HomeMy WebLinkAboutResolution No. PZ2013-02A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE FOLLOWING RIGHT -OF -WAY ACCESS
EASEMENTS BE VACATED AS REQUESTED IN THE PETITION SUBMITTED BY
CARL C. LEWIS, STRAUSS CAPITAL REAL ESTATE LLC, AND JOHN J.
WILLIAMS AND SHOWN ON THE RECORD SURVEY PLAT 2012 -34:
• Public Use Easement as described in agreement dated October 5, 1964
and described as, "A 30 ft. strip along the Northerly boundary of the
North 1/2 of lot 34, located in the North East 1/4 of Section 6, Township 5
North, Range 11 West of S.M. dated March 12, 1923. Said lot being
located within the boundary of the City of Kenai, Alaska." Recorded on
July 17, 1970, Book 38, Page 12 in the Kenai Recording District.
• Access road as described in Quit Claim Deed dated August 3, 1967
and described as "Excepting that strip of land 6125 square feet
contiguous to the Southerly boundary of the afore described lot
(commonly known as access road to Lee Apartments)." "Lot Thirty -
three (33), Section Six (6), Township Five North (T 5 N), Range Eleven
West (R 11 W), Seward Meridian, Alaska. Recorded in 1967 at Book
47, Page 150, Kenai Recording District,
• Public Use Easement as described in agreement dated August 12, 1970
and described as, "A thirty foot (30) strip lying along the North
boundary of Lot 35, Section 6, Township Five North, Range Eleven
West, Seward Meridian. Said lot being located within the boundary of
the City of Kenai, Alaska." Recorded on August 14, 1970, Book 38,
Page 47 in the Kenai Recording District.
This recommendation is contingent upon legal access being provided to Kenai
Peninsula Borough 04702011, the North 150' of Government Lot 34.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THE RIGHT -OF -WAY ACCESS
EASEMENT VACATIONS AS DESCRIBED ABOVE AND IDENTIFIED ON THE
RECORD SURVEY PLAT 2012 -34 AND THE PETITION RECEIVED ON
JANUARY 7, 2013 CONTINGENT UPON PROVIDING LEGAL ACCESS TO KENAI
PENINSULA BOROUGH PARCEL 04702011.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JANUARY 23, 2013.
ATTEST:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ13 -02
tHeca�of
VACATION
KENAI, ALASKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY
OF KENAI RECOMMENDING THAT THE FOLLOWING RIGHT -OF -WAY ACCESS
EASEMENTS BE VACATED AS REQUESTED IN THE PETITION SUBMITTED BY
CARL C. LEWIS, STRAUSS CAPITAL REAL ESTATE LLC, AND JOHN J.
WILLIAMS AND SHOWN ON THE RECORD SURVEY PLAT 2012 -34:
• Public Use Easement as described in agreement dated October 5, 1964
and described as, "A 30 ft. strip along the Northerly boundary of the
North 1/2 of lot 34, located in the North East 1/4 of Section 6, Township 5
North, Range 11 West of S.M. dated March 12, 1923. Said lot being
located within the boundary of the City of Kenai, Alaska." Recorded on
July 17, 1970, Book 38, Page 12 in the Kenai Recording District.
• Access road as described in Quit Claim Deed dated August 3, 1967
and described as "Excepting that strip of land 6125 square feet
contiguous to the Southerly boundary of the afore described lot
(commonly known as access road to Lee Apartments)." "Lot Thirty -
three (33), Section Six (6), Township Five North (T 5 N), Range Eleven
West (R 11 W), Seward Meridian, Alaska. Recorded in 1967 at Book
47, Page 150, Kenai Recording District,
• Public Use Easement as described in agreement dated August 12, 1970
and described as, "A thirty foot (30) strip lying along the North
boundary of Lot 35, Section 6, Township Five North, Range Eleven
West, Seward Meridian. Said lot being located within the boundary of
the City of Kenai, Alaska." Recorded on August 14, 1970, Book 38,
Page 47 in the Kenai Recording District.
