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Home My WebLink About1994-06-08 P&Z Packet ~~~ PLANNING AND ZONING COMMISSION **MINUTES** May 25, 1994 - 7:00 p. m . Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Carl Glick, Teresa Wemer-Quade, Charlie Pierce, Kevin Walker Members absent: Lori McComsey Also present: Councilman Hal Smalley, City Engineer Jack La Shot, Administrative Assistant Loretta Harvey 2. APPROVAL OF AGENDA PHIL BRYSON MOVED APPROVAL OF AGENDA AND ASKED FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES May 11, 1994 RON GOECKE MOVED APPROVAL OF MINUTES AND ASKED FOR UNANIMOUS CONSENT. PASSES BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-25: Rasmussen S/D #3 MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 94-25 RASMUSSEN S/D #3. CHARLIE PIERCE SECONDED. Chairman Walker asked for public comment, there being none he asked for staff comments. La Shot stated he had nothing to add to the report. Commissioner Bryson added this item was before the Borough at the last meeting and clarified the city requested the easement. La Shot said the city may have put the utility easement on there for one of the water or sewer services. Page 2 -Planning and Zoning Commission May 25, 1994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 94-26: Stanford S/D MOTION: CARL GLICK MOVED APPROVAL OF RESOLUTION PZ 94-26 STANFORD S/D. RON GOECKE SECONDED. Chairman asked for public comment, there being none it was brought back to the Commission for questions or comments. VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS a. Resolution PZ 94-24: Encroachment Steve Bunch MOTION: RON GOECKE MOVED APPROVAL OF RESOLUTION PZ 94-24: ENCROACHMENT STEVE BUNCH. CARL GLICK SECONDED. Commissioner Walker asked for public comment, there being none it was brought back to the Commission. Walker asked for staff comments. La Shot said he had no additional comments to the report, but he stated the owner thought there was a 10' setback on both sides when actually there is 15' and 10', the total encroachment is 7/10's of a foot. Page 3 -Planning and Zoning Commission May 25, 1994 Minutes Commissioner Goecke asked who is responsible for the encroachment, the owner or builder? Walker stated the builder is until the owner bought it and took over the responsibility. Goecke stated the builder, in this case, has built homes in this town for many years and had to have known the setback. Commissioner Bryson asked for clarification on La Shot's comments: is the 7/10's of a foot encroachment into the side setback on the 15' side or the 10' side? La Shot answered the 15' side. Walker said .7 ft. is not very much distance. Clint Hall (the builder of the house) was called to the podium. Commissioner Pierce asked Clint Hall to explain how this encroachment occurred. Hall stated the home is split entry (1 ~/2 story). One side of the building has a living area over the garage. The garage recessed a little way and we expected it would be a 1 ~/2 story, which is 10' setback; our surveyor did not see an encroachment. When we discussed it we thought it would be in the best interest of the owner to get a variance for this; because 10 years from now another surveyor may see it as an encroachment. Pierce asked Hall when he was made aware of the encroachment. Hall said at the final inspection. Commissioner Bryson stated his company has worked with Hall in the past but did not work with him on this property. Bryson said he felt he had no conflict on the issue and will vote unless there is an objection. Chairman Walker stated there is no objection. Goecke asked Hall if he knew there was a 15' setback on two-story homes. Hall replied yes; but he viewed this home as a 1 ~/2 story. Chairman Walker asked what the cost factor would be if this encroachment were evaded. Hall said the ground level would have to be raised up a few inches to meet the ordinance to call it a 1v2 story; raise the gas meter so it is the right distance above the ground. Hall said the reason they did not want to do that is because he wants a parking pad there and it would make it un-level. Commissioner Bryson stated even if the 15' side set-back was made apparent at the time, it appears the general intent was to follow the code. Page 4 -Planning and Zoning Commission May 25, 1994 Minutes VOTE: Bryson Goecke Pierce Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES YES MOTION PASSED UNANIMOUSLY. 6. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS Chairman Walker added the hand-out under Code Enforcement items. La Shot said there will be a couple more items to add to this list. La Shot stated there will be a car crusher on Quandt's property around June 15, a permanent site will be set up in Sterling. Councilman Smalley said he had been questioned about the RV's being parked/used at the guide service by the Eagles Club. La Shot said he has not received any calls on this item; Smalley asked La Shot to check into it. La Shot said he has spoken to the City Attorney about these RV's and a letter might be sent asking them to get a C.U.P. for a limited RV park. 9. REPORTS a. City Council Smalley said there will be nine U.S. Senators visiting the City of Kenai, July 4 - 7, participating in the Kenai Fishing Classic. They will be attending fund raisers to support the protection of the habitat; Council will have a gathering with them (possibly on July 7). The city would like to show them bluff and possibly go to the Corps to get some estimates/ideas on what can be done with the bluff erosion. Smalley stated the city will not have a paid lobbyist next year; the City Manager and Mayor will be doing some lobbying efforts for the city. Walker asked Smalley to elaborate on this subject. Smalley said it was felt with the revenue situations they way they are, and what the city has accomplished from the group that has been going to Juneau, it was Page 5 -Planning and Zoning Commission May 25, 1994 Minutes generally felt we can do just as well. Smalley said the budget was amended to cover the additional benefit packages of the City Manager, City Attorney and City Clerk. Smalley referred to a Letter to the Editor in the newspaper regarding these salaries. He said the Council discussed salaries and evaluations individually; then came back to announce the salaries and evaluations had been set and done. When the time-out was called, the figures were discussed to make sure it was done in accordance with the rules. Smalley said there was a petition brought to the Council for Basin View paving. He stated with the lack of funds there was no action taken. Smalley stated some old playground equipment was donated to the Twin City Raceways. Smalley said the Council discussed the Airport Gates project. The problem was whether or not to keep the old gates for back-up; City Manager said get rid of old gates. He said there was also some discussion on Townsite Historic grants and programs. Smalley reported the city has been looking into making a road into the area behind the dustbowl for some campsites. Walker asked if this has been run through Parks & Recreation. Smalley said it had and they have also checked some other spots, but this spot seems the best. Pierce asked what the estimated cost is. La Shot said the cost is minimal. La Shot said the Public Works Street Crew was told to go out and start making the road. He added that after thinking about it he raised a question of whether the city should have a C.U.P. for a tent camping area in a light industrial zone; the attorney is looking into it and Kim Howard is checking with FAA to see what kind of permission we would need from them. La Shot said one of the camping spots was infringing on a piece of property we just leased to HEA so that site was moved out, leaving six spots. He said four more spots may be added rather easily. La Shot said the attorney thinks the city does not need to comply with the zoning laws and he will keep the Commission informed. La Shot said he scheduled a public hearing at the next meeting for it and will wait to hear from the attorney if we need to go through with it. Commissioner Bryson asked about waste facilities. La Shot replied the only thing there now is an outhouse. He added water service may be extended out there. Bryson said this could become a problem with public camping. Smalley said there was talk of putting Aorta-potties in different locations through-out the city. He added part of the problem with putting in restroom facilities is the cost, it is very high. Walker stated it would be nice if facilities are put in, to have them close to the dustbowl because of it's high volume of use. Page 6 -Planning and Zoning Commission May 25, 1994 Minutes b. Borough Planning Commissioner Bryson said all items on the Borough's agenda was approved. He reported on the item "Supporting the Juneau Creek Alternate on the Sterling Hwy." the DOT came up with several options regarding the highway in the Cooper Landing area; one is upgrading the present road in front of the presently developed areas; another is keeping the highway on the north side of the river and climbing the bench, almost near the Juneau Falls area, which is several miles up the trail, then come down west of the other bridge (up Snug Harbor to Juneau Falls and back down). The community seems to be in support of the route that would by-pass Cooper Landing. Walker asked if the Borough was aware the minutes from the City of Kenai's Planning and Zoning meeting would be °Unapproved Minutes." Bryson stated they are aware of that. c. Townsite Historic Board d. Administration La Shot stated he had nothing further to add. Walker told La Shot he has been approached about the "Cannery Rats" problem this year. La Shot said he gave the Police Department information on the property/owners in the area; they will start patrolling down there. Walker added there were people camping in the gravel area at the dock last weekend (three or four). La Shot said it was passed on to the Dock Manager. He said there may be more problems with campers this year because of the new rules on subsistence fishing. Bryson brought up the change in the intersection at Bridge Access Road and Kenai Spur Highway (DOT's plan for the new highway). He said it will adversely affect all the business' in that area. Through-access would be cut off by a median in the center of Bridge Access Road. La Shot said these concerns have been passed on to the state. Pierce asked if this proposal was on the preliminary plan. La Shot said the earlier plans he received were mostly utility plans, not lane configuration. He added he does not know how receptive the state will be regarding the city's concerns but the state did say they have discussed the changes with local business'. Bryson said Dairy Queen seems to be the most severe with half their access closed. Pierce said the same is true for Frontage Road. Goecke added not just Arby's in that corner would be impacted, there are seven business' in that lot. Walker said he believes this is something that probably should have come before Planning and Zoning, although he knows the state does not agree. Page 7 -Planning and Zoning Commission May 25, 1994 Minutes 10. PERSONS PRESENT NOT SCHEDULED Gus Rodes, 207 Birch Street. Mr. Rodes asked if the Commission knew anything about Cable Television right-of-ways. He said he has Cable Television cutting across his land ...(tape end)... and they said they have aright-of-way to cut through his private land. La Shot said Cable may have a blanket easement to install service lines, and if they were running a main transmission/cable, they would have to obtain an easement from the property owner. Rodes said HEA ran power across the property 25 to 30 years ago, then Cable came in and hooked it up to a pole and ran it across the property. He said when HEA upgraded their service along Birch Street, they took out the pole in the back and ran underground cable leaving the old pole and saying Cable would take the old pole out. Rodes said the pole is old and rotten. Cable called to talk to Cable about the pole and Cable told him they were granted aright-of-way from Planning and Zoning. Bryson asked Rodes if his lot is within the property that Dick Morgan platted, Rodes replied yes. Bryson said Morgan platted an alley/access in the back on those lots, and asked if they were in that alignment. Pierce asked if it is a service drop or major trunk line. Rodes said I think it's a service drop to Dunworth's property, it serves his property. Pierce asked if it encroaches on Rodes' property. Rodes said yes. He added what he is worried about is that pole. Walker said he is unaware of any easements granted by the Commission that would not be in the normal designated utility easement. Bodes asked who granted them the franchise. Walker stated their franchise would be granted through their normal business associations, that's a publishing type thing, not a utility easement type franchise. Rodes said there is a difference of opinion there. Pierce said there are franchise agreements between local utilities and municipalities or borough, but they still have to follow the utility easement. He added service connections can cross private property, i.e., if this service were servicing your house, it could come from the pole onto your property but it should not, at any point, go outside the boundaries of your property and encroach on the adjacent property, as it relates to gas utilities. Pierce said he is not familiar with the Cable company's procedures. Smalley said this issue needs to be resolved by Mr. Rodes and Cable Television. Bryson asked La Shot if Cable Television originally install these lines in city right-of-ways without approval? La Shot said there were some negotiations to begin with but by the time they got to the construction they had a permit. Rodes said he is having a difficult time finding out what the definition of a junk/wrecked car is and if this Commission could come up with an answer please let him know. 11. INFORMATION ITEMS 1. Letter to Warren Oja -Spruce Beetle Commissioner Werner-Quade commended Loretta Harvey on the letter she sent to the Page 8 -Planning and Zoning Commission May 25, 1994 Minutes Chugach National Forest. 2. KPB Request for Minutes 3. Memo to Council -Research Black Hills S/D 12. COMMISSION COMMENTS & QUESTIONS Commissioner Werner-Quade said it might be in Bob Springer's best interest to attend some of the Townsite Historic Review Board meetings. Chairman Walker said he will be unable to attend the June 8, 1994 meeting and asked Carl Glick if he would chair the meeting. Glick stated he will let the secretary know ahead of time if he cannot make the meeting. Smalley stated he will miss a lot of meetings this summer but he will have coverage while he is gone. He also added to be sure and let the Commission know about vacations, etc. 13. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:10. Transcribed and submitted by: _~~l~7lc~~;L~ ~~ Kathy Woddford, Public orks Admin. Assistant for Loretta Harvey, Planning & Zoning Secretary STAFF REPORT To: Planning & Zoning Commission Date: June 8, 1994 Prepared By: JLJkw Res: PZ 9427 GENERAL INFORMATION Applicant: Tom & Pam Cochran 118 Wooded Glen Court Kenai, AK 99611 Requested Action: Encroachment Permit Legal Description: Lot 9, Block 2, Deepwood Park Existing Zoning: Suburban Residential Current Land Use: Medium Density Residential ANALYSIS This property has been through the encroachment permit process previously. The application was denied and appealed to the Council. The Council upheld the decision. This application contends the house is a single story on the side of the encroachment. The house is actually a two story home that has a single story portion with a deck area on top, on the side of the encroachment. The city code is not clear what determines the setback. The city has, at times, established setbacks on each side yard differently, depending on the stories on that side. RECOMMENDATION Regardless of the stories present, a good argument can be made either way, however, the encroachment still exists. The major objection the last time the application was made was the perceived detriment caused to the adjacent lot. Also, if the decision is reversed, administration recommends assuring that a 1 hour fire wall with no openings exist on the side of the encroachment. The UBC requires this of buildings with this occupancy closer than 3 ft. of a property line. ATTACHMENTS 1. Public Hearing Notice 5. As-built Survey 2. Resolution No. PZ 94-27 6. K.M.C. 14.20.185 3. Application for Encroachment Permit 7. Information from previous attempt 4. Letters from Cochran & Heritage Real Estate (~a 1791 -1991 CITY OF KENAI _ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE. A public hearing on an Encroachment Permit, under KMC 14.20.185, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, June 8, .1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by Tom & Pam Cochran, and is for property described as Lot 9, BI 2, Deepwood Park S/D (118 Wooded Glen), Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to June 8, 1994. 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. CfiTY QF KENAL PLANNING & ZONING 'COMMISSION 'ENCROACHMENT 'PERMIT RESOLUTION :NO P2 ';°; 94- 2 7 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: Tom & Pam Cochran LOCATED: 118 Wooded Glen Court LEGAL: Lot 9, Block 2, Deepwood Park BY: Applicant WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on ~~~~, 1994. 2. This request is on land zoned Giihiirhan Raai~Pntial (RS) '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 b Section 14.20.280 was conducted by the Commission on 6~8/9~ 1994. ~ NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) (has not) demonstrated that the proposed development meets the criteria for said permit and therefore the Commission (does) (does not) authorize the permit to be issued. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, June 8 , 1994. ATTEST: Planning Secretary c:\wp51\PZ\encroach CHAIRPERSON APPLICATION FOR ENCROACHMENT PERMIT ` F'-~F't#~~, tj~'r NAME:::. STREET"°ADDRESS MAILING ADDRESS. <LEGAL:DESCRIPTION" ' ' BONING°DISTRhCT: (C.ircle.1); C CC CG RR RR-1 RR-2 RS S-1~;RS-2 RU R IL IH ''<PHONE ; 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 NIIMBER TO INDICATE THAT YOJ HAVE READ AND UNDERSTAND THESE CONDITIONS. n ~. 1. ~ ~`'"" An encroachment means any object or structure above or below ground and constructed or located in a manner other 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. ~J~L'~A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising 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 ~. ~ ~ 'r Signature of Applicant: L'~~~~ ~ 1791-1991 CITY OF KENAI ,,D~l G'dj~~il o~ ~4~i~" 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 26~'Y! ~, ~ FAX 907.283E3ph ~, ova ~~ ~ ~ V/ 5/24194 PLANNING AND ZONING COMMISSION F,E : E~JCROACHMENT P ERM I T ~~° WuGD~D 1LLN KENAI, AK. ..DEAR COMMISSIONERS, WE ARE ATTEMPTING TO PURCHASE THE PROPERTY IN QUESTION FROM FANNIE MAE THERE IS AN ENCROACHMENT OF 2.6 FT. GVER THE SIDE SET SACK LINES CN ~~NE SIDE ~:~F THE PROPERTY. WE WOULD LIKE TO REQUEST THIS PERMIT TO ENABLE US TO GET FINANCING FOR `PHIS HOME , AND TO ENSURE `PHAT IT WILL BE RE:;ALEABLE IN THE FUTURE. SINCERELY, TOM AND PAM COCHRAN HERITAGE Real Estate Corporation 5/24/`_x4 PLANNING AND ZONING rOMMISSION RE: 118 WOODED r,LEN KENAI AK. GEAR ~"OMMISa^IONERS, I AM THE REALTOR ATTEMPTING TO ASSIST PAM AND TOM COCHRAN IN THE PURCHASE OF THIS PROPERTY. IT IS A FORECLOSED PROPERTY AND IS CURRANTLY OWNED BY FANNIE MAE. IT HAS BEEN SITTING VACANT FOR SOME TIME. PRIOR TO BEING FORECLOSED UPON~IT HAD BEEN LISTED AND ON THE MARKET FOR SALE FOR 369 DAYS WITH THE LAST LISTING AGENT. BEFORE THAT I'M NOT SURE HOW LONG THE OWNER HAD BEEN ATTEMPTING TO SELL IT. DUE TO THE ENCROACHMENT, AND INABILITY TO OBTAIN FINANC_.ING, BUYERS ARE IiNDERSTANDABLY RELUCTANT TO PURCHASE THIS PROPERTY. A VACANT HOUSE IN A NEIGHBORHOOD IS A DETRIMENT TO ALL THE HOMEOWNERS IN THE IMMEDIATE AREA. AS THE YARD BECOMES v'dERRUN AND THE HOUSE DETERIORATES EVERYONES PROPERTY VALUES SUFFER. I WOULD LIKE TO RESPECTFULLY REQUEST THAT YOU CONSIDER GRANTING THIS PERMIT , NOT ONLY TO ENABLE THE COCHRANS TO PURCHASE THIS PROPERTY , BUT ALSO TO BENEFIT THE OTHER HOMEOWNERS IN THE NEIGHBORHOOD. SINCERELY, J ~ ~~-- ~~~I~~~ KATHLEEN FOSTER ASSOCIATE BROKER HERITAGE REAL ESTATE SUS LAKE ST. SUITE #3 KENAI, AK. 99611 3230 C Street, Suite 102 16511 Centerfield Drive 35571 Spur Highway 500 Lake Street, Suite 3 701 East Parks Hwy. Suite 101 Anchorage, Alaska 99503 Eagle River, Alaska 99577 Soldotna, Alaska 99669 Kenai, Alaska 99611 Wasilla, Alaska 99654 (907) 562.1222 FAX 273.2473 (907) 694-4994 FAX 694-3641 (907) 262-5862 FAX 262-1004 (g07) 283-4408 FAX 283.4225 (907) 376.2448 FAX 373.7296 4 ~~ q V~ ~~;~~~~~ ,j~ ~.. ~ ~ t~ ~ ~, ~ ? .