HomeMy WebLinkAboutResolution No. PZ2011-04(/w cilyaf
KENAI, SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR CABIN RENTALS AS
AUTHORIZED BY 14.20.150(i)(4) OF THE KENAI ZONING CODE, FROM
Steve and Rick Voth dba Captain Bligh's Beaver Creek Lodge to Michael Joyce Nelson
WHEREAS, the Commission finds:
1. That a Conditional Use Permit was granted to Clinton Coligan on October 12, 1998.
2. That KMC 14.20.150(i)(4) requires that a written request for transfer be submitted.
3. That Steve and Rick Voth submitted a request for transfer on March 31, 2006.
4. That Michael and Joyce Nelson purchased the property in August, 2010.
5. That Michael and Joyce Nelson submitted a request for transfer on January 25, 2011.
6. That the transfer requires that the permit continue operation under conditions of amended
resolution PZ06 -27.
PASSED BY THE PLANNING AND ZONING COMMISSION
FEBRUARY 23, 2011.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ11 -04 (PZ06 -27 amended)
TRANSFER OF CONDITIONAL USE PERMIT
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE
CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR STEVE RICK VOTH DBA CAPTAIN
BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS BE TRANSFERRED MICHAEL JOYCE
NELSON.
ATTEST
HE CITY OF KENAI, ALASKA,
Noce
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZOG -27
they AMENDMENT OF CONDITIONAL USE PERMIT
MU EMU
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI AMENDING CONDITIONAL USE PERMIT PZ06 -27 DUE TO FAILURE TO MEET
REQUIREMENTS OF KMC 14.20.150
WHEREAS, the Commission finds:
1. That Conditional Use Permit PZ06 -27 was approved on April 12, 2006.
2. The permit was for the property located at Lot 1, James H. Cowan Estates 1010 Angler
Drive.
3. The Kenai Peninsula Borough Parcel Number is 04939053.
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 $417.78 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. KMC 14.20.150(g) regulates the process for revocation of permits due to non compliance.
9. 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.
10. On July 26, 2010 a meeting was held with the property owners to discuss the non-
compliance and the revocation process.
11. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the
Commission on August 11, 2010.
12. 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.
13. That the Commission finds that revoking the permit should be amended with compliance of
property.
14. That the following additional requirements have been established by the Commission as a
condition to amendment:
o Become current with City of Kenai assessments.
o Become current with Kenai Peninsula Borough sales tax and property taxes.
o Quarterly reports of activity on property through December 31, 2011.
Develop and enforce house rules for the property. Rules should include specific
guidelines for fish cleaning, trash, and storage of coolers.
O Applicant must comply with all Federal, State and local regulations.
PZ06 -27 Amendment
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE REVOCATION OF THE
CONDITIONAL USE PERMIT PZ06 -27 HELD BY STEVE AND RICK VOTH DBA
CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR CABIN RENTALS IS AMENDED AS
LISTED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF rHE CITY OF KENAI,
ALASKA, AUGUST 11, 201.0.
ClIAIRPERS0
ATTES
Page 2