This recommendation is contingent upon legal access being provided to Kenai
Peninsula Borough 04702011, the North 150' of Government Lot 34.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE THE RIGHT -OF -WAY ACCESS
EASEMENT VACATIONS AS DESCRIBED ABOVE AND IDENTIFIED ON THE
RECORD SURVEY PLAT 2012 -34 AND THE PETITION RECEIVED ON
JANUARY 7, 2013 CONTINGENT UPON PROVIDING LEGAL ACCESS TO KENAI
PENINSULA BOROUGH PARCEL 04702011.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, JANUARY 23, 2013.
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CITY OF KENAI
'— PLANNING AND ZONING COMMISSION
Ix" REVOCATION OF CONDITIONAL USE PERMIT
thec<tyof PZ06 -26 (AMENDED)
KENAI, SKA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSIO OF THE CITY OF
KENAIREVOKE/DISMISS CONDITIONAL USE PERMIT PZ06- FOR FAILURE TO
COMPLY WITH THE REQUIREMENTS OF KENAI MUNICIPA CODE 14.20.150(e).
WHEREAS:
1. Conditional Use Permit PZ06 -26 was approved on Apr' 12, 2006; and,
2. The permit was for the property located at Lot 5, Ang rs Acres Subdivision Part 3 — 1045
Angler Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 0 39035; and,
4. Kenai Municipal Code 14.20.150(e) requires C ditional Use Permit operators to comply
with conditions of the permit and to be curve on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to e City; and,
5. Kenai Municipal Code 14.20.150(f) req res permit holders to submit a yearly report
between October 1 and Dec ber 31st ch year to the administrative official providing a
summary of on -site activity; a d,'
6. Kenai Municipal Code 14.20.1 () r gulates the process for revocation of permits due to
non - compliance. n !
WHEREAS, the administrative pf$(e alyhas conducted the annual review of Conditional Use
Permit PZ06 -26 and
1. Conditional UP
2. The permit wys f
Angler Driv , an
3. The Kenai P I
4. The Kenai Pemns`
November 15, 201
t � 6 -26 was approved on April 12, 2006; and,
th p perty located at Lot 5, Anglers Acres Subdivision Part 3 — 1045
la orough Parcel Number is 04939035; and,
orough requires property taxes must be paid in full no later than
and,
5. According to the enai Peninsula Borough records, the property owner has not paid the
2012 Kenai Pe nsula Borough and City of Kenai Property Tax and is delinquent in the
amount of $5 .94 for personal property tax, and $3,000.98 for real property tax for a total
amount deli quent for 2012 in the amount of $3,557.92; and,
6. Failure to y the 2012 Kenai Peninsula Borough and City of Kenai Property Tax is a
violation f Kenai Municipal Code 14.20.150(c); and,
7. The pe it holders, Steve and Rick Voth, submitted the annual report as required in Kenai
Munici 41 Code 14.20.150(f) on December 12, 2012, providing a summary of activity; and,
8. The report received was on December 12, 2012, and met the requirements of Kenai
Municipal Code 14.20.150(f).
WHEREAS, the administrative official finding that the holders of Conditional Use Permit
PZ06 -26 were out of compliance with Kenai Municipal Code 14.20.150(e) provided an
opportunity for the permit holders to comply with the conditions required in the Kenai Municipal
Code 14.20.150(g) as stated below:
PZ06 -26 Revised 3/27/13
I . On January 9, 2013, a notice letter was mailed to provide notification of non - compliance
and to allow a reasonable opportunity to correct the cited deficiency or to provide
information relating to or rebutting the alleged deficiency; and,
2. The January 9, 2013, notice provided that if compliance was not met b January 21, 2013, a
revocation hearing would be scheduled for the February 13, 2013, Pl Ping & Zoning
Commission meeting; and,
3. On January 28, 2013, the administrative official foun/the encies had not been
corrected; and,
4. On January 28, 2013, a "Notice of a Revocation Hearruary 13, 2013,
hearing was sent to the permit holders; and,
5. On March 14, 2013, a "Notice of a Revocation Hearich 27, 2013, hearing
was sent to the permit holders.
WHEREAS, on March 27, 2013, the
required by Kenai Municipal Code 1
WHEREAS, the Commission finds:
1. Conditional Use Permit
2. The permit was for the 1
Angler Drive; and,
3. The Kenai Peninsula Bc
4. Kenai Municipal Code
with conditions of the I
tax, utility payr ents; a
5. The Kenai Penirkula c
November 15, 20 ; nc
held/duly advertised public hearing as
f3roved on April 12, 2006; and,
at Lot 5, Anglers Acres Subdivision Part 3 — 1045
7 Per el Number is 04939035; and,
15 (e) requires Conditional Use Permit operators to comply
d to be current on any obligations (e.g. sales tax, property
payments) to the City; and,
requires property taxes must be paid in full no later than
6. According to the K i eninsula Borough records, the property owner has not paid the
2012 Kenai Penins la orough and City of Kenai Property Tax and is delinquent in the
amount of $556.94 r personal property tax, and $3,000.98 for real property tax for a total
amount delinquent or 2012 in the amount of $3,557.92; and,
7. Conditional Use ermit PZ06 -26 is not in compliance with Kenai Municipal Code
14.20.150(e) to failure to pay the 2012 Kenai Peninsula Borough and City of Kenai
Property Tax the amount of $556.94 for personal property tax, and $3,000.98 for real
property tax or a total amount delinquent for 2012 in the amount of $3,557.92; and,
8. On Februar 13, 2013, the Planning & Zoning Commission postponed revocation of
Conditio 1 Use Permit PZ10 -26 until the March 27, 2013, Planning & Zoning
Commi ion meeting; and,
9. On M ch 8, 2013, the administrative official found that the deficiencies had been
Corr ted; and,
10. Conditional Use Pen-nit PZ06 -26 is in compliance with Kenai Municipal Code
14.20.150(e).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ06 -26 HELD BY
STEVE AND RICK VOTH DBA CAPTAIN BLIGH'S BEAVER CREEK LODGE FOR
CABIN RENTALS IS REVOKED /DISMISSED FOR FAILURE TO COMPLY WITH KENAI
MUNICIPAL CODE 14.20.150(e). THIS DECISION MAY BE APPEALED. THE APPEAL
MUST BE SUBMITTED IN WRITING TO THE CITY CLERK WITHIN FIFTEEN (15) DAYS
OF THE DECISION. ( KENAI MUNICIPAL CODE 14.20.290.)
Amended PZ06 -26 Revocation Page 3
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, MARCH 27, 2013.
CHAIRPERSON:
ATTEST:
Public Hearing 2/27/2013
Postponed 2/27/2013
Public Hearing 3/272013
fry_ CITY OF KENAI
sL1_ PLANNING AND ZONING COMMISSION
+ REVOCATION OF CONDITIONAL USE PERMIT
the 'ryof PZ97 -13 (AMENDED)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI REVOKING CONDITIONAL USE PERMIT PZ97 -13 FOR FAILURE TO COMPLY
WITH THE REQUIREMENTS OF KENAI MUNICIPAL CODE 14.20.150(e)(0.
WHEREAS:
1. Conditional Use Permit PZ97 -13 was approved on May 14, 1997; and,
1 The permit was for the property located at Tract B, Nicole Estates - 5220 Strawberry Road;
and,
3. The Kenai Peninsula Borough Parcel Number is 04947006; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Pen-nit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. Kenai Municipal Code 14.20.150(f) requires permit holders to submit a yearly report
between October I" and December 31" each year to the administrative official providing a
summary of on -site activity; and,
6. Kenai Municipal Code 14.20.150(g) regulates the process for revocation of permits due to
non - compliance.
WHEREAS, the administrative official has conducted the annual review of Conditional Use
Permit PZ97 -13 and finds:
I. Conditional Use Permit PZ97 -13 was approved on May 14, 1997; and,
2. The permit was for the property located at Tract B, Nicole Estates - 5220 Strawberry Road;
and,
3. The Kenai Peninsula Borough Parcel Number is 04947006; and,
4. The Kenai Peninsula Borough requires property taxes paid in full no later than
November 15, 2012; and,
5. According to the Kenai Peninsula Borough records, the property owner has not paid the
2012 Kenai Peninsula Borough and City of Kenai Property Tax in the amount of $5,378.22;
and,
6. Failure pay the 2012 Kenai Peninsula Borough and City of Kenai Property Tax is a
violation of Kenai Municipal Code 14.20.150(e); and,
7. The permit holder, Abby Ala, has not submitted the 2012 annual report, and failed to
provide a summary of activity as required in Kenai Municipal Code 14.20.150(1); and,
8. Failure to submit an annual report to the City is a violation of Kenai Municipal Code
14.20.150(f),
WHEREAS, the administrative official finding that the holder of Conditional Use Permit PZ97 -
13 was out of compliance with Kenai Municipal Code 14.20.150(e)(f) provided an opportunity
for the permit holder to comply with the conditions required in the Kenai Municipal Code
14.20.150(8) as stated below:
On January 9, 2013, a letter was mailed to provide notification of non - compliance and to
allow a reasonable opportunity to correct the cited deficiency(s) or to provide information
Amended Revocation of PZ97 -13 Page 2
relating to or rebutting the alleged deficiency(s); and,
2. The January 9, 2013, notice provided that if compliance was not met by January 21, 2013, a
revocation hearing would be scheduled for the February 13, 2013, Planning & Zoning
Commission meeting; and,
3. On January 28, 2013, the administrative official found that the deficiency(s) had not been
corrected; and,
4. On January 28, 2013, a "Notice of a Revocation Hearing" for the February 13, 2013,
hearing was sent to the pen nit holder.
5. On February 13, 2013, at 2:14 p.m. a fax was received from the Kenai Peninsula Borough
at the request of Ms. Ala. The fax included the 2012 annual report and verification from
the Kenai Peninsula Borough that as of February 13, 2013 the property tax had been paid
and the property was now in compliance with all tax obligations.
WHEREAS, on February 13, 2013, the Commission held a duly advertised public hearing as
required by Kenai Municipal Code 14.20.280.
WHEREAS, the Commission finds:
1. Conditional Use Permit PZ97 -13 was approved on May 14, 1997; and,
2. The permit was for the property located at Tract B, Nicole Estates - 5220 Strawberry Road;
and,
3. The Kenai Peninsula Borough Parcel Number is 04947006; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property tax,
utility payments, and lease payments) to the City; and,
5. The Kenai Peninsula Borough requires property taxes must be paid in full no later than
November 15, 2012; and,
6. Ms. Ala did not submitted the 2012 annual report of a summary of activity as required in
Kenai Municipal Code 14.20.150(f); and,
7. On February 13, 2013, at 2:14 p.m. a fax was received from the Kenai Peninsula Borough at
the request of Ms. Ala. The fax included the 2012 annual report that provided a summary of
activity and verification from the Kenai Peninsula Borough that property tax had been paid
and the property was now in compliance with all tax obligations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMSSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ97 -13 HELD BY
ABBY ALA DBA RIDGEWAY FARMS FOR GREENHOUSE /RETAIL SALES IS IN
COMPLIANCE WITH THE REQUIREMENTS OF KENAI MUNICIPAL CODE
14.20.150(e)(f) AND THE REVOCATION IS HEREBY DISMISSED. THIS DECISION MAY
BE APPEALED. THE APPEAL MUST BE SUBMITTED IN WRITING TO THE CITY
CLERK WITHIN FIFTEEN (15) DAYS OF THE DECISION. ( KENAI MUNICIPAL CODE
14.20.290.)
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, FEBRUARY 13 2013.
A . _1.
ATTEST:
CITY OF KENAI
PLANNING AND ZONING COMMISSION
REVOCATION OF CONDITIONAL USE PERMIT
PZ10 -43 (AMENDED)
KENAIALA 5KA
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI REVOKING CONDITIONAL USE PERMIT PZ10 -43 FOR FAILURE TO COMPLY
WITH THE REQUIREMENTS OF KENAI MUNICIPAL CODE 14.20.150(e).
