HomeMy WebLinkAbout1998-11-25 p&z packetAGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
November 25,1998 - 7:00 p.m.
http://www. ci.kenai.ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: October 28, 1998
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
} a. PZ98-57--Preliminary Plat--Original Townsite of Kenai, Laddville Replat No. 3
4. PUBLIC HEARINGS:
a. PZ98-55--An application for a Conditional Use Permit for an autobody shop for the
property described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road,
Kenai, Alaska. Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai,
Alaska.
b. PZ98-58--A resolution of the Planning & Zoning Commission of the City of Kenai,
Alaska amending KMC 14.20.280 to add the requirement of posting property involved in
proceedings which require public hearings.
5. NEW BUSINESS:
a. *PZ98-59--An application for a Home Occupation Permit for a Daycare for the property
described as Lot 3B, Block 1, Glass Subdivision No. 2, 1702 4`" Avenue, Kenai, Alaska.
Application submitted by Shannon Fitt, 1702 4~' Avenue, Kenai, Alaska.
b. *PZ98-60--An application for a Home Occupation Permit for a Daycare for the property
described as Lot 2, Block T, Woodland Subdivision, Part 4, 718 Sycamore Street, Kenai,
Alaska. Application submitted by Debra K. Brown-Roper, 718 Sycamore Street, Kenai,
Alaska.
6. OLD BUSINESS:
7. CODE ENFORCEMENT:
Planning & Zoning Commission
Agenda
8. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
10. INFORMATION ITEMS:
a. Meeting Schedule for 1999
b. Letter to T. Werner-Quade dated 11/9/98
c. Commission Roster
d. Letter of resignation from Art Graveley dated 11/10/98
e. Memo dated 10/30/98 regarding training
f. KPB Planning Commission Action of 11/9/98
g. Letter from T. Werner dated 11/16/98
11. COMMISSION COMMENTS & QUESTIONS:
Page 2
November 25, 1998
12. ADJOURNMENT:
AGENDA
CITY OF KENAI
PLANNING & ZONING COMMISSION
KENAI CITY COUNCIL CHAMBERS
October 28,1998 - 7:00 p.m.
httn://www.ci.kenai. ak.us
1. CALL TO ORDER:
a. Roll Call
b. Agenda Approval
c. Approval of Minutes: October 14,1998
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion of
these items unless a Commission 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.
2. SCHEDULED PUBLIC COMMENT:
3. CONSIDERATION OF PLATS:
a. PZ98-49--Preliminary Plat--Spruce Grove Subdivision -Murphy's Replat
4. PUBLIC HEARINGS:
a. PZ98-50--An application for a Conditional Use Permit to operate a Bed & Breakfast for
the property described as Government Lot 176 (101 Highbush Lane), Kenai, Alaska.
Application submitted by Rita Botelho, P.O. Box 615, Kenai, Alaska.
b. PZ98-51--An application for a Variance Permit for rear yard setbacks for the property
described as Lot 1-A, Spruce Grove Subdivision, Hales Addition, 1806 4`h Avenue,
Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4`h Avenue, Kenai,
Alaska.
c. PZ98-52--An application for an Encroachment Permit for the side yard for the property
described as Lot 1-A, Spruce Grove Subdivision, hales Addition, 1806 4`h Avenue,
Kenai, Alaska. Application submitted by Marlena Murphy, 1806 4`h Avenue, Kenai,
Alaska.
d. PZ98-53--a resolution of the Kenai Planning & Zoning Commission recommending to
City Council the changing of certain existing street names. Streets include those streets
whose pre-directionals were changed to post-directionals in 1996. For example, Willow
Street Noah would be changed to North Willow Street.
e. PZ98-54--a resolution of the Planning & Zoning Commission recommending the Kenai
Municipal Code at 12.25.030 be amended to set clear standards for what constitutes a
junk vehicle.
5. NEW BUSINESS:
a. PZ98-56--Landscape/Site Plan Review--8080 Kenai Spur Highway. Application
Planning & Zoning Commission
Agenda
Page 2
October 28, 1998
submitted by Deanna L. Moore, Moore's Landscaping, P.O. Box 944, Kenai, Alaska.
b. Discussion--Amendment to KMC 14.20.280--Public Hearings and Notifications
6. OLD BUSINESS:
7. CODE ENFORCEMENT:
S. REPORTS:
a. City Council
b. Borough Planning
c. Administration
9. PERSONS PRESENT NOT SCHEDULED:
10. INFORMATION ITEMS:
a. KPB Notice of Public Hearing on Petition to Vacate - 11/9/98
b. Memo from KPB Planning Department dated 10/15/98
c. KPB Plat Committee Action of 10/12/98
d. Memo dated 10/15/98 canceling November 11, 1998 Meeting
11. COMMISSION COMMENTS & QUESTIONS:
12. ADJOURNMENT:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
OCTOBER 28, 1998 - 7:00 P.M.
KENAI CITY HALL
CHAIRMAN: CARL GLICK
*** MINUTES ***
1. CALL TO ORDER AND ROLL CALL
Chairman Glick called the meeting to order at 7:00 p.m.
a. Roll Call
Members Present: Carl Glick, Phil Bryson, Teresa Werner-Quade, Ron
Goecke, Barb Nord
Members Absent: Art Graveley
Also Present: Councilman Smalley, Administrative Assistant
Marilyn Kebschull, Contract Secretary Alison Rapp
b. Agenda Approval
GOECKE MOVED TO APPROVE THE AGENDA AS WRITTEN
AND ASKED FOR UNANIMOUS CONSENT. MOTION WAS
SECONDED BY NORD.
Chairman Glick asked for objections to unanimous consent.
GOECKE MOVED TO AMEND APPROVAL OF THE AGENDA
ADDING THE HANDOUT RECEIVED BY DAVID HALES. NORD
SECONDED THE MOTION.
AGENDA WAS APPROVED AS AMENDED.
c. Approval of Minutes: October 14, 1998
GOECKE MOVED TO APPROVE THE MINUTES OF OCTOBER
14, 1998 AND ASKED FOR UNANIMOUS CONSENT. MOTION
SECONDED BY NORD. THERE WERE NO OBJECTIONS.
MOTION PASSED.
d. Consent Agenda
* All items listed with as asterisk (*) are considered to be
routine and non-controversial by the Commission and will be
Kenai Planning & Zoning Commission
October 28, 1998
Page 1
approved by one motion. There will be no separate discussion
of these items ualess a Commission Member so requests, in
which case the item will be removed from the Consent Agenda
and considered in its normal sequences on the agenda as part
of the General Orders.
2.
3.
SCHEDULED PUBLIC COMMENT: -- Noae
CONSIDERATION OF PLATS:
a. PZ98-49--Preliminary Plat--Spruce Grove Subdivision -
Murphy's Replat.
MOTION•
NORD MOVED TO APPROVE PZ98-49. BRYSON SECONDED
THE MOTION.
Chairman Glick requested comments from the staff. Kebschull
recommended the Commission review the Variance and
Encroachment Permit applications (Items 4b and 4c) prior to
consideration of the plat. She commented the plat should note an
encroachment exists on Lot 1-B and an encroachment will be
created on Lot 1-C.
MOTION•
BRYSON MOVED TO HEAR THE CONSIDERATION AFTER
ITEM 4C. GOECKE SECONDED THE MOTION.
VOTE:
BRYSON YES
WERNER-QUADE YES
GOECKE YES
MOTION PASSED.
4.
PUBLIC HEARINGS:
NORD YES
GLICK YES
GRAVELEY ABSENT
a. PZ98-50 -- An application for a Conditional Use Permit to
operate a Bed 8s Breakfast for the property described as
Government Lot 176 (101 Highbush Lane), Kenai, Alaska.
Application submitted by Rita Botelho, P.O. Box 615, Kenai,
Alaska.
MOTION•
Kenai Planning & Zoning Commission
October 28, 1998
Page 2
GOECKE MOVED TO APPROVE PZ98-50 CONDITIONAL USE
PERMIT FOR A BED AND BREAKFAST. MOTION SECONDED
BY BRYSON.
Chairman Glick opened the Public Hearing and asked that
testimony be limited to three minutes unless it is a prepared
written statement. Those giving testimony were asked to state
their name and address for the record and sign the sheet provided
on the podium.
Verbatim Begins
Dick Morgan, 1401 Lawton Drive, Kenai, Alaska I own two lots
which is immediately adjacent to the property in question. All I
want to say is I think it is a good idea and I am all for it.
Chairman Glick: Thank you Mr. Morgan.
Verbatim Ends
Kebschull drew attention to the Building Official's comments
which recommended approval contingent on the building permit
and the completion of construction. Bryson inquired if the staff's
recommendation was incorporated into the motion.
Goecke agreed to incorporate staff's suggestions into the motion.
Bryson concurred.
VOTE•
WERNER-QUADE YES
GOECKE YES
NORD YES
BRYSON YES
GLICK YES
GRAVELEY ABSENT
MOTION PASSED.
b. PZ98-51 -- An application for a Variance Permit for rear yard
setbacks for the property described as Lot 1-A, Spruce Grove
Subdivision, FIales Addition, 1806 4th Avenue, Kenai, Alaska.
Application submitted by Marlena Murphy, 1806 4th Avenue,
Kenai, Alaska.
MOTION•
BRYSON MOVED TO APPROVE PZ98-51. MOTION SECONDED
BY GOECKE.
Kenai Planning 8~ Zoning Commission
October 28, 1998
Page 3
Chairman Glick opened the Public Hearing. Those giving
testimony were asked to state their name and address for the
record and sign the sheet provided on the podium.
Verbatim Begins
Marlena Murphy, 1806 4th Avenue, Kenai, Alaska The reason
why I am asking for the 5' variance is because.. um.. if there was
a house to be built with the.. um.. garage that's already on the
back piece of this property. And what I want to do is, if there's a
house to ever be built in there and this property line that I am
also asking for at the same time... is to be able to go from the
front yard to the back yard without having to go around the block.
And.. um.. by giving five more feet to this second lot it would allow
that and give a nice lot for both pieces.
Chairman Glick: Any questions for the applicant? Thank you.
Anyone else in the public wishing to speak to this item? Okay,
seeing none we will bring it back to the Commissioners.
Verbatim Ends
Kebschull noted the staff had no additional comments but this
may not satisfy the requirements for the variance based on the
guidelines and the Municipal Code of 14.20.180(c)(1)(2). Bryson
inquired if it was included as an excerpt in the packet. Chairman
Glick directed him to "analysis" on page one of the Staff Report.
Bryson commented he felt the situation had three times a
frontage situation the owner did not create and that it was a
special situation that normally not addressed in the code. Bryson
noted he felt it was somewhat unfair to have a 25' setback from
the roadway on three sides and a 20' setback in the rear. Bryson
commented the request for a deviation was reasonable to approve.
Bryson further commented 5' side setbacks are intended to
prevent damage to neighbors' property.
