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Home My WebLink About2004-02-11 Planning & Zoning Minutes`-S CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA - CITY COUNCIL CHAMBERS February 11, 2004 - ?:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. *APPROVAL OF MINUTES: a. *January 28, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ04-06 - An application for an Encroachment Permit for rear yard setbacks for the property known as Lot 6, Block 1, Ryan Subdivision (314 Dolly Varden Street), Kenai, Alaska. Application submitted by Shawn O~onnoghue, 314 Dolly Varden Street, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ04-07 An application for a Home Occupation Permit for operating a daycare at the property known as Lot 5, Block 2, Bush Lane Subdivision, 1232 Lilac Lane #2, Kenai, Alaska. Application submitted by Cecilia A. Dobbs, 1232 Lilac Lane #2, Kenai, Alaska. b. Amendment of KMC 14.20.320 -- Modular Homes -Discussion/Set Public Hearing 8. PENDING ITEMS: 9. CODE ENFORCEMENT: a. Code Violation Status Report 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: I2. INFORMATION ITEMS: a, Revised Driveway Site Plan -Travis HaII - 4905 Silver Salmon Dr. 1 b. "Zoning Bulletin(1/10/04J" c. "Planning Commissioner's Corner" d. Kenai River, Kenai Landing Boat Ramp e. KPB Ordinance 2004-03 - An ordinance authorizing the sale of approximately 0.25 acres of Land to Herman and Irene Fandel to resolve a long standing trespass on Borough land located within the City of Kenai f. State of Alaska, Non-Metropolitan Local Consultant Policy 13. COMMISSION COMMENTS 8a QUESTIONS: Z4. ADJOURNMENT: Work Session Immediately Following Regular Meeting Commission will meet with City Attorney Cary Graves regarding the draft ordinance for Adult Oriented Businesses. CITY OF KENAI 1 PLANNING 8a ZONING COMMISSION CITY COUNCIL CHAMBERS FEBRUARY 11, 2004 - 7:00 P.M. CHAIR PRO TEMPORE RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Due to the absence of Chair Carl Glick and Vice Chair Phil Bryson, the meeting was called to order by Commission Member Ron Goecke. MOTION: Commissioner Barrett MOVED to elect Ron Goecke as Chair Pro Tempore and Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-a. Rall Ca11 Roll was confirmed as follows: Commissioners Present: Jay Barrett, Barry Eldridge, Nelson Amen, and Ron Goecke Commissioners Absent: Carl Glick, Phil Bryson, John and Hammelman Others Present: Council Member Bookey, City Clerk Freas, City Planner Kebschull, City Attorney Cary Graves 1-b. Agenda Approval Chair Pro Tempore Goecke noted the following changes to the agenda. ADD TO: Item 7-b -- Corrected memorandum to the Commission. Item 9-a -- Cade Violation Status Report -- Replacement. MOTION: Commissioner Eldridge MOVED to approve the amended agenda and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Amen MOVED for approval of the consent agenda and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- January 28, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-06 - An application for an Encroachment Permit for rear yard setbacks for the property known as Lot 6, Block 1, Ryan Subdivision (314 Dolly Varden Street), Kenai, Alaska. Application submitted by Shawn O~onnoghue, 314 Dolly Varden Street, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZ04-06, an application far an encroachment permit and Commissioner Barrett SECONDED the motion. Public hearing was opened. There were no comments from the public and the hearing was closed. City Planner Kebschull reported the house was built in the 1960's and an encroachment permit was granted in 1990 far a front setback on Kiana Lane, with the driveway on Kiana Lane. Based on information from the Encroachment Permit application, the driveway to the house was off Dolly Varden, with a front door on Kiana. In 1995, a building permit was issued for constructing a garage. Mr. O'Donnoghue, the present owner, wants to raze the existing garage and rebuild it in the same footprint and will need a rear yard setback encroachment. Mr. O'Donnoghue was in the audience and because he was unaware of the process, was unable to speak to the issue without the Commission reopening the public hearing. Goecke reopened the public hearing. The Commission had no objections. Shawn O'Donnoghue, 3~4 Dolly Varden -- O'Donnoghue stated his intention to raze the existing garage and rebuild it using the same footprint and building it to code. He also noted, he purchased the property in October/November and at the time; the as- built showed the garage was only 18 x 24 sq, ft.; a new as-built indicated the garage was extended into the back and the former owner didn't get an encroachment permit at