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HomeMy WebLinkAbout1991-06-26 P&Z Packetapproved RENAI PLANNING & ZONING COMMISSION ****June 26, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 12, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 91-20: Preliminary Plat - White Country Estates b. Resolution PZ 91-21: Home Occupation Permit - Deadbolts Lock & Key c. Application for Review of Development Townsite Historical Zoning District 6. NEW BUSINESS a. Assignment of Lease - Lot lA, Deshka Subdivision b. Time extension of Home Occupation Permit - Terry Stocker 7. OLD BUSINESS 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - June 19, 1991 2. KPB Planning Commission Agenda - June 17, 1991 3. COE Permit - Jerry Huf - Floating Dock 4. Petition to Vacate Spur View Drive and Senior Court rights-of way - KPB Planning Commission action 5. Who's Ryan - Memo from Howard Hackney 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT Next Meeting - July 10 1991 ****Work Session with Council - 8:00 - 10.00 p.m.**** Unapproved RENAI PLANNING & ZONING COMMISSION ****June 26, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 12, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 91-19: b. Resolution PZ 91-20: c. esolution PZ 91-21: 6. NEW USINE`SS ~~~ Preliminary Plat - White Country Estates Home Occupation Permit - Deadbolts Lock & Key 7. OLD BUSINESS 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. Kenai City Council Agenda - June , 1991 2. KPB Planning Commission Agenda - June , 1991 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT a. Comprehensive Plan - Work Session with Council RENAI PLANNING & ZONING COMMISSION June 12, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Bryson, Bannock, Rehm, Graveley, Councilman• Smalley Planning Staff: Hackney, Harvey 2. APPROVAL OF AGENDA Chairman Bryson asked that Ron Rainey be allowed to speak under 4. Persons Present Scheduled to be Heard Commissioner Graveley noted correction of date under Comprehensive Plan Review from April 26 to June 26. MOTION AND VOTE: Commissioner Bannock moved for approval of the agenda as amended, seconded by Commissioner Rehm. Passed by Unanimous Consent. 3. APPROVAL OF MINUTES - May 22, 1991 MOTION AND VOTE: Commissioner Graveley moved for approval of minutes. Commissioner Bannock seconded. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD Ron Rainey, representing Kenai Rotary Club and the Kenai Bicentennial Commission, came before the Commission to explain a project to establish signage in Old Towne. Signs would be placed on the following historical sites: Chamber Log cabin, Helen Jones home, Fort Kenay, Allan Petersen home,Fred Miller home, Interlock Moose Horn Club. These signs would be displayed on either the building or a sign post. The Commission had no opposition to these signs being placed in Old Towne. RENAI PLANNING & ZONING COMMISSION Page 2 June 12, 1991 5. PLANNING a. Resolution PZ 91-16: Liebersbach - Encroachment Permit MOTION: Commissioner Graveley moved approval of Resolution PZ 91-16, Commissioner Rehm seconded. PUBLIC HEARING: Rhonda Clayton, from Point of View Realty, said she was the listing agent for the property and the encroachment was needed to clean up the title before the sale of the duplex. VOTE: Passed unanimously. b. Res PZ 91-17: Conditional Use Permit (CUP) - Bemowski Bed & Breakfast PUBLIC HEARING: Jamie Bemowski, applicant, said that she wanted to open a Bed & Breakfast at her residence, 1607 Pine Avenue. Commissioner Graveley asked what the total square footage of the home was? Bemowski answered 1400 square feet. Commissioner Graveley said that he had driven by the home and wondered if there was adequate parking. Bemowski said they intended to expand the driveway to accommodate extra vehicles. MOTION AND VOTE: Commissioner Bannock moved approval of Res 91-17. Commissioner Graveley seconded. Passed unanimously. RENAI PLANNING & ZONING COMMISSION Page 3 June 12, 1991 c. Resolution PZ 91-18: Conditional Use Permit (CUPS - Day Care Center, Bertlina PUBLIC HEARING: Molly Bertling, owner of Molly's Wee Care, copies of three letters of support for her Commission. She also showed copies of her license to operate her day care. She said business for approximately one year and the needed a permit through the City. She had soon as she knew it was required. 