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Home My WebLink AboutResolution No. PZ2022-01 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Foster, Planning Director DATE: January 4, 2022 SUBJECT: PZ2022-01 – Conditional Use Permit – Cabin Rentals Applicant: Bill Elmore P.O. Box 1531 Kenai, Alaska 99611 Legal Description: North 70 ft of South 140 ft of Government Lot 166 Property Address: 104 N Tinker Lane KPB Parcel No: 04515204 Lot Size: 0.53 Acres (23,086 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Vacant Commercial/Residential Land Use Plan: Suburban Residential GENERAL INFORMATION The applicant, Bill Elmore, has submitted a conditional use permit application for Cabin Rentals at 104 N Tinker Lane. Cabin rentals are listed as a conditional use within the Suburban Residential zone in Kenai Municipal Code 14.22.010, Land Use Table. KMC 14.20.320 Definitions, defines cabin rentals, “Cabin rentals” means the renting out of one (1) or more individual, detached dwelling units or buildings to provide overnight sleeping accommodations for a period of less than thirty (30) consecutive days. 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. Page 2 of 4 ANALYSIS Kenai Municipal Code 14.20.150(e) – 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(e)-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: As a temporary rental – 30 days or less – a complete renovation to accommodate 2-3 bedrooms, 2 baths, kitchen & dining & living space. We want to maintain the property as a residence/cabin. Staff Response: The proposed cabin rental meets the intent of the Suburban Residential (RS) Zone to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: (1) To separate residential structures to an extent which will allow for adequate light, air, and privacy; (2) To prohibit uses which would: (A) Violate the residential character of the environment; (B) Generate heavy traffic in predominantly residential areas. A single rental cabin would not violate the residential character of the neighborhood or generate heavy traffic. The Land Use Table provides that Cabin Rentals are a conditional use for the Suburban Residential zoning district; therefore, a conditional use permit must be granted for the operation of rental cabins. The applicant has provided a site plan that provides the layout of the cabin and parking. Criteria #2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired. Applicant Response: Any impact will be positive. The remodel will consist of structural, interior & exterior painting & landscaping. Parking area will be defined. Adjacent neighbors will not be negatively affected. Staff Response: The parcel located to the North is a 4-plex, to both the South and East is a single family residence, and the middle school is located to the West, across N Tinker Lane. The economic and noneconomic value of adjacent properties should not be significantly impaired with the renovation and use of a rental cabin. Generally speaking, Page 3 of 4 renovation of existing, vacant structures of this nature, tends to increase neighborhood property values. Criteria #3: The proposed use is in harmony with the Comprehensive Plan. Applicant Response: Provide close proximity, short term destination housing. Provide lodging for seasonal, visitor, workforces. Maintain as early Kenai historical structure. Staff Response: The Comprehensive Plan has goals to support businesses and economic development and to provide a high quality of life within the City. Below are specific goals/objectives from the Comprehensive Plan that support this CUP application: Goal 1 of the Comprehensive Plan is to promote and encourage quality of life in Kenai.  Q-4 Promote the siting and design of land uses that are in harmony and scale with surrounding uses Goal 2 of the Comprehensive Plan is to provide economic development to support the fiscal health of Kenai.  ED-5 Promote adaptive reuse of vacant commercial buildings in the city center and along the Kenai Spur Highway.  ED-9 Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 of the Comprehensive Plan is to Develop land use strategies to implement a forward-looking approach to community growth and development.  LU-2 Promote the infill of existing, improved subdivision lots. Criteria #4: Public services and facilities are adequate to serve the proposed use. Applicant Response: Yes, city utilities are onsite. Street level entrances & parking. Staff Response: The subject property is accessed via a paved, City maintained road. City sewer and water provide service to the property via N Tinker Lane. There is access to natural gas, electricity, and telephone services. Criteria #5: The proposed use will not be harmful to the public safety, health or welfare. Applicant Response: The structure will be constructed & maintained to current codes. Facility will be maintained & occupied in a clean, safe manner as a temporary rental. Short term use will mitigate long term issues of debris. Staff Response: The use of a rental cabin will not be harmful to public safety, health, or welfare. Staff believes that services are available to adequately serve this development. The applicant has provided the City with a draft site plan, which indicates that there will be sufficient parking available for rental guests. Criteria # 6: Specific conditions deemed necessary. Page 4 of 4 Applicant Response: Landscaping, defined parking, privacy fences will be utilized as is consistent with need. No outdoor permanent pets will be present. 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 (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission approve the Conditional Use Permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to issuance of a Building Permit, a landscape/site plan must be reviewed and approved by the Planning Director. 3. Prior to beginning any construction or renovations, a building permit must be issued by the Building Official for the City of Kenai. 4. A yearly Conditional Use Permit report must be submitted to the City of Kenai prior to the 31st day of December of each year. 5. The applicant will meet with City staff for on-site inspections when requested. 6. 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(l)(5). 7. Pursuant to KMC 14.20.150(l)(2), this permit shall expire automatically upon termination or interruption of the use for a period of at least one year. 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. Application B. Draft Site Plan C. Floor Plans/Elevation Drawings D. Aerial Map Name: Mailing Address: Conditional Use Permit Application City of Kenai Planning and Zoning Departmen1 2 10 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.c:ity www.kenai.city/planning City: \s(E.l\l'A i State: A.I.Ink.A. Z ip Code: 't9'-J \ Phone Number(s): Email: Name: Mailing Address: City: State: Zip Code: Phone Number(s): Email: Legal Description: \ Co N R l\ \Jo.\ SEC. ?:,i.t· .S €..LO • M ... {-(,JU oft"7«-\ 70 Acres: How is this property currently being used? Conditional Use Requested for (attach additional sheets if necessary): Explain how the conditional use is consistent with purposes and intent of the zoning district of the property: Explain how the value of adjoining property and neighborhood will not be significantly impaired by the conditional use : A.N t.r ~VU-/.}94L T \At(..£-~ pcS ~T ·' v C'.. ~ <: \M.~ "-lt> l Cbl\)$. (~( ~'r S-rRlX."'"fl>('4 '-.. f N''ltlh4'(' ~ e..mA.1 o ·"(' ~A I~,, '':t~ Ltt'flJ )SC..P. ~("VJ,... B't>tv--\L1~ 1\-Q.E~ '-"l LL !.~ [)ef"1N'Cb , A 1).J'~l\f7 ~'1'c9·H-~o r.s vJll I "67 ~E .\ l\:7Hff. L Afft~JE~ . I Use of surrounding property-south: :P ir\\JA"T.e F''-.~/fb,£!\fC..e Use of surrounding property -ea.st: , ?i( .\ \f A;r~ · %~1 J){u'\eJ?" · ·. Use of surrounding property -west: ~ lTtf ·. '5Tfil:li."E:i .;.;. flr{I bl>/~ .SC.¥1 e·cr I Explain how the conditional use is in harmC?riY with the City's Cpn1prehensive Plan: . ~6ift:~ $.. .· ~C,$~ Pv'i>~\;vatj--_ sh·~·~1'.·~·~V\~ _ j)g-Ti~~ATtO~-.. ~':J.S'IV'J' 'f v-6 " '~'t: Lo l> ~ a "-7· c-e> fl. s e.t«~~v~ L .... v ls_ tTt>fJ,_ -W o fl.Lt-~ l'C. g ~ ~) (\)-n\l tv f'CS _ 12'-\P...ty. jJ,e-'"·~.>-At ~'Tl.>124 ~'\~L s "'"rtJ.tJC::rtit~ . . . . Are public services and facllities 6nthe property adequate to serve the propos.ed conditionaluse? Expl,ain .how: the conditi~nal use will not b~ har~ful fo public safety, health; 9r welfare: ~~~ S"'\n.<-s-d~t.:. V)ttl:.11 · .b.tt ~~\)~~~ ~-. NL~>N'"nl-lN~ TO " . C.-->'<"''<~~ ~es -t=Aei~ rty 4Hil . b! ~ ~. N7i\.l~L.~ -~· CJ~'-il'-c.l. ·. ·1t~-s-~1)_¥~~l~~·.'j,1lt':>M~$!rl·k~~~"s'tZ ·d'f Pdi·at5--·. Are th~re any rne'asur~s witfi access; 'screening, site development.. buif ding design, or bLsiness ()peration tbat wiil lessen potent!al_ inwacts of the_ conditional yse t~ neighbor.s? · . . , _ . _ · : _ . , _ · ~~'~' ,~e~!~k~~!if~f\.:St~Jf~~t~~!!t :P~"'~~~-T: ·r~'~: ·.4!dl' ~ ~r~~N 7H_! ·•··. •. •.. ".' . AU"fHORft'Y.fo APPLY F'OR CONDlTlONAL USE: ·. • -~ · I. hereby"certify.. that' (I am) ('I have:beeiJ autl')orlz~d t~ a:pf .fq.r) own.er o( the ·propel'.fy de's~r:ibe.d ab~v.~ ~nd tl:lat-1. petitiqri ~or a con~itional us~ permit.in conforrn~nee wit~ Title.14 ofthe Kenai ·Municipal ·Co.de. i. urn~:ierstand tha.t pay~erif of the .a,ppficat!<;>.i:r fe·e is nonrefundal{le ~mt Is. to cover tf.ie c~$.is asstlciated. ~Ith ·pro~essing this·. . . .. a_pplfc~diqn, and that i!,cioes riot ·assl,lte approval Of (be conditional Use. I als~ l:lll,derstand thata$s:tgned .~e~ring dates· are tent~tive an_q may hav.e to be postponed by Planning Deparfment staff of the Pl~nning afid· Zooing . ~ommissJon for adrninistrative. eas·ons. ., understand th,at a ~ite v~sit may .be required to 'process ihjs application. City ;>f ·~e.riai perso.~ ~f~ ; ~tho)· rii~d to access the ~bove:-ref~re:nced proper'fy:fbr the purpo-~e of pro~-essin_g thi.s apphcat ron. f' .1 I,., · . . Signat~re·: \ I/Lt; ~~ · • .•.. • I ·oate: I~ 13;. 4}"'4 PrintN?tme: "r-~ t '-~~ r.?....e-.;, l~ntle/Business: I ~llMD (l1G-C:~T. Br&w ~ ~.bl~ ~~ ,& D~te· Ai:;plic~~ion Fee Received: PZ Resol!Jtion Number: For City Use Only '. .. ·· .. .... ;' ~;. .. .-· ..... ;.! ~ . . · '" ......... ~ .· -.·: . ' .. -.. ·· . -··~ . ,. •.. :· 1.· ·~ . . . . .· .. Proo,ertv Permittin_gReport Citv of Kenai Tax id:4515204 Zoning:SUBURBAN RESIDENTIAL Lot Size: 0.53 acres N w+• s 1:992 Planning and Zoning Permits I Resolution Pennit Type Type Reguested by Building Permits Generated :0310912011 Assessed Value: $63,500.00 HORNTON DAVID F & MARY R iwner(s) Property Address 104 TINKER LN -NORTH Kenai, AK 99611 Mailinq Address 104 N TINKER LN KENAI, AK 99611 Leaa I Descriotion T &N R 11W sec 34 SEWARD MERIDIAN KN NORTH 70 FT OF SOUTH 140 FT OF GOVT LOT 166 Meeting Date Action P~_r_mjj Dat1 Contractor Description Plan Fee Pennit Fee Valuation B2761 82426 512411989 71511985 rSeMl;o Sewer Service N Utility Service ID Utility Services Other-Commercial New-Garage/Carport $0.00 $0.00 $42.00 $36.00 $5,000.00 $20,000.00 Alaska Business License # 738806 Alaska Department of Commerce, Community, and Economic Development Division of Corporations, Business, and Professional Licensing PO Box 110806, Juneau, AK 99811-0806 Th is is to certify tha1 ALASKA CRANE CONSULTANTS PO BOX 1531, KENAI, AK 99611 owned by WILLIAM L ELMORE is licensed by the department to conduct business for the period December 10, 2020 to December 31, 2022 for the following line(s) of business: 54 -Professional, Scientific and Technical Services 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 PZ2022-01 CUP Cabin Rentals104 N Tinker LaneParcel 0451520 4 Lot 1AN TINKER LNLAWTON DR COLONIAL DR PENNY CIR S TINKER LN.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. 0 6030 Feet LEGEND Su bject Parcel Date: 1/6/2022