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Home My WebLink AboutResolution No. PZ2022-22KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2022-22 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A HOME OCCUPATION PERMIT FOR MUSIC INSTRUCTION AT 112 LINWOOD LANE APPLICANT: Deborah Sounart PROPERTY OWNER: Michael R. Sounart and Deborah F. Sounart PROPERTY ADDRESS: 112 Linwood Lane, Kenai, Alaska 99611 LEGAL DESCRIPTION: Lot 1A, Eventyr Subdivision Sounart Replat KENAI PENINSULA BOROUGH PARCEL NUMBER: 04515423 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.230(e) -Home Occupations - Permit Application was submitted to the City on August 1, 2022; and, WHEREAS, the applicant meets the intent of the Home Occupations chapter specified under Kenai Municipal Code 14.20.230(a) - Home Occupations -Intent, as her proposed music instruction will be an accessory use so located and conducted that the average neighbor would not be aware of its existence under normal circumstances; and, WHEREAS, music instruction is a permitted use with a Home Occupation Permit under 14.20.230(b)(6) - Home Occupations -Uses Permitted; and, WHEREAS, the applicant has demonstrated with plans and other documents that she meets the development requirement 14.20.230(d)(1) for a Home Occupational Permit for music instruction; and, WHEREAS, the applicant has demonstrated with plans and other documents that she meets the development requirement 14.20.230(d)(2) for a Home Occupational Permit to use no more than thirty percent (30%) of the gross floor area of all buildings on the lot for the home occupation, and, WHEREAS, the applicant has demonstrated with plans and other documents that she meets the development requirement 14.20.230(d)(3) for a Home Occupational Permit to carry on the home occupation wholly within an enclosed principal building; and, Resolution No. PZ2022-22 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a Home Occupation Permit is granted to Deborah Sounart for music instruction. Section 2. That the Home Occupation Permit is subject to the following conditions: 1) Applicant must comply with all federal, State of Alaska, and local regulations. 2) Pursuant to KMC 14.20.230(f), a home occupation permit is not transferable to another person or location. 3) If the applicant decides to put up a sign for her business, she will first obtain a sign permit from the City. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 24th day of August, 2022. 4W JEFF TWAIT. CHAIRPERSON ATTEST: t4g� MEGHAN THIBOD AU, DEPUTY CITY CLERK r OV ,�tav K E N A City of Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 wwwwkenaixity STAFF REPORT TO: Planning and Zoning Commission FROM: Max Best, Interim Planning Director DATE: August 16, 2022 SUBJECT: PZ2022-22 — Home Occupation Permit — Music Instruction Applicant: Deborah Sounart 112 Linwood Lane Kenai, AK 99611 Legal Description: Lot 1A, Eventyr Subdivision Sounart Replat Property Address: 112 Linwood Lane KPB Parcel No: 04515423 Lot Size: Approximately .61 acres (26,572 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Residential — Single Family Dwelling Land Use Plan: Suburban Residential (RS) GENERAL INFORMATION The City has received an application for a Home Occupation for music instruction. The subject parcel is located in the Suburban Residential (RS) Zone of the City of Kenai. Kenai Municipal Code (KMC)14.20.320 — Definitions gives the following definition of a home occupation: "Home occupation" means an accessory use carried out for remuneration by a resident in the resident's dwelling unit. Music Instruction is a permitted use for a home occupation under KMC 14.20.230(b)(6) — Home Occupations — Uses Permitted. Applicant states that the music lessons will be private, meaning one student at a time. Because of this, the traffic impact should be negligible. Also, lessons will be given only two days each week from late September through April. Application KMC 14.20.230(e) — Home Occupation — Permit Application details application requirements for home occupation permits. City staff deems the application to be complete. Public Notice, Public Comment KMC 14.20.230(e)(4) states Notice of the consideration by the Commission of a home occupation permit application shall be published once at least two (2) days prior to the meeting in a paper of general circulation in the City of Kenai. City staff published in the Peninsula Clarion more than two (2) days prior to the Planning and Zoning Commission meeting considering the home occupation permit No public comments have been submitted to the City about the application. ANALYSIS KMC14.20.230(a)(b) — Home Occupations — Intent, Uses Permitted Intent. It is the intent of this chapter to permit home occupations that are compatible with other permitted uses and with the residential character of a neighborhood, and that are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses only so long as all the development requirements listed in this section are observed. The proposed music instruction meets the intent of City Code for home occupations because it would be an accessory use of the applicant's residence and the average neighbor would not be aware of the use. Parking is available in applicant's driveway for parents to drop off children for their lessons or park while taking their lessons. Kenai Municipal Code 14.20.230(d) — Home Occupations — Development Requirements Kenai Municipal Code 14.20.230(d) sets forth the development requirements of a Home Occupation, as follows: KMC14.20.230(d)(1) Not more than one (1) person outside the family shall be employed in the Home occupation. Requirement Met: The applicant states that she will be the only person providing music instruction. • Kenai Municipal Code 14.20.230(d)(2) No more than thirty percent (30%) of the gross floor area of all buildings on the lot shall be used for the home occupation. Requirement Met: Applicant has submitted a drawing detailing the area being used in the residence for music instruction. This area is 340 square feet and is less than 30% of the gross floor area. Page 2 of 3 �� The City of Kenai I www.kenai.city r-- V • KMC 14.20.230(d)(3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Requirement Met: The applicant's residence will be the only building used for the music instruction. Kenai Municipal Code 14.20.230(h)(2) — Fire Code Inspections Residences which are the subject of a home occupation permit application (other than day care facilities) may be required to be inspected by the Fire Marshal for compliance with the Fire Code (KMC 8.05) prior to approval of the permit, if the Fire Marshal determines it is necessary for public safety. The Fire Marshal for the City of Kenai indicates that a fire inspection is not required for the type of activity. RECOMMENDATIONS Planning staff finds that the applicant meets the intent, uses permitted, and development requirements for a Home Occupation Permit as outlined under KMC 14.20.230 — Home Occupations. Planning staff recommend that the Planning and Zoning Commission approve the Home Occupation Permit application, subject to the following conditions: 1) Applicant must comply with all federal, State of Alaska, and local regulations. 2) Pursuant to KMC 14.20.230(f), a home occupation permit is not transferable to another person or location. 3) If the applicant decides to put up a sign for her business, she will first obtain a sign permit from the City. ATTACHMENTS 1. Application 2. Site Plan 3. Floor Plan 4. Aerial Map it - Pa ge 3 of 3 The City of Kenai I www.kenai.city r� Home Occupation Permit ;'.P Iication City of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@kenai.city www.kenai.city/planning Name: 0 t , p a r -t Mailing Address: I I a (,i n w -o od kA n.(• - City: no --i State: A I jZip Code: I9 / Phone Number(s): U Y 3 - ;t /.�L .3 Rnc 9 6 9� 3 9?- 3.2 3a Email: 0. S o u_ ar S m • crv- IT i r. Name: Mailing Address: City: I State: jZip Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Propery Tax ID): $ /.S� S/d .3 Physical Address: I I I a- Li r) Ajo od 11.s-- Kena; Legal Description: I `T (oN 1) W e .3 y w& r dio n K YU o26 08'9 Ver Zoning: u I- o- Ir ha n r/ )O& 16 / 119 Home occupation use (attach additionalsheetsif necessary): !� re,t`veit- / "S%r pz PSSOl)S 0_& S � d /s� morin ¢a Q �°r U�a P 6 /�er�z�' E 13 Amrm v7a Home occupations are accessory uses conducted so the average neighbor would not be aware of its existence. Describe how the home occupation is compatible with other permitted uses and with the residential character of thernreighborboo0d:: M eAn�'4 OYu 2 C8i u sae b/�u c fit Roa ct,eie I rn s t" � .Qa Q � dem A -L' '�-4 '�A4'�A S7icat n i' al 4 i iZs c. ch AL& Will you place a sign on the property for your home occupation? (allowed with an approved sign permit) ❑ YES C9'1V0 RECEIVE® CITY OF KENAI DATE S-I-Zb PLANNING DEPARTMENT S�6 Will no more than one person outside of the family be employed for the home �f occupation? tJ YES Will no more than 30% of the gross floor area of all buildings on the lot be used for the home occupation? 10/YES Will the home occupation take place in a wholly enclosed principal building or 2"YES other building accessory to the principal building on the property? AUTHORITY TO APPLY FOR HOME OCCUPATION PERMIT: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a home occupation permit in conformance with Title 14 of the Kenai Municipal Code. I understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose rocessing this appli ation Signature: Date: Print Name: uta -f Title/Business: I b 6o#,&A , una,7' Fire Inspection Status: For City Use Only Date Application Fee Received: PZ Resolution Number: PZ-] 4y2-a'], 8/1/22, 2:26 PM I ((( Basic Map Viewer I. \\Basic Tools k PARCELID: - 04515423 Private Residential o Owner: r,? "`ova,, SOUNART MICHAEL R Add to Results View Additional Details r Run a Report ens �arn.n � Geocortex Viewer for HTML5 Search... 0 0 m Cjgii lig Tool Labels X r wss 0 50 100ft, htips!itgis.kpb.us/map/index.html?viewer=basic I=F� 811122, 2:46 PM Cityt�— Cit of g�I .. 4 City of Kenai - Zoning App (Public) 112 Linwood Ln, Kenai, AK, 99611, L X (� Show search results for 112 Lin... .. 11 (1 of 2) - 7— ilk -- �r Parcels: 04515423 a A -1.192 60.62 Degre ' mmi httpsllkenai.maps.aregis.com/appstwebappviewerMdex.html?id=03529tb54b44433b PARCEL–ID 04515423 TAXAREA 30-KENAICITY USAGE 112 Residential Dwellings 2-4 SITUS_ADDR 112 LINWOOD LN ACREAGE 0.61 LEGAL T 06N R 11 W SEC 34 SEWARD MERIDIAN KN 2016089 EVENTYR SUB SOUNART REPLAT LOT 1A OWNER SOUNART MICHAEL R ATTENTION ADDRESS 112 LINWOOD LN CITYSTATE KENAI, AK 99611 LANDVAL 19,300 , Zoom to �� A.! • 38dfe462e9b580a9 1/1 WON mirm mifftw Za 5 Fg,� puK�Tn 00H 4's gg9�i�Y � �00H 4'J < Q pY a a� a JI lad s t6 re WI 09 it=r9 O m Fg,� puK�Tn 00H 4's gg9�i�Y � �00H 4'J < Q pY a a� a x� s t6 it=r9 O m Fg,� puK�Tn 00H 4's gg9�i�Y � �00H 4'J < Q pY a a� a O Rtg `< g a NO g"� A 113 = Xm. y�. K� � �FI Np� L'W yQyQ a MH �c w SCO90'15'E 198]3' 99.06 90.06 b 40 79.06' 99.05' 0'N g6.1J' L/lJWOOD LANE _ __ _ ------ _____ _ _ SOOW'10'E 680.J0' I lapR 66' RW Fg,� puK�Tn 00H 4's gg9�i�Y � �00H 4'J < Q pY a a� a U n CV �N 3 �- vpSfG%r5 l- M N � � N J u o � M v a J a_ J V r l Kenai Peninsula Borough f,ls im,isloii PARCEL REPORT PARCELID:0451S423 8/11/2022 11:04 Total Acreage: 0.61 -OIL I Irl -r \ +.wl� \ww R ,[.,.yam. Ll •' T. �V ,. �/ ��,�,,�,,�� lV:� }•1�'' YVI �i SYIE. L' b�o 'nn 10 iii► \�'\ • - COL'ONU t.DR •-� J:. -. r_ ., r,� ? S VII • 1f al GULONI7CL _RL ' •1. Y� 1 `. 1. rg • ` G•- j\ }�� • ix. k L fill.4 • `.,�`1a ate' f . t'['�•r'r� �� . tot.,... ,�.•}1 e z JIi y� w- nJ.`,`'LTAWTODR �p.,..r } ,�,t s, l LEGAL DESCRIPTION: T 06N R 11W SEC 34 SEWARD MERIDIAN KN 2016089 EVENTYR SUB SOUNART REPLAT LOT IA ALL PHYSICAL ADDRESSES ON THIS PARCEL: 112 LINWOOD LN LAND VALUE: $19,500 ASSESSED VALUE: $361,100 IMPROVEMENT VALUE: $341,600 TAXABLE VALUE: $311,100 BUILDINGS ON THIS PARCEL: OWNERS: Building Type Square Footage Year Built Name: 2+ L FRAME 1,968 1984 SOUNART DEBORAH F CNPY/ 75 2016 Address: AOG 1,080 2002 112 LINWOOD LN KENAI, AK 99611 Name: SOUNART MICHAEL R The data displayed herein is neither a legally recorded map nor survey and should only be used for general reference purposes. Kenai Peninsula Borough assumes no liability as to the accuracy of any data displayed herein. Original source documents should be consulted for accuracy verification.