HomeMy WebLinkAbout2014-11-12 Planning & Zoning PacketPUBLISHER'S AFFIDVIT
UNITED STATES OF AMERICA,
STATE OF ALASKA
Georgia Putney
) SS
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 Meeting Agenda
a printed copy of which is hereto annexed was
Published in said paper one each and
every day for one successive and
consecutive day
following dates:
November 7, 2014
in the issues on the
SUBSCRIBED AND WORN to before me
this 7th day, of November 2014
M 1CAkw
NOTARY PUBLIC in and for the
State of Alaska.
My Commission expires 16-Jul-18
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
November 12, 2014 - 7:00 P.M.
hfto://www.ci.kenai.ak.us
I. SCHEDULED PUBLIC COMMENT: None
2. CONSIDERATION OF PLATS:
a. PZ14-23 — Preliminary Original Killen Estates 2014 Replat,
Submitted by Integrity Surveys, 820 Set Net Drive, Kenai,
Alaska 99611
b. PZ14-25 — Preliminary Original Parks Subdivision Zubeck
Addition, Submitted by Integrity Surveys, 820 Set Net Drive,
Kenai, Alaska 99611
3. PUBLIC HEARINGS:
4. a. PZ-14-24 — Application for Variance Permit for a back yard
setback variance the property known as 1503 Toyon Way, Lot
2, Block 6, Redoubt Terrace Subd Addn. 3, submitted by Mary
Copple, 1503 Toyon Way, Kenai, AK 99611
4.. UNFINISHED BUSINESS: None
5. NEW BUSINESS: None
Publish: November 7, 2014
Wilma Anderson
Planning & Zoning Administration
D432/211
PUBLISHER'S AFFIDVIT
UNITED STATES OF AMERICA, )
) SS
STATE OF ALASKA )
Georgia Putney 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 Public Hearing Notice
a printed copy of which is hereto annexed was
Published in said paper one each and
every day for two successive and
consecutive days
following dates:
November 3, 5, 2014
in the issues on the
SU SCRIBED AND S ORN to before me
th 5th ay of November 2014
NOTARY PUBLIC in and for the
State of Alaska.
My Commission expires 16-Jul-18
CITY OF KENAI
' PLANNING & ZONING COMMISSION
PUBLIC HEARING NOTICE
210 FIDALGO AVENUE
KENAI, ALASKA 99611-7794
htto :/lwww.ci.kenai.ak. us
The following public hearings have been scheduled for the Planning and
Zoning Commission meeting of November 12, 2014:
a. PZ14-24 — Application for Variance Permit for a rear yard setback
variance for the property known as 1503 Toyon Way, Lot 2, Block
6, Redoubt Terrace Subd., Addn. 3, submitted by Mary Copple,
1503 Toyon Way, Kenai, AK 99611
The meeting will commence at 7:00 p.m. in the Kenai City Hall Council
Chambers at 210 Fidalgo Avenue, Kenai, Alaska. For more information
please contact Wilma Andersen at 283-8237.
Wilma Anderson
Planning & Zoning Administration
Publish: November 3, 5, 2014.
eS
I�►
%4
®C ,*
D425/211
COMMISSION CHAIR REPORT
November 12, 2014
REGULAR COMMISSION MEETING
SUPPORTING MATERIALS ADDED TO PACKET REQUESTED
DD.
2a Draft copy of minutes from October 22, 2014 Planning & Zoning
Commission meeting g g Administration
5a PZ14-23 Memorandum to Commissioners and Substitute Preliminary Administration
Plat of Killen Estates 2014 Replat which shows the location of a utility
easement located on the west property line of Tract 37A and the
addition of plat note number 8.
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
OCTOBER 22, 2014 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commissioner 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: G. Pettey, H. Knackstedt, K. Peterson, N. Kiel, J. Twait, P. Bryson
ryson
D. Fikes
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, Planning Assistant
W. Anderson
A quorum was present.
c. Agenda Approval
MOTION:
Commissioner Knackstedt MOVED to approve the agenda including additional items provided
by Administration as a laydown; Commissioner Peterson SECONDED the motion. T
no objections; SO ORDERED. here were
d. Consent Agenda
MOTION:
Commissioner Peterson MOVED to approve the consent agenda and Commissioner B son
SECONDED the motion. There were no objections; SO ORDERED. ry
e. *Excused Absences — Commissioner Fikes
*All items listed with an asterisk (*) are considered to be routine and non -controversial b
the Commission and will be approved by one motion. There will be no separate discussion
removed from the Consent Agenda and considered in its normal sequence on the agenda
of these items unless a Commission Member so requests, in which case the item will be
as part of the General Orders.
2. *APPROVAL OF MINUTES —September 24, 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:
a. PZ14-22 — Preliminary Original "Triple C" Subdivision, Submitted by Ability Surveys, 152
Dehel Ave., Homer, AK 99603
MOTION:
Commissioner Knackstedt MOVED to approve Resolution No. PZ14-22. Commissioner
Peterson SECONDED the motion.
Chairman Twait opened the public hearing; there being no one wishing to speak, public hearing
was closed.
MOTION TO AMEND:
Commissioner Knackstedt MOVED to amend Resolution No. PZ14-22 by substitution and
Commissioner Bryson SECONDED the motion.
City Planner Kelley reviewed the staff report provided in the packet and outlined the revised
conditions of the substitute resolution.
VOTE ON AMENDMENT:
YEA: Kiel, Pettey, Peterson, Knackstedt, Twait, Bryson
NAY:
MOTION PASSED UNANIMOUSLY.
VOTE ON MAIN AS AMENDED:
YEA: Kiel, Pettey, Peterson, Knackstedt, Twait, Bryson
NAY:
MOTION PASSED UNANIMOUSLY.
6. PUBLIC HEARINGS: None
7. UNFINISHED BUSINESS: None
Punning and Zoning Commission Meeting
October 22, 2014
Page 2
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council — Knackstedt reviewed the action agenda of the October 15th council
meeting and noted a work session was held on October 6th to determine state and
federal capital improvement priorities for FY2016.
b. Borough Planning — Bryson reported the last meeting was cancelled due to lack of a
quorum.
c. Administration — Memorandum Regarding Future Presentation on Site Visits.
Commission concurred to have the City Attorney provide more information on the topic; .
Kelley reported on the upcoming APA training and travel.
11. INFORMATIONAL ITEMS:
a. Code Enforcement Action — 3' Quarter Report
b. Building Permit Report — 3rd Quarter
c. Planning & Zoning Resolutions Report — 3rd Quarter
12. NEXT MEETING ATTENDANCE NOTIFICATION: November 12, 2014
13. COMMISSION COMMENTS & QUESTIONS
Commissioner Kiel congratulated Commissioner Knackstedt for being elected to city council.
Commissioner Knackstedt said he thoroughly enjoyed participating on the commission and
recommended commissioners become familiar with the code.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at 7:28p
p.m.
Minutes prepared and submitted by:
Sandra Modigh, CMC
City Clerk
Planning and Zoning Commission Meeting
October 22, 2014
Page 3
"'ililla 9 e with a Past, Gi with a Future"
�
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / FAX: 907-283-3014 tll��l
1992
u
MEMORANDUM,
TO: Planning and Zoning Commission
FROM: Matt Kelley, City Planner
DATE: November 12, 2014
SUBJECT: PZ14-23 Substitute Preliminary Plat — Killen Estates
The purpose of this correspondence is to present a Substituted Preliminary Plat
submitted by Integrity Surveys for PZ14-23.
SUBSTITUTE PRELIMINARY PLAT:
In the Staff Report, staff discussed that a Water Service Utility Easement is located at
the west property line of Tract 37A and functions to serve the subject parcel with public
water. As noted in the staff report, this subject easement was created via Document
Number: 2012-012093-0.
Based on the comments received from the Public Works Department, staff
recommended Condition B to require the showing of the utility easement on the Final
Plat. Based on this Condition, staff discussed this with the Applicants Surveyor and
recommended that the Preliminary Plat be revised to include the Water Service Utility
Easement. Furthermore, staff also discussed the adding of an additional note regarding
how the subject lots were served with public water.
Thus, staff would like to recommend that a Substitute Preliminary Plat of Killen Estates
2014 Replat be submitted to replace the current Preliminary Plat of Killen Estates 2014
Replat. As noted above, the substitute plat contains both the Water Service Utility
Easement and information regarding location of the water service as Note 8.
Page 1
GaSlAaW
¢ W N
KQN
<
F �
<<
2
SWS
FF JO UJ
tnO
LjW<
�K
N
S
QY Wi
NAM ^
I�
O
3
�Qa=F
oo�}�
SFN
�WO-Yd•
ZW
a�
vl
WF-
Uo_
tog.x
Nod
a 1pi�m'f,w
Pa
(n
�aW
<rcUwF�
�
iis
FZ
mUN_l
NW
�yy ��I
<OQ�<
O a 4O
3
w
YYi
QK
03
L
W_ YM
^
m Q
�ZY
SOH
W¢ ¢¢
Y QN¢O
Pia¢<?
�U
K
m
u N
,�O hQ
YN ipm
<NQ1
ZWF
po
6.xgW
�F m
8
��
NZ
g
Z
E o
o
bp.ono
cXa
rT
as
w
c3as}o
x awilea A
H¢�.+OJS
w3
�w"
J
O OZ
>
aU
rd
o
<
m
Y
a z
rcy~
oY
Q� :s<
<(n
axce�N
pmW
VaY
w
ZZ
c
<i8
(,OlIM CODSLOON)
Q
ml
Ol
°O
wII
�I
NOOI1 007W 331.10')
09
�+ I .of I
I
@OD
�7
Z Z�
O Y
F
� a
N p �
Q
Q
I�
$
2 ti
W 1L
W
�
o a w
w i 4
K Y o a n
14
Q
F
V
Z O Z Y Z
a
c <
} a Q a a a
®
O
pppZ g
U
6 e
19
Io
<
P
VN
\
=
GS2
I
F=
a
<W
�iNo
wo
�rc
v'�
rcN
rc
F
Is7 Z
�7
0
F�w
zo aQa
az
Qp
W
J<
J
•o
vi
O Z
W
N
s O
I �
I
O N
�p
N F4
yy FO�
mm
N
i w
KO
_K F p
N g
I �
NN
I WJ
Q WNO
��•lO
W
`
C�[V
I
4U
j^a
}W z a
RN
zN
gN-
W"
Ow
ywwy�rc
W�
KOJ
N
<�
OGK
5 i
I /
O
✓Z U<
m •m'!
W O N
�x
4F
Yy
mm
mLL
Kf�
1HW
00
o n
wM
�a
mSW
Y��P`''
O
w^Tz
WN O
ZOF0
12.
I I
9W��.
ma
HpSSF=g
<Qa
Y
Jrc
i0
N�Z�ZW
I(O'J
E
�N-
<UF
W2
CU
F-K
��
30Y
Q
N
,:-4931i X :*
......................
••••• SCOT7A•HUFF •••••
f ��• .Date •+�i
slF9F jJo. L-1179� •S�Q��
SSIONA0-Pa��
b UTILITY EASEMENT
PER 2012-012093-0 KRD
SEE NOTE 8
ct
MNSM o DdMUED
LOT o o LK. 4
31YER HHESS'
PART ONE
NOTES:
CERTIFICATE OF SURVEYOR
I HEREBY CERTIFY THAT I AM PROPERLY
REGISTERED AND LICENSED TO PRACTICE LAND
SURVEYING IN THE STATE OF ALASKA, THIS PLAT
REPRESENTS A SURVEY MADE BY ME OR UNDER MY
DIRECT SUPERVISION, THE MONUMENTS SHOWN
HEREON ACTUALLY EXIST AS DESCRIBED, AND ALL
DIMENSIONS AND OTHER DETAILS ARE CORRECT TO
THE NORMAL STANDARDS OF PRACTICE OF LAND 36
SURVEYORS IN THE STATE OF ALASKA. K LE ESTATES n rn1D� u �ON NOO . u
5/8" REBAR L� LS W(S89.58'30"EL6610.41')
REDOUBTAVE. SI G.I-O.1921
EC. 30 1/4 COR_
SEC. 31 BRASS CAP
I
5/8' REBAR
pn[EUmuH&nw
pliv
I
I;
I W�
IIA
F[
TRACT 36A
a ��
4.640 AC.
I
FORMERLOTLINE
I
5/8- REBAR
• •
5/8" REBAR
s' K V unuTY EASEUL
fROM PARENT PLAT
2012-82 KRD
I
I
I
I
I
I
I
I
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
ar now �rlerro
I
I
I
I
I
I
I
— — — — — —
— — — — — — — — — — — — — —
72c REBAR 10' UTILITY EASEMENT
12 REBAR
7
10' LM4 EASEMENT
---------------------------
LOT 6
o LOCK 2
MORUHGATE SUMMER
IX PARTi M
1) THE BUILDING SETBACK REQUIREMENTS FOR SUBDIVISIONS LOCATED WITHIN CITIES SHALL BE
GOVERNED BY THE PROVISIONS OF MUNICIPAL ZONING DISTRICTS.
2) FRONT 15 FEET ADJACENT TO THE RIGHTS -OF -WAY IS A UTILITY EASEMENT. NO PERMANENT
STRUCTURE SHALL BE CONSTRUCTED OR PLACED WITHIN A UTILITY EASEMENT WHICH WOULD
INTERFERE WITH THE ABILITY OF A UTILITY TO USE THE EASEMENT.
3) THIS IS A PAPER PLAT. NO FIELD SURVEY WAS PERFORMED FOR THIS REPLATTING ACTION.
4) AN EXCEPTION TO KPB 20.30.240 (BUILDING SETBACK) WAS APPROVED AT THE PLAT
COMMITTEE MEETING OF _ THIS IS TO REMOVE A 25' BUILDING SETBACK
THAT WAS GRANTED ON PLAT 76-136 KRD AND CARRIED FORWARD ON PLAT 2012-82.
5) WASTEWATER DISPOSAL: PLANS FOR WASTEWATER DISPOSAL, THAT MEET REGULATORY
REQUIREMENTS ARE ON FILE AT THE ALASKA DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
6) THIS PARCEL MAY BE AFFECTED BY COVENANTS, CONDITIONS, AND RESTRICTIONS THAT WERE
RECORDED ON JUNE 1, 1978 IN BOOK 125 PAGE 736 KENAI REC. DIST.
7) THIS PARCEL MAY BE AFFECTED BY A GENERAL ELECTRIC EASEMENT RECORDED ON
FEBRUARY 26, 1960 IN BOOK 5 PAGE 119 KENAI REC. DIST.
8) WATER UTILITY SERVICE FOR THE PROPOSED PARCEL IS VIA THE UTILITY EASEMENT LOCATED
ON THE WEST SIDE OF THE PROPERTY AS RECORDED UNDER SERIAL NUMBER 2012-012093-0
KENAI RECODING DISTRICT ON DECEMBER 6, 2012.
TRACT Al
TL I Ll —Z73
RECEIVED
CITY Of KENAI
NOV 0 7 2014
PLANNING DEPARTMENT
O
N
0
O
O
b
0
11�
{u
JJJJ�1
�� lf
C
VICINITY
MAP
��—
CERTIFICATE OF OWNERSHIP AND DEDICATION
I
WE HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE REAL
PROPERTY SHOWN AND DESCRIBED HEREON AND THAT WE
HEREBY ADOPT THIS PLAN OF SUBDIVISION AND BY OUR FREE
CONSENT DEDICATE ALL RIGHTS —OF —WAY AND PUBLIC AREAS
TO PUBLIC USE AND GRANT ALL EASEMENTS TO THE USE
SHOWN.
I
i
�89'58'30"E
(50.00')
I
u
0
w
0
M
0
0
rn
_ _FIFTH AVENUE Cr,/4
SEC. 31 1/2- REBAR
LEGEND
PRIMARY MONUMENT OF RECORD AS NOTED
PLAT NO. PLAT K-1470
O SECONDARY MONUMENT OF RECORD AS NOTED Plat a
PLAT NO. K-1470 & 76-136 KRD
( ) RECORD PER KILLEN ESTATES Rec. Dist.
PLAT NO. K-1470 20
Dote
Time M
CLINT D. HALL
J A C ENTERPRISES INC.
FORMER TRACT 36
CLINT D. HALL PRESIDENT
PO BOX 2829
FORMER TRACT 37A
KENAI, AK 99611
PO BOX 2829
KENAI, AK 99611
NOTARY'S ACKNOWLEDGMENT
FOR: CLINT D. HALL
ACKNOWLEDGED BEFORE ME THIS _ DAY OF . 2014
NOTARY PUBLIC FOR ALASKA
MY COMMISSION EXPIRES
PLAT APPROVAL
THIS PLAT WAS APPROVED BY THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION AT THE MEETING OF
KENAI PENINSULA BOROUGH
AUTHORIZED OFFICIAL
KPB FILE No. 2014-??
KILLEN ESTATES
2014 REPLAT
A REPLAT OF TRACT 36 KILLEN ESTATES ADDN. NO.1 (PLAT
NO. K-1470) AND TRACT 37A KILLEN ESTATES 2012 RELAT
(PLAT NO. 2012-82)
OWNER: CLINT D. HALL J A C ENTERPRISES INC
PO BOX 2829 PO BOX 2829
KENAI, AK 99611 KENAI, AK 99611
LOCATED WITHIN THE NE 1/4 NW1/4 SECTION 31,
T6N, R11W, SEWARD MERIDIAN, CITY OF KENAI,
KENAI RECORDING DISTRICT, KENAI PENINSULA BOROUGH,
ALASKA
INTEGRITY SURVEYS INC.
820 SET NET DRIVE KENAI, AK 99611
PHONE - (907) 283-9047
SURVEYORS FAX --- (907) 283-9071 PLANNERS
i ntegritysu"eysHalooka. net
JOB NO: 214179 DRAWN: OCT. 28, 2014 SH
SURVEYED: N/A SCALE: 1' = 50'
FIELD BK: N/A FILE: 214179 PP.DWG
F�'
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
November 12, 2014 - 7:00 p.m.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Election of Vice -chair
d. Agenda Approval
e. Consent Agenda
e. *Excused Absences
*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. *October 22, 2014
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ14-23 — Preliminary Original Killen Estates 2014 Replat, Submitted by Integrity
Surveys, 820 Set Net Drive, Kenai, Alaska 99611..............................................1
b. PZ14-25 — Preliminary Original Parks Subdivision Zubeck Addition, Submitted by
Integrity Surveys, 820 Set Net Drive, Kenai, Alaska 99611................................7
6. PUBLIC HEARINGS:
a. PZ-14-24 — Application for Variance Permit for a back yard setback variance for
the property known as 1503 Toyon Way, Lot 2, Block 6, Redoubt Terrace Subd.,
Addn. 3, submitted by Mary Copple, 1503 Toyon Way, Kenai, AK 99611 ............15
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council.......................................................................................................33
b. Borough Planning.............................................................................................37
c. Administration — Discuss cancellation of November 26th meeting
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: December 10, 2014
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
�Q
STAFF REPORT
To: Planning & Zoning Commission
Date: November 12, 2014
GENERAL INFORMATION
Applicant: Clint Hall 260-7607
P.O. Box 2829
Kenai, Alaska 99611
Submitted by: Integrity Surveys 283-9047
820 Set Net Drive
Kenai, Alaska 99611
Res: PZ14-23
Requested Action: Preliminary Subdivision Plat — Killen Estates 2014 Replat, (A replat
of Tract 36, Killen Estates Addn. No. 1, plat no. K-1470, and Tract
37A, Killen Estates 2012 Replat, plat no. 2012-82
Existing Legal
Description: Tract 36, Killen Estates Addn. No. 1, according to plat no. K-1470,
and Tract 37A, Killen Estates 2012 Replat, according to plat no.
2012-82
Proposed Legal
Description:
Tract 36A, Killen Estates 2014 Replat
Street Address:
701 Forest Dr. - North and 707 Forest Dr. - North
KPB Parcel No.:
04321029 and 04321014
Existing Zoning:
Suburban Residential
Current Land Use:
Assisted Living Facility and Vacant
Land Use Plan:
Neighborhood Residential
ANALYSIS
This plat reconfigures two lots into one larger lot. The subdivision is located in the
Surburban Residential zone. The parcels are accessed off North Forest Drive which is a
City maintained paved road. Onsite water and sewer are available. An installation
agreement is not required.
The property owner of Tract 37A, Killen Estates 2012 Replat was granted a Conditional
Use Permit PZ 12-22 on August 8, 2012, by the Planning and Zoning Commission to
construct an assisted living facility on the property. The construction of said facility was
completed on September 25, 2013, and the facility is currently in operation.
PZ14-23 Page 2
The property known as Tract 36, Killen Estates Addn. No. 1 is vacant. The property
owner indicates that another assisted living facility may be constructed at a future date;
however, he does not have a timeline for the construction of said facility.
Agency Comments:
Public Works Department:
Please include water service line easement on preliminary plat. Indicate that the water
service line that provides water to this lot lies within that easement.
Staff Response:
A water service utility easement (Document Number: 2012-012093-0) is located
northeast of the subject parcel which functions to serve Tract 37A, Killen Estates 2012
Replat with public water. The approximately 14,914 square feet utility easement was
allowed by the Public Works Department for the installation of a water service line to
serve an assisted living facility located on Tract 37A, Killen Estates 2012 Replat. The
water service for the subject parcel is located within this easement and then it extends
in Tract 37A and then continues to Tract 36. As such, the water line crosses the
property line that exists between the two subject parcels. Utility lines should not cross a
property line, unless that property line is also the right-of-way boundary. Therefore, by
removing the property line between the two subject parcels and creating one parcel, it
will correct this issue.
RECOMMENDATIONS
The replat will eliminate the encroachment of the water line onto the property line
between Tract 37A, Killen Estates 2012 Replat and Tract 36, Killen Estates Addn. No. 1.
Recommend Approval with the following conditions:
A. Further development of the property shall conform to all Federal, State and local
regulations.
B. Utility easement for water service line referenced in Recorded Document Number:
2012-012093-0, 302 — Kenai Recording District as it encroaches onto the property
line between Tract 37A, Killen Estates 2012 Replat and Tract 36, Killen Estates Addn.
No. 1 shall be shown on the Final Plat. Water service line located with the utility
easement shall be shown on the Final Plat.
ATTACHMENTS:
1. Resolution No. PZ14-23
2. Preliminary Plat
3. Drawing
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14-23
`e"�� SUBDIVISION PLAT
KE U sKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat KILLEN ESTATES 2014 REPLAT was referred to the
City of Kenai Planning and Zoning Commission on November 12, 2014, and received
from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Suburban Residential and therefore subject to said zone
conditions.
2. Water and sewer are available.
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai
for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Surveyor shall verify that no encroachments exist. If an encroachment exists; plat
does not create nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONDITIONS:
A. Further development of the property shall conform to all Federal, state and local
regulations.
B. Utility easement for water service line referenced in Recorded Document Number:
2012-012093-0, 302 — Kenai Recording District as it encroaches onto the property line
between Tract 37A, Killen Estates 2012 Replat and Tract 36, Killen Estates Addn. No. 1
shall be shown on the Final Plat. Water service line located with the utility easement
shall be shown on the Final Plat.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE KILLEN ESTATES 2014 REPLAT
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, November.12, 2014.
��
CHAIRPERSON: ATTEST:
J- T` ' , Chairperson Ura gh, City Clerk
ti~
W d <a J
3¢6N vZ�Oa 1 LLI Ul N Q I 1� `iK !!!!!!��I O t�
W6n - 1 M� 0. ISO O� O 1•'Im �Z 30
�jomm - I U0 N '1� ZZN
�m N 22°Ca0 aaN�yT I� LL! yZ�F �/I I� OV) �lV� M _a!<
• CN _ b' N Z �= ZZ�N< O � y a 1W En Q4
f l0 3Z 6� wd X Z Q O_ FW �j WQ a :
<W O=¢m.sO Z U Z aIL
w Q J W amZ yYY.s w ^Fi N
()W VI� ALLY �y rI/Y +�1Y Z
Y11JJ m�I� Z ,.ray F- i7p j3
�(gm'NN� U1 FZ 'La I�.yL. ZY ZC�Sw ,^ fit
8 G
IIW•O hyI�FZU'la- W _G<, I G`�C wV� \QV {y [V1��L� IiW YI ` Z �O4¢ W g� i 8 N 'JO M14 aN� Zw� Q' EO fill
N S J
N ¢N 2N - �tll Va ►.IZ
I Fa k n o w <i m N 4.T dx
U zx < Uz nz g <^ a Zoa
°a5vw burn D 9 �o < '+n z o owiEw.
o F i n
pc>WN �+
z
Z�2¢ ari� dux z
Uiu = � � �ma "Y w3 yo
S 44390 chi a �a zi
aE
} NORTH FOREST DRIVE
—
LOl-lL£L M,00,£LOON) ioo Row o (,o!-!z£! a.00,£Loas)
Zlye R
m
Gael I W � -
(S0a9300•E
- -- vi�tnl''n .s'ra't a ------ I Q I u o
C t4v�y 1 ,
W • bp" I I gp o a
< 33 n
• , �I �' � a � Y a Y
til � z �z Yz
� d £o � • 1 di � f� ,.
1�—
�
to • , f° F <c4
a
d I , o z amN o o
zl. 5 ffz o
zJ a
�g
z f � am�9g
w-
i oNz a wo
I , � �w � y
of ow
a
w
c��4w<o�N Ij�j �J�l, 1 j � si a�� n `ySa N� ao� czpib lo.�rc
F wrcl^wp�z 1I (1 r'1 i mR oso 3 oRd' a� 0 GW7Y
a z a
sozaa�d�'rcopF
As mid 3a a�
I z Ga
xy F�ioz-zvvi •`e Ip°�q I / w FEW I r In c n
¢B •® 12 I �z moo c I. za'z
p=off •'� ! j � gg
wI}-y62 z
yOVO< F a.pv F`igs n_ m(Noo73roo w 331.10) �mz/� NOPmm�
<m
t• '•y0� [� Zm 40 a O�� ZO �p �N
tow za
F�o Qr
�� •� �:� _ -�� I � g �' I Sz F-'� rn ii3 �A�', <i; °d
3LL: :y 00Lbwf4 §z NO N¢
rccg
66
N Z F- vi
ui
0
F-JJ mo0v_+ N
Q J a o r
Y W .a�R t N(n c N
N W N E O O
LJJ Q N
i�.•.;t W p UM N y
� a a •- fn d
LZjJMO t a o Cl) >�u+ R
J N Cr ssi�� > `� O 0 0
Y ' e >` i --I N f6 fah Y .w
Z W - t c c ) m m
F-
oot-TE
DMR] 1SD2JOJ H12JON
ol
1
r�
�'
Q
C M CO
To: Planning & Zoning Commission
Date: November 12, 2014
GENERAL INFORMATION
Applicant:
Submitted By:
Requested Action
Existing Legal
Description:
Proposed Legal
Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
STAFF REPORT
Bill Zubeck
102 Highbush Lane
Kenai, AK 99611
Integrity Surveys
820 Set Net Drive
Kenai, AK 99611
283-9047
Res: PZ14-25
Preliminary Subdivision Plat — Parks Subdivision Zubeck Addition
(a replat of Lots 4 — 6, Parks Subdivision)
Lots 4, 5, and 6, Parks Subdivision, according to Plat K-1562
Lot 4A, Parks Subdivision Zubeck Addition
102 Highbush Lane, 104 Highbush Lane and 106 Highbush Lane
04522025; 04522026; and 04522027
Rural Residential
Residential
Neighborhood Residential
This plat reconfigures three lots into one larger lot. The subdivision is located in the
Rural Residential zone. The parcels are accessed off Highbush Lane which is a City
maintained paved road. The property is serviced by City water and sewer. An installation
agreement is not required.
The property owner's residence is located on Lot 4, Parks Subdivision. Said residence
encroaches into the setback fronting Highbush Lane. On May 27, 1998, an
encroachment permit (PZ1998-20) was granted by the Planning and Zoning Commission.
Lots 5 and 6, Parks Subdivision are currently vacant.
PZ14-25 Page 2
RECOMMENDATIONS
Staff recommends approval with the following conditions:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. If an additional single family dwelling is placed on the premises, KMC 17.10.010
provides that if any part of the structure is or is to be within 200 feet of an
existing public water main, the property owner must connect to City public
water system.
c. If an additional single family dwelling is placed on the premises, KMC 17.20.010
provides that if any part of the structure is or is to be within 200 feet of an
existing public sewer main, the property owner must connect to City public
sewage system.
ATTACHMENTS:
1. Resolution No. PZ14-25
2. Encroachment Permit PZ1998-20
3. Preliminary Plat
4. Drawing
CITY OF KENAI
0th#y
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14-25
uf
KENALALASKA SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
WHEREAS, the attached plat of PARKS SUBDIVISION ZUBECK ADDITION was referred to the
City of Kenai Planning and Zoning Commission on November 12, 2014, and received from
Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential (RR) and therefore subject to said zone conditions.
2. City water and sewer are available.
3. Plat does not subdivide property within a public improvement district subject to special
assessments.
4. An installation agreement or construction of improvements are not required.
5. The status of surrounding land is shown on the plat.
6. Utility easements, if required, shall be shown.
7. The existing house located on what is now known as Lot 4, Parks Subdivision encroaches
into the building setback which fronts Highbush Lane. On May 27, 1998, an encroachment
permit (PZ1998-20) was granted by the Planning and Zoning Commission. The plat of Parks
Subdivision Zubeck Addition did not create nor increase the encroachment.
8. Street names designated on the plat are correct.
9. CONDITIONS:
a. Further development of the property shall conform to all Federal, State and local
regulations.
b. If an additional single family dwelling is placed on the premises, KMC 17.10.010
provides that if any part of the structure is or is to be within 200 feet of an
existing public water main, the property owner must connect to City public water
system.
c. If an additional single family dwelling is placed on the premises, KMC 17.20.010 provides
that if any part of the structure is or is to be within 200 feet of an existing public sewer
main, the property owner must connect to City public sewage system.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI RECOMMENDS THE KENAI PENINSULA BOROUGH PLANNING COMMISSION
APPROVE PARKS SUBDIVISION ZUBECK ADDITION SUBJECT TO THE CONDITIONS OF APPROVAL
LISTED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
NOVEMBER 12, 2014.
CHAIRPERSON c'.�, ATTEST:
J. f i ,Chairman SanU M digh, City Clerk
CITY OF KENAI
PLANNING AND ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION NO. PZ98-20
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED
BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR:
NAME: Bill Bradley Zubeck; Zubeck Inc.
LOCATED: 102 Highbush Lane, Kenai, Alaska
LEGAL: Lot 4, Block 1, Parks Subdivision
BY: Bill Bradlev Zubeck
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has
been submitted and received on April 27, 1998
2. This land is on land zoned RR —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 —May 27, 1998.
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 criteria for said permit and therefore the Commission does
authorize the permit to be issued.
PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this
27th day of May , 1998.
/i,
ATTEST: Planning Secretary V v'CHAIRMAN
-1 a
x gmm0Api4
��N�D3�u�ezi�m
m>Z0<
uxiN rftl�-m
1L0<N3C A-m
yi A�uX-iizy<ysm.<
m Qm D m p�Z y
D�iiIDI��N;m>�yOy-1
mmfn2OoD
O D D �fO ; m;
nam;m �
yQnsy^p'myi yyip
i°�AGy�S�.I'�
mTz�zN i
c
x
by
c
�ERp•i c*�
g
x
3 R
w
p o �
P
I
I
oN
AA ~7.�
zmo
om
cv
�uKi
mmN
�Oo
OOpp
z�
cz�0
y
�D
((nn
yC
OA9
Pa
�✓DiZ
In
�2�
N
= v
N
0;
D
o g
'�
�c m
�j
'lul_IIJ1_II.J1'
OA
20
zFi
y�
v
m�s
=x
z�
Nln
C
Nm
N
-Dim
nD�
9Z�
it^
z£
z�"
za
W
y
m
ns
s y
gib
�z
o
+Oi
zy
��2-Z
�19
m
3- sN
x
A ~
no o
0
_F
R; I o w I _
L_ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ in -F_ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _am 0
�Y
a z
> A
o
0
1y
CC
A �
�
LZf JCmS�
JmmC�S ~
�' � N
m jJOyOa
DNZ
S
S $S ��..II
Q 3g�g
m
pz�
0 D�
> m
Z
�
n
�cCM.
gx'
�!
� m
�0
tA�Az
aS2
m
r~
x
gZ
N
F-1
$'tg7g—
a Ae
P
� p't
(q t1 a a t
i p i
MOtl 031W.11030 ,0£
3NV7 HsnSH0114
Z6� __ --MSL,L0.005 ---
APM lO lliflta/.lLllln B Qtl0}I �f
ICWBL ONImin9 AZ
_m +
flN O G
m
1H3RMV3 urmn A
�
d M.0110.00S
MURM3 Aln¢n At
—&
-
_
_ _ _ _ _ _ _ _ _ _ _ _ __
P
I �
I
Ir�J
Ca�'il
ri
.•. 0 e� <O xA
f
Z
OOm2mO
1n�pDp�m
C
Z�
Wy;y�n11� 8Z m
F
m
CmON�
Z �Z
OC f9i
zo c�c m
' z AA m+�
a~2c
Cm
E mmN
f�" A ; Z A� TZ Z
�mrmn
ODNZK
IA
n N
y z ; i $ �D
xN'rSoa
z i i c m �x
Z--Zz 4
Q� >
Rn�
o I�
Z Z D Z
D-,0,�A
>I
x C;m.� yt;
N C y O Nm Tay
"1
f�l
OVA
y
N
V
v
°� m ( F 0=
OVA
I -x
CD
m N
Omm
y�
Ul z ygyf�1
-
N
Z O
m A a m
89020m
fit,
t
mGmp�
O
y!]
R11W
,•
vT�>>�
o.om,��m
o N CO 3
3
G
��o v
cu
o� y 3 I
c
o.
0
0
-
Q CD
CDo
CD :3
m
Li
N
rya C
CD
F0��
A m
THIS PAGE INTENTIONALLY LEFT BLANK
(D4
STAFF REPORT
To: Planning & Zoning Commission
Date: November 12, 2014
GENERAL INFORMATION
Applicant: Mary Copple 283-5809
1503 Toyon Way
Kenai, Alaska 99611
Res: PZ14-24
Requested Action: Variance — Rear Yard Setback
Legal Description: Lot 2, Block 6, Redoubt Terrace Subd., Addn. No. 3
Street Address: 1503 Toyon Way
KPB Parcel No.: 04714023
Existing Zoning: Suburban Residential
Current Land Use: Residential
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
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:
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.
When the residence was constructed in 1981, building setback
requirements were regulated by the Kenai Peninsula Borough. The
Kenai Peninsula Borough building setback requirements may have
been less restrictive than the requirements of the City of Kenai.
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.
A building permit was issued in 1981 for the construction of the
residence. Applicant states "my house was built at the most
southern edge of the property in order to have the best view of the
Cook Inlet". At the time of construction, the residence set back
approximately 24 feet from the property line which is compliant with
the 20 foot rear yard setback. The addition of the sun room on the
existing deck has created the encroachment into the rear yard
setback.
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.
The issuance of the requested variance shall not change the
permitted principal use within the Suburban Residential 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 variance requested is for approximately 3 feet 8 inches from
the property line as measured from the southwest corner of the sun
room addition; and
Approximately 2 feet 5 inches from the property line as measured
from the southeast corner of the sun room addition.
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.
The request for the variance is based on the desire to complete the
sun room addition and not on any other variance that may have
been granted in the neighborhood.
Building Official's Comments: Prior to the completion of the sun room addition,
property owner must submit plans and submit an application to obtain a building
permit.
RECOMMENDATIONS
Administration recommends the granting of this variance because it would be
consistent with the intent of KMC 14.20.180(a) which states "to provide relief
when the literal enforcement would deprive a property owner of the reasonable
use of his real property". This property has a spectacular view of Cook Inlet and
it is reasonable that the property owner would want to build a sun room to enjoy
the view throughout the year.
The issuance of the variance shall be conditioned upon the following:
a. Prior to completion of the sun room addition, the property owner must
make application for a building permit.
b. This variance is for the sun room addition only. Any new structure will
be required to meet the zone district setbacks unless a new variance
is granted.
ATTACHMENTS:
1. Resolution No. PZ14-24
2. Application
3. Drawings
"Villa e with a Past Ci with a Future`®
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
=- www.ci.kenai.ak.us
the city w
V
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14-24
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING APPROXIMATELY A 3 FOOT 8 INCH REAR YARD SETBACK
VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW FOR A 16 FOOT 2 INCH
REAR YARD SETBACK AS MEASURED FROM THE SOUTHWEST CORNER OF
THE SUN ROOM ADDITION; AND
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING APPROXIMATELY A 2 FOOT 5 INCH REAR YARD SETBACK
VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW FOR A 17 FOOT 5 INCH
REAR YARD SETBACK AS MEASURED FROM THE SOUTHEAST CORNER OF THE
SUN ROOM ADDITION. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE
KENAI MUNICIPAL ZONING CODE:
APPLICANT'S NAME AND ADDRESS: MARY COPPLE, 1503 TOYON WAY, KENAI,
ALASKA 99611
PROPERTY LOCATION: 1503 TOYON WAY, LOT 2, BLOCK 6, REDOUBT TERRACE
SUBDIVISION, ADDN. NO. 3
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 October 15, 2014;
2. This request is located on land zoned as Suburban Residential
3. Borough Parcel No: 04714023
4. That the applicant seeks a variance that reduces the 20 foot building setback to
approximately 16 feet 2 inches as measured from the southwest corner of the sun
room addition; and approximately 17 feet 5 inches from the southeast corner of the
sun room addition.
5. The Planning & Zoning Commission has found that the conditions which are a
prerequisite to issuance of a variance have been met, as follows:
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.
When the residence was constructed in 1981, building setback requirements
were regulated by the Kenai Peninsula Borough. The Kenai Peninsula Borough
building setback requirements may have been less restrictive than the
requirements of the City of Kenai
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.
A building permit was issued in 1981 for the construction of the residence.
Applicant states "my house was built at the most southern edge of the property
in order to have the best view of the Cook Inlet". At the time of construction, the
residence set back approximately 24 feet from the property line which is
compliant with the 20 foot rear yard setback. The addition of the sun room on
the existing deck has created the encroachment into the rear yard setback.
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.
The issuance of the requested variance shall not change the permitted principal
use within the Suburban Residential Zone.
d. The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure.
The variance requested is for approximately 3 feet 8 inches from the property
line as measured from the southwest corner of the sun room addition; and
Approximately 2 feet 5 inches from the property line as measured from the
southeast corner of the sun room addition.
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.
The request for the variance is based on the desire to complete the sun room
addition and not on any other variance that may have been granted in the
neighborhood.
6. That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on November 12, 2014.
7. Applicant must comply with all Federal, State, and local regulations.
8. Prior to completion of the sun room addition, the property owner must make
application for a building permit.
9. This variance is for the sun room addition only. Any new structure will be required
to meet the zone district setbacks unless a new variance is granted.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 12T" DAY OF NOVEMBER, 2014.
CHAIRPERSON°. AATTEST:
jA twit-, Chairperson Sand Mod gh, City Clerk
APPLICATION FOR AN
VARIANCE PERMIT
KMC 14.20.180
RECEIVED
CITY OF KENAI
OCT 15 2014
PLANNING DEPARTMENT
OWNER
PETITIONER REPRESENTATIVE IF ANY
Name: MARY COPPLE
Name:
Mailing Address:1503 TOYON WAY
Mallina Address:
City, State, Zip: KENAI AK 99611
City, State, Zip:
Phone Number:907-283-5809
Phone Number:
Fax Number:
Fax Number:
Email: biggame@gci.net
Email:
PROPERTY INFORMATION
Property Tax ID #: 04714023
Site Street Address:1503 TOYON WAY KENAI AK 99611
Current Legal Description: T 5N R 11W SEC 6 Seward Meridian KN 0760096 REDOUBT TERRACE SUB
Variance Requested For: (Describe the project, and use additional sheets if necessary)
Under construction 12' x 20' Sun room using an existed deck as a foundation.
Zoning: Suburban Residential Acreage:.3200
ments: Completed Application Form
Site Plan/Floor Plan with Square Footage
;how location/elevation of all existing and proposed I
$125 Fee (plus applicable sales tax)
AUTHORITY TO APPLY FOR A VARIANCE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described
above and that I petition for a variance permit In conformance with Title 14 of the Kenai
Municipal Code. I understand that payment of the application fee is nonrefundable and is to
cover the costs associated with processing this application, and that it does not assure
approval of the variance. I also understand that assigned hearing dates are tentative and may
have to be postponed by Planning Department staff of the Planning and Zoning Commission
for administrative reasons. 1 understand that a site visit may be required to process this
application. City of Kenai personnel are authorized to access the above -referenced property
for the purpose of processing this application.
Date: () I S / (__/ I Signature: ;�—n1 rt �i �it��._.���, 1
7/2312013 Page 1 of 4
3 li
VANANCO "IT KMC 14.20.1 10
Section 14.20.180 of the Kenai Municipal code outlines regulations for a variance permit. A
variance permit is the relaxation of the development requirements of this chapter to provide
relief when the literal enforcement would deprive a property owner of the reasonable use of
his real property.
YOU MUST SATISFY THE REQUIREMENTS FOR A VARIANCE PERMIT AS OUTLINED IN KMC
14.20.180 BELOW.
VAI�#i�C� �.. At�li�A7► �Kt�C'_14�2Q^($g) ... '. .
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 zoning district:
In the 1970's, the land in this zoning district was considered to be part of the Kenai Peninsula Borough
where building requirements were relaxed. In the early 1980's the City of Kenai aquired this zoning district
which led to stricter zoning codes.
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
In 1981, my house was built at the most southern edge of the property in order to have the best view of the
Cook Inlet. The addition of the sun room on the exiting deck has caused the structure to encroach on the
current setback.
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;
My single-family residence use in the Suburban Residential zoning district will not change due to the
addition of the sun room.
7/23/2013 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:
The existing deck of 30 years is providing the foundation for the sun room which has encroached on the
existing variance by 2 feet 7 inches (SE comer) and 3 feet 10 inches(SW corner).
5.The granting of a variance shall not be based upon other nonconforming land uses or
] structures within the same land use or zonina district:
The granting of the variance is specific to the completion of the sun room and is not based off of any other
variances in my zoning district.
LAND USE
Describe current use of property covered by this application:
Single -Family Residential Home
Surrounding property: (Describe how land adjacent to the property is currently being used)
North:
Singe -Family Residential Home
South:
The Cook Inlet
East:
Multi -Unit Condominiums
West:
Single-Famiiy Residential Home
7/23/2013 Page 3 of 4
PROCEDURES FOR PERMITS REQUIRING
PUBLIC HEARINGS AND NOTIFICATIONS
The permit you have applied for may require Public Hearing and Notification under KMC 14.20.280. The
Planning and Zoning Commission meets the 2'd and 4th Wednesday of each month. To meet notice
requirements, the Planning Department must receive your completed application 21 days Rrior to the
meeting when the Public Hearing is scheduled.
• Applications requiring Public Hearings must be filed no later than noon on the date of the
deadline.
• Home Occupations and Landscape/Site Plans do not require a Public Hearing.
• Allow up to 4 weeks for the permitting process.
• If required:
o The Fire Inspection Report must be received prior to processing the application.
o The Affidavit of Posting must be received 2 weeks prior to the hearing date in order to
schedule a public hearing.
o Resolutions cannot be issued until expiration of the 15-day appeal period.
o Resolutions cannot be issued until documentation is received that the certificate of
compliance is met.
WHEN YOU HAVE A COMPLETED APPLICATION, CALL 283-8237 TO SCHEDULE AN
APPOINTMENT WITH THE PLANNING DEPARTMENT TO REVIEW THE APPLICATION.
IF THE APPLICATION IS DETERMINED COMPLETE AND ACCEPTED, THE PUBLIC HEARING FEE
OF $125 PLUS TAX WILL BE COLLECTED. YOU WILL BE GIVEN A SIGN TO POST AND AN
AFFIDAVIT OF POSTING TO SIGN AND RETURN TO THE PLANNING DEPARTMENT TO BEGIN
PROCESSING THE APPLICATION.
7/23/2013 Page 4 of 4
r4
f
�i Sl�C.f�,L'7Lz".r•*�s��e—er�.�s�s
r.AM
r *•
L ++�f •f'
AW i. N3 f f
-- R
f
a 1 .X
OOI
_ I N DII
N
081 XOD
wd Ovinn
oil Yost
AM DMnuo
Chi
ale
and thr. t
w'Ah'in C; Property uriez as ShOA'A
L
ajar r.s ara tact
ciwpnovemnhk, ov
po.r".
optrtyec,-Oa.can
told that no
-on line f Ol' other
V i: b e rV i d v. n c e of c, a � c up, rtq
OPOsS
kJ 237
September 2-5, 1961
- /V
I ............
";k-v
rj,c�
2
0
n
>
3
in
0
m
w
a
�
�
w
w
w
m
_
0
c
w
(r
c
7§ d\ \
|-
|'�
■ |
;!
•
2
�
�
�]
kx •,,!
0.. so
t.q
I
A
z a
0 m
it
r
� N
O p
Ln �DY
oGr
41.
s Cn
i
dr V
,! 14L
#40'
r•
3MAG 1S-A�J0J Hinos
16
fr
-,
aw
W-,
0) tip 3 7 7 3
m : m 0n0�
7 N la 3
�070°'
CD a .0
v
4 a
0 y v. -01 _2
� y 0) 0
<D y c a' N N
nCDCD a
ch(n C—D CD 0,3
F0�
N
n
3
CD
n
v O W z
N(D +
O
o M
u
m r O
a >
von
:qm�
Zc�
zoo
m
ON0
oc
z 00
c-01
ol
A
ACTION AGENDA
KENAI CITY COUNCIL — REGULAR MEETING
NOVEMBER 5, 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. Administer Oaths of Office
4. Agenda Approval
5. 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
1. ENACTED UNANIMOUSLY. Ordinance No. 2797-2014 — Amending the
Code Violation Fine Schedule in KMC 13.10.015 to Include a Standard Fine
for Violations of KMC 13.30.030-Night Parking Prohibited.
E. MINUTES
1. APPROVED BY THE CONSENT AGENDA. *Regular Meeting of October 15,
2014
F. UNFINISHED BUSINESS — None
G. NEW BUSINESS
1. APPROVED BY THE CONSENT AGENDA. *Action/Approval — Bills to be
Ratified
2. APPROVED BY THE CONSENT AGENDA. *Action/Approval — Purchase
Orders Exceeding $15,000
3. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
11119. *Ordinance No. 2798-2014 — Increasing Estimated Revenues and
Appropriations by $16,515 in the Senior Citizen Fund, for Supplemental
Nutrition, Transportation, and Support Services Grant Funding Received for
Fiscal Year 2015.
4. INTRODUCED BY THE CONSENT AGENDA/PUBLIC HEARING SET ON
11119. *Ordinance No. 2799-2014 — Consenting to the Vacation of Certain
Rights -of -Ways within the Shoreline Heights 2014 Addition Subdivision.
5. Action/Approval — Schedule the Following:
• 1214 AT 6PM. Joint Work Session with the Parks & Recreation
Commission to Discuss Municipal Park Improvements
• 11120 AT 6PM. Work Session to Review the 2014 Dip Net Report
6. POSTPONED TO THE 1213 MEETING. Action/Approval — Special Use
Permit Between the City Of Kenai and Hilcorp Alaska, LLC for Parking of 37
Non -Commercial Passenger Vehicles in Designated Areas at the Kenai
Municipal Airport.
7. POSTPONED TO THE 1213 MEETING. Action/Approval — Consent to
Sublease between Dan O. Pitts and Hilcorp Alaska for Lot 2A1, FBO
Subdivision, South Addition No. 2.
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
8. Mini -Grant Steering Committee
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
Kenai City Council Meeting Page 2 of 3
November 5, 2014
L. EXECUTIVE SESSION — None Scheduled.
M. PENDING ITEMS — None.
N. ADJOURNMENT
INFORMATION ITEMS
1. Purchase Orders between $2,500 and $15,000 for Council Review.
2. Celebrating Hero's Event Sponsored by the Kenai Senior Center.
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 3 of 3
November 5, 2014
THIS PAGE INTENTIONALLY LEFT BLANK
KENAI PENINSULA BOROUGH PLAT COMMITTEE
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
7:00 p.m. November 10, 2014
Tentative Agenda
MEMBERS
A.
CALL TO ORDER
Paulette Bokenko-
Carluccio
B.
ROLL CALL
City of Seldovia
Term Expires 2015
C.
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
Alice Joanne Collins
Anchor Point / Ninilchik
1. Agenda
Term Expires 2016
Sandra Holsten
2. Member/Alternate Excused Absences
East Peninsula
Term Expires 2016
3. Minutes
Blair Martin
Kalifornsky Beach
a. October 27, 2014 Plat Committee Minutes
Term Expires 2015
D.
PUBLIC COMMENT
Robert Ruffner
Clam Gulch/Kasilof
(Items other than those appearing on the agenda. Limited to five minutes per speaker
Term Expires 2015
unless previous arrangements are made.)
ALTERNATES:
E.
SUBDIVISION PLAT PUBLIC HEARINGS
James Isham
1. Mile Post 35 Subdivision1
Sterling
...........................................................................
Term Expires 2015
KPB File 2014-150 [Integrity/Hall]
Location: North of Kenai Spur Highway in Nikiski
Paul Whitney
City of Soldotna
Term Expires 2017
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, November
24, 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: Plan ningCa)borough.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
THIS PAGE INTENTIONALLY LEFT BLANK
Paulette Bokenko-
Carluccio
PC Member
City of Seldovia
Term Expires 2015
Philip Bryson
Chairman
Kenai City
Term Expires 2016
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
Southwest Borough
Term Expires 2017
Sandra Key Holsten
PC Member
East Peninsula
Term Expires 2016
James [sham
PC Member
Sterling
Term Expires 2015
Harry Lockwood
PC Member
Ridgeway
Term Expires 2016
Blair Martin
Vice Chairman
Kalifornsky Beach
Term Expires 2015
Robert Ruffner
PC Member
Kasilof/Clam Gulch
Term Expires 2015
VACANT
PC Member
Northwest Borough
Term Expires 2017
Franco Venuti
PC Member
Homer City
Term Expires 2016
KENAI PENINSULA BOROUGH PLANNING COMMISSION
GEORGE A. NAVARRE ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669
November 10, 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
a. Clan Maxwell Estates Avalon Hts. Addn. No. 3....
KPB File 2013-180; Lang & Assoc/Cutler, Pace
Location: On Maximilian Drive in Seward
*2. Planning Commission Resolutions - None
*3. Plats Granted Administrative Approval .....................
*4. Plats Granted Final Approval (20.10.040) ................
*5. Plat Amendment Request - None
*6. Utility Easement Vacations - None
*7. Commissioner Excused Absences
*8. Minutes
a. October 27, 2014 Plat Committee Minutes
b. October 27, 2014 Planning Commission Minutes
......... 1
.................. 4
.1...........I.... 13
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
F. PUBLIC HEARINGS
1. Vacate the east 590 feet of Nenana Avenue a 60-foot ...........................15
1
Paul Whitney
PC Member right-of-way. 1) The north 30-feet adjacent to a portion of Lot B-4
City of Soldotna and the entire length of Lot B-5 dedicated by Resubdivision of
Term Expires 2017 Tract B Marriot Subdivision (Plat KN 77-164); 2) and the south
30-feet adjacent to the entire length of Lot C-4 dedicated by
Marriott Subdivision No. Two A Resubdivision of Tract C (Plat
KN 84-168); and vacate the 10-foot utility easement along the
north and east boundary of Tract C-4; and the 5-foot utility
easement along the south boundary of Lots B-4 and B-5
adjacent to the proposed right -of- way; all within Section 20,
Township 5 North, Range 9 West, Seward Meridian, Alaska and
MaxJ. Best within the Kenai Peninsula Borough. KPB File 2014-148.
Planning Director Petitioners: Justin and Rachel M. Hanson & Brian P. and Tiffany
M. McCorison all of Sterling, Alaska. Location: On Nenana
Mike Navarre Avenue in Sterling
Borough Mayor
2. Ordinance 2014-19-32; Authorizing the Acquisition of ........................... 30
Real Property Located at 262 N. Binkley Street, Soldotna, Alaska
on Behalf of Central Peninsula Hospital, Appropriating $604,000
from the CPGH, Inc. Plant Replacement and Expansion Fund for
the Purchase, and Authorizing an Amendment to the CPGH, Inc
Lease and Operating Agreement
3. Ordinance 2014- 31; Authorizing the Release of a Deed ....................... 60
Restriction at the Request of the Homer City Council on a Parcel
of Land Containing the Former Homer Intermediate School that
was Deeded to the City of Homer by the Kenai Peninsula
Borough
4. Ordinance 2014-32; Authorizing an Exchange with Paula and .............. 90
Timothy Keohane of a 4.3 Acre Drainage Easement At Karluk
Avenue for a 1.84 Acre Parcel at Mile 12.1 K-Beach Road which
Shall be Subject to the Reservation of a 0.9 acre Drainage Outlet
Easement
5. Ordinance 2014-35; approving Diamond Willow — Fairfield ................. 112
Single -Family Residential (R-1) Local Option Zoning District, and
amending KPB 21.46.040
G. ANADROMOUS WATERS HABITAT PROTECTION (KPB 21.18) - None
H. VACATIONS NOT REQUIRING A PUBLIC HEARING - None
I. SPECIAL CONSIDERATIONS - None
J. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 1 preliminary plat.
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
Kenai Planning & Zoning Commission Meeting Minutes...................................143
- September 24, 2014
NEXT REGULARY SCHEDULED PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held Monday,
November 10, 2014 at 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
Anchor Point
Chamber of Commerce
November 18, 2014
7:00 p.m.
Cooper Landing
Cooper Landing
Community Hall
December 10, 2014
6:00 p.m.
Hope / Sunrise
Hope Social Hall
December 11, 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: planning cDborough.kenai.ak.us
web site: www.borouah.kenai.ak.us/olanninadept
THIS PAGE INTENTIONALLY LEFT BLANK