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Kenai Peninsula Borough Planning Commission approves five easement and right‑of‑way vacations
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Summary
The Planning Commission voted unanimously April 28 to approve five separate utility, section-line and right-of-way vacations intended to consolidate lots and clear unused roadway and easement plats; some vacations require later city or assembly action to finalize.
The Kenai Peninsula Borough Planning Commission voted unanimously April 28 to grant five easement and right‑of‑way vacations, actions staff said will consolidate multiple small lots or remove unused roadway dedications.
Staff presented each request and recommended approval subject to conditions in staff reports. Commissioners approved: (1) a 10‑by‑30‑foot utility easement vacation in the Kanazi Estates subdivision; (2) a 20‑foot utility easement vacation tied to the Black Gold Estates replat; (3) a 60‑foot frontage right‑of‑way vacation in Black Gold Estates that will be finalized by a replat; (4) vacation of the unconstructed cul‑de‑sac portion of Erwine Road; and (5) vacation of a section‑line easement across Tract B‑1 in the Quartz Creek area, with staff recommending the 50‑foot conservation easement remain in place.
The vacations are part of several local property owners' efforts to consolidate small lots into larger parcels or to eliminate undeveloped roadway dedications that staff said are no longer practical. For the Black Gold Estates right‑of‑way vacation, staff noted the city of Kenai Planning and Zoning Commission had granted conditional approval of the replat and that Kenai City Council approval is required before the vacation is finalized. For the section‑line easement at Quartz Creek, staff and the commission noted the state of Alaska retains final jurisdiction over section‑line easement vacations under AS 19.010.010; the commission provided approval as petition and will forward recommendations where state approval is required.
Alex Dovit, who identified himself as the applicant for the Black Gold Estates filings and gave his address as 1104 Leeward Drive, Kenai, told the commission he had acquired a series of lots and was consolidating them to create a single larger lot. Dovit said the existing frontage‑road dedication makes development more costly because utilities and drive access would need to be extended across the unused 60‑foot dedication.
Gary Davis, owner of Lot 2 in the subdivision affected by the Erwine Road petition, spoke in favor of that vacation and said the cul‑de‑sac has never been constructed and will not affect access to adjoining properties.
Commissioners did not record any public opposition for the five petitions; staff reported no utility companies objected to the proposed easement vacations included in the packets. Each motion passed on roll call with unanimous yes votes from Commissioners Fikes, Morgan, Venuti, Whitney, Gillum and Brantley.
Votes at a glance
- Kanazi Estates (Utility easement vacation, KPB file 2025-04V1): Motion to grant vacation as petition based on KPB 20.65; outcome: approved; roll call: Fikes—yes; Morgan—yes; Venuti—yes; Whitney—yes; Gillum—yes; Brantley—yes. Conditions: two conditions in staff report. Provenance: staff report and motion recorded beginning ~s443–s560 and vote at ~s614–s630.
- Black Gold Estates (Utility easement vacation, KPB file 2025-048V): Motion to grant vacation as petition based on KPB 20.60.5; outcome: approved; roll call: Fikes—yes; Morgan—yes; Venuti—yes; Whitney—yes; Gillum—yes; Brantley—yes. Applicant: Alex Dovit. Conditions: two conditions in staff report. Provenance: staff report and applicant comments ~s645–s788; vote ~s833–s862.
- Black Gold Estates (Right‑of‑way vacation, KPB file 2025‑048V1): Motion to grant vacation as petition based on KPB 20.65; outcome: approved; roll call: Fikes—yes; Morgan—yes; Venuti—yes; Whitney—yes; Gillum—yes; Brantley—yes. Approx. area proposed: ~9,360 sq ft. Note: Kenai City Council must approve for finalization. Conditions: four conditions in staff report. Provenance: staff report and applicant comments ~s875–s1210; vote ~s1238–s1284.
- Erwine Road (Right‑of‑way vacation, KPB file 2025‑047V): Motion to grant vacation as petition based on KPB 20.65; outcome: approved; roll call: Fikes—yes; Morgan—yes; Venuti—yes; Whitney—yes; Gillum—yes; Brantley—yes. Approx. area proposed: ~24,259 sq ft; includes associated utility easements; the cul‑de‑sac is unconstructed. Public comment: Gary Davis (property owner) in support. Conditions: four conditions in staff report. Provenance: staff report and public comment ~s1298–s1519; vote ~s1520–s1566.
- Quartz Creek (Section‑line easement vacation, KPB file 2025‑046B): Motion to grant vacation as petition based on KPB 20.65; outcome: approved (commission recommendation); roll call: Fikes—yes; Morgan—yes; Venuti—yes; Whitney—yes; Gillum—yes; Brantley—yes. Staff recommended approval of the section‑line vacation but recommended preserving the 50‑foot conservation easement; state of Alaska retains final jurisdiction per AS 19.010.010. Provenance: staff report ~s1579–s1823; motion and vote ~s1848–s1934.
Background and context
Staff applied the borough's eight‑point consideration (KPB 20.65 and related subsections) in evaluating whether the areas proposed for vacation remain practical for the uses or purposes originally authorized. Several of the petitions referenced historical plats (Black Gold Estates plats from the 1960s, earlier amendments) and noted that frontage roads created decades ago were never constructed or became dead ends. Staff recommended conditions in each staff report to address record‑keeping, required plat notes (for flood hazard areas in the Erwine Road petition), and preservation of certain easements where state or other agency jurisdiction applies.
What happens next
Where required, finalization of vacations will depend on subsequent actions: several vacations are tied to final plat submittals (for example, the Black Gold Estates 2025 Replat and the Irvine Subdivision Number 4 plat) and the city of Kenai or the borough assembly will act where allowed. The state of Alaska retains authority on section‑line easements; the commission's action serves as a local recommendation where state approval is required.
Ending
All five motions passed unanimously with the same six commissioners recorded as voting yes; no public opposition was recorded during the hearing segments in the transcript. Staff will carry forward the conditions listed in each staff report and coordinate final plat actions and any necessary city or state approvals.