that time; the existing building was not built to code; and, he wants to replace the old garage with a new one, built to code. PLANNING 8~ ZONING COMMISSION MEETING FEBRUARY 11, 2004 PAGE 2 1 The public hearing was closed. Comments and discussion indicated the following: ] • There is no precedent to grant a permit with a building in place, then deconstruct it and then reconstruct it. • If an encroachment is discovered during a sale, the issue is corrected prior to the sale. • The fence encroachment would be a civil matter, though O'Donnoghue stated it would be removed. • There will be a bedroom above the new garage, but the height of the garage will not be more than the existing home (it will be a two-story garage). VOTE: Glick Absent B son Absent Barrett Yes Hammelman Absent Eldrid e Yes Amen Yes Goecke Yes MOTION PASSED UNANIMOUSLY. Chair Pro Ternpore Goecke stated the appeal instructions. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. PZ04-07 An application for a Home Occupation Permit for operating a daycare at the property known as Lot 5, Block 2, Bush Lane Subdivision, 1232 Lilac Lane #2, Kenai, Alaska. Application submitted by Cecilia A. Dobbs, 1232 Lilac Lane #2, Kenai, Alaska. Approved by consent agenda. 7-b. Amendment of KMC 14.20.320 -Modular Homes -Discussion/Set Public Hearing ., Kebschull referred to the draft ordinance included in the packet and explained the city had been contacted by an out-of--state company who is interested in purchasing lots in Inlet Waods and to place 15-20 modular homes on the lots. Administration is concerned for other property owners who may have homes valued at $250,000 and do not want modular homes next. door. Administration brought the issue to the Commission to discuss whether the issue should be brought forward as a resolution to recommend amendments to the code to allow these types of homes and whether the amendments should include zone restrictions. } PLANNING & ZONING COMMISSION MEETING FEBRUARY 11, 2004 PAGE 3 ~~ A general discussion followed in which it was noted the definition included in the draft ordinance is one from the Housing & Urban Development regulations. Questions were raised relating to the difference between a modular home (sits on a foundation) and a mobile home (mobile home has a chassis) and whether the building process Hall Builders uses for their housing construction would be considered modular homes. The Commission consensus was to bring forward the resolution for code changes for public hearing. It was also requested the public hearing be scheduled after the return of Chairman Glick because of his knowledge of building construction; investigate the Hall Builders building process; added definition of modular homes and prefabricated homes, using examples of different structures and examples of modular homes from the company who contacted the city; and, bring back the investigative information prior to the public hearing. Kebschull also noted Administration had received some calls relating to people using containers in their yards for storage. Kebschull noted, the Commission may want to be proactive and suggest requirements, i.e. siding, roof, zone restrictions, etc. Consensus of Commission was for Kebschull to keep them informed and if it appears the item becomes more of an issue, she will notify the Commission. ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT 9-a. Code Violation Status Report ITEM 10: REPORTS IO-a. City Council -- Council Member Bookey reported a Board of Adjustment hearing had been scheduled for February l $ in regard to the appeal of Tracy Jones. 10-b. Borough Planning -- No report. YO-c. Administration -- Kebschull reported she attended the Borough Planning Commission Meeting at which time the City's Comprehensive Plan was unanimously passed. The Plan will go before the Borough Assembly at their April 6 meeting. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. Re vised Driveway Site Plan -- Travis Hall - 4905 Silver Salmon Dr. 12-b. "Zoning Bulletin (1 / 10/04)" PLANNING & ZONING COMMISSION MEETING FEBRUARY 11, 2004 PAGE 4 12-c. "Plan ning Commissioner's Corner" 1 I2-d. Kenai River, Kenai Landing Boat Ramp 12-e. KPB Ordina nce 2004-03 - An ordinance authorizing the sale of approximately 0.25 acres of land to Herman and Irene Fandel to resolve a long standing trespass on Borough land located within the City of Kenai. 12-f. State of Alaska, Non-Metropolitan Local Consultant Policy ITEM 13: COMMISSION COMMENTS 8a UESTiONS -- None. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:45 p.m. Minutes transcribed and prepared by: ~~~/ Carol L. Freas, City Clerk PLANNING & ZONING COMMISSION MEETING FEBRUARY 11, 2004 PAGE S