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HomeMy WebLinkAbout2005-05-11 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS May 11, 2005 - 7:00 p.m. le 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. *April 27, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-21 - A resolution of the Kenai Planning & Zoning Commission recommending to the Council of the City of Kenai, the renaming of an existing street. Resolution recommends renaming of Bluebell Lane to Yarrow Lane to eliminate a duplicate street name as part of the 911 Street Naming and Addressing Project. b. PZ05-22~An application for a variance permit to build 4-foot into the required 30-foot rear setback for the property known as 8170 Kenai Spur Highway (Government Lot 21), Kenai, Alaska. Application submitted by Kenai Seventh Day Adventist Church, P.O. Box 1529, Kenai, Alaska. c. PZ05-23 - An application for an encroachment permit for front, side, and rear setbacks for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Komers Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. d. PZ05-24 - An application for a variance for lot coverage for the property known as 313 Kulila Place (Lot 11, Block 2, Kaknu Komers Subdivision), Kenai, Alaska. Application submitted by Brian & Jolynn Young, 313 Kulila Place, Kenai, Alaska. e. PZ05-25 - An application for an encroachment permit for a side setback for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. f. PZ05-26- An application to amend Conditional Use Permit PZ96-9 from lodging to hotel for the property known as 1105 Angler Drive (Lot 6, Angler Acres Subdivision Part 3), Kenai, Alaska. Application submitted by Bryan Lowe, 1105 Angler Drive, Kenai, Alaska. Agenda Page 2 May 11, 2005 6. OLD BUSINESS: 7. NEW BUSINESS: a. Review and approval of permanent improvements to Lot 5, Block 1, Gusty Subdivision, Addition # 1, Patrick Doyle, lessee. b. Consents to Assignments (Robert Bielefeld to Kenai Aviation Leasing Company, LLC) and Consents to Subleases (Kenai Aviation Leasing Company LLC to Kenai Aviation, Inc.) - Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron- Review and Approval. 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 b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin"-April 25, 2005 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS April 27, 2005 - 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. 2. *APPROVAL OF MINUTES: a. *April 13, 2005 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ05-13 - An application for an Encroachment Permit for an 11-foot side yard encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View Subdivision (1308 Barabara Drive), Kenai, Alaska. Application submitted by Greg & Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska. b. PZ05-17 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320(b) be amended to add a definition for "lot coverage." c. PZ05-18 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska supporting passage of an amendment to the definition of "parking space, private" in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine (9) feet wide. d. PZ05-19 - An application for a Conditional Use Permit to operate a seasonal coffee kiosk for the property located at 4905 Silver Salmon Drive (KN T05N R1 OW S07 PTN N1/2 NE1/4 & GLS 1 & 9 & SE1/4'NE1/4 LYING WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ05-20 - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court, Kenai, Alaska. 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: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin"- March 25, 2005 b. State of Alaska ACMP Review- Kenai River Mile 3.5, Mooring Buoy (Gillies) 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING ~ ZONING COMMISSION CITY COUNCIL CHAMBER~ APRIL 27, 200~ - 7:00 P.M. CHAIR ,JOHN HAMMELMAN, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Hammelman called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: N. Amen, J. Barrett, C. Glick, J. Hammelman, P. Bryson, J. Twait, B. Eldridge Others Present: City Planner Kebschull and Contract Secretary B. Roper 1-b. Agenda Approval Chair Hammelman requested the following items be added: ADD TO: Item SA, Aerial Photo Item 12C, KEDS Work Plan Item 12D, Kenai Municipal Airport Supplemental Planning Assessment Meeting Schedule MOTION: Commissioner Glick MOVED to approve the agenda adding the lay down items provided before the meeting and requested UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Eldridge MOVED to approve the consent agenda and requested UNANIMOUS CONSENT and Commissioner Amen SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- April 13, 2005 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS-- None. ITEM 5: PUBLIC HEARINGS PZ05-13 - An application for an Encroachment Permit for an 11-foot side yard encroachment for the property known as Lot 5, Ruby's Dazzling Scenic View Subdivision (1308 Barabara Drive), Kenai, Alaska. Application submitted by Greg & Cathy Zorbas, 1308 Barabara Drive, Kenai, Alaska. Kebschull noted the following: · This was an application for an 11-foot side lot encroachment and noted the comments included in the packet provided a history of the issue. The encroachment was discovered last August by the Building Official and the property owner was notified that he needed to apply for a building permit. · When the application and the as-built were received, the encroachment was apparent and an updated as-built was required. · In October, after receiving the updated as-built, it was realized the structure was built in the easement and in such instances code does not allow processing the application. was granted in February and the encroachment application process began. · Staff believes, if this application was applied for as a variance, it would not have met the criteria and recommended the application be denied. If the Commission decides to approve the application, there were other issues needing to be considered to include the property owner applying for a building permit for the carport. · Additionally, a shed on the lot was built without a building permit and it is crossing a lot line. · Staff recommended the encroachment permit not be granted until the shed is removed and the building permit is obtained. Chairman Hammelman opened the public hearing. Greg Zorbas, 1308 Barabara Drive, Kenai, Alaska -- Mr. Zorbas noted the following' · He didn't begin the process with the adage of "build it first and then ask for forgiveness." · Stressed he didn't believe the structures required a building permit. · Provided a drawing depicting his property on an erasable board and noted it was not to scale. · Indicated his neighbor had no problem with the encroachment and also noted there were no written objections issued. · Stated he didn't know who set the parameters for lot sizes, but the lots in his subdivision are 100-feet wide and noted the reason for this was the person who had the section of land was able to get more money with eight one-acre lots. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 2 · Stated the rural residential zone does not match with the subdivision especially if 15-feet is taken away for setbacks; that would only give him 70 feet to work with. His house is 50-feet wide so he can't legally put a 12 x 12 shed next to his house because it would encroach into the setback. · Noted staff recommended the carport be put out by Barabara and pointed out on his drawing where his driveway and septic were located, stating the carport would have to go all the way out fronting Barabara. He expressed concern with his carport being close to Barabara because of a theft of his truck. · Showed and explained photographs of his property (Note: the photographs were not left as part of the record) and stated he believed he maintained the integrity of the neighborhood and made every effort when building his house. · He pointed out the areas where he kept trees on his property and indicated he removed three trees to put up his carport, addung if it were to be relocated to front Barabara, he would be forced to remove 20 or 30 trees off his lot. · His property looks good, it doesn't bother his neighbors, and he believes the carport is better than a fence which would be very intrusive and non-rural. Commissioner Bryson asked if the structure was an open carport and if it was Mr. Zorbas' intent to maintain it as such with no wall construction. Mr. Zorbas replied that it was. Commissioner Barrett, reviewing the aerial photograph, asked if looking toward the house from the road if the white building was his neighbor. Mr. Zorbas confirmed that it was. Bryson asked that no other structure construction be permitted on the side setback unless it conformed to the zoning, adding the setback itself is not proposed to be eliminated so it would still exist. Zorbas stated, he believed his home is skewed the wrong way; noting the lots run on a diagonal and when the house was built it was supposed to be set the same way, however he just noticed the house sits as he had drawn it on the board. Zorbas added, he believed only one corner of the shed is encroaching, not the five feet noted. Zorbas stated he would move the shed if necessary, but he would need both the shed and carport in the 15-foot setback because there is no other room. Zorbas expressed his desire to not spend anymore funds to go through this process again. Public hearing was closed. MOTION: Commissioner Glick MOVED to approve PZ05-13 including the three items recommended by staff. Commission Eldridge SECONDED the motion. PLANNING as ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 3 Bryson stated, conceptually he supports the proposal concerning the carport if it remains an open structure, but he was less comfortable with the shed, adding because it is portable, it could be relocated. Eldridge noted the lots are very small and from the aerial photo, the structure was right on the property line and not on top of another house or structure. Commissioner Amen asked what the square footage should be to require a building permit and Kebschull replied, 120 sq. feet. Amen stated the owner had to know the size of the property when he purchased it. Bryson offered a motion to amend to remove the shed and requiring it to be relocated to a conforming area, however when it was noted that requirement was included in the main motion, he withdrew his motion. Kebschull noted for the record Bryson's concern about adding on to the carport and the application was for a permit for an 11-foot encroachment, which would not limit Zorbas from enclosing the structure unless there is an amendment to say the structure must remain a carport. MOTION TO AMEND: Commissioner Bryson MOVED to amend the main motion to require that no additional construction be performed on the carport that would modify it to a walled structure. Commissioner Glick SECONDED the motion. VOTE ON MOTION TO AMEND' Amen Yes Barrett Yes Glick Yes Hammelman Yes Yes Twa_it Yes Eldridge No Bryson MOTION PASSED. Amen asked how difficult it would be to monitor and enforce as the years go by. Bryson acknowledged the adjacent property owner had not responded negatively in writing to the proposal. VOTE ON MAIN AMENDED MOTION' Amen No Hammelman Yes Eldridge Yes Barrett Yes Glick Yes Bryson Yes Twait Yes MOTION PASSED. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 4 Hammelman explained the 15-day appeal process. PZ05-17 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska requesting that KMC 14.20.320{b) be amended to add a definition for "lot coverage." Kebschull explained the proposed resolution would clean up the code by defining lot coverage in the Development Requirements Table. Chairman Hammelman opened the public hearing. There being no comments, the public hearing was closed. MOTION: Commissioner Eldridge MOVED to approve PZ05-17 and Commissioner Bryson SECONDED the motion. Amen asked if a non-permanent structure would be an 10 x 12 storage shed. It was confirmed that was correct. Amen asked if this would allow one to install ten of the sheds on their property and Kebschull replied it would.' Hammelman asked if there was a limit on the number of structures and Kebschull responded, all of the sections of the code that determine lot coverage would be considered. Kebschull added, the 120 sq. ft. is referred to in the code. VOTE: Amen Yes Hammelman Yes Eldridge Yes IBarrett Bryson Yes Glick Yes Yes Twait Yes MOTION PASSED UNANIMOUSLY. PZ05-18 -- A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska supporting passage of an amendment to the definition of "parking space, private" in KMC 14.20.320 to exclude garages and to require such parking spaces be at least nine (9) feet wide. Kebschull explained, the proposed amendment to the code would further define what a private parking space is and to exclude using garages as part of the two required parking spaces for residential homes. Kebschull noted the resolution also included the Commission's recommendation the spaces be nine feet wide. Hammelman opened the public hearing. There being no comments, the public hearing was closed. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 5 Eldridge noted there were several public places that may not meet the new definition and Kebschull responded, the new requirement would come into play if a use changed or for new construction. VOTE: Amen Yes Hammelman Yes Eldridge Yes Barrett Yes Glick Yes Bryson Yes Twait Yes MOTION PASSED UNANIMOUSLY. 5-do PZ05-19 -- An application for a Conditional Use Permit to operate a seasonal coffee kiosk for the property located at 4905 Silver Salmon Drive (KN T05N R10W S07 PTN N1/2 NE 1/4 & GLS 1 & 9 as SE1/4 NE 1/4 LYING WEST OF SPUR HWY & EAST OF KENAI RIVER & N&W OF SILVER SALMON RD EXCLUDING ILIAMNA VIEW SUB & OBERTS PILLARS SUB ADDN ONE & OBERTS PILLARS SUB PART TWO & THAT PARCEL DESCRIBED), Kenai, Alaska. Application submitted by Leslie Hall dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska. Kebschull explained the application and noted staff recommended approval. Hammelman opened the public hearing. Leslie Hall, dba The Arctic Fox, 44515 Gene Street, Kenai, Alaska -- Ms. Hall explained the kiosk would be located on her son's property and gave an overview of her business plan. Hall noted the business would be seasonal. There were no further comments, and the public hearing was closed. Bryson asked if a dumpster could be located in the area rather than hauling trash every day and Hall replied, the decision to not put a dumpster in was because anglers would be tempted to put their fish waste in them, which would be more attractive to bears, etc. MOTION: Commissioner Eldridge MOVED to approve PZ05-19 including staff recommendations items 1 through 4 and Commissioner Amen SECONDED the motion. Bryson noted the location was ideal for such a business. Amen asked what happened to the conditional use permit when the business ceases and Kebschull explained, the permit would be revoked if business ceased for 12 consecutive months. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 6 VOTE: Amen Yes Hammelman Yes Eldridge Yes IBarrett Bryson Yes Glick Yes Yes Twait Yes MOTION PASSED UNANIMOUSLY. ITEM 6' OLD BUSINESS-- None. ITEM 7: NEW BUSINESS *PZ05-20 - An application for a Home Occupation Permit for a daycare for the property known as Lot 3, Block 2 Deepwood Park Subdivision Amended (106 Wooded Glen Court), Kenai, Alaska. Application submitted by Tanya Erwin, 106 Wooded Glen Court, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS 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.) Kebschull stated the Airport Commission had several meetings planned, and it was doubtful there would be any input from them until late summer. Eldridge referred to the KEDS Work Plan he provided prior to the meeting and suggested a work session be scheduled to review it as well as the Airport Commission plans. ITEM 9' CODE ENFORCEMENT-- None. ITEM 10: REPORTS 10-a. City Council-- No report. 10-b. Borough Planning-- Commissioner Bryson provided a report on actions taken at the April 25, 2005 Borough Planning meeting which was held in Homer. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 7 10-c. Administration -- Kebschull reported the following: · She reviewed the Borough's Comprehensive Plan for the City and noted the section on erosion did not include the City of Kenai's bluff erosion problem. · Reminded the Commission the aerial drawings are shifted with parcel lines and can only be used as a general tool. She reiterated, the drawings were not at all specific and noted the dwelling next to the Zorbas lot is almost centered in their lot, not close to the property line as the drawing depicts. Kebschull asked the Commission to keep that in mind when reviewing the aerials. · Referring to PZ05-13, noted the lots are long and thin, however, that lot meets and exceeds the minimum lot size in a rural residential zone and if 90-feet is not wide enough, then perhaps it should be changed. · The last airport meeting was not a typical meeting but the future meetings should be more informative. It was noted the next meeting is scheduled for May 12 at 6:00 p.m. ITEM 11' PERSONS PRESENT NOT SCHEDULED -- None. ITEM 12: INFORMATION ITEMS 12-a. 12-b. "Zoning Bulletin"- March 25, 2005 State of Alaska ACMP Review- Kenai River Mile 3.5, Mooring Buoy (Gillies ITEM 13' COMMISSION COMMENTS ~ QUESTIONS Commissionner Eldridge stated the KED's Work Plan provided is the final draft and it had been presented to City Council. Eldridge suggested the Commission schedule a work session after the May 25th regular meeting. Kebschull reported she would not be present at that meeting and there would be a temporary clerk attending, and suggested another date would better. Eldridge suggested the first meeting in June and Kebschull advised no action by the Commission should be taken on the KEDS Work Plan until it was approved or accepted by City Council. Hammelman requested the item be put on the agenda for the June 8th meeting to be discussed at that time. Kebschull asked if the Commission would check their schedules to determine if there would be a quorum for the May 25th meeting. She added, if there would not be, there would be time to request the meeting be cancelled. ITEM 14' ADJOURNMENT MOTION: Commissioner Eldridge MOVED to adjourn and Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 8 The meeting adjourned at approximately 8'00 p.m. Minutes transcribed and prepared by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING APRIL 27, 2005 PAGE 9 KENAL ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-21 A RESOLUTION OF THE KENAI PLANNING & ZONING COMMISSION RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, THE RENAMING OF AN EXISTING STREET. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, the Kenai Peninsula Borough is researching street names for the 911 Street Naming and Addressing Project, and WHEREAS, the Kenai Peninsula Borough found two streets with the identical name of Bluebell Lane, and WHEREAS, the Kenai Peninsula Borough has requested that the City of Kenai consider renaming Bluebell Lane because it is an undeveloped, vacant street, and WHEREAS, Administration requested the Kenai Peninsula Borough recommend names to prevent a recommendation of another possible duplicate name and to provide recommendations to fit the scheme of other names in the subdivision, and WHEREAS, the Planning & Zoning Administration is responsible for addressing all parcels within the City of Kenai, and WHEREAS, the following street name is recommended' CURRENT NAME Bluebell Lane RECOMMENDED OFFICIAL NAME Yarrow Lane LOCATION OF CHANGE From Orchid Lane to Alpine Avenue NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA RECOMMENDS TO THE COUNCIL OF THE CITY OF KENAI ADOPT THE OFFICIAL STREET NAME AS NOTED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 11th day of May, 2005. CHAIRPERSON' ATTEST: LILAC LN -- / 20' ALLEY SITKIN (: AKUTAN ( SPUR DR From: Jacqueline D. Bock [jackieb@acsalaska.net] Sent: 21 April, 2005 6:43 PM To: Marilyn Kebschull Cc: Sean Wilson; Tim Wilson Subject: Bluebell Lane rename Importance: High Dear Ms. Kebschull; I am writing to express my adamant disapproval of the prpposal by the City of Kenai Planning and Zoning Commission to change Bluebell Lane to Yarrow Lane. The name change is not acceptable. The street in question has been named Bluebell Lane for over 30 years. My family and I have owned the connecting 20 acres since prior to Alaska's Statehood. If you will kindly check your records you will fred that Bluebell was built for and because of my family - Iona Wilson and children, Tim, Jackie' and Sean, No one has lived at Bluebell Lane but my family, the Wilson Family. Consequently, I feel ownership of that narne and indignation regarding the proposed name change. I would appreciate it greatly if the City of Kenai Planning and Zoning Commission would change the name of other street and leave MY Bluebell Lane as Bluebell Lane now and always. The only acceptable option is for th Commission to change the name of Bluebell Lane to Iona Lane in honor and remembrance of the woman who homesteaded there. Dr. Jacquelme Bock 506 Pine Avenue Kenai, Alaska 99611 "One's philosophy is not best expressed in words; it is expressed in the choices one makes...and the choices we make are ultimately our responsibility." -Eleanor Roosevelt From: Sean Wilson [dale3fan@alaska.net] Sent: 23 April, 2005 6:36 AM To: Marilyn Kebschull Subject: Bluebell Lane Dear Ms. Kebschull, Changing the name of Bluebell Lane to Yarrow lane is completely unacceptable. This street has been Bluebell for 3( years and was constructed for the Wilson family. Nobody has ever lived down this street BUT the Wilson family and nobody else ever will. The Wilson family still owns the 20 acre homestead that the street was constructed for. If you name a street Yarrow Lane, find some other one. If you must change the name of OUR Bluebell Lane, Change it to Lane in remembrance of the pioneer, Iona Wilson, who homesteaded this property before Statehood. M. Sean Wilson STAFF REPORT To: Planning & Zoning Commission Date: April 15, 2005 Res: PZ05-22 GENERAL INFORMATION Applicant: Kenai Seventh-Day Adventist Church P.O. Box 1529 Kenai, AK 99611 283-3474 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: Variance- Rear Setback Government Lot 21 8170 Kenai Spur Highway 04518014 RR- Rural Residential Church RR- Rural Residential ANALYSIS 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 property is located. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. 5. 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. 0522 Comment.doc Page 2 The applicant would like to construct an addition on to the existing church at this location. The proposed addition encroaches 4-feet into the rear setback. Applicant is requesting a variance to allow building 4-feet into the rear setback. Churches require 30- foot setbacks from adjoining streets or property lines. This property is located in the Rural Residential zone and the rear setback for all other uses in this zone is 20 feet. The proposed addition would be located approximately 3.2 feet into the required setback and approximately 26.8 feet from the rear lot line. The request for four feet is to allow for minor deviations during construction. (Note: The property is currently addressed off the Kenai Spur Highway but accessed off Swires Road. The Building Official will be readdressing this property off Swires Road, thus the rear setback variance.) The applicant's contractor met with the Building Official and verified proposed addition would meet the required 30-foot setbacks on all other sides. An as-built survey of the property dated January 9, 1990 shows the plans for the current structure located on the parcel. Using that as-built, the architect prepared a site plan for the addition. Copies of these two documents are attached. There are a 33-foot section line easement along Swires Road and a 30-foot fight-of-way along Wyatt Way. Swires Road is constructed on the east half of the section line easement. The easement and right-of-way provide additional setback for the structure. The approve the variance, the Commission must determine that the request meets the criteria stated in KMC 14.20.180: · 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. o Foomote 10 in the Land Use Table that states churches are permitted in the Rural Residential Zone "Provided that no part of any building is located nearer than thirty (30) feet to any adjoining street or property line." This setback is greater than normally required for permitted uses in the zone. · 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. o According to the Kenai Peninsula Borough's records, this church was built in 1978 prior to the City assuming zoning powers in 1984. The zoning code in effect in 1978 showed the required 30-foot setback for churches in the Rural Residential zone. The proposed addition to the church has been planned for an extended period of time and the applicants were not aware of the special setback requirement for churches. · 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. o The variance is not based on other non-conforming land uses in the 0522 Comment.doc Page 3 district and is unique to setback requirements placed on church developments in residential zones. 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. o Churches are allowed in residential zones. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. o The 4-foot variance appears minimal in light of the required 30-foot variance and the 33-foot section line easement that exists in addition to the setback requirement. City Engineer: Parking, drainage, & snow storage remain adequate. Building Official: No building code issues. RECOMMENDATIONS Based on the application, it appears that the requested variance meets the requirements of the Kenai Municipal Code. The additional setback requirements for churches are intended to allow for development within residential zones but to maintain the density, separation requirements of the residential zones. In this particular case, with the additional 33-foot section line easement, it does not appear that a 4-foot variance will violate the integrity of the residential zone. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ05-22 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-22 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHOR]ZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Kenai Seventh-Day Adventist Church LOCATED 8170 Kenai Spur Highway- Government Lot 21 (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: . . . . That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on: April 15, 2005 This request is located on land zoned: RR- Rural Residential That the applicant seeks a variance from the specified requirement of the Zoning code: 14.24.020 - Development Requirements - Rear Yard Setback (4-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 hearing as required by KMC 14.20.153 was conducted by the Commission on: May 11, 2005 Applicant must comply with all Federal, State, and local regulations. Additional Requirements: 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, MAY 11, 2005. CHAIRPERSON: ATTEST: KENAI, ALASKA DATE: 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 · - 1992 APPLICATION FOR VARIANCE PERMIT MAILING ADDRESS STREET ADDRESS' LEGAL DESCRIPTION: KPB PARCEL NUMBER' ~t '~- i ~ 0 IL/ PROPERTY ZONING: I,AM ~REQUESTING A VARIANCE FROM (State section of Kenai.,Municipal Co,de):_ 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 ,~,AD 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. ge 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.) 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 heating. 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: Applicant's Signature: Reviewed approved by the Planning Commission on day of Chairperson: Att est: gMeter Pole Co.c, s ,iii ' _~~ //~ -,,-,. ~, i t._/~o,c." Wall L~f~ ( Station Vent Parking Area Pole . rn '13 K~NAI 'SI~U~ I"IlGhlWA y I WYATT WAY KLAUDER & COMPANY__. SEVENTH "~';" 'tii'-',°,,, ARCHITECTS, INC. DAY ADVENTIST CHURCH Kenai, Alaska 99611 Tel (907) 283-1919' Fax (907) 283-0450 Kenai, Alaska 99611 :: klauder(~alaska.net o~c~. . (907) 262-7347 "'~; " NC]C]' q~lOOIAI % % % % N-I HSnSHDIH /--"- i.,~1 .o,i I0 NVOINNV'd8 lO NOO~VHS N'I N=I^VH ),.LSII,fl STAFF REPORT To: Planning & Zoning Commission Date: April 18, 2005 Res: PZ05-23/PZ05-24 GENERAL INFORMATION Applicant: Brian & Jolynn Young 31 3 Kulila Place Kenai, AK 99611 283-5859 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Encroachment Permit - Front, Rear & Side Setback Variance - Lot Coverage Lot 11, Block 2, Kaknu Korners Subdivision 31 3 Kulila Place 04513017 RS- Suburban Residential Residential Neighborhood Residential ANALYSIS General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit' · . ! An encroachment as defined in KMC 14.20.1 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. 0523 Comment.doc Page 2 In December 2004, the City of Kenai received notice that the owner of this property had applied to the Kenai Peninsula Borough to vacate a portion of the ten-foot utility easement on the rear of this property. The vacation was being requested because the residence had been built into the easement and the owner was attempting to sell the home. On December 13, 2004, the Kenai Peninsula Borough Planning Commission granted the vacation. When the City received notice of the vacation application, the property owner was advised that the as-built showed encroachments that must be remedied. The structure encroaches 13.5-feet into the rear setback, 3.6-feet into the front setback, and .7-feet into one side setback. In January, a second letter was sent to the owner of record advising that they must apply for an encroachment permit and that if the property had sold, they should notify the new owner of the requirement. In April, the Kenai Peninsula Borough's ownership data showed the property had sold to the applicant. The applicant was notified of the encroachments. The applicant contacted the City upon receipt of the letter and advised the realtor was supposed to have submitted the application. On April 13th, Glenda Feekin of Remax submitted the application for the owners and posted the sign on the property. This house was built in 1984. The original building permit showed the setbacks as 25-foot front, 20-foot rear, and a 5-foot side setback. The as- built shows encroachments into the front, rear and one side setback. The application meets the criteria listed in KMC 14.20.1 85(a). While processing the encroachment application, it was discovered that the structure does not meet the City's requirement for lot coverage. According to the Borough's records, the structure is 3,086 square feet. The lot is .2 acres, 8,712 square feet. The code would allow a 2,614 square foot structure. The 3,086 square foot structure is approximately 35 percent lot coverage. A research of zoning codes back to 1975 confirmed that the lot coverage was 30 percent when the building permit was issued. Based on this discovered, the applicant was asked to include an application for a variance for lot coverage. City En.qineer: Lot coverage appears to be approximately 33 to 35 percent. 0523 Comment.doc Page 3 Buildinq Official' No building code issues. RECOMMENDATIONS This house was constructed over 20 years ago. It is unknown why the encroachments were not discovered previously. The City has received no complaints due to the residence's placement on the lot. With the utility easement vacation granted by the Borough, the application meets the criteria for an encroachment permit. Recommend approval of the encroachment permit. Further, administration recommends that a variance for lot coverage be granted. It appears that the original building permit when issued allowed the violation of the lot coverage requirement. Again, this house was constructed in 1984 and the City has received no complaints due to the location of the house on the lot. The applicant also owns the adjoining Lot 10 and may want to consider combining Lots 10 and 11 eliminating the lot coverage issue and the side encroachment. Recommend approval of variance for lot coverage. ATTACHMENTS' · Resolution No. PZ05-23/PZ05-24 Application As-built Survey KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-23 ENCROACHMENT PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Brian & Jolynn Youne USE 13.5-Foot Rear Setback~ 3.6-Foot Front Setback & .7-Foot Side Setback LOCATED 313 Kulila Place - Lot 11, Block 2, Kaknu Komers Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04513017 WHEREAS, the Commission finds: , , o That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on' April 13, 2005 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 fight-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: May 11, 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 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, May 11, 2005. CHAIRPERSON: ATTEST: 210 Fidalgo Avenue, Kenai :a 99611-7794 Telephone: 907-283-7535 ~~ ~ ~014 1111 ~~ ~ ~ 1992 APPLICATION FOR ENCROACHMENT PERMIT NAME STREET ADDRESS MAILING ADDRESS LEGAL DESCRIPTION PARCEL NUMBER ZONING DISTRICT (Circle 1) PHONE RR-2(RS~RS-I RS-2 RU R IL IH C CC CG RR-1 Fl:Cc. 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 ,!,NITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 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, rights-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) Type of Encroachment Applicant is Requesting: Front' / Rear: Side' Encroachment into setback of feet. Signature of Applicant: C N O Frame - pY ON T A LEGAL cUMENT House LOT II 71 (8,  GEND AND NOTEs Found official monument. i Found 5/8" robot. Found I/2" robot. Set I/2" tabor. Indicates Datum of Record Well Semi c v ent Power Dole This lot is served by City ;ewer and water. FOR:Mrs. Anderson Box 1347 Kenai, Al(. 