HomeMy WebLinkAboutResolution No. PZ2017-24M
"VI'�laye with a Past, C# 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. PZ17-24
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO:
NAME: KATHRYN STASKON
USE: ENCROACHMENT PERMIT — FOR EXISTING DETACHED GARAGE SIDE
YARD SETBACK
LOCATED: 1030 Angler Drive, Lot 2, James H. Cowan Estates
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL NO: 04939054
WHEREAS, the Commission finds:
That an application meeting the requirements of Section 14.20.185 (c) has been
submitted and received on June 16, 2017.
2. This request is on land zoned as Rural Residential (RR).
3. That the applicant has demonstrated with plans and other documents that they can
and will meet the following specific requirements as set forth in Section 14.20.185
(d):
a. An encroachment as defined in KMC 14.20.185 (a) exists.
An encroachment is defined as any object or structure above or below
ground and constructed or located in a manner other than set forth in
the Development Requirements Table.
The as -built survey, which was updated on June 9, 2017, discloses that
the detached garage encroaches entirely into the fifteen -foot (15')
building setback.
Resolution No. PZ17-24
Page 2 of 2
b. The encroachment does not encroach upon a Federal, State or City
right-of-way or utility easement.
The side yard setback does not front a Federal, State, or City right-of-
way. The utility easements are located within the front ten feet (10') of
the property line adjacent to the right-of-way for Angler Drive and not
along the side yard property lines.
c. The issuance of the encroachment permit will not authorize a use which
is a not a principal permitted use in the zoning district in which the
property is located.
A primary residence with a detached garage is a principal permitted use
in the Rural Residential Zone. On May 24, 2017, the Planning and
Zoning Commission granted a Conditional Use Permit to operate an
approximately 500 square foot Marijuana Cultivation Facility, Limited,
within the approximately 576 square foot detached garage.
d. The encroachment is not located across a platted lot line.
The encroachment, which exists, crosses the property line between Lots
1 and 2, James H. Cowan Estates. The applicant has applied for a
Building Permit to make modifications to the structure to reduce the
footprint of the existing building so that it will no longer cross the property
line between the two lots.
4. That a duly advertised public hearing as required by KMC 14.20.280 was conducted
by the Commission on July 12, 2017.
5. Applicant must comply with all Federal, State, and local regulations.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
COMMISSION OF THE CITY OF KENAI THAT THE APPLICANT HAS
DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA
FOR SAID PERMIT AND THEREFORE THE COMMISSION DOES AUTHORIZE THE
ADMINISTRATIVE OFFICIAL TO ISSUE THE APPROPRIATE PERMIT.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, on July 12, 2017.
CHAIRPERSON:
Chairperson Jjmje Heinz, Acting ity Clerk