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HomeMy WebLinkAbout1993-04-28 P&Z PacketRENAI PLANNING & ZONING COMMISSION. April 28, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL a. Election of Chairman 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - March 24, 1993 4. PERSONB PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-16: Encroachment - Jackson 6. PLANNING 7. NEW BUSINESS a. Sign Review - K-Mart 8. OLD BUSINESB a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 1. TSH Work Session between Council and P&Z 2. Council Decision - Baron Park S/D No. 8 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT RENAI PLANNING & ZONING COMMISSION April 14, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL AGENDA Swearing in of new Commissioner - Kevin Walker Carol Freas, City Clerk administered the oath of office to Kevin Walker. Members present: Duane Bannock, Kevin Walker, Ron Goecke, Phil Bryson Also present: Councilman Smalley; Jack La Shot, City Engineer; Loretta Harvey, Administrative Assistant; Jack Castimore a. Election of Chairman This item will be carried forward to next agenda when there are more Commissioners present. Commissioner Bryson served as second Vice Chairman for this meeting. 2. APPROVAL OF AGENDA MOTION AND VOTE: Goecke MOVED approval of agenda as presented. PASSED UNANIMOUSLY. 3. APPROVAL OF MINUTES - March 24, 1993 MOTION AND VOTE: Goecke MOVED approval of minutes as presented. PASSED UNANIMOUSLY. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None. 5. PUBLIC HEARINGS a. Resolution PZ 93-10: CUP - Grubb Bannock SECONDED. Bannock SECONDED. La Shot reported that this item had previously appeared before the Commission. The Planning Staff had received the wrong legal description on this property. The public hearing notices had been remailed to the surrounding property owners based on the correct legal address. KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 2 Bryson - opened the public hearing audience wished to address this item. back to the Commission for action. and asked if anyone in the Seeing none he brought it MOTION & VOTE: Bannock MOVED approval of Resolution PZ 93-10. Goecke SECONDED. Bannock Bryson .Glick 'Goecke Walker McComsey VACANT> YES YES ABSENT YES YES ABSENT MOTION PASSED UNANIMOUSLY. b. Resolution PZ 93-13: Variance - Gilles La Shot reported that this was in the Rural Residential zone which requires a minimum lot size of 20,000 SF per lot. This particular lot borders along an easement the City has a large drainage ditch the City has. Normally if the owner was to split this lot, so there was a lot in front and a lot in back, with that easement he would normally have physical access down that right-of-way (ROW) to the back lot. With that large drainage ditch there it makes it difficult to do that. Without filling in the ditch and putting a large culvert there you really can't do it. The owner has decided to create a flag-lot which would go to Princess and from there he will run the utilities. The lot as it is, is big enough to get two lots that would meet the minimum requirements. To do it the front lot would have to be about 190 feet deep. This would make the sewer system pretty shallow on the rear lot. Bannock - If the line was moved back 190 feet where would the sewer problem occur? La Shot - The sewer line every 48 feet it has to rise a foot. The sewer main at princess is a certain depth, but what I'm saying if you add another 40/50 feet there he will lose another feet of cover on the sewer line. Walker - Thought he remembered that the City dug these drainage ditches. And at one point in time it was discussed with the property owners that when they would want to dig along this ditch allowance would be made. Bryson - Opened the meeting to Public Hearing. ***PUBLIC HEARING - VERBATIM*** Colleen Ward - 708 Magic Avenue, Members of the Commission I'm here as a representative of property owners in the vicinity of this particular lot we're addressing and basically we've already submitted a letter stating our position on this. I think we would all like to be as reasonable as possible. Some of this information KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 3 is new to us this evening. If nothing else possible request an extension on this variance so that we have time to become more informed ourselves on some of these conditions that .were just explained. I would just like to reconfirm that there is some concern in the neighborhood. Originally we united as neighbors and requested this kind of zoning because of the neighborhood we were hoping to see develop in the future. And some of us have purchase land in the area with these ordinances in mind. So basically, I'm just here to say we are concerned, at this point were not comfortable with the variance. And it's something we would like to know a little bit more about before it's approved. Bryson - Could you state your name for the record? Ward - My name is Colleen Ward. I own land both right in that area, right off of Princess and right off of Magic as well. We have a couple of parcels back there. Bryson - Do you live in the area too? Ward - Yes I do. Bryson - Do you have a street address. Ward - 708 Magic Avenue. Bryson - And you mentioned that you are representing several other people, are they the ones mentioned on the letter? Ward - Yes. Bryson - The City had received a letter the signers are: Walt Ward, Colleen Ward, Mike Mildbrand and Barbara Baldwin. That is the letter to which your talking, basically expressing concern about modifying the zoning. Ward - Thank you. Bryson - Thank you. Are there other persons from the public who would like to comment? Gilles - Steve Gilles, I'm the property owner. I would just like to mention if I did have access down the city ROW I wouldn't need the flag lot. If you included the flag portion of the lot with lot 2-A it would meet the required minimum lot size. And the property is big enough to subdivided as is, without the variance, but the back portion of Lot 2-A is fairly wet and plus the problems of running the sewer. I'd like to keep it a little closer out of the wetland, the future building site. Bryson - Are there any questions of Mr. Gilles. I have one, have you considered conforming to the requirement for frontage on a ROW? To fronting on the area where the ditch is but providing a private easement across the front lot to provide, in fact, access to Princess? KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 4 Gilles - I could do that. Provide an easement for water and sewer but than you've got a driveway, you'd have to. If I sold the back lot that owner would have to be paying taxes on a driveway across somebody else's property. Which I don't think would be really right. As for the aesthetics of the road the houses, I'm not cramming two houses into a smaller lot, you'd still have 130 feet across the front. You know, no building there just a driveway. It's not like I'm cluttering the area up. Bryson - Anyone else have questions? Goecke - I had one, but it's the same as you had. Why couldn't it possible be giving a variance to 2-B and extending that lot all the way back to the property line next to that ROW? Basically the same one you had. Gilles - In that 12 foot ROW the ditch is about 12 feet deep up in the front. It would require an awful lot of work to put a culvert in and fill that in, to put a driveway down the ROW. Bryson - Other questions? Thank you. Barbara Baldwin - I'm Barbara Baldwin and I live across the street in 312 Princess. My question is, how does the sewer run to the back lot? I mean, the sewer is along Princess and along Magic and it's stubbed into our lots, so how does the sewer line get to the back lot? La Shot - Well it will have to be run back there. The service lines will have to go down the flag portion of the back lot to the back lot. Gilles - You would have to install two more stub-ins to the main line and run those lines down along the flag portion. Baldwin - What's the flag portion? Smalley - This piece here. Bryson - He's proposing a pan handle subdivision of lots. It provides access from Princess. They'd be required to construct a private sewer. Baldwin - At the expense of the private property owner? Bryson - Yes. Baldwin - Thank you. Bryson - Does anyone else wish to speak? Ward - Could I ask a question? KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 5 Walker - I don't have any problem with that but I would like to make a comment. i have property in this area and so I have potential conflict of interest. My property is about two, about a block away. Bryson - It's not my opinion that you have a conflict of interest. Walker - It's just the potential that I would like to bring forward. I do have property in this area. Bryson - Yes, you had a question? Ward - I forgot my question, sorry. Oh, no, the question was the City, Duane was mentioning something about, if there is someway we can work with the City in finding another alternative. If the easement, or being that they did dig the ditches there, other alternatives we haven't pursued here. Other than yes, you can have a variance. Bryson - If no decision was made tonight, you certainly would have that option. It just depends on how the Commission proceeds on the question. We are out of public hearing at this time, I'd like to get this on the table. MOTION: Walker MOVED for approval of the requested action on PZ 93-13 a reduction of minimum lot requirements. Bannock SECONDED. Bryson - Discussion on the motion? I guess the first question that comes to mind, from my perspective, it's well and good that there is a drainage ditch in the ROW at this time. But that is certainly, the course of things, this is not a long term situation in terms of ROW, particularly if they provide access somewhere. There will always be a ditch. The other item I have I have never particularly liked flag lots, although I realize that they are quite common in the last few years. They provide alot of solutions to problems which are otherwise very difficult. This is a situation were the legal requirement for ROW coverage is satisfied. Walker - One thing I'd like to mention if I may. The property I purchased in this area, I think I purchased somewhere around 1975 or 1976. At that time there was a small drainage ditch on this property, and keeping in mind I'm about a mile away. I would have to disagree with you that it's not a long term thing because the ditch that is in front of my property has gone from about four feet wide to about twenty five feet wide, literally taking up the whole ROW and some of both sides of both parcels of property that it supposedly drains. But basically what it is draining is property quite a ways up stream. So I think, in this particular area of town, if you look at the water table and a few of the other items, we're going to have to make some allowances. The property upstream of this is going to be drained into this property and beyond. Similar to what would happened in Los Angeles where you have viaducts or whatever you want to call concrete rivers. These ditches are a permanent thing, they're not temporary. The water KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 6 problem in these areas, and areas above stream, is always going to be there. In order to develop these properties we're going to have to either move some ROW's or change some ROW's and I'm not too sure that the City, at this time, is willing to bear this expense, rather than just allow some of these variance. Bannock - I share a little bit of your concern about flag-lots, even though I don't know as much about them as you do. But if this was not a drainage ditch. If it was just a regular ROW full of trees and the owner had proposed making this a square lot, extending that 105 line all the way to the top line, whose responsibility would it be to turn the ROW into access to Lot 2-B? Can we move a lot line and block access? Isn't the City facing some potential liability by making a liability without access to it? If we took that line all the way up he'd almost have his 20,000 SF. But there would be no access to lot 2-B. Is that what the ROW is design to do? Is that what the 40 foot ROW is there for. Bryson - I would interpret that to be physical surface access. The City has preempted the ability of that ROW, at least in the short term to serve the back lot. Bannock - So is the City getting a benefit by granting the variance? Can the City say, good now we don't have to fill in this drainage ditch because we don't owe access because access is on Lot 2-B already? Lot 2-B is going to reach out with a handle all the way to Princess Street so we don't have to come up with out own access, the owner has taken care of that for us? And what would happen to that ROW if we were to do that? Bryson - I would say that at the time the City decided to dig a ditch instead of putting in a large culvert they had gained an advantage by having a flat area, because they didn't have to go to the expense to put in a culvert. ***END VERBATIM*** AMENDED MOTION: Goecke MOVED to postpone this motion until we have more information. Bannock SECONDED. Smalley - asked the Commission if they wished to extend the public hearing to next meeting. Walker - asked that he motion be amended to include Smalley's comments. The Maker of the motion and Second concurred. Bannock Bryson Glick Go~cke Walker Mccomsey VACANT>~ YES YES ABSENT YES YES ABSENT KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 7 Mike Swan - Surveyor, told the Commission they would increase the lot to 20,000 SF and grant the easement and drop the Variance. They were hoping to make suitable for all residents plus give access, but they will drop the variance. 6. PLANNING a. Resolution PZ 93-14: Preliminary Plat - Gilles Bryson - asked Administration if they were comfortable addressing a verbal modification to this plat? La Shot - Said he thought it would be appropriate to pass the plat, contingent on Lot 2-A meeting the minimum requirements for the zone. Bannock - Requested clarification that the flag portion of the lot would be eliminated. La Shot - Lot 2-A will be squared off and an easement granted. MOTION AND VOTE: walker MOVED approval of 93-14 contingent upon amendment to create a lot of 20,000 SF as shown as Lot 2-A. Bannock SECONDED. Bannock Bryson >~Glick Goecke Walker McComsev .VACANT' YE8 YES ABSENT YES YES ABSENT AV11VlY YAifiil+l7 UlVAlV11r1VUt3LY b. Preliminary Plat - Baron Park Bryson - introduced plat and asked for a Staff Report. Goecke - Mr. Chairman before we going in farther, I am part and parcel to this so you're not going to have a quorum. Bryson - You're a part owner? That is correct. This would put action on this item off until the next meeting. Swan - This is really going to hurt the client because hopefully this sale is going to go through by the end of this month. This is an abbreviated plat that we're trying to hurry through. Bryson - explained that the abbreviated plat was a process when there is a simple lot split and there are no ROW being vacated or dedicated, the lot only has to conform to Administrative review as opposed to Planning Commission approval which can be up to a three week process. The surveyor has indicated that they need to speed up this process. Bryson suggested that the Commission comment on this plat and perhaps have a telephone poll to get a vote. KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 8 Swan - presented an as-built which showed the buildings presently on site, they are Pizza Hut and CICADA. Bryson - Noted that the lot conformed to City plat requirements and lot size. MOTION AND VOTE: Bannock MOVED approval of Resolution 93-15. Walker SECONDED and questioned the chair on whether the Commission could take action on this. Mr. Goecke had indicated he has conflict of interest and I'm not sure we can alleviate that conflict of interest. Bryson - Said he has a direct monetary interest so the conflict of interest cannot be waived. Bryson directed Administration to poll absent Commissioners to get a decision on this item. Bryson asked for a vote for the record. VOTE: Bannock aryson Glick ' Goecke Walker'' McComsev VACANT YES YES ABSENT ABSTAIN YES ABSENT Smalley - Directed Administration to check with the City Attorney regarding the legality of a telephone poll regarding this matter. I think a split vote will void your decision. Taking part of the vote one night and rest of the vote the next day. MOTION AND VOTE: Walker - MOVED that the vote be taken of the entire Commission at the same time. Bannock SECONDED. PASSED UNANIMOUSLY. 7. NEW BUSINESS a. Lease Application - Doyle La Shot - Reported that this was the area where Doyle has some trailers parked. The lease is about to expire and he would like to renew the lease. MOTION: Walker MOVED approval of the Application to Lease to Doyle Lots 2 & 3 Gusty S/D and Tract A Gusty S/D #3 with terms and conditions as listed in item 7 a. Bannock SECONDED. KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 9 DISCUSSION: Smalley - Asked if Walker's comments referred to the clause of cancellation of lease within 90 days. Walker - replied yes because it is an FAA requirement. VOTE: Bannock Bryson Glick Goecke Walker McCamsey VACANT YES YES ABSENT YES YES ABSENT MOTION PASSED UNANIMOUSLY. 8. OLD BUSINESB a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Kenai Photo Quick - Possible Sign Violation La Shot reported that the Planning Department had received a complaint about the sign in front of the Photo Quick. It is a sign mounted on an old car. It appears it is a prohibited sign and is not permitted. He asked the Commission's direction regarding this possible violation. Bannock - asked it every car with a sign on it was illegal, how about Pizza Hut or other businesses. The City of Kenai even has signs on their vehicles. The only violation he could see was a possible ROW violation. MOTION: Goecke MOVED to have Staff contact the owner of Renai Photo Quick and ask them to remove the sign or get a permit for that sign. ,Walker SECONDED. DISCUSSION Walker - asked what the sign requirements were in a Commercial Zone. La Shot - Replied for an individual business up to 81 SF. It would have to be determined if the vehicle is included in the sign, which may make it a portable sign. KENAI PLANNING April 14, 1993 Page 10 VOTE: AND ZONING COMMISSION - Meeting Bannock Bryson Glick Goegke '' Nalker McComsey VACANT» NO YES ABSENT YES NO ABSENT Bannock - Said if the Administration wished to take action that would be okay, but he did not want to support that action. b. Quandt Property La Shot noted the correspondence in He said that the City has asked the the lease on this property. c. RPM's the packet (attached). State to begin termination of Smalley - asked that Administration check out RPM's because it appears to be happening again. The former City Manager had an agreement with the owner to clean up the code violation but it seems that the violation may be reappearing. La Shot - Said that he would look into that. He knew the owner was considering an addition there. 10. REPORTS a. City Council Smalley reported on agenda items. He also reported that Council had held their first work session on the Budget. .Telephone interviews for the City Manager position will begin on Saturday April 17. b. Borough Planning Bryson reported on agenda items. relating to the City of Kenai. c. City Administration There was nothing specific La Shot noted some letters from agencies concern a vacation in Caro Subdivision. P & Z had passed this vacation, but Council vetoed the decision. Now the property owners have negotiated with those agencies to provide a public access easement in lieu of what was there. The owners of Toyon Village are proceeding with plans to develop a 76 spot RV Park in the area behind the apartments. This RV Park will be in the TSH zone. Administration feels that this activity would have grandfather rights since there was a sign up and some RV's using the site last year. KENAI PLANNING AND ZONING COMMISSION April 14, 1993 - Meeting Page 11 il. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS Bannock - none Walker - none Goecke - Welcomed Commissioner Walker. Bryson - none. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:05 p.m. Res ectfully submitted, ~i Lorett Hey Administrative Assistant PLANNING AND ZONING CO ZMISSION MEETING DATE a8 9 TAO Ds LIST: 7~ Q~m,.,v - K-mot ~ ~~ 3- y 55a