HomeMy WebLinkAboutResolution No. PZ2015-06"Villaye with a Past Ci� with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -06
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A EIGHT FOOT SIDE YARD SETBACK VARIANCE WHERE TEN
FEET IS REQUIRED WHICH RESULTS IN A TWO FOOT SIDE YARD SETBACK.
THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL
ZONING CODE:
APPLICANT'S NAME AND ADDRESS: DEREK LEITCHLITER, 46113 SATHER
COURT, SOLDOTNA, ALASKA 99611
PROPERTY LOCATION: 115 FBO ROAD, KENAI, ALASKA, 99611, LOT 2, BLOCK 1,
GENERAL AVIATION APRON SUBDIVISION NO. 1
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:
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That an application meeting the requirements of Section 14.20.180 (b) has been
submitted and received on March 18, 2015;
This request is located on land zoned as Light Industrial
Borough Parcel No: 04324002
That the applicant seeks a variance that reduces the ten foot building setback to
two feet.
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.
In order to maximize the efficiency of his business the applicant must have a lot
adjacent to the taxi -way which is large enough to allow aircraft to exit the
hangars and make a safe approach onto the taxi -way. Based on the submitted
site plan, this lot appears to meet the needs of the applicant, in that it is located
on the taxi -way and it is large enough to accommodate the two T hangars. Staff
would like to note that the application submitted indicates that there will be 16
hangar spaces; however, the submitted floor plan indicates that each hangar will
have six units which would result in 12 hangar spaces.
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.
There are other lots available along the taxi -way; however, this lot appears to
best meet the needs of the applicant. It is large enough to construct the two T-
hangars and allow for a safe approach onto the taxi -way from the hangars. The
lot has already been cleared; so additional time and money will not be required
to have the lot cleared prior to beginning construction of the two T hangars.
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.
At the time that the applicant submitted his application to lease the airport
property, airports and related uses were a permitted use in the Light Industrial
zone. On October 3, 2014 Ordinance 2784 -2014 became effective which
changed airports to a conditional use in the General Commercial, Light Industrial
and Heavy Industrial zones. Administration has made the determination that
since the applicant had submitted the lease application prior to Ordinance2784-
2014 being codified; hangars are a permitted use and applicant does not have
to apply for a Conditional Use Permit.
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 side yard setback in the Light Industrial zone is ten feet. The site plan that
was submitted by the applicant reflects that the two T hangars are two feet from
the side yard setback, therefore, the applicant is requesting a variance of eight
feet. This is the minimum amount required to meet the ten foot side yard
setback.
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 construct two
T hangars for Me parking and storage of airplanes and not on any offw variance that may
have been granted in the Light Industrial zone.
6. That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on April 8, 2015.
7. Applicant must comply with all Federal, State, and local regulations.
8. Prior to beginning construction of the T hangers, lessee must obtain a building
permit.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 8T" DAY OF APRIL, 2015.
CHAIRPERSON: IA 4 ATTEST:
JWrWait, Chairperson an odi City Clerk