Planning & Zoning Commission - Regular Meeting

You're on [clears throat] the record. Thank you. I would like to call this meeting to order. January 14, 2026, Planning and Zoning Commission regular meeting. If you are able, please rise and join me in the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. May we have the roll call, please. Commissioner Haskin.

Commissioner Asen is here. Here. Thank you. Vice Chair Ersley present. Commissioner Krauss here. Commissioner Fees here. Commissioner Woodard here. Commissioner Doett here. Commissioner Keaton here. You have a quorum.

Thank you. Next, we have before us election of a chair and vice chair. I will take nominations from the body and there is no second required for the nominations. If there are only one nominee and the body has no objections to that nominee, that person will become chair. Are there any nominations for chair? Uh, I'd like to nominate Alex Dothet, chair.

I'd like to nominate Jeie.

Keing, [laughter] sorry, had to think about the last. I will now hand out paper and you guys can do a vote and um please put one vote, one name down for your vote and then I will collect the votes and tally the votes. Have [clears throat] I received everybody's vote who's in person? I will start with um the Zoom participants. Commissioner Asen, will you please tell me your vote?

Alex. Commissioner Ursley, may I please have your vote?

I have one for Dothet, one for Katon. Dothit, two for Dothet. Do it. Three. Katon 2, Katon 3, Katon for final tally. Tina Keaton has been nominated for the position of chair. Are there any additional nominations? Oh, we skipped this. Oh, I see. My apologies. We are now on the election of vice chair. I will take nominations from the body and there is no second required for the nomination. If there is only one nominee and the body has no objections to that nominee, that person will become vice chair. Are there any nominations for vice chair?

Nominate Alex. Alex has been nominated for the position of vice chair. Are there any additional nominations for vice chair? Are there any objections to Alex Surfing as vice chair? If no objections are Oh, stated, announced. Got it. Alex has been elected as vice chair. Is there a motion to approve the agenda and consent agenda?

I make a motion to approve the agenda and the consent agenda. Second. Oh, we have lay down materials.

Oh, so I'd like everybody to look at the layown material um at item F1, conditions and restrictions and covenants of readout terrace requested by the planning direction director. Sorry. Oh, and Commissioner Woodard, would you be willing to amend your um motion to uh to include the lay down? Yes, I will amend my motion to approve the agenda, consent agenda, including layowns.

Thank you. Would the clerk please read the consent agenda items to the record? regular meeting of December 10th, 2025. And that is your consent agenda. Thank you. Are there any public comments on any of the consent agenda items just read by the clerk? Are there any remote attendees wishing to speak? No.

Thank you. Are there any other revisions to the agenda? Are there any objections to approving the agenda and the consent agenda with laydowns? Hearing no objections, the agenda and consent agenda with layowns are approved. Do we have any scheduled uh people for public comment? No. Okay, we have none unscheduled public comment. Is there anyone from the public wishing to speak to anything that is not on the agenda? Okay. Uh Mr. Clerk, uh is there any remote attendees wishing to speak?

There are none. Okay. Consideration of plats. We have none. Public hearings. Resolution PZ2026-01 granting a conditional use permit to operate an automotive repair business on the parcel described as lot 23 block 3 readout terrace subdivision located at 1606 Elmo Circle within the suburban residential zoning district. Is there a motion to approve resolution PZ2026-01?

Make a motion to approve [clears throat] resolution PZ2026-01. Is there a second? Second. Clerk, can you please specify KMC14.05.25B?

KMC14.05.025B. 025B permits only two members to participate remotely in one meeting. And KMC14.05.025C requires they notify the clerk in writing not less than 6 hours before the meeting. And KMC14.05.025E establishes that remote participants can participate in the meeting except for matters on the agenda appealable to the board. The BOA remote participants cannot vote on the CUP tonight, nor should they participate in the discussion. This is due to remote participants not being able to see the evidence or testimonies in the same way as in-person participation. And a commissioner participating by remote electronic means shall be counted as present for purposes of discussion and voting except for matters and agenda items appealable to the board of adjustment.

Thank you. Uh, Director Butner, can we have the staff report, please?

All right. Thank you, Chair Keaton. Um, right before I get the staff report, there is a memorandum. It's on page 19 of the packet. It's one of the um added part of the packet for this entire thing. But I wanted to bring this forward because it's a little bit of parliamentary [snorts] procedure that I learned over the past month. Um, as you recall, the December 10th planning and zoning commission meeting resolution PZ2025-34 was tabled by the commission. Um, K minus code 14050 B3 establishes that the most current edition of Robert's rules board governance planning and zoning commission. Um, Robert's rules provide that when an item is laid on the table, it may be taken from the table only during the same meeting or at the next regular meeting provided that the next meeting occurs within the same session. Our session ends on December 31st of every year. Um and that's why um Commissioner Dou has now joined us. So we're technically in a new session. Um as such um that resolution expired at the close of session on New Year's Eve and fell to the floor, which just mean no action was taken. That's why it's been reintroduced with a new number um the same application for the same um for the same project. Uh I've included testimony that was given at the meeting. It's an unofficial copy of the minutes um pertaining to that section of the meeting plus any written correspondence we received that was given as a lay down at the last meeting. It's all been part of the packet. So we wanted to keep everything together but just wanted to let you know why the number itself has changed. Um just a fluke of parliamentary procedure that expired.

