HomeMy WebLinkAbout2004-07-28 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 28, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Swearing in of Commissioner, Jeff Twait
b. Roll Call
c. Agenda Approval
d. Consent Agenda
*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. *July 14, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ04-25 - Preliminary Plat - FBO Subdivision No. 8. Submitted by Whitford
Surveying, P.O. Box 4032, Soldotna, Alaska. Reconsideration.
b. PZ04-36 - Preliminary Plat - Mommsen's Subdivision Parish Replat. Submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ04-31- Encroachment permit for rear yard setback and side yard setback for the
property described as Lot 2A, Block 4, Inlet Woods Subdivision (1545 Windward Drive),
Kenai, Alaska. Application submitted by Tracy Jones, P.O. Box 2749, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
a. *PZ04-33 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 2A Cerepa Subdivision No. 2(1310 Kiana Lane), Kenai, Alaska.
Application submitted by Rose M. Wilshuson,1310 Kiana Lane, Kenai, Alaska.
b. ~PZ04-35 - An application for a Home Occupation Permit for a daycare for the property
known as Lot 16, Block 6 Redoubt Terrance Subdivision Addition 7, (1531 Toyon Way),
Kenai, Alaska. Application submitted by Diane Stockdale,1531 Toyon Way, Kenai,
Alaska.
Agenda
July 28, 2004
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
Page 2
12. INFORMATION ITEMS:
a. PZ04-26 - Landscape/Site Plan - Snowder Chiropractic Clinic, 205 Bidarka Street
b. PZ04-34 - Landscape/Site Plan - Preferred Plumbing & Heating, 345 Main Street Loop
c. Zoning Bulletin (7/ 10/04)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 14, 2004 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
~All items listed with an asterisk (~) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
2. *APPROVAL OF MINUTES:
a. ~June 23, 2004
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ04-25 - Preliminary Plat - FBO Subdivision No. 8. Submitted by Whitford
Surveying, P.O. Box 4032, Soldotna, Alaska.
b. PZ04-32 - Preliminary Plat - Wild Rose Subdivision, Kenai River Addition. Submitted
by VUhitford Surveying, P.O. Box 4032, Soldotna, Alaska.
5. PUBLIC HEARINGS:
a. PZ04-27 - Variance Permit for an off premise sign and additional freestanding sign for
the property located at 400 Marathon Road (Lot A-1-A Baron Park Subdivision - Fire
Addition). Application submitted by Kenai Peninsula Arctic Winter Games, 450
Marathon Road, Kenai, Alaska (P.O. Box 1659, Soldotna, Alaska).
b. PZ04-28 - Variance Permit for an off premise sign and additional freestanding sign for
the property located at 10320 Kenai Spur Highway (Lot 3, Baron Park Subdivision -
Doyle Addition). Application submitted by Kenai Peninsula Arctic Winter Games, 450
Marathon Road, Kenai, Alaska (P.O. Box 1659, Soldotna, Alaska).
c. PZ04-29 - Variance Permit for an off premise sign and additional freestanding sign for
the property located at 400 Marathon Road (Lot A-1-A Baron Park Subdivision - Fire
Addition). Application submitted by P.R.I.S.M. - AAI Engineering Support, Inc., 450
Marathon Road (P.O. Box 3670), Kenai, Alaska.
d. PZ04-30 - A resolution of the Planning and Zoning Commission of the City of Kenai,
Alaska, recommending to the Council of the City of Kenai, Alaska that KMC 14.20.245
of the Kenai Zoning Code be amended by adding Section (d) (5) to prohibit parking of
recreational vehicles on private property that has no principal permitted structure except
as otherwise allowed under KMC 14.20.245 (e).
6. OLD BUSINESS:
7. NEW BUSINESS:
8. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (6/10/04 & 6/25/04)
b. PZ04-26 - Landscape/Site Plan - Snowder Chiropractic Clinic, 205 Bidarka Street
c. Building Permit Quarterly Report
d. Planning & Zoning Permit Report
e. Pending Code Violations Report
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMIVIISSION
CITY COUNCIL CHAMBERS
JULY 14, 2004 - 7:00 P.M.
VICE CHAIR PHIL BRYSON, PRESIDING
rRT~-rrTm~c
ITEM 1: CALL TO ORDER
Vice Chair Bryson called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows:
Commissioners Present: B. Eldridge, P. Bryson, J. Barrett, and J. Hammelman
Commissioners Absent: N. Amen and C. Glick
Others Present: Council Member James C. Bookey, III, City Clerk Freas,
and City Planner M. Kebschull.
1-b. Agenda Approval
MOTION:
Commissioner Barrett MOVED for approval of the agenda as submitted and
Commissioner Hammelman SECONDED the motion. There were no objections. SO
ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Eldridge MOVED for approval of the consent agenda as presented and
Commissioner Hammelman SECONDED the motion. There were no objections. SO
ORDERED.
ITEM 2: APPROVAL OF MINUTES -- June 23, 2004
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDER.ATION OF PLATS
4-a. PZ04-25 - Preliminary Plat - FBO Subdivision No. 8. Submitted by
Whitford Surveying, P.O. Box 4032, Soldotna, Alaska.
City Planner Kebschull reported the following:
• It is a subdivision at the north end of Willow Street.
• The City has submitted the plat to add an additional lease lot to the
airport and it will also dedicate a 100 feet of Willow Street that had not
been previously dedicated.
• Water and sewer is a~ailable off Willow Street.
There were no public comments and the public hearing was closed. Commissioner
Eldridge questioned the portion of VUillow Street, i.e. the dedication not being platted.
Kebschull noted, the standard has been, when tracts of land are subdivided, then the
roads become dedicated. Until that point, they normally exist through easements or
section line easements. It was also noted, the paVement ends at the south end of this
property.
VOTE:
Eldridge Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
VOTE WAS UNANIMOUS. (Clerk's note: However, no motion was made on which to
vote.)
4-b. PZ04-32 - Preliminary Plat - Wild Rose Subdivision, Kenai River
Addition. Submitted by Whitford Surveying, P.O. Box 4032, Soldotna,
Alaska.
Kebschull reported the following:
• The plat would subdivide a large parcel into 13 lots.
• The property is located on Bea~er Loop Road and currently is a portion of
Wild Rose Subdivision.
• The plat will require new road construction (an installation agreement
will be required) and in addition, due to the configuration of the lots on the plat, some
of the lots do not meet the minimum lot width.
• Staff is recommending a note be placed on the plat limiting construction
to the area where the lot meets the minimum lot width (in this zone, it is 90 feet) .
• Also, the original ~1Uild Rose Subdivision shows an access easement
which is not identified on the preliminary plat and should be identified.
• The first plat note does not meet the city's requirements for setback and
should be removed.
• There is a structure on what would be Lot 8 and the resulting plat will
create an encroachment and is an illegal subdivision. Staff is recommending the
structure will need to be removed or an encroachment permit obtained prior to
finalizing the plat.
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 2
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-32 and Commissioner Barrett
SECONDED the motion.
The public hearing was opened for comments.
Roy Whitford, Box 4032, Soldotna -- Whitford identified himself as the surveyor
representing the owner. He referred to Notes 3 and 4(the access easement and
building setback note) and stated they were an oversight on their part and the changes
will be made prior to submission for a final plat. Whitford referred to Note 2, the
recommendation to limit development within the 90 foot or less portion of the lot, and
stated he was not aware of it. He stated, he believed in rural residential it says the
minimum lot width is 90 feet and defines the lot width as an a~erage width of the lot
perpendicular to the side lot line. He stated he was not aware building could not take
place on the portion of the lot that was less than 90 as long as all the other front and
sideline setbacks were met. He requested a clarification.
Kebschull stated she had discussed the issue with Whitford and they had a difference
of opinion in the interpretation. She noted, staff has always allowed what are called
'flag lots' and items such as that, but ha~e limited development and ga~e as an
example an irregularly configured lot on Anglers' Acres. She added, another option
would be for them to apply for a variance for the lot width, which would require a
public hearing. Kebschull reiterated, they could apply for a variance or include a plat
note.
Whitford stated he believed Lots 2, 3, and 8 would fall into that category. If going by
the definition of a~erage lot width of 90 feet, he believed they would still need that and
they ha~e no problem in building in that area. Because zoning ordinances change
over time, he suggested it could be better addressed with a standard note on the plat
stating "development of these lots are subj ect to City of Kenai zoning regulations"
rather than a separate note. He added, that's how all the building setbacks are
addressed rather than putting the footage on the plats.
Ken Merkes, Box 572, Sterling, AK -- Merkes reported he is the owner of the
property and requested a clarification on the City Engineer and Public Works
Manager's comment stating streets must be constructed to city standards. He noted,
he and his engineer were ha~ing difficulties in knowing what the standards are. They
are ready to build the road, but don't haVe the standards to know what will be
required.
Kebschull explained the normal procedure as, after a preliminary plat is approved by
the Commission, the installation agreement is prepared and in it, the requirements are
included in the agreement. She added, typically, the agreement is included in a letter
and all the standards are addressed in the letter. If there are questions of the
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 3
requirements, the developer can then address them. Kebschull added, the city uses
the Anchorage standards and copies of the standards are a~ailable for sale or he could
discuss specifics with the city engineer. Merkes noted, his builder is familiar with the
Anchorage standards and because there are many different types of roads allowed to
be built there, he was not clear of what would be required.
Bryson stated he believed a determination would be made given the area in which the
road would be constructed. Kebschull added, the City Engineer and Public Works
Manager both ha~e advised the road will require a paVed surface, back slopes and
grass; the determination is based on the subdivision road coming off a pa~ed road;
this is what the city has been requiring based on most recent subdivisions and the
requests for individuals in the area to ha~e roads pa~ed. She added, the road will
require construction based on fill, pa~ed surface, grass, a street light at the corner of
Bea~er Loop, and street signs. The specifics would be included in the installation
agreement.
A brief discussion followed. Kebschull noted Merkes was given a copy of the plans for
the city's most recent subdivision as an example of what would be required. That
subdivision was also zoned rural residential. Bryson noted, the instructions will be
provided to Merkes after the Commission's approval of the preliminary plat. He added,
this was not plat approval at this level, but city comments including road standards
and development. As a result of the Commission's actions, the city will provide him
with instructions concerning development requirements.
