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Home My WebLink AboutResolution No. PZ2025-28K~NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2025-28 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO TEMPORARILY ALLOW AN ACCESSORY BUILDING ON PARCEL WITHOUT MAIN BUILDING OR USE ON A PARCEL DESCRIBED AS LOT 6, BLOCK 5, MOMMSENS SUBDIVISION REPLAT ADDITION NO. 1, LOCATED AT 1012 THIRD STREET IN THE SUBURBAN RESIDENTIAL (RS) ZONING DISTRICT. APPLICANT: Emmet Heidemann PROPERTY ADDRESS: 1012 Third Street LEGAL DESCRIPTION: Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 KENAI PENINSULA BOROUGH PARCEL NUMBER: 03913106 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code (KMC) 14.20.150 was submitted to the City on August 20, 2025; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to KMC 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on September 10, 2025, following requirements outlined in KMC 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findin gs: The Suburban Residential (RS) Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The owner of the property is planning to build a new residential structure on the above- named parcel. Prior to the development, the owner/applicant has requested the temporary use of a shipping container (colloquially called a ConEx or connex) to securely store building materials and/or tools during the construction phase while not in active use. Due to logistical issues, it is not always practical for the owner/applicant to be on site to oversee the security of procured materials and tools. The conditional use of an accessory building on (a) parcel without (a) main building or use is allowable per KMC 14.22 -Land Use Table and 14.20.200 -Accessory Structures. Resolution No. PZ2025-28 Page 3 of 4 Goal 1 -Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Ensure that Kenai is a community where people and property are safe. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 -Land Use is to develop land use strategies to implement a forward-looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findin gs: City water is available and adequate for the proposed use. Prior to the development of the dwelling, a replat would be needed to merge lots together to allow for a septic system, or a sewer line would need to be extended along Third Street. These considerations have been discussed with the owner/applicant. Consideration of this conditional use permit will drive further development decisions by the owner/applicant. Third Street is a gravel road that is not City-maintained. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findin g s: The storage container will be securely locked when not in use and positioned away from any right of way. Staff finds there will be no impact to public safety, health, or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findin gs: Staff finds that allowing a temporary accessory structure without a main building does not cause any adverse impacts on the surrounding properties. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to allow the temporary use of a storage container. This accessory structure would be located on a parcel without a main building or use to allow for the development of a new residential structure at 1012 Third Street, on the property described as Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 in the Suburban Residential (RS) Zoning District. STAFF REPORT PLANNING & ZONING DEPARTMENT Kl;NAI TO: FROM: DATE: SUBJECT: Request Planning and Zoning Commission Kevin Buettner, Planning Director September 3, 2025 · Resolution PZ2025-28 -Conditional Use Permit -Temporary Accessory Structure Without Main Building The applicant is requesting to temporarily place a storage container at 1012 Third Street. Staff Adopt Resolution PZ2025-28 approving a Conditional Use Permit to temporarily allow an accessory building on a parcel with no main Recommendation building at 1012 Third Street, in the Suburban Residential (RS) Zoning Applicant: Legal Description: Property Address: KPB Parcel No.: Lot Size: Zoning: Current Use: Land Use Plan: SUMMARY District. Emmet Heidemann Mommsens Sub Replat Addn No 1 & 2, Lot 6, Blk 5 1012 Third St. 03913106 14,810 square feet (.34-acres) Suburban Residential (RS) Vacant Lot Suburban Residential (RS) The Applicant is requesting to temporarily place a storage container at 1012 Third Street, located north of Redoubt Avenue along Third Street. A Conditional Use Permit (CUP) is required to place an accessory building on a parcel without a main building or use in the Suburban Residential (RS) Zoning District. r L Staff finds the proposed use would not impair the economic and noneconomic value of adjacent properties and neighborhood. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. Findings : The Land Use Pl~n, from the 2016 Comprehensive Plan, identifies the subject property with the Suburban Residential (RS) land use classification. The RS Land Use Classification is defined in the Comprehensive Plan: Suburban Residential is intended for single-family and multi-family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a pave standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The surrounding uses consist of empty lots to the north, empty lots to the east, empty lots to the south, and empty lot and a single-family residence to the west. The area is zoned as Suburban Residential surrounding this parcel. The proposed conditional use is temporary, but will result in a new residential dwelling being constructed in an area that is beginning to see more demand and is already served with city utilities. The proposed use of the property as proposed is consistent and in harmony with several goals in the 2016 Comprehensive Plan. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 -Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 Ensure that Kenai is a community where people and property are safe. Objective Q-4 Establish siting and design standards so that development is in harmony and scale with surrounding uses. Goal 3 -Land Use is to develop land use strategies to implement a forward- looking approach to community growth and development. Objective LU-2 Promote the infill of existing, improved subdivision lots. Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 3 of 5 [ 3. The conditional use expires thirty (30) days from the certificate of occupancy being issued. 4. Upon request, the applicant or applicant's representative shall meet with City staff for an on-site inspection. ATTACHMENTS Aerial Map Application Mommsens Sub Replat Addn No 1 &2 Subdivision Plat Resolution No. PZ2025-28 Conditional Use Permit Temporary Accessory Structure Page 5 of 5 Use of surrounding property -north: n~cr;-; pA',,;-T;1.;I'"" Use of surrounding property -south: ,I/ [ Use of surrounding property -east: .I" Use of surrounding property .. west: ~ Explain how the conditional use is in harmony with the City's Comprehensive Plan: --f#~ /.S 7L /},O~ 5'70,'L# EU, '7'1J d~ Ufe.'P ~hLJI" .:T ~~W!f' s o/P/@ ~ _,,, / ..:>A>Pr -,-4) /J ll/-4;P ~y /(o+L' Are public services and facilities on the property adequate to serve the proposed conditional use? I y',/4.S Explain how the ~onditional use will not be harmful to public safety; health, or welfare: 1 If /1 d-0/114f--S T;,t11tv/U ~ /11? 4 7 ~ A./4<-S ,/o-c /c.;,7'-",<~ B ".;'-;c::v4 ft"'f 4 · Are there any measures with access, screening, site development, building design, or business operation that will lessen potential impacts of the conditional use to neighbors? j()" ~ ?/1',c /It,{' /'f ~~/ld,L 8/5-,<~ s )'/;It'll!.,, /A-{t --,#6 5)~6 ~/<.DA 71(& n_ O;tl/~,, :IT /$' .,t/J',,'fV,4.y 1,.,.J cood'I? /J "£'4 f-'~~ V~ AJ'( kt:. s 6,,£, ~ p /f.o It, d71zC~A /,eb/;(/ITY' AUTHORITY TO APPLY FOR CONDITI-ONAL USE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a conditional use permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the conditional use. I also understand that assigned hearing dates are tentative and may have to be postponed by P.lanning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. . "' Signature: ~~ ffe.-!1,, ~~~ I Date: l./onvgA-,~ Print Name: l6'1!,h J,t.'T /.I!!'/ ~~~l;rJtl::/§ysiness: I ~/q:, For City Use Only Date Application Fee Received: PZ Resolution Number: N l I I -- '- \Toi .... \ ~===~~~__; Vit\1'iH--,nttn1 ,•,..toco' ftetr' in-:;r~~~i}.?Jr~~r~'ttJi:~\·! :"~~;f~: ~: ~!A~?:-1~:F~fi~~~~i\:i~: 11i{~~fi:i,il. 1't1t of f.\'rth Sr. ll'°lc'I '""'"'"'i'"'11 ,11h• lltt tt,1.\tH11 'tt•d1 m...:l timl ,.t~ .J 'Fl•thh1 Aon. ~n ... c.t11te ... \,w.. A Rrplaf of mommrrn'f A~~ ifi◊n> 1<cni:1i-Al!l{RO ~-Rl!O ---1,..•.-.:.__,Jllft.-• .. 11-t.:!-'/'-"u :=·~:;;-t-; 1_--:"' ~ :::..:==.:.=-.:: P, .. ('Ots',.i!'t!CI; AMi\,t-11,ko.\1 ~;~~i!sf ~i1~~,~1;'!f _:i,1!~~: ~ ~~l~t~;•;·;T\!(~~;1~~1,.:,.tt::l\,~r;m:~~· ~·~t,1 ( 1 i~\1:.t~f~:1~t~;.1;~::~~y).~~~:1 ti\t!!\~:.iJ~~t!f~~!~}~r.)~]l!i~t~i:t\~r,l~· 2e,.'71fa .. 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