Thank you. Um but as for brief summary for resolution PZ2026-01 the applicant is requesting to operate a small homebased automotive repair business from the at the attached single bay garage. Business will be focused on light mechanical work diagnostics and maintenance. A copy a conditional use permit is required to operate an automotive sale or [clears throat] make amen uh automotive repair business in the suburban residential zoning district. Pursuant to KMC 142015A, the intent of a conditional use permit is to allow some uses that may be compatible with the designated principal uses in specific zoning districts provided certain conditions are met. Prior to granting conditional use permits, the commission shall determine that the identified criteria as outlined 142150e conditional use permits review criteria are met. Criteria one, the use consistent with the purpose of this chapter and the purposes of and intent of the zoning district. Findings res residential or suburban residential zone is intended to provide for medium-density residential development areas which will be provided with common utility systems. The proposed automotive repair business would not necessarily violate the character of the neighborhood as it would be provide a practical amenity to residents. Work will strictly be done indoors between the hours of 10:00 a.m. and 5:00 p.m. to limit the impact to traffic during the busier hours of the day. The lot will be kept clean and tidy with no junk vehicles left on the lot and no vehicles parked in the street. The only signage indicating a business will be a decal on the garage door and applicant states the exterior will continue to appear as the regular family home. Staff finds that the proposed use as presented by the applicant would not violate the intent of the suburban residential zoning district. Criteria two, the economic and non-economic value of the adjoining property and neighborhood will not be significantly impaired. The proposed

automotive repair business should not impair the economic and non-economic value of the adjacent properties and neighborhood as per the applicant is designed to minimize disruption, remain out of sight, and the property will continue to serve first and foremost as a family home. The applicant states that there will be a limit to the number of vehicles on the property which will be enforceable by city staff as a condition of the per of their permit. The only signage will be a 4 in x 20in decal on the garage door. Um I find page there as one of the attachments shows a mockup of the and this is we're talking about the um I'll call it a mandor the pedestrian entrance not the larger actual garage door itself. All work will be completed inside of the garage reducing noise pollution efficiently keeping the exterior aesthetic as residential. Staff finds a proposed use as presented would not impair the economic and non-econ economic value of adjacent properties in the neighborhood. Criteria three, the proposed uses in harmony with comprehensive plan. Findings: Land use plan from the 2016 comprehensive plan identifies the subject property within the suburban residential land use classification. Uh suburban residential is intended for single family multif family residential uses that are urban or suburban in character. Areas typically be developed a higher density lots are typically smaller and public water and sewer services are required or planned. Some developers may be required to construct streets to base standard. This is an existing neighborhood so that doesn't matter. The surrounding uses consist of single family residences. All lots to the north, east, south, and west are zoned as suburban residential as stated in the application. The proposed use of the property is and will remain consistent and in harmony with the economic development goals of the 2016 comprehensive plan. Goal two, provide economic development to support the physical health of Kenai. Um, objective ED1, promote projects to create workforce development opportunities and objective ED2, implement businessfriendly regulations, tax taxation incentives to create a

stable, positive climate for private investment. The applicant proposes that the permit will help create workforce de workforce development by giving the chance for a small business to be started, providing an income opportunity for the applicant and in future potentially other individuals of the community as the business grows. In preparation for starting the proposed business, applicant will be utilizing other small businesses in the area promoting economic development in the city. Criteria four, public services and facilities are adequate to serve the proposed use. The property already has established facilities on site to include city water and septic or sewer to servicing the primary structure, electricity, heating, and access to a paved city maintained road. Criteria five, proposed use will not be harmful to the public safety, health or welfare. The applicant states that all mechanical work will be performed inside the garage which has a concrete foundation ensuring a solid barrier between the earth and the work being done. All fluids will be collected, properly stored, and disposed of using a professional service skilled and hazardous disposal. With the applicant, his family, and their pets being housed on site, safety will always be prioritized per the applicant. Vehicles being test-driven will access the property via a predetermined route of Fathom Drive to South Forest Drive and will stick to arterial roads to avoid additional traffic flow on residential streets. All traffic laws will be obeyed and neighborhood safety prioritized. With these standards and plan protocols in place, it is not anticipated that the conditional use will be harmful to the public safety or welfare. Criteria six, any and all specific conditions deemed necessary by the commission to fulfill the above mentioned conditions. These may include but are not limited measures relative to access, screening, site development, building design, operation of the use, or other similar aspects related to the proposed use. Findings. [clears throat] The applicant states that all work will be limited to daytime hours, specifically 10:00 a.m. to 5:00 p.m. to not disrupt the morning and evening routine of the neighborhood. This will help control any additional flow of traffic that could impede buses, children waiting at bus stops, and neighbors leaving or arriving home from

work. All vehicles will be parked on the applicant's property, ensuring no disruption of the city maintained road itself with a maximum limit of four customer vehicles being allowed on the property at a time. Signage will not exceed one 4 in x 20in decal on the garage door. All fluids will be properly contained, stored, and disposed of in accordance with city, state, and federal safety standards. Applicant requests a maximum timeline for conditional use permit of three years to be allowed for him to obtain a small business loan and expand business in a commercial location. Staff finds that allowing a small automotive repair business with adherence of conditions set forth by the applicant, the city, this commission uh will not cause any adverse impacts on the surrounding properties. Pursuant to Kenai Municipal Code 1420280C, notices of the public hearing for the conditional use were mailed to property owners within 300 foot periphery of the subject property. City staff published notice of the public hearing in the peninsion. The city staff submitted an affidavit posting verifying sign was placed on the parcel with information for the public hearing. Uh as of today for this current meeting, uh there were no new public comments that were received in writing. Um, as I mentioned, ones from the previous meeting were contained in this application. U and we did talk to a number of residents seeking more information between the December 10th meeting and this meeting. Staff findings. Staff finds that the proposed conditional use permit to develop and operate a small automotive repair business at 1606 Almo Circle on the property described as readout terrace subdivision lot 23 block 3 meets the criteria for issuance of condition use permit as set forth in subsections E1 through E6 of K9 municipal code 142150 subject to the following conditions. One, any development [clears throat] or use of the property shall comply with all applicable federal, state of Alaska and city regulations regardless of whether or not the requirements are listed. the condition for approval of

the conditional use permit. Two, upon request, the applicant or applicant's representative shall meet with city staff for an on-site inspection. Three, all work will be limited to the hours of 10:00 a.m. to 5:00 p.m. and strictly by appointment only. Four, vehicle storage limited to a maximum of four vehicles excluding personal vehicles belong to the household to be stored on site. Vehicles must be parked in a tidy fashion on the property and not in the city street so as not to impede traffic, utilities, or city maintenance. Five. All hazardous materials must be stored in accordance with city, state, and federal safety guidelines. Six, test drives will be performed outside of the neighborhood on arterial roads which will be accessed by a predetermined route of Fathom Drive and South Forest Drive. Seven, storage of vehicle parts, tools, and equipment must be contained within the garage and out of sight of the neighborhood. And eight, conditional use permit will be valid for two years from the effective date with an option of a one-year extension if approved by the planning and zoning commission. That is my report. Thank you, director. Um, is there anyone from the public who would like to speak to the resolution PZ2026-01 and the applicants to step forward, please? Thank you.

Hello, my name is uh Troy Consul. Um, I would like to run a small automotive shop out of my garage. Um, we tried on focusing on and addressing areas of concern from our new paperwork and feedback from our last meeting like the number of vehicles stored on the property and no vehicles on the street whatsoever. And that this will not affect the appearance of the neighborhood. That's it.

We really liked having the feedback from last time to help us address the areas of concern. Um, and we are amendable to other areas of concern if there are any. We really don't want to disrupt the neighborhood. We just want a chance to start something and need a little time. Before you go, can you go ahead and tell us your name? Oh, my name is Kirsten Consul. Okay, thank you. Is there anyone else wishing to speak? Come on up. Can we ask questions or can you state your name?

Before Hang on just one second. We're having a discussion. Would you mind if the applicant answered a couple questions? Thank you so much. I appreciate. Can you come forward again, please? Thank you. On your packet on page 15, I see a photo of two vehicles and a lift. Is that a picture of your garage? Yes, it is. So, you have two lifts inside? No, I have one lift. Ow. Two different vehicles. So you have one lift in there? Yeah. I tried to get a picture from two different angles of the garage to get And when was the lift installed?

Um four years ago. And how often do you inspect it? Uh regularly. And what does regularly mean? Uh I just inspected it last month. I made sure that my anchors on the concrete are Do you have any kind of independent person from the state of Alaska or from any No, I have I've never had anybody come and inspect it. Have you had anybody from OSHA ever come out and look at it? No. Okay. [sighs] And I did have a professional come and install it for me.

Okay. I purchased it from Napa and Napa had a contractor that they recommended to install it. So, it's a commercial business that you're asking us to approve with commercial services coming. You specified in the report that you had talked to somebody about um hazardous waste collection. What can you tell us about that? Um Republic Service out north there, they collect used oil and the coolant and dispose of it. Okay. And how often would that occur? Whenever um the barrel is full and do you have a hazard mitigation plan?

What is like um the absorbs that they provide as well to help contain the coolant and oil? So you stated in the application that you have a concrete floor. Is there a drain to that floor? No drain. No drain at all. Mhm. And so if you have just a concrete floor and you have a wood door and a rubber gasket underneath, what is your plan for any kind of fluid discharge or spills?

I I mop it up with the absorbs and rags and get it into the containers to be stored. I don't let any of the coolant or oil go out the door. And so how many um what kind of storage I guess? So you're you're talking a commercial facility, you're talking commercial oil, and you're talking commercial services on a repetitive basis. And so I'm trying to get an understanding of a 636 ft space. What kind of storage in addition to that if anything were to spill is going to be stored in the garage and in what manner is it going to be stored and what kind of protection or secondary protection do you have so that it's not going to spill anywhere?

I can ask Republic service about that as well. Um but they provide the containers for me to store the oil and coolant. Okay. And so how often would they be coming to your facility to I don't I don't know how busy I'll be. I don't Yeah, I don't know. And then you you stated that you're an LLC and you're a commercial business in a residential neighborhood. And so have you spoken with your homeowners insurance?

Uh no, not yet. But I have been looking for um shopkeepers insurance. I'm working with a company for that. And so what policy would you be able to get? I guess that would give any kind of piece. There was a lot of testimony with a lot of folks that had concerns. And so if you're an LLC, what remediation does the community or the nearby residents have? I guess is what insurance policy would be a protection for them possibly? Protection for them.

Yeah. So if you have vehicles stored on there and there is some kind of an accident um what kind of policy do you have in place? That would be the shopkeeper insurance. Okay. But you don't have that policy now. No, not yet. And so if we were to approve this, how would we know that you have that policy in place? How would we know that the community has that protection? Do you want me to bring that paperwork in if this gets approved? I I I was just asking questions. That was all I had.

The um company that provides the the service to remove the oils or fluids, what what is is it like a 55gallon drum? Is it doublewalled? Does it have Is it sitting in like a in [clears throat] case there's a spill, is it sitting in another container? I'm I'm not sure. Has it not been delivered yet? No, I'm haven't.

Just quick questions if I would to the chair. Um, [clears throat] so you mentioned in your application the adjacent lot, but I don't see that that isn't listed in the application as an address to be utilized for the business. I didn't see the only address I see is the home residence where the shop is, but you list a secondary address, [snorts] secondary lot that you own that it will be used to the business. So it shouldn't that be included in the application as a essentially it's another residential lot that would need to be a cup I would imagine. This might be a question for the staff.

Um yes it probably should be listed just for the sake of continuity. So um could amend you could amend the resolution on the floor to add that um as well. Okay, I guess I just will make an amendment on the resolution to I don't know the address of that other lot. We did not put the address, but on page 17, there's a picture of it. It's 16004. 1604. So, we should probably I'd like to make an amendment to the resolution to include 16004 in this cup is technically we're we're including two lots that are both residential into a cup for one business.

I second. And then I have other question. You mentioned business hours are 10 to 5. What about early pickups and drop offs for clients? How are you going to control that? Do you have an idea for, you know, people, hey, I'm going to drop my truck off and see in the morning kind of thing. And they're coming at 8:00 at night after they get off work or [clears throat] do you have a contingency plan for that or I mean, how are you going to control that? Cuz I understand how business work. Yeah, I'm open from 10:00 to 5:00, but you know, automotive shop, hey, I'm going to come in. I get off at work 6:00 and I'm going to drop your vehicle off. So, have you got a Have you thought about how that's going to work

as far as them picking up at 8:00 outside of exact business hours? Can they pick up and drop off? Yeah, that's fine. Okay. And then guess would go back. I know you talked about doing a small business loan and those kind of things. Do you have an actual business plan written up? No, not really. Other than this. Okay. Uh, another question. And to get this far, I've been working with small business office SBDCA stuff over there. Okay. Um, other thing. So, right now you're saying no more than four is the Yeah. stored on the lot. Yeah. How are you going to advertise with no signage or

thinking about making a just a Facebook page for it? Okay. I don't want to be too busy. Okay. If I can get 20 hours a week, that would be plenty. Okay. So, your goal is 20 hours a week. Yeah. Did Cliff give you an idea what your goals are for having some kind of income level, but is 20 hours a week's fairly minimal income levels to show for needing a loan? Did he has that been part of the discussion yet? Uh, yeah. He gave me some numbers and that would give me about a um half a million dollar loan. But if I make more than that then Mhm.

Yeah. I can afford a bigger facility. Okay. [clears throat] So when you started this, you're aware of the city's regulations um now, but what caused you to go through the CB process? Have you been currently operating before this and was like, "Oops, I need to get this now." Or how did that h how did it come about to get to this point? I just want to start a business. Okay. So, have you been doing side work up to this point and now you're just making it official or how does it I mean, I know a lot of people that have a small garage at their house that have a lift and that kind of stuff. So, is it something you're just trying to make more official now and you've been doing side work on the end?

Yeah, I've been doing side work afterward. Okay. And have you had any [clears throat] complaints from neighbors with the side work at this point? No, not at all. Okay.

Question. Um, some followup on that. So, in the hours you state 10 to 5, but are we talking Monday through Friday? What happens on Saturday and Sunday? I don't really want to work weekends. I would like to have weekends off. Okay. It's not specified in there. And then you talk about again by appointment only, but what does that mean? That's kind of an ambiguous term. I know somebody who has a tax business and they've got somebody scheduled every 30 minutes a car is coming into that driveway. And like he's not going to do that.

Previous commissioner testified if somebody's going to be dropping off their vehicle or if a vehicle is going to be towed, that's one coming to your house. Now they got a second because now they got to have somebody come pick them up. And so then they got to have that same transaction happen again at the end of the day, right? Because they don't have their vehicle. So are they going to walk to your house or catch the bus? So that's additional traffic. And so again, we're not hearing any kind of quantitative what is a small business? What is an appointment? What is your realistic goal? There's no business plan here that tells me you're going to see 15 clients a day. You're going to see 25 people. You're going to do tires next week and you're going to crank them out every hour. I don't know. I'm I'm just saying there's no way to gauge that. But what the feedback I'm hearing from the community is is it's going to be detrimental. It's going to be quite a bit of traffic. It's going to be a lot of listening to beep beep beep beep beep from tow trucks. Tow trucks are a commercial vehicle and they're required to have flashing lights. We got darkness 9 months out of the year. I don't want to see those flashing lights in my windows all the time. But those are real concerns that the community is going to have when you're asking us to approve a commercial business in a very confined area in a very confined culdeac. And that's my greatest concern here is the impact of the traffic, the increased traffic without a real understanding of what a large automotive shop, a medium automotive shop or a small repair shop. I mean, my hats off to you. I think it's great idea to start it, but I'm very concerned because you don't have any of these mechanisms in place that say, "Okay, this is going to happen. This is going to go." Do you even know if there's a requirement to have your lift inspected?

I I don't know.

And see, those are safety concerns that I'd want to know. If there's kids in that want to come into the house and play with you and they walk through and wander through and a screw is loose or a crack or something happens. I mean, I wouldn't want that on your family, that impact. I mean, so I I understand that you guys keep emphasizing that the safety is around because your family's there, but we're concerned for your family as well when we ask these questions about how you're going to store the the hazardous materials, how you're going to remove them, how you're going to transport them. Now you're increasing the traffic of a hazardous chemical removal inside of a residential area over the Kenai spur highway which is an anatimous habitat stream. All these things come into play when you're putting a commercial property into a small residential area. And that's why I just don't think this is a good fit. I mean, my hats off to you for kind of trimming the edges a little bit and trying to come down with some more understanding, but it's still pretty vague. I mean, today I don't know how you're going to park. You say you're going to store four vehicles, but what does that mean? This guy's come and dropped him off and now he's got a brake job. So, you got two wheels off. Is it up on blocks? Is it parked in front of the garage? Is it parked outside the garage? Is it parked on the lot? Are you going to put a tarp over it? Now, we have a windstorm. All these are serious concerns for a commercial operation. I'm not passing any judgment or criticism, but these are all things that you would think you would have in a business plan and these are all great concerns that the community has because you're bringing this to their front door and it's going to disrupt the harmony in their quality of their life and it's going to have an impact on their real estate. If they want to list their home and now you've got an active automotive repair shop, I would think that would be detrimental. I don't think they would have a quick sale. Maybe in 30 days, 90 days, maybe.

But I'm pretty sure that some people would maybe turn the other way. I don't know. But you can't value that. You don't really know where how to put a a thing on it. But if I had to sell a house and there was a a business of that nature next door, it's kind of like somebody says, "Yeah, there's a gravel pit next door." There's certain things that they attracted to, location, location, but certain things that they're not. And when people, you know, turn the lights off and come home, they want that peace. They want that tranquility. So that's why we're trying to flush out and ask all these questions. And and I hope you don't take it as criticism. Like I say, we're just trying to get a better understanding of the greater impact that something of this nature. It's not like a daycare business. It's not just pick up, drop off kids, diapers, and additional trash at the curb. It's a gravous. [clears throat] It's a big undertaking. It's a huge undertaking and it takes a lot of commitment and a lot of investment and so that's why we're trying to figure this out.

