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HomeMy WebLinkAboutResolution No. PZ2015-26M "' I/'��age wt h a Past, Ci� with a Future 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us i - ✓ Orr �'��+� °SUBSTITUTE CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -26 CONDITIONAL USE PERMIT // A RESOLUTION OF THE PLANNING AND ZONING COMMISSION,F}F 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: 11074th Avenue, Kenai, AK 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 hasp 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: i 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 intendeflo separate residential structures to an extent which will allow for adequate light, air, a�n{ 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)). As described above, any person or entity engaging in prohibited conduct which would include refusing to make Reasonable Accommodations under 42 U.S.0 § 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 Sunoort 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 w 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, filly 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 4rh 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. 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 fert ilizer 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. 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 within six months. 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 the 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 ciiDono-r 311.1-4 4u UUU OWUAKt FEET MEETS THE DI CONTIONS 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