313 Cindy Circle, gave day care to the State and Business she had operated the ~t she was unaware she applied for the CUP as Howard Hackney, Building Inspector said that this is a permitted use in the Suburban Residential zone. This is also the kind of business the city likes, one that operates and most people don't know it's there. MOTION AND VOTE: Commissioner Rehm moved approval of Resolution PZ 91-18. Graveley seconded. Passed unanimously. d. Resolution PZ 91-19: Replat Ellerman Subdivision #1 MOTION: Commissioner Rehm moved to approve Resolution PZ 91-19: Replat of Ellerman Subdivision Lot 50A and 50B. Commissioner Graveley seconded. Chairman Bryson noted staff comments that Cottonwood St. should be Spruce Street, also that a building exists on one lot, which was not shown on plat. Loretta Harvey, Planning Secretary, reported that an additional plat had been received since the Staff report which indicates the existing building. VOTE: Passed Unanimously. 6. NEW BUSINESS a. Possible Violation of Home Occupation Permit - Irene's Lodge RENAI PLANNING & ZONING COMMISSION Page 4 June 12, 1991 Harvey, reported that a concerned citizen had come into City Hall and asked that the situation at Irene's Lodge at 702 Lawton Drive, be investigated. The citizen said that there were boats parked at the site, and also campers, trailers and tents. The applicant asked what kind of permit Irene had for her operation. Harvey reviewed Irene's Home Occupation permit with the complainant and felt that under the original permit the referenced activities were not allowed. Howard Hackney, Building Inspector, reported that he had driven by the site and there did not appear to be any violation. There were cars, but not an excess of vehicles for the establishment. There were boats parked in the yard, but there is no ordinance preventing this activity. Commissioner Rehm, who lives near the lodge, said that Irene does keep one trailer in the yard which they use for overflow and they also put guests in tents, on occasion. Harvey noted the Home Occupation permit said the Lodge could only utilize 30% of the total floor space of the residence. Harvey did not feel a trailer would be included in that space. Commissioner Rehm said he couldn't remember the parking ever being a problem near the Lodge. Councilman Smalley said that this family also sport fish guides and some of the campers may be workers in their fishing operation. Chairman Bryson asked Hackney if he felt that the Home Occupation was being deviated from. Hackney said no. Commissioner Graveley said that the Commission should take into consideration the up keep of the business. The operation is always in good condition and enhances the neighborhood. Chairman Bryson said that due to Staff report no further action would be requested by the Commission. 1 RENAI PLANNING & ZONING COMMISSION Page 5 June 12, 1991 b. Minimum Lot Size Waiver - Whitford's Survevin Chairman Bryson said that the lot size created by splitting one large lot into two, would be approximately 400 ft. under minimum lot size in the area. Hackney had informed the surveyor that he would need to be granted a variance. He than asked Hackney if the proposed lots would have access to sewer and water? Hackney replied that they would. Chairman Bryson he felt that the owner of the property was trying to meet the minimum requirements for lot size in this zone. Commissioner Graveley said that it appeared there were other lots in the area that did not meet minimum requirements. Chairman Bryson said that these lots were created before the zoning was enacted. Harvey informed the Commission that this item still needed to go through the Variance process, but was received too late to get the proper public hearing notices out. The Surveyor was seeking some consensus from the Commission on whether this would be considered for a variance. Chairman Bryson said if the City did not waive the 20,000 minimum lot size the Borough would not grant the plat. Harvey said she felt that the surveyor just wanted to know if the plat would meet the criteria for a variance. Commissioner Rehm asked if the surveyor wanted to know whether it was worth bringing it before the Commission? Harvey, yes. Bryson said that it was worth the Surveyor coming before the Commission to the extent that he was trying to accomplish the variance before the final plat. No consensus was reached at this time. Harvey said she would notify the Surveyor to begin the formal Variance procedure. RENAI PLANNING & ZONING COMMISSION Page 6 June 12, 1991 7. OLD BUSINESS a. Comprehensive Plan - Work Session with Council June 26th Commission agreed to a work session with Council from 8:00-10:00 p.m., June 26, 1991. 8. REPORTS a. City Council Councilman Smalley reported on the following agenda items: Board of Adjustment Hearing - Nu State Nursery. Public support for an Indoor Ice Rink. Request for Resolution of Support or Letter of Non-opposition to Nikiski Incorporation as a First/Second Class City. Annual Budget for FY 91/92. Sister City exchange with Okha, Russia. b. Borough Planning Chairman Bryson reported on the following agenda items: Kasilof Coal Creek 2: Placement of fill to access proposed future subdivision across Kasilof River. c. City Administration None. 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. City Council Agenda - June 5, 1991 2. KPB Planning Commission Agenda - June 3, 1991 3. Petersen Sub. Add #1 - KPB Action 4. Petersen Sub. Add #2 11. COMMISSION COMMENTS & QUESTIONS Commissioner Graveley requested that Councilman Smalley inform the City Council to be conscious of future spending due to the decrease in oil prices. r~ RENAI PLANNING & ZONING COMMISSION Paqe 7 June 12, 1991 Councilman Smalley reported that the City Administration was in the process of identifying City lands for possible tent camping sites. He also inform the Commission he would gone for the first meeting in July. 12. ADJOURNMENT There being no further business the meeting was adjourned. Resp ctfully submitted, Loretta Harvey Transcribing Secretary P & Z ,Commission 1991 r oll all /\~ C ~~{~, ~~\ V`\/ ~v~/I~y' Phil Bryson Chairman Art Gravele y -Vice Chair Kathy Scott ` ~,~ Tom Murphy , P V U Carl Glick U Saylor Rehm . Duanne Bannoc .. -. ~ ~~ Hal Smalley Council TO DO LIST: ~'""'` ~ ~- f ~_ ~ /~ 1 c 'YIG~c~. ~ ~2a-tszy~~ -- ~Ez~'Y~.. a ~~~c~., ~ ~ ._.--. ~" i C SK ;~•- ~I !)TP'(.L i ..--~- Gf ,/f ~ r~ OTES: 4 KENAI PENINSULA BOROUGH 144 N. BINKLEY STREET SOLDOTNA, AK 99669 _~ (907) 262-4441 lic ~~ ~ , ~s~'-'- ter. NOTICE OF PLANNING COMMISSION ACTION MEETING OF June 17, 1991 RE: Petition to vacate Spur View Drive and Senior Court public rights-of-way Proposed vacation was conditionally approved by the Kenai Peninsula Borough Planning Commission. Conditions of approval are stated in attached unapproved minutes. Should you have any questions please feel free to contact the Kenai Peninsula Borough Planning Department. Tv'vtiCc and mi.c'.1te5 Sent June 19, 1991 t0: City of Kenai, 210 Fidalgo St., Kenai, AK 99611 Survey Firm: Integrity Surveys, HC 2, Box 385, Soldotna, AK 99669 ~~ Subdivider/Petitioner: City of Kenai File: KPB File 91-048 /~*i\ 1 /~' N ,Q' I ~'/'' ~ ~ ~ .SAS, 131CENTENNIAL yi~aye wrlJ~a~ t-"G'~ml1Ji a ~u /t/he! June 6, 1991 Mr. Richard P. Troeger Planning Director Kenai Peninsula Borough 144 North Binkley Street Kenai, AK 99669 CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 RE: Petition to Vacate Spur View Drive .and Senior Court public right-of-ways; and Vacate Ten Foot Utility Easements adjacent to those right-of-ways; as dedicated and granted by plat of Spur Subdivision No. 3, within Section 5, T11W, S.M., Kenai Recording District, City of Kenai, AR. CITY OF KENAI At their regularly scheduled meeting of June 5, 1991, the Kenai City Council took action on the above-referenced petitions, as well as amending plats to change the street named Ryan's Drive to Spur View Drive, and changing the street named Senior Drive to Senior Court. The Council unanimously granted the petition to vacate the public right-of-ways and to vacate the ten foot utility easements adjacent to those right-of-ways. Also, Council unanimously approved the amending of the plat to change the street named Senior Drive to Senior Court. The Council, however, objected to changing the street name of Ryan's Drive to Spur View Drive. This objection is due to any historical significance the name may carry. If you have any questions, please do not hesitate to contact the City of Kenai . CITY OF KENAI Carol L.`Freas City Clerk clf cc: Public Works Department /u~*~\ 1 /E N ,Q / ~F ~ i j:~ A 5% ' ' BICENTENNIAL, Mr. Richard P. Troeger Planning Director Kenai Peninsula Borough 144 North Binkley Street Kenai, AK 99669 CITY OF KENAI ,.o~ ~ ~ ,o.~,~„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 RE: Petition to Vacate that portion of a thirty-three foot section line easement within Lots 4-A, 5-A and 8, Baron Wood Subdivision, Section 4; and the thirty-three section line easement within Government Lot 2, Section 9; Township 5 North, Range 11 West, Seward Meridian, City of Renai, Renai Recording District, AR. SHARALYN SUE WRIGHT, Trustee for Waldo Coyle Trust and JAMES M. SNEAD, Partner, Corporate Leasing and Investment Company of Anchorage. At their regularly scheduled meeting of June 5, 1991, the Kenai City Council took action on the above-referenced petition. The Council unanimously objected to the petition to vacate. This objection is due to the unknown future need for access to adjoining property. If you have any questions, please do not hesitate to contact the City of Kenai. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf cc: Public Works Department AGENDA ITEM F. PUBLIC HEARINGS 3. Petition to vacate Spur View Drive and Senior Court public rights-of-way; and Vacate ten foot utility easements associ- ated with those rights-of-way; as dedicated and granted by plat of Spur Subdivision No. 3 (plat 82-93 KRD). Being with- in Section 5, Township 5 North, Range li West, Seward Meridi- an, City of Kenai, Alaska. Staff report as read by Dick Troeger: Hearing: 6/17/91 Petitioner(s): City of Kenai, Alaska Purpose as stated in petition: Allow more efficient use of proper- - ty. Location of existing travelway doesn't fall within platted ROW. City of Kenai will. upgrade new access within proposed loca- tion of Ryan Drive and Senior Drive. Public Notice appeared in the June 3 & 10, 1991 issues of the Pen- insula Clarion. Six certified mailings were sent to owners of property within 300 feet; and to other interested parties. Five of the receipts have been returned. One mailing was returned due to address. Address used is as shown in borough records. Supporting statement received from Homer Electric Association. No statements of objection received. Kenai Advisory Planning Commission and City Council both approve the proposed vacation and dedication. There is however, some que- stion on the names of the new right-of-way dedications. This will be resolved prior to final approval and filing of the plat which will accomplish the vacation. FindinQS of Fact 1. Sufficient rights-of-way and easements are being dedicated and granted to serve surrounding properties. (Plat of Spur Subdivision Senior Citizen Addition) 2. No surrounding properties will be denied access or utilities. 3. Alternative access proposed for dedication is shown on pre- .. liminary plat, Spur Subdivision Senior Citizen Addition. \\\ 4. Preliminary plat showing proposed vacation and alternative , dedication scheduled for Commission review and action June 17, 1991. STAFF RECOMMENDATIONS: Approve vacation of Spur View Drive and Senior Court public rights-of-way and vacation of associated util- ity easements; subject to the following conditions: 1. Submittal of final plat within one year of vacation approval. 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vaca- tion. IF VACATION IS DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO BOROUGH CLERK IF PROPOSED VACATION IS WITHIN BOROUGH; OR TO APPROPRIATE CITY CLERK IF PROPOSED VACATION IS WITHIN CITY LIMITS. END OF STAFF REPORT Chairman Hammelman opened the public hearing for testimony. Seeing and hearing no one wishing to testify, the public hearing was closed and opened for discussion among the commissioners. UN~iP~~~~ ~~'~ 1~~~1~'~'~'~~ MOTION: Commissioner Hursh, seconded by Commissioner Thorne, moved to approve the vacation of spur View Drive and senior Court public rights-of-way and vacation of associated utility easements subject to staff recommendations. VOTE: A roll call vote was taken with Commissioners Gannaway, Horne, Hursh, Ryllonen, Painter, Thorne and Hammelmaa voting yes. Commissioner Bryson abstained due to an involvement with the project. The motion carried. 3 r AGENDA ITEM F. PUBLIC HEARINGS 3. Petition to vacate Spur View Drive and Senior Court public rights-of-way; and Vacate ten foot utility easements associ- ated with those rights-of-way; as dedicated and granted by plat of Spur Subdivision No. 3 (plat 82-93 KRD). Being with- in Section 5, Township 5 North, Range it West, Seward Meridi- an, City of Kenai, Alaska. Staff report as read by Dick Troeger: Hearing: 6/17/91 Petitioner(s): City of Kenai, Alaska Purpose as stated in petition: Allow more efficient use of proper- ty. Location of existing travelway doesn't fall within platted ROW. City of Kenai will upgrade new access within proposed loca- tion of Ryan Drive and Senior Drive. Public Notice appeared in the June 3 & 10, 1991 issues of the Pen- insula Clarion. Six certified mailings were sent to owners of property within 300 feet; and to other interested parties. Five of the receipts have been returned. One mailing was returned due to address. Address used is as shown in borough records. Supporting statement received from Homer Electric Association. No statements of objection received. Kenai Advisory Planning Commission and City Council both approve the proposed vacation and dedication. There is however, some que- stion on the names of the new right-of-way dedications. This will be resolved prior to final approval and filing of the plat which will accomplish the vacation. Findings of Fact 1. Sufficient rights-of-way and easements are being dedicated and granted to serve surrounding properties. (Plat of Spur Subdivision Senior Citizen Addition) 2. No surrounding properties will be denied access or utilities. 3. Alternative access proposed for dedication is shown on pre- liminary plat, Spur Subdivision Senior Citizen Addition. 4. Preliminary plat showing proposed vacation and alternative dedication scheduled for Commission review and action June 17, 1991. STAFF RECOMMENDATIONS: Approve vacation of Spur View Drive and Senior Court public rights-of-way and vacation of associated util- ity easements; subject to the following conditions: 1. Submittal of final plat within one year of vacation approval. 2. The City Council of the City of Kenai, has thirty days in which they may veto Planning Commission approval of the vaca- tion. IF VACATION IS DENIED, PETITIONER HAS EIGHT CALENDAR DAYS IN WHICH TO APPEAL THE PLANNING COMMISSION DENIAL. WRITTEN APPEAL MUST BE SUBMITTED TO BOROUGH CLERK IF PROPOSED VACATION IS WITHIN BOROUGH; OR TO APPROPRIATE CITY CLERK IF PROPOSED VACATION IS WITHIN CITY LIMITS. END OF STAFF REPORT Chairman Hammelman opened the public hearing for testimony. Seeing and hearing no one wishing to testify, the public hearing was closed and opened for discussion among the commissioners. UN~tPPKU VET MINUTES MOTION: Commissioner Hursh, seconded by Commissioner Thorne, moved to approve the vacation of Spur View Drive and Senior Court public rights-of-way and vacation of associated utility easements subject to staff recommendations. VOTE: A roll call vote was taken with Commissioners Gannaway, Horne, Hursh, Ryllonen, Painter, Thorne and Hammelman votiaq yes. Commissioner Bryson abstained due to an involvement with the project. The motion carried. ITNAPPR®YE~ MINUTES 1~~~ l~~ CITY OF KENAI BICENTENNIAL yi~aye ~a~ tG'cfy mct~a ~ufu~e! MEMORANDUM TO: William J. Brighton, City Manager FROM: Howard Hackney, Building Official DATE: June 13, 1991 SUBJECT: Who's Ryan? FOR: Council meeting of June 19, 1991 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 I talked to the surveyor who drew up the plat for Spur Subdivision, No. 4, where the Uptown Motel is located. The preliminary plat designated the street in front of the Uptown Motel, from the Spur Highway to Frontage Road, as "Spur View Drive". The street from Frontage Road to the Senior Center area was also designated "Spur View Drive." When Mr. Aase obtained a building permit,.. he was given an address of 47 Spur View Drive on the basis of this plat which was all we had to go on at that time. Mr. Schilling now owns the motel and naturally has used the same address. 47 Spur View Drive is the motel address with Dunn & Bradstreet, international tourist publications, such as the Mile Post, all stationary and the telephone listing. Besides the monetary cost of changing the address, there is the intangible cost of having the wrong address in tourist publications which may take a year or more to accomplish a change. The post office is pressuring him to change the address because it does not agree with the street numbering system. If this was something of the motel's doing, we could shrug it off as their problem. However, this is the address that the City gave them. The surveyor said that the preliminary plat was returned to them with "Spur View Drive" in front of the motel crossed out and "Ryan's Drive" written in. He understood this was done because the two segments of Spur View Drive did not line up across Frontage Road. a Page 2 Who's Ryan? 6/13/91 A plat has now been prepared to provide for the Congregate Housing project. Spur View Drive to that area has been moved to align with the street in front of the motel and now both segments are designated as Ryan's Drive. The name "Ryan" in all of this has, obviously, come from Ryan's Creek, which is nearby. The creek was named for Ryan but the street was named for the creek because nobody knew who Ryan was. The surveyor who drew the plat for Spur Subdivision No. 4 did not know who Ryan was. An old time surveyor in the City did not know who Ryan was. Along time City employee and resident did not know of Ryan. A long time resident couple, interested in historical matters, had not heard of Ryan. However, a prominent native leader remembered his mother telling him about Patty Ryan. He had a cabin toward the bluff on the creek and the creek came to be called Ryan's Creek. He was apparently a prominent man and well liked. It seems there was an election one time and an argument developed which escalated into a fight and although my informant couldn't remember for sure, he thinks maybe Ryan was shot. A long time resident native woman remembered her mother telling her when she was a little girl, about a man named Ryan who lived by the creek. She also remembered her mother telling her something about a fight involving Ryan and somebody being shot but didn't know if it was Ryan who was shot. Let's see, these people heard about Ryan when they were children so that could put Ryan on the scene about one hundred years ago. Therefore, I recommend that the City of Kenai erect a bronze plaque south of Frontage Road about where it crosses Ryan's Creek, proclaiming that this creek was named in honor of Patty Ryan. I also recommend that both segments of Ryan's Drive be designated Spur View Drive. I feel sure that Patty Ryan will consider it an honor to have a creek named after him. HH/kv