Yeah. Yes, please.

Um, so I just wanted to say something about like the vehicles like the number of vehicles. So right now there is people in our neighborhood that have five, six vehicles that probably don't run, but they're registered and the city can't do anything about it because it's not in. But with adding this in, they can do something about it now. They can come in and be like, "Hey, we're going to make a complaint." And now there something that can be done. And we our lot is very clean. Like, yes, we have a car over there right now, but we have a kid who's getting a new vehicle because his vehicle is not good enough. Um, so we there are places to park. It's going to be clean. We're not going to have vehicles that are up on blocks. Um, and there are people in our neighborhood that have vehicles up on blocks, but having these conditional uses and putting conditions on it is going to be what keeps it from getting to that point. And it makes it enforceable. It makes the noise complaints enforceable. It makes everything enforceable. Now,

the work will be done inside. I don't want to be working in the cold. So, um, again on that note, so if you're going to be working inside and again, what kind of um, filters or what kind of an airvac system do you have to control the exhaust? Your home's right next door. I open the garage door. And so where's the noise barrier then for vehicles running? If you have the vehicle running and now you don't have any kind of uh airvac or filtration system, now you have to open the door and now all your neighbors get to hear you testing the vehicle.

How is that any different than my truck running outside and my wife's car running outside? You're asking for permission to operate a commercial business. So again, you're increasing that activity. So these are these are things that occur on a daily basis, but you're asking for permission to increase that activity. So that's why I'm asking Yeah, the noise isn't that much. If I might take just a question. So, um, when you So, I'm assuming you purchased the house, correct? It's not rental. You're you're purchasing it, correct?

Yeah, we were purchasing. Um, and did you when you purchased it, did you get a copy, I'm assuming, of your uh conditions for the residential area, your I I don't know, coidence restrictions, anything like that? I'm pretty sure we have it in a binder at home. Okay. Does it allow for this? It says in the conditional use permit that it fits in.

Okay. So, the conditional use permit are two totally different things. The city technically isn't even here to enforce your covenants restrictions. That's what your neighbors are for, right? Separate. So, when you bought a house, you not only agree to say, "Hey, I'm buying a house in a residential area. I'm going to have a residence there." But you also, and correct me if I'm wrong, usually get your copy of your what's allowed in the residence when they develop the subdivision, what their goals and means were. And that's something to also keep in mind if they said, "Yeah, hey, we might want a commercial property in this residence." something that's usually written into that. So, other neighbors have gotten that when they purchased homes in there. So, um I'm guessing that's probably not an automotive shop. Wasn't the original plan when they did buy the subdivision. That's where a lot of people are concerned. Um my big concern here is yes, I agree. It's I I have for one, you know, I grew up an automotive family. My parents still have an auto shop. I understand how it works. Matter of fact, one of them is doing it out of their side shop that they built 20 years ago. um but they don't live in the city and they're not in a residential tight residential area. They've got large lot outside in the burrow. So it was a little less uh restrictive. Um my big concern here is the location of your property. Um being at the end of a culde-sac, I know a lot of people when they're buy a home at the end of a culde-sac or in a culde-sac, they look for less traffic. That's one of the big selling features on a culde-sac. And this is going to increase traffic into that culde-sac area. It's going to be a draw into that. It's not a through aair. It's not like it's a main artery of the subdivision as it is. And I can see that being one of the big kickers is it's going to be a negative draw for more traffic. Is it going to be how much? I don't know. But, you know, once you start making money and um I guess that's another question I have is is this your primary business or do you have a separate business, a separate job and this is going to be a side business I guess was another question.

This will be my primary job. Um, and in the last meeting we actually had a neighbor who lives at the end of the culdesac wrote us a thing in for it. Yeah, I see there's one letter. Yeah, he lives at the end of the culde-sac

kind of like he wasn't yay or nay. He said it would probably be okay though. Um, and there was other neighbors that did show concern on that too. So, um, it's a tough one, um, because of where it's at. I'll tell you right now, I mean, we people in the city of Kina, they come to the K city to have residential, highdensity residential areas in a residentially zoned area expecting that it's not going to be a business. Um, I've seen exceptions for child daycare. Um, I know the staff presented something that this was going to be useful possibly for the community. I see that falling into daycare usuals, but most people go somewhere to go to a big shop or go to a shop to get their car fixed. They don't go to their next door neighbor unless it's a side jib. They're paying some cash onto the table kind of thing. So, I find it um a little out of character for the subdivision. I do find a little concerning too that it's a culde-sac. It's it's a it's people want culde-sacs for less traffic and I think there's other neighbors that are probably going to testify that they that's why they don't want want that in there. So for me right now it's it it I've got some thinking to do on it, but it there's just a lot of stuff that points and it's not really a great fit for in a neighborhood type of thing. So anyway, that's mine right now.

So here's my two cents. I think that there's a lot of good questions, but they're based out of uh not really knowing how an auto shop works and not really knowing how a small auto shop works. This is more what we would classify as a hobby shop. Would you consider that true? Yes. Okay. So, how many quarts of oil is in the average car? I would say okay. How many oil changes would you do in a day? Um I don't know one maybe two. Yeah, maybe.

Okay. So if Republic gives you say let's just say they give you a 35gallon storage drum an actual hazmat storage drum. You would take how long to fill that up? That'd probably take a couple years. Yeah, it would take a long time. Yeah. So, those drums are supplied by Republic. Yeah. Okay. And your absorbs are supplied by Republic. Yeah. It's part of the package deal.

Yeah. And so when they come to get your barrel, they have, and I know this for a fact, they have special equipment, little hand trucks that are designed not to puncture the drum and to make sure that the drum stays sealed to take it, put it in their truck, and then they take it and they reclaim it and send it where it needs to go. Right. Yes. Okay. So, with that being said, there's other hazardous materials that are involved, right? gasoline, diesel, things like that. There's fuels that you have to be careful about. Do they give you fuel capture, something to hold on to the fuel as well? I haven't asked about fuel.

Okay, so here's what I'm hearing. I'm hearing that you have a lot of the right ideas. You just haven't explored them sufficiently yet, but does that mean that you're not going to implement them once you figure out how it's going to work? Yes, I will implement it. Okay. Correctly. And um if you could do say two oil changes a day, that's it's a lot of work, right? Yes. Okay. Because it's not just an oil change. No, there's a lot of other things that go with it. Okay. What if you find something that's wrong and you have to replace a part, you got to run NAPA and so next thing you know, you know, you got an 8 hour day that becomes a three-day job. It's going to inhibit how many cars you can get in your shop every day.

Correct. Okay. So, give me a projection. How many vehicles do you think with that being said, not just oil changes, but even say brakes or transmission l uh uh service or whatever. How many of those could you do in a day or a week? Um probably two, three day. Okay. And then that's going to be the simple stuff. What if somebody brings you, say they need a cylinder head rebuilt, and you're going to take it apart and run parts over to RPM and they're going to clean them all up and put it all back together and then you're going to go pick up the part and put it back on the car like an R&R, right? Repair and replace. That'll take about a week.

That's right. Okay. So, that car is going to be in the shop for about a week waiting for everything to get done. Okay. So, what I want to do is help everybody understand that um mechanics don't have a constant flow of people coming into their business, right? When they only have four spaces, they can't bring any more cars in. No. So, everybody gets put on an appointment book or an on call book where, oh, I got time. Bring that down. I can get to that today or next week. Correct.

Okay. So, what I'm hearing is that you have a plan. You haven't finished putting it together yet. Am I right? You still have to deal with your small business loan. You've got a lot of other irons in the fire that you're working on. Correct.

Okay. So, do you have a solution for these people who want who have all these questions? Commissioner Fees has some fantastic questions and I think that they deserve to be answered. Do you have a plan for a lot of the things that she talked about? I understand about the traffic in the neighborhood and I really believe that there will be extra traffic in the neighborhood. Whether or not people are going to notice it while they're away from home at work or you know, I mean, who knows? But if they start to complain, what's your plan for working with that? I'm not sure about the traffic barrier.

Yeah, maybe you could manage your calendar a little better. Making sure not too many people are coming in, right? That'd be good. Doing most of your work by phone, right? And then just making schedules. That's how we did it. We just made a schedule. Yeah, I would have a schedule as well. Okay, perfect. And some of these questions we can't answer yet because we we're waiting to know if we could move forward. So, we can't get insurance, right? [snorts] This is what this is what I'm saying is you're not that far along in the planning process. You want to get the COP so you can get started on it. And I understand, but I'm not so sure that's not the cart before the horse.

You understand what I'm saying? Jump into a full-blown automotive repair shop either. Not knowing what I'm doing, right? Exactly. You can't. Um, so do you think there's a remedy for that? A remedy for maybe getting your horse in front of your cart. Getting all of your planning done and getting everything ready to go before you want the permit. I need more planning.

That's what I'm saying. It's what it sounds like. What from what Commissioner Fees and Commissioner Dot that were saying, they've got a lot of concerns that you could answer, right? But you got to make sure you're headed in the right direction, right? Otherwise, if you come into it half-hazardly, you could end up creating more problems for yourself than solutions. Okay. Okay. So, is that something you can work on? Can we table this again? No, we can't table it. No, we can give them to a certain date. Can we postpone it? Okay. Can we go into adjudicative session possibly? Yeah, we can actually. It's on the list.

Ask one. We We still have to hear. We could probably should hear from the other public, right? And then I still have I have quick question if I could. Go ahead. I guess we've talked about the business. What is your background? I'd love to know what your background and experience and what what gives you that you're an automotive technician. Can you explain that? What

I been doing this on the side for 17 years. Um, I've worked in the automotive industry, um, working at Kendall, uh, doing parts, um, and helping the technicians help diagnose the vehicles in the shop as well. Okay. And, um, I've gone to Avtec, too. So, you got you you completed an Avet training program, is that? Yeah, partially. Okay. So we we started through a tech and and then we've been in parts and helping out and it's kind of kind of been a parts help. I've worked for like um Solana Y Chevron, Kina Auto,

RNR Auto. Do you have any certificates like your ASSE or anything like that? No certificates. Okay. Don't want to see your background. Thanks. From all of the old school mechanics that I've worked around, they say the certificates don't make the technician.

Are we going to have rest testimony now? Yes. Are there any members from the public that would wish to speak on this matter? Okay. Uh my name is Jan Kornstead. We uh own the property adjoining backyards. We have backyard fence and the way they're situated is our backyard is adjacent to both of those lots. Um I just had one. Does a a shop like this require a fire suppression system of some kind? Anybody know? Do you know, Mr. Askin?

Or no. No. Okay. That's a little bit of a concern to me because they are treed lots. There's old growth trees in the It doesn't meet the building code for that. I have a much larger lot with commercial lot with a commercial building and it doesn't go a lot of flammable liquids in an auto shop. There's storage requirements for flammable liquids say f which the fire marshall would take up but as far as a fire suppression system there's not required.

Okay. Um I really don't have any prejudice against these this I I admire that they're trying to start their business. My main thing is this is a residential subdivision. You're putting yourself in the position of starting to allow businesses in a residential subdivision, which sort of makes you responsible for policing those businesses. I use policing in quotes. Are you sure you want that happening? I mean, if you let one in, pretty sure you're going to get some more applications. Maybe not in the near future, but you know, that's that's really my only concern is that this is a residential subdivision and the CCRs that were originally filed in this subdivision are ongoing. They had a 30-year cap and then 10 years, 10 years, 10 years. And as far as I know, those CCRs are still ongoing. I know they're not legal, but like you said, we as homeowners bought homes in those subdivisions and accepted those CCRs. So, any questions? [laughter]

I guess it could be through staff and it might be throwing you on the spot here. I should have done some research on this. Do you know of any other cups with businesses in this particular subdivision currently? Might be some we can look into. I will double check, but to my knowledge, I do not believe so. I think most of our CUS are either to the north or to the east. Thank you. I'm sorry. Could you state your name on the record one more? Hi. Could you state your name one more time? I missed your name. [laughter] Jan Kornstad with a K. Thank you.

