HomeMy WebLinkAboutResolution No. PZ2021-17APPROVAL OF RESOLUTION PZ2021-17 BY
PLANNING AND ZONING COMMISSION
UPHELD BY BOARD OF ADJUSTMENTS DECISION
AUGUST 19, 2021
CASE NO. BA-21-02
Kr;NAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION
GRANTING A CONDITIONAL USE PERMIT FOR LODGING.
APPLICANT: Dean Michael Schlehofer
PROPERTY ADDRESS: 345 Dolchok Lane
THE CITY OF KENAI
LEGAL DESCRIPTION: Lot 4, Block 4, Basin V' w Subdivision Part 3
KENAI PENINSULA BOROUGH PARCEL
WHEREAS, a complete application meeting the e quirements of Kenai Municipal Code 14.20.150
was submitted to the City on April 15, 2021; a a,
WHEREAS, the applicant has demon rated with plans and other documents that the
prerequisites of a Conditional Use Pe[ it have been met pursuant to Kenai Municipal Code
14.20.150; and,
WHEREAS, the City of Kenai Pl ning and Zoning Commission conducted a duly advertised
public hearing on May 6, 20 , following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings d notifications.
WHEREAS, the Planning a d Zoning Commission finds:
1. KMC 14.20.150 fJ)(1) The use is consistent with the purpose of this chapter and the
purposes and · tent of the zoning district;
Criteria M : The proposed guide service and lodging meets the intent of the Rural
Reside n · I Zone (RR) to provide for low density residential development in outlying and
rural as in a form which creates a stable and attractive residential environment. The
speci ic intent in establishing this zone is :
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2021-17
Page 2 of 4
The guide services and lodging are proposed to take place in an existing single family
home, there are no proposed physical changes that would violate the residential character
of the neighborhood. The maximum capacity of four bedrooms for lodging is not
anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the
same number of vehicle trips as other single family homes in the neighborhood. The KMC
14.22 Land Use Table provides that Guide Services and Lodging are a conditional use;
therefore, a conditional use permit must be granted for the operation of these services.
The applicant has provided illustrations of the layout of the property and floor
plans/elevations of the single family home.
2. KMC 14.20.150(d)(2) The value of the adjoining properly and neighborhood will not be
significantly impaired;
Criteria Met; This parcel is approximately 1.94 acres in size and contains a large paved
driveway in the front of the residence to accommodate parking of guest vehicles. The
aerial photo provided by the applicant indicates that the distances between the structures
and the tree line provides a natural buffer between the properties . The parcels located to
the North, South, East and West are zoned rural residential and have similar single family
residential uses as the subject property. The value of adjacent properties should not be
significantly impacted by the addition of guide services and lodging uses, the physical
characteristics of the property remain unchanged.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met; The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. Goal 2 of the
Comprehensive Plan is to provide economic development to support the fiscal health of
Kenai. The tourism industry is an important component for economic development within
the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging
businesses support the tourism industry. Low-density residential land uses typically
include single-family low-density, large lots with individual on-site water supply and
wastewater disposal systems.
Below are specific goals/objectives from the Comprehensive Plan that support this CUP
application:
• ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met; City water and sewer lines are not available in this area; therefore, the
property owner has installed a private water well and septic system. Natural gas, electricity
and telephone services are available. Dolchok Avenue is a paved road which is
maintained by the City of Kenai. The operation of a guide service and lodge will not impact
these facilities .
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Resolution No. PZ2021-17
Page 3of4
Criteria Met: The property is serviced by a private well and septic system which have
been installed by the property owner. Public utilities are available and access to the
property is via a City maintained paved road. There is no reason to believe that the
operation of the guide service and lodge will be harmful to the public safety, health or
welfare of the community.
6. KMC 14.150(d}(6) Any and all specific·conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
See Conditions of Approval as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Dean Michael Schlehofer for Lodging for
property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at
345 Dolchok Lane.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31 51 day of December of each year.
3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
4. The applicant will meet with City staff for on-site inspections when requested.
5. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
6. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
7. Before a floating dock can be installed, the property owner must receive the proper
permits from the Kenai River Center.
8. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 12th day of May, 2021 .
Resolution No. PZ2021-17
Page 4 of 4
ATTEST:
JAMIE HEINZ, MMC, CITY CLERK
JEFF TWAIT, CHAIRPERSON
STAFF REPORT
TO: Planning and Zoning Commission
FROM: Ryan Foster, Planning Director
DATE: May 6, 2021
SUBJECT: PZ2021-16 – Conditional Use Permit – Guide Service
PZ2021-17 – Conditional Use Permit - Lodging
Applicant: Dean Michael Schlehofer
P.O. Box 201565
Anchorage, Alaska 99520-1565
Legal Description: Lot 4, Block 4, Basin View Subdivision Part 3
Property Address: 345 Dolchok Lane
KPB Parcel No: 04926211
Lot Size: 1.94 Acres (approximately 84,506 square feet)
Existing Zoning: Rural Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Low Density Residential
GENERAL INFORMATION
The applicant recently purchased this property, and would like to conduct a guide service and lodge
from the premises. Kenai Municipal Code 14.22 Land Use Table provides that a guide service and
lodge are a conditional use; therefore, the applicant has submitted an application for a Conditional
Use Permit. The applicant states that the purpose for this conditional use request is to help him serve
King of the River's clients, who have booked with him to sleep over and leave in the morning to join
a professional guide for fishing on King of the River's riverboats on the Kenai or Kasilof Rivers. This
is a 100% fishing service that includes accommodations. He does not offer any accommodations
without first booking a fishing trip.
Application, Public Notice, Public Comment
Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional
use were mailed to property owners within a three hundred-foot (300’) periphery of the subject
property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use request.
ANALYSIS
Kenai Municipal Code 14.20.150(d) – Review Criteria for Conditional Use Permits
Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that
may be compatible with the designated principal uses in specific zoning districts provided certain
conditions are met. KMC 14.20.150(d)-Conditional Use Permits Review Criteria states six
conditions that the Planning and Zoning Commission must deem to exist when establishing
findings prior to issuing a conditional use permit:
Criteria # 1: The use is consistent with the purpose of this chapter and the purposes
and intent of the zoning district.
Applicant Response: The operation of the fishing season is between May and
September/early October. Our fishing service provides clients with accommodations on
the property, where they will stay overnight between 6 p.m. (check in) and check out early
in the morning (5 a.m.- 8:00 a.m.) before their fishing trips with King of the River. The
average number clients sleep over is four or five people per night for the entire summer.
Our lodging includes four rooms, and our maximum capacity is eight clients. May and
September are usually slow, June and August are typically busy, and the month of July is
extremely popular. We operate no other activities except fishing and accommodations on
the property at 345 Dolchok Lane. During the day, it will be frequently vacated/empty,
especially between May and September, while clients are on the riverboats with the
guides. The lodging will only be occupied with clients in the evening until early morning.
There is no service in the winter from mid-October to April.
Beaver Creek is closed to fishing all year round, under ADFG's regulations. King of the
River clients are not allowed to fish on the waterfront of 345 Dolchok Lane.
King of the River does not offer any cooked meals to clients, except a continental breakfast
(yogurt, hard-boiled egg, bagels, danish, snack bar, etc.) in each room with mini
refrigerators. The lower level of the house has a full kitchen. The clients can bring their
own meals to cook in using the full kitchen on the lower level. Cooking is prohibited
elsewhere in the rooms.
All rooms are included in the floor plan maps to show the safest ways to exit the house.
Staff Response: The proposed guide service and lodging meets the intent of the Rural
Residential Zone (RR) to provide for low density residential development in outlying and
rural areas in a form which creates a stable and attractive residential environment. The
specific intent in establishing this zone is:
Page 3 of 6
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
The guide services and lodging are proposed to take place in an existing single family
home, there are no proposed physical changes that would violate the residential character
of the neighborhood. The maximum capacity of four bedrooms for lodging is not
anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the
same number of vehicle trips as other single family homes in the neighborhood. The KMC
14.22 Land Use Table provides that Guide Services and Lodging are a conditional use;
therefore, a conditional use permit must be granted for the operation of these services.
The applicant has provided illustrations of the layout of the property and floor
plans/elevations of the single family home.
Criteria #2: The value of the adjoining property and neighborhood will not be
significantly impaired.
Applicant Response: The property is nearly two acres, which is wide open. The north-side
neighbor has wooden fences, with nearly no visibility between the neighbor's property and
our property. The south-side neighbor has almost no visibility of our property because of
the forest pines. The south-side neighbor's home is closer to the Beaver Creek. It is
farther from the 345 Dolchok Lane home than the north-side neighbor, and there is minimal
visibility between us.
The parking lot at 345 Dolchok Lane can fit many vehicles; however, most likely between
four and eight of our clients will use one to three vehicle parking spaces daily.
Staff Response: This parcel is approximately 1.94 acres in size and contains a large paved
driveway in the front of the residence to accommodate parking of guest vehicles. The
aerial photo provided by the applicant indicates that the distances between the structures
and the tree line provides a natural buffer between the properties. The parcels located to
the North, South, East and West are zoned rural residential and have similar single family
residential uses as the subject property. The value of adjacent properties should not be
significantly impacted by the addition of guide services and lodging uses, the physical
characteristics of the property remain unchanged.
Criteria #3: The proposed use is in harmony with the Comprehensive Plan.
Applicant Response: Each room will include a laminated letter on the wall with the property
instructions and restrictions (rules of the lodging) to ensure the safety and harmony of all
guests.
Sample Letter:
Page 4 of 6
Welcome to King of the River Accommodations
And welcome to Alaska! We ask that our guests respect the following house rules:
1. Quiet hours begin at 10 p.m.
2. We are a tobacco-free facility.
3. No cleaning/filleting/vacuuming any fish (outside/inside or in the kitchen). Note
King of the River provides fish processing.
4. Please remove your shoes before entering the rooms.
5. If staying for one night only, please remove your belongings in the morning before
fishing. If staying for multiple nights, your belongings may be left until the last
morning of your stay.
6. Meet at your fishing site (Kenai River, Kasilof, or Ninilchik) at (time of meeting)
It takes approximately four minutes to drive from the King of the River's lodge to Eagle
Rock State Site Parking Lot/Dock, 30 minutes to Kasilof Recreational State Park, and 50
minutes to Deep Creek State Recreation Area.
For King of the River fishing, there are two things you need to remember:
1) In the morning, please park your vehicle in one of the following parking lots: Eagle
Rock Launch, Kasilof Recreational State Park/Launch, or Deep Creek State Park.
2) Please DO NOT ENTER or roam around the properties of our north- and south-
side neighbors because they are private property. Please respect our neighbors.
Staff Response: The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. Goal 2 of the
Comprehensive Plan is to provide economic development to support the fiscal health of
Kenai. The tourism industry is an important component for economic development within
the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging
businesses support the tourism industry. Low-density residential land uses typically
include single-family low-density, large lots with individual on-site water supply and
wastewater disposal systems.
Below are specific goals/objectives from the Comprehensive Plan that support this CUP
application:
ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
Criteria #4: Public services and facilities are adequate to serve the proposed use.
Applicant Response: We have limited public services and facilities on our property
because it will only be used for overnight accommodations when King of the River clients
have booked and scheduled fishing trips with us. This is not a public offer and is only
available to clients who have booked with King of the River through phone, email, or other
correspondence before they appear at the property. Clients can search for information
Page 5 of 6
about us through our website, social media, and other advertisements. When the clients
schedule/book with us, a booking agent will attach a file reservation form along with a
confirmation letter via email, including directions, information, what to bring, policies, time
to meet, and so on. We do not accept any clients who show up at the property without a
confirmation letter or a reservation with King of the River.
Staff Response: City water and sewer lines are not available in this area; therefore, the
property owner has installed a private water well and septic system. Natural gas, electricity
and telephone services are available. Dolchok Avenue is a paved road which is
maintained by the City of Kenai. The operation of a guide service and lodge will not impact
these facilities.
Criteria #5: The proposed use will not be harmful to the public safety, health or welfare.
Applicant Response: There are no foreseeable harms to public safety, health, or welfare
on the property of 345 Dolchok Lane because a helper, my family, and I are in the house
most of the time while the clients are with us.
Staff Response: The property is serviced by a private well and septic system which have
been installed by the property owner. Public utilities are available and access to the
property is via a City maintained paved road. There is no reason to believe that the
operation of the guide service and lodge will be harmful to the public safety, health or
welfare of the community.
Criteria # 6: Specific conditions deemed necessary.
Applicant Response: Not at this time; however, I plan to research building a floating dock
on Beaver Creek this summer for installation in 2022 or 2023. It is difficult to observe or
comprehend whether the waterfront creek would adapt well to a floating dock or access
to the Kenai River because of the low tide water level. I purchased the property on
March 12, 2021. Because the creek was frozen solid at that time, it was difficult to
observe or access it in the early spring because of the snow (thickness) conditions. The
previous owners had never tried to use their boats on Beaver Creek. Additionally, it is
1.6 miles away from the property to the confluence of the Kenai River. The creek might
be Inaccessible due to possible low water conditions such as gravel bars. I will have a
full answer for the next season. I have no intention of pursuing any other measures that
would affect access, screening, site development, building design, or business operation
on my property.
Staff Response: See Conditions of Approval as set forth below.
RECOMMENDATIONS
City staff find that the applicant meets the criteria for issuance of a Conditional Use 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 Conditional Use Permit
application, subject to the following conditions:
Page 6 of 6
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
4. The applicant will meet with City staff for on-site inspections when requested.
5. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
6. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
7. Before a floating dock can be installed, the property owner must receive the proper permits
from the Kenai River Center.
8. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
ATTACHMENTS
A. Resolution No. PZ2021-16
B. Resolution No. PZ2021-17
C. Application
D. Site Plan Aerials
E. Floor Plans/Elevation Drawings
F. Aerial Map
G. Email Responses
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-16
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR GUIDE SERVICE.
APPLICANT: Dean Michael Schlehofer
PROPERTY ADDRESS: 345 Dolchok Lane
LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on April 15, 2021; 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 City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on May 6, 2021, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Criteria Met: The proposed guide service and lodging meets the intent of the Rural
Residential Zone (RR) to provide for low density residential development in outlying and
rural areas in a form which creates a stable and attractive residential environment. The
specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2021-16
Page 2 of 4
The guide services and lodging are proposed to take place in an existing single family
home, there are no proposed physical changes that would violate the residential character
of the neighborhood. The maximum capacity of four bedrooms for lodging is not
anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the
same number of vehicle trips as other single family homes in the neighborhood. The KMC
14.22 Land Use Table provides that Guide Services and Lodging are a conditional use;
therefore, a conditional use permit must be granted for the operation of these services.
The applicant has provided illustrations of the layout of the property and floor
plans/elevations of the single family home.
2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved
driveway in the front of the residence to accommodate parking of guest vehicles. The
aerial photo provided by the applicant indicates that the distances between the structures
and the tree line provides a natural buffer between the properties. The parcels located to
the North, South, East and West are zoned rural residential and have similar single family
residential uses as the subject property. The value of adjacent properties should not be
significantly impacted by the addition of guide services and lodging uses, the physical
characteristics of the property remain unchanged.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met: The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. Goal 2 of the
Comprehensive Plan is to provide economic development to support the fiscal health of
Kenai. The tourism industry is an important component for economic developm ent within
the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging
businesses support the tourism industry. Low-density residential land uses typically
include single-family low-density, large lots with individual on-site water supply and
wastewater disposal systems.
Below are specific goals/objectives from the Comprehensive Plan that support this CUP
application:
ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met: City water and sewer lines are not available in this area; therefore, the
property owner has installed a private water well and septic system. Natural gas, electricity
and telephone services are available. Dolchok Avenue is a paved road which is
maintained by the City of Kenai. The operation of a guide service and lodge will not impact
these facilities.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Resolution No. PZ2021-16
Page 3 of 4
Criteria Met: The property is serviced by a private well and septic system which have
been installed by the property owner. Public utilities are available and access to the
property is via a City maintained paved road. There is no reason to believe that the
operation of the guide service and lodge will be harmful to the public safety, health or
welfare of the community.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
See Conditions of Approval as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Dean Michael Schlehofer for a Guide
Service for property described as Lot 4, Block 4, Basin View Subdivision Part 3, and
located at 345 Dolchok Lane.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
4. The applicant will meet with City staff for on-site inspections when requested.
5. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
6. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
7. Before a floating dock can be installed, the property owner must receive the proper
permits from the Kenai River Center.
8. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 12th day of May, 2021.
Resolution No. PZ2021-16
Page 4 of 4
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, MMC, CITY CLERK
_____________________________________________________________________________________
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. 2021-17
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A CONDITIONAL USE PERMIT FOR LODGING.
APPLICANT: Dean Michael Schlehofer
PROPERTY ADDRESS: 345 Dolchok Lane
LEGAL DESCRIPTION: Lot 4, Block 4, Basin View Subdivision Part 3
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04926211
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150
was submitted to the City on April 15, 2021; 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 City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on May 6, 2021, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the
purposes and intent of the zoning district;
Criteria Met: The proposed guide service and lodging meets the intent of the Rural
Residential Zone (RR) to provide for low density residential development in outlying and
rural areas in a form which creates a stable and attractive residential environment. The
specific intent in establishing this zone is:
(1) To separate residential structures to an extent which will:
(A) Preserve the rural, open quality of the environment;
(B) Prevent health hazards in areas not served by public water and sewer.
(2) To prohibit uses which would:
(A) Violate the residential character of the environment;
(B) Generate heavy traffic in predominantly residential areas.
Resolution No. PZ2021-17
Page 2 of 4
The guide services and lodging are proposed to take place in an existing single family
home, there are no proposed physical changes that would violate the residential character
of the neighborhood. The maximum capacity of four bedrooms for lodging is not
anticipated to generate heavy traffic in the neighborhood, and likely results in roughly the
same number of vehicle trips as other single family homes in the neighborhood. The KMC
14.22 Land Use Table provides that Guide Services and Lodging are a conditional use;
therefore, a conditional use permit must be granted for the operation of these services.
