioner Hammelman asked what the setbacks are for atwo-story and Kebschull replied, five feet for a single story, ten feet for a daylight basement or split level, and 15-feet for atwo-story. Amen asked when the 120 sq. ft. restriction came into effect and Kebschull answered about three years ago when the code was clarified and it requires that any structure requiring a building permit also is required to meet setbacks. PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 6 } Bryson stated he and his wife own a number of properties in the area and he was notified by mail of the hearing. Bryson noted they do not own any of the adjacent properties but are within 200 feet. He added, it was his intent to vote on the issue. Hammelman stated it was difficult for him to decide on the subject because there had been no determination of whether it is a single or two-story structure. Kebschull noted it is not atwo-story structure. Glick asked if it could be considered a daylight basement and Kebschull stated it could be by looking at the height of the structure. She added, it is not a typical structure by definition. Bryson stated for clarification, in either case the 15.5 feet conforms to both situations on that side and it is the 20-foot rear setback that is the issue. Eldridge asked what the process was since the City now knows the building exists, i.e. will the applicant be required to file a building permit. Kebschull answered, yes, and that is when the encroachment was discovered. Kebschull added, the building official would not review it until an encroachment permit is received. VOTE: Amen No Glick No Goecke No B son No Barrett Yes Hammeiman No Eldrid a Yes MOTION FAII.ED. Chairman Glick advised an appeal could be filed within 15 days with the City Clerk. MOTION: Commissioner Bryson MOVED that the following findings of fact be attached to the action taken: • Lots were originally platted fronting on Windward. • As described and defined in the City's building code, Windward Drive would have been the frontage in this case and the opposite parallel line would be the rear setback. • The common lot line 2 -3 was vacated and Lot 2-A created by the elimination of that lot line. • The residence was constructed fronting on Windward as originally intended by definition of the plats. • An accessory structure was built without a building permit and encroached on the rear setback by approximately 14 feet. PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 7 Commissioner Amen SECONDED the motion. Commissioner Barrett noted a corner lot could choose either street to be the frontage. Kebschull clarified, a frontage is determined when a house is designed. Barrett added, Bryson said the lots were designed to front Windward but it appears the decision is made when the foundation of the house is laid down. Glick advised Commissioner Bryson was providing finding of fact on how the encroachment occurred. Bryson asked where frontage is determined in the code and Kebschull replied, the front of a house is determined by looking at several sections including the definitions for front, side, rear setbacks; the Development Requirement Tables specifically state that side setbacks are determined independently from the front view of the structure; and, the address section states the house is addressed from the street that it fronts. Kebschull reiterated, all those sections are put together and that's how the front of a house is determined. VOTE: Amen Yes Glick Yes Goecke Yes B son Yes Barrett Yes Hammelman Yes Eldrid a Yes MOTION PASSED UNANIMOUSLY. Kebschull advised of the appeal process, which needs to be in writing to the City Clerk within 15 days. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. Discussion -- Kenai Landing Kenai River Center application for boat launch at 2101 Bowpicker Lane Kebschull advised the Commission is given the opportunity to make comments or recommendations to the Borough as they review the request for a Conditional Use Permit. Bryson abstained from making any determination on the issue due to potential conflict. After general discussion, it was determined the Commission was in favor of the project. Kebschull stated she would advise the Borough and noted the Harbor Commission also made a similar recommendation. 7-b. PZ04-Q1 - An application for a Home Occupation Permit for a daycare far the property known as Lot 3, Janousek Subdivision (603 Magic Avenue), 1 PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 8 Kenai, Alaska. Application submitted by Christine Casiano dba Adventures in Learning, 603 Magic Avenue, Kenai, Alaska. Approved by consent agenda. 7-c. PZ04-03 - An application for a Home Occupation Permit for a daycare for the property known as Lot 2, Jenny Lynn Subdivision (401 McCollum Drive), Kenai, Alaska. Application submitted by Sylvia Stuart, 401 McCollum Drive, Kenai, Alaska. Approved by consent agenda. ITEM $: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS YO-a. City Council -- Council Member Bookey reviewed the January 7th action agenda and noted Council approved the printing of the Comprehensive Plan. Kebschull noted the printing will not take place until the plan is reviewed by the Borough. Bookey advised Council approved the Capital Improvement Projects list which will be distributed to the borough and legislators. 10-b. Borough Planning -- Commissioner Bryson reviewed the Borough Planning Commission agenda for the January 12th meeting and discussed actions taken. 10-c. Administration -Kebschull noted the following: • It appears the facility Klauder explained earlier would require a Conditional Use Permit even in the light industrial zone but further clarification will be provided later. The lease application is the first step followed by platting then it would come before the Commission to determine if the property is not needed for public purpose. • The packets may appear a little different and that's due to a new copier system the City is using. This is time-saving tool for staff. • The yearly reports are included in the packet. A current code violation report will be provided at a later date. • The work session regarding adult-oriented businesses had been scheduled for irnrnediately following the February 11th meeting and City Attorney Graves will attend. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 9 -~ ITEM 12: INFORMATION ITEMS 12-a. 2003 Planning Commission Resolutions 12-b. 2003 Building Permit Charts 12-c. "Zoning Bulleting" --December 10 & December 24, 2003 ITEM 13 : COMMISSION COMMENTS & UESTIONS Commissioner Goecke asked if the City can require building contractors are licensed. Kebschull replied, the City does not require a license for someone purchasing a building permit and it does not require someone to prove they are paying sales tax. Kebschull added, in this instance the builder was not known. Kebschull noted, the City is very careful to educate people when they purchase lots in Inlet Woods. A packet of information is provided which includes setback information and the purchaser is counseled on the information packet of contents. The City reviewed the process with Jones and Dickerson. Kebschull advised the arguments Jones provided the Commission were not the arguments he gave staff when the encroachment was discovered. Kebschull added, Jones said where he carne from those kinds of structures did not require a building permit and he thought if the structure would cost less than $5,000 he didn't need one. Kebschull continued, if would be difficult to track builders. Those locally fallow the requirements. Goecke asked if Jones purchased the lots from the City and Kebschull confirmed he did and then he replatted them and he reviewed the plat after the house was already started. Bryson asked for clarification if a contractor was going to construct and item in the right-of--way he has to have a permit to do the work. Kebschull confirmed a permit would be required to excavate in the right-of-way bonding would have to be provided. Kebschull noted the City occassionally puts a notice in the paper explaining building permits are required. Eldridge asked if there was any other way to get the setback requirement information out and Kebschull stated the information currently is in all the paperwork. Bryson added the setbacks are on the building permit, in the code, and is available in handouts. He continued, the action taken had precedence where the adjacent property owner objected to the approval of the permit. Kebschull continued, in this case Jones' building permit for his house had the setbacks on it. Eldridge asked if the City was in a position with the approval of the Comprehensive Plan to start on the conservation zone at the airport and Kebschull replied, not until the Plan is returned from the Borough. ITEM 14: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 10 \ MOTION: Commissioner Goecke MOVED to adjourn and Commissioner Bryson SECONDED the motion, There were no objections. SO ORDERED. The meeting adjourned at approximately 8:25 p.m. Minutes transcribed and prepared by: ~.... Barbara Roper, Con ct Secretary PLANNING & ZONING COMMISSION MEETING JANUARY 14, 2004 PAGE 11