HomeMy WebLinkAboutResolution No. PZ2017-03CITY OF KENAI
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RESOLUTION NO. PZ17-03
LA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
RECOMMENDING A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI,
CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE LEASE
OF CERTAIN CITY -OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
WHEREAS, on May 3, 1978, the City entered into a Lease of Airport Lands or Facilities with
YOSHI and RUTH SHIOHIRA for City -owned lands described as follows:
Lot Three (3), Block One (1), GUSTY SUBDIVISION, according to
the official plat thereof, filed under Plat No. K-1700, Records of the
Kenai Recording District, Third Judicial District, State of Alaska; and
WHEREAS , said Lease of Airport Lands or Facilities, hereinafter referred to as Lease, was
recorded in Book 125 at Pages 463 - 471, on May 30, 1978, in the Kenai Recording District, Third
Judicial District, State of Alaska; and,
WHEREAS, the Lease was assigned to Ronald S. Yamamoto and Cathrine Collette Yamamoto,
and recorded on December 27, 1978 in Book 137 at Page 459; and,
WHEREAS, the Lease was assigned to L & M Ventures, Inc., and recorded on December 8, 1998,
in Book 547 at Page 082; and,
WHEREAS, on September 3, 2015, L & M Ventures, Inc., Michael J. Lott, Natasha L. Lott, and
Nina L. Marion, Assignors, assigned their interest in the Lease to Judilee Forrest, Assignee, by
that certain Assignment of Lease, recorded on September 15, 2015, document number 2015-
008154-0; and,
WHEREAS, there have been six (6) Amendments of Lease to reflect renegotiated rental
payments; and,
WHEREAS, said Amendments to Lease were recorded on August 3, 1988, in Book 331 at Page
555; recorded on April 10, 1992, in Book 397 at Page 718; recorded on May 13, 1997, in Book
505 at Page 948; recorded on July 30, 2002, document number 2002-007063-0; recorded on
November 2, 2007, document number 2007-011711-0; and recorded May 18, 2012, document
number 2012-004622-0; and,
WHEREAS, an Amendment to Lease was recorded on January 14, 1998, in Book 549 at Pages
845 - 848, to amend the insurance requirements as set forth in the original Lease; and,
WHEREAS, on October 21, 2016, Ordinance 2923-2016 relocated the Airport Reserve Boundary
and the subject lot was removed from within the Airport Reserve Boundary; however, said parcel
is still designated as Airport Land; and,
WHEREAS, the original Lease stipulated that the purpose of the Lease was a restaurant; and
Resolution No. PZ17-03
Page 2 of 2
WHEREAS, the establishment located on the leased property is no longer being used as a
restaurant; therefore, the Lessee, Judilee Forrest, has requested that the Lease be amended to
reflect that the purpose is a retail business; and,
WHEREAS, pursuant to Kenai Municipal Code 21.15.070, no leased land may be changed in
use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed
by the Planning and Zoning Commission and approved by the City Council.
NOW, THEREFORE, BE IT RECOMMENDED TO THE COUNCIL OF THE CITY OF KENAI,
ALASKA, THAT A RESOLUTION TO THE COUNCIL OF THE CITY OF KENAI, BE APPROVED
OF CONSENTING TO AN AMENDMENT CHANGING THE PURPOSE SET FORTH IN THE
LEASE OF CERTAIN CITY -OWNED PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GUSTY
SUBDIVISION FROM RESTAURANT TO RETAIL BUSINESS.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of February, 2017.
CHAIRPERSO. , 6�irpersoC
Jeff Twair Cn
ATTEST:
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