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HomeMy WebLinkAbout2005-05-11 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2005 - 7:00 p.m. 1. CALL TO ORDER: a. RoII 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 27, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. FZOS-21 - A resolution of the Kenai Planning & Zoning Commission recommending to the Council of the City of Kenai, the renaming of an existing street. Resolution recommends renaming of Bluebell Lane to Yarrow Lane to eliminate a duplicate street name as part of the 911 Street Naming and Addressing Project. b. PZOS-22-An application for a variance permit to build 4-foot into the required 30-foot rear setback for the property known as $170 Kenai Spur Highway (Government Lot 21), Kenai, Alaska. Application submitted by Kenai Seventh Day Adventist Church, P.O. Bax 1529, Kenai, Alaska. c. PZ05-23 - An application for an encroachment permit for front, side, and rear setbacks for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Korners Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. d. PZOS-24 -- An application for a variance for lot coverage for the property known as 313 Kulila Place {Lot 1 i, Block 2, Kaknu Korners Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. e. PZOS-25 - An application for an encroachment permit for a side setback for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. f. PZOS-26 - An application to amend Conditional Use Permit PZ96-9 from lodging to hotel for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Review and approval of permanent improvements to Lot 5, Block 1, Gusty Subdivision, Addition #1, Patrick Doyle, lessee. b. Consents to Assignments {Robert Bielefeld to Kenai Aviation Leasing Company, LLC) and Consents to Subleases (Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc.) -Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron - Review and Approval. 8. 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 HammeIman, 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" -April 25, 2005 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: J CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCIL CHAMBERS MAY 11, 2005 - 7:00 P.M. CHAIR JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge, N. Amen Others Present: Council Member Rick Ross, City Planner Kebschull, Temporary Secretary Kari Mohn, and Contract Secretary B. Roper; Guests: Five students from Kenai Central High School 1-b. Agenda Approval Chair Hammelman requested the following item be added to the packet of information: ADD: 12b, KPB Resolution Granting Approval of a Conditional Use Permit to the City of Kenai to Construct an Expansion to a Public Boat Launch within the Kenai River. MOTION: Commissioner Barrett MOVED to approve the agenda adding the lay down items provided before the meeting. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. I-c. Consent Agenda MOTION: Commissioner Amen MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ~) ITEM 4: CONSIDERATION OF PLATS -None. ITEM 5: PUBLIC HEARINGS 5-a. PZ05-21 - A resolution of the Kenai Planning & Zoning Commission recommending to the Council of the City of Kenai, the renaming of an existing street. Resolution recommends renaming of Bluebell Lane to Yarrow Lane to eliminate a duplicate street name as part of the 911 Street Naming and Addressing Project. Kebschull reported the following: • Two individuals from the Wilson family expressed disapproval via email regarding the street name change and requested the name remain the same or if necessary change it to Iona Lane in honor of a family member who homesteaded there. • The City of Kenai is not required to change street names for the Borough wide 9l I enhancement efforts. • When notified regarding the name Iona Lane, the Borough stated there was another street in a different area with a similar name. Hammelman opened the public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-21 and Commissioner Amen SECONDED the motion. Eldridge reiterated his desire to leave the street name as is. VOTE: Barrett No Glick No Hamrnelman No B son No Twait No Eldrid e No Amen No MOTION FAILED UNANIMOUSLY. 5-b. PZ05-22 -- An application for a variance permit to build 4-foot into the required 30-foot rear setback for the property known as S 170 Kenai Spur Highway (Government Lot 2I), Kenai, Alaska. Application submitted by Kenai Seventh Day Adventist Church, P.O. Box 1529, Kenai, Alaska. Kebschull noted the following: • The requested variance appeared to meet the requirements of the Kenai PLANNING & ZONING COMMISSION MEETING MAY I1, 2005 PAGE 2 -~ Municipal Code. • The additional setback requirements for churches were intended to allow for development within residential zones but to maintain the density, separation requirements of the residential zones. • It appeared the four foot variance would not violate the integrity of the residential zone. Staff recommended approval. Hammelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-22 and Commissioner Barrett SECONDED the motion. Eldridge asked if there were any structures on the adjacent lots and Kebschull confirmed there was on one lot. VOTE: Barrett Yes Glick Yes Harnmelman Yes B son Yes Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. 5-c. PZ05-23 -- An application for an encroachment permit for front, side, and rear setbacks far the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Korners Subdivision), Kenai, Alaska. Application submitted by Brian 8a Jolynn Young, 313 Kulila Place, Kenai, Alaska. Kebschull noted the following: • The home was constructed over 20 years ago. • It was not known why the encroachments were not noticed previously. • There had been no complaints due to the placement of the residence on the lot. • The Borough granted a utility easement vacation. • The application met the criteria for an encroachment and staff recommended approval. Hammelman opened public hearing. There being no comment, the public hearing was PLANNING $v ZONING COMMISSION MEETING MAY 11, 2005 PAGE 3 1 closed. MOTION: Commissioner Bryson MOVED to approve PZ05-23 and Commissioner Amen SECONDED the motion. Bryson stated the item was not addressed in the building permit and he felt it was appropriate to approve the request. VOTE: Barrett Yes Glick Yes Hammelrnan Yes B son Yes Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process and Kebschull explained what an encroachment was to the visiting students. 5-d. PZ05-24 -- An application for a variance for lot coverage for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Korners Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. Kebschull noted the follouring: • Staff recommends the variance for lot coverage be granted. • The original building permit when issued allowed the violation of the lot coverage requirement. • The house was constructed over 20 years ago and there have been no complaints on the location of the house on the lot. • The applicant owns the adjoining Lot 10 and may want to consider combining Lots 10 and 11 to eliminate the lot coverage issue and side encroachment. Ham.melman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-2~F and Commissioner Amen SECONDED the motion. VOTE: PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 4 1 Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. 5-e. PZ05-25 -- An application for an encroachment permit for a side setback for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3}, Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. Kebschull noted the following: • The garage was constructed almost 20 years ago and it was unclear why the encroachment wasn't discovered during construction. • There have been no complaints as to the structure's location. • It appears reasonable to allow the structure to remain at its current location. • The requested encroachment met the criteria to grant the permit and staff recommended approval with the requirement that the Building Official inspect the building to insure it met the fire code. Hammelman opened the public hearing. There being no comment, the public hearing was closed. Barrett noted there were two different numbers; the staff reported references PZ05-25 and the actual resolution was PZ05-26. Kebschull clarified there were two issues for the same applicant. MOTION: Commissioner Barrett MOVED to approve PZO5-25 including staff requirements and Commissioner Eldridge SECONDED the motion. Kebschull confirmed the structure was one story, noted the applicant was present if there were any questions, and the structure was 1-1 / 2 feet away from the property line and had been there since 1987. Eldridge asked if the encroachment would be resolved if Angler Drive was zoned commercial. Kebschull stated if it met the fire code it would resolve it, however, all past discussions had been to rezone the area recreation and which includes side setback requirements. Eldridge asked if there were any complaints from neighbors and Kebschull reported PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 5 there had been no feedback from the public notice. Amen noted the description indicated the structure was inspected and asked if that did not include the location as well. Kebschull stated, at the time it appeared an as-built was not required or anything to verify the property lines. Amen asked if a City official went out and looked at the structure and Kebschull replied she reviewed the building permit and the two inspections were noted. Bryson stated there had been a period in which the City required as-builts be performed for commercial property but he was unsure if they did for residential properties. However, in all fairness, the building inspector would have no way of ascertaining an encroachment unless he stretched a line over the length or depth of the property. Kebschull added, the City was now doing that and the Code was amended to remove the requirement for as-builts unless the building official cannot be certain by stretching a line that there is an encroachment. VOTE: Barrett Yes Glick Yes Hammelman Yes B san Yes Twait Yes Eldrid e Yes Amen No MOTION PASSED. Hammelman explained the 15-day appeal process. 