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HomeMy WebLinkAbout2004-10-27 Planning & Zoning Packet COMMISSION CHAIR REPORT October 27, 2004 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: ADD: REMOVE: 6b Memo from City Attorney Graves Letter from Charles Bailie Remove from aEenda Staff Staff Staff CiTY OF KENAI MEMORANDUM TO: FROM' DATE' RE' 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~ 1992 Marilyn Kebschull, City Planner Cary R. Graves, City Attomey October 25, 2004 Osterman v. Lofstedt, 3KN-03-0395 CI Commissioner Bryson asked me to check on the status of the above-referenced quiet title action and report it to him. I checked the file at the courthouse to get this information. The case was filed on May 22, 2003. The plaintiff in this action is F. Dewayne Craig. He is represented by Attorney Mark Osterman. The defendants are Vernon and Muriel Lofstedt. They are represented by Attorney Rick Baldwin. The case is assigned to Judge Brown. The plaintiff claims he is owner by adverse possession of part of the back yard nearby improved slope area at 406 S. Forest Drive. The defendants have disputed their claim and requested a trial. The case was originally set to go to trial on October 11, 2004, but the trial was delayed (probably due to conflicting criminal trials that have priority). Judge Brown should set a new trial date soon. This case was filed prior to the effective date of Senator Wagoner's bill changing the roles regarding adverse possession so the old roles still apply. It does not appear from the file that this case is likely to settle. The parties do not appear to have requested a settlement conference or mediation. CRG/sp From: Charles Bailie 1503 Tovon Way Kenai, Alaska. 99611 To: CiB,~ of Kenai Planning and zomg Commission. Dear Commissioners: October 20, 2004 Re' PZ04-44 At the October 13th Planm'ng and Zoning Co.mmission Meeting the Ci~' administration prox4de the public with. a document that outlined the past proceedings that the City has had with Mr DeWayne Craig concerning his apartments on Forest Drive South.. I feel that tiffs document clearly demonstrates Mr Craig's lack of good faith and callous responses to the various Zoning Codes and the Permits he received ti'oIn the Pl.a~m/ng and Zoning Commission. I full3' realize, that Mr Craig has the .fight to maximize the value of his propert).' but only ff he docs so by following the Zoning Rules and Regulations set down by the Cit3:, and further more, no! arbitrarily changing the nature of the neighborhood nor the property values of surrounding homes by his actions. I feel that ~X.k. t,. ram .~. actions have effected the value of my propem.: by his adding a new structar¢ th.at does noI match, archilecmrally, with. fl~e ehsting structure. ]'hen adding insult Io i~.[itn.y, painiing thc new structure a contrasting colors. It appears no etlbrt was made It) mat:ch thc two structures in st).'le, appearance or design thereby creating an 'unpleas¢~t si~u next to my pr(;pc,~..?. Other causes tbr devaluation of my propert3~ are' 1 ). The lack of adequate off stre¢i parking. 2) Lack of snow storage dining the winter months. 3) The unfinished portions of the top floor of the new addition. I there/ore encourage thc Cmmnission to delay an)' further changes to the buildin~ not ah'cady approved by his permiIs; or ~.'he stares of lhe building, until Mr. Craig has corrected the non- compliant clahl~s ah'cady against trim and his sol,&~g file off street parking and snow storage problems. I especiallx: encourage tlfis now since he hopes to sell more apartmants in the near furore. Invoging more p¢opic into 5...k. Craig's existing problems, at this time, would only complicate matlers. Also, I feel there could be a future non-compliant problem ahead. This concerns the top floor space of thc new addition which I feel could become the seventh apartment of the complex. which is not allowed. I want the City, and 5,.lr Craig, to know that I plan on keeping a close surveillance of this space and if I perceive an3: wrong doings I shall notify 'the Ci.ty administration promptly. With my deepest rcspeci Ibr 3:'our serx4ce to fl~e co~mnunity..~. I remain Charles Bailic COMMISSION CHAIR REPORT October 27, 2004 REGULAR COMMISSION MEETING CHANGES TO THE AGENDA REOUESTED BY: REMOVE: 6b Remove from agenda Staff KENAI, ALASKA 210 Fidalgo Avenue Kenai Alaska 99611-7794 ~ Telephone: 907-283-7535 / FAX' 907-283-3014 '~111' 1992 M MO: TO: FROM' Planning & Zoning Commission Marilyn Kebschull, Planning Administrate DATE' October 21, 2004 SUBJECT' PZ04-44 - Conditional Use Permit - 406 S. Forest Drive After your meeting on October 13th and because of issues raised by Mr. Osterman, I requested the City Attorney re-examine whether or not requiring a conditional use permit for condominiums was appropriate. Attachod to this memo is Mr. Gravos' rosponse to that roquest. After researching the issue, it is Mr. Graves' opinion that condominiums should be interpreted as multiple-family dwellings. A conditional use permit would only be required if the development did not meet the requirements in the Land Use Table. Item 6b should be removed from the agenda. Attachment CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 b~r~t-~ 1992 MEMORANDUM TO: / Marilyn Kebschull, City Planner FROM'(]'/~ Cary R. Graves, City Attorney DATE' October 21, 2004 RE' Condominiums Because of some issues raised at the Planning and Zoning meeting of October 13, we agreed that the administration should re-examine how condominiums are being treated under our zoning code. My analysis follows. Condominiums are not mentioned in the Kenai Zoning Code. However, the Land Use Table does list multiple-family dwellings (e.g. "Five/Six Family Dwelling") and Townhouses. Townhouses require a conditional use permit in all zones. Allowance of multiple family dwellings varies from zone to zone. For example, five/six family dwellings are an allowed principal use in the RS, RU, TSH and CC Zones; not permitted in the RS 1, RR1, RS2, ED and R zones; a conditional use in the C, RR, IL and IH zone; and a secondary use in the CG zone. Condominiums have things in common with both multiple-family dwellings and townhouses. Since condominiums are not mentioned in the code, the question is do we classify condominiums as townhouses or multiple-family dwellings under the land use table (KMC 14.22.010)? KMC 14.20.040(2) provides that in cases of reasonable doubt as to whether use is allowed in a zone, the conditional use guidelines apply. Thus, if we treat condominiums as townhouses or if there is reasonable doubt as to how to treat them a conditional use permit would be needed.' If we treat them as multiple-family dwellings, that part of the matrix in the Land Use Table would apply. AS 34.07.440 states, "Local ordinances, resolutions or laws relating to zoning shall be construed to treat like structures, lots or Parcels in like manner regardless of whether or not the ownership is divided by sale of apartments under this chapter rather than by lease of apartments." I was unable to find a case from an Alaska court interpreting that section. Other state codes have similar provisions. See, for example, Ala. Code §35-8A-106(b) and Section 1-106 of the Uniform Condominium Act (1980). State courts have reached different conclusions regarding whether a municipality may require special use permits for Marilyn Kebschull October 21, 2004 Page 2 of 2 condominiums. Griffin Development Co. V. City of Oxnard, 39 Cal. 3d 256, 703 P.2d 339, 217 Cal Rptr. 1 (1985)(Municipality allowed to regulate condominium conversion by special use permit); Maplewood Village Tenant's Ass 'n v. Maplewood Village, 282 A. 2d 428 (N.J. Superior Court, Chancery Division)(Municipality not allowed to require special use permit for condominium conversion). It is my opinion that, while the Kenai Zoning Code is ambiguous as to how to treat condominiums, given the wording of AS 34.07.440, we should interpret condominiums as multiple-family dwellings under the Land Use Table in KMC 14.22.010. Please feel free to let me know if you have any questions. CRG/sp CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 27, 2004- 7:00 p.m. lo 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. e *APPROVAL OF MINUTES' a. *October 13, 2004 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: e OLD BUSINESS: a. PZ04-43 (a) - An application for an Encroachment Permit for a side yard setback encroachment for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive, Kenai, Alaska.- Motion to reconsider by Commissioner Bryson. PZ04-44 - An application for a Conditional Use Permit for condominiums for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff View Condominium Association, 406 S. Forest Drive, Kenai, Alaska.- Tabled from October 13, 2004 meeting. bo 7. NEW BUSINESS: a. *PZ04-46 - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Block 1 Mattfield Subdivision (1217 Lawton Drive), Kenai, Alaska. Application submitted by Pat Reilly, 1217 Lawton Drive, Kenai, Alaska. b. Vacation of 33-foot Right-of-Way, Government Lot 33, Township 6 North, Range 11 West, Section 34, Seward Meridian. Discussion and Recommendation. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Agenda October 27, 2004 Page 2 12. INFORMATION ITEMS: a. Kenai City Council Roster b. "Zoning Bulletin"- September 25, 2004 c. December 22na Meeting Cancellation Memo d. Requirements for Home Daycares 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Work Session immediately following regular meeting Development of Limited Commercial Zone. le e CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS October 13, 2004 - 7:00 p.m. *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. *APPROVAL OF MINUTES: a. *September 22, 2004 b. *September 22, 2004- Work Session 3. SCHEDULED PUBLIC COMMENT: e CONSIDERATION OF PLATS: a. PZ04-42- Preliminary Plat- Redoubt Terrace Bluff View Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. bo PUBLIC HEARINGS: a. 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). PZ04-4 l~An application for a Conditional Use Permit for a daycare for the property known as Lot 11, Block 4, Redoubt Terrace Subdivision (1511 Fathom Drive), Kenai, Alaska. Application submitted by Sonia Tribble dba Nana's Place, 1511 Fathom Drive, Kenai, Alaska. c. PZ04-43 - An application for an Encroachment Permit for rear and side setback encroachments for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive, Kenai, Alaska. PZ04-44 - An application for a Conditional Use Permit for condominiums for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff View Condominium Association, 406 S. Forest Drive, Kenai, Alaska. do 6. OLD BUSINESS: e NEW BUSINESS: a. *PZ04-45 - An application for a Home Occupation Permit for a daycare for the property known as Lot 32, Block 1 Redoubt Terrace Subdivision (1614 Tanaga Avenue), Kenai, Alaska. Application submitted by Kathryn Medcoff, 1614 Tanaga Avenue, Kenai, Alaska. b. Structure Improvements, Lot 6A, Block 1 Gusty Subdivision No. 4, 11616 Kenai Spur Highway/445 Coral Street, Leased by Pingo Properties, Inc. and Geoffrey M. Graves. Review/ Recommendation 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 (9/10/04) b. November 24th Meeting Cancellation Memo c. KPB Comprehensive Plan Update Letter dated 9/29/04 d. Ordinance No. 2071-2004 - finding that certain City-owned land, identified as Lots 1 & 2, Block 6 Mommsens S/D Replat of Additions 1 & 2, located at 2402 & 2406 California Avenue in Kenai are required for Public Purpose. e. Building Permits Quarterly Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING ~ ZONING COMMISSION CITY COUNCIL CHAMBERS OCTOBER 13, 200~- 7:00 P.M. CHAIRMAN CARL GLICK, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Glick called the meeting to order at approximately 7'03 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners Present: Commissioners Absent: Others Present: J. Twait, J. Hammelman, N. Amen, J. Barrett, C. Glick, and P. Bryson B. Eldridge City Clerk Freas, Council Member Ross, City Planner Kebschull and Building Official B. Springer 1-bo Agenda Approval ADD TO: Items 5-c and 5-d -- Email from John and Glenda Landua requesting the applications be rejected if the record indicates "...historical problems with compliance and non-conformance." Items 5-c and 5-d -- Chronological history of permits for 406 S. Forest Drive. Item 10-a -- Action Agenda for 10 / 6 / 04 council meeting. Item 10-b -- 10/.11 / 04 KPB Plat Committee Agenda and KPB Planning Commission Meeting Agenda. MOTION: Commissioner Amen MOVED to approve the agenda with the additional items provided and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. Consent Agenda MOTION: Commissioner Barrett MOVED for approval of the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Hammelman SECONDED the motion. There were no objections. SO ORDERED. ITEM 2' APPROVAL OF MINUTES Commission Meeting/September 22, 2004 -- Approved by consent a~enda. Work Session/September 22, 2004 -- Approved by consent a~enda. ITEM 3: SCHEDULED PUBLIC COMMENT-- None. ITEM 4: CONSIDERATION OF PLATS PZ04-42- Preliminary Plat- Redoubt Terrace Bluff View Replat. Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. MOTION. Commissioner Bryson MOVED to approve Redoubt Terrace Bluff View Replat and Commissioner Hammelman SECONDED the motion. City Planner Kebschull referred to the staff recommendations listed on the staff report included in the packet. She noted, should the Commission recommend approval to the Borough of the replat, it should not be recorded until' · A variance for minimum lot size should be applied for and granted or the applicant should request and receive a rezone of the conservation portion of the lot to suburban residential; The parcel is developed and the plat should verify there are no encroachments; · A current as-built should be submitted to insure there are no encroachments resulting from the addition along Toyon Way. Commissioner Bryson noted a correction needing to be made in the first staff recommendation, i.e. whether it was the owner of the property who should apply for a variance for a minimum lot size or rezone. Kebschull noted the correction would be made. Bryson also noted the intention of his motion to approve was to include the staff recommendations and Commissioner Hammelman agreed. Amen asked if the Commission voted to approve the motion, that approval would be conditional on the recommendations being granted. Kebschull explained the city makes recommendations to the Borough on platting issues and typically they take into consideration city recommendations made prior to their allowing a plat to be recorded. VOTE: PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 2 Twait Amen Bryson Yes Yes Yes Hammelman Barrett Yes Yes Eldridge Glick Absent Yes MOTION PASSED UNANIMOUSLY. ITEM 5' PUBLIC HEARINGS 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 othemrise allowed under KMC 14.20.245 (e). MOTION: Commissioner Hammelman MOVED to recommend 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 Amen SECONDED the motion. Kebschull explained the requested amendment to the code is a proactive effort because more and more people are parking recreation vehicles on residential lots where there are no homes, which is not the intent of the code. There were no public comments. A numbering error in the resolution heading [(d(5) should be 'd(4)'] was noted and Kebschull stated it would be corrected. VOTE: Twait Amen Yes Yes Bryson Yes Hammelman Barrett Yes Yes Eldridge Glick Absent Yes MOTION PASSED UNANIMOUSLY. a-b, PZ04-41 -- An application for a Conditional Use Permit for a daycare known as Lot 11, Block 4, Redoubt Terrace Subdivision (1511 Fathom Drive), Kenai, Alaska. Application submitted by Sonia Tribble dba Nana's Place, 1511 Fathom Drive, Kenai, Alaska. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 3 MOTION: Commissioner Barrett MOVED for approval of PZ04-41 with recommendations stipulated by staff and Commissioner Bryson SECONDED the motion. There were no public comments. Kebschull noted she received no comments from neighboring property owners; a stipulation was being placed on the permit stating the applicant is licensed for 12 children, including her own, and no more than five overnight including her own, per state regulations; and, the daycare conforms with state regulations at this time, including overnight care. VOTE: Twait Yes Hammelman Yes Eldridge Absent Amen Yes Barrett Yes Glick Yes Bryson Yes MOTION PASSED UNANIMOUSLY. It was also noted, an appeal to a decision of the Planning & Zoning Commission must be filed, in writing within 15 days of the decision, with the Kenai City Clerk. BREAK TAKEN: 7:15 P.M. {to review additional information provided relating to PZ04-43} BACK TO ORDER: 7:25 P.M. PZ04-43 -- An application for an Encroachment Permit for rear and side setback encroachments for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive, Kenai, Alaska. MOTION: Commissioner Hammelman MOVED to approve the encroachment permit as indicated in the staff report, including the conditions the staff has outlined. Commissioner Amen SECONDED the motion. Kebschull referred to the chronological information provided at the beginning of the meeting she assembled in response to a request from John and Glenda Landua. Public Comments' Mark Osterman, 215 Fidalgo Avenue, Suite 106. Osterman introduced himself as an attorney representing DeWayne and Diane Craig. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 4 Verbatim Begins: Osterman: I wanted to let you know that one of the things that happened in this particular case dealing with the encroachment comes out of litigation involving adverse possession affecting the rear of the property. Glick: Okay, before you start sir, we do have a limit of five minutes and we'll be timing you please. Osterman: Oh, I'll certainly do my best to make it known to you that the rear encroachment has been resolved because adverse possess lawsuit filed by Mr. Craig against Mr. Loftstedt, in File 3KN-03-395 ci. That case has been resolved favorably in Mr. Craig's behalf for a substantial piece of property, I think about 12,000 square feet of property, which would deal with part of these encroachments. Under the circumstances that the deeds, platting issues, and all those things have yet to come, but we have reached an agreement, a court order will be issued in this particular case. So I wanted you to know that. But, yeah, there's a problem with the side setback only -- this, it would deal with the rear setback. Glick: So, you're saying then, it will be replatted and the one setback will be taken care of that way? Osterman: Ah, yes. That's exactly what I'm saying. Glick: Okay, but there's still a problem with the other setback, is that right? Osterman: Right, with the side setback and I think that's, how many feet 'is that (DeWayne Craig whispering from audience)...yeah, and we'd ask that you approve both of them. I mean, I want you to realize that the rear setback is not an issue. The side setback, as I understand it, is two and one-half feet. We'd ask that you approve both. Glick: Any other questions of the speaker? Yes, Mr. Bryson. Bryson' You stated that the, first you initially stated that you had an adverse possession case that had been presented. Has the adjacent property owner agreed to sell the property to... Osterman: There's been an agreement to solve the case. The resolution of the case will require the issuance of a court order. So, you can say that there's been an agreement, yes, and you can say that there hasn't been necessarily an agreement, no. But, the effect of, the effect is that there will be stipulated order entered by the PLANNING as ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 5 court to resolve the case. Glick: Mr. Amen. Amen' And also a question. So, just to clarify what you mean by rear versus side of the property which I got confused a little bit the last time we looked at this...is this the rear of the property here at the bottom of the page. Osterman: Yes, where your green is there, yes. Amen: You define this as the rear? Osterman: That's what everybody else is defining is the rear, but I understand it was actually defined once upon a time as the front. Amen' I'm sorry. So, you're initial comments were addressing the bottom of our map which, at that time, you said was the rear of the property. Osterman' Correct. It is marked down here it says 'front lawn' on this particular survey that I have here. Amen: property? And, as it is marked on our...so, we're going to call that the rear of the Osterman: Well, it's been called the front of the property for so long, in fact it was the front of the property at the time the building was built so that there would not be a setback issue and that was back in 1982 is when that was determined... Amen: What are you calling that line today? Osterman: The property we settled. How's that. Amen: Is it rear, side or front sir? Craig: My name is DeWayne Craig. I'm the property owner at 406 South Forest Drive. The city, the city is defining as, is defined that as the side and the rear on Dr. Bailie's side as the back. That's the way the city's looking at it and that's the way, they informed me, that that's the way they're going. You can ask Marilyn and Bob if that's correct. I think that's the way they're looking at it. It doesn't matter how I look at it, it's how the city looks at it...(inaudible) Glick: Mr. Bryson. Bryson' Yes, when I look at it either way, the rear setback is 20 feet and the side setback is 15 feet and it would appear to me to be, in either case, there's a PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 6 problem. Craig: And that's why we're here, to get that taken care of. Back in 82 when I built it, Mr. Hackney, we were having trouble laying it out and he said that I could lay it out and build it that way and keep it five foot from the bluff side and I'm not sure, I thought it was 20 feet or maybe 15 feet, cause the architect, whenever I considered it a two-story place, two-story building with a daylight basement, and it's still five feet shorter than Dr. Bailie's house next door and his is a five-foot setback on the side, but he has 20 foot setback on the bluff side. Bryson: Back in that time, I remember whenever I built my house, the building inspector interpreted the situations or if the house was one story on that side of the lot, it would be treated as a one-story side setback requirement. If it was two stories there, it would require the two story and so, if there was a single-story garage here, it had a five-foot setback or if it was a one-story house, it was the same thing. If it was a two-story structure, it required 15 and that certainly predates when this was constructed. Osterman: But, at the same time, if you go this October 13th 2004 history that we just got minutes before this meeting got started and I'd indicate that I don't think it's necessarily fair that this was given to you to read before hearing when we just barely got the thing to contest some of the facts, but the facts show that the major structure that you're looking at, according to the survey, the as-built, this building was approved with these setbacks as they are right now. So, you're in essence being asked to disregard the setbacks that existed back in 1982, even 1998, when this was published. So, if there had been inspections and determinations that had been already made by the planning department, we don't think they come back and ask you to re-determine which sides the front and which sides the side to change the setback requirement that they placed on it back on July the seventh, 1982. And that's essentially what's happening here with this particular issue. But, one of the problems with the setback has been resolved by this adverse possession claim. There's still another 2 ½ foot issue. We simply ask you to approve both so that tonight, so that we can resolve our adverse possession claim effectively but I wanted you to know that my client has been working on resolving the issue of property that he's claimed as his over the years. Glick: Mr. Bryson. Bryson: I have a question. We have the plat that was before us earlier referred to as Lot 1-A. Is the area of that proposed Lot 1-A concur with the adverse possession order that you have said is forthcoming? Osterman: I'm not sure what you have as Lot 1-A. may be talking about sir? Could I see a copy of what you PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 7 Bryson: It's Rebluff Terrace, Bluff View Addition. Osterman: The area known as Lot l-A, Block 6, yes, that is part of it. Not all of it. Bryson: That's not it, then. Osterman: That's not it entirely, no. Bryson: You, you made a reference to 12,000 square feet... Osterman: Roughly. Did you see the shaded-in area? Bryson: Yes. Osterman: Roughly. The shaded-in area is the area that will be resolved by this dispute. Glick: So the side next to Lot 2 on that same plat is where we're still in dispute after... Osterman: Yes, and that's the 2¥~. foot that I believe, that is in dispute. Glick: Okay. Amenl the side? And, and this is the, the one that faces Forest Drive, we're calling that Voice: Over here... Amen: Oh, we're back here...oh, against the Bailie's, Lot 2? Voice' At that's the rear. Make sure we're all on the same page. Osterman: I think we should identify it by north, east, south and west, would probably be a better way to do it. Voice: The west side then... Osterman: Yeah. Trying to understand it. Voice: And the south side would be this side... Osterman: The south side would be the south. Glick: Okay, any other comments? Okay, is there anyone else in the public PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 8 wishing to speak to this item. Bailie' Yes, I do...I'm the one... Glick: Would you come up to the... Bailie' Oh, I'm sorry...I'm the one who lives on the, facing the east, if that helps any. And the 2½, 2.2 setback really does not affect me that much. I mean, my house is only five feet from my boundary line and yours is what? Voice' 17¥~. Bailie: ... 17½, so, I have no problem with that part. this case, why, that's my opinion. Okay? So, if that has any bearing on Glick: Okay. Would you sign in please. Bailie: Oh, okay... Glick: Okay, anyone else in the public wishing to speak to this item? Seeing none, we'll bring it back. Commissioners, discussion. Mr. Bryson. Bryson: Yes, I guess, not having direction from the, our city attorney with regards to the status of and how an adverse possession issue meshes with this proposed activity, I'm somewhat uncomfortable concurring that there is no issue in that area... Glick: Marilyn, you have a... Kebschull: Yeah, actually the city attorney and I actually discussed that and even if there is a court decision and that, that some of or all of that property shown on the plat was shown to belong to Mr. Craig, you would still have a lot line and that lot line is what determines and encroachment. An encroachment exists and in order to remove that lot line, you would have to, you know, come for a plat and again, it would either require a rezone or a variance for the minimum lot size, probably a rezone in that case if you remove the lot line. So the encroachment exists regardless of their court case. Glick: Does that answer it, Phil? Bryson: So I, at face value, I would say that if this plat were approved and signed by the adjacent property owner also, that would replat that, that lot with this adjacent property. The plat we had before us had places for Diane and DeWayne Craig and Vern Loftstedt to sign and to the degree that all three of those people agree with that proposed replatting, that would eliminate that lot line. PLANNING &; ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 9 Kebschull: No, this eliminates the lot line, but you still create a split zone situation, so we're recommending to the Borough that they do not allow this plat to be recorded until that situation is taken care of because the split zone portion is Conservation will not meet the 20,000 square foot requirement for that zone. So they will either have to come back for a variance for lot size or rezone it to suburban residential. The lot line will disappear, but, when you look at it on one of our zoning maps, there will be two different zones. Glick: Okay. Craig' DeWayne Craig. I appreciate what Marilyn's saying tonight and I would like for you to consider that and okay the setbacks. About two months ago I got two earnest monies to buy two condos. I sold one unit five years ago, but when the people who insure the property, title insurance, when they called the city the city told them there was an encroachment, so it's held up the two sales on the place and if I don't get the encroachments taken care of, I can lose those sales and so that's one reason I'm here tonight is to hopefully get this taken care of so I can go through with those two sales for the condos. So, if you keep that in mind, I'd appreciate it. Glick: Okay. Anymore discussion. Yes. Amen: Okay, just several .questions for staff. This has been one of our more interesting items for us to consider this evening. In reading through the material that you had given us prior to the meeting and not just the lay-down material, I was trying to figure out exactly when, on the map, Unit No. 5 came into being and when that was approved by the, by the city and apparently that never got... Kebschull: We don't have record of that, but we did have a meeting, Mr. Springer and I, with Mr. Craig and discussed that and he explained to us that that was a part of the original fourplex, but, and he could probably explain it better because he's the one who did it, and then somehow an interior, it was separated, one of the four-plexes was separated from the larger portion. The third story and the third story became the fifth unit. No building permits were issued for that. I don't know what year that was . Amen: Okay, but we were aware of the number six, correct? That was a couple years back...what's labeled here No. 6. And then, I'm going to have to use my math. So, the encroachment we're considering here is on this side here, correct? Kebschull: You're considering two encroachments. Amen: This one here and this one down here? PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 10 Kebschull: Yes. Amen: Are these also encroachments that I have highlighted? Kebschull: There is an, you granted an encroachment permit in 2002 for the sixth unit when it was converted to a garage, or from a garage to a residential unit. Amen: Okay, then how about this portion, this little triangle here? I'm on the lower right of the diagram here. (looking at the diagram)...That's not part of the structure? That maybe a deck or something? I see the boardwalk there...you see where I got confused? It looks like it's part of the building. Springer: If I might .... one aspect or one thing I might mention about the so- called side/rear setbacks to clarify that for you is that when you stand on the street and look at the building, that is the front of the building. That's considered the front and the side of the property directly opposite that is the rear and a piece of property that is on the side, as you're looking at the building, is the side yard, unless it's a corner lot, then other side is also considered a front setback also. Glick: Mr. Amen. Amen: Then basically y°U.have two fronts here? Springer: Two fronts, one side, and one rear. Amen: Thank you... Springer: ...and the building permit in 1992 that was issued, it clearly stated on that permit what the side yard setback was, what the rear setback was, and what the front setback was. Amen: Okay, so the two street sides, two street faces of the building, are considered the front, the flat plan of the building that faces the beach is considered a side... Springer: Yes... Amen: ...and then the portion that faces Lot 2, or Dr. Bailie's, is considered the rear...Thank you. Hammelman: I guess the only comment I would have, it's very interesting issue here, but what I plan on doing is voting in favor of it because the building was constructed in 1982. The encroachment occurred at that time. Nothing has been done since then and the building is in place. And, it will either never be approved PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 11 or always, they're always be an encroachment, or we can move forward and approve that and that's what I'm leaning for because I don't see a frx short of that and if the property is his to decide, then it's pretty much a moot point on that one and we've got Dr. BElie here agreeing that the 2.2 encroachment on the rear side isn't an issue for him, so I'm going to support the motion to grant the whatever, grant the encroachment permit. Thank you. Glick: Okay, any more discussion? Bryson: I go back to the same situation, what the side setback. We're taking at face value that this adverse possession case has been settled and it would certainly be the fastest one I've ever heard of and it may well be. So, I, typically they're long, drawn-out affairs that... Craig: I have a question... Glick: Sure. Hammelman' I may be misunderstanding something, but, you know, in my evaluation of the request, to me, I'm just saying that's Loftstedt's and it will never change, you know. In my mind, if it never changed from the Loftstedt's property, I, I would still vote the way I just described. If it's ad, if it is taken back, it's given to the applicant here, the Craig's, then that would make it easier, I guess, but I'm not sure if I'm missing something here or not Phil. Could you help? Glick: Mr. Bryson. Bryson: I, I just might go back to recent history with the city council where adjacent property owners objected to approving encroachment permits that they perceived as affecting their property. To me it's the same situation until Loftstedt concurs. Craig: Can I ask a question? Mr. Bryson. Glick' Yes. Craig: Thank you very much. are talking about? Who, what was the property owner that you Bryson: The owner of the property that is beyond your property line that contains Lot 1-A. Craig: Do you mean, Mr. Loftstedt? Bryson: Yeah, that's what the preliminary plat... PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 12 Craig: Mr. Loftstedt never came in and said anything about the encroachment... Glick: No, I think Mr. Bryson's referring to other cases that we've had where property owners adjacent objected and the city council upheld, is that what you were saying? Bryson: Yes, yes. Glick: Not yours, other cases that have been... Craig' I misunderstood him. Glick: Jeff. Twait: I guess I'm just curious, if we vote not to grant this, what is the remedy or where does this go from here, is this just a revolving circle that never, we're not going to knock the building down, I assume. But what, where does this end, I guess... Glick: I guess when we find out if the court case does change, you know, if they reapplied it and change the lot line. Amen: city council. Well, of course, it can be appealed through the appeal process to the Glick: Or, it can be appealed too, so. Bryson' I wonder if I might request a separation of the petitions for encroachment permits so that I could make the motion on them separately? So, I would request... Glick: Okay, you want to amend the motion to separate the two. Bryson: Yes. Glick' Okay. Do we have a second on it? Hammelman: the motion? The second would have to concur or is this an amendment to Bryson: It's an amendment. Glick: It's an amendment to the motion. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 13 Twait: I'll second that. Osterman: May we be heard with respect to the amendment? Glick: the back... So, if we pass this amendment, it would be separating the side and Osterman: Yes. Mark Osterman again for the record. My only concern is Mr. Craig has indicated to you that he has sales on this property and that this panel is effectively, stopping the sale of his condominium units and prohibiting him from going forward. Mr. Bryson raises the issue he's never heard of such a case going forward so quickly. This is volume three sir of this particular piece of litigation. It's been going on since April of last year and I've got a copy of the pre-trial order that we're supposed to be in trial next week. Now, I don't know about you, but as an attorney, this is actually taken a lot longer than I'm used to. Because one has not protested should not be a reason for this board not to act. The fact that Mr. Lofstedt is not here to protest this particular lot line may well be in fact because I had spoken to Mr. Baldwin, his attorney, and asked that we not have any interference in seeking this p ~articular encroachment as a means of part of our resolution of the case. We'd ask that you approve the encroachments on both and not allow the amendment. Thank you. Glick: Okay. We have an amendment to the motion to separate them. vote on that amendment. Let's Freas' Twait. Twait: Yes. Freas: Hammelman. Hammelman: No. Freas: Amen. Amen: Yes. Freas' Barrett. Barrett: No. Freas' Glick. Glick: Yes. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 14 Freas: Bryson. Bryson: Yes. Freas: You have four yes, two no. Motion passes. Glick: Okay, the motion passes. We separate the two. Okay. Let's deal with the one that's on the Loftstedt side first, the bluff side. Marilyn, you had... Kebschull: Mr. Glick, I would like a clarification before you vote that your motion included staff comments that we have an updated as-built to insure there are no further encroachments on this structure because of the new addition on Toyon and that the code requires that the drawing be submitted showing all the structures which we do not have so that if you should decide to approve, that the permit be held until we receive an as-built and because... Osterman: I would ask the record reflect that I'm going to provide her with a copy of the as-built, particularly, I also have copies of the other as-builts they claim were never provided. So, I let the record reflect. Kebschull: I'd like the record to reflect this is the first time we've ever seen this as-built, either the building official or myself... Osterman: It's a new one. I just got it today. Kebschull: Okay, for the record. Glick: Okay, since you were the maker of the motion, which... Bryson: Yes, I would like to amend the motion to require that the adjacent property owner concur in the, in the encroachment permit. Glick' On the bluff side there. Bryson: This is the, yes, the southerly... Glick: Southerly side. Bryson: In fact, that may already be the case if the have come to an agreement. Amen: So, it would be contingent upon their being in agreement. Bryson: That a document would need to be provided that Mr. Loftstedt has no objection to the issuing of an encroachment permit. .. PLANNING &; ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 15 Glick' pass. So, what you're saying, when that document's provided, this would Bryson' Beg pardon? Glick: If we pass that, then the document has to be provided and if it is, then it automatically would... Bryson: Yes, it wouldn't come back to us... Glick: ...wouldn't come back... Bryson: side. ...it would part of the issuing of the encroachment permit for that, that Glick' Okay. Hammelman: Clarification. So then if we vote in favor of the encroachment permit, the condition on that would that we agreed to make it approved. Is that correct? Bryson: My amendment was just to add this as a condition. Glick: We still have the main motion, but he's amending it to say this is a condition that, you know, if it passes, that condition would have to take place first. We still need a second on his amendment though. Amen: I'll second that. Glick: Okay. Kebschull: Could you restate that please? What the condition would be. Glick' I'm still not hearing you Marilyn, I'm sorry. Kebschull: Could you restate what the condition would be? Glick: Okay. Bryson: The condition is that the adjacent property owner, adjacent to the southerly property line, concur in issuance of the encroachment permit of that lot line. Glick: Okay, let's vote on that amendment. Everybody clear on what this PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 16 amendment does to the motion? Barrett: Discussion? Glick: Yes. Barrett: Is this a usual procedure having, being one of the newer people on the commission here. Is that, is that usually done? Glick: It's not an everyday thing, but it's done this way sometimes. It can be that way. I mean, staff has conditions to these if we agree to the conditions they're automatically... Barrett: Sure. I was talking about the condition of having the adjacent property owner approve our decision. Bryson: I'll speak on that... Glick: Okay. Bryson: This is precedent setting on the City of Kenai that property adjacent is proposed for platting initially without the apparent permission of the adjacent property owner in an adverse possession case. This is a very different situation. Barrett: Did I misunderstand or wasn't the adverse possession case on the westerly portion of Lot 2? Glick: No. Barrett: Misunderstood that. I'm sorry. Glick: Okay. Bailie: May I ask you a question? Glick: What is the boundary or the dimensions of the, well I guess, the 5-a, denoted anywhere? Bryson: Lot i-A? Bailie' 5-A? Which one is south of Mr. Craig's property that you're talking about? Bryson: The drawing we have before us is a new lot referred to as Lot 1-A and incorporates Lot 1, which is Mr. Craig's, and property to the south. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 17 Bailie: Is A? Bryson: Yes. Bailie' Any dimensions made on that? Bryson: There are dimensions here, but apparently that's not completely, they're not necessarily the same footprint as the court action as I interpret... Osterman: Actually, the shaded area is, but the area from 1-A is not... Glick: You need to come to the mike sir because we're recording it and we Osterman: Yeah, the dimensions of Lot 1-A are not the adverse possession area that was resolved. The tape change possession area and there is a different legal for that than the legal provided on that plat that you have but I want to point out one of the issues that I think that may be overlooked here deals with the nature of the property itself. We're all worried about it being an adverse possession claim. Mr. Craig flattened this property out, filled it, planted grass, landscaped it, has put sculptures on it and occupied as a part of his land for over 20 years and that's why it's a fairly clear-cut issue about his making use of this particular property. Yeah, there has been a dispute, but as I said before, the parties have reached an agreement to disagree, so to speak, in the resolution. But also, I point out that Mr. Loftstedt should have received notice to be here tonight and I think, under the circumstances, if he received such notice, why are, why should this board concern itself so extensively with his ability not to be here. Glick: Okay. Amen: Question for staff... Glick' You want to...go ahead. Amen: Okay, question for staff. Maybe you can help me out with the terminology so a resolution is pending, but we've also heard that they've agreed to disagree, so if they disagree, I'm not sure how that turns into a resolution. Kebschull: In this case, I, what you're looking at, what we are looking at is the lot that is shown on the plat as Lot 1, Block 6. That's, that's what we're considering encroachments. Amen: ...so we're focused on that? Okay. Another question for staff. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 18 Glick: Okay. Amen' The square footage, how much requirements on this? I was looking, it appears there's a lot of building a little bit of space here. Was that an issue, and maybe I missed it on the list here, was that resolved as a past issue or is the square footage... Kebschull: That has been resolved. At this time, the structures that are on the lot, according to our calculations which were done in 2002, meet the lot coverage requirements. There was a request for a variance for lot coverage and it was denied. Amen' Okay. And, for the rest of the commission just to comment is, the times I have noticed the parking and the traffic pattern on that corner, the vehicles on the street and the parking use on the property has combined to be, to make the corner pretty unsafe to drive through. There's been a lot of obstructions with traffic with the way this has panned out over the days and years, excuse me, the months and the days and so, I'm really leaning against doing anything at all. Well, let's see how the vote goes, but that has become an issue with the homeowners in that area. Glick: Mr. Barrett: Hammelman: That has nothing to do with the encroachment though. Glick: Mr. Barrett. You had your hand... Barrett: Yeah, I'd like to make an appeal for the commission members to turn their microphones on. I see Dr. Bailie there trying to strain to hear. You have to be sitting underneath a speaker and having spent far more than my fair share of time out in the audience, I know it would be appreciated. I'm sure the clerk would appreciate it as well. Glick: Marilyn. Kebschull: The as-built that was provided to us just a few minutes ago shows a additional encroachment and because it was not advertised, even if the Commission decides to take care of these two encroachments, I do believe he will have to come for another public hearing and re-advertise encroachment. Osterman: Sorry, but, this is all news to us and your in the middle of a motion and I don't think the staff should be directing you folks as to your business. I ask you to go back to your motions. Glick: that's all. Okay, you amended the motion. Yes. To put a condition on there, PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 19 Bryson: Yes. Glick: condition. Okay. We're going to vote on the amendment to the motion to add a Everybody clear what we're going to vote on. Hammelman' You know, I really hate to say this, but I'm not absolutely clear. There was a motion to grant the encroachment permit as requested. Glick: Right. Then it's amended to add this condition to it. Hammelman' Okay. I thought I missed one. Barrett: And are we speaking to the side setback, this amendment? Glick: The south one. Barrett: The south one? The bluff side... Barrett' ... bluff side... ...is what we're talking about now. Glick: Okay? Barrett: Yeah. Glick: Okay, so if we're all clear, let's vote on it. Freas' Twait? Twait: Yes. Freas: Hammelman? Hammelman: Yes. Freas' Amen? Amen' No. Freas' Barrett? PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 20 Barrett: Yes. Freas' Glick? Glick: Yes. Freas' Bryson? Bryson: Yes. Freas: Five yes, one no. Glick: Okay, passed to add the condition. Now we've split the item, so now we can vote on the main motion for this setback to the south. All right Phil? Bryson: My interpretation is that you split them into separate actions. One we've taken. The westerly property line we have not addressed. Glick: Right, we're addressing the south in this motion that's been amended. Bryson: That's been approved. Glick: voting on? Yes, we approved the amendment. Okay? Are we clear what we're Hammelman: Could you restate the motion that we're voting on? Glick: Okay, we're voting to approve the south encroachment as amended with that condition on it. Hammelman: Very good. I'm with you. Amen: What we just had was on the condition. Glick: We just added a condition on it, that's all. it with that condition on it. So, we're voting to approve Kebschull: Question for clarification. Does that include the issue that there be no other encroachment on that parcel, does that amendment request? Barrett: Wasn't that included in the original motion? Kebschull: ...inaudible... Glick: Yeah, that was in the original, so that should still be there. Okay, PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 21 okay, so we're voting on... Freas: The main amended motion... Glick: The main motion as amended. Fre as: Twait? Twa/t: No. Freas: Hammelman? Hammelman: Yes. Freas; Amen? Amen: No. Freas: Barrett? Barrett: Yes. Freas; Glick? Glick: Yes. Freasl Bryson? Bryson: Yes. Freas: Four yes, two no. Motion passes. Glick: Okay, so the motion passed to grant... Hammelman: The encroachment permit... Glick: ...encroachment... Hammelman: For the bluff side... Glick: ...with that condition. Hammelman: ...with that condition. Amen: And just the bluff side. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 22 Hammelman: Correct. Glick' On south side. Okay, now we need to vote the other motion since we split them, to address the side encroachment on the side next to Lot 2. Okay? Okay, we're voting on to grant... Bryson' Yes, I would like to speak on that. Glick: Okay, Phil? Bryson' Like I again noted that the adjacent property owner has concurred in the petition for granting this encroachment permit. Glick: Okay. will deny it. Okay. So a yes vote will grant the encroachment permit and a no vote Freas: Twait? Twait' Yes. Freas' Hammelman? Hammelman' Yes. Freas' Amen? Amen' Yes. Freas: Barrett? Barrett: Yes. Freas: Glick? Glick: Yes. Freas' Bryson? Bryson' Yes. Glick: Okay, motion passed. So, both encroachments have passed tonight, but that condition was added to the one on the south side. Hammelman' I think we understand that. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 23 Amen: The condition was actually in the paperwork to begin with, not really added. Was that correct? Glick: No. Kebschull: You added the condition that the adjacent property owner...inaudible... Amen: Oh..inaudible...I thought you meant, no additional encroachments. Glick: But it was added. Bryson: I might add, this might also be by court order too rather than you know, whoever has the overriding authority... Glick: It maybe moot then, sir. Okay. Barrett: You may want to notify them of the appeal process. Glick: Well, if anybody wanted to appeal, they have 15 days to appeal to the city but I don't think the owners are going to appeal, so. Barrett: I think we're still required to say that. a-do PZ04-44 -- An application for a Conditional Use Permit for condominiums for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff View Condominium Association, 406 S. Forest Drive, Kenai, Alaska. MOTION: Commissioner Hammelman MOVED to grant the conditional use permit as addressed in PZ04-44. Commissioner Barrett SECONDED the motion. Kebschull noted, after reviewing the complete files, it appeared it may be in the best interest if the Commission would consider to ensure all the outstanding issues included on the last page of the lay down provided at the beginning of the meeting, be remedied prior to the permit being issued and in addition, Commission may want to consider some kind of separation between Lot 2 and the subject property such as a site-obscuring fence. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 24 Verbatim begins' Glick: on this item. Okay, at this time we'll open it the public. Anyone wishing to speak Osterman: Mark Osterman appearing for Mr. Craig. One of the problems we have with this particular case is that we're asked to ~, ask you for a conditional use permit. This is a violation of state law. This is a condominium project which is governed exclusively by state law. AS 34.07.440 states local ordinances, resolutions, or laws relating to zoning shall be construed, and I'm going to get that perfectly clear, it's not may be or should be, it's shall be construed to treat like structures, lots or parcels in a like manner regardless of whether or not the ownership is divided by the sale of apartments under this chapter rather than by the lease of apartments. Now, the difference between a condominium and an apartment building, the apartments are sold. That's what a condominium project is and this condominium project has been approved for over ten years, I'm sorry, over five years, I apologize. The definition of an apartment by state law is it means a part of the property intended for any type of independent use, including one or more rooms or enclosed spaces located on one or more floors or parts or parts of floors in a building, and this comes out of AS 35.07.450 which is the definition section of condominium projects. Now that's not the whole definition. There's a lot more to it. A conditional use permit is required in the sale of townhouses. This is not a townhouse. A townhouse by definition is a structure which has its own separate an distinct front entrance which shares a common floor plan with all other units that are there. If you consider that this is a townhouse and is subject to a conditional use permit, then you're in violation of state law which says no, you have to treat this as if it were an apartment. If you take a look at your own land use table which is Chapter 14.22 and I'll show you here, it says a five or six family dwelling is a permitted use. Not a conditional use. So, what's happened is, is Mr. Craig is ready to sell his condominium units. Staff over here has decided that he should not be able to sell them and they want to interfere with that particular sale until he meets some requirements that they have about this or that or the other. So then they come in requiring a conditional use permit which blocks the sale unless they approve the sale of the condominium as if it were a townhouse and that is encroaching upon Mr. Craig's ability to sell these particular units. The difficulty again, and I'll be happy to circulate this around if you'd like to see it and maybe, you know, take a look at it, but it makes it very clear that the laws, resolutions, and local ordinance relating to zoning shall be construed to treat this as an apartment and therefore cannot be treated as a townhouse and a conditional use permit, we're being forced to apply for it, we don't want it, we're not required to have it, we're asking you to issue a standard permit as required by law. Thank you. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 25 Glick: Okay, anyone else in the public wishing to speak to this? Bailie' Coming here I received a...oh, my name is Charles Bailie, 1503 Toyon Way. I received kind of a printout here explaining some of the difficulties that Mr. Craig has incurred. Some of those, I wasn't aware were occurring and this is the one reason I am here today is the fact that we don't seem to have an ordinance as far as condominiums and I'm kind of bewildered to what I can expect as an adjacent property owner for something like this. So I guess I will say, I would like to have something laid out so I know exactly what I'm looking at as far as my property. The structure that Mr. Craig has built has caused, my house is for sale and two people last year looked at the house and decided not to be interested in my home because of the structure that it didn't fit in architecturally, it didn't fit in color-wise and so forth. So, I have a lot of questions here, you know, what in the hell is going on over there. I mean, is it a condominium, is it an apartment, what is it? Several years ago, I guess in June of 99, Mr. Craig applied for a condominium, one condominium and I said I was against it, but it still went through. Now, all of a sudden he's starting to sell four, so you see I've got a lot of problems here that I just don't understand what's going on and so, I don't know, I'm confused and I hope you can help me out. Thank you. Glick: Okay, thank you. Anyone else in the public wishing to speak. seeing none, we'll bring it back to the commissioners. Discussion. Okay, Twait: I have a question for Mr. Osterman, I believe. Osterman: Yes sir. Twait: As far as I know how condominiums work, there are pretty strict guidelines. You're stating that public offering statements and all this stuff are in compliance as far as these units go? Osterman: Well, the, it's my understanding the entire building was approved for the sale of condominium units. It's not simply a matter of one condominium was approved, but it's somewhat like a subdivision in a condensed form. The, the approval of a condominium requires the approval of some by-laws, regulations, a homeowners' association, dealing with common areas and mowing of grass and all of those things are taken into consideration. The, this matter, I believe was forwarded to this commission many years ago and no comment was made, forwarded to the borough who gave and granted approval and it moved on to the state for finalization. So the issue is that all the apartments in the unit are available for sale and not just for, for lease and by the way, that was approved by staff report of June the 15th, 1999 concerning it and looking and focusing on the statute that I indicated, the set of statutes that govern how it would appear. I'd also indicate the staff report in 1999 indicated there'd be no necessity to change lot lines and...yeah, there was a vote by the way that Bryson was yes; was it Go-kee (Goecke) PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 26 was yes; Newberry was yes; Emrin was yes; Nord abstained; and Glick voted yes to the development of this as a condominium. So, it's been around, it was public hearing PZ99-24, I'm sorry, dash 23 I believe that granted that. So, it's been around. Twait: But in order, you mean your, there's strict guidelines and you, there's compliance to stay continuous... Osterman: Right. Twit' ...in a condominium... Osterman: Correct. Twait: ...and you're stating that is in fact the way it is there. Osterman' It's my understanding that there is no issue of compliance. The difficulty is that the way the condominium act works is that the local zoning and planning board loses any authority over the control of the condominium itself except as I indiCated before, like-kind treatment. If it's an apartment unit in any other apartment building, you could treat it as an apartment building. As I pointed out, that's why the conditional use permit doesn't fly with being a townhouse because it's treated as an apartment building for all purposes under state law. So, as an apartment building, you can ask the questions about is this the kind of in nature and quality of expansion and all the other issues, but that's one of the keen issues that apply here is that you can't go back to prior to the condo act and say, we didn't care for this use then or after you've already approved it. That's, that's why we're here saying that what staff is recommending is essentially recommending that you condemn the condominium unit and give them control over the state and that would be a violation of state law because the state is exercising peremptory right to control condominium units and the sale of condominium units is regulated by the state and should not be regulated by the staff of the City of Kenai. Glick: Okay, thank you. Mr. Bryson. Bryson: We're still in public comment? Glick' We're back to our... Bryson: Okay. Question. The 1999 action was a platting procedure. Is that not correct? Kebschull: That's correct. Bryson: That's correct. Okay, so, we're advisory to the borough. This is not a PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 27 land use issue, this is a platting period. We made recommendations and those, presumably those recommendations were passed onto the borough and they acted on it as a plat, not, not a land-use issue and to me, that's the basic difference between the action taken and what we're doing tonight. Glick: Yes, Marilyn. Kebschull: Yes. Also, it should be noted that the borough recorded the final plat without following the recommendations of this commission. One of those was there be no encroachments and the plat verify there were no encroachments. As you saw tonight, there were two encroachments. The other one being that the unit be verified that it met the one-hour firewall separation and that was not done until this year to be allow the applicant to apply for this permit. Amen: I have a question for staff which relates to the use of this structure and how it's being utilized. Exactly how many units can you squeeze into something this size. I'm not really connecting with what the limit is here. Is there a limit of six? What, what's the deal. Kebschull: By zone, there's a limit of six. Anything additional requires conditional use. Amen: And I'm the conditional use is because of the intended sale now is why the conditional use is being... Kebschull: No, our, our land use table does not show condominium as was stated earlier. However, our city attorney has interpreted our land use table to show that any uses not listed requires conditional use. And we've gone through this with other condominiums in the past and we require conditional use for condominiums. Amen: Thank you. Glick: Mr. Bryson. Bryson: Yes, in reading through the existing ordinance that our city attorney recommends applying to this, the townhouse requirement, it requires a lot size of 2,000 feet minimum per parcel. Given that the proposed activity is less than completely conforms to the definition of the townhouse, is he comfortable with applying a lot requirement, an area requirement for units? Kebschull: Caught me off-guard. We typically would look at that situation, and this is one of those instances when you're looking a use that was constructed prior and now is being converted and the city attorney has made no determination on that. However, that is, the concern is addressed as far as the recommendations from staff for site plan that assures that there's adequate off-street parking, and PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 28 snow removal areas and those types of things. Bryson: So, I guess I would construe this that all property on this lot would be considered common area even though it's not identified on the, the plat itself. Kebschull: Under condominium regulations, as I understand it, the property, the land is jointly owned by the condominium association, each owner owns the individual square footage of their unit and they share ownership by percentage of the parcel. The land. Bryson: Follow-up question. Glick: Yes, go ahead. Bryson: Okay, I'm, the only document I have to look at is the townhouse ordinance because that's the one the city attorney recommended apply and there's a requirement there that, for a certain lot size, but it also distributes common area, presumably equally to the parcels to determine this 2,000 feet. Kebschull' Townhouses are different in that they own the property that they sit on so it is a different, that our code does not specifically address condominium development. So if you look at a townhouse, typically a townhouse will be from ground up and they own the ground underneath them and they usually have ownership of the front yard and rear yard, but they will have zero lot line. Bryson: Okay and interpreting in a broad sense though, lot, say Lot 1 would be treated being common property for the, for all four, for all six parcels then. Kebschull: That's correct. Bryson: Okay, so they would be, that area would add to their strip building area as being available for whatever activities they have. That would include the garages, the storage units and grass. Kebschull: I guess I'm not understanding your question. Bryson: Well, you'd have to look back at the townhouse ordinance to see how they determine this minimum this 2,000 square feet. Glick: More? Bryson: No thanks. Glick: Okay. Anymore discussion? PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 29 Craig: If I could make a · I'd like to make a comment if I could. Glick' One comment. Craig: Kind of a long one though. Cut me off if I get too long. But, real quick, as quick as I can. In 1999 Cliff Baker did that survey and he outlined everything and you know, they came in and they measured inside of every single room and measured the outside of the building. It's a big survey. That's what the state requires. A 53-page document was sent to the state. It was okayed by the state and we weren't told that we needed a building permit. Cliff Baker, I talked to him a couple months ago after we found out that we needed a building permit, he said he was not notified that we needed a building permit. It's not in the code anywhere that we need a building permit, not a building permit but I mean a conditional use permit. Then in 2002, after we gave, we gave the plot and also I had an as-built done April 97 and I had another, had it updated August 98 and the city saw this, they saw the new one Cliff Baker did in 99 for the condos and we were never told that we had any encroachments. It wasn't until 02 that we were told that we had any encroachments. I went for like 20 years, from 82 to 02 before I found out there was an encroachment. Carolyn sent me over to the city hall or to the borough building to get all the information to prove that I had filed the documents, the 53-page document she sent me over there to get it, but when I got over there, Mary Toll said they had nothing to do with it so I had it put it in writing on 8/31/04 that says condominiums are handled under state statutes. The borough does not get involved in these conversion and she's the head of the planning department over there. I guess she's the head of the planning department, she a applying officer. So, I'm really at a loss. Oh, the other thing I wanted to say was real quick is that in 99 after we did all the paperwork, went through Cliff Baker, took it to you guys, I sold a unit. So, five years ago we had, had a unit sold and it is deeded to another party already and now five years later, when I want to sell another unit, I'm told I need a conditional use permit and according to my attorney, he doesn't think I have to have one, but we're trying to jump through the hoops so I can get these two properties sold and it just puts me in an awkward position to find out five years after the fact that I needed, my son-in-law Cliff Chappel, converted two condos and he was told ahead of time when he came before you folks to get it approved, the whole thing was approved at one time. Cliff Baker did this for us cause he, according to him, no one knew what to do, didn't understand it that well because it was pretty new situation converting apartments to condos and he wasn't told and when I went back to him a couple of months ago, he thought it should be treated as a five-unit family dwelling, not a condo, not a townhouse . But anyway, it's just really frustrating that I, my wife and I thought we did everything we needed to do back in 99 and five years later we find out that we didn't, that we had to have a conditional permit and it's no PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 30 where in writing and nobody told us until now that we had to have this. Glick: Okay... Osterman: If I could very quickly, the definitions in 14.23.20 of this of the code here, define townhouse and a dwelling unit and they are completely different definitions. A townhouse is a single-family dwelling unit constructed in the series of a group of two with units separated by adjoining unit walls. A dwelling is a place of dwelling with a kitchen. This place is certainly a dwelling unit, by multiple dwelling units, it is an apartment building, it is not townhouses despite what staff may inform you. Thank you. I'd ask you to stay to your definitions in your code. Thank you. Glick: Okay. Do we have any more discussion. What's . You have something Phil? Bryson: I did. Our staff recommendations attached to the motion? Glick: It's my understanding when we passed the motion, the recommendations are included. Marilyn? Kebschull: For clarification, if the additional information that I presented tonight would also be as part of the motion. Hammelman: That was not the intent of the motion. Bryson: I would like, just to be conclusive in this, I'd like to move that staff recommendations, written staff recommendations and oral staff recommendations provided tonight be incorporated in the motion and request that staff restate those. Glick: Okay. Amen: Phil, does that include the lay downs we have too then, the information, or is that automatically with the minutes. Glick: Well... Hammelman: That's what staffs going to recommend right now. Bryson: That's just a timeline... Glick: Okay, did you make this as an amendment Phil, or... Bryson: It is an amendment, yes. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 31 Glick: Okay, do I have a second on the amendment? Amen: I'll second that. Hammelman: Discussion on the motion? Marilyn did comment earlier that she said that the commission might want to consider adding these unresolved issues as conditions to the amendment. So I would take what your amendment is to include that. Bryson: Yes and I've asked Marilyn to, Marilyn to restate those please. Glick: Okay, so... Kebschull: In addition to those documented in the information in your packet, number one was prove that they've met the state statute which we do have on file. Number two is the site plan showing the off-street parking, meet parking requirements; the dumpster location on the applicant's property and snow storage area be identified and be contained on the applicant's property; and an updated as- built survey so we can verify there no additional encroachments. The lay down tonight on the last page, we need to determine what we need to do to clear up the issue that no building permit that was ever issued for Unit 5; building permit B3938 is outstanding and has not been constructed as the permit was issued with an interior staircase; there has been no Certificate of Occupancy for that building permit so occupancy should not be permitted and then the other two issues are those you're dealing with tonight, the rear and side-yard encroachment which have already been dealt with and the condominium request that you're dealing with now. Glick: Okay. Osterman: Can I be heard? Hammelman: I have a comment first please. On, there's one other issue that Marilyn mentioned earlier and that was the consideration for a, for side-obscuring fences or sight-obscuring fences. You mentioned it, so I don't know if you want. to include that or... Kebschull: Well, there was a discussion with Dr. Bailie and concern about separation of his property and as often the case in situations where you have conditional use permits that for esthetic purposes that there is separation and fencing is one method of how that's handled so I wanted the commission to consider that. Hammelman: consideration. Okay, so that would, wouldn't be a part of, that'd be a separate Thank you. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 32 Glick: Okay. Osterman' I intend to be very brief. The lay down here is, in my opinion, a means of attacking us without notice and without knowledge. We're here for an opportunity to be heard and to provide information. This was prepared as a punitive measure to ask you to punish DeWayne Craig and not to let him use his approved condominium units by slapping on a conditional use permit. If you think about it, you're going to back up five years of state approval and not permit him any of the use of his property because you've said he may not be in compliance, but you don't know whether he is or not. A great many of the items on this list we can test. There are a lot of things on here that are not accurate and yet you've been handed it and you're going to use it against DeWayne Craig as part of your decision tonight and that is kind of like jumping out of the bushes at somebody and grabbing them without notice an opportunity to be heard which are two main keys of due process. So the due process, the least you could do is to table this issue to give us an opportunity to respond to staffs attacks out of the dark with regard to this particular issue. The other thing is to say you have a conditional, you're asked to approve a conditional use permit on a building you don't have authority to issue a conditional use permit on. By your own definitions and your own ordinances, you can't issue a conditional use permit to an apartment dwelling. Just letting you know that, I think, is where the situation lies. Thank you. Glick: Okay. Anymore comments from commissioners? Okay, let's vote on the amendment which was to add the items in. Amen: I'm sorry. Clarification on that amendment, the amendment that was stated does not include a sight-obscuring fence or whatever. Glick: No. Amen: That's not in this one? Glick: No. Amen: Okay. Glick: Okay. Okay, we're voting on the amendment. Freas: Twait? Twait: Yes Freas: Hammelman? Hammelman: Yes. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 33 Freas: Amen? Amen: Yes. Freas: Barrett? Barrett: Yes. Freas' Glick? Glick: Yes. Freas' Bryson? Bryson' Yes. Glick: amended? Okay. Anymore comments before we vote on the main motion as Barrett: Sir? When is it appropriate to discuss perhaps tabling this. Would that be now? Glick' If you want it tabled. Hammelman: I'm not sure we understand what that means. Barrett: Oh, to continue it to the next meeting. Glick: You have to table to a time certain then if that's what you want to do. Bryson' Postpone action... Glick: And that's what you're saying, you want to table it to the next meeting. Barrett: I'd like to discuss it. Bryson' Since there's been no tabling motion, I'd like to discuss. Glick: Okay, we'll discuss it for... Bryson: I have a concern that the proposed conditional use does impact the neighborhood and it may or may not affect it much differently than an apartment complex, but it affects it and at this point, that's my concern. That's one of the criteria that are addressed in approving a conditional use permit. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 34 Barrett: Mr. Chairman? Glick: Okay, if you want to table, there's no discussion on a tabling motion. Barrett: Okay, I did want to ask about Commissioner Bryson's comment. Glick: Okay. Barrett: How does, if this conditional use permit were approved, how would it affect it differently than it's, the neighborhood is affected now? So I'm clear, I'm clear on that. Bryson: It may not be different, but we've had testimony that it has affected the adjacent property and we have, or I have received comments from property owners along the street that they are concerned about the heavy development in that area. In the past, we've addressed the area that was involved that's been developed on that lot and it was approaching the, I might be slightly out of context, but approaching the upper limit of allowable area for development and I would defer to staff on that. Glick' Okay, anymore Jay? Barrett: I move to table the motion until the next meeting. Glick: Okay. Bryson' Second. Glick: to table. There's no discussion on a tabling motion, so we'll vote on the motion Freas' Twait? Twait: Yes. Freas' Hammelman? Hammelman: Yes. Freas; Amen? Amen: Yes. Freas' Barrett? PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 35 Barrett: Yes. Freas: Glick? Glick: Yes. Freas' Bryson? Bryson' Yes. Glick: Motion passed. meeting of this month. Tabled till our next meeting, that would be our second Barrett: That would be the 27th. End of verbatim. ITEM 6' OLD BUSINESS-- None. ITEM 7: NEW BUSINESS PZ04-45 -- An application for a Home Occupation Permit for a daycare for the property known as Lot 32, Block 1 Redoubt Terrace Subdivision (1614 Tanaga Avenue), Kenai, Alaska. Application submitted by Kathryn Medcoff, 1614 Tanaga Avenue, Kenai, Alaska. Introduced by consent agenda. Review/Recommendation -- Structure Improvements, Lot 6A, Block 1 Gusty Subdivision No. 4, 11616 Kenai Spur Highway/445 Coral Street, Leased by Pingo Properties, Inc. and Geoffrey M. Graves. Review/ Recommendation MOTION: Commissioner Hammelman MOVED to approve and Commissioner Barrett SECONDED the motion. Kebschull reported the improvements meet all zoning and all building codes. issue is based on a lease requirement. The VOTE: PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 36 Twa_it Yes Hammelman Yes Amen Yes Barrett Yes Bryson Yes Eldridge Glick Absent Yes MOTION PASSED UNANIMOUSLY. ITEM 8: PENDING ITEMS-- None. ITEM 9: CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council -- Ross noted the council meeting action agenda was provided at the beginning of the meeting. 10-b. Borough Planning -- Bryson reviewed the actions taken at the 9/27/04 Plat Committee and Planning Commission meetings. The agendas for both meetings were included in the packet. 10-c. Administration -- Kebschull reported the following: · Reports of building permits issued to date and zoning permits were included in the packet. · A vacation will be coming forward after approval by the KPB Planning Commission. · In reviewing the December calendar, it was noted there may be a staff shortage for the December 22 regular meeting. Kebschull noted, at this time there were no items scheduled for that meeting and asked if the Commission would like to request the meeting be canceled. Commissioner Bryson requested the meeting be canceled and there were no objections from the Commission. The request will be processed. Noted the city's daycare licensing requirements do not match with the States relating to the number of children allowed to be cared for at a time. Kebschull stated she would prepare a report comparing the state and city requirements as the Commission may want to consider amending the code to match the requirements. Relating to condominiums, Kebschull noted the city attorney had interpreted the city code to mean, if the land use is not included in the table, it would require a conditional use permit. She added, the Commission may want to consider amending the code to include a definition for condominium and determine whether it should require a conditional use. The four-page chronological information document was assembled as a result of the Landua request. The information was gleaned from the building permit and zoning files. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 37 Springer noted, he took exception to the use of the word "attack" by Osterman. He added, it was not an "attack" on Mr. Craig, but a document stating the contacts made with Craig over the years. Hammelman noted the discussion had been tabled and asked what might be different when it is brought forward at the next meeting. Kebschull noted, she believed it was to allow Osterman to have additional time to review the document. Bryson noted, the petitioner requested it. · The as-built provided in the Craig discussion indicated an additional encroachment and she would be requesting the city attorney review the issue and to discuss whether it will require an additional application. ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. 12-c. 12-d. 12-e. Zoning Bulletin (9/10/04) November 24th Meeting Cancellation Memo KPB Comprehensive Plan Update Letter dated 9/29/04 Ordinance No. 2071-2004 - finding that certain City-owned land, identified as Lots 1 & 2, Block 6 Mommsens S/D Replat of Additions 1 & 2, located at 2402 & 2406 California Avenue in Kenai are required for Public Purpose. Building Permits Quarterly Report ITEM 13: COMMISSION COMMENTS/~/}UESTIONS Glick questioned the cars parked at Thompson Park and Kebschull noted she would check into the matter. Hammelman thanked Bryson for his clarifications on the setback issue and Glick's managing the discussions. Amend noted the following: Asked if a mobile home is removed from a mobile home park, if it can be replaced. Kebschull noted, the park may replace the mobile home as long as the park continues to operate. She added, there were code specifications. Noted the Commission had handled an interesting situation on Toyon and Forest. He felt the Commission did a good job in reviewing the information, listening to concerns, and spliltting the issues. He suggested, prior to the next Commission meeting, members drive by the area and noted his concerns with the use of the property, street parking issues, etc. ITEM 14: ADJOURNMENT PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 38 MOTION: Commissioner Bryson MOVED to adjourn and Commissioner Barrett SECONDED the motion. There were no objections. SO ORDERED. The meeting adjourned at approximately 9:10 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk *NOTE: Due to the length of the regular meeting, the scheduled work session was postponed until after the October 27, 2004 meeting. PLANNING & ZONING COMMISSION MEETING OCTOBER 13, 2004 PAGE 39 STAFF REPORT To' Date: Planning & Zoning Commission 10/19/04 Res: PZO4-43(a) GENERAL INFORMATION Applicant' F. DeWayne & Diane E. Craig P.O. Box 1613 Kenai, AK 99611 283-7842 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ADDENDUM: Encroachment Permit - Side Setback Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS- Suburban Residential Residential Neighborhood Residential The Commission held a public hearing on a request for side and rear setback encroachments for this parcel. (See attached.) At that hearing, the Commission voted to separate the requests and voted to approve the side encroachment with the stipulation that the adjoining property owner concur with the encroachment and that an updated as-built be submitted to insure there were no further encroachments. After the Commission's meeting, the City Attorney determined that an adjoining property owner couldn't be asked to make a legally binding decision on a neighboring property. Mr. Bryson requested that this item be placed on the agenda for reconsideration. RECOMMENDATIONS If the Commission reconsiders this item, recommend approval conditions as suggested on October 1 3th, Those conditions are' with the 0443(a) Comment.doc Page 2 ! ! That an updated as-built be submitted to insure there are no additional encroachments resulting from the new construction. That the permit may not be issued until the as-built is submitted. It should be noted that an updated as-built submitted on October 1 3th, shows an additional encroachment into the setback along Toyon Way. A copy of that as-built is attached. ATTACHMENTS: 1. Resolution No. PZ04-43 (a) 2. Application 3. As-built _RECEIVED o Lot 1 oclc 8 406 Forest Dr. Sou th she~ 8.2'x4.5' 33.7' ~Unit 6 three-story garage Note: This is o recertification of As-Built Survey d(]ted 22 August, 1998 for Lot 1 Block 6 Redoubt Terrace Subd. Addn. #5. This recertification is for the addition of the garage + 2 stories with access off Toyon Way. AS' BUILT IIIIII I I I I IIIIII I I I I II LEGEND 2" Centerline Monument (found) Vent Pipe three-story Units 1- 5 ".'i...'-?-. . "~ X · -:'..:,-' :;...'~.. ~:....: .... ~ "'..'-',.(, .2 :- .. :.'. . ~'.'~ .:;'...-..".. "~ '. ' ,-! ':i: i;."'i ":i"i~: :i';.i':.".:'-;.';":"i..'::";.'..."f-: ;~.......... i)~.. 1 /.... :i :i' i ::' i;'::.:; ?.:";-:";:: ;.!;:? :i! /k.': ..'.':~: ]'.:'-'i "..;' :. i' ;.'.:...":.::-' ;ir6nt.;." :'. ~'~: ,i"' .;'-"":-.'-"~". !. 7".;-. ':'.'7 .'.~i po.war '.. "..."'-, :..i"ld'Wn:.-; ~:".-~ '. "?-' ".i: ...:.'. :':. ".L., pole -'.";.' :.." '). 'i .' ':". '.:".-'." i: ;:. :i; :.::~ .' .... I Date: 12 October, 2004 I F.B. #: 2004-5, Pg. 48-9 Scale: 1 = 30' I Plot: 99-59 I KENAI RECORDING DISTRICT Drawn: CB.._lw'o" #: 24159 , IDisk: Redoubt Terrace 8195 Kenai Spur Hwy Kenai, Alaska 99611-8902 SURVEYORS PHONE - (9O7) 283-9047 PLANNERS ~., FAX --- (907) 283-9071 -.% CERTIFICATION As-Built Certificate I hereby certify that the improvements hereon exist as shown on the following described property: Redoubt Terrace Subdivision · Bluff View Condominiums and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the existence of (]ny easements, covenants, or restrictions which do not appear on the recorded subdivision plot. Under no circumstances should (]ny data hereon be used for construction or for establishing boundary or fence lines. STAFF REPORT To: Planning & Zoning Commission Date: 9/29/04 Res: PZ04-43 GENERAL INFORMATION Applicant' F. DeWayne & Diane E. Craig P.O. Box 1613 Kenai, AK 99611 283-7842 Requested Action: Legal Description: Street Address: KPB Parcel No,: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit - Side and Rear Setbacks Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS - Suburban Residential Residential Neighborhood Residential 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' · = An encroachment as defined in KMC 1 4.20.1 85 (a) exists. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 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 located. The encroachment is not located across a platted lot line. 0443 Comment.doc Page 2 The structure identified as Units 1-5 on the attached drawing was constructed in 1982. At that time, no as-built was required. During permitting reviews in past years, it was discovered that the structure encroached into the rear and side setbacks. There is an approximately 2.2- foot encroachment into the twenty-foot rear setback and a 9.9-foot encroachment into the fifteen-foot side setback. Applicant would like to take care of these encroachments. The applicants have submitted information for the Commission to take into consideration when reviewing their application. They state that the building inspector in 1982 gave them permission to construct the building five feet from the property line. The original building permit issued July 7, 1982 clearly states the setbacks as: Front yard - 25, Side yard - 15, and Rear yard - 20. A copy of that permit is attached. They also provided additional information about other permits and inspections received on this parcel. The building permits noted in 1997 and 2000 and the variance in 2002 did not apply to this structure. Those permits were for the structure noted as garage on the attached as-built. Because there were two separate structures on the parcel, the encroachment currently being considered was not taken into consideration for the permits on the "garage." As noted in the Craig's' letter, they were notified in 2002 that they had an encroachment on this structure. The structure has been in this location for over twenty years. The encroachments meet the criteria for granting the permit as listed in KMC 14.20.1 85. However, KMC 14.20.185(c)(1 )(B) requires that plans show all existing buildings. There is an addition, not shown on the attached drawing, on the Toyon Way side of the structure noted as garage. City Engineer: Nothing additional. Buildinq Official: The building permit issued in 1997 was for a 600 square foot garage addition and no as-built was provided at that time. A final inspection was performed in 2000 on the building permit issued in 1 997 and no as-built was provided at that time. In 2002, an as-built was provided by the applicant when applying for an encroachment permit. The encroachment permit was needed to convert the garage built in 1 997 to living quarters. 0443 Comment.doc Page 3 RECOMMENDATIONS Recommend approval with the following requirements: 1. That an updated as-built be submitted to insure there are no additional encroachments resulting from the new construction. 2. That the permit may not be issued until the as-built is submitted. ATTACHMENTS: 1. Resolution No. PZ04-43 2. Application 3. As-built CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-43 (a) ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: F. DeWayne & Diane E. Craig USE 9.9 Foot Side Yard Encroachment LOCATED: 406 South Forest Drive (Lot 1, Block 6, Redoubt Terrace Addn. No. 3) (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04714024 WHEREAS, the Commission finds: o , , o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: September 22, 2004 This request is on land zoned: RS - Suburban Residential That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. c. 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. d. The encroachment is not located across a platted lot line That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: October 13, 2004 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 ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT AFTER MEETING THE FOLLOWING REQUIREMENTS: (See Page 2.) PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 13~ 2004. CHAIRPERSON: ATTEST: 0443 a Res.doc Page 2 The permit may not be issued until the following conditions are met: 1. That an updated asbuilt be submitted and administration verifies there are no additional encroachments resulting from the new construction. 2. That the permit may not be issued until the asbuilt is submitted. 3. That adjoining property owner must concur with issuance of permit. APPLICATION FOR ENCROACHMENT P STREET ADDRESS MAILING ADDRESS LEGAL DESCRIPTION PARCEL NUMBER ZONING DISTRICT (Circle 1) PHONE Ko'-/- I ~31c,,-=t< 6 C CC CG RR RR-1 'RR-2~RS-1 RS-2 RU R IL' IH Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE-READ AND UNDERSTAND THESE CONDITIONS. 1. ~ An encroachment means any object or structure above or below ground and' -'~%- constructed or located in a manner other than set forth in the Development Requirements Table. Provide a site plan of the property including location of all existing buildings, fights-of-way or easements, setbacks, elevations, and any data pertinent to the application. A Public Notification and Hearing 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 COMMENTS' Application for Encroachment Permit Comments: In 1982, Howard Hackney, City Building Inspector gave permission for the new construction of the multi-family building to be five feet from the south property line, which borders bluff property zoned Conservation. On 8/25/1997 we submitted an As-Built Survey and received a building permit. In' 1998 for the purpose of converting to condominium units, we obtained an As- Built survey, and it was approved by Planning & Zoning in June 1999. After filing with the State, each unit was assigned a neW tax parcel number. We sold a unit in 1999. On 11/08/2000 we submitted an updated As-Built and obtained a Final Inspection stating no non-compliance observed. On May 22, 2002 we applied for a variance for a 4 foot encroachment on the two- story addition and it was approved by P & Z on June 12, 2002. At none of the above mentioned times were we notified of encroachments. It was not until July 2002 when we applied for a building permit for an addition that the City advised us of the subject encroachments. F. DeWayne & Diane E. Craig NOTES: 1) W~S~WA~ .DISPOSA. J.: Plans for wastewoter disposal, that meet regulatory requirements ore on file at the Alaska Department of Environmental Conservation. 2) The legal description and the proDerty line beorlncjs and distances depicted hereon ore in accordance with Lot 1 Block 6 Redoubt Terrace Subdivision Addition No. 3. Plat No. 76-96 Kenai Recording District. 3) All building tie lines from the building to the lot lines intersect the property line at right angles and are measured to the exterior face of the building wall. 4) All elevations are based on assumed datum. 5) The meaning of the word 'UNIT" as used in these plans is the ~me as set forth in the declarations. 6) The meaning of 'Common Elements' or Common Area' as used in these plans is identical to that set forth in the declarations. 7) The meaning of 'Limited Common Elements' as used in these plans is identical to that set forth in the declarations. 8) Unit boundaries os shown on these plans are the same as set forth in the declarations. LEGEND. 2' Brass Cap Centerl~e Monument (found) Vent Pipe £ ] Record Datum - Redoubt Teeroce Subdivision Addition #:5 - Plot # 76-96 Commo~ Area Limited Common Aree CERTIIrlCATE OF., COMPLETION In accordance with Secti~ 34.08.090 (b) I hereby eertlfy that the structural components and mechanical systems of each building containing or comprising a unit of the condo- minium are completed substantially in accordance with the Dlons. EGISTF~E? LAND SU'RVE'YOff NOTARY PUBLIC FOR ALASKA MY COMMISSION £XPIRES~/~3/.2ea NOTARY'S ACKNOWLEDGMENT SUBSCRIBED AND SWORN BEIrORE: ME THIS ~ DAY Or ............ / / / / (/ f ;/ . .'~. uc4, v 1 ~ote: Lot S~d Byl City Water ~ Sewer Lot 1 Block 6 ! 2'.~.3' o Un~,ts f- 5 _S_U R VEYOR'S CERTIFICATF I hereby certify that: I am properly registered and licensed ,to practice land ~urveying in the State of Alaska, this plat represents a survey made by me or under my direct supervision, the monuments shown hereon actually exist as described, and oil dimensions and other details ore correct to the normal standards of practice of land surveyors in the State of Alaska. Date Z_4~ JuLy ~? · Note: Lot S City Woter ac Sewer Lof Block 33.7' o~ Unit 6 Units l- 5 i e poIIr po4e /'~PPLICATION ~'AND PERMIT BUILDING INSPECTION DEPARTMENT B 1824 BOX Se0 CITY OF KENAI PHONE 283- 7535 i.i OWNER ~ x ~ ~ ~~ CI~ ~ZONE~ LICENSE NO. __ADDRES LSI?'''A-T-E - - PLUMBING ELECTRICAL APPROVALS SIGNATURE DATE APPROvALs LDING GROUND WORI( SIGNAJURE DATE ROUGH. IN ROUGH. IN APPROVALS SIGNA JURE DA JE LOCAJlON iEWER LINE E N IRA NCE METERS EINAL ,PE o~: S!~ucTu~E: SE OF STRUCTURE: )T AREA: HEIGHT: FINAL WlDJH. LENGTH: 'aNT-YARD lNG: SIDE.YARD ./ REAR-YAI~D LUE OF CONSTRUCTION: IMUS! INCLUDE ALL LABORI ~, TER: O PRIVA JE CITY ;TANCE FROM WELL TO SEWAGE DISPOSAL: · SEPTIC /A/WI(: O TURAL GAS YES O NO · ELECJRICAL SERVICE AMPERAGE ®"onerale. inl save horn,ih such claims or actions, based upon or arising au! of do · I~ermit is issued, or by conditions create f ...-,.-.. _ _ mare or ,nfur,es /includ,n _ AiosJu:l from and d h .... v. aha among other thinns .~ ._? deaf.h! Io Imermns or Drooew =s .... -questea 0y the C.v of Ken~,. JlON INTERIOR EXTERIOR CONCRETE BLOCK GARAGE FIREPLACE FINAL AMOI any oncl all claims or OCllOns and ali expenses incidental lo or Iustaillec~ in ' wffhout with the Derlormance of the work for w tnd defense any such -'- h~ DF ISSUE ~,a,ms or achons. Marilyn Kebschull From: Sent: To: Subject: Glenda & John Landua [landuaC__.ptialaska.net] 12 October, 2004 8:49 PM Marilyn Kebschull PZ04-43, PZ04-44 TO' Planning and Zoning Commissioners, City of Kenai FROM: John Landua Glenda Landua 1520 Toyon Way Kenai, AK 99611-7925 907. 283. 6851 DATE: October 12, 2004 RE' PZ04-43, Application for an Encroachment Permit for rear and side setback encroachments for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane 7.. Craig, 406 S. Forest Drive, Kenai, Alaska PZ04-44, Application for a Conditional Use Permit for condominiums for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff View Condominium Association, 406 S. Forest Drive, Kenai, Alaska. Dear Commissioners: These are the second and third requests to permit non-compliance that we are aware of for this property. Structures and appurtenances on this parcel appear to encroach already into several setbacks, and may be in a state of non-conformance in other respects. Before deciding whether or not to grant Encroachment Permit PZ04-43 or Conditional Use Permit PZ04-44, I respectfully request that Staff report on and the Commissioners consider- 1. Ail historical Notices of Violation regarding non-conforming conditions for this parcel; 2. Ail historical applications for permit of non-conforming conditions for this parcel; 3. Whether or not the non-conforming conditions existed before the Application for Permit was submitted (whether any permits were granted after-the-fact); 4. Comments from the Building Official regarding compliance by the owners with building plans submitted and permitted. If the record indicates historical problems with compliance and non-conformance, please reject the Application for Encroachment Permit PZ04-43 and the Application for Conditional Use Permit PZ04-44. October 13, 2004 The following provides a chronological history of permitting for building and zoning issues for the property located at 406 South Forest Drive' DATE July 7, 1982 July 18, 1990 September 11, 1996 July 23, 1997 August 25, 1997 September 3, 1997 June 30, 1998 June 23, 1999 CITY OF KENAI PERMIT INFORMATION -406 S. FOREST DRIVE Building permit B-1824 was issued for a 4-plex with a detached 24X50 garage. Setbacks were noted as 25' front, 15' side and 20' rear. Inspections were performed 6-15-82 through 2-1-83. CO #0242 was issued on 2-1-83 for a 4-plex. Building permit B-2823 was issued for a glass solarium. Howard Hackney performed an inspection on 1-3-91. PZ96-59- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for Daily Rentals. The Commission denied the request. No appeal was filed. PZ97-34- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for a Bed and Breakfast. The permit was approved. Building permit B-3440 was issued for a 600 sq. ft. garage addition. Minimal plans were provided. An as built was provided in which an encroachment was noted on the existing 4-plex. Since the permit was requested for a garage addition to the separate garage building and it did not increase the non-conformity of the existing 4-plex it was issued without requiring an encroachment permit. Inspections were performed 9-3-97 through 11-8-00. An inspection was performed on the underground plumbing for a bathroom not indicated on the submitted plans. At that time Mr. Craig did not indicate the use of this structure to have changed and a bathroom is allowed by code in a garage. (B-3440) During a framing inspection it was discovered the garage addition had a second floor and Mr. Craig indicated it would be used as a bedroom. He was then informed of the building code requirements for installation of a bedroom. (B-3440) PZ99-25 - Redoubt Terrace Subdivision Bluff View Condominium Preliminary Plat reviewed and approved by Planning & Zoning Commission with recommendations that prior to plat being recorded that the plat verify no encroachments existed and that the building was constructed to required building codes for use. July 23, 1999 September 13, 1999 November 8, 2000 May 23, 2002 June 12, 2002 July 10, 2002 July 12, 2002 July 16, 2002 July 19, 2002 Redoubt Terrace Subdivision Bluff View Condominiums recorded without meeting recommendations of City of Kenai. During a final inspection it' was discovered that Mr. Craig was living in the upper floor and a portion of the garage area but indicated the garage would still be used as a garage. Corrections were required for compliance with building codes. (B-3440) A final re-inspection was performed on permit B-3440. Previous corrections had been completed. No as built was provided and no CO was issued. Mr. Craig applies for a building permit to build a garage/storage addition to be attached to the previous garage built under permit B-3440. PZ02-32 - The Planning and Zoning Commission held a public hearing on an application for an Encroachment Permit for a 4.8-foot front setback encroachment resulting from the conversion of the garage to living space. The permit was approved. (Building Permit B-3440.). PZ02-39 - The Planning and Zoning Commission held a public hearing on an application for a Variance for lot coverage and front setbacks. The Commission denied the request. Mr. Craig appealed decision to the Board of Adjustment. Mr. Craig was notified by mail of a need to get a permit for the conversion of the garage built under B-3440 to living space. At this time he was first notified of the encroachments to the existing 4-plex built under permit B-1824. In this same letter Mr. Craig was notified of denial of a building permit for a proposed addition to the structure built under permit B-3440 because of too high of a lot coverage. Mr. Craig was notified of requirements necessary to obtain approval of a revised plan to the one he submitted on May 23, 2002 for a building Permit for a proposed addition to the structure built under permit B-3440. Mr. Craig did not agree to these requirements; therefore, no permit was issued and he submitted a different plan. Building permit B-3902 was issued for the conversion of the garage built under permit B-3440 to a residential use. The garage met the setback requirements but since the building was converted to residential use an encroachment now existed. The Planning & Zoning Commission granted Mr. Craig an encroachment permit for this. (PZ02-32) 406 S. Forest Drive Page 2 July 24, 2002 July 26, 2002 August 21, 2002 September 9, 2002 September 19, 2002 September 19, 2002 September 20, 2002 June 16, 2003 June 17, 2003 December 17, 2003 December 30, 2003 Mr. Craig resubmitted plans for an addition to the building built under B-3440. After review of the revised plans, Mr. Craig was notified of denial of building permit for an addition to the building built under B-3440 due to several building and zoning code issues. Board of Adjustment held the appeal hearing on PZ02-39. Mr. Craig submitted a revised plan for an addition to the building built under permit B-3440. Building permit B-3938 was issued for an 816 sq. ft. residential and 408 sq. ft. garage addition to the building built under permit B-3440. Two floors of residential use over the garage were indicated in this permit. This permit was issued with a plan review letter stating the requirements for approval. Mr. Craig initialed the bottom of the letter acknowledging that he read and agreed to these requirements. Inspections were performed 10-1-02 through 8-4-03. The Board of Adjustment issued their decision on the appeal of PZ02-39 and upheld the Planning & Zoning Commission's denial. Mr. Craig was notified by mail that the setback requirements had been left off the permit B-3938 that was issued on 9-19-02 and was then clearly stated what those requirements were in that letter. During an electrical/plumbing inspection it was noted that no access to the third floor was present. Mr. Craig now indicated access would be through a solarium and stairway from the existing building. Mr. Craig was notified by mail of additional correction requirements for the electrical and plumbing inspection dated 6-16-03. The letter also stated that access was not provided to the third floor as required by the plan review letter for issuance of permit B-3938 dated 9-19-02 and accepted. Since Mr. Craig now indicated access would be through a solarium and stairway from the existing building, he was notified that an additional building permit would be required to construCt this. Diane Craig sent letter-requesting copy of building code that states access to 2nd and 3rd floor from inside unit. Responded to Ms. Craig's letter of 12-17-03 and again notified them of the requirements of the plan review letter for issuance of permit B-3938. 406 S. Forest Drive Page 3 August 26, 2004 August 30, 2004 September 1, 2004 September 22, 2004 October 5, 2004 Letter to Diane Craig explaining the zoning for the parcel and that the structure is considered multi-family. Explained that a condominium would require a Conditional Use Permit and that an Encroachment Permit would be required for the rear and side setback encroachments. Meeting with DeWayne Craig, Building Official, and City Planner. Reviewed the zoning code requirements for setbacks and condominiums and provided applications for both permits. Letter received from Attorney Mark Osterman representing the Craigs and questioning the City's definition for dwelling. Mr. Osterman believed that requiring an interior staircase (Building Permit B-3938) was made without basis and requested the City reconsider the requirement. Applications received for an Encroachment Permit and a Conditional Use Permit from the Craigs. Letter from City Attorney Cary Graves in response to Mr. Osterman's letter advising that the conditions of Building Permit B-3938 would not be changed. As of October 13, 2004, the following issues are unresolved with this parcel' · According to the City's records, no permit was ever issued for Unit 5. · Building permit B3938 is outstanding and the unit has not been constructed with the interior staircase as was required in the permit review. · No CO for structure built under Building Permit B-3938 has been issued; therefore, occupancy is not permitted. · The rear and side-yard encroachments. (PZ04-43) · The condominium request. (PZ04-44) 406 S. Forest Drive Page 4 hoice Oc~obe~ 21, 2004 4D Professional Building, Suite 201 35477 Kenai Spur Highway 5oldotna, Alaska 99669 (907) 762-3958 email: choice~olosko.net Morilyn Kebschull, City Planner City of Kenai Kenai, AK 99611 Subject: Structure at the corner of Forest Drive & Toyon Way- De Wayne and Diane Craig Dear Mrs. Kebschull: Choice Realty listed the property next to this structure last year and we have not been able to sell it, primarily because buyers do not want to live next door to this very unsightly addition to the Bluff View Condominiums. A copy of the ML5 listing is attached showing the listing date of October 28, 2003. Choice has provided full color advertising for an entire year and our client, Dr. Bailie, has been very patient and supportive of our marketing efforts. At this point he may have to take less for his property as a result of the Craig addition. The addition appears to be in violation of the setback. Was a permit issued and inspections completed by the City? ~ hope that there is something that the City can do to change this situation. Please let me know if there is any additional information that we con provide that will be of assistance. Thank you for your help. Associate Broker Accounting Real Estate Sales Property Management rarce~ LOOKUp t'age I ox I Kenai Peninsula Borough Parcel Lookup · Parcel Number: 04714024 Owner: CRAIG FORREST DEWAYNE & DIANE E PO BOX 1613 KENAI, AK 99611-1613 Tca- 3© Property Type- ~ Number of Structures - 0 Exempt Amount - $0 Ownership Code - Acres - 0.38 Land Value - $100 Usage Code - YA Voter District - K. ~ Structure Value - $0 Legal Description KN0760096 T05N R11W S06 REDOUBT TERRACE SUB ADDN 3 LOT I BLOCK 6 This Parcel has no structures Return to Search Screen Assessing. Home http://www, borough.kenai, ak. us/as se s singdept~arcel_QUERY/ps earch, asp 10/21/04 .t'arcel LOOKUp rage Kenai PeninsUla Borough Parcel Lookup Parcel Number: 04714023 Owner: BAILIE CHARLES A PO BOX 661 KENAI, AK 99611-0661 Tca '¥~ Property Type- i~: Number of Structures - 1 Exempt Amount - $298100 Ownership Code -O0 Acres - 0.32 Land Value - $57500 , Usage Code - ~;: :,-.~ Voter District- K I Structure Value - $240600 Legal Description KN0760096 T05N R11W S06 REDOUBT TERRACE SUB ADDN 3 LOT 2 BLOCK 6 IStructure NumberllYear BuiltllSquare Feetll I ~ I! 1~8~ !! 3036 Ii Return to Search Screen .Assessing Home http ://www. borough.kenai, ak. us/assessingdept~arcel_QUERY/psearch.asp 10/21/04 -- ~] r- c] _ z_ _, _ ~ Z · / · o · · OC~Q o 2: ..... I,-,I ....... ~';~: FOREST fJ1 MLS Number: 3312534 Address: 1503 Toyon Way Closest ToWn· Kenai Bedrooms: 4 Baths' Approximate square feet: 3.00 4140 CHOICE REALTY Karen Carson, .Associate Broker 35477 Kenai Spur Highway, Suite 201-2 Soldotna, AK 99669 907-262-3958 FAX: 907-262-6883 emaii: kcnet(~att, net List Price: $419,000 ApProximate Acres' 0.32 Garage Approx. Sq Ft: 528 Committed to excellence in the purchase and sale of Kenai Peninsula properties. October 21, 2004 RESIDENTIAL AGENT COMPLETE REPORT - PROPERTY CLASS 1 Page 1 ADDRESS: 1503 Toyon Way LEGAL: Redoubt Terr #3 L2 B6 NEAR: Kenai TYPE: Sgl Faro Rs STRUCTURE: Existing FLOOR STYLE: Two-Story I Multi-Lvl CONSTRUCT: 2x$ Frame FOUNDATION: Concrt BIk 'EXT/ROOF: Brick/Siding / Comp Shingle WTRFRNT: Inlet VIEW TYPE: Inlet I Mountains TAX ID: 047' 14023 ELEC MAP~: AREA: 305 LISTING #: 3312534 GRID: STATUS: ACTIVE ZIP CODE: 99611 LO INV#: ZONING: RS LIST PRICE: $419,000 BEDROOMS: 4 ORIG PRICE: $429,000 BATHS: 3.00 LISTED: 1012812003 BUILT: 1981 EXPIRES: REMODEL: SO COMM: 2.50 CONTRACT: Excl Right Sell I Unobstructd TAX BOOI~ 47 LATITUDE: 60.555866 ACCESS: Paved I Maintaind I Dedicated TAX MAP: LONGITUDE: 151.274918 BASE MAP#: APX SF: FIN UNF HEAT TYPE: BSMT: 1104 FUEL: FLRI: 1472 FUEL CO: FLR2: 1564 AVG $ MO: FLR3: TANK SIZE: TOTAL SF: 4140 ENERGY RATE: APX LT SF: 13939 MISC: APX ACRE: 0.32 Nat Gas Nat Gas Enstar Oil/ Elec/ GAI./YR USED: SEWER TYPE: Public PROVIDER: City SEPTIC APRVD: WATER TYPE: Public Wtr PROVIDER: City WELL DEPTH: #BRS: #GALS: #GARAGES: 2 GAR APX SF: 528 GAR TYPE: Attached PERMIT #: BUILDER: DINING RM: Area I Formal INTERIOR Fireplace I OvlRng FEATURES: Den I Sec Sys ADD'L View I Deck/Patio FEATURES: Cable TV I Wtrfrnt Acs SCHOOLS: ELEMENTARY: Sears/Mt View HOA/PH: I Dishwashr I W+orD Hkup I Gar Opener I Landscaping I Disposal I Microwave i Waterfront BR BA BSMT: FLR 1: 0.75 FLR 2:4 2.00 FLR 3: I Wndw Cvrng I Electric I CovlRestrict LR FR KT UR DR XR I XRM: 1 1 1 I 1 XRM: I XRM: StudylNrsry XRM: I Fam Rm I Basement I Telephone I Wtr Softr i Fire Svc i Rd Svc Area MIDDLE: Kenai HIGH: Kenai HOA DUES/MO: PUBLIC Custom built, extremely well kept home in Kenai's premier neighborhood. Great view of inlet and mountains. New interior paint, hard REMARKS: wood flooring, full basement, formal dining, lots of storage.., too many custom features to mention. Must Seel TAXES: TAX YR: MILL RATE: ASSMNTS: 1st DEED: 1st PMT: 1st RATE: INCLUDING: AVAIL FIN: Cash I VA I Cony I AHFC $ TO ASSUME: 2nd DEED: 2nd PMT: MIN EM REQ'D: PROPERTY CONTACT: Amy Anderson 907-283-0555 SELLER: TO SHOW: DIRECTIONS: MEMBER REMARKS: POSSESSION: Recording Bailie Call LA I Call LO I Appt Only Kenai Spur, Left on Forest, Right on Toyon. Rrst house on left Seller to verify square footage. One of the last homes with a vegitated stable bluff in a great neighborhoodl LA~ 15790 AmyAnderson LA: 0 HM: 907-283-0555 MBL: 907-398-7148 HM: MBL: DIR: 907-398-7148 DIR FAX: 907-262-6883 DIR: DIR FAX: LO: 3004 Choice Realty LO PH: 907-262-3958 LO: 0 LO PH: SA: 0 PH: OFF MARKET: DAYS ON SO: 0 PH: PENDED: MARKET: 359 SALE PRICE: $0 TYPE FINANCE: SOLD: CONCESSIONS: All square footages are approximalJons. Information is not guaranteed and should be independently verified for accuracy and may not be '~indusive" due to space imitaUons. STAFF REPORT To' Date: Planning & Zoning Commission September 29, 2004 Res: PZ04-44 GENERAL INFORMATION Applicant' F. DeWayne & Diane E. craig Bluff View Condominium Association P.O. Box 1613 Kenai, AK 99611 283-7842 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Conditional Use Permit-Townhouse (Condominium) Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS- Suburban Residential Residential Neighborhood Residential ANALYSIS General Information: This item was tabled at the information from that meeting. is attached. October 13th meeting. Please see the attached In addition, an as-built submitted on October 1 3th Attachments: Packet Information from 1 0/1 3/04 As-built dated 10/1 2/04  0' 33.7' ~- '~ U~it 6 ..~ three-story Lot ! ,oc lc 6 406 Forest Dr. South shed 8.2'x4.3' ~- ~ garage ~ three-story Units 1-5 Note: This is o recertification of As-Built Survey dated 22 August, 1998 for Lot 1 Block 6 Redoubt Terrace Subd. Addn. #5. ..o.~ This recertification is for the addition of the ';"'~ garage + 2 stories with access off Toyon Way. · AS-BUILT CERTIFICATION LEGEND '~ 2" Centerline Monument (found) A Vent Pipe Dote: 12 October, 2004 I F.B. #: 2004-5, Pg. 48-9 Scole: 1 = 50' PIot:'99-591 KENAI RECORDING DISTRICT Drown: CB W.O. #: 24159IDisk: Redoubt Terroce 8195 Kenoi Spur Hwy Kenoi, Alaska 99611-8902 SURVEYORS PHONE - (907) 28.3-9047 PLANNERS FAX --- (907) 28.3-9071 i As-Built Certificate I hereby certify that the improvements hereon exist as shown on the following described property: .. Redoubt Terrace Subdivisi.on Bluff View Condominiums and that no encroachments exist except as indicated. Exclusion Note: 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 plat. Under no circumstances Should any data hereon be used for construction or for establishing boundary or fence lines. STAFF REPORT To: Planning & Zoning Commission Date: September 29, 2004 Res: PZ04-44 GENERAL INFORMATION Applicant: Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS F. DeWayne & Diane E. Craig Bluff View Condominium Association P.O. Box 1613 Kenai, AK 99611 283-7842 Conditional Use Permit -Townhouse Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 406 South Forest Drive 04714024 RS- Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are' 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. 0444 Comment.doc ~' Page 2 These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. Applicant proposes to convert his current six plex into six separate units to create condominiums. The property is zoned Suburban Residential. The RS zone permits up to six family dwellings. However, because the applicant proposes to develop a condominium complex, a conditional use permit is required. The Kenai Municipal Code does not specifically address condominiums. The Legal Department has determined that the development must meet the requirements of KMC 14.20.1 60 - Townhouses. In 1999, the City of Kenai's Planning and Zoning Commission reviewed a preliminary plat for Redoubt Terrace Subdivision, Bluff View Condos. The Commission recommended approval of the plat with the recommendation that documentation of one-hour separations between the units would be required and that the plat would verify there were no encroachments. The file shows a letter from the Craig's documenting the construction of the structure. However, it waS noted in the meeting minutes that the State statute required a surveyor to certify the construction and that the City would not certify the construction without an engineer's report or the building official seeing the construction first-hand. According to the City's records, the documentation was never provided. The City acts in an advisory capacity to the Borough on platting and the Borough approved the plat without insuring the City's recommendations had been met. The applicant believed that the platting process finalized the conversion and did not realize that zoning requirements must be met. Common property ownership must meet the requirements for the State of Alaska, Horizontal Regimes Act. Prior to the sale of any unit, proof that the development meets the Horizontal Property Regimes Act must be filed with the City of Kenai Planning Department. This is usually documented as recorded on the plat or the Declaration is recorded. A copy of the As-Built Survey and plat is attached. In 2002 the applicant applied for a variance for lot coverage. A site plan presented at that time included areas not owned by the applicant to be considered ion the lot coverage equation, i.e. the right-of-way and a property owned by another individual. There was concern and continues to be concern about the lack of off-street parking, snow storage area and a location (on the applicant's property) for a dumpster. The as-built for this property shows a side and rear yard encroachment. The as- built does not show new construction on the Toyon Way side of the parcel, The Commission will have held a public hearing on an encroachment permit for the side and rear yard encroachments prior to this hearing. If the encroachments have 0444 Comment.doc Page 3 been granted, the Conditional Use Permit may be issued if the Commission determines it meets all other criteria. City Engineer: Nothing additional. Building Official' This building was constructed in a manner that complies with building code requirements for a multi-family unit including condominiums. (Construction verified on 8/31/04.) RECOMMENDATIONS' o It appears that the proposed development meets the requirements of KMC 14.20.160 for townhouse (condominium) development and KMC 14.20.1 50 - Conditional Use Permits. The Suburban Residential zoning allows for a 6-family dwelling. The proposed condominium development should not adversely affect neighboring property owners. Recommend approval with the following conditions and the stipulation that the permit may not be issued until the conditions are met' 1. Proof that the development meets the Horizontal Property Regimes Act must be submitted to the City of Kenai Planning Department including' a. Filing and recording of a survey map and floor plans with verified statement as required under the Horizontal Property Regimes Act, Section AS 34.07.030 "There shall be filed and recorded simultaneously with the recording and declaration in the recording district in which the property is located (1) a survey map of the surface of the land submitted under the provisions of this chapter showing the location of the building on it; (2) a set of floor plans of the building showing the layout, apartment numbers and dimensions of the apartments in sufficient detail to identify and locate each apartment with certainty, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or registered professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with an approved by the governmental entity having jurisdiction over the approval or issuance of permits for the construction of the building, or a statement that no approval permit is required. (Applicant has provided documentation that the Declaration was recorded with the State on August 3, 1999. Documentation on file with the City.) 2. A site plan shall be submitted showing the development meets the following requirements: · Off-street parking identified to meet parking requirements. Parking at the development must be c0~ntained on the subject parcel. · The dumpster should be noted on the site plan and must be 0444 Comment.doc Page 4 located on the applicant's property. Snow storage areas must be identified and must be contained to the applicant's property. 3. Submit an updated as-built survey so administration can verify there are no additional encroachments resulting from the new construction along Toyon Way. ATTACHMENTS: 1. Resolution No. PZ04-44 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-44 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: F. DeWavne & Diane E. Craig- Bluff View Condominium Association USE: Condominium Development- 6 Units LOCATED: Lot 1, Block 6, Redoubt Terrace SD Addn. No. 3 -406 S. Forest Drive (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04714024 WHEREAS, the Commission finds: o That an application meeting the requirements of Section 14.20.150 has been submitted and received on: September 22, 2004 , This request is on land zoned: RS - Suburban Residential o That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. See Page 2. . That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: October 13, 2004. Furthermore, the Commission held a second public hearing on October 27, 2004. o 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 Condominium Development MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT AFTER MEETING THE REQUIREMENTS NOTED ON PAGE 2. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, OCTOBER 27~ 2004. CHAIRPERSON: ATTEST: 0444 Res.doc Page 2 Prior to the Conditional Use Permit being issued the following conditions must be met: 1. Proof that the development meets the Horizontal Property Regimes Act must be submitted to the City of Kenai Planning Department including: a. Filing and recording of a survey map and floor plans with verified statement as required under the Horizontal Property Regimes Act, Section AS 34.07.030 "There shall be filed and recorded simultaneously with the recording and declaration in the recording district in which the property is located (1) a survey map of the surface of the land submitted under the provisions of this chapter showing the location of the building on it; (2) a set of floor plans of the building showing the layout, apartment numbers and dimensions of the apartments in sufficient detail to identify and locate each apartment with certainty, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or registered professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with an approved by the governmental entity having jurisdiction over the approval or issuance of permits for the construction of the building, or a statement that no approval permit is required. (Applicant has provided documentation that the Declaration was recorded with the State on August 3, 1999. All other requirements are on file.) 2. A site plan shall be submitted showing the development meet the following requirements' Off-street parking identified to meet parking requirements. Parking at the development must be contained on the subject parcel. · The dumpster should be noted on the site plan and must be located on the applicant's property. · Snow storage areas must be identified and must be contained to the applicant's property. 3. Submit an updated as-built survey so administration can verify there are no additional encroachments resulting from the new construction along Toyon Way. with a past, ~ity wt'th a Future" 210 Fidaigo Avenue, Kenai, Alaska 99611-7794 ~ 1902 KENAI, ALASKA CONDITIONAL USE PERMIT APPLICATION Applicant's Name:_ Business Name: Mailing Address: Street Address: 140 (o ,~, t--'"o res r' (Where permit will be operated from.) Legal Description of Property: .Lo'l' i ~o¢14. 6, 'j~.e~oub't' ,~~. (~c[~_m 1~o.3 .. Kenai Peninsula Borough Parcel No.' City of Kenai Zoning: Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. The following information,must be provi, ded before your application will be ,..considered for orocessin~. Do not,submit your application until it contains all reo_uired information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and parking spaces on the property. (For bed & breakfast applications, must show areas to be rented.) I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The propoSed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: Conditional Use Permit- Bluff View Condominiums Comments: In 1999 Cliff Baker of Integrity Survey represented us in our application for the conversion of the multi-family units to condominiums. The City accepted the Plat and we then filed our Declaration of Bluff View Condominiums with the State of Alaska. Shortly thereafter, we sold one condominium unit and obtained title insurance. This property has had subsequent building permits and a variance and it seems that the Ci~ wo~ld have advi~ us at those tim~ that we n~d~ a conditional use permit. But, we were not told by the City that a conditional use permit was required in 1999. We became aware of this when our title company inquired of the City recently for a preliminary title report prepared for the sale of a unit. When we recently checked back with Mr. Baker, he pointed out that condominiums are not listed in the City of Kenai Zoning Codes, and he thought that our units wOuld be in the multi-family dwelling category. F. DeWayne & Diane E. Craig 5bT- I / / .o, ~ .0't ,0'6 t ~0 ~ Note: Lot ~erved o City Water i& Sew ,, --. I 3~.7"- '": '-! ' ~ LoT 1 "'] ' -o I~ · 7¢".~ Block - ~ frame Imlkll. I '~'~ -~' ~' '~' "'",' ~'"' ~'" i' ' -....- .:.,~'~~,. = ~ ~)~~l . ~1 .'.:'..'.':~'..-..'~~~~ ~~' . r l · "..."'¥'.: '.:"'~ '::' :.'~'.".'..'":::"':~' '.7' :'...'."' .~. '..'~". ).~"'."~ .".'.'..':':' ~ ~ · ::~ '..'.: ::' .~'i. "..:.": ' ./". "'.~ ~' ~.':"- .')'":..."~". :.'" ": .'"'~ :'.::: :'":~ Overheod ~owed in e · ..w".'.-.."~....'..( '...'.:~ ~...t .... :..: .-....... }. .... . '.-::: .~.;~ .. . . . ...... · ~ DATE ~ ·. RECERTIFiCATtON JOB #: 98196 ¢,' LEGEND ~ -~ 2" Brass Cap Centerline Monument (found) · ? A Vent Pipe Date: 28 April, 1997 F.B. #: 97-1. pgs. 60-61 }Scole:l' = 30' Plat' 76-96 KENAI RECORDING DISTRICT AS BUILT/PLOT P_AN Drawn' REW W.O. #: 97035 Disk: D20%Redoubt Terrace INTEGRITY SURVEYS 605 Swires Drive Kenoi, Alaska 99611-8363 SURVEYORS PHONE - (907) 283-9047 PLANNERS ~ FAX --- (907) 285-9071 CERTIFICATION o ,----, As-Built Certificate I hereby certify that the improvements hereon exist as shown on the following described property:. Lot 1 Block 6 Redoubt Terrace Subd, Add, Number 5 and that no encroachments exist except as indicated. Exclusion Note: 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 plot. Under no circumstances should any data hereon be used for construction or for establishing boundary or fence lines. : ' 7~':;.,. ' . . ' 1-. : -. ( ii;,:' ,,:. :.: ,~ - . .,, ..,..... ....,~... .. ... .' '~:.,.t 'i? . . .'.. . .. ., Marilyn Kebschull From: Sent: To: Subject: Glenda & John Landua [landua@ptialaska.net] 12 October, 2004 8:49 PM Marilyn Kebschull PZ04-43, PZ04-44 TO' Planning and Zoning Commissioners, City of Kenai FROM: John Landua Glenda Landua 1520 Toyon Way Kenai, AK 99611-7925 907.283. 6851 DATE: October 12, 2004 RE' PZ04-43, Application for an Encroachment Permit for rear and side setback encroachments for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig, 406 S. Forest Drive, Kenai, Alaska PZ04-44, Application for a Conditional Use Permit for condominiums for the property known as Lot 1, Block 6, Redoubt Terrace Subdivision, Addition No. 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne and Diane E. Craig dba Bluff View Condominium Association, 406 S. Forest Drive, Kenai, Alaska. Dear Commissioners: These are the second and third requests to permit non-compliance that we are aware of for this property. Structures and appurtenances on this parcel appear to encroach already into several setbacks, and may be in a state of non-conformance in other respects. Before deciding whether or not to grant Encroachment Permit PZ04-43 or Conditional Use Permit PZ04-44, I respectfully request that Staff report on and the Commissioners consider: 1. Ail historical Notices of Violation regarding non-conforming conditions for this parcel; 2. Ail historical applications for permit of non-conforming conditions for this parcel; 3. Whether or not the non-conforming conditions existed before the Application for Permit was submitted (whether any permits were granted after-the-fact); 4. Comments from the Building Official regarding compliance by the owners with building plans submitted and permitted. If the record indicates historical problems with compliance and non-conformance, please reject the Application for Encroachment Permit PZ04-43 and the Application for Conditional Use Permit PZ04-44. October 13, 2004 The following provides a chronological history of permitting for building and zoning issues for the property located at 406 South Forest Drive: DATE July 7, 1982 July 18, 1990 September 11, 1996 July 23, 1997 August 25, 1997 September 3, 1997 June 30, 1998 June 23, 1999 CITY OF KENAI PERMIT INFORMATION -406 S. FOREST DRIVE Building permit B-1824 was issued for a 4-plex with a detached 24X50 garage. Setbacks were noted as 25' front, 15' side and 20' rear. Inspections were performed 6-15-82 through 2-1-83. CO #0242 was issued on 2-1-83 for a 4-plex. Building permit B-2823 was issued for a glass solarium. Howard Hackney performed an inspection on 1-3-91. PZ96-59- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for Daily Rentals. The Commission denied the request. No appeal was filed. PZ97-34- The Planning and Zoning Commission held a public hearing on an application for a Conditional Use Permit for a Bed and Breakfast. The permit was approved. Building permit B-3440 was issued for a 600 sq. ft. garage addition. Minimal plans were provided. An as built was provided in which an encroachment was noted on the existing 4-plex. Since the permit was requested for a garage addition to the separate garage building and it did not increase the non-conformity of the existing 4-plex it was issued without requiring an encroachment permit. Inspections were performed 9-3-97 through 11-8-00. An inspection was performed on the underground plumbing for a bathroom not indicated on the submitted plans. At that time Mr. Craig did not indicate the use of this structure to have changed and a bathroom is allowed by code in a garage. (B-3440) During a framing inspection it was discovered the garage addition had a second floor and Mr. Craig indicated it would be used as a bedroom. He was then informed of the building code requirements for installation of a bedroom. (B-3440) PZ99-25 - Redoubt Terrace Subdivision Bluff View Condominium Preliminary Plat reviewed and approved by Planning & Zoning Commission with recommendations that prior to plat being recorded that the plat verify no encroachments existed and that the building was constructed to required building codes for use. July 23, 1999 September 13, 1999 November 8, 2000 May 23, 2002 June 12, 2002 July 10, 2002 July 12, 2002 July 16, 2002 July 19, 2002 Redoubt Terrace Subdivision Bluff View Condominiums recorded without meeting recommendations of City of Kenai. During a final inspection it was discovered that Mr. Craig was living in the upper floor and a portion of the garage area but indicated the garage would still be used as a garage. Corrections were required for compliance with building codes. (B-3440) A final re-inspection was performed on permit B-3440. Previous corrections had been completed. No as built was provided and no CO was issued. Mr. Craig applies for a building permit to build a garage/storage addition to be attached to the previous garage built under permit B-3440. PZ02-32- The Planning and Zoning Commission held a public hearing on an application for an Encroachment Permit for a 4.8-foot front setback encroachment resulting from the conversion of the garage to living space. The permit was approved. (Building Permit B-3440.) PZ02-39- The Planning and Zoning Commission held a public hearing on an application for a Variance for lot coverage and front setbacks. The Commission denied the request. Mr. Craig appealed decision to the Board of Adjustment. Mr. Craig was notified by mail of a need to get a permit for the conversion of the garage built under B-3440 to living space. At this time he was first notified of the encroachments to the existing 4-plex built under permit B-1824. In this same letter Mr. Craig was notified of denial of a building permit for a proposed addition to the structure built under permit B-3440 because of too high of a lot coverage. Mr. Craig was notified of requirements necessary to obtain approval of a revised plan to the one he submitted on May 23, 2002 for a building permit for a proposed addition to the structure built under permit B-3440. Mr. Craig did not agree to these requirements; therefore, no permit was issued and he submitted a different plan. Building permit B-3902 was issued for the conversion of the garage built under permit B-3440 to a residential use. The garage met the setback requirements but since the building was converted to residential use an encroachment now existed. The Planning & Zoning Commission granted Mr. Craig an encroachment permit for this. (PZ02-32) 406 S. Forest Drive Page 2 July 24, 2002 July 26, 2002 August 21, 2002 September 9, 2002 September 19, 2002 September 19, 2002 September 20, 2002 June 16, 2003 June 17, 2003 December 17, 2003 December 30, 2003 Mr. Craig resubmitted plans for an addition to the building built under B-3440. After review of the revised plans, Mr. Craig was notified of denial of building permit for an addition to the building built under B-3440 due to several building and zoning code issues. Board of Adjustment held the appeal hearing on PZ02-39. Mr. Craig submitted a revised plan for an addition to the building built under permit B-3440. Building permit B-3938 was issued for an 816 sq. ft. residential and 408 sq. ft. garage addition to the building built under permit B-3440. Two floors of residential use over the garage were indicated in this permit. This permit was issued with a plan review letter stating the requirements for approval. Mr. Craig initialed the bottom of the letter acknowledging that he read and agreed to these requirements. Inspections were performed 10-1-02 through 8-4-03. The Board of Adjustment issued their decision on the appeal of PZ02-39 and upheld the Planning & Zoning Commission's denial. Mr. Craig was notified by mail that the setback requirements had been left off the permit B-3938 that was issued on 9-19-02 and was then clearly stated what those requirements were in that letter. During an electrical/plumbing inspection it was noted that no access to the third floor was present. Mr. Craig now indicated access would be through a solarium and stairway from the existing building. Mr. Craig was notified by mail of additional correction requirements for the electrical and plumbing inspection dated 6-16-03. The letter also stated that access was not provided to the third floor as required by the plan review letter for issuance of permit B-3938 dated 9-19-02 and accepted. Since Mr. Craig now indicated access would be through a solarium and stairway from the existing building, he was notified that an additional building permit would be required to construct this. Diane Craig sent letter-requesting copy of building code that states nd access to 2 and 3rd floor from inside unit. Responded to Ms. Craig's letter of 12-17-03 and again notified them of the requirements of the plan review letter for issuance of permit B-3938. 406 S. Forest Drive Page 3 August 26, 2004 August 30, 2004 September 1, 2004 September 22, 2004 October 5, 2004 Letter to Diane Craig explaining the zoning for the parcel and that the structure is considered multi-family. Explained that a condominium would require a Conditional Use Permit and that an Encroachment Permit would be required for the rear and side setback encroachments. Meeting with DeWayne Craig, Building Official, and City Planner. Reviewed the zoning code requirements for setbacks and condominiums and provided applications for both permits. Letter received from Attorney Mark Osterman representing the Craigs and questioning the City's definition for dwelling. Mr. Osterman believed that requiring an interior staircase (Building Permit B-3938) was made without basis and requested the City reconsider the requirement. Applications received for an Encroachment Permit and a Conditional Use Permit from the Craigs. Letter from City Attorney Cary Graves in response to Mr. Osterman's letter advising that the conditions of Building Permit B-3938 would not be changed. As of October 13, 2004, the following issues are unresolved with this parcel' · According to the City's records, no permit was ever issued for Unit 5. · Building permit B3938 is outstanding and the unit has not been constructed with the interior staircase as was required in the permit review. · No CO for structure built under Building Permit B-3938 has been issued; therefore, occupancy is not permitted. · The rear and side-yard encroachments. (PZ04-43) · The condominium request. (PZ04-44) 406 S. Forest Drive Page 4 hoice October 21, 2004 4D Professional Building, Suite 201 35477 Kcnai Spu~ Highway $oldotna, Alaska 99669 (907) 262-3958 em~il: choic¢~bsk~.nct Marilyn Kebschull, City Planner City of Kenai Kenai, AK 99611 Subject: Structure at the corner of Forest Drive & Toyon Way- De Wayne and Diane Craig Dear Mrs. Kebschull: Choice Realty listed the property next to this structure last year and we have not been able to sell it, primarily because buyers do not want to live next door to this very unsightly addition to the Bluff View Condominiums. A copy of the ML5 listing is attached showing the listing date of October 28, 2003. Choice has provided full color advertising for an entire year and our client, Dr. Bailie, has been very patient and supportive of our marketing efforts. At this point he may have to take less for his property as a result of the Craig addition. The addition appears to be in violation of the setback. Was a permit issued and inspections completed by the City? ~[ hope that there is something that the City can do to change this situation. Please let me know if there is any additional information that we can provide that will be of assistance. Thank you for your help. Associate Broker Accounting Real Estate Sales Property Management rarce~ LOOKUp . f'age I ox I Kenai Peninsula Borough Parcel Lookup Parcel Number: 04714024 Owner: CRAIG FORREST DEWAYNE & DIANE E PO BOX 1613 KENAI, AK 99611-1613 Tca- 3O Property Type- R Number of ,Structures - 0 Exempt Amount - $0 Ownership Code Acres - 0.38 Land Value - $100 Usage Code - VA Voter District - .~; ! Structure Value - $0 Legal Description KN0760096 T05N R11W S06 REDOUBT TERRACE SUB ADDN 3 LOT 1 BLOCK 6 This Parcel has no structures Return to Search Screen Assessing Home http ://www. borough.kenai, ak. us/as ses singdept~arcel_QUERY/psearch, asp 10/21104 Farcel LOOKUp rage ~ oI ~ Kenai Peninsula Borough Parcel Lookup · q'r..,.q....·d.,,J, Lr ' ' Parcel Number: 04714023 Owner: BAILIE CHARLES A PO BOX 661 KENAI, AK 99611-0661 Tca ~ Property Type- F~ Number of Structures - 1 Exempt Amount - $298100 Ownership Code - Acres - 0.32 Land Value - $57500 , Usage Code - RS Voter District - K ! Structure Value - $240600 Legal Description KN0760096 T05N R11W S06 REDOUBT TERRACE SUB ADDN 3 LOT 2 BLOCK 6 lSt, ructure NumberliYear Builtl[S~iuare FeetJl I ~ , Ii ~"~ !1 ~o~s ii Return to Search Screen Assessing Home http://www, borough, kenai, ak. us/as ses singdept~arc el_QUERY/psearch, asp 10/21/04 . ,:, , ~ o,.-, ~-, ~ Z rtl C~ ~ · ~ '/'...?~ "'"'. "....?~........ %'"'"tj'"" ~ ," Z ~ ,'"' '"",. '"",'" ,"' "'"- "' '"¥-" ~ ... . u --., ,.- .., ..,- - ........: ~ ," ~ . ~ : ,,/' .,/?",,%,,, '" '.. ... ..~ ~ · 9~ .. .......... 7... · ....... ~:~ FORESTu.~ ~o'~. ~:~. ~ ..... ~ ~ . 0 ~> _ · ~-- ~ ~ ~... .................. ,, MLS Number: 3312534 Address' 1503 Toyon Way Closest Town' Kenai Bedrooms' 4 Baths: Approximate square feet: 3.00 4140 List Price' $419,000 ApProximate Acres: 0.32 Garage Approx. Sq Ft: 528 CHOICE REALTY Karen Carson, Associate Broker 35477 Kenai Spur Highway, Suite 201-2 Soldotna, AK 99669 907-262-3958 FAX: 907-262-6883 email: kcnet(~att, net Committed to excellence in the purchase and sale of Kenai Peninsula properties. October 21, 2004 RESIDENTIAL AGENT COMPLETE REPORT - PROPERTY CLASS 1 Page 1 ADDRESS: 1503 Toyon Way LEGAL: Redoubt Terr #3 L2 B6 NEAR: Kenai TYPE: Sgl Fam Rs STRUCTURE: Existing FLOOR STYLE: Two-Story I Multi-Lvl CONSTRUCT: 2x6 Frame FOUNDATION: Concrt BIk EXT/ROOF: Brick/Siding WTRFRNT: Inlet VIEW TYPE: Inlet / Comp Shingle I Mountains I Unobstructd · TAX ID: 04714023 TAX BOOI~ 47 ELEC MAP#: LATITUDE: 60.555866 AREA: 305 LISTING #: 3312534 GRID: STATUS: ACTIVE ZIP CODE: 99611 LO INV#: ZONING: RS LIST PRICE: $419,000 BEDROOMS: 4 ORIG PRICE: $429,000 BATHS: 3.00 LISTED: '1012812003 BUILT: ~981 EXPIRES: REMODEL: SO COMM: 2.50 CONTRACT: Excl Right Sell ACCESS: Paved I Maintaind I Dedicated TAX MAP: TAX SUBg: LONGITUDE: 151.274918 BASE MAP/t: APX SF: FIN UNF HEAT TYPE: BSMT: 1104 FUEL: FLRI: 1472 FUEL CO: FLP,2: 1564 AVG $ MO: FLR3: TANK SIZE: TOTAL SF: 4140 ENERGY RATE: APX LT SF: 13939 MISC: APX ACRE: 0.32 Nat Gas Nat Gas Enstar OiF Bed GAL/YR USED: SEWER TYPE: Public PROVIDER: City SEPTIC APRVD: WATER TYPE: Public Wtr PROVIDER: City WELL DEPTH: #BRS: #GALS: #GARAGES: 2 GAR APX SF: 528 GAR TYPE: Attached PERMIT #: BUILDER: DINING EM: Area INTERIOR Fireplace FEATURES: .Den ADD'L View FEATURES: Cable TV SCHOOLS: ELEMENTARY: Sears/Mt View HOA/PH: BR BA BSMT: . FLR 1: 0.75 FLR 2:4 2.00 I Formal FLR 3: I OvlRng I Dishwashr I Disposal I Wndw Cvrng I Sec Sys I W+orD Hkup I Microwave I Electric I Deck/Patio I Gar Opener ! Waterfront i Wtrfrnt Acs I Landscaping LR FR KT UR DR XR 1 XRM: 1 1 1 1 1 XRM: I XRM: StudylNrsry XRM: I Fam Rm I Basement I Telephone I Wtr Soffr I CovlRestrict ! Fire Svc I Rd Svc Area MIDDLE: Kenai HIGH: Kenai HOA DUES/MO: PUBLIC Custom built, extremely well kept home in Kenai's premier neighborhood. Great view of inlet and mountains. New interior paint, hard REMARKS: wood flooring, full basement, formal dining, lots of storage.., too many custom features to mention. Must Seel TAXES: TAX YR: MILL RATE: ASSMNTS: 1st DEED: 1st PMT: 1st RATE: INCLUDING: AVAIL FIN: Cash I VA I Cony '1 AHFC $ TO ASSUME: 2nd DEED: 2nd PMT: MIN EM REQ'D: PROPERTY CONTACT: Amy Anderson 907-283-0555 SELLER: TO SHOW: DIRECTIONS: MEMBER REMARKS: POSSESSION: Recording Bailie Call LA I Call LO I Appt Only Kenai Spur, Left on Forest, Right on Toyon. First house on left Seller to verify square footage. One of the last homes with a vegitated stable bluff in a great neighborhoodl LA: 15790 AmyAnderson LA: 0 HM: 907-283-0555 MBL: 907-398-7148 HM: MBL: DIR: 907-398-7148 DIR FAX: 907-262-6883 DIR: DIR FAX: LO: 3004 Choice Realty LO PH: 907-262.3958 LO: 0 LO PH: SA: 0 PH: OFF MARKET: DAYS ON SO: 0 PH: PENDED: MARKET: 359 SALE PRICE: $0 TYPE FINANCE: SOLD: CONCESSIONS: All square footages are approximations. InformalJon is not guaranteed and should be independently verified for accuracy and may not be "al-inclusive" due b3 space limitaUons. STAFF REPORT To: Planning & Zoning Commission Date: October 8, 2004 Res: PZ04-46 GENERAL INFORMATION Applicant: Pat Reilly 1 21 7 Lawton Drive Kenai, AK 99611 335-1444 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation - Day Care Lot 3, Block 1 Mattfield Subdivision 1 21 7 Lawton Drive 0451 5221 RS-- Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Applicant provides childcare for her grand daughter only, but is aware her permit allows her to watch 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 October 6 2004. If the day care is still in operation, a follow-up will be required on October 6, 2006. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ04-46 2. Application 3. Drawings CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ04-46 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CI'TY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: DAY CARE- Reilly's Home Daycare (Type of Permit) OPERATED BY: Pat Reilly LOCATED' 1217 Lawton Drive - Lot 3, Mattfield Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04515221 WHEREAS, the Commission finds: . That an application meeting the requirements of Sec. 14.20.230, has been submitted and received on September 30, 2004. 2. That the application has been reviewed by the Commission at their meeting of October 27, 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 27th day of October 2004. Chairman' ATTEST' DATE' NAME' R,.,..__.ECEIVED HOME OCCUPATION PER3~;IT APPLICATION CITY OF KENAI MAILING ADDRESS' PHYSICAL ADDRESS' LEGAL DESCRIPTION: L5 PARCEL NUMBER: DESCRIPTION OF OCCUPATION: 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 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, including the residence and any accessory structures. In addition, show parking areas and traffic patterns. Ciearly mark the area to be used for the home occupation · The home occupation shall be carried on wholly within the~principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Applicant's Signature: _ _/_~/~ ~/'1~..,.. _Date: Application reviewed and approved by: Approved by the Planning & Zoning Commission. Date: STAFF REPORT To: Planning & Zoning Commission Date: October 20, 2004 RE' Vacation of 33-foot Right-of-Way, Government Lot 33, Township 6 North, Range 1 1 West, Section 34, Seward Meridian. GENERAL INFORMATION The Kenai Peninsula Borough Planning Commission has approved the vacation of the west 132-feet of the 33-foot Right-of-Way access easement within the north 33-feet of Government Lot 33. Jack LaShot, Public Works Manager provided a statement to the Borough of no objection to the vacation of the easement on the northern boundary, but the access easement on the east side must be maintained for existing and future right-of-way access. State statute AS 29.40.140 states that, "no vacation of city right-of-way and/or easement may be made without the consent of the city council." Council will review this request at their meeting on November 3rd and would like the Commission's recommendation. October 13, 2004 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 907-714-2200 toll free within the Borough 1-800-478-4441, extension 2200 FAX 907-262-8618 email: planning@borough.kenai.ak.us RE: KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF DECISION MEETING OF OCTOBER 11, 2004 Vacate the west 132-feet of the 33-foot Right-of-Way access easement within the north 33' of Government Lot 33 recorded in Book 12 Page 40, Kenai Recording District, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2004- 251; Petitioner: Gene L. Crandell of Kenai, Alaska; Location: City of Kenai The Kenai Peninsula Borough Planning Commission approved the proposed vacation .during their regularly scheduled meeting of October 11, 2004. The Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. If the Planning Director receives no veto within the specified period, the Borough shall be considered to have ghten consent to the vacation. Please contact the Kenai City Clerk's office to verify the date the subject vacation will be reviewed by the Council. This notice and unapproved minutes of the subject portion of the meeting were sent October 13, 2004 to: Gene Crandall 8570 Kenai Spur Highway Kenai, AK 99611 City of Kenai 210 Fidalgo #200 Kenai, AK 99611 Kim McDonald Redoubt Realty 43335 K Beach Rd. #32B Soldotna, AK 99669 Road to come into the dogleg shown on the aerial photo. They would like to pull the traveled way away from the residential home so the traffic won't be right on it. Chairman Bryson asked if Commissioners had questions for Mr. Baker. Chairman Bryson stated that action for tonight's meeting is only for the vacation. Seeing and hearing no one else wishing to comment, Chairman Bryson closed the public hearing and opened discussion among the Committee. MOTION: Commissioner Isham seconded by Commissioner Gross to approve the vacation as petitioned including the Findings 1-8 and adding one. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES YES YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 12 YES YES ABSENT YES YES YES YES I ABSENT .,. AGENDA ITEM F. PUBLIC HEARINGS . Vacate the west 132-feet of the 33-foot Right-of-Way access easement within the north 33' of Government Lot 33 recorded in Book 12 Page 40, Kenai Recording District, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough; KPB File No. 2004-251; Petitioner: Gene L. Crandell of Kenai, Alaska; Location: City of Kenai KPB Resolution 2004-63 Staff Report as read by Max Best PC Meeting: 10/11/04 Purpose as stated in petition: The home is being sold, and the buyers requested that the north boundary easement be removed for an addition to the home. Petitioners: Gene Crandell, Kenai, Alaska. Public notice appeared in the September 30 and October 7, 2004 issues of the Peninsula Clarion. Ten (10) certified mailings were sent to owners of property within 300 feet of the parcels; none of the receipts had been returned when the staff report was prepared. Fifteen (15) regular mailings were sent to agencies and interested parties; five (5) notices were sent to KPB Departments. The notice and maps were posted in three public locations and the Borough web site. Statement(s) of non-objection Jack LaShot, City of Kenai Public Works Manager, provided a statement of nonobjection to the vacation of the easement on the northern boundary. Mr. LaShot stated that the access easement on the east side must be maintained for existing and future right-of-way access. Statement(s) of objection None were received when the staff report was prepared. Staff discussion The parcel affected by the subject access easement contains 0.49 acres and has limited developable area. The property is within the City of Kenai and meets their standards for lot sizes. The lot is subject to a 33-foot access easement on the northern border and a 10-foot DOT access easement on the eastern border in addition to the 33-foot access easement on the eastern border. The residence is close to the northern border so it is as far away from the Kenai Spur Highway and the existing paved bike path as possible. Per the submittal, topography is fiat. The lot is served by city water and sewer. KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 11,2004 MEETING PAGE 7 UNAPPROVED MINUTES Findings: . 2. 3. 4. 5. 6. 7. 8. . 10. Sufficient rights-of-way exist to serve surrounding properties. No surrounding properties will be denied access. Per the submittal, the right-of-way proposed for vacation is not in use for access. Per the submittal, the right-of-way proposed for vacation has not been constructed. The rights-of-way do not appear to be in use for utilities. All subdivision plats finalizing vacations are sent to utility companies for review and easement requirements. The City of Kenai submitted written nonobjection to vacating the easement on the northern boundary. Use of the easement could result in an intersection on Highbush Lane within 145 feet of the intersection of Highbush Lane and the Spur Highway. Use of the easement for alternate public access to the Spur Highway would result in two intersections on a curve on the Spur Highway in less than 500 feet. No portion of the easements along the east boundary are proposed to be vacated. STAFF RECOMMENDATION: Based on the above findings, staff recommends adoption of Resolution 2004-63, thereby approving the vacation as petitioned, subject to: Filing of the PC Resolution in the appropriate recording district with the applicant responsible for the fees for the recording. If the vacation is approved, the Kenai City Council has thirty days in which they may veto Planning Commission approval of the vacation. DENIAL OF A VACATION PETITION IS A FINAL ACT FOR WHICH NO FURTHER CONSIDERATION SHALL BE GIVEN BY THE KENAI PENINSULA BOROUGH. APPEALS TO PLANNING COMMISSION DENIAL OF A VACATION MUST BE TAKEN WITHIN THIRTY (30) DAYS TO SUPERIOR COURT AT KENAI, ALASKA PURSUANT TO PART VI OF THE ALASKA RULES OF APPELLATE PROCEDURES. [20.28.110 AS AMENDED BY KENAI PENINSULA BOROUGH ORDINANCE 99-43]. END OF STAFF REPORT Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to comment, Chairman Bryson closed the public hearing and opened discussion among the Committee. MOTION: CommiSsioner Johnson moved, seconded by Commissioner Tauriainen to adopt the ten findings on pages 67-68 and adopt Resolution 2004-63 thereby approving the vacation in accordance to staff recommendations. VOTE: The motion passed by unanimous consent. BRYSON CLARK FOSTER GROSS HOHL HUTCHINSON ISHAM YES YES YES YES YES YES YES JOHNSON MARTIN MASSION PETERSEN TAURIAINEN TROEGER 12 YES YES ABSENT YES YES YES YES 1 ABSENT AGENDA ITEM F. PUBLIC HEARINGS . Proposed Reclassification of Borough Lands Located in the Cooper Landing Area, Pursuant to KPB 17.10.080. Staff Report read by Paul Ostrander PC Meeting October 11, 2004 Petitioner: Kenai Peninsula Borough, Alaska. Basis for Classification: Borough land must be classified prior to disposal pursuant to KPB 17.10.080 and KPB 17.10.090. Borough land classified appropriately for disposal may then be offered for sale or lease. Classification provides direction on how the Borough should manage its land. Current Classification: Preservation KENAI PENINSULA BOROUGH PLANNING COMMISSION OCTOBER 11,2004 MEETING UNAPPROVED MINUTES PAGE 8 ,OOt ... · · ' · t,,g ~o7 ~r?/~ 'i .' · / : '11.1 L__LLIz~_L!~'--:J ----~,~ ~-'-11I , _. .______~ _______ .