Loading...
HomeMy WebLinkAbout1994-09-14 P&Z PacketCity of Kenai, Alaska 210 Fidalgo, Suite 200 PLANNING AND ZONING COMMISSION **AGENDA** September 14, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES August 24, 1994 4. PLANNING 5. PUBLIC HEARINGS a. Resolution PZ 94-45: Gloria Wik, 275 Juliussen 6. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS -~ 9. REPORTS a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED 11. INFORMATION ITEMS 1. Appeal Don M. Aase 2. Council Resolution No. 94-55 Regarding Chester Cone Property 3. Historic District Board Actions of September 6, 1994 4. Letter-State Recorder's Office Regarding Conformed Plat Copies 5. Memo-Bob Springer Verification of Tesoro/7-11 Property Lines 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT PLANNING AND ZONING COMMISSION **MINUTES** August 24, 1994 - 7:00 p.m. Chairman Kevin Walker 1. ROLL CALL Members present: Phil Bryson, Ron Goecke, Lori McComsey, Teresa Werner-Quade, Kevin Walker Members absent: Carl Glick (excused), (one vacant seat) Adhoc present: Councilman Hal Smalley Staff present: Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA RON GOECKE MOVED FOR APPROVAL OF THE AGENDA AND ASKED UNANIMOUS CONSENT. LORI MCCOMSEY SECONDED. PASSED BY UNANIMOUS CONSENT. ~ 3. APPROVAL OF MINUTES August 10, 1994 RON GOECKE MOVED FOR APPROVAL OF THE MINUTES AS PRESENTED AND ASKED UNANIMOUS CONSENT. LORI MCCOMSEY SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PLANNING a. Resolution PZ 94-43: Landscaping/Site Plan Review Tesoro - 7-11 -Kenai Spur Highway MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 94-43. TERESA WERNER-QUADE SECONDED. Jack La Shot noted that since this was a commercial development before a building permit can be issued it needed to come before P&Z. Planning and Zoning Commission August 24, 1994 Page 1 Kevin Walker asked for clarffication on the last sentence of the Engineer's comments included in the packet, because they were difficult to read. La Shot recommended approval upon verification that the existing structures are free of building or zoning code violations. According to the submitted asbuilt the store is very close to a property line. Since this is commercial property therefore no setbacks are required, but the Building Official needs to clarify that the building is not over property lines. Chairman Walker asked if there were persons in the audience who wished to address this item? Seeing and hearing none he brought it back to the Commission for discussion. Phil Bryson asked for the text from the Building Official's comments, since it was indecipherable. Loretta Harvey read them into the record, "A more complete set of plans and site plan was not available at this time, but will be sent to us ASAP. I do not see any building code violations with the proposed improvement. I also recommend approval." VOTE: Bryson Goecke Vacancy Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. B. Resolution PZ 94-44: Preliminary Plat Willow Professional Center -Part 2 MOTION: PHIL BRYSON MOVED FOR APPROVAL OF RESOLUTION PZ 94-44. RON GOECKE SECONDED. Chairman Walker asked for the City Engineer's comments and that the Building Official comments be read into the record. Planning and Zoning Commission August 24, 1994 Page 2 Jack La Shot reported that this was originally platted as a condominium commercial development. The new owners bought two of the units and chose to remodel the building to one unit which left a property line down the middle of the unit, thus creating a problem with the building code. Administration actually initiated this plat. Loretta Harvey read the Building Official's comments, "In order to comply with the current building code the property line between these two units should be eliminated. I recommend approval." Chairman Walker asked if there were persons present who wished to address the item. Seeing and hearing none he brought it back to the Commission. VOTE: Bryson Goecke Vacancy Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. 5. PUBLIC HEARINGS a. Resolution PZ 94-42: Conditional Use Permit 1127 1st Street - Mizera MOTION: RON GOECKE MOVED FOR APPROVAL OF RESOLUTION PZ 94-42 CONDITIONAL USE PERMIT AT 1127 FIRST STREET. PHIL BRYSON SECONDED. Chairman Walker requested staff comments. Jack La Shot reported that this CUP was similar to one issued previously for the same property, which was for auto repair and maintenance for a car rental agency. The new business is for steam cleaning. La Shot had no problem with the business, but felt the same concerns should be considered as the previous permit, which were that traffic to and from the business not go through the residential area. Also that a minimum of the activity goes on outside of the main building. Chairman Walker opened the meeting to public comment. Planning and Zoning Commission August 24, 1994 Page 3 PUBLIC HEARING Patsy Mizera, owner of the steam cleaning business, the only individuals that would be driving to the site are three employees. There is no walk-in business it's all by telephone. The employees will be instructed to drive via Wildwood Drive. So there should be no traffic down 1st street. Chairman Walker asked how many times a day the employees will be driving up and down that street on an average? Mizera answered about four or five times per day. Chairman Walker asked if there would be off-street parking? Mizera said yes, it would be in the driveway. Ron Goecke recalled that when the previous conditional use was issued there was a question if there was a grease trap, which would drain into the city sewer. La Shot said he thought the Building Official looked at this for the previous permit and he would check on this. Chairman Walker asked if the business was on City water and sewer? Gene Holley responded yes. Chairman Walker said that this business may need to be charged for commercial water and sewer. Mizera said that the only water that would be used would be for washing the vans. The vans travel to other sites and hook into those water system to clean the carpets. Gene Holley stated that all the work is done off premises. It's basically a place to store the cars and equipment. The garage has four bays where the cars will be stored out of site from surrounding neighbors. Phil Bryson had expressed concern at the time of the last action about phasing out businesses in this area, but this business appeared to have a minimum impact on the neighborhood. Chairman Walker asked for further testimony. Seeing and hearing none he closed the public hearing portion. Walker shared concerns about traffic impact, but felt that the impact will be minimal so he would support the permit. Walker called for the question. Planning and Zoning Commission August 24, 1994 Page 4 VOTE: Bryson Goecke Vacancy Werner-Quade McComsey Glick Walker YES YES YES YES ABSENT YES MOTION PASSED UNANIMOUSLY. b. Resolution PZ 94-35: Variance -Marion Nelson 116 Wooded Glen Court (postponed until 9/14/94) Chairman Walker reported that the applicant has been contacted by staff whether to proceed with this item. Ms. Nelson had not responded as of the packet deadline. 6. NEW BUSINESS 7. OLD BUSINESS 8. CODE ENFORCEMENT ITEMS 9. REPORTS ~ a. City Council Councilman Smalley reported that the Council is seeking a cost estimate for paving certain streets in Basin View S/D. The Council would be holding off on appointing a new P&Z Commissioner until. a work session can be held to review commission, committees, etc. Smalley invited Chairman Walker and the rest of the Commissioners to attend that meeting and give input. b. Borough Planning Phil Bryson reported that Angler's Acres has requested a time extension. Bryson asked staff if they had received a notification on this request. La Shot said he had and that he felt no additional action was required by the city. The Commission is considering a proposed change to the classification if Borough land. The minor change would allow the disposal of small parcels which are attached to large unclassified parcels. Currently the Borough cannot sell land which is not classified. Planning and Zoning Commission August 24, 1994 Page 5 c. Administration La Shot reported that the Historic District Board would be meeting on September 6th. The Board needs to identify professionals as called for in the Certified Locat Government Program, and also to give guidance on a grant application that the City Manager has asked the city to apply for. The car crusher is on the Peninsula and quite a few cars have been moved from the Quandt property. Councilman Smalley asked La Shot the status of the trees which were removed from the KPB Transfer site off Redoubt. La Shot said that the buffer which was shown on the plans was left in place and there is an additional 16 trees which will be transplanted to add to the buffer. 10. PERSONS PRESENT NOT SCHEDULED Gus Rodes, 207 Birch Street, said a decision had been handed down on his non- operating car case. The judge defined extensive repair on automobiles as changing the oil, checking the fuel level, charging a battery, and pumping the tires up. Rodes did not feel the ordinance was intended to prevent citizens from maintaining their vehicles on their own property. The sentence will not be handed down until September. 11. INFORMATION ITEMS a. Council Decision on Nelson Appeal b. Public Notice -Tesoro Hazardous Waste Post-Closure Permit c. Soldotna Ordinance 602 -Regarding Home Occupations 12. COMMISSION COMMENTS & QUESTIONS Teresa Werner-Quade -Reminded the Commission it may be time to review the Comprehensive Plan. Ron Goecke -None. Phil Bryson -None. Lori McComsey -None. Planning and Zoning Commission August 24, 1994 Page 6 13. ADJOURNMENT There being no further business Ron Goecke moved to adjourn. The meeting was adjourned at approximately 7:50 p.m. Respectfully submitted, Loretta E. Harvey, Administrative Asst. Planning Department Planning and Zoning Commission August 24, 1994 Page 7 MEETING PLANNER/AGENDA I'arpose: /~ Date: ~~~ ~ j9 Time. ~~, ~, ter„ To: ~7 ,~Z~ ~.n Plaee: ~~ C~'GyLts l ~ Cf~cZ.Tyr~'L.1~ Participants: '~ ~ G~ ~ ~ ~,, ., ~ -, ~ f ~ ~ ' I.. Resoiution # Pass Faii Disenssion: Q _ ~ /~/j ~ /-- ~ ~ ~ /u-GGs" /Z• _!,LIG c yN.r~~1~ca:t Gc'Q _ trCt .. L [„~Gf..ICI . c, ~ ~/JE~i ~j.'L / i AIL/~TG ?G, r[. ~i ~nf LPL U•~~~~ //kc C G ~s ~ C~TI J / • L~/ ~G /7G {~~`'LIl cZG'I/r~J~t /• ~~_ y~ To Do List: Assigned to: ` ~,~ c %l~.,; i`~?t ~~~ lit ~/ ~ ' -„ ,~ w~c.~ ~ S ~,. J c ~.:.rt / ~'`~%' '-, i L J / ~ L ~, , ., 1~ ~ _ ~ v ,, •r~-5~~~,~ ek ~z-„~~~. ~.~ /acid '' ~" Comments: ~0., STAFF REPORT To: Planning & Zoning Commission Date: September 9, 1994 Prepared by: JL/RS/LH Resolution PZ: 94-45 Applicant: Gloria Wik 275 Juliussen Kenai, AK 99611 Requested Action: Conditional Use Permit/Bed & Breakfast Legal Description: Lot 2, Block 1, Gabriel Juliussen Tracts Existing Zoning: Rural Residential (RR) Current Land Use: Low Density Staff Action: Sent 12 public hearing notices. 9 returned as of packet deadline. No comments received. ANALYSIS: ~ The application appears to meet the requirements of a Bed & Breakfast. Smoke detectors will be required in bedrooms. RECOMMENDATIONS: Recommend approval provided neighbors are in reasonable agreement and smoke detectors are installed in bedrooms. ATTACHMENTS: 1. Resolution PZ94-45 2. Application 3. Site Plan CITY OF.KENAI PLANNING AND ZONING COMMISSION '' ``RESOLUTION NO. PZ'94- 45> CONDITIONAL 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 Gloria J. Wik USE Bed & Breakfast LOCATED 275 Juliussen Street, Lot 2, Add 1, Gabriel Juliussen Tr. WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: 8 / 2 4 / 9 4 2) This request is on land zoned Rural Residential (RR) 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specifiic 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: September 14, 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 Bed & Breakfast 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, Sr~ntc~mhPr ~ a , 1994. CHAIRPERSON ATTEST: Planning Secretary CONDITIONAL USE BED AND BREAKFAST 1 i ~ ~~ ~ - ~ ~~ ~ '"' i ~ ~..~ . ~_. -_ __ _ ~ _~__ j ~ t ... ~ I01k~ 2 ~. ~~„ i~ w PLt~yi~G Dr:PT. 'NAME J ~ 1.-~ Y I A -J - L~~' ~ ~ PHONE ~ ~3~ ~ ~ 7Jr ,~ ~ .c, ADDRESS ~ . ~ . c Z ` ~ r - ZONING< DISTRLCT =' C CC CG O RR-1 RS RS-1 RS-2 RU IL IH R Section 14.20.321 of the Kenai Municipal Code outlines regulations which allow Bed & Breakfast by conditional use when it is compatible with other permitted uses, with the residential character of a neighborhood, and which is clearly secondary and incidental to the residential use of the main building. 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 a Bed & Breakfast. Provide a dimensional plan layout of your home and indicate the bedrooms which will be utilized for the F3&B. As a clearly secondary or incidental use to the residential use of the main building not more than thirty percent (30~) of the total floor area may be used. Total area of home? ; ~ ~, ~ SF Area in B&B use? ~ - ~{ SF i ~~ Tiie B&B must be operated by the owner of the dwelling ;; which must be their principal place of residence. ~ ~. ~ ~ 1.1 ~ri.~ rw M` r...~r.• t r~.i L,•• V11RI~ `.1 'f v 7 CA .~~.. «..... ~•.•.~ Z 7 -..~. . _~...~.. J ....,Y.»_.. ...,.. ...I w..w ... ,_ o .,. . ~.. .. , .,.. r...~ .. a..~.~~...~ ~ unit and one pe:: three r~ue~ c room ~ ~~ __ Fs Pvbli~; No~`ifiEution and Heating is required before the issuance of. this permit. A $10.00 non-refundable deposit/advertising fee is required to cover these notification costs. (See attached Procedure Sheet) The B&B establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table. ~_~ Applicant Signature:--' 1 '~ t Date: KENAI MUNICIPAL CODE 14.20.321 Bed and Breakfast Establishments: (a) Intent: It is the intent of this chapter to permit bed & breakfast establishments by conditional use which is compatible with other permitted uses, with the residential character of a neighborhood. and which is clearly secondary or incidental to the residential use of the main building. (b) Provided that these establishments shall be owner- operated, not more than one person outside the family shall be employed in the bed & breakfast; rent out not more than thirty percent (30~) of the total floor area' have adequate off-street parking fir c:;-ner end all c~,:ests; ara shall meet all other .. requirements as set forth by the Planning & Zoning Commission at the time of public hearing. (c) The bed & breakfast establishment must meet all area, height, and setback requirements of the zones in which they are allowed according to the Land Use Table. (Ord. 1305-89) 14-65 (City of Kenai Supp #50 - 3/1OJ89) .;.;i T--- - --- - -~ ,.;.. ,.. ;.1;.i ., i--- - --- - - :,; ~ I . ', I 4c NC L. ~~~2GN I ~ DR ~~T L. ~~ N1~2~I y~~g~, ~\\ H 1 ~ (- L.~~ tL y i~ g ~~ ~~ 7 7 J J J 7 7 7 L O' ~ -- ~,,,~ N ~ ~ O 3 ~ ~ ~ ~ z , Q o 0 0 ~ ~ ~. oo . ~ z o h 4 M ~S 0 ~ ~ i. y~ .. i f~ ^ ~~ ,I w w ~ ~~~ ~ ~ n~ ~~ a L ~ ~ ~~ ~~ M ~ SF' . .S8-~.~ ~~s .~JrP,S ~31.~ ~o~r ~• ~ ~~~~ r -~. :, 00 eo ~~ s c c `~ ~ -.. J '- tea' -y,®ri t v ~~P~^~ ~`, N M o'i yob ~~ x ~1~~; ~ ~ ~ 00 ~ o ~~,J ... ~o- Ir~r I ~f~r ~ ~J lV1 `~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~reNOcxr 'IIII~ 1992 PUBLIC HEARING NOTICE A public hearing on a Conditional Use Permit for a Bed & Breakfast under KMC 14.20.321 has been scheduled by the Kenai Planning and Zoning Commission for Wednesday, September 14, 1994, commencing at 7:00 p.m. in the City Hall Council Chambers, 210 Fidalgo, Suite 200, Kenai, Alaska. The application was submitted by Gloria Wik and is for property described as Lot 2, Addition 1 Gabriel Juliussen Tracts, (275 Juliussen Street). 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 9961 1-7794, prior to September 14th. 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 ~- N ~ G ~ C ~ E N ~ O E O > O 01 ~+ c vs ~ . = ~ ~ cai "' _ c ° '~ ~ _ ~ a~i y~ N C N C N C ~~ N C N •~ ~ ~ N ~ O N C O N C O ~ (/~ V N C ~ d ~ ~ N C 7 ~ ~ N r.+ N C ~ ~ N~~ L. `' ~~ C1 ~ ~ ~ ~ d ~ ~ U 3 W ~ Q. 3 £ c >. a~ ~ c ~. ~ c >. ~ ~ ~ ~ ~ 3 ~ c ~+ ~ a ~ ~r a~ c Q 3 O a~ e~ a~ ea ~ ° ~ rn > . U L.L C ~MC_O ~MC~O >M~ LOL~~ ~~O~O ~ U ~ ° O~ C d Z LL v~ Z W W W ~ U - _ _ rn rn Q Z T N N T N ~t c+~ ~ W ap ap p W - _ _ ~~~/~~ ~1/ _ ~~~y/~~ yV~ W W ~ O) _ _ = V M ~ M QO T N N T N M OZ ti - _ _ _ _ ~ i• ° J L L 'p j w = = ~ o ~ J ~ ~ ~ c~ o ~ f- o O a ~ ~ ; ~ U U ~ W VJ T U U ~ •C > ~a c~M cOM mlO ~ O tN U O c~~n J ~ ~m Q ~ ~ m Cn ~ m ~ m p N V ~ ~ o2f ~ d m ~ •~ ~ ~ U ~(n NN CMT N~ _ _ gym,- ~Mt ~ ~M N _ ~ ~= J pm~ QW ~... J ~....~ ° J C.... JJ LaO+. _.«..•~ ~ O ~ ~ ~' ~ ACA Z~ Y j - ~ ~~tJ aJ2 -J I~F C~JQ(n QJQ AGENDA RENAI CITY COIINCIL - REGIILAR MEETING AIIGIIST 17, 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 COMMENT (10 Minutes) None. C. PIIBLIC HEARINGS D~~~ ~. 1. Ordinance No. 1602-94 - Increasing Estimated Revenues and Appropriations by $3,636 in the General Fund for Additional State Revenue Sharing. /~Q~~~~ ~• 2. Resolution No. 94-53 - Transferring $6,465 in the General and Airport Funds for an Environmental Site Assessment of the City's Maintenance Shop Area. J~ ~• 3. Resolution No. 94-54 -Transferring $2,780 in the General Fund for a Cost Estimate for Paving Certain Roads in Basin View Subdivision. 4. *1994 LIQIIOR LICENSE RENEWAL - WITHDRAWAL OF PROTEST Mr. D's - Beverage Dispensary/Hotel/Motel - One Year D. COMMISSION/COMMITTEE .REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission -1- 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITES 1. *Regular Meeting of August 3, 1994. 2. *Board of Adjustment Hearing of August 3, 1994. 3. *Video Production Committee Meeting of July 26, 1994. F. CORRESPONDENCE None. G. OLD BIISINESS None. H. NEW HIISINE88 /~proY~ 1. Bills to be Paid, Bills to be Ratified ~C~,~~ye~ 2 . Purchase Orders Exceeding $1, 000 3. *Ordinance no. 1603-94 - Decreasing Estimated Revenues. and Appropriations by a Net Amount of $3,738 in Three Senior Citizen Funds. ~j~7/~ 4. Approval - Assignment of Lease/Lot 4A, Block 3, Gusty d Subdivision #5 - From Michael & Joyce Treat to Jim Doyle. ~~ ~~ 5. Discussion - Call for Comments/Proposed Oil and gas ~~' ii~.~~9~. Lease Sale 85A, Cook Inlet Exempt. ~~,~ 6. Discussion - Formation of an Alaska-Sakhalin Chamber of ~~~j~y Commerce/Possible City of Kenai Participation. J 7. Discussion - Leif Hansen Memorial Park Water Fountain. c~. Executive Session - Litigation. ~~ _ G2=r~~i~~ ~ ~ ~'~ I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager -2- 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISBION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- C._~ ~~, AGENDA RENAI CITY COIINCIL - REGIILAR MEETING SEPTEMBER 7, 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 *Al1 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. 3CHEDIILED PIIBLZC COMMENT (10 Minutes) 1. Amy Eriksson - Vantage Point Productions/City of Kenai Video. ~ 2. Lee Steraer - Kenai Transfer SiteJRedoubt Avenue C. PQBLIC HEARINGS 1. ~~ Ordinance No. 1603-94 - Decreasing Estimated Revenues ~~~/-e~ and Appropriations by a Net Amount of $3 , 738 in Three Senior Citizen Funds. 2. Resolution No. 94-55 - Supporting the Acquisition of Approximately 100 Acres of Chester Cone River Property ~ ~~%z~ by the Exxon Valdez Trustee Council (EVTC) Through the l1. EVTC Small Parcel Acquisition Program to be Conveyed to the City of Kenai for Development of a Park Through Alaska State Parks and Authorizing Administration to Apply for Up to $500,000 in Funding From the Alaska State Parks Marine Recreation Program to Construct a Park on the Property. 3. *1995 Games of Chance and Contests of skill Permit Application - Kenai Peninsula Central Labor Council. ~ -1- D. COMMISSION/CO2~iITTEE 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 August 17, 1994. F. CORRESPONDENCE G. OLD BII8INE88 ~~~'Tit~r~-' 1. Discussion - Kenai River Viewing Area Park (brought forward by direction of 3/2/94 Council Meeting). G~ H: NEW BIISINESB r~Y~' 1. Bills to be Paid, Bills to be Ratified ~~ ~~~~~2. , / 2 . Purchase Orders Exceeding $1, 000 ~i 3. *Ordinance No. 1604-94 - Increasing Estimated Revenues and Appropriations by 51,560 in the General Fund to Purchase Tao Computer Monitors in the Communications Department. 4. *Ordinance No. 1605-94 - Increasing Estimated Revenues and Appropriations by $13,862 in the General Fund as a Result of Receiving Two State Library Grants. ~~~~% 5. ~1~-D~~"CdC- 6 ~. ~~t~ s . ~~,~~li ~ JY ~ ~~• f~ Discussion - Fraternal Order of Alaska State Troopers Youth Procram Advertisement/Request f or Purchase. Discussion - Ambulance Billing. Dis ussioa - Con regate Housi g Addition. Approval - Change order No. 2/Thompson Park Sewer Interceptor ProjectJZubeck, Inc. - $2,897.44. Approval - Change Order No. 4JThompson Park Water & Sewer/Foster Construction - $5,155.00. -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. DIBCIISBION 1. Citizens (five minutes) 2. Council R. -3- RENAI CITY COIINCIL MEETING SEPTEMBER 7, 1994 "TO DO" LIST ~ CLF - When completed, send Kenai video to Italian teachers. Do letter to Borough regarding transfer site -- supporting their redesign and request additional cleaning of the site during long weekends. Forward a copy of Resolution No. 94-55 to P&Z for review and information. Discussion item for 9/21/94 meeting -- Development of Assistant Living Complex. Arrange for $200 donation for Healthy Communities presenter -- for defraying hotel costs while staying in Kenai. Send letter supporting oil sale to Tesoro. Send letter nominating Fred Braun, Dick Hultberg and Jeff Jefferson to Citizen Committee for the Marine Recreational Project for the Cook Inlet Area. RR - Check whether there is asbestos or other contaminants in/around the small green building at Memorial Park. Notify McGillivray of findings. I Get cost estimate for placing decorative lighting along Mission Street to Orthodox Church (see if those costs could be paid for by ISTEA funding) and from the Church to the Visitors Center (to be paid for from general fund monies). RR/JL/ RC - Apply for grant for upgrade of Cunningham Park. Identify immediately if acquisition of the additional property (lots noted on your map) is possible. RO - After receipt of findings as to asbestos or other contaminants in/around green building at Memorial Park, notify Lance Necessary of findings. CODNCIL ON AGING - Hold special meeting for presentation by Mr. Grasso regarding development of an Assisted Living Complex in Kenai. Forward recommendation to Kenai City Council in regard to property use preference (Daubenspeck property or property in front of congregate housing project). Page 1 of 2 TM - Report back to Council (in next few months) what monies remain from congregate housing funding. Send letter to EDD to encourage them to get a multiple year contract for their office space in Kenai. Discuss with EDD the possibility of applying for certification as a regional planning group in order to make recommendations/receive ISTEA funding for the area. RFD - Send out a press release when ISO report is received if rating is lowered. DM - Check on State using KVCC parking lot for inspecting trucks. Forward quarterly reports of KPD activities to Council. LH/JL - Forward a copy of zoning violation lists for Council packets for their review. ADMIN - Return $88,000 grant funding for Kenai River Viewing Area. Page 2 of 2 John Hammehnan Chairn>en Areawide Tenn Expires 1996 Philip Bryson Vice Chairman Keosi City Term Expires 1995 Ann Whitmore-Painter Parliamentarian Moose Pass Area Tenn Expires 1997 Wayne Carprnter PC Member Seward city Terns Expires 1996 Robert Clutts PC Member Anchor Point Tenn Expires 1995 Wes Coleman PC Member Soldotna city Tenn Expires 1996 Leroy Gannaway PC Member Homer City Term Expires 1995 Ellis Hensley, Jr. PC Member Nikiski Term Expves 1996 Debra Home PC Member Kasilof Area Term Expires 1997 Tom Knock PC Member Cooper Landing Tenn Expires 1995 seat vacant PC Member Seldovia City Term Expires 1997 A. B C. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUII.DING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA SEPTEMBER 12, 1994 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL _ _ _ ~b, °=t~ i T.. _ ~ ti :~~ ~,~_ APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Coastal Zone Management Consistency Reviews 4. Informational Items a. Conclusive Consistency Determinations b. Kenai River; Floating Dock; Senn; AK 9408-04AA c. Homer; Kachemak Bay 160/2-940235/Louie's Lagoon; City of Homer; AK9407-09AA d. Kachemak Bay; Public Floating Dock; Kachemak Bay 52/N-730041; DNR/Division of Parks and Outdoor Recreation e. Port Graham; Multi-Purpose Dock Facility; Port Graham Village Council; AK9406-24AA f. Kachemak Bay; Halibut Cove 21 1-940435; AFT Deck and Floating Dock; Miller; AK 9406-03AA g. Seward; Mariculture; Dreamer Fishing; Astor; AK 9405-19AA 1 Don GiUnan, Mayor Richard Troeger Plaaoing Dirator Maria Sweppy Administrative asst. h. Seward; Mariculture; Humpy Cove; Hatch; AK9405- 18AA i. Homer Advisory Planning Commission August 17, 1994 Minutes 5. Commissioner Excused Absences 6. Minutes a. August 22, 1994 D. PUBLIC HEARINGS 1. Petition to vacate portion of Cheryl Lane public right-of--way, associated utility easements, and section line easements within Kimbrel Subdivision and Hobart Subdivisions; Sections 22 and 23, Township 4 North, Range 11 West, Seward Meridian, Alaska E. VACATIONS NOT REQUIRING A PUBLIC HEARING -None F. SPECIAL CONSIDERATIONS 1. P/W Jones, Donald R. KPBPC Resolution 94-21: Granting a Platting waiver for certain lands within Section 2, Township 2 North, Range 12 West, Seward Meridian, Alaska KPB File 94-126 2. P/W Ameri-can Construction, Ltd. KPBPC Resolution 94-22: Granting a platting waiver for certain lands within Sections 13 and 14, Township 1 North, Range 1 West, Seward Meridian, Alaska KPB F ile 94-122 3. P/W Hermansen, Martin Estate KPBPC Resolution 94-23: Granting a platting waiver for certain lands within Section 23, Township 3 North, Range 12 West, Seward Meridian, Alaska KPB File 94-124 2 4. P/W Pitzman, Marsh KPBPC Resolution 94-24: Granting a platting waiver for certain lands within Section 11, Township 6 South, Range 14 West, Seward Meridian, Alaska KPB File 94-128 5. Reconsideration of Deleting Subsection 17.10.130 (D) of the Borough Code of Ordinances 6. Ordinance Authorizing the Sale of Tract 1-A2 of New Homer High School No. 3 Subdivision Containing 0.476 Acres to the Homer United Methodist Church 7. Ordinance Authorizing the Conveyance of 1,295.57 Square Feet of the Hope Library Site to the Adjacent Owner to Resolve an Encroachment 8. Resolution to Reclassify Borough Lands from Resource Extraction to Resource Management for Timber Harvest Pursuant to KPB 17.10.170 G. CONSIDERATION OF PLATS 1. Pope Subdivision; north of Tote Road; Preliminary; Integrity Surveys; KPB File 94-123 2. Sec. Line Esmt. & Cheryl Lane Vac. Plat; north of Tote Road; Preliminary; KPB File 94-119 3. Jack Foster S/D Carey Addn.; Forest Lane; Preliminary; Whitford Surveying; KPB File 94-125 4. Witman Estates Phase 2; east of Gas Well Road; Preliminary; Spangler Surveying; KPB File 94-127 H. COASTAL ZONE MANAGEMENT -None I. OTHER/NEW BUSINESS J. ASSEMBLY COMMENTS K. DIRECTOR'S COMMENTS 3 L. COMMISSIONER COMMENTS M. ADJOURNMENT The next regularly scheduled Planning Commission meeting is September 26, 1994 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. r BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTF1t OF THE APPEAL OF ) THE GP;ANTING OF AN ENCROACHIVIENT ) PEItNIIT TO TOM ArYD PAM COCHRAN. ) Case No. BA-94-1 DECISION The Marion Nelson appeal is granted. BACKGROUND On March 18, 1993, Johnny Jackson applied for an encroachment permit under KMC 14.20.185 for 116 Wooden Glen Ct., Kenai, Alaska (the "property"). That property is located in a Suburban Residential (RS) Zone. The side yard setback for the RS zone is 15 feet. That setback requirement was in effect at the time the house was built. Because the house was built within 2.4 feet of the adjoining lot line, the application requested an encroachment permit of 12.6 feet in the setback. At the Planning and Zoning Commission hearing on the permit application, an adjoining property owner, :vlarion Nelson, objected to the issuance of the permit. Ms. Nelson owns two lots adjoining the side yard setback portion of the lot at issue. She objected on the basis that issuance of the setback would adversely affect the value of her two adjoining lots. Ms. Nelson was the only person to testify at the public hearing. The Planning and Zoning Commission voted three to three on the issuance of the permit. Because the Kenai Municipal Code requires four votes for passage of a motion, the application was denied. See KMC 1.90.050(c) and 1.15.060(e). Mr. Jackson appealed the denial under KMC 14.20.290 to the Board of Adjustment. / CITT OF KENAI BOARD OF ADJUSTMENT DECISION Page 1 of 7 A hearing was held on that appeal on May 19, 1993. During the hearing, Marion Nelson and Ron Johnson (a representative of Johnny Jackson) testified. On June 16, 1993 the Board of Adjustment issued a unanimous decision denying the appeal. ITMO Appeal of Johnny Jackson Encroachment Permit Denial, Case No. BA-93-1 (June 16, 1993). On May 25, 1994, Tom and Pam Cochran applied for an encroachment permit for the property at 118 Wooded Glen Court. A public hearing on the application was held on June 8, 1994 before the Planning and Zoning Commission. Tom Cochran testified that he was purchasing the property from "Fannie Mae. "1 "Fannie Mae" was financing the property at a reduced price because of the encroachment problem. He indicated that financing was not contingent upon issuance of the permit. Tom Cochran indicated he knew about the encroachment prior to his agreement to purchase the property. He stated he was unable to work out an agreement with the neighboring land owner (Marion Nelson) regarding the setback issue. Cochran also stated that an encroachment permit was issued for a nearby property at 111 Woodland Court.2 When asked by a commissioner, he could not affirmatively indicate any changed circumstance from the previous application of Johnny Jackson. Richard Muellar testified next. He stated he felt the setback should be five feet rather Than fifteen feet because the end of the structure near the Nelson property is only one story. Muellar indicated that granting the encroachment would enhance the value of property in the neighborhood by preventing the property from falling into disrepair due to vacancy. He 1 "Fannie Mae" is an abbreviation for the Federal National Mortgage Association. 2 City records do not indicate such a permit was granted. CITY OF KENAi BOARD OF ADJUSTMENT DECISION -Page 2 of 7 indicated the previous owner, Johnny Jackson, had the property foreclosed because he could not sell it. He also stated the property is $26,000 below the asking price from last year due to the encroachment and he felt issuance of the permit would not harm the value of Ms. Nelson's property. Marion Nelson then testified. She stated she was the owner of the two lots adjoining the encroachment. She stated nothing has changed since the hearing last year. She indicated, upon being questioned by a commissioner, that the original owner of the property, Dave Brown, had indicated to her that a corner of the house might be over the setback line. According to Marion Nelson, Dave Brown indicated to her he would wait to see if the city building inspector caught it. She also stated she is more sensitive to setback issues now than she was at the time. The Planning and Zoning Commission then voted three to three on an amended motion to grant the encroachment permit.3 The motion failed due to lack of four affirmative votes.4 At the Planning and Zoning Commission meeting on June 22, 1994, a motion to reconsider the permit application was made. The Commission voted to reconsider the permit request. A representative of the Cochrans (Kathleen Foster) was present at the hearing. Ms. ivelson was not present. She was apparently unaware the issue •,vould reappear. The issue 3 The motion was amended to include a provision for addition of an one-hour fire wall on the encroachment side of the existing structure. 4 KMC 1.90.050(c) and 1.15.060(e) require four affirmative votes for passage of a motion. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 7 of the reconsideration was not on the meeting's agendas Kathleen Foster testified that the Cochrans stood to lose their $10,000 non-refundable earnest money payment if they backed out of purchasing the property from "Fannie Mae. " She indicated the Cochrans did know about the encroachment problem prior to coming to terms with the earnest money agreement. She then indicated the Cochrans had not been able to agree with Marion Nelson on purchasing property from the adjoining lots to correct the problem. The Commission then approved by a five to one vote a motion to approve the permit with the conditions that the Cochrans become the registered owners of the property and that a one-hour fire wall be constructed on the existing structure on the property. On June 29, 1994, Marion Nelson appealed the decision of the Commission to the Board of Adjustment pursuant to KMC 14.20.290. The Board of Adjustment held a hearing on July 20, 1994. Dale Dolifka, an attorney, spoke on behalf of Marion Nelson. Marion Nelson later spoke on her own behalf.6 Ron Johnson also spoke at the hearing in opposition to granting the permit. DISCUSSION AND FINDINGS The issue of granting an encroachment permit for this property has been before this s The Board is concerned that the Cochrans' representative knew the issue would come up while Marion Nelson was not informed. We feel Marion Nelson should have been informed prior to any such action by the Commission. Because of our decision regarding administrative res 'ud~ icata, we do not take this issue up more fully as a basis for overturning the Commission's decision. 6 Dolifka and Nelson both indicated their primary request for the Commission was to use its authority under KMC 14.20.290(b)(2) to grant Nelson a development variance similar to the encroachment permit requested by the Cochrans. Because of the requirements of KMC 14.20.180 governing variance permits, we do not feel it would be appropriate to do so. CITY OF KENA1 BOARD OF ADJUSTMENT DECISION -Page 4 of 7 Board before. As noted above, this Board denied an appeal for the same encroachment ~ permit in Case No. BA-93-1. That decision was not appealed. Under KMC 14.20.300 and AS 22.10.020(d), an appeal to Superior Court of an administrative decision must be filed within thirty (30) days of the adverse decision. See also Appellate Rule 602. The decision in Case No. BA-93-1 was issued by this Board on June 16, 1993, over one year ago. The legal doctrine of administrative rg~ 'udi controls cases such as this. That doctrine, simply stated, is that an issue decided by a quasi judicial body such as this Board will not be revisited unless "the conditions or circumstances which led to the denial of the initial application are substantially changed." Peterson v. Citv Council for City of lake O we , 574 P.2d 326, 331 (Or. App. 1978); Spencer v. Board of Zoning A,p 1 , 104 A.2d 373 (1954); Administrative Law Treatise, ~ 18.03. The burden of proof is upon the applicant to show the change in conditions or circumstances. ID In this case the Commission did not make any findings setting forth the changed circumstances allowing the earlier decision to be revisited. In its decision the Commission required the installation of a one-hour fire wall in the existing structure on the property. However, since that issue was covered during the original April 28, 1993 Commission hearing on the Johnny Jackson application, the fire wall cannot be categorized as a changed condition or circumstance from the original determination. (See minutes of the Planning and Zoning Commission meeting of April 28, 1993, Page 4). Moreover, we do not view the earnest money agreement with "Fannie Mae" as a changed circumstance or condition since that issue was, in essence, created by the Cochrans by entering into the agreement. That is especially true in this instance where the Cochrans CITT OF KENAI BOARD OF ADJUSTMENT DECISION -Page 5 of 7 knew of the encroachment problem prior to entering into the earnest money agreement. An applicant may not create a changed circumstance by entering into such a restrictive purchase agreement. We also note that the purchase price of the property was reduced by the seller in recognition of the risk involved to the buyer. While we regret any loss of the Cochrans' earnest money, they entered into an arm's length business transaction with the seller with knowledge of the encroachment problem. Because we do not find changed conditions or circumstances from the previous application, we grant the appeal of Marion Nelson and reverse the decision of the Commission to issue an encroachment permit for the property. For the reasons stated above, the appeal of Marion Nelson is granted. DATED this 1 ~_ day of August, 1994. • J Williams, Mayor C. Bookey, III, Council V Ray nd Measles, Vice-Mayor /~ . Christine Monfor, Council ember (not participatin€.) Linda Swarner, Council Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 6 of 7 DISSENTING OPINION Although we understand the majority's reasoning for application of the doctrine of administrative res 'udl iota to this appeal, we must dissent from the Board's decision. In our opinion the encroachment meets the criteria for the issuance of such permits contained in KMC 14.20.185(d). Moreover, we are also concerned that denial of the permit will cause the property to remain unoccupied. The resulting variance would cause the deterioration of the house on the property. Such deterioration could detrimentally impact nearby houses causing a decrease in their value. We feel any negative impact the issuance of such a permit would have on Marion Nelson's property is outweighed by the potential harmful impact (declining property values) denial of the permit would have on the nearby property. ~ For the above reasons we would deny the appeal and uphold the Commission's decision to grant the encroachment permit. Accordingly, we respectfully dissent from the majority's decision. Duane Bannock, Council Member al malley, Council Ni, I~ er ~ Council Member Bannock does not feel the issuance of such an encroachment permit would negatively impact the value of her property. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 7 of 7 1~~~~Ci n~ . MEMORANDIIM DATE: MAY 5, 1993 TO MAYOR JOHN WILLIAMS RENAI CITY COIINfC'I' L/ FROM: LORETTA HARVEY N del' RE: APPEAL OF ENCROACHMENT PERMIT - JOHNNY JACKSON At their meeting of April 28, the Planning and Zoning Commission denied the above referenced permit. The property is located at 116 Wooded Glen Court. A letter was sent to Mr. Jackson on April 29, explaining the appeal process. Mr. Jackson is out of State, and a sale is pending on the property. The Real Estate Agent will be handling the appeal until Jackson returns. COULD COUNCIL SET THE BOARD OF ADJUSTMENT HEARING FOR THE ENCROACHMENT PERMIT WHICH WAS DENIED BY PLANNING AND ZONING AND APPEALED BY THE APPLICANT? 1791-1991 CITY OF KENAI ~ „ail G'~~~,1 ~ ~4~~~„ __ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283-7535 FAX 907.283-3014 STAFF REPORT TO: F & Z'_Commission PREPARED BY: La Shot/Harvey.: DATE,c April 16', 1993 RESOLUTION'NO. PZ''93-16" APPLICANT: Johnny Jackson PO Bob 527 116 Wooded ..Glen Court Renai, Alaska 99611 Requested Aeton Relaxation of minimum side yard setbacks Legal Description- Lot 9, Block 2, Deepwood S/D Present Zoning Suburban Residential (RS) Current Land,Use Medium Density Residential ANALYSIS: The Development Requirement Table lists the minimum side yard setback requirement for the RS zone as 15 ft for structures two or more full stories in height. This house is constructed 2.4 feet on the right side of the house (facing from the street). This puts this encroachment at 12.6 Ft. below minimum setback requirements. RECOMMENDATIONS: Application appears to meet the criteria of KMC 14.20.185 (d). ATTACHMENTS: 1. 2. 3. 4. 5. 6. Resolution PZ 93-16 Encroachment Permit Application Site Location Staff Report Asbuilt KMC 14.20.185 CITY OF KENAI BICENTENNIAL 1/t~a9e wr~a~ tC~y-m~a ~u.~e! 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 DATE: 3/18/93 APPLICATION FOR ENCROACHMENT PERMIT NAME: _ .TnHNNV .TAC`KSC1N PHONE: MAILING ADDRESS: Pn Rnx ~i77~ Kangi ~ A$ aa~11 (116 w~~~aed Glen Ct) LEGAL (Description of property involved ) _7.nt A R1 7 ~e,pnS~nnr~ Parr ;dd. _~ ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS- RS-2 RU CC CG IL IH R 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 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. A $100.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) ADDITIONAL COMMENTS: Signature of Applicant: ~ ~~~ ~~ I ~ ~ov~'r ~,or f~~ sic. ~ r~~v' ill ~r sue. ~~ 3J 3 ~-si~9~ ~ two f e~~ Z ~ 3 ~ ~ X .s, 5 :,• ~~ ~ ~ 0 ®a 8 ~ ~ ? a ~ o ® " O ~ ® ~ h OQ h~!~ S f,E ~ ET,4I I,. ici ~ . ~, ~ -Z . 2 ~' av ety o' isS $ 3 30 - e.ww. u~e.~wr Ica s• 7 to 8 1 ~ ,~',®-~~ 3+ : ~3R.Aa' .7 ,~. ~ ,. 9iEEP 4!000 O peevwono PAtr sne lar n.1- oe !K- 80- nS) ~~ i ~z I~ _.,. Assessor iY 'r~ O Kenai F NOTE - Assessor's Bloek Numbers Shown in Ellipses Assessor's Parcel Numbers Shown in Circles ,j c~,cKso N ~~ l3.~9 ~~ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907.283-3014 POBLIC HEARING NOTICE A Public Hearing on an Encroachment Permit Application under RMC 14.20.180 has been scheduled by the Renai Planning & Zoning Commission for Wednesday, April 28, 1993 commencing at 7:00 p.m. in the City Hall Council Chambers, Renai, Alaska. The application was submitted by Johnny Jackson, and is for an encroachment of lot size on property located at Lot 9, Block 2 Deepwood Park Subdivision, (116 Wooden Glen: Court), 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., Renai, Alaska, 99611 prior to April 28 , 1993. For more information please contact Jack La Shot or Loretta Harvey 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 KENAI MUNICIPAL CODE 14.20.185 Encroachment Permit: (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 finding 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(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 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 uneconomic to repair the building, structure, or object; or, the expiration of the useful life of the building, structure, or object, whichever come 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) 14-39 & 14-40 ~S ~~ :~ ~. 1, t; • I ((f `lSr` :r`• . ~~. f t ~t t ~. ,, ~ 5 60 jw~ ~o a `~` I rC ~l • ~\\ ~` T i / , I \ `~ '--~ __ 6' VIII. Eem't. I \ I I ~ I I . ~ -~1~_~I_ 26~ BIdp.9°tback . ~ I I L I 2.4 I D/W ; ._ ~~ I I Encro~(tmen-F~y ~ ~ I ~. I SQ° Detoit I ~` i I U ---• ~ / N {+ r•~ O LQI 9 "' A ______,~____ __ J :- 1 -•wr~ ... __ _~__ t ' ___' eeral~ ~ r~~.Ze, .~ • LEGEND AND NOTES Found official monument. Found 5/8~~ rebar, • Found I/2~~ rebar. • O Sel I/ 2 " rebar.' ()Indicates ,Datum of Record. v Well ,.. . ~ Septic veM . $ Poxer pole -.d r-~ •, ra L ~"' ` ~ at.e ti. ~ I Str~C ' 1 i .. . tUr'C j ~,.f f ' ~ ~s.e~ CM IiF " `i ll PRQPAREL FOR 1 Davld Brown • iSox ~h91 Y.enni, AK 9vG11 ~ env -~',~$ - ~ A~~6LI~~ SURVE:'I _ ^_ ~ hr,eby cerri}y that 1o--,° yarvey°dlh° (ollowirgd~~c•,et~ ' • ~ _•~ K ~ y ~ 1 vnej ~OCn NO ld ihe RraCMd,.p aHVlcl. ' ~ +tr0lko, and that Ih• improvramants aitualad Iharson n,r, wlthln the proplrt lines and do not overlap ar encroach on the property IYra9 adigCent there lo, that no Improve- , fn6nte on the prcperry Iplnq adJgoent thereto encroach on .^•, Cr' 1. E; ~h• premlesa In queatlon and Ihot Ihen are no roadways, t" 4U' tranemiubn Ilnu d otlwr vhlble eoe~menM en sold propert- -- except rn indieoled hereon. Dated) A/2D/a5 1 n a ~ e otae, Ino. i ~ ~ Aegletsrad c red Suryeyore ' ~ ExCtUSION NOTEt It la rho reeponNbilNy of the l owner to dHarmina the aRhlenta of any aaeemente, corenanle,or raNrlcllene whleh d0 not oDPaoron the i recorded tubJlvlelon plat. Under n0 Olraumetancee ~ _ Mduld or.y datd ( --- "" -------~-••-•lon ~ or tar eatpbllehln~ '~l 1~ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 April 29, 1993 Johnny Jackson P.O. Box 527 Kenai, AK 99611 RE: Encroachment Permit - Lot 9, Hlock 2, Deepwood Park Addition At their meeting of April 28, the Planning and Zoning Commission denied the above referenced permit. You may appeal their decision to Council by contacting the City Clerk, Carol Freas at 283-7539. A portion of the code dealing with the appeal process is enclosed for your information. Please let us know if we can be of further assistance. Sincerely, 6 Lorett Ha~iN~~ Administrative Assistant encls. ~~, s icgai ana common aescrlption of the property involved; (3) Date, time, and place of the public hearing; (4) Person and place to contact for more detailed information. (c) Property Owner Notification: A copy of the .aforementioned newspaper notification shall be sent by certified mail to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall. be required, but notices shall be displayed in at least three public places. (Ord. 925) _.~ ;~ 1.4.20.2.90 Appeals - Hoard of "A'd~ustimen ~ (a) Appeals from . ~. decisions of the administrative official or the Commission shall be heard by the FCenai City Council acting as the Board of Adjustment. (b) Procedure: (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filling of the appeal. Notice of the time and place of such hearing shall be mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings 14-58 (City of Kenai Supp. #47- 2/10/88) showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. (Ord. 925) 14.20.300 Appeal to Superior Court: An appeal .from any action or decision of the Board of Adjustment may be taken by any person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) -) 14.20.310 Severability: In the event any portion, section, subsection, clause, sentence, or phrase of this chanter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not ~~Ffnnr t-~e va1 ~,ii fv of f~l1a rFSn-ai ni nn nnrti nnc of thi ~ c±hanter_ MINIITES BOARD OF ADJIISTMENT HEARING MAY 19, 1993 7:00 P.M. RENAI CITY COIINCIL CHAMBERS APPEAL OF JOHNNY JACKSON CALL TO ORDER - 7:00 PM MAYOR iPILLIAMB: _I want to thank all of you for attending this evening's meetings of the Kenai City Council. The first order of business tonight rather than the regular City Council meeting will be a board of adjustment, in which the City Council will sit as that Board, and from there we will lead into the regular meeting agenda. With that in mind, I would call to order the Kenai City Council. as a board of adjustment this evening in the matter of the appeal of Johnny Jackson ruled by the Planning Commission. I think the Council has a full packet of materials in front of them for use in this case. You also have your memorandum from the city attorney regarding the administrative appeals from the Boards and • Commissions. As we act here as a board of adjustment, for those who are involved in this, we will be acting more in a quasi- judicial state so, therefore, we will be accepting testimony on behalf of this particular item from both parties and anyone else who would be interested in testifying. And I must advise you that your testimony will be under oath so that anything that is said here with regards to the matter at hand will be taken under oath and may be very well be used at a later date and could be used at a later date in other proceedings that may occur. So please keep that in mind as you give your testimony, and if you have an objection to taking an oath before this Board, please state your reasons and we would confer with the attorney, of course, and come to a decision about that. So with that in mind we will open the Board of Adjustment hearing and listen from the parties' respective viewpoints as to exactly what the facts of the case will be. After they have been heard, we will close the Board of Adjustment; we will not render a decision here this evening. We have 30 days in which to render that decision. We will sit with Council, and our Council attorney will help us in making a determination; and he will render a written decision to the Council who will then either ratify or deny it within the prescribed time. So with that I would ask first of all if there are any questions from the Council with regards to this Board of Adjustment hearing. If there are no questions from Council, the next person that I would like to hear from would be either Mr. Johnny Jackson or his representative. BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 2 Please state your name for the record and your reiteration of your representation status for Mr. Jackson. WITNE88: My name is Ron Johnson. I am a real estate broker. I represent Mr. Jackson. He is out of state right now. NILLIAMB: Mr. Johnson, would you follow the Clerk and please take the oath. (sworn in) WILLIAMS: Please proceed. JOHNSON: We have reviewed all the papers back to the beginning of time, and it looks to me like there is a combination of errors. Perhaps the builder overlooked the building permit requirements. There evidently was no on-site inspection. The ,first as-built survey indicated that there was no encroachment on the survey because there was no indication of the side lot lines on the survey. Consequently the title company didn't catch it on the first sale, and when Mr. Jackson bought it he had no reason probably to question the as-built as being any violation because he was not aware of any building set-backs because it was only recently that I got a copy of the original building permit that, yes, does show that the setbacks and side lines should have been adhered to. The original builder probably made a mistake. The engineer who did the as-built -- I'm not sure if the as-built really should have shown the setback lines. It would occur to me that the public record maybe needs to be amended so that all the sub- division plats within the City of Kenai would be no other -- nothing else done to them -- just noted on the face of the plat that the plat has been amended by ordinance because this particular plat indicates no building setback, side line setback, at all. And for the uninformed, because there is a setback on the front of the property, and there is a utility easement indicated on the property, I could see nothing wrong with this based on what I know about plats, and I am the broker. It would. seem to me that the City of Kenai should make that kind of information public record or make it so it, you might say, jumps out on any survey or any title policy, because it certainly does not. WILLIAMB: Thank you. As a part of these proceedings, let me state also that any witnesses who are adversary to the position, may also have the right to cross examine any of the comments that BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 3 either of the parties make. But in doing so, if you choose to do that, you too must take the.oath of office as well. So if there if anyone who is wanting to question what you're saying or cross- examine, that can be done at this time as well. :Any comments from the City Council with regards to what Mr. Johnson just said? Council take into consideration the building permit that we have a copy of here and the setback line that is delineated on the building permit which states that the front yard should be 25 feet, the side yard should be 15, the rear yard should be 20. Council should also use the plat that Mr. Johnson has referred to. That plat clearly shows the easement in front a 25 foot building setback, but as he points out it does not show side or rear setbacks. However, they are called for in the building permit. JOHNSON: One of the things I would call your attention to is if the setbacks were adhered to that building couldn't have been built on that lot because the end of the building is where the driveway -- the building would have had to be redesigned. The building was designed by one of the local architects and you would have thought that he would have designed that to comply with the rules. WILLIAMB: Is there discussion from Council? Any questions from Council? McCOMBEY: The building permit says 15 feet on the side, doesn't it? WILLIAMB: Yes, the building permit does say side yard 15 feet. McCOMBEY: So wouldn't that be a notice that you had to have, in fact, 15 feet? WILLIAMB: I think that would probably be a part of the deliberation when we study the issue. McCOMBEY: Okay. WILLIAMB: Is there any cross examination so far of anything Mr. Johnson has said? Is there any other testimony that you wish to present? BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 4 JOffidsON: No. Just that it occurs to me that the amount of -- this has already been done in the past. It was evidently corrected subsequent to this when there is a building site inspection requirement by ordinance after this fact. But it occurs to me that this is a compounding of errors in the past, and it's going to be very, very expensive in terms of dollars and. cents to force any kind of compliance. And I don't see the actual benefit. WILLIAMB: Thank you. Council is aware of the fact that Mr. Jackson who making this appeal is really an after-the-fact owner. He did not participate in construction of the building; the building was built by a previous owner. Any other comments? OK. Thank you very much for your testimony. Are there any other persons present, either as witnesses, adversaries, or interested parties, who may wish to testify at- ~this time? Please come forward, state your name for the record, and prepare the oath. WITNEBB: Hi. Marian Nelson. (sworn in) NELSON: My interest in this is that I own the property right next door. And referring a little bit to what Ron said in that this is a past sin that is now coming to haunt all of us, I recall that Dave Brown who built the house called me one day and said that he thought his house was maybe a couple of feet over the line, the setback line. And he would see if Howard, the of course building inspector, would catch it on inspection. It wasn't caught, so we let it ride. And I thought the same thing at the time, well if it's a couple of feet what difference does that make. Well now, of course, it becomes evident that he probably was referring to the fact that there is just a 2'4" setback as opposed to this 15' setback. The reasons for setbacks are obvious. You're all as aware of them as I am: aesthetics and so people don't build on top of one another. Here we have a case where both situations prevail. The ridge that goes through the property that makes it so attractive to build in that area is rather critical to building. That's where most people want to build if you're going to build towards the rear of the lot. That's what Dave Brown did, and of course the Jacksons have enjoyed living there since they purchased the house. My lot that sits next to it is -- if I were to build or if someone were to build on that ridge -- it makes the placement of BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 5 the house quite critical. of those same problems tha~ hard to make a house fit. way that you would have to words, it would have quite that you built. Where it sits it would fall into some t Ron was referring to. It would be You would have to design it in such a adhere to those setbacks. In other an impact on the style of the house What I am asking for is a variance in the interest of fairness. I want the same setback that he has. I'm not asking -- obviously I can't get any money out of this -- I'm not asking Jacksons for. anything like that. But it does impact my lot. Anybody who wants to buy it in the future, I half to tell them that I do have this problem -- this problem exists. So I am asking for the same thing. If I would want to put a building that close for whatever reason -- the ridge maybe being the main reason -- then I want the same treatment. ~~WILLIAMB: So what you are saying to the Council is that you would be willing to waive the setback ordinance as it applies to Mr. Jackson, if in fact you were treated identically and were given the same waiver of setback on that particular sideline. NELSON: Yes. I would venture to guess that they knew exactly what they were doing when they built that given the side -- the property length -- the measurement that's on the other side of the house as opposed to what's on the other side closest to my lot. Anyway, that's neither here nor there. Yes, that's what I would like to have is the same setback or variance in my case. WILLIAMB: You are aware of the fact that there are other mitigating circumstances that-could be investigated before you make that decision? N$L80N: Would you care to inform me of those? WILLIAMB: No. (laughter) Council has one other question before it as well with regard to that particular setback, and that is the issue of the fire code. We do not know at this time whether- or not the building is constructed according to the recommendation of the fire code with regard to the fire wall. It may be necessary to investigate that item further before any kind of variance could be issued. NELSON: Yes, I am aware of that. It was brought up at P&Z that that might be an issue. BOARD OF ADJUSTMENT MINUTES May 19, 1993 Page 6 WILLIAMB: Is there any cross-examination of the testimony given or any comments with regard to it? SMALLEY: Maybe one more for legal counsel. In looking at this unique request to be treated equitably and be considered for a variance of equal length, number one this is not the vehicle. The place to request that would be through Planning & Zoning. Number two, I am not-sure if the code will allow giving a variance to something for an indefinite time frame, something that isn't even built, or-at this point in time, planning to be built. ATTORNEY: I think you are right, Hal. There are a couple problems. One is that your variance request would have to go through P&Z as a separate agenda item and come through the chain that way. It wouldn't be appropriate for the Council to say we= .are going to give Mr. Jackson a variance and, in the interest of. -fairness, we are going to give the neighbor one, too, even though that may or-may not be fair. I'm not saying either way. So that's a problem there. And there may be a problem with granting a variance when there is not a building built or planned on the lot, but we may be able to_ do that. I'd have to check into it a little further. WiLLIAMB: All right. Thank you very much. Are there any other witnesses that wish to come forward and testify at this time? Any other witnesses at all? OK. Bringing it back to the Board of Adjustment -- Council members, are there further other items for discussion? Any questions of either of-the witnesses? Any questions of the attorney or the administration? Seeing none then, we will declare the Board of Adjustment closed.. and we will again review all of the facts of the case and work with our attorney and render our decision within 30 days and both parties will be notified. Thank you very much. Board of Adjustment adjourned at approximately 7:20 p.m. Minutes transcribed and submitted by: . Paulsen, Acting City C C~Op}~ BEFORE THE BOARD OF ADJUSTMIIV'IS FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF ) j JOHNNY JACKSON ENCROACIIlMIIIUT ) PIItM1T DENIAL ) Case No. BA-93-1 ~'~ • The Jackson appeal is denied. :~~' '~ ~~ On March 18, 1993, Johnny Jackson applied, pursuant to KMC 14.20.185, for an encroachment permit for 116 Wooded Glen Ct., Kenai, Alaska (Lot 9, Block 2, Deepwood Park Subdivision), located within the Suburban Residential (RS) Zone. The sideyard setback in effect in the RS Zone now, as at the time of construction, is 15 feet. The permit application requested a permit for an encroachment of 12.6 feet into the ~ sideyard setback. The house is located 2.4 feet from the sideyard property boundary. The application came up for public hearing before the Kenai Planning & Zoning Commission on April 28, 1993. Marian Nelson was the only member of the public to comment during the public hearing. Neither Mr. Jackson nor a representative of him was present at the public hearing. Ms. Nelson owns two lots adjoining the sideyard setback area covered by the requested encroachment permit. She objected to granting the encroachment permit. She stated that granting the permit would adversely affect the value of her lots. Following debate, the Commission voted three in favor and three opposed to granting the permit. Under KMC 1.90.050(c) and 1.15.060(e) four votes are required for passing a CITY OF KENAI BOARD OF ADJUSTMENT DECISION - 1 motion. The motion, therefore, failed. Mr. Jackson appealed pursuant to KMC 14.20.290. The Board of Adjustment heard the appeal on May 19, 1993. At the hearing, Mr. Ron Johnson appeared as Mr. Jackson's representative. Mr. Johnson testified that it appeared the original builder overlooked the setback requirements. He stated the first as-built survey did not indicate an encroachment. He also indicated the title company did not catch the encroachment during the sale to Mr. Jackson. Mr. Johnson further stated that the building as designed would not fit on the ~ lot - in compliance with applicable set back limits. Ms. Nelson also testified during the public hearing. She testified that Dave Brown, the original owner, stated to her that the house was a couple feet over the setback line and he was planning to see if the Building Inspector would catch it. The house in fact is 12.6 feet within the setback. The Building Inspector apparently did not catch the setback violation. Ms. Nelson stated that the location of the house over twelve feet within the setback area adversely affected the value of her lots. She noted that anyone buying her lots would have to deal with the setback problem and that would decrease the value of her lots. // // // // // // // CITY OF KENAI BOARD OF ADJUSTMENT DECISION - 2 DISCUSSION AND FINDINGS Mr. Johnson testified at the public hearing it appears that the house was designed in a manner that makes it unable to fit within the lawful setback. From Ms. Nelson's testimony, it also appears that the original owner knew the house was constructed within the setback. It also appears that the original as-built survey of the property did not indicate an encroachment. Additionally, the title company involved in the sale in which Mr. Jackson bought the property apparently did not catch the encroachment. It is undisputed that the house does encroach 12.6 feet within the setback which was in effect at the time the home was constructed. It is also undisputed that the house is 2.4 feet from the property boundary with Ms. Nelson. It is also not disputed that the building permit issued for the house on May 3, 1985 clearly indicates that the required sideyard setback is ~ 15 feet. That, coupled with the testimony of Ms. Nelson, lead to the clear conclusion that the builder of the home knew the house was built in violation of the setback. It is also clear from the record that the encroachment diminishes the value of Ms. Nelson's adjoining lots. While we are aware that the record reflects that. Mr. Jackson was unaware of the encroachment at the time of his purchase, granting the permit would pmvide relief to Mr. Jackson at the expense of his neighbor, Ms. Nelson. We do not feel that such a result would be in harmony with fundamental fairness or the intent of the municipal code. We also note that it appears Mr. Jackson may have available remedies against the title company or others involved in his purchase of the property. // CITY OF KENAI BOARD OF ADJUSTMENT DECISION - 3 For the reasons stated above, the appeal of Mr. Jackson is denied. DATED this ~ day of June, 1993. I agree with the Board's decision X I disagree with th '~ decision J J. 'ams, Mayor Date Comments: ***ssss~ss~s:*sss**sss I agree with the Board's decision I disagree with the Board's decision Hal Smalley, Council M r Comments: to- l~- 93 Date *:::~::*s:*~:sa~s~:**: I agree with the Board's decision __~__ I with the Boardis decisi es C. Bookey, III Comments: Date CITY OF KENAI BOARD OF ADJUSTMENT DECISION - 4 *s**ss*******s***s*s I agree with the Board's decision I ~ with the Board's d ' 'on mond Measle ,Vice-Mayor Comments: ~ ~' 3 Date ***ssss**ss:*:*s***: I agree with the Board's decision I disagree with the Board's decision Christine Monfor, Co it Member Comments: /~ Date *:s*ss:**sss::*:***: I agree with the Board's decision I ~ with the 's decision L' da Swarner, o cil Member Comments: Date CITY OF I{F.NAI BOARD OF ADJUSTMENT DECISION - 5 *sssss**ss**ss***ss* I agree with the Board's decision _~ I disagree with the Board's decision Art cCo sey, Council ber ~N a/C~-/ 7.1q `~~ Date Comments: CITY OF KENAI BOARD OF ADJUSTMENT DECISION - 6 v U.S. ENVIRONMENTAL PROTECTION and ALASKA DEPARTMENT OF ENVIRONMENTAL AGENCY : ~'c 1a~ 3 ;; . ;, ~ ~;' CONSERVATION ='~ ~_' A~~ ~ PUBLIC NOTICE AND OPPORTUNITY TO CONSP2ENT - ~~elv~ `~ i DRAFT HAZARDOUS WASTE POST-CLOSURE PERMIT' Pub~fi'Of KenN TESORO ALASKA PETROLEI7M RENAI REFINERY EPA ID NO. ARD 04867 AUGUST 8, 1994 '~ mks o~ ', ~/ COMPANY :~ 9682 2~~ ATTENTION: This Public Notice announces the forty-five (45) day public comment period, August 8 through '. September 21, 1994, for the draft post-closure permit for the Tesoro Alaska Petroleum Company in Kenai, Alaska. Details about the permit and where to get more information are included in this notice. PURPOSE: This Public Notice announces the proposal by the U.S. Environmental Protection Agency (EPA) and the Alaska Department of Environmental Conservation (ADEC) to issue a post-closure permit to the Tesoro Alaska Petroleum Company to administer post- closure care and corrective action at it's Kenai refinery. This is a draft Hazardous waste Management Facility Permit proposed to be issued under the Resource Conservation and Recovery Act (RCRA) and Alaska Statutes. The purpose of this Public Notice and the public participation process is to allow interested persons and other governmental agencies the opportunity to evaluate and make recommendations on the draft permit. The draft permit is available for review at the Kenai Public Library, the ADEC office in Juneau, and EPA offices in Anchorage and Seattle. The Agencies will accept comments on the draft permit for the next forty five (45) days, through September 21, 1994. After the comment .period is over, the Agencies will consider any issues raised in reaching a final permit decision. If requested, a public hearing will be held to take formal comments on the draft permit. BACKGROUND• Tesoro Alaska Petroleum Company operates a refinery in Kenai, Alaska. Tesoro managed hazardous waste in three surface impoundments which leaked hazardous constituents to the underlying soils and groundwater. The primary constituents released were benzene, toluene, ethyl benzene and xylene. These impoundments were closed and capped in 1989 as landfills leaving hazardous waste in place. They are therefore subject to post- closure monitoring and corrective action. Tesoro also has had releases of hazardous constituents to the soil and groundwater from several other sources on site which require corrective action. This permit requires Tesoro to conduct post closure- monitoring and corrective action for all releases of hazardous constituents at the facility. Tesoro has conducted an investigation to determine the extent of the contamination both on-site and off-site, and has proposed to remediate the groundwater contamination using an extensive groundwater extraction and treatment system. CONTENTS OF THE DRAFT POST-CLOSURE PERMIT: The draft permit sets forth the activities which EPA and ADEC propose to require of Tesoro. These activities include corrective action programs for contaminated groundwater and soil, groundwater monitoring, and long term maintenance of the closed units. The maintenance and monitoring period is thirty (30) years and may be extended if necessary to protect human health or the environment. YOU HAVE A CHANCE TO PARTICIPATE: Interested persons are invited to submit written comments concerning the draft permit. Public comments will be accepted for forty-five (45) days after the posting of this notice, from August 8, 1994 through September 21, 1994. Comments should include all reasonable available references, factual grounds and supporting material. A copy of the draft permit is available for review Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the following locations: Kenai Community Library 163 Main Street Loop Kenai, Alaska, 99611 Alaska Department of Environmental Conservation 410 Willoughby Avenue, Suite 105 Juneau, Alaska 99801 U.S. EPA Alaska Operations Office Federal Building, Room 537 222 W. 7th Avenue #19 Anchorage, Alaska 95513 U.S. EPA Region 10 10th Floor Library 1200 S.W. Sixth Avenue Seattle, Washington 98101 If interest is expressed in holding a public hearing, the EPA and ADEC will conduct a public hearing, which will be held on Thursday, September 22, at 7:00 p.m. at Nikiski Fire Station ,#1, Mile 17.9, Kenai Spur Highway, Kenai, Alaska. The hearing will be held if written notices of opposition and requests for public hearing are received. Persons wishing to request a public hearing should submit the request in writing within forty-five (45) days of the date of this notice, by September 21, 1994, to the EPA and ADEC. EPA and ADEC reserve the right to cancel the public hearing if public interest in holding a hearing is not communicated to EPA and ADEC by September 21, 1994. Even if a hearing is not held, all written comments will still be considered in reaching a final decision on this proposed action. Please send request for a public hearing or written comments to: Diane Richardson (HW-106) U.S. EPA Region 10 1200 S.W. Sixth Avenue Seattle, Washington 98101 Rich Sundet Southcentral Regional Office, ADEC 3601 "C" Street, Suite 1334 Anchorage, Alaska 99503 ANYONE WHO HAS NOT REQt7ESTED A HEARING AND WHO WISHES TO ATTEND TFIE HEARING SHOULD CALL DIANE RICHARDSON, EPA, AT (206) 553-1847, OR RICH SUNDET, ADEC, AT (907) 563-6529 AFTER 8:00 AM SEPTEMBER 21, 1994, TO FIND OUT IF THE SEPTEMBER 22, 1994 HEARING WILL BE HELD. Randall F. Smith, Director Heather T. Stockard, Chief Hazardous Waste Division Solid and Hazardous Waste U.S. EPA Region 10 Management Alaska Department of Envirorunental Conservation CITY OF SOLDOTNA ~ ORDINANCE 602 (Requested by Planning & Zoning Commission) AMENDING THE ZONING CODE TO RELAX PROHIBITIVE AND OVERLY RESTRICTIVE STANDARDS APPLICABLE TO HOME OCCUPATIONS WHEREAS, growing numbers of Soldotna property owners have articulated a desire to use portions of their homes for office or business purposes; and, WHEREAS, its time for Soldotna to relax prohibitive or overly restrictive zoning codes so residents may be allowed to earn a living from their homes. NOW, THEREFORE. BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF SOLDOTNA, ALASKA: i n 1. The intent of this amendment to the Soldotna Zoning Code is to establish standards for home occupations that will assure compatibility with the character of residential neighborhoods and to provide criteria for determining whether a use qualifies as a home occupation. Section 2. Paragraph B of Section 17.03.060 (Definitions) of the Soldotna Zoning Code is amended to revise definitions of accessory uses and home occupations in the following manner: 1) "Accessory Building" means a subordinate building incidential to and located on the same lot occupied by the main use or building, such as a detached garage. 2) "Accessory Use" means a use conducted on the same lot as the primary use of the structure to which it is related; a use which is clearly incidental to the primary use. 67) "Home Occupation" means an accessory use of a dwelling unit or an accessory building for commercial or nonresidential uses which are clearly incidental and secondary to use of the dwelling unit for residential purposes and does not change the external character of a residential zoning district. The owner, lessee or other persons who have a legal right to use of a dwelling unit also have a right to conduct a home occupation without securing a permit to authorize the use. However, such person shall be subject to all conditions of this Title 17 generally, specific requirements and performance standards provided in Chapter 17.03.300 of this Chapter and to all other permits required by the Municipal Code, such as building permits. Ordinance 602 1 8/11/94 DRAFT Section 3. Subsection 1 of Paragraph A of Section 17.03.300 (Accessory Uses and Buildings) of the Soldotna Zoning Code is amended in the following manner: 1) Home occupations are authorized accessory uses in all residential zoning districts provided ail the following performance standards are met: Standards Recommended by Paul and Sarah Edwards, Planning Commissioners Journal /Number 12 / Fa11 1993 (a) The use is clearly subordinate to the main use of the dwelling unit for residential purposes and does not change the residential character of the dwelling or the lot in any visible manner; (b) The use creates no objectionable odor, noticeable vibration or offensive noise that increases the level of ambient sound at the property lines: (c) The use does not cause unsightly conditions or waste visible from off the property; (d) The use does not cause interference with radio or television reception; (e) The use has no more than two employees who are not residents of the household (snore employees may be allowed by conditional use permit) - -our current code prohibits employment of non-family members, (f) The use has no signs visible from the street except for 1 nameplate or 1 wall sign not to exceed 4 square feet in area; (g) No articles are sold at retail on the premises which are not raised or grown on the premises (our current code specifically prohibits any use involving the retail 1 sale of any good to the general public); (h) The use occupies less than half the floor area of the dwelling unit; (i) The use has sufficient off-street parking to accommodate both residential and home occupation uses; and, (j) The use does not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street on which the dwelling is located. 1 Webster defines "retail" to mean the sale of commodities or goods in small quantities directly to ultimate consumers for personal or household consumption. Ordinance 602 2 8/11/94 DRAFT Standards Recommended by 1994 Uniform Zoning Code ~ International Conference of Building Officials May, 1994 (a) The use does not employ more than one person other than those related by blood, marriage or adoption (compare to foregoing paragraph a -potential unmarried couple problems) (b) The use has no more than one sign displayed on the premises not to exceed 2 square feet in area (compare to foregoing paragraph f -- 4 square feet is the current limitation) (c) Sales and services to patrons are arranged by appointment and scheduled so that not more than one patron vehicle is on the premises at the same time (compare to foregoing paragraph g -- adoption of this standard would enable the Jenny Woods and Sam Best type retail use) (d) The use does not exceed 25 percent of the floor area of the primary structure and 50 percent of an accessory building on the premises (compare to foregoing paragraph h -amore restrictive standard) (e) Two additional parking spaces are provided on the premises, except only one additional parking space need be provided if the home occupation does not have an employee (compare to foregoing paragraph i -amore explicit definition for an off street parking standard) (f) Inventory and supplies do not occupy more than 50 percent of the area used for the home occupation (our current code says there maybe no display of stock in trade); . (g) There is no exterior display or storage of goods on the premises (our current code says there may be no outside storage of materials or equipment) (h) Home occupations involving auto repair or maintenance, beauty shops or barber shops may be authorized by a conditional use permit (our current code authorizes professional offices, day care for up to 6 children, dressmaking and millinery shops, beauty parlors, tutoring, musical instruction, art and photography studios, but explicitly prohibits auto and boat repair and restaurants) i n 4. This Ordinance becomes effective 1994. Ordinance 602 3 8/11/94 DRAFT ,1 ~ / V'~ I BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF ) THE DENIAL OF A VARIANCE PERMIT ) FOR DONALD M. AASE. ) 1 Case No. BA-94-2 DECISION The appeal of Donald M. Aase is denied. BACKGROUND On June 21, 1994 Donald M. Aase applied for a variance permit under KMC 14.20.180 for Lot 1, Block 3, VIP Pazk Estates, Kenai, Alaska ("the property"). The variance requested a reduction of the minunum lot size from the 40,000 squaze feet as required in the Rural Residential (RR) Zone. The request would allow division of the property into two lots of approximately 34,000 and 33,500 square feet respectively. A map indicating the property is attached as "Exhibit A." The public hearing on the variance permit was held on July 13, 1994 before the Kenai Planning & Zoning Commission. Four persons testified at the public hearing. Jeri Chivers, Sandra Baughman and Chris Gabriel, all of whom live adjacent or nearby the property, spoke in opposition to the variance request. They stated that a prime consideration of living in the area was the 40,000 square foot lot size required in the RR Zone. They felt such a requirement maintained the rural atmosphere of the area, which is CITY OF KENA[ BOARD OF ADJUSTMENT DECISION -Page 1 of 6 an important reason why they live there. They were also concerned that reduction in the size of the lot could create problems with the septic systems similar to those currently occurring at Thompson Park. Don Aase spoke in favor of issuance of the permit. He stated that the covenants on the property limited the lot size for a period of ten years only, and that twelve years had gone by since their issuance. He also stated that while he could build four-plexes on the property, he was only building single family dwellings. City Engineer La Shot stated that the staff felt a condition of the permit should be a waiver of the Department of Environmental Conservation (DEC) requirement for 40,000 square foot lot size. He felt DEC would grant such a request because of the soil conditions in the area. The Commission voted four to two with two abstentions to deny the permit. The follow day, July 14, Donald Aase appealed the Commission's decision under KMC 14.20.290. The Boazd of Adjustment held a hearing on the appeal on August 3, 1994. At the hearing, four neighbors testified in opposition to the issuance of the permit: Bill Bedsworth, Sandra Baughman, Mike Chivers, and Jim Scanlan. Their opposition centered on two issues. First, that they had moved into the neighborhood in reliance on the lot size requirements contained in the RR Zone and deed covenants. They testified that the lot size was important in maintaining the rural atmosphere which was a primary motivating factor in moving to the azea. They felt reduction in the lot size would remove the rural atmosphere of the area. They also felt that division of the property into two lots was being proposed for monetary purposes: the developer could build and sell two houses on the property rather than one. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 6 Mike Chivers described his feelings as follows: I don't like it because when we bought it we was under the l assumption that we would be all spread out. It wouldn't take anything more than just a walk through our neighborhood over there in that particular circle, even, I've got both of my neighbors here on both sides of me and it's pretty easy to see that lots of our trees and stuff are still there and we don't have to worry about a lot of neighbors and density of housing. When we bought in there that was a big deal to us. We knew that that was considered a low density area and that was a pretty big deal to us. A secondary concern of the neighbors was that reduction in the lot size could cause problems with the septic systems similar to those in Thompson Park. Jim Scallan testified as follows: I'd like to oppose the granting of the variance because my wife and I moved into that azea because it was acre lots there and it was nice and quiet and we would like to keep it that way. And, again, the Thompson Park thing -- we don't want to get into something like that. And we like it nice and quiet the way it is out there. No one testified in favor of issuance of the permit. CITY OF KENA1 BOARD OF ADJUSTMENT DECISION -Page 3 of 6 DISCUSSION AND FINDINGS The minimum lot size in the RR Zone is 40,000 square feet. The reason for that size is twofold: 1) to have a lot large enough to provide for a viable septic system; and 2) to maintain the atmosphere and quality of life of a rural area. The requirements for granting a variance from the lot size are contained in KMC 14.20.180. We do not feel the applicant has met the requirements of KMC 14.20.180(c)(1) and (2). We find no special conditions peculiar to the property in question as required by KMC 14.20.180(c)(1). Moreover, the developer admits the rationale for the variance request is to allow the developer to create and sell two lots rather than one. (See Page BA-2a of the record on appeal: letter of Don Aase.) Thus, the real causal circumstance is the desire to increase the profitability of development of the property. That factor runs clearly afoul of KMC 14.20.180(c)(2). We further find that the application does not request the minimum variance allowable for the reasonable use of the property as required in KMC 14.20.180(4). The property is able to be put to a reasonable use as is with no variance. The variance as noted above is only requested to increase the value to the property by allowing development of two lots rather than one. Such a circumstance is not one which allows issuance of a variance under KMC 14.20.180. We also find that reduction in the lot size would reduce the intended rural environment of the area. The property owners testified that they relied on the covenants and zoning requirements setting forth the minimum lot size. While the ten-year period in the covenants has expired, the neighbors are justified in relying on the minimum code CITY Of KENAI BOARD OF ADJUSTMENT DECISION -Page 4 of b requirements set forth for the RR Zone. That is especially so when the request does not meet the requirements set forth in KMC 14.20.180. Finally, we are not convinced that reduction in the lot size would not, if continued on, create a problem similar to Thompson Park where a large expenditure of public funds has been required to alleviate a problem of inadequate septic systems. For the above reasons, we deny the appeal of Donald M. Aare and uphold the decision of the Planning and Zoning Commission. DATED this ~~y of September, 1994. Ra and Measles, ice-Mayor (not participating) James C. Bookey, III, Council Member Christine Monfor, Council M~nber '~ ~ J ,, C~~~~~~ L da Swarner, Council Member ~~ J w~..t~'G.,, Hal Smalley, Council~Glember CITT Of KENAI BOARD OF ADJUSTMENT DECISION -Page 5 of 6 DISSENTING OPINION While I am sympathetic to the concerns and wishes of the neighbors who testified at the public hearing, I would grant the appeal of Donald M. Aase unless it could be shown that DEC felt the reduced size of the lot would create problems with the septic system. Given the statement of City Engineer La Shot that he felt the DEC would grant a waiver because of the adjoining rights-of--way and soils, I feel the property could be divided without reducing the effectiveness of the septic system. I also feel that even with the reduction in lot size from 40,000 square feet to azound 34,000 squaze feet, the rural atmosphere of the area could be preserved. For the above reasons, 1 respectfully dissent from the decision of the Boazd of Adjustment. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 6 of 6 Duane Bannock, Council Member ~~ ~ ,. ~~ ,2 ~. ~, ~ ~ ~~ ~ ~`. ~~~~~ m \ ~~'' ~. N ~~:~•, \ ~ I . •, \ ~', "Q?' O ~ `.~ 4~~ Z I ` • ~ ~ r • ? F \ ~Y' . , ~? ~ B • ,S • ` 'g S~ \ ry5 ` ~.,~, ° ~ LOT 1 ~~/ ., ~~ i*f49I~ :*~/ • ~ / I~~S • ~ ~,• •• , 'i ~~~.. N.N. PO ~ HLK 3 ~~~~ ~ . ~ -4~0 •., ~ \ ew~o~iNO~~ / . ~;~~~ \ , a \v/ \o `~ G ~~ Jn . / P PLAN CERTiFi I hereby certify that I have prepared this site plan for the following described property: _ .c oT ~ ~ ~x 3 - , y,~ ~a~~ ~~Za~~s a,... that the proposed improvements, as shown hereoar are from information provided by the ovaer/builder. ~~ll a -~----- ~ Yr1 Y YrY~rY aQ9S ovnr naTnv ~~ronv _ .• `. ~ •~ c'~~ ~ i, \ •. ~5R >~' \ ` ,~D \ ~ ` • ` ~~ ` , ` ~~ • \ • '•.sso, G ., / ~ ~ ~ weu Le ~ ~S . . \ ,• \ LOT 1 ~ti ~~'•., `~ \ , BLK 3 ~ •, w ~ a ~. aui~olNO / .:~OF q~11o ' h~P~ •.,..«..•,•••qs i~, :' '•,h9 i 1r i f 49I-~ ~ •• • MN•• • i•• • , ~ s ~t9~~p••••..••••••'a~SJ-.r ROFESSIONA~ ~ v I hereby certify that I have prepared this site plan for the following described property:. ,LoT / ~/~3 - V 1~a~~ ~S~a~~s V JC . / ~ ;~ ;~ Pagq .,..oooo •oo bah. ~o~.... ~~.~ .~~.~.•,.,.lv~..c,c...,,, uCg6lc~ 261a c~f~o~. w~ and that the proposed improvements as shown hereon. are from information provided by the ~,~ L~ , CITY OF KENAI ~„\ 210 FIDALGO AVE., SUITE 200 KENAI. ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ AwW.eoon '~II'i ,~z MEMORANDIIM TO: Planning & Zoning Commission FROM: Carol L. Freas, City Clerk City of Kenai DATE: September 8, 19 RE: RESOLUTION NO. 94-55 PROPOSED ACQUISITION AND DEVELOPL~fENT OF I00 ACRES OF CHESTER CONE PROPERTY Attached is an unsigned copy of Resolution No. 94-55 as it was amended and approved by the Kenai City Council at their meeting of September 7, 1994. Council requested a copy of the resolution be forwarded to you for your review and information. Also, they wanted you to be aware that in the near future, you may be approached to consider the rezoning of City-owned property which lies between the Cone property and the Kenai River from Rural Residential Zone to Conservation Zone. clf Attachment SUBSTITUTE RESOLUTION SUGGESTED BY: Mayor. Williams City of Kenai RESOLUTION NO. 94-55 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, SUPPORTING THE ACQUISITION OF APPROXIMATELY 100 ACRES OF CHESTER CONE RIVER PROPERTY BY THE EXXON VALDEZ TRUSTEE COUNCIL (EVTC) THROUGH THE EVTC SMALL PARCEL ACQUISITION PROGRAM FOR THE PURPOSE OF RESTORING AND PROTECTING HABITAT DAMAGED BY THE EXXON VALDEZ OIL SPILL AND AUTHORIZING THE CITY ADMINISTRATION TO WORK COOPERATIVELY WITH STATE AGENCIES AND APPLY FOR A GRANT OF UP TO $500,000 TO DEVELOP A PARK TO RESTORE RECREATION SERVICES IMPACTED BY THE EXXON VALDEZ OIL SPILL. WHEREAS, at their regular meeting of July 20, 1994, the Kenai City Council discussed the above-mentioned acquisition program and stated their support of the purchase of Mr. Cone's Kenai River property now being considered by the Exxon Valdez Trustee Council Small Parcel Acquisition Program; and, WHEREAS, the Kenai City Council has stated their desire to work with the Alaska Department of Fish & Game and the Alaska State Parks in order to develop a park on a portion of the Cone property; and, WHEREAS, the park would include a designated parking area for cars and recreational vehicles; a river viewing station; a state- of-the-art interpretative area to provide park visitors with information about the lower river ecosystem, salmon runs, bird activity and habitat protection issues; and development of a boardwalk to allow visitors to walk along the wetland portion but preventing degradation of critical habitat by those visitors; and, WHEREAS, the Kenai City Council would consider rezoning City property which lies between Mr. Cone's property and the Kenai River from Rural Residential to Conservation Zoning should the Exxon Valdez Trustee Council acquire Mr. Cone's property and State Parks fund the City's development proposal for a park on that property; and, WHEREAS, it is understood short-term costs will be incurred by the City for developing a park proposal suitable for delivery to Alaska State Parks but land acquisition and development costs would be borne by the EVTC small parcel acquisition and recreational project program funds; and, Page 1 of 2 WHEREAS, the Kenai City Council is aware of and supports the City's negotiating with the State for future maintenance responsibilities. This may include personnel and support services for the park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, supports the acquisition of approximately 100 acres of Chester Cone river property by the Exxon Valdez Trustee Council (EVTC) through the EVTC Small Parcel Acquisition Program, working cooperatively with State agencies on the parcel acquisition strategy and authorizing Administration to apply for up to $500,000 in funding from the Alaska State Parks Marine Recreation Program to construct a park on the property; and, BE IT FURTHER RESOLVED, the Kenai City Council looks forward to the development of a state-of-the-art interpretative center which would provide."impact-free" enjoyment of the river; the use of the park as a living laboratory for students learning about river wildlife and ecosystem management issues; a location for demonstration projects on river habitat protection which may be funded by State and Federal agencies with habitat protection responsibilities. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this seventh day of September, 1994. John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk clf Page 2 of 2 r MEMORANDUM DATE: SeptemLer 8, 1994 TO: Tom Manninen, City Manager FROM: Loretta Harvey, Administrative Assists SUBJECT: HISTORIC BOARD ACTIONS OF SEPTEMBER 8, 1994 ffffffffffffffffffffffffffffffffffffffflffffflfffffffffffffffffffffffffffffff! At the above referenced meeting, the Board identified the following individuals to fulfill the CLG State Guidelines as professionals in the areas of architecture, history, and archaeology: Alan Boraas (history, archaeology), Bill Kluge (architecture), and James J. Malanaphy III (architecture). According to Janet Clemen's letter, dated May 10, 1994, the city should submit either formal resumes for the professionals, or summarize, in a letter, the individuals and their particular qualifications. I am contacting the individuals to request resumes (see attached). The Board also discussed the letter of intent to apply for a grant through the Historic Preservation Fund (HPF). It was determined that aSurvey/Inventory should be conducted with these funds. The Board would like to request a X25,000 grant with the HPF funding at $15,000 (60%); and the city matching $10,000 (40%). Please send the letter of intent with the Board's recommendation. A regular meeting date has been chosen for the fourth Tuesday of each month. The first order of business will be to establish a preservation plan and set goals and objectives. Dorothy Gray was elected Chairperson, and Karen Mahurin will serve as Vice Chair. y DEPARTMENT OF NATURAL RESOURCES SUPPORT SERVICES DIVISION September 7, 1994 City of Kenai Planning & Zoning Commission 210 Fidalgo Avenue Kenai, AK 99611 Re: Conformed Plat Copies Gentlemen: State Recorder's Office 3601 C Street, Suite 1180 Anchorage AK 99503-5947 907)762-2437 Fax 762-2210 ;,~~ ~ ~. ~'~ ~,--, ~- ~~~ ~ ~ _ PU~id~~di~s~ DEFT. Five months ago, the recording system discontinued a longstanding practice of affixing recording information to blue line copies and/or duplicate positive mylar copies of plats presented at the time of recording. While this decision produced a flurry of protests in response, I can assure you that this administrative decision was not made in a vacuum. It was virtually impossible for recording personnel to verify that such copies- were exact duplicates of the recorded original since they had not physically produced the copies on site. In fact, we have subsequently learned that several of the copies that were presented for conforming under the prior procedure in past years were in fact not exact duplicates of the original recorded mylars. Unfortunately, the past practice of affixing a recording stamp on such copies served to give "true copy" effect to documents the recorder had not personally produced and could not verify. The fact that the title industry may have relied on these copies to insure title compounded the risk. While it was critical that this dangerous procedure be curtailed, the recording system management pledged its efforts to continue to seek an acceptable alternative that would allow recorders to resume a conformed copy procedure for plats that would have the requisite controls in place. I am pleased to announce that in conjunction with a newly centralized filming process, the section's Archives Unit has acquired an engineering copier that will enable us to produce full-scale copies from original recorded plats. Original plats from all recording offices are now forwarded to Anchorage for filming, and conformed copies requested and paid for at the time of recording will be produced and returned to the requesting party by return mail or courier. While this procedure does result in a slight delay in the receipt of conformed copies by the customer, it does assure that those copies are in a full-scale format, produced under the control of the recorder who conforms them, and are indeed a true and accurate copy of the original recorded mylar from which they are produced. This new conformed plat procedure will take effect September 15, 1994. Thereafter, full scale conformed copies on bond paper will be available at $3.00 per sheet, and full scale conformed copies on mylar will be available at $6.00 per sheet. As always, smaller September 7, 1994 Page Two sized plat copies produced from microfiche can also be obtained at your local recording office for $3.00 per sheet after library film has been distributed to that office. A number of governmental agencies expressed dissatisfaction with the interim procedure. If yours is one of them, I am confident that the new conformed copy procedure will fully meet your needs in the future. If you have any questions or concerns, do not hesitate to contact me. Sincerely, ~L~~~G~ ~GQiG~~ Sharon Youn~/g State Recorder cc: Nico Bus, Acting Director ~5 Memorandum To: Jack La Shot, City Engineer Planning & Zoning Commission From: Robert Springer ~_ Date: August 30, 1994 Subject: Verification of Tesoro/7-11 Property Lines After reviewing the plot plan drawn by Cliff Baker, of the proposed new canopy for the Tesoro/7-11 I find no encroachment of the proposed structure. The existing building is .1 feet inside the property line, I verified this with Cliff Baker the Surveyor who drew the plot plan with the proposed structure on it. Since this is zoned General Commercial there is no required setback in the Kenai Municipal Code. The Building Code only requires that the structure be one hour fire resistant, which it ~ is. I verified this with the Engineering firm that has done the specifications for the canopy and underground storage tanks. a~_ ~~