~ / \ 1` ,0 1 ~ ~ ~"~:..~ S utt~. tism t. S/Dlr 9` .C'Ed'~ SET 8yr,e.L~NES J ~ t t i N o T p.P.~ ti.~l 8y ~.erc ~,~ FE,~. ~' ~ `%-#_.i- Zs' tto9 s,tt~«x /l,~~I ,' - aA ~ t r , ~ .. ~ a.~ GN~-t~iiwl 't f3 ~ z•~~~~`~ t i ~ ~t ',- ,1 ~ W k Daoir ~+ ( i~~ ?t 1 /~ Jir ,~~~ Lot 9 ~~~ i~ ~t ~N h~ h o~ .~ .,i ~ t ' ~~ OETAlL 1 2" = Oft. r ~EG£f~ta ANO f,o--Es ~Fovnd offitl0i tt-onuntent, Found S/8~~ reDor. O Set I/ 2 '~ rebar. l 1 1ndiCOtR; Oatuttt of R.acad. o W~t- ~ Stpfit v~rtt o Rowar Qots Frafie S-rucfu,e IG AS-BUILT SURVEY 1 MnO~ otrtd~ thot 1 hart svrrtYtd tha Iallcrtnpdsseritxd N ts~f-; l.,ct: 9 Bloek 2 DetlptaoaQ,park totatet m.tno Kestni A:ee~dt~p tatstrkr~ •I~tlu~ and thtt IA1 tai0revtreMlt sifuaftd 1AtrU0n srf .Atfiit tbt Propteh flint ted do not owttgp of tnCroeel- oatlrs,sopNtr yrt, q~eerft thartto,taof r-o M-oro+ti- attaft of tht PreyAy ly ti odJtetnt tnrt:o ~m:rooeti oe $ CA L E ~ tut ~rsMNos to Nttitgll qnd firs! tfitrt ars w roedreyt~ 1" = 40' trrnrnrittMt ttttt er otutf+rklts aes~r*ts ee teieptoptra ept M Mlitlitd 1Myat. Ogttdt 8/YOJ85 ~f ~ its. Rt9tstorgd . esd S~rrtyort applicant shall be required to pay a $100.00 non-refundable fee to cover the costs of the public hearing notice. (e) Permit Expiration and Extension: An approved variance permit shall lapse twelve (12) months from the date of approval if the variance for which the permit was issued has not been implemented. The Commission may grant a time extension not to exceed six (6) months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987, 1033, 1155, 1459) 14.20.185 Facroachment Permits: (a) Definitions. "Encroachment" means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. (b) Intent. An encroachment permit is the relaxation of the development requirements of this chapter to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions. (c) Permit Application. An application for an encroachment permit shall be filed in writing with the City Planning Department and signed by the owner of the property concerned or representative of the owner. A fee of $100 shall be paid to the City of Kenai at the time the permit application is filed. (1) The application shall contain the following: [A] A legal description of the property involved; [B] Plans showing the location of all existing buildings, rights-of--way or easements, setbacks, elevations, and any data pertinent to the application. (d) Review Criteria. The Planning Department shall submit the application to the Planning Commission for review and public hearing. The Planning Commission shall. establish a fording that all of the conditions set forth in Subsections (1) through (4) of this section have been found to exist before issuing an encroachment permit. (1) An encroachment as defined in KMC 14.20.185(x) 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. (e) Public Hearing. The public hearing and notification procedure for an encroachment permit application shall be accomplished in accordance with the requirements. of this chapter. (f) Unauthorized Encroachments. Unauthorized encroachments shall be immediately removed by the owner upon being given notice by the .City. Notice shall consist of a written letter, sent by certified mail return receipt requested, or by personal service, explaining the violation and allowing twenty days to remove the encroachment. (g) Expiration of Permit. Permits shall expire automatically upon termination or interruption of the use; damage to the building, structure, or object which makes it 557-10/18/91 14-39 CITY OF KENAI uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever comes first. (h) Right to Appeal. Any revocation, suspension, or denial of an encroachment permit by the Planning Commission may be appealed to the City Council by filing a written notice of appeal with the clerk and stating the grounds for such appeal. The appeal notice shall be filed within thirty days after the effective date of the revocation, suspension, or denial of the request for the encroachment permit. All notices of appeal must comply with Section 14.20.290. (Ord. 1188) 14.20.190 Principal Structures: (a) Erection of More Than One Principal Structure on a Lot: In any zone more than one principal structure housing a permitted use may be erected on a single lot, provided that azea width and all other development requirements of the zone shall be met for each principal structure as though each structure were on an individual lot. (b) Distance Between Buildings on a Lot: No detached dwelling or other main building shall be less than six (6) feet from any other detached dwelling or main building on the same building site. (Ord. 925) 14.20.200 Acces9arv Sttvcames: (a) Yard Requirements for Accessory Structures: Where yazds are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) In an RR and RS zone, the minimum front yazd setback for an unoccupied attached or detached garage or carport shall be ten (10) feet; (2) Covered but unenclosed passenger landings or carport not more than one story in height may extend into either side yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required yard except within three (3) feet of any lot line; (4) A detached accessory building may be permitted to occupy a rear yard, provided that not more than 1/3 of the total area of such rear Yazd shall be so occupied. (Ord. 925) 14.20.210 Sight Obstruction on Corn Lots: On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in a manner which obstructs vision higher than three (3) feet above the curb level at the street intersection, provided that this restriction shall not apply to shade trees, the entire foliage of which is eight (8) feet above the height of the curb. This restriction on sight obstruction shall apply to the triangular. area formed by the two streets rights-of--way adjoining the lot and a line drawn across the lot adjoining points on each right-of-way twenty (20) feet from the intersection of the right-of--way lines. (Ord. 925) 46-11/13/87 14-40 CITY OF KENAI 1791-1991 CITY OF KENAI ~, ''ail G'a~~ ~ ,Q~~~„ __ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE A public hearing on an Encroachment Permit, under KMC 14.20.185, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, June 8, .1.994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidaigo, he~lai, ~;«~i~~r. The application was submitted by Tom & Pam Cochran, and is for property described as Lot 9; BI 2, Deepwood Park S/D (118 Wooded Glen), Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to June 8, 1994. 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. ~ ~~~i ~~~ ~. I~) woon.~ GLEN CI ~&N~, Ilk ~i~6il ~R3`~~~~ 4b STAFF REPORT To: Planning & Zoning Commission Date: June 8, 1994 Prepared By: JL/kw Res: PZ 94-28 GENERAL INFORMATION Applicant: Donald E. Bridges Box 963 Kenai, AK 99611 Requested Action: Conditional Use Permit Legal Description: Existing Zoning: Current Land Use: Lot 2, Block 1, Treetop Estates (808 Magic, C-1) Rural Residential 1 Medium Density Residential ANALYSIS The applicant is providing nightly rental of apartments which requires a C.U.P. The use is similar to existing rental uses in this area only on a nightly basis. Recommend approval, depending on public input. ATTACHMENTS 1. Public Hearing Notice 2. Resolution No. PZ 94-28 3. Application for Conditional Use Permit 4. Public Hearing Notice 5. Uncle Don's advertising flyer 1791-1991 CITY OF KENAI tai e~~~ ~ ~~~„ __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE A public hearing on a Conditional Use Permit, under KMC 14.20.150, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, June 8, 1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by Don Bridges, and is for property described as Lot C, Treetop Estates S/D, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to June 8, 1994. 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 SRE OR ARE AN INTERESTED PARTY. CITY OF KENAI PLANNING .AND ZONING COMMISSION RESOLUTION''NO: PZ'94- 28''r CANDiTIONALiUSE: PERMiT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Uncle Don's USE Lodginq LOCATED Lot C, Treetop Estates WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.321 has been submitted and received on: 5 / 2 5 / 9 4 2) This request is on land zoned Rura Residential 1 (RR-1) 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: h / s / 9 a NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED Lodginq MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE_ COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. - PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 8 , 1994. CHAIRPERSON ATTEST: Planning Secretary 'I CITY OF KENAI CONDITIONAL USE PERMIT NAME / ~ PHONE 3 ~ - ~ G% (Q MAILING ADDRESS ~~ ~ ~/ ~ (-P /~~~~ , ~. ~~~ ~/ ADDRESS jL. G'-- LEGAL DESCRIPTION l' I`,1j~! p~ ~ ~, ~ ~• ~- LuN1Yvu C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which ~ may be compatible with principal uses in some zones ~~j if certain conditions are met. I understand a YY conditional use permit is required for the proposed development as described: Please submit site Plan, Map (if available) and ffi Tra c Flow & Parking n ~ --T~ ~DU~ ~d~ ~r/c~v of Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved ~, has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have-not changed sufficiently since the_date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADIIITIONAL CONIIKEI~TTS .~ / c Applicant Signature: ~~ Date: ~ ~J ' ~y Approved at P&Z Meeting: Approved: Chairperson Attest: -,,.- ~ -- -SILYER`SALMO::N~'T~WNHOiU~SE~~ rY• ~ .~` "`Mlle Post~9:4•Kenol Spvr-Hfghway~ : ~: =~~ -~ ~ _ IIViBEAUTiFULTKENAI;•ALASKAt , ~;-~ ~.~ Y ~~ ;,h ~' $',.-'~ y ..~ r~~. y.. ~~.~•~w.~.~.r,,.sa<~-ea r tr .; af+._:•. r ~ =~, ,r•e~ /~"'. Two Bedroom Aportment-.Located.Neor..Downtown Kenoi n ~ • ' ::; Close to fishing;~Comping~SiteSeeing Shopping and Airport - /~""~ - Telephone; :Cb61e =~ DlshwasherWosher/Drye~Microaare-~ alLvtensils; BBQ,:Hovse Freeze~Bicycles s. - - Sleeps•FourComfortarblynthe.floor = i .. ~' Y ... ;4'. / Local.NewspaperDelrvered.:~• ~' .. , .x~ ~-,fir ~ ~.4~'~7f:-- ` '- ! /~"' Dally Maid Sernce Available. t~ ~, ,~~ Fomdy~ ~~ ~;~,S85p~r_-day~-~--~10 pekchlld.:.. r . ,4 ri ~- -Mlnlmum of-3 ormor~e_~35'eodr-perday ~ . ~ '~' ~r.~,.-'~'~+~;:': Pl~ose_Te7ephoae:forsWeekly Rates f ~`''' ~`~~~" P ~`'~`~ ^4n *~S9~a`?r'p' WF3*y''~.s.,,,~„-•~ -~, ~, t~~ISSWSe _ ice,, ~!.,: .~1~' P '~.'' + ,.8.',• 7 ~':y~ ._.,.`L'1ZY TOR101rLKN1~1~ ~~.'~""CSC=.. _.;„',G:k~,. it• ..~ _ y. v.,t, ~> .~ t:-M` L i. -t K l: ~ er t; ~'Rr u ~.~ ' =,i ~,- "~ .. ~ 3xk - ~r'.~y~~~r =:: ? . :~i a ^-~ ' .~- ~` l . .. . - - ~ r t ---•Focmoroinfo~vrr+esewofions; pleasexall~ •- •~ ~~• <:: Sue..of Accommodations Oh *he Kena1~ ~ •.,;;. . ,per • - :.. Kj _ _ Y.Y.. .. (907)"~62-2139 ` _ ; o~ ~ µ . - ~ ~ : r ~~. ~, ,~ . :+C .. .~ _. ~Y Y _ __ ..._ .. `_ ~- _ T. _..Y.~` .. s _ Lc STAFF REPORT To: Planning & Zoning Commission ~! Date: June 8, 1994 Prepared By: JL/kw Res: PZ 9429 GENERAL INFORMATION Applicant: The City of Kenai 210 Fidalgo, Suite 200 Kenai, AK 99611 Requested Action: Legal Description: Existing Zoning: Current Land Use: Conditional Use Permit Lot 1, Tract C, Baron Park No. 5 Light Industrial Airport Land -General Industry ANALYSIS The city has constructed a tent camping area as shown on the attached map. (just north of the "dust bowl" ballfield). Please see the attached memo from the City Attorney concerning zoning laws as they apply to city activities. The land use is general industry, however, historically, he city has used it as recreation (ballfield). ATTACHMENTS 1. Memo from Cary Graves, 5/31/94 2. Public Hearing Notice 3. Resolution No. PZ 94-29 4. Application for Conditional Use Permit 5. Area map CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ aFan 'IIII~ 1992 MEMORANDUM TO: Jack La Shot, City Engineer FROM: ~~Cary R. Graves, City Attorney DATE: May 31, 1994 RE: Applicability of Zoning Laws to City Projects You requested an opinion about whether the proposed campground on Marathon Road must comply with the city zoning code-in particular, whether the City must apply for a conditional use permit for such a campground. There is authority in other jurisdictions that municipal zoning regulations do not apply to the state or its political subdivisions. See Mc uillan's Munic~al Corporations, ~ 25.15 (3rd Ed.); 61 ALR 2d 970. However, the more modern view appears to be that municipalities are subject to their own zoning regulations. Clark v. Town of Estes Park, 686 P.2d 777 (Colo. 1984) (town could not construct parking lot in violation of zoning code). In State v. Weidner, 684 P.2d 103 (Alaska 1984), the Alaska Supreme Court held that state subdivision property sales must comply with local subdivision ordinances. The land use table in Title 14 contains an entry for parks and recreational facilities listing the principal and secondary uses. A campground would come under the heading of parks and recreational facilities in the land use table. Since the municipality is clearly the main entity to construct such parks or recreational facilities within the City, it appears the City planning and zoning code requires city compliance with the provisions of the land use table. For the above reasons, it is my opinion that the City should apply for a conditional use permit for the construction of a campground on Marathon Road. 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE A public hearing on a Conditional Use Permit, under KMC 14.20.150, has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, June 8, 1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Kenai, Alaska. The application was submitted by The City of Kenai for tent camping, and is for property described as Lot 1 & Tract C, Baron Park #5, S/D, Kenai, Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo Ave., Suite 200, Kenai, Alaska 99611-7794 prior to June 8, 1994. 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. CITY OF KENAI PLANNING AND ZONING COMMISSION :RESOLUTION NO. PZ 94- 2 9 CANDITIONAL IISE .PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR The City of Kenai USE _ Tent camping site LOCATED Lot 1 & Tract C, Baron Park No. 5 WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.321 has been submitted and received on: 5 / 2 5 / 9 4 2) This request is on land zoned Liaht Industrial c IL) 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: ~i~nP h„ 1994 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (HAS NOT) DEMONSTRATED THAT THE PROPOSED Tent Camping MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION (DOES) (DOES NOT) AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, June 8 , 1994, CHAIRPERSON ATTEST: Planning Secretary I ~_ ~' CITY OF KENAI CONDITIONAL USE PERMIT NAME CITY OF KENAI PHONE 283-7933 MAILING 210 Fidalgo, Suite 200 ADDRESS ADDRESS S~/ A LEGAL Lot 1 & Tract C, Baron Park No. 5 DESCRIPTION ZONING C RR RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments.. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is required for the proposed development as described: Tent camping Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is .required before the issuance of this permit. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS: Applicant Signature: Date: Approved at P&Z Meeting: Approved: Chairperson Attest: _ ~- ~, R:11W, S:6. ~ M• ~~. - QK ~5 M= 'I .CT .8= _.* v ._ - ~ r o !~1 i l l .A n •~.. r •~ Qp SK ~5 .. - - L _D T ~ 1 • • - -i .. ~'' ~~ a ~ ;~~.;..- ~~ARdN - -P~4R~I N . 5u . J . 5~~~ /~lYBGrI(r5~' .~s• ~'~~~ ~ Assessot•'s-~ ~'~p - _~ ""1 HiGHwAY . SPUR ~ Kenai Peninsula . 8 SK NOTE - Assessor's Block Numbers-Shawn in Eclipses ~~- ~4eeesser's Parcel Numbers ~ewn in Circles 9 c~ ~ ~ ~ O C O ~ ~ .` ~O = o N H3-`~ ~3v~ rn ~ ~ ~r ~ a~ ~ ~ = C O ~ C ~ ~ o ~- ~ F-' ~ L ~t ~ ~r ~ M O .~ ~ mot a ~ OE a . - a~ to c°O~ i ~°~ 3 i Y rn~ i i-a Z L LJ C r te ~ C (n L O ~ ~ ~ ~ c C N (~ ~ (~ C~ L C N C w! N ` V N ~ `` W _ O ^v ,, c L `` A W ~~ ,, ^ W ^^ '' ~ W V C ,, ^ W `` ^ _U W ,, A W ~ i o O U J ~ ~ ... (nJO U J _ c~ ~ E~ J o J~ _ W T Z W \ in W w ~ °~ ~ U ~ O ~ WO ~ ~ ~ c~ = ~. rn v N ~. rn _ -_ Q Z ~ ~ ~ L ~ ~ ~t p W c 0 c~ ~ c0 ~ co = _ p W _ Q O ~ ~ ~ r ~ r- _ p Z ~n ~n ~n _ _ _ _ rn o ~ -'' _ _ - a~ ~ _ _ ° ~~ _ _ ~ ~ ~ z m ~zoa~ O ~ N ? N O ~ ~t . > r ~~ : ~7 O NE . U>~~~ d;~ r ++ g~,v_,Q~ YJp Od = = x = _ _ Y ~ ~ N Q ~ d ~ L N ~ C'3 w °- o a~ °' ~ ... ,mac ~ 3 ~ o ~ E ._ o a J ~ Q.. Rf N ~ J~ ~ ~> ~ >> (/1 I- E c0 ~ c~ N N ~ C3 ~ N (n p pn. ~ p ~ ~ m Q E a~ m ~'' ~J ~ m a~ t rn UN Q~ m m m ~ m W Q .~ oiS m °~ m N v D aif °~ to Q W Zp N~ ~ ~ O Y ~ 0 0~ d ~ 'C ~ N O O i 0 O~ O __ ~ -C .r ~~ J ~J J ~J QNm JJ QJ -7~t'J a 2 ~ ~ N ~, ~ N O N ~ `~° ~ ono ~ O OUN ~ ~ ~ ~ ~ N ~ ~ t~ p N N ~ 'O E ~ ' Ycs i a L ~ 3 ~ T ~ o . ~ ~ ~ ~~N ~ ~~ 3 ~~ ~ N . C U~ ~ O. U H O U~ J N Ln LL) ~, N ~ ~ U U co x ~ x N x s T In a a ~ Q~ ~ ~ i x '/T~~ mil/ 'T//~~ W ^` W N ~ O V .i ~ ~ U N C N N Y ~ ~~ N ~ 0 ~ ~ ~ ~ W>, ~ ~~O Y acts c~ ~a m o~ N °~ -~~ ~ rn Not v~ rn Q v, c~ ~ N ~ otS ..,, -p ~ _ ~ Q. _ ~ EN NoifCO ~J N ° ° N ~~ ~ r Q „p ~ ° E -~ v 1 cn m Ucn boa AGENDA RENAL CITY COIINCIL - REGIILAR MEETING June 1, 1994 7:00 P.M. RENAI CITY COIINCIL CHAMBERS A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDIILED PIIBLIC COIYII~SBNT (10 Minutes) 1. Paul Dale (Snug Harbor: City dock lease. 2. Charlie Pierce: Basin View Paving Project. 3. David Beckett: Acquisition of City Property for Habitat for Humanity. 4. Gua Rodes: Protocol for Public Comments at Council Meetings. C. PIIBLIC HEARINGS 1. Resolution No. 94-33 - Authorizing the execution of cooperative participation agreements among Alaska municipalities and school districts creating the Alaska Municipal League joint insurance arrangement. 2. Resolution No. 94-34 - Transferring $4,601 in the Airport Land System for purchase of a flail mower. 3. *1994 Ga=es of Chanae and Contests of-Skill Permit Application: Peninsula oilers Baseball Club, Inc. -1- D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of May 18, 1994. F. CORRESPONDENCE G. OLD BIIBINESB H. NEW HII8INE88 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinanoe No. 1596-94: Increasing estimated revenues and appropriations by $44,375 in a new capital project fund entitled "Airport Signage Project." 4. Approval: Change Order No. 1 - Thompson Park Water & Sewer Project. Foster Construction/$11,000. 5. Discussion: Crosswalk at Kenai Spur Highway and Tinker Lane. 6. Discussion: Bluff Erosion Control. 7. Approval: Consent to Assignment for Security Purposes - Lots 7 & 8, Block 1, F.B.O. Subdivision - Blue Mountain Ventures, Inc. to National Bank of Alaska. 8. Discussion: Dock lease. -2- I. ADMINISTRATION REPORTS 1. 2. 3. 4. 5. 6. 7. Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- 1za KENAI PENINSULA BOROUGH 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 _ BUSINESS (907) 262-4441 FAX (907) 262-1892 ~~~,~Z345s~89, ~~~ ~ ~~~ May 26, 1994 ~; JUN 1994 C'sty of Kenai .p `c~ Public Vt'orks DeDti y Philip Bryson, Chair ~g ~°~ Kenai Planning and Zoning ~,~.4~'~ 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611 Re: Proposed classification of four parcels of Borough land within the City of Kenai Dear Mr. Bryson: DON GILMAN MAYOR At the April 27, 1994 meeting of the City of Kenai Planning and Zoning Commission I had the opportunity to present the classification of four parcels of borough land described as: Lots 4A and SA, Block 1, Shelikof Subdivison Resubdivision of Lot 4-7, Plat No. KN76-08; Tax Parcel No.'s 045-120-17 & 045-120-18 NW1/4 SW1/4 SW1/4 NE1/4, Section 34, T6N, R11W, S.M., Alaska Tax Parcel No. 045-190-O1 Nl/2 NE1/4, SE1/4 NE1/4, N1/2 SW1/4 NE1/4 Section 33, T6N, R11W, S.M., Alaska Tax Parcel No. 045-010-10 At the May 9, 1994 KPB Planning Commission meeting it was decided to remove all four parcels from classification at this time. I will be attaching comments from this classification effort to each parcel for reference at some future date when the parcels are considered for classification again. Thank you for your participation in this classification effort. Sincerely, ~~ Roy E. Dudley Land Mangement Officer