HomeMy WebLinkAbout2015-04-22 Planning & Zoning Packet CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
APRIL 22, 2015 - 7:00 P.M.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*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. *April 8, 2015 ............................................................................................... Pg. 3
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ15-04 – Application for a Conditional Use Permit for a food service restaurant-
type facility to be located on the property known as 1000 Mission Avenue, Lot
16A, Block 5, Townsite of Kenai, Kenaitze Addition. The application was submitted
by the Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska 99611 .............. Pg. 7
PZ15-04 – Application for a Variance Permit for a building in excess of 5,000
square feet per story to be located on the property known as 1000 Mission
Avenue, Lot 16A, Block 5, Townsite of Kenai, Kenaitze Addition. The application
was submitted by the Kenaitze Indian Tribe, P.O. Box 988, Kenai, Alaska 99611
PZ15-04 – Application for Review of Development in the Townsite Historical Zone
for the property known as 1000 Mission Avenue, Lot 16A, Block 5, Townsite of
Kenai, Kenaitze Addition. The application submitted by the Kenaitze Indian Tribe,
P.O. Box 988, Kenai, Alaska 99611
b. PZ15-09 – Amendment to Kenai Municipal Code Chapter 12.25 Abandoned
Vehicles to amend the definition of junk vehicles and make other changes
regarding vehicle storage, repair and enforcement. ............................... Pg. 33
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess
Street,Kenai, AK 99611
[Clerks Note: At the meeting of the Planning & Zoning Commission on April 8th,
the Commission postponed PZ15-03 to the September 9, 2015 meeting.]
10. REPORTS:
a. City Council ............................................................................................. Pg. 43
b. Borough Planning .................................................................................... Pg. 47
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Building Permit Report – First Quarter 2015 ............................................ Pg. 55
b. Planning & Zoning Resolutions – First Quarter 2015............................... Pg. 56
c. Code Enforcement Report – First Quarter 2015 ...................................... Pg. 57
13. NEXT MEETING ATTENDANCE NOTIFICATION: May 13, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
APRIL 8, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commissioner Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: D. Fikes, G. Pettey, K. Peterson, J. Twait, J. Glendening,
R. Springer
Staff/Council Liaison present: City Planner M. Kelley, Council Liaison H. Knackstedt, City Clerk
S. Modigh, Planning Assistant W. Anderson
A quorum was present.
c. *Excused Absences – N. Kiel.
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda including the “Tentative Agendas for
Plat Committee and Planning Commission – April, 13, 2015 Meeting” provided as a laydown;
Commissioner Fikes SECONDED the motion. There were no objections; SO ORDERED.
e. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*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 – March 11, 2015
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Approved by the consent agenda.
3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street,
Kenai, AK 99611
City Planner Matt Kelley advised that the applicant requested to have the preliminary plat be
postponed in order to negotiate the purchase of an additional adjacent parcel which will be
included in the preliminary plat. In addition to purchasing the adjacent parcel, the applicant is
exploring the possibility of vacating additional rights-of-way. Applicant will revise the preliminary
plat when these items have been resolved.
MOTION:
Commissioner Fikes MOVED to approve Resolution No. PZ15-03 and Commissioner Peterson
SECONDED the motion.
Chairman Twait opened the public hearing; there being no one wishing to speak, the public
hearing was closed.
Commissioner Fikes MOVED to postpone Resolution No. PZ15-03 to the September 9, 2015
meeting and Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS:
a. PZ15-06 – Application for Variance Permit for a side yard setback variance for
the property known as 115 FBO Road, Lot 2, Block 2, General Aviation Apron,
submitted by Derek Litchliter, 46113 Sather Ct., Soldotna, AK 99669
City Planner Kelley reviewed his staff report provided in the packet recommending approval of
the variance with the following conditions:
• Applicant must comply with all Federal, State and Local regulations
• Applicant must obtain a building permit prior to the construction of the two T-hangers on
Planning and Zoning Commission Meeting
April 8, 2015
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the property.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-06 including staff
recommendations and Commissioner Glendening SECONDED the motion.
Chairman Twait opened the public hearing.
Greg Hess, Soar International Ministries, expressed concerns related to snow removal,
drainage issues and tie downs considering the closeness of the lot line.
Applicant Derek Leitchliter addressed the concerns of Mr. Hess to his satisfaction.
There being no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
Commissioner Twait advised of the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Council Member Knackstedt reported on the March 18, 2015 & April 1,
2015 City Council meetings.
b. Borough Planning – No report.
c. Administration – working on airport safety GIS project, reviewing a warm storage
landscape site plan for the public works department, assisting in the review of the Phase
II Airport Master Plan, and finishing review of documents for the proposed Elders Center
for the Kenaitze Tribe.
11. PERSONS PRESENT NOT SCHEDULED: None.
Planning and Zoning Commission Meeting
April 8, 2015
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12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: April 22, 2015
14. COMMISSION COMMENTS & QUESTIONS:
Commissioners Pettey, Peterson and Fikes congratulated Glendenning on his appointment to
the Borough Planning Commission, welcomed Springer to the Commission and thanked City
Planner Kelley for his assistance.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:46 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
Planning and Zoning Commission Meeting
April 8, 2015
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STAFF REPORT
To: Planning & Zoning Commission Res: PZ15-04
Date: April 22, 2015
Applicant: Kenaitze Indian Tribe 907-953-9580
P.O. Box 988
Kenai, Alaska 99611
Representative: Stan Mishin 907-953-9580
Kahtnuht`ana Development Corporation
P.O. Box 370
Kenai, Alaska 99611
Requested Action: Conditional Use Permit – Restaurant
Variance Permit – Building Size
AHRS: KEN-274 – Townsite Development Review
Legal Description: Lot 16A, Block 5, Townsite of Kenai, Kenaitze Addn.
Street Address: 1000 Mission Ave.
KPB Parcel No: 04707131
Existing Zoning: Townsite Historical District
Current Land Use: Tyotkas Elder Center
Land Use Plan: Mixed Use
ANALYSIS
GENERAL INFORMATION:
The Kenaitze Indian Tribe has submitted an application to redevelop its site
which contains the existing Tyotkas Elder Center. They have begun demolishing
the existing building which was determined to be structurally unsafe. The
applicant has proposed to construct an approximately 6,500-square-foot mixed
use commercial building. The proposed building as shown on the submitted floor
plan would contain a combination of approximately 4,900-square-feet of
community areas, library, craft areas, and office space. In addition, the proposed
floor plan contains an approximately 1,600-square-foot food preparation area
with a commercial kitchen. The applicant plans to use the commercial kitchen for
the preparation of meals for tribal elders as well as tribal events.
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PZ15-04 Staff Report
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The Land Use Table (Kenai Municipal Code (KMC) 14.22.010 provides that
approximately 4,900-square-feet of the building shall have a primary use as a
social hall. The remaining 1,600-square-foot portion of the building identified as a
food preparation area with a commercial kitchen shall have a designated
secondary use as a restaurant.
ZONING:
Townsite Historic Development
The intent of the Townsite Historic (TSH) Zoning District is to preserve the
historic nature of Old Town Kenai and to encourage development that is
compatible with the historic character of the TSH zone. The subject parcel is
located within the TSH Zoning District.1
Development criteria within the TSH Zoning District are detailed in KMC
14.20.105(c). Among the requirements are that, pursuant to KMC 14.20.105(c)(1)
“Encourage, where possible and compatible with historic character of the TSH
zone, foot traffic; restaurants, gift shops, parks, etc; indigenous Kenai Peninsula
flora; wooden structures including log style with soft colored or natural sidings”.
Also, KMC 14.20.105(c)(2) “Discourage uses which will violate the historic and
scenic quality of the TSH zone; buildings and building additions that are not
compatible with adjacent buildings or which violate the existing character and
scale of the district.”
As discussed above, the proposed Tyotkas Elder Center would consist of
commercial kitchen area and related food preparation areas as well as mixed-
use community areas. The proposed building would be constructed in a similar
architectural style to that of the Dena`ina Wellness Medical Center which is
located adjacent to the subject parcel and is also owned by the Kenaitze Indian
Tribe. The applicant has proposed to clad the building in a Laminate Panel
Siding as well as a Western Red Cedar Clapboard Siding. The colors proposed
are earth tones and in keeping with the existing Dena`ina Wellness Medical
Center and would not violate the existing character and scale of the TSH Zoning
District.
Alaska Heritage Resource Survey
KMC 14.20.105(h) requires the Planning and Zoning Commission review all
building permit applications for properties included in the Historic Preservation
Plan. During the 1995 “Kenai Townsite Historic Survey Report” (Report) the
subject parcel was identified as meeting the criteria for designation and was
issued Alaska Heritage Resource (AHRS) #KEN-274.
The Alaska Heritage Resources Survey (AHRS) is an inventory of all reported
1 KMC 14.20.105(a).
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PZ15-04 Staff Report
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historic and prehistoric sites within the State of Alaska and is maintained by the
Office of History and Archaeology. This inventory of cultural resources includes
objects, structures, buildings, sites, districts, and travel ways, with a general
provision that they are over 50 years old.
According to the Report the subject building was labeled as the Pharmacy/Jahrig
Electric Company. It is discussed within the report, that the subject parcel has
had a varied history with multiple changes to the building in its present location.
It is thought that the building was an old Northwestern Cannery building
(construction date unknown). However, it was moved up the Inlet by boat and
winched up the bluff in the late 1940’s or 1950’s, according to the report. The
report further states the original design of the building is not known as it has had
many alterations at its current location on the subject parcel. In the 1950’s a
shed-roofed addition was added to the rear elevation of the building. The subject
building was remodeled again in the 1970’s when, building wings and a
basement were added. In 1995 the report noted that a current renovation was
taking place which modified windows and door openings; removal of the rear
wing located on the south end of the building; replacement or covering of the
existing siding with half logs. In 2011 the Planning and Zoning Commission
approved PZ11-39 which authorized the issuance of an after the fact Building
Permit for a covered canopy over an existing disability access ramp. Therefore,
given the modifications to the subject building over the years and as noted in the
Report, the former Pharmacy/Jahrig Electric Company building has lost its
historic integrity due to the many modifications it has received. It should also be
noted, that according to a conversation with the Alaska Department of Natural
Resources, Office of History & Archaeology, the subject building has been noted
that it is no longer eligible for consideration on the Alaska Heritage Resources
Inventory. Thus, demolition of the existing Tyotkas Elder Center would not be a
violation of the National Historic Preservation Act or the Archaeological
Resources Protection Act.
SITE PLAN:
Setbacks
Pursuant to the Development Requirements Table in KMC 14.24.020 the setback
requirements within the TSH Zoning District are 10 feet from the front and rear
property line and 5 feet from the side property line. The subject parcel contains
three front property lines which front along Mission Avenue for a distance of 108
feet and Upland Street for a distance of 175 feet. In addition, the subject parcel
contains a third front property line which runs in a west-east direction a distance
of 104 feet along an unnamed public right-of-way.
Presently the unnamed right-of-way is used by the applicant for parking and
access to the existing Tyotkas Elder Center building.
Also presently located on directly south of the subject parcel and opposite the
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PZ15-04 Staff Report
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unnamed right-of-way is an approximately .04 acre parcel (KPB Parcel No.
04707121) which is owned by the City of Kenai. Until recently this subject parcel
contained the Tyotkas Elder Center sign.
As shown on the submitted site plan, the proposed Tyotkas Elder Center would
be constructed at a distance of 12 feet from the front property line along Mission
Avenue and at a distance of 10 feet 6 inches from the front property line along
Upland Street. Pursuant to the Development Requirements Table in KMC
14.24.020 and Footnote (1) all front property lines require a setback distance of
10 feet and that the minimum front setback is measured from any right-of-way or
access easement. Therefore, given this requirement, the 10 foot front setback
for the proposed Tyotkas Elder Center would be measured from the edge of the
5 foot Street Easement as shown on the Recorded Plat KEN: 2012-11 Townsite
of Kenai Kenaitze Addition Subdivision, for a total of 15 feet from the property
line. The proposed building as shown, on the submitted site plan, does not meet
this requirement and will need to be relocated. Staff recommends that prior to
the issuance of a building permit that the applicant submit a revised site plan
showing these changes.
Off-Street Parking
KMC 14.20.250 defines the required off-street parking and load requirements for
the proposed project. Given that the proposed Tyotkas Elder Center would
contain two uses consisting of a Primary Use of a Social Hall and a Secondary
Use of a Restaurant without fixed seating. Given the size of the proposed
building at approximately 6,500-square-feet, the required parking would be
broken down as follows pursuant to KMC 14.20.250(8):
Assembly without fixed seats: Art galleries, community/senior centers,
museums and municipal buildings: 1 per 500-square-feet of gross floor
areas. Therefore, at 4,900-square-feet of community/senior center area,
the total number of parking spaces would be 10.
Restaurants, cafes, delicatessen, eating and drinking establishments,
clubs, nightclubs and lodges, etc.: 1 per each 200-square-feet of gross
floor area or 1 per 4 seats, whichever is greater. Therefore, at 1,600-
square-feet of gross floor area for the restaurant, the total number of
parking spaces would be 8.
Off-Street Loading: One 10 feet wide and 38 feet long with a 14 feet
height clearance per building. The submitted site plan shows the location
of the proposed off-street loading area.
A total of 19 off-street parking spaces and 1 off-street loading space have been
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PZ15-04 Staff Report
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identified and shown on the submitted Landscaping Site Plan as well as on the
submitted Striping and Sign Plan. As shown on the submitted site plan, the
total number of parking spaces proposed, meets the requirements of KMC
14.20.250. It should be noted that a total of 17 parking spaces presently exist
along the northeastern property line of the subject parcel which serve the
Dena`ina Wellness Center. The design of the parking lot for the Tyotkas Elder
Center shows the driveway entrance taking access from the northeastern corner.
Landscape Site Plan
A complete set of construction drawings for the landscaping, including a planting
plan as well as a lighting and drainage plan have been reviewed and approved
by Staff, pursuant to KMC 14.25 Landscaping/Site Plan Regulations. Snow
storage areas have also been identified on the Landscape Site Plan and meet
the requirements of KMC 14.25.030(f) – Identification of on-site snow storage
areas. All snow storage is proposed to take place on site within the identified
areas.
FINDINGS
CONDITIONAL USE PERMIT FINDINGS:
KMC 14.20.150 details the intent and application process for conditional uses.
The code also specifies the review criteria that must be satisfied prior to issuing
the permit. The criterion are:
1. The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
The Townsite Historic District “is intended to provide for a mixed,
controlled use in a designated area, which will protect and enhance the
historic character of the zone. The goal of the TSH zone is to manage all
new development, reconstruction and alterations within the zone.” The
new Tyotkas Elder Center building will replace the existing building which
has been found to be structurally unsafe. A Conditional Use Permit is
required for the proposed project because the building will be a mixed use
facility containing a commercial kitchen and used to serve meals in a
restaurant-type setting. In addition, the new Tyotkas Elder Center will
provide a place for the Kenaitze Tribe to gather for social and cultural
events which will also include a library and conference/crafts area and
offices.
2. The value of the adjoining property and neighborhood will not be
significantly impaired.
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The proposed development will not impair the adjoining property in the
area and should encourage development and revitalization in the TSH
zoning district.
The proposed Tyotkas Elder Center will enhance the surrounding
neighborhood as it will replace an existing building which has been
declared structurally unsafe by and licensed engineer.
3. The proposed use is in harmony with the Comprehensive Plan.
The area is classified as Mixed Use/Townsite Historic District in the
Comprehensive Plan. Mixed Use is defined as, “The Mixed Use district
fosters a compatible mix of retail, service, office, public, institutional,
recreational and multi-family residential uses. The district does not
prescribe specific proportions for these uses, only that all these uses are
desirable within the district. Mixed uses are particularly desirable in the
Townsite Historic District and City Center overlay zone.”2
“The Kenai Townsite Historic District, comprising thirty-four properties in
the traditional townsite, was created by the City of Kenai in 1993. The
district is locally significant, but does not meet the standards for a National
Register Historic District. Several individual buildings may qualify.
The district‘s buildings span Kenai’s evolution from its origin as a
subsistence village through the Russian settlement period to today’s
modern city. Unhappily, many of the district’s oldest, most historic
buildings were lost before the city created a special zoning district and
ordinance to conserve the old townsite. The goal is to manage new
development, reconstruction, and building alterations to protect and
enhance the district’s historic character. All construction in the district
must be compatible with development criteria. Residential and business
uses are regarded as desirable and compatible mixed uses.”3
The proposed use appears in harmony with the Comprehensive Plan.
This is a mixed-use development. No historical buildings will be removed
as part of the development plan. The site has been planned to be
compatible with the development criteria for the TSH zoning district.
4. Public services and facilities are adequate to serve the proposed use.
The site is served by city water and sewer, natural gas, electric, and
telephone. The site is served by paved, maintained city streets. Public
services are adequate to serve the proposed use.
2 City of Kenai Comprehensive Plan – Page 29
3 City of Kenai Comprehensive Plan – Page 15
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5. The proposed use will not be harmful to the public safety, health or
welfare.
The new Tyotkas Elder Center will provide a public health benefit by
supporting the health and welfare of the elderly native population of the
City of Kenai. The proposed use will not be harmful to the public safety,
health, or welfare.
6. Any and all specific conditions deemed necessary by the commission to
fulfill the above-mentioned conditions should be met by the applicant.
These may include, but are not limited to measures relative to access,
screening, site development, building design, operation of the use and
other similar aspects related to the proposed use.
See Conditions of Approval below.
VARIANCE FINDINGS
KMC 14.20.180 details the intent and application process for Variance Permits.
The Code also outlines the review criteria that should be used by the Planning
and Zoning Commission to determine if a variance should be granted. The
Commission shall establish a finding that all of 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 zoning district.
The Kenaitze Indian Tribe has used the property for many years as its
Elders Center. The existing building is a one story building with an
approximate size of 4,945 square feet. The footprint of the new Tyotkas
Elder Center will be increased by 1,555 square feet to accommodate the
growth in the elderly population served by the Tribe. To better
accommodate the needs of the Tribe elders a new building is needed.
Construction of a two-story building would not serve the needed
functionally required to better serve the Tribe.
2. The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do not merely
constitute a pecuniary hardship or inconvenience.
The Kenaitze Indian Tribe has been researching this project for a lengthy
period of time and considered various options. The size of the building is
necessary to accommodate the facility. The request does not merely
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constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
The variance requested to exceed the commercial building total allowed
area of 5,000-square-feet does not authorize a use that is not a permitted
principal use in the zoning district. This is a request to relax a
development requirement for the size of the structure.
4. The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
The Kenaitze Indian Tribe has been working with a team of dedicated
architects to determine the minimum size for the building that will
accommodate all the various services. The application is based on
various codes and minimum construction standards for the various uses.
5. 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.
The requested variance is not based on other non-conforming land uses
or structures in the same zoning district.
TSH DEVELOPMENT REVIEW
The TSH zoning district development criteria restricts commercial buildings to a
total area of 5,000 square feet.
The TSH zoning district is historically significant to the City of Kenai and the
State of Alaska. In 1996, the City of Kenai enlisted consultants to conduct a
historic survey of the Townsite Historic Zoning District. That survey identified
historical themes of the area:4
Dena’ina Building Tradition: A.D. 1000-1890
Russian Exploration and Fur Trade: 1741-1866
The Russian Orthodox Church: 1841-1096 (extant properties, 1881-1906)
United States Purchase of Alaska, 1867: Fort Kenay, 1869-1870
Early Community Building Era: 1898-1926
Kenaitze Subsistence: 1900-1941
Federal Programs for Agriculture and Sustainable Resource Management:
1898-1958 (extant properties, 1935-1958)
4 “Kenai Townsite Historic District Survey Report” – Page 11
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“The Historic Townsite area sits on a bluff facing south, near the confluence of
the Kenai River and Cook Inlet.
From the period of Dena’ina occupation through the Kenaitze Subsistence Era,
village residents walked down paths from the bluff to the beach below to fish and
haul water.”5
The Kenaitze Indian Tribe is seeking a Conditional Use Permit, a Variance
Permit, and Townsite Historic District Review to allow for the construction of an
approximately 6,500-square-foot Tyotkas Elder Center.
The Tribe, the original occupants of this land, have carefully considered options
for the planned facility and determined this location and the size of the structure
meets the needs of their members. With careful and controlled site development,
as shown on the attached plans, the building can be built in the TSH zone in a
manner to preserve the integrity of the zone and to protect the cultural and
historical significance of the district.
5 “Kenai Townsite Historic District Survey Report” – Page 12
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RECOMMENDATIONS
The Planning & Zoning Administrations finds that the applicant has met the
standards for approval of the Conditional Use Permit, Variance Permit and TSH
Development Review. Staff hereby recommends that the Planning & Zoning
Commission approve the Conditional Use Permit, Variance Permit and TSH
Development Review, subject to the following Conditions of Approval:
CONDITIONS OF APPROVAL
1. Approval of PZ15-04 shall be contingent on approval of Landscape/Site
Plan PZ15-05 by the Planning & Zoning Administration.
2. Prior to commencement of construction, applicant shall be required to
obtain all appropriate Building Permits.
3. Prior to the issuance of the Building Permit for the Tyotkas Elder Center,
the applicant shall submit a revised site plan showing the location of the
building to be at a distance of 10 feet from the edge of the 5-foot Street
Easement along Mission Avenue and Upland Street for a total of 15 feet
from the property line as shown on the Plat Townsite of Kenai, Kenaitze
Addition Subdivision. Pursuant to Kenai Municipal Code 14.24.020.
4. Prior to the issuance of the Certificate of Occupancy for the Tyotkas Elder
Center, the applicant shall apply for a Conditional Use Permit for an Off-
site Parking Lot to replace the seven (7) on-site parking spaces being
removed to accommodate the driveway entrance located on the adjacent
parcel containing the Dena`ina Wellness Center.
5. Prior to the issuance of a Certificate of Occupancy for the Tyotkas Elder
Center, applicant shall pave the proposed parking areas around the
Tyotkas Elder Center. All paving shall be approved by the City of Kenai,
Public Works Department.
6. Connections to Water and Sewer Utilities shall be approved by the Public
Works Department.
7. Prior to the construction and placement of a new sign for the Tyotkas
Elder Center, property owner shall apply for a Sign Permit.
8. Applicant shall file an annual report for the Conditional Use Permit as set
forth in KMC 14.20.156.
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ATTACHMENTS:
1. Resolution No. PZ15-04
2. Applications
3. Drawings
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-04
CONDITIONAL USE PERMIT, VARIANCE,
TOWNSITE HISTORIC DISTRICT REVIEW
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT, VARIANCE
AND A TOWNSITE HISTORIC DISTRICT REVIEW FOR THE CONSTRUCTION OF A
6,500-SQUARE-FOOT MIXED USE SOCIAL HALL WITH A DINING FACILITY,
COMMUNITY AREA, LIBRARY, CONFERENCE/CRAFT AREA AND OFFICE AREAS
TO SERVE AS THE TYOTKAS ELDER CENTER.
APPLICANT: KENAITZE INDIAN TRIBE
ADDRESS: P.O. BOX 988, KENAI, ALASKA 99611
PROPERTY ADDRESS: 1000 MISSION AVENUE, KENAI, ALASKA 99611
LEGAL DESCRIPTION: LOT 16A, BLOCK 5, TOWNSITE OF KENAI, KENAITZE
ADDITION SUBDIVISION
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04707131
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Sections 14.20.105, 14.20.150
and 14.20.180 of the Kenai Municipal Code has been submitted and received on
March 13, 2015;
2. This request is located on land zoned as Townsite Historic District.
3. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on April 22, 2015.
4. The Planning & Zoning Commission has found that the applicant has
demonstrated with plans and other documents and has found which are a
prerequisite to issuance of a Conditional Use Permit, Variance and a Townsite
Historic Development Review have been met, as follows:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 18 of 58
Page 18 of 58
CONDITIONAL USE PERMIT FINDINGS:
KMC 14.20.150 details the intent and application process for conditional uses. The
code also specifies the review criteria that must be satisfied prior to issuing the permit.
The criterions are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The Townsite Historic District “is intended to provide for a mixed, controlled use
in a designated area, which will protect and enhance the historic character of the
zone. The goal of the TSH zone is to manage all new development,
reconstruction and alterations within the zone.” The new Tyotkas Elder Center
building will replace the existing building which has been found to be structurally
unsafe. A Conditional Use Permit is required for the proposed project because
the building will be a mixed use facility containing a commercial kitchen and used
to serve meals in a restaurant-type setting. In addition, the new Tyotkas Elder
Center will provide a place for the Kenaitze Tribe to gather for social and cultural
events which will also include a library and conference/crafts area and offices.
2. The value of the adjoining property and neighborhood will not be significantly
impaired.
The proposed development will not impair the adjoining property in the area and
should encourage development and revitalization in the TSH zoning district.
The proposed Tyotkas Elder Center will enhance the surrounding neighborhood
as it will replace an existing building which has been declared structurally unsafe
by and licensed engineer.
3. The proposed use is in harmony with the Comprehensive Plan.
The area is classified as Mixed Use/Townsite Historic District in the
Comprehensive Plan. Mixed Use is defined as, “The Mixed Use district fosters a
compatible mix of retail, service, office, public, institutional, recreational and
multi-family residential uses. The district does not prescribe specific proportions
for these uses, only that all these uses are desirable within the district. Mixed
uses are particularly desirable in the Townsite Historic District and City Center
overlay zone.”1
“The Kenai Townsite Historic District, comprising thirty-four properties in the
traditional townsite, was created by the City of Kenai in 1993. The district is
locally significant, but does not meet the standards for a National Register
Historic District. Several individual buildings may qualify.
1 City of Kenai Comprehensive Plan – Page 29
Page 19 of 58
Page 19 of 58
The district‘s buildings span Kenai’s evolution from its origin as a subsistence
village through the Russian settlement period to today’s modern city. Unhappily,
many of the district’s oldest, most historic buildings were lost before the city
created a special zoning district and ordinance to conserve the old townsite. The
goal is to manage new development, reconstruction, and building alterations to
protect and enhance the district’s historic character. All construction in the
district must be compatible with development criteria. Residential and business
uses are regarded as desirable and compatible mixed uses.”2
The proposed use appears in harmony with the Comprehensive Plan. This is a
mixed-use development. No historical buildings will be removed as part of the
development plan. The site has been planned to be compatible with the
development criteria for the TSH zoning district.
4. Public services and facilities are adequate to serve the proposed use.
The site is served by city water and sewer, natural gas, electric, and telephone.
The site is served by paved, maintained city streets. Public services are
adequate to serve the proposed use.
5. The proposed use will not be harmful to the public safety, health or welfare.
The new Tyotkas Elder Center will provide a public health benefit by supporting
the health and welfare of the elderly native population of the City of Kenai. The
proposed use will not be harmful to the public safety, health, or welfare.
6. Any and all specific conditions deemed necessary by the commission to fulfill the
above-mentioned conditions should be met by the applicant. These may include,
but are not limited to measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the
proposed use.
See Conditions of Approval below.
VARIANCE FINDINGS:
KMC 14.20.180 details the intent and application process for Variance Permits. The
Code also outlines the review criteria that should be used by the Planning and Zoning
Commission to determine if a variance should be granted. The Commission shall
establish a finding that all of 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 zoning district.
2 City of Kenai Comprehensive Plan – Page 15
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Page 20 of 58
The Kenaitze Indian Tribe has used the property for many years as its Elders
Center. The existing building is a one story building with an approximate size of
4,945 square feet. The footprint of the new Tyotkas Elder Center will be
increased by 1,555 square feet to accommodate the growth in the elderly
population served by the Tribe. To better accommodate the needs of the Tribe
elders a new building is needed. Construction of a two-story building would not
serve the needed functionally required to better serve the Tribe.
2. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
The Kenaitze Indian Tribe has been researching this project for a lengthy period
of time and considered various options. The size of the building is necessary to
accommodate the facility. The request does not merely constitute a pecuniary
hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
The variance requested to exceed the commercial building total allowed area of
5,000-square-feet does not authorize a use that is not a permitted principal use in
the zoning district. This is a request to relax a development requirement for the
size of the structure.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
The Kenaitze Indian Tribe has been working with a team of dedicated architects
to determine the minimum size for the building that will accommodate all the
various services. The application is based on various codes and minimum
construction standards for the various uses.
5. 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.
The requested variance is not based on other non-conforming land uses or
structures in the same zoning district.
TSH DEVELOPMENT REVIEW:
The TSH zoning district development criteria restricts commercial buildings to a total
area of 5,000 square feet.
The TSH zoning district is historically significant to the City of Kenai and the State of
Alaska.
Page 21 of 58
Page 21 of 58
In 1996, the City of Kenai enlisted consultants to conduct a historic survey of the
Townsite Historic Zoning District. That survey identified historical themes of the area:3
Dena’ina Building Tradition: A.D. 1000-1890
Russian Exploration and Fur Trade: 1741-1866
The Russian Orthodox Church: 1841-1096 (extant properties, 1881-1906)
United States Purchase of Alaska, 1867: Fort Kenay, 1869-1870
Early Community Building Era: 1898-1926
Kenaitze Subsistence: 1900-1941
Federal Programs for Agriculture and Sustainable Resource Management: 1898-
1958 (extant properties, 1935-1958)
“The Historic Townsite area sits on a bluff facing south, near the confluence of the
Kenai River and Cook Inlet.
From the period of Dena’ina occupation through the Kenaitze Subsistence Era, village
residents walked down paths from the bluff to the beach below to fish and haul water.”4
The Kenaitze Indian Tribe is seeking a Conditional Use Permit, a Variance Permit, and
Townsite Historic District Review to allow for the construction of an approximately
6,500-square-foot Tyotkas Elder Center.
The Tribe, the original occupants of this land, have carefully considered options for the
planned facility and determined this location and the size of the structure meets the
needs of their members. With careful and controlled site development, as shown on the
attached plans, the building can be built in the TSH zone in a manner to preserve the
integrity of the zone and to protect the cultural and historical significance of the district.
3 “Kenai Townsite Historic District Survey Report” – Page 11
4 “Kenai Townsite Historic District Survey Report” – Page 12
Page 22 of 58
Page 22 of 58
CONDITIONS OF APPROVAL
1. Approval of PZ15-04 shall be contingent on approval of Landscape/Site Plan
PZ15-05 by the Planning & Zoning Administration.
2. Prior to commencement of construction, applicant shall be required to obtain all
appropriate Building Permits.
3. Prior to the issuance of the Building Permit for the Tyotkas Elder Center, the
applicant shall submit a revised site plan showing the location of the building to
be at a distance of 10 feet from the edge of the 5-foot Street Easement along
Mission Avenue and Upland Street for a total of 15 feet from the property line as
shown on the Plat Townsite of Kenai, Kenaitze Addition Subdivision. Pursuant to
Kenai Municipal Code 14.24.020.
4. Prior to the issuance of the Certificate of Occupancy for the Tyotkas Elder
Center, the applicant shall apply for a Conditional Use Permit for an Off-site
Parking Lot to replace the seven (7) on-site parking spaces being removed to
accommodate the driveway entrance located on the adjacent parcel containing
the Dena`ina Wellness Center.
5. Prior to the issuance of a Certificate of Occupancy for the Tyotkas Elder Center,
applicant shall pave the proposed parking areas around the Tyotkas Elder
Center. All paving shall be approved by the City of Kenai, Public Works
Department.
6. Connections to Water and Sewer Utilities shall be approved by the Public Works
Department.
7. Prior to the construction and placement of a new sign for the Tyotkas Elder
Center, property owner shall apply for a Sign Permit.
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
KMC 14.20.156.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE PROPOSED TYOTKAS ELDER
CENTER MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND
THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE
OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 22TH DAY OF APRIL, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
Page 23 of 58
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MEMORANDUM:
TO: Planning & Zoning Commission
FROM: Matt Kelley, City Planner
DATE: April 22, 2015
SUBJECT: Item PZ 15-09 - Abandoned Vehicle Code Amendments
The purpose of this memorandum is to introduce an Informational Item for the City
Council.
The City has had some difficulty in enforcing the Abandoned Vehicle Ordinance due to
the way it is currently written. To provide for better enforcement of the code, staff is
proposing amendments to Kenai Municipal Code 12.25, ABANDONED VEHICLES.
Staff recommends that the title of the chapter should be revised to say ABANDONED
AND JUNK VEHICLES. A definition of an abandoned vehicle should be placed in the
code’s definition section to read: “Abandoned vehicle” means a vehicle left unattended
on a street, highway, or other public property for a period in excess of seventy-two (72)
hours, unless otherwise specifically permitted by City ordinance or regulation.”
Staff also recommends that the definition of a junk vehicle contained in Section
12.25.03(f) be revised so that subsection (1) reads as follows: “In a condition which
exhibits at two (2) or more of the following elements: subsection (1)(i)says: “ A
substantial amount of broken or missing glass”. The revision is: Broken or missing
window, headlight or taillight and a new subsection(1)(v) to read: Is not currently
registered to operate on public roads of City or State except for certain recreational
vehicles not required to be registered under State law or City code. Staff also
recommends that this definition be moved to the definition section of this Chapter.
Section 12.25.030(d) of the Code states: “Notwithstanding KMC12.25.030(c), no vehicle
may be removed from private property without the consent of the property owner or
occupant.” Staff recommends that this code provision be removed because it restricts
the ability of the City to enforce the abandoned vehicle code.
Staff also notes that the Code assigns enforcement of the abandoned vehicle regulation
to the Chief of Police or any member of their Department. In practice, this duty has
most often been assigned to the Planning Division. Staff recommends that the City
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014
Page 33 of 58
Page 33 of 58
Manager should be designated as the person to assign the department person who is
most able to perform this duty.
I also note that that staff thinks that the 72-hour time limit currently contained in KMC
12.25.030(c) for Junk Vehicles is too short and should be increased to 30-days to be
more reasonable for private property owners. I have retained the 72-hour time limit in
the proposed definition of “Abandoned Vehicle” which refers to street, highway or other
public property.
Thank you for your consideration.
Attachment: Proposed Ordinance, KMC 12.25 Abandoned and Junk Vehicles
Page 34 of 58
Page 34 of 58
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Page 35 of 58
Page 35 of 58
New Text Underlined; [DELETED TEXT BRACKETED]
Section 2. Amendment of Chapter 12.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.25 – Abandoned Vehicles, is hereby
amended as follows:
Chapter 12.25 ABANDONED AND JUNK VEHICLES
12.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
(a) “Abandoned Vehicle” means a vehicle left unattended on a public street,
highway or other public property for a period in excess of seventy-two (72)
hours, unless otherwise specifically permitted by City ordinance or regulation.
(b) “Junk Vehicle” means a vehicle that exhibits at least two (2) of the following
elements:
(1) Is not currently registered,
(2) Is inoperable because it is missing a major component such as the
engine, transmission, axle, differential, transfer case, front driver seat, or
steering wheel,
(3) The cost of repairs required to make the vehicle operable exceeds the fair
market value of the vehicle,
(4) Missing windshield or windows,
(5) Missing two (2) or more wheels or tires, or has two (2) or more flat tires,
(6) Missing a major body part, such as a fender, quarter panel, bumper,
trunk lid, door or hood.
(c)[A] “Person” [SHALL] means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(d)[B] “Vehicle” [SHALL] means a machine propelled by power other than human
power designed to travel along the ground by use of wheels, treads, runners, or
slides, and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and
wagon.
(e)[C] “Street or highway” [SHALL] means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of the
public for the purposes of vehicular travel.
(f)[D] “Property” [SHALL] means any real property within the City which is not a street
or highway.
Page 36 of 58
Page 36 of 58
New Text Underlined; [DELETED TEXT BRACKETED]
12.25.020 Abandonment of [v ]Vehicles.
No person shall [ABANDON ANY] leave an abandoned vehicle within the City. [AND NO
PERSON SHALL LEAVE ANY VEHICLE AT ANY PLACE WITHIN THE CITY FOR SUCH
TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH VEHICLE
REASONABLY TO APPEAR TO HAVE BEEN ABANDONED.]
12.25.030 Leaving of [j]Junk or [i]Illegally [p]Parked [v]Vehicles.
(a) No person shall leave any [j]Junk [v]Vehicle on any street, highway, or public
property within the City.
(b) No person shall leave any vehicle remaining on public property designated for
parking in violation of regulations, ordinances, and/or posted times, periods, or
conditions. Any such vehicle shall be subject to emergency impounding
procedures pursuant to KMC 12.25.040(c).
(c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any [j[Junk [v]Vehicle
to remain on such property longer than thirty (30) days[SEVENTY-TWO (72)
HOURS]; and no person shall leave any such vehicle on any property within the
City for a longer time than thirty (30) days[SEVENTY-TWO (72) HOURS]; except
that this ordinance shall not apply with regard to a vehicle in an enclosed
building or completely screened from public view and adjacent properties in
compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of
a business enterprise operated in a lawful place and manner, when necessary
to the operation of such business enterprise; or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the
City.
[(D) NOTWITHSTANDING KMC 12.25.030(C), NO VEHICLE MAY BE REMOVED
FROM PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY
OWNER OR OCCUPANT.]
(d)[E] Notwithstanding the provisions of subsection (c) of this section, if the City
Manager has reasonable grounds to believe that repairs can be made to render
a junk vehicle operable, that the registered owner or other person entitled to
possession of the vehicle is willing to undertake or have performed such repairs,
that the vehicle does not pose any health or safety hazard, and that there is no
reasonable means for removing the vehicle from public view while repairs are
being performed, the City Manager may authorize a period of no more than
thirty (30) additional days for the performance of such repairs. In no case,
however, may this section be construed as authorizing the operation of a
junkyard or other salvage or repair business where other requirements of the
law have not been met.
[(F) “JUNK VEHICLE” MEANS A MOTOR VEHICLE THAT IS:
(1) IN A CONDITION WHICH EXHIBITS TWO (2) OF THE FOLLOWING
ELEMENTS:
Page 37 of 58
Page 37 of 58
New Text Underlined; [DELETED TEXT BRACKETED]
(I) A SUBSTANTIAL AMOUNT OF BROKEN OR MISSING GLASS,
(II) MISSING TWO (2) OR MORE WHEELS OR TIRES,
(III) MISSING A BODY PANEL OR BODY PART, SUCH AS QUARTER
PANELS, BUMPER, TRUNK LID OR HOOD,
(IV) MISSING AN ESSENTIAL COMPONENT SUCH AS THE ENGINE,
TRANSMISSION, CARBURETOR, DISTRIBUTOR, BRAKE OR
WHEEL CYLINDER, BRAKE SHOE, GENERATOR, OR
ALTERNATOR, STARTER, FRONT PASSENGER SEAT, OR DRIVE
SHAFT; OR
(2) STRIPPED, WRECKED OR OTHERWISE INOPERABLE DUE TO
MECHANICAL FAILURE; OR
(3) HAS NOT BEEN REPAIRED BECAUSE OF MECHANICAL DIFFICULTIES
OR BECAUSE THE COST OF REPAIRS REQUIRED TO MAKE IT
OPERABLE EXCEEDS THE FAIR MARKET VALUE OF THE VEHICLE.]
12.25.040 Storage of Junk Vehicles.
Junk Vehicles shall be stored in a back yard or side yard subject to the following
restrictions:
(1) Two-thousand feet of yard area is required per vehicle, up to a maximum of
four vehicles per parcel.
(2) The storage area must be shielded from public view by a sight obscuring fence
with a minimum height of six feet.
(3) Any stored Junk Vehicle must be covered with a cover designed for covering
vehicles.
(4) Junk Vehicles may only be stored on a property that has an existing principal
permitted use.
12.25.050 Repair of Junk Vehicles.
Junk vehicles shall be repaired subject to the following restrictions:
(1) Junk Vehicle repair shall take place within an enclosed structure or in a side
or back yard.
(2) Work may not be conducted on more than one vehicle at a time unless within
an enclosed structure.
Page 38 of 58
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New Text Underlined; [DELETED TEXT BRACKETED]
(3) Parts, equipment, and supplies must be stored in an area that is screened
from public view.
(4) Junk Vehicle repair is not allowed within the public right-of-way.
12.25.0[4]60 Impounding of Vehicles and Junk and Abandoned Vehicles.
(a) The [CHIEF OF POLICE] City Manager or [ANY MEMBER OF HIS OR HER
DEPARTMENT DESIGNATED BY HIM OR HER] designee is hereby authorized
to remove or have removed any vehicle left at any place within the City which
reasonably appears to be in violation of any regulation or ordinance or lost,
stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed
or disposed of in accordance with this chapter.
(b) Where an abandoned, junk, wrecked, non-operating, illegally parked or
discarded vehicle presents no obstruction or hazard and is properly registered
and licensed, so that the owner or other interested persons can be notified, the
[CHIEF OF POLICE] City Manager, or designee shall give notice by personal
service or certified mail with return receipt requested to the owner and/or
interested person stating:
(1) A description of the vehicle;
(2) The violation or reason for police action;
(3) The proposed action to be taken;
(4) The right of the person notified to a hearing with, and an opportunity to
be heard by the [CHIEF OF POLICE] City Manager or designee in order
that the proposed action or amount due may be contested;
(5) That said vehicle will be towed, impounded, and/or disposed of if
unclaimed for a period of thirty (30) days after notice is sent.
(c) Where an abandoned, junk, wrecked, non-operating, illegally parked, or
discarded vehicle presents an obstruction or hazard, or an emergency exists,
and said vehicle is impounded or towed, notice of the type, and to the extent,
set forth in KMC 12.25.0[4]60 shall be given as soon as practical after towing or
impound.
(d) Where the owner or other interested person cannot be readily ascertained,
notice by publication shall be given subsequent to towing or impound and prior
to sale or other disposal.
(e) The [CHIEF OF POLICE] City Manager or designee shall keep a record of all
vehicles impounded, containing date of impounding, description of vehicle and
conte[S]nts therein, cause for which impounded, and other information deemed
pertinent.
Page 39 of 58
Page 39 of 58
New Text Underlined; [DELETED TEXT BRACKETED]
12.25.0[5]70 Redemption of [i]Impounded [v]Vehicles.
(a) After a vehicle has been impounded as provided by regulation or ordinance and
the owner or authorized representative of the owner of the vehicle claims the
same, he or she shall be informed of the nature and circumstances causing the
impoundment of such vehicle. He or she shall [AND TO] obtain a release
thereof and shall pay all towing and storage fees unless pursuant to KMC
12.25.0[4]60 it is administratively determined that the action taken was
unwarranted, in which case the vehicle shall be released immediately to the
owner without collection of fees or other charges.
(b) If the operator or owner of the vehicle, upon hearing before a magistrate and or
judge in a court of law, is found not guilty of the violation of which he or she is
charged, the impounded vehicle shall be released immediately to the owner
without collection of fees or other charges. If the owner or operator of such
vehicle is found guilty by the magistrate and or judge in a court of law, any fine
imposed under the provisions of the appropriate section of this title shall be in
addition to the towing and storage charges herein prescribed.
(c) A vehicle is declared to be impounded when an authorized person, pursuant to
and under authority of this title, requests dispatch of a tow truck to effect the
impoundment. A person whose vehicle has been impounded may obtain the
release of the impounded vehicle, if towing has not commenced, by paying the
tow contractor the tariffed or contract rate as provided for canceled trips,
provided that such impoundment is one where the owner is entitled to release
of the vehicle. This section has no effect on a citation, ticket, or complaint that
may be issued in connection with the impoundment.
12.25.0[6]80 Disposition—Destruction.
(a) If the [CHIEF OF POLICE] City Manager or designee determines that an
abandoned vehicle impounded pursuant to this chapter has been scrapped,
dismantled, or destroyed beyond repair as provided in AS 28.10.221(a)(2), and
AS 28.10.051(a)(3), or if he or she determines that because of the age and
condition of the vehicle it is no longer of significant value, he or she may
dispose of it by crushing or other means of destruction upon the expiration of
the thirty (30) day period required by KMC 12.25.0[4]60.
(b) The City may also dispose of Junk Vehicles at the written request of the
registered owner of the vehicle or person in lawful possession or control of the
vehicle. This written request shall be on a form prescribed by the City.
12.25.0[7]90 Sale of [i]Impounded [v]Vehicles.
When a vehicle has been impounded for violations of this title, the [CHIEF OF POLICE]
City Manager or designee or designated agent shall send a notice by certified mail to
both the legal and registered owner of the vehicle, if different persons, when the name
of the owner or owners can be ascertained by checking the records of the Alaska
Department of Public Safety.
Page 40 of 58
Page 40 of 58
New Text Underlined; [DELETED TEXT BRACKETED]
The notice shall accurately describe the vehicle and any property therein, give the date
the vehicle was impounded and state that unless the vehicle is reclaimed within thirty
(30) days from the date of the notice, it will be disposed of pursuant to State law.
12.25.[08]100 Waiver of [c]Claims for [d]Damages.
An owner of an abandoned, discarded or illegally parked vehicle, waives any claims he
or she may have for damage to his or her vehicle which may result from actions taken
pursuant to this chapter. Such damage includes, but is not limited to, accidental
damage or destruction occasioned by removal, transport, storage, and acts of third
parties.
12.25.[09]110 Penalty.
A person who violates KMC 12.25.020 or 12.25.030 is punishable by a fine as
provided for violations in KMC 13.05.010.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in all
controversy in which this judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council
hereby declares that it would have enacted the remainder of this
ordinance even without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
Page 41 of 58
Page 41 of 58
Ke
n
a
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m
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:
(a
)
“
P
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s
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”
s
h
a
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m
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a
n
a
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y
p
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o
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,
f
i
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p
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,
as
s
o
c
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,
c
o
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p
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,
c
o
m
p
a
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y
,
o
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r
g
a
n
i
z
a
t
i
o
n
o
f
an
y
k
i
n
d
.
(b
)
“
V
e
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i
c
l
e
”
s
h
a
l
l
m
e
a
n
a
m
a
c
h
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e
p
r
o
p
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l
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d
b
y
p
o
w
e
r
o
t
h
e
r
t
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a
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u
m
a
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p
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n
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d
t
o
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r
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v
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l
a
l
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t
h
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gr
o
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d
b
y
u
s
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o
f
w
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l
s
,
t
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a
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,
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a
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p
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a
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y
an
d
s
h
a
l
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u
d
e
,
w
i
t
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o
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t
l
i
m
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a
t
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n
,
a
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t
o
m
o
b
i
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,
t
r
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c
k
,
t
r
a
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,
m
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t
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a
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,
b
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,
a
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w
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(c
)
“
S
t
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t
o
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h
w
a
y
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s
h
a
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v
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m
e
a
n
s
a
m
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(1
)
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n
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c
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t
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c
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(d
)
“
P
r
o
p
e
r
t
y
”
s
h
a
l
l
m
e
a
n
a
n
y
r
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a
l
p
r
o
p
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r
t
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w
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t
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t
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C
i
t
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w
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i
c
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s
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o
t
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s
t
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t
o
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g
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w
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.
(a
)
“A
b
a
n
d
o
n
e
d
Ve
h
i
c
l
e
”
me
a
n
s
a vehicle left unattended on a public street, highway or other public property for
a
pe
r
i
o
d
in
ex
c
e
s
s
of
se
v
e
n
t
y
‐two (72) hours, unless otherwise specifically permitted by City ordinance or
re
g
u
l
a
t
i
o
n
.
(b
)
“J
u
n
k
Ve
h
i
c
l
e
”
me
a
n
s
a ve
h
i
c
l
e
that exhibits at least two (2) of the following elements:
(1
)
Is
no
t
cu
r
r
e
n
t
l
y
re
g
i
s
t
e
r
e
d
,
(2
)
Is
in
o
p
e
r
a
b
l
e
be
c
a
u
s
e
it is missing a major component such as the engine, transmission, axle,
di
f
f
e
r
e
n
t
i
a
l
,
tr
a
n
s
f
e
r
ca
s
e
,
front driver seat, or steering wheel,
(3
)
Th
e
co
s
t
of
re
p
a
i
r
s
re
q
u
i
r
e
d
to make the vehicle operable exceeds the fair market value of the vehicle,
(4
)
Mi
s
s
i
n
g
wi
n
d
s
h
i
e
l
d
or
windows,
(5
)
Mi
s
s
i
n
g
tw
o
(2
)
or
mo
r
e
wheels or tires, or has two (2) or more flat tires,
(6
)
Mi
s
s
i
n
g
a ma
j
o
r
bo
d
y
part, such as a fender, quarter panel, bumper, trunk lid, door or hood.
(c
)
[A
]
“P
e
r
s
o
n
”
[S
H
A
L
L
]
me
a
n
s
an
y
pe
r
s
o
n
,
firm, partnership, association, corporation, company, or organization of any
ki
n
d
.
(d
)
[B
]
“V
e
h
i
c
l
e
”
[S
H
A
L
L
]
me
a
n
s
a
ma
c
h
i
n
e
propelled by power other than human power designed to travel along the
gr
o
u
n
d
by
us
e
of
wh
e
e
l
s
,
tr
e
a
d
s
,
runners, or slides, and transport persons or property or pull machinery and
sh
a
l
l
in
c
l
u
d
e
,
wi
t
h
o
u
t
li
m
i
t
a
t
i
o
n
,
automobile, truck, trailer, motorcycle, tractor, buggy, and wagon.
(e
)
[C
]
“S
t
r
e
e
t
or
hi
g
h
w
a
y
”
[S
H
A
L
L
]
means the entire width between the boundary lines of every way publicly
ma
i
n
t
a
i
n
e
d
wh
e
n
an
y
pa
r
t
th
e
r
e
o
f
is open to the use of the public for the purposes of vehicular travel.
(f
)
[D
]
“P
r
o
p
e
r
t
y
”
[S
H
A
L
L
]
me
a
n
s
any real property within the City which is not a street or highway.
12
.
2
5
.
0
2
0
A
b
a
n
d
o
n
m
e
n
t
o
f
v
e
h
i
c
l
e
s
.
12
.
2
5
.
0
2
0
A
b
a
n
d
o
n
m
e
n
t
o
f
[
v
]
V
eh
i
c
l
e
s
.
No
p
e
r
s
o
n
s
h
a
l
l
a
b
a
n
d
o
n
a
n
y
v
e
h
i
c
l
e
w
i
t
h
i
n
t
h
e
C
i
t
y
a
n
d
n
o
pe
r
s
o
n
s
h
a
l
l
l
e
a
v
e
a
n
y
v
e
h
i
c
l
e
a
t
a
n
y
p
l
a
c
e
w
i
t
h
i
n
th
e
C
i
t
y
f
o
r
s
u
c
h
t
i
m
e
a
n
d
u
n
d
e
r
s
u
c
h
c
i
r
c
u
m
s
t
a
n
c
e
s
as
t
o
c
a
u
s
e
s
u
c
h
v
e
h
i
c
l
e
r
e
a
s
o
n
a
b
l
y
t
o
a
p
p
e
a
r
t
o
h
a
v
e
be
e
n
a
b
a
n
d
o
n
e
d
.
No
pe
r
s
o
n
sh
a
l
l
[A
B
A
N
D
O
N
AN
Y
]
le
a
v
e
an abandoned vehicle within the City. [AND NO PERSON SHALL LEAVE ANY
VE
H
I
C
L
E
AT
AN
Y
PL
A
C
E
WI
T
H
I
N
TH
E
CI
T
Y
FOR SUCH TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH
VE
H
I
C
L
E
RE
A
S
O
N
A
B
L
Y
TO
AP
P
E
A
R
TO
HAVE BEEN ABANDONED.]
12
.
2
5
.
0
3
0
L
e
a
v
i
n
g
o
f
j
u
n
k
o
r
i
l
l
e
g
a
l
l
y
p
a
r
k
e
d
v
e
h
i
c
l
e
s
.
1
2
.
2
5
.
0
3
0
L
e
a
v
i
n
g
o
f
[
j
]
J
un
k
o
r
[
i
]
I
llegally [p]Parked [v]Vehicles.
(a
)
N
o
p
e
r
s
o
n
s
h
a
l
l
l
e
a
v
e
a
n
y
j
u
n
k
v
e
h
i
c
l
e
o
n
a
n
y
s
t
re
e
t
,
h
i
g
h
w
a
y
,
o
r
p
u
b
l
i
c
p
r
o
p
e
r
t
y
w
i
t
h
i
n
t
h
e
C
i
t
y
.
(b
)
N
o
p
e
r
s
o
n
s
h
a
l
l
l
e
a
v
e
a
n
y
v
e
h
i
c
l
e
r
e
m
a
i
n
i
n
g
o
n
pu
b
l
i
c
p
r
o
p
e
r
t
y
d
e
s
i
g
n
a
t
e
d
f
o
r
p
a
r
k
i
n
g
i
n
v
i
o
l
a
t
i
o
n
of
r
e
g
u
l
a
t
i
o
n
s
,
o
r
d
i
n
a
n
c
e
s
,
a
n
d
/
o
r
p
o
s
t
e
d
t
i
m
e
s
,
p
e
r
i
o
d
s
,
o
r
c
o
n
d
i
t
i
o
n
s
.
A
n
y
s
u
c
h
v
e
h
i
c
l
e
s
h
a
l
l
b
e
su
b
j
e
c
t
t
o
e
m
e
r
g
e
n
c
y
i
m
p
o
u
n
d
i
n
g
p
r
o
c
e
d
u
r
e
s
p
u
r
s
u
a
n
t
t
o
K
M
C
1
2
.
2
5
.
0
4
0
(
c
)
.
(c
)
N
o
p
e
r
s
o
n
i
n
c
h
a
r
g
e
o
r
c
o
n
t
r
o
l
o
f
a
n
y
p
r
o
p
e
r
t
y
w
i
t
h
i
n
t
h
e
C
i
t
y
,
w
h
e
t
h
e
r
a
s
o
w
n
e
r
,
t
e
n
a
n
t
,
o
c
c
u
p
a
n
t
,
le
s
s
e
e
,
o
r
o
t
h
e
r
w
i
s
e
,
s
h
a
l
l
a
l
l
o
w
a
n
y
j
u
n
k
v
e
h
i
c
l
e
t
o
r
e
m
a
i
n
o
n
s
u
c
h
p
r
o
p
e
r
t
y
l
o
n
g
e
r
t
h
a
n
s
e
v
e
n
t
y
-
tw
o
(
7
2
)
h
o
u
r
s
;
a
n
d
n
o
p
e
r
s
o
n
s
h
a
l
l
l
e
a
v
e
a
n
y
s
u
c
h
ve
h
i
c
l
e
o
n
a
n
y
p
r
o
p
e
r
t
y
w
i
t
h
i
n
t
h
e
C
i
t
y
f
o
r
a
lo
n
g
e
r
t
i
m
e
t
h
a
n
s
e
v
e
n
t
y
-
t
w
o
(
7
2
)
h
o
u
r
s
;
e
x
c
e
p
t
t
ha
t
t
h
i
s
o
r
d
i
n
a
n
c
e
s
h
a
l
l
n
o
t
a
p
p
l
y
w
i
t
h
r
e
g
a
r
d
t
o
a
ve
h
i
c
l
e
i
n
a
n
e
n
c
l
o
s
e
d
b
u
i
l
d
i
n
g
;
a
v
e
h
i
c
l
e
o
n
t
h
e
p
r
e
m
i
s
e
s
o
f
a
b
u
s
i
n
e
s
s
e
n
t
e
r
p
r
i
s
e
o
p
e
r
a
t
e
d
i
n
a
la
w
f
u
l
p
l
a
c
e
a
n
d
m
a
n
n
e
r
,
w
h
e
n
n
e
c
e
s
s
a
r
y
t
o
t
h
e
op
e
r
a
t
i
o
n
o
f
s
u
c
h
b
u
s
i
n
e
s
s
e
n
t
e
r
p
r
i
s
e
;
o
r
a
ve
h
i
c
l
e
i
n
a
n
a
p
p
r
o
p
r
i
a
t
e
s
t
o
r
a
g
e
p
l
a
c
e
o
r
d
e
p
o
s
i
t
o
r
y
m
a
i
n
t
a
i
n
e
d
i
n
a
l
a
w
f
u
l
p
l
a
c
e
a
n
d
m
a
n
n
e
r
b
y
th
e
C
i
t
y
.
(d
)
N
o
t
w
i
t
h
s
t
a
n
d
i
n
g
K
M
C
1
2
.
2
5
.
0
3
0
(
c
)
,
n
o
v
e
h
i
c
l
e
m
a
y
b
e
r
e
m
o
v
e
d
f
r
o
m
p
r
i
v
a
t
e
p
r
o
p
e
r
t
y
w
i
t
h
o
u
t
t
h
e
co
n
s
e
n
t
o
f
t
h
e
p
r
o
p
e
r
t
y
o
w
n
e
r
o
r
o
c
c
u
p
a
n
t
.
(e
)
N
o
t
w
i
t
h
s
t
a
n
d
i
n
g
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
s
u
b
s
e
c
t
i
o
n
(
c
)
o
f
t
h
i
s
s
e
c
t
i
o
n
,
i
f
t
h
e
C
i
t
y
M
a
n
a
g
e
r
h
a
s
r
e
a
s
o
n
a
b
l
e
gr
o
u
n
d
s
t
o
b
e
l
i
e
v
e
t
h
a
t
r
e
p
a
i
r
s
c
a
n
b
e
m
a
d
e
t
o
r
e
n
d
e
r
a
j
u
n
k
v
e
h
i
c
l
e
o
p
e
r
a
b
l
e
,
t
h
a
t
t
h
e
r
e
g
i
s
t
e
r
e
d
ow
n
e
r
o
r
o
t
h
e
r
p
e
r
s
o
n
e
n
t
i
t
l
e
d
t
o
p
o
s
s
e
s
s
i
o
n
o
f
t
h
e
v
e
h
i
c
l
e
i
s
w
i
l
l
i
n
g
t
o
u
n
d
e
r
t
a
k
e
o
r
h
a
v
e
pe
r
f
o
r
m
e
d
s
u
c
h
r
e
p
a
i
r
s
,
t
h
a
t
t
h
e
v
e
h
i
c
l
e
d
o
e
s
n
o
t
p
o
s
e
a
n
y
h
e
a
l
t
h
o
r
s
a
f
e
t
y
h
a
z
a
r
d
,
a
n
d
t
h
a
t
t
h
e
r
e
is
n
o
r
e
a
s
o
n
a
b
l
e
m
e
a
n
s
f
o
r
r
e
m
o
v
i
n
g
t
h
e
v
e
h
i
c
l
e
f
r
o
m
p
u
b
l
i
c
v
i
e
w
w
h
i
l
e
r
e
p
a
i
r
s
a
r
e
b
e
i
n
g
pe
r
f
o
r
m
e
d
,
t
h
e
C
i
t
y
M
a
n
a
g
e
r
m
a
y
a
u
t
h
o
r
i
z
e
a
p
e
r
i
o
d
o
f
n
o
m
o
r
e
t
h
a
n
t
h
i
r
t
y
(
3
0
)
d
a
y
s
f
o
r
t
h
e
pe
r
f
o
r
m
a
n
c
e
o
f
s
u
c
h
r
e
p
a
i
r
s
.
I
n
n
o
c
a
s
e
,
h
o
w
e
v
e
r
,
m
a
y
t
h
i
s
s
e
c
t
i
o
n
b
e
c
o
n
s
t
r
u
e
d
a
s
a
u
t
h
o
r
i
z
i
n
g
th
e
o
p
e
r
a
t
i
o
n
o
f
a
j
u
n
k
y
a
r
d
o
r
o
t
h
e
r
s
a
l
v
a
g
e
o
r
r
e
p
a
i
r
b
u
s
i
n
e
s
s
w
h
e
r
e
o
t
h
e
r
r
e
q
u
i
r
e
m
e
n
t
s
o
f
t
h
e
la
w
h
a
v
e
n
o
t
b
e
e
n
m
e
t
.
(f
)
“
J
u
n
k
v
e
h
i
c
l
e
”
m
e
a
n
s
a
m
o
t
o
r
v
e
h
i
c
l
e
t
h
a
t
i
s
:
(1
)
I
n
a
c
o
n
d
i
t
i
o
n
w
h
i
c
h
e
x
h
i
b
i
t
s
t
w
o
(
2
)
o
f
t
h
e
f
o
l
l
o
w
i
n
g
e
l
e
m
e
n
t
s
:
(
i
)
A
s
u
b
s
t
a
n
t
i
a
l
a
m
o
u
n
t
o
f
b
r
o
k
e
n
o
r
m
i
s
s
i
n
g
g
l
a
s
s
,
(i
i
)
M
i
s
s
i
n
g
t
w
o
(
2
)
o
r
m
o
r
e
w
h
e
e
l
s
o
r
t
i
r
e
s
,
(i
i
i
)
M
i
s
s
i
n
g
a
b
o
d
y
p
a
n
e
l
o
r
b
o
d
y
p
a
r
t
,
s
u
c
h
a
s
q
u
a
r
t
e
r
p
a
n
e
l
s
,
b
u
m
p
e
r
,
t
r
u
n
k
l
i
d
o
r
h
o
o
d
,
(i
v
)
M
i
s
s
i
n
g
a
n
e
s
s
e
n
t
i
a
l
c
o
m
p
o
n
e
n
t
s
u
c
h
a
s
t
h
e
e
n
g
i
n
e
,
t
r
a
n
s
m
i
s
s
i
o
n
,
c
a
r
b
u
r
e
t
o
r
,
d
i
s
t
r
i
b
u
t
o
r
,
br
a
k
e
o
r
w
h
e
e
l
c
y
l
i
n
d
e
r
,
b
r
a
k
e
s
h
o
e
,
g
e
n
e
r
a
t
o
r
,
o
r
a
l
t
e
r
n
a
t
o
r
,
s
t
a
r
t
e
r
,
f
r
o
n
t
p
a
s
s
e
n
g
e
r
se
a
t
,
o
r
d
r
i
v
e
s
h
a
f
t
;
o
r
(2
)
S
t
r
i
p
p
e
d
,
w
r
e
c
k
e
d
o
r
o
t
h
e
r
w
i
s
e
i
n
o
p
e
r
a
b
l
e
d
u
e
t
o
m
e
c
h
a
n
i
c
a
l
f
a
i
l
u
r
e
;
o
r
(3
)
H
a
s
n
o
t
b
e
e
n
r
e
p
a
i
r
e
d
b
e
c
a
u
s
e
o
f
m
e
c
h
a
n
i
c
a
l
d
i
f
f
i
c
u
l
t
i
e
s
o
r
b
e
c
a
u
s
e
t
h
e
c
o
s
t
o
f
r
e
p
a
i
r
s
re
q
u
i
r
e
d
t
o
m
a
k
e
i
t
o
p
e
r
a
b
l
e
e
x
c
e
e
d
s
t
h
e
f
a
i
r
m
a
r
k
e
t
v
a
l
u
e
o
f
t
h
e
v
e
h
i
c
l
e
.
(a
)
No
pe
r
s
o
n
sh
a
l
l
le
a
v
e
an
y
[j
]
J
un
k
[v]Vehicle on any street, highway, or public property within the City.
(b
)
No
pe
r
s
o
n
sh
a
l
l
le
a
v
e
an
y
ve
h
i
c
l
e
remaining on public property designated for parking in violation of
re
g
u
l
a
t
i
o
n
s
,
or
d
i
n
a
n
c
e
s
,
an
d
/
o
r
posted times, periods, or conditions. Any such vehicle shall be subject to
em
e
r
g
e
n
c
y
im
p
o
u
n
d
i
n
g
pr
o
c
e
d
u
r
e
s
pursuant to KMC 12.25.040(c).
(c
)
No
pe
r
s
o
n
in
ch
a
r
g
e
or
co
n
t
r
o
l
of any property within the City, whether as owner, tenant, occupant, lessee, or
ot
h
e
r
w
i
s
e
,
sh
a
l
l
al
l
o
w
an
y
[j
[
J
u
n
k
[v]Vehicle to remain on such property longer than thirty (30) days[SEVENTY‐
TW
O
(7
2
)
HO
U
R
S
]
;
an
d
no
pe
r
s
o
n
shall leave any such vehicle on any property within the City for a longer time
th
a
n
th
i
r
t
y
(3
0
)
da
y
s
[S
E
V
E
N
T
Y
‐TWO (72) HOURS]; except that this ordinance shall not apply with regard to a
ve
h
i
c
l
e
in
an
en
c
l
o
s
e
d
bu
i
l
d
i
n
g
or completely screened from public view and adjacent properties in compliance
wi
t
h
Ke
n
a
i
Mu
n
i
c
i
p
a
l
Co
d
e
12
.
2
5
.
0
4
0
; a vehicle on the premises of a business enterprise operated in a lawful
pl
a
c
e
an
d
ma
n
n
e
r
,
wh
e
n
ne
c
e
s
s
a
r
y
to the operation of such business enterprise; or a vehicle in an appropriate
st
o
r
a
g
e
pl
a
c
e
or
de
p
o
s
i
t
o
r
y
ma
i
n
t
a
i
n
e
d
in a lawful place and manner by the City.
[(
D
)
NO
T
W
I
T
H
S
T
A
N
D
I
N
G
KM
C
12
.
2
5
.
0
3
0
(
C
)
,
NO VEHICLE MAY BE REMOVED FROM PRIVATE PROPERTY WITHOUT
TH
E
CO
N
S
E
N
T
OF
TH
E
PR
O
P
E
R
T
Y
OWNER OR OCCUPANT.]
(d
)
[E
]
No
t
w
i
t
h
s
t
a
n
d
i
n
g
th
e
pr
o
v
i
s
i
o
n
s
of subsection (c) of this section, if the City Manager has reasonable grounds to
be
l
i
e
v
e
th
a
t
re
p
a
i
r
s
ca
n
be
ma
d
e
to render a junk vehicle operable, that the registered owner or other person
en
t
i
t
l
e
d
to
po
s
s
e
s
s
i
o
n
of
th
e
vehicle is willing to undertake or have performed such repairs, that the vehicle
do
e
s
no
t
po
s
e
an
y
he
a
l
t
h
or
safety hazard, and that there is no reasonable means for removing the vehicle
fr
o
m
pu
b
l
i
c
vi
e
w
wh
i
l
e
re
p
a
i
r
s
are being performed, the City Manager may authorize a period of no more than
th
i
r
t
y
(3
0
)
ad
d
i
t
i
o
n
a
l
da
y
s
fo
r
the performance of such repairs. In no case, however, may this section be
co
n
s
t
r
u
e
d
as
au
t
h
o
r
i
z
i
n
g
th
e
operation of a junkyard or other salvage or repair business where other
re
q
u
i
r
e
m
e
n
t
s
of
th
e
la
w
ha
v
e
not been met.
[(
F
)
“J
U
N
K
VE
H
I
C
L
E
”
ME
A
N
S
A MO
T
O
R
VEHICLE THAT IS:
(1
)
IN
A CO
N
D
I
T
I
O
N
WH
I
C
H
EX
H
I
B
I
T
S
TWO (2) OF THE FOLLOWING ELEMENTS:
(I
)
A SU
B
S
T
A
N
T
I
A
L
AM
O
U
N
T
OF BROKEN OR MISSING GLASS,
(I
I
)
MI
S
S
I
N
G
TW
O
(2
)
OR
MORE WHEELS OR TIRES,
(I
I
I
)
MI
S
S
I
N
G
A BO
D
Y
PA
N
E
L
OR BODY PART, SUCH AS QUARTER PANELS, BUMPER, TRUNK LID OR HOOD,
(I
V
)
MI
S
S
I
N
G
AN
ES
S
E
N
T
I
A
L
COMPONENT SUCH AS THE ENGINE, TRANSMISSION, CARBURETOR,
DI
S
T
R
I
B
U
T
O
R
,
BR
A
K
E
OR WHEEL CYLINDER, BRAKE SHOE, GENERATOR, OR ALTERNATOR, STARTER,
FR
O
N
T
PA
S
S
E
N
G
E
R
SE
A
T
,
OR DRIVE SHAFT; OR
(2
)
ST
R
I
P
P
E
D
,
WR
E
C
K
E
D
OR OTHERWISE INOPERABLE DUE TO MECHANICAL FAILURE; OR
(3
)
HA
S
NO
T
BE
E
N
RE
P
A
I
R
E
D
BECAUSE OF MECHANICAL DIFFICULTIES OR BECAUSE THE COST OF REPAIRS
RE
Q
U
I
R
E
D
TO
MA
K
E
IT
OPERABLE EXCEEDS THE FAIR MARKET VALUE OF THE VEHICLE.]
12
.
2
5
.
0
4
0
I
m
p
o
u
n
d
i
n
g
12
.
2
5
.
0
4
0
S
t
o
r
a
g
e
o
f
J
u
n
k
V
e
h
i
c
l
s
[12.25.040 IMPOUNDING]
(a
)
T
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
o
r
a
n
y
m
e
m
b
e
r
o
f
h
i
s
or
h
e
r
D
e
p
a
r
t
m
e
n
t
d
e
s
i
g
n
a
t
e
d
b
y
h
i
m
o
r
h
e
r
i
s
h
e
r
e
b
y
au
t
h
o
r
i
z
e
d
t
o
r
e
m
o
v
e
o
r
h
a
v
e
r
e
m
o
v
e
d
a
n
y
v
e
h
i
c
l
e
l
e
f
t
at
a
n
y
p
l
a
c
e
w
i
t
h
i
n
t
h
e
C
i
t
y
w
h
i
c
h
r
e
a
s
o
n
a
b
l
y
a
p
p
e
a
r
s
to
b
e
i
n
v
i
o
l
a
t
i
o
n
o
f
a
n
y
r
e
g
u
l
a
t
i
o
n
o
r
o
r
d
i
n
a
n
c
e
o
r
l
o
st
,
s
t
o
l
e
n
,
o
r
u
n
c
l
a
i
m
e
d
.
S
u
c
h
v
e
h
i
c
l
e
s
h
a
l
l
b
e
i
m
p
o
u
n
d
e
d
un
t
i
l
l
a
w
f
u
l
l
y
c
l
a
i
m
e
d
o
r
d
i
s
p
o
s
e
d
o
f
i
n
a
c
c
o
r
d
a
n
c
e
w
i
t
h
t
h
i
s
c
h
a
p
t
e
r
.
Ju
n
k
Ve
h
i
c
l
e
s
sh
a
l
l
be
st
o
r
e
d
in
a ba
c
k
yard or side yard subject to the following restrictions:
(1
)
Tw
o
‐th
o
u
s
a
n
d
fe
e
t
of
ya
r
d
ar
e
a
is required per vehicle, up to a maximum of four vehicles per parcel.
(b
)
W
h
e
r
e
a
n
a
b
a
n
d
o
n
e
d
,
w
r
e
c
k
e
d
,
n
o
n
-
o
p
e
r
a
t
i
n
g
,
i
l
l
e
g
a
l
l
y
p
a
r
k
e
d
o
r
d
i
s
c
a
r
d
e
d
v
e
h
i
c
l
e
p
r
e
s
e
n
t
s
n
o
ob
s
t
r
u
c
t
i
o
n
o
r
h
a
z
a
r
d
a
n
d
i
s
p
r
o
p
e
r
l
y
r
e
g
i
s
t
e
r
e
d
a
n
d
l
i
c
e
n
s
e
d
,
s
o
t
h
a
t
t
h
e
o
w
n
e
r
o
r
o
t
h
e
r
i
n
t
e
r
e
s
t
e
d
p
e
r
s
o
n
s
ca
n
b
e
n
o
t
i
f
i
e
d
,
t
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
,
o
r
d
e
s
i
g
n
e
e
s
h
a
l
l
g
i
v
e
n
o
t
i
c
e
b
y
p
e
r
s
o
n
a
l
s
e
r
v
i
c
e
o
r
c
e
r
t
i
f
i
e
d
m
a
i
l
w
i
t
h
re
t
u
r
n
r
e
c
e
i
p
t
r
e
q
u
e
s
t
e
d
t
o
t
h
e
o
w
n
e
r
a
n
d
/
o
r
i
n
t
e
r
e
s
t
e
d
p
e
r
s
o
n
s
t
a
t
i
n
g
:
(1
)
A
d
e
s
c
r
i
p
t
i
o
n
o
f
t
h
e
v
e
h
i
c
l
e
;
(2
)
T
h
e
v
i
o
l
a
t
i
o
n
o
r
r
e
a
s
o
n
f
o
r
p
o
l
i
c
e
a
c
t
i
o
n
;
(3
)
T
h
e
p
r
o
p
o
s
e
d
a
c
t
i
o
n
t
o
b
e
t
a
k
e
n
;
(4
)
T
h
e
r
i
g
h
t
o
f
t
h
e
p
e
r
s
o
n
n
o
t
i
f
i
e
d
t
o
a
h
e
a
r
i
n
g
w
i
t
h
,
a
n
d
a
n
o
p
p
o
r
t
u
n
i
t
y
t
o
b
e
h
e
a
r
d
b
y
t
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
o
r
de
s
i
g
n
e
e
i
n
o
r
d
e
r
t
h
a
t
t
h
e
p
r
o
p
o
s
e
d
a
c
t
i
o
n
o
r
a
m
o
u
n
t
d
u
e
m
a
y
b
e
c
o
n
t
e
s
t
e
d
;
(5
)
T
h
a
t
s
a
i
d
v
e
h
i
c
l
e
w
i
l
l
b
e
t
o
w
e
d
,
i
m
p
o
u
n
d
e
d
,
a
n
d
/
o
r
d
i
sp
o
s
e
d
o
f
i
f
u
n
c
l
a
i
m
e
d
f
o
r
a
p
e
r
i
o
d
o
f
t
h
i
r
t
y
(
3
0
)
da
y
s
a
f
t
e
r
n
o
t
i
c
e
i
s
s
e
n
t
.
(c
)
W
h
e
r
e
a
n
a
b
a
n
d
o
n
e
d
,
w
r
e
c
k
e
d
,
n
o
n
-
o
p
e
r
a
t
i
n
g
,
i
l
l
e
g
a
l
l
y
p
a
r
k
e
d
,
o
r
d
i
s
c
a
r
d
e
d
v
e
h
i
c
l
e
p
r
e
s
e
n
t
s
a
n
ob
s
t
r
u
c
t
i
o
n
o
r
ha
z
a
r
d
,
o
r
a
n
e
m
e
r
g
e
n
c
y
e
x
i
s
t
s
,
a
n
d
s
a
i
d
v
e
h
i
c
l
e
i
s
i
m
po
u
n
d
e
d
o
r
t
o
w
e
d
,
n
o
t
i
c
e
o
f
t
h
e
t
y
p
e
,
a
n
d
t
o
t
h
e
e
x
t
e
n
t
,
se
t
f
o
r
t
h
i
n
K
M
C
1
2
.
2
5
.
0
4
0
s
h
a
l
l
b
e
g
i
v
e
n
a
s
s
o
o
n
a
s
p
r
a
c
t
i
c
a
l
a
f
t
e
r
t
o
w
i
n
g
o
r
i
m
p
o
u
n
d
.
(d
)
W
h
e
r
e
t
h
e
o
w
n
e
r
o
r
o
t
h
e
r
i
n
t
e
r
e
s
t
e
d
p
e
r
s
o
n
c
a
n
n
o
t
b
e
r
e
a
d
i
l
y
a
s
c
e
r
t
a
i
n
e
d
,
n
o
t
i
c
e
b
y
p
u
b
l
i
c
a
t
i
o
n
s
h
a
l
l
b
e
gi
v
e
n
s
u
b
s
e
q
u
e
n
t
t
o
t
o
w
i
n
g
o
r
i
m
p
o
u
n
d
a
n
d
p
r
i
o
r
t
o
s
a
l
e
o
r
o
t
h
e
r
d
i
s
p
o
s
a
l
.
(e
)
T
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
s
h
a
l
l
k
e
e
p
a
r
e
c
o
r
d
o
f
a
l
l
v
e
h
i
c
l
e
s
i
m
p
o
u
n
d
e
d
,
c
o
n
t
a
i
n
i
n
g
d
a
t
e
o
f
i
m
p
o
u
n
d
i
n
g
,
de
s
c
r
i
p
t
i
o
n
o
f
v
e
h
i
c
l
e
a
n
d
c
o
n
t
e
s
t
s
t
h
e
r
e
i
n
,
c
a
u
s
e
f
o
r
w
h
i
c
h
i
m
p
o
u
n
d
e
d
,
a
n
d
o
t
h
e
r
i
n
f
o
r
m
a
t
i
o
n
d
e
e
m
e
d
pe
r
t
i
n
e
n
t
.
(2
)
Th
e
st
o
r
a
g
e
ar
e
a
mu
s
t
be
sh
i
e
l
d
e
d
from public view by a sight obscuring fence with a minimum height of six
fe
e
t
.
(3
)
An
y
st
o
r
e
d
Ju
n
k
Ve
h
i
c
l
e
mu
s
t
be covered with a cover designed for covering vehicles
(4
)
Ju
n
k
Ve
h
i
c
l
e
s
ma
y
on
l
y
be
st
o
r
e
d
on a property that has an existing principal permitted use.
[(
A
)
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
O
R
A
N
Y
M
E
M
B
E
R
O
F
H
I
S
O
R
H
E
R
D
E
P
A
R
T
M
E
N
T
D
E
S
I
G
N
A
T
E
D
B
Y
HI
M
O
R
H
E
R
I
S
H
E
R
E
B
Y
A
U
T
H
O
R
I
Z
E
D
T
O
R
E
M
O
V
E
O
R
H
A
V
E
R
E
M
O
V
E
D
A
N
Y
V
E
H
I
C
L
E
L
E
F
T
A
T
AN
Y
P
L
A
C
E
W
I
T
H
I
N
T
H
E
C
I
T
Y
W
H
I
C
H
R
E
A
S
O
N
A
B
L
Y
A
P
P
E
A
R
S
T
O
B
E
I
N
V
I
O
L
A
T
I
O
N
O
F
A
N
Y
RE
G
U
L
A
T
I
O
N
O
R
O
R
D
I
N
A
N
C
E
O
R
L
O
S
T
,
S
T
O
L
E
N
,
O
R
U
N
C
L
A
I
M
E
D
.
S
U
C
H
V
E
H
I
C
L
E
S
H
A
L
L
B
E
IM
P
O
U
N
D
E
D
U
N
T
I
L
L
A
W
F
U
L
L
Y
C
L
A
I
M
E
D
O
R
D
I
S
P
O
S
E
D
O
F
I
N
A
C
C
O
R
D
A
N
C
E
W
I
T
H
T
H
I
S
CH
A
P
T
E
R
.
(B
)
W
H
E
R
E
A
N
A
B
A
N
D
O
N
E
D
,
W
R
E
C
K
E
D
,
N
O
N
-
O
P
E
R
A
T
I
N
G
,
I
L
L
E
G
A
L
L
Y
P
A
R
K
E
D
O
R
DI
S
C
A
R
D
E
D
V
E
H
I
C
L
E
P
R
E
S
E
N
T
S
N
O
O
B
S
T
R
U
C
T
I
O
N
O
R
H
A
Z
A
R
D
A
N
D
I
S
P
R
O
P
E
R
L
Y
RE
G
I
S
T
E
R
E
D
A
N
D
L
I
C
E
N
S
E
D
,
S
O
T
H
A
T
T
H
E
O
W
NER OR OTHER INTERESTED PERSONS CAN BE
NO
T
I
F
I
E
D
,
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
,
O
R
D
E
S
I
G
N
E
E
S
H
A
L
L
G
I
V
E
N
O
T
I
C
E
B
Y
P
E
R
S
O
N
A
L
S
E
R
V
I
C
E
OR
C
E
R
T
I
F
I
E
D
M
A
I
L
W
I
T
H
R
E
T
U
R
N
R
E
C
E
I
P
T
R
E
Q
U
E
S
T
E
D
T
O
T
H
E
O
W
N
E
R
A
N
D
/
O
R
I
N
T
E
R
E
S
T
E
D
PE
R
S
O
N
S
T
A
T
I
N
G
:
(1
)
A
D
E
S
C
R
I
P
T
I
O
N
O
F
T
H
E
V
E
H
I
C
L
E
;
(2
)
T
H
E
V
I
O
L
A
T
I
O
N
O
R
R
E
A
S
O
N
F
O
R
P
O
L
I
C
E
A
C
T
I
O
N
;
(3
)
T
H
E
P
R
O
P
O
S
E
D
A
C
T
I
O
N
T
O
B
E
T
A
K
E
N
;
(4
)
T
H
E
R
I
G
H
T
O
F
T
H
E
P
E
R
S
O
N
N
O
T
I
F
I
E
D
T
O
A
H
E
A
R
I
N
G
W
I
T
H
,
A
N
D
A
N
O
P
P
O
R
T
U
N
I
T
Y
T
O
B
E
HE
A
R
D
B
Y
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
O
R
D
E
S
I
G
N
E
E
IN ORDER THAT THE PROPOSED ACTION OR
AM
O
U
N
T
D
U
E
M
A
Y
B
E
C
O
N
T
E
S
T
E
D
;
(5
)
T
H
A
T
S
A
I
D
V
E
H
I
C
L
E
W
I
L
L
B
E
T
O
W
E
D
,
I
M
P
O
U
N
D
E
D
,
A
N
D
/
O
R
D
I
S
P
O
S
E
D
O
F
I
F
U
N
C
L
A
I
M
E
D
FO
R
A
P
E
R
I
O
D
O
F
T
H
I
R
T
Y
(
3
0
)
D
A
Y
S
A
F
T
E
R
N
O
T
I
C
E
I
S
S
E
N
T
.
