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