The applicant has provided illustrations of the layout of the property and floor
plans/elevations of the single family home.
2. KMC 14.20.150(d)(2) The value of the adjoining property and neighborhood will not be
significantly impaired;
Criteria Met: This parcel is approximately 1.94 acres in size and contains a large paved
driveway in the front of the residence to accommodate parking of guest vehicles. The
aerial photo provided by the applicant indicates that the distances between the structures
and the tree line provides a natural buffer between the properties. The parcels located to
the North, South, East and West are zoned rural residential and have similar single family
residential uses as the subject property. The value of adjacent properties should not be
significantly impacted by the addition of guide services and lodging uses, the physical
characteristics of the property remain unchanged.
3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan;
Criteria Met: The Comprehensive Plan has goals to support businesses and economic
development and to provide a high quality of life within the City. Goal 2 of the
Comprehensive Plan is to provide economic development to support the fiscal health of
Kenai. The tourism industry is an important component for economic developm ent within
the City of Kenai. The guide services, bed and breakfast, cabin rentals, and lodging
businesses support the tourism industry. Low-density residential land uses typically
include single-family low-density, large lots with individual on-site water supply and
wastewater disposal systems.
Below are specific goals/objectives from the Comprehensive Plan that support this CUP
application:
ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for
recreational activities, conventions, festivals, arts, cultural and other events.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Criteria Met: City water and sewer lines are not available in this area; therefore, the
property owner has installed a private water well and septic system. Natural gas, electricity
and telephone services are available. Dolchok Avenue is a paved road which is
maintained by the City of Kenai. The operation of a guide service and lodge will not impact
these facilities.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Resolution No. PZ2021-17
Page 3 of 4
Criteria Met: The property is serviced by a private well and septic system which have
been installed by the property owner. Public utilities are available and access to the
property is via a City maintained paved road. There is no reason to believe that the
operation of the guide service and lodge will be harmful to the public safety, health or
welfare of the community.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
See Conditions of Approval as set forth below.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That a conditional use permit is granted to Dean Michael Schlehofer for Lodging for
property described as Lot 4, Block 4, Basin View Subdivision Part 3, and located at
345 Dolchok Lane.
Section 2. That the conditional use permit is subject to the following conditions:
1. Further development of the property shall conform to all federal, State of Alaska, and
local regulations.
2. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the
31st day of December of each year.
3. Biennial fire inspection must be completed by the Fire Marshal for the City of Kenai.
4. The applicant will meet with City staff for on-site inspections when requested.
5. If there is a change of use for the above described property a new Conditional Use Permit
must be obtained, pursuant to 14.20.150(i)(5).
6. Pursuant to KMC 14.20.150(i)(2), this permit shall expire automatically upon termination
or interruption of the use for a period of at least one year.
7. Before a floating dock can be installed, the property owner must receive the proper
permits from the Kenai River Center.
8. Failure to provide documentation to the City for meeting these conditions shall be grounds
for the suspension or revocation of the conditional use permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 12th day of May, 2021.
Resolution No. PZ2021-17
Page 4 of 4
JEFF TWAIT, CHAIRPERSON
ATTEST:
______________________________________
JAMIE HEINZ, MMC, CITY CLERK
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Conditional Use Permit
Application
Dean Michael Schlehofer
PO Box 201565
Anchorage State:
907-268-5519
mykingoftheriver@gmail.com
· State:
Kenai Peninsula Borough Parcel# (Property Tax ID):
Physical Address: 345 Dolchok Lane, Kenai AK 99611
Legal Description: Basin View Pt3 L4 84
Zoning: Rural Residential
Acres: 1.94
How is this property currently being used?
Conditional Use Requested for (attach additional sheets if necessary):
See attached:
AK
04926211
City of Kenai
Planning and Zoning Department
210 Fidalgo Avenue
Kenai, AK 99611
{907) 283-8200
planning@kenai.city
www.kenai.city/planning
Zip Code: 99520-1565
Zip Code:
Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
See attached:
Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional
use:
See attached: RECEIVED
CITY OF KENAI
4-lf--21
PLANNING DEPARTMENT
Use of surrounding property -north: Driveway/parking lots, access to the lower level of the house
Use of surrounding property -south: South side of a large deck, open green field
Use of surrounding property -east: Entry to lower level, driveway parking lot, view of Beaver Creek
Use of surrounding property -west: See attached:
Explain how the conditional use is in harmony with the City's Comprehensive Plan:
See attached:
Are public services and facilities on the property adequate to serve the proposed conditional use?
