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HomeMy WebLinkAbout2001-07-25 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS Juiy 25, 2001 - 7:00 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: JULY 11, 2001 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZO1-35-----Preliminary Plat -Porter's Acres Subdivision-Application submitted by McLane Consulting Group, P.O. Box 468, Soldotna, Alaska. b. PZO1-36-Preliminary Plat -Whispering Willow Subdivision-Application submitted by McLane Consulting Group, P.O. Box 468, Soldotna, AIaska. 5. PUBLIC HEARINGS: a. PZOI-31-An application far a Variance Permit far additional signs for a Conditional Use Permit for the property known as Lot 17, Block i 0, Valhalla Heights Subdivision (5296 Kenai Spur Highway}, Kenai, Alaska. Application submitted by Paul & Debbie Wilson, 5296 Kenai Spur Highway, Kenai, Alaska. b. PZO1-32-An application for a Conditional Use Permit for a retail business for the property known as Lot 5, Block lA, Valhalla Heights Subdivision Part 5 (4401 N. Dogwood Road), Kenai, Alaska. Application submitted by Raymond and Susan Carr, 4401 N. Dogwood Road, Kenai, Alaska. c. PZO1-33-An application for a Variance Permit for an off-premise commercial advertising sign for the property known as Lot 35, Block 1, Valhalla Heights Subdivision, Part 2 (4105 N. Dogwood Road), Kenai, Alaska. Application submitted by Raymond and Susan Carr, 4401 N. Dogwood Road, Kenai, Alaska. d. PZO 1-34-An application for a Conditional Use Permit for a day care far the property described as Lot 8, 9, 10, Block 4 of East Addition of Townsite of Kenai {511 South Willow, Apartment 9}, Kenai, Alaska. Application submitted by Anita Rodriguez, 511 S. Willow Street, Apartment 9, Kenai, AIaska. Planning & Zoning Commission Page 2 Agenda July 25, 2001 6. OLD BUSINESS: 7. NEW BUSINESS: a. *PZO 1-37-Home Occupation Permit -Day Care-For the property known as 1107 4th Avenue (Lot 1, McCann Subdivision). Application submitted by Julie Kim Luoma, 1107 4'h Avenue, Kenai, Alaska. b. PZ01-38-Transfer of Conditional Use Permit for Paint Ball Playing Field from Barrett Nickel and Joshua Coray to Ronald H. Chenault for the property known as 514 Van Antwerp Avenue {Tract A, Bridge Road Subdivision), Kenai, Alaska. Transfer requested by Ronald H. Chenault, 204 N. Gill Street, Kenai, Alaska. S. 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" ~- June 25, 2001 & July 10, 2001 b. City of Kenai " 2"d Quarter" Building Permit Report c. Working Outline -Comprehensive Plan 13, COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 11, 2001- 7:00 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 27, 2001 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ01-30-An application for a Conditional Use Permit for a Guide Service for the property known as 1325 Angler Drive (Lot I8, Block 1, Angler Acres Subdivision, Part 2), Kenai, Alaska. Application submitted by Herman E. Fandel, 702 Lawton Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council 6. Borough Planning c. Administration ll. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Kevin Waring Association -Letter dated 6/26/01 b. "Zoning Bulletin" -June 10, 2001 c. Angler Acres Conditional Uses and Variances Report 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION CITY COUNCIL CHAMBERS JULY 11, 2001 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call Members Present: Glick, Goecke, Nord, Morse, Jackman Members Absent: Bryson, Erwin Others Present: Councilman Bannock, City Planner Kebschull, Contract Secretary Roper 1-b. Agenda Approval MOTION: Commissioner Nord MOVED to approve the agenda adding the July 5, 2001 council meeting action agenda and the Borough Planning meeting agenda and requested UNANIMOUS CONSENT. Commissioner Morse SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda The consent agenda was approved as presented. ITEM 2: APPROVAL OF MINUTES -- June 27, 2001 The minutes were approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS 5-a. PZ01-30-An application for a Conditional Use Permit for a Guide Service for the property known as 1325 Angler Drive (Lot 18, Block 1, Angler Acres Subdivision, Part 2), Kenai, Alaska. Application submitted by Herman E. Fandel, 702 Lawton Drive, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ01~30 and Commissioner Morse SECONDED the motion. Chairman Goecke opened the public hearing. There was no public comment and the public hearing was closed. Kebschull drew attention to the City recommendations in the application where the number of guides would be limited to three and any additional uses would require public hearing should the applicant wish to expand their services. VOTE: B son Absent Erwin Absent Glick Yes Nord Yes Morse Yes Jackman Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS -- None ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT -- None ITEM Y0: REPORTS 10-a. City Council -Councilman Bannock gave a brief report based on the July 5, 2001 City Council agenda. 