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HomeMy WebLinkAboutPZ1988-09 CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ ~~'"9 A UTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING) DENYING) A REQUEST FOR A CONDITIONAL USE PERMIT AS AU BY 14.20.150 OF THE KENAI ZONING CODE FOR ~ located by WHEREAS, the Commission finds: 2. That this request is located on land zoned ~~ ~ 3. That the proposed use is (permitted)(not permitted) not addressed as a Conditional Use in this zone as specified in the Kena ing Code Land Use Table. 4. That the applicant has demonstrated with plans and other documents that he can and will meet the following specific requirements and conditions-as set forth in Sec. 14.20.150(b-1}: [i] [ii] 5. That a duly advertised public hearing as required ~b~y Sec 14.20.280 was conducted by the Commission on ~~-`~=` ~~ 6. That the following additional facts have been found to exist: CONDITIONAL USE PERMIT Page 1 of 2 ~° 1. That an application meeting the requirements of Sec. 14.20.150(c-1) has been submitted and received on ~' 02 ~~ Resolution ~~ ~~~ Page 2 of 2 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 the proposed development meets the conditions required for said proposal and therefore the Commission (does)(does not) authorize the administrative official to issue the appropriate permit. PASSED by the P a~ning and Zoning Commiss}.o,~ of th City of Kenai, p Alaska, this ~ day of /(~~ 19 U ~ , CHAIRMAN ~ ATTEST: J net A. Loper, lanning Secretary CONDITIONAL USE PERMIT 8/88 KENAI PLANNING & November 9, 1988 Page 12 aING COMMISSION ~ and they made me divide it into four ten acre tracts with a 200' buffer all along Beaver Loop Road and 100' buffer on the other sides. Between these, I could only develop one ten acre tract and I had to present a complete housing development on that ten acre parcel and a restoration program after I had extracted the gravel from the ten acres. Then before I could open up the next ten acres there had to be 100' of screening of trees between those two ten acres. Then the two back ten acres, there had to be another 100' screening between them. What it wound up was 1/3 of the land was screening. The folly of it is when I had finished with this one ten acre tract and I started to open up another ten acre tract and I didn't have any houses on the first ten acres then there's going to be a scream about trucks running by the first ten acres so you can see it's folly. My contention is if I'm forced to do this and I spent two years with the Planning Commission and it cost a lot of money and a lot of time and they didn't even have a gravel ordinance. Commissioner Roberts: Mr. Cone would you say that ten acres is too small? Answer yes. With the screening it made me wind up with eight acres. Commissioner Bannock: I wouldn't know if ten acres is enough or not, but I see nothing about ten acres in this book. I think we need to know a lot more about this. Chairman Nault: The Commission can impose whatever conditions it wants to on a conditional use permit based on input from public hearings and I assume that is what happened in Mr. Cone's case. Commissioner Bannock: Then I think it's extremely important that we be consistent. Planning Specialist: I'll do the research and then you have a better chance to see. c. Resolution PZ88-9: Conditional Use Permit for Bed & Breakfast and Guide Service - Lot 1, Caro S/D - Smith (Reconsideration) MOTION: Commissioner Glick moved to reconsider, seconded by Commissioner Bryson. VOTE: Motion passed Commissioner O'Reilly - yes Commissioner Roberts - yes Commissioner Bannock - no Chairman Nault - yes Commissioner Bryson - yes Commissioner Glick - yes Chairman Nault called for comments from the public, there were none. NOTE: At this point a member of the audience asked to be heard on the previous issue. The Commission agreed to allow the gentleman to speak directly following this item. .~._ ~_,.~~.-~- ~~~. ...._ ._~,~--~_~--~- .-.~-,~~ _._a_ . _____-.-..~ - _-_ _-Y-.a~ _.r._,~...__~ _ _ . ~ ._ _ _ _ KENAI PLANNING & _ .QING COMMISSION November 9, 1988 Page 13 ~ MOTION: Commissioner Roberts moved to approve PZ88-9, seconded by Commissioner Bannock MOTION AMENDMENT: Commissioner Glick moved to amend by approving per the letter submitted by the applicants on 9/3/88 with the amendment to use 300 of the total floor area, plus one person can be employed outside of the family, and three boats for the guide service, seconded by Commissioner Bryson Commissioner Glick: And that falls under what we've done tonight at the work session and the home occupation criteria. Chairman Nault asked the applicants if there would be any problems with those restrictions answer none. VOTE AMENDMENT: Motion passed unanimously by roll call vote VOTE MAIN MOTION: Motion passed unanimously by roll call vote NOTE: A member of the audience asked to speak to item 4-b. a. Jeffrey Smith: I am not an adjoining property owner of the Hollier pit but we are in negotiations to purchase 16 acres that do adjoin that pit and it is my understanding that the people that own the 16 acres are Beaver Loop Partnership which I was told Byron Holsky (sic) of Anchorage not Holliers of Kenai. I don't have any objections as yet to the Hollier pit except that I don't know how he is going to have access to his pit unless it would be across the ~-Beaver Loop Partnership pit which I would object to. Planning Specialist Loper: As far as I know it is a matter of public information who owns what property. I believe the Borough records show Mr. & Mrs. Hollier of Box 366 Kenai and Beaver Loop Partnership, Mr. & Mrs. Hollier of 4150 Vista Court, Anchorage. Mr. Smith: In the event that he is permitted to open this gravel pit up which is mostly uncleared at this time, as far as I know the only access to that property will be across the 16 acres. My only objection would be, right now he has verbal permission to cross that property but at that time he would not be able to. There is no easement provided to my knowledge into the gravel pit that he's speaking about. The Commission agreed that this would be a matter between the parties rather than the Commission at this point. 5. APPROVAL OF MINUTES of October 26, 1988 Minutes were approved as submitted.