Commissioner Hammelman noted, if the Commission approves the preliminary plat,
he will be able to go to the City Engineer in the morning and get the specifications for
the road. Kebschull stated, the installation agreement typically states what is
required, i.e., construction of a road with a 40 foot width, with paVement of 24 inches
wide. Then, the city gets plans for their approval. Merkes will need to meet with the
city engineer to get the basic specifications.
The public hearing was closed. Eldridge stated his concern there are not written
standards a~ailable for review as informational material.
VOTE:
Eldrid e Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-27 - Variance Permit for an off premise sign and additional
freestanding sign for the property located at 400 Marathon Road (Lot A-
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 4
1-A Baron Park Subdivision - Fire Addition) . Application submitted by
Kenai Peninsula Arctic ~1Uinter Games, 450 Marathon Road, Kenai,
Alaska (P.O. Box 1659, Soldotna, Alaska).
Kebschull explained, Arctic ~1Uinter Games, whose office is located in the Alaska
Regional Fire Fighting (ARFF) building located at 450 Marathon Road, is requesting a
variance to place an off premise sign. The building in which they are housed, is
owned by the City of Kenai and leased to Pacific Rim Institute of Safety Management
(PRISM) . The parcel is accessed through another parcel of property leased by the City
to the University of Alaska (UA) .
She continued, staff was recommending approval of the variance because of the access
and unusual lot configuration and because the Games is an event that will be over in
May, 2006 and then the signs will be removed. It was also noted, the mailing address
was different from the ARFF facility.
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-27, a variance permit for an off
premise sign and additional freestanding sign for the property located at 400
Marathon Road (Lot A-1-A Baron Park Subdivision - Fire Addition) . Commissioner
Hammelman SECONDED the motion.
The were no public comments and the public hearing was closed. Eldridge stated his
support of the variance.
VOTE:
Eldridge Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
MOTION PASSED UNANIMOUSLY.
Kebschull noted the 15-day appeal period for the decision made by the Commission.
5-b. PZ04-28 - Variance Permit for an off premise sign and additional
freestanding sign for the property located at 10320 Kenai Spur Highway
(Lot 3, Baron Park Subdivision - Doyle Addition) . Application submitted
by Kenai Peninsula Arctic Winter Games, 450 Marathon Road, Kenai,
Alaska (P.O. Box 1659, Soldotna, Alaska).
Kebschull explained the application was for an off premise sign for the Games and an
additional freestanding sign due to the event and the amount of groups needing to
know where the office is situated. She added, AWG could request a sign be placed by
the Department of Transportation, but because of the access issues, etc., it was
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 5
thought an off premise sign would be a better solution for the situation. Kebschull
stated, the city has not been in faVOr of off premises signs, but because it is a
nonprofit and it is an event with a definite end date, staff was recommending the
permit be approved. She also noted, the off premise sign will be placed by the car
wash and the public hearing notice had been placed there for public review.
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-28, a variance permit for an off
premise sign and additional freestanding sign for the property located at 10320 Kenai
Spur Highway (Lot 3, Baron Park Subdivision - Doyle Addition) . Commissioner
Barrett SECONDED the motion.
There were no public comments and the public hearing was closed. Barrett stated he
supported the variance as it would be helpful in establishing Kenai as the central
home of the Games.
VOTE:
Eldridge Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
MOTION PASSED UNANIMOUSLY.
5-c. PZ04-29 - Variance Permit for an off-premise sign and additional
freestanding sign for the property located at 400 Marathon Road (Lot A-
1-A Baron Park Subdivision - Fire Addition) . Application submitted by
P.R.I.S.M. - AAI Engineering Support, Inc., 450 Marathon Road (P.O. Box
3670), Kenai, Alaska.
Kebschull explained the application was for the same property; when AWG came to the
city regarding their signage needs, it was discovered the PRISM organization had
placed signs along Marathon Road and did not receive the required variances. She
noted, the lack of the variance request was probably due to the access and lot
configuration noted above. Though there had been no complaints, the variance
approval would clear the situation. Kebschull stated administration was
recommending approval.
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-29, a variance permit for an off
premise sign and additional freestanding sign for the property located at 400
Marathon Road (Lot A-1-A Baron Park Subdivision - Fire Addition) . Commissioner
Barrett SECONDED the motion.
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 6
There were no public or Commission comments.
VOTE:
Eldridge Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
MOTION PASSED UNANIMOUSLY.
Bryson noted the fifteen day appeal period on all the public hearings held at the
meeting.
5-d. PZ04-30 - A resolution of the Planning and Zoning Commission of the
City of Kenai, Alaska, recommending to the Council of the City of Kenai,
Alaska that KMC 14.20.245 of the Kenai Zoning Code be amended by
adding Section (d) (5) to prohibit parking of recreational vehicles on
private property that has no principal permitted structure except as
otherwise allowed under KMC 14.20.245 (e).
Kebschull explained the resolution would recommend a proposed amendment to
eliminate what staff sees as a loop hole in the ordinance allowing parking of a
recreational vehicle (RV) on private property that has no principal permitted structure.
The concern includes those who think they can pull out after thirty days and pull back
in to allow another 30 days' parking. She noted, administration was not trying to
discourage visits from out-of town guests, etc., but to eliminate people who ha~e a
residential lot and no residential structure on it and parking on the lot for the
summer.
Kebschull also reported administration had received phone calls from people who were
interested in purchasing a lot which was being advertised by the seller as a
recreational lot and the parking as an allowable use.
MOTION:
Commissioner Eldridge MOVED for approval of PZ04-30, recommending to the
Council of the City of Kenai, Alaska that KMC 14.20.245 of the Kenai Zoning Code be
amended by adding Section (d) (5) to prohibit parking of recreational vehicles on
private property that has no principal permitted structure except as otherwise allowed
under KMC 14.20.245 (e). Commissioner Hammelman SECONDED the motion.
There were no public comments and the public hearing was closed (no public in the
audience) . Hammelman asked what the main obj ection was to bring the resolution
forward. Kebschull answered, it was a health and safety issue because the ordinance
is not limited to summer use, to maintain the integrity of the subdivision, and people
not wanting RV's in the neighborhood.
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 7
Discussion followed in which Barrett stated he was uncomfortable with the
amendment because people come to Kenai to work during the summer and they
should be encouraged to live in Kenai. He added, he was not sure the city was ready
for this type of ordinance. Council Member Bookey stated he was not sure it is a real
problem and had concerns with the way the amendment was written. He noted, if it
comes to the council in the same form, he would probably vote against it. Eldridge
stated he did not see it as a bad problem and suggested it be brought back for action
when the practice does become a problem. Hammelman congratulated administration
for being proactive to circumvent a problem.
Discussion continued relating to the definition of long term parking; code requiring a
house being built before a garage; hook-up of water/ sewer and electrical (and turned
on) without a building being constructed; and the city not charging for water/ sewer
until a certification of occupancy for a building has been submitted.
Hammelman noted administration was looking ahead, but felt more thought should be
given to the issue by the Commission and administration.
MOTION TO POSTPONE ACTION:
Commissioner Hammelman MOVED to postpone action on the resolution until
administration brings it back. Commissioner Barrett SECONDED the motion.
VOTE ON POSTPONEMENT:
Eldrid e Yes Amen Absent Glick Absent
Bryson Yes Barrett Yes Hammelman Yes
MOTION PASSED UNANIMOUSLY.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS -- None.
ITEM 8: PENDING ITEIVIS -- None
ITEM 9: CODE ENFORCEMENT -- None.
TTFM 1 n~ RF.PnRT~
10-a. City Council -- Council Member Bookey noted the discussion on the
helmet ordinance from the last council meeting. He reported a request had been made
to reconsider the ordinance in August.
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 8
10-b. Borough Planning -- No report.
10-c. Administration -- Kebschull noted the following:
• Building permit, Planning 8~ Zoning Resolutions, and code violation
informational reports were included in the packet.
• A transfer of funds was approved by council to hire a staff code
enforcement officer.
• Work on the supplemental airport plan had begun. Members of council,
representatives of Chamber, the Visitors Center, and Economic Development District,
etc. had met with the contractors. The work will continue for the next few months.
ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12: INFORMATION ITEIVIS
12-a. Zoning Bulletin (6 / 10 / 04 8~ 6/ 2 5/ 04)
12-b. PZ04-26 - Landscape/Site Plan - Snowder Chiropractic Clinic, 205
Bidarka Street
12-c. Building Permit Quarterly Report
12-d. Planning 8~ Zoning Permit Report
12-e. Pending Code Violations Report
ITEM 13: COMMISSION COMIVIENTS & QUESTIONS
Commissioners Barrett and Eldridge commented on the opening of Kenai Landing.
ITEM 14: ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED for adj ournment and Commissioner Barrett
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:49 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING 8~ ZONING COMMISSION MEETING
JULY 14, 2004
PAGE 9
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KENAI, ALASKA
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•
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T0: Planning & Zoning Commission
FROM: Marilyn Kebschull, Planning Administration
DATE: July 20, 2004
SUBJECT: PZ04-25 - Preliminary Plat - FBO Subdivision No. 8
On July 14th, the Commission reviewed the above-referenced reliminar lat and voted
P Yp
unanimously to recommend approval of the plat. However, after the meeting the Clerk
discovered that the vote was made without a motion. It is the City Attorney's opinion that the
Commission should reconsider the plat. All information presented to the Commission on the
July 14th remains the same.
~ i i ~~ _ ~.~;a;~;e~.~
STAFF REPORT
To: Planning & Zoning Commission
Date: June 21, 2004
Res: PZ04-25
GENERAL INFORMATION
Applicant: Whitford Surveying 260-9092
P.O, Box 4032
Soldotna, Alaska 99669
Requested Action: Preliminary Subdivision Plat - FBO Subdivision No. 8
Legal Description: Located within the NE %4Section 32, T6N, R11 W, S.M., City
of Kenai containing 4.922 Acres
Street Address: Not currently addressed - Willow Street North
KPB Parcel No.: Portion of 04318041
Existing Zoning: Conservation
Current Land Use: Vacant
Land Use Plan: Airport Industrial
ANALYSIS
Plat subdivides 4.992 acres from a much larger parcel. This plat results in a
3.600-acre lot and a 100-foot dedication of Willow Street North along the Iot
where the road wasn't previously dedicated. The resulting lot meets lot size
for zoning requirements.
