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Home My WebLink About1995-10-11 P&Z PacketCITY OF KENAI ~, PLANNING AND ZONING COMMISSION **AGENDA** Council Chambers, 210 Fidalgo October 11, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES September 27, 1995 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING 6. PUBLIC HEARINGS a. Encroachment Permit, Resolution 95-48, Pete & Valerie Ischi b. Encroachment Permit, Resolution 95-49, Sharon McKenzie 7. NEW BUSINESS a. Lease of Tidelands--Memo from Kim Howard b. Landscape Site Plan Review, Resolution 95-51, Clint Hall 8. OLD BUSINESS a. National Flood Insurance Program b. Tract C, Daubenspeck Property Subdivision 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS ~ 14. ADJOURNMENT C:\WPDOCS\PZ95\PZAGEN10.11 PLANNING AND ZONING COMMISSION UNAPPROVED Council Chambers, 210 Fidalgo September 27, 1995, 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Glick, Werner-Quade, Goecke, Bryson, Mahurin Members absent: Walker, Toppa Also present: Councilman Bannock, Mayor Williams, Councilpersons Bookey, Measles, Swarner, City Manager Tom Manninen, City Engineer Jack La Shot, Marilyn Kebschull (Administrative Assistant), and Tony Doyle 2. APPROVAL OF AGENDA Vice-chair Glick asked for approval of agenda noting a new agenda was supplied. RON GOECKE RECOMMENDED APPROVAL OF AGENDA PRESENTED IN LIEU OF AGENDA THAT WAS MAILED WITH PACKET AND ASK FOR UNANIMOUS CONSENT. MOTION SECONDED BY PHIL BRYSON. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES September 13, 1995 RON GOECKE RECOMMENDED APPROVAL OF MINUTES OF THE SEPTEMBER 13, 1995 MEETING AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY TERESA WERNER-QUADE. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Carl Cook, Federal Emergency Management Agency (FEMA) b. Chris Miller, Department of Commerce & Regional Affairs Mayor Williams introduced Carl Cook, Federal Emergency Management Agency (FEMA) and Chris Miller, Department of Commerce & Community and Regional Affairs. Mayor Williams briefed the group on events leading to the flood: Massive flooding of the Kenai River inundating Big Eddy, Kenai Keys, River Bend, and Poachers Cove and all the low lying areas of the river that are susceptible to flooding. Flooding result of typhoon from South Pacific. Since Friday, Mayor stated he has been involved with the process of reviewing flood activities, working with the borough management team ~ and emergency management teams, meeting with the river board group, met with Senator Steven's staff this morning. Advised the Governor has declared a disaster emergency for this area and this has been sent to the federal level and Senator Planning & Zoning Commission September 27, 1995 Minutes Page 1 Stevens is asking for funding to be appropriated. Mayor noted that there doesn't seem to be much damage to Kenai. However, the city has suffered a tremendous amount of accelerated erosion along the bluffs, the river, and Cunningham Park. The largest amount of damage has occurred in the Angler Drive area, the Rainey and Riddles residences. The Mayor noted that the city is attributing some storm drainage damage to the event leading up to the flood. Mayor stated that he had discussed with the FEMA agency the need to review the flood in it's entirety and not just the flooding itself. The city has had to replace some bluff drainage. In the city's effort to help with the overall recovery program, city personnel were placed on emergency notice on Saturday night. A staff meeting was held Saturday night. Decision to begin observation and emergency watch of the river primarily to gather debris floating down the river. Mr. Williams stated he had invited Mr. Cook to address the group. Carl Cook thanked Mayor Williams and stated he is with the Federal Emergency Management Agency out of Seattle office. Stated his agency managed FEMA programs in Washington, Oregon, Idaho, and Alaska including civil defense, earthquakes, hazardous materials programs, and the National Flood Insurance Program. Cook stated he wanted to make contact with the city because as they work disasters if communities are in the National Flood Insurance Program everything seems to move along smoothly. Some people still may not be covered by flood insurance but everyone can obtain it. If a community is not participating, not the norm, there can be some problems. The National Flood Insurance Program is a program that is managed by the federal government that makes flood insurance available to anyone who lives in a participating community. The federal government got involved in this program because before they did insurance wasn't available as a part of home owner policies. The program was generated to: 1. Provide means of protection for people who lived in flood hazard areas; 2. Required people to take on some of burden for decision to live in a flood plain by paying an annual premium; and, 3. Required that communities who wanted to make this available to citizens would regulate new development. Standards are fairly straight forward. The program usually starts when FEMA produces a map of the community. Cook directed group to the flood prone map for the City of Kenai. Stated they map the area of the 100 year flood plain, or more accurately the 1 percent flood plain. Every year a 1 percent chance that a flood would occur. Maps were completed in early 80's for borough and borough cities. There was not a lot of interest at that time. The borough stayed out of the program until the 86 flood disaster. They then realized that the requirement for obtaining some of the disaster assistance. Cook stated that anyone who wanted a small business administration loan or some of the smaller grants to work on house would have to buy flood insurance to obtain those monies. The law reads that if someone wants to use federally funded money to build or reconstruct a structure in a designated flood plain, they must buy flood insurance to cover it. That is how this program works like an insurance company. This program is not tax subsidized. Cook related in Kenai they mapped the area, came up to set up disaster office to respond to the 86 flood and because they weren't participating had to sit there because most of the forms of disaster assistance for structural use were not available to the people unless they could buy the flood insurance. After this, the borough did implement measures and passed needed standards and have been in the program since. Three Planning & Zoning Commission September 27, 1995 Minutes Page 2 of cities (Homer, Soldotna, Kenai) have not opted to be in the program; Seward is in i the program. Cook stated he came tonight to try to avoid this same scenario as happened in 86. Cook stated when he came he didn't know what kind of damages the city had sustained. Agreeing with the Mayor, there are not hundreds of flood prone buildings in Kenai. Most of it is in the borough. Cook stated he would still like to present an argument for participating in the program. Cook noted that Christy Miller has a number of sheets which were provided to the group listing the effects of not participating in the National Flood Insurance Program. This list notes standard effects. No secret that this is an attempt to influence local governments to adopt standards. Noting, 1. Makes new construction relatively safe from flood damage; 2. Protects flood insurance fund because people are relatively safe; and, 3. Saves tax dollars. Cook gave examples of recent Alaskan disasters and their costs in the millions of dollars which comes from every tax payer. The most obvious effect of non- participation is that individuals cannot buy flood insurance, the other effects follow from there. These effects probably have not made a significant impact in Kenai. Cook stated he wanted to make some points not mentioned on the handout. Flood insurance is different than disaster assistance. As the Mayor said, the governor is ready to request federal disaster declaration and that means that the governor goes to the president stating an amount of damages and requests assistance. Some help will be available through Small Business Administration loans, etc. Flood insurance covers flood damage whether a disaster is declared or not and most of the time flooding isn't declared. When a disaster isn't declared, the victims don't have SBA loans available. Flood insurance covers not only damage from floods but flood insurance erosion damage and this may have a greater impact to Kenai than the flood coverage. It will cover structures is damaged by flood-related erosion. The program provides insurance that is pretty much unaffordable otherwise. For example, Lloyds of London may provide insurance costing thousands of dollars in comparison to several hundred dollars if purchased in this country. The program provides a benefit that only the city can provide. There is no way an individual on their own can obtain insurance other than going through Lloyds of London because insurance is not available unless the city participates in the program. The program is set up in this country wherein the community needs to take action to regulate new development, it doesn't affect existing development. It requires new development to be high enough and safe enough so it doesn't increase the flood damage potential in that community. After that, individuals can buy insurance. The program provides a benefit that in other areas may not be as noticeable. That is, that secondary residences are not looked at in the same way as primary residences in a disaster as far as obtaining loans for rebuilding. The Individual or Family Grant Program that might provide $10,000 to $13,000 to fix a home so that a family can move back in immediately won't be available if it is a secondary home. The assumption is that they already have a home. The disaster program is for unfortunate people not for those who have more than one home to live in. The insurance program allows you to insure as many homes as you would like. One exception is that your Planning & Zoning Commission September 27, 1995 Minutes Page 3 primary residence if insured up to 80 percent of value is covered for replacement cost ~) coverage as opposed to adjusted costs. That will prove to be a big advantage of insurance over disaster assistance. Cook stated he felt that a lot of the people who have been damaged in the borough are probably under the assumption that it doesn't make any difference whether it is a primary or secondary home. Lastly, flood plain management is important. Managing a flood plain area generally supports other objectives. Generally will not be a lot of heavy development in the flood plain. Some of standards state you must leave part of the river open. By doing that, you are creating a corridor for recreation, enhancing fish habitat, supporting other uses in the river. Cook stated he knew there had been a lot of effort put into managing the Kenai River. Cook asked that the city consider these things when considering if the city wanted to participate in the flood insurance program. Cook stated that to participate there are three basic requirements. One is an application form, a one page fill in the blank, containing city address, etc. Two, a resolution of intent which is simply a statement saying the city wants to get into the flood insurance program, we are a responsible party, etc. Three, probably the most important, the city must adopt standards that will regulate new development in the flood hazard area. Cook stated that since the city doesn't have a lot of low lying area that is planned for development, he is unsure of the impact of this requirement. Cook stated he felt the city had a lot to gain and not sure how much it will cost the city. Cook stated the city could speak to the borough to hear what it was like to administer these standards. Christy Miller stated she would welcome any questions or concerns. Miller stated that after a disaster another year SBA loans were actually used to relocate erosion threatened structures. That was along the Matanuska River. They were not affected by the flood but one property owner used part of the funds to relocate back from the river. Questions on the building codes themselves; the initial thought is that regulations that are necessary could be incorporated into the city's existing building codes. Karen Mahurin asked that unlike other insurance that is paid for that this is just a commitment from the City of Kenai to approve zoning and building controls. Cook stated that would be the city's part of the program. Mahurin clarified that there is not a dollar figure involved just a commitment from the city to carry through with the requirements. Cook stated correct and that the individual buys the insurance from whomever they purchase their homeowner's policy such as Allstate, State Farm, etc. Ron Goecke asked Cook if he saw in his tours the last few days if he had seen any structural damage to any resident of the City of Kenai. Cook stated he had not toured Kenai but had been to Seward. Seward had damage to three or four residences, mostly public assistance such as culverts, bridges, etc. Cook stated he had been trying to get that information but that from what he could ascertain there are few if any ~ flooded structures in the cities. Cook stated teams are sent out to do preliminary Planning & Zoning Commission September 27, 1995 Minutes Page 4 damage estimates and they have done that in Seward but it hasn't been done in the Kenai area because it is taking so long for the water to recede. City Manager Tom Manninen stated that since Saturday there have been at least two structures at Angler Drive, Raineys and Riddles, that have had structural damage to at least the steps, porches, decks, and erosion of the yards. Continuing, he stated he had not been there since Sunday night so cannot say how much more damage has occurred. The residences were not flooded but the erosion of the bank tore away the stairs and the deck and whatever was in front of the house. They residents were trying to shore it up as of last night and Manninen stated he is not sure how successful they were. Royce Roberts had done some sheet piling a year ago and there were pictures taken a day ago showing the river is to the sheet piling which had been put in eight to ten feet from the bank. Basically, if it weren't for the piling, there would had been some serious damage. This is an example of the accelerated erosion that has occurred along the bluff. Pictures were taken and given to the incident command team this morning. Mayor Williams was with Senator Stevens' staff this morning. Karen Mahurin asked if there was flooding over the septic systems on Angler Drive which could be a serious problem with runoff into the river. Manninen responded even if there weren't whatever happened upstream is coming down and it has flooded several of the places upstream and that is all coming down. Manninen stated he is concerned and that is part of the city's concerns that were placed on lists. Part of the list is what does the city want someone else to do for us, and what can we do for ourselves. One of things we want someone else to do is provide testing kits for residents to test their water wells when the water recedes. Some things we can do for ourselves and others we cannot and testing water is one of those things. Continuing, stated he was not aware of any flooding of septic tanks in that area but don't want to minimize the impact of waters coming downstream into the water systems all along the bank. Ron Goecke added that he was at Angler Drive last night and water was no where near to the top of the bank to flood up in the septic tanks. Manninen stated that the irony in that area was that the residences that are affected is that they are higher than the other areas and if the sheet piling were not there they probably would have been islands by now and some other residences would have had damage. The sheet pilings changed the course of events. Cook stated he would end by stating that Christy Miller is available to help if the city decides to move ahead and what proposed standards would work. They have model ordinances, model provisions. Cook stated he is available and would leave business cards with contact information. ~ Goecke stated he had a question for either the Mayor or City Manager and questioned if this flood different than the drawings for the 100 year flood plan. Mayor stated he would like a few minutes to address that and why he feels it might be beneficial for the Planning & Zoning Commission September 27, 1995 Minutes Page 5 city to approach the flood plain insurance again. First, with regard to Mr. Goecke's question, that is correct. During a meeting of the Kenai River District Overlay Committee, chaired by Sharon Moock, the Mayor stated he brought to their attention that there are different types of flood events that occur on the Kenai River. Spring flood by ice jams, fall floods by rains. One of the things that committee is having trouble identifying is what is a flood plain. What is a 100 year flood plain? This flood has occurred more or less in the Big Eddy area and River Bend area at least three times in the last 25 years. The Mayor asked, if this means we are yet to see the 100 year flood plain areas. These have been different types of floods though, ice jams, glacier pot hole dumping. It is interesting to note that this committee of 14 are further apart from identifying what can be considered the Overlay District than the 9 member borough assembly was. The Mayor stated he didn't see any consensus coming out of the committee at this point. They still aren't sure if they should incorporate their findings and advice into the existing borough flood plain ordinance or if there should be a separate Kenai River Overlay District. The Mayor stated this brought him to whether or not the city should involve themselves in participation in the program. Mayor Williams stated that the city has stood on the principle that the City of Kenai has long been able to take care of it's own program within the city through planning and zoning, through ordinances, through the ability to control the elements of a good ordinance because we have the power to do so. The Mayor commented that the borough has no authority to administer control through citation or citing the regulations if they are actually broken. The last thing the borough wants to do is control the regulations by virtually the only method available to them and that is the civil courts. This was brought to the committee's attention. For example, if you have 500 homes in the Kenai Keys and 500 homes are in violation of the building ordinance as established by the flood plain zone, there are 500 separate civil cases that must be brought to the courts. The result may be $300 fine and some jail fine. There is a massive problem. The city has been saying to the Overlay District that the city will take care of their own. They have been asking what the city will do to take care of the Overlay District. The city has the Planning and Zoning Commission, a building code that they do not have and cannot subscribe to because of no enforcement. Perhaps, we could also say we subscribe to FEMA's Federal Insurance Program. Another step towards showing that the City of Kenai has the best of all possibilities of controlling ourself within our own city limits. The Mayor stated he felt the city should review the insurance program, review the model regulations that they have established and set up, review the numbers of properties affected, and review our position with regard to the Overlay District and come up with an answer to be passed on to the council with your recommendation with regard to flood plain insurance. Mayor commented that as Ms. Miller noted it is possible that local governments could be held liable by residents and/or businesses who could not get flood insurance if the city chose not to participate. The Mayor stated that scared him somewhat. to addition, assistance may not be provided in the identified flood plain areas and this includes financing by federal programs, if the city does not participate in the program. The Mayor stated he felt what the council would like to see is the Planning and Zoning Commission's review of the program to make a recommendation as to whether or not the city should participate in the program. Planning & Zoning Commission September 27, 1995 Minutes Page 6 Phil Bryson requested a five minute break. Break. i 5. PLANNING 6. PUBLIC HEARINGS a. Variance, Resolution PZ95-47, Batir Creative, Inc. Vice-chair Glick asked if anyone in the public wished to speak to PZ95-47. Hearing none, asked if any commissioners had comments or staff comments. Jack La Shot noted that the Variance Application was signed by the builder and would like to ask that anything that is passed be contingent upon the owner signing the application. La Shot noted the builder was in attendance if there were any questions for him. RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ95-47 BATIK CREATIVE INCORPORATED. MOTION SECONDED BY PHIL BRYSON. Glick asked for comments or questions of the builder. Councilman Bannock asked where this building was taking place on the Spur Highway. Doyle responded approximately one-fourth mile from Swires Road, left side of the highway. The owner is Bill Haywood. He has ared-colored building there with a hoop with firewood inside. Clarification from Bannock on which side of Swires Road and Doyle responded the Kenai side. Glick asked if the maker of the motion would like to add the staff comment to the motion. GOECKE MOVED TO APPROVE PZ95-47 WITH THE OWNER'S SIGNATURE ON THE APPLICATION. MOTION SECONDED BY PHIL BRYSON. Mahurin commented that she is very concerned about variances being an after- the-fact thing and would like to go on record with that concern. In addition, Mahurin is concerned about the commission approving something without the owner's signature. Mahurin stated she would vote tonight but felt that there may be a time to say no without the correct procedure being followed. Glick stated he agreed but felt the commission was covered since they had stipulated that in the motion. VOTE: BRYSON YES MAHURIN YES GLICK YES WERNER-QUADE YES GOECKE YES MOTION PASSED UNANIMOUS. 7. NEW BUSINESS Planning & Zoning Commission September 27, 1995 Minutes Page 7 a. Tract C, Daubenspeck Property Subdivision Staff comments--La Shot noted that Kim Howard had forwarded a memorandum to the commission, Item 7a. A developer has expressed an interest in part of the Daubenspeck Property, bordered on the east side by bridge access and on the northwest by Frontage Road, close to the old FAA, Senior Center, city Quonset huts, etc. Recommending that a new property line be configured similar to the sketch in the packet to take the Quonset huts and parking area out of the area they are interested in. In addition, the tank will have to be dealt with and a site assessment completed. The interested parties are the same that will be developing the new assisted living complex near the Senior Center. They want to use the property for condominiums, unassisted living on a rental basis and they would like to have the convenience of downtown and the Senior Center and their other facilities. They have been doing some extensive marketing research in the area and feel there is a need for this sort of thing. Glick asked how many acres were involved in the new configured layout. La Shot responded the original property was around 15 and this would make it to 10 or 12. Bryson asked if this would be open to public comment. Glick stated this is not a public hearing. Bryson stated he had a few comments. This property scales a little over a 1000 lineal feet of highway frontage and feels residential use a poor use of highway frontage as far as development concerned. In addition, this refers to a portion of Tract C. Does that mean this is not the entirety of Tract C. La Shot responded that the area of the old Quonset- huts and the parkins area are also in Tract C. Mahurin asked if this was the parking area they city just installed that will be next to the interpretive area. La Shot confirmed this. Mahurin noted we would have a quiet, private place abutted to a high use residential area. Mahurin stated she had a problem with this particularly under what she thought the designation of that property was. Mahurin stated she did not feel the property was #o be used for commercial development. Councilman Bannock stated that Lynn Robbins and Leo Grasso had both been to the council in regards to this. Bannock stated he shared some of those concerns he asked that the commission not confuse the potential use of the site with anything like a condominium complex such as in Anchorage with kids, and dogs, and cats, etc. It is their intention to tie it to their assisted housing project which visually is very common to the congregate housing and Senior Center that the city has now. The idea was not necessarily a commercial center but to tie this into a senior development center. This would place the senior industry in that part of town. Bannock stated he noted that Robbins planned to speak to the Planning and Zoning Commission and he assumed this is what she would want to relay to the Commission. Mahurin stated there were legal questions that had come to mind. If this was donated property for a specific use, then the city sells it to aprofit-making organization, by law can you designate that it is only for senior citizens or is that a violation of discriminatory laws as to who has access to those condominiums. Bannock stated he could only speak to the memo which stated the Daubenspecks had no objection to a complex of this nature being built on the site. Bannock Planning & Zoning commission September 27, 1995 Minutes Page 8 continued that it is a fact that the Supreme Court had held in other cases that you can be age discriminatory in complexes of that nature. Goecke stated he had the same problem that Mr. Bryson brought up. That being, why would the city want to lease some prime commercial property along Bridge Access and would think that there would be better usage for that highway frontage. Goecke stated he felt that the city retaining the property for commercial usage would be better usage. Wemer-Quade stated she had a comment regarding paragraph three and the underground storage tank that was found. She wondered about leasing the property in (fight of the problems the city had with the contaminated soils at the courthouse. Werner-Quade asked if the city was planning on testing the soils and the container being moved; La Shot stated the tank has been pumped and believes it is the intention to have site assessment completed. La Shot stated he didn't feel anyone would go too far with a lease or sale without resolving the issues of contamination. Bannock stated he would speak for the council. Regardless if the property was leased, sold, or stays exactly the same, there is a problem that has to be dealt with. Mahurin asked if this was an information item for the commission and it is actually the city council that will have a public hearing and determine or where does the commission fit into this process. Glick stated he felt the commission was asked to either recommend that the city pursue with the project or that they don't pursue it. Bryson stated that typically sub-groups of the city are requested to determine if they feel the city has a need or use for the property and that the commission happens to be one of those groups. Bryson questioned if Ms. Robbins' proposed visit on November 21st was in regard to this specific project. Glick stated the commission had been notified that she would not be coming then. Glick stated he assumed that the city would not move forward until she comes up and talks to the commission and the council. Bannock stated that they mentioned this while proposing their other plan which is under development. The Continuum Corp. is the developer and had identified this piece of ground. The city had stated the ground off limits but they could contact Daubenspecks and get their authorization the city would look at the project. Bannock stated the memorandum implied that the Continuum Corp. has reached the Daubenspecks. Glick stated his personal opinion that the commission is getting ahead of itself and until hearing from Ms. Robbins he didn't feel comfortable. Bannock stated he didn't think the commission was being asked tonight to make a recommendation towards the condominium. Stated he thought the question tonight was if the commission felt the land needed to be locked up for city use only. Should it be made available for sale or lease. Or, should it be hung onto for a potential city use. La Shot stated another consideration was that the Daubenspecks were not specific on how the land was to be used but the proceeds from that land was to go to the Parks and Recreation Department in the city. Glick stated then if it were sold or leased those funds would go to the P&R Department. Bryson stated that is the Planning & Zoning Commission September 27, 1995 Minutes Page 9 present interpretation; however, he didn't feel it was that specific. Bannock stated he felt it was more like recreational-type activities. Mahurin stated there were several pieces of information she would like to have. Such as something that clearly designates what the Daubenspecks intent was when they gave the property to the city. Secondly, Mahurin would like to hear from Lynn Robbins what their intent is and have an opportunity to ask questions before we do anything. Not ready to proceed; do not feel like the commission has enough information to make any kind of a decision tonight. Bryson stated he generally felt that the Planning Commission has more responsibility in this than the other committees and commission that might take action on it. In that regard, Bryson stated he feels the commission should have their comments whether it is recreation or the fire department, or other city groups that potentially could have a use the land in their long use plans. Glick asked if Bryson was requesting that staff get the information and bring it to the commission for later consideration. Bryson stated he thought that would be appropriate. Concurrence by all commissioners. BRYSON MOVED TO POSTPONE ACTION ON THIS ITEM UNTIL THE COMMISSION RECEIVES COMMENT FROM OTHER CITY GROUPS. GOECKE SECONDED THE MOTION. VOTE: WERNER-QUADE YES MAHURIN YES GOECKE YES BRYSON YES GLICK YES Mahurin asked to be dismissed now that action items have been passed. Excused. 8. OLD BUSINESS 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council Councilman Bannock directed the Commission to the council's agenda from last week. The first ordinance which was tabled was actually tabled to October 18 instead of October 4. This has to do with environmental assessments and before continuing the council wants to see if this is a suggested action by the DEC or an order before spending the money. Mr. Goecke's comments were noted in the record under Item 6, Resolution 95-57 declaring the following equipment, supplies, and materials surplus or obsolete. The amended portion of it was that we were to take a particular tank truck and turn it into a truck and a tank. Old Planning & Zoning Commission September 27, 1995 Minutes Page 10 Business, Item G, regarding Midnight Sun Reservation Central passed with very little comment. One thing that was changed in the request was that originally Ms. Kangas had asked for a three month rent in the airport to cater to business people. Council was not comfortable with a three month rental. Approved CUP and one year lease stating that not only would she act as an incoming reservations agent but also acting as an outgoing agent. Similar to a travel agent. New Business, Item 4, the video will be played by the Salmon Producers Alliance. b. Borough Planning Phil Bryson reported beginning with the September 11th meeting. Lengthy meeting under coastal management programs. ARCO proposed seismic testing in the Clam Gulch area. Marathon Oil proposing exploratory well. There was a considerable amount of public comment concerning activity from several years ago in which there was a proposed gas well to be dug in a subdivision. Apparently there has been some activity in that area and has made the residents of the area nervous. The last meeting, the owner of that equipment indicated they are not proposing any work in that area so that may alleviate some concerns. Presentation by Jim Hanson, State of Alaska Division of Oil and Gas. He went over the general approach to evaluating property, advertising, and study that takes place in setting it up for a lease program. An easement on St. Elias Avenue in the Kasilof area. Had come before as a vacation previously and denied. People petitioning a reconsideration under the scenario that a new situation occurred. Concurred with by commission and will be back as new petition. No plats from the City of Kenai. Meeting this past Monday held in Homer. Primarily held there because a request to reclassify some borough property on the bench area above the city. A developer has proposed to purchase 80 acres in that area. Over 30 people testified. The meeting ran late. Action was postponed. Choices are classification for residential purposes or for preservation. Thirty-five people requested either no change or preservation status. Vacations not requiring a public hearing, Doyle Estate Tract A, B, and C Petition to Vacate a 20 Foot Utility Easement. That had come before this commission and that was approved at the borough level. Thompson Park, same that had come before this commission, was approved. All other plats and vacations approved. No other items. c. Administration Jack La Shot noted on the Spur Highway doing a $30,000 change order to change the radius of the curb on the right hand curb going east on the Bridge Access so that the bigger trucks can make the comer. Making grade to put down more base course asphalt on segment C so that the business area should be opened up soon. Still saying that segment B, in front of the schools, will be done next year because PTI still has problems with relocating some equipment. Goecke asked how many change orders have already been done since had to Planning & Zoning Commission September 27, 1995 Minutes Page 11 start on section 3 before section 1. La Shot stated he didn't have access to that information but understood quite a few overruns. Bryson asked if the state approved the surface asphalt and La Shot responded approved this morning. Goecke asked if the driveway off the Bridge Access to the bowling alley was permanent. La Shot stated temporary. Continued that the city will get a few things out of the project. They may cap the dust bowl parking lot with material off the project, the storage area will be seeded. Half of city work done. 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS a. Lynn Robbins, Robbins Retirement Communities b. November 21, 1995 Meeting Schedule Council Approval c. City of Kenai Attendance Policy for Commissions and Boards 13. COMMISSION COMMENTS & QUESTIONS Vice-chair Glick asked if the Commission was going to make a recommendation regarding the flood insurance as result of the presentation. Bryson stated he felt public comment should be heard as it may affect some parties adversely. Goecke added that it does not cost the city anything except an implementation of the criteria. Continuing, if the erosion is covered, there may be individuals in town who would be interested in the program, but this needs to be clarified. Glick stated he was asking the group is they wanted staff to obtain information for the commission as to what modifications would be necessary to the building code and any other regulations that would be necessary so that a recommendation could be made. Bryson stated there are subdivided lots in this area that are legal lots and by incorporating a building permit process that precludes construction in those areas to a degree you are taking property. Goecke indicated that if we had something on record for that area, this gives the city a stronger stance to say the city does not want to be a part of the Overlay District. Werner-Quade stated the commission should review the program so the liability factor could be shifted. She stated that this program provides a means for individuals to obtain aide in a disaster and the commission should at least review the regulations. Glick asked that this be placed on the agenda for the next meeting and for information to be obtained for the commission to consider. Bryson noted that there are areas in the city that have been close to a damage situation that are not close to the river. Discussion about the various areas in the city that have been affected the past and the causes of the flooding. Werner-Quade stated she had a concern regarding Item 12c in regard to members missing several meetings and felt the next step should be to follow through and see how many meetings the member had missed. Goecke responded that he did not feel the commission were in a position to request a replacement; instead it should be council's decision. Werner-Quade noted she Planning & Zoning Commission September 27, 1995 Minutes Page 12 had just noticed it and would like to see follow through but would not make a recommendation. She reiterated that this was not a personal concern but a concern for the commission as it is lacking a member and a voice from the community. 14. ADJOURNMENT Meeting adjourned at approximately 8:40 p.m. Respectfully submitted: ~~ .~ M rilyn Kebschull Administrative Assistant C:\uP00CS\PZ95\PZ927.MIN Planning & Zoning Commission September 27, 1995 Minutes Page 13 CITY OF KENAI ~~° ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~-n~.ah tIII~~ 1992 September 21, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE A public hearing on an Encroachment Permit for height requirements in an RS2 zone (KMC 14.20.185) has been scheduled by the Planning and Zoning Commission for Wednesday, October 11, 1995 commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. This application was submitted by Valerie Ischi and is for property described as Lot 16, Block 8, Inlet View Addition, Part III (300 Rogers Road), Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to October 11th. For more information please contact the Planning Department at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY C:\WPDOCS\PZ95\ISCHI.PHN STAFF REPORT To: Planning & Zoning Commission Date: September 21, 1995 Prepared By: JL/mk Res: PZ95-48 GENERAL INFORMATION Applicant: Pete and Valerie Ischi 300 Rogers Road Kenai, AK 99611 Requested Action: Encroachment Permit for Height Requirements Legal Description: Lot 16, Block 8, Inlet View Addition, Part III Existing Zoning: Suburban Residential 2 Current Land Use: Medium Density Residential ANALYSIS City Engineer: No comment. Building Official According to the Development Requirements Table (page 14-71) of Kenai Municipal Code, the maximum height of a structure in the RS-2 zone shall be 35'. The approximate height of this structure if 37'. RECOMMENDATIONS Recommend approval. ATTACHMENTS 1. Resolution No. PZ95-48 2. Application 3. Drawings C:\WPDOCS\PZ95\9548.COM CITY OF HENAI _' PLANNING AND ZONING COMAiISSION ENCROACIIAiENT PERMTT RESOLUTION NO. PZ 95-48 - A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: PETE AND VALERIE ISCHI LOCATED: 300 ROGERS ROAD, KENAI, ALASKA LEGAL: LOT 16. BLOCK 8, INLET VIEW ADDITION, PART III BY: VALERIE ISCHI WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on September 18, 1995 2. This land is on land zoned Residential Suburban 2 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on October 11 , 1995. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) ~ demonstrated that the proposed development meets the criteria for said permit and therefore the Commission (does) authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 11th day of October , 1995. A E T: Planning Secretary CHAIRMAN 1791-1991 CITY OF KENAI 1 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 ~ FAX 907-283.3014 APPLICATION FOR ENCROACHMENT PERMIT ~ STREET ;;ADDRESS 3D D 5 IC~ t~V ~1 MAILING `ADDRESS ~s~•ry-: :LEGAL-:DESCRIPTION" LaY ~(o //~C .Ln//Ct ~E~J [~nl ~4rf' .~ ZONING DISTRhCT (C:ircle T); C CC CG RU R IL RR RR-1 RR-2 ~`RS RS-1 RS-2>~ IH PHONE ' 9D 7' 2 ~~ ' .3~.js Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1.~~ An encroachment means any object or structure above or below ground and constructed or located in a manner other r ~;, than set forth in the Development Requirements Table. 2. \~~ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. ~~ A Public Notification and Hearing is required before the issuance of this permit. 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Z v ~ ~ •~°o~~r ~ ' ~.; .. 0 01,1 4i q ell ~P ~ C?~ •~ ap O C t j ~ ~:: . ,, ~ ~ ~ Sb b.r~ ~` H~ ~ ~ M ~ ~ Z O N .v V N~ ~ ~~ • ~ 4• OO hu N a• 'i~ ,r~ . `~~ ~ .~ t` ~ fir! ~ ~ N ~~ ~ ~ N*1 ~ ' i ~ Q ;S ~i pi /1~ F. .E.J4 r ~ r ~ OOO ~ I enl i. i.~ •. . 3 0* bb - " a". ~ ; ~ NUJ ~. ,~ • o lug ~ ~ .r / ~ ~' ~ ~ ~~ w O~ ,~ 8~~ . ~ ~~ ~ ~ .~ O ~ M O ~~ . ~o ~ yi ~ ~ ~ ~= td N cis Q L O O CD a c~ ~N C N ~~ L N ~ ~ •~ N C N ~ Q Y N V N G a c C c 0 'C t .d Z Y U 0 m N N N Q w O Z CITY OF KENAI ~R. ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ uEab 1IIII~ 1992 September 22, 1995 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE A public hearing on an Encroachment Permit for side setback requirements in a Rural Residential Zone (KMC 14.20.185) has been scheduled by the Planning and Zoning Commission for Wednesday, October 11, 1995 commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. This application was submitted by Karen Carson for Sharon McKenzie and is for property described as Lot 2, Block 10, Valhalla Heights Subdivision (320 Phillips Drive), Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 996 1 1-7794 prior to October 11th. For more information please contact the Planning Department at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY C:\WPDOCS\PZ95\MCKENZIE.PHN STAFF REPORT To: Planning & Zoning Commission Date: September 22, 1995 Prepared By: JL/mk Res: PZ95-49 GENERAL INFORMATION Applicant: Karen Carson Freedom Realty 170 N. Birch Soldotna, AK 99669 Requested Action: Encroachment Permit for side yard setback requirements. Legal Description: Lot 2, Block 10, Valhalla Heights Subdivision, Part 1 Existing Zoning: Rural Residential Current Land Use: Low Density Residential/Water Seared ANALYSIS City En , ineer: This dwelling was apparently started in the early to mid 1980's and not completed. The zoning was Rural Residential at the time of construction, and still is. There does not appear to be any extenuating circumstances for building within the setback. Lot 1 (immediately to the west) has a single family dwelling, and Lot 3 is vacant. The encroachment appears to affect Lot 1 the most. Building Official The minimum required side setback in this zone is 15'. An encroachment of 9.5' exists. The minimum building code setback is 3'. No building code violation exists. RECOMMENDATIONS Recommend approval if the owners of Lot 1 do not object. ATTACHMENTS 1. Resolution No. PZ95-49 2. Application 3. Drawings C:\WPDOCS\PZ95\9549.COM CITY OF 'KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT`PERMIT RESOLVI'ION NO. PZ 95-49 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) ~) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: SHARON MC KENZIE LOCATED: 320 PHILLIPS DRIVE. KENAI. ALASKA LEGAL: _ LOT_2 BLOCK 10, VALHALLA HEIGHTS S/D. PART I BY: KAREN CARSON OF RR ELDOM REALTY WHEREAS, the Commission firSds: ,' 1. That an application meeting , e r irements of Section 14.20.185 (c) has been submitted and received on tember 19 1995 2. This land is on land zone Rural Residential 3. a plicant has a onstrated with plans and other documents that he an and do meet t I owing specific requirements as set forth in Sec. 1.20.185 (d): ~~ (1) n encroac t~4ext#" as defined in KMC 14.20.185 (a) exists. (2) a encroa hment does not encroach upon a Federal, State or City right- of- ay or ility easement. (3) The ' sua ce of the encroachment permit will not authorize a use which is not a iricipal permitted use in the zoning district in which the property is (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on October 11 , 1995. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) ~ demonstrated that the proposed development meets the criteria for said permit and therefore the Commission (does) (~) authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 11th day of October , 1995. ATTEST: Planning Secretary CHAIRMAN 1791-1991 CITY OF KEN AI ~edP*.tdl °~ ~4las.6~„ FIDALGO KENA1. ALASKA 99611 TELEPHONE 283 - 7535 ': FAX 907.283-3014 APPLICATION FOR ENCROACHMENT PERMIT ,tl,[L~ ~-~, l /l~.A~-e'J Spa ~~ ~~ ~--~,, f. ,.,, ~,,a-'!~ NAME S N ~ ~Dll./ /~/1 ~ C ~ z J ~ STREET ~ ADDRESS 32E~ ~1•. i 11 ~ S 1~r, MAILING ADDRESS ~ /(~ J3 ~C~-C- (~~4j~Z,~ ~-/v~E{O LEGAL BESCRIPTION / - {~,~ T Z. ~ CO ~ l(~ j/,q. [„~ f~1, ~..lc~. ~c' f~ ZONING DISTRICT (Circle. 1) C CC CG ~ RR-1 RR-2 RS RS-1 RS-2 RU R IL IIi -PHONE ~A~2~~1 ~ 6~ - ~ ~ -70 o'Z 6 a ' ~SJr 1 Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NIIMHER TO INDICATE THAT YOII HAVE READ AND UNDERBTAND THESE CONDITIONB. 1. An encroachment means any object or structure above or below ground and constructed or located in a manner other ~~/1~ than set forth in the Development Requirements Table. 2. ~C`~ rovide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable depositJadvertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I O N A L C O M M E N T S Signature of Applicant t 9 IS1~Z r / B[CE\TE~tiIAL yc~aye cxt~a ~ tG'ity w~i a ~u~fi~e! DATE : SEe~T ~ ~ ~ / 995 APPLICATION FOR VARIANCE PERMIT NAME: ~, MAILING CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 ---~ -- -_ TEI,II'HO.'VE 283-7535 FAX 907-283-3014 ~/-1 Q 120hi ~~ ~~iV 21 E PHONE : oZ ~3 - l ~pj s ADDRESS: S7/a a~AGK~3~~2~1-~ ~}/V~E/o~2A~E, ~k ~'45~Z LEGAL DESCRIPTION OF PROPERTY INVOLVED: LpT 2 ~t~OGK l~ ~,4LJ-iRLI~ E~~,y cL i v~ ~ ~ T ~- ZONING DISTRICT (Circle one): C ~` RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. C~ 1~n/~ Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, ?nd such data as may be required. 2. ~ A Public Notification and Hearing is required before the issuance of this permit. A $10 5.00 non-refundeible deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. ~6y~~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ~~ . The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. }~ The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7.~/~ The granting of a variance shall not be based upon otlier•~ non-conforming land uses or structures within the saYae~`~ land use or zoning district. ADDITIONAL COMMENTS: ~, ~~~' Applicant's Signature: Approved: CHAIRPERSON Attest: Loretta E. Harvey, Secretary `` > r~ ,, ~, t~, - ~..; L"' ~~ - ' ~ c.. ~~.~~ ~: ~ -. ~_~ ~.- c'' ,;e I J7r~ \ ") ~ ~ ~~! `~ .-t C-• C ~- c`."r ,G J, .s . ,_~ rr. - , ~~ J .. :.'~~ C h7 ~!`~ do (i t1~'' ` g U r:_ : ,,~~ y ~ g4"e~.M~~. 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".i!iii'i- 5l'S `~':Mln t'i I.)i?I Nf I •'»ctt ;.: ~,;,t OI:Ccctr , u .,_ rc~:on" ^, ibd ci S:~'~ n!u• - KEN,^..I, .. .:;k:~ 9ttj11 ilna~r ,,:> _.curr:~fcn,:~_ ...,.:,!tl onv d,^,lo "e;,n r:e ~ UR/I'iUR_ ?$i_.`,.? Fi A^:MEFS - ., ~e0 [::r inii~t~U•.-.lion .,, r.x rslaYdiShin ~. l t:;ur~.:ry .. , rrn<e !m~S sT~ TE RY ~~ e 9 ~ ,~ r, v .. M _ v ____ L I I z `~~\i LLIi~MNA -- z T RR LrA LINE '~ NL'¢.dArf.Je~1YhC-s'IV'~ \--C~LPe'~"l ~C~1 I:I . r : s i ,~ , TR CT "~ I ~- . e 1 s ~ • I>11 ~ t~ w t s ~ ~ s • s s s `~ \ ~ r 1 ____-- Tr 1-A HORNADAY PF MILLS N /~ ~~ ATRAH ~~~ ... .. .. v ~ i i JJ vv •'-fLl'll 1 I IVLLV I VR LI~II 7LIC 1 7CJ.( C0.7 G~~j,7 r. 1 ~ KATHBRINB GODEK 310 Phillips Way Kenai, EiK 99611 Telephone:.. (907).253-7373 (wk) Facsimile Number. (907) 283-2835 TO FACSIMILE TELEPHONE NUMBER: (_) 283-3014 DATE: October 11,1995 ADDRESSEE: City of Kenai ATTENTION: Planning and Zoning Committee RE: Encroachment Permit Resolution No. PZ95-49 SPECIAL INSTRUCTIONS: ~ City Clerk: Enclosed are my written commertts regarding the above-referenced. resolution. Please place these in the .members'. packets for tonight's hearing. Thank you for your. assistance. Katherine Godek This facsimile transmission consists of 3 pages which includes this cover sheet. If for .some .reason you do .not receive .all of the .pages sent or the transmission is not clear, please call Kathy at (907) 283-7373. Thank you. ++ r c.n..+• ~...irn ~ ~ 1vL~L~v ~ vl\ Lnl 1L1\ ~ 'JCJI LOJ GOJJ r', KATHERINE GODEK 310 Phillips Way Kenai, AK 99611 907-283-4407 October 8,1995 Planningand Zoning Commission :City of Kenai 210 Fidalgo Street Kenai, AK 99611 RE: .Public Hearing on Encroachment. Permit Resolution # PZ95-49 Members of the Planning and Zoning. Commission: This is in response. to the above-referenced :proposed encroachment 1 permit. I am the closest and probably most affected by thia request for encroachment, My house. occupies Lot 1, Block 10, Valhalla Heights Subdivision: Part 1. I strenuously object to the granting of this permit. In order to .address my concerns regarding this permit request, a history of this lot and house is in order.. I purchased my home in July 1981. At that time there was no building on Lot: 2. In purchasing my home this was .considered, and I was concerned about a large, appeared to be several year old hole in the adjacent lot and saw that a dirt pile from .that hole .was deposited on to Lot 1. I had a small child at that tune and was concerned about a safety issue. As I became informed, it was found out that the hole had been .there .for many years and there was no .knowledge of any building to take place. Shortly after moving into our new .home, I noticed .that there was some activity "next .door" and came home to find the beginning of a foundation and eventually the structure that stands now. At the time, I thought it was funny that there had. been no surveyors out nor had I seen a transit or any other surveying equipment, but thought that they must know i 1 what they were doing.. I noticed that, the fou~,idation was put in crooked onto the lot,.. also. The building was eontpleted to a studded in stage by Fall 1981, and -then was left as it is in its present state. 'There is no well, no septic going into -.the building and for 15 years has provided a hazard to my dwelling and family by 'being left empty and unfinished. There. have been. up to 15 children in the surrounding two blocks of this unfinished house and I have chased many of them -out of the_building, with matches and candles, not including the: danger of this vacant house to the children #hemselyes. In the summer of 1985, I applied for a~'home improvement loan where it was planned to add a detached garage among other things. A surveyor was hired to do an as built survey and at that tune stated that the adjacent. house on :Lot 2 may be over the easement. '. During the 15 yearsbeingunoccupied, the condition of the house has drastically deteriorated. The foundation appears to be breached, as water fills when it rains and remains most of the time; until it freezes and becomes ice, which probably has expanded the concrete block foundation and loosened the. mortar. The. house has damage :from all themoisture, and the inside consists of nothing but studs. ~ ~ These lots are 100' wide and 250' long.; Being narrow as they are poses a problem, but to encroach on an easment by alnwst ten feet, is negligent. As faz as L am concerned, this encroachment is nothing but negligence by the owner, for .not having a survey done previous to construction, and the encroachment should be denied. Thank you for your consideration in this matter. Respectfully submitted, KATIa.ERT1~TE GODEK Owner, Lot 1 Block 10, Valhalla Heights ~b STAFF REPORT To: Planning & Zoning Commission Date: October 6, 1995 Prepared By: JL~mk Res: PZ95-51 GENERAL INFORMATION Applicant: Clint Hall P.O. Box 2829 Kenai, AK 99611 Requested Action: Landscaping/Site Plan Review Legal Description: Gov't Lot 167, T6N, R11 W, S.M. Existing Zoning: General Commercial Current Land Use: Commercial ANALYSIS City En iq'neer: No comment. Building Official Applicant intends to build a 3200 square foot office and warehouse for business and consumer services. This is a principal permitted use is Zone CG according to the land use table of KMC page 14-65. The office is for business and the warehouse is an accessory use by definition of KMC 14.20.320. The site plan submitted complies with KMC 14.25.045. RECOMMENDATIONS Recommend approval of the site plan. ATTACHMENTS 1. Resolution No. PZ95-51 2. Application 3. Drawings C:\WPDOCS\PZ95\RES9551.COM CITY OF' KENAI' PLANNING AND;ZONING'COMMISSION RESOLUTION' NO. PZ 95-51 LANDSCAPINGISITE .PLAN REVIEW A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached Landscaping/Site Plan Review was submitted for Clint Hall , and received October 6, 1995. WHEREAS, the City of Kenai Planning and Zoning Commission finds this plan provides for orderly and safe development within the City commensurate with protecting the health, safety, and welfare of its citizens, and provides adequate and convenient open spaces, light and air in order to avoid congestion of commercial and industrial areas; and, WHEREAS, the plan appears to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial and industrial development within the City; and, WHEREAS, the purpose of landscaping is to visually enhance the City's appearance and reduce erosion and storm runoff, and the plan appears to meet this criteria. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE PLAN BE APPROVED AS SUBMITTED. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, October 11 , 1995. TE T: Planning Secretary CHAIRM N C:\WPDDCS\PZ95\RES95.51 ~~ .- -. LANDSCAPING/SITE PLAN REVIEW ~ ~ I APPLICATION ~ ~~ APPLICANT ` *- ~/ C C ? ADDRESS- /~G~, ~ Z Z 9 ~ MAILING ADDRESS ~~ ~ ~ x z Z ~ l7h-u PHONE. 2 r~3 00 Z.ON#NG DESIGNATION C RR RR-1 (Circle one) RS RS-1 RS-2 RU CC CG IL R TSH LEGAL PROPERTY OWNER r~ - 7,,., N~ LC 1. ~H Please include the following in the Site Plan. If not applicable please put an NA next to the item. a. Common and scientific name of the planting materials to be used in the project. ~ ~(/~ b. Typical planting details. ~~ c. Location of all planting areas and relationship to buildings, parking areas, and driveways. ~/'¢ d. Identification and location of non-living landscaping materials to be used. / e. Identification of on-site snow storage areas.. f. Drainage patterns. /; r/ g. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. r~ h. Physical features of the property including location of all buildings, ingress and egress, and unusual features of the property which may restrict development and drainage. Additional comments: ~~~/~~~,~•~ r hQ a lc/ao~ i`/r~m~ ,('~; L~,y,~ ~ ~L~a ~4.~G : r //,v al ~ C:\NPDDCS\FDRMS\LANDSCAP.APP ~ M ~Z O J O 'a^V s+! ,OOLfl M+M~ ~t f a.""~r•~+v 9 .o,w ~ ~> ~j ~ ~~ t ~ ---- ~ as 1 P ~ i Q ; AA d ' ~ o M f~ ~ 'v m > B s P ~ °~ ~ IC ~ ~ o V 3 0 Zf ~ iz3.°+ ~o ~~~ p i i •. a~ Aw sA ................i ~.OOIi .os A. A ,~ 1 ~~ ~~ 1 i t t b ~ Q ,~ ~ ~~~' ~ > 0 ~ ~ ~ .oatFa i N- i ~.._: .~..__ _~..-a. ~~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ wF~.aioa~r ,IIII~ 1992 MEMORANDIIM To: Kenai Harbor Commission Kenai Planning and Zoning Commission ~/ From: Kim Howard, Administrative Assistant N Date: October 5, 1995 RE: Lease of Tidelands Attached is a letter the City received from Kendall and Thad Carlson asking to lease tidelands they have historically fished. Council discussed this issue at their September 6 meeting and directed the administration to proceed with having the area classified as available for leasing. The area is described as: City of Kenai Shore Fishery Lease No. 1 A certain parcel of tideland within a portion of Section 26, Township 6 North, Range 12 West, Seward Meridian, Alaska lying west of the mean high water line within Tideland Patent 20598, City of Kenai, described as follows: Commencing at the ; witness corner meander corner common to Sections 23 and 26, Township 6 North, Range 12 West, Seward Meridian, Alaska: monumented by a 22" brass cap monument; Thence SOUTH 89°56'01" West 358.50 feet along the Kenai City Limits to the 1988 Mean High Water Line of the Cook Inlet, the POINT OF BEGINNING for this description; Thence SOUTH 89°56'01" WEST 1427.40 feet along the Kenai City Limits; Thence SOUTH 18°27'01" EAST 1293.73 feet; Thence SOUTH 69°19'03" WEST 148.62 feet; Thence SOUTH 20°40'57" EAST 618.27 feet; i Thence SOUTH 70°37'12" WEST 158.26 feet; Thence SOUTH Thence NORTH Thence NORTH Thence NORTH Thence NORTH high water 1 BEGINNING of 19°22'48" 70°37'00" 19°31'00" 70°29'00" 16°00'13" ine of the this parc EAST EAST WEST EAST WEST Cook ~1. 596.88 feet; 801.72 feet; 648.00 feet; 778.68 feet; 1392.35 feet along the mean Inlet to the POINT OF KMC 11.20.040, Classification Prior to Lease Required provides: Before accepting applications to lease tidelands, the area involved shall have first been classified for leasing by the City Council with the approval of the Advisory Planning and Harbor Commissions, and their availability advertised in a newspaper of general circulation in the area once each week for two successive weeks, not less than thirty (30) days prior to the time set for the closing of the acceptance of applications, and that all applications are available for public inspection at the City Hall offices. (Ord. 532) ~ At this time, approval of the concept of leasing these tidelands is requested, not approval of any specific applications. Applications will be taken at a later date and any applications will be returned to the commissions and council for final approval. Do the Harbor Commission and Planning and Zoning Commission recommend the above-described tidelands be made available for lease? Attachments cc: Max Best Kendall & Thad Carlson /kh C:\WPDOCS\LEASES\SHORE.MEM CITY OF KENAI 210 FiDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 ~ TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~r~..tan 1III~1 ,~: September 12, 1995 Kendall H. & Thad A. Carlson 567 E. 1100 North Logan, Utah 84321 Re: Shore Fishery Lease Applications As you are aware, the Kenai City Council discussed your shore fishery lease applications at their meeting of September 6. The council directed the administration to return the lease applications to you because the area involved has not been classified for leasing. If you are still interested in leasing that area, you should reapply once it has been classified as available for leasing. Enclosed are your applications and two new application forms for that purpose. Max Best has indicated he will provide a metes and bounds description of the property you wish to lease. The city administration will be working with the Harbor Commission, the Planning and Zoning Commission, and the City Council to determine whether these tidelands should be classified for leasing. Once the city has classified these tidelands for leasing, their availability will be advertised in the local paper for two weeks, not less than 30 days prior to the time set for the closing of the acceptance of applications. Lease applications will then be reviewed by the Planning and Zoning Commission, Harbor Commission and City Council. The City Council will make the f final determination of the selection. We have the two $600 deposits that you submitted in 1990. If you are going to reapply, we can use the same deposits. If you don't intend to reapply and wish to have your deposits returned, please let me know in writing. ~ If you have any questions, please contact me at 283-7530. Sincerely, %'~~ Kim Howard Administrative Assistant /k Enclosures cc: Max Best Robin Feltman, Finance Department C:\WPOOCS\LEASES\CARLSON.LTR HC O1 Box 5 Kenai, AK 99611 August 4, 1995 The Honorable Mayor John J. Williams and Kenai City Council 210 Fidalgo Av Ste 200 Kenai AK 99611 Dear Mayor & Council: 9r AUG i~~5 .,.~-.. .. .. N i. •-J.U`5.~..i. ~_~ CJ ~.iiY ' LUi~: i. .~~ v ~~~~~~~ This letter is to request set net fishing leases with the City of Kenai for Kendall H. Carlson and Thad A. Carlson. Our site is located on your northern city limit boundary and part of it is outside city limits where we have a state lease. Ken has fished this location for 36 years and Thad has assisted- him for 15 years. We filed our applications 5 years ago on July 17, 1990 and paid $1200.00 deposit. Each year we have checked on the progress and have been told no action had been taken because they wanted to wait for the existing 10-year leases to expire and then look at the basis for granting leases. The existing 10-year leases expire at this time and we understand current lease holders have requested and been granted new leases. To our knowledge we are the only ones on our beach not granted a lease. Of special interest is that half of our #3 running line is in the city and half is in state waters. Our fishing location has been well established long before the new ruling of transferring jurisdiction from the state to municipalities came into existence. We ask that our leases be granted on the same basis as other lease holders and feel this is the time to take action as other leases are renewed to avoid discriminatrion. 9//~~ ~~~, ~,~ We feel we have been patient and ask you to direct correspondence to the addresses on our 5-year-old applications or call us at the phone numbers listed. Patiently and Sincerely, Kendall H. Carlson Thad A. lson cc: KPFA Mclane & Associates ~ C ` )\ U.(.lVk -~-5 n ~ See. 23 _ ~~ ATS 2T2 R~ See. 26 g GOY LOTS 7 ~ Tidolond Pet~nt 20598 \~\ \ CItY of Knnai KIEL I tl~ 2I0 Fidalyo Sf. ~ 1 K•n•i AK. 9981 1 2 •91 ` SUeO 3 4 • \ \ ~ LOT e / ~ 9 O / \ N.A / / \N / \ ' \ \ \ ~ \ \ \ \ v SHORELINE \ ~ \ ~ SFP TI \ ~ ~ ~ / / TRACT I n:~„ \ HEIeNT4 ~h / \a \ , \ ~ i/r`1'i ~ / sued \ / / i / = ~ / \ \N \ / \ \ \ BRACT B \ \ \ ~ \ SFOI 1333 ~ ~~~~ ` 60Y lOT IS \ SfP 71 \ / AOL 2244 / \ ' / , TRACT 2 / ~- %\ \ \/ / /~~ ~ N ~ LOT 16 \ ~ \ +s ~ LOT IT -- ~ _ _ ~ -- \ LO e / SF- 71 lIS ..•• aoo' ~ \ o' <F \ \ raACT s 90JB, \ \ ~ 7 \ / \ 3 OCEANSIDE ~ ~ ~~' o s, 9°°2 f ~ / / 04 o p 9 \ ~ j N \ 26 1 >' ~ ~ \ SFP TI \ ~ * e ~o ~ / oD~1 0 / TRACT • \ ~5 36 ~\ \ / \ X 3 5 4 0 9` •1 b \ S FP T t • / L O T i/ ~ ` ~'', ~' p'~' p • + \ ~ \ TRACT S ; A S ce 00 i O o9° ~. / \ '~~~Gt I \ 4 \ /~ _ ~f TRACT 6 O / O . \ ~~ I -~- \ / SFP 71 \ / 11 / TRACT T \ / ~ / \ l ~ I,wlL/.( Lug." ~ ~ FISHING LIMITS LI NE 'FOR KENAI RIVER \ / r m G1 m W N .t a~ N e w °. 7: °~~ O a o ~ >E ~ e• T m 9 ~ A ~ q 25.5• R c W fA ~ COOK INLET W N O • ., , ~., ~ _ mow- _ T y ,,~ ,~ ~~~ i .n . ,; . - ~.. - Snlly4 _ sEOt ~:~i ~ \~ ~ ,f{ ~e+~,r.. TR71C~-11 :i::- , -- - .~.. - -.' _ .s. _ SEC 23 ~~_ A0~ 223236 ~ _~: '1Y.s ~ . r , ~ \ _ ~ _ ~ S 2E "11 _Q'. ,~ ~~ ~ ~ . F -1;~ -; - _ _ 14 ~ 7.4(3' "'` 358:5Q, cov. _0~ 3 -KENAt CITY CIMt~ = -~s'_~ •,, •,\~, i,a~ekc OWNER ~ '~ 'i~•-: ~.r. `' _ ,' _ s - UNtYERSITY t)E ALASKA 910 YW(O4F flR. ~ _ .~ - c ,,,_._ - ~ ~ ,~e ~; FA'RBA?M5~ AK 9975 - ~ . ATS 2~2 ~ " 11DE-.AK/ PATEty' 20598 ~ ~ y1, - 5-±' 2~0 F~A.uO ST. - - ~ _ ~ ~ - ~ `~ ~1, ~ ~ .. y _ ~f H1NL !_ _ ~ ~ ., :E ` d,p.. ttj r N ya ~ ~ lr! 8~ - - 1 L~ -~ ' tn~ ~ _ ~' ' ~ ~ 'th ~~~ '~ ~ 76°- "-' -' a ...- ~,- • ~~ , ~. ~` ~ q,. ~: `~ ~z I _ --. , t f ~ ~ ~ T. ~.L € \ ~ , - ~` 1~ ~~ ~~ n mod. ~ ~' ..r -~ ,~ , m_: -,~ - ~ ,+ ` ~ ~ F ,` T t sr,- .. _ _r ~~ ~~ ~~ _ , - `~i .x, ~~ ~, ' ~~~~'~''`~°~ STATE OF ALASKA DEPARTMENT OF ENVIRONMENTAL CONSERVATION _A ~~~ ~w' FOOD SERVICE ESTABLISHMENT INSPECTION •m Sanitation Requirement y ..l Source, condition, no spoilage 02 Original container, properly labeled FOOD PROTECTION 03 Potentially hazardous food meets temperature requirements during storage, preparation, dis- play,service, transportation ' 04 Facilities to maintain product temperature OS Thermometers provided and conspicuous 06 Potentially hazardous food properly thawed ' 07 Unwrapped potentially hazardous food not re-served 08 Food protection during storage, preparation, display, service, transportation 09 Handling of food or ice minimized 10 Food or ice dispensing utensils properly stored PERSONNEL - ' 11 Personnel with infections restricted ' 12 Hands washed and clean, good hygienic practices 13 Clean clothes, hair restraints FOOD EQUIPMENT & UTENSILS 14 Food contact surfaces: designed, constructed, main- tained,installed,located 15 Non-food contact surfaces: designed, constructed maintained, installed, located 16 Dishwashing facilities: designed, constructed, main- tained, installed, located, operated 1 7 Accurate thermometers, chemical test kits provided, gauge cock 18 Pre•flushed, scraped, soaked 19 Wash, rinse water: clean, proper temperature ~` 20 Sanitizing rinse: clean, temperature, concentration, exposure time; equipment, utensils sanitized 21 Wiping cloths: clean, use restricted 22 Food contact surfaces of equipment and utensils clean, free of detergents or abrasives 23 Non-food contact surfaces of equipment and utensils clean Storage, handling of clean equipment/utensils Single service articles: storage, dispensing, used 26 No re-use of single service articles WATER/SEWAGE 27 Water source: safe, hot and cold, under pressure ' 28 Sewage and waste water disposal PLUMBING 29 Installed, maintained ' 30 Crossconnection, back siphonage, backflow TOILET& HANDWASHING FACILITIES ' 31 Number, convenient, accessible, designed, installed 32 Toilet rooms enclosed, self closing doors, fixtures good repair, clean; hand cleaner, sanitary towels/hand drying devices provided, proper waste receptacles GARBAGE & REFUSE DISPOSAL 33 Containers or receptacles covered; adequate number, insect/rodent proof, frequency, clean 34 Outside storage area enclosures properly constructed clean, controlled incineration INSECT, RODENT & ANIMAL CONTROL ' 3, Presence of insects/rodents-outer openings protected no birds, turtles or other animals FLOORS, WALLS & CEILINGS 36 Floors: constructed, drained, clean, good repair covering installation, dustless cleaning methods 37 Walls, ceiling, attached equipment: constructed, good repair, clean surfaces, dustless cleaning methods LIGHTING/VENTILATION 38 Lighting provided as required, fixtures shielded 39 Rooms and equipment vented as required DRESSING ROOMS 40 Rooms or lockers provided, facilities clean, located OTHER OPERATIONS ' 41 Necessary toxic items properly stored, labeled, used 42 Premises maintained, free of litter, unnecessary articles: cleaning,/maintenance equipment properly stored, authorized personnel only Complete separation from Iivlny quarterf, laundry Clean, soiled linen properly stored lt„NL VIOLATIONS Name of Establishment Weight ,~,~ ~/ 5 Name o Operator -- 1 ~~I I Location /`~ - 5 t -4 Mailing Address, City, State and ip Code 4 Reg./Dist. Community Establishment Sanitarian / ~ L-1 1.1 ~_ ~~ Mo., Day, Yr. of Inspection Time I , Time 5 ~ ~ ~ fj l In -~~--~-- Out -- ~.C7 t 5 Purpose 1 1 Routine ^ Pre-opening ^ Follow-up ^ Complaint ^ Epidemiology 2 Soft-serve Samprrled / Follow-uef' Required 1 ^ Ves LLl-fto o~^ Yes In days 2 Based on an inspection this day, the items marked at left identify violations in operations or facilities which must be co•rec tad by the next routine in- spection or such shorter time as may be specified in writing, Failure to com- 1 plv with any time limits for corrections specified below may result in sus- pension of your permit. 118 AAC 31) 1 'Critical items needing immediate attention. 2 4 Please Note: 1 SMOKING IN PUBLIC PLACES YES NO N;A 2 Signs Posted [, ^ (~ Provided: 1 ^ Guidelines. AS 18.35, Signs? ^ ^ 1 Posting Verified [] ^ ^ 1 2 WATER SUPPLY b Sanitary Survey ^ ^ ^ 4 Samples Current ^ ^ ^ 1 5 OPERATOR RESPONSE REQUESTED 4 Postcard/Other ^ ^ ^ 2 The following observations were made regarding water. wastewater, solid waste: and tishlshellfish/meat/poultry sources. These will be torwarded to the appropriate ADEC program "I'~on. 2 ~ ~ 1 I ~~ ~.~--ra y-_ t r 1 'V 1 ~ :~ 1 5 REFER TO CONTINUATION SHEET FOR COMMENTS CONCERNING THIS 1 INSPECTION. 1 ~ 1 f ~~~ ` ~~ ~ '~~,~ 1 R ived By RATING SCORE - 100 less weight of items in violation I s acted y 18-0924 (Rev. 2/83) Distribution: White -Sanitarian; Cana ry -Establishment Operator; Plnk -Data CContinuation Sheet Date Data L / t , \~