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2001-06-27 Planning & Zoning Packet
CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS June 27, 2001 - 7:04 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. *APPROVAL OF MINUTES: JUNE 13, 2001 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ01-29-Preliminary Flat-Kenai Youth Facility-Swan Surveying, P.O. Box 987, Soldotna, Alaska. 5. PUBLIC HEARINGS: a. PZO1-27 Encroachment Permit for side setback encroachment for the property described as 1360 Muskrat Way (Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muskrat Way, Kenai, Alaska. b. PZ01-28-Variance Permit far a 9-foot variance from the required 15 feet side setback for the property described as 1360 Muskrat Way {Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muskrat Way, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: S. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: Planning & Zoning Commission Agenda 12. INFORMATION ITEMS; a. 13. COMMISSION COMMENTS & QUESTIONS: Page 2 June 27, 2001 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JUNE 13, 2001- 7:00 P.M. AGENDA 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. 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. *APPROVAL OF MINUTES: MAY 23, 2001 3. SCHEDULED PUBLIC COMMENT: 4, CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZO 1-23-Encroachment Permit for front and rear setbacks for the property described as Lot 16, Block 9, Inlet Woods Subdivision (1301 Equinox Way), Kenai, Alaska. Application submitted by Jason and Angie Daniels, P.O. Box 2295, Soldotna, AK 99669. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -May 10 & 25, 2001 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING 8a ZONING COMMISSION KENAI CITY COUNCIL CHAMBERS JUNE I3, 2001 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM is CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. ].-a. Roll Call Members Present: Bryson, Goecke, Nord, Jackman Members Absent: Glick, Erwin, Morse Others Present: Councilman Bannock, Administrative Assistant Kebschull, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda and requested UNANIMOUS CONSENT. Commissioner Jackman SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda There were no objections or changes to the consent agenda. ITEM 2: APPROVAL OF MINUTES -- MAY 23, 2001 Minutes were approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZO1-23---Encroachment Permit for front and rear setbacks for the property described as Lot 16, Block 9, Inlet Woods Subdivision (1301 Equinox Way), Kenai, Alaska. Application submitted by Jason and Angie Daniels, P.O. Box 2295, Soldotna, AK 99669. MOTION: Commissioner Jackman MOVED to approve PZO1-23. Commissioner Bryson SECONDED the Motion. Kebschull explained the reason for the encroachment request and indicated staff' recommended its approval. There were no public comments. VOTE: B son Yes Erwin Absent Glick Absent Nord Yes Morse Absent Jackxnan Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7; NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- Nane ITEM 9: CODE ENFORCEMENT -- None ITEM 10: REPORTS 10-a. City Council -- Councilman Bannock reported on the City Council agenda for June f, 2001 which was included in the meeting packet. 10-b. Borough Planning -Commissioner Bryson gave a report based on actions taken at the May 29 and June 1 I Borough Planning meetings. 10-c. Administration - Kebschull reported there would be a STIP meeting with DOT on June 18~ in the City Council Chambers. Kebschull encouraged the Commission to attend the July 18~ City Council meeting as Kevin Waring and Associates will be in attendance to discuss the Comprehensive Plan. All Boards and Commissions will be invited to attend. She also noted, this would be the first council meeting for the new City Manager. ITEM I. ].: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS PLANNING & ZONING COMMISSION MEETING JUNE 13, 2001 PAGE 2 12-a. "Zoning Bulletin" -~ May 10 & 25, 2001 ITEM 13: COMMISSION COMMENTS 8a QUESTIONS Commissioner Jackman congratulated Councilman Bannock on his announcement that he will run for Mayor during the next election and wished him well. ITEM 14: ADJOURNMENT MOTION: Commissioner Bryson MOVED to adjourn. There were no objections. SO ORDERED. The meeting adjourned at 7:13 p.m. Respectfully submitted, Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JUNE 13, 2001 PAGE 3 1" Q. STAFF REPORT To: Planning & Zoning Commission Date: fi114101 Res: PZ01- 29 GENERAL INFORMATION Applicant: Swan Surveying 262-1014 P.O. Box 987 Soldotna, AK 99fi69 Requested Action: Preliminary Plat -Kenai Youth Facility legal Description: Subdivision within the SW '/4 Section 32 and SE '/a Section 33 T06N R1 1 W within the City of Kenai containing 10.02 Acres -Tract A, Kenai Youth Facility Street Address: KPB Parcel No.: 04501016 & 04318040 Existing Zoning: IL-Light Industrial Current Land Use: Undeveloped Land Use Plan: Airport Operations and Unsubdivided Uplands ANALYSIS Plat subdivides 10.02 acres from two large parcels within the City of Kenai. This parcel is owned by the City of Kenai and is the site of the future youth detention facility. The plat was reviewed by administration and the following changes are recommended: 1. Rename plat to Baron Park, Kenai Youth Facility Addition. 2. Parcel above the subdivided portion should be noted as "unsubdivided" instead of "unsubdivision." City Engineer: A small portion of Tract A appears to be within the conservation zone. The future Conditional Use Permit should reflect this accurately. 0129 Comments page 2 Building Official: No building code issues. RECOMMENDATIONS Plat meets land development requirements. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-29 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-29 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 Tract A Kenai Youth Faciiit was referred to the City of Kenai Planning and Zoning Commission on June 12, 2041 and received from __Swan Surveying. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned IL-Light Industrial and therefore subject to said zone conditions. 2. Water and sewer: Available with extension 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: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE Tract A, Kenai Youth Facility SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 27, 2001. CHAIRPE ATTEST: f ~ ~ z ~~ ~~~ ~~ if ~ ~ ~~ ~ ~ ~r ~~ ~l~l ~ ~ al ~ ~ a ~ "~ ~~ O ~~ ~~~ i~~ ~ g ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ m ~ ~~ +~ ~ aa~ -~ z 11tDl.LIQQ~ a7'cttl,I X~d tlrO~lY'g a-nar na~~ir ~c% .oo~ i s7,e~ - ~ sarzaa k~ _~ `' i ~ ~~~~ ~ ~ ~~~a ~i ~~ i q 5 i ~ or 4~ a ~ ~~~y ~ ~ ~. @ ~a y~ ~ ~ ~ ~ ~ `~ o~ r t, o ~ `~ a i ~ ~~~ ~ .~ ~ s ~ o r '~+ ~ ~~ s ~~ ~~ q 0 ~~ ~~~ ~~ i wti~ CITY 4F KENAf ~~ rr ~~ ~~ '~I ~~ rr ~ 210 FIDALGO AVE., SUIYE 200 KENAI, ALASKA 99611-7794 TELIrPHONE 907-2$3-7535 FAX 907-283-3014 ~ ~~~ '~II~- 1992 June 12, 2001 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearings have been scheduled for the Planning and Zoning Commission meeting of June 27, 2001: PZ01-27 An application for an Encroachment Permit for a side setback encroachment for the property described as 1360 Muskrat Way (Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muskrat Way, Kenai, Alaska. PZO1-28 An application for a Variance Permit fora 9-foot variance from the required 15 feet side setback for the property described as 1360 Muskrat Way (Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muskrat Way, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hall Council Chambers at 210 Fidalgo Avenue, Suite 200, Kenai. Anyone wishing to present testimony concerning this permit should do so at the hearing or submit written comments to the City of Kenai, Planning Department, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPQRT To: Planning & Zoning Commission Prepared By: !mk Date: June 12, 2001 Res: PZ01-27 GENERAL INFORMATION Applicant: Brian and Christel Zufelt 283-1039 1360 Muskrat Way Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit -Side Setback Lot 6A, Block 4, Highlands Subdivision No. 2 1360 Muskrat Way 0491$029 RR-Rural Residential Residential Low Density Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. 0127 Comment page 2 According to the Borough's records, this house was built in 1980 prior to zoning being passed to the City. In 1983, the Kenai Peninsula Borough Planning Commission passed Resolution 83-6 that allowed an exception to the 25-foot setback for this property {copy attachedy. This property is zoned Rural Residential which requires a 15 foot setback for the side setbacks. The drawing provided shows setbacks of 12.2', 10', 10' on the existing structure. Based on the date of construction, this structure would be grand fathered as anon-conforming use. However, the applicant wishes to build an addition on the structure that requires an Encroachment Permit to allow the Building Official to issue the building permit. Cit En ineer: The cul-de-sac shown on the attached as-built survey has not been vacated. The side property line has not changed. Buildin Official: If this encroachment were granted, it would not violate the building code for type of construction and distance from property line. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-27 2. Application 3. Drawing E:1Wpdocs1PZ20011Comments and Res10127 Comment.doc 17 CITY C ~~. "ail G'~ ~ ~-..~ ] 19 ~~C /~r C~,A o Q ._~-.. ~~ , , 210 FIDALGO KENAI, AL~A~rJ` TELEPl10NE 28S - 75; FAX 9Q7.283-3014 APPLICATION FOR ENCROACHMENT PERMIT 'NAME... STREET~~ADDRESS Q G ~ MAILING ADDRESS Q q/ ,¢ ~ ~ (oZ~ LEGAL . DESCRIPTION Q ~f ` (~~~ j Jj(,U ~ ~ ZONING DISTRhCT ~a C -1 RR-2 RS RS-1 RS-2 ;(C~:rcle.l} RU R IL IH :PHONE tJ - Q Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEABE READ THE FOLLOWiNC~, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS, 1. ~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. ~ Provide a site plan of the property including location of all existing buildings, rights-af-way or easements, setbacks, elevations, and any data pertinent to the application. 