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HomeMy WebLinkAbout1993-07-14 P&Z Packet RENAI PLANNING & ZONING COMMISSION July 14, 1993 - 7:00 P.M. City Hall Council Chambers AGENDA 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - June 23, 1993 4. PERSONS PRESENT SCHEDULED TO BE HEARD a. Kathy Scott - Cheap Tow 5. PUBLIC HEARINGS a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D b. Res PZ 93-30: Sign Variance - Kenai Baptist Church 6. PLANNING a. Res PZ 93-28: Replat - Petersen S/D No. 3 b. Res PZ 93-31: Home Occupation - Donahue ~ c. Landscaping/Site Plan Review - Kentucky Fried Chicken 7. NEW BUSINESS 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92) 9. CODE ENFORCEMENT ITEMS 10. REPORTS a. City Council b. Borough Planning c. City Administration 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMMISSION COMMENTS & QUESTIONS 14. ADJOURNMENT KENAI PLANNING & ZONING COMMISSION June 23, 1993 - 7:00 P.M. City Hall Council Chambers Chairman Phil Bryson 1. ROLL CALL Members present: Phil Bryson, Duane Bannock, Ron Goecke, Lori McComsey, Kevin Walker Members absent: Carl Glick, (One Vacancy) Also present: Jack La Shot, City Engineer Loretta Harvey, Administrative Assistant 2. APPROVAL OF AGENDA Additions to the agenda were as follows: 7. b. -Development in TSH Zone -Forget-me-not Senior Daycare 7. c. -Development in TSH Zone -Clarence Ladd MOTION AND VOTE: Goecke MOVED approval of agenda as amended and asked for unanimous consent. Bannock SECONDED. PASSED BY UNANIMOUS CONSENT. 3. APPROVAL OF 11+IINUTFS -May 26 1993 There was one change to minutes as follows: Page 15. under La Shot's statement should be 12,500 s.f. not 500 s.f. MOTION AND VOTE: Walker MOVED approval of minutes as amended -and asked unanimous consent. Bannock SECONDED. PASSID BY UNANIMOUS CONSENT. 4. PERSONS PRESENT SCHEDULED TO BE HEARD 5. PUBLIC HEARINGS a. Res PZ 93-23: Conditional Use Permit - 8-plexes in RS Zone CI~[~~MAN BRYSON introduced item and asked for a staff report. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 2 LA SHOT -reported this project will be in Ahlstrom Subdivision. The applicant will combine 3 existing lots in three locations to put 2eight-plexes on each site. If the Conditional Use Permit is approved they would combine three lots to make two lots. They will move the buildings from Wildwood, renovate them and make them rental properties. There has been some concern over lots that were supposedly designated Parks. They were vacated for park use. ***PUBLIC HEARING -VERBATIM*** MARY KECK - I live at 1201 Lilac in Bush Lane subdivision. And I have some concerns regarding eight-plexes going in. I read the information, I got a copy of the information, and I read it as being 3eight-plexes and he just said it was 6eight-plexes. Maybe I misunderstood the way it was worded. But that would make 48 units instead of 36. What I read was three eight- plexes and two six-plex units what the other variance permit is for. Hmm, that would make 48 units. My question is, will the Iliamna Road and the Gerdine Way which shows on the map be put in prior to the buildings being moved in? Because Cook Inlet View Drive is not a sufficiently heavy enough street to handle real heavy load traffic. Do they plan to have the main access to these new buildings off of the Kenai Spur Highway by Iliamna, or will it be through Cook Inlet View Drive? And also, where will the water mains and the sewer lines for these units be connected? Ahh, are they going to come from the Kenai Spur Highway down Iliamna Road or were they going to come over to Cook Inlet View Drive? Our water pressure, at times, is very low into Bush Lane Subdivision already. I don't think the water lines are sufficient and I would certainly hate to see our streets torn up again for that to be done. We've had them torn up several times. Another question is, if they put in these units are they going to have sufficient off-road parking for two cars per unit, since most families now have two cars? Will the area be clear cut, or will some trees be left? And is there going to be a designated playing area? With that many more families moving in, most of them will probably have children and our streets now are very heavily traveled and we have slot of children playing on the street, riding their bikes in the intersection at Cook Inlet View Drive and Lilac Place, or Lane as some people call it, is extremely dangerous at this time. In fact, I have had to go out and remind kids to not throw their bikes in the intersection and not to lie down in the street and play there. Because cars ignore, alot of cars ignore, the speed limit signs and they come down and whip around that, we know, we've had our fence taken out and we've had cars run up into our yards. Those are the main things that I'm concerned about. I know that progress is going to go on and people are going to build and if they have land they want to do something with it. But I would certainly like to see some very careful planning done and some very careful planning brought into this as well as environmental. Thank you very much. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 3 BRYSON -Thank you. Jack are you able to address any of those at this time? LA SHOT -Unless we had a requirement from Planning and Zoning Staff would probably have them improve Iliamna Road from Cook Inlet View Drive to the Spur Highway and a short piece of Gerdine Way, as far as roads. The sewer would most likely come from Cook Inlet View Drive, in fact it would just about have to. It would come down as far as it needed to, to serve the buildings. The water would come from Cook Inlet View Drive down Iliamna and loop to a stub we have on the Spur Highway. I wanted to have a loop there. Actually it may improve the water pressure out there. As far as the off-street parking they'll have to meet that (requirement) when they apply for a building permit. Play or park area, that's something that probably P&Z should address. Did I miss anything there? BRYSON -Yes, Ms. Keck? KECK -Question - I didn't understand, when you say the water and the sewer will come down Cook Inlet View Drive, you don't mean that you're going to hook on there at ...Right now those buildings that are facing Cook Inlet View Drive on the Ahlstrom side get there water from across us, down Lilac. LA SHOT -There's water mains stubbed past the paved area there on Iliamna. The developer would tie into those so we would not have to tear into Cook Inlet View Drive. KECK -Yea, but the water line would still be coming, the one that's coming down Lilac Lane? That's were it comes from. LA SHOT - We would make a loop from that water line back to the Spur Highway to another water line. BRYSON -They would continue the routing through he undeveloped area with the water. Other questions from the Commission? Other persons who would like to speak? Mr. Keck? EDWARD CALL - My name is Edward Call, the question has been in our subdivision, has been quit a few years ago, was is that five inch line that we had big enough for our subdivision, when we gave our system to the city? And now all of a sudden that seems to be big enough, now its going to be continued on. I'm for progress but I have some questions on these recreational facilities for that amount of people. Like the letter come to us it said three eight-plexes which is a total of 24. And now it's 6eight-plexes total of 48. Now these playground areas that the gentleman stated have been depleted. We had the same thing happen in our subdivision. We had it dedicated playground area, people with a big purse, and what have you had it re-surveyed and eliminated and they have asix-plex on there now. And, ah, some of these dedicated lots were from old man Ahlstrom, I guess he's still in Florida, he was for progress, but he was for families too, kids. And he did alot of dedication for play areas. And it behooves me that people KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 4 with big money, or big ideas otherwise, come in and change the whole thing. Yes, they had a hearing on taking our kids playground now that we're wall-to-wall kids on that road out there. And I don't think that they should allow anymore construction out there until we get some public use pazk for the children because it's dangerous out there. Another question I have, this outfall from the gathering line, what have you, that was repaired maybe eight years ago, the concrete head gate down there or what have you, all new pipe put in. First year it started deteriorating. The head gate is probably 150 to 200 foot from where the outfall of the pipe is and it's just continued running right up there and it's my understanding that that's the area where these eight plexes, these eight-plexes aze going to face towazd that area. But my biggest concern, really is the play area for that amount of children. Forty-eight more units in that azea would what, triple what the whole subdivision is right now? And we already have problems with kids playing in the street and (inaudible) automobiles. I think this should be looked into, and a place designated and built before these units aze ever opened up. Because it is dangerous out there and like I say the water system that we had, that we gave to the city yeazs ago, is five inches. It was rebuilt and put fire hydrants in, but than the big, I think this gentleman was part of the engineering on it (referring to La Shot) was a big contention was it big enough for a subdivision? Well, we fought like the devil to get it and we did get our water in there. But now all of a sudden that system is big enough for a whole bunch more. BRYSON -Thank you. Is there anyone with questions for Mr. Call? Anyone else who would like to speak on this item? Yes, please. AL MOONEY, I'm a foreigner I live all the way over in Soldotna. I have a couple of lots here, lot 16 and lot 9, which would appeaz to be surrounded by this project. Lot 9 would be surrounded on three sides .. . BRYSON -Could you give your name? MOONEY - Oh, yea Al Mooney, sorry about that; 35935 Forerunner, way over in Soldotna. Ahh, I bought these lots just to kinda hang on to them for awhile, since my money was not doing any good in the bank. Is this going to run my taxes up considerably when all these improvements go in? And are the eight-plexes going to depreciate my property? How much, what difference are they going to look across the Spur Road from how they look where they aze now, aze they still going to be military barracks or what? That's about all. Thank you. BRYSON -Are there any questions? Other persons who would like to speak? Seeing and hearing none we will bring it back to the Commission. Wishes of the Commission? PUBLIC HEARING OVER 7:25 P.M. END VERBATIM KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 5 MOTION: BANNOCK MOVED APPROVAL OF A CONDITIONAL USE PERMIT FOR RESOLUTION PZ 93-23 LOT Cr8 AND LOTS 10-12 BLOCK 14 AND LOTS 4~ BLOCK 15 CARL F. AHLSTROM SUBDIVISION. WALKER SECONDID. DISCUSSION BRYSON -asked La Shot if he felt the system was adequate for this development? LA SHOT -said he actually felt the water system would be improved if the loop was completed back to the Spur Highway. BRYSON -Would the road system need to be paved? LA SHOT -said that the city would probably not require that street be paved, but it might be best to have it paved since it will connect into a paved road. P & Z could also make a suggestion to complete Iliamna to the Spur Highway to help alleviate traffic on Cook Inlet Drive. Walker agreed with La Shot but did not feel that Gerdine Way would need to be paved. ANIII~iDID MOTION WALKER AMII~TDID THE MOTION TO REQUIRE PAVING OF IIdAMNA AND TO EXTEND THE WATER TO THE SPUR HIGHWAY. BANNOCK SECONDID. Bannock Bryson '.Glick Goecke Walker 1VIcComsey Vacant YES YES ABSENT YES . _ YES YES VACAN T MOTION PASSED UNANIMOUSLY. MAIN MOTION BANNOCK MOVID APPROVAL OF A CONDITIONAL USE PERNIIT FOR RESOLUTION PZ 93-23 LOT 6-8 AND LOTS 10-12 BLOCK 14 AND LOTS 4-6 BLOCK 15 CARL F. AHISTROM SUBDIVISION. WALKER SECONDID. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 6 Bannock Bryson; Glick 'Goecke 'Walker McComsey Vacant YES YES ABSEN'T' YES YES YES VACAN T MOTION PASSID UNANIMOUSLY. b. Res PZ 93-24: Variance Permit -Minimum lot size for 6-plex LA SHOT -reported that according to the Development Requirement Table the minimum lot size for six-plexes in the RS zone is 12,000 sf. Lots 9 & 10 are 11,250 sf which is 750 sf below the minimum. BRYSON -opened the meeting to public hearing by asking if anyone in the audience wished to address this Variance permit. PUBLIC HEARING -VERBATIM IDWARD CALL -Could we have the City Engineer get up here and show us on this board these areas which have been depleted that were designated play yards? Because I imagine the general public decides itself, I know of one that was already thrown out, years ago. BRYSON -Asked if Call would make his presentation so the Commission could ask questions. CALL -Edward Call, 1202 Lilac. I' m asking, I guess the Engineer to come up here and get on this board lay out where we can see where these lots were designated as play areas at one time. Now they've been depleted or thrown out or what have you. And they've thrown all the kids out on the street for a play area. I know one of them and, according to him, there are others and I think the public should know just what is going on. BRYSON - Well I suspect unless he's been asked the question in the last few days that he couldn't be able to come up with an answer to the question. I believe there was .. . LA SHOT - I believe they were lots 15 and 16. CALL - I have no idea where they are at, sir. Is this a new survey? LA SHOT - No this is not a new survey. This was put together by the surveyor of the existing plat just to show where the lots are. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 7 CALL -From the original surveys of Ahlstrom subdivision there has been one play area that was dedicated and it was eliminated by the City of Soldotna, or Kenai, excuse me. And it's my understanding, there must have been more the way he's talking. There were other play areas dedicated, or designated, or whatever your terminology is. But I think you people are not doing justice to our subdivision there by not letting us know. I checked the City Hall the other day and they said this was the latest survey 1991. Well, as far as the general public's concerned last one I remember was probably about 1980 somewhere out there. If I remember right, like I say, there's something going wrong here. The letter that I got said three eight-plexes now you push it through here, six-plexes. I think there's some scumgaldrin going on. Now mark my word. BRYSON -Jack, are you able to further address the question? LA SHOT -Well we have here minutes from back in 1977. There were evidently two lots, one in block 15 one in block 16 that designated for park, or had some park designation. Those were vacated back in '77, they went to the Borough Planning Commission, June 6th, 1977. BRYSON - In some cases, I can't speak to the item because I'm not looking at the original plat. The plat itself was kind of a general plan and was accepted by the platting authorities and some of the areas that were proposed may not have had a specific designation for public use and sometimes that clouds the title. In the past at times the municipality has felt it didn't specifically dedicate it for public use. That's kind of the rationale that's been used on at least one of the recreation areas on the Ahlstrom Plat. But I don't think, in the distant past as far as (inaudible). CALL - Well I think we ought to put afour-way stop light up there or some dang thing if this goes through, this subdivision. Forty-eight more units we will need some traffic control. BRYSON -Other persons who would like to speak on this item? Hearing and seeing none I would like to bring this item back to the Commission for action. Duane? PUBLIC HEARING ENDED 7:35 -END VERBATIM MOTION BANNOCK MOVED APPROVAL OF RESOLUTION PZ 93-24. GOECKE SECONDED. ***DISCUSSION*** BANNOCK -asked if the example of what would be sitting on the 11,250 sf lot would meet the requirements for setbacks, etc? LA SHOT -said they would not know for sure until a plot plan was submitted, but it would appear to meet the requirements. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 8 BRYSON -asked about the parking for the proposed activity. LA SHOT -said until the city receives a plot plan and building plan they can't look at these issues in detail. GOECKE -asked if it would be in the scope of P&Z to suggest that the developer provide a play area for the development? BRYSON -said he didn't know if it would be legal but it would be good planning. He wasn't sure the Commission had authority for that. Called for question. VOTE: Bannock Bryson Glick, Goecke Walker McComsey Vacant ' ; YES YES ABSENT YES YES YES VACAN T MOTION PASSED UNANIMOUSLY. BRYSON -explained the appeal process to the audience. MARY KECK - requested a copy of the minutes when they are ready. 6. PLANNING a. Res PZ 93-25: Preliminary Plat -Evergreen S/D LA SHOT -reported that this plat was related to a rezone which was passed so the City could develop RS-1 lots along Evergreen. These lots will be sold to help with revenues required for the paving of Evergreen, Haller, etc. . _ MOTION AND VOTE: WALKER MOVED APPROVAL OF RESOLUTION PZ 93-25: PRELIlVIIIVARY PLAT - EVERGREEN SUBDIVISION, KIM ADDITION. GOECKE SECONDED. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 9 Bannock Bryson Glick Goecke Walker McComsey Vacant >~ YES YES ABSENT YES YES YES VACAN T MOTION PASSED UNANIMOUSLY. b. Res PZ 93-26: Replat -Thompson Park Lot la Block 16 LA SHOT -reported that this plat removes the a lot line separating the two lots and a 20' utility easement to make a combined lot. The City has no problem with this and the Utility companies will have a chance to comment on this also. MOTION AND VOTE: GOECKE MOVED APPROVAL OF RESOLUTION PZ 93-26. WALKER SECONDED. Bannock Bryson Glick -Goecke Walker '' McComsey Vacant YES YES ABSENT YES YES YES VACAN T MOTION PASSID UNANIMOUSLY. c. Res PZ 93-27: Rhodes S/D LA SHOT -reported that this was a 2 1/2 acre parcel in the new project off 3rd and North Gill Street. The owners wish to make three residential lots from this parcel. Water and sewer is available and the minimum lot size in this zone is 7200 s. f. so there is adequate area available for this zone. MOTION AND VOTE: WALKER MOVED APPROVAL OF RESOLUTION PZ 93-27. GOECKE SECONDED. Bannock Bryson Glick'' Goecke Walker McComsey Vacant YES YES ABSENT YES YES YES VACAN T 1L 1T T• TT TrT~~ mv11v1~ r[~Jr.~ UPIHiViMVUJLY. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 10 7. NEW BUSINESS a. Petition to Vacate - Bailv LASHOT -reported that this item is the other half of a vacation that has been before the Commission before, as a vacation of a utility easement for Padgett in Lot 13, Caro Subdivision. The Commission approved that vacation but Council overturned the P&Z decision, because of objections from State and Federal agencies regarding access to the creek. These problems have been worked out, the owners have agreed to give some type of public access to the creek. MOTION: BANNOCK MOVED TO RECONIlVIEND APPROVAL OF PETITION TO VACATE FOR NATHAN AND GLORIA BAILY. MCCOMSEY SECONDED. ***DISCUSSION*** WALKER -Said he didn't anticipate changing his mind on this item. He knew that the people had worked out the problems with the concerned agencies but I can't see the applicant removing a right-of--way and than providing access. Once you remove that section line easement and that section line requirement these people are going to be able to close the access. That was the reason the Federal Government set up these section lines so there would always be access to these properties. He felt that in future years if adjacent areas are developed there won't be access to these properties. He was against removing this section line easement and urged the Commission to vote against it. VOTE: Bannock Bryson Glick Goecke Walker McComsey Vacant;, YES YES ABSENT NO NO NO VACAN T MOTION FAILED DUE TO LACK OF MAJORITY VOTE. 7b. Review of Development in TSH Zone -Forget-Me-Not-Senior- Dayc~ Center LA SHOT -reported that the next two items were received by the Planning Department too late to be included in the packet. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 11 La Shot referred to the letter from Kluge and Associates which explained that the Daycare Center is in the process of acquiring the Bailey Building in Oldtown. There will be renovation inside and out and according to the code anything requiring a building permit must be approved by P&Z. BRYSON -suggested that the Commission take five minute recess and review the large set of plans which Kluge had submitted. ***MEETING RECESSED FROM 7:55 TO 8:00 P.M.*** MOTION AND VOTE: WALKER MOVID APPROVAL OF THE DEVELOPMENT IN TSH ZONE FOR FORGET- ME-NOT SENIOR DAYCARE CENTER. BANNOCK SECONDID AND ASKID UNANIlVIOUS CONSENT. PASSID BY UNANIMOUS CONSENT. c. Development in TSH Zone -Clarence Ladd CLARENCE LADD -explained that he was wanting to restore the utility room on the log cabin on Main Street and Riverview Drive. The entrance will be replaced, a door added, and the corner cleaned up. He said he may live in the cabin eventually. WALKER asked what the addition would be built out of? LADD -Said it would built of regular lumber, 2x6's for the floor, studs, and rafters. He had not pursued this project previously because there was an old building next to this cabin which was a fire hazard. The building has been removed so now he wants to renovate the cabin. MOTION AND VOTE: GOECKE MOVID APPROVAL OF DEVELOPMENT IN TSH ZONE FOR CLARENCE LADD. BANNOCK SECONDID. PASSID UNANIMOUSLY. 8. OLD BUSINESS a. Resolution PZ 92-26: Rezone -See (Tabled 10/ 14/92 KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 12 9. CODE ENFORCIIVIENT ITEMS a. Ouandt Property Doug Hanke is in the process of removing these vehicles. A car crusher should arrive on site around the first of July. The City feels the lessee is making an attempt to come into compliance. b. Kenai One Hour Photo - Sign A letter has been sent to this business to remove a car sign from the premises. c. Rainbow Bar -Sign This sign has no permit and does not meet the code. The owner has been asked to come into compliance. d. Don Baker - 1010 Alaska Avenue Baker has been notified by Richard Beck, Building Official that his building permit may have expired and to contact the City. Baker has responded and should be coming in to talk to the Beck soon. e. Unauthorized Sian - CoYle's Landin There is also an unauthorized sign for Coyle's Landing on the Bridge Access Road. Staff will send another notice certified and regular mail since the owner has not responded to original certified letter. The sign appears to be in the ROW and the city can remove that sign within 10 days of receipt of the notice. The Council will reschedule a work session for the Townsite Historic Zone review which had been scheduled for tonight but was canceled. BANNOCK had some questions about item 9. Starting with the One-Hour Photo, he had read La Shot and City Attorney Grave's letter. The last paragraph of Grave's letter reads: "Although the code is somewhat ambiguous on this point, assuming the information I have on the vehicle's use is accurate, the FOTO-QUICK car appears to be functioning as a portable advertising sign" using the city's definitions. If the photo people came to you and paid the sign permit fee would you issue them a sign permit? LA SHOT - No. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 13 BANNOCK -Based on what? LA SHOT - It does not meet the requirement of a portable sign that is not a flashing electric, which is apparently all the code allows. BANNOCK but a portable sign according to the code "is a sign other than a temporary sign that is not attached to any building or structure. It may readily be moved from one location to another." That's not even close to that situation. So even though the title "portable sign" may be close to what that situation is, by definition that situation is not even close to a "portable sign". If we're going to use our own definitions. I think it's ironic when the City Council can say that our sign code is fine, yet our own City Attorney says it's somewhat ambiguous, so we just interpret it to whatever the situation needs to be. Now I don't like the sign but I've never advocated the position that my personal taste come into the decision making when it comes to signs. Bannock felt that the same thing applied to the Rainbow Bar sign. He asked La Shot if he would be granted a sign permit if he came in for one? LA Shot Only if they could show me that the sign was designed properly so it wouldn't fall off the building and that they were maintaining it. BANNOCK - If the Council is so concerned about signs, let's look at the sign code. Councilman Measles seems to thing that the answer to all Kenai's sign problems is in granting variances and I think the problem is in the sign ordinance. And in regards to Mr. Baker some of the items that Mr. Beck noted in his letter surprised me because I remembered it being for atwo-story building and approximately the same size, etc. LA SHOT I believe this body did review the two-story building but the permit was issued for one-story as Baker was building in phases. 10. REPORTS a. City Council -Not Available b. Borough Planning BRYSON -reported on Agenda Items, including: Several hearings had been held around the Borough about the classification of Borough owned lands. An area near Seward has been designated for recreation use, which does not preclude forest management, either. Various areas have been designated for resource extraction to prepare these areas for state reforestation plans. c. City Administration - As discuss in Item 9. KENAI PLANNING AND ZONING COMMISSION June 23, 1993 -Minutes Page 14 11. PERSONS PRESENT NOT SCHEDULED 12. INFORMATION ITEMS 13. COMII~IISSION CONIII~NTS & QUESTIONS BANNOCK I was concerned when I received the notice in the mail that the TSH work session had been canceled. The paper recently reported that the RV Park in TSH had been developed because the code has not been changed. He said he would be very happy when this process was finished. 14. ADJOtiIItNMEN'I' There being no further business the meeting was adjourned at approximately 8:50 p.m. Respectfully submitted, f~ retta H Administrative Assistant rr ~. STAFF REPORT TO: P & Z Commission `PREPARED BY: La Shot/Harvey DATE: July 1,.,.1993 'RESOLUTION NO. 93-29 APPLICANT: Ronald R & Deborah A. Rogalsky 308 Sunset Blvd. PO Box 35 Kenai, Alaska 99611 Requested Action Encroachment into sideyard setback Legal Description Lot 1, Block 1, Kiel Subdivision .Present Zoning Rural Residential (RR) Current Land Use Medium Density Residential ANALYSIS: At the point this encroachment was brought to the Planning Department the roof of the structure extended six inches into the neighboring property. Under the KMC an encroachment cannot be granted if it crosses a platted lot line. This house has sold several times and the encroachment has never been caught, because the other finance companies believed the encroachment had "grandfather rights". However Staff researched this property and we believe the house was built in 1972, the year the subdivision was recorded. The sideyard setbacks were 15 ft. at that time. The applicant is proceeding with removing the portion of the roof which crosses the platted property line and installing a firewall to conform with the UBC. The neighbor has agreed to sell a piece of land so the property will conform to the code but a sale is pending and the Baler/buyer prefer not to wait for the platting process to pass at the Borough level. RECOMMENDATIONS: Pass the encroachment as presented, with roof removed and firewall installed or request applicant to purchase additional property from neighbor and bring house into compliance with the code, thus eliminating the encroachment at the time plat is filed. ATTACHMENTS: 1. Resolution PZ 93-29 2. Encroachment Permit 3. As-built 4. Site Location C:\41P51\DOCS\STAFF.RPT ~• 1 CITY OF KENAI PLANNING & ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ 93-29 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: Ronald R & Deborah A. Rogalsky LOCATED: 308 Sunset Blvd - Lot 1, Block 1, Kiel S/D Kenai, AK 99611 BY: WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on 6/28/93 2. This request is on land zoned Rural Residential (RR) 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 7/10/93 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 July 1993. ATTEST: Planning Secretary CHAIRPERSON c:\wp51\PZ\encroach 1791-1991 ~. CITY OF KENAI „ail G'~~~.1 ~ ~4~~~„ ALGO KENAI, ALASKA 99611 ~~ ~ TE FAPX ON 283 301 q35 APPLICATION FOR ENCROACHMENT PERMIT NAME RC~v~.~.I~ ~ • ~ ~~ ~ . (1 ~.' STREET ADDRESS ~ Q ~ j uYl ~ ' ~ U ~'~,~ ~ MAILING .'..ADDRESS Q ~b ~j ~ ~~ P V~Ti-l. 6 + - O LEGAL DESCRIPTION ~~ ~ G~ k ~ ~~,~ ~~(~ ZONING'DISTRICT (Crcle,_1) - C CC CG RR RR-1 RR-2 RS RS-1 RU R IL IH RS-2 PHONE ~C.~ '~ ' ~ ~7~ 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 . ~' : ~ .a 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) A D D I T L, O N A L C O M M E N T S -003 3S Signature of Applicant: r ~~~~ ,~ ~. ~~ 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 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 COOK ' INLET 1sQ. fr 4 ,,. , ~ z,oT i B>f.x >t s.~. oi~ is ~ .t•11 n es ~~.; I-; :< cv v~ t- ,~ ~ ~ ^'• ~ .{' ,4 r 1 30~ N t ,- ~ `\ f V ' mil' o ~ ~_ ~~ l ;i i WEI.I t~ °, ~'' o ~ ~. ~:~' ~' 1 N 04'QI "44'E ~~ _~ ..-- o ~~~ - "' _ SUNSET BL'v'C~ _ _ ~:.~ _- - .~`-~:~;'L AS -BUILT CERTIFICATION DETAIL ~. .~ ~ OF q~'~t~ .~ ~ i ~4 I-~~ •~'-~ ,I~ ,.. ~... , ~,~ ~. ~ ~.., 'a'r~s.ato~ ~ ~ ~ S~~SSIONA~ ~~ ~ ~~~~~ ,amt- - y A;S~. ' ~„hereby certify that 7 have surveyed t_hs `';~'`:.1'ollowing described property ~ , r ,. ., ~ '` ``r ~I,OT 1, BLK 1 - KIEL SURD. 72-71 KRD h ~r ~ f 1I,K ~~,.'_~_ '~ ~` '`~ ~ ` aad Chet no enehroachments exise except ~~ '~-'~`~ -as' ~.udicated. Y ,: >.: }:... ~~~''~'r"It'. is..the responsibility of the owner tc ;:.:'~~ determine the existence of anv easements, w z_ J Y r w a 0 a a o.s' 1.3' Hse. ,; ~', ~'. LEGEND ~ Fnd. official monument ~ Fnd. rebar O '~vell ~ SepciC Vent Pipe i 1 1.+nr-n.•r1 ll~ru NOLLV1N3S3tld3tl R tl0 3Sfl kAN10 ANV tlOd a30N31N1 S~N`ii~ ON `~-~~ < ;~ lON SI ONV AlNO 3Sfi 1N3w1tlVd30 :a~iS 0~1~62'O-.7d' M ~ flNISS35SV H!]flOa08 Vlf1SNIN3d Y iVN3H tlOd 03tl1ld3tld SI d1IW SIHl ~~~~ .liV~f/S~~~'6' m 266 / d'O~ ~ ~f 6l 6~ 8~~ s 0 0 0 m ~ ~ ~~ a ~ ~ `~ N C ~ M7/y y ~C v ~ .vay .o a~ ~, a V _ ~ c~ m ~ to C O$ ~, '' Q Y d ~ M n O w U ~ c c r ~ ~ ` 3 3 ~ y' 0 0 V ! H N ~ w r ~i 1, v u ~c ~ N ~ E E k Z2 o Y~ ~: m~ o~ -®~ 8 0 . ~n ~: o QQ ~^ ~ ~ o~ Q s ~ ~. ° z o. ~. O ~ ' r O ~ O 0~ Y h ` ~ ~ Oti J O 0: ~ N .. DA R ~ ^ ~' ~ N O y ` ~ ~" ~ = pR1N O I(E ~ ,~ ~ w 0' ~ ti~ ~ y f ~~ ~ ~ ~ ~ ~ ~ ~ < ~ N ~ ~ ~ ti~O~ ~ ~! ^ v O ~ 8 e ` ~ , V ~ '~ ~ ~~ ~ ~ ' ~ N y O.- N _ a RJ e w ~ w f R R ~4 y,. y is ! 1~ y ~ V N ~ ~` ~~ M ~ h ~®~ - v ~ ~ ~~ ~ ~ ~ ~ a IB : .'`, a ` , 11 F~~1 ~ ~ V \ .~ ! w M (/~ S NORf '•_ ^ ( • ~ ~ ~ , 1 V / %V7Y aYls 7~~,Y IN~Fl /' ~a 1791-1991 CITY OF KENAI ~., "C~~l G'~ a~ r4~c~ , , __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE A public hearing on an Encroachment Permit (KMC 14.20.185) submitted by Ronald and Deborah Rogalsky, 308 Sunset Blvd. , for Lot 1, Block 1, Kiel Subdivision will be held on July 14, 1993, 7:00 p.m., City Hall council Chambers, 210 Fidalgo, Suite 200, Kenai, Alaska. Anyone wishing to present testimony concerning this encroachment permit should do so at this hearing or submit written comments to the City of Kenai Planning Commission, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to July 14th. 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 1791-1991 ~~~' ~_. b CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99811 TELEPHONE 283 - 7535 FAX 907-283-3014 STAFF REPORT TO; P & Z Commission PREPARED BY: La Shot/Harvey... DATE: 'July 1, ;,1993 RESOLUTION' NO. 93-3A APPLICANT: First Baptist Church PO Box 3412 Kenai, Alaska 99611 Requested Aeton Sign variance Legal Description Plat Survey, 73-95, Sec 36, T6N, R12W, SM Present Zoning Suburban Residential (RS) Current Land Use Medium Density Residential ANALYSIS: The church wishes to install a sign which the Building Official has classified as a Bulletin Board under KMC 14.20.220 (d)(2). According to the code: "Unless otherwise permitted in the zone, such signs shall contain no more than thirty-two (32) square feet in area." The proposed sign is sixty (60) square feet and would require a variance. RECOMMENDATIONS: Recommend approval. ATTACHMENTS: 1. Resolution PZ 93-29 2. Variance Permit 3. Sign Design 4. Site Location CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93-'.f0 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 FIRST BAPTIST CHURCH - SIGN VARIANCE located PLAT SURVEY 73-95, Sec 36, T6N, R12W, SM, Kenai AK applicant Pac+nr Wi 1 1 i am Mi 1 Pi~Gki 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 meeting6 ~~~~~e3quirements for a variance has been submitted and received on Z 2. That this request is located on land zoned Suburban Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning Code: Size of Sign exceeds 32 square feet per KMC14.20.220(d)(2) 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 Zand and/or structure. e. The granting of the variance is not based upon other non-conforming Zand uses or structures within the sale Land use or zoning district. 5. That a duly advertised Public Hearing, meeting thlelreq~r~rem~~~~ of Section 14.20.280 has been held by the Commission on J Y ~ y 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 July 1993. ATTEST: Planning Secretary CHAIRPERSON /y ~ * ~/\ ~//6 N \\JI _, ~ ))_ q 5 f ,~ ~'.~ I3ICEV'T'Eti tiIAL j/~ye ux~a ~ t= G'c~j m~a ~ufu~e! :; i1~1 DATE: 28 June 93 ~~a~ .3 ~_~ ~~~ PLAN~IIND DEPT. CITY OF KENAI 2 ~~~„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT NAME' First Baptist Church PHONE: 283-7672 MAILING ADDRESS: POB 3412, Kenai AK 99611 LEGAL DESCRIPTION OF PROPERTY INVOLVED: Plat Survey 73-95, Sec 36.T6N,R 1 ~ W,SM ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS 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 UNDERBTAND THESE CONDITIONS. 1. l„(~~ 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. (,~.~/1~~ 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. ~ 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. -~ 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. ,~j 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. (,~.f. 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: _~g,~~,,ill be located,if approved, 60 feet from front of church where indicated by "X" on attached drawing. Sign is 60 sq ft.. Drawing o~nroposed sign is attached. Applicant's Signature: ~/L/_,~~~ William C. Milewski, Approved: CHAIRPERSON Attest: Loretta E. Harvey, Secretary r `y ~ f, ~~a ~, v ~~ a f V y ~ ~ ~ (1 ~ i ; ~ i ~- ~- J (~ ~ . i '.~ i ~ > ~ \ ~ , ~£ . ~t. ~ ~ ~- ~ ~ ~ ~ r r U 1~ d ~' ~~"'- ~°:. ' l e 'Z ~ am- (. • r - ~. . r . I ~ _ r .. 'y ~ JT ._l ~. . •~~. . .. ~ ~ ~ t ~ ( 1 1 ~ ~' ~ r _ 7 ~. 1 1~ ~ ~ `tl J. -~r-,~ . ~~ ~C ~ M ~ :, ~ ,~,/ . ti 3 ~~ ~ ' / ~• ' I ~ ' ' ; . C ~ « _~ _~ a• ~ ~~ J c~"q6 kM~ .~ ~ ~1 f'd ..1 J V JQ o' 'OfG r ~ c0 0 o ~ ~ 0 S r,. M / ~, ` =" ~~ ~'; \ i c~ z Q O ~ ~ 1 rn b o ~' ~ ~ '~ ' ~~ O S / , 1:, i\~ O \ ~ ~0 >~•~ \ \ moo- got .~ Q / \ ~ ?'~ ~,, •,, ~~ ,~rL \ ~ ~ ~,' ~ \~M~, 60, ~ w M a'm ~ 3 ~ . S ~ p ~ ~ ~ ~k. 0~', rL ~ o~ 0 ~~ Q ao '~ ~C ~ ~ /s / ~8 ~ ,,~ M ti \ /g 5 ti 0 Z. ~ ~l/ ? ~ \~ Q \\ ~ ~ O S ~ ~P 0~ ~ to J~ 1 P ~ ~ „ ~ a ''~ ~ .. Y ~ 3 m~ ~ ~~ a`J ~ ~ ~~ ti ~ P h~ ~ ~ ` O O o ~` h ~ ~O 2 ~ ~ ~ ~ O S P~ e' i pG~ ~ m ~ o In M U d ~ 0~ P ' ~ n/ ~ O ~' c0 ~ V 9J(('~ 4i U m~ rn N P J J~ ~~o G \~ ® ~?L p ~ ~S h o ~ ~ rn '/ O ~ ~ ~ ~ O dF ~ ~ .` ~ y a N `j ~~.; ' ~ ~. a \(i ~'~ \~ ~2 ~ w a a ~ , ., l%; ''''~ ,oi p~c, u _ ~ ~ ~; a a o z . '.1 '' ;~ ~ <, i' ' ~ - ~ Q N ~ z a 2 W CJ ~ o cn ~ . . i r = 7 ~7 Q = ~ F = ~ Q ~ N ~ Q Y a 1 ~ C ~ ~ ~ Q ' _ ~ 1791-1991 CITY OF KENAI ~~ "a~a G'a~~r~il ~ r4~a~„ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 PUBLIC HEARING NOTICE A public hearing on a Variance Permit for a sign, under KMC 14.20.180, has been submitted by the First Baptist Church, Sec 36, T6N, R12W, SM, Kenai, AK, will be held on Wednesday, July 14, 1993, 7:00 p.m., City Hall council Chambers, 210 Fidalgo, Suite 200, Kenai, Alaska. Anyone wishing to present testimony concerning this variance permit should do so at this hearing or submit written comments to the City of Kenai Planning Commission, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to July 14th. For more information please contact Jack La Shot or Loretta Harvey at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAIISE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY rr w CITY OF KENAI RESOLUTION NO. PZ 93-28 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 PETERSEN SUBDIVISION NO_ ~ was referred to the City of Kenai Planning and Zoning Commission by KPB and received on J~,ne 25, 1 A9~ , and WHEREAS, the City of Kenai Planning & Zoning Commission finds: 1. Plat area is zoned Tsx Townsite xistoric and therefore subject to said zone conditions, 2. Water & Sewer: available 3. Plat-{~ees~-- des not subdivide property within a public improvement district subject to special assessments. There-(-ems-}- 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 shown 6. Utility easements, if required, are -(~e~ shown 7. Any existing structures must be shown on plat 8. Street names designated on the plat are-{~e~}- 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 SIIBJECT TO ANY NEGATIVE FINDINGS A8 STATED ABOVE OR ON ATTACHED STAFF COMMENT SHEET. PASSED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 14th day of July 1993. ATTEST: CHAIRPERSON Planning Secretary PLAT COMMENT SHEET RESOLUTION PZ 93-28 SUBDIVISION PETERSEN SUBDIVISION N0. 3 CITY ENGINEER• /Yo .%~.S-~clla{ o~ ct9rEC~Gr~r~ re~~.%-~o~ . C'~~y w~~~.- ci~~s~~v~~- ;_ CcvC~r'/~E It . BUILDING INSPECTOR: ~.~ . PLANNING COMMISSION: ' - ~ - f '~ . ~ - i ; , , .. .rY. - ... u+ ~~ ~ `. ~ / `'\ ~ 39 ' `~ SPRUCE ST. I ,' 1 \ ` R Varies j/ u.;, suRVEY ~`L / N0.192 `~ ~ / TRACT A t.~~j sr ` /^ ~ ~ / j N 90'00'00" E 00° k,1. E- ~ 6j~ ~yfl, ~ ` / ' 117.64' O~ ry'~~~j~/ `~~ ~~+ v ~ti (RAF) ~ ' ~ ® 0Oy~9 a ~ `-" Fl ~ G F! i': °' ~ ~ ~ w i\~A / G~\~ s ~ / / F9,s A~~ ~ J ~ r~ n ~ _ 3 ~ o' rn _ TRACT A-1B Bldg. TRACT A-1A c~ ~ SA,, a ~ `` 1.256 Ac. ~ o~` ~g'~O 38,178 S.F. ~~ '9; ~~! o d ~ ~~ ti JP .~. Z ~ ~ O F1 ~ ~ F , ~ GLO former lot Ime --i-i G `~1 p0 ~ ~''~ Fp3, Q Monu FORMER TRACT - ~ A-1 ~-S°~ ~ J !~ ~,~ ~~ TOYJNSITC 0= dtNAI ~ Foum ~ ~. ... L ~ ~(/ w `~~ ~ ~5i~ ~ w \ Q ~ ~R~F) India ~;o, gh ~ \ ~ K91 a ~ ~ 'c,~ ~ ~~~ . ~ °o ~ ,y z ~ ~, ~ ° '~~ goo, '9 ~ , NOTE J ~ only in ~~/~ ~ 18 AAc 21.57' N 89'56'54' c \\~~ '` \ \\~ j~ ~ 2) No N 89'55'30' W 165.19' ~ w ;'~ , 186.4;' ~5 `. o rov 3 ~R~F) ~ \~' ` .\ PP ~ ,~ q,Q ~ ,~T ~ ELK c, ~- ,\Z'\ ~~FS\~ _- 3) No ,- within ~H; ~ O ~~~ \ utility- i M '- - - - - - - - - ~, BEARING I DISTANCE 0 v \/~' '~\ ~,~E, OF q~, N 00'11'00 W 55.03' ' ~ ~~', ~ ~P N 4752'03" E 32.28' ~ _ - -- - - - - - ~ * 49~~ N 51'09'00' W 30.22' ! ~~ 0~~ N 51'09'00" w 51.68' ~ N •. '_ M. SCOTT McL. ~ ~ ~I~ J- 4928-5 ,~ ~~ `~rss ~ow~t HCATION ~ WASTEWATER DISPOSAL: 7I property Wastewater treatment and disposal systems must meet the regulatory apt this requirements of the Alaska Department of Environmental Conservation. ~d grant The Alaska Deportment of Environmental Conservation approves this subdivision for otatting. Name and Titie o+ Date Alaska Department of Environments Conservation. Approving Officio PLAT APPROVAL This plot was approved by the KENAI PENINSULA BOROUGH PLANNING COMMISSION at the meeting of May 20, 1993. KENAI PENINSULA BOROUGH By Authorized Official f 0 2.'. NM 7H Ttf D~' e /r /-~~ -JV~ ~ Lb ~ KENI~I GTY UNITS ~ i i 3 3t 30 i THIS SU8D.1 6 /~ ~ '. a 5 ~O KENAI t-----~ ~'r-~~ ~ 8 ~R l~C.~ f n VICINITY MAP J ~ Scale 1' ~ 1 MBe fF GLO monument recovered 3 1 /4" brass cap Q Monument designation ~ Found 1/2" rebar at property corner • Fnd. 1 /2" rebar with McLane do Associates cap attached. 0 Found 2" pipe filled with concrete (R/F) indicates record and found data are identical K 91-44 and K 86-103 NOTES '` 1} Water supply and sewage disposal systems shall be cermitted~ only in •corPfortnance with applicable requirements of 18 AAC 70, t8 AAC 72, and 18 AAC 80. 2) No direct access to state maintained ROWS permitted uniesa approved by State of Alaska Department of Transportation. 3) No permanent structure shall be constructed or placed within an easement which would interfere eith the ability of o utility to use the easement. ~P~~ OF A~~ ~/ S~ ~~I `49 ~~ 9* ~i N. score Ncul~ ~ , 4928-5 ~ ~ ~'e P A1rJIG1/ R~ GYST ar a nr .r .atrtsaD ir.,6toC~WE ~ A .MESS P.Q BbX I6C .531'AO7J1G~ AA: 9SIFd'9 ltf_. :;f .. ~: 33 ~ +,3 9 " ~= `-s. Preliminar Plat PETERSEN SUBDIVISION ~~~ ~ , ADDITION N0. 3 ~r~ A RESUBDtVIStON OF TRACT At PETERSEN SUED; - "~~' ~ ADD(110N NO.. 2 , , OWNER: JAMES A. ARNESS - , ~ P.O. BOX 1061 ~ ~=" '~`" KENAI, ALASKA 99611 ~ 2.135 Ac. M/L SITUATED IN THE SW1/4 NEi/4, SE1/4 NEi~ ._ , NW1/4 SE1/4, NEt/4 SE1/4 SECTION 6 TSN R11W S.M. AK.' THE C17Y OF KENAI, THE KENAI PENINSULA 80ROUGii" AND ,` THE KENAI RECORDING DISTRICT. -`. '_;~ surwyM Ats • Md.aM and Awoeiaw ' Bey 4i8 SkAdeuN, AK 99889 - .. . ;~~ DATE of SURVEY {~ AIO.. Burg. No. - ~,' . s/o~,r9s = ss ~ ,~ -,,, ;; 9t--13 ~32A15 ^;t~,,~ OraEn by ~ Saute i4~.B. File Noy _ x '710 - _ rw ~• • [ .~'_~ 1791-1991 ~~ CITY OF KENAI _ _ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283-3014 STAFF REPORT TO: P & Z Commission PREPARED BY: La Shot/Harvey DATE: July 9, 1993 RESOLUTION NO. 93-31 APPLICANT: Joseph Donahue 3070 Rim-n-Anq court Kenai, Alaska 99611 Requested Action Home Occupation Permit Legal-Description Lot 21 A, Block 4, Basin View S/D Present Zoning Rural Residential (RR) Current Land Use Low Density Residential ANALYSIS: The applicant indicated this is basically a consulting business. No actual business takes place on site. The applicant prepares seminar materials and travels to different sites to present the seminars. Total Square Feet (SF) for home 2,800 portion to be used for occupation 132 SF. RECOMMENDATIONS: Recommend approval. ATTACHMENTS: 1. Resolution PZ 93-31 2. Home Occupation Permit 3. Site Location ~b j CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION PZ 93-31 HOME OCCUPATION PE;RNIIT 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 JOSEPH P. DONAHUE LOCATED 3070 KIM-N-ANG COURT WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec 14.20.230, has been submitted and received on ~~7~g3 2. That the application has been reviewed by the Commission at their meeting of ~~~q~q~ 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 14th day of July 1993. CHAIRPERSON ATTEST: Planning Secretary 1791-1991 ~`" /~ CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 Date : J w` ~ ~ , / l ~ 3 HOME OCCUPATION PERMIT NAME : J o s e p ~- ~• l.~ d H a Gi u~ PHONE 28~-~'US / ADDRESS : 30 7 U ~" ~ N ~ ~ ~ 9 ~-~. LEGAL DESCRIPTION OF PROPERTY: L-o ~z/A ~ ~j~ot l/. ~l ~r,'.. U`~'~ -S`~~ ~ l/ DESCRIPTION OF OCCUPATION: ~o K.r4.-l~~ ' ~a v I _ ~-a ~. / ~« ~J s ° 6r~ ~ ,' ` ~1 wt 1 ~~ "/ou r ~ ~ ,~+~ S ~~+ .-rX K.e..t b tc 4ZP S (/V ~~1-c .~. ~.I' ~f ~,S 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 30~ 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: o~ .~ ~ \ `. `4-1 ~- } " ~ v ~ ~ 0~ ~ ~ W b z ~ vV), ~ ~ '~ ~ ~ 1 J ~ • ~ ~ p. i f~-• ~ J • 1 , y \ V J` J ~ J \ \ J ~ , vl / ~ / i ~ ~. . ' ~', J v , l i N J ~ ~ ~ 3 J J J n t '` v J ~~ ,• Cl ,C ~ 3 ~-•~J ~ J v n ~• ~ ~ ~ p yo N ~ f J y' 1 -A ~ 1) '.~ b O V © ~ ~ , \ O ., J ° 5 f ~ ~ J N ~ ® Q O ~ ~" ~ O . ~• O • ~ h•1n I' •~~ ,tom ' 1 ~~Y ~ a ,~ _. 1 .. v J ~ - Q, ~, m CO ~ •"~ t . r ~' . 2r~ve. '~ ~~ ~ SOH ~70Q +kl v '~.~. ,~ 1 J ~ cl ..1 P J ~ wl Q 1 ^ N ~ ~ N Q`, O .,..~...~ o M l N C O -t 9 t s• F r ~ S1oT Ir,....',~ Z~'~pi E/.! at~d SnS (Yl~'M N/Sd~ ~, qoI . ~G STAFF REPORT -TD: P & Z Commission 'FREPARED'BY: La Shot/Harvey DATE:.. ... July 9,'1993 RESOLUTION NO. N/A APPLICANT: Neal Hayes (LPS Builders) 110 S. Willow Renai, Alaska 99611 .Requested Action Landscaping/Site Plan Review Legal Description Lot 2A, Baron Park S/D No. 9 Present Zoning. General Commercial (CG) Current Land Use Commercial ANALYSIS: This is the site for the Kentucky Fried Chicken restaurant. RECOMMENDATIONS: Approval if site plan meets criteria. ATTACHMENTS: 1. Application 2. Site Plan (to be hand carried) ~~~ LANDSCAPING/SITE PLAN REVIEW APPLICATION :;APPLICANT 4 ~ e ~ . ~l~(er^ s ADDRESS' ~ ~ MAILING O ~ ~ ' ~ ADDRESS L~LQ, ~ PHONE ZONING C RR RR-1 RS RS-1 RS-2 RU CC CG 'DESIGNATION IL IH R (Circle one) LEGAL PROPERTY ' ~~~ p // ~?~~~,~ ICJ ~~~~ ~/~ ~/ ~ ~ ~ OWNER ,1~~,.,~ ~' Please include the following in the Site Plan. If not applicable please put an NA next to item: (minimum scale of 1"=20') a. Common and scientific name of the planting materials to be used in the project. b. Typical planting details. c. Location of all planting areas and relationship to buildings, parking areas, and driveways. d. Identification and location of non-living landscaping materials to be used. e. Identification and location of non-living landscaping materials to be used. f. Identification of on-site snow storage areas. g. Drainage patterns. h. Description of buildings, including building height, ground floor dimensions, kinds of building materials, type of architecture anticipated. Additional Comments: //, i. Physical features of the property including location of all buildings, ingress and egress, any unusual features of the property which may restrict development and drainage. 9. 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AGENDA RENAI CITY COIINCIL - REGIILAR MEETING JIILY 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. H. SCHEDIILED PIIBLIC COMMENT (10 Minutes) 1. Gretchea Graeff - Kenai Headstart Program. C. PIIBLIC HEARINGS .,~- 1. Ordinance No. 1551-93 - Establishing Section 13.10.060 /~soae,G /,(. of the Kenai Municipal Code (Providing Sanitary Facilities for Individuals Camping on Private Property). 2. Resolution No. 93-54 - Transferring $4,000 in the ~55 ~ ~~ General Fund for the City's Share of Alaska Municipal League Conference Costs. 3. Resolution No. 93-55 - Awarding a Contract for the /~~~J~o~ ~. Architect/Engineering Schematic Design and Design Development Phases on the Project Entitled "Kenai Animal Shelter" to Kluge and Associates for the Not-to- Exceed Amount of $23,500.00. D. COMMIBBION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission -1- 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees E. MINIITEB 1. *Regular Meeting of June 16, 1993. F. 1. *6/28/93 J.Williams letter to Kenai Peninsula School Board. G. OLD HQBINESB H. NEW BIIBINE88 ~~~.o.y~ 1. Bills to be Paid, Bills to be Ratified ~~2. Purchase Orders Exceeding $1,000 ~~~~ 3. *Ordinanoe No. 1552-93 - Increasing Estimated Revenues and Appropriations by $95,172 in the Capital Project Fund Entitled "Airport Safety/Security Gates." 4. *Ordinanae No. 1553-93 - Decreasing Estimated Revenues and Appropriations by $13,975 in Two Senior Citizen Funds. 5. *Ordinance No. 1554-93 - Amending KMC 14.20.290 Entitled, "Appeals - Board of Adjustment." 6. *Ordinance No. 1555-93 - Increasing Estimated Revenues and Appropriations by $16,533 in the General Fund as a Result of Receiving Three Library Grants. 7. *Ordinana• No. iS56-93 - Amending the Kenai Municipal Code by Enacting 23.40.140 and 23.40.150 and Amending 23.40.130 (Family Leave). 8. *Ordinance No. 1557-93 - Increasing Estimated Revenues and Appropriations by $521,627 in the General Fund for Purchase of a Fire Department Aerial Device. -~~ °~/~ /99 9 . get Hearinq - Hoard of Adjustment - Appeal of Mary and .~;DO~rn- Jack Keck. -2- .'t: ~~~ 10. Approval - Petition to Vacate the Right-of-Way and Utility Easement, Government Lot 12, Section 1, TSN, R11W, S.M. ro Q.~i`~ 11. Discussion - Vehicles-for-Hire. 12. Discussion - Fence Between Carr's and Bernie Huss -~~~_ ~~ ~~~"' Memorial Park. ~,z' 13. Discussion - Kenai Spur - Water and Sewer Crossings. ~~ ~ ~ ~/~~/9~ I. ADMINIBTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCII88ION 1. Citizens (five minutes) 2. Council -:-,. L. ADJOIIRNMENT -3- .~, .. ~. John Hamme/man Chairman, Areawide Term Expires 1993 Phi/ip Bryson Vice Chairman Kenai City Term Expires 1995 Robert Ciutts PC Member Anchor Point Term Expires 1995 Leroy Gannaway PC Member Homer City Term Expires 1995 Debra Horne PC Member ,.psi/of Area 'm Expires 1994 Keith Hursh PC Member Nikiski Term Expires 1993 Tom Knock PC Member Cooper Landing Term Expires 1995 Susan Mumma PC Member Se/do via City Term Expires 1994 Ann Painter PC Member Moose Pass Area Term Expires 1994 Jodie Thomas PC Member Soldotna City Term Expires 1993 PC Member Seward City A. B. Ci. KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING CONFERENCE ROOM B SOLDOTNA, ALASKA July 12, 1993 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL x C~~~~a _~~~ ~°b~ . ~, ~~ :, ~> _. ~a : B { 74 i.~ :..~ ~~~:''u~ r~~~ ~~'T. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA 1. Time Extensions a. Kelly Ranch Estates KPB File 90-088 Location: Skyline Drive north of Homer 2. Plats Granted Administrative Approval a. Gaede Eighty Addition No. One KPB File 93-058 b. Homer Spit No. Six Velma's Addition KPB File 92-097 c. Mighty Moose Subdivision KPB File 93-038 d. Glacierview No.~ 23 KPB File 93-052 e. Quality Acres KPB File 93-067 f. Ross Subdivision No. Two KPB 93-007 g. Bettyann's Acres Skinner Replat KPB File 93-049 h. Seward Townsite -Cliff Addition Mager Replat KPB File 92-133 i. Beluga Subdivision Gilles Addition KPB File 93-048 j. Mullen Homestead Addition No. 2 KPB File 93-044 3. Coastal Zone Management Consistency Review -None 4. Informational Items a) Conclusive Consistency Determinations b) Ninilchik; Timber Harvest Notification of Operation; Circle DE Pacific Corp; KK 92-01. Don Gilman, Mayor Richard Troeger Planning Oirecfor Maria Sweppy Administrative Asst. c) Sterling; Residential Floating Dock; Collier; Title 16. d) Lake Clark National Park; Project Modification; Westmin Resources Inc.; AK930623-25. 5. Commissioners Excused Absences 6. Approval of Minutes a. June 28, 1993 D. PUBLIC PRESENTATIONS WITH PRIOR NOTICE -None E. PUBLIC HEARINGS 1. Classification of Certain Borough Managed Lands as Resource Extraction. The area is in the Vicinity of Fails CreeklEagle Lake and East End Road in Homer containing 1,920 acres, more or less. F. SPECIAL CONSIDERATIONS 1. Resolution 93-70, A Resolution Classifying Borough Lands as Resource Extraction Pursuant to KPB 17.10.170. The area is in the central peninsula. G. CONSIDERATION OF PLATS 1. K-B Subdivision Part 7; Poppy Lane Preliminary; McLane 8~ Associates KPB File 93-091 2. Drew Homestead Tracts 1993; Nikishka Preliminary; McLane & Associates KPB File 93-093 3. Petersen Subdivision Addn No. 3; Kenai City Preliminary; McLane ~ Associates KPB File 93-095 4. Evergreen Subdivision Kim Addn; Kenai City Preliminary; Swan Surveying KPB File 93-092 5. Hylen 1984 Addn Replat Lots 22 & 23; Ninilchik Preliminary; David Bear KPB File 93-094 6. Moose Range Meadows South; Addition 1 1993 Replat; Funny River Road; Preliminary; Alaska Rim Engineering KPB File 93-096 7. Koch Acres; Stariski Creek Preliminary; Mullikin Surveys KPB File 93-097 8. Hesketh Island Adventures No. 3; Kachemak Bay Preliminary; Mullikin Surveys KPB File 93-098 9. Clymer Subdivision; Fritz Creek Preliminary; Price Engineering KPB File 93-100 10. Meyer Lake Subdivision; East of Pollard Lake Preliminary; Johnson Land Surveying KPB Fite 93-101 11. Buena Vista No. 2; East of McNeil Canyon Final-Revised; Roger Imhoff KPB File 91-124 H. COASTAL ZONE MANAGEMENT -None I. OTHER/NEW BUSINESS J ASSEMBLY COMMENTS K. DIRECTOR'S COMMENTS L. COMMISSIONER COMMENTS M. ADJOURNMENT ,~ a+ 1791-1991 CITY OF KENAI __ 210 FIDALGO KENAI, ALASKA 99611 TELEPHONE 283 - 7535 FAX 907-283.3014 Mr. Charlie Pierce 555 Dolchok Lane Kenai, AK 99611 RE: APPOINTMENT/PLANNING & ZONING COMMISSION City of Kenai At their regular meeting of July 7, 1993, the Kenai City Council confirmed your appointment to the City of Kenai Planning & Zoning Commission. Copies 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. The next meeting of the Planning & Zoning Commission is scheduled for July 14, 1993. Informational packets will be mailed prior to each meeting. The City Council, Planning & Zoning Commission and Townsite Historic Task Force will be meeting in a joint work session on July 13, 1993, at 7:00 p.m. in the Council Chambers. An informational packet regarding the proposed amendments to the Townsite Historic code is enclosed for your review prior to the work session. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Ca 1 L. Freas Ci y Clerk clf Enclosures July 8, 1993