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Home My WebLink About2014-07-09 Planning & Zoning PacketPUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA Iss: Bryan Potts being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the P&ZAgenda a printed copy of which is hereto annexed was published in said paper one each and every one for one successive and consecutive day in the issues on the following dates: July 8, 2014 X SUBSCRIBED AND SWORN to me before day of July 2014 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27-Aug-16 CITY OF KENAI , PLANNING & ZONING COMMISSION � AGENDA July 9, 2014 - 7:00 P.M. hft[)://www.ci.kenai.ak.us 1. SCHEDULED PUBLIC COMMENT: None 2. CONSIDERATION OF PLATS: None 3. PUBLIC HEARINGS: a. PZ14-15 - Application for Variance Permit for a side yard setback variance for the property known as 308 Rogers Rd., Lot 8, Block 5, Inlet View Subd., Third Addn., Part One, submitted by Brad Frates, 308 Rogers Rd., Kenai, AK 99611 A. UNFINISHED BUSINESS: None 5. NEW BUSINESS: None Wilma Anderson Planning & Zoning Administration Publish: July 7, 2014 D288/211 R% N4TARh V' PUBLIC �r A 9�'OF Pk'P PUBLISHER'S AFFIDAVIT UNITED STATES OF AMERICA, STATE OF ALASKA SS: Bryan Potts being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the P & Z Agenda a printed copy of which is hereto annexed was published in said paper one each and every one for two successive and consecutive days in the issues on the following dates: July 1 & 3, 2014 x 3M®/ SUBSCRIBED AND SWORN to me before 3rd d of. July 2014 NOTARY PUBLIC in favor for the State of Alaska. My Commission expires 27-A -16 CITY OF KENAI PLANNING & ZONING COMMISSION .. PUBLIC HEARING NOTICE 210 FIDALGO AVENUE KENAI, ALASKA 99611-7794 hftp://i4ww.cl.kenai.ak.us The following public hearings have been scheduled for the Planning and Zoning Commission meeting of July 9, 2014: a. PZ14-15 —Application for Variance Permit for aside yard setback variance for the property known as 308 Rogers Rd., Lot 8, Block 5, Inlet View Subd., Third Addn., Part One; submitted by Brad J. Frates, 308 Rogers Rd., Kenai, AK 99611 The meeting will commence at 7= p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. For more information please contact Wilma Anderson at 283-8237. Publish: July 1, 3, 2014 Wilma Anderson Planning & Zoning Administration �A:ye RUS V, NOTARr ftBLICQ" F D282/211 COMMISSION CHAIR REPORT July 9, 2014 REGULAR COMMISSION MEETING REQUESTED SUPPORTING MATERIALS ADDED TO PACKET BY: D: 10b Tentative Agenda July 14, 2014 - Kenai Peninsula Borough Planning Commission; Tentative Agenda July 14, 2014 - Kenai Peninsula Borough Plat Committee Administration Philip Bryson Chairman Kenai City Term Expires 2016 Paulette Bokenko- Carluccio PC Member City of Seldovia Term Expires 2015 Alice Joanne Collins PC Member Anchor Point/ Ninilchik Term Expires 2016 Cindy Ecklund PC Member City of Seward Term Expires 2017 Dr. Rick Foster Parliamentarian Homer City Term Expires 2016 Mari Anne Gross PC Member Southwest Borough Term Expires 2014 Sandra Key Holsten PC Member East Peninsula Term Expires 2016 James Isham PC Member Sterling Term Expires 2015 Harry Lockwood PC Member Ridgeway Term Expires 2016 Blair Martin Vice Chairman Kalifornsky Beach Term Expires 2015 Paul Whitney PC Member City of Soldotna Term Expires 2017 Robert Ruffner PC Member Kasilof/Clam Gulch Term Expires 2015 KENAI PENINSULA BOROUGH PLANNING COMMISSION GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 July 14, 2014 - 7:30 P.M. Tentative Agenda A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (') are consent agenda items. Consent agenda items are considered routine and non -controversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. *1. Time Extension Request - None *2. Planning Commission Resolutions - None *3. Plats Granted Administrative Approval ............... *4. Plats Granted Final Approval (20.10.040) - None *5. Plat Amendment Request - None *6. Utility Easement Vacations a. Vacate the west 150-feet of the north 10-foot ................... portion of the 20-foot utility easement within Lot 2 with the 10-foot utility easement along the south boundary and the eastern -most 20-foot portion to the north to remain for access to the water service utility to Lot 3, which was granted by Halcyon Subdivision Phillips Addition (Plat KN 2005-66); within Section 31, Township 5 North, Range 10 West, Seward Meridian, Alaska, and within the Kenai Peninsula Borough and the City of Soldotna. KPB File 2014-080. PC Resolution 2014-13. Petitioner: Brian L. Shackleton Living Trust of Soldotna, Alaska. Location: City of Soldotna b. Vacate the 10-foot by 300-foot utility easement ................ along the south boundary of Lot 15-C granted by Gage Subdivision (Plat KN 81-21): within Section 18, Township 5 North, Range 8 West, Seward Meridian, Alaska and within the Kenai Peninsula Borough. KPB File 2014-094. PC Resolution 2014-18. Petitioners: Ronald G. and Kateryna Kruckenberg of Anchorage, Alaska. Location: On Midway Drive in Sterling. 27 Jason Tauriainen PC Member Northwest Borough Term Expires 2017 Max J. Best Planning Director Mike Navarre Borough Mayor -7. Commissioner Excused Absences a. Philip Bryson, City of Kenai b. Rick Foster, City of Homer C. Robert Ruffner, Kasilof / Clam Gulch d. Paul Whitney, City of Soldotna "8. Minutes a. June 23, 2014 Plat Committee Minutes b. June 23, 2014 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made. E. UNFINISHED BUSINESS PUBLIC HEARINGS Resolution 2014-16; An application to modify an existing conditional land use permit for a material extraction site on a parcel in the Nikiski area. The project under consideration is described as follows: Applicant / Landowner: Dwight Ross. Parcel ID#: 012-080-22. Legal Description: NW'/4, NW %, NW %, Section 1, Township 7 North, Range 12 West, Seward Meridian, State of Alaska. Location: The extraction area is located at the north end of Bakers Road on the west side of the road. Bakers Road joins the Kenai Spur Highway near Milepost 26. Proposed Land Use: The applicant wishes to modify his existing permit to eliminate the buffer on the east side of the extraction area. 2. Resolution 2014-17; An application for a conditional land .............. use permit application for material extraction on a parcel in the Nikiski area. The project under consideration is described as follows: Applicant / Landowner: Kenai Peninsula Borough, Parcel ID#: 013-020-13. Legal Description: South %, Northeast %, Section 22, Township 8 North, Range 11 West, Seward Meridian, State of Alaska. Location: The extraction area will be on the southwest side of Kishka Street at approximately 54655 Kishka Street. Kishka Street joins the Kenai Spur Highway near Milepost 32. Proposed Land Use: The applicant wishes to obtain a permit for a material extraction site on approximately 27.3 acres within the parcel listed above. G. ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18) C :f Resolution 2014-14; A conditional use permit application ...................... g0 has been received from the Alaska DOT repair eroding bank along the Kenai River. Work will include adding rip -rap revetment at the mile post 57 of the Sterling Highway to protect the road from potential wash -out within the 50-foot Habitat Protection District of the Kenai River. Reguest and Location: A Conditional Use Permit pursuant to KPB 21.1$ for the addition of riprap, rock back -fill material and organic material to stimulate vegetation on the Kenai River along with grade work associated with this activity. This project is located on right banks Kenai River adjacent to the Sterling Highway in the ADOT right-of-way, located in Section 36, T5N, R5W, SM, AK (parcel # 025-180-03). Description as Stated in Permit Application: Alaska DOT is proposing stream bank protection due to erosion of the bluff along the Kenai River at mile post 57 of the Sterling Highway, The river bank on the outside bend of the Kenai River is eroding along the road embankment and threatens the Sterling Highway. The ADOT will install approximately 6,000 cu. yds. of Class III and 3,100 cu. yds. of Class IV riprap above and below ordinary high water (OHW) to form a bench at the base of the stream bank and establish a 1.5:1 slope to stabilize the bluff. At the top of the bank to promote environmental objectives, a bench of organic backfill vegetated with native species will be placed to promote riparian vegetation. Planting of two native species trees for every tree removed will be completed at the end of the project. Petitioner: Alaska Department of Transportation and Public Facilities, PO Box 196900, Anchorage, AK 99519-6900. H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None I. SPECIAL CONSIDERATIONS 1. C.M. Brumlow 1969 Tract B Resub...................................................... 106 Lot 2 Building Setback Exception KPB File 2014-085 Resolution No. 2014-15 Petitioner: Michael Hollingsworth, Plant Manager for Alaska Oil Sales Location: West of K-Beach Road in Soldotna J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 13 preliminary plats. K. OTHER/NEW BUSINESS L. ASSEMBLY COMMENTS M. LEGAL REPRESENTATIVE COMMENTS N. DIRECTOR'S COMMENTS 0. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED Seward Planning Commission Meeting Minutes ................................124 ............. - May 6, 2014 Kenai Planning & Zoning Commission Minutes.................................................131 - May 28, 2014 NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held Monday, August 11, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Anchor Point An chor Point Chamber of Commerce July 8, 2014 August 5, 2014 7:00 p.m. Cooper Landing Cooper Landing CommunityHall August 6, 2014 6:00 m. P Hope / Sunrise Hope Social Hall August 7, 2014 7:00 p.m. The Kachemak Bay and Funny River Advisory Planning Commissions are inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2215 Fax: 907-714-2378 e-mail address: Plan ning(cDborough.kenai.ak,us web site: www.borou h.kenai.ak.us/)lannin__cdel�t MEMBERS: Alice Joanne Collins Anchor Point / Ninilchik Term Expires 2016 Sandra Holsten (August) East Peninsula Term Expires 2016 James Isham Sterling Term Expires 2015 Harry Lockwood (July & September) Ridgeway Term Expires 2016 Robert Ruffner Clam Gulch/Kasilof Term Expires 2015 Jason Taufiainen Northwest Borough Term Expires 2017 ALTERNATES Rick Foster Southwest Borough Term Expires 2017 Paul Whitney (August & September) City of Soldotna Term Expires 2017 KENAI PENINSULA BOROUGH PLAT COMMITTEE GEORGE A. NAVARRE ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. July 14, 2014 Tentative Agenda A. CALL TO ORDER B. ROLL CALL 1. Election of Officers (Chairman & Vice Chairman) C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. Robert Ruffner, Clam Gulch / Kasilof 3. Minutes a. June 23, 2014 Plat Committee Minutes D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Stone Hollow Estates Phase 4................................................................. 1 KPB File 2014-083 [Segesser / Bangerter] Location: Stone Hollow Drive in Soldotna 2. Van Ryzin Sub 2014 Replat.................................................................... 20 KPB File 2014-071 [Integrity / Van Ryzin] Location: West of Scout Lake Loop in Sterling 3. Moose Range Meadows 2014 Addn..................................................... 47 KPB File 2014-081 [Integrity / Salamatof Native Assoc.] Location: On Funny River Road in Soldotna 4. Marvel Manor Sub Phase 4................................................................... 66 KPB File 2014-084 [Integrity / Hanson] Location: On High Point Avenue in Sterling 5. Jimani Sub 2014 Addn.......................................................................... 79 KPB File 2014-090 [Integrity / Tew, Tatsumi] Location: On Jimani Court in Soldotna 6. Homewood Sub 2014 Addn.................................................................... 98 KPB File 2014-091 [Integrity / Cowell, Sunde] Location: On Joshua Tree Avenue in Soldotna 7. McDonald Spit Sub Paine Family Addn................................................109 KPB File 2014-092 [Integrity / Paine] Location: Seldovia area 8. Willow Creek Acres 2014 Replat..........................................................128 KPB File 2014-082 [Johnson / Hokkanen] Location: East of Sterling Highway in Homer K-Bay APC 9. Big 'T' Homestead Sub 2014 Addn....................................................... 145 KPB File 2014-086 [Johnson / Vasko] Location: On Lichen Street in Kasilof 10. Lake Land Sub No. 7............................................................................155 KPB File 2014-087 [Johnson / Ritter] Location: On Paris Circle in Soldotna 11. Schwanke Sub 2014 Replat..................................................................173 KPB File 2014-088 [Johnson / Lucas, Moustakis] Location: On Sterling Highway in Sterling 12. Snoopy Acres No. 2..............................................................................195 KPB File 2014-089 [Johnson / Dobbs] Location: On Linus Street in Clam Gulch area 13. Spring Mountain Sub Voss Addn.......................................................... 212 KPB File 2014-093 [Ability / Manwiller] Location: On Tracy Avenue North of East End Road F. FINAL SUBDIVISION PLAT PUBLIC HEARING G. OTHER / NEW BUSINESS H. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED I, ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held Monday, August 11, 2014 at the Kenai Peninsula Borough George A. Navarre Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone:907-714-2215 Fax:907-714-2378 Phone: toll free within the Borough 1-800-478-4441, extension 2215 e-mail address: lannin Lborouch_kenai.ak.us web site: www.borough.kenai.ak.us/rr,lannini_det 2 CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 9, 2014 - 7:00 p.m. 1. CALL TO ORDER: a. Pledge of Allegiance b. Roll Call c. Agenda Approval d. Consent Agenda e. *Excused Absences ➢ Phil Bryson *All items listed with an asterisk (*) are considered to be routine and non- controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: a. *June 25, 2014 .....................................................1 .............................................. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ14-15 — Application for Variance Permit for a side yard setback variance for the property known as 308 Rogers Rd., Lot 8, Block 5, Inlet View Subd., Third Addn., Part One, submitted by Brad Frates, 308 Rogers Rd., Kenai, AK 99611.............5 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council......................................................................................................21 b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) 12. INFORMATIONAL ITEMS: a. Code Enforcement Report — 2"d Quarter, 2014.................................................25 b. Building Permits — 2"d Quarter, 2014...............................................................27 c. Planning & Zoning Resolutions — 2nd Quarter, 2014........................................29 13. NEXT MEETING ATTENDANCE NOTIFICATION: July 23, 2014 14. COMMISSION COMMENTS & QUESTIONS: 15. ADJOURNMENT: 0�� CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 25, 2014 - 7:00 P.M. CHAIR JEFF TWAIT, PRESIDING MINUTES 1. CALL TO ORDER Chair Twait called the meeting to order at 7:00 p.m. a. Pledge of Allegiance Twait led those assembled in the Pledge of Allegiance. b. Roll Call Roll was confirmed as follows: Commissioners present: Chair J. Twait, D. Fikes, G. Pettey, H. Knackstedt, K. Peterson, Nate Kiel Staff/Council Liaison present: Mayor Porter, City Planner F. Krizmanich, City Clerk S. Modigh, Planning Assistant W. Anderson. A quorum was present. c. Agenda Approval MOTION: Commissioner Knackstedt MOVED to approve the agenda and Commissioner Peterson SECONDED the motion: There were no objections. SO ORDERED. d. Consent Agenda MOTION: Commissioner Peterson MOVED to approve the consent agenda and Commissioner Knackstedt SECONDED the motion. There were no objections. SO ORDERED. e. *Excused Absences — P. Bryson, *All items listed with an asterisk (*) are considered to be routine and non -controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission 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. 2. *APPROVAL OF MINUTES: May 28, 2014 Approved by the consent agenda. 3. SCHEDULED PUBLIC COMMENT: (10 Minutes) — None. 4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) — None. 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ14-16 —Application for Variance Permit for a setback variance for the property known as 200 Trading Bay Rd., Lot 1, Block 4, Cook Inlet Industrial Air Park. Submitted by A & K Enterprises, 200 Trading Bay Rd., Kenai, AK 99611. City Planner Krizmanich reviewed the staff report included in the packet dated June 25, 2014 and recommended approval of the variance noting the storage yard is a permitted conditional use in the Central Mixed Zone. Further advising that the addition of Building 3 will provide covered storage and the applicant installed a site obscuring fence along Trading Bay Road and Granite Point Street. MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-16 along with staff findings and recommendations. Commissioner Peterson SECONDED the motion. Chairman Twait opened the public hearing, there being no one wishing to speak, public hearing was closed. VOTE: YEA: Twait, Fikes, Knackstedt, Peterson, Kiel, Pettey NAY: MOTION PASSED. Chairman Twait advised of the 15 day appeal period. b. PZ14-17 —Amendment of the Land Use Table in KMC 14.22.010 to provide for airports as a conditional use in the Central Commercial, General Commercial, Light Industrial and Heavy Industrial zone districts City Planner Krizmanich reviewed his memorandum included in the packet dated June 25, 2014 and recommended amending the Land Use Table making airports a Conditional Use in the Central Commercial, General Commercial and Industrial Zone Districts. PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 2 MOTION: Commissioner Knackstedt MOVED to approve Resolution No. PZ14-17 and Commissioner Fikes SECONDED the motion. Chairman Twait opened the public hearing. Kristine Schmidt, Kenai resident spoke in favor of the Resolution and recommended additional amendments to the conditional use permit ordinance. There being no one else wishing to speak, public hearing was closed. The Commission discussed setting standards for the conditional use permit application in addition to the current criteria and the opportunity for appealing a permit once granted. VOTE: YEA: Twait, Fikes, Pettey, Knackstedt, Peterson, Bryson NAY: MOTION PASSED UNANIMOUSLY. 7. UNFINISHED BUSINESS: None 8. NEW BUSINESS: None 9. PENDING ITEMS: None 10. REPORTS: a. City Council - Mayor Porter reviewed the Action Agenda for the June 181h Council Meeting and noted the opening of the new City shop, the upcoming 4th of July parade, and.dip net season beginning in July. Mayor Porter also provided an update on the green space for 41h Avenue and Forest Avenue. b. Borough Planning — No report. c. Administration — no, report. 11. INFORMATIONAL ITEMS: None 12. NEXT MEETING ATTENDANCE NOTIFICATION: July 9, 2014 Commissioners Twait and Bryson will not be in attendance. PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 3 13. COMMISSION COMMENTS & QUESTIONS: Commissioner Knackstedt noted the importance of the commission voicing their findings or recommendations along with administration. 14. ADJOURNMENT: There being no further business before the Commission, the meeting was adjourned at 7:36p.m. Minutes prepared and submitted by: Sandra Modigh, CIVIC City Clerk PLANNING AND ZONING COMMISSION MEETING June 25, 2014 Page 4 STAFF REPORT To: Planning & Zoning Commission Date: July 9, 2014 Res: PZ14-15 GENERAL INFORMATION Applicant: Brad J. Frates Requested Action Legal Description Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS General Information: Variance — Side Yard Setback Lot 8, Block 5, Inlet View Subd., One 308 Rogers Rd. 04916034 Suburban Residential 2 Residential Neighborhood Residential Third Addn., Part The subject property is zoned Suburban Residential 2, which requires a fifteen foot side yard setback for a two-story residence. The code requires that accessory structures meet the same yard (setback) requirements as the principal structure (the residence). If an accessory structure is 120 square feet or less, it may be placed within 5 feet of the side lot line (KMC 14.20.200). The Applicant is applying for a ten foot side yard variance where fifteen feet is required to create a five foot side yard setback to place a 240 square foot storage building on the property. The dimensions of the proposed building are 20 feet long, 12 feet wide and 12 feet high. KMC 14.20.200 provides exceptions to the yard requirements as follows: (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (1) Covered but unenclosed passenger landings, or storage sheds of not more than one hundred twenty (120) square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than five feet (5') to an adjoining lot; (2) Covered but unenclosed passenger landings, or storage sheds of not more than two hundred (200) square feet, with no side or end longer than sixteen feet (16'), and not more than one (1) story in height may extend into the rear yard, but such structure shall not be closer than five feet (5') to the rear lot line; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within five feet (5') of any lot line; (4) A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1/3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(1) and KMC 14.20.200(a)(2), setbacks, per development tables, must be maintained if structure requires a building permit; (5) For purposes of this section one (1) story in height is a maximum of twelve feet (12') high as measured from the ground to the highest point of the subject structure roof. KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. 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 zoning district. Staff Comment: The lot width is similar to all of the lots on the same side of Rogers Road in this subdivision. It does not appear that there are special conditions or circumstances that are peculiar to this site, which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. Staff Comment: The request for additional storage space appears to be caused by the actions of the applicant. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. Staff Comment: A storage shed is an allowed accessory to the permitted principal use in the Suburban Residential 2 zone. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. The applicant seeks a variance that reduces the side .yard setback to five feet along the property line between Lot 8, Block 5, and Lot 9, Block 5, Inlet View Subd., Third Addn., Part One. The staff opinion is that there are areas in the rear yard to place a storage shed to comply with the required 15 foot side yard setback. We do sympathize with the applicant's desire to preserve the view plane for themselves and their neighbors; however, a five foot setback does not seem appropriate for this large of an accessory building. The staff notes that a single story principal building in this zone would only require a five foot side yard setback, while a split level home would require a 10 foot side yard setback. The variable setback appears to be intended to provide for reasonable access for building maintenance and for natural light. A possible compromise may be consideration of a five foot variance for a 10 foot side yard setback to allow a minimum variance that will provide for the reasonable use of the property. Staff Comment: The granting of the variance will enhance the use of the available space on the property owner's lot. The minimum variance that the staff can support is five feet to maintain a 10 foot side yard setback that is consistent with other accessory structure setbacks in this zone district. 5. 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. Staff Comment: This variance request is not based on other nonconforming land uses or structures related to this particular property and zoning district. RECOMMENDATIONS The staff cannot recommend the granting of this variance because the current conditions which exist are not peculiar to this property. The need for the proposed building has been created by the applicant and the location has been chosen for the convenience of the applicant. The adjacent property will be negatively impacted by the close proximity of the proposed structure to the property line. The requested variance does not appear to be the minimum necessary to allow the reasonable use of the property. ATTACHMENTS: 1. Application 2. Drawings 3. Resolution APPLICATION FOR A VARIANCE PERMIT KMC 14.20.180 RECEIVED CITY OF KENAI JUL 18 2014 -Z;� PLANNING DEPARTMENT OWNER Name: Brad & Melisa Frates Mailing Address:308 Rogers Road PETITIONER REPRESENTATIVE IF ANY) Name: Mailing Address: City, State, Zip: Kenai, AK 99611 City, State, Zip: Phone Number: 907-283-5315 Phone Number: Fax Number: Fax Number: Email: mbfrates mail.com Email: PROPERTY INFORMATION Property Tax ID #: 04916034 Site Street Address: 308 Rogers Road Current Legal Description: T5NR11 WSEC4 INLET VIEW SUB 3RD ADD. PART 1 LOT 8 BLOCK 5 Variance Requested For: (Describe the project, and use additional sheets if necessary) See attached Sheet. Zoning: Sub. Residential 2 Acreage: 0-26 DOCUMENTATION Required Attachments: Completed Application Form Site Plan/Floor Plan with Square Footage Plans must show location/elevation of all existing and proposed buildings or alterations $125 Fee (plus applicable sales tax) O APPLY FOR A VARIANCE - 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 variance 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 variance. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning 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. 9/18/2013 Page 1 of 4 VARIANCE PERMIT (KMC 14.20.180) Section 14.20.180 of the Kenai Municipal code outlines regulations for a variance permit. A variance permit is the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUTLINED IN KMC 14.20.180 BELOW. VARIANCE STANDARD (KMC 14.20.180) The Planning and Zoning Commission shall establish a finding that all the conditions (c)(1) through (c)(5) of this section have been found to exist as a prerequisite to issuance of a variance permit. The burden of proof rests with you. Feel free to use additional paper if needed. 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other land or structures in the same land use or zonino district: Please refer to attached sheet for answers to these sections. 2.The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience; 3.The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located; 9/18/2013 Page 2 of 4 4.The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure: 5.The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning district: LAND USE Describe current use of property covered by this application. - Residential Surrounding property: (Describe how land adjacent to the property is currently being used) North: Residential South: Residential East: Residential West: Residential Reset Form 9/18/2013 Page 3 of 4 Page 1 of 2 APPLICATION FOR A VARIANCE PERMIT KMC 14.20.180 Owner: Brad and Melisa Frates Address: 308 Rogers Road, Kenai, AK 99611 Legal Description: T5NR11WSEC4 INLET VIEW SUB 3RD ADD. PART 1 LOT 8 BLOCK 5 Variance Requested for: We are requesting that the City of Kenai approve a 5 ft. side easement for a proposed 12' x 20' storage shed. Specifically, we are requesting a relaxation of the requirement in 14.20.200 (a) (Accessory Structures) that a storage shed be subject to the same easement requirements as the primary structure (15 ft. in our case). Interestingly, the way in which the statutes are written, one could achieve an equal amount of storage space by building 2 each 10' X 12' (240 square ft. total) storage sheds back to back with a 5 ft. easement. No permit or variance would be required to do this. I've included a plan and perspective view of what this would look like for your information. We assert that one 12' X 20' storage shed (same 240 square ft. of storage) is more esthetically pleasing and more cost effective. We have discussed this issue with our neighbor on that side of us (Mr. Peter Mantovi) and he has indicated that he is supportive of a variance being granted. I intend to secure a letter from Mr. Mantovi to this effect and have it available at the July 9th meeting of the Planning & Zoning Commission. Section 1 Our lot is a view lot. Not all properties classed as Suburban Residential 2 have views. If we didn't have a view, a storage shed of this size could easily be constructed in the back yard without the need for a variance. But, because of the narrowness of the lot (82% the size of our home, and the need to not obstruct our or our neighbor's view out the back of the lot, there is only one logical location for a storage shed of this size (12' x 20'). This location is shown in the attached plan and perspective images. The overall height of the shed roof ridge will be less than 12 ft. Section 2 Just like everyone else on our side of the street, we paid a premium for our lot because of the views of the Kenai River flats and the Kenai Mountains. Protecting those views for ourselves and our neighbors is the special condition that must be considered here. Granting of this variance request will enhance the use of the available space on our lot without obstructing our or our neighbor's views. Part (a) of 14.20.180 (Variance Permits) really sums up the spirit and intent of the variance option: "A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real propertX."The proposed shed will be esthetically pleasing (similar siding as our home), will not impact our neighbor's use of his property, and will afford us the reasonable use of our property. I have spoken to Mr. Peter Mantovi (owner of property adjacent to ours) about this project and he has no objections. The shed will serve a secondary purpose as a "fence" for additional privacy for both Mr. Mantovi and ourselves. Revision 6/18/14 Page 2 of 2 Section 3 Granting of this variance request will not authorize a use that is not a permitted principal use in the applicable zoning district. Section 4 The variance requested is the minimum variance that will provide for the reasonable use of our property. Section 5 This variance request is not based on other nonconforming land uses or structures related to this particular property and zoning district. Revision 6/18/14 0-4 3a Ii! 'I� C!1 Ci' U 1-4 U 7� 03 > Q O O c-1 Z Z rff 00 e� /llJfllllfifJ//CI N M s µ 226 'Ao CO Pik Lil Zd :1 ID o,co.�ym 3 7 0 N 3 G as 0, 0CD»3 CL CD < _ID ID fD CD o 3 CD Q M CD D N _S = C CD cn O n j N CD 00 fi c�j.0p 01000 n C S c CD y o z o t� Z r � 2 —ml < 00 — {moo OOo m Z C � cp 0 V "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / Fax: 907-283-3014 www.ci.kenai.ak.us KENAI, Ku CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ14-15 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A TEN FOOT FRONT SIDE YARD SETBACK VARIANCE WHERE 15 FEET IS REQUIRED TO ALLOW A FIVE FOOT SIDE YARD SETBACK. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANT'S NAME AND ADDRESS: BRAD J. FRATES, 308 ROGERS RD., KENAI, AK 99611 PROPERTY LOCATION: 308 ROGERS RD., LOT 8, BLOCK 5, INLET VIEW SUBD., THIRD ADDN., PART ONE 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 City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on June 18, 2014; 2. This request is located on land zoned as Central Commercial Zone 3. Parent Borough Parcel No: 04916034 4. That the applicant seeks a variance that reduces the 15 foot side yard setback to five feet along the easterly boundary of the property. 5. a. 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. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non -conforming land uses or structures within the same land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on July 9, 2014. 7. Applicant must comply with all Federal, State, and local regulations. 8. Applicant must apply for a building permit prior to beginning construction of the storage building. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 9T" DAY OF JULY, 2014. CHAIRPERSON: ATTEST: Jeff Twait, Chairman Sandra Modigh, City Clerk ACTION AGENDA KENAI CITY COUNCIL — REGULAR MEETING JULY 2, 2014 7:00 P.M. KENAI CITY COUNCIL CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 http://www.ci.kenai.ak.us A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) *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. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker,• thirty (30) minutes aggregated) 1. POSTPONED AS AMENDED TO AUGUST 201. Ordinance No. 2761-2014 — Amending the Kenai Municipal Code, Title 23, "Personnel Regulations," Chapters 23.05 General Provisions, 23.10 Categories of Service, 23.15 Administration, 23.25 Compensation, 23.30 Personnel Policies and Procedures, 23.35 General Conduct, Discipline, Termination, and Appeal, and 23.40 Benefits to Update Personnel Regulations with State and Federal Law, and Make Technical Changes, and Corrections. [Clerk's Note: Ordinance was postponed from the June 18fh meeting, motion to approve is on the floor.] 2. ENACTED UNANIMOUSLY. Ordinance No. 2767-2014 — Amending the Kenai Municipal Code, Chapter 23.55 Entitled "Pay Plan" to Include, the Fiscal Year 2015 Operating Budget Pay Schedules. 3. ENACTED UNANIMOUSLY. Ordinance No. 2768-2014 — Appropriating Funds in the Multi -Purpose Facility Capital Project Fund. 4. ENACTED UNANIMOUSLY. Ordinance No. 2769-2014 — Appropriating Transfers for FY2015 Budgeted Capital Projects in the Municipal Roadway Improvements Capital Project Fund, the Parks Improvement Capital Project Fund, and the Airport Improvements Capital Project Fund. 5. ENACTED UNANIMOUSLY. Ordinance No. 2770-2014 — Accepting and Appropriating a Grant in the Amount of $200,000 from the State of Alaska for Upgrade and Renovation Design at The City's Wastewater Treatment Facility. 6. ENACTED UNANIMOUSLY. Ordinance No. 2771-2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of an Alternate Access on the City's South Beach for Personal Use Fishery Participant Access. 7. ENACTED UNANIMOUSLY. Ordinance No. 2772-2014 — Accepting and Appropriating a Grant in the Amount of $250,000 from the State of Alaska for Kenai Recreation Center Capital Project Fund. 8. ENACTED UNANIMOUSLY. Ordinance No. 2773-2014 — Accepting and Appropriating a Grant in the Amount of $1,900,000 from the State of Alaska for Construction of a New City Light/Heavy Equipment Storage Building. 9. ENACTED UNANIMOUSLY. Ordinance No. 2774-2014 — Accepting and Appropriating a Grant in the Amount of $400,000 from The State of Alaska for Purchase of a Replacement Fire Pumper/Engine. 10. ENACTED UNANIMOUSLY. Ordinance No. 2777-2014 — Authorizing the City Manager to Reimburse Annual Leave Used by Firefighter Peter Coots for Attending a Paramedic Internship Program. 11. ENACTED UNANIMOUSLY. Ordinance No. 2778-2014 — Repealing and Re -Enacting KMC 2.40.020 — Approval by Council, to Remove the Requirement that the Council Enter Findings into the Minutes of the Council Prior to Approving a Notice of Non -Objection for the Renewal of Licenses and Permits Regulated by the Alcoholic Beverage Control Board And Making other Updates. 12. ENACTED UNANIMOUSLY. Ordinance No. 2779-2014 — Waiving the Requirement of KMC 17.10.020(c) — Connection Standards and Costs, that Requires Service Lines to be Installed Off a Main Line that is Adjacent to the Owner's Property and Allowing for a Service Line in the Right -Of -Way for the Parcel Located at 1207 5th Court in Kenai. 13. ADOPTED UNANIMOUSLY. Resolution No. 2014-46 — Retroactively Authorizing the City Manager to Renew the City's Insurance Coverage with Alaska Public Entity insurance (APEI) to Commence July 1, 2014 and End June 30, 2015 and Sign a Letter of Commitment for Coverage for the Period of July 1, 2014 through June 30, 2017. Kenai City Council Meeting July 2, 2014 14. ADOPTED UNANIMOUSLY. Resolution No. 2014-47 — Approving the Purchase of One Police Vehicle through State of Alaska Equipment Fleet Contract Pricing Contract. 15. ADOPTED UNANIMOUSLY. Resolution No. 2014-48 — Awarding an Agreement for Design of Wastewater Treatment Plant Improvements 2014. 16. ADOPTED UNANIMOUSLY. Resolution No. 2014-49 — Awarding an Agreement for Construction of Automated Flight Service Station Phase Two Restroom Improvements 2014. E. MINUTES 1. APPROVED BY CONSENT AGENDA. *Regular Meeting of June 18, 2014 F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. APPROVED BY CONSENT AGENDA. *Action/Approval — Bills to be Ratified. 2. APPROVED BY CONSENT AGENDA. *Action/Approval —Purchase Orders Exceeding $15,000. 3. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 161. *Ordinance No. 2780-2014 —Amending KMC 12.40.010-Definitions, to Include and Regulate the Use of Electronic Cigarettes and the Smoking of Non - Tobacco Plant Based Materials the Same as the City Currently Regulates Smoking Tobacco. 4. INTRODUCED BY CONSENT AGENDA/PUBLIC HEARING SET FOR JULY 16T". *Ordinance No. 2781-2014 — Amending KMC 1.85.050 - Refusal or Failure to Disclose, to Amend and Clarify Consequences for Refusal or Failure to Timely File Required Financial Disclosure Information. 5. DIRECTION PROVIDED TO ADMINISTRATION. Discussion/Action — Council Direction for Compliance of Section 4.3 - Official Bonds of the Kenai Municipal Charter. H. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission 6. Planning and Zoning Commission 7. Beautification Committee Kenai City Council Meeting Page 3 of 4 July 2, 2014 8. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager 2. City Attorney 3. City Clerk K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments L. EXECUTIVE SESSION — None Scheduled. M. PENDING ITEMS Ordinance No. 2748-2014 — Amending Kenai Municipal Code 1.90.020 - Duties, to Provide that Boards, Commissions, and Committees Act in an Advisory Capacity to Council. [Clerk's Note: At its May 20th meeting, Council postponed this ordinance to the August 20th meeting.] N. ADJOURNMENT INFORMATION ITEMS 1. Purchase Orders between $2,500 and $15,000 for Council Review. 2. Correspondence from the State of Alaska DCCED, Advising of City of Kenai's Appropriated Fy2015 Designated Legislative Grants. 3. Jim Beeson's Resignation from the Parks & recreation Commission and the Mini - Grant Steering Committee. The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us. Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907-283-8231. Kenai City Council Meeting Page 4 of 4 July 2, 2014 //k "'Villae with a Past, Gi with a Future" sL - V n 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 - Telephone: 907-283-7535 / FAX: 907-283-3014 IIIII.F t1lC city'o 1992 V MEMO: TO: Planning & Zoning Commission THRU: Francis Krizmanich, City Planner FROM: Wilma Anderson, Planning Assistant DATE: July 3, 2014 SUBJECT: Code Enforcement Action 2014 2nd Quarterly Report Planning & Zoning currently has eleven (11) active code cases: Debris & Junk Vehicles 0 Debris & Junk 9 Cases transferred to Legal Department/Civil Penalties being assessed. 1 Building Code Violation *1 TOTALS: 11 Code Enforcement Action during the months of April — June 2014: Closed Cases 3 Opened Cases 7 *Administration is currently working with one (1) individual property owner to eliminate violations without taking formal action. During the month of June, 2014, the City of Kenai placed dumpsters at 306 Kulila Place and mailed letters to 30 property owners in the Aliak/Lawton Dr. neighborhood informing that these dumpsters were available for their use in cleaning up their property. The City also provided assistance in the removal of large items from properties. Property owners who did not take advantage of the clean-up campaign and are in violation of Kenai Municipal Code have been notified of violations. These cases will be reflected on the third quarter report. THIS PAGE INTENTIONALLY LEFT BLANK s W W oo coao 0o c000 co W W m W cb ` n Cn CA cn cn cn cn cn cn cn cn cn M t0 0 0 0 0 0 0 0 0 0 0 0 0 0 co (3)cn A OD C7p C.) 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CD - Cn (A4 OD Cn O O O 7 N O Cl3 O 0 O CD O (n (n W 7 f20'O � a p CD p �:� i i a _ —* A a co CD X N CD chi, 9 v w a `G m pl 0 3 N N ^ O O d CD ° Ea N CD Cl to O (a CD 3 co N N Cp n CD CD 0) Cfl ^� N go (70 ca N y -a = N N o v' U1 D o° 3 O to W CD N co N ,� N CCDD go D N CD 0 CD d y O � CD f1 go CO p O f11 7 7 N ffl to CDCD CD N (fl EA N T N N Gj CA Cn C. cn w A N N O W 60 O CA O N O O O O O Cn 00 4 N O O o O o 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 0 0 O 0 0 o Cl o 0 0 0 0 0 0 0 0 0 Cl ;u x n 0 n ;u X n 2 X 2 n n n a O Planning and Zoning Resolutions - 2nd Quarter 2014 116 Conditional Use Permit 201407 Cabin Rentals 5/14/2014 Approved Amend KMC 201408 Transitional Housing/Homeless Shelter 5/28/2014 Approved Adopt KBIP 201409 Kenai Business Improvement Program 5/14/2014 Approved Amend KMC 201410 Emergency Shelter 5/28/2014 Approved Variance Permit 201411 Variance to front setback from 20 feet to 7 feet 5/28/2014 Approved Variance Permit 201412 Variance to side setback from 10 feet to 5 feet 5/28/2014 Approved Preliminary Plat 201413 Kenai Townsite 2014 Addition 5/28/2014 Approved Variance 201416 Front yard setback variance from 20 feet to 11.5 feet 6/25/2014 Approved Thursday, July 03, 2014 Page 1 of 1 THIS PAGE INTENTIONALLY LEFT BLANK