HomeMy WebLinkAboutResolution No. PZ2024-18CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024-18
A RESOLUTION DENYING THE APPLICATION FOR A VARIANCE PERMIT.
APPLICANT: Richard R. Moses
PROPERTY ADDRESS: 11888 Kenai Spur Highway #3
LEGAL DESCRIPTION: Government Lots 19, 20, and 21, in Section 6, Township 5 North,
Range 11 West, Seward Meridian
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04702001
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.180(b) was submitted to the City on May 24, 2024; and,
WHEREAS, the applicant has not demonstrated 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 August 14, 2024, following requirements outlined in Kenai Municipal Code
14.20.280 for public hearings and notifications.
WHEREAS, the Planning and Zoning Commission finds:
1. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the same land
use or zoning district.
Findings: Staff finds no special conditions or circumstances peculiar to the land or
structures of the subject parcel to meet this criterion.
2. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience.
Findings: Staff finds that the requested variance is intended to redress a pecuniary
hardship or inconvenience caused by actions of the applicant. The applicants indicate that
the building only has value as a commercial marijuana establishment. There are many
other uses permitted in the General Commercial zoning district. The inability to operate a
retail marijuana store does not substantially diminish economic opportunity. Therefore, the
request for a variance permit does not meet this criterion.
Resolution No. PZ2024-18
Page 2 of 2
3. The granting of the variance shall not authorize a use that is not a permitted principal use
in the zoning district in which the property is located.
Findings: Pursuant to KMC Section 14.22.010 Land Use Table, a retail marijuana store is
not a permitted principal use in the General Commercial Zoning District, but instead
requires a conditional use permit. Therefore, the request for a variance permit does not
meet this criterion.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
Findings: The granting of this variance would be the minimum variance by allowing the
applicant to operate a retail marijuana store within approximately 332 feet of the outer
boundaries of the nearest recreation or youth center.
5. The granting of a variance shall not be based upon other nonconforming land uses or
structures within the same land use or zoning district.
Findings: An excerpt of the applicants' statement from another section of the application
states "...another marijuana retail facility was granted a variance to operate within 250
feet of a recreation or youth center. Accordingly, there is precedent for the grant of such
a variance." Therefore, the request for a variance permit does not meet this criterion.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the request for a variance permit to reduce the buffer distances as set forth in
Kenai Municipal Code 14.20.330 be denied as it does not meet all of the requirements
of KMC Section 14.20.180 Variance Permits.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 14T" DAY OF AUGUST, 2024
EAD, CHAT SON
ATTEST:
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Meghan Thibod au, Deputy City Clerk
x; STAFF ZONING DEPARTMENT
PLANNING
TO: Planning and Zoning Commission
FROM: Max Best, Planning Director
FROM: Brandon McElrea, Planning Technician
DATE: August 7, 2024
SUBJECT: Resolution PZ2024-19 — Conditional Use Permit to Allow a Retail Marijuana
Store and Resolution PZ2024-18 — Variance Permit for Buffering Distance.
Request The applicant is requesting a conditional use permit to operate a retail
marijuana store, as well a variance permit to obtain relief from the
ordinance for standards for commercial marijuana establishments.
Staff Denial of the Variance Permit for the adjustment of buffer distance as
Recommendation well as the Conditional Use Permit for the operation of a retail marijuana
store within an approximately 1,600 square foot commercial space
located at 11888 Kenai Spur Highway, #3.
Applicants Sandra and Troy Millhouse
Property Owner Troy Millhouse
Legal Description Government Lots 19, 20, 21, Section 6, TSN, R11 W
Building Address 11888 Kenai Spur Highway
KPB Parcel ID 04702001
Lot Size (acreage) 1.67
Zoning General Commercial (CG)
Current Property Unoccupied Commercial Buildings
Use
Current Building Unoccupied Commercial
Use
Land Use Plan General Commercial (GC)
SUMMARY
The applicant has requested a Conditional Use Permit (CUP) to operate a retail marijuana store
on a property described as Government Lots 19, 20, and 21, Section 6, Township 5 North, Range
11 West, Seward Meridian, Kenai, located at 11888 Kenai Spur Highway. The proposed retail
store will be approximately 1,600 square feet and located in unit number three (3) of an
approximately 9,332 square foot existing commercial building.
The applicant has also requested a Variance Permit in order to obtain relief from Kenai Municipal
Code (KMC) Subsection 14.20.330(f)(2).
