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HomeMy WebLinkAbout2004-06-09 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 9, 2004 - 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. *May 26, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ04-20 - An application for an Encroachment Permit for side yard setback far the property known as Lot $, Ruby's Dazzling Scenic View Subdivision {1402 Barabara Drive), Kenai, Alaska. Application submitted by Ty & Nicolette Schemanski, 1402 Barabara Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Amendment to KMC 14.22.010 -Land Use Table -Discussion S. PENDING ITEMS: 9. CODE ENFORCEMENT: a. One Stop Grocery Store -- Building Permit & Landscape Site Plan 10. REPORTS: a. City Council b. Borough Planning c. Administration ll. PERSONS PRESENT NOT SCHEDULED; 12. INFORMATION ITEMS: a. Zoning Bulletin (5110104 & 5125/04) b. KPB Administrative Plat Approval -Baron Park No. 12 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS JUNE 9, 2004 - 7:00 P.M. CHAIR CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Glick called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present: J. Barrett, J. Hammelman, B. Eldridge, N. Amen, C. Glick, and P. Bryson Commissioners Absent: None Others Present: City Clerk Freas, Council Member Bookey, City Planner Kebschull, Planning & Zoning Administrative Assistant Carver 1-b. Agenda Approval The items were requested to be added to the agenda: ADD TO: Item 5-a, PZ04-20 -- Letter from Sharalyn Wright, Thomas Wright and Sara Wright opposing the encroachment permit application. ADD AS: Item fi-a, PZ04-22 -- Recommending to the Council of the City of Kenai, Alaska, the Council Elect to Administer the Kenai Peninsula Borough's Anadromous Streams Habitat Protection Ordinance by Adopting It and Incorporating It by Reference into KMC 14.20.165. ADD fi0: Item 7-a, PZ04-21 -- Amendment to KMC 14.22.010, Land Use Table (Resolution and Draft Ordinance) MOTION: Commissioner Eldridge MOVED to approve the agenda with the additions to Items 5-a, 6-a, and 7-a and requested UNANIMOUS CONSENT. Commissioner Barrett SECONDED the motion. Commissioner Bryson suggested Item 6-a should be New Business and Kebschull stated, because no action would be taken at this meeting, it should be Old Business. The public hearing will be held at the next Commission meeting. l VOTE: There were no objections. SO ORDERED. 1-c. Consent Agenda ITEM 2: APPROVAL OF MINUTES -- May 26, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ04-20 - An application for an Encroachment Permit for side yard setback for the property known as Lot 8, Ruby's Dazzling Scenic View Subdivision (1402 Barabara Drive), Kenai, Alaska. Application submitted by Ty & Nicolette Schemanski, 1402 Barabara Drive, Kenai, Alaska. MOTION: Commissioner Eldridge MOVED for approval of PZ04-20 and Commissioner Bryson SECONDED the motion. Kebschull noted the letter from Sharalyn, Thomas and Sara Wright objecting to the encroachment permit which was added to the agenda at the beginning of the meeting. She also noted, the applicants were present as well as an adjacent property owner. Glick asked if the date of the hearing could be changed as requested by the Wrights and Kebschull explained it could not due to the public hearing being advertised. She added, during a telephone conversation with Sharalyn Wright, she advised her the public hearing had been advertised and because of that, the public hearing had to be held at this meeting. However, the Commission could continue the hearing if they chose. Kebschull also reported, the hearing notice had been mailed to the Wright address and Ms. Wright indicated she had not received it. Ms. Wright also noted, she was calling from Seattle and her mail had been forwarded to a Juneau address. Kebschull stated the city code was followed in regard to advertising and notifying adjacent property owners of the permit. Chair Glick opened the public hearing. Glees Clifford, P.O. Box 245, Kenai, AK -- Clifford stated the applicants had contacted he and his wife during the winter and said they wanted to come closer to the PLANNING & ZONING COMMISSION MEETING JUNE 9, 2004 PAGE 2 l property, but according to the agreement in the subdivision covenant, a 20 foot 1 setback was required on the side. At that time, he told her they would stay with the 20 feet. When the contractor made the error on the property (he couldn't fmd the stakes in the snow), he told the applicants they would not argue the point if the Commission approved the status as is. Clifford added, they did discuss the driveway being in the middle of the property line and they would like it moved on to the middle of their property. Barrett advised subdivision covenants are not enforced by the city and the city has different setback requirements. Bryson Hated, the encroachment cannot address trespass issues and the driveway situation was a trespass issue. Clifford stated he was not objecting to the structure as it is now. Barrett asked the applicant if a continuation of the public hearing would cause them a hardship. Nicol,ette Schemanski -- Stated a continuation would be hardship as they had been put on hold for 30 days. She added, the wails are prefabricated and the lumber had been delivered; all the crews were scheduled and they would prefer not to rearrange those schedules. Schemanski also reported they had already discussed the moving of the driveway with the excavator anal the work had been arranged. Schemanski also noted, the garage would be facing the street. When asked how the Wright property related to hers, she indicated Lot 9 was owned by the Wrights. Discussion followed and comments included: • Commissioner Amen asked if the value of the adjacent property being affected was not a condition to this issue. Kebschull stated, that issue would be considered under conditional use permits and variances but is not a requirement of this section of the code and, in this case, she didn't believe it would affect the neighboring property owner. • Bryson stated he felt a structure could be a perception of diminished value, but Clifford was not objecting to the use and Lot 9 was not being damaged by the activity that occurred. Bryson stated he would support the motion to approve the permit. • Commissioner Eldridge noted staff s recommendation to grant a two foot encroachment for placing siding on the structure. • Bryson noted, in the letter from the Wrights, their objection was referenced to Lots 7 and 8; the petition is for Lot 8 alone. • The Commission does not necessarily need to discuss the request to continue a public hearing because all the requirements for the public hearing had been met, i.e. mailings, advertisement, etc.; under different circumstances, a request to continue may need to be discussed. PLANNING & ZONING COMMISSION MEETING JUNE 9, 2004 PAGE 3 l VOTE: Barrett Yes Hammelman Yes Eldrid e Yes Amen Yes Glick Yes B son Yes MOTION PASSED UNANIMOUSLY. Glick noted, a letter of appeal may be filed with the City Clerk within 15 days of the meeting's action. Kebschull also noted she informed Wright of the appeal process and invited her to call her in the morning to learn what action was taken. ITEM 6: OLD BUSINESS 6-a. Discussion -- Draft PZ04-22 -- Recommending to the Council of the City of Kenai, Alaska, the Council Elect to Administer the Kenai Peninsula Borough's Anadromous Streams Habitat Protection Ordinance by Adapting It and Incorporating It by Reference into KMC 14.20.165. Kebschull reviewed the draft Planning 8~ Zoning resolution which was added to the agenda at the beginning of the meeting and noted, the Harbor Commission had reviewed the information at their June 7 meeting. A public hearing on PZ04-22 will be scheduled for the June 23 Commission meeting and no action was required for this meeting. It was also noted the Harbor Commission recommended approval by the City Council, though they did not have a copy of the draft far review, however they will see it before the ordinance goes before council for public hearing. ITEM 7: NEW BUSINESS 7-a. Discussion -- Amendment to KMC 14.22.010 -Land Use Table Kebschull reviewed her memorandum included in the packet and noted the draft resolution added to the agenda at the beginning of the meeting. She explained, recently, there was a lot of interest in airport properties. The majority of unsubdivided airport property is zoned conservation. The newly adopted Comprehensive Plan has recommended an airport overlay zone to eliminate the zoning restrictions on this property due to the conservation status. The original plan was to begin this process as soon as the Comprehensive Plan was adopted, however the airport is in the process of conducting an airport supplemental plan to include an inventory of airport properties and recommendations for future. Because it would seem premature to rezone properties without the advantage of the supplemental plan and the consultant's recommendation, Administration's recommendation is to amend KMC 14.20.070(a) to allow uses as permitted by the FAA. Kebschull added, the resolution would be before the Commission for public hearing at their June 23 meeting and no action was required at this meeting. Council will have the ordinance before them at their June 16 meeting for introduction. PLANNING & ZONING COMMISSION MEETING JUNE 9, 2004 PAGE 4 y l ITEM 8• 1 ITEM 9: PENDING ITEMS -- None. CODE ENFORCEMENT 9-a. Discussion -- One Stop Grocery Store -Building Permit & Landscape Site Plan Kebschull reviewed the information included in the packet and noted: • The property had a new owner who cleared the land last fall and the city informed them in writing they would need to submit a landscape site plan. • The owners now placed a coffee kiosk on the property and would need to start the process over again, i.e. building permit, landscaping site plan, etc. • The most owners were unaware of city landscaping requirements for that property, but would have been notified of them if they had filed the required landscape site plan. • When the initial landscape site plan was approved there were included strict buffering requirements. • Because the owners breached the original requirements and didn't submit a landscape site plan, they will be informed they need to buffer the land by extending the fence or planting new trees, etc. • The owners will be given an amount of time to make the appropriate submissions, etc. ITEM 10• REPORTS 10-a. City Council -- Bookey reported the Council had passed the budget, with a $176,000 deficit, however he felt the revenue would be higher than projected. He added, amendments were made to hire an additional police officer, add Sunday hours at the library, and purchase a town clock for probable installation at the Memorial Park. Bookey also reported the mil rate was reduced by one-half mil. 10-b. Borough Planning -- No report. 10-c. Administration -- Kebschull reported the Borough Assembly had adopted the City of Kenai Comprehensive Plan (copies were later distributed to the Commission) and noted areas of the code the Commission should probably review in the future as the landscaping site plan and subdivision ordinances. ITEM 11: PERSONS PRESENT NOT SCHEDULE -- None. ITEM 12: INFORMATION ITEMS 12-a. Zoning Bulletin (5/ 10/04 & 5/25/04) 12-b. KPB Administrative Plat Approval ~- Baron Park No. 12 PLANNING 8v ZONING COMMISSION MEETING JUNE 9, 2004 PAGE 5 1 ITEM 13: COMMISSION COMMENTS 8a QUESTIONS -- None. ITEM 14: ADJOURNMENT MOTION: Commissioner Barrett MOVED for adjournment and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 8:06 p.m. Minutes transcribed and prepared by: Carol L. Freas, Gity Clerk PLANNING 8v ZONING COMMISSION MEETING JUNE 9, 2004 PAGE 6