HomeMy WebLinkAboutResolution No. PZ2013-11#' CITY OF KENAI
PLANNING AND ZONING COMMISSION
REVOCATION OF CONDITIONAL USE PERMIT
ehcoiyof PZ06 -26 (AMENDED)
KENAI, SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSIO OF THE CITY OF
KENAI REVOKE /DISMISS CONDITIONAL USE PERMIT PZ06- FOR FAILURE TO
COMPLY WITH THE REQUIREMENTS OF KENAI MUNICIPA CODE 14.20.150(e).
WHEREAS:
1, Conditional Use Permit PZ06 -26 was approved on Apri 12, 2006; and,
2. The permit was for the property located at Lot 5, An rs Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 0 39035; and,
4. Kenai Municipal Code 14.20.150(e) requires C nditional Use Permit operators to comply
with conditions of the permit and to be curre on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to e City; and,
5. Kenai Municipal Code 14.20.150(f) req res permit holders to submit a yearly report
between October I'` and Dec ber 31" ch year to the administrative official providing a
summary of on -site activity; a d,
6. Kenai Municipal Code 14.20.1 O r gulates the process for revocation of permits due to
non- compliance.
WHEREAS, the administrative flea as conducted the annual review of Conditional Use
Permit PZ06 -26 and finds:
1. Conditional V;and, 6 -26 was approved on April 12, 2006; and,
2, The permit perty located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Angler Driv 3. The Kenai P gh Parcel Number is 04939035; an d,
4. The Kenai Pgh requires property taxes must be paid in full no later than
November 1
5. According to the�Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Pe nsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $5 .94 for personal property tax, and $3,000.98 for real property tax for a total
amount deli quent for 2012 in the amount of $3,557.92; and,
6. Failure to y the 2012 Kenai Peninsula Borough and City of Kenai Property Tax is a
violation f Kenai Municipal Code 14.20.150(e); and,
7. The pe it holders, Steve and Rick Voth, submitted the annual report as required in Kenai
Munici 41 Code 14.20.150(f) on December 12, 2012, providing a summary of activity; and,
8. The report received was on December 12, 2012, and met the requirements of Kenai
Municipal Code 14.20.150(f).
WHEREAS, the administrative official finding that the holders of Conditional Use Permit
PZ06 -26 were out of compliance with Kenai Municipal Code 14.20.150(e) provided an
opportunity for the permit holders to comply with the conditions required in the Kenai Municipal
Code 14.20,150(g) as stated below:
PZ06 -26 Revised 3/27/13
1. On January 9, 2013, a notice letter was mailed to provide notification of non - compliance
and to allow a reasonable opportunity to correct the cited deficiency or to provide
information relating to or rebutting the alleged deficiency; and,
2. The January 9, 2013, notice provided that if compliance was not met by, January 21, 2013, a
revocation hearing would be scheduled for the Febru/the PI ning & Zoning
Commission meeting; and,
3. On January 28, 2013, the administrative official founncies had not been
corrected; and,
4. On January 28, 2013, a "Notice of a Revocation Hearuary 13, 2013,
hearing was sent to the pennit holders; and,
5. On March 14, 2013, a "Notice of a Revocation Hearih 27, 2013, hearing
was sent to the permit holders.
WHEREAS, on March 27, 2013, the
required by Kenai Municipal Code 1
WHEREAS, the Commission finds:
1. Conditional Use Permit PZ(1,6-
2. The permit was for the prope
Angler Drive; and,
3. The Kenai Peninsula Borough
4. Kenai Municipal Code 14.2V..
with conditions of the pe 5h,
tax, utility pays ents, a d
5. The Kenai Pen i ula $
November 15, 20'f,
held /duly advertised public hearing as
rProved on April 12, 2006; and,
at Lot 5, Anglers Acres Subdivision Part 3 — 1045
Phg'el Number is 04939035; and,
15 jo
(e) requires Conditional Use Permit operators to comply
4d to be current on any obligations (e.g. sales tax, property
payments) to the City; and,
requires property taxes must be paid in full no later than
6. According to the K i eninsula Borough records, the property owner has not paid the
2012 Kenai Penins la -rough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 f r personal property tax, and $3,000.98 for real property tax for a total
amount delinquent or 2012 in the amount of $3,557.92; and,
7. Conditional Use Yerinit PZO6 -26 is not in compliance with Kenai Municipal Code
14.20.150(e) fo failure to pay the 2012 Kenai Peninsula Borough and City of Kenai
Property Tax the amount of $556.94 for personal property tax, and $3,000.98 for real
property tax or a total amount delinquent for 2012 in the amount of $3,557,92; and,
8. On Februar 13, 2013, the Planning & Zoning Commission postponed revocation of
Conditio 1 Use Permit PZ10 -26 until the March 27, 2013, Planning & Zoning
Commi ion meeting; and,
9. On M ch 8, 2013, the administrative official found that the deficiencies had been
Corr ted; and,
10. Conditional Use Permit PZ06 -26 is in compliance with Kenai Municipal Code
14.20,150(e).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ06 -26 HELD BY
STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR
CABIN RENTALS IS REVOKED /DISMISSED FOR FAILURE TO COMPLY WITH KENAI
MUNICIPAL CODE 14.20.150(e). THIS DECISION MAY BE APPEALED. THE APPEAL
MUST BE SUBMITTED IN WRITING TO THE CITY CLERK WITHIN FIFTEEN (15) DAYS
OF THE DECISION. ( KENAI MUNICIPAL CODE 14.20.290.)
Amended PZ06 -26 Revocation
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CY`I'Y OF
KENAI, ALASKA, MARCH 27, 2013.
CHAIRPERSON:
ATTEST:
-x-1
'ox
Page 3
Public Hearing 2/27/2013
Postponed 2/27/2013
Public Hearing 3/27/2013
the cdVW
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -11
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: Annette King and Rovlene Stout dba 2 Sisters Alaska Seafood
USE: Intemet/Retail Business
LOCATED: Lot 7A, Block 3, Thompson Park One Stop Replat — 5455 Kenai Spur Highway
(Street Address /Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04907026
WHEREAS, the Commission finds:
That an application meeting the requirements of Section 14.20.150 has been submitted and
received on: March 4 2013
2. This request is on land zoned: LC — Limited Commercial
That the applicants have demonstrated with plans and other documents that they can and will
meet the following specific requirements and conditions in addition to existing requirements:
a. A building permit, inspection, and approval is required.
b. Remove all old signage from previous business.
4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280
on: March 27, 2013.
5. Applicants 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 APPLICANTS HAVE DEMONSTRATED THAT THE
PROPOSED INTERNET/RETAIL BUSINESS 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, MARCH 27 2013
CHAIRPERSON: ATTEST: ✓� rLe,
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -13
thedyaf HOME OCCUPATION PERMIT
oruw wnnvw
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Home Daycare
(Type of Permit)
OPERATED BY: Danielle Edwards -Dean dba Danielle's Daycare
LOCATED: 619 Cedar Drive, Lot_ 10, Block B, Woodland Subdivision Partl
KENAI PENINSULA BOROUGH PARCEL NO: 04325010
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec. 14.20.230 has been submitted and
received on March 11, 2013.
2. That the application has been reviewed by the Commission at their meeting of
March 27 2013, and found that all application requirements have been satisfied.
3. That the applicant has demonstrated with plans and other documents that he can and
will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the Commission
as a condition of permit issuance:
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development meets
the conditions required for said proposal and therefore the Commission authorizes the
permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 27th
day of March 2013.
Chairmai
ATTEST