______ -. ,~ _. ~N9 (300 L DRAFT THE FINAL RESOLUTION WILL BE PREPARED AND PRESENTED AFTER CITY REVIEW. KENN PENINSULA BOROUGH PLANNING COMMISSION RESOLUTION 2004-63 KENAI RECORDING DISTRICT WHEREAS, Gene L. Crandell of Kneai, Alaska, has petitioned for vacation of the west 132 feet of the 33-foot right-of-way easement for roadway and public utilities purposes .along the north boundaq/of Government Lot 33, reserved in US Patent recorded in Book 12 Page 40 KRD, within Section 34, Township 6 North, Range 11 West, Seward Meridian; Kenai Recording District; and WHEREAS, KPB 20.28 provides for the vacation of public rights-.of-way and other public areas; and WHEREAS, it has been determined by the Planning Commission on October 11,2004 that all .requirements have been met; and WHEREAS, the Kenai City Council did not veto that approval when they met on (insert date), thereby allowing the vacation to stand as approved; and WHEREAS, the vacation does not require replat'dng of any vacated area, and may be .accomplished by a resolution; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE KENAI PEN- INSULA BOROUGH: Section 1' That the 33-foot public easement reserved for roadway and public utilities purposes described above is hereby vacated. Section 2: That no portion of the 33-foot easement along the east boundary is vacated; Section :~. That. this resolution is void if not recorded in the appropriate Recording District within thirty days of adoption. Section 4. That this resolution becomes effective upon being properly recorded. ADOPTED BY THE PLANNING COMMISSION OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF ,2004. Philip Bryson, Chairperson Planning Commission ATTEST: Mary Toll Platting Officer Please return to: Planning Department Kenai Peninsula Borough 144 N. Binkley Street Soldotna, Alaaka 99669-7599 PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMMISSION NOTICE OF PUBLIC HEARING Public notice is hereby given that a petition has been received to vacate a 33-foot access easement associated with Government Lot 33 within the city of Kenai. Area under consideration is described as follows: Ao .Lqcation and request: Vacate the west 132-feet of the 33-foot Right-of-Way access easement within the north 33' of Government Lot 33 recorded in Book 12 Page 40, Kenai Recording District, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2004-251 Bo Purpose as stated in petition' Selling hOme and buyers request north boundary easement removed for home addition. Co Petitioner(s)' Gene L Crandell of Kenai, Alaska. Public hearing will be held by the Kenai Peninsula Borough Planning Commission on Monday, October 11, 2004 commencing at 7:30 p.m., or as soon thereafter as business permits. Meeting to be held in the' Assembly Chambers of the Kenai Peninsula Borough, 144 N. Binkley Street, Soldotna, Alaska. Anyone wishing to testify may come to the above meeting to give testimony; or may submit a written statement to the attention of Mary Toll or Sylvia Vinson-Miller, Kenai Peninsula Borough Planning Department - 144 N. Binkley Street - Soldotna, Alaska 99669. Written testimony should be received by the Planning Department no later than Wednesday October 6, 2004 [written comments may also be sent by Fax to 907-262-8618] .If the Planning Commission approves the vacation, the'Kenai City Council has thirty days from that decision in which they may veto the Planning Commission approval. Appeals from denials of · the Planning Commission must be taken within 30 days to the Superior Court at Kenai, Alaska pursuant to Part VI of the Alaska Rules of Appellate Procedure. For additional information contact Mary Toll or SylVia Vinson-Miller, Planning DePartment, 262- 4441 (1-800-478-4441 toll frae within. K~nai Peninsula Borough). Mary Toll Platting Officer mtoll~borough.kenai.ak.us PUBLISH 2X (Thursdays, September 30 and October 7, 2004) Sep 09 04 05:1.6p RPC HR30R ' b'~--09-20114 THU 04: ,35 ~ REDOiI]T REALTY PROJ KCS PRD gO? S59 F~ HO, 90726~53 P, ~ 73::'4 [] £] [] Sabmi~thme~ofpls~ormtpsbowjngmprojmsed to I~mummd, Mu~nm~~ 1! x l? inches in size. i i i ..~., ~ mu , i _ ~ i T,m p~m mm~ b. miped (.,,~m si~mmm,~) by ow,m ,,fmdom~y cd'ebB fnmr :~t of ~ ~ mmn of ~Qbr-~wmy SisMtvm ....... Sipamrc ...... Addross Address Sip~uro .... SiSnsmrc Nmne ....... N&-ne Address Address ,,, Owner of _ , ~ O,a~=r o£ 9- 6-04; 2: 14PM; SOUTHCENTRAL T I TLE Order Nmnbec 18123 SCHEDULE B STAND~ F.,XC]~ONS: I. Encroachments or questions ofloesttion, boundary and axe, wh~h an accurate sm,vey may di~losc;. PuMic or private ear~,m~nts, claims of eas~n~ts or encumbrances whioh am not disclosed by thc public me~x~ including but not limited to rights of the sate and/or public in and to any portion of the land for fight of way as established by fedn~! statute RS 2477; rishts or claims ofpc~sons in possession, m' claiming to bc in possession, not disclosed by the public rc~ords; rrmtoriai or labor lime or statutory liars under State Acts not disclosed by the public ~; water fights or matlL~ relating thereto; any sorvi~, installation or 2. fight of use, ~ntml or mguhtim by the United ~tntes of America in the exemi~ of powe~.ov~ naviltntion; d~, liens, em~umbn~c=, or other matt~ created or sufferc:d by the insumt; rights claims based Upon insmnn~ts or upun facts not disclosed by the public ~mds but of which fights, claims, instmmmts or far. ts the insm'ed has Imowled8~. 3. OmetsJ tax~ not now payable; matters relating to spec:iai ass~mn~nts and special levies, if any, preceding tl~ ss3m becoming a lien. 4. Mining claims, mm'vations or cxcepfions in parrots or in Acls aulhoHZing the issuanc~ thereof. 5. Any law, ordinance or govemtmntal regulation (including but not limited to bu~ing and zoning law~ ordinances, or m~ulittions) restricting, mgu¼ting, prohibiting or relating to (I) the oecupnn~, use or enjoymeat of the land; (i0 the'character, dimn~ions or lecatien of any improvement now or hereafter erected on the land; (iii) a ~on in ownership or a'ehan8~: in the dimemions or arm of the land or any paine1 of which tt~ land is or was a part; or (iv) mvimnmental prol~tion, or thc effect ofany violation of'thews, laws, ordinances or govummnnml mSulagons, entoept to the extmt that a noti~ of the enforcement thereof or it notice of it defmt, lien or encumbranoe resulting from a violation or allegKI violation affecting the land has been recorded in the public records itt Date of Poticy. 6. "Consu~ Credit Pmteetim"," Troth in Lmdin$" or simihu' law, or fnflur~ to enmply with said law(s). 7. Any claim by reason of the operation of' federal bankmptoy, rote insolvent, or similar credi~ rights' laws. ' SPECIAL EXCEPTIONS: TAXES, if any, due the Kenai Peninsula Borough Tax I.D. No.: 045-170-05 2004 Assessed Value: $140,800.00 2004 Taxes: $1,627.68 Balance: $1,62'/.68 TCA: 30 , NOTE: Tax period is from January 1 *~ through D~cmnber 31 = of each year. The 1st half is due on or before September 15t~ and the 2sa half is due on or before November 15~. Should the 1 ~ half not be paid on or before the 15~ of September, th~n the entire year amount is due on or before October 15a. Taxes are payable to and collected by the Kcnai Peninsula Borough ~ 144 N. Binldey Street, Soldotna, AK 99669 - Tele: 907-262-4441. ASSESSMENTS, if an),, due th= City of Kenai. (Note: Stares of any amounts due thereunder, if any, will follow on an/nformation sheet.) RESERVATIONS, EXCEPTIONS AND EASEMENTS, .if any, as contained in U. S. Patent. Recorded: May 23, 1959 Book/Page: 12/40 including but not limited to the following: (A) All o~ g~s a~d other mineral d~osits, ia the land so patented, togeth~ with the right to prospect for, mine aM remove the same according to the provisions of thc Act of lune l, 1938, (52 Stat. 609). t of way not exceeding 33 feet in wide, for roadway and public utilities purposes, to be located dong the North_.and East k,,,~.~oun_-dary(ies) of. said !,~_d. 4. P,.ESERVATIONS, EXCEPTIONS AND E~SEIV~~$, if any, as contained in Mineral Pat~mt from th~ U~ited Sates of An~rica to the State of Alaska. Recorded: Septembcr 27,. 1982 BoolorPa§e: 194/764 FURTHE~ no other examination of the excepted title to minerals has been made herein and no insurance nor responsibility therefore is in, lied or assumed. Schedule B - Page 1 AGENDA KENAI CITY COUNCIL- REGULAR MEETING OCTOBER 20, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http' / / www.ci.kenai, ak.us ITEM A: CALL TO ORDER , 2. 3. 4. 5. Pledge of Allegiance Roll Call CERTIFICATION OF ELECTION Agenda Approval Consent Agenda *Ail items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one morion. 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 A: REPORTS OF LEGISLATORS~ KPB ASSEMBLY AND COUNCILS ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) ITEM C' UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM E: REPORTS OF KENAI CONVENTION/h VISITORS BUREAU BOARD AND KENAI CHAMBER OF COMMERCE ITEM F: MAYOR AND COUNCIL OATHS OF OFFICE BREAK ITEM G: ,, , ITEM H: , ELECTION OF VICE MAYOR PUBLIC HEARINGS Ordinance No. 2068-2004 -- Amendin§ KMC 14.20.320(b) by Chan~in§ the Definitions of "Mobile Home," "Manufactured Housin§," and "Modular Housin§.' Ordinance No. 2069-2004 -- Findin§ that Certain City-Owned Lands Located in Section 36 Adjacent to the Kenai Spur Hi§hway and Further Identified as KPB Parcels #043-010-38, #043-010-33 and #043-010-34 Are Needed for a Public Purpose. o . , ITEM I. . ITEM J' ITEM K: o ITEM L: · . 2. 3. 4. 5. 6. 7. Ordinance No. 2070-2004-- Increasing Estimated Revenues and Appropriations by $150,000 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Ordinance No. 2071-2004 -- Finding that Certain City-Owned Land, Identified as Lots 1 & 2, Block 6, Mommsens S/D Replat of Additions 1 & 2, Located at 2402 & 2406 California Avenue in Kenai, Are Required for a Public Purpose. Resolution No. 2004-56 -- Transferring $2,977 in the General Fund to Pay Taxes on Properties Declared to be Needed for a Public Purpose. *2004 Liquor License Continuance -- REMOVAL OF PROTEST Kenai Joe's Bar MINUTES *Regular Meeting of October 6, 2004. OLD BUSINESS,. NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 *Ordinance No. 2072-2004 -- Amending KMC 14.20.245 by Adding Section d(4) to Prohibit Parking of Recreational Vehicles on Private Property That Has No Principle Permitted Structure Except as Otherwise Allowed Under KMC 14.20.245(e). *Ordinance No. 2073-2004 -- Increasing Estimated Revenues and Appropriations by $151,314.05 for Shop Site Remediation. Discussion -- Council Seat Appointment Discussion -- Water Quality Standards/2004 Proposed Mixing Zone Revisions COMMISSION/COMMITTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees a. Beautification Committee bo Alaska Municipal League Report Arctic Winter Games Stranded Gas Committee ITEM M: REPORT OF THE MAYOR ITEM N: ADMINISTRATION REPORTS o City Manager Attorney City Clerk ITEM O: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM P: ADJOURNMENT MEMBERS: Tom Clark Anchor P oint/N inilch ik Term Expires 2007 Lynn Hohl Seward City Term Expires 2005 Bill Hutchinson Ridgeway Term Expires 2007 Jim Isham Sterling Term Expires 2006 Ray Taudainen Northwest Borough Term Expires 2005 ALTERNATES: · Phil Bryson Kenai City Term Expires 2007 Brent Johnson Kasilof/Clam Gulch Term· Expires 2006 A. a. C. Do 5:30 p.m. October 25, 2004 / L~~.~ r;~~O ~ Tentative Agenda P/'-~-~J~c ~' ?;~' k?;~;;,7. ..~, CALL TO ORDER ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, A~S~ ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Altemate Excused Absences a. Ray Tauriainen 3. Minutes a. October 11, 2004 SUBDIVISION PLAT PUBLIC HEARINGS 1. Weilbacher's Retreat KPB 2004-265 [Integrity/Weilbacher] Location: On Kenai River off Big Eddy Road 2. Loyjean Vacation No 1 KPB 2004-266 [Ability/Strutz] Location: South of Ohlson Mountain Road K-Bay APC . Panoramic Estates Subdivision No I KPB 2004-267 [Ability/VVebb] Location: North of Pioneer Rd in Anchor Point Anchor Point APC . Baldwin's Acres NIC KPB 2004-270 [Ability/Smith, Day, Frasier, Ruhle, Schoenrock, Moore, Quale] Location' East of Sterling Hwy in Clam Gulch E. F. G. 5.. Alaska Heights Subdivision 2004 Replat KPB 2004-272 [Johnson/Letzring] Location: East of Sterling Hwy off Pollard Loop Rd. Holiday Park Subdivision No 2 KPB 2004-273 [Johnson/Hoback] Location: North of Funny River Rd in Sterling 7. Bean Creek Subdivision Just Bears Addition No 2 KPB 2004-274 [Johnson/Graham] Location: North of Bean Creek Rd in Cooper Landing 8. Gaede Eighty Addition N° 7 KPB 2004-275 [McLane/Gaede] Location: West of K-Beach Rd off of Gaswell Rd 9. Marysville No 4 KPB 2004-277 [lmhoff/Trimble] Location' West of Sterling Hwy in Anchor Point Anchor Point APC MISCELLANEOUS INFORMATION-- NO ACTION REQUIRED PUBLIC COMMENT ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held November 8, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. 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: plan.ning@borou.qh.kenai.ak, us web site: ~www. b0mugh.kenai.ak, us/planningdept Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dick Troeger Parliamentarian Soldotna City Term Expires 2005 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2005 Lynn H ohl PC Member Seward City Term Expires 2005 William Hutchinson PC Member Ridgeway Term Expires 2007 James lsham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 Ao a. C. KENAi PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET $OLDOTNA, ALASKA CALL TO ORDER October 25, 2004 7:30 P.M. Tentative Agenda ROLL CALL APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (*) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no Separate discussion of consent agenda items unless a Planning Commissioner so requests in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. '1. Time Extension Requests a. Riverwood Subdivision 2000 Addition KPB File 2000-185; Johnson/Riverwood Subd. Homeowners Assoc. Location: Off Ciechanski Road on the Kenai River *2. Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) - None Plat Amendment Request a. Lost Lake Subdivision Canyon Ridge Addition KPB File 2001-025; Integrity/Rough, Davis Location: Seward, Lost Lake Traiihead area *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences a. Blair Martin b. Ray Tauriainen *7. Minutes a. October 11, 2004 Plat Committee Minutes b. October 11, 2004 Planning Commission Minutes Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2005 Max J. Best Planning Director Dale Bagley Borough Mayor D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previoUs arrangements are made.) UNFINISHED BUSINESS- None PUBLIC HEARINGS . Public notice is hereby given that a public hearing will be held to rename existing streets to facilitate the Enhanced 911 Street Naming and Addressing project within the Kenai Peninsula Borough. Renaming right-of-ways that have the same, or a similar sounding, name will enable 911 Emergency Services to respond to emergencies in an efficient timely manner, thereby avoiding delays in providing necessary emergency services. The following streets in the southern, northern, and central peninsula are proposed to be renamed: a. b. .DustY COurt Within~'Four Seasons Subdivision Part One (KN 84-325) Section 17, T7N, R11W, S.M., AK; Location: south of Tirmore Lake, Nikiski; ESN 501; the suffix will be COURT Hi Court within Sterling Heights Subdivision Addn No 1, (KN 76-155), Section 11, T5N R9W, S.M., AK; Location: Robinson Loop Road/Sterling area; ESN 302; the suffix will be COURT Co High Avenue (east of Robinson Loop Road) within McCall Subdivision (KN 76-175), Section 12, T5N R9VV, S.M., AK; Location: Robinson Loop Road/ Sterling area; ESN 302; the suffix will be AVENUE d. High Bush Court within Erlwein Subdivision No. 2 (KN 1794), Poppin Subdivision (KN 72-58), and Birch Hollow Subdivision Part One (KN 78-155), Section 30, T5N, R9W, S.M., Alaska; Location: west of Longmere Lake, Sterling; ESN 302; Proposed to be changed to ERLWEIN ROAD so Highcrest Lane within Patten Subdivision (KN 74-67) and Dutch Landing Subdivision Part One (KN 97-29), Sections 8 and 9, T5N, R9W, S.M., Alaska; Location: off Robinson Loop Road, Sterling; ESN 302; the new suffix will be LOOP g. Highland Street within Porcupine Lake Tract A (KN 75-39), Porcupine Lake Subdivision No. 2 (KN 93-32), and Porcupine Lake Subdivision #3 (KN 2000-66), Section 9, T2N, R12W, S.M., Alaska; Location: off Cohoe Loop Road; ESN 303; suffix will be STREET Elenia Street within Lenhart Subdivision (HM 77-12) Sections 31 and 32, T5S, R14W, S.M., AK; Location: west of the intersection of the Old Sterling/Sterling Highway; ESN 202 and 401; Proposed to be changed to DUSTY STREET. ho Highlander Street within Hill Park Estates Unit 2 (HM 76-72), Section 1, T5S, R14VV, S.M., AK; Location: east of Knob Hill Road, Anchor Point area; ESN 401; the suffix will be STREET. Highline Drive within High Line Acres (HM 74-2197), Section 12, T4S, R14W, S.M., AK; Location: Chakok River/Anchor Point area; ESN 401; the suffix will be AVENUE. . A Resoluti°n Changing the name of the Homer Aquatic Center to the Kate Kuhns Aquatic Center S. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) H. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate that portion of the 30' radius anchor easement outside the 5' clearing easement for overhead distribution to accommodate a portion of a building within Lot 5 Buchanan Subdivision Addition One (Plat KN 76-180), within Section 19, Township 3 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2004-263 SPECIAL CONSIDERATIONS 1. Plat Waiver Application' NE ¼ NW ¼ T01S R12W Sec 25; KPB File 2004- 276; KPBPC Resolution 2004-65; Location' Caribou Hills; Petitioner: Todd ~..Paxton.and Richard Bagley .. ~ J. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review nine plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHEPJNEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS Oo COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED . Comprehensive Plan Public Hearings · Seward Tuesday, October 26 6:30- 9 p.m. Moose Pass Wednesday, October 27 Seward High School Cafeteria 2100 Swetmann Blvd Moose Pass Community Hall 7 p.m. Ninilchik Thursday, October 28 6:30- 9 p.m. Ninilchik School Cafeteria Mile 135 Sterling Highway 2. Touchstone Newsletter FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held November 8, 2004 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory CommissiOn Cooper Landing Anchor Point Meeting Location Cooper Landing Community Hall Visitor's Center Date Time November 10, 2004 7:30 p.m. November 2, 2004 7:00 p.m. November 16, 2004 7:00 p.m. The Kachemak Bay Advisory Planning Commission is inactive at this time. NOTE: Advisory planning commission meetings are subject to change. Please verify the meeting date, location, and time with the advisory planning commission chairperson. Chairperson contact information is on each advisory planning commission website, which is linked to the Planning Department website. CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: Dlannin.a~borou~h.kenai.ak. us web site: www.bomu.qh.kenai.ak, us/planningdept KENAI CITY COUNCIL MeetinE First and Third Wednesday at 7:00 p.m. · Council Member Name and Address Home Business Email Address Term Phone Phone Ends Mayor Pat Porter 283-4348 justpat44~_~hotmail.com 2007 City of Kenai 310 Rogers Road Kenai, AK 99611 Council Member Linda Swarner 283-4366 262-3111 .lswarner~_~acsalaska.net 2005 City of Kenai 298 Rogers Road Kenai, AK 99611 Council Member Joe Moore '283-4610 262-7478 (p) cpajoe@altrogco.com 2007 City of Kenai 262-6107 {f) 1006 Inlet Woods Kenai, AK 99611 Council Member Rick Ross 283-8497 rossrck~_,hotmail.com 2006 City of Kenai 1505 Kittiwake Court Kenai, AK 99611 Council Member Blaine D. Gilman~ 398-0840 283-2600 (p) bdgilman@ptialaska.net 2005 City of Kenai 283-2009 (f) 216 Susieanna Lane Kenai, AK 99611 Council Member Cliff Massie 283-4457 abc l@~ci.net City of Kenai 4575 Kenaitze Court Kenai, AK 99611 ~ , 2006 Kenai, AK 99611 Or mail to' Kenai City Hall: 283-8231 {p) cfreas(_w, ci.kenai.ak.us c/o Carol L. Freas, Kenai City Clerk 283-5068 {f) 210 Fidalgo Avenue Kenai, AK 99611-7794 {10/15/04) i n. : n. i ~:: ~.. ~ N ~ 0 oD. 0 o~ N N 0 0 _. o o o _. · 5' _. o o KENAI, ALASKA 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~.~~ ,o.op,ono.~o~-~-~~,~~:~o~-2~-~o~4 '~111' 1992 Ni MO: FROM' Planning & Zoning Commission Marilyn Kebschull, Planning Administrati DATE' October 20, 2004 SUBJECT: December 22nd Meeting Cancellation Your request to cancel the December 22nd commission meeting has been granted. The appropriate notices will be posted. 210 Fid~lgo ^v~nu~, K~n~i, Alaska 99611-77~4. ~ KENAI, ALASKA MEMO: TO' THRU' FROM' DATE' Planning and Zoning Commission Marilyn Kebschull, Planning Administrator~\~,~'~' Nancy Carver, Planning & Zoning Assistan. t October 21,2004 SUBJECT- Requirements for Home Daycares To clarify City permit requirements and how they compare with State licensing requirements the following is provided. City has two permitting processes · Home Occupation Permits (HOP) o No more than 8 children under the age of 12 including their own o No more than one person employed outside house o No more than 30% gross floor area used for business o Bi-annual Fire inspections o Comply with all state, federal & local government regulations · Conditional Use Permits (CUP) o No more than 12 children under the age of 12 including their own o Compliance with annual CUP reports The State has 5 different levels of providers. All providers are required to provide a safe house for the children, anyone living in the house over the age of 16 must pass a Public Safoty background chock (AS 14.37). Approved Providers o No more than 5 children under the age of 12 including their own. o Of those 5 no more than 4 may be unrelated to provider and no more than 2 under the age of 30 months. o May have no more than 5 children including their own over night. o Must be a provider for 12 months before becoming licensed. Approved Relative Provider o Proved services to grandchildren living in separate residence. o Must meet same requirements as above. Licensed Providers o Must be an approved provider for 12 months. o No more than 8 children under the age of 12 including their own. o May have no more than 5 children including their own overnight. (These providers would require a Home Occupation Permit) Licensed Group Homes o Must be an approved provider for 12 months. o No more than 12 children under the age of 12 including their own. o May have no more than 5 children including their own overnight. o May have staff (This provider would require a Conditional Use Permit) Licensed Centers o Same guidelines as above o 100+ children (Typically operated in General Commercial, Central Commercial and Light Industrial Zones, would not require a Permit)