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HomeMy WebLinkAbout2005-04-27 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Apri127, 2005 - 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. *April 13, 2005 3. SCHEDULED PUBLIC COMMENT: 4, CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZOS-13 - An application for an Encroachment Permit for an 11-foot side yard encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View Subdivision (130$ Barabara Drive), Kenai, Alaska. Application submitted by Greg & Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska. b. PZOS-17 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to add a definition for "Iot coverage." c. PZOS-18 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska supporting passage of an amendment to the defnition of "parking space, private" in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine {9} feet wide. d. PZ05-19 - An application for a Conditional Use Permit to operate a seasonal coffee kiosk for the property located at 4905 Silver Salmon Drive (KN TOSN R10W 507 PTN N1/2 NE1/4 & GLS 1 & 9 & SE1/4 NE1/4 LYING WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska. 6. OLD BUSINESS: 1 7. NEW BUSINESS: a. *PZOS-20 - An application. far a Home Occupation Permit for a daycare for the property known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court, Kenai, Alaska. S. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration.) 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -March 25, 2005 b. State of Alaska RCMP Review -Kenai River Mile 3.5, Mooring Buoy (Gillies) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS APRIL 27, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hamrnelman called the meeting to order at 7:00 p.rn. 1-a. Roll Call Members Present: N. Amen, J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge Others Present: City Planner Kebschull and Contract Secretary B. Roper 1-b. Agenda Approval Chair Hammelman requested the fallowing items be added: } ADD TO: Item 5A, Aerial Photo Iterr~ 12C, KEDS Work Plan Itenn 12D, Kenai Municipal Airport Supplemental Planning Assessment Meeting Schedule MOTION: Commissioner Glick MOVED to approve the agenda adding the lay down items provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Arnen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 13, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. _) ITEM 4: CONSIDERATION OF PLATS -- None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-13 - An application for an Encroachment Permit for an 11-foot side yard encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View Subdivision (130$ Barabara Drive), Kenai, Alaska. Application, submitted by Greg & Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska. Kebschuil noted the following: • This was an application for an I 1-foot side lot encroachment and noted the comments included in the packet provided a history of the issue. • The encroachment was discovered last August by the Building Official and the property owner was notified that he needed to apply for a building permit. • When the application and the as-built were received, the encroachment was apparent and an updated as-built was required. • In October, after receiving the updated as-built, it was realized the structure was built in the easement and in such instances code does not allow processing the application. was granted in February and the encroachment application process began. • Staff believes, if this application was applied for as a variance, it would not have met the criteria and recommended the application be denied. • If the Commission decides to approve the application, there were other issues needing to be considered to include the property owner applying for a building permit for the carport. • Additionally, a shed on the lot was built without a building permit and it is crossing a lot line. • Staff recommended the encroachment permit not be granted until the shed is removed and the building permit is obtained. Chairman Harnmelman opened the public hearing. Greg Zorbas, 1308 Barabara Drive, Kenai, Alaska -- Mr. Zorbas noted the following: • He didn't begin the process with the adage of "build it first and then ask far forgiveness." • Stressed he didn't believe the structures required a building permit. • Provided a drawing depicting his property on an erasable board and noted it was not to scale. • Indicated his neighbor had no problem with the encroachment and also noted there were no written objections issued. • Stated he didn't know who set the parameters for lot sizes, but the lots in his subdivision are 100-feet wide and noted the reason for this was the person who had the section of land was able to get mare money with eight one-acre lots. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 2 • Stated the rural residential zone does not match with the subdivision especially if 15-feet is taken away for setbacks; that would only give him 70 feet to work with. • His house is 50-feet wide so he can't legally put a 12 x 12 shed next to his house because it would encroach into the setback. • Noted staff recommended the carport be put out by Barabara and pointed out on his drawing where his driveway and septic were located, stating the carport would have to go all the way out fronting Barabara. He expressed concern with his carport being close to Barabara because of a theft of his truck. • Showed and explained photographs of his property (Note: the photographs were not left as part of the records and stated he believed he maintained the integrity of the neighborhood and made every effort when building his house. • He pointed out the areas where he kept trees on his property and indicated he removed three trees to put up his carport, addung if it were to be relocated to front Barabara, he would be forced to remove 20 or 30 trees off his lot. • His property looks good, it doesn't bother his neighbors, and he believes the carport is better than a fence which would be very intrusive and non-rural. Commissioner Bryson asked if the structure was an open carport and if it was Mr. Zorbas' intent to maintain it as such with no wall construction. Mr. Zorbas replied that it was. Commissioner Barrett, reviewing the aerial photograph, asked if looking toward the house from the road if the white building was his neighbor. Mr. Zorbas confirmed that it was. Bryson asked that no other structure construction be permitted on the side setback unless it conformed to the zoning, adding the setback itself is not proposed to be eliminated so it would still exist. Zorbas stated, he believed his home is skewed the wrong way; noting the lots run on a diagonal and when the house was built it was supposed to be set the same way, however he just noticed the house sits as he had drawn it on the board. Zorbas added, he believed only one corner of the shed is encroaching, not the five feet noted. Zorbas stated he would move the shed if necessary, but he would need both the shed and carport in the 15-foot setback because there is no other room. Zorbas expressed his desire to not spend anymore funds to go through this process again. Public hearing was closed. MOTION: Commissioner Glick MOVED to approve PZ05-13 including the three items recommended by staff. Commission Eldridge SECONDED the motion. PLANNING 8s ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 3 _l Bryson stated, cox~:ceptually he supports the proposal concerning the carport if it 1 remains an open structure, but he was Iess comfortable with the shed, adding because it is portable, it could be relocated. Eldridge noted the lots are very small and from the aerial photo, the structure was right on the property line and not on top of another house or structure. Commissioner Amen asked what the square footage should be to require a building permit and Kebschull replied, 120 sq. feet. Amen stated the owner had to know the size of the property when he purchased it. Bryson offered a motion to amend to remove the shed and requiring it to be relocated to a conforming area, however when it was noted that requirement was included in the main motion, he withdrew his motion. Kebschull noted for the record Bryson's concern about adding on to the carport and the application was for a permit for an 11-foot encroachment, which would not Iimit Zorbas from enclosing the structure unless there is an amendment to say the structure must remain a carport. MOTION TO AMEND: Commissioner Bryson MOVED to amend the main motion to require that no additional construction be performed on the carport that would modify it to a walled structure. Commissioner Glick SECONDED the motion. VOTE ON MOTION TO AMEND: Amen Yes Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e No MOTION PASSED. Amen asked haw difficult it would be to monitor and enforce as the years go by. Bryson acknowledged the adjacent property owner had not responded negatively in writing to the proposal. VOTE ON MAIN AMENDED MOTION: Amen No Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes MOTION PASSED. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 4 Hammelman explained the 15-day appeal process. 5-b. PZ05-X7 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to add a definition for "lot coverage." Kebschull explained the proposed resolution would clean up the code by defining lot coverage in the Development Requirements Table. Chairman Hammelrnan opened the public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-17 and Commissioner Bryson SECONDED the motion. Amen asked i.f anon-permanent structure would bean 10 x 12 storage shed. It was confirmed that was correct. Amen asked if this would allow one to install ten of the sheds on their property anal Kebschull replied it would. Hammelman asked if there was a limit on the number of structures and Kebschull responded, all of the sections of the code that determine lot coverage would be considered. Kebschull added, the 120 sq. ft. is referred to in the code. VOTE: Amen Yes Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eidrid a Yes MOTION PASSED UNANIMOUSLY. 5-c. PZ05-18 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska supporting passage of an amendment to the def nition of "parking space, private" in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine (9) feet wide. Kebschull explained, the proposed amendment to the code would further define what a private parking space is and to exclude using garages as part of the two required parking spaces for residential homes. Kebschull noted the resolution also included the Commission's recommendation the spaces be nine feet wide. Hammelman opened the public hearing. There being no comments, the public hearing was closed. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 5 Eldridge noted there were several public places that may not rrzeet the new definition and Kebschull responded, the new requirement would come into play if a use changed or for new construction. VOTE: Amen Yes Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid a Yes MOTION PASSED UNANIMOUSLY. 5-d. PZ05-19 -- An application for a Conditional Use Permit to operate a seasonal coffee kiosk for the property located at 4905 Silver Salmon Drive (KN TOSN R10W S07 PTN N1/2 NE1/4 & GLS 1 & 9 & SE1/4 NE 1 /4 LYING WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska. Kebschull explained the application and noted staff recommended approval. Hammelman opened the public hearing. Leslie Hall, dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska -- Ms. Hall explained the kiosk would be located on her son's property and gave an overview of her business plan. Hall noted the business would be seasonal. There were no further comments, and the public hearing was closed. Bryson asked if a dumpster could be located in the area rather than hauling trash every day and Hall replied, the decision to not put a dumpster in was because anglers would be tempted to put their fish waste in them, which would be more attractive to bears, etc. MOTION: Commissioner Eldridge MOVED to approve PZOS-19 including staff recommendations items 1 through 4 and Commissioner Amen SECONDED the motion. Bryson noted the location was ideal for such a business. Amen asked what happened to the conditional use permit when the business ceases and Kebschull explained, the permit would be revoked if business ceased far 12 consecutive months. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 6 1 VOTE: Amen Yes Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None. ITEM 7: NEOfT BUSINESS 7-a. *PZ05-20 - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS 8-a. PZ05-lfi -- An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by Administration. ) Kebschull stated the Airport Commission. had several meetings planned, and it was doubtful there would be any input from them until late summer. Eldridge referred to the KEDS Work Plan he provided prior to the meeting and suggested a work session be scheduled to review it as well as the Airport Commission plans. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10: REPORTS IO-a. City Council -- No report. i0-b. Borough Planning -- Commissioner Bryson provided a report on actions taken at the April 25, 2005 Borough Planning meeting which was held in Homer. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 7 } 10-c. Administration -- Kebschull reported the following; • She reviewed the Borough's Comprehensive Plan for the City and noted the section on erosion did not include the City of Kenai's bluff erosion problem. • Reminded the Commission the aerial drawings are shifted with parcel lines and can only be used as a general tool. She reiterated, the drawings were not at all specific and noted the dwelling next to the Zorbas lot is almost centered in their lot, not close to the property line as the drawing depicts. Kebschull asked the Commission to keep that in mind when reviewing the aerials. • Referring to PZ05-13, noted the lots are long and thin, however, that lot meets and exceeds the minimum lot size in a rural residential zone and if 90-feet is not wide enough, then perhaps it should be changed. • The last airport meeting was not a typical meeting but the future meetings should be more informative. It was noted the next meeting is scheduled for May 12 at 5:00 p.m. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" -March 25, 2005 12-b. State of Alaska ACMP Review -Kenai River Mile 3.5, Mooring Buoy (Gillies ITEM 13: COMMISSION COMMENTS & QUESTIONS Coraraissionner Eldridge stated the KED's Work Plan provided is the final draft and it had been presented to City Council. Eldridge suggested the Commission schedule a work session after the Maq 25th regular meeting. Kebschull reported she would not be present at that meeting and there would be a temporary clerk attending, and suggested another date would better. Eldridge suggested the first meeting in June and Kebschull advised no action by the Commission should be taken on the KEDS Work Plan until it was approved or accepted by City Council. Hammelman requested the item be put on the agenda far the June 8th meeting to be discussed at that time. Kebschull asked if the Commission would check their schedules to determine if there would be a quorum for the May 25~ meeting. She added, if there would not be, there would be time to request the meeting be cancelled. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE S The meeting adjourned at approximately 8:00 p.m. Minutes transcribed and prepared by: Barbara Raper, n act Secretary PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 9