HomeMy WebLinkAboutResolution No. PZ2006-26CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06 -26
REVOCATION OF CONDITIONAL USE PERMIT
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KENAI ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI REVOKING CONDITIONAL USE PERMIT PZ06 -26 DUE TO FAILURE TO MEET
REQUIREMENTS OF KMC 14.20.150
WHEREAS, the Commission finds:
1. That Conditional Use Permit PZ06 -26 was approved on April 12, 2006.
2. The permit was for the properties located at Lots 4 and 5, Anglers Acres Subdivision Part 3
1035 1045 Angler Drive.
3, The Kenai Peninsula Borough Parcel Numbers are 04939036 04939035
4. The land is zoned Rural Residential.
5. Kenai Municipal Code requires Conditional Use Permit operators to comply with the
conditions of the permit and to be current on any obligations (e.g. sales tax, property tax,
utility payments, and lease payments) to the City.
6. Property delinquent with City of Kenai Angler Drive Local Improvement District
Assessments Total amount past due on both properties is $843.18 as of June 30, 2010.
7. Property delinquent with Kenai Peninsula Borough Sales Taxes Tax #14235 In 2009,
sales tax of past due amount owed was $8,704.06. An agreement was prepared with Kenai
Peninsula Borough to make payments on the amount owed. On June 25, 2010, the property
owner signed a judgment to pay $1,500 each month beginning July 6, 2010 until paid off. A
payment of $1,500 was paid on July 6, 2010. The next payment is due August 6, 2010.
8. Property delinquent with Kenai Peninsula Borough Property Taxes Parcel #04939035
1045 Angler Drive, past due amount owed: $3,660.82. Mr. Voth advised that he
intends to use proceeds from the sale of 1010 Angler to pay all past due amounts
owed to bring all of his properties and businesses in compliance with the City of
Kenai and Kenai Peninsula Borough.
9. KMC 14.20.150(g) regulates the process for revocation of permits due to non compliance.
10. On July 23, 2010 a letter was sent to the permit holder to provide notification of non-
conformance and that a revocation hearing was scheduled for the August 11, 2010.
11. On July 26, 2010 a meeting was held with the property owners to discuss the non-
compliance and the revocation process.
12. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on August 11, 2010.
13. That the Commission finds that it is reasonable to provide the permit holder an opportunity
to conform to the requirements of the permit and to meet all obligations to the City and
Borough for the property.
14. That the Commission finds that revoking the permit should be postponed to provide the
opportunity for compliance.
15. That the following additional requirements have been established by the Commission as a
condition of postponing the revocation:
Become current with City of Kenai assessments.
Become current with Kenai Peninsula Borough sales tax and property taxes.
Quarterly reports of activity on property through December 31, 2011.
PZ46 -26 Revocation
Develop and enforce house rules for the property. Rules should include specific
guidelines for fish cleaning, trash, and storage of coolers.
Cease leasing dock space until an amendment is applied for and approved by the
Commission.
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 REVOCATION OF THE
CONDITIONAL USE PERMIT PZ46 -27 HELD BY STEVE AND RICK VOTH DBA
CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS IS POSTPONED
AND AMENDED AS LISTED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF HE CITY OF KENAI,
ALASKA, AUGUST 11, 2010.
CHAIRPERSON:
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ATTEST
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