99611 l EY I hereby certify thof l have surveyed lhe follo~ing mperty., ~ Two described J Kaknu Korners /located in the~ Recording District JAlaska, and Ihaf the improvemems ~ifua~ed th ' Iwithin the property line Ion the property I-~-- _~.ond do not o - _ereon are ~tht Prt--~ .... prgpa~y lying od ace , _., ng ~mprove. [~m~llmn Iinll ~ .~ .... :,,at there ore no -~. · ur tetabliah -u. ge Ueed -"~' lng boundary or t .... f~ construction STAFF REPORT To: Planning & Zoning Commission Date: April 18, 2005 Res: PZ05-23/PZ05-24 GENERAL INFORMATION Applicant: Brian & Jolynn Young 313 Kulila Place Kenai, AK 99611 283-5859 Requested Action' Legal Description: Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit - Front, Rear & Side Setback Variance - Lot Coverage Lot 11, Block 2, Kaknu Korners Subdivision 313 Kulila Place 0451 301 7 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: i g 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. 0523 Comment.doc Page 2 In December 2004, the City of Kenai received notice that the owner of this property had applied to the Kenai Peninsula Borough to vacate a portion of the ten-foot utility easement on the rear of this property. The vacation was being requested because the residence had been built into the easement and the owner was attempting to sell the home. On December 13, 2004, the Kenai Peninsula Borough Planning Commission granted the vacation. When the City received notice of the vacation application, the property owner was advised that the as-built showed encroachments that must be remedied. The structure encroaches 13.5-feet into the rear setback, 3.6-feet into the front setback, and .7-feet into one side setback. In January, a second letter was sent to the owner of record advising that they must apply for an encroachment permit and that if the property had sold, they should notify the new owner of the requirement. In April, the Kenai Peninsula Borough's ownership data showed the property had sold to the applicant. The applicant was notified of the encroachments. The applicant contacted the City upon receipt of the letter and advised the realtor was supposed to have submitted the application. On April 13th, Glenda Feekin of Remax submitted the application for the owners and posted the sign on the property. This house was built in 1984. The original building permit showed the setbacks as 25-foot front, 20-foot rear, and a 5-foot side setback. The as- built shows encroachments into the front, rear and one side setback. The application meets the criteria listed in KMC 14.20.1 85(a). While processing the encroachment application, it was discovered that the structure does not meet the City's requirement for lot coverage. According to the Borough's records, the structure is 3,086 square feet. The lot is .2 acres, 8,712 square feet. The code would allow a 2,614 square foot structure. The 3,086 square foot structure is approximately 35 percent lot coverage. A research of zoning codes back to 1975 confirmed that the lot coverage was 30 percent when the building permit was issued. Based on this discovered, the applicant was asked to include an application for a variance for lot coverage. City Engineer: Lot coverage appears to be approximately 33 to 35 percent. 0523 Comment.doc Page 3 Building Official: No building code issues. RECOMMENDATIONS This house was constructed over 20 years ago. It is unknown why the encroachments were not discovered previously. The City has received no complaints due to the residence's placement on the lot. With the utility easement vacation granted by the Borough, the application meets the criteria for an encroachment permit. Recommend approval of the encroachment permit. Further, administration recommends that a variance for lot coverage be granted. It appears that the original building permit when issued allowed the violation of the lot coverage requirement. Again, this house was constructed in 1984 and the City has received no complaints due to the location of the house on the lot. The applicant also owns the adjoining Lot 10 and may want to consider combining Lots 10 and 11 eliminating the lot coverage issue and the side encroachment. Recommend approval of variance for lot coverage. ATTACHMENTS: · Resolution No. PZ05-23/PZ05-24 Application As-built Survey KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-24 VARIANCE PERMIT A RESOLUTION OF THE PLANN1NG AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Brian & Jolynn Young LOCATED 313 Kulila Place - Lot 11, Block 2, Kaknu Komers Subdivision (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: . . , . That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on: April 20, 2005 This request is located on land zoned: RS - Suburban Residential That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table- Lot Coverage 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 hearing as required by KMC 14.20.153 was conducted by the Commission on: May 11, 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, MAY 11~ 2005. CHAIRPERSON: ATTEST: ~,,,,-~ o/,- KENALALASKA with a Cit with 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ~ 19gz APPLICATION FOR VARI~~ PERMIT LEGAL DF, SC~~ON: KPB PARCEL NUMBER: PROPERTY ZONING: Section 14.20.180 of the Keaai Municipal code outlines regulations for Variance Perm/ts which is the relaxation of the Development Requitemems Table to provide relief when the literaI enfo~ent would deprive a property owner of the reasonable usc of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITI_ AL THE SPACE AFTER THE ITEM NUMBER TO INI)ICATt~ THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. Provide a site plan of the property including location ofall existing and proposed buildings or altcrations, elevations of such buildings or alterations, and such data as may be required. A Public Notification and hearing is required before the issuance ofthis perm/t. A $10S.00 non-refundabI¢ deposit/advertising fee is required to cover these notification costs. (Please see attached proccdur~ sheet.) You afc rcquitcd to pos~ the property in question with a sign advising that the property is being considered for a variance. You must file an Af/idavil of Posting with this office tWO weeks prior to the scheduled public hearing. Ifthls affidavit is not filed, the hearing _wil_' [~ be scheduled, To approve the requested variance, the Commission shall establish a finding that al/of the following conditions exist as a pzcrequisit¢ to issuance of'a variance permit: · Special conditions or circumstances arc prc~¢nt which arc peculiar to thc land or slruclurcs involved which are not applicable to other lands or structures in same zonir~g d~sl~ct, · The spec[a[ co~d~6o~s o: c~cumsta~ces ha~e not bccn caused by actions of thc app]~cam and suc~ co~d~fio~ aed c~c~~nces do eo~ merely coast~tute a pecurda~ ~~bip o~ ~convcnicncc. · The granting et* thc vafi~cc sh~ ~ot authorize a use that ts not a permitted pti~cip~ ~e ~a thc zozdag dts~ct ~ wZ~c~ t~c pml~ny ~a Iocatcd. · Thc grauth~g o£ a vatlaz~¢ s~a]] bc ~c minimtm~ variance that wU! provide t'o~ the reasonable use o£~c ]amt and/or structure. · The granting of a ~~cc sbaU ~ot bc based up°e otbe~ noa-co~otming land uses ot structures w~t~n the same land use ot zo~ng dJsttJcL ADDITIONAL COMMENTS: ~Applkantts $'/gnamre: Revicwcd approved by the Planning Commission on______, day of_ _ · Chairperson: _ Attest: .(- 2.o .'T F'rome House LOT II C N D py ONLY T A LEGAL CUIVIENT "-GEND AND NOTEs )Found official monument. Found 5/8" robot · Found I/2" rebar. Sef I/2" rebor. Indicates Datum of Record Well . Sepfic v e n t Power pole Fhis lot is sec'red by C~ty · ewer and water. AREo FOR: Mrs. Anderson Box 1347 Kenai, A~ 99611 /_W SCALE: I hereby £lrtifl, that I hove surveyed e~ Y property? ~ Two the follm, ing described ~u Korne~ ..,,.,. ,,.~,/-" _ -- a, and ~at~ Recordin Di · n .~:~'~ ,,nero and do nor vuote~ thereon arm .r.~.,,y ,Yin ad' o erla o On fbi ~ .... ~ . lac~t there 10 *~ r e. ncroach ---~n~ iyina od~ ...... :,.~ no 'reprove. ' ' iv~onT ~nerem encroach o~ e here~. .m o, maid EXCLUSION ~OTE: It outlet va defermin .... Il ~h~ Covenanto. or ..... ~ .,.u et~sTenc ., __ y of fha recorde~ ~_~j,"~,[Ictlonl which ~.~'. uny lamlmen~ tk .... ' 'MPOIVIIIOp Plat ,,_.-- -ut appear ~ ' v u ounaar, or re.ce ,~n,~n'tructIOn STAFF REPORT To: Planning & Zoning Commission Date: April 20, 2005 Res: PZ05-25 GENERAL INFORMATION Applicant: Bryan Lowe 1105 Angler Drive Kenai, AK 99611 283-9691 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit- Side Yard Setback Lot 6, Angler Acres Subdivision Part 3 1105 Angler Drive 04939034 RR- Rural Residential Residential/G uide/B&B Rural Residential General Information' KMC 14.20.1 85 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. 0525 Comment.doc Page 2 In 1987 a building permit was issued to the applicant to construct a garage on his property. The building permit noted the setbacks for the zone as 25- foot front, 15-foot side, and 20-foot rear. According to the City's records, the slab and framing were inspected; however, no other inspections are noted. The garage was completed and no as-built was required. The applicant applied for a building permit for an addition to the duplex located on this parcel. During the review of that application, the garage encroachment was discovered. An as-built survey was requested and shows the garage encroaches into the setback 1 3.5 feet. To issue the permit, the Commission must determine the request meets the criteria of KMC 14.20.185: An encroachment as defined in KMC 1 4.20.1 85 (a) exists. o An encroachments 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. The garage is built in the setback and meets the definition of an encroachment. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. o The structure is not built in an easement or right-of-way. 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. o Garages with principal structures are permitted in the Rural Residential zone. The encroachment is not located across a platted lot line. o The garage is 1.5 feet from the lot line and does not cross the platted lot line. City Engineer: Nothing additional. Buildinq Official: The rear wall (wall adjacent to the property line) must be fire rated and have no openings. RECOMMENDATIONS This garage was constructed almost 20 years ago. It is unclear why the encroachment was not discovered during construction. There have been no complaints received by the City concerning the structure's location. It would appear reasonable to allow the structure to remain in its location. The 0525 Comment.doc Page 3 requested encroachment meets the criteria to grant the permit. approval with the following requirement: Recommend i Building Official must inspect building to insure that it meets the fire code prior to the encroachment permit being issued. ATTACHMENTS: 1. Resolution No. PZ05-25 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-26 (PZ96-9) 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: Bryan Lowe dba Hi Lo Charters & Riverside Lodge USE Hotel, Guide, & Boat Parking LOCATED 1105 Angler Drive- Lot 6~ Angler Acres Subdivision Part 3 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04939034 WHEREAS, the Commission finds' o That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 20, 2005 , This request is on land zoned: RR- Rural Residential , 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. Provide DEC certification for on-site septic system. , That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 11, 2005. , Applicant must comply with all Federal, State, and local regulations. . Building Official must inspect building to insure that it meets the fire code prior to the encroachment permit being issued. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED .HOTEL~ GUIDE~ & BOAT PARKING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, May 11, 2005. CHAIRPERSON: ATTEST: KENAI, ALASKA 210 Fidaigo Avenue, Kenai Alaska 99611-7794 ~ 1992 APPLICATION FOR ENCROACHMENT PERMIT NAME STREET ADDRESS MAILING ADDRESS LEGAL DESCRIPTION PARCEL NUMBER ZONING DISTRICT (Circle 1) PHONE 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 ~AD THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU ~TE READ AND UNDERSTAND THESE CONDITIONS. 1. ,.~/r 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, rights-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) TYPe of Encroachment Applicant is Requesting: Front' ' Rear: Side' Encroachment into Setback of ,.: ADDITIONAL COMMENTS· ., /.~..~"~ feet. Signature of Applicant:~ F" 0 LI ' Z '0 1001 BEAV REEK ESTAT 3 STAFF REPORT To: Planning & Zoning Commission Date: April 21, 2005 Res: PZ05-26 GENERAL INFORMATION Applicant: Bryan Lowe 1105 Angler Drive Kenai, AK 99611 283-9691 Requested Action: Legal Description' Street Address: KPB Parcel No.: Existing Zoning' Current Land Use: Land Use Plan: Amend Conditional Use Permit- Rental Lodging to Hotel Lot 6, Angler Acres Subdivision Part 3 1105 Angler Drive 04939034 RR - Rural Residential Residential/Guide/B&B Rural Residential ANALYSIS 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. 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. 0526 Comment.doc Page 2 The applicant has operated his guiding business from this location since 1988. In 1988, a portion of the duplex was rented in conjunction with the guiding business. At that time (1988) the City did not require a permit for the rental portion of the business. In 1996, applicant applied to modify his permit to include boat parking and lodging. The permit was approved on February 14, 1996. A recent addition to the duplex has created a triplex and added two bedrooms to the structure. The applicant would now like to modify the permit to include these additional two bedrooms as rentals. In 2001, Kenai Municipal Code was amended to include definitions for Hotel and Lodge. The definition for hotel is, "means a building or group of buildings containing more than five guest rooms for the purpose of offering public lodging on a day-to-day basis with or without meals." With the additional two bedrooms (a total of 6), the use would be considered a hotel. This business has operated at this location since 1988. There are similar businesses located along Angler Drive. The City has received no complaints regarding Mr. Lowe's business. There is sufficient off-street parking available for the business. City Engineer: Parking area, drainage, and snow storage should not be affected. Building Official: No building code issues. RECOMMENDATIONS The application to amend the Conditional Use Permit from Lodging to Hotel appears to meet the requirements of the Kenai Municipal Code. There are numerous similar businesses located on Angler Drive. This business has operated from this location since 1988 and modifying it to add two additional rooms should not adversely affect the neighboring properties. Recommend approval with the following requirement: o Applicant must provide State of Alaska, Department of Environmental Conservation certification of the on-site septic system prior to the permit being issued. ATTACHMENTS' 1. Resolution No. PZ05-26 2. Application 3. Drawings KENAI, ALASKA CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ05-26 (PZ96-9) 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:. Bryan Lowe dba Hi Lo Charters & Riverside Lodge USE Hotel, Guide, & Boat Parking LOCATED 1105 Angler Drive- Lot 6, Angler Acres Subdivision Part 3 (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04939034 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: April 20, 2005 . This request is on land zoned: RR- Rural 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. Provide DEC certification for on-site septic system. . That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: May 11, 2005. 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 HOTEL~ GUIDE~ & BOAT PARKING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, May 11, 2005. CHAIRPERSON: ATTEST: 210 Fidalflo Avenue, Ke ~i, Alaska 99611-7794 Telephone: 907-283-' 907-283-3014 KENAI, ALASKA ~ ZO~ CONDITIONAL USE PERMI APPLICATION 1992 Applicant's Name:'~ M 6t C~ Business Name' Mailing Address' Street Address: il iD ~ Phone: - (Where-'t~rmit will be operated from.) Legal Description of Property: Kenai Peninsula Borough Parcel No.' City of Kenai Zoning: "~ [5~ Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. I ' ' TR. C MIC HOME~ PELCH JR ADDN LLI ill Z O 1 4 6 ~ ~ 7 ~ 8 9 I~_ ~o 2 1 14-A 2 % 16 17 GOV'T. LOT 1 12 GOV'T. LOT 6 GOV'T. LOT 6 GOV'T. LOT 6 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 e.ephone: M MO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administrat~ ~ \' ~ DATE' April 26, 2005 SUBJECT: Patrick Doyle Lease- Lot 5, Block 1, Gusty Subdivision, Addn. No. 1 Mr. Doyle's lease requires that prior to adding permanent improvements to the parcel, that a plan be submitted to the Planning Commission for approval. Attached is a memorandum from Kim Howard explaining this requirement and Mr. Doyle's proposed additions to his business at this location. The proposed additions to the car wash include a lube/oil rack and an additional self- service wash station. These are permitted uses in the General Commercial zone. Does the Commission approve the proposed additions to Lot 5, Block 1, Gusty Subdivision, Addition #17 210 Fidalflo Avenue, Kenai, Alaska 99611-7794 Telephone: 907-283-7535 / FAX: 907-283-3014 www.ci.kenai.ak, us KENAI, ALASKA 'Memorandum Date: To: From: April 26, 2005 Marilyn Kebschull, Planning Administration Kim Howard, Assistant to the City Manager Patrick Doyle Lease- Lot 5, Block 1, Gusty Subdivision, Addn. No. 1 Mr. Doyle leases Lot 5, Block 1, Gusty Subdivision No. 1 from the City and intends to construct an addition to his building. The addition will consist of a 16' x 46' lube/oil rack and will extend the existing slab to add an additional self-service wash station. Covenant No. 7 of his lease states the following: Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. Please schedule this matter for your next Planning and Zoning meeting for approval. Attachment /kh 210 Fidalflo Avenue, Kenai, Alaska 9961.1-7794 Telephone' 907-283-7535 / FAX' 907-283-3014 www.ci.kenai.ak, us KENAI, ALASKA M morandum Date: To: From: For: May 3, 2005 Kenai Planning and Zoning Commission ~/ Kim Howard, Assistant to the City Manager ~ May 11, 2005 Planning and Zoning Meeting Lot 1, Block 5; Lot 2, Block 2; and Lot 2, Block 4, General Aviation Apron (1) Consents to Assignments - Robert Bielefeld to Kenai Av. iation Leasing Company, LLC; and (2) Consents to Subleases - Kenai Aviation Leasing Company, LLC to Kenai Aviation, Inc. Robert Bielefeld leases the above referenced properties from the City and has requested approval to assign the leases to Kenai Aviation Leasing Company, LLC and subsequently sublease to Kenai Aviation, Inc. The leases state the lessee may not assign the lease nor sublease without the written consent of City and the assignments shall be accomplished as follows' ao bo Submittal to, and approval of, proposed lease assignment by the Kenai Planning Commission. After approval by the Kenai Planning Commission, final approval of assignment by the City Council. Robert Bielefeld is in the process of registering accounts for Kenai Aviation Leasing Company, LLC and Kenai Aviation, Inc. with the Borough. Mr. Bielefeld is in compliance with payments to the City and property taxes to the Borough. The City Attorney has reviewed the documents and has no objections to the assigmnent or sublease. The use of the properties will not change. Please make a recommendation to the City Council regarding the transfers. Cc' Baldwin & Butler, LLC I ~O'rTCO ~,ff 2L 05 - ~2 '~Bp-,I L_ © © I I i .... J 1' O0'gO~=~ CLIENT: PAT DOYLE PLOT PLAN SPLASH-N-DASH KENAI, ALASKA AGENDA KENAI CITY COUNCIL- REGULAR MEETING MAY 4, 2005 7:00 P.M. KENAI CITY COUNCIL CHAMBERS htt : www. ci.kenai.ak, us ITEM A: , CALL TO ORDmI~ Pledge of Allegiance Roll Call Agenda Approval 4. Consent Agenda *All items listed w/th 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: , ITEM C: I_TEM D: ITEM E: ITEM F: . , . SCHEDULED PUBLIC COMMENTS (10 minutes) Josie Hudson -- President, American Legion Auxilli~ Poppy Week _Proclamation , -- UNSCHEDULED PUBLIC COMMENTS (3 minutes) BOARD AND KENAI CHAMBER OF COMMERCE ?UBLIC HRA~ _rN'G~ Ord/nance No. 2087-2005 {Substitute}--Amending KMC 23.40.030(f) to Change the Amount of Leave Time an Employee Who Works the Equivalent of a 56-Hour Work Week Must Take Per Year From 112 Hours to 84 Hours and Lowering From 80 to 60 Hours Per Year the Amount of Leave Time that Must be Taken for Employees Worldng 40 Hours Per Week. {Postponed from April 20, 2005 meetflag.) Ordinance No. 2091-2005 -- Amending KMC 23.55.030(b)(2) to Add Qualification Pay of $300 for Fire Fighters Who Qualify as Fire Apparatus Operators. (Tabled at April 20, 2005 meeting.) Ordinance No. 2092-2005 -- Increasing Estimated Revenues and Appropriations by $25,000 in the Senior Center Kitchen Capital Project. . . o 10. 11. ,/~~/..~., 13. ITEM G: . ITEM H: Ordinance No. 2093-2005 -- Amending KMC 14.20.230(g) to Include an Exemption for Certain State Approved Relative Day Care Providers. Ordinance No. 2094-2005 -- Amending KMC 14.20.320(b) Adding a Definition of "Condominium." Ordinance No. 2095-2005 -- Increasing Estimated Revenues and Appropriations by $650 for an Increase in Federal Grant for Wetlands Protection. Ordinance No. 2096-2005 -- Increasing Estimated Revenues and Appropriations by $2,740,085 in the Airport Land System Special Revenue Fund and the Parallel Taxiway Capital Project Fund. Resolution No. 2005-16 -- Expressing Support for KPB Ordinance 2005-19; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan. Resolution No. 2005-17 -- Awarding a Lease for One Fish Season (May 15, 2005 to September 30, 2005} of Kenai Dock Stations No. 2 & 3 to Copper River Seafoods for the Seasonal Base Bid of $38,501 Plus $0.03/Lb. Over 1,283,367 Lbs. Plus $500 Per Month for a Special Use Permit for the Boat Storage Area. Resolution No. 2005-18 -- Awarding the Bid to Grace Painting, Inc. for Kenai Visitors Center Exterior Pamtm§ - 2005 for the Total Amount of $11,070. Resolution No. 2005-19 -- Transferring $25,500 in the Multipurpose Facility Capital Project Fund for the Ceftin§ Insulation and Fire Barrier Project. Resolution No. 2005-20-- Awarding the Bid to Chumley's Urethane, Inc. for the Kenai Multipurpose Facility Ceiling Insulation & Fire Barrier - 2005 for the Total Amount of $26,789.24. Resolution No. 2005-21 -- Accepting the Donation to the City of Kenai of Tract F, Leo T. Oberts Subdivision, by James A. and Jo Ann Elson. Resolution No. 2005-22 -- Supporting the Governor's Proposed Use of the Amerada Hess Settlement Eamin§s to Improve the State's and Communities' Transportation System and Other Capital Improvements. MINUTES *Regular Meeting of April 20, 2005. *Notes of April 11, 2005 Budget Work Session OLD BUSINESS o . o !_TEM I: o . . e ITEM J: . 2. 3. 4. 5. 6. 7. Discussion -- Lawton Acres (Continued from 4/20 / 05 meeting.) Approval -- Kenai Golf Course/Amendment to Leases, Parcels A and B (Increase in Fees and Extension of Expiration Dates} (Continued from 4/20/05 meeting.) Approval -- Termination of Kenai Municipal Airport Lease/Space 21 - Fischer and Associates, Inc. (Continued from 4 / 2 / 05 meeting.) NEW BUS~_R Bills to be Ratified Approval of Purchase Orders Exceeding $2,500 Ordinance No. 2097-2005 -- Increasing Estimated Revenues and Appropriations by $200,000 in the General Fund and the Multipurpose Facility Capital Project Fund for Improvements Requested by the Arctic Winter Games Host Society. *Ordinance No. 2098-2005 -- Increasing Estimated Revenues and Appropriations by $794 for Library Grants. *Ordinance Bio. 2099-2005 -- Amending the Definition of "Parking Space, Private" in KMC 14.20.320(b) to Exclude Garages and to Require Such Parking Spaces to be at Least Nine (9) Feet Wide. *Ordinance No. 2100-2005 -- Amending KMC 14.20.320(b) to Add a Definition for "Lot Coverage." *Ordlns. nce No. 2101-2005 -- Increasing Estimated Revenues and Appropriations by $11,500 in the Street Improvement Capital Project Fund for a Grant From the U.S. Fish & Wildlife Service for Culvert Replacement on Boat Launch Road. Approval-- Consent to Assignment and Release of Leases -- From Capital Crossing Bank to David and ShelTie Arbuckle/Lots 1 and 1-A Aleyeska Subdivision, Part 3 (Katmai Motel). Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Plann/ng & Zon/ng Commission Miscellaneous Commissions and Comm/ttees a. Beautification Committee b. Alaska Municipal League Report Arctic ~Vinter Games Stranded Gas Committee ITEM K: REPORT OF THE MAYOR ITEM L: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M' DISCUSSION 1. Citizens (five minutes) 2. Council ..EXECUTIVE SESSION -- Evaluations of City Manager. City Attorney and City Clerk; and negotiations regarding repurchase of airport property. ITEM N- ADJOURNMENT KENAI PENINSULA BOROUGH PLAT ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDIN 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA 5:30 p.m. May 9, 2005 Tentative Agenda MEMBERS: Dr. Rick Foster Homer City Term Expires 2004 Brent Johnson KasiloflClam Gulch Term Expires 2006 Blair Martin Kalifornsky Beach Term Expires 2006 Mark Massion Seldovia City Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2005 ALTERNATES: Bill Hutchinson Ridgeway Term Expires 2007 Jim Isham Sterling Term Expires 2006 Dick Troeger Soldotna City Term Expires 2005 A. a. C. D. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes a. April 25, 2005 SUBDIVISION PLAT PUBLIC HEARINGS . Glacier View Subdivision No 26 KPB 2005-095 [Imhoff/City of Homer] Location' City of Homer . Bayview Subdivision 2005 Addition KPB 2005-096 [ImhoffNVortham] Location' City of Homer . Nowag Tracts No 3 KPB 2005-097 [Imhoff/Hillstrand] Location- North of East End Road K-Bay APe . Hughes Tool Co. Sayer Addition No 2 KPB 2005-098 [Imhoff/Sayer] Location: South End of North Fork Road Anchor Point APC . Prospect Heights Subdivision KPB 2005-099 . . . 10. 11. 12. 13. 14. 15. [McLane/Hammond] Location: East of North Kenai Rd in Nikiski Sterling Ranch Subdivision No 3 KPB 2005-100 [McLane/Slichter] Location' North of Sterling Hwy in Sterling Bluerock Creek Estates Subdivision KPB 2005-107 [McLane/Breeden/Sims] Location' West of Adkins Road in Sterling K-B Subdivision Part Ten KPB 2005-112 [McLane/Ballard/Clark] Location: East of K-Beach in Soldotna Mayoni Subdivision May Addition KPB 2005-101 [Integrity/May] Location' East of Soldotna off Louise Ave. Coyote Alley Subdivision KPB 2005-109 [IntegrityANirz] Location' North of Kenai off Coyote Lane Brown's Acres Subdivision Sims-Jensen Replat KPB 2005-114 [Integrity/Sims/Jensen] Location' Southwest of Longmere Lake Cottonwood Point Subd. Lot 3 Replat KPB 2005-103 [Ability/Quality Services] Location: West of Sterling Highway in Anchor Point Anchor Point APC Fritz Creek Drive 2005 Addition KPB 2005-104 [Mullikin/Dennison] Location- East of East End Rd in Homer K-Bay APC Kowalski Subdivision KPB 2005-110 [Cline/KPB/Kowalski Estate] Location: North of Seward off Seward Highway Cliff Addition Seward Townsite Dieckgraeff Replat No 2 KPB 2005-111 [Cline/Dieckg raeff] Location: City of Seward 16. Hidden Hills No 12 KPB 2005-113 [Freeman/Armstrong] Location: East of North Fork Road in Anchor Point Anchor Point APC 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 May 23, 2005 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: plannin~@borough.kenai.ak, us web site: www. bomugh.kenai.ak, us/plannin.qdept KENAI PENINSULA BOROUGH PLANNING COMMI~ ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA, ALASKA May 9, 2005 - 7:30 p.m. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor Point/Ninilchik Term Expires 2007 Dick Troeger PC Member 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 Hohl PC Member Seward City Term Expires 2005 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 Ao B, C, 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 ao Soldotna Junction Subdivision Nazarene Addition No 2 KPB File 2004-120; Eastham/Parker/Soldotna Church of Nazarene Location: City of Soldotna *2. *3. *5. b, Lind Subdivision Cook Addition KPB File 2003-060; Imhoff/Cook Location: McNeil Canyon area, on Old East End Rd. Kachemak Bay Advisory Planning Commission Plats Granted Administrative Approval Plats Granted Final Approval (20.04.070) Plat Amendment Request Coastal Management Program a. bo Conclusive Consistency Determinations Received from DGC Administrative Determinations c. Current Reviews *6. Commissioner Excused Absences Todd Petersen, East Peninsula *7. , Minutes Dick Troeger, Soldotna City a. April 25, 2005 Plat Committee 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 Do E, F. G. H. b. April 25, 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.) 1.. Ground Water Presentation- Fred Sorenson, U^F Cooperative Extension UNFINISHED BUSINESS PUBLIC HEARINGS Vacate the portion of Greer Road adjacent to Lot 6 Block 1, within Section 28, dedicated by Spruce Wood Subdivision 1976 Addition (Plat HM 77-8) and a portion adjacent to Lots 2 and 11, within Section 27, dedicated by Triple Crown Estates Unit 1(Plat HM 2003-21); AND the 33 foot Section Line Easements in the same location. Township 5 South, Range 12 West; all within the Seward Meridian and Kenai Peninsula Borough, Alaska. KPB File 2005-072 . Reclassification of Borough Land From Institutional to Recreational in the Russian Gap Area, pursuant to KPB 17.10.080. , A Resolution Authorizing the Borough to Lease Office Space in Homer , Resolution 2005-15; A land use permit application was received by the Borough to operate a material site in the Stadski area. KPB 16501224; T4S R15W S1 Seward Meridian; Parcel: 160 acres; Portion to be excavated approximately is 40 acres. Applicant: Jones Rock and Sand; Owner: Cecil Jones. Resolution 2005-16; ^ land use permit application was received by the Borough to operate a material site in the Stadski area. KPB 16501243; T4S R15W S1, Seward Meridian; Parcel: 22.31 acres; Portion to be excavated is approximately 5 acres. Applicant: Jones Rock and Sand; Owner: Cecil Jones. Resolution 2005-17; A land use permit application was received by the Borough for material extraction in the Soldotna/Longmere Lake area. KPB 06354027; T5N R9W S19, Seward Meridian; Parcel: 5.22 acres; Portion to be excavated is approximately 2.5 acres. Applicant and Owner: D. Cheney McLenan . Ordinance 2005-20; Repealing KPB 2.56.005 and Enacting KPB 2.56.006, Adopting the 2005 Kenai Peninsula Borough Comprehensive Plan ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 for the placement of two new 226-feet long by 16-foot wide concrete boat launch ramps separated by 8-foot wide wood-framed dock floats. The proposed new ramps will be placed adjacent and upstream of.the City of Kenai's existing boat ramp. The project location is in the lower river along the right bank of the Kenai River at River Mile 1.8 adjacent to Tract A, City of Kenai Boat Ramp & ROW Dedication Subdivision, Section 9, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel I.D.: 049-450-02). KPB PC Resolution 2005-14 VACATIONS NOT REQUIRING A PUBLIC HEARING Jo K. Lo U. No O. P. e. . . , Vacate the 15-foot utility easement centered on the line common to Lots 5 & 6 Block I of Kivi Shores Subdivision Phase One Amended (Plat KN 85-223) and (Plat KN 86-104); within Section 5, Township 7 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-108 , Vacate a portion of the 20-foot utility easement centered on the line common to Lots 18 & 19 Block 8 of Cliff Addition to Seward Townsite Dieckgraeff Replat (Plat SW 2002-21); within Section 3 and 4, Township 1 South, Range 1 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-115 3. Vacate the 20-foot by 200-foot utility easement centered on the line common to Lots 3 & 4 Block 3 Alaska Heights Subdivision Part 2 (Plat KN 78-85); within Section 20, Township 3 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough. KPB File 2005-117 SPECIAL CONSIDERATIONS · · 1. Hylen Subdivision 1973 Addn. Lot 9 BIk 2 Bldg. Setback Exception KPB 2005-106 Resolution No. 2005-13 Petitioners: Ebba D and Billy E Leach Location' Off Oil Well Road in Ninilchik SUBDIVISION PLAT PUBLIC HEARINGS , The Plat Committee is scheduled to review 16 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 Resolution SN 2005-06: Renaming Certain Public Rights-of-way within Section 3, T6S, R13W; Section 4, T6S, R13W; Section 6, T65, R12W; Section 21, T5S, R12W, S.M., AK within Emergency Service Number (ESN) 202; Sections 2 & 3, T4S, R14W; Sections 3 & 4, T5S, R15W; Section 4, T3S, P, 14W; Section 6, T4S, R14W; Section 7, T5S, R14W, S.M., AK within Emergency Service Number (ESN) 401; Section 6, T1N, R12W; Section 8, T1N, P,12W; Section 11, T2S, R14W; Section 27, T1N, R13W; Section 34, TlS, R14W, S.M., AK within Emergency Service Number (ESN) 451, as approved 4/25/05 City of Kenai Planning & Zoning Commission Minutes - April 13, 2005 Anchor Point Advisory Planning Commission Agenda - May 3, 2005 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held May 23, 2005 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:$0 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Commission Meeting Location Date Cooper Landing Cooper Landing Community Hall May 11, 2005 June 8, 2005 Anchor Point Anchor Point Visitor May 17, 2005 Information Center June 7, 2005 The Kachemak Bay Advisory Planning Commission ~s inactive at this time. Time 7:30 p.m. 7:00 p.m. 7:00 p.m. 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: plannin.Q~boro, u.qh.kenai.ak, us web site: .www. borou~ih.kenai.ak.us/plannin.qdept >.