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Home My WebLink About1993-02-10 P&Z PacketRENAI PLANNING & ZONING COMMISSION February 10, 1993 - 7:00 P.M. City Hall Council Chambers Chairperson Kathy Scott AGENDA 1. ROLL CALL Swearing in of new Commissioner Lori McComsey 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - January 27, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PIIBLIC HEARINGS 6. PLANNING a. Resolution PZ 93-3: Encroachment Ehrhardt b. Resolution PZ 93-5: Hayes S/D c. Resolution PZ 93-6: Home Occupation - Hibbert 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Ouandt Property b. University of Alaska Property (off Beaver Loop) 10. REPORTS a. City Council b. Borough Planning c. Townsite Historic Task Force d. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13._ COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT PLEASE CONTACT LORETTA AT 283-7933 IF YOU ARE UNABLE TO ATTEND . ~. RENAI PLANNING & ZONING COMMISSION January 27, 1993 - 7:00 P.M. City Hall Council Chambers Chairperson Kathy Scott ***MINUTES*** 1. ROLL CALL Commissioners Present: Absent: Also present: 2. APPROVAL OF AGENDA 0 Kathy Scott, Duane Bannock, Phil Bryson Carl Glick, Ron Goecke, Paul Hanson Lori McComsey Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant Additions to the agenda: 6 a. Planning - Home Occupation Permit -Mike Eady, Great Lan Computers 7 a. Substitute Resolution - Townsite Historic Task Force Review 7 b. Kenaitze Indian Tribe - Twelve Month Planning Project 12. Information - Board of Adjustment - Carr's Sign Variance MOTION AND VOTE: Bryson MOVED approval of the Aqenda as amended and asked for unanimous consent. Goecke SECONDED. Aqenda APPROVED by UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - January 13, 1993 MOTION AND VOTE: Hanson MOVED approval of the minutes as presented. Glick SECONDED. PASSED by UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD None. 5. PUBLIC HEARINGS None. 6. PLANNING a. Resolution PZ 93-2: Redoubt Terrace S/D Add. #5 MOTION: Bryson MOVED approval of Resolution PZ 93-2: Redoubt Terrace Add. #5. Goecke SECONDED. La Shot explained that the new property boundaries would eliminate an existing encroachment. The home was originally one story, but the owner added another story which put the house into the 15-foot setback required in the Suburban Residential (RS) zone. ' KENAI PLANNING AND ZONING COMMISSION Minutes-- January 27, 1993 Page ~ ~ ~~ ~'` ROI,~ ,~ALL~ VOTE: Bannock: Yes, Bryson: Yes, Glick: Yes, Goecke: Yes, Hanson: Yes, Scott: Yes PASSED BY UNANIMOUS VOTE. b. Resolution PZ 93-4: Home Occupation Permit - Eady La Shot reported that the activity seemed to meet all the criteria for a Home Occupation Permit. Not more than one person employed and not more than 30% of total square footage of all buildings. Mike Eady explained to the Commission that in recent years his business needs have changed from partial retail sales to mostly service. He would like to operate out of this small building on his property to save money. He will be servicing computers only from this location and mostly working out of his van. Bannock asked if the building will be similar to the existing home. Eady said he will use the same siding, T-1-11 and also the same paint color. MOTION• Bannock MOVED approval of PZ Resolution 93-4. Goecke SECONDED. Hanson .said he would be ABSTAINING due to a financial relationship his business had with Mr. Eady. ***DISCUSSION*** Bryson asked if the building since it's separate from the house would be a problem in regard to the Home Occupation criteria. La Shot related back to the Code which states: " The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory too." La Shot said he would take that to mean the applicant could have a home occupation in an accessory building. Bryson said he felt that the second sentence in that section might run counter to the proposed plans. "Any building used for a home occupation shall be wholly enclosed." I guess the question is whether this can be interpreted to mean enclosed in the principal structure. La Shot pointed out that (2) stated: " No more than thirty (30%) percent of the gross floor area of all buildings on the lot shall be used for the home occupation." Goecke said he felt the intent of the ordinance was that this could mean the building must be wholly enclosed, not three sided, etc. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 3 Bryson said he felt that the home occupation should be "wholly enclosed" within the principal building on the lot. The principal building would be the home. ROLL CALL VOTE: Bannock: Yes, Bryson: No, Glick: Yes, Goecke: Yes, Hanson: Abstain, Scott: Yes PASSED BY MAJORITY VOTE. ONE ABSTENTION. 7. NEW BUSINESS a. Townsite Historic Task Force Review The Commissioners went through the Draft Ordinance: Historic Board: Bryson said he would be opposed to this Board to regulate that area. There is also no requirement for City residency. It would not be appropriate for non-residents to set City policies for such a sensitive area. Goecke explained that this would be a Board. City guidelines do not require that a Board member be a City resident. As I remember if there is someone wanting to develop in the TSH zone they have to submit''` a document to this body, P&Z than would turn this to the TSH Board for their recommendations, than it would come back to the P&Z. This would create an additional step in approval of all development in TSH. Bannock said he felt that section B. and C. were not appropriate since it had never been clearly decided whether or not a Board was vital for sites to be considered as historic. Smalley said he felt that Ms. Bittner had stated that there be a Board or Panel/Commission that works in that capacity. The language did not state you had to have a specific body to deal with the historic area. Scott asked the Commission if they had reached a consensus as to whether or not the Board should be made up of residents. Bryson said he had trouble with non-residents making policies for the City of Kenai. He also noted that one of the main commercial activities in the TSH zone were apartments and under the new ordinance multi-family was not allowed. Hanson felt that the intent of the Task Force was that this body would have no power but be advisory only. Bannock said he would probably like the Board better if members were City residents. All meetings are open to the public so anyone can come and testify regarding historic sites. If b and c need to be in the ordinance than they should include resident criteria. ' ~ KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 4 Glick said he realized this would be a specialized group. This area is a special area that merits this kind of consideration. Normally he would be against more regulartory hoops, but this area requires special treatment. Scott asked if there would be an objection to sending forth a recommendation on this section? Limiting the Board to advisory only, limiting members to residents only. Bryson said he felt there may be a need to obtain specialized help outside of the City limits. Scott asked if Bryson would like to recommend a minimum number of members who would be city residents. Bryson said he felt five would be appropriate, or an equal ratio. At least the majority of members should be residents. Bannock asked if the section could be rewritten to include "to the extent available within the city." Hanson said he felt that in the extent that this is intended to be a "advisory board" he would like to see the best qualified people be on it. Whether they reside in the city is not important. Scott thought that perhaps the Commission should recommend a majority, plus one. Scott asked for other comments regarding this proposed board. She noted that the ordinance suggested the board meet a minimum of twice a year or as needed. Hanson reported that the Task Force had designed it so the board would not have to meet during the long, cold, winter months, when building activity is down. Scott noted that the ordinance numbering was confusing. Harvey said she would check the numbering and try to clarify it. Development Criteria: Bryson was concerned over the second sentence on page three regarding reconstruction. He felt it was reaching way beyond land use issues. Scott expressed concern over the legality of some parts of the ordinance. Have any of these been legally tested? Hanson said it has been tested and it was decided that if the historical interest in a community is great enough, if it's not arbitrary, than the ordinance can deny some uses in that area. Bryson referred to page 4 item (c) wondered why all multi-family structures including duplexes are prohibited from being constructed. Yet, if there is an existing building it would be allowed to rebuild. This seems to be counter to the existing KMC. KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 5 Bannock had a problem with (a) Metal Buildings. He recalled Mr. Tormdle's attempt to put up such a building but he was denied. He also expressed concerns regarding (d) trailers, (already not allowed under KMC 24.22.40); (j) commercial horseback riding, (this is going overboard on what an ordinance should address.) Bryson comment on (1) just for sake of scale, Bailey building is 5,000 feet, so anything larger than that would be prohibited. The only viable business in Old Town are apartment rentals. The prohibition of apartments would create quite an impact on that area. Glick said he felt apartment buildings should be allowed as long as they conformed to the historic nature of the district. Scott summarized for .the Commission: Problem with sections (c), (j) and (1). These sections need clarification and work. The primary concern is the rebuilding of prohibited non-conforming use structures under 4. Proposed Boundaries La Shot said that the Commission should decide what the area outside the proposed TSH zone should be zoned? Bannock mentioned that Bookey had requested that his RV park be included in one zoning designation. Glick said this item should probably be addressed separate from this zone change. Bryson noted that the Russian Cemetery was included in the proposed zone but cemeteries were not included in the Land Use Table. Goecke said the Task Force felt the cemetery had "grandfather rights" but no new cemeteries will be allowed. Bryson felt cemeteries should be allowed as a Conditional Use, rather then non-conforming. Bryson also thought that parking should be allowed on private lots, this is listed as a prohibited use under the new ordinance. b. Kenaitze Indian Tribe Twelve Month Planning Project La Shot reported that he had spoken to Robert Blankenship regarding this project. Blankenship was seeking support from the City for this project. La Shot had told Blankenship that no staff support could be offered, but the Planning and Zoning Commission might be willing to review the project as it progressed. Blankenship also asked if the City would draft a letter of support for this project. Scott said she could see the value of such a project from an economic development/tourism aspect. She hoped the Commission would be willing to provide assistance by reviewing the plan. She thought the letter was needed to support a grant proposal bid. ' KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 6 After further discussion the Commission took no action on this item. 8. OLD BUSINESS a. Plans and Goals for 1993 The Commission decided to adopt one goal for 1993, which is: Review of zoning and possible rezoning which would be consistent and enhance the city of Kenai along the Spur Highway. Also, the City of Kenai should encourage DOT to develop trail systems concurrent with the Spur improvement program, and encourage access at collector points. b. Resolution~PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. AAA Taxi The owner has applied for a Home Occupation Permit which will be presented at the next meeting. b. Quandt Property c. University of Alaska Property (off Beaver Loop) 10. REPORTS a. City Council Smalley reported on agenda items including: Laura Measles - Chamber request to print City brochures. Council allocated $2,140 for this purpose. A work session will be held on February 10th to discuss City Manager hiring procedure. The Council passed an Ordinance relinquishing Landscape Review Board responsibilities to the Planning and Zoning. Commission. b. Borough Planning Bryson reported that he had missed the previous meeting but noted items of interest to the City on the agenda. c. Townsite Historic Task Force - None d. City Administration - None 11. PERSONS PRESENT NOT SCHEDULED • KENAI PLANNING AND ZONING COMMISSION Minutes - January 27, 1993 Page 7 i 12. INFORMATION ITEMS a. Homer News - Proposed changes in Homer sign law b. Carr's Sign Variance - Board of Adjustment Minutes 13. COMMISSION COMMENTS & QUESTIONS Bannock said he would not be able to attend the next meeting. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 9:55. Respectfully submitted, Loret a Harvey Transcribing Secretary ~6 STAFF REPORT TO: Planning & Zoning Commission PREPARED BY: JL/LH DATE: February 5, 1993 PZ RES.: 93-3 GENERAL INFORMATION APPLICANT: Kathleen Ehrhardt 1521 Toyon Way Kenai, AK 99611 REQIIESTED ACTION: Encroachment LEGAL DESCRIPTION: Lot 11, Block 6, Redoubt Terrace S/D EXISTING ZONING: Suburban Residential (RS) CIIRRENT LAND IISE: Medium Density Residential STAFF ACTION: Sent 18 Public Hearing Notices 1/29/92 Published in Clarion two times. No response as of packet deadline. ANALYSIS There were actually two encroachments on this piece of property. One was eliminated by the replat Redoubt Terrace No. 5, which the Commission approved 1/27/92. The encroachment referenced above existed when the applicant bought the house. The encroachment is 5.4 feet on the east side of the building. RECOMMENDATIONS Recommend approval as this will bring the house into conformance with the KMC. ATTACHMENTS 1. Resolution PZ 93-3 2. Application for Encroachment Permit 3. Public Hearing Notice `~' ""~ CITY OF KENAI PLANNING & ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ 93-3 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR NAME: Kathleen Ehrhardt LOCATED: 1521 Toyon Way Kenai, Alaska Lot 11, Block 6, Redoubt Terrace No. 5 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on 2. This request is on land zoned Suburban Residential (RS) 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists (2) The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on February 10, 1993. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant (has) (has not) demonstrated that the proposed development meets the criteria for said permit and therefore the Commission (does) (does not) authorize the permit to be issued. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska this 10th day of _February 1993. ATTEST: Planning Secretary c:\wp51\PZ\encroach CHAIRPERSON ~pa B[CE,\iTENNIAL yc~ewrl~a~ t= ~~-ru~L a ~u~e ~ DATE : f a,~, CITY QF KENAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 APPLICATION FOR ENCROACHMENT PERMIT NAME : ~~~ -e, ~ ~ r` PHON - E. 2-~ 3 ~S ~o MAILING ADDRESS: 2.~ o O LEGAL (Description of property involved): ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS-1 RS-2 RU CC CG IL IH R j 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 : ~M S ~ittiG'U''d AC.~.ywGtiv"~ ,,,t~('~~,,i p ~ p~- .{.p ~ R ~ ~-~ W ~ ~ IMKy~ W F,o J~c~~oy..•~ b P.u Y~'tti.,~' oWM+t./s . ~. ~ i ~ a ~. Q.4+ G W A.C,~ a ~~ ~'~' ~- •v. ~ t~.s #' s~ J d F to v - ~ d ~ ~~ , Signature of Applicant: ~,~ ~~ ~ ~ y , L 0 _ TOYON WAY _ r~ _ Rc1700.00' L= 70.00' 10' Utility Easement - - - -- + L_i 25_ 9uilding Setbach_ . ~ I L r' I I I ~ 1 LOT 11 LOT 12 ~'. ` 1 4.0' B•0~ ~ LOT 10 r. 25.0' .D' y 4a 1O , ~2 . D' w c ° 3 o m ~ v N N p _ f 88.0 O N _. ~ 14.8'' o y I N I I y N NOTE~THIS LOT SERVED I 10 m BY CITY SEWER 8 WATER 1 ~ ~ Lt 87.13' Ra1876' .gr..,+' °:~.:~~~ OC.1 ~ '4~. .. V '- : ~~ .:~ 7u. w ~'; .w. . ~. B E A C H .. , hh • ' ` RECERTIFICATION DATE 3 Z3 8 7 i~, :. .r.~L.wn4~~a t.~9 IS61~1 c ' ` ~ ~ V ~.°o . J " ~ .• ROY WHITFORD ~ LS -6101 ?C,,gsl~;{p1.~~y? ~, LOT SURVEY CERTIFICATION , ~yyJ} LUi " BLOCK s TRACT REDOUBT TERRACE SUBD. ADDITION N0.5 - 81-134 _ K.R.D. RECORDING DISTRICT LEGEND Brass Cap Mon, p Rebar/Pipe (Found) (Found) O Rebar #5 x 30"(Set this survey) Owner: LINDA MUNSTERMANN ate: 1.IAY 83 raven: BR2 cale: 1'-30' '7.0.#1293 .B.# As-Built Certificate: I hereby certify that I have surveyed the following described property: LOT 11 BLOCK 8 REDOUBT TERRACE SUBD. ADDITION N0:6 and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the owner to determine the existence of any ease ments,covenants,or restrictions which do not appear on the recorded subdivi- sion p1at.Under no circumstances shoul any data hereon be used for constructi or for establishing boundary or fence lines. RICE-{VdIITrORD S AS~OCIA7'ES, 77,9C. Rcd Diamond Gcnc~r ~ P.O. l3os 1 l70 ~ Soldotna AGuka 99669 Eh'GNYEERS (907~26Z•9011 S("~~FYORS ~\ i i `\~~~__ 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 C~a"~ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAi, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283.3014 PUBLIC HEARING NOTICE Notice is hereby given that a petition for an Encroachment Permit under RMC 14.20.185 has been submitted by Kathleen Ehrhardt, 1521 Toyon Way, Lot 11, Block 6, Redoubt Terrace S/D No. 5 within the City of Kenai. A Public Hearing on this Encroachment Permit will be held by the Kenai Planning & Zoning Commission on Wednesday, February 10, 1993 commencing at 7:00 p.m. in the City Hall Council Chambers, Kenai, Alaska. Anyone wishing to present testimony concerning this matter should do so at this hearing or submit written comments to the City of 1°- Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska, 99611 prior to February 10, 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 ~t STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: February 4, 1993 Res: PZ93-5 GENERAL INFORMATION Applicant: Whitford Surveying 1902 Wyatt Way Kenai, Alaska 99611 Requested Action: Preliminary Plat - Hayes S/D Legal Description: Subdivision of Gov't Lot 53 excepting the So. 264' located. within the SW 1/4 NW 1/4 Section 34, T6N, R11W, SM Existing Zoning: Suburban Residential (RS) Current Land Use: Low Density Residential ANALYSIS Existing homes and available property make it difficult to design standard (50') wide street right-of-way. The surveyor has discussed this with the City Engineer. A 40' ROW would be acceptable in this situation. An installation agreement for construction of public utilities and streets will be required. RECOMMENDATIONS Recommend approval. ATTACHMENTS 1. Resolution PZ 93-5 2. Preliminary Plat ~6 - '~ CITY OF KENAI RESOLUTION NO. PZ g3-5 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS,the attached plat Hayes S/D was referred to the City of Kenai Planning and Zoning Commission by KPB Plannin Dept. and received on 1/29/93 and WHEREAS, the City of Kenai Planning & Zoning Commission finds: 1. Plat area is zoned Suburban Res. (RS) and therefore subject to said zone conditions, 2. Water & Sewer: To be installed by developer 3. Plat's does not subdivide property within a public improvement district subject to 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 required prior to plat filing. 5. Status of surrounding land is ~,) shown 6. Utility easements, if required, are (not) shown 7. Any existing structures must be shown on plat 8. Street. names designated on the plat are ) correct 9. INCLUDE ANY STATEMENTS ON ATTACHED STAFF COMMENT SHEET NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF KENAI PLANNING AND ZONING COMMISSION DOES RECOMMEND TO THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVAL SUBJECT TO 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 10th day of February 1993. ATTEST: CHAIRPERSON Planning Secretary RESOLUTION PZ 93-5 SUBDIVISION Hayes ADMINISTRATIVE COMMENTS CITY ENGINEER -- -hS~-~c((a,~,'o.. agYtG~.v~c,.~ wi ~l tie Ye,~c,,~,; red. '~cs/ i /-5~-+~,~ ~u.~-~' d ~- wat~.u s e-w •c- , a,ti, d stv •~r.-~ ; ,.,,. p,•~ ~e w•~.n~S , ~. BUILDI _ L'r'mnn • s~ - =~L21n ~r,~,rrrrzrrc coc~t•rzsslorr /~~'yEs s/D OT 54 T n GOV' T LOT 53 _ ~ tsy' Sy o5 - t 165 . 3 I ' 0 ° Fox Av~ rrv~ M 105.33' I G~ ~` lo,goo s~. H °° °° U 40' S 89'S9'10'E 125.31' Z a logo-, 5~.,--- , ~ ~a . . x ^~ ~ ~ ~ j p ~ i O f M ~ H ~ " J ~ S 89'S9'10 E 125.31' ~ ` o ~, ~/ 7~1 < x .a ~, M U i ~ c~ 11, Coves s~_ c3 N 77~ 04. ~ g" E Sa•56 G 4 I o ~ ui , ~ ~ V V _. 'ti r7 i ' ~ ~1 •. by- ~y I V N i bJ . S i ~~ ~, ~~ ~~ y i I ; S0. z6a ' GOV' T LOT 53 (ob-~ '~ i -~ ,, r; 29 ~ 28 27 ~ 26 ~I I Q~ THIS P~4o SUED 6p R U j ~~P 33 34 ' ~ ~ ~t- 32 ~!-~Np 35 T T6N TSN VICINITY MAP s ~ a 3 2 1' = 1 MILT TIFICATE OF OWNERSHIP.AND DEDICATION ereby certify that we are the owners of the real property n and described hereon and that we hereby adopt this ~ of subdivision and by our free consent dedicate all is-of-way to public use and grant all easements to the E. shown. ROL L. HAYS$ CHRISTOPHSR L. HAYSS P.O. BO]C 87074 CHU(iIAH. AS 99E87 ARY'S ACKNOWLEDGEMENT ribed and sworn before me this day of . 1993. `,. STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/LH Date: February 4, 1993 Res: PZ93-6 GENERAL INFORMATION Applicant: Brent Hibbert, AAA Taxi 1385 Chisik Kenai, Alaska 99611 Requested Action: Home Occupation Permit Legal Description: Lot 9, Block 2, Highland S/D Existing Zoning:. Rural Residential (RR) Current Land Use: Low Density Residential Total S.F.: 3,096 S.F. for Home Occupation: 760 = 25% ~ ANALYSIS This business is basically a taxi-dispatch center. Mrs. Hibbert is the only family member who works here. Mr. Hibbert does small maintainance and repair on some taxis on the lot across from the residence. The taxi's are at this residence between the hours 5-6 a.m. and 5-6 p.m. This business was first brought to the Planning Department's attention by a neighbor concerned about additional traffic in this residential neighborhood. Under KMC 14.20.230 Home Occupations "In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal- circumstances would not be aware of its existence other than for a sign as permitted in this chapter." RECOMMENDATIONS Commission should review this application for conformance with KMC 14.20.230. It may need to be considered as a CUP. ATTACHMENTS ~ 1. Resolution PZ 93-6 2. Home Occupation Permit Application 3. Site Location ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93-6 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE FOR NAME Brent Hibbert AAA Taxi LOCATED 1385 Chisik WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec 14.20.230, has been submitted and received on 1/25/93 2. That the application has been reviewed by the Commission at their meeting of 2/10/93 and found that all application requirements (have) (have not) been satisfied. 3. That the applicant has demonstrated with plans and other documents that he can and will meet the requirements and conditions as specified. 4. That the following additional requirements have been established by the Commission as a condition of permit issuance: NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the conditions required for said proposal. And therefore, the Commission authorizes the Administrative Official to issue the appropriate permit. PASSED BY, the Planning and Zoning Commission of the City of Kenai, Alaska, this 10th day of February , 1993. CHAIRPERSON ATTEST: Planning Secretary f i 1791-1991 c CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907.283-3014 Date : ~- ~ - g3 HOME OCCUPATION PERMIT NAME : ~(~° r~.'~ ,~ i7 Q/,7- PHONE : ~ J - ~j p~-~f ! ADDRESS: ~/), ~?( ~.~D~ ~~06~~`-nR ~~~f~~~~1 LEGAL DESCRIPTION OF PROPERTY: ~ /`~~C<C ~ ~,la~~ti/sy,~ DESCRIPTION OF OCCUPATION: ~ ~~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations which allow Home Occupations in residential zones, 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. ~~ Not more than one person outside the family shall be employed in the home occupation. 2.(~~~ No more than 300 of the gross floor area of all buildings on the lot shall be used for the home occupation. Please submit site plan with square footage and area clearly marked where business will take place. 3 ' !~~ The home occupation shall be carried on wholly within the principal building, or the buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Will is development require a building permit? YES ~ (circle one) Applicant's Signature: Approved: CHAIRPERSON ATTEST: Date: ~i' KENAI MUNICIPAL CODE 14.20.230 Home Occupations: (a) Intent. It is the intent of this chapter to permit home occupations which are compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses in residential zones only so long as all the development requirements listed in this section are observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but are not limited to, the following uses: (1) Art Studio. (2) Day-Care of no more than ten preschool age children. (3) Dressmaking. (4) Millinery. (5) Beauty Parlor. (6) Tutoring and musical instruction (c) Uses (1) (2) (3) (4) (5) (6) (7) (d) Deve boat repair. r similar uses. `or the care of more than two organized classes. Prohibited. Commercial auto and Commercial kennels o Convalescent homes patients. Mortuaries. Private schools with Real estate office. Restaurants. lopment Requirements. (1) Not more than one person outside the family shall be employed in the home occupation. (2 ) No more than thirty ( 3 0%) percent of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (Ord. 935) 14-47 & 14-48 (KMC) C __ ) ~ _1 ,, ~ '~ j ~'~~ :y . V } ~'~ ~~,~1 ~~' ~ ~~'~ ) , ~C~~; .: h+- ~ ; ~r + 'r? r~ 1 '~; ! V ~. t ~4 ~~ ~~ r .v x a~~ ~a i 7~. ~ ~ ~~ N Y ~pi~ Y ,- 4 -.I ~ $ ~~ rs*~f ~ ., x e° r.s ~ t'. 1 ~~1 G ~~' ,. , Ft~~f s ` ' r`~ - ~` ~ ~ ~ sr rY - F ~,,t : - ~ In s __ _ ~I ~• , r '_ t ~~ n~'~ ~ t ~~ i ~r~. } , / k-4~1 rt{ .~ x I r* 1 ti~ ~' ~ i r it ~ t, i ~~Y , C f # ~~,~ r u t t F s r ~ ~ ~ ~ J. f W i ~./ II r yds:. ~ .'~~ r r.s~ - Il ?-' . ! . -~.r`• ~ s ~h~.' t h _ ye/. __ X11 ~~ ~1 .. ~, .. 4 S e~ `. K ~^~~ i ~ 1 f-,r<, . < . ~:. ~ I. ~ j~f ' ~ ~*~ ~ ' t ,~ e ~ ~ ,, h ~ ~~n : ~ s~~' ;~l f..' ~' Y~J ~I xN I >. 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M t. ,,.'.;y. , ~v,•. `r. .. .-:v, i., .!,, _r.r_.. ;~l: r.._. r ~w;p G5 I.r..... , ~ ' ~ ~ ~ 'i I ~ ' 4~ i ~ Q• i ~ i ,I i I ~' ~i~ I I aI'o _ I r i _ ----' u~c/ O ~/ ~I11O - - - - - ~ `\ ~ ° II ~ ~~ ": ti h I`~ ' v ~ =~ '~ i ~, • ~ tl~ - ~ ° ~ -.. ~ .. - N n I ~ ~° - ~ M t ~`~ ~ SS~y S9F/ `~ c c ! O{fsi y~l _ t;~' ~~ ( - ~ v'/ ~ \ ~ ° ~ ~ Z_ \ _ ~ yc 0 ~ ~~ - ~ ~ ~ - ~ i? ~y ~, J , ~~ -~z ~i - a 1 ~~ ~y 0 `~ ~ '- ~ M v~ ~ 1 ~`c` 1:2% X330 ° { ' Lt X250 ~.~ j32p \ ''~ ~ _ ~ ~ ~ARl ,L~° do i~o ~ ~~ r o ~, s >, ~~ °G1 ~ o ~~ ~R b'- 1 ~ ~ - ~ ~ - x~LlDF ~ I .~ - ~-~ ~ ~~ ~~R ~~2i ~ ~rNA! ~, - ~ ~' o - - ;.;83 .. n N :'~ ~' - ... rim d~....u _.._ ~__. _..~ ~. _ - - .. ._.- .. V - ~ / 395 o ~. AGENDA RENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 3, 1993 7:00 P.M. RENAI CITY COUNCIL 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. SCHEDULED PUBLIC COMMENT (10 Minutes) 1. Dean Eichholz - Kenai Airport Business Alliance - Airport Improvements. C. PUBLIC HEARINGS 1. Ordinance No. 1527-93 - Amending the Kenai Municipal Code 14.20.105; 14.25.030; 14.25.040; 14.25.050; 14.25.060; and 14.25.070 to Provide for Control of the Landscaping/Site Plan Review by the City of Kenai Planning and Zoning Commission and to Remove References to the Landscaping/Site Plan Review Board. ~~h~ ~• ~ a. Substitute Ordinance No. 1527-93 ~~~~ ~ 2. Ordinance No. 1528-93 - Increasing Estimated Revenues and Appropriations by $343,353 in Two New Capital Project Funds for Airport Equipment and Construction.. ~~~~ ~ 3. Resolution No. 93-9 - Awarding the Bid for An Airport Motor Grader to McDonald Industries Alaska, Inc. for a Total Amount of $184,189.33. Q 4. Resolution No. 93-10 - Awarding a Contract to Wince- /~~`~ ~- Corthell-Bryson for Design and Project Management Services on the Kenai Municipal Airport, Taxiway A-3 Project for a Not-to-Exceed Amount of $23,490.00. -1- ~~.~~ ~ 5. Resolution No. 93-11 - Transferring $15,231 in the Airport Land System Fund for Additional Environmental Assessment of Contamination Near the Airport Emergency Generator Building. 6. *1993 Games of Chance and Contests of Skill Permit Application - Ducks Unlimited, Inc. 7. *1993 Games of Chance and Contests of Skill Permit Application - Fraternal Order of Eagles, Auxiliary #3525. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINUTES F. G. A. ~~"D ded Lei e~ ~bPi^o r~e~ 1. *Board of Adjustment of January 20, 1993. 2. *Regular Meeting of January 20, 1993. CORRESPONDENCE OLD BUSINESS NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $1,000 3. *Ordinance No. 1529-93 - Authorizing the Execution of a Common Investment Agreement Among Political Subdivisions of the State of Alaska and to Authorize Creating and/or Becoming a Member of the Alaska Municipal League Investment Pool, Inc. 4. Approval - Kenai Peninsula Caucus/Dues for 1992/1993 Fiscal Year. 5. Approval - Annual Audit Cost Proposal. -2- ,~joi^oyrd 6. Approval - Consent to Collateral Assignment of Purchaser's Interest as Tenant in Groundlease - Bernard Kline and Dionne L. Kline/Lots 5 & 6, Block 3, Cook Inlet Industrial Air Park. ~~p~/~ 7. Discussion - Airport Towing Bid. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- PLANNING AND ZONING COMMISSION TO DO LIST: NOTES: DATE: l~