Loading...
HomeMy WebLinkAboutResolution No. PZ2016-40"'Villaye with a Past, Gl'�, wN 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. PZ16-40 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN AFTER THE FACT VARIANCE TO SETBACKS FOR THE EXTRACTION OF NATURAL RESOURCES BELOW THE WATER TABLE WITHIN 10 (TEN) OF THE REAR PROPERTY LINE, WHERE 150 FEET (ONE HUNDRED AND FIFTY) FEET IS REQUIRED. THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE KENAI MUNICIPAL ZONING CODE: APPLICANT: James Doyle PROPERTY ADDRESS: 2369 Beaver Loop Road, Kenai, AK 99611 LEGAL DESCRIPTION: Tract Al, Beaver Loop Acres Addition No. 1 KENAI PENINSULA BOROUGH PARCEL NO: 04912051 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 November 21, 2016; and, 2. This request is located on land zoned as Rural Residential; and, 3. That the applicant seeks an After the Fact Variance for setbacks for the Extraction of Natural Resources below the water table; and, 4. 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. Pursuant to the submitted application, the Application is requesting an After the Fact Variance for reduced setbacks for the Surface Extraction of Natural Resources pursuant to KMC 14.20.154(a)(2). Resolution No. PZ16-40 Page 2 of 4 As outlined in Code, the boundaries of the existing excavation at its greatest dimensions, including back slopes, should be two hundred feet from any road or public right-of-way and one hundred fifty feet from other surrounding property lines, with the exception that adjoining permitted surface extraction of natural resources sites are not required to maintain the above one hundred fifty feet excavation between sites. As shown on the submitted site plan, the applicant has proposed a setback of 10 feet along the rear property line within the area identified as the buffer area behind Area 2. Within the area of the existing gravel pit to the west, there are two other gravel pits which have excavated to the extent of the northern property line. These two pits were established prior to the city assuming zoning powers and thus are legal non -conforming uses pursuant to KMC 14.20.050. At present the portion of the subject gravel pit shown as Area 1 is considered legal non- conforming because it was excavated to the northern property line prior to the city assuming zoning powers in 1984. Thus it may continue to operate so long as it is not enlarged beyond its extent. PZ05-35 allowed this area to be excavated below the water table, because it was determined by the Board of Adjustment based on the "diminishing asset doctrine" as adopted by the Alaska Supreme Court that it was not to be considered an enlargement or increase in the non -conformity of its use. According to the applicant, beginning approximately 10 years ago, the owners began the process of excavating Area 2 as shown on the site plan dated June 21, 2005 (PZ05-35). During that time Mr. Doyle was experience failing health and was unable to maintain awareness of the required conditions of PZ05-35. Thus, Area 2 was excavated beyond the 150 -foot setback as required by KMC. The application has indicated that Mr. Doyle did not purposely or maliciously breach the 150 -foot setback area. In 1985 when the permit was transferred to Mr. Doyle, it was transferred intact and complete. Given that the original CUP did not include excavation below the water table, Kenai Municipal Code required that an amendment to the CUP be required. KMC 14.20.158(b) states: (b) A permit holder may amend his site plan and statements by filing an application for amendment in writing with the administrative official. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. Pursuant to KMC 14.20.158(b) as discussed above and in PZ05-35 an amendment to a CUP should be approved by the Commission if the original application would have been approved had it contained the provisions of the application for amendment. It was discussed by staff in PZ05-35 that other gravel pits in the area have noted a high water table and requested and subsequently approved to excavate below the water table. Thus given this discussion, it is staffs opinion that this finding can be made. 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. Resolution No. PZ16-40 Page 3 of 4 The special conditions and circumstances are primarily due to natural causes (gravel deposition and formation of wetlands during glacial retreat) and existing development within the surrounding neighborhood. 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 proposeduseis an allowed use within the Rural Residential Zoning District subject to obtaining a Conditional Use Permit. The use is appropriate given the surrounding existing gravel pit land uses to the west. 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 requested After the Fact Variance would recognize a setback of 10 feet from the northern property line for the area behind Area 2. The area has been excavated to approximately 30 feet below the original ground surface and at a final 2:1 slope. Recognizing this setback would allow the applicant to regrade the final working face of the limit of the extraction area to a 2:1 slope in this area. The applicant would then reclaim this area with backfill material and then plant with native grasses. The above request will provide for a reasonable use of the land as a gravel pit and allow the applicant the ability reclaim this portion of the existing gravel pit at its present setback of 10 feet from the rear property line. 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 requested variance is not based on other non -conforming land uses structures within the Rural Residential zoning district; and, WHEREAS, a duly advertised public hearing as required by KMC 14.20.280 was conducted by the Planning and Zoning Commission on January 11, 2017; and, WHEREAS, a Public Hearing was held on January 11, 2017, and was continued until January 25, 2017, and said public hearing was duly advertised as required by Kenai Municipal Code 14.20.280 and was conducted by the Planning and Zoning Commission on January 25, 2017; and, WHEREAS, any and all specific conditions deemed necessary by the Planning and Zoning Commission to fulfill the conditions as set forth below shall be met by the applicant. 1. Prior to commencement of extraction of Natural Resources or ny reclamation activities, the Applicant shall obtain all necessary State and Federal Permits. 2. Prior to commencement of any extraction of Natural Resources or any reclamation activities, the Applicant shall repair or replace any damaged fencing located on the rear of the site. 3. Prior to commencement of any extraction of Natural Resources or any reclamation activities, the Applicant shall submit a revised site plan which labels the area behind Area 2 as Area 2A and ensures that the further subsurface extraction is limited to within 10 feet of Resolution No. PZ16-40 Page 4 of 4 the rear property line. 4. Excavation below the water table shall only be allowed in those locations marked Area 1, Area 2, Area 2A and Area 3. 5. There shall be no further excavation below the water table in the Area located up to 10 feet from the rear property line behind Area 2. The final working face shall be back sloped to minimum angle of 2:1. The excavation may not penetrate the subsurface clay/silt layer located approximately 30 feet below the original ground surface. 7. If fill material is placed in the pits, it must be fill material originally from this approximately 52.5 -acre site and it must not contain any "hazardous substances," or "industrial waste,' "mining waste," "solid waste," or "other waste" as defined in Alaska State Statues. 8. Applicant shall file an annual report for the Conditional Use Permit as set forth in Kenai Municipal Code 14.20.155. 9. Applicant shall employ the use of dust control measures to ensure the material site and the driveway fronting onto Beaver Loop Road remain dust free. Dust control shall include the daily use of a water truck and placement of Calcium Chloride on the driveway. A water truck shall also be used to control dust from the working face of the Gravel Pit. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA THAT THE REQUESTED AFTER THE FACT VARIANCE IS HEREBY GRANTED AND THEREFORE THE PLANNING AND ZONING COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 25th"' day of January, 2017. Jeff it, Chairperson