HomeMy WebLinkAboutResolution No. PZ2015-17"Viliaye with a Past, Git with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014
www.ci.kenai.ak.us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ15 -17
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A FIVE FOOT SIDE YARD SETBACK VARIANCE WHERE 15
FEET IS REQUIRED TO ALLOW A TEN FOOT SIDE YARD SETBACK, FOR THE
PLACEMENT OF A 12 FOOT X 20 FOOT (240 SQUARE FEET) STORAGE SHED
WITH AN APPROXIMATELY 8 FOOT X 20 FOOT (160 SQUARE FEET) LEAN -TO.
THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
PROPERTY LOCATION: 1215 CHINOOK DRIVE, LOT 13, OBERTS PILLARS
SUBDIVISION PART TWO
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 May 22, 2015;
2. This request is located on land zoned as Rural Residential
3. Parent Borough Parcel No: 04937128
4. That the applicant seeks a variance that reduces the 15 foot side yard setback to
ten feet along the westerly 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:
In viewing the subject property with the applicant, the property is
developmentally constrained. The subject property slopes downwards
towards the location of the proposed storage shed which prohibits
development elsewhere on the subject property. Furthermore, pursuant to
the Recorded Plat (KEN 97 -31) no trees with a trunk diameter within the 75
foot vegetation buffer may be removed from the subject property. Therefore,
given that the remaining trees on the subject property are located within the
75 foot buffer area and cannot be removed. The proposed storage shed
would need to be placed in its proposed location.
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 proposed shed would be placed on an existing gravel pad which was
created as part of the house construction. The property is constrained by
slope which limits the location where the storage shed could be reasonably
built. By placing the storage shed in the location as proposed by the
applicant, it would not constitute a pecuniary hardship or inconvenience.
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:
Located adjacent to the existing gravel pad is a 10 foot utility easement which
runs parallel to the proposed storage shed. The applicant proposes to
construct the storage shed a 10 foot distance from the property line.
Therefore, the minimum allowed distance for the storage shed to be located
from the property line would be 10 feet.
6. That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on June 17, 2015, June 19, 2015 and June 21,
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 24th DAY OF JUNE, 2015.
CHAIRPERSON4Jew t hairperson
ATTEST: