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HomeMy WebLinkAbout2004-11-10 Planning & Zoning Minutes., CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November 10, 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. *October 27, 2004 3. SCHEDULED PUBLIC COMMENT: 1 4. CONSIDERATION OF PLATS: a. PZ04-48 Preliminary Plat - BLP Subdivision, A resubdivision of Parcel 3 and 5 Deeds Book 36, Page 211 KRD. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: 7. NEW BUSINESS; a. *PZ04-47 - An application for a Home Occupation Permit far a daycare far the property known as Lot 7, Donnybrook-Blarney Subdivision (1720 Aliak Drive}, Kenai, Alaska. Application submitted by Maria Bravo, 1720 Aliak Drive, Kenai, Alaska. b. Hangar Purchase and Lease of Lot 2, Block 3, General Aviation Apron -Review and Recommendation 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration ll. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER I0, 2004 - 7:00 P.M. VICE CHAIR PHIL BRYSON, PRESIDING MINUTES ITEM 1: CALL TO ORDER I-a. Roll Call The roll was taken by Clerk Freas and confirmed as follows: Commissioners Present: B. Eldridge, N. Amen, J. Barrett, P. Bryson, J. Twait, J. Hammelman Absent was: C. Glick Others Present: City Planner Kebschuli, Council Member Moore, and City Clerk Freas A quorum was present. 1-b. Agenda Approval Vice Chair Bryson noted the following changes to the agenda: ADD TO: Item ?-b, Lease Application/Richard Page d/b/a SOAR International Ministries, Inc. Item 7-b, 11 / 10 /04 M. Bondurant memorandum noting the Airport Commission's recommendation relating to the SOAR lease application. ADD AS: Item 12-a, Kenai City Council roster Item 12-b, ADOT&PF STIP 11/ 16/0 meeting information. MOTION: Commissioner Amen MOVED to approve the agenda, with the addition of the lay down items listed and Commissioner Eldridge SECONDED the motion. Commissioner Amen requested UNANIMOUS CONSENT. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- October 27, 2004 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ04-48 -Preliminary Plat - BLP Subdivision, A resubdivision of Parcel 3 and 5 Deeds Book 36, Page 211 KRD. Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska. City Planner Kebschull reviewed the staff report information included in the packet. She noted, the subject property is located off Cone Avenue and is in the process of being purchased by the lessee (Nabors Alaska). During the purchasing process, the as-built survey indicated a portion of fence is encroaching on the adjoining property (Tract A, owned by Beaver Loop Partnership). Kebschull also noted, the re-subdivision of the parcels will move the lot line and provide access to Tract A. She added, administration recommends approval of the preliminary plat. MOTION: Commissioner Arnen MOVED to adopt PZ04-48 and Commissioner Barrett SECONDED the motion. There were no public comments. Kebschull also noted, the re-subdivision would create a flag lot on Tract A; would be used as a driveway; it would be a part of Tract A; and, the surveyor will be requesting an exception through the Borough. VOTE: There were no objections. SO ORDERED. ITEM 5: PUBLIC HEARINGS -- None. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEW BUSINESS 7-a. PZ04-47 -- An application for a Home Occupation Permit far a daycare for the property known as Lot 7, Donnybrook-Blarney Subdivision (1720 Aliak Drive), Kenai, Alaska. Application submitted by Maria Bravo, 1720 Aliak Drive, Kenai, Alaska. PLANNING 8~ ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 2 Approved by consent agenda. 7-b. Review and Recornrnendation -- Hangar Purchase and Lease of Lot 2, Block 3, General Aviation Apron. Kebschull referred to the information included in the packet and the lease application and memorandum regarding the recommendation forwarded from the Airport Commission which were added at the beginning of the meeting. She explained, the hangar and lease were put out for bid, i.e. the hangar for purchase and the property for lease. Kebschull added, two bids were received and Mr. Page and SOAR International Ministries, Inc. were the high bidders. She added, the Commission is to determine whether the intended use of the property complies with the zoning ordinances and the Comprehensive Plan. Kebschull noted, the Airport Commission determined the intended use complies with the Airport Master Plan. MOTION: Commissioner Eldridge MOVED the Planning & Zoning Commission reviewed the lease application and found the intended use of the property is in compliance with the zoning ordinances, Airport Master Plan and the City's Comprehensive Plan and recommends approval. Commissioner Amen SECONDED the motion. There were no public comments. VOTE: There were no objections. SO ORDERED. ITEM 8: PENDING ITEMS -- None. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10 • REPORTS 10-a. City Council -- Council Member Moore noted the action agenda of the City Council's November 3 meeting was included in the packet, council appointed Jim Butler to the vacant council seat, and, council passed the ordinance relating to recreational vehicles. 10-b. Borough Planning -- Bryson noted a copy of the meeting agenda was included in the packet. He gave a brief review of actions taken at the meeting. YO-c. Administration -- Kebschull reported the following: • She has received a request for the Commission roster to be placed on the PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 3 city's webpage and asked the Commission to inform her of any information they did not want to have included on the webpage. A discussion followed regarding ex parte contact and whether the information placed on line would prompt additional concerns to that regard. After the general discussion, Kebschull stated she would forward information related to ex pane contacts for the members to review. • Noted for Commission's consideration, most home occupation permits approved in the past have been for day cares caring for family members (grandparents caring for grandchildren, etc.) which requires a state license. Kebschull noted, the Commission may want to consider amending the code to remove the requirement for home occupation permits when family members are caring for their relatives. ITEM ].1: PERSONS PRESENT NOT SCHEDULED DeWayne Craig, 406 South Forest Drive Verbatim begins: Craig: I just had a few comments to make. After reading the minutes, I wanted to comment about a couple things. First off, back in '82 when I built my four-plex, Dr. Bailey's house was right next door and my place was built 15 feet in front. So I think it's very obvious that the building inspector and myself agreed that the building could be 15 feet in front cause you've got, you've got ten buildings there all lined up, 20 feet from the property line and so I, I don't see how anybody could interrupt that I, that I made a mistake. I didn't make a mistake, I deliberately put the building there with the concurrence of the building inspector at the time. And then, Councilman Amen made some statements that I'd like to talk to. He said, someone has requested variance after variance basically stepping outside the intent of the code. I've made, I've asked for one variance in the last 22 years. Nowhere close to being variances and variances. Bryson: Okay, as chairman, you need to speak to me. Yes. Thank you. Craig: Do I have to Iook at you too? Bryson: I don't know. You don't have to, no. Craig: Okay. You called me on that the other day too. Anyway, there's been one variance in 22 years. The other thing, I've had one encroachment that I've had to take care of in 22 years. In that encroachment, or that happened July 19, 2002 was when that encroachment was taken care of but two years or so before that, I guess it was more than two years, the 22~d of August, 1998, Ihad an as-built built showing that encroachment, or showing where the building was. 11-$-00, there was a final inspection done. This is the final inspection that was done and it shows no non- PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE ~+ compliance observed. July 19, 2002, some time before that I was told that 1 had an encroachment and so a few years after the building was built, I had the encroachment taken care of. I've had one encroachment taken care of in the last 22 years, other than the one that was built in 1982 and that encroachment, Councilman Bryson, got really upset with me because when I asked for this encroachment, I was told by the building, by the building people that I couldn't ask for the variance for the next building that I wanted to do at the same time that I had to get this encroachment taken care of before I could ask for the variance and I never did understand what your question was Mr., Councilman Bryson, about why you were so upset with me for not taking care of them both at the same time. You asked me a question and I guess I didn't understand it. But anyway, I was doing what I was told to do, separate them, get the encroachment taken care of and then ask for a variance. And I did that and the variance was denied. Sa, Mister, Councilman Bryson, I would like to know what Mr. Amen is talking to when he talks about the two-story building is actually athree-story building. I don't understand that and if he can answer that after I'm done I'd appreciate it. And then, the statement says that ixi the past there's been some false statements made and if I'd lied to the council about something, I would like to be able to ask that or answer those questions too. I don't believe that I have. And, as far as playing games, you know, in my situation there's been a lot of give and take. I've asked for and been turned down or this, that and the other thing's happened, but I thought that's what you were supposed to do if you had a disagreement or if something wasn't going right that you could ask and come to the council to see if you can get something done and if you can't, then you couldn't get it done. But, you know, I've had one variance and one encroachment taken care of in the last 22, well since 82, so about 22 years. Bryson: Ah, are there any comments from commissioners? Concerning the... Craig: So, am I going to be able to find out about the two stony thing? Bryson: Ah... Craig: And I am talking to you... Bryson: Pardon? Craig: And I am talking to you... Amen: Do you need me to explain my statement or my reasoning? Bryson: Okay, explain, to his comment... Last meeting I was not the chairman, this meeting I am the chairman that's why I referred to Mr. Glick. PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 5 Craig: I know. Bryson: You're comments are just being received and whether people want to respond to them at this time is up to them. Amen: I'd be more than happy to respond, especially the two story as indicated on the plat or map or three-story, so... Craig: Which building are you talking about? Amen: The three-story one... Craig: I've got two three-story buildings. Amen: Here's the garage on the bottom story and then two more stories on top of that. Craig: Well, if you check the building permit, when that building permit was applied for, it was applied for as athree-story. Amen: Okay, well, and my comment was that the map showed, the plot showed, it was labeled as a two story. Craig: That's the surveyor's fault. That's not my fault. Amen: I appreciate you clarifying that. Bryson: I believe one of the encroachments was created when you failed to get a building permit when you modified the garage complex to a second story and it became a living area, isn't that... Craig: That's not quite the way it happened. That's what's been told. What happened was, in my viewpoint, is that when I applied for it, I applied for it as a garage, that's correct and the building permit said garage for the whole time. It said garage. But, I had that, those two story, the second story was a bedroom and I was, and the building inspector knew it was a bedroom, he made me put an ingress window in there. He made me put two sheets of plywood underneath it. He made me put a wall in and atwo-hour or one-hour burn door in there. So, he knew it was a garage and I was parking my garage, my car in there so it was a garage the whole time till I changed it over. But I was living, I had living quarters in it. I was staying in the bedroom and I explained the last time, one other time, i was trying to be gone eight months, nine months out of the year and I was going to stay there a couple months out of the year and it ended up I was staying a lot longer so I converted it to a, converted it. And when I converted it, was May, well the final inspection was done PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 6 11/8/00, that was when the final inspection was done of the garage, and then at some, I don't know, I have the information when I converted it, but for over two years, three years, the garage was there and the bedroom was above and the building inspector knew it the whole time and then after I converted it, it was like a month later that I was told that I had an encroachment. Not even when I, not even after I, not even when I converted it was I told that I had an encroachment. It was, it was like a month difference in there. Now what was your question now that... Bryson: You're saying, well, this wasn't the question I asked, but you're saying that you were allowed to construct the building to anon-conforming use 20 feet from the property line instead of the required 25? Craig: No, you're allowed to put a garage into... Bryson: Right, not a living area. Craig: No, and I didn't know that. I had no clue and I don't know and I don't think the building inspector realized it or he didn't catch it for some reason or other. ] don't know. I don't think he allowed me to do it on purpose, but for some reason he didn't catch it. It was there far three years and he knew it was a bedroom and then I got it, I got it converted and then after I got it converted, then I was told a month later that I had an encroachment and I didn't have a clue the whole time that anything was wrong, but I would have been told ahead of time when I was constructing it, or some time in those three years, I could probably, according to Marilyn, I could have put an outside entrance in it and made that four feet into a storage area or something and moved my bedroom back and I would have been okay. I would have been glad to do that, but I didn't know that and the building inspector didn't tell me until, you know, it was like, four years. Maybe three years or something. Bryson: Okay. Are there any other comments from the commission? Do you have any other comments you want to make? Craig: Ah, is there any way to find out, if that, what false statements I made? Bryson: Ah... Craig: That's okay. That's kind of a tough one, I think. Bryson: A little too hypothetical for me... Craig: I'm just going by what's in the minutes. It says that I made false statements and, you know, it's pretty bad when someone tells you that and they know, they can't say it to you when, when I'm up here to answer the question. They have to say it afterwards. PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 7 Amen: I, I'll respond to that. It was pointed toward me. What I recalled was, during past meetings you mentioned your next door neighbor, Dr. Bailey, is that his name? Craig: Yes. Amen: Okay, didn't have any problem at all with what you were doing. And then I found out subsequent to that, that he really did have an issue with what you were doing next door. Craig: I said Dr. Bailey never had a problem with what i was doing? Amen: During ah, the 2002 meeting you had mentioned that your next-door neighbor, Dr. Bailey, really didn't have any problem with what was going on... Craig: I don't believe I said that. I'd have to look back and see. Amen: Maybe it was a misunderstanding on my part, but that's what I remember. Craig: Okay, if i said that, you know, Dr. Bailey, we don't need to discuss that... Amen: ...inaudible.. . Craig: ...but if I said that, I don't remember it and you know, Dr. Bailey and I have basically gotten along really good the whole time... Amen: Well, that's exactly what I was ....inaudible... Iappreciate you bringing it up. Craig: Okay. Bryson: Okay, that completes... Craig: Thank you, I appreciate your taking the time to listen to rne. Bryson: Thank you. End of verbatim. ITEM 12: INFORMATION ITEMS --- None. ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None. ITEM I,4: ADJOURNMENT j PLANNING & ZONING COMMISSION MEETING NOVEMBER l0, 2004 PAGE $ MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:35 p.m, Minutes transcryyibed and prepaxed by: _~~ e`~~~ Carol L. Freas, City Clerk ~~ PLANNING & ZONING COMMISSION MEETING NOVEMBER 10, 2004 PAGE 9