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HomeMy WebLinkAboutResolution No. PZ2019-07thee;ty,,f, KENAI, ALASKA "V" CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-07 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTINGA CONDITIONAL USE PERMIT FOR THE USE OF A BED AND BREAKFAST ESTABLISHMENT AND GUIDE SERVICE AT 1555 ANGLER DRIVE APPLICANT: EVAN AND KATHY HARDING PROPERTY ADDRESS: 1555 ANGLER DRIVE LEGAL DESCRIPTION: LOT 31, BLOCK 1, ANGLERS ACRES SUBDIVISION PART 2 KENAI PENINSULA BOROUGH PARCEL NO: 04939017 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on February 11, 2019; and, WHEREAS, the application affects land zoned as Rural Residential; and, WHEREAS, the applicant has demonstrated with plans and other documents that the requirements of a bed and breakfast establishment under Kenai Municipal Code 14.20.321 are met; and, WHEREAS, the applicant has demonstrated with plans and other documents that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and , WHEREAS , the applicant has agreed to conditions of the conditional use permit that w ill protect public safety health , and welfare , follow the intent of the Rural Residential Zone, and follow City requirements of the conditional use permits and bed and breakfast establ ishments. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the applicant meets the conditions required for a conditional use perm it fo r the use of bed and breakfast and guide establishment service based on the following fi ndings: a) Pursuant to Kenai Municipal Code 14.20 .150( d)( 1 ), the use is consistent with the purpose of this chapter and the purposes and intent of the Rural Residential Zone and would not generate heavy traffic or violate the residential character of the environment. b} Pursuant to Kenai Municipal Code 14.20.150(d}(2), the value of the adjo ining property and neighborhood will not be significantly impaired and similar businesses exist in the neighborhood. Resolution No . PZ2019-07 Page 2 of 3 c) Pursuant to Kenai Municipal Code 14.20.150(d)(3), the proposed use is in harmony with the Comprehensive Plan and supports objectives to capitalize on the tourism industry. d) Pursuant, to Kenai Municipal Code 14.20.150(d)(4), the well and septic and other utilities are appropriate to support the use as shown in Alaska Department of Environmental Conservation documentation provided by the applicant. e) Pursuant to Kenai Municipal Code 14.20.150(d)(5), the proposed use will not be harmful to the public safety, health or welfare . A bed and breakfast and gu ide service was previously operated at this location without ad verse impacts to public safety, health, or welfare. f) Pursuant to Kenai Municipal Code 14.20.250, the proposed use meets requirements for off-street parking, with parking for three spaces located south of the driveway. g) Pursuant to Kenai Municipal Code 14.20.321 , the proposed use meets requirements for bed and breakfast establishments as the dwelling to be rented will be owner- occupied , not employ anyone outside of the family, and will rent out no more than 30% of the total floor area. Section 2. That the conditional use permit is subject to the following conditions: a) Applicant must comply with all federal , State of Alaska, and local regulations. b) A fire inspection must be completed by the City of Kenai Fire Marshal for compliance with the Fire Code prior to renting out of the rooms as described in this co nd itiona l use permit to comply with Kenai Municipal Code 14.20.431(d). c) After the initial fire inspection prior to operating in 2019, biennial fire inspections must be completed by the Fire Marshal for the City of Kenai , pursuant to Kenai Municipa l Code 14.20 .3 21(d), starting in 2021 . d) Applicant will file an annual report for the Conditiona l Use Permit as set forth in Kenai Municipal Code 14.20.150(f) prior to the 31st day of December of each year. e) No more than three (3) boats shall be operated from or stored at this location, w hich follows precedent established by conditions on s i mila r permits in the neighborhood to limit potential impacts from noise and traffic in the Rural Residentia l Zone . f) Pursuant to Kenai Municipal Code 14.20 .1 50(i)(2), th is permit shall expire automatically upon termination or interruption of the use for a period of at least o ne year. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI , ALASKA , this 13th day of March, 2019 . Resolution No . PZ2019-07 Page 3 of 3 ATTEST: JA