HomeMy WebLinkAbout2015-07-08 Planning & Zoning Packet
CITY OF KENAI
PLANNING & ZONING COMMISSION
AGENDA
CITY COUNCIL CHAMBERS
July 8, 2015 - 7:00 p.m.
1. CALL TO ORDER:
a. Pledge of Allegiance
b. Roll Call
c. Agenda Approval
d. Consent Agenda
e. *Excused Absences
*All items listed with an asterisk (*) are considered to be routine and non-controversial
by the Commission and will be approved by one motion. There will be no separate
discussion of these items unless a Commission Member so requests, in which case
the item will be removed from the Consent Agenda and considered in its normal
sequence on the agenda as part of the General Orders.
2. *APPROVAL OF MINUTES:
a. *June 24, 2015 ................................................................................................... 1
3. SCHEDULED PUBLIC COMMENT: (10 Minutes)
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
5. CONSIDERATION OF PLATS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street,
Kenai, AK 99611 .............................................................................................. 5
6. PUBLIC HEARINGS:
a. PZ15-19 – Application for a Variance Permit granting an approximately 7.8 foot
side yard variance where 10 feet is required to allow a 2.2 foot side yard setback
for the construction of an addition to the residence for the property located at 111
S. Gill St., Lot 45, Block 1, Redoubt Terrace Subdivision. ............................. 15
b. PZ-15-21 – A resolution of the Planning & Zoning Commission of the City of Kenai,
Alaska recommending the City Council Amend Kenai Municipal Code 1.90.030 –
Qualifications, to allow up to one of the seven members of the Planning & Zoning
Commission to be non-residents if they own a business located within the City
and making other house keeping changes. .................................................... 30
7. UNFINISHED BUSINESS: None
8. NEW BUSINESS: None
9. PENDING ITEMS: None
10. REPORTS:
a. City Council ....................................................................................................... 38
b. Borough Planning - None (meeting will not be held until July 13, 2015)
c. Administration
11. PERSONS PRESENT NOT SCHEDULED: (3 Minutes)
12. INFORMATIONAL ITEMS: None
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 22, 2015
14. COMMISSION COMMENTS & QUESTIONS:
15. ADJOURNMENT:
CITY OF KENAI
PLANNING & ZONING COMMISSION
CITY COUNCIL CHAMBERS
JUNE 24, 2015 - 7:00 P.M.
CHAIR JEFF TWAIT, PRESIDING
MINUTES
1. CALL TO ORDER
Commissioner Twait called the meeting to order at 7:00 p.m.
a. Pledge of Allegiance
Twait led those assembled in the Pledge of Allegiance.
b. Roll Call
Roll was confirmed as follows:
Commissioners present: G. Pettey, K. Peterson, J. Glendening, D. Fikes
R. Springer, J. Twait
Staff/Council Liaison present: City Planner M. Kelley, City Clerk S. Modigh, H. Knackstedt
A quorum was present.
c. *Excused Absences – None
d. Agenda Approval
MOTION:
Commissioner Peterson MOVED to approve the agenda; Commissioner Springer SECONDED
the motion. There were no objections; SO ORDERED.
e. Consent Agenda
MOTION:
Commissioner Glendening MOVED to approve the consent agenda and Commissioner Fikes
SECONDED the motion. There were no objections; SO ORDERED.
*All items listed with an asterisk (*) are considered to be routine and non-controversial by
the Commission and will be approved by one motion. There will be no separate discussion
of these items unless a Commission Member so requests, in which case the item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda
as part of the General Orders.
2. *APPROVAL OF MINUTES – June 10, 2015
Approved by the consent agenda.
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3. SCHEDULED PUBLIC COMMENT: (10 Minutes) – None.
4. PERSONS PRESENT NOT SCHEDULED: (3 Minutes) – None.
5. CONSIDERATION OF PLATS: None
6. PUBLIC HEARINGS:
a. PZ15-17 – Application for a Variance Permit granting a 5 foot side yard variance where
15 feet is required to allow a 10 foot side yard setback for the placement of a 12 x 20 foot
storage shed with an approximately eight foot attached lean-to for the property located at
1215 Chinook Dr., Lot 13, Oberts Pillars Subdivision Part Two.
City Planner Kelley reviewed his staff report recommending approval of the variance permit with
the following conditions:
• Applicants must comply with all Federal, State and local regulations.
• Applicants must obtain a building permit prior to the placement of the prefabricated
storage shed on the property.
MOTION:
Commissioner Peterson MOVED to approve Resolution No. PZ15-17 and Commissioner Fikes
SECONDED the motion.
Chairman Twait opened the public hearing.
The applicant addressed the Commission noting the dimensions of the shed would likely be
smaller than proposed. Also noted, his neighborhood has stringent requirements on aesthetics.
With no one else wishing to speak, the public hearing was closed.
VOTE:
YEA: Pettey, Peterson, Fikes, Glendening, Springer, Twait
NAY:
MOTION PASSED UNANIMOUSLY.
Chairman Twait noted the 15 day appeal period.
7. UNFINISHED BUSINESS: None.
8. NEW BUSINESS:
a. Discussion with Administration and Consider scheduling a joint Work Session with the
Airport Commission regarding the rezoning of Airport Lands.
City Planner Kelley provided an over view of the joint work session conducted with the Airport
Commission on June 23, 2015. An additional joint work session was scheduled on August 8,
2015 at 5:30 p.m.
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Both commissions were in favor of rezoning some of the airport lands; staff to prepare a draft for
review at the next work session.
9. PENDING ITEMS:
a. PZ15-03 – Preliminary Original Beluga Subdivision 2015 Replat & Right-of-way
Vacation, submitted by Kenai New Life Assembly of God, 209 Princess Street, Kenai,
AK 99611
10. REPORTS:
a. City Council – Knackstedt reviewed the action agenda of the June 17, 2015 council
meeting which was provided in the packet.
b. Borough Planning – Glendening reviewed action taken at the meeting on June 22, 2015
noting six subdivision plats were approved.
c. Administration – Kelley provided an update on the gravel pit project noting an appeal
had not been filed; upcoming would be variance for an existing enclosed room addition
built without a permit; a possible conditional land use application for a structure in old
town may be before the commission; advised of the council work session on July 21 to
discuss the junk vehicle ordinance.
11. PERSONS PRESENT NOT SCHEDULED:
Kristine Schmidt spoke in opposition to the work session held on June 23rd related to the
rezoning of airport lands. Noted this item was very controversial and the public needs to be
more involved.
12. INFORMATIONAL ITEMS – None.
13. NEXT MEETING ATTENDANCE NOTIFICATION: July 8, 2015
COMMISSION COMMENTS & QUESTIONS:
Commissioner Pettey noted that when she attends a work session she does so with an open
mind and appreciates the public input.
14. ADJOURNMENT:
There being no further business before the Commission, the meeting was adjourned at
7:37 p.m.
Minutes prepared and submitted by:
_____________________________
Sandra Modigh, CMC
City Clerk
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 8, 2015 Res: PZ15-03
GENERAL INFORMATION
Applicant: Kenai New Life Assembly of God 283-7752
209 Princess St.
Kenai, Alaska 99611
Submitted by: Integrity Surveys 283-9047
820 Set Net Drive
Kenai, Alaska 99611
Requested Action: Preliminary Subdivision Plat – Beluga Subdivision 2015 Replat &
Right of Way Vacation
Existing Legal
Description: Lots 1 though 3, Block 2, Beluga Subdivision, Plat No. K1447 and
Lot 3A4, Block 4, Beluga Subdivision, First Assembly of God Replat
of Lots 3 & 4, Block 4, according to Plat 86-228
Proposed Legal
Description: Tract 5, Beluga Subdivision 2015 Replat & Right of Way Vacation.
Street Address: 209 Princess St.; 207 Beluga Dr. West; 209 Beluga Dr. North; and
251 Beluga Dr. North
KPB Parcel No.: 04523011; 04523001; 04523002; and 04523003
Existing Zoning: Rural Residential 1
Current Land Use: Church and Vacant Lots
Land Use Plan: Neighborhood Residential
ANALYSIS
This plat reconfigures Lots 1 through 3, Block 2, Beluga Subdivision, Plat No. K1447 and
Lot 3A4, Block 4, Beluga Subdivision, First Assembly of God Replat of Lots 3 & 4, Block 4,
according to Plat 86-228 into one large tract to be described as Tract 5, Beluga Subdivision
2015 Replat and Right-of-Way Vacation. The resulting parcel would be approximately
6.774 acres and would meet the minimum lot size for the Rural Residential 1 zone.
Princess Street is a City maintained gravel road which currently provides access to the
property. The property is serviced by City water and sewer. An installation agreement is
not required.
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The plat further vacates a portion of the 60-foot right-of-way for Beluga Drive North (see
copy of plat for exact location). This right-of-way is not being utilized and can, therefore,
be vacated.
The rights-of-way for Beluga Drive West and Beluga Drive North have not been developed
and the City of Kenai will not require that these road rights-of-way be developed at this
time because the replated tract shall have access off of Princess Street.
The vacation of Beluga Drive North will create a dead end street at the north end of the
vacated portion of Beluga Drive North. Kenai Municipal Code 14.10.070(d)(3) provides
that “a dead end street shall terminate in an open space (preferably circular) having a
minimum radius of fifty (50) feet.” Kenai Peninsula Borough Code 20.30.100 also provides
“The closed end of the cul-de-sac shall have a suitable turnaround with a minimum radius
of 50 feet to the property line”. The surveyor, Scott Huff, with Integrity Surveys has
submitted a letter and drawing to the City of Kenai indicating that he will be asking for an
exception to KPB 20.30.100 based on the following findings:
• The original plat dedicated a large area to ROW where there is angle in Beluga
Drive N.
• The corner area at the angle is 85.4' in width.
• The large corner area is large enough to allow for the construction of an improved
roadway. An exhibit drawing is attached showing a possible road design.
• Lot 2 will be the only parcel using Beluga Dr. N for access. All other lots front on
Princess St.
• Princess Street is an improved road and city maintained. Beluga Drive N. is not an
improved road.
• Tract 5 will continue to use the existing access on Princess Street.
• It does not seem reasonable to have a cul-de-sac dedication 109' away from the
"corner" cul-de-sac area.
The City of Kenai agrees with the surveyor’s findings and would not require that a cul-de-
sac be constructed at the southern end of Beluga Drive North. Lot 1, Block 3, Beluga
Subdivision will be the only parcel using Beluga Dr. N for access and at this point and the
property has not been developed. If at some point Lot 1, Block 3, Beluga Subdivision is
developed, the portion of Beluga Drive North that is not being vacated would have to be
developed to provide access to the lot and a cul-de-sac created pursuant to Kenai
Municipal Code. City Administration agrees with the surveyor’s findings that a cul-de-sac
could be created in this area as it would provide enough with to be constructed and
dedicated.
RECOMMENDATIONS
The Kenai New Life Assembly of God is located on Lot 3A4, Block 4, Beluga Subdivision,
First Assembly of God Replat of Lots 3 & 4, Block 4, however; the replat does not provide
any as-built information as to the location of the structure within the lot boundaries; if an
encroachment exists, the plat does not create nor increase the encroachment.
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Recommend Approval with the following conditions:
A. Further development of the property shall conform to all Federal, State and local
regulations.
B. The title block of the Preliminary Plat shall be revised to read “a replat of Lots 1 – 3,
Block 2, Beluga Subdivision, Plat No. K1447 and Lot 3A4, Block 4, First Assembly of
God Replat of Lots 3 and 4, Block 4, Plat No. 86-228”.
C. The 15-foot utility easements as referenced in Plat Note number 2 shall be drawn on
the plat.
D. Lot 2 Block 3 as shown on the Preliminary Plat shall be revised to read Lot 1.
E. The labels “Park Reserve” shall be removed from the Plat.
F. A signature block shall be added to the plat for the City of Kenai to approve the
vacation of a portion of Beluga Drive North.
G. At such time as Kenai New Life Assembly of God or its affiliates or subsidiary’s obtain
Lot 2, Block 3, a new Plat shall be submitted to the City of Kenai to further vacate
Beluga Drive North and create a cul-de-sac at its terminus to guarantee uninterrupted
physical access.
ATTACHMENTS:
1. Resolution No. PZ15-03
2. Preliminary Plat
3. Letter and Drawing prepared by Integrity Surveys
4. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-03
SUBDIVISION PLAT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED
SUBJECT TO THE FOLLOWING CONDITIONS:
WHEREAS, the attached plat of BELUGA SUBDIVISION 2015 REPLAT & RIGHT OF
WAY VACATION was referred to the City of Kenai Planning and Zoning Commission on
March 25, 2015, and received from Integrity Surveys; and,
WHEREAS, that the following right-of-way within the BELUGA SUBDIVISION 2015
REPLAT & RIGHT OF WAY VACATION, a replat of Lots 1 though 3, Block 2, Beluga
Subdivision, Plat No. K1447 and Lot 3A4, Block 4, Beluga Subdivision, First Assembly of
God Replat of Lots 3 & 4, Block 4, according to Plat 86-228, within the City of Kenai is no
longer needed for public use:
1. Vacate that portion of the 60 foot right-of-way for Beluga Drive North which is set forth
on the plat of BELUGA SUBDIVISION 2015 REPLAT & RIGHT OF WAY VACATION,
which is attached hereto as Exhibit “A”; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. Plat area is zoned Rural Residential 1 and therefore subject to said zone conditions.
2. Plat does not subdivide property within a public improvement district subject to special
assessments. There is not a delinquency amount owed to the City of Kenai for the
referenced property.
3. Installation agreement or construction of improvements is not required.
4. Status of surrounding land is shown.
5. Utility easements, if required, shall be shown.
6. Surveyor shall verify that no encroachments exist. If an encroachment exists; the plat
does not create nor increase the encroachment.
7. Street names designated on the plat are correct.
8. CONDITIONS:
A. Further development of the property shall conform to all Federal, State and local
regulations.
B. The title block of the Preliminary Plat shall be revised to read “a replat of Lots
1 – 3, Block 2, Beluga Subdivision, Plat No. K1447 and Lot 3A4, Block 4,
First Assembly of God Replat of Lots 3 and 4, Block 4, Plat No. 86-228”.
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C. The 15-foot utility easements as referenced in Plat Note number 2 shall be
drawn on the plat.
D. Lot 2 Block 3 as shown on the Preliminary Plat shall be revised to read Lot 1.
E. The labels “Park Reserve” shall be removed from the Plat.
F. A signature block shall be added to the plat for the City of Kenai to approve
the vacation of a portion of Beluga Drive North.
G. At such time as Kenai New Life Assembly of God or its affiliates or subsidiary’s
obtain Lot 2, Block 3, a new Plat shall be submitted to the City of Kenai to further
vacate Beluga Drive North and create a cul-de-sac at its terminus to guarantee
uninterrupted physical access.
NOW, THEREFORE, BE IT RESOLVED, THAT THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI RECOMMENDS THE KENAI PENINSULA
BOROUGH PLANNING COMMISSION APPROVE BELUGA SUBDIVISION 2015
REPLAT & RIGHT OF WAY VACATION SUBJECT TO ANY NEGATIVE FINDINGS AS
STATED ABOVE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 8th day of July, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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BELUGA SUBD.
FO
1
3
1
2
3-
A
-
4
2
(2
)
(4
)
251
251 209
209
306
271271 251
251
20
7
209
209
BELUGA DR
PRINCES
251
251 209
209
306
271271 251
251
20
7
209
209
.125'Date: 7/2/2015The information depicted here on is for graphic representation only of the best available sources. The City of Kenai assumes no responsibility for errors on this map.1 inch equals 125 feetLot 3, Blk. 4, Beluga Subd. First Assembly of God Replat and Lots 1 - 3, Blk. 2, Beluga Subd.
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STAFF REPORT
To: Planning & Zoning Commission
Date: July 8, 2015 Res: PZ15-19
GENERAL INFORMATION
Applicant: Jennifer Woods 907-283-4548
111 S. Gill St.
Kenai, AK 99611
Requested Action: Variance requesting approximately 7.8 foot side yard
setback where ten feet is required which results in a
2.2 foot side yard setback to complete the
construction of an approximately 17 foot x 9 foot
enclosed room addition to the residence, plus an
additional 4 foot open deck
Legal Description: Lot 45, Block 1, Redoubt Terrace Subdivision
Street Address: 111 S. Gill St.
KPB Parcel No.: 04712018
Existing Zoning: Suburban Residential
Current Land Use: Single Family Dwelling
Land Use Plan: Neighborhood Residential
ANALYSIS
General Information:
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.
The applicant states, as follows: “We replaced a rotten deck on the
side of the house. With the new zoning restrictions there should be
a 10 foot setback, but there is only about 12 feet to the house. The
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old deck was 6 foot x 12 foot and we have replaced with a 9 foot x
17 foot covered deck. The roof follows the existing roof line and is
therefore 20 foot wide.”
Staff Comments: Prior to the construction of the current enclosed
room addition, the residence included an open landing and
stairway. This configuration was in compliance with the side yard
setback requirements as set forth in KMC 14.20.200(a)(3)
Accessory Structures, as follows:
Unenclosed outside stairways, fire escapes, porches, or
landing places as well as cornices, canopies, eaves, and
other similar architectural features not providing additional
floor space may extend into a required side or rear yard
except within five feet (5′) of any lot line.
When the applicant removed the existing landing and stairway and
constructed the enclosed room addition which adds additional floor
space to her residence, the applicant was not in compliance with
the side yard setback requirements KMC 14.24.020 which requires
that the setback for a “daylight basement/split level” shall be a
distance of ten (10) feet.
It should be noted that the applicant did not make application for a
building permit prior to beginning construction of the enclosed room
addition. Applicant was under the impression that because she
considered this enclosed room addition to be a “deck” that a
building permit was not required by the City of Kenai.
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.
Applicant states, as follows: “The neighborhood was built long
before the current zoning codes were in place. Therefore, the lot
size s and homes/structures don’t afford the ability to conform to the
current codes.”
Staff Comments: Applicant has stated that the landing which was
removed by the applicant was approximately 6 feet x 12 feet. This
configuration met the side yard setback requirements as set forth in
KMC 14.20.200(a)(3) which is five feet from the property line.
The property became non-compliant with the side yard setback
requirement set for in KMC 14.24.020 when the applicant removed
the existing landing and stairway and constructed the
approximately 9 foot x 17 foot enclosed room addition to the
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residence without applying for a building permit.
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 applicant states, as follows: “The variance will allow for the
completion of the covered/enclosed deck. It will only be used for
residential personal comfort.”
Staff Comments: The variance does not authorize a use that is not
permitted in the Suburban Residential zoning district.
4. The granting of a variance shall be the minimum variance that will
provide for the reasonable use of the land and/or structure.
Applicant indicates that “permitting the variance in conjunction of
the easement will allow for the structure to be sided with the same
as the house with no fire rating barriers to be met along with
screened windows that are operable.”
Staff Comments: The as-built survey indicates that the residence
is 2.2 feet from the property line, the variance to be granted will be
approximately 7.8 feet.
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.
Applicant states, as follows: “There are no other noncompliant
structures on the property. This variance will have no other purpose
but to accommodate the covered deck.”
Staff Comments: The request for the variance is based on the
applicant’s desire to complete the construction of the enclosed
room addition to her residence and not on any other variance that
may have been granted in the Suburban Residential zoning district.
In addition to requesting a Variance Permit from the Planning & Zoning
Commission, the applicant must enter into a Non-Building Easement with the
adjoining property owner (Lot 46, Block 1, Redoubt Terrace Subdivision) in order
to be in compliance with current building codes which require a five foot setback
from property lines. As a condition of the granting of the Variance Permit the
Non-Building Easement must be executed by all parties and recorded in the
Kenai Recording District, prior to the issuance of a building permit to complete
the construction of the enclosed room addition to the applicant’s residence.
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RECOMMENDATIONS
As previously stated, it is the opinion of the Administration that the residence met
the side yard setback requirements prior to the removal of the landing and
stairway. The removal of the landing and stairway and construction of the
approximately 9 foot x 17 foot enclosed room addition created the non-
compliance of the side yard setback requirement as set forth in KMC 14.24.020.
The Administration recognizes that the applicant has spent considerable time
and resources to construct the enclosed room addition thus far; therefore,
Administration recommends the granting of this variance because it would be
consistent with the intent of KMC 14.20.180(a) which states “to provide relief
when the literal enforcement would deprive a property owner of the reasonable
use of his real property”.
The issuance of the variance shall be conditioned upon the following:
a. Prior to issuance of a building permit, the applicant must provide the
City of Kenai with an executed and recorded copy of the Non-Building
Easement between the applicant and the owners of Lot 46, Block 1,
Redoubt Terrace Subdivision.
b. Applicant must obtain a building permit prior to the completion of the
enclosed room addition to the residence located at 111 S. Gill Street.
c. Applicant must comply with all Federal, State, and local regulations.
ATTACHMENTS:
1. Resolution No. PZ15-19
2. Application
3. As-built
4. Map
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15-19
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING AN APPROXIMATELY 7.8 FOOT SIDE YARD SETBACK
VARIANCE WHERE TEN FEET IS REQUIRED WHICH RESULTS IN A 2.2 FOOT
SIDE YARD SETBACK. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE
KENAI MUNICIPAL ZONING CODE:
APPLICANT’S NAME AND ADDRESS: JENNIFER WOODS, 111 S. GILL ST., KENAI,
AK 99611
PROPERTY LOCATION: 111 S. GILL STREET, KENAI, ALASKA, 99611, LOT 45,
BLOCK 1, REDOUBT TERRACE SUBDIVISION.
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from
the strict provisions of the zoning code may be granted by the Commission if all
conditions specified in 14.20.180 are met; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 (b) has been
submitted and received on June 9, 2015;
2. This request is located on land zoned as Suburban Residential.
3. Borough Parcel No: 04712018
4. That the applicant seeks a variance that reduces the ten foot building setback to
2.2 feet.
5. The Planning & Zoning Commission has found that the conditions which are a
prerequisite to issuance of a variance have been met, as follows:
a. 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.
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 / Fax: 907-283-3014
www.kenai.city
Prior to the construction of the current enclosed room addition, the residence
included an open landing and stairway. This configuration was in compliance
with the side yard setback requirements as set forth in KMC 14.20.200(a)(3)
Accessory Structures, as follows:
Unenclosed outside stairways, fire escapes, porches, or landing places as
well as cornices, canopies, eaves, and other similar architectural features
not providing additional floor space may extend into a required side or rear
yard except within five feet (5′) of any lot line.
When the applicant removed the existing landing and stairway and constructed
the enclosed room addition which adds additional floor space to her residence,
the applicant was not in compliance with the side yard setback requirements
KMC 14.24.020 which requires that the setback for a “daylight basement/split
level” shall be a distance of ten (10) feet.
It should be noted that the applicant did not make application for a building
permit prior to beginning construction of the enclosed room addition. Applicant
was under the impression that because she considered this enclosed room
addition to be a “deck” that a building permit was not required by the City of
Kenai.
b. 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.
Applicant has stated that the landing which was removed by the applicant was
approximately 6 feet x 12 feet. This configuration met the side yard setback
requirements as set forth in KMC 14.20.200(a)(3) which is five feet from the
property line.
The property became non-compliant with the side yard setback requirement set
for in KMC 14.24.020 when the applicant removed the existing landing and
stairway and constructed the approximately 9 foot x 17 foot enclosed room
addition to the residence without applying for a building permit.
c. 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 variance does not authorize a use that is not permitted in the Suburban
Residential zoning district.
d. The granting of a variance shall be the minimum variance that will provide for
the reasonable use of the land and/or structure.
The as-built survey indicates that the residence is 2.2 feet from the property line,
the variance to be granted will be approximately 7.8 feet.
e. 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 request for the variance is based on the applicant’s desire to complete the
construction of the enclosed room addition to her residence and not on any
other variance that may have been granted in the Suburban Residential zoning
district.
6. That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on July 8, 2015.
7. Prior to issuance of a building permit, the applicant must provide the City of Kenai
with an executed and recorded copy of the Non-building Easement between the
applicant and the owners of Lot 46, Block 1, Redoubt Terrace Subdivision.
8. Applicant must obtain a building permit prior to the completion of the addition to the
residence located at 111 S. Gill Street.
9. Applicant must comply with all Federal, State, and local regulations.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 8TH DAY OF JULY, 2015.
CHAIRPERSON: ATTEST:
Jeff Twait, Chairperson Sandra Modigh, City Clerk
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May 27, 20
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32
Ordinance No. 2829-2015
Page 2 of 2
_____________________________________________________________________________________
New Text Underlined; [DELETED TEXT BRACKETED]
Council from this requirement. The member cannot be an officer or employee of the
City of Kenai. If any member should move his or her residence from the corporate
limits of the City of Kenai (if applicable), is an officer or employee of the City of Kenai,
or shall be elected or appointed as an officer or employee of the City of Kenai, the
service of such member shall terminate immediately. He or she should be aware that
he or she will serve without salary, but will be reimbursed for all reasonable expenses
incurred in connection with this service, only after approval by Council.
(b) The Beautification Committee, and Harbor, Library, and Parks and Recreation
Commissions may at the discretion of the Council have[:(1)] up to two [(2)] non-
resident members each[; OR (2) HAVE ONE (1) MEMBER WHO DOES NOT RESIDE IN
THE CITY BUT WORKS AT LEAST ONE-HALF TIME WITHIN THE CITY].
(c) The Planning and Zoning Commission may have up to one member that is not a
resident of the City if they have a controlling ownership interest in a business
physically located in the City. This provision specifically does not create a
designated seat for a non-resident.
Section 3. Severability: That if any part or provision of this ordinance or application
thereof to any person or circumstances is adjudged invalid by any court of competent
jurisdiction, such judgment shall be confined in its operation to the part, provision, or
application directly involved in all controversy in which this judgment shall have been
rendered, and shall not affect or impair the validity of the remainder of this title or
application thereof to other persons or circumstances. The City Council hereby
declares that it would have enacted the remainder of this ordinance even without such
part, provision, or application.
Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall
take effect 30 days after adoption.
ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of July,
2015.
______________________________________
PAT PORTER, MAYOR
ATTEST:
___________________________________
Sandra Modigh, City Clerk
Introduced: May 20, 2015
Enacted: July, 15, 2015
Effective: August 15, 2015
33
AN ORD
KENAI
TO ON
COMMIS
WITHIN
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general
and,
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commiss
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commiss
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will expa
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RE BE IT R
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S 8th DAY O
Jeff Twait,
CITY
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RECOMME
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Chairperso
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1.90.030 -
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ty board, co
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ENDED TO
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on
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AI
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Z15-21
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O THE COU
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TEST:
Sand
nue, Kenai,
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www.kenai.
N
NAI, ALASK
ATIONS, T
ANNING A
A BUSINE
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UNCIL OF
DINANCE N
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THE CITY
OF THE C
dra Modigh
Alaska 996
Fax: 907-28
city
KA, AMEND
TO ALLOW
AND ZON
ESS LOCA
S.
s, provides
mittee memb
ing and zo
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cated in the
ile continuin
munity; and
o eliminate
ttees relate
THE CITY
NO. 2829-2
THAT EIT
OF KENA
ITY OF KE
h, City Clerk
611-7794
83-3014
DING
W UP
NING
ATED
s the
bers;
oning
oning
e City
ng to
d,
e the
ed to
Y OF
2015,
HER
I TO
ENAI,
k
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