(C
)
W
H
E
R
E
A
N
A
B
A
N
D
O
N
E
D
,
W
R
E
C
K
E
D
,
N
O
N
-
O
P
E
R
A
T
I
N
G
,
I
L
L
E
G
A
L
L
Y
P
A
R
K
E
D
,
O
R
DI
S
C
A
R
D
E
D
V
E
H
I
C
L
E
P
R
E
S
E
N
T
S
A
N
O
B
S
T
R
U
C
T
I
O
N
O
R
H
A
Z
A
R
D
,
O
R
A
N
E
M
E
R
G
E
N
C
Y
E
X
I
S
T
S
,
AN
D
S
A
I
D
V
E
H
I
C
L
E
I
S
I
M
P
O
U
N
D
E
D
O
R
T
O
W
E
D
,
NOTICE OF THE TYPE, AND TO THE EXTENT,
SE
T
F
O
R
T
H
I
N
K
M
C
1
2
.
2
5
.
0
4
0
S
H
A
L
L
B
E
G
I
V
E
N
A
S
S
O
O
N
A
S
P
R
A
C
T
I
C
A
L
A
F
T
E
R
T
O
W
I
N
G
O
R
IM
P
O
U
N
D
.
(D
)
W
H
E
R
E
T
H
E
O
W
N
E
R
O
R
O
T
H
E
R
I
N
T
E
R
E
S
T
E
D
P
E
R
S
O
N
C
A
N
N
O
T
B
E
R
E
A
D
I
L
Y
AS
C
E
R
T
A
I
N
E
D
,
N
O
T
I
C
E
B
Y
P
U
B
L
I
C
A
T
I
O
N
S
H
A
L
L
B
E
G
I
V
E
N
S
U
B
S
E
Q
U
E
N
T
T
O
T
O
W
I
N
G
O
R
IM
P
O
U
N
D
A
N
D
P
R
I
O
R
T
O
S
A
L
E
O
R
O
T
H
E
R
D
I
S
P
O
S
A
L
.
(E
)
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
S
H
A
L
L
K
E
E
P
A
R
E
C
O
R
D
O
F
A
L
L
V
E
H
I
C
L
E
S
I
M
P
O
U
N
D
E
D
,
CO
N
T
A
I
N
I
N
G
D
A
T
E
O
F
I
M
P
O
U
N
D
I
N
G
,
D
E
S
C
R
I
P
T
I
O
N
O
F
V
E
H
I
C
L
E
A
N
D
C
O
N
T
E
S
T
S
T
H
E
R
E
I
N
,
CA
U
S
E
F
O
R
W
H
I
C
H
I
M
P
O
U
N
D
E
D
,
A
N
D
O
T
H
E
R
I
N
F
O
R
M
A
T
I
O
N
D
E
E
M
E
D
P
E
R
T
I
N
E
N
T
.
]
12
.
2
5
.
0
5
0
R
e
d
e
m
p
t
i
o
n
o
f
i
m
p
o
u
n
d
e
d
v
e
h
i
c
l
e
s
1
2
.
2
5
.
0
5
0
R
e
p
a
i
r
o
f
Ju
n
k
V
e
h
i
c
l
e
s
[
R
E
D
E
M
P
T
I
O
N
O
F
I
M
P
O
U
N
D
E
D
V
E
H
I
C
L
E
S
]
(a
)
A
f
t
e
r
a
v
e
h
i
c
l
e
h
a
s
b
e
e
n
i
m
p
o
u
n
d
e
d
a
s
p
r
o
v
i
d
e
d
by
r
e
g
u
l
a
t
i
o
n
o
r
o
r
d
i
n
a
n
c
e
a
n
d
t
h
e
o
w
n
e
r
o
r
au
t
h
o
r
i
z
e
d
r
e
p
r
e
s
e
n
t
a
t
i
v
e
o
f
t
h
e
o
w
n
e
r
o
f
t
h
e
v
e
h
i
c
l
e
c
l
a
i
m
s
t
h
e
s
a
m
e
,
h
e
o
r
s
h
e
s
h
a
l
l
b
e
i
n
f
o
r
m
e
d
o
f
th
e
n
a
t
u
r
e
a
n
d
c
i
r
c
u
m
s
t
a
n
c
e
s
c
a
u
s
i
n
g
t
h
e
i
m
p
o
u
n
d
m
e
n
t
o
f
s
u
c
h
v
e
h
i
c
l
e
a
n
d
t
o
o
b
t
a
i
n
r
e
l
e
a
s
e
th
e
r
e
o
f
s
h
a
l
l
p
a
y
a
l
l
t
o
w
i
n
g
a
n
d
s
t
o
r
a
g
e
f
e
e
s
u
n
l
e
s
s
p
u
r
s
u
a
n
t
t
o
K
M
C
1
2
.
2
5
.
0
4
0
i
t
i
s
a
d
m
i
n
i
s
t
r
a
t
i
v
e
l
y
de
t
e
r
m
i
n
e
d
t
h
a
t
t
h
e
a
c
t
i
o
n
t
a
k
e
n
w
a
s
u
n
w
a
r
r
a
n
t
e
d
,
i
n
w
h
i
c
h
c
a
s
e
t
h
e
v
e
h
i
c
l
e
s
h
a
l
l
b
e
r
e
l
e
a
s
e
d
im
m
e
d
i
a
t
e
l
y
t
o
t
h
e
o
w
n
e
r
w
i
t
h
o
u
t
c
o
l
l
e
c
t
i
o
n
o
f
f
e
e
s
o
r
o
t
h
e
r
c
h
a
r
g
e
s
.
(b
)
I
f
t
h
e
o
p
e
r
a
t
o
r
o
r
o
w
n
e
r
o
f
t
h
e
v
e
h
i
c
l
e
,
u
p
o
n
h
e
a
r
i
n
g
b
e
f
o
r
e
a
j
u
d
g
e
,
i
s
f
o
u
n
d
n
o
t
g
u
i
l
t
y
o
f
t
h
e
Ju
n
k
ve
h
i
c
l
e
s
sh
a
l
l
be
re
p
a
i
r
e
d
su
b
j
e
c
t
to the following restrictions:
(1
)
Ju
n
k
Ve
h
i
c
l
e
re
p
a
i
r
sh
a
l
l
ta
k
e
place within an enclosed structure or in a side or back yard.
(2
)
Wo
r
k
ma
y
no
t
be
co
n
d
u
c
t
e
d
on more than one vehicle at a time unless within an enclosed structure.
(3
)
Pa
r
t
s
,
eq
u
i
p
m
e
n
t
,
an
d
su
p
p
l
i
e
s
must be stored in an area that is screened from public view.
vi
o
l
a
t
i
o
n
o
f
w
h
i
c
h
h
e
o
r
s
h
e
i
s
c
h
a
r
g
e
d
,
t
h
e
i
m
p
o
u
n
d
e
d
v
e
h
i
c
l
e
s
h
a
l
l
b
e
r
e
l
e
a
s
e
d
i
m
m
e
d
i
a
t
e
l
y
t
o
t
h
e
ow
n
e
r
w
i
t
h
o
u
t
c
o
l
l
e
c
t
i
o
n
o
f
f
e
e
s
o
r
o
t
h
e
r
c
h
a
r
g
e
s
.
I
f
t
h
e
o
w
n
e
r
o
r
o
p
e
r
a
t
o
r
o
f
s
u
c
h
v
e
h
i
c
l
e
i
s
f
o
u
n
d
gu
i
l
t
y
b
y
t
h
e
j
u
d
g
e
,
a
n
y
f
i
n
e
i
m
p
o
s
e
d
u
n
d
e
r
t
h
e
p
r
o
v
i
s
i
o
n
s
o
f
t
h
e
a
p
p
r
o
p
r
i
a
t
e
s
e
c
t
i
o
n
o
f
t
h
i
s
t
i
t
l
e
s
h
a
l
l
be
i
n
a
d
d
i
t
i
o
n
t
o
t
h
e
t
o
w
i
n
g
a
n
d
s
t
o
r
a
g
e
c
h
a
r
g
e
s
h
e
r
e
i
n
p
r
e
s
c
r
i
b
e
d
.
(c
)
A
v
e
h
i
c
l
e
i
s
d
e
c
l
a
r
e
d
t
o
b
e
i
m
p
o
u
n
d
e
d
w
h
e
n
a
n
a
u
t
h
o
r
i
z
e
d
p
e
r
s
o
n
,
p
u
r
s
u
a
n
t
t
o
a
n
d
u
n
d
e
r
a
u
t
h
o
r
i
t
y
of
t
h
i
s
t
i
t
l
e
,
r
e
q
u
e
s
t
s
d
i
s
p
a
t
c
h
o
f
a
t
o
w
t
r
u
c
k
to
e
f
f
e
c
t
t
h
e
i
m
p
o
u
n
d
m
e
n
t
.
A
p
e
r
s
o
n
w
h
o
s
e
v
e
h
i
c
l
e
h
a
s
be
e
n
i
m
p
o
u
n
d
e
d
m
a
y
o
b
t
a
i
n
t
h
e
r
e
l
e
a
s
e
o
f
t
h
e
i
m
p
o
u
n
d
e
d
v
e
h
i
c
l
e
,
i
f
t
o
w
i
n
g
h
a
s
n
o
t
c
o
m
m
e
n
c
e
d
,
b
y
pa
y
i
n
g
t
h
e
t
o
w
c
o
n
t
r
a
c
t
o
r
t
h
e
t
a
r
i
f
f
e
d
o
r
c
o
n
t
r
a
c
t
r
a
t
e
a
s
p
r
o
v
i
d
e
d
f
o
r
c
a
n
c
e
l
e
d
t
r
i
p
s
,
p
r
o
v
i
d
e
d
t
h
a
t
su
c
h
i
m
p
o
u
n
d
m
e
n
t
i
s
o
n
e
w
h
e
r
e
t
h
e
o
w
n
e
r
i
s
e
n
t
i
t
l
e
d
to
r
e
l
e
a
s
e
o
f
t
h
e
v
e
h
i
c
l
e
.
T
h
i
s
s
e
c
t
i
o
n
h
a
s
n
o
ef
f
e
c
t
o
n
a
c
i
t
a
t
i
o
n
,
t
i
c
k
e
t
,
o
r
c
o
m
p
l
a
i
n
t
t
h
a
t
m
a
y
b
e
i
s
s
u
e
d
i
n
c
o
n
n
e
c
t
i
o
n
w
i
t
h
t
h
e
i
m
p
o
u
n
d
m
e
n
t
.
(4
)
Ju
n
k
Ve
h
i
c
l
e
re
p
a
i
r
is
no
t
al
l
o
w
e
d
within the public right‐of‐way.
(A
)
A
F
T
E
R
A
V
E
H
I
C
L
E
H
A
S
B
E
E
N
I
M
P
O
U
N
D
E
D
A
S
P
R
O
V
I
D
E
D
B
Y
R
E
G
U
L
A
T
I
O
N
O
R
O
R
D
I
N
A
N
C
E
AN
D
T
H
E
O
W
N
E
R
O
R
A
U
T
H
O
R
I
Z
E
D
R
E
P
R
E
S
E
N
T
A
T
I
V
E
O
F
T
H
E
O
W
N
E
R
O
F
T
H
E
V
E
H
I
C
L
E
CL
A
I
M
S
T
H
E
S
A
M
E
,
H
E
O
R
S
H
E
S
H
A
L
L
B
E
I
N
F
O
R
M
E
D
O
F
T
H
E
N
A
T
U
R
E
A
N
D
CI
R
C
U
M
S
T
A
N
C
E
S
C
A
U
S
I
N
G
T
H
E
I
M
P
O
U
N
D
M
E
N
T
O
F
S
U
C
H
V
E
H
I
C
L
E
A
N
D
T
O
O
B
T
A
I
N
RE
L
E
A
S
E
T
H
E
R
E
O
F
S
H
A
L
L
P
A
Y
A
L
L
T
O
W
I
N
G
A
N
D
S
T
O
R
A
G
E
F
E
E
S
U
N
L
E
S
S
P
U
R
S
U
A
N
T
T
O
KM
C
1
2
.
2
5
.
0
4
0
I
T
I
S
A
D
M
I
N
I
S
T
R
A
T
I
V
E
L
Y
D
E
TERMINED THAT THE ACTION TAKEN WAS
UN
W
A
R
R
A
N
T
E
D
,
I
N
W
H
I
C
H
C
A
S
E
T
H
E
V
E
H
I
C
L
E SHALL BE RELEASED IMMEDIATELY TO
TH
E
O
W
N
E
R
W
I
T
H
O
U
T
C
O
L
L
E
C
T
I
O
N
O
F
F
E
E
S
O
R
O
T
H
E
R
C
H
A
R
G
E
S
.
(B
)
I
F
T
H
E
O
P
E
R
A
T
O
R
O
R
O
W
N
E
R
O
F
T
H
E
V
E
H
I
C
L
E
,
U
P
O
N
H
E
A
R
I
N
G
B
E
F
O
R
E
A
J
U
D
G
E
,
I
S
FO
U
N
D
N
O
T
G
U
I
L
T
Y
O
F
T
H
E
V
I
O
L
A
T
I
O
N
O
F
W
H
I
C
H
H
E
O
R
S
H
E
I
S
C
H
A
R
G
E
D
,
T
H
E
IM
P
O
U
N
D
E
D
V
E
H
I
C
L
E
S
H
A
L
L
B
E
R
E
L
E
A
S
E
D
I
M
M
E
D
I
A
T
E
L
Y
T
O
T
H
E
O
W
N
E
R
W
I
T
H
O
U
T
CO
L
L
E
C
T
I
O
N
O
F
F
E
E
S
O
R
O
T
H
E
R
C
H
A
R
G
E
S
.
I
F
T
H
E
O
W
N
E
R
O
R
O
P
E
R
A
T
O
R
O
F
S
U
C
H
VE
H
I
C
L
E
I
S
F
O
U
N
D
G
U
I
L
T
Y
B
Y
T
H
E
J
U
D
G
E
,
A
N
Y
F
I
N
E
I
M
P
O
S
E
D
U
N
D
E
R
T
H
E
P
R
O
V
I
S
I
O
N
S
OF
T
H
E
A
P
P
R
O
P
R
I
A
T
E
S
E
C
T
I
O
N
O
F
T
H
I
S
T
I
T
L
E
S
H
A
L
L
B
E
I
N
A
D
D
I
T
I
O
N
T
O
T
H
E
T
O
W
I
N
G
AN
D
S
T
O
R
A
G
E
C
H
A
R
G
E
S
H
E
R
E
I
N
P
R
E
S
C
R
I
B
E
D
.
(C
)
A
V
E
H
I
C
L
E
I
S
D
E
C
L
A
R
E
D
T
O
B
E
I
M
P
O
U
N
D
E
D
W
H
E
N
A
N
A
U
T
H
O
R
I
Z
E
D
P
E
R
S
O
N
,
P
U
R
S
U
A
N
T
TO
A
N
D
U
N
D
E
R
A
U
T
H
O
R
I
T
Y
O
F
T
H
I
S
T
I
T
L
E
,
R
E
Q
U
E
S
T
S
D
I
S
P
A
T
C
H
O
F
A
T
O
W
T
R
U
C
K
T
O
EF
F
E
C
T
T
H
E
I
M
P
O
U
N
D
M
E
N
T
.
A
P
E
R
S
O
N
W
H
O
S
E
V
E
H
I
C
L
E
H
A
S
B
E
E
N
I
M
P
O
U
N
D
E
D
M
A
Y
OB
T
A
I
N
T
H
E
R
E
L
E
A
S
E
O
F
T
H
E
I
M
P
O
U
N
D
E
D
V
E
H
I
C
L
E
,
I
F
T
O
W
I
N
G
H
A
S
N
O
T
C
O
M
M
E
N
C
E
D
,
BY
P
A
Y
I
N
G
T
H
E
T
O
W
C
O
N
T
R
A
C
T
O
R
T
H
E
T
A
R
I
F
F
E
D
O
R
C
O
N
T
R
A
C
T
R
A
T
E
A
S
P
R
O
V
I
D
E
D
FO
R
C
A
N
C
E
L
E
D
T
R
I
P
S
,
P
R
O
V
I
D
E
D
T
H
A
T
SUCH IMPOUNDMENT IS ONE WHERE THE
OW
N
E
R
I
S
E
N
T
I
T
L
E
D
T
O
R
E
L
E
A
S
E
O
F
T
H
E
V
E
H
I
C
LE. THIS SECTION HAS NO EFFECT ON A
CI
T
A
T
I
O
N
,
T
I
C
K
E
T
,
O
R
C
O
M
P
L
A
I
N
T
T
H
A
T
M
AY BE ISSUED IN CONNECTION WITH THE
IM
P
O
U
N
D
M
E
N
T
.
12
.
2
5
.
0
6
0
D
i
s
p
o
s
i
t
i
o
n
-
D
e
s
t
r
u
c
t
i
o
n
12
.
2
5
.
0
6
0
I
m
p
o
u
n
d
i
n
g
o
f
V
e
h
i
c
l
e
s
a
n
d
J
u
n
k
a
n
d
A
b
a
n
d
o
n
e
d
V
e
h
i
c
l
e
s
[DISPOSITION - DESTRUCTION]
(a
)
I
f
t
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
o
r
d
e
s
i
g
n
e
e
d
e
t
e
r
m
i
n
e
s
t
h
a
t
a
n
a
b
a
n
d
o
n
e
d
v
e
h
i
c
l
e
i
m
p
o
u
n
d
e
d
p
u
r
s
u
a
n
t
t
o
t
h
i
s
ch
a
p
t
e
r
h
a
s
b
e
e
n
s
c
r
a
p
p
e
d
,
d
i
s
m
a
n
t
l
e
d
,
o
r
de
s
t
r
o
y
e
d
b
e
y
o
n
d
r
e
p
a
i
r
a
s
p
r
o
v
i
d
e
d
i
n
A
S
28
.
1
0
.
2
2
1
(
a
)
(
2
)
,
a
n
d
A
S
2
8
.
1
0
.
0
5
1
(
a
)
(
3
)
,
o
r
i
f
h
e
o
r
s
h
e
d
e
t
e
r
m
i
n
e
s
t
h
a
t
b
e
c
a
u
s
e
o
f
t
h
e
a
g
e
a
n
d
co
n
d
i
t
i
o
n
o
f
t
h
e
v
e
h
i
c
l
e
i
t
i
s
n
o
l
o
n
g
e
r
o
f
s
i
g
n
i
f
i
c
a
n
t
v
a
l
u
e
,
h
e
o
r
s
h
e
m
a
y
d
i
s
p
o
s
e
o
f
i
t
b
y
c
r
u
s
h
i
n
g
o
r
ot
h
e
r
m
e
a
n
s
o
f
d
e
s
t
r
u
c
t
i
o
n
u
p
o
n
t
h
e
e
x
p
i
r
a
t
i
o
n
o
f
th
e
t
h
i
r
t
y
(
3
0
)
d
a
y
p
e
r
i
o
d
r
e
q
u
i
r
e
d
b
y
K
M
C
12
.
2
5
.
0
4
0
.
(b
)
T
h
e
C
i
t
y
m
a
y
a
l
s
o
d
i
s
p
o
s
e
o
f
j
u
n
k
v
e
h
i
c
l
e
s
a
t
t
h
e
w
r
i
t
t
e
n
r
e
q
u
e
s
t
o
f
t
h
e
r
e
g
i
s
t
e
r
e
d
o
w
n
e
r
o
f
t
h
e
ve
h
i
c
l
e
o
r
p
e
r
s
o
n
i
n
l
a
w
f
u
l
p
o
s
s
e
s
s
i
o
n
o
r
c
o
n
t
r
o
l
o
f
t
h
e
v
e
h
i
c
l
e
.
T
h
i
s
w
r
i
t
t
e
n
r
e
q
u
e
s
t
s
h
a
l
l
b
e
o
n
a
f
o
r
m
pr
e
s
c
r
i
b
e
d
b
y
t
h
e
C
i
t
y
.
(a
)
Th
e
Ci
t
y
Ma
n
a
g
e
r
or
de
s
i
g
n
e
e
is hereby authorized to remove or have removed any vehicle left at any place
wi
t
h
i
n
th
e
Ci
t
y
wh
i
c
h
re
a
s
o
n
a
b
l
y
appears to be in violation of any regulation or ordinance or lost, stolen, or
un
c
l
a
i
m
e
d
.
Su
c
h
ve
h
i
c
l
e
sh
a
l
l
be impounded until lawfully claimed or disposed of in accordance with this
ch
a
p
t
e
r
.
