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HomeMy WebLinkAbout2002-08-28 Planning & Zoning PacketCOMMISSION CHAIR REPORT AUGUST 28, 2002 REGULAR COMMISSION MEETING REQUESTED CHANGES TO THE CONSENT AGENDA BY: ADD AT: *2b Augexst 14, 2002 -Work Session Nates STAFF CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 28, 2002 - 7:00 p.m. I. 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. *August 14, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ02-51-Preliminary Plat - Keemau Subdivision. Plat submitted by Segesser Surveys, 30485 Rolland Street, Soldotna, Alaska. 5. PUBLIC HEARINGS: 6. OLD BUSINESS: a. PZ02-43-An application for a Conditional Use Permit for a retail business to operate a pet grooming business from the property known as 1802 4th Avenue (Lot 6, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Application submitted by Nancy Henricksen, 1802 4th Avenue, Kenai, Alaska. Motion for reconsideration - Commissioner Goecke. b. Amend sign code -Sandwich Board Signs -Limit permitted display time. Brought forward from the 8/14/02 meeting. Discussion. 7. NEW BUSINESS: a. *PZ02-50--Home Occupation Permit (Art Studio}--For the property known as 1206 Third Avenue (Government Lot 76), Kenai, Alaska. Application submitted by Darla R. Springer dba White Dove Paper & Design Studio, 1206 Third Avenue, Kenai, Alaska. b. *PZ02-52--Home Occupation Permit (Day Care)-For the property known as Lot 19, Block O, Woodland Subdivision, Part 3 (706 Cypress Drive). Application submitted by Michele McCauley-Olson, P.O. Box 7681, Nikiski, Alaska. c. Public Hearing Fees -Discussion d. Amendment to KMC 14.20.200 Accessory Structures -Discussion Planning & Zoning Commission Agenda 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 1 i. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. Planning & Zoning Commission Register b. KPB Plat Committee Meeting (8112102) c. KPB Plat Committee Meeting (8112/02) d. Zoning Bulletin (7/25/02) e. R. VanDusseldorp CUP Denial Case 13, COMMISSION COMMENTS & QUESTIONS: Page 2 August 28, 2042 14. ADJOURNMENT; ~~ CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA CITY COUNCIL CHAMBERS August 14, 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 dzscussion of these items unless a Conunission 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 24, 2002 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: a. PZ02-49-Preliminary Plat -Holmes Subdivision 5. PUBLIC HEARINGS: a. PZ02-43 An application for a Conditional Use Permit for a retail business to operate a et grooming business from the property known as 1802 4th Avenue (Lot f, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Application submitted by Nancy Henricksen, 1802 4th Avenue, Kenai, Alaska. b. PZ02-44-A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.245 be amended to provide for limited use of recreational vehicles in the recreation zone. c. PZ02-48-An application to amend the oi~icial zoning map to rezone a portion of Lot 1, Yragui Subdivision (formerly a portion of Government Lot 61) from suburban residential to general commercial. Application submitted by David Yragui, P.O. Box 1290, Kenai, Alaska. b. OLD BUSINESS: 7. NEW BUSINESS: a. Amend sign code -Sandwich Board Signs -Limit permitted display time. (Discussion) 8. PENDING ITEMS: 9. CODE ENFORCEMENT: 10. REPORTS: a. City Council b. Borough Planning c. Administration 11. PERSONS PRESENT NOT SCHEDULED: 12. INFORMATION ITEMS: a. "Zoning Bulletin" -July 10, 2002 & August 10, 2002 b. Appeal letter regarding PZ02-37 (Quade) submitted by Ona Wilbert c. Angler Acres Special Use Permits d. Quarterly Report -Code Enforcement 13. COMMISSION COMMENTS & QUESTIONS: 14. ADJOURNMENT: COMPREHENSIVE PLAN WORK SESSION IMMEDIATELY FOLLOWING REGULAR MEETING CITY OF KENAI PLANNING 8s ZONING COMMISSION CITY COUNCII. CHAMBERS AUGUST 14, 2002 - 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. ].-a. Roll Call The roll was confirmed as follows: Commissioners Present: Bryson, Goecke, Osborne, Glick Others Present: Councilman Bannock, City Planner Kebschull, Department Assistant Harris 1-b. Agenda Approval MOTION• Commissioner Glick MOVED to approve the agenda with the addition of Item 7-b and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. SO ORDERED. 1-c. Consent Agenda ~urnTrnN- Commissioner Osborne MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- July 24, 2002 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None ITEM 4: CONSIDERATION OF PLATS 4-a. PZ02-49 --Preliminary Plat -Holmes Subdivision MOTION: Commissioner Bryson MOVED to approve PZ02-49 with the attached recommendations and Commissioner Osborne SECONDED the motion. VOTE: Osborne Yes Glick Yes B son Yes Goecke Yes 'l~nseth Absent Nord Absent MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5a. PZ02-43 -- An application for a Conditional Use Permit for a retail business to operate a pet grooming business from the property known as 1$02 4th Avenue (Lot 6, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Application submitted by Nancy Henricksen, 1802 4th Avenue, Kenai, Alaska. MOTION: Commissioner Glick MOVED to approve PZ02-43 and Commissioner Osborne SECONDED the motion. Goecke opened the item to public testimony. Verbatim begins: Mark Shinn-- 403 Haller Street -- I'd like to circulate these and have you guys look at these pictures. I live at 403 Haller Street, right next door. 1'he fence is in really poor condition, there's spruce posts, they're rotting off at the bottom and they're actually leaning towards my yard and you can kind of see. Goecke: Before you get going any further, would you sign in, state your name.... Shinn: Do I got to put the public hearing number up here at the top or not? Goecke: No. Shinn: Yeah, I live at 403 Haller. She's been running a business next door. I had no idea it was that she was not legal until this hearing, I got this letter finally. But, were constantly had different dogs in the yard. Now that's her dog there that lives there (referring to the picture), that dog comes over and greets us at the fence but that's me and my wife. Now, if I was to have a visitor over there that pulls into that driveway, right off my front porch there, Ike got barking, constantly. You can see along the 403 Haller Street were the dog has worn a path for anybody that even takes a walk up the street, the dog is at the fence constantly up and down, barking. You can see the trail that the dog has worn there. As far what she's stating here in this form here about us not complaining, we have complained to here and my wife called her once on a barking dog and she goes well next time the f-ing dog starts barking well put it in the house'. Goecke: Excuse me, we needed you to state your name prior to starting the testimony, if you would, sir. Shinn: My name is Mark Shinn I live at 403 Haller Street. Goecke: Ok. Thank you sir. Shinn: But, I'm really worried about my property value. When I bought in that neighborhood i bought, I feel I bought a piece of Haller Street and I should have some say about what goes on around there. I had no idea that that business was not legal next door. But, you know, I'rn constantly coming home and there's dogs that I don't even know, I haven't even seen before and they're over at the fence barking at me soon as I get out of my truck or if I have visitors over at my house. In that driveway they're barking at me. Last week there was a puppy out there that was probably six weeks old, no probably six months old, and he was constantly sitting there by the fence whining with zero attention out there. The yard, since you guys nailed your sigma up out front there, she did mow the yard right after that sign went up and she's mowed it just again, recently. You can see from the pictures usually it's in that condition. And like I say, the fence is in very poor condition. I invite each and every one of you guys to come aver to 403 Haller and just take a look and see how close those dogs are to rriy front door. Like I say, I'm trying to get my yard cleaned up, I painted my house, put a new garage door on, built a new deck on the front of the house. I'm trying to increase my property value I don't want it drug doom. And my neighbor here Star, she had the yard of the week probably 3 weeks ago, had a nice sign out front. She's trying to do the same, and then to have a pet grooming business on the corner that's probably going to grow in size in the next year or so, I just see it getting worse here, is all I'm saying. My time up? Glick: You've got another minute. Shinn: Well Like I say, we've complained to her, and alls we get back is f-ing dog f-mg this we'll put it in the house and it's not happening. So, that's my statement, and like I say, I'm living right there, I mean that fence is not that far from my house you can see from the pictures and Ike got dogs right there as soon as I pull my truck in, Ike got dogs right there barking at me. So, it's been tough to live with it. Goecke: Anyone have any questions? Mr. Bryson. Bryson: For the proposed activity to be compatible with you and what you feel is appropriate, would you have any recommendations? Shinn: I would like to have it where the dogs can't even see my house. I mean, like I say, as it is I have people pull in my driveway who, that are corning to visit me and we're out there talking and we got dogs barking in the background that I can't control. It's very irritating. I don't know what you could do to control that. Bryson: Her address is on 4th Avenue and you live on Haller Shinn: 403 Bryson: Right. So she backs up you, or? Shinn: Right. She backs up. Her yard backs up to a couple yards in the back, but mostly up against my house. Like l say, when I pull in my driveway, the fence is right there. Soon as I get out of my truck I got dogs right here barking at me. The dog that Iives there is fine because he knows me the other dogs don't know me and they get over there and they get going and then they all get going. And she has been having them staying there like aday-care where they keep them a couple three or four days, you know. And it seems like it's been a constant ever-changing thing. The other thing I'd Like to say is, we've got a lot of empty buildings in Kenai and I think we aught to move the commercial business out into the commercial district instead of in the residential. Goecke: Ok. Thank you. Anybody else wishing to speak to this item PZ02-43? Star McCloud -- 405 Haller Street, Kenai -- I live right next to Shinn's. My husband and I are opposed to this permit being approved, also. Our concern is our property value going down. Because, to me there is no difference between a dog day-care and a boarding kennel when she keeps them overnight and our homes are too close together to have this on a residential neighborhood. Goecke: Any questions of Mrs. McCloud? Ok. Thank you. Anyone else wishing to speak to PZ02-43? Nancy Henricksen -- 1804 4th Avenue, Kenai - My name is Nancy Henricksen. I'm the one that applied for this conditional use permit for my Groomingdales business. My business is solely conducted within the garage for the primary portion of my business. I do provide same day-care only. The dogs stay by day, only. 1 did have one neighbor dog that I allowed to stay for a few days because my neighbors where going an holiday. In order to be agreeable and suitable to my neighbors, I can drop the day-care aspect of my business. It is correct, the posts in my yard that hold the fence up, now it's more like the fence holds the posts up, but the fence is secure, it's not falling over. There's grading under each one of the gates, there's chicken wire buried for three feet from the fence line out so the escapage out my property is very well next to nothing. My neighbors have a solid wood fence up to their driveway to the port of their driveway. I would be agreeable to allowing them to plant a post if they want to extend onto my property to entirely close off their driveway from view from my property. I wouldn't be opposed to that at all. My lawn was definitely in disrepair. I'm as embarrassed about that as anybody. Unfortunately, there is not aTroy-built dealer who carries Troy-built cables in the area. I'm having some financial difficulties myself and was not able to afford a new mower, but did engage the neighbor boy to come over and start taking care of my yard. My yard's pretty healthy and it grows very fast and in a two week period of time it was looking unsightly again but, he was on holiday and I don't have a useful mower myself and couldn't take care of it. The McClouds do have a beautiful yard. I'm glad that somebody submitted them for the Garden of the Week because their garden is beautiful. As was mine prior to when I moved from 1802 4~ Avenue into a different residence but do to a dissolution of a relationship, I'm back at 1802 4~ Avenue. Gardening is a passion of mine. My garden will came back as soon as I can get out there and get after it but right now my priorities are making my mortgage payment and my utility payments. My business is wholly enclosed, otherwise, within my garage. My home has been modified in order to suit this capability. I'm the only person that works there; I have no intentions of hiring another employee. I operate my drop-off and pick-up times around bus schedules. I encourage leashing but as even your own animal control officer knows, and you know, it's un-enforceable. I mean, you do your best to enforce it when you can. As a main course of event, my dogs are maintained within the confined area or else under my control at all times. If you have any further questions I would be happy to answer them, and I too would invite you to, if you would like to, come out and view my facility. It's a clean, sanitary facility; I don't use any chemicals with the exception of what you can buy in the grocery store. I clean with bleach, vinegar and Listerine. All in all it's very safe, Ike never had a loose dog, nobody has ever gotten hurt or bitten or injured in my facility. That is my public testimony. Thank you. Goecke: Any questions for Ms. Henricksen? Mr. Osborne. Osborne: Did I understand you to say that you were going to drop the day-care for the dog5~ Henricksen: I'll do that. You know, because that seems to be the primary concern with the other dogs in the yard and bothering them and their guests at the fence line. I can understand that. I mean, my fence is pretty close to their driveway. I know that there is a foot on the other side of my fence because I did Leave my fence a foot off of my thing in order to clean up both sides of the fence and keep my fence line clear because I detest grass in the fence. Now there are two fences there and it's kind of a Lost cause. Yeah, I'd be willing to disengage the day-care portion of the business. Osborne: In other words when somebody drops their dog off and you take care of the grooming and they come and pick it up... Henricksen: Correct. Groomed dogs don't go outside at all, I don't even take them out on a leash to potty. If they're going to potty they're going to potty in my garage. Too big of risk of loss. I'd rather have them potty in my garage than risk losing a client dog. Somebody who comes for daycare knows what the risks are, they are given the opportunity to walk the yard, see whether or not they consider it safe for thei.z- dog and that's the way that's done. But, Ike only had one regular day-care dog there. Which is a brown field spaniel, the pup that they speak of is my daughter's dog. High- energy dog comes over to play with my high-energy big dog. Goecke: Anybody else? Ok. Sharron Shinn --403 Haller Street -- My name is Sharron Shinn I live at 403 Haller next door to her. Like nay husband was saying, my main concern is the value of the property with a kennel. And that's, whatever she's calling this all it is is another word for a dog kennel, is what it is. There was another gentleman by the name of Jay, he runs Jay's Appliance, that I believe is on the parcel of 313 on there. He's just cattycorner from her. He was going to be here because that was a same concern that he had was the value of his property. But, he had an emergency, his mother had a stroke and so he couldan't make it. I think that was it and all I really wanted to say. I'm just concerned about the property. When we bought that house, we didn't realize that we were going to have a dog kennel next door to us. The pick up and the cleanup in that yard, in the whole time that Ike seen her live there I have never once ever seen her out there picking up any potty, so this picking up immediately after the dogs, I don't know where that come from. But, you can see in the picture that fence is falling down. It's leaning clear over in our yard. That's all I have to say. Goecke: Any questions. Ok. Thank you. Judith Stiedl-- 313 Rogers Road -- Hi, my name is Judith Stiedl I live at 313 Rogers Road. Nancy grooms my Cocker Spaniel and also washes my Lab. As you hear, I don't live next to Nancy, I live on 313 Rogers Road, I have a neighbor just like these people claim Nancy does who, I go outside my door, even in my house, this dog barks. Somebody drives by, somebody walks by, this dog barks. So this isn't just a one incident situation in one neighborhood. Nancy has, as you heard, she has been divorced and her fence, I'm sure if the neigk~bors would be willing to help her she, I'm sure, would be more than willing to help get her fence so that the posts aren't rotting and so that her yard does look much better. But, as you hear, Nancy has a hard time with this. She's working as hard as she can, she supports herself. I bring my dog in the morning, she grooms my dogs. The minute they are done I am called at my job to come pick my dog up. My dogs are never taken out of her facility. Ever. I take them in, I take them out. She does not kennel my dogs other than to wash them, dry them, cut them, and bathe them. Then I am called to be there. Every time I'~re gone over their dogs are dropped off. I f have never seen a dog running out, I have never seen one being Ieft in the kennel, they have all been picked up. She's not running a kennel, it is a grooming thing and it is, we do pick ours up. I have had my dog groomed at other kennels where I have dropped my dog off at 8 o'clock in the morning at a groomers and my dog did not get picked up unti15:30-6:00 o'clock at night. That, I consider a kennel. They're holding that dog all day. Nancy holds my dogs maybe three hours at the most and I'm able to get my dogs, it makes it very nice for the animals, they aren't cooped up all day irx a kennel. And that's all I have to say. Goecke: Any questions? Ok. Thank you. Anybody else wishing to speak to PZ02-43? Ok. Seeing none at this time I'm going to close the public hearing portion on this item and bring it back, and ask staff if they have anything further. Kebschull: Nothing additional. Goecke: Ok. Thank you. At this point, any cozrxxnissioner's....Mr. Bryson. Bryson: I would like to propose an amendment restricting the permitted use to grooming of dogs only and not permitting day or night boarding of dogs at this facility. Glick: I~1 second it. Goecke: Ok. Any discussion? Seeing none well vote on the amendment. VOTE• Osborne Yes Glick Yes B son Yes Goecke Yes Tunseth Absent Nord Absent MOTION PASSED UNANIMOUSLY. Goecke: Ok. Any more discussion on the main motion as amended? Mr. Bryson. Bryson: Question for staff, there was an indication that (inaudible) from the engineering to encourage additional off-street parking. How many parking spots do they feel are necessary, one additional? For a total of two. Kebschull: There was a concern that, the plan shows there are four, room for four vehicles and the engineer did not believe that that is accurate. The applicant's car does take up one of those spots because the garage is used for the grooming. So, there would probably at least need to be enough for another two vehicles on site. He did not specify. Bryson: I guess, given the nature of the business, even if the owner has two vehicles, it would be an odd situation that would have more than one person dropping it there for grooming, pickup or drop off. In either case probably not staying at the location. Goecke: Ok, thank you. Any other commissioners have.... Ok. Mr. Bryson. Bryson: Yes, concerning the fence. It's very, normal situation for an untreated log fence. Which is somewhat of a different issue if there's no dogs in the yard itself, which would be the case if this were approved. Goecke: Ok. Call for question. VOTE: Glick Yes B son Yes Osborne Yes Goecke No Nord Absent Tunseth Absent MOTION FAILED. Goecke stated this issue could be appealed to the City Clerk within 15 days. 5-b. PT.O2-4~A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that KMC 14.20.245 be amended to provide for limited use of recreational vehicles in the recreation zone. MOTION• Commissioner Glick MOVED to approve PZ02-44 and Commissioner Osborne SECONDED the motion. Goecke opened the issue to public testimony; there was none. Kebschull reminded the Commission this issue was intended to be included with the resolution recommended to council to amend the recreation zone; due to a clerical error it was kept separate. Bryson stated he verified the issue with staff that this issue would apply only to several large lots in the Section 36 area. VOTE: Bryson Yes Osborne Yes Glick Yes Goecke Yes ~.inseth Absent Nord Absent MOTIC~i ~,~SSED UNANIMOUSLY. 5-c. AZ02-48 -- An application to amend the official zoning map to rezone a portion of Lot 1, Yragui Subdivision (formerly a portion of Government Lot 61) from suburban residential to general commercial. Application submitted by David Yragui, P.O. Box 1290, Kenai, Alaska. MOTION• Commissioner Osborne MOVED to approve PZ02-48 and Commissioner Bryson SECOI~ED the motion. VOTE: Osborne Yes Glick Yes B son Yes Goecke Yes 'l~nseth Absent Nord Absent MOTI+~N PASSED UNANIMY. ITEM 6: OLD BUSINESS -- None ITEM 7: 7-a. Amend sign code -Sandwich Board Signs -Limit permitted display time. Kebschull stated she expected Pat Porter to be in attendance to address the issue. To date, one sign per lot up to 16 square feet is allowed in commercial or industrial zones. MOTION• Commissioner Bryson MOVED to postpone discussion on. the sandwich board signs and Commissioner Osborne SECONDED the motion. There were no objections. SO ORDERED. 7-b. Discussion -- Off Street Parking Commissioner Osborne stated the parking situation on Forest and Toyon Way appears insufficient; five garages are numbered but there are currently six units. Additionally, the excavation work underway has not been approved. Kebschull stated the situation in question is being reviewed by the building official as the applicant has stated there are 1.5 parking spots per unit; which is not allowable. Commissioner Glick also stated he visited the site and found parking in the area to be inadequate. ITEM 8• -- None ITEM 9: CODE ENFORCEMENT-- None ITEM 10: REPORTS -- None 10-a, City Councii -Councilman Bannock reported on the following: • Provided a recap of City Council action items, and • Stated a small change to the amendment regarding recreational vehicles would be forthcoming. 10-b. Borough Planning -- Commissioner Bryson provided a recap of Borough Planning action items. 10-c, Admiaistration -- City Planner Kebschull reported the Planning f3epartment is working on a yearly report. ITEM 11: PERSONS PRESENT NOT SCHEDULED --None ITEM 12• 12-a. "Zoning Bulletin" -July 10, 2002 8c August 10, 2002 12-b. Appesi letter regarding PZ02-37 (Quade) submitted by Ono Wilbert 12-c. Angler Acres Special Use Permits 12-d. Quarterly Report -Code Enforcement ITEM 13 : COMNIISSION COMMENTS d~ QUESTIONS -- None ITEM 14• ADJOURNMENT The meeting adjourned at 7:55 p.m. Minutes prepared and transcribed by: Sharon M. Harris, Department Assistant PLANNING 8s ZONING woRK sE3SIoN CITY COUNCIL CHAMBERS AUGUST 14, 2002 8:05 P.M. NOTES Commission Members Present: Goecke, Bryson, Glick, Osborne Commission Members Absent: Tunseth, Nord Staff Present: Councilman Bannock, Councilwoman Swarner (from 8:30-9:00 p.m.), City Planner Kebschull, Department Assistant Harris Others Present: Kevin Waring (Kevin Waring Associates) and Elizabeth Benson (Benson Planning Associates) Waring presented the Commission with a draft Land Use-Plan for review. The following items were discussed: Land Use: • Councilman Bannock voiced his concerns regarding the possible misrepresentation of listed land suitable for Industrial or Commercial zoned areas. Bannock stated most of land represented for the Commercial zone is actually marshland and incompatible. Waring stated he would re-evaluate this issue. • Regarding the notion of establishing a city center, Waring stated the area with the most traffic is Bridge Access Road and the Kenai Spur Highway and could be a good location for city center and Millennium Square. • Waring and the Commission discussed new development and possible ways to encourage businesses to utilize existing buildings. The following ideas were heard: -- Charge a higher tax for vacant or dilapidated buildings to discourage abandozament. -- Bryson stated a reason existing property is not being improved is due to the current expansion and until the price of property is higher, people will continue to build new. -- Developing a need for hotels outside of tourism (conventions, etc) could encourage property improvement. A study of the tourism and convention industry should be completed to assess the business potential. -- Waring suggested a `carrots and sticks' philosophy involving incentives towards building structures in the desired `town center.' --Commercial development that is highway oriented should be aesthetically suitable. /~~ STAFF REPORT To: Planning & Zoning Commission Date: August 16, 2002 Res: PZ02-51 GENERAL INFORMATION Applicant: Segesser Surveys 30485 Rosland Street Soldotna, AK 99669 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use; Land Use Plan: ANALYSIS Preliminary Plat -Keemau Subdivision Tract 1, Keemau Subdivision 1711 Lawton Drive (Current} 04522021 (Current} RR -Rural Residential Vacant Low Density Residential Plat subdivides 9.281 Acres from a large unsubdivided parcel of land. Piat meets !ot size requirements for the zone. Sewer is available from Lawton Drive. Water is currently being extended past this parcel. Notes on the plat should be corrected to say that parcel is subject to City of Kenai setback requirements and zoning. Cit En ineer; This is a Kenai Peninsula Borough parcel that is being platted as part of a future land sale. No installation agreement is needed. Building Official: No building code issues. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resoiution No. PZ02-51 2. Preliminary Plat CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ02-5'I 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 Keemau Subdivision was referred to the City of Kenai Planning and Zoning Commission on August 1 fi, 2002 and received from Se esser Surve s. WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1 . Plat area is zoned RR -Rural Residential and there#ore subject to said zone conditions. 2. Water and sewer: Sewer available - Water being exte_ _n_ ded and will be 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. fi. 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 KEEMAU SUBDIVISION SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, August 28, 2002. 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(.~ July 22, 2002 CITY OF KENAI 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 August 14, 2002: PZ02-43-An application for a Conditional Use Permit for a retail business to operate a pet grooming business from the property known as 1802 4~' Avenue {Lot 6, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Application submitted by Nancy Henricksen, 1802 4`h Avenue, Kenai, Alaska. The meeting will commence at 7:00 p.m. in the Kenai City Hail 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 99fi11-7794 prior to the meeting. For more information please contact Marilyn Kebschull at 283-7535 extension 235. YQU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN INTERESTED PARTY ~r ~~ ~ ~ -~ 210 FiDALGO AVE., SWTE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 l~ +Ir•...wnK 4I~I~1 1992 STAFF REPORT To: Planning & Zoning Commission Date: ,luiy 9, 2002 Res: PZ02-43 GENERAL INFORMATION Applicant: Nancy Henricksen 283-8746 1802 4"' Avenue Kenai, AK 99611 Requested Action: Conditional Use Permit - Retail Business Pet Grooming} Legal Description: Lot 6, Block 2, Spruce Grove Subdivision Street Address; 1802 4"' Avenue KPB Parcel No.: 04302018 Existing Zoning: RS - Suburban Residential Current Land Use: Residential Land Use Plan: Medium 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; 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 0243 Comment.doc Page 2 design, operation of the use and other similar aspects related to the proposed use. Applicant was unaware that a conditional use permit was required to operate her dog grooming business from her residence until contacted by the City`s code enforcement officer. Once contacted, Ms. Henricksen completed an application for a conditional use permit for her business, Groomingdales. Ms. Henricksen was advised to remove a sign she had at the property advertising her business until after the public hearing and the Commission's decision. Ms. Henricksen explained that animals are dropped off and picked up around the bus schedules. She went on to explain that she normally grooms between three and six animals per day. She believes there is little impact from the business on her neighbors. Ms. Henricksen stated she has not had complaints from any of her neighbors. Applicant noted in her description of the business, "day care for dogs {minimai~." It should be clarified that keeping the animals other than the time necessary far the grooming may require a kennel permit from the Anima! Control Officer. Bill Godek, Animal Control Officer stated he was aware of the facility and noted it was sanitary. Mr. Godek stated he has never received any complaints regarding the facility. There are no permits required from his office for this business. City Engineer: Current parking appears to be minimal. Encourage additional off-street parking be createdlimproved. Building Official: No additional comments. RECOMMENDATIONS The business has operated from this location for sometime without any complaints. It appears that the business, as conducted, does not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ02-43 2. Application 3. Drawings CITY OF KENAI PLANNING AND ZONING COMMISSION RECONSIDERATION OF RESOLUTION NO. PZ02-43 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: _NancYHenricksen dl~a_Groomingdales , ,, USE. Pet Groomin~_ LOCATED: 1802 4 Avenue -Lot 6 Block 2 S ruce Grove Subdivision (Street AddresslLegal Description) ~' KENAI PENINSULA BOROUGH PARCEL NO: 04302018,' WHEREAS, the Commission finds: , :, 1. That an application meeting the requirements:of Section 14.20.150 has been submitted and received on: JuIY_8.20.02 r „ ,.-- 2. This request is on land zoned: RS - S ~iurban Residential 3. That the appiicant has demonstrateclw+-ith plans and other documents that they can and wil! meet the following spe,~ific requirements and conditions in addition to existing requirements: a. `, ,;:: ~. b. E~ 4. That a duly advertised puf~(fc hearing as required by KMC 14.20.280 was conducted by the Commission on: August 14. 2002, a Motion for,.Reconsideration 5. Applicant must comfy with all Federal, State, and local regulations. NOW, THEREFORE, ~ IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF T~~ CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED AT THE PROPOSED Pet Groomin Business MEETS THE CONDITIONS RE UIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION D ES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROP . ATE PERMIT. PASSED BY~HE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, A SKA, August 28, 2002. CHAIRPERSON: ATTEST: CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO, PZ02-43 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: Nancy Henricksen. d_ba Groomingdales USE Pet Grooming LOCATED: 1802 4"' Avenue -Lot 6 Black 2^S nice Grove Subdivision (Street Address/Legal Descriptianf KENAI PENINSULA BOROUGH PARCEL NO: 04302018 WHEREAS, the Commission finds: 1. That an application meeting the requirements df Section 14.20.1 b0 has been submitted and received on: July 8. 2002 2. This request is on land zoned: RS - ntial 3. That the a nt has demonstre~ed\with plans and other documents that they c and will et the foll ~m specific requirements and conditions in dition to existing eq 'reme `ts: a. b. 4. That a d !y advertised ubiic hearing as required by KMC 14.20.280 was conducte by the Co mission on: August 14. 2002 _ _ 5. Applicant with all Federal, State, and local regulations. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED Pet Grooming Business MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFI=~CIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA. .August 14, 2002. CHAIRPERSON: ATTEST: RECEIVED Ju. ~ 82002 CITY 4F K ~~ ~ ` C1TY OF KfNAI L~ PAiiTM 2t0 FIdALGO AYE., SUITE 20p KENAI. ALA$iCA ppBt1-77pq TELEPHONE 9Qy283.7b35 FAX p47-78.3014 `f~~1,' CONDITIONAL USE PERMIT APPLICATION Date: ~ b ~ Applicant's Name: ~ L l ~~ Phone: Z 3 ~ ~ 7 Business Name: t. ~{ 1V C~ L~ Vl/1 l V\G ~~ S Mailing Address: :. ~-k. ~~ ~ 1 1 p Street Address: 5(~I~t~ (Where permit will be operated from.) Legal Description of Property: ~ ~ ~~ ~?j ~ ~. Kenai Peninsula Borough Parcel No.: _ C7c'~ ~ a ~2 0 1 ~ City of Kenai Zoning: _. ~ S S t~.~~ a ~ ~P 5 ~ ~ n Pmvide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ~ ~M~ ~CQShi h l S ~~j~,1,`q ~ ~t~" t,~,yl(,y4Q b~(,r ;~~ ~~~ ~~~ , ok~., cc~,we. r~m~~ Cv~~~^wrad 1 1'S t.~1 U . ; ~~Vono ~C~l ~~~~ -~ ~~ 5~~1 ak ~,v~u.~ I~-W,~******** ~su.~r~. bG`~it " f U~ VV11 V\ 1-MG~- t 1~17~.'t~~1/ Vl S0. ~. U.SI h ~ -~ X l S~ K ~ ~~ ~ e~~~~~~ ~~ w ~ ~.. GE.S `~C~.~, ~a }bow cxlh 1 ma.-~ 5 ~v 1 c~v~ a•lr. ~~ ~ - r~ r` _ The followin information must be rovided before our a lication 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 Dave attached verif cation by the owner of the property that I have permission to apply for this Conditional Use Permit. Attached aze 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 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.harmany 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 welfaze. I certify that the information provided is accurate to the best of my lmawledge. Applicant: ~GW~ Date: Attachment: I{MC 14.20.150 C:IWPDOC5IF0RMSIC0NDITIONAL USE PERMIT Application.doc i 1 f i t l i ~~ ~. t ^- r- ~. -- ---_, ~ ~,, ~., t ~t ~~~,~ ~, r ~ ~ . \ ~~~ ~' ~ ~~. 5 ~ ~ ~~ ~ ~~ ~ ~ ~ ~ \ ,\ ~` ~~ , \ ~ ~~C~~h .\~ ~. •~, J .~ r ~~ ~~ ~~ J 7 s o? (~ Cdr ~~ ,~ c~ ~~ ~~ ~s~ -~- ~~ ~ ~ ,, ~'\ ~~ ~ ~`~. .,,\\ ..\ :-, ~~~ ~~ '` `\ \\ ~` ,`` ,, ~, \~ ~~ ~ . .,~~ ~. k~ ,. ~ ~ ~rn~ -~- - _ _ _ _ _ -` ,ate S ~ "~ _~ ~ ~ ~~ :~-~ ~ ~9 ~, ~~~ J ~,~ J C ~ G J R i ~ ~ ~ ~,~~ W' ~~ soE 90+ 1S ~~' 1 ~' II £4ti lsrvosa3~d3r (and aasE ~~a~wao~) ~9E"96 S3a NCI) Lib 60~ ' ~` ~ 50ti ~ ~ I i 'IS N~~~IJ~#= Eon ~ ~o~ ~+ I., s~~ ~~~ soE I C~ ~ V I ~ ~ f ~ r CITY OF KENAI ~~ 210 FIDALGO AVE., SUITE 200 KENAI, ALASKA 99611-7794 TELEPHONE 907-283-7535 FAX 907-263-3014 II ~~I~I~ ~~~ MEMO: TO: Planning & Zoning Commission FROM: Marilyn Kebschull, Planning Administration DATE: August 16, 2002 SUBJECT: Sandwich Signs -KMC 14.20.220{c)(1}{M) BROUGHT FORWARD FROM THE 8114102 MEETING: Councilwoman Porter asked that the Commission discuss a possible amendment to the sign code. Ms. Porter would like to see a possible time limit placed on sandwich board signs. The code now reads, (c) Commercial and Industrial Zones. For purposes of this section; the following districts shall be considered commercial districts: CC, CG, IL, and IH. Signs are allowed in these districts as follows: (1) Allowed Signs Not Requiring a Permit. (M) A sandwich board sign of not more than sixteen (16) square feet exclusive of other signs allowed. Administratively, there is a concern on placing time limits on a sign that does not require a permit because it makes it difficult to enforce the time limit. City Attorney Graves suggested that if the Commission is interested in a time limit, you might want to consider a period of time per month. Does the Commission want to amend KMC 14.20.220 to restrict sandwich board signs to a specific period of time? 1~ STAFF REPORT To: Planning & Zoning Commission Date: 8116102 Prepared By: Imk PZ02-50 GENERAL INFORMATION Applicant: Darla R. Springer 283-3969 Dba White Dove Paper & Design Studio 1206 Third Avenue Kenai, AK 99611 Requested Action; Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Home Occupation -- Art Studio Government Lot 76 1206 Third Avenue 04309010 RS - Suburban Residential Residential Medium Density Residential General Information; KMC 14.20.230 outlines the regulations that allow home occupations in residential areas. Applicant proposes to operate an art studio from her residence. The studio would offer individual instruction as wel! as group classes limited tv no more than five students. The group classes will be limited to once per week. In addition, applicant wilt offer supplies for sale to students. Applicant has provided a detailed application. Art studio is specifically listed as a permitted home occupation. Based on the information provided, the art studio meets the criteria for a home occupation permit. 6250 Comment.doc RECOMMENDATIONS Page 2 Recommend approval. ATTACHMENTS: 1 , Resolution No. PZ02-50 2. Application 3. Drawings CITY OF KENAI PLANNING ~ ZONING COMMISSION RESOLUTION NO. PZ02-50 HOME OCCUPATION PERMIT A RESOLUTION OF THE PLANNING & ZONING COMMISSION OF THE C[TY OF KENAI GRANTING A REQUEST FOR A HOME OCCUPATION PERMIT AS AUTHORIZED BY 14.20.230 OF THE KENAI ZONING CODE, FOR: Art Studio- White Dove Paaer & Design Studio . (Type of Permit} OPERATED BY: Darla R. Springer __ LOCATED: 1206 Third Avenue -Government Lot 76 (Street Address and Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04309010 WHEREAS, the Commission finds: That an application meeting the requirements of Sec.14.20.230, has been submitted and received on August 16, 2002 2. That the application has been reviewed by the Commission at their meeting of August 28, 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 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 1T RESOLVED, by the Planning & Zoning Commission of the City ofi 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 28th day of Au ust 2002. Chairma e6TTEST: ~ , ~~~.~-~~ Whit~iDvlre~~'u~P.-' Fr ~7Pr~c~Vv lzos ~;,-~~av~~ Ke.~,av, AK 9961-7621 907-283-3969 ate,-gam :,max City of Kenai Planning & Zoning Department Attn: Marilyn Dear Marilyn, R~c~~v~o ~ 1 6 20~? C4yC'{ Of KENAi e~w D7#~~k~' Please find enclosed the information needed to apply for a Home Occupation Permit. Description of occupation: I have an art studio that I would like to make available for classes on bookmaking, papermaking and other paper arts. I would teach classes and offer for sale, the supplies for the above crafts. I would also sell my own handcrafted items. My business goal is to market my art and supplies through a web site, catalog sales, private home parties and exclusive showings at local establishments. My studio would be for personal instruction and for the occasional client to see items in person before purchase. When classes are held at my studio, the class would be on a one to one basis or limited to a group of no more than S individuals and not more than one class a week for the group classes. I anticipate that the traffic impact would be minimal since most of my client association will be by appointment only. If regular hours are established, they would also be minimal and be during normal work hours so as not to disturb my family or any of my neighbors. In closing, I truly do not feel that what I am proposing would inconvenience any of my neighbors or I would not be applying for this permit. Respectfully submitted, ~J~~~ ~f~ Darla R. Springer ©a. ~s~ REC~I~~~ HOME OCCUPATION PE I APPLICATION AIJG 1 6 ,~jp DATE: ~S - r ~ -- C7~. L~~NNIAIG D€PgRT1ygNT ~ j0. Q, j~3rr~C~r~ NAME: ~ . ~+ ~~ s ~ {u ;PHONE: ~ ~S3 - 3q ~9 MAILING ADDRESS: ' () ~ ~} n ~ S - `1 a t PHYSICAL ADDRESS: 1 lp Th~, ~ LEGAL DESCRIPTION: r L S t. '~ I ~ ~ 11 S. PARCEL NUMBER: ~ 3 (~ ZONING: 1C S DESCRIPTION OF OCCUPATION: Section 14.2fl.230 of the City of Kenai Municipal Code outlines regulations that allow Home Occupations in residential zones, subject to the following conditions: Nat mare 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 !an showin scare foots e of all structures on the lot includin the residence and an accessor structures. In addition show arkin areas and traffic atterns. Clearl mark the area to be used for the home occu ation. The home occupation shaIi 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: ' ~ f~ - d ******~~ Application reviewed and approved by: fanning & Zoning fficial Date: 8~ Approved by the Planning & Zoning Commission: Date; J~'~a ~ ~~ 2~- E:1WpdocslFORMSIHOME OCCUPATION PERMIT APPLICATION.doc N89°59'W 165.0T e,wod L~ o~ oc9s _o" qpn~ vv Q C'! a C-~ m ~ ® ~ ~ o ~ Gov't. Lot 76 -- a ~ ~ ~ °~ ~ ~ ~ ~8~ ~ ~~ ~ ~ ® ~ 00 O~ ao ~ r ~ 123 ~~ ~ ~ ~. z 2~a' ~ f walk ~°1` of '' ~ _ ..sue -~~r- ~« ~ ~ r N A hOSSB t~y Z ~ r} ~ - _.._ 57.3 .~ _..:, m zs.o'.. • s. ~~ ~~ j ~ / ~ ~\ ~ ~ o s 7 ~ ~ X18.9' ~~O- ~~~ ~ m t0.a R s~ ~ ~ y,i• ~e ~ Nate: Well located inside garage ~ ~ ~®~ ~ G~g~ 1 O ~ ?.3.i' b t5,4 ~~ P>no~~ ~1riNCWa ~ 33' Right Of yEasement 3 r~ Avenue Nag°59'IN i s~.o7' AS-BUILT CERTIFICATION LE ~ ND As-Built Certificate 34.3' _ ~ --- M a D ..h :: . ~ 1_ i~~ ~~- .• .~ . .. - ~ .. ,. ...-. .•I . .- - .._ .__. _ k .~~... ~ :. ... - f _ ~ .. ~ ~~ ~ :::i .. ., .. .I 0 ~-E- 0 -.~ ~ ,~... ~ ~I.. :.. . E _ „~ f ~ r~ a ~- .. 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Np1 t99r ~ 1 ,.. 1211 ixu7 x-=111 • (14124 1-~ s•A Gt-•taz + ' "a c:1--1xo (3~•1zs 1 ~ t3taz6 c~•t2~ 04tH ` .o1_7gTYA- ua9 fl ~ I• a• plo 11 - Z w • no ~ I GL-559 .. - _. - -. -12080 NEIGHBORHOOD INFORMA7ipN H ~i 91 •r ~ ~ w ~ A6 M _ . e O! r Itr 1 .~ I 1 • ItM ~ ~ ` - 6 Ot••17S 01.•17{ • ' E'EI • 1 1110 _• 1108 110? IrN t - ±,.v~,a n`~ _ .-w x~ ~- ~~ ~ , P €~ d` ~~ ' ~~ F i:~ ~. y*~' '7b STAFF REPORT To: Planning & Zoning Commission Date: August 19, 2002 GENERAL INFORMATION Prepared By: nc Res: PZ02-52 Applicant: Michele McCauley-Olson 283-928fi P.O. Box 7681 Nikiski, AK 99635 Requested Action: Home Occupation -Day Care Legal Description: Prot 19, Block O, Woodland Subdivision Part 3 Street Address: 706 Cypress Drive KPB Parcel No.: 04330021 Existing Zoning: RS-Suburban Residential Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS 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 8 children including her own. 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 will be required on June 28, 2004. RECOMMENDATIONS Recommend approval. ATTACHMENTS: 1. Resolution No. PZ02-52 2. Application 3. Drawings CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-52 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 - Michefe's_Daycare ,. _„ ~_ (Type of Permit) OPERATED BY: Michele McCauley-Olson LOCATED: 706 Cypress Drive-Lot 19. Block O, Woodland Subdivision,#3 (Street Address and Legal Description) KENAf PENINSULA BOROUGH PARCEL NO: 04330021 WHEREAS, the Commission finds: 1. Tha# an application meeting the requirements of Sec.14.20.230 has been submitted and received on August 14, 2002. 2. That the application has been reviewed by the Commission at their meeting of Auq~st 28, 2002 and found that all application requirements have been satisfied. 3. That the applican# 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 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 28'h day of AuQUSt 2002. Chairman ATTEST: v~ HOME OCCUPATION PERMIT ~W"T'~" APPLICATION AUK 1 4 2flOZ L,.~.C TY p.___._-_-,---~ DATE: ~ ~ ~LANNIl~G DEPARTMENT NAME: ~ ~ ~ PHONE: ~g ~" ~ C~~ ~(-~ MAILING ADDRESS: ~, ~ ._._ ~ '~ (('~j~ PHYSICAL ADDRESS: ~ , LEGAL DESCRIPTION: C~~ ~ C?.(?~ ~.~ ~ - ~--, ~ 6 -- ~ 7 PARCEL NUMBER: ~~--~t `.._~~ ~~~' ~ E~~NING: i~-~ ~ V"~~ - D ~ns~ DESCRIPTION OF OCCUPATION: ~ ~ ~G '~ 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 lan showin s uare foots e of all structures on the lot, including the residence and any_accessorv structures. In addition show arkin areas and traffic atterns. Clean mark the area to be used for the home occu anon. Q T ;e hor~~e occupation shall be carried on whoiiy within the principal building, or the building which are accessory thereto. Any building used for a home occupation shall be wholly enclosed. r Applicant's Signature: ~ ~-J Date: ~. G..v U Z ***~~*** Application reviewed and approved by: Approved by fhe Planning & Zoning Commission: Date: t ,~ Plannin oning Official E:IWpdocslFORMSIHOME OCCUPATION PERMIT APPLICATION.doc SITE PLAN 706 CYPRESS DR. KENAI, ALASKA FENCE _ _ , PROPERTY LINE STRUCTURE WALLS CYPRESS DRIVE ;c CITY OF KENAI ~~ ~~ e~ ~ ~~~» 210 FIDALGO AVE.. SUITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907.283-7535 FAX 907-283-3014 'I~~I~ ,~~ TO: Planning & Zoning Commission S FROM: Marilyn Kebschull, Planning Administration DATE: August 19, 2002 SUBJECT: Fees The City Manager has asked that the City's boards and commissions be asked to review fees presently charged by the City. As you will recall, the Planning Commission reviewed fees in 2001 and passed two resolutions recommending changes to the current fee schedule. Resolution PZ01-55 recommended raising the fee for items requiring a public hearing from $100 to $200 and Resolution PZ01-5fi recommended that public hearing notices no longer be mailed by certified mail. Both of these ordinances failed at Council. When the Commission made these recommendations, we provided information on the costs of processing the applications. It was clear that the City's general fund was subsidizing special use permits processed by the Commission. This is still the case. The cast of postage has increased again and the cost for newspaper advertisements continues to rise. It is my opinion that the City should not subsidize special use permits. It would be my recommendation that the Commission review the fees again and make a recommendation to administration that can be forwarded to Council. I believe the recommendations made in 2001 were reasonable and should again be considered. In addition, it appears reasonable that there should be some fee for individuals filing appeals. The costs to the City for an appeal are similar to those for public hearings. Notices must be mailed by certified mail and the notice must be advertised in the newspaper. At a minimum, it appears reasonable that the cost to file an appeal should be the same as for public hearings. After the Commission's review and recommendation, Iwill present the information to the City Manager and determine the next step, if any, the Commission should take. ~d CITY OF KENAI rr ~~ ~ ~~Gd~u rr 21D FIDALGO AVE., SUITE 200 KENAI, ALASKA 996f 1-7794 TELEPHONE 907-283-7535 FAX 907-283-3D14 II~~~I ,~: MEMO: TO: Planning & Zoning Commission ~,,{ ,(~ FROM: Marilyn Kebschull, Planning Administration ~~ ' `'~-~ '/ ~'~ DATE: August 22, 2002 SUBJECT: Amend KMC 14.20.200 Attached is a draft resolution and ordinance amending KMC 14.20.200. When reviewing this section of the code, it was noted the code needed clarifying. The proposed amendment will make this section of the code easier to understand. A public hearing r~viill be held on September ] ltn Attachments CITY OF KENAI PLANNING & ZONING COMMISSION RESOLUTION NO. PZ02-54 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT KMC 14.20.200 (ACCESSORY STRUCTURES) BE AMENDED TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. WHEREAS, KMC 14.20.200 allows some accessory structures such as carports, storage sheds or passenger landings to be built within the yard setbacks provided they are not closer than three (3) feet to any lot line; and WHEREAS, such accessory structures should be smaller than 120 square feet in order to be allowed in the setback areas; and WHEREAS, as written, KMC 14.20.200 is unclear whether such items as stairways, fire escapes or eaves may be constructed into the setback areas and, if so, haw close to a lot line they may be constructed. NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION RECOMMENDS THE COUNCIL OF THE CITY OF KENAI, ALASKA AMEND KMC 14.20.200 (ACCESSORY STRUCTURES} TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: (I) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten (i0) feet; (2) Covered but unenclosed passenger landings, carports or storage sheds of not more than 120 square feet and not more than one (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three (3) feet to an adjoining lot; (3) Unenciosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three (3) feet of any lot line; (4). Unenclosed outside stairwa,~re escapes, porches, or Iandin~ places ___ as __well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space m.ay_„extend into a required front yard except, within ten (10) feet of any lot line; [4](~ A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (1 / 3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a)(2), setbacks, ursuant to develo ment tables must be maintained if structure requires a building permit. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 28TH day of August 2002, Chairman: ATTEST: DRAFT CITY OF KENAI ORDINANCE NO. -2002 Suggested by: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 14.20.200 (ACCESSORY STRUCTURES) TO CLARIFY WHICH ACCESSORY STRUCTURES MAY BE BUILT WITHIN THE SETBACK AND HOW CLOSE SUCH STRUCTURES MAY BE BUILT TO LOT LINES. WHEREAS, KMC 14.20.200 allows some accessory structures such as carports, storage sheds or passenger landings to be built within the yard setbacks provided they are not closer than three (3) feet to any lot line; and WHEREAS, such accessory structures should be smaller than 120 square feet in order to be allowed in the setback areas; and WHEREAS, as written, KMC 14.20.200 is unclear whether such items as stairways, fire escapes or eaves may be constructed into the setback areas and, if so, how close to a lot line they may be constructed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that KMC 14.20.200(a) is changed to read as follows: 14.20.200 Accessory structures. (a) Yard Requirements for Accessory Structures. Where yards are required, accessory structures shall be subject to the same requirements as principal structures except as follows: { 1) In an RR and RS zone, the minimum front yard setback for an unoccupied attached or detached garage or carport shall be ten (10) feet; (2) Covered but unenclosed passenger landings, carports or storage sheds of not more than 120 square feet and not more than ane (1) story in height may extend into either side yard or rear yard, but such structure shall not be closer than three {3) feet to an adjoining lot; (3) Unenclosed outside stairways, fire escapes, porches, or landing places as well as cornices, canopies, eaves, and other similar architectural features not providing additional floor space may extend into a required side or rear yard except within three (3) feet of any lot line; ~4) Unenclosed outside stairways, fire, escapes, parches, or landin;~ _ lp_aces as well as cornices, canopies,....,. eaves, and other similar architectural features not providing additional floor space may extend into a re uired front,yard except within ten (10,~ feet of any_,lot line; [4]~ A detached accessory building may be permitted to occupy a rear yard; provided that, not more than one-third (I /3) of the total area of such rear yard shall be so occupied. Except as provided in KMC 14.20.200(a){2), setbacks, per development_,tables, must be maintained Ordinance No. 2002 Page 2 of 2 if structure requires a building permit. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this ~ day of 2002. ®~~T John J. Williams, Mayor ATTEST: Carol L. Freas, City Clerk Introduced: Adopted: Effective: (8/20/02 sp) ~ o~L AGENDA KENAI CITY COUNCIL -REGULAR MEETING AUGUST 21, 2002 7:00 P.M. KENAI CITY COUNCIL CHAMBERS http:j~ .ci.kenai.ak.us BOARD OF ADJUSTMENT HEARINGS: ~ Appeal of Planning & Zoning Commission Denial of 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, Block 6, Redoubt Terrace Subdivision Addition 3 (406 South Forest Drive), Kenai, Alaska. Application submitted by F. DeWayne Craig, P.O. Box 1613, Kenai, Alaska. Appeal submitted by F. DeWayne Craig. • Appeal of Plaruiing & Zoning Commission Approval of PZ02-37 -- An application far 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 McCallum Drive, Kenai, Alaska. Appeal submitted by Ona Wilbert. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered iri its normal sequence on the agenda as part of the General Orders. ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes) I'l'EM C' PUBLIC HEARINGS 1. Ordinance No. 1963-2002 -- Amending KMC 12.20.030 to Prohibit the Storage of Slash for More Than Thirty (30) Days on Property Within the ~~`~ ~~, City of Kenai. a. Substitute Ordinance No. 1963-2002 -- Amending KMC ~~ ~~~7d~ ~~~~ 12.20.030 to Prohibit the Storage of Slash for More Than ~-r.~ GC1~~~~ Sixty (60) Days on Property Within the City of Kenai. q/~~oa . 2. Ordinance No. 1964-2002 -- Amending the Definition of "Mobile Food ~,~~~, Vending Unit" in KMC 5.25.010 to Exempt Units Operating Less Than Thirty (30) Days Per Year from Getting a Mobile Food Vendors Permit. ~- ~~= ~ . 3. Resolution No. 2002-57 -- Selection of Wince-Corthell-Bryson for Architectural/Engineering and Construction Management Services for Kenai Municipal Airport Capital Improvement Projects. ~~~~ ~. 4. Resolution No. 2002-58 -- Approving a Contract to Alaska Roadbuilders, Inc. for the Project Entitled Pillars LID -Chinook Drive and Sockeye Circle - 2002 for the Total Amount of $105,121.f~5. 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 *Regular Meeting of August 7, 2002. ITEM F• ITEM G: OLD BUSINESS ITEM H• NEW BUSINESS ,~o~l'D71~ I. Bills to be Paid, Bills to be Ratified ~i/°'~~~ 2. Purchase Orders Exceeding $2,500 3. *Ordinaace No. 1965-2002 -- Increasing Estimated Revenues and Appropriations by $3,000 in the Airport Special Revenue Fund for Airport Advertising. 4. *Ordiaaace No. x966-2002 -- Increasing Estimated Revenues and Appropriations by $6,250 in the General Fund for a Library Grant From the State of Alaska. r' 5. *Ordinaace No. 19fi7-2002 -- Increasing Estimated Revenues and Appropriations by $2,370 in the General Find for Purchase of a Microfilm Reader/Printer for the Kenai Community Library. 6. *Ordiaaace No. 19fi8-2002 -- Amending KMC 14.20.245 to Provide for Limited Use of Recreational Vehicles in the Recreation Zone. 7. *Ordinance No. 19fi9-2002 -- Increasing Estimated Revenues and Appropriations by $20,000 in the Airport Special Revenue lend for an Air Travel Marketing Study. 8. *Ordiaaace No. 1970-2002 -- Amending KMC 7.10.050, Which Incorporated by Reference the Borough Sales Tax Code, by Adding a Section Providing That There Shall be No Exemption From City Sales Tax for Non-Prepared Food. 9. *Ordinaace No. 1971-2002 -- Amending the Official City of Kenai Zoning Map for that Certain Land Described as a Portion of Lot 1, Yragui Subdivision (Formerly a Portion of Government Lot 61), City of Kenai, Kenai Recording District, Kenai Peninsula Borough, Alaska. ~~~~~ ~ f ~~~~1,•_ 1Q. Discu;ssiaa -- City of Kenai Logo e `~~ ITEM I: REPORT OF THE MAYOR ITEM J: ADMINISTRATION REPORTS i. City Manager 2. Attorney 3. City Clerk ITEM K: DISCUSSION 1. Citizens {five minutes) 2. Council EXECUTNE SESSION -None Scheduled ITEM L: ADJOURNMENT r MEMBERS: Philip Bryson Kenai Ciry Term >~xpires 2004 Brent Johnson Kasi]of/Clam Gulch Term Expires 2003 Todd Petersen East Peninsula Term Expires 2004 hick Troeger Soldotna City Tcrm Expires 2005 ALT1;12NATES Peggy eoscacci 5eldovia City Term Expires 2003 Blair Martin Kalifomsky Beach Term Expires 2003 A B. C. D KENAi PENINSULA BOROUGH PLAT CON ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILD I44 NORTH BINKLEY STREET SOLDOTNA, ALASKA 99669 5:30 p.m. August 26, 2002 Tentative Agenda CALL TO ORDER ROLL CALL APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences a. No excused absences requested. 3. Minutes a. August 12, 2002 SUBDNISION PLAT PUBLIC HEARINGS I. Carl Sholin No. OS KPB 2002-151 Anderson/Stewart Location: City of Homer Postponed from meeting of July 22 at request of City of Homer 2. Abalone Subdivision KPB 2002- 176 McLane/Ninilchik Native Location: West of Sterling Highway, Clam Gulch area 3. Hawkins Estates {name to change) KPB 2002-177 McLane/Hawkins Location: West of Sterling Highway, Clam Gulch area 1~~~ x 1 14 I ,4. Paradise Estates {name to change} KPB 2002-178 Swan/Swaggert Location: West of Echo Lake Road ~~ ,` ~. '~ 5. R & R Subdivision KPB 2002-179 ~~,,.• -~ Swan/Hibbert/Lackey/Virgil •~~'' Location: Caribou Hills, Ninilchik area Mf .fi i' ~~~ 6. North Kenai 2002 Addition KPB 2002-180 Johnson/Tulin Location: East of Island Lake Road, Nikiski 7. North Anchor Forty KPB 2002-184 Ability/McBride Location: East of Sterling Highway and West of North Fork Road Anchor Point AFC 8. Hubbard's View Subdivision KPB 2002-186 Ability/Hubbard Location: East of East End Road, Anchor Point area K-Bay APC 9. Barker Subdivision (name to change) KPB 2002-168 Integrity/Barkman Lacation: North of Sterling Hwy. Off Jim Dahler Rd Action postponed from Aagust 12, 2002 meeting 10. Raven's Garden KPB 2002-185 Whitford/Nelson Location: West of Robinson Loop Road in Sterling 11. Lillian Walli Estates No. 02 KPB 2002-187 Imhoff/1~'aith Luthern/Beachy Const. Location: City of Homer 2 ~- - 12. Harrington Heights Disler Addition KPB 2002-188 ImhofflDisler Location: City of Homer 13. Scenic View Subd. Broste Addition KPB 2002-189 Imhoff/Broste Location: City of Homer 14. Stanley's Meadow Linda and Martin's Addition Revised Preliminary KPB 2002-125 Imhoff/Jones Location: 20 Miles out East End Road K-Bay APC E. PUBLIC COMMENT F. ADJOURNMENT NEXT REGULAR MEETING NOTE NEW MEETING LOCATION! The next Kenai Peninsula Borough Plat Committee meeting wilt beheld on September 9, 2002 in the Kachemak Community Center, 59906 Bear Creek Drive, Homer, at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-262-4441, extension 260 Phone: toll free within the Borough 1-500-478-4441, extension 264 Fax: 907-262-861$ e-mail address: lannin aborou h.kenai.ak.us web site: www.borou h.kenai.ak.us/ lannin de t 3 KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY SOLDOTNA, ALASKA 99669 August 26, 2002 7:30 P.M. Tentative Agenda Philip Bryson Vice Chairman Kenai City Term Expires 20DA Peggy G. Boscacci PC Member Seldovia City Term laxpires 2003 Tom Clar3c PC Member Anchor PoinVNinilchilc Term Expires 2004 Mari Anne Gross Southwest Borough Term Expires 2005 Lynn Hohl FC Member Seward City Term Expires 2005 William Hutchinson Ridgeway Term Expires 1044 James (sham Sterling Term Expires 2043 Brent Johnson PC Member Kasi]of/Clam Gulch Term Expires 2403 Blair Martin -PC Member ICalifornsky Beach Term Expires 2003 Todd Petersen PC Member East Peninsula Term Expires 2044 Sill Smith PC Alember Homer Ciry 'fern Expires 2404 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF REGULAR AGENDA AND ADOPTION OF CONSENT AGENDA All items on the consent agenda are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There wilt be no separate discussion of these items unless a Planning Commissioner or someone from the public so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the regular agenda. If you wish to correment on a consent agenda item or a regular agenda item other than a public hearing, please advise the recording secretary before the meeting begins, and she will inform the Chairman of your wish to comment. 1. Time Extension Requests a. Northwood Acres Arctic Storm Addition KPB 2000-168; McLanes/Gilmartin Location: South of Holt Lamplight Road, Nikiski b. Waterfront Resubd. Bieri Replat KPB 2001-124; Ability/Bieri Location: City of Seldovia 2. Plats Granted Administrative Approval 3. Flats Granted Approval Under 20.04.070 -None 4. Plat Amendment Requests -None 5. Coastal Management Program a. Coastal Management Program Consistency Reviews -None b. Conclusive Consistency Determinations Received from DGC c. Administrative Determinations d. Current Reviews Ray Tauriainen 6• Commissioner Excused Absences PC Member i+lorthwest Borough a. Blair Martin Term Expires 2005 Dick Troeger 7. Minutes PC Member Soldoma City Term Expires 2005 a. August 12, 2002 Plat Committee Minutes b. August 12, 2002 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS Max J. Best (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements Planning director are made.) Dale Bagley E, UNFINISHED BUSINESS -None Borough Mayor F. PUBLIC HEARINGS 1. Vacate the 40-foot frontage road adjacent to the southwesterly boundary of Lots 7 & 8, as dedicated by Bridge Road Subdivision Number Two (Plat KN 84-68}, within Section 4, Township 5 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2002-165; NOTE: No portion of the frontage road lying with the section line easement, nor the section line easement itself, is proposed for vacation; Petitioner(s): Mark Lockwood of Kenai, Alaska 2. Vacate the westerly 3-foot portion of the 33-foot access easement along the east boundary of Government Lots S 1 and 61, adjacent to the 30-foot portion to be dedicated as Candlelight Drive, all within Section 34, Township 6 North, Range 11 West, Seward Meridian, Alaska, the City of Kenai and the Kenai Peninsula Borough. KPB File No. 2002- 166; Petitioners}; David Yragui of Kenai, Alaska 3. Vacate the northerly 66 foot seismograph public right-of--way located within Parce139 as shown on the Ninilchik Right-of--Way Map (Plat HM 84-115), in the Caribou Hills area, located in Section 25, Township 1 South, Range 12 West, Seward Meridian, Alaska. KPB File No. 2002-162; Petitioner(s): Brent Hibbert, Rich Virgil and Thomas Lackey of Soldotna, Alaska 4. Vacate a portion of Lucky Shot Street, the 50-foot dedicated right-af- waybetween Lot 1 Block 11 and Lot 1 Block 12, dedicated by Glacier View Subdivision No. 3 (Plat HM 75-13), within Section 20, Township 6 South, Range 13 West, Seward Meridian, Alaska, tha City of Homer and the Kenai Peninsula Borough. KPB File No. 2002- 167; Petitioner(s): Ken Castner and Paul Hodgdon of Homer Alaska Ordinance 2002-37: Authorizing the Sale of Approximately 0.159 Acres of Land to Herman and Irene Fandel to Resolve a Long Standing Trespass on Borough Land Located within the City of Kenai 5. An Ordinance Accepting and Appropriating a Grant of $74,310 from the State of Alaska for the Kenai Peninsula Borough Coastal Management Program G. VACATIONS NOT REQUIRING A PUBLIC HEARING 1. Vacate the 5-foot utility easement along the east boundary of Lot 9 Block 4 West Brook Estates Phase 02 (Plat KN 2002-037), within Section 27, Township 5 North Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB 2002-183; Petitioner(s): HaII Quality Builders, Clint D Hall of Kenai, Alaska H. SPECIAL CONSIDERATIONS Appeal of Plat Committee approval of Scooter's Landing KPB 2002- 128; IntegritylChumley/Blakely; Location: South of Sterling Highway, off Scout Lake Loop Road SUBDNiSION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 14 plats. J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) A Conditional Use Permit Pursuant to KPB 21.18 for the new construction of a 14' x 28' cabin with a 6' x I4' covered porch within 38 feet of the Ordinary High Water line of Poacher's Cove Boat Basin. This work will occur off the main channel of the Kenai River along the right bank at River Mile 17.2 adjacent to Lot 109, Poacher's Cove Planned Unit Development Amended Subdivision, Section 19, T. 5 N., R. 10 W., S.M., AK, (KPB Parcel LD.: 057-489-04}; Petitioner: Gary & Jane Alden, Sedona, AZ; KPBPC Resolutian 2002-32 2. A Conditional Use Permit Pursuant to KPB 21.18 for the new addition of a 26-foot by 21-foot double car garage with an 8-foot by 10-foot entry way attached to the existing cabin within 30 feet of the Ordinary High Water line of Chum Way South Channel. This work will occur along a channel off the right bank of the Kenai River at River Mile 44 adjacent to Lot 13, Block 4, Kenai River Keys Amended Subdivision, Section 35, T. 5 N., R. 8 W., S.M., AK, {KPB Parcel LD.: 065-290- 11); Petitioner: Roger Klepinger, Sterling; KPBPC Resolution 2002- 33 3. A Conditional Use Permit Pursuant to KPB 21,18 far the new addition of a 9-foot by 9-foot covered picnic area attached to an existing covered area within 10 feet of the Ordinary High Water line of Chum Way South Channel. This work will occur along a channel off the right bank of the Kenai River at River Mile 44 adjacent to Lot 3, Block 4, Kenai River Keys Amended Subdivision, Section 35, T. 5 N., R. 8 W., S.M., AK, {KPB Parcel I,D.: 065-290-21}; Petitioner: Victor Watson, Anchorage; KPBPC Resolution 2002-34 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 FUTURE PLANNING COMMISSION MEETING NOTE NEW MEETING LOCATION! The next Kenai Peninsula Borough Planning Commission meeting will be held September 9, 2002 in the Kachemak Community Center, 59906 Bear Creek Drive, Homer, at 7:30 p.m. OTHER MEETINGS Kachemak Bay Advisory Planning Commission August 29 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 e-mail address: lannin boron h.kenai.ak.us web site: www.borau h.kenai.ak.us/ lannin de t PLANNING & ZONING COMMISSION /C~C'~ Meets Second and Fourth Wednesday - 7:00 p.m. Commission Member Name Home Phone Business Eaxail Address Term and Address Phone Ends Nelson Amen 283-6085 776-8191 2003 P.O. Box 357 Kenai, AK 99611 Carl Glick 283-7644 2004 P.O. Box 528 Kenai, AK 99611 *"Phil Bryson 283-4428 283-4672 2004 P.O. Box 1041 Kenai, AK 99611 John "Ozzie" Osborne 283-5722 283-4855 wizard cr3 ci.net 2005 P.Q. Box 3076 283-5377 (f] Kenai, AK 99611 Larry 'hinseth 283-7282 283-5636 (p) 2005 696 Poplar Circle 283-3062 (~ larrytunset a;hotmail.com Kenai, AK 99611 *Ron Goecke 283-9436 283-7070 2003 P.O. Box 3474 Kenai, AK 99611 Barbara A. Nord 283-9678 262-3958 2003 690 Sycamore Kenai, AK 99611 Councilman Duane Bannock 283-3158 283-3949(p) 1105 First Street 283-6506 (f} Kenai, AK 99611 - Sharon Harris, Department 283-7535, Assistant, Ci Clerk's Office ext. 250 *Chair **Chair (8/8/2002a CITY OF KENAI ,- G~ ell ~ ~4~~„ ~ 210 FIbALGO AVE., SMITE 200 KENAI, ALASKA 99811-7794 TELEPHONE 907-283-7535 _ _ FAX 907-283-3014 '~II~, ,~z August $, 2002 Nelson P. Amen P.O. Box 357 Kenai, AK 99611 RE: APPOINTMENT -PLANNING 8s ZONING COli~l?ISSION City of Kenai At their regular meeting of August 7, 2002, the Kenai City Cauncii confirmed your appointment to the City of Kenai Planning & Toning Commission. The following information in regard to your appointment is enclosed: 1. KMC Chapter 1.90 entitled, "Standard Procedures for Commissions and Committees." 2. Policy regarding boards, commission and committees needing Council approval to request donations from the public and businesses. 3. Council policy regarding work sessions for commissions and committees. 4. KMC Chapter 14.05 entitled, "Planning & Zoning Commission." 5. KMC Title 14 entitled, "Flanning & Zoning." The Flanning & Zoning Commission meetings are held on the second and fourth Wednesday of each month, beginning at 7:00 p. m. at City Hall. Meeting agendas and packets will be mailed to you prior to each meeting. The packet for the August 14, 2002 Planning & Zoning Commission meeting is enclosed. Also enclosed is a 2002 Public Official Financial Disclosure Statement and Instruction Manual. You are required to complete the Statement and return it to me within 30 days (September 7, 2002). If you have any questions, please contact this office. Thank you far your interest in serving the City of Kenai. CITY OF KENAI ~~'.,~ Carol L. Freas City Clerk clf Enclosures .• ., Kenai Peninsula Borough ~~~ Planning Department ~ 144 North Binkley Street Soldotna, AIaska 99669-7599 a (907} 262-4441, extension 260 or 261 toll free within the Borough 1-800-478-4441, extension 260 or 261 ~ FAX {907) 262-861$ . email: planning@borough.kenai.ak.us August 14, 2002 NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF AUGUST 12, 2002 RE: Yragui Subdivision Preliminary Plat The PIat Committee reviewed and granted conditional approval to the subject plat during their regularly scheduled meeting of August 12, 2002. Please contact the Planning Department if you need additional information. This notice and unapproved minutes of the subject portion of the meeting were sent August 14, 2002 to: City of: City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750. Advisory Planning CommissionlCommunity Council: n/a Survey Firm: McLane Consulting Group, P.O. Box 468, Soldotna, Alaska 99669-046$. Subdivider/Petitioner: David & Mary Yragui, P.O. Box 1290, Kenai, Alaska 99611-1290. KPB File Number: 2002-156 RF~El~~p AU7 f 5 ~ 41Z PL4NNfNr~ RK~NAI AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS 6. Yragui Subdivision KPB FILE 2002-156 (Mcl.anelYragui] Staff report as reviewed by Maria Sweppy. Plat Committee Meeting 8/12/2002 Location: City of Kenai Proposed Use: Residential, Commercial Zoning: GC (General Commercial & RS (Suburban Residential) Sewer/Water: City Su ortin Information: This preliminary proposes to reconfigure three government lots and plat vacated right-of-way into the appropriate lots. The vacation of three feet of Candlelight Drive is tentatively scheduled far Planning Commission review on August 26, 2002. if approved, the vacation will resolve an encroachment situation. The Kenai Planning and Zoning Commission reviewed the preliminary plat. They recommended approval with no major concerns. The street names will need to be corrected. Staff recommends the surveyor verify the street names and suffixes with Katie Crane, KPB GIS Technician, prior to final pla#. The replat also results in Lot 1 having a split zoning. The City will resolve this through their process. Staff recommends the surveyor provide documentation from the State of Alaska Department of Transportation to verify that the Sterling Highway right-of-way has been properly vacated. Per KPB Resolution 2000-025, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision or requires their signature on the final plat. if na response is received within 30 days, staff will assume they have no requirements regarding the subdivision and it may be finalized. No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the fallowing conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROVISIONS CONTAINED IN KPB 20.12 AS FOLLOWS: 1. No additions! preliminary information is required. ADDITIONAL REQUIREMENTS FOR ADMINISTRATIVE APPROVAL OF FINAL PLAT IN ACCORDANCE WITH TITLE 20 INCLUDE: 2. Provide or correct dedication andlor approval statement with notary's acknowledgment as needed. 3. State right-of-way. Show source for data used. 4. Survey and monumentation to meet Ordinance requirements; or an exception having been granted. 5. Verify street names, including suffixes. 6. Conform to conditions of KPB Planning Commission Resolution 78-6. 7. Compliance with Ordinance 90-38{Substitute} -Ownership. 8. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. NOTE: APPEAL MAY BETAKEN FROM THE DECISION OF THE PLAT COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR WITHIN 1D DAYS AFTER NOTIFICATION OF THE DECISION OF THE KENAI PENINSULA BOROUGH PLAT COMMITTEE AUGUST 12, 2002 MEETING PAGE 9 UNAPF'ROUE7 MINUTES -~ . Kenai Peninsula Borough /~ Planning Department l ~ -- 144 North Binkley Street ILA Soldotna, Alaska 99669-7599 a (907) 262-4441, extension 260 or 261 toll free within the Borough 1-800-478-4441., extension 260 or 261 ~ FAX (907) 262-8618 email: planning@borough.kenai.ak.us August 14, 2002 NOTICE OF DECISION KENAI PENINSULA BOROUGH PLAT COMMITTEE MEETING OF AUGUST 12, 2002 RE: Bridge Road Subdivision Lockwood Addition Preliminary Plat The Plat Committee reviewed and granted conditional approval to the subject plat during their regularly scheduled meeting of August 12, 2002. Please contact the Planning Department if you need additional information. This notice and unapproved minutes of the subject portion of the meeting were sent August 14, 2002 to City of: City of Kenai, 210 Fidalgo, Suite 200, Kenai, Alaska 99611-7750. Advisory Planning CommissionlCommunity Council: n/a Survey Firm: McLane Consulting Group, P.O. Box 46$, Soldotna, Alaska 99669-0468. Subdivider/Petitioner: Mark Lockwood and Michel Lockwood, P.O. Box 1566, Kenai, Alaska 99611-1566. KPB File Number: 2002-157 RECEIVED AUG ~ 6 2ooz cirir o~ +cENai AGENDA ITEM D. SUBDIVISION PLAT PUBLIC HEARINGS 7. Bridge Road Subdivision Lockwood Addition KPB FILE 2002-184 [McLane/Bianchard] Staff report as reviewed by Maria Sweppy. Plat Committee Meeting 8/12/2002 Location: Corner of Bridge Access RoadlBeaver Loop, City of Kenai Proposed Use: Commercial zoning: IH -Heavy Industrial SewerlWater: On site Supoortin4 Information: This plat will combine two lots created by a 1984 subdivision. If a vacation is approved, a portion of the frontage road will also be platted into the resulting Lot 7A, which will contain 3.9 acres. The vacation petition has been received and will be scheduled for Planning Commission review. The Kenai Planning and Zoning Commission reviewed the plat on May 22, 2002. They recommended approval with concern about the proposed section line easement vacation associated with the frontage road vacation. The plat submitted for Borough review and future vacation review does not include any portion of the section line easement, and the City's concerns appear to have been met. This will be addressed when the vacation is considered at a later date. City water and sewer are no# available to this subdivision. The parent plat was signed by ADEC but carried a very res#rictive wastewater disposal note. The note indicated that the sails on some of the lots in the subdivision were not suitable for on-site wastewater disposal. The two lots being replotted were among those restricted fats. Staff recommends the note be carried forward from the parent plat, as it applies to the lots in this current subdivision, or an engineer's soils report be submitted in compliance with KPB 20.14. Per KPB Resolution 2000-025, if the Certificate to Plat indicates any beneficial interests affect this property, they will be notified and given 30 days from the date of the mailing of the notification to respond. They are given the opportunity to notify staff if their beneficial interest prohibits or restricts subdivision ar requires their signature on the final plat. If no response is received within 30 days, staff will assume they have no requirements regarding the subdivision and it may be finalized. No exceptions have been requested. STAFF RECOMMENDATIONS: Grant approval of the preliminary plat subject to any above recommendations, and the following conditions: REVISE OR ADD TO THE PRELIMINARY PLAT IN ACCORDANCE WITH THE PROV1510NS CONTAINED 1N KPB 20.12 A5 FOLLOWS: 1. Correct or add to the legs! descriptionllocatianlarea. This is a replat of lots 7 and 8 Block One Bridge Road Subdivision No. Two. ADDITIONAL REQUIREMENTS 1=0R ADMINISTRATIVE APPROVAL OF FINAL PLAT 1N ACCORDANCE WITH TITLE 20 INCLUDE: 2. State righ#-of-way. Show source far data used. 3. Note vaca#ion approval date, if approved, or remove vacation depiction if not approved. 4. Survey and monumen#atian to meet Ordinance requirements; or an exception having been granted. 5. Conform to conditions of KPB Planning Commission Resolution 78-6. 6. Compliance with Chapter 20.16.155 D & 20.14 Wastewater Disposal regulations or appropriate note. 7. Compliance with Ordinance 90-38(Substitute] -Ownership. 8. Compliance with Ordinance 93-59 -Payment of all taxes due prior to final approval. If final approval and filing of plat is sought between January 1 and the tax due date, the full amount of the estimated taxes will be on deposit with the Finance Department. KENAf PENkNSULA 80ROUGH PLAT COMMITTEE AUGUST 12, 2002 MEETING PAGE 11 UNAPpR~'JED Ni1NUTES NOTE: APPEAL MAY BETAKEN FROM THE DECISION OF THE PLAT COMMITTEE TO THE PLANNING COMMISSION ACTING AS PLATTING BOARD BY FILING WRITTEN NOTICE THEREOF WITH THE BOROUGH PLANNING DIRECTOR WITHIN 10 DAY5 AFTER NOTIFICATION OF THE DECISION OF THE PLAT COMMITTEE BY PERSONAL SERVICE, SERVICE BY MAIL, OR PUBLICATION. (2.40.080 BOROUGH CODE OF ORDINANCES) END QF STAFF REPORT While reviewing the staff report, Ms. 5weppy advised the Committee that comments from the State Department of Transportation were in the desk packet. Vice Chairman Bryson opened the meeting for public comment. Seeing and hearing no one wishing to comment, Vice Chairman Bryson opened discussion among the Committee. MOTION: Commissioner Troeger moved, seconded by Commissioner Johnson, to grant approval to the preliminary plak subject to staff recommendations. VOTE: The motion passed by unanimous consent. 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II. PROCEDURAL HISTORY On May 15, 2002, Gary Foster applied to modify an existing conditional use permit to include overnight cabin rentals. The existing conditional use permit (PZ 88-27) was granted in 1988 to allow a guide service at 1005 Angler Drive, Kenai. The area is zoned Rural Residential zone {RR). The amendment requested allowance of overnight cabin rentals for five cabins. Under the Land Use Table (KMC 14.22.010), cabin rentals in the RR zone require a conditional use pem~it. The attached rnap of Angler Drive shows the location of the site and other commercial entities on Angler Drive. {Attachment A). The Kenai Planning and Zoning Commission held a public hearing on the permit application on June 12, 2002. The permit request (PZ 02-29} modifying PZ 88-27 was approved by a vote of four to twa. The Commission placed three conditions on the permit: I) It was limited to up to five (5) cabins as long as the other development requirements of the zoning code were met; 2) an initial fire inspection was required with annual inspections thereafter, and 3} the septic• system must meet DEC requirements. ' This permit allows up to five (5) cabins as otherwise allowed under the zoning code. It does not grant a valiance from the Development Requirements Table regarding the amount of squaze footage required per principal structure. For example, the Development Requirements Table might allow only three {3) cabins on this lot without a separate variance. Appeal of Ralph Van Dusseldorp Page 1 of b A. PZOi-02 Four people spoke at the public hearing regarding PZ 02-29. Three of the speakers were nearby residents {two on Angler Drive and one on Ames Road). Their comments focused on the noise generated by the fishers and concerns over whether the site would meet the requirements for a septic system under DEC guidelines. The fourth speaker was an engineer from Ace Engineering, Ame Tikka, retained by the applicant. He testified that while the current septic system is not approved by the DEC, to serve the proposed cabins the applicant would have to construct a system that would be DEC approved. He also testified that he has engineered two DEC approved septic systems on Angler Drive and in his opinion the site was suitable for construction of an approved DEC septic system. Three letters were also submitted to the Commission. Two of the letters opposed the permit and were signed (two each) by three residents of Ames Road and one from Angler Drive. Ames Road is a road neazby Angler Drive, although not directly connected together. (See Attachment A which shows Ames Road in addition to Angler Drive.) The opposition to the permit was primarily due to concern about the water and septic system and noise due to increased occupancy. The third letter was from the applicant and his wife and was in support of the permit. As noted above, at the close of the public hearing the Commission voted four to two to approve PZ 02-29 modifying PZ 8$-27. B. ANGLER DRIVE Attachment A shows the character of Angler Drive. It is a mixed-use azea roughly evenly divided between residential uses and commercial uses. The commet~cial uses are fishing guide services and housing {fishing related lodges, B & B, and cabin rentals). The residential use is divided between seasonal {summer) occupancy and year-round residency. The fishing-related use is limited by the fishing season, lasting roughly eight weeks in the summer. III. PUBLIC FEARING ON THE APPEAL 4n June 1:8, 2002 Ralph Van Dusseldorp, who had spoken in opposition to the permit at the Manning and Zoning hearing, filed an appeal to the Board of Adjustment under KIvIC 14.20.290. The appeal was filed in a timely manner. The Board of Adjustment met on July 17, 2002 to hear the appeal. Five people spoke at the public hearing. Jim Richardson and Ralph Van Dusseldorp (the Appellant) spoke in opposition to the conditional use permit. The applicant, Gary Foster, and his attorney, Rick Baldwin, spoke in favor of the permit. Arne Tikka, an engineer retained by the applicant, spoke Appeal of Ralph Van Dusseldorp Page 2 of 6 regarding the feasibility of installing a DEC approved water and septic on site. The letters in opposition to the permit that had been previously submitted to the Planning and Zoning Commission were included in the record for the Board of Adjustment. While this Board always takes neighborhood opposition into account, that alone is not sufficient to deny a conditional use permit. In Sourh Anchorage Coalition v. Coffey, 862 P.2d 168, 172 n. 11 (Alaska 1993}, the Alaska Supreme Court held that while "a planning board may always take evidence and testimony from community members into account in making its permitting decisions ... it may not rely on neighborhood opposition alone as a reason to deny a permit." IV. DISCUSSIQN AND FINDINGS Under KMC 14.20.150(d), the Board of Adjustment must apply five review criteria to determine whether a conditional use permit should be granted. A. The first criterion is whether the use is consistent with the purpose of the zoning code and the intent of the zoning district {RR). The intent of the RR zone is to provide fora "low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment." KMC 14.20.080(a). The RR zone provides the most flexibility in the land use table for development of conditional uses because of the diverse nature of the RR zone in Kenai. It is by far the largest zone in the City. In order to work, it must be flexible. Other zones, such as Suburban Residential (RS}, provide much less flexibility for conditional uses. We note that cabin rental is specifically mentioned in the Land Use Table as an allowed conditional use providing the criteria of KMC 14.20.150 are met. We find the first criterion has been met. B. The second criterion is whether the value of the adjoining property and neighborhood will be significantly impaired. The was no evidence or testimony indicating the value or the neighborhood or adjoining property would be impaired at all, much [ess "sigtificantly impaired." We find the second criterion has been met. x C. r The third criterion is whether the proposed use is consistent with the comprehensive plan. The 1992 Kenai Comprehensive Plan {Revised 1996), on Page 22, notes that the City should protect "established residential neighborhoods from intntsion by incompatible land uses (i.e., auto sales or repair, warehousing, waste disposal)." The use in question is Appeal of Ralph Van Dasseldorp Page 3 of 6 not one of those disfavored by the comprehensive plan. The Angler Drive neighborhood is no longer a primarily residential neighborhood. The proposed use is compatible with the mixed use (seasonal fishing-related commercial, and seasonal and year-round residential) already established in the area. We find the third criterion has been met. D. The fourth criterion is whether public services and facilities are adequate for the proposed use. The area is not served by city water and sewer services. The proposal will not affect the City's utilities in the area. There has been no suggestion that electrical or telephone services are not adequate to service the proposal. Neither has it been suggested or azgued that traffic in the area would be significantly impacted by the proposal. We find the fourth criterion has been met. E. The fifth criterion is whether the proposed use would be harmful to the public safety, health or welfare. The primary concern expressed during the public hearing in this regard was whether the septic system would be adequate for the cabin rentals. Potential contamination of the Kenai River and the surrounding wetlands is a legitimate concern. Arnie Tilcka, an engineer with Ace Engineering testified during the public hearing that he examined the property and found that a DEC approved system could be constructed to accommodate the planned rental cabins. He testified that he had engineered DEC approved systems on Angler Drive for similaz developments. The applicant, Gary Foster, testified that an DEC approved septic and water stystem, "will, I'm sure, be part of the conditional use permit, which we expected to do." This Board has previously deferred to the expertise of the DEC as to what type of water and septic system is appropriate to a particular parcel and use; holding only that when such concerns arose the applicant needed to meet DEC requirements.Z Thus, while we agree the water and septic system is a concern, we hold that the concern is adequately addressed if the applicant is required to utilize a DEC approved water and septic system for the cabins. The Conunission required the applicant to get an DEC approved septic system as part of the permit. Wa add.an additional tequirement that an DES approved water system is also required. Mr. Van Dusseldorp also raised the issue of noise during the July 17 Board of Adjustment and the June 12 Planning and Zoning hearings. He stated the fishers arrive early in the morning and the noise generated by them and the fishing boaz motors disturbs his sleep. However, it does not appeal from the record that this proposal will not increase Appeal of Ralph Van Dusseldorp Page 4 of 6 the numbers of fishers using the existing guide service, rather the ones using the service will stay at cabins on site rather than staying off site and driving to the location. It does not appear the proposal itself will significantly increase the noise that Mr. Van Dusseidorp complains of. While there will be some increase in the noise due to the presence of five cabins, the primary cause of noise {the existing guide service) will not be affected by the proposal. We find the limited increase in noise caused by the new cabins does not justify denial of the permit. We find the fifth criterion has been met. V. CONCLUSION KMC 14.20.290 {b){2} allows this Board to "reverse, affirm, wholly or partly, ar modify the order, requirement or determination [of the Planning and Zoning Commission] as ought to be made." KMC 14.20.150(d) authorizes granting of the conditional use permit if the five criteria discussed above are met. Because we find the conditions can be met if the permit is modified to require the five cabins utilize both an approved DEC septic system and an approved DEC water system, we uphold the issuance of the conditional use permit, including the conditions required by the Commission, with the above- ntentioned modification to one condition. DATED this 19'x' day of August 20Q2. Linda Swarner, oazd Member es C. Boakey III, Baazd Membe Duane Bannock, Board Member ~~ Dore, Board Member ~ - ~ -- -~ Amy E. ckman, Board Member Appeal of Ralph Van Dusseldorp Page 5 of 6 . ~ - ~\ f ~ ~ --" ~-' ~~~- / jl( ~~ ~~. Pat Porter, Board Member DISSENT: I respectfully dissent from the decision of the Board because I would Iimit the permit to a combined maximum of five units regardless of whether they are cabins or RV's or a combination of both. ~~ _~__ i ~ ~~ ~ -~ ~ .i / ~ ~`~ John J. W' lams, Board Member ~~ NOTE: This decision constitutes a final order under Alaska Appellate Rote 642. An appeal of this decision to Superior Court must be filed within thirty (34) days of the date of this decision. 1 Page S of the verbatim transcript of the public hearing of July 17, 2002 before the Board of Adjustment. 2 1TM0: The appeal of James Krein regarding the granting of faun conditional use permits: PZA1-02, PZO1-03, PZO1-04 and PZOl-0S, at page 6, case no. BA-01-1 (Kenai Board of Adjustment, April S, 2001). Appeal of Ralph Van Dusseidorp Page 6 of 6 CONE VE. ~~, `~ ~ Cabin Rentals - Jam, ,~ ~~ F I I HoEel 8 5hortterm Rentals • Lowe ~---1 1 ~~ 1-----~ ~ VariancelP~incipal Structures - Jehn Bt .Permit 4 ~, 1215 -~ Cabins Rentals & Guide Service i 1230 ~ '~t '~ ' ~~ ~ A Vaeamt Guide Service - Fandel Vacant ', 132-: _. i /! i' i~ // /' Attachment A ~: rs .~ C'~ S S ~• O Z W W Z O N N O V C7 Z Z O N o~S ~ C7 _Z Z Z ~ a ` a ~ N W Z ~ Y Y } W m U i 0 p p C 7 O C7 N ui Z ~ ~ ~ w m Y v O O C m C '.7 7 ~~~~, _~ N' ~~~ ly N r W Z W Z O Y ~ ~ ~ ~ m U 0 m C 7 O C7 w Z ~ ~ cn w m Y U 0 O m C 7 C7 ,,~ `~ V N W Z W Z ~ ~ N ~ m ~ U ~ O (!1 ~ m C7 O C7 i j i ~a 3_ N w Z Y ~ ~ w m Y U 0 m C 7 O C7 .~ r~ r~~ ~_ ..~ ~'" .~ ^~^1 \v O C7 Z H W W Z 0 0 U C'~ Z Z O N obi C7 Z Z Z a J d z_ 3 7 N G I Z ~ W Z ~ W ~ m } Z OC V m H Z O C7 N W Z H ~ o N X 0 ,~ } Z 0 0 V H Z O C7 .~ .~ ~ .. -~ `~ `~~~ -~ 4 ~. ~- ~.~`5 ~ TT 1 W Z ~ ~ O } Z O O W U m ~ N ~ ~ m ~- O Q C7 N W Z ~ Z ° N o o ~ } Z m m V m ~ O fn ~ m H Z O C7 Cz J N ~ Z = ~ W ~ } w Z OOC 000 ~ U m ~ Z O C7 N = W Z F .- Z >- Z CiC m V pC ~ O (A ~ m I- Z O C7 1 AGENDA PLANNING & ZONING COMMFSSION August 28, 2002 7:00 P. M. KENAI CITY COUNCIL CHAMBERS httn:llwww.ci.kenai.ak.us 1. SCHEDULED PUBLIC COMMENT: 2. CONSIDERATION OF PLATS: a. PZ02~1-Preliminary Plat- Keemau Subdivision. Plat submitted by Segesser Surveys, 30485 Rosland Street, 5oldotna, Alaska. 3. PUBLIC HEARINGS: 4. OLD BUSINESS: a. PZ02-43-An application for a Conditional Use Permit for a retail business to operate a pet grooming business from the property known as 1802 4th Avenue {Lot 6, Block 2, Spruce Grove Subdivision), Kenai, Alaska. Application submitted by Nancy Henricksen, 18D2 4th Avenue, Kenai, Alaska. Motion for reconsideration -Commissioner Goecke. b. Amend sign code -Sandwich Board Signs - Llmit permitted display time. Brought fonrrard from the 8114102 meeting. Discussion. NEW BUSINESS: a. *PZ02~0-Home Occupation Permit (Art Studio)-For the property known as 1206 Third Avenue (Government Lot 76), Kenai, Alaska. Application submitted by Darla R. Springer dba White Dove Paper 8 Design Studio, 1206 Third Avenue, Kenai, Alaska b. *PZ02-52--Home Occupation Permit (Day Care}-For the property known as Lot 19, Block O, Woodland Subdivision, Part 3 {706 Cypress Drive}. Application submitted by Michele McCauley-Olson, P.O. Box 7681, Nikiski, Alaska. c. Public Hearing Fees -Discussion. d. Amendment to KMC 14.20.200 Accessory Structures -Discussion The public fs invited to attend and participate. The meeting will commence at 7:00 p.m. in the Kenai City Council Chambers. Additional information may be olrtained at City Hall, at the City of Kenai web site (www.ci.kenai.ak.us), or by tailing 283-7535 extension 235. Marilyn Kebschull Planning & Zoning Administration Publish: August 26, 2002