HomeMy WebLinkAboutOrdinance No. 3295-2022KENA
CITY OFKENAI
ORDINANCE NO. 3295-2022
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP' BY REZONING CERTAIN PARCELS
SOUTHEAST OF BEAVER LOOP ROAD ALONG BA,SIN'VIEW WAY, KIM N ANG COURT, CUB
COURT, AMES ROAD, AND DOLCHOK LANE FROM RURAL RESIDENTIAL TO RURAL
RESIDENTIAL-1.
WHEREAS, the certain parcels identified in Ex�h,ibit A Southeast of Beaver Loop Road, along Basin View
Way, Kim N! Ang Court, Cub Court, Ames Road, and Dolcholk Lane are currently zoned Rural Residential,
and,
WHEREAS, the City of Kenai received a rezone application changing the zoning to Rural Residlential-1
wg",2- A-ei**wte
Code 14,201,270, Amendment procedures; and,
WHEREAS, the RR, and RR-1 zoning districts have the same intenit per KMC 14.20-080 Rural Resi�dientiaI
Zones for low density residenfial development in outlying !I areas in a form which creates a stable
and attractive residential environment and,
WHEREAS, the RR-1 Zone is consistent with, residential development in the vicinity and will not impacl
residential housing or the qual'it�y of neighborhoods within the Ci�ty� and,
WHEREAS, the existing conditional use permits for the Guide Service at 909 Ames Road and Fabrication
Facility at 9111 Ames Road would' be considered nonconforming uses per KMC 14,20.050, unable to
expanid, or move the nonconforming use from its existing state on the lot, without a condilitional use permh
granted by the Planning and Zoning Commission; and,
WHEREAS, the rezone is consistent with Goal 1 — Quality of Life: Promote and encourage quality of Ii
in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan; and.
WHEREAS, the rezone is consistent with, the Land Use Plan proposing a Lo,w Density Residential l�a
use for this neighiborhood�, from the 2016 Imagine Kenai 2030, Ciity of Kenai Comprehensive Plan; and
I i
WHEREAS, the City of Kenai Planning and Zoning Coimmiission voted unanimously to recommend t
properties be rezoned to Rural Rescliential-1 during a public hearing held at their meeting on May 2
20122�.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, A
FOLLOWS: �1
I R0 1 M0 " I W 1 .40. rel I W-
W-Mar-UMNIM4
Ordinance il,o. 3295-2022
Page 2 of 2
Way, Kim N Ang Court, Cub Court, Ames Road, and Doichok Lane from Rural Residential to Rural
Vesidettial-1 .
Section 2. Severabilitv:, That if any part or provision of this ordinance or application thereof to any
person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision,, or application directly involved in, alil controversy in
which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder
of this title or application thereof to other persons or circumstances. The City Council hereby declares
that it would have enacted the remainder of this ordinance even without Such part, provision, or
application.
Section 3. Effective Date: That pursuant to KMIIC 1.15.070(f), this ordinance shall take effect 30 days
after enactment.
ATTEST-
M - ich6 ane MMC, City Clerk
J rkn lenden;ing, yor
Introduced:
Enacte&
Effective.
New Text Underlined; [DELETED TEXT BRACKETED]
mmmmmmmmmmmmmmmm
City of Kenai 1 210 Fidal o Ave, Kenai, AK 99611.7794 190T283,7535 1 www.6naixity
MEMORANDUM
TO: Mayor Brian Gabriel and Kenai City Council
THROUGH: Paul Ostrander, City Manager
FROM: Ryan Foster, Planning Director
DATE: June 7, 2022
SUBJECT: Ordinance 3295-2022 — Rezone Parcels from Rural Residential to Rural
Residential-1
A completed application was submitted to the City requesting certain parcels Southeast of
Beaver Loop Road, along Basin View Way, Kim N Ang Court, Cub Court, Ames Road, and
Dolchok Lane (see Rezoning Boundary Map and Parcel List), be rezoned from Rural
Residential (RR) to Rural Residential-1 (RR-1). Kenai Municipal Code (KMC) 14.20.270,
Amendment procedures, describes initiation of zoning code and official map amendments.
Zoning code amendments may be initiated by a submission of a petition by a majority of the
property owners in the area for consideration if the area to be rezoned contains a minimum of
one acre unless the amendment enlarges an adjacent district boundary. The application was
submitted by Jerry C. Huf, 765 Ames Rd, Kenai AK, 99611 with a petition of a majority of the
property owners in the area to be rezoned (see attached Exhibit A and Parcel List). The
requested rezone meets the criteria for an amendment.
The intended reason for the rezoning provided in the application is the following:
1. Protect the rural, open quality of the residential neighborhood.
2. Preserve the residential character of a low density neighborhood environment.
3. Maintain the value of property, both monetary and non -monetary (quality of life for residents,
use and enjoyment of their property).
4. Consistent with the City Comprehensive plan, specifically protect the livability of the existing
neighborhood.
Analysis
The subject area proposed to be rezoned consists of parcels on Dolchok Lane, Cub Court, Kim
N Ang Court, Basin View Way, Ames Road south of Beaver Loop Road, and parcels on the
south side of Beaver Loop Road from Ames Road to Dolchok Lane (see attached Exhibit A and
Parcel List). All parcels inside and bordering the area proposed for rezoning are zoned Rural
Residential (RR).
The RR, and RR-1 zoning districts have the same intent per KMC 14.20.080 Rural Residential
Zones (RR, RR-1 Zones):
(a) Intent. The RR Zone is intended 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.
Per KMC 14.24.010 Minimum lot area requirements are different, in that RR-1 does not allow for
five or more dwelling units, and with a conditional use permit, the RR-1 requirements for
minimum lot size is 22,400 sf. 2,400 sf more than in the RR district. Development requirements
for RR and RR-1 are identical per KMC 14.24.020 General Requirements.
There are two primary differences between the RR and RR-1 zoning districts as identified in
KMC 14.22.010 Land use table:
There are more Principal Permitted Uses allowed in the RR district, a total of six, than
the RR-1 district, a total of four.
2. There are more opportunities for Conditional Use Permit applications in the RR district, a
total of 55, than the RR-1 district, a total of 20.
Existing Conditional Use Permits Analysis
There are two existing conditional use permit properties in the area proposed for rezoning, a
B&B/Guide Service at 909 Ames Road, and Welding & Metal Framing Business at 911 Ames
Road. A B&B is a conditional use in the RR-1 district, and therefore, would be a conforming use
if the parcel is rezoned. If the rezoning application is approved from RR to RR-1, existing
conditional use permits for the Guide Service at 909 Ames Road and Fabrication Facility at 911
Ames Road would be considered nonconforming uses per KMC 14.20.050 Nonconforming lots,
structures, and uses since those uses are not permitted in RR-1.
Nonconforming uses would be unable to expand, or move the nonconforming use from its
existing state on the lot, without a conditional use permit granted by the Planning and Zoning
Commission. The existing conditional use permits would still be transferable to a new property
owner per KMC 14.20.150(I)(5).
Page 2 of 3
Comprehensive Plan Analysis
The Land Use Plan, from the 2016 Comprehensive Plan, proposes a Low Density Residential
land use for this neighborhood. The Low Density Residential Land Use Classification is defined
in the Comprehensive Plan:
"Low Density Residential because of location or poor site conditions is intended for large -lot
single-family low -density residential development. The area will typically be developed with
individual on -site water supply and wastewater disposal systems. Streets will typically be
constructed to rural street standards (i.e., gravel) and sidewalks will not be typically included in
the subdivision design. Rural Residential becomes Low Density Residential to avoid confusion
with zoning category"
The parcels proposed for rezoning have a similar land use, lot size and orientation, individual on -
site water supply and wastewater disposal systems, with low density, and no sidewalks.
The 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan supports this rezoning in:
• Goal 1 — Quality of Life: Promote and encourage quality of life in Kenai.
o Q-4: Promote the siting and design of land uses that are in harmony and scale with
surrounding uses. A rezoning to RR-1 would align with the current low density
residential character of the neighborhood.
The Kenai Planning and Zoning Commission considered this request during their meeting on May
25, 2022 and unanimously recommended City Council approve of the rezone request from the
Rural Residential Zone to the Rural Residential-1 Zone. Thank you for your consideration.