See attached:
Explain how the conditional use will not be harmful to public safety, health, or welfare:
See attached:
Are there any measures with access, screening, site development, building design, or business operation that will
lessen potential impacts of the conditional use to neighbors?
See attached :
AUTHORITY TO APPLY FOR CONDITIONAL USE:
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 conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that
payment of the application fee is nonrefundable and is to cover the costs associated with processing this
application, and that it does not assure approval of the conditional use. I also understand that assigned hearing
dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning
Commission 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. ,: ) _./) .
Signature: J/. _c...., l /
-_...,I I Date: I f/1~ /2cZ-l
Print Name: [);IVJ S'cfiL£1fOFCJ?. I Title/Business: l 6i~i De I oVJ,;£1'(
, '
For City Use Only Date Application Fee Received: "ff i ~ ~ -U. • ...
PZ Resolution Number: 2 o '2.-\ -l ~ ~ j...\..roc. ~ e
2-021-r1 W,c;l5i~
1) Conditional Use Requested (attach additional sheets if necessary):
This purpose for this Conditional Use Request is to help us serve King of the
River's clients, who have booked with us to sleep over and leave in the
morning to join a professional guide for fishing on King of the River's
riverboats on the Kenai or Kasilof Rivers. This is a 100°/o fishing service that
includes accommodations. We do not offer any accommodations without first
booking a fishing trip.
2) Explain how the conditional use is consistent with the purposes and
intent of the zoning district of the property:
The operation of the fishing season is between May and September/early
October. Our fishing service provides clients with accommodations on the
property, where they will stay overnight between 6 p.m. (check in) and
check out early in the morning (5 a.m.-8:00 a.m.) before their fishing trips
with King of the River. The average number clients sleep over is four or five
people per night for the entire summer. Our lodging includes four rooms,
and our maximum capacity is eight clients. May and September are usually
slow, June and August are typically busy, and the month of July is extremely
popular. We operate no other activities except fishing and accommodations
on the property at 345 Dolchok Lane. During the day, it will be frequently
vacated/empty, especially between May and September, while clients are on
the riverboats with the guides. The lodging will only be occupied with clients
in the evening until early morning.
There is no service in the winter from mid-October to April.
3) Explain how the value of the adjoining property and neighborhood will
not be significantly impaired by the conditional use:
The property is nearly two acres, which is wide open. The north-side
neighbor has wooden fences, with nearly no visibility between the neighbor's
property and our property. The south-side neighbor has almost no visibility
of our property because of the forest pines. The south-side neighbor's home
is closer to the Beaver Creek. It is farther from the 345 Dolchok Lane home
than the north-side neighbor, and there is minimal visibility between us.
The parking lot at 345 Dolchok Lane can fit many vehicles; however, most
likely between four and eight of our clients will use one to three vehicle
parking spaces daily.
See "A,", "B,", and "C" files attached (top view photos)
• Use of surrounding property -north: Driveway /parking lots, access to
the lower level of the house
• Use of surrounding property -south: South side of a large deck, open
green field
• Use of surrounding property -east: Entry to lower level, driveway
parking lot, view of Beaver Creek
• Use of surrounding property -west: Large parking lots for the main
level, exit to Dolchok Lane/Beaver Loop Road
4) Explain how the conditional use is in harmony with the City's
Comprehensive Plan:
Each room will include a laminated letter on the wall with the property
instructions and restrictions (rules of the lodging) to ensure the safety and
harmony of all guests.
Sample Letter:
Welcome to King of the River Accommodations
And welcome to Alaska! We ask that our guests respect the following house
rules:
1. Quiet hours begin at 10 p.m.
2. We are a tobacco-free facility.
3. No cleaning/filleting/vacuuming any fish (outside/inside or in the kitchen).
Note King of the River provides fish processing.
4. Please remove your shoes before entering the rooms.
5. If staying for one night only, please remove your belongings in the
morning before fishing. If staying for multiple nights, your belongings may
be left until the last morning of your stay.
6. Meet at your fishing site (Kenai River, Kasilof, or Ninilchik) at (time of
meeting) _______ _
It takes approximately four minutes to drive from the King of the River's
lodge to Eagle Rock State Site Parking Lot/Dock, 30 minutes to Kasilof
Recreational State Park, and 50 minutes to Deep Creek State Recreation
Area.
For King of the River fishing, there are two things you need to remember:
1) In the morning, please park your vehicle in one of the following parking
lots: Eagle Rock Launch, Kasilof Recreational State Park/Launch, or Deep
Creek State Park.
2) Please DO NOT ENTER or roam around the properties of our north-and
south-side neighbors because they are private property. Please respect our
neighbors.
4) Are public services and facilities on the property adequate to serve the
proposed conditional use?
We have limited public services and facilities on our property because it will
only be used for overnight accommodations when King of the River clients
have booked and scheduled fishing trips with us. This is not a public offer
and is only available to clients who have booked with King of the River
through phone, email, or other correspondence before they appear at the
property. Clients can search for information about us through our website,
social media, and other advertisements. When the clients schedule/book
with us, a booking agent will attach a file reservation form along with a
confirmation letter via email, including directions, information, what to bring,
policies, time to meet, and so on. We do not accept any clients who show up
at the property without a confirmation letter or a reservation with King of
the River.
5) Explain how the conditional use will not be harmful to public safety,
health, or welfare:
There are no foreseeable harms to public safety, health, or welfare on the
property of 345 Dolchok Lane because a helper, my family, and I are in the
house most of the time while the clients are with us.
Introduction: Dean Schlehofer, Professional Guide and Owner
I am the founder and owner of King of the River fishing, established in 1992.
I have served thousands of clients. Summer 2021 will be my 30th year in
business. I have lived in and been a resident of Alaska since June 1981. I
received my first Coast Guard license in 1996, and I have been guiding ever
since. I received my 6th license in March 2021 (renewal every five years). I
run my business solo and have a proven record of safely guiding over
14,000 clients on the Kenai/Kasilof Rivers. I spend 70-80 days of the year
guiding 10-to 12-hour charters on these waters. Some quick math shows
that I have in excess of 23,000 hours on the water.
My philosophy as a guide is to conduct myself at the highest professional
level and provide the best service I can as a Kenai/Kasilof River guide. My
excellent safety record is due to my 36 years of experience on the rivers. I
believe in ensuring the utmost safety and health of all my clients, on my
property and in the riverboats.
King of the River does not offer any cooked meals to clients, except a
continental breakfast (yogurt, hard-boiled egg, bagels, danish, snack bar,
etc.) in each room with mini refrigerators. The lower level of the house has a
full kitchen. The clients can bring their own meals to cook in using the full
kitchen on the lower level. Cooking is prohibited elsewhere in the rooms.
Beaver Creek is closed to fishing all year round, under ADFG's regulations.
King of the River clients are not allowed to fish on the waterfront of 345
Dolchok Lane.
All rooms are included in the floor plan maps to show the safest ways to exit
the house.
6) Are there any measures with access, screening, site development,
building design, or business operation that will lessen the potential
impacts of the conditional use for neighbors?
Not at this time; however, I plan to research building a floating dock on
Beaver Creek this summer for installation in 2022 or 2023. It is difficult to
observe or comprehend whether the waterfront creek would adapt well to a
floating dock or access to the Kenai River because of the low tide water
level. I purchased the property on March 12, 2021. Because the creek was
frozen solid at that time, it was difficult to observe or access it in the early
spring because of the snow (thickness) conditions. The previous owners had
never tried to use their boats on Beaver Creek. Additionally, it is 1.6 miles
away from the property to the confluence of the Kenai River. The creek
might be inaccessible due to possible low water conditions such as gravel
bars. I will have a full answer for the next season. I have no intention of
pursuing any other measures that would affect access, screening, site
development, building design, or business operation on my property.
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K~NAI
RESOLUTIONS PZ2021-16 & PZ2021-17
Parcel04926211
345 Dolchok Lane
Lot 4, Block 4, Basin View Subd. Part 3
Wilma Anderson
From:
Sent:
To:
Subject:
Josh Schultz <jschu88@gmail.com>
Wednesday, May 5, 2021 10:43 PM
Wilma Anderson
Resolutions PZ2021-16 and PZ2021-17
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Wilma,
My wife Rebecca Schultz and I at 375 Dolchok Lane oppose this application for rezoning. This would be against the
neighborhood covenants, inject a transient population through the neighborhood and the creek at their residence would
not support boat traffic. I feel there are places for a guide service and lodging but this neighborhood is not a good
location.
Thank you,
Josh Schultz
1
May 6, 2021
Planning and Zoning Commissioners:
Unfortunately, we are unable to attend the May 12th planning commission meeting that will address the
Conditional Use Permit for a lodge and guide service business at 345 Dolchok Lane (Resolutions PZ2021-
16 and PZ2021-17). We would like to express our opposition to approval of this conditional use permit
in this letter.
We have lived on Dolchok Lane for almost 20 years. We chose the neighborhood for its residential non-
business character, and we have known and appreciated for all that time that businesses were not
allowed in the neighborhood due to the neighborhood covenants. In fact, we appreciated the character
of the neighborhood so much that we sold our first house on the street and bought and moved into
another on the same street. Many of us that still live in the neighborhood participated in paying for the
street improvements through the LID process and certainly not with the intention that we would be
improving and paying to pave a street to the benefit of a business moving in and violating the
neighborhood covenants.
We believe this business conflicts with the restrictions in KMC 14.20.150. This section requires the
"separation of residential structures to an extent which will allow for adequate light, air and privacy."
This residence, driveway and deck are all open to the street with limited trees separating it from
neighbors. Since the neighborhood is in the throes of the beetle kill destruction, the opening up of the
neighborhood to less privacy and more noise will continue in the next few years. That Code section also
"prohibits uses which would: (A) Violate the residential character of the environment; (B) Generate
heavy traffic in predominantly residential areas." We believe this business would clearly violate both of
those provisions. Operating the residential home as a fishing lodge with all the customers and guide
traffic every day, which will likely include early morning traffic, will clearly violate the residential nature
of the subdivision and create heavier traffic and additional noise. KMC 14.20.150 speaks to not
impairing the value of the adjoining property and neighborhood. It is not uncommon for this
neighborhood to experience noise from the racetrack and gun range across the highway during the
summer months, and the introduction of another source of summer business noise into the
neighborhood, especially to the close neighbors, could impact property values and property sales. KMC
14.20.150 also requires that the proposal be in harmony with the City's comprehensive plan. We
believe that this proposal conflicts with Goal #1, in that it does not protect the livability of existing
neighborhoods (Q-2), and it does not promote land uses that are in harmony with surrounding uses (Q-
4). This proposal also seems to conflict with Goal 2 of the Comprehensive plan which suggests
promoting reuse of business property downtown and along the Kenai Spur (ED-3) and, prior to zoning,
minimizing potential conflicts with non-business uses through site design (ED-6). Goal #3 suggests that
the City "Establish siting and design standards so that development is in harmony and scale with
surrounding uses (LU-1); and, "Review Zoning Code to consider use of buffers and buffer zones to
separate incompatible land uses. Review landscaping ordinance to ensure buffers are required to
protect neighborhoods (LU-6)." It seems that the Comprehensive Plan goes to great length to suggest
the preservation of the neighborhood when considering the introduction of business, and this business
location clearly conflicts with the nature of the neighborhood.
We are concerned that the allowance of a lodge and fishing guide business in clear violation of the
neighborhood covenants could permanently change the nature of the subdivision. There are many
properties in the neighborhood that are on Beaver Creek with views and with creek access, and many of
those are possibly even more conducive to similar business activities. Those property owners are
currently operating within the neighborhood covenants and not operating businesses in the
neighborhood. However, if this Conditional Use Permit were authorized it seems there would be no
reason not to authorize one on every other property in the neighborhood.
We appreciate your consideration of this matter. We ask you to deny the Conditional Use Permit and
retain the residential nature of the neighborhood that all residents bought into when they purchased
property in the neighborhood.
Thank You,
Dave & Lara Ross
365 Dolchok Ln.
Kenai, AK 99611
Wilma Anderson
From:
Sent:
To:
Cc:
Subject:
S Jurek <mcjurek@gmail.com>
Thursday, May 6, 2021 8:53 PM
planning@kenai.city; Wilma Anderson
alex@douthits.com; ggreenberg@akmapco.com; woodard.g@outlook.com;
joe@digitsak.com; Ryan Foster
Resolutions PZ2021-16 and PZ2021-17
CAUTION: This email originated from outside your organization . Exercise caution when opening attachments or clicking
links, especially from unknown senders.
Dear Ms. Anderson and members of the Planning & Zoning Commission,
We are residents of Basinview Subdivision. We value this area and we were attracted to it because it is a quiet,
residential-only neighborhood. However, we are very concerned about two upcoming resolutions.
We oppose Resolutions PZ2021-16 and PZ2021-17, which are conditional use permits for guide services and
lodging in Lot 4, Block 4 of Basinview Subdivision Part 3 at 345 Dolchok Lane in Kenai. The Declaration of
Covenants, Conditions, Restrictions and Reservations of Easements for Basinview Subdivision Part 3 (Book 216,
Page 242 of the Kenai Recording District, State of Alaska) explicitly states in paragraph 2 ( c) "No lot shall be used
for other than single family residential purposes".
Allowing a guide service and lodge in our neighborhood willfully and deliberately violates the neighborhood's
covenant. Furthermore, it will destroy the ambiance of this peaceful area. We oppose the resolutions for these
reasons.
Thank you,
Frances and Mark Jurek
3065 Kim N Ang Court
Kenai, AK 99611
1