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HomeMy WebLinkAbout2009-11-10 Planning & Zoning Minutes1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda d. *Excused Absences CITY OF KENAI PLANNING ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS November 10, 2009 7:00 p.m. *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. *October 28, 200 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. CONSIDERATION OF PLATS: a. PZ09 -49 Preliminary Plat Lot 1 A, Black Gold Estates Bock Replat A resubdivision of Lot 1, Block 2 Black Gold Subdivision and the W 1/2, SE 1 /4, NW 1/4, S25, T6N, R12W Seward Meridian. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: (Testimony limited to 3 minutes per speaker.) a. PZ09 -48 Encroachment Permit (17' Rear Yard) Lot 17, Block 2, Inlet View Subdivision —1 Revision 405 Rogers Road. Application submitted by Mark Diana Murrieta, 405 Rogers Road, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Tideland Application for Shore Fishery Discussion/Recommendation. 8. PENDING ITEMS: a. PZ09 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 11. INFORMATION ITEMS: a. "Zoning Bulletin" October 10 September 10, 2009 b. Kenai City Council Roster 12. COMMISSION COMMENTS QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting Proposed Amendment KMC 14.20.250 Front Yard Parking CITY OF KENAI PLANNING ZONING COMMISSION CITY COUNCIL CHAMBERS NOVEMBER 10, 2009 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Twait called the meeting to order at approximately 7:00 p.m. 1 -a. Roll Call Roll was confirmed as follows: Commissioners present: K. Rogers, G. Brookman, K. Koester, S. Romain, R. Wells, J. Twait Commissioners absent: P. Bryson Staff /Liaison Present: City Planner M. Kebschull, Council Member R. Molloy A quorum was present. 1 -b. Agenda Approval The following additions to the packet were noted: Add to: MOTION: Item 5 -a 11/9/09 K. Gifford letter of opposition. Commissioner Romain MOVED to approve the agenda with the addition of the Gifford letter of Item 5 -a. Commissioner Wells SECONDED the motion. VOTE: There were no objections. SO ORDERED. 1 -c. Consent Agenda MOTION: Commissioner Brookman MOVED for approval of the consent agenda as presented and Commissioner Wells SECONDED the motion. VOTE: PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 1 There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES October 28, 2009 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT (10 Minutes) None. ITEM 4: CONSIDERATION OF PLATS 4 -a. PZ09 -49 Preliminary Plat Lot 1A, Black Gold Estates Bock Replat A resubdivision of Lot 1, Block 2 Black Gold Subdivision and the W x /2, SE 1 /4, NW 1 /4, S25, T6N, R12W Seward Meridian. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebshull reviewed the staff report which was included in the packet, noting the following: If approved, the plat would combine a large parcel with a small parcel to create one large parcel. The properties were zoned Suburban Residential. The resulting lot size would meet the minimum lot size for the zones. City water and sewer were not available. Access to the property was off Alpine Avenue, which was an undeveloped Building permits would not be issued for the property until the access was developed to City standards. The plat notes should be corrected to indicate City of Kenai development requirements. It was unclear whether the plat would be finalized as the owner had been made aware upgraded (to City standards) access on Alpine Avenue would be required prior to any building permits being issued. street. Twait read the public hearing rules. The floor was opened for public hearing. There being..no_ one mwishing..to- speak,wthe.public hearing was ,_closed, MOTION: Commissioner Romain MOVED to approve Preliminary Plat, Lot 1A, Black Gold Estates, Bock Replat /a resubdivision of Lot 1, Block 2 Black Gold Subdivision and the W 1 /2, SE 1 /4, NW 1 /4, S25, T6N, R12W Seward Meridian, with the staff recommendations included. Commissioner Brookman SECONDED the motion. A brief discussion followed related to access to the property during which Kebschull restated Alpine Avenue would need to be upgraded to city standards before any PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 2 Rogers Yes Brookman Yes Koester Yes Romain Yes Wells Yes Twait Yes Bryson Absent building permits would be issued and if approved and the plat was not finalized, the issue would be moot. VOTE: MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS (Testimony limited to 3 minutes per speaker. 5 -a. PZ09 -48 Encroachment Permit (17' Rear Yard) Lot 17, Block 2, Inlet View Subdivision 1st Revision 405 Rogers Road. Application submitted by Mark Diana Murrieta, 405 Rogers Road, Kenai, Alaska. Kebschull reviewed the extensive staff report included in the packet, noting the following: The applicant began building a 10'x12' storage (120 square feet) with a playhouse on top of the shed. The City notified the applicant a building permit was required due to the size of the shed. Photographs were taken of the shed and were included in the packet. The code was reviewed with the applicant and the code information was included in the packet. Construction was begun, which required an encroachment permit was required. The structure did not meet the criteria of Ordinance No. 2340 -2008, which allowed for storage sheds up to 200 square feet, with no side or end longer than sixteen feet and not more than one story in height to be built into the rear setback but required a five foot setback. The ordinance also specified the height for one story as twelve feet. The structure did not meet the criteria for the exception because it was over one story, placed approximately three feet from the lot line, and was being built for mixed use (shed /playhouse). Because-it-did not- meet any of the criteria an encroachment permit was required. The Building Official noted it was mixed occupancy and would require a one -hour rated wall. The Commission needed to determine if the structure met the criteria of KMC 14.20.185(d) for issuance of an encroachment permit (it appeared it did). The owner began construction without contacting city officials to learn whether a building permit was required. Options would include removing the top structure or remove the structure altogether. Height and mixed use was the problem. PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 3 Upon review, staff recommendation was to deny the permit, however if it would receive Commission approval, staff recommended the record show that without an as -built survey, the distance from the rear lot line was estimated at three feet. The floor was opened to public hearing. Diana Murrieta, 405 Rogers Road, Kenai Murrieta (applicant) noted the following: She and her husband were the owners of the property. Her husband, a carpenter, was building the shed and did not realize a building permit was required. Because the property was a corner lot, it did not allow much space for their child to play. The structure was incidental to the primary construction. The structure could not be moved as it was on permanent foundation. If the top portion was removed, it would render the removed building materials unusable. One -hour sheetrock could added. She discussed the structure with their immediate neighbors and they had no problem with it. She felt the structure would not have an adverse effect on the neighborhood. The structure would be painted to match the existing home. Bill Osborn, 423 Rogers Road, Kenai Spoke in opposition to the permit application, stating he believed a message needed to be sent to residents that the rules and regulations apply and he hoped the permit would be denied. There being no one else wishing to speak, the public hearing was closed. MOTION: Commissioner Romain MOVED to approve Resolution PZ09-48 and Commissioner Wells SECONDED the motion. Commissioner comments included: Were there other storage sheds in the area. Kebschull noted, that was not-known,, Question of whether a roof was on the shed. Kebschull noted a stop work order had been issued and no further work was to have been done; a tarp was on it; the picture included in the packet was taken after the stop -work order was issued. A comment spoken from the audience by the applicant indicated a roof had been placed on the structure. Question of whether the structure was obstructing anyone's view. Kebschull answered no and referred to the picture included in the packet indicating how close the structure was to the adjacent property. Would not support due to the lengthy discussion related to structure height when developing the amendment to KMC 14.20.185. PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 4 Rogers No Brookman No Koester No Romain No Wells No Twait No Bryson Absent Rogers Yes Brookman Yes Koester Yes Romain Yes Wells Yes Twait Yes Bryson Absent Would not support because the owner did not inquire whether a building permit would be needed or not. Agreed with other comments and also would not support due to the structure being too close to adjacent properties. VOTE: MOTION FAILED UNANIMOUSLY. Twait stated the applicant would have 15 days in which to appeal the decision of the Commission and appeal would need to be filed with the City Clerk. ITEM 6: OLD BUSINESS None. ITEM 7: NEW BUSINESS 7 -a. Discussion /Recommendation Tideland Application for Shore Fishery Kebschull reviewed her memorandum included in the packet noting the following: City administration had received a letter from Laura Macabee who expressed interest in obtaining a shore fishery lease. Kenai Municipal Code directed that before accepting applications to lease tidelands, the area involved must be classified for leasing by the City Council with the approval of the Planning and Harbor Commissions, etc. The issue had been before the Harbor Commission who recommended the tidelands be leased. The tideland property is offshore in the Section 36 vicinity. If Council decides the property to be available for lease, a lease application would be brought back to the Commission for consideration prior to moving on to the Council for its consideration. MOTION: Commissioner Romain MOVED the Planning 86 Zoning Commission recommend to Council the tidelands be made available for lease. Commissioner Brookman SECONDED the motion. VOTE: PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 5 MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS 8 -a. PZO9 -18 A resolution of the Planning Zoning Commission of the City of Kenai, Alaska, recommending to the Council that Title 14 be amended to establish the MAPS Special Zoning District and various parts of the Kenai Zoning Code be amended by adding the provisions to encompass the new zone. ITEM 9: REPORTS 9 -a. City Council Council Member Molloy reviewed the action agenda of the November 4, 2009 council meeting which was included in the packet. 9 -b. Borough Planning No report. 9 -c. Administration Kebschull noted the following items: Reminded all the November 25, 2009 Commission meeting had been cancelled. Would distribute travel information to the commissioners who would be attending the training in Anchorage during the AML Conference. Would be out of the office from November 24 to December 1, 2009. ITEM 10: None. ITEM 11: 11 -a. 11 -b. ITEM 12: MOTION: PERSONS PRESENT NOT SCHEDULED (3 Minutes) INFORMATION ITEMS "Zoning Bulletin" October 10 September 10, 2009 Kenai City Council Roster ITEM 13: ADJOURNMENT COMMISSION COMMENTS it QUESTIONS Rogers Thanked those veterans in the audience for their service. Koester Also thanked the veterans: Brookman Also thanked the veterans. Wells Thanked the veterans and hoped the Fort Hood event would not happen again. Romain Also thanked the veterans. Twait Also thanked the veterans. PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 6 Commissioner Rogers MOVED to adjourn and Commissioner Brookman SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 7:40 p.m. Minutes prepared and submitted by: Carol. L. Freas, City Clerk PLANNING ZONING COMMISSION MEETING NOVEMBER 10, 2009 PAGE 7