It should be noted that request for a Conditional Use Permit on this same property by a separate
applicant was denied on June 22, 2016, PZ16-17. This decision was upheld by the Board of
Adjustment, Case No. BA-16-03.
ANALYSIS — Variance
With the authorization of property owner Troy Millhouse, Richard R. Moses has submitted a
variance permit application seeking relief from of KMC Subsection 14.20.330(f), requesting the
buffer distance be adjusted such that the proposed marijuana retail store be considered.
Commercial marijuana establishments must comply with KMC 14.20.330 Standards for
Commercial Marjuana Establishment. As stated in KMC Subsection 14.20.330 ft
No portion of a parcel upon which any commercial marijuana establishment is located
shall be permitted within the following buffer distances:
(1) One thousand (1,000) feet of any primary and secondary schools (K-12) and
five hundred (500) feet of any vocational programs, post -secondary schools,
including but not limited to trade, technical, or vocational schools, colleges
and universities, recreation or youth centers, correctional facilities, churches,
and State -licensed substance abuse treatment facilities providing substance
abuse treatment, and
(2) Bufferdistances shall be measured as the closest distance from the perimeter
of a stand-alone commercial marijuana establishment structure to the outer
boundaries of the school, recreation or youth center, or the main public
entrance of a church, correctional facility, or a substance abuse treatment
facility providing substance abuse treatment. if the commercial marijuana
establishment occupies only a portion of a structure, buffer distances are
measured as the closest distance from the perimeter of the closest interior
wall segregating the commercial marijuana establishment from other uses, or
available uses in the structure, or an exterior wall if closer, to the outer
boundaries of the school, recreation or youth center, or the main public
entrance of a church or correctional facility, or a substance abuse treatment
facility providing substance abuse treatment.
Within the 1,000-foot buffer map (see attachment), staff found no institutional uses.
Therefore, the proposed retail marijuana store is located outside the 1,000-foot buffer from
any primary and secondary schools (K-12).
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 2 of 8
The 500-foot buffer and accompanying maps (see attachments 500 ft Buffer Map, Exhibit
A and Exhibit B) show that within 500 feet of the proposed retail marijuana store, two
parcels contain facilities meeting the definition of recreation or youth center. KMC Section
14.20.320 Definitions states:
"Recreation or youth center" means a building, structure, athletic playing field, or playground, run
or created by a local government or the State to provide athletic, recreational, or leisure activities
for minors, or operated by a public or private organization, licensed to provide shelter, training, or
guidance for persons under twenty-one (21) years of age.
Prior to granting a variance permit, the Commission must find that all of the conditions have been
met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria.
Variance Criteria 1: Special conditions or circumstances are present which are
peculiar to the land or structures involved which are not applicable to other lands
or structures in the same land use or zoning district.
Finding_. Staff finds no special conditions or circumstances peculiar to the land or
structures of the subject parcel to meet this criterion.
Per the applicants' statement "The property in question was purchased after Linda
Mitchell, the (former) Planning Director for the City of Kenai, called Mrs. Sandra Millhouse
and told her that the property in question was outside the 500 foot buffer zone at issue
here. Mr. and Mrs. Millhouse would not have purchased the property in question without
Ms. Mitchell's assurance. In short, they relied upon her assurance to their detriment.
Moreover, this property is currently vacant. Accordingly, its development will increase the
values of surrounding properties as well as the overall aesthetic of the area."
Variance Criteria 2: The special conditions or circumstances have not been caused
by actions of the applicant and such conditions and circumstances do not merely
constitute pecuniary hardship or inconvenience.
Findings Staff finds that the requested variance is intended to redress a pecuniary
hardship or inconvenience caused by actions of the applicant. The applicants indicate that
the building only has value as a commercial marijuana establishment. There are many
other uses permitted in the General Commercial zoning district. The inability to operate a
retail marijuana store does not substantially diminish economic opportunity. Therefore, the
request for a variance permit does not meet this criterion.
Per the applicants' statement "As stated, Mr. and Mrs. Millhouse relied upon Ms.
Mitchelis assurance to purchase the property. Simply put, Mr. and Mrs. Millhouse would
not have purchased the subject property but for Ms. Mitchells mistake. It was entirely
reasonable for Mr. and Mrs. Millhouse to rely upon the Planning Director in this situation.
Additionally, Mr. and Mrs. Millhouse were informed by Ms. Mitchell that another marijuana
retail facility was granted a variance to operate within 250 feet of a recreation or youth
center. Accordingly, there is precedent for the grant of such a variance."
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 3 of 8
Variance Criteria 3: The granting of the variance shall not authorize a use that is not
a permitted principal use in the zoning district in which the property is located.
Findings: Pursuant to KMC Section 14.22.010 Land Use Table, a retail marijuana store
is not a permitted principal use in the General Commercial Zoning District, but instead
requires a conditional use permit. Therefore, the request for a variance permit does not
meet this criterion.
Per the applicants' statement "The property in question is located in the general
commercial zone, which allows for conditional use permits for marijuana retail facilities per
KMC 14.22.010 and KMC 14.20.330(a)."
Variance Criteria 4: The granting of a variance shall be the minimum variance that
will provide for the reasonable use of the land and/or structure.
Finding . The granting of this variance would be the minimum variance by allowing the
applicant to operate a retail marijuana store within approximately 332 feet (Exhibit A) of
the outer boundaries of the nearest recreation or youth center.
Per the applicants' statement "The ballfield(s) in question are actually more than 1,000
feet away from the proposed marijuana retail facility, although within 500 feet of the "buffer
zone" under KMC 14.20.330(f)(1) when measured as the City of Kenai measures. So, the
requested variance is minimal in all practical effect and will allow Mr. and Mrs. Millhouse
to enjoy their property as they see fit and as KMC allows."
Variance Criteria 5: The granting of a variance shall not be based upon other
nonconforming land uses or structures within the same land use or zoning district.
Finding-- An excerpt of the applicants' statement from another section of the application
states "...another marijuana retail facility was granted a variance to operate within 250
feet of a recreation or youth center. Accordingly, there is precedent for the grant of such
a variance." Therefore, the request for a variance permit does not meet this criterion.
Per the applicants' statement "Given that the property in question is zoned for general
commercial and that general commercial allows for conditional use permits for retail
marijuana facilities, this variance will not be based upon other nonconforming land uses
or structures within the same land use or zoning district."
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of public hearing for the variance
permit were mailed to property owners within a three hundred (300) foot periphery of the
subject property. City staff published notice of the public hearing in the Peninsula Clarion
on August 2, 2024. City staff submitted an Affidavit of Posting verifying a sign was placed
on the parcel with information on the public hearing for the variance permit request.
As of the date of this staff report, one public comment has been received (See Public
Comment Attachment).
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 4 of 8
STAFF RECOMMENDATION
Staff finds that the proposed Variance Permit application requesting buffer zone
adjustment does not meet the criteria for issuance of a Variance Permit as set forth in
Kenai Municipal Code Section 14.20.180(c), and hereby recommends that the Planning
and Zoning Commission deny the proposed Variance Permit application. The decision of
the Planning and Zoning Commission is subject to appeal, pursuant to KMC 14.20.290.
ANALYSIS — Conditional
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. Prior to granting a conditional use permit, the Commission shall determine
that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review
Criteria are met.
Criteria 1: The use is consistent with the purpose of this chapter and the purposes and
intent of the zoning district.
Findings: The General Commercial Zoning District is described in Section 14.20.120 of
Kenai Municipal Code (KMC) as follows:
The CG Zone is established to provide for areas where a broad range of retail,
wholesale, and service establishments is desirable. Uses are regulated to
concentrate commercial development to the greatest extent possible and to
prevent any uses which would have an adverse effect upon nearby properties.
New single- and two (2) family residential uses and other noncommercial uses,
except as otherwise provided in this chapter, are not permitted in this zone as
principal uses because it is intended that land classified in this zone be reserved
for commercial purposes, and because a commercial zone is not suited to the
uses excluded above.
Retail marijuana stores are a conditional use within the CG Zoning District, therefore a
conditional use permit is required to operate a retail marijuana store. As proposed, the
retail marijuana store would occupy as approximately 1,600 square foot unit of an
approximately 9,332 square foot commercial building. The remaining units of the building
are currently unoccupied.
Given the preceding Variance Permit application not meeting required criteria, staff
believes that pursuant to KMC 14.20.330(f)(2) the findings cannot be made and that the
proposed retail marijuana store is consistent with the purpose of this chapter or the intent
of the zoning district
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 5 of 8
Findi,,( . The economic and noneconomic value of adjacent properties would not be
adversely affected by the proposal. The applicant states that the building is currently in a
state of disrepair, and improvements are planned for both the building and landscaping,
thus enhancing the aesthetics of the property as a whole. Historically the building has
housed an array of businesses including restaurants, billiards halls, thrift/antique stores,
small engine repair, and more. A retail store would generate commercial activity on the
commercial premises, and would be consistent with the existing commercial development.