(b
)
Wh
e
r
e
an
ab
a
n
d
o
n
e
d
,
ju
n
k
,
wrecked, non‐operating, illegally parked or discarded vehicle presents no
ob
s
t
r
u
c
t
i
o
n
or
ha
z
a
r
d
an
d
is
properly registered and licensed, so that the owner or other interested persons
ca
n
be
no
t
i
f
i
e
d
,
th
e
Ci
t
y
Ma
n
a
g
e
r
,
or designee shall give notice by personal service or certified mail with return
re
c
e
i
p
t
re
q
u
e
s
t
e
d
to
th
e
ow
n
e
r
and/or interested person stating:
(1
)
A de
s
c
r
i
p
t
i
o
n
of
th
e
ve
h
i
c
l
e
;
(2
)
Th
e
vi
o
l
a
t
i
o
n
or
re
a
s
o
n
for police action;
(3
)
Th
e
pr
o
p
o
s
e
d
ac
t
i
o
n
to
be taken;
(4
)
Th
e
ri
g
h
t
of
th
e
pe
r
s
o
n
notified to a hearing with, and an opportunity to be heard by the City Manager
or
de
s
i
g
n
e
e
in
or
d
e
r
th
a
t
the proposed action or amount due may be contested;
(5
)
Th
a
t
sa
i
d
ve
h
i
c
l
e
wi
l
l
be
towed, impounded, and/or disposed of if unclaimed for a period of thirty (30)
da
y
s
af
t
e
r
no
t
i
c
e
is
se
n
t
.
(c
)
Wh
e
r
e
an
ab
a
n
d
o
n
e
d
,
ju
n
k
,
wrecked, non‐operating, illegally parked, or discarded vehicle presents an
ob
s
t
r
u
c
t
i
o
n
or
ha
z
a
r
d
,
or
an
em
e
r
g
e
n
c
y
exists, and said vehicle is impounded or towed, notice of the type, and
to
th
e
ex
t
e
n
t
,
se
t
fo
r
t
h
in
KM
C
12.25.0[4]60 shall be given as soon as practical after towing or impound.
(d
)
Wh
e
r
e
th
e
ow
n
e
r
or
ot
h
e
r
in
t
e
r
e
s
t
e
d
person cannot be readily ascertained, notice by publication shall be given
su
b
s
e
q
u
e
n
t
to
to
w
i
n
g
or
im
p
o
u
n
d
and prior to sale or other disposal.
(e
)
Th
e
Ci
t
y
Ma
n
a
g
e
r
or
de
s
i
g
n
e
e
shall keep a record of all vehicles impounded, containing date of impounding,
de
s
c
r
i
p
t
i
o
n
of
ve
h
i
c
l
e
an
d
co
n
t
e
n
t
s
therein, cause for which impounded, and other information deemed
pe
r
t
i
n
e
n
t
.
[(
A
)
I
F
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
O
R
DESIGNEE DETERMINES THAT AN ABANDONED VEHICLE
IM
P
O
U
N
D
E
D
P
U
R
S
U
A
N
T
T
O
T
H
I
S
C
H
A
P
T
E
R
H
A
S
B
E
E
N
S
C
R
A
P
P
E
D
,
D
I
S
M
A
N
T
L
E
D
,
O
R
DE
S
T
R
O
Y
E
D
B
E
Y
O
N
D
R
E
P
A
I
R
A
S
PROVIDED IN AS 28.10.221(A)(2), AND AS 28.10.051(A)(3),
OR
I
F
H
E
O
R
S
H
E
D
E
T
E
R
M
I
N
E
S
T
H
A
T
B
E
C
A
U
S
E
O
F
T
H
E
A
G
E
A
N
D
C
O
N
D
I
T
I
O
N
O
F
T
H
E
VE
H
I
C
L
E
I
T
I
S
N
O
L
O
N
G
E
R
O
F
S
I
G
N
I
F
I
C
A
N
T
V
A
L
U
E
,
H
E
O
R
S
H
E
M
A
Y
D
I
S
P
O
S
E
O
F
I
T
B
Y
CR
U
S
H
I
N
G
O
R
O
T
H
E
R
M
E
A
N
S
O
F
D
E
S
T
R
U
C
T
I
O
N
U
P
O
N
T
H
E
E
X
P
I
R
A
T
I
O
N
O
F
T
H
E
T
H
I
R
T
Y
(3
0
)
D
A
Y
P
E
R
I
O
D
R
E
Q
U
I
R
E
D
B
Y
K
M
C
1
2
.
2
5
.
0
4
0
.
]
[(
B
)
T
H
E
C
I
T
Y
M
A
Y
A
L
S
O
D
I
S
P
O
S
E
O
F
J
U
N
K
V
E
H
I
C
L
E
S
A
T
T
H
E
W
R
I
T
T
E
N
R
E
Q
U
E
S
T
O
F
T
H
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RE
G
I
S
T
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R
E
D
O
W
N
E
R
O
F
T
H
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V
E
H
I
C
L
E
O
R
P
E
R
S
O
N
I
N
L
A
W
F
U
L
P
O
S
S
E
S
S
I
O
N
O
R
C
O
N
T
R
O
L
OF
T
H
E
V
E
H
I
C
L
E
.
T
H
I
S
W
R
I
T
T
E
N
R
E
Q
U
E
S
T
S
H
A
L
L
B
E
O
N
A
F
O
R
M
P
R
E
S
C
R
I
B
E
D
B
Y
T
H
E
CI
T
Y
.
]
12
.
2
5
.
0
7
0
S
a
l
e
o
f
i
m
p
o
u
n
d
e
d
v
e
h
i
c
l
e
s
.
12
.
2
5
.
0
7
0
R
e
d
e
m
p
t
i
o
n
o
f
I
m
p
o
u
n
d
e
d
V
e
h
i
c
l
e
s
[SALE OF IMPOUNDED VEHICLES]
Wh
e
n
a
v
e
h
i
c
l
e
h
a
s
b
e
e
n
i
m
p
o
u
n
d
e
d
f
o
r
v
i
o
l
a
t
i
o
n
s
o
f
t
h
i
s
t
i
t
l
e
,
t
h
e
C
h
i
e
f
o
f
P
o
l
i
c
e
o
r
d
e
s
i
g
n
a
t
e
d
a
g
e
n
t
s
h
a
l
l
se
n
d
a
n
o
t
i
c
e
b
y
c
e
r
t
i
f
i
e
d
m
a
i
l
t
o
b
o
t
h
t
h
e
l
e
g
a
l
a
n
d
r
e
g
i
s
t
er
e
d
o
w
n
e
r
o
f
t
h
e
v
e
h
i
c
l
e
,
i
f
d
i
f
f
e
r
e
n
t
p
e
r
s
o
n
s
,
w
h
e
n
th
e
n
a
m
e
o
f
t
h
e
o
w
n
e
r
o
r
o
w
n
e
r
s
c
a
n
b
e
a
s
c
e
r
t
a
i
n
e
d
b
y
ch
e
c
k
i
n
g
t
h
e
r
e
c
o
r
d
s
o
f
t
h
e
A
l
a
s
k
a
D
e
p
a
r
t
m
e
n
t
o
f
Pu
b
l
i
c
S
a
f
e
t
y
.
T
h
e
n
o
t
i
c
e
s
h
a
l
l
a
c
c
u
r
a
t
e
l
y
d
e
s
c
r
i
b
e
t
he
v
e
h
i
c
l
e
a
n
d
a
n
y
p
r
o
p
e
r
t
y
t
h
e
r
e
i
n
,
g
i
v
e
t
h
e
d
a
t
e
t
h
e
ve
h
i
c
l
e
w
a
s
i
m
p
o
u
n
d
e
d
a
n
d
s
t
a
t
e
t
h
a
t
u
n
l
e
s
s
t
h
e
v
e
h
i
c
l
e
i
s
r
e
cl
a
i
m
e
d
w
i
t
h
i
n
t
h
i
r
t
y
(
3
0
)
d
a
y
s
f
r
o
m
t
h
e
d
a
t
e
o
f
th
e
n
o
t
i
c
e
,
i
t
w
i
l
l
b
e
d
i
s
p
o
s
e
d
o
f
p
u
r
s
u
a
n
t
t
o
S
t
a
t
e
l
a
w
.
(a
)
Af
t
e
r
a
ve
h
i
c
l
e
ha
s
be
e
n
im
p
o
u
n
d
e
d
as provided by regulation or ordinance and the owner or authorized
re
p
r
e
s
e
n
t
a
t
i
v
e
of
th
e
ow
n
e
r
of the vehicle claims the same, he or she shall be informed of the nature and
ci
r
c
u
m
s
t
a
n
c
e
s
ca
u
s
i
n
g
th
e
im
p
o
u
n
d
m
e
n
t
of such vehicle. He or she shall obtain a release thereof and shall pay
al
l
to
w
i
n
g
an
d
st
o
r
a
g
e
fe
e
s
un
l
e
s
s
pursuant to KMC 12.25.060 it is administratively determined that the action
ta
k
e
n
wa
s
un
w
a
r
r
a
n
t
e
d
,
in
which case the vehicle shall be released immediately to the owner without
co
l
l
e
c
t
i
o
n
of
fe
e
s
or
ot
h
e
r
ch
a
r
g
e
s
.
(b
)
If
th
e
op
e
r
a
t
o
r
or
ow
n
e
r
of
th
e
vehicle, upon hearing before a magistrate and or judge in a court of law, is
fo
u
n
d
no
t
gu
i
l
t
y
of
th
e
vi
o
l
a
t
i
o
n
of which he or she is charged, the impounded vehicle shall be released
im
m
e
d
i
a
t
e
l
y
to
th
e
ow
n
e
r
wi
t
h
o
u
t
collection of fees or other charges. If the owner or operator of such vehicle
is
fo
u
n
d
gu
i
l
t
y
by
th
e
ma
g
i
s
t
r
a
t
e
and or judge in a court of law, any fine imposed under the provisions of the
ap
p
r
o
p
r
i
a
t
e
se
c
t
i
o
n
of
th
i
s
ti
t
l
e
shall be in addition to the towing and storage charges herein prescribed.
(c
)
A ve
h
i
c
l
e
is
de
c
l
a
r
e
d
to
be
im
p
o
u
n
d
e
d
when an authorized person, pursuant to and under authority of this title,
re
q
u
e
s
t
s
di
s
p
a
t
c
h
of
a to
w
tr
u
c
k
to effect the impoundment. A person whose vehicle has been impounded may
ob
t
a
i
n
th
e
re
l
e
a
s
e
of
th
e
im
p
o
u
n
d
e
d
vehicle, if towing has not commenced, by paying the tow contractor the
ta
r
i
f
f
e
d
or
co
n
t
r
a
c
t
ra
t
e
as
pr
o
v
i
d
e
d
for canceled trips, provided that such impoundment is one where the
ow
n
e
r
is
en
t
i
t
l
e
d
to
re
l
e
a
s
e
of
the vehicle. This section has no effect on a citation, ticket, or complaint that may
be
is
s
u
e
d
in
co
n
n
e
c
t
i
o
n
wi
t
h
th
e
impoundment.
[W
H
E
N
A
V
E
H
I
C
L
E
H
A
S
B
E
E
N
I
M
P
O
U
N
D
E
D
F
O
R
V
I
O
L
A
T
I
O
N
S
O
F
T
H
I
S
T
I
T
L
E
,
T
H
E
C
H
I
E
F
O
F
P
O
L
I
C
E
OR
D
E
S
I
G
N
A
T
E
D
A
G
E
N
T
S
H
A
L
L
S
E
N
D
A
N
O
T
I
C
E
B
Y
C
E
R
T
I
F
I
E
D
M
A
I
L
T
O
B
O
T
H
T
H
E
L
E
G
A
L
A
N
D
RE
G
I
S
T
E
R
E
D
O
W
N
E
R
O
F
T
H
E
V
E
H
I
C
L
E
,
I
F
D
I
F
F
E
R
E
N
T
P
E
R
S
O
N
S
,
W
H
E
N
T
H
E
N
A
M
E
O
F
T
H
E
OW
N
E
R
O
R
O
W
N
E
R
S
C
A
N
B
E
A
S
C
E
R
T
A
I
N
E
D
B
Y
C
H
E
C
K
I
N
G
T
H
E
R
E
C
O
R
D
S
O
F
T
H
E
A
L
A
S
K
A
DE
P
A
R
T
M
E
N
T
O
F
P
U
B
L
I
C
S
A
F
E
T
Y
.
T
H
E
N
O
T
I
C
E
S
H
A
L
L
A
C
C
U
R
A
T
E
L
Y
D
E
S
C
R
I
B
E
T
H
E
V
E
H
I
C
L
E
A
N
D
AN
Y
P
R
O
P
E
R
T
Y
T
H
E
R
E
I
N
,
G
I
V
E
T
H
E
D
A
T
E
T
H
E
V
E
H
I
C
L
E
W
A
S
I
M
P
O
U
N
D
E
D
A
N
D
S
T
A
T
E
T
H
A
T
UN
L
E
S
S
T
H
E
V
E
H
I
C
L
E
I
S
R
E
C
L
A
I
M
E
D
W
I
T
H
I
N
T
H
I
R
T
Y
(
3
0
)
D
A
Y
S
F
R
O
M
T
H
E
D
A
T
E
O
F
T
H
E
N
O
T
I
C
E
,
IT
W
I
L
L
B
E
D
I
S
P
O
S
E
D
O
F
P
U
R
S
U
A
N
T
T
O
S
T
A
T
E
L
A
W
.
]
12
.
2
5
.
0
8
0
W
a
i
v
e
r
o
f
c
l
a
i
m
s
o
f
d
a
m
a
g
e
s
.
12
.
2
5
.
0
8
0
D
i
s
p
o
s
i
t
i
o
n
–
D
e
s
t
r
u
c
t
i
o
n
[WAIVER OF CLAIMS OF DAMAGES]
An
o
w
n
e
r
o
f
a
n
a
b
a
n
d
o
n
e
d
,
d
i
s
c
a
r
d
e
d
o
r
i
l
l
e
g
a
l
l
y
p
a
r
k
e
d
v
eh
i
c
l
e
,
w
a
i
v
e
s
a
n
y
c
l
a
i
m
s
h
e
o
r
s
h
e
m
a
y
h
a
v
e
f
o
r
da
m
a
g
e
t
o
h
i
s
o
r
h
e
r
v
e
h
i
c
l
e
w
h
i
c
h
m
a
y
r
e
s
u
l
t
f
r
o
m
a
c
t
i
o
n
s
t
a
k
e
n
p
u
r
s
u
a
n
t
t
o
t
h
i
s
c
h
a
p
t
e
r
.
S
u
c
h
d
a
m
a
g
e
in
c
l
u
d
e
s
,
b
u
t
i
s
n
o
t
l
i
m
i
t
e
d
t
o
,
a
c
c
i
d
e
n
t
a
l
d
a
m
a
g
e
o
r
d
e
s
t
r
u
c
t
i
o
n
o
c
c
a
s
i
o
n
e
d
b
y
r
e
m
o
v
a
l
,
t
r
a
n
s
p
o
r
t
,
s
t
o
r
a
g
e
,
an
d
a
c
t
s
o
f
t
h
i
r
d
p
a
r
t
i
e
s
.
(a
)
If
th
e
Ci
t
y
Ma
n
a
g
e
r
or
de
s
i
g
n
e
e
determines that an abandoned vehicle impounded pursuant to this chapter has
be
e
n
sc
r
a
p
p
e
d
,
di
s
m
a
n
t
l
e
d
,
or destroyed beyond repair as provided in AS 28.10.221(a)(2), and AS
28
.
1
0
.
0
5
1
(
a
)
(
3
)
,
or
if
he
or
sh
e
determines that because of the age and condition of the vehicle it is no longer
of
si
g
n
i
f
i
c
a
n
t
va
l
u
e
,
he
or
sh
e
may dispose of it by crushing or other means of destruction upon the expiration
of
th
e
th
i
r
t
y
(3
0
)
da
y
pe
r
i
o
d
re
q
u
i
r
e
d
by KMC 12.25.060.
(b
)
Th
e
Ci
t
y
ma
y
al
s
o
di
s
p
o
s
e
of
Ju
n
k
Vehicles at the written request of the registered owner of the vehicle or
pe
r
s
o
n
in
la
w
f
u
l
po
s
s
e
s
s
i
o
n
or
control of the vehicle. This written request shall be on a form prescribed by the
Ci
t
y
.
[A
N
O
W
N
E
R
O
F
A
N
A
B
A
N
D
O
N
E
D
,
D
I
S
C
A
R
D
E
D
O
R
I
L
L
E
G
A
L
L
Y
P
A
R
K
E
D
V
E
H
I
C
L
E
,
W
A
I
V
E
S
A
N
Y
CL
A
I
M
S
H
E
O
R
S
H
E
M
A
Y
H
A
V
E
F
O
R
D
A
M
A
G
E
T
O
H
I
S
O
R
H
E
R
V
E
H
I
C
L
E
W
H
I
C
H
M
A
Y
R
E
S
U
L
T
F
R
O
M
AC
T
I
O
N
S
T
A
K
E
N
P
U
R
S
U
A
N
T
T
O
T
H
I
S
C
H
A
P
T
E
R
.
S
U
C
H
D
A
M
A
G
E
I
N
C
L
U
D
E
S
,
B
U
T
I
S
N
O
T
L
I
M
I
T
E
D
TO
,
A
C
C
I
D
E
N
T
A
L
D
A
M
A
G
E
O
R
D
E
S
T
R
U
C
T
I
O
N
O
C
C
A
S
I
O
N
E
D
B
Y
R
E
M
O
V
A
L
,
T
R
A
N
S
P
O
R
T
,
S
T
O
R
A
G
E
,
AN
D
A
C
T
S
O
F
T
H
I
R
D
P
A
R
T
I
E
S
.
]
12
.
2
5
.
0
8
0
P
e
n
a
l
t
y
.
12
.
2
5
.
0
9
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Page 42 of 58
Page 42 of 58
ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
APRIL 15, 2015
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVE., KENAI, AK 99611
http://www.kenai.city
A. CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Special Order of Business – Recognition of Shop Maintenance Department
for Receiving Governor’s Safety Award.
4. Agenda Approval
5. Consent Agenda (Public comment limited to three (3) minutes per speaker;
thirty (30) minutes aggregated)
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be
no separate discussion of these items unless a council 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.
B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes
per speaker)
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED UNANIMOUSLY. Ordinance No. 2823-2015 – Accepting and
Appropriating a Federal Grant from the Institute of Museum and Library
Services (IMLS) Passed through the Alaska State Library for Conversion Costs
Associated with the City of Kenai Library Joining the Alaska Joint Catalog
Consortium.
2. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2015-17 –
Awarding an Agreement for Construction of Well 2D Water System
Improvements.
3. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2015-18 –
Awarding an Agreement for Construction of Warm Storage 2015.
4. ADOPTED UNANIMOUSLY. Resolution No. 2015-19 – Authorizing a Budget
Transfer within the General Fund – Shop Department for the Replacement of
an Aging Shop Diagnostic Tool.
Page 43 of 58
Page 43 of 58
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of April 1, 2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Purchase
Orders Exceeding $15,000.
3. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Non-
Objection of Liquor License Renewal for Peninsula Moose Lodge # 1942.
4. APPROVED BY THE CONSENT AGENDA. *Action/Approval – 2 Go Mart
Liquor License Transfer of Ownership from Tesoro Northstore Company to AK
Inc.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
5/6. *Ordinance No. 2824-2015 – Accepting and Appropriating $1,585.00 in
Asset Forfeiture Sharing Funds Received for the City’s Participation with the
Alaska State Troopers, Alaska Bureau of Investigation - Statewide Drug
Enforcement Unit.
6. DIRECTION TO MOVE FORWARD WITH ALTERNATIVE NO. 2.
Action/Approval – Providing Direction to the City Manager on Donating Land
to the Kenai Performers.
7. APPROVED. Action/Approval – Scheduling a Work Session on May 6, 2015
at 5:30 p.m. for a Classification Study Presentation.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
Kenai City Council Meeting Page 2 of 3
April 15, 2015
Page 44 of 58
Page 44 of 58
1. City Manager
2. City Attorney
3. City Clerk
K. ADDITIONAL PUBLIC COMMENT
1. Citizens Comments (Public comment limited to five (5) minutes per speaker)
2. Council Comments
L. EXECUTIVE SESSION – None Scheduled.
M. PENDING ITEMS
1. Resolution No. 2015-12 – Supporting Alaska State Senate Bill 1, an Act
Prohibiting Smoking in Certain Places; Relating to Education on the Smoking
Prohibition.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Crouch, Michelle. “13 Things Mayors Won’t Tell You.” Readers Digest Mar.
2015:142-143. Print.
The agenda and supporting documents are posted on the City’s website at
www.kenai.city. Copies of resolutions and ordinances are available at the City Clerk’s
Office or outside the Council Chamber prior to the meeting. For additional information,
please contact the City Clerk’s Office at 907-283-8231.
Kenai City Council Meeting Page 3 of 3
April 15, 2015
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u
'Villaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 1II II
":
MEMORANDUM:
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: April 22, 2015
SUBJECT: Item Number 6a PZ15 -04 — Tyotkas Elder Center
The purpose of this communication is to clarify the measurement of setbacks from
easements and Right -of -Ways as required on the Development Requirements Table in
Kenai Municipal Code (KMC) 14.24.020, Footnote (1). Also, recommend revised
Condition of Approval Number 3.
Setbacks
As discussed in the Staff Report for PZ15 -04, the subject parcel is zoned Townsite
Historic District (TSH) and has a setback requirement of 10 feet from the front and rear
property line and 5 feet from the side property line. In reference to front setbacks, KMC
14.24.020, Footnote (1) states "Provided that the minimum front setback is measured
from any right -of -way or access easement."
Pursuant to the Development Requirements Table in KMC 14.24.020, Footnote (1) the
front 10 foot setback would be measured from the edge of the 5 foot Street Easement
as shown on the Recorded Plat KEN: 2012 -11 Townsite of Kenai Kenaitze Addition
Subdivision. In Old Town Kenai, the street right -of -ways are very narrow and only 30
feet wide along Mission Avenue and Upland Street. As such, the street improvements
including a portion of the street and the gutter and curb are located within the Street
Easement. The purpose of the Street Easement as shown on the Plat KEN: 2012 -11 is
for public street purposes adjoining Mission Avenue Right -of -Way and Upland Street
Right -of -Way and is granted to the City of Kenai. Given that these Street Easements
are for purposes of maintain continued public access they would therefore be classified
as an Access Easement under KMC 14.24.020, Footnote (1). Therefore, pursuant to
KMC 14.24.020, Footnote (1), the required front setback would be measured from the
edge of the 5 foot Street Easement located on the subject parcel.
As shown on the submitted site plan, the proposed Tyotkas Elder Center would be
constructed at a distance of 12 feet from the front property line along Mission Avenue
and at a distance of 10 feet 6 inches from the front property line along Upland Street.
� Page 2 of 32
To comply with the required front setbacks outlined in Kenai Municipal Code, the
applicant will be required to relocate the proposed Tyotkas Elder Center building. Along
Mission Avenue, the proposed building will need to be relocated a distance of 3 feet
and along Upland Street a distance of 5 feet for a setback of 10 feet from the edge of
the Street Easement.
Revised Condition of Approval Number 3
3. Prior to the issuance of the Building Permit for the Tvotkas Elder Center, the
applicant shall submit a revised site plan showing the location of the building to be at
a distance of 10 feet from the edge of the 5 -foot Street Easement along Mission
Avenue and Upland Street as shown on Plat Number 2012 -11: Townsite of Kenai,
Kenaitze Addition Subdivision. Pursuant to Kenai Municipal Code 14.24.020,
Footnote (1).
Thank you for your consideration.
I
�� Page 3 of 32
kW
"'V llaye with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -04
CONDITIONAL USE PERMIT, VARIANCE,
TOWNSITE HISTORIC DISTRICT REVIEW
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT, VARIANCE
AND A TOWNSITE HISTORIC DISTRICT REVIEW FOR THE CONSTRUCTION OF A
6,500- SQUARE -FOOT MIXED USE SOCIAL HALL WITH A DINING FACILITY,
COMMUNITY AREA, LIBRARY, CONFERENCE /CRAFT AREA AND OFFICE AREAS
TO SERVE AS THE TYOTKAS ELDER CENTER.
APPLICANT: KENAITZE INDIAN TRIBE
ADDRESS: P.O. BOX 988, KENAI, ALASKA 99611
PROPERTY ADDRESS: 1000 MISSION AVENUE, KENAI, ALASKA 99611
LEGAL DESCRIPTION: LOT 16A, BLOCK 5, TOWNSITE OF KENAI, KENAITZE
ADDITION SUBDIVISION
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04707131
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Sections 14.20.105, 14.20.150
and 14.20.180 of the Kenai Municipal Code has been submitted and received on
March 13, 2015;
2. This request is located on land zoned as Townsite Historic District.
3. That a duly advertised public hearing as required by Kenai Municipal Code
14.20.153 was conducted by the Commission on April 22, 2015.
4. The Planning & Zoning Commission has found that the applicant has
demonstrated with plans and other documents and has found which are a
prerequisite to issuance of a Conditional Use Permit, Variance and a Townsite
Historic Development Review have been met, as follows:
Page 4 of 32
CONDITIONAL USE PERMIT FINDINGS:
KMC 14.20.150 details the intent and application process for conditional uses. The
code also specifies the review criteria that must be satisfied prior to issuing the permit.
The criterions are:
1. The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
The Townsite Historic District "is intended to provide for a mixed, controlled use
in a designated area, which will protect and enhance the historic character of the
zone. The goal of the TSH zone is to manage all new development,
reconstruction and alterations within the zone." The new Tyotkas Elder Center
building will replace the existing building which has been found to be structurally
unsafe. A Conditional Use Permit is required for the proposed project because
the building will be a mixed use facility containing a commercial kitchen and used
to serve meals in a restaurant -type setting. In addition, the new Tyotkas Elder
Center will provide a place for the Kenaitze Tribe to gather for social and cultural
events which will also include a library and conference /crafts area and offices.
2. The value of the adjoining property and neighborhood will not be significantly
impaired.
The proposed development will not impair the adjoining property in the area and
should encourage development and revitalization in the TSH zoning district.
The proposed Tyotkas Elder Center will enhance the surrounding neighborhood
as it will replace an existing building which has been declared structurally unsafe
by and licensed engineer.
3. The proposed use is in harmony with the Comprehensive Plan.
The area is classified as Mixed Use /Townsite Historic District in the
Comprehensive Plan. Mixed Use is defined as, "The Mixed Use district fosters a
compatible mix of retail, service, office, public, institutional, recreational and
multi - family residential uses. The district does not prescribe specific proportions
for these uses, only that all these uses are desirable within the district. Mixed
uses are particularly desirable in the Townsite Historic District and City Center
overlay zone. "'
"The Kenai Townsite Historic District, comprising thirty -four properties in the
traditional townsite, was created by the City of Kenai in 1993. The district is
locally significant, but does not meet the standards for a National Register
Historic District. Several individual buildings may qualify.
I City of Kenai Comprehensive Plan — Page 29
Page 5 of 32
The district's buildings span Kenai's evolution from its origin as a subsistence
village through the Russian settlement period to today's modern city. Unhappily,
many of the district's oldest, most historic buildings were lost before the city
created a special zoning district and ordinance to conserve the old townsite. The
goal is to manage new development, reconstruction, and building alterations to
protect and enhance the district's historic character. All construction in the
district must be compatible with development criteria. Residential and business
uses are regarded as desirable and compatible mixed uses .,,2
The proposed use appears in harmony with the Comprehensive Plan. This is a
mixed -use development. No historical buildings will be removed as part of the
development plan. The site has been planned to be compatible with the
development criteria for the TSH zoning district.
4. Public services and facilities are adequate to serve the proposed use.
The site is served by city water and sewer, natural gas, electric, and telephone.
The site is served by paved, maintained city streets. Public services are
adequate to serve the proposed use. 41
5. The proposed use will not be harmful to the public safety, health or welfare.
The new Tyotkas Elder Center will provide a public health benefit by supporting
the health and welfare of the elderly native population of the City of Kenai. The
proposed use will not be harmful to the public safety, health, or welfare.
6. Any and all specific conditions deemed necessary by the commission to fulfill the
above - mentioned conditions should be met by the applicant. These may include,
but are not limited to measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the
proposed use.
See Conditions of Approval below.
VARIANCE FINDINGS:
KMC 14.20.180 details the intent and application process for Variance Permits. The
Code also outlines the review criteria that should be used by the Planning and Zoning
Commission to determine if a variance should be granted. The Commission shall
establish a finding that all of the following conditions exist as a prerequisite to issuance
of a variance permit:
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 zoning district.
2 City of Kenai Comprehensive Plan — Page 15
�_ Page 6 of 32
The Kenaitze Indian Tribe has used the property for many years as its Elders
Center. The existing building is a one story building with an approximate size of
4,945 square feet. The footprint of the new Tyotkas Elder Center will be
increased by 1,555 square feet to accommodate the growth in the elderly
population served by the Tribe. To better accommodate the needs of the Tribe
elders a new building is needed. Construction of a two -story building would not
serve the needed functionally required to better serve the Tribe.
2. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
The Kenaitze Indian Tribe has been researching this project for a lengthy period
of time and considered various options. The size of the building is necessary to
accommodate the facility. The request does not merely constitute a pecuniary
hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
The variance requested to exceed the commercial building total allowed area of
5,000- square -feet does not authorize a use that is not a permitted principal use in
the zoning district. This is a request to relax a development requirement for the
size of the structure. 41
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and /or structure.
The Kenaitze Indian Tribe has been working with a team of dedicated architects
to determine the minimum size for the building that will accommodate all the
various services. The application is based on various codes and minimum
construction standards for the various uses.
5. 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.
The requested variance is not based on other non - conforming land uses or
structures in the same zoning district.
TSH DEVELOPMENT REVIEW:
The TSH zoning district development criteria restricts commercial buildings to a total
area of 5,000 square feet.
The TSH zoning district is historically significant to the City of Kenai and the State of
Alaska.
` Page 7 of 32
In 1996, the City of Kenai enlisted consultants to conduct a historic survey of the
Townsite Historic Zoning District. That survey identified historical themes of the area:3
• Dena'ina Building Tradition: A.D. 1000 -1890
• Russian Exploration and Fur Trade: 1741 -1866
• The Russian Orthodox Church: 1841 -1096 (extant properties, 1881 -1906)
• United States Purchase of Alaska, 1867: Fort Kenay, 1869 -1870
• Early Community Building Era: 1898 -1926
• Kenaitze Subsistence: 1900 -1941
• Federal Programs for Agriculture and Sustainable Resource Management: 1898-
1958 (extant properties, 1935 -1958)
"The Historic Townsite area sits on a bluff facing south, near the confluence of the
Kenai River and Cook Inlet.
From the period of Dena'ina occupation through the Kenaitze Subsistence Era, village
residents walked down paths from the bluff to the beach below to fish and haul water. ,4
The Kenaitze Indian Tribe is seeking a Conditional Use Permit, a Variance Permit, and
Townsite Historic District Review to allow for the construction of an approximately
6,500- square -foot Tyotkas Elder Center.
The Tribe, the original occupants of this land, have carefully considered options for the
planned facility and determined this location and the size of the structure meets the
needs of their members. With careful and controlled site development, as shown on the
attached plans, the building can be built in the TSH zone in a manner to preserve the
integrity of the zone and to protect the cultural and historical significance of the district.
!
're .
m
3 "Kenai Townsite Historic District Survey Report" —Page 11
4 "Kenai Townsite Historic District Survey Report"— Page 12
Page 8 of 32
CONDITIONS OF APPROVAL
1. Approval of PZ15 -04 shall be contingent on approval of Landscape /Site Plan
PZ15 -05 by the Planning & Zoning Administration.
2. Prior to commencement of construction, applicant shall be required to obtain all
appropriate Building Permits.
3. Prior to the issuance of the Building Permit for the Tvotkas Elder Center, the
applicant shall submit a revised site plan showing the location of the building to
be at a distance of 10 feet from the edge of the 5 -foot Street Easement along
Mission Avenue and Upland Street as shown on Plat Number 2012 -11: Townsite
of Kenai, Kenaitze Addition Subdivision. Pursuant to Kenai Municipal Code
14.24.020, Footnote (1).
4. Prior to the issuance of the Certificate of Occupancy for the Tvotkas Elder
Center, the applicant shall apply for a Conditional Use Permit for an Off -site
Parking Lot to replace the seven (7) on -site parking spaces being removed to
accommodate the driveway entrance located on the adjacent parcel containing
the Dena'ina Wellness Center.
5. Prior to the issuance of a Certificate of Occupancy for the Tyotkas Elder Center,
applicant shall pave the proposed parking areas around the Tyotkas Elder
Center. All paving shall be approved by the City of Kenai, Public Works
Department.
6. Connections to Water and Sewer Utilities shall be approved by the Public Works
Department.
Prior to the construction and placement of a new sign for the Tyotkas Elder
Center, property owner shall apply for a Sign Permit.
8. Applicant shall file an annual report for the Conditional Use Permit as set forth in
KMC 14.20.156.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE PROPOSED TYOTKAS ELDER
CENTER MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND
THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE
OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 22T" DAY OF APRIL, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
Page 9 of 32
Ktl-tI V ED
APPLICATION FOR CONDITIONAL USE PERMIT CIT1 OF KEfq.'J j
KMC 14.20.150 yid 13 2x3 f
PLANNING uFP'
„ •: ni +TM6NT
PROPERTY OWNER
PETITIONER REPRESENTATIVE
Name: Kenaitze Indian Tribe
Name: Stan Mishin
Mailing Address: PO Box 988
Mailing Address: PO Box 370
City, State Zip: Kenai, AK 99611
City, State Zip: Kenai, AK 99611
Phone Number:
Phone Number: (907) 953 -9580
Fax Number:
Fax Number:
Email: I
Email: Stancgkahtnu.com
PROPERTY INFORMATION
Property Tax ID #: 04707131
Site Street Address: 1000 Mission Ave, Kenai, AK 99611
Current Legal Description: T 5N R 11 W Sec 5 Kenaitze Addn Sub Lot 16A Block 5
Conditional Use Requested For: (Describe the project, and use additional sheets if necessary)
The property owner plans to construct a 6,500 square foot facility in place of the current
principal structure, which was found to be structurally unsafe and will be demolished.
The new building will function as Elders Center and have a commercial kitchen to serve
meals to tribal elders. The land use table for the Townsite Historic Zoning District requires
a conditional use permit for food service restaurant -type facilities.
Zoning: Townsite Historic
Acreage: 0.68
DOCUMENTATION
Required Attachments: Completed Application Form
Site Plan /Floor Plan with Square Footage
$125 Fee (plus applicable sales tax)Q\
KPB Tax Compliance (if applicable)
State Business License (if applicable) _ q zko za
My I "Wm11 1 1 v Mr 1 rUR vWIYU111UNAL U,-WC:
I hereby certify that (I am) (I have been authorized to act for) owner of the property
described above and that I petition for a conditional use permit in conformance with
Title 14 of the Kenai Municipal Code. I understand that payment of the application fee
is nonrefundable and is to cover the costs associated with processing this application,
and that it does not assure approval of the conditional use. I also understand that
assigned hearing dates are tentative and may have to be postponed by Planning
Department staff of the Planning and Zoning Commission for administrative reasons. I
understand that a site visit may be required to process this application City of Kenai
personnel are authorized to access the above - referenced property for the purpose of
processing this application.
/ } Signature:
Revised 8/30/2013 Page 10 of 32 Page 1 of 3
The Planning and Zoning Commission may only approve the conditional use if the
Commission finds that the following six (6) standards are satisfied. Each standard
must have a response in as much detail as it takes to explain how your project satisfies
the standard. The burden of proof rests with you. Feel free to use additional paper if
needed.
The use is consistent with the purpose of this chapter and the purposes and intent of the zoning
district:
[faciPer KMC 14.20.105, the Townsite Historic (TSH) Zoning District should provide for a
lity ixed use area and encourage the development of restaurants, gift shops, parks etc.
KMC 14.20.105 (c)). The owner is seeking a conditional use permit, because the new
will have a commercial kitchen and serve meals in a restaurant -type setting.
The value of the adjoining property and neighborhood will not be significantly impaired:
The new facility will enhance the neighborhood and the adjourning property values,
because it will replace an abandoned building that has been declared by a licensed
engineer to be structurally unsafe for occupancy.
The proposed use is in harmony with the Comprehensive Plan:
The Comprehensive Plan promotes mixed uses and redevelopment /infill in the historic
district. The demolition and construction project proposed by the owner is consistent
with the City's redevelopment goals and will enhance the attractiveness of the TSH
district.
Public services and facilities are adequate to serve the proposed use:
The project will use the public infrastructure currently in place.
The proposed use will not be harmful to the public safety, health or welfare:
The new facility is intended to serve a public benefit of supporting the health and
of the elderly native population of the City of Kenai.
Revised 8/30/2013 Page 71 of 32 Page 2 of 3
Any and all specific conditions deemed necessary by the Commission to fulfill the
abovementioned conditions should be met by the applicant. These may include, but are not
limited to measures relative to access, screening, site development, building design, operation
of the use and other similar aspects related to the proposed use.
The property owner intends to fulfill the City's conditions applicable to the
construction project.
PROCEDURES FOR PERMITS REQUIRING PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC
14.20.280. The Planning and Zoning Commission meets the 2 1d and 41" Wednesday of each
month. To meet notice requirements, the Planning Department must receive your completed
application 21 days prior to the meeting when the Public Hearing is scheduled.
• Applications requiring Public Hearings must be filed no later than noon on the date of the
deadline.
Home Occupations and Landscape /Site Plans do not require a Public Hearing.
Allow up to 4 weeks for the permitting process.
If required:
o The Fire Inspection Report must be received rior to processing the application. o
The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to
schedule a public hearing.
o Resolutions cannot be issued until expiration of the 15 -day appeal period. o
Resolutions cannot be issued until documentation is received that the certificate of
compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283 -8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC
HEARING FEE OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN
TO POST AND AN AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING
DEPARTMENT TO BEGIN PROCESSING THE APPLICATION.
Revised 8/30/2013 Page 12 of 32 Page 3 of 3
APPLICATION FOR AN
VARIANCE PERMIT
KMC 14.20.180
REc, ., vCD
CITY C 'NAt
WAR I 'l
PLANNING, DE ?H.ZTNF�
OWNER
PETITIONER REPRESENTATIVE (IF ANY)
Name: Kenaitze Indian Tribe
Name: Stan Mishm
Mailing Address: PO Box 988
Mailing Address: PO Box 370
City, State, Zip: Kenai, AK 99611
City, State, Zip: Kenai, AK 99611
Phone Number: 907 -336 -7200
Phone Number: (907) 953 -9580
Fax Number:
Fax Number:
Email:
Email: stan@kahtnu.com
I Current Legal Description: T 5N R 11W Sec 5 Kenaitze Addn Sub Lot 16A Btgcl 5
Variance Requested For: (Describe the project, and use additional sheets if necessary)
The property owner plans to construct a 6,500 square feet facility in place of the current principal
structure, which was found to be structurally unsafe and will be demolished. The new building will
function as Elders Center and have a commercial kitchen to serve meals to tribal elders. The City
of Kenai Zoning Code for the Townsite Historic (TSH) District limits the size of commercial
buildings to no more than 5,000 square feet per story, except that larger buildings may be allowed if
they are compatible with the zone. Therefore, the owner is applying for a variance permit.
Zoning: Townsite Historic
Acreage: 0.68
DOCUMENTATION
Required Attachments: Completed Application Form
Site Plan /Floor Plan with Square Footage
Plans must show location /elevation of all existing and proposed buildinas or alterations
$125 Fee (plus applicable sales tax) _
AUTHORITY TO APPLY FOR A VARIANCE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described
above and that I petition for a variance permit in conformance with Title 14 of the Kenai
Municipal Code. 1 understand that payment of the application fee is nonrefundable and is to
cover the costs associated with processing this application, and that it does not assure
approval of the variance. I also understand that assigned hearing dates are tentative and may
have to be postponed by Planning Department staff of the Planning and Zoning Commission
for administrative reasons. I understand that a site visit may be ramdrad fn nrne .h;�
Date: Signature:
7/23/2013 Page 1 of 4
Page 13 of 32
uwuu uuumes reguiatfons for a variance permit. A
variance permit is the relaxation of the development requirements of this chapter to provide
relief when the literal enforcement would deprive a property owner of the reasonable use of his
real property.
YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUTLINED IN KMC
14.20.180 BELOW.
The Planning and Zoning Commission shall establish a finding that all the conditions (c)(1) 1
through (c)(5) of this section have been found to exist as a prerequisite to issuance of a
variance permit. The burden of proof rests with you. Feel free to use additional paper if
needed.
1. Special conditions or circumstances are present which are peculiar to the land or structures
involved which are not applicable to other land or structures in the same land use or zoning district;
The Kenaitze Indian Tribe has used the property for many years as its Elders Center. The
principal structure is a one story building of 4,945 square feet, excluding the basement. The
footprint of the new building will be increased by 1,555 square feet to accommodate the growth in
the elderly population served by the Tribe. Most other structures in the TSH district would not
have to contend with the same considerations.
�. i ne speciai conanions or circumstances have not been caused by actions of the applicant and such
conditions and circumstances do not merely constitute pecuniary hardship or inconvenience;
The Kenaitze Indian Tribe hired a professional architecture firm to study the layout of the site and
consider a two -story structure to minimize its footprint at the ground level. It was determined that
a two -story structure would obstruct views for the nearby buildings and would make it more
difficult to use by the elders.
The granting of the variance shall not authorize a use that is not a permitted principal use
zoning district in which the propertv is located
The property owner has separately applied for a conditional use permit, which is required for
restaurant -type establishments in the TSH district.
7/23/2013
Page 14 of 32 Page 2 of 4
4. The granting of a variance shall be the minimum variance that will provide for the reasonable use
of the land and /or structure
If the size of the facility is reduced below 6,500 square feet, the owner will not be able to carry out
the full scope of services required of the Elders Center in the near future.
The granting of a variance shall not be based upon
the same land use or zoning district;
uses or structures
The property owners is not seeking the square footage variance based on the nonconforming
uses of other structures in the district. The size and layout of the proposed facility is based on
the accessibility and meal service requirements of the Elders Center.
7/23/2013
Page 15 of 32 Page 3 of 4
"V 1�a9e with a Past, Ci' Y with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 1II 1
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www.ci.kenai.ak.us M2
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
1, S4,0V
Public Hearing as prescribed by Kenai Mu
�1 1
-�
, hereby certify that 1 have posted a Notice of
nicipal Code 14.20.280 (d) on the property that
2✓p
(Name of Applicant) has petitioned for a
The notice was posted on ... 116�L
10 which is /z
days prior to the public hearing on this petition. 1 acknowledge this Notice must be posted so as to be
visible from each improved street adjacent to the property and must be maintained and displayed
until all public hearings have been completed. 1 acknowledge that the Notice must be removed
within five (5) days after the hearing.
Affirmed and signed this /0 146 day of I 2o6
X-
Signature
Legal Description: , /
Tract or Lot: L-r�
Block: 16 6- S
Subdivision: T0-2x /1
KPB Parcel No.: /7 (-/ 7(j-//.3 / S
Page 16 of 32
CITY OF KEN41
Rese?084 4 1015
APPLICATION FOR REVIEW OF DEVELOPMENT p�NN1NG DE PAR
TMENT
TOWNSITE HISTORICAL (TSH) ZONING DISTRICT - _t
Date: 3& /,'f
1. Applicant 11&1,41 T Z? $�- 1A1,9,A.1-f
2. Address: 4 / A2few -71 44 52Q6 It
3. Describe proposed activity. Co!2 G3 &W /;irk -e
EC./%e� G,rr iC�
4. Will a building permit be required for the proposed activity? YL
5. Legal description of property: r SW X4 // 1✓ J eye r�
S. Signature of legal owner of property: ',55� we----,
7. Signature of applicant:
8. The Planning and Zoning Commission will review the application for development in the TSH
zoning district upon the applicants demonstration that all of the following criteria are
satisfied.
1. Reproducible copy of the application signed by the applicant and, if leasing the premises, co-
signed by the owner indicating type or nature of business.
2. Current color photographs of the site and of any existing structures representing both the overall
condition of structures and accurately portraying materials and color.
3. Reproducible schematic plans of the proposed construction sufficient to show building size and
layout, exterior elevations, proposed materials and colors.
4. A landscaping and site plan complying with KMC 14.25 and the development criteria of this
chapter drawn to scale showing the existing structure and all proposed alterations and additions
in relation to the site.
8/05/2013
Page 18 of 32
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IlVilla9e with a Past, C# with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 tllllt
1997
MEMORANDUM:
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: April 22, 2015
SUBJECT: Item Number 6b PZ15 -09 — Amend Kenai Municipal Code Chapter 12.25
Abandoned Vehicles
The purpose of this communication is to advise the Planning and Zoning Commission of
a Substitute Ordinance for Item Number 6b PZ15 -09. Please see the attached revised
Ordinance.
Thank you for your consideration.
Page 23 of 32
Attachment A
CITY OF KENAI
ORDINANCE NO. * -2015
Sponsored by: City Manager
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KENAI MUNICIPAL CODE CHAPTER 12.25 - ABANDONED VEHICLES, TO DEFINE
ABANDONED VEHICLES, AMEND THE DEFINITION OF JUNK VEHICLES AND MAKE
OTHER CHANGES REGARDING VEHICLE STORAGE, REPAIR AND ENFORCEMENT.
WHEREAS, the Planning & Zoning Commission requests the City Manager sponsor the
proposed Ordinance; and,
WHEREAS, the City currently prohibits abandoning vehicles on public property and
keeping "Junk Vehicles" for longer than 72 hours except under certain circumstances;
and,
WHEREAS, the Kenai Municipal Code does not define "Abandoned Vehicle" which
should be defined for due process and consistency in enforcement; and,
WHEREAS, the Kenai Municipal Code definition for "Junk Vehicle" should be amended
to more clearly define Junk Vehicle; and
WHEREAS, the Kenai Municipal Code should be amended to provide for a more
reasonable 30 -day time period rather than a 72 -hour time period for the removal of a
Junk from any property within the City that is not in an enclosed building or
completely screened from public view or on the premises of a business enterprise
being operated in a lawful place and manner or in an appropriate storage place or
depository maintained lawfully by the City; and
WHEREAS, the City may improve the health and safety of the community by limiting
the number of junk vehicles stored on each parcel and requiring that all Junk Vehicles
be stored in a manner that is not visible from the public view; and
WHEREAS, reasonably restricting the repair of Junk Vehicles to locations outside of
public right -of -ways and front yards as well as limiting the number of vehicles that
may be worked on at one time will help eliminate attractive nuisances and the impact
on neighborhoods of home repairs; and
WHEREAS, eliminating the code provision that prohibits the removal of junk vehicles
from private property will expand the City's available enforcement remedies; and,
WHEREAS, other minor amendments are needed for housekeeping, administrative and
enforcement purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, that
New Text Underlined; [DELETED TEXT BRACKETED]
�� Page 24 of 32
Section 1. Form: That this is a code ordinance.
Section 2. Amendment of Chapter 12.25 of the Kenai Municipal Code: That Kenai
Municipal Code, Chapter 12.25 - Abandoned Vehicles, is hereby
amended as follows:
Chapter 12.25 ABANDONED AND JUNK VEHICLES
12.25.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this
chapter:
La
"Abandoned Vehicle" means a vehicle left unattended on a public street,
highway or other public property for a period in excess of seventy -two (72)
hours unless otherwise specifically permitted by City ordinance or regulation.
fib) "Junk Vehicle" means a vehicle that exhibits at least two (2) of the following
elements:
W Is not currently registered,
ll Is inoperable because it is missing a major component such as the
engine, transmission axle differential, transfer case front driver seat, or
steering wheel,
ll
ll Missing windshield or windows.
ll Missing two (2) or more wheels or tires or has two (2) or more flat tires.
f�l Missing a major body part such as a fender, quarter panel, bumper,
trunk lid, door or hood.
(c)[A] "Person" [SHALL] means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(d)[B] "Vehicle" [SHALL] means a machine propelled by power other than human
power designed to travel along the ground by use of wheels, treads, runners, or
slides, and transport persons or property or pull machinery and shall include,
without limitation, automobile, truck, trailer, motorcycle, tractor, buggy, and
wagon.
!1[C] "Street or highway" [SHALL] means the entire width between the boundary lines
of every way publicly maintained when any part thereof is open to the use of the
public for the purposes of vehicular travel.
New Text Underlined; [DELETED TEXT BRACKETED]
�; Page 25 of 32
of [D] "Property" [SHALL] means any real property within the City which is not a street
or highway.
12.25.020 Abandonment of [v ]Vehicles.
No person shall [ABANDON ANY] leave an abandoned vehicle within the City_ [AND NO
PERSON SHALL LEAVE ANY VEHICLE AT ANY PLACE WITHIN THE CITY FOR SUCH
TIME AND UNDER SUCH CIRCUMSTANCES AS TO CAUSE SUCH VEHICLE
REASONABLY TO APPEAR TO HAVE BEEN ABANDONED.]
12.25.030 Leaving of [j]Junk or [i]Illegally [p]parked [v]Vehicles.
(a) No person shall leave any [j]Junk [v]Vehicle on any street, highway, or public
property within the City.
(b) No person shall leave any vehicle remaining on public property designated for
parking in violation of regulations, ordinances, and /or posted times, periods, or
conditions. Any such vehicle shall be subject to emergency impounding
procedures pursuant to KMC 12.25.040(c).
(c) No person in charge or control of any property within the City, whether as
owner, tenant, occupant, lessee, or otherwise, shall allow any U[Junk [v]Vehicle
to remain on such property longer than thirty (30) days[SEVENTY -TWO (72)
HOURS]; and no person shall leave any such vehicle on any property within the
City for a longer time than thirty (30) days[SEVENTY -TWO (72) HOURS]; except
that this ordinance shall not apply with regard to a vehicle in an enclosed
building or completely screened from public view and adjacent properties in
compliance with Kenai Municipal Code 12.25.040; a vehicle on the premises of
a business enterprise operated in a lawful place and manner, when necessary
to the operation of such business enterprise; or a vehicle in an appropriate
storage place or depository maintained in a lawful place and manner by the
City.
[(D) NOTWITHSTANDING KMC 12.25.030(C), NO VEHICLE MAY BE REMOVED
FROM PRIVATE PROPERTY WITHOUT THE CONSENT OF THE PROPERTY
OWNER OR OCCUPANT.]
(d)[E] Notwithstanding the provisions of subsection (c) of this section, if the City
Manager has reasonable grounds to believe that repairs can be made to render
a junk vehicle operable, that the registered owner or other person entitled to
possession of the vehicle is willing to undertake or have performed such repairs,
that the vehicle does not pose any health or safety hazard, and that there is no
reasonable means for removing the vehicle from public view while repairs are
being performed, the City Manager may authorize a period of no more than
thirty (30) additional days for the performance of such repairs. In no case,
however, may this section be construed as authorizing the operation of a
junkyard or other salvage or repair business where other requirements of the
law have not been met.
[(F) "JUNK VEHICLE" MEANS A MOTOR VEHICLE THAT IS:
New Text Underlined; [DELETED TEXT BRACKETED]
'�� Page 26 of 32
(1) IN A CONDITION WHICH EXHIBITS TWO (2) OF THE FOLLOWING
ELEMENTS:
(I) A SUBSTANTIAL AMOUNT OF BROKEN OR MISSING GLASS,
(II) MISSING TWO (2) OR MORE WHEELS OR TIRES,
(III) MISSING A BODY PANEL OR BODY PART, SUCH AS QUARTER
PANELS, BUMPER, TRUNK LID OR HOOD,
(IV) MISSING AN ESSENTIAL COMPONENT SUCH AS THE ENGINE,
TRANSMISSION, CARBURETOR, DISTRIBUTOR, BRAKE OR
WHEEL CYLINDER, BRAKE SHOE, GENERATOR, OR
ALTERNATOR, STARTER, FRONT PASSENGER SEAT, OR DRIVE
SHAFT; OR
(2) STRIPPED, WRECKED OR OTHERWISE INOPERABLE DUE TO
MECHANICAL FAILURE; OR
(3) REPAIRED BECAUSE
OR BECAUSE THE COST OFREP IRS REQUIRED MECHANICAL
O MAKE IT
DIFFICULTIES
OPERABLE EXCEEDS THE FAIR MARKET VALUE OF THE VEHICLE.]
12 25 040 Storage of Junk Vehicles.
(1) Two thousand feet of yard area is required per vehicle up to a maximum of
four vehicles per parcel stored outside.
(2) The storage area must be shielded from public view by a sight obscuring fence
with a minimum height of six feet.
(3) Any stored Junk Vehicle must be covered with a cover designed for covering
vehicles.
(4) Junk Vehicles may only be stored on a property that has an existing principal
permitted use.
12 25 050 Repair of Junk Vehicles.
Junk vehicles shall be repaired subject to the following restrictions:
fU Junk Vehicle repair shall take place within an enclosed structure or in a side
or back yard.
New Text Underlined; [DELETED TEXT BRACKETED]
Page 27 of 32
(2) Work may not be conducted on more than one vehicle at a time unless within
an enclosed structure.
L1
(4) Junk Vehicle repair is not allowed within the public right- of -way.
12.25.0[4]60 Impounding of Vehicles and Junk and Abandoned Vehicles.
(a) The [CHIEF OF POLICE] City Manager or [ANY MEMBER OF HIS OR HER
DEPARTMENT DESIGNATED BY HIM OR HER] designee is hereby authorized
to remove or have removed any vehicle left at any place within the City which
reasonably appears to be in violation of any regulation or ordinance or lost,
stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed
or disposed of in accordance with this chapter.
(b) Where an abandoned, junk. wrecked, non - operating, illegally parked or
discarded vehicle presents no obstruction or hazard and is properly registered
and licensed, so that the owner or other interested persons can be notified, the
[CHIEF OF POLICE] City Manager, or designee shall give notice by personal
service or certified mail with return receipt requested to the owner and /or
interested person stating:
(1) A description of the vehicle;
(2) The violation or reason for police action;
(3) The proposed action to be taken;
(4) The right of the person notified to a hearing with, and an opportunity to
be heard by the [CHIEF OF POLICE] City Manager or designee in order
that the proposed action or amount due may be contested;
(5) That said vehicle will be towed, impounded, and /or disposed of if
unclaimed for a period of thirty (30) days after notice is sent.
(c) Where an abandoned, jRnk, wrecked, non - operating, illegally parked, or
discarded vehicle presents an obstruction or hazard, or an emergency exists,
and said vehicle is impounded or towed, notice of the type, and to the extent,
set forth in KMC 12.25.0[4]60 shall be given as soon as practical after towing or
impound.
(d) Where the owner or other interested person cannot be readily ascertained,
notice by publication shall be given subsequent to towing or impound and prior
to sale or other disposal.
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(e) The [CHIEF OF POLICE] City Manager or designee shall keep a record of all
vehicles impounded, containing date of impounding, description of vehicle and
conte[S]nts therein, cause for which impounded, and other information deemed
pertinent.
12.25.0[5]70 Redemption of [i]Impounded [v]Vehicles.
(a) After a vehicle has been impounded as provided by regulation or ordinance and
the owner or authorized representative of the owner of the vehicle claims the
same, he or she shall be informed of the nature and circumstances causing the
impoundment of such vehicle. He or she shall [AND TO] obtain a release
thereof and shall pay all towing and storage fees unless pursuant to KMC
12.25.0[4]60 it is administratively determined that the action taken was
unwarranted, in which case the vehicle shall be released immediately to the
owner without collection of fees or other charges.
(b) If the operator or owner of the vehicle, upon hearing before a magistrate and or
judge in a court of law, is found not guilty of the violation of which he or she is
charged, the impounded vehicle shall be released immediately to the owner
without collection of fees or other charges. If the owner or operator of such
vehicle is found guilty by the magistrate and or judge in a court of law, any fine
imposed under the provisions of the appropriate section of this title shall be in
addition to the towing and storage charges herein prescribed.
(c) A vehicle is declared to be impounded when an authorized person, pursuant to
and under authority of this title, requests dispatch of a tow truck to effect the
impoundment. A person whose vehicle has been impounded may obtain the
release of the impounded vehicle, if towing has not commenced, by paying the
tow contractor the tariffed or contract rate as provided for canceled trips,
provided that such impoundment is one where the owner is entitled to release
of the vehicle. This section has no effect on a citation, ticket, or complaint that
may be issued in connection with the impoundment.
12.25.0[6]80 Disposition — Destruction.
(a) If the [CHIEF OF POLICE] City Manager or designee determines that an
abandoned vehicle impounded pursuant to this chapter has been scrapped,
dismantled, or destroyed beyond repair as provided in AS 28.10.221(a)(2), and
AS 28.10.051(a)(3), or if he or she determines that because of the age and
condition of the vehicle it is no longer of significant value, he or she may
dispose of it by crushing or other means of destruction upon the expiration of
the thirty (30) day period required by KMC 12.25.0[4]60.
(b) The City may also dispose of Junk Vehicles at the written request of the
registered owner of the vehicle or person in lawful possession or control of the
vehicle. This written request shall be on a form prescribed by the City.
12.25.0[7]90 Sale of [i]Impounded [v]Vehicles.
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When a vehicle has been impounded for violations of this title, the [CHIEF OF POLICE]
City Manager or designee or designated agent shall send a notice by certified mail to
both the legal and registered owner of the vehicle, if different persons, when the name
of the owner or owners can be ascertained by checking the records of the Alaska
Department of Public Safety.
The notice shall accurately describe the vehicle and any property therein, give the date
the vehicle was impounded and state that unless the vehicle is reclaimed within thirty
(30) days from the date of the notice, it will be disposed of pursuant to State law.
12.25.[08]100 Waiver of [c]Claims for [d]Damages.
An owner of an abandoned, discarded or illegally parked vehicle, waives any claims he
or she may have for damage to his or her vehicle which may result from actions taken
pursuant to this chapter. Such damage includes, but is not limited to, accidental
damage or destruction occasioned by removal, transport, storage, and acts of third
parties.
12.25.[09]110 Penalty.
A person who violates KMC 12.25.020 or 12.25.030 is punishable by a fine as
provided for violations in KMC 13.05.010.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part, provision, or application directly involved in all
controversy in which this judgment shall have been rendered, and shall
not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council
hereby declares that it would have enacted the remainder of this
ordinance even without such part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this * day of *, 2015.
ATTEST:
Sandra Modigh, City Clerk
PAT PORTER, MAYOR
Introduced: *, 2015
Adopted: *, 2015
Effective: *, 2015
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'Village with a Past, C# with a Future'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014
www. kena i. city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -09
AMENDMENT TO KENAI MUNICIPAL CODE CHAPTER 12.25
ABANDONED VEHICLES
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA AMENDING KENAI MUNICIPAL CODE CHAPTER 12.25 — ABANDONED
VEHICLES, TO DEFINE ABANDONED VEHICLES, AMEND THE DEFINITION OF
JUNK VEHICLES AND MAKE OTHER CHANGES REGARDING VEHICLE STORAGE,
REPAIR AND ENFORCEMENT.
WHEREAS, the Planning & Zoning Commission has requested that the City Manager
sponsor the proposed Ordinance; and,
WHEREAS, the City of Kenai has adopted ordinances prohibiting owners of private
property from leaving Abandoned Vehicles on the property that are considered "Junk
Vehicles" for longer than 72 hours except under certain circumstances; and,
WHEREAS, the Kenai Municipal Code definitions do not include definitions for
"Abandoned Vehicle" and definitions should be included to identify vehicles which may
be considered an Abandoned or Junk Vehicle; and,
WHEREAS, the Kenai Municipal Code definition for "Junk Vehicle' should be amended
to better define Junk Vehicle; and
WHEREAS, the Kenai Municipal Code should be amended to provide for a more
reasonable 30 -day time period rather than a 72 -hour time period for the removal of a
Junk or Abandoned Vehicle to be removed from any property within the City that is not
in an enclosed building or completely screened from public view or on the premises of a
business enterprise being operated in a lawful place and manner or in an appropriate
storage place or depository maintained lawfully by the City; and
WHEREAS, the Kenai Municipal Code should provide for provisions to address the
storage of Junk Vehicles and make provisions to require that all Junk Vehicles shall be
stored in a manner that is not visible from the public view; and
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WHEREAS, the Kenai Municipal Code should provide for provisions to address where
the Repair of Junk Vehicles may take place and that repairs shall not take place within
the Public Right -of -Way and only on private property; and
WHEREAS, other amendments should be made for housekeeping, administrative and
enforcement purposes.
NOW, THEREFORE BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF
KENAI, ALASKA, THAT THEY CITY OF KENAI MUNICIPAL CODE OF ORDINANCES,
CHAPTER 12.25 — ABANDONED VEHICLES, BE AMENDED TO DEFINE
ABANDONED VEHICLES, AMEND THE DEFINITION OF JUNK VEHICLES AND
MAKE OTHER CHANGES REGARDING VEHICLE STORAGE, REPAIR AND
ENFORCEMENT AS SHOWN IN ATTACHMENT "A ".
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 22T" DAY OF APRIL, 2015.
CHAIRPERSON:
TTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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