10-b. Borough Planning - No report 10-c. Administration -Kebschull reported the following: • Kevin Waring of Kevin Waring Associates will be at the July 18~ City Council meeting to give a briefing on the Comprehensive Plan. Kebschull encouraged P8sZ Commissioners to attend. • The next Planning and Zoning meeting would be very busy as there would be several items on the agenda to include public hearings, plats and a transfer of a conditional use permit. • The City received a $20,000 grant to assist a project that is included in the comprehensive plan. PLANNING & ZONING COMMISSION MEETING JULY I1, 2001. PAGE 2 ITEM 11: PERSONS PRESENT NOT SCHEDULED -- None ITEM 12: INFORMATION ITEMS 12-a. Kevin Waring Associates -Letter dated b/26/Ol 12-b. "Zoning Bulletin" -June 10, 2001 12-c. Angler Acres Conditional Uses and Variances Report ITEM 13: COMMISSION COMMENTS & UESTIONS -- None ITEM 14: ADJOURNMENT MOTION: Commissioner Glick MOVED for adjournment. There were no objections, SO ORDERED. The meeting adjourned at 7:10 p.m. Minutes Transcribed and submitted by: Barbara Roper, Contract Secretary PLANNING & ZONING COMMISSION MEETING JULY ll, 2001 PAGE 3 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-35 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 Porter's Acres Subdivision was referred to the City of Kenai Planning and Zoning Commission on Ju~L3, 2001, and received from McLane Consultin Grou . WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RS-Suburban Residential 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 awed 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. Pfat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. Verify no encroahment on Lat Z. b. Correct Note 5 to 25 feet. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE PORTER'S ACRES SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 27, 2001. CHAIRPERS ATTEST: STAFF REPORT ~-~ a To: Planning & Zoning Commission Date: July 9, 2001 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK Res: PZ01-35 Requested Action: Legal Description. Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Plat -Porter's Acres Subdivision Porter's Acres Subdivison 1802 Second Avenue 04310011 RS---Suburban Residential Residential Medium Density Residential Plat subdivides a large parcel into five lots. Area is zoned suburban residential. Minimum lot size in this zone is 7200 square feet. Proposed lots meet this requirement. Water and sewer is available to the lots. Prior to finalizing the plat, surveyor must verify that an encroachment does not exist on what will be Lot 1. Note 5 "Building Set back" notes a 20 foot setback from all street rights- of-way..." The City of Kenai Development Requirements Table requires a minimum set back of 25 feet in this zone. Cit~ngineer: McLane Consulting plat submittal farm notes the zoning to be rural residential - should be suburban residential. Buildin Official: No additional comments. RECOMMENDATIONS Verify an encroachment does not exist on Lot 1. Correct Note 5. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-35 2. Preliminary Plat x ig ry ~ n o z ~~ ~ .. ~ E~ ~2 ~~ g ~ ~ ~ r c ~~ ~$ ~F ~~~& ~ a yy ~ bg ~ P s ~ ~ ~ ~ en ~ ~~ w ~~ C ~~ ~~~ ~CY ~~ ir~y ~ ~ g ae ~ g~ ~ g~~~ ~~ ~ ~ ~~, ~~ ~g - ~ ~ ~ ~ ~ ~ ~_ U ~~ a6~ ~ ~ L_ ~ ~~ C 'r7~3 <9 E7 ~~ 1 0 z ~ I ~+ g ~~r ~~ ~~ ~~ Q C `'`' * ~'~~1~~~ /~ LI. ,, ~~ i m (LS -~b8 O~I~i) ~ ~NI~I'd~8 ~0 SISb'e ~~~ ,~~ ~ M/~I ,99 '1S ~~~~dH ~ R AC'~« ,OOVrI ~ ~ _~ 0 ` ' ~y LL N ~ ~4 Yrt O ~~ ~~ ~ CD I'7 o $ ~ ~ ~ o ~~ ~ f ~ ~~ W -- r~ ~ as~rG b Q ~ C N ,~. ~ .o9vr~ ~~ b o~ ~ ~ ~~~~~ ~~ 0 0 w ~" ~4~4 ~a}r~~3i~jj =pY ~ s ! ~ ~ ~~ ~~~ ~~ ~ ~ ~ ~ ~Z~ ~ ~e~~ ~~~~ P ~ ~~ ~ A Z ~ e C E ¢ ~, ~~ ~ s ~~ 1 ~ ~ g ~ i d I z ~ 8 ~~~ ~~ig ~~~~ ~~~~ ~g~ ~ ~~ X66$ STAFF REPORT To: Planning & Zoning Commission Date: July 11, 2001 Res: PZ01-36 GENERAL INFORMATION Applicant: McLane Consulting Group P.O. Box 468 Soldotna, AK Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Preliminary Plat -Whispering Willow Subdivision Whispering Willow Subdivision 1792 Beaver Loop Raad 04912053 RR--Rural Residential Vacant Low Density Residential Plat subdivides a large parcel into five lots with a remaining large tract. Area is zoned rural residential. Minimum lot size in this zone is 20,000 square feet. Proposed lots meet this requirement. Water and sewer is not available to the lots. City Engineer: None. Building Official: None. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution Na. PZ01-36 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-36 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 Whis erin Willow Subdivision was referred to the City of Kenai Planning and Zoning Commission on Juiy 11, 2001 and received from McLane Consulting Group. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. Plat area is zoned RR-Rural Residential and therefore subject to said zone conditions. 2. Water and sewer: Not 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: NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE WHISPERING WILLOW SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 27, 2001. CHAIRPERSO ~z ATTEST: 13>N! }rp~~ - n ; g~ ~~ a ~ F '~ ~, S _ F ~ ~~~~~ E~~~ ~, ~~~~,~~ ~~,dy~~~,a~ ~`S`®~ ~ ~ h' O' z €@~ a ~ Y' ~ 3~ s fa hs : ~~ ~ ~~~ ~~ ~£` g~~~ ~6 ~~ ~E-i~ ~~_~~ ~;~ g~ ^s~ ~ ~~ ~ ~~~ ~ I ~ ~ ~ e _~ ` ~~ 8 ~1~ ~ t~ B ~~~~i.~~tgi~ ~ ~ ~ J z~$~ ~~ g~ I :Y~q~ ~~ ~~~ ,~~~ s~~ 1aSu ~ ~`~ ~I h{{~~~~ ~~ ~ s s ~~ ~8 ~~ ~ ~ ~~~ ~a~a 33 ~ ~~~ €~S b 3 ~~~~ ~ ~~ :~~y ~ ~~ $~~ L t~6! ~~~~~an~ ~~;~ ze ~~~~~ ~ € ~ ~~ ~~~~ ~ s~~ ~ 1~ ~~~_ ~ ~~fag~ ~ ~ ~ ~ ~ ~--~ ~ ~ ~ T ~ ~d .ors 3niua rararr~ve _ - "~ / /l I I ~ ~ ~ / / 5 1 1 ~ / / NOISiRlg9(~S M3iA ~1N375 9NIIIZZYa S~Bflfi 434N109f15N11 CfTY QF KENAI ~a » ~~ ~~ ~ >a~~r~ ~ 210 FIDALGO AVE., SUITE 2D0 KENAI, ALASKA 99611-7794 TELEPHQNE 907.2$3-7535 - _ FAX 807-2$3.3014 ~~ I~~~e 1992 June 27, 2001 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 July 25, 2001: PZ01-31-An application fora Variance Permit for additional signs for a Conditional Use Permit for the property known as Lot 17, Block 10, Valhalla Heights Subdivision (5296 Kenai Spur Highway), Kenai, Alaska. Application submitted by Paul 8v Debbie Wilson, 5296 Kenai Spur Highway, 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 20Q, Kenai, Alaska 99611-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YOU ARE BEING SENT 'T`HIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 3Q0 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY STAFF REPORT To: Planning & Zoning Commission Date: June 25, 2001 Res: PZ01-31 GENERAL INFORMATION Applicant: Paul & Debbie Wilson 335-3344 5296 Kenai Spur Highway Kenai, AK 9961 1 Requested Action: Variance -KMC 14.20.220 -Signs Legal Description: Lot 17, Bloclc 10, Valhalla Heights Subdivision #1 Street Address: 5296 Kenai Spur Highway KPB Parcel No.: 04925013 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. 0131 Comment Page 2 4. The granting of a variance shalt 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. Applicant is applying for a variance from KMC 14.20.220 fib} (2} IC} to allow for signage beyond that provided for their Conditional Use Permit. Applicants hold a Conditional Use Permit (PZ00-34} for guiding and lodging. The sign code provides for one, 32 square foot sign for this use. The applicants are requesting a variance for two, sandwich board signs (36"X38"} to use when they have lodging space available or open seats in their guiding operation. Applicants also note that in the winter they may use one sign to advertise for their snow removal business that is operated as a home occupation. This would require a variance for sign size and since home occupations are limited to one sign that can be up to 5 square feet and must not be located any closer than 10 feet to any property line. The location of the sandwich board sign, on the driveway may require a variance for location. This type of business, using only phone and mail, would not require a formal Home Occupation Permit.} The City's sign code allows sandwich board type signs up to 16 square feet far use in the commercial and industrial zones. Businesses are allowed one sign and na sign permit is required. The applicants` property is located along the Kenai Spur Highway and the signs would be placed at the entrance to their driveway. There is commercial property located along the highway in the vicinity and this type of sign is used by businesses in this area. City Engineer: Each sandwich board sign has 9.5 square feet on each side (36"X38"). If both signs were used, 19 square feet would be visible from either side. Building.Official: No additional comments. RECOMMENDATIONS It appears that the requested variance would provide a common form of advertisement for the applicants' business. Because of the location, it does 0131 Comment Page 3 not appear that the signs would be obtrusive. The applicants intend to use the signs on an "as-needed basis." Recommend approval with the following requirements: 1. Signs be used only on an "as-needed" basis and must be removed when unnecessary. 2. Signs must be maintained. 3. No sign permit will be required for the additional signs. 4, Signs must be no larger than 16 square foot. ATTACHMENTS: 1. Resolution No. PZ01-31 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION N0. PZ01-31 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE A5 AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: NAME: Paul & Debbie Wilson ADDRESS: 5296 Kenai S ur Hi hwa Kenai Alaska LEGAL: Lot 17 Block 10 Valhalla Hei hts Subdivisifln #1 PARCEL N0: 04925013 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 far a variance has been submitted and received an June 25~. 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: KMC 14.20.220 -- Additional Si ns Conditional Use Permit • Oversize Sin Home Occu ation 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 ar zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances da not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non-conforming land uses or structures within the sale land use or zoning district. 5. That a duly advertised Public Hearing according to KMC 14.20.153 was conducted by the Commission an July 25, 2001. NOW, THEREFORE, BE iT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.1$0 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. {Subject to attached requirements. ) PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JULY 25, 2001 CHAIRPERS ATTEST: Resolution PZO1-31 Page 2 1. Signs be used only on an "as-needed" basis and must be removed when unnecessary. 2. Signs must be maintained. 3. No sign permit will be required for the additional signs. 4. Signs must be no larger than 16 square foot. a l _~ f CITY OF rr ~~ ~~~ 210 FtgAL00 AVE., 5~111'E 200 KENAI, AL! TELEPHONE 907 289-7li3S FAX 907-283~0f4 ~- rr ?JA -~- - ~/ DATE: (p-2J-~I APPL1CATiON FOR VARIANCE PERMIT NAME: ~ ul ~,~b~~ EJ~-)6~S(3Y~ PHONE: ~ 3S- 3 3 `~ MAILING ADDRESS:_S z ~ Lo Kea ~ ..5~ ~ ~ ~ STREET ADDRESS: ~ Q~Vv~ 2. LEGAL DESCRIPTION: ~Q ~ ~ aha,~~Q ~{~ , ~ ~ lo#- ~1 b~~cl~ C D KPB PARCEL NUMBER:.~.~„~,~~~ PROPERTY ZONING: I~ 1~ I AM REQU STING A VARIANCE FROM (State secti n f Kenai Municipal code}: n~. ) ~ . ~.o. ~.~~ C~1 f.~l ~~.~ ****, Section X4.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CON©ITIONS. ~. ~=~= Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. ~ A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. ~ You are required to post the property in question with a sign advising that the property is being considered for a variance. You must file an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this afFdavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • 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 not 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/or structure. • The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: Applicant's Sign e: f *,~,~** Reviewed approved by the Planning Commission on 'day of ,~, ~. moo ? Chairpers Attest: r/U~ wQu.~~ lc k~ ~ u~ ~o , ~'Q:I~,Gt~i ~i ,dd~s S 1ze ~~ « X 3~ ~, ~ ad ~~ f,Z ~ obi l~o~ ~e a.~i n ~~ lac(` ~,ec` CS . ~ ~~~~ Uc ~ es a~~ sP a GJI ~ GvL (~t/dzc ~G~ ll~C D ~ ~ S~~Q'/~i~~ ~~~ ~ ~,~ V~ ~ r ~( ~DY d rtiY ~ D~2C 0 ~ ~ rlJ'I ~Si~ Dull (~~ v r/bt-l, ~~ w ~_ ~ 3~# F w 1 .` _ CI ~ ~ - , r i.~ ~~ A, ~ ~ ID VflllYT L~nirF r `'~~w~ 1tr tit ,,., or r r, ~ ~1 , ~ ~ ~ r i ,+~,'~ : sy , r+1 i ~~ r:r,nnl I ~ ~ , ~I:t ~ ~• to • r} •r..,f~r,t • ~ •r k r ji ~lttl.`Y-L f ~~ `~ IB n rlxT ,~ D' N • rlrc O ~ ` i J6 ~ b L1 ..-.I ~.R i '^ lcavK! ~ ral A r 0 ~ X N M I!2' •' ` 1l.L o ~ . arltr. ' ~s 1121r2~ S W Oh 00 1 ~~•x• rowrll S(~N5 ' ~^__.,_~C~NAt_,.___, SPUR _ Hl(3HWAY AS-13UlL~' CfHI'I~tCI-fION 1 ep111r thy} i Harr lurtiered Ihr IYIIe.M~Ny .li pr^prrlrl _~17~14LU(;K JO _ NA4LA 11E1G11'15 51181!. H0. 1 k•t6:i7~ ~/1 •• •rtrooe-auntl u~•t Ireyl q IIf. Ilon Noll iM! 1lrHullitlrl or Ihr arNrr 1. Jrl•r.~lrl 1~ltlair it !.r rHrmr~l4lcrrlnpntlrrr ~11H! rklth Io A41 •pplar sn 111 raa0r//1 ~(<1i1 1111, Uallr ap plrlYlnllanc!! IfiOYId •• ~p A/rNa -1 rrrd trr eoxltr^1149n rr for IllMN 1lwf^rr or I•^p^ Ilau. CC>;Clid Fd. Olflerl nrnuwllll o pd.ll2" r/r.r p srt 5/I~rl-rr R M1r14 p :rplre +L.r l 1 Rrcord dtlYar t11t:C •11'NITFORp ~ AIidC1R7[><r rp. .oll rlTe ratlMwl, ar1U1 Ilc1! dlt.3!Z5/8g ~,~ !call 1~~ 4C dWOHl / ...... ,.\q gyi r RF~~~~~o ~3~ / 1 '~ Ju1y 2fl0~ To the p~.anning and Zoning committee: We have no objections to this request. t"so ~U~' .lt i 5 & M L. CITY 4F KENAI ~ b. ~ 2101=1DALG0 AVE., SUITE 200 KENAI, AE_ASKA 99811-7794 TELEPiiONE 907»283-7535 _ _ FAX 907-283-3014 IIII~~ 1992 June 27, 2001 CITY OF KENAI PLANNING AND ZONING COMMISSION PUBLIC HEARING NOTICE The following public hearings has been scheduled for the Planning and Zoning Commission meeting of July 25, 2001: PZO 1-32-An application for a Conditional Use Permit for a retail business for the property known as Lot 5, Block 1A, Valhalla Heights Subdivision Part 5 (4401 N. Dogwood Road), Kenai, Alaska. Application submitted by Raymond and Susan Carr, 4401 N. Dogwood Road, Kenai, Alaska. PZO1--33 An application for a Variance Permit for anoff-premise commercial advertising sign for the property known as Lot 35, Block 1, Valhalla Heights Subdivision, Part 2 (4105 N. Dogwood Road), Kenai., Alaska. Application submitted by Raymond and Susan Carr, 4401 N. Dogwood Road, 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. Far 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 REPORT To: Planning & Zoning Commission Date: June 25, 2001 Res: PZ01-32 GENERAL INFORMATION Applicant: Raymond & Susan Carr 283-7001 R & S Protection Services 4401 N. Dogwood Road Kenai, AK 9961 1 Requested Action: Conditional Use Permit - Retail Business Legal Description: L5, 131ock 1 A, Valhalla Heights Subdivision Part 5 Street Address: 4401 N. Dogwood Road KPB Parcel No.: 04932016 Existing Zoning: RR-Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS General Information: KMC 14.20.150 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood will not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use will not be harmful to the public safety, health or welfare; Q132 Comment Page 2 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building design, operation of the use and other similar aspects related to the proposed use. In June 1995, applicants were issued a Home Occupation Permit for fingerprinting, word processing, and desktop publishing. The applicants would like to expand the use to include retail sales of cutlery and accessories. A small glass display cabinet is located in the work roomishop area to display the knives. Applicant notes they no longer provide word processing/desktop publishing services. Applicants have provided a drawing showing the layout of their residence that denotes the area of the business as the work roomishop. This is an expansion of a home occupation that has been operating for 6 years. To date, the City has received no complaints of the operation. This is a low-key home business with limited hours of operation. Ci,r_Engineer: Nothing additional. Buildin Official: No additional comments. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-32 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-32 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Ra mond & Susan Carr dba R&S Protection Services USE Retail Business LOCATED 4404 N. Do wood Road -Lot 5 Block 1 A Valhalla Hei hts Subdivision Part 5 [Street AddresslLegal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04932016 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: June 25, 2001 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 wi!! 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: July 25, 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 RETAIL BUSINESS 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, JULY 25, 2001. CHAIRPERS ATTEST: Ur.~~. CITY OF ,~ ~~ ~ ~ ~ 210 FIpALGO AVE„ SUITE 200 KENAI, AV TELEPHONE 607.283-7835 FAX 607-2833014 CONDITIONAL USE PERMIT APPLICATION ~~~~ REcE~V Ep x+25?00 "~ o~ a,~r' M~Nr '~1~~. np Date: June 2 S , 2001 Applicant's Name: 12AYMOND & SUSAN CARR Phone: 907-2g3-7001 Business Name: R & S PROTECTION SERVICES Maiiing Address: _ 4401 N_ DOGWOOD RD. ~~FIVAT,.. AK 99611 ._, Street Address: _4401 N. DOGWOOD RD, , KENAI, AK 99611 _ (Where permit will be operated from.) Legal Description of Property: LOT 5 , BLOCK 1A, VALHALLA HEIGHTS SUBD. , _I~iVAT Kenai Peninsula Borough Pazcel No.: 04932016-1 City of Kenai Zoning: Provide a detailed description of the proposed use. if the space provided is not sufficient, attach a sheet to the application. Fine rintin services and retail safes of cutle and accessories, We no.lon er do Word Processin /Deskto Publishin as on inall stated in 'Home Occupation Permit' issued June 14, ].995 **~****~ The followin information must be rovided before our a lication will be considered for processing. Do not submit your.application until it contains all rewired information. {Check each boat that applies and attach the necessary information to this application.