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HomeMy WebLinkAbout2002-07-24 Planning & Zoning PacketCOMMISSION CHAIR REPORT July 24, 2002 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD AT: 12'~Cra~tg appeal letter dated 7/24/02 STAFF CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 24, 2002 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Cal! 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: a. *July 10, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ02-35 (Revised} - Stecella Subdivision (A subdivision of Government Lot 178) b. PZ02-47 -- FBO Subdivision GLM Addition 5. PUBLIC HEARINGS: G. OLD BUSINESS: 7. NEW BUSINESS: a. *PZ02-41-Home Occupation (Day Care) for the property known as 408 Birch Street (Lot i, WaterIund Too Subdivision}, Kenai, Alaska. Application submitted by Marie Baty, 40$ Birch Street, Kenai, AK 99611. b. *PZ02-42-Home Occupation (Day Care) for the property known as 603 B Peninsula Avenue, Apartment #3 (Lot 2, Block 6, Tyson Subdivision), Kenai, Alaska. Application submitted by Alice Lambert, P.O. Box 1756, Kenai, Alaska. 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration Planning & Zoning Commission Page 2 Agenda July 24, 2002 11. PERSON5 PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Memo to Commission regarding PZ02-40 Resolution recommending amendment to the Recreational Zane 13. COMMISSION COMMENTS & QUESTIONS: 14. AD.IOURNMENT: COMMISSION CHAIR REPORT July 24, 2002 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE AGENDA BY: ADD AT: 12l~Craig appeal letter dated 7/24/02 5TAFF ~~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS July 10, 2002 - 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: a. *June 26, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ02-37-An application for an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision (506 Japonski Drive), Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. b. PZ02-39-An application for a variance from the Development Requirements for afive- foot front setback variance and variance from lot coverage for the property described as Lot 1, Black 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive}, Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. c. PZ02-40-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the recreation zone be changed by amending KMC 14.20.145 {Recreation Zone), 14.24.010 {Developments Requirements Table) and 14.22.010 (Land Use Table) 1) to allow lodges and bunkhouses as principal permitted uses; 2) to not allow four or more family dwellings as either principal permitted or conditional use; 3) allowing retail businesses as a secondary use in certain cases; and 4) changing minimum lot requirements. 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: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -June 25, 2002 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: CITY OF KENAI PLANNING & 20NING COMMISSION CITY COUNCIL CHAMBERS JULY 10, 2002 - 7:00 P.M. CHAIRMAN RON GOECKE, PRESIDING ITEM 1: CALL TO ORDER Chairman Goecke called the meeting to order at 7:00 p.m. 1-a. Roll Call The roll was confirmed as follows: Commissioners Present: Bryson, Goecke, Glick, Nord, Tunseth, Osborne Others Present: Councilman Bannock, City Planner Kebschull, Department Assistant Harris 1-b. Agenda Approval The following items were requested to be added to the agenda: ADD AT: 6-a, Reconsideration of PZ02-36-An application to amend Conditional Use Permit PZ99-O1 to include outdoor recreational activities for the property known as 9775 Kenai Spur Highway (That portion of the W 1/~ SW 1/2 SE 1/4 lying S of the Kenai Spur Road ROW excluding leased portion per agreement 559 @796), Kenai, Alaska, This is the site of the City of Kenai's Multipurpose Facility. Application submitted by the City of Kenai, 210 Fidalgo Avenue, Suite 200, Kenai, Alaska. ADD AT: 12-b, Planning and Zoning Commission Resignation of Donald R. Erwin. MOTION: Commissioner Glick MOVED to approve the agenda with the listed additions and requested UNANIMOUS CONSENT. Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Bryson MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- June 26, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT --None ITEM 4: CONSIDERATION OF PLATS -- None ITEM 5: PUBLIC HEARINGS MOTION: 5-a. PZ02-37--An application for an encroachment permit for side setbacks for the property described as Lot 3, James Subdivision (506 Japonski Drive, Kenai, Alaska. Application submitted by Paul and Teresa Quade, 409 McCollum Drive, Kenai, Alaska. MOTION: Commissioner Bryson MOVED to approve PZ02-37 and Commissioner Tunseth SECONDED the motion. The item was opened for public comment. VOTE: Tunseth Yes B son Yes Nord Yes Osborne Yes Glick Yes Goecke Yes MOTION PASSED UANIMOUSLY. 5-b. PZ02-39-An application for a variance from the Development Requirements for alive-foot front setback variance and variance from lot coverage for the property described as Lot 1, Block 5, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-39 and Commissioner Nord SECONDED the motion. The item was opened to public hearing. Verbatim: PLANNING 8v ZONING COMMISSION MEETING JULY 10, 2002 PAGE 2 Nelson Amen 1508 To on Wa Good afternoon. My name is Nelson Amen. I reside at 150$ Toyon here in Kenai. 283-6085. I just wanted to comment on this request for the variance by my neighbor about three houses down the corner. My comments today mirror the ones I gave to this same body a few weeks back, I considered that the location of the driveway is not very safe as far as the approach into the Toyon Way Street from Forest.. That right hand turn is more than 90 degrees. Both my wife and I support the recommendation that this variance be denied, which is right here in front of me with the letter that we received. I'm not sure what else I should be stating today on this other than I believe the use of that particular lat is already above and beyond what should be reasonable for the neighborhood as far as number of occupants, the traffic, the parking, the area required to accept that many individuals in one spot, no snow removal area. You've read the same reasons I have so I don't need to repeat them. But I do know that time and time again, myself, my wife, and the neighbors I have talked to, both across the street neighbor and the one across the street next to them, asked me to be here and basically say that they don't agree with the way the driveway is placed or would be placed near that corner stop sign making that right hand turn you're, you have a blind spot due to the brush and the vegetation on the immediate, across the street lot from this variance request and you flat can't see, you wouldn't be able to see anybody coming out of that driveway before you got on top of them. So, my viewpoint, what's happened at that lot is, enough is enough. He kind of went ahead and, they asked for forgiveness for the other variance a couple of weeks ago as far as a residence on top of the garage, I'rn a good neighbor I'm kind of game for that, I'm not going to ask someone to tear down a house they already have. But on the other hand, the reasons we do have these restrictions in the neighborhood is because that's one of the reasons I bought in that neighborhood, is to have these codes in place. Sa, I requestfully ask that this request be denied and that we no longer have additional construction on that particular piece of property in our neighborhood. Thank you for you time. Goecke: Anyone else wishing to speak to this item? DeWa a Crai 40fi South Forest: I just wanted to go through some of the reasons, talk to you from my point of view as some of the reasons brought up against denying this permit. On the sheet of paper I gave you, there is a large amount of space that is taken up in right-of-ways because it goes on two streets. Also, the green and the brown area are landscaped areas. 20 years ago when I pushed up the dirt and reinforced the banks with rubber tires, to stabilize it, and I planted that area in grass and it's been maintained and mowed and fertilized for 20 years. It's a very nice piece of grass area there. Those spruce trees are, about 25 of them, which I planted where that bench is; I planted the spruce trees there. I don't have any idea where they came up with, where the staff carne up with the seventh residence, It's caused problems for me; people have asked me about having another apartment there. Nothing was ever said by me about a seventh residence, it's going to be used for storage, garage, and a PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 3 living space. I want to talk for a minute about the driveway. They're using a highway manual, local roadways, in chapter 18.10 of the regulations for the City of Kenai talks about cut curves and driveways, that's the only thing the City has that's on the regulations. The highway code of use of local highways, use the local highways and take the residential part, local roadways, it gives you twelve meters which is approximately 39 feet, from the curb, from the curb of the driveway. My driveway would be approximately 43 feet from the intersection. Just down the road at 402 S. Forest and Stellar Drive they have a driveway that is 41 feet from the corner. That's one block dawn, exactly the same setup. It's in the Southwest corner. I checked with the police.. , if the policeman were down there... the city police, they said they've had no accidents in five years and there are two families that use that driveway. The one that I'm proposing, there would only be one family using that driveway. Twice in 20 years I have actually seen somebody slide across the driveway trying to make that corner onto Toyon, sliding across, coming up from the bluff into my property a little bit. I could see the tracks in the snow. Ike only seen that twice in twenty years. I've been parking my truck in there and I've found it's very easy to back out, of course trucks are a little harder than cars there, but I can see very well anything that's coming and when cars are stopped or slowing down to stop, it's much easier to back aut into the street than it is, or drive out and drive back into my driveway, to drive out when than when they're going 25, 30, 35 mph. Also, that area only has about 20 houses that come down and use Forest Drive. It's a very, you know, it's pretty limited to the amount of traffic that comes down there. Just real quick on snow removal. For 20 years I've been pushing it out onto the street, I'rn about 75 yards from the place where the City pushed it to the end and pushes it around the corner, so I push mine out into the street and I push it around the corner just the City does, so I pile it up. I've never had any complaints from the City, nobody ever said anything about my snow removal far 20 years because I store it in the same place that the City stares theirs, down there by the brick wall. The other thing too, they said in here about me, putting in that one foot from the west boundary, there is one of those large electrical boxes extends 12 feet into my property so I can't get over much farther than I am now with my driveway. The only other thing. The garbage can was another thing they mentioned. I'm about, a little less than three feet from the curb, but I have landscaping all around my garbage can. I have lilacs on one side and potentilla on the other and then same variegated dogwood behind it. It's in a landscaped area; there is no way anyone is going to traverses through that area. It's off the sidewalk. I'm went over and talked to John Parker about it because he told me where to look in the code and at 907 Highland Avenue, they have 18 inches from the sidewalk, at 9I0 they're two feet from the sidewalk, and then just around the corner on Upland 405 there is no sidewalk, but they're 6 feet from the street, 4 feet $ inches from the curb so I don't see why my garbage can is causing a problem. Can I ask how much time I have? Goecke: You're out of time. Thanks. PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 4 Craig: There was another point I wanted to cover but it's going to take a minute or two, Thank you. Goecke: Anybody else wishing to speak to this item at this time? At this time I will close the public hearing portion of this and bring it back and ask staff if there is anything additional. Kebsehull: Nothing additional, but I~1 answer any questions you might have about the staff report and about Mr. Craig's home, Goecke: Ok. Thank you. Bring it back to the Commissioners, anybody have any... Mrs. Nord, Nord: Mr. Craig had mentioned that it was not to be a residence above the garage, but he did state it was going to be living area so I'm just curious on what he meant by living area. Craig: Right now we have one small bedroom, and then well have a living room, we changed the garage into a living room and kitchen area. I'm going to put storage, bedroom, bathroom over there. Just general living area. So I have a guest bedroom, I want to have a place to lift weights, then I want, I'd like to have a shop too. When you get over 60 it's nice to be able to putt around a little bit. Goecke: Anyone else? Mr. Bryson. Bryson: I have one question for staff. Mr. Chairman, does the city have any restrictions as far as developing access from bath sides of a corner lot? Kebsehull: Not that I'rn aware of. Basically, they're looked at individually and they require excavation permits and look at safety issues. Bryson: Ok. Thank you. Goecke; Anybody else? Ok. Harris: (Began taking roll call vote) Bryson: That was if we had questions for staff, right? Goecke: Right. I'm sorry. Sorry about that. Mr. Bryson. Bryson: A variation of this same issue came before us at the last meeting in the nature of an encroachment permit, something done in advance of approval. I PLANNING 8v ZONING COMMISSION MEETING JULY 10, 2002 PAGE 5 supported that encroachment permit and I made an amendment at that time that specifically would not have addressed this issue. The applicant concurred that that didn't effect what he was proposing and two weeks later we see it as a proposal to approve it. I guess that I, it takes some degree of umbrage to do that. I would not have voted to approve the encroachment during our last action if this had been made public. The applicant stated, when specifically asked that he understood what the motion was. I consider the proposal intrusive to the neighborhood and it deviates from other existing development in the area. There are issues of encroachments, variance, area coverage, and,..I~l leave it at that. Thank you. Goecke: Mr. Tunseth. Tunseth: I agree that, I have some problems with some of the issues involving snow removal where it's being deposited, the amount of parking that's currently available for the people that now reside there. It looks to me like growing pains and I would probably vote to denying the application, Goecke: Anybody else? Mr. Osborne. Osborne: Mr. Chairman, I also drove by there this evening on the way here, it looks like it's well developed now and any more would just be pushing the envelope on how much development you can put on one lot. So I~1 be voting no on this. Goecke: Mrs. Nord Nord: Mr. Chairman thank you. I'm going to go ahead and follow staff's recommendations on denying this based on (inaudible). Goecke: Mr. Glick. Glick: Weil I can't see that us denying this is going to cause him a hardship because there's quite a bit of development already. So I can't vote for this either. Goecke: Ok. Call for question. VOTE• Glick No Tunseth No Osborne No B son No Nord No Goecke No MOTION FAILED UNANIMOUSLY. PLANNING 8~ ZONING COMMISSION MEETING JULY 10, 2002 PAGE 6 Goecke noted, anyone wishing to appeal the decision could do so to the City Clerk within I S days of the action. 5-b. PZ02-40-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the recreation zone be changed by amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Developments Requirements Table) and 14.22.010 (Land Use Table) 1) to allow lodges and bunkhouses as principal permitted uses; 2) to not allow four or more family dwellings as either principal permitted or conditional use; 3) allowing retail businesses as a secondary use in certain cases; and 4) changing minimum lot requirements. MOTION: Commissioner Glick MOVED to approve PZ02-40 and Commissioner Tunseth SECONDED the motion. Goecke: Seeing no one, we will now close the public hearing portion of PZ02-40 and bring it back and ask staff if they have anything additional. Kebschull: Nothing additional, just to remind the commission that this amendment, or amendments to the code is the result of the Gornmission's requests to amend the recreation zone. I believe we've covered all the areas we were concerned with. Goecke: Ok. Thank you. Bring it to the commissioners, if anybody has questions or comments on this item. Mr. Bryson. Bryson: One question. Is the staff recommending approval of this? Kebschull: Yes we are. Goecke: Ok. Anybody else? Ok. VOTE: B son Yes Nord Yes Osborne Yes Tunseth Yes Glick Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 6: OLD BUSINESS PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 7 6-a. Reconsideration of PZ02-36 -- An application to amend Conditional Use Permit PZ99-01 to include outdoor recreational activities for the property known as 9775 Kenai Spur Highway (That portion of the W 1/a SW '/2 lying S of the Kenai Spur Road ROW excluding lease portion per agreement 559 @ 796), Kenai, Alaska. This is the site of the City of Kenai's Multipurpose Facility. Application submitted by the City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. MOTION: Commissioner Glick MOVED to request reconsideration of PZ02-36 and Commissioner Bryson SECONDED the motion. VOTE TO RECONSIDER: Nord Yes Osborne Yes Tunseth Yes Glick Yes B son Yes Goecke Yes MOTION TO RECONSIDER PASSED UNANIMOUSLY. MOTION TO AMEND: Commissioner Glick MOVED to amend the motion to exclude the skateboard facility from the motion. Commissioner Osborne SECONDED the motion. Verbatim begins: Bryson; What I heard in that motion was skateboards could be used there on an individual use. But the overall facility would presumably be relocated. Goecke: That's my understanding. If we were going to outlaw them we'd be in a world of hurt because they're all over town, Glick: The reason I brought this back is talking to the City Manager, they're going to move this skateboard facility. They're working on a memorandum of agreement with the Borough School District at the moment to move it out to the front of the high school where the old tennis courts use to be, where the bonfire is there. And as soon as that memorandum of agreement is completed then they~l make the move. SO, that should happen in the next week or so. According to the City Manger. So, I have no heartburn with outdoor activities taking place there, once the skateboard facility is moved. PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 8 Goecke: Anybody else? VOTE: Osborne Yes Tunseth Yes Glick Yes B son Yes Nord Yes Goecke Yes MOTION TO AMEND PASSED UNANIMOUSLY. Goecke opened the item for public comment. Nelson Amen: Good afternoon, my name is Nelson Amen I reside here in Kenai at 1508 Toyon. Being caught unaware by this proposal I'd be more than happy to comment it. I think the skate park equipment as it is now and trick bike equipment is a great activity for the kids. My son likes it, in fact, I'm probably the oldest card holding member from when it was over there at the other location, but, I also believe it's an accident waiting to happen and so, i think any method we can take to further, not enforce, but further stress the fact that the usage of that facility should be as safe as possible. I hate to say we're just going to move it and then move the problem with it. I did miss the last comments at the last meeting, unfortunately, so I'm sure what was discussed. I would like to see, I guess, it visible, which is a good idea to move it out there in front. But, also, some sort of helmet restriction where you have to use helmets if you use the place. A lot of sharp edges a lot of fun ramps and jumping devices but I would hate to have a somebody who's an adult be injured on that device because of some common sense issues...they're not smart enough to put a helmet on, I'm not sure which direction you're going with this, I just wanted to say that moving it is probably a good idea than where it is now...it's really not acceptable in my view paint either, I think it's a good idea to go ahead and move it somewhere else, but lets not just move the problem maybe take some additional steps as far as, how is a good question, but as far as enforcing some sort of safety measure. Right now it's a mixture of skateboarders, inline skaters and bicycle riders and sort of mixing it up and doing their best not to hit each other and I think we can do better than that. I'd be the first one to vote to remove the device, but unfortunately take away a play toy for my children, rather than have somebody get hurt. Thank you. Goecke: Anybody else? Mr. Bryson. Bryson: Yes, I support the motion, I just wanted to bring it into context that is, you're aware the issue refocused to skateboarding, that was not the intent of the original proposed activity. The activity is outdoor activities on the Challenger/Rink site and I fully support the action proposed at this time. PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 9 Dave Fandel: Hi my name is Dave Fandel. I was here at the last meeting and talked to you guys at length about this issue. Unfortunately, what happened to me was when I went to see Bab Frates, when I talked to Linda Snow, I was told that in order for any action to be taken on this, I would have to fight this particular requested action. I didn't, I explained to them at length that I did not oppose the outdoor activity at that building. What I did oppose was the noise that was generated by the skateboard park itself. I don't oppose a skateboard park....I teach 7~ and 8~ graders, they love this stuff, they need a place to do it. I don't oppose that, but the noise generated by that place is just, it's unbearable. And it continues today. Ok, every night, every night. Now, I didn't want to come in and do this to begin with and I wanted to express that last time, but I didn't have the time. I wasn't opposed to the outdoor activity use for this particular structure, none of us were in the neighborhood, but 15 of the people that live in that very, right in that vicinity, said "this thing has got to go because it's too loud and too obnoxious...it goes on and on and it's not monitored". There is no way for the police to get there unless they drive through and back to the woods and I am not opposed to the skateboarding, I'm not opposed to the facility, I'm not opposed to the outdoor use of that facility, and neither are my neighbors. We just wanted that particular aspect moved someplace where it was more appropriate and had less impact on our lives. And so I just wanted to clear that up, I didn't want to put any gray clouds on anybody's parade, I don't want to ruin it for the kids, they need a place to do this stuff. The reason why I had to oppose this whale thing was that I was given no choice in the matter. Ok. I just didn't oppose the whole thing, I had to. And so I really appreciate you being able to divide the two issues and thank you for your consideration, very very much. Goecke: We thank you. That's what we're trying to do here now. We're trying to make it so it is palatable for the neighbors. Anybody else? Mr. Bannock. Bannock: Mr. Chairman thank you, I~1 just give you a brief run down of what the Council did, just a little bit out of turn. Most of it's been already stated. Mr. Glick reported what the City Manager's plan was. When i spoke to the City Manager last week it was on track...can't give you the day that it's going to happen. Interestingly enough, when the City Manager approached the school district, thinking that that was going to be the battle that we had no chance, the school district was quite receptive to it. In fact, they have a skateboard park at one of their other schools, I believe North Star Elementary. One of the schools in the north has one there already. So, there is certainly an inherent risk that does go with it as Mr. Amen has already noted. Our rules are not going to change any. The rules that were posted when it was in town, those rules were there. One of the reasons that facility was moved, just from a historical aspect, was from a usage standpoint. Many of the council members, myself included, weren't real big on the fact that we had spent a lot of money to create an activity and then we limited it with the fence and the hours. We have a 2 million PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 10 dollar multi-purpose facility that you can put skates on in the middle of the night and go ice skate on and you can break your neck on ice skates just as easily as you can break your neck on a skateboard in the summertime. So, the whole idea was to get it so it was useable all the time. The entire council, I think, gets a warm fuzzy feeling when we know that our multi-purpose facility was being used at alI hours of the night, particularly during Christmas break, 2 am there were organized hockey games going on over there. We envisioned kind of the same thing with the skateboard park where I think the error may have been was in the physical placement of it. The City Manager is directed that that be changed and has taken those steps, as Mr. Glick has noted. Its new home will be, most recently the site of the bonfires in the front side of the parking lot. That solves several issues: noise being first and foremost, it's very visible. Just by the nature of construction of where it is it's a little bit elevated does it's not like someone is going to roll their car into it. It's not to say someone couldn't drive up there if they wanted to, but, certainly there is a little bit of isolation there. I'm very pleased though, with what appears to be the outcome because, I will tell you, I told the Council last week I was not interested in the administration appealing your decision any more than I was interested in pitting one volunteer commission against another volunteer commission that just the night before you had turned the request down, had voted unanimously to support it. So, kudos to the City Manager for putting together, keeping together, what I consider a very valuable asset to the City of Kenai, yet satisfying the needs of the neighbors, satisfying the needs of the community as well. That's my little wrap-up an that. Goecke: Thank you. Any other comments or questions Seeing none, call for roll. VOTE: Nord Yes Osborne Yes Tunseth Yes Glick Yes B son Yes Goecke Yes MOTION PASSED UNANIMOUSLY. ITEM 7: NEW BUSINESS -- None ITEM 8: PENDING ITEMS -- None ITEM 9: CODE ENFORCEMENT --None ITEM 10: REPORTS: 10-a. City Council -Councilman Bannock provided a recap of city council action items. PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 11 10-b. Borough Planning -Commissioner Bryson reviewed the Borough Planning Commission agenda and actions taken during their last meeting. 10-c. Administration -~ Kebschull reported on the following: • A revised plat regarding the Zubeck issue will be presented at the next meeting. • Code enforcement citations have been taking place; Kebschull will keep the Commission informed of any changes or additional citations. • A review of Borough School properties is taking place. The Commission will be asked to review and discuss when a complete list is compiled. ITEM 11 ^ PERSONS PRESENT NOT SCHEDULED Verbatim: Ona Wilbert: My name is Ona Wilbert and I live at 1107 West Aliak. Unfortunately, I work in Seward so I wasn't able to make it here, because somebody decided to have fishing open. I had to drive all the way back, couldn't be here on time. The issue is, I know, I can go ahead and appeal, it's the, to with the place on Japonski, Lot 3. I guess I want an understanding on how to appeal. I realize that it's going to be past, he's going to get this right-of-way and it's only 1. S feet, I realize that. But, what I would like to understand is how do you appeal for a remedy? I don't think that somebody should just be handed something when A). they're a general building inspector B.J they literally had the police called an them because we took a fence down an our own property and he was so sure that it was on his property, and instead of doing an as-built in the survey, a knowledgeable person before they built the warehouse on the property, they went ahead and did it anyway. It caused all kinds of havoc, they were very obnoxious and very rude, and I feel a person that is that obnoxious and rude shouldn't just be able to walk into a mistake like this. And, I left the fences up and everything. I didn't dare even spend money to do that until I could afford to have the as built done because I didn't want any more. I mean, he threatened to take a pipe, the police had to be called, to somebody's head, because we asked him to please his stuff off the property line so that we could put iri appropriate fence. To this day he has never moved the stuff off. He paid to have that survey done. The survey's done; it shows that that's our property line. To this day he's left all his junk on it. He has absolutely no respect but yet he, you know, is just nicely coming in here and asking for something and I think there should be a remedy. I think that it should be built into the property, that anybody, not just for me, for anybody that buys that property, my property, because that's why we bought, an investment, a remedy that would state that I can go ahead and put a warehouse anywhere an the property that doesn't offend the property owners that weren't involved in this, just to them. If I want to put something 13 feet three stories high right in front of somebody's house, PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 12 that, you know, I can do it. And I know it sounds ridiculous, but that's what everybody's allowing the other person to do. This is what he did. He devalued my property and my ability to build wherever I want and he did it and he did it in a way that was ridiculous. He could of gone and had that as-built done before he did what he did. I'm almost positive, I'm in town enough, but if I went ahead and pulled the plats and do all the work, this is not the first time he's done this. And he hasn't, you know, the issue hasn't come up yet, as to his next encroachment that he's going to ask for. SO, what I want to know is how do I appeal and still ask for a remedy, as well. Goecke: Ok. The appeal process is across the hall here at the clerk's office, anytime within the next 15 days. You can go in and submit your appeal. Wilbert: Do you guys, I mean, is that an issue? Do people ask for remedies to, you know, you're going to give them the encroachment but what does the person that's , you know, actually, living next to this warehouse, how do they remedy for what happens to their property? Goecke: The, I'm going to, not being completely familiar with this, I'm going to ask staff to maybe answer the question at this time. Kebschull: The only option that would happen is if it was appealed and denied, and the remedy is they'd have to remove it. Wilbert: And see, that's not going to happen. I was told, I talked to, I~+e done some homework. I went into the title agency, I've called a few title agencies, and this is such commonplace, that builders do it, knowing, they~l never have a problem, it's only I . S feet. It's not a big deal. Then they do their stuff afterwards and they thought they were right, but oopsie, you know, these guys hand it out right and left. And this guy has a background. He does stuff for a living. Nat only does he have a background, you know, and I (inaudible), how do I know I'rn not going to get worse neighbors than what I already have? I mean, having a neighbor threaten to take a pipe to your head because you~e asked them to move their stuff off of, what turned out to be, and the stake were their and everything, the right land, and you know, it was pretty bad. Bad enough that we never turned it into a rental, I did not want to deal with it, so what, everything that we were planning an doing, we stopped because of the incident. I would never want to put somebody there that would have to experience what happened that day. I, I don't know. I just, I feel that if there, if the only remedy is to tear it down and you don't have another remedy, well then obviously, people aren't going to tear down great big warehouses. There are no remedies, people are getting away with it. Goecke: Well there is all kinds of remedies and this, if you were to appeal this, PLANNING & ZONING COMMISSION MEETING JULY I0, 2002 PAGE 13 tomorrow, for instance, the permit would be held until the appeal process had run its course. They could not do anything, if they did anything, then, again, it would be a police matter and they would be given a cease and assist order, which means absolutely, don't even take a shovel out there and shovel any dirt. Wilbert: Well, it's already there, it's already built. Goecke: Well Wilbert: And he, and I, I, I know he did this on his other property. I had an aerial photo done of it, I went onto the Internet, had some stuff....there it is, surprise, same type of thing on other properties. So, nobody's going to pay attention to because he's right on government property until maybe he has to sell (inaudible). And he's a knowledgeable person; he knows what he's doing. Goecke: But, an answer to your question is that is the appeal process. Go aver and see the clerk within 15 days. Wilbert: And I will but I do think that people should give a remedy, and the remedy shouldn't be that, oops, it's not an oops 9 times out of 10. And even if it is, maybe people would go out and get their as-built stuff first. Three hundred and some dollars, for an as built, or whatever they cost, It's n.ot a lot of money to not irritate and cause problems with your neighbors before you build a warehouse. ITEM 12: INFORMATION ITEMS: 12-a. "Zoning Bulletin" -June 25, 2002 12-b. Donald R. Erwin Letter of Resignation from the Kenai Planning and Zoning Commission. ITEM 13: COMMISSION COMMENTS & QUESTIONS -- None ITEM 14: ADJOURNMENT The meeting adjourned at approximately 8:00 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING & ZONING COMMISSION MEETING JULY 10, 2002 PAGE 14 ~~ STAFF REPORT To: Planning & Zoning Commission Date: June 3, 2002 Res: PZ02-35 (Rer-isedl GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 605 Swires Road Kenai, AK 99611 Requested Action: Preliminary Plat Legal Description: Stecella Subdivision (A subdivision of Gov't Lot 17$y Street Address: 1515 Lawton Drive KPB Parcel No.: 04522020 Existing Zoning: RR -Rural Residential Current Land Use: Residential Land Use Plan: Low Density Residential ANALYSIS This is a revised plat that was previously reviewed by the Commission. This plat will subdivide Government Lot 178 into three lots. The earlier plat had subdivided the property into four lots. Two of the three lots will not meet minimum lot size requirements for the rural residential zone. This zone requires a minimum of 20,000 square feet. The plat provides a water and sewer easement between Lots 2 & 3 to provide utility access for the newly created Lot 1. The City has an installation agreement with another property owner that requires a water main extension down Lawton Drive. When the extension is complete, these lots will have access to city water and sewer from Lawton Drive. A public hearing was held by the Commission on June 26, 2002 to review a request by the applicant for a variance far minimum lot size. That variance was approved by the Commission for 10,000 square-foot lots. Lots 2 and 3 of the new plat exceed that size. They are 12,677.43 square feet and 12,678.72 square feet. 0235 Comment Revised.doc Page 2 City Engineer: Water will not be accessible to Lots 1 and 3 until the water main is extended. it would be appropriate to not allow the final plat to be filed until the city water main is extended. At this time, water and sewer serve Lat 2. Lot 1 meets ADPC requirements for on-site water and sewer. Building Official: No comment. RECOMMENDATIONS Recommend approval contingent upon the following: 1. The variance for minimum lot size must be approved. (Approved on June 26, 2002.y 2. A planned water extension along Lawton must be completed prior to plat being finalized. ATTACHMENTS: 1. Resolution No. PZ02-35 Revised 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION N0. PZ02-35 (Revised) 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 Stecella Subdivision was referred to the City of Kenai planning and Zoning Commission on July 8, 2002 and received from integrity Surveys. 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: Sewer Available. Water available upon extension of planned water main extension. 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, shalt be shown. 7. Plat shall verify that no encroachments exist. 8. Street names designated on the plat are correct. 9. CONTINGENCIES: a. A variance for minimum lot size must be approved by the Planning Commission. b. Planned water main extension along Lawton Drive must be completed prior to the final plat being recorded. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENWSULA BOROUGH PLANNING COMMISSION APPROVE STECELLA SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATI=D ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,__.luly 24, 2002. CHAIRPERSO ATTEST: _ 1aJ~~ ~ 4 •r~^ ~ V m ~ ^I VJ ~ gj ,r n ~a T a°~~ W ~ '[a rya o ~ RI~~ _ L~ ° p In ~ ~ E~7° '~, ~' L J ~ w ~ chi r ~f ~ U _7 `eaxi~F mo L`rV ~ N J ° F ~ V ~~j° ~ N ~ ~) Ste: ~ yKF~W UE ~ Z ~ ~ K ~ ~ vl <~R0. V ~~Q~ F 9 ~~ ~<L ~ ~~ ~ ~~ 3 - ~i ~ z~ ~ ~ ~~ _ .LB'6Zf 3d0.0N ~ ~n ~ a~a7 ~Ltart.~pH fi~szyy '~ ~ E -:,jam ,10'981 ,pn'Y6 ,F.('~ y ,CS I OS I . 07 ~ - ~ ~ ~ ~ Vic. ~ ~ ~ ~ ~ ~ ~ ,\~ ~ ~ - ~ a ,/ 'yU n urr, iwuraoa r.rg Q } +9°i_ {1 ~. - ~ ~~ ~~ - N vw pioM ,q'L ° ~ I ~ iwuam3 Jaavs Q _ fL . ~' J m ~ ' ~ 'J ~ r: ~. ~ ~~ ~ ~,~ _ - C ~ ,84'981 0o e6 ~ _ :~ ~ E a~ .~ 1 ~aa.c~s Moa .09 .LaaovlJ MJ ~ - ~ « - ,£1"9CC 3.51,10. N n ice- ~~ T _~ ~ ~ ~ ~v> I i'i_ '~ I 6 ~l I I Y~ ROO`i ~ ~a nr,, c4: ~ I , 1 a e ~ ° , - ~ 4 '6 ° • Pi ` r c•5 i~ ^k~ ° 5 .. ~ p; ,5 .. .p-. ~ bg yZ~g ~ ~ LI I ~~~~ ~~ ~ u b 6 K4 ' a } ~ 5 3F r c ff ~ or= rci,n •_: // V ~ ) ° ~BHi ~ r , . o ~ _ o ~ofi so=i o4 ~ ~' ~ ~ b~ E E E ~` 3.. b ~ gE ~9 B~ ` ~ ~ m ° t: ra am `[ ~ ]1 ~ ` bS $S ZIP E O~~gP .~4.-- -_~~?.Il. ~ L= _ b b ~ I j _ E ~~4`° 'a 1 ~. ~. .o~og II r ~w ~' ~ ~. ~ A ~ ~: ~ 4S nx 8 e ~~~ ,~i; ~ E 5~ IY Y: ~~ I~ ~i ~ .. ~ ,1i ._ 8, °b H ~ ^xo _ €as o° rta.Y ~~ 11111\\i~~ L 5 `ib STAFF REPORT To: Planning & Zoning Commission Date: July 18, 2002 Res: PZ02-47 GENERAL INFORMATION Applicant: Swan Surveying 262-1014 P.O. Box 987 Soldotna, AK 99669 Requested Action: Preliminary Plat - FBO Subdivision -- GLM Addition Legal Description: Preliminary Pfat - FBO Subdivision -GLM Addition Street Address: 420 & 430 North Willow Street KPB Parcel No.: 04336005 and 04336006 Existing Zoning: IL -Light Industrial Current Land Use: Commercial & Vacant Land Use Plan: General Industry ANALYSIS Plat vacates lot line between lots 3 and 4 of Block 2, FBO Subdivision. The resulting lot meets lot size requirements for the City of Kenai. Water and sewer are available. No installation agreement is required. City Engineer: Nothing additional. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. Pz02-47 2. Preliminary Pfat CITY OF KENAf PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ0,~;47 SUBDIVISION PLA 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 FBO SUBDIVISION GLM ADDfTfON was referred to the City of Kenai Planning and Zoning Commission on July 17, 2002 and received from Swan Surveyina. 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 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 FBO SUBDIVISION GLM ADDITION SUBJECT TO ANY NEGATfVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 24, 2002. CHAIRPEI ATTEST: _~ ~ ~~ ~~ ~~ t~~l n ~ Y @ a /~ ~ '41 y 'a~YSa~ ~ ~ ' E ~I 6 o € o _~ ~~ H ~ `` ~ ~ I ti ~6 ~ = ~ ~o ~` V pi ° ~ g$'- t; o o d ~~s- ~ 5 ~ ~~a~o ~ °~~~ ;~~~` N 58'57'16" w ~ ~~~~'_ W top-E$' ~~ 144,11 _S~$c° ~ ~, ~- ~ wp O ,.r'" ~ O N w [~' o '~ ~awut ~nr uE - O O O ~ o ~ ~ ~ ~ O ~ z ~ o ~ ~' 144.1 1 ,~ ------ ~ ~ N sss7.16' w w ~ ~~~ O N o O ~ ~ J '~ ~ z ti~ `~ V ~~ ~~ STAFF REPORT To: Planning & Zoning Commission Prepared By: nc Date: July S, 2002 Res: PZ02-41 GENERAL INFORMATION Applicant: Marie Baty 283-0630 408 Birch Street Kenai, AK 99fi11 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -Day Care Lot 1, WaterLund Too Subdivision 408 Birch Street 04305024 RS-Suburban Residential Residential Medium Density Residential General Information: KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Applicant is aware that the code allows her to watch up to $ children from her residence. Based on the information provided, the proposed day care meets the requirements far a home occupation. A fire inspection was conducted on the residence on June fi, 2002. tf the day care is still in operation, a foNow-up will be required on June 6, 2004. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ02-41 2. Application 3. Drawings CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-41 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: DAY CARE -Fun & Learn Daycare (Type of Permit} OPERATED BY: Marie Bats LOCATED: 408 Birch Street -- Lot 1 WaterLund Too Subdivision {Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04305024 WHEREAS, the Commission finds: That an application meeting the requirements of Sec.14.20.230 has been submitted and received on June 12, 2002. 2. That the application has been reviewed by the Commission at their meeting of July 24, 2002 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 condi#ions as specified. 4. That the following additional requiremen#s have been established by the Commission as a condi#ion of permit issuance: 5. Applicant must comply with all Federal, State, and local regulations. 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 24~' day of July 2002. Chairma tS~-w ~~---~ ATTEST: HOME OCCUPATION PERMIT ~~C APPLICATION ~~l/F ~~N x D ~~ DATE: - ~ (~ ~~y~ NAME: . ,0 fem. PHONE: a MAILING ADDRESS: "`1 ~~ '~jy ~~ ~~`, K 0 Y~ fi~~~ ,~.L~ q Gi ~ f 1 PHYSICAL ADDRESS: LEGAL DESCRIPTION: ~ ~~ ~ ~ c~ ~~ ~ ~D PARCEL NUMBER: ~V~ ~~ ~ ZONING: ~J DESCRIPTION OF OCCUPATION: ~ ~ 4 Section 14.20.230 of the City of Kenai Municipal Cade outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: • Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the grass floor area of alI buildings on the lot shall be used for the home occupation. Submit a site Ian showin s uare foots e of all structures on the Iot includin the residence and an accessor structures. In addition show arkin areas and traffic atterns. Clean mark the area to be used for the home occu anon. • 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: Date: ~ O ~ ******** Application reviewed and approved by: ~ j~ Plana Zoning Official Date: r] ~~.-0 Approved by the PIanning & Zoning Commission: Date: '2 U E:IWpdocslFORMSIHOMEQCCUPATION PERMIT APPLICATION.doc SKETCH ADDENDUM ^~e~wowne. Miller "~o,,erty~care,e 408 Birch Street c,ry Kenai county Kenai Peninsula bor. dale AK lender er Clienl 61e~La IICA Lr.....~ n~_..____ i Poe ko zlvcoae 996] 1 'i y ay s~ ~ -. Main floor 29 x 4D = 960 16 x 2D = 320 '! 280 SF Basement 16 x 20 ~ 320 SF Ga~ 10 x 24 = 256 5F l 1a S Q+~[~ T 4 ~w~ r S~1~u4 4y~i-TH _~~ RUC 3 2002 OF ,Za Pwnincnla Gnnraieal f:rniin ~b STAFF REPORT To: Planning & Zoning Commission Prepared By: nc Date: July 8, 2002 Res: P202-42 GENERAL INFORMATION Applicant: Alice Lambert 283-5316 P.Q. Box 1756 Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -Day Care Lot 2, Block 6, Tyson Subdivision 603 B Peninsula Avenue, Apartment #3 04711607 CC- Central Commercial Residential General Commercia! General Information: KMC 14.20.230 outlines the regulations that allow home occupations. Day care is specifically listed in the code as a permitted home occupation. Applicant is aware that the code allows her to watch up to $ children from her residence. Based on the information provided, the proposed day care meets the requirements for a home occupation. A fire inspection was conducted on the residence on June 28, 2002. If the day care is still in operation, afollow-up wilt be required on June 28, 2004. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ02-42 2. Application 3. Drawings CITY OF KENAI PLANNING ~ ZONING COMMISSION RESOLUTION NO. PZ02-42 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: DAY CARE -Grandmas Home Da care (Type of Permit) OPERATED BY: Alice Lambert LOCATED: fi03 B Peninsula Avenue A t. #3 ' Lot 2, Block fi. Tyson Subdivision (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04711607 WHEREAS, the Commission finds: That an application meeting the requirements of Sec.14.20.230 has been submitted and received on June 12, 2002. 2. That the application has been reviewed by the Commission at their meeting of July 24, , 2002 and found that all application requirements have been satisfed. 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: 5. Applicant must comply with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, by the Planning & Zoning Commission of the City of Kenai that the applicant has demonstra#ed that the proposed development meets the conditions required far said proposal and therefore the Commission authorizes the permit. PASSED by the Planning & Zoning Commission of the City of Kenai, Alaska, this 24`~ day of .lulu 2002. Chairma ATTEST: ,~~~(! .~~~ /' HOME OCCUPATION PERMIT APPLICATION ~V p SUN ~ ~ ~~~ / ,.._ DATE: `i~' ~ 6 -~ P~NNfI~+~ (} ~, NAME: ~1 PLC ~ ,~ PHONE: ~ ~~ MAILING ADDRESS: ~~~ PHYSICAL ADDRESS: LEGAL DESCRIPTION: L~ '_ ~ ~ Esc,., >I~ PARCEL NUMBER: ZONING: ~ 1 DESCRIPTION OF OCCUPATION: n L. ~ I Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: • Not more than one person outside the family shall be employed in the home occupation. • No more than 30 % of the gross floor area of all buildings on the lot shall be used for the home occupation. Submit a site elan showing square footage of all structures on the lot, including the residence and any accessorX structures. In addition, show Rarkigg.areas and traffic patterns. Clearly mark the area to be used for the home occupation. • The home occupation shall be carried on wholly within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. ~~ Applicant's Signature: Date: '~ .-. *••***** Application reviewed and approved by; Approved by the Planning & Zoning Commission: . jj~ F_ G` ~~ Zoning Official Date: J Date: ~' F'1Wnr{~cSSFC)R'~SIHf11VfF nCC`T?PATTf1NPi~R'ArTTT ~ppr rreTrn\* ~+~~ v ~s~ c° L:~J ~ d 1 ,~ ~, ~, o ~ W r~ u ~ L r _o a°. u ~ o .c t ° °i '~ O] Q1 ~ ~ m ~~~ E ai o, ~ o ~ ~ ,~ ~ ~ o a ~ m c~i .c m Fr„, u zi _ G ~ ~ Y ~ ~ d N u ~G'p O ~ ~ m .'.~ t77 ~ ~ U ,~ ~ ~ ~ ~ O ~ p Je ~7 ~`- ~UOCJ ~i C_l ~i cp ti W a yam, ~ y C ~ m ~ ~ ~ ~ x [G IQ ~ L"« di ~ +Q n .~ F ~ ~, ~ ' ~ ~ r ~ ~ Ti ~ ~ a7 ~ ~ m• ~ } o ~ c 7-. b ~ .sc ~ .c `~ ~' ~ h m ~ ~ ~ t ~w ~ l Z+ N ~ ~ `9 p ' RY d ~ C ~ ~ r ~ O a Q ~ ~]Q., ~ aSl~ CL V Z7 C W V ~ _~ O ~ ~ ~ o ~- -° ~ a z 3 Q ~' m °~ ~ a $ ~~ ~ G ~ ~ ~"' ~ F QS 41 ~ U R ~ ~ ~ ~ ~: ~~ O ~ ~ >. ~ u t _ I I c~ ~ G ~ a ~ ~ ~ ~ ~v - `~ ~~ ~ Q~ I ~ ~ ~~ ~ ~ ~ I ~ _~ ~ I I ' ~ `~ G ~ `~ ~~ ~ i I I a~~~, ~ ~ .~ Q -n ~ ~~ ' I a ~ ~ ~$ ~ I ~ ! f i ~ ~ .U O ~ i° ,~ It I I C I I Q ~~ J]~ Lo I . N d N y v k u ~~}~-t AGENDA KENAI CITY COUNCIL -REGULAR MEETING JULY 17, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /www.ci.kenai.ak.us BOARD OF ADJUSTMENT HEARING -- 7:00 P.M. (Appeal filed by Ralph Van Dusseldorp of the Planning & Zoning Commission's approval of PZ02-29, An Application for a Conditional Use Permit to Amend Conditional Use Permit PZ88-27 to Include Cabin Rentals for the Property Known as Lot 1, Angler Acres Subdivision Part 4 (1005 Angler Drive), Kenai, Alaska. Application submitted by Gary Foster d/b/a Faster Landing, P.O. Box 2505, Kenai, dlaclra 1 ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval ~1. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITE B: -SCHEDULED PU LIC COMMENTS (10 minutes) ~'~ T M C: PUBLIC HEARI S~ ~, 1. Resolution No. 2002-52 -- Directing the Continuation of the Project Entitled "Basin View Subdivision Special. Assessment District (Dolchok Lane, Kim-N-Ang Court, And Cub Court)" and Designating What improvements are to be included in this Project. 2. Resolution No. 2002-53 -Transferring $15,200 Frorn the Water and Sewer Ftiznd STP Contingency Account to Repair and Maintenance for Purchase of an Aeration Blower for the Basins. 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 d. Kenai Chamber of Commerce ITEM E: MINUTES 1. *Regular Meeting of July 3, 2002. ITEM F: CORRESPONDENCE ITEM G: OLD BUSINESS ITEM H: NEW BUSINESS ,~pjt~~ 1. Bills to be Paid, Bi11s to be Ratified ~~ 2. Purchase Orders Exceeding $2,500 3. *Ordinance No. 1962-2002 -- Changing the Recreation Zone by Amending KMC 14.20.145 (Recreation Zone), 14.24.010 (Development Requirements Table) and 14.22.010 (Land Use Table): 1) to Allow Ladges and Bunkhouses as Principal Permitted Uses; 2) to Not Allow Four or More Family Dwellings as Either Principal Permitted or Canditianal Use; 3) Allowing Retail Businesses as a Secondary Use in Certain Cases; and 4J Changing Minimum Lot Requirements. 4. Discussion -- Concept for Addition to Multipurpose Facility and Arctic Winter Games. 5. Discussion -- Changes to U.S. Bureau of Land Management Restrictions/City Boat Landing Facility. ~"~`" Discussion -- Local Improvement District -Schooner Circle/Report to ~'y+• Council. ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- None Scheduled ITEM L: ADJOURNMENT lob ~~~~~~~ KENAI PENINSULA BOROUGH PLAT COMMITTEE LY CHAMBERS ~~ ~ BOROUGH ADM INISTRATION BUILDING ~ ~'"? 144 NORTH BINK.LEY STREET ~~ ,~ 8 ~~~ SOLDOTNA, ALASKA 996b9 C1Ty ~~ P~AN K~ 5:34 p.m. July 22, 2002 NlNG NA! ~~~'pRTMEN~ Tentative Agenda MEMBERS; Phikip Bryson Kenai City A. CALL TO ORDER Term Expires 2004 Brent Johnson B. ROLL CALL Kasi kaf Area Term Expires 2003 ~ APPROVAL OF AGENDA, EXCUSED ABSENCES AND MINUTES Todd Petersen , Moose Pass Area Term Expires 2004 1. Agenda Dick Troeger Soldatna City 2. Member/AIternate Excused Absences Term Expires 2002 a. Brent Johnson A[.TERNATES: Peggy 13oscacci 3. Minutes Seldovia City Term Expires 2003 a. Juty S, 2002 Blair Martin Areawide Term Expires 2003 D. SUBDNISION PLAT PUBLIC HEARINGS 1. Bing's Landing Archer's Addition KPB 2002-144 Integrity/Archer Location: South of Sterling Hwy, Sterling Area 2. Wheelock No 02 Revised Preliminary KPB 2002-042 Integrity/Wheelack Location: North of Sterling Hwy. On Jim Dahler Rd. 3. Seldovia Townsite Eggert Replat KPB 2002-145 Johnson/Eggert Location: City of Seldovia 4. Pease 2002 Addition KPB 2002-147 ~ ~ ~ 'j Imhoff/Ripley/Vosburgh ~ ~ - - Location: North of East End Rd, Homer Area K-Bay APC s. Mansfield Subdivision 2002 KPB 2oo2-lsa Irnhoff/Fletcher Location: West of East End Rd, Homer Area K-Bay APC 6. Fair Ridge Part 04 KPB 2002-148 McLane/Fair Location: South of Longmere Lake, Sterling Area 7. Big Spruce Ranch Subdivision KPB 2002-149 McLane/Lahndt Location: East of Sterling Hwy. Kasilof Area $. Carl Sholin No. 05 KPB 2002-1 s 1 Anderson/Stewart Location: City of Homer 9. Stariski Haven KPB 2002-152 Anderson/Davis/Barling/McGee/Ehlers/ArreolalOcean View Ent Location: East of Sterling Hwy., Happy Valley Area Anchor Point APC 10. Saiamatof Air Park Luy Addition KPB 2002-1s3 Swar~JLuy Location: East of Kenai Spur Hwy. Nikiski Area E. PUBLIC COMMENT F. ADJOURNMENT z NEXT REGULAR MEETING The next Kenai Peninsula Borough Plat Committee meeting will be held on August 12, 2002 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: tali free within the Borough 1-800-478-4441, extension 260 Fax: 407-262-8618 e-mail address: lannin borou .kenai.ak.us web site: www.borau h.kenai.ak.us/ tannin de t > KENAI FENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS _ BOROUGH ADMINISTRATION BUILDING _ ~ ~',~ ~ ~ ~ ~ 144 NORTH BINKLEY ~ ~ _ , _~ _ SOLDOTNA, ALASKA 99669 ...._ ~(J~ ~ ~ ~~~~ July 22, 2002 7:30 P.M. Tentative Agenda ~'~~ ~~ KENA! F~~~y~t{~iG €3~Pg RTM John Hammel am n ~ Chairman A. CALL TO ORDER Areawide Term Expires 2002 B. ROLL CALL Philip Bryson Vice Chairman Kenai City C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT Term Expires 20D4 AGENDA Peggy G. Boscacci PC Member Seldovia City All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be Term Expires 2003 approved by one motion. There will be no separate discusston of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered Tom Clark in its normal sequence on the regular agenda. PC Member Anchor Point If you wish to comment on a consent a enda item or a re ular a ends item other than a ublic hearin g g g p g, please advise Term Expires 2D04 the recording secretary before the meeting begins, and she will inform [he Chairman of your wish to comment. Lynn Hohl 1. Time Extension Requests -None PC Member Seward City Term Expires 2D02 2. Plats Granted Administrative Approval Brent Johnson PC Member 3, Plats Granted Approval Under 20 04 070 -None Kasilof Area . . Term Expires 20D3 4. Plat Amendment Requests -None Blair Martin PC Member Areawide 5. Coastal