The URL can be used to link to this page

Home My WebLink About2006-06-14 Planning & Zoning PacketCITY OF KENAI PLANNING & ZONING COMMISSION AGENDA June 14, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 24, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION OF PLATS: 5. PUBLIC HEARINGS: a. PZ06-38 -Encroachment Permit for front yard setbacks for the property known as Lot 1, Silvertip Subdivision (410 Highbush Lane). Application submitted by Phillip L. Draheim, 805 Frontage Road, Suite 200-B, Kenai, Alaska. b. PZ06-40 - A resolution of the Planning and Zoning Commission of the City of Kenai, Alaska, recommending to the Council that the Kenai Zoning Code at KMC 14.20.150 be amended to prevent the same or substantially similar conditional use permit applications from being considered by the Planning & Zoning Commission more than once in any nine month period. c. PZ06-41 - An application to amend PZOS-45 (Lot 21, Block 5, Original Townsite of Kenai) to include Bed & Breakfast and to amend the legal description for the property known as Lot 22A, Original Townsite of Kenai, Vozar Addition (510 & 512 Upland Street). Application submitted by Sandra J. Vozar, 1000 Mission Avenue #100, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: a. Tract A, Park View Subdivision -Determine if needed for a public purpose. Discussion and recommendation. 8. PENDING ITEMS: 9. REPORTS: a. City Council b. Borough Planning c. Administration 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. Zoning Bulletin (5/25/06) b. Citizen Appeal Process Agenda June 14, 2006 12. COMMISSION COMMENTS & QUESTIONS: 13. ADJOURNMENT: Work Session Immediately Following Regular Meeting "Development of a Mixed Use Overlay Zone" Page 2 a~. CITY OF KENAI PLANNING & ZONING COMMISSION AGENDA KENAI SENIOR CENTER May 24, 2006 - 7:00 p.m. 1. CALL TO ORDER: a. Roll Call b. Agenda Approval c. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non-controversial by the Commission and will be approved by one motion. There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 2. *APPROVAL OF MINUTES: a. *May 10, 2006 3. SCHEDULED PUBLIC COMMENT: 4. CONSIDERATION.OF PLATS: a. PZ06-37 -Preliminary Plat -Thompson Park -Meyers Replat No. 2 -Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. 5. PUBLIC HEARINGS: a. PZ06-34 - An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. 6. OLD BUSINESS: 7. NEW BUSINESS: PZOS-29 - An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW '/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Temporary permit issued June 8, 2005 for one year. Permit scheduled for review and determination if permit should be extended. *PZ06-35 - An application for a home occupation permit for a quilting business for the property known as Lot 1, Block H Woodland Subdivision Part #1 (104 Beech Avenue), Kenai, Alaska. Application submitted by Larry & Tona Bravo, 104 Beech Avenue, Kenai, Alaska. 8. PENDING ITEMS: a. PZOS-16 - An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) 9. REPORTS: a. City Council b. Borough Planning c. Administration Agenda May 24, 2006 10. PERSONS PRESENT NOT SCHEDULED: 11. INFORMATION ITEMS: a. PZ06-36 Landscape/Site Plan (McCartan) b. State Patent ATS _272 (Tideland Leases) c. Zoning Bulletin (5/10/06) d. Work Session scheduled for 6/14/06 12. COMMISSION COMMENTS & QUESTIONS: Page 2 13. ADJOURNMENT: CITY OF KENAI PLANNING & ZONING COMMISSION KENAI SENIOR CENTER MAY 24, 2006 - 7:00 P.M. CHAIR BARRY ELDRIDGE, PRESIDING MINUTES ITEM 1: CALL TO ORDER Chair Eldridge called the meeting to order at approximately 7:00 p.m. 1-a. Roll Call Roll was confirmed as follows: Commissioners present: S. Romain, B. Eldridge, P. Bryson, R. Fullinck, J. Twait, J. Jenckes Commissioners absent: L. McLennan Others present: City Clerk C. Freas, City Planner M. Kebschull 1-b. Agenda Approval MOTION: Commissioner Bryson MOVED to approve the agenda as submitted and add the lay down items, including the following: Add to 5-a, letter with attachments from Don Pearce Add to 5-a, email from Margaret Rookard Add to 5-a, email from Susan 8v Raymond Carr Add to 5-a, ownership map Add to ?-a, email from Shawn P. Maltby, General Manager, Peninsula Oilers Bryson requested UNANIMOUS CONSENT. Commissioner Twait SECONDED the motion. There were no objections. SO ORDERED. 1-c. Consent Agenda MOTION: Commissioner Twait MOVED to approve the consent agenda as presented and requested UNANIMOUS CONSENT. Commissioner Bryson SECONDED the motion. There were no objections. SO ORDERED. ITEM 2: APPROVAL OF MINUTES -- May 10, 2006 Approved by consent agenda. ITEM 3: SCHEDULED PUBLIC COMMENT -- None. ITEM 4: CONSIDERATION OF PLATS 4-a. PZ06-37 -- Preliminary Plat -Thompson Park -Meyers Replat No. 2 - Plat submitted by Integrity Surveys, 8195 Kenai Spur Highway, Kenai, Alaska. City Planner Kebschull reviewed the staff report which was included in the packet, noting the plat would remove the lot line between two parcels to create one large parcel (Lot 4A); the resulting lot size would meet the requirements of the Rural Residential Zone; and, public water and sewer service is available to the property; a structure is located on the current Lot 5; and, the plat should verify no encroachments exist. Kebschull noted, staff recommendations included to correct the street name from Spruce Street to Wilcjrose Avenue; verify no encroachments exist; and correct Note 2, the property is served by water and sewer. MOTION: Commissioner Romain MOVED to approve PZ06-37, with the recommendations to change the street name, verify no encroachments exist; and, correct Note 2, that the property is served by city water and sewer. Commissioner Fullinck SECONDED the motion. There were no public comments. Bryson stated he would abstain from voting due to his participation on the Borough Planning Commission. There were no objections from the Commission. VOTE: Romain Yes Eldrid e Yes B son Abstain Fullinck Yes McLennan Absent Twait Yes Jenckes Yes MOTION PASSED UNANIMOUSLY. ITEM 5: PUBLIC HEARINGS 5-a. PZ06-34 -- An application for a Conditional Use Permit for cabin rentals (short-term rentals) for the property known as Lot 6, Block 6, Valhalla Heights Subdivision, Part 5 (160 Richfield Drive), Kenai, Alaska. Application submitted by Larry R. Carlson and Wendy J. Goodloe, Larry's Guide Service, 160 Richfield Drive, Kenai, Alaska. City Planner Kebschull reviewed the lengthy staff report which was included in the PLANNING 8v ZONING COMMISSION MEETING MAY 24, 2006 PAGE 2 meeting packet along with staff recommendations incorporated into the staff report, and noted the lay down correspondence added to the agenda at the beginning of the meeting. MOTION: Commissioner Jenckes MOVED to approve PZ06-34 with the recommendations included in the staff report. Commissioner Romain SECONDED the motion. Chair Eldridge opened the floor for public testimony. Wendy Goodloe, Applicant -- Goodloe explained: • She and Mr. Carlson fish from Deep Creek and have a small charter service out of Poachers Cove in Soldotna; • They rent their home approximately three times a week, one group at a time. • There is usually one car or two per rental. • They rent the house May-July and a few days in August (approximately 50 days out of the year). • Their clients are 80% repeats. • Addressing comments made at the last public hearing: All their cleaning of fish is done at Poachers Cove; they now have bear resistant garbage cans at the house; since they do not fish red salmon, there are no red salmon carcasses on the property; they do not operate the guide service from their home; they do not have any livestock. • Because there was no waiting period required by the city code, they amended their previous application and reapplied for the Conditional Use Permit. • They do not personally advertise on the Internet, however the business is listed through other public information. • She has twice submitted complaints of a neighbor's dog charging her in her driveway. They want a quiet subdivision. Goodloe apologized for not having a permit to operate the business -- they were not aware it was required, they generally keep to themselves; and, they had been unaware of the situation. Commission questions asked included: • How do the clients get from the house to where they fish? Goodloe answered, they mostly drive themselves, however she and/or Carlson sometimes pick them up. • Referring to complaints of boats being towed on the street, was she confident they were not their boats? Goodloe answered yes. Ron "RW" Walbecke~ -- Walbecker spoke in support of the approval of the permit, noting he had known Goodloe since 1988 and Carlson since 1982; confirmed the PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 3 applicants fish from Poachers Cove and the clients are approximately 80% repeats; all the fish cleaning is done at Poachers Cove; the boat is always at Poachers Cove; has heard only one complaint at Poachers Cove about the applicants; and, felt the permit should be approved. Kathy Bush, 225 Richfield Drive, Kenai -- Bush stated her support to approve the permit, explaining she lives across the street from the Goodloe/Carlson home and read into the record a written statement which noted she has had problems with dogs and called Animal Control; the business is low maintenance and the place is always kept neat and tidy; the rental business impact to the neighborhood is minimal; there are other rentals in the neighborhood; and, they operate only a few months of the year which brings in sales tax and economic development. Loretta Pearce, 155 Richfield Drive -- Pearce spoke in opposition to the permit approval explaining she lives across the street from the applicant's home; the concern is of the clients who come to her home to request help to jump-start vehicles, etc.; and, when the applicants are not at the home, she does not feel comfortable. Pearce also explained she thought the last time the issue was before the council, it was a final decision and believed that readdressing the issue was in error. Dave Horton, 105 Richfield Drive, Kenai -- Horton spoke in opposition to the permit approval, explaining he was new in the neighborhood; there young children and families residing in the neighborhood; he does not know the applicants; adding businesses on the back side in a neighborhood with no sidewalks would generate a traffic health/ safety issue; and, stated he appreciated the moratorium on business development off the Spur Highway. Horton was asked if he believed renting to one group at a time with one car would have such a big impact on the community and he answered, speeding and accidents could happen. Sheryl Russell, 4220 North Dogwood, Kenai -- Russell spoke in opposition to the approval of the permit, stating she did not want guide services coming into the subdivision or short-term rental cabins and noted her concerns of speeding of the clients. Mark Tudor, Community Schools Director at Soldotna High School -- Tudor explained he is also a guide on the river; knows the applicants; did not believe the applicants' clients would be those speeding as most of the clients are gone early in the morning and return after cleaning the fish; and, spoke in support of the applicants and the approval of tie permit. Steve Wooley, 1008 Crow Court, Kenai -- Spoke in support of the approval of the permit, noting he knows the applicants; assured the Commission all fish are processed at Poachers Cove because he picks the fish up from there and ships it; he also checks on the applicants' house during the winter, keeping the driveway plowed and drives by twice a day. PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 4 Ashley Blackford, 1?5 Richfield Drive, Kenai -- Spoke in support of the approval of the permit, noting there were no reasons to deny the permit as it is a livelihood; there were gross generalizations made of tourists; and, in her three years living in the neighborhood, she had never seen a bear or signs of bears. Quincy Blackford, 175 Richfield Drive, Kenai -- Spoke in support of the approval of the permit, noting he knows the Pearces and is the next-door neighbor of the applicants; he is neutral; it does not bother him having the business there; he has concerns the school bus drives too fast in the neighborhood; and, he did not object to the business. Mary Beth Rathman, Funny River Road -- Spoke in support of the approval of the permit, noting she has met many of the applicants' clients and they are good, quiet people; clients fish from 6:00 a.m. to 4:00 p.m. and believed the year permit should be approved to see how things go. Steve Wooley, 1008 Crow Court, Kenai -- Referred to a comment made by Pearce that the sign could not be read, and stated he noticed it right away and contacted the applicants to inform them the sign had been placed. Dave Horton, 105 Richfield Drive, Kenai -- Suggested a pedestrian traffic pattern study be performed to see what the community lifestyle is on Phillips Drive. Chuck Thomas, Poachers Cove Neighbor -- Referred to a comment related to burning at the applicants' Richfield house and noted he had done some projects for the applicants and there is no chimney, open-pit barbecue, burn pit, etc. He added, the applicants have the best of reputations on the river and guide business; he sees their customers everyday; there is the same amount of traffic at Poachers Cove as on Richfield Drive which is one vehicle; and, supported the approval of the permit. There being no further public comments, the public hearing was closed. Comments of Commission included: • Fullinck suggested consideration should be given to whether the applicants are at the house everyday (during the rental season). • Romain stated he believed the issue seemed to be between one neighbor and clients of the applicants; the applicant needs to better control the clientele informing them not to bother the neighbors, obey house rules, etc.; concerned neighbors should document infractions and report them; there are four other guide permits in the area and it could be their clients causing some of the concerns stated; all should work together as a neighborhood; and, would support the temporary one- year permit. • Jenckes stated he would not support the approval of the permit due to past history of the issue; testimony of neighbors; inconsistencies with the Comprehensive Plant= and, the health/safety issue. • Bryson requested clarification, asking if there was a moratorium on construction in the area and Kebschull answered, no new mobile homes are allowed PLANNING 8s ZONING COMMISSION MEETING MAY 24, 2006 PAGE 5 by code; if there is a limitation to reapplication time and Kebschull answered no. Bryson added, traffic concerns in the neighborhood should be reported to the Kenai Police Department as it is their jurisdiction; and, traffic concerns on the Spur Highway should be reported to the State Troopers. It was noted a staff recommendation indicated consideration of a seasonal temporary permit (May through :August). Kebschull suggested, because it is a seasonal business and because of the appeal period, etc., the Commission may want to consider approving the permit for two seasons to see if there are adverse affects. MOTION TO AMEND: Commissioner Bryson MOVED to modify the date of required review to one year instead of one season. Commissioner Fullinck SECONDED the motion. Discussion followed related to timing and if an appeal is filed (15 day period would end June 8 at 5:00 p.m.), and until the Board of Adjustment hears the issue, the whole season could be gone. Bryson added, the issue would be reevaluated after one year from the final approval of the permit, effectively after next season. VOTE ON AMENDMENT: Romain No Eldrid e No B son Yes Fullinck Yes ~ McLennan Absent Twait Yes Jenckes No MOTION FAILED. Bryson noted, the result in defeating the amendment causes the application to be evaluated from this season's work when the permit may not be approved for this season. MOTION TO AMEND: Commissioner Romain MOVED to amend to issue the permit for one operating season and Commissioner Twait SECONDED the motion. VOTE ON AMENDMENT: Romain Yes Eldrid e Yes B son Yes Fullinck Yes McLennan Absent Twait Yes Jenckes Yes MOTION PASSED UNANIMOUSLY. VOTE ON MAIN MOTION AS AMENDED: PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 6 Romain Yes Eldrid e Yes B son Yes Fullinck Yes McLennan Absent Twait Yes Jenckes No MOTION PASSED. Eldridge noted, to appeal the issue, it would need to be submitted to the City Clerk in writing within 15 days. ITEM 6: OLD BUSINESS -- None. BREAK TAKEN: 8:30 P.M. BACK TO ORDER: 8:37 P.M. ITEM 7: NEW BUSINESS ?-a. P205-29 -- An application for a Conditional Use Permit to hold concerts in conjunction with baseball games for the property known as the NW 1/4 of Government Lot 4 (103 South Tinker Lane), Kenai, Alaska. Application submitted by Ron Lucia, General Manager, Peninsula Oilers, P.O. Box 318, Kenai, Alaska. Temporary permit issued June 8, 2005 for one year. Permit scheduled for review and determination if permit should be extended. Kebschull referred to a letter submitted by Shawn Maltby, General Manager of the Peninsula Oilers. Kebschull noted, the Conditional Use Permit had been issued last year with a requirement the permit be reviewed by the Commission in a year due to noise concerns expressed by neighborhood residents. Mr. Maltby reported the permit was not used last year and requested the permit be extended for another year. MOTION: Commissioner Romain MOVED to extend the temporary permit PZ05-29 with a requirement the permit be reviewed one year from this date. Commissioner Bryson SECONDED the motion. Kebschull reported the permit did not allow music to be played after 10:30; she sent notices to residents within 300 feet of the Oiler Park to inform them of the public hearing and received no comments; a maximum decibel level was not included in the permit; even though the applicant is aware the length of the games may preclude their being able to play music, he did not request the time limit be extended. VOTE: Romain Yes Eldrid e Yes B son Yes Fullinck Yes McLennan Absent Twait Yes Jenckes Yes PLANNING & ZONING COMMISSION MEETING MAY 24, 2006 PAGE 7 MOTION PASSED UNANIMOUSLY. ?-b. P206-35 -- An application for a home occupation permit for a quilting business for the property known as Lot 1, Block H Woodland Subdivision Part # 1 (104 Beech Avenue), Kenai, Alaska. Application submitted by Larry &'Tona Bravo, 104 Beech Avenue, Kenai, Alaska. Approved by consent agenda. ITEM 8: PENDING ITEMS S-a. PZ05-16 -- An application to rezone the area known as Tract C, Daubenspeck Property Subdivision, (170 Bridge Access Road), from suburban residential to general commercial. Application submitted by John Hammelman, Chair, Planning & Zoning Commission, City of Kenai, 210 Fidalgo Avenue, Kenai, Alaska. (Tabled) ITEM 9: REPORTS 9-a. City Council -- No report. 9-b. Borough Planning -- Bryson reported actions taken during the May 15, 2006 Borough Planning Commission. 9-c. Administration -- Kebschull reported she and Department Assistant Carver would be on vacation during the next week. Kebschull also reported a public hearing was planned for the next Commission meeting to amend the zoning code to prevent the same or substantially similar conditional use permit applications from being considered by the Commission more than once in any nine-month period. ITEM 12: I~ERSONS PRESENT NOT SCHEDULED -- None. ITEM 11: INFORMATION ITEMS 11-a. PZ06-36 Landscape/Site Plan (McCartan) 11-b. State Patent ATS 272 (Tideland Leases) 11-c. Zoning Bulletin (5/ 10/06) 11-d. Work Session scheduled for 6/ 14/06 ITEM 12: COMMISSION COMMENTS & QUESTIONS MOTION: Commissioner Bryson MOVED to remove PZ05-16 from the agenda and Commissioner Fullinck SECONDED the motion. PLANNING 8v ZONING COMMISSION MEETING MAY 24, 2006 PAGE 8 It was noted PZ05-16 had been tabled and would not be before the Commission until after development of a new zone. If the issue were acted on by the Commission and failed, by code the issue could not be resubmitted for nine months. Bryson noted, his intent was to remove it from the agenda as it had been tabled with no time certain. It was explained, when the issue is returned to the Commission for action (after development of the zone), it would be re-advertised and renumbered. VOTE: There were no objections. SO ORDERED. ITEM 13: ADJOURNMENT MOTION: Commissioner Jenckes MOVED to adjourn and Commissioner Romain SECONDED the motion. There were no objections. SO ORDERED. There being no further business before the Commission, the meeting adjourned at approximately 8:57 p.m. Minutes transcribed and prepared by: Carol L. Freas, City Clerk PLANNING 8v ZONING COMMISSION MEETING MAY 24, 2006 PAGE 9 STAFF REPORT To: Planning & Zoning Commission Date: May 22, 2006 Res: PZ06-38 GENERAL INFORMATION Applicant: Phillip L. Draheim 283-9306 805 Frontage Road, Suite 200-6 Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment Permit -Front Yard Setbacks Lot 1, Silvertip Subdivision 410 Highbush Lane 04521057 RS -Suburban Residential Residential Neighborhood Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1. An encroachment as defined in KMC 14.20.185 (a) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. This is an application for an Encroachment Permit for front yard setbacks. 0638 Comment.doc Page 2 The structure is located on a corner lot at the corner of Aliak Drive and Highbush Lane. Corner lots require two 25-foot front setbacks. The house was constructed in 1982. Applicant would like to construct an addition to the structure. The structure is considered non-conforming under KMC 14.20.050 (d). Non-conforming structures may continue but may not be enlarged or altered in such a way that increases the non-conformity. Because the applicant wants to construct an addition to the residence, the encroachment permit is required. There are two encroachments. The structure is 23.9 feet from the property line facing Aliak Drive, an encroachment of 1.1 feet. The structure is 24.1 feet from the property line facing Highbush Lane, an encroachment of .9 feet. City Engineer: Nothing additional. Building Official: Approving these encroachments will not violate any building codes. RECOMMENDATIONS Applicant is seeking an Encroachment Permit for front yard setbacks. The application meets the criteria required in KMC 14.20.185. This house was built in 1982 and does not meet the required 25-foot front yard setbacks on Aliak Drive and Highbush Lane. The structure is considered non-conforming under KMC 14.20.050 (d) and may continue but may not be enlarged. Applicant would like to build an addition on the structure and cannot receive a building permit without obtaining the Encroachment Permit. The encroachments are minimum and approving the permit will not adversely affect neighboring properties. Recommend approval. ATTACHMENTS: 1. Resolution No. PZ06-38 2. Application 3. Drawings a; tip' ~. CITY OF KENAI -~ PLANNING AND ZONING COMMISSION '` ~ ~ RESOLUTION NO. PZ06-38 ttiea'fyuf ENCROACHMENT PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: Phillip L. Drahein USE 1.1 Foot Front Yard Encroachment on Aliak Drive and a .9 foot Front Yard Encroachment on Highbush Lane LOCATED 410 Hi~?hbush Lane -Lot 1, Silvertip Subdivision (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04521057 WHEREAS, the Commission finds: 1. That an application meeting the requirements of Section 14.20.185 (c) has been submitted and received on: Mav 17. 2006 2. This request is on land zoned: RS -Suburban Residential 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.185 (d): a. An encroachment as defined in KMC 14.20.185 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right-of--way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which is not a principal permitted use in the zoning district in which the property is located. d. The encroachment is not located across a platted lot line 4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on: June 14, 2006 5. 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 APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, 14TH DAY OF JUNE, 2006. CHAIRPERSON: ATTEST: ~~I/c'~~a e wit~t a Past, Gi wit~t a Fr~tuYe ~~ .~ - 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 '~ `y=~-~"^`` Telephone: 907-283-7535 /FAX: 907-283-3014 I~ -__- - 1992 t~recc~uf U KENAIV ASKA ~~r ~ 2006 ~~ pLANn ;~ OF Kfnr~ , APPLICATION FOR ENCROACHMENT PERMIT NAME ~`1;1 ~, L, STREET ADDRESS yl0 /~i' ~,~„ L n f MAILING ADDRESS SOS f'ronl~iw ,f S'v ' r ,? 00 - Q LEGAL DESCRIPTION /~/ O G 2 f T b L t 1~ s y ~`' ~ ~t, PARCEL NUMBER ~ cr S' 2 / OS7 ZONING DISTRICT (Circle 1) C CC CG RR RR-1 RR-2 RS RS-1 RS-2 RL)L IH PHONE ~ ~ 3 ._g306 Section 14.20.185 of the Kenai Municipal Code outlines regulations for Encroachment Permits which is the relaxation of the Development Requirements Table to remedy encroachments which do not fall under Section 14.20.050, nonconforming uses and which satisfy the requirements of financial institutions subject to the following conditions: PLEASE READ THE FOLLOWING, COMPLETE THE BLANKS AND INITIAL THE SPACE AFTER THE ITEM NUMBER TO INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE CONDITIONS. 1. ~ An encroachment means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. 2. _~ Provide a site plan of the property including location of all existing buildings, rights-of--way or easements, setbacks, elevations, and any data pertinent to the application. 3. _~ A Public Notification and Hearing is required before the issuance of this permit. A $105.00 non-refundable deposit/advertising fee is required to cover these notification costs. (Please see attached procedure sheet) Type of Encroachment Applicant is Requesting: Front: y Rear: Side: ~....r. Encroachment into setback of ~. ~ 9 feet. ADDITIONAL COMMENTS: Signature of Applicant: ~„~~ d~ . N..~-Qum ALIAK AVENUE S 89°59~OO~~E 0 u~ R GLEANO~~ SSW E Fd~S/B rebo 99.32 m W W 0 ~ o 10 m O = Z 33~ !6 ' °`~ 28.0 3l. zz 0 0 0 ~~ ~ ~ '_" ~XiSf ~=' o ~ 3 N ~ 8.0 g. ~ a? ~. _ o 0 0 ~ N O ~. I ~ ~ ._ O 8.0 8.0 O ;-- :. \ ~ Z ~' o J~ I Gr Ot~Je I ~ ~ v v N N 24J 2 8. 0 99.33 S 89°59~40~~E ~- 4 ~. ~J i Fd~ 5/B reb°r HIGHBUSH STREET N O°00 30 W w w u' m m p n ~ y r- y m D 1O g ~ _ _ -- -_ _ so of m n m z c m 0 c 0 50• Swan Surveying ~4 ~ y~e Michael Swan R.L.S. P.O. Box 987 • Soldotna, AK 99669 • 19071 262- I O I ~ ~( O ALw \~ P • '{ •° - -.. pRWN. CMR. JN88 `/3 Fe. 88.0/ DAf`_{ /9, dd SCA~wc / r ^ ~, [/. /~ ti eS °• •~ ~ O T A1rlS ~~~:.^ ~;":r'~',• : Q ~ _ yy1,„ r ! ~l ^' ' • ~ a I Hereby certil y that I have perf or med a Mortgages Inspseflon of the following dsscnhed property / , e lyt~~; C: r . r ••••:•••~ LoT_/. Sr /c.e/.P Sso / t N y'~ ~ ~ 56arr•N 3% TGA/. 21rW Sr•+. Ak ,-s~. ., ~ r';o;,, o ti• ~ ~; • •• °, i \ & ti located m Me Renal Recortl/ng Dslnct, Kener, AK, and the/ the /mprovemenfs situated thereon are WiMln h : <~, ~ F. . l ;. ....._ : , • ,. ! ? ~ ; .; f t t e property tines end do not overlap or encroach on the property fying ad(ecenf Iheref0, that noimprove- menfs on pro ert m d ~ ~ „ ~ , . , ~ ; ~ ' p y ry g a jacent thereto encroach on the premises in quesflon end that Mero are no rwd- • ~„ . ~ ° J ~ ways, transmission l/nas or other visible easements on said property a+cepf ea inditefed hereon. l 7 j ~ \ i • n „ 8~ . e Oatad al S ivA Alaska this ~9 deY of Ss~,Fe.. S..e~ 1988 ~ -+•-- AS-BUILT HsnaH~iH ~-~,~~~ , CITY OF KENAI _ ~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-40 `ttiea'tyof KENAI~ $KA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE KENAI ZONING CODE AT KMC 14.20.150 BE AMENDED TO PREVENT THE SAME OR SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING CONSIDERED BY THE PLANNING & ZONING COMMISSION MORE THAN ONCE IN ANY NINE MONTH PERIOD. WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a conditional use permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning & Zoning Commission or the Board of Adjustment; and WHEREAS, allowing reapplication soon after being turned down for a conditional use permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar permit will ease the undue burden on the public while allowing reapplication within a reasonable time; and WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent application is not substantially similar to the previously rejected application; and WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month moratorium on submittal of the same or substantially similar conditional use permits; NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA recommends that KMC 14.20.150(j) be added to read: (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediatel~preceding_ PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 14th day of June, 2006. CHAIltMAN ATTEST: Suggested by: Council CITY OF KENAI ORDINANCE NO. -2006 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI ZONING CODE AT KMC 14.20.150 TO PREVENT THE SAME OR SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM BEING CONSIDERED BY THE PLANNING 8v ZONING COMMISSION MORE THAN ONCE IN ANY NINE MONTH PERIOD. WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a conditional use permit may reapply for the same or a substantially similar permit immediately after being turned down by the Planning 8v Zoning Commission or the Board of Adjustment; and WHEREAS, allowing reapplication soon after being turned down for a conditional use permit that is the same or substantially similar places an undue burden on the public wishing to participate in the permit process; and WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar permit will ease the undue burden on the public while allowing reapplication within a reasonable time; and WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent application is not substantially similar to the previously rejected application; and WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month moratorium on submittal of the same or substantially similar conditional use permits; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that KMC 14.20.150(j) be added to read: (j) A proposed conditional use permit shall not be considered if a substantially similar conditional use permit has been considered and denied within the nine (9) months immediately preceding. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the day of June 2006. PAT PORTER, MAYOR ATTEST: Carol L. Freas, City Clerk Introduced: June 7, 2006 Adopted: June 21, 2006 Effective: July 21, 2006 (5/ 19/06 sp) s~ STAFF REPORT To: Planning & Zoning Commission Date: June 8, 2006 Res: PZ06-41 (PZ05-45) GENERAL INFORMATION Applicant: Sandra Vozar 252-4207 Old Town Restaurant 1000 Mission Avenue #100 Kenai, AK 99611 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Conditional Use Permit -Restaurant, Catering & B&B Amend PZOS-45 Lot 21 & Lot 22, Block 5 Original Townsite of Kenai (Lot 22A, Original Townsite of Kenai, Vozar Addition) 510 & 512 Upland Street 04707126 & 04707127 TSH -Townsite Historic District Vacant Townsite Historic District/Mixed Use 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 0641 Comment.doc Page 2 development, building design, operation of the use and other similar aspects related to the proposed use. On July 27, 2005, the Planning and Zoning Commission approved Conditional Use Permit PZOS-45 for the applicant (Ms. Vozar) to operate a restaurant with catering services for Lot 21, Block 5 of the Original Townsite of Kenai. Because the property is located in the Townsite Historic District (TSH), the permit could not be issued until the development was reviewed and approved by the Commission as required in KMC 14.20.105. Ms. Vozar never completed an application for the development in the TSH zone. PZOS-45 will expire on July 27, 2006 if an extension is not requested. Applicant is now requesting that PZOS-45 be amended to modify the legal description and to add the additional use of bed and breakfast. Since the initial application and approval, Ms. Vozar has purchased the adjoining lot, Lot 22, with the intent to expand the original development. A preliminary plat was reviewed and approved by the Commission on May 10, 2006. This plat removes the lot line between Lot 21 and 22 to create one large lot, Lot 22A. Applicant is proposing to construct a 40'X60' two-story structure with two 20'X20' garages. The proposed structure shows a 35'X40' restaurant on the bottom story with living (sleeping) quarters on the second story. This information is shown on the attached sketch. On the application, the uses listed are cafe (restaurant), catering, living quarters, and possible B&B (bed and breakfast). The residential use is permitted in the TSH zone. The restaurant, catering, and B&B would require conditional use permits. I questioned the applicant about the proposed B&B. Bed and breakfast is defined as, "means a residential, owner-occupied dwelling in which rooms are rented to paying guests on an overnight basis with no more than (1) meal served daily." Kenai Municipal Code 14.20.321 further outlines the requirements for B&B permits such as no more than 30 percent of the total floor area may be rented and no more than one person outside of the family shall be employed in the bed and breakfast. The proposed structure is not a residence; however, will have living quarters. I questioned the applicant for clarification on the intended use. The intent is to rent rooms on a short-term basis. Based on the information provided by the applicant, it appears the proposed use more closely meets the definition of Lodge, "means a building or group of buildings containing five (5) or fewer guest rooms used for the purpose of offering public lodging on a day-to-day basis with or without meals." Lodge is a permitted use in the zone. The applicant did not provide specific information about the proposed restaurant. When the last permit was approved, the applicant described the restaurant as more of an ice cream or snack type restaurant with the plan to market to tourists visiting the Old Town area. To approve the conditional use, the Commission must determine the following: 0641 Comment.doc Page 3 - The use is consistent with the purpose of this chapter and the purposes and intent of the zoning district. The intent of the zone is, "The TSH Zoning District is intended to provide for a mixed, controlled use in a designated area, which will protect and enhance the historic character of the zone. The goal of the TSH zone is to manage all new development, reconstruction and alterations within the zone." The proposed restaurant/apartment is a mixed use. If the permit is approved, the Commission, acting as the Historic District Board, must approve the proposed construction plans. At that time, the development would be required to meet the historic character of the zone. The Building Official has advised the applicant that due to the type of use that the plans must be stamped by a licensed architect. In addition, the development will be required to meet the new landscaping/site plan requirements. A detailed, to scale, drawing will be required for the TSH development application. During that review, the landscaping/site plan requirements will be reviewed, to insure they meet the code. - The value of the adjoining property and neighborhood will not be significantly impaired. The proposed development should not impair the value of the adjoining property. - The proposed use is in harmony with the Comprehensive Plan. The Comprehensive Plan identifies the Townsite Historic Zone in the Land Use Plan as Mixed Use. Mixed Use is defined as, "The Mixed Use district fosters a compatible mix of retail, service, office, public, institutional recreational and multi-family residential uses. The district does not prescribe specific proportions for these uses, only that all these uses are desirable within the district. Mixed uses are particularly desirable in the Townsite Historic District and City Center overlay zone." - Public services and facilities are adequate to serve the proposed use. Water and sewer are available to the parcel. The City has sufficient fire, police, and street maintenance departments to provide services to the proposed development. - The proposed use will not be harmful to the public safety, health or welfare. The proposed use will not be harmful to the public safety, health or welfare or the citizens of the City of Kenai. City En ig Weer: With the proposed uses and available property for development, off-street parking, snow storage, etc. could become an issue. These items will be closely reviewed upon submittal 0641 Comment.doc of a site plan. Page 4 Building Official: Professionally drawn plans will be required for development of restaurant and catering business, including a site plan. RECOMMENDATIONS The application for the proposed restaurant and catering businesses appear to meet the criteria for a Conditional Use Permit. The request for a conditional use permit for a bed and breakfast does not (as submitted) appear to meet the requirements of KMC 14.20.321. The parcel is located in the Townsite Historic Zone, an area that fosters a mix of commercial and residential uses. If the permit is approved, the development will be reviewed under the criteria listed in KMC 14.20.105. Recommend approval of the Conditional Use Permit for the restaurant/catering with the following requirements: 1. Submit an application and receive approval for development in the Townsite Historic zone as required in KMC 14.20.105. 2. Submit a copy of current State of Alaska business license and proof that the business is in compliance with Kenai Peninsula Borough sales tax requirements. 3. Development is contingent upon recording of the final plat for Lot 22A, Original Townsite of Kenai, Vozar Addition. Recommend denial of the Conditional Use Permit for a bed and breakfast. ATTACHMENTS: 1. Resolution No. PZ06-41 2. Application 3. Drawings z ti~`~. CITY OF KENAI '~ PLANNING AND ZONING COMMISSION --~ ~ RESOLUTION NO. PZ06-41 (PZOS-45) tlrecttyvf CONDITIONAL USE PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR A CONDITIONAL USE PERMIT TO: NAME: Sandra Vozar dba Old Town Village and Brenna's USE: Restaurant & Catering LOCATED: 510 & 512 Upland Street -Lot 21& Lot 22, Block 5 Original Townsite of Kenai Lot 22 A, Original Townsite of Kenai, Vozar Additionl (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: 04707126 & 04707127 WHEREAS, the Commission finds: That an application meeting the requirements of Section 14.20.150 has been submitted and received on: May 12 & May 24, 2006 2. This request is on land zoned: TSH -Townsite Historic District 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements and conditions in addition to existing requirements: a. An application must be submitted and approved for development in the TSH zone. b. Submit a copy of current State of Alaska business license and verification that business is in compliance with Kenai Peninsula Borough sales tax. c. Final plat for Lot 22A, Original Townsite of Kenai, Vozar addition must be recorded. 4. That the Commission conducted a duly advertised public hearing as required by KMC 14.20.280 on: June 14, 2006. 5. 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 APPLICANT HAS DEMONSTRATED THAT THE PROPOSED RESTAURANT AND CATERING MEETS THE CONDITIONS REQUIRED FOR SAID OPERATION AND THEREFORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, JUNE 14, 2006. CHAIRPERSON: ATTEST: ~~I/c'~fa e wit~r a past, Gi with a Future" .~ ~, 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 ,,. ,`. ~., Telephone: 907-283-7535 / F - 3-3014 ~ ~ I ~ I ~ tl~e u'ty u f A~ ~ KENAL ALASKA ~ ~ 2006 pCANNI G DE gATI CONDITIONAL USE PERMIT ~~Nr APPLICATION Date: ~ ~/ .._,~~ ~:~;.. Applicant's Name: A ~ °~ ~ ~Pfione: ~ ~~-'~~D" _, Business Name. ~ /~/~~ ~~~~i¢~ Mailing Address: /VDU ~~S.S/d ~ ~~/~ `~%C~ ~ -"~ a ~,. Street Address: ~j /,~ ,~j`~ ~~~~ ~ ~`~- (Wher~rmit will be operated from.) m ~ ~.._.. Legal Des 'ption of Propert . ~ ~/ ~'" ~~~~~ ~,, Kenai Peninsula Borough Parc 1 No.: City of Kenai Zoning:. s ~~ /~ . ************* Provide a detailed description of the proposed use. If the space provided is not sufficient, attach a sheet to the application. ^ ~~ r ~ ~~~;~ ~ ~ ~` The following information must be provided before your application will be considered for processing. Do not submit your application until it contains all required information. (Check each box that applies and attach the necessary information to this::,. application.) -° ~ I am the legal' owner of the ro ert . p p Y ®~I am not the legal owner of the property; however, I have attached verification b Y 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. (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. ~--- ^y''~~rThe proposed use is in harmony with the Comprehensive Plan. _.. Q-'`~ Public services and facilities are adequate to serve the proposed use. he 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: gq~yQy~ L S 4 ~ ~3m ~ ~ .g ~ ~ 3 .~ < ~ Y ~ d `~~so~a ~\ ,~ ,~. 1 / b V •O ~ e'" 3 ~~ Q ONn ~. 14~, ` t - o~~ ;~ '~ r • ~' ,~ w J .[ \ ' `' ` J •.` ~. o ., \ ,`r a ~A. } ~ ~ ~ ~ ~. ''Yis ~ ~ ,Y ,' ' \ /' ~ w i~ -~ 5 :.. __ ~• ~ 0. 0 r m a Z U ~ J ~ w ~t--~--I-- Ci a v' ~1...•1Ji}..L ,feu ..ew.e ~ __yy ~ I'1"yy'~ ' i ~ ~ I ~~~ •u !. - "~ a __ 4_ ~` Y O`~~ i uwi'H ~ ~ Y W Nml r 'v = f ~ ~ N P a 3 . ~ Q ~ o~ a~< , ~ QQOial ~'. 7N i J < ~l.I f1 a o ~ a Y ~a r o c -pmt r Z ~ ~ ~`0 f s ~ N ~0 t h L1 aQh goy ~ a ~Nroo~a O lah ~ ~~ Q L _ ~ b -i. O ~~~~paY u h~ :t.: , .~ . ,,. ~- i •g .~ C •~~ a~ 7 __ ~4~j... '! ~~ 1 ~ .y ~e% -i ' _ ~ •r .-. ! . ~ I ~ ~~ ~ ~~ i~~ ~ r A ~ •, w. • ~ ~+pT ~~ m ~~ ~ F~~ ~ a ~ S 9 .~ c~~ 3 Q i~~0 s °z '88 R $ ~~" a ~ ~ ' 0~~8`0 ~ Y ~ t ~ ~ ~ W~ eM ~ ~ E t/~ ~~~ ~ 3 ~~9 ~~ E y a~$p ~,p2` 3€ a ~~ ~ ~~b S ~~~~ ~..~ a 0i ~ Fo~'~ W ygi ;'n a'.Y E Eg ~om i=4~ ag Tiv m rn ZVlfi3 z~ ~w ~ N `` , ~ \. ~ /`. n Y ~ J ,~ i ~. `"J ~ ~ ;., _~ ~ ~~ K ~`~e~ ~~~ w ~~~ ? v 0 0~ ~ '~, a-~~ n ~- ~~~~ ~= ~ ~ N ~ a ~ ~~ X ~Ut ~,~ ~ ~ h ~` w ~, ~-- -~ ~ ~ _ _ N~ _ --- - . _ .~-- ~ -, i __ ~ ;~ ~ • E ~ ~ ~ ,> i, ~~ t E~ d ~ ' ~ ,O `~ Q~ ~ _ w ~~~~_c~ i ~ ~ s ~ ~ ~~ ' ~ ~ i - V; ~ , '~ ~~,~ ~ ' ~ o~ ~ c , `\ ~~' w ~~ _` ~ ~ , ' -_ - _ s9~ a ~ a '` ~ ~~ . ~ \~ o ~ ~ ,1 "' r rod ~ C~ `~ tp ~__ _ ` ~~ '~ ~~ .wrn~n--..w...~..rr ~_ t a,~^ ~L ~ Z ~" I j ~kw. j .~ p • ~~ 77 ` - _ ~ ~ s f n• .: MR w~ ~ ' ~ F . -~ sod.. " ~ ~ ~~ ~ ~ ~x=: _ _ , 1S NIbW { ~ ~~t= ~~ ~- ~- ~ ~ ~ ,.009 Z(JS: t~09 A ~ ,-,rr ~. i `` ~ ~ f ~~k?• \\ ' Cn \~~ hl .~. r,. ~# 8~S >~ < ~ .v ~~" w i ~ I ~ r ! ~ i ~ ~. ~, Y ~~.- f i ~ 4` a~~ ~ ~yY ~~ o ~.,~ , ~ t} ; ~~' ~a ma'r'' ~ C,~ Y X~T'''""'"~ '' f r ar. ~w! ~~ ~ ~ .7L~' -.s'~: ~ p~ 1~'•~.',.'l~ L`~~~T,~.7., ;.. ~~ ~ ~ / !'~C: t~tr ~,c tr ~ ~,; R ~ ~-.. '~ '91P~ r s f. „y"::r+1w3~t »~ t `, ~ r xY 7?; A,ti' ~,_ ~ t ~ r~,3 .~~ ~ ~ fry r ~jj1' ~ ~ ~~..' ~ sw Y S<T ~C~` ..- r'bv~ ! t y a .~ µ ,}~, .iV ` "=, ~r ~ ~ «,,'~ ~ xS 1 i sF E~<~;~ ~ zQ~..~~.~ roe ~~~~~y ~~.BQS 1' ~r ,~'r~~ ~ ~~~~ ~.~~~~ ~. ~ ~"» a %~. ~'" i ~~irsfr w'!R'4~ .R.Y iv~ .7 ~ t~T .~p~~,,,, ~,h= : ~ ~. ~`: "~~~' `- X00 \. _ -* ~ r c' 'i~r~ ~~ r ! / ~ o, ~ { i~r~ f ~j~r ; ~..~ <\l... rn ~ k 4' ..., ~ ..fi ~ ~ ~ A i f N Y '~F ~ ,.[ i~!y : R .: ~. ii` ~ # .~ ~ 'F s ~~~ .A:," • ~ ~~ ~ ~ ~b IY .~~i 3~Y~ ~ • ~~...~ci [ ~ 's»S~ jf 3 ~~,~. ~~ 111tt /7XjJ w .y ~ ~ n ~ r ~. k ~ rY ~ e`i ^~Ji~ ~.y ~t1 •,. A t ~ Vii: ':. .~ ...~ ..,4 l ~ 'ca_ r f.~ ..: i :r ,, ~ E ~ r _ r . ~ ~ ~~ ~ ~ N o ~ z Z ~ $ ~ a m M M ~ OD ~ N ~ ~' ~ ~ ~ ~ aD 605 665 ~ ~ ~ 0 ~ 1S NI`dW ~ ~~ 005 Z05 405 ~ oi5 ~ N -` • v . 7 (I~ N 9`S ..,,., ~ n ~ ~ ~ ~ 8`S O ~ M W ~ C&, G, I M Q N ~ = D o ] Q rn sv ~~ ~, y1~ ~ ~ Z Z ~ ~ y - 516 N ~- ~ m o f v n/ L J • w ~ ~ Q Qi ~O~ y°a yr ~- y1 ~ o ,i ,, 1• ~ ~ Z ~ ~ ~ c °' ~ v ~ ~ ~ ~ ~ H 0 0 f° a 605 £0 ~ L05 ~ 0 N ~ _ a Q m cfl ~ ~ ~- m° Q a r v w C7 a0 ~ ~ ~ L ~ Z~~ W ~ wa m J ~o ~ ~ 0 9 ~ £09 509 409 w ~ > N Z, rn ~_ G7 ~_ ~ ~ rn 1S aN`d~dfl tts N a +~ '~`• N N d. ZOS 405 905 N 8pg Egg S ~~/b ,.,//~ o W ~ N Z~S ~v' / N S`S ~~ sT N QQ1 C+ N QQ~ 1 ~ b~co 6'6, rn 6 1 e_ _ 1Qo AGENDA KENAI CITY COUNCIL -REGULAR MEETING JUNE 7, 2006 ?:00 P.M. KENAI CITY COUNCIL CHAMBERS http: / /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 (*) 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) ITEM C: UNSCHEDULED PUBLIC COMMENTS (3 minutes) ITEM D: REPORTS OF KPB ASSEMBLY. LEGISLATORS AND COUNCIIS ITEM E: PUBLIC HEARINGS ~~T ,~,~~.~ ~•1. Ordinance No. 2165-2006 -- Adopting the Annual Budget for the Fiscal /~ Year Commencing July 1, 2006 and Ending June 30, 2007. /~%~~ ~' 2. Ordinance No. 2166-2006 -- Increasing Estimated Revenues and Appropriations by $3,800 in the Senior Citizen Title III Grant Fund for Senior and Disabilities Training. ~~-y-~~ ~. 3. Ordinance No. 216?-2006 -- Increasing Estimated Revenues and Appropriations by $4,210.00 in the General Fund to Pay for Improvements to Police Department Report Writing Stations and a Computer Projector. ~G~~%'yc.C~ 4. Ordinance No. 2168-2006 -- Amending KMC 1.15.130 to Allow Council ~ ~~a~/p~ Members to Telephonically Attend Up to Six (6) Additional Council Meetings During a Twelve (12) Month Period if the Member is Physically Unable to Attend Due to the Need for Extended Medical Care and Treatment of the Member or the Member's Immediate Family. ~~~ 5 ~~~ 6 8,~~~' Ordinance No. 2169--2006 -- Transferring $125,000 From the FY2006 Public Improvements Capital Project Fund to the Boat Launch Capital Project Fund and Transferring $100,000 From the Boat Launch Capital Project Fund to the General Fund. Resolution No. 2006-29 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2006 and Ending June 30, 2007. Resolution No. 2006-30 -- Transferring $9,091 in the General Fund Fire Department for Physical Examinations. ~r!~~~ 8. Resolution No. 2006-31 -- Supporting the Development of a Copper, Gold and Molybdenum Mine at the Pebble Porphyry Prospect Northwest of Lake Iliamna, Alaska. 9. *Restaurant/Eating Place Public Convenience Liquor License -- Juan A. Rodriquez, d/b/a Acapulco Restaurant. 10. *Restaurant Designation Application -- Acapulco Restaurant -- License #4610/Restaurant Resting Place Public Convenience. ITEM F: MINUTES ~rre~f~ ~ ~py,~,~•1. *Regular Meeting of May 17, 2006. ITEM G: UNFINISHED BUSINESS ITEM H: NEW BUSINESS ~~~~ 1. Bills to be Ratified ~y p~pr~o~ 2. Approval of Purchase Orders Exceeding $15,000 3. *Ordinance No. 21?0-2006 -- Amending the Hunting Map at KMC 13.15.010 Appendix I to Include Restrictions Imposed Within the Kenai .?~ ~~~'~'~~'`~ ~ Riv~ ci a~ement Are ~KRS A). ITEM I: COMMISSION/CO MITTEE 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. Alaska Municipal League Report c. Stranded Gas Committee - ITEM J: REPORT OF THE MAYOR ITEM K: ADMINISTRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM L: 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -None Scheduled ITEM M: ADJOURNMENT KENAI PENINSULA BOROUGH PLAT COMMITTEE ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA 5:30 p.m. June 12, 2006 Tentative Agenda MEMBERS: Dr. Rick Foster Homer City Term Expires 2007 Bonnie Hembuch Sotdotna City Term Expires 2008 Brent Johnson Kasilof /Clam Gulch Term Expires 2006 Mark Massion Seldovia City Term Expires 2006 Ray Tauriainen Northwest Borough Term Expires 2008 ALTERNATES: Philip Bryson Kenai City Term Expires 2007 James (sham Sterling Term Expires 2006 A. .CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA, EXCUSED ABSENCES, AND MINUTES 1. Agenda 2. Member/Alternate Excused Absences 3. Minutes 9~, a. May 22, 2006 D. PUBLIC COMMENT (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. SUBDIVISION PLAT PUBLIC HEARINGS 1. Gruber Subdivision Caber Addition KPB 2006-117 [Eastham/Caber] Location: South of Soldotna off Binger Road 2. Original Townsite of Kenai Vozar Addition KPB 2006-134 [EasthamNozar] Location: City of Kenai 3. Match-Gang) 2006 Addition KPB 2006-121 [Imhoff/Match/Little] Location: City of Homer 4. James Waddell Survey Petska Addition KPB 2006-122 [Imhoff/Petska] Location: City of Homer 5. Sunny Hill Subdivision No. 2 KPB 2006-126 [Mullikin/Stearns/Winn] Location: North of East End Road in Homer i a~"";° ~j r... N' _6~ ~9~ K-Bay APC 6. McFarland Subdivision K & D Replat KPB 2006-127 [Integrity/Kock] Location: West of Midway Drive on Kenai River in Sterling 7. Weimer's View Subdivision KPB 2006-133 [Integrity/Weimer] Location: Off Ceichanski Road on the Kenai River 8. Oscar Munson No. 23 KPB 2005-203 [Seabright/Bell,/Kelsey,/Peterson] Location: City of Homer (Rescheduled from August 8, 2005 Meeting) 9. Sunland Southview (Revised Preliminary) KPB 2006-097 [Seabright/Sunland Holding Co. LLC] Location: South of East End Road in Homer 10. Bunnell's Subdivision Sutton/Cups Addition KPB 2006-118 [Anderson/Olsen] Location: City of Homer 11. Kachemak Estates No. 14 KPB 2006-135 [AndersonRurkington] Location: North on East End Road in Kachemak City K-Bay APC 12. Bunnell's Subdivision Fortin Replat KPB 2006-130 [Ability/Fortin] Location: City of Homer 13. Gillean's Inlet View Gordon Replat KPB 2006-131 (Borderline/Gordon] Location: West of Denver Street in Anchor Point Anchor Point APC 14. Seldovia Townsite Alaska Lots 4B and 4C Block 26 KPB 2006-120 [LeQuire/Polsky] Location: City of Seldovia 15. Nashwoods Subdivision Phase 4 KPB 2006-1'32 [Cline/C.I.R.I.] Location: East of Nash Road in Seward 16. Carlson Subdivision KPB 2006-136 [Segesser/Equivest Mortgage] Location: West of Sterling Hwy in Ninilchik 17. Lake Vista Estates Part 4 KPB 2006-137 [Whitford/Carlson] Location: Off Moose Hollow Road In North Kenai F. FINAL PLAT PUBLIC HEARING Toci Tracts (Formerly Toci Subdivision) (Final Plat) KPB 2004-222 [Anderson/Toci] Location: Off North Fork Road in Anchor Point Anchor Point APC 2. Kenai Mid-River Subdivision (Formerly Schreck Subd.) (Final Plat) KPB 2006-047 [CMJV/Kaminski/ Schreck,/AK Mental Health] Location: West of Feuding Lane in Sterling G. MISCELLANEOUS INFORMATION -- NO ACTION REQUIRED H. ADJOURNMENT NEXT REGULARLY SCHEDULED MEETING The next regularly scheduled Plat Committee meeting will be held June 26, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley Street, Soldotna, Alaska at 5:30 p.m. PLANNING DEPARTMENT Phone: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planningCa~borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept KENAI PENINSULA BOROUGH PLANNING COMMISSION ASSEMBLY CHAMBERS BOROUGH ADMINISTRATION BUILDING 144 NORTH BINKLEY STREET SOLDOTNA,ALASKA June 12, 2006 - 7:30 P.M. Tentative Agenda Philip Bryson Chairman Kenai City Term Expires 2007 Tom Clark Vice Chairman Anchor PoinUNinilchik Term Expires 2007 Dr. Rick Foster PC Member Homer City Term Expires 2007 Mari Anne Gross PC Member Southwest Borough Term Expires 2008 Bonnie Hembuch PC Member Soldotna City Term Expires 2008 Lynn Hohl PC Member. Seward City Term Expires 2008 William Hutchinson PC Member Ridgeway Term Expires 2007 James (sham PC Member Sterling Term Expires 2006 Brent Johnson PC Member Kasilof/Clam Gulch Term Expires 2006 Blair Martin PC Member Kalifornsky Beach Term Expires 2006 Mark Massion PC Member City of Seldovia Term Expires 2006 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF CONSENT AND REGULAR AGENDA All items marked with an asterisk (`) are consent agenda items. Consent agenda items are considered routine and noncontroversial by the Planning Commission and will be approved by one motion. There will be no separate discussion of consent agenda items unless a Planning Commissioner 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 comment 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. South Peninsula Hospital 2005 Addition KPB File 2005-122; Tinker/KPB Location: City of Homer b. Poacher's Cove Reinhart/Bozich Addition KPB File 2005-133; Swan/ReinhartBozich Location: Off Spruce Avenue, West of Kenai Spur Hwy. c. Bayview Subdivision Advair Replat KPB File 2005-134; Borderline/Adair Location: City of Homer d. Toci Trails (Formerly Toci Subdivision) KPB File 2004-222; Anderson/Toci Location: Off North Fork Road in Anchor Point Anchor Point APC *2. Plats Granted Administrative Approval *3. Plats Granted Final Approval (20.04.070) *4. Plat Amendment Request a. Mattox Subdivision Birch Terrace Replat KPB File 2005-127; Seabrlght/KPHI, Inc. Location: City of Homer *5. Coastal Management Program a. Conclusive Consistency Determinations Received from DGC b. Administrative Determinations Todd Petersen PC Member East Peninsula Term Expires 2007 Ray Tauriainen PC Member Northwest Borough Term Expires 2008 Max J. Best Planning Director John Williams Borough Mayor c. Current Reviews *6. Commissioner Excused Absences a. Mari Anne Gross, Southwest Borough *7. Minutes a. May 22; 2006 Plat Committee Minutes b. May 22, 2006 Planning Commission Minutes D. PUBLIC COMMENT/PRESENTATIONS/COMMISSIONERS (Items other than those appearing on the agenda. Limited to five minutes per speaker unless previous arrangements are made.) E. UNFINISHED BUSINESS F. PUBLIC HEARINGS Vacate 56-feet of the 66-foot section line easement centered on the line common to Sections 16 and 17, between Nelson Avenue and East Hill Road; within Township 6 South, Range 13 West, Seward Meridian, Alaska; The City of Homer and within the Kenai Peninsula Borough; KPB File 2006-103 Note: 10 feet in the center of the section line not being vacated. Petitioners: Quiet Creek Park LLC by Tony Neal and Bruce J and Marivel Petska of Homer, Alaska; Location: City of Homer 2. Vacate the portion of Showalter Lane 60' right-of--way centered on the line between Lot 1, Tract D and Tract B-2, dedicated by Moose Range Meadows Subdivision Phase I (Plat KN 84-16); and a 20' public utility easement within Section 2, Township 4 North, Range 10 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-111; Petitioner: Agrium U.S. Inc. of Kenai, Alaska; Location: Off Keystone Drive and the Kenai River 3. Name/rename existing streets in conjunction with the Enhanced 911 Street Naming and Addressing Project within the Kenai Peninsula Borough. Streets under consideration at this meeting are described as follows: a. Mathew Circle within Miller's Hide-Away Amended (KN 2003-1), Section 13, T7N, R12W, S.M., AK; Location: off Pipeline Road, Nikiski; ESN 501; reason for change: duplicate name b. Matthew Avenue within Farr Subdivision (KN 78-64), Section 34, T5N, R11W, S.M., AK; Location: south of West Poppy Lane, Soldotna area; ESN 302; reason for change: duplicate name c. Michael Avenue within Alderwood Estates Subdivision (KN 76-157), Section 24, TSN, R9W, S.M., AK; Location: southerly of Scout Lake Road, Sterling area; ESN 302; reason for change: duplicate name d. Miller Lane within Bergsrud Subdivision Amended (K 1644}, Section 24, TSN, R10W, S.M., AK; Location: approximately Mile 90 Sterling Highway, Soldotna area; ESN 302; reason for change: duplicate name e. Mink Drive within Loon Lake Subdivision (K 1686), Duncan Subdivision (KN 75-65), Loon Lake Subdivision Resubdivision of Tract 3 (KN 75-106), and Beaver Brook Estates (KN 78-29), Sections 178 18, T3N, R11W, S.M., AK; Location: south of Ariel's Lane, Kasilof; ESN 302; reason for change duplicate name Minnesota Avenue within Rogers Subdivision (KN 72-66) and C. M. Brumlow 1969 Amended Plat of Lot. 1 Resubdivision of Tract B (KN 78-165), Section 26, T5N, R11W, S.M., AK; Location: off West Poppy Lane, Soldotna area; ESN 302; reason for change: duplicate name g. Misty Court within Woodard (KN 85-29), Section 14, T4N, Echo Lake Road, Soldotna duplicate name Hills Subdivision Part One Amended R11W, S.M., AK; Location: north of area; ESN 302; reason for change: Montgomery Street within Woodard Hills Subdivision Part One Amended (KN 85-29), Section 14, T4N, R11 W, S.M., AK; Location: off Echo Lake Road, Soldotna area; ESN 302; reason for change: duplicate name Otter Lane within Loon Lake Subdivision (K 1686}, Duncan Subdivision (KN 75-65), Buchanan Subdivision Addition One (KN 76- 180), Green Ridge Subdivision (KN 77-21), and Beaver Brook Estates (KN 78-29), Sections 18 and 19, T3N, R11W, S.M., AK; Location: off Ariels Lane and Kenaitze Avenue, Kasilof area; ESN 302; reason for change: duplicate name j. Otter Trail within Fiske Subdivision. (KN 72-51), Section 5, T5N, R8W, S.M., AK; Location: off Otter Trail Road and Balderdash Road, Sterling area; ESN 302; reason for change; duplicate name k. Porcupine Avenue within Beaver Brook Estates (KN 78-29), Section 18, T3N, R11W, S.M, AK; Location: south of Beaver Brook Road, Kasilof; ESN 302; reason for change; duplicate name Porcupine Drive within Tustumena Hills Subdivision (K 1721) and Tustumena Knoll Subdivision (KN 81-130), Section 18, TZN, R11W, S.M., AK; Location: east of Crooked Creek Road, Kasilof; ESN 302; reason for change: duplicate name m. Unnamed private street within Witdwood Corrections (KN 92-73), Section 25, T6N, R12W, S.M., AK; Location:. south of Borgen Avenue, Kenai area; ESN 501; reason for naming; identificatioMocation for emergency service providers; proposed to be named Sixth Avenue n. Wayne Avenue within Browns Lake Subdivision Resubdivision of Lots 1, 2, 3, 5, 7, & 8, (KN 77-166), Section 20, T5N, R8W, S.M., AK; Location: South of Funny River Road; ESN 302; reason for change: duplicate name 4. Resolution 2006-_: A resolution authorizing the mayor to execute an agreement with Funny River Emergency Services, Inc. on behalf of the Borough and Central Emergency Service Area to acquire the Funny River Emergency Services Fire Station and provide certain services. Ordinance 2006-_ An Ordinance Extending the July 1, 2006, Termination Date of .Ordinance 2000-50 to Allow Continued Emergency Harvest of Spruce Bark Beetle Killed Timber G. ANADROMOUS STREAM HABITAT PROTECTION (KPB 21.18) Resolution 2006-31; A Conditional Use Permit Pursuant to KPB 21.18 for an attached 288 square foot wooden deck replacing a smaller existing wooden boardwalk. The proposed location is within the fenced area approximately 18 feet from the Ordinary High Water line of the Poacher's Cove private boat basin near the right bank of the Kenai River at river mile 17.1, Lot 86, Poacher's Cove Planned Unit Development Subdivision, Amended, Section 19, T5N, R10W, SM; AK, Kenai Peninsula Parcel No. 057-489-19. H. VACATIONS NOT REQUIRING A PUBLIC HEARING Vacate the 5' clearing and overhead service utility easement. along the south boundary of Lot 49-B, granted by Morris Subdivision (Plat HM 75-43}; within Section 14, Township 6 South, Range 13 West, Seward Meridian, Alaska; City of Homer and within the Kenai Peninsula Borough; KPB File 2006-123; Petitioners: D. Craig and Nancy S Whitmore of Homer, Alaska; Location: City of Homer 2. Vacate the 10-foot utility easement on the north, south and east sides of Tract C granted by Benchmark Subdivision (Plat KN 76-2), carried forward on (Plat 78-132), and vacate the 10-foot utility easements along the west boundary of Lot 1 and centered on the line common to Lot 2 and 3 granted by Benchmark Subdivision Resubdivision of Tract C (Plat KN 78-132), within Section 5, Township 2 North, Range 11 West, Seward Meridian, Alaska; and within the Kenai Peninsula Borough; KPB File 2006-129; Petitioners: Glenn A and Patricia A Boutonl; Location: East of Tustumena Lake Road in Kasilof SPECIAL CONSIDERATIONS SUBDIVISION PLAT PUBLIC HEARINGS The Plat Committee is scheduled to review 17 preliminary plats and 2 final plats. K. COASTAL MANAGEMENT PROGRAM CONSIDERATIONS L. OTHER/NEW BUSINESS M. ASSEMBLY COMMENTS N. DIRECTOR'S COMMENTS O. COMMISSIONER COMMENTS P. PENDING ITEMS FOR FUTURE ACTION Q. ADJOURNMENT MISCELLANEOUS INFORMATIONAL ITEMS NO ACTION REQUIRED City of Kenai Planning & Zoning Commission Minutes -May 10, 2006 FUTURE PLANNING COMMISSION MEETING The next regularly scheduled Planning Commission meeting will be held June 26, 2006 in the Assembly Chambers, Borough Administration Building, 144 North Binkley, Soldotna, Alaska at 7:30 p.m. ADVISORY PLANNING COMMISSION MEETINGS Advisory Meeting Location Date Time Commission Cooper Landing Cooper Landing Community Hall June 14, 2006 7:30 p.m. Anchor Point Anchor Point June 21, 2006 7:00 p.m. Chamber of Commerce The Kachemak Bay Advisory Planning Commission is inactive at this time. 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: 907-714-2200 Phone: toll free within the Borough 1-800-478-4441, extension 2200 Fax: 907-262-8618 e-mail address: planning borough.kenai.ak.us web site: www.borough.kenai.ak.us/planningdept 11a U N N N _N 6" ~a~dmma~ ° U~ O c~ c~ c~ c~ c~ c~ c~ d W o E y m E ° ` ~ ^ ~ fV0 a a a a. a a a ~° ~ °~~~~DO D ~~ U ~ ~+~ ~ O cua~~~° a ~~ ' ~ ~ _N ~+ O ~ W ~ Q ~«`~ dEo 00 ~ bA w 'Yj ~ ° c mat `o v'~ 'C •~ CL ~„~ cpV ~ C ~ CpC CL•~N°NO ~ ~ ~ a f V O y U ~ f-• ~ ~ Q ~ a~i ^ p+ f~N~ c a a 01 ~ `y' ~ ~ (+-• U .~ ~ ~ o ,., • 3 „~ a A ~, N L O L y O. E d ,~ o0 ~ 4. ... y N v~ 'O > _N ~ ~ ~' p 3 .x dmcm~°~ oy ~N ~ ~ O O .~ ~ G. 1.+ N ~ y 'b W O `~ LY" m m.~ m ~ a~°n oa ~ ~ cpV U U ^cCf' bA O" U s.. 'm m m ar n.'? eo ° d W .~ O N N > ~ '"3 ~ ~ C W ~ 'O w~cESa`>°? =~ ~ C b0 'ti o ~ ~ ~ ~ ~ ~ 7 ~ ^ oUoc°~°.dC`~ o~ p ~ 3 ~ U .--~ (,]. ~~- rn ~ N C ~ ro K aoEm°ic ~m Z om0 O U O bA N y ~ SC $ ~ t'v on.E cU o E C/1 (V .., ~ ... CS. O~'" y O Q 'odc myd 3 rn L. U .~ ~ ~ ~ rn N cd ^+ N ~ w' oa~yddP~ E~ ~ O ~ C .~ • ~+ ~ ~ cd CN O~ ~ s~-i ~ ~ ..0. ~ ~ W w ~a d ~ ~ v ~ ~ ~ o N a ~j ccCC v~ F. f-„~ r/~ Qa N O b c0 O rn.. >. ~ y ~ _N Yl > >. f V ' "3 b-0 N N U L."~" > Imo" c~ f"~' ~ .a~. •~7 " rn 3 ° ` m ~' U y ~' ° ¢ ~ O ^J mac.. >> 'y N I W 3 O •~ ~ b ~ 'U ~ O ~ ~ ~ ~ ~ c°i.g ~. ~ c°i rn~ ~ ~ Z ° rG {q d jUD ~N~.. 'O '~' bA ~ O O~ O N O A ri7" ai ~ ^ w vn~ m m._ n^ 3 c _z O ~~++ i"" y CCj ~ c~C ~" ~ N ~ ~ ~ ~ i.i Lyi ~, ° c = ~ o ~ m U d o a .J `~ y0 ~ 5-7 r..+ CCS ~ r,' CC ~ U .-. Q,, Cd d O C.. O p CL~ V c4 y ~- c t v ~ a O ° 0; ~ O ~ I C]. S.. I '~ O ~ " Q p. d~oa~mi°~cc 'o~ _Zm ~ cpd U ~ ~ ~ I N ~ ~ U U A 'O^O ~ rn„oo~~oo ~~e o U U ~ y ~ N 7 Ot.. .Zy ~ d bA 4 aci ~'~ `o ~ m c ° c~i « N O y '•~ ~ p N ~ ~ •~ ~ ~ ~ '~ ~ ~ ~ G O ~ ~ pCNmmONL >~ > O" ~ ~ O 3 ~ ~"' N ~ O ~ O ~ O OL f. ~ Cn =oc~~$E`= n~ ¢ v~ 4y ~+ C~. ~ > .D ~i' N "-' U .C p a~ w v °' Sm m ~ 5 d >, ?4 p .~. /U~ C. FTOM C~ ~ ,...i N O. ~ ~ ~ d ~ o o ~o ~ n o. a a D UO '+" 'y Q w IyM d > ~...~ 3 a Er ~ O L Y N NfOO O U N •C b .~ ~ 4d ~ y OmDNOdnO aro ti ~...i h N aE ma°'=°U do Q cC Q v~ ~ dim ya`~ios°„ai yv L ' ~ W ~u~miEm'Qm3~ 3~ 0.~, N N C ~o ~ ^p r o~ °~ Q, o a o o~ 'b ~ G c o v a° 3~ ° 3~~ N o a°i ~. ~ ~ Q ° a ~ o ~ ° ~ .d 0n ~ ~° o : ~ `'" .ti i .° o ~ " '~ ~ a0 ~ ' ~ U O n q v C U ~ ~ ~. >, ~ O p •~ bA ~ w ~ b C ~ .~ ~ ~ ~ ~ y b ~ .~ ~ ~ ~ .~ o. ~ 0 3 '~ •a :~ •~ w ~ ~ ~ ~ ~ `~ '" ° ~ ~ .~ ~; ~ o ' ~ .> 0°30 ~ '~ ~° ~ a+ '~ ti 1".. N O C U ~ U RS ~ c~ u ~ „ ~ G b .~ a C7 -v " ~ 3 ~ s.. ~ a~ c o +~ a°i x w a. ~' ~ •~ d w ~ ~ ~ b O ~ ~ N N O. a~ bA O >, ~ ~ O ~ a~ ° p. ~ O ° t.„ b +~"' ~ U ~ .~ O --~ C ~ ~ «7 ~ Q. .C w y p ~ N v~ '~ O U ~ U ~ ~ ~ ~ o a0 a0 ~ ~ ~ ° N cd ~ V ~ ` ^' `i' •,0, ~ ~ ~ ,~ ~ Q O -Y ~ O y>>, O N `~' .b b tr ~ ~ ~ rn y O ~ E •~ '~'> ... o g ~ ' as ,~ 3 y ~ ~ Q1 y o ~" ~ ~ y a ? ~ ~ '~ ~ ~ ~ °`' °~~' ,.L ° ~ ooi o ~ o cv o a3i 0q a0 p ' ~ ° v; ~ ~ ~ ~ ~ a~i 3 3 _>, ~ -d `~ '~ ~~ ~ .~ o d 0 o U 'v, ~ ~ U o ~ ~ ~ '° o a o ~ o a .~ b ° ., a0 ° Q, o •~ •~ o ^ -d o ~ ~ `~° a o n. ~ > .ti ~ o O ~ O ~, ~ ~ GQ ~~ ~ p ~ ~ ~ .Y -' U v°i ,~ ,> "~' ~ G ~ C ~ v 0.l ~ h y 'O ~ 0> .y. y ~ ~ U C. ~ w a3 O~+ •~ .~.. ~ O ~ ~ ° b0 U C w U U ~ O, .O 'd j .L C 'Z3 g o ~ ~ ~ ¢ ry O ~?3 ~ b .., o a0 ,,_, w ° ~ .n -d .° ,~ ~3 ,~ o c° .~ ~ ~ ~ °~' C7 3 ~~ -o ti = ,~ ~ O G' ~` p ~ p i y vi pp ~ s. rn U O O > O N ~.' ~ ~> O .D '~ c o ~ ~ °' ~ 3 0 •ti ~, 0 3 00 .o d 3 a0 :d ° '° a > ~ > ~' .., o ~ ~ >, ~ ~ • a0 ~ N ~ 'u o q ~ :ts o Ts '~ ~ ~ ~ a0 ° ,~ a ~ ~ ~ ~ b ~ .~ ~ a d o ° ° ~ ~ 'r ~ "' 'ti ° ~ ° ~ ~ o ~ `~ ~ ~ '~ ~ ..~ ai ~ ° a v° ~ a ^ b ~ ' o b ~ ~' ° '~ as ° 3 ~ ~ > _ ~ • ~ i ° ~ u o > U ~ ~ S v ~ ~ ''~ 'b a0 a a0 .a ~ ,b a a ~ o U ~ ~ ~ ~ o ~ ~ ~ ~ ~ t ~ 00 ~ d ,x L` ~ ~ o U ~ ,~ ° ~ .a °' '~ ~ '~ 'b a0 a0 o d ~ ~ ° o o ~ •~y ,~ a0 ~ ~ ° °~' ~ °" ~ ~ ~ :~ C ~ °~' '~ ~" ~° N ,,.., v Q ~ ~ >; "o a~i .c -~ w 3 ~ :b ~ w `~ •v ca .o r,.y. ~ °~i0 3 ~ ~ +~ b M o .b '~ [ ~ ~ s m U `" ° ° Y > Q °~ ~ '~ ~ a0 ~ d o ~; p ~ v o o ~ o '~ ~ '° d 3 ~ [~ -. ° V ~ o .-~ °*~' °~' ~ c~e~CU U3 ~ OU~.O a~ ~~1 ~'°~ ~ a~ W ~ ~ o~ ~3 0.~ av° a, °i.~ o ~ ~ ~ Ga W v o' .... ca ;a 3 A v v :ro v O O N ~i N P~ N N w s ca 6J C ~ w y~ s N i r' ~ N ice. ~ ~ U .°~ rJ °~~' ~ ~ o o co °^>,.~-o ~ ° Iwo ° ~ ~ o~~ ~~~ c o-d'~ ~w,.d N U ~+, 'J b b~A 4p N ~ rn ~ O cC ~N N n 'O ..~+ p ~ L~+ `n y O ~ >~ ^~ ~ y ~ .fl ~ ~ ~ •~ CL"0 Rl ~ .~ ~ ^~ 3 ~ bn ~ ~ ~ ,~ w ~ 0..~ O p c}~' O b C i.. .y ~ ~ ~ ~ ~ U O ~ ~ V ~ ~ >, 'O ~ O ~ ~ '~j ~ u•' T ~ ca O ;~ ~ >, Q. ~ ~ rn N ~ ~ ~•" i, on ~ a~ ~ --: w ti `~ ~; 3 0 ~ N o ~ ~ `*~• ~ a~ ~ c ~ a ~ ~ ~ .b ~ ~ o >, ~ • ° ~ ° ~ ~, oo eo v .~ ~ o ~' 'b ,-~ o 'ti 3 ~ -r~ ca a~ o ° y ~ .~ y 3 ~ b ° ca ~ b ° o :: y o q y 'v ~ Q >, ~ •~ °~ •~ ~ ¢ ca y ~ ~ ai o C '« b w ~ o ~ ~ .c ~ ~ w ~ °~' o `~ t.; o ~ a i 3 c ~ a v ,°~•, ~ g ^o .,c°., o ~ °~' 3 a ° ~ ~ ;; °G o ~ ,~ • ~ o°o i Y ~ ' a ~ N ~ ~ U ° o b o ~ -d ~ a~ on ~ a~ o b .> ~ 3 •~ ;~ ,~ -o ° ~ ~; ° ~ .d a~ ro o ~ o c .~ ~ ~ ~ o U ~ aai ~ w >, ca a`"i ~ o ,.C ~ y ~ a~ ~, 3 ~ •~, ~ ., o ,Y ~ o ~ a°i "' ~ ^' :n Q ~, °o° ~ o o ~ = a ~ ~ ,~ '~ o °~ ~ w° `~ w ~ Y ° '~ °~' o 0 bn ~ ~ U '" n ~ O „r o ° w •Q ~ ~ aw~i ~ o ~ ~ ~ a`di .~ •RT ~ o ~ ^p U ~~~, ~ h 'C Q C w -p •O ~ v, t1 ~ O h C," o> ~ b t~ O C1! ~-, w y .b T U i> ~ •Y T • ~ ~ O ~ N ~ "O ~ Q U ~ o ~ '~ ~ ~ ~ ~ ~ ° ~ ~ °~' ~ ca ~ •~ a. >, i a~ a~ ^N a ~o ~ c O • ~ a-di '~ 3 . ~ ~ o ~ ~ ~ ~. -o ~ 3 `~ 3 ~ 0.1 ~_ ,;? .~ ° ~ o ~ a o a~ S ~ ~ > ooNn ° ° y ~ ~ a~oi ~° 'U' ~ ~ C ~ ~ -°= a ~ w .~ ~ °" ,b ,b ~_ (.'" ~ o ~ ~ °~' 3 w .~ N > ~ ~ ~ i o ~. a ^ b >, ~ •.. nY .o ~ ~ ~,_, b o -o o °' ~ ~ ~ ~ ^o ~ ~ ~ ~ 0 3 Q >, ~ oq ° p; ~ o .y 3 ~" ~ ~ o. '-! .b ~ o o °: ~ i :? o ~ ~ ~ _°? o ~ 'o ono > o ~ ~, Q ~' oo ~ o ~ ~ ~ b ~ ~ ~ ^ `" v ° *~ ~ ~ ~ ,o .?, ° w ,,5., ~ 'in 'D ?, 'T:,, bA ~ ~ p ~ ~ a) ~~" U rn .fl ^d U ~ > U O ~' ~ .., 3 Q bn ~..' O ~ .D ~ ~ ~ ~ ° N c O ~, ~ O ~ y .~ :~ Q 3 a~ o ° G ,ca on •~ N ."'r -~ is a~ o ~ ,~ U a~ ~. •~ w s. ai U ~ pn •y ~ '~ ~ U ~ C •c U '~ *~ E•" > ~ ai 4" >, ,~ a~ a~ y .C p ^CS O j'' y CS ~ Q p~ O ^ U U~ '~ ~ ° -d r.i b~ b 3 y b U 'tf O ~'" ° ~" U y ca o ~ h a s. U U cn fs, (~ N o u o a ~ U ~ A 3 t~. ~ ~. caw ~. o~ ~ ~. i Y ' ~ s. 'C O~ ~ ~ O O. ;? O~~ O w N ~ ~ ~ ~ 0.p o0 O ~ ~>'+ U ~ O C> O sU. . ,n .~ .O o ° 'ts ~ a- ° a .~ 04 ~ on '.~ ~ o '~ :~ ~ ~ R, ~ U y O p ca `~ O ~ •~ Jy ~ r.~ U ~ ~ ~ i~+ o"i 3 ¢' ~ a~ o °~ o• C c~ a ~ ° ~ ~ ° ~ cab 'b ~ o ~ o "LS > O U ~ ~ ~ a~ O O • ~ y •',~ > U V ~ y o p~ a .~ a°i Y~ U ~ o ~, c~a C ~ ~_ U 3 ~ ~ a~ aUi ~ Q. •~ ~ ^v~ O ^ ~~~o~~o~ba:~~~~~ ° }; ~ ~ .O ~ ~ ~ ~ onw ~ ~ y •o ;3 ~ .~ A N U V ~ Q° v~ 3° ca•~ b S..Y y a'"G-~ ~ U U Gr ~ Q ~ U U a~ O -d ~ O N N N ~ O ~ > cn c/1 V1 ~ U ~ .b i ~" ~ "' a i . ° o ~ 3 ~ ~ 3 . ~ ~ ~ a ~ ~ a ' o ~ O ~ ~ Y ~ Q ~ r~ U b A U ~ ~" ~ ~ ~..'' ' C+ ~ O ~••' U ~ . ° UN. a ~ • °; . , c o ~ ~, a ~ ~ ~ Y ,~ 3 a o . a . ~ cct C ~ ~ ca ro ~ ybj y U "~ ~ O+ :'O ~ 0 v a .~ ~ o 0 0 3 ~ ° .n o .°~ ~ ~ G o U >'o ~b ~ ,, U , ' o 0 0 •°' ~ o w o U O O •^ ~ a V am w c n ~ w y ., N O .~ ~ ~ ~ ~ z ~~,o~~w~~ ~ ~ ~ ° w '~ ~ ~' 3 ~ U ^rn N O w 3 ~ E-+ ~ F" a°~i a°~i ~ ~ y c W O T .Y ~ U ~ Q O •~ N ~ •C -~ b 6, y V U W .. :b ~ -o o ~ q ¢, ~ ~ ~ ~ ~ «S rf• ~ ~ U ~ ~ O ~~> o d o 3 w °o ~ °~ 3 ~ ~ '~ o N ~' v a cd ~ > .Y Gi ~ ~ ~ c a 3 ~ ~, v, m o a ~ ~ ~ ~ ~ c a ° U sy ~ ~ o o .~ o ~ ~ ~ ~ w° ~ ~ d ~ ~ 3 a~ ~ ~ ~., ~ sy ~ O ;b N o ~ a~i a •'~ '~ W o ~ ~ ~ ~ ~" ~ ~ ~ S O q is p o°~ ~ : j ° ~ ~ V' ~ ~ ~a n q ~ Y c o ' ~~. 'b ~ O U Z ~ a ~ o ¢ a i , ~ ~ a~+ 'b ~ ~ h •v ~ , ~ ~ b p W ~" '~ I 'Y U Z ~~ O Q G J a ~ ~ ~ w ~ o U w ~ ~ • ° u ~ `° ~ o ~ . ~ ~ c o ~ ~ ~ y •o a~ w ~~ ~ m m ~ ~, o ~~ O o b ;; °~ y 5 W~ ~ U o U a ca t ~ ~A ~`' 0.1 N °o N vi N ° a > ) '~ 0~A y ~ ~ b~Q c~C f-,' cC N >' U N cC ~ 'd ~ ~ N 'bC T cC N T y ~ i t-. v~ ~ ~ C ~ ~ ~ bq a~ ~ ~ C]. O ~ C ~ .~ w ~ O ~ ~' v O O 'b Cy .~ G. ^ cd .b "U U v ^ ~ p O U ~ ;~ a; a~ O ~ .4: t0. •.~ ~ O R' a~ .. i i y U rn N '~ ~ ~ ~ bA ti N ~ U ~ -o a~ ~ 3 0 0 ~? ~ oq ~ o 00 ~ ~ aoi '~, C •~ b o w 3 `~ ~ ai "~ 'o w •~ ~ a ou ° ~ -o ~ v .~ ~ w ~ 3 a~i ~ o C '~ ~ p i ~ .~ ~ o ~ '~ o a~i o °` c i ~ o a~i pb -o N ao o. a" ~ ~ o ~ ~ •~ a. [moo, ° a"i 3 '~ ;~ .~ "o ~ H ° ~ '~ ~ ~~ ~ ~ ~n ~ ~ 0 3 0 a'~ ~ ~ .n a~ o a w ~ ~ c -c ~ ~ .~ ~ a ~- "' 3 ~ ~ ~ i ~ ~ 3 ~ tie >, u0. O ~ ~ y ~ ~ ~ vi ~ .°O ° ~ O w0 `" ' ~ ° ° ° c~ v ~ b 4. .C N •~ ~ y j ~ o~ y ti„ y v V ,~ N C N >' N O q ~ .~. O H O ° cd ~ N d' 't3 .~ N ~ •~ o ~ ~ ~ oM x 3 ~ '~ 3 ~ ,~ y ~ ~ z w ~ 3 ° o ° 3 ~ aC '~ obi ~ M ~ v y, •O„ ~ s~ ~ U ~ '--1 c~CV ~ ,'C bA ~ Q ~ O Y p V E-" 'O ~ yp„ Y U Q ~ ^y O. ~--~ i. s. ~ N, ~ b ~ 3 ~ id 'v w° aoi w v, ~ .o ' ~ ~ 3 • ~ ~ 3 Q "o ~"~ ~ ~ ~ ~ 3 ~ ~ ~ °~' °~' o ~ ~ > W ~ o ~O ~ z.. .C ~ C N ~ •v G Y .C .~ ~ U O. ,~ O ,,~~, c~C ,~ N~ ~ i"' 'q y ~' i. "~-' 'C3 b `~ b d- ,~. 'v °J o; °~ ~ a~ ,~ .C •~ '~ .~ o v ~ s.. ~ 3 w ~ a~ cd cs `~ 3 vi O b o >, •~ ?? a3i ~ ° °" o ~ ~ `cs ~ ~ > y r. v, ~ o ~ 3 o b ~ ~ ~ a~ c y ~ c~c Z ~ a~ ~ '> ~ c ~ :Y w° ~ ~ ° 'y ~' coe `~ ~° Y ~ ~ 3 ~ x coa .~ ~ b .ro ° .Y s~°, .°° ~ ~ c a~i > ~ ~ ~ r ° o ~ ~ ~ °J ~ ~ a~i ~ o ~ p b a°i ' ~ o ° ° is o a o °' ~` aoi '~ ~ °o' o c b 6. a ao ~ .~ > > ~ •o ~ ~ ~ ~ i ~ b ~ ~ .,~~,, ~ b .b `' °-0 ~' C a~ ~ ~ ~ ~ ~ x _~ ro O y ~ y v, E-~ b ~+; ~ ~ ~ y ti., -C ~ ~ b p a~ a~ % O c`d O ^U ~ V V ~ ~ q ~ ~ U ~ N O O I •~-~ ~ .~ '~ ° U° c~ .b ~ ~ 'd' ~ ~ ,y ~ N ~ 'c7 ~ ~`=' ~ . ~ ,~ U b _ e'~ ~ ~ .., ,ti `~ 3 . a, ~? •~ ° ° o o. a ~ o ~ y ,~ ~ ° .c > o ~ ~ ° o -d a~ o o b c o ~ ~ ~ ,~ •~ ° ~ ° • ~ on ~ °" ~ o 'b ~ a~ o F" ~ o c°'i a o a~ o ~ ~ °3 ~ ~ • ° a ea" ~ o ~ ~ .d y .c .~ ~ o •~ .d 3 .c F ~ o c° ~ ~ ~ ;~ o ~ ~ '> .~ b ~ °' -[ " c"i > `d ~ ~ a, ~ ~ c x ~ ° F~ ~ o ° .n o ~ ~ ~ Q o o -~ a~ as -o ~ c, ~ ~ ~ ~ o ~ ~ ~ ~ ~ o ~ ~ ~ 3 ~ ~ y ~ .~ Q, Q. ~ ° ~ ~ w ~ •M ° ~ `~ ~ ~ '~~ o o ~ ~ ~ w •ti ~ 3 0 ~ o a`~i a~ ~ ~ ''~ ,~ ro ~ ~ ~ o ~ ' ~ ~ ~ I .~ 0 0 c ~ y ~ a. ~ '° ~ aoi ~ Y ~ cos 'b ^ ° ai ~ ro 'b ~ ~ Q o o -d .... ~ y o a .b ~ ° ~ U o ~ ~. ~, ~ ~ ~ o a ~ c ~ ° c > ~ q ~ ° ~, ~ =~ 3 > c .o ~, o ° w .0 2s ~ c ~ ~ ~ 'a oo s' ~ c ° c ° ~ > ~ a ~ ~ y O p ~ b ° ~ > ~ ~ w O U ~ ~ a ... ^d ~ ~ b a~ ~ ~ -~ O O ~ C ~ 0.~ . ~ O ~ ° > U obi i o ~ O a~ a ~: ° ~ ~ C~ O p" a~i c`a ro > c`d' ~ ~ .Y ~ '~ oA ~ •~ a~ o o, •^ a~ ~ co a~ ~ ° o ~ a`"i ~ ° '~ qiD 3 ~ ~ ,+~ .~ ~ °' o cn ~ O ~ •'~' b "° ~ o .~ ~ b ~ ~ •q °•~ on 'i :; ~ o k ~ b o ~ ~ °~' •~ Q c o0 3 ~ Q ~ a~ y ° x U F-' °: '° °~' 'b ro > ~ c~i v °' ~ ~ °? H ,~ Pa N 0 0 N N a~ a a 0 a i C0 G O .fr' .~ CD q .~ .~ ~ ~ ~ w ~ o F~ ~ ~ ,o p N y ~ y cC U C h ~ .b > w ~ O. 't7 ~ o ~0 0 0 ~ ~ a' ti ° °: w ~ as ,Y O O .~ ~O .~U+ ~ 30 ~""" .C ' Q.. 0 bA O 0 .~ ~ co" O. ~ fir., ~ 0 C O U G. >, ,, 'b p ~ ~ p •>, O ~ y, O b U~~ 0~ ,5., ~~ O y ~ ~+ ~ ~ ~ C ~ '~ ~ •~ ybj p ~ cC O ,,, ,~ 'O O N 'U •v, •~ ~. 3 RS N y V y ~,•, y ~ o ~ ~ ~ ~ a ~ ~ ~ ~ •p .° " ° ~ ° Q own ~ ~ 3 ~ °' c O '6 b~~ y N 3 v> .~ ~+ ~+ ~ ~ U V ~ ^ ~ bA N U C cd S"' '.~+ b .~..1 cd N ..~.' R! s. ' i, t" YO 'O .0., .C .~ v .b ~' Up.. ~ y 'b ^ ~ cn <n N ~ O Ri O ~ ° C ~ V ~ ~ ~~ C ~ O a~ y o~ v O~ C~~ 'O ~ .b ,~ ° o ~ ~ ,~ -o 0 ~ c~ ° ~ o ~ o o ~ o °, ~ ~ ~ ~ `~ ~ . ~ ~ aoi ~ ~ ,b ~ ; ~ y O ca -d ~ a. ~ c`a'd ~ a~i 0 w ,b ~ ~ ~ ~ ~ ~~ ~~b ~ ~~~ ~ o .. G. ~oA ~ ~ ~ ~ ~ d' p C w, 'J ~ v~ ~O ~ O ~ cOa u ~ ~ ~ C ~ sue. ~ .O `~ r. O, ~ N C a~ 3 0~ 0 v o°~° -0 0 O ~" U ~ U bA f.J H in ~~ ~"' V O b ybj ~ •C V~ b Y cd ~ 3 ~ ~ O b ~ v p y • ~ ,p ~ N ~ ~ ~ O eh '~ .d p0,,, : O b ~ ~ b . v: .b ~ ~ A a' ~ ~ ~ ~ c'bd \O '~ O O ~ [~ O. '~ c~3d .~ O ,b U ~ tip C V ¢' ~ ca ~" ;; O ~ as b ~' ci C °' ~ ~ s ~ a 3 0 ~" -o N ~ Oq 00 ~ a '0 '~ >, a aC '~ N ,Y o°o ~° ~ ° ~ ~ ~ O ~ q~ 3~ 0 O w •~ O ~ N ° '~ ~ ~ .~ O ~ ^d N O ~ ,~ h G .~ N ~ y., O GL ~ ~ '~ ~ G b o~ y ,y 0 0 0 a~ ti"' o?i +- a ,~ o °p ~ U N~ y Q~ ,~ ~ V ~ .~ O. 3 a~ c`d N U N ~ 'd ~ ~ ~ ~ ~ ti ~ cad ~ .d ~ C ~ O O d ~ ' C y ~, w N y C. at <d > .~.. N ~ ~ cd rn ~ rh > cd ~ b cd ~.. 3 ai ~ w ~ ~ a~ a°i b ~ -d ~ '~ 3 o cOd v~.a °~'~ Q\ ti M h M '~ N Q b ti U O Q w "~ 0 0 w y a 0q w ~ i i ~ ~ ~. cd N bq --c ~ ,~ v' O cd ~ ~ ~ ~ w ~ a0i O V ~ ~ a~ ~ ~ ~ Oa, • ~ ~ O ~ Op ~ obi ° ~ ~ Ri .C 'O b ~ ~ O w a ~ b 00 •,~ ~ ,O V a~ w ~ V ~ N `. o ~ C :b^, c~~-a++ ~ -O b~A O N .Y q y •~ ~ ~ ~ ~ '~ .ti°a ca ~ V O N ~ •O O ~ ~y ~ O N ~ •~ y i y O *, cn ^_ v, ' ~ ~ p a' :b ^ U o0 N ~ n U w '~ ^o C c> O `~ y w '~ Q ~ N -(n ~ O ~ ~ "" w0 w O ' ~ ~ O v~ , O ~ ~ N "G y chi w ~bA ~ ~ ,~ v, „ w -o ~ `n .~ •~ b i o ~ ~ '~ b b ~ Ca ~ ~ " 00 ~, ~ -~ o ~ > ~ oo ~ b ~ ~ .c O r''i, q ~ ~ >, 'r^i~ . ~ ~ y ~ O ~ ~ U P. ,rn ~ ~ ~-' ~ ti bA ~ -~ ca ~ ~ a 'n " U ~ ~ :; O ~ N ~~~++ '+~ ~ V U >, ~ a~ y i~ ~ O y '" O rC~ ~ ~ O ,C ,T, U ~ U v~ G. N iC ~ ~ w N G ~ ~ ~ ~ ~ +-' .>. ~ 'd .~ ~ U '~ ° O bA '~~,, CL +'"'+ ~ w. b N O O b N p., •.. ~+ 'O ~ ~ ~ bq ,~ td •~n ~_' L', y N N ~ 00 y a'.~.. O ~ y ~ O ~ ~ ~ b ~ •~ ~ U .v ~ •~ ~ ^C1 ~ ~ ~ U 'b ~ ~ h ~ ~ O H U cd b ^ CL ~ ~ O G~ U w k °. ^ ro 'O ~ C p p ~ y ~' Q c~ ~; C. V '° ~ ~ i V b O ,r ~ cd '~ ~y w y V ca ,~ U p p ~ .~ <F O ~ U ~ b ~ y V p ~ b ~ U ~ ~ ,.C ~ ~ O ~ .~ cC • ~ ' V C ~ ~ ~ O ~ U ~ yV, cd o ~ '~ °~' .~ .~ ~ °' c ~ ~ ~ w o a ~ a ~ •~ ~ ~ ~ ~ ° ~ ~ ^O „p 0.,U I O U ~ a~ ~ ~ 'b 3 -0 000 0 '~ ~ o ~ o ~ •° b ~ ~ ~ ~ ~ ~ ,o ° Q o ~ ~ y '~ 0.' ~ o ,~ °~ ~ ° w a~i ~ abi o ° ~ ~ w ~ ~ ~ i ~ a0i v ~-, o °' ~ o ~ ~ rY y ~ z ~ ~ Rs 3 d' '° 'sy a ^ c. ~ ~ ~, b •~ >, ~; ~ ~? ~ ~ ~ ~ a 00 a ~ 3 ~ M ~ o o ~ ' ~ Q U ~ 3 ~, ~ ~ , O b~A ~ cd ~ ~ ~ ~ w ~ ^ O" ~ .'C.~ N iG Y U ~ 'O ~ ' ~ ~ ~ Q ~ C y O ~ 'b Z O ~ '~ ~ >, ~ i .o ~ ~° w x .0 ° ~; •° °~' •~ b o •~ ~ a~ Y 00 0 .~ ° ~ Q ~ 'S '~ o o ~ w ~ ~ 3 a~ b w ~ o o O Z ~? o a ° ~ ~ ° 0 ,~ 0n .~ ~ '~ ~ ~ U .a U C7 i ° S ~ ~ ~ c°'i 3 ~ ~ 3 ~ ~ '~ ~ ~ .~ ~ o. ~ - j ~ ~ ~ 3 ~ ,~ .~ '~ ~ '~ '0 `'-°- a0i ~ v ~ ~ ° ea as"i ~ o ° Q -d ;~ `3 3 v~ a o Z .~ F~ ~ W Q H ~ ~ o G. ~ .~ 'b o ~ ~ o d v W ~ ° ~ a, ~ ~ ~ 'S ~~ ~ O '> 3 'c00 ai ~ 0 ° a~ ~ o ~. o w o ~, y ~, °' ~ x ° o ~ o -- CITIZEN'S GUIDE -- HOW TO APPEAL DECISIONS OF THE CITY OF KENAI'S PLANNING 8s ZONING COMMISSION Ilb An affected person who may be aggrieved by a decision of the Planning & Zoning Commission, Building Official or Planner regarding issues included in the Kenai Zoning Code has the right to appeal. The appeal must involve a final decision -- recommendations cannot be appealed. In order to file an appeal of a final decision, you must meet the definition of a"person(s) aggrieved." To be a"person(s) aggrieved" by a final decision of the administrative official or Commission the person must be: 1) the applicant for the action taken or determination, or the owner of the property that is the subject of the action or determination under appeal; or 2) the administrative official; or 3) an occupant or owner of an interest in real property who can show proof of the adverse effect that the action or determination has or could have on the use, enjoyment, or value of that real property. An interest that is no different from that of the general public is not sufficient to make a person aggrieved; or 4) any person who was entitled under Section 14.20.280(c) to notice by mail of a public hearing on an application for the action or determination; or, 5) a resident of the City of Kenai. Following are some frequently asked questions that should help you through the process. How do I appeal a Planning & Zoning decision? First, you need to submit a letter to the Kenai City Clerk within fifteen (15) days of the date of the decision. The appeal notice shall be in writing and must contain: • The signature, name, and mailing and physical addresses of the appellant. • A description of the action or determination from which the appeal is sought and the date upon which it became a final decision. • The reason for the appeal, which must include a description of harm to the appellant, including why the appellant meets the definition of an "aggrieved person." • A statement of the relief requested by the appellant. • The street address of the property that is the subject of the action or determination being appealed and the name and address of the owner(s) of the subject property. The Clerk's office is located downstairs at City Hall and the mailing address is 210 Fidalgo Avenue, Kenai, AK, 99611-7794. The Clerk's phone number is 283-7535 extension 231. A Letter of Appeal Form is attached for your use. Citizen's Guide to Planning & Zoning Appeals Page 1 of 3 Revised 4/06 What does it cost to file an appeal? A filing and records preparation fee of $100 will be charged. An application to proceed with an appeal as an indigent may be filed with the City Clerk's office on a form provided by the Clerk. The chair of the board of adjustment may allow an applicant who qualifies as an indigent a reduced filing fee, a payment plan, or a waiver of the filing fee where the chair is able to make a written finding, based on information provided by the applicant, that payment of the appeal fee would be a financial hardship for the appellant. Based upon the information provided, the fee may be reduced or waived in accordance with the following schedule. Annual income as a Percent of current health And human services (HHS) Poverty Guidelines for Alaska Percent of fee reduced 1 - 100% 100% Waiver 101 - 149% 75% Waiver 150-174% 50% Waiver 175-199% 2S% Waiver 200% plus No Waiver Any appellants with income equal to or less than 200 percent of the HHS poverty guidelines for Alaska for the year in which the appeal is filed may apply for a payment plan in which the filing fee shall be paid in full within six (6) months of the date of filing. A Request for Filing Fee Reduction Form is attached for your use. In addition, you will have to pay any costs you have in preparing or presenting your case. The cost to most people appealing a decision is minor. flow will I know when the hearing on the appeal is to be held? The City Clerk will mail you a notice telling you when your hearing will be held. The hearing will be held within thirty (30) days of the date you file the appeal, however, for good cause, the Board of Adjustment may hold the hearing up to sixty (60) days after the filing of the appeal. A decision will be made within thirty (30) days of the hearing date. That means a decision could be made within sixty (60) to ninety (90) days of the date you file the appeal. Who decides the appeal? The Kenai City Council, acting as a "Board of Adjustment," will hear your appeal. A majority of the Board Members hearing the appeal can decide the case. What happens at the hearing? You will be allowed to testify at the hearing. You may bring witnesses to testify also. You can also submit written information or evidence such as letters from other interested people or a summary of your thoughts on the appeal. Other people may Citizen's Guide to Planning 8b Zoning Appeals Page 2 of 3 Revised 4/06 also testify and submit written information or evidence during the hearing, Each person who gives testimony will be under oath and all the testimony will be recorded. Members of the Board of Adjustment (City Council} may have questions to ask you about the issues. They may ask you about issues or questions raised by others at the hearing. How will I know what the Board decided? Within thirty (30} days of the hearing, the Board will issue a written opinion stating its decision. The decision will state the reasons why the decision was made and how each member of the Board voted. The decision will be mailed to the parties (the applicant and person appealing) and anyone who testifies or submits comments or requests a decision. The decision will also be posted on the City's website www.ci.k n '.ak.us). If you disagree with the decision of the Board of Adjustment, you can appeal to the Superior Court in Kenai. You have thirty (30) days from the date the decision is mailed to you to file the appeal. Do I need a lawyer to help rae? Most people appeal without the help of a lawyer. However, you may have a lawyer represent you at your own expense if you choose. Taps that may help you in the hearing. Be prepared. Write down the points you want to cover in your testimony. Gather your written evidence and material together before the hearing. It is better if you can give it to the City Clerk one week before the hearing so the Board can have copies in advance. If not, get it to her as soon as you can or bring it with you to the hearing. Information submitted after the hearing probably will not be accepted. During the hearing, don't try to testify until it is your turn. Don't interrupt those who are testifying. Don't argue or get angry during the hearing. You will do a much better job presenting your case if you stay calm. The Board expects its members, staff and members of the public to treat each other politely. When you testify, tell the truth. Don't guess if you are not sure. Try not to repeat yourself. Make sure the evidence you present concerns the issues. It is okay to be nervous during the hearing and when speaking in front of the public. The Board is used to having people being nervous while speaking in public. They will not hold it against you. Come to the hearing. Exercise your rights. It is your chance to tell your side of the story. Citizen's Guide to Planning & Zoning Appeals Page 3 of 3 Revised 4/06