HomeMy WebLinkAbout2017-07-12 Planning & Zoning Packet AGENDA
KENAI PLANNING & ZONING COMMISSION – REGULAR MEETING
July 12, 2017 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
210 FIDALGO AVENUE, KENAI, ALASKA
http://www.kenai.city
1. CALL TO ORDER:
a. Pledge of Allegiance
b Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences – Commissioner D. Fikes
*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: None
SCHEDULED PUBLIC COMMENT: None
3. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
4. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ17-24 - Application for an Encroachment Permit to recognize an encroachment
into the side yard setback for an existing garage. The garage was constructed
entirely into the fifteen foot (15’) side yard setback and onto the neighboring
property. The property is located at 1030 Angler Dr.; and further described as Lot
2, James H. Cowan Subdivision. The Application was submitted by Kathryn Staskon,
1030 Angler Dr., Kenai Alaska 99611 .................................................................. 1
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS:
a. Discussion / Recommendation – Lease Application of Airport Reserve Lands
between the City of Kenai and Hilcorp Alaska, LLC, for the properties described
as Lots 5 and 6, FBO Subdivision, for a term of 35 years.
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ...................................................................................................... 11
b. Borough Planning – None (next meeting is July 17, 2017)
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS:
a. Planning & Zoning Resolutions – Second Quarter 2017 .................................. 16
b. Building Permits – Second Quarter 2017 ......................................................... 17
c. Code Enforcement Report – Second Quarter 2017 .......................................... 19
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 26, 2017
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
STAFF REPORT
To: Planning & Zoning Commission
Date: July 12, 2017 Res: PZ17-24
GENERAL INFORMATION
Applicant: Kathryn Staskon
1030 Angler Dr.
Kenai, AK 99611
Requested Action: Encroachment Permit – Side Yard Setback
Legal Description: Lot 2, James H. Cowan Estates
Street Address: 1030 Angler Dr.
KPB Parcel No.: 04939054
Existing Zoning: RR – Rural Residential
Current Land Use: Residential - Garage
Land Use Plan: Low Density Residential
ANALYSIS
General Information:
The Planning & Zoning Commission granted the applicant Conditional Use
Permit PZ17-10 for the operation of a Commercial Marijuana Establishment
(CME) consisting of an approximately 500-square-foot Marijuana Cultivation
Facility, Limited. One of the conditions of approval for the Conditional Use
Permit is as follows:
Prior to operation of the Marijuana Cultivation Facility,
Limited, an Encroachment Permit for the existing detached
garage will need to be reviewed and approved by the
Planning Commission.
Kenai Municipal Code 14.24.020 - Development Requirements Table
provides that structures located with the Rural Residential Zone shall observe
a fifteen-foot (15’) side setback.
During the review of the application for the Conditional Use Permit for the
operation of an approximately 500 square-foot Marijuana Cultivation Facility,
Limited, it was discovered that the detached garage located on the premises
encroached into the building setback and crossed the property line between
Page 1 of 20
the Lots 1 and 2, James H. Cowan Estates. The detached garage is
approximately .05 feet over the property line between the two lots. An
Encroachment Permit must be granted to recognize the encroachment into
the side yard setback.
In addition to the Encroachment Permit, the applicant has applied for a
Building Permit to modify the existing structure to reduce the footprint of the
building, so that it no longer crosses the property line between Lot 1 and 2,
James H. Cowan Estates. After the building modifications, the existing
structure would be approximately one foot from the property line.
Kenai Municipal Code 14.20.185 details the definition, intent, and permit
application process for Encroachment Permits. Code also lists the review
criteria that should be considered by the Planning and Zoning Commission
when determining if a permit should be granted. The Commission must
establish that the following conditions exist before issuing an Encroachment
Permit:
• An encroachment as defined in KMC 14.20.185 (a) exists.
An encroachment is defined as any object or structure above or below
ground and constructed or located in a manner other than set forth in
the Development Requirements Table.
STAFF FINDINGS: The as-built survey, which was updated on June
9, 2017, discloses that the detached garage encroaches entirely into
the fifteen-foot (15’) building setback.
• The encroachment does not encroach upon a Federal, State or City
right-of-way or utility easement.
STAFF FINDINGS: The side yard setback does not front a Federal,
State, or City right-of-way. The utility easements are located within
the front ten feet (10’) of the property line adjacent to the right-of-way
for Angler Drive and not along the side yard property lines.
• The issuance of the encroachment permit will not authorize a use
which is a not a principal permitted use in the zoning district in which
the property is located.
STAFF FINDINGS: A primary residence with a detached garage is a
principal permitted use in the Rural Residential Zone. On May 24,
2017, the Planning and Zoning Commission granted a Conditional Use
Permit to operate an approximately 500 square foot Marijuana
Cultivation Facility, Limited, within the approximately 576 square foot
detached garage.
Page 2 of 20
• The encroachment is not located across a platted lot line.
STAFF FINDINGS: The encroachment, which exists, crosses the
property line between Lots 1 and 2, James H. Cowan Estates. The
applicant has applied for a Building Permit to make modifications to
the structure to reduce the footprint of the existing building so that it
will no longer cross the property line between the two lots.
Building Official Comments: A building permit has been issued to remove
and repair a portion of the building that currently extends over the property
line. The alteration to be completed has been reviewed to comply with the
currently adopted 2012 International Residential Code.
RECOMMENDATIONS
Planning and Zoning staff find that the applicant meets the criteria for
issuance of an Encroachment Permit as set forth in subsections (d)(1)
through (d)(4) of Kenai Municipal Code 14.20.185, and hereby recommends
that the Planning and Zoning Commission approve the Encroachment Permit,
subject to the following conditions:
a. Applicant must comply with all Federal, State and local regulations.
b. Applicant must complete the modifications to the structure to alleviate the
encroachment across the property line between Lots 1 and 2, James H.
Cowan Estates.
ATTACHMENTS
1. Resolution No. PZ17-24
2. Application
3. As-built Survey
4. Map
Page 3 of 20
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ17-24
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO:
NAME: KATHRYN STASKON
USE: ENCROACHMENT PERMIT – FOR EXISTING DETACHED GARAGE SIDE
YARD SETBACK
LOCATED: 1030 Angler Drive, Lot 2, James H. Cowan Estates
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04939054
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has been
submitted and received on June 16, 2017.
2. This request is on land zoned as Rural Residential (RR).
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the following specific requirements as set forth in Section 14.20.185
(d):
a. An encroachment as defined in KMC 14.20.185 (a) exists.
An encroachment is defined as any object or structure above or below
ground and constructed or located in a manner other than set forth in
the Development Requirements Table.
The as-built survey, which was updated on June 9, 2017, discloses that
the detached garage encroaches entirely into the fifteen-foot (15’)
building setback.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Page 4 of 20
b. The encroachment does not encroach upon a Federal, State or City
right-of-way or utility easement.
The side yard setback does not front a Federal, State, or City right-of-
way. The utility easements are located within the front ten feet (10’) of
the property line adjacent to the right-of-way for Angler Drive and not
along the side yard property lines.
c. The issuance of the encroachment permit will not authorize a use which
is a not a principal permitted use in the zoning district in which the
property is located.
A primary residence with a detached garage is a principal permitted use
in the Rural Residential Zone. On May 24, 2017, the Planning and
Zoning Commission granted a Conditional Use Permit to operate an
approximately 500 square foot Marijuana Cultivation Facility, Limited,
within the approximately 576 square foot detached garage.
d. The encroachment is not located across a platted lot line.
The encroachment, which exists, crosses the property line between Lots
1 and 2, James H. Cowan Estates. The applicant has applied for a
Building Permit to make modifications to the structure to reduce the
footprint of the existing building so that it will no longer cross the property
line between the two lots.
4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted
by the Commission on July 12, 2017.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA
FOR SAID PERMIT 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,
ALASK A, on July 12, 2017.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Jamie Heinz, Acting City Clerk
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170 '
Date: 5/19/2017
The information depicted hereon is for graphic representationonly of the best available sources. The City of Kenai assumes no responsibility for errors on this map.
1 inch equals 167 feet
Lot 2, James HCowan Subd.
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ACTION AGENDA
KENAI CITY COUNCIL – REGULAR MEETING
JULY 5, 2017 – 6:00 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. Johna Beech, Kenai Visitor and Cultural Center – First Quarter 2017
Statistics Report.
2. U.S. Army Corps of Engineers – Alaska District – Kenai Bluffs Bank
Stabilization Project. [Clerk’s Note: Twenty minutes have been requested for
this presentation.]
C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3)
minutes per speaker; thirty (30) minutes aggregated)
D. PUBLIC HEARINGS
1. POSTPONED TO 8/2. Ordinance No. 2968-2017 – Appropriating General
Fund Balance Funds into General Fund Land Administration-Lands Fund for
the Purchase by the City of Kenai’s General Fund of Airport Property Outside
the Airport Reserve Constituting Approximately 16.49 Acres of Real Property
Described as S1/2 S1/2 SW1/4, Section 33,T6N, R11W, Seward Meridian,
Commonly Referred to as ‘Lawton Acres’ and Deed Restricting the Future Use
Of the Property to Parks and Recreational Uses to be Retained by the City for
a Public Purpose.
[Clerk’s Note: This item was postponed to this meeting from the June 21
meeting for a second public hearing and Airport Commission review and
recommendation on July 13. A motion to enact is on the floor.]
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2. POSTPONED TO 8/2. Ordinance No. 2969-2017 – Amending Kenai
Municipal Code Title 24 – Municipal Cemetery, to Update Procedures for
Development of Cemetery Regulations and Opening and Closing of Graves,
and to Provide Regulations in the Cemetery Regulations Appendix for
Columbarium Niches, Marker or Headstone Deposits, and Other
Housekeeping Changes.
3. ENACTED UNANIMOUSLY. Ordinance No. 2970-2017 – Increasing Fiscal
Year 2017, General Fund, Airport Fund, Water & Sewer Fund, Personal Use
Fishery Fund, and Congregate Housing Fund Estimated Revenues And
Appropriations For The Transfer Of Funds To Establish The New Employee
Health Care Internal Service Fund Which Shall Be Utilized For Administering
Employee Health Care Beginning In Fiscal Year 2018, July 1, 2017.
4. ADOPTED UNANIMOUSLY. Resolution No. 2017-42 – Authorizing
Extension of a Professional Services Agreement With BDO USA, LLP for
Completion of the City’s Fiscal Year 2017 Annual Financial Statement Audit.
5. POSTPONED TO 8/2. Resolution No. 2017-43 – Amending its
Comprehensive Schedule of Rates, Charges, and Fees to Incorporate
Changes to Cemetery Fees.
6. ADOPTED UNANIMOUSLY. Resolution No. 2017-44 – Authorizing the
Purchase of Real Property Described as Lot 4, Block 20, Original Townsite of
Kenai, Located within Section 5, Township 5 North, Range 11 West, Seward
Meridian, from Mew Trust, for the Public Purpose of Including the Property in
the Bluff Erosion Restoration Project and Determining that Public Interest will
not be Served by an Appraisal.
7. ADOPTED UNANIMOUSLY. Resolution No. 2017-45 – Consenting to a
Renewal of Lease of Certain Airport Lands within the Airport Reserve between
the City Of Kenai, Lessor, and Dewayne Benton, Lessee, on Property
Described as Lot 3, Block 4, General Aviation Apron Number One.
8. ADOPTED UNANIMOUSLY. Resolution No. 2017-46 – Awarding an
Agreement to Peninsula Pumping, Inc. for Providing and Servicing Portable
Restrooms and Dumpsters on the North and South Kenai Beaches, Including
Portable Restrooms at the City Dock, During the 2017 Personal Use Fishery.
9. ADOPTED UNANIMOUSLY. Resolution No. 2017-47 - Awarding an
Agreement to Alaska Waste – Kenai Division, LLC for Providing and Servicing
Road Accessible Dumpsters at the End of South Spruce Street, Kenai Little
League Parking Lot and Kenai City Dock during the 2017 Personal Use
Fishery.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of June 21, 2017
F. UNFINISHED BUSINESS – None.
Page 12 of 20
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval – Bills to be
Ratified.
2. REMOVED FROM THE AGENDA. *Action/Approval – Purchase Orders
Exceeding $15,000.
3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 8/2/2017.
*Ordinance No. 2971-2017 – Amending Kenai Municipal Code Section
1.15.060 - Motions, to Provide for Deferring a Motion or Agenda Item Beyond
the Next Meeting.
4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING 8/2/2017.
*Ordinance No. 2972-2017 – Appropriating Funds in the Airport Fund,
Accepting a Grant from the Federal Aviation Administration and Appropriating
Funds in the Airport Equipment Capital Project Fund for the Purchase of Snow
Removal Equipment (SRE) – Loader with Attachments and a Multi-Purpose
Broom.
5. APPROVED UNANIMOUSLY. Action/Approval – Special Use Permit for
Jennifer Ellis for Conducting Outdoor Zumba Classes at the Softball Green
Strip.
6. APPROVED UNANIMOUSLY. Action/Approval – Authorization to Extend a
Facility Management Services Agreement at the Kenai Recreational Center
Facility.
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)
Page 13 of 20
2. Council Comments
L. EXECUTIVE SESSION
1. FINALISTS NAMED; INTERVIEWS SET FOR 08/11/17. Review and
Discussion of Interview Questions, Interview Dates, and Applications
Submitted for the City Clerk Position. [AS 44.62.310(C)(2)(3) a Subject that
Tends to Prejudice the Reputation and Character of an Applicant and Matters
which by Law, Municipal Charter, or Ordinance are Required to be
Confidential.]
M. PENDING ITEMS – None.
N. ADJOURNMENT
****************************************************************************************************
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Kenaitze Indian Tribe Correspondence
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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