3. ~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable depositJadvertising fee is required to cover these notification costs. (Please see attached procedure sheet) A D D I T I D N A L C 4 M M E N T S t Signature of Applicant: CITY OF KENAI PLANNING AND ZONING COMMISSION ENCROACHMENT PERMIT RESOLUTION NO. PZ01-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A RI=QUEST FOR AN ENCROACHMENT PERMIT AS AUTHORIZED BY 14.20.185 OF THE KENAI MUNICIPAL CODE FOR: NAME: Brian & Christel Zufelt ADDRESS: 1360 Muskrat Way ,_, LEGAL: Lot 6a, Block 4. Highlands Subdivision No.. 2 ,_, PARCEL N0: 04918029 TYPE OF ENCROACHMENT: Side Setback WHERi=AS, the Commission finds: 1. That an application meeting the requirements of Section 14.20. ~ 85 {c} has been submitted and received on 2. This land is on land zoned 3. That the applicant has demonstrated with plans and other documents that they can and does meet the following specific requirements as set forth in Sec. 14.20.185 {d}: {1} An encroachment as defined in KMC 14.20.185 {a} exists. {2} The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. {3} The issuance of the encroachment permit will not authorize a use which is not a principal permitted use in the zoning district in which the property is located. {4} The encroachment is not located across a platted lot line. 4. That a duly advertised public hearing as required by Section 14.20.280 was conducted by the Commission on June 27, 2001. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Kenai that the applicant has demonstrated that the proposed development meets the criteria for said permit and therefore the Commission does authorize the permit to be issued. PASSED by the Planning and Zoning Commission of the City of Kenai, Alaska this 27th day of June, 2001. CHAIRMAN: ' ~ { ~ ~ f ATTEST: Explanation of Property Encroachment Srian Zufelt 1360 Muskrat Wy. Kenai, AK 99611 Lot 6 Block 4 Highlands Sub. To Kenai City Council, We would like to build an addition to our existing home. One corner of our existing home is currently 12.2ft from the property line causing and encroachment to the ajacent property. We would like to build an addtion to our home which the one corner of this addtion will be Eft from the same property line. The addtion will be a 12'x 16' bedroom. ~~~.~ ~~ ,~~o~ a~C~ ~ivh. ,r,v-t~.e.. ~,~. ,~~~ 'td~ min ~~ u~,e. ~ii2.~, crux. ~1 ,~~.1~ i~ ~°~" /~~~ 6oa-~.° -- ~ ~~, ~ ~. ~yr ~ G ~' ~O ~,~~~A ~~ ~~ ~~ ;: . w.L~. -_ ~~~L KENAI PEt.INS1,~LA BoRauc#~ PLANNING COi~S1.1I5 5 LON RESOLUTION 83-6 GRANTING AN EXCEPfiION TD 20.20.230 $UILDINC SETBACK ALUNG THE LJfsSTERI.Y LpT I.TA`E OF LOT 5, $T.QCK G OF HIGHLANDS SUBDLUISI(JN. k'HEEtEAS, it hAS been discovered that a Esause cangtructed on Lot 6, Block 4 of Highlands Subdivfsinn is encroaching on the 25 ignt builc#ing setback line= and itHEkEAS, building setback lines are nq ]on~,er required an plats within cities, NOW, Tf#EREFORE, BE IT RESOLVED BY THEE PLANNING COMMISSION OF THE KENAI PENINSLTL.A BOROUGH: Section 1. That an exception to 20.24.230 Building Setbac~g~"the westerly lot Line of Lat b, $Lock 4 of Highlands Subdivision be granted. SeGC3on 2. That the owner of Lot~G, Slack 4 of Highlands Subdiv sion a required to record and pay far recording this document. AAOPTED HY THE FI.ANNING CO;~tIS$ION OF THE KENAI F$NINSUI.A BOROUGH THIS ~~ DAY OF ~ , 1983. ann ng amm ss on a rman ""`~ ATTEST: ecretary NOTARY'S ACKNOWLED[;ENIENT far Peter C. Ernst and Kathryn E. Hallstein. - - - --- Sworn and subscribed to before mc. a notary, this ~ day of Ju 1983. otar ~/ ~ ~ : My a issior~ exis3,res:_ ~~,/-8~" j ' ~O~ Rt ' .~ Y 'rte p(I j~L;C' ~,. i `" ~~~ ##ANpE:d TU GEURGE HRA[SFQRD 7/12/83 F4ii RECORDING ikeh) http://www.borough.kenai.ak.us/plar~ningdept/P1annComrr~/Resolutions/1983/83b.htm 6/5/2001 t~~ o. ~~ bK l2oapo~ o 3p' ~ ~ ~ - ~J -- ~ \ ~ ° Ex~sT~~G ~ Hou 1~ ~, 1 ~r25~BLDG. SETBACK ANTED BY KRB. ~ESpL,UTI N 83-6 ~ ~ EXCEPTION GR ~ ~ STORAGE /, / ` ~ SHED / ~ ~ / ,/ \ /// _, \, \~~ ~ G.IM. O c0 red porch -DDI TI 4N LENT ES iument. Record. I t LOT 6.1=~ ~/ / t 24,oos s / 1 27, 857 SF ~ 1 Zy' SLDG. SETBACK ~ , ~ / ~ o~ ~ f ~ ~ ~~ a ~ ~ ~~ `ti ~~ ~~ ~~ ~~~ pQ~000~ AS-BUILT SCALE URVEY I hereby certify that I have Surveyed the following described property LOT 6 BLD K 4 HIGHLANDS SUED. located in the KENAI Recording District, Alaska, and that the improvements situated thereon are within the property lines and do not over#ap or encroach an the property lying adjacent there to, that no improve- ments on the property lying adjacent thereto encroach on the premises in question and that there ara no roadweva. 3a. i r~+ .4r ,~..~' ~._~. - - 1~~ ~ ,. ~~~'~~ 3 , '" (3S 3h,Y Ei15~'J~'~~W2lD~la - ?,~+3 ~ ~x~ ~E ~ ''~1l `' '1S ~fISIH~ U _Z ~.=_ ~_ 4f'4:. - ,_. 1 _~_. ~N z`--'- , _ ~'~~_ ~. G~~ ~ `~ .: :.:-- .--~~, t SP~~ -mow 1~~~P ~. -,; -~ -_ ~. ~ - ~, ~ _ ~_ a ~~ ~.,:v _~: sb STAFF REPORT To: Planning & Zoning Commission Date: June 12, 2007 Res: PZ01-28 GENERAL INFORMATION Applicant: Brian & Christel Zufelt 283-1039 1360 Muskrat Way Kenai, AK 99611 Requested Action: Variance -Side Setback Requirements Legal Description: Lot 6A, Block 4, Highlands Subdivision No. 2 Street Address: 1360 Muskrat Way KPB Parcel No.: 04918029 Existing Zoning: RR-Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. 0128 Comment Page 2 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. 5. The granting of a variance shall not be based upon other non- conforming land uses or structures within the same land use or zoning district. The structure is currently considered anon-conforming structure because the structure did not meet the setback requirements when the City took over zoning in 1984. The applicant wishes to build an addition on the structure that wilt require a variance from the side yard setback. The structure is currently encroaching and the new addition would further encroach on the side setback. The addition would be within 6 feet of the property line requiring a variance of 9 feet. The applicant has provided a letter from the adjoining property owner that states they are aware of the present situation and are not against the addition to the structure. fCopy attached.] City Engineer: None. Building Official: If this variance were granted, it would not violate the building code far the type of construction and distance from property line. RECOMMENDATIONS The applicant appears to meet the requirements of KMC 14.20.180. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-28 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMM15510N VARIANCE RESOLUTION NO. PZO'[-28 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Brian & Christel Zufelt ADDRESS: _ 1360 Muskrat Way L>=GAL: _Lot_ 6A, Block 4, Highlands Subdivision No. 2 __, ,_,.. PARCEL NO: 0491$029 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements for a variance has been submitted and received on June 6, ,2001, 2. That this request is located on land zoned RR-Rural Residential 3. That the applicant seeks a variance from the specified requirement of the Zoning code: Development Requirements Table -_Side Setback - 9' fnine.footl Variance ,..___ 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide #or the reasonable use of the land andlor structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission on_ June 27, 2001. NOW, THEREFORE, BE !T RE50LVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THl= CITY OF KENAI, ALASKA, June 27, 200 7 . (o " o~?~ ~ CHAIRPERSO Z ATTEST: RF b ~ -~~ C~c~~ ~4y, FO CITY 0 _ shy «r~ ~~ 210 FIDALiiO AVE., SI11TE 200 KEWU, ALASKA TELEPHONE 907 239.7635 FAX 007.283.3014 nu DATE: ! ~ ` C~ APPLICATION FOR VARIANCE PERMIT NAME: ~ ~:9N ~ PHONE: ~ `~03 MAILING ADDRESS: /~ d STREET ADDRESS: -~ ~-~-_ , LEGAL DESCRIPTION: L~111~76~ 9~ , ~0~~~(~Gv KPB PARCEL NUMBER: ~~ ~~ PROPERTY ZONING: ~1 G~ ~ C;c~ ~,o ~,'~2,u7r, I AM REQUESTING A VARIANCE FROM (State section of Kenai Municipal Code): ~~+ ~e S~-i- ~a ~' - *,-**. Section 14.2D.18Q of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~ A Public Notification and hearing is required before the issuance of this permit. A $105.tJ~ non-refundable depositladvertising fee is required to cover these notification costs. {Please see attached procedure sheet.} 3. ~ You are required #o post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavi# of Posting wi#h this office two weeks prior to the scheduled public hearing. if this afFdavi# is no# filed, the hearing will not be scheduled. To approve the reques#ed variance, the Commission shall establish a finding that ail of the following conditions exist as a prerequisi#e to issuance of a variance permi#: • Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. • The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • The granting of the variance shall no# authorize a use that is not a permitted principal use in the zoning dis#rict in which the property is located. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/ors#ntcture. • The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: !.~ t / b~ ~fe oN ~ Ci e.,~L.y ee~ _, ~ i°%~tic.2 rcl /~u~'~~ o~ fi~~~orV~'D~ ~e ~uSe. - Appiicant's Signature: *~ Reviewed approved by the Planning Commission on a2Z day of ~~._ o Chairpersgrt: ~ ~~ Explanation of Property Encroachment Brian Zufelt 1360 Muskrat Wy. Kenai, AK 99611 Lot 6 Black 4 Highlands Sub. To Kenai City Council, We would like to build an addition to our existing home. One corner of our existing home is currently 12.2ft from the property line causing and encroachment to the ajacent property. We would like to build an addtion to our home which the one corner of this addtion will be Eft from the same property line. The addtion will be a 12'x 16' bedroom. ~~ ~~ ~~°r a.,d~ ~zoh• ,c.JZ~.~ ~, .f~ ~ ~~ ~~ ~~ ~~~~o~, ~~.6~~. ~3oa~ ~~a ~ l~~s~ 6~6/ ~ `~ ~~' ~ ~~ ~~ a' ~~ ~A `~ !~ °~ o e~ r2 °0 401 0 3°` -_ ° ~ ~ ExisTiNG w ~ H01lSE ~, ~ ~ ~r2'~~BLDG. Sg7BACK ANTED BY KPB. a£~LU71 N 83-6 ~ I £XCgp710N GR ~ ~ 5TORAG£ ~ _ ` ~ SHED ~ ~ ~ ~ ~ ~ / ~ 1 1 LOT 6 /~ / ~ 1 ~ ~ 22;~08FS.F } ~ ~ \ \ ~ 1 23~ gLQG. SE3BACK ~ -~ i O1 ~ ~ r / ~. I ! r ~ ~/ a \ ~ .1 ~ ~ `N a ~ ol~ ~~ ~ ~ \ ~' ~ ~ / i~ /• G.M. ~ •ed porch ~ ~ ~~ ~ ~~,) '~ ~ ~,,• o ae~oa.,~~ ~ : n..,, . . ~. / .~ ~ . ~. ~ „a AGE ~E ~ ° ~':~~;Fl`R''~ ~. . P E N T ~ A ~.. __ • ,~. ,~~ iN' 4_TYr r M ~• • • _ ry. . r . - :~... ES iument. Record. SCALE AS~BUILT SURVEY I hereby certify that I have surveyed the fallowing described prvperty~ LOT 6 eLD K 9 HIGHLANDS SUED. located in the KENAt Recording District, Alaska, and that the improvements situated thereon are within the property lines and da not overlap or encroach on the property lying adjacent there to, that no improve- ments on the property lying adjacent thereto encroach on the preftllS d3 in QUeSt1An And thn! thw~a nra nn rn~ar.....~ .._........ =o ~~~- - f> ~, ~. ~:_. ~~ `~o .2' SP"` ~~° :.~; ~._~ as# l.T :- _ . 15 yIIS~H~ G~~~ N ~ O ~ y © ^, ~ © © ^~ ~ ~ ^~ ~ C V V p ~ O Z N ~ a) C Cr~~ m'o ~ crm ° 3 O ~ v m a~ -~pU v Nyd~N v•~~TU N N [ >+ de~~ ~ [O y0 YC ~ (~ L i `~ ,[S ~ O a P a a C ~ a ~ O T¢ y . U D d N =~ O N~ C M N C7 ~ L C N lp ~ O N Q' ~ s C ~ y N~ O 7 O y ~- Q E 7 O G7 ~~ ~ F" O c-°> c U i c~ c V as 01 U ~ ~ f N0. 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Uc ~YOy } ~ NV o ~ rU 3 O min ~U v a u~ ~~ o ~ ~iJ ~ ~ m~ a~ -, 4a r„ ~~ N G] ayi ~ a~i ~ o z 0 z o z ayi ~ o z 0 z o~'i } ~ Q O~ i;~ ~' U N ~ ~. ~ ~7 ~ _ O ~ W ~f ut3 h~ '~ ^'~ ~ Y IY C VJ C O L '~ .C N t ~ 07 ~ C C ._ ._ h~~ C ~ gy ' o ~ ~ ~ , a a o d C a C m c ~ o~ cam ~ q ~ ~, ~ ~ ~ ~ ~ ~° ?~ ~ 'a x ~ m g~ 0. a ~ = ~s N ~ . ro ~ F~ m oai amoc ° ~m ° ~~ ~ ~m ~ ° ,v ~ m S ° ~ ~" rQ ~~ ~cn~ r°~ ' r'p ° N ^ > ~ a o 01 .C D1 ~ .~ N ' C ^ ~ I ~ ^ T ~C T J ~ ~ N ~ r ~ ~ y ti x Y ~ m Y N v` rn C7 O) x Y ~.. 01 ~ Y 6f v Y Y Y c Y 01 M Y O ;: ~ ~ a ~ ~ ¢ O m Q m a c Q ~ Q Y Q o N ~ ~` d Y ° Y ~ Y ~ Y N Y ~ x ° ~ v Q 4. ~ a Y N ~ ~ ~ ~ -~i m 0. t3 as c .4 ~ a~i ` a7i r ~ Z '~ ~ ~ ~ aNi 3 ~1 ~ o ~ Y (n ~ m ~ ~ ~ Oi ~ m °a J ~ _.i ~ ~ = ro °o H l Q ~ CO ~ d ~ a „~ ~ y ,~"i ~ ~ ~ a a ~ ~ w m ¢' ~ ~ i~.1 ~ ~dl ~~ ~ o 0 0 0 0 0 0 O 0 0 1 Q ~ ~ .~ N r ~ v N N ~ ~ ~ ~ `° ~ `° tt r v v V q U '~ V V ~ d o ~~ Ea~o us ~~?U ~ E -a ~ ~ m '~ . co ~, c T ~ ~ ~U ~ C 'D -d C U .C ~ ~L~ N u G ~ .3 ~ ~ ~ N ... 7 ~ o ~ ~ Co1~0y7 w~i N 7 O ~ a fD ~Qw ~ L u N } Q ~ ~ ~ ~ ~ ~ G ~~ ~ ~ ~ d h ~ t O i. m '~ ~ N Q1 N ~ b4 h .c Y .y o`'i E Q Ct ~ m c ~~ ~ Y O o +., •~ o O ,~, i ~ ~ io A V I~ 0 0 N d N d ti 1 ~c~ AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE zo, zool 7:00 P.M. KENAI CITY COUNCIL CHAMBERS httt~: L/wwtw. ci.kenai. ak. u s ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roil Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the council and will be approved by one motion. There will be na separate discussion of these items unless a council member so requests, irz 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. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) 1. Jim Bielefeld -- Peninsula Air Fair Update ITEM C: PUBLIC HEARINGS 1. Ordinance No. 1914-2001 -- Increasing Estimated Revenues and Appropriations by $1,635,000 in the General Fund for Transfer to the Multipurpose Facility Capital Project Fund and the Skateboard Park Capital Project Fund. ~~dCGi/ ~~ -~ a. Substitute Ordinance No. 1914-2001 -- Increasing Estimated Revenues and Appropriations by $1,745,000 in the General Fund For Transfer to the Multipurpose Facility Capital Project Fund and the Skateboard Park Capital Project Find. ~~ 2. Y''-~~~ Ordinance No. 1915-2001 -- Amending KMC 14.20.321 (Bed and Breakfast Establishments) to Provide: I) Th t A li a pp cants Must Provide Evidence of Being Current on All City Obligations Prior to Issuance of a Permit; 2) To Provide for an Annual /Report Summarizing On-Site Activity for the Year; 3) Setting Forth Standards far Revocation of Conditional Use Permits for Non-Compliance with the Terms of the Fermit, Violations of the Kenai Zoning Code, or Delinquency in City Obligations. ~~~~/ 3. Ordinance No. 1916-2001 -- Amending KMC 14.20.150 (Conditional Uses) to Provide: 1) That Applicants Must Provide Evidence of Being Current on All City Obligations Prior to Issuance of a Permit; 2) To Provide for an Annual Report Summarizing On-Site Activity for the Year; 3) Setting Forth Standards for Revocation of Conditional Use Permits for Non-Compliance with the Terms of the Permit, Violations of the Kenai Zoning Code, or Delinquency in City Obligations, -1- ~`G~L~ C(. 4. Ordinance Na. 1917-2001 -- Increasing Estimated Revenues and Appropriations by $3,562.50 in the General Fund for Police Department Smali Tools. ~~ 5. Ordinance No. 1918-2001 -- Increasing Estimated Revenues and " Appropriations by $50,000 in the Bridge Access Road Water and Sewer Capital Project Fund. 6. Ordinaace No. 1919-2001 -- Increasing Estimated Revenues and Appropriations by $30,000 in the Water and Sewer Fund and the GiII Street Crossing Capital Project Fund for a New Water Main. ,"~ a. Substitute Ordinance No. 1919-2001 -- Increasing Estimated Revenues and appropriations by $41,000 in the Water and Sewer Fund and the Gill Street Crossing Capital Project Fund for a New Water Main. ~~~ ~ 7. Resolution No. 2001.39 -- Awarding Janitorial Contracts for the City Administration Building and the Kenai Community Library to Integrity Janitorial Company for the Period July 1, 2001 Through June 30, 2002. 8. Resolution No. 2001-40 -- Awarding a Contract for Professional Engineering Services for the Project Entitled Wastewater Facility Master Flan to CH2M Hill far the Not-to-Exceed Amount of $275,000. 9. Resolution No. 2001-41 -- Transferring $12,089 in the Water and Sewer Special Revenue Fund to Increase Funds Available to Purchase a Steam Generator. 10. Resolution No. 2001-42 -- Transferring $15,000 in the Airport Land System Special Revenue Fund for Soil Excavation and Testing at the Jet Fuel Facility. 11. Resolution No. 2001-43 -- Awarding the Bid to Bob's Services, Inc. for a Steam Generator-2001 for the Total Amount of $71,982. 12. Resolutioa No. 2001-44 -- Approving a Contract to Peninsula Construction, Inc. for the Project Entitled, "Mission Avenue, Cook Avenue, Upland Street and Main Street -- Street Improvements" far the Total Amount of $162,952.10. 13. Resolutioa No. 2001-45 -- Awarding a Contract to Harbor Enterprises, Inc., d/b/a Kenai Petrol Express for Furnishing and Dispensing Unleaded Fuel at the Service Station Located at i 1152 Kenai Spur Highway. 14. Resolution Na. 2001-46 -- Awarding Contracts to Doyle's Fuel Service, inc. to Furnish and Deliver Unleaded Fuel and to Harbor Enterprises, Inc., d/b/a Alaska OiI Sales to Furnish and Deliver Diesel Fuel No. 1 and No. 2. 15. Resolutioa No. 2001-47 -- Awarding a Contract to Biazy Construction for the Project Entitled, "Multipurpose Facility Refrigeration 2001" for the Basic Bid Plus All Alternates for the Total Amount of $1,231,986. 16, Resolutioa No. 2001-48 -- Approving an Amendment Adding Construction Administration and Inspection Services to Architects Alaska/ Klauder & Co. Associated Architect's Professional Services Agreement on the Project Entitled, "Multipurpose Facility Refrigeration 2001" for the Not-to-Exceed Amount of $59,500. -2- 17. *Liiquor Licease Transfer -- Uptown Motel/Louie's; Schilling Alaska Inc., Stock Transfer. ITEM D; COMMISSION COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks & Recreation Commission 6. Planning & Zoning Commission 7. Miscellaneous Commissions and Committees a. Beautification Committee b. Kenai Convention & Visitors Bureau Board c. Alaska Municipal League Report ITEM E: MINUTES 1. `Regular Meeting of June 6, 2041. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS 1. Bills to be Paid, Bi11s to be Ratified "~1~~~ 2. Purchase Orders Exceeding $2,500 ~~~-~y' 3. *Ordilaance Na. 1920-2001 -- Increasing Estimated Revenues and Appropriations by $21,000 in the Airport Land System Special Revenue Fund, the General Fund and the Bridge Access/Frontage Water Main Capital Projects Fund. ~~,Oy~J-rjY~~ 4. /~ Approval -- Kenai Municipal Airport Logo 5. Approval -- ERA Aviation Lease Renewal/2001-2006. 6. Approval -- Assignment of Lease -- Dan Roberts to Pinga Properties, Inc. and Geoffrey M. Graves, Individually/Lot 6A, Block i, Gusty Subdivision No. 4. 7. Approval -- Sublease Agreement -- Robert J. Johnson to MitchelI's Auto and Truck Repair, Inc. /Lot S, Block 5, General Aviation Apron. 8. Approval -- Approval of Capita! Project -- Water Lines in Support of FAA Tract; Tract C, Daubenspeck; and BOR Restricted Airport Lands Tract. 9. Approval -- Sale of Lots 1$, 19, 20, 26 & 27, Block 12, Inlet Woods Subdivision -- Sale Brochure. 10. Approval -- Sale of Lot 12, Block l3 and Lot $, Block 11, Inlet Woods Subdivision -- Sale Brochure. 11. Approval -- Kenai Spur Unity Trail Easement (Near Beaver Creek). -3- ITEM I: ADMINISTRATION REPORTS 1. Mayor 2. City Manager 3. Attorney 4. City Clerk 5. Finance Director 6. Public Works Managers 7. Airport Manager ITEM J: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSIDN -None Scheduled ITEM K: ADJOURNMENT -4- J l~ ~ KENAI PENINSULA BOROUGH PLAT COMMITTEE KENAI RIVER CENTER 514 FUNNY RIVER ROAD R E C E# V E D SOLDOTNA, ALASKA 99669 JUN 1 9 Z0~1 5:30 p.m. June 25, 2001 CITY OF KENAI Tentative Agenda PLANNING p~PARTMENT MEMBERS: A. CALL TO ORDER Ann Bayes Anchor Point Term Expires 2001 B. ROLL CALL Brentlohnsnn 1Casilof C. APPROVAL flF AGENDA, EXCUSED ABSENCES, AND MINUTES Term Expires 2003 John Nammelman l . Agenda Areawide Term Expires 2002 2. Member/Alternate Excused Absences Blair Martin Areawide Term Expires 2003 ~ a. No excused absences requested At~T>~R>vnTE: 3. Minutes Lynn Hohl Seward Ciry a. June 11, 2001 Term Expires 2002 D. SUBDIVISION PLAT PUBLIC HEARINGS 1. Beacon Hill Subdivision Orlin Replat KPB File 2001-100; Integrity/Heck Location: South of Sterling Highway, approximately'/4 mile east of Soldotna City Limits 2. Ree'Dan Subdivision KPB File 2001-105 integrity/Pitts Location: Caribou Hills 3. Kenai Townsite 2001 Replat KPB File 2001-101 Johnson/Jahrig Location: City of Kenai 4. Maxwell Subdivision # 4 KPB File 2001- 103 Johnson/Chapman Location: Narth of Seward, south of Kwechak Creek i .. ' YI _.. 5. i 6. 3 f 1~ 7. Barnett's South Slope Subdivision Teresa's Turf Add'n. KPB File 2001-102; Anderson/Barnett Location: City of Homer Oberts' River View Estates KPB File 2001-104; McLane/Oberts Location: Big Eddy Road on the Kenai River The Village Subdivision KPB File 2001-106; Tinker/Drown Location: On Kimberly Street north of Tote Road E. PUBLIC COMMENT F. ADJOURNMENT NEXT REGULAR MEETING The next regularly scheduled Plat Committee meeting will beheld in the Kenai River Center, 514 Funny River Road, Soldotna, Alaska at 5:30 p.m. on July 9, 2001 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.borou .kenai.ak.us/ lannin de t 2 KENAI PENINSULA BOROUGH PLANNING COMMISSION KENAI RNER CENTER 514 FUNNY RIVER ROAD SOLDOTN John Hammelman Chaimtan A Areawide Term Expires 2002 B. Philip Bryson Vice Chairman Kenai City C Term Expires 2001 Ann Bayes Parliamentarian Anchor Point Term Expires 2001 Peggy G. Boscacci PC Member Seldovia City Term Expires 2003 E.ynn Hohl PC Member Seward City Term Expires 2002 Brent Johnson FC Member 1Casilof Area Term Expires 2003 Blair Martin PC Member Areawide Term Expires 2003 Jim Skogstad PC Member Hope Term Expires 2001 Bill Smith PC Member Hamer City Term Expires 200] Dick Troeger PC Member 5oldotna City Term Expires 2002 Vacant Seat Term Expires 2002 A, ALASKA 99669 June 25, 2401 7:30 P.M. Tentative Agenda CALL TO ORDER ROLL CALL RECEIVED .~N i 9 20~i CITY bF KENAI PLANNING DFPARTMFNI' 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 w i II be approved by one motion. There will be no separate discussion of these items unless a Planning Commissicmrr ~K someone from the public so requests, in which case the item will be removed from the consent agenda and cix~si~cred 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, plrax ~1~ ~x the recording secretary before the meeting begins, and she will inform the Chairman of your wish to cnmrnrrsi 1. Time Extension Requests a. Mountain Lake Subdivision # 2 KPB File 2000-051; Johnson/Fischer Location: Sterling Highway, north of south end of K-Beach Road b. Habitat Acres Addition No. 1 KPB File 96-020; Swan/Dimmick/Habitat for Humanity Location: City of Kenai c. Drew Homestead Tracts 1993 Addn. KPB File 93-093; McL,ane/Page/Arness Location: North Kenai d. Packwood Subdivision No. 8 KPB File 2000-101; Eastham/Parker Location: City of Soldotna e. Diamond Willow Estates Part 7 (name to change) KPB File 99-051; Eastham/Gibbs Location: Kenai River and Ciechanski Road 2. Plats Granted Administrative Approval 3. Plats Granted Approval Under 24.04.070 -None r...-...... _ ...... ,. . i F _. 5 4. Plat Amendment Requests -~-~ -~ a. Lookout Mountain Park (Plat HM 98-2b}; KPB File 97-072; Seabright; Location: Ohlson Mountain Road 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC - None c. Administrative Determinations 6. KPBPC Resolutions -None 7. Commissioner Excused Absences a. No excused absences requested. 8. Minutes a. June 11, 2001 Plat Committee Minutes b. June 11, 2001 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previoas arrangements are made.) E. UNFINISHED BUSINESS 1. Public Hearing; Vacate that portion of Pioneer Street dedicated by Plat of Mullen Homestead (K-1783) and Soldotna Junction Subd. Addition No. 6 (Plat KN 75-76), and vacate the 66 foot section line easement underlying that same portion of Pioneer Street (centered on the section line common to Sections 32 and 33), and vacate Mullen Drive dedicated by Plat of Mullen Homestead (Plat K-1783), within Township 5 North, Range 10 West, Seward Meridian, Alaska; City of Soldotna; KPB File No. 2001-040; Petitioners: Margaret T. Mullen for the Margaret T. Mullen Trust, Eileen Mullen for Soldier Creek Corp. and Dave & Linda Hutchings, all of Soldotna, Alaska; carried forward from Apri123, 2001; carried forward to June 25, 2001 F. PUBLIC HEARINGS 1. Vacate that portion of Hazbin Avenue between Water Street and Steadman Street, dedicated by Steadman Subdivision (Plat KN 75-45), and Marriott Subdivision (Plat KN 75-108), within Section 20, z Township 5 North, Range 9 West, Sewazd Meridian, Alaska; northeast of Longmere Lake; KPB File No. 2001-099; Petitioners: Janice Haberman, George Dennis Cole and Beatriz Cole of Soldotna, Alaska. G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS 1. Building Setback Exception associated with ROW take: Lot A3B Scenic View Subdivision; KPB File 2001-107; KPB Resolution 2001- 12; David Evans & Assoc. for State of Alaska/McBride; Location: Homer East End Raad I. SUBDIVISION PLAT PUBLIC HEARINGS 1. The PIat Committee is scheduled to review seven plats. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) 1. Conditional use permit has been received to construct a 60' x 4' elevated light penetrating walkway within the 50 foot Habitat Protection Area of the Kenai River; Kenai River mile 24.5, right bank, within Lot 2, Block 1, Hideaway Estates Subdivision, Section 35, TSN, Ri 4W, S.M., Alaska; KPB Tax Parcel # 058-230-08; Richard and Jane Kerns; KPBPC Resolution 2001-14 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS 1. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Ninilchik; Gregoire 2. -Prior Existing Use for a Sand, Gravel or Material Site Determination; near Homer; Gregoire 3. Prior Existing Use for a Sand, Gravel or Material Site Determination; near Homer; Gregoire 4. Prior Existing Use for a Sand, Gravel or Material Site Deternination; near Soldotna; Pearse Construction, Inc. 5. Prior Existing Use for a Sand, Gravel or Material Site Determination; neaz Ninilchik; Janes 6. Kenai Peninsula Borough Comprehensive Plan 7. Planning Commission Attendance at Assembly Meetings 8. Choose a new Plat Committee. New members will serve July, August, and September 2001. M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION 1. Permit Application for a Sand, Gravel or Material Site; Anchor Point; Cliff Shafer, carried forward from June 8, 1998. Postponed until the Coastal Management Program consistency review is re-started and concluded. 2. Proposed Residential and Preservation reclassification of borough land located in the Cooper Landing area described as Tracts B through N, Sunrise View Subdivision (preliminary plat} and a portion lying within the S%z of Section 25, TSN, R3W, S.M., Alaska, pursuant to KPB Code of Ordinances, Chapter 17.10.080; carried forward from December 14, i 998. Postponed until brought back to the Commission by staff. 3. Kenai Peninsula Borough Planning Commission Resolution 2000-26: Establishing the Plat Committee as the Initial Tribunal for the Vacations of Dedications Within the Borough; carried forward from July 24, 2000 Postponed until brought back by staff. 4. Public Hearing; Ordinance 2001-10: Authorizing along-Term Land Use Permit with the Boys and Girls Club and Head Start Program in Seldovia; carried forward from Apri123 and May 14, 2001 Postponed until brought back by staff. 5. Public Hearing; An Ordinance Amending KPB Title 20 "Subdivisions" Providing for the Construction of Roads to Borough Maintenance Standards Prior to Final Plat Approval; carried forward from Apri19, April 23, and May 29, 2001 Postponed until brought back by staff. Q. ADJOURNMENT PLAT COMMITTEE The Plat Committee will meet June 25, 2001 at 5:30 p.m. in the Kenai River Center, 514 Funny River Road, Soldotna FUTURE MEETINGS PLAT COMMITTEE The next regularly scheduled Plat Committee meeting will be held at the Kenai River Center, 514 Funny River Read, Saldotna, at 5:30 p.m. on July 9, 2001. PLANNING COMMISSION The next regularly scheduled Planning Commission meeting will beheld the Kenai River Center, 514 Funny River Road, Soldotna, at 7:30 p.rn, on Juiy 4, 2001 MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 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.borou .kenai.ak.us/ lannin de t OTHER MEETINGS Anchor Point Advisory Planning Commission July 10 Cooper Landing Advisory Planning Commission July 11 214 FIDALGO, SUITE 200, KENAI, AK 99669-779a (907)283-7535 To: Denise From: Marilyn Kebschufl Fax: 283-3299 Pages: i Phone: 283-7551 Date: June 18, 2001 Re: ADVERTISEMENT CC: FILE ^ Urgent ^ For Review ^ Please Comment Please Reply ^ Please Recycle ~ Comments: Please publish the following advertisement on Monday, June 25, 2001. This will be charged against the open purchase order you have. Thanks. CITY OF KENAI PLANNING ~ ZONING COMMISSION **AGENbA** KENAI CITY COUNCIL CHAMBERS June 27, 2001 - 7:00 p.m. http:llwww.ci.kenai.ak. us 1. CONSIDERATION OF PLATS: a. PZO1-29-Preliminary Plat Kenai Youth Facility-Swan Surveying, P.O. Box 987, Soldotna, Alaska. 2. PUBLIC HEARINGS: a. PZOl-27---Encroachment Permit for side setback encroachment for the property described as 1360 Muskrat Way (Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muskrat Way, Kenai, Alaska. b. FZO1-28-Variance Pernvt fora 9-foot variance from the required 15 feet side setback for the property described as 1360 Muskrat Way (Lot 6A, Block 4, Highlands Subdivision No. 2), Kenai, Alaska. Application submitted by Brian and Christel Zufelt, 1360 Muslrnat Way, Kenai, Alaska. 3. OLD BUSINESS: 4. NEW BUSINESS: 5. PENDING ITEMS: The public is invited to attend and participate. The meefing will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be obtained at Ci#y Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by calling 283-7535 extension 235. Marilyn Kebschuli Planning ~ Zoning Administration Publish: June 25, 2001 a