City Engineer:
This lot is the Everts Fuel, Inc. lease site reviewed at the June 23 meeting.
Building Official:
No building code issues.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ04-25
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION N0. PZ04-25
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:
VUHEREAS, the attached plat FBO Subdivision No. 8 was referred to the City
of Kenai Planning and Zoning Commission on June 18, 2004, and received
from Whitford Survevina.
WHEREAS, the City of Kenai Planning and Zoning Commission finds;
1, Plat area is zoned Conservation and therefore subject to said zone
conditions.
2. Water and sewer: 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, Plat shall verify that no encroachments exist.
8, Street names designated on the plat are correct,
9. CONTINGENCIES:
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE FBO Subdivision No. 8
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE,
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, July 14, 2004 and July 28, 2004.
CHAIRPERSON:
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 15, 2004
Res: PZ04-36
GENERAL INFORMATION
Applicant: Integrity Surveys
8195 Kenai Spur Highway
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Subdivision Plat - Mommsen's Subdivision - Parish
Replat
Replat of Lots 2& 3 Block 5 Mommsen's Addition No. 1, Located
within the SUU1/4 SE1/4 Section 25
1004 & 1006 Third Street
03913102 - 03913103
RS - Suburban Residential
Vacant - Residential
I~eighborhood Residential
This is a resubdivision of Lots 2& 3, Block 5, Mommsen's Subdivision Parish Replat.
The plat removes a lot line. The resulting Lot 2A meets the zone requirements for lot
size.
In April of 2000 a building permit was issued for Lot 2, 1004 Third Street, to build a
28 x 32-foot garage, In August 2002 a building permit was issued for a 10 x 16-foot
shed for the same location. In April 2004 the Building Official notified the property
owner the storage shed roof had collapsed from the snow Ioad of the winter; which
could constitute a hazard.
A building permit was issued in June 2004 to the new property owner of both lots.
The applicant wished to remove the roof and second floor to repair the storage shed.
During the review of the permit it was determined the single story shed was a non-
conforming structure as there is no principal structure on the lot, KMC
14. 20.050(d) (1) . Due to the nonconforming status the structure could not be enlarged
or altered in any way to increase the non-conformity. Due to structures, plat must
verify no encroachments prior to final.
043 6 Comment. doc
City Engineer: Nothing Additional.
Buildinq Official: No Building Code issues.
RECOMMENDATIONS
Page 2
__
Recommend approval after final plat verifies there are no encroachments.
ATTACHMENTS;
1, Resolution No. PZ04-36
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION N0. PZ04-36
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 Mommsen's Subdivision Parish Replat was
referred to the City of Kenai Planning and Zoning Commission on Jul 13
2004, a~d 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: Only water is 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. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. Due to structures, plat must verify no encroachments prior to final.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE Mommsen's Subdivision
Parish Replat SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE,
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, July 28, 2004.
CHAIRPERSON:
ATTEST:
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STAFF REPORT
To: Planning & Zoning Commission
Date: June 30, 2004
Res: PZ04-31
GENERAL INF4RMATION
Applicant: Tracy Jones 283-8484
1545 Windward Drive
P.O. Box 2749
Kenai, AK 99611
Requested Action: Encroachment - Rear Yard Setback & Side Yard
Setback
Legal Description: Lot 2A, Block 4, Inlet Woods Subdivision
Street Address: 1545 Windward Drive
KPB Parcel No.: 04101364
Existing Zoning: RS - Suburban Residential
Current Land Use: Residential
Land Use Plan: Medium Density Residential
ANALYSIS
General Information;
KMC 14.20.185 details the definition, intent, and permit application process
for Encroachment Permits. Code also lists the review criteria that should be
considered by the Planning and Zoning Commission when determining if a
permit should be granted. The Commission is to establish that the following
conditions exist before issuing an Encroachment Permit;
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 a not a principal permitted use in the zoning district
in which the property is Iocated.
4. The encroachment is not located across a platted lot line.
0431 Comment.doc Page 2
On January 14, 2004, the Planning and Zoning Commission held a public
hearing on an application for a rear yard setback encroachment for this
property. The applicant had built a 320 Ibased on applicant's information)
square foot storage building in the setback and without a building permit,
The application did not include an official asbuilt. The applicant provided an
asbuilt of .their residence with the shed hand drawn on it showing the
building encroaching approximately 14,3 feet into the required 20-foot
setback.
During the public hearing, the Commission heard testimony from the
applicant and David Dickerson an adjoining property owner. Based on a
review of the application and review criteria for encroachment permits, the
request was considered excessive and staff recommended denial. After
considering the information presented, the Commission voted 5 to 2 to deny
the permit. (Copy of minutes attached.l
The applicant appealed the Commission's decision. The Board of Adjustment
held a hearing on February 18th. The Board heard testimony from Mr, Jones.
On March 18, 2004, the Board of Adjustment issued their decision with four
members voting to grant the appeal and three voting against the appeal, The
appeal was granted.
At that time, Mr. Jones was advised his appeal had been granted and that he
should submit an application for a building permit, The building official
notified Mr. Jones that unless he could Iocate and mark his property corners
so that a line could be drawn to verify the building setbacks that an asbuilt
survey would be required. When the building official checked the setbacks
based on the property corners identified by the applicant, it appeared that the
encroachment was larger than originally noted. Due to this, an asbuilt survey
was required.
Mr, Jones hired Integrity Surveys to conduct the survey. The asbuilt
provided (see attached) shows one corner of the shed 5,4 feet frorn the rear
lot line and the other corner 5,1 feet from the rear lot line, The survey
shows the side of the shed is located at 14.4 feet from the side lot line.
Because the rear encroachment was larger than the original encroachment
and larger than the encroachment granted by the Board of Adjustment, Mr.
Jones was advised he would have to reapply for an encroachment permit, In
addition, the asbuilt survey identifies the shed as a"shed on skids with loft,"
Based on this description and the height of the structure, it is believed that
the structure would require a 15-foot side setback and encroaches into that
setback.
For review, this structure is located on a corner lot, Corner lots require two
front setbacks. The portion of the lot opposite the front door or front access
of the main structure determines the rear setback. Once the rear setback is
0431 Comment.doc Page 3
determined, the remaining lot line is considered a side setback. This house
faces U1lindward Drive.
City En~ ineer:
Nothing additional.
Building~ Official:
Nothing additional,
RECOMMENDATIONS
This is a large, two-story, storage building, approximately 335.78 square
feet, which was built without a building permit, The building encroaches into
the 20-foot rear setback at one corner approximately 14.9 feet (14 feet 10 3/4
inches) and 14, 6 feet (14 feet 7'/4inches) at the other corner. The structure
is considered a two-story shed and requires a side setback of 15 feet. There
is a, 6 feet (7 '/4 inches) encroachment into the side setback.
The side encroachment is minimal (less than one-foot) and could have been
granted administratively had the Board of Adjustment previously not granted
the rear setback. (KMC 14.20,185 (i)) Administration recommends granting
this encroachment.
The issues regarding the rear encroachment have not changed since the
original review of the application except, based on the asbuilt, the
encroachment is larger. The Board of Adjustment considered the testimony
from Mr, Jones that he had hired a contractor to construct the shed and
believed the contractor would follow the City's development requirements.
The Board of Adjustment believed "the applicant reasonably believed the
contractor would follow setback guidelines when starting the building's
construction." In addition, the applicant had argued that moving the shed
would require cutting additional trees against the subdivisions' covenants and
the Board believed that "moving the building would hurt the aesthetics of the
area more than leaving it in place."
The rear encroachment appears excessive, The City's development
standards are designed to protect individual properties and to require orderly
development. In this case, the most affected property owner testified
against granting the encroachment stating, "because he felt it will close in on
his Iots and reduce the value of his property," Individuals are responsible for
their property and when a contractor is hired, property owners do not relieve
themselves of that responsibility. The City's codes do not enforce
subdivision covenants and the City does not have a landscaping ordinance
0431 Comment.doc
Page 4
for residential subdivisions. There is sufficient room on the lot to move the
building and meet the setback requirements, Recommend the request be
denied.
ATTACHMENTS:
1. Resolution No. PZ04-31
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
ENCROACHMENT PERMIT
RESOLUTION N0. PZ04-31
A RESOLUTION OF THE PLANNIl~G AND ZONING COMMISSION ~F THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS
AUTHORIZED BY 14.20.185 OF THE KENAI NIUNICIPAL CODE FOR:
NAME: Tracv Jones
ADDRESS: 1545 Windward Drive (P.O. Box 2749)
LEGAL: Lot 2A,Block 4, Inlet Woods Subdivision
PARCEL NO : 041013 64
TYPE OF ENCROACHMENT: Rear Yard Setback (14.9 feet and 14.7 feet) &
Side Yard Setback (.6 feet)
, ,
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has been
submitted and received on
2. This land is on land zoned RS - Suburban Residential
3. That the applicant has demonstrated with plans and other documents that they 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 the Commission conducted a duly advertised public hearing as required by KMC
14.20.280 on: Jul_y 28, 2004.
5. Applicant must comply with all Federal, State, and local regulations
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
28,= day of Jul 2004.
CHAIRMAN: ATTEST:
~~.
a
~' ~
APPLICATI~N F(}R ENCROACHMENT
Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment
Permits which is the relaxation of the Development Requirements Tabie to remed
. . y
encroachments wh~ch da not fall under Sectlan 14.20.OS0, nonconforming uses and which
satisfy the requirements of f~nancial institutions subject ~o the follo~vin conditions: PLEASE
~
READ T~E F~LLOWING, C~MPLETE THE B~~NKS AND IIVITIAI, THE SPACE
AFTER THE ITEIVI NUMBER TQ INDICATE THAT YOU HAVE READ AND
UNDERSTAND THESE C4NDITI4NS.
1. An encroachment means any object or structure above or below ground and
constructed or located in a mar~er other than set forth in the Development
Requirements Table.
2. Provide a site plan ~f the property includin~ location of all existin buildin s
. ~ ~~
nghts-of-v~ay or easements, ~etbacks, elevations, and any data pertinent to the
plication.
3. A Public Notification and Hearin~ is required before the issuance of this
permit. A$105.00 non-refundable deposit/advertising fee is required to cover
these notification costs. ~Please see attached procedure sheet}
ADDITIONAL C~~NTS:
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10' Utility Easement ~~~ 0
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N45'03'04"E 100.00' (
60~ Row Lee2vard Drive
AS-BUIL.T ~ERTIFI~ATIO~J
LEGEND As-8uilt Certificate
~} Monument (found) I hereby certify that the improvements hereon exist
as shown on the following described property.
~ Vent Pipe
L~ot 2A Block 4
Scole: 1" = 30' F.B. #: 2003-01, Pg. 5
Inlet Woods - Jones Realat
KENAI RECORDING DISTRICT
and that no encroachments exist except as indicated.
Plat: 2002-97 Date: 7 January, 2003
Drawn: C8 W.O. ~ 22229 Disk: Inlet ~Woods
.
605 Swires Drive, Kenai, Alaska 99611-8363
SURVEYORS PHONE - (907) 283-9047 PLANNERS
, FAX --- ~907) 283-9071
Exclusion N~ote;
It is the responsibility of the Owner to determine the
existence of any easements, covenants, or restrictions
which do not appear on the recorded subdivision p1at.
Under no circumstances should any data hereon be
used for construction or for establishing boundary ar
fence lines.
Comprehensive Plan, will be changed to a.irport industrial land. He added, the
Commission will need to direct Administration to bring the new classification of the
airport conservation land forward.
VOTE:
Amen Yes Glick Yes Goecke Yes
B son Yes Barrett Yes Hammelman Yes
Eldrid e Yes
lUI0TI0N PASSED UNANIMOUSLY.
ITEM 5: PUBLIC HEARINGS
5-a. PZ04-02 - An application for an Encroachment Permit for rear yard
setbacks for the property known as Lot 2A, Block 4, Inlet VVoods
Subdivision Jones Replat (1545 Windward Drive), Kenai, Alaska.
Application submitted by Tracy W. Jones, P.O. Box 2749, Kenai, Alaska.
MOTION:
Commissioner Goecke MOVED for approval of PZ04-02 and Commissioner Eldridge
SECONDED the motion.
The public hearing was opened.
Tracy Jones, 1545 Windward Drive, Kenai, Alaska - Jones introduced himself as
the applicant for the encroachment permit and explained he had just moved to the
community last year and Hall Construction built a new 3000 sq. ft. home for him on
the two lots he purchased in the subdivision. He noted, this large home takes up
most of the property and indicated he was not aware of the setbacks when the little
out building proj ect was started and had asked his contractor if he thought there
would be a problem. His contractor said he didn't think so because the house sufficed
for the setbacks. Jones continued, he hired an individual to build the out building
and felt if there were any rules he depended on the contractor to know what they were.
Jones reported half way through the project he had to let the contractor go so he
finished the proj ect himself. Jones stated, before the proj ect started he discovered a
rule about protecting trees in the area.
Jones referred to the covenants for his subdivision and passed it around to
Commissioners. Chairman Glick advised the City does not enforce covenants or get
involved in them. Glick added, the covenants would have no bearing on the issue at
hand. Jones disagreed and stated they do in this situation and it's somewhat of a
Catch 22 because in order to do the covenants he's forced to do the other. Jones
continued, the covenants require a five foot setback for a single-story structure and he
PLANNING & ZONING COMMISSION MEETING
~ } n ~~~~r:~ ~- JANUARY 14, 2004
PAGE 4
falls within the guideline. Jones added, when he purchased the property, he didn't
realize there was going to be a 20 and 15 foot setback and quite a bit of property is
lost because of that. Jones continued, he paid a lot of money for the property and
with the setbacks he loses a third of his property. Jones stated there is no
encroachment of any utilities, federal laws, permits, plats etc., and the only
encroachment he is being charged with is the 20-foot from the property setback.
Jones said he purchased two lots and those lots weren't even designed in a specific
direction so once the house was built, that determined the setbacks. Jones stated he
is on a corner lot and now he is forced to have two front setbacks so it pushes him
even further into the corner of his property. In order to have any type of storage
building, he would have to build right up against his house. Jones said this hinders
him from trying to build any kind of structure so he picked about five feet off the back
property line and came in 15 feet from the outside of the side of the property. Jones
provided photographs of his house and reiterated he still didn't know about the 20
and 15-foot setbacks and during the process he tried to protect the trees as required
by the covenants and still build a structure in the small square he had to work with.
Jones stated the building is not a huge building, perhaps large for some little storage
building but it matches the house. Jones added, none of the neighbors have objected
to this building. Jones stated he went with the rules on the front of the covenants,
which states five feet and he built according to that.
Glick asked if there was power or heat to the building and Jones replied there was
only temporary power and no heat. Commissioner Barrett asked what the foundation
was and Jones replied it was on some piles as it is just a storage building and not a
dwelling.
Bryson stated he looked at the building and it appears to be quite tall, perhaps a two-
story structure. Bryson added, he wasn't inside but the placement of the windows
were well elevated from the ground which inferred to him it was probably a two-story
structure, in which case the 15-foot side setback would be appropriate. Bryson
added, the descriptions in the zoning code describe front and rear setbacks and when
the individual developed his lots it continued to front on Windward so there is a
question that Windward is the frontage and 120 feet into the lot is the rear. Bryson
continued, it is apparent from staff comments no building permit was acquired for the
construction but undoubtedly the building permit for the original building would have
provided information on setbacks and would have addressed the situation for five and
15-foot setbacks on sides and what the rear was expected to be. Bryson stated he
couldn't see the justification of approving the encroachment permit.
Jones responded to Bryson by adding the structure is single story; it was just a loft.
Jones added, what makes a two story is an eight-foot ceiling inside and the structure
doesn't have that. He added, the plans were shovcm to the engineer or the building
inspector and it sufficed for a single-story building. Jones continued, if he tried to
move it, which is almost impossible, he'd have to cut down other trees.
PLANNING 8~ ZONING COMMISSION MEETING
~~~,~ u~- f,~ r JANUARY 14, 2004
PAGE 5
David Dickerson, Kenai, Alaska - Dickerson reported he owns Lots 1 and 13, which
show they adjoin Jones' lot and buildings. Dickerson stated they've lived in the area
for over 20-years and had taken a lot of time looking around for a location to on which
to build. Dickerson continued, one of the attractions of the lots in Inlet Woods were
the covenants and the fact there is some open space between buildings and the
privacy it provides. Dickerson requested the encroachment permit be denied because
he felt it will close in on his lots and reduce the value of his property. Dickerson
added, the Jones' home is very nice but quite large as is the out building, which he
feels is the tallest single story shed in Kenai and it will cast quite a shadow on his lots.
Dickerson stated he would like to see the setbacks mainta.ined as they are written as
they are there for a purpose and they protect everyone including Jones.
Eldridge stated, since the building inspector determined the structure to be single
story and if the setbacks are followed per code, Jones could potentially move the
structure 101/2 feet closer to the Dickerson lot line. Eldridge stated he felt it would be
better with an encroachment permit than to move closer to the other lot. Dickerson
stated, the lots are 80-feet wide which are narrow with the setbacks and that affects
what can be done. Dickerson reiterated he felt the setbacks should be maintained.
Barrett asked if it would still be a problem if Jones were to move the shed closer for
the side setback of Lot 1. Dickerson replied, a building five feet from his property line
was not ideal, but it would be acceptable as long as it is within code.
The public hearing was closed.
For clarification purposes, Kebschull noted
• The determination of the single story was based on the building code,
which requires a certain amount for livable space and because there was no building
permit issued for this construction, is was not reviewed.
• The building official had not been inside the structure so it would have to
be reviewed.
• When it was discussed earlier, it was noted it might be considered a
daylight basement, story-and-a-half type stxucture which would require a ten foot
setback.
• Any structure over 120 sq. ft. requires a building permit and is required
to meet the setbacks. Kebschull added, this structure is 200 sq. ft. over that amount.
Commissioner Hammelman asked what the setbacks are for a two-story and
Kebschull replied, five feet for a single story, ten feet for a daylight basement or split
level, and 15-feet for a two-story.
Amen asked when the 120 sq. ft. restriction came into effect and Kebschull answered
about three years ago when the code was clarified and it requires that any structure
requiring a building permit also is required to meet setbacks.
PLANNING 8~ ZONING COMMISSION MEETING
~ ,' n ~, {~,~ ~- JANUARY 14, 2004
PAGE 6
Bryson stated he and his wife own a number of properties in the area and he was
notified by mail of the hearing. Bryson noted they do not own any of the adjacent
properties but are within 200 feet. He added, it was his intent to vote on the issue.
Hammelman stated it was difficult for him to decide on the subject because there had
been no determination of whether it is a single or two-story structure. Kebschull
noted it is not a two-story structure. Glick asked if it could be considered a daylight
basement and Kebschull stated it could be by looking at the height of the structure.
She added, it is not a typical structure by definition. Bryson stated for clarification, in
either case the 15.5 feet conforms to both situations on that side and it is the 20-foot
rear setback that is the issue.
Eldridge asked what the process was since the City now knows the building exists, i.e.
will the applicant be required to file a building permit. Kebschull answered, yes, and
that is when the encroachment was discovered. Kebschull added, the building official
would not review it until an encroachment permit is received.
VOTE:
Amen No Glick No Goecke No
B son No Barrett Yes Hammelman No
Eldrid e Yes
MOTION FAILED.
Chairman Glick advised an appeal could be filed within 15 days with the City Clerk.
MOTION:
Commissioner Bryson MOVED that the following findings of fact be attached to the
action taken:
• Lots were originally platted fronting on Windward.
• As described and defined in the City's building code, Windward Drive
would have been the frontage in this case and the opposite parallel line
would be the rear setback.
• The common lot line 2-3 was vacated and Lot 2-A created by the
elimination of that lot line.
• The residence was constructed fronting on Windward as originally
intended by definition of the plats.
• An accessory structure was built without a building permit and
encroached on the rear setback by approximately 14 feet.
PLANNING 8~ ZONING COMMISSION MEETING
~ ~° r~~,~ ~- JANUARY 14, 2004
PAGE 7
Commissioner Amen SECONDED the motion.
Commissioner Barrett noted a corner lot could choose either street to be the frontage.
Kebschull clarified, a frontage is determined when a house is designed. Barrett added,
Bryson said the lots were designed to front Windward but it appears the decision is
made when the foundation of the house is la.id down. Glick advised Commissioner
Bryson was providing finding of fact on how the encroachment occurred.
Bryson asked where frontage is determined in the code and Kebschull replied, the
front of a house is determined by looking at several sections including the definitions
for front, side, rear setbacks; the Development Requirement Tables specifically state
that side setbacks are determined independently from the front view of the structure;
and, the address section states the house is addressed from the street that it fronts.
Kebschull reiterated, all those sections are put together and that's how the front of a
house is determined.
VOTE:
Amen Yes Glick Yes Goecke Yes
B son Yes Barrett Yes Hammelman Yes
Eldrid e Yes
' MOTION PASSED UNANIMOUSLY.
Kebschull advised of the appeal process, which needs to be in writing to the City Clerk
within 15 days.
ITEM 6: OLD BUSINESS -- None.
ITEM 7: NEW BUSINESS
7-a. Discussion -- Kenai Landing Kenai River Center application for boat
launch at 2101 Bowpicker Lane
Kebschull advised the Commission is given the opportunity to make comments or
recommendations to the Borough as they review the request for a Conditional Use
Permit. Bryson abstained from making any determination on the issue due to
potential conflict.
After general discussion, it was determined the Commission was in favor of the
project. Kebschull stated she would advise the Borough and noted the Harbor
Commission also made a similar recommendation.
7-b. PZ04-O1- An application for a Home Occupation Permit for a daycare for
the property known as Lot 3, Janousek Subdivision (603 Magic Avenuej,
PLANNiNG & ZONING COMMISSION MEETING
~-'1 ~~~u ~~r,~ ~ JANUARY 14, 2004
PAGE 8
~ .. '~^~.1 . ~ j~ ~n'. -~'y !
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THE BOARD OF ADJUSTME~vTT FOR THF CryITY OF KENAI
IN THE MATTER 4F THE APPEAL BY )
TRACY JONES UF THE DENIAL OF )
AN ENCROACHMENT PERMIT }
Case No. BA-04-1
I. DECISION
The appeal is GRANTED.
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II. PROCEDURAL HISTORY
On November 17, 2003, Tracy Jones applied for an encroachment permit for a storage building
at 1545 Windward Drive. The property is located in the RS (Suburban Residential) zone. The
setbacks for that zone are 25 feet for a front setback, 5 feet for a side setback and 20 feet for a
rear setback (KMC 14.24.020).
Mr. Jones built a 320 square-feet single-story storage building near the rear of his lot. As
constructed it has a 15.5-foot side setback and a 5.7-foot rear setback. (See attachment A}. The
building, therefore, encroaches approximately 14.3 feet into the rear setback.
A public hearing on the encroachment permit was held on January 14, 2004 before the Kenai
Pianning and Zoning Commission. Mr. Jones spoke in favor of his permit application, The
owner of two adjoining lots, Mr. David Dickerson, spoke in opposition to the request. (See Lots
1 and 13 on Attachment A.)
Mr. Jones stated he had just moved to the area last year and had bought two lots in the Inlet
Woods Subdivision to build a home on. He had a local contractor build a 3,000 square feet
home. After completion, he hired a different contractor to construct the storage building.
Because of problems, he had to take over the proj ect about halfway through it. He stated he was
unaware of any setback problems with the project when he took it over from the contractor.
Mr. Dickerson testified he felt the encroachment request would put the building too close to his
property and that it would reduce the value of his adjoining vacant lots. He felt the setbacks
should remain as stated in the code in order to keep sufficient open spaces on the property.
The Planriing & Zoning Commission voted five to two against granting the permit. Mr. Jones
filed a timely appeal to the Board of Adjustment under KMC 14.20.290.
APPEAL OF TR.ACY JONES Page 1 of 4
~n Februaly 18, ?004, the Board of Adjustment held a hearing an the appeal. Mr. and Ms.
D~ckerson were unable to attend t~;e hearing, but they submitted written comments to the Board.
They wrote that they believed granting the encroachment would diminish the value of their
adjoining property. They felt the setback requirements of the city code were im ortant for
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privacy, enhanced visual effect and fire safety." They also felt the homeowner was res onsible
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for ensuring the setbacks were met.
Mr. Jones testified in person. He stated he was not aware of tlle setback rules and that he relied
upon his builder to make sure he was in compliance with them. He also stated he picked the area
of hls lot for construction because it reduced the number of trees he would have to cut down.
The subdivision covenants prohibit excessive removal of trees but allow tree removal for
construction.
He stated that moving the storage building would require cutting down more trees, reducin the
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aesthetlcs of the area. He testified that the building was not on any right-of way, nor was it
lacated across a platted lot line. He also submitted a letter signed by twelve residents of the
subdivision supporting his request. The Dickersons, whose lot is most directly affected, did not
sign tlle letter. While the Board may consider community testimony, we may not rel on
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neighborhood support or oppositlon alone as a reason to grant or deny a permit. South
Anchorage Coalition v, Coffey, 862 P.2d 168,172 n.11(Alaska 1993).
III. ENCROACHMENT PERMITS
KMC 14.20.185 governs the issuance of encroachment permits. It defines an "encroachment" as
a"structure above or below the ground and constructed or located in a manner other than set
forth in the Development Requirements Table." KMC 14.20.185(a}.
The review criteria for issuing an encroachment permit are contained in KMC 14.20.185 d.
(}
They are: 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; 3) The issuance of the
encroachment permit will not authorize a use which is not a principal permitted use in the zonin
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dlstrict in which the property ~s located; and 4) The encroachment is not located across a latted
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lot line.
IV, STANDARD ON APPEAL
,An appeal from the Planning and Zoning Commission is a de novo appeal. KMC
14.20.290(b}(2) states, "Board of Adjustment may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination as ought to be made, and to that end
shall have all the powers of the body from whom the appeal is taken." We need not defer to the
findings or decision of the Planning and Zoning Commission.
V. FINDINGS AND DISCUSSION
We make the following findings, The lot in guestion is in the RS zone in Kenai. Under KMC
14.20.200(a)(5), accessory structures (such as storage buildings) may be in the rear yard, but they
APPEAL OF TRACY J~NES Page 2 of 4
must maintain the setbacks as provided in K~'~~ 14.20.200(a). That section re uires setbacks of
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5 feet for the slde yard and 20 feet for a rear yard setback. The buildin has an actual setback of
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15.5 feet in the side yard and 5.7 feet in the rear yard.
We further find that: 1) An encroachment as defined in KMC 14.20.185 exists~ 2 The
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encroachment does not encroach on any State, City or Federal right-of way; 3 The stora e
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building is an allowed accessory structure to a principal permitted use in the RS zone sin le
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family residence); and 4) The encroachment is not located across a latted lot line. Thus the
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review criterla of KMC 14,20.185(d) are met.
That, however, does not end our inquiry, We have held in In tlle Matter o the A eal o the
f PP f
Granti~~g of an Encroachment Permit to Tom and Pam Cochran, Case No. BA-94-1 and In the
~
Matter of tlle Appeal of John ,Iackson's Encroachment Permit Denial, Case No. BA-93-1 that
~
the Board would rej ect a permit application where the applicant either knew or should have
known of the setback requirement. In this case, the applicant hired a contractor to construct the
building for him. Even though he took over the project when it was artiall com leted he
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assumed the contractor made sure the requirernents were met when he started the ro'ect. We
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note that a contractor may, as agent for the owner, come to the City Hall and et a buildin
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permit for a constructlon pro~ect for a customer. V4'e beiieve the applicant reasonabl believed
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the contractor would follow the setback guidelines when starting the buildin 's construction.
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We also agree with the appellant that because it would require cutting down more trees, movin
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the building would hurt the aesthetics of the area more than leaving it in place,
V, CONCLUSI~N
Because the review requirements of KMC 14.20.185(d) have been met, movin the buildin
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would hurt the neighborhood aesthetics more than leaving it in place, and the a licant
pp
reasonably relied on the contractor to follow setback requirements, it is our o inion that the
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appeal should be GR.ANTED.
DATED this 18th day of March 2004.
James C. Bookey III, Vice-Chair
Joe Moore, Board Member'
Patricia Porter, Board Member
Blaine D, Gilman, Board Member
DISSENT
UVe disagree with the opinion of the majority, We believe the property owner is res onsible to
p
ensure setbacks are met whether or not the owner hires a cantractor to do the proj ect. To allow
an encroachment simply because the owner relied on a contractor will discourage owners from
making sure such fundamental requirements as building pennits and setbacks are followed. An
APPEAL OF TRACY JONES Page 3 of 4
owner now needs only to hire a contractor and wash hls/her hands of any setback rules. It
rewards the hiring of a contractor who does not follow city zoning rules. VVe believe t~~e
majority decision sets a bad precedent for future encroachment cases.
We are also concerned that the encroachment of 14.3 feet into the rear setback will reduce the
property value of the Dickersons' adjoining lots. A tall, 320 square-foot storage building within
5.7 feet of the property line wi11 certainly have an impact on the desirability of Lot 13. To us, the
question is, "Who should bear the risk of loss?"-the property owner who hired the contractor or
the adjoining property owner? Of the two, we think Mr. Jones should bear the loss.
For those reasons, we would deny the appeal of Mr. Jones and uphold the decision of the
Planning & Zoning Commission.
Richard Ross, Board Member
John J. ~Villiams, Chair'
DISSENT
I also must dissent from the decision of the majority. I submit a separate dissent because I
disagree in part with the reasons stated by Board Members Williams and Ross. My dissent is
based on the proposition that a homeowner is ultimately responsible to make sure his/her
contractor follows city zoning laws rather than the devaluation of the adjoining lots. I do not
believe a homebuilder should be released from setback requirements simply because he/she hired
a negligent contractor. Such a rule rewards negligent contractors and punishes the majority of
contractors who are aware of and follow city zoning rules.
I too would deny the appeal of Mr, Jones and uphold the Planning and Zoning Commission.
Linda Swarner, Board Member
NOTE: This decision constitutes a final order under Alaska Appellate Rule 602, An appeal
of this decision to the Superior Court must be ~led within thirty days (30} days of the date
of this decision.
~ Board Members Williams and Moore were not present at the hearin but have reviewed the
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written record and read a typed verbatim transcript of the hearing. See Sch~nidt v. Beeson
Plumbing ~ Heating, 869 P.2d 1170,1177-1178 (Alaska 1994}(Alaska Worker's Compensation
Tribunal member not present at hearing may participate in the decision if the member reviewed
the record and hearing testimony).
