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Home My WebLink About1996-12-11 p&z packetPACKET NOTES: ,~.n, } The following items were moved to the December 1 1 th packet since there was not a quorum at the November 13th meeting: 1. Minutes of October 23, 1996 meeting. 2. PZ96-70 Preliminary Plat-Radar Subdivision No. 2 3. PZ96-72 Home Occupation Permit, Braun 4. January 8, 1996 Meeting Location 5. Notification on Home Occupation Permits CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** COUNCIL CHAMBERS, 210 FIDALGO December 11, 1996, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 23, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-70-Preliminary Plat-Radar Subdivision No. 2 6. PUBLIC HEARINGS: a. PZ96-73-Conditional Use Permit (Greenhouse and Garden Retail)-Connie Royal, 4806 Strawberry Road, Kenai, AK 99611 (Tract 1, Rocking BarA Subdivision) 7. NEW BUSINESS: a. PZ96-72-Home Occupation Permit (Beauty/Hair Dresser Shop)-Laverne Arthur Braun, 2795 Watergate Way, Kenai, AK 99611 (Lot 22, Block 1, VIP Park Estates) b. January 8, 1997 Meeting Location 8. OLD BUSINESS: a. Notification on Home Occupation Permits 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning ~. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Notice of Planning Commission Action, KPB, 11/13/96 & 11/25/96 b. Meeting Schedule for 1997 o. Board of Adjustment Decision--Sanders 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: `~ CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI PUBLIC LIBRARY CONFERENCE ROOM November 13, 1996, 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 23, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-70-Preliminary Plat-Radar Subdivision No. 2 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-72-Home Occupation Permit (Beauty/Hair Dresser Shop)-Laverne Arthur Braun, 2795 Watergate Way, Kenai, AK 99611 (Lot 22, Block 1, VIP Park Estates) b. January 8, 1997 Meeting Location 8. OLD BUSINESS: a. Notification on Home Occupation Permits 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Letter with attachments from KPB dated 10/15/96 b. KPB Ordinance 96-36 c. Herman S/D No. 2 KPB Administrative Approval d. Memos dated 10/28 and 10/31/96 from R. Harris, KPB e. Notice of KPB Planning Commission Action dated 10/15/96 & 10/31/96 f. "The Roles and Responsibilities of Elected and Appointed Officials in the Planning Process" Planning & Zoning Commission Agenda Page 2 November 6, 1996 g. Memo dated 11/6/96 from C. Graves with Supreme Court Case No. 5-6532 h. "Conditional Uses" by Lee Sharp (2/11/95) i. "Variances To Land Use an Platting Regulations" by Lee Sharp (2/11/95) ~. City of Kenai 1997/98 Capital Improvement Projects Resolution 96-86 k. City of Kenai Ordinance 1723-96 Approving and Adopting the City of Kenai's Comprehensive Plan 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: ~} CITY OF KENAI PLANNING AND ZONING COMMISSION November 13, 1996 ***Minutes*** 1. ROLL CALL: Members Present: Karen Mahurin, Michael Christian, Ron Goecke Members Absent: Carl Glick, Phil Bryson, Teresa Werner-Quade, Barb Nord Others Present: Building Official Bob Springer, Administrative Assistant Marilyn Kebschull Quorum not established. 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: October 23, 1996 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: a. PZ96-70-Preliminary Plat-Radar Subdivision No. 2 6. PUBLIC HEARINGS: 7. NEW BUSINESS: a. PZ96-72-Home Occupation Permit (Beauty/Hair Dresser Shop)-Laverne Arthur Braun, 2795 Watergate Way, Kenai, AK 99611 (Lot 22, Block 1, VIP Park Estates) b. January S, 1997 Meeting Location 8. OLD BUSINESS: a. Notification on Home Occupation Permits 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: ~ a. Letter with attachments from KPB dated 10/15/96 b. KPB Ordinance 96-36 c. Herman S/D No. 2 KPB Administrative Approval Planning & Zoning Commission Minutes Page 2 November 13, 1996 d. Memos dated 10/28 and 10/31/96 from R. Harris, KPB e. Notice of KPB Planning Commission Action dated 10/15/96 & 10/31/96 f. "The Roles and Responsibilities of Elected and Appointed Officials in the Planning Process" g. Memo dated 11/6!96 from C. Graves with Supreme Court Case No. 5-6532 h. "Conditional Uses" by Lee Sharp (2/11/95) i. "Variances To Land Use an Platting Regulations" by Lee Sharp (2/11/95) ~. City of Kenai 1997/98 Capital Improvement Projects Resolution 96-86 k. City of Kenai Ordinance 1723-96 Approving and Adopting the City of Kenai's Comprehensive Plan 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: Respectfully submitted: ~, ari yn Kebschull Administrative Assistant j ~ 't ~(./__ C~, l STAFF REPORT To: Planning & Zoning Commission Date: October 23, 1996 Prepared By: JL/mk Res: PZ96-70 GENERAL INFORMATION Applicant: Whitford Surveying 1902 Wyatt Way Kenai, AK 9961 1 Requested Action: Preliminary Plat Approval-Radar Subdivision No. 2 Legal Description: Resubdivision of Tract "C" Radar Subdivision-Replat No. 2 Existing Zoning: IL-Light Industrial Current Land Use: Light Industrial -Tract C-2 Undeveloped -Tract C-1 ANALYSIS City Engineer: This plat splits the existing Tract "C" into two Tracts-C-1 and C-2. No installation agreement needed. No water and sewer available. Building Official: No building code issues. RECOMMENDATIONS Approval. ATTACHMENTS: 1 . Resolution No. PZ96-70 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOL UT/ON ND. PZ 9 6- 70 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS, the attached plat Radar Subdivision No. 2 as referred to the City of Kenai Planning and Zoning Commission on October 21, 1996 and received from Whitford Surveying ,and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) Plat area is zoned IL-Light Industrial and therefore subject to said zone conditions. 21 Water and sewer: Not Available 3) Plat does not subdivide property within a public improvement district subject to special assessments. 4) Installation agreement or construction of improvements is not required. 5) Status of surrounding land is shown. 6) Utility easements, if required, shall be shown. 7) Plat must verify that no encroachments exist. 8) Street names designated on the plat are correct. 9) CONTINGENCIES: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE RADAR SUBDIVISION NO. 2 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, DECEMBER 11 1996. J ., HAIR ARSON Q~C T EST: Planning Secretary . ~ -:` a z r: ,,~ , ,~ .. r ,.j , . N ~,-: -. ~y ~ ~.. ~ ,. ~ Y ;, a + ~': ' } ~ .t A4` ~,~~..- , f~ q•. f'' r "' ~ w ~ i r d'. ;/' ~•(.,i' (. ~rs3 ~..i C.. Y f ;r .r i,~ C '.f,i,'t'. 5 .~i r .~' '~ y~., rr. ;y~ ' r ;:,~`; ~~ _ ,,,,. Y~ rY } ~ 7~ t ' w F' ~ ~~ i o . ~ ~~~~~ 0 i~ ~ I ~7 ~ ~ ! I I I o a ~- ~SE~ 1 , Wa Q'OE ~ • I gf • Ye ~ ~ a j I 1 I .~ E O - c ~ ~ yy,,,,gg ~~ py~ ! i~ 3 ~ E ~ I ~~ i i I c Y e ~ • ~~ 6 a ~ ~ .~ Yo S cu ~;0~ ~~ ~=1 ~ F ~•b ~. ~ ~ ~ l a I J 11W ~ ! I l~ • 1 I aq II I ~8I i I W I~~ ~ c ~Oi O m V _ O!i' ~ I. , ~ p~ 1 I ly iP a i i ~ `` ~ I iC ` E I as~ i~ c • !g 66 -i3~~ I~ I ~ I~ 2~ I 8 ~. 1~2 - o a 1 ~ ~ I -1 ~ LHO. 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ZO.C0.00 _ _ _^ - ~ o N t I s ~ a ~.: ~a Q r ~° / i ~ a r , •~ ~ / ti r.rs•ns ~,ro.soa/r i, / / _~ ~ %" ' ~~ . y l 11, S / ~. •E i t' ~' J / / - '~ E. z°... ~~ ~N Y f -~ ~ ~ ~ U ' Y e a ~~ n ~~ Q .: ~ a7 J ~ ~ o ~ ~~ ~~ I ~ I~ w ~ a ~ ~y « L. ~ ~~ ~ D ° o`« a .. ,, v " • .~ o s c I S ~ y }} u= ~ ~ ', 4 F ~ . ~~ ~ . ~ r~~ s ' • O - ; 's ~ e`~ ~ '.I~y -; ~ " ~ a M •; ~. , ~. ` • ^' ~ ~~ ~ N yy Z ~ e 'L ~ ( t }y S r CITY OF KENAI ~~- -- G,GI G~~~~l ~ y4~~~ -, ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ .~~~ 1'II~1 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been Scheduled for the Planning and Zoning Commission Meeting of December 1 1, 1996: An application for a Conditional Use Permit to operate a retail business selling plants and garden accessories from the residential greenhouse for the property described as Tract 1, Rocking Bar A Subdivision (4806 Strawberry Road), Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the City Hall Council Chambers. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 9961 1-7794 prior to December 1 1 th. For more information please contact Jack La Shot or Marilyn Kebschull at 283-7933. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY November 27, 1996 STAFF REPORT To: Planning & Zoning Commission Date: November 27, 1996 Prepared By: JL/mk Res: PZ96-73 GENERAL INFORMATION Applicant: Connie Royal 4806 Strawberry Road P.O. Box 2461 Kenai, AK 9961 1 Requested Action: Conditional Use Permit-Greenhouse and Garden Retail Legal Description: Tract 1, Rocking Bar A Subdivision Existing Zoning: RR-Rural Residential Current Land Use: Low Density Residential ANALYSIS City Engineer: Applicant wishes to use her greenhouse for six to eight weeks in the summer to sell plants and garden accessories retail. The residence has a private driveway for access to and from the greenhouse from Strawberry Road. It may be best to specify a time frame that covers the summer (May 1 -September 1). Building Official: Not available for comment. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ96-73 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUT/ON NO. PZ 96-73 CONDITIONAL USE PERMIT. A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: CONNIE ROYAL ___ USE RETAIL OF PLANTS AND GARDEN ACCESSORIES FROM RESIDENTIAL GREENHOUSE LOCATED TRACT 1, ROCKING BAR A SUBDIVISION (4806 STRAWBERRY ROAD) WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: November 27, 1996 2) This request is on land zoned: RR-Rural Residential 3) 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. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: December 1 1, 1996 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED CONDITIONAL USE PERMIT 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, DECEMBER 11 , 1996. ~ ~ - ~ CHAIF~P R~ O ATE T: Planning Secretary .~~ _ ~~ CITY OF KENAI ' CONDITIONAL USE PERMIT ~ ~~~ ~M„t ., NAME ~: y~J~ ~ ~ c- is PHONE ~~ 7 ~ .~ .~ V ~ / ~ ~s!?SL S`r MAILING ADDRESS ~~ n~ // `~,~:. ~X ~ C_G~ iu~?~ , r/ f ADDRESS y~~ `f'T~/~aJ ~ ,~~. ~-~,• i7 LEGAL TQ~/(,/ ~f~/L~ I,i.~ SO'7 K/I~ `~3C.)/a? DESCRIPTION ~,{- ~ A ~, "~,~r / ZONING C ~ RR-1 RS RS-1 RS-2 CC CG IL IH R RUl DISTRICT Section 14.20.150 of the Kenai Municipal Code outlines regulations which allow Conditional Use Permits for certain developments. PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. A Conditional Use Permit issued by the Kenai Planning and Zoning Commission is required for some uses which may be compatible with principal uses in some zones n if certain conditions are met. I understand a K C conditional use permit is required for the proposed dev opment as descrT1;bed: J~ _ ~ ' ' `~ ' ~' ,E E_ f: Ll l~s~/'SE /f/i ' ~7f1~PG~N f~r7~t?iFR 1S4 Please submit site Plan, Map (if available) and Traffic Flow & Parking Please submit plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and data as may be required. A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached sheet). -Q' An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed six months upon a finding that circumstances have not changed sufficiently since the date of initial permit C approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extension. ADDITIONAL CONII~IENTS .~ - Applicant Signature: -~~fZ~Jl.~' ~G~ Date: ~~ ~ Approved at P&Z Meeting: J Appr ed: Chairperson i j~ 1 i 1 +( 1 1 t I 1 i i ., I 1 1 1 i It .- ._~ M (~s~.as) ~ ~ ~ r • f ~ r / Nyt A,~Yr M~ a ~.N ._ I ~ ~ / . l 1 J 1 r ~ ! r • , r ,~ t . 1 I ~.9 ~ ~ r ~` `~ 1 ~~ !~ Tract 1 ~`~ t N ' 1 (1,000 Acre) ~' '' 1 ~ n _ f ~~--- N oecx _~_ ~ . ~ .9 N t.t ~ ° o~c,k • 0 V 059.95 ) ~~. ~' _- LEGEND AND NOTES ~` Found official monument. ~ ' (~ Found 5/8'~ rebor., r Found 1/2~~ rebar.• ~ N o Set 1/2 ~~ rebor. () tndicotes Datum of Record. o Wei! ° ~eP1ic veof •. .. ~ Power pole . .. SC EE, ° SDr AttFC No. 4922 MBS No. 86U3842 . 'REPARED 'FOR c A.H,F,C, c/o Beluga Realty ~ P.O.-Box 535 Kenai, Alaska 996211,, ~' .t ... 4 I 4~.~.~'^n~ ~~ 9 h~?~cl1o ~ C~~~~~,~~ ~t • TPt '1'r ' k rr ' ~ ., r~~'' C11?r ~ G`r!`r,cr w S-BUILT SURVEY 1 honbr eorllly ihol 1 hero run•rtd IM lotlor<)nq d•rcrtb.c rrowrtl'~._Tl~ct 1 Rocking Bar A =subdivision ocotod M 1hi _Ken_$ a~ R.torfinq pirfrter, Jarkdr and fhal Ihi Improrlm•ntr Nluabd (ht-•on oro tlhln Iho -roplrt tin/t and do oof eroriap a onaooch n th• ptdpktr lyfe a otonf fhoroto Ihal ee IMpror•- Nnli on fhi proPd ltind idJotonf f~itr•to oneroocA o" ~+ Orernb+t le QvifUon dad that Ihtrt aro no roodratr, ontmttibrt llnit or other rbblo ooNmenh- oe told pmp•rtr eopl of indkd Mroar, ~•d~ J 19, i9$ • t a ~ L~ 011 •• t a oe r At. ftigr+firid Lded Surrtirort cclti9ttNt NoTEr. Ir to iM r••pon•ibwy of ro• root fo dotormino Iho o•1•t•nt• of enf •t••m•nt•, eaa~ati pmviitonta ef.rhu eii eo ePrt.milonut arld am 4dte h•rooo Ot ut•d for eon•Iruetion tot otlobitthinp bou~dry or lento Itaoo, flrld Eeo! Ne_ __ 89-14-04 STAFF REPORT To: Planning & Zoning Commission Date: October 31, 1996 Prepared By: JL/mk Res: PZ96-72 7~ GENERAL INFORMATION Applicant: Laverne Arthur Braun 2795 Watergate Way Kenai, AK 99611 Requested Action: Home Occupation Permit Legal Description: Lot 22, Block 1, VIP Park Estates Lots 19-32, Block 1 Existing Zoning: RR-Rural Residential Current Land Use: Low Density Residential ANALYSIS City Engineer: The applicant wishes to operate a beauty/hair dresser shop at the referenced location. This use is consistent with the KMC. Building Official: Applicant is required to get a final inspection, once this building is complete, at which time an as-built survey will be required. RECOMMENDATfONS Approval. ATTACHMENTS: ,1. Resolution No. PZ96-72 2. Application 3. Drawings GITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ 96-72 HOME OCCUPATION PERMIT 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: BEAUTY/HAIR DRESSER SHOP located 2795 WATERGATE WAY LOT 22 VIP PARK ESTATES and to be operated by LAVERNE ARTHUR BRAUN WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on October 30. 1996 . 2. That the application has been reviewed by the Commission at their meeting of November 13. 1996 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: a. Applicant is required to get a final inspection once the building is complete, at which time an as-built survey will be required. 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 11th day of December 1996. A E T: Planning Secretary ~/ ` z Chairman 1791-1991 CITY OF KENAI G'~cu~.l a~ ~l~i~cz „ -~ 210 FIDALGO KENAI, ALASKA 99611 ~ TELEPHONE 283-7535 m FAX 907.283.3014 HOME OCCUPATION PERMIT NAME: li~y~"Rti'i= ~12t1iu2 ,(~RAl~i~/ PHONE: ~d7 ~~3 ,~/r~-- ADDRESS: :~7 % ~ (,~,/./~TF_r~ ~j~~-~ ~° W~~ ~ /(~i=.t/A.L ~-!f SSG ~ LEGAL DESCRIPTION OF PROPERTY: y!l~ ~,4~1/~ moo?- '`~ Z Z. DESCRIPTION OF OCCUPATION: i3,~.~c~r y S/toy ~j %,Ai n, ~! ~~. s so ~. ~ Section 14.20.230 of the City of Kenai Municipal Code outlines regulations which allow Home Occupations in residential zones, subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. _~~ Not more than one person outside the family shall be employed in the home occupation. 2. ~ No more than 30~ of the gross floor area of all buildings on the lot shall be used for the home occupation. Please submit site plan with square footage and area clearly marked where business will take place. 3. ~2 The home occupation shall be carried on wholly within the principal building, or the buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. Wil is development require a building permit? YES NO (circle one) Applicant's Signature: Approved: CHAIRPERSON T EST: Date : -L~ r1' ti" % ~~ ~'~~~t hcT' ~ ~~ ~`~~a~~ ~ ~~~~ ~~ Q -~- ~s 6 ~----- ~~3,~ ~~ , a a.~~; w ~._. _~ l 5'~! ~' fE~ ~. --"~ ~ -r ' i ~ ~~ ~- ~~ i ~~,a ~ s~''' ~~ G V.) ~ t~ P a t,-~ u.J~N~'v ~N~ (~'„~- ~y ~~,~' s~ -~ ~~,i ~~ ~.- ~, `~ ~! ~. ~~ 5 8'~ La ~~ g5.Q7• , E OF A[ S I P ~ ,q I '~ . 'F ~I .w ~.~ 9~ * ;.49 ~ * ~ :~ S . ............ . n D Yeor Flood L~fne %'>~, .1A. SCOTT Yt~./WE. ,~ . /~ '~~~. .. 4x28-S ,. q~: , CA ~~~`` , '~ io ity S LE \\\ ~ = so' LOT 22 49.595 S.F. BLOCK ON E ~ LEGEND AND NOTES Top of Bank O Found 5/8" Rebar f I • Found 1/2' Rebar Septic Vent W I~ ~ Existing I t.~ Q Well ~ N ~ N N ~' House = ~ ~ I ~) Indicates Record Datum N n ~ ;n -0 tdeter Pole f 2 a I by I ~ 1) The bearings and distances shown hereon In w Z relative io the property boundaries were derived a c 'v ~, ~ from data of record. 2) Thi dra in d i ti t t w g s ep s precons ruc on c '~ m ~ conditions os identified by the owner or builder I of `Je,~ ~~ ~ i / and will not suffice as an os-built representing post construction activities. 24, O ,~ 15• in h~/ I / H rn M o 0 -_ $~ N 25' Front Yord ~~ ~ M L= ~) 7 ~O Building Set Back R=2oao.oo• WATERGATE WAY gp~~ PLOT PLAN 1 hereby cerllfy that 1 helve prepared o plot plan la the IoNawinq LOT 22 BLOCK ONE V.LP. PARK ESTATES LOTS 19-32, BLOCK ONE _ _ lototed in the __ KENAI ___Recording Dislrlct. Alaska. oozed: May 25, 1993 IAtLone and Asaociotes----_--~-- Registered Land Surveyors ~` Memorandum Date: 11 /06/96 To: Planning & Zoning Commission ~ From: Marilyn Kebschull, Administrative Assistant RE: MEMO DATED 10/23/96--COUNCIL MEETING SCHEDULE JANUARY 8, 1997 P&Z MEETING LOCATION The attached memo from Clerk Freas outlines information regarding council meetings for November and January. The Council's change of their meeting date from January 1 to January 8, 1997 will necessitate P&Z meeting in a location other than council chambers. I have confirmed that the library conference room and Senior Center are both available. WHERE WOULD THE COMMISSION PREFER TO MEET? Attachment CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 MEMORANDUM ~ I I ~s 1992 TO: ALL CONCERNED FROM: Carol L. Freas, i Clerk City of Kenai DATE: October 23, 1996 RE: COUNCIL MEETING SCHEDULE CHANGE November Council Meetings-. Because a majority of members of the Kenai City Council will be attending the AML Conference in Anchorage November 20-23, 1996, the regularly scheduled November 20 council meeting has been changed to November 13, 1996. The packet day for the November 13 meeting will be November 8 -- same deadline, etc. as any normal council meeting packet day. Remember, Student Government Day has also be set for November 13. I will forward more information about the students, etc. when I receive it. January Council Meetings: Because January 1 falls on the first Wednesday of the month, which would be the regularly scheduled council meeting date, the first council meeting of January has been changed to January $, 1997. Packet day for the January 8 meeting will be January 3, 1997. If you have any questions, please contact me. clf ~~~ Memorandum Date: 10/31/96 To: The Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant` RE: NOTIFICATION ON HOME OCCUPATION PERMITS The following information is provided in response to your request for additional information on notifying neighboring property owners when Home Occupation Permits are issued. As far as I can determine, the code. requires notification only for items requiring a public hearing. Home Occupation Permits are issued to permit occupations within residences that are secondary or incidental to the residential use of the main residence. Quoted from the code, "In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter." A copy of this section of the code is attached. Under the current guidelines, a Home Occupation Permit does not require a public hearing, carries no fee to the applicant, and can be accepted up to one week prior to the next scheduled meeting. Conditional Use Permits are issued for uses which may be compatible with principle uses in some zones and in general may draw more attention than an occupation as allowed as a Home Occupation. Conditional Use Permits require a public hearing, carry a fee of $105, and must be received no later that 14 days (will be changed to 21 days in 1997) prior to the next scheduled meeting. A copy of this section of the code is attached. KMC 14.20.280 Public Hearings and Notifications governs public hearing notification requirements. The code requires that notice be published twice in the newspaper, the first publication not less than seven days prior to the scheduled meeting. In addition, every property owner within a 300 foot periphery of the affected parcel be notified via certified mail. A copy of this section of the code is attached. Attachments licensed by the State of Alaska. (21) Roof sign is a sign erected upon or-above a roof or parapet of a building `` or structure. (22) Sien means any words, letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made '~~ known, such as are used to designate an individual, a firm, an association, a ~,~ corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (23) Sign stricture is a structure which supports or is capable of supporting any sign as defined in this Code. A sign structure may be a single pole or poles and may or may not be an integral part of a building. (24) Temporary sign is any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, designed to be displayed for a limited period of time only. (25) Wall sign is any sign attached to, painted on, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. (Ords. 961, 1052) 14.20.221 Penalties: In addition to the penalties by ICMC 14.20.260, signs in violation of this chapter shall be subject to forfeiture. (Ord. 961) 14.20.230 home Occupations: (a) Intent. It is the intent of this chapter to permit home occupations which aze compatible with other permitted uses and with the residential character of a neighborhood, and which are clearly secondary or incidental to the residential use of the main building. In general, a home occupation is an accessory use so located and conducted that the average neighbor, under normal circumstances would not be aware of its existence other than for a sign as permitted in this chapter. Home occupations are permitted accessory uses in residential zones only so long as all the development requirements listed in this section aze observed. (b) Uses Permitted. Subject to the development requirements of this section, home occupations include, but aze not limited to, the following uses: (1) Art studio. (2) Day care of no more than eight children under the age 12, including children related to the caregiver. (3) Dressmaking. (4) Millinery. (5) Beauty parlor. (6) Tutoring and musical instruction. (c) Uses Prohibited. (1) Commercial auto and boat repair. (2) Commercial kennels or similar uses. (3) Convalescent homes for the Gaze of more than two patients. S69-09/01/95 14-46 CITY OF KENAI ~~ (4) Mortuaries. (5) Private schools with organized classes. (6) Real estate office. (7) Restaurants. (d) Development Requirements. (1) Not more than one person outside the family shall be employed in the home occupation. (2) No more than thirty (30 %) percent of the gross floor area of all buildings on the lot shall be used for the home occupation. (3) The home occupation shall be carried on wholly within the principal building, or other buildings which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. (Ords. 925, 1456) 14.20.240 Mobile Homes: (a) No mobile homes may be installed for use in the City of Kenai for public, commercial, or assembly purposes after the effective date of this ordinance. (b) No mobile home may be stored outside in the City of Kenai in a residential-zoned area after the effective date of this ordinance. (c) Mobile homes for residential use may be established only in mobile home parks as permitted in the Land Use Table. (d) Mobile homes which were installed prior to the effective date of this ordinance in conformance with applicable building code regulations in areas where now prohibited and used for residential purposes or stored outside may have such use continued indefinitely, Pxcept that such trailers shall not be replaced if destroyed or removed. (e) Mobile homes utilized on bona fide construction sites for offices, storage, or other such purposes may be so used anywhere within the City Limits on the construction job they serve, but shall be removed immediately upon completion of said construction. (Ords. 925, 1017, 1155, 1419) 14.20.245 Recreational Vehicles: (a) Recreational vehicle parks may be allowed by conditional use permit as provided by the Land Use Table. Prior to issuance of a recreational vehicle park conditional use permit, the parks shall meet the following conditions: (1) Adequate utilities for projected or actual use shall be available. (2) The projected or actual use shall not threaten the health and safety of adjoining landowners or recreational vehicle users in the park. (3) Any and all specific conditions required to comply with Subsections (a)(1) and (2) as determined by the Planning and Zoning Commission shall be met by the applicant. (b) Maintenance of Parks: Recreational vehicle parks are not to become a nuisance to sun:odnding properties. Recreational vehicle parks shall control dust, shield lighting from other properties, prohibit loud noises and maintain a clean and orderly appearance free from refuse. (c) Revocation of Permit: The conditional use permit may be revoked by the ~ i-iv~ia~yt 14-47 CITY OF KINAI . ~.':J ~ ~' (1) (2) (3) (4) (d) Co; Boazdwalks; Parking -not to include lazge trucks or trailer vans; Essential services (as defined in KMC 14.20.320(b)(28); Watchman or caretaker dwelling. nditional Uses and Structures: (1) Boat harbors, docks, wharfs, launching ramps; (2) Bunkhouses, bed & breakfasts, hunting & fishing lodges; (3) Fuel facilities for river boat traffic; (4) Convenience or grocery outlets; (5) Marinas, including boat rentals; (6) Aquaculture; (7) Charter or guiding services; (8) RV parks; (9) Multi-family units; (10} Hotels; (11) Restaurants. (e) Prohibited Uses and Structures: Any use or structure not of a character indicated under permitted principal use or conditional use shall be prohibited. (f) Muumum Lot Requirements: Shall follow the requirements for the Rural Residential (RR) Zone, including the 100' setback from slopes, bluffs, or banks as described in the Comprehensive Plan, Coastal Zone Management Plan, and Kenai River Special Management Area Plan. (g) Required Off-Street Pazking and Loading: Adequate off-street parking and loading shall be provided in connection with any permitted use in accordance with the provisions of KMC 14.20.250. (h) Signs: Signs may be allowed in conformance with KMC 14.20.220(g). (Ord. 89-1343) 14.20.154 Conditional Uses: (a) Intent: There are some uses which may be compatible with principal uses in some zones if certain conditions are met. The Commission shall permit this type of use if the conditions and requirements listed in this chapter are met. Before a conditional use permit may be granted, the procedures specified in this chapter must be followed. (Ord. 1504-9'2) (b) Conditional Uses in All Zones: (1) Uses not specifically permitted in the zone concerned may be permitted provided that the following conditions aze met: [i] Such uses must be similar to principal uses permitted in the zone; [ii] Such uses must be in harmony with the intent of the zone. (2) Development and extraction of natural resources which can be mined underground without substantially disturbing the surface of the land may be permitted together with the necessary buildings and apparatus, provided that the following conditions are met: [i] The benefits to the City in terms of economic development must J64-U7/16/y3 14-29 CITY OF K1: TAI Q. .. t~ outweigh any. adverse effects on adjoining properties; ~~° [ii] Asight-obscuring fence or uncleared buffer strip of good appearance acceptable to the Commission shall be provided between such uses and all adjoining residential zones and all adjoining public rights-of-way. (3) Surface extraction of natural resources may be permitted provided that the standards are met and the procedures set out in this chapter are followed. The usual procedures for conditional use permits contained in this chapter shall not be applicable to conditional use permits for the surface extraction of natural resources. (c) Procedure: (1) An application for a conditional use permit shall be filed in writing with the administrative official and verified by the owner of the property concerned. [i] Application shall contain the following data with respect to the property and the applicant: (A) Legal description of the property involved; (B) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (C) Anon-refundable deposit advertising fee of $100.00. (2) The public hearing and notification procedure for a conditional use permit application shall be accomplished in accordance with the requirements of this chapter. (3) An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit was approved has not been implemented. The Commission may grant a time extension not to exceed svc months upon a finding that circumstances has not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public hearing shall not be required as a condition to granting the extension. (Ords. 925, 987, 1460) (d) Revocation: (1) The Planning & Zoning Commission, after public notification and hearing, may revoke a conditional use permit if it finds the permit holder has violated a provision of the Kenai Municipal Code, including but not limited to the provisions in Title 7. A decision by the Commission on revocation may be appealed to the Board of Adjustment pursuant to KMC 14.20.290. (Ord. 1549-93) (2) A person whose conditional use permit is revoked under this section may reapply for a permit under KMC 14.20. The Planning & Zoning Commission or Board of Adjustment may consider the prior revocation when determining whether to grant the new conditional use permit. (Ord. 1549-93) 14.20.151 An~lication for Conditional Use Permit for Surface Extraction of Natural Resources: An apphcation for a conditional use permit to engage in the surface extraction of natural resources shall be in writing on a form supplied by the City of Kenai and shall be filed with the administrative official, along with the requisite fees. All applications shall be accompanied by the following documents and information: S64-07/16!93 14-30 CITY OF KF,NAI 14.20.280 Public Hearings and Notifications: (a) Intent: This section governs all public hearings held by the Commission as required by this chapter. ~~ (b) Public Hearing Notice: Notice of the public hearing shall be published twice in tt a paper of general circulation within the City. The first notice shall be published not less than seven (~ days prior to the date of hearing. The notice shall contain at least the following information: ~~"" (1) A brief description of the proposal on which the public body is to act; (2) A legal and common description of the property involved; (3) Date, time, and place of the public hearing; (4) Person and place to contact for more detailed information. (c) Property Owner Notification: A copy of the aforementioned newspaper notification shall be sent by certified mail to real property owners on record on the borough assessor's records within a 300-foot periphery of the parcel affected by the proposed action. This notice shall be mailed not less than ten (10) days prior to the date of hearing. When a public hearing is to be held about a proposed zoning ordinance amendment involving a change in the text or major district boundary changes, no notification of neighboring property owners shall be required, but notices shall be displayed in at least three public places. (Ord. 925) 14.20.290 Auoeals -Board of Adiustment: (a) Appeals from decisions of the administrative official or the Commission must be submitted in writing to the City Clerk within thirty (30) days of the decision. The appeal shall be heard by the Kenai City Council acting as the Board of Adjustment. (b) Procedure: (1) The Board of Adjustment shall set a date for and hold a hearing on all appeals within thirty (30) days of the filling of the appeal. However, should the thirtieth day fall on a weekend or a municipal holiday, the hearing may be scheduled for the next following weekday which the time andu lacce of suchd heari gesh~be 23.40.020(x)(1)-(10) and (b). Notice of p mailed to all parties interested and to all property owners within 300 feet of the property involved at least ten (10) days prior to the hearing. (Ord. 1650-95) (2) Within thirty (30) days after the hearing, the Board of Adjustment shall render a decision on the appeal. In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or requirement, decision or determination as ought to be made, and to that end shall have all the powers of the body from whom the appeal is taken. (3) All meetings of the Board shall be open to the public and the Board shall keep minutes of its proceedings showing its decision, the reasons for its decision, and the vote of each member upon each question. Said minutes shall be made a public record. (Ord. 925, 1554-93) 14.20.300 Appeal to Superior Court: An appeal from any action or decision of the Board of Adjustment may be taken by any person to the Superior Court as provided by state law and applicable ordinances. (Ord. 925) 569-09/01/95 14-58 CITY OF KENAI )~l ~. AGENDA RENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 13, 1996 7:00 P.M. RENAI CITY COUNCIL CHAMBERS http://www.Renai.net/city STUDENT GOVERNMENT DAY A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with 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. B. SCHEDIILED PUBLiC COMMENT (10 Minutes) ~~ ~~~ ~.. ~~~ ~•~a 1. Lynn Johnson - United Wa Presentation pi°~U~• y 2. Howard Dorsey - Snow Removal Concerns. C. PUBLIC HEARINGS ~~~~ ~ 1. ~ Ordinance No. 1725-96 - Increasing Estimated Revenues and appropriations by $3,750 in the General Fund for the Purchase of Banners. ~~~~ ~ 2. Ordinance No. 1726-96 - Amending the Kenai Municipal Code 14.20.220 to Establish Signage Requirements Within the Townsite Historic District Zone. 3. Ordinance No. 1727-96 - Amending the Kenai Municipal /~~/P~ ~' Code 14.20.105(k) to Conform with Kenai's Sign Code. 4. Ordinance No. 1728-96 - Increasing Estimated Revenues /"a5,~~ and Appropriations by $3,228 in the Airport Land System Special Revenue Fund to Purchase a New Computer. -1- b. Historic District Board c. Challenger Steering Committee d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINIITEB 1. *Regular Meeting of November 6, 1996. 2. *Board of Adjustment Hearing/Appeal of Delmar Sanders. F. CORRESPONDENCE G. OLD BIISINE88 A. NEW BIISINE88 ~~~~~j~ye~ 1. Bills to be Paid, Bills to be Ratified ~t~j~/~• 2. Purchase Orders .Exceeding $2, 500 E%ECIITIVE SESSION - None Scheduled. I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCIISSION 1. Citizens (five minutes) 2. Council R. ADJOIIRNMENT -3- /~ KENAI PENINSULA BOROUGH PLAT COMMITTEE ,~~1g~~21`~ BOROUGH ADMINISTRATION BUILDING ~~ `~"?~'~, PLANNING DEPARTMENT ~ y ~ '"~ SOLDOTNA, ALASKA ~` ~ ' November 25, 1996 5:30 P.M. Tentative Agenda p'''er A. CALL TO ORDER ~~ Members: Peggy Boscacci B. ROLL CALL Seldovia City Term Expires 1887 C. APPROVAL OF AGENDA, EXCUSED ABSENCES AND MINUTES Phiflp laryson icenai city 1. Commissioner Excused Absences Tenn Expires 1888 Ellis Hensley, Jr. a. No excused absences requested. Niklskl Tenn Expires 1888 2. Minutes Ann YVhitrnore-Painter Moose Pass Area b. November 13 1996 Term Expires 1887 , D. CONSIDERATION OF PLATS Alternates: John Harrmekrwn 1. Little S/D G & S Replat; Soldotna City ~~~ Preliminary; Integrity Surveys Term Expires 1988 KPB File 96-234 &ent Johnson Kasilof Area 2. Seward Park Phase 4; north of Seward Term Expires 1887 Preliminary; Integrity Surveys KPB File 96-236 3. Marathon View 3; north of Seward Preliminary; Integrity Surveys KPB File 96-237 4. Aliak Comer No. 2; Kenai City Preliminary; Integrity Surveys KPB File 96-243 5. Ridgeview Estates Addn No. 1; Kenai City Preliminary; Integrity Surveys KPB Fife 96-244 6. Questa Woods No. 7; north of Seward Preliminary; Johnson Surveying KPB File 96-235 i ~' 7. Ross' Retreat Addn No. 4; Barabara Point Preliminary; Mullikin Surveys KPB File 96-238 8. Anchor Heights Park 1996 Addn; Anchor Point Preliminary; Mullikin Surveys KPB File 96-239 9. Greenwood Heights 1996 Addn; Greer Road Preliminary; Mullikin Surveys KPB File 96-240 10. Newell Park East; Greer Road Preliminary; Mullikin Surveys KPB File 96-242 11. Wrangle S/D Fair Addn.; east of Scout Lake Loop Preliminary; Segesser Surveys KPB File 96-241 12. Moms Estates; Funny River Road Preliminary; Whitford Surveying KPB File 96-245 13. Langhus S/D No. 2; east of McNeil Canyon Preliminary; Roger Imhoff KPB File 96-246 14. Inspiration Valley; south of Diamond Ridge Road Preliminary; Roger Imhoff KPB File 96-247 15. Reger S/D Banner Addn.; Soldotna City Preliminary; Wince-Corthell-Bryson KPB File 96-249 SOLDOTNA CITY MINUTES NOT RECEIVED. PLAT IS RESCHEDULED TO DECEMBER 16, 1996. 16. Miller's Hide-Away Lakeview Addn; Island Lake Preliminary; Swan Surveying KPB File 96-248 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is December 16, 1996 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. John Hammeknan /~, Chairman Areawide Tenn Expires 1899 B, Philip Bryson Vice Chairman (/, Kenai City Term Expires 1988 Ann Whi6nore.Painter Parliamentarian Moose Pass Area Term Expires 1887 Pog9Y G. Boscacci PC Member Seldovla City Term Expires 1997 Wayne Carpenter PC Member Seward City Tern Expires 1989 Robert Clutts PC Member Anchor Point Term Expires 1898 Wes Coleman PC Member Soldotna city Term Expires 1898 Leroy Gannaway PC Member Homer city Tern Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1988 Brent Johnson PC Member Kasibt Area Term Expires 1897 Tom Knock P'C Member Cooper Landing Term Expires 1998 KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA NOVEMBER 25, 1996 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL ~h~1~ 1g192021222~ ~ ~ ~~ M ~QV I998 N~ o ~ ~ ~ ~~t~ o~~o APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public 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 a. Piper's Haven S/D [Ability Surveys] KPB File 95-144 Location: East of Sterling Highway south of Happy Valley b. Piper's Haven Unit 2 [Ability Surveys] KPB File 95-137 Location: East of Sterling Highway south of Happy Valley 2. Plats Granted Administrative Approval 3. Plats Granted Final Approval Under 20.04.070 -None 4. KPBPC Resolutions -None Mike Navarre, Mayw Use Parker PlanMng Dir~toF.,,...,.. ~ ManJ;e~PPY ~ ~" ''~, . ~~ ''~ a~ ~=1 ~. ~, ~ ~ r.~ Q~,F ~ ,. :, t 5. Coastal Management Program a. Coastal Management Program Consistency Reviews - None b. Conclusive Consistency Determinations Received from DGC -None c. Administrative Determinations 6. Kenai River Habitat Protection (KPB 21.18) -none 7. Commissioner Excused Absences a. No excused absences requested. 8. Minutes a. Plat Committee November 13, 1996 Minutes b. Planning Commission November 13, 1996 Minutes D. COMMISSIONERS c. Annual Election of Officers E. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) F. UNFINISHED BUSINESS 1. Establishing regulations for subdivision wastewater disposal; final draft ordinance Chapter 20.14 G. PUBLIC HEARINGS 1. Petition to vacate alley between Hughes & Fairbanks Streets, Woodrow Alaska S/D Section 12, Township 1 North, Range 1 West, Seward Meridian, Alaska; KPB File 96-214 2. Renaming a portion of Surf Street to Baxter Street, lying north of Corea Creek and Sterling highway, within Howard Subdivision (Plat KN 94-32), within Section 13, T1 N, R13W, S.M. z 3. Petition to reclassify from Preservation to Commercial approximately 5 acres of Borough land located in Cooper Landing in the Quartz Creek area. H. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate portion of utility easement within Lot 1, Block 3, Willow Brook S/D Phase 1. Sec 22, TSN, R11 VJ, S.M., Alaska; KPB File 96-227 [Integrity Surveys] 2. Petition to vacate portion of utility easement within Lot 8, Block 2, Willow Brook S/D Phase 1. Sec 22, TSN, R11 W, S.M., Alaska; KPB File 96-228 [Integrity Surveys) 3. Petition to vacate portion of utility easement within Lot 3, Block 2, Willow Brook S/D Phase 1. Sec 22, TSN, R11 W, S.M., Alaska; KPB File 96-229 [Integrity Surveys I. SPECIAL CONSIDERATIONS P/W Clarkson, Robert Leslie Sr.; KPBPC Resolution 96-55: Granting a platting waiver to certain lands within Section 3, Township 2 South, Range 12 West, Seward Meridian, Alaska; Homer Recording District; KPB File 96-233 2. Naming a Private Access Easement Granted by Document Recorded on Book 291 Page 412 KRD Within Section 3, TSN, R9W, S.M., Sterling Air Park Street; KPBPC Resolution SN 96-10 J. CONSIDERATION OF PLATS 1. Sixteen plats will be reviewed by the Plat Committee. K. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None L. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS - None M. OTHER/NEW BUSINESS N. ASSEMBLY COMMENTS O. DIRECTOR'S COMMENTS P. COMMISSIONER COMMENTS Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet November 25, 1996 in the Planning Department at 5:30 p.m. to review plats. WORK SESSION Material Site Working Group. A work session is scheduled for 5:30 to 7:00 p.m. Monday, November 25, 1996 to be held in Conference Rooms A and B. The topic is KPB Chapter 21.13, Conditional Land Use Permits for Sand, Gravel or Material Sites. Contractors, engineers and other interested parties are welcome to attend. The next regularly scheduled Plat Committee meeting is December 16, 1996 at 5:30 p.m. in the .Planning Department at the Borough Administration Building in Soldotna. The next regularly scheduled Planning Commission meeting is December 16, 1996 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Cooper Landing Advisory Planning Commission November 20, 1996 Agenda ~~~ .. November 14, 1996 ~~~~-'~~ Kenai Peninsula Borough r Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF NOVEMBER 13, 1996 RE: Star of The North S/D Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent November 14, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: McLane Consulting Group, P.O. Box 468, Soldotna, Alaska 99669. Subdivider/Petitioner. Star of the North Lutheran Church 216 North Forest Drive, Kenai, Alaska 99611-7403. KPB File Number. 96-219 AGENDA ITEM D. CONSIDERATION OF PLATS 3. Star of The North S/D KPB FILE 96-219 [McLane Consulting Group] Staff report as read by Maria Sweppy. Location: Forest Drive and Third Avenue, within the City of Kenai Proposed Use: Residential/Commercial Zoning: Suburban Residential (RS) Sewer/Water: City (Preliminary) Plat Committee Meeting 11/13/96 Sunnorting Information: This subdivision of Gov't Lot 94 will create two lots, as well as formally dedicate rights- of-way. Dedication within the northem boundary is 33 feet. If the government lot easement is 50', the remaining portion of the easement is to be shown on the final plat. On October 23, 1996 the Kenai Planning and Zoning Commission recommended preliminary approval be granted. The Kenai Commission further approved a possible redesign, wherein the northem line of Lot 2 may be shifted southward. If the line is relocated, there must be a distance of ten feet between the line and the structure. Exception(s~ Requested: KPBPC Resolution 88-02 -substitute note per proposed KPB Wastewater Disposal platting requirements. Planning staff reviewed this request and recommends granting the exception as requested. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Vicinity Map -Show Range. 2. Title Block -Correct spelling of Lutheran. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 3. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 4. Conform to conditions of KPB Planning Commission Resolution 78-6. 5. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 6. Compliance with Ordinance 90-38(Substitute) -Ownership. 7. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Clutts moved, seconded by Commissioner Whitmore-Painter, to grant approval of the preliminary plat subject to staff recommendations. VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI YES ABSENT YES ABSENT CLUTTS HENSLEY JOHNSON FIVE YES YES YES YES TWO ABSENT Kenai Peninsula Borough Plat Committee November 13, 1996 Meeting Page 5 UNAPPROV~~ 11,'li~IUTE -~ .. November 14, 1996 Kenai Peninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-8618 NOTICE OF PLANNING COMMISSION ACTION MEETING OF NOVEMBER 13, 1996 RE:. Mission Estates Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Planning Commission. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent November 14, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Whitford Surveying, P.O. Box 4032, Soldotna, Alaska 99669-4032. SubdivideNPetitioner. Russian Church, c/o St. Hermans Seminary, 414 Mission Road, Suite 2, Kodiak, Alaska 99615-7392; Cherrier 8~ Cherrier, 1833 Post Road, Anchorage, Alaska 99501-1715; James Amess, Box 1061, Kenai, Alaska 99611- 1061. KPB File Number. 96-221 AGENDA ITEM D. CONSIDERATION OF PLATS 5. Mission Estates (Preliminary) KPB FILE 96-221 [Whitford Surveying] Staff report as read by Maria Sweppy. Plat Committee Meeting 11/13/96 Location: Mission, Overland, and Alaska Avenues within the City of Kenai Proposed Use: Commercial Zoning: Tawnsite Historic District (TSH) Sewer/Water. Cray SuQporting Information: This is the subdivision of Lot A-1A Petersen Subdivision Addition No. 3, a portion of U.S. Survey 2970A Townsite of Kenai and Tract A, U.S. Survey 192. This plat formally dedicates right-of--way needed to construct the new Mission Street Improvement Project. The City is negotiating the right-of--way acquisition. Normally, staff would recommend retaining the parent subdivision name; however, this subdivision is coming out of several parcels. Additionally, the name works well with the City plans and project. ExceAtion(sl Requested: Survey and monumentation waiver on portion of Lot 192 A-3 not affected by this plat. This is a 7.04 acre tract which is partially bounded on the northerly side by Kenai Spur Highway. Planning staff reviewed this request and recommends granting the exception as requested. The Kenai Planning and Zoning Commission reviewed and recommended approval of the plat on September 25, 1996. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Correct or add to the legal description/location/area. Include quarter section. 2. Provide date of this survey. 3. Identify all adjacent land status. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Identify exesting easements and label use; or cite record reference. 5. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Show Recording District in or near the title block. 8. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 9. Compliance with Ordinance 90-38(Substitute) -Ownership. 10. Compliance with Ordinance 90-43 -Easement definition. 11. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat are sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Whitmore-Painter, to grant approval of Kenai Peninsula Borough Plat Committee Woverntxr 13, 1996 Meeting Page 7 n.,,,-~ ;.~~n;~ .-r-,.. the preliminary plat subject to staff recommendations. Ms. Parker inquired about the location of Mission Avenue. She commented about the peculiar configuration of the lots. Ms. Hams pointed out Mission Avenue on the plat. She added the subject plat improved the situation. Ms. Parker asked if the lots were connected to city water and sewer. Ms. Hams replied yes. VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI YES ABSENT YES ABSENT CLUTTS HENSLEY JOHNSON FIVE YES YES YES YES TWO ABSENT Kenai Peninsula Borough Plat Commdtee November 13, 1996 Meeting Page 8 rte-. !-*. r^~ ~ . ~ , ~ ~- -% °~ November 27, 1996 Kenai Peninsula ~orougll Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-3618 NOTICE OF BOROUGH PLAT COMNIITTEE ACTION MEETING OF NOVEMBER 25, 1996 RE: Aliak Corner No. 2 Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent December 2, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Charles & Joyce Woodcock, 1902 East Aliak Drive, Kenai, Alaska 99611-8907; Michael Coleman and Sheila Byrne Coleman, 10819 Spur Highway, Suite 516, Kenai, Alaska 99611-7848. ,L3456 ~8s KPB File Number: 96-243 ~ ~ ~ lp~ ~~ a~ ~ o~ W a «~ ~; r~~2~t ~Z026v ~ zz AGENDA ITEM D. CONSIDERATION OF PLATS 4. Aliak Comer No. 2 KPB FILE 96-243 Staff report as read by Maria Sweppy. Location: Swires Road and East Aliak Street, within the City of Kenai Proposed Use: Residential Zoning: Suburban Residential Sewer/Water: City (Routine Preliminary) Plat Committee Meeting 11/25/96 Suooortino Information: This is a replat of Lots 1 and 2, Woodcock 1984 Subdivision and Lot 3, Aliak Comer Subdivision into two lots. The Kenai Planning and Zoning Commission recommended preliminary approval on October 23, 1996. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. Provide name/address of owner(s). 2 Provide date of this survey. 3. Vicinity Map -Label Swires Road. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20: 4. Provide or correct dedication andlor approval statement(s) with notary's acknowledgement as needed. 5. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 6. Remove building setback statement on the plat within city limits. 7. Conform to conditions of KPB Planning Commission Resolution 78-6. 8. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 9. Compliance with Ordinance 90-38(Substitute) -Ownership. 10. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Boscacci moved, seconded by Commissioner Whitmore-Painter, to grant approval of the preliminary plat subject to staff recommendations. Cliff Baker requested a waiver to KPBPC Resolution 88-02. The subdivision has been approved by ADEC, and it is within the city. Mr. Best concurred. FRIENDLY AMENDMENT: Granting approval to the request for a waiver to KPBPC Resolution 88-02 was included in the motion. Commissioners Boscacci and Whitmore-Painter concurred. No objection was heard. VOTE: The motion as modified by friendly amendment passed by unanimous consent. HAMMELMAN WHITMORE-PAINTER BOSCACCI HENSLEY FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 25, 1996 MEETING PAGE 9 ,,~`~i~~'''J'vv ~a November 27, 1996 ~~enai Beninsula Borough Planning Department 144 North Binkley Soldotna, Alaska 99669-7599 (907) 262-4441, extension 260 FAX (907) 262-~61~ NOTICE OF BOROUGH PLAT COMMITTEE ACTION MEETING OF NOVEMBER 25, 1996 RE: Ridgeview Estates Addn. No. 1 Preliminary Plat The proposed preliminary plat was conditionally approved by the Kenai Peninsula Borough Plat Committee. The conditions of approval are stated in the attached draft minutes. If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning Department. This notice and unapproved minutes of the subject portion of the meeting were sent December 2, 1996 to: City of: City of Kenai, 210 Fidalgo Street, Suite 200, Kenai, Alaska 99611. Advisory Planning Commission: n/a Survey Firm: Integrity Surveys, 605 Swires Drive, Kenai, Alaska 99611. Subdivider/Petitioner: Mary Miller, P.O. Box 101654, Anchorage, Alaska 99510-1654. KPB File Number: 96-244 /~~g~587g97 O> >> N pEC ~ N ~~~ c'"n ~~~ ~~ ~~~ ~~~£ZvZ LZ~Z'6~ AGEt~iD4 ITE?A D. CONSIDcRATION OF PLATS Ridgeview Estates Addn. No. 1 (Preliminary) KPB FILE 96-2~4 [Integrity Surveys) Staff report as read by ~,4arta Sweppy. Plat Committee Meeting 11/25/96 Location: King Salmon Drive and Chisek Street, ~,vithin the City of Kenai Proposed Use: Residential Zoning: Rural Residential Sewer/Water. On-site Supporting Information: This is the subdivision of a 33-acre parcel into a 20-acre and an 11.783 acre parcel Per the Borough maps, Tract B is subject to a White Alice easement within the southeastern comer. That easement is to be shown on the final plat. Borough maps also indicate a creek or stream crossing Tract B. The final plat is to show the creek and any associated wetlands. When Tract A is further subdivided, an additional 10 feet of dedication to Ridgeview Court will be recommended to bring the right-of-way to 60'. Portions of the plat, as submitted, will not be legible on microfilm. Staff recommends the use of a larger font size and appropriate scale on the final plat. On September 11, 1996, the Kenai Planning and Zoning Commission reviewed a plat proposing five lots. A revised plat, proposing only the two tracts went before that Commission on October 23, 1996. The Kenai Commission recommended approval of the revised plat subject to: 1) a note on the plat that with further subdivision, an installation agreement will be required; and 2) correct M Street to Mink Court. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: Provide date of this survey. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL FLAT (N ACCORDANCE WITH TITLE 20: 2. Survey and monumentation to meet Ordinance requirements or an exception having been granted. 3. Conform to conditions of KP8 Planning Commission Resolution 78-6. 4. ADEC signature -compliance with regulations in effect at such time as plat is finalized. 5. Compliance with Ordinance 90-38(Substitute) -Ownership. 6. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing the plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. END OF STAFF REPORT MOTION: Commissioner Hensley moved, seconded by Commissioner Boscacci, to grant approval of the preliminary plat subject to staff recommendations. KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 25, 1996 MEETING PAGE 10 r.. ,, ~ . ~ ~ -r - .-• ,; , ,_ ;_., ~; v ,~ , , .. . Cliff Baker requested an exception to KPBPC Resolution 88-02. Both parcels are more than 10 acres. Mr. Best concurred. =RIEi~DLY A~r1END41ENT: Granting approval to the request for a waiver to KPBPC Resolution 88-02 was included in the motion. Commissioners Hensley and Boscacci concurred. No objection was heard. VOTr: The motion as modified by friendly amendment passed by unanimous consent. HAMMELfv1AN WHITMORE-PAINTER BOSCACCI HENSLEY FOUR YES YES YES YES YES KENAI PENINSULA BOROUGH PLAT COMMITTEE NOVEMBER 25, 1996 MEETING PAGE 11 r -*. -i i - + 1 ~ i= v ~C City of Kenai Planning & Zoning Commission Meeting Schedule -1997 AGENDA CUT-OFF DATES MEETING DATE Planning Commission Items Items Requiring Public Hearing January 8, 1997 January 1, 1997 ' December 18, 1996 January 22, 1997 January 15, 1997 January 1, 1997 February' 12, 1..997 February 5,' 1997 January 22, 1997 February 26, 1997 February 19, 1997 February 5, 1997 March 12, 1'997 March 5; 1997 February 19, 1997. March 26, 1997 March 19, 1997 March 5, 1997 ..April 9, 1997 April 2, 1997 Marcf~ 19, 1997 April 23, 1997 April 16, 1997 April 2, 1997 May`14, 1997 May 7, 1997 April 23,..1997 May 28, 1997 May 21, 1997 May 7, 1997 June 11, 1997 '' June 4; 1997 May 21, 1997 June 25, 1997 June 18, 1997 June 4, 1997 July 9,;1997 July 2, 1997 ,June 18, 1997 July 23, 1997 July 16, 1997 July 2, 1997 August 13, 1997 August 6, 1997 July 23, 1937 August 27, 1997 August 20, 1997 August 6, 1997 September 19, 1997 September 3,.1997 August 2Q, 1997 September 24, 1997 September 17, 1997 September 3, 1997 October 8, 1997 Octaber1;'1997 September'17, 1997. October 22, 1997 October 15, 1997 October 1, 1997 November 12, 1997 November 5, "1997 October 22, 1997 November 26, 1997 November 19, 1997 November 5, 1997 December 10, .1997 December 3, .1997 November 19, 1'997 December 24, 1997 December 17, 1997 December 3, 1997 NOTE: IF THE CUT-OFF DATE FALLS ON A HOLIDAY, THE NEXT WORKING DAY WILL BE CONSIDERED THE CUT-OFF DATE. 1~ ~ BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF ) THE DENIAL OF A VARIANCE PERMIT ) FOR DELMAR J. SANDERS ) Case No. BA-96-2 PROCEDURAL HISTORY On September 24, 1996, Delmar J. Sanders (Sanders) applied for a variance permit under KMC 14.20.180. A public hearing on the variance request was held by the Kenai Planning and Zoning Commission on October 9, 1996. The Planning and Zoning Staff report recommended approval of the variance. No public testimony was given at the hearing. Sanders was unable to attend due to a prior obligation. The Commission voted five to one (with one abstension) against granting the variance. Sanders appealed to the Board of Adjustment under KMC 14.20.290. The Board of Adjustment heard the appeal on November 6, 1996. Sanders was the only person testifying at the public hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW Sanders' lot is located at 825 Baleen Avenue in Kenai (Block 4, Lot S, V.I.P. Ranch Estates). His house is located in the RR (Rural Residential) Zone. The CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 1 of 4 setback in the RR Zone is 15'. Sanders requested a variance of 4'S" in the setback between Lots 8 and 9. The owner of Lot 9, James R. Hantz, submitted a letter of non- objection to the variance request. Sanders intends to build a garage if the request is granted. A map of the premises and the proposed variance is attached as Exhibit 1. Sanders was the only person to testify at the public hearing. He testified that his house was a manufactured home. The foundation was started in June and completed in September. He wants the variance in order to construct a 26' garage. He stated that he poured the concrete foundation for the garage already in order to beat the onset of cold weather with the understanding that it was at his own risk if the variance was not granted. As noted above, the neighbor affected by the decision does not object to the variance. This Board has previously noted the importance of the concerns of the affected neighbor in making such determinations. See, In the Matter of the Appeal of the Granting of an Encroachment Permit to Tom and Pam Cochran, Case No. BA-94-1 (Denial relied in part on neighbors objection to encroachment pemlit); In the Matter of the Appeal of a Variance Permit for Donald M. Aare, Case No. BA 94-2 (Denial of variance relied in part on neighbors objection). While the objection or non-objection of neighbors is not controlling in our decisions to grant or deny variances or encroachments, we find their concerns are relevant to our deliberations. The controlling factors to our decisions are those set forth in KMC 14.20.180(c). Our review of the factual findings listed above lead us to the conclusion that Sanders has met the requirements of KMC 14.20.180(c). CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 4 For the reasons stated above, Sanders' appeal is granted. DATED this 4th day of December, 1996. es C. Bookey, III, Council Me ,\ Duane Bannock, Council Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 4 Hal Smalley, Council I~ er DISSENTING OPINION We agree with the findings of fact of the majority. However, our review of the findings lead us to a different conclusion of law. We do not feel Sanders has met the requirements of KMC 14.20.180(c). In particular, we do not feel he has met the requirements of subsections (1) Special conditions on circumstances must exist peculiar to the land which aze not found on other land in the district; (2) The special conditions or circumstances must not have been created by the applicant; and (4) The variance request must be the minimum request for reasonable use of the land. Because his request has not met all of the criteria of KMC 14.20.180, we would not grant his request. We, therefore, respectfully dissent from the decision of the majority of the Boazd of Adjustment. DATED this 4th day of December, 1996. s _ Ra and Measles, Vice-Mayor ~~t9'tJL J Dore, Council Member Linda Swarner Linda Swarner, Council Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 4 of 4 ~i o 1\ c~ t 1"`01 S ~~ ~/ ~a~ Ftoc~se> 0-~ ~C IS~IrtCj ~I /D~~ ~o' S„ ~. ~ . . ~~e.~,v1 T ~a5 ~ caD b ArA9 ~+ -71 ro ~GSe..~ s.. a~' J k7' a V.I.~ ~P~I, c,i ~o' ..~ ~7' IS Naua ~ ~lsl tnq EXHIBIT 1 tv~ N i r~ V ~~ O Z F- W W Z O_ N ~_ O V C7 Z ' O N ~__._.~ C7 ~- Z ~ Z ~' J ~ a ,~ V w O a a z w ~ ~ ~ 1- ~ Z U ~ ~ Y } o~ w = OC V w Q m ~ C7 ~ U C7 y w Q d a z w ~ Y ~ 1= cn z v = N ~ >. ~ w = oC U w Q m ~ C7 m ~ U C7 .~ ~~ w a z Q Z ~ w O w Y ~ ~ N ~ .. ~ w = OC U m ~ C7 ~ U C7 w Q ~ Z Q W ~ Y ~ F- ~ Z U ~ (A ~G >- ~ w = p~ U U m ~ C 7 ~ U C7 r' II} v, N w a z Q w _ _ ~ Y ~ H w } ~ = ~ U m ~ C7 ~ U V' N w Q d Q z O w Y ~ H ~ Z U ~ ~ Y } oC w = p~ U ~ o D ~ C7 ~ U C7