HomeMy WebLinkAbout2003-07-23 Planning & Zoning PacketCITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 23, 2003 - 7:00 p.m.
1. CALL TO ORDER:
a. Swearing in of Commissioner Barrett
b. Roll Call
c. Agenda Approval
d. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and
will be approved by one motion. There will be no separate discussion of these items unless a Commission
Member so requests, in which case the item will be removed from the Consent Agenda and considered in its
normal sequence an the agenda as part of the General Orders.
2. '*APPROVAL OF MINUTES:
a. *July 9, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ03-31-Preliminary Plat -Kenai Townsite ACS Replat. Plat submitted by Integrity Surveys, 505
Swires Road, Kenai, Alaska.
5. PUBLIC HEARINGS:
a. PZ03-28-An application for a Variance from the Development Requirements Table {Height Restrictions -
+/- 2-Foot Variance) for the property known as Lot 9B, B1, VIP Country Estates (2515 Watergate Way},
Kenai, Alaska. Application submitted by Chris and Lori Every, P.O. Box 2764, Kenai, Alaska.
b. PZ03-29-An application for a Conditional Use Permit for Business/Consumer Services for the property
known as the East 50' of that portion of Government Lot 321ying north of the Kenai Spur Highway (8498
Kenai Spur Highway), Kenai, Alaska. Application submitted by Crystal Giles dba Midnight Agency, P.O.
Box 686, Kenai, Alaska.
6. OLD BUSINESS:
7. NEW BUSINESS:
*a. PZ03-30-An application for a Home Occupation Permit for operating a daycare at the property known as
Lot 1, Block J, Woodland Subdivision Part 1, 520 Ash Avenue, Kenai, Alaska. Application submitted by
Michele McCauley-Olson, 520 Ash Avenue, Kenai, Alaska.
$. 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 (6125103)
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION ~~
AGENDA
CITY COUNCIL CHAMBERS
July 9, 2043 - 7:44 p.m.
CALL TO ORDER:
a. RoQ Call
b. Agenda Approval
c. Consent Agenda
*All items listed with an asterisk (*) are considered to be routine and non-controversial by the
Commission and will be approved by one motion. There will be no separate discussion of these
items unless a Commission Member so requests, in which case the item will be removed from the
Consent Agenda and considered in its normal sequence on the agenda as part of the General
Orders.
2. *APPROVAL OF MINUTES:
a. *June 25, 2003
3. SCHEDULED PUBLIC COMMENT:
4. CONSIDERATION OF PLATS:
a. PZ03-27-Preliminary Plat --McCann Subdivision - Luoma Replat. Plat submitted by
Integrity Surveys, 605 Swires Road, Kenai, Alaska.
5. PUBLIC HEARINGS:
6. OLD BUSINESS:
a. Kenai Spur Highway Addressing -Discussion
7. NEW BUSINESS:
S. PENDING ITEMS:
9. CODE ENFORCEMENT:
10. REPORTS:
a. City Council
b. Borough Planning
c. Administration
11. PERSONS PRESENT NOT SCHEDULED:
12. INFORMATION ITEMS:
a. KPB Notice of Plat Committee Meeting of June 23, 2003 -Hannah Estates
b. KPB Notice of Plat Committee Meeting of June 23, 2003 -- Kay Lynn Subdivision No. 3
13. COMMISSION COMMENTS & QUESTIONS:
14. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JULY 9, 2003 - 7;00 P.M.
CHAIRMAN RON GOECKE, PRESIDING
MINUTES
ITEM 1: CALL TO ORDER
Chairman Goecke called the meeting to order at approximately 7:O l p.m.
1-a. Roll Call -- Roll was confirmed as follows:
Present: Harnmelrnan, Eldridge, Amen, Glick, Goecke, and Bryson
Absent: None
Others Present: City Clerk Freas and City Planner Kebschull
1-b. Agenda Approval
MOTION:
Commissioner Glick MOVED to approve the agenda as submitted and requested
UNANIMOUS CONSENT. Commissioner Eldridge SECONDED the motion. There were
no objections. SO ORDERED.
1-c. Consent Agenda
MOTION:
Commissioner Bryson MOVED for approval of the consent agenda and requested
UNANIMOUS CONSENT. Commissioner Glick SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 2: APPROVAL OF MINUTES -- June 25, 2003
Approved by consent agenda.
ITEM 3: SCHEDULED PUBLIC COMMENT -- None.
ITEM 4: CONSIDERATION OF PLATS
4-a. PZ03-27-Preliminary Plat -McCann Subdivision - Luoma Replat. Plat
submitted by Integrity Surveys, 60S Swires Road, Kenai, Alaska.
MOTION:
Commissioner Bryson MOVED to recommend approval of PZ03-27 with the
incorporation of the staff comments and Commissioner Glick SECONDED the motion.
Kebschull reviewed the information included in the packet and noted the following:
• The plat is a request far a fairly extensive vacation along Aspen Drive; if
the vacation is approved, it would leave the right-of way at 42.77 feet, below the
minimum code requirement of 50 feet for right-of--ways; and, to allow the right-of--way
width of 50 feet requires the majority vote of the Commission. Due to those concerns,
Administration believes the vacation request, as submitted, could not be approved.
• The request for the vacation came about because the property owner
wanted to acquire a building permit and could not due to the encroachment and an
encroachment permit cannot be approved because the structure is in the right-of--way.
The vacation is an effort to eliminate the encroachment.
+ The property owner wants to remove the front portion of the structure
and rebuild it. The building code does not require the setbacks the zoning code
requires because it is aright-of--way on both sides; the structure, as it sits with the
vacation, meets the building code. The Building Official felt, if the front section of the
structure was removed and instead of building it in the same location, it could be
moved over and perhaps the 50 foot right-of-way requirement could be met. However,
based on further review, it did not appear that would be able to be accomplished as it
appeared they would be approximately two feet shy of meeting the SO feet. Even if the
50 feet could be met, they would have an approximate three foot overhang of the eave
and it would be an encroachment into the right-of way and an encroachment permit
would not be attainable.
• Based on all these items, it was staff recommendation the structure
remain as it is (a non-conforming structure) and the vacation be denied.
Discussion followed relating to the history of the building, i.e. built in 1950 and the
plat recorded in 1969, the plat inclicates the building setbacks of 25 feet, however the
structure was not noted on the lot and it is unclear what portion of the structure was
there in 1969. Kebschull distributed photographs of the structure and an as-built of
the property.
Bryson stated, in reviewing the photos, it appeared there was desire to abandon the
front portion of the building at some time and then build within the lot itself, however
it was not done and one or more additions were made to the building. He added, he
feels to concur in a vacation of this nature would dramatically affect the neighbors and
it has affected the neighbors for a lengthy period in the past because the city was not
seasonally maintaining the road.
Other comments noted were:
• It was not the garage section that was as much trouble as the main
house which was in the encroachment.
PLANNING & ZONING COMMISSION MEETING
JULY 9, 2003
PAGE 2
• An encroachment permit could be approved for a zero setback, but an
encroachment permit cannot be granted for a structure which has any portion of it
encroaching in the right-of--way. In this case, the eave would still overhang into the
right-of--way by approximately three feet.
• To administration's knowledge, there has not been any precedent on past
decisions for leaving aright-of--way at less than 50 feet.
• The original plats indicate athirty-foot right-of-way with 25-foot building
setbacks on both the McCann Subdivision (recorded 1969) and the McLain
Subdivision (recorded 1957).
Bryson stated he had no question the structure was legal when it was originally built,
however later, a plat was created in which the side setback was legal, though the
structure may have had an encroachment on the front setback. The plat created the
encroachment.
VOTE:
Hammelrnan Yes Eldrid e Yes
Amen No Glick No Goecke No
B son No
MOTION FAILED.
*Note: Clarification of the motion was made in the process of taking the above roll
call vote. Voting yes would mean approval of the plat; voting no would not approve the
plat.
MOTION:
Commissioner Bryson MOVED the staff comments represent the Commission's
Findings of Fact and Commissioner Amen SECONDED the motion. There were no
objections. SO ORDERED.
ITEM 6: PUBLIC HEARINGS -- None.
ITEM 7: OLD BUSINESS
7-a. Discussion -- Kenai Spur Highway Addressing
Information included relating to the addressing of Spur Highway parcels was included
in the packet. Bryson stated, given the input of the investigation of the addressing, it
appeared to him to be quite logical and consistent with the Kenai Municipal Code.
Bryson noted, the City's method, beginning at the "Y" in Soldotna as "0," is the Mile
Post number (expressed in decimals) tunes 1,000, i.e. Mile 14.200 would be a 14200
PLANNING & ZONING COMMISSION MEETING
JULY 9, 2003
PAGE 3
Kenai Spur Highway address. He added, he agreed with administration, no
modification to the addressing was required. Consensus of the Commission was to
not make any modifications of the City's numbering system as defined in the code.
ITEM 8: NEW BUSINESS -- None.
ITEM 9: PENDING ITEMS -- None.
ITEM 10; CODE ENFORCEMENT -- None,
ITEM 11: REPORTS
11-a. City Council -- Councilman Osborne reviewed actions taken by council
at their July 2, 2003 meeting.
11-b. Borough Planning -- No report.
11-c. Administration -- Kebschull reported the following;
• The ordinance for council approval of the Comprehensive Plan would be
introduced at the August 6, 2003 meeting and the public hearing would follow on
August 20.
• An ordinance to amend the code to remove certified mailing requirements
for notification of public hearings will be before council for public hearing on July 16,
2003.
• Commissioners Bryson and Glick will be absent for the July 23, 2003
Planning 8~ Zoning Commission meeting. There are two public hearings scheduled for
that meeting and will be important for the rest of the membership to attend in order to
proceed.
Glick referred to what appeared to be a new residential structure being built on
Fireweed, which is in a General Commercial Zone. Kebschull reported the permit was
approved for the structure and it was not noticed the property was in a commercial
zone. In speaking with the City Attorney, she was told in Alaska law there is estoppal,
which means the city cannot change its previous issuance of the permit allowing a
non-conforming use in the commercial zone. She added, the property Owner has been
notified and told no additions to the structure can be placed unless it would be used
for a commercial purpose.
Glick suggested this property and two other residences in the same vicinity and on the
same side of the street be rezoned to a residential zone which would make them a
conforming use. He added, this would not be spot zoning, in his opinion, because the
properties on the other side of the street are in a residential zone. Kebschull noted the
code allows the Commission to initiate a rezone. The Commission requested she
discuss the matter further with the city attorney.
PLANNING & ZONING COMMISSION MEETING
JULY 9, 2003
PAGE 4
Amen asked if Kevin Waring would be present during the public hearing of the
Comprehensive Plan ordinance when before council. Kebschull indicated he would
not unless council extended his contract in order to do so. She explained, Waring's
contract expired when the Commission passed its resolution to recommend approval
by the council.
ITEM 12: PERSONS PRESENT NOT SCHEDULED -- None.
ITEM 13: INFORMATION ITEMS
13-a. KPB Notice of Plat Committee Meeting of June 23, 2003 -Hannah
Estates.
13-b. KPB Notice of Plat Committee Meeting of June 23, 2003 -- Kay Lynn
Subdivision No. 3.
ITEM 14: COMMISSION COMMENTS 8b QUESTIONS
Glick restated he would not be in attendance at the Commisson's July 23 meeting.
ITEM 15: ADJOURNMENT
MOTION;
Coxmissioner Eldridge MOVED for adjournment and Commissioner Bryson
SECONDED the motion. There were no objections. SO ORDERED.
The meeting adjourned at approximately 7:31 p.m.
Minutes transcribed and prepared by:
Carol L. Freas, City Clerk
PLANNING & ZONING COMMISSION MEETING
JULY 9, 2003
PAGE 5
~a
STAFF RPPORT
Ta: Planning & Zoning Commission
Date: June 25, 2003
Res: PZ03-31
GENERAL INFORMATION
Applicant: Integrity Surveys 283-9047
605 Swires Road
Kenai, AK 9961 i
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current Land Use:
Land Use Pfan:
ANALYSIS
Preliminary Plat
Kenai Tawnsite ACS Replat
503 Frontage Road & 502 Lake Street
04711103 & 04711113
CC -Central Commercial
Commercial
General Commercial
This is a replat of Lots 3, 4, and 13 - 15 of Block 1, East Addition, Townsite
of Kenai. The plat removes lot lines that structures were built over. The
resulting lots meet the development requirements for the central commercial
zone.
Lot 3A of the preliminary plat will have building walls that are on the property
line. These walls must meet the building and fire code.
City Engineer
A building exists on the new Lot 14A. Final plat must verify there are no
encroachments on this lat.
Building Official:
The walls that will be the property line must be rated with no doors or windows
installed. Verification will be required, A building permit may be issued after
preliminary approval of the plat.
03-31 Comment.doc
RECOMMENDATIONS
Page 2
Recommend approval with the following contingencies:
1. Final plat may not be filed until the building meets the building and fire
code.
2. Plat must verify there are no encroachments. If the building on the
proposed Lot 14A is on the lot line, the building must conform to the
building and fire code prior to the final plat being filed.
ATTACHMENTS:
1. Resolution No. PZ03-31
2. Preliminary Plat
CfTY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ03-31
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE ATTACHI=D SUBDIVISION PLAT BE
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat Kenai Townsite ACS Replat was referred to the
City of Kenai Planning and Zoning Commission on Jul 7 2003, and received
from Integrity Surveys.
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned CC -Central Commercial and therefore subject to said
zone conditions.
2. Water and sewer: Available
3. Plat does not subdivide property within a public improvement district subject
to special assessments. There is not a delinquency amount owed to the City
of Kenai for the referenced property.
4. Installation agreement or construction of improvements is not required.
5. Status of surrounding land is shown.
6. Utility easements, if required, shall be shown.
7. Plat shall verify that na encroachments exist.
8. Street names designated on the plat are correct.
9. CONTINGENCIES:
a. Final plat may not be filed until the building on Lat 3A meets the building
and fire code.
b. Plat must verify there are no encroachments. If the building on the
proposed Lot 14A is on the lot line, the building must conform to the
building and fire code prior to the final plat being filed.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE Kenai Townsite.ACS Replat
SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, July 23, 2003.
CHAIRPEI
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CITY OF KENAI
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~ 2'10 FIDALGO AVE., SUITE 2D0 KENAI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ FAX 907-283-3014
IIII~s
1991
July 9, 2003
CITY OF KENAI
PLANNING AND ZONING COMMISSION
PUBI-IC HEARING NOTICE
The following public hearing has been scheduled for the Planning and Zoning
Commission meeting of July 23, 2003:
PZ03-29-An application for a Conditional Use Permit for BusinesslConsumer Services
for the property known as the East 50' of that portion of Government l.ot 32 lying north
of the Kenai Spur Highway {8498 Kenai Spur Highway), Kenai, Alaska. Application
submitted by Crystal Giles dba Midnight Agency, P.O. Box 686, Kenai, Alaska.
The meeting will commence at 7:00 p.m. in the Kenai City Hail Council Chambers at
210 Fidalgo Avenue, 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 Avenue, Kenai, Alaska 99611-7794 prior to the
meeting. Comments may also be emailed to mkebschull ci.kenai.ak.us. For more
information please contact Marilyn Kebschull at 283-7535 extension 235.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE
PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN
INTERESTED PARTY
STAFF REPORT
To: Planning ~ Zoning Commission
Date: 717103
Res: PZ03-29
GENERAL INFORMATION
Applicant: Crystal Giles 335-4357
Midnight Agency
P.O. Box 686
Kenai, AK 99611
Requested Action: Conditional Use Permit _ BusinesslConsumer
Services
Legal Description: East 50' of that portion of Gov't. Lot 32 lying north of
Kenai Spur Highway
Street Address: 8498 Kenai Spur Highway
KPB Parcel No.: 04517008
Existing Zoning: RR -Rural Residential
Current Land Use: Residential
Land Use Plan: Medium Density Residential
ANALYSIS
General Information:
KMC 14.20.150 details the inten# 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
0329 Comment.doc
Page 2
to access, screening, site development, building design, operation of
the use and other similar aspects related to the proposed use.
Crystal Giles, applicant, proposes to operate a Professional, Scientific and
Technical Services business from the front portion of the building located a# this
location. This business will occupy one portion of the building. The other side
of the building will continue to be a residence. Attached is a detailed description
of the business provided by Ms. Giles. This information further explains the
sen+ices she provides.
The building is accessed from the Kenai Spur Highway. Applicant states that
clients will drop off and pick up from the location and there is sufficient off-street
parking to accommodate vehicles for the business. Employee and residence
parking will be at the rear of the building.
The City has received complaints regarding this parcel. In May 2003, the City
received a complaint regarding pallets of debris and dunk stored behind the
house. The owner of the house, Mr. McCrosky, was contacted by the Code
Compliance Officer. Within days, the debris was cleared from the yard and the
case was closed.
At the same time, the complainant was concerned about possible health hazards
regarding the on-site water and sewer. At that time, this matter was referred to
the Alaska Department of Environmental Conservation (ADEC}. It is unknown
what action, if any, was taken in this regard in May. However, in July, the City
received a second complaint regarding the septic system at this location. The
complainant advised they believed the system was not hooked up and again
noted possible health concerns.
Since receipt of this application, City administration has been in contact with
Margaret French, ADEC. Ms. French made a site visit and believes the old crib
has caved in, and may be the cause of the problems, but she did not observe
any sewage leakage. She stated ADEC would be unable to issue any citations
until there was actual Gproof" that a health hazard exists.
The current owner of the property, Shawn McCrosky, lives in southeast Alaska,
and his sister, Erin McCrosky, is the authorized agent for this property. ADEC is
wilting to work with the property owner, and believes that once the current
system is used, any problems with the system will become evident. There is also
a concern that there may not be the required separation distance between the
on site well and septic. Ms. French stated that an engineer should be hired to
perForm an adequacy test, which will tetl if the current system is operating or not,
and check the separation distances required by the ADEC.
The city of Kenai's Comprehensive Plan states, "Discourage highway
commercial uses in residential neighborhoods which have no direct service
relationship to the needs of residents of the neighborhood." {Page 22) There
are several facets to the proposed business. Those portions of the business
0324 Camment.doc Page 3
that are operated mainly by phone, fax, delivery service, and on-site computer
repairs would appear to meet the integrity of the zone. The portion of the plan
for the "walk-inldrop-off shop.....We will also have used equipment available for
public purchase." May no# meet the intent of the zone. It appears that this could
become a storefront business not necessarily providing direct service to the area
residents.
The business, as proposed, would not appear to have an adverse affect
adjoining properties and the business may actually provide some ascetic
improvements to the parcel,
The property has on site sewer and water, which at this time may be a health or
safety issue. It would appear that documentation that the on-site utilities meet
the needs of the residential and business nature of the parcel should be required
to insure the health and safety of potential customers and adjoining properties.
City .Engineer: Require on-site water and sewer certification documentation.
Provide adequate off-site parking and make sure access to Kenai Spur Highway
meets state requirements.
Building Official: If a storefront business is opened, a separation requirement
will be required between that area and the residential part of the structure.
RECOMMENDATIONS
Recommend approval with the following stipulations:
1. t_imit the business to professional offices and require computer sales
to take place by appointment. Do not allow unlimited storefront
commercial activity at the business.
2. Require documentation that the on-site water and sewer system meet
the ADEC requirements for the business and residential use.
3. Require a fire inspection to insure the facility meets fire code for the
proposed commercial activity.
ATTACHMENTS:
1. Resolution No. PZ03-29
2. Application
3. Drawings
CITY OF KENAf
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ03-29 /
CONDITIONAL USE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING C
OF KENAI GRANTING A REQUEST FOR A CONDIT
NAME: Cr stal Giies dba Midni ht A enc
USE: BusinesslConsumer Services
LOCATED: 8498 Kenai S ur Hi hwa -east 0` of
north of Kenai Spur Hiahwav
Lot 32
(Street A dresslL gaf Description}
KENAI PENINSULA BOROUGH PA CE O: 04517008
WHEREAS, the Commissi n finds:
1. That an application m~
been submitted and rec
,~
2. This request son
he requirements of Section 14.20.150 has
on: ,July 1, 2003
ned: RR -- Rurai Residential
3. That the app ant as demonstrated with plans and other documents that
they can and ii meet the following specffic requirements and conditions
in addition to fisting requirements:
a.
4. That a my advertised public hearing as required by KMC 14.20.280 was
con cted by the Commission on: July 23, 2003
5. plicant must comply with all Federal, State, and local regulations.
N ,THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
MMISSION OF THE C1TY OF KENAI THAT THE APPLICANT HAS
EMONSTRATED THAT THE PROPOSED BUSINESSICONSUMER SERVICES
MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE
THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO
ISSUE THE APPROPRIATE PI=RMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JuIY 23, 2003.
~If/IMISSION OF THE CITY
NAL USE PERMIT T0:
CHAIRPI~RSON: ATTEST:
~:,,~~ RECEfVED
,~
' .~. ' ~
CETY OF KE '~~~ `ATM ~
I '' ,pI,ANNING
rr ~~ ~~ _ / ~Lr~2~ rr
310 F1DAL00 AVE., SUITE 100 KEFIAI, ALASKA 99811 7794
TELEPHONE 907'•183-7535
FAX907-183.3014
41
tin:
CONDITIONAL USE PERMIT
APPLICATION
Date: ~~~d3
Applicant's Name: C;Z'~5 ' A ~- ~ t ~~ ~~ Phone: ~ ~~' ` ~ ~'
/} C~~ ti zsz -~-fS~s`
Business Name: ~ ~C~.n ~ ~~~ ~'!4.~1 c,~1 __
Mailing Address: :~7 ~ ~ ~ I _
Ch-PPt Ar~rirPec• [)~ I1~ I~ dIQ t ~ncf'(~ ~1
(Where permit will be operated from.) '
Legal Description of Property: d~ d~ ~- i (~ ~~ " ~ ~
~Ag ~ ~O ~-r- F T~ aT ~c~ttxsy~ al= ~flyt: ~t7r 3z- c..Y,-,~~.~ ~, ~~ IcS~r .
Kenai Peninsula Borough Parcel Na.: ~~ ~'1 .7 ~ ~ ~
City of Kenai Zoning:
Provide a detailed description of the proposed use. If the space provided is not sufficient,
attach a sheet to the application.
********
The followin information must be rovided before aura lication will be
considered for rocessin . Do not submit aura lication until it contains all
reAUired information. (Check each box that applies and attach the necessary
information to this application.)
^ I am the legal owner of the property.
I am not the legal owner of the property; however, I have attached verification by
the owner of the property that I have permission to apply for this Conditional Use
Permit.
[~` Attached are dimensioned plot plans showing the location of all existing and
proposed buildings or alteration on the affected property. Plans must show, at a
minimum, the entrance, exit, and parking spaces on the property. (b'or bed &
breakfast applications, must show areas to be rented.)
[/]f 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:
[v]' 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
signif cantly impaired.
Ql The proposed use is in harmony with the Comprehensive Plan.
Public services and facilities are adequate to serve the proposed use.
Q The proposed use will not be harmful to the public safety, health or
welfare.
I certify that the information provided is accurate to the best of my knowledge.
Applicant:
Date: .,f .1,~~ ,rte ~ ~~,
Proposed Use Detail
In attachment to the Conditional Use Permi# application for the property located at 8498
Kenai Spur Hwy the following is a description of the proposed use of the area described
in Fig-1 {attached):
Description: Midnight Agency, ABL# 287510 (exp. 12103), KPB S.T.#:35825
LOB: 54 (Professional, Scientific and Technical Services)
P.O. Box d8b Kenai, Alaska; 907-335-4357 {335-HELP)
Primary market: Computer repairs and upgrades. Network administration.
Network security consulting. Printer and miscellaneous peripheral
service. Buying /selling /trading used and obsolete computer
equipment, devices and accessories. Recycling monitors and old
computer systems.
Secondary market: Criminal l Civil investigative services, asset/background/criminal
checks, information security consulting, hard drive forensics.
Primary purpose: Location is planned as the Administrative offices for Midnight
Agency to conduct their internal affairs, store files, maintain a
computer system and web access for research and development.
Meet with client's and conduct other administrative duties.
Secondary purpose: Storage facility for equipment. "Walk-in /drop-off' shop to
perform repairs, upgrades and other service work to individual
units as well as dismantling and cataloging obsolete equipment.
Area for preparing E-Bay sales that is our primary resale market
far used equipment. We will also have used equipment available
to the public for purchase.
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CITY OF KENA ~a
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~ 210 FIDALGO AVE., SUITE 2DD KENAI, ALASKA 99611-7794
TELEPiiONE 907-283-7535
_ FAX 907-283-3014
'~Il~'
1992
July 8, 2003
CITY OF KENAf
PLANNING AND ZONING COMMISSION
PUBLIC HEARING NOTICE
The following public hearing has been scheduled for the Planning and Zoning
Commission meeting of July 23, 2003:
PZ03-28-An application for a Variance from the Development Requirements Table
(Height Restrictions - +1- 2-Foot Variance) for the property known as Lot 9B, B1, VIP
Country Estates (2515 Watergate Way), Kenai, Alaska. Application submitted by Chris
and Lori Every, P.O. Box 2760,. Kenai, Alaska.
The meeting will commence at 7:00 p.m. in the Kenai City Half Council Chambers at
210 Fidalgo Avenue, Kenai. Anyone wishing to present testimony concerning this
permit should do so at the hearing ar submit written comments to the City of Kenai,
Planning Department, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 prior to the
meeting. Comments may also be emailed to mkebschulf cr_ci.kenai.ak.us. For more
information please contact Marilyn Kebschull at 283-7535 extension 235.
YOU ARE BEING SENT THIS NOTICE BECAUSE YOU OWN/LEASE
PROPERTY WITHIN 300 FEET OF THE PROJECT SITE OR ARE AN
INTERESTED PARTY
STAFF REPORT
To: Planning & Zoning Commission
Date: 717103
Res: PZ03-28
GENERAL INFORMATION
Applicant: Chris and Lori Every
P.Q. Box 2760
Kenai, Alaska 9961 1
335-2756
Requested Action:
Legal Description:
Street Address:
KPB Parcel No.:
Existing Zoning:
Current land Use:
Land Use Plan:
ANALYSIS
35' Height Variance
L9B, B1 VIP Country Estates Subdivision
2515 Watergate Way
04943017
RR -Rural Residential
Residential
Low Density Residential
General Information:
KMC 14.20.180 details the intent and application process for Variance
Permits. The Cade also outlines the review criteria that should be used by
the Planning and Zoning Commission to determine if a variance should be
granted. The Commission shall establish a finding that all of the following
conditions exist as a prerequisite to issuance of a variance permit:
1. Special conditions or circumstances are present which are peculiar
to the land or structures involved which are not applicable to other
lands or structures in the same zoning district.
2. The special conditions or circumstances have not been caused by
actions of the applicant and such conditions and circumstances do
not merely constitute a pecuniary hardship or inconvenience.
3. The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property
is located.
4. The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
Q3-28 Conunent.doc
Page 2
5. The granting of a variance shall not be based upon other non-
conforming land uses or structures within the same land use or
zoning district.
Applicant is in the process of building a house on the above lot. Original
plans met the height requirements; however, the trusses were ordered
incorrectly instead of 4112 pitch they are 5112, which makes the roof
approximately 2' over the 35 feet allowed.
It does not appear the request wilt adversely affect neighboring property
owners.
City Engineer: No Additional Comments.
Building Ofificial: The top floor and roof framing system have not been
constructed yet, but the truss system has been purchased and would be
expensive to replace. To my knowledge, one other height variance has been
approved on Rogers Road in 1995. That variance was for approximately 2
feet.
RECOMMENDATION
Because of this structure's location, it does not appear that the variance will
affect neighboring property owners. The original plans met development
requirements for height in this zone; however, the trusses were ordered in
the wrong pitch creating the need far the variance. Recommend approval.
ATTACHMENTS:
1 . Resolution No. PZ03-28
2. Application
3. Drawings
1
,~ ~~
City of Kenai Planpin~Commiit#ee Testimony of Midnight Agency
Thank you Mr./Madam Chairman, Members of the Committee, Mr. Mayor and the Public for an opportunity to
speak on behalf of Midnight Agency in regard to the Conditional Use Permit under consideration. I would like
to request a slightly extended period to deliver this testimony. We appreciate your understanding and patience.
Good evening, my name is Jonathan Harold Becker and I am contracted to perform professional services with
Midnight Agency, I am the Operations Manager and principle Agent. Ms. Giles and I have looked deeply into
the potential marketability of various pieces of property around the Borough to establish a "base of operations".
We previously leased a space from Cook Inlet Trading on K-Beach rd., however continued to look at options
that would both reduce our overhead while stimulating our income.
The property located at 8498 Kenai Spur Hwy, is a prime location for us most significantly due to THREE
major factors:
1. Reduced lease and utility costs
2. Proximity to Ms. Giles's residence on Linwood Ln. providing ease of access and increased security
3. The potential to assist the owner in liquidating a significant quantity of computer systems and
peripherals while diversifying our income streams through liquidation of those assets
These are realistically not the only reasons, however I hope it will give you same insight as to WHY we chase
this property as our ideal location.
The Public Hearing Notice and recommendations to the committee prepared by Ms. Kebschull brings to light
some concerns that I would like to address at this time:
Complaints regarding the Septic and Well: The Notice mentions that several complaints have been
filed with the City in this regard. Our proposed use of the property does not require the use of the
toilet or water facilities. Further the public will have absolutely no access to the sewer/water
facilities by way of our business, as they are solely located within the residential side of the building.
In consideration of whether the committee should require on-site water and sewer certification to
alleviate a concern of health or safety issues with respect to customers or adjoining properties we
believe this requirement would be irrelevant to the proposed use of our portion of the facility. Ms.
French from ADEC has recently made and on-site inspection of the sewer system and I have
discussed the issue with her to our mutual satisfaction. Ms. French indicated that she could not
determine a health or safety issue at that time and although it appears that the septic area is sinking-
in there is no odor nearby or from the weep hole. She further indicated that there was no visible
seepage and therefore there was na cause for a citation. In good faith we looked into the cost of
obtaining certification which runs about $600, however we believe that it is neither relevant to the
proposed use nor should we be compelled to have the system checked based upon a complaintant
who may be acting in retaliation for the owner's refusal to sell them the property at half borough
appraisal. The complaintant has not submitted any REAL proofthat a danger exists, such as a water
test, pictures, doctor visits, or witnesses attesting to their allegations. Further the complaintant has
not represented himself as an expert in sewer systems or ADEC codes. It seems merely to be a tool
used by the complaintant to "red tape" the legitimate and legal use of the property. Finally there has
been NO CITATION because there has been NO VIOLATION. We feel that if we had intention to
use the water/sewer facilities to any extent or if there was a REAL and CREDIBLE determination of
fact that the facility was in violation of regulations we would take corrective action to comply with
the law. As yet there have been no verifiable infractions and as such we feel that to require a
business entity to verify facilities that will not be utilized by the business or its customers is not only
bizarre but also detrimental to stimulating the City's economy and providing useful products and
services to the neighborhood.
Z. Compliance with the comprehensive plan; The Notice states, "There are several facets of the
proposed business. Those portions of the business that are operated mainly by phone, fax, delivery
service, and on-site computer repairs would appear to meet the integrity of the zone. The portion of
the plan for the `walkan/drop off shop ... We will also have used equipment available far public
purchase." May not meet the intent of the zone.
-- I submit that in this context that statement may seem to mean that we will have what is being
termed a "storefront" by the Notice, rather it is truly intended to mean that we want to make used
equipment available to our clientele, namely "the public". As such it is NOT our intention to
have racks or shelves of equipment available far the walk-in's to purchase an a whim, rather it is
our intention to offer low-cost `used" equipment to our client's that are seeking value-centric
alternatives to retail outlets. What is left out in the Notice is the full statement "Walk-in / drop-
offshop to perform repairs, upgrades, and other service work to individual units as well as
dismantling and cataloging obsolete equipment." Please keep in mind that this is described in
our disclosure as our secondary purpose for use of the facility.
3. With regard to item 1 in the recommendation it is our intention to comply with any limitation of
access by the public the city wishes to impose and this stipulation as stated does not seem
unreasonable or detrimental to our primary use.
4. Regarding item 2 in the recommendation, we believe that the requirement of verification is
ultimately not the responsibility of the business, as it is not related to the proposed use. We believe,
therefore, that it should be considered moot and irrelevant with regard to the permit. Further based
upon our proposed use of the facility as an administrative office, storage facility and packaging
center we do not feel that our use will rise to the level requiring any serious concern about this issue
regardless of the systems compliance. It should be reiterated here that THERE HAS BEEN NO
OFFICIALLY DETERIVIINED VIOLATION. Although we recognize that there MAY be a
legitimate concern here and that the city is attempting to be proactive, we feel that this issue should
be set aside and left to a more relevant process. Although we feel it is irrelevant to our use we would
be willing to pursue options for improving the entire neighborhood by providing city sewer and
water to the residents along that side of the KSH such as collaborating with the City, neighbors and
potential users to help finance and implement the project. However, this is not something that can
be accomplished in the blink of a month and in business we all know that time =money.
Finally, with regard to item 3 in the recommendation, we have conducted a preliminary fire
inspection and have provided it to the committee for reference. The Marshal described certain things
he would like done and we have implemented all of his requirements. The level of storage has been
reduced for safety and we are currently working on reducing the amount of storage in the proposed
area, the fire extinguishers have been mounted as requested and the sheet rock has been scheduled
for installation by Basecamp Ventures, a handyman service.
In conclusion it is our position that our proposed use is consistent with the purpose of KMC 14.20, i 50 as well
as the purposes and intent of the zoning district. The value of the adjoining property and neighborhood will not
be impaired; if anything, we believe values in the area would improve. We submit that the proposed use is in
harmony with the Comprehensive Plan. The infrastructure in place is adequate to serve the proposed use. The
proposed use will not be harmful to the public safety, health or welfare. Further that any specific conditions
deemed necessary by the commission will be fulfilled insofar as they are relevant to the proposed use of the
dwelling.
We look forward to providing the neighborhood with valuable services and products as well as stimulating the
Ad Velorium tax base of both the Borough and the City. We encourage the commission to approve this
Conditional Use permit in furtherance ofthe Comprehensive Plan and diversification of the City's economy.
We would 9ike to encourage the city to weigh lightly and preclude a requirement to verify the septic 1 water
system as its compliance is irrelevant to the proposed use, its current state has not been found to be endangering
the health or safety of our customers or proximal residents, and has not been found to be in violation of any
code, Iaw or regulation, We are excited about an opportunity to do business in this All American City and we
hope that the commission will move to grant Midnight Agency this Conditional Use Permit.
Thank you for your time and we appreciate your consideration of this issue.
Fire & Life Safety Kenai Fire Department
Inspection Report 145 South Willow Stfeet
phone {907) 283-7666 Kenai, Aiaska 99611
Fax (907} 283-8471 •~
To: L r . <,-~ ~ 1 [~ . M e. ~ L.~r'1 Q ~ OccupancyName: „~ ~ r ~ IBC P h C
~ c '1~~ c, ,~ ~' r ~ 1,.,,. Street Address: ~ ~ ~ ~ ~ ` r. ~
Cdr ~~ ~~(l f --....
Inspection Date:
~ ~ R ~„ .. 0
_ - -
Phone No: r~ ~ ~- .~~5 cr o oZ~a~ - ~~ 1
INSTALLED ACTIVE LAST 5i~RVICED SERVICED BY/PERMIT #
Sprinkler System ^ Yes ~1o p Yes p No
l
Hood 8~ Duct System ^ Yes J ' o ^ Yes p No
~tandpi~Systern ... p Yes ~Io ---_... ^ Yes-- pNo ..... .... ..- _ _.._._ --.~-.._._.-.. --.... _.
Fire Extingulahers Yes p No Yes p No ~~ G/
Proper Type Igescription (Yes ~ No
Evacuation Drills Req p Yes ~No LAST CONaUCTED
Fire Alarm System `~,~Yes p No Yes p No ~~~
p Manua p utomatic Smoke Detectors p Heat Detectors p Knox Box
The following deficiencies were noted and corrections must scarf immedialtely.
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A response must be forwarded fo this office by ~ ~ /-- n_~Z indicafing that the deficiencies
noted above have been correcfed. If you have any quesfions or need more time to corroct any
ifem contact this office by phone at 283-7fififi or by email kfdept@ci.kenai.ak.us
Signature: Date: ~ - ~~ ~ -~ t~
Relation to Property: Inspector : ~ ,,dip f.JG .,
~~71r~'I ~.> -r. ~ ~~
Authority: Konai Municipal Code $.15.020 - 8. i 5,050 - $.15.060 - $. I S.07D - 8.1 S.fl$fl - $. ] 5.116 Rcv. 6?DO
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..
8448 KENAI SPUR.HWY. HEALTH.,,HAZARD. & SAFETY ISSUES
Septic/sewage system broken dawn crib) hazardous to health
2. Septic crib within 20 feet of a shallow well (inside beneath floor of shack}
3. Septic crib within 10 feet of bike and pedestrian path
4. Lot only 50 feet wide and not suitable for business
5. Zoned residential and property located between elementary and middle school
6. No adequate parking space as only 10 feet from bike path to shack
7. Proposed purpose of use of property is not accurate
8. No way to remove snow as cars actually park on bike path
4. Proposed driveway within i 1 feet of adjoining property and utility pole
10. Shack has inadequate electrical system
11. Hundreds of scrap computer monitors/keyboards are hazardous materials
12. Lots of other vacant business locations more suited
The use and purposes of the permit are not consistent with the intent of the zoning
district, the value of adjoining property and neighborhood is impaired, the proposed use
in not in harmony with the Comprehensive Plan( the building might be considered for
condemnation}, the public facilities are not adequate and illegal, and the use will he
harmful to the public safety and health.
~~~~~
Raymond F. Zagorski
84$0 Kenai Spur
Kenai
283-4337
July 23, 2003
LW~
~~~~
.2~/P
8480 Kenai Spur Hwy.
P.O. Box 145& (mailing)
Kenai, AK 99611
May i 2, 2003
RE: HEALTH, HAZARD, & SAFETY ISSUES CONCERNING 8498 Kenai Spur
This is a run-down, hazardous, and vacant house/shack/praperty adjacent to my property.
It has been/is a serious concern of ours relative to these health/hazards and other safety
issues as follows:
CRT Monitors, scores or perhaps hundreds of them are strewn about the property.
1 just read in the Anchorage Daily News, 5/10/03, section D, page 1, re-cycle
article, this quote "CRT monitors, which are classified as hazardous waste
under federal environmental guidelines. , .."
The stacks of monitors, electronic and other materials are less than 50 feet $am
their well and less than 100 feet fram my well. There's lots of abandoned junk.
The well for the home is inside the home, under the floor, and the
septic (just a crib and no feld whatsoever) is outside their front window and are
under 30 feet apart from each other.
The property is located at 8498 Kenai Spur Hwy, and is the first pause past Highbush
Street. Going out of Kenai toward Soldotna, Highbush is about one mile past Kenai
Central High School. The house is very close to the bike path and is an the left side of the
Spur Hwy.
My spouse and I are extremely worried about possible heath, safety, and
environmental impacts. We really feel this property should be condemned and request
those of authority look into the matter.
Thank you for investigating and assisting and please keep us informed of the progress.
Sincerely,
Raymond F. Zagorski 283-433
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MEMORANDUM
CITY OF KENAI
"Oil Capital of Alaska"
210 FIDALGO AVE., SUITE .200 KENAI,
'~•~ ALASKA 99611-7794
• TELEPHONE: 907-283-7535
FAX: 907-283-3014
TO: Cary R. Graves, City Attorney
FROM: John C. Parker, Code Enforcement Officer
DATE: S/23/03
Re: Case No. CE-2Ui9
LEGAL ~i~SCRIPTION Portion of Section 34, Township 6N, Range I 1 W
Seward Meridian
PI~Y~SICAL I,QCATIO!N 8498 Kenai Spur Highway
O,W~TER Off' RECORD Shawn McCrasky
OCC~JPANT{Sj Unoccupied
COMPLAINANT Raymond F. Zagorski
INi~'TAL COMPLAINT Junk computers with CRT's near complainant's
well.
I~IVES~IGA'~ION.
The subject property is an unoccupied single family dwelling located on KSR. The most recent
occupant was determined to be an Arthur E. PaIisoul.
Approximately 200-250 used computers, printers, modems and other peripherals were stacked on
pallets in the back yard of the property. {See photo dated 5114103} A check revealed that the
computer equipment apparently had been obtained through a KPB auction. The Borough
Finance Department was contacted and it was determined that Palisoul had purchased { 18) lots of
computer equipment at the auction held on 1015102.
~~ ~'/~
Shawn McCrosky
May 23, 2003
Paqe 2 of 2 , , , .,_.......,...
~,.
Attempts to located Palisoul met with negative results. The property owner, McCrosky, was
contacted by cell phone in Kake, Alaska. He advised that he had sold the property to Palisoul by
an unrecorded Real Estate Contract. Mr. McCrosky was advised that, considering no Warranty
Deed was recorded transferring title to Palisoul, he was still in title to the property and therefore
responsible for the clean-up.
It was suggested that the Salvation Army might be interested in the used computers. The
property owner contacted the Salvation Army who inspected the site and deternvned that the
project was too big for them to handle. The Salvation Army contacted the CE OfEcer and
advised of their decision.
The property owner was contacted and he advised that he would have some friends remove the
computers and clean the area. On 5119103 the property was re-inspected and found to be clean.
(See photo dated 5119103)
;4GTION- TAKE~7
Photos taken before and after cleanup.
I t E C~ NIl VI E N D A T~ t l 1 V S
Close file with thank you letter to property owner.
John C. Parker, K66
Code Enforcement Officer
Enclosures:
Photos
Thank You Letter
~~ ~f~
~-
Owner
Occu ant Shawn McCrosky Legaf: Portion of Section 34, Township 6N, Rang 11 W
1_vcatian 8198 Kenai Spur Highway
Photos By J.C. Parker Code Enforcement C?fficer Case No. CE-2019
5/1G/03
Approx. 2011
computers
5/ E 9/03
Message
Page i of 4 9e ,~I~
Ray Zagorski
From: Raymond Zagorski [ifrz@uaa.alaska.edu]
Sent: Friday, July 11, 2003 6:48 PM
To: 'French, Margaret'
Subject: RE: 8498 Kenai Spur Health...lssues
Margaret,
Thank you for stating the ADEC requirements of 100 fee# between a waste system and well system. in this case.
8498 Kenai Spur, there is about 20 feet between a shallow well insidelbeneath floor of the shack and an
inadequateliilegalwastc system right below the outside front window of the shack(between shack and also right
next to a public bike path}. This will continue to be a ubiic health concern, should the shack become
occupiedlrented or used as a business.
Please advise me when you get a reply from the owner as to what action ADEC will pursue. Thank you
very much!
Ray
-----Original Message-----
From: French, Margaret [mailto:Margaret_French@dec.state.ak.us]
Sent: Friday, July 11, 2003 12:47 PM
To: `ifrz@uaa.alaska.edu'
Subject: RE: 8498 Kenai Spur Hea!th...Issues
Mr. Zagorski:
At this time, the house is unoccupied. [was able to locate the cleanout pipe
from the crib by your description and by seeing it when [walked to the door
and knocked. As the house is unoccupied, I need to get the owner's
permission to come onsite to locate the well. When I was there, no apparent
surfacing sewage was noted, so this is no#, at this time, a public health
concern.
This system should meet the requirements for an ansite wastewater disposal
system and the 100 foot separation distance between the well and system.
We have no information in our files on this system; in order to bring system
into compliance, I have sent a letter to the owner requesting information. The
City of Kenai {I spoke to Nancy) will be requiring that the system meet ADEC
requirements as a condition of the Conditional Use Permit applied for by the
potential renter.
-----Original Message-----
From: RAY ZAGORSKI [mailto:ifrz@uaa.alaska.edu]
Sent: Friday, July 11, 2003 1:05 PM
7/23/2003
Message Page 2 of 4/Q p~,d
To: 't`rench Margaret'
Subject: RE: 8498 Kenai Spur Health...Issues
Margaret,
Thank you for response.
How can anyone legally rentloccupy and even contemplate running a business from this shack when
there is nolinadequate sewage system the system is a dilapidated crib) and this unsanitary sewage
system is within 20 feet of the shallow well system(located in the house under the floor) and also right
next to the bike path?
Please respond to both the wel! and sewage system proximity issue and what would be a concern
to your office when you eventually go into the shack and see that the well is located so close to the
obviously illegallfaulty crib.
Thank you very much for your help and I await your email response.
Ray
-----Original Message-----
F'rom: French, Margaret [mailto;Margaret_French@dec.state.ak.us]
Sent: Friday, July 11, 2003 7:17 AM
To: 'ifrz@uaa.alaska.edu'
Subject: RE: 8498 Kenai Spur Fiealth...Issues
Ray, I have been talking to Nancy at the City of Kenai and to Jonathan
Becker, agent for some folks that are wanting to rent the place. I told
them that I had not observed any surfacing sewage, but fihat I had seen
that the field is sunk in and had received a citizen complaint that the
system had failed before. I suggested to them both that they have a
private engineer come do an adequacy test, and then design an
appropriate system. I did not locate the well, since no one was onsite
when I stopped there. According to Nancy, the temporary use permit
from the City will be contingent on them having a system that meets
ADEC requirements.
-----Original Message-----
From: RAY ZAGORSKI [mailto:ifrc@uaa.alaska.edu]
Sent: Thursday, July iD, 2D03 7:24 PM
To: Margaret~French@dec.state.ak.us
Subject: FW: 8498 Kenai Spur Health...Issues
-----Original Message-----
From: Raymond Zagorski [mailto:ifrz@uaa.alaska.edu]
Sent: Thursday, July 10, 20D3 fi:21 PM
To: 'MargaretrFrench@dec.state.ak.us'
Subject: FW: 8498 Kenai Spur Health...Issues
717~1~~!}`~
Message
Page 3 of 4
/f off' `~
-----Original Message-----
From: Raymond Zagorski [mailto:ifrz@uaa.alaska.edu}
Sent: Thursday, July 10, 2003 6:18 PM
To: 'MargaretFrench@decstate.ak.us'
Subject: FW: 8498 Kenai Spur Health...Issues
Margaret French,
Would you kindlylplease respond to the highlighted Items. Thank you.
Raymond Zagorski
-----Original Message-----
Fram: Raymond Zagorski [mailto:ifrz@uaa.alaska.edu]
5enE: Tuesday, July 01, 2003 12:55 PM
Ta: 'MargaretFrench@dec.state.ak.us'
Subject: FW: 8498 Kenai Spur Health...Issues
-----Original Message-----
From: Raymond Zagorski [mailto:ifrz@uaa.afaska.edu]
Sent: Monday, June 30, 2003 8:34 PM
To: 'Margaret`
Subject: FW: 8498 Kenai Spur Health...Issues
-----Original Message-----
From: Raymond Zagorski [mailto:ifrz@uaa.alaska.edu}
Sent: Monday, June 30, 2003 8:05 PM
Ta: 'Margaret'
Subject: 8498 Kenai Spur Health...Issues
Margaret French,
Environmental Technician II
D)=C
Attached is copy of complaint filed May ~2, 2003, and amended copy of p agraph four from
attachment as follows:
The shallow well far the home is inside the home, under the flaor, and the
septic (just awake-shift crib and no field whatsoever) is outside the front
window and are under 30 feet apart from each other. The crib and overflow
are right next to the bike path. Occupancy or rental under these conditions is
quite unsanitarylhazardous and not up code.
Did you have a chance to come out and inspect on 6/27/x3?
Please advise of the status, recommendations, and what will be done by DEC to prevent
future occupancy under the current conditions.
I thank you very much for your assistance.
7/23/2003
Message
Page 4 of 4
~~ 07 /~
Raymond F. Zagorski
7/23/2403
Page 1 of 1
/3- ~l~
Ray Zagorski
From: Raymond Zagorski [ifrz@uaa,alaska.edu]
Sent: Monday, June 34, 2003 9:06 PM
To: 'Margaret'
Subject: 8498 Kenai Spur Health...lssues
Margaret French,
Environmental Technician I!
DEC
Attached is copy of complaint filed May 12, 2003, and amended copy of paragraph four from attachment as
follows:
The shalivw well for the home is inside the home, under the floor, and the
septic Gust amake-shift crib and no Feld whatsoever) is outside the front window and are
under 30 feet apart from each other. The crib and overflow are right next to the bike path.
Occupancy or rental under these conditions is quite unsanitary hazardous and not up code.
Did you have a chance to come out and inspect on 6127/03?
Please advise of the status, recommendations, and what will be done by DEC to prevent future
occupancy under the current conditions.
I thank you very much for your assistance.
Raymond F. Zagorski
7/23/2003
/~-~/~
/s'.~fj~
!~
~t
P
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ03-28
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.1800E THE KENAI ZONING
CODE:
NAME: Chris and Lori Every
LOCATED: 2515 Watergate W~ (Lot 9B, B1 VIP Country Estates Subdivision~,~
{Street Address/Legal Description)
KENAI, ALASKA, JuIy 23, 2003.
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the
strict provisions of the zoning code maybe granted by the Commission if all conditions specified
in 14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted
and received on: July 3, 2003
2. This request is located on land zoned: RR-Rural Residential
3. That the applicant seeks a variance from the specified requirement of the Zoning code:
KMC 14.24.020 -Development Requirements Table -Maximum Height
4.
a. Special conditions or circumstances are present which are peculiar to the land
or structures involved which are not applicable to other lands or structures in
the same land use or zoning district.
b. The special conditions or circumstances have not been caused by actions of
the applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
c. The granting of the variance does not authorize a use that is not a permitted
principal use in the zoning district in which the property is located.
d. The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure.
e. The granting of the variance is not based upon other non-conforming land uses
or structures within the sale land use or zoning district.
5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the
Commission on: July 23, 2003
6. Applicant must comply 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 CONDITIONS SPECIFIED IN
14.20.280 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANT THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
~~~
CHAIRPERSO ~ ? TEST: ~~' , ~~ '. ~= -
C[TY OF KENQI
ti
DATE: ~1-J-1.~,;~ --~`-..
21fl FIaALGO AVE., SUITE 2DD K>:rIAI, ALASKA 99641-7794
~~~~~
~„~
,~Ut ~ ~~~
APPLICATION FOR VARIANCE PERMIT
NAME: ~~~~ ~ ;'..~ P'.. _°~r PHONE _ - ~ ~_-__~
MAILING ADDRESS: ~ ~~~ s`''~ ~"~' :;-ter %'~~:" €': _ _
STREET ADDRESS: `-'~~~~
=~
LEGAL DESCRIPTION: ,~~ _ J..-',t~ 1~-~ I ~ ~ - '' ~~
KPB PARCEL NUMBER:
PROPERTY ZONING: ~ .',~, .<e3 ~~'~s ~r~~~= ~-~~' rF'' l ._
! AM REQUE TING A VARIANCE,~ROM (State section of Kenai Municipal
Code): _ ~t~~i.~1E~jc7 r ~.c ~:~ ,-~!t ~,.t~, ~ z ~>~ c x _~I~ 7~ ~t ~- ~e
Section 14.20.180 of the Kenai Municipal code outlines regulations for Variance
Permits which is the relaxation of the Development Requirements Table to
provide relief when the literal enforcement would deprive a property owner of the
reasonable use of his rea! property: PLEASE READ THE FOLLOWINGS
COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM
NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE
CONDITIONS.
Provide a site plan of the property including location of all existing
and proposed buildings or alterations, elevations of such buildings
or alterations, and such data as may be required.
2. A Public Notification and hearing is required before the issuance of
this permit. A $105.00 non_refundable depositladvertising fee is
required to cover these notification costs. (Please see attached
procedure sheet. }
3. You are required to post the property in question with a sign
advising that the property is being considered for a variance. You
must file an AfFdavit of Posting with this office two weeks prior to
the scheduled public hearing. If this affidavit is not filed, the
hearing will not be scheduled.
To approve the requested variance, the Commission shall establish a fnding that
all of the following conditions exist as a prerequisite to issuance of a variance
permit:
• Special conditions or circumstances are present which are peculiar #o the
land or structures involved which are not applicable to other lands or
structures in the same zoning district.
• The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do nat merely
constitute a pecuniary hardship or inconvenience.
• The granting of the variance shall not authorize a use that is not a
permitted principal use in the zoning district in which the property is
located.
• The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land andlor structure.
• The granting of a variance shall not be based upon other non-conforming
land uses or structures within the same land use or zoning district.
ADDITIONAL COMMENTS:
C.r . s. ~~' 1 Nr ter-"
;` f - _ _ `
~ ..- .1. ,. _..
~' !. _~
Applicant's Signa#ure:
****•.r
Yt
• Reviewed approved by the Planning Commission on ~ .3 ~~day of
Chairpersorti;
Attest: ~-~ '~ ~ ~
~~
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8
Page 1 of 1
Marilyn Kebschul!
iFrom: vanhome [vanhome@acsalaska.net]
Sent: 11 July, 2003 10:46 AM
To: Marilyn Kebschull
Sebject: Request for variance
I own the lot ajacent to lot 96,B1,VIP Estates.) oppose the variance on the grounds that there was a reason for
the 35' limitation,namely that a house not dominate the Iandscape.Mr. Every already planned to push the
limitation to its limit & now wants to exceed it by 2'.If the building code is to have teeth,it should be abided
by.Thank you,Alan K. Van Horne
07/14/2003
Date: July I4, 2003
From: Q~erald R. Brookman
715 Muir Avenue
Kenai, Alaska 99811-SSIB
To: Planning and Zoning Department
ATTENTION; Marilyn Kebschull
210 Fidalgo Avenue
Kenai, Alaska 99B 11-7535
Ms. Kebschull:
f ~F~~
~ I1~,?
~:~
~'` CITY pF KFN
..~PL,4N~ui~u~ ,,.._ . AI
i request that the enclosed memorandum addressed to the Pla~nn,ing and Zanin~
Commission be reproduced and included in the meetiu.,g packet of each of the
members of that commission prior to their meeting scheduled for Judy 23,
2003. Thank you.
Sincerely,
4erald R. Brookman
Date: Judy 14, 2003
From: Gerald R. Brookman
715 Muir Avenue
Kenai, Alaska 99811-8816
To: Planning and Zoning Commission
City of Kenai
210 Fidalgo Avenue, Suite 200
Kenai, Alaska 99811-7535
Subject: Resolution No. PZ03-28, Variance Permit application
Dear Sirs:
I have received a copy of the request for a permit to exceed the height limitation
of 35 feet on a residence being constructed at 2515 Watergate Way (Lot 9B, B1
VIP Country Estates Subdivision.
I am not an attorney, but I believe that a carei~l reading' of this permit
application will. show that it is INVALID. Specifically, the application states:
"The original plan called far 4/x2 patch trusses 8e during the ordering I made the
mistake of ordering 5/12 pitch -this mistake put me over the height limit.
Requesting a 20" variance on the height of this hams." Among the conditions
that must be met, according to the listing under paragraph 4, is subparagraph
b.: "The special conditions or circumstances have not been caused by actions of
the applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience." These two statements would appear, to
one at least, to be ?PVT DIRDCT coNFLi(tT waTH 3~AACH o~rx~.
I have never met the applicants for this permit, and I bear them no ill will..
However, if the Planning and Zoning Commission is to grant a variance under
the circumstances described in this application, why have zoning ordinances at
all? If they are to mean anything, they should not be waived any time a person
asks for a variance. Two feet may not be much, but how much fs too much? Four
Feet? Six feet Eight feet? Ten feet? A height limitation ofthirty--flue feet may
be arbitrary, but I da believe that it is enough.
I respectfully request that this permit application be DPl11TIDD, on the grounds
stated above.
sincerely
11~
Cferald R. Brookman
STAFF REPORT
To: Planning & Zoning Commission
Date: July 8, 2003
GENERAL INFORMATION
Applicant: Michele McCauley-Olson 283-92$6
520 Ash Avenue
Kenai, AK 99611
Requested Action: Home Occupation -Day Care
Legal Description: Lot 1, Block J, Woodland Subdivision, Part 1
Street Address: 520 Ash Avenue
KPB Parcel No.: 04325028
Existing Zoning: RS--Suburban Residential
Current Land Ilse: Residential
Land Ilse Plan: Medium Density Residential
Res: PZ03-30
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 had a
registered daycare at a previous location, and has moved to the new location above.
She is aware that the code allows her to watch up to 8 children. 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 July 2, 2003. If the day
care is still in operation, afollow-up will be required on July 2, 2005.
RECOMMENDATIONS
Recommend approval.
ATTACHMENTS;
1. Resolution No. PZ03-30
2. Application
3. Drawings
1a
CITY OF KENAI
PLANNING $ ZONING COMMISSION
RESOLUTION NO. PZ03-30
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: Michele's Daycare
(Type of Permit)
OPERATED BY: Michele McCauley-~Ison
LOCATED: 520 Ash Avenue -Lot 7 . Block J. Woodland Subdivision Part 1
(S#reet Address and Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04325028
WHEREAS, the Commission finds:
1. That an application meeting the requirements of Sec.14.20.230 has been
submitted and received on July 2. 2003.
2. That the application has been reviewed by the Commission at their meeting
of July 23, 2003 and found that all application requiremen#s 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 Dave 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
23`~ day of July 2003.
Chair n: L~-~- -
9
ATTEST:~~~ , ~4 ,~ t..~ ~. ~ -
HOME OCCUPATION PERMIT
APPLICATION
~-~ -~ ti~
R~-~l~~D
Jt11_ 2 203
DATE: Z~ ~~, 3 pLAl~~jNG ~E~'ARTMElVr
NAME: '1 ~ ~ ~ ~l• ` PHONE: .Z~?J"~1 ~~Q
MAILING ADDRESS: J~"Z ,
PHYSICAL ADDRESS: ~ ~ ~ ~ CiJv ~ ,
LEGAL DESCRIPTION: ~ Q~1~ ~ ~ ~ ~ ~
PARCEL NUMBER: ~ ~ ~U~~ ZONING: ~`
DESCRIPTION OF OCCUPATION: ~o~ - fY1C~•~
.. ."
Section 14.20.230 of the City of Kenai Municipal Code outlines regulations that allow
Home Occupations in residential zones, subject to the following conditions:
• Nat more than one person outside the family shall be employed in the home
occupation.
• No more than 30 % of the gross floor area of all buildings on the lot shall be
used for the home occupation. Submit a site lan showin scare foota 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 occupation.
• The home occupation shall be carried on wholly within the principal building,
or the building which are accessory thereto. Any building used for a home
occupation shall be wholly enclosed.
Applicant's Signature: ,~ ~ c_...._..~ Date: Z~~_ L~
~*****~~
Application reviewed and approved by:
Approved by the Planning & Zoning Commission:
Date: !fir ~ ___
E:lwpdpcslFORM5IHOMEQCCUPATION PERMIT APPLICATiON.d°c
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AGENDA
KENAI CITY COUNCIL -REGULAR MEETING
JULY 1fi, 2003
7:00 P.M.
KENAI CITY COUNCIL CHA]SdBERB
htt www.ci.kenai.ak.us
ITEM A: CALL TO ORDER
1. Pledge of Allegiance
2. Roll Call
3. Agenda Approval
4. Consent Agenda
*All items listed with an asterisk (*j are considered to be routine and non-
controversial by the council and will be approved by one motion. There will be no
separate discussion of these items unless a council member so requests, in which case
the item will be removed from the consent agenda and considered in its normal
sequence on the agenda as part of the General Orders.
ITEM B: SCHEDULED PUBLIC COMMENTS (10 minutes)
Dave Gilbreath, CEO Central Peninsula General Hospital -- Hospital
Expansion.
ITEM C: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCIIS
ITEM D; PUBLIC HEARINGS
~~ 1. Ordinance No. 200T-2003 -- Amending KMC 14.20.280(c) to Allow
Notification of Public Hearings to be Sent by Regular Mail.
~,G~2~~~ 2. Resolution No. 2003-38 -- Declaring Equipment, Supplies, and
Materials Surplus or Obsolete.
ITEM E: COMMISSION/COMMITTEE REPORTS
1. Council on Aging
2. Airport Commission
3. Harbor Commission
4. Library Commission
5. Parks & Recreation Commission
6. Planning 8a 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
e. Arctic Winter Games
.
~"-~` .
• . `i
ITEM F:
1.
ITEM G:
ITEM H:
~' ,~0. G~~-r 1.
ITEM I•
6~I 1
~~ ~-
.2
ITEM J:
ITEM K:
1.
2.
3.
ITEM L:
1.
2.
MINUTES
*Regular Meeting of July 2, 2003.
OLD BUSINESS
Discussloa -- Scheduling of Evaluations of City Manager, City Clerk and
City Attorney.
Bills to be Paid, Bills to be Ratifzed
Purchase Orders Exceeding $2,500
REPORT OF THE MAYOR
ADMII~IISTRATION REPORTS
City Manager
Attorney
City Clerk
Citizens (five minutes]
Council
EXECUTIVE SESSION --
a. Discuss Litigation, Specifically the Friends of the Recreation Center, Inc.,,
et al. v. City of Kenai ~ ~~~~~~~-~ ~~~~' ~w ~~'- Ceuf~.~f'~~`~''
b. Evaluation of City Manager - ~,~iC fn ~~a/a ~
ITEM M: ADJOURNMENT
lolo
KENAI PENINSULA BOROUGH PLAT COMMITTEE
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS F~ECEIV~~
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99659-7599 ~~~
MEMBERS:
Feggy Boscacci
Seldovia City
Term Expires 2003
Brent Johnson
Kasilof/Clam Gulch
Term Expires 2003
Blair Martin
Kalifornsky Bcach
Term Expires 2DD3
Ray Tauriainen
Northwest Borough
Term Expires 20D5
Mari Anne Grass
Southwest Borough
Term Expires 20D5
ALTERNATE
Bil] Hutchinson
Ridgeway
Term Expires 2004
Todd Petersen
East Peninsula
Term Expires 2004
5:30 p.m. Juiy 14, 2003
Tentative Agenda
A. CALL TO ORDER
B. ROLL CALL
,f~~ ~ 2a~~
~~arvr~vini~°~~~~R~a~~nrr
C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES
i . Agenda
2. Member/Alternate Excused Absences
a. Brent Johnson
b. Ray Tauriainen
3. Minutes
a. June 23, 2003
D. SUBDIVISION PLAT PUBLIC HEARINGS
1. Cohoe Lakes Shaw's Landing Addition No. 02
KPB 2003-134
Integrity/Shaw
Location: West of Cohoe Loap, Kasilof area
2. Betty Warren Estates
Previously approved preliminary -exception requests
KPB 2003125
Integrity/Warren, Srnith
Location: East ofHolt-Lamplight Rd Nikiski area
3. Jumpin' Bean Subdivision (name to change)
KPB 2003-136
Imhoff/Burkhardt
Location: North of Ohlson Mountain Road
K-Bay APC
1
~~~~~
4. Alfred Anderson 2003 Addition
KPB 2003-144
Imhoff/Anderson, Broshes, Pratt
Location: City of Homer
5. A A Mattox Subdivision Pennock Place Addition No. 02
KPB 2003-145
Imhoff/Elan Group LLC
Location: City of Homer
6. Sprucegate Subdivision No. 03
KPB 2003-146
ImhoffJWilliams, McDowell
Location: Off North Fork Road in Ancbor Point
Anchor Point AFC
7. Stanley's Meadow 2003 Addition
KPB 2043-147
ImhofflJones
Location: East of East End Road off Jones Drive
K-Bay APC
8. Diamond Ridge Estates Na. 03
KPB 2003-148
ImhofflArno
Location: North of Skyline Drive in Homer
K-Bay APC
9. Bowman Homestead
KPB 2003-137
Johnson/Clonan
Location: West of Robinson Loop in Sterling
10. Petaluma Acres Beauchamp Addition No. 02
KPB 2003-142
JohnsonBeauchamp
Location: Off Rass Road in Sterling
11. Bean Creek Just Bears Addition No. O1
KPB 2003-138
McLane/Just Bears, LLC
Location: North of Bean Creek Rd in Cooper Landing
Cooper Landing APC
z
12. Abalone Subdivision Addition No. 01
KPB 2003-149
McLane/Templeton Dev., CIRI
Location: West of Sterling Hwy. Clam Gulch area
13. Shady Acres
KPB 2003-139
Ability/Magone
Location: Intersection of Funny .River and Rabbit Run Road
14. Peakaview Subdivision
KPB 2003-140
Ability/Moser
Location: South of Cottonfield Ave, Anchor Paint area
Anchor Point APC
15. Thurston Subdivision
KPB 2003-141
Fuglestad/Thurston
Location: South Shore of Kachemak Bay in Halibut Cave
16. Powers Subdivision Glonek Addition
Previously approved preliminary -exception requests
KPB 2003-113
Segesser/Glonek
Location: North of Ciechanski off Wanda Gail St.
17. Best Fishing Tracts
KFB 2003-143
AndersonlMutch, Anchor Corp
Location: West of Sterling Hwy, Anchor Point area
Anchor Point APC
E. PUBLIC COMMENT
F. AD70URNMENT
NEXT REGULAR MEETING
The next regularly scheduled Plat Committee meeting will beheld July 28, 2003 in
the Assembly Chambers, Borough Administration Building, 144 North Binkley
Street, Soldotna at 5:30 p.m.
PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone: toll free within the Borough 1-$00-478-4441, extension 260
Fax:907-262-8618
e-mail address: planning~,borou .kenai.ak.us
web site: www.borou~h.kenai.ak.us~lanningdept
KENAI PENINSULA BOROUGH PLANNING COMMISSION
BOROUGH ADMINISTRATION BUILDING
ASSEMBLY CHAMBERS
144 NORTH BINKLEY STREET
SOLDOTNA, ALASKA 99669-7599
July 14, 2003 7:30 P.M.
Tentative Agenda
Philip Bryson
Chairman
Kenai City
Term Expires 2004
Tom Clark
Vice Chairman
Anchor
Paint/IYinilchik
Term Expires 2004
Dick Troeger
Parliamentarian
Soldotna City
Term Expires 2005
Peggy G. Boscacci
PC Member
Seldovia City
Term Expires 2003
Mari Anna Gross
PC Member
Southwest Borough
Term Expires 2005
Lynn Koh]
PC Member
Seward City
Term Expires 2005
William Hutchinson
PC Member
Ridgetivay
Term Expires 2009
.Tames rsham
PC Member
Sterling
Term Expires 2003
Brent Johnson
PC Member
KasiloflClam Gulch
Term Expires 2003
Blair Martin
PC Member
Kalifomsky Beach
Term Expires 2003
Todd Petcrsen
PC Member
East Peninsula
Term Expires 2004
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF REGULAR AGENDA AND ADOFTION OF CONSENT
AGENDA
AlI items on the consent agenda are considered routine and noncontroversial by the Planning
Commission and will be approved by one motion. There will be no separate discussion of these items
unless a Planning Commissioner or someone from the public so requests, in which case the item will be
removed from the consent agenda and considered in its normal sequence on the regular agenda.
Tf you wish to comment an 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 wi]E inform the Chairman of
your wish to comment.
1. Time Extension Requests
a. HMS Resolution Ridge Fireweed Meadows Subdivision
KPB File 2002-001 [AndersonlKyllonen]
Location; Anchor Point
b. Centennial Estates Too
KPB File 2002-076 [Anderson/Sipes, Pitts]
Location: Tustamena Lake Road
c. Tom's Log Cabins
KPB File 2001-014 [Anderson/Kelly]
Location: Cottonwood Lane, Anchor Point
d. Carl Sholin Subdivision No. OS
KPB File 2002-151 [Anderson/Stewart]
Location: City of Homer
2. Plats Granted Administrative Approval
3. Plats Granted Final Approval under 20.04.070 -None
4. Plat Amendment Request
Ray Tauriainen
PC Member
Northwest
Borough
Term Expires
2005
vacant seat
Homer City
Term Expires
2004
5. Coastal Management Program
a. Coastal Management Program Consistency Reviews -None
b. Conclusive Consistency Determinations Received from DGC
c. Administrative Determinations
d. Current Reviews
6. Commissioner Excused Absences
Max J. Best
Planning Director
Dale Bagfey
Borough Mayor
a. Brent Johnson
b. Ray Tauriainen
7. Minutes
a. June 23, 2003 Plat Committee Minutes
b. June 23, 2003 Planning Commission Minutes
D. PUBLIC COMMENT/PRESENTATIONSICOMMISSIONERS
(Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous
arrangements are :made.}
E. UNFINISHED BUSINESS -None
F. PUBLIC HEARINGS
Vacate a portion of Olsen Avenue, dedicated by Douglas Lake
Subdivision (Plat KN 76-89) and a portion of Muskrat Circle,
dedicated by Douglas Lake Subdivision Lots 1-A, 1-B, 1-C, Block 1
(Plat KN 81-95); within Section 29, Township 7 North, Range 11
West, Seward Meridian, Alaska; and within the Kenai Peninsula
Borough; KPB File 2003-127; Petitioner{s): William Warren, Richard
D Smith and Lavona L Smith of Kenai, Alaska; Location: East of
Holt-Lamplight Road, Nikiski area
2. Vacate a portion of Cohoe Lake Drive and associated utility
easements, dedicated by Cohoe Lakes Subdivision (Plat KN 1430);
within Section 22, Township 3 North, Range 12 West, Seward
Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File
2003-135; Petitioner: Theodore J Shaw of Kasiiof, Alaska; Location:
West of Cohoe Loop in Kasilof
3. An Ordinance Authorizing the Lease of Tract C of ITC Anchor Point
Subdivision to Kachemak Gun Club, Inc. at Less than Market Value
G. VACATIONS NOT REQUIRING A PUBLIC HEARING
H. SPECIAL CONSIDERATIONS
I. SUBDIVISION PLAT PUBLIC HEARINGS
1. The Plat Committee is scheduled to review 17 plats.
J. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) -None
K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS -None
L. OTHER/NEW BUSINESS
M. ASSEMBLY COMMENTS
N. DIRECTOR'S COMMENTS
1. Ordinance 2000-50 Quarterly Update: July 1, 2003
O. COMMISSIONER COMMENTS
P. PENDING ITEMS FOR FUTURE ACTION
Q. ADJOURNMENT
MISCELLANEOUS INFORMATIONAL ITEMS
NO ACTION REQUIRED
1. Appointrnents to the Borough Planning Commission
2. Seward Planning Commission April 1, 2003 Minutes
3. Seward PIanning Commission May 7, 2003 Minutes
FUTURE PLANNING COMMISSION MEETING
The next regularly scheduled Planning Cornmissian meeting will be held July 28,
2003 in the Assembly Chaxnbers, Borough Administration Building, 144 North
Binkley, Soldotna, Alaska at 7:30 p.m.
ADVISORY PLANNING COMMISSION MEETINGS
Advisor Commission
Cooper Landing
M
Community Hall
Date Time
July 9 7:30 p.m.
3
Advisory Commission ~ Meeting ~ Date ~ Time
Kachemak Bay Advisory Planning Commission will not meet during the summer.
NOTE: Advisory planning commission meetings are subject to change. Please verify
the meeting date, location, and time with the advisory planning commission
chairperson. Chairperson contact information is on each advisory planning
commission website, which is linked to the Planning Department website.
CONTACT INFORMATION
KENAI PENINSULA BOROUGH PLANNING DEPARTMENT
Phone: 907-262-4441, extension 260
Phone; tall free within the Borough 1-500-478-4441, extension 260
Fax:907-262-5618
e-mail address: lannin borou h.kenai.ak.us
web site: www.borough.kenai.ak.us/planningdept
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CITY OF KENAI
PLANNING & ZONING COIHMI33ION
PIIBLIC HEARING NOTICE
210 FIDALGO STREET
KENAI, ALASKA 99619-7794
htta:l/www. ci.kenai. ak. us
The following public hearings have been scheduled for the
Planning and Zoning Commission meeting of July 23, 2003:
PZ03-28-An application for a Variance from the Development
Requirements Table (Height Restrictions - +l- 2-Foot Variance)
for the property known as Lot 9B, B1, VIP Country Estates
(2515 Watergate Way), Kenai, Alaska. Application submitted
by Chris and Lori Every, P.O. Box 2764, Kenai, Alaska.
PZ03-29-An application for a Conditional Use Permit for
BusinesslConsumer Services for the property known as the
East 50' of that portion of Government Lot 32 lying north of the
Kenai Spur Highway (8498 Kenai Spur Highway), Kenai,
Alaska. Application submitted by Crystal Giles dba Midnight
Agency, P.O. Box 686, Kenai, Alaska.
The meeting will commence at 7:00 p.m. in the Kenai City Hall
Council Chambers at 210 Fidalgo Avenue, Kenai, Alaska. 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, Kenai, Alaska 99611-7794
prior to the meeting. Comments may also be emailed to
mkebschull@ci.kenai.ak.us. For more information please contact
Marilyn Kebschull at 283-7535 extension 235.
Marilyn Kebschull
Planning & Zoning Administration
Publish: July 16 & 18, 2003
-~-~.~ 71,v1n.~
~~,~.~-~ 7 ~'a~°,3
AGENDA
PLANNING 8 ZONING COMMISSION
July 23, 2003 - 7:00 P.M.
KENAI CITY COUNCIL CHAMBERS
htt p:/lwww. c i. ke n a i. a k. u s
7. SCHEDULED PUBLIC COMMENT:
2. CONSIDERATION OF PLATS:
a. PZ03-31-Preliminary Plat - Kenai Townsrte ACS Replat.
Plat submitted by Integrity Surveys, 605 Swires Road, Kenai,
Alaska.
3. PUBLIC HEARINGS:
a. PZ03-28-An application for a Variance from the
Development Requirements Table (Height Restrictions
+/- 2-Foot Variance) for the property known as Lot 9B, B1,
VIP Country Estates (2515 Watergate Way), Kenai, Alaska.
Application submitted by Chris and Lari Every, P.O. Box
2760, Kenai, Alaska.
b. PZ03-29-An application for a Conditional Use Permit for
BusinesslConsumer Services for the property known as the
East 50' of that portion of Government Lot 32 lying north of
the Kenai Spur Highway (8438 Kenai Spur Highway), Kenai,
Alaska. Application submitted by Crystal Giles dba Midnight
Agency, P.O. Box 686, Kenai, Alaska.
4. OLD BUSINESS:
S. NEW BUSINESS:
*a. PZ03-30-,4n application for a Home Occupation Permit for
operating a daycare at the property known as Lot 1, Block J,
Woodland Subdivision Part 1, 520 Ash Avenue, Kenai,
Alaska. Application submitted by Michele McCauley-Olson,
520 Ash Avenue, Kenai, Alaska.
The public is invited to attend and participate. The meeting will
commence at 7:00 p.m. at Kenai City Halt (lower level). Additional
information may be obtained at City HaA, at the City of Kenai web site
(www.ci.kenai.ak.us), or by tailing 283-7536 extension 235.
Marilyn Kebschuli
Planning & Zoning Administration
Publish: Juiy 21,2003
1]178/211
'' ~~
~~u `~'
v
CITY OF KENAi
~,` 210 FII7ALG0 AVE., S3JlTE 200 KEI~AI, ALASKA 99611-7794
TELEPHONE 907-283-7535
_ _ FAX 907-283-3014
~~~~~I
~~:
L. Jay Barrett
P.O. Box 821
Kenai, AK 99511
RE: APPOINTMENT - PLe4NNING 8c ZOMNG COMMISSION
City of Kenrxt
At their regular meeting of July 16, 2003, the Kenai City Council confirmed your appointment
to the City of Kenai Planning & Zoning 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. Kenai City Council Policy for Commission, Committee, Board and Council on Aging
Meetings and work sessions.
4. "Open Meetings Act" memorandum.
5. KMC Chapter 14.05 entitled, "Planning & Zoning Commission."
6. KMC Title 14 entitled, "Planning & Zoning."
The Planning & Zoning Commission meetings are held on the second and fourth Wednesday of
each month, beginning at 7:00 p.m. in the Council Chambers. Meeting agendas and packets
will be mailed to you prior to each meeting. The packet for the July 23, 2003 Planning &
Zoning Commission meeting is enclosed.
Also enclosed is a 2003 Public Official Financial Disclosure Statement and Instruction Manual.
You are required to complete the Statement and return it to me within 30 days (August 15,
2003).
If you have any questions, please contact this office. Thank you for your interest in serving the
City of Kenai.
CITY OF KENAI
Carol L. Freas
City Clerk
cIf
Enclosures
July 17, 2003
PLEASE PRINT
SIGN IN SHEET
PUBLIC HEARING• ~ ~ ~~ , 2003
NAME ADDRESS
S ~ ~ `~(:S
K
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