Management Program Term Expires 2003 Todd Petersen PC Membcr a. Coastal Management Program Consistency Reviews -None Moose Pass Term Expires 2004 b. Conclusive Consistency Determinations Received from DGC Bill Smith PC Member c. Administrative Determinations City of Homer Term Expires 2004 d. Current Reviews Raymond Tauriainen PC Member Nikiski (, KPBPC ReSOIUtIO11S Term Expires 2002 PCcMemberr a. KPBPC 2002-27: Vacate the 10' utility easement along the solaotna c;ty east boundary of Lot 7 & 8 BIock 2 Sandhill Meadows Term Expires 2002 Subdivision (Plat HM 77-83), within Section I0, Township 2 South, Range 14 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2002-133; Petitioners: David M and Jackie Bear of Ninilchik, Alaska; as approved July $, 2002 7. Commissioner Excused Absences a. Brent Johnson b. Ray Tauriainen 8. Minutes a. July 8, 2002 Plat Committee Minutes b. July 8, 2402 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS -None F. PUBLIC HEARINGS 1. Ordinance 2002-24: Authorizing the Sale of 17 Parcels of Borough Land by Outcry Public Auction 2. Ordinance 2002-25: Authorizing Retention or Sale of Certain Real Property Obtained by the Kenai Peninsula Borough Through Tax Foreclosure Proceedings 3. Ordinance 2002-27: Authorizing the Negotiated Sale at Other Than Fair Market Value of Lot 16, Block 7, Irons Subdivision, of Block 7 and Lot 8 of Block 9, according to Plat No. 72-5, Kenai Recording District to Marie L. Parker G. VACATIONS NOT REQUIRING A PUBLIC HEARING -None H. SPECIAL CONSIDERATIONS -None I. SUBDIVISION PLAT PUBLIC HEARINGS 1. The Plat Committee is scheduled to review 10 plats. J. ANADROMOUS STREAM HABITAT PROTECTION {KPB 21.18} 1. A Conditional Use Permit Pursuant to KPB 21.18 for the installation of a 30" satellite dish on an existing tree within 20 to 30 feet of the Mean High Tide line of the Kenai River, along the right bank of the Kenai River at River Mile 10 adjacent to Lot 24, Angle Acres Subdivision, Section 11, T. 5 N., R. 11 W., S.M., AK, (KPB Parcel z LD.: 049-390-10); Petitioner: John Groeneveld, Kenai; KPBPC Resolution 2002-28 K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION -None Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED 1. Draft Public Junk & Abandoned Vehicle Program 2. Homer Advisory Planning Commission June 19, 2002 Minutes 3. River Terrace Laundromat Site Summary Update June 2002 FUTURE PLANNING COMMISSION MEETING The next Kenai Peninsula Borough Planning Commission meeting will beheld August 12, 2002 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, at 7:30 p.m. OTHER MEETINGS Kachemak Bay Advisory Planning Commission July 18 (Special Meeting) CONTACT INFORMATION KENAI PENINSULA BOROUGH PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-800-478-4441, extension 260 Fax: 907-262-8618 /~'G CITY OF KENAI 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEI~HONE 907-283-7535 FAX 90T-283-3014 '~ll~. ~~~ MEMO: ~, TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: July 1$, 2002 SUBJECT: PZ02-40 -Resolution recommending amendment to the Recreational Zone There was a clerical error to the Land Use Table attachment in the resolution that you approved on July 10, 2002. The error was on Page 3. Under cabin rentals a "C" was noted when the intent was a "P". The correction has been made and a substitute will be provided to Council for the public hearing scheduled on August 7, 2002. 1 ~~ F. DeWayne Craig P. O. Box 1613 Kenai, Alaska 99611 July 24, 2002 Carol Freas, City Clerk City of Kenai 210 Fidalgo Ave Kenai, Alaska 99611 Re: Planning & Zoning Appeal Madam Clerk: 1 am requesting a Board of Adjustment hearing to appeal the decision of the Planning and Zoning Commission on July 10, 2002 regazding PZ02-39 Request for Variance Permit, and include page 2 of this letter for the Board's consideration. Thank you. Very truly yours, ~i,~ F. DeWayne Craig -~~~~~- RECElVE~7 ~ 4 2002 KENA~ CITY CLERK; To: City of Kenai Board of Adjustment Re: Appeal of P & Z Decision re: PZ02-39 I would like to address the items presented by the staff in their comments to my request for variances. The staff refers to a "seventh residence". I have never indicated that a seventh residence was part of my building plan. 2. References to the driveway being dangerous because it should be 49.2 feet from Forest Drive: Keith was referring to the Highway Manual and using Toyon as a "collector roadway". According to Sheryl Plats (reached by phone at. 269-0682) with the Department of Highways office in Anchorage, Toyon would be a local roadway requiring 39 feet. I can do a 39 foot driveway. Safe visibility at the end of the driveway on Toyon would be taken care of by altering the landscaping with removal of additional shrubbery or trees and lowering the ground level for adequate visibility. It is easier when exiting a driveway to see vehicles slowing to a stop than when they are moving at 25 mph. 3. Parking spaces: There are currently 15 parking spaces. The requirement is 12. The staff erroneously stated there are only 10. With the addition, there will be 2 more. 4. Snow storage: On the new addition there will be plenty of room for snow storage on both sides of the new driveway. 5. Dumpster location: The duaipster is located in a landscaped area, not in a "traversed" right~of--way of a street yr alley where any pedestrian or vehicle would travel. 6. Minimum Variance: When I applied for a building permit for this addition, I was told that I must first obtain an encroachment variance for the existing garage with second floor living area, due to the living space being in the setback. Three years ago I knew I could build a garage into the 25 foot setback. I did not know the 2"~ floor could only be storage. I was told I had to put a fireproof door, an egress window, double layer of sheetrock below, and close off the end of the 2"d floor room because it was going to be a bedroom. My final inspection showed "no noncompliance observed" and I also furnished an as-built at that time. So, I was very surprised when I was told I was out of compliance. Respectfiilly submitted, ~„~ r F. DeWayne Craig ~ ~ . ~ i~ O C7 Z ~ ~ w cO a ^ O N U 0 C m Z - ~ O O U} ~ J m C7 Z Q H O H w [il Z O ~ N O U C7 Z Z O N oZS ~ L7 Z Z a J a N w = Z Y OC W U ^ O cn ~ w oC OO Z V pC O O cn ~ ~ m C7 Z O ~ C7 C d ~ w ^ ~ N U o C ~ O O U1 ~ J m C7 Z O H C7 N w = Z ~ Z Q C w } U ^ O (n Y w 0[ pp Z U pC 0 0 (n ^ ~ m C7 Z O f- C7 `J C-~' z ~ w ~ O w ^ m W 0 C z U p~ O O U} ~ ~ m C7 Z O 1- C7 N w = Z Y ~ O w U ^ O N ~ w OC ap Z U oC O O (A ^ ~ m C7 Z O F- C7 AGENDA PLANNING 8 ZONING COMMISSION July 24, 2002 7:00 P.M. KENAI CITY COUNCkL CHAMBEFt5 http:llwww.ci. kena i.ak.us 1.SCHEDULED PUBLIC COMMENT: 2.CONSIDERATION OF PLATS: a. PZ02~5 (Revised) - Stecella Subdivision (A subdivision of Government Lot 178). b. PZ02-47 - FBO Subdivision GLM Addition 3.PUBLIC HEARINGS: 4.OLD BUSINESS: 5. NEtN BUSINESS: a. PZ02-~41-Home Occupation (Day Care) for the property known as 400 Birch Street (Lot 1, Waterlund Toe Subdivision), Kenai, Alaska. Application submitted by Marie Baty, 408 Birch Street, Kenai, AK 90611. b. PZ02~2-Home Occupation (Day Care) for the property known as 60Ci B Peninsula Avenue, Apartment fKi (Lot 2, Block 6, Tyson Subdivision), Kenai, Alaska. Application submitted by Alice Lambert, P.O. Box 1756, Kenai, Alaska. The public is invited to attend and participate. The meeting will commence at 7:DD p.m. in the Kenai City Council Chambers. Additional information may be obtained at City Flall, at the City of Kenai web site (www.ci.kenai_ak.us), or by calling 2837535 extension 235. Marilyn Kebschull Planning & Zoning Adminislration Publish: July 22, 20D2