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HomeMy WebLinkAbout1993-04-14 P&Z PacketRENAI PLANNING & ZONING COMMISSION _r April 14, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL Swearing in of new Commissioner - Kevin Walker a. Election of Chairman 2. APPROVAL OF AGENDA 3. APPROVAL OF MINIITES - March 24, 1993 4. PERSONS PRESENT SCHEDOLED TO BE HEARD 5. PIIBLIC HEARINGS a. Resolution PZ 93-10: CUP - Grubb b. Resolution PZ 93-13: Variance - Gilles 6. PLANNING a. Preliminary Plat - Gilles b. Preliminary Plat - Baron Park ~ 7. NEW BIISINE88 a. Lease Application - Doyle 8. OLD BOSINESS a. Resolution PZ 92-26: Rezone - See (Tabled for one year from 10/14/92) 9. CODE ENFORCEMENT ITEMS a. Kenai Photo Quick - Possible Sign Violation b. Quandt Property 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDOLED 12. INFORMATION ITEMS 13. __COMMISSION COMMENTS & OIIESTIONS 14. ADJOIIRNMENT 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 April 8, 1993 Mr. Kevin M. Walker 311 McKinley Street Kenai, AK 99611 RE: APPOINTMENT/PLANNING & ZONING COMMISSION City of Kenai At their regular meeting of April 7, 1993, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. A copy of KMC Chapter 14.05 entitled, Planning & Zoning Commission, and Chapter 1.90, "Standard Procedures for Commissions and Committees" are enclosed for your information. Commission meetings are held on the second and fourth Wednesday of each month, at 7:00 p.m. in the City Hall Council Chambers. Informational packets will be mailed prior to each meeting. If you have any questions, please do not hesitate to contact this office. Thank you for your interest in serving the City of Kenai. Sincerely, CITY OF KENAI Carol L. Freas City Clerk clf Enclosures r~ , .~. . ~ RENAI PLANNING & ZONING COMMISSION March 24, 1993 - 7:00 P.M. City Hall Council Chambers 1. ROLL CALL Commissioners present: Also present: 2. APPROVAL OF AGENDA MOTION AND VOTE: MINUTES Duane Bannock, Phil Bryson, Carl Glick, Ron Goecke, Paul Hanson, Lori McComsey Councilman Hal Smalley Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant BRYSON MOVED APPROVAL OF AGENDA AS PRESENTED AND ASKED FOR UNANIMOUS CONSENT. GOECRE SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF MINUTES - March 10, 1993 Councilman Smalley noted that he had attended the meeting but his name had been omitted. MOTION AND VOTE: HANSON MOVED APPROVAL OF AGENDA AS AMENDED AND ASKED FOR UNANIMOUS CONSENT. GOECRE SECONDED. PASSED BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Resolution PZ 93-8: CUP - AAA Taxi (continuation) Vice Chairman Glick opened the Public Hearing at approximately 7:05 p.m. ***PUBLIC HEARING*** Brent Hibbert - Evening, my name is Brent Hibbert, Alaska Cab. I have, the home occupation was turned down a few weeks ago when I applied for it. So for the conditional use permit (CUP) we, Duane and my two neighbors, Jason and Brett had a little meting. Not much was settled at this little meeting we had. What I asked the Commissioners, is that I will not run my cars out to my residence but to let me keep no more than two of my vehicles out there. The one I drive and the one my wife will drive. My taxis I'm talking about. And I also ask, if on occasion when I may need to do a little maintenance, headlights, tires, things in that nature, to be able to run this car out and change a tire. We will cut down on the traffic I generate in and out of there which my neighbors have a problem with. When they do come in I'll have them use a :ENAI PLANNING AND ZONING COMMISSION Mar ,h 24, 1993 - Meeting Pages 2 different route so they are not coming by Jason's house, because his road is not maintained by the City. I will keep the traffic down on it. I will have all work done on a taxi will be done inside the garage, where no one would see it. And there would be no cars parked outside other than the two I am asking that I can keep out there. In the Home occupations code here, it lists the things that are permitted in the rural residential. Some of them are: art studio; daycare; beauty parlors; and tutoring. They also generate traffic. I want to try to get along with my neighbors and if I can do it this way without generating traffic this will help me, I feel, get along with my neighbors. Any questions? Glick - Do any Commissioners have questions? Goecke - These two cars you're talking about, if I understood correctly, one of them is the cab that you drive and the. other one would be your personal car. Is that right? Hibbert - No, it would be two cabs. One that I drive and my wife drives in the summer on occasion. She would also drive one. Most of the time there would not be two cars there because they're on the road at all times. I tried not to have any cars there. I try to keep them out. But there would be no more than two there. Glick - Any other questions of Mr. Hibbert? Hibbert - Thank you. Glick - Is there anyone else in the audience who would like to comment on this resolution? Jason Elson, PO Box 2712, Kenai, Mr. Chairman, Commissioners, forgive my appearance (referring to fire department uniform). I am here on a personal matter. As Mr. Hibbert stated we did meet last week with Commissioner Bannock in regards to this matter and as he stated we were unable to come to any real compromise in regards to that situation. My concerns are still such that any kind of compromise, we still have a commercial operation running in a residential area. The compromise will always be subject to breaching. You know, it's fine to say one thing one day and then a year down the road we're into the same situation we're at right now. Again, my concerns are the impact on the neighborhood, the increased traffic, the safety to the residents of the neighborhood and their children, and if we want to get right down to it the market values of the homes in the neighborhood as well, when you bring in a commercial industry. What happens to the value of my property and my housing unit, if and when I decide to sell, if I have a commercial unit next to me? I guess I still have to speak in opposition to this CUP unless there are other ideas brought up by the Commissioners that may be subject to a more stringent or specific compromise, but at this time I really don't see any. There is plenty of commercial property available for rent, lease or ownership in the City of Kenai. I just don't see a commercial operation working in this neighborhood. Are there any questions? ~KENAI PLANNING AND ZONING COMMISSION r~iarch 24, 1993 - Meeting Page 3 Glick - Do any of the Commissioners have any questions for Mr. Elson? Elson - Thank you very much for your time. Glick - Is there anybody else from the public who would like to speak on Resolution PZ 93-8? Seeing none we'll close the public hearing at this time and bring it back to the Commission. ***END PUBLIC HEARING*** Glick - At this time I would like to entertain a motion. MOTION: GOECRE MOVED TO APPROVE RESOLUTION PZ 93-8. BANNOCR SECONDED. ***DISCUSSION - VERBATIM*** Bannock - I'm wondering if we need to get Mr. Hibbert's conditions, or self-imposed restrictions on the measure do we need to make another amendment? Do we need to treat that as an amendment to the main motion? Do we want to talk about those items? Glick - If you wish to put them on there you probably need to make an amendment to get them on the record. Bannock - Than for the record, I would like to make an amendment to the main motion to include the list of conditions brought up by Mr. Hibbert to be added to the motion. Bryson - Do we have a motion on the floor? Glick - Yes, we have closed the public hearing and we have a motion on the floor. Do we have a second on that amendment? Hanson - Could you specify those again for me? Bannock - I tried writing down the best I could. No change out of cars. And that was something that was discussed at length at our last meeting. AMENDED MOTION: BANNOCR: NOT MORE THAN TWO TAXIS ON THE GROUND AT ANY TIME. SERVICE ONLY AS NEEDED, EXAMPLES, TIRES AND HEADLIGHT; THE DRIVERS TARE A DIFFERENT ROUTE THROUGH THE NEIGHBORHOOD; ALL WORK WOULD BE DONE INSIDE THE GARAGE; AND NO CARS PARKED OUTSIDE WITH THE EXCEPTION OF THE TWO CARS. BRYSON SECONDED. Glick - Okay, and that's your amendment to the motion? Okay, now do we have a second on that? Bryson - I'll second the motion. Glick - Okay, it's been moved and seconded to amend the motion as KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 4 Duane read. Do we have any comments from the Commissioners on that? Bryson - I guess I have a question for Administration. Jack, would you, do you feel that this activity has been sufficiently reduced to the level of a Home Occupation, at this point? La Shot - Well, that's a good question. Normally a home occupation is something that wouldn't normally be noticed by other people in the neighborhood, by the definition. This was originally brought to us by someone in the neighborhood that's why I said in the staff report "I believe considerable weight should be taken from public testimony." Goecke - To kind of go along with what Jack is saying, it's suppose to be something that is going on in a neighborhood that would not necessarily be noticed. One of the things in the code is Beauty Shops. Your wife can have a Beauty Shop in her house and I'll guarantee you'll notice that amount of traffic. That's out there for you, so I don't .see personally where as long as he's going to cut down on the amount of vehicular traffic that he generates, I don't think that the traffic is going to be any worse there. Correct me if I'm wrong, but I don't see where there's any difference between those two houses. La Shot - Now remember this is a CUP. It's no longer a home occupation permit. Glick - Are there any other comments from Commissioners? Bannock - I talked to several people involved in this and I've done alot of thinking about it myself. Some of the restrictions Brent and I have talked about and the reason I'm leaning toward this is because I think he is entitled to have his two company cars there. One thing that is unique about his company cars is they're emblazoned with his company name all over them. I'm not that much different in that I drive a company car home every night but my neighbors don't know it. My neighbor right across the street does drive a company car with his company name emblazoned all over it. It's his personal driver. He only has one but there are two cars parked in his driveway. Probably his wife owns a car as well as the one he drives. So I don't think having two cars in his driveway - if Brent owns two cars that happen to be painted like a taxi - I'm having a real tough time finding how we can say no to that. I'm still struggling a little bit with the operation going on back there. I think that our biggest problem that I have heard in the last few weeks has been the amount of cars driving through the subdivision. But I think with a real honest effort from Brent and with a serious eye out for enforcement this situation can work. It will only work if we are on the honor system and I' 11 hope that this system works. But I think that the requirements are there and I think that the code gives us the opportunity, and maybe unfortunately for people that don't feel that commercial business belongs in a residential area, conditional use permits do allow KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 5 for just that, and that's exactly why they're in there. Glick - Other comments? Bryson - When a vehicle is working, say during the day or evening or whatever, does it return to your house as a home base if it's not immediately hired? Or does it remain in the downtown area of Kenai or in Soldotna? Hibbert - If it's not being used? Bryson - Yes, if it's not being hired? Hibbert - Yes, it stays in the area. They usually park at the airport. At nights they hang around the bars (inaudible) The only time they come out by the house is if they have a problem, like if they have a flat tire. Or, if one of the drivers change shifts. That's the only time I would see the car. What I drafted tonight would be to discontinue changing the cars out there . (inaudible). Bryson - Again, addressing the Commission, I guess I see the traffic as a lessor problem at this point. I guess the resistance of the neighbors is the prime point of contention.. It would appear that the sort of traffic they would create during the day, at this reduced level, is similar to which a vehicle would be used anyway, to the people who would live around there. My problem would be the lack of agreement at this point of the neighbors. McComsey - I have a question here, just being so new. Say we give him the CUP with the conditions and than how does the enforcement work on that? Does Mr. Elson or Mr. Hult come in and say the cabs running in and out of there again and than it's right back before us again? How does that work out? La Shot - We don't have enough people to go around and check on all these things. We rely on the people in the neighborhood to report problems and than we can check into it. Glick - So than we could revoke it, is that what your saying. Bryson - The normal procedure, I believe, if we have a complaint it would go through Administration and they would attempt to handle it at that level. They would probably contact the people and ask them, if they weren't conforming - to conform. LaShot - We would probably try to contact the people first and if that didn't work out it would come back to P&Z. Glick - Any more questions? Hanson - Well, I have one more comment. When Duane itemized the conditions the fourth one you itemized was the drivers' use a different route. I'm wondering if you might want to change that language to something like "whenever possible drivers should use roads which are maintained by the City." KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 6 Bannock - That is a very good question and perhaps Mr. Hibbert could explain to us what the different route is. Hanson - My impression is that there are two routes into the property. You can comment on this. There are two routes into the property, one which is maintained, and one that is not? Hibbert - There are two which are maintained and one that is not. One is maintained only in the winter. Bannock - That's certainly fine with the make of the motion. Glick - How about the second? Bryson - I have no problem with that. ***END VERBATIM*** VOTE - AMENDED MOTION: BANNOCR: NOT MORE THAN TWO TAXIS ON THE GROUND AT ANY TIME. SERVICE ONLY AS NEEDED, EXAMPLES: TIRES AND HEADLIGHTS; WHENEVER POSSIBLE THE DRIVERS TARE ONLY CITY MAINTAINED STREETS THROUGH THE NEIGHBORHOOD; ALL WORK WOULD BE DONE INSIDE THE GARAGE; AND NO CARS PARRED OUTSIDE WITH THE EXCEPTION OF THE TWO CARS THE HIBBERT' S DRIVE. BRYSON SECONDED. Bannock Bryson Glick 'Goecke Harrison McComsey Scott.'. YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. VOTE - MAIN MOTION: GOECRE MOVED TO APPROVE RESOLUTION PZ 93-8. BANNOCR SECONDED. Bannock Bryson Glick' Goecke Hanson Mceomsey Scott; YES NO NO YES YES YES ABSENT MOTION PASSED BY MAJORITY VOTE. b. Resolution PZ 93-9: Encroachment - Blanning ***PUBLIC HEARING*** Glick - Opened the meeting to the Public Hearing and asked if there was anyone in the audience who wished to testify? Seeing none he KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 7 closed the public hearing and brought the item back before the Commission. Bannock - Asked for clarification on the location of the property involved. He requested that in the future the house address be shown on the application. Bryson - Noted that he would be voting on the item even though the applicant's son worked with him. MOTION AND VOTE: GOECRE MOVED APPROVAL OF RESOLUTION PZ 93-9. BRYSON SECONDED. Bannock Bryson Glick Goecke Hanson Mccomsey S'cott' YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. c. Resolution PZ 93-10: CUP - Grubb La Shot - reported that the Planning Department had received the wrong legal description for the public hearing notifications. He suggested that the public hearing be started and continued to the next meeting. This would give Staff time to send the notice to the surrounding property owners and interested parties based on the correct legal description. ***PUBLIC HEARING*** Glick - Asked if anyone wanted to testify about this CUP? Seeing none, the item was moved to the following agenda. 6. PLANNING a. Resolution PZ 93-11: Home Occupation - Whitford Glick - Introduced the item and asked for a motion. MOTION: BRYSON MOVED APPROVAL OF RESOLUTION PZ 93-11. GOECRE SECONDED. ***DISCUSSION*** La Shot - Reported that the property was directly across from Swires Drive. It is adjacent to a commercial area. Bryson - Added for the record that sometimes Whitford and his company work together, but he would still be voting on the issue. VOTE: ~~ Bannock ~ Bryson ~ Glick I>;Goecke ~ Hanson ~ McCamsey I Scott'.. ;,~I KENAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 8 YES ~ YES ~ YES I YES ~ YES ~ YES ~ ABSENT MOTION PASSED UNANIMOUSLY. b Landscape Site Plan Review - Gensel Day Care Center Glick - Introduced the item. A conditional use permit had already been approved by the Commission for this activity and now the Landscape Site Plan required approval. La Shot - Pointed out that the plan contained a mixture of natural vegetation and new landscaping. La Shot felt that the plan was adequate to satisfy the KMC requirements and recommended approval as submitted. Bryson - Noted he would be abstaining from voting on this item because he had worked on the project. MOTION AND VOTE: GOECRE MOVED APPROVAL OF THE LANDSCAPE/SITE PLAN FOR GENSEL DAY CARE CENTER AS SUBMITTED. MCCOMSEY SECONDED. Bannock Bryson Glick. 'Goecke ' Hanson McComsey Scott``'' YES ABSTAIN YES YES YES YES ABSENT MOTION PASSED. c. Easement Reservation - Gilles La Shot - Reported that the individual came to the City and asked that a certain easement be released. Reservation of easement was to the City of Kenai in 1967, before the property was transferred to a private party. La Shot felt perhaps it had been a blanket easement but the City no longer needed the easement for utilities. He recommended forwarding this back to Council with P&Z recommendations. MOTION AND VOTE: GOECRE MOVED TO PA88 BACK TO COUNCIL WITH RECOMMENDATIONS. HANSON SECONDED. Bannock Bryson Glick 'Goecke Hanson McComsey Scott> YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. d. Resolution Pz 93-12: Home Occupation - Anderson KENAI PLANNING AND ZONING COMMISSION "March 24, 1993 - Meeting Page 9 Glick - Introduced item and asked for a motion. MOTION: GOECRE MOVED APPROVAL OF RESOLUTION PZ 93-12. BANNOCR SECONDED. La Shot - Reported that the applicant will be running a Computer Sales and Service business from this location. All service and sales will take place at the customers' home or business. Staff recommended approval with a limit on the term of permit of up to one year or less as the applicant indicated it would be a temporary situation. He added that the applicant had received permission from the property owner. Glick - Asked if the Commissioners had any questions for the applicant? He than asked Mr. Anderson to step to the podium. Bryson - Asked if Anderson owned the property. Anderson - I don't own the property, I rent one unit of it. Bryson - Would the area used for the office meet the CUP requirements? Anderson - Yes it would be approximately 25% of total square feet. Goecke - Is it still your intention that this just be a temporary use? Anderson - Said he intended to be in an office in the near future if things work out. He asked if the temporary note might be stricken from the permit as he may need to stay there for a longer period of time if he didn't have enough capital to move to an office. VOTE: Bannock Bryson Glick>~ >~Gaecke >~Hanson McComsey .Scott YES YES YES YES YES YES ABSENT MOTION PASSED UNANIMOUSLY. e. Landscape Review - Kitchen Express La Shot - Reported that the applicant had already begun the work on the addition to the building. However, no building permit can be issued until the landscaping/review plan is approved. The site appears to be adequate to accommodate the additional parking required by the KMC. Bryson - Noted he would be abstaining from the vote as he had K~NAI PLANNING AND ZONING COMMISSION March 24, 1993 - Meeting Page 11 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMIBSION COMMENTS & OUEBTIONS Bannock - None. Bryson -None. Goecke -None. Glick - Indicated that Chairman Kathy Scott had resigned from the Commission and that she would be missed. Hanson - Said he had enjoyed his tenure on the Commission. Smalley - Thanked Hanson for his service to the Community and wished him good luck in his new position. Smalley said that the Council would be appointing people to fill these vacant seats at their next meeting. 14. ADJOURNMENT There being no further business the meeting was adjourned at approximately 8:30 p.m. Res ctfully submitted, o et ar y Administrat've Assistant Planning r~ STAFF REPORT TO: F & Z Commission PREPARED'BY: ' La Shot/Harvey DATE: April 6, 1993 RESOLUTION NO>. PZ 93-10 APPLICANT: Richard Grubb 1755 Cone Ave. Kenai, Alaska 99611 Requested Action Conditional Use Permit - Auto Repair ::.Legal Description BEG AT 1/4 of SEC 2 TH W 990 FT TO POB TH W 660 FT TH N 330 FT TH E 660 FT TH S 330 FT TO POB CNTG 05.00 AC M/L Present Zoning Rural Residential (RR) Current Land Use Low Density Residential ANALYBIS: The site of this proposed activity is surrounded by large mostly undeveloped parcels of land. There are several gravel pits operating near this location. Planning Staff mailed the first Public Hearing notices based on the wrong legal address. The Public Hearing was started at the March 24th meeting, there was no testimony. This gave Staff time to send notices based on the correct legal description. There has been no response to those notices. RECOMMENDATIONS: There have been no objections from neighboring property owners regarding this activity. It appears to be consistent with other activities in the area. ATTACHMENTS: 1. Resolution PZ 93-10 2. Conditional Use Permit Application 3. Site Location ~~-t CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 93-10 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI (GRANTING) (DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT FOR AUTO REPAIR SHOP - 1755 Cone Ave. BEG at a COR OF SEC 2 TH W 990 FT TO POB TH W 660 FT TH N Located• 330 FT TH E 660 FT TH S 330 FT TO POB CNTG 05.00 AC M/L WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.321 has been submitted and received on March 4. 1993 2. This request is located 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 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 3/24/93 & 4/14/93 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 A„t~ RP=a;r Shin 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 14th day of April , 1993. CHAIRPERSON ATTEST: Planning Secretary ~~ 1791-1991 CITY OF KENAI „D~;l G'~i~~ a~ r~l~ei~„ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 CONDITIONAL USE PERMIT NAME: `~I~ ~ ZLJ PHONE: ~-~j 50y~ MAILING ADDRESS: ~ ~ ~'J5~ Conte ~}ve. ~ . LEGAL DESCRIPTION OF ROPERTY INVOLVED: s c-~ TS~I~ ZONING DISTRICT (Circle one); C RR-1 RS RS-1 RS-2 CC CG IL IH R RU Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COTE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1• ~ A Conditional Use Permit issu ed by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones if certain conditions are met. I understand a conditional use permit is equired for the proposed development as described: o 2•%~ Please submit site Plan, Ma Flow & Parking P (if available) and Traffic 3 • ~~~ Please submit plans showing the loca ' and proposed buildings or alterations lele at ons of such buildings or alterations, and data as may be required. 4•Q~~ A Public Notification and Hearin i issuance of this permit. A g s required before the deposit/advertising fee is required 0 to ocoverundhese notification costs. (Please see attached procedure sheet) Date: Conditional Use Permit Page 2 5. ~~ An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit.' A public hearing shall not be required as a condition to granting the extension. ADDITIONAL COMMENTS: ~p__ /~~~~~~' p~y~ Tp ~~- c ~~~~„~ ;~V~s~~~ Applicant Signature: - Approved: Chairperson Attest: Date: ~y a u ..4. t•.., ~~ r!) 'J t~ n~ R ~ ~/ •. ~ \ cV aa~~~ O da 5 i .s rs dl N ~+ ~ ~~ ,~ ~ ~h a ,~~ M ~ ~ ~ ..' /'a k, _I~ J L ~J Ul ~ M/a' ,of _cs Y~i77oN Y ~ O O ~ V oo C3 ~ b .,p ~' ~ N 79'Olpb/ h M a ~ ~ .o . oo• Do ~ ~ ~ ~~ ,~~ ~ ~ c ~ o~ o v h' h o O o O~ 4 oNO h ~ O kt V .seYl/ ar 0' a `^ ~' t. N ~~ ~ J O N s ~'• ~ b <~s-FS-N7 ~~ Z 'orv '~n~ ~r3r~~oy 0 1 4C - ., ~~. ,\ ~~ ~- ~. ~~~ ` :~ a ~~ C> d~ ~_ ~ S~ TAREN FROM: RENAI MIINICIPAL CODE 14.20.1450 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. The allowed conditional uses are listed in the Land Use Table. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (b) Conditional Uses in All Zones: ~(1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; [ ii ] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must outweigh any adverse effects on adjoining properties; [ii] A sight-obscuring fence or uncleared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights-of-way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chapter are followed. The usual procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be ,required. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987) 14-28 & 14-29 1791-1991 CITY OF KEN AI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PIIBLIC HEARING NOTICE (Continuation) A continuation of the Public Hearing on a Conditional Use Permit Application under RMC 14.20.150 has been scheduled by the Renai Planning & Zoning Commission for Wednesday, April 14, 1993 commencing at 7:00 p.m. in the City Hall Council Chambers, Renai, Alaska. The application was submitted by Richard Grubb, and is for an Auto Repair Shop located at 1755 Cone Ave, Renai., Alaska. Anyone wishing to present testimony concerning this permit should do so at this hearing or submit written comments to the City of Renai, Planning Commission, 210 Fidalqo Ave., Renai, Alaska, 99611 prior to April 14, 1993. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASlJ YlZUY1;tt'1'Y WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY ~. STAFF REPORT TOt P & Z-Commission PREPARED BY: La>,Shot/Harvey DATE: April 6,,1993 RESOLUTION NO. P'Z 93=13 '' APPLICANT: Steve C. Gilles PO Bob 2738 Renal, Alaska 99611 Requested Action Reduction of minimum lot requirement Legal Description Lot 2, Block 3, Beluga S/D Present honing Rural Residential 1 (RR1) Current Land Use '' Medium Density Residential ANALYSIS: The Development Requirement Table lists the minimum lot requirement for the RR1 zone as 20,000 SF. Lot 2B is proposed as a flag lot and exceeds the minimum lot requirement by approximately 12,468 SF. Lot 2A would be approximately 4,250 SF below the minimum lot requirement. Some of the special circumstances are as follows: 1) A large drainage ditch in ROW to north makes construction of physical access and sewer and water lines difficult and expensive within the ROW. City would prefer that the ROW not be disturbed. 2) Concerning space, if the flag portion of the back lot was included in Lot 2A it would meet the 20,000 SF requirement. 3) The sewer service to the rear lot will have less available cover if the front lot is deeper (in order to make 20,000 SF). 4) The back portion of the rear lot is wetlands. The owner would prefer a building site as much easterly as possible. RECOMMENDATIONS: Normally Staff would recommend that Lot 2B be adjusted to give Lot 2A the minimum SF as required. Due to the unusual configuration of the surrounding property Staff feels this variance meets the requirement listed under KMC 14.10.180 Variance Permits (c): (i) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. ~~ ~ 5~,~1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93- 13 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A VARIANCE AS AUTHORIZED BY 14.20.180 OFF THE KENAI ZONING CODE. for Lot size variance- 15,750 SF located Lot 2 Block 3 Beluga S/D applicant gtPVP„ C_ Gilles WHEREAS, the Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on 3/ 2 4/ 9 3 2. That this request is located on land zoned RR1 3. That the applicant seeks a variance from the specified requirement of the Zoning Code: 20,000 minimum SF 4. That the following conditions have been found to exist: a. Special conditions or circumstances are present which are peculiar to the Zand or structures involved which are not applicable to other lands or structures in the same Zand use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming Zand uses or structures within the sale Zand use or zoning district. 5. That a duly advertised Public Hearing, meeting the requirements of Section 14 .20.280 has been held by the Commission on 4 / 14 / 9 3 NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the conditions specified in 14.20.280 (c) have been shown to exist, and therefore, grants this variance. PASSED, by the Planning and Zoning Commission of the City of Kenai, Alaska the 14th day of April 1993. ATTEST: Planning Secretary CHAIRPERSON ~ 6 --~ ;b _~ 1~~, ' Ji g N ~ ~~ ~4i . , _~ ~9 - ~P ~ ~ q 5 ~ i BICE\TE`'NIAL Yi~aye wrtl~-a ~ t= G'c~ml~a ~~vYe! DATE : ~ _ Z ~ 7 ,~ CITY OF KEMAI 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT NAME : S / e y ,P ~ ~ T . (. I ~ t PHONE : ,Z ~ ~ ~ ~ ~ (~ V (' ~j ~y MAILING ADDRESS : J~ G ~ U Dom, ~? ~ ~ ~ 1 ~C L'l Gt . / I ~t ~ L (7 l / LEGAL DESCRIPTION OF PROPERTY INVOLVED : ~ d l ~, ~ C~ ~lS ~ '~ ~ u 4 ~ 5~~. ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. 5 C~ Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~_ 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) 3. s ~ Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. ,f ~i- The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION Page 2 5. ~{~ The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~~ The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: Applicant's Signature: ~-- ,j~0h Attest: Approved: CHAIRPERSON Loretta E. Harvey, Secretary ~ J Q 0 ~ Z z J O Q Q U_ ~ ~ w - z ~~ C~ ° ~~ .O r-- V '` y (~ h o \~~ J\ c . v+ cn ~ <<OO~~OoO S o~5z 00 ~0~ ICJ N ~ 0 o ~ o o ~ ~ ~ ~ ~ ~-- 0 0 0 ~~ O O ~ O ~ O O ti--- ~ o z . ~ t 00 50~ C1~ c~ O N ~ 1 ~ ("1~ O ~ N i `~ V ___._- ` v 0 0~ ~ 0 co t~ ~ ~ °~~ ~^ ~~ O 0 0 I~ O O N ~b~ 0~~ M <<00 ~~OoO N anaasa~ ~apd ,0~ L ~- O ~ a o rn ~ a .s E ~ ~ d ~= o ~ ~ o m Q 9 ° o~ N ~•- O Q ;S ° ~ ~ G. .~ Y d I ~, -~ o~ U Q tf1 T d O z z 0 ~_-- U o~ o~ --~ _ ~I V / L1 W z 0 0 w Q U ~_ F- W U ~~ - ~ ~ ~. (2) The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. ATTACHMENTS: 1. Resolution PZ 93-13 2. Variance Permit Application 3. Site Location ~P a STAFF REPORT T©: P & ~ Commission PREPARED BY: La Shot/Harvey HATE: ,April 6' ', 199'3 RESQI,UmY(7N Na P~ 9314 APPLICANT: Steve C. Gilles PO BOB 2738 Renai, Alaska 99611 Requested Action Preliminary Plat :Legal description Lot 2, Block 3, Beluga S/D Present Zoning ' Rural Residential 1 (RR1) `CUrrent' Land Use Medium Density Residential ANALYSIS: This plat consists of two lots. Lot 2-A is substandard due reasons explained in Staff Report for Variance (PZ 93-13). ~ Note 1 & 2 refer to a reservation easement which was removed by .City Council on April 4, 1993 (attachment #3). Approval of this plat would depend on the passing of Resolution PZ 93-13, which is a variance for lot size for Lot 2-A. ATTACHMENTS: 1. Resolution PZ 93-14 2. Preliminary Plat 3. Memo - Easement Reservation ~a'j CITY OF KENAI RESOLUTION NO. PZ 93-14 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 _ c,rr,r.FS AT)DTTTON was referred to the City of Kenai Planning and Zoning Commission by Steve Gilles and received on , and WHEREAS, the City of Kenai Planning & Zoning Commission finds: 1. Plat area is zoned RR-1 and therefore subject to said zone conditions, 2. Water & Sewer: Available 3. Plat (d'ss) oes no subdivide property within a public improvement rict subject to special assessments. There (~) is not a delinquency amount owed to the City of Kenai for a referenced property, 4. Installation Agreement or construction of improvements is (not) required prior to plat filing. 5. Status of surrounding land is (~) artially 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 14th day of April 1993. ATTEST: CHAIRPERSON Planning Secretary PLAT COMMENT SHEET RESOLUTION PZ 93-14 SUBDIVISION GILLES ADDITION CITY ENGINEER• ~~' ~~{- ~i ,c~~J'ri vGt l S~* O L/ ~G~ OP ~'` F77 1 ~ ~r ~Lsa ~- G!