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HomeMy WebLinkAbout1998-06-10 p&z packet~~ ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION AGENDA KENAI CITY COUNCIL CHAMBERS June 10,1998 - 7:00 p.m. http://www.Kenai.net/city 1. ROLL CALL: 2. APPROVAL OF AGENDA: 3. APPROVAL OF MINUTES: May 27, 1998 4. PERSONS PRESENT SCHEDULED TO BE HEARD: 5. CONSIDERATION OF PLATS: 6. PUBLIC HEARINGS: a. PZ98-21-An application for a variance for an over size 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, Alaska. Item postponed from May 27, 1998 meeting. b. PZ98-26-An application for a Variance Permit for Principle Structures for the property known as Lot 1, Block 10, Valhalla Heights Subdivision, Kenai, Alaska (310 Phillips Way). Application submitted by Katherine Godek, 310 Phillips Way, Kenai, Alaska. c. PZ98-27-An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 6, Block 5, Inlet View Subdivision (312 Rogers Road), Kenai, Alaska. Application submitted by George O'Guinn, HAPCO Construction, P.O. Box 1501, Soldotna, Alaska. d. PZ98-28-An application to amend Conditional Use Permit PZ95-30 to include a crushing plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend Subdivision (approximately 2113 Beaver Look Road). The original permit (PZ95-30) was issued for Extraction of Natural Resources. Application submitted by foster Construction, P.O. Box 303, Soldotna, Alaska. e. PZ98-29-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, amending the Kenai Municipal Code at 14.20 Kenai Zoning Code, Development Requirements Table. 7. NEW BUSINESS: a. Vacation -Right of Way & Utility Easements, Government Lots 24, 44, & 45 8. OLD BUSINESS: 9. CODE ENFORCEMENT ITEMS: a. Lot 35, Block 2, Bush Lanes Subdivision (1237 Lilac Lane) b. Lot 4, Block 2, Kaknu Corners Planning & Zoning Commission Agenda 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Memo from City Clerk Freas Regarding Excused Absences b. Information regarding the Historic District Board c. Appeal Decisions (Fruichantie/Stock/Burger King) d. Corps of Engineers Public Notice e. City of Kenai 1997 Annual CLG Report f. KPB File 98-092 Plat Waiver Information g. KPB Notice of Public Hearing -KPB File 98-071 h. Planning Commission Roster 13. COMMISSION COMMENTS & QUESTIONS: June 10, 1998 Page 2 14. ADJOURNMENT: ~~ CITY OF KENAI PLANNING AND ZONING COMMISSION May 27, 1998 - 7:00 p.m. Chairman: Carl Glick *** MINUTES *** 1. CALL TO ORDER AND ROLL CALL: Ron Goecke called the meeting to order at 7:00 p.m. Members Present: Carl Glick, Phil Bryson, Ron Goecke, Barb Nord, Karen Mahurin, Art Graveley, Teresa Werner-Quade (arrived at 7:35 p.m.) Others Present: Councilman Hal Smalley, Administrative Assistant Marilyn Kebschull, Contract Secretary Barb Roper 2. SWEARING IN OF NEW COMMISSIONER: Art Graveley Commissioner Art Graveley was sworn in by Kebschull. Chairman Glick welcomed Graveley back to the Planning and Zoning Commission. 3. APPROVAL OF AGENDA: GOECKE MOVED TO APPROVE THE AGENDA AND ASKED FOR UNANIMOUS CONSENT. MOTION SECONDED BY BRYSON. AGENDA WAS APPROVED AS PRESENTED. 4. APPROVAL OF MINUTES: -May 13, 1998 GOECKE MOVED TO APPROVE THE MINUTES OF MAY 13, 1998 AND ASKED FOR UNANIMOUS CONSENT. SECONDED BY MAHURIN. MINUTES OF MAY 13, 1998 WERE APPROVED BY UNANIMOUS CONSENT. 5. PERSONS SCHEDULED TO BE HEARD: None 6. CONSIDERATION OF PLATS: -None Planning & Zoning Commission May 27, 1998 Page 1 ?. 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, ?983 Kenai Spur Highway, Kenai, AK 99611. MAHURIN MOVED TO APPROVE PZ98-20. MOTION SECONDED BY NORD. There were no public comments. Bryson reported he reviewed the as-built submitted with the application and noted the garage was interpreted as not needing to meet the 25' front setback which is acceptable. Bryson also noted it appeared the intent was to create the fifteen foot side setback and it didn't end up that way due to field construction so it would be appropriate to approve the application. VOTE BRYSON Yes WERNER-QUADE Absent GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes GLICK Yes Motion passed unanimously. b. PZ98-21 - Aa 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. NORD MOVED TO APPROVE PZ98-21. MOTION SECONDED BY GOECKE. Brad Zubeck indicated that he was in attendance to answer any questions the Commission may have. There were no other public comments. Goecke reported he did not have a problem with the sign but he does have a problem with it being lighted. Goecke felt if a lighted sign was approved then future requests would have to be approved in other subdivisions. Goecke suggested the applicant consider a yard light for his sign. Planning & Zoning Commission May 27, 1998 Page 2 Mahurin reiterated that she is on record as being opposed to any ~, variances to the City's sign ordinance and pointed out this variance is for a home occupation which is already a special use. Mahurin indicated she is opposed to allowing the variance. Bryson requested a segregation of the two issues making two motions; one specifically for the lighting of the sign and the second for the size of the sign. BRYSON MOVED TO AMEND THE ORIGINAL MOTION TO SEGREGATE THE ISSUE INTO TWO AREAS, LIGHTING AND SIZE OF THE SIGN. GOECKE SECONDED THE MOTION. VOTE WERNER-QUADE Absent GOECKE yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Motion passed unanimously. Glick requested the size of the sign be discussed first. Mahurin pointed out the variance request of 28 square feet is significant and discussions just took place on home occupations which included the innocuous use of a part of a home for a home business that doesn't draw a lot of attention to it. The requested size of the sign would certainly draw attention. Mahurin stated she could not support the request. Nord stated she was not opposed to the size of the sign being 32 feet considering the location and thought it would not be very visible to many people in that particular area. Nord wondered why the two issues could not be discussed at the same time and indicated that she wanted to go on record a saying she is not opposed to allowing the variance. VOTE (Sign Size Only) NORD Yes MAHURIN No GRAVELEY No BRYSON Yes WERNER-QUADE Absent GOECKE yes GLICK No 3 Yes votes, 3 No votes, Motion failed. Glick requested the lighting of the sign be discussed as the applicant may want to consider a smaller sign. Planning 8v Zoning Commission May 27, 1998 Page 3 Brad Zubeck, P.O. Box 1156, Girdwood, Alaska 99587 stated the request for the sign is for 32 square feet but he does not intend to use all the square footage. This only allows him some room to work with and he doesn't want a 4 x 8 sheet of plywood blocking the view to his house. Zubeck thought coming back to the Commission with an actual sign proposal would be better. Glick asked if the lighting issue should be dropped until the proposal was provided. Zubeck indicated he would leave the decision to the Commission and pointed out the lighted sign would not be necessary in the summertime but in the winter it would be nice to have a couple small lights. Zubeck continued, he could see the Commission's point if they wished to reject the request for lighting the sign since there is no actual design, it could be HEA yard lights or an innocuous spot light. Zubeck reiterated it is not his intent to use the entire 32 square feet for his sign, he just wants the ability to go that large if it would look good as he would not do anything to detract from the property or the area. Zubeck thought the current code allows for a four foot sign and he thinks that is pretty small in order to read it or place a plexi-glass brochure box on it. Glick asked if Zubeck intends to come back with a specific sign design for the Commission to review. Zubeck stated he would. Mahurin pointed out that Zubeck gave his home address as Girdwood and asked about the home occupation in Kenai. Zubeck reported he will be living in Kenai and will be residing at the residence. Mahurin asked if Zubeck would have a local mailing address. Zubeck answered that he would. Bryson asked if one of the persons who voted on the prevailing side would be willing to make a motion for reconsideration. Glick stated he voted so would make notice of reconsideration at the next meeting so if Zubeck wanted to bring back something specific he could do so at that time. Zubeck indicated his design would also specify the type of lighting he would like to use. Goecke stated he would not vote in favor of a lighted sign as he does not feel a residential area is conducive to lighted signs regardless of the size. Glick asked other Commissioner's what their feelings were for a lighted sign. Mahurin stated she would vote no. Bryson stated given the opinion of the sign size he would tend to believe that if it was voted on now it would probably fail. Nord stated she would vote no. Graveley stated he would vote no. Planning & Zoning Commission May 27, 1998 Page 4 } BRYSON MOVED TO POSTPONE THE DECISION OF THE SIGN UNTIL THE NEXT SCHEDULED MEETING. GRAVELEY SECONDED. MAHURIN No GRAVELEY Yes BRYSON Yes WERNER-QUADE Absent GOECKE Yes NORD Yes GLICK Yes Motion passed. c. PZ98-23 - An application for an Encroachment Permit for the rear yard setbacks for the property described at Lot 6, Block 4, Thompsoa Park Addition #1 (3805 Primrose Place), Kenai, Alaska. Application submitted by Elliott N. Reid, P.O. Box 2541, Kenai, AK 99611 MAHURIN MOVED TO APPROVE PZ98-23. MOTION SECONDED BY NORD. There were no public comments. Staff had nothing additional but Kebschull pointed out Building Official Springer was present to answer any questions from the Commissioners. Springer noted that he had nothing to add to the application. Glick asked what was behind the lot. Springer answered, he thought there was a fence and a structure which isn't very close. Graveley noted one of the comments on the application was the applicant intends to enlarge the structure at a later date which would require this encroachment permit. Graveley asked which direction the garage was being enlarged. Springer indicated he would be building a structure between it and the house or actually connecting his house so it would be in front. Graveley asked if he would not be going to the west or north. Springer conf`med that he would not. Graveley asked if there were utilities running behind the area. Springer did not think so. Mahurin indicated she did not have a problem with granting the encroachment permit but did not want to give an approval for any sort of further encroachment by another building permit. Mahurin asked what type of stipulations needed to be placed on the permit. Springer replied, in order for the applicant to do any additional work to his structure he needed an encroachment permit. Glick asked if the applicant would not be adding to the part that encroaches, only adding to another part of the building. Springer confirmed that was correct, he would not be increasing the encroachment, he would like to add to the front of the building to utilize more of the front yard. Planning Sa Zoning Commission May 27, 1998 Page 5 Bryson stated as he understands the application is for an encroachment f permit which is specifically for an existing situation. Bryson continued, a variance would be required for any future building into a side setback which is not being applied for. Mahurin thought the applicant was asking for a permit for future encroachment and understands that is not what was being requested. Nord asked if an encroachment permit was issued and the building should burn down after adding on to it would the applicant be allowed to encroach. Springer replied, the attorney would have to clarify that as at this time if the structure were to burn down he would not be able to rebuild in the same location without a permit. Springer thought once an encroachment permit is provided he would be allowed to rebuild in the same location, therefore, a ruling from the attorney would be required. VOTE GRAVELEY Yes BRYSON Yes WERNER-QUADE Absent GOECKE yes NORD Yes MAHURIN Yes GLICK Yes Motion passed unanimously. d. PZ98-24 - Aa application for a Variance Permit for an off premise sign for the property described as Lot 2, Juliussen Subdivision, Amended (1097 Beaver Loop Road), Kenai, Alaska. Application submitted by Rita Smagge, Kenaitze Indian Tribe I.R.A., P.O. Box 988, Kenai, AK 99611. GOECKE MOVED TO APPROVE P298-24. MOTION SECONDED BY MAHURIN. Rita Smagge, Executive Director for Kenaitze Indian Tribe, P.O. Box 3075, Kenai, Alaska, 99611 reported she was in attendance to represent the Tribe on their application for a variance permit for anoff- premise sign for their greenhouse. Smagge continued, the greenhouse is located at 255 North Ames and is off the main roadway. Olga Julissen, a Tribal Member, gave permission to the Tribe to place their sign on her property. Goecke indicated that he would be voting against the request since one was just turned down by the Commission where a builder was wanting to put up a sign for some development and placing a sign off premises. Goecke reported the decision was being appealed to City Council but the Commission has no choice but to turn down the request because of that. Planning & Zoning Commission May 27, 1998 Page 6 ,, Nord stated being one of the persons who voted yes on the sign before, ~ she will also be in favor of this request. (A problem with the microphones was noted by a member in the audience, the problem was corrected and the meeting continued.) Nord continued, she checked with staff to see if the appeal had gone through and what the status was. Since this issue is the same as the last one, she will again vote yes. Mahurin reported she didn't have a problem with this one as she did with the other request since the difference is the Kenai Spur Highway and Beaver Loop Road, a primary and secondary road. Mahurin continued, in this particular case, the owner of the property is also indirectly involved with the business which could be looked at as a non- profit. Mahurin pointed out the difference between the two signs, the request that was denied was for property off the Spur Highway for future commercial development. The ,request being considered is for an informational sign and Mahurin hoped that it would comply with the sign ordinance. Goecke stated the party who was allowing the other sign was involved because the land belonged to the City of Kenai. Kebschull (illegible) asked if the sign would be a commercial size sign since it would be for a commercial operation or would it be a residential size sign since it is being placed on residential property. Kebschull thought the Commission needed to determine the size of the sign. Werner-Quade arrived at 7:35 p.m. Glick asked Smagge what size sign was being proposed. Smagge replied, the sign would be whatever is required by ordinance. General discussion took place on the size of the sign and it was decided the issue would be voted upon and the Commission would assume the applicant would conform to the sign ordinance. VOTE BRYSON Yes GOECKE No MAHURIN Yes GLICK No WERNER-QUADE Yes NORD Yes GRAVELEY Yes Motion passed. e. PZ98-25 - An application for a Variance Permit for front yard setbacks for the property described as Government Lot 176 (Highbush Lane, Kenai, Alaska. Application submitted by Rita Botelho, P.O. Box 61, Kenai, AK 99611. Planning & Zoning Commission May 27, 1998 Page 7 NORD MOVED TO APPROVE PZ98-25. MOTION SECONDED BY WERNER-QUADE. Rita Botelho, P.O. Box 615, Keaai, Alaska 99611 stated the site plan indicates the lot as being unique although it is 2.5 acres. There is a slim ridge that is available to build anything on and a surveyor checked it out. The house is going to be 24 x 28. Botelho indicated that she would like to add something on eventually, therefore, is asking for a setback. Glick asked if the first floor was going to be cut into the bank. Botelho answered, it would be a daylight basement. Glick confirmed the first floor would be cut into the bank so there would actually only be one story in the back part. Botelho confirmed that was correct. Glick asked where the driveway was going to go. Bothelho answered, the driveway will be off to the right where the 15 foot mark is on the setback. Bryson stated the rationale of the topography is a major issue and the request is appropriate. Graveley indicated that he weighs heavily with the City Engineer's comments that the variance would allow reasonable use of the lot without filling wetlands and the comment of garages is allowed by code to encroach by ten feet of front property line. Graveley continued, the Building Official commented the amount of usable building site on the lot is very limited and would be cost prohibitive at any other location. Nord noted this is a very nice lot size but there isn't very much land to build on so she will be voting in favor of the request. VOTE WERNER-QUADE Yes GOECKE Yes NORD Yes MAHURIN Yes GRAVELEY Yes BRYSON Yes GLICK Yes Motioa passed uaaaiimously. 8. a. Sale of Blocks 1 and 2, Five Iron Heights Subdivision. Glick reported the Commission is required to tell City Council that the lots are not needed for public use and can be sold. Planning & Zoning Commission May 27, 1998 Page 8 ~) Goecke thought this is a great idea and he has been looking for this to happen since the golf course was built. Goecke commented it would be Council's decision on how the blocks would be marketed. Goecke felt a sealed bid per lot would be the best rather than giving one big deal to a particular developer. MAHURIN MOVED TO DECLARE BLOCKS 1 AND 2 IN FIVE IRON HEIGHTS SUBDIVISION AS NOT BEING NEEDED FOR PUBLIC USE. GOECKE SECONDED THE MOTION. VOTE GOECKE Yes MAHURIN Yes BRYSON Yes GLICK Yes NORD Yes GRAVELEY Yes WERNER-QUADE Yes Motion passed unanimously. 9. OLD BUSINESS: a. Development Requirements Table -Discussion Goecke asked if the memo from Springer should be handled first since it is a separate item. Mahurin felt that a motion was not required on the memo as she would vote against it. If Goecke wanted action on the memo, someone would have to make a motion or the Commission should just read the memo and keep going. BRYSON MOVED TO INCORPORATE THE INTENT OF THE SETBACK ALLOWANCES AS REFLECTED IN SPRINGER'S MEMO AND REQUESTED IT BE INCORPORATED IN THE ENABLING ORDINANCE. SECONDED BY GOECKE. Bryson stated the memo addresses very small encroachment situations typically the one foot to 11/a foot maximum and these situations are more likely and not caused by casual construction or minor blunders. The situations are not pre-meditated and Bryson feels this is an appropriate approach. Mahurin indicated she feels just the opposite since when she first came back to the Planning and Zoning Commission she believed the first several items that were dealt with were encroachments with all new houses being built. Mahurin continued, she operates under the fact that she would rather give permission than forgiveness as opposed to doing something and then assuming it's okay to ask for it to be grand- Planning 8v Zoning Commission May 27, 1998 Page 9 fathered. Mahurin is concerned that if the Commission grants 10%, ~} which may cut down on time, but sometimes speed doesn't take the place of being able to talk about things and stopping precedence from happening. Mahurin also thinks there has been some misuse of the setbacks so she is opposed to incorporating it into the land table. Werner-Quade noted she is in favor of the memo as there is a very small percentage and a lot of the items reviewed fall into the category. Werner- Quade continued, she is really in favor of #3, Reduce the Cost to the Public, as people come before the Commission for very small amounts asking for a variance. Bryson requested that Administration explain the changes to the table. Kebschull explained the new Table specifies single, two and three-family dwellings, which was not specified in the old Table. These are actually the minimum lot sizes for those zones in the City. Kebschull continued, staff took those numbers and filled in the blanks. The "N's" come from the Land Use Table that was just updated. The seven-family dwelling is where an actual figure was determined to increase lot size for each family dwelling. The way the figure was determined was from the old Table taking 7200, which was the smallest lot size, and divided it by 3 to get 2400 sq. ft. Mahurin stated she was confused by the newest Title 14 and the existing Developments Requirement Table from 1991, page 2. The four-family dwelling without water/sewer in the RR zone, 40,000 is not included in the Table so Mahurin is concerned. Kebschull explained that when the water and sewer requirements were looked at it was determined the Alaska Department of Environmental Conservation sets the requirements. Mahurin agreed the old Table with or without water/sewer was confusing but the question is can the City be more restrictive than DEC. Kebschull answered, the City does not regulate onsite water and sewer. Springer explained the changes on page 2 consist of the inclusion of footnotes to define how the side setbacks are determined. The first footnote's intent is if one portion of a building is one story and the other portion is two story, then the side setback is independently determined rather than taking the view of the structure as a whole. Springer continued, the plot plan as-builts would be submitted by distinguishing where single and two-story portions of the building are actually located on the lot. This way atwo-story structure with a small one-story portion five feet from the property line would not be allowed. The two-story portion would still have to maintain the larger 15 foot setback. Planning & Zoning Commission May 27, 1998 Page 10 Springer stated the second footnote basically defines what a story is, one-story, two-story, daylight basement, etc. Glick thought the changes were what was discussed previously by the Commission. Mahurin asked if the motion was to approve the Developments Requirement Table but to approve the incorporation of Springer's memo. Bryson confirmed that was correct, the inclusion would create a page 3 to the Table. VOTE NORD Yes MAHURIN No GRAVELEY Yes BRYSON Yea WERNER-QUADE Yes GOECKE Yes GLICK Yes Motion passed. Glick asked for a motion to accept the Development Requirements Table. MAHURIN MOVED TO APPROVE THE DEVELOPMENT REQUIREMENTS TABLE AS AMENDED. SECONDED BY GOECKE. Kebschull reported that a Public Hearing needed to be scheduled. MAHURIN AMENDED THE MOTION TO SCHEDULE A PUBLIC HEARING AT THE NEXT MEETING. SECONDED BY GOECKE. Bryson reported there was one other item that needs to be added to page 14-72 which deals with maximum heights. The paragraph should read: "All structures in aircraft-approach zones and within 8,000 feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai Airport Master Plan drawings on file at City Hall." Bryson stated it would be appropriate to have it at City Hall and not at the Airport due to the building permit situations. MAHURIN AMENDED THE MAIN MOTION TO INCLUDE THE ADDITION TO THE SECTION ON MAXIMUM HEIGHTS. VOTE MAHURIN Yes GRAVELEY Yes Planning 8v Zoning Commission May 27, 1998 Page 11 `\~ BRYSON Yes WERNER-QUADE Yes GOECKE Yes NORD Yes GLICK Yes 10. CODE ENFORCEMENT ITEMS: a. Lot 2, BA, Spur Road #6 b. Lot 3A1, Spur Road Sub No. 7 Kebschull reported that no response was received regarding the code enforcement items. 11. REPORTS• a. City Council Smalley made the following report based on the copy of the agenda included in the meeting packet: Item B-1, Chuck McGee from the U.S. Census Bureau reported that approximately 35-45 people will be hired to perform the work which should be accomplished in three months. Item B-2, Carter discussed the future of the Airport and the fact that within ten years Anchorage would not have any more land to expand so a hub would be required. The Kenai Airport could provide that but new runways would need to be constructed. Smalley indicated the Council believes that where the airport goes the Peninsula goes. Council directed City Administration to discuss Carter's thoughts with him and to share them with the Airport Commission and then develop a contract with Carter to review the possibilities of the potential development of the airport. Items C-1 through 7 were passed. Smalley reported items 5 and 6 were reluctantly passed as the City was somewhat held hostage to perform the tasks knowing there is the potential for great amount of expense if there is any contamination. New Airport and Planning and Zoning Commissioners were approved. Discussion took place on the future of the Historic District Board. A meeting will be held with Council, Planning and Zoning and the Historic District Board to discuss Planning and Zoning possibly resuming the responsibility of Old Town. Planning & Zoning Commission May 27, 1998 Page 12 Item H-5 was approved and is a calling card vending machine located in the Airport Terminal. b. Borough Planning Bryson reported a meeting was held on Tuesday, May 26 because of the holiday. During the Plat meeting 11 plats were presented and ten were approved and one was postponed by the surveyor. None of these were in the City of Kenai. During the regular meeting a significant item under Public Hearings was Item F-2, a petition to vacate a 66 foot section line easement adjacent to the Kenai River. The individuals occupying the two lots have residences built on the section lines, however, the Borough is in the process of evaluating all the road easements that would lead to the Kenai River and this is one that will be addressed. Action was postponed. Item H-1 was a request by the owner to obtain a waiver of the survey requirements because it is a large 40 acre parcel. Item H-3 was postponed until November at the request of the State. Since then the State and the applicant have met on several aspects of the request for vacation and have come to some memorandum of agreement. Portions of the application are going to be rescheduled. One item that was not included was the easement in the City of Kenai. Apparently no agreement has been obtained. c. Administration: Kebschull reported that when reviewing Mr. Zubeck's request for a sign in a residential zone, it appeared there were some discrepancies in the code which may need to be looked at more closely. Kebschull continued, it's a concern if you don't want lighted signs in a residential zone when it is permitted for churches, schools, community centers, public charitable institutions, they could have a 32 sq. ft. sign. Kebschull reported she will not be at the next meeting. 12. PERSONS PRESENT NOT SCHEDULED: Brad Zubeck recommended that the Planning and Zoning Commission consider amending the Code to include the requirement of an actual design Planning 8v Zoning Commission May 27, 1998 Page 13 l before a variance application is brought to the Commission. This would help the applicants to get their materials together before approaching the Commission. 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 AND QUESTIONS: Commissioner Mahurin stated this was a hard meeting as there was a lot of work and welcomed Mr. Graveley to the Commission. Mahurin expressed concern about the comments made by Council regarding the Historic Board. Mahurin feels it is definitely a special interest Board that needs to be preserved and not necessarily incorporated into Planning and Zoning. Mahurin continued, it's no secret that she still has very negative feelings about the actions Planning and Zoning took when it came to Townsite Historic rezoning. Mahurin encouraged the Commission to watch what goes on and hopes that Council could come up with some other ideas as to how a Historic Board can function without being incorporated into Planning and Zoning. Commissioner Werner-Quade welcomed Graveley back to the Planning and Zoning Commission. Commissioner Goecke also welcomed Graveley to the Planning and Zoning Commission. Goecke stated at one time he would have agreed with Mahurin's comments regarding the Historic District Board but from every indication the Board has had maybe one meeting a year where they had a quorum. Goecke continued, that may be a little on the far side but they have had a severe time trying to get a quorum at the meetings so Council is probably right in assuming the Board isn't doing what they are supposed to do so something needs to be done. Councilman Smalley reported a short list of four consultants to do a presentation on the Challenger Learning Center for architectural design has been established. Smalley noted it would be difficult to make a selection as all proposals are excellent. Smalley stated that someone may see some City equipment in the Oilers ballfield. The Parks and Rec Department has made arrangements with the Oilers to do some work on the field in exchange for product. This year Parks and Rec will receive fertilizer which happens to be a huge expense. Planning 8v Zoning Commission May 27, 1998 Page 14 Smalley commented on the Historic District Board and noted that Council is ~, interested in public input that's why no position was taken to do anything immediately. Smalley stated that part of the problem is the lack of quorums. Council will meet with Planning and Zoning and the Historic Board to make a decision in the future which would be in the .best interest of the City. 15. ADJOURNMENT• GOECKE MOVED TO ADJOURN. MEETING ADJOURNED AT 8:25 P.M. Respectfully submitted, Barbara Roper, Contract Secretary Planning 8~ Zoning Commission May 27, 1998 Page 15 CITY OF KENAI ~~ ~~~ ~~ ~~~~ ~ 1a~~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~.~,~ 'III~1 1992 May 28, 1998 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been rescheduled for the Planning and Zoning Commission Meeting of June 10, 1998. At the May 27th meeting, the Planning and Zoning Commission moved to reconsider the following application: 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 Commission voted to consider this application as two separate requests; the sign size and sign lighting. The Commission voted to not allow the oversize sign; however, moved to reconsider this application at the meeting on June 10th. The lighting application request was postponed to the June 10th meeting. 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 June 10th. 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 1 ~~r 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 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 i 2. Application 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 ILot 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 (d111) 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. 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 . NOTE: Granted 24' (twenty-four square foot) sign for two years. Lighting denied. 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, JUNE 10 , 1998. CHAIRPERSON ATTEST: Planning Secretary ~~-~i BICENTEti DIAL yi~a~e axtl~a~ist= G'i~m~a ~l u~s'e! DATE: T CITY OF KENAI 210 Fidalgo enue Kenai, Alas 9 TELEPHO 83-7 ~j1~ FAX 907- 3-30 4 l.•. 'r. qpR ~ =~: APPLICATION FOR VARIANCE PERMIT NAME : ~/c. ~ ~. ~~/~~C,FL PHONE : 2g.3 ' 3 ~~ / ~"'~ MAILING ADDRESS : ~9~3 ,~E~/-a ~ .~p~,e ~~~,.~ ~l~ ~•~ ~ ~k- 991// LEGAL DESCRIPTION OF PROPERTY INVOLVED: l~T ~ ~~'~~ ~ ,d~1Q~l ~~~ ~nZ ~v.{,<l uJ 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 deposit/advertising 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 ~ 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 COM/MENTS : ~~ ~~~L6c,~io./ !t iGl~E y~aryL q ~l.y/}f~ij ~,g / off. ~' .32' Sf' (~ ~ 8 ~,1~~~ AD~~ ~1~~-6 ff ~•~ ~~1~7J ~ifi~l~. -~. Applicant's Signature: Approved: ,I CHAIRPERSON Attest: Marilyn Kebschull, Secretary NOTE: Granted variance for 24 square foot sign for two years. Lighting not granted. C:\WPDOCS\FORMS\VARIANCE.PG2 Saturday, May 16, 1998 City of Kenai Planning Department 210 Fidalgo Suite 200 Kenai AK 99611-7794 Dear City of Kenai This letter is in response to the request for a variance for Mr. Bill 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 ~~•• .+ vv ~~•. •• vv~ .uu uvuuva.~ auv, inn uv, JV! LVJ JJJ1 1, L 62/98 brad Zubeck 283.3991 Fax 283-5024 ~ F. Introducing the 'World's Leader in L.og Buildings. Iloela o1IM a ~tde Media of Ml Aa'Idie6. ~.1,R lie pride o[ pcopie ie mo:e E~aO i3 aonsk~. For fv~a iaro[~I.on. Place eunuct NorJic 1•oe Homc. 1~3 HigW:u.h la. Kcem4 Alael~a 99GI1 9M1.22f3•Fi))5 ~.ie 6T Aplwiaemnat Orly 4y HONKA "Iti partxiersl~Xp ~i~h .Mature" Thanks, Quff Sherman ~• ~ she~rnan Sfgns ' J ~ I ~~N T A • d 66Zb Z9Z LA6 SNP I S NtlW2~3NS Wd 9 z : £8 86-Z6~Nf11' CITY OF KENAI .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~ uF~~aM 'III~~ 1992 May 27, 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 June 10, 1998: PZ98-26-An application fora Variance Permit for Principle Structures for the property known as Lot 1, Block 10, Valhalla Heights Subdivision, Kenai, Alaska (310 Phillips Way). Application submitted by Katherine Godek, 310 Phillips Way, 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 June 10th. 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 I STAFF REPORT To: Planning & Zoning Commission Date: May 20, 1998 Prepared By: JL/mk Res: PZ98-26 GENERAL INFORMATION Applicant: Katherine Godek 310 Phillips Way Kenai, AK 9961 1 Requested Action: Variance Permit -Principle Structures Legal Description: Lot 1, Block 10, Valhalla Heights SD 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. Variance Permit I PZ98-26 Page 2 Applicant is seeking a variance from KMC 14.20.190 (a) "Principle Structures." Section (a) states, "Erection of More than One Principle Structure on a Lot: In any zone more than one principal structure housing a permitted use may be erected on a single lot, provided that area width and all other development requirements of the zone shall be met for each principal structure as though each structure were on an individual lot." In the RR zone, lots without public water and/or sewer require 40,000 square feet per principle structure or 80,000 square feet for two principle structures. This lot is approximately 24,000 square feet. The variance is being requested post-construction and occupation. As stated in the applicant's letter, there was confusion about the process required. As such, a variance was not obtained nor has a building permit been issued. City Engineer: The second principal structure was a detached garage. It has been converted to a second living unit. The original lot was platted prior to the 40,000 square foot requirement for the rural residential zone. Building Official: A building permit will be issued if a Variance Permit is issued. At that time, any inspections that can be performed will be done. RECOMMENDATIONS Commission should determine if the requested variance meets the requirements for a Variance Permit. ATTACHMENTS: 1. Resolution No. PZ98-26 2. Application ~ 3. Plot Plan CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-26 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 :Katherine Godek Located: 310 Phillips Way, Kenai, Alaska (Lot 1, Block 10, Valhalla Heights SD) 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 20, 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: KMC 14.20.190 la) Principle Structures 41 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. 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 June 10, 1998 . NOTE: Occupancy of garage limited to current residents. May not be rented. 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, June 10 1998. CHAIRPERSON ATTEST: Planning Secretary ~' :~.. ~ QICEi~'TE~\\IAL yi~ase w~a~~stL'c~w~li a ~ufu~e! RECEIVE© ,~ MAY 1 U 1998 ~~ ~~~CIIYOFKENAI DATE: ~ I ~'-~~ CITY OF KENAI ~ ~ ~„ 210 Fidalgo Avenue Kenai, Alaska 99611 TELEPHONE 283-7535 FAX 907-283-3014 APPLICATION FOR VARIANCE PERMIT NAME : ~~ tl--~ C ~ 1 1y ~ C- ~ G> ~ J L PHONE : ~~'3 _ y ~ U 7 MAILING ADDRESS : - 3) C i `~J I~- I L-l- 1 F'S ~'V ~~ ~~ ~ I rT ~L- LEGAL DESCRIPTION OF PROPERTY INVOLVED: .-r- ~ ~~~ ~~~ ~~~u-a-~~~ (-~EI~-r+i S ZONING DISTRICT (Circle one): C~ RR-1 RR-2 RS-1 RS-2 RU/TSH CC '~" 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 A Public Notification and Hearing is required before the ~ issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) 3. ~ Special conditions or circumstances are present which are ~ peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. 4. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a monetary hardship or inconvenience. ~`~ VARIANCE APPLICATION Page 2 5. _~~ The granting of the variance does not authorize a use t~ is not a permitted principal use in the zoning district in which the property is located. 6. ! The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. 7. ~ The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS : > > ~~~-~p~~ Applicant's Signature: Approved: Attest: Marilyn Kebschull, Secretary CHAIRPERSON NOTE: Occupancy limited to current residents. Garage may not be rented. C:\WPDOCS\fORMS\VARIANCE.PG2 ~ ~`; ',`i-fiUl LT S11R~"~;Y, LU1' 1 , B( CHa~. 1 U. 4'1!fl•1i.1.A Hf:IUli1S S/D, CII't" tii ~~:~.,! N x ~ D O ~ O 1 hr•rr~hy t,r~rt.i 1 r• that r-„• }tr. ~,- ri ~' s~hotrn herr~on H'r~s surv~•v••~! u;~ . , ~~. ~ilr~•r.tinrt. and that thE• ifu(~rrl~,• ~r~.•r,r•; thc•tcscin arE? lEU•atc~l u~. 'utM~„ i;.(. ~. i~p 2 / i ~ i i y A ~~a Qp ~p S F ~ / / , 4~ Ot' Np`%o H ~ .• E 30 O B Lv j ~p \ ~ FOP m N~IgN Ego .'Sg "~ ~ ~-'s \ f,L6.9 ~ "d N ~ G °o , ZA p °o i \ 0 2Appp , ~ ~ eigiv 3 6 $•+ g~3 ~~ ~ ~ \ woll q0 2/ ~ ~ ,, ~s.6 30 ~~ 0 ma``'r' ~7 "f ~ '!.4''',,,, 29'`~ i 'T 4 U• b Ate. G'~'~Q,Qia`,7 ?~s~ C~fznGC C~ ,. (~Gj \.~ M L .y: Y ~Q Srr„iycrE _h P v,i ~o o; L' Z c~ O vo O ap O `oL f 2Q~ gO .t1. Ego g6 , 5• F;iE~t•i in.cnrCtlbn Ftadc This survey i.s prPSentiy correct. ~'~ "F-."J~Malone R.L.S ---~ ~'r 1~ .~ ~~rt Note: ' The exestence and location of any underground inst;;lations was not. determined during this survey. j KATHERINE GODEK 310 Phillips Way Kenai, AK 99611 907-283-4407 May 19, 1998 City of Kenai Planning and Zoning Commission 210 Fidalgo Ave Suite 200 Kenai, AK 99611-7794 RE: City of Kenai Variance Permit Planning and Zoning Commission Members: This is to request a variance permit be issued for Lot 1 Block 10, Valhalla Subdivision for the conversion of apre-existing garage to an apartment for elderly relatives. In May 1997, I traveled to Arizona to move my in-laws, Truman and Jeanette Douglas, to Alaska to live with our family. This was not an easy decision for them or us, but after months of discussion, was the only decision left to consider. Mr. Douglas is 80 years old and has suffered a stroke which effects his memory and equilibrium. Mrs. Douglas is 75 years old and has suffered with rheumatoid arthritis for 20 years and has had extensive joint replacement surgeries to alleviate the pain and help her mobility. The care and maintenance of their living quarters, a 31' motorhome, was taking it's toll on them as well as their incapacities. In August 1997, my husband died unexpectedly of a heart attack. The construction became urgent as he had been staying with them in a rented apartment in Kenai six miles away. The construction phase on the garage began in October 1997, and was completed the end of April. The Douglas' moved in upon completion. In my discussions with Mr. Springer, I misunderstood the permit process and so extend my apologies to him and the Committee. Thank you for your consideration. Sincerely, ~ ~~ z.-- - ~ H NE GODEK Enclosures -1- ,l May 27, 1998 CITY OF KENAI ~ ~- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 'III'1 1992 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearing has been scheduled for the Planning and Zoning Commission Meeting of June 10, 1998: PZ98-27-An application for a Variance Permit for Side Yard Setbacks for the property described as Lot 6, Block 5, Inlet View Subdivision (312 Rogers Road), Kenai, Alaska. Application submitted by George O'Guinn, HAPCO Construction, P.O. Box 1501, Soldotna, 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 June 10th. 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 ~l~ STAFF REPORT To: Planning & Zoning Commission Date: May 26, 1998 Prepared By: JL/mk Res: PZ98-27 GENERAL INFORMATION Applicant: George O'Guinn HAPCO Construction P.O. Box 1501 Soldotna, AK 99669 262-9515 Requested Action: Variance -Side Yard Setbacks Legal Description: Lot 6, Block 5, Inlet View Subdivision Existing Zoning: RS-2-Suburban Residential 2 Current Land Use: Residential 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 j 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. PZ98-27 Page 2 Applicant is seeking a variance for side yard setbacks. The Development Requirement Table requires 15-foot side yard setbacks for atwo-story structure. The applicant is requesting aone-foot variance from this requirement. It should be noted that the Giffords (property owners) applied for a variance in January 1998. This variance was for afive-foot variance on both sides of the structure. This variance was granted by the Commission; however, it was amended to a 15-foot setback on the lot line common to lots 5 and 6 and 5 feet on the lot line common to lots 6 and 7. An affected property owner filed an appeal. After the appeal was filed, the Giffords withdrew the permit. City Engineer: No additional comments. Building Official: The plot plan submitted shows a 52 foot-wide structure leaving a 15-foot setback on each side. However, the builder has submitted a building plan showing a 53 foot-wide structure; therefore, requiring a variance for one foot. The applicant is asking fora 14.5-foot setback on each side of the property. RECOMMENDATIONS The Commission should decide if this request satisfies the code requirements for a Variance Permit. The Commission should note that the requested variance would not be as obtrusive as the originally granted variance. ATTACHMENTS: 1 . Resolution No. PZ98-27 2. Application 3. Plot Plan CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-27 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 :George O'Guinn, HAPCO Construction Located: Lot 6, Block 5, Inlet View Subdivision (312 Rogers 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 22, 1998 2) That this request is located on land zoned RS-2-Suburban Residential 2 3) That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table -Side Yard Setbacks -from 15 feet to 14 5 feet 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 June 10, 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, June 10 , 1998. CHAIRPERSON ATTEST: Planning Secretary i~ * `p.~ ~. N J i-~ A ;_•~...- ~-~y~r~~ BICFN'C'~NN1AL c t raj ~ r~ r 7 ~s ~s t ' ~ ' w ~ "a 7~G, . ~ DATE : ~~ - Z ~ -. ~ ~/ r~i~•+ ~` ~~ -~ 7 Ci~"Y O~ K~NAI 210 Fidalga Avenue Kenai, Alaska 99611 ~,'81'F301N8 283-7535 BAX 4C7-2B3-3Q14 APPLICA'IT4N FOR VARIANCE PERMIT NAME : / MAILING ADDRESS: ~ JPHONE : Z G ~ ~ C4 ~ 1 S ~ ~ n s ~ LEGAL DESCRIPTYON OF PROPERTY INVOLVED; ~ -~, 1 ~ -- ~ `~' r.( ~ ~ `~ i ,~i ~ ~ ZONING DISTRICT {Circle one): C RR RR-1 RR-2 RS-.- B 2~ RU/TSH CC CG IL YH 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 hie real property: PLFrA8F READ TBE FOLLGWiNQ, CCIRPL TE T8E BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUHSBR TO IIQDICATE TEAT YOQ RAVE READ AND t7NDERSTAIfD TBESE 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 Dover these notificaticn costs. (Please sae attached procedure sheet) 3`= Special conditiens or circumstances are present which are ` peculiar to the land or structures involved which are not applicable to othQr lands or structures in the same Land use or zoning c9lstrict. 4C-~ The special conditions or circumstances have not been caused by actions oP the applicant and such conditions and circumstances do not merely constitute a monQtary hardship yr inconvenionce. ,~ MAF~Fi~Fo `'~ VARIANCE APPLICATION ~ Page 2 ~. The granting ©f the variance does not authorize a use - tht is riot a pe~^ati.ttad principal uae in the zaaing district in which the praparty 3s loaatad. .----~ 6~`"" ~-- The granting of the varie,noe is the minimum variance •,~~- that wi17. provide for thw reasonable uao of the land axxd/or structure. 7~ Z'b,e granting of a variance shall cot be based upon other nazi-aoxilormiag land uses or ~strueturas within the same land uae ar zoning district. ADDITIONAL COMMENTS: l~),~~-G ~}s~.,,,. ~ z~-,.2 ,~.- 1' ~ ~,©T -- ~-~ ..~ Appiiaant's Sigtxature. ' -~ i-h ,~,;,, ~- ___ ~ --- Appzoved: CHAIRPERSON AttaSts Marilyn xebschull, Secretary c: ~uao~s~,FO~rfs\vaR IaNCb. pcz From : Intl=9rity Sur~~yS PHONE No. 907 283 9071 May. 28 1998 3:12PM P02 ~~ g,o ~ ~°~ ~'° ~ ~'1 ~~~ ,1 ~~ to ~ t~~ ~~ a ev~i °r ~~ ~~ '~.` \~t ~~~~~ _r 1~ _% i f~ .1- ~~ ..~ ~.~,/•.: ~y ~j~ ~ ~~ ~ ~~ .~ ~ ~' S6O ~ ~- .-~ ~~ /~ ~ CERTIFICATION v~ ~` Nnio: Lot served by City wotar and ::rrwcr c~ B.~ ~~ PI_._OT 1='LAN OT S v iteld ,urvcy was performed fur lFris plot ~r.:ol e: 1 " ~ :SUS 1~ .13. #: N/A - J _~ KCNAI (:C:.(;UF2UING DISTRICT tul: 85-~LF3 I]c~le: 27 Mny, 1998 res ~CB W.O. ~f 9f3UU'7 Disk: \D28\Inlet ~ ~~e~ 60:~ Swires Drive, Kenai, Alosko 99611-8363 SUR VEYUi2S PHUNL • - (B07) 2B3-soa7 pLANNC• RS FAX --- (907) 2RJ-9071 tie-ralrary a i-arn~ lcaas e. Lot 6 Block 5 i .J ~`~ ~~ A~'i g'L= `~ ~~~®~ D ~~ P . Plot Plan Certlticate 1 hereby certify that the proposed Improvements hereon are vs shown on the foHowir~a~ cJrsscribed property. Lois , dtoc 5 .,_ ,.'- !Plet VieyY, S/D ~f hind Acid _Pt Ong C}ccluaion NuIC: It is the responsibility of iF'1c~ Owner or builder. prior to construction, to verify proposed building grode relative to f(nished grode and utilities connections, and to determirtiC the exlsience of any easements, Covenants. ur rr;strictlons w1~icFr da not appear on the recorded subdivision plat- ~p CITY OF KENAI ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ w-11ma~uah 1III~~ 1992 May 27, 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 June 10, 1998: PZ98-28-An application to Amend Conditional Use Permit PZ95-30 to include a crushing plant and an asphalt plant for the property described as Tract 6, Horseshoe End at River Bend Subdivision (approximately 2113 Beaver Loop Road). The original permit (PZ95-30) was issued for Extraction of Natural Resources. Application is submitted by Foster Construction, P.O. Box 303, Soldotna, 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 June 10th. 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: Nlay 26, 1998 Prepared By: JL/mk Res: PZ98-28 GENERAL INFORMATION Applicant: Foster Construction, Inc. P.O. Box 303 Soldotna, AK 99669 262-9139 Requested Action: Amend Conditional Use Permit PZ95-30 Legal Description: Tract 6, Horseshoe End at River Bend Subdivision Existing Zoning: RR-Rural Residential Current Land Use: Gravel Pit Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the criteria for conditional uses in all zones, "Uses not specifically permitted in the zone concerned may be permitted provided the following conditions are met: [i] Such uses must be similar to principal uses permitted in the zone; (ii] Such uses must be in harmony with the intent of the zone. Applicants have a Conditional Use Permit for Extraction of Natural Resources (PZ95-30) which they would like to amend. As stated on the attached statement, they would like to set up a crushing plant and an asphalt plant. It appears the requested amendment would be a use similar to the current conditional use. City Engineer: The intended addition of equipment to produce crushed gravel and asphalt appears consistent with the original permit. The products that would become available would be a benefit to the local community and create a competitive economic situation. ~~~ PZ98-28 Page 2 Building Official: No building code issues. RECOMMENDATIONS Review KMC 14.20.150 and 14.20.151 to determine if the requested amendment fits the criteria for conditional use permits. If the Commission grants the requested permit, it is suggested that the applicants be required to operate under the conditions placed on the original permit. ATTACHMENTS: 1. Resolution No. PZ98-28 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ98-28 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT FOR: Foster Construction, P.O. Box 303, Soldotna, Alaska USE AMEND PZ95-30 TO INCLUDE CRUSHING PLANT & ASPHALT PLANT LOCATED TRACT 6, HORSESHOE END AT RIVER BEND SUBDIVISION WHEREAS, the Commission finds: 1) That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 22, 1998 2) This request is on land zoned: RR-Rural Residential 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. b. 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: June 10, 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 CRUSHING PLANT & ASPHALT PLANT MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 10 , 1998. CHAIRPERSON ATTEST: Planning Secretary CONDITIQNAL PFl7 MTT ___ Section 14.20.150 of the Kenai Municipal Cofle~ outlines regulations which allow Conditional Use Permits for certain developments. PLEASE REAb THE FOLLOWING, COM--per THE BLANKS AND ~t~TIAL THE SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. An approved conditional use permit shall lapse twelve months from the date of approval if the nonconforming use for which the conditional use permit wa® approved has not been implemented. The Commission may grant a 1 time extension not to exceed six months upon a ~4='~ y f indinq that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of permit. A public hearing shall not be required as a condition to granting the extensf on. ADDITIONAL COPIIKENTS: Have a current conditional use permit, copy attached, we would like to make an amendment to it as explained in enclosed letter. i Applicant Signature: Date: -~ approved at picZ Meeting: Approved: Chairperson Attest: FOSTER CONSTRUCTION, INC. PO Box 303 Soldotna, AK 99669 '' (907) 262-9139 fax (907) 262-1428 i i i i i i i i i f i i i i i i i i` i i i f i i i i i i i i i i i i i i i• May 22, 1998 • i !iii ! i i i i i i f i i i i i i i i !iii !iii • i i i i i i i City of Kenai 210 Fidalgo Kenai, AK 99611 ATTACHMENT TO CONDITIONAL USE PERMIT APPLICATION We have a conditional use permit in existence right now, but we would like to apply for an amendment to the permit. To date we have only used the gravel pit to extract gravel; we would now like to process the material. We would like to set up a crushing plant and an asphalt plant. The plant has a DEC Air Quality Control Permit to operate. Sincerely, i Carey ~ Oster Foster Construction, Inc. 'CITY OF- :KENAI [~ PLANNING'AND ZONING COMMISSION RESOLUTION- NO. ..PZ95-; CONDITIONAL USE PEIfMIT " EXTRACTION OF NATURAL RESOURCES A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY KENAI (GRANTING) (~) A REQUEST FOR A CONDITIONAL USE PERMIT FOR EXTRACTION OF NATURAL RESOURCES Foster C_nnstrl~r-t;nn LOCATED Tract 6 of Horseshoe End at River Rend S/D WHEREAS the Commission finds: 1) That an application meeting the requirements of Section 14.20.154 has been submitted and received on: May 30~ 1995 2) This request is on land zoned RLral Resident;al {RR] 3) That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a . i-~,-~.<<o ~~.r C t-~ti-~1~c ~,,:. ~ ~~.c-,. ~~e c." ~ -'' 60 sc m ~ ~ I e 6 ~M . 4) That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: ,TnnP 14, 1995 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT (HAS) (~ I~l~!) DEMONSTRATED THAT THE PROPOSED E%TRACTION OF NATURAL RESOiTRCEB MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION ( DOES ) ('DCL~!!"'!0~'t~ AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF RENAI~ ALASKA June 14, 1995 CHAIRPERSON ~ EST: Plann g Secretary ~"'~ r~ O 0 m O f^~~' ^NN F~+-1 !"q r~ r~ ~C L(~ O w 1'~-1 V ! TW LL U Q Q. mO O ~_ J Q w Q V..~ .~ r~ ~..~ ~+% a ~ o ~ _~ m ~~ i .1'-- <~ N G I 1 ~ I / 1 1 I ~ ~ i m `~ u~ U Q `-- U w Z C ~- ~ C O C C~pOZY~ 3 O aZZwG~n L ~ c Z~ ~ c c ~ wauwiZOc '~ ~ n Q p ~ a < < > c ~ Q ~=~~~ ~ - - wxZZ ~ u ```~ ~ Y ~ '~' Y _ 1_ ,. ~ _ ~ 0 ~ _ ____~ ~ S ~ m O Y ~ i rv .' '. ~ _~ r__________________.~ U U - .~:_ ~___..___.... _ L. '15 Ntl30 - - ~--' _ ~ m d h h N N N h N w r ~ Z ¢ y s~ N O ~ N W O o ~ .r N ~ Q Z B O mca : _ ~ Z N N m v < ,. 1 oNn'QQ~~ ao~~ a N N ~ 8 p~~ O O °a O °x ~ z n n~ z z z 2 rn ¢o ~x~ ~aeae~~ a ~ O N n J rv ~ ' w ~ a, ~ ~ So. m ~ m m~ 9 i m ~ ~ d rr--~~ C ~r ~1. ~~ F v d~`m r~ ~ 'r ~ 4 ~ om e0 z oO ° W z z .. ~ v O rvr o. m ~ m m z Z o Q H m O W fa~7 G 3 v > > CU a a asE" aka iO O ~ (7 N U U °~ Z ww0. o°yaa 6" wwz waw°oo ~j, 1, .~'L' '~i1'. ~ O ~ ~ .i J Y w z ~~ a x nm O ~ ~ S s w X R v C ao m ~~L O -- - ~ a Q ~ ~Dy9 I S~ ~ ~~ I °' ~ 1-~l"JI~ ~ Q I N~ ..., n m m i N m o m y . z m° =a w LL <~ ~ O oQ Q "I EaA O T~ O a~ ~ ~ ~ .'., ~ ~, a o ~ •~ ^ W Q O c N_ ~ r 1 '~ Z c ~ N 0 z N ° ~ .. ww •.u.i ww .w • Vll Vu t.1laL 111 1111u11 lllil 11V. VV ILVVITLV 1l V1 haw offices } Phil N. Nash 110 S. WILLOW, SURE 104 TeleDhot+e (90n 283-7514 KENAI, ALASKA 9961 I Faaimae (90~ 283-7429 June 3, 1998 ~~e Jack La Shot "'- ' .. City of ]~enai ~A ~` . ~ j~ ~a,y,R~ ry 210 Fidalgo Ave, Suite 200 ~"''~r o~'~F Kenai, ~K 99611 `~~a TM FNT . RE: Foster Construcdon/PZ95-30 Dear Mr.. LaShot, I represent. Sue Wright, he beneficiary of the Waldo Coyle Estate, currently being administered by George. Goerig, Esq. ' I O~n behalf of the. beneficiary, and to the extent that the beneficiary has standing, please accept this as her strenuous objection to the pending amendment to the Conditional Use Permit PZ95-30, Foster Construction Company, for the reason .that there is one subdivisit~n located across Beaver Loop Roadwith eightlots currently. listed fox sale and another ~:onceptual subdivision being planned by McLane Company, and the amendment of the existing conditional use permit would materially and substantially affect the value and desirability of the subject lots in that it would tend to make the estate property unsalable as rural residential. building cites thereby resulting in irreparable harm: "a taking" . My client has requested that I point out that the provisions under KMC 14.20.150 for Natural .Resource. Extraction do not provide for subsequent amendment for anon- extraction use. The code provision is specifically for. natural resource extraction. It does. not appear. to contemplate either a crushing pit or an asphalt plant. Of more importance, please note specifically the lack of an .original plan as required underpart (a)(7) and (b)(8), which clearly indicates that there never was a plan for other than extraction at this location. It would. be my client's position that a crushing plant and an asphalt plant are of such a major change in operations at this late date such as to render the initial permit terminated and require a new permit application to include all three: extraction; processing; and asphalt batch plant. v vv ..u.i vv vv •.I lI• 'V! • •VIrM !!!iV !ll !1!!/!1 !!1!1 11V1 VVI LVVI`ILV ~ I ~JG X.etter to: lack I,a Shot City of Kenai ~ R.E: foster Construction/PZ95-30 June 3, 1998 " .Page 2 The portion of the notice attributable to .the.. City Engineer includes three statements ofprofessional opinion: (1) that the intended addition of equipment to produce crushed gravel .and asphalt appears consistent with the original permit; (2) the products that would become available, would be a benefit to the local community; and (3) the products that would become available would create a competitive economic situation. I would therefore request the following for the purposes of Lodging the objection: L; The factual basis, including applications, drawings, photographs, notes co file, transcripts or excerpts thereof, reports, or other references or items of engineering, economic development, or other demonstrative evidence. upon which the professional opinion is based that a gravel crushing and asphalt plant is consistent with the original permit; ; II. A list by description of the "products" which would become available as a result of the application amendment if other than crushed gravel and asphalt; Ll'/I. A copy of the factual basis or of the report_upon which the statement that the products" would benefit the Local. community was based; I~;'. A precise description of the term "local .community"; 'V'. The total economic or other benefit to the local .community as defined above; VI. A precise definition of the term "competitive economic situation". as used in the .notice;. III. A copy of the factual basis or of the report upon which the opinion that the crushed gravel and asphalt would create the".competitive economic situation as defined above; Z'he copy of the existing. permit and .the. application included in the notice. do not appear to comply with the requirements of KMC 14.20.151 or KMC 14.20.160. Therefore the following additional information is necessary in order to present a proper objection. to the application:. VIII. A copy of Ghat portion of the amended plan which is intended. to .show that the need for crushed gravel and asphalt within the City of Kenai outweighs any detrimental effects the operation may. have on surrounding property owners as provided in KMC 14.20.154 (a)(9); and v v . vv vv Laa1. vL.V ! !!iV l11 lil lYl! { !l[i liV1 VV ILVV 1'SLV 1 1 V~ Letter to: Jack La Shot City of Kenai RE: Foster Construction/PZ95-30 June 3, 1998 Page 3 VTX. A copy of the proposed screening plan for the new operations; VK. A copy. of the .narrative statement.required by KMC 14.20.151(b) setting forth each and every requirement of subpart (b) of the ordinance. Thank you for your attention to this request for information necessary to make a proper objection to -the permit. Sincerely, Phil N. Nash, ABA # 7705050 Attorney at Law 1 PNN/cih cc: Sue Wright George: Goerig, Esq. Clerk, Planning &`.Zoning Commission, City of Kenai ~~ CITY OF KENAI ~„\ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 a '~II~~ ~~: June 8, 1998 Phil N. Nash Attorney at Law 110 S. Willow, Suite 200 Kenai, AK 99611 RE: Foster Construction Dear Phil: The Planning Department sent your letter to me for a response. Enclosed you will find the information in our files regarding the Fosters' application for a conditional use permit under KMC 14.20.150 for a crushing pit/asphalt plant. Since the current application is for a conditional use permit, the procedure outlined in KMC 14.20.150 will be followed for review of the application. We have also included the information in our files regarding the existing KMC 14.20.151 permit for extraction of natural resources, including the site plan and narrative. The Public Records Act does not require the City to generate new reports or answer interrogatories upon public request. Rather it requires government to turn over existing records. To the extent your request would have required new reports or documents, it is denied. However, as noted above, we have included the documents from our files that relate to the current conditional use permit application and the existing natural resource extraction permit. If there is any more information you need regarding this issue, please let us know. Very truly yours, CITY OF KENAI R. Graves City Attorney CRG/sp Enclosure .. .... .... ...+ ..+... ... ... a.a a.. va a ava..v t +aaL. !i. IA lull t i7/l liV. iJU (GUJ I ~FGa7 haw Offices ~ Phil N. Nash io s. Wnuow, surrE 1oa Telephone (907y 283-75 i 4 KENN, ALASi(A 99611 June 9, 1998 Cary R. Grav ,Esq. City of Ke 2I0 Fid go Ave, Suite 200 Ke ', AK 99611 RE: Foster Construction/PZ95-30 Dear Caly, r. ui FxSC1tOd (907) 283.7429 RECEIV p .~1 9 ~ s. ~~ CITY OF KENA! Thank you for your letter of June 8th, including all of the copies of the previous permits and amendments. I believe there may be a nusunderstanding regarding the materials I was requesting in my earlier letter. I am aware of the Public Records Act found generally under AS09.25.120 et. seq. I am also aware that the notice recites a statement or conclusion by the City Engineer. If that statement and/or conclusion is based upon facts included within a public record, I am making my request for a copy thereof, realizing that the City has the right to charge a fee for that service. If that statement and/or conclusion is a professional opinion, then again, I have the right to a copy of the underlying facts. If that statement and/or conclusion is based upon some facts that are not a public record, then they can only be confidential record as defined by the statute or a court decision. If non-disclosure is based upon the assertion of confidential records, then I request the citation to authority. If however, that statement and/or conclusion is gratuitous rhetoric, then I believe the Commission and the public have a right to know that also. It would be better to resolve this issue now than during the hearing on the inJunction. Phil N. Nash, ABA # 7705050 Attorney at Law PNN/clh cc: S e Wright eorge Goerig, Esq. 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()1 ~~j(' 3i1'ilyii kit)~(]~r ~~.altl i e vv ' r ~• ~ !1'~' c1.I1• a!t`i{,{f9Z-(??'y ~,~~~~1[a't ~ ittii;: Qt- i„ at(t~i3$~:C3 i~F.[C~ lat~,4'~'li']~)clf:(. iai ii:t; ADIi])lll; ~•~y,rafzxz'3z~. }x('~)c~~-~;~;. 3~'~~x~~:;:xzi.;~ d)'~~ ~`1i..1°'3i.ERsF3':t ~~,-f~~a~- trL,1°c alc-I. ~.c)l.xllz*sfd, 11(if- ;r:4'i't` ~ !ll.~t:JitSil~~.R.'i] ~J2II1~91•'~ ~ ?3A Salt:: t';A~+l; 14"eiy! l~iE' i'S(.it:'k,l,E()f! 6.)~~tli~' a;~~l} IU~UY '~:-:~17;3`LI'3L:71~~. ~?lli~'R't~? ,"lSY1r'3 1't~S?.'•iltif~i"1.'.:i~.ii%il S~a+L' ~3C)d~'llli<l~ ill.~'~a:t~IE.131t:t'l~£~1. :ErrgDJ;(,'t_ ~.'t'~(:1~%i>la4: ~~t if•s~lyE J iikit ~ tr(lAriUa: YYEfiIi: =.'i)i1~f1 1)4_ }),~}!:l'$E:{~~ ~t llicly Ilgl~-i. ~;=:::is ~S'.f~4': ~,c~ !'rrit~;it~.1: ~' dlt~ 3 k~ s. }r~tY'iis.:S~• it'.ii.lt 1'f~lll Z 's ;x--- 5s'#astlr,l~t~t1 ~t3r c?~+,:(#aa.'~~i #t':~a:~ isz .feet#eUl•~;:;E° ~»~ ~~ic}xEtSrl~zy'•.JE~1~~: ~10. E ~ j! ~?'r, i 3li.~' ~j~f i : ii:. .:;i ?t°i.: f 13Y(: ?iq;~ ~.{'e:; (~R~ i'~?~ 2:fi ??'t~iL'C,'{3lli;'- .T St'!~~ 1tff~. ~i lL ti.~1~.C '~.l'> 1 :ir ~~~.~u#, i 1'4•{~dy~r~ +°c'(ra:a;•;c ::~ ~~•3.'~•,r.-rt~~~t'a.;axe-a: =.`,cl~ #'sY~nA .~'1sz~hUY~t~t. r~E•tlti~; iS 1< r )A<~){ ~+!~I`i<i~~a~l'~ 41 4~1(1ilt~~# Sits{ ~Y. i1fS:S'~~•ii1'r~';391).M11S~~Y. ~.1l,S:.~1'L~Li5~i9i~ t)i ~iil~!~ 1 Z f t s ~' r 1', CITY OF KENAI Phil N. Nash Attorney at Law 110 S. Willow, Suite 104 Kenai, AK 99611 RE: Foster Construction/PZ95-30 Dear Phil: -' Gil o~ y4~~~ -- 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-283-3014 June 10, 1998 'Ilf~l ,~~ You are right-I don't understand what additional records you are requesting. Mr. La Shot made his written comment based on his review of the files provided to you and on his 17 years of experience at the City of Kenai, including his personal knowledge of local construction and the area. I don't think that makes his statement "gratuitous rhetoric." During his 17 years at the Caty, he has reviewed thousands of documents that form a part of his professional knowledge. Are we to go through every record in Public Works over the past 17 years and ask Mr. La Shot if he may have relied on that document in some manner in making his statement regarding the Fosters' application? I am not trying to be flip. Your request is so broad as to make it impossible to comply with. Regarding your statement about seeking an injunction, the Kenai Municipal Code allows for an administrative appeal under KMC 14.20.290 to the Board of Adjustment. An appeal from the Board of Adjustment may be made to the Superior Court. KMC 14.20.300. Attempts to circumvent that process by requesting injunctive relief have failed. Cornnit~ to Prot~rt Worxllanc~ Inc: v. City of Kenai, 3KN-95-339 (Sup.Ct. 1995)(Request for preliminary injunction denied based on failure to exhaust administrative remedies). An attempt at an injunction in this matter will have a similar result. It will only waste everyone's time and money. There is an appeal process. If your client is dissatisfied with the decision of the Planning & Zoning Commission, she may pursue her administrative remedies. Very truly yours, CITY ~ KENAI ~_~ . Graves City Attorney CRG/sp Cc: Jack La Shot GOERIG ~ ASSOCIATES 1029 West Third Avenue, Suite 400 Anchorage, Alaska 99501 Phone: (907) 27&9926 Fax: (907) 279-9926 FAX MEMORANDUM TO: PLANNING Si ZONING COMMISSION: Art Graveley, Carl GUck, PhII Bryson, Teresa Werner-Quade, Karen J. Mahurin, Ron Goecke, Barbara A. Nord, and Hal smaller Tlm Rumfelt, DEC Wetlands Division X269-750 RECEIVED FAX NO.: 283-3014 .~1N I 0 1998 FROM: Elizabeth S. Hanson, CLA CITY OF KENAI DATE: June 10, 1998 PUBLIC WORKS DEPARTME CLIENT NO: 96-208 NO.OF PACES (including cover): S MESSAGE: Faxed herewith Is a copy of our letter dated June 9, 1998, to Mr. La Shot for use at the 7:00 meeting tonight. This letter has been provided for you also In a package of information which you should receive tonight. Notwithstanding the duplication of effort, we simply want to call to your attention our very strenuous objection to the proposed resolution regarding the crush plant and asphalt plant. It is extremely critical to the EstatelTrust of Waldo E. Coyle that the resolution be denied, or in the alternative, that Mr. Goerig and other interested parties be allowed additional time in which to properly prepare objections to PZ98.28. Thank you once again for your consideration. Elizabeth S. Hanson, CLA Legal Assistant to George E. Goerig, Esq. The Information contained In this facsimile Is confldentlal andlor privileged. This facsimile transmisaton Is IMendsd to be reviewed initially by only the addressee named above. If the reader of this transmittal page Is not the Intended recipient or a representative of the Intended roclpfent, you are hereby notified that any review, dlsseminatlon or copying of this facsimile transmission or the information contained herein Is prohibited. If you have received this facsimile transmleslon in error, please Immedlatery notify the sender by telephone and return this transmission to the sender at the above address. Thank you. If you do not receive all pages, please call Barbara at (907) 278-9961. .~ GOERIG ~ ASSOCIATES Qeorge ~. Goerig Rser;clr Rumley June 9, 1998 City of Kenai Attn: 1V1r. Jack La Shot 210 Fidalgo Avenue, Suite 200 Kenai, AK 99611-7794 1025) apart 3rd Avenue, Suite 400 Ancl~orege, Alulee 514501 Teleplwna (90?) 2T8-9926 1'vaimile (90~ 2T9-9926 RE: Estate/Trust of Waldo E. Coyle Your Reference: PZ98-28 -Application to Amend Conditional Use Permit PZ95-30 by Foster Construction, Soldotna, Alaska Our File No. 96-206 P Dear Mr. La Shot: This Finn represents George E. Goerig, Successor Personal Representative of the Estate of Waldo E. Coyle, deceased. 1V1r. Goerig is also the Successor Trustee of the Waldo E. Coyle Declaration of Trust dated April 9,1991. The Coyle Estate/Trust owns real properly to the south of Beaver Loop Road known as Ruby's Dazzling Scenic View Subdivision which comprises 19.483 acres. This subdivision is directly across Beaver Loop Road from Tract 6, Horseshoe End at River Bend Subdivision, 2113 Beaver Loop Road, which is the site of the proposed crush/asphalt plant of Foster Construction, Inc. The Coyle estate/trust also owns other real property in the immediate vicinity, to-wit, a homestead comprising about 28 acres (1412 Bambara Drive) and approxunately 2 acres at l 501 Bambara Drive. On information and belief, all the above-described real property owned by the Coyle estate/trust is zoned Rural Residential. Also on information and belief, the site of the proposed site for a crush and asphalt plant is also zoned Rural Residential. Mr. Goerig strenuously objects to the proposal to amend the Fosters' current Conditional Use Permit PZ95-30 for several reasons, some of which are set forth below. 1. Establishment of a rock crushing and asphalt plant in immediate proximity to the very desirable lots in Ruby's Dazzling subdivision will certainly decrease marketability of the lots. 2. Implementation of such a proposed plant will adversely impact value of the recently subdivided lots in Ruby's Dazzling Scenic View Subdivision. The personal representative/trustee and the sole beneficiary of the estate/tnast are faced with settlement of huge liabilities, the payment of which depends heavily on sale of the lots in this new subdivision. City of Kenai June 9, 1998 Page 2 3. Implementation of such a plant will impact Ruby's Dazzling Subdivision and also all the other parcels in this area in which the Coyle Estate/Trust has an interest; the impact will be in reduced marketability and value and desirability in an area zoned Rural Residential, and also the impact will be manifested in more noise, heavier traffic IIow by large tanker or tractor trucks ingressing and egressing the area; increased expense in road maintenance; and increased noise and potentially decreased air quality in this area. The potential for petroleum spillage also exists. At this time, we respectfully request that the proposed Resolution No. PZ98-28 Conditional Use Permit be denied at public hearing on June 10, 1998. In the alternative, we respectfully request that the Council's action on the proposed resolution be postponed until interested parties can have adequate time in which to research the current conditional use permit of the Fosters' as well as research compliance or possible non-compliance with regulations pertaining to the application of the Fosters for an amended permit and for application with DEt~ for permit to operate an asphalt plant. Additional time is also necessary to obtain and analyze the following: The factual basis, including applications, drawings, photographs, notes to file, transcripts or excerpts thereof, reports, or other references or items of engineering, economic development, or other demonstrative evidence upon which the professional opinion is based that a gravel crushing and asphalt plant is consistent with the original permit; 2. A list by description of the "products" which would become available as a result of the application amendment if other than crushed gravel and asphalt; 3. A copy of the factual basis or of the report upon which the statement that the "products" would benefit the local community was based; 4. A precise description of the term "local community;" 5. The total economic or other benefit to the local community as defined above; G. A precise definition of the tens "competitive economic situation" as used in the notice; 7. A copy of the factual basis or of the report upon which the opinion that the crushed gravel and asphah would create the competitive econonuc situation as defined above; City of Kenai June 9, 1998 Page 3 8. A copy of that portion of the amended plan which is intended to show that the need for crushed gravel and asphalt within the City of Kenai outweighs any detrimental effects the operation may have on surrounding property owners as provided in KMC 14.20.154(a)(9); and 9. A copy of the proposed screening plant for the new operations; and 10. A copy of the narrative statement required by KMC 14.20.1 S 1(b) setting forth each and every requirement of subpart (b) of the ordinance. Additional time is also necessary to study and analyze the Heavy Construction Industry Check List for Air Quality Laws and the regulations of the State of Alaska with respect to operators of asphalt plants. Additional time is also needed to obtain and analyze pertinent portions of the Kenai Municipal Code relative to this matter. Additional time is also necessary to deterntine whether the Fosters intend to install a new plant or will install a used plant and whether the plant will be portable or stationary. Additional time should also be utilized to examine whether any wetlands in the area might be impacted by implementation of an asphalt or crushing plant at the proposed site. In summary, at this point, with the Public Hearing scheduled for tomorrow night, there is simply too much that is unknown about the Fosters' intent. Again, I ask that the proposed resolution be denied, or, in the alternative, the matter be postponed to a future time allowing interested parties to thoroughly prepare objections. In my capacity as personal representative and trustee, my duties include, to the extent possible, that I preserve the estate for ultimate distribution to the beneficiary entitled. In this matter, the ultimate beneficiary is Mrs. Sharalyn Sue Wright who is represented by Phil Nash, Esq. Mr. Nash will appear at the Public Hearing tomorrow night on my behalf as well as on behalf of his own client. Thank you for your consideration. Very truly yours, GOERIG & ASSOCIATES ~,~~ George E. Goerig City of Kenai June 9, 1998 Page 4 cc (via fax): Phil N. Nash, Esq. Cary R. Graves, Esq. John J. Williams, Mayor James C. Bookey, III, Council Member Joe Moore, Council Member Hal Smalley, Council Member Raymond Measles, Vice Mayor Duane Bannock, Council Member Linda Swarner, Council Member DEC -Anchorage Office (~ e_ . CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ 98-29 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, AMENDING THE KENAI MUNICIPAL CODE 14.20 KENAI ZONING CODE, DEVELOPMENT REQUIREMENTS TABLE. WHEREAS, the Planning and Zoning Commission determined that the current table is unclear; and WHEREAS, the Planning and Zoning Commission believes that clarifying the table by noting lot size requirements and setback requirements, and updating definitions and footnotes as necessary will alleviate confusion; and, WHEREAS, the Planning and Zoning Commission held a public hearing on June 10, 1998; and, WHEREAS, the Planning and Zoning Commission determined that the Development Requirements Table should read as shown on the attachment. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDS KENAI CITY COUNCIL AMEND KMC 14.20, DEVELOPMENT REQUIREMENTS TABLE. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 10'f' day of June 1998. ~\ a ~ z_ TEST: Planning Sect~e %~ Chairperson r 0 ei S F 0 W H D ~ O ~ ~ O a- N N N N N ~: y . _ ~ ~ ~ ~ ~ ,~' ' U 'a U a~i ° '~ -~ ~~ c ~ o ~ ,~? , 0 ~ ~ w x ; ~ ~ 8 8 8 8 8 ~ ~_ ` - -~-; ~ -.~' ~~': t~ I~ t~ [~ l~ g z z z z ~+ ~- 8 z z z z ~. . H a.+ V N ~ ~ ~ ~ n O~ N-w ~ ~ A O ~ ~'r _~ ~ _ _ ~ ~ , $ 8 " ~ ~ z z z ":, _ n N N -'A~~" `i; 'e`+c. ~ g + Q w aFj y ~ ~;, N N N N ~ ~ O N N ~ ~~ N ~ i, ,- ~ ~.' :~}e _ o^ { y ~ }' 'r : d .~ ._. ~- x .' A .9 ~ ~ a . ^» .S A ~ ~ A O p U 3 *?E w A ~~ ` , ~~ ~ w w ~ ~~~ , w ^ ~ o i ,TM.~ ~ ~? ~ ., ~, ~ ° ~ 9 ~ . M .~ y Q J7 w ~~ O ~~ ..CJ' «~ 8~ w ~ ~ o au~ r. N N 0 z Y Ci O H N 0 N u a a F H ~_ 'F. O ~` ~ O~ N ~ .~-~ .~+ N O M -; (,~< U U ' ~; ~$8 _ v~ y U w ,,.. ~ggt/ S" DWI ~ . ~. p ~p ..~ ~ ~ V1 O ~~ ::. ~ ~~.. 7y''\: ,. ~ ~ O N ~ ~ ~ N ~ O M i n ~ ~ pp N ~ ~, ~ N ~~~~+ N O M M :~,-t: 'i : . C/~ p N ~ ~ .~-~ N O M +~, •: O~ N ~ ~ .fir N O M F_; M ~:, ,~', pp O~ N .--~ .~ .~ ~ ~ ~ N O ch+1 M Vii= ~,x ~ .,~ `, k' .~ r ~ ~ ~ r' '' 6~ ~ ~ ~t ~ z : ~ ( 6r. . 1~ ~ f a <;. ~ - d <~ + ~ ~~ ~ ~ ~ ~? w ~ s ~+ $ x ~~ ~y ~. ~ ~ ~, o o~F ~~ k . :~~ ,~.' ~' =r ~ _' 7 r.. O 3 S °o O tl"'. T oyd W 9 r b ~~ O -+ 8 N T 9 '~ v 4 e iC C v ry~ .b ADDITIONAL REQUIREMENTS: Minimum Yards: Yards for Corner Lots: The minimum side yard on the street side, or platted right-of- way, or government easement, of a corner lot shall be the same as the minimum front yard required for that zone. (Ord. 1635-95) Maximum Heights: Height Limitation of Structures Near Airport: All structures in aircraft-approach zones and within 8,000 feet of the main runway shall be subject to height limitation on the basis of obstruction criteria as shown on the current FAA approved Kenai Airport Master Plan drawings which are on file at Kenai City Hall. ADMINISTRATIVE EXEMPTIONS: Setbacks: The administrative official may reduce setback requirements up to ten (10) percent based on submittal of a plot plan or an as-built survey. 572-02/16/98 Title 14 - 1 CITY OF KENAI 7,c Memorandum Date: 6/2/98 To: Planning and Zoning Commission From: Marilyn Kebschull, Administrative Assistant RE: VACATION -RIGHT OF WAY & UTILITY EASEMENTS GOVERNMENT LOTS 24, 44 & 45 The KPB Planning Commission reviewed and approved the above-referenced vacation at their meeting on May 26, 1998. The City of Kenai has 30 days from this date to veto this decision. The City Council will be reviewing this vacation at their meeting on June 17~'. Attached is information provided by the KPB Planning Department as well as the staff comment prepared for your May 13`" meeting. Please review this information. At your May 13`" meeting, the Commission did not provide any comments and recommended approval of the vacation. The Commission should make a formal recommendation to Council on this vacation request. STAFF REPORT To: Planning & Zoning Commission Prepared By: JL/mk Date: May 6, 1998 GENERAL INFORMATION Applicant: Cliff Baker 605 Swires Dr. Kenai, AK 9961 1 David King 8207 Kenai Spur Highway Kenai, AK 9961 1 Requested Action: Vacation Right-of-Way & Utility Easements Legal Description: Government Lots 24, 44, & 45 Existing Zoning: RS-Suburban Residential & CG-General Commercial GENERAL INFORMATION: Applicants are petitioning to vacate easements for public right-of-way and utility purposes within the southerly 33 feet of Government Lot 24, and within the northerly 33 feet of Government Lots 44 and 45. City Engineer: These existing right-of-way easements are currently undeveloped. It is unlikely they would be needed for either access or utilities in the present alignment. The property would best serve the city by being available for development by adjacent property owners. CONCLUSION: Any concerns or comments regarding the proposed vacation will be provided to City Council and Kenai Peninsula Borough Planning Commission. ATTACHMENTS: 1. Letter from KPB dated 4/28/98 2. Notice of Public Hearing 3. Maps ~ 4. Petition 1{ENAI PENINSULA 80R0001~-1 144 N. BINKLEY SOLDOTNA, ALASKA 99669-7599 ~A BUSINESS (907) 262-4441 FAX (907)262-1892 May 28, 1998 MIKE NAVARRE MAYOR Kenai City Council 210 Fidalgo, Suite 200 Kenai, Alaska 99611-7'750 Dear City Council Members: RECE~~~'~.~ KE{~~I C{TY CLERK RE: Petition to vacate the 33 foot wide easements for public right-of--way and utility purposes within the southerly 33 feet of Government Lot 24, and within the northerly 33 feet of Government Lots 44 and 45; all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska; Kenai Recording District and within the City of Kenai. The easements were granted by BLM patents; KPB File - 98-090 In accordance with AS 29.40.140, no vacation of a city right-of--way and/or easement may be made without the consent of the city council. The referenced vacation was approved by the Planning Commission subject to staffrecommendations at the May 26, 1998 regularly scheduled meeting. Staff's recommendations are included in the minutes. A roll call vote was taken with all Commissioners present voting yes. This petition is being sent to you for your consideration and action. The City Council has 30 days from May 26, 1998 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30-day period, the decision of the Commission will stand. Draft, unapproved minutes of the pertinent portion of the meeting and other related materials are attached. Sincerely, ~~~- ~_ isa M. P ~ er Planning Director LMP:ria Attachments cc: David King C1iffBaker AGENDA ITEM F. PUBLIC HEARINGS 1. Petition to vacate the 33 foot wide easements for public right-of--way and utility purposes within the ~ southerly 33 feet of Govemment Lot 24, and within the northerly 33 feet of Govemment Lots 44 and 45; all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska; Kenai Recording District and within the City of Kenai. The easements were granted by BLM patents; KPB File - 98-090 Staff report as read by Lisa Parker. PC Meeting 5/26/98 Petitioners: Cliff Baker of Kenai, Alaska and David King of Kenai, Alaska. Purpose as stated in petition: The consideration of a ROW in this location would be undesirable. The vacation would allow better development of properties adjacent to a five lane highway. Public notice appeared in the May 14 and May 21, 1998 issues of the Peninsula Clarion. Twenty five certified mailings were sent to owners of property within a 300 foot radius; and to other interested parties. Twenty-four of the receipts were retumed. One mailing was retumed marked "Unclaimed.• Statement of non-objection: • PTI Communications Statement of Objection • None received KPB Department Review Comments • Coastal Zone Management had no objections and no comments. KPB STAFF FINDINGS 1. Sufficient rights-of-way and easements have been dedicated and granted to serve the surrounding properties. 2. The right-of--way easement proposed for vacation does not appear to be in use for access. 3. The right-of-way easement proposed for vacation is adjacent to the Kenai Spur Highway, a State maintained right-of-way. 4. If the Alaska Department of Transportation & Public Facilities is claiming this easement as part of the State right-of--way, their consent to the vacation will be required. Staff does not object to the vacation of these easements. Following approval of a vacation, the vacation is not actually accomplished until such time as an approved plat is filed with the State Recorder. Staff recommends that if the Commission approves the vacation, the approval condition include the following: 1. Submittal of preliminary plat in accordance with Chapter 20 of Borough Code of Ordinances. (FINAL PLAT MUST BE SUBMITTED WITHIN ONE YEAR OF VACATION APPROVAL.) The City Council of the City of Kenai has thirty days in which they may veto Planning Commission approval of the vacation. NOTE: If vacation is denied, petitioner has eight calendar days in which to appeal the Planning Commission denial. Written appeal must be submitted to the Kenai City Clerk. While reading the staff report, Ms. Parker advised that staff recommended an appropriate resolution be brought to the Planning Commission in accordance with Chapter 20 of the Borough Code. END OF STAFF REPORT KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 26, 1998 MEETING PAGE 11 UNAPPROVED ~Ii~JUTES Chairman Hammelman read the rules by which public hearings are conducted and opened the meeting for public comment. 1. Cliff Baker, 605 Swires Road, Kenai Mr. Baker said he was one of the petitioners. He received a letter from the Department of Transportation stating they did not have any concerns or problems with the proposed vacation. Seeing and hearing no one else wishing to speak, Chairman Hammelman closed the public hearing and opened discussion among the Commissioners. MOTION: Commissioner Clutts moved, seconded by Commissioner Boscacci, to approve the vacation as petitioned subject to staff recommendations. Commissioner Coleman asked Vice Chairman Bryson about Kenai Planning and Zoning Commission comments. Vice Chairman Bryson said he did not attend the last meeting and did not know. VOTE: The motion passed by unanimous consent. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES YES YES YES ABSENT YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK NINE YES YES YES ABSENT YES YES TWO ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 26, 1998 MEETING PAGE 12 UNAPPROVED MINUTES THE PENINSULA CLARION KENAI PENINSULA BOROUGH PLANNING COMNIISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE RIGHT-OF-WAY AND UTILITY EASEMENT WITHIN THE CITY OF KENAI. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: VACATE THE 33 FOOT WIDE EASEMENTS FOR PUBLIC RIGHT-OF-WAY AND UTILITY PURPOSES WITHIN THE SOUTHERLY 33 FEET OF GOVERNMENT LOT 24, AND WITHIN THE NORTHERLY 33 FEET OF GOVERNMENT LOTS 44 AND 45; ALL WITHIN SECTION 34, TOWN- SHIP 6 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA; KENAI RECORDING DISTRICT AND WITHIN THE CITY OF KENAI. THE EASEMENTS WERE GRANTED BY BLM PATENTS. B. PURPOSE AS STATED IN PETITION: THE CONSIDERATION OF A ROW IN THIS LOCATION WOULD BE UNDESIRABLE. THE VACATION WOULD ALLOW BETTER DEVELOPMENT OF PROPERTIES ADJACENT TO A 5 LANE HIGHWAY. C. PETITIONER(Sl: CLIFF BAKER OF KENAI, ALASKA; AND, DAVID KING OF KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON TUESDAY, MAY 26,1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILDING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN THURSDAY, MAY 21, 1998. [WRITTEN COMMENTS MAY ALSO BE SENT BY FAX TO 907--262-8618] IF THE PLANNING COMMISSION APPROVES THE VACATION, THE KENAI CITY COUNCIL HAS THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE PLANNING COMMISSION DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE KENAI CITY CLERK. FOR ADDITIONAL INFORMATION CONTACT BOBBIE HARRIS OR MAX BEST, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH). BOBBIE HARRIS PLATTING OFFICER PUBLISH 2X (THURSDAY MAY 14 AND MAY 21, 1998) ~-°~ns ~ . 0 ti Q U 'Q al s os .. ~ a 3AItl0 S MS O~ 10) 10~ N Q 61 ~ m 1' r 1 ~ O~ a ~~~' ~~ ~O`J ~~9 tNt[ Q 1 ~ ¢ `f N O,J ~ ~f c l °1 sl i N Z~ Sb [n Q O, 1~) 1~) ~ - - - O 1O) '~ .( 1 Q /~ ..S ~lIyIHS .70~ '~ ~~9 S N VQ ~~~ m~ N ~/ ~ ~ 9 ~i 91 ~ 3 10 10, 1 N = N ~ u'!L3 O~ Ur •( ,( ,~ H ~ N HBO d[7 S .'O~ 'O~ •'~9 N N Ila Q N .+ a sly ~t ``1 N ~ N ~6 .. ~'~ Q l ,~ 10) O~ H N 10) y J 1 Q Q 'Nl N3AYH A1SIN `9l N B6 ~ (O 10) N 1~) ~"y m 9 O~ as?. ~ K ` `, O . S m -~ ~ j s log W o > '~ a r N a m a s 7~~_ m „ ~~ a ~- W ~ wa ~ ' N1 HSf18H9IH m I ~ of y3~, [.fir ;v J a ,. n 10~ m ~ 'fin, '~ ~ ~ m '~' a ~ m r,~ I 1 ~ .r ' 70 m v ? <~ i ~ ~ _ [n ~~ NY9INNtltlB z o :~ F Q u~ > '~ c3 ~~ °a z ~a~ LL (_+ M Izrl Q N FBI ~ Vort ~Q~ ~o~" a '" N zo ~a ~~ x~ ~~ ti ~O t '~O ~O t 1~ FOt '~O °o~ to So `l0 'Od S3dIM ~1~. i4:, r~l. i. ;t ~~:: fix:, '.q ,~;,. i. ,~~r ,~1' r."+ :c s a ''~ ~ a ~ e ~a ~~ $~ ~~ .~• ~ ~ z ~ ~`~- 3 - - ~ - - ~- g an}aQ sasung - ~ ~ - 9 ~ ' ~ .a'~s i I I - ~ ' ~ ~~ ~ ' ~ ~~ ~ ~ a ~ ' i ~' ~ ~ ~~ j e ~ ~' I ' ~ I ~ ~~ = ~ - - --L ~ ~ ~ ~ -~~ ~~ ~ .~, a ~ ~ ~ s ~ ~ ~~ a ~ "s ~ ~ ~ -~~ ---------------I _I ~• ~ 1 ~_~_ - -------------' J ----- J ~~ ~-, COASTAL ZONE MANAGEMENT ~~~ THE PENINSULA CLARION GLENDA LANDUA ~O, ~ KENAI PENINSULA BOROUGH ~~ PLA-NNING COMNIISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION HAS BEEN RECEIVED TO VACATE RIGHT-OF-WAY AND UTILITY EASEMENT WITHIN THE CITY OF KENAI. AREA UNDER CONSIDERATION IS DESCRIBED AS FOLLOWS: A, i.OCATION AND REQUEST: VACATE THE 33 FOOT WIDE EASEMENTS FOR PUBLIC RIGHT-OF-WAY AND UTILITY PURPOSES WITHIN THE SOUTHERLY 33 FEET OF GOVERNMENT LOT 24, AND WITHIN THE NORTHERLY 33 FEET OF GOVERNMENT LOTS 44 AND 45; ALL WITHIN SECTION 34, TOWN- - SHIP 6 NORTH, RANGE 11 WEST, SEWARD MERIDIAN, ALASKA; KENAI RECORDING DISTRICT AND WITHIN THE CITY OF KENAI. THE EASEMENTS WERE GRANTED BY BLM PATENTS. B, ~i1RPOSE AS STATED IN PETITION: THE CONSIDERATION OF A ROW IN THIS LOCATION WOULD BE UNDESIRABLE. THE VACATION WOULD ALLOW BETTER DEVELOPMENT OF PROPERTIES ADJACENT TO A 5 LANE HIGHWAY. C. PETITIONER(Sl: CLIFF BAKER OF KENAI, ALASKA; AND, DAVID KING OF KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON TUESDAY, MAY 26, 1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMINISTRATION BUILDING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTffY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINICLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN T~I~'"~"- ~$I;1998. [WRITTEN COMMENTS MAY ALSO BE SENT BY FAX TO 907--262-8618] IF THE PLANNING COMMISSION APPROVES THE VACATION, THE KENAI CITY COUNCIL HAS THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL. IF THE PLANNMG COMMISSION DEMES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE KENAI CITY CLERK. FOR ADDITIONAL INFORMATION CONTACT BOBBIE HARRIS OR MAX BEST, RESOURCE PLANNING DEPARTMENT, 262-4441 (1-800-478-4441 TOLL FREE WITHIN KENAI PENINSULA BOROUGH). BOBBIE HARRIS PLATTING OFFICER PUBLISH 2X (THURSDAY MAY 14 AND MAY 21, 1998) ;~,, !`~ J~:• ;;~ . ~;. ~. ,.. .: ~~. . :e~ ,,'. -; :~ ,:' r" ,.. r \ ~ x ~ ~ Z •~ _, ~ ~ ~ ~` a x .. ~~~ ~ ~ ~© '.~ ~ p ~ v S L ~ 1 1 1 !~ J ' --- ~ _ ~ - ~ J I ~ ~ . 1 'a - - -~ --l a,. ' r s ~ ' ' ~ ~ ? .Q ~ ~ s ~ > ~ '`~ ~ ~ : ~ ~ y~~ a ~: i =@a I f iM1liQ lL1O~5` ~ ~-4 =-----------------'- J ~ ~ - ~ ~ ' ,.~~23~s\ n~~ ~ ~~~ /~; o .~ ~- y~98 ' ~'a X£NgR~E/VFD ~ .~ p~gN~~~NBap~ x~ ~. tr 5 j~i `^y %J SENT BY: :~"~ P ?-98 11:44; 9072628618 => 907 N' i~~ 210 2?y\ ..,.;^i,;; . L1VINSULA ~UROUGH PLANNING DEPAItTPdh,:~y Nr~~ ~ `` YE11 I IUN 1'U VAC'ATE REC~p ~^^ Pt1l3LIC R[GH'1'-OF-WAY/SECTION LINE EASEME6tP~i DEi•' NNtNG J: UDLIC HLARIN~i FZI:.QUIRL'D `%+trti%=°:=-' Llpun receipt of ci,mplete application with fees and all required attachments; a public hearing before the f'lanninx Commission will be scheduled. ~C] ('ccs - $3Q0 nun-refiuulable fee to help defray costs of advertising public hearing. Any reduircd plat fccs..will bcin addition to vacation fees. ({ i'ublic right-of-way proposed to be vacated is dedicated by plat of _ ,, Subdivision, tiled as Plat No.!_ itt _ Recording District. Vocation u!' associated utility casements. Are casements in use by any utility ciimpvty; if so which'? [XJ lrasentcnl fur public rua<I ur right-uf--way ac set. out m (specify type of document) _., PQTt-L-r,~ Fo,2 b~wv cs~rs recorded in hook __ _ Psgc of the __ _ Kccurding Iistrict. (C'opy of recorded ducu;nent must be suhmittcd with petition) zy H y ,; Ns' ( 1 $eGIIOII I.in(: Easement / [ ] Submit three copies of plat or map shi,wing area proposed to be vacated. if right-of-way or cascutem wos I;ranted by ducwnenl; one copy of recorded document must be suhmittcd. Has right-af=way been fully ur ptulially constructed'? ( (Yes [X] No is rif;ht-of-way us+•d by vehicles/pedestrians/other'? [ ] Yes [ic( Nu ~ Has section line casement been cunstructed7 [ ]Yes [ ] No Is section line casement being used'? ( I Yes [ ] No "I'hc petitioner mast provide reasunahlo Justification fur the vacation. Keasnn f'ar vacating T~±~ IoM s_n2uc.na-~_ nF ,d ~o,~ i ~! T}1-~ 5 _, c,oc_.arro~t ._ _.....lynu..n E3E _, ur-1 De's!«'$,~.6 ~ T1fE__ ~/,4G,4no~ wvur~n ,_,M~.oc.J t3~~lTt7Z...Qs=VnLOOryr)G:~~% rJF'_.._~2oPc"rtTl.b"~ .4-(~.IACt-n.ii TU. f} S LAp./ I ~ G, th.i~Y,_- -_ .. _ ..._ ._ .. . The Ixailion -nust be signed (+n~itten signature) by owners of majority of the front feet of land fronting part ofright-uf--way or section line easentenl proposed to he vucttted. I?aeh must include mailing address and legal description of his/ltcr property. Submitted hy: Signature ~ y ~ F F ~ ,c,c~C- Namc ~.LNrtz,2~rY, '.~.~~ YS Address __„(oo~ Sw~a~Q,2. Phone _,_ Gov z9,~~c~~7 Petitioners: Signature ~' _ Signature ~ ~__ ~ Name ~, ~ _ cc•2 Nome ~, ~ ' ~. _._ .._ rlddress .__ w;~tc`5 , 01. Adtlress , tiV ...,. /._ 1~~.4-r , , ~ _ . Owner of _~,_ Cnov7 wr ~-t .,,,_, (~wncr of ~.oy'T Lvr ti5~ Signature _ , __. Signature _ ._ __ Name __ _ _. _.- Nome .. Address _. Adilress __.,,,.._ t.)wncr of ~ Owner of ~ ,- ~~~ ~1 F~~ ~ i t .~ Y7~PARTMENT OF TRH '~.-/ ti: ,NSPORTATIUN ANI] PUBI.iC ~`A~tT xTIFS cENrR,~c y°~`s, i~tntG Ms. Robbie Harris Borough Pldtking Officer Kenai Peninsula Borough 144 North Binkley Soldotna, Alaska 99669 Dear Ms. Harris: r ~' .70NYKNOWLES, C+QVEANQA i 4iii AVJATIONAYENU~ ~ P.~ BOX i9S900 ANCHORAGE, ALASKA 99519.8900 1 (TOD 2S9-OE74} ~ao~}.ass-cr~~o ~F,vc~ss-oszt~ E pbsttt" brand fax transmittal merr-n 7571 +~ °' o +"-' :,,J ~- ' n ~, C G T'he Department ofTrsztsportation and Pubiie Facilities (ll0'i'c~ZPF) has reviewed tZae ROW Basement Vacation, Easements assaciatcd with Goveznment lots 24, 44 & 45 and has rrv comments. Ikiveway permits must lie abtaixrecf for any access to a state awned right-af way. Applicants must apply far driveway p~-rrnits at the local Alaska Department of Transportation & Public Facilities (A.DOT&f'F) Maintenance Offzce. The local ADOT&PF Maintenance Office may ~ require a field inspection of the proposed location. with fhe applicant to ensure that the access meets the departrrtent's requirecnents_ Approval of a plat by the department does not ensure that the access pernut will be approved. Applicants are encouraged to contact the local ADOTRcPF Maintenance Office as early as possible, Thank you for the oppuRUttiry to comment an this plat. If you have any questions, please contact nze at 269-OSt}7. S' ciy, Rex Young,l Area Yla~er ec: Murph OI~Bricn, Kenai Area Planner Cireaz ~e ehtttch.. Maintenance Superintendexrt, i~exrai CITY OF KENAI ~~'~ ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ,u~~.alr tII'~1 1992 May 27, 1998 CERTIFIED NO.: Z 466 063 058 Larry L. Bowen 212 Lexington Avenue Kelso, WA 98626 Dear Mr. Bowen: RE: LOT 35, BLOCK 2, BUSH LANES SUBDIVISION -1237 LILAC LANE 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 12.25.030 (c) Leaving of Wrecked. Discarded, Non-Oneratin or Illegally Parked Vehicles. I have attached a copy of this section of the Kenai Municipal Code for your review. The Kenai Peninsula Borough will accept vehicles for disposal. There is no fee to private individuals. I am attaching a copy of the Borough's checklist for disposing vehicles. If you need more information on this program, contact the Kenai Peninsula Borough Solid Waste Office at 262-9667. In addition to the vehicles, there is a considerable amount of debris and an unoccupied travel trailer. This could be a health and safety issue. Please take steps to alleviate these problems. If I can provide any further information, contact me at 283-7933. Sin~Eerely, / l1 Gt~~~t~ Marilyn Kebschull Administrative Assistant Attachment CITY OF KENAI ~~ -- G~ ~ y4~~~ -, ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ad tlllf~ is~: May 28, 1998 CERTIFIED NO.: Z 466 063101 Margaret Jackson 213 Linwood Lane Kenai, AK 99611 Dear Ms. Jackson: RE: LOT 4, BLOCK 2, KAKNU CORNERS 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 9.10.090 Nuisance, KMC 9.10.100 Dumnine Refuse in Citv Streets and KMC 12.20.030 Debris and Junk Prohibited. I have attached a copy of these sections of the Kenai Municipal Code for your review. Please take whatever steps are necessary to alleviate this problem. If you feel you are not in violation of these sections of the Kenai Municipal Code, please contact me to discuss the situation. If I can provide further information, contact me at 283-7933. Sin .rely ~ „~ 4 ~ E~~r.~-~:, IV Marilyn Kebschull Administrative Assistant Attachment n ~--'~~- ~. -' AGENDA KENAI CITY COUNCIL -REGULAR MEETING JITNE 3, 1998 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.Kenai.net/city A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part. of the General Orders. B. SCHEDULED PUBLIC COMMENT (10 Minutes) C. PUBLIC HEARINGS ~~ 1. Ordinance No. 1783-98 -Adopting the Annual Budget for the fiscal G/~a~98' Year Commencing July 1, 1998 and Ending June 30, 1999. ~,G9~d /,J. 2. Ordinance No. 1784-98 -Amending Kenai Municipal Code 14.20.230 to Require Permits for Home Occupations. ,~- ~i~ G , 3. Resolution No. 98-32 -Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 1998 and Ending June 30, 1999. ~/~o/ ~ 4. Resolution No. 98-33 -Awarding the Bid for the Alaska Regional /~~ ~' Aircraft Fire Training Facility Phone System to Communications Alaska (A) for a Total Amount of $15,975. ~~ 5. Resolution No. 98-34 -Awarding the Bid for Alaska Regional Aircraft Fire Training Facility Equipment to L.N. Curtis & Sons for a Total Amount of $144,061.15. ~p~,~~~ 6. Resolution No. 98-35 -Supporting "Census 2000" by the U.S. Census Bureau. -1- ~~q~,a' G! . 7. Resolution No. 98-36 -Awarding Janitorial Contacts for the City Administration Building, the Public Safety Building and the Library to Cleanway Janitorial Services for the Period July 1, 1998 Through June 30, 1999. ~~~,~~ ~. 8. Resolution No. 98-3? -Transferring $4,000 in the Boating Facility Enterprise Fund for Fuel Purchases. ~~~t~~' ~ 9. Resolution No. 98-38 -Transferring $161,193 in the Kenai ARFF ~~~ ~• Capital Project Fund for Equipment Purchases. D. COMMISSION/COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks 8v 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. *Board of Adjustment Hearing/Appeal of Jerry Stock of May 20, 1998. 2. *Regular Meeting of May 20, 1998. F. CORRESPONDENCE G. OLD BUSINESS ~~~~~ ~~~~i9 ~. Discussion -Historic District Board/Scheduling of Work Session `~.E:~' H. NEW BUSINESS ~G~-e~G1• 1. Bills to be Paid, Bills to be Ratified ~~~~ G/, 2. Purchase Orders Exceeding $2,500 -2- 3. *Ordinance No. 1785-98 -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. 4. *Ordinance No. 1786-98 -Appropriating X60,000 for Design Services for the Challenger Learning Center of Alaska in the Challenger Capital Project Fund. ~a~,^ey~~ 5. Approval -Termination of Lease/Lot 1, Spur Subdivision, Senior Citizen Addition -The Continuum Corporation. ~~'~/~~/~ 6. Approval -Special Use Permit Renewal/Kenai Municipal Airport, Space 31 -Dottie Fischer. 7. Discussion -Maintenance and Operation Agreement Between City of Kenai and Kenai Visitors & Convention Bureau, Inc. EXECUTIVE SESSION -Evaluations of City Attorney and City Clerk (if time allows). I. ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Director 7. Airport Manager J. DISCUSSION 1. Citizens (five minutes) 2. Council K. ADJOURNMENT -3- ., f;:._ ~ ~ r /I KENAI PENINSULA BOROUGH PLAT COMMITTEE n , BOROUGH ADMINISTRATION BUILDING T~ ' PLANNING DEPARTMENT ~ ~~ SOLDOTNA, ALASKA ~ ~ ~, ~C`O \ June 8, 1998 5:30 P.M. 'OC~, (~ ~;~-~~;. ~'~ ~,: Tentative Agenda if„ -y . -~, A. CALL TO ORDER Members: B. ROLL CALL Philip Bryson Kenai city C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES Term Expires 1998 Wes Coleman 1. Agenda Soldotna city Term Expires 1999 2. Member/Alternate Excused Absences -None Leroy Gannaway Homer City 3. Minutes Term Expires 1998 Ann Whitmore-Painter a. May 26, 1998 Minutes Moose Pass Area Term Expires 2000 p, CONSIDERATION OF PLATS ' ALTERNATES: 1. Watson Tracts East Hill Road, City of Homer Wayne Carpenter Preliminary; Johnson Surveying Seward City Term Expires 1999 KPB File 98-108 Brent Johnson 2, Silver King Eleven; Anchor Point Kasiiof Area Term Expires 2000 Prelimina ;Anderson Develo meet Consultants i'Y P KPB File 98-109 Tam Knock Cooper Landing Terre Expires 1998 3. Epperson's Hill Park North Fork Road, Epperson Lane Preliminary; Anderson Development Consultants KPB File 98-110 4. Trout Court Subdivision Kenai River & Feuding Lane Preliminary; McLane Consulting Group KPB File 98-111 5. Nordby No 7; Kachemak City Preliminary; Ken Branch KPB File 98-113 1 E. ADJOURNMENT i .~= ~°~ ~.. '-R The next regularly scheduled Plat Committee meeting is June 22, 1998 at 5:30 p.m. in the Planning Department at the Borough Administration Building in Soldotna. a KENAI PENINSULA BOROUGH PLANNING COMMISSION BOROUGH ADMINISTRATION BUILDING SOLDOTNA CITY COUNCIL CHAMBERS SOLDOTNt~, ALASKA June 8, 1998 7:30 P.M. Tentative Agenda A. ]ohn Hammelman Chairman B• Areawide Term Expires 1999 C. Philip Bryson Vice Chairman Kenai City Terrn Expires 1998 Ann Whitmore-Painter Parliamentarian Mooae Pass Area Tenn Expires 2000 Peggy G. Boscacci PC Member Seldovia City Tenn Expires 2000 '~ Wayne Carpenter ' PC Member Seward City Term Expires 1999 Robert Clutts PC Member Anchor Poirrt Term Expires 1998 Wes Coleman PC Member soldotrra cay Term Expires 1999 Leroy Gannaway PC Member Homer City Tenn Expires 1998 Ellis Hensley, Jr. PC Member Nikiski Term Expires 1999 scent Johnson PC Member Kasilof Area Term Expires 2000 Tom Knock PC Member Cooper Landing Term Expires 1998 CALL TO ORDER ROLL CALL ~'i~`°~ '~~ -~ •., APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda If you wish to comment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests -None 2. Plats Granted Administrative Approval 3. Plats Granted Preliminary Approval under 20.04.070 -None 4. Plat Amendment Requests a. Horizon South Plat 77-66 HRD; KPB File 98-115 Location: Diamond Ridge Road 5. Coastal Management Program a. Coastal Management Program Consistency Reviews 1) Anchor Point; Road and Bridge Construction; North Fork Anchor River 1; Shafer; AK9804-11AA b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations 9 F~~~~~ 1 ~,~ A~. >~ ~. `~,, ~,. '`~ ,~ i ~ ~. 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. No excused absences requested. 8. Minutes a. May 26, 1998 Plat Committee Minutes b. May 26, 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 artangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Vacate a portion of a 33 foot section line easement within Tracts 2C-2 & 2C-3, Sonnichsen S/D 1996 Addition; Sec 25, T3 S, R15W, S.M., AK. In the Cape Starichkof area; KPB File 98-105 2. Vacate the twenty foot alley lying between Tract A-2 and Lot 6-A, Block 5, Glacier View S/D No. 19; Sec 20, T6S, R13W, S.M., AK.; within the City of Homer; KPB File 98-100 3. Vacate the portions of the 33 foot section line easement within the easterly and southerly 33 feet of SE1/4 SE1/4 Sec 15 and the portion of the 33 foot section easement within the northerly 33 feet of the NE1/4 NE1/4 Sec 22; all within TSN, R11W, S.M., AK. East of Bridge Access Road north of Kalifornsky Beach Road; KPB File 98-104 4. Land Use Permit for a Gravel Site; Tract B, Southeast Forty Subdivision, T4S, R15W, Section 36, S.M., Anchor Point Area; Shafer 5. Geographic Name Proposal; Helen Rhode Mountain; Between Cooper Creek and Russian River; Cooper Landing Area 6. An Ordinance Clarifying and Modifying the Sale Terms for Gray Cliff and Moose Point Subdivision Lots Authorized for Sale by Ordinance 97-36 and Authorizing the Sale of 11 Additional Lots z } G. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate ten foot utility easements adjacent to side and rear lots lines Lots 1-4, 13 & 15, Block 16, Carl F. Ahlstrom S/D; Sec 25, TSN, R11 W, S.M., AK; within the City of Kenai; KPB File 98-091 H. SPECIAL CONSIDERATIONS Hillside Park Subdivision -Time Extension Request KPB File 97-133 [Ken Branch] Location: Within Kachemak City I. CONSIDERATION OF PLATS Five plats are scheduled for review by the Plat Committee. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS Review of the Kenai Peninsula Borough Draft Comprehensive Trail Plan 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 Res9lution 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; carried forward from October 13, 1997 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; carried forward from January 26, 1998 Postponed until brought back to the Commission by staflf. 3. Public Hearing; 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; Carried forward from May 26, 1998 Postponed to 2000. 4. 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. Public Hearing; Petition to vacate the section line easement within Sections 7 & 18; all within TSN, R11W, S.M., AK; partially within City of Kenai; KPB Files 98-071 & 98-075; carried forward from May 11, 1998. Postponed to November 9, 1998. 6. Public Hearing; Petition to vacate the 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; carried forward from May 11, 1998. To be reconsidered June 22, 1998. Q. ADJOURNMENT The Plat Committee will meet on June 8, 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 22, 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 22, 1998 at 7:30 p.m. in the Assembly Chambers of the Borough Administration Building, Soldotna. MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Assembly Notice of Decision, Appeal of Planning Commission Decision, Petition to Vacate the Entire of the 10 Foot Utility Easement; Romack Court, Clemens 2. Kenai Planning & Zoning Commission May 13, 1998 Minutes 3. Kachemak Bay Advisory Planning Commission June 4, 1998 Agenda PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 e-mail address: planning@borough.kenai.ak.us web site: www.borough.kenai.ak.us/Planning.htm OTHER MEETINGS Funny River Advisory Planning Commission June 8 Kachemak Bay Advisory Planning Commission June 18 Anchor Pont Advisory Planning Commission July 7 Funny River Advisory Planning Commission July 13 1~ ~~ CITY OF KENAI •~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 ~ ~~~ ~~~~~r 1992 MEMORANDUM TO: Commission, Committee and Board Members FROM: Carol L. Freas, City Clerk City of Kenai DATE: June 2, 1998 RE: EXCUSED ABSENCES It has come to my attention there have been several times lately that requests for excused absences from meetings have been made by commission, committee or board members and granted by chairpersons. While your informing your particular group and administration you will not be attending a meeting is appreciated, the Kenai Municipal Code does not allow excused absences. KMC 1.90.050(b) states, If the commission, committee or board member shall be absent from more than one-half of all the meetings of his/her committee, commission or board, regular and special, held within any period of three (3) consecutive calendar months, he/she shall thereupon cease to hold the seat. Some of you who have been a board, commission or committee member for a long time, may remember "unexcused absences" in the wording. That wording was changed to the above in 1994 in an effort to decrease the lack of quorums that were occurring. Thanks again for the time and effort you volunteer to the city. We do appreciate it very much. If you have any questions or concerns, please call me at 283-7539. clf L~ CITY OF KENAI •.~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 ~! w•~nua4 1III~1 1992 MEMORANDUM TO: Mayor and Council Members FROM: Carol L. Freas, City Cl rk City of Kenai DATE: May 29, 1998 RE: HISTORIC DISTRICT BOARD REQUESTED INFORMATION During your May 20, 1998 council meeting, information was requested in regard to direction given to the Historic District Board and other general information. Attached please find the following: 1. 10/29/97 JW letter to Historic District Board members. 2. 10/30/97 RAR memorandum regarding options available to Council regarding Townsite Historic Zone issues with MK memorandum regarding CLG requirements attached. 3. 11 / 17/97 HDB meeting minutes regarding comments and direction made by Mayor Williams to the Board. 4. 1997 Annual CLG Report. clf ~~~~~ Attachments ~~~ ~ ~/ x~ a~ ~~a~ M, /99B k~br~ ~e9,ru-~ ~i ~b~! c~~.~.~ October 29, 1997 RE: HISTORIC DISTRICT BOARD CONCERNS ~Op~y The Kenai City Council requested I correspond with you to congratulate you as a member of the Historic District Board on the Board's past successes, i.e. grant acquisitions, recognition received, and projects completed. The Board's work, along with local service organizations, has been recognized by many members of the community as well as the Council. Also, this letter is written to express Council's areas of mutual concern in regard to the operation of the Board. It was noted in the Board's October meeting minutes and reported by Councilman Moore and City Attorney Graves, the Board would like to have a "stronger role" in the planning process of Old Towne and that the Board believes it "lacks any real regulatory authority," and its function is not clear, "Who am I and why am I here?" When a group of citizens present a compelling case to the Council to cause the Council to form a new group and the Council accepts the responsibility of oversight and funding with city dollars to the degree required, then the newly formed group becomes the responsibility of the City. So it was with the formation of the Historic District Board. T~ze Council believes it is the responsibility of the Board to carry out its task and responsibilities of development and implementation of the program that initially brought them so passionately to the Council. It is not the Council's responsibility to plot the course for the Board, but rather the other way around. The Board must develop and seek the course for the Council for implementation of its plan. However, every board, commission, or committee must remember the final decision for its future rests with the Council and the Council only. The only exception is the City's Planning & Zoning Commission, which has regulatory powers granted to them by statute and ordinance, and who has broad responsibilities and must participate in the October 29, 1997 Page 2 regulatory authority of the Alaska Public Offices Commission (APOC) with regard to full disclosure, conflict of interest, and financial revelations. The Historic District Board does not fall within the purview of the APOC and therefore, has no direct responsibility of implementation or authority to decide other than as an advisory group presenting facts to the Council. Other than the Planning & Zoning Commission, there are no other boards, committees, or commissions of the City that has authority to make binding decisions. Even decisions of the Planning & Zoning Commission may be overturned by council through aCode-defined appeal process and public hearings. The Council is the elected body and must protect at all costs, the viability of the City. The Council is answerable to all of its 7,000 citizens. The Council is ultimately responsible for litigation if things go wrong, i.e. Pelosa. The Council makes all final decisions. The Council must blend the program into both the city's present and future needs to see if the program truly fits and can benefit some, most, or all the citizens and to what degree. In the past, you, as a Board, have presented your plans and I believe, have succeeded in carrying out most of those plans. The Council, as a result, is somewhat mystified as to the call for more responsibility and authority. Another concern of council is the inability of the Board to meet on a regular basis and to retain its membership. The Board was formed under the city ordinances regarding boards, commissions and committees. In the creation of the Board, special considerations were given regarding membership, city residency of its members, and the number of board members. KMC 14.20.105 was written to accommodate your Board. Having been formed, it is the responsibility of the Board to adhere to the established ordinances and all other laws of the city, state, and federal government and to maintain its membership, conduct its meetings with quorums, report to council on a regular basis, and advise other boards, committees and commissions who may have overlapping responsibilities in the same area of the Board's plans. Following is direction as to the future of the Historic District Board: Refresh the Board's plan of operation for its continuation as a duly recognized board within the city. Present the plan to Council. 2. Clearly understand there will be no transfer of responsibility or authority regarding final decision-making to the Historic District Board from the Council. 3. The Board's "role" in the planning of the Townsite Historic District is subservient to that of the Planning 8v Zoning Commission and ultimately the City Council. This will not change. October 29, 1997 Page 3 4. The Board's membership must be reformed with citizens who are objective, wish to serve, and who can commit their time and energy to the Board's work. If interested people are found, they must submit an application for appointment to the Board through the Kenai City Clerk. Appointment is made by the City Council only. 5. The Board must meet on a regular basis as prescribed by Kenai Municipal Code. If it is the feeling of the Board that fewer official meetings are required, a request may be made of the Council for consideration. Remember, every time you meet, it costs the city of Kenai tax dollars, whether you have a quorum or not. I have included information that will be distributed to the Kenai City Council for their review in their November 5, 1997 meeting packet. The information includes a cover memorandum from City Manager Ross, as well as a memorandum from Marilyn Kebschull in regard to the Certified Local Government requirements for a historic board. Council requested this matter be researched in regard to the future of the Board. In conclusion, the Council has appreciated the work you have done as a member of the Historic District Board and hopes to support your future efforts for the betterment of Old Town. If you have any questions regarding any of these matters, I encourage you to visit with the Council during a regularly scheduled meeting in the near future. CITY OF KENAI John J. Williams Mayor JJW / clf CITY OF ICENAI " G~ ~ yQ~~~ -- .~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283.7535 _ _ FAX 907-283-3014 ~ wF~..ear 1I~~~~ is9x Memorandum Date: October 30, 1997 To: Mayor and Council ~J From: Richard A. Ross, City Manager ~'~~~ RE: Townsite Historic Board As you directed, Ms. Kebschull has researched options available to the Council as it works with Townsite Historic Issues. Ms. Kebschull's attached memo is very informative and I request your review of it. Also attached are copies of the ordinances of the City of Seward and the City of Juneau, both of whom went through problems similar to those experienced in Kenai (i.e. lack of quorums). Neither Seward or Juneau have given regulatory authority or mandatory review authority to their historic boards. Requirements for certification of a CLG program are attached. The requirements are met by the Seward and Juneau ordinances. As you review their ordinances, you will note that the Kenai ordinance is broader in scope and greatly exceeds the requirements. Should the City Council determine that it did not want to participate in the CLG program, it could do so. This would result in loss of recognition of the program and ineligibility for grants. Neither Seward or Juneau chose that approach in dealing with the problems they were experiencing. You may want to .talk to your counterparts in those communities as you consider alternatives. j Attachments RAR/kh CITY OF KENAI "Oil Capital ofA/aska" 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE: 907-283-7535 '~•. FAX: 907-283-3014 Memorandum Date: October 29, 1997 To: Richard A. Ross, City Manager ; From: Marilyn Kebschull, Administrative Assistant-' , ~ ~ RE: TOWNSITE HISTORIC DISTRICT BOARD-CLG REQUIREMENTS I contacted the Office of History and Archaeology (OHA) in Anchorage and spoke with Joy Bryant-Dolsby to determine what the Certfied Local Government (CLG) required in regard to the TSH Board. Ms. Bryant-Dolsby was very helpful. Initially, she recommended that I contact the cities of Juneau and Seward as she felt they had faced difficulties similar to what the City of Kenai has with regards to quorums with the TSH Board. The City of Juneau, Gary Gillette, advised that they have a Historic Resources Advisory Board who advises the council and Planning and Zoning Commission. The board has seven members. This is not adecision-making board and act only in an advisory capacity. They have seven members and are scheduled to meet twice a year with no set schedule. Mr. Gillette advised that should the need arise, they call special meetings. The City of Seward, Rachel James, advised that when Seward was originally certfied, they used their Planning and Zoning Commission in the capacity of the Historic District Board. However, they had found that this didn't work and have established a Historic Preservation Commission. Their commission has seven members and meets four times a year. Both Seward and Juneau's boards act in non-regulatory capacities. Ms. Bryant-Dolsby advised that she spoke with Judith Bittner, the State Historic Preservation Officer, asking what options were available to the City of Kenai. Ms. Bittner stated she would work with the city with any arrangement that would 10/29!97 Memorandum 2 accommodate the city's needs. Bittner stated the city could utilize the Planning and Zoning Commission to fulfill the historic preservation commission requirements. If the city decided to utilize this arrangement, it would be necessary to have commission members who could fulfill the positions of architect, archeologist, and historian. If the Planning and Zoning Commission did not have members who could fulfill those positions, the city would need to enlist community members who could act as consultants in those areas of expertise to the Planning and Zoning Commission. Ms. Bittner advised she would prefer the city did not use this option as others have found this can become convoluted and the P&Z Commission may not have preservation as a priority. It is Ms. Bittner's recommendation that the city consider reducing the number of members on the TSH Board which may help to establish quorums. The CLG requires 7 members; however, Ms. Bittner stated she would consider a board with less than the 7 members if that was necessary. In addition, historic commissions are only required to meet twice yearly. In reviewing the city of Juneau and Seward's code relating to their historic commissions, I noted that they are less specfic when listing the commission's duties and responsibilities. It appears they have basically outlined the requirements noted in the CLG guidelines. Kenai may want to consider reviewing this section of the KMC to bring the code in line with the CLG requirements. Any changes to the current configuration needs to take into consideration CLG requirements which are the responsibility of the body which acts as the historic preservation commission. This includes developing a preservation plan. The Planning and Zoning Commission may not have the time or expertise to complete this plan. In conclusion, the following options are a available: • Move the historic preservation commission responsibilities to the P&Z Commission using consultants in the community for the areas of,expertise as needed. • Reduce the number of members on the TSH Board. • Reduce responsibilities of the TSH Board by modifying the ordinance. • Reduce meeting dates. CLG requires twice a year. REiZU1REMEiVTS AND RESPONSiBILiT1E5 Of T'HE CLG'S There are five basic requirements set out in 36 CFA 63 for certification under the CLG program. They are as follows (with addifionai Alaska requirements!: 1 ~ THE LOCAL GOVERNMEh1T MUST "Enforce appropriate State or local legislation for designation and protection of historic properties." a- The Local Government Shall: enforce the Alaska Historic Preservation Act, whenever appropriate. b1 The Local Government Shaii: devise and enforce a iocai historic preservation act, faw, or ordinance. 2 1VIENT MUST"'L•stafit~i ari ai3eq~e grid guaiifiEd historic preservation review commission by Slate or iocai legislation." a1 The Local Government Shaii: establish regulation mandating the commission, if such is not already in place. Some communities and boroughs have historical commissions already working toward iocai preservation projects. These communities and boroughs may adapttheir commissions for the CLG pro4ects. b! The Local Government Shall: make a reesonal3ie effort to compose its commission of the following members to the extent feasible: 1 architect or historical architect, 1 archaeologist, 1 historian, and at least 4 other people {for a minimum total of 73, and as many other people as the Government feels are necessary to complete the membership. The commission members should include indigenous ethnic group members and individuals who have demonstrated special interest or expertise in history, architecture:-or a••reiated discipiine-{to include. but is not limited to. anthropology, economics. planning, law, oral history, grants administration, or others to be decided by the State Historic Preservation Office on a case by case basis. The commission members will serve three-year terms at staggered intervals. No limit is placed on the number of teens a member may serve, however, the commission may place sucfi restrictions on its own members if it so wishes. The commission shall meet a minimum of 2 times per year. The commission 2 may, at its discretion, retain a consultant in order to meet the professional requirements. That consultant must be qualified under the standards defined in Appendix A of 36 CFR 61. c) The Local Government Commission Shall: i) develop a local historic preservation plan - to i•-elude provision for identification, protection and interpretation of the area's significant resources. Such plan is to be compatible with the Alaska Historic Preservation Plan, and to produce information compatible with and for the Alaska Heritage Resources Survey (AHRSi. ii) review and make recommendations about io~ai projects 1iZ ~s one pros-' -" ervation plan. This refers onty to projects not covered under existing state and federal review. iii) review and develop nominations to the National Register of Historic Places for properties within its jurisdiction. 31 THE LOCAL GOVEr~NMENT MUST "Maintain a system for the survey and inventory of historic properties." a) The Local Government Shall: maintain a basic :working inventory of the resources in the focal area in conjunction ~.vith the local historic preservation plan. Subsequent to the development and implementation of the plan, survey and inventory will be an ongoing process in the CIG. b) The Local Government Shall: establish an inventory system compatible with the AHRS; information is to be supplied to the Alaska Heritage Resources Survey (AHRS) staff in the State Office of History and Archaeology, Division of Parks and Outdoor Rec: eation, on AHRS forms. c) The Local Government Shall: maintain the data in a file to be released pn a need-to-know basis to planners, land managers, qualified researchers, etc., otherwise. site location information should be held confidential to protect sites from possible vandalism. 3 41 THE i_OCAL GOVERNMENT MUST "Provide for adequate public participation in the local historic preservation program including the process of recom- mending properties to the National Register." a) The Local Government Shaii: provide for public participation in development and review of the local historic preservation plan. bf The Local Government Shall: send out nominations to the National Register of Historic Places to appropriate groups/individuals for review before submitting the nomination to the State Historic Preservation Officer (SHPO3 for the Alaska Historicat Commission (AHC~ review. c) The Local Government Shaii: maintain minutes of ail meetings and records of other actions undertaken by the commission. ___ - 5~' THE LOCAL GOVERNMENT MUST "Satisfactorily perform the responsibilities delegated to it under the Act." al The Local Government Shall: provide a draft of the local historic preservation plan for SHPO review. b1 The Local Govemment Shaii: provide annual reports of .all activities to the SHPO. This is to include information on the CLG's fiscal management of HPF monies. For requirements concerning fiscal management, see the Funds Transfer Guidelines section. c1 The Local Govemment Shall: provide annual updates of AHRS informa- tion to the Office of History and Archaeology. d) The Locat Govemment Shalt: provide a commission member list and member's qualifications to the SHPO every other year. e) The Local Government Shah: provide the Alaska State Library system with the appropriate number of copies of any survey reports directly upon receiving an approval of the report from the SHPO. The annual and biennial information to be supplied to SHPO may be consolidated into one report submitted to SHPO. as long as the AHRS information is easily detachable. 4 .~ ~~ -.~~ 11.4bHt~l ~n0h` 5ewarc .ngr ~ Utilities TG 190?2833014;15 ?. 01 ~- 2. ; PtD~ects m 1 the port of: 3. i related to the mtnezais and c MA URE SAVER° fAX ME1d0 01616 Oua~ oa0a~. ~ Ta ko J i w co. M i ~ PI1011/ / • _ Fa: r ~ x.30_415 and ndiaation of through • ---..~.. •••• •••.,.cca utvutving taC ~tablishmeat Of Industry 8nd bulk c~o~moditirs Su+Ch ~ Coal, gip, ~~ ~Sb the part of Searatd; ~ ~Y on matters invoivlag the ~-~+d; °f ~PPon servicas duties as r+oquea~ by ~ ~ aouacil. • hall have ao amthority m ~ .. . . 9 aPp~ptiations from the Gantt ody fads without fast obtaining 23) ~' couacit. Cord. S I2, 1982; Ord. 553, 4. advise Pertaining to the . pcfor B- Tae board ~+ova1 by and a, $~ 5, 6, 1986; Os 2.30.330 u~~ ~ ~Y , at the fast meexing of ~ f~ yam, by ~ ~mative the existence of board, In ttre absence of ors voce, may continue cease to exist ~,~ affirmuive you by the council, ~ ~~ 1rriI1 try days. (Ond. 512, 1982; Ord. 93-23) Article 4. Hktoric ~ Comm£~on. 2.30.410 Estab A. An hisaaric city of Seward or a won is ~Y ~ consisting of seven of the ~ ~, who shall be nominated by toe mayor and cottfrrmed by the city council. No 0 or eraploYa of the city may be B. To the e t aysilable ~poratrd a member of the commission. pmfesstoaais, as m x A of ~~ commission unbe~ shall be or archrtcctural ry noel ~ of history, arChitecxure disciplines of histo ~ the commissioners are not profe`ssioaals in the these disciplines ill be appo~dor ~ dory' and archaeology, then consuhaau in . ~~~ c+~nsuitaats tQ the historic pizservation co aPPo ents shall be approved by the historic mmtuton. qualified under the standards defined is preservati°a commission and must be Appaodix A of 36 CFR 61. 9~) A the commission shall be setoaed annually by the ~poinred members. (Ord. 2.30.415 Texan f office; filling vacandes. A. Members o the historic Pz~rvation co years, provided the terms ~ - .. ~suon shall ~ appointed for a term of three possible a pro rata umber of members shall be atmeats shall be sta~•crCd so that as nearly as g, Tae mayor, ppoiated for each year. a vacant of an ~ ~1°~ of the city council. tray appoim aaY qualified person to fill Y Y ber of the board p~~ ~ ~ appointment shall be for the rrneacpirrd term of the vacant . S~PP~~nt No. 97-~ 07/97 ~ Ciry of Sex~ar~d 2-35 3 2.30.420 rssaasst~r C. 3?ollowiag' member's ab.Yaoe from thse ctnive rzgtrlar meeriags of the commission, the rr~mainiag c~mmissioa members shall decide whether the commission •member~ should be - iaaincd or wtreth~r to request council appointmeat of a new member. (Ord. 94-04) , 230.420 Min A_ 1'ba carom the c~sioa. B. Fear mewl except that, in tba m a later date. 1b shall be requited ~ C. All meeting shall keep miaa:tts keep records of $a and shall be a t>u~ 2.30.425 Power, A. It shall be 1. , Develop and intezpretation Alaska I3istoric ~ Heritage l~,esourcc Z. Survey within the comatu~ 3. Review Register nommatic 4. Act in regarding the idea' 5. Work tc and community '~ sad gnoranr. m wdl meet at.~ twice each year at a•time sad place to be designated by ~s of the shall a quorum.foz the Boa of busiaass, mace of a~quaat~•~any~umber less than~~gaosvm:may adjouia the waxing affirmative votes of at ]east a majority of those commission members pneseat ~ say action. sad records of tht commission shall be open to the public. 17ie commission f proceet5ags showing the vote of each member upon each question and shall acticas, all of which shall be imm~iy {~ ~ the office of the city clerk c rzcord. (Qtd. 94-04) aad duties. he rrsponstbi3ity of the historic preservation commission to: ~ a Ioral historic Plan that wiII include pativisions for ideatif~cation, praocction of the atra's significant resonrzet. Such a ~piaa is to be compatible whit ffie servation Plan and to product information compazible with and for the Alaska Survey. and uzveatoiy commumity hisnorie arcltitecttirai and arzhaeoiogical resources i c~ommeat w the state historic preservation officxr on ail proposed National for properties a-ithin the community sire. advisory role to other officials and deparma~ts of local government Orion and protzctioa of local historic sad anchaeoIogicai resources. rd the caatiauing edtic~tion of citizeas regarding local historic preservation .,. . 6. Suppo the eaforccment of the Alaska Historic Preservation Act, AS 41.35. 7. Review local protects and rxommeadations about the erfert oa propezties identified in the Iocal historig preservation inventory, B. The commission shall have no authority to expend or commit city funds without fast obtaining approval,by and any ne+=~Y appropriations from the city council. (Ord. 94-04) Supplement No. 07/97 }1 i 2-.I6 City of Seward "' ~ " -= ~ ~ - ~ • µ rriri Kure r.°ward Engr ~ Ut i 1 i t i es TO 19072833014115 P . 03 PLANNING AND LAND IIS73 &BGIILATIONS S 15 :15.02 0 Chapter' 15.15 ~ istoric Preservation 15:15.010 Purpose. 15.15.015 Seward Register of $tstoric Places established. 15.15.OZ0 HLstor~c dirtrict established. Li15_OIO 1'u I~istoric 'on is necessary to promote the educational, cultural, economic and general welfare of the unit}r. by providing a. m~a_ nic historic and **sto, identify any .ptesarYe_the.distinctive tal clratatxttistics of Seward which nepreseat elements of the city's cultural, social, economic, Iitical and arrhiteaural history, (Ord. 95-10) 15.15.015 Sewer Register of Historic Places established. A. ~ Seward Register of Historic Places is hestb recognition of 1 1 cultural resourus worthy of preSe~o ~llshed to provide for public B. Criteria fo selection and placement on the Register of Historic Places shall be sec by resolution of the ' toric Preservation Commission. C. The Hiss c Preservation Commission shall recommend nominations to the Registcr of Historic Placxs to c City Council, D. Nominatio s to the Registcr of 8t.~totic places shall be approved by resolution of the City Council. (Ord.9~-10) 15.15.020 Historic district established, A. The histori ~ district of the City is established to define those arras of the City that meet state or federal star~dards for ltistoric districts or that otherwise have that menu addrtto consideration in land use ~ htstonc stgtuficancc B.' The City unciI shall, by resolution, esrotabli~sh and define those areas to be included i the hrstonc drsttic~, n C. Criteria for selection and placement on the list of historic districts within the City shall be set by resolution o~' the City Council. D. Upon destg{tatton, the historic district shall be classified ~ an pverlay District H -Historic District on the offt~ial zonin; maQ of the City of Seward. (Ord. 95-iU) Supplement No. 9~-1 Ciry of Seward 07/97 15-~9 ADMINISTRATION AND COMPLIANCE (d) Rule ~ Robert's Rc § 2 (p~)• under 87-49 49.10.400 SUBDMSION REVIEW COMMITTEE. (a) Estab- lishment Purpose. There is established a subciivis~i arr~review committee for and borough of Juneau whose-purpose is to provide comments on ivisions and to assist the department staff in review of subdivisions. ~~, - (b) Membership. Membership shall consist of a minimum of four members of the commission appointed'by. the chair of the commis- ., sion. . (c) Officers. The..coinmittee shall elect a cha~ir~tQ, conduct the meetings and a vice chair to serve in the chair's absence: (d) Meeurigs. Meetings shall be held as necessary, and st3all be pieced d ~by at least three days' public notice. (Serial No. 87-49 § 2 }, 1987). ~. `_ _ 49.10.410 HISTORIC RESOURCES ADVISORY COMMIT- TEE. (a) Establishment. There is established the Juneau historic resources advisory committee. (b) Membership. The committee shall consist of seven members appointed by the assembly. Members shall be appointcd for a term of three years. One member shall be an architect or, if no architect seeks membership, the architect on the design review board shall serve as a voting ex officio member, one member shall be a licensed contractor or, if no licensed contractor seeks i~iembership, the li- censed contractor on the design review board shall serve as a voting • ex officio member, one shall be an.historian, one shall be an archae- ologist, one shall be a person knowledgeable in the customs and language of the Tlingit and Haida people, one shall be an owner of locally recognized historic property, and one shall be a iiieniber of the general public. ~.~...:~ . _ _.. 438 cmne~u 2.9a- the business owner or the type business. Wik stated she didn't review the walking tour so doesn't have a comment. Huhndorf again apologized for the omission and reiterated that it was not intentional. Kluge stated that once the walking tour is developed and printed, the Board wouldn't want to modify it when and if a business changed in Old Town. Kluge recommended that the business names be removed from the walking tour to eliminate the need for modification as businesses change. KLUGE MOVED TO STRIKE ALL BUSINESS NAMES FROM THE WALKING TOUR. MOTION SECONDED BY WIK. VOICE VOTE -ALL IN FAVOR, MOTION PASSED UNANIMOUSLY 8. REPORTS -None 9. INFORMATION d. Council Agenda X10/15/97 8s 11/5/97) e. Preservation Advocate News 10. BOARD QUESTIONS AND COMMENTS Gray reported that the next regular meeting is scheduled for December 15, 1997. Clausen reported that she would not be available. It was suggested that a work session be held instead as without Clausen there would not be a quorum. KLUGE MOVED TO REQUEST THAT COUNCIL CANCEL THE REGULAR SCHEDULED MEETING OF DECEMBER 15, 1997 AND TO SCHEDULE A WORK SESSION THAT DAY AT 6:00 P.M. MOTION SECONDED BY WIK. VOICE VOTE: ALL IN FAVOR, MOTION PASSED UNANIMOUSLY. The next regular meeting is scheduled for January 19, 1998. Gloria Wik asked if the letter from Mayor Williams would be incorporated into the minutes. Wik felt it should be part of the record for future reference. Mayor Williams stated there was a lot of other material from other locations who run historic societies that should have been sent with the letter. The letter was provided to show that even though the structure is the way it is, it can be changed. Council would like to see the Historic Board as a successful committee but over the past couple of years there have been some ups and downs. There have been times when it becomes relatively successful, then it Historic District Board Meeting November 17, 1997 Page 4 wanes and wanders. This is not the way a good committee should operate. If there are changes that should be made then the request needs to be submitted. Mayor Williams referenced his first comment with regard to what the Board should do. Williams stated it is the responsibility of the Board to provide Council with a long range plan which will include what the committee is doing and where they are going. Williams indicated that he may have leaned heavily on the issue of responsibility or authority but it came to him in a rather a heavy handed manner. There is no way the Council will allow this Board, committee or commission to operate in any other manner except by what is prescribed by Code. Specifically, there is no responsibility or authority with this Board. This Board is advisory only and Council has the absolute final say in everything when it comes to responsibility, authority, fiscal management, etc. The reason is because of the statutes and codes that are operated under. If a committee member wants responsibility and authority they should run for elected office. Williams stated the Board's membership has caused some concern. The Board was created after much discussion and in a manner unlike any other committee or commission the City has. This is a special board, there is no other committee or commission in the City that is created in this manner. This Board was formed to compliment the City by bringing in some talented people from other areas outside the City as well as broadening the base of the Board by keeping enough seats open for more talent in this area. It appears there is trouble in bringing the talent together or the talent isn't always interested in coming. There seems to be a breech of clear direction with regard to the membership of the committee. It is possible to cut the number of member back from nine to seven members and double the responsibility. Other individuals can be brought in to act in an advisory capacity when needed. Wik asked about the type of reports Williams mentioned and asked if they are year-end reports and has this Board been asked to provide such reports before. Williams replied that may not have been the case, it may be the City has been negligent in asking for the report. However, most committees and commissions understand that come budget time it is necessary for them to ask for money to operate and the City wants to know what they did the year before. In the case of the Historic Board there is no budget but there are expenses associated with any committee adopted by the City. There are costs associated with the Board for meetings which requires the building, staff at the meetings and the transcription of minutes. Wik stated if the Council wanted such a report that some other type of indication should have been given other than a reprimand. Williams confirmed that this was a reprimand. He reported that Council wanted a much heavier Historic District Board Meeting November 17, 1997 Page 5 letter than what was submitted. Wik felt the Board couldn't go on assumptions so direction from Council certainly would not hurt. Wik continued by stating it seems Council would ask for a five year plan if one is required. Williams verified that Council is working on a five year plan for the City but it is not absolutely necessary that every commission or committee have a five year plan. However, they need to have a plan which indicates where they are going and what they are doing. This will influence other things that are being put together. Williams discussed Dr. Hansen's proposal for a park next to Showalters. There are some difficulties with this proposal as it is an old burial site, there may be some artifacts in the area and it's an area this Board should be looking at as well. Williams strongly suggested that someone from this committee attend the public hearing to listen to both sides of the presentation so when it's done this Board won't be out there saying it had no knowledge of the project. Huhndorf stated that he didn't hear about this new park before and asked if a notice could be provided in the. packets or a letter be sent individually. Williams stated it is in the public sector, it's on the agendas, on the Internet, and it's been published in the newspaper. Discussion took place on the burial site in the area of the park. Williams stated that reports provided by the University of Alaska show the bones that were recovered several years ago from that vicinity show they are about 200 years old and are perhaps a cross between Athabascan and local, coastal native. There is also good reason to believe there are more there. The question that remains is should the City take control of the property and if so what should be done with it. This is where this Board can play a big part in the decision process. Gray reported that some of the things mentioned by Mayor Williams are things that have been worked on during the work session. Gray stated the preservation plan outline includes an agenda for future action and projects that this Board would like to work on. It also includes other things that take into account the projects that have already been worked on which includes the townsite historic site survey. Gray stated the comments she wanted to make with regard to annual reports is the Board normally has a City Council member present at the meetings who reports back to Council on the activities of the Board. Gray also stated that a couple of years ago she prepared a presentation for City Council on what the Historic Board was doing and at that time asked if the Board could be a part of the comprehensive planning session. Gray stated she has never received anything to be part of the Planning and Zoning land use table when a part of it does impact the townsite historic zone. Gray also mentioned the beach project that cuts through some of the townsite historic property, this Board was never made aware of what is going on there. Historic District Board Meeting November 17, 199'7 Page 6 Williams addressed each of Gray's issues separately. With regard to the committee report, Mr. Moore does bring to Council the highlights of the townsite historic meetings but that is not the same as having a collective report that reflects the work over the year. With regard to the sand dunes, this project encompasses the Harbor commission, Planning and Zoning, if there were some historic land, then the Historic District Board would be involved. It also encompasses the federal and state government, the Exxon oil spill group, etc. Williams expressed surprise that the Board was not aware of the project considering the size of it. Williams referenced the paragraph mentioned earlier where it states it is the responsibility of this Board to adhere to the established ordinances and all other laws of the city, state, and federal government and to maintain its membership, conduct its meetings with quorums, report to council on a regular basis, and advise other boards, committees and commissions who may have overlapping responsibilities in the same area of the Board's plans. Williams addressed the comprehensive plan. The comp plan utilized joint funding of the Borough and the City. The City questioned the validity of utilizing comp plans back to back on occasion. Coming before Council on the first reading at the next meeting is a question of whether or not the City will match the Borough's money of $30,000 to do a comp plan, which may or may not be needed at this point at this time. It is possible the City would not accept the Borough's money as a comp plan was just done recently. However, when a comp plan is put together input is taken from all committees and commissions. Gray agreed with Mayor Williams but wanted to know if there is a way this Board could be officially included on the mailing list and notified in advance so that it could be put on the Historic Board agenda. Gray reiterated that to her knowledge this Board was not made aware of the two projects mentioned previously. Williams reminded that the agendas are published in the newspaper and posted on the bulletin boards. All commission and committees get their own agenda and Council gets its own agenda. There is a City page on the Internet which has the full agenda for the week. The home page also has the ordinances and resolutions available. Williams indicated there may be room for some broader communications and it will be looked into. Huhndorf again expressed his desire to have communication come directly to members with regard to notification. Williams asked if this information should be just limited to townsite historic information or if it should be broadened. Huhndorf answered, the Board should be notified about anything affecting historic, archeological or architectural matters. Williams referenced the membership situation. The Board was asked if a seven member board would be more beneficial to the committee. Gray replied that she talked to Judy Bittner at the State Office of History and Archeology about the topic and Bittner reports the state guidelines say that a reasonable effort Historic District Board Meeting November 17, 1997 Page 7 will be made to compose a committee to seat members including an architect, archeologist, and a historian plus four members making a seven member board. Bittner stated that it would be fine to have fewer members but in the report must be state that attempts were made to have this number. The most important thing in the composition of the board is to have the architect, archeologist, and historian as consultants. However, they may not be officially able to attend meetings. Williams stated that having a seven member board with access to the consultants may be something to consider at this time. Freas reminded the members that originally it started out as a seven member board but there were problems then trying to get a quorum. Williams stated the Board should be reformed with citizens who are objective, who wish to serve and who can commit their time and energy to the Board's work. Williams pointed out the current members are but obviously there isn't everybody on the Board that feels the same way. Kluge stated one of the reasons he joined this body was because he thought he may have some influence on development in Old Town. There has been talk in the community for some time to see development occur in Old Town that had some flavor and historical character to it. Kluge asked what clout does this Board's recommendation have with Planning and Zoning. Williams answered that it bears as much weight as any other committee or commission within the City. Williams added that sometimes it may take physical presence before the Planning and Zoning Commission. The Planning and Zoning Commission is the only commission that acts with a fiduciary responsibility to the citizens in the scope of the work they do. Planning and Zoning has to look at the legal ramifications of everything they do. The City is not going to get caught in a law suit that's been developed because somebody didn't cover all the bases. This issue was addressed in the litigation, i.e, Pelosa. A man has a right to quiet title and use of his property, it can't be zoned away from him. It can't be recommended strongly to the Planning and Zoning Commission that they circumvent the laws or rules or some other procedure that's already been .looked at by the courts. It's difficult to get some answer to some of the questions but it's vital that care is taken on how it is done. Local government is the finest government there is because it works right here with the people but it's also the first government that gets hit with every frivolous suit that comes in. Williams again suggested that members go to the Planning and Zoning Commission meetings. Gray asked to go back to the issue of the number of members. Gray points out that a change in the number would require a revision of the ordinance. Williams indicated that a revision would be easy to do. Gray reported that City Attorney Graves was asked to the last meeting because of the ordinance and the Board's interpretation as it compared to that of Historic District Board Meeting November 17, 1997 Page 8 Planning and Zoning and Councils. Gray continued by stating that Graves was not asked to the last meeting in order for the Board to gain more power but to get clarification on what this Board's exact purpose was as when the ordinance was read the words "all" and "will" were taken for literal value. Graves was told if this is not what the Council wants this Board to do, then the ordinance should be reworded. Gray again reiterated that there was no intention by the Board to try to get more footing. Gray stated the Board recognizes the ordinance needs some fine-tuning if it is to be worded properly. Williams stated there is one other situation where a committee is subservient to a commission, the Beautification Committee is subservient to the Parks & Recreation Commission. Williams continued by stating that this does not mean this Board has to take any orders from the Planning Commission but anything done by this Board must be approved by the Planning Commission. Williams thought what really needs to be done is to look at the ordinance and see where it may be restructured then send it to Planning and Zoning Commission for their review. Williams stated the issue of membership needs to be addressed Huhndorf addressed the article that appeared in the paper approximately three weeks ago regarding the signs in Old Town. He stated he asked Lucas, the reporter who wrote the article, to include some photos about what the Historic Board has done with regard to the signs. Williams suggested that the Dispatch be contacted as well since they do more human interest articles with pictures. Williams stated he was pleased to be present at the meeting. Gray reiterated that the group will meet on December 15, 1997 at 6:00 p.m. for a work session. The next regular meeting is scheduled for January 19, 1998. Discussion took place on the vacancies on the Board. Freas recommended that the Board really make an effort to find some people to fill the vacancies to eliminate the quorum problem. It was also recommended that the day of the meeting be considered as well. 11. ADJOURNMENT -MEETING ADJOURNED AT 8:45 P.M. Respectfully submitted, Carol Freas, City Clerk Transcribed by Contract Secretary Barb Roper Historic District Board Meeting November 17, 1997 Page 9 CITY OF KENAI 1997 ANNUAL CLG REPORT A. LOCAL PRESERVATION ORDINANCES: 1. In August and again in October, the Historic District Board reviewed KMC 14.20.105 "Townsite Historic District Zoning District "of the Kenai Municipal Code in an effort to clarify the Board's responsibilities. As result of this review, no changes were made to the code. The Kenai Municipal Code at KMC 14.20.160 was amended in 1997. This amendment included building coverage for lots in the Townsite Historic District. (Copy attached.) Ordinance 1766-97 was introduced on December 17, 1997. This ordinance replaced the Land Use Table (KMC 14.20) and its footnotes. The table specifies uses for development for all zones in the City of Kenai, including the Townsite Historic District. The ordinance was effective February 7, 1998. (Copy attached.) 2. There were no changes to the City of Kenai's Comprehensive Plan during 1997. B. LOCAL HISTORIC PRESERVATION COMMISSION OR BOARD: 1. The City of Kenai's Historic District Board membership changed during the year. The Board continued to have problems establishing a quorum due to vacant seats and non- attendance. In an attempt to alleviate this problem, in December, City Council reduced the number of seats on the Boazd from nine to seven. At this same time, Alan Boraas resigned his seat, as he had been unable to attend meetings. Mr. Boraas remains available to the Boazd to fulfill the needs of the archaeologist. In late December, a new member, Cecelia Richard, was seated. This left the Board with one vacant seat. Board members during 1997 were: MEMBER POSITION Dorothy V. Gray Member-Chair Person Alan Boraas (Resigned 12/97) Member-Archeologist Ethel Clausen Member Michael Huhndorf Member-Historian Kim Booth (Resigned 1/97) Member Rebecca Gabriel-Godek (Resigned 7/97) Member Bill Kluge Member-Architect Gloria J. Wik Member Vacant Member Joe Moore Council Person-Ad Hoc Duane Bannock Council Person-Ad Hoc As of December 18, 1997, the Boazd consisted of the following members: MEMBER POSITION Dorothy V. Gray Member--Chair Person Ethel Clausen Member Michael Huhndorf Member-Historian Bill Kluge Member-Architect Gloria J. Wik Member Cecelia Richard Member Vacant Member Joe Moore Council Person-Ad Hoc Duane Bannock Council Person Ad Hoc 2. A resume' for Cecelia Richazd is attached. 3. The Historic District Board operated without the benefit of a full boazd again during 1997. The Boazd had three vacancies until December when Council reduced the membership from 9 to 7 and Ms. Richazd was appointed to the Board. The City has attempted to fill these positions. The city clerk advertises vacancies by word of mouth, public information advertisements, and by mailing information to citizens who have served on various boazds and committees in the past. 4. The Historic District Board meetings aze scheduled for the third Monday of the month. During 1997, the following meetings were held: MEETING DATE Regular Meeting January 20, 1996 Regulaz Meeting February 24, 1996 Regular Meeting March 17, 1996 Regular Meeting Apri121, 1996 Regular Meeting May 19, 1996 Regular Meeting June 16, 1996 Regular Meeting July 21, 1996 Regular Meeting August 19, 1996 Regular Meeting September 15, 1996 Regular Meeting October 13, 1996 Work Session November 17, 1996 Regular Meeting November 17, 1996 Work Session December 15, 1996 Copies of the minutes from these meetings aze attached. Note that in July and August quorums were not established and no meeting was held. 5. The boazd did not participate in any CLG training or conferences during 1997. 1997 Annual CLG Report Page 2 C. SURVEY AND INVENTORY OF HISTORIC PROPERTIES: This information did not change during 1997. 1. In July 1996, Preservation North completed the survey of the Townsite Historic District, which was funded through a CLG grant. The area surveyed was approximately 70 acres and included 32 properties in the Townsite Historic District and 12 properties in the adjacent azea. 2. Thirty-two historic properties were surveyed. AHRS cards were completed for these properties. 3. This was the first survey of historic properties for the City of Kenai. The survey cataloged historic properties providing the City with information as to what properties existed, their condition, owner, etc. This information will be used when revising or preparing development guidelines for the historic district. For the properties surveyed, there were 28 different property owners. D. PRESERVATION PLANNING ACTIVITIES: 1. The Townsite Historic District Boazd began working on defining the City of Kenai's Preservation Plan during 1995. Topics were assigned to Boazd members. This has been a slow process. In 1996, the Boazd reviewed their goals and objectives/mission statement, made changes, and accepted the revised statement. The Board continued working on the Preservation Plan in 1997. In November and December two special work sessions were held to work on the Preservation Plan. The plan is in the final stages and should be complete mid-1998. E. NATIONAL REGISTER PROGRAM PARTICIPATION: 1. The CLG did not evaluate any properties for listing on the National Register of Historic Properties during 1997. F. PROTECTION OF HISTORIC PROPERTIES: The Townsite Historic Boazd reviewed two applications for development in the Township Historic District. The first was a review of the planned restoration of the Russian Orthodox parish house. The second was the review for an addition to a residence in the district. The Board approved both plans. 1997 Annual CLG Report Page 3 2. The Mission Street project was reviewed the Boazd. The Boazd provided suggestions for pazking for the church, street lighting, and sidewalks. This project will impact the Townsite Historic District in that it creates aone-way street, which runs in front of the Russian Orthodox Church. It will provide bus parking for tourist buses, sidewalks, and street lighting for this historic area. G. PUBLIC EDUCATION PROJECTS: 1 . The Townsite Historic District Board completed the signage grant for the Townsite Historic District and the Shk'ituk't Village site in September 1997. The walking tour for Old Town was worked on throughout 1997. This project was primarily the responsibility of board member Mike Huhndorf. Mr. Huhndorf, using the data contained in the survey document, and local sources prepazed a draft for the walking tour. The Board as well as other long-time citizens of the area reviewed this draft and provided input. The walking tour will be available at the Kenai Visitor Center during summer 1998. H. HISTORIC PRESERVATION GRANT ACTIVITIES: 1. The City of Kenai did not apply for any CLG Historic Preservation Fund grants during 1997. 2. The City of Kenai did not apply for other (non-CLG) preservation grants. I. OTHER PRESERVATION ACTIVITIES: 1. During 1995, the City of Kenai began working with the Kenaitze Indian Tribe of Kenai to begin preservation efforts of the historic Dena'ina village at Shk'ituk't. In 1996, meetings were held with members of the Kenaitze Indian Tribe to discuss the signage project. Elders from the tribe were given the opportunity to help design the proposed park at the site. A preliminary plan was designed; however, other than placing the sign on the site, further plans for the site have been put on hold. This site is adjacent to an azea, which houses a FAA antenna farm dating from the eazly 1940's. This site was scheduled for clean-up beginning the summer of 1997 and because of its proximity to the Shk'ituk't site; the city has delayed further development at the village site. As of this reporting, the city is still waiting for the FAA to complete the environmental assessment of this azea and complete any cleanup prior to proceeding with this pazk development. 1997 Annual CLG Report Page 4 ~,~'~>., BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL BY TOM AND VICKIE FRUICHANTIE OF DENIAL OF A CONDITIONAL USE PERMIT Case No. BA-98-2 I. DECISION The appeal of Tom and Vickie Fruichantie is granted. II. PROCEDURAL HISTORY On February 18, 1998, Tom and Vickie Fruichantie applied for a conditional use permit to operate a retail business in the Rural Residential (RR) zone. The planned business is described as "The Bargain Barn" and would sell "affordable new or next-to-new items." It would be located next to the Fruichantie's home at 5040 Beaver Loop Road, Kenai, Alaska. (See attached map.) Because the proposed retail business would be located in the RR zone, a conditional use permit is required. The request came before the Kenai Planning & Zoning Commission on March 11, 1998. Ten adjoining property owners were notified by certified mail of the proposal and public hearing date. Only one property owner responded. That owner, James E. Fisher, did not object to the proposal but expressed concern about preventing runoff into nearby Beaver Creek, an anadromous salmon stream. Tom and Vickie Fruichantie were the only members of the public to speak at the public hearing. A motion to approve the conditional use permit failed on a vote of two to two CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 1 of 4 with three members absent. Under KMC 1.15.060(e) and 1.90.050(c), a motion requires four votes for approval. The Fruichanties then filed an appeal under KMC 14.20.290 to the Board of Adjustment. The Board of Adjustment heard the appeal on May 6, 1998. The only members of the public to speak at the hearing were the applicants. Notices were sent out to property owners within 300' of the applicant's property per KMC 14.20.290(6)(1). No objections to the application were received. III. DISCUSSION AND FINDINGS The proposed "Bargain Barn" will be 24 x 48 feet, 1158 square feet. During the public hearing, Ms. Fruichantie stated, "This building from all outward appearances ...would look just like a storage shed or an additional building on the property. It would not have the appearance of a store front with ...big glass windows, no neon lights ... it would be color coordinated with our house and we were deliberately doing this so that we could preserve the rural atmosphere of the community where we live ...that of being a residential area." While they planned to have a "Bargain Barn" sign on the building, Ms. Fruichantie stated they did not intend to have any large commercial or advertising signs on the property. Ms. Fruichantie also stated they had improved their driveway to eliminate traffic problems with customers accessing the store from Beaver Loop. They do not expect the store to generate heavy amounts of vehicular traffic. Retail businesses are eligible for a conditional use permit in the RR zone under the Land Use Table of the Kenai Zoning Code. A conditional use permit must meet the CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 4 requirements of KMC 14.20.150 (Conditional Uses). The proposed application must be "in harmony with the intent of the zone." The intent of the RR zone is to "preserve the rural, open quality of the environment and prevent health hazards in areas not served by public water and sewer." We find the proposal as described by Ms. Fruichantie will not threaten the rural quality of the environment. It has been designed to create a low impact on the neighborhood. It will not generate heavy traffic; nor will it create any sort of health hazard, including any threat to the nearby anadromous stream. We find it is in harmony with the intent of the RR zone. IV. SUMMARY Foppr~~the above reasons, we grant the appeal of Tom and Vickie Fruichantie. DATED this 3`'d ay of June, 1998. ~1 ohn J. Duane Bannock, Boar~c Member ~ Bookey, Board Me " er G~ J oore, Board Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 4 Ra easles, Boar Member i~/~ ~ W Linkia Swarner, Board Member G~ Hal Smalley, Board Me r CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 4 of 4 rVt ... v ~ 1dt , - ~ ADMINISTRATION AND COMPLIANCE (c) Officers. The committee shall select its own off cert. ~ (d) Meetings. The committee shall meet a minimum of two times per year. Adequate public notice shall be provided for each meeting. (e) Staffing. The department shall provide such staff support and assistance as the committee may require to the extent funds ar+e available. (f) Duties. The duties of the committee shall include: (1) Reviewing and making recommendations about local projects that might affect properties identified in the local historic preserva- tion plan; (2) Reviewing and developing nominations to the National Register of Historic Places for properties within the city and borough of Juneau; (3) Cooperating and consulting with the Juneau historic district commission. the commission. the design review board and the Alaska historic sites advisory committee on all matters concerning historical districts and historic. prehistoric and archaeological preser- i vation in the city and borough of Juneau; and (4) Performing other actions which are necessary and proper to carry out the above duties. (Serial No. 93-41 §§ 3-5. 1993; Serial No. 87-49 § Z (pan), 198?). Article V. Community Development Director 49.10.500 COMMUNITY DEVELOPMENT DIRECTOR. Except as otherwise pcvvided in this title, primary responsibility for administering and enforcing this title is assigned to the director. The director may delegate these~responsibilities to appropriate members of the department. (Serial No. 87-49 § 2 (part), 1987). 49.10.510 APPROVALS. The director is authorized to approve minor subdivisions and to issue department approval under Chapter 49.25 of this title. (Serial No. 87-49 § 2 (part), 1987). 7 ~ a"' '' 439 /Juaau 2.9a~ i ~ ("' Q J S - - ~ i i i ~ I ~ Z ~~~ i ~ 1- < ~' ~~~ e-+ ~l' . ~, •i ~. ~ ~~ ~ ~ W ~ aC 0. Q r~.$ ~ i ~ d ~a~ t~ N ~ ~~ ~ ~ ~~ ~ ~ // // C ~ Z }~- O ,• i ~ ~ .~, 1 BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF IN THE MATTER OF THE APPEAL BY ) JERRY STOCK/NEWCASTLE BUILDERS ) OF DENIAL OF A VARIANCE PERMIT ) Case No. BA-98-3 I. DECISION ~~ `'~~ FiL ~ ~O ~\ G~ The appeal of Jerry Stock/Newcastle Builders is granted with the conditions described below. IL PROCEDURAL HISTORY On February 20, 1998, Jerry Stock applied for a variance permit for an off- premises sign of 32 square feet. The sign would be located on city property at the corner of Evergreen and the Kenai Spur Highway (Tract A-2, Evergreen Tract A, Kenai, AK). The sign would advertise homes for sale that the applicant is building this summer. Mr. Stock is building the homes on lots purchased from the City of Kenai. A variance under KMC 14.20.220(a)(10) is needed on two grounds: size and location. KMC 14.20.220(d)(5) states in part, "Real estate signs advertising the sale or lease of two acres or more, of five or more contiguous lots may be combined into one sign of not more than thirty-two (32) square feet." The applicant owns four lots in the area, totaling about 1.20 acres. Two lots are currently being developed. Without a variance, Mr. Stock would be allowed a five-square foot on-premises sign. KMC 14.20.220(c)(5). The requested sign would beoff-premises. KMC 14.20.220(b)(13) states, "No off- premises commercial advertising signs, including billboards, are allowed in any zone." As noted, CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 1 of 4 the sign would be located on city property. The Kenai Manager has given permission with two conditions for Mr. Stock to place the sign on City property provided the variance was granted by the Planning & Zoning Commission or the Board of Adjustment. The conditions were: 1) the sign be authorized from April 1 to July 31; and 2) the City Building Inspector approve the quality and appearance of the sign. The application came before the Kenai Planning & zoning Commission on April 8, 1998. There were no comments from members of the public. A motion to approve the variance failed on a three-to-three vote. On April 17, 1998, Mr. Stock appealed the denial to the Board of Adjustment under KMC 14.20.290. On May 17, 1998, the Kenai City Council meeting as the Board of Adjustment heard the appeal. No members of the public spoke during the public hearing. III. DISCUSSION AND FINDINGS We feel a variance for an oversize (32 square feet) off-premises sign is appropriate in this situation. In large part, our decision rests on the fact that the sign is temporary. Mr. Stock is developing property purchased from the City. The houses he is building are located some distance from the main road (Kenai Spur Highway) on a dead-end road. Because of the location of the lots, an on-premises sign would be seen by a very limited number of people. Nor do we feel the size of the sign is too large. Mr. Stock owns four lots consisting of about 1.2 acres. If Mr. Stock owned five contiguous lots or two acres, he could have a sign of 32 square feet. KMC 14.20.220(d)(5). IV. SUMMARY For the above reasons, we feel the variance requested by Mr. Stock should be CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 4 granted. We do, however, feel two conditions should be attached to any variance. First, the variance is good for five months-from June 1 to November 1, 1998. Second, the sign must be approved by the Kenai Building Inspector for quality and appearance. DATED this ~3ay of June, 1998. Board Member Member Li da Swarner, oard Member DISSENTING OPINION Even though the variance is only a temporary sign, I feel the Board is opening up the way for more off-premises sign variances to be granted. In my opinion, this body and the Planning & Zoning Commission will find it increasingly difficult to turn down off-premises sign variances because of this ruling. I do not feel that is the proper direction for this Board to proceed. For CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 4 ~ '~~ J'un Book oard Me er that reason, I respectfully dissent from the Board's decision. al Smalley, Board Mem r CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 4 of 4 BEFORE THE BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL BY RESTAURANTS NORTHWEST, INC. (BURGER KING) OF DENIAL OF A ) CONDITIONAL USE PERMIT ) ~~ ~ ~ ~Fi Case No. BA-98-4 v I. DECISION ~ti~`oo~ `~ \F.~~ti 9~.~i The appeal of Restaurants Northwest, Inc. is GRANTED. ~~~ f ~~, ;- II. PROCEDURAL HISTORY ~ ~ On March 18, 1998 Restaurants Northwest, Inc. applied for a sign variance to place an over-sized sign at its new Burger King in Kenai. The Burger King is located in a commercial center called the Kenai Plaza. It is in the General Commercial Zone (CG). Sharing the Kenai Plaza are a Carr's grocery store, an Oaken Keg liquor store, a K-Mart, a Blockbuster video store, and a Subway restaurant. Across the street are located an insurance office, Three Bears discount warehouse, a McDonald's and a MAPCO gas station. The variance request is fora 115 square foot sign. The sign is the standard sign used at Burger King restaurants throughout the country. A reproduction of the sign is attached as Exhibit 1. Under KMC 1420.220, a sign in a commercial zone is allowed to be up to 81 square feet. The variance is for 34 square feet. Variances from the sign code are allowed under KMC 14.20.180(a)(10). The variance request came before the Planning & Zoning Commission on April CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 1 of 3 8, 1998. Erick Musser spoke on behalf of Restaurants Northwest. The Commission voted six to nothing against the variance request. Restaurants Northwest then filed an appeal to the Board of Adjustment under KMC 14.20.290. The Board of Adjustment held the hearing on the appeal on May 6, 1998. Eric Musser, Director of Development for Restaurants Northwest spoke on behalf of Burger King (the appellant). No one else from the public spoke at the hearing. III. DISCUSSION AND FINDINGS The requested variance is for an additional 34 square feet for advertising in a business district (Kenai Plaza). The Kenai Plaza is in a General Commercial zone (CG). Two of the nearby businesses have been given similar variances. The McDonald's located across the street received a sign variance in 1986 to erect a 105 square foot sign. That variance granted McDonald's an additional 24 square feet to put up a "Golden Arches" sign. In 1993, the Board granted an appeal from Carr's grocery store for a variance to allow them to erect an additional 36 square foot entrance sign. The requested sign is the standard sign manufactured for Burger King restaurants. It would be a hardship for Restaurants Northwest to have a special sign manufactured for it. The sign will be in a commercial plaza with other similar signs. We do not believe the additional square footage will affect the aesthetics of the area. We can see no reason to deny Restaurants Northwest a variance when this body has granted very similar requests to Carr's and McDonald's, which are nearby the Burger King location. CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 2 of 3 IV. SUMMARY For the above reasons, we grant Restaurants Northwest, Inc.'s appeal and allow the requested sign variancee-/under KMC 14.20.180. DATED this ~~ of June, 1998. ~. .__. J.~lliams~ Mayor Bannock, Board Member ,~ ~~ ~ _- \ / Jim Bookey, Board Member l Hal Smalley, Board m er ~~~~ Jo oore, Board Member Ray easles, Board Member DISSENTING IN PART: I would grant the request for the sign variance, but would not allow the drive-through portion of the sign. This would reduce the size of the variance by 16 square feet while still allowing the standard sign to be erected. U Linda Swarner, Board Member CITY OF KENAI BOARD OF ADJUSTMENT DECISION -Page 3 of 3 03/25/98 WED 11:02 FA3 1 907 a°7 T231 RN11 BURGER SING .1LAS$~- ~_ --- - . . 8~. K~~ - SIGN -SIZE IS 10' x 10' - SIGN SIZE IS 1'6" x 10' - POLE SIZE IS 30' ~OOZ rr__ L . L . 1 ~ /+ / ~~ ::'~ ls,.,.,. ~`~~~ Public Notice US Army Corps of Engineers Alaska District ~ ~ of A l i cat i o n pp RECE6~~ Regulatory Branch (114 Sb ) for Permit --- Post Office Box 898 ~ 6 ly J~ Anchorage, Alaska 99506-0898 PUBLIC NOTICE DATE: 22 May 1 9„8 't~'" CITY OF K EXPIRATION DATE: 22 June L ENAI IC WORKS DEPAPTMEI REFERENCE NUMBER: Q-650045 WATERWAY NUMBER: Cook Inlet 64 Interested parties are hereby notified that an application has been received for a Department of the Army permit for certain work in waters of the United States as described below and shown on the attached plan. APPLICANT: Natchiq-APC, 6700 Arctic Spur Road, Anchorage, Alaska 99518. AGENT: Peratrovich, Nottingham & Drage, Inc., 1506 West 36"' Avenue, Anchorage, Alaska 99503. LOCATION: Section 21, T. 7 N., R. 12 W., Seward Meridian, approximately 2 miles south of Nikiski, Alaska. WORK: Install three bollards, three fender dolphins, and excavate 5,000 cubic yards of gravel to level the beach seaward of the existing dock. PURPOSE: To provide adequate mooring structures and a suitable resting surface for a 100' by 400' barge. ADDITIONAL INFORMATION: Natchiq-APC is constructing a 2,000 ton module for use in oil production on the north slope. This module is scheduled to be loaded onto a barge from the Rig Tenders Dock in June, 1999. The proposed work .would provide tie-up and' dry docking facilities for the barge. All excavation work would be accomplished during periods of low tide when the area is dewatered. Additionally, a portion of the area proposed for the beach leveling work is currently authorized for annual maintenance dredging by a DA permit issued in August 1993. WATER QUALITY CERTIFICATION: A permit for the described work will not be issued until a certification or waiver of certification as required under Section 401 of the Clean Water Act (Public Law 95-217), has been received from the Alaska Department of Environmental Conservation. COASTAL ZONE MANAGEMENT ACT CERTIFICATION: Section 307(c) (3) of the Coastal Zone, Management Act of 1972, as amended by 16 U.S.C. 1456(c) (3), requires the applicant to certify that the described activity affecting land or water uses in the Coastal Zone complies with the Alaska Coastal Management Program. A permit will not be issued until the Office of Management and Budget, Division of Governmental Coordination has concurred with the applicant's certification. PUBLIC HEARING: Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, with particularity, reasons for holding a public hearing. CULTURAL RESOURCES: The latest published version of the Alaska Heritage Resources Survey (AHRS) has been consulted for the presence or absence of historic properties, including those listed in or eligible for inclusion in the National Register of Historic Places. There are no listed or eligible properties in the vicinity of the worksite. Consultation of the AHRS constitutes the extent of cultural resource investigations by the District Engineer at this time, and he is otherwise unaware of the presence of such resources. This application is being coordinated with the State Historic Preservation Office (SHPO). Any comments SHPO may have concerning presently unknown archeological or historic data that may be lost or destroyed by work under the requested permit will be considered in our final assessment of the described work. ENDANGERED SPECIES: Preliminarily, the described activity will not affect threatened or endangered species, or their critical habitat designated as endangered or threatened, under the Endangered Species Act of 1973 (87 Stat. 844). This application is being coordinated with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Any comments they may have concerning endangered or threatened wildlife or plants or their critical habitat will be considered in our final assessment of the described work. FEDERAL SPECIES OF CONCERN: The following Federal species of concern may use the project area: Steelhead Trout, Sockeye Salmon, Chinook Salmon, Coho Salmon, Sea Otter, Canada Goose, Dusky Vancouver Canada Goose, Cackling Canada Goose, White-fronted Goose, Bald Eagle, Trumpeter Swan, Tundra Swan, Mallard, Lesser Sandhill Crane, Peregrine Falcon, and Peale's Peregrine Falcon. FLOOD PLAIN MANAGEMENT: Evaluation of the described activity will include conformance with appropriate State or local flood plain standards; consideration of alternative sites and methods of accomplishment; and weighing of the positive, concentrated and dispersed, and short and long-term impacts on the flood plain. " ~.,..ix ~~, ~; F; _ `' ~: ~. EVALUATION: The decision whether to issue a permit will be based n evaluation of the probable impacts including cumulative impacts of th ~q proposed activity and its intended use on the public interest. Ev lua icl~~bfa!` the probable impacts which the proposed activity may have on the p bli interest requires a careful weighing of all those factors which be ome `WW '° relevant in each particular case. The benefits which reasonably m y be~r ,.. expected to accrue from the proposal must be balanced against its ~'~!'~~5~""y "°""~ foreseeable detriments. The decision whether to authorize a proposal, and if so, the conditions under which it will be allowed to occur, are therefore determined by the outcome of the general balancing process. That decision should reflect the national concern for both protection and utilization of -2- y important resources. All factors which may be relevant to the proposal must be considered including the cumulative effects thereof. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving 404 discharges, a permit will be denied if the discharge that would be authorized by such permit would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria (see Sections 320.2 and 320.3), a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine .whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Comments on the described work, with the reference number, should reach this office no later than the expiration date of this Public Notice to become part of the record and be considered in the decision. Please contact Jack Hewitt at (907) 753-2724 or toll free in Alaska at (800)-478-2712, if further information is desired concerning this notice. AUTHORITY: This permit will be issued or denied under the following authorities: (X) Perform work in or affecting navigable waters of the United States - Section 10 Rivers and Harbors Act 1899 (33 U.S.C. 403). (X) Discharge dredged or fill material into waters of the United States - Section 404 Clean Water Act (33 U.S.C. 1344). Therefore, our public interest review will consider the guidelines set forth under Section 404 (b) of the Clean Water Act (40 CFR 230). A plan, Notice of Application for Certification of Consistency with the Alaska Coastal Management Program, and Notice of Application for State Water Quality Certification are attached to this Public Notice. District Engineer U.S. Army, Corps of Engineers Attachments -3- ,r QUANTITIES: 3 BOLLARDS 3 FENDER DOLPHINS 5,000 C.Y. BEACH LEVELING CHEVRON USA - -- rCT ~~ =v Off` GO t- 0 z .' EXISTING DOCK PERMIT NO. COOK INLET 64 A NEW 24'0 B LLARD ' EACH SIDE GEOTEXTILE--_ 30' x 120' MLLW 0.0. APRIL 1, 1998 100' x 400' BARGE ATS 1557 BEACH LEVELING ~~ TO EL. 12.0 t p.- SCALE (FEET) PURPOSE: TO LEVEL BEACH 8 BUILD TEMPORARY DOLPHINS FOR BARGE LOADING TIDAL DATUM: MLLW = EL 0.0 ADJACENT PROPERTY OWNERS: i KENAI PIPELINE COMPANY STATE ~OF ALASKA TIDELANDS DOLPHIN, TYP I'~ ~ 's ~ ~ ' ~ ~ ~ ~ ~ KENAI PIPELINE COMPANY ~ I~ ~ , ~~ : 205' t CAP OF ` I ~ . NEW WALL ~ t, _,J MHHW +21 BOLLARO PILE. 1 ~ s~ MODIFICATI~ PLAN S~ VICINITY MAP APPLICATION BY: NATCHIQ-APC 6700 ARCTIC SPUR ROAD ANCHORAGE, ALASKA 99518 2s n 26 Zt 16 ?1 ~~xiMe~ n :, to n z, tau;, n ~~. 2r N.O.S. CAart "-' -- Na 16662 n so ®~°°~.~ m .~.ws BUILDING EXISTING OFFICE & WAREHOUSE PROPERTY LINE Nikiskt . . TenderOock o aasr Q~i \'• ~ : __ TO EXISTING DOCK PERMIT NO. _REFERENCE NO. P-650045 NATCM1ti-CPC RIG TENDERS DOCK NEAR: RIG TENDERS DOCK, NIKISKI LOCATION: APPROXIMATELY 10 MILES NORTH~OF KENAI, ALASKA IN: COOK INLET 1 420' W 36 TIMBER FENDERS SHEET PILE BEACH LEVELI --- -'- ~ ELEV + 2 ~- ~ _ ._- _ ~ ~ i _,~ SECTION A ELEV.-8 -i~' ~'(V 30' MIN. i- ELEV. +32.0 GEOTEXTILE 1 WALL REPAIR PREVIOUSLY PERMITTED I ~ •' ~~. 24' 0 GRA\ ~ I ,' GRAVEL FILL U5ED b r :i TIRES ~' ~•' t '1 I:1 I~I .I (.{ i1 - i r I I SHORE BOLLARD I I DETAIL j i D O L P H 1 N SHORE ANCHOR SIMILAR ELEV. -20 t ~ _,J D E T A 1 L MODIFICATION TO EXISTING DOCK PERMIT NO. COOK INLET 64 REFERENCE NO. P-650045 PURPOSE: TO LEVEL BEACH SECTION, DOLPHIN NATCI-IICi-APC B~BUILDTEMPORARYDOLPHINS. DETAIL S~ SHORE RIG TENDEIaS FOR BARGE LOADING TIDAL DATUM:MLLW=EL.0.0 BOLLARD DETAIL DOCK NEAR: RIG TENDERS DOCK, NIKISKI ADJACENT PROPERTY OWNERS: APPLICATION BY: LOCATION: APPROXIMATELY 10 MILES KENAI PIPELINE COMPANY NATCHIQ APC NORTH OF KENAI, ALASKA STATE OF ALASKA TIDELANDS IN: COOK INLET 6700 ARCTIC SPUR ROAD ANCHORAGE, ALASKA 99518 APRiI 1998 SHEET 2of 2 9" ~,.. ~ ..... Q O 6 ~ ~ i'ONY KN06JLES, GOVE~~di OFFICE OF T"HE GOVERNOR OFFICE OF MANAGEMENT AND BUDGET DIVISION OF GOVERNMENTAL COORD/NATION U SOUTHCENTRAL REGIONAL OFFICE 3601 'C STREET, SUITE 370 ANCHORAGE, ALASKA 895035930 PH: (907) Sb1-S131/FAX: ('907) 561~613d ^ CENTRAL OFFICE P.O. SOX 110030 JUNEAU, ALASKA 99811-0.'300 PH: (907) 46535621FAX: (907) 4653075 PI?ELINE COORDINATOR'S OFFICE 41 t WEST 4TH AVENUE, SUITE 2C ANCHORAGE, ALASKA 99501-2343 PH: (907) 278-859~4/FAX: (907) 272-0099 STATE OF ALASKA DIVISION OF GOVERNP~fENTAL COORDINATION Plotice of Application for Certification of Consistency with the Alaska Coastal Management Program Notice is hereby given that a request is being filed with the Division- of Governmental Coordination for concurrence, as provided in Section 307 (c)(3) of the Coastal Zone t~ianagement Act of 1972, as amended (P.L. 94-370; 90 Stat. 1013; 16 U.S.C. 1456 (c)(3)], that the project described in the Corps of Engineers Public Notice Number Q-650045 will comply with the Alaska Coastal Management Program and a e project will be conducted in a manner consistent with that program. The Division of Governmental Coordination requests your comments on the proposed project's consistency with the Alaska Coastal Management Program. For more information on the consistency review process and the comment , deadline, or to submit written comments, please contact the Division of Governmental Coordination, 3601 C Street, Suite 370, Anchorage, Alaska 99503-5930. Attachment 2 TONY KNOWLES, GOVERNOR STATE OF ALASKA DEPT. OF ENVIRONMENTAL CONSERVATION DIVISION OF AIR AND WATER QUALITY Industrial Operations Section 401 Certification Program NOTICE OF APPLICATION FOR STATE WATER QUALITY CERTIFICATION An applicant for a federal license or permit to conduct an activity that might result in a dischagge into navigable waters, in accordance with Section 401 of the Clean Water Act of 1977 (PL95- 217), also must apply for and obtain certification from the Alaska Department of Environmental Conservation that the discharge will comply with the Clean Water Act, the Alaska Water Quality Standazds, and other applicable State laws. By agreement between the U.S. Army Corps of Engineers and the Department of Environmental Conservation, application for a Department of the Army permit to discharge dredged or fill material into navigable waters under Section 404 of the Clear Water Act also may serve as application for State Water Quality Certification. Notice is hereby given that the application for a Department of the Army Permit described in the Corps of Engineers' Public Notice No. Q-650045 serves as application for State Water Quality Certification from the Department of Environmental Conservation. After reviewing the application, the Department may certify that there is reasonable assurance that the activity, and any discharge that might result, will comply with the Clean Water Act, the Alaska Water Quality Standazds, and other applicable State laws. The Department also may deny or waive certification. Any person desiring to comment on the project with respect to Water Quality Certification may submit written comments within 30 days of the date of the Corps of Engineers's Public Notice to: Department of Environmental Conservation Industrial Operations/401 Certification 555 Cordova Street Anchorage, Alaska 99501-2617 Telephone: (907) 269-7564 FAX: (907) 269-7508 Attachment 3 1~ ~ CITY OF KENAI 1997 ANNUAL CLG REPORT A. LOCAL PRESERVATION ORDINANCES: 1. In August and again in October, the Historic District Board reviewed KMC 14.20.105 "Townsite Historic District Zoning District "of the Kenai Municipal Code in an effort to clarify the Board's responsibilities. As result of this review, no changes were made to the code. The Kenai Municipal Code at KMC 14.20.160 was amended in 1997. This amendment included building coverage for lots in the Townsite Historic District. (Copy attached.) Ordinance 1766-97 was introduced on December 17, 1997. This ordinance replaced the Land Use Table (KMC 14.20) and its footnotes. The table specifies uses for development for all zones in the City of Kenai, including the Townsite Historic District. The ordinance was effective February 7, 1998. (Copy attached.) 2. There were no changes to the City of Kenai's Comprehensive Plan during 1997. B. LOCAL HISTORIC PRESERVATION COMMISSION OR BOARD: 1. The City of Kenai's Historic District Board membership changed during the year. The Board continued to have problems establishing a quorum due to vacant seats and non- attendance. In an attempt. to alleviate this problem, in December, City Council reduced the number of seats on the Board from nine to seven. At this same time, Alan Boraas resigned his seat, as he had been unable to attend meetings. Mr. Boraas remains available to the Board to fulfill the needs of the archaeologist. In late December, a new member, Cecelia Richard, was seated. This left the Board with one vacant seat. Board members during 1997 were: MEMBER POSITION Dorothy V. Gray Member-Chair Person Alan Boraas (Resigned 12/97) Member-Archeologist Ethel Clausen Member Michael Huhndorf Member-Historian Kim Booth (Resigned 1/97) Member Rebecca Gabriel-Godek (Resigned 7/97) Member Bill Kluge Member-Architect Gloria J. Wik Member Vacant Member Joe Moore Council Person-Ad Hoc Duane Bannock Council Person-Ad Hoc ~ As of December 18, 1997, the Board consisted of the following members: MEMBER POSITION Dorothy V. Gray Member-Chair Person Ethel Clausen Member Michael Huhndorf Member-Historian Bill Kluge Member-Architect Gloria J. Wik Member Cecelia Richard Member Vacant Member Joe Moore Council Person-Ad Hoc Duane Bannock Council Person-Ad Hoc 2. A resume' for Cecelia Richard is attached. 3. The Historic District Board operated without the benefit of a full board again during 1997. The Board had three vacancies until December when Council reduced the membership from 9 to 7 and Ms. Richard was appointed to the Board. The City has attempted to fill these positions. The city clerk advertises vacancies by word of mouth, public information advertisements, and by mailing information to citizens who have served on various boards and committees in the past. 4. The Historic District Board meetings are scheduled for the third Monday of the month. During 1997, the following meetings were held: MEETING DATE Regular Meeting January 20, 1996 Regular Meeting February 24, 1996 Regular Meeting March 17, 1996 Regular Meeting Apri121, 1996 Regular Meeting May 19, 1996 Regular Meeting June 16, 1996 Regular Meeting July 21, 1996 Regular Meeting August 19, 1996 Regular Meeting September 15, 1996 Regular Meeting October 13, 1996 Work Session November 17, 1996 Regular Meeting November 17, 1996 Work Session December 15, 1996 Copies of the minutes from these meetings are attached. Note that in July and August quorums were not established and no meeting was held. 5. The board did not participate in any CLG training or conferences during 1997. 1997 Annual CLG Report Page 2 C. SURVEY AND INVENTORY OF HISTORIC PROPERTIES: This information did not change during 1997. 1. In July 1996, Preservation North completed the survey of the Townsite Historic District, which was funded through a CLG grant. The area surveyed was approximately 70 acres and included 32 properties in the Townsite Historic District and 12 properties in the adjacent area. 2. Thirty-two historic properties were surveyed. AHRS cards were completed for these properties. 3. This was the first survey of historic properties for the City of Kenai. The survey cataloged historic properties providing the City with information as to what properties existed, their condition, owner, etc. This information will be used when revising or preparing development guidelines for the historic district. For the properties surveyed, there were 28 different property owners. D. PRESERVATION PLANNING ACTIVITIES: 1. The Townsite Historic District Board began working on defining the City of Kenai's Preservation Plan during 1995. Topics were assigned to Board members. This has been a slow process. In 1996, the Board reviewed their goals and objectives/mission statement, made changes, and accepted the revised statement. The Board continued working on the Preservation Plan in 1997. In November and December two special work sessions were held to work on the Preservation Plan. The plan is in the final stages and should be complete mid-1998. E. NATIONAL REGISTER PROGRAM PARTICIPATION: The CLG did not evaluate any properties for listing on the National Register of Historic Properties during 1997. F. PROTECTION OF HISTORIC PROPERTIES: The Townsite Historic Board reviewed two applications for development in the Township Historic District. The first was a review of the planned restoration of the Russian Orthodox parish house. The second was the review for an addition to a residence in the district. The Board approved both plans. 1997 Annual CLG Report Page 3 2. The Mission Street project was reviewed the Board. The Board provided suggestions for parking for the church, street lighting, and sidewalks. This project will impact the Townsite Historic District in that it creates aone-way street, which runs in front of the Russian Orthodox Church. It will provide bus parking for tourist buses, sidewalks, and street lighting for this historic area. G. PUBLIC EDUCATION PROJECTS: 1. The Townsite Historic District Board completed the signage grant for the Townsite Historic District and the Shk'ituk't Village site in September 1997. The walking tour for Old Town was worked on throughout 1997. This project was primarily the responsibility of board member Mike Huhndorf. Mr. Huhndorf, using the data contained in the survey document, and local sources prepared a draft for the walking tour. The Board as well as other long-time citizens of the area reviewed this draft and provided input. The walking tour will be available at the Kenai Visitor Center during summer 1998. H. HISTORIC PRESERVATION GRANT ACTIVITIES: 1. The City of Kenai did not apply for any CLG Historic Preservation Fund grants during 1997. 2. The City of Kenai did not apply for other (non-CLG) preservation grants. I. OTHER PRESERVATION ACTIVITIES: 1. During 1995, the City of Kenai began working with the Kenaitze Indian Tribe of Kenai to begin preservation efforts of the historic Dena'ina village at Shk'ituk't. In 1996, meetings were held with members of the Kenaitze Indian Tribe to discuss the signage project. Elders from the tribe were given the opportunity to help design the proposed park at the site. A preliminary plan was designed; however, other than placing the sign on the site, further plans for the site have been put on hold. This site is adjacent to an area, which houses a FAA antenna farm dating from the early 1940's. This site was scheduled for clean-up beginning the summer of 1997 and because of its proximity to the Shk'ituk't site; the city has delayed further development at the village site. As of this reporting, the city is still waiting for the FAA to complete the environmental assessment of this area and complete any cleanup prior to proceeding with this park development. 1997 Annual CLG Report Page 4 i ~~ .~. f 'M~. 144 N. BINKLEY ° SOLDOTNA, ALASKA ° 99669-7599 BUSINESS (907) 262-4441 FAX (907)262-1892 MIKE NAVARRE MAYOR May 29, 1998 Mr. Alan Corthell, et al 2414 Douglas Drive Anchorage, Alaska 99517 Dear Mr. Corthell: RE: 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 The Kenai Peninsula Borough Planning Commission adopted Resolution 98-24 at their regularly scheduled meeting of May 26, 1998. Adoption of the resolution grants a waiver to the platting requirements per your request. The draft, unapproved minutes pertinent to Resolution 98-24 are enclosed. The recording and conformed copy fee for this Resolution is $17.00. Our office is responsible for recording the resolution. Please send a check or money order to the Planning Department, Kenai Peninsula Borough, 144 North Binkley, Soldotna, Alaska 99669 as soon as possible to ensure timely recording of the resolution. Please do not bring cash to the Planning Department for the recording fee. The check needs to be made payable to the State of Alaska, Department of Revenue and should be in our office no later than June 12, 1998. A return envelope is provided for your convenience. Sincerely, ~~~.~" Maria Sweppy Planning Department Enclosures cc: City of Kenai KENAI PENINSULA . BOROUGH ~E~F\ ',` ' .. ~~~ ~ ~" AGENDA ITEM H. SPECIAL CONSIDERATIONS ,l 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 Location: Shell Drive and Strawberry Road/81st Avenue Staff report as read by Lisa Parker: - PC MEETING 5/26/98 The applicants own an 80-acre parcel, which they would like to divide into two 40-acre parcels. Both proposed parcels will have access via dedicated right-of--way. It appears that this subdivision meets the intent of AS 29.40.090. STAFF RECOMMENDATIONS: Adopt KPBPC Resolution 98-24, thereby granting the plat waiver as requested; subject to: 1. Resolution is to be filed with the appropriate District Recorder. 2. Applicant is to submit the state filing fees to the Planning Department NOTE: An appeal of a decision of the Planning Commission may be filed to the assembly sitting as a board of adjustment, in accordance with the requirements of the Kenai Peninsula Borough Code of Ordinances, Chapter 21.20.250. An appeal must be filed with the borough clerk within 15 days of date of the notice of the decision; using the proper forms; and, be accompanied by the $300 filing and records preparation fee. END OF STAFF REPORT MOTION: Commissioner Clutts moved, seconded by Commissioner Knock, to adopt KPBPC Resolution 98-24, thereby granting the plat waiver as requested- subject to staff recommendations. Vice Chairman Bryson said he is a corporate partner with Alan Corthell and Frank Wince in an engineering firm. Although he had no interest in the property, Vice Chairman Bryson said he would not vote. VOTE: The motion passed by unanimous consent with one abstention. HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACCI CARPENTER CLUTTS YES ABSTAINED YES YES ABSENT YES COLEMAN GANNAWAY HENSLEY JOHNSON KNOCK EIGHT YES YES YES ABSENT YES YES ONE ABSTAINED TWO ABSENT KENAI PENINSULA BOROUGH PLANNING COMMISSION MAY 26, 1998 MEETING PAGE 19 UNAPPRC.~VE~ MINUTES ~~ THE PENINSULA CLARION KENAI PENINSULA BOROUGH -- PLANNING COMMISSION NOTICE OF PUBLIC HEARING PUBLIC NOTICE IS HEREBY GIVEN THAT A PETITION WAS RECEIVED TO VACATE A SECTION LINE EASEMENT AND A ROAD AND UTILITY EASEMENT. THE PLANNING COMMISSION HELD A PUBLIC HEARING ON MAY 11, 1998 TO HEAR TESTIMONY AND ADDRESS CONCERNS REGARDING THIS PETITION TO VACATE. FOLLOWING THE HEARING; THE COMMISSION POSTPONED ACTION UNTIL NOVEMBER 9, 1998. ON MAY 26, 1998, THE PLANNING COMMISSION RECONSIDERED THE MAY 11, 1998 ACTION. ON MAY 22, 1998, THE PLANNING COMMISSION DETERMINED THAT THE ACTION ON THE VACATION OF THE SECTION LINE EASEMENT WOULD REMAIN POSTPONED UNTIL NOVEMBER 9, 1998; HOWEVER, THE VACATION OF THE ROAD AND UTILITY EASEMENT WITHIN GOVERNMENT LOT 2 WOULD BE CONSIDERED ON JUNE 22, 1998. AREA UNDER CONSIDERATION ON JUNE 22, 1998, IS DESCRIBED AS FOLLOWS: A. LOCATION AND REQUEST: VACATE A PORTION OF THE GENERALLY NORTH/SOUTH SIXTY FOOT WIDE PUBLIC RIGHT-OF-WAY AND UTILITY EASEMENT WITHIN GOVERNMENT LOT 2, SECTION 18, TOWNSHIP 5 NORTH, RANGE 11, WEST, SEWARD MERIDIAN, ALASKA. THE PUBLIC RIGHT-OF-WAY IS SOMETIMES REFERRED TO AS OLu CAiviv~Rii ROAD. THERE IS NO INTENT TO VACATE THE PORTION OF THE RIGHT-OF-WAY AND UTILITY EASEMENT WITHIN THE SOUTHERLY 60 FEET OF SAID GOVERNMENT LOT 2. B. PURPOSE AS STATED IN PETITION: A NEW DEDICATED R/W WILL BE CONSTRUCTED TO PROVIDE ACCESS TO THE BEACH. THIS WILL PROVIDE BETTER ACCESS AT ONE CENTRAL POINT WITH BETTER VISIBILITY WHEN DRIVING ONTO AND OFF BEACH. C. PETITIONER(Sl: MARY ELLEN PERRIZO - KENAI, ALASKA; SALAMATOF NATIVE ASSOCIATION - KENAI, ALASKA; AND, THE KENAITZE INDIAN TRIBE, - KENAI, ALASKA. PUBLIC HEARING WILL BE HELD BY THE KENAI PENINSULA BOROUGH PLANNING COMMISSION ON MONDAY, TUNE 22, 1998 COMMENCING AT 7:30 P.M., OR AS SOON THEREAFTER AS BUSINESS PERMITS. MEETING TO BE HELD IN THE BOROUGH ADMIMSTRATION BUILDING, SOLDOTNA, ALASKA. ANYONE WISHING TO TESTIFY MAY COME TO THE ABOVE MEETING TO GIVE TESTIMONY; OR MAY SUBMIT A WRITTEN STATEMENT TO THE ATTENTION OF LISA PARKER, OR BOBBIE HARRIS, KENAI PENINSULA BOROUGH PLANNING DEPARTMENT - 144 N. BINKLEY STREET - SOLDOTNA, ALASKA 99669. WRITTEN TESTIMONY SHOULD BE RECEIVED BY THE PLANNING DEPARTMENT NO LATER THAN WEDNESDAY, JUNE 17, 1998. [WRITTEN COMMENTS MAY ALSO BE SENT BY FAX TO 907--262-8618] IF THE PLANNING COMMISSION APPROVES THE VACATION, THE ASSEMBLY OF KENAI PENINSULA BOROUGH HAS THIRTY DAYS FROM THAT DECISION IN WHICH THEY MAY VETO THE PLANNING COMMISSION APPROVAL OF THOSE PORTIONS OF THE VACATION WITHIN THE BOROUGH. IF THE PLANNING COMMISSION DENIES THE VACATION, PETITIONERS HAVE EIGHT CALENDAR DAYS IN WHICH THEY MAY FILE A WRITTEN NOTICE OF APPEAL WITH THE BOROUGH CLERK. PUBLISH 2 X (WEDNESDAYS JUNE 1 O AND 17, 1998) RR~E~VE 1 JUN ~ ~ 19~N lyg11 ~; P~P,.?rr~T ; i i' 60' GOVT. LOT R/A' :-- PROPOSED TO BE DEDICATEDi 'EXISTING 60' R/W ; EASEMENT ~' EXISTING ;ROAD _ (AS-BUILT LOCATION) ,~ , 60' R/W & EASEMENT PROPOSED TO BE;~ VACATED ACTION POSTPONED TO JUNE 22, 1998 ~' ~ ~_--===-1-==-- _ OH PO NER ' LI~~'E ' GOVT. LOT S EXISTING ~ " ~ ROAD ; ~ ;! i ,' PARKING AREAS/PROPOSED TO BE DEDICATED (200 FT. ; X ~BO FT.) Y/%~ ;, ~ ~~ i ,-- ~ i~ z I ~,%// ~; ~ % :~,~ I i ~~! ~ ~' / I. % / ~I ` ~ !f h ~~~ ~~ ~. ~~ ~ i-a ~ % ~ ~ > ~~ 1 ~ 1 ~.~`' •I I i REVISION BLOCK w in ::.... ,t.. ,f ,..w...~e, ~,F .,,,, l.~ .~.:s nrtM..nw wxa NORTH ~ ~~ w M .u lICALE KENAI PENINSULA BOROUGH G19 DWlslon CANNERY ROAD KPB 98-071 C' = i00' DwiC 1/'?0/9B I~-~ PLANNING 8s ZONING COMMISSION Meets Second and Fourth Wednesday - 7:00 p.m. Art Graveley 2000 1612 Fathom Drive Kenai, AK 99611 283-4264 (home) Carl Glick 2001 P.O. Box 528 Kenai, AK 99611 283-7644 (home) Phil Bryson 2001 P.O. Box 1041 Kenai, AK 99611 283-4428 (home) 283-4672 (work) Teresa Werner-Quade 1999 409 McCollum Drive Kenai, AK 99611 283-5423 (home) Karen J. Mahurin 1999 P.O. Box 1073 Kenai, AK 99611 283-4697 (home) 283-4826 (work) Ron Goecke 1999 P.O. Box 3474 Kenai, AK 99611 283-9436 (home) 283-7070 (work) Barbara A. Nord 2000 690 Sycamore Kenai, AK 99611 283-9678 (home) 262-3958 (work) Ad Hoc: Hal Smalley 105 Linwood Lane Kenai, AK 99611 Telephone: 283-7469 (home) 283-5177 (work) Contract Se~.retary: Barbara L. Roper P.O. Box 4234 Soldotna, AK 99669 (262-6577) (6/ 1/98) -