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HomeMy WebLinkAboutResolution No. PZ2026-10KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-10 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CABIN RENTAL OF A SINGLE-FAMILY DWELLING. APPLICANT: Damaris & Braedon Pitsch PROPERTY ADDRESS: 1003 Skyler Lane LEGAL DESCRIPTION: Lot 2, Windhaven Estates, Phase 3 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04101449 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150 was submitted to the City on April 29, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Conditional Use Permit have been met pursuant to Kenai Municipal Code 14.20.150; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on May 27, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds: 1. KMC 14.20.150(d)(1) The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; Findings: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: 1. To separate residential structures to an extent which will allow for adequate light, air, and privacy. 2. To prohibit uses which would: A. Violate the residential character of the environment; B. Generate heavy traffic in predominantly residential areas. The proposed use would not violate the residential character of the neighborhood as it will still remain a single-family dwelling used the same way a normal single-family home would be used just for a shorter timeframe. Traffic flow is not anticipated to be affected negatively by the proposed use as there will be only the number of guests to the property will be limited and there is adequate off -road parking available. Staff finds that the proposed use meets the intent of the RS zoning district. Resolution No. PZ2026-10 Page 2 of 4 2. KMC 14.20.150(d) (2) The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired, Findings: The proposed use is not expected to have any negative impact on the value of the neighborhood as the owners will be maintaining the condition of the home, keeping a tidy and "homey" appearance tb put guests at ease and provide the comforts of a home away from home for guests. The property owner states they will have strict rules and guidelines for guests ensuring that the daily routines of the neighborhood will not be impacted. 3. KMC 14.20.150(d)(3) The proposed use is in harmony with the Comprehensive Plan; Findings: The Land Use Plan in the City of Kenai Comprehensive Plan, identifies the subject property with the Suburban Residential Land Use Classification. The Suburban Residential Classification is intended for: Single-family and multi -family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. The surrounding lots consist of a mix of established residential homes and vacant, uncleared, lots. The proposed use is in harmony with the current use of the neighborhood as well as the planned use. As stated by the applicant, the proposed use of a Cabin Rental is consistent and in harmony with several goals in the Comprehensive Plan, specifically Goals 1, 2 and 3 listed below. In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 - Ensure that Kenai is a community where people and property are safe. Objective Q-2 — Protect and rejuvenate the livability of existing neighborhoods. Objective Q-4 — Promote the siting and design of land uses that are in harmony and scale with surrounding areas Goal 2 — Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 - Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. Objective LU-1 - Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-2 — Promote the infill of existing, improved subdivision lots. Resolution No. PZ2026-10 Page 3 of 4 4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed use; Findings: The property is accessible via a paved City -maintained that allows for guests, property owners, law enforcement, or emergency services to easily access the lot. The site is currently serviced by City water and Sewer and the account is currently in good standing. Additionally, the site has established connections with electric and natural gas. 5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or welfare; Findings: The applicants have stated that the property will have a strict no -party, no smoking, no drug use policy to mitigate any potential risks to persons or property. The property owners live nearby and will be readily available during guest stays to ensure compliancy. All required safety protocols, such as the upkeep of smoke alarms and CO detectors, will be followed and fire inspections will be performed bi-annually. Trash will be disposed of weekly by property owners and adequate trash receptacles will remain on -site. Staff finds no reason that the proposed use would be harmful to the public safety, health, or welfare. 6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions should be met by the applicant. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Findings: Staff finds that allowing short-term rentals from the existing single-family dwelling would not cause any adverse impacts on the surrounding properties and that additional specific conditions are not deemed necessary to fulfill the above -mentioned conditions. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a conditional use permit is granted to operate a cabin rental in the existing single- family dwelling on a property described as Lot 2, Windhaven Estates, Phase 3, located at 1003 Skyler Lane. Section 2. That the conditional use permit is subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Pursuant to Kenai Municipal Code 14.20.150(f) the applicant shall submit an annual report, including a summary of the on -site activity, to the City of Kenai, due no later than December 31 of each year. 3. The applicant will meet with City Staff for on -site inspections when requested. Resolution No. PZ2026-10 Page 4 of 4 4. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(1)(5). 5. The applicant will have a routine fire inspection performed every 2 (two) years. 6. The applicant will ensure that the property will be adequately maintained and kept free of trash or junk. 7. Quiet hours will be observed from 10:00 PM to 6:00 AM daily. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 27T" DAY OF MAY, 2026 nne Keaton, Chair ;Loga , D uty City Clerk STAFF REPORT x PLANNING &ZONING DEPARTMENT KEFNA� TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Jessica See, Planning Technician DATE: May 14, 2026 SUBJECT: Resolution PZ2026-10 —Conditional Use Permit —Cabin Rental Request The applicant is requesting to operate a cabin rental (i.e., short-term rental) at the existing single-family dwelling. Staff Adopt Resolution PZ2026-10 approving a Conditional Use Permit for a Recommendation cabin rental of a single-family dwelling. Applicant: Damaris & Braedon Pitsch Legal Description: Lot 2, Windhaven Estates, Phase 3 Property Address: 1003 Skyler Lane KPB Parcel No.: 04101449 Lot Size: 15,246 square feet (.35-acre) Zoning: Suburban Residential (RS) Current Use: Single Family Dwelling Land Use Plan: Suburban Residential (SR) SUMMARY The applicant is requesting a Conditional Use Permit (CUP) to operate a cabin rental at the existing single-family dwelling. A CUP is required to operate a cabin rental in the Suburban Residential zoning District. ANALYSIS Pursuant to KMC 14.20.150(a), the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting a conditional use permit, the Commission shall determine that the identified criteria as outlined in KMC 14.20.150(e) Conditional Use Permits Review Criteria are met. Criteria 1: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. FINDINGS: The RS Zone is intended to provide for medium density residential development in areas which will be provided with common utility systems. The specific intent in establishing this zone is: 1. To separate residential structures to an extent which will allow for adequate light, air, and privacy. 2. To prohibit uses which would: A. Violate the residential character of the environment; B. Generate heavy traffic in predominantly residential areas. The proposed use would not violate the residential character of the neighborhood as it will still remain a single-family dwelling used the same way a normal single-family home would be used just for a shorter timeframe. Traffic flow is not anticipated to be affected negatively by the proposed use as there will be only the number of guests to the property will be limited and there is adequate off -road parking available. Staff finds that the proposed use meets the intent of the RS zoning district. Criteria 2: The economic and noneconomic value of the adjoining property and neighborhood will not be significantly impaired, FINDINGS: The proposed use is not expected to have any negative impact on the value of the neighborhood as the owners will be maintaining the condition of the home, keeping a tidy and "homey" appearance to put guests at ease and provide the comforts of a home away from home for guests. The property owner states they will have strict rules and guidelines for guests ensuring that the daily routines of the neighborhood will not be impacted. Criteria 3: The proposed use is in harmony with the Comprehensive Plan. FINDINGS: The Land Use Plan in the City of Kenai Comprehensive Plan, identifies the subject property with the Suburban Residential Land Use Classification. The Suburban Residential Classification is intended for: Single-family and multi -family residential uses that are urban or suburban in character. The area will typically be developed at a higher density; lots are typically smaller; and, public water and sewer services are required or planned. Some developments may be required to construct streets to a paved standard and larger subdivisions may be required to provide sidewalks and public areas. Parks and open space land uses may be considered appropriate. Resolution No. PZ2026-10 Conditional Use Permit Cabin Rental Page 2 of 4 The surrounding lots consist of a mix of established residential homes and vacant, uncleared, lots. The proposed use is in harmony with the current use of the neighborhood as well as the planned use. As stated by the applicant, the proposed use of a Cabin Rental is consistent and in harmony with several goals in the Comprehensive Plan, specifically Goals 1, 2 and 3 listed below. RELEVENT GOALS In Imagine Kenai 2030 Comprehensive Plan, Chapter 6, "Goals, Objectives, and Implementation", several goals and objectives are met from the proposed use. Goal 1 — Quality of Life is to promote and encourage quality of life in Kenai. Objective Q-1 - Ensure that Kenai is a community where people and property are safe. Objective 0-2 — Protect and rejuvenate the livability of existing neighborhoods. Objective 0-4 — Promote the siting and design of land uses that are in harmony and scale with surrounding areas. Goal 2 — Economic Development is to provide economic development to support the fiscal health of Kenai. Objective ED-9 - Capitalize on the tourism industry by marketing Kenai as a destination for recreational activities, conventions, festivals, arts, cultural and other events. Goal 3 — Land Use is to develop land use strategies to implement a forward -looking approach to community growth and development. _ ..... Objective LU-1 - Establish siting and design standards so that development is in harmony and scale with surrounding uses. Objective LU-2 — Promote the infill of existing, improved subdivision lots. Criteria 4: Public services and facilities are adequate to serve the proposed use. FINDINGS: The property is accessible via a paved City -maintained that allows for guests, property owners, law enforcement, or emergency services to easily access the lot. The site is currently serviced by City water and Sewer and the account is currently in good standing. Additionally, the site has established connections with electric and natural gas. Criteria 5: The proposed use will not be harmful to the public safety, health or welfare. FINDINGS: The applicants have stated that the property will have a strict no -party, no smoking, no drug use policy to mitigate any potential risks to persons or property. The property owners live nearby and will be readily available during guest stays to ensure compliancy. All required safety protocols, such as the upkeep of smoke alarms and CO detectors, will be followed and fire inspections will be performed bi-annually. Trash will be disposed of weekly by property owners and adequate trash receptacles will remain on -site. Staff finds no reason that the proposed use would be harmful to the public safety, health, or welfare. Criteria 6: Any and all specific conditions deemed necessary by the Commission to fulfill the above -mentioned conditions. These may include, but are not limited to, measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Resolution No. PZ2026-10 Conditional Use Permit Cabin Rental Page 3 of 4 FINDINGS- Staff finds that allowing short-term rentals from the existing single-family dwelling would not cause any adverse impacts on the surrounding properties and that additional specific conditions are not deemed necessary to fulfill the above -mentioned conditions. PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the conditional use were mailed to property owners within a three hundred -foot (300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the conditional use permit request. No public comments have been received at the time of this report. STAFF RECOMMENDATION Staff finds that the proposed Conditional Use Permit for a cabin rental in the existing single-family dwelling on the property described as Lot 2, Windhaven Estates Phase 3, meets the criteria for issuance of a Conditional Use Permit as set forth in subsections (e)(1) through (e)(6) of Kenai Municipal Code 14.20.150, and hereby recommends that the Planning and Zoning Commission adopt Resolution PZ2026-10 approving the Conditional Use Permit, subject to the following conditions: 1. Any development or use of the property shall comply with all applicable Federal, State of Alaska, and City regulations regardless of whether or not the requirements are listed as conditions for the approval of the Conditional Use Permit. 2. Pursuant to Kenai Municipal Code 14.20.150(f) the applicant shall submit an annual report, including a summary of the on -site activity, to the City of Kenai, due no later than December 31 of each year. 3. The applicant will meet with City Staff for on -site inspections when requested. 4. If there is an expansion or change of use for the above described property, a new Conditional Use Permit must be obtained, as stated in KMC 14.20.150(1)(5). 5. The applicant will have a routine fire inspection performed every 2 (two) years. 6. The applicant will ensure that the property will be adequately maintained and kept free of trash or junk. ATTACHMENTS _ Aerial Map Application Alaska Business License Site plan Resolution No. PZ2026-10 Conditional Use Permit Cabin Rental Page 4 of 4