The operation of any commercial marijuana establishment is subject to KMC as well as
AMCO standards and any code violations may be subject to the revocation of the CUP.
Criteria 3: The proposed use is in harmony with the Comprehensive Plan.
Findings: The Land Use Plan, from the 2016 Comprehensive Plan, identifies the subject
property with the General Commercial (GC) land use classification. The GC Land Use
Classification is defined in the Comprehensive Plan:
General Commercial is intended for retail, service, and office businesses that serve
Kenai and the larger region. General Commercial is appropriate for locations along
the arterial road system. General Commercia-type development requires larger
parcels of land and access to a major road system. It is also intended to support
smaller -scale businesses.
The subject property is surrounded by Kenai Spur Highway to the south and west,
commercial and residential uses to the north, and commercial and airport light industrial
uses to the east. The proposed use would be consistent with the existing commercial
development on the subject property.
KELEVENT GOALS
In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and
Implementation", several goals and objectives are met from the proposed use.
Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai.
Obiective g-4
Promote siting and design of land uses that are in harmony and scale with surrounding
uses.
Goal 2 — Provide economic development to support the fiscal health of Kenai.
Obiective ED-5
Promote adaptive reuse of vacant commercial buildings in the city center and along the
Kenai Spur Highway.
Goal 3 — Land Use is to develop land use strategies to implement a forward -looking
approach to community growth and development.
Obiective LU-2
Promote the infill of existing, improved subdivision lots.
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 6 of 8
Criteria 4: Public services and facilities are adequate to serve the proposed use.
Find! . City water and sewer are available along First Avenue, which is a City -
maintained road. The primary access is off of Kenai Spur Highway, a State -maintained
right-of-way. Staff finds there would be little to no noticeable increase to traffic on the Kenai
Spur Highway. The approximately 1,600 square foot retail unit requires 1 parking space
per 300 square feet for retail use, for a total of 5 parking spaces. Therefore, the proposed
use would not require additional parking spaces. Staff finds that there are adequate public
services and facilities to serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
Findings: Given the preceding Variance Permit application not meeting required criteria
(PZ2024-18), staff believes that pursuant to KMC 14.20.330(f)(2) the findings cannot be
made and that the proposed retail marijuana store consisting of approximately 1,600
square feet would not be harmful to the public safety, health, or welfare.
Criteria 6: Any and all specific conditions deemed necessary by the Commission to
fulfill the above -mentioned conditions. 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.
Finding:: Pursuant to KMC 14.20.330 Standards for Commercial Marijuana
Establishments the following conditions apply to retail marijuana stores:
1 On -site consumption is prohibited on the premises of the proposed commercial
marijuana establishment.
2. The proposed retail marijuana store shall not emit an odor detectable by the public
from outside establishment.
3. The proposed marijuana establishment may not conduct business on, or allow any
customer or consumer to access, the licensed premises between the hours of
5:00a.m. and 8:00 a.m. daily.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.330(c) notices of the public hearing for the conditional
use permit amendment to allow a retail marijuana store were mailed to property owners within a
five hundred -foot (500') periphery of the subject property or expanded until a minimum of 30
different property owners are available for notification. City staff published notice of the public
hearing in the Peninsula Clarion at least seven (7) days prior to the date of the hearing. City staff
submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the
public hearing for the conditional use permit amendment request.
As of the date of this staff report, one (1) public comment has been received.
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 7 of 8
STAFF RECOMMENDATInN
Staff finds that the proposed CUP application for the operation of an approximately 1,600 square
foot retail marijuana store within the existing approximately 9,332 square foot commercial building
on Government Lots 19,20, and 21, Section 6, Township 5 North, Range 11 West, Seward
Meridian, Kenai, located at 11888 Kenai Spur Highway does not meet the required criteria and
conditions for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through
(e)(6) of Kenai Municipal Code (KMC) 14.20.150 and KMC 14.20.330 Standards for Commercial
Marijuana Establishments, and hereby recommends that the Planning and Zoning Commission
deny the Conditional Use Permit application. This decision of the Planning and Zoning
Commission is subject to appeal, pursuant to KMC 14.20.290.
ATTACHMENTS
Exhibit A
Exhibit B
500 ft Buffer Map
1000 ft Buffer Map
CUP Application with Floor Plan
Public Comment
Affidavits of Posting
Variance Permit Application
Notice Mailing List
Resolution PZ2024-18
Variance Permit
Buffer Distance Reduction
Resolution PZ2024-19
Conditional Use Permit
Retail Marijuana Store
Page 8 of 8
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City of Kenai
FEB 28 2024PIanning and Zoning Department
Conditional Use Permit 210 Fidalgo Avenue
F y - r; Toning Kenai. AK 99611
Application (907) 283-8200
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Physical Address:
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Legal Description:
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CONDITIONAL USE DESCRIPTION
(include site ..footages) ""M
finclude State Busine3s License and KPE1 Tax Compliance if applicable)
How is this property currently being used?
Conditional Use Requested for (attach additional sheets if necessary):
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Explain how the conditional use is consistent with purposes and intent of the zoning district of the property:
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use:
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Explain how the conditional use is in harmony with the City's Comprehensive Plan:
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Are public services and facilities on the property adequate to serve the proposed condition use?
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Are there any measures with acce.-s, screening, site development, building design, or business operation t at will
lessen potential impacts of the conditional use to neighbors?
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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 re authorized to access the above -referenced property for the purpose of processing this
application.
Signature:
Date:
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Print Name:.
Title/Business:Dew
For City U Q a.e Application Fee Received:
PZ Resolution Number:
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Property Owner.
MILLHOUSE TROY
PO BOX 874574
WASILLA AK 99687-4574
Change of Address
Owner(s)
Property Search Print Report Property Taxes
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Description
T 5N R 11W SEC 6 Seward Meridian KN GOYT LOTS 19 20 & 21
04702001
11888 KENAI SPUR HWY
9/13/2023
20230071490
1.6700
30 - KENAI CITY
Fear
2021
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$209,300
$209,300
$129,500
S123,300
$123,300
S123,300
$123,300
$123,300
$123:
Imp Assd
$112,900
$262,400
$229.900
$242,400
$244,600
$233.200
$228,700
$225.100
$247
Total Assd
$322,200
$471,700
$359,406
$356,500
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From: Sandra D M'illhouse sandradhbic@yahoo.com B
Subject: Line From kenal canna to church
Date: February 20, 2024 at 8:43 PM
To: Sandra D Millhouse sandradhbic@yahoo.com
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"The Gardens"
Majestic & Magical
Deniece & Ronald Isaacs
12656 Kenai Spur Hwy Kenai AK 99611
907-3983267 Dee 9072529777 Ron 9072834872 stores
July 17, 2024
To: major Kenai, city attorney, planning and zoning, city council & any interested party.
We are expressing our dissatisfaction of the willingness to try to change code, regulations for one person and not
another.
As entrepreneurs we are fully aware of due diligence. Making sure approval is in writing before giving up our life savings
and hawking everything we own. Putting down deposits and paying appraisers for official documentation became a
consequence of this endeavor.
We spent a lot of money finding an approved location within the city limits of Kenai. 3 Different attempts before finding
closing on a location
One of those locations was Swan square. Where we leased the building after the surveys were done, then we were
denied a conditional use permit. Our appeal pleading for collaboration and seeking relief, to change alter existing
properties to compile with state regulations was denied.
The Airport land is leased and is vital to our community. Regulations for public safety for these airports are vital to their
operations. We can only imagine the funding that is supported by the airport. Athletic fields are on that leased airport
land. This land comes practically to swans square back door. The little field at Steven Shearer Memorial Park ball field is
too close at 438'.
The Alaskan Native Elders made an appearance to protest the location so close to where there were developing in old
town. I am sure they would have some more opinions on what is being considered, I will be bringing this to their
attention as well. They have invested tons of money in our community. The church across the street protested as well,
offering buckets of money to prevent a marijuana business at that location. This letter will go to them as well.
Canna Get Happy's; Millhouse should have gotten a conditional use permit BEFORE purchasing the building and gotten
some legal surveys. They are experienced marijuana businesses owners.
Swan Square owners knew full well a marijuana business could not go there, as two had already tried, they received
revenue from those attempts and were denied. Vivian the owner at the time was over seen by her guardian daughter,
Vivian as since passed, they were both aware as they received copies of necessary documents. Vivian did attended a
meeting as I recall.
The city would not change, amend or help in any way to approve our conditional use permit, we were not giving the
option to change anything, in fact we begged for help and consideration in collaborating to find a solution. NONE WAS
GIVEN TO US.
The community, board members and the city officials made that decision not to have marijuana businesses in that
location therefore it should stand. It was financially and emotionally draining to say the least. We have evaluated what
this denial this has cost us and will be considering our options if this building is considered for a marijuana establishment
of any kind. Something is not right it is fishy or feels corrupt to change for one and not another.
X"..fYou
6eniece j &...fd-
K. F-NA1
City of Kenai 12101-idalgo Ave, Kenai, AK 9961177941907.2a3.7535 I www kenai city
AFFIDAVIT OF POSTING
PUBLIC HEARING NOTICE
I hereby certify that I have posted a Notice of Public Hearing as prescribed by Kenai Municipal
Code 14.20.280 (d) on the property that
b paJ 60A 1) "I c.e. W'H:sfr (Name of Applicant) has petitioned for a
A+%� _I604ALL �� QEs.�►%T R Q.6^rRu.
The notice was posted on the date of 0,4 Au e, ?dz� , which is at least 10 dav s � : rior to
the public hearing on this petition. I acknowledge this Notice must be posted so as to be visible
from each improved street adjacent to the properly and must be maintained and displayed until
all public hearings have been completed. I acknowledge that the Notice must be removed within
5 days after the hearing.
Affirmed and signed by.
Signature Printed Name
�Lg Awn ?ovi'
Date
Property:
Address: 11889 Kea+ SNOL qWY
Legal Description: %,,,,e,M&-tr L.,s III .10 21. Sec.16, TSN, P t 0
KPB Parcel #:
P&Z Resolution #:
PZ-
CITY OF KENAI
PLANNING & ZONING COMMISSION
Notice of Meeting
KENAI City of Kenai Council Chambers
210 Fidalgo Avenue, Kenai, AK 99611
The following agenda items will be before the City of Kenai Planning and Zoning
Commission at their meeting starting at 7:00 p.m. on Wednesday, August 14,
2024.
PUBLIC HEARINGS
1. Resolution PZ2024-18 — Consideration of a Variance Permit for
Reduced Buffer Distances on the Property Described as Govt. Lots 19,
20 & 21, Section 6, TSN, R11W, Located at 11888 Kenai Spur
Highway Suite #3, in the General Commercial (CG) Zone.
2. Resolution PZ2024-19 — Consideration of a Conditional Use Permit to
Operate a Retail Marijuana Store on the Property Described as Govt.
Lots 19, 20 & 21, Section 6, TSN, R11 W, Located at 11888 Kenai Spur
Highway Suite #3, in the General Commercial (CG) Zone.
The public is invited to attend the meeting and to participate
virtually/telephonically. Additional information is available through the Planning
and Zoning Department at planning cr.kenai.city, (907) 283-8237, or on the City's
website at www.kenai.city.
Brandon McElrea, Planning & Zoning Administration
Publish: August 2, 2024
City of Kenai
Planning and Zoning Department
Variance Permit 210 Fidalgo Avenue
Kenai, AK 99611
Application (907) 283-8200
-010k. planning a@kenai.city
www.kenai.city/planning
•_Ps
Name: Troy D. Millhouse
Mailing Address,:
P.O. Box 874574
City:
Wasilla State:
I AK
JZip Code:
199687
Phone Number(s):
907.229.6783
Email:
bigdaddyfuzzy@yahoo.com
1PEMMM-REMIES (LEAVE BLANK I F ,
Name:
Richard R. Moses (Alaska Bar No. 1311096)
Mailing Address:
701 W. 8th Ave., Ste. 700
City:
Anchorage
State: I
AK IZIP
Code: 199501
Phone Number(s):
907.274.0666
Email: rmoses@hwb-law.com
'PROPERTY•- •
Kenai Peninsula Borough Parcel # (Property Tax ID): 104702001
Physical Address:
11888 Kenai Spur Hwy., #3, Kenai, AK 99611
Legal Description:
Government Lots 19, 20, and 21, In Section 6, Township 5 North, Range 11 West, Seward Meridian
Zoning:
General Commercial (GC)
Acres: 1.67
VARIANCE
(include site plan with square footages and elevations of all existing/proposed buildings)
qse additional pages if necessary to pt1s
A variance permit is the relaxation of the development requirements to provide relief when the literal enforcement
would deprive a property owner of the reasonable use of their real property. The requirements for a variance permit
in City Code must be met for a variance to be granted.
How is this property currently being used? Currently vacant.
Use of surrounding property - north:
General Commercial -- Hall Quality Builders.
Use of surrounding property - south:
General Commercial — Strip mall with antique store.
Use of surrounding property - east:
General Commercial and Airport Light Industrial — Salvation Army.
Use of surrounding property - west:
Suburban Residential — currently vacant.
Variance Requested for (attach additional sheets if necessary):
A marijuana retail facility as defined by KMC 14.20.320 to be located within the 500 foot buffer from ball
field(s) that potentially qualify as a "recreation or youth center" under KMC 14.20.320.
Explain the special conditions or circumstances present which are peculiar to the land or structure involved which
are not applicable to other land or structures in the same land use or zoning district:
The property in question was purchased after Linda Mitchell, the Planning Director for the City of Kenai, called Mrs. Sandra Millhouse and
told her that the property in question was outside of the 500 foot buffer zone at Issue here. Mr. and Mrs. Millhouse would not have
purchased the property in question without Ms. Mitchell's assurance. In short, they relied upon her assurance to their detriment. Moreover,
this property is currently vacant. Accordingly, its development will increase the values of surrounding properties as well as the overall
aesthetic of the area.
Explain the special conditions or circumstances present that have not been caused by actions of the applicant and
such conditions and circumstances do not merely constitute pecuniary (monetary) hardship or inconvenience:
As stated, Mr. and Mrs. Millhouse relied upon Ms. MitchelPs assurance to purchase the property. Simply put, Mr. and Mrs. Millhouse would
not have purchased the subject property but for Ms. Mitchell's mistake. It was entirely reasonable for Mr. and Mrs. Millhouse to rely upon the
Planning Director in this situation. Additionally, Mr. and Mrs. Millhouse were informed by Ms. Mitchell that another marijuana retail facility
was granted a variance to operate within 250 feet of a recreation or youth center. Accordingly, there Is precedent for the grant of such a
variance.
Explain how this variance will not authorize a use that is not a permitted principal use in the zoning district in which
the property is located:
The property in question is located in the general commercial zone, which allows for conditional use
permits for marijuana retail facilities per KMC 14.22.010 and KMC 14.20.330(a).
Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or
structure:
The ballfield(s) in question are actually more than 1,000 feet away from the proposed marijuana retail facility,
although within 500 feet of the "buffer zone" under KMC 14.20.330(f)(1) when measured as the City of Kenai
measures. So, the requested variance is minimal in all practical effect and will allow Mr. and Mrs. Millhouse to
enjoy their property as they see fit and as the KMC allows.
Explain how the granting of a variance shall not be based upon other noncoforming land uses or structures within
the same land use or zoning district:
Given that the property In question is zoned for general commercial and that general commercial allows
for conditional use permits for retail marijuana facilities, this variance will not be based upon other
nonconforming land uses or structures within the same land use or zoning district.
AUTHORITY TO APPLY FOR A VARIANCE:
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 variance 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 variance. 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 -ref enced property for the purpose of processing this application.
Signature:
Date:
05/21/2024
Print Name: Richard R. Moses
Title/Business: I
Holmes Weddle & Barcott, PC
For City Use Only Date Application Fee Received:
PZ Resolution Number:
Variance Permit
Application
CHECKLIST
City of Kenai
Planning and Zoning Department
210 Fidaigo Avenue
Kenai, AK 99611
(907) 28s-s200
planning@kenai.city
www.kenai.city/planning
❑ Evaluate if your property has special conditions or circumstances peculiar to the property that
prevent reasonable use of the property that are not merely a pecuniary.inconvenience.
❑ Evaluate uses allowed in your zoning district. lnformation on zoning is available at
kenai.city/piannina/page/zoning.
Submit completed application form. The application form must include an attached site
plan/floor plan with square footages of all structures on the property and parking areas. If
applicable, include a State Business License and a KPB Tax Compliance Form with the
application.
Intents of zoning districts are at kenai.municipal.codes/KMC/14.20.
❑ Pay the $265 fee as outlined in the Fee Schedule ($250 + 6% tax).
❑ City staff will evaluate your application following Kenai Municipal Code 14.20.180-
Variance Permits (kenai.municipal.codes/KMC/14.20.180). Please answer questions from City
staff about your application.
❑ Post sign on your property and confirm the posting with the City. Planning staff will contact you
and provide a sign stating a conditional use permit application has been submitted. The sign
must be posted at least 10 days before the Planning & Zoning Commission meeting.
❑ Attend Planning & Zoning Commission meeting (not mandatory, but recommended).
Attendance is beneficial so you are able to answer questions of the Commission.
❑ 15-day appeal period of the Planning & Zoning Commission's decision.
Thank you for choosing the City of Kenai!
Please contact the Planning & Zoning Department with application questions.
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Go Back Property Search Print Report Property Taxes
Property Owner.
MILLHOUSE TROY
PO BOX 874574
WASILLA AK 99697-4574
Change of Address
Owner(s)
T 5N R. 11W SEC 6 Seward Meridian K-N GOVT LOTS 19 20 & 21
Property ID
Address
Transfer Date
Document / Book Page
Acreage
Tax Authority Group
Description
04702001
11898 KENAI SPUR HWY
9/13/2023
20230071490
2.6700
30 - KIMI CITY
Year
2023
2022
2021
2020
2019
2018
2017
2016
;
Reason
Main Roll
Main Roll
Main Roll
Main Roll
Main Roil
Main Roll
Main Roll
Main Roll
Ma
Certification
Certification
Certification
Certification
Certification
Certification
Certification
Certification
Cert
Land Assd
$209,300
$209,300
$129.500
$123.300
$123,300
$123,300
$123,300
$123,300
$'
Imp Assd
$112.900
$262,400
$229,900
$242,400
$244,600
$233,200
$228,700
S225,100
$;
Total Assd
$472,700
$367,900
$356,500
$352,000
$348,400
$:
Show search results for 118...
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EPISCOPAL DIOCESE OF ALASKA
FIRST BAPTIST CHURCH
FIVE D INVESTMENTS LLC
110 S SPRUCE ST
PO BOX 3412
PO BOX 969
KENAI
KENAI
KENAI
AK 99611
AK 99611
AK 99611
HILCORP ALASKA LLC
HUGHEY KIANA
HUGHEY TYSON E
1111 TRAVIS ST
1103 2ND AVE
1103 2ND AVE
HOUSTON
KENAI
KENAI
TX 77002
AK 99611
AK 99611
KENAI CITY OF
KENAITZE INDIAN TRIBE
LAGOUTARIS ELAINNAH
210 FIDALGO AVE STE 200
PO BOX 988
36350 MAYONI ST
KENAI
KENAI
SOLDOTNA
AK 99611
AK 99611
AK 99669
MADRIGAL ANDY
MADRIGAL SOPHIA
MARSH LYN E
4785 BUCKNELL CT
4785 BUCKNELL CT
106 BIRCH ST
SACRAMENTO
SACRAMENTO
KENAI
CA 95841
CA 95841
AK 99611
MCKEIRNAN DANIEL F
MCKEIRNAN SUSAN
MCMANAMY SHELDON D
PO BOX 2365
PO BOX 2365
36350 MAYONI ST
KENAI
KENAI
SOLDOTNA
AK 99611
AK 99611
AK 99669
MILLHOUSE TROY
MOREY DOLLIE K
OSTRANDER PAUL CLARK
PO BOX 874574
202 BIRCH ST
48645 RUNNERS AVE
WASILLA
KENAI
SOLDOTNA
AK 99687
AK 99611
AK 99669
OUR LADY OF ANGELS PARISH OF
PEREZ FRED Jr
RININGER LACEY
ARCHDIOCESE OF ANCHORAGE
204 BIRCH ST
511 ASH AVE
225 S SPRUCE ST
KENAI
KENAI
KENAI
AK 99611
AK 99611
AK 99611
RININGER ZACHARY
RONELLENFITCH SARAH M
RR KENA LLC
511 ASH AVE
102 BIRCH ST
2133 E RANCH RD
KENAI
KENAI
TEMPE
AK 99611
AK 99611
AZ 85284
SALVATION ARMY
SARKS GARNET M
SARKS PAUL E
143 E 9TH AVE
110 BIRCH ST
110 BIRCH ST
ANCHORAGE
KENAI
KENAI
AK 99501
AK 99611
AK 99611
PAUL E & GARNET M
SHAFFER KEITH
SHAFFER MAUREEN K
ISARKS
110 BIRCH ST
PO BOX 853
PO BOX 853
KENAI
KENAI
KENAI
AK 99611
AK 99611
AK 99611
SIPES CHERYL L & GERALDINE L SWEARINGEN GLENNA M VARNE THOMAS
PO BOX 4472 PO BOX 1031 22205 67TH PL W
SOLDOTNA KENAI MOUNTLAKE TERRACE
AK 99669 AK 99611 WA 98043
WILES MICHAEL L & NANCY L
12061ST AVE
KENAI
AK 99611
WILSON RUSSELL J SR & CONSTANCE
14021ST AVE
KENAI
AK 99611
WILLIAMSON HOWARD J
607 E 74TH AVE
ANCHORAGE
AK 99518
WILLIAMSON TERRY K
607 E 74TH AVE
ANCHORAGE
AK 99518