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Home My WebLink About1998-05-27 p&z packetCITY OF KENAI PLANNING AND ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS May 27,1998 - 7:00 p.m. AGENDA http://www.Kenai.net/city 1. ROLL CALL: 2. .SWEARING IN OF NEW COMMISSIONER: Art Graveley 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES: May 13, 1998 5. PERSONS PRESENT SCHEDULED TO BE HEARD: 6. CONSIDERATION OF PLATS: 7. PUBLIC HEARINGS: a. PZ98-20-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska. Application submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai, AK 99611. b. PZ98-21-An application for a variance for an oversize sign with lighting for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, AK 99611. c. PZ98-23-An application for an Encroachment Permit for the rear yard setbacks for the property described as Lot 6, Block 4, Thompson Park Addition #1 (3805 Primrose Place), Kenai, Alaska. Application submitted by Elliott N. Reid, P.O. Box 2541, Kenai, AK 99611. d. PZ98-24-An application for a Variance Permit for an off premise sign for the property described as Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Road), Kenai, Alaska. Application submitted by Rita Smagge, Kenaitze Indian Tribe I.R.A., P.O. Box 988, Kenai, AK 99611. e. PZ98-25-An application for a Variance Permit for front yard setbacks for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 61, Kenai, AK 99611. 8. NEW BUSINESS: a. Sale of Blocks 1 and 2, Five Iron Heights Subdivision. 9. OLD BUSINESS: a. Development Requirements Table--Discussion 10. CODE ENFORCEMENT ITEMS: a. Lot 2, BA, Spur Road #6 b. Lot 3A1, Spur Road Sub No. 7 11. REPORTS: a. City Council b. Borough Planning c. Administration 12. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 13. INFORMATION ITEMS: a. Letter to Michael Christian dated 5/7/98 b. Appointment Letter to Art Graveley dated 5/22/98 14. COMMISSION COMMENTS & QUESTIONS: May 27, 1998 Page 2 15. ADJOURNMENT: CITY OF KENAI PLANNING AND ZONING COMMISSION May 13, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** Ron Goecke called the meeting to order at 7:00 p.m. 1. ROLL CALL: Members Present: Teresa Werner-Quade, Ron Goecke, Barb Nord, Michael Christian, Karen Mahurin Members Absent: Carl Glick, Phil Bryson Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper WERNER-QUADS NOMINATED GOECKE AS CHAIRMAN PRO TEM AS THE CHAIR AND VICE CHAIR WERE ABSENT. SECONDED BY CHRISTIAN. GOECKE WAS APPOINTED CHAIRMAN PRO TEM BY UNANIMOUS CONSENT. 2. APPROVAL OF AGENDA: CHRISTIAN MOVED TO APPROVE THE AGENDA. SECONDED BY WERNER- QUADE WHO ASKED FOR UNANIMOUS CONSENT. AGENDA WAS APPROVED AS PRESENTED. 3. APPROVAL OF MINUTES: - Apri122, 1998 NORD MOVED TO APPROVE THE MINUTES OF APRIL 22, 1998 AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY CHRISTIAN. MINUTES WERE APPROVED BY UNANIMOUS CONSENT. 4. PERSONS SCHEDULED TO BE HEARD: None 5. CONSIDERATION OF PLATS: -None 6. PUBLIC HEARINGS: Planning & Zoning Commission May 13, 1998 Page 1 a. PZ98-18 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending hte Kenia Municipal Code at 14.20.230 be amended to require permits for home occupations. Verbatim Be 'ns Debbie Sonberg, 410 Cinderella, Kenai, Alaska if I read the definition of home office correctly then that's out of the zoning code, it reads "accessory use of a certain charac... character customarily...lets see if I'm reading the right one, an accessory use of a service character customarily conducted by... with a dwelling by the resident which does not involve the conduct of trade on the premises, ah... it seems to me the way this ordina... ordinance, or PZ98-18 is written that if a business meets that definition it does not require a permit. Because of the various things stated in this resolution ah... the exceptions, it seems like maybe ah... if this resolution is appropriate then the definition of home occupations needs to be changed because the two seem to be in conflict. The resolution requiring a permit for something that doesn't meet the definition. I also think that this is a result of our neighborhood's issues that were dealt with the past few months and the primary reason it has come up is because Chumley has tried to equate home occupations with commercial ah... professional offices and they don't equate, that's been made by the Council and I'm in agreement with that statement, um... I also think the purpose of home occupations is to remain obscure, not particularly noticeable by anyone riding by, and putting primary focus on it at this time.... (illegible) although there are neighborhoods that have home occupations become a public issue because (illegible) and I think this is a result of that, I see a conflict between the definition and the resolution and I also see ah...that there is no way that you can enforce it if you do pass... Werner-Quade: A comment Mr. Chair; Goecke: Ms. Mahurin... Werner-Quade: okay Goecke: oh, sorry... Werner-Quade: ah... Ms. Werner... Now, Ms. Sonberg, maybe I can help to clear a little bit of that up, I don't know, but I'm going to go through Marilyn in order to do this, Now Marilyn, when this was first presented to us, isn't it correct that um... City Administration will first be reviewing the home occupation permit, Planning & Zoning Commission May 13, 1998 Page 2 then if Administration finds that the home occupation ah... request is low-key, non-impact, and meets the general criteria, then that permit will come before planning and zoning as more or less of a routine approval um... because in the third line it says, "Whereas the Commission believes it is in the best interest of the City of Kenai to require permits for businesses being operated out of private homes," that was simply to allow this body to ah.. concur with findings of staff and in most cases, unanimously vote to approve that home occupation permit and you are correct, there is no way to enforce it and originally when we heard the definition we immediately kind of came to the same conclusion, well maybe they shouldn't even have to come anyway and get any kind of permit because that is how it reads. So, is that correct Marilyn? Kebschull: Yes, that... that is correct. We did include in this um... resolution exemptions so that those occupations which basically use a home computer, um.. and generate little or no observable traffic does not require a home occupation permit. Sonberg: but to me that... that's a definition of a home occupations, I mean that's... I read the home occupations definition straight out of the code. Kebschull: Well, I'm not the City Attorney but I would have to say that to conduct a trade on premises would get into more of giving and taking of some... some sort of... Sonberg: but that would not be a home occupation by defmition of the zoning code because if that which does not involve conduct (illegible).... so your getting into a business that is not a home occupation and trying to pass a resolution on home occupations that covers (illegible)... Kebschull: I'm reading it different... exactly the opposite of what you are. I read it to say that a business that does not conduct trade on the premises is a home occupation. Those home occupations where you work as a guide service that would use their phone to, you know, book... take bookings, people would not come there and buy merchandise from them, like a craft store, or a day care, a day care may be a home occupation, but what the Code is trying to do is separate the difference between those businesses that do not really affect their neighbors from those businesses that generate more traffic should have a conditional use permit. Werner-Quade: one last question for Marilyn, is there a fee attached to applying for a home occupation permit at this time? Kebschull: No Planning & Zoning Commission May 13, 1998 Page 3 Werner-Quade: so that's ah... Kebschull: (illegible) Werner-Quade: and that's the way I understood as well, thank you. Sonberg: and last I must ask you to read number 38 on page 6c of Title 14 of the zoning code... the definition of home occupations and read the exception in your PZ98-18, the exemption for those that would not be required to have a permit, then tell me which ones would be required to then that meet the definition of home occupations that don't meet the exemption. The definition of home occupations, the way I see it in the zoning code, is going to automatically exempt any home occupation when they don't meet the defmition of home occupations of the zoning code. Is there also a proposal to change the defmition? Mahurin: Might I ask for a point of order? I guess I am questioning the process of a public hearing. I mean, I... my understanding of a public hearing is that it is an opportunity for the public to come and give testimony to us. I guess I am questioning whether it is appropriate for us to get into a debate and a question and an answer process back and forth during the public hearing, so that is a point of order that I'm asking for clarification Mr. Chair. Goecke: Ah... and I... I agree, um.... Ms. Mahurin, I don't know at this point in time ah... that we have done this exactly right um... I... Ms. Sonberg is ah... still ah... making her presentation so I think that we need to wait until she is finished before we get into questions and answers of the speaker. Mahurin: My suggestion is going to be that we certainly listen to Mrs. Sonberg and take note of her questions and then during our discussion would be an appropriate time to for us to talk about them with input from staff. Thank you. Goecke: (to Sonberg) continue Sonberg: From my perspective, ah... I probably said all I need to say on this issue. As far as discussion, it's a hard line. I think every time I've been up here Ike had questions asked, whether it's been Commissioner's or Council members, ah... that sometimes it's awkward and uncomfortable and other times a lot of opportunity would be there otherwise because when you get to your discussion then we, in a sense, don't have an opportunity to respond. Then neither if we don't hear your discussion ahead of time, so that's kind of an awkward point and in a way it's probably out of order to ask me questions during my testimony of that affords an opportunity... I'm not sure point of order which way it ought to be as opposed... Planning & Zoning Commission May 13, 1998 Page 4 Goecke: Anybody else in the audience wishing to speak to ah... PZ98-18? If not, bring it back to ah... Commissioners, ah... any comments, Ms. Mahurin? Mahurin: Well, I'm in support of the resolution and I think that Mrs. Sonberg was here last time when we had quite a lengthy discussion and over the last couple of weeks that we've talked about this. I see this as a positive avenue for more input from um... community and residents in the area. We haven't had any sort of a mechanism before where the public was really notified of home occupations or that type of stuff. So, I am in support of this and I see this as a, quite frankly, a clarification for us and it doesn't hamper Avon, Tupperware, etc., but it's also an avenue where not...that home occupations don't always have to come before us but yet we're alerted and that if the public is concerned then there is an opportunity for them to come and voice that, where we don't have that opportunity now. So I am in support of this resolution. Christian: Apparently, what it sounds like what we just need to do is clarify the terms better. The exemptions are what we normally have called home occupations and what we're looking for here is maybe another term that it comprises of something that is a little more active than our exemptions or traditional home occupations. So if there is some term that we could use in its place and define it as any activity that does... that... creates more activi... or more traffic or more interplay, then our exemptions are listed. Maybe that's what we're looking for. I... I do think the ordinance is... is a positive step maybe we just need another term to apply for what we're trying to do here. Goecke: Ms. Quade? Werner-Quade: I have a comment, thank you. Um... you know I've read this and I'm in favor of it and I can't find anything that I'd like to change and as far as the exemptions, that seems entirely accurate to me and um... my husband has a home occupation permit for a business that he has out of our house and it doesn't fall under the exemptions so he would be coming through the process and he would be asking for a home occupation permit, which he did, and by the way, there aren't that many people who have home occupation permits. How many do we review in a year? Five? Ten?, it's not very many so this... I agree with what Mrs. Mahurin said, this is just a way for us to review what's going on and it's important. Goecke: I... I to ah... think that this is ah... very positive step and um... I, personal... from... from my perspective it's a ah... a way for the City to know what is happening in their town... in... in our town, not just for the City but for everybody to know ah... if... if you are operating a business in... in your home, you should also be ah... collecting sales tax if you are operating a business. Doing tha... collecting that sales tax, a portion of that comes back to the City of Planning & Zoning Commission May 13, 1998 Page 5 Kenai. If you are not collecting sales tax you are doing the rest of the citizens in this town a ah... disservice and ah... I think... I think this ah... is what ah... we were after here is to make sure that anybody that is operating a business out of their home with the City... knows about it... this is all... ah... I mean they are asking, you know it's ah... comes up on the consent agenda, ah... at our meeting and um... basically it's ah... it's probably always going to be, I wont' say that for fact that it will be, but most of them will be just approved because they~e already been reviewed by ah... staff upstairs, but going through this step then the City knows that in fact this person is operating a business in his home and ah... so I... I think too that this is ah... one giant leap forward and ah... Ms. Nord? Nord: I to agree with the... with this resolution and I think it is a positive step in the direction of which Council and Planning and Zoning have worked together to try to rectify a situation where the City has been uncomfortable with the way the home occupation permit process has happened in the past and this goes back, not just to what has happened in the MAPS area but this... this has been a long time coming, at least a year, it was brought up at least a year ago when this discussion had started and we've been sort of working on it back and forth for about a year so it's finally come to this point so I'm going to vote in favor of it... this resolution. Goecke: Ms. Mahurin? Mahurin: I just wanted to Mrs. Sonberg to... to also say... I... I realize that it appears we are reacting because of the latest situation in your neighborhood, but as Mrs. Nord just said, we have honestly been wrestling with this home occupation/conditional use situation for a good year plus and we had a couple home occupations that really we wrestled with and wrangled with and um... probably the situation in your neighborhood just brought things to a head to make us realize that we really had to get some clarification or language for everyone, for the neighbors, for us, for Council, so that everybody knew what was happening, so it's not a knee jerk reaction but it... it does have something pat but I want you to rest assured that this has been a long time coming as Mrs. Nord just said. Goecke: Anything else? Call for Question. Verbatim Ends Vote Bryson Absent Werner-Quade Yes Goecke Yes Nord yes Planning 8v Zoning Commission May 13, 1998 Page 6 Mahurin Yes Christian Yes Glick Absent Motion passed unanimously. b. PZ98-19 - An application for a Conditional Use Permit for weekly home rental for the property known as 1500 Chinook Court (Tract E., Oberts Subdivision), Kenai, Alaska. Application submitted by Michael W. Wykis and Jeannete C. Wykis, 1500 Chinook Court, Kenai, Alaska. CHRISTIAN MOVED TO APPROVE PZ98-19. SECONDED BY MAHURIN. Michael W. Wykis, Kenai, Alaska stated that he attended the meeting to answer any questions from the Commission. Mahurin asked if Michael or Jeannete Wykis intended to occupy the residence during the weekly rental period in the summer. Wykis replied, no, they will not occupy the residence. Christian asked if there was any reaction from the neighbors. Wykis answered, he visited all the neighbors on the left side of Silver Salmon and got a positive reaction from all of them. Public hearing closed. Staff had nothing additional and also noted that Administration has not received a response from the notices sent to the neighbors. Mahurin stated her understanding of a conditional use permit was that the owners lived on the property even when a part of the house was used for a different purpose. Mahurin asked for clarification. Goecke replied, he thought Mahurin was confusing cabin rentals with bed and breakfasts. It was noted there was new language under cabin rental and Mahurin was satisfied with the clarification. Vote Nord Yes Mahurin Yes Christian Yes Bryson Absent Werner-Quade Yes Goecke Yes Glick Absent Planning & Zoning Commission May 13, 1998 Page 7 Motion passed unanimously. 7. NEW BUSINESS: a. Review development in the Townsite Historic District Zone - Renovation -Lot 38A, Dolchok Subdivision, 510 Mission Avenue, Kenai, Alaska. Application submitted by Joe Tromblee. CHRISTIAN MOVED TO RECOMMEND APPROVAL OF A BUILDING PERMIT FOR THE RENOVATION OF LOT 38A, DOLCHOK SUBDIVISION. MOTION SECONDED BY MAHURIN. Staff had nothing additional but noted items 7.a. and 7.b went before the Historic District Board at its last meeting and the Board recommended approval for both items. Mahurin commented that the building was one of few left in that minute portion of town called Historic Townsite. Mahurin added, Mr. Tromblee is most cognizant of historical value and has certainly tried to maintain that. Mahurin has had many conversations with Mr. Tromblee and has absolutely no hesitation in approving the building permit. Goecke asked for confirmation that Tromblee is working with staff for a building permit. Kebschull confirmed that Tromblee has been in contact with the building official. Vote Mahurin Yes Christian Yes Bryson Absent Werner-Quade Yes Nord Yes Goecke Yes Glick Absent b. Review development in the Townsite Historic District Zone - Renovation -Lot 4, Block 5, Original Townsite, 517 Overland Drive, Kenai, Alaska. Application submitted by Don Petroze. WERNER-QUADE MOVED TO RECOMMEND APPROVAL OF A BUILDING PERMIT FOR THE RENOVATION OF LOT 4, BLOCK 5, ORIGINAL TOWNSITE. MOTION SECONDED BY CHRISTIAN. Staff had nothing additional. Kebschull pointed out that during the Historic District Board review several issues were discussed and at the end it was determined that a conditional use permit would not be Planning & Zoning Commission May 13, 1998 Page 8 required for the type of renovation required unless there was something other than allowed uses on the property. c. Vote Christian Yes Bryson Absent Werner-Quade Yes Nord Yes Mahurin Yes Goecke Yes Glick Absent Vacation- 33 Foot wide public right-of--way and utility easement, Government Lots 24, 44 and 45 -Discussion. CHRISTIAN MOVED TO APPROVE THE VACATION OF THE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENT. MOTION SECONDED BY MAHURIN. Staff had nothing additional but noted that the City Engineer wanted the Planning and Zoning Commission review so that comments could be provided to the Borough Planning Commission. The City Engineer also made the comment that the vacation would be the best use of the right- of-ways. Vote Bryson Absent Werner-Quade Yes Nord Yes Mahurin Yes Christian Yes Goecke Yes Glick Absent 8. OLD BUSINESS: a. Development Requirements Table -Discussion Christian noted on page 1 of 2 that single family dwelling was included on the same line as two and three family dwelling. Christian thought that single family should be separate to allow for easier changes if necessary. Kebschull explained that this was not a change as the square footage requirement remained the same until it reached a four family dwelling. Mahurin requested that no action be taken on the issue until the next meeting on May 27 at which time Glick and Bryson will both be present. Goecke pointed out the item was for discussion only and no action was Planning & Zoning Commission May 13, 1998 Page 9 required at this meeting. Kebschull indicated that she would recommend postponing action on the issue as the building official would be available at the next meeting or at a work session should the Commission decide a work session was necessary. It was determined a work session would not be required as the issue could be handled during the regular meeting. Kebschull brought attention to the memo in the packet from the building official. Werner-Quade agreed with the memo. Goecke also felt the 10 percent figure would alleviate some of the requests coming to Planning and Zoning. The issue will be added to the agenda for the May 27 meeting. 9. CODE ENFORCEMENT ITEMS: a. Lot 1, Long Subdivision Kebschull reported that a letter was received from the renter of this property who indicated the vehicle would be moved within 30 days. A follow-up will be conducted at that time. b. Lot 13, Block H, Woodland Subdivision, Part 4 Kebschull reported that no response was received regarding the Code violation notice that was sent. 10. REPORTS: a. City Council Smalley apologized for not being at the last few meetings and noted that he was involved with the budget work sessions. The following report was made from the Council agenda included in the packet: Item B. -Henry Novak from the Cook Inlet Council on Alcohol and Drug Abuse is preparing a grant for a residential facility for males. Novak asked if the City would be interested in donating property for the facility. Novak also asked, for the purpose of the grant, if the City would provide a letter indicating an interest in the project. The letter does not require the City to donate property. Items C 1 through 4 were approved. Item H.6 was a discussion about the Challenger Center agreement. City Administration is going to work up two different scenarios to review. Planning & Zoning Commission May 13, 1998 Page 10 One scenario would be with the City in ownership of the facilities and property and the other is with the Challenger Center group in ownership. Smalley indicated there were advantages and disadvantages with both scenarios. Smalley reported that seven RFP's for the architectural design were opened and are being reviewed. It was noted that all RFP's were from within the State to include local firms. Nord asked if City Council has seen an influx of more appeals since the new land use table was initiated? Smalley replied, there has been a lot of appeals in the past few months but he could not say that they were as a result of the land use table. Smalley continued, in reference to Ordinance 1779-98, if it was determined that the conditional use request is similar and is denied by Administration, it can be appealed directly to council. Council would then schedule a Board of Adjustment Hearing to determine whether in fact it was a similar or different request. Smalley indicated the moratorium wouldn't necessarily stop the process as the applicant has the appeal option. Item H.7 is scheduled for May 20, 1998. Item H. 8 and 9 have been approved. The budget process is on schedule. Goecke asked for clarification that the Cook Inlet Council on Alcohol 8v Drug Abuse wanted another building besides the building behind Kentucky Fried Chicken. Smalley replied, they want a building to be used as a residential unit which would house eight individuals who are chemically dependent that need to spend time in a treatment facility. Smalley reiterated the facility will be built within the City but an exact location has not been determined as the grant is just now being applied for. Discussion took place on zoning and Smalley indicated that Novak would build anywhere the City deemed appropriate. b. Borough Planaing - No report c. Administration: Kebschull brought attention to the conditional use permit report included in the packet and indicated that she could run queries to provide any type of information the Commission may want on conditional use permits. Planning & Zoning Commission May 13, 1998 Page 11 11. PERSONS PRESENT NOT SCHEDULED: -None 12. INFORMATION ITEMS: a. Iavitation to "Walking Tour of Old Town Keaai" -May 9, 1998 at 1:00 p.m. b. Letter to Mayor Williams dated 5/1/98 c. KPB Plat Committee Action of 4/ 17/98 13. COMMISSION COMMENTS AND QUESTIONS: Commissioner Werner-Quade apologized to Mrs. Sonberg and the Commission for being out of order. Werner-Quade reported her schedule is fast and furious these days due to a change in job locations. Commissioner Christian asked about the status of the Norville dumpster situation and indicated that it was during this time that efforts to beautify his area were to be taking place. Christian reported nothing has been done yet. Kebschull replied, a report was just received and Mr. Norville will change the location of the dumpster to one end of the building and it will be surrounded by a concrete enclosure. Norville is also considering installing a curb to prevent access to the bike path. Christian reported there is still a problem with temporary signs. MAPCO just removed theirs after having it up for 2 or 3 months. One Stop just received a variance for an oversized sign and after it was installed they attached a temporary sign to it. Christian thought it was inappropriate for an applicant to apply for an oversized sign then add to it after approval is obtained. Christian informed the Commission that he had to resign because he will be leaving for 3 months. Christian added, he has enjoyed his time on the Commission and has learned a great deal from it. Christian hoped he was able to help the City during his 1.5 years on the Commission. Commissioner Nord stated that she hated to see Christian go as it has been a pleasure working with him. Nord thanked Kebschull for the information provided in the packet and added that it would be a great help. Nord indicated that she may not be at the next meeting as she will be traveling back to Alaska that day. Commissioner Mahurin asked for a continuing follow-up on First and Birch Planning & Zoning Commission May 13, 1998 Page 12 Streets as the vehicles are overflowing once again. Additionally, Mahurin wanted to comment on the property on First and Spruce since she was critical of it in the past. There are improvements to the outside of the building and Mahurin appreciates the steps that are being taken. Mahurin reported that she had some out of town visitors recently and they contacted Diana I.ofstedt regarding the new cabins on the bluff. Lofstedt graciously showed the renovations of boarding house and cabins. Mahurin made it clear that she was not pushing one business over another but urged members to remember that those facilities are available. Mahurin couldn't help but wonder also about the increase in appeals and thought of the old comment, "you reap what you sow", or "sow what you reap" when the question came up about the land use table. Mahurin stated that she was in support of a residential treatment facility since the hospital no longer has those services. This is something that is definitely lacking in the community. Mahurin pointed out that the issue is not about criminals but about neighbors, friends, and family so she hoped that the City Council will pursue it and when it comes to Planning and Zoning it would be something the Commission could support and work with. Mahurin indicated that she to will miss Christian as she has appreciated his perspective and hoped that after his 3 months he would consider returning. Mahurin added, she to may not be on the Commission so if people in the audience are interested in Planning and Zoning there is an opportunity. Mahurin commented on the public hearing issue and pointed out her comments are not meant towards anyone in particular. Mahurin continued, since she has been on Planning and Zoning this has been a issue for her. She serves on several different boards and no where does she know of the casual way that City Council and Planning and Zoning run public hearings. Mahurin thinks the intent of a public hearing is for people who are appointed or elected to hear from the public and to listen to their concerns. If there are specific questions, Mahurin feels they should be addressed during the Commissioner's discussions or on advise of Administration or an attorney. Mahurin stated she believes in listening to the public but she doesn't feel it is the Commission's role to get into a dialogue and go over the time limit. Mahurin pointed out that she has always supported the time limit factor in order to get business done and be professional about it. Councilman Smalley, on behalf of the Mayor and City Council, thanked Christian for his efforts and dedication on the Commission, they are truly appreciated. Smalley reiterated to the audience that there is a vacancy on the Planning 8v Zoning Commission May 13, 1998 Page 13 Planning and Zoning Commission and applications can be obtained by contacting the City Clerk. Commissioner Goecke also thanked Christian for serving on the Commission and indicated he had some good insight. 14. ADJOURNMENT: MAHURIN MOVED TO ADJOURN. MEETING ADJOURNED AT 8:00 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning & Zoning Commission May 13, 1998 Page 14 CITY OF KENAI .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ra-a~atY IIIII~ 1992 May 4, 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 May 27, 1998: PZ98-20-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska. Application submitted by Bill Bradley Zubeck; Zubeck, Inc., 7983 Kenai Spur Highway, Kenai, AK 99611. PZ98-21-An application for a variance for an oversize sign with lighting for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska. Application submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai, AK 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 May 27th. 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: April 27, 1998 Prepared By: JL/mk Res: PZ98-20 GENERAL INFORMATION Applicant: Bill Bradley Zubeck; Zubeck, Inc. 102 Highbush Lane (7983 Kenai Spur Hwy.) Kenai, AK 99611 Requested Action: Legal Description: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit Lot 4, Block 1, Parks Subdivision RR-Rural Residential Residential Medium Density Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. City Engineer: An existing slope on the property may have contributed to the house being shifted from the location originally shown on the plot plan. PZ98-20 j Encroachment Permit Page 2 Building Official: Applicant is requesting an Encroachment Permit to eliminate a .3' encroachment. The encroachment occurred during construction of this single-family dwelling. The original plot plan shows this corner of the building being located 18.1' from the side property line. CONCLUSION: Based on the information provided, it appears that the applicant meets the criteria for an Encroachment Permit as outlined in KMC 14.20.185. ATTACHMENTS: 1. Resolution No. PZ98-20 2. Application 3. As-Built Certification CITY OF KENAI PLANNING AND ZONING COMMISSION 1 ENCROACHMENT PERMIT RESOLUTION NO. PZ98-20 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Bill Bradley Zubeck; Zubeck Inc. LOCATED: 102 Highbush Lane, Kenai, Alaska LEGAL: Lot 4, Block 1, Parks Subdivision BY: Bill Bradley Zubeck WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on April 27, 1998 2. This land is on land zoned RR-Rural Residential 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (d): (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4- The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on May 27, 1998. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 27th day of May , 1998. i~ ~ n of r~~ ATTEST: Planning Secretary ~, CHAIRMAN ~' ~~ 1791-1991 CITY OF KENAI "ail G'u~~ ~ r4~~~„ 210 FIDALGO KENAI, AL TELEPHONE 283 - FAX 907.283-3( ~~~ ~~ APPLICATION FOR ENCROACHMENT PERMIT RF~~~V~o ~;, !NAME: U lC. ~^iG ~2 /~ STREET~`~ADDRESS X983 k~ Na / S aye ~/ ,Mai ~lK 9~0// MAILING ADDRESS ~7~ LEGAL .DESCRIPTION L oT ~ 8~.o cr 7 A,e.~,I ~8~~ v//~~ iC',e,~ ZONING DISTRICT (Circle:l) C CC CG ~ RR-1 RR-2 RS RS-1 RS-2 RU R IL ?PH4NE 283 - 3 99 / ~F~t x : Z,~i3- soZ¢ Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions 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 THERE CONDITIONS. 1. An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. 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) A D D I T I 0 N A L C O M M E N T S Signature of Appli ~~, ~ti~ , '~/off='<f~'T+,r~ -tom ~®~ ~ , ~+I J I ~j v ~1 o .,.. 3 ~ N89'S4~00"E 136.36' - ,~ o- M 13.7' ~ 76.0' i~ ~ ~ I ' m N rn ~ ~ i ~ ~~ 1 a-~~ 58.4 ;+ a~i I a .. ~ I ~ ~ ` ~'~ Y ~~~ 18.1' I W ~ W ~ ~ 3 ~ . . :'. ~ ~.;' io ~ 0 : 31.6' 0 26.9' ~ o ~`~~~'~~~~~~~ Lot 4 ~ ~ porch p Note: Lot served by ~ o I i7 city water & sewer I o I~ N ~~_ 20' Building Setback W 116.33' Lawton Dr. (Kalgin Avenue J~ 100' ROW ~\\ ~~ AS-BUILT CERTIFICATION OTES As-Built Certificate I hereby certify that the improvements hereon exist • Rebar (found) ~ Vent Pipe as shown on the following described property. Scale: l" = 30' F.B. #: 98-1, Pg. 26-27 KENAI RECORDING DISTRICT Plat: K-1562 Date: 19 February, 1998 Drawn: CB W.O. # 97050 Disk: \D26\Parks ~l s~~~ 605 Swires Drive, Kenai, Alaska 99611-8363 SURVEYORS PHONE - (907) 283-9047 PLANNERS FAX --- (907) 283-9071 Lot 4 Parks Subdivision and that no encroachments exist except as indicated. Exclusion Note: It is the responsibility of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on ttie recorded subdivision plat. Under no circumstances should any data hereon be used for construction or far establishing boundary or fence lines. STAFF REPORT To: Planning & Zoning Commission Date: April 27, 1998 Prepared By: JL/mk Res: PZ98-21 GENERAL INFORMATION Applicant: Bill B. Zubeck 102 Highbush Lane (7983 Kenai Spur Highway) Kenai, AK 9961 1 Requested Action: Variance -Oversize sign with lighting Legal Description: Lot 4, Block 1, Parks Subdivision Existing Zoning: RR-Rural Residential Current Land Use: Residential j Land Use Plan: Medium Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. 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 zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 4. The granting of a variance shall be the minimum variance that will ~ provide for the reasonable use of the land and/or structure. 5. 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. PZ98-21 Comments Page 2 Variance KMC 14.20.220 details the requirements for signs in the City of Kenai. KMC 14.20.220 (10) states that, "Relief from any of the provisions of this section may be provided by a variance as provided in KMC 14.20.180. Applicant is applying for a variance for an oversize sign with lighting for a Home Occupation. KMC 14.20.220 (d) (1) specifies home occupation signs in residential zones may not exceed four (4) square feet in area. In addition, it states, "No lighting is permitted." The applicant is requesting a sign with a size of 32 square feet with lighting. This would be a variance of twenty-eight (28) square feet with lighting. Commission should note that athirty-two (32) square foot sign is allowed for conditional uses in residential zones. City Engineer: No Comment. Building Official: A sign permit will be required if approval is granted. CONCLUSION: Applicant would like to display a sign to advertise his home occupation for marketing log homes. He does not feel that a four (4) square feet sign would be adequate. In addition, he expressed a desire to light the sign noting that in the winter it would be impossible to read the sign in the dark. Commission should review KMC 14.20.180 (Variance Permits) and KMC 14.20.220 (Signs and Advertising Devices) to determine if the requested variance is an allowable use. As noted above, the size requested is an allowed size for advertising conditional uses in residential zones. In addition, bulletin boards or changeable letter signs in residential zones allow indirect illumination. ATTACHMENTS: 1. Resolution No. PZ98-21 2. Application 1 CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-21 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 :Bill B. Zubeck Located: 102 Highbush Lane (Lot 4, Block 1, Parks Subdivision, Kenai, Alaska 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: 11 That an application meeting the requirements for a variance has been submitted and received on April 27. 1998 21 That this request is located on land zoned RR-Rural Residential 3) That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220 (d1(1) Home Occupation Sign Not to Exceed Four (4) Square Feet. No lighting permitted. 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 Mav 27, 1998 . 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, MAY 27 , 1998. CHAIRPERSON ATTEST: Planning Secretary ~~-:~ i ~9 i * ~/~ l)- ' , .~ ~. '/ BILE\`TE\'vI.~L yi~aye axlJ~a ~ t= ~l.~ml~i a ~l[~e! DATE : !~ Z~J~9f3 CITY OF KENAI 210 Fidalgo enue Kenai, Alas 9 'rFr.~uO 83-7 FC FAX 907- 3-30 4 l• ~~~-F' APR ~ ~ .-~..,~.~ APPLICATION FOR VARIANCE PERMIT NAME : ~/~ ~ s~. ~u~~C,FG_ PHONE : ZS3 ' 3 ~~/ ~'^'~ MAILING ADDRESS: ~9~3 ~ti~~ -~~~ ~/w~ ~~'~~' ~'~ ~~/~ LEGAL DESCRIPTION OF PROPERTY INVOLVED: ~T ~ ~~~~ ~ ,Dsr.2~K! ~~~ ~e~Z -6<J ~/J ZONING DISTRICT (Circle one): C ~ 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 AID 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 depositJadvertising fee is required to cover these otification 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 l 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. a 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: ~~~tc~lo./ !.T ilil~j~' ~rrrL ~ ~<.6HT~ Si6~ ~~ be ~ 32- s~~.~ x ~ ', ~~ A~~; .r~~6 ,~ s~•~ ~~ ~r~.~.~~~. Applicant's Signat CHAIRPERSON Attest: Marilyn Kebschull, Secretary C:\WPDOCS\FORMS\VARIANCE.PG2 Saturday, May 16, 1998 City of Kenai Planning Department 210 Fidalgo Suite 200 Kenai AK 9961 I-7794 Dear City of Kenai This Letter is in response to the request for a variance for Mr. Biil Bradley Zubeck to place a lighted sign on his property. I am requesting that this variance be denied. I feel that it is important to stick to zoning rules and regulations. Rules and regulations are important for allowing a community to develop in healthy and viable manner. Kenai needs more healthy structured growth. I want my property to appreciate in value and to maintain it's desirability. Thank you for your time and consideration. Respectfully, Bill (John .) Wise ~~ CITY OF KENAI -- c~ e~:~~ ~ 1a~~-- .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ ~anehcnr I~II~I 1992 May 14, 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 May 27, 1998: PZ98-23-An application for an Encroachment Permit for the rear yard setbacks for the property described as Lot 6, Block 4, Thompson Park Addition #1 (3805 Primrose Place), Kenai, Alaska. Application submitted by Elliott N. Reid, P.O. Box 2541, Kenai, Alaska. 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 May 27th. 