} ~ I am the legal owner of the property. ^ I am not the legal owner of the property; however, I have attached verification by the owner of the property that i have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must Shaw, at a minimum, the entrance, exit, and pazking spaces on the property. (For bed & breakfast applications, must show areas to be rented.} ^ I have paid the appropriate fee. ******** I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will nvt be harmful to the public safety, health or welfaze. ' I certify that the information provided is accurate to the best of my knowledge. Applicant: Date: ~k~x_~ _ ~5 Attachment: KMC 14.20.150 C:IWPDOCSIFORMSICONDITIONAL USE PERMIT Application.doc ~Qe S ~~~~~ ~~ ~EflR~~ i~ ~ ~ ~RT~ P~~"RY ~~a ,~. ~~-~G ~l ~'~ 6a-;, ~t ~iv,-~~ (~poM I ~~RooM f1 11- C~.oSET ~gr~+ ~, ~FF'G~" a W cv ~- ~c STAFF REPORT To: Planning & Zoning Commission Date: June 25, 2001 Res: PZ01-33 GENERAL INFORMATION Applicant: Raymond & Susan Carr 283-7001 R & S Protection Services 4404 N. Dogwood Road Kenai, AK 99fi11 Requested Action: Variance -- Off-Premise Sign Lega! Description: Lot 35, Block 1, Valhalla Heights Subdivision, Pt. 2 Street Address: 4105 N. Dogwood Road KPB Parcel No.: 04923012 Existing Zoning: RR-Rural Residential Current Land Use: Vacant 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. 0133 Convnent 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. Applicant has applied for a Conditional Use Permit (PZ01-331 to expand a Home Occupation Permit to allow for retail sales of cutlery and accessories (Icnivesl. To advertise this business, located off the Kenai Spur Highway, the applicant is requesting a variance for an off-premise sign. Offi-premise signs are not allowed under KMC 14.20.220; however, Section (a] i91 provides for relief from provisions of the sign code by a variance. Applicant has provided a letter from the property owner giving written permission to display a business advertising sign on this property. (Copy attached.l Directly across the street from this parcel is zoned general commercial and along this stretch of highway are several commercial signs. The sign, as proposed, would not be obtrusive; however, would allow applicants to advertise the location of their business. City Engineer: Nothing additional. Building Official: No additional comments. RECOMMENDATIONS Applicant is proposing a small, freestanding sign, (approximately 10 square feed, to advertise their business located off the main highway. Kenai Municipal Code does not allow off-premise signs; however, allows far the variance procedure to obtain relief. It appears that it may be reasonable to allow the sign to provide a means of advertising for the business. Recommend approval. A sign permit will be required. ATTACHMENTS: 1. Resolution No. PZ01-33 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ01-33 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: Ra mond & Susan Carr dba R & S Protection Services ADDRi=SS: 4105 N. Do woad Road LEGAL: Lot 35 Block 1 Valhalla Hei hts Subdivision Part 2 PARCEL N0: 04923012 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 25 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: KMC 14.20.220 b 3 M -Off Premise Commercial Advertisin Si n 4. a. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning district. b. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land andlor structure. e. The granting of the variance is not based upon other non-conforming land uses or structures wi#hin 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 Jul 25 2001. NOW, THEREFORE, BE IT RESOLVED, 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 THE CITY OF KENAI, ALASKA, JUNE 251 2001 CHAIRPERSO ATTEST: ~ /~ R~c~~ ~~~D CITY OF K N ~~s ~~ ~ 2~o FroatQO avE„ sum xao Ke7+uu, atas~u ~~ ~~'°~ TAI TEtEPHQNE 907'-283.753 MFj~. FA7(947-Z83r~0i4 '~~1~. DATE: JUNE 25 , 2001 APPLICATION FOR VARIANCE PERMIT NAME: RAYMOND & SUSAN CARR PHONE: 907--283-7001 MAILING ADDRESS: 4401 N. DOGWOOD RD. I~1VAI AK 996I1 ~~uS" STREET ADDRESS: N. DOGWOOD RD. KF~'~TAT, AK 99611 LEGAL DESCRIPTION: SIGN LOT 35 BLOCK I PART 2 VAT, T.T,A_ HEIGHTS SU$D. , KFNAT KPB PARCEL NUMBER: (SIGN) 04923012 PROPERTY ZONING: - ' I AM REQUESTING A VARIANCE FROM {State section of Kenai Municipal Code): #,~*** Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance Permits which is the relaxation of the Development Requirements Table to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THE5E CONDITIONS. 1. ~~, Provide a site plan of the property including location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. 2. (~ A Public Notification and hearing is required before the issuance of this permit. A $105.00 non-refundable depositladvertising fee is required to cover these notification costs. (Please see attached procedure sheet.) 3. ~ You are required to post the property in question with a sign advising #hat the property is being considered for a variance. You must frle an Affidavit of Posting with this office two weeks prior to the scheduled public hearing. If this affidavit is not filed, the hearing will not be scheduled. To approve the requested variance, the Commission shall es#ablish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: • Special conditions or circumstances are presen# which are peculiar to the farad 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 condi#ions and circumstances do not merely constitute a pecuniary hardship or inconvenience. • 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. • The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. • The granting of a variance shall not be based upan other non-conforming land uses or structures within the same land use or zoning district. ADDITIONAL COMMENTS: We are re uestin ermission from the Cit Of Kenai to erect a si on the above listed ro ert for advertisin /direction to oor small home-based business. Applicant's Signature: **~**#* Reviewed approved by the Planning Commission on ~ day of ~-v~ ~ Chairpers n Attest: -___ _ . _ . _. ,. ~...~~."~ ~ .. ,.. ,.,., 1°+c.JOO.J1rJ00 r. Gl~VJl June 19, 240 t Attu: Susan Carr R&S PROTECTION SER'VICI:S Kenai, Alaska Re: Kenai Property Parcel # 049230 i 2 To Whore it Iviay Caneern: Please be advised that I 1~ave recently spoken to Susan and give her both my verbal and written permission to display a lausiness advertising sign on my property, providing it meets wig the City of Kenai approval board in so far as sizE and taste is involved. Very truly yours, C~~i x s er 17114 NE 2"d plane Betievuc, WA 9800$ 425!747-7853 TOTRL P.~1 =-~-C 11 1 FT i 4 1 112" FLAT BAR BRACE V 1 N D 0 G S FT. 0 D ~, _. ~„ GROUND ~ ~ LEV EL CUSTOM•HUNTING~ POCKET•FISHING v~ w 0 L ~ . V .. ~_ r~~~/~ vJ ~,~~ . ,SQ~~ .c_t~1P -< w _~ D ~1S N?~la-I CITY QF KENAI ~ ~-- ~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ FAX 907-283-3014 '~1I1~ 199 July 11, 2001 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 Juiy 25, 2001: PZO1-34-An application for a Conditional Use Permit for a day care for the property described as Lot 8, 9, Z 0, Block 4 of East Addition Townsite of Kenai (511 South Willow, Apartment 9}, Kenai, Alaska. Application submitted by Anita Rodriques, 511 S. Willow Street, Apartment 9, 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 REPORT To: Planning & Zoning Commission Date: 7117101 Res: PZ01-34 GENERAL INFORMATION Applicant: Anita Rodriguez 283-2609 51 1 S. Willow Street, Apartment #9 Kenai, AK 9961 1 Requested Action: Conditional Use Permit - Day Care Legal Description: Lot 8, 9, 10, Block 4 -- East Addition Townsite of Kenai Street Address: 511 S. Willow Street KPB Parcel No.: 0471 1405 Existing Zoning: CC-Central Commercial Current Land Use: Apartment Land Use Pian: General Commercial ANALYSIS General Information: KMC 14.20.154 details the intent and application process for conditional uses. The code also specifies the review criteria that must be satisfied prior to issuing the permit. The criteria are: 1. The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district; 2. The value of the adjoining property and neighborhood wilt not be significantly impaired; 3. The proposed use is in harmony with the Comprehensive Plan; 4. Public services and facilities are adequate to serve the proposed use; 5. The proposed use wil! not be harmful to the public safety, health or welfare; 6. Any and all specific conditions deemed necessary by the commission to fulfill the above-mentioned conditions should be met by the applicant. These may include, but are not limited to measures relative to access, screening, site development, building 6134 Comment Fage 2 design, operation of the use and other similar aspects related to the proposed use. Ms. Rodriguez is caring for one, nine-month old child part-time in her home. She is working with the State Day Care Program. Through this program, she was required to submit to a fire inspection. When I received a copy of the inspection, Ms. Rodriguez was notified that the city required a permit far home day cares. It appeared that this day care should qualify for a home occupation. However, upon review of KMC 14.20.230, it was discovered that home occupations are permitted accessory uses in residential zones. The apartment complex that the applicant lives in is located in an area zoned Central Commercial. The Land Use Table lists Day Cars Centers as conditional in all zones. If the apartment were located in a residential zone, Ms. Rodriguez would not have been required to apply for a Conditional Use Permit. The applicant has received written permission of the property owner to apply for a day care. The owner places a stipulation on the permission that the applicant only is allowed to care for one child in addition to her own three children. The Fire Marshall conducted a Fire Safety Inspection on April 9t~ and no deficiencies were noted. City Engineer: None. Building Official: None. RECOMMENDATIONS Recommend approval. Limit day care to one child in addition to the applicant's children. ATTACHMENTS: 1. Resolution No. PZ01-34 2. Application CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ01-34 CONDITIONAL USE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: ANITA RODRIGUEZ USE HOME DAY CARE LOCATED 511 S. WILLOW STREET APARTMENT 9 SStreet AddresslLegal Description} KENAI PENINSULA BOROUGH PARCEL N0: 04711405 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.150 has been submitted and received on: June 25, 2001 _ _ 2. This request is on land zoned: CC-Central Commercial 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• Limit day care to one child in addition to applicants children. b. 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on:_July 25, 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 DAY CARE 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, July 25, 200'i . CHAIRPER ATTEST: b1 ~~ CITY OF KE .~c~,~ ~ D ~~?oar / ri ~~ ~~ O~, yQ ~iyh,1~ FF 210 FIDALGO AYE., SUITE 286 KENAI, ALASKA 9981 i-7789 ~ TELEPHONE 987.283-7635 PAX DO7-2833014 CONDITIONAL USE PERMIT APPLICATION fI Date: ~ - l~`a 1 Applicant's Name: J'1 ` !~ Phone: Business Name: (~ IJ~ _. Mailing Address: S , Lt~ i -~/ Street Address: ~ ~ / S ~ ~r' (Where permit will be operated fram.) Legal Description of Property: ^ - - -~ - r Kenai Peninsula Borough Pazcel No.: ~ ~I l f y[~r~ ... City of Kenai Zoning: CCJ!'] ~rG~.~ ~/~~ ~} p rr~d Provide a detailed description of the proposed use. if the space provided is not sufficient, attach a sheet to the application. c~ `~ 5 ~~ ~ ~.L rrC--~ ~ ~- *****~** The followin information must be rovided before our a lication will be considered for rocessin . Do not submit our a lication until it contains all re aired information. (Check each box that applies and attach the necessary information to this application.} ^ I am the legal owner of the property. I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. ^ Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected properly. PIans must show, at a minimum, the entrance, exit, and pazking spaces on the property. {For bed & breakfast applications, must show azeas to be rented.) ^ I have paid the appropriate fee. I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. [~ The value of the adjoining property and neighborhood will not be significantly impaired. [t]' ~ The proposed use is in harmony with the Comprehensive Plan Public services and facilities aze adequate to serve the proposed use. [~ The proposed use will not be harmful to the public safety, health or welfare. I certify that the informa#ion provided is accurate to the best of my knowledge. Applicant: Date: Attachment: KMC 14.20.150 C:IWPDOC5IFORMSICONDITIONAL USE PERMIT Application.doc ~.,.,. ++. «~+ au. ti~ ~urco3q~ra M1Kt :~ AF'F'L. REPAIR PAGE 01 JUN-21-O1 TIiII 1 l , 50 RM ItENRI PENI~kSULH coLLEGE FAIL No, so?2s~928n P, 02 Kenai Penins~x~a ~a~~ege 34820 College brlve 5oldatna. Alaska 99669-9798 t907y 262.0300 _ ~ University of Alaska Anchorage at-nc 21, 2UU1 City of YCcrral 214 Fidalgo Ave,, Sirito 200 Kenai, AIC ~9G 11 nttn: Marilyn Kebsslrull 1 give pern~ission for Anita Rodri~t~wz to ripply fcsr a Conditional Use Ycnnit #o Itavs a daycare iu her ap~ut~x~ent ut #l~e Seat icw Manor ~'lpartnrents located at 511 S. Willow StrCCt in I~cn~i, I do stipulntc #lrat sU~ Duly wa~Ct+ one child, lscsides leer own 3 c~iildren, l verify drat 7 ails tine owner of the above tirartrcd apart~uents, ~~~ M i1,c SGlntan Phone: 283-202Q or z 83 -4970 ~~B ::' ~''. ::: ~~ STAFF REPORT To: Planning & Zoning Commission Date: July 12, 2001 GENERAL INFORMATION Applicant: Julie Kim Luoma 283-3890 1 107 4th Avenue Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -Day Care Lot 1, McCann Subdivision 1 107 4th Avenue 04309026 RS-Suburban Residential Residential Medium Density Residential Prepared By: Imk Res: PZ01-37 General Information: KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Day care is specifically listed as a permissible home occupation. Code limits the day care to no more than eight children under the age of 12, including children related to the caregiver. Applicant has provided the required site plan and has submitted to a Fire and Life Safety Inspection by the Fire Marshall. Based on information submitted, it appears the applicant meets the requirements for a hams occupation. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ01-37 2. Application 3. Drawing CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ01-37 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: LOVE AND CARE DAY CARE (Type of Permit} OPERATED BY: JULIE KIM LUOMA LOCATED: 1107 4T" Avenue -Lot 1 McCann Subdivision {Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04309026 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Sec.14.20.230, has been submitted and received on Jul 10 2001 2. That the application has been reviewed by the Commission at their meeting of Ju! 25 2001 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 - ,duly 2001. Chairm ATTEST: HOME OCCUPATION PERMIT APPLICATION DATE: ~ ~ ) ~ ~ G 1 NAME: ti , PHONE: MAILING ADDRESS: ~ PHYSICAL ADDRESS: ~ ~ LEGAL DESCRIPTION: ~ C PARCEL NUMBER: i-I ~ ~i ®~, ZONING: DESCRIPTION OF OCCUPATION: ~ C_ ~,~„r ,~, ~w „~, ~.~ }~~ 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: • Nat 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 lan showin s ware foots e of all structures on the lot includin the residence and an accesso structures. In addition show arkin areas and traffic atterns. Clearl mark the area to be used for the home occu ation. • 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. Applicant's Signature: w.. ate: ~ ~ ~ ~ "" d ~******* Application reviewed and approved by: lan ing & Zoning O facia Date: '7 (} Approved by the Planning & Zoning Commission: Date: ~ Building Sketch ~erlClient Luoma v Address 1167 4th A~er~ue Kenai County KPB S_t_ate AK ZiR Code 9961 Rura[ Development 32.00' KT LV 26.50` ~.~ ~ ~ DNA off . ~c {cf~ s 4 .50' 1~ 11.00' 26. GAR ~ BR C 6.00' 16.50' ~~~1 ~-oe4;~ e 23.50' 30.50' 24.50' 4.50' m N Z Z a o o U U T ~ M ~ ~ ~ W ~ (Y v Y ~a ~z u w ~'_ ~w °a ~ ~ ~ ~ ~ Er QTY ~ Q N ~ Yr ~`~ CO ~~"~ ~ ° a~ ' o0 ~ c0 ~ a~. °'~z~ a ~az~ ~~ ~'J a~Yrn ~~Y~ Y ~ r .a z w W N ~ Z 5oE ~~~ NIS Y O o ^ ~~ `: `-~ ~ ~ ~~~~; = ~ .~ N~ds`b~ £4E I'~hLE 60E a I `JJ ~ •.• ^ ~n d"' ¢ m ~, ~, ._ sLE (ALE o~E dos fee _._ Z d ~ ry~ o N ~N sanN~ ~ ~' n d ~ a W V • ~ ~ N r ~ o a ~- ~ ~ ~;, m c m m E L Q~ .~ 0 N -~ C m .~ a 0 0 000 O p Gs ~dQ ~o~~ HMM! °~°m,m +N^N~ W M il! 000 voo NNH dac ~ LL LL ~ 'f ~ N ~ ` m ` /~~ S a m a o00 L J ~ a~ ~ Cn ~_ U '-' CO ~ 0 os O O a 0 ~~~ O W N n ~ h m ~ W ~ o O O m U . ~ ~!. tinm .~ m mm ~ STAFF REPORT To: Planning & Zoning Commission Date: July 12, 2001 Res: PZ01-38 [PZ96-35} GENERAL INFORMATION Applicant: Ronald H. Chenault (283-7800} 204 N. Gill Street Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Transfer of Conditional Use Permit Tract A, Bridge Road Subdivision 514 Van Antwerp Avenue 04901309 IH-Heavy Industrial Undeveloped General Industry Mr. Chenault has purchased the paint ball business from the previous owner. As required by KMC 14.20.158, a written request for transfer of the Conditional use Permit has been submitted. Mr, Chenault notes in his request that he, "accepts the conditions for use of the property as a paintball playing field." For historical purposes, this permit was issued in 1996. There were concerns noted by adjoining property owners regarding the increased traffic and dust, on-site parking, opening the area to cannery workers and maintaining the activity on the site. At the time the initial permit was approved, the Commission required that on-site parking be provided and that the permit be reviewed in one year. During the first year, there were no complain#s regarding the activity. Shortly thereafter, an adjoining property owner contacted the City to advise she was finding paint balls on her property. A letter was sent to the operator advising the activity must be contained on the property. No further 013 8 Comment Page 2 complaints were received until March of 2001. At that time, it was noted that snow was being plowed on the adjoining property and a junk vehicle had been left there. A letter was sent to the operator again advising that the activity must be maintained on their property. At the same time, Kenai Police Department had been contacted with this same complaint. Officer Whannel determined that the paint ball business had been sold to Mr. Chenault. In May, Mr. Chenault was contacted. He did not know the business was being operated under a Conditional Use Permit. He had purchased the business and was leasing the property. A meeting was scheduled with Mr. Chenault to discuss the transfer process and the complaints the city had received in the past. Mr. Chenault assured he could maintain the activity to the site, would mark on-site parking and would follow through with the transfer. Mr. Chenault advised that he works out of town and operates the fields when he is in town. He believes that there may be activities taking place when he is not there, basically trespassing. He stated he would mark the property with no trespassing signs. Cify Engineer: Nothing additional. Bui_Iding Official: No comment. RECOMMENDATIONS It appears that the transfer request meets the code requirements. Recommend approval of the transfer. ATTACHMENTS: 1. Resolution No. PZ01-38 2. Application E:1WpdocslPZ2U611Comments and Res1Q138 Comment.doc CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ04-38 (PZ96-35y TRANSFER OF CONDITIONAL USE PERMIT PAINT BALL PLAYING FIELD A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE TRANSFER OF A CONDITIONAL USE PERMIT FOR A PAINT BALL PLAYING Ff ELD AS AUTHORIZED BY 14.20.158 OF THE KENAI ZONING CODE, FROM: 13ARRETT K. NICKEL AND JOSHUA CORAY TO RONALD H. CHENAULT FOR THE PROPERTY KNOWN AS TRACT A BRIDGE ROAD SUBDIVISION - 514 VAN ANTWERP AVENUE WHEREAS, the Commission finds: 1, That a Conditional Use Permit was granted to Barrett K. Nicks! and Joshua Coray on May 8, 1996. 2. That KMC 14.20.158 requires #hat a written request for transfer be submitted. 3. That Ronald H. Chenauit submitted a request for transfer on June 28, 2001. 4. That the transfer requires that the permit continue operation under conditions originally outlined. NOW, THEREFORE, BE 1T RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONAL USE PERMIT FOR BARRETT K. NICKEL AND JOSHUA CORAY FOR A PAINT BALL PLAYING FIELD BE TRANSFERRED TO RONALD H. CHENAULT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAf, ALASKA, JULY 25, 2007. U ~ _.JL CITY OF KENAI 210 FIDALtiO AYE., SUITE 200 KENAI, ALASKA 88611.7784 TELEPHONE 907-28&7535 FAX 9DT ~833D14 11 1n+: CONDITIONAL USE PERMIT APPLICATION Date: (.~, - ~1L`~--0~ Applicant's Name: ~; ~ ~~~__~~,~~~,~- Fhone: Business Name: Mailing Address: ~ !~ . ~ ,' 1 S~"f ~ ~-~ Street Address: ~ 1 ~ Y DN'~ Y~'1-~-~vC~' {Where permit will be operated from.) Legal Description of Property: ,~ ~- ~ I~Ucx, C1 n r1 C` Kenai Peninsula Borough Parcel No.: ~ (~ ~ ~ _~ City of Kenai Zoning: ~-~- Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. _~ ***~***~ The follawin~ information must be provided before your application will be considered for processing. Do not submit.your application until it contains all required information. (Check each box that applies and attach the necessary information to this application.) I am the legal owner of the property. [] I am not the legal owner of the property; however, I have attached verification by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached are dimensioned plot plans showing the location of all existing and proposed buildings or alteration on the affected property. Plans must show, at a minimum, the entrance, exit, and pazking spaces on the property. {For bed & breakfast applications, must show azeas to be rented.) [] 1 have paid the appropriate fee. ****~~*~ I have reviewed Kenai Municipal Code 14.20.150, Conditional Use Permits, and believe that the requested permit satisfies the requirements of this section of the code. Specifically, the following requirements have been satisfied: The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not be significantly impaired. The proposed use is in harmony with the Comprehensive Plan. Public services and facilities are adequate to serve the proposed use. The proposed use will not be harmful to the public safety, health or welfare. I certify that the information provided is accurate to the best of my knowledge. A Iicant: ~'ti-- , PP Date: C~ Attachment: KMC 14.20.150 C:IWPDOCSIFORMSICONDIT[ONAL USE PERMIT Application.doc 2 ~ LLi ~~ t r ~ - --^- } f c~~~ ~~-~ ass ~~,~ ~se~ of -+-h~ ~'~~,p~~ . '~ N Q L ~/~ A