HomeMy WebLinkAbout2005-08-24 Planning & Zoning MinutesCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 24, 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. *August 10, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZOS-52 -Preliminary Plat -ROW Easement Vacation {Associated with Government
Lots 94 & 105 located within the SE1/4 Section 34, T6N, R11W). Plat submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
S. PUBLIC HEARINGS:
a. PZO5-51 -- An application for a Variance Permit far a 17-foot rear yard setback variance
far the property defined as Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4
(1541 Stellar Drive), Kenai, Alaska. Application submitted by Daniel Greene, P.O. Box
2563, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
$. 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" {7125/05}
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
l CITY OF KENAI
1 PLANNING 8a ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
AUGUST 24, 2005 - T:00 P.M.
CHAIR JOHN HAMMELMAN, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chair Hammelman called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners present: J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B.
Eldridge, N. Amen
Commissioners absent: None
Others present: Council Member R. Ross, City Planner M. Kebschull, City
Clerk C. Freas
1-b. Agenda Approval
MOTION:
Commissioner Amen, MOVED to approve the agenda as presented and requested
UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no
objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Glick MOVED for approval of 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 -- August 10, 2005
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENfi -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ05-52 -- Preliminary Plat/ROW Easement Vacation (Associated with
Government Lots 94 & 105 located within the SE1/4 Section 34, T6N,
R11W). Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway,
Kenai, Alaska.
City Planner Kebschull reviewed the staff report included in the packet, noting:
• The plat would vacate a 33-foot right-of--way easement and replace it with
a 30-foot utility easement.
• A gully running along the back sides of the parcels would make the
future expansion of Kiana Lane unlikely.
+ The properties are zoned rural residential and water and sewer are
available.
• An installation agreement will not be required.
• The utility easement may be needed for a water line extension.
• The city would like the easement.
• Staff has no objection to the plat with the recommendation added to
correct the spelling of the street from "Kianna Street" to "Kiana Lane."
MOTION:
Commissioner Eldridge MOVED for approval of Resolution PZ05-52 with the
recommendation of staff included. Commissioner Bryson SECONDED the motion.
A brief discussion followed in which Kebschull noted the location of the properties;
Kiana Lane parallels Aliak Street; there are no plans far extending Kiana to the
highway due to gullies in the area and to do it would be very costly.
VOTE:
Barrett Yes Glick Yes Hammelrnan Yes
B son Yes Twait Yes Eldrid a Yes
Arnen Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ05-51 -- An application for a Variance Permit fora 17-foot rear yard
setback variance for the property defined as Lot 40, Block 4, Redoubt
Terrace Subdivision Addition 4 (1541 Stellar Drive), Kenai, Alaska.
Application submitted by Daniel Greene, P.O. Bax 2563, Kenai, Alaska.
Kebschull reviewed the staff report included in the packet, noting:
• The application was fora 17' rear setback variance to construct a 240 sq.
ft. shed in the back yard.
• The applicants are trying to work within the constraints of the location of
the house, trees, and landscaping.
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 2
l • It does not appear there are special conditions or special circumstances
1 involved that are not applicable to other properties in the area.
• It is an accessory structure and would meet the guidelines far granting of
the variance.
• Because it is a 17 ft. variance requested, it is not believed it is a
minimum variance to provide reasonable use of the structure or the land.
• The applicant provided pictures to indicate there are other similar
structures in the neighborhood, however it is noted in the code a variance shall not be
based on other non-conforming land uses.
• Because it appears the application did not meet the criteria for a
variance, staff recommended denial.
Commissioner Arnen requested to be excused from the dais for the discussion and
voting on the issue due to being a neighbor of the applicant and wanting to speak to
the issue as a member of the public. Chair Hammelman had no objections to the
request and excused Amen from the dais for the issue. Amen moved to the audience.
Harnmelman opened the floor to public hearing.
Jackie Greene, 1541 Stellar Drive, Kenai -- Ms. Greene noted the following:
• She provided pictures indicating their planned location of the cold-
storage shed.
• They applied for a variance in order to accommodate the 20' variance and
setbacks required and to eliminate removing the mature trees in the back yaxd -- an
expense that would far outweigh the need for the shed.
• Without the variance, the shed would have to be placed in the middle of
the yard and it would be we feet from their home.
• She believes there would be added privacy with the shed being placed
adjacent to the neighbor's fence.
• The want to build the shed at the size noted to accommodate storage of
their canoe as well as other belongings.
Commissioner Bryson noted an inconsistency with the dimensions indicated on the
drawing included in the packet.
Brands Pennison, 1539 Stellar -- Noted the location of her home to the Greene
property and stated she has no objection to the placement of the shed.
Nelson Amen, 1508 Toyon Way -- Amen explained the following:
• His home shares the back fence line with the Greene property and may
be most affected by the Greene proposal.
• Most of the homes in the neighborhood have a storage shed in the back
yards and adding another is not a big issue.
• He supports the argument to not cut the trees down.
• He would not object to the shed being three feet away from the common
fence line.
• Referring to the comment about reasonable use, he believed not granting
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 3
the variance and still placing a shed on the property would cut up the back yard. He
added, he believed it would be a reasonable use.
• He did not believe placing the shed as requested would affect property
values.
• He has two storage sheds in his yard.
There being no one else wanting to speak, Hammelman closed the public hearing.
MOTION:
Commissioner Eldridge MOVED for approval of Resolution PZ05-51, an application for
a Variance Permit fora 17-foot rear yard setback variance for the property defined as
Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4, 1541 Stellar Drive, Kenai.
Commissioner Twait SECONDED the motion.
Bryson noted the dimension shown on the plat should be approximately 34 feet
instead of 32 feet.
Harnmelman asked if it would be acceptable if the storage shed were placed on a skid.
Kebschull answered no and added, a lot of the structures were built without building
permits and aneight-foot fence would require a building permit.
VOTE:
Barrett No Glick No Hammelman Yes
B son Yes 1~vait Yes Eldrid e Yes
Armen Abstained
MOTION PASSED.
Harnmelrnan explained the appeal process.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS -- None.
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 Hamrnelrnan, Chair, Planning 8v Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by
Administration.)
ITEM 9: CODE ENFORCEMENT -- None.
PLANNING 8v ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 4
ITEM 10: REPORTS
10-a. City Council -- Council Member Ross noted the action agenda from the
August 17, 2005 council meeting was included in the packet. A brief discussion took
place relating to council's approval to proceed with an ordinance to consider selling
wetland property to The Conservation F~.ind. He noted, the ordinance would receive
two public hearings and the meeting summary of the Harbor Commission and minutes
of the Planning & Zoning Commission discussions were included with the information
forwarded to council.
10-b. Borough Planning -- Commissioner Bryson gave a brief report based on
actions taken at the August 22, 2005 Borough Planning Commission.
10-c. Administration -- Kebschull noted the following:
• The next Airport Commission work session would be held an Thursday,
August 25, 2005.
• The August 31, 2005 date for holding a Planning & Zoning Commission
work session was approved. The work session will begin at 7:00 p.m. in the Council
Chambers.
• The cancellation of the Commission's second meetings in November and
December were approved.
• At its Strategic Planning Session held on August 20, the Council
requested the Commission review the landscaping ordinance, looking at all zones and
make recommendations for changes.
• Council set a Board of Adjustment hearing for September 7, 2005 at 6:00
p.rn. in the matter of the Jay 8s Williams Snow appeal.
• Council held a Board of Adjustment hearing in the matter of the Doyle
conditional use permit for excavation (filed by J. Krein).
• Clarified, when considering "reasonable use" of a property, the principal
permitted use is reviewed. If someone has a home on a residential lot, they have been
given reasonable use of the lot.
ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEMS
11-a. "Zoning Bulletin" (7/25/05)
ITEM 13: COMMISSION COMMENTS 8a QUESTIONS
Commissioner Amen thanked the Commission far considering his neighbor's request
far the variance. He added, he would have been satisfied with the Commission's
determination whether they approved it or not.
Commissioner Barrett reported he would be out of town for the next three or four
weeks and will miss Commission meetings. He reported he spoke to Mayor Porter
PLANNING & ZONING COMMISSION MEETING
AUGUST 24, 2005
PAGE 5
about the issue and would write a letter explaining the absence. Barrett added, he
would return for the second xneeting in September.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED for adjournment and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:30 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING $v ZONING COMMISSION MEETING
AUGUST 24, 2005
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