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 Prepared By: JL/mk Date: May 11, 1998 Res: PZ98-23 GENERAL INFORMATION Applicant: Elliott N. Reid P.O. Box 2541 3805 Primrose Place Kenai, AK 9961 1 Kenai, AK 9961 1 Requested Action: Encroachment Permit -Rear Yard Setback Legal Description: Lot 6, Block 4, Thompson Park Addition #1 Existing Zoning: RR-Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. Applicant is requesting an Encroachment Permit for the rear yard setback requirements as specified in the Development Requirements Table. The setback requirements for the RR-Rural Residential zone are: 25 Front, 15 Side, and 20 Rear. The shop, as shown on the as-built survey, encroaches into the rear setback 11.7 feet. This structure was constructed in the early 70's prior to the City of Kenai assuming zoning responsibilities in the city. As such, this structure is "grandfathered" in as anon-conforming structure as specified in KMC 14.20.050. The applicant wishes to obtain the Encroachment Permit to alleviate future problems and to obtain a building permit. City Engineer: No comments. Building Official: Applicant intends to enlarge the structure at a later date that would require this Encroachment Permit. RECOMMENDATIONS Commission should determine if the requested action complies with the requirements for an Encroachment Permit. It should be noted that the structure is "grandfathered" in and an Encroachment Permit is only necessary if the applicant decides to alter the existing structure. ATTACHMENTS: 1. Resolution No. PZ98-23 2. Application 3. As-built Survey CITY OF KENAI ~ PLANNING AND ZONING COMMISSION ~ ENCROACHMENT PERMIT RESOLUTION NO. PZ98-23 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Elliott N. Reid LOCATED: 3805 Primrose Place, Kenai, AK LEGAL: Lot 6, Block 4, Thompson Park Addition #1 BY: Elliott N. Reid WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on May 5, 1998 2. This land is on land zoned RR-Rural Residential ~ 3. That the applicant has demonstrated with plans and other documents that he can and does meet the following specific requirements as set forth in Sec. 14.20.185 (dl: (1) An encroachment as defined in KMC 14.20.185 (a) exists. (2) The encroachment does not encroach upon a Federal, State or City right- of-way or utility easement. (3) The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. (4) The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on May 27 1998. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this ~ 27th day of May , 1998. A TE T: Planning Secretary ~ CHAIRMAN ~~ ~3 1781-1991 CITY OF KENAI ,^ „ail G'~~ ~ ,Q .__ 210 FIDALGO KENAI. A 99 ~~ TELEPHONE 2 7535 ~w FAX 907.283- 1~ ~`"' ~~` yyc~,~- ~ s L~ Q tic o~ O~,.f~ APPLICATION FOR ENCROACHMENT PERMIT ::NAME... ~'~ . '`STREET:"ADDRESS (7 S~ ~ A c e.• MAILING ADDRESS c - S I =NR' t~ LEGAL DESCRIPTION ~.o S ' X ~L r ocK .+de.~: -~ ~r ~. , rlcc.u ur,a >oyTu p~.~ :y-/ u- A,c .vo. ~ . ,~ ~ ~~.~ rati 1s. ZONING DISTRICT C CC CG ~ il'Jc cF RR-1 RR-2 RS RS-1 4d'!Cfi . RS-2 (Circle : i) RU R IL :'::PHONE ~ - ~-! ~- 1 ,. $ , ~ Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions 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. ~~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~/ Provide a site plan of the property including location of all existing buildings, rights-of-way or easements, setbacks, elevations, and any data pertinent to the application. 3. ~/~- 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) A D D I T I O N A L C O M M E N T S Signature of Applicant: :, i ~;, :<~ ~: ;': f.: `. ,.. N ~:. ~ r ~ .del&~£ ~•• a .~ ~ ~ ~ d O ~ .~„ it1a0 O~ N ~ t.E • e u s e •~ ~ OC•o~ ~ R •Y i a . s . .. ~ ~.. o • , •• • • ~ ~~ o o • ~ o ~ • ~ •a ~ E • 2 ~ k ~~ • ~ Q h • O N ~ \ ~ Z . liJ j •~.. ~ W o 41 ~ +! C4 ~ h ,Q W „~ . ~. • J • . oo'•oii • . ..- m ~ ~_ ~r~s.oZ • .• •a •' W t•~F o•aa I • ~ ~ .n • ~ • • ~ O wo•w •~ E • •v •° , • ~ e ~ u .. • .» ~ 1 ~ ~ tO Q ebb ` .. bJ ~a• f .,, ~ ~ ~ ~ . ~ ,EiB §~~ N°O. ~. • d N w ` ~lQ Q •C N30~rp Q `Q ~ Q u. Q• ~ e o ~ ..~ •~~t C NN ~.1•i H e s • ~i • iOb ..aCr~~ u. U t 8• ~ ~ a~ u o.r.`' ~ Ng ~ ~ ~. ••~u . mgr d E~° ~ ~ C•9 ~ ° N \ O • . ~~_ ~ . ~ OiOZ •-r~+• Qa - ~~' ~ • N •c ~ I O DE .. ~~. • . V -- - '1 O . -• o ~ 3 .~•o ~. • u o • N Q ~, h (~' . ~' co ~ . h . . J ~~Oh. J h O• . _ ho/ .. ;~ .. • to ~ ~ • ~ 00.Oi~ J • ~ 1 S dM 0l ~ ~ ~ ~~~• ~'°' ~,~p.*. .~ ~ : ~ y Q. P • r . Q•• II ~~~ O. s~ ~.. r~j~~h:•.. ~ 1 e s: •. • ~~~~ s • • • .. • . ~o cs o~ • ~ ~d rn ~ ~ • . dl -'~ ' tQ ~ C ~ ~ w Q 4! T1 . (u N O q iJ • y t/~ W ~+ ~' Av 0 1A ~ ..' . • ~ •. . ~ ~. • ,•: N •. • ~ a • .. i x . . ~ N w • • r•i (~ ~ • • ~ 1'' • b ~ ' . .~ a 4~ v1 r•1 • tJ Cl H ~d ~ , ` ~ . ~ i ` a ' ~\ . CITY OF KENAI {7 ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ uFane~uah 1III~~ 1992 May 14, 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 May 27, 1998: PZ98-24-An application for a Variance Permit for an off premise sign for the property described as Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Road), Kenai, Alaska. Application submitted by Rita Smagge, Kenaitze Indian Tribe I.R.A., P.O. Box 988, Kenai, AK 99611. 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 99611-7794 prior to May 27th. 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: May 11, 1998 Prepared By: JL/mk Res: PZ98-24 GENERAL INFORMATION Applicant: Rita Smagge Kenaitze Indian Tribe I.R.A. P.O. Box 988 Kenai, AK 99611 Requested Action: Variance -Off Premises Sign Legal Description: Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Rd.) Existing Zoning: RR-Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. 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 zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. 5. 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. i KMC 14.20.220 (b)(13) states, "No off-premises commercial advertising signs, including billboards ,are allowed in any zone." KMC 14.20.220 (10) states, "Relief from any of the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180." Applicant is requesting a variance for an off-premise sign to advertise the Kenaitze Indian Tribe's greenhouse. The greenhouse is located on Ames Road which is not a main arterial road. Sign would be placed each year from May through September. Applicant has obtained written permission from the property owner of Lot 2, Juliussen Subdivision, Amended, which is the proposed location for the sign. City Engineer: None. Building Official: A sign permit will be required. RECOMMENDATIONS The Commission should determine if the requested variance fits the criteria as described in the Kenai Municipal Code. Due to the location of the applicant's business, it appears that an off-premise sign is the only option available to direct the public to the greenhouse. ATTACHMENTS: 1. Resolution No. PZ98-24 2. Application 3. Permission to place sign. CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-24 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 :Rita Smagge, Kenaitze Indian Tribe I.R.A. Located: Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Road) 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 Mav 6, 1998 2) That this request is located on land zoned RR-Rural Residential 31 That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.220(b)1131-No off-premise signs 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 May 27, 1998 . 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, May 27 , 1998. ~} .. ~/ CHAIRPERSON 1 i i (~ ATTEST: Planning Secretary c~ ~~~ CITY OF KENAI BICE~'TENNI~-L Yi~a9e rxD~a~ist-"~i~wQ1~"a ~~e ~ DATE : ~'~~C ~~ 210 Fidalgo Avenue Kenai, Alaska 99611 TELII'HONE 283 53 FAX 907-283- 14 L~~ '7 ~~/~ ~~ APPLICATION FOR VARIANCE PERMIT r ~ O PHONE : ~~z~-~,~3 -: ~l. ~' ADDRESS: ~, ~ // /) , - ~I LEGAL DESCRIPTION OF PROPERTY INVOLVED : ~u - ~, / ~, z~~ z1 ~!L /G~71~'a~~ ZONING DISTRICT (Circle one): C ~± RR-1RR~-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. ti > 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. Applicant's Signature: Attest: ~ I i (~~,~ ,~ Kebschull, Secretary _~„ Approved: C:\NPDOCS\fORMS\VARIANCE.PG2 ADDITIONAL CONIl~IENTS : ,;i?,~,?~rc~,,~~__, jk~/( ~J~~. ~~~,~,j-j ,¢~c~J ~.~~; I, Olga Juliussen, gives permission to the Kenaitze Indian Tribe, IRA, to place an off premise sign advertising their greenhouse on my property located on Beaver Loop Road, Kenai, Alaska. Legal Propert Description: ~7`p ~ R I~ (~,Sl~/ ,~'~-l ~'5~~t1~~ /L. r Olg liu n, Owner s~~i 9 ~ DATE ~~u 0~ ~ O ~(U o ~~ ~ Q+'~ ~ ~ fU o ~0 If) ~ O 0 •--~ ~ tU / o J .--1(U 0~ U~ '~ ~ O 0 c~ N ~ r, ~~ ~~ ~ ~ 0 o (U (U ~ ~~ tU 0 ~ ~ ~0 (lJ ~1' o 0~ O o ~ In ~ .--1 M (U ~ ~ O o M cu m v o (U ~p o ~ ~ ~ C~LI d'' a, 0 (U (LJ ~~,.pp., o o r, ~R.t ~ d' p~ d' o ° ~ ° o ~0 ~ o ~ ~0 ~~op CLl o ° ~ o Q ~ ~ v <3S 3/~ H166 A CSE-96 N~ S32 o N 0 (h 0 0 ~ 0 ~ ~ 0 ~ ~ 0~ p~ ° O o ~"~ J L~ ~- S /Jl V O tU 0 O~ r- t3 V ~" T U 0 ~-'' CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~-~ IIII~~ 1992 May 14, 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 May 27, 1998: PZ98-25-An application for a Variance Permit for front yard setbacks for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. 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 May 27th. 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: May 11, 1998 Prepared By: JL/mk Res: PZ98-25 GENERAL INFORMATION Applicant: Rita W. Botelho P.O. Box 615 Kenai, AK 9961 1 101 Highbush Lane Kenai, AK 9961 1 Requested Action: Variance Permit -Front Yard Setback Legal Description: Government Lot 176 Existing Zoning: RR-Rural Residential Current Land Use: Vacant -Residential Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. 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 zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. ~ 5. 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. Applicant is requesting a variance from the front setback requirements. The setbacks for this zone as noted in the Development Requirements Table are: Front 25 feet, Side 15 feet, and Rear 20 feet. The applicant has provided a detailed site plan which shows the development restraints on the property as well as the proposed building site. It appears from the site plan that a 10-foot variance would be required for the front setback. City Engineer: This variance would allow reasonable use of the lot without filling wetlands. Garages are allowed by code to encroach to within 10 feet of the front property line. This would have the same impact. Building Official: The amount of usable building sites on this lot is very limited and would be cost prohibitive for any other location. RECOMMENDATIONS The Commission should review the requirements for variances as specified in the Kenai Municipal Code. It appears that the development constraints on this lot would qualify the applicant's variance request as allowed under KMC 14.20.180, specifically Item 1. ATTACHMENTS: 1. Resolution No. PZ98-25 2. Application 3. Site Plan CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-25 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 :Rita W. Botelho, P.O. Box 615, Kenai, AK 99611 Located: 101 Highbush -Government Lot 176 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 May 6, 1998 2) That this request is located on land zoned RR-Rural Residential 3) That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table--Front 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. 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 May 27, 1998. 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, May 27 , 1998. 1 i ~~~~~~~~ ~ ti~~.~~~~~ CHAIRPERSON"" '' QTT~ST: Planning Secretary i~''~~~ CITY OF KENAI BICE\TE\ VIAL yi~e axt~a~ tG'~y m~a ~lc~e! DATE : .S .~ °J ~ 210 Fidalgo Avi Kenai, Alaska 9 ~rxorrE 2s FAX 907-283- 1 ~k, APPLICATION FOR VARIANCE PERMIT Lax NAME : J~r i ~t W ~ O ~ e I J~ c7 PHONE : :~~5 ~3 ~ if GI ~ °/ MAILING ADDRESS: ~ C X ~ J ~~ /~J2'yl~ ~ ~ . ~1 g6 ~ ~ LEGAL DESCRIPTION OF PROPERTY INVOLVED : L fl ~" 17 6 5 e~ . 3 Y , ~'~ N', R ~ ~ M1, ZONING DISTRICT (Circle one): C 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 NIIMBER 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 $10 5.00 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. ;RG'j' 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. ,T~C ~~~ Mir ~~ O\ O~ 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. J~~' 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 : ~ .Qi,.ru.o , ,c,~~cr..~,. ~ ,~, ~~ ~ n Applicant's Signature: ~~ (,~ ~c~~ Approved: /~Z ~ ,, , CHAI PERSON Att st: } Ma i yn Kebschull, Secretary C:\WPDOCS\FORMS\VARIANCE.PG2 ~ ~ & ~ ~~ ~~ 0 ~~ ~~~_ ~ z o ~ ~~ ~~~~ ~ ~ ~ N~ ~ z '~ ~¢ Z ~ ~ ~ ~ ~_ ,W~9 0 uotstntpgng sxaed ~ ~ ~ a° a ,~ HsnsH~iH ~.. ~.. ~..~ (,6~6Z6M51-I -05.)x.. ~.. ~ ~ .. ~ ~.. • p 3d1~ M/?J 3TJf11f1~ ~ I 3NI~ 1N~Sb3 "1d 4k 15732! 3'JNdRk'~ WJd4J.~5 '~ I 340 2}3d WJb~13S ~~ 5t -II ~, i ~ ~~N i '~ I # aL ~ a ~ a C/~ i a a a i \ ~ a ~ ,~ I a ~ i ~ a~ a a a I U] .111 •~ a ~ a a ~ a ~ ~ ~ T•~ i i ~ ~ z ~iZ y I3 ~ " ~ U + + F+ Wr ~ N:O b I~ ~ ~ a a ~ ~, ~~ 'N ~ ~ i ~ O ~ a i ~ ~ Q ~ I a ~ ~ a ~ i i a ~ I J +~ a a a ~ N a ~ O ~ '~ I ' U ~ , r ~ , I ~ a ~ ~ a ~ ~ w r ~ ~ i I i a a ~ a a • ~ ~ ~ ~ ~ I 'J.~ 05 .-..-..-..- .....J Z Q ^J L.L. W I--- ~~ Memorandum Date: 5/19/98 ~~ To: Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant RE: Sale of Blocks 1 & 2, Five Irons Heights Subdivision Attached is a memo and draft ordinance from Kim Howard regarding the above- referenced subdivision. The draft ordinance provides the history of this land as well as information on the proposed sale. Kenai Municipal Code requires that before city property can be sold, it must be declared as not needed for public use. The Planning and Zoning Commission is being asked to declare this. property as not beins needed for public use. CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ Memorandum ~`c~' tae, ~r ~Qy `~~ Date: May 20, 1998 To: Kenai Planning and Zoning Commission ` / From: Kim Howard, Administrative Assistant RE: Sale of Blocks 1 & 2, Five Irons Heights Subdivision Attached is a draft ordinance finding the above referenced property not needed for a public purpose and available for sale. Please refer to the attached map to locate the property. As a brief history, the Kenai Municipal Golf Course was partially constructed on LWCF 6(fl(3) restricted lands. Included in the restricted portion are approximately five acres that are not utilized for outdoor recreation. The City has requested the release of LWCF restrictions from Blocks 1 and 2, and that the restrictions be placed on the adjacent city-owned golf course and substitute property that the State of Alaska will provide within one year. The conversion process requires advertising and a public hearing. The results of the hearing are to be provided to Division of Parks and Outdoor Recreation immediately if there is a consensus of public opinion against the conversion. The City Administration believes the best use of the property is residential lots. After the conversion, the lots within Blocks 1 and 2 will be sold, and proceeds will be dedicated toward a multipurpose recreation facility. This ordinance is scheduled for introduction at the June 3rd Council meeting with the public hearing to be held on June 17~. Please review the ordinance and make a recommendation to the City Council. Attachments ~Il~lualy '~II~- 1992 /kh Suggested by: Administration CITY OF KENAI ORDI ~- NANCE NO. -98 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY-OWNED LAND DESCRIBED AS LOTS 1 - 6, BLOCK 1 AND LOTS 1 - 7, BLOCK 2, FIVE IRONS HEIGHTS SUBDIVISION, IS NOT REQUIRED FOR A PUBLIC PURPOSE AND CAN BE SOLD, AND THAT LAND AND WATER CONSERVATION RESTRICTIONS BE CONVERTED TO SUBSTITUTE LAND. WHEREAS, the City of Kenai has title to the property identified as Lots 1 - 6, Block 1 and Lots 1 - 7, Block 2, Five Irons Heights Subdivision; and WHEREAS, in 1965 the Land and Water Conservation Fund (LWCF) grant program was established by the Department of the Interior to provide for the acquisition of land and development of outdoor recreation areas; and WHEREAS, in 1980, an Amendment to Project Agreement was approved by the Department of the Interior and the State of Alaska replacing 7.9± acres of Kenai Municipal Park under Section 6(fl(3) of the LWCF Act restrictions with 43± acres of land which is primarily located within the Kenai Golf Course and includes Lots 1 - 6, Block 1, and Lots 1 - 7, Block 2, Five Irons Heights Subdivision; and WHEREAS, Lots 1 - 6, Block 1, and Lots 1 - 7, Block 2, Five Irons Heights Subdivision do not currently have an outdoor recreational use and the highest and best use of the property is for residential lots; and WHEREAS, the City of Kenai desires to sell Lots 1 - 6, Block 1 and Lots 1 - 7, Block 2, Five Irons Heights Subdivision as residential lots and dedicate the proceeds from the sale towards the construction of a multipurpose recreation facility in Kenai; and WHEREAS, the law provides for a conversion of use with the approval of Alaska Division of Parks and Outdoor Recreation and the National Park Service; and WHEREAS, the City has initiated the conversion process and asked for the release of LWCF restrictions from Lots 1 - 6, Block 1 and Lots 1 - 7, Block 2, Five Irons Heights Subdivision and that the restrictions be placed on the adjacent city- owned golf course and substitute property that the State of Alaska will provide within one year; and Page 1 of 2 WHEREAS, the conversion process requires advertising and a public hearing and ~ the results of the hearing provided to Division of Parks and Outdoor Recreation immediately if there is a consensus of public opinion against the conversion; and WHEREAS, KMC 22.05.010 and 22.05.030 require that disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are not required for a public purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that certain City-Owned land described as Lots 1 - 6, Block 1 and Lots 1 - 7, Block 2, Five Irons Heights Subdivision, is not required for a public purpose and can be sold, and that Land and Water Conservation restrictions be converted to substitute land. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17~ day of June, 1998. JOHN J. WILLIAMS, OR ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (5/20/98)kh June 3, 1998 June 17, 1998 July 17, 1998 Page 2 of 2 paplnipgnsu~ a~ N C Sy~ ~~ O J ~~ ~ C ~ ~ •~ ~ C ~ ~ ~ a~ c o ~ C7 Chi A t O Y . V M Y r~" ~mn °a vt~ E~m wv~ O ._ ~o ~ ® i ~.KKF Y ®®^ v v .~ 'O 7 of G n ~9 ..°r ~~ J ~ w9 I ~vl i T~~ t~ ~7 ~J = a~ N Z~_ OJ d N ~; ~9 a ~~ r~ ~^ c°s " s u .` m 0 c I I ~~` 1 i I Y I I __ _____ I (-~ (~TT-f-f-l-T~ - y I I--Iffi~111JJ I 1 ~i ~I ~~od pooMdaao .~C U 0 m d N O N i O ^~ V ~~ U .` N v r~ 1..~ C~ .~ U N L C ~ O °~ Ya u w° ~ ~ i! j «~ ry~ .V (/) ' cs Q '~ .~ C~ memorandum Date: 5/20/98 To: Planning & Zoning Commission From: Marilyn Kebschull, Administrative Assistant`) RE: DEVELOPMENT REQUIREMENTS TABLE -DRAFT The draft table is presented as a discussion item as requested at the last Planning and Zoning Commission meeting. Mr. Springer, the Building Official, will be present at the meeting to answer any questions regarding changes to the table or his memo regarding setbacks. memorandum Date: 5/6/98 To: Planning & Zoning Commission From: Robert C. Springer, Building Official RE: SETBACKS After reviewing another government agency's development code, a section was discovered that allowed setbacks to be reduced by 10% (ten percent) administratively. Adopting this procedure would: 1. Reduce the amount of time it takes to get building permits or final inspections approved. 2. Reduce the variances and encroachments that are reviewed by the Commission for small discrepancies aslow asone-tenth of one foot. 3. Reduce the cost to the public. The Commission has approved many of these small discrepancies over the years. Any discrepancies over 10% (ten percent) would still be approved by the Commission. I would appreciate your consideration of this suggestion. N O ea n c F F 0 O ec F i a N N N N N ~~~ , y'k^ ~~ a~ ~ b $ a~ U- '~ U ~ bJ. ~ ~ ,~ °, ~ $~ o ~ ' a v~ ~ c "-' ~ : ~~` i ?r!~ ' Y.,. ~_w ~ ~ ~. N ~ N ~ N ~ N n N ~ ~ ~ z z z z .A ExJ': ~, ~ p '^. z z z z N .~ ;{ ;;,,. ~; ~ 8 ~ $ 8 8 w ~ F. ~ ~ > t~ O~ N-~ ~ a i ~ ~ V O ~ N R?~, .. ~f; ` ~`. +~~, ~~ ~ 8 ~~ N z z z :'i N 77:~ ~.. t ,~; ;. ~ w ~ f _ ~ O 7 00 F" g N~~ ~_ '. N N N N O N N N . r't s,, ~ ~,{. Y r ""flfl"tt ., , ~~' ~., ~~~ ~ i. ~ ~ .~ ~ 04 . A °q °A on 3 , ~, ~~ r ~ ,~ y~ ~ 3 A ~ A ~ 3 ~ w A id wv ~ ~ r ~, ~ d _ ~~ ~ f t;} h .~ 3 y a a 3 Q H ,~ 3 q .~ w A Q 0 .~ N 0 U b .~ b W a pA N O .~ O ~~ g .~ '~ ~~ ~ g g ~~ c~ y N H a c7 z ~--~ N ~~ O Y ire 0 N~ r 0 N RPF o °' O U Q F F OC c.ca Oi F Z ~u D ` ~' M ~ . ' . ~ ,. 'fl 4" +~'J N ~ ~ Y~ > ~ w µy` Ste.` ~ ~ w .~ O ~ .~ :fit ;*+,~ ,; 7a~ ~ N O ~O ~ ~ S° ~~ .. ;.; tV .. cV OM tv~ ~ , pp ~O N ~ ~ .~+ N O M ~c=. M ~p N V7 ~ ,~., O N ~ O V'1 M %'', 'r . i:: J ~ pp O~ N ~ ~ ~ O M >" GGG~~L c . -i . i N i0 G> ~. ~., ~2 pp , ~: _ -: ~,~ ~ . ~, ~1- .y R~ T. N f ? ~ e'~ ~ r N t,, ~ ~{'; ~ ~ r ~' a ; _ M~; ~ - `" - ~ z ~.,, ,~, , r "' ^ ~; ., r ~ ~. 1. : . ~._ ., , s ~ , r ~, ~ ~ '; i r 5: ~ ~ ~ 34 r. ~ ~ ~a O ~~ ~. 0 -; ~.' x , ~ - i ~ ~,(yc- ~~ '~ a& N 'fl 'O 'O .~ O tr W N 0 d O 7 L w .~ .fl .~ u ~~ d 0 ~~ d u n cn ~.~ ~~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 1~I~'~ iv~a May 7, 1998 John Mellish Johrob Partnership 412 Frontage Road Kenai, AK 99611 CERTIFIED NO.: Z 466 063 002 Dear Mr. Mellish: RE: LOT 2, BA, SPUR ROAD #6 -RPM'S It has come to the attention of the City of Kenai that you, as the owner of record of the above-referenced property, may be in violation of KMC 14.20.250 (4) [BJ "Parking areas shall not be used for sales display, storage, repair work, or any purpose other than parking." I have attached a copy of this section of the Kenai Municipal Code for your review. Specifically, we are referring to the semi-trailer located on your lot. If you feel you are not in violation of the code, or have made plans to relocate this trailer, please advise us. If I can provide any further information, contact me at 283-7933. Sincerely, , i i Marilyn Kebschull Administrative Assistant Attachment ~~~ CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 '~II~' ,992 May 11, 1998 Louis B. & Therese Schilling P.O. Box 7155 Nikiski, AK 99635 RE: PARCEL #047050102-LOT 3A1, SPUR ROAD SUB N0.7 UPTOWN MOTEL Dear Property Owner: It has come to the attention of the City of Kenai that you, as the owner of record of the above- referenced property, may be in violation of KMC 14.20.250 (4) [B] "Parking areas shall not be used for sales display, storage, repair work, or any purpose other than parking." I have attached a copy of this section of the Kenai Municipal Code for your review. Specifically, we are referring to the shipping container located on your lot. If you feel you are not in violation of the code, or have made plans to relocate this container, please advise us. If I can provide any further information, contact me at 283-7933. Sinc ly, 1 ~~ ~,a2c- ~~~ Marilyn Kebschull Administrative Assistant Attachment 11 c{ AGENDA AMENDED KENAI CITY COUNCIL -REGULAR MEETING MAY 20, 1998 ?:00 P.M. KENAI CITY COUNCII. CHAMBERS http: / /www.Keaai.net/city BOARD OF ADJUSTMENT HEARING -Appeal of Jerry Stock 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) 1. Chuck McGee - U.S. Census Bureau/2000 Census. 2. James Carter -Kenai Airport. C. PUBLIC HEARINGS 1. Ordinance No. 1780-98 -Increasing Estimated Revenues and Appropriations by $1,156 in the Senior Employment Title V Fund. ~~~. Ordinance No. 1?81-98 -Replacing the Tables Referred to in the Personnel Regulations (Title 23) to Establish a New Salary Structure by Grade and New Hourly Rates for Part-Time Employees. 3. Ordinance No. 1?82-98 -Appropriating $600,000 of Grant Funds for `98 Water System Improvements. a, Approval -Entering into engineering contract with Nelson & Associates for $143,073 ($89,951 for design and $53,122 for inspection) on the ~ project Modifications to WH Nos. 1 and 2 and Pumphouse, as per their proposal of May 14, 1998. Approval -Entering into engineering contract with Industrial Instrument Services, Inc. for $43,485 on the project Modifications to WH Nos. 1 and 2 and Pumphouse, as per their proposal of May 12, 1998. Resolution No. 98-28 -Transferring $7,000 from Contingency in the Water and Sewer Fund for the Purchase of Lift Station Pumps. D ~- ~„ 5. Resolution No. 98-29 -Transferring Funds in the Airport Land System Special Revenue Fund to Perform an Environmental Assessment of the Kenai Maintenance Shop Site ($36,035). ,6 i~~~ Resolution No. 98-30 -Transferring Funds in the Airport Land System Special Revenue Fund to Remove Underground Storage Tanks at the Airport Jet Fuel Facility Site ($52,081). Resolution No. 98-31 terials and abor~OtoOI stall FRB Board inlthe Sewerer and Sewer Fund for Ma Treatment Plant pumphouse. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2, Airport Commission 3. Harbor Commission 4 Library Commission 5. Parks & Recreation Commission 6. planning & Recreation Commission 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. *Notes of Apri129, 1998 Council Budget Work Session. 2. *Regular Meeting of May 6, 1998. 3. *Board of Adjustment Hearing -Appeal of Vicki & Tom Fruichantie. 4. *Board of Adjustment Hearing -Appeal of Restaurants Northwest, Inc. F. CORRESPONDENCE G. OLD BUSINESS Discussion -Blocks 1 and 2, Five Irons Heights Subdivision (Golf Course Lots) . H. NEW BUSINESS ~~. Bills to be Paid, Bills to be Ratified 2. Purchase Orders Exceeding $2,500 ~~~~¢~ 3. *Ordinaace No. 1783-98 -Adopting the Annual Budget for the Fiscal Year Commencing July 1, 1998 and Ending June 30, 1999. 4. *Ordinance No. 1784-98 -Amending KMC 14.20.230 to Require Permits for Home Occupations. Approval -Special Use Permit Alaska Call Connection, Inc. ~, ~q~~. Discussion -Schedule Evaluations of City Manager, City Attorney and City ~~ Clerk. EXECUTIVE SESSION -None Scheduled. I. ADMINISTRATION REPORTS 1. 2. 3. 4. 5. 6. 7. J. D] 1. 2. Mayor City Manager Attorney City Clerk Finance Director Public Works Director Airport Manager ;SCUSSION Citizens (five minutes) Council K. ;, a. KENAI PENINSULA BOROUGH PLAT COMMITTEE BOROUGH ADMINISTRATION BUILDING PLANNING DEPARTMENT SOLDOTNA, ALASKA Tuesday, May 26, 1998 5:30 P.M. Tentative Agenda Members: Philip Bryson Kenai City Term Expires 1888 Wes Coleman Soldotna City Term Expires 1888 Leroy Gannaway Homer city Term Expires 1888 Ann Whitmore-Painter Moose Pass Area Term Expires 2000 ALTERNATES: Wayne Carpenter Seward City Terre Expires 1988 Brent Johnson Kasiloi Area Term Expires 2000 Tom Knock Cooper Landing Term Expires 1898 ~~C ~q . ~!~'F y ~~ O e'~- ~~ A. CALL TO ORDER '~T2i~NT B. ROLL CALL C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences -None 3. Minutes a. May 11, 1998 Minutes D. CONSIDERATION OF PLATS 1. Chumley Tracts No. 2 Sterling Highway, east of Soldotna Postponed Preliminary; Integrity Surveys KPB File 98-045 2. Soldotna Junction S/D Mapco Replat; Soldotna City Postponed Preliminary; Integrity Surveys KPB File 98-076 3. Willow Brook S/D North Addn. North of K Beach Road, east of Bridge Access Postponed Preliminary; Integrity Surveys KPB File 98-086 4. Stubblefield S/D Steinberger Replat Charlie Brown; north of Tote Road Preliminary; Integrity Surveys KPB File 98-093 5. Southern Bluff Acres, Epperson Replat Sutheiiin Road, east of Soldotna Preliminary; Integrity Surveys KPB File 98-096 i ~.p~`~'' .„ G° , :7 >~,• ~.. 4, r~~ -~` 6. Kasilof River Vista Replat; Kasilof River Preliminary; Integrity Surveys KPB File 98-098 7. Lost Lake No. 5, west of Seward Highway, north of Seward -~' Preliminary; Integrity Surveys KPB File 98-073 8. Rivendale Estates No. 5 Cottonwood Lane; north of North Fork Road Preliminary; Roger Imhoff KPB File 98-094 9. Bing's Landing S/D Part Three Sterling Highway, Sterling area Preliminary; McLane Consulting Group KPB File 98-095 10. Homewood S/D D.J. Addition; Robinson Loop Preliminary; Tent' Eastham KPB File 98-097 11. Hall S/D O'Neal Addn. Kimberly Drive, south of Ciechanski Road Preliminary; Wince-Corthell-Bryson KPB File 98-099 E. ADJOURNMENT The next regularly scheduled Plat Committee meeting is June 8, 1998 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. z KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING ASSEMBLY CHAMBERS SOLDOTNA, ALASKA Tuesday, May 26, 1998 7:30 P.M. Tentative Agenda A. John Hammehnan Chairman B• Artawide Tam Expires 1999 C. Philip Bryson vice chairmen Kenai City Tam Expires 1998 Ann Whihnorn-Painter Parliamentarian Moose Pass Area Term Expires 2000 Peggy G. Boscacci PC Member Seldovia City Tern Expires 2000 Wayne Carpenter PC Membaa Seward City Tern Expires 1999 Robert Clutts PC Member Anchor Point Term Expires 1998 Wes Coleman PC Member solaotna c;ty Temr Expires 1999 Leroy Gannaway PC Member Homer City Tern Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Tern Expires 1999 Brent Johnsor- PC Member Kasilof Area Tern Expires 2000 Tom Knock PC Member Cooper Landing Tern Expires 1998 CALL TO ORDER ROLL. CALL APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are cauidered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion ofthese 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 Tf 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 cormnent. 1. Time Extension Requests a. Lake View Terrace No. 3, Phase 2 KPB File 97-057 [Integrity Surveys] Location: Whisper Lake b. Foothills Subdivision 1) Foothills Overall Preliminary 2) Foothills Unit 3 KPB File 97-104 [Ken Branch] Location: City of Homer Z. Plats Granted Administrative Approval 3. Plats Granted Preliminary Approval under 20.04.070 Abbreviated Plat Procedures -None 4. Plat Amendment Requests a. Ptarmigan Lake Plat 75-3 Seward Recording District KPB File 98-101 [McLane Consulting Group] 1 ~,, r e' .,~ ~: _, 5. Coastal Management Program '~ } a. Coastal Management Program Consistency Reviews 1) Anchor Point; Timber Harvest; Detailed Plan of Operations; Yeck and Son Logging, Inc.; KK98-07 2) Kachemak Bay; Peterson Point; Timber Harvest; Detailed Plan of Operations; Citifor Inc.; KK98-08 b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations -None 5. KPBPC Resolutions a. Carmody, Katherine, R. -Plat Waiver KPBPC Resolution 98-21: Granting a platting waiver for certain lands within Section 23, Township 7 North, Range 12 West, Seward Meridian, Alaska; General Location: Cabin Lake; KPB File 98-080 7. Commissioner Excused Absences a. No excused absences requested. 8. Minutes a. May 11, 1998 Plat Committee Minutes b. May 11, 1998 Planning Commission Minutes D. PUBLIC COMMENT AND PRESENTATIONS (Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS 1. Petition to vacate twenty foot utility easement within Tract 1-A, Peninsula Center S/D Gardner Addition. Within Section 32, Township 5 North, Range 10 West, Seward Meridian, Alaska and within the City of Soldotna Carried forward from March 23, 1998 2. Rename an existing street to help implement the Enhanced 9-1-1 Street Naming and Addressing project within the Kenai Peninsula z Borough. The street under consideration at this meeting is in ESN 801: Cooper Landing Area. a. EAST QUARTZ CREEK ROAD only that portion extending west from the Williams Road/East Quartz Creek Road intersection, within ASLS 85-339 East and West Quartz Creek and Dry Creek Units (Plat SW 87-3), Section 36 TSN, located off of Quartz Creek Road, proposed to be renamed CLAYTON WAY. Carried forward from May 11, 1998. Hidden Hills No. 9 -Building Setback Exception KPBPC Resolution 98-22 KPB File 98-097 Carried forward from May 11, 1998 4. Hidden Hills No. 9 -Construction and Maintenance Easement KPBPC Resolution 98-23 KPB File 98-102 Carried forward from May 11, 1998 F. PUBLIC HEARINGS Petition to vacate public right-of--way and utility easement within Gov't Lots 24, 44 & 45, Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska and within the City of Kenai; KPB File 98-090 2. Petition to vacate 66 foot section line easement centered on lines common to Lot 1, McFarland Subdivision Amended and Lot 1, Bolstridge Subdivision; lying between Midway Drive and the Kenai River; being within Sections 17 and 18, Township 5 North, Range 8 West, Seward Meridian, Alaska. In the Sterling area. KPB File 98-088 G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Petition to vacate twenty foot utility easement, Lots 24 & 25, Royal Acres S/D within Sec 23, TSN, R9W, S.M., AK. Located south of Scout Lake Loop Road; KPB File 98-072 2. Petition to vacate twenty foot utility easement, Lots B-1 & B-2, Scotch Run S/D No. 3 within Sec 3, T4N, R11W, S.M., AK. Located on Wendy Lane west of Gas Well Road; KPB File 98-089 H. SPECIAL CONSIDERATIONS 1. Corthell, Alan N., et al; Plat Waiver Request KPBPC Resolution 98-24: Granting a platting waiver for certain lands within Section 6, Township 5 North, Range 10 West, Seward Meridian, Alaska; KPB File 98-092 2. Street Name Approval; Tulin Terrace West Terrace Addn. Only the street names are to be reviewed and considered KPB File 98-056 3. Request for Planning Commission Reconsideration; Public Hearing; Petition to vacate: a) 60 foot wide north/south public right-of--way and utility easement; sometimes referred to as Old Cannery Road; within Govt Lot 2, Section 18 AND b) section line easement within Sections 7 & 18; all within TSN, Rl l W, S.M., AK; partially within City of Kenai; KPB Files 98-071 & 98-075 I. CONSIDERATION OF PLATS 1. Eleven plats are scheduled for review by the Plat Committee. J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS Drift River Terminal Facility; National Pollutant Discharge Elimination System (NPDES) Permit #AK00039-6 Renewal; Cook Inlet Pipeline Company; AK9804-03OG 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. 3. Public Hearing; Reclassification of a 10-acre Parcel of Borough Land in the Cooper Landing Area from Residential to Preservation; Described as Tract A, Sunrise Conceptual Plan; Carried forward from March 23, 1998 Postponed to November 9, 1998 Q. ADJOi:TRNMENT The Plat Committee will meet on TUESDAY, May 26, 1998 at 5:30 p.m. in the Planning Department (top floor) of the Borough Administration Building in Soldotna. FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled meeting of the Plat Committee is June 8, 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 June 8, 1998 at 7:30 p.m. in the Soldotna City Council Chambers at 177 North Birch, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIItED 1. May 5, 1998 Assembly Minutes; Appeal of Planning Commission Denial of Petition to Vacate 10' Utility Easement, Romack Court; Mark Clemens PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS Kachemak Bay Advisory Planning Commission May 21 Anchor Point Advisory Planning Commission June 2 Kachemak Bay Advisory Planning Commission June 4 Funny River Advisory Planning Commission June 8 Kachemak Bay Advisory Planning Commission June 18 CITY F KENA l ~~-~ 0 I_ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ w~~alnalr '~II~1 1992 Michael Christian 613 Maple Drive Kenai, AK 99611 RE: PLANNING 8v ZONING COMMISSION City of Kenai At their regular meeting of May 6, 1998, the Kenai City Council accepted your resignation from the Planning 8v Zoning Commission, effective May 14, 1998. Upon your departure from the Planning & Zoning Commission, the Kenai City Council and City Administration thanks you. The time and effort which you contributed to the City during your term on the Commission is an example of a dedicated citizen working for a better tomorrow for the City of Kenai. Thank you again for your interest and support. Sincerely, CITY OF KENAI John J. ' liams Mayor JJW / clf May 7, 1998 ~~ ~~-~ May 22, 1998 Art Graveley 1612 Fathom Drive Kenai, AK 99611 CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ rF~.aear illlll 1992 RE: APPOINTMENT -PLANNING 8s ZONING COMMISSION City of Kenai At their regular meeting of May 20, 1998, the Kenai City Council confirmed your appointment to the City of Kenai Planning 8v Zoning Commission. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 3. KMC Chapter 14.05 entitled, "Planning 8v Zoning Commission." 4. KMC Title 14 entitled, "Planning & Zoning." The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p.m. at City Hall. Meeting agendas and packets will be mailed to you prior to each meeting. Also enclosed is a 1998 Conflict of Interest Statement which you are required to complete and return to this office within 30 days of taking the oath of office. If you have any questions, please contact this office. Thank you for your interest in serving the City of Kenai. CITY OF KENAI Sheryl A. adilla Acting City Clerk /sp Enclosures cc: P8sZ Commission City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794 1 To: Peninsula Clarion (Attn: Terri) From: Marilyn Kebschull Fax: 907-283-3299 Pages: (One) Phase: 907-283-7551 Date: May 13, 1998 Re: PUBLIC HEARING NOTICE CC: File ^ Urgent ^ For Review ^ Please Comment X Please Reply ^ Please Recycle Terri: I would like to run the following announcement on May 20 & 22, 1998. Bill this under the open purchase order. Thanks. May 13, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION 210 FIDALGO STREET, SUITE 200 KENAI, ALASKA 99611-7794 http: //www. Kenai.net/city PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission Meeting of May 27, 1998. PZ98-20-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska. Application submitted by Bill Bradley Zubeck, Zubeck, Inc., 7983 Kenai Spur Highway, Kenai, Alaska. PZ98-21-An application for a variance for an oversize sign with lighting for the property described as Lot 4, Parks Subdivision (102 Highbush Lane1, Kenai, Alaska. Application submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai, Alaska. PZ98-23-An application for an Encroachment permit for the rear yard setbacks for the property described as Lot 6, Block 4, Thompson Park Addition #1 (3805 Primrose Place, Kenai, Alaska. Application submitted by Elliott N. Reid, P.O. Box 2541, Kenai, Alaska. PZ98-24-An application for a Variance Permit for an off premise sign for the property described as Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Road), Kenai, Alaska. Application submitted by Rita Smagge, Kenaitze Indian Tribe I.R.A., P.O. Box 988, Kenai, Alaska. PZ98-25-An application for a Variance Permit for front yard setbacks for the property described as Government Lot 176 (101 Highbush Lane, Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska. The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to present testimony concerning this application should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to May 27th. For more information contact Jack La Shot or Marilyn Kebschull at 283-7933. Publish: May 20 & 22, 1998 • Page 2 f `~ 210 FIDALGO, SUITE 200, KENAI, AK 99669-7794 (907) 283-7933 City of Kenai ~r'-~ To: Terry Brown From: Marilyn Kebschull Fax: 283-3299 Pages: 2 Phone: 283-7551 Date: May 22, 1998 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle • Comments: Please publish the following advertisement on Tuesday, May 26, 1998. This will be charged against the open Purchase Order you have. Thanks. 1 May 22, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION **AGENDA** KENAI CITY COUNCIL CHAMBERS May 27,1998 at 7 p.m. http://www.Kenai.net/city 1. CONSIDERATION OF PLATS: 2. PUBLIC HEARINGS: a. PZ98-24-An application for an Encroachment Permit for side yard setbacks for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, Alaska. Application submitted by Bill Bradley Zubeck, 7983 Kenai Spur Highway, Kenai, AK 99611. b. PZ98-21 An application for a variance for an oversize sign with lighting for the property described as Lot 4, Block 1, Parks Subdivision (102 Highbush Lane), Kenai, AK 99611. c. PZ98-23-An application for an Encroachment Permit for the rear yard setbacks for the property described as Lot 6, Block 4, Thompson Park Addition #1 (3805 Primrose Place), Kenai, Alaska. Application submitted by Elliott N. Reid, P.O. Box 2541, Kenai, AK 99611. d. PZ98-24-An application for a Variance Permit for an off premise sign for the property described as Lot 2, Julissen Subdivision, Amended (4097 Beaver Loop Road), Kenai, Alaska. Application submitted by Rita Smagge, Kenaitze Indian Tribe I.R.A., P.O. Box 988, Kenai, AK 99611. e. PZ98-25-An application for a Variance Permit for front yard setbacks for the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 61, Kenai, AK 99611. 3. NEW BUSINESS: a. Sale of Blocks 1 and 2, Five Iron Heights Subdivision. 4. OLD BUSINESS: a. Development Requirements Table--Discussion The public is invited to attend and participate. For further information ca11283-7933. Marilyn Kebschull Administrative Assistant Publish: May 26, 1998 • Page 2 CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 MEMORANDUM TO: FROM: DATE: RE: Marilyn Kebschull, Administrative Assistant Sheryl Padilla, Acting City Clerk City of Kenai May 27, 1998 Oath of Office for Planning 8a Zoning Commissioner According to Section 4-5 of the Kenai City Charter, you are hereby authorized to administer the oath of office to Art Graveley at tonight's meeting of the Planning 8v Zoning Commission. ~-~ '~II~- 1992 /sp