HomeMy WebLinkAboutResolution No. PZ06-26the ayuf
KENAI, ALASKA
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06 -26
REVOCATION OF CONDITIONAL USE PERMIT
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 AND THE CONDITIONS PLACED
ON THE PERMIT ON AUGUST 10, 2010.
WHEREAS, the Commission finds:
1. That Conditional Use Permit PZ06 -26 was approved on April 12, 2006 for Lodging
and Guiding with a restriction of three (3) boats.
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, Borough or State.
6. The properties were delinquent with City of Kenai for $843.18.
7. The properties were delinquent with Kenai Peninsula Borough for $12,364.88.
8. The properties were brought into compliance prior to the August 10, 2010 meeting.
9. Commission held a revocation hearing on August 10, 2010.
10. The Commission postponed revocation of the permit for one (1) year.
11. That the properties are delinquent with City of Kenai — Angler Drive Local
Improvement District Assessments, payment was due June 15, 2011, for a total of
$880.36 for both properties.
12. Operator failed to file the quarterly activity report from June 11, 2011 — June 30,
2011.
13. KMC 14.20.150(g) regulates the process for revocation of permits due to non-
compliance.
14. On July 19, 2011 a letter was sent to the permit holder to provide notification of
non - conformance and that a revocation hearing was scheduled for the August 10,
2011.
15. On July 27, 2011, the Planning and Zoning Commission was notified a revocation
hearing would be set August 10, 2011.
16. That a duly advertised public hearing as required by KMC 14.20.280 was conducted
by the Commission on August 10, 2011.
17. That the Commission finds that as of August 10, 2011, the permit is in compliance
with all permit requirements.
18. That the Commission dismisses the revocation, and the permit will continue to
operate under the requirements of KMC 14.20.150(g), and the following specific
requirements:
PZ06 -26 Revocation Page 2
• Lodging
• Guiding
• Use restricted to 3 guide boats
• Continue enforcement of house rules for properties
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 -26 HELD BY STEVE AND RICK VOTH DBA
CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR LODGING AND GUIDING IS
DISMISSED AND AMENDED AS LISTED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, AUGUST 10, 2011.
CHAIRPERSON:
ATTEST: