HomeMy WebLinkAbout1993-07-28 P&Z PacketRENAI PLANNING & ZONING COMMISSION
~ July 28, 1993 - 7:00 P.M.
City Hall Council Chambers
AGENDA
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINIITES - July 14, 1993
4. PERSONS PRESENT SCHEDIILED TO BE HEARD
5. POBLIC HEARINGB
a. Res PZ 93-33: Encroachment - Remax
b. Res PZ 93-34: Variance - Erwin
c. Res PZ 93-35: Encroachment - Erwin
6. PLANNING
a. Res PZ 93-32: Home Occupation - Bel (The Greenery)
7. NEW BII8INE88
} 8• OLD BIISINE88
a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92)
9. CODE ENFORCEMENT ITEMS
a. Coyle's Landing - Violation of B&B Code
10. REPORTS
a. City Council
b. Borough Planning
c. City Administration
11. PERSONS PRESENT NOT SCHEDOLED
12. INFORMATION ITEMS
Townsite Historic Work Session - Minutes
13. COMMISSION COMMENTS & OIIESTIONS
14. ADJOIIRNMENT
RENAI PLANNING & ZONING COMMISSION
July 14, 1993 - 7:00 P.M.
City Hall Council Chambers
Phil Bryson, Chairman
MINUTES
1. ROLL CALL
Members present: Duane Bannock, Phil Bryson, Ron Goecke, Carl
Glick, Kevin Walker, Charlie Pierce
Absent: Lori McComsey (excused)
Also present: Councilman Hal Smalley; Jack La Shot, City
Engineer; Loretta Harvey, Administrative Asst.
2. APPROVAL OF AGENDA
The agenda was amended with the following addition:
6 d. PZ Resolution 93-32: Kiel S/D
MOTION AND VOTE:
Walker MOVED approval of agenda as amended. Goecke SECONDED.
PASSED UNANIMOUSLY.
3. APPROVAL OF MINUTES - June 23, 1993
MOTION AND VOTE:
Goecke MOVED approval of minutes and asked for unanimous consent.
Walker SECONDED. PASSED UNANIMOUSLY.
4. PERSONS PRESENT SCHEDULED TO BE HEARD
a. Kathy Scott - Unable to attend
5. PUBLIC HEARINGS
a. Res PZ 93-29: Encroachment - Rogalsky - Kiel S/D
La Shot reported that the encroachment is a house that is 1.3 feet
from the property line and the eave actually overhangs the property
line. This house has sold several times and the encroachment has
never been caught. The owners are willing to nip off the eave of
the house and install a fire wall to meet the building codes. La
Shot recommended the Commission pass a temporary encroachment
permit for a time to be stipulated or until the plat is filed for
Kiel S/D No. 1.
Bryson opened the meeting to public hearing.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 2
VERBATIM
Kathleen Foster, with Heritage Real Estate and I'm here
representing Ron and Debbie Rogalsky, my address is P.O. Box 2505,
Kenai. We're asking for a variance into the setback lines on this
lot. The house is, as Jack said, a foot and a half from the
property line. The eave extends over approximately six inches.
And we had asked, originally, to resubdivide that lot line to put
the house in back, in its original 15 foot setback where it should
be. But the adjacent property owner wanted us to get permission
from his mortgage company whose in Texas and we did try that and
they haven't responded to us at all. We have an approved loan for
the buyer on this house and their loan is only good for a certain
amount of time, their approval. And we thought the quickest way to
get this done is to cut off the eave, so it doesn't encroach over
the lot line; firewall that side of the house so that it met all
the building codes; and then ask for a variance. So everything
just stayed the same that it was, except the house would meet all
the codes.
Bannock, Ms. Foster your referring to a variance, what kind of
variance would you like?
Foster, well that's what I was told we needed to ask for, to allow
the house to remain encroaching in the setback.
Bannock, what we have in front of us is an encroachment permit, so
I think that's the right word to use, rather than a variance.
Bryson, we have a proposed plat before us. Is that something that
was initiated before?
Foster, right that was something we were trying to do first. But
we haven't been able to accomplish that.
Bryson, at this point you're requesting an encroachment permit that
would be a continual thing.
Foster, this house has been in this spot for 21 years and it has
sold, this is the fourth time it has sold, with this exact same
problem. It's just that this lending company is the first one that
has caught it. It just never has come to light before.
Bryson, are there any other questions?
Bannock, if the encroachment permit was to pass than, would we be
shelving PZ 93-32?
Foster, yes.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 3
Bryson, other questions? Thank you. Are there other persons who
would like to testify on this item?
Foster, we have the adjacent property owners here, they came just
to let you know they have no problems with, not the subdividing,
but fire walling that side of the house and cutting the eave off.
Bryson, would they like to testify to that effect? We are in
public hearing now so if you' d like to add something please come to
the podium and state your name and address.
Ray Husby, I'm Ray Husby, co-owner with Vicki Schillam. The home
the way it is right now, there is no problem as far as we are
concerned as far as an encroachment on our property. Huh, we're
eighty feet from the existing home and as far as the firewall is
concerned it's kind of ridiculous to put a firewall up. We'd have
to have a permit to let anybody build a structure so close to the
property line. But, as far as we're concerned there is no problem.
We have a well that is right directly on the property line. It's
been there and I don't know if its on the existing plat, but if you
have any questions .
Bryson, does anyone have any questions? Apparently none, thank you
sir. Other persons that would like to testify? Hearing and seeing
none, I bring it back to the Commission for action:
END VERBATIM
MOTION AND VOTE:
Goecke, MOVED to recommen8 approval of Resolution PZ 93-29. Glick
SECONDED.
Bannock Bryson. c3lick Qo®cke Walker Mccomsey Pierce:
YES YES YES YES YES ABBENT YES
MOTION PASSED UNANIMOIISLY.
b. Res PZ 93-30: Sign Variance - Kenai Baptist Church
LaShot reported that the Church wishes to install a bulletin board
type sign, the code reads that such a sign should be limited to 32
square feet. This sign is about 60 SF.
Bryson introduced the item and opened the meeting to public
hearing.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 4
VERBATIM
Bill Milewski, POB 4478, here in Kenai. It has on there, that I'm
the pastor, but I'm not the pastor, I'm the trustee at the church,
First Baptist Church. We, ahh, about a year ago I had checked with
Howard Hackney about the sign. We checked with the size and
everything and gave him the plans and everything. At that time I
thought it was okay. Evidently he had looked at the wrong side of
the road. And I found out we were in residential when I was in the
other day. And that's the reason, we need a sign variance. I'll
answer any questions, I don't know exactly what the answer is, it's
5 by 12 two-face sign, it's a marquee, I call it a marquee, lighted
sign, First Baptist Church across the top, blue background with
white letters, with four changeable columns. The letters are eight
inches in height we set off, to the church it's about a mile from
the visitor center going out north, just past Larry's Club to the
left on the bend. And we sit down in a valley, about ten or twelve
feet below the road surface of that curve right there. And we have
to be 150 feet, as you can see by that plat I gave there, is the
right-of-way. And the sign as proposed will be about 60 feet from
the front of the building there. Which will put us well within,
and out of reach of the ROW easement.
Bryson, thank you. Are there any questions from the Commission?
Apparently not. Other persons that would like to testify on this
items? Hearing and seeing none I would like to bring it back to
the Commission for action.
MOTION AND VOTE:
Bannock, MOVED to recommend approval of Resolution PZ 93-30.
Goecke SECONDED.
Discussion:
Walker asked for an opinion of possible conflict of interest. He
stated his wife was a member of the church and works at the church.
Bryson said it was the Chairman's opinion there was no conflict.
Bannock Bryson Glick Goecke Walker McComsey Pierce>;
YEB YES YES YES YES ABSENT YES
MOTION PASSED IINANIMOIISLY.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 5
6. PLANNING
a. Res PZ 93-28: Replat - Petersen S/D No. 3
Bryson introduced the item as a tract of land that was added on to
by Arness who purchased the land from the City of Kenai. The
Commission had seen this development several times. This replat is
dividing the property into two lots.
MOTION:
Glick, MOVED to recommend approval of Resolution PZ 93-28. Walker
SECONDED.
Discussion
Bryson commented that this plat may be bi-sected into two separate
zones if the zoning is changed in this area.
Bannock Bryson Glick Goecke Walker McComsey Pierce
YES YES YES YES YES ABSENT YES
MOTION PASSED UNANIMOUSLY.
b. Res PZ 93-31: Home Occupation - Donahue
La Shot reported that the applicant wishes to run a small
consulting business out of his home in Basin View Subdivision. It
is a RR zone, and he proposes to use approximately 132 SF of a 2800
SF home. The criteria appears to meet KMC requirements.
MOTION:
Walker, MOVED approval of Resolution PZ 93-31 and asked for
unanimous consent. Goecke SECONDED. MOTION PASSED UNANIMOUSLY.
c. Landscaping/Site Plan Review - Kentucky Fried Chicken
La Shot reported that he had not had a chance to review the plan.
He suggested if the Commission approved the plan they might want to
make approval contingent on the City Engineer and Building
Official's review and approval.
Neal Hayes, LPS Builders, explained that this development will be
next to the Pizza Hut. The landscaping will consist of two curbed
areas in the parking lot with a total of 300 square feet (SF) in
each area. They will be planted with grass and small evergreen
shrubs as shown on the plans. In front of the building,
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 6
paralleling the Spur Highway will be two landscaped areas with
approximately 1400 SF. All landscaping will be done in a
professional manner in accordance with the regulations.
Goecke abstained from this item as he was the owner of record of
the property.
MOTION:
Walker, MOVED to recommend approval of Landscaping/Site Plan Review
for Kentucky Fried Chicken subject to Administrative review and
approval. Glick SECONDED.
Bannock Bryson Glick Goecke Walker McComsey Pierce;:;
YES YES YES ABBTAIN YES ABSENT Y88
MOTION PASSED. ONE ABSTENTION.
6d. Resolution PZ 93-32: Kiel Subdivision Add. No. 1
La Shot felt it was appropriate to approve the plat because he felt
it was the best long term solution for this encroachment situation
(PZ 93-29).
MOTION:
Walker, MOVED approval of Resolution PZ 93-32 and asked for
unanimous consent. Goecke SECONDED. There was no discussion and
no objection. MOTION PASSED IINANIMOIISLY.
7. NEW BIISINESS
8. OLD BIISINESS
a. Resolution PZ 92-26: Rezone - See (Tabled 10/14/92)
9. CODE ENFORCEMENT ITEMS
La Shot reported that there was a lengthy list of items. Staff had
provided a table (attached) with each item listed and reported on
the following:
Coyle - Has been contacted several times and has not
responded. The sign will be removed by the City if there is
no contact.
One Hour Photo Sign - has been moved several times. The Legal
Department is handling this.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 7
Rainbow Bar Sign - The owner contacted La Shot to tell him he
was taking it down, hasn't been removed yet.
Baker duplex in Oldtowne - He talked to the Building Inspector
about the validity of the building permit. If it has expired
he'll have to get another review from P&Z. There may be
problems with the building being in FDIC hands.
Quandt property - They have removed 60+ cars. They are still
waiting for a car crushing machine to arrive. The City has
not changed their stance with the State.
Goecke mentioned that Coyle's Landing may be in non-compliance
because Sue Wright is not living in the residence. That is a
requirement of the B&B code.
Walker asked if the sign was indeed in the right-of-way (ROW).
La Shot had talked to the State and they had verified that the sign
was in the ROW.
10. REPORTS
a. City Council
Councilman Smalley reported on agenda items.
o Funding has been approved for the design phase of a new Animal
Shelter.
o The City is still attempting to get funding for the new fire
truck.
o Set the hearing for Board of Adjustment for Mary & Jack Keck.
La Shot reported that the owner has withdrawn the permits for
this activity and will conform to the code.
o The City is working with Carrs to explore the feasibility of
placing a wall between Carrs and the Bernie Huss Trail. The
exercise facilities in the park have been destroyed.
o The City is also considering the purchase of an Auto-Cad
system to assist in development of water and sewer crossings
under the Spur Highway.
b. Borough Planning
Bryson reported that two plats within the City had been approved:
Kim Addition, Evergreen S/D; and Petersen No. 3.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 8
The Borough has identified a source of gravel near Fall Creek which
will aid in the up-grading of East End Road. The Borough has been
looking at making this gravel available for this project.
Walker asked if the Borough was working on an Ordinance to replace
21.12?
Bryson said they were working on one which would work on a
conditional use permit basis. The Assembly is providing impetus
for this.
c. City Administration
La Shot reported that Kathy Scott had called expressing concerns
about the Cheap Tow operation near Beaver Loop. Scott couldn't
attend the meeting. That is a commercial zone and the ordinance
regarding junk vehicles does not apply to businesses. La Shot
welcomed ideas or comments on this item from the Commission.
Walker suggested that the City may be able to require a fence to
obstruct the view of these vehicles from adjoining property.
La Shot said the requirements are in effect in the Central
Commercial zone, this is a General Commercial zone. He felt it
might be appropriate to add this by Ordinance to all Commercial
zones.
Bannock said Soldotna has an Ordinance which requires paved parking
lots for Commercial activities. This may be an answer for these
types of problems, because the cost of paving would be prohibitive
for some smaller businesses.
La Shot asked the Commission to review the maps staff had prepared
for the TSH Rezone. The Commission concurred that these maps where
the intent agreed upon at the recent work session.
11. PERSONS PRESENT NOT SCBEDIILED
12. INFORMATION ITEMS
13. COMMISSION COMMENTS & OIIESTIONS
Bannock thanked the Council for the large attendance at the
Townsite Historic Work Session the previous evening. He also
thanked Staff and the City Clerk for preparing the back-up
documents for this meeting.
Walker expressed concern over campers on the beach. He asked that
the Administration keep track of this situation.
KENAI PLANNING AND ZONING COMMISSION
July 14, 1993 - Meeting
Page 9
Pierce thanked the Council for confirming his placement on the
Commission.
Smalley also complimented the Staff and Clerk for the wonderful job
they did putting together the TSH material. He also welcomed
Pierce to the Commission.
14. ADJOORNMENT
There being no further business the meeting was adjourned at
approximately 8:00 p.m.
Respectfully submitted,
Loretta Harvey
Administrative Assistant
`~
1791-1991
CITY OF KENAI
_ _ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283.7535
FAX 907-283-3014
Requested Action
Legal'Description
Present:.Zanng
Current Land Use
STAFF REPORT
Encroachment Permit
Lot 4, B1 3, Thompson Park No. 1
Rural Residential (RR)
Low Density Residential
This property is a duplex that Remax is preparing for possible
sale.
According to the Development Requirement Table the sideyard setback
in an RR zone is 15 ft. There are actually two encroachments
existing on this property. The side (corner) has a 0.2
encroachment and there is also a 5.3 side encroachment.
Recommend approval.
1. Resolution PZ 93-33
2. Encroachment Permit
3. As-built
4. Site Location
APPLICANT: REMAX of the Peninsula
100 Tradinq Bay Drive, Suite 6
Kenai, Alaska 99611
~0.
CITY OF KENAI
PLANNING & ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION NO. PZ 93-33
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: ~emax cif the Pc,n i nGn l a
LOCATED: ~Qt 4. Bl ThomD~nn park N 1
BY: Dav F ken
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section
14.20.185 (c) has been submitted and received on
,Tnly 15_ 199'1
2. This request is on land zoned Rural Residential
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 July 28, 1993
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 28th day of July 1993.
ATTEST: Planning Secretary CHAIRPERSON
c:\wp51\PZ\encroach
i
1781-1981
CITY OF KENAI
__ 210 FIDALGO KENAI, ALASKA 98811
TELEPHONE 283.7535
FAX 907-283.3014
PUBLIC HEARING NOTICE
A public hearing on an Encroachment Permit
submitted by Remax of the Peninsula, for Lot 4, BL 3~Thompson•Park
No 1., be held on July 28, 1993, 7:00
Chambers, 210 Fidalgo, Suite 200, Kenai, Alaska City Hall council
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 28th. For more information
please contact Jack La Shot or Loretta Harvey at 283-7933.
SENT `THIS NOTICE BECAUSE
~a -pZ
1791-1991
CITY OF KENAI
~~~. "ail G'~~~C ~, ~~~~„
__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907.283-3014
APPLICATION FOR ENCROACHMENT PERMIT
NAME" KBE`/N/~/C ~~ ~~r' ~F'~,..s~~„> /~!!A i!/-E%5 ~ ?~~~
STREET 'ADDRESS: ? ~{~~ ~tl ~ ~-,o ~/~
MAILING''ADDRESS lf~f~ 1 ,c~ik ~ ~-i~~ SY:/~ G~ /[~~~.,,~: l+'K-. t?~~~/
LEGAL.. DESCRIPTION ~ ~ ~ g//L ,~ T~G,N t ~;,~ ~ A~,~.=- /~o. l
ZONING DISTRICT
(Circle I} C CC CG ~
RU R IL I RR-1 RR-2 rRS RS-1 RS-2
PHONE. Z~-.~ - .S ~~
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 UNDERBTAND THESE CONDITIONB.
1. ,~~ An encroachment means any object or structure above or
below ground and constructed or located in a manner other
than set forth in the Development Requirements Table.
2. ~~ Provide a site plan of the property including location of
all existing buildings, rights-of-way or easements,
setbacks, elevations, and any data pertinent to the
application.
3. ~K~ 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 I O N A L C O M M E N T S
Signature of Applicant:
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AVE. I
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AS-BUILT CERTIFICATION
I hereby certify that I have surveyed the
following described property :_ K-1422
LOT 4, BLK 3 - THOI~SON PARK ADD. N0. 1
and that no enchroachments exist except
as indicated.
E%CLUSION NOTE:
It is the responsibility of the owner to
determine the existence of any easements,
covenants, or restrictions which du Ilut
appear on the recorded subdivision plat.
Under no circumstances should any data
hereon be used for construction or Eur
establishing boundary or fence lines.
LEGEND
~ C'nd. official monument
• I'u~J . pipe
O IJe11
~ Septic ,'eut Pipe
Record llata
WHITFORll SURVEYING
19tJ2 Wyatt Way -Kenai, Alaska
283-4928
.re 5/26/93 Sato 1" 4n~
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STAFF REPORT
TQ: P & Z'Commission PREPARED°BY:'' La Shot/Harvey
DATE : ' July 1, ; 19 9 3 RESOLUTION ` NO'. 9 3 - 3 4 & 9 3 -3 5 «'
APPLICANT: Donald Erwin
1603 Fathom Drive
Renai, Alaska 99611
Requested Aeton Encroachment into sideyard setback
Variance into sideyard setback
>Legal Description Lot 9, Bl 4, Redoubt Terrace Subdivision
''Present Zoning Suburban Residential (SR)
Current Land Use Medium Density Residential
ANALYSIS:
Staff sent 36 public hearing notices, 21 cards returned by packet
deadline, with no objections.
The Development Requirements Table lists the sideyard setbacks for
two-story dwellings as 15' in an RS zone.
There is an encroachment which exists 7.7' into the east sideyard.
A variance is needed because the applicant wishes to build onto his
garage which would put that side of the building 8'1" into the west
sideyard setback.
RECOMMENDATIONS:
Recommend approval.
ATTACHMENTS:
1. Resolution PZ 93-35 1. Resolution PZ 93-34
2. Encroachment Permit 2. Variance Permit
3. As-built 3. As-built
4. Site Location 4. Site Location
C:\WP57\DOCS\STAFF.RPT
5b-~
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ 93- 34
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 Donald Erwin
located 1603 Fathom Drive
applicant Tlnna 1 ~ Rrwi n
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 ,TL 1~ 1 4, 1 9 9 3
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:
Sideyard setbacks
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 land 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 the requirements of Section
14 .20.280 has been held by the Commission on July 2 8 , 19 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
8th day of ,Till ~ 1993.
ATTEST: Planning Secretary CHAIRPERSON
1781-1981
CITY OF KENAI
_ _ 210 FIDALGO KENAI, ALASKA 99811
TELEPHONE 283 - 7535
FAX 907.283-3014
PUBLIC HEARING NOTICE
A public hearing on an Encroachment Permit (KMC 14.20.185) and a
Variance Permit (KMC 14.20.180) for sideyard setbacks, submitted by
Donald Erwin, 1603 Fathom Drive, Lot 9, BL 4, Redoubt Terrace S/D,
be held on July 28, 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 28th. For more information
please contact Jack La Shot or Loretta Harvey at 283-7933.
ARE BEING SENT THIS NOTICE BECAUSE YOU ONld/
CN 300 FEET OF THF. 'auA_TZ+nm eT~..... ..
d ~ /~
CITY OF KENAI
R I C E \ T E V V I A L
y~aye uxtl~a~tSt`- G'~"lulll~a ~[ !life ~
DATE : `- 7 - y..3
210 Fidalgo Avenue
Kenai, Alaska 99611
TELII'HONE 283-7535
FAX 907-283-3014
APPLICATION FOR VARIANCE PERMIT
NAME : ~6~ rI ~~ ~ ~ .~C/ j/ fLJ PHONE
MAILING ADDRESS : /~oGl.3' ~~~/?yo~ ~~' ~/~ ~~,_ ~~~~~
LEGAL DESCRIPTION OF PROPERTY INVOLVED:.wf ~ ~~'~ /C~-(~~u,6~' ~~~~AC~~
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 NIIMBER TO INDICATE THAT YOU HAVE
READ AND UNDERSTAND THESE CONDITIONS.
1. 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. ~}{~~ 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
j 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`Cy"/2~ C--~~~~~~~~
Approved:
CHAIRPERSON
~~ Attest:
Loretta E. Harvey, Secretary
'~'0: RICHARD BECK.
FROM: DON ERWIN
1603 FATHOM DRIVE
K.ENAI, AK. 99611
REF. ENLARGE GARAGE AT 1603 FATHOM DRIVE, LOT 9 BLOCK 4
REDOUBT TERRACE SUBDIVISION.
I am enclosing two drawings, one labeled "as is" is the as built
as the structures presently exist. The other labeled "Planned
Expansion" is what I hoped to do on the garage. please note that
one side of the house was originally built with the back corner at
7'-3" from the property line.
Has the code or regulations changed since the house was originally
built? I am curious as to why closer than 10' would be allowed on
one side and ilot the other^ Please advise if we do indeed need to
pursue the variance fcr the garage extension.
Best Regards,
~%
Don Erwin
283-7570 HOME
776-5585 OFFICE
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CITY OF KENAI
PLANNING & ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION NO. PZ 93-35
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: Donald Erwin
LOCATED: 1603 Fathom Drive
Lot 9, B1 4, Redoubt Terrace S/D
BY: Donald Erwin
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section
14.20.185 (c) has been submitted and received on
July 14, 1993
2. This request is on land zoned Suburban Residential (RS)
3. That the applicant has demonstrated with plans and other
documents that he can and does meet the following .specific
requirements as set forth in Sec. 14.20.185 (d):
(1) An encroachment as defined in KMC 14.20.185 (a) exists
(2) The encroachment does not encroach upon a Federal, State
or City right-of-way or utility easement.
(3) The issuance of the encroachment permit will not
authorize a use which is not a principal permitted use in
the zoning district in which the property is located.
(4) The encroachment is not located across a platted lot
line.
4. That a duly advertised public hearing as required by Section
14.20.280 was conducted by the Commission on July 28, 1993
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 28th day of July , 1993.
ATTEST: Planning Secretary CHAIRPERSON
c:\wp51\PZ\encroach
1791-1991
CITY OF KENAI
~ "O~l G~a~z,ita.~ o~ r4~a~.~a„
__ 210 FIDALGO KENAI, ALASKA 99611
TELEPHONE 283-7535
FAX 907-283.3014
APPLICATION FOR ENCROACHMENT PERMIT
NAME' ,D .
STREET ADDRESS ~~~~ ~..
MAILING ADDRESS s A
LEGAL DESCRIPTION -~ ~ ~ ..I ~~' K/ ~
.ZONING DISTRICT
{Circle -1~_ C CC CG RR RR-1 RR-2 RS RS-1 RS-2
RU R IL IH
:'PHONE acQ c~ ' ~cS "w
Section 14.20.185 of the Kenai Municipal Code outlines regulations
for Encroachment Permits which is the relaxation of the Development
Requirements Table to remedy encroachments which do not fall under
Section 14.20.050, nonconforming uses and which satisfy the
requirements of financial institutions subject to the following
conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND
INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE
READ AND UNDERSTAND THESE CONDITIONS.
1. An encroachment means any object or structure above or
below ground and constructed or located in a manner other
than set forth in the Development Requirements Table.
2. Provide a site plan of the property including location of
all existing buildings, rights-of-way or easements,
setbacks, elevations, and any data pertinent to the
application.
3. A Public Notification and Hearing is required before the
issuance of this permit. A $100.00 non-refundable
deposit/advertising fee is required to cover these
notification costs. (Please see attached procedure sheet)
A D D I T I O N A L C O M M E N T S
Signature of Applicant:
KENAI MUNICIPAL CODE
14.20.185 Encroachment Permit: (a) Definitions.
"Encroachment" means any object or structure above or below ground
and constructed or located in a manner other than set forth in the
Development Requirements Table.
(b) Intent. An encroachment permit is the relaxation of the
development requirements of this chapter to remedy encroachments
which do not fall under Section 14.20.050, nonconforming uses and
which satisfy the requirements of financial institutions.
(c) Permit application. An application for an encroachment
permit shall be filed in writing with the City Planning Department
and signed by the owner of the property concerned or representative
of the owner. A fee of $100 shall be paid to the City of Kenai at
the time the permit application is filed.
(1) The application shall contain the following:
[A] A legal description of the property involved.
[B] Plans showing the location of all existing
buildings, rights-of-way or easements, setbacks,
elevations, and any data pertinent to the application.
(d) Review Criteria. The Planning Department shall submit
the application to the Planning Commission for review and public
hearing. The Planning Commission shall establish a finding that
all of the conditions set forth in Subsections (1) through (4) of
this section have been found to exist before issuing an
encroachment permit.
(1) An encroachment as defined in KMC 14.20.185(a)
exists.
(2) The encroachment does not encroach upon a Federal,
State or City right-of-way or utility easement.
(3) The issuance of the encroachment of the encroachment
permit will not authorize a use which is not a principal
permitted use in the zoning district in which the
property is located.
(4 ) The encroachment is not located across a platted lot
line.
(e) Public Hearing. The public hearing and notification
procedure for an encroachment permit application shall be
accomplished in accordance with the requirements of this chapter.
(f) Unauthorized Encroachments. Unauthorized encroachments
shall be immediately removed by the owner upon being given notice
by the City. Notice shall consist of a written letter, sent by
certified mail return receipt requested, or by personal service,
explaining the violation and allowing twenty days to remove the
encroachment.
(g) Expiration of Permit. Permits shall expire automatically
upon termination or interruption of the use; damage to the
building, structure, or object which makes it uneconomic to repair
the building, structure, or object; or, the expiration of the
useful life of the building, structure, or object, whichever come
first .
(h) Right to Appeal. Any revocation, suspension, or denial
of an encroachment permit by the Planning Commission may be
appealed to the City Council by filing a written notice of appeal
with the clerk and stating the grounds for such appeal. The appeal
notice shall be filed within thirty days after the effective date
of the revocation, suspension, or denial of the request for the
encroachment permit. All notices of appeal must comply with
Section 14.20.290. (ord. 1188)
14-39 & 14-40
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AMACO PR0DUC1'IUN CO• JESSE LOBDELL-SURVEYOR
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The properly thp.al and dcscr +l.cd hos Lcai wrv cycA by me wld I bcrcby ccrllly Ilat Ilr
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STAFF REPORT
l
TO: P & Z Commission 'PREPARED BY: La Shot/Harvey
DATE.: July 21'', 1993 RESOLUTION NO. 93-32
APPLICANT: Jenny Bel (The Greenery)
311 Birch Street
Renai, Alaska 99611
Requested Action Home Occupation Permit
Legal Description 311 Birch Street
Lot 3, Block 1, Knudson S/D
Present Zoning Suburban Residential (SR)
Current Land Use Medium Density Residential
ANALYSIS:
The applicant will be selling silk plants and flowers from this
location.
Total Square Feet (SF) for the home is 1, 600, the portion to be
used for the home occupation is 500 SF.
RECOMMENDATIONS:
Recommend approval if the business is a low-keyed retail operation.
ATTACHMENTS:
1. Resolution PZ 93-32
2. Home Occupation Permit
3. Site Location
1 C:\uP51\DOCS\JULY.SR
(D
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION PZ 93-32
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI (GRANTING) (DENYING) A REQUEST FOR A HOME OCCUPATION PERMIT
AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE FOR
NAME JENNY BEL (THE GREENERY)
LOCATED 311 Birch Street, Kenai, Alaska
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec 14.20.230,
has been submitted and received on 7/20/93
2. That the application has been reviewed by the Commission at
their meeting of 7/28/93 and found that all
application requirements (have) (have not) been satisfied.
3. That the applicant has demonstrated with plans and other
documents that he can and will meet the requirements and
conditions as specified.
4. That the following additional requirements have been
established by the Commission as a condition of permit
issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning
Commission of the City of Kenai that the applicant has demonstrated
that the proposed development meets the conditions required for
said proposal. And therefore, the Commission authorizes the
Administrative Official to issue the appropriate permit.
PASSED BY, the Planning and Zoning Commission of the City of Kenai,
Alaska, this 28th day of July 1993.
CHAIRPERSON
ATTEST: Planning Secretary
1791-1991
CITY OF KENAI
__ 210 FIDALGO KENAI, ALASKA 99811
TELEPHONE 283 - 7535
FAX 907.283.3014
u7-
Date: aC~ 9•.
HOME OCCUPATION PERMIT f~~ ~ ~ w~'
NAME : -~ ~}'l~ ~l) ~~~F L 1 /'~ ~ (~l~ t~~IL~~` PHONE : -~ ~ ~~ ' ! ~ 7 -5 r7~ t~.3 " ~ ac
ADDRESS : ~ I ~ ~ ~ t~C I`{ S 1 ~ ~ /l,) ~ ~ ~ ~i ~ l~~G ~/
LEGAL DESCRIPTION OF PROPERTY : ,LCt 3 ,~ / --Z __~-emu ~ SC~~[ s/I~
DESCRIPTION OF OCCUPATION: S ~' s, L l ~ ~' J ~ ~-- ~ ~~ ~ ~' ~ j'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. v 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 development require a
building permit? YES ~ircle one)
_ ~~
Applicant' s Signature : c~~' ~.~1~2 t~ J
~f
Approved:
CHAIRPERSON ATTEST:
Date:
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MEMORANDUM
DATE: July 28, 1993
TO: Planning and Zoning Commission
FROM: Loretta Harvey
RE: CUP COYLE'S LANDING - SHARALYN HRIGHT
At the last meeting it was brought to the staff's attention that
the CUP referenced above may not be complying with the KMC. I have
enclosed minutes of the meetings where this operation was
discussed. One of the concerns expressed numerous times was that
this would not meet the "owner occupied" criteria for a Bed &
Breakfast. It appears the permit was granted with the idea that Ms.
Wright would be living at the residence, at least during the summer
(July 24, 1991, page 4).
The City recently attempted to contact Ms. Wright at the 1412
Barabara Drive address. The City was informed that Ms. Wright did
not live at this address. Would the Commission advise staff to
pursue investigation into this possible code violation?
~~ ..
`' ~z
r
~.
P. 01
July 26, 1993
TO: Loretta Har~:: u~r . Manning and zo.r;~
: .:.
,
Cary Gx'aves, Leyai Department
Carol Frea.; ; ~j -,, :! ;.'lerk
City Counci:
Members Planr,~.~n•, and Zoning
FROM: Sue Wri,ghi.
Please forward a copy o- i_.xe complaint ft~:~•
Bed and Breakfast S
igr~ tC.
me
It ;:~ Coy1E:'s Land3.r,~
.
.
,
appears '~: -:
confusion as to the Qrl.gilFa'tion of the ~.~ ~•. ther6. is soma
i
comp.::::
to know where this comp;laY.Z-~ originated. .:.
nt. I would i_,„~,:~
T would also like all ~~oc'u.lctEZlts associai'ec. <
and sign removal to be
-
~ .. ~h this colnplaiz:h
z;e1z
~
o me and my at;•,:.;
110 S. Willow 104, Kenai; a,laska. THIS IS ~":' .; - ~ney Ph~.l N . Na;f_ ,
:'1~'CLUDE BVT
LIMITED To ANY DocUNIENTS ..GivSIDERED PUBLIC ; '
WRITTEN NOTES
LONG DI:ST
~ NOT
'~'ORMATIC-N. ALL Ei:;~',:
,
[
NCE LOGS, DOCUMEN'T'S
REPORTS , PHOTOGRAPHS , t:ONIFi'~INTS , AND MEETi
'ii:; :i~EGAL ~~OCUMENT~!
'- I~i:LNUTEc
.
MINUTES DO NOT REFLECT SPEc:Ii'IC TESTIMONY ~:~~,'
IS H . IF
;',.CTS, tsN AUDIO '':-~
EREBY REQUESTED. ..
In the future, if there ar-~ any complaints, ,:, ,: ; y.i act.ions to .;::.:
taken against me or tn~- bubir:ess, T request :°.s:~t you ~_opy hi.~
office.
Delivered via fax and ~ j. ;:~~°~ :ified mail ~ ~:, . ,
ADDENDUM
air:4r*:~r**ak~lr*dir***dr***~F~1r~'t*t`::~~:•';y:;r•.c7:~~eat:tic*~cic***ab:l•o'.~•:,i:. ~:'r*:Y***:'S*ie**dt:F~kh,:•.
PLEASE BE ADVISED THA'T' IYI::}~ i11'tRECT ADDRES& '~';: ;3iJZ g~.r~,BARA D1, _• 4,-;,
KENAI, ALASKA.
YOU INFORMATION WITH R~;C;ARi; '1'O THE LEGAL li~;;:~. rc.'1'MENT I:;•~TTER Ia
INCORRECT. I MAY HAVE REEn? I?RI•;SENT AT 28?..5- ;?„:~'wpICKEFt LANE AN:;
HAVE RECEIVED SERVTCIa t:F ;!-~, ;,;GAL DOCUMENT '~'~F':<<.~;, BUT .L RESIDE .:,,~'
1501 BARABARA DRIVE WHEi4 ~'~I'.ERATING COYLE~S '~u~.~7ING A5 REQUIRP:;~. ;=.=''~
MY CONDITIONAL USE PERNiI''" ;. T HAVE NOT USEt; BOX -656 iN ~:;: v ~:r:
THREE YEARS.
PLEASE ALSO NOTE MY I'A;a i~UA~1rt~;;q WYTH PRIOR i~t,~":: , 'iCATIGI~' ZS
283-5378, AND MY TELEPHOPdF i~lUMBER IS 283-~ ;..' THESE IIUMBERS t;.~`„!?
NOT CHANGED TN THREE T(.' S r~.i YEARS .
I do not believe you ha.lre ,.?~i3u clue diligerfi~:c informing me -..
any action to be taken ~.gai;~.st me with the <•:=;;~.;~ption t.if the
request for another co1~~ •;~;~: zero tax ret~Y~-r :'cr Bed Tax.
cc: Phil N. Nash
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TAREN FROM: RENAI MONICIPAL CODE
14.20.1 50 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
or. adjoining properties;
[ii] A sight-obscuring fence cr 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
qa
CITY OF KEIVAI
..o~ ~ ~ ~„
B I C E N T E N N I A L
yc~a9e wrt/~a~ tGc1-y m~i a ~u /t/~'e!
MEMORANDUM
TO: Loretta Harvey, P&Z
FROM: Sheryl Paulsen, Legal Dept.
DATE: July 22, 1993
RE: Sharalyn Wright d!b/a Coyle's Landing
210 Fidalgo Avenue
Kenai, Alaska 99611
TELEPHONE 283-7535
FAX 907-283-3014
This memo is in response to your request that the legal department provide you with its
information regarding the residence/business address of Sharalyn Wright.
Recently the legal department served a complaint on Coyle`s Landing for failure to pay bed taxes
for the first quarter of 1993. During that process it was discovered that Ms. Wright's residence
address does not appear to be the same as that of the Coyle's Landing bed and breakfast
operation. Our records show 1501 Barabara as the physical location of the business, and 1412
Bambara as the mailing address of the business. However, the Borough tax records show Ms.
Wright living in V.I.P. Subdivision, with a mailing address of P. O. Box 4656, Soldotna. The
person who served the complaint for us found Ms. Wright at home at the end of Bowpicker Lane
(which is in V.I.P.).
Let me know if you need further information.
/sp
v~~J
`~ ',;/~
^ ~r 1
CITY OF KENAI ~~'~~ ~` v , \
C~
PLANNING & ZONING COMMISSION ;, `~ ~ `~~
' ~"~
. ;J ,~
~\ ~'~ J
RESOLIITION NO. PZ 91-22 `~?'
A RESOLUTI OF THE NING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A RE(~UEST FOR A CONDITIONAL USE PERMIT
FOR ara yn S. Wright, Coyle's Landing
1412 Barabara Drive
Located: Kenai, Alaska
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section
14.20.321 has been submitted and received on: 6/25/91
2. That this request is located on land zoned: Rural Residential
~ 3. That the applicant has demonstrated with plans and other
documents that he/she can and will meet the following
specific requirements and conditions in addition to the
existing requirements:
a.
b.
4. That a duly advertised public hearing as required by KMC
14.20.280 was conducted by the Commission on
July 10, 1991
NOW, THEREFORE, BE IT RESOLVED, by the Planning and Wing
Commission of the City of Kenai that the ap~licant has (~a~a
~j demonstrated that the proposed Bed & reakfas
meets the conditions required for said operation and therefore
the Commission oes (oct) authorize the administrative
official to issue the appropriate permit.
PASSED by the Planning and Zoning Commission of the City of
Kenai, Alaska the 10th day of July , 1991.
1
Chairman est
RENAI PLANNING & ZONING COMMISSION ;~~r~+,~..,,,,,,.,,., ...
July 10, 1991 "" ~ "'~~~
City Hall Council Chambers _-~
Phil Bryson, Chairman
1. ROLL CALL
Present: Phil Bryson, Duane Bannock, Carl Glick,
Art Graveley
Administration: Jack La Shot Planning staff: Loretta Harvey
2. APPROVAL OF AGENDA
MOTION AND VOTE:
Commissioner Glick moved for approval. Commissioner Graveley
seconded. Passed by Unanimous Consent
3. APPROVAL OF MINUTES - June 23, 1991
MOTION AND VOTE:
Commissioner Glick moved for approval of the minutes
seconded by Commissioner Bannock. Passed by Unanimous Consent.
5. PLANNING
a. Conditional Use Permit for Bed and Breakfast - Coyle's
Landing
Jack La Shot, City Engineer explained that the structure was
presently being used as a duplex and the applicant was seeking to
turn the building into a Bed & Breakfast (B&B). There was a
problem with the KMC for B&B, which states that a B&B be "Owner
occupied", also the floor area which would be used for the B&B
was not specified in the application.
Tom Wright, husband of applicant, apologized for his wife, who
had a family emergency and couldn't attend the meeting. He
presented a letter to the Commission in which Ms. Wright stated
the reasons she wished to turn the duplex into a B&B. The
previous tenants had done extensive damage and the applicant
thought a B&B would be a better use for the property.
Chairman Bryson opened the meeting to a Public Hearing. He
mentioned that two letters had been received and distributed to
the Commission (see attachments):
1. Chester and Mavis Cone, they were not opposed to a B&B,
but were opposed to the launching of boats from the
site.
RENAI PLANNING ~ ZONING COMMISSION
} July 10, 1991
Page 3
this site, such as a lodge, motel, etc. Bannock asked Tom Wright
why he felt that neighbors were concerned about a guide business
operating from the site?
Wright responded that they were not planning on running a guiding
business out of this location.
Commissioner Graveley asked if Wright had approached the DEC in
regards to any B&B requirements they may have, and also what kind
of impact this development would have on the present road conditions?
Wright responded they had already gotten all the proper permits
from DEC for their duplex. Wright said that Barabara drive was
not set up for a high use, it is just gravel. There is traffic
along the road but the B&B should not add to the problem.
Commissioner Graveley said he had a problem with the Code not
being met in regards to the "owner occupied" and also "only 30%
of floor space being utilized".
Chairman Bryson noted there could not be any further bank erosion
allowed in this area.
Commissioner Glick said that strictly dealing with the B&B
portion of the Code, he could not approve application because it
did not fit all criteria for a B&B.
Chairman Bryson said that the code does not specifically address
trustee in regards to B&B requirements.
Commissioner Bannock said he had no problems with trustee vs.
ownership but the other issue is if a B&B needs to be "owner
occupied". He said he had no objection to the idea for this
development but wanted to find another name for it (lodge,
motel/hotel, etc.), so it would be allowed.
Chairman Bryson reminded Bannock that under a public hearing
situation there must be notification of interested parties prior
to changes to the application.
Commissioner Bannock asked if the Commission had received any
additional correspondence in response to the public hearing
notices?
Chairman Bryson responded, "No" (just letters already
distributed).
Commissioner Bannock said that none of the respondents stated
j they had a problem with the B&B. Bannock said he felt that
RENAI PLANNING & ZONING COMMISSION
July 24, 1991
Page 4
10. PERSONS PRESENT NOT SCHEDIILED
Verbatim•
Sharalyn "Sue" Wright - "Hi, I'm Sue Wright, 1501 Barabara Drive,
new address. I'm not certain exactly what the procedure is, hmm,
Commissioners, last meeting I had requested a CUP for some property
which I presently own at 1501 Barabara drive. I was out of town,
my husband appeared in front of you folks and was not able to .;
answer a number of questions that you had. I'd since contacted, I
believe everyone who testified, and I believe the vote was 2 to 2
to not issue that permit. I'm not certain what prevailing action
is termed as far as if there's going to be any kind of a
reconsideration, but I felt it necessary to clarify any points or
questions that you folks had, prior to the time of being turned
down or approved. I don't think that probably the last meeting was
truly representative of the meeting I want to be satisfied with as
far as answering all your questions. Basically that's what I'm
here for, I'm not certain what your procedure is, as far as asking
me anything that you feel you might want to know."
Commissioner Bannock, "Mr. Chairman, I had just a couple of
thoughts on this, this evening. I spoke with Sue Wright on the
phone and in your letter you said that the house was a rental and
that situation did not work out right. If a rental is okay in
there, what is it about a B&B that you have to have? The title
B&B, why can't you just continue to rent it out with someone, and
if I wanted to rent your house for a night, and knew there was
going to be someone living there, I don't see why, you know I was
thinking about this, what is in there that is gonna require that
Sue Wright have to have a B&B permit to start with, to have an
overnight renter there?"
Commissioner Graveley, "I think what the difference is, is huh, to
get a Bed and Breakfast for advertising purposes, B&B carries
wight, huh, and that aspect and that's where is falls under the
proper codes, under the Bed and Breakfast code."
Sue Wright, "If I may interject, I think I could probably get
around having to get a permit for renting it by the night, and it
would certainly be less work for me, and certainly have involved a
lot less time. I was not aware of that, until this came before the
Commission, and I don't intend on having a guide service there, I
don't intend on having a lodge there. We have put probably in the
last two years, in this building almost $30,000 in damages that
tenants have done, a freeze up in March when I was out of state."
RENAI PLANNING & ZONING COMMISSION
July 24, 1991
Page 5
"I would like, during the summer months to use it as a bed and
breakfast or establishment that will enhance the building. During
the school year I would like to get a nice single, little old lady
with references, who won't tear the place up again, because quite
honestly, I have put three coats of paint on the inside, the
insurance company has just put another, and I don't intend on
having anyone in there again without references and practically a
blood donation I don't have the time. And the building where it's
at, it looks the best and it is the best that it's been since Waldo
and Ruby Coyle owned it." _.
"Now there was some questions about having a trustee apply, and
there, I am prepared to share with you that on the death of Waldo
on May 23rd, the trust at any point, can come to a halt. The
trust, excuse me, can be liquidated, I should say. The trust, at
that point, is liquidated in my name, so not only am I the trustee,
I am the owner of the property if I choose to do that at any time.
I'm waiting for the IRS to tell me that they got the original
paperwork in April before we do that. So, whatever the
circumstances are, I'm the person that has to answer for anything
that goes on in that house."
"Hmm, I think as far as the bed and breakfast goes, I don't object
to living in the home for the summer, it's a nice peaceful place
and you can swing a fishing pole off the front door and catch all
the reds that you want. I have no problem with staying there, I
did hire a while ago, someone to live in the basement apartment for
the specific purpose of taking care of the bed and breakfast, if
that's the route that we choose to go. At this point, I'm gonna
have to honor that agreement with this woman, who is a very
responsible individual whether or not I get this permit, hmm, if
necessary I will stay at the house, my legal address on my
drivers's, ladies and gentlemen has been changed to read 1501
Barabara Drive. Hmm, there's a big penalty for lying on your
driver's license. I'm not going to lie on my driver's license.
Anyone can show up there at 2:00 o'clock this morning and I will be
staying there."
"It is not my intent to deceive anybody. I'm not asking the
Commission to grant me any kind of a permit which will be
objectionable to any of the neighbors, I believe, as long as I
don't have the guide service. Any other questions? And I'm
familiar with the appeal process to the City Council, what I am
looking for is for someone to reconsider this vote. There was a
question about prevailing parties, as far as the vote goes,
originally. Robert's Rules of Order, as far as I can tell, is not
clear, in a tie, who the prevailing party is. We might need a
legal opinion, which will make it another two week process, as far
~ as who should ask for reconsideration, but I feel that I need to
answer all of your questions."
RENAI PLANNING & ZONING COMMISSION
July 24, 1991
Page 6
Art Graveley, "One of the other questions I had on this issue was
brought up that this is a duplex, was a duplex?"
Sue Wright, "Yes".
Art Graveley, "Under the Bed & Breakfast rules, which I think has
some variance on the decision to vote was the way the rules are,
the way the ordinance is, only, no more then 30% of the premise may
be a B&B. Where you get into a black and grey area, is when you
have a duplex and the way I see it, in my perception, is you're
looking at living in one half, that doesn't mean you can rent the
other half out as a B&B. You have to rent it out of the same half,
that's the way I perceive it.
Sue Wright, "Commissioner Graveley, I have a question. The B&B
permit you just issued and approved, is a very similar situation,
it was a grandmother's apartment. And that was approved, I'm not
certain that I can answer that question for you. I guess I could
ask the square footage here."
Commissioner Graveley, "Other then what they had was not "a
duplex."
Sue Wright, "I'm not sure this has ever been zoned a duplex. There
are two apartments one up and one down."
Commissioner Graveley,,."See that was brought up two weeks ago."
sue Wright, "I'm not certain, I may be using the incorrect
terminology."
Commissioner Rehm, "Just as a note, I did add up the square footage
on the last one it was less then 30% and from what I read of the
Code, duplex, single family house, fourplex, has nothing to do with
it, we're talking about 300 of the total floor area."
Commissioner Bannock, "And to rely on a little bit of history, we
had a fourplex in VIP that we gave one quarter of one unit of the
fourplex. We did tackle that issue and we said, it's under this
roof so we gave 25% of this roof and so they got 100% of 1 quarter
of the whole unit."
Sue Wright, "I'm not sure how you guys figure this out."
Commissioner Graveley, "As long as we're running down the same
track."
Chairman Bryson, "Okay, anything else you'd like to present, Sue?"
Sue Wright, "Not a bit, not unless you have more questions?"
~~~
RENAI PLANNING & ZONING COMMISSION
August 28, 1991
City Hall council Chambers
Phil Bryson, chairman
1. ROLL CALL
Present: Phil Bryson, Kathy Scott, Duane Bannock,
Carl Glick, Saylor Rehm, Art Graveley
Administration: Jack La Shot Planning Staff: Loretta Harvey ~~
2. APPROVAL OF AGENDA
MOTION AND VOTE:
Commissioner Glick moved for approval. Commissioner Graveley
seconded. Passed by IInanimous Consent
3. PERSONS PRESENT 3CHEDIILED TO BE HEARD
4. PIIBLIC HEARINGS
a. Reconsideration of Resolution PZ 91-21: Conditional Use
Permit for a Bed & Breakfast - Sharalyn S. Wright
Chairman Bryson introduced the item of reconsideration for a
Conditional Use Permit for a Bed & Breakfast (B&B) for Sharalyn
Wright. He explained that this item had already been acted on by
the Commission, but Administration felt that proper procedures were
not followed, in not allowing additional public testimony as
required by code. Bryson then opened the item to public
discussion.
Phil Nash, Attorney at Law, mailing address, Box 4084, Kenai spoke
representing the applicant. Nash said that his understanding of
the reconsideration was that the only thing being addressed was the
main motion, so he would direct his comments to that.
Nash said it appeared that the two issues that were of concern to
the Commission on the first vote were 1) total number of square
feet used for the B&B versus the total square footage of the
building, 2) whether or not the B&B would be owner occupied. The
testimony of the 24th was that Ms. Wright intended to have this B&B
as a seasonal operation and she would occupy it during those
months. The issue of the total square feet was discussed from
rough drawings and since that time, drawings have been rendered
with total square feet of the three levels of the house. (Nash
presented copies. to the Commission.)
KENAI PLANNING AND ZONING COMMISSION
August 28, 1991
Page 2
b. Reconsideration of Vote on Bed and Breakfast,
Conditional Use Permit - Sharalyn S. Wright
Chairman Bryson reported that the City Attorney and City Manager
had vetoed the Commission's approval of this item, because there
was no public hearing before the vote on reconsideration, at the
July 24th meeting. The next step, as suggested by
Administration, is to reschedule the Public hearing process and
take another vote on the issue.
Jack La Shot said that is what the Administration would like to
do. The Planning Staff would contact the applicant and confirm
that she would like the item to appear before the Commission
again.
Commissioner Bannock, asked if all the previous people involved
in the Public Hearing process would be notified.
Jack La Shot, yes and the Commission would go through the Public
Hearing process again.
Chairman Bryson asked for a motion, reminding the Commission that
~ the previous motion to reconsider was still valid. This would
just be a motion for a revote, after considering Public Hearing
testimony.
MOTION:
Commissioner Rehm moved to set a public hearing on the
reconsideration of a Conditional IIse Permit for a Bed & Breakfast
application for Sharalyn Wright. Commissioner Bannock seconded.
VOTE:
Glick - No Rehm - Yes Scott - Yes Graveley - yes
Bryson - Yes
6. NEW BUSINESS
a. South Central Air Expansion of Hangar on Lease Lands
Jack La Shot explained that this property was currently being
lease by the City. All plans for expansion on City leased lands
must come before the Commission for approval.
Vern Lofstedt, representative for South Central Air, explained to
the Commission the plans for expansion of the hangar. The hangar
J presently is a hangar/office. SCA wishes to add 1600 square feet
to the existing building. All FAA permits have been obtained.
~~
WORK SESSION
RENAI CITY COIINCIL,
PLANNING & ZONING COMMISSION,
TOWNSITE HISTORIC TASK FORCE
July 13, 1993
7:00 Q.m.
Kenai City Council Chambers
ATTENDEES:
Council present: Measles, Swarner, Bookey, Smalley, Williams and
Monfor. Council absent: McComsey.
Planning & Zoning Commission present: Geocke, Bryson, Bannock,
Pierce.
Townsite Historic Tax Force present: Meeks, Tromblee, Arness,
McCard, and Malston.
Staff present: Freas, La Shot, Manninen, Harvey, Graves,
DeForest.
Others: Clarence Ladd, Ethel Claussen, M. Targonsky, Dick
Mueller, Linda Bonewell, Sandra and Paul Vozar, Bob Cowan, Tom
Tomrdle. Others not identified.
DISCIISSION/CERTIFIED LOCAL GOVERNMENT:
Bryson stated the Commission's work reviewed recommendations from
the Task Force. Bryson added the National Trust for Historic
Preservation made some recommendations of what a proposed
commission should include. Bryson added from the Commission's
perspective, they felt the Trust's recommendations for a
commission were generic in comparison of what the Kenai Municipal
Code defines as a commission.
Bryson stated
another layer
deal. Bryson
comments from
to four weeks
steps for dev~
he was concerned another
of government with which
added the Commission had
the group, however, they
to the length of time it
alopment in the Townsite
board/commission would add
the public would have to
no problem with receiving
did not want it to add two
takes to go through the
Historic Zone.
Dorothy McCard stated a commission is required by the Trust in
order to be a certified local government. Arness stated he spoke
with the National Trust and defined a commission by the Code and
they stated they believed a board would be fine. Arness added
the board would not be there to make another layer of government
to circumvent or parallel the Planning & Zoning Commission.
Williams asked if it could be a sanctioned board that would
answer to the Planning & Zoning Commission. Arness stated the
board would be involved in the permitting process and meet only
JOINT WORK SESSION
JULY 13, 1993
PAGE 2
two times a year. However, if a project was created, they would
have additional meetings. Arness stated it would be stipulated
that if a construction permit is requested in this zone, the
permitting process would go through as before, however the board
would review it and forward its comments to Planning & Zoning.
Arness added the Board would answer to Planning & Zoning.
Arness added the local government certification is needed to
acquire certain grants. Arness added the terminology is that of
the National Trust. The wording needs to be in the City's
ordinance to satisfy the Trust that Kenai is a certified local
government. P&Z would have the authority to overrule or
disregard the Board's comments. Approval from the Board would
not be needed to acquire a building permit. The Board would just
have the opportunity to review the building projects.
Williams asked how P&Z felt about having a subcommission or sub-
advisory board. Geocke stated he had no problem unless there are
delays to someone who wants to build because the Board could not
get together. Geocke added if the Board could handle the review,
he thinks it would be great because it is a different outlook
than that of the P&Z Commission.
Commissioner Bannock stated if the Board is needed in order to
get federal grants, etc. then he sees a need. However, in
absence of that, he does not see where it would be an answer
either way.
Williams asked Council their views of seating a board subservient
to P&Z. The Board's primary objective would be to acquire the
designation in order to receive federal grants. Smalley
suggested before establishing the board, a letter be sent to Judy
Bittner (National Trust) outlining the City's intentions and see
if that meets their criteria. Smalley stated he supports the P&Z
Commission.
Bookey stated it is needed in order to do anything. Swarner
agreed. Monfor agreed.
ACTION:
Administration was asked to prepare the basic criteria for the
Board and how it will work along side the P&Z Commission. This
criteria should then be forwarded to Bittner for her review and
comment.
JOINT WORK SESSION
JULY 13, 1993
PAGE 3
Arness suggested another consideration be made: Does Council
really want to do this. If it's a designation in name only and
there is no real intent to do anything in that particular area,
he suggested eliminating the Historical Zone and go back to the
regular zone.
Williams stated he did not think they wanted to do that.
Williams added he is concerned of how much the Board would desire
to keep their group together. Williams added Council would not
be involving itself in that work.
DISCII88ION/BOUNDARY:
Maps included in the packet were reviewed and found to be the
incorrect map of what was suggested by P&Z. Their map included
in the zone the Fish & Wildlife buildings, cemetery, church,
chapel, area south of the chapel ending at Channel Creek.
Tromblee did not feel the Commission's area was large enough.
Sandra Vozar (owner of Toyon Villa Apartments and RV Park) stated
she and her husband have lived in Old Town since 1974 and has not
seen a large amount of development in the area since then. Vozar
stated she did not want to be included in the zone. Vozar stated
she was speaking for Wayne Cherrier that he did not want his
apartments included in the zone either. Vozar stated they did
not want to be restricted as tightly as is proposed. Vozar added
the zone is restricting a lot of property owners in the area as
they are unable to sell the property...it is not marketable with
the restrictions. Vozar stated Old Town should include the
cemetery and church.
Williams stated they did not want to disrupt the use of the area.
Williams stated his vision of the zone is to guide what they want
to see, as well as the structure design. Monfor stated the whole
bluff area was Old Town. This is the historical part of Kenai.
Tom Tomrdle - Stated he came to P&Z in order to build a structure
in Old Town. Tomrdle stated he did all the steps as he was
required.
Bob Cowan - Objected to his property being put back in the zone.
Bryson explained the zoning in the whole area is still Townsite
Historic. Bryson added the idea was to provide more restrictive
JOINT WORK SESSION
JULY 13, 1993
PAGE 4
requirements in the area remaining. Williams stated the zone as
defined now speaks to structures, but not items like RV parks
that do not require a building permit.
Cowan stated with the RV park in the area, his building is no
longer historical. Cowan stated he did not have a problem with
the P&Z boundary as long as his property was not included in it.
Williams stated there are three boundary proposals: (1) covers
the entire area; (2) P&Z's proposal (only takes the portion to
the west of the vertical line that jogs down to the bluff); (3)
Task Force proposal.
Arness stated there have not been any changes the Code since 1987
and the boundary has not changed since then either. The Task
Force, after review, felt the existing boundary coming through
Overland was too small. The Task Force also felt the tideland
area should be included to tie the section together. The Task
Force included area that went to the east to include the old
Kenai Joe's area and Clarence Ladd's property. The Task Force
felt those areas were representative of the type of structures
that were either existing or they would like to have built in the
future.
When the Task Force met with P&Z, it was suggested that instead
of stopping at Cook Avenue that it be expanded to go higher. The
Task Force stopped it at Cook Avenue to the south and to the
east, but it was suggested that it should go to Highland because
there are some existing properties in there that are
representative of what they want. (Task Force suggestion was to
take everything in the purple area [on map], all the way to the
beach, including the low lands and perhaps the triangle jog up in
the area. Essentially, cutting out just the top of
the existing area.)
Bryson stated of the members of P&Z attending at this meeting,
they had no problem including the beach area, the spit and the
bluff in the zone.
M. Targonsky - Stated that before the zoning area was set, the
area was a conservation area and there was no development in the
area.
Cowan suggested the land owners be surveyed in regard to the zone
changes. Williams stated there will be a public hearing for the
JOINT WORK SESSION
j JULY 13, 1993
PAGE 5
ordinance. Vozar stated information should be sent to the
property owners to explain the ordinance.
Dick Mueller - Owns property outside of the zone and the change
would not affect him directly. However, Mueller believes all
government interference delays development.
Bannock explained Mr. Tomrdle came before P&Z with a plan, but
because of the wording in the ordinance, P&Z could not allow the
development. Tomrdle's plan was to build a metal building. The
Code states no metal buildings.
Geocke stated he was involved with the Task Force prior to
becoming a Commission member so has discussed both sides of the
issue. Geocke stated at no time was it meant to restrict
development. They wanted to have guidelines to lend a more
historical flavor to development in the area.
Monfor stated Council struggled with the Townsite Historic for
ten years. At no time have there been property owners without
buildings on their property come to Council or meetings about
this. Cowan stated he has never been contacted about any
meetings. Cowan stated an auxiliary or Old Town Property
Organization to give opinions.
Williams suggested prior to an ordinance being brought to
Council, a copy of the ordinance with boundary information be
mailed to property owners for their review. Public hearing date
information would be included as well. An amendment to the
ordinance could be made at the public hearing to include comments
by property owners who come to the public hearing. Smalley
suggested all three options be included in the mailing.
Vozar suggested information be included about grant funds that
may be available. Williams stated grant monies are nebulous.
ACTION:
Administration to put together a three-page map, along with
ordinance and public hearing information to be sent to all
property owners in the Old Town area. The maps would include one
showing the west side, one the east and west combined, and one
showing the option of the boundary going up and around.
j Option 1: P&Z recommendation to the west, including the beach
below the bluff.
JOINT WORK SESSION
JULY 13, 1993
PAGE 6
Option 2: Task Force recommendation, one boundary.
Option 3: Two boundary.
Monfor asked about when Council put on hold the realignment and
paving of Mission Street. What is happening with that now in
this process. La Shot stated the project was put on hold pending
how these discussions end. La Shot added the project has been
recommended for ISTEA funds.
A copy of the ordinance, copy of the maps, and announcement of
the date of public hearing will be sent to all property owners in
the affected area.
DISCOSSION/ORDINANCE:
a. Multi-Family Structures
Bryson stated the Commission would like to have multi-family
dwellings included in the zone. The Task Force removed them from
the zone. The Commission suggests the ability to grant
conditional use permits to allow 2, 3&4, and 5&6 multi-family
dwellings.
Arness stated there is nothing historical about multi-family
buildings in Kenai. The Task Force wants to limit the area to
smaller structures. They do not want a lot of people living in
the area. Arness added this should be to the benefit to the
existing multi-family structures. This would zone out
competition to the existing structures.
Williams stated if they are zoned out completely there may be
some legal problems. Conditional use permits may be need to be
available.
Williams stated the multi-family structures are restricted by
square footage of lots. Geocke stated persons could pool their
properties in order to build multi-family structures. Arness
stated there are approximately 25 vacant lots that are too small
to use (Mission, Overland and Upland area). Hypothetically, the
property could be resurveyed or grouped to make 12 useful lots
and multi-family structures could be built there. Arness added
their concern is the amount of people occupying the area and the
amount of available space.
JOINT WORK SESSION
j JULY 13, 1993
PAGE 7
Smalley stated there are people in the Old Town area that will be
affected if the boundaries are changed, etc. and will restrict
them from development. If someone purchases the property now,
and the zoning changes, they may not be able to develop the
property as they had planned. Smalley stated his concern about
liability of the city.
ACTION:
Williams suggested the zone be set up for duplexes now and have
Attorney Graves check into the liability aspect.
Measles stated the area already has the restrictions. Some of
the restrictions will be relieved. Swarner disagreed with
Smalley. Bookey stated the smaller the zone, more restrictions
should be included. The larger the zone, the less restrictive it
should be. Bookey added he would be in favor of six-plexes if
they are on a large enough area.
NOTE:
Information sent to property owners should include whether to
allow single family or multi-family structures -- to a maximum of
six-plexes.
b. Review Process
Arness stated the Task Force indicate and request the Board be
involved in the review process. The Task Force left that up to
the Council. However, they feel a stipulation should be included
that the Board has two weeks to make its recommendations to P&Z.
P&Z would take the Board's comments into consideration. If the
Board does not make its recommendations to P&Z by its next
meeting, P&Z goes ahead and makes its decisions without the
Board's comments. Arness stated it was his personal opinion this
would alleviate any concern about another layer of government.
Bannock and Bryson suggested the definition of when the Board is
to act should stated "as needed" or eliminate it.
ACTION:
The Board will meet one hour before P&Z meetings to review
matters of TSH nature. Information regarding development in the
TSH zone will be mailed out to the Board at the same time the P&Z
Commission packet is sent to the Commission. The person applying
JOINT WORK SESSION
JULY 13, 1993
PAGE 8
to develop in the TSH zone should be available to speak before
both the Board and the Commission to answer any questions.
c. Metal Buildings
Bryson stated metal buildings should be definitely added to Page
3 of the P&Z proposal, (3)(a). Bryson suggested it be better
defined, i.e. metal sided or metal structure, etc.
ACTION:
Administration is to work on the language and allow complimentary
metal buildings but disallow square, ragged-edged or quonset but
metal buildings.
d. Membership of Board
Arness stated the National Trust suggests five members to the
Board. Williams stated the Kenai Municipal Code states
membership of boards, committees and commissions to be seven.
ACTION:
Membership to be seven. Williams added persons who wish to serve
on the Board should contact City Clerk Freas for the appropriate
application.
e. ordinance Preparation
ACTION:
The ordinance with map should be ready for introduction at the
September 1, 1993 Council Meeting. The public hearing should be
for the September 15, 1993 meeting.
ADDITIONAL ACTION:
Administration to review comments of the National Trust for
consideration in regard to preparation of the ordinance and maps.
ADJOIIRNMENT: The work session ended at approximately 9:10 p.m.
Min es tra rib and submitted by:
Caro L. Fre s, City Clerk
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AGENDA
RENAI CITY COIINCIL - REGIILAR MEETING
JOLY 21, 1993
7:00 P.M.
RENAI CITY COONCIL CHAMBERS
BOARD OF ADJIISTMENT HEARING - APPEAL OF JACK & MARY RECR AND
JIINETTA AND EDWARD CALL
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)
1. Bill Dunn/Dave Yraqui - Redoubt Industries - Kenai
Congregate Housing
2. Barry Thomson - Resource Development Council
Membership.
C. PIIBLIC HEARINGS
~~ed G/. 1. Ordinance No. 1552-93 - Increasing Estimated Revenues
and Appropriations by $95,172 in the Capital Project
Fund Entitled, "Airport Safety/Security Gates."
2. Ordinance No. 1553-93 - Decreasing Estimated Revenues
~5~~ ~' and Appropriations by $13,975 in Two Senior Citizen
Funds.
3. Ordinance
~1~~~ ~~ Entitled,
4. Ordinance
~55~ a and Appro~
Result of
No. 1554-93 - Amending KMC 14.20.290
"Appeals - Board of Adjustment."
No. 1555=-93 - Increasing Estimated Revenues
?riations by $16,533 in the General Fund as a
Receiving Three Library Grants.
l~ ~-~.
-1-
~55 e~ 5. Ordinance No. 1556-93 - Amending the Kenai Municipal
Code by Enacting 23.40.140 and 23.40.150 and Amending
23.40.130 (Family Leave).
~
~ 6. Ordinance No. 1557-93 - Increasing Estimated Revenues
59 and Appropriations by $521,627 in the General Fund for
Purchase of a Fire Department Aerial Device.
~5~°~Q ~ 7. Resolution No. 93-56 - Accepting Eight State of Alaska
Municipal Grants.
~ ~. 8. Resolution No. 93-57 - Establishing the Authorized
Sge Signatures for Withdrawal From Depositories of
Municipal Funds.
Q~
~ ~ 9. Resolution No. 93-58 - Awarding a Contract for the
~
/ Construction of the 1993 Kenai Municipal Airport -
Airport Security Gates Project to Jahrig Electric for
the Total Amount of $209,600.16.
10.
~' Resolution No. 93-59 - Requesting the Kenai Peninsula
Borough to Register Vehicle-for-Hire Drivers for the
Collection of Sales Tax on Their Fares.
~~5~ /~. 11. Resolution No. 93-60 - Transferring $3,578 in the
General Fund for a Computer Aided Design System.
D. COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
7. Miscellaneous Commissions and Committees
E. MINUTES
1. *Regular Meeting of July 7, 1993.
F.
G. OLD BUSINESS
-2-
H. NEW BIISINE88
'%~rp~~ 1. Bills to be Paid, Bills to be Ratified
~~~"O//P-~ 2 . Purchase Orders Exceeding $1, 000
3. *Ordinance No. 1558-93 - Amending KMC 22.05.040(c) and
(d) to Clarify Lessees' Right to Negotiate the Sale of
Their Leased Land, at Not Less Than the Fair Market
Value, After Leasing the Land for a Two-Year Period.
4. *Ordinance No. 1559-93 - Increasing Estimated Revenues
and Appropriations by $4,050 in the General Fund From
the Reserve for Athletic Expenditures.
~~~i?7UP~ 5. Approval - Dedication Plaque - Kenai Courthouse
Project.
I. ADMINISTRATION REPORTS
1. Mayor
2. City Manager
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works Director
7. Airport Manager
J. DISCIISSION
1. Citizens (five minutes)
2. Council
R. ADJOIIRNMENT
-3-
KENAI PENINSULA BOROUGH
PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
CONFERENCE ROOM B
SOLDOTNA,ALASKA
July 26, 1993 7:30 P.M.
Tentative Agenda
John Hammelman
Chairman, Areawide
Term Expires 1993
Philip Bryson
Vice Chairman
Kenai City
Term Expires 1995
Wayne Carpenter
PC Member
Seward City
Term Expires 1996
Robert C/utts
PC Member
Anchor Point
Term Expires 1995
Wes Coleman
PC Member
Soldotna City
jm Expires 1996
Leroy Gannaway
PC Member
Homer City
Term Expires 1995
Debra Horne
PC Member
Kasilof Area
Term 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
T<~m Expires 1994
A.
B.
C.
CALL TO ORDER
ROLL CALL
~~~ ~ d ~
,~lL 2 2193
,a
....~.~
~r
APPROVAL OF REGULAR AGENDA AND ADOPTION OF
CONSENT AGENDA
1. Time Extensions -None
2. Plats Granted Administrative Approval
a. Glacier View S/D No. 22
KPB File 93-028
b. Stout Subdivision No. 2
KPB File 93-063
c. Mansfield Subdivision 1993 Subdivision of Tract G
KPB File 93-020
d. Alaska State Land Survey 92-138
KPB File 93-046
e. C.L. Hatton, Eagle's Crest Addition
KPB File 87-035
3. Coastal Zone Management Consistency Review -None
4. Informational Items
a. Conclusive Consistency Determinations
b. Kenai/Soldotna; FONSI/EA; Alaska National Airspace
System Intertacility Communicat=on System (ANICS);
Federal Aviation Administration; :~K930624-30A
c. Kachemak Bay; Jakalof Bay 8/Project Modification;
Aquatic Farm; Elvsaas; AK9306-36AA
d. Kenai/Soldotna; Water Rights; Robinson; LAS 13112
e. Kachemak Bay; Little Jakalof Bay 1; Floating Dock;
Rhyneer/McKay; AK930518-38A
f. Kenai River; Kenai River 297; Boardwalk; Flotre;
A K930625-31 A/1-930130
g. Cooper Landing; Dock Relocation/Modification; Kenai
River 150; Bethe; AK9307-05AA/M-840287
h. Kenai River; Floating Dock; Mower; FG-II-0531
Don Gilman, Mayor
Richard Troeger
^!anning Director
,.taria Sweppy
Administrative Asst.
5. Commissioners
a. Excused Absences
b. Swearing in of New Commissioners
1) Wayne Carpenter
2) Wes Coleman
6. Approval of Minutes
a. July 12, 1993
D. PUBLIC HEARINGS
1. Vacate a portion of Trapper Lane public right-of-way
adjacent to Lot 3-A, Block 1, Kuchta Estates Subdivision
Part One. Sec 28, T7N, R11W, S.M., AK
KPB File 93-102
E. VACATION PETITIONS NOT REQUIRING A PUBLIC HEARING
1. Thompson Park S/D, Lots 1 8~ 2, Block 6
PC Resolution 93-20: Vacating a ten foot utility easement
within Lot 1; and vacating a ten foot utility easement within
Lot 2; all within Block 6, Thompson Park Subdivision (Plat
K-1047 KRD). Section 6, Township 5 North, Range 10 West,
Seward Meridian, City of Kenai, Kenai Recording District,
Alaska.
KPB File 93-105
2. Centennial SID Part 2, Lot 2
PC Resolution 93-21: Vacating a portion of a ten foot utility
easement within Lot 2, Centennial Subdivision Part 2 (Plat
83.283 KRD). Section 27, Township 5 North, Range 11 West,
Seward Meridian, Kenai Recording District, Alaska.
KPB File 93-104
3. Brown's Lake S!D 1982, Lot 1
PC Resolution 93-22: Vacating a ten foot utility easement
within Lot 1, Brown's Lake Subdivision 1982 (Plat 82-40
KRD). Section 32, Township 5 North, Range 9 West, Seward
Meridian, Kenai Recording District, Alaska.
KPB File 93-099
F.
G.
SPECIAL CONSIDERATIONS
1. Irons SID Lot 8, Block 7 -Building Setback Exception
Resolution 93-23: Granting an exception to the twenty foot
building setback limit for a portion of Lot 8, Block 7, Irons
Subdivision (Plat 72-5 KRD). Section 20, Township 5 North,
Range 9 West, Seward Meridian, Kenai Recording District,
Alaska.
KPB File 93-107
2. Cottonwood Acres No. 17 -Exception to Certificate to Plat
requirement
KPB File 93-112
3. Spring Water Subdivision -Time Extension - Replat and
vacation of portion of Kyllonen Drive
KPB File 92-034
4. Keystone Estates Part 2, Lot 29, Block 2 -Exception of
Zoning District Requirement
5. Naming an Unnamed Private Road East of Soldotna to
Lorna's Road. Section 23, T5N, R10W, Seward Meridian.
CONSIDERATION OF PLATS
1. Forest Creek; Epperson Knob Area;
Preliminary; Seabright Surveying
KPB File 93-106
2. Oceanview S/D Addn 10; Seward City;
Preliminary; Johnson Surveying
KPB File 93-108
3. Road River S/D No. 2; Crooked Creek;
Preliminary; Johnson Surveying
KPB File 93-112
4. Kiel S/D Addn No 1; Kenai City;
Preliminary; Whitford Surveying
KPB File 93-109 (WITHDRAWN BY SURVEYOR)
5. Hoot Owl Mini Ranches No 2; North Fork Road;
Prelimin~~y; Mullikin Surveying
KPB File 93-110
6. Cottonwood Acres No 17; South of Murwood Drive;
Preliminary; Eastham
KPB File 93-111
7. Paragon View Estates No. 2; Hutler-Bald Mt Road;
Final-Rev; Mullikin Surveying
KPB File 93-045
H. COASTAL ZONE MANAGEMENT -None
I. OTHER/NEW BUSINESS
J ASSEMBLY COMMENTS
K. DIRECTOR'S COMMENTS
L. COMMISSIONER COMMENTS
M. ADJOURNMENT
The next regularly scheduled Planning Commission meeting is
August 9, 1993 at 7:30 p.m. in Conference Room B at the Borough
Building in Soldotna.
CITY OF KENAI PLANNING AND ZONING COMMISSION
PUBLIC HEARING SIGN-IN SHEET
Subject of Hearing: \ ~ ~ ~ 3 "~-- 1 °~ ~ ~ - 3
Date of Meeting:
NAME
ADDRE
3-30 ~I~
CITY OF KENAI PLANNING AND ZONING COMMISSION
NAME - ADDRESS NAME - ADDRESS
~ ~~~~~~
/G/~ ~r9r~~t k~d2 l~`FN~a,'
0~
RES #93-
PLANTIING AND ZONING CO MISSION
MEETING DATE
. ~,.'~
-~ J`~ .N J~ ~°~
Q. ~ N3` ~s ~ ~ r
~~ex~'
*Last Vote
TO DO LIST:
ROLL CALL
Duane ~(
Bannock 1 , (
Y , j
`(
~~ 1
Charlie Pierce ~ 2 ~ L~ y 2
Carl Glick -- 3 ~" -- 3
Ron Goecke y ~, 4
Lori `~
McComsey 1 ~ $
Kevin Walke~, ~ ~1 ~ 6
Phil Bryson*~ ~~ ~~
Councilman
Smalley