HomeMy WebLinkAbout2015-10-14 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
OCTOBER 14, 2015, 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA 99611
http://www.kenai.city
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. *September 23, 2015 ......................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ15-26 – An application for a Conditional Use Permit for an Emotional Support
Animal (Horse) for a disabled adult on a parcel less than 40,000 square feet
within City of Kenai, City Limits for the property described as Lot 1 Block 1
McCann Subdivision, 1107 Fourth Avenue. The application was submitted by
Julie Kim Garretson. ......................................................................................... 7
[Clerk’s Note: At their September 23, 2015 meeting, Resolution PZ15-26 was
postponed to October 14, 2015 by the Planning & Zoning Commission for the purposes
From 6:15 p.m. – 6:45 p.m. the Planning and Zoning Commission will be
conducting a Site Visit at 1107 Fourth Avenue to view the premises for the
keeping of a proposed Emotional Support Animal (Horse) for a disabled
adult on a parcel less than 40,000 square feet. The Commission will be
traveling by bus from City Hall to the subject property. The public is
welcome to participate.
of conducting an additional public hearing and site visit. A motion to approve is on the
floor.]
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Consider rescheduling the November 11, November 25, and December 23
Planning and Zoning Commission meetings.
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 46
b. Borough Planning ............................................................................................. 50
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: Oct. 28, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
SEPTEMBER 23, 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
Commissioners present: G. Pettey, D. Fikes, R. Springer, J. Twait, J. Glendening, K. Peterson,
J. Focose
Staff/Council Liaison present: City Planner M. Kelley, Deputy City Clerk J. Heinz, Council
Liaison H. Knackstedt
A quorum was present.
c. *Excused Absences
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda with requested revisions; Commissioner
Fikes SECONDED the motion. There were no objections; SO ORDERED.
It was noted that the following were requested revisions/additions to the agenda/packet:
Add to Item 6. a
Resolution No. PZ15-28
• Additional Correspondence
Add to Item 6. b
Resolution No. PZ15-286
• Additional Correspondence
• Memo from City Planner
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Planning and Zoning Commission Meeting
September 23, 2015
Page 2
Add to Item 12. a
Informational Items
• Additional Correspondence
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: September 9, 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. PZ 15-28 – An application for a Conditional Use Permit for a professional office in the
Rural Residential zone for the property described as a portion of the Northwest one-
quarter (NW ¼), Section 11, Township 5 North, Range 11 West (KPB Parcel No.
04911002), 2785 Beaver Loop Road. The application was submitted by Clifford and
Kristin Smith, 319 Rogers Rd., Kenai, Alaska.
City Planner Kelley reviewed his staff report recommending approval of the Conditional Use
Permit with the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• A sign permit must be obtained.
• Five parking spaces, with at least one ADA parking space must be provided for.
• Annual reports for the Conditional Use Permit must be provided.
MOTION:
Commissioner Glendening MOVED to approve Resolution No. PZ15-28 and Commissioner
Focose SECONDED the motion.
Chairman Twait opened the public hearing.
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September 23, 2015
Page 3
Clifford Smith spoke in favor of the Conditional Use Permit; pointed out that the Comprehensive
Plan allowed certain businesses to be intermixed within residential zones; explained he expected
to have about ten customers per day; addressed where parking would be placed; discussed his
plans for low key signage and his intent to operate for three to four years and then retire, possibly
reverting the structure back to a residence.
There being no one else wishing to speak, the public hearing was closed.
During discussion, administration clarified the allowable size for signs in residential zones.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted the 15 day appeal period.
b. PZ15-26 – An application for a Conditional Use Permit for an Emotional Support Animal
(Horse) for a disabled adult on a parcel less than 40,000 square feet with City of Kenai,
City Limits for the property described as Lot 1, Block 1, MCCann Subdivision, 1107 Fourth
Avenue. The application was submitted by Julie Kim Garretson.
City Planner Kelley reviewed his staff report recommending approval of the Conditional Use
Permit with the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• A building permit must be obtained or applied for, for the existing horse barn.
• The stump near the corner of the house shall be removed or fenced off.
• Daily cleaning of stall and turn out area; removal of waste weekly.
• Leveling and coverage of sand for turn out and paddock areas shall be provided for; could
be amended to paddock area only since horse grazes in turnout area.
• All water runoff shall be kept on site.
• Any horse waste deposited while walking or riding in or on any City of Kenai rights of way
shall be immediately removed.
• The Conditional Use Permit shall expire if the conditional use ceases for one year or longer,
or if for any reason the horse is permanently removed from the property.
• Annual reports for the Conditional Use Permit must be provided.
• Chief Animal Control Officer may inspect to ensure maintenance and sanitation are being
provided for.
It was suggested that this item be postponed and the public hearing be continued until October
14 to allow for a field visit to the property.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-26 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
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September 23, 2015
Page 4
Faith Hampton spoke against the Conditional Use Permit expressing concern with how it would
affect her ability to sell her house; not enough space for a horse.
Julie Garrettson spoke in favor of the Conditional Use Permit stating how the horse had helped
her daughter’s disability; explained boarding the horse cost a significant amount of money and by
no longer boarding the horse, she would be able to spend the money on improvements to her
property.
Lynn Vernon spoke in favor of the Conditional Use Permit because of the improvements she had
seen in her granddaughter since being able to engage with the horse, including a desire to care
for the horse.
Cristal Barton spoke in favor of the Conditional Use Permit, speaking about her disability and
stating that the horse that made her want to take responsibility and rodeo with him.
There being no one else wishing to speak, the public hearing was closed.
During discussion, administration clarified that the site inspection by Animal Control would take
place at their discretion; the current situation was in violation of code and the Fair Housing Act
required the City to make reasonable accommodation. It was explained how husbandry was
defined. There was also discussion regarding shoeing the horse and providing for adequate
exercise.
MOTION:
Commissioner Glendening MOVED to postpone PZ15-26 to the next meeting to allow for a site
visit and additional public comment and Commissioner Peterson SECONDED the motion.
VOTE:
YEA: Pettey, Fikes, Springer, Twait, Peterson, Focose, Glendening
NAY:
MOTION PASSED UNANIMOUSLY.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS: None.
9. PENDING ITEMS: None.
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the September 16 Council
meeting, which was provided in the packet. Administration clarified that the work being
done to date in Beluga Subdivision did not require a Building Permit and clarified what
required a Landscape Permit.
b. Borough Planning – Glendening reported that the Planning Commission and Platting
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September 23, 2015
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Committee met in Seward on September 14; eleven plats throughout the Borough were
approved by the Platting Committee. He also reported that the Planning Commission
approved of an authorization for the acquisition of property on behalf of the hospital in
Homer and a material extraction Conditional Use Permit in Nikiski had been postponed to
the next meeting to allow the local public an opportunity to comment.
c. Administration – Kelley reported on the following matters:
• Draft 2015 Planning Commissioner Training and Conference Agenda in packet;
asked those interested in going to training or conference to advise by September
25.
• Scheduled the time for the site visit to the subject property of the Conditional Use
Permit for the horse; it was confirmed that the site visit would take place at
6:15pm on October 14.
11. PERSONS PRESENT NOT SCHEDULED: None.
12. INFORMATIONAL ITEMS: None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: October 14, 2015
COMMISSION COMMENTS & QUESTIONS: None.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
8:16 p.m.
Minutes prepared and submitted by:
_____________________________
Jamie Heinz, CMC
Deputy City Clerk
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6
STAFF REPORT
To: Planning & Zoning Commission
Date: September 23, 2015 Res: PZ15-26
GENERAL INFORMATION
Owner / Applicant: Julie Kim Garretson 907-394-0424
1107 4th Avenue
Kenai, AK 99611
Requested Action: Conditional Use Permit – Emotional Support Animal
(Horse) on a parcel less than 40,000 square feet
Legal Description: Lot 1, Block 1, McCann Subdivision
Street Address: 1107 4th Avenue
KPB Parcel No: 04309026
Existing Zoning: RS – Suburban Residential
Current Land Use: Single-Family Dwelling
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
The Owner has requested to keep and house an Emotional Support Animal (Horse) on a
parcel which is less than 40,000 square feet in size to provide therapeutic benefit for a
disabled adult who resides in the home on the subject parcel. Kenai Municipal Code
Section (KMC) 3.10.070(b) states;
“Livestock, other than bees, may be kept on lots of forty thousand (40,000)
square feet or greater. No livestock shall be allowed in the RU, RS1, RS2 or
TSH zones. Animals raised for a fur-bearing purpose are not allowed in any
zone. Beekeeping will be restricted as described in subsection (g).
Furthermore, a Horse is included in the definition of “livestock” as stated in KMC
3.10.070(c)(2). Finally, pursuant to KMC 3.10.070(h) “A person seeking relief from the
provisions of this section may apply for a conditional use permit under KMC 14.20.150”.
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 Conditional
Use Permit. The criteria are:
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The use is consistent with the purpose of this chapter and the purposes and intent of
the zoning district.
Zoning
The subject parcel is zoned Suburban Residential (RS). The Suburban Residential
Zone as outlined in KMC 14.20.090 is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The zone is
intended to separate residential structures to an extent which will allow for adequate
light, air, and privacy to prohibit uses which violate the residential character of the
environment and generate heavy traffic in predominantly residential areas. The
Suburban Residential zone allows for parcels with a minimum parcel size of 7,200
square feet as outlined in the Development Requirements Table in KMC Table
14.24.010. The subject parcel is approximately 10,018 square feet in size; therefore it
meets the minimum parcel size allowed in the Suburban Residential Zone.
The subject parcel is developed with a two-story detached single-family residence which
was built in 1960 according to Kenai Peninsula Borough Assessing records. The subject
parcel is further developed with related residential uses. The parcel is bound on the
north by Fourth Avenue and on the west by Aspen Street; both City of Kenai maintained
roads. Surrounding the subject parcel are single-family residences to the west with
single-family and multi-family residences to the east. To the north is the City of Kenai
Fourth Street Park and vacant parcels to the south.
As discussed above, KMC 3.10.070(h) outlines the requirements by which livestock may
be kept on parcels within the City of Kenai. Under this Code Section livestock may be
kept on parcels within the City of Kenai provided that they are 40,000 square feet or
greater and not zoned Urban Residential (RU), Suburban Residential 1 (RS1), Suburban
Residential 2 (RS2) or Townsite Historic District (TSH). As the subject parcel is zoned
Suburban Residential (RS) livestock animals such as horses may be kept on parcels
zoned as such. Therefore, specific to the RS Zoning District and the permitted uses in
KMC Table 14.24.010 and KMC 3.10.070(h), the keeping of a horse is a permitted use
on parcels zoned RS. With regards to the minimum allowed parcel size by which a
horse may be kept, KMC Section 3.10.070(b) specifies that the parcel must be at least
40,000 square feet or greater in size. As shown on the attached City of Kenai parcel
report, the subject parcel is approximately 10,018 square feet in size. Therefore, given
the parcel size being approximately 29,982 square feet less than what is allowed in KMC
3.10.070(b), a horse would not normally be allowed to be kept on the subject parcel.
However, given that the owner has requested to place a horse on the subject parcel
which has been registered as an Emotional Support Animal for the therapeutic benefit of
a disabled adult which may be viewed as a “Reasonable Accommodation” under the Fair
Housing Amendments Act and the Americans with Disabilities Act.
United States Fair Housing Act
Under the Fair Housing Act (FHA) it is unlawful to discriminate in housing on the basis of
race, color religion, sex, national origin, familial status, and disability. Furthermore,
under the FHA one type of disability discrimination prohibited is the refusal to make a
Reasonable Accommodation in rules, policies, practices, or services when such
accommodation may be necessary to afford a person with a disability the equal
opportunity to use and enjoy a dwelling (42 U.S.C. § 3604(f)(3)(B)).
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As described above, any person or entity engaging in prohibited conduct which would
include refusing to make Reasonable Accommodations under 42 U.S.C § 3604(f)(3)(B)
would be in violation of the FHA. Furthermore, in upholding the requirements within the
FHA, courts have applied it to state and local governments, most often in the context of
land-use decisions relating to exclusionary zoning ordinances.
Emotional Support Animal (Horse)
An Emotional Support Animal is an animal that provides emotional support, well-being,
comfort, or companionship to an individual with a disability. Emotional Support Animals
differ from Service Animals under the Americans with Disabilities Act (ADA) in that there
are no provisions for them to be given access to public places with no-pet policies.
However, they are often prescribed by a doctor as part of a therapy or treatment
program and are considered as a Reasonable Accommodation under the FHA.
In the case of the subject application, the owner of the property desires to place a horse
which has been prescribed by a Medical Doctor as an Emotional Support Animal on the
subject property for a disabled adult. According to the submitted application, the subject
horse provides an emotional support role for the owner’s disabled adult daughter who
resides in the home on the property.
Therefore, given the above discussion within the context of the proposed land-use
project, it seems reasonable that a Reasonable Accommodation can be made to allow
the placement of a horse as an Emotional Support Animal to provide a therapeutic
benefit for a disabled adult on the subject parcel given the compliance with Staff
recommended specific conditions of approval.
o Therefore, Staff finds that the proposed use is consistent with the purposes and
intent of the RS Zoning District and the purposes KMC 14.20.150.
The value of the adjoining property and neighborhood will not be significantly
impaired.
The proposed development must be in compliance with the requirements of KMC
3.10.070(f) which states “…Corrals, pens, hutches, coops or other animal containment
structures must have a minimum setback of twenty-five feet (25’) from the property’s
side yards, fifty feet (50’) from the front yard, and ten (10’) from the back yard. All animal
containment structures must be secure and in good repair.”
Staff viewed the subject parcel with the Chief Animal Control Officer to ensure that the
conditions in which the horse would be housed in meet the criteria of KMC
3.10.060(a)(3) and (4). The Chief Animal Control Officer has provided comments
regarding the keeping of the horse (Major) on the subject property, which are the
following:
Comments from JJ Hendrickson, Chief Animal Control Officer Kenai Animal Shelter in Kenai, AK
regarding horse case:
After visual examination of the property located on 1107 4th Ave Kenai, AK 99611 and a review of
the minutes from the workshop entitled Public Workshop for Proposed Animal Care Standards for
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horses held on February 21, 2012 for DEC, at this time the property meets the standards for
shelter and water.
Based on Shelter Approach #1 from the workshop,
1. A shelter is available for the horse in cases of extreme weather conditions.
2. The shelter is sufficient in size for the horse to comfortably stand up, turn around and lie
down.
3. The minimum ceiling height is greater than one foot above the horse’s head when held at
its highest level.
4. All enclosures and shelters are fee of hazards that may cause injury.
a. Property owner is working on adding more rubber matting to the floor inside the
shelter. One portion does not have matting. This will need to be completed.
b. Property owner noted a sink hole that will be blocked off to the horse as exercise
room is expanded.
c. Medium size stump present in corner near house (located in expanded exercise
area). This may need to be removed or fenced off to prevent horse from injury.
5. Excessive feces, urine, mud, or other waste products were not accumulated within the
housing enclosure.
a. Property owner currently bagging waste and taking to dump.
b. During winter property owner will be composting to eventually use as fertilizer to
replace Alaska grass in expanded exercise yard.
6. Ventilation seems sufficient
7. Horse has access to adequate exercise area (currently blocked off by electric fence). Will
be expanding to heavy duty fencing once funds become available.
a. Can these fences be secured to the ground? Although heavy duty they did have
good movement when the main gate was opened and closed.
Horse has access to water daily. Property owner will heat water during winter.
Furthermore, according to the Chief Animal Control Officer, based on her research and
in speaking with Dr. Nybakken who is the Veterinarian of the subject horse; as well as
the age of the horse (Major), it can be cared for on the subject parcel. However, if
proper livestock husbandry is not performed, it could have a detrimental effect to the
horse, property and neighboring area.
Given the above comments from the Chief Animal Control Officer, staff recommends that
the Conditional Use Permit be conditioned so that proper livestock husbandry is
performed and that the horse paddock fencing is secured to the ground. Staff also
recommends that the horse turn out area be secured with similar heavy duty livestock
fencing and that the electrical fencing white wires be removed.
Staff further recommends that they both the horse paddock and turn out area be leveled
and compacted to ensure proper footing and that both areas be covered with one foot or
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more of fine sand. Lastly, Staff recommends that a Building Permit be obtained for the
existing horse barn as it appears to be over 120 square feet in size which is, therefore;
subject to Building Code.
o Therefore, provided that the recommendations submitted by the Chief Animal
Control Officer are followed, Staff believes that the value of the adjoining
property and neighborhood will not be significantly impaired.
The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan defines the Neighborhood Residential
district as consisting of single-family and multi-family residential areas that
are urban or suburban in character. Typically, public water and sewer
services are in place or planned for installation. This land use district may
include both single-family and multi-family dwellings subject to reasonable
density transitions and/or design compatibility. Formal public outdoor
spaces (parks) are a critical feature in this district. Small home-based
businesses may be accommodated within certain design guidelines.
Neighborhood institutional uses such as churches, schools, and day care
facilities may be intermixed if they comply with neighborhood design
guidelines.
o Staff finds the proposed development meets this standard.
Public services and facilities are adequate to serve the proposed use.
City water and sewer currently serve the subject parcel. Fourth Avenue is a
paved city street and Aspen Street is a gravel city street.
o Staff finds the proposed development meets this standard.
The proposed use will not be harmful to the public safety, health or welfare.
The proposed project is to place an Emotional Support Animal (horse) on a parcel
that is less than 40,000 square feet in size to provide a therapeutic benefit for a
disabled adult who lives in the home. According to comments provided by the Chief
Animal Control Officer as long as proper livestock husbandry is performed and given
the age of the horse at 35 years old, it can be properly cared for on the subject
parcel.
o Therefore, the proposed use would not have a harmful impact to the public
safety, heath or welfare and Staff can find that the proposed development
meets this standard.
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.
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1. Further development of the property shall conform to all Federal, State, and
local regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a
building permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing
horse stall.
4. Property owner shall remove or fence off the existing medium stump present
near the corner of the house located within the horse turn out area to prevent
horse injury.
5. Property owner shall provide daily cleaning of horse stall area including the
horse paddock and turn out area. All horse manure shall be bagged and stored
in an air tight container to prevent odor accumulation. All horse manure shall be
taken to an appropriate Kenai Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent
horse injury. Both areas shall be covered by up to one foot of fine sand to
provide proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the
property owner allow water runoff containing horse feces, urine, or other waste
products to enter the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way
any horse waste that is deposited shall be immediately removed by the property
owner. Any costs incurred by the City of Kenai in removing any horse waste
deposited in or onto any City of Kenai rights-of-way shall be paid by the property
owner.
9. Pursuant to Kenai Municipal Code Section 14.20.150(i)(2) the Conditional Use
Permit shall automatically expire if for any reason the conditional use ceases for
a period of one (1) year or longer. If for any reason the subject horse (Major) is
removed from the property on a permanent basis the Conditional Use Permit
shall automatically expire. Upon expiration any items relating to the keeping of
the horse (Major) including but not limited to: fencing, feed, or related livestock
husbandry items shall be removed from the subject property.
10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
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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. Staff therefore recommends approval with the following
conditions:
1. Further development of the property shall conform to all Federal, State, and
local regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a
building permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing
horse stall.
4. Property owner shall remove or fence off the existing medium stump present near
the corner of the house located within the horse turn out area to prevent horse
injury.
5. Property owner shall provide daily cleaning of horse stall area including the horse
paddock and turn out area. All horse manure shall be bagged and stored in an air
tight container to prevent odor accumulation. All horse manure shall be taken to an
appropriate Kenai Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent
horse injury. Both areas shall be covered by up to one foot of fine sand to provide
proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the
property owner allow water runoff containing horse feces, urine, or other waste
products to enter the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way
any horse waste that is deposited shall be immediately removed by the property
owner. Any costs incurred by the City of Kenai in removing any horse waste
deposited in or onto any City of Kenai rights-of-way shall be paid by the property
owner.
9. The subject Conditional Use Permit shall automatically expire if for any reason the
subject horse (Major) is removed or leaves the subject property on a permanent
basis. Upon expiration, any items relating to the keeping of the horse (Major)
including but not limited to: fencing, feed, or related livestock husbandry items shall
be removed from the subject property. Prior to placing any new, additional, or
replacement animals for the subject horse (Major) on the subject property a new
Conditional Use Permit must be obtained from the City of Kenai.
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10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall
submit an Annual Report to the City of Kenai.
ATTACHMENTS:
1. Resolution No. PZ15-26
2. Application
4. Site Plan
5. Map
6. Site Pictures
14
SUBSTITUTE
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-26
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A EMOTIONAL
SUPPORT ANIMAL (HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET.
APPLICANT: Julie Kim Garretson
PROPERTY ADDRESS: 1107 4th Avenue, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 1, Block 1, McCann Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04309026
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on August 24, 2015; and,
WHEREAS, the application affects land which is zoned as Suburban Residential (RS); and,
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153
was conducted by the Planning and Zoning Commission on September 23, 2015; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 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:
A. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
Zoning
The subject parcel is zoned Suburban Residential (RS). The Suburban Residential Zone
as outlined in KMC 14.20.090 is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The zone is
intended to separate residential structures to an extent which will allow for adequate light,
air, and privacy to prohibit uses which violate the residential character of the environment
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
15
and generate heavy traffic in predominantly residential areas.
The Suburban Residential zone allows for parcels with a minimum parcel size of 7,200
square feet as outlined in the Development Requirements Table in KMC Table 14.24.010.
The subject parcel is approximately 10,018 square feet in size; therefore it meets the
minimum parcel size allowed in the Suburban Residential Zone.
The subject parcel is developed with a two-story detached single-family residence which
was built in 1960 according to Kenai Peninsula Borough Assessing records. The subject
parcel is further developed with related residential uses. The parcel is bound on the north
by Fourth Avenue and on the west by Aspen Street; both City of Kenai maintained roads.
Surrounding the subject parcel are single-family residences to the west with single-family
and multi-family residences to the east. To the north is the City of Kenai Fourth Street Park
and vacant parcels to the south.
As discussed above, KMC 3.10.070(h) outlines the requirements by which livestock may be
kept on parcels within the City of Kenai. Under this Code Section livestock may be kept on
parcels within the City of Kenai provided that they are 40,000 square feet or greater and not
zoned Urban Residential (RU), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2) or Townsite Historic District (TSH). As the subject parcel is zoned Suburban
Residential (RS) livestock animals such as horses may be kept on parcels zoned as such.
Therefore, specific to the RS Zoning District and the permitted uses in KMC Table
14.24.010 and KMC 3.10.070(h), the keeping of a horse is a permitted use on parcels
zoned RS. With regards to the minimum allowed parcel size by which a horse may be kept,
KMC Section 3.10.070(b) specifies that the parcel must be at least 40,000 square feet or
greater in size. As shown on the attached City of Kenai parcel report, the subject parcel is
approximately 10,018 square feet in size. Therefore, given the parcel size being
approximately 29,982 square feet less than what is allowed in KMC 3.10.070(b), a horse
would not normally be allowed to be kept on the subject parcel. However, given that the
owner has requested to place a horse on the subject parcel which has been registered as
an Emotional Support Animal for the therapeutic benefit of a disabled adult which may be
viewed as a “Reasonable Accommodation” under the Fair Housing Amendments Act and
the Americans with Disabilities Act.
United States Fair Housing Act
Under the Fair Housing Act (FHA) it is unlawful to discriminate in housing on the basis of
race, color religion, sex, national origin, familial status, and disability. Furthermore, under
the FHA one type of disability discrimination prohibited is the refusal to make a Reasonable
Accommodation in rules, policies, practices, or services when such accommodation may be
necessary to afford a person with a disability the equal opportunity to use and enjoy a
dwelling (42 U.S.C. § 3604(f)(3)(B)).
As described above, any person or entity engaging in prohibited conduct which would
include refusing to make Reasonable Accommodations under 42 U.S.C § 3604(f)(3)(B)
would be in violation of the FHA. Furthermore, in upholding the requirements within the
FHA, courts have applied it to state and local governments, most often in the context of
land-use decisions relating to exclusionary zoning ordinances.
16
Emotional Support Animal (Horse)
An Emotional Support Animal is an animal that provides emotional support, well-being,
comfort, or companionship to an individual with a disability. Emotional Support Animals
differ from Service Animals under the Americans with Disabilities Act (ADA) in that there
are no provisions for them to be given access to public places with no-pet policies.
However, they are often prescribed by a doctor as part of a therapy or treatment program
and are considered as a Reasonable Accommodation under the FHA.
In the case of the subject application, the owner of the property desires to place a horse
which has been prescribed by a Medical Doctor as an Emotional Support Animal on the
subject property for a disabled adult. According to the submitted application, the subject
horse provides an emotional support role for the owner’s disabled adult daughter who
resides in the home on the property.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that a Reasonable Accommodation can be made to allow the
placement of a horse as an Emotional Support Animal to provide a therapeutic benefit for a
disabled adult on the subject parcel given the compliance with Staff recommended specific
conditions of approval.
B. The value of the adjoining property and neighborhood will not be significantly impaired.
The proposed development must be in compliance with the requirements of KMC
3.10.070(f) which states “…Corrals, pens, hutches, coops or other animal containment
structures must have a minimum setback of twenty-five feet (25’) from the property’s side
yards, fifty feet (50’) from the front yard, and ten (10’) from the back yard. All animal
containment structures must be secure and in good repair.”
Staff viewed the subject parcel with the Chief Animal Control Officer to ensure that the
conditions in which the horse would be housed in meet the criteria of KMC 3.10.060(a)(3)
and (4). The Chief Animal Control Officer has provided comments regarding the keeping of
the horse (Major) on the subject property, which are the following:
Comments from JJ Hendrickson, Chief Animal Control Officer Kenai Animal Shelter in Kenai, AK regarding
horse case:
After visual examination of the property located on 1107 4th Ave Kenai, AK 99611 and a review of the minutes
from the workshop entitled Public Workshop for Proposed Animal Care Standards for horses held on February
21, 2012 for DEC, at this time the property meets the standards for shelter and water.
Based on Shelter Approach #1 from the workshop,
1. A shelter is available for the horse in cases of extreme weather conditions.
2. The shelter is sufficient in size for the horse to comfortably stand up, turn around and lie down.
3. The minimum ceiling height is greater than one foot above the horse’s head when held at its highest level.
All enclosures and shelters are fee of hazards that may cause injury.
a. Property owner is working on adding more rubber matting to the floor inside the shelter. One
portion does not have matting. This will need to be completed.
17
b. Property owner noted a sink hole that will be blocked off to the horse as exercise room is
expanded.
c. Medium size stump present in corner near house (located in expanded exercise area). This may
need to be removed or fenced off to prevent horse from injury.
4. Excessive feces, urine, mud, or other waste products were not accumulated within the housing enclosure.
a. Property owner currently bagging waste and taking to dump.
b. During winter property owner will be composting to eventually use as fertilizer to replace Alaska
grass in expanded exercise yard.
5. Ventilation seems sufficient.
6. Horse has access to adequate exercise area (currently blocked off by electric fence). Will be expanding to
heavy duty fencing once funds become available.
a. Can these fences be secured to the ground? Although heavy duty they did have good movement
when the main gate was opened and closed.
7. Horse has access to water daily. Property owner will heat water during winter.
Furthermore, according to the Chief Animal Control Officer, based on her research and in
speaking with Dr. Nybakken who is the Veterinarian of the subject horse; as well as the age
of the horse (Major), it can be cared for on the subject parcel. However, if proper livestock
husbandry is not performed, it could have a detrimental effect to the horse, property and
neighboring area.
Given the above comments from the Chief Animal Control Officer, staff recommends that the
Conditional Use Permit be conditioned so that proper livestock husbandry is performed and
that the horse paddock fencing is secured to the ground. Staff also recommends that the
horse turn out area be secured with similar heavy duty livestock fencing and that the
electrical fencing white wires be removed.
Staff further recommends that they both the horse paddock and turn out area be leveled and
compacted to ensure proper footing and that both areas be covered with one foot or more of
fine sand. Lastly, Staff recommends that a Building Permit be obtained for the existing
horse barn as it appears to be over 120 square feet in size which is, therefore; subject to
Building Code.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan defines the Neighborhood Residential district as consisting
of single-family and multi-family residential areas that are urban or suburban in character.
Typically, public water and sewer services are in place or planned for installation. This land
use district may include both single-family and multi-family dwellings subject to reasonable
density transitions and/or design compatibility. Formal public outdoor spaces (parks) are a
critical feature in this district. Small home-based businesses may be accommodated within
certain design guidelines. Neighborhood institutional uses such as churches, schools, and
day care facilities may be intermixed if they comply with neighborhood design guidelines.
18
D. Public services and facilities are adequate to serve the proposed use.
City water and sewer currently serve the subject parcel. Fourth Avenue is a paved city
street and Aspen Street is a gravel city street.
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed project is to place an Emotional Support Animal (horse) on a parcel that is
less than 40,000 square feet in size to provide a therapeutic benefit for a disabled adult who
lives in the home. According to comments provided by the Chief Animal Control Officer as
long as proper livestock husbandry is performed and given the age of the horse at 35 years
old, it can be properly cared for on the subject parcel; and,
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall 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, as follows:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall apply for a building
permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing horse stall.
4. Property owner shall ensure that horse paddock and horse turn-out area are maintained in
such a manner that prevents horse injury.
5. Property owner shall provide daily cleaning of horse stall area including the horse paddock
and turn-out area. All horse manure shall be bagged and stored in an air tight container to
prevent odor accumulation. All horse manure shall be taken to an appropriate Kenai
Peninsula Borough landfill for disposal weekly.
6. Horse paddock area shall be covered by up to one foot of fine sand to provide for proper
horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the property
owner allow water runoff containing horse feces, urine, or other waste products to enter
the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way any horse
waste that is deposited shall be immediately removed by the property owner.
9. The subject Conditional Use Permit shall automatically expire if for any reason the subject
horse (Major) is removed or leaves the subject property on a permanent basis. Upon
expiration, any items relating to the keeping of the horse (Major) including but not limited
to: fencing, feed, or related livestock husbandry items shall be removed from the subject
property.
19
Prior to placing any new, additional, or replacement animals for the subject horse (Major)
on the subject property a new Conditional Use Permit must be obtained from the City of
Kenai.
10.The Chief Animal Control Officer or their designee may inspect the subject parcel to
observe the conditions to ensure that they subject horse (Major), horse barn, horse
paddock and horse turn-out area are being kept in a clean and sanitary condition and free
from objectionable odor, pursuant to Kenai Municipal Code 3.10.030, Maintenance and
Sanitation.
11.Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an
Annual Report to the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED EMOTIONAL SUPPORT ANIMAL
(HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET 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, this 14th of October, 2015.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
20
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-26
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR A EMOTIONAL
SUPPORT ANIMAL (HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET.
APPLICANT: Julie Kim Garretson
PROPERTY ADDRESS: 1107 4th Avenue, Kenai, AK 99611
LEGAL DESCRIPTION: Lot 1, Block 1, McCann Subdivision
KENAI PENINSULA BOROUGH PARCEL NO: 04309026
WHEREAS, an application meeting the requirements of Section 14.20.150 has been submitted
and received on August 24, 2015; and,
WHEREAS, the application affects land which is zoned as Suburban Residential (RS); and,
WHEREAS, a duly advertised public hearing as required by Kenai Municipal Code 14.20.153
was conducted by the Planning and Zoning Commission on September 23, 2015; and,
WHEREAS, the applicant has demonstrated with plans and other documents that the
prerequisites of a Conditional Use Permit have been met. Kenai Municipal Code 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:
A. The use is consistent with the purpose of this chapter and the purposes and intent of the
zoning district.
Zoning
The subject parcel is zoned Suburban Residential (RS). The Suburban Residential Zone
as outlined in KMC 14.20.090 is intended to provide for medium density residential
development in areas which will be provided with common utility systems. The zone is
intended to separate residential structures to an extent which will allow for adequate light,
air, and privacy to prohibit uses which violate the residential character of the environment
and generate heavy traffic in predominantly residential areas.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.ci.kenai.ak.us
21
The Suburban Residential zone allows for parcels with a minimum parcel size of 7,200
square feet as outlined in the Development Requirements Table in KMC Table 14.24.010.
The subject parcel is approximately 10,018 square feet in size; therefore it meets the
minimum parcel size allowed in the Suburban Residential Zone.
The subject parcel is developed with a two-story detached single-family residence which
was built in 1960 according to Kenai Peninsula Borough Assessing records. The subject
parcel is further developed with related residential uses. The parcel is bound on the north
by Fourth Avenue and on the west by Aspen Street; both City of Kenai maintained roads.
Surrounding the subject parcel are single-family residences to the west with single-family
and multi-family residences to the east. To the north is the City of Kenai Fourth Street Park
and vacant parcels to the south.
As discussed above, KMC 3.10.070(h) outlines the requirements by which livestock may be
kept on parcels within the City of Kenai. Under this Code Section livestock may be kept on
parcels within the City of Kenai provided that they are 40,000 square feet or greater and not
zoned Urban Residential (RU), Suburban Residential 1 (RS1), Suburban Residential 2
(RS2) or Townsite Historic District (TSH). As the subject parcel is zoned Suburban
Residential (RS) livestock animals such as horses may be kept on parcels zoned as such.
Therefore, specific to the RS Zoning District and the permitted uses in KMC Table
14.24.010 and KMC 3.10.070(h), the keeping of a horse is a permitted use on parcels
zoned RS. With regards to the minimum allowed parcel size by which a horse may be kept,
KMC Section 3.10.070(b) specifies that the parcel must be at least 40,000 square feet or
greater in size. As shown on the attached City of Kenai parcel report, the subject parcel is
approximately 10,018 square feet in size. Therefore, given the parcel size being
approximately 29,982 square feet less than what is allowed in KMC 3.10.070(b), a horse
would not normally be allowed to be kept on the subject parcel. However, given that the
owner has requested to place a horse on the subject parcel which has been registered as
an Emotional Support Animal for the therapeutic benefit of a disabled adult which may be
viewed as a “Reasonable Accommodation” under the Fair Housing Amendments Act and
the Americans with Disabilities Act.
United States Fair Housing Act
Under the Fair Housing Act (FHA) it is unlawful to discriminate in housing on the basis of
race, color religion, sex, national origin, familial status, and disability. Furthermore, under
the FHA one type of disability discrimination prohibited is the refusal to make a Reasonable
Accommodation in rules, policies, practices, or services when such accommodation may be
necessary to afford a person with a disability the equal opportunity to use and enjoy a
dwelling (42 U.S.C. § 3604(f)(3)(B)).
As described above, any person or entity engaging in prohibited conduct which would
include refusing to make Reasonable Accommodations under 42 U.S.C § 3604(f)(3)(B)
would be in violation of the FHA. Furthermore, in upholding the requirements within the
FHA, courts have applied it to state and local governments, most often in the context of
land-use decisions relating to exclusionary zoning ordinances.
22
Emotional Support Animal (Horse)
An Emotional Support Animal is an animal that provides emotional support, well-being,
comfort, or companionship to an individual with a disability. Emotional Support Animals
differ from Service Animals under the Americans with Disabilities Act (ADA) in that there
are no provisions for them to be given access to public places with no-pet policies.
However, they are often prescribed by a doctor as part of a therapy or treatment program
and are considered as a Reasonable Accommodation under the FHA.
In the case of the subject application, the owner of the property desires to place a horse
which has been prescribed by a Medical Doctor as an Emotional Support Animal on the
subject property for a disabled adult. According to the submitted application, the subject
horse provides an emotional support role for the owner’s disabled adult daughter who
resides in the home on the property.
Therefore, given the above discussion within the context of the proposed land-use project,
it seems reasonable that a Reasonable Accommodation can be made to allow the
placement of a horse as an Emotional Support Animal to provide a therapeutic benefit for a
disabled adult on the subject parcel given the compliance with Staff recommended specific
conditions of approval.
B. The value of the adjoining property and neighborhood will not be significantly impaired.
The proposed development must be in compliance with the requirements of KMC
3.10.070(f) which states “…Corrals, pens, hutches, coops or other animal containment
structures must have a minimum setback of twenty-five feet (25’) from the property’s side
yards, fifty feet (50’) from the front yard, and ten (10’) from the back yard. All animal
containment structures must be secure and in good repair.”
Staff viewed the subject parcel with the Chief Animal Control Officer to ensure that the
conditions in which the horse would be housed in meet the criteria of KMC 3.10.060(a)(3)
and (4). The Chief Animal Control Officer has provided comments regarding the keeping of
the horse (Major) on the subject property, which are the following:
Comments from JJ Hendrickson, Chief Animal Control Officer Kenai Animal Shelter in Kenai, AK regarding
horse case:
After visual examination of the property located on 1107 4th Ave Kenai, AK 99611 and a review of the minutes
from the workshop entitled Public Workshop for Proposed Animal Care Standards for horses held on February
21, 2012 for DEC, at this time the property meets the standards for shelter and water.
Based on Shelter Approach #1 from the workshop,
1. A shelter is available for the horse in cases of extreme weather conditions.
2. The shelter is sufficient in size for the horse to comfortably stand up, turn around and lie down.
3. The minimum ceiling height is greater than one foot above the horse’s head when held at its highest level.
All enclosures and shelters are fee of hazards that may cause injury.
a. Property owner is working on adding more rubber matting to the floor inside the shelter. One
portion does not have matting. This will need to be completed.
23
b. Property owner noted a sink hole that will be blocked off to the horse as exercise room is
expanded.
c. Medium size stump present in corner near house (located in expanded exercise area). This may
need to be removed or fenced off to prevent horse from injury.
4. Excessive feces, urine, mud, or other waste products were not accumulated within the housing enclosure.
a. Property owner currently bagging waste and taking to dump.
b. During winter property owner will be composting to eventually use as fertilizer to replace Alaska
grass in expanded exercise yard.
5. Ventilation seems sufficient.
6. Horse has access to adequate exercise area (currently blocked off by electric fence). Will be expanding to
heavy duty fencing once funds become available.
a. Can these fences be secured to the ground? Although heavy duty they did have good movement
when the main gate was opened and closed.
7. Horse has access to water daily. Property owner will heat water during winter.
Furthermore, according to the Chief Animal Control Officer, based on her research and in
speaking with Dr. Nybakken who is the Veterinarian of the subject horse; as well as the age
of the horse (Major), it can be cared for on the subject parcel. However, if proper livestock
husbandry is not performed, it could have a detrimental effect to the horse, property and
neighboring area.
Given the above comments from the Chief Animal Control Officer, staff recommends that the
Conditional Use Permit be conditioned so that proper livestock husbandry is performed and
that the horse paddock fencing is secured to the ground. Staff also recommends that the
horse turn out area be secured with similar heavy duty livestock fencing and that the
electrical fencing white wires be removed.
Staff further recommends that they both the horse paddock and turn out area be leveled and
compacted to ensure proper footing and that both areas be covered with one foot or more of
fine sand. Lastly, Staff recommends that a Building Permit be obtained for the existing
horse barn as it appears to be over 120 square feet in size which is, therefore; subject to
Building Code.
C. The proposed use is in harmony with the Comprehensive Plan.
The 2003 Comprehensive Plan defines the Neighborhood Residential district as consisting
of single-family and multi-family residential areas that are urban or suburban in character.
Typically, public water and sewer services are in place or planned for installation. This land
use district may include both single-family and multi-family dwellings subject to reasonable
density transitions and/or design compatibility. Formal public outdoor spaces (parks) are a
critical feature in this district. Small home-based businesses may be accommodated within
certain design guidelines. Neighborhood institutional uses such as churches, schools, and
day care facilities may be intermixed if they comply with neighborhood design guidelines.
24
D. Public services and facilities are adequate to serve the proposed use.
City water and sewer currently serve the subject parcel. Fourth Avenue is a paved city
street and Aspen Street is a gravel city street.
E. The proposed use will not be harmful to the public safety, health or welfare.
The proposed project is to place an Emotional Support Animal (horse) on a parcel that is
less than 40,000 square feet in size to provide a therapeutic benefit for a disabled adult who
lives in the home. According to comments provided by the Chief Animal Control Officer as
long as proper livestock husbandry is performed and given the age of the horse at 35 years
old, it can be properly cared for on the subject parcel; and,
WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning
Commission to fulfill the conditions as set forth below shall 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, as follows:
1. Further development of the property shall conform to all Federal, State, and local
regulations.
2. Prior to issuance of the Conditional Use Permit, property owner shall obtain a building
permit for the existing horse barn.
3. Property owner shall install rubber matting to the entire floor within the existing horse stall.
4. Property owner shall remove or fence off the existing medium stump present near the
corner of the house located within the horse turn out area to prevent horse injury.
5. Property owner shall provide daily cleaning of horse stall area including the horse paddock
and turn out area. All horse manure shall be bagged and stored in an air tight container to
prevent odor accumulation. All horse manure shall be taken to an appropriate Kenai
Peninsula Borough landfill for disposal weekly.
6. Horse turn out and paddock areas shall be leveled and compacted to prevent horse injury.
Both areas shall be covered by up to one foot of fine sand to provide proper horse footing.
7. All water runoff from the horse areas shall be kept on site. At no time shall the property
owner allow water runoff containing horse feces, urine, or other waste products to enter
the City rights-of-way or onto neighboring properties.
8. While walking or riding the subject horse in or on any City of Kenai rights-of-way any horse
waste that is deposited shall be immediately removed by the property owner. Any costs
incurred by the City of Kenai in removing any horse waste deposited in or onto any City of
Kenai rights-of-way shall be paid by the property owner.
25
9. The subject Conditional Use Permit shall automatically expire if for any reason the subject
horse (Major) is removed or leaves the subject property on a permanent basis. Upon
expiration, any items relating to the keeping of the horse (Major) including but not limited
to: fencing, feed, or related livestock husbandry items shall be removed from the subject
property. Prior to placing any new, additional, or replacement animals for the subject
horse (Major) on the subject property a new Conditional Use Permit must be obtained from
the City of Kenai.
10. Pursuant to Kenai Municipal Code Section 14.20.150(f) the property owner shall submit an
Annual Report to the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED EMOTIONAL SUPPORT ANIMAL
(HORSE) ON A PARCEL LESS THAN 40,000 SQUARE FEET 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, this 23rd of September, 2015.
Jeff Twait, Chairperson
ATTEST:
Sandra Modigh, City Clerk
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1
Matthew Kelley
From:Karen Mahurin [karenmahurin@gmail.com]
Sent:Tuesday, September 15, 2015 6:22 PM
To:Matthew Kelley
Subject:PZ15-26
Hi Matt, thank you for allowing me to submit testimony to the Planning & Zoning Commission, via e-mail as I just today
received the notice of the application for a conditional use permit for an emotional support animal (horse) for a disabled
adult which is on property Lot 1, Block 1 McCann Subdivision.
I am the owner of Lots 3 and 4, Block 1, McCann Subdivision. My property directly abuts the property in question.
I would like to go on record as being 100% opposed to you approving the conditional use permit. This is the second
attempt by this owner to have additional horses on her lot. I have no belief in her story and I believe this is an attempt to
circumvent the previous decision by the City of Kenai.
Having horses, stables, manure etc. next to my property will undoubtedly have a negative impact when I put those lots up
for sale. This is a neighborhood of homes, not of large animals and corrals.
I am available for questions at 503-355-2197. Please enter this e-mail as testimony at the public hearing on September
23.
Thank you,
Karen J. Mahurin
karenmahurin@gmail.com
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
OCTOBER 7, 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)
1. Jayce Robertson, Kenai Resident – Inlet Woods Subdivision Storm Drain
Problem.
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. ENACTED AS AMENDED. Ordinance No. 2852-2015 – Repealing and
Reenacting Kenai Municipal Code Chapter 7.15-Purchases and Sales, to
Expand Public Solicitation Requirements, Redefine Professional Services,
Define Management Services, Reorganize the Chapter, Provide an Appeals
Process, and Make Other Material and Housekeeping Changes and Amending
Chapter 7.25-City Budget, to Include Setting Fee Schedules.
[Clerk’s Note: At its September 16th meeting, the Ordinance was postponed to October 7th
for the purpose of conducting an additional public hearing. A motion to enact is on the
floor.]
2. ENACTED. Ordinance No. 2855-2015 – Amending the Official Kenai Zoning
Map by Rezoning, Tracts A-1 & A-2, Evergreen Tract a Resub; (Parcel
Numbers: 04314102, 04314101) from Rural Residential (RR) to General
Commercial (CG).
46
Kenai City Council Meeting Page 2 of 4
October 7, 2015
3. ENACTED UNANIMOUSLY AS AMENDED. Ordinance No. 2856-2015 –
Accepting and Appropriating Reimbursement Funds in the Amount of
$16,818.31 Received for Support of Card Street Fire Suppression Efforts.
• Substitute Ordinance No. 2856-2015 – Increasing Estimated
Revenues and Appropriation in the General Fund in the Amount of
$16,818.31 for Revenue Received in FY2015 for Support of Card
Street Fire Suppression Efforts.
4. ENACTMENT FAILED. Ordinance No. 2857-2015 – Amending the Kenai
Municipal Code Section 3.10.070-Livestock within the City Limits, to Allow for
Twelve (12) Chicken Hens or Less to be Kept in the RU, RS1, RS2 and TSH
Zones and on Certain Parcels within the City of Kenai that are Less than Forty
Thousand (40,000) Square Feet in Size.
5. ADOPTED UNANIMOUSLY. Resolution No. 2015-52 – Adopting the City of
Kenai Capital Improvements Plan Priority Lists for State Funding Requests for
the Fiscal Year 2017.
6. ADOPTED UNANIMOUSLY. Resolution No. 2015-53 – Adopting the City of
Kenai Recommendations for State-Wide Projects for the State Fiscal Year
2017.
7. ADOPTED. Resolution No. 2015-54 – Declaring Equipment, Supplies, and
Materials Surplus or Obsolete, and to be Sold as Allowed in Kenai Municipal
Code 7.15.060 and 7.15.070.
8. ADOPTED UNANIMOUSLY. Resolution No. 2015-55 – Awarding an
Agreement for Construction of the Kenai Recreation Center 2015 – Hallway
Improvements.
9. ADOPTED UNANIMOUSLY. Resolution No. 2015-56 – Awarding a Three
Year Contract for Facility Management Services at the City of Kenai Multi-
Purpose Facility, to Red Line Sports, with an Option to Renew for Two
Successive One-Year Terms.
E. MINUTES
1. REMOVED FROM THE AGENDA. *Work Session Summary of September 14,
2015
2. APPROVED BY THE CONSENT AGENDA. *Work Session Summary of
September 16, 2015
3. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of September
16, 2015
F. UNFINISHED BUSINESS – None.
G. NEW BUSINESS
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October 7, 2015
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. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR 10/21.
*Ordinance No. 2858-2015 – Reappropriating State Grant Funds and Funds
Previously Transferred from the General Fund in the Senior Center
Improvements, New City Shop, and Municipal Roadway Improvements Capital
Project Funds to the City Hall Improvements Capital Project Fund.
4. DIRECTION WAS PROVIDED TO CITY MANAGER TO DEVELOP A
POLICY BY 1/20/16. Action/Approval – Providing Direction to the City
Manager to Draft a Policy for the Sale of Airport Fund and General Fund Lands
for Council Consideration.
5. DRAFT ORDINANCE WAS REFERRED TO THE PLANNING & ZONING
COMMISSION. Action/Approval – Refer a Draft Ordinance Enacting KMC
Chapter 12.50-Abandoned Mobile Homes, to Promote Public Peace, Health,
Safety and Welfare through the Regulation of Abandoned Mobile Homes
Including Provisions for Abatement and Penalties to the Planning and Zoning
Commission for Review and Recommendation.
6. A WORK SESSION WAS SCHEDULED FOR 10/27/2015 AT 6PM.
Discussion – Schedule a W ork Session to Review the 2015 Personal Use
Fishery Report.
7. A WORK SESSION WAS SCHEDULED FOR 12/01/2015 AT 6PM.
Discussion – Implementation Timeline of the State’s Marijuana Laws.
H. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Parks and Recreation Commission
a. Event Park Sub-Committee
5. Planning and Zoning Commission
6. Beautification Committee
7. Mini-Grant Steering Committee
I. REPORT OF THE MAYOR
J. ADMINISTRATION REPORTS
1. City Manager
• Report on City Sales Tax Revenues
• Appraisal for ARK Properties
2. City Attorney
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October 7, 2015
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
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INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
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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