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HomeMy WebLinkAbout2012-09-12 Planning & Zoning MinutesCITY OF KENAI PLANNING & ZONING COMMISSION SEPTEMBER 12, 2012 7:00 P.M. CITY COUNCIL CHAMBERS VICE -CHAIR HENRY KNACKSTEDT, PRESIDING MINUTES 1. CALL TO ORDER: Chair Knackstedt called the meeting to order at approximately 7:00 p.m. 1 -a. Pledge of Allegiance Chair Knackstedt led those assembled in the Pledge of Allegiance. 1 -b. Roll Call Roll was confirmed as follows: Commissioners present: Commissioners absent: Staff /Council Liaison present: A quorum was present. 1 -c. Agenda Approval MOTION: Vice -Chair H. Knackstedt, C. Smith, J. Rowell, K. Peterson, P. Bryson J. Twait (excused) City Planner M. Kebschull, Planning Assistant, N. Carver Commissioner Bryson MOVED to approve the agenda as presented and Commissioner Peterson SECONDED the motion. There were no objections. SO ORDERED. 1 -d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Rowell SECONDED the motion. There were no objections. SO ORDERED. 1 -e. *Excused Absences • Chairman Twait Approved by consent agenda. *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 -- August 22, 2012 Approved by consent agenda. 3. SCHEDULED PUBLIC COMMENT -- None. 4. CONSIDERATION OF PLATS 4 -a. PZ12-28 - Preliminary Plat - Stock Subdivision 2012 Replat - A replat of Lot 4, Block One, Stock Subdivision and Lot 2, Dunkley Subdivision. Plat submitted by Integrity Surveys, 43335 K -Beach Road, Suite 10, Soldotna, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12 -28 with staff recommendations and Commissioner Smith SECONDED the motion. Kebschull reviewed the staff report included in the packet, recommending approval with the following requirements: Prior to recording final plat, arrangements must be made with the City of Kenai for payment of assessments for the James Street Local Improvement District. Knackstedt opened the meeting to public hearing. VOTE: MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS 5 -a. MOTION: PZ12 -20 - A resolution of the Kenai Planning and Zoning Commission recommending Kenai City Council amend Kenai Municipal Code Section 14.20.320, "Definitions," to add definitions for uses listed in KMC 14.22.010, "Land Use Table" and to amend other existing definitions. Commissioner Smith MOVED to approve PZ12-20 and Commissioner Rowell SECONDED the motion. Kebschull reviewed the staff report included in the packet, and explained the changes being made. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 2 Knackstedt opened the meeting to public hearing. There being on one wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 5 -b. PZ12-26 - An application for an Encroachment Permit for front and rear setbacks for the property known as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12 -26 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission needed to establish a finding that all the following conditions exist as a prerequisite to issuance of an encroachment permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. Property is a corner lot with 2 -25 -foot front setbacks, 20 -foot rear setback, and a 15 -foot side setback. As -built of property shows the setbacks for structures on lot that confirms two encroachments exist. 2. The encroachment does not encroach upon a Federal, State or City right - of -way or utility easement. The encroachments do not encroach into any right -of -ways or utility easements. 3. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. Residences are a permitted use in the Rural Residential 1 zone. Garages are accessory structures and permitted with a principal structure. 4. The encroachment is not located across a platted lot line. The encroachments are not located across a platted lot line. There are discrepancies between the City and Borough records as to when the house was constructed. However, the construction was done prior to the City assuming zoning powers in 1984 and is considered a non - conforming use as defined in KMC 14.20.050. The garage was constructed in 1990, the building permit for the garage did not specify the setbacks for the zone, but the setbacks for the Rural Residential zones have not change. Both structures have existed as non - conforming for many years. Issuance of the encroachment permit should not adversely affect neighboring properties. The application as submitted meets the requirements of KMC 14.20.185 recommend PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 3 approval. Knackstedt opened the meeting to public comment. Mr. and Mrs. Martin, 1003 Aliak Drive, Kenai, Owners. Was not aware a building permit was required and they want to comply. • Commissioner Bryson asked if the garage drawings were correct. Mr. Martin explained the breezeway terminated at the roof of the garage. • Commissioner Peterson asked staff if there had been any complaints from the neighbors. Kebschull said the City had received no complaints. There being on one else wishing to speak, the public hearing was closed. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 5 -c. PZ12-27 - An application for a Variance Permit for a rear setback variance for the property known as Lot 5, Keith Subdivision (1003 Aliak Drive), Kenai, Alaska. Application submitted by Walter G. Martin, 1003 Aliak Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ12-27 and Commissioner Smith SECONDED the motion. City Planner Kebschull reviewed the staff report included in the packet, noting the Commission needed to establish a finding that all the following conditions exist as a prerequisite to issuance of a variance permit: 1. 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. A building permit for the garage was issued in 1990. For unknown reasons the setbacks for the zone were not noted on permit. The garage was constructed into the rear setback. All other setbacks are met. 2. 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. Applicant did not build the garage, but would like to build a carport attached to the garage. Because the garage was built into the setback, a variance to build the carport into the rear setback must be approved prior to a building permit being issued. 3. 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. Garages and carports are accessory uses to the permitted residential use in the Rural Residential 1 zone. 4. The granting of the variance is the minimum variance that will provide PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 4 for the reasonable use of the land and /or structure. Attaching the carport to the garage appears to meet the requirement of a minimum variance. Allowing the carport construction as an attachment to the garage will maintain the existing setback. 5. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. Granting the variance is not based on any other non - conforming land uses or structures. The applicant purchased the property approximately five years ago. The applicant started construction of the carport with the understanding that all structures complied with City of Kenai codes. The applicant was contacted by the City's Building Official, stopped construction and applied for the necessary permits. The applicant is hoping to obtain an encroachment permit (PZ12 -26) for the existing structures to clear up the non - conforming status. If the permit is approved, the applicant is seeking a variance to allow construction of the carport which will be attached to the garage. Based on the as -built survey the variance would be for approximately 9.6 feet into the rear setback. The garage has existed in this location since 1990 and has not adversely affected the neighboring properties. Granting the variance for the carport should not adversely affect the adjoining properties. The application, as submitted, appears to meet the criteria for a variance. Recommend approval with the following requirement: Variance is contingent upon approval of PZ12 -26, Encroachment permit. Knackstedt opened the meeting to public hearing. There being on one wishing to speak, the public hearing was closed. • Commissioner Bryson noted the proposed construction will not have any further impact on the neighbors, and is in favor of the motion. VOTE: MOTION PASSED UNANIMOUSLY. Knackstedt read the appeals process procedure. 6. UNFINISHED BUSINESS- -None. 7. NEW BUSINESS: 7 -a. Holiday Meeting Schedule - Discussion/Recommendation. Commission would like to submit a request to the Clerk to cancel the December 26, 2012 P &Z meeting. 7 -b. *PZ12 -29 - Home Occupation Permit (Massage Therapy) for the property known as Lot 35, Block 1, Redoubt Terrace Subdivision (1608 Tanaga Avenue). Application submitted by Christine Morin, 1608 Tanaga Avenue, Kenai, Alaska. • Approved by Consent Agenda. PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 5 8. PENDING ITEMS -- None. 9. REPORTS 9 -a. City Council -- No report. 9 -b. Borough Planning -- Commissioner Bryson reviewed the August 27, 2012 Borough Platting /Planning Commission meeting. 9 -c. Administration -- Council passed both earlier Ordinance ( #2648 -2012 86 2649 -2012) at their last meeting. 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS -- None. 12. NEXT MEETING ATTENDANCE NOTIFICATION 12 -a. September 26, 2012 Commissioner Bryson requested an excused absence from the November 14th 86 December 12th meetings. 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:34 p.m. Mi_ ut - s prepar AL44 N L.1 19° Nancy C. : ", Planning 86 Zoning Assistant and submitted by: PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 12, 2012 PAGE 6