Planning commission approves Cooper Landing lease, multiple setback permits and Stike Avenue vacation

The Kenai Peninsula Borough Planning Commission on April 13 recommended adoption of Ordinance 2026-13, approved three building setback encroachment permits, and approved a petition to vacate a portion of Stike Avenue in the Caribou Hills area.

Aaron Hughes, line management officer standing in for Robert Ruffner, described Ordinance 2026-13 as authorizing a public noncommercial communications-site lease in Cooper Landing with the Cooper Landing Community Club. He said the club has used the tower site since about 1999 to provide free television access and that the proposed lease is a public-purpose, noncommercial agreement with a nominal rent of $10 per year. The lease would be an initial five-year term with up to four additional five-year renewals by mutual written consent, would be conditioned on a merger-of-title affidavit to clear prior interests, and would reserve space for KPV colocation of equipment. "Based on the lease amount being $10 per year, this lease is being conditioned to no commercial lease activities so there's no expanded use of revenue from the site," Hughes said.

Commissioners also considered three building setback encroachment permit requests. Staff presented the facts for each: (1) a 30x30 foundation encroaching into a 20-foot setback along Herman Leer Road (KPB file 2025-150), where corners encroach by ~14.5 ft and ~12.8 ft and staff found site distance unaffected; (2) a 24x36 cabin constructed around 2000 encroaching approximately 1.5 feet along Birkenweig Street (KPB file 2026-025), a condition required to allow a replat creating two family lots; and (3) a roughly 46x66 structure in the Benjamin Barteson subdivision encroaching up to 15.2 feet into a 20-foot setback along Bronze Avenue (KPB file 2025-160), where staff found vegetation obscures the structure and recommended approval subject to conditions. In each case staff identified applicable plat notes, as-built surveys and relevant findings and recommended approval subject to the listed conditions; commissioners had limited substantive objections and voted to approve the permits.

The commission also approved a petition to vacate a portion of Stike Avenue and associated utility easements in Caribou Hills (KPB file 2023-061V1). Staff said the vacation would consolidate parcels used for trail access and community events and could improve a landing area for emergency-service helicopters; staff recommended approval subject to four conditions. The commission voted to approve the vacation and noted the Assembly will review the decision at its May 5 meeting.

All of the motions on the consent and new-business items were carried by the commission and recorded for forwarding to the Assembly as required. Commissioners praised staff work during closing comments, and interim director Aaron Hughes briefly updated the group on a separate Assembly action regarding a material-site lease at Eagle Lake.

Actions at the April 13 meeting included a recommendation to the Assembly to adopt Ordinance 2026-13 (Cooper Landing lease), approval of building setback encroachment permits for the identified lots, and approval of the Stike Avenue right-of-way vacation. Each motion included conditions listed in staff reports; commissioners asked staff to draft and circulate findings where needed.

Action: Planning Commission recommended adoption of Ordinance 2026-13 to the Assembly and approved three encroachment permits and the Stike Avenue vacation; each decision will be processed according to standard borough procedures.