VOTE•
GOECKE YES WERNER-QUADE YES
NORD YES GLICK YES
BRYSON YES GRAVELEY ABSENT
MOTION PASSED.
c. PZ98-52 -- An application for an Encroachment Permit for the
side yard for the property described as Lot 1-A, Spruce Grove
Subdivision, Hales Addition, 1806 4th Avenue, Kenai, Alaska.
Kenai Planning & Zoning Commission
October 28, 1998
Page 4
Application submitted by Marlena Murphy, 1806 4~ Avenue,
Kenai, Alaska.
MOTION•
NORD MOVED TO APPROVE PZ98-21. MOTION SECONDED
BY BRYSON.
Chairman Glick opened the Public Hearing. Those giving
testimony were asked to state their name and address for the
record and sign the sheet provided on the podium.
Verbatim Begins
Marlena Murphy, 1806 4~ Avenue, Kenai, Alaska I own this
piece of property.. um.. The reason why we are asking for an
encroachment cause.. um.. it's real close to the property line and
right now it's just a shop. It has a flat roof and up here that is not
too good with snow loads and that. What we're wanting to do is
just put a peaked roof on it and.. um.. the overhang would not be
anymore than what the flat roof represents right now. And.. um..
it wouldn't be any closer to the property line. And it's just for
maintenance of the building and.. um.. realization that it really
needs it.
Chairman Glick: So you wouldn't be putting a second story or
anything on it?
Murphy: Oh no it's just going to be a peaked roof. Right now it's
flat and we have to get up there every winter and really hustle the
snow off and everything. It is just to make it easier in the snow.
An attic is all I see.
Bryson: I am looking at the....
Chairman Glick: Ms. Murphy? He wants to ask you a question.
Murphy: Oh I am sorry.
Bryson: I am looking at the plat that created Lot lA that you are
now subdividing?
Murphy: Yeah.
Bryson: Um.. there is a concrete block building shown in the rear
and I assume that is the same structure. The scale has it being
about 2' from the property line, is that the case?
Kenai Planning & Zoning Commission
October 28, 1998
Page 5
Murphy: Yeah, it is very close. That was that way when we got
the piece of property. It has always been that way. We didn't
build it that way.
Bryson: Do you know what its offset is?
Murphy: It is probably about 2' or right in there. We found one
post yesterday on the right side on Jefferson Street there. Wasn't
sure about the one on Evergreen, but it runs very close to the
property line.
Bryson: You weren't able to find that lot corner that's right at...
Murphy: I think I did, it's uh re-bar down in the ground and the
one over on Jefferson Street was a... um... aluminum cap. So I
assume those are the two corners. And we eyeballed it yesterday
and it's 2 - 2 1 / 2 feet from the edge of the building.
Bryson: There's a letter that was handed out prior to the meeting
here. I think it was a letter from your neighbor and he indicated
that it was several inches away.
Murphy: No, no. The building's more than several inches. The
roofline is closer, but the building wall is not. That is why I state
that the new roof will not go anymore than what the roof is
existing right now. The flat roof is right now... the new roof is
peaked and it would even be away down further than what the flat
roof is sticking out. If anything, it would be less.
Chairman Glick: Thank you. Anyone else in the public wishing
to speak to this item?
(indication from the gallery)
Chairmaa Glick: Yes, sir. State your name and address for the
record and write it on the sheet of paper.
Dave Hales, 404 Ebergreen, Kenai, Alaska Marlena Murphy
and I share a common property line. Um... I wrote the letter
concerning.. um.. my concern.. My main concern is that in the
future if this property is sold or deeded to someone else, that I
don't want this encroachment permit, that say is granted, to open
the door to that structure being developed into a residence by
building a second story onto the structure... Except what its
primary use is right now which is a garage and a storage area.
Marlena and I have been great neighbors for years and good
friends and they are wonderful people. And.. um.. I am not
Kenai Planning 8v Zoning Commission
October 28, 1998
Page 6
concerned about what Marlena wants to do, which is fine with
me, I have no objection to a roof being put on the structure. But
if they were to sell this property and have a Variance Permit, um..
Encroachment Permit granted, I don't want to see it open the door
for that building to be expanded any further really than it already
is.
If it is granted, I would like to see at least two stipulations: Any
second story type additions prohibited and any future addition or
expansion to the structure will only be allowed on the south end
of the structure, which is the farthest away from my property line.
The building itself is probably a foot and a half from the line. The
roof is about an inch from my property line. In 1987 I subdivided
my property and refinanced. And during the.. um.. survey the
surveyor noticed that the roof was actually on my property by
several inches, almost a foot. So.. um.. what I did, I decided I'd
talk to Marlena about it. She didn't know about it either. They
bought the property with the building on it. The original survey
apparently was in error, and so I deeded Marlena Murphy 175' of
my lot about 9" wide so that the roof would then be on their
property. That's how close this building is to the lot line. It's on
the line. Right now the roof is about 1 1/2" to 2" from the
property line.
So, that's my main objection. It is right on the line. My concern
isn't Marlena Murphy, it's a future owner of this property and
what they might do with it. I feel it is a valid concern. I feel if
someone built a two story residence on my.. on that property, it
would really hurt my property value and make it very difficult to
sell my property. Especially imagine showing it to someone and
they~l say what's that and I~1 say that's the neighbors. You know,
they would be right in my back yard. I would be living in a
fishbowl. And it would make my property extremely hard to
market and get a fair value for it. That's about all that I have to
say.
Chairman Glick: Questions, does anybody have any questions?
Bryson: You indicated that.. ah.. you.. ah.. deeded a portion of
the property to the adjacent lot. Is that incorporated into this
plat?
Hales: That is the plat that you are looking at. The one, the.. ah..
Bryson: It is a change from the plat I am looking at?
Hales: It would be, I think it's the same plat you have, this plat, I
think you have reflects the change in the lot line.
Kenai Planning 8v Zoning Commission
October 28, 1998
Page 7
Bryson: And that reflects that 9" that she now has?
Hales: Yes it does. It reflects the 9" that she now has. I have a
copy of the preliminary plat that the surveyor originally did when
he pointed out to me that the roof line was in fact over the
property line. I have a blueprint that he ran for that and.. and.. I
didn't want them to lose.. to have to take off a foot of their roof.
Plus my lender wouldn't refmance if my title had any kind of col..
or.. problem like this. I just deeded Marlena a quit claim deed to
that strip of land.
Bryson: That was subsequently incorporated into this plat?
Hales: Yes. So right now at this moment the roof line does not
extend over my property line. But it is probably within 2" of it.
Bryson: Do you have any problem with.. um.. in the case of a
sloped roof of the snow dumping that direction across the lot line?
Hales: No, I think they will probably build the slope the other
way. And that would be no problem whatsoever. I have no
objections to what she is asking.
Chairman Glick: Okay, thank you very much. Anyone else in
the public wishing to speak to this item?
Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska I have
no particular opinion on that, but, as far as a variance... doesn't a
variance have to be, a variance or certain kinds of permits,
conditional uses and so on have to completed within a year and
they would not carry over automatically to another person if they
weren't completed?
Chairman Glick: If somebody else wanted to come in and build a
second story or build it into a house they would have to come
before us...
Sonberg: ... reapply?
Chairman Glick: ...and reapply, because they'd have to get a
building permit and all that.
(Ms. Sonberg is speaking over Chairman Glick)
Sonberg: Getting a variance doesn't give them license to...
forever...
Kenai Planning & Zoning Commission
October 28, 1998
Page 8
Kebschull: No, an encroachment stays with the property, it's
with the title.
Chairman Glick: But if they wanted to build an addition to the
building?
Kebschull: If they have an encroachment that does not limit
them, they could build a second story. The encroachment permit
allows them to obtain a building permit unless there's
stipulations on that encroachment permit they can build. So, um,
and those were the concerns that Mr. Hales voiced to me and we
verified that with the building official. Because I often times have
banks contact me to see if there is an encroachment permit on a...
Chairman Glick: ...But we could put that stipulation on here?
Kebschull: Yes, and that would be my recommendation.
Sonberg: I was just curious because I didn't know how that
differed. Thank you.
Bryson: This is a situation where it was an existing structure in
the middle of a large tract when all these lots were created the
building was shown. And presumably all the persons that ended
up owning that property would have concurred in principle with
the original subdivision. Ah, the building was an encroachment
to the side setback at the time but it was acknowledged by both
the Planning Commission and.. um.. by the fact of having to proof
it and by the property owners because they bought the property.
Chairman Glick: Okay, once again is there anyone else in the
public wishing to speak to this item? Seeing none, we will bring it
back to the commissioners.
Verbatim Ends
Kebschull recommended approval with Mr. Hales' requested
contingencies as part of the resolution. Bryson commented the
foundation did not appear on the preliminary plat and there was
no evidence other than the application that there was a structure.
MOTION TO AMEND•
GOECKE MOVED TO AMEND THE PREVIOUS MOTION TO
P298-52 FOR AN ENCROACHMENT PERMIT TO INCLUDE:
BUILDING CANNOT BE ENLARGED AND NO FUTURE
BUILDING PERMITS MAY BE ISSUED WITHOUT COMING
BEFORE THIS BODY. BRYSON SECONDED THE MOTION.
Kenai Planning 8v Zoning Commission
October 28, 1998
Page 9
Bryson inquired if the amendment included the roof construction
currently being applied for. Goecke replied the roof would be
included under the intent of the amendment. Kebschull
commented the amendment might be misunderstood as written.
She suggested it might be better to specify a second story may not
be built. Kebschull also pointed out any construction on the
south side could meet all setback requirements going that way.
She expressed concern over limiting any future building permits.
Discussion ensued regarding the pending amendment.
MOTION TO AMEND•
BRYSON MOVED TO AMEND THE AMENDMENT TO ITEM
PZ98-52 TO INCLUDE: WITHIN THE AREA THAT BE
ENCROACHING IN A NORMAL SETBACK SITUATION, NO
ADDITIONAL INTERIOR AREA CAN BE CREATED WITHOUT
ADDITIONAL ENCROACHMENT PERMITS. GOECKE
SECONDED THE MOTION
Discussion continued regarding the wording of the amendments
and the implications of such wordings. Bryson commented he
was considering withdrawing his latest amendment. Kebschull
noted it was the applicant's intention to only put a new roof on
the structure. Kebschull commented it would be best if a limited
encroachment could be issued.
MOTION•
BRYSON MOVED TO WITHDRAW THE AMENDMENT TO THE
AMENDMENT TO ITEM PZ98-52. GOECKE CONCURRED.
Goecke commented he would like to withdraw his initial
amendment to Item PZ98-52. Chairman Glick deferred the
amendment to a vote.
VOTE ON AMENDMENT:
NORD NO GOECKE NO
BRYSON NO GLICK NO
WERNER-QUADE NO GRAVELEY ABSENT
MOTION FAILED.
MOTION TO AMEND:
BRYSON MOVED TO AMEND ITEM PZ98-52 TO INCLUDE:
THIS STRUCTURE IS GRANDFATHERED AS EVIDENCED BY
Kenai Planning & Zoning Commission
October 28, 1998
Page 10
PRIOR PLATS, HOWEVER THE APPLICANT HAS STATED THEY
WOULD LIKE TO CHANGE THE FLAT ROOF TO A PEAKED
ROOF. THIS AMENDMENT LIMITS CONSTRUCTION TO THE
CONSTRUCTION OF A ROOF ONLY. GOECKE SECONDED THE
MOTION.
3a.
Bryson noted it is not an approval for trespass. Goecke agreed.
VOTE ON AMENDMENT:
NORD YES GOECKE YES
BRYSON YES GLICK YES
WERNER-QUADE YES GRAVELEY ABSENT
MOTION PASSED.
Chairman Glick inquired if there was anymore discussion prior to
voting on the main motion for item PZ98-52 as amended. Hearing
none a vote was called.
VOTE ON AMENDED MOTION:
BRYSON YES NORD YES
WERNER-QUADE YES GLICK YES
GOECKE YES GRAVELEY ABSENT
MOTION PASSED.
PZ98-49--Preliminary Plat--Spruce Grove Subdivision -
Murphy's Replat.
Chairman Glick noted there was already a motion outstanding on
this item. Bryson inquired if there was already a motion that
specified existing structures be shown.
MOTION TO AMEND:
BRYSON MOVED TO AMEND ITEM P298-49 TO SHOW
EXISTING PERMANENT STRUCTURES. GOECKE SECONDED
THE MOTION.
VOTE ON AMENDMENT:
WERNER-QUADE YES BRYSON YES
GOECKE YES GLICK YES
NORD YES GRAVELEY ABSENT
MOTION PASSED.
Kenai Planning & Zoning Commission
October 28, 1998
Page 11
Chairman Glick inquired if there was anymore discussion prior to
voting on the plat PZ98-49 as amended. Hearing none a vote was
called.
VOTE ON AMENDED MOTION:
GOECKE - YES WERNER-QUADE YES
NORD YES GLICK YES
BRYSON YES GRAVELEY ABSENT
MOTION PASSED.
d. PZ98-53 -- A resolution of the Planning 8s Zoning Commission
recommending to City Council the changing of certain
existing street names. Streets include those streets whose
pre-directioaals were changed to post-directionals in 1996.
For example, Willow Street North would be changed to North
Willow Street.
MOTION•
WERNER-QUADE MOVED TO PASS THE RESOLUTION PZ98-
53. NORD SECONDED THE MOTION.
Chairman Glick opened the Public Hearing. Those giving
testimony were asked to state their name and address for the
record and sign the sheet provided on the podium.
There was no Public Testimony on this issue. Kebschull
commented the staff had no additional comments on this issue.
VOTE•
NORD YES GOECKE YES
BRYSON YES GLICK YES
WERNER-QUADE YES GRAVELEY ABSENT
MOTION PASSED.
e. PZ98-54 -- A resolution of the Planning 8s Zoning Commission
recommending the Kenai Municipal Code at 23.25.030 be
amended to set clear standards for what constitutes a junk
vehicle.
MOTION:
Kenai Planning & Zoning Commission
October 28, 1998
Page 12
GOECKE MOVED TO PASS THE RESOLUTION PZ98-54.
WERNER-QUADE SECONDED THE MOTION.
Chairman Glick opened the Public Hearing. Those giving
testimony were asked to state their name and address for the
record and sign the sheet provided on the podium.
Verbatim Begins
Gus Rhodes, 207 Birch Street, Kenai, Alaska I have read this
ord.. new ordinance that you put out. It ah does very little to
clarify it in the eyes of the law. I don't know where this ordinance
came from but it has already been overturned by several district
and appellate courts. Especially the parts that re.. put up the
time limitations of 30 days for this and 30 days for that. It has
been said that zoning is that which confiscates property of the
poor and weak and is a nuisance to the rich and powerful. This is
a case where ah it will be enforced only against those who can't
defend themselves. This particular law change came up because
of they.. were talking about inoperative vehicles and the criminal
appeals court has ruled that an inoperative vehicle is not a junk
vehicle. If they are going to make it junk vehicles, then you better
repeal the previous law this one cites and uh get rid of it entirely
and re.. substitute the word junk for inoperative.
Also, this is a land use. Not a uh.. zoning ordinance, this is not
codified as required by the state law and constitution. In the
zoning ordinances, and frankly I think the first time you try to
force this against somebody who is willing to stand up against you
it's going to be thrown out just like the last one was.
Rodes: I would suggest you send it back to the attorney fora re-
write. Any questions?
Bryson: As I ah.. read through it, the portions of the motion now
before us in brackets are sections that are being deleted.
Kebschull: That's correct
Bryson: The reference to non-operating is being deleted
Rodes: I don't have a copy of the law with me.
Bryson: It is a proposal.
Rodes: Okay
Kenai Planning & Zoning Commission
October 28, 1998
Page 13
Bryson: However, your reference to anon-operating vehicle ah..
is noted in here. They're substituting the word junk for ...
(Mr. Rodes is speaking over Bryson)
Rodes: ...okay, okay. Well that takes care... at the present time
isn't there a junk vehicle definition in the zoning law?
Bryson: In exist... this is modifying the existing ordinance.
Rodes: Yeah but this ordinance here, isn't Title 12 for zoning?
Kebschull: No.
Rodes: What? Title 14? And which one.. this is Title 14?
Kebschull: No, Title 12.
Rodes: Title 12, okay. Oh, this is Title 12 and zoning is Title 14.
So therefore this is going to go under the junk vehicle in the
zoning it should be moved over to the other title. You follow me?
And then after you get done it's going to have to be sent to the
City Council for their incorporation.
Chairman Glick: Yes.
Rodes: Okay, any more questions? It's not right to have a law in
the books that is flawed from the beginning. And that's what this
one is. And believe me, I've had some experience with junk cars.
Any more questions?
Chairman Glick: I guess not, thank you Mr. Rodes, appreciate
your input. Is there anyone else in the public wishing to speak to
this item? Seeing none I'll bring it back to the commission.
Verbatim Ends
Kebschull commented the City Attorney would like this change
because the current code does not define a junk vehicle. She
further noted this is an issue this Commission deals with quite
often. Chairman Glick inquired if the City Attorney felt this
proposal was legally defensible. Kebschull replied yes.
VOTE•
BRYSON YES NORD YES
WERNER-QUADE YES GLICK YES
GOECKE YES GRAVELEY ABSENT
Kenai Planning & Zoning Commission
October 28, 1998
Page 14
r
MOTION PASSED.
5.
NEW BUSINESS:
a. PZ98-56 -- Landscape/Site Plan Review -- 8080 Kenai Spur
Highway. Application submitted by Deanna L. Moore, Moore's
Landscaping, P.O. Box 944, Kenai, Alaska.
MOTION•
GOECKE MOVED FOR APPROVAL OF PZ98-56 -- LANDSCAPE/
SITE PLAN REVIEW. WERNER-QUADE SECONDED THE
MOTION.
Kebschull commented the staff had nothing additional on this
item. Kebschull noted that Mr. Moore was present if the
Commission had questions. Bryson commented he would be
abstaining from this item due to a business involvement
consulting on another portion of this property.
Nord commented Mr. Moore has been a client of hers in the past,
but felt there was no conflict on the current item. Chairman Glick
inquired of Nord if she had any business dealings involving this
particular project. Nord replied she had none. Chairman Glick
determined there would be no conflict of interest for Nord on this
item.
Discussion ensued regarding exact location of property. No
questions were raised for the applicant.
VOTE•
WERNER-QUADE YES BRYSON ABSTAIN
GOECKE YES GLICK YES
NORD YES GRAVELEY ABSENT
MOTION PASSED.
b. Discussion -- Amendment to KMC 14.20.280 -- Public
Hearings and Notifications
Kebschull stated approximately one year ago City Council
requested options on providing better public information on
conditional use notification. She commented one of the methods
investigated was placing signs on the property being reviewed.
These signs would be disposable, approximately 24" x 30", and
they would contain basic information regarding what the property
Kenai Planning & Zoning Commission
October 28, 1998
Page 15
is being considered for and the time and location of the Public
Hearing. She further noted it would be the applicant's
responsibility to post the signs and remove the sign.
Councilman Smalley commented this item was discussed at the
last council meeting. He stated the Council and the public felt
this was a good idea.
Chairman Glick inquired if the Committee Members would like it
to go to public hearing. Werner-Quade and Nord responded yes.
Goecke commented he was unsure and stated he preferred not to
have a Public Hearing. Bryson commented he saw the merits,
although questionned the purpose in lesser developed areas. He
added, he was in favor of a Public Hearing. Chairman Glick
determined the issue would go to Public Hearing.
6. OLD BUSINESS: -- None
7. CODE ENFORCEMENT ITEMS: -- None
8. REPORTS
a. City Council
Councilman Smalley reported on the recent election noting
Councilmen Moore and Bookey and the Mayor were all reseated.
Smalley commented on the last City Council meeting noting
Ordinance No. 1797-98 (Conditional Use Permit) passed.
Smalley commented the spring budgets would include money to
hire a consultant to aid in making sure the Code, Comprehensive
Plan and Land Use Table are compatible. He noted, all three
would be looked at simultaneously to ensure consistency.
Smalley stated the project would start sometime after July 1,
1999.
Councilman Smalley went over the agenda from the October 21,
1998 City Council meeting in detail. Item 2 - 5 on the first page
all passed. Item 4 is basically in reference to special elections
being held by mail to possibly increase voter participation.
Approximately $100,000 of the Cunningham Park improvement
fund is a grant with $13,000 coming from the City to cover
engineering. Smalley reported on Page 2, Items 6 - 9 also passed.
He reported Kelly Kelso is the new Director at the Senior Center.
The potential airport development contract, Item F, will be
brought back to look at during the November 12, 1998 Airport
Commission meeting. Smalley noted public discussion is
Kenai Planning & Zoning Commission
October 28, 1998
Page 16
encouraged on that item, it will be considered for action at the
November 18, 1998 Council meeting.
Smalley discussed the Change Order (Item H3) amendment and
explained it resulted in a deletion of a pay item reducing the cost
to the City from $12,000 to $3,950. Proposed library fundraising
strategies discussion (Item H4) was postponed until a future
meeting.
b. Borough Planning
Bryson reported on the Borough Plat Committee meeting of
October 26, 1998. Bryson noted all items on the consent agenda
were approved as submitted. Item E 1 was postponed per staff
request. Item E2, a petition to vacate, failed. Bryson further
noted Items F1 and F2 were approved and Item F3 was
postponed. For the Item L groups, 9 existing prior use
applications were submitted by Quality Asphalt Paving, all but
one was approved.
c. Administration
Kebschull commented Council had requested the City Clerk look
into training options for this board as well as other boards.
Kebschull requested Members determine what topics they would
be interested in and if one or two-day training would be better.
She further noted potential times and dates would be helpful for
possible scheduling.
Chairman Glick commented he liked the training idea but would
prefer to not train while the Commission has a vacancy.
Councilman Smalley commented he felt the vacancy would be
filled soon, possibly by the next meeting. Bryson commented he
would have a difficult time participating during the day, evenings
and Saturdays would be the best for him.
Kebschull suggested the City Clerk could obtain potential dates
for the Members to review. Werner-Quade commented due to her
work schedule she has asked to be transferred from the Planning
and Zoning Commission. She further noted, under that
circumstance, she would be unwilling to partake in a group
training session.
Nord commented she would have no problem attending Saturday
training and suggested including other cities in the class.
Kebschull stated she and the City Clerk were looking into that
option. She further noted that would help with the cost. Nord
noted she liked hearing the input of Members from other cities.
Kenai Planning 8~ Zoning Commission
October 28, 1998
Page 17
Goecke commented Saturday would be the best for him or
possibly even during the evening.
Kebschull commented since there will not be another meeting
until November 25 the City Clerk may contact Members
individually to get feedback and information. She further
commented Council had approved the cancellation of the
November 11, 1998 meeting.
9. PERSONS PRESENT NOT SCHEDULED:
Debbie Sonberg, 410 Cinderella Street, Kenai, Alaska Ms. Sonberg
spoke in favor of the notification signs. She cited her neighborhood as
an example where notification signs would be particularly helpful. Ms.
Sonberg commented she had brought this issue up in the past and
would be testifying at the Public Hearing in favor of the signs.
Chairman Glick thanked her for her input and inquired if anyone else
wanted to speak.
Gus Rodes, 207 Birch Street, Kenai Alaska Mr. Rodes commented he
too was in favor of the public notification signs. He noted many
locations Outside that followed that procedure.
10. INFORMATION ITEMS:
a. KPB Notice of Public Hearing on Petition to Vacate -- 11/9/98
b. Memo from KPB Planning Department dated 10/ 15/98
c. KPB Plat Committee Action of 10/ 12/98
d. Memo dated 10/ 15/98 canceling November 11, 1998 Meeting
11. COMMISSION COMMENTS AND QUESTIONS:
12. ADJOURNMENT•
GOECKE MOVED TO ADJOURN. MEETING ADJOURNED 8:25 p.m.
Respectfully submitted,
Alison Rapp
Contract Secretary
Kenai Planning & Zoning Commission
October 28, 1998
Page 18
~~
STAFF REPORT
To: Planning & Zoning Commission
Date: November 4, 1998
Prepared By: JL/mk
Res: PZ98-57
GENERAL INFORMATION
Applicant: Segesser Surveys
HC2, Box 634
Soldotna, AK 99669
Requested Action: Preliminary Plat
Legal Description: Original Townsite of Kenai, Laddville Replat No. 3
Existing Zoning: CC--Central Commercial
Current Land Use: Residential/Commercial
Land Use Plan: Historical Townsite
ANALYSIS
City Engineer:
Plat should reestablish or show sewer and water main easements from Riverview
Drive. KPB file number 94-046, Original Townsite of Kenai Laddville Replat, shows
a retained 30' water/sewer easement in place of a right of way easement. This
easement should be shown on Laddville Replat No. 3.
Building Official:
No building code issues.
RECOMMENDATIONS
Approval with contingencies.
ATTACHMENTS:
1. Resolution No. PZ98-57
2. Preliminary Plat
CITY OF KENAI
PLANNING AND ZONING COMMISSION
'; RESOLUTION NO. PZ98-57
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Original Townsite of Kenai, Laddville Replat No. 3 was
referred to the City of Kenai Planning and Zoning Commission on November 3, 1998
and received from Segesser Surveys, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned CC--CENTRAL COMMERCIAL and therefore subject to said zone
conditions.
2. Water and sewer: Available
3. Plat does not subdivide property within a public improvement district subject to
special assessments. There is not a delinquency amount owed to the City of Kenai
for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that no encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. Show water and sewer and easements from Riverview Drive.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH
PLANNING COMMISSION APPROVE ORIGINAL TOWNSITE OF KENAI, LADDVILLE
REPEAT NO. 3 SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, NOVEMBER 25, 1998.
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( ) Record Datum - U. S. Survey 2970 B nn
30' ROW Vacated & Changed l~0°
to 30' Water/Sewer Easement 883°51 44"W 433.17' 1
(5852'15"W 432.82') cn Co ''
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No. Bearin Distance
L1 S8 51'44"W 14.91'
L1 S8 52'15"W 14.90'
L2 N1 43'32"E 38.38'
L3 N88°53'12"W 45.36'
L4 S10 07'30"W 20.25'
L5 810°07'30"W 15.19'
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(271.76') 271.62'
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Book 29 Page 128, KRD.
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NOTES:
1) Development of these lots is subject to the City of Kenai's zoning
regulations.
2) No permanent structure shall be constructed or placed within a
utility easement which would interfere with the ability of a Utility
to use the easement.
3) Blanket electric easements exist across Lot 8, Block 18 and lot 4,
Block 19 of the Original Townsite of Kenai.
4) "WASTEWATER DISPOSAL: Wastewater treatment and disposal systems
must meet the regulatory requirements of the Alaska Department of
Environmental Conservation.
Subject to any noted restrictions,
The Alaska Department of Environmental Conservation approves this
subdivision for plotting."
L e.., ~.i ~r.~c~- tz cs 4~
signs- ture~, title date
30' ROW being ~
vacated this plat. 5,~~,
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u
o Lot ` 4 A
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a 47,584 S.F.~
0 o Upland: 18,938 S.F.: ~
(East 310.52')
l~J ~ ~ NJ lRl V LS 1! L
SURVEYOR'S CERTIFICATE
I hereby certify that; I am properly registered and I
to practice land surveying in the State of Alaska, this
represents o survey made by me or under my direct sup
the monuments shown hereon actually exist as deserib
all dimensions and other details are correct to the
standards of practice of land surveyors in the State of
Date / 3 D~z, 4 `j
CITY OF K ~~ v~'
ENAI
„ ~~ e~:l~:~ ~ ~~~--
~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014 ~
OFAminap
1ILI~1
1992
October 26, 1998
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been scheduled for the Planning and Zoning Commission
Meeting of November 25, 1998:
PZ98-55--An application for a Conditional Use Permit for the property described as Lot C,
Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska. Application submitted
by Tom Tribble, 3520 Beaver Loop Road, 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
996 1 1-7794 prior to November 25th. For further 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: October 22, 1998
Prepared By: JL/mk
Res: PZ98-55
GENERAL INFORMATION
Applicant: Tom Tribble
Triple T Autobody
3520 Beaver Loop Road
Kenai, AK 99611
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Conditional Use Permit -Autobody Shop
Lot C, Michael C. Pelch Homestead
3520 Beaver Loop Road
04949016
RR--Rural Residential
Residential
Low Density Residential
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.
Applicant is applying for a permit as result of a complaint received by the City.
Tribble states he was unaware that a permit was required. Kenai Peninsula
Borough Sales Tax Department shows Mr. Tribble has been registered to collect
sales tax since April 1, 1997.
This property is owned by Jennie O. Cresap, 61 1 E. Main, Brandsville, MO 65688.
Ms. Cresap is Mr. Tribble's mother. A letter has been received from Ms. Cresap
giving Mr. Tribble permission to apply for the Conditional Use Permit.
PZ98-55 Comment Page 2
City Engineer:
Traffic to and from the business is minimal. Some limitation as to the amount of
exterior storage of vehicles may be appropriate.
Building Official:
Some building and fire code requirements may be needed. The City Fire Marshall
should be notified if approval of this Conditional Use Permit occurs, at which time
he will do an inspection for compliance.
RECOMMENDATIONS
This business has been in operation since at least 4/1 /97 (per KPB Sales Tax
Records). The City has received only one complaint regarding this business. This
business is located in aloes-density residential area that is near a mix of recreational
businesses, gravel pits, and residences. It would appear that the requested permit
would fit the requirements of KMC 14.20.150. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-55
2. Application
3. Drawings
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ98-55
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: Tom Tribble, Triple T Autobodv
USE: Autobodv Shop (Painting Cars & Trucks)
LOCATED: 3520 Beaver Loop Road (Lot C, Michael J. Pelch Homestead)
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Section 14.20.150 has been
submitted and received on: October 13, 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: November 25. 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 AUTOBODY SHOP 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, NOVEMBER 25 , 1998.
CHAIRPERSON:
ATTEST:
RECEIVED
tlCl~ 13 ~
~~
CITY OF KENAI d ...~!TM ~F K~NAi
CONDITIONAL USE PERMIT
NAME ---,o. _ .~--
~ d. _ -~ .
¢~K.... ~j ~ ~,
PHONE Q -
MAILING
ADDRESS 3~ ~,~ ~v,.,Q~ ~~
ADDRESS 3
LEGAL L,._0 -~ C Yvu t -.,..,Q T ~ ~C..k. t-~a~ S ~- e,+d.
DESCRIPTION -~ 4 ~9 ~ ~ ~
.ZONING C ORR-1 RS RS-1 RS-2 CC CG IL IH R RUl
DISTRICT
Section 14.20.150 of the Kenai Municipal Code outlines regulations
which allow Conditional Use Permits for certain developments.
PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE
SPACE BEFORE THE ITEM TO INDICATE THAT YOU HAVE READ AND UNDERSTAND
THESE CONDITIONS.
A Conditional Use Permit issued by the Kenai Planning
and Zoning Commission is required for some uses which
may be compatible with principal uses in some zones
if certain conditions are met. I understand a
conditional use permit is required for the proposed
~~ dev op ent as described
S° ~ ~' 2
Please submit site Plan, Map (if available) and
Traffic Flow & Parking
Please submit plans showing the location of all
existing and proposed buildings or alterations,
elevations of such buildings or alterations, and data
as may be required.
A Public Notification and Hearing is required before
=
rr) the issuance of this permit. A $105.00 non-refundable
deposit/advertising fee is required to cove
th
e r
ese
notification costs. (Please see attached sheet).
~~_5 ~
An approved conditional use permit shall lapse twelve
months from the date of approval if the nonconforming
use for which the conditional use permit was approved
has not been implemented. The Commission may grant a
time extension not to exceed six months upon a
finding that circumstances have not changed
sufficiently since the date of initial permit
approval. A request for extension must be submitted
prior to expiration of permit. A public hearing
shall not be required as a condition to granting the
extension.
ADDITIONAL COMMENTS:
Applicant Signature- `~.~ Date: ~~~ ~ ~~
c T~-r
Approved at P&Z Meeting:
Approved: Chairperson Attest:
O7!
//~a ague
Brandsville, :'?o.
October 16, 19Q8
CG.r~r R. Groves, Cit;;r ~?tty.
21 'J Fidal;o
Suite 200
Kenai, _-^.laslcr, q~%611
De~:s• ~'Ir. Graves:
Please be ~:dv'_sec. J~14t as the o~,mer of property located at 320
Beaver Loop Ro~.d, Kenai, .~.las'=ca, that ThoMas Tribble, occupant,
~1ba, ss Triple T Tito Body, 'na,s my nermi ssi on to apply for a.
condytional ~zse rsr~!it for this business.
Ver~r ±~ ul~r ~rrnu s
G -,,~,~
~~~~~ ~ ~ ~
ennie 0. resa~
RECEIVED
OCT 2 11998
KENAI LE+CAL DcPT.
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CITY OF KENAI
PLANNING & ZONING
COMMISSION
PUBLIC HEARING
NOTICE
Kenai City Council Chambers
210 Fidalgo Avenue, Suite 200
November 25, 1998 @ 7 p.m.
PLANNING 8v ZONING
RESOLUTION NO. 98-58
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, AMENDING KMC 14.20.280 TO ADD THE REQUIREMENT OF
POSTING PROPERTY INVOLVED IN PROCEEDINGS WHICH REQUIRE PUBLIC
HEARINGS.
WHEREAS, KMC 14.20.280 sets forth the public notice to be given for public hearings
of the Planning & Zoning Commission; and
WHEREAS, KMC 14.20.280 now requires publication in a newspaper of general
circulation and individual notice to property owners within 300 feet of the effected
parcel; and
WHEREAS, adding public posting of effected property would increase public notice
and provide greater public awareness of issues before the Planning 8s Zoning
Commission;
NOW, THEREFORE, KMC 14.20.280 is amended to include the following:
(d) Public Posting. The applicant shall post the property subiect to the
application with public notices as provided by the City at least ten (10)
davs before the date of the reauired public hearing. Such notices shall
be placed so as to be visible from each improved street adiacent to the
property. The applicant is responsible for removing the posted notices
within five (5) davs after the hearing is completed. Failure to properly
post notices shall be grounds for deferral or denial of the application. No
one except the applicant, an agent of the applicant, or the City shall
remove or tamper with any such reauired posted notice during the
period it is required to be maintained under this paragraph.
(e) Proof of Posting. Before the public hearing, the applicant shall submit to
the City an affidavit signed by the person who posted the notice stating
that the notice was posted as reauired by this section.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 25~ day of November, 1998.
Chairman:
Attest:
C:~~.
STAFF REPORT
To: Planning & Zoning Commission
Date: November 9, 1998
Prepared By: JL/mk
Res: PZ98-59
GENERAL INFORMATION
Applicant:
Requested Action:
Legal Description:
Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Shannon Fitt 283-5049
1702 4th Avenue
Kenai, AK 9961 1
Home Occupation Permit -Daycare
Lot 3B, Block 1, Glass Subdivision No. 2
04302041
RS--Suburban Residential
Residential
Medium Density Residential
KMC 14.20.230 outlines the regulations that allow home occupations in residential
areas. Daycare is specifically listed as a use that qualifies as a home occupation.
Ms. Fitt has provided information that she provides care for less than eight children.
The daycare generally operates four (4) days a week. A drawing of the home is
provided. The home is estimated at 1200 square feet, which would mean that 360
square feet could be used exclusively for the daycare. Ms. Fitt has one room,
which is used primarily for the daycare. That room is 96 square feet. In addition,
the children use the kitchen, bathroom and living room on a limited basis.
RECOMMENDATIONS
Based on the information provided, it appears that the Ms. Fitt's daycare qualifies
for a Home Occupation Permit.
ATTACHMENTS:
1. Resolution No. PZ98-59
2. Application
3. Drawings
CITY OF KENAI
PLANNING Sz ZONING COMMISSION
RESOLUTION NO. PZ98-59
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Peek A Boo Place Daycare
OPERATED BY: Shannon Fitt
LOCATED: 1702 4~' Avenue. Kenai (Lot 3B. Block 1. Glass SD No. 2)
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been submitted
and received on November 9. 1998 .
2. That the application has been reviewed by the Commission at their meeting of
November 25. 1998 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he can
and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development
meets the conditions required for said proposal and therefore the Commission
authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 25th
day of November 1998.
Chairman: ~ ~ ,,
~ /
ATTEST: ~~1~C.~,-~~~I
RE~EI E.
HOME OCCUPATION PERMIT
APPLICATION ~ ~ g
DATE: ~ `~ ~ ~ q
NAME: SGT a ~ ~ t~ /1 /~ ~ PHONE: _ 0~0 ~ -' ~p D
MAILING ADDRESS:
PHYSICAL ADDRESS
LEGAL DESCRIPTION:
'r ~ fv ~ (~ ~ 1 ~ s 3 l Ian ~sya. ~ ~ ~l~ct5 ~u.(~ ~ o a ~r1 ~ ~~ ~ ~
'off. C~ .~A
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PARCEL NUMBER: ~'y,~~-C' ~f) ZONING:
DESCRIPTION OF OCCUPATION: 1~~P.u_/. (~~,V~ ~~~y'~(~ ~ C~~~
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home
Occupations in residential zones, subject to the following conditions:
Not more than one person outside the family shall be employed in the home
occupation.
No more than 30 % of the gross floor area of all buildings on the lot shall be used for
the home occupation. Submit a site elan showing square footage of all structures
on the lot. including the residence and any accessory structures In addition.
show narking areas and traffic Hatteras. Clearly mark the area to be used for
the home occupation.
The home occupation shall be carried on wholly within the principal building, or the
building which aze accessory thereto. Any building used for a home occupation shall
be wholly enclosed.
Applicant's Signature: ~~ `y~~~ Date: 1
~~~~
********
Application reviewed and approved by: `-~- ~~,
Planning & Zoning O ici 1
Date: ~1 ~~'"
Approved by the Planning & Zoning Commission: Date: 1 a ~~
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STAFF REPORT
To: Planning & Zoning Commission
Date: November 18, 1998
Prepared By: JL/mk
Res: PZ98-60
GENERAL INFORMATION
Applicant: Debra K. Brown-Roper 283-5650
718 Sycamore Street
Kenai, AK 9961 1
Requested Action:
Legal Description:
Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Plan:
ANALYSIS
Home Occupation Permit -Daycare
Lot 2, Block T, Woodland Subdivision Part 4
04335050
RS--Suburban Residential
Residential
Medium Density Residential
KMC 14.20.230 outlines the regulations that allow home occupations in residential
areas. Daycare is specifically listed as a use that qualifies as a home occupation.
Ms. Brown-Roper has stated that she provides care for less than eight children. A
drawing of the home is provided. The home is estimated at 1100 square feet,
which would mean that 330 square feet could be used exclusively for the daycare.
There is no area of the home used exclusively for the daycare. The children use the
kitchen, bathroom and living room and one bedroom on a limited basis.
RECOMMENDATIONS
Based on the information provided, it appears that the daycare qualifies for a Home
Occupation Permit. Recommend approval.
ATTACHMENTS:
1. Resolution No. PZ98-60
2. Application
3. Drawing
CITY OF KENAI
PLANNING & ZONING COMMISSION
RESOLUTION NO. PZ98-60
HOME OCCUPATION PERMIT
A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS
AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE,
FOR: Daycare
OPERATED BY: Debra K. Brown-Roper
LOCATED: 718 Sycamore Street (Lot 2, Block T. Woodland SD Part 4)
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230, has been submitted
and received on November 17, 1998 .
2. That the application has been reviewed by the Commission at their meeting of
November 25. 1998 and found that all application requirements have been
satisfied.
3. That the applicant has demonstrated with plans and other documents that he can
and will meet the requirements and conditions as specified.
4. That the following additional requirements have been established by the
Commission as a condition of permit issuance:
NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the
City of Kenai that the applicant has demonstrated that the proposed development
meets the conditions required for said proposal and therefore the Commission
authorizes the permit.
PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 25th
day of November 1998.
/rte
Chairman: / • / c~ ~ % -~
ATTEST: ~~ v1~-~~ ;
HOME OCCUPATION PERMIT
APPLICATION
REC~~VEp
NOy ~ r ~
DATE:~1yc~~m ~~ I IG' - I ~c~~
NAME: 1~C, ~Y~ ~ ;~ _- PHONE: G-'~~ ~tP~~
MAILING ADDRESS:
PHYSICAL ADDRESS:
LEGAL DESCRIPTION:
~.-
rn~~rze. ' i
~(p//
PARCEL NUMBER: ~~ '-' .` . ~ ~:-;~ -`_ ~~~ C' ZONING: ,
DESCRIPTION OF OCCUPATION: f Y~ U~-
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home
Occupations in residential zones, subject to the following conditions:
Not more than one person outside the family shall be employed in the home
occupation.
No more than 30 % of the gross floor area of all buildings on the lot shall be used for
the home occupation. Submit a site plan showing square footage of all structures
on the lot, includins the residence and any accessory structures. In addition,
show Harkins areas and traffic patterns. Clearly mark the area to be used for
the home occupation.
The home occupation shall be carried on wholly within the principal building, or the
building which are accessory thereto. Any building used for a home occupation shall
be wholly enclosed.
A licant's Si nature: L~ ~~h ~/'~~~~ i~L Date: ~~' ' ( T
rr e /~ ~~
~+ , ~ ~ ~
Application reviewed and approved by: ~- ~, ; ! ~ ,~~.
` Pl nning & Zoning ffi ial
Date: ~
Approved by the Planning & Zoning Commission: Date: 1 i ~ ~; ~ ~'d
r ~lol/
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
NOVEMBER 4, 1998
7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
http:/ /www.ci.kenai.ak.us/
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. OATHS OF OFFICE -- MAYOR WILLIAMS, COUNCILMEN BOOKEY
AND MOORE
4. Agenda Approval
5. 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.
I ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
1. Bill Coghill -- Mikunda Cottrell 8v Co. /Audit Presentation
2. Bob Seymour -- KCHS Hockey Booster Club
ITEM C: PUBLIC HEARINGS
~y7P~ /~• 1. Resolution No. 98-?? -- Adopting Certain Street Name Changes
2. Resolution No. 98-78 -- Awarding a Bid to Eastside Carpet Co. for
Kenai Public Library Book and Shelving Removal and Replacement-
1998 for the Total Amount of $17,200.
3. Resolution No. 98-79 -- Directing the Continuation of the Project
Entitled, "Crow Court Street Improvement District" and Designating
What Improvements Are to be Included in this Project.
ITEM D: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
-1-
3. Attorney
4. City Clerk
5. Finance Director
6. Public Works
7. Airport Manager
ITEM J: DISCUSSION
1. Citizens (five minutes)
2. Council
- None Scheduled
ITEM K• ADJOURNMENT
-3-
4. Plat Waiver Application; Country Club Estates Tract 2; Baycrest
_ Investment Corporation; Fairview Avenue; City of Homer; KPBPC
Resolution 98-58; KPB File 98-247; Submitted by Patrick J.
Church on behalf of applicant; Carried forward from October 26,
1998
F. PUBLIC HEARINGS
1. Renaming Trail Head Road to Hayden Berlin Road, within Lost
Lake Subdivision Addition No. 4; Diamond Ridge Road, Homer
area; KPBPC Resolution SN 98-03
2. Renaming Birch Circle/Alder Circle to Walrath Circle; within Lofty
Estates Subdivision Unit 1, Seward area; KPBPC Resolution SN
98-04
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
1. Vacate the I S foot wide sewer line easement centered on Lots 1
and 2, Marina Subdivision (Plats 51 and 76-1 Seward Recording
District); within Section 3, Township 1 South, Range 1 West,
Seward Meridian; and within the City of Seward, Alaska; KPB File
98-148
1 H. SPECIAL CONSIDERATIONS
1. Appeal of Preliminary Plat Decision by Plat Committee; Stanley's
Meadow No. 17, East of Falls Creek; Mullikin Surveys on behalf of
W. Jones, KPB File 98-224
I. CONSIDERATION OF PLATS
1. Twelve plats are scheduled for review by the Plat Committee.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
3
KENAI PENINSULA BOROUGH PLANNING COMMISSION
_ ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA,ALASKA
November 9, 1998 7:30 P.M.
Tentative Agenda
A. CALL TO ORDER
John Hammehnan
Chairman B. ROLL CALL
Areaw;de
Term Expires 1999 C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT
Philip Bryson AGENDA
vice chairman
Kenai City
Term Expires 2001 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
Arm VVhitrnore-Painter someone from the public so requests, in which case the item will be removed from the consent agenda and
ParL'arnentariatt considered in its normal sequence on the regulaz agenda.
Moose Pass Area
Term Expires 2000
[f 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
Peggy G. Boscacci comment.
PC Member
a u~ 1. Time Extension Requests
Term E
2000
~v
M~
~"t`r Ea
les Landin
a
S/D
„~, g
.
g
sewaza city Location: Northerly of Whisper Lake
Term Expires 1999
KPB File 97-156 [Swan Surveying]
Robett Cltrtts
PC Member
AnehorPoint 2. Plats Granted Administrative Approval
Term Expires 2001
wes Coleman 3. Plats Granted Approval Under 20.04.070
PC Member
Soldotna City
Term Expires 1999 4. Plat Amendment Requests -None
Leroy Garmaway
Pc M~~ 5
Coastal Management Program
Homer City .
Term Expires 2001
a. Coastal Management Program Consistency Reviews -None
Ellis Hensley, Jr.
PC Member
xikiski b. Conclusive Consistency Determinations Received from
Tenn Expires 1999
DGC -None
Brent Joht-sott
PC Member
KasilofArea c. Administrative Determinations -None
Tenn Exprres 2000
Jim Skogstad 6. KPBPC Resolutions -None
PC Member
Hope
Term Expires 2001
KENAI PENINSULA BOROUGH PLAT COMMITTEE
PLANNING DEPARTMENT
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA, ALASKA
November 9, 1998 5:30 P.M.
Tentative Agenda
8h
A. CALL TO ORDER
Members: B. ROLL CALL
PeggyBoscacci
seldovia city C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
Term Expires 2000
Wayne Carpenter 1. Agenda
Seward City
Term Expires 1999 2. Member/Alternate Excused Absences
Jim Skogstad
Hope a. Peggy Boscacci
Term Expires 2001
Ann Whitmore~ainter b. BOb CluttS
Moose Pass Area
Term Expires 2000 3. Minutes
a. October 26, 1998
ALTERNATES:
Robertt:iutts D. CONSIDERATION OF PLATS
Anchor Point
Term Expires 2001
1. Mutch Tracts 1998 Addition, Homer City
Leroy Gannaway Preliminary; Mullikin Surveys for Thomas Paulino
Homer City
Term Expires 2001 KPB File 98-251
2. Powers Subdivision, north of Ciechanski Road
Preliminary; Segesser Surveys for Mark Powers
KPB File 98-252
3. Glud Subdivision; Stariski Creek
Preliminary; Johnson Surveying for KPB
KPB File 98-253
4. Kennedy S/D 1998 Addition
Funny River Road; Preliminary
Johnson Surveying for Bonnie Kennedy
KPB File 98-255
5. Miller S/D Stolz-Lamm Addition, south of Bastien Road
Preliminary; Wince-Corthell-Bryson for S. Lamm & J. Stolz
KPB File 98-254
i
Building in Soldotna.
PLANNING COMMISSION
The next regularly scheduled Planning Commission meeting is November 23, 1998
at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144
North Binkley Street, Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIItED
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
Anchor Point Advisory Planning Commission November 3
Moose Pass Advisory Planning Commission November 4
Kachemak Bay Advisory Planning Commission November 5
Funny River Advisory Planning Commission November 9
Cooper Landing Advisory Planning Commission November 10
Kachemak Bay Advisory Planning Commission November 19
KENAI PENINSULA BOROUGH PLAT COMMITTEE
PLANNING DEPARTMENT
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA, ALASKA
November 23, 1998 5:30 P.M.
Tentative Agenda
Members:
Peggy Boscacci
Sekiovia City
Term Expires 2000
Wayne Carpenter
Seward City
Term Expires 1999
Jim Skogstad
Hope
Term Expires 2001
Ann Whitrnore~ainter
Moose Pass Area
Term Expires 2000
ALTERNATES:
Robert Clutts
Anchor Point
Tenor Expires 2001
Leroy Gannaway
Homer City
Term Expires 2001
RF
~pV ~ ~ _
cin,
A. CALL TO ORDER " ~FPgRT~F
B. ROLL CALL
C. APPROVAL OF AGENDA ,EXCUSED ABSENCES, AND MINUTES
1. Agenda
2. Member/Alternate Excused Absences
a. Peggy Boscacci
b. Bob Clutts
3. Minutes
a. November 9, 1998
D. CONSIDERATION OF PLATS
1. Kasilver S/D; Kasilof River
(name to change River Road SlDj
Preliminary; Segesser Surveys/Mortenson
KPB File 98-267
2. Original Townsite of Kenai Laddville Replat No. 3
Kenai City; Preliminary
Segesser Surveys/Ladd
KPB File 98-270
3. Cohoe Country Estates No. 6; Cohoe Loop
Preliminary; Johnson Surveying/Osmar
KPB File 98-268
4. Twitter Creek Retreat
South Fork Anchor River, east of Sterling Highway
Preliminary; Ability Surveys/Engebretsen
KPB File 98-271
i
5. Barnett Resub Lot 2 Unit 1; Homer City
Preliminary; Ability Surveys for P. Larson/D. Peterson
KPB File 98-258
~,,,,~ [Rescheduled from November 9, 1998 pending receipt of city
~~ ~°,~~ a,k ~ { minutes]
.. ,.. ~ ~
a~ ~~„, ...~ :~ `'`'''s~ '~, E. ADJOURNMENT
S
~~
~~ :The next regularly scheduled Plat Committee meeting is December 14, 1998 at
ti ~ ,~ . ~°5:30 p.m. in the Planning Department (top floor) in the Borough Administration
. ~ Building, 144 North Binkley, Soldotna.
s
KENAI PENINSULA BOROUGH PLANNING COMMISSION
ASSEMBLY CHAMBERS
BOROUGH ADMINISTRATION BUILDING
144 NORTH BINKLEY
SOLDOTNA,ALASKA
November 23, 1998 7:30 P.M.
RFCF~ j F
N~~~~ /
Tentative Agenda
A.
CALL TO ORDER
c
John Hammehnan
Chairman B.
Areawide
Tenn Expires 1999
C.
Philip Bryson
Vice Chairman
Kenai City
Term Expires 2001
Ann Whitmore-Painter
Parliamentarian
Moose Pass Area
Term Expires 2000
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2000
Wayne Carpenter
PC Member
Seward city
Term Expires 1999
Robert Clutts
PC Member
Anchor Point
Term Expu'es 2001
Wes Coleman
Pc Member
Soldotna city
Term Expires 1999
Leroy Gamnaway
PC Member
Homer city
Term Expves 2001
Ellis Hensley, Jr.
PC Member
Nikiski
Tern Expires 1999
went Johnson
PC Member
Kasilof Area
Tern Expires 2000
Jim Skogstad
PC Member
Hope
Tern Expires 2001
ROLL CALL
AE A
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
~nsidered 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 Chaimwn of your wish to
comment.
1. Time Extension Requests -None
2. Plats Granted Administrative Approval
3. Plats Granted Approval Under 20.04.070 -None
4. Plat Amendment Requests
a. Sterling Estates Fellman Replat
KPB File 98-273 [Integrity Surveys]
Location: Sterling Highway east of Soldotna
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews
1) Homer; City Dock Expansion; City of Homer;
AK9811-01 AA
b. Conclusive Consistency Determinations Received from
DGC
c. Administrative Determinations -None
1
,~-:...:
{ ~ ,;~;;
~~
x
'<i jam"
6. KPBPC Resolutions -None
7. Commissioner Excused Absences
a. Peggy Boscacci
b. Bob Clutts
8. Minutes
a. November 9, 1998 Plat Committee Minutes
b. November 9, 1998 Planning Commission Minutes
D. PUBLIC CONIlVIENT/PRESENTATIONS
(Items other than those appearing on the agenda. Limited to three minutes per speaker unless previous
arrangements are made.)
E. UNFINISHED BUSINESS
1. 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; May 11, 1998; and November 9, 1998
meetings
2. Petition to vacate a portion of an unnamed twenty foot wide right-
of-way dedicated by plat of Kelly Subdivision of Tract A Folz
Subdivision (Plat #37 Seward Recording District). Portion to be
vacated is bounded by Lots 2 thru 7 of said subdivision. Sec 27,
T1N, R1W, S.M., AK. Location -Seward Highway approximately
'/a mile northerly of Seward City Limits; KPB File 98-125
[Submitted by Elizabeth Dunn as co-petitioner with Fred Moore
and Joanne C. HooglandJ Carried Forward from July 27, 1998;
August 24, 1998; & October 12, 1998 meetings
3. Country Club Estates, Tract 2 -Plat Waiver Resolution KPB PC
Resolution 98-58-A: Granting platting waiver for certain lands
within Section 23, Township 6 South, Range 14 West, Seward
Meridian, Homer Recording District Alaska; Located within the
City of Homer; KPB File 98-247; carried forward from October 26,
1998 and November 9, 1998 meetings
F. PUBLIC HEARINGS
1. Vacate ten feet of the fifteen feet road and utility easement within
Lot 10-A, Charles J. Doser Subdivision No. Two (Plat 96-47
z
{
KRD). Said easement was granted by filing of Charles J. Doser
Subdivision (Plat K-554 KRD) and carried forward to the replat.
Being within Section 7, Township 5 North, Range 8 West, Seward
Meridian, Kenai Recording District, Alaska
2. Ordinance 98-69: Authorizing the Borough's Acquisition of Land
Next to Kenai Central High School in Exchange for Granting Lots
on the Kenai River to the State of Alaska Mental Health Trust
(AMHT)
3. Ordinance 98-70: Authorizing the Sale of Lots 20 and 24 in Moose
Point Subdivision to Steve and Gail Croft Under the Terms of
Ordinance 98-27, but Allowing for a Minimum Down Payment of
Ten Percent of the Purchase Price Pursuant to Ordinance 97-36
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
Vacate a ten foot utility easement within the easterly portion of Lot
1; and vacate the ten foot utility easement within the northerly ten
feet of said Lot 1, Grace Brethren & Beck Property Replat (Plat
76-135 KRD)); being within Section 34, Township 6 North, Range
11 West, Seward Meridian, Alaska.
2. Vacate the entire of the fifteen foot wide drainage and underground
utility easement within the easterly fifteen feet of Lot 24, AA
Mattox 1958 Addition Unit 2 Amended (Plat 83-89 & 84-8 fiRD);
and vacate the ten foot wide utility easement within the westerly ten
feet of Lot 25, of said A.A. Mattox subdivision; being within
Section 17, TSS, R13W, Seward Meridian, Alaska. Within the City
of Homer
H. SPECIAL CONSIDERATIONS
Georgine Lake Addition 1, Lot 6, Block 2, Building setback
exception request; KPB File 98-269 [George & Carol FreasJ
Location: Georgine Lake Road
2. 1998 Kenai Peninsula Borough Timber Management Report
I. CONSIDERATION OF PLATS
Five plats are scheduled for Plat Committee review.
J. KENAI RIVER HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
Select new Plat Committee. New members will serve January,
February, and March 1999.
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
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 staff:
2. Permit Application for a Sand, Gravel or Material Site; Anchor
Point; Clif Shafer, carried forward from June 8, 1998.
Postponed until the Coastal Management Program consistency
review is re-started and concluded.
3. Public hearing; Ordinance 98-33; Repealing KPB 21.13 Land Use
Permits, and Adopting KPB 21.25, Conditional Land Use Permits,
and KPB 21.26, Material Site Permits, and Reenacting Without
Modification Provisions Governing Correctional Community
Residential Center Permits as ICPB 21.27; carried forward from July
27, 1998
Postponed until brought back to the Commission by staff:
Q. ADJOURNMENT
The Plat Committee will meet November 23, 1998 at 5:30 p.m., Planning
Department, Borough Administration Building, Soldotna.
FUTURE MEETINGS
PLAT COMMITTEE
The next regularly scheduled meeting of the Plat Committee is December 14, 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 December 14, 1998
at 7:30 p.m. in the Assembly Chambers, Borough Administration Building, 144
North Binkley Street, Soldotna.
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Cooper Landing Advisory Planning Commission October 15, 1998 Minutes
2. November 5, 1998 Letter from State Department of Transportation
Regarding Speed Limits North of Soldotna
3. City of Seward, Right-of--Way Dedications Opinion
4. Kachemak Bay Advisory Planning Commission November 19, 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
Kachemak Bay Advisory Planning Commission November 19
Anchor Point Advisory Planning Commission December 1
Moose Pass Advisory Planning Commission December 2
Kachemak Bay Advisory Planning Commission December 3
Cooper Landing Advisory Planning Commission December 8
Funny River Advisory Planning Commission December 14
Kachemak Bay Advisory Planning Commission December 17
CITY OF KENAI
PLANNING & ZONING COMMISSION
Meeting Schedule -1999
AGENDA CUT-OFF DATES
Meeting Date Planning
Commission Items Items Requiring
Public Hearing
January 13, 1999 January 6, 1999
Janaa ! . 999 ~ Janua 29, 1999 December 23, 1998
J~nua 8t ~ 999
February 10, 1999 February 3, 1999 January 20, 1999
Februa"; '24, R 9 ' Fek~raa` 17, 1999 Feb"rua 3, 1999
March 10, 1999
March 24, 1.9.99 March 3, 1999
'March 17, 1999 Februa 17, 1999
March 8Y 19
April 14, 1999 April 7, 1999 March 24, 1999
A ri!'28, 1959 ' Aril 21' 1999 A ` ril 7,' 1999
May 12, 1999 May 5, 1999 April 21, 1999
Ma 25,._.1999 Ma 19, '1999: Ma 51 1999
June 9, 1999 June 2, 1999 May 19, 1999
`' June.23, 1999 Jute 16,:1999 Mane 2, 1999.
July 14, 1999 July 7, 1999 June 23, 1999
Ju[ 28, 1999:_ .. Jul 21,;1999: Jul 7;.:1999
August 11, 1999 Au ust 4, 1999 July 21, 1999
Aa ust 25, 1999 Au ust '18,'.1999 Au ust 4, 1999
September 8, 1999 September 1, 1999 August 18, 1999
September 22, ..1999 September 15, 1999 September 1, 1999
October 13, 1999 October 6, 1999 September 22, 1999
t~ctaber 27, 9 _ Qctaber 2C~; 1999 ; Qctalaer 8, 1999
November 10, 1999 November 3, 1999 October 20, 1999
NQVernber 24, 1959 November 17, 1999 November 3, 199.9
December 8, 1999 December 1, 1999 November 17, 1999
December 22, 1999 December 15,_1999 Dec ber 1, :1999
Doti
i ~}~~
CITY OF KENAI
~ ~`„\ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
- _ FAX 907-283-3014 li3~
aFMw~oab
'~Ii~-
1992
Teresa Werner-Quade
409 McCollum Drive
Kenai, AK 99611
RE: PLANMNG 8s ZOMNG COMMISSION
City of Kenai
At their regular meeting of November 4, 1998, the Kenai City Council accepted your
resignation from the Kenai Planning 8v Zoning Commission.
Upon your departure from the Commission, the Kenai City Council and City
Administration thanks you. The time and effort which you contributed to the City
during your term on the Commission is an example of a dedicated citizen working for a
better tomorrow for the City of Kenai.
Thank you again for your interest and support.
CITY OF KENAI
~~~
Carol L. Freas
City Clerk
JJW / clf
November 9, 1998
PLANNING 8s ZONING COMMISSION ~ C~
Meets Second and Fourth Wednesday - 7:00 p.m.
Art Graveley
1612 Fathom Drive 2000
Kenai, AK 99611 283-4264 (home)
Carl Glick
P.O. Box 528 2001
Kenai, AK 99611 283-7644 (home)
Phil Bryson
P.O. Box 1041 2001
Kenai, AK 99611 283-4428 (home) 283-4672 (work)
1999
Kenai, AK 99611 283- (home)
1999
Kenai, AK 99611 283- (home) 283- (work)
Ron Goecke
P.O. Box 3474 1999
Kenai, AK 99611 283-9436 (home) 283-7070 (work)
Barbara A. Nord
690 Sycamore 2000
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 Secretary: Alison Rapp
ASAP Answering Service
170 Corral Street, Suite A
Soldotna, AK 99669 (262-5000)
(11/9/98)
~ ~~
November 10, 1998
Carol L. Freas
City Clerk
210 Fildago
Kenai, AK 99611
Dear Ms Freas,
._...:..
_.,.~
a
t..-.~.~__ i
f.! r s. ~ ,.. e
Please accept my letter of resignation from the City of Kenai Planning & Zoning
Cornnzission effective immediately. I have accepted a position as Logistics Manager for
Ventura Oil Co. (Venoco) in Santa Barbara CA. I apologize for the short notice and any
hardship my immediate departure map cause the commission but do not feel I could pass
up the opportunity before me. Thank you for allowing me to serve on the commission
although it was for only a short time.
Sincerely,
,rte
(~~
Art Graveley
1612 FATHOM DR. KENAI, AK. 99611
(907) 283-4264
l~~
CITY OF KENAI
210 FIDAL00 AYE., SUITE 200 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
FAX 907-283-3014
~I
i+s:
TO: Carol Freas, City Clerk
'' " o
FROM: Marilyn Kebschull, Planning & Zoning Administration '
DATE: October 30, 1998
SUBJECT: PLANNING COMMISSION TRAINING
The following is a list of topics I believe would be helpful to the Planning Commission:
• Exparte' Contacts (Phone, in person, site visits)
• Public Hearing Procedures, Influence on Decisions
• Decision Making Process
• Establishing Findings of Fact
• Variances--Intent and Determination if application fits code criteria
• Conditional Use Permits-- Intent and Determination if application fits
code criteria
I'm sure there are other topics that would be helpful; however, this list is a good start.
As far as past training, I am aware of two Commissioners who have attended training in
the past.
It appears, based on Commission comments that the best time for training would be on a
Saturday. We may want to consider a Friday evening and Saturday all day session.
`i ~ u Kenai Peninsula Borough
P Planning Department
d 144 North Binkley
Soldotna, Alaska 99669-7599
(907) 262-4441, extension 260
FAX (907) 262-8618
November 10, 1998
NOTICE OF PLANNING COMMISSION ACTION
MEETING OF NOVEMBER 9, 1998
RE: Petition to vacate
A. 60 foot wide north/south public right-of--way and utility easement; sometimes
referred to as Old Cannery Road; within Govt Lot 2, Section 18, TSN, R11W,
S.M., Alaska
AND
B. section line easement within Sections 7 & 18; within TSN, R11W, S.M., Alaska;
partially within City of Kenai; KPB Files 98-071 & 98-075
[CARRIED FORWARD FROM MAY 11, 1998]
The proposed vacation was withdrawn from the November 9, 1998 Planning Commission agenda
at the request of the petitioners' agent.
If you have any questions, please feel free to contact the Kenai Peninsula Borough Planning
Department.
This notice and unapproved minutes of the subject portion of the meeting were sent
November 10, 1998 to those on the attached mailing list.
KPB File Number: 98-071 and 98-075
1 ~~ ~
Chairman Hammelman noted a letter from Gilman 8 Evans requesting the following vacation petition be
withdrawn from the agenda was in the desk packet.
Chairman Hammelman opened the meeting for public comment. Seeing and hearing no one wishing to
comment, Chairman Hammelman opened discussion among the Commission.
MOTION: Vice Chairman Bryson moved, seconded by Commissioner Whitmore-Painter, to allow withdrawal of
the vacation petition per the petitioners' agent request.
VOTE: The motion passed by unanimous consent.
HAMMELMAN BRYSON WHITMORE-PAINTER BOSCACq CARPENTER CLUTTS
YES YES YES ABSENT YES ABSENT
COLEMAN GANNAWAY HENSLEY JOHNSON SKOGSTAD EIGHT YES
YES YES ABSENT YES YES THREE ABSENT
AGENDA ITEM E. UNFINISHED BUSINESS
2. Petition to vacate
A. 60 foot wide north/south public right-of-way and utility easement; sometimes referred to as Old
Cannery Road; within Govt Lot 2, Section 18, TSN, R11 W, S.M., Alaska
AND
B. section line easement within Sections 7 8~ 18; within TSN, R11 W, S.M., Alaska; partially within
City of Kenai; KPB Files 98-071 8~ 98-075
(CARRIED FORWARD FROM MAY 11, 1998]
STAFF REPORT PC Meeting 11/09/98
ONLY THE SECTION LINE EASEMENT VACATION IS UNDER CONSIDERATION AT THIS MEETING.
Petitioners: Mary Ellen Perrizo -Kenai, Alaska; Salamatof Native Association -Kenai, Alaska; and the Kenaitze
Indian Tribe, -Kenai, Alaska.
Purpose as stated in petition: Anew 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.
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 26, 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 Govemment
Lot 2 would be considered on June 22, 1998.
The purpose for the postponement was to allow time for the petitioners and other agencies to work out an
agreement. The Planning Department received information from the petitioners and agencies that indicated an
agreement had been worked out with respect to the Old Cannery Road vacation. On May 26"', the Commission
passed the motion to reconsider the petition to vacate the 60 foot wide north/south publicright-of-way and utility
easement, sometimes refer-ed to as Old Cannery Road within Govemment Lot 2, Section 18 at the June 22,
1998 meeting.
On June 22, 1998 the vacation of the public rights-of-way and utility easement within Govemment Lot 2, Section
18 was conditionally approved with the Assembly concurring on July 14, 1998.
A condition of that approval was the construction of an alternative right-of--way prior to filing the vacation plat.
On November 2, 1998 the Kenai Peninsula Borough Planning Department received a letter signed by Jim
KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 9, 1998 MEETING PAGE 4
UNAPPROVED MINUTES
are surveyed and in place, these existing easements should not be vacated.
November 98 - ADF&G continues to oppose the vacation of the section line easement until such time
as altemative access has been dedicated and constricted. ADF8~G has agreed to install signage in an
effort to divert traffic to the improved access point south of the section line thereby alleviating Ms.
Perrizo's concerns.
State of Alaska, Department of Fish and Game, Division of Sport Fish, Soldotna, AK. Letter signed by
David C. Nelson, Area Management Biologist. Objects to the vacation of both of the easements. Until
assurances are provided that equal or better public access and parking will be provided to the southem
side of the mouth of Kenai River and Cook Inlet, the Department opposes vacation of any easement or
right-of--way currently providing that access.
State of Alaska, Department of Transportation 8 Public Facilities (DOT&PF) - No objections to the
section line easement vacations upon the dedication and construction of the new right-of--way access,
providing construction of the new road meets Kenai Peninsula Borough Standards.
KPB STAFF FINDINGS
1. State and Borough Coastal Management Program guidelines require agencies to give a high priority to
maintaining and where appropriate increasing public access to areas which receive significant
recreational use (State Standard 6AAC80.060).
2. Kenai Peninsula Borough Coastal Management Program (KPBCMP) states:
• Enforceable Policy 4.4 Public Access "Public access routes to coastal waters and recreational
land shall be maintained and to the extent feasible and pn~dent, increased when public land is
leased, disposed of, or subdivided."
• Administrative Policy A4 Easements and Rights-of-way "Section tine easements and public
rights-of-way which provide public access to public recreation areas or coastal water bodies shall
not be vacated unless equal or better access is provided, and shall be managed to minimize
adverse impacts to sensitive habitat and adjacent private lands."
3. Petitioners have proposed to construct a single alternative access to replace two existing access points,
both of which are currently and have been in use by the general public.
4. Borough Comprehensive Plan Goal 3.9 is "To provide quality outdoor recreational areas and facilities for
borough residents and visitors."
5. Chapter 14 of the Borough Code authorizes the Borough to regulate activities within Borough rights-of-
way, but does not authorize the Borough to regulate activities within easements.
6. If a right-of-way is dedicated, the Borough could regulate activities within the right-of-way.
7. If the easement, is vacated prior to construction of the right-of--way, there would be no access to the
beach.
8. There are two easements currently in use to access the beach. If both easements are vacated and one
right-of--way dedicated, the public would lose one access point.
9. KPB PC Resolution 98-12 states:
• Section 1 -That the Planning Commission shall consider current and future access needs to
pedestrians and off-road vehicles when evaluating section line easement vacation requests; and
• Section 2 -That when such uses exist or could exist within section line easements not suited
for general road use, the Commission shall retain whenever practicable an easement for
pedestrian or off-road vehicle use, unless equal or better, dedicated and constructed pedestrian
or off-road vehicle access exists.
10. A condition of approval of the vacation of the easement within Government Lot 2 was the construction of
an altemative right-of-way. The alternative right-of-way has not yet been constructed and dedicated.
11. The section line easement provides access to public water and/or public lands.
12. It is not known when or if a road will be constructed over the flats to the southem side of the mouth of the
Kenai River.
Vacation approvals are contingent upon the final plat being submitted within one year of the approval (20.28.120
Borough Code of Ordinances). Should the Commission approve the vacation of this section line easement
subject to the construction of a right-of-way over the flats to the river, there is a good possibility the approval
could expire prior to the construction. The petitioner's November 2"d letter indicates the funding has not yet been
obtained. The section line easement would remain in place for public access until such time as the road is
constructed and a plat is filed.
KENAI PENINSULA BOROUGH PLANNING COMMISSION NOVEMBER 9, 1998 MEETING PAGE 6
ld9
_1
AF~F~~Fo
~iT
-~,z ,
November 16, 1998
Teresa Werner-Quade
409 McCollum Drive
Kenai, AK 99611
City Planning and Zoning Staff
City P & Z Commissioners
It has been my pleasure working with you and I wish to
thank-you.
Over the years I have learned so much about our fine City.
Now it is time to change, primarily because work requires
more these days, even the work of a Planning & Zoning
member. Some may say, "It took her a long time to go-" to
that I say, "I hope I will be able to serve again, in the
future, as a committed member of Kenai's P & Z."
I will be serving on the Advisory Harbor Commission after
departing P & Z. Thanks again, to each of you. A lot of
memorable moments were had during the past five years.
Teresa Werner
210 FIDALGO, SUITE 200, KENAI, AK 99669-7794
(907)283-7933
Cry
To: Terry Brown From: Marilyn Kebschull
Fax: 283-3299 Pages: 2
Phone: 283-7551 Date: November 18, 1998
Re: ADVERTISEMENT
CC: FILE
^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, November 23, 1998.
This will be charged against the open Purchase Order you have. Thanks.
(Terri, I will be gone from the office for the next few days. If you have
questions, call Jan Taylor. Thanks.)
November 18, 1998
CITY OF KENAI
PLANNING AND ZONING COMNIISSION
**AGENDA**
KENAI CITY COUNCIL CHAMBERS
November 25,1998 at 7 p.m.
http://www.ci.kenai.ak.us
1. CONSIDERATION OF PLATS:
a. PZ98-57--Preliminary Plat--Original Townsite of Kenai, Laddville Replat No. 3
2. PUBLIC HEARINGS:
a. PZ98-55--An application for a Conditional Use Permit for an autobody shop for the property
described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska.
Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska.
b. PZ98-58--A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska
amending KMC 14.20.280 to add the requirement of posting property involved in proceedings
which require public hearings.
3. NEW BUSINESS:
a. *PZ98-59--An application for a Home Occupation Permit for a Daycare for the property
described as Lot 3B, Block 1, Glass Subdivision No. 2, 1702 4~' Avenue, Kenai, Alaska.
Application submitted by Shannon Fitt, 1702 4~' Avenue, Kenai, Alaska.
b. *PZ98-60--An application for a Home Occupation Permit for a Daycare for the property
described as Lot 2, Block T, Woodland Subdivision, Part 4, 718 Sycamore Street, Kenai, Alaska.
Application submitted by Debra K. Brown-Roper, 718 Sycamore Street, Kenai, Alaska.
4. OLD BUSINESS:
The public is invited to attend and participate. For further information ca11283-7933. The meeting will
commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at
City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn
Kebschull at 283-7933.
Marilyn Kebschull
Planning & Zoning Administration
Publish: November 23, 1998
• Page 2
City of Kenai, 210 Fidalgo, Suite 200, Kenai, AK 99611-7794
~~
To: Peninsula Clarion (Attn: Terri)
From: Marilyn Kebschull
Fax: 907-283-3299
Pages: Two
Phone: 907-283-7551 Date: November 12, 1998
Re: PUBLIC HEARING NOTICE CC: File
^ Urgent ^ For Review
^ Please Comment X Please Reply ^ Please Recycle
Terri: Run the following announcement on November 18 and 20, 1998. Bill this
under the open purchase order. Thanks.
CITY OF KENAI
PLANNING AND ZONING COMMISSION
210 FIDALGO STREET, SUITE 200
KENAI, ALASKA 99611-7794
http://www.ci.kenai.ak.us
PUBLIC HEARING NOTICE
The following public hearings have been scheduled for the Planning and Zoning Commission Meeting
of November 25, 1998:
a. PZ98-55-An application for a Conditional Use Permit for an autobody shop for the property
described as Lot C, Michael C. Pelch Homestead, 3520 Beaver Loop Road, Kenai, Alaska.
Application submitted by Tom Tribble, 3520 Beaver Loop Road, Kenai, Alaska.
b. PZ98-58-A resolution of the Planning & Zoning Commission of the City of Kenai, Alaska
amending KMC 14.20.280 to add the requirement of posting property involved in proceedings
which require public hearings.
The Meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Anyone wishing to
present testimony concerning this application should do so at the hearing or submit written comments to
the City of Kenai, Planning Department, 210 Fidalgo, Suite 200 Kenai Alaska 99611-7794 prior to
November 25th. Additional information may be obtained at City Hall, at the City of Kenai web site
(www.ci.kenai.ak.us), or by contacting Jack La Shot or Marilyn Kebschull at 283-7933.
Publish: November 18 & 20, 1998
210 FIDALGO, SUITE 200, KENAI, AK 99669-7794
(907) 283-7933
~'_ -.
To: Terri Brown
Fax: 283-3299
Phone: 283-7551
From: Marilyn Kebschull
Pages: 1
Date: October 30, 1998
Re: ADVERTISEMENT
CC: FILE
^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle
• Comments:
Please publish the following advertisement on Monday, November 9, 1998.
~ This will be charged against the open Purchase Order you have. In addition,
could you provide this information to whoever handles the Community Calendar
so that it can be included in that section of the paper. Thanks.
CITY OF KENAI
PUBLIC MEETING NOTICE
The City of Kenai Planning and Zoning Commission's November 11"' meeting has
been cancelled due to the Veterans Day Holiday. The next regularly scheduled
meeting will be held November 25, 1998 at 7 p.m. at City Hall in Council
Chambers. For further information, call 283.7933.
Marilyn Kebschull
Administrative Assistant
(Publish: November 9, 1998