HomeMy WebLinkAboutResolution No. PZ2015-19NV
"'Villaye with a Past, Cii with a Future
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / Fax: 907- 283 -3014
www.kenai.city
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.
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 8T" DAY OF JULY, 2015.
CHAIRPERSON: ATTEST:
eff fthit, Chairperson