HomeMy WebLinkAbout1993-10-27 P&Z Packet~' PLANNING AND ZONING COMMISSION
OCTOBER 13, 1993, 7:00 P.M.
CHAIRMAN PHIL BRYSON
1. ROLL CALL
Chairman Phil Bryson called the meeting to order at approximately 7:00 p.m. in the
Council Chambers in the Kenai City Hall Building.
Members Present: Charlie Pierce, Ron Goecke, Lori McComsey, Carl Glick, Phil Bryson
Duane Bannock arrived approximately 7:15 p.m. after the vote on
PZ 93-44
Members Absent: Kevin Walker (excused)
Also Present: Councilman Hal Smalley; Jack La Shot, City Engineer;
Kathy Woodford, Administrative Assistant
2. APPROVAL OF AGENDA
Chairman Bryson asked for requests from the Commission.
MOTION
Ron Goecke MOVED for approval of the agenda and asked for unanimous consent. Glick
SECONDED. There were no objections. APPROVED BY UNANIMOUS CONSENT.
3. APPROVAL OF MINUTES
Bryson asked for any corrections.
Pierce stated that the date at the top of pages 2 through 12 indicated October 22, 1993,
and should be September 22, 1993.
Bryson clarified on Page 5, paragraph 1 that he meant one-half hour of Zubeck's time
rather than 1/15th of his work day.
MOTION
Charlie Pierce MOVED for approval of the amended minutes of the September 22, 1993
meeting. Goecke SECONDED. There were no objections. APPROVED BY
UNANIMOUS CONSENT.
4. PLANNING
a. Resolution PZ 93-44 -Plat Review -Swan Surveying -Barron Park Services
Add. No. 2
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, 1993 Minutes
Page 2
STAFF REPORT
La Shot reported that this plat subdivides Lot 1 of the previous subdivision, Barron Park
Service Addition, into two lots. Lot 1B is where Pizza Hut sits; Lot 1A is where the Park
Place building sits; and Kentucky Fried Chicken is being built on Lot 2.
Goecke stated that he is owner of record of the referenced property and asked if this
would be a conflict of interest.
Bryson stated that being owner of record is a valid conflict of interest and Goecke will
not vote on this matter.
MOTION
Glick MOVED for approval of Resolution PZ 93-44. Pierce SECONDED.
VOTE
Pierce Yes McComsey Yes Goecke abstained
Glick Yes Bryson Yes Bannock absent
Walker absent
b. Site Plan, Landscape Review -Baron Butler
Bryson asked for staff report.
STAFF REPORT
La Shot stated that Mr. Butler wants to refurbish the interior and exterior of the Kenai
Texaco station. The automotive service department will be turned into a convenience
store and the gas pumps will remain in place.
Bryson asked for comment from Butler.
Butler stated that he would like to clarify that Kenai Texaco will now be known as Butler's
Texaco. He stated that the metal panels on the outside of the building will be removed
and replaced with the new Texaco design. The building will have a light metal skin; the
three auto bays will be framed up and glass will be installed; the auto equipment will be
removed and replaced with convenience store items. (Butler passed around a picture of
a similar store.) There will be some reconstruction of the walls. A wheelchair accessible,
unisex restroom will replace the two that are there now. Butler stated there is a
professional crew that does this type of remodel all over the state and he expects this
crew to be here toward the end of October. The inside remodel will take approximately
60 to 80 days. Butler stated the plumbing will remain the same and the drains from the
old auto bays will not be used; they will be blocked off.
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, 1993 Minutes
Page 3
Bryson asked for questions from the Commission.
Glick referred to Butler's request for removal of some trees and asked for clarification of
which trees he is talking about.
Butler replied this is just a request for removal of the trees. (Butler passed around a
picture of the trees in question.) Butler stated the location of the trees is along the Spur
Highway by the driveway. He added the trees are too big, he would like to remove them
and replace them with some new, smaller ones this spring and re-landscape the area.
Butler stated he spoke to Mayor Williams about the trees and asked if the City Parks
and Recreation department might be interested in them. Glick asked if the trees are on
Butler's property or in the right-of-way. Butler stated the trees are in the right-of-way.
Butler added he wants to move the trees so that his business can be seen from the
road. He will landscape the area this spring so that it looks nice.
Glick asked Butler when he plans to move the trees.
Butler stated he would like to trim the trees for the winter and move them this spring.
He stated he does not want to damage the trees in case the City, or someone else,
wants to replant them.
Glick referred to the staff's recommendation of more parking on the west side.
Butler pointed out he has eleven (11) customer parking places planned with employee
parking in the back. He stated he plans to use D1 in the back for employee parking and
also to landscape around the area. Butler stated the backside of the building will look
nice so people coming from the airport will not have an eyesore to look at. He added he
will stripe the parking and install bumpers for parking. Butler said if the Commission
wants more parking there he will do it, but if he has even eleven customers parked there
all day long he'll be filthy rich.
Bryson referred to the ingress/egress area indicated on the east side of the building and
stated it may be in trespass.
Butler said the property line is the dotted line on the drawing and you can drive through
there although he does not propose to use it. He added that the neighboring building has
its trash container there and he plans to put his trash container there also so it will not
be seen from the road.
Bryson asked for action from the Commission.
MOTION
Goecke MOVED FOR APPROVAL of the Site Plan as proposed. Bannock SECONDED.
Bryson asked Smalley if the park across the highway would be able to use the trees
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, 1993 Minutes
Page 4
Bryson asked Smalley if the park across the highway would be able to use the trees
Butler proposes to move.
Smalley stated the Parks and Rec. department is interested in the trees but now is not
a good time to move them. He added that a place will be found for the trees.
VOTE
Bannock Yes Goecke Yes
Pierce- Yes McComsey Yes .
Glick Yes Bryson Yes
Walker absent
Bryson MOTION PASSED UNANIMOUSLY.
5. PUBLIC HEARINGS
None
6. NEW BUSINESS
a. Resolution PZ 93-42 -Home Occupation Permit -Paul L. Quade
STAFF REPORT
La Shot stated this H.O.P. is for the purpose of doing building evaluations and
inspections. He stated the applicant indicated there is seldom anyone at his house; most
of the work is done in the field. The applicant's office is proposed to be in his garage.
Bryson brought it back to the Commission for action.
MOTION
Glick MOVED for approval of PZ 93-42. Goecke SECONDED.
Bryson, hearing no objection, the motion was PASSED UNANIMOUSLY.
b. Resolution PZ 93-43 -Home Occupation Permit -Brett E. Roller
STAFF REPORT
La Shot stated that the H.O.P. is for a psychic hotline and while he could not find this
type of business specifically mentioned in the code, it seems to fit in as far as being low-
key in the neighborhood.
Bryson asked for wishes of the Commission.
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, ~ 993 Minutes
Page 5
MOTION
Pierce MOVED for approval of PZ 93-43. McComsey SECONDED.
Bryson asked for discussion on the Motion.
Bannock asked if the applicant was present. It was noted that Mr. Roller was not
present.
Bryson, hearing no objection, passed the MOTION UNANIMOUSLY.
c. Extension of Construction Schedule -Lot 10, Block 2, CIIAP -Van Zee
STAFF REPORT
La Shot stated that the lessee is asking for an extension of the construction schedule and
that Kim Howard's memo explains the request. La Shot added that the referenced lot is
directly across from the City maintenance shop and the type of business proposed is a
car rental place.
Bryson asked if there was a two year development requirement at the time of the lease,
and La Shot said he believed so.
MOTION
Bannock MOVED for approval of the extension of construction schedule on Lot 10, Block
2, CIIAP to Dan Van Zee, correction, to Superior Oilfield Logistics. Goecke SECONDED.
Bryson, hearing no objection, MOTION PASSED UNANIMOUSLY.
d. Assignment of Lease from Phillip Evans to Ron Johnson, Lot 2, Block 5f CIIAP
STAFF REPORT
La Shot stated this is the lot on Airport Drive that has the little storage building on the
right as you enter the City maintenance yard.
MOTION
Glick MOVED for approval of the assignment of lease from Phillip Evans to Ron Johnson,
Lot 2, Block 5, CIIAP. Goecke SECONDED.
Pierce asked for clarification that the assignment of lease be to M.J. Grimm and R.J.
Johnson.
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, .1993 Minutes
Page 6
RESTATED MOTION
Glick MOVED for approval of the assignment of lease from Phillip Evans to M.J. Grimm
and R.J. Johnson. Goecke SECONDED.
Bannock asked if the City has an interest in whether or not M.J. Grimm and R.J.
Johnson are going to change the original use of the business. Bannock clarified himself
to ask if the leased property can still only be used for the purpose for which the lease was
originally written.
La Shot referred to the Assignment of the Lease and read "the Assignees agree to
comply fully with all the terms and provisions of the Lease."
Bannock stated that the only thing changing is the responsibility of the lease and any
actions that were changed on the lease would require another motion. La Shot stated
that was correct.
Bryson, hearing no objection, MOTION PASSED UNANIMOUSLY.
7. OLD BUSINESS
None
8. CODE ENFORCEMENT ITEMS
None
9. REPORTS
a. City Council -Hal Smalley
Smalley stated that Council dealt with the changes in the T.S.H. ordinance. He said one
of the changes will allow the Planning and Zoning Commission to permit a structure larger
than 2500 sq. ft. into this zone. He added that principal uses in the land use table were
amended to allow for theaters in the zone as a conditional use. Smalley stated there was
a lot of discussion regarding the approval of the proposed maps. He stated the map
approved was the Townsite Historic Task Force's second map. Smalley stated some of
the concerns of the Council and Task Force. Smalley stated the City does have the
application for preservation grant money.
Smalley stated the grant request for money for the fire truck has passed and the grant
request for water quality is under review.
Smalley added that the Eicholtz/Pitts extension approved by Planning and Zoning was
also approved by Council.
KENAI PLANNING AND ZONING COMMISSION
..Meeting -October 13, 1993 Minutes
Page 7
Smalley mentioned the water samples taken at the test well. He stated additional money
was approved to dig deeper if necessary. The water is still cloudy at 250 ft.
b. Borough Planning Commission -Phil Bryson
Bryson stated there was only one item concerning the City and that was the Barron Park
Subdivision which was approved earlier. He stated the item that took the majority of time
at the meeting was the State of Alaska, Division of Forestry, Five Year Schedule of
Timber Sales in the Kenai Peninsula area. He added that the Commission did approve
the State's schedule.
c. Administration -Jack La Shot
La Shot informed the Commission that Louie Schilling might be adding on to his building
by adding another level for a private club. La Shot stated it looks like a principal use in
the zone and he just wanted to let the Commission know what is going on. He stated the
holes in front of Paradisos are the telephone company's.
10. PERSONS PRESENT NOT SCHEDULED
None
11. INFORMATION ITEMS
a. "Too Much Acrimony," news article
12. COMMISSION COMMENTS & QUESTIONS
Bannock stated his support to Councilman Smalley for his support at the Council meeting
regarding Planning and Zoning's wishes concerning the T.S.H. zone.
Goecke stated he felt the Commission has been slapped in the face by the City Council's
decision on the T.S.H. zone. He said he thought the City Council would take the
Planning Commission's recommendations more seriously than they did. Goecke said he
did some investigating and found out the head of the T.S.H. Task Force cleared out more
historic buildings than what is trying to be preserved in the area now. He added he feels
the head of the task force has his area the way he wants it and doesn't want anybody
else to change anything. Goecke stated he hopes the City Council will give the Planning
Commission's decisions more credence in the future.
The Commission all thanked Bannock for his time and service on the Planning and
Zoning Commission and wished him luck as a Councilman.
Smalley stated his agreement with Goecke's comments concerning the Commission's
decisions and what has happened with those decisions when they go to Council. He
stated there is one case where he has voted against a decision made by the Planning
KENAI PLANNING AND ZONING COMMISSION
Meeting -October 13, 1993 Minutes
Page 8
Commission and that was only because new information was brought forward. He said
the Council is dealing with what is in the best interest of the City. Based on the testimony
they received from citizens they felt the size they accepted is in the best interest of the
City. He added that the more informed the Council and Commissions become the more
things will work out. Smalley said he will pass on the Commissions concern to Council.
Bryson told the Commission that the area around the apartments in Old Town has
petitioned to re-zone to Central Commercial. La Shot added the applicant brought in the
application but has not started the petition process yet.
Smalley brought up the question of whether or not anyone in the new zone can
completely re-build if a building is over 50% destroyed and over 5000 sq. ft. Goecke said
he thought the task force said if it was built back in two years time the building could be
re-built. La Shot stated it would be anon-conforming structure. Smalley found the
ordinance and said it reads re-construction can be done. He added he thinks there is
another part of the code that pertains to the percentage of the building and he stated that
would take precedent.
13. ADJOURNMENT
There being no further business, the meeting was adjourned at approximately 8:15 p.m.
Minutes transcribed and submitted by,
-~-~1~'
Kathy Wo dford
Administrative Assistant, Public Works/Planning
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ 93- 45
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING
A REQUEST FOR A VARIANCE AS AUTHORIZED BY 14.20.180 OFF THE KENAI ZONING CODE.
for Variance Permit for house addition
located 1201 Lilac Place, Lot 26, Block 1, Bush Lanes Subdivision
applicant Jack and Mary Keck
WHEREAS, the Commission finds that Section 14.20.180 provides that a variance
from the strict provisions of the zoning code may be granted by the Commission
if all conditions specified in 14.20.180 are met, and
WHEREAS, the Commission finds: .
1. That an application meeting the re rements for a variance has been -
submitted and received on 10 / 1~~9 3
2. That this request is located on land zoned RS (Suburban Residential)
3. That the applicant seeks a variance from the specified requirement of the
Zoning Code:
KMC 14.20.050(d)(1)
4. That the following conditions have been found to exist:
a. Special conditions or circumstances are present which are peculiar
to the land or structures involved which are not applicable to other
lands or structures in the same Zand use or zoning district.
b. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do
not merely constitute pecuniary hardship or inconvenience.
c. The granting of the varia.~ce does not authorize a use that is not a
permitted principal use in the zoning district s.n which the property
is located.
d. The granting of the variance is the minimum variance that will
provide for the reasonable use of the Zand and/or structure.
e. The granting of the variance is not based upon other non-conforriring
Zand uses or structures within the sale Zand use or zoning district.
5. That a duly advertised Public Hearing, meeting the requirements of Section
14.20.280 has been held by the Commission on 10 / 2 7 / 9 3
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City
of Kenai that the conditions specified in 14.20.280 (c) have been shown to exist,
and therefore, grants this variance.
PASSED, by the Planning and Zoning Commission of the City of Kenai, Alaska the
27th day of October , 1993.
ATTEST: Planning Secretary CHAIRPERSON
STAFF REPORT
To: Planning & Zoning Commission
Date: October 12, 1993
Prepared by: Jack La Shot
Resolution No. PZ 93-45
GENERAL INFORMATION
Applicant: Jack and Mary Keck
_ 1201 Lilac Place
Kenai, AK 99611 '
Requested Action: Variance Permit to exceed allowable lot coverage and
to encroach into a front yard setback.
Legal Description: Lot 26, Block 1, Bush Lane Subdivision
Existing Zoning: RS -Suburban Residential
Current Land Use: Residential
ANALYSIS
The Keck's want to build a 210 sf. addition onto their house. Currently, the existing
house covers 31.8% of the lot. The code allows 30% coverage. With the new
addition, the coverage would 34.7%. Also, the new addition would extend 1.5 ft. into
the 25 ft. front yard setback. Currently, the house encroaches into the 25 ft. setback
along Lilac Street (corner lot). The request, in actuality, is to increase or expand an
existing non-confirming "grand-fathered" structure.
RECOMMENDATIONS
K.M.C. 14.20.050(d)(1) states "No such structure may be enlarged or altered in any
way which increases its non-conformity." The City Attorney has advised me that this
means the owners can not expand "as a matter of right," however, the variance
procedure could be used to expand, if granted. The criteria granting a variance would
have to be met.
ATTACHMENTS
a. Public Hearing Notice
b. Application
c. Keck's letter
d. Site plan
CITY OF KENAI
PUBLIC HEARING NOTICE
Notice is hereby given that a petition for a Variance Permit, under KMC 14.20.180
has been submitted by Jack and Mary Keck, Lot 26, Block 1, Bush Lane
Subdivision within the City of Kenai.
A public hearing on this Variance Permit will be held by the Kenai Planning & Zoning
Commission on Wednesday, October 27, 1993, commencing at 7:00 p.m. in the City
Hall Council Chambers, Kenai, Alaska.
Anyone wishing to present testimony concerning this matter should do so at this
hearing or submit written comments to the City of Kenai, Planning Commission, 210
Fidalgo, Suite 200, Kenai, AK 99611-7794 prior to October 27, 1993. For more
information please contact Jack La Shot at 283-7933.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY
WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY.
CITY OF KENAI
8 I C E V T E V N I A L
yi~ayewrll~a~ tL'i~m~a~u~i/~e~
DATE : ~ ~ -- ~ 1 ~ 3
210 Fidalgo Avenue
Kenai, Alaska 99611
TELEPHONE 283-7535
FAX 907-283-3014
APPLICATION FOR VARIANCE PERIYIIT
NAME: ~JL~..C. I'C~ Q NcI ~CthN ~ ~ ,~~ c.~S PHONE: ~.3 ' ~ g ~~~
MAILING ADDRESS: ~ ~ ,'1 ` ~/~ ~~ ~G~-[.. ~ Gtr ~ ~t~NGLI~ ~ I5 q ~ b l~
T'c6N'~ la cus as k Noviv~~
LEGAL DESCRIPTION OF PROPERTY INVOLVED:gicSh l..a.~v~ ,5uba~i~ . ~,o~'olb. B1K- I
ZONING DISTRICT (Circl one): C RR RR-1 RR-2_RS-1 RS-2 RU/TSH
C~ CC CG IL IH R
Section 14.20.180 of the Kenai Municipal Code outlines regulations
for Variance Permits which is the relaxation of the Development
Requirements Table to provide relief when the literal enforcement
would deprive a property owner of the reasonable use of his real
property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE
READ AND UNDERSTAND THESE CONDITIONB.
1. _~~ Provide a site plan of the property including location of
all existing and proposed buildings or alterations,
elevations of such buildings or alterations, and such
data as may be required.
2 , ~ A Public Notification and Hearing is required before the
issuance of this permit. A $100.00 non-refundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached procedure sheet)
3, ~ Special conditions or circumstances are present which are
peculiar to the land or structures involved which are not
applicable to other lands or structures in the same land
use or zoning district.
4, ~ The special conditions or circumstances have not been
caused by actions of the applicant and such conditions
and circumstances do not merely constitute a monetary
hardship or inconvenience.
VARIANCE APPLICATION
Page 2
5. -1-~ The granting of the variance does not authorize a use
that is not a permitted principal use in the zoning
district in which the property is located.
6. ~ The granting of the variance is the minimum variance that
will provide for the reasonable use of the land and/or
structure.
7. t~ The granting of a variance shall not be based upon other
non-conforming land uses or structures within the same
land use or zoning district.
ADDITIONAL COMMENTS:
Applicant's Signat
Attest:
Approved:
CHAIRPERSON
Loretta E. Harvey, Secretary
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LOT COVERAGE 31.87
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Prepared Fa:
Mory Keck
LEGEND AND NOTES 1201 Lilac St.
Kenai, AK 99611
f0UN0 2" MON. IN MON BOX
• Found 1/2" Rebor
Septic Vent
® Wet PLOT PLAN
() Indieotes Record Datum SCAIF
~ Meter Pole 1" =30' LOT 26 BLOCK 1
BUSH LANES SUBDIVISION
1) Il is the raepaneibYity of the owner or twYdtr, prWr to
conNruetfon, to veNly proposed EuYdlnq grode relolM to
McLane & Associates
linhhee grotle ontl ulYltks coon«tlons, antl le tletermine the
eRhtenee el any eosemenls. eeVenante, or reslrlellans wnlM do 0 P.O. Box 488
not appear on Me r«arded wlbMNan plot.
Soldotna, Ak 99669
_) It If the prapRty owner's reeponsbYty to here /he properly eemers
phydCOlly I«ale0 and mocked OY o flute ngNlered lond surveyor
M/B / /
10 07 93
ontl leaks eun Mel the slruelun fs «ewelNy ploeetl an the site es ORANIV Br. oA~.
psr Me sutsnfllW Nts pan.
3) n,is drawing OepiNS i>r«onseruefion eonMllons ea identlfNd •y the C~~O er. MSM ORAIINNG Na: 931506
owner p lwYdM Ond wYl not wffks M On ds-twYl representNq
peat contruetion eantlitione.
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KENAI PENINSULA BOROUGH
144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599
BUSINESS (907) 262-4441
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October 21, 1993
Jack LaShot
City of Kenai
210 Fidalgo
Suite 200
Kenai, Alaska
Dear Mr. LaShot:
99611
DON GILMAN
MAYOR
RE: Variance Permit
The Kenai Peninsula Borough reviewed the Variance Permit requested
by Jack & Mark Keck (Lot 26, Block 1, Bush Lane Subdivision) as
submitted to the City of Kenai.
This Department does not object to the requested petition.
Thank you for the opportunity to comment.
Sincerely,
~~,~.~._
Richard P. Troeger
Planning Director
CITY OF KENAI
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014 ~
~~~,ca
'III~1
1992
October 22, 1993
Teresa Werner-Quade
409 McCollum Drive
Kenai, AK 99611
RE: APPOINTMENT/PLANNING & ZONING COMMISSION
City of Renai
At their regular meeting of October 20, 1993, the Kenai City
Council confirmed your appointment to the City of Kenai Planning
& Zoning Commission.
Information in regard to your appointment is enclosed:
1. KMC 14.05 entitled, Planning & Zoning Commission.
2. KMC Chapter 1.90 entitled, "Standard Procedures for
Commissions and Committees."
3. Policy regarding boards, commission and committees
needing Council approval to request donations from the
public and businesses.
The Planning & Zoning Commission meetings are held on the second
and fourth Wednesday of each month, at 7:00 p.m. in the City Hall
Council Chambers. The next meeting of the Planning & Zoning
Commission is scheduled for October 27, 1993. Informational
packets will be mailed prior to each meeting.
If you have any questions, please contact this office. Thank you
for your interest in serving the City of Kenai.
CITY OF KENAI
Car L. Freas
City Clerk
clf
Enclosures
PLANNING AND ZONING COMMISSION
MEETING DATE ~~jj~~
a~'
G''
~ti
ROLL CALL
r~e~, ~-~--
~eEk c~uu~l.p 1 / ~)
~I 1
Charlie Pierce 2 ~ 2
Carl Glick ~ 3 3
Ron Goecke r/ ~ 4
Lori
McComsey /
y 5
Kevin Walker ~/ y 6
Phil Bryson* i/
Councilman
Smalley
^LQn1. {.. vv~.c
TO DO LIST: