Loading...
HomeMy WebLinkAboutResolution No. PZ2015-08"'Villaye with a Past, Ci� with aFuture 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 aw www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ15 -08 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A TEN FOOT SIDE YARD SETBACK VARIANCE WHERE 15 FEET IS REQUIRED TO ALLOW A FIVE FOOT SIDE YARD SETBACK, FOR THE PLACEMENT OF A 12 FOOT X 32 FOOT (384 SQUARE FEET) PREFABRICATED STORAGE SHED. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE: APPLICANTS' NAME AND ADDRESS: ERIC AND SUSAN WILCOX, 416 MCCOLLUM DRIVE, KENAI, AK 99611 PROPERTY LOCATION: 416 MCCOLLUM DRIVE, LOT 1, BUZZELL 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 April 6, 2015; 2. This request is located on land zoned as Rural Residential 1 3. Parent Borough Parcel No: 04511031 4. That the applicant seeks a variance that reduces the 15 foot side yard setback to five feet along the southerly boundary of the property. 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. Staff Comments: It does not appear that there are special conditions or circumstances that are peculiar to this site, which are not applicable to other lands or structures in the same zoning district. 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. Staff Comments: The applicants currently have an existing shed in the rear of the property. Applicants indicate that this shed is in disrepair and that it is their intent to remove the shed at some point. The existing shed currently encroaches into the rear set back and the removal of the shed will alleviate the encroachment. Applicants have indicated that they have spoken to the adjoining property owner, Grace Brethren Church, and the owner does not have an objection to the placement of the storage shed. Applicants state that the placement of the shed will not require the removal of any trees and that the treed area between the adjoin properties create a privacy buffer. 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. Staff Comments: The permitted principal use for this property is a single family dwelling; an accessory building is an allowed use so long as there is permitted principal use (residence) on the property. d. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and /or structure. Staff Comments: The applicants wish to maintain a 20 foot separation between the storage shed and residence to allow the applicants space to maneuver their boat; therefore, the storage shed may not be moved c loser to the residence. The applicant state that the gravel area adjacent to the residence has been used as a parking area for the last 25 years. Applicants plan to place the shed on the existing gravel pad. 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. Staff Comments: The request for the variance is based on the applicants desire to place a storage shed on their property and not on any other variance that may have been granted in the Rural Residential 1 Zone, 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on May 13, 2015. 7. Applicants must comply with all Federal, State, and local regulations. 8. Applicants must apply for a building permit prior to the placement of the prefabricated storage shed on the property. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 13th DAY OF MAY, 2015. W!EffZ r ATTEST: