HomeMy WebLinkAbout2005-08-24 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 24, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
e
*APPROVAL OF MINUTES:
a. *August 10, 2005
3. SCHEDULED PUBLIC COMMENT:
e
CONSIDERATION OF PLATS:
a. PZ05-52 - Preliminary Plat- ROW Easement Vacation (Associated with Government
Lots 94 & 105 located within the SE1/4 Section 34, T6N, R11W). Plat submitted by
Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ05-51 - An application for a Variance Permit for a 17-foot rear yard setback variance
for the property defined as Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4
(1541 Stellar Drive), Kenai, Alaska. Application submitted by Daniel Greene, P.O. Box
2563, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
ge
PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
Agenda
August 24, 2005
Page 2
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. "Zoning Bulletin" (7/25/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
Work Session Immediately Following Regular
Meeting- Development of a Mixed Use Overlay
Zone- Discussion
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
August 10, 2005 - 7:00 p.m.
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission Member so requests, in which case the item will be
removed from the Consem Agenda and considered in its normal sequence on the agenda as
part of the General Orders.
e
*APPROVAL OF MINUTES:
a. *July 27, 2005
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ05-48 - Preliminary Plat- Eagle Bluff Subdivision. Plat submitted by McLane
Consulting, Inc., P.O. Box 468, Soldotna, Alaska.
b. PZ05-49 - Preliminary Plat- Boat Ramp Subdivision (A Resubdivision of Government
Lot 2). Plat submitted by McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska.
c. PZ05-50 - Preliminary Plat- Shill's Estate (A subdivision replat to vacate the 5 lots of
Porter's Acres Subdivision). Plat submitted by Jesse Lobdell, P.O. Box 7517, Nikiski,
Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
7. NEW BUSINESS:
a. November and December Meeting Schedules- Discussion
8. PENDING ITEMS:
a. PZ05-16 - An application to rezone the area known as Tract C, Daubenspeck Property
Subdivision, (170 Bridge Access Road), from suburban residential to general
commercial. Application submitted by John Hammelman, Chair, Planning & Zoning
Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought
back by Administration.)
9. CODE ENFORCEMENT:
10. REPORTS:
Agenda
August 10, 2005
Page 2
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. Zoning Bulletin (7/10/05)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING ~k ZONING COMMISSION
CITY COUNCIL CHAMBERS
AUGUST 10, 2005 - 7:00 P.M.
VICE CHAIR CARL GLICK, PRESIDING
MINUTES
ITEM 1'
CALL TO ORDER
Vice Chair Carl Glick called the meeting to order at 7:00 p.m.
1-a. Roll Call
Roll was confirmed as follows'
Commissioners present:
Commissioners absent'
Others present:
N. Amen, C. Glick, P. Bryson, J. Twa_it, and B.
Eldridge
J. Barrett and J. Hammelman
Administrative Assistant N. Carver and City Clerk C.
Freas
A quorum was present.
X-bo
Agenda Approval
MOTION:
Commissioner Eldridge MOVED for approval of the agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion.
There were no objections. SO ORDERED.
1 'C.
Consent Agenda
MOTION'
Commissioner Amen MOVED for approval of the consent agenda as presented and
requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 2'
APPROVAL OF MINUTES -- July 27, 2005
Approved by consent agenda.
ITEM 3:
SCHEDULED PUBLIC COMMENT-- None.
ITEM 4: CONSIDERATION OF PLATS
PZ05-48 - Preliminary Plat- Eagle Bluff Subdivision. Plat submitted by
McLane Consulting, Inc., P.O. Box 468, Soldotna, Alaska.
MOTION:
Commissioner Bryson MOVED to recommend approval of PZ05-48 with the
incorporation of staff comments. Commissioner Eldridge SECONDED the motion.
Administrative Assistant Carver reviewed the staff report which was included in the
packet. She noted:
· The plat would subdivide 18 lots from an 80-acre parcel.
· All the lots would meet the lot size for the zone.
· With the dedicated right-of-way, a 3.09 acre tract would also be
subdivided from the Kenai Golf Course property.
· On-site water and sewer would serve the lots.
· The lots would need to meet minimum size required by the Alaska
Department of Environmental Conservation (ADEC).
· Lots 17 and 18 would not meet the minimum lot width of 90 feet as
required by the Kenai Municipal Code development standards and an exception would
be required for the minimum width.
· Construction on Lots 17 and 18 would not be allowed in the area not
meeting the minimum lot width requirement (the setback would be measured from the
point in the lot where the lot meets minimum lot width). A note should be placed on the plat.
^ minimum 50 foot radius dimension for the cul-de-sac would be
·
·
required.
Swires Road.
An exception would be required for the resulting dead-end street on
· Utility easements, as required by Code, were not shown on the plat but
would be required at least ten feet on street side of each lot.
· Staff recommended approval with the requirements noted.
Commissioner Bryson asked if the City of Kenai would be signing the plat and Carver
confirmed it would, along with the lessees of the golf course. Bryson asked if any
platting would occur on the golf course tract with regard to this issue and Carver
answered no.
Sam McI,ane, Surveyor-- Reported the following:
· They had been working with the City on the project.
· They initially called the access a wide right-of-way and then considered
an easement. However, with current public safety concerns, it was decided a
dedicated right-of-way would be cleaner.
· A turn-around would be in place for egress.
· Efforts to acquire all the Corps permits had taken some time, however
wetland issues had been resolved and the Corps indicated the remaining permits
would be forwarded in the near future.
PLANNING & ZONING COMMISSION MEETING
AUGUST 10, 2005
PAGE 2
· A ten-foot culvert would be installed due to wetland concerns.
· The developer may do the work in phases due to the cost in crossing the
stream.
· Because of the distance from water/sewer utilities, it was decided to
require on-site water and sewer.
VOTE:
Amen Yes
Hammelman
Eldridge
Absent
Yes
IBarrett
Bryson
Absent
Yes
Glick
Twait
Yes
Yes
MOTION PASSED UNANIMOUSLY.
PZ05-49 - Preliminary Plat- Boat Ramp Subdivision (a Re-subdivision of
Government Lot 2). Plat submitted by McLane Consulting, Inc., P.O. Box
468, Soldotna, Alaska.
MOTION:
Commissioner Eldridge MOVED for approval of PZ05-49 and Commissioner Amen
SECONDED the motion.
Carver reviewed the staff report included in the packet and noted:
· The plat subdivides 6.546 acres from a 31.5-acre parcel.
· The small parcel would not have water and sewer available.
· The smaller lot was identified as the property to be traded for wetland
property to provide additional access to the boat dock.
· Staff recommended approval of the plat.
Bryson asked the size of the tract being traded and Carver indicated 93.13 acres for
the six acres plus $10,000 to even the trade to the appraised values.
VOTE:
Amen Yes
Hammelman Absent
Eldridge
Yes
Barrett Absent Glick
Bi. son Yes Twait
l Yes
Yes
MOTION PASSED UNANIMOUSLY.
PZ05-50- Preliminary Plat- Shill's Estate (a subdivision replat to vacate
the five lots of Porter's Acres Subdivision). Plat submitted by Jesse
Lobdell, P.O. Box 7517, Nikiski, Alaska.
MOTION:
PLANNING & ZONING COMMISSION MEETING
AUGUST 10, 2005
PAGE 3
Commissioner Bryson MOVED to recommend approval of PZ05-50, the Schill's Estate
vacation. Commissioner Eldridge SECONDED the motion.
Carver reviewed the staff report included in the packet and noted:
· The plat would vacate the five lots of Porter's Acres Subdivision to
recreate a government lot.
· Water and sewer was available.
· Access was also available from Haller or Second Street.
· The plat must verify no encroachments.
· Staff recommended approval.
There were no Commission questions or comments.
VOTE:
IAmen
Hammelman
Eldridge
Yes
Absent
Yes
Barrett Absent Glick Yes
Bryson Yes Twait Yes
MOTION PASSED UNANIMOUSLY.
ITEM 5'
PUBLIC HEARINGS-- None.
ITEM ii'
OLD BUSINESS
ITEM 7:
NEW BUSINESS
Discussion -- November and December Meeting Schedules
Carver noted, in reviewing the next few months' meeting calendars the City Clerk
noted the second November Commission meeting would fall on Thanksgiving Day Eve
and the second meeting of December would fall several days after Christmas. The
Commission was asked if they wanted to request the second meetings in November
and December to be cancelled.
A brief discussion took place.
MOTION:
Commissioner Bryson MOVED to request cancellation of the Commission's second
meetings in November and December. Commissioner Amen SECONDED the motion.
There were no objections. SO ORDERED.
ITEM 8-
PENDING ITEMS
-ae
PZ05-16 - An application to rezone the area known as Tract C,
PLANNING & ZONING COMMISSION MEETING
AUGUST 10, 2005
PAGE 4
Daubenspeck Property Subdivision, (170 Bridge Access Road), from
suburban residential to general commercial. Application submitted by
John Hammelman, Chair, Planning & Zoning Commission, City of Kenai,
210 Fidalgo Avenue, Kenai, Alaska. (Tabled until brought back by
Administration.)
ITEM 9:
CODE ENFORCEMENT-- None.
ITEM 10: REPORTS
10=a.
City Council-- No report.
10-b. Borough Planning -- Bryson reported the Commission met on August 8;
the meeting was brief; all items were approved.
10-c. Administration -- Carver noted the following:
· Depending on the length of the August 24, 2005 meeting, a work session
would be held immediately following.
· The Airport Commission would be holding their next work session on
August 25, from 6:00-9:00 p.m.
· A Planning & Zoning Commission work session had been scheduled for
August 31, 2005 beginning at 7:00 p.m.
ITEM 11:
PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 12:
INFORMATION ITEMS
12-a.
Zoning Bulletin (7/10/05)
ITEM 13:
COMMISSION COMMENTS/1~ (~UESTIONS-- None.
Amen thanked staff for the Airport planning assessment report.
ITEM 14:
ADJOURNMENT
MOTION:
Commissioner Eldridge MOVED for adjournment and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED. .
The meeting adjourned at approximately 7:19 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
AUGUST 10, 2005
PAGE 5
STAFF REPORT
To: Planning & Zoning Commission
Date: July 10,2005
Res: PZ05-52
GENERAL INFORMATION
Applicant:
Integrity Surveys
8195 Kenai Spur Highway
Kenai, AK 99611
Requested Action'
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Preliminary Subdivision Plat- ROW Easement Vacation
Associated with Government Lots 94 & 105 within the SE1/4
Section 34, T6N, R11 W, SM, Alaska
309 Highbush Lane & 403 Highbush Lane
04521018 & 04521039
RR- Rural Residential
Vacant & Residential
NR- Neighborhood Residential
This plat vacates a 33-£oot Right-of-Way Easement and replaces it with a 30-foot Utility
Easement. There is a gulley that runs along the backsides of these parcels would make
the future expansion of Kiana Lane unlikely. The properties are zoned rural residential.
Water and sewer are available. An installation agreement will not be required.
Ci_ty Engineer: The extension of Kiana Lane at that location seems highly unlikely. The
utility easement might be needed for a water line extension.
Building Official: No building code issues.
RECOMMENDATIONS
Recommend approval with the following recommendations:
1. Correct street name from Kianna Street to Kiana Lane.
ATTACHMENTS:
1. Resolution No. PZ05-52
2. Preliminary Plat
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-52
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat ROW Easement Vacation was referred to the City of Kenai
Planning and Zoning Commission on August 9, 2005 and received from Integri _ty
Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds'
o
Plat area is zoned RR- Rural Residemial and therefore subject to said zone
conditions.
2. Water and sewer: are available
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai for
the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. Correct Street name to read Kiana Lane
NOW, THEREFOr, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE ROW EASEMENT VACATION
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, AUGUST 24~ 2005.
CHAIRPERSON:
ATTEST:
'ee°3 MOa
auv7 ~lSnq~lBt. H
'eeo3 MO~! ,~'~'
KENAI PENINSULA BOROUG[! PLANNING DEPARTMENT
PETITION TO VACATE
PUBLIC RIGHT-OF-WAY/SECTION LINE EASEMENT
PUBLIC HEARING REQUIRED
Upon receipt of complete application with fees and all required attachments; a public hearing before the Planning Commission
will be scheduled. The petition with all required information and attachments must be in the Planning Department at least
30 days prior to the preferred hearing date. By State Statue and Borough Code, the public hearing must be scheduled within
60 days of receipt of complete application.
[]
[]¸
[]
Fees - $300 non-refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to
vacation fees. - ..........
City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City
Staff Report.
Name of public right-of-way proposed to be vacated is _' dedicated by plat of
Subdivision, filed as Plat No. inRecording
District. ~
Are there associated utility easements to be vacated? [ ] Yes [ ] No
Are easements in use by any utility company; if so which?
Easement for public road or right-of-way as set out in (specie, type of document) as
recorded in Book~ Page__~~_ of the Recording District. (Copy of recorded document
must be submitted with petition)
[]
[]
Section Line Easement. Width of e'dsement must be shown on sketch.
Submit three copies of plat or map showing area proposed to be vacated. Must not exceed 11 x 17 inches in size.
In the case of public right-of-way the submittal must include a sketch showing which parcels the vacated area will
be attached to. Proposed alternative dedication is to be shown and labeled on the sketch.
[ ]Yes D4No
[ ]Yes iX]No
[ ]Yes [ ]No
[ ]Yes [ ]No
[ ]Yes [2(] No
ltas right-of-way been fully or partially constructed?
Is right-of-way used by vehicles/pedestrians/other?
Has section line easement been constructed?
Is section line easement being used?
Is alternative ri?t-of-way being provided?
The petitioner;must provide reasonable justification for the vacation.
Reason for vacating
' Lo& '
The petition must be signed (written signature) hy owners of majority of the front feet of land fronting part of right-of-way
or section line easement proposed to be vacated. Eachj~just include mailing address and legal description of his/her property.
Submitted by: Signature (/1~ U~//~,~
Name ~-'Z'~'~J'Jo'/t/~t~s ~epresentative
Address ~/q~ ~~' ~a ~~ [ ] petitioner
Phone q~ 7- ~ 3-fro q ~
_
Signature
Name
Address !
Owner or
Signature
Name
Address
Petitioners:
Signature
Name
Address
Owner of
Signature
Name
Address
Owner of
OwBer of
VACPF-I'[HI..'ARIlqG REQ REV 06/92; 07/'16; 9/99
STAFF REPORT
To: Planning & Zoning Commission
Date: August 2, 2005
Res: PZ05-51
GENERAL INFORMATION
Applicant'
Daniel Greene
P.O. Box 2563
Kenai, AK 99611
283-0432
1 541 Stellar Drive
Requested Action'
Legal Description'
Street Address:
KPB Parcel No.:
Existing Zoning'
Current Land Use:
Land Use Plan:
ANALYSIS
Variance - Development Requirements Table -
1 7-Foot Rear Setback Variance
Lot 40, Block 4, Redoubt Terrace Subdivision Add. 4
1 541 Stellar Drive
04714048
RS- Suburban Residential
Residential
Neighborhood Residential
General Information:
KMC 14.20.180 details the intent and application process for Variance
Permits. The Code also outlines the review criteria that should be used by
the Planning and Zoning Commission to determine if a variance should be
granted. The Commission shall establish a finding that all of the following
conditions exist as a prerequisite to issuance of a variance permit'
1. Special conditions or circumstances are present which are
peculiar to the land or structures involved which are not
applicable to other lands or structures in the same zoning
district.
2. The special conditions or circumstances have not been caused
by actions of the applicant and such conditions and
circumstances do not merely constitute a pecuniary hardship or
inconvenience.
3. The granting of the variance shall not authorize a use that is not
a permitted principal use in the zoning district in which the
0551 Comment.doc Page 2
1
!
property is located.
The granting of a variance shall be the minimum variance that
will provide for the reasonable use of the land and/or structure.
The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or
zoning district.
Applicant would like to construct a 12' by 20' single story, storage shed in
the rear yard of his residence located at 1541 Stellar Drive. Because the
shed is over 120 square feet, it requires a building permit and must meet
setback requirements. The proposed shed is 240 square feet. The property
is located in the Suburban Residential zone. The setbacks in this zone for a
single story structure are 25-foot front setback, 20-foot rear setback and 5-
foot side setback. The applicant is proposing to construct this shed in the
rear setback, three feet from the rear lot line requiring a 1 7-foot rear setback
variance. The proposed location will meet all other requirements of the
zoning code. (Note the plot plan that was provided shows only three feet
from both the side and rear lot lines; however, the applicant has advised that
he can meet the 5-foot side setback requirement.)
Applicant has' provided a letter with the application explaining the
development constraints of the property and photographs showing the
proposed location, trees, fencing, etc.
To issue the permit, the Commission must determine that the application
meets the following requirements'
Special conditions or circumstances are present which are peculiar
to the land or structures involved which are not applicable to other
lands or structures in the same zoning district. It does not appear
that there are special circumstances involved to this parcel that are
not applicable to other properties in this subdivision.
The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do
not merely constitute a pecuniary hardship or inconvenience. The
applicant purchased this residence and is attempting to construct a
storage shed within the constraints of the location of the house,
trees, and landscaping.
The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property
is located. Sheds are considered an accessory structure and are a
permitted use with a principally permitted structure.
The granting of a variance shall be the minimum variance that will
0551 Comment. doc Page 3
provide for the reasonable use of the land and/or structure. It does
appear that a 17-foot variance is the minimum variance to provide
for reasonable use of the land. The Commission may determine
that it is reasonable due to other development in the area and the
attempt to preserve the trees.
The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or
zoning district. The applicant has noted that the adjoining
properties have sheds in what appear to be the rear setbacks. Even
so, the decision to grant the variance cannot be based on what
may be non-conforming uses.
City Engineer'
Nothing additional.
Buildinq Official:
No building code would be violated by approving the variance.
RECOMMENDATIONS
The applicant is proposing to construct a 240 square foot storage shed and
to locate that shed within three feet of the rear setback. The applicant was
diligent in providing photographic documentation of the issues described in
the attachment to the application.
Kenai Municipal Code 14.20.180 defines the intent of a variance as, "A
variance means the relaxation of the development requirements of this
chapter to provide relief when the literal enforcement would deprive a
property owners of the reasonable use of his real property." In this case, the
applicant has reasonable use of his property and the proposed variance does
not appear to be the minimum to provide for reasonable use of the land.
Recommend denial.
ATTACHMENTS:
1. Resolution No. PZ05-51
2. Application
3. Drawings
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ05-51
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
NAME: DANIEL GREENE
LOCATED 1541 STELLAR DRIVE -LOT 40, BLOCK 4, REDOUBT TERRACE ~ ADD. #4
(Street Address/Legal Description)
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
.
o
o
.
That an application meeting the requirements of Section 14.20.180 (b) has been submitted and
received on: August 2, 2005
This request is located on land zoned: RS - Suburban Residential
Kenai Peninsula Borough Parcel No: 04714048
That the applicant seeks a variance from the specified requirement of the Zoning code:
Development Requirements Table- Rear Setback- 17-Foot Variance
a. Special conditions or circumstances are present which are peculiar to the land or
structures involved which are not applicable to other lands or structures in the
same land use or zoning district.
b. The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
c. The granting of the variance does not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
d. The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure.
e. The granting of the variance is not based upon other non-conforming land uses
or structures within the sale land use or zoning district.
That a duly advertised public heating as required by KMC 14.20.153 was conducted by the
Commission on: August 24, 2005.
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 CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN
SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, AUGUST 24, 2005.
CHAIRPERSON: ATTEST:
08'-,5'i
210 Fidalflo Avenue, Kenai, Alaska 99611-7794
e,ephone:
I{i#Jll, IILJtSI0t
DATE'
APPLICATION FOR VARIANCE PERMIT
KPB PARCEL NUMBER:
PROPERTY ZONING'
I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code)'_
Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits
which is the relaxation of the Development Requirements Table to provide relief when
the literal enforcement would deprive a property owner of the reasonable use of his real
property' 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.
Provide a site plan of the property including location of all existing and
proposed buildings or alterations, elevations of such buildings or
alterations, and such data as may be required.
A Public Notification and heating is required before the issuance of this
permit. A $105.00 non-refundable deposit/advertising fee is required to
cover thes~e notification costs. (Please see attached procedure sheet.)
You are required to post the property in question with a sign advising that
the property is being considered for a variance. You must file an Affidavit
of Posting with this office two weeks prior to the scheduled public
hearing. If this affidavit is not filed, the hearing will not be scheduled.
To approve the requested"variance, the Commission shall establish a finding that all of
__
the following conditions exist as a prerequisite to issuance of a variance permit:
· .Special conditions or circumstances are present which are peculiar to the land or
.... structures involved which are not applicable to other lands or structures in the
same zoning district.
· The special conditions or circumstances have not been caused by actions of the
applicant and such conditions and circumstances do not merely constitute a
pecuniary hardship or inconvenience.
· The granting of the variance shall not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
· The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
· The granting of a variance shall not be based upon other non-conforming land
uses or structures within the same land use or zoning district.
ADDITIONAL COMMENTS'
Reviewed approved by the Planning Commission on
day of
Chairperson' Attest'
August 2, 2005
Daniel Greene
1541 Stellar Drive
Kenai, AK 99611
907-283-0432
Lot 40, Block 4, Redoubt Terrace Subdivision Addition 4
12'x 20' Cold Storage Shed
Request a variance for rear property set back. Property set back has
requirement of twenty feet. Due to location of trees and house already on
property twenty feet isn't feasible. Maintaining set back of twenty feet would
bring shed within twelve feet of house at any location on property. Property
appearance and egress would be greatly limited by constructing in this area.
Side set back of five feet will be maintained. This request is for the rear set back
alone.
Building will be used for cold storage only of personal items. There will be no
water, sewer, gas, or electrical utilities. This would provide a secure area free
from weather and elements for tools, equipment, and personal property that are
otherwise stored outside.
4
.52'
:
ADD'N.
NO. 7
SU:bj:e:¢t ::P:r/oP:e:~Y ....
ADDN
NO. 5
REDOUBT TERRACE
ADD. NO. 3
AGENDA
KENAI CITY COUNCIL- ~ULAR MEETING
AUGUST 17, 2005
7:00 P.M.
KRNAI CITY COUNCIL CHAMBERS
htt~' //www. ci.kenai.ak.us
,
6:00 P.M., Board of Adjustment Hearing -- Appeal of Planning & Zoning
Commission PZ05-35 -- An application to amend a Conditional Use Permit for
Surface Extraction of Natural Resources to allow excavation below the water
table for the property known as Tract Al, Beaver Loop Acres Add No. 1 (2369
Beaver Loop Road), Kenai, Alaska. Application submitted by Patrick j. Doyle,
Beaver Loop Sand & Gravel, 49785 Island Lake Road, Kcnai, Alaska. Appeal
submitted by James A. Krein.
,,
ITEM A: CALL TO ORDER
,,
,
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B:
SCHEDULED PUBLIC COMMENTS (10 minutes)
ITEM C:
UNSCHEDULED PUBLIC COMMENTS (3 minutes)
ITEM D:
,REPORTS, OF KPB ASSEMBLY, LEGISLATORS AND_ COUNCILS
ITEM E:
REPORTS OF KENAI CONVENTION & VISITORR _nUI~E_~U
BO~ ~ KENAI C~BER OF COM~gRClg
ITEM F:
PUBLIC HEARINGS
,
Ordinance No. 2111-2005 -- Increasing Estimated Revenues and
Appropriations by $6,512.22 in the General Fund for Donations Made to
the Officer John Watson Memorial Fund to be Used for the Town Clock.
e
Ordinance No. 2112-2005 -- Amending KMC. 14.22.010 to Allow
Seasonal and Temporary Food Service as an Allowed Use.
,
Ordinance No. 2113-2005 -- Amending the Land Use Table at KMC
14.22.010 to Allow Ret~ Businesse~ Such as Gift Shops and Coffee
Shops in the Education Zone as a Secondary Use.
,
Ordinance No. 2114-2005 -- Amending the Kenai Municipal Code by
Adding 22.05.105 Entitled "Tempor~ Airport Land Sale Moratorium" to
Impose a Temporary Moratorium on the Sale of City Lands Within a
Proposed Airport Reserve Zone, With the Exception That This
Moratorium Shall Not Apply to Lands Already Leased With a Right of
Purchase.
Se
Resolution No. 2005-38 -- Transferring $15,000 in the General Fund to
Purchase Fuel.
e
Resolution No. 2005-39 -- Awarding the Bids for an Airport Pickup for
the Total Amount of $26,791.31 and Two Police Sedans for the Total
Amount of $47,096.60 to Great Bear Ford and the Bids for a Building
Maintenance Van for the Total Amount of $22,487.00 and a Water &
Sewer Cab and Chassis for the Total fu:.ount of $36,321.00 to Hutchings
Chevrolet Cadillac, Inc.
0
Resolution No. 2005-40 -- Award~g the Bid to ACCEL Fire Systems,
Inc. for Multipurpose Facility Arctic Winter Games Fire Standpipe
Installation - 2005 for the Total Amount of $22,334.00.
Resolution No. 2005-41 -- Supporting the City's ApPlication to the
Alaska Department of Environmental Conservation FY 07 Capital
Municipal Match/rig Grant Program for Arsenic Water Treatment
Upgrades.
e
Resolution No. 2005-42 -- Transferring $7,000 in the Air-~ort Land
System Special Revenue Fund for Improvements at the Ah~ort
Operations Facility Requested by the Arctic Winter Games Host Sbciety.
!,TEM G: MINUTES
o
*Regular City Council Meeting of August 3, 2005.
ITEM H:
OLD BUSINESS
~ .1. Discussion -- Conoco/Phillips Multipurpose Facility Naming Proposal.
.~.~,//~,~.,2 _Discussion -- Sale of City Wetlands to The Conservation Fund.
SUSmF. SS
le
2.
3.
4.
Bills to be Ratified
Approval of Purchase Orders Exceeding $2,500
Approval -- Assignments of Leases From Capital Crossing Bank to
MITAK, LLC/Lots 1 and I-A, Aleyeska Subdivision, Part 3.
Approval-- Eagle Bluff Subdivision Plat
Se
Discussion -- Scheduling Board of Adjustment Hearing/Appeal of Denial
of PZ05-46 filed by Jay T & Williams A. Snow.
Discussion -- Set Net Drive L.I.D./City Manager Report to City Council.
Discussion -- City Manager Search Proposal.
ITEM J:
COMMISSION/COMMITTEE REPORTS
,
2.
3.
4.
5.
6.
7.
Council on Aging
Airport Commission
Harbor Commission
Library Commission
Parks & Recreation Commission
Planning & Zoning Commission
Miscellaneous Commissions and Committees
a. Beautification Committee
b. Alaska Municipal League Report
c. Arctic Winter Games
d. Stranded Gas Committee
ITEM K:
REPORT OF THE MAYOR
ITEM L:
ADMINISTRATION I~PORTS
1. City Manager
2. Attorney
3. City Clerk
ITEM M:
DISCUSSION
1. Citizens (five minutes)
2. Council
,EXECUTIVE SESSION- None Scheduled
ITEM N: ADJOURNMENT
MEMBERS:
Mari Anne Gross
Southwest Borough
Term Expires 2008
Mark Massion
'Seldovia City
Term Expires 2006
Todd Petersen
East Peninsula
Term Expires 2007
ALTERNATES:
William Hutchinson
Ridgeway
Term Expires 2007
Ao
Bo
Co
D.
KENAI PENINSULA BOROUGH PLAT COMMITTEE
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
CALL TO ORDER
ROLL CALL
5:30 p.m. August 22, 2005
Tentative Agenda
APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
3. Minutes
a. August 8, 2005
SUBDIVISION PLAT PUBLIC HEARINGS
.
.
.
.
.
Beacon Hill Subdivision No 4
KPB 2005-206
[Johnson/Bras]
Location: Beacon Hill Street in Soldotna Area
Fjords Subdivision No 3
KPB 2005-207
[J oh nson/F erg u s on]
Location: Off Herman Leirer Road in Seward
Tranquility
KPB 2005-211
[Anderson/Stark]
Location: West of East End Road
K-Bay APC
Birch Haven Estates Replat of Tracts 19 & 20
KPB 2005-212
[Ability/Equivest Mortgage/Balai]
Location: North of North Fork Road in Anchor Point
Anchor Point APC
Hubbard's View Subdivision Addition No 1
KPB 2005-213
[Ability/Hubbard]
Location: East of East End Road in Homer
K-Bay APC
o
Westwood Estates Lot 1 Replat
KPB 2005-215
[Ability/Weisser]
Location: City of Homer
Heatherwood Estates Subdivision Number Two
KPB 2005-214
[McLan e/Du kowitz]
Location: Off Miller Loop Road in Nikiski
Telni Subdivision Part 5
KPB 2005-216
[Borderline/Doner]
Location' West of Sterling Hwy in Anchor Point
Anchor Point APC
.
Anchor Subdivision Hill-Soplanda Replat
KPB 2005-218
[Borderline/H ill/Soplanda]
Location' West of Sterling Hwy in Anchor Point
Anchor Point APC
10.
Mackey Lakes Subdivision Rainbow Aviator Addition
KPB 2005-219
[TinkedBias]
Location: North of West Mackey Lake in Soldotna
11.
Bean Creek Subdivision Scott Addition
KPB 2OO5-22O
[Integrity/Scott]
Location: Cooper Landing
Cooper Landing APC
12.
Enders Subdivision
KPB 2005-221
[integrity/Enders]
Location: City of Kenai
13.
Stariski Ridge Estates
Postponed from August 8, 2005 meeting
KPB 2005-188
[lmhoff/Jones]
Location: East of Sterling Hwy in Anchor Point
E. MISCELLANEOUS INFORMATION--NO ACTION REQUIRED
F. PUBLIC COMMENT
G. ADJOURNMENT
NEXT REGULARLY SCHEDULED MEETING
The next regularly scheduled Plat Committee meeting will be held September 12, 2005 at the
Moose Pass Community Hall, Mile 29.5 Seward Highway, Moose Pass, Alaska at 5:30 p.m.
PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY
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' planning~_,borough.kenai.ak.us
web site: www.borouqh.kenai.ak.us/planningdept
Philip Bryson
Chairman
Kenai City
Term Expires 2007
Tom Clark
Vice Chairman
Anchor
Point/Ninilchik
Term Expires 2007
Dr. Rick Foster
PC Member
Homer City
Term Expires 2007
Mari Anne Gross
PC Member
Southwest Borough
Term Expires 2008
Bonnie Heimbuch
PC Member
Soldotna City
Term Expires 2008
Lynn Hohl
PC Member
Seward City
Term Expires 2008
William Hutchinson
PC Member
Ridgeway
Term Expires 2007
James Isham
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
A,
B.
Co
D.
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA
August 22, 2005- 7:30 P.M.
Tentative Agenda
CALL TO ORDER
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,
Oberts Riverview Estates Subdivision
KPB File 2001-104 [McLane/LTO]
Location: Big Eddy Road on the Kenai River
b.
Golf Acres Subdivision Birch Bluff Addition
KPB File 2004-156 [McLane/Cowan]
Location· City of Soldotna
*2.
Plats Granted Administrative Approval
*3.
Plats Granted Final Approval (20.04.070)
*4.
Plat Amendment Request
*5.
Coastal Management Program
a.
Conclusive Consistency Determinations Received from DGC
b. Administrative Determinations
c. Current Reviews
*6. Commissioner Excused Absences
*7. Minutes
a. August 8, 2005 Plat Committee Minutes
b.
August 8, 2005 Planning Commission Minutes
PUBLIC COMMENT/PREsENTATIONS/COMMISSIoNERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are made.)
Todd Petersen
PC Member
East Peninsula
Term. Expires 2007
'.
Ray Tauriainen
PC Member
Northwest Borough
Term Expires 2008
Max J. Best
Planning Director
Dale Bagley
Borough Mayor
Eo
F,
UNFINISHED BUSINESS - None
PUBLIC HEARINGS
Rename existing streets in conjunction with the Enhanced 9-1-1 Street
Naming and Addressing Project within the Kenai Peninsula Borough. Streets
under consideration at this meeting are described as follows'
a.
Louise Avenue within Mayoni Subdivision (KN 76-177), Soldotna
Heights Estates Subdivision (KN 78-94), Shirley Heights Subdivision
(KN 91-55), Mahan Subdivision (KN 2004-58), Section 23, T5N,
R10W, S.M., AK; and Shady Grove Estates Subdivision Amended
(KN 79-10), Section 26, T5N, R10W, S.M., AK; Location: off North
Boundary Street, Soldotna area; ESN 302; Reason for change:
duplicate name; Proposed to be renamed Ken May Avenue
bo
Silver Avenue (shown as Silver Run Place - southern segment)
within Hodgson Sub (K 1382)and Tachick Subdivision Resubdivision
of Tract C (KN 79-112), Section 30, T5N, R10W, S.M., AK; Location:
between Spruce Avenue and Knight Drive, Soldotna area; ESN: 302;
Reason for change: formally rename to Silver Run Place.
