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Home My WebLink AboutResolution No. PZ2015-11CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -11 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE REQUEST FOR SETBACKS TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A GRAVEL PIT FOR THE EXTRACTION OF NATURAL RESOURCES. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL ZONING CODE. APPLICANT: Greg Duggan and Tom Reese ADDRESS: P.O. Box 42, Kenai, Alaska 99611 & 49820 Leisure Lake Drive, Soldotna, Alaska 99669 PROPERTY ADDRESS: 503 CHILDS AVENUE LEGAL DESCRIPTION: NW '/ SE '/4 Section 4, Township 5 North, Range 11 West, Excluding Jaynes Subdivision, Seward Meridian KENAI PENINSULA BOROUGH PARCEL NUMBER: 04935007 WHEREAS, the City of Kenai Planning and Zoning Commission finds the Variance request for setbacks are 80 feet from the western property line or 50 feet from the proposed right -of -way of Childs Avenue as shown on Tract 3 of the proposed plat of Jaynes Subdivision Big Mikes Addition (where 200 feet is required), 50 feet from the northern property line (where 150 feet is required), 50 feet from the proposed eastern property of Tract 3 of the Plat of Jaynes Subdivision Big Mikes Addition (where 150 feet is required), 15 feet from the southern property line (where 150 feet is required); and, WHEREAS, the City of Kenai Planning and Zoning Commission finds: 1. That an application meeting the requirements of Sections 14.20.140, 14.20.152 14.20.154 and 14.20.180 of the Kenai Municipal Code has been submitted and received on April 15, 2015. 2. This request is located on land zoned as Heavy Industrial. 3. That a duly advertised public hearing as required by Kenai Municipal Code 14.20.153 was conducted by the Commission on May 13, 2015 and May 27, 2015. 4. The Planning & Zoning Commission has found that the applicant has demonstrated with plans and other documents and has found which are a prerequisite to issuance of a Variance have been met, as follows: VARIANCE FINDINGS KMC 14.20.180 details the intent and application process for Variance Permits. The Code also outlines the review criteria that should be used by the Planning and Zoning Commission to determine if a variance should be granted. The Commission shall establish a finding that all of the following conditions exist as a prerequisite to issuance of a variance permit: 1. Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same zoning district. As shown on the submitted site plan, the applicant proposes to construct and operate an approximately 3 -acre sand and gravel pit within the approximately 5- acre western portion of the subject 30 -acre parcel; Kenai Peninsula Borough Parcel No: 04935007. Pursuant to KMC 14.20.154(a)(1) the boundaries of the proposed sand and gravel excavation at its greatest dimensions, including back slopes, would be need to be at least two "hundred feet from any road or public right -of -way and at least one hundred fifty feet from other surrounding property lines, except that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet excavation between sites. Given the relatively small excavation area, the applicant has requested a Variance Permit (PZ15 -11) to allow the required setbacks to be reduced. As shown on the submitted site plan, the applicant has proposed a setback of 80 feet from the present western property line and edge of the Right -of -Way of Childs Avenue (where 200 feet is required), 50 feet from the northern property line (where 150 feet is required) and 15 feet from the southern property line (where 150 feet is required According to the applicant, if the setbacks as they are required by Code are adhered to, it would leave an area that is approximately 1 -acre in size to be used for proposed mining operation. It is therefore the opinion of staff that given the size of the proposed sand and gravel pit, that reducing the setbacks to those as proposed would be acceptable and in conformance with KMC 14.20.154(2) and that this finding can be made. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The special conditions and circumstances are primarily due to natural causes (gravel deposition and formation of wetlands during glacial retreat) and existing development within the surrounding neighborhood. The subject sand and gravel pit would be accessible via Childs Avenue. By locating the sand and gravel pit where it is proposed, it would not require the additional creation of roadways. The request does not merely constitute a pecuniary hardship or inconvenience. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The proposed use is an allowed use within the Heavy Industrial Zoning District subject to obtaining a Conditional Use Permit. The use is appropriate given the surrounding existing industrial land uses to the east and south. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. The request for setbacks are 80 feet from the western property line or 50 feet from the proposed right -of -way of Childs avenue as shown on Tract 3 of the proposed plat of Jaynes Subdivision Big Mikes Addition (where 200 feet is required), 50 feet from the northern property line (where 150 feet is required) and 15 feet from the southern property line (where 150 feet is required). The above requested setbacks will provide for reasonable use of the sand and gravel extraction of the subject site given that the proposed material site is approximately 3- acres. It should also be noted that the proposed variance is based on the recording approved Preliminary Plat by the Kenai Peninsula Borough. It should also be further noted that the decision to approve the variance is based on the assumption that the Platt will be recorded. 5. The granting of a variance shall not be based upon other non - conforming land uses or structures within the same land use or zoning district. The requested variance is not based on other non - conforming land uses structures within the Heavy Industrial zoning district; and, WHEREAS, the City of Kenai Planning and Zoning Commission finds the Variance request is subject to the following Conditions of Approval: CONDITIONS OF APPROVAL 1. Prior to commencement of extraction of Natural Resources, Applicant shall obtain all necessary State and Federal Permits. 2. Prior to commencement of construction and extraction of Natural Resources, Applicant shall be required to construct a non - climbable 6 foot high fence as shown on the approved site plan along Childs Avenue. 3. The only processing of material that shall take place on the subject site is screening. There shall be no crushing of material or operation of a concrete or asphalt plant on the subject site. 4. Material extraction site shall be limited to 3 -acres in size and shall be located on the subject site as shown on the approved site plan. Any future expansion beyond 3 -acres of the material extraction site shall require the modification of the Conditional Use Permit. 5. There shall be no extraction of Natural Resources beyond the ground water table. 6. Hours of operation shall be 8 am to 8 pm for the moving of materials. 7. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. 8. Prior to recording the Plat (PZ15 -13), the applicant shall submit an application to the City of Kenai, Planning and Zoning Division for a Transfer of the Conditional Use Permit for the Gravel Pit (PZ15 -10). 9. Applicant shall employ the use of dust control measures to ensure the material site and Childs Avenue remain dust free. Dust control shall include the daily use of a water truck and placement of Calcium Chloride on Childs Avenue. A water truck shall also be used to control dust from the working face of the Gravel Pit. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 OF THE KENAI MUNICIPAL CODE HAVE BEEN SHOWN TO EXIST AND THERE THE COMMISSION GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 27TH DAY OF MAY, 2015. CHAIRPERSON: +� ATTEST: 4Jeffait, Chairperson IL