Attachments:
Exhibit A and Parcel List
Rezoning Application
Planning and Zoning Commission Resolution PZ2022-12
Comments received after May 25, 2022 Planning and Zoning Public Hearing
Page 3 of 3
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REIVEPity of Kenai
�" tinning a d Zoning Department
Rezoning'�� III l „� ��� I�` ""� N�: 210 , idalgc� Avenge
ire ai, ABC 99611
an'3ing@kenaixity
.kenai.city/planning
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Name: Jerry C. Huf
Mailing Address: 765 A rn e s Road City: Kenai State: A14 Zip Code: 99611
Phone Number(s): 907-394-694
Email: rustyhuf@yahoo.com-
/
e//�i/,
Kenai Peninsula Borough Parcel (s):
Physical Address: 710 Dolchok Kenai
Legal Description: T 5N R 11 W SEC 1 Seward Meridan:KN 0830173 Basin View Sub Part 3 Lot 3 Block 5........., .�
r
Present Zone: RR
ProposedZone:. RR1..,._........_�._.._.....,...�_.�.___.�.........�_�_......,_....�._...�,-.,. __....-.w......_.__..._..
Intended Use and/or reason for Rezoning (attach additional sheets if necessary):
......�� _.........
1... Protect the rural, open quality of the. residential neighborhood.
2. Preserve the residential character of a low density neighborhood environment.
3. Maintain the value of property, both monetary and non -monetary (quality of life for residents, use and enjoyment of their
property),
4. Consistent with the City Comprehensive plan, specifically protect the livability of the existing neighborhood.
r ���M
The area proposed to be rezoned contains a minimum of 1 acre (excluding street or alley rights- YES
of -way), unless the amendment enlarges an adjacent zoning district boundary.
This proposed amendment to the zoning ordinance is not substantially the same as any other-..�..�._. mml YES .�
unapproved proposed amendment submitted within the previous 9 months.
I understand a public hearing M is required as W outlined in the Kenai Zoning �Code, Mam 250 fee isW� _..._:
required ($265 total after tax), and that this application will be reviewed following Kenai City YES
Code14.20.270, available at kenai.municipal.codes/KMC114.20.270.
. .. .
I have included a map of the proposed rezone area and applicable signatures.�YES
The proposed Zoning Code and Official Zoning Map Amendments is initiated by (check one):
❑ Kenai City Council
El Kenai Planning & Zoning Commission
Petition of majority of the property owners in the area to be rezoned
0 Petition bearing the signatures of 50 registered voters within the City of Kenai
Petition as provided by the Home Rule Charter of the City of Kenai
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO.2022-12
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THE COUNCIL OF THE CITY OF KENAI APPROVE THE
REZONE REQUEST AS DEPICTED ON THE REZONING BOUNDARY MAP AND
ADDRESS LIST FROM RURAL RESIDENTIAL TO RURAL RESIDENTIAL-1
WHEREAS, the City of Kenai received a rezone application from the majority property owners in
accordance with Kenai Municipal Code 14.20.270, Amendment procedures; and,
WHEREAS, the area proposed to be rezoned contains a minimum of 1 acre (excluding street or
alley rights -of -way); and,
WHEREAS, the proposed amendment to the zoning ordinance is not substantially the same as
any other unapproved proposed amendment submitted within the previous 9 months; and,
WHEREAS, a map has been included of the proposed rezone area and applicable signatures;
and,
WHEREAS, The RR-1 Zone is intended to provide for low density residential development in
outlying and rural areas in a form which creates a stable and attractive residential environment;
and,
WHEREAS, access to the area to be rezoned is provided via Beaver Loop Road, Dolchok Lane,
Cub Court, Kim N Ang Court, Basin View Way, and Ames Road; and,
WHEREAS, the Conditional Use Permit for a B&B at 909 Ames Road is a conditional use in the
RR-1 zoning district; and,
WHEREAS, the Conditional Use Permit for a Guide Service at 909 Ames Road and a Welding
Fabrication Facility at 911 Ames Road are not permitted in the RR-1 zoning district and would be
considered a nonconforming use in the RR-1 zoning district; and,
WHEREAS, the rezone is consistent with Goal 1 -- Quality of Life: Promote and encourage quality
of life in Kenai of the 2016 Imagine Kenai 2030 City of Kenai Comprehensive Plan.
NOW, THEREFORE, BE IT RECOMMENDED BY THE PLANNING AND ZONING COMMISSION
OF THE CITY OF KENAI, ALASKA:
Section 1. That the Kenai City Council approve of the rezone request of the attached rezoning
boundary and address list from Rural Residential (RR) to Rural Residential-1 (RR-
1).
Resolution No. PZ2022-12
Page 2 of 2
Section 2. That a copy of Resolution PZ2022-12 be forwarded to the Kenai City Council.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 25th day of May, 2022.
4,
JEFF TW 11 yt, CHAIRPERSON
ATTEST:
MEGHAN TI-118008AU, DEPUTY CITY CLERK
Padgett
855 Ames Road
Kenai, Alaska 99611
Kenai City Council
210 Fidalgo Avenue
Kenai, AK 99611
RE: Support for Resolution No. 2022-12 A
Dear Sirs:
We would like to voice our support for the Resolution No. 2022-12 A, recommending
the approval of rezoning our property from Rural Residential to Rural Residential 1.
We did not sign the original petition in an effort to maintain a neutral position
regarding the rezoning. After attending last night's Planning & Zoning meeting, we
would like to take a position supporting the rezoning. Please include this letter
with the pack to be presented to the Kenai City Council.
The descriptions of our three properties are shown below:
Parcel 04949025 Private Vacant 835 AMES RD 1.5 T 5N R 11 W SEC 1 SEWARD
MERIDIAN KN 2003021 TIDE VIEW HEIGHTS PADGETT REPLAT LOT
12A-2
Parcel 04904098 Private Residential 855 AMES RD 5.91 T 5N R 11 W SEC 1 & 2
SEWARD MERIDIAN KN 0930085 TIDE VIEW HEIGHTS SUB LOT 13A
Parcel 04949057 Private Vacant 2.52 T 05N R 11 W SEC 2 SEWARD MERIDIAN
KN 2019067 THE LAKE AT KENAI 2016 ADDN PHASE 1 LOT 10
Please contact me at 907/350-2103 if you have questions or concerns.
Sincerely,
Mack Padgett
1�6x, 4�41
Carol Padgett
3O5OKim NAng[t,
Kenai, Alaska 99611
(907)398-3I17
May 3O'2OZ2
The City of Kenai Alaska City Mayor and City Council
Subject: Rezoning Application PZ2022-12 Review
Honorable Mayor and Members: VVethe owners ofLot 23Block 4ofBasin View Subdivision
request that you review our attached list of disagreements prior to the approval of the proposed
Rezoning change to our subdivision. We not only find the petition unwarranted but the true
facts of which stems to the root of the problem has not been addressed. We would request you visit our
subdivision, Basin View, prior to your meeting for approval on this Resolution and we will challenge you
tushow justification why these new rezoning restrictions are necessary.
After reviewing our subdivision take a trip down Beaver Loop Road and review the affected properties
there, after that take a trip down Ames Road and hopefully you will see why after 40 years living in
Basin View we disagree with the rezoning. If anyone needs the rezoning Ames Road does, so do not
change our subdivision just to pacify the desires of seven residences who are the
instigators of this smoke screen.
Sincerely,
Charles Eubank
3OG0Kim NAngL%,
Kenai, Alaska 99611
(907)398-3117
May 8U,2022
Kenai City Council
Subject: Planning and Zoning Commission Resolution PZ2022-12
Dear City Council Members:
We are residents and the owners ofLot 23, Block Basin View Subdivision. We have lived in this
subdivision 39yeam making usthe oldest residents. Fortunately, being retired we are able to seek
warmer climates in the winter for old bones, but unfortunately being away, we are handicapped when it
comes to changes to our neighborhood even though we still receive our mail at our residence 3050 Kim
N Ang Ct., Kenai, Alaska along with we have provided contact information to our homeowner's
association sovvecould benotified ofchanges that impact our property. The monetary value ofour
could significantly change because of this proposed Zoning Resolution and we expect it to decrease in
value. In this case we had a disagreeable discussion with the elected President of our Homeowner's
Association referencing this very subject, he knew our position on why this proposed rezoning was not
our desire yet he conveniently failed to notify us of his attempt to change the zoning and as you can see
the date of the proposal, conveniently to him which we were out of the area.
