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Planning commission approves conditional use permit for 186-square-foot deck in 50-foot habitat protection district
Summary
The Kenai Peninsula Borough Planning Commission granted a conditional use permit to allow construction of an approximately 186-square-foot deck within the Kenai River 50-foot habitat protection district, finding the project meets small-lot development standards under KPB code.
The Kenai Peninsula Borough Planning Commission on April 14 granted a conditional use permit to allow construction of an approximately 186-square-foot deck within the 50-foot habitat protection district of the Kenai River.
"Hi, Dean. My name is Morgan Aldridge. I'm a planner at the River Center," staff planner Morgan Aldridge told the commission during the staff report. Aldridge said the proposed deck would be attached to the primary structure, which itself sits entirely outside the 50-foot setback, and that the parcel qualifies for the small-lot provision of KPB 21.18.081(b)(10).
Aldridge told the commission the parcel boundaries had been defined prior to Jan. 1, 2012, and that the parcel meets additional small-lot criteria: it is 0.3 acres or less; it has less than 4,000 square feet of total developed impervious coverage; suitable developable area outside the habitat protection district is limited; and any sewage holding tank or septic system would be located entirely outside the habitat protection district. Staff also reported that public notice was mailed to 47 property owners within 300 feet and that two written comments in the commission packet were in support of the project.
Staff concluded the project meets the five general standards of KPB 21.18.081 and recommended granting the conditional use permit subject to the conditions listed in the resolution. A commissioner moved to adopt Planning Commission Resolution 2025-05 granting the permit; the motion was seconded and the commission approved it by roll call.
Recorded votes on the resolution were: Slaughter — yes; Vikes — yes; Morgan — yes; Venuti — yes; Gillum — yes; Epperheimer — yes; Whitney — yes; Brantley — yes. The motion passed unanimously.
The resolution and staff report describe conditions for the permit; the planning commission did not add conditions beyond those included in the resolution at the April 14 meeting. The staff report and approval apply the borough's small-lot provisions within the 50-foot habitat protection district to allow limited deck construction while requiring mitigation and limits on impervious surface and wastewater siting.
