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HomeMy WebLinkAbout1991-07-10 P&Z PacketCITY OF KENAI ~ ~~~~ ~ 210 Fidalgo Avenue ,/ B I C E N T E N N I A L Kenai, Alaska 99611 l~~e wr1J~a~wst= ~i~u~d~G u ~~g ~ TELEPHONE 283-7535 FAX 907-283-3014 KENAI PLANNING & ZONING COMMISSION ****July 10, 1991**** City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 26, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING ****PUBLIC HEARING**** a. Conditional Use Permit for Bed and Breakfast - Coyle's Landing 6. NEW BUSINESS a. Home Occupation Permit - Molly Bertling 7. OLD BUSINESS a. Comprehensive Plan Work Session Schedule - August 8th 8. REPORTS a. City Council b. Borough Planning c. City Administration 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS a. Kenai City Council Agenda - July 3, 1991 b. KPB Planning Commission Agenda - July 1, 1991 c. Board of Adjustment Decision - Nu-State Nursery Variance 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT Next Meetinq_Auqust 14, 1991, 7:00 p.m. City Council Chambers <~..~.v - RENAI PLANNING & ZONING COMMISSION June 26, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Commissioners: Phil Bryson, Duane Bannock, Saylor Rehm, Art Graveley Councilman: Hal Smalley Planning Staff: Loretta Harvey City Administration: Kim Howard, Jack La Shot 2. APPROVAL OF AGENDA MOTION AND VOTE: Commissioner Glick moved for approval of the agenda as amended, seconded by Commissioner Murphy. Passed by Unanimous Consent. 3. APPROVAL OF MINUTES - June 12, 1991 Councilman Smalley asked that the reference to "commercial fishing" under the discussion about Irene's Lodge, be changed to "sport guide fishing". So noted. MOTION AND VOTE: Commissioner Murphy moved for approval of minutes as amended. Commissioner Glick seconded. Passed by Unanimous Consent. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PLANNING a. Resolution PZ 91-19: Preliminary Plat - White Country Estates Jack La Shot, City Engineer introduced the plat and explained that there would need to be an installation agreement to construct roads and the sewer and water system. MOTION: Commissioner Glick moved approval of Resolution PZ 91-19 with incorporation of staff comments (per attached comment sheet), Commissioner Bannock seconded. RENAI PLANNING & ZONING COMMISSION Page 2 June 12, 1991 VOTE: Bryson: Yes Murphy: Yes Rehm: Yes Bannock: Yes Glick: Yes Scott: Yes b. Resolution PZ 91-20: Home Occupation Permit - Deadbolts Lock & Key Shawn McCrosky, applicant, explained to the Commission that he was moving his business to a new home he had purchased, and wanted to keep his permit for an indefinite period of time. Chairman Bryson asked if McCrosky had a sign and if it conformed to code. McCrosky said yes, and that he would be using the same sign at the new location. MOTION: Commissioner Rehm made a motion to approve Resolution PZ 91-21, Home Occupation for Deadbolts Lock and Rey at 8498 Spur Highway. Commissioner Glick seconded. VOTE: Bryson: Yes Murphy: Yes Glick: Yes Scott: Yes Rehm: Yes Bannock: Yes c. Application for Review of Development Townsite Historical Zoning District - Philip Stefanides Phil Stefanides said he had recently purchased the fourplex and wants to add a storage shed because he needs a place to store manager's equipment. The shed will be finished and painted consistent with the existing structure. Bannock asked if the shed would be approximately the same as the one on the opposite end o the building? Stephanides responded that it would not be exactly the same, the pitch of the roof would be different on new section. Commissioner Rehm asked how close the fourplex was to the property line. Stefanides said he was not certain, but Howard Hackney, Building Inspector had checked the setback and said it was fine. MOTION: Commissioner Bannock moved approval of Res 91- 21, application for review of development in TSH zone. Commissioner Rehm seconded. RENAI PLANNING & ZONING COMMISSION Page 3 June 12, 1991 VOTE: Bryson: Yes Bannock: Yes Glick: Yes Murphy: Yes Scott: Yes Rehm: Yes 6. NEN BUSINESS a. Assignment of Lease - Lot lA, Deshka Subdivision Kim Howard, Administrative Assistant, explained that the building was where Olga's Jewelry was now doing business and Lou and Teresa Schilling wanted to obtain the lease from Sid Morris. The City Attorney has reviewed the lease and had no objection to the transfer. MOTION: Commissioner Murphy moved approval of reassignment of lease Lot 1 Deshka Subdivision. Commissioner Scott seconded. VOTE: Bryson: Yes Bannock: Yes Glick: Yes Murphy: Yes Scott: Yes Rehm: Yes b. Time Extension of Home Occupation Permit - Greatland Architects Terry Stocker La Shot explained that Stocker has an existing permit but the time limit was for 6 to 9 months, which has expired. The code does not specify who grants time extensions, but Planning Staff thought the Commission should make the determination. MOTION: Commissioner Bannock moved to alleviate reference to time period on Home Occupation Permit for Greatland Architects. Commissioner Glick seconded. VOTE: Bryson: Yes Murphy: Yes 7. OLD BUSINESS 8. REPORTS a. City Council Bannock: Yes Glick: Yes Rehm: Yes Scott: Yes Councilman Smalley reported on agenda items. Presented sketch of a sign that an Eagle Scout would like to produce for the City of Kenai. RENAI PLANNING & ZONING COMMISSION Page 4 June 12, 1991 Smalley also reported that the Forest Drive Park had been reopened to tent camping only, with a 72 hour limit. The City is also looking into other sites for a future camping area. b. Borough Planning Chairman Bryson reported on items from Borough Planning agenda. c. City Administration La Shot reported that the proposed new court house site is currently zoned Light Industrial (IL), if the City builds there it would require a conditional use permit (CUP) or the property could be rezoned. La Shot asked the Commission if they would prefer a CUP or a rezone? Chairman Bryson said he would prefer a rezone. 9. PERSONS PRESENT NOT SCHEDULED 10. INFORMATION ITEMS 1. City Council Agenda 2. KPB Planning Commission Agenda 11. COMMISSION COMMENTS & QUESTIONS Commissioner Scott said she would be unable to attend the meetings in July and asked if the Commission would like her to relinquish her seat. Commissioner Rehm asked her to stay, Commission concurred. 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, oretta Ha vey Transcribing Secretary .~ PUBLIC MEETING NOTICE The Kenai City Council will convene in a joint work session with the Planning & Zoning Commission, on Wednesday, June 26, 1991 at 8:00 p.m. (immediately after the Planning & Zoning Commission Meeting) in the Council Chambers. The following item will be discussed at that time: 'City of Kenai Comprehensive Plan The public is invited to attend and participate. Carol L. Freas City Clerk DATED: June 20, 1991 TO: Planning and Zoning Commission FROM: Jack La Shot DATE: July 2, 1991 RE: CONDITIONAL USE PERMIT COYLE'S LANDING BED & BREAKFAST STAFF REPORT Applicant: Sharalyn S. Wright 1412 Barabara Drive Kenai, Alaska 99611 Legal Description: Tract 9, Horseshoe End at River Bend Sub. Proposed Activity: Bed & Breakfast Existing Zoning: Rural Residential (RR) Staff Action: Sent 10 notices of Public Hearing to property owners within 300 feet of B&B site and have received 5 responses as of July 5th. Published Public Hearing Notice in the Clarion July 5 & 8, 1991. Discussion• 14.20.321 Bed & Breakfast Establishments (B&B): (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 and breakfast; rent out not more than thirty percent (30%) of the total floor area; have adequate off street parking for owner and all guests; and shall meet all other requirements as set forth by the Planning & Zoning Commission at the time of public hearing. The building for the proposed B&B has been used as a rental unit in the past so a B&B would be a similar use as before, not a secondary or incidental use. The applicant does not reside on the premises, which is not consistent with the code (see attached memos). The applicant has not specified the amount of floor space which will be used for the B&B. The site does appear to have adequate off-street parking for the owner and guests. CITY OF KENAI PLANNING & ZONING ..COMMISSION BED & BREAKFAST RESOLUTION NO.PZ 91- 22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR Sharalyn S. Wright, Coyle's Landing 1412 Barabara Located: Kenai, Alaska WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: 6/25/91 2. That this request is located on land zoned: Rural Residential 3. That the applicant has demonstrated with plans and other documents that he/she can and will meet the following specific requirements and conditions in addition to the existing requirements: a. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on July 10, 1991 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 the l th day of July , 1991. Chairman Attest t o ~ oc ~ ~ c cn •c N ~ ~O ` ~ ~ N rz ~• ~ O I I 1 ~ ~~ ~ 'I I ~ C ~ ~ l ~ ~ I ~, : ,~ ~, ~ ~- Q Y .. ~, ~ • ~' a N ,~t F < Q. L `~ w U .., N ~ ~ - C c Y ~ V ~ •C •C Y h C Z m ~ ~ ~ ~ ~ V ~ •n 1J O ~ 7 10 ~ Z W (~ 00 ~ V Z _. x ~, p o'• ~ -' ~ N N L L Z + U ~O ~ ~, ~ ~ 0 0 a ryR J N ~ /~ N t~if ~ ~ N ~ W 7 - o ~~ ~ O J 3 ®~` ~ •. Z N •` h ~ K • ~ ~Y W < ~~ ~ ~ a ~a s W • s o V ~ ~ ~ , a _ ~ O 0,~,~`Q9_ s u N / ~ ~ l O ~ ti •~ a ON r $ V _ 8 N ~ .Y - ~ n~ ~ r - - ~ ti~ ~ 4 ~ 9 0 ~ u ~k c ~ ry - ~ ~- if O M u ~ ~o ~o ,~ .~ I _. ~~_' ~ ~ .DATE: *~~ ~~ ~' }'~'^ * ~ .1 1- 4 t r .J. .b~ f to t C r ~ ~ ~ r r ~ r^`' ,~ .. • ~ ~• 4 1. APPLICANT• ~~ __ ~ f,t, -s. : ~r r' ~~~~ '. ~..2 ~ ~ ~`ADD~RESS, '-~s . ~~~ ~.~ r.;:, :..Knnf ,,,~ ..... ~ y.~ ~~ .. - ..7 r' . r ~ .... .. .wra~J..~.ne... ~E /a/ ~/g~l S1~,G~ f a . .. ~ .. :~ ' ~ PHONE: _cf~ ~ _ - -, a83- 3• 'PERMIT REQUESTED FO : 4. 5. 6. 7. .... 8/87 ~ ~~5 . - __ ,• LEGAL DESCRIPTION: (includes street address or physical location) ~. .K~nai Peninsula Borough Tax Parcel No, 049-120- 1200 : .~~ PARCEL I: . Traci. Nine (9), according to the Plat of HORSESHOE END-AT RIVER BEND SUBDIVISION, filed under Plat ZONING; #x-1709, in ,the Kenai, Recording District, Third . Judicial District, State of Alaska. LEGAL OWNER OF~1PRr~~prv-. .r~ CONDITIONAL USE PERh1IT CHECKLIST: a• site plan b' maP Cif available) c• traffic flow ~ parking d: deposit/advertisin.g fee ($100. e• letter~of particulars ~ ~=~~f . ~~~ ~~~ \. X fc~ . C_~r~~c-~l~c~ ih ~~ SC~ ~~~ ... 1t/i 4. J4./, yvy• , y.. v.. .. , 14.20.321 Bed & 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 t.`~e residential use of the main building. ~~ (b) Provided that these establishments shall be owner- operated, not more than one person outside the gamily shall be employed in tze bed and breakfast; rent out no :,lore than thirty percent (30%) of the total floor area; have aaeauate otf-street parking for owner and ail guests; and small meet a:11 of her requirements as set worth by the Planning & Zoning Commission at the time of public nearing. (c) The bed & brea;~iast establishment must meet all area, height, and setbact requirements of the zones in which they are allowed according to t::e Land tise Table. (Ord. 1305-89y 14-b5 ~t (City of Renal CITY OF KENAI ..o~ ~ ~ ,~.~„ BICENTENNIAL Yi~PayewrL~-a~ist-"G~~y m~ia ~u ct~'e! 210 Fidalgo Avenue Kenai, Alaska 99611 T'ELII'HONE 283-7535 FAX 907-283-3014 NOTICE OF PUBLIC HEARING Notice is hereby given that a petition for a Conditional use Permit for a Bed & Breakfast under KMC 14.20.280 has been submitted by Sharalyn S. Wright, 1412 Barabara Drive, within the City of Kenai. A Public .Hearing on this Conditional Use Permit Bed & Breakfast will be held by the Renai Planning & Zoning Commission on Wednesday, July 10, 1991, commencing at 7:00 p.m. in the City Hall Council Chambers, Renai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Renai, Planning Commission, 210 Fidalgo, Renai, Alaska, 99611 prior to July 10, 1991. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. 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I ~S, P I'~ f r {~ 1;11 F 1 {' 'i / y 1 ~ ly 11 1 ~ l ~~~ . ~ .~}~''(t`,1~~~7~ ', ~ ~: ~ J r ~ tt w, t~ t •~,~1 ,t~ ~ J K" f pr ( / ~ ', 71 ~` ~ lr y ~ l: ~ ,~i ,1 f' F~~ ~. IA~ ~4aA~~ i 1 't~ .. F•. ~=+1 July 3, 1991 City of Kenai Planning and Zoning Commission 215 Fidalgo Kenai, Alaska 99611 Attention: Loretta Harvey Please consider-this request for a c©nditianal Use permit for a Bed and Lreakfast Fstablish~tent located at 15p1 Aa.rabara Drive, Kenai, Alaska. The property has beeh utili2ed for a number of years as a rental. The pro~e~rty was owned by Waldo Coy~.e until April 9, 19g1., at which time it was laced in trust. I ate eurre~ntly the Trustee of the Waldo ~. Coy~e Trust dated 4/9/91. Attzched is the r~:gistration of the trust. Z have also taken Dare of the property for the past thxa~, years. - Two of the last occupants have cau8ed me tb recons~.der the wisdom of continuing as a Iandlard after causing in excess of ~S3b,000.J0 in damages. The interior of the building has bean repaireC, and Qhould provide shelter for visitors to our fine city. Many people are now ohoosing axternative lodging in a home atmcss~here during vacations. safe, recur®, hooray surroundings encourage longer visits whioh only serve the economic bags of our city. The properts is located on the Kenai River with a splendid vie~~ of the Kenai Mountains and abundant wildlife. Currently, Z have $arbara +ork in residence. She will remain there to assist in the operation of the bed and breakfast, and to ~-n~ure peace and quiet for people who choose to stay w~.th us. 7['hank yc~u for yrur consideration. S. Sue Wright c.c. A11. Planning Gommis~slon Members ' ~ ~ F t~_ SN TIiL' SiSPRRIOR CQItRT FOR THE STATE 0~' ALASKA AT . N f ~ ,('~ _ Trust Noy ._. , REGISTRATION OF TRUST Name of Truet:~~ E . Ct3Yr~E TRi1Gm n~+ ~nr,TT .. , .. _ Name of 2xustee:__ SH Addreg~ of Trustee: 1412 'Barb ~ .e brive en i A~ 9511 _~ 1. Trustee hereby ac~Cnoaledges his tretste~sship and submd.ts himself . to the uris- diction of the eourt in any•proceeding relating to the trust that ay be initiated by any interested person mile the trust remains registered, pro- , viding that notice is given ag pravided bq law. 2• x'he trust (t~~ '(hay not} been registered in saother jurisdiction. (If regis- tered elsewhere, state where: } Note: If a trust has been registered elsewhere, registration in this s,tste is -ineffective until either the earlier ;registration i,a rgleaaed by order of the court there prior xegistrat~,an occurred or an instrument executed by the trustee and alt benefic~.aries is filed with the registration fa this state. 3• The truer ia; .,(Check one and fill in the blanks.} A teetasnentary trust. Name of testator: Date and place of domiciliary probate: A critter: Sntsr vivos •trust. Name of settler: Waldo E. Co 1Q Natae of original trustea:~Sharal n Sue Wrighh Date of trust instrument:- Apr ..., 9 t g"~. ----~ An oral trust. Nerve of settler: Other-sources of funds, if any, ere: `°'~ Brief description of time and manner of crssti .n sf t e oral trust and the terms of the trust, includiing the sub,~ect matter, beneficiaries and ti..me of perfo~nce; Trustee s Signature pate Rsgisterec3 ir. the SuperipX Court on , 1g `Superior Cour= Clerk Registrar ~ gin:. /t:~ln~r. !_.. ..~ Q~y~/99/ nwwicom. o O m-o~y~o~a.~~,~J~.A~o ~~,?+[e OJ~ ~ A~ ~~~~ ~~ ~v ~~ ~~ ~~~~~ ~~ ~ ~~a ~ ~,~ BICENTENNIAL yi~a9e ~a~,stG't1y m~i"a ~utcv~e! CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Cary Graves, City Attorney. FROM: Jack La Shot, City Engineer ;~, DATE: June 28, 1991 SUBJECT: Bed & Breakfast I received a phone call from a citizen living near a proposed bed & breakfast on Barabara Drive. Her question refers to K.M.C. 14.20.321, "Bed & Breakfast Establishment". Specificly, she would like to know the definition of "owner operated" and whether the owner should live in the establishment. Please review this before July 5, in order that your opinion be included in the July 10, Planning & Zoning packet. JL/kv cc: Loretta Harvey, Planning Secretary a '/ BICENTENNIAL vi~a9e wit~a~ tCC~m~I a ~!(.~Ye ~ CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: JACK LA SHOT, CITY ENGINEER PLANNING AND ZONING DEPARTMENT FROM:~CARY R. GRAVES, CITY ATTORNEY LEGAL DEPARTMENT DATE: JUNE 28, 1991 RE: BED AND BREAKFAST ESTABLISHMENTS You requested an opinion whether the owner of a bed and breadkfast under K.M.C. 14.20.321 must reside at the premises. K.M.C. 14.20.321(b) states that bed and breakfast establishments "shall be owner-operated". The definition of bed and breakfast is contained in K.M.C. 14.20-.320(10). That section defines a bed and breakfast as "a residential owner occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than one meal served daily." (Emphasis added). The above cited provisions of the code make it very clear that the owner of a bed and breakfast must reside on the premises. If you have any other questions regarding this matter, please feel free to contact me. CRG:dc BUILDING INSPECTOR ~~" ~,' ~ ~ (///"" g~ .~~~_:.-fie.-~ ~.~-'' ~-. 9 PLANNING COMMISSION /~ * !\ E N ~ 9 ~ t t i . ~`]~~ . BICENTENNIAL yi~aye wrlJ~a ~ tG'~y mac a ~utu~e! CITY OF KENAI `~/ 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 NOTICE OF PIIBLIC HEARING Notice is hereby given that a petition for a Conditional use Permit for a Bed & Breakfast under KMC 14.20.280 has been submitted by Sharalyn S. Wright, 1412 Barabara Drive, within the i~ City of Kenai. ` A Public Hearing on this Conditional IIse Permit .Bed & Breakfast will be held by the Kenai Planning & Zoning Commission on Wednesday, July 10, 1991, commencing at 7:00 p.m. in the City Hall Council Chambers, Renai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Renai, Alaska, 99611 prior to July 10, 1991. 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 ~~. ~ * ~ 9, ~ ~EN,Q' yd . ,~ BICENTENNIAL 1/~~aye ~a~ t~l~/-lulu ~ll,~UiYB ~ July 1, 1991 Molly Bertling ;313 Cindy Circle Kenai, AK .99611. -CITY OF KENAI 210 Fidalgo Avenue .Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 RE: Conditional IIse Permit vs. Home Occupation Permit On June 12, 1991 the Planning and Zoning Commission granted you a Conditional Use Permit for your day care facility. Upon further review of the Kenai Municipal Code, I discovered that a Home Occupation Permit would have sufficed for your business, (because you have less then 10 children in your care). I understand from our telephone conversation today that you have already received a refund from the City for your $100 advertising fee. I have enclosed a copy of a Home Occupation Permit, which I have filled out from previous information in your file. There were two information items: Borough Tax No., and Business License No., which I did not have. Would you please fill in these items, sign the application and return to me in the enclosed-envelope. This Home Occupation Permit will be reviewed by the Commission on July 10, 1991. I am sorry for any inconvenience this has caused you. Thank you for your patience. Since ely, Loret H ey Administrative Assistant encls. ;i _ CITY OF KENAI BICENTENNIAL yi~ayewill~a~ast~l.~/ull~a ~[ct/ie~ 210 Fidalgo Avenue Kenai, Alaska 99611 T'ELII'HONE 283-7535 FAX 907-283-3014 STAFF REPORT TO: Planning & Zoning Commission FROM: Loretta Harvey, Administrative Assistant DATE: July 5, 1991 SUBJECT: Resolution PZ-91-23: Home Occupation Permit Background Applicant: Molly Jo Bertling/Wee Care by Molly 313 Cindy Circle Kenai, AK 99611 Legal Description: Existing Zoning: Proposed Zoning: Existing Land Use: Proposed Land Use: Lot 1 Block 3 Thompson Park-Add. 1 210 Primrose Suburban Residential (RS) N/A Private Residence/Day Care Center Private Residence/Day Care Center Staff Action See attached letter dated July 1. Discussion A Day Care Center is an allowable Home Occupation in an RS zone (see attached). "Wee Care by Molly" was granted a Conditional Use Permit on June 12th. Upon further review of the application and the KMC for a Home Occupation it was determined that Mrs. Bertling could have applied for a Home Occupation Permit because she cares for less then 10 children. ~ ~ ' - ! Ca' I N~~` ~------~" w /~/ n f 1 -/ AGENDA RENAI CITY COUNCIL - REGIILAR MEETING JULY 3, 1991 A. B. C. D. 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Bill Rluge/Carr-Gottstein Representative/Alan Norville - Old Carr's Mall. PUBLIC HEARINGS 1. Ordinance No. 1435-91 - Adding a New Chapter to the Municipal Code Providing for a Hotel/Motel Room Tax. 2. Resolution No. 91-43 - Awarding a Recording and Transcribing Minutes Secretarial Contract in the Amount of $17.45 Per Hour for a Period From July 1, 1991 to June 30, 1992 to Earlene Reed, d/b/a Earmark Secretarial Service. 3. Resolution No. 91-44 - Approving the Agreement Between the State of Alaska and the City of Kenai for Project No. 02-00347, Kenai River Mouth Viewing Area COMMISSION/COMMITTEE REPORTS 1. 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees -1- a E. MINIITES , 1. *Regular Meeting of June 19, 1991. F. CORRESPONDENCE G. OLD BIISINESS 1. Discussion/Approval - Petition to Vacate that Portion of a 33' Section Line Easement Within Lots 4-A, 5-A and 8, Baron Wood Subdivision, Section 4; and the 33' Section Line Easement Within Government Lot 2, Section 9; T5N, Ri1W, S.M./Sharalyn Sue Wright, Trustee for Waldo Coyle Trust and James M. Snead, Partner, Corporate Leasing and Investment Co. of Anchorage. H. NEW BIISINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. Ordinance No. 1444-91 - Increasing Estimated Revenues and Appropriations by $5,675.89 in the Council on Aging Borough Fund. 4. Approval - Assignment of Lease, Lot 1, Deshka Subdivision/Sid Morris to Louis B. Schilling and Therese C. Schilling. 5. Discussion - Kenai Municipal Park Plans. 6. *Approval - Games of Chance and Contests of Skill Permit Application/Alaska Fish & Wildlife Federation & Outdoor Council. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager -2- a J. DISCUSSION 1. Citizens (five minutes) 2. Council R. ADJOURNMENT -3- flD ~l~L ~ ; ~~ KENAI PENINSULA BOROUGH MEETING OF THE PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING - SOLDOTNA, AK 99669 ~~ ~ . 7:30 P.M. JULY 1, 1991 TENTATIVE AGENDA AGENDA ITEM A. CALL TO ORDER AGENDA ITEM B. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA Consent Aqenda 1. Time Extensions a) Loralyn S/D 1990 S/D of Tract 1 & Replat of Tract 3A KPB File 90-038 Location: Tawney Street South of Cohoe Loop West of Sterling Highway RECOMMENDATION: Grant extension until July 1, 1992 b) 3-D Subdivision KPB File 90-031 Location: Banta Street & Lee Avenue; east of North Kenai Road RECOMMENDATION: Grant extension until July 1, 1992 1.1 Plat Amendment Requests a) Bluff Haven Estates Plat 76-94 HRD Location: Approximately one mile south of Diamond Ridge Road intersection with Sterling Highway RECOMMENDATION: Grant approval for surveyor to check out original mylar to make corrections 1.2 Building Setback Exception (Tabled from 6/17/91) a) Janeview Estates Lot 4 Applicant has verbally advised the Planning Department that after further consideration, he has decided to withdraw his request. No further action is required by the Planning Commission; file is being closed. 2. Plats Granted AdminisVative Approval a) Duncan Subdivision Addition No. 2 KPB File 90-110 b) Sourdough George Subdivision KPB File 90-080 3. Coastal Management Program Consistency Reviews a) Cooper Landing; Annual Placer Mining; Warhus DNR #A915631 b) Ninilchik; Dock Modification; Cook Inlet 207 Seward Fisheries, Inc.; SID #AK910610-41A c) Kachemak Bay; Peterson Bay 6; Floating Dock; Hughes; SID #AK910612-43A d) Homer; Oil Discharge Prevention and Contingency Plan; Terminal Oil Sales, Inc. DEC #9120-CP-3012 e) Notice of State of Alaska Proposed Sale -ADL 39204; Applicant: David L. Vincent; Location Lot 7, Block 1, Kasilof Alaska Subdivision 4. Informational Items a) Air Quality Control Permit to Operate Application - Soil/Tec (tm) Mobile Soil Remediation Unit ADEC File No. 9123-AA007 Conclusive Consistency Finding Project Consistent b) Conclusive Consistency Determination ARCO Alaska, Inc., Bufflehead Expansion AK910412-15A c) Conclusive Consistency Determination Kachemak Bay 147 AK 910416-19A d) Proposed Consistency Finding Cooper Landing Gravel Removal AK 910522-23A e) Setnet Cabin -Redoubt Bay Conclusive Consistency Determination AK 910419-33A f) Placer Mining A915076 Conclusive Consistency Determination AK 910529-28A g) UNOCAL Oii Discharge Prevention and Contingency Plan for Cook Inlet Conclusive Consistency Determination ADEC Pian No. 9120-CP-4015 h) Port Graham/Windy Bay/Timber Harvest/Chugach Forest Products SC #90-08 i) Department of Natural Resources Division of Forestry Kenai Pacific Lumber Co. Notification of Operation~mber Harvest Seward Area j) Cooper Landing/Right-of-way/Public Easement Alaska Hotel Properties; ADL 225578 k) Nikiski/Cook Inlet 37/Commercial Dock Modification; Offshore Systems Inc. SID #AK910624-47A AGENDA ITEM C. COMMISSIONERS EXCUSED ABSENCES AGENDA ITEM D. APPROVAL OF MINUTES AGENDA ITEM E. PUBLIC PRESENTATIONS WITH PRIOR NOTICE AGENDA ITEM F. PUBLIC HEARINGS 1. Chapter 21.12 Noxious Injurious or Hazardous Uses; Tern Lake Vegetative Management Plan project of the USDA Forest Service which includes spraying approximately 125 spruce trees with insecticide Carbaryl. AGENDA ITEM G . SPECIAL CONSIDERATIONS AGENDA ITEM H. CONSIDERATION OF PLATS Cooper Landing 1. Alaska State Land Survey 91-6 Preliminary KPB Fls 91-061- Integrity Surveys Kenai City 2. White Country Estates Preliminary KPB File 91-63 Integrity Surveys _ Seward City 3. Seward Townsite Seward Hotel Replat Preliminary KPB File 91-064 Integrity Surveys Kdney Lake 4. Hershberger S/D West Shore Addn Preliminary KPB File 91-062 HenningJohnson E of Island Lake 5. Centennial Shores No. 2 Preliminary KPB File 91-065 Swan Surveying E of Soldotna 6. Shirley Heights Preliminary KPB File 91-066 Swan Surveying AGENDA ITEM 1. ASSEMBLY RESOLUTION 91-XX; CLASSIFY LANDS FOR FUTURE MIDDLE SCHOOL. APPLICANT: KENAI PENI NSULA BOROUGH SCHOOL DISTRICT; LOCATED: EASTERLY OF NIKISHKA BEACH ROAD, NORTHERLY OF EDUCATION DRIVE AND WESTERLY OF NIKISKI HIGH SCHOOL AGENDA ITEM J. ASSEMBLY RESOLUTION 91-XX; CLASSIFY LANDS FOR NATURE TRAILS AND EDUCATIONAL PURPOSES. APPLICANT: KENAI PENINSULA BOROUGH SCHOOL DISTRICT; LOCATED: FROM THE NIKISKI HIGH SCHOOL PROPERTY TO THE BEACH AGENDA ITEM K. DEVELOPMENTOFANORDINANCERELATEDTOPROVIDINGTAX EXEMPT STATUS FOR LANDS UNSUITABLE FOR ANY DEVELOPMENT DUE TO WETLANDS AGENDA ITEM L. COASTAL MANAGEMENT PROGRAM CONSISTENCY REVIEWS AGENDA ITEM M. PUBLIC PRESENTATIONS WITHOUT PRIOR NOTICE AGENDA ITEM N. DIRECTORS COMMENTS AGENDA ITEM O. COMMISSIONER COMMENTS AGENDA ITEM P. ADJOURNMENT ~ '_ i _3 THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF ) JOHN BANNOCK DBA NU-STATE NURSERY ) __ _ ) MEMORANDUM DECISION Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3¢41 FAX 283-3014 I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY John Bannock, owner of Nu-State Nursery, applied for a variance permit to the Kenai Planning and Zoning Commission, pursuant to KMC 14.20.180. The property for which he seeks a variance is located at 202 N. Forest Drive. The property is located in a Suburban Residential (SR) Zone. The requested variance sought relief from the setback requirement of KMC 18.20.090 and the Development Requirement Table on page 14-71 of the municipal code. The setback requirement for a building in an SR z-one is twenty-five feet. The variance request is to encroach twelve (12) feet into the setback area. At the same time that the request for a zoning variance was made, Nu-State Nursery also filed a request for an encroachment permit for the same property under KMC 14.20.185. The encroachment permit request was to allow an encroachment of twelve feet. The proposal was for the front of the existing 1 - BANNOCK/NU-STATE NURSERY DECISION structure to be parallel to the front of the proposed building. See attached map marked Exhibit "A". At the Planning and Zoning meeting of May 8, 1991, the commission rejected the request for a variance. The Planning and Zoning Commission unanimously