do
Big Valley Avenue (west of the Sterling Highway) within Big Valley
Subdivision (KN 78-77), Section 5, T3S, R14W, S.M., AK; Location:
approximately Mile 143 Sterling Highway, Ninilchik area; ESN 451;
Reason for change: duplicate name; Proposed to be renamed
Christopher Circle
Dallas Drive within Briggs Acres (KN 79-137), Section 3, T7N,
R11W, S.M., AK; Location: west of Barbara Lake, Nikiski; ESN 501;
Reason for change: suffix correction; Proposed to be renamed
Dallas Court
,
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Dallas Drive within Thomas Subdivision (K 1679), Section 4, T7N,
R11W and Briggs Acres (KN 79-137), Section 3, T7N, R11W, S.M.,
AK; Location: west of Barbara Lake, Nikiski; ESN 501; Reason for
change: suffix correction; Proposed to be renamed Dallas Avenue
Ordinance 2005-13; Amending KPB 21.26.030 (A) (3) to clarify conditions for
Material Site Permits.
,
Resolution 2005-35; Conditional Land Use Permit for material extraction in
the Sterling area; KPB 06516052: NW ¼ NE: 1/4, S14, T05N, R08W, S.M.,
AK, 40 acres; KPB 06516064:NE1/4 NEll4, excl. that parcel per w/d 85 @
86, S14, T05N, R08W, S.M., AK, 38 acres; Applicant & Owner: Robert
Breeden
o
o
.
Resolution 2005-36; Conditional Land Use Permit for material extraction in
the Cohoe area. KPB 13725040, Lot 24 Cohoe Corners, S01, R12W, T02N,
S. M., AK, 1acre m/I; Applicant & Owner: Jeff Tubbs
A Resolution authorizing the continued rental of office space in the Red
Diamond Center for the Community and Economic Development Division
Ordinance 2005-35; Authorizing the negotiated sale at fair market value of
Lot 1 McBride Subdivision, Seward, Alaska, to Deal Carl.
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L,
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Ordinance 2005,34; Amending KPB 17.10.030 Regarding Acquisition of
Land and Resources
ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18)
A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 20-
foot by 20-foot pile supported deck within 37 feet of the slough. This project
is located on a slough of the Kenai River near the left bank at River Mile
14.9, located on Lot 7, Block 7, Castaway Cove Amended Subdivision,
Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D.' 055-254-17).
,
A Conditional Use Permit Pursuant to KPB 21.18 for the construction of a 20-
foot by 20-foot pile supported deck within 38 feet of the slough. This project
is located on a slough of the Kenai River near the left bank at River Mile
14.9, located on Lot 8, Block 7, Castaway Cove Amended Subdivision,
Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel I.D · 055-254-16).
VACATIONS NOT REQUIRING A PUBLIC HEARING - None
SPECIAL CONSIDERATIONS
.
Bldg. Setback Exception; Pepper-Markis Subdivision Tract B; KPB 2005-208;
KPBPC Resolution 2005-31; Petitioner: Chris Lopez; Location' Off Rex's
Road in Soldotna
,
Bldg. Setback Exception; Barbara Heights Subdivision Lot 5 Block 17; KPB
2005-209; KPBPC Resolution 2005-32; Petitioners: Michel and Elizabeth
Bieri; Location: Seldovia
,
Bldg. Setback Exception; Lakeshore Estates Subdivision; KPB 2005-222;
KPBPC Resolution 2005-34; Petitioners' Gerald F & Susan A May; Location'
Off Island Lake Road in Nikiski
SUBDIVISION PLAT PUBLIC HEARINGS
.
The Plat Committee is scheduled to review 13 plats.
COASTAL MANAGEMENT PROGRAM CONSIDERATIONS
OTHER/NEW BUSINESS
ASSEMBLY COMMENTS
DIRECTOR'S COMMENTS
COMMISSIONER COMMENTS
PENDING ITEMS FOR FUTURE ACTION
ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Commission meeting will be held August 22, 2005 at
the Moose Pass Community Hall, Mile 29.5 Seward Highway, Moose Pass, Alaska at 7:30
p.m. PLEASE NOTE LOCATION CHANGE FOR THIS MEETING ONLY
ADVISORY PLANNING COMMISSION MEETINGS
Advisory Commission
Cooper Landing
Anchor Point
Moose Pass
Meeting Location
Cooper Landing Community Hall
Anchor Point
Chamber of Commerce Office
Moose Pass Community Hall
Date Time
September 14, 2005 7:30 p.m.
September 6, 2005 7:00 p.m
September 20, 2005 7:00 p.m
. September 7, 2005 '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: planning@borough.kenai.ak.us
web site: www.borouqh.kenai.ak.us/planningdept
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