WHEREAS:
1. Conditional Use Permit PZ10 -43 was approved on March 26, 2010; and,
2. The permit was for the property located at Government Lot 15, 412 N. Forest Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04304001; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property
tax, utility payments, and lease payments) to the City; and,
5. All active businesses operating in the State are required to have a current business license;
and,
6. Kenai Municipal Code 14.20.150(g) regulates the process for revocation of permits due to
non - compliance.
WHEREAS, the administrative official has conducted the annual review of Conditional Use
Permit PZ10 -43 and finds:
1. Conditional Use Permit PZ10 -43 was approved on March 26, 2010; and,
2. The permit was for the property located at Government Lot 15, 412 N. Forest Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04304001; and,
4. All active businesses operating in the State are required to have a current business license;
and,
5. The property owner operated all of 2012 without a State of Alaska business license; and,
6. Failure to operate a business without proper licensing is a violation of Kenai Municipal
Code 14.20.150(e).
WHEREAS, the administrative official finding that the holder of Conditional Use Permit PZ97-
13 was out of compliance with Kenai Municipal Code 14.20.150(e) provided an opportunity for
the permit holder to comply with the conditions required in the Kenai Municipal Code
14.20.150(g) as stated below:
1. On January 9, 2013, a letter was mailed to provide notification of non - compliance and to
allow a reasonable opportunity to correct the cited deficiency(s) or to provide information
relating to or rebutting the alleged deficiency(s); and,
2. The January 9, 2013, notice provided that if compliance was not met by January 21, 2013, a
revocation hearing would be scheduled for the February 13, 2013, Planning & Zoning
Commission meeting; and,
3. On January 29, 2013, the Administrative official found that the deficiency had not been
corrected; and,
4. On January 29, 2013, a "Notice of a Revocation Hearing" for the February 13, 2013,
hearing was sent to the pen-nit holder.
5. According to the State of Alaska website, the business license had expired in
Amended Revocation of PZ10 -43
Page 2
December 11, 2011; and,
6. On January 30, 2013, the State of Alaska business license #739231 was issued to Elevated
Investments, LLC and was now in compliance.
WHEREAS, on February 13, 2013, the Commission held a duly advertised public hearing as
required by Kenai Municipal Code 14.20.280.
WHEREAS, the Commission finds:
1. Conditional Use Permit PZ10 -43 was approved on March 26, 2010; and,
2. The pen-nit was for the property located at Government Lot 15, 412 N. Forest Drive; and,
3. The Kenai Peninsula Borough Parcel Number is 04304001; and,
4. Kenai Municipal Code 14.20.150(e) requires Conditional Use Permit operators to comply
with conditions of the permit and to be current on any obligations (e.g. sales tax, property tax,
utility payments, and lease payments) to the City; and,
5. All active businesses operating in the State are required to have a current business license;
and,
6. Ms. Hoogland had operated all of 2011 without the proper State licensing as required Kenai
Municipal Code 14.20.150(e); and,
7. On January 30, 2013, the State of Alaska business license #73923lwas issued to Elevated
Investments, LLC and was now in compliance with Kenai Municipal Code 14.20.150(e).
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI CONDITIONAL USE PERMIT PZ10 -43 HELD BY
K. THERESA HOOGLAND DBA ELEVATED INVESTMENTS, LLC FOR SHORT -TERM
RENTALS IS IN COMPLIANCE WITH THE REQUIREMENTS OF KENAI MUNICIPAL
CODE 14.20.150(e) AND THE REVOCATION IS HEREBY DISMISSED. THIS DECISION
MAY BE APPEALED. THE APPEAL MUST BE SUBMITTED IN WRITING TO THE CITY
CLERIC WITHIN FIFTEEN (15) DAYS OF THE DECISION. (KENAI MUNICIPAL CODE
14.20.290.)
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, FEBRUARY 13, 2.013.
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