HomeMy WebLinkAboutResolution No. PZ2017-31CITY OF KENAI
PLANNING AND ZONING ADMINISTRATION
RESOLUTION NO. PZ17-31
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF
KENAI APPROVING THE APPLICATION FOR AN ENCROACHMENT PERMIT, SUBJECT TO
THE FOLLOWING CONDITIONS:
WHEREAS, the Encroachment Permit application and as -built survey dated August 18, 2017
was:
• Received by: Wilma E. Anderson Planning Assistant
• Submitted by: Penner Construction Inc.
• Submitted for: Elizabeth Segura
• Property Address: 1526 Pev Drive
• Legal Description: Lot 41, Shoreline Heights 2014 Addition Phase 1
• Parcel No.: 03914164
WHEREAS, the City of Kenai Planning and Zoning Administration finds that the application
submitted on September 23, 2017, meets the requirements of Kenai Municipal Code
14.20.185(c); and,
WHEREAS, the City of Kenai Planning and Zoning Administration finds that the applicant meets
the review criteria as set forth in Kenai Municipal Code 14.20.185(d), as follows:
1. 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.
STAFF FINDINGS: The as -built survey dated August 18, 2017, discloses that the front
corner of the foundation is approximately 14.9' from the property line and the rear corner
of the foundation is approximately 14.7' from the property line of the structure under
construction located at 1526 Pey Drive.
2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility
easement.
Resolution PZ17-31
Page 2
STAFF FINDINGS: 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 Pey Drive and the rear ten feet (10) of the property and
not along the side yard property lines.
3. 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.
STAFF FINDINGS: A single-family dwelling is a principally permitted use in the Rural
Residential zone.
4. The encroachment is not located across a platted lot line.
STAFF FINDINGS: The encroachment, which exists, does not cross a platted lot line; and
WHEREAS, Kenai Municipal Code 14.20.185 (h) provides that Administration may grant an
encroachment permit without a public hearing if the total encroachment, inclusive of all front,
rear and side setbacks, does not exceed twelve inches (12'); and provided that:
(1) The allowed encroachment on any one (1) front, rear or side setback may not
exceed ten percent (10%) of the setback as contained in the Development
Requirements Table, or twelve inches (12"), whichever is less; and
(2) The Administrative Official finds that the review criteria in subsection (d) are met.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING
ADMINISTRATION OF THE CITY OF KENAI THAT THE ENCROACHMENT PERMIT IS
APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL:
1. Applicant must comply with all Federal, State and local regulations.
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Reviewed and approved this Sday of October, 2017.
Aatthew�kKell_ey, C y Planner