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Home My WebLink AboutResolution No. PZ2019-39tliultyef, KENAI, AlASKA "V/ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2019-39 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A HOME OCCUPATION PERMIT FOR A DAY CARE OF NO MORE THAN EIGHT (8) CHILDREN UNDER THE AGE OF TWELVE (12), INCLUDING CHILDREN RELATED TO THE CAREGIVER GUNSMITHING AT 604 LAUREL DRIVE APPLICANT : Mindy Dalebout PROPERTY OWNER: Carl Dalebout PROPERTY ADDRESS: 604 Laurel Drive, Kenai, Alaska 99611 LEGAL DESCRIPTION : Lot 11, Block J, Woodland Subd ivision Part 1 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04325038 WHEREAS , a complete application meeting the requireme nts of Kenai Mun ici pal Code 14.20.230(e)-Home Occupations-Permit Application was subm itted to the City on September 5, 2019; and, WHEREAS, the applicant meets the intent of the Home Occupations chapter specifie d under Kenai Municipal Code 14.20.230(a)-Home Occupations-Intent, as her proposed day care will be an accessory use so located and conducted that the average neighbor would not be aware of its existence under normal circumstances; and, WHEREAS, a day care of no more than eight (8) children under the age of twelve (12 ), including chi ldre n related to the ca regi ve r , is a permitted use with a Home Occupation Permit under 14.20.2 30(b )-Home Occupations-Uses Permitted; and, WHEREAS, the applicant ha s demonstrated with plans and other documents that she meets the development require me nt 14.20.230( d)( 1) for a Home Occu pational Pe rm it to have not more than one (1) person outside the family be employed in the home occupation ; and, WHEREAS , the applicant has demonstrated with plans and other documents that she mee ts the development requirement 14.20 .230( d}(2) for a Home Occupational Pe rmit to use no more tha n thirty percent (30%) of the g ross floor area of all buildings on t he lot for the home occupation; and , WHEREAS , the applicant has demonstrated with plans an d other docum ents that she meets the development require ment 14.20 .230( d)(3) for a Home Occupa tional Permit to carry on the home occupation wholly within an enclosed principal building ; and, NOW , THEREFORE , BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI , ALASKA : Resolution No. PZ2019-39 Page 2 of 2 Section 1. That a Home Occupation Permit is granted to Mindy Dalebout for a day care of no more than eight (8) childrend under the age of twelve (12), including children related to the caregiver, at 604 Laurel Drive . Section 2 . That the Home Occupation Permit is subject to the following conditions : 1. Applicant must comply with all federal , State of Alaska , and local regulations . 2 . The City of Kenai Fire Marshal must perform an inspection to verify that the applicant has complied with his requirements set forth on the inspection dated August 22, 2019 ; including, but not limited to , the installation of egress windows . The applicant may not operate her business until this has been done . 3. The applicant will discuss plans for the egress windows with the City Building Official, and if necessary will obtain a Building Permit from the City to install the egress windows. 4 . 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. 5 . A copy of the license issued by the State of Alaska for day care facilities must be submitted to the City of Kenai prior to operating the day care . 6 . Pursuant to KMC 14.20 .230(f), th is Home Occupation Permit is not transferable to another person or location . 7. If the applicant decides to put up a sign for her business, she will first obtain a sign permit from the City. 8 . Failure to provide documentation to the City of meeting these conditions prior to operation of the day care business shall be grounds for the suspension or revocation of the Home Occupation Permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th day of September, 2019. AIT, CHAIRPERSON ATTEST: STAFF REPORT To: Planning & Zoning Commission From: Elizabeth Appleby, City Planner Date: September 19, 2019 Subject: Resolution PZ2019-39 – Home Occupation Permit – Day Care Applicant: Mindy Dalebout 604 Laurel Drive Kenai, AK 99611 Property Owner: Carl Dalebout 604 Laurel Drive Kenai, AK 99611 Requested Action: Home Occupation Permit – Day Care of no more than eight (8) children under the age of twelve (12), including children related to the caregiver Legal Description: Lot 11, Block J, Woodland Subdivision Part 1 Property Address: 604 Laurel Drive KPB Parcel Number: 04325038 Lot Size: 16,988 square feet (0.39 acres) lot size 552 square feet of the 2,288 square foot home to be used for the daycare (approx. 24% of the home) Existing Zoning: Suburban Residential (RS) Current Land Use: Residential – Single Family Dwelling Land Use Plan: Suburban Residential (SR) PZ2019-37 Staff Report Page 2 GENERAL INFORMATION The City has received an application for a Home Occupation Permit to operate a day care within her residence of no more than eight (8) children under the age of twelve (12), including children related to the caregiver. The applicant’s business name is Little Ducklings Daycare. The subject parcel is located in the Suburban Residential (RS) Zone of the City of Kenai. Kenai Municipal Code (KMC) 14.20.320-Definitions gives the following definition of a home occupation: “Home occupation” means an accessory use carried out for remuneration by a resident in the resident’s dwelling unit. A day care of no more than eight (8) children under the age twelve (12), including children related to the caregiver, is a permitted use for a home occupation under KMC 14.20.230(b)-Home Occupations-Uses Permitted. Application KMC 14.20.230(e)-Home Occupations-Permit Application details application requirements for home occupation permits. City staff deemed the application to be complete. Public Notice, Public Comment KMC 14.20.230(e)(4) states notice of the consideration by the Planning and Zoning Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. City staff published in the Peninsula Clarion more than two (2) days prior to the Planning and Zoning Commission meeting considering the home occupation permit. No public comments have been submitted to the City about the application as of September 19, 2019. ANALYSIS Kenai Municipal Code 14.20.230(a)(b)-Home Occupations-Intent, Uses Permitted KMC 14.20.230(a)-Home Occupations-Intent states that the intent of this chapter is to permit home occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation use would be conducted such that the average neighbor under normal circumstances would not be aware of the use other than a permitted sign. Home occupations are permitted accessory uses so long as all the development requirements listed in this section are observed. The proposed day care meets the intent of City Code for home occupations because it would be an accessory use of the applicant’s residence and the average neighbor would not be aware of the use. Parking is available in applicant’s driveway for parents to drop-off and pick-up children. KMC 12.20.230(b)(2) limits the number of children care for in home occupations for day care to no more than eight (8) children under age twelve (12), including children related to the caregiver. The applicant meets this limitation for her proposed home occupation. Kenai Municipal Code 14.20.230(d)-Home Occupations-Development Requirements Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home Occupation, as follow: PZ2019-37 Staff Report Page 3 •KMC 14.20.230(d)(1) Not more than one (1) person outside the family shall be employed in the Home Occupation. Requirement Met: The applicant states that she will be the sole employee and she has no plans to employ other individuals at this time. The applicant meets this development requirement. •KMC 14.20.230(d)(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. Requirement Met: The applicants indicates that she plans to use a portion of the lower level of the residence for the day care, including a room, hallway, and bathroom as shown on the site plan. According to the Kenai Peninsula Borough assessing records, the applicant’s residence contains 2,288 square feet of gross floor space. Thirty percent (30%) would be 686 square feet. The rooms proposed to be used for the day care on the lower level of the residence total approximately 552 square feet of the 2,288 square-foot home, which is approximately twenty-four percent (24%) of the gross floor area. The applicant meets this development requirement. •KMC 14.20.230(d)(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. Requirement Met: The applicant’s house will be the only building used for the day care. The applicant meets this development requirement. Kenai Municipal Code 14.20.230(h)-Home Occupations-Fire Code Inspections Day care facilities shall be inspected by the Fire Marshal prior to approval of the permit and every other year thereafter. The Planning and Zoning Commission’s approval of the Home Occupation Permit will permit the use; however, the applicant may not operate her business until she has full approval from the Fire Marshal. Conditions for meeting Fire Code and inspections given as conditions for the approval of the Home Occupation Permit. The proposed Day Care facility was inspected by Fire Marshal Jeremy Hamilton on August 22, 2019, pursuant to KMC 14.20.230(h)(1) and the applicant has submitted a copy of the notes from this inspection with her Home Occupation Permit application. The Fire Marshal found that the windows in the area where the daycare will be located do not open wide enough to be considered egress windows. The applicant has been advised that egress windows will need to be installed and a second inspection must be performed by the Fire Marshal before she may operate her day care business. The Building Official, Michael Wesson, has indicated that a building permit may be necessary for the installation of the new egress windows; however, he will not be able to determine if a Building Permit is necessary until the applicant presents him with a plan for the installation of the egress windows. PZ2019-37 Staff Report Page 4 RECOMMENDATIONS City staff finds that the applicant meets the intent, uses permitted, and development requirements for a Home Occupation Permit as outlined under KMC 14.20.230-Home Occupations. City staff recommend that the Planning and Zoning Commission approve the Home Occupation Permit application, subject to the following conditions: 1.Applicant must comply with all federal, State of Alaska, and local regulations. 2.The City of Kenai Fire Marshal must perform an inspection to verify that the applicant has complied with his requirements set forth on the inspection dated August 22, 2019; including, but not limited to, the installation of egress windows. The applicant may not operate her business until this has been done. 3.The applicant will discuss plans for the egress windows with the City Building Official, and if necessary will obtain a Building Permit from the City to install the egress windows. 4.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. 5.A copy of the license issued by the State of Alaska for day care facilities must be submitted to the City of Kenai prior to operating the day care. 6.Pursuant to KMC 14.20.230(f), this Home Occupation Permit is not transferable to another person or location. 7.If the applicant decides to put up a sign for her business, she will first obtain a sign permit from the City. 8.Failure to provide documentation to the City of meeting these conditions prior to operation of the day care business shall be grounds for the suspension or revocation of the Home Occupation Permit. ATTACHMENTS A. Resolution No. PZ2019-39 B. Application C. Maps D. Site Plan E. Business License F. Fire Inspection RECEIVED APPLICATror FOR CITY OF KENAI HOMEOCCUPA ION PERMIT DATECf-5 -l~ KMC 14 ·~ 0-fil'A NNING DEPARTMENT OWNER PETITIONER REPRESENTATIVE IF ANY Name: Email: Home Occupation Requested For: ( escribe the project, and use additional sheets if necessary) :L ~Y'°""' r~vtS~il\'\ .\-u 5.\-c ...... ~ ~ i"' "°'"'"""IL 0-C\.'-\ C,C..,((_ D~ Y\o mo<"L ~~~ e_\~~\-(.%"'\ c.:·~.,;\~l""e.~ Uf"lrA<&\"" i\.-Q. CA~'C,v<l. (_$.) C.A' ~~~~. . . . /\Jo\ rrior~ *"'C<""\ or-ie... Li\ ~r~cv-. 0lft.:,1k +""'e.. '7c..('("\\~ 1-c\\ 'o.:. e..,~?\~ \ f\ ~(.. \.\of't'.~ 0C1.J.)t>c...\ tu"". . \~Q... (_""',\~ '<e('\ ~e.\--Lv1 \ \ 'cc \)("'ov\~e.~ 0..c.':_) CL.r-l.. \"'""\ i~t.. 'no~e_ \.vi\\ 'ne. \ {\ \-\...e.. C...0f~ <;,T,~ ~ we-o<~ vp .\-t, ~,vt.. lS) ~c-<s v\: ~~ Acreage: 0 , h °' DOCUMENTATION Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage KPB Tax Compliance (if applicable) State Business License (if applicable) AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a home occupation permit in conformance with Title 14 of the Kenai Municipal Code. I understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative reasons . I understand that a site visit may be required to process this application . City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. I~ 7/17/2 013 Page 1of3 HOME OCCUPATION STANDARD CKMC 14.20 .230) Home Occupations specifies that a permit is required for operating a business out of a home. Home Occupations are considered an accessory use and conducted so that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. 1 . Permitted Use: (describe business) (? 12...r\'Y"\ ·, \ \) St<.. + o o f)U\ ~ \ V"\ 'no m e... Q. a :'.) C..o. r(_ () '"' fl o More... \-"1 e-"" e_\~\\ \-l ~) c_"''.\~ t e,'"' / 2.Must Meet Development Requirements: a. Not more than one (1) person outside the fam ily shall be employed : f\Jo '\Y"\:J ('Q... \.-""c.t\ O"lt. li.) \)<2-r~(;>I'"\ OUtb1Je.., -~e... tcM1\~, M~~C c..~ \Jcr.:6i'ol(_ Sub \"<\v~ Lvt>,$ i"' cAc..~ c.c,.,re. b . No more than thirty percent (30%) of the gross floor area o f all bu ilding on t he lot shall be used for the Home Occupation : \={)r \"'-~DIV\\?., ~O:') ~r L Wt. Cr,.{e.., lJ ':J~ri~ \t-SS ~~("\ _\.h:r~ $~n:12,"\_. l7D~Jl of-.U..-.0 C6roS~ Y\oor CA.rev-. c . The Home Occupation shall be carried on wholly w ith in the principal building, or other buildings which are accessory thereto. Any building u sed for a Home Occupat ion shall be wholly enclosed. "\'-'e.... \-.\0 cne.. Oc...(..v~u\101'"\ w\\ \ (7<\\:J be. i f)~)1cAt m~ S\<\<de.... (v.,<V\\\~ "'off\t. 3. Fire Code Inspection Day ca re facilities shall be inspected by the Fire marshal for compliance w it h t he fi re code (KMC 8.05) prior to approval of the permit. Thereafter , they shall be inspected every other year by the Fire marshal. Failure to comply with the fire code (KMC 8.05) shall be g rou nds fo r the suspension or revocation of the facilities ' home occ upation permit. Residences whic h are the subject of a home occupation permit a pp lication (o ther than day ca re facilities) may be required to be inspected by the Fire Marshal for compl ia nce with the fire code (KMC 8.05) prior to approval of the permit , if the Fire Marshal determines it is necessary for pu blic safety. 7/17/201 3 Pa ge 2 of 3 4.The Followin~ Uses Are Prohibited: • Commercial auto and boat repair. • Commercial kennels or similar uses. • Convalescent homes for the care of more than two (2) patients . • Mortuaries. • Private schools with organized classes. • Real estate office. • Restaurants . LAND USE Describe current use of property covered by this applicati on: Surround in North: Sir\ South: s If\ East: West: Si"', 7/17/201 3 ~J ~ w land adjacent to the property is currently being used) Page 3 of 3 FOURTH AVE FIFTH AVE N FOREST DRBIRCH STEVERGREEN STREDOUBT AVE KENAI SPUR HWYN GILL STFIRST AVE SECOND AVEHALLER STPINE AVE MAPLE DRMCKINLEY STCEDAR DRFLOATPLANE RDASH AVEN SPRUCE STWALNUT AVETHIRD AVE FIR DRCHERYL STHAIDA DRCYPRESS DRALDER AVESYCAMORE STLAUREL DRJEFFERSON STASPEN STGRANT PLPOPLAR CIRCINDY LNFIRST AVE SECOND AVE FIFTH AVE Date: 9/17/2019 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. 604 Laurel Drive04325038Lot 11, Block JWoodland SubdivisionPart 1 Map for PZ2019-39(1:10,00 Scale). 0 1,000500 Feet ASH AVELAUREL DRDate: 9/17/2019 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. 604 Laurel Drive04325038Lot 11, Block JWoodland SubdivisionPart 1 Map for PZ2019-39(1:400 Scale). 0 4020 Feet _!;) ,.... -.9 .. ~·· ~ ./ 0 c :'J _, (' ;~ ::r.-g ) 3 \\ c.c 0 5 ~) C ' /1 ___c < L5 Ul ,.;J c 0 c \> U' 3 r c _,., 11 (D 'V ~ ~ ll -l) p Q ,. >-' G 0 "J G"' - , __ ' Q_) c :::> [J' n_ ~ ;- -r1 (jl -~-Q ~--G \.5 I I -- I 0 - <: ) ..--· ' :5 (_/' CY -p 'JO 0 0 (! <I J 3 -y:::. --. -J - 9- ~ 5> \ci\ I V'. fl .... [ cY " I I 11 D!; I I ~ CP p I s;.. <.r> I ) -f (, \ obt~ ;i:; ;' C..\o~Q..~ 0 "71 (]" -3 0 \ ~ \..\' -s 0 .. c ($)~€.,. (_ \()$€_.\ CI ::.) 3 9 U' ~ g-_J _D ($ ""\ J 9--~ w ;}-....,.1 9-· 0 c -j.) 3 ... J)~ 0 0 1 ..I Alaska Business License# 2088094 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 This is to certify that Little Ducklings Daycare 604 Laurel Dr., Kenai, AK 99611 owned by M indy Renee Dalebout is licensed by the department to conduct business for the period May 31, 2019 to December 31, 2019 for the following line(s) of business: 62 -Health Care and Social Assistance This license shall not be taken as permission to do business in the state without having complied with the other requirements of the laws of the State or of the United States. This license must be posted in a conspicuous place at the business location. It is not transferable or assignable. Julie Anderson Commissioner Full Inspection Report Facility Information Occupant Name: Little Ducklings Daycare Street Number: 604 Inspection Date: 8/22/2019 Street Name: Laurel City: Kenai Postal Code: 99611 Street Type: Drive State: AK Inspector: Hamilton, Jeremiah Inspection rype: Inspection -General F&LS Contact First Name: Mindy Last Name: Dalebout Work Phone: 907-395-0336 Cell Phone: 315-955-4439 Email: Happy198152@gmail.com Violations Violations No Violations Found On Inspection Violation Count: Inspection Information Notes: This letter is only for direction not my approval for the Daycare. Another inspection will need to be done once all the paperwork for the license to the State is processed and they request an in spection from me. As well, the paperwork with the City has to be taken care of. Here are my findings from my inspection today. You gave me an overview of your plans for the daycare. You said you were hoping to have 8 pre- schoolers aged from 2 weeks to 5 years old. You showed me the area downstairs that would be the daycare. It was a common room with a bank of windows on one side, th at were not egress windows, a door on the other side of the room that led to the garage. Code specifies that there needs to be an egress directly to the outside. The windows do not open enough to be egress windows. You will also need to measure the height of the window sill. If it's higher then 44" a step will nee d to be added. The ga rage door would require moving into another space before you made it to the outside. The hallway that leads to this room holds the bathroom for the daycare as well as the stairs tha t lead to the main door at the landing. You said that the only food that would be provided would be breakfast an d a snack and you would not be cooking meals for them in the kitchen. T he smoke detector located outside the bathroom downstai rs was from 2003 and needs to be replaced. Suggest moving it away from the bathroom to the end of the hall near the daycare area. Upstairs the smoke detector outside the sleeping area is old and needs to be replaced, and the one in the bedroom needs the battery replaced . There were CO detectors located on each floor. There was a fire extinguisher located in the daycare room. You need to come up with an emergency evacuation plan. Has occupancy No changed since last inspection: Page 1 of 1