APPEAL OF TRACY JONES Page 4 of 4
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7a
STAFF REPORT
To: Planning & Zoning Commission
Date: July 13, 2004
Prepared By: NC
Res: PZ04-33
GENERAL INFORMATION
Applicant: Rose M, Wilshuson 283-6632
1310 Kiana Lane
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation - Day Care
Lot 2A, Cerepa Subdivision No. 2
1310 Kiana Lane
04514046
RS-Suburban Residential
Residential
Neighborhood Residential
General Information:
KMC 14.20.230 outlines the regulations that allow home occupations in
residential areas. Applicant proposes to operate a day care from her residence. At
this time, applicant is only watching a relative, but is aware she can have up to 8
children under the age of 12. Day care is specifically listed ~ in the code as a
permitted home occupation. Based on the information provided, the proposed day
care meets the requirements for a home occupation,
A fire inspection was conducted on the residence on July 8, 2004. If the day
care is still in operation, a follow-up will be required on July 8, 2006,
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ04-33
2. Application
3. Drawings
CITY OF KENAI
PLANNING &ZONING COMMISSION
RESOLUTION N0. PZ04-33
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY
OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: DAY CARE - Mini Z's Childcare
(Type of Permit)
OPERATED BY: Rose M. Wilshuson
LOCATED: _1310 Kiana Lane - Lot 2A Cerepa Subdivision No. 2
~Street Address and Legal Description}
KENAI PENINSULABOROUGH PARCEL N0: 04514046
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been
submitted and received on Julx 13=2004.
2. That the application has been reviewed by the Commission at their meeting
of July 28, 2004 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he
can and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission
of the City of Kenai that the applicant has demonstrated that the proposed
development meets the conditions required for said proposal and therefore the
Commission authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
28tn day of Jul 2004.
Chairman:
ATTEST:
~~ ` ~~ U
HOME 4CCUPATION PERMIT 4 . ~ ,
. ~', )
APPLICAT v~ ~ ~`~ ~~'
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DATE: ~
NAME: p~~ M ~ t, .
PH~NE. . ~''
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MAILING ADDRES S : ~ ~ ` ~ '
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PHYSICAL ADDRESS:
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LEGAL DESCRIPTION. I..~~ ~. ~'~. ~....
PARCEL NUMBER: ~~' ~ ~ O ~ ZONIN ~
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DESCRIPTION OF OCCUPATION: ~ ; ~~`~ ~ ; ` :
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Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subj ect to the followin conditions: ~'
g
~ Not more than one person outside the family shall be employed in the home
occupation.
• No more than 30 % of the gross floor area of all buildings on the lot shall be
used for the home occupation. Submit a site plan showing square footage
of all structures on the lot, includin~ the residence and anv accessory
structures. In addition show arkin areas and traf~ic atterns. Clearl
mark the area to be used for the home occu~at~o~..
• The home occupation shall be carried on wholly within the principal buildin ,
.. , g
or the building which are accessory thereto. Any building used for a home
occupation e wholly encl
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Applicant's Signature: Dat ~
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*~*~~~*~
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Application reviewed and approved by:
_
Plann'n Zonin Offcia
ate: -~2.
Approved by the Planning & Zoning Commission; Date:
E:1VVpdocslFORMSIHOME OCCUPATION PERMIT APPLICATION.doc
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 21, 2004
Prepared By: nc
Res: PZ04-35
GENERAL INFORMATION
Applicant: Diane Stockdale 283-7903
1531 Toyon Way
Kenai, AK 99611
Requested Action: Home Occupation - Day Care
Legal Description: Lot 16, Block 6 Redoubt Terrace Subdivision Addition 7
Street Address: 1531 Toyon Way
KPB Parcel No.: 04715011
Existing Zoning: RS-Suburban Residential
Current Land Use: Residential
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
KMC 14.20.230 outlines the regulations that allow home occupations in
residential areas. Applicant proposes to operate a day care from her residence.
Applicant has recently moved to a new residence and would like to transfer her
current day care, which she has operated since October 2001. Applicant watches
her grandson only, but is aware she can have up to 8 children under the age of 12.
Day care is specifically listed in the code as a permitted home occupation. Based on
the information provided, the proposed day care meets the requirements for a home
occupation,
A fire inspection was conducted on the residence on July 15, 2004. If the
day care is still in operation, a follow-up will be required on July 15, 2006.
RECOMMENDATIONS
Recommend approval,
ATTACHMENTS:
1. Resolution No. PZ04-35
2. Application
3. Drawings
CITY OF KENAI
PLANNING &ZONING COMMISSION
RESOLUTION N0. PZ04-35
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY
OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: DAY CARE - Little Hearts Desire
(Type of Permit)
OPERATED BY: Diane Stockdale
LOCATED: 1531 Toyon Way - Lot 16, Block 6 Redoubt Terrace Subdivision #7
(Street Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL N0: 04715011
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been
submitted and received on Julv 12, 2004.
2. That the application has been reviewed by the Commission at their meeting
of July 28, 2004 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he
can and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission
of the City of Kenai that the applicant has demonstrated that the proposed
development meets the conditions required for said proposal and therefore the
Commission authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this
28tn day of JuIY 2004.
Chairman:
ATTEST:
H~ME QCCt~TPATION PER.I~'IIT
~ APPLICATI~N
,
~ ~C..
DATE:
~
NAME: ~ ~ ~~ ~ ~ . ~ C~
. PHONE,
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MAILING ADDRESS: : C~ 1 J~ C~.. *
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PHYSICAL ADDRESS: .~~Yl
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LEGAL DESCRIPTIDN: (~ ~ I~C~...~..-~
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PARCEL NUMBER. ~ S~ ~ •
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DESCRIPTION OF OCCUPATION: C~.~. ~- (.,,~~,,,
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Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to the following conditions:
• Not more than one person outside the family shall be employed in the home
occupatian.
• No more than 30 % of the gross floor area of all buildings on the lot shall be
used for the home occupation. Submit a site lan showin s uare foota e
of all structures on the lot includin the residence and an accessor
v v
structures. In addition show arkin areas and traffic atterns. Clearl
mark t~e area to ~e used for the home occ~pat_ion,
• The home occupation shall be carried on wholly within the princi al buildin
p g~
or the building v~hich are accessory thereto. Any building used for a horne
occupation shall be wholly enclosed.
Applicant's Signature:
~~*~~~*~
Application reviewed and approved by:
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P~LANNING DEP~ART~
M~-ur
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Date.
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Approved by the Planning & Zoning Commission:
lanning~ Z ing Official
Da e `l ~2.1- ~~(
Date:
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AGENDA
KENAI CITY COUNCIL - REGULAR MEETIHG
JULY 21, 2004
?:00 P.M.
KENAI CITY COUNCIL CHAMBERS
httu: / /wwvv.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*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.
ITEM B: SCHEDULED P[~BLIC COMMENTS (10 minutes~
1. Morris L. Porter -- Snug Harbor Cannery Equipment
2. Ross Baxter -- Frisby Golf at East End Trails
ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D: REPORTS OF KPB ASSEMBLY, LEGISLATORS AHD COUHCILS
ITEM E: REPORTS OF KENAI C~NVENTION 8a VISITORS BUKEAU
BOARD AND KENAI CHAMBER OF COMMERCE
ITEM F: P'tTTBLIC HE-ARINGS
, 1. Ordinance No. 2054-2004 -- Increasing Estimated Revenues and
Appropriations by ~7,420 for a State of Alaska Highway Safety Grant for
Equipment.
~• Ordiaance No. 2055-2004 -- Increasin Estunated Revenues and
2. g
Appropriations by ~56,105 to Replace the Police Records Management
System.
3. REMOVAL OF PROTEST -- Alaskalanes, Iac.
ITEM G: MINUTES
1. *Regular Meeting of July 7, 2004.
ITEM H:
~~~ D~ 1.
~ 2
,
~ ~
~
ITEM I:
~~'c,~ 1.
~
y~~~r
2.
~ .
OLD BUSINESS
Discussion -- Lawton Acres/ Preliminary Plat
Discussion -- Airport Lots 5 8~ 6, Block 1, FBO Subdivision/Developrrient
of Lots.
1~'E~ BUSINESS
Bills to be Paid, Bills to be Ratified
Purchase Orders Exceeding ~2, 500
3. *Ordinance No. 205b-2004 -- Increasing Estimated Revenues and
Appropriations by ~51,491 in the General Fund for a Juvenile Justice
Grant From the State of Alaska to be Passed Through to the Boys & Girls
Club of the Kenai Penirisula.
4. *Ordiaauce Ho. 2057~2004 -- Dedicating Certain City-Owned
Foreclosed Lands for a Public Purpose and Authorizing the Sale of Lands
Not Needed for a Public Purpose.
5. *Ordinance No. 2058•2004 -- Amending a Portion of the City's Minor
Offense Fine Schedule in KMC 13.10.015 to Match the State of Alaska's
Bail Schedule.
~,~~~ 6, Approval -- Municipal Advisory Group, Resolution No. 2004-02.
/~ •
7. Approval -- Consent to Assignment of Lease/Lot 3, Block 5, GAA --
Geneva E. Stasek.
8. Approval -- Formation of Library Commission Subcommittee.
ITEM J: C4MMISSIONICOMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Cornmission
5. Parks & Recreation Commission
6. Planning & Zoning Commission
?. Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L: ADMIIITISTRATION REPORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M: DISCUSSION ~
1. Citizens (five minutes)
2. Council
FXECUTIVE SESSION - None Scheduled
ITEM N: ADJOURHMEHT
KENAI PENINSULA BOR~UGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
MEMBERS:
Dr. Rick Foster
Homer City
Term Expires 2004
Mari Anne Gross
Southwest Borcugh
Term Expires 2005
Mark Massion
Seldovia City
Term Expires 2006
Dick Troeger
Soldotna City
Term Expires 2005
ALTERNATES:
- Blair Martin
Kalifornsky Beach
Term Expires 2006
Todd Petersen
East Peninsula
Term Expires 2004
SOLDOTNA, ALASKA
5:30 p.m. July 19, 2004
Yr
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
~!•A ~- ~ },~i~ C~ ~_iVa+u4'..~y~y~~
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C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND-MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. No excused absences requested.
3. Minutes
a. June 28, 2004
D. SUBDIVISION PLAT PUBLIC HEARINGS
1. Apache Acres Subdivision Part Eight
KPB 2004-180
McLane/Knorr
Location: North of Funny River Road
2. Mullen Homestead No. 4
KP~ 2004-183
McLanelMcDowell
Location: City of Soldotna
3. Snowland Estates Subdivision Part Seven
KPB 2004-184
McLane/McGahan
Location: West of Holt Lampligh~ in Nikiski
4. Seacrest No. 4
KPB 2004-181
Imhoff/MernalCreasey
Location: North of Skyline Road in Homer
K-Bay APC
Postponed until City of Homer minutes are received.
1
~
!
~
E.
F.
G.
5. AA Mafitox Subd. Pennock Place Addition No. 3
KPB 2004-190
Imhoff/Elan Group LLC
Location: City of Homer
6. Vogel Subdivision
KPB 2004-182
I nteg ritylBel l
Location: Point Possession in North Kenai
7. Birch Forest Estates
KPB 2004-195
IntegritylPoppin
Location: Longmere Lake in Sterling
8. Cottonwood Golf Retreat
Final Plat
KPB 2003-15~
IntegritylHall
Location: Suneva Lake, North Kenai area
9. Keystone Estates Subd. Arctic Warrior Addition
KPB 2004-191
Vl~hitford/Simpson
Location: off Keystone Drive in Soldotna
10. Diamond Willow Estates Subd. No. 9
KPB 2004-192
Eastham/Gibbs
Location: East of K-Beach Road off Gary Ave.
11. Butler-Church Subdivision Latona Addition
KPB 2004-193
Eastham/Latona
Location: Off Funny River Road
12. Dionne Subdivision Lynx Addition
KP B 2004-194
Eastham/Link
Location: West of Sterling Hwy in Ninilchik
MISCELLANEOUS INFORMATION -- N4 ACTION REQUIRED
PUBLIC COMMENT
ADJOURNMENT
2
J
NEXT REGULARLY SCHEDULED MEETING
PLEASE NOTE: THE PLAT COMMITTEE MEETS ONCE IN JULY.
The next regularly scheduled Plat Committee meeting will be held August 9, 2004 in
the Assembly Chambers, Borough Administration Building,144 North Binkley Street,
Soldotna, Alaska at 5:30 p. m.
PLANNfNG DEPARTMENT
Phone: 907-714-2200
Phone: toll free within the Borough 1-800-478-4441, extension 2200
Fax: 907-262-8618
e-mail address: pfannin_. (~borauqh.kenai.ak.us
web site: www.barouqh.kenai.ak.us/planninqdept
1
~
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
~ BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
July 19, 2004 7:30 P.M,
Tentative Agenda
A. CALL TO ORDER
Philip Bryson
chairman B. ROLL CALL
Kenai City .
Term Expires 2004 V L OF CONSENT AND REGULAR AGENDA
C. APPRO A
Tom Clark All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered
Vice Chairman routine and noncontroversial by the Planning Commission and will be approved by one motion. There will
Anchor be no separate discussion of consent agenda items unless a Planning Commissioner so requests in which
Point/Ninilchik case the item will be rernoved from the consent agenda and considered in its normal sequence on the
Term Expires 2004 regular agenda.
Dick Troeger If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing,
Parliamentarian please advise the recording secretary before the meeting begins, and she will inform the Chairman of your
Soldotna City wish to comment.
Term Expires 2005
*1. Time Extension Requests
Dr. Rick Foster
PC Member
Homer City a. Renney Subdivision
Term Expires 2004 KPB File 2002-252; McLanelRenney
~
Mari Anne Gross LOCatI0t1: South of Funny River Road
PC Member
Sauthwest Borough
Term Expires 2005 * , . ,
2. Plats Granted Administrat~ve Approval
Lynn Hohl *3
Plats Granted Final A roval 20.04.070 - None
pp ~ }
PC Member ,
Seward City
Term Expires 2005 *4. Plat Amendment Request - None
William Hutchinson
PC Member *5. Coastal Management Program
Ridgeway
Term Expires 2004 ~ , . ' ,
a. Conclusive Consistency Determinations Received from DGC
James Isham
PC Member b
Administrative Determinations
Sterling .
Term Expires 2006
c. Current Reviews
Brent Johnson ~
PC Member
KasiloflClam Gulch *6. Commissioner Excused Absences
Term Expires 2006
BlairMartin a. Brent Johnson
PC Member ~
Kalifornsky Beach b. Ray Tauriainen
Term Expires 2006
Mark Massion *7. Minutes
PC Member
City of Seldovia
Term Expires 2006 a. June 28, 2004 Plat Committee Minutes
1
Todd Petersen
PC Member
East Peninsula
Term Expires 2004
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2005
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
b. June 28, 2004 Planning Commission Minutes
D. PUBLIC COMMENTIPRESENTATIONS/COMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS - None
F. PUBLIC HEARINGS
1. Vacate a 50-foot section line easement along the southern boundary
of Lot 25B Subdivision of Government Lot 25 (Plat HM 86-73};
Section 20, Township 2 South, Range 14 West, Seward Meridian,
Alaska; and within the Kenai Peninsula Borough; KPB File 2004-179;
Petitioners; Donald A and Judith A McDonald of Fairbanks, Alaska;
Location: West of Sterling Hwy in Ninilchik
2. Vacate Balsa Wood Court a 50-foot public Right-of-Way, and
associated public utility easements, dedicated by Gaede Eighty
Subdivision Addition No. Three (Plat KN 97-27); within Section 35,
Township 5 North, Range 11 UVest, Seward Meridian, Alaska; and
within the Kenai Peninsula Borough; KPB File 2004-170; Petitioner:
Scott Page of Soldotna, Alaska; Location: West of Kalifornsky Beach
Road in Soldotna
3. Vacate a portion of Lakeview Lane, dedicated by Lakeview Estates
Subdivision (Plat KN 79-41 }; within Section 33, Township 4 North,
Range 11 UVest, Seward Meridian, Alaska; and-within the Kenai
Peninsula Borough; KPB File 2004-166; Petitioners: Ray N Osborne
of Kasilof, Michael E Kardatzke of Soldotna, James D Hatton of
Anchorage and the Kenai Peninsula Borough; Location: West of
Sterfing Hwy in Kasilof
4. Granting a Variance to the 25-Foot Side Yard Building Setback Limit
within the College Heights Local Option Zoning District for a Portion of
Lot 6, Block 3, College Heights Subdivision, Kenai Recording District
77-77, Alaska; KPBPC Resolution 2004-42: Location: off Kalifornsky
Beach Road, Soldotna area
5.
6.
A land-use permit application was received by the Borough to operate
a gravel site in the Anchor Point area; Location: NE114 T04S R14UV
S05, Seward Meridian, KPB 16502221; Parcel: 9.24 acres; Portion to
be Gravel Pit: approx. 2 acres; Applicant: Rex ~
Edward S. Barrett; KPBPC Resolution 2004-46
~. Kline; Owner:
A Resolution Classifying Certain Borough Parce{s Pursuant to KPB
Code of Ordinances, Chapter 17.10.080
7. A Resolution Reclassifying Certain Borough Land Located in the Bean
Creek Area of Cooper Landing Area, Pursuant to KPB Code of
Ordinances, Chapter 17.10.080
8. Ordinance 2004-25: Authorizing the Sale of Parcels of Borough Land
by Sealed Bid
9. Ordinance 2004-26: Authorizing the Acquisition of Lands and
Resources Costing $15,000 or less without Assembly Approval
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the 20-foot utility easement centered on the line common to
Lots 2& 3 Block One Moose Meadows Subdivision No.1 Amended
(Plat KN 83-109), within Section 2, Township 5 North, Range 8 West,
Seward Meridian, Alaska; and within the Kenai Peninsula Borough;
KPB File 2004-185
2. Vacate the 20-foot utility easement centered on fihe line common to
Lot ~ Block 1 Circle Park Estates Addition No 1& Lot 6 Block 1 Circle
Park Estates Subdivision Addition No 2(Plat KN 80-118) &(Plat KN
84-44), within Section 13, Township 5 North, Range 11 West, Seward
, Meridian, Alaska; and within the Kenai Peninsula Barough; KPB File
2004-189 f
H. SPECIAL CONSIDERATIONS
1. Plat Waiver Application: SE1/4 SE1/4 Record of Survey 92-21 T02S
R12W Section 2; KPB 2004-187; KPBPC Resolution 2004-40;
Location: Caribou Hills; Applicant: Jacqueline Swanson
SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 12 plats. -
J. ANADROMOUS STREAM HAB(TAT PROTECTION (KPB 21.18}
1. A Conditional Use Permit pursuant to KPB 21.18 for the relocation of
a 16-foot by 24-foot cabin. The existing and proposed cabin Iocations
are within the established 50-foot Habitat Protection Area of the
Anchor River. This work will occur along the left bank of the Anchor
River at river mile 7,4 adjacent to the SE ~/4 SE ~/4 NE ~/4 E112, Section
13, T5S, R15W, S.M., (KPB Parcel I.D.:169-133-02); Petitioner: Lynn
Whitmore, Anchor Point; KPBPC Resolution 2004-43
2. An Amended #2 Conditional Use Permit Pursuant to KPB 21.18 for
the construction of a 26 32 24-foot by 40 36 44-foot gabled roof to
cover a 31-foot mobile home and 14-foot wooden deck. This
amended #2 project is located along the Poacher's Cove Boat Basin
near the right bank of the Kenai River at River Mile 17.2 on Lot 102 &
Lot 103, Poacher's Cove Planned Development Unit, Amended,
Section 19, T5N, R10W, S.M., AK, (KPB Parcel I,D.: 057-489-10 &
11}; KPB PC Resolution 2003-42 Amended #2.
3. A Conditional Use Permit Pursuant to KPB 21.18 for the construction
of a 4-foot by 60-foot elevated light penetrating walkway along the
upriver portion of the property. 1n addition, 3-5 inches of topsoil and
sod is proposed to cover approximately 3000 sq ft of existing gravel.
This project is located along the right bank of the Kenai River at River
Mile 16.6 on Lot 4, Block 2, Trophy Subdivision, Section 24, T5N,
R11 W, S.M., AK, (KPB Parcel I. D.: 057-550-12}; Petitioner: Rebecca
and Kevin Branson, Anchorage; KPBPC Resolution 2004-44
4. A Conditional Use Permit Pursuant to KPB 21.18 for the construction
of elevated light penetrating walkway and stairs along and into the
Kenai River. In addition, the project proposes to excavate
approximately 11,600 cubic yards of material to change the existing
2:1 slope to a 3:1 slope. This project will start at the Soldotna Creek
Park and continue down stream to Binkley Street along the right bank
of the Kenai River at River Mile 21.5, Section 32, T5N, R10W, S.M.,
AK; Petitioner: State of Alaska, DNR, Division of Parks for the City of
Soldotna; KPBPC Resolution 2004-45
5. A Conditional Use Permit Pursuant to KPB 21.18 for the construction
of an 11-foot by 34-foot park model RV home attached to a 10-foot by
16-foot and 8-foot by 4-foot wooden deck. This project is located
along the Poacher's Cove Boat Basin near the right bank of the Kenai
River at River Mile 17.2 on Lot 98, Poacher's Cove Planned
Development Unit, Amended, Section 19, T5N, R~ OW, S.M., AK,
(KPB Parcel I.D.: 057-489-15; Petitioner: Grant & Cheryf Jensen,
Arlington, Washington; KPBPC 2004-47
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
~. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Seward Planning & Zoning Commission June 1, 2004 Minutes
2. Homer Advisory Planning Commission June 16, 2004 Minutes
3. Anchor Point Advisory Planning Commission July 6, 2004 Agenda
4. KPBPC Resolution SN 2004-11: Renaming Certain Public Rights-Of-Way
Within; Section 4,T02s, R14w; Seward Meridian, Alaska Within Emergency
Service Number (ESN) 451; Section 11,T06N,R12W Seward Meridian,
Alaska Within Emergency Service Number (ESN} 501, as approved on
June 28, 2004
PLEASE NOTE: THE PLANNING COMMISSION MEETS ONCE IN JULY.
FUTURE PLANNING C4MMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held August 9,
2004 in the Assembly Chambers, Borough Administration Building,144 North
Binkley, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission Meetin Location Date Time
Coo er Landin Communit Center Jul 14 7:30 .m.
Anchor Point Visitor's Center Au ust 3 7:00 p.m.
Coo er Landin Communit Center Au ust 11 7:30 .m.
Anchor Point Visitor's Center Au ust 17 7:00 p.m.
The Kachemak Bay Advisory Planning Commission has adjourned for the summer.
The next regularly scheduled meeting is October l, 2004.
;. ~
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 2200
Fax, 907-262-8618 ~
e-mail address: pfannin.c~(a)borouqh.kenai.ak.us
web site: www.borouqh.kenai.ak.uslplanninqdept
5
STAFF REPORT
To: Planning & Zoning Commission - File
Date: June 21, 2004
Res: PZ04-26
GENERAL INFORMATION
Applicant: David and Carolyn Snowder 283-5308
For: Snowder Chiropractic Clinic
P.O. Box 3397
Kenai, AK 99611
Requested Action; Landscape Site Plan - Snowder Chiropractic Clinic
Legal Description: Lot 6, Block 4 Fidalgo Commercial Center Subdivision r
Street Address: 205 Bidarka Street
KPB Parcel No.: 04337006
Existing Zoning: CG - General Commercial
Current Land Use: Vacant
Land Use Plan; City Center
ANALYSIS
General Information:
KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai
Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements,
Applicant's site plan shows proposed structures, parking, landscaping, snow storage area,
and access. Applicant did not know the type of planting materials to be used on plan.
Plan does not show dxainage patterns. Applicant plans is to pave the parking lot.
Cit~En ineer:
Although not specifically shown, drainage and snow storage should be easy to
accommodate.
Buildin~ Official:
~
Use as listed requires 11 parking spaces - 3 per doctor;l per exam room; %2 per employee
~4 employees); 2 for rental space of 505 square feet (requires 1 per 400 square feet).
Parking shown on plan is adequate.
RECOMMENDATIONS
Plan as submitted is approved.
0426 Comment.doc
ATTACHMENTS:
Resolution No. PZ04-26
Page 2
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING
LANDSCAPEISITE PLAN REVIEW
RESOLUTION N0. PZ04-26
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF
THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED
LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE
FOLLOWING C~NDITIONS:
WHEREAS, the attached Landscaping/Site Plan Review was.
• Received by: Marilyn Kebschull, Planninq Official
• Submitted by. David & Carolyn Snowder
• Submitted for: Snowder Chiropractic Clinic
• Property Address: 205 Bidarka Sfireet
• Legal Description: _Lot 6 Block 4 Fidalgo Commerical Center
Subdivision
• Parcel No.: 04337006
WHEREAS, the City of Kenai Planning and Zoning Administration finds this
plan provides for orderly and safe developrnent within the City
commensurate with protecting the health, safety, and welfare of its citizens,
and provides adequate and convenient open spaces, light and air in order to
avoid congestion of commercial and industrial areas; and,
WHEREAS, the plan appears to provide for landscaping andlor the retention
of natural vegetation in conjunction with commercial and industrial
development within the City; and,
WHEREAS, the purpose of landscaping is to visually enhance the City's
appearance and reduce erosion and storm runoff, and the plan appears to
meet this criteria.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE
PLAN IS APPROVED.
~
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Rev~ewe and approved:
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LANDSCAPINGISITE PLAN REVIEW
APPLlCATION
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parking areas, and driveways.
d. Identification and location of non-living landscaping materiais to
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dimensions, kinds of building materials, type of architecture
anticipated.
_ h. Physical features of the property including location of all
buildings, ingress and egress, and unusual features of the
property which may restrict development and drainage.
Additional comments or information should be attached to this appiication.
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STAFF REPORT
To: Planning & Zoning Commission - File
Date: July 13, 2004
Res: PZ04-34
GENERAL INFORMATION
Applicant: Rockwell G. Smith 283-7909
For: Preferred Plumbing & Heating
345 Main Street Loop
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Landscape Site Plan - Storage Building
Lot 11, Block 1 Etolin Subdivision No. 3
345 Main Street Loop
0433007
IL - Light Industrial
Vacant
Central Commercial
General Information;
KMC 14.25 specifies the requirements for landscape/site plans within the City of Kenai.
Section KMC 14.25.030 details Landscaping/Site Plan submittal requirements.
Applicant intends to add a 60x80-foot storage building that is adjacent to his existing
building. Applicant's site plan shows existing structure, parking, landscaping, access,
and snow storage. Site plan does not show drainage pattern. Plan shows 8 parking
spaces; which allow for adequate parking for building,
Trash containers are not shown on the plans. Containers should be located in an obscured
location. Screening will be required.
CitX En.ineer: Areas are sufficient for snow storage, parking and drainage.
Building Official: No Additional Comments
0434 Comment.doc
RECOMMENDATIONS
Page 2
Plan as submitted meets the landscaping/site plan requirements and is approved with the
following requirement:
1. Any trash containers must be screened.
ATTACHMENTS:
1, Resolution No. PZ04-34
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING
LANDSCAPEISITE PLAN REVIEW
RESOLUTION N0. PZ04-34
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF
THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED
LANDSCAPING/SITE PLAN REVIEW BE APPROVED SUBJECT TO THE
FOLLOWING CONDITIONS:
WHEREAS, the attached LandscapinglSite Plan Review was:
• Received by: Marilyn Kebschull, Planning Official
• Submitted by: Rockwell G. Smith
• Submitted for: Preferred Plumbinq & Heating
• Property Address: 345 Main Street Loop
• Legal Description: Lot 11, Block 1 Etolin Subdivision No. 3
• Parcel No.: 0433007
WHEREAS, the City of Kenai Planning and Zoning Administration finds this
plan provides for orderly and safe development within the City
commensurate with protecting the health, safety, and welfare of its citizens,
and provides adequate and convenient open spaces, light and air in order to
avoid congestion of commercial and industrial areas; and,
UUHEREAS, the plan appears to provide for landscaping and/or the retention
of natural vegetation in conjunction with commercial and industrial
development within the City; and,
WHEREAS, the purpose of landscaping is to visually enhance the City's
appearance and reduce erosion and storm runoff, and the plan appears to
meet this criteria.
NOVU, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
ADMINISTRATION OF THE CITY OF KENAI THAT THE LANDSCAPING/SITE
PLAN IS APPROVED.
Reviewed and approved:
Date:
Plan approved subj ect to the following requirements:
U434 Res.doc
Page 2
l. Trash containers are not shown on plans. Containers should be located in
an obscured location. Screening will be required.
ra~C i i ~~ ~ ~
LANDSCAPING/SITE PLAN REVIEW
a~~~ic~-~r~~N
APPLICANT ~ ~~ ~~,~ ~ , ~ m j ~-~
BUSINESS NAME `~R~F ~~ ~ °
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LEGAL PRfJPERTY
OWN E R ,
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PROPERTY ADDRESS ~.o~' ~1 ~LO~K ~. ~°~~~ ,~ ~j d, ~
MAILING ADDRESS `~' r~~- ~E L~ d
PHONE 9p7~ a 3~- 7
Z~NING DESIGNATION C RR RR-1 RS RS-1 RS-2 RU CC CG L R TSH
Circle one
LEGAL DESGRIPTION ~ .#~
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PARCEL NUMBER ~ ~~~~~~
Include the following on the Site Pian. If not applicable please put an NA next to the
item.
/ a. Common and scientific name of the planting materials to be used in the
project.
.,..~/ b. Typic~l ~lanting details.
~ c. Location of all pl~nting areas ~nd relationship to buildin s, arkin areas,
g p 9
ar~d driv~ways.
/ d. Id~ntifi~ati~~ ~~d la~~tion af non-{ivir~g I~nds~a~ir~g r~a~eriai~ ta ~e u~~.
~ e. fdentification ~f ~n-site sn~w st~rag~ ~reas.
_ / f. Dr~in~ge p~i~~~~s.
,/ g. Description of buildings, including building height, ground floor
dimensior~s, kinds of ~uilding m~terials, type of archite~tur~ anticip~ted.
_/ h. Physical features af the property including locafiion of all buildin s, in ress
9 9
ar~d ~gress, ~r~d u~usual f~atur~s of ti~e ~r~~~r~y w~i~h r~~y r~stric~ develop~n~r~t
and drainage.
Additianal comments or informat~an should be attached to this application.
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