So, are there are there is there anyone else that would like to come and speak to this issue? Please come forward and state your name at the microphone, please.

My name is Judy Buffington and I live on Southgill. [clears throat] I don't know how many of you have ever been in this subdivision. And you did mention going down Forest and up the other street, but the quickest way to get into this subdivision is on Southgill. It's already a racetrack right now and it's um school buses are in there. We've got traffic early in the mornings, in the evenings, people going to work and there's kids living on that street and this is going to I feel like it will bring in more traffic and it's a concern. So,

I I just they're in behind me, so it's not like I have to see their business, but I will have to put up with the extra traffic and and and that street is used more than any street in that subdivision. So, any Thank you. Does anybody have any questions? Did anybody like to make another com any more comments? Please come forward. State your name at the microphone, please.

My name is Vern Kornstead with a K. And uh I just asked you guys one question. And I know that you've said in your report that property values would not be affected, but if you were going to buy a house and right behind it was a shop and you're buying a house in a residential area with CCRs and all that, I I got to think that you'd look somewhere else. Thank you. Can I say one more thing? Of course,

I just wanted to address the thing about everybody coming in. That's kind of why we were thinking of three like maximum so that way it sets the precedent that you can't come in and own this business forever. It's you have 3 years and you're done. You cannot ask for another extension. That was one of the conditions that we had added in after the last time because we've we're that was a concern and we were like, "Yeah, that is a concern." So, I just wanted to bring that up. That is in there. We did.

Is there any more comments for anybody online? No, there's not. Okay. And there's nobody from the public online. Um, I'd like to go ahead and [sighs and gasps] move to enter into adjudicative session in accordance with Alaska statutes 44.62.310 62.310 for the purpose of performing judicial and quasi judicial functions related to the findings of that. The adjudicator session will include all members of the planning and zoning commission as well as the planning director.

I'll second. Thank you. I believe I need to call a vote unless we have a motion to amend for unanimous consent. I'd like to call for unanimous consent. Hearing no objections. Um we should move forward to this judicative session. So just No, no action will be taken. to collect thoughts and we'll come back and make any motions back here on the

You're on the record. Thank you very much. Um, I'd like to move that we move this meeting back into session. Ah, I'm requesting a motion to move the meeting back into session. I'll make a motion to re to return to regular session. Second. Second. Okay. Thank you very much. Uh, Director Butner, would you please read the commissioner's findings as amended?

Yes. The planning and zoning commission finds that the proposed use would not meet the requirements for KMC 142150D. The proposed use will be harmful to public safety, health or welfare due to increased traffic, fire egress and the location within a culde-sac for emergency response. The commission also finds that the proposed use would not meet the requirements for KMC 1420150D4. The commission recognizes that the covenants, conditions, and restrictions of the neighborhood are still active. Clerk, would you please call for the vote? Katon. No.

Do that. Wait, wait, wait. [snorts] No. Citing the findings that were just read into the record. Commissioner Dothet. Uh, no. Citing the findings that were just read into the record. Commissioner Krauss, no. Citing the findings that were just read into the record. Commissioner Fees, no. Based on the uh findings that were just committed to record, Commissioner Woodard,

no. Based on the findings committed to record,

there are [snorts] five no votes. Please note that there is a 15-day period that an agrieved party can file an appeal with the clerk's office. Okay? So, you have a process. You can also reapply after 9 months. Okay. [snorts] Um, item G, unfinished business. We have none. Item H, new business. That brings us to new business. The first item is a discussion and approval determining end of the year meeting schedule. Would anybody like to open the discussion on the end of the year meeting schedule? Are we talking about work sessions or are you trying to drop down to one instead of two in the think November December?

I'll jump in. We just have to open. You just want me to make a announcement that we're opening up the Okay. So, um I'm going to make a um motion a motion. Holy smokes, it's a long day. to uh open up for discussion of our uh schedule in this year schedule. Second. Thank you. Uh so where's the schedules at? And they're in the packet. There should be a schedule. They're in the packet. They're but they're also right here on the dis as well.

Um November looks like we They don't like us in November. Um, so Veterans Day falls on the 11th, which nicks that meeting. And then the next one is the day before Thanksgiving, which I don't know about you, but I'll be up baking pies. Um, so we I will bring in pie, I promise. Um, so we But the 4th and the 18th are obviously council days, so we couldn't have it on a Wednesday. So, I was going to propose maybe the week of the 16th having an off a one oneoff special meeting on another or another evening uh if possible just so we can conduct business in November. Um due to some of the application deadlines that we do face should we have business.

Should we not need it, we could cancel it. But Thursday the 19th, would that work? If I could stay away from Thursdays. Yeah, Thursday the last two anyway. Yeah. Yeah, GI or I can't do Thursdays. Uh, what about the 17th? Mondays are horrible for me. So, I was say I got burrow on Mondays. I like the 17th. 17th is a Tuesday. Yes. Does that work? 17th's good for me. Works for me. Any discussion online? Just same time. just do a 17th instead of a 7 p.m. 7 p.m. And since it's open for discussion, has there been any other talk about the one meeting proposal that was done a couple years ago?

Uh, we did bring that up, I believe, late last year. Um, and for the time being um we will we'll keep we'll keep a an eye on things. If we do not need a meeting, we will not you can you can just say no. We we did have we we had discussion but based on the number of work sessions because we have been passed by certain things from council as uh you might be well aware um we were not able to drop down but we are being very cognizant of impending deadlines so we will make the best use of the commission's time. That's a very long promise. Very political though.

Okay. Um Oh, was there any discussion online commissioners asking or 17th? Is the 17th good for you for you guys? Tuesday the 17th of November works for me. Okay. [clears throat]

Yeah, the 17th is fine by me. So, with the majority of members saying the 17th works, we're going to move to do the 17th. Is that right for 7 p.m.? Thank you everybody. Reports. The planning director, Director Butner, may we have your report, please?

Yeah. I'll keep it short, sweet to the point. Um, starting on page 29 of the packet, uh, we just threw in some year year end stats for 25. Um, you guys have been busy. Um, 54% of the business was subdivision, so over half reviewing a lot of plats, but uh, lot of new cups as well last year. Reszoning made it quite a quite a bit. So, just want to give you a quick head headline view of that. Um, this is a little fuzzy. I apologize. looks better in the packet, but the um first one is just kind of showing what our um cups look like, how many active we have, uh how many have been revoked, how many were approved. Um really this is annual compliance, so this is just showing what is out there that has been approved long ago, just keeping up with. And the next one is uh showing just a snapshot of our code enforcement efforts, which is the other the dark side, I guess, of planning and zoning. Um but it shows the uh current open cases, the number of complaints received this year uh which was sizable but we've actually been able to address most of them but we do have three that are progressing to a state where we are uh living fine. So the mechanism is working and we have a new policy that we're following to start getting turning the tide on some of these code enforcement cases. That's my report.

Thank you director. Um, since I'm a new commission chair, I'm going to say I don't have a report tonight, but thank you everybody for being here and not so sure, but I'll give it my best shot. Thank you so much. Um, KPB planning. Uh, I apologize. I don't have my notes, so I don't really want to. There was I don't know how the I don't recall the findings on each one of them. There was uh conditional use permits for a um transmission line poles in the Cooper Landing area, but I don't have my notes with me on what got approved and not approved.

Yeah. Um we I I can tell you what was on in before us, but I apologize I don't have the final vote on it. But the um [groaning] where are we? conditional use permit was for the Trudia Electric in the Cooper's Landing area. And then we had a utility easement in the Fritz Creek area in Homer. [sighs] And then we had another easement um and that was here in Kenai. And that one um I do do remember that one that was voted on. That one was approved for the Shoreline Heights. There was a subdivision um easement on the back side as it met up to the bluff if I remember correctly. [gasps and sighs] And then there was a building setback encroachment permit in the K beach area and another setback area in the same area. This guy had like four buildings if I remember correctly. Yes. So yeah, one person for five different structures. Yes, that's what it was. And all of his structures did get approved. I do remember that. And the last one was by CO Alaska and that was a land use permit. And that was it. It was a short meeting.

Thank you, Commissioner Fes. Cassenna, it's your turn.

Thank you. I'll keep this long. Um, so, uh, we accepted a donation of $4,500 to the library, uh, for library materials, wayfinding, which is signage, and programming. Uh, we increased the city league participation fee from $50 to $100 uh to help remove the team fee that was $350 just to simplify and share that cost equally. uh authorized the city manager to complete an agreement for mutual aid and assistance for the Alaska water wastewater agency uh response network and approved a lease agreement of tract A and track B city of Kenai shore fishery. Even looking at the notes, I still couldn't glean what that was. [sighs and gasps] Yeah. Um and then discussed proposition questions for a 2026 special election. Uh essentially um based off the the last election votes, there appeared to be enough voters in the city of Kenai who wanted to align with state voting uh time frames. And so the council is looking at aligning to burrows um voting timelines because there's a huge cost share benefit to doing that. So with that came uh the discussion of what two questions would be on the ballot. Um, and so there was some debate on how to phrase those appropriately um, just to make sure that um, it's asking the right question of the voters and not um, misleading them or um, unintentionally hiding something. So basically the questions will be do you want to vote the same time as the burrow? And uh, that was the meeting. That was

pretty much the whole meeting. Oh, the only other thing I wanted to add is I did get invited to the high school to talk to their government class. Um, and I just kind of wanted to dispel the myth that you often hear that like, yeah, you kids these days, uh, we took the full class and I took away probably 40 recommendations from that group of kids of what they would love to see in the city of Kenai. So, um, Mrs. Johnson is the teacher uh that the government. Yes. So, if you get an opportunity, I think she would love to have commissioners there. It was a really cool thing to do. Uh and just really encouraging to see uh how involved the kids wanted to be. So, uh give it a shot if you get a chance.

Okay. Is there any additional public comment? Is there anyone on the Zoom that would like to make a public comment. There are no members of the public online. Thank you.

The next meeting attendance notification is January 28, 2026. Please note that the the is anyone planning to be absent or attending remotely. Okay. Uh commissioner comments and questions. This is kind of my favorite part. Um I would like to start with our newest commissioner returning to the PNZ, Alex Stop it. No. Uh, thanks for having me back and we'll see what happens here. How it goes. It's going to be busy. Looks like lots of growth going on in that city. So glad to be here. Help out. [clears throat] Thanks,

Commissioner Woodard. I just want to welcome Alex back. He sits on my left side now instead of my right. [laughter] But that's it. I just [clears throat] keep getting closer this way. I don't know what happens. My chair keeps moving over. Uh, thank you for going to that class because uh, US government was one of my favorite classes. Probably why I landed right here. [laughter] And Commissioner Krauss. Oh, you just made your comment, Commissioner Fes, please. Oh, good. That's it. All right. Anybody else? I'm hungry.

All right. I know. I'm starving, too. There are commissioners online as well. No. Oh, Commissioner Asen and Commissioner uh Ersley. No, I'm good. I just wanted to say welcome back, Alex. Commissioner Ersley. Welcome back, uh, Alex, and congratulations to the chair and the vice chair. Thank you. Yeah, they already are. Yeah. Uh we have no pending items at this time. Seeing no further business before this body, we