HomeMy WebLinkAbout2015-06-24 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
(AMENDED)
CITY COUNCIL CHAMBERS
June 24, 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. *June 10, 2015 .................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ15-17 – Application for a Variance Permit granting a 5 foot side yard variance
where 15 feet is required to allow a 10 foot side yard setback for the placement
of a 12 x 20 foot storage shed with an approximately eight foot attached lean-to
for the property located at 1215 Chinook Dr., Lot 13, Oberts Pillars Subdivision
Part Two. ........................................................................................................... 5
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Discussion with Administration and Consider scheduling a joint Work Session
with the Airport Commission regarding the rezoning of Airport Lands.
WORK SESSION 6:00 PM – 6:45 PM DISCUSSION OF
PROPOSED ORDINANCE No. 2829-2015 – AMENDING
KENAI MUNICIPAL CODE 1.90.030
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 ....................................................................................................... 18
b. Borough Planning ............................................................................................. 24
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 8, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
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STAFF REPORT
To: Planning & Zoning Commission
Date: June 24, 2015 Res: PZ15-17
GENERAL INFORMATION
Requested Action: Variance requesting a 5 foot side yard variance where
15 feet is required to allow a 10 foot side yard setback
for the placement of a 12 foot x 20 foot (240 square
feet) storage shed with an approximately 8 foot x 20
foot (160 square feet) attached lean-to.
Legal Description: Lot 13, Oberts Pillars Subdivision Part Two
Street Address: 1215 Chinook Drive
KPB Parcel No.: 04937128
Existing Zoning: Rural Residential
Current Land Use: Single Family Residence
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
The subject property is in the Rural Residential Zone; therefore, Kenai Municipal
Code (KMC) 4.24.020 Development Requirements Table provides for a fifteen
foot side yard setback. Kenai Municipal Code 14.20.200(a) requires that
accessory structures (storage shed) meet the same yard setback requirements
as the principal structure (residence), except as follows:
(1)Covered but unenclosed passenger landings, or storage sheds of not more
than one hundred twenty (120) square feet and not more than one (1) story
in height may extend into either side yard or rear yard, but such structure
shall not be closer than five feet (5′) to an adjoining lot;
(2)Covered but unenclosed passenger landings, or storage sheds of not more
than two hundred (200) square feet, with no side or end longer than sixteen
feet (16′), and not more than one (1) story in height may extend into the rear
yard, but such structure shall not be closer than five feet (5′) to the rear lot
line;
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(3)Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required side or rear
yard except within five feet (5′) of any lot line;
(4)A detached accessory building may be permitted to occupy a rear yard;
provided that, not more than one-third (1/3) of the total area of such rear
yard shall be so occupied. Except as provided in KMC 14.20.200(a)(1) and
KMC 14.20.200(a)(2), setbacks, per development tables, must be
maintained if structure requires a building permit;
(5)For purposes of this section one (1) story in height is a maximum of twelve
feet (12′) high as measured from the ground to the highest point of the
subject structure roof.
The exceptions as set forth above do not apply to the applicants’ project since
the building size exceeds the square footage limitations for these exceptions.
Pursuant to the submitted application the applicant would like to construct the
proposed shed at a distance of 10 feet (where 15 feet is required) from the
western property line. The site plan provided by the applicant demonstrates that
the proposed storage shed would be placed within the side yard on an existing
gravel pad adjacent to the existing single-family residence.
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.
Staff Comments:
In viewing the subject property with the applicant, the property is
developmentally constrained. The subject property slopes downwards
towards the location of the proposed storage shed which prohibits
development elsewhere on the subject property. Furthermore, pursuant to
the Recorded Plat (KEN 97-31) no trees with a trunk diameter within the
75 foot vegetation buffer may be removed from the subject property.
Therefore, given that the remaining trees on the subject property are
located within the 75 foot buffer area and cannot be removed. The
proposed storage shed would need to be placed in its proposed location.
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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.
Staff Comments:
The proposed shed would be placed on an existing gravel pad which was
created as part of the house construction. The property is constrained by
slope which limits the location where the storage shed could be
reasonably built. By placing the storage shed in the location as proposed
by the applicant, it would not 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.
Staff Comments:
The permitted principal use for this property is a single family dwelling; an
accessory building is an allowed use so long as there is permitted
principal use (residence) on the property.
4.The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
Staff Comments:
Located adjacent to the existing gravel pad is a 10 foot utility easement
which runs parallel to the proposed storage shed. The applicant proposes
to construct the storage shed a 10 foot distance from the property line.
Therefore, the minimum allowed distance for the storage shed to be
located from the property line would be 10 feet.
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.
Staff Comments:
The request for the variance is based on the applicants’ desire to place a
storage shed on their property and not on any other variance that may
have been granted in the Rural Residential Zone.
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RECOMMENDATIONS
Administration recommends the granting of this variance because it would be
consistent with the intent of KMC 14.20.180(a) which states “to provide relief
when the literal enforcement would deprive a property owner of the reasonable
use of his real property”.
The issuance of the variance shall be conditioned upon the following:
a.Applicants must comply with all Federal, State, and local
regulations.
b.Applicants must obtain a building permit prior to the placement of the
prefabricated storage shed on the property.
ATTACHMENTS:
1.Resolution No. PZ15-17
2.Site Plan
3.Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-17
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A FIVE FOOT SIDE YARD SETBACK VARIANCE WHERE 15
FEET IS REQUIRED TO ALLOW A TEN FOOT SIDE YARD SETBACK, FOR THE
PLACEMENT OF A 12 FOOT X 20 FOOT (240 SQUARE FEET) STORAGE SHED
WITH AN APPROXIMATELY 8 FOOT X 20 FOOT (160 SQUARE FEET) LEAN-TO.
THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
PROPERTY LOCATION: 1215 CHINOOK DRIVE, LOT 13, OBERTS PILLARS
SUBDIVISION PART TWO
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from
the strict provisions of the zoning code may be granted by the Commission if all
conditions specified in 14.20.180 are met; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1.That an application meeting the requirements of Section 14.20.180 (b) has been
submitted and received on May 22, 2015;
2.This request is located on land zoned as Rural Residential
3.Parent Borough Parcel No: 04937128
4.That the applicant seeks a variance that reduces the 15 foot side yard setback to
ten feet along the westerly boundary of the property.
5.The Planning & Zoning Commission has found that the conditions which are a
prerequisite to issuance of a variance have been met, as follows:
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
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a.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.
Staff Comments:
In viewing the subject property with the applicant, the property is
developmentally constrained. The subject property slopes downwards
towards the location of the proposed storage shed which prohibits
development elsewhere on the subject property. Furthermore, pursuant to
the Recorded Plat (KEN 97-31) no trees with a trunk diameter within the 75
foot vegetation buffer may be removed from the subject property. Therefore,
given that the remaining trees on the subject property are located within the
75 foot buffer area and cannot be removed. The proposed storage shed
would need to be placed in its proposed location.
b.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.
Staff Comments:
The proposed shed would be placed on an existing gravel pad which was
created as part of the house construction. The property is constrained by
slope which limits the location where the storage shed could be reasonably
built. By placing the storage shed in the location as proposed by the
applicant, it would not constitute a pecuniary hardship or inconvenience.
c.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.
Staff Comments:
The permitted principal use for this property is a single family dwelling; an
accessory building is an allowed use so long as there is permitted principal
use (residence) on the property.
d.The granting of a variance shall be the minimum variance that will provide for
the reasonable use of the land and/or structure.
Staff Comments:
Located adjacent to the existing gravel pad is a 10 foot utility easement which
runs parallel to the proposed storage shed. The applicant proposes to
construct the storage shed a 10 foot distance from the property line.
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Therefore, the minimum allowed distance for the storage shed to be located
from the property line would be 10 feet.
6.That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on June 17, 2015, June 19, 2015 and June 21,
2015.
7.Applicants must comply with all Federal, State, and local regulations.
8.Applicants must apply for a building permit prior to the placement of the
prefabricated storage shed on the property.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN
14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE
VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 24th DAY OF JUNE, 2015.
CHAIRPERSON: ___________________________
Jeff Twait, Chairperson
ATTEST: ____
Sandra Modigh, City Clerk
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JUNE 17, 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. Agenda Approval
4. 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 AS AMENDED. Ordinance No. 2835-2015 –
Appropriating Funds in the General Fund and Authorizing the Closure of the
Capital Project Management Fund.
2. ENACTED UNANIMOUSLY. Ordinance No. 2836-2015 – Increasing General
Fund Estimated Revenues and Appropriations for Costs in Excess of Budgeted
Amounts.
3. FAILED. Ordinance No. 2837-2015 – Amending the Kenai Municipal Code
Section 14.05.015 - Appointment to Planning and Zoning Commission, to Allow
Council Members to Make Nominations from the Timely Applicants.
4. POSTPONED TO JULY 1, 2015 MEETING. Ordinance No. 2838-2015 –
Declaring that T 5N R 11W Sec 5 Seward Meridian KN 0002970 Original
Townsite of Kenai, Lot 1, Block 9, Kenai, Alaska, also known as 1109 Garden
Avenue, Kenai, Alaska, whose Last Record Owner Under Borough
Assessment Records was C/O Alice Tumsuden, Homer H Tumsuden, whose
Address is, 3634 NE 46th Avenue, Portland, Oregon, 97213-1028, Shall be
Retained by the City of Kenai for a Public Purpose.
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5. ENACTED. Ordinance No. 2839-2015 – Amending Certain Sections of Kenai
Municipal Code Chapter 8.20-Fireworks Control, to Allow Limited Personal and
Private Use of Salable Fireworks on December 31 and January 1 of Each Year
and Make Other Housekeeping Changes.
6. ADOPTED. Resolution No. 2015-33 – Providing for the Submission to the
Qualified Voters of the City of Kenai, at the Regular Election of October 5,
2015, the Question of Amending Article 10, Elections, of the Charter of the City
of Kenai to Provide Designated Seats for Each Council Position and Allow
Qualified Voters to Vote in an Election for a Candidate for Each Seat.
7. ADOPTED. Resolution No. 2015-34 – Providing for the Submission to the
Qualified Voters of the City of Kenai, at the Regular Election of October 5,
2015, the Question of Amending Section 2-6. Council: Meetings, of the Charter
of the City of Kenai to Allow for a Reduced Number of Required Council
Meetings and Provide a Means to Cancel Council Meetings.
8. ADOPTED. Resolution No. 2015-35 – Providing for the Submission to the
Qualified Voters of the City of Kenai, at the Regular Election of October 5,
2015, the Question of Amending Section 10-3. Filing, to Remove the
Requirement that Candidates for Mayor and Council Provide a Petition Signed
by Twenty or More Registered Voters.
9. ADOPTED UNANIMOUSLY. Resolution No. 2015-36 – Awarding a Contract
to Precious Janitorial for Janitorial Services for the Kenai Visitor and Cultural
Center for the Total Amount of $11,136.00.
10. ADOPTED UNANIMOUSLY. Resolution No. 2015-37 – Awarding a Contract
to Integrity Janitorial for Janitorial Services for Kenai City Hall for the Total
Amount of $17,040.00.
11. ADOPTED UNANIMOUSLY AS AMENDED. Resolution No. 2015-38 –
Awarding a Contract to Precious Janitorial for Janitorial Services for the Kenai
Community Library for the Total Amount of $33,540.00.
12. ADOPTED UNANIMOUSLY. Resolution No. 2015-39 – Awarding a Contract
to Precious Janitorial for Janitorial Services for the Kenai Municipal Airport for
the Total Amount of $53,940.00.
13. ADOPTED UNANIMOUSLY. Resolution No. 2015-40 – Authorizing the City
Manager to Enter into a Bar and Lounge Concession Agreement for the Kenai
Municipal Airport.
14. ADOPTED UNANIMOUSLY. Resolution No. 2015-41 – Awarding a Contract
to Precious Janitorial for Janitorial Services for the Kenai Police Department
for the Total Amount of $11,736.00.
15. ADOPTED UNANIMOUSLY. Resolution No. 2015-42 – Renewing the City’s
Insurance Coverage with Alaska Public Entity Insurance (APEI) to Commence
July 1, 2015 and End June 30, 2016.
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E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 3, 2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. APPROVED. Action/Approval – Purchase Orders Exceeding $15,000.
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
7/1. *Ordinance No. 2840-2015 – Appropriating Transfers for FY2016
Budgeted Capital Projects in the Municipal Roadway Improvements Capital
Project Fund, the Parks Improvement Capital Project Fund, and the Cemetery
Improvements Capital Project Fund.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
7/1. *Ordinance No. 2841-2015 – Accepting and Appropriating a Volunteer
Fire Assistance (VFA) Grant from the United States Department of Agriculture
Forest Service Passed Through the State of Alaska Division of Forestry for the
Purchase of Forestry Firefighting Equipment.
5. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
7/1. *Ordinance No. 2842-2015 – Accepting and Appropriating Donations
Received for the Municipal Park Playground Improvements Project.
6. APPROVED UNANIMOUSLY. Action/Approval – Assignment of Lease
between Rockwell G Smith d/b/a Preferred Plumbing & Heating and the City of
Kenai for Property Described as Lot 10, Block 1, Etolin Subdivision to LORAC,
LLC.
7. APPROVED UNANIMOUSLY. Action/Approval – Assignment of Lease
between Rockwell G Smith d/b/a Preferred Plumbing & Heating and the City of
Kenai for Property Described as Lot 11, Block 1, Etolin Subdivision to LORAC,
LLC.
8. APPROVED UNANIMOUSLY. Action/Approval – Sixth Amendment to
Lease between the City of Kenai and Wild Pacific Salmon, Inc. for Property
Described as Lot 2, Kenai Spit Subdivision Extending the Term of the Lease
for 25 Years.
9. MAYOR NOMINATED MR. JACK FOCOSE/CONSIDERATION OF
CONFORMATION AT 7/1 MEETING. Action/Approval – Confirmation of the
Mayor’s Nomination to the Planning & Zoning Commission.
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10. SCHEDULED ON 7/21, 6P-8P. Action/Approval – Set a Work Session Date
to Discuss a Draft Ordinance Addressing Junk Cars.
11. CORRESPONDENCE PROVIDED BY THE ATTORNEY APPROVED.
Action/Approval – Action to be taken After the Outcome of the Work Session
Regarding Legalization of Commercial Marijuana.
12. APPROVED UNANIMOUSLY. Action/Approval – Consent to Assignment of
Concession Agreement for Fuel Services at the City’s Marine Fuel Dock.
13. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit for On
or Off-Loading Fish at the Kenai Municipal Airport Submitted by Snug Harbor
Seafoods, Inc.
14. DIRECTION PROVIDED TO THE FINANCE DIRECTOR. Discussion Item –
Changes in the City’s General Liability Insurance Coverage Which May change
Council’s Direction to the Administration Regarding Surety Bonding Amounts
Required for the City Manager, City Clerk, and Finance Director.
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
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.
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2. Ordinance No. 2829-2015 – Amending 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 Making Other
Housekeeping Changes.
N. ADJOURNMENT
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Kenai Spur Highway Rehabilitation – Letter from AKDOT
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.
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