approved, with one abstention, the encroachment permit for the existing building. The vote on the variance request was three to three, with one abstention. It failed due to lack of a majority. Nu-State Nursery appealed pursuant to KMC 14.20.190. The appeal was heard by the Kenai City Council acting as the Board of Adjustment on June 5, Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3441 FAX 283-3014 1991. II. DISCUSSION AND FINDINGS Two witnesses testified during the hearing. They were John Bannock and Lt. Patton of the Salvation Army. Notices were sent to adjacent property owners. The Clerk did not receive any written responses to the notices. Mr. Bannock testified that the main reason for the variance request is to consolidate his nursery business. The proposed building location would allow for delivery trucks to gain access to the rear area. He testified that if the building were turned sideways in a manner not requiring a variance, access for delivery trucks would be more difficult. Lt. Patton of the Salvation Army testified that the Salvation Army owns two lots on the corner of Second and Fourth Streets nearby Nu-State Nursery. He stated that the Salvation Army had no objection to granting the variance. 2 - BANNOCK/NU-STATE NURSERY DECISION KMC 14.20.185 allows for variances from the development Cary R. Graves City Attorney CITY OF KENAI 210 Fidalgo Kenai, Alaska 99611 283-3441 FAX 283-3014 requirements of the code. The intent behind allowing variances is to allow deviation from the development in those special circumstances where literal compliance with the code would not allow the property owner the reasonable use of his property. III. DECISION This Board has generally looked upon requests for variances with disfavor. However, in this particular instance the Board feels that the application of Nu-State Nursery meets the review criteria set forth under KMC 14.20.180(c), and we so find. We further find that the literal enforcement of the code would deny Nu-State Nursery of the reasonable use of its property. Accordingly, the Board has decided to grant the variance requested by Nu-State Nursery. O I agree with the Board's decision ~h~~----"" I disagre~wi.Boa~d's decision ams, Mayor Comments: ~~/ 9/~' Date I agree with the Board's decision I sagree with.the Boa 's decision Ray and Measle Vice Mayor Comments: Date ~/ ~~~~ 3 - BANNOCK/NU-STATE NURSERY DECISION ~. ., • Cary R. Graves City Attorney CITY OF KENAI 270 Fidalgo Kenai, Alaska 99611 I agree with the Board's decision I disagree with the Board's decision ~ ~- ~- ~~ C~iristine Monfor, Cou cilmember Date Comments: I agree with the Board's decision ~~~ disagree with the Board's decision ~-~~`~,/ Art McComsey, Counci tuber Date Comments: I agree with the Board's decision !~ I disagree with the Board's decision Hal Smalley, uncilmember Date Comments: I agree with the Board's decision ~S2/" I disagree with the Board's decision Kevin Walker, Councilmember Date Comments I agree with the Board's decision I disagree wit e Board's decision ~ / in a Swarn~r, Councilmember Da e n Comments: 4 - BANNOCK/NU-STATE NURSERY DECISION 283-3441 FAX 283.3074 Councilman v i - f~a-°~- ~l4~ /,~,~~ 7 TO DO LIST: ~~ : ~~ /~ ~~ c CITY OF KENAI RE50LUTION NO. PZ 91- 2 0 ' KPB File No. ~, A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF '~ KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT ' TO THE FOLLOWING CONDITIONS: ~' WHEREAS, the attached plat White Country Estates was referred to the City of Kenai Advisory Planning & Zoning Commission by _ _KPB and received on June 13 , 1991 , and WHEREAS, the City of Kenai Advisory Planning ~ Zoning Commission finds: 1. Plat area is zoned Suburban Residential (RS) end therefore subject to said zone conditions, 2. Water & sewer: Available to Lots 1-5 3. Plat (dace) does not subdivide property within a publi improvement district subjec o special assessments. There (~) is not a delinquency amount owed to the City of Kenai for the referenced property, - 4. Installation Agreement or construction of improvements is (rte) required prior to plat filing. r 5. Status of surrounding land is () artially shown 6. Utility easements, if required, are not shown 7. Any existing structures ,~wst be shown on plat, 8. Street names designated on the plat are (mot) correct. 9 . INCL UDE ANY STATEMENTS ON ATTACHED STAFF COMA/ENT SHEET NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI ADVISORY PLANNING & ZONING COMMISSION that does recommend to the Kenai Peninsula Borough Planning Commission approval subject to correction of any negative findings as stated above or on attached Staff Comment Sheet. PASSED BY THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 26th day of ,Tune 19 91 . ATTEST: Plan n tary W ~~ CHAIRh1AN ~c`- 1aa ~~S .s~~o£c . 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J+a ,. ~ y nK ~~~" 4. ,.,aa,~~ 4 .:4 ~ aYi~ae. 1f ;'V'im -1.~) f '~h,~ ~; r•e r r ~ t~i.~ 1 ~ r "i~~ r i,. ~ c~ ~ KY St ~. tk ~ io jk ~ Y ~'(SS,'T~, a.d - r __ a ` ~ tia s~~~„ r <. ~ ~ ~k' OZ.'0~~ . ~,_ s~~ ~ ,,;,18'OZ~t ,1' •• - ~:: • . ' , ~'~. .. ! .i '`V v;• ?.y a ~ . ( a', Y ~_ . +' ' slat .' y PPP , ., ^t.t~M ~1F'i?L ~ a. ~.. A,~9 ~ * l99 ` ~ -9 ry a s ~ ~~~• BICENTENNIAL 1/~aye ~ait/~a ~ tG'dy mQ~"a ~ut~re ~ CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 KENAI PLANNING & ZONING COMMISSION July 24, 1991 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - July 10, 1991 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution - 91-24: Conditional Use Permit - Bed & Breakfast William & Sandra Altland 6. OLD BUSINESS 7. NEW BUSINESS 8. PLANNING Home Occupation Permit - Debbie Roberts, Disc o ve ry Toys n ,, ~ P R 9. E S ~ (r a. City Council b. Borough Planning c. City Administration 10. PERSONS PRESENT NOT SCHEDULED Q.• ~ 1 11. INFORMATION ITEMS a. City Council Agenda - July 17, 1991 12. COMMISSION COMMENTS & QUESTIONS 13. ADJOURNMENT ~~ RENAI PLANNING & ZONING COMMISSION July 10, 1991 City Hall Council Chambers Phil Bryson, Chairman 1. ROLL CALL Present: Phil Bryson, Duane Bannock, Carl Glick, Art Graveley Administration: Jack La Shot Planning staff: Loretta Harvey 2. APPROVAL OF AGENDA MOTION AND VOTE: Commissioner Glick moved for approval. Commissioner Graveley seconded. Passed by Unanimous Consent 3. APPROVAL OF MINUTES - June 23, 1991 MOTION AND VOTE: Commissioner Glick moved for approval of the minutes seconded by Commissioner Bannock. Passed by Unanimous Consent. 5. PLANNING a. Conditional Use Permit for Bed and Breakfast - Coyle's Landing Jack La Shot, City Engineer explained that the structure was presently being used as a duplex and the applicant was seeking to turn the building into a Bed & Breakfast (B&B). There was a problem with the KMC for B&B, which states that a B&B be "Owner occupied", also the floor area which would be used for the B&B was not specified in the application. Tom Wright, husband of applicant, apologized for his wife, who had a family emergency and couldn't attend the meeting. He presented a letter to the Commission in which Ms. Wright stated the reasons she wished to turn the duplex into a B&B. The previous tenants had done extensive damage and the applicant thought a B&B would be a better use for the property. Chairman Bryson opened the meeting to a Public Hearing. He mentioned that two letters had been received and distributed to the Commission (see attachments): 1. Chester and Mavis Cone, they were not opposed to a B&B, but were opposed to the launching of boats from the site. KENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 2 2. Loretta Breedan, also had no objections to a B&B, but sited that by code it must be owner occupied. She was also concerned about the possibility of a guiding business operating from this site. Henry Knackstedt P.O. 4003, Kenai, stated that he was not opposed to the concept of a Bed and Breakfast at this site, but was concerned that other activities would be started, such as, a guiding operation or other fishing activities which would utilize the landing, increase river traffic, and erode the river bank. He said he had received a pubic hearing notice but hadn't received all of the information that the Commission had received. He asked if the Kenai river would be included in the traffic pattern for the B&B? He said he understood that not all the' neighbors had been properly notified by the City. He hoped the Commission could make sure that only a B&B as stated in the application, would be operated from this site. Chairman Bryson said he doubted that anything beyond what was stated on the application would be allowed. Any other plans for activities would have to come back before the Commission. Knackstedt voiced concern that other activities would not be submitted to the Commission. He asked that a stipulation be added to the permit, if approved, stating that no other development besides the B&B be allowed from this site. Joan Hett, 1507 Barabara, said she had no objection to the B&B. She said she did not receive a public hearing notice, but heard about the hearing through a neighbor. She was concerned that someone live on the property to oversee the B&B operation, and was also concerned about increased river use in that area. Hett thought that the existing well and septic tank would need DEC approval. Pam Burnett, P.O. Box 1131, expressed concerns that the site-may be used for a guiding business in the future, the road is not scheduled to be upgraded and there is already heavy usage. Chairman Bryson asked if there were further public comments, hearing none, he brought the issue back to the Commission. MOTION: Commissioner Bannock moved for approval of Resolution 91-22 Commissioner Glick seconded. Commissioner Bannock noted the City Attorney's comments regarding the Conditional Use Permit, and wondered if there was another permit which would allow Ms. Wright to operate her business from RENAI PLANNING & ZONING COMMISSION July 10, 1991 Paqe 3 this site, such as a lodge, motel, etc. Bannock asked Tom Wright why he felt that neighbors were concerned about a guide business operating from the site? Wright responded that they were not planning on running a guiding business out of this location. Commissioner Graveley asked if Wright had approached the DEC in regards to any B&B requirements they may have, and also what kind of impact this development would have on the present road conditions? Wright responded they had already gotten all the proper permits from DEC for their duplex. Wright said that Barabara drive was not set up for a high use, it is just gravel. There is traffic along the road but the B&B should not add to the problem. Commissioner Graveley said he had a problem with the Code not being met in regards to the "owner occupied" and also "only 30% of floor space being utilized". Chairman Bryson noted there could not be any further bank erosion allowed in this area. Commissioner Glick said that strictly dealing with the B&B portion of the Code, he could not approve application because it did not fit all criteria for a B&B. Chairman Bryson said that the code does not specifically address trustee in regards to B&B requirements. Commissioner Bannock said he had no problems with trustee vs. ownership but the other issue is if a B&B needs to be "owner. occupied". He said he had no objection to the idea for this development but wanted to find another name for it (lodge, motel/hotel, etc.), so it would be allowed. Chairman Bryson reminded Bannock that under a public hearing situation there must be notification of interested parties prior to changes to the application. Commissioner Bannock asked if the Commission had received any additional correspondence in response to the public hearing notices? Chairman Bryson responded, "No" (just letters already distributed). Commissioner Bannock said that none of the respondents stated they had a problem with the B&B. Bannock said he felt that RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 4 these people would not have a problem to change the title of the development. Knackstedt said he would not have a problem with a B&B, but did have a problem with a hotel/motel. Knackstedt asked that the Commission not assume they could call the B&B something else and everyone would agree with that. Chairman Bryson said that no matter what it was called it would still be subject to conditions of the code. Commissioner Bannock thought the application showed that Sue Wright wanted to put a caretaker in the duplex and rent it out on a daily basis not unlike a B&B. He asked Knackstedt if he had a problem with that type of operation? Knackstedt said he felt a hotel was a hotel and a B&B was a B&B, they were separate entities, and that tonight the issue is a B&B. Lily Knackstedt, 4003 Barabara, stated that the application was for a B&B and the operation as described on the permit would not fit the criteria under the KMC. If the Commission was going to change the name of the proposed development the neighbors would need time to rethink the situation. Wright said that apparently their application did not fit the KMC and offered to move into the duplex to fulfill the "owner occupied" criteria until a different solution could be found. Commissioner Graveley asked if the applicant was willing to move into half of the duplex and rent the other half as a B&B? Wright, "yes". Commissioner Graveley said that would still not meet the Code criteria of 30% of floor space used for B&B. Victor Hett, 1507 Barabara Drive, said he was happy to live in a nice quiet neighborhood and felt as long as the neighborhood stayed quiet, he had no objection to the B&B. VOTE: Bannock: Yes Glick: No Graveley: No Bryson: Yes Motion fails for lack of majority vote. Chairman Bryson informed the applicant that he could file an appeal of the Commission's decision through the City Council. 6. NEN BUSINESS RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 5 a. Home Occupation Permit - Molly Bertling Chairman Bryson noted the memo in the packet which explained that Bertling had applied for a Conditional Use Permit, which was granted by the Commission. Upon further review of the KMC, it was determined Ms. Bertling could have applied for a Home Occupation Permit. The filing fee had been returned to Bertling and the Commission was being asked to approve the Home Occupation Permit. MOTION AND VOTE: Commissioner Graveley moved for approval of a Home occupation Permit for Molly's Wee Care at 313 Cindy Circle. Commissioner Glick seconded. Passed unanimously. 7. OLD BUSINESS a. Comprehensive Plan Work Session Schedule City Council set a special work session on Thursday August 8th, 7:00 p.m. in the Library Conference Room. The Commission agreed to this work session. 8. REPORTS a. City Council Hal Smalley is on vacation. b. Borough Planning Chairman Bryson reported on agenda items. c. City Administration La Shot reported that Steven Peloza was considering building a retaining wall/fence and a horse stable in the Townsite Historical Zone, due to the code, this permit should come before the Commission in the near future. 9. PERSONS PRESENT NOT SCHEDULED a. Becky Tromblee, 510 Mission Ave., asked the Planning and Zoning Commission to please put a hold on all further development in the Townsite Historic Zone until appropriate changes can be made in the KMC to protect the area. Tromblee stressed that she was strongly opposed to horse rides, salmon bakes and other tourist attractions in her back yard. She felt that there needs RENAI PLANNING & ZONING COMMISSION July 10, 1991 Page 6 to be a better plan for Old Towne that including clearly written guidelines for any further development. 10. INFORMATION ITEMS a. City Council Agenda b. KPB Planning Commission Agenda c. Board of Adjustment Decision - Nu-State Nursey 11. COMMISSION COMMENTS & QUESTIONS 12. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, Loretta arve~ Transcribing Secretary 4 BICENTENNIAL Yi~a9e caill~a ~ t= G'c~y rvd~a ~uttire ~ ~• CITY OF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 STAFF REPORT TO: Planning & Zoning Commission FROM: Loretta Harvey, Planning Secretary DATE: July 19, 1991 SUBJECT: Proposed Development in TSH Zone Background Applicant: Steven J. Peloza 514 Overland Ave. #15 Kenai, AK 99611 Legal Description: Lot 39A Dolchok Subdivision Existing Zoning: Townsite Historical (TSH) Proposed Zoning: N/A Existing Land Use: Gift Shop/Art Gallery Proposed Land Use: Gift Shop/Art Gallery Discussion Mr. Peloza wishes to build a retaining wall on the property where he is currently operating a Gift Shop/Art Gallery. KMC 14.20.105 states: "The goal of the TSH zone is to manage all new development and reconstruction by requiring all applications for a building permit to submit an application to the appropriate body for approval prior to the issuance of the permit." Does the Planning and Zoning Commission find this application an appropriate use in the TSH zone?