History of conflicts within Basin View Subdivision
|nour first 37 years we had the Superintendent of public schools tried to operate a sled dog
team out ofhis residence, his effort was stopped by the City ofKenai Animal Control Division
and by using our subdivisions, no sled dog provision to our covenants that was enforced by the
Circuit Court. An additional animal control problem was highlighted when my Labrador Retriever
was accused of eating a neighbor's bird seed ' oh well I guess even a dog can have a weak
moment, but | had inpay toget her out ofdog jail.
Year 2021, our Subdivision's owners were united and successful in rejecting a fishing guide
operation and Bed and Breakfast on a lot within the subdivision. The action was possible due to
subdivision covenant and it protected our subdivision's single family dwelling clause along with
the no commercial business restriction.
Year 2022 the most unnecessary proposal that we have seen in our 39 years. It will have a
negative effect on our self -governed way of life that we have enjoyed since we purchased our
property. The contract as written when we purchased our property contained covenants we
desired and has worked well when used in conjunction with state, borough and city permits and
restrictions. These controlling factors have always protected our subdivision with the exact
reason for rezoning given onthe PZ2822-12Rezoning Application, sowhy change zoning?
Now we have a group of property owners from another adjoining subdivision of which have no
protection of an existing Covenants and no Homeowners Association that protect their property
come into our subdivision go door to door and spread unproven rumors of what they say is
illegal activities that have been happening at a guide service and that the City of Kenai and the
Police Department (will not take any action) to remove the guide service conditional use permit.
We summarize that they are of a belief that complete rezoning of our subdivision, and the other
adjoining selected lots/subdivisions will cure this great threat of Guide business invasion into
all adjoining subdivisions. This only sends a message to us that they believe the more
restrictions that are placed on individuals or communities will fix everything. We have only
found in our 76 years of life the less government intervention and unnecessary regulations fits a
more harmonious way oflife and everyone seems toget along better.
It seems that when individuals or groups of individuals are proven to be habitual complainers at
City Hall and are only attempting tn cause unwarranted disruption in other residents' way oflife
just to satisfy their desires, these folks need to be informed that this pattern cannot continue
and will not be tolerated. Also, all petitions they submit should be closely scrutinized and validity
of their complaint or action be proven. This is the City of Kenai's responsibility. Please dosome
reinvestigating before allowing a requested action to Bm forward and waste's the [it/stime and
money.
What effect will rezoning have on us personally as property owners, and others and what has
mandated this request for rezoning.
1] It will limit conditional use permit categories of which could have a negative effect
on the City's Comprehensive Plan by reducing the taxable income from businesses
tothe city.
Zj Working from home since COVID and beyond must have its license requirements,
since it is a business and generates income and is reportable to the IRS. It falls into
the land use code of Personal Services we guess of which is not available under the
RR1 code. This alone is one more unnecessary element that rezoning causes and do
not try to push it aside because it is a required subdivision item, which is a business
and is to be treated as such so what conditional use code fits this situation?
8.) Our property value along Beaver Creek which has Kenai River access frontage of
which in this case, is all that matters. It will suffer or be reduced by limiting the sale
of our property to selected groups and will eliminate any possibility of a guide
service getting a Conditional Use Permit, even though there are numerous permits
with a quarter mile of our property. This is not allowing us to have equal treatment
asthose who have Conditional Use Permits that are located onadjacent
subdivisions i.e.: Jack Webb Subdivision and Angler Drive, ofwhich Jack Webb is
part of the rezoning and is directly downstream of our property and will enjoy their
Conditional Use Permits being grandtsLheredand transferrable. Asyou can see, vve
are going to be penalized and all properties in each area should be treated equally
asfar as use restrictions. One statement | will add is the individual who initiated the
rezoning application stated to me that his desire was to stop boat traffic on the
upper portion ofBeaver Creek which hewants tobeariver cop and believes
rezoning will result in less boat traffic due to eliminating Conditional Use Permits.
4j If rezoning is approved, then we can foresee an increase in our property tax since
we will be living in a more highly regulated area and will be receiving nothing extra
as far as services from the City or Borough. This to me is not the answer that more
restrictions may bring.
5] For the residence of the Jack Webb subdivision these individuals should get some
akin in the game before trying 10 change zoning and portray iLasthe cure all for
their problem and ours in Basin View Subdivision. We the residents/owners of Basin
View are being used as a tool by the residents of Jack Webb to sell this rezoning as a
cure-all to their subdivisions problems and not the weak reason of protecting the
residential character of the neighborhoods. The residential character of our Basin
View Subdivision has experienced no change in 40 years except the spruce beetles
have killed thousands of trees, so why not concentrate our efforts on items that
come up that require attention and stay out of the infighting in other subdivisions?
We do not need rezoning; the instigators of this rezoning plan do.
G] The code only places additional restrictions on property owners and will not cure
the existing cause of the problem, simple solution, the City needs to enforce the
restrictions they have on conditional use permits, since a guide business bordering
on Ames Road has been accused of operating an illegal business and residence at
the end ofAmes Road have had nohelp from the City addressing the problem they
have. Get tothe heart ofthe problem and address the concerns and leave others
out ofit. Stop using the shotgun approach byshooting ateveryone and hope you hit
the right solution that will cure all.
Why not rezone?
1.) This isaclear case VfSPOT ZONING why isthis the case. The City Planning and
Zoning Department has taken anentire area, which includes webelieve, five
different subdivisions and portrayed hasone, Basin View Subdivision, we believe
this is an attempt to cover up Spot Zoning (see attached definition of Spot Zoning)
and only show one subdivision with which they are dealing with, we believe Basin
View is the only one protected by covenants?
2.) Review the Rezoning Application. Mr. Hufthe Petitioner listed his address as76G
Ames Road of which is not part of Basin View Subdivision and his property as Basin
View of which he has indicated he owns. One problem is he dated his application 20
years ago of which is no big deal all of us live somewhere in the past, but what is
important all property owners listed onthe Rezone Application -Basin View
Subdivision do not live in Basin View, is this a smoke screen to cover up Spot Zoning,
and tnadd tothat, why are more than one name listed for same properties. All the
property owners in Basin View were not notified of these proposed changes since
they were out of state, but the President and Secretary of the Basin View had there
mailing address and phone number, and noattempt was made tocontact them,
3j The Conditional Use Permits are auseful too] and should beused and their
conditions policed, not eliminated, some residents have indicated they desire
elimination to take place, which is not a smart request.
4] In this case we know that the residents of Jack Webb Subdivision and the individual
residents whose property abuts Fosters Fish Camp/Guide Service, have complained
to the City of accused illegal activities for years and we believe that their frustration
with noaction from the City has led to this uncalled for, Rezoning.
5.) What is the Oty'scomprehensive zoning plan for the area, and ifthere isnone why
not?
6.\ All properties are not equal as far as accessibility to special activities, river access,
fishing and the convenience of having dock facilities adjacent to your property. I
personally have knowledge there are numerous docks on Beaver Creek that are not
in compliance with their owners Kenai River Dock Permits, do we want to open this
can of worms, also how about the other businesses that are operating that do not
have Conditional Use Permits?
7j You have residence within Basin View Subdivision taking photos of people awaiting
a Guide business to take them fishing, do we really know the whole story. We have
personal family friends that visit each year from other countries that park their
rented recreational vehicle at our residence and have full use ofour docking facility,
Must vvelook forward tutheir being harassed and usbeing accused ofillegal
activities, well to be honest with you if that happens, they are opening a hornet's
nest.
Our recommendations and we hope you are open to considering them.
1] Do not approve new rezoning restrictions to cover up the Cities lack of enforcement
of the more than adequate, permits that are available and serve as restrictions
when used along with subdivision covenants, City ordinances and State law.
2] Look at the entire area at the different zoning that will be in place and ask if each
property is being treated equally, that answer will be NO, so we request this
rezoning not be approved.
3.\ Last thought, stop using the shot gun approach byshooting inthe breeze and
hoping you hit the intended target, just concentrate your efforts on the specific
offenders byenforcing the existing regulations soplease dmnot make more
restrictions we have enough.
Our final statement is that vvewould like Lothank the City ofKenai for their support ofthe
Community for our 4Oyears of residency, so please review this action and you will hopefully see
how this is just a smoke screen to cover up the real problem am dot by no means fits the
categories listed in the intended Use and/or reason for Rezoning indicated on the Rezoning
Application dated 4/27/2DD2.
Charles E. Eubank
11
"Spot zoning" is f of jght of as zonkig riot in accordance with
comprehensiveplan, but -for mere private gain tofavor or benefit
particular individual r group of indWiduals andnot the welfare of the