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HomeMy WebLinkAboutResolution No. PZ2017-35CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2017-35 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER AS AUTHORIZED BY KENAI MUNICIPAL CODE 14.20.230, FOR APPLICANT: Martina McCaughey PROPERTY ADDRESS: 701 Maple Drive, Kenai, Alaska 99611 LEGAL DESCRIPTION: Lot Three (3), Block O, Woodland Subdivision Part 2 KENAI PENINSULA BOROUGH PARCEL NO.: 043-290-06 WHEREAS, an application for Home Occupation Permit meeting the requirements of KMC 14.20.230 has been submitted and received on October 23, 2017; and, WHEREAS, the application affects land which is zoned Suburban Residential; and, WHEREAS, Kenai Municipal Code 14.20.230 details the intent and application process for Home Occupations and specifies the development requirements that must be met prior to issuing the Home Occupation Permit, which are as follows: (1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Applicant states that she will be the sole employee and that she has no plans to employ other individuals. (2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the Home Occupation. Applicant indicates that she plans to use the basement den and downstairs bathroom for the Day Care. According to the Kenai Peninsula Borough assessing records, the applicant's residence contains 2,472 square feet of gross floor space; thirty percent (30%) of said residence equals approximately 742 square feet. The area designated for the Day Care is in the downstairs and is approximately 598 square feet; therefore, the applicant meets this requirement. Resolution No. PZ2017-35 Page 2 of 2 (3) The Home Occupation shall be carried on wholly within the principal building, or other buildings, which are accessory thereto. Any building used for a Home Occupation shall be wholly enclosed. Applicant's resident will be the only building used for the Day Care; and WHEREAS, the applicant has demonstrated with plans and other documents that the development requirements of a Home Occupation Permit to operate a Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver have been met. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE APPLICANT HAS DEMONSTRATED THAT THE HOME OCCUPATION PERMIT TO OPERATE A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER MEETS THE DEVELOPMENT REQUIREMENTS OF SAID OPERATION AND; THEREFORE, THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE SAID PERMIT, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Applicant must comply with all Federal, State, and local regulations. 2. Pursuant to KMC 14.20.230(h)(1), the premises shall be inspected every other year by the Fire Marshal for the City of Kenai. Failure to comply with the Fire Code (KMC8.05) shall be grounds for the suspension or revocation of the facilities' home occupation permit. PASSED BY THE PLANNING AND ZONING COMMISSCITY OF KENAI, ALASKA, this 8th day of November, 2017. I, hairman '