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HomeMy WebLinkAbout1998-02-11 p&z packetCITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS February 11,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 28,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ98-OS-Variance for side yard setbacks-Lot 6, Block 5, Inlet View Subdivision, Third Addition, Part 1, 312 Rogers Road, Kenai, Alaska. Application submitted by Dennis & Kelly Gifford. 7. NEW BUSINESS: a. PZ98-06-Home Occupation Permit (Daycare~Lot 7, Block N, Woodland Subdivision, Part 3, 712 Maple Drive, Kenai, Alaska. Application submitted by Rachele Martin. b. Request to Purchase Lot 12, Block 2, Mooring by the River SD -Richard Swarner 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. House Bill No. 154 13. COMMISSION COMMENTS & QUESTIONS: j 14. ADJOURNMENT: CITY OF KENAI ~ PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS January 28,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: January 14,1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: 7. NEW BUSINESS: 8. OLD BUSINESS: ~ a. Goals & Objectives 9. CODE ENFORCEMENT ITEMS: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Bridge Access Road Rehabilitation Permit Information b. Historic District Board Minutes of January 19, 1997 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI ~ PLANNING AND ZONING COMMISSION January 28, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Chairman Glick called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord Members Absent: Teresa Werner-Quade, Karen Mahurin, Michael Christian Others Present: Administrative Assistant Marilyn Kebschull, Councilman Duane Bannock, Contract Secretary Barb Roper 2. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED THE MOTION. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: -January 14, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF JANUARY 14, 1998 AND ASKED FOR UNANIMOUS CONSENT. BRYSON SECONDED THE MOTION. Bryson requested to clarify a statement he made on page 24, the fifth paragraph, the first sentence should read, "Bryson indicated he had several areas of concern. The location has several areas... The second sentence should have a period after street. The third sentence should read: "Encourage access to a street is a much better and safer situation than a driveway, providing a guaranteed visibility; ... The fourth sentence should begin with, ": "Bryson also felt.... The last sentence should read, "Bryson indicated at this time he will vote in opposition of the re-zone but also feels there are areas of concern that can be worked out. Planning & Zoning Commission January 28, 1998 Page 1 The first paragraph on page 25 should read, "Bryson also commented on the area being referred to as being a green belt and a buffer. He reminded the group that it is not a green belt nor a buffer, it is a residential zoned area. THE MINUTES OF JANUARY 14, 1998 WERE APPROVED WITH THE ABOVE NOTED CORRECTIONS. 4. PERSONS PRESENT SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: -None 7. NEW BUSINESS: -None 8. OLD BUSINESS: a. Goals and Objectives Kebschull asked the Commission to develop a method of proceeding with the goals and objectives or determining a place to start. Kebschull recommended the land development requirements table be looked at first as some work had been done on it when the land use table was being worked on. Kebschull continued, with the building season approaching this may be a good place to start to clarify the requirements before people begin requesting building permits. It was clarified the goals and objections were accepted at the last meeting. Kebschull indicated that staff could bring the Commission a recommended starting point as the building official had already gone through and made some recommended changes. The City Engineer will also review the table. After a brief discussion it was determined this would be a good place to start so the Commission will wait for input from staff. Kebschull asked if the Commission wanted to continue handling the goals and objective items under Old Business in the regular meetings before setting work sessions. Glick asked to wait to see how big the project would be, it is possible they should be handled in a work session. 9. CODE ENFORCEMENT ITEMS: None Planning 8v Zoning Commission January 28, 1998 Page 2 - 10. REPORTS: a. City Council: Councilman Bannock gave the following report based on the agenda from Council's January 21, 1998 meeting. Page 2, Under New Business, Item H-5, the conditional use permit request was dealt with by the Planning and Zoning Commission at the January 14, 1998 meeting. Mr. Hugh and Joe Chumley both appealed the decision and this is scheduled to be heard at Council's February 4, 1998 meeting. Councilman Bannock encouraged the Planning and Zoning Commission to attend the meeting to to speak to Council regarding the permit. Bannock added, he did not feel it was inappropriate for a member to share messages at the meetings as a Planning and Zoning Commissioner. With regard to items 1 and 2 of Public Hearings, the City has budgeted money for many years into an Heavy Equipment Reserve/Replacement Fund. The fund has been depleted so Council took 1.5 million dollars out of the general fund and set up a new Equipment Replacement Fund. A 20 year cycle was projected for replacing heavy equipment, these are items in excess of $50,000. The City will begin making payments into the Fund. The 1.5 million is considered seed money and it will earn it's own interest. The payment this year is $33,000.00 and the payment schedule will go up. The projection is in 20 years there will still be $300,000 left in the account. Item H-3 was up for introduction. Barry Norwood is a six year old and at his last birthday he asked his friends to not bring presents but rather to bring a cash donation. The cash donation, which totaled $116.01, was for the City of Kenai's animal control shelter. Council will give Mr. Norwood a citation at the February 4, 1998 meeting. Item H-7, the decrease. in the fire training center of $116,235.15 is a result of changes made to the audio/video room. A tremendous amount of equipment was deleted. Goecke asked where the money for the Equipment Replacement Fund was kept. Bannock answered that it would be invested but could not say where. Goecke stated hat money was just sitting in a bank gaining interest is a way of going broke safely. Bannock indicated it is unlikely the money is in a bank. Planning 8v Zoning Commission January 28, 1998 Page 3 b. Borough Planning Bryson reported a meeting was held on Monday, January 26, 1998. The following report was made: Public Hearing -Item F-1, vacation of a street on Bay Ridge Road in Homer. This is in an existing subdivision and one of the reasons for vacating the street was the petitioner was afraid the road would deteriorate as people who fronted on the property utilized it. The hearing will be continued because the area indicated by the petitioner was not directly the area they had intended to petition for. Item F-2, Ordinance authorizing the purchase of property for the Volcano Center. Administration requested the item be postponed but it should go before the Assembly within two meetings. Item F-3, Ordinance accepting a grant from the federal government for spruce bark beetle problems. As is common in the first part of the year there were many plats requested for review. The five presented at the meeting were approved. Bryson drew attention to future items listed on the agenda. c. Administration: Since the Chumley's had appealed the Planning and Zoning decision, Kebschull also encouraged the Commissioners to attend the Council meeting scheduled for February 4, 1998. Kebschull reported as a result of the public concern regarding the Chumley conditional use permit request, Council directed staff to review the public hearing notification process. Kebschull's research included contact with other locations such as Anchorage, the Mat-Su Borough and the peninsula to determine what they do. The information has been provided to the City Manager and will also be provided to Council on February 4, 1998. This is an effort to determine what can be done to accommodate more people. 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kenai River Bridge Access Road Rehabilitation Permit Information b. Historic District Board Minutes of January 19, 1997 Planning 8v Zoning Commission January 28, 1998 Page 4 13. COMMISSION COMMENTS AND QUESTIONS: Nord reported that she attended the first Kenai Watershed meeting and now has a better understanding of what the purpose is. They want to have a baseline and at the next meeting site selections will take place for where water monitoring will start. The goals and objective are still being worked on and how they would be implemented. A group of technical individuals were chosen to decide the criteria that would go into each level for reporting purposes. The group decided they would not be a regulatory agency but they would make the information public and notify the appropriate agencies of any problems with the water. Discussion took place on the dinner invitation from the KRSMA Board. Goecke asked if Bannock had replaced Councilman Smalley as a member of the Planning and Zoning Commission. Bannock confirmed that he was just filling in for Councilman Smalley. 14. PERSONS PRESENT NOT SCHEDULED: -None 15. ADJOURNMENT: GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 7:20 P.M. Respectfully submitted, (~. Barbara Roper, Co tract Secretary Planning & Zoning Commission January 28, 1998 Page 5 CITY OF KENAI ~ ~~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 ~,~.~ IIIII~ 1992 January 26, 1998 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 February 1 1, 1998: PZ98-05-An application for a Variance Permit for side yard setbacks for the property described as Lot 6, Block 5 Inlet View Subdivision, Third Addition, Part 1, 312 Rogers Road, Kenai, Alaska. Application submitted by Dennis & Kelly Gifford, 312 Rogers Road, Alaska 9961 1. The Meeting will commence at 7:00 p.m. in the Kenai 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 February 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 STAFF REPORT To: Planning & Zoning Commission Date: January 23, 1998 Prepared By: JL/mk Res: PZ98-05 GENERAL INFORMATION Applicant: Dennis & Kelly Gifford 1620 Tanaga Circle Kenai, AK 9961 1 Requested Action: Variance Permit -Side Yard Setbacks Legal Description: Lot 6, Block 5, Inlet View Subdivision, Third Add., Part 1 Existing Zoning: RS-2, Suburban Residential 2 Current Land Use: Lot Undeveloped/Medium Density Residential Neighborhood Land Use Plan: Medium Density Residential ANALYSIS City Engineer: The applicants have stated to administration that they propose to construct atwo- story home at this location. The RS-2 zone requires a 15-foot setback for atwo- story structure (Reference KMC Development Requirements Table, Footnote 1). Review .KMC 14.20.180 (c). The Commission shall establish a finding that all of the conditions have been found to exist as a prerequisite to issuance of a permit (KMC 14.20.180 (c)). Building Official: If the Commission approves this variance, I would suggest the Commission stipulate the side yard setbacks at a number less than the requested 10 feet. The reason for a lesser number is to give the builder an additional buffer to allow for mistakes during construction thus avoiding a future encroachment application if a mistake were to occur. I would suggest a 9-foot setback if the Commission approves the variance. Variance Permit PZ98-OS Page 2 RECOMMENDATIONS Recommend approval, considering public input and a finding that all required conditions exist. ATTACHMENTS: 1. Resolution No. PZ98-05 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-05 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: Applicant: Dennis & Kelly Gifford Located: 312 Rogers Road (Lot 6, Block 5, Inlet View Subdivision, Third Add ,Part 1 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1) That an application meeting the requirements for a variance has been submitted and received on January 21, 1998 2) That this request is located on land zoned RS-2-Suburban Residential 2 3) That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table -Side Yard Setbacks 4) a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5) That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on February 11, 1998. NOTE: VARIANCE GRANTED REQUIRES A 15 FOOT SIDE SETBACK ON THE LOT LINE COMMON TO LOT 5 AND LOT 6; AND LOT LINE COMMON TO LOT 6 AND LOT 7 TO PROVIDE A MINIMUM OF 5 FEET. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, FEBRUARY 11, 1998. CHAIRPERSON ATTEST: Planning Secretary ~~~ - v~ CITY OF KENAI BICENTENNIAL Yi~aye wrt~a~ tG'~tvll~a ~u !t/~'e ~ DATE: January 21, 1998 210 Fidalgo Avenue Kenai, Alaska 99611 TEI.II'HONE 283-7535 FAX 907-283-3014 Jai ~~ APPLICATION FOR VARIANCE PERMIT NAME: Denni s and Kelly Gifford PHONE: 283-7251 MAILING ADDRESS: 1620 Tanaga Circle, Kenai, AK 99511 LEGAL DESCRIPTION OF PROPERTY INVOLVED: Block 5, Lot 6 Roger's Rd. Kenai ZONING DISTRICT (Circle one): C RR RR-1 RR-2 RS-1 RS-2 RU/TSH CC CG IL IH R Section 14.20.180 of the Kenai Municipal Code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: 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. / Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. / 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 procedure sheet) 3. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. VARIANCE APPLICATION ~} Page 2 5. ~ The granting of the variance does not authorize a use tht is not a permitted principal use in the zoning district in which the property is located. 6. ~ The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: Applicant's Signature: ~ Approved: CHAIRPERSON Attest: Marilyn Kebschull, Secretary C:\NPDOCS\fORMS\VARIANCE.PG2 / / /- $ w 1v?' ~ E Mf / ~ c ~ ~0 / d'd ~ N r1 E V 1 \ ~ / f~ 2 m ~'~d 0 ~ / r 29 ~ ° c / ` c V% ~ c ~ _ _ ' r i ~ ~. )•' • '~a S 'r ' ~ F '~ / \ ~1 ~.~ _ ~' __ r c ,..~ ,~• \ to 2 :'- .., `~ :; c c c ~ ~ ~ ~ d7 1 i-- ~ n F .? \ ~'p yd J ~ d~ Y i 9 1~ ~1 O~ ~ ~ ~~~ . 7 ~ a ~ w. m ~~ /' E'tA \ ~ 6'6` Goa/~ ~~ \ ~. ~ d ~. ,Fa i A ~ 1~ / ~ \^. 9 ~ ax o~ ~ o 3 ~~ ; I ~ ,c+ F. ,~. i" ~ ~ ~~ '\ ~ Zaa9, i ~ t ~ Jj, \\ ~1 l..B \ S ~ ~ ~ j~ .i ~ ^ 3 ~. ~~ 1a o% ~ \ ~ ~ ~~ yi 4la a a s ~ y~ 1 ~ 4 .,,.. 9 ~ 0~•~~ L ~ ~ ~ ` `a ~~\\\,\~~~ S~ ~ 2,91 ~ n ~ n A i, ~ 9 a ~ Q~ n~ ~ 2°j 1.3a ~, E\~S ~ ~ Sa ~ ~ a 7 ~ o f ~d 'r% 'Q ~ ~a i io v :. C ~9 m. .fl '. ~~~\ J a aka o- ~ 3 ,~ , a~ ~ °e `~ a 29ti~t 0~ ~A, Od ~ s v ~ i 9e O ~ 'p ~ ` ~ F m _, e ~ mod' P .~ ~ ~ ~\ 1a 0~ ~~ 9° 6 a 36 \ 0 `` \~ \ a 2A,~6 m 't' 2g a 6~ ~ d ~ a m ~o e h 1, g ~~ ~~V ~f1 N;~W ~ WS \d \ ~ O~ Z N _ 6 O` `~ \ ~ ~ ~ T~ ~ `. ~ ~ ~' c2'9ft 3 5b.~0 00 S~ 1 ~~ ~ \. ,~` ~ \ `1 ~ \ Bol G"p ot.~ 0 •~ ~ ~ ~ \ a 0 ~ m ~ Q ~ \ ~flm flp S+ ~ ~. 9~ I- N ~ ~ ,~ ~ ~~ o° ~b ~ 0) Oi ~ ~ ~ ~ / oy ~~ ~---- c~ ` C~ STAFF REPORT To: Planning & Zoning Commission Date: February 3, 1998 Prepared By: JL/mk Res: PZ98-06 GENERAL INFORMATION Applicant: Rachele Martin 712 Maple Drive Kenai, AK 9961 1 283-3312 Requested Action: Home Occupation Permit -Daycare Legal Description: Lot 7, Block N, Woodland Subdivision, Part 3 Existing Zoning: RS-Suburban Residential Current Land Use: Medium Density Residential Land Use Plan: Medium Density Residential ANALYSIS City Engineer: The KMC specifically identifies "Day-care of no more than ten preschool age children" as a permitted home occupation. The applicant doesn't stipulate that the children are preschool age; however, all other requirements appear to be met. Building Official: No building code issues. RECOMMENDATIONS ATTACHMENTS: 1. Resolution No. PZ98-06 2. Application 3. Drawings I CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ98-06 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 DAYCARE PROVIDER located 712 Maple Drive Lot 7. Block N, Woodland Subdivision. Part 3 by Rachele Martin WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on January 30. 1998 2. That the application has been reviewed by the Commission at their meeting of February 11, 1998 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: 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 February 1998. A EST: Wa+~ing Secretaiq U~y C-~.', ~~r ~ ~ ~ ,, ~~ ~ ;- ; , hairman 1791-1991 CITY OF KENAI .~ „ail G'd~~,l ~ ,Q~~,,~„ ___ 210FIDALGO KENAI, TELEPHONE2 FAX 907-2g Date : / ' ,~( HOME OCCUPATION PERMIT N ~~ t~ ,- } ~ '2~1t 14 ~ ~ ~~N 199 ~' ao R `° °. v/ ,~v 8L ~L 91.5' NAME : ~1 ~'~ ~ ~+~~ ~~ = ~~ ~C_ i~L !_ ° ~ PHONE : ; ~ ~ ) ' ~% ~ I ,~ ADDRESS : ~ ~ :'-i~ ~'~ ~'~ ~ t ~ I_; ~ 1 j ~ ~ ~ ~~~~ ~ v ~-1 ~~ ~ ~ ~~ ~' LEGAL DESCRIPTION OF PROPERTY: { i_~ j~~'_', (-"j ~,' l,~'~ c` ~ ; (, 1-;~- ~- ±- `-~ (~~(~r- I! ~~; ~-Gt DESCRIPTION OF OCCUPA fTION : ~~,~L_~ L J ~'/~t ~' l~' ; -~~ ~' r'- ~ - -t {? ~ , ~~I r ~ j~ ~7~ L ;~ ^ . ~ YYl ~' 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 INDICAyATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1.1!1 Not more than one person outside the family shall be employed in the home occupation. 2 . t'~ ~~ ~ No more than 3 0~ 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. ~~~~ 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. Will is development require a building permit? YES NO '; (circle one) Applicant's Signature: ~ ~ ~~ ,~ a ~ ~ ., / ;, /,/ Approved : `~ '~,%~ ~ ~ ~~ ~~' ~'trU I ERSON 1~TTEST Date: 2, ~~~~~ r Q - ~ __ __ _ - _ ~ -~~ ~ r ~' ~ i I I be u.--za~1e . -I-~ Q~--~-~ ~'~l ~ h e.~ -__ --- m~j CEa~./ ~arc?~ SL(-hS-~~ ~u-~~ ~ro~~~c~.e:r -~ _._ - ____- -- _ . ~K~J-m ~1 Cx C_~ _ ~r~ ~Gt ~~ ~'©u ~`1C~ ~1 ~- Q~ y ____ _ "Than-K ~au b _ _ _- ___ - _- _ ___- __ a __ _ _. t! - a - - --- _ _ __ _ 0 ~ db~~` ~ _ . _ _ _ _ t'~ w•. ~ _- - CITY F KEN ~~ 0 AI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ aEa~~t.nh 'III' ~~~ 2:3 4 gs)~ 1992 O~ ~~ ~ ~A ,~ ~ N A emoran um ~~_ .~~~ Date: February 4, 1998 To: Kenai Planning and Zoning Commission From: Kim Howard, Administrative Assistant ~~ For: February 11, 1998 Planning and Zoning Meeting RE: Request to Purchase Lot 12, Block 2, Mooring by the River Subdivision -Richard Swarner The City is in receipt of a letter from Richard Swarner requesting to purchase the above referenced property. This property is owned by the City of Kenai and is located in Soldotna. The City acquired the property through bankruptcy proceedings. A map of the area is attached. KMC 22.05.010 states, "Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for public use." Sale would be by competitive bid at not less than the fair market value. Please review the map and make a recommendation as to whether the parcel is needed for a public purpose or whether it should be sold. Your recommendation will be passed on to the Council and an ordinance prepared for introduction at the February 18 meeting. Attachment Cc: Richard Swarner RAR/kh CITY OF SOLDO_TNR ID~907-262-1245 FEB 04'98 11 35 No.008 P.02 p.Gllla 171,00 sD,oo »a,eu aa'e,ee e]a,E~ zls.oa :O.OD ao.eD Ee,uo e0.00 7a0.00 a30.V0 710.00 IlO •{IO aaD.Do ?]O.uO 170.00 P0.00 eDY .00 7Y0.00 100.00 :"a•6e .t . o~ ey .AG 10NOtM al. a s1~i. n9.lo 9z al n..ea ,e,79 +.,7 p7.zz 0•.10 ~O.Of 91..7 0.1e 1 a.60 e9. 10 0/.0a 1{.q 77.•0 •7.fa aa.~ 7a.a7 af.w 10.00 E'N .9.ec w.1a 07..! •1.00 ae.oo 17.sa .07.0• E1.3• ]1,99 le-N Ir7.iz 1a..4 IOi.ID E7.1V 1 u.7> 410110 G11N10 bN0 H.1• M 2.'17 VO•e a0.e0 61.71 0 7a'~i'~i•f a7.•7 0 i~'20'a0•E ea.ol 7 7a•.7'.D•• ae.aa n u•OY a1'P. y,17 r ia'a•'~0'• 70,aa N e0'17'00•E a9.ae 1 9D'9D' c7.az ,1 la•7•'ee•r 7 a,0a \1 !0'59'11'! 10.00 q N'17'46•E aY.oY N ai a7'.a'E 01.Y0 N 97':3'a4•e II;a.07 Ir e0'07'•0't f0. L1 1\ d'te'.0'r lee .ai 9 •0 •4'10•r \e1 .to a 1' 111.!7 a i1'17'i0'f 111.:) 7 f0'e.'H'E •. 1.•. 7 %•• 01. 11\a 1v V~\~ !1•'0 \~7 _g. IVW z~ !p J! eo' -- - _ _ f al Yrlr.e°. Irlea•sr0 !e\'1 1011 •ylv. •\r•rA l• .•. i ~ Ci is a:. :e\H :• .\ 1 CEf;TIFICATE Of OYINEii~Hi-' ANO OEOICA'(lON v 0•I'NY C•rll/a IMl ve 1r• aM Dns~a 01 11.e Of OO ••\/ fllGVn MO e.eil'/e•r 1Nr•on enY lw•1 ~1 n•r •ii easel 1w\• e1•w •1 erOll~lelep Oar YW1.01• elt X11'\1'a1-/e1a 1Y CW111 ule e+r Orent ell ea0•e•,nJt~~j\ /a/Dµ//a•na Y1• s1\aw\. AVE UE e ~dARYDAI.E _ - Ile - ~ k 0...1, ,ul Y O ~ •! 17100 1(//D ~/ ~ a .. .. ... \ 7']V .. 11...1 ~• . ti7r.~' Ca11/le 1 e.f0 .11-e . ll:z AGENDA KENAI CITY COUNCIL -REGULAR MEETING FEBRUARY 4, 1998 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:/ /www.Kenai.net/city BOARD OF ADJUSTMENT HEARING - CHUMLEY/CHUMLEY APPEAL 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. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS ~~~ ~ ~~~~9~ 1. Ordinance No. 1772-98 - Appropriating a $116.01 Donation From Barry Norwood to the Animal Shelter. 2. *Liquor License Renewal -Boy's Ltd, d/b/a One Stop Liquors -Package Store. 3. *Liquor License Transfer -Boy's Ltd, d/b/a One Stop Liquor to Spur Liquor, Inc., d/b/a One Stop Liquors. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning 8v Zoning Commission -1- 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Historic District Board c. Challenger Board d. Kenai Visitors & Convention Bureau Board e. Alaska Municipal League Report E. MINUTES 1. *Regular Meeting of January 21, 1998. 2. *Council Work Session of January 19, 1998. F. CORRESPONDENCE G. OLD BUSINESS H. NEW BUSINESS ~~oyy7~ 1. Bill to be Paid, Bills to be Ratified N 2. Purchase Orders Exceeding $2,500 3. *Ordiaaace No. 1773-98 -Finding That Certain City-Owned Land, Consisting of 4,? 10 Square Feet Situated Within and Along the Easterly Boundary of Existing Tract 5-B, Horseshoe End at River Bend Subdivision, More Commonly Known as Cunningham Park, Is Not Required for a Public Purpose. d/J~j~y~ 4. Approval -Reappointment of Jim Elson to Economic Development ~ ~~" District Board of Directors. ~p~ dP~ 5. Approval -Amendment to Library Regulation No. 6. - None Scheduled. I. ADMII~ISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director -2- j 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT SOLDOTNA, ALASKA February 9, 1998 5:30 P.M. Tentative Agenda Members: John Hamrnelman Arsawide Term Expires 1999 Ellis Hensley Nikiski Term Expires 1899 Brent Johnson Kasilot Area Tenn Expires 2000 Ann VYhitrnore~ainter Moose Pass Area Tenn Expires 2000 ~! ALTERNATES: Philip Bryson Kenai City Term Expires 1998 Leroy Gannaway Homer city Term Expires 1998 ~ ~ ~~~~ .9 ~~" ~ ` 1 -~9. A. CALL TO ORDER Y~,,:r"" B. ROLL CALL C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences -None 3. Minutes -None D. CONSIDERATION OF PLATS 1. Oceanview Addn. No. 1 Bardarson Replat Lot 7A Btock 4 Seward City; Preliminary Cline & Associates KPB File 98-015 2. Modem Motors S/D; Seward City Preliminary; Cline & Associates KPB File 98-016 3. Tanglewood S/D; Kenai City Preliminary; Integrity Surveys KPB File 98-020 4. Leo T. Oberts S/D Ross Replat; Kenai City Preliminary; Integrity Surveys KPB File 98-021 5. Buffalo Run Phase 1; Kenai City Revised Preliminary; Integrity Surveys KPB File 98-084 6. Alisyn Acres S/D Young Addn; West Poppy Lane Preliminary; Terry Eastham KPB File 98-022 i 7. Gregory S/D Bazan Addn. Kenai River, east of Moose River Preliminary; Teny Eastham KPB File 98-023 ' ~` ~ 8. Voznesenka Six; End of East Road .~ -+ Preliminary; Patrick Church '~ •~ ~ KPB File 98-024 ~, ~, w,,,. -,,~~,~~ ~ E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is February 23, 1997 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. KENAI PENINSULA BOROUGH 6gy 8 S ap PLANNING COMMISSION ~~ t' BOROUGH ADMINISTRATION BUILDING ~ ~ ASSEMBLY CHAMBERS ~ SOLDOTNA, ALASKA ~ , ~~ ~ M ~ February 9, 1998 7:30 P.M. ~'N ~,~~~' ~ ~ ~ Tentative A ends ~t g 9 ~ 2 Z ~,ti S`~'~ ~EZ A. CALL TO ORDER John Hammehnan chairman B. ROLL CALL Areawide Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT Philip sryson AGENDA vice Chairman Kenai City Term Expires 1998 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 Ann Whitmore-painter someone from the public so requests, in which case the item will be removed from the consent agenda and Parliamentarian considered in its normal sequence on the regular agenda. Moose Pass Area Tenn Expires 2000 If you wish to comment on a crnuent 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 Chauman of your wish to Peggy G.13ascacci comment PC Member a C ' 1. Time Extension Requests Term E ares 2000 xp Wayne Carpenter a. Witman Estates PC Member Seward city KPB File 84-322 Tenn Expires 1999 Location: Gas Well Road west of Sterling Highway Robert Clutts ~ M~~ 2. Plats Granted Administrative Approval Anchor Point Tenn Expires 1998 3. Plats Granted Final Approval Under 20.04.070 Wes Coleman PC Member sohaatna city 4. Plat Amendment Requests -None Term Expires 1999 Leroy Garnaway 5. Coastal Management Program PC Member Homer City Tenn Expires 1998 a. Coastal Management Program Consistency Reviews -None , M may' Jr" b. Conclusive Consistency Determinations Received from DGC - Nikisk; None Tenn Expires 1999 13rene Johnson c. Administrative Determinations -None PC Member Kasilof Area Tenn Expires 2000 6. KPBPC Resolutions -None Tom Knock PC Member ~, Commissioner Excused Absences Cooper Landing Tenn Expires 1998 a. No excused absences requested. 1 F~~r„ ~ .~~~ 8. Minutes ~'"'g,, a. January 26, 1998 Planning Commission Minutes ~~ ~``~ ~° t D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda Limited to three minutes per speaker unless previous ~~; ~~: '~ arrangements arc made.) `~' E. UNFINISHED BUSINESS v . ~`"~ r 1. Carried over from the November 24, 1997 PC Meeting Towle S/D Vacate portion of Towle Avenue cul-de-sac Vacate the cul-de-sac portion of Towle Avenue, as shown on Towle Subdivision No. 3 (Plat 56 Seward Recording District); being within Section 28, Township S North, Range 3 West, Seward Meridian, Alaska. Cooper Landing area; KPB File 97-249 2. Carried over from January 26, 1998 PC Meeting Public Hearing; Ordinance 98-02: An Ordinance Authorizing the Purchase of 84.05 Acres in the Anchor Point Area as the Site for the North Pacific Volcano Learning Center, Appropriating Funds from the Land Trust Fund for the Purchase and Authorizing the Negotiated Lease of the Site to the North Pacific Volcano Learning Center, Inc. F. PUBLIC HEARINGS -None G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. P/W Covey, Roger & Karen No. 1 KPBPC Resolution 98-03: Granting a platting waiver for certain lands within Section 3, Township 2 South, Range 12 West, Seward Meridian, Alaska; KPB File 98-017 2. P/W Covey, Roger & Karen No. 2 KPBPC Resolution 98-04: Granting a platting waiver for certain lands within Section 12, Township 2 South, Range 14 West, Seward Meridian, Alaska; KPB File 98-019 3. Creekside Heights -Request to Amend Location: Sterling Highway/Old Sterling Highway/Stariski Creek; KPB File 98-018 I. CONSIDERATION OF PLATS 1. The Plat Committee will review nine plats. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Creekwoods Park S/D Tract A -Building Setback Exception; KPBPC Resolution 97-45: Granting an exception to the twenty foot building setback limit for a portion of Tract A, Creekwoods Park S/D (Plat 86- 100 HRD); Sec 20, T2S, R14W, S.M., Alaska. Located North of Happy Valley; KPB File 97-233 Postponed until additional information is provided. 2. Public Hearing; Petition to vacate portion of Bay Ridge Road bounded on southwest by Lot 3; on the northeast by Lots 1 and 2, Emerald Highland Estates Unit 4 (Plat 78-128 HRD); within Sec 13, T6S, R14W, S.M., AK. North of Homer, west of West Hill Road; KPB File 98-010 Postponed until brought back to the Commission by staff. Ordinance 97-75: An Ordinance Amending KPB 17.10 Regarding Classification of Borough Lands Postponed to March 23, 1998. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet February 9, 1998 at 5:30 p.m. in the Planning Department, Borough Administration Building, Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is February 23, 1998 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting is February 23, 1998 at 7:30 p.m. in the Assembly Chambers at the Borough Administration Building in Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. January 12, 1998 letter from John Horn to Mayor Navarre regarding speed limits in Kasilof. 2. January 20, 1998 Assembly hearing on appeal of Planning Commission decision, petition to vacate a portion of Seaward Avenue and section line easement. web site: www.borough.kenai.ak.us/Planning.htm e-mail address: planning@borough.kenai.ak.us OTHER MEETINGS Anchor Point Advisory Planning Commission February 3 KPB Assembly February 3 Moose Pass Advisory Planning Commission February 4 KPB Material Site Task Force February 4 Kachemak Bay Advisory Planning Commission February 5 KPB Trails Commission February 5 Funny River Advisory Planning Commission February 9 Cooper Landing Advisory Planning Commission February 11 KPB Assembly February 17 Kachemak Bay Advisory Planning Commission February 19 ~` ,~`. ~~ 0-LS0305~E HOUSE BILL NO. 154 IN THE LEGISLATURE OF THE STATE OF ALASKA TWENTIETH LEGISLATURE -FIRST SESSION BY REPRESENTATIVES KOHRING, Ogan Introduced: 2/24/97 Referred: State Affairs, Judiciary, Finance A BILL FOR AN ACT ENTITLED 1 "An Act requiring the Department of Law to provide guidelines regarding state 2 and municipal takings of private property; relating to state and municipal 3 regulations, ordinances, and actions relating to private property; relating to 4 compensation for and taxation of private property taken by state or municipal 5 action; relating to actions for state or municipal takings of private property or 6 for certain violations; prohibiting certain regulations; and providing for an effective 7 date." 8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 9 * Section 1. AS 09.10.030 is amended to read: 10 Sec. 09.10.030. Actions to recover real property- in 10 years. Except as 11 otherwise provided under AS 34.50.190, a (A) person may not bring an action for 12 the recovery of real property [,] or for the recovery of the possession of it unless the 1 13 action is commenced within 10 years. An action may not be maintained for the HB0154a -1- HB 154 New Text Underlined [DELETED TEXT BRACKE='='DJ 0-LS0305~E 1 recovery unless it appears that the plaintiff, an ancestor, a predecessor, or the grantor 2 of the plaintiff was seized or possessed of the premises in question within 10 years 3 before the commencement of the action. 4 * Sec. 2. AS 09.10.070(a) is amended to read: 5 (a) Except as otherwise provided by AS 34.50.190, a [A] person may not 6 bring an action (1) for libel, slander, assault, battery, seduction, false imprisonment, 7 or for any injury to the person or rights of another not arising on contract and not 8 specifically provided otherwise; (2) upon a statute for a forfeiture or penalty to the 9 state; or (3) upon a liability created by statute, other than a penalty or forfeiture; unless 10 the action is commenced within two years. 11 * Sec. 3. AS 34.50 is amended by adding new sections to read: 12 Article 2. Government Takings. 13 Sec. 34.50.100. Government takings guidelines. The Department of Law 14 shall develop and submit guidelines to the lieutenant governor each year for 15 publication in the Alaska Administrative Code to assist state agencies, municipalities, 16 and the public to identify and evaluate governmental action that may result in a taking 17 of private real or personal property. The guidelines must be based on current law as 18 articulated by the United States Supreme Court and the state supreme court and the 19 principles stated in AS 34.50.110. The guidelines may not be construed to enlarge or 20 reduce the scope of private property protection provided by the state or federal 21 constitution. 22 Sec. 34.50.110. Principles for governmental action. A governmental entity 23 shall follow the following principles when considering and taking governmental action 24 affecting private property: 25 (1) to avoid imposing unanticipated or undue additional burdens on the 26 public or on the public treasury, a governmental entity shall, when planning and 27 carrying out governmental action, be sensitive to, anticipate, and account for the 28 obligations imposed by the Fifth and Fourteenth Amendments to the United States 29 Constitution and art. I, sec. 18, and art. VIII, sec. 16, Constitution of the State of 30 Alaska, as those amendments and sections relate to takings of private property; 31 (2) the assertion that a public health and safety purpose is involved is HB 154 -2- HB0154a New Text Underlined (DELETED TEXT BRACKETED) ~ w Yi~~v~~ ~uuii~ LGG1U1 attu ~aic~y ittay ii~~ u~ t,a~~ii uuica~ ui~y 3 (A) are taken only in response to real and substantial threats to 4 public health and safety; 5 (B) are designed to significantly advance the purpose of health 6 and safety; and 7 (C) do not exceed the governmental action that is necessary to 8 achieve the health and safety purpose; 9 (3) the governmental entity responsible for taking the governmental 10 action has the burden of proving the criteria under (2) of this section; 11 (4) a governmental entity shall avoid undue delay in its governmental 12 processes; although normal governmental processes do not ordinarily constitute takings, 13 undue delays in some decision making may create a taking, and, in addition, a delay 14 in processing may increase significantly the size of compensation due to the owner of 15 the private property if a taking is later found to have occurred; 16 (5) the constitutional protections against taking private property are 17 self-executing and require compensation regardless of whether the underlying authority 18 for the action contemplated a taking or authorized the payment of compensation. 19 Sec. 34.50.120. Restrictions on governmental action. (a) A governmental 20 entity may not adopt, amend, or repeal a regulation or ordinance relating to private 21 property or impose a restraint on private property use unless the regulation, ordinance, 22 or restraint has the least possible effect on private property and still accomplishes the 23 necessary public purpose and unless a statement complying with (b) of this section is 24 prepared by the governmental entity and made available to the public at least 30 days 25 before the adoption of the regulation or imposition of the restraint by the entity. 26 (b) The statement required by (a) of this section must contain a full analysis 27 of the total economic effect of the regulation, ordinance, or restraint, an analysis of the 28 economic effect of all reasonable alternatives to the regulation, ordinance, or restraint, 29 and an identification of the manner in which the proposed regulation, ordinance, or 30 restraint will substantially advance the purpose of protecting public health and safety 31 from identifiable public health or safety risks created by the use of the private real HB0154a -3- HB 154 New Text Underlined (DELETED TEXT BRACKETED) I 0-LS0305~E 1 property. 2 Sec. 34.50.130. Full compensation required. (a) A governmental entity may 3 not take governmental action that results in a taking of private property unless the 4 governmental entity pays full compensation for the taking to the owner of the private 5 property. 6 (b) The full compensation required by (a) of this section shall be paid to the 7 owner within three months after the adoption of the regulation or ordinance that results 8 in the taking or within three months after the restraint on private property use that 9 results in the taking. The compensation shall be measured as of the date of the 10 adoption of the regulation or ordinance or the imposition of the restraint. Interest at 11 the London Interbank Offering Rate plus 3.5 percent shall be paid on the amount due 12 the property owner from the time that the regulation or ordinance is enforced as to the 13 private property, or from the time the restraint is imposed on the private property, until 14 the time payment is received by the owner. 15 Sec. 34.50.140. Prohibition against value deflation. A governmental entity 16 may not deflate the value of private property by suggesting or threatening to take 17 action that would avoid the entity's paying full compensation to the owner. 18 Sec. 34.50.150. Waiver prohibited. A governmental entity may not require 19 the owner of private property to waive the full compensation required by AS 34.50.130 20 as a condition of approving a use of the person's property, including receiving a permit 21 or subdividing real property. 22 Sec. 34.50.160. Access. In addition to the full compensation required by 23 AS 34.50.130, a governmental entity that adopts a regulation or ordinance or imposes 24 a restraint on private property use shall also, at the governmental entity's expense, 25 provide an alternate access to the property or purchase the inaccessible property if the 26 regulation, ordinance, or restraint deprives the owner of the property of access to the 27 property. 28 Sec. 34.50.170. Prohibition against imposing costs. A governmental entity 29 may not require an owner of private property to provide or pay for studies, maps, 30 plans, reports, or other information used in the governmental entity's decisions to adopt 31 a regulation or ordinance relating to private property or to impose a restraint on private HB 154 -4- HB0154a New Text Underlined [DELETED TEXT BRACKE~'~'DJ 0-LS0305~E 1 property use. 2 Sec. 34.50.180. State responsibility for compensation. The state shall 3 compensate municipalities for the full compensation that the municipalities are required 4 to pay under AS 34.50.130 for taking private property by governmental action if the 5 municipality's governmental action is required by state law. 6 Sec. 34.50.190. Time for bringing action. A person may not commence a 7 civil action for a taking of the person's private property by governmental action unless 8 the action is commenced within five years after the taking has occurred. 9 Sec. 34.50.200. Adjustment of value for property tax. (a) If a 10 determination has been made that there has been a taking of private property by 11 governmental action, a municipality that levies a tax on the property shall adjust 12 valuation of the property for the purposes of the tax and notify the owner of the new 13 tax valuation. The new tax valuation must be reflected and identified in the next tax 14 assessment notice. 15 (b) If the property owner contests the reduction in valuation, and if the 16 property owner secures an independent appraisal of the property from a person who 17 has a valid real estate appraiser certificate issued under AS 08.87.110, the appraisal 18 provided by the independent appraiser shall be the valuation used by the municipality 19 when taxing the property. 20 Sec. 34.50.210. Enforcement. A person who owns property that is affected 21 by a provision of AS 34.50.100 - 34.50.250 may enforce the provision in the superior 22 court against a governmental entity that fails to comply with the provision. If the 23 person prevails in an action brought under this section, the owner may recover, to the 24 extent awarded by the court, the owner's attorney fees and costs. 25 Sec. 34.50.220. Regulations prohibited. A state agency may not adopt 26 regulations to implement AS 34.50.100 - 34.50.250. 27 Sec. 34.50.250. Defmitions. In AS 34.50.100 - 34.50.250, unless the context 28 clearly requires otherwise, 29 (1) "full compensation" means the monetary value of the reduction in 30 the fair market value of private property if the reduction is caused by a taking by 31 governmental action; HB0154a -5- HB 154 New Text Underlined [DELETED TEXT BRACKETED) 0-LS0305\E 1 (2) "governmental action" means action by a governmental entity, 2 including the adoption of a regulation or ordinance, or a restraint on private property 3 use, but does not include 4 (A) the formal exercise of the power of eminent domain; 5 (B) seizure of private property by law enforcement agencies as 6 evidence of a crime for violations of law or forfeiture ordered by a court; 7 (C) orders issued by a state agency, an agency of a 8 municipality, or a court that result from a violation of law and that are 9 authorized by law; or 10 (D) the discontinuation of state government programs or the 11 government programs of a municipality; 12 (3) "governmental entity" means a state agency or a municipality; 13 (4) "personal property" means tangible property other than real 14 property, but including merchandise, stock-in-trade, machinery, equipment, furniture, 15 fixtures, vehicles, boats, and aircraft; 16 (5) "private property" means real or personal property that is not owned 17 by the state, a municipality, or the federal government; 18 (6) "real property" includes land, an interest in land, improvements on 19 land, proprietary water rights, and crops, forest products, or resources capable of being 20 harvested or extracted; 21 (7) "restraint on private property use" means an action, requirement, or 22 restriction imposed by a governmental entity that limits the use of private property; 23 (8) "state agency" means a department, institution, board, commission, 24 division, authority, public corporation, or other administrative unit of the executive 25 branch of state government, including the University of Alaska, the Alaska Railroad 25 Corporation, the Alaska Housing Finance Corporation, the Alaska Aerospace 27 Development Corporation, and the Alaska State Pension Investment Board; 28 (9) "taking" includes 29 (A) a regulation or other governmental action that regulates or 30 imposes a restraint on private property use for public benefit, including 31 restraints on wetlands or fish or wildlife habitat, or the creation of buffer zones, HB 154 -6- HB0154a New Text Underlined [DELETED TEXT BRACKETED) 0-LS0305~E 1 unless the regulation is necessary to avoid or correct a public nuisance; 2 (B) governmental action that results in a physical invasion or 3 occupancy of private property or that denies an owner any or all economic or 4 other use of the person's private property; or 5 (C) governmental action that results in less than a complete 6 deprivation of all use or value of private property, or of all interest in the 7 property, even if the action is only temporary in nature. 8 * Sec. 4. AS 29.25.020(b) is amended to read: 9 (b) The following procedure governs the enactment of all ordinances, except 10 emergency ordinances: 11 (1) an ordinance may be introduced by a member or committee of the 12 governing body, or by the mayor or manager; 13 (2) an ordinance shall be set by the governing body for a public hearing 14 by the affirmative vote of a majority of the votes authorized on the question; 15 (3) if analicable, a notice containing the statement under 16 AS 34.50.120 shall be given: 17 ~ at least five days before the public hearing a summary of the 18 ordinance shall be published together with a notice of the time and place for the 19 hearing; 20 ,~ [(4)] copies of the ordinance shall be available to all persons present 21 at the hearing, or the ordinance shall be read in full; 22 ~ [(5)] during the hearing the governing body shall heaz all interested 23 persons wishing to be heard; 24 ~ [(6)] after the public hearing1 the governing body shall consider the 25 ordinance [,] and may adopt it with or without amendment; 26 ~ [(7)] the governing body shall print and make available copies of 27 an ordinance that is adopted. 28 * Sec. 5. AS 29.25.040 is amended to read: 29 Sec. 29.25.040. Codes of regulation. The governing body may in a single 30 ordinance adopt or amend by reference provisions of a published code of municipal 31 regulations. The procedure under AS 29.25.020 applies to an ordinance adopted under HB0154a -7- HB 154 New Text Underlined [DELETED TEXT BRACKE';"EDJ 0-LS0305~E 1 this section, except that neither the ordinance or its amendments must be distributed 2 to the public or read in full at the public hearing. For a period of 15 days before 3 adoption of an ordinance under this section, at least five copies of the code of 4 regulations shall be made available for public inspection at a time and place set out 5 in the hearing notice. Only the ordinance must be printed after it is adopted under this 6 section. The governing body shall provide for an adopted code of regulations to be '1 made available to the public at no more than cost. Notwithstanding the other 8 provisions of this section and if applicable the adoption of a published code of 9 regulations under this section shall comply with AS 34 50120 10 * Sec. 6. AS 29.45.110 is amended by adding a new subsection to read: 11 (d) When assessing the full and true value of property, the assessor shall 12 comply with AS 34.50.200. 13 * Sec. 7. AS 44.62.130(a) is amended to read: 14 (a) The lieutenant governor shall provide for the continuing compilation, 15 codification, and publication, with periodic supplements, of the guidelines developed 16 by the Department of Law under AS 34 50100 and of all regulations filed by the 17 lieutenant governor's office, or of appropriate references to any regulations the printing 18 of which the lieutenant governor finds to be impractical, such as detailed schedules or 19 forms otherwise available to the public, or that [WHICH) are of limited or particular 20 application. The publication of the guidelines and the compiled regulations is the 21 Alaska Administrative Code. The periodic supplements to it are the Alaska 22 Administrative Register. The code and register must contain appropriate annotations 23 to judicial decisions and opinions of the attorney general. 24 * Sec. 8. AS 44.62.200(a) is amended to read: 25 (a) The notice of proposed adoption, amendment. or repeal of a regulation 26 must include 27 (1) a statement of the time, place, and nature of proceedings for 28 adoption, amendment, or repeal of the regulation; 29 (2) reference to the authority under which the regulation is proposed 30 and a reference to the particular code section or other provisions of law that are being 31 implemented, interpreted, or made specific; HB 154 -8- HB0154a New Text Underlined (DELETED TEXT BRACKE:"r'DJ 0-LS0305~E 1 (3) an informative summary of the proposed subject of agency action; 2 (4) other matters prescribed by a statute applicable to the specific 3 agency or to the specific regulation or class of regulations; 4 (5) a summary of the fiscal information required to be prepared under 5 AS 44.62.195;, 6 ~ if apulicable. the information required by AS 34.50.120. 7 * Sec. 9. INITIAL GUIDELINES. The Department of Law shall prepare the initial 8 guidelines required by AS 34.50.100, enacted by sec. 3 of this Act, by January 1, 1998. 9 * Sec. 10. This Act takes effect July 1, 1997. HB0154a -9- HB 154 New Text Underlined (DELETED TEXT BRACKETED) February 10, 1998 City of Kenai Planning Department Planning and Zoning Commission 210 Fidalgo, Suite 200 Kenai, AK 99611-7794 RE: Proposed Variance, Resolution #PZ98-OS Application for Variance Permit for Side Yard Setbacks To Whom It May Concern, ~ECEI ~D ~ i~~ My name is Brad Frates and my wife's name is Melisa. We currently reside at 308 Rogers Road (Lot 8, Block 5 Inlet View Subdivision, Third Addition, Part 1) Kenai, Alaska. This represents written comment concerning the recent request by Dennis & Kelly Gifford for relief from the RS-2 zone requirements of a 15-foot side yard setback for atwo-story structure to be built on Lot 6 of the same subdivision. We are fundamentally opposed to the granting of such a variance. There is absolutely no valid reason for issuing such a variance. Point 4) a. of Resolution No. PZ98-OS states that "Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district." It is a grand stretch of the imagination to portray this lot as being somehow peculiar, or in any way different from the surrounding lots. The 15-foot setback indirectly referenced in the applicable covenants for this subdivision (see attached document, Section 4-a) serve to ensure that the esthetic qualities of the development are not compromised by homes being built too close to one another. Further, any proposed structures are to be reviewed and approved by the standing Architectural Control Committee comprised of local residents (Section 2 of attached covenants for Inlet View Subdivision). In closing, again, we urge the Planning and Zoning Commission to resoundingly deny issuance of a variance as requested by the Giffords in Resolution No. PZ98-O5. We built a home in this subdivision within the requirements of the applicable covenants and City of Kenai ordinances. We expect others to do likewise. Respectfully Submitted for Your Consideration, y ~ Brad J. Frates _. =- ~ .. «~0269rJj150 •. ~_. ~ S~2r/gs DEt_I.VtATZON ANO ESTAHL:SITY.ENT OF COND*_TIONS, RESTRICTIONS AND COVENANTS FOR RECEIVED INLET VIER SUBDIVISION, TBIaD ADDITION KEYAI, ALAS`nA RNOSJ ALL KEN BY THESE pRESE:ITS: r[~ t ^y ~ HALL CONSTAUC:'ION, IYC. an Alaskan Corporation, ("[D P V comprised of TSS L. HALL and CLI:tT 0. HALT., Deinq the owners of the real property contained in and known as, INLE': VIER SUHDIVIS-aON, TAird Addition, Part 1, according to plat Ne.~z -191, located in Saetion t, Township S Nor.h, Range 11 Hest, Seward •• Neridian, Lots One, T'wo,~ltree, Four, five, Six, Seven, Eight, Nine, Block ?Tie; Locs One, Two, Three, Four, Five, Slx, ~ 91gek 5 z~~~ Lets .One, T.+o, 'Three, Four, FI~•e, Six, Seven, E'tgz:, Nine, Tres, Eleven, T:+e..we . Thin: e!R r FDUtzeen r Fi~lt ee n , S i.~eern , Sa_v_etttae:n, r.i3A,tse:s, Niaeaeen, SiQck_ Seve Lots One. '1rQ; 'Lhsx, E3taLr Five, 5-iyc; Scwen. -2i'gltc. N~.++lr•~ekr E.Lev+a, Twl~}rt, 33.izaaen, Brock-'Ei hc,` ~ ____ 5 inelusivet exceptions therefrom Tract A; . have established a gene;al plan for t.`.e improvement and develoomer._ of such real property, and do F.ereby estab- lish ci:c conditions, restrictions and covananca upon which and subject eo which all loss or portions of such real property ah:ll be improved, ar sold and conveyed, as owners therecf. Each and ever one of these =ondicions, . res:::c::ons and covenants is and are :or the benefit of each owner of land in such real property or any interest cherin, and shall inure co aaC pass with each and every parcel of such real oro~erty, and shall further bind tGe respective grantees, successors ant assigns of the ~rasent owners. These conditions, restrictions and covenants are, and eae` Hereof is, iaoosed upon each parcel or lot of suc7 real property, all of which ara to be eonxtrued.;as Test='_ctive covenants rnnninq with the land, to wit: 1. Land use and guild°_no T•r~e. No lot or ocher par: of the realty described above shall bee used for any purpose except as may he sneciLieally noted herein or on a sunsequently tiled plat. 2. Arehicec=oral Control No building shall be erected, placed, oz altered ~ on any lot until the construction plans and soecificatians i - plus a plan showing the location ct the structure have Seen approved by the Arehiteetusal Control Commietee as to quality o! workmanship and materials, harmony of external design with existinq'strvetures, and as to location with respect .._.,:.? ~ j : ~, _ . ~ ~: ' •~'i .'-c- -r - , iii:. .. ~ ~ ~aa~0269~~fi5i to topography and finish grade elevation. And, no tepee or wall shall be erected, placed or altered on any lot nearer to any street Chan the minimum building setback line unless similarly approved or nearer any street Chan the front of ehe house unless similarly appcoved. aporoval shall be secured as provided in paragraph 1< hereunder. In no event shall any building be erected, placed, or altered on any lot in violae:on of any building or toning lau and cote of the City of ltenai. ]. Dvellina Cost and Qualit•~. No dveilinq hail be pe:3itted c:: an ;• lot at a cost or equivalent to value of '_ess than Fifty ?ive Thousand Dollars (555,000.001, based upon cost levels prevailing on tle dace of ch'ese condit'_~n3, restrictions and covenants are recorded, it being the intention and purpose of auel conditions. zest:fictions and covena~ta to assure that all dvellinga shall be of a quality of vorkmanshi~ and maces:als substantially ehe same or better than that vhicl can be produced on tle dace auel conditions, teat=actions and covenants ara recorded ae tle aini~um cost stated herein. {. euild'_no Location. (a1 No buildiaq shall be located on any lot nearer to the front lin• or nearer to the aide street line flan tha minimum setback lines as alloyed by City of Icenai ordinances. (bl No dvellinq shall be located on any lot nearer flan 15 feet to the rear lot line. This rest=fiction shall not apply co those lots located on the hluf: and front:nq on Rogers Road. ' 4 _j_ ,. ~. .... : .~y_t b, ,. ° ,y ~.~ `Y aaac0269t~152 . ., fe) For'ehe purpaaes o! these conditions, restrie- • lions and covenants. eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot. S. Loc lrea and Widih. No dwelling shall be erected of placed an any lot having a wideh of less than 60 feet at ehe building front line, nor shall any dwelling be erected or placed on any lot having as area of lass than 7100 square feet. 6. Easements. Easements for installation and maintenance of drain- age facilities are reserved as shown on the. recorded plat. wit:.in chase easements no structure, planting, or ocher material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the drainage tacilities, or which may change the direction of flow of drainage channels in c.`se easements, or which may obstruct or retard the flow of water through drainage channels in the easements. ~. Nuisances. No noxious or offensive activites shall be carried on uaon any lot, nor shall anychiaq be done theran which may be or say become an annoyance or nuisance co the , neighborhood. d. Temoorary Servetures, Na structure of a temporary character, trailer, basement, tene, shack, garage, barn, or ocher outbuilding shall ba used an any lot at any time as a residence either . temporarily ar permanently. 9. Multi-Family Structures No structure which contains three or more residential 1 units may be constructed oa any lots. je i~ ~~ 1, i~ .+ -]- 4 _~ .. _ •• .. !oar.~2fi9rsc153 . ' ~ ~ I0. slgns • .. .: . No Siqn of any kind shall be displayed to the public view on any lot except one professional sign oC nac more than ant square toot, ona sign of not more elan five square leer, advertising the property for aal• or rent, or signs used by a builder to advertise the prooezty during eonsczue- tion and sales period. '.11.Livescock and Poultry. No animals, livestocx or poult:/ of any kind shall be raised, bred, or keoe on azy lot, except flat dogs, cats, or ocher household pets may be keoe provided that they are not kept, bred, or maintained Cor any ce~ercial purpose. And fLrther provided flat ro mots Chan one dog of sled type .breed may be maintained and all dogs shall be restrained as necessary, ta.prevenc theiz.becominq nuisances. 12. Garbaee and defuse Disposal. No Iot shall be used or maintained as a dunoinq ground for rubbish. Trash, garbage or ottier waste shall not be keoe except in sanitary containers. All e?~xipment Cor the dis- posal or storage al such material steal: be kept in a clean and sanicarf condition. No garbage shall be keoe on the street exeegc on the pick-up day and snail be covered at all tiles. No burning o[ garbage Ln inciaeracors will be per- mitted. lJ, aster Supply. No individual water supply systems shall be peraitted on any lot. 1L. Sight Oistnnee at Ineersec:ions_ • No fence, wall, hedge oz shrug planting vhicl ob- ~ structs sight lines ae elevations of Cecveen 2 and 6 feet above the roadways shall be placed or ~ermitced to remain j on any corner lot within tha [rianqular area Corned by the -- .) '~ - _4. ..:~' •'-3_~ J i .J ( .~ .- :~. ,. toacQ~r;~1Jr4 street property lira and a line conaectinq them ac paints 25 feet tram the intersection of the street lines, or in the case o! a rounded property corner, from the intersection of the street property line extended. The same sight line limitation shall apply eo any lac within 10 leec tram the inceraecti~n o! a street property lire with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless ehe foliage line is maintained ac sufficient height ro prevene obstruction of such night linaa. 15. Architectural CantroL Commits:a. (a) Kembership. The Arclitec_aral Control Caasmittee shall be composed of: Jess L. Hall Clint D. Sall and any person or persons CesignaceC by Jess L.;'Hall and Clint D. Hall. A majority of such committee may designate a representative to act far it. Za the event of Ceath or resignation of any member of the committee, the remaining members shall have full authority to Cesignate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for services performed pursuant to thin inscrament. At any , time aL:er July 1. 1490 the t.~en record owners of a majority oC the lots shall have the power through a duly recorded written instrument to change the membership of the commit:ee, or eo withdraw from or restore to ruts committee, any of its powers and duties. (bl Procedure. The commiteee's approval os dis- approval as required in these conditions, restrictions and covenants shall be in writing. Zn the event the committee, or its designated representative, fails to approve or dis- approve within sixty (60) days after plans and specilications ~~ ~ ~ ~ ~' ~ !00[ ~ ~r {1`JrJ have been submitted to it, ar fn any event, it no_suit to enjoin the eonatruetian has been comoeneed prior eo the completion thereof, approval will not be required and• the relevenc covenants, conditions sad tescrictions shall be deeaed to have been fully complied with. 16. Trees. No owner shall be permitted co comolntely clear a lot on which standing trees of size and beauty exist. Saace may be cleared for construction, and trees may be chinned so tong as maximum natural beauty and esthetic values of such trees are retained. 17, Resutdivision, She area of the lots herein Described shall not be re- duced in size by resubdivision, except that owners of three • (3) conciquous•locs may divide the inner fat, or riddle lot, thus increasing the size of the :vo remaining lots which ' shall then 6e•treated far all pu.rosea pertinent to these conditions, rest=iccions and covenants as enlarged single Lots. 18. ?erg. These conditions, restrictions and covenants are. to run with the land and shall be binding on all par=its and all persons claiming under then for a period of T•+ency Fine (23) years tram the date these conditions, rescrietiar~s and covenants are recorded, after which c:me said conditions, restrictions-ard covenants shall be aueomacically extended for auccsssive periods of ten (10) years unless an Instru- ment signed by a majority of the t::en owners of the lots has been retarded, agreeing co change said conditions, ~ restrictions and covenants in whole or part, t i i I i ~-~;' 1' I _6_ .) ~ :._'. •~ _ i . _~_ _,r; ~_ 2 ~. ~: •. _ • . j `~j J:9~.L =mot. 1 i , «aK0269~1Fi56 - _ .. ~ 19. Remedies for'Viclationa - Invalidations. ~ . For a violation or breach of any of Chest conditions, 0. restrictions or covenants by any person claiming by, through or under the Owner, or by virtue of any judicial proceedings, the Ovner and the lot owners or any of them severally shall have the right to proceed ac law or in equity to compel a compliance with the terms hereof or to prevent the violation or breach of any of them. In addition to the foregoing right, the Owner shall have the right whenever there shall have peen built on any lot any structure which is in violation of these • restrictions, to enter upon the orooercy where such violation of .these conditions, rtst:ic=iars and covenants exists and ' summarily abate or remove the same at the expense of the owner, and any such entry and abatement oz removal shall not be deemed ' a cresnass. The failure to.prompe'_y enforce any of these con- ditions, restrictions or covenants shall not ba;r their enforce- went. 20. . i. ;~, ~'i . .r :b ~` ,~^ ~, •i,~_ 'r:'~, No drilllnq for oil or gas or related substances and no oenetracion for mining purposes shall be made in any lot ecceot such entry 5e more than 250 feet below the surface and without damage to the surface and the improvements thereon and na pumo, tank, storage facility, mining equipment aooara- tua, dump or any aceouncer~ent to oil, gas, or mining explor- ation or production shall be permitted on any loc. 21. Amendaent. The terms of this declaration and Establishment of conditions, restrictions and covenanca for eha Lnlet View Subdivision, Thlyd addition, may be amended at any time in writing aporoved by the owners of two-thirds (2/J) of the lots in the Subdivision, which signatures must be acknowledged before a Notary Public. 4 , ~• r~~ ~0:=0269rs{157 22. Waiver ~ , Any delay or omission on ehe part of the Owner, or its successors or assigns, or the owners of other lots or parcels in the Inlet Vlev Subdivision, Third Addition, in excercisinq any rights, powers, remedy or remedies provided by law or herein~in ehe event of any breach of ehe conditions, rest=fictions and covenants herein contained shall not be construed as a waiver thereof or aeeuieacanee therein, and ~ no right of action shell accrue nor shall any action be ~ brought dr maintained by anyone whatsoever against the Owner ~ I for or on account of its failure eo bring any action on 1 account of the breach of these canditiona, restrictions and I covenants, or for imposing restrictions herein which may be unenforceable. • • ZN WITYE55 :JFCEROF, Hall Canscruetion, Inc. has caused I T these presents to be signed by its qff=cars on the ~~ £ day of ~L~'/cT ' , 1985 at Kenai, ]flasks. I H,1.[.L CONSTRUCTION, INC. I B~~_ ~( /~ ~~ BY f ~ /` Off- `~9.V I Gent 0. Ha17,~ ?resident .:2ss L. Ha _, Vice-?resident I STAT£ OF ALdS1G1 ) i ' ) ss. j THIRD~JIIOICZAL DZSTRZCT ) j I //~ ~ THIS IS TO C_ATIFY that on this ^/ day of AJG'CLS _ I 1985, 6etore me, the undersigned. a Notary ?ublie in and con ~ the Stets of Alaska, duly commissioned and sworn as such. I personally apoeared Clint v. Hal: and Jess L. Hall known co ma and to me knave to be the pecsons doing business as HALT. CONSTRUCTION, Inc. vno executed t.Ye foregoing instrument, ~ and they acknowledged to me that they signed and sealed the same as their :nee and voluntary act and deed and as the free j and voluntary act and deed of said comoany Eor the uses and purpdaes cher:n sec forth. WITNESS my hand and official se .~ -$ 5- 0 1 0 0 7. 4 ~ ~~/~' ~-1 _ NOTARY ?U8 in Ana tot asks Hy Cemviasion expires: -r-p~;-r ..-~~- nca:.! nEC. STATE Of ALLSlCA I . OIS7nICT NOTARY PUQLIC Luc ZZ 9 t~ ~EI'85 _ ~ trials ~. Kara REQUEST"eD 8Tp)~~' T~F _8 tM ee..,.,~a,,, ~°~~ ~ tai,., zsc- sODRS55 =L158ZZiL Page 1/Z February 6, 1998 To: Kenai Planning and Zoning Commission From: Catherine L. Ross ~ ~~~ Charles H, Ross l~ C~~ Subject: Variance Request for I.ot 6, Block 5, Inlet View Subdivision Third Addition, Part 1 We are writing to protest Dennis and Kelly Gifford's request for a side yard variance which the Planning and Zoning Commission will be reviewing at the February l 1 meeting. We are the owner of lot 5, which is immediately adjacent to the lot for which the variance has been requested. We base our protest on the following: items 3 and 4 in the variance application do not appear to be correct. Item 3 states "Special conditions or circumstances are present which are peculiar to the land or structures involved which are. not applicable to other lands or structures in the same land use or zoning district." All of the lots along that section of Rogers Road are 82 feet wide, so the conditions regarding the land cannot be peculiar. All of the others who built along that stretch of road built houses that complied with the city's setback requirements, so it does not seem possible that the building should be considered peculiar. item 4 states "The special conditions or circumstances have not been caused by actions of the applicant, and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience." As stated in the response to item 3, all of the other home owners along that stretch of Rogers Road built houses that complied.with the setback requirements of 82 foot wide lots, or purchased two lots so that they would be able to comply with the setback requirements as was done just down the road on lots 2 and 3. Until last week, our lot which is adjacent to the Gifford's lot was for sale. if they wished to build a large house and conform to the standards of the city and neighborhood, they could have purchased our lot. The for sale sign on the lot is readily visible, as we have received many calls from prospective buyers. To date the Giffords have not called regarding the lot. Page 2/Z in the absence of mitigating conditions,. standards such as side yard setbacks should be standards. Side yard setback standards are city side standards and were not set arbitrarily, Side yard setbacks influence the `hook of the neighborhood" and fire control. if the standards can be bypassed by a simple request, then the standards should be dissolved and property owners allowed to build what they desire without regard for the neighborhood or the ability of the Fire Department to respond to and control fires. The existing home owners in the neighborhood in question purchased property and built homes based on the standards that were in place. The standards that others followed should not be bypassed for one family, It is possible to build a nice home on an 82 foot lot, it just requires that the owner and builder be aware of the restrictions and build accordingly. The inlet View area is currently a desirable neighborhood to live in, The homes are nicely built and the area has a nice look. To grant a variance that allows a 62 foot house to have only a 10 foot side yard setback (or 9 foot aS stated by the Building Official) on this lot, would set a standard that could allow the remaining lots on Rogers Road to have 62 feet of house, 20 feet of space, b2 feet of house, 20 feet of space and 62 feet of house. This would look like a huge picket fence and would not fit with the houses that have been built. tf this request is granted, is the new standard for building in the city a 10 foot setback for two story houses, and if so will you entertain a request fora 5 foot setback for a two story house? Granting of a request for a variance such as this should be considered very carefully and with the knowledge that in the absence of mitigating circumstances, the variance is in effect the new standard. We ask the Planning and Zoning Commission to review the implications of the request and reject this request. To grant the request in the absence of mitigating circumstances is in effect to set a new standard. This shortchanges those who have built in accordance to the standards, and negates the process of standard setting in the city. Tn closing, we axe currently in the process of closing the sale of our lot. if this variance is granted and the purchaser of our tot declines to complete the transaction will the city purchase our lot, and if not why not?