~ O ~ -~ ~'~-f ~ i L f.~ s ~ s~ e~i !lf= -~fj, :~~ '~~'etra.t ,~ 5Q@ ~^-c f~ f"~. ~(~ p0'I'F ~d"~ t ~e/N / ~I /`~~-tF /~.l'1cL-t cl ~ . BUILDING INSPECTOR: y1/p 6 u , %~i :-, y s fix. ~s ~ o.~ ~'rrc ~o ~7 i PLANNING COMMISSION: m d, ~~ ~ ~ m o .~ ° ° W E M v o o x ° o o O ~n~no o N r•1 N M ~~ b 0 a~ ~ X O O rl .I: 41 V' N ~~A ~ ~ O O .•~ O = ~ ~ C ~ 'Ow ~ 3 C 6 m ~ -aCaEi l -r m~ ~ U H~,~ ~A ~, U '~ A ~ W "~ ~ W t0 ro ° ~, s ~ ~ 0 0 0 'o rn ~ 'a I 1 1 1 I I I I O ~O u~ in O I I •p m .C ~ N rl N i I ~ '"'I l~ ~ x R o oaa~ o3 m ~ H o o m b w ~ ~ ~ N N O . 01 O "~ N= - - ~ OulO O I ^ ~ O ~ •rl A ~ n fx ~ ~ ~ ~ AA O OVA 0 ~ 7 A S O O A O b O N N N ~ .A W m ~ O H mNma m o ~om+~ ~' O ~ ~ ~ ~ O N to O O t[1 ~ O Sa .-I ~ U' V~ a z z z l ~ N N M M m ~L b~ .a LI O N H N ~ ~ W 't3 z N A O v ~- .a m ~ ~ 0 0 0 0 0 0 0 - -- ~ ~ 'd °1 w v ~ (Yi N N ° O O 1 ~ ~ O - ~~ O da O N m s , E ~ . ., ~ ~ ~ I N t0 N N M M .,~ 'O m n I~ O~ ~ . i ~ ~ C 'N U ?i ~ •,.I . 0 ~ ~ 0 ~ O O W N U 41 O dP - to O N O O O '~ z z z O~ N ri N M M ,~ A S E 'Q Ip N O . ~ V' N N . LI.-I ~ ~ A O .a m O O 00 ~ E ~~ ~ ~ s, ~W O O O x o 0 O O - -- do " O m ~ O x O 00 1 1 1 ~ I I I 0 O~ ~n~o N r-1 N o M ~ M i ~ ro ~.. ~~ O d' N O ' A O 'O 41 A N N d . ~ b ~ m la W N O O .-I b ~" ~ +~ .O ~ p m • O m Z7 ro a o tr [ N ~ a~ ~° o m m y FC b ~~3 3 NA H ~ g~~'O Ob w A A 3 A . RC U A ~ H i' 3 O H N~~ ~ ~ O W •~ H rl H• ,• .~ ~., a a cr •-I •.I ~ E A H a V H x H A N N p .0 .0 3 A „ U ~~~ OBE E •.Im Ors; ~ w .u 3o mm W C ~~y) ~ ~ I O a G N f.a ~ N~ ¢' w Z. r~ ~ ~ Tr ~ k~ G4 VJ V] ~ F•i ~1 ~ 4/ W N Qi H X H ?C U tV ~ QI x ~ ~ .~" H N ~.. ,~ ~ ~ Q l1 U N ~ N Cl - d N . W 1 I d' O~ •a ~ ~n w W ~ U O Alfa ~ ~ ~ O -,~ p U U v1 `-' 0 ~- rn a cfl I U Q -J N ~.. ~ O z 3 `o `~i ~ ~ o Q Q ~ U z ~ v ~ ~ ~ ~ cn ~ ~ J N W v ~ Z ~. O N O :~.. O ~ ~ N ~ N C N O O ~ U a ~ a o 0 ~. y = c ~, o ~ ~ ~ ~ 0 ~ 7 s ~ C w C . ~ O o U - ~ ~; - N~ . Q ~ cn ~ o ° ~- ~ ~~ \ ~a W o ~~ ~~ o 00 ~~ ~, ~ w ~ . ~ ~ ~ ° oa Q ~ ° v-+ y y--~ o ~ W ~- C ~~ ~ C ~o ~, ~----~ o E v ;m ~ ~ ~ ¢ ~ ~ Q ~ v ~ ~ °' ~ ~ N fn ~~ 1~~~-1s ~~-~Ni~~ ;,,`,~ ,~~ ~ <<00\Oo0 S o~SZ OO ~0 ~ T LL ~\ C~ O O F--- O ~ ~ ~ ~ ~ O O 0 00 50~ W O ~ O ~ O -F-J OT (~ ~- V J ~_ O ~ ~ V 1 +~ ~\ O ~ ~ . ~ F--- \ O ~J N O ~" ~b~ 0~~ M <<00 ~5Oo0 N O O ~ F-- O O C~ O O O N F--- ~I~LrS ,Ai~DIT10N I A resubdivision of Lot 2 Block 3, Beluga Subdivision Owner: Steve Gilles SOUGH tf t Located within the SW 1 /4 section 33, T6N, R11 W, S.M., Ak., the City of Kenai and the Kenai Penninsula Borough. Containing 48,219 Sq. Ft. i SWAN SU R VEYI N G P.O. Box 987 SOLDOTNA, AK. 99669 PHONE 907-262-1014 DATE SURVEYED SCALE 1 n-30i D NASD k _ t K.P.B. F(l.E N0. Bob No. 93.20 DKI~SIR CRECORDMG v- i ~ ~ ~`~ 1-This Subd N ~ ~ Kenai ~°c r,~o T6N ~~~ ~`~ T5N CITY ~~ f Kenai ~ wv~ ~~ / VICINITY MAP sc~ ~ " _ ~ Mite 940 N 01~S 1. No permanent structure shall be constructed or placed within. an easement which would interfere with the ability of a utility to use the easement. 2. Front 10 feet of building setback adjacent to rights-of-way is also a utility easement and the entire setback to within 5 feet of side lot lines for anchors. I~iii ~~ nnniTin~i t~j ca.- MEMORANDUM DATE: March 30, 1993 To: Mayor John Williams iC®nai city Council FROM: Planning and Zoainq Loretta Harvey, Administrative Assistant gE: ~g RESERpATION - STEVE C. GILLES At their meeting of March 24th the Commission decided to follow Staff's recommendation to forward this matter back to the City Council with Commission comments regarding removal of the reservation. However, the Commission had no comments, so I am sending it back to Council for action. ~°G'~' ' ~ CQ3 ~ ~ ~ ~ ~~ ~~ ~a~ . ~a STAFF REPORT TO'z P & Z Commission PREPARED>BY: La .'.Shot/Harvey DATE: April 9, 1993 RESOLUTION NO``. PZ 93-15 APPLICANT: Dan Roberts PO Box 1913 Kenai, Alaska 99611 >Requested Action Resubdivision of Lot 3A-1 of Baron Park S/D Addn. #8 ::Legal Description' Located in the S/W 1/4 SW 1/4 of Section 33 T6N, R11W, S.M. AK Present'Zoning ' General Commercial (CG) Current Land Use Commercial ANALYSIS: Pizza Hut and CICADA are presently located on this property. Lot 2 is a new parcel which will be the site of another building. An as-built showing building locations will be available at the meeting. Appears to meet KMC requirements. Base approval on City Engineer comments which were not available for packet (available at meeting). ATTACHMENTS: 1. Resolution PZ 93-15 2. Plat C:\WP51\DC~CS\PZ1993\STAFFREP ~~'~:~ CITY OF KENAI RESOLUTION NO. PZ 93-15 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 Baron Park S/D Add. # 8 was referred to the City of Kenai Planning and Zoning Commission by swan Si,rvey,nq and received on 4/9/93 , and WHEREAS, the City of Kenai Planning & Zoning Commission finds: 1. Plat area is zoned General Commercial and therefore subject to said zone conditions, 2. Water & Sewer: Available 3. Plat (~~es) oes not) subdivide property within a public improvement distric subject to special assessments. There (~) s not a delinquency amount owed to the City of Kenai for the referenced property, 4. Installation Agreement or construction of improvements is (not) required prior to plat filing. 5. Status of surrounding land is (rat) artiall 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 14th day of April 1993. ATTEST: CHAIRPERSON Planning Secretary LL t ~ N U L °y »~ ~j vj 3 Z ~ Z -n -° N ~ ~ •~ .._, o 0 (~ O w U ~ ti ~ L ~ o 0 ~-., 0 z ~ z ~ Q z O ~ 4_ W ~ N ~ Q Q U _ ~ ~ C~ W a~ N O •.+ N a~ 0 ~ L .C U ...,~ C •3 v Y U C O . ~ - -«.~ ~, ~ O N m v 0 a~ -._. i= ~--~` Lf~ O z a m r- z U O Q ~ m o~ ~~ ~t ~/ ~i 'nyny~n' Q7 C i..~ ~ nnn Q i Q 3 O CD ~ni~a l~~~i~~ nn~~9z M _t£.BQZ N O tD n N Y v C O 'O Q M ./ J t O Y V/ ., •> N N Y ~n `v ~ d m Z o `o m v~ c 'C D m w O Vf .y v m IVlll~l I/'1LL h. JYY/'11V REGISTRATION N0. LS-6940 CERTIFICATE of OV I hereby certify that I am the 0' R/w described hereon and that I he grant all easements to the usl Dan Roberts Notary's Acknowledgement Subcribed and sworn before me on this day W of 1993 ,for >_ F- NOTARY PUBLJC FOR W MY COMMISSION EXPIRES U_ IY U 60' R/W ~~~OM~~ Dt F APR - 9 1993 PLANNING DEPT. PLAT APPROVAL Centerline This plat was approved by the KENAI PENNSULA BOROUGH PLANNWG COWAISSION of the meeting of KENAI PENINSULA BORWGH BY Authorized Offidd _ .'6• _.. .... ~ f.e SERVICE ADDITION RESUBDIVISION OF LOT 3A-1 of BARON PARK SUBD. ADDN. N0. 8 Owner: Dan Roberts P.O. Box 1913 Kenai, Ak. 99611 Located in the SW1 /4Sw1 /4 Section 33 T6N, R11 W, S.M., Ak., the City of Kenai and the Kenai Penninsuio Borough. Containing 1.949 acres. SWAN SURVEYING P.O. Box 987 SOLDOTNA, AK. 99669 PHONE 907-262-1014 DAZE SURVEYED SCALE 1._~~ ORAFlED ~ I YAS K.P.B. FAE NO. BK N0. 93.02 Job Na 93.22 ItD~iAi REOORDWG DI51IilC'i ~I,t-7 `~ r ,~~Y- ~G` _ ~„ . 1791-1991 ~ ~ CITY OF KENAI ~, ~~a~ e~~ ~ ,~~~„ __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283-7535 FAX 907-283-3014 MEMORANDUM TO: Kenai Planning & Zoning Commission FROM: Kim Howard, Administrative Assistant DATE: April 6, 1993 FOR: April 14, 1993 Meeting RE: Lease Application Approval - James S. Doyle Tract A, Gusty Subdivision #3 Lot 3, Block 3, Gusty Subdivision #4 On April 5, the City received two lease applications from James H. Doyle for the above referenced properties. Mr. Doyle currently leases these properties. The leases expire on June 30. The appropriate good faith deposit and filing fees have been received. Attached is a map depicting the area. The Federal Aviation Administration recommends this area remain free and clear of all obstructions. The FAA allows the City to issue short-term (10 year) leases to be cancelable for any reason by the City with 90-days written notice. This is to ensure the leases have no effect on the airspace or navigational use. The applicant proposes to continue to store trailer vans on the properties. If the applications are approved by the Planning and Zoning Commission and the City Council, an appraisal will be ordered and reviewed by the Federal Aviation Administration. Does the Planning and Zoning Commission recommended approval of these lease applications, with the leases to be cancelable for any reason by the City with 90-days written notice? Enclosures /kh cc: James H. Doyle C:\WP51\LEASES\MEMO.P&2 F4R CITY USE OlUL,Y DatQ 1zecQiv~ed 6 9 CITY OF KENAI ~~- ~ ~ ' 210 Fidalgo Ave., Kenai, Alaska 99611 283-7530 - ignatux+e and -t~.tle) LEASE APPLICATION Name of Applicant James H. Doyle Address P•0. Box 582, Kenai, AK 99611 Business Name and Address Kenai Peninsula Borough Sales Tax No. N/A (if applicable ) State Business License No. (if applicable) N/A Telephone 283-7957 Lot Description Tract A, Gusty Subdivision #3 Desired Length of Lease 10 Property to be used for Trailer Storage Description of Developments (type, construction, size, etc.) N/A Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date N/A Proposed Completion Date Estimated Value of Construction $ Date: _y~~~9~ Signed: ,., /~_ ~~~ Date: Signed: 1 ~,~~ _1 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"= 50 ft.~, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas) } 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 r~/~- BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 __j Description of Property ;%~ ~~ CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost ~~ ~ ~~~ ~e~t~~ ~~ Z one d f o r L~~iri,~-,~~i~~,/ Permits required ~~~ Assessments ~~ Insurance required ~~~ ~tj Construction must begin by ~j~~ y,~2r~~~-~~ Completion date for major construction / ~i ~ THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commission Approval: BY~ , Date of Approval Chairman City Council Approval: BY~ , Date of Approval City Clerk 4 F4R CITY USE ONLY DatQ RecQiv~ed ~ CITY OF KENA~ ~ ~ oo~ 210 Fidalgo Ave., Kenai, Alaska 99611 283-7530 -- igna title) LEASE APPLICATION Name of Applicant James H. Doyle Address P.O. Box 582, Kenai, AK 99611 Business Name and Address Kenai Peninsula Borough Sales Tax No. N/A (if applicable) State Business License No. N/A (if applicable) Telephone 283-7957 Lot Description Lot 3, Block 3, Gusty Subdivision #4 Desired Length of Lease 10 Property to be used for Trailer Storage Description of Developments (type, construction, size, etc.) N/A Attach development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date N/A Proposed Completion Date Estimated Value of Construction $ Date: {/~,~93 Signed: ,~,~, /~. c4~o Date: Signed: 1 N~~. _) CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"- 50 ft.-~, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: 1. Existing buildings 2. Proposed buildings 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation and/or proposed planting areas) ~ 5. Building set backs 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on-site access) 8. Location of sign(s) - sign permit required 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 N~~ BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Note: If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 Description of Property ~~~, ,~~~/ ~ ~a~ ~~~'~. CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual. rent rate or cost ~~ ~ :~~•'~i ~~~G~~r ,~.P Zoned for ~ ~~ ~~,~~~ ~'~ Permits required ,~~_ ' Assessments `~~~, Insurance required ~~~ ~~ Construction must begin by ~df- ~,~~~~,~~%~~ Completion date for major construction ~~ era THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commission Approval: BY~ , Date of Approval Chairman City Council Approval: BY~ , Date of Approval City Clerk 4 /~~ / ~ TRACT V ~ S~ijtt~ • v .~. TRACT III ~ /~ ``'.• • . ~ :::~ ~•:. I~C TR• e J •• ~• \ e? G y ! , i~ ~ ,. ! ~ ~ ~ U . G(i GUSTY SUB. # 8 LO g .- r ~~.~?7 ~ ~~~ do sTt •~ ~: ::Mq....,.. c -~ ~. s ..~. r,~ c ,` ~~iu~r `~ 6 MEMORANDUM DATE: April 7, 1993 TO: PLANNING AND ZONING COMMISSION FROM: LORETTA HARVEY RE: POSSIBLE CODE VIOLATION - SIGN - RENAI ONE HOIIR PHOTO On approximately April 1st the Planning Department received a complaint regarding the above referenced business. There is an older vehicle parked in front of the business (possible in the ROW) with a sign attached that advertises an overnight special. Signs attached to vehicles are not specifically addressed in the code, so therefore are not allowed according to KMC 14.20.220 Signs and Advertising Devices: (b) Prohibited Signs: (10) Signs not mentioned in this Code are prohibited. DOES THE PLANNING AND ZONING COMMISSION WIBH FOR THE PLANNING STAFF TO TARE ACTION ON THIS MATTER? 1781-1991 CITY OF KENAI __ 210 FIDALCaO KENAI, AUISKA 99811 TELEPHONE 283 - 7535 FAX 907.283-3014 April 5, 1993 State of Alaska Department of Natural Resources 3601 C Street P.O. Box 107005 Anchorage, AK 99510-7005 RS: ADL 36127 aad 51387 - Quandt Our office is in receipt of a letter sent to William A. and Dorothy D. Quandt, dated November 24, 1992 (attached). In that letter you asked the Quandts' to come into compliance with the KMC, by doing the following: "Please contact the City of Kenai for information concerning a conditional use permit and construction of a fence around lots 7 and 8, Block F of the Beaver Creek Alaska Subdivision. In accordance with your lease stipulations, you need to comply with the local building or zoning authority which is the City of Kenai. Failure to comply is considered a breach of your lease agreement which may result in termination of the lease." The Planning Department has not heard anything from the Quandts, and no effort has been made to comply with the KMC. Your letter stated that failure to comply with the lease could result in termination of the lease. We feel it would be appropriate for your department to begin the termination of this lease. Sincerely, ~~~~G~ J ck La Shot City Engineer JL/lh WALTER J. NICKEL, GOVERNOR DEPARTMENT OF NATURAL RESOURCES D1V/SION OF LAND SOUTHCENTRAL REG10N November 24, 1992 CERTIFIED 1VIAII, RETURN RECEIPT REQUESTED William A. Quandt and Dorothy D. Quandt, Personal Representative for the Estate of Calvin Quandt PO Box 1046 Kenai, AK 99611 Re: Land Lease ADL's 36127 and 51387 Dear Willimn A. and Dorothy Quandt: 3601 C STREET P.O. BOX 107005 ANCHORAGE. ALASKA 99510-7005 I am enclosing a copy of a letter from the City of Kenai dated August 26, 1992. They have received complaints about the. junked vehicles stored on the referenced leased property. There is a municipal code which prohibits the storage of junked vehicles in a location which is visible from a city or state road. However, a conditional use pemut may be granted to lessees or land owners who maintain junk on thew property if a fence is constructed wluch obsctues sight of the items from passersby. Please note the following stipulations of you- leases: 7. The Lessee shall not corrunit waste or injtuy upon the property lease herein. 9. Should the lands herein leased lie within the j~uisdiction of any authorized building or zoning authority they shall be utilized in accordance with tl~e ntles and regulations promulgated by said authority. 16. If the lessee should default in the performance of airy of the terms, covenants or stipulations herein contained...., and said default shall not be remedied within 30 days after written notice of such default has been served upon the lessee by the lessor, die lessee sh~dC be subjected to such legal action as the lessor shall deem appropriate includin~~ but not limited to, the forfeiture of this lease... 10-J16LH William A. Quantdt, etal November 24, 1992 Page 2 Please contact the City of Kenai for information concerning a conditional use permit and construction of a fence around Lots 7 and 8, Block F of the Beaver Creek Alaska Subdivision. In accordance with your lease stipulations, you need to comply with the local building or zoning authority which is the City of Kenai. Failure to comply is considered a breach of your lease agreement which may result in termination of the lease. Thank you for your cooperation. Please send us a copy of ycur conditional use permit when granted. Sincerely, ~~ Richard B. Thompson Regional Manager Enclosure cc: City of Kenai i~ /o a. AGENDA RENAI CITY COIINCIL - REGIILAR MEETING APRIL 7, 1993 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) C. PIIBLIC HEARINGS ~~ 1. Ordinance No. 1532-93 - Increasing Estimated Revenues ~, and Appropriations by $40,000 in the General Fund for Roof Repairs to the Public Safety Building. D 2. Resolution No. 93-16 - Proclaiming 1993 as the "Year of /~ Beautification" in the City of Kenai. 3. Resolution No. 93-17 - Authorizing the Execution of the ~~~ C• Fisheries Business Tax Allocation and Disbursement Agreement. ~. Resolution No. 93-18 - Supporting HJR1 and SJR6 Which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska by Approval of Two- Thirds of the Votes Cast on the Proposed Amendment. ~, Resolution No. 93-19 - Supporting HJR7 and SJR8 which Authorize the Use of the Initiative to Amend the Constitution of the State of Alaska (by a Majority of Votes Cast) and Amending the Requirements Relating to Applications for Initiatives and Referenda. -1- 6. Resolution No. 93-20 - Supporting HB125/S889 and ~~ ~ HB124/CSSB88 Making Appropriations Available for Capital Project Matching Grant Programs and Establishing a Local Share Requirement for Capital Project Grants to Municipalities, Named Recipients, and Unincorporated Communities. ~ ~,~i~•7. Resolution No. 93-21 - Supporting SSHB157/SSSB116 and SSHB156/SSSB115 to Establish the Educational Facilities Maintenance and Construction Fund and Make Special Appropriations to that Fund. ~~ 'Sti R®solution No. 93-22 - Supporting HJR19 and CSSJRI8 to Establish a Transportation Fund. ~~ 9. Resolution No. 93-23 - Awarding the 1993 Lease of the ~G Kenai Public Dock Station No. 3, Dock Area, Parking Area, Office, and One Crane to Fishhawk Fisheries for $12,000 or $.04/lb, Whichever is Greater. ~~~~~ 10. Resolution No. 93-24 - Transferring $1,870 in the Airport Land System Fund for Advertising. ~_ 11. 1993 Liquor License Renewal Application - Pizza Hut #9 - Restaurant/Eating Place. 0~~/Q~,,~t~. 4 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. MINQTES 1. *Regular Meeting of March 17, 1993. F. CORRESPONDENCE Q. OLD BIISINE88 H. NEW HII8INE88 1. Bills to be Paid, Bills to be Ratified -2- ,~t~^~/~ 2. Purchase Orders Exceeding $1,000 3. *Ordinanoe No. 1533-93 - Increasing Estimated Revenues and Appropriations by $2,453 in the Senior Citizens - Borough Special Revenue Fund. 4. *Ordinance No. 1534-93 - Increasing Estimated Revenues and Appropriations by $64,000 in the Water and Sewer Special Revenue Fund for a Solid Waste Leachate Evaluation. ~~~~ 5. Discussion - Assessment Petition - Bumblebee Avenue & 29th Avenue. ~~j~,yed~' 6. Approval - Easement Reservation Request - Lot 2, Block 3, Beluga Subdivision - Steve C. Gilles. ~~ ~~( 7. Approval - Assignment of Lease - Counter Space #16, ~°/`~ Airport Terminal - From Johnny Jackson & Artha L. Koerber d/b/a Payless Car Rental to Michael R. Routt & Roxanne R. Routt d/b/a Payless Car Rental. ~y~! 8. Approval - Assignment of Lease - Counter Space #20, ~~ Airport Terminal - From Cheryl Jackson d/b/a Budget/Sears Rent-a-Car to Garrison Corporation d/b/a Budget Rent-a-Car, Johnny Jackson, Ed Wehrstein and Artha L. (Bonnie) Koerber, Individually. I. ADMINIBTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DIBCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- TO DO LIST: PLANNING AND ZONING COMMISSION 199.3 Y~ ,~ NOTES: