HomeMy WebLinkAboutResolution No. PZ2026-33 V
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2026-33
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A CABIN RENTAL OF A
SINGLE-FAMILY DWELLING ON PARCEL 04328011 LOCATED AT 1123 WALNUT AVENUE.
APPLICANT: Derek Fowler
PROPERTY ADDRESS: 1123 Walnut Avenue
LEGAL DESCRIPTION: Lot 11, Block R, Woodland Subdivision, Pt 2
KENAI PENINSULA BOROUGH PARCEL NUMBER: 043280117
WHEREAS a complete application meeting the requirements of Kenai Municipal Code 14,20.150
was submitted to the City on September 21, 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 October 14, 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 stated
by the applicant, it will continue to function as a single-family dwelling used for inhabitation,
just on a short-term basis. Traffic flow is not anticipated to be affected negatively as the
rented household is expected to generate the same average daily traffic counts as an
established tenant.
Staff finds that the proposed use meets the intent of the RS zoning district as there is
sufficient off-street parking, and conditions outlined in this Conditional Use Permit would
place restrictions on noise levels during established "quiet hours".
Resolution No. PZ2026-33
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: As stated by the applicant, the operation of the home as a short-term rental
would be limited to approximately seventy-five (75) days during the summer. Guests will
be required to follow house rules regarding occupancy and respect for the peace of the
neighborhood. The property will remain well-maintained, attractive, and compatible with
the residential neighborhood.
Due to the short duration of use as a cabin rental, staff finds it unlikely that the proposed
use will have any negative impact on the economic or noneconomic value of the adjoining
property or neighborhood.
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 are developed single-family lots and there are other short-term
rentals in the subdivision, making the proposed use in harmony with the current use of the
neighborhood.
As stated by the applicant,the proposed use of a Cabin Rental is consistent with the City's
Comprehensive Plan by supporting tourism and economic activity while maintaining the
residential character and quality of the neighborhood. Short-term lodging provides
accommodations for visitors to Kenai while responsible management, occupancy limits,
and established house rules help protect the livability and character of the surrounding
neighborhood.
Staff finds the proposed use is consistent and in harmony with goals in the Comprehensive
Plan, specifically Goals 1 and 2, 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.
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.
4. KMC 14.20.150(d)(4) Public services and facilities are adequate to serve the proposed
use;
Resolution No. PZ2026-33
Page 3 of 4
Findings: The property is connected to City water and sewer and has established natural
gas and electric services that are in good standing. The property is accessible from
Walnut Avenue, a City-maintained road, providing adequate access for guests and
emergency services.
Staff finds the public services and facilities adequate to serve the proposed use.
5. KMC 14.150(d)(5) The proposed use will not be harmful to the public safety, health or
welfare;
Findings: The applicant has stated they will limit the occupancy of the house as well as
require guests to adhere to established rules regarding noise, parking, and guest
conduct. The home will be regularly cleaned, inspected and maintained between guests,
and any concerns will be addressed promptly.
With these protocols in place, staff finds that the proposed use will not be harmful to
public safety, health, or welfare.
6. KMC 14.150(d)(6) Any and all specific conditions deemed necessary by the Commission
to fulfill the above-mentioned conditions should be met by the applicant. These may
include, but are not limited to, measures relative to access, screening, site development,
building design, operation of the use and other similar aspects related to the proposed
use.
Findings: Staff finds that allowing short-term rentals from the existing single-family
dwelling would not cause any adverse impact 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 Lot 11, Block R, Woodland Subdivision, Pt 2,
located at 1123 Walnut Avenue.
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.
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(I)(5).
5. The applicant will have a fire inspection performed every two (2) years.
' 6. The applicant will ensure that the property will be adequately maintained and kept free of
trash or junk.
7. The number of guests is limited to six (6), or two per bedroom.
Resolution No. PZ2026-33
Page 4 of 4
8. Quiet hours to be observed from 10pm-7am.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 14T" DAY OF OCTOBER, 2026
f
J ne Keaton, Chair
ATTE T:
o ani Park,, Depu City Clerk
STAFF REPORT
\r PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
DATE: October 7, 2026
SUBJECT: Resolution PZ2026-33—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 PZ2026-33 approving a Conditional Use Permit for a
Recommendation cabin rental of a single-family dwelling.
Applicant: Derek Fowler
Legal Description: Lot 11, Block R, Woodland Subdivision, Pt 2
Property Address: 1123 Walnut Avenue
KPB Parcel No.: 04328011
Lot Size: 10,019 square feet (0.23-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 9: 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:
9. 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 stated by
the applicant, it will continue to function as a single-family dwelling used for inhabitation,just on a
short-term basis. Traffic flow is not anticipated to be affected negatively as the rented household
is expected to generate the same average daily traffic counts as an established tenant.
Staff finds that the proposed use meets the intent of the RS zoning district as there is sufficient
off-street parking, and conditions outlined in this Conditional Use Permit would place restrictions
on noise levels during established "quiet hours".
Criteria 2: The economic and noneconomic value of the adjoining property and
neighborhood will not be significantly impaired.
FINDINGS: As stated by the applicant, the operation of the home as a short-term rental would be
limited to approximately seventy-five (75) days during the summer. Guests will be required to
follow house rules regarding occupancy and respect for the peace of the neighborhood. The
property will remain well-maintained and compatible with the residential neighborhood.
Due to the short duration of use as a cabin rental, staff finds it unlikely that the proposed use will
have any negative impact on the economic or noneconomic value of the adjoining property or
neighborhood.
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.
The surrounding lots are developed single-family lots and there are other short-term rentals in the
subdivision, making the proposed use in harmony with the current use of the neighborhood.
Resolution No. PZ2025-33
Conditional Use Permit
Cabin Rental Page 2 of 4
As stated by the applicant, the proposed use of a Cabin Rental is consistent with the City's
Comprehensive Plan by supporting tourism and economic activity while maintaining the residential
character and quality of the neighborhood. Short-term lodging provides accommodations for
visitors to Kenai while responsible management, occupancy limits, and established house rules
help protect the livability and character of the surrounding neighborhood.
Staff finds the proposed use is consistent and in harmony with goals in the Comprehensive Plan,
specifically Goals 1 and 2, 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.
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.
Criteria 4: Public services and facilities are adequate to serve the proposed u�m.e
f FINDINGS: The property is connected to City water and sewer and has established natural gas
II and electric services that are in good standing. The property is accessible from Walnut Avenue,
a City-maintained road, providing adequate access for guests and emergency services.
Staff finds the public services and facilities adequate to serve the proposed use.
Criteria 5: The proposed use will not be harmful to the public safety, health or welfare.
FINDINGS: The applicant has stated they will limit the occupancy of the house as well as require
guests to adhere to established rules regarding noise, parking, and guest conduct. The home will
be regularly cleaned, inspected and maintained between guests, and any concerns will be
addressed promptly.
With these protocols in place, staff finds that the proposed use will not be harmful to 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.
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.
Resolution No PZ2025-33
Conditional Use Permit
Cabin Rental Page 3 of 4
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 11, Block R, Woodland Subdivision, Pt 2, 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 PZ2026-33 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 fire inspection performed every two (2) years.
6. The applicant will ensure that the property will be adequately maintained and kept free of
trash or junk.
7. The number of guests is limited to six (6), or two per bedroom
8. Quiet hours to be observed from 10pm-7am.
ATTACHMENTS
Aerial Map
Application
Alaska Business License
Site plan
Resolution No. PZ2025-33
Conditional Use Permit
Cabin Rental Page 4 of 4