5-f. PZ05-26 -- An application to amend Conditional Use Permit PZ9b-9 from lodging to hotel for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. Kebschull noted the following: • The application to amend the Conditional Use Permit from lodging to hotel appeared to meet the Kenai Municipal Code requirements. • Similar businesses were also located on Angler Drive. • This business had operated from this location since 1988 and modifying it to add two additional rooms should not adversely affect the neighboring properties. • Staff recommended approval. Hammelman opened public hearing. There being no comment, the public hearing was closed. MOTION: Commissioner Barrett MOVED to approve PZ05-26 and Commissioner Twait PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 6 ~) SECONDED the motion. VOTE: Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. Hammelman explained the 15-day appeal process. ITEM 6: OLD BUSINESS -- None. ITEM ?: NEW BUSINESS 7-a. Review/Approval -- Permanent improvements to Lot 5, Block 1, Gusty Subdivision, Addition # 1, Patrick Doyle, lessee. Kebschull noted the following: • Mr. Doyle's lease required a plan be submitted to the Planning 8s Zoning Commission prior to adding permanent improvements to the parcel. • The proposed additions to the car wash include a Iube/oil rack and an additional self-service wash station. • These are permitted uses in the General Commercial zone. MOTION: Commissioner Glick MOVED to approve the proposed addition and Gornmissioner Amen SECONDED the motion. Bryson abstained from voting as his firm provided drafting and engineering services to Mr. Doyle. VOTE: Barrett Yes Glick Yes Hamrnelman Yes B son Abstain Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. ?-b. Review/Approval -- Consents to Assignments (Robert Bielefeld to Kenai Aviation Leasing Company, LLC) and Consents to Subleases (Kenai PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE 7 Aviation Leasing Company LLC to Kenai Aviation, Inc.) -Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron Kebschull noted the following: • Mr. Bielefeld was requesting approval to assign the leases to Kenai Aviation Leasing Company, LLC and subsequently sublease to Kenai Aviation, Inc. The leases stated the lessee may not assign nor sublease without the written consent of the City. • The Planning & Zoning Commission was asked to make recommendations to the City Council. MOTION: Commissioner Bryson MOVED to approve the petition to assign the leases and sublease as requested and Commissioner Amen SECONDED the motion. VOTE: Barrett Yes Glick Yes Hammelman Yes B son Yes Twait Yes Eldrid e Yes Amen Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8-a. PZ05-16 - 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.) Kebschull stated the Airport Commission will meet again on May 12, 2005 at 6:00 p.m. ITEM 9: CODE ENFORCEMENT -- None. ITEM 10• REPORTS 10-a. City Council -Councilman Ross provided a reported based on actions taken at the May 4, 2005 City Council meeting. 10-b. Borough Planning -- Commissioner Bryson provided a report on action PLANNING & ZONING COMMISSION MEETING MAY 11, 2005 PAGE $ 1 taken at the May 9, 2005 Borough Planning meeting. 10-c. Administration -Kebschull reported the following: • She would not be in attendance at the next meeting. • An error in the Land Use Map in the Comprehensive Plan was noted and she would talk to the City Attorney to determine how to correct it. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. "Zoning Bulletin" -April 25, 2005 ITEM 13 : COMMISSION COMMENTS & QUESTIONS Cornrnissianner Eldridge stated he would not be available for the Airport meeting and asked that a report be provided. Kebschull stated no minutes are taken at these meetings, however, she would attend and provide a report. Commissianer Amen thanked staff for the information provided in the packet. Chairman Hammelman announced he would not be present at the June 8th meeting. ITEM 14: ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 7:46 p.m, Minutes transcribed and prepared by: Barbara Roper, C n ract ecretary PLANNING 8s ZONING COMMISSION MEETING MAY 11, 2005 PAGE 9