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HomeMy WebLinkAbout1978-02-08 P&Z Minutes (2)KENAI PLANNING AND ZONING COMMISSION REGULAR MEETING FEBRUARY 8, 1978 Kenai Public Safety Building 7:00 p.m. Sharon Loosli, Chairman Presiding 1, ROLL CALL Present: Sharon Loosli, Nick Miller, John Monfor, Dwain Gibson and Phil Bryson. Absent: Sol Raymond and Cliff Heus Ex- Officio Member Present: Betty Glick Other Present: City Manager John Wise, Craig Freas, Roland Lynn, Nina Selby, Ed Selby, Pat Malone, Walt Russell, Ed Ambar.ian, Joe McCoy, Richard Smith and Attorney Jim Fisher. 2. PUBLIC HEARING A. Request to rezone W1 /2 NE1 /4 NW1 /4 and W1 /2 E1 /2 NE1 /4 NW1 /4 within Section 25, T6N, R12W, S.M. located within the City of Kenai, which is presently zoned "Suburban Residential" to "Industrial" District. Chairman Loosli opened the public hearing. Mr. Roland Lynn was present for the Kenai Native Association and stated that he would like to see some clarification of ownership of the property area shown as it looks on the map submitted that part of it is on Wildwood property. He also stated that the area proposed for the rezone is surrounded by residential property and it did not seem appropriate to have an industrial area located there. There are apartment buildings near the the proposed industrial zone and new ones are planned. Mr. Lynn stated that until this matter is further clarified, the Kenai Native Association would officially protest the rezoning. Mr. Wise brought up the fact that the request for rezoning does not meet the City requirements. The City of Kenai does not have an "Industrial" zone category. There is only a "Light Industrial" and a "Heavy Industrial" classification. Chairman Loosli asked if there was any Commission comments. Mr. Monfor said he would have to abstain from the discussion and voting due to his association with Kenai Native Association. Kenai Planning and Zoning Commission Page Two Regular Meeting February 8, 1978 2. A. Cont. Mrs. Glick had questions regarding the submitted memo from the Borough dated January 26, 1978 from Nugent. She wanted to know who the executor is mentioned in the memo and what the "Borough Selected Land Report" is. All the commission members agreed that they needed more information from the Borough regarding this rezoning. Mr. Joe McCoy arrived and the public hearing was opened again. Mr. McCoy stated that he owns land adjacent to the proposed rezoning area and has plans for a subdivision. He said he is against rezoning this area "Industrial" and would protest such a rezone as not being compatible with subdivision plans. There being no further comments from the public on this rezoning request, the public hearing was closed. Motion: Mr. Gibson moved, seconded by Mr. Miller, to table Commission action on the rezoning of W1 /2 NE1 /4 NW1 /4 and W1 /2 E1 /2 NE1 /4 NW1 /4 within Section 25, TON, R12W, S.M. located within the City of Kenai until the Commission is provided with more information from the Borough. Motion passed unanimously by roll call vote with Mr. Monfor abstaining. 3. AGENDA APPROVAL Chairman Loosli asked if there were any additions to the agenda. There were none. Motion: Mr. Bryson moved, seconded by Mr. Miller, to approve the agenda as written. Motion passed unanimously. 4. APPROVAL OF MINUTES OF JANUARY 25, 1978 Motion: Mr. Bryson moved, seconded by Mr. Monfor, to approve the minutes of the January 25, 1978 meeting. Motion passed by roll call vote. Kenai Planning and Zoning Commission Page Three Regular Meeting February 8, 1978 5. OLD BUSINESS A. Resubdivision of Lot 5O -B, Ellerman Subdivision. Chairman Loosli stated that there has been a problem with the side yard requirements between the two duplexes if the lot is divided as Mr. Williams is requesting. The Commission acknowledged the letters received from Mr. Williams and City Attorney Ernie Schlerth. Mr. Bryson said that he did not agree with the City Attorney's opinion. Mr. Miller stated that this matter seems to fall under 21.76.200(b) which states that any alterations in violation of Ordinance 21 requirements must meet minimum requirements. Based upon that, Mr. Miller said it would seem a variance procedure would be in order as the side yards between the two duplexes do not meet the minimum requirements when the lot is divided in two. Mr. Malone, representing Mr. Williams, asked what the ordinance had to say about requirements on the distance between two buildings on the same lot. He said the distance between the two duplexes are still physically the same and that all that is taking place is an imaginery line is being drawn on a piece of paper. He asked the Commission to be practical. Chairman Loosli said that the Commission has a side yard ordinance to comply with and Mr. Bryson added the reason for the ordinance is for access purposes. Chairman Loosli stated that the Commission had received a legal opinion from the City Attorney regarding grandfather rights and that in his opinion, a variance procedure in this case would not be necessary. The secretary, Mrs. Seals, was asked to read the three conditions for a variance. Motion: Mr. Bryson moved for an administrative approval from the variance procedure contingent upon the City Attorney's approval of the basis for a waiver of the variance procedure. Motion died for lack of a second. Mr. Malone was asked by Mr. Monfor why Mr. Williams did not want to go through the variance procedure. Mr. Malone said that time is a big factor for wanting to handle this matter expeditiously and that Mr. Williams has already been before Kenai Planning and Zoning Commission Page Pour Regular Meeting February 8, 1978 5. A. Cont. the Commission. Mr. Williams is trying to obtain the lot division for financial reasons and wants two different legal descriptions for the mortgage company. Motion: Mr. Gibson moved, seconded by Mr. Bryson, to approve Mr. Williams plat on the basis of the opinion of the City Attorney. Motion passed unanimously. Motion: Mr. Bryson moved, seconded by Mr. Gibson, to adopt Resolution No. PZ 78 -6 approving the resubdivision of Lot SO -B, Ellerman Subdivision subject to the following conditions: Correction of negative findings of Items 9, 10 and 11. 9. Utility easements, if required, are not shown. 10. Lots are not identified by street addresses in accordance with City Code. 11. Subject to the legal opinion of the City Attorney. Motion passed unanimously. 6, A. Lease Application: Lot 4, Block 1, CIIAP Robert Borgen. The Commission did not have any drawings or plats from Mr. Borgen. Mr. Borgen had planned to attend the meeting and did not show and no drawings had been submitted to City Hall. Motion: Mr. Miller moved, seconded by Mr. Gibson, to table any action on Mr. Borgen's lease application of Lot 4, Block 1, CIIAP, until he submits the necessary drawings and maps. Motion passed unanimously. Kenai Planning and Zoning Commission Regular Meeting February 8, 1978 Page Five 6. B. Resubdivision of Government Lot 112, Ryan Sudivision: Preliminary /Final Plat. Chairman Loosli read the Borough Planning and Zoning Commission meeting report of February 6, 1978 and their action regarding Ryan Subdivision plat. Craig Freas of Wince- Corthell was present regarding the plat. The Commission examined the plat and asked Mr. Freas about the house located on Lot 6 which extends beyond the required 25 foot set back line. Mrs. Glick mentioned that the house has been there for years and to her own personal knowledge since 1964. Mr. Miller stated that as long as the house was not altered, it has grandfather rights and a variance would not be required in such a case according to the Zoning Ordinance. Motion: Mr. Miller moved, seconded by Mr. Monfor to adopt Resolution No. PZ 78 -7 approving the resubdivision of Government Lot 112, Ryan Subdivision upon the following conditions: Correction of negative findings 4, 9 and 11. 4. Plat does subdivide a tract subject to approved special assessments. (Payment of such assessments must be allocated among the lots.) 9. Utility easements, if required, are not shown. 11. The request for administrative waiver is hereby granted as the house which extends beyond the required ZS foot set back line is and has existed before resubdivision and has grandfather rights according to Section 21.76.050(a). Motion passed by roll call vote with Mr. Bryson abstaining. 6. C. Lease Concept Application: One acre on SE Corner of Spur Road and Beaver Loop Robert Killmer 6. D. Lease Concept Application: One acre on SW Corner of Spur Road and Beaver 'oop Ro ert Killmer. The Commission decided to discuss both Items 6C and 6D as one subject as the concept lease application is for one structure to be put on either the SE or SW acre applied for, whichever if first available. Kenai Planning and Zoning Commission Regular Meeting February 8, 1978 6D and 6D Cont. Mr. Gibson asked how the Commission could act on this lease application until the lease option runs out on the Lashley application for the Serendipity Motel. Mr. Walt Russell commented that they (speaking for Mr. Killmer) needed to get the concept lease application approved as soon as possible so they can get started on the construction and planning. Mr. Gibson asked Mrs. Selby is she was asking to be considered officially second in line for the lease of the SE corner property and she answered that was what they would like to establish. Mr. Gibson commented that that seemed to be an administrative decision or procedure. Chairman Loosli said the Commission could approve the concept lease on the alternative lease and have the Commission officially recognize the concept lease application of Mr. Killmer second in line for the Serendipity property. Mr. Miller commented that a building of this type would be appropriate for either acreage. Page Six Nina Selby with Executive Realty was present for the Commission's questions and she presented the Commission with drawings of the apartment -motel complex building proposed. Mr. Wise stated that there is a lease application pending for the property on the SE corner and the applicant, Mrs. Lashley has until March 6, 1978 to submit her plans. He informed the Commission that Mrs. Lashley has intentions of going ahead with her plans. Mr. Killmer's lease application is a back -up lease on this property and referred the Commission to his letter (Mr. Wise's letter) attached to the lease applications. He also commented that this is the first time a back -up lease has been applied for. Mr. Monfor asked Mrs. Selby if the building met parking requirements. Mrs. Selby said that the builder would assure adequate parking and set backs and that the lot applied for is one acre more or less. Motion: Mr. Miller moved, seconded by Mr. Bryson, to table the concept lease application for one acre on the SE corner of Spur Road and Beaver Loop by Mr. Robert Killmer until the March 8, 1978 regular meeting of the Commission. Motion passed by roll call vote. Kenai Planning and Zoning Commission Regular Meeting February 8, 1978 6C and 6D Cont. Motion: Mr. Bryson moved, seconded by Mr. Monfor, to approve the concept lease application of Mr. Killmer of the SW corner on Spur and Beaver Loop pending approval of the building inspector and with the provision that if the lease on the SE corner is approved, the SW corner property approval will elapse within thirty days. Motion passed unanimously. 6. E. Salamatof Seafoods: Request to build on Kenai City Doc Dic mit an im fisher. Mr. Smith was present to request the approval of a metal building on Salamatof Seafoods' dock lease property. Mr. Smith furnished the Commission with copies of a letter from himself, Mr. Fisher, his attorney and a drawing of the proposed location of the building and went over the drawing. He explained the sewage treatment plans and that they have met all the necessary requirements, including FDA. 7 OTHER BUSINESS Page Seven Motion: Mr. Miller moved, seconded by Mr. Gibson, to approve construction of an 80 x 100 foot metal building for which the footings have already been placed on Salamatof's lease dock property. Motion passed with Mr. Monfor abstaining. A. City Council Report: Betty Glick Councilwoman Glick reported on the February 1st City Council meeting. She stated that the Council adopted ordinances increasing revenue sharing funds in the amount of $1,750 for dry chemicals; increasing revenues in the amount of $16,754 for the Senior Citizens Program; increasing revenues in the amount of $12,700 for hiring a person to up -date the City Code. The Council voiced a non objection to a restaurant license for the Roast Beef King and a renewal of the beverage dispensary Kenai Planning and Zoning Commission Regular Meeting February 8, 1978 Page Eight 7A Cont. license for the Harbor View. The Council passed a resolution to purchase additional seats for the airport terminal; requesting assistance for flood hazard drainage study and housekeeping items. The Council approved the lease application of Mr. Borgen as presented to the Planning and Zoning Commission. 7. B. Borough Planning and Zoning Commission Report: Betty Glick Mrs. Glick reported the Borough Planning and Zoning Commission reviewed the drafts of proposed changes to the Subdivision Ordinance. The Division of Parks gave a lengthy presentation with regards to expanding and improving the present wayside parks at Clam Gulch, Ninilchik and Deep Creek and creating a new area on the Cohoe Loop. No action was taken and they will be present again at the February 27th meeting of the Commission. The Commission approved a request of the State to make Section 36 lands available for sale if deemed to be legally feasible. 7 C. Airport Advisory Committee Report: Cliff Heus Mr. Heus was not present so there was no report given. 7 D. Administrative Report There was no administrative report given. 7 H. Commission Questions and Comments The Commission discussed what the deadline should be for items for the agenda and decided that Friday at 1:00 p.m. will be the deadline set. An item will not be put on the agenda unless all the paperwork necessary is completed and received by the administration office. Some discussion was had about requirements of Planning and Zoning matters on the agenda and Mrs. Seals, secretary for the Commission was asked to draft a resolution containing procedures, requirements and information on the Commission for the Commission's review and approval. Kenai Planning and Zoning Commission Regular Meeting Pebruary 8, 1978 7E Cont. Mrs. Glick discussed the Seward Ordinance and resolution regarding subdivisions and asked the Commission members to be ready to discuss this ordinance and resolution at the up- coming work session being held March lst, 1978 with the City Council. 8. ADJOURNMENT Motion: Mr. Miller moved, seconded by Mr. Bryson, to adjourn the Commission meeting of February 8, 1978. Motion passed unanimously. There being no further business, the meeting adjourned at 9:50 p.m. Respectfully submitted, 4 Noreen L. Seals, Planning Secretary Page Nine