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HomeMy WebLinkAboutResolution No. PZ2016-37"Villaye with a Past, C# wdh 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. PZ16-37 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE FOR THE PLACEMENT OF AN APPROXIMATELY 32 -SQUARE -FOOT BY 16 -FOOT TALL FREESTANDING SIGN WITHIN ONE (1) FOOT OF THE FRONT PROPERTY LINE, WHERE TEN (10) FEET IS REQUIRED. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL ZONING CODE: APPLICANT NAME AND ADDRESS: KENAI FELLOWSHIP, A CHURCH OF CHRIST, INC., P.O. BOX 538, KENAI, ALASKA 99611 PROPERTY LOCATION: 8333 KENAI SPUR HIGHWAY, TRACT A, KENAI FELLOWSHIP CHURCH 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 October 24, 2016; 2. This request is located on land zoned as Suburban Residential 3. Kenai Peninsula Borough Parcel No: 04520025 4. That the applicant seeks a Variance for the placement of a free standing sign approximately 32 -square -foot sign with an approximate height of 16 feet at a distance of one (1) foot from the front property line, where ten (10) feet is required. 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. The existing free standing sign is located approximately 8 feet from the front property line and is therefore considered a legal non -conforming structure pursuant to KMC 14.20.050(d) — Nonconforming Structures. It was constructed prior to the adoption of the City's Zoning Code and therefore it can remain in its present location, however it cannot be enlarged or modified. It may however have routine maintenance done to it. The applicants have requested to replace the existing sign with a new approximately 32-squre-foot sign. Pursuant to KMC 14.20.220, signs are required to be placed 10 feet from any property line. The proposed sign would be a free standing double faced sign of approximately 7 feet in length with two 6 inch posts on either side. As proposed, the sign would be approximately 5 feet from the existing Church building due to the 10 -foot setback requirement. This location would make the sign not very visible to passing drivers on the Kenai Spur Highway. If the proposed sign was constructed at a distance of 1 -foot front the front property line, it would be much more visible to drivers and Church goers. 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. The Right -of -Way for the Kenai Spur Highway is approximately 200 feet wide in this location. The front property line of the subject parcel is located approximately 131 feet from the centerline of the highway. Pursuant to the Department of Transportation, a permanent sign cannot be located within their Right -of -Way. When the Church was built in 1974, the City of Kenai did not have zoning authority from the Kenai Peninsula Borough, therefore, staff it unaware of what the setbacks to the property line for buildings was at the time of construction. Given the location of the Church building and its proximity to the property line it seems reasonable to allow for the placement of a new sign at a distance of 1 - foot from the front property line. 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. Pursuant to KMC 14.20.220(b)(2)(c) — Signs for Other Allowed and Conditional Uses, one sign not to exceed 32 square feet may be constructed on the subject lot for multi -family dwellings, clubs, professional offices, churches, and other similar uses. d. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. To maximize its visibility, the applicant has requested to construct the proposed sign at a distance of 1 -foot from the property line. This would allow for increased visibility of the new sign and place it a reasonable distance from the existing Church building. 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 applicant understands that the decision of the Planning and Zoning Commission shall not be based on other non -conforming lots in the Suburban Residential Zone. The applicant has provided a site plan that shows that the proposed sign will be located 1 -foot from the front property line of the subject parcel. This proposed setback from the front property seems reasonable given the width of the Right -of -Way for the Kenai Spur Highway. That a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Commission on November 2, 2016 and November 4, 2016. 7. CONDITIONS: a. Applicant must comply with all Federal, State, and local regulations. b. Prior to obtaining a Building Permit, the Applicant must submit a Sign Permit application. c. Flashing or intermittent illumination is not permitted. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, ON THIS 9t" DAY OF NOVEMBER, 2016. CHAIRPERSON: ATTEST J Pairpe ,rson