HomeMy WebLinkAbout2015-06-10 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
June 10, 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. *May 27, 2015 .................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ15-16 – Preliminary Original Plat Thompson Subdivision Smith Replat
submitted by Integrity Surveys, 820 Set Net Dr., Kenai, AK 99611 .................... 9
6. PUBLIC HEARINGS:
a. PZ15-15 – An Application for a Conditional Use Permit for an unoccupied
accessory structure without a main building on a residential parcel for the
property known as Lot 7, Block H, Beaver Creek Alaska Subdivision, the
application was submitted by Thomas Fruichantie, Kenai, AK 99611…………..15
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Discussion and Recommendation pertaining to Application for Lease Extension
between the City of Kenai, Lessor, and Wild Pacific Salmon, Inc., Lessee, for Lot
2, Kenai Spit Subdivision, for the term of 25 years ........................................ 29
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
10. REPORTS:
a. City Council ....................................................................................................... 35
b. Borough Planning ............................................................................................. 41
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 24, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
MAY 27, 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: G. Pettey, K. Peterson, J. Twait, J. Glendening, D. Fikes
R.Springer
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Deputy City Clerk J.
Heinz, Planning Assistant W. Anderson, City Attorney S. Bloom
A quorum was present.
c. *Excused Absences – None.
d.Agenda Approval
Chairman Twait noted the following items were provided by Administration as a laydown for
inclusion as supporting documentation in the packet:
Add to Item 2.a Approval of Minutes
•April 22, 2015 minutes
Add to Item 2.a Approval of Minutes
•May 13, 2015 minutes
Add to Item 10.a City Council Action Agenda
•May 20, 2015
MOTION:
Commissioner Peterson MOVED to approve the agenda including the items noted as a lay
down by Chairman Twait; Commissioner Glendening SECONDED the motion. There were no
objections; SO ORDERED.
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e.Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner Springer
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 – April 22, 2015 & May 13, 2015
Approved by the consent agenda.
3.SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4.PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5.CONSIDERATION OF PLATS: None.
6.PUBLIC HEARINGS:
a.PZ15-10 – Application granting a request for a conditional use permit for construction
and operation of a gravel pit for the extraction of natural resources for the property
described as the NW1/4 SE1/4. Section 4, Township 5 North, Range 11 West,
excluding Jaynes Subdivision. The application was submitted by Greg Duggan, P.O.
Box 42, Kenai, Alaska 99611 and Tom Reese, 49820 Leisure Lake Dr., Soldotna, AK
99669.
City Planner Kelley reviewed his staff report recommending approval of the conditional use and
variance permits.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-10 and Commissioner
Glendening SECONDED the motion.
Chairman Twait opened the public hearing.
Shawn Brown at 404 Rogers Road, Kenai, spoke in support of the development, noted that the
most noticeable noise was road noise and also noted no significant difference in the noise on
his Beaver Loop property which is approximately 1,000 feet from the development.
Greg Daniels at 426 Rogers Road, Kenai, expressed concern with noise abatement and starting
time. He also expressed concern with children playing around any potential lake that develops.
Kelly Kelso at 408 Rogers Road, Kenai, also expressed concerns with noise, suggested
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containment for the screener, limiting the hours more, and revisiting the permit soon after
issuance. She further expressed concern with congestion at entrance of Bridge Access.
Michael Christian at 410 Rogers Road, Kenai testified that he would like to keep as many trees
as possible; was satisfied with the conditions, but was concerned about potential future
undesirable impacts.
Christine Kissee at 402 Rogers Road, Kenai, expressed concerns with noise, pointing out that
currently the only noticeable noise at this point was road noise and on occasion can briefly hear
operation of the Carlisle scales. Kissee voiced concern with the constant nature of the
operations of a gravel pit.
Barb Christian at 410 Rogers Road, Kenai, thanked the commission for traveling to the
neighborhood, expressed that the operation will work well as conditioned, and hopes the
equipment would be parked out of site during the inoperable hours.
Karen Monell at 323 Portlock Street, Kenai, testified in favor of pro-quality of life; that noise
funnels to her property and until the sound can be mitigated, would not be satisfied with the
development; noted that she doesn’t notice Hilcorp, the fish plant, or the dipnetters.
Pat Falkmer at 399 McCollum, Kenai, testified on behalf of Don Lasov who owns the welding
shop adjacent to the proposed gravel pit noting concerns with noise, dust, wildlife in the area,
flooding and the water table.
Gina DeBardelaben, engineer with McLane Consulting, hired by Brown as a consultant
addressed concerns including noise, dust control, tree clearing for safety, fencing, and flooding.
Additionally pointed out that the operator’s Nikiski pit operated 24 days in the last year and that
the hours of operation were put forth by the applicant.
Mike Brown at 601 Highbush Lane, Kenai, owner of the proposed gravel pit also addressed
concerns by pointing out that screening operations would be for top soil only and that calcium
chloride had been applied for dust control. Also pointed out was that there had been no noise
complaints about the work that has taken place thus far which was much noisier than operating
the gravel pit; explained that operations were set up in a continuous loop so the trucks won’t
have to back up much and answered questions about tree removal for line of sight and fencing
for security; was amenable to operating 8:00 a.m. to 8:00 p.m. for product movement as long as
work could be done on equipment during the other times.
There being no one else wishing to speak, the public hearing was closed.
MOTION TO AMEND:
Commissioner Glendening MOVED to amend condition of operations # 6 from 6:00 a.m. – 8:00
p.m. to 8:00 a.m. – 8:00 p.m. for movement of materials and Commissioner Pettey SECONDED
the motion.
VOTE ON THE AMENDMENT:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
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MOTION PASSED UNANIMOUSLY.
MOTION TO AMEND:
Commissioner Springer MOVED to amend condition of operations #2 to delete the following,
“Fence shall also include the installation of view obscuring material that is weatherproof and
sturdy. Color of view obscuring slats shall be earth tone.” to read as follows: Prior to
commencement of construction and extraction of Natural Resources, Applicant shall be required
to construct a non-climbable 6 foot high fence as shown on the approved site plan along Childs
Avenue. and Commissioner Peterson SECONDED the motion.
VOTE ON THE AMENDMENT:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY
MOTION PASSED UNANIMOUSLY.
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
b. PZ15-11 – Application for Variance Permit for setback requirements for the property
located at 503 Childs Avenue, the NW ¼ SE ¼, Section 4, Township 5 North, Range
11 West, excluding Jaynes Subdivision. The application was submitted by Greg
Duggan, P.O. Box 42, Kenai, Alaska 99611 and Tom Reese, 49820 Leisure Lake
Dr.,Soldotna, AK 99669
MOTION ON THE FLOOR:
Commissioner Fikes MOVED to approve Resolution No. PZ15-11 including staff
recommendations and Commissioner Glendening SECONDED the motion.
Chairman Twait opened the public hearing.
Gina DeBardelaben, engineer with McLane Consulting, hired by Brown as a consultant pointed
out that the applicant originally proposed a 15 foot buffer but at staff recommendation agreed to
increase the buffer to 50 feet.
There being no one else wishing to speak, the public hearing was closed.
Kelley clarified that setback on Childs Road is currently 80 feet, but assuming plat is recorded
the setback changes to 50 feet, and that the resolution is written assuming that the plat would
be recorded.
MOTION TO AMEND :
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Commissioner Fikes MOVED to amend PZ15-11 by substitution and Commissioner Peterson
SECONDED the motion.
MOTION TO AMEND THE SUBSTITUTE:
Commissioner Fikes MOVED to amend, in the substitute resolution, condition of operations #2
to delete the following, “Fence shall also include the installation of view obscuring material that
is weatherproof and sturdy. Color of view obscuring slats shall be earth tone.” to read as follows:
Prior to commencement of construction and extraction of Natural Resources, Applicant shall be
required to construct a non-climbable 6 foot high fence as shown on the approved site plan
along Childs Avenue. and condition of operation # 6 from 6:00 a.m. – 8:00 p.m. to 8:00 a.m. –
8:00 p.m. for movement of materials and Commissioner Peterson SECONDED the motion.
VOTE ON AMENDING THE SUBSTITUTE:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON THE AMENDED SUBSTITUTE:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY
VOTE ON THE MAIN MOTION AS AMENDED:
YEA: Pettey, Peterson, Fikes, Twait, Glendening, Springer
NAY:
MOTION PASSED UNANIMOUSLY.
c. PZ15-14 - A Resolution of the Planning and Zoning Commission of the City
of Kenai, Alaska, recommending the City Council amend Kenai Municipal
Code section 1.90.030 - Qualifications, to allow up to two of the seven
members of the Planning and Zoning commission to be non-residents if they
either own property or a business located within the city and make other
housekeeping changes
City Planner Kelley reviewed his staff report explaining the ordinance.
Bloom explained the resolution was drafted due to the Mayor having trouble recruiting; Soldotna
and Homer have similar legislation. Bloom further explained that the qualifications for a
Commissioner are that they not be a city employee, but city resident.
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ15-14 and Commissioner
Peterson SECONDED the motion.
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Chairman Twait opened the public hearing.
Kelly Kelso at 408 Rogers Road, Kenai, testified that she had applied for a seat on the Planning
and Zoning Commission and was not nominated and also felt the Planning and Zoning
Commission was the most important Commission. Kelso further expressed opposition to
allowing non-residents on the Commission.
Michael Christian at 410 Rogers Road, Kenai testified that he’d been on the Planning and
Zoning Commission and found it difficult but rewarding; didn’t see advantage of outside
representatives and was afraid doing so would leave the City up to abuse.
Kristine Schmidt at 515 Ash Avenue, Kenai testified that the lack of qualified candidates was
false and suggested that candidates are not nominated for political reasons; she speculated that
applications were kept on file for one year creating an ongoing pool that could be drawn from.
Mayor Porter asked for support and explained the issue was not political because she
nominates and Council votes on the appointment. Porter advised that interviews of applicants
are conducted to determine they have a vision to grow the community or move it forward. She
suggested that owners of businesses make their living here and this would provide another tool
to keep the Commission full; suggested amending it until the Commission was satisfied.
There being no one else wishing to speak, the public hearing was closed.
MOTION:
Commissioner Glendening MOVED to recommend that Council postpone adoption of the
ordinance to June 17 to allow the Planning and Zoning Commission to further consider the
ordinance at their June 10 meeting and Commissioner Peterson SECONDED the motion.
VOTE:
YEA:
NAY: Fikes, Twait, Springer, Pettey, Glendening, Peterson
MOTION FAILED.
There was general discussion on what conditions for qualification could be put in place to allow
a non-resident to sit on the Commission.
VOTE:
YEA:
NAY: Fikes, Twait, Springer, Pettey, Glendening, Peterson
MOTION FAILED.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
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9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – None.
b. Borough Planning – Glendening reviewed action taken at the meeting on May 26, 2015.
c. Administration – W orking on a Conditional Use Permit for an accessory building and two
plats; the Geographic Information System (GIS), looking at bringing GIS to the public
through a portal on the website.
11. PERSONS PRESENT NOT SCHEDULED:
Kristine Schmidt thanked the Commission for its work and suggested Kelley contact the
Borough to interface the systems; specifically for zoning.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: June 10, 2015
14. COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey thanked the community for tonight’s discussion and explained that she
didn’t have any pre-knowledge of the development taking place; noted that burn permits and
some land use permits are approved administratively with no public notice.
Commissioner Peterson thanked Kelley for his work.
Commissioner Fikes expressed appreciation for staff recommendations.
15. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
9:59 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: June 10, 2015 Res: PZ15‐16
GENERAL INFORMATION
Applicant: Carmen R. Smith and Roy Smith
215 Nevada St.
Kenai, Alaska 99611
Submitted by: Integrity Surveys
820 Set Net Drive
Kenai, Alaska 99611
Requested Action: Preliminary Subdivision Plat – Thompson Park Smith Replat, (A
replat of Lots 6 and 7, Block 2, Thompson Park Addition No. 1,
according to Plat No. K‐1422)
Existing Legal
Description: Lot 6 and 7, Block 2, Thompson Park Addition No. 1, according to
Plat No. K‐1422
Proposed Legal
Description: Lot 6A, Block 2, Thompson Park Smith Replat
Street Address: 225 Nevada St. and 215 Nevada St.
KPB Parcel No.: 04913042 and 04913043
Existing Zoning: Rural Residential
Current Land Use: Single Family Dwelling and outbuildings
Land Use Plan: Rural Residential
ANALYSIS
This plat reconfigures two lots into one larger lot. The subdivision is located in the Rural
Residential zone. The parcels are accessed from Nevada Street which is a City
maintained paved road. City water and sewer services are available. An installation
agreement is not required.
A single family dwelling with an attached garage is located on Lot 7, Block 2, Thompson
Park Subdivision Addition No. 1 (parcel 04913043). There are unoccupied accessory
structures located on Lot 6, Block 2, Thompson Park Subdivision Addition No. 1 (parcel
04913042) which are described by the Kenai Peninsula Borough as a carport, pole frame
building and shed.
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PZ15‐15 Page 2
The City of Kenai considers these unoccupied accessory structures as non‐conforming
accessory structures because they are located on a parcel without a main building. Kenai
Municipal Code 14.20.200(b) and (c) provide as follows:
(b) Unoccupied accessory structures may be allowed as a conditional use on a residential
parcel that does not have a main building or use of the land only when the parcel on
which the unoccupied accessory structure proposed is adjacent to and shares a
common lot line with a parcel owned by the same owner and a main building or use
is constructed or used on the adjacent parcel. The conditional use for an unoccupied
accessory structure on an adjacent parcel shall expire upon transfer of either parcel
to a third party and all accessory buildings on adjacent parcels without a main
building or main use must be removed.
(c) Unoccupied accessory structures allowed as a conditional use on residential parcels
adjacent to a parcel owned by the same owner with a main structure or use of the
land shall be limited to structures without a permanent foundation and less than
four hundred (400) square feet.
Staff finds that the criteria set forth in KMC 14.20.200(b) would be met; however, the
criteria set forth in KMC 14.20.200(c) could not be met in that the unoccupied accessory
structures located on the parcel exceed 400 square feet.
The vacation of the property line between the lots and combining the two lots into one
larger lot will bring the properties into compliance with Kenai Municipal Code.
RECOMMENDATIONS
The Planning & Zoning Administration recommends approval of the preliminary
subdivision plat of Thompson Subdivision Smith Replat, subject to the following
condition:
a. Further development of the property shall conform to all Federal, State and local
regulations.
ATTACHMENTS:
1. Resolution No. PZ15‐16
2. Preliminary Plat
3. Drawing
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-16
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat THOMPSON PARK SMITH REPLAT was referred to the
City of Kenai Planning and Zoning Commission on June 10, 2015, and received from
Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential and therefore subject to said zone conditions.
2. Water and sewer are available.
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai
for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat
does not create nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THOMPSON PARK SMITH
REPLAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 10TH DAY OF JUNE, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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.100'Date: 6/4/2015The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 100 feetLots 6 & 7, Block 2, Thompson Park Smith Replat
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STAFF REPORT
To: Planning & Zoning Commission Res: PZ15-15
Date: June 10, 2015
GENERAL INFORMATION
Applicant: Thomas Fruichantie 907-394-4593
P.O. Box 2266
Kenai, AK 99611
Requested Action: Conditional Use Permit – Accessory structure without
a main building on residential parcel
Legal Description: Lot 7, Block H, Beaver Creek Alaska Subdivision
Street Address: 5056 Beaver Loop Rd.
KPB Parcel No: 04108022
Existing Zoning: Rural Residential
Current Land Use: Residential – Greenhouse and Shed
Land Use Plan: Rural Residential
ANALYSIS
General Information:
The applicant would like to place an unoccupied accessory structure on the lot
adjacent to his primary residence located at 5040 Beaver Loop Road. Both Kenai
Municipal Code (KMC) 14.20.200(b) and 14.20.200(c) provide that unoccupied
accessory structures may be allowed as a conditional use, as follows:
b) Unoccupied accessory structures may be allowed as a conditional use
on a residential parcel that does not have a main building or use of the
land only when the parcel on which the unoccupied accessory structure
proposed is adjacent to and shares a common lot line with a parcel
owned by the same owner and a main building or use is constructed or
used on the adjacent parcel. The conditional use for an unoccupied
accessory structure on an adjacent parcel shall expire upon transfer of
either parcel to a third party and all accessory buildings on adjacent
parcels without a main building or main use must be removed.
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PZ15-15 Staff Report
Page 2
(c) Unoccupied accessory structures allowed as a conditional use on
residential parcels adjacent to a parcel owned by the same owner with
a main structure or use of the land shall be limited to structures without
a permanent foundation and less than four hundred (400) square feet.
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 criteria are:
The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
o Staff finds the proposed development meets this standard.
The property is located within the Rural Residential Zone. The intent of the
Rural Residential Zone is intended to provide for low density residential
development in outlying and rural areas in a form which creates a stable and
attractive residential environment. The specific intent in establishing this
zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and
sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The applicant proposes to move an existing structure onto the property.
The applicant indicates that the structure will be used as a storage
building for the storage of personal items.
Applicant states that “there will be minimal impact and will above all
improve the look and would assume up value of the property.”
The provisions set forth in KMC 14.20.200(b) have been met because the
lot containing the main building and the lot for the storage building are in
the same ownership and the lots share a common lot line. The storage
building will be less than four hundred (400) square feet and it will not be
on a permanent foundation; therefore, it is in compliance with
KMC14.20.200(c).
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PZ15-15 Staff Report
Page 3
Further, the addition of the storage building to the applicant’s parcel does
not violate the residential character of the Rural Residential Zone.
The value of the adjoining property and neighborhood will not be
significantly impaired.
o Staff finds the proposed development meets this standard.
The property owner must obtain a building permit for the completion of
the storage building to assure that the storage building will be
constructed in compliance with current building codes.
Applicant states “as a storage building the property will look clean and
improve the overall look of the property.”
The proposed use is in harmony with the Comprehensive Plan.
o Staff finds the proposed development meets this standard.
The 2003 Comprehensive Plan states that the Rural Residential district
includes areas that, due to location or site conditions, are best suited
for large-lot-single-family residential development. Homes in this
district typically rely on individual on-site water supply and wastewater
disposal systems.
Applicant states that in “keeping in the overall look of the City a storage
building will have all our things in the yard contained and for lack of a
better word, out of sight.”
Staff made a site visit and agree that it would be prudent to store the
personal items that are now scattered about the property to be
contained in storage building.
Public services and facilities are adequate to serve the proposed use.
o Staff finds the proposed development meets this standard.
The subject property is serviced by an individual well and wastewater
system; however, the applicant will not be connecting the storage
building to the well, septic system or any utilities. Beaver Loop Road is
a paved State maintained street.
The proposed use will not be harmful to the public safety, health or
welfare.
o Staff finds the proposed development meets this standard.
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PZ15-15 Staff Report
Page 4
Applicant states that “the intended building is to be stripped down to
the frame and finished with approved siding and, therefore, will be new
and clean. There will be a sauna tube at each vertical support,
therefore, making the structure more solid. It has been discussed a
possibility of building anchor.”
Staff concurs that the proposed use will not be harmful to the public
safety, health or welfare.
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.
o The property owner must obtain a building permit for the completion of
the storage building to assure that the storage building will be
constructed in compliance with current building codes.
o If the ownership of either Lot 7, Block H, Beaver Creek Alaska
Subdivision or Lot 8, Block H, Beaver Creek Alaska Subdivision shall
be transferred to a third party, the storage building must be removed
from the lot pursuant to KMC14.20.200(b).
RECOMMENDATIONS
Based on the application and a review of the criteria required to approve the
permit, it appears the application meets the intent of the zone and complies with
the Comprehensive Plan. Recommend approval with the following requirements:
The property owner must obtain a building permit for the completion of the
storage building to assure that the storage building will be constructed in
compliance with current building codes.
If the ownership of either Lot 7, Block H, Beaver Creek Alaska Subdivision
or Lot 8, Block H, Beaver Creek Alaska Subdivision shall be transferred to
a third party, the storage building must be removed from the lot pursuant
to KMC14.20.200(b).
ATTACHMENTS:
1. Resolution No. PZ14-20
2. Application
3. Drawings
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-15
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO:
NAME: Thomas Fruichantie
USE: Unoccupied accessory structure without a main building on residential parcel
LOCATED: 5056 Beaver Loop Road - Lot 7, Block H. Beaver Creek Alaska Subdivision
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04108022
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been
submitted and received on: May 14, 2015
2. This request is on land zoned: RR – Rural Residential
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the following specific requirements and conditions in addition to
existing requirements:
a. Property owner must obtain a building permit prior to beginning completion of
the storage building.
b. If the ownership of either Lot 7, Block H, Beaver Creek Alaska Subdivision or
Lot 8, Block H, Beaver Creek Alaska Subdivision shall be transferred to a third
party, the storage building must be removed from the lot pursuant to
KMC14.20.200(b).
4. That the Commission conducted a duly advertised public hearing as required by
KMC 14.20.280 on June 10, 2015.
5. Applicant must comply with all Federal, State, and local regulations.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
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NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED UNOCCUPIED ACCESSORY
STRUCTURE WITHOUT MAIN BUILDING ON RESIDENTIAL PARCEL 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 THE 10TH DAY OF JUNE, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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8
6
1
9
11
10
2
5
7
4
5088
5088
4923
4961
5040
5024
4992
4923
4961
5040
5024
4992
3521
3521
5056
5056
5152
5152
5120
5120
.100'Date: 6/4/2015The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 100 feetLot 7, Block H, BEAVER CREEK ALASKA SUBD.
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