The URL can be used to link to this page

Home My WebLink AboutResolution No. 2020-68JC Sponsored by: Administration Kl;NAI C ITY OF KENAI RESOLUTION NO. 2020-68 A RESOLUTION OF THE CITY OF KENAI, ALASKA, DECLARING THE TEN-FOOT UTILITY EASEMENT ADJOINING THE SOUTHERN BOUNDARY OF LOT 4, EVENTYR SUBDIVISION (PLAT KN 83-1149) AND THE TEN-FOOT UTLITY EASEMENT EXCLUDING THE WEST TEN FEET ADJO INING THE NORTH BOUNDARY OF LOT 5 AND THE TEN-FOOT UTLITY EASEMENT ADJOINING THE NORTH AND EAST BOUNDARY OF LOT 6 EVENTYR SUBDIVISION NO . 2 (PLAT KN 86 -75) DEDICATED ON PLAT KN 83-1149 AND PLAT KN 86- 75 ARE NOT NEEDED FOR A PUBLIC PURPOSE AND CONSENTING TO THEIR VACATION . WHEREAS, on July 8, 2020, by Resolution No. PZ2020-18 the Kenai Planning and Zoning Commission recommended that the Kenai Peninsula Borough Planning Commission approve of the preliminary plat of Eventyr Subdivision Addition No. 3; and, WHEREAS , on August 10 , 2020 , the Kenai Pen insula Borough Plat Committee met and granted preliminary approval of the plat of Eventyr Subdivision Addition No. 3 consistent with the recommendation of the Kenai Planning and Zoning Commission; and , WHEREAS, the utility vacations shown on the preliminary plat of Eventyr Subdivision Addition No. 3 are scheduled for a public hearing before the Kenai Peninsula Borough Planning Commission on August 21, 2020; and, WHEREAS, the City of Kenai received a letter on August 7 , 2020 from the Kenai Peninsula Borough requesting comments on the proposed utility vacations shown on the preliminary plat of Eventyr Subdivision Addition No. 3; and , WHEREAS, the surveyor has provided a letter from GCI Communication Corporation (GCI) dated June 17, 2020 that GCI has no objection to the proposed vacation of the utility lines; and, WHEREAS, Kenai Municipal Code 22.05.110 -Determination as to need for public use, states City Council may vacate rights-of-way or easements by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA: Section 1. That the ten-foot utility easement adjoining the southern boundary of Lot 4, Eventyr Subdivision (Plat KN 83-1149) and the ten-foot utility easement excluding the west ten feet adjoining the north boundary of Lot 5 and the ten-foot utility easement adjoining the north and east boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75) dedicated by Plat KN 83-1149 and Plat KN 86-75 are not needed for a public purpose and consenting to their vacation . Section 2. That this resolution takes effect immediately upon adoption . Resolution No. 2020-68 Page 2 of 2 ADOPTED BY THE COUNCIL OF THE CITY OF KENAI , ALASKA, this 19th day of August, 2020. BRIAN GABRIEL, SR., MAYOR ATTEST: MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Elizabeth Appleby, City Planner DATE: August 11, 2020 SUBJECT: Resolution No. 2020-68 – Utility Easement Vacation in Eventyr Subdivision The City of Kenai Planning and Zoning Commission recommended approval of the preliminary plat of Eventyr Subdivision Addition No. 3 with Resolution No. PZ2020-18 at their meeting on July 8, 2020. The plat affects the parcels described as Lot 4, Eventyr Subdivison and Lots 5 and 6, Eventyr Subdivision No. 2 and reconfigures the three lots into two larger lots. Adjusting the lot lines will put the driveway to access the proposed Lot 4A on the same parcel as the residence it accesses. Adjusting the lot lines will also resolve a nonconformity by placing the detached garage on the same parcel as the residence on the proposed Lot 5A; having the garage on a separate parcel without a primary structure is not allowed by Kenai Municipal Code. The preliminary plat dedicates a ten-foot (10’) utility easement adjacent to the rights-of-way of Colonial Drive and Lawton Drive. The preliminary plat also vacates the utility easements along the southern ten feet (10’) of Lot 4, Eventyr Subdivision, the northern ten feet (10’) of Lots 5 and 6, Eventyr Subdivision No. 2, and the eastern ten feet (10’) of Lot 6, Eventyr Subdivision No. 2 that were dedicated on Plat KN 86-75 and Plat KN 83-149. The preliminary plat does not amend road rights-of-way. Kenai Municipal Code 22.05.110, Determination as to the need for public use the Kenai City Council may vacate rights-of-way or easements by resolution. If approved by the Kenai City Council, a copy of Resolution No. 2020-70 will be sent to the Kenai Peninsula Borough Planning Commission before their public hearing on the vacation petition on August 24, 2020. Attachments: • Notice from Kenai Peninsula Borough of Utility Easement Vacation • Preliminary Plat of Eventyr Subdivision Addition No. 3 • Maps (Aerial and Schematic) Charlie Pierce Borough Mayor Notice is hereby given that an application to vacate a utility easement in the City of Kenai was received on 7 /28/2020 by the Planning Department of the Kenai Peninsula Borough. In accordance with Chapter 20 of the Borough Code of Ordinances, all owners of properties within a 300-foot radius must be notified of the proposed vacation. According to Borough records, you are an owner of property within that radius or you are an affected party. A. Location: Vacate the 10 foot utility easement adjoining the southern boundary of Lot 4, Eventyr Subdivision (Plat KN 83-149), the 10 foot utility easement, excluding the west 10 feet, adjoining the north boundary of Lots 5, and the 10 foot utility easement adjoining the north and east boundary of Lot 6 Eventyr Subdivision No. 2 (Plat KN 86-75), granted by Eventyr Subdivision (Plat KN 83-149) and Eventyr Subdivision No. 2 (Plat KN 86-75); within SW1/4, Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, within the Kenai Peninsula Borough. KPB File 2020-079V B. Pur pose as stated in petition: Easement not used. Provides more useful area to lots. C. Petitioner(sl/Owner(s): Molly E. Hannigan and Christopher Johnson of Kenai, AK. The proposed utility easement vacation petition will be scheduled for the Planning Commission's meeting scheduled for Monday. August 24. 2020 at 7:30 p.m. Written comments may be submitted to Kenai Peninsula Borough Planning Department -144 N. Binkley Street -Soldotna, Alaska 99669. Written comments may also be submitted by email to Peggy Clements (PClements@kpb.us) or the Planning Department (planning@kpb.us). The Planning Department recommends that written comments be received by 1:00 P.M .• Friday. August 21. 2020. For additional information, contact Peggy Clements (PClements@kpb.us), Julie Hindman Ghindman@kpb.us) or Planning Department (planning@kpb.us), 907-714-2200 (1-800-478-4441 Toll Free within the Kenai Peninsula Borough). Fax number is 907-714-2378. Please be aware that due to the recent COVID-19 pandemic and based on CDC guidelines. the meeting will not be physically open to the public. Instructions are as follows: The meeting will remain open to the public and are invited to participate. The Planning Commissioners, along with staff members, will be attending via teleconferencing. The public will be able to listen or participate with the same methods. The meeting will be held through Mailed August 4, 2020 Date Page Two Zoom. To join the meeting from a computer visit https://zoom.usLil20842 59541. To attend the Zoom meeting by telephone call toll free 1-888-788-0099 or 1-877-853-5247. When calling in you will need the Meeting ID of 208 425 9541 . If you connect by computer and do not have speakers or a microphone, if wishing to comment, connect online and then select phone for audio. A box will come up with toll free numbers, the Meeting ID, and your participant number. Detailed instructions will be posted on the Planning Commission's webpage prior to the meeting. https://www.k p b.us /p lannin g -de pt/p lannin g -commission. If you have questions or experience technical difficulties, please contact the Planning Department at (907) 714-2200. Meeting materials may be found at https://www.k pb.us /p lannin g -dept/p lannin g -commission as well as any updates to meeting procedures. .3% Parcels 04515417, 04515420, and 04515421 108 Linwood Lane, 104 Linwood Lane, 1303 Lawton Drive Lot 4, Eventyr Subdivision, Lots 5 and 6 Eventyr Subdivision No. 2 04515420 04515417 04515421LINWOOD LNLAWTON DR COLONIAL DR TERESA ST.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial MapPreliminary Plat: Eventyr Subdivision No. 3 Date: July 2020 LEGEND Parcels Amended by Preliminary Plat 0 4020 Feet -I I I 1A1 I I I i-!.- : 2 Cl) I 1-B I I I <( -I Cl) i 3 ffi I I I 4-A I I 3 I 4 I I lj- .-I '-I 4-B I I I I ~ I--.-----r-------------------..---eet.:0NIAL:.-DR --t---------+-~ t---I I I - I I I I I I I I I z ..!.J 0 0 0 ~ z 1A 3 Pro pond UtUty Ea:sem.nt Ya cations c::: . -I .I I I .. ) () '--~ ~:z:z:z:zzt~~~~~---------~~-r-------~-1-~-1 W I ..!.J I () I ~ ~ Z I I ~ <( z .-- 1 ~ (:.) ..!.J ,__I ~ 6 ~ 1 0:: I ~ W I ~ C... I a..~ I 2 0 I (:.) 1---' : ~ \. ,I i I ____ .__ __ ____,, I ~ I I ----L--------------l:AWT0N·E>R --------L--·--------·------·------...J ____ _ - The information depicted hereon is for a graphical representation 0 only of best available sources. The Kenai Peninsula Borough 1 assumes no responsibility for any errors on this map. 150 300 600 I ' I ' I 0 I 3 500 1,000 2,000 Feet I I I I KPB 020..079V S3 4 TOIM R11 W KEMAt PClements, KPB Date: 7/30/2020