HomeMy WebLinkAboutResolution No. PZ2014-2411Vtlla3e with a Past, Ci-ly with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone : 907-283-7535 /Fax: 907-283-3014
www.ci.kenai.ak .us
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ14-24
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING APPROXIMATELY A 3 FOOT 8 INCH REAR YARD SETBACK
VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW FOR A 16 FOOT 2 INCH
REAR YARD SETBACK AS MEASURED FROM THE SOUTHWEST CORNER OF
THE SUN ROOM ADDITION; AND
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING APPROXIMATELY A 2 FOOT 5 INCH REAR YARD SETBACK
VARIANCE WHERE 20 FEET IS REQUIRED TO ALLOW FOR A 17 FOOT 5 INCH
REAR YARD SETBACK AS MEASURED FROM THE SOUTHEAST CORNER OF THE
SUN ROOM ADDITION . THIS VARIANCE IS AUTHORIZED BY 14.20.180 OF THE
KENAI MUNICIPAL ZONING CODE:
APPLICANT'S NAME AND ADDRESS : MARY COPPLE, 1503 TOYON WAY, KENAI,
ALASKA 99611
PROPERTY LOCATION: 1503 TOYON WAY, LOT 2, BLOCK 6 , REDOUBT TERRACE
SUBDIVISION , ADON. NO. 3
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 re quirements of Section 14.20.180 (b) has been
submitted and received on October 15, 2014;
2 . This request is located on land zoned as Suburban Residentia l
3 . Borough Parcel No : 04714023
4 . That the applicant seeks a variance that reduces the 20 foot building setback to
approximately 16 feet 2 inches as measured from the southwest corner of the sun
room addition; and approximately 17 feet 5 inches from the southeast corner of the
sun room addition.
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 land use or zoning district.
When the residence was constructed in 1981, building setback requirements
were regulated by the Kenai Peninsula Borough. The Kenai Peninsula Borough
building setback requirements may have been less restrictive than the
requirements of 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
pecuniary hardship or inconvenience .
A building permit was issued in 1981 for the construction of the residence .
Applicant states "my house was built at the most southern edge of the property
in order to have the best view of the Cook Inlet". At the time of construction, the
residence set back approximately 24 feet from the property line which is
compliant with the 20 foot rear yard setback. The addition of the sun room on
the existing deck has created the encroachment into the rear yard setback.
c. The granting of the variance does not authoriz e a use that is not a permitted
principal use in the zoning district in which the property is located.
The issuance of the requested variance shall not change the permitted principal
use within the Suburban Residential Zone .
d . The granting of the variance is the minimum variance that will provide for the
reasonable use of the land and/or structure .
The variance requested is for approximately 3 feet 8 inches from the property
line as measured from the southwest corner of the sun room addition; and
Approximately 2 feet 5 inches from the property line as measured from the
southeast corner of the sun room addition.
e . The granting of the variance is not based upon other non-conforming land uses
or structures within th e same land use or z on ing d istrict.
The request for the variance is based on the desire to complete the sun room
addition and not on any other variance that may have been granted in the
neighborhood.
6 . That a duly advertised publi c hearing as required by KMC 14.20.153 w as
conducted by the Commission on November 12 , 2014.
7 . Applicant must comply with all Federal, State, and local regulations .
8 . Prior to completion of the sun room addition , the property owner must make
application for a building permit.
9 . This variance is for the sun room addition only. Any new structure will be required
to meet the zone district setbacks unless a new variance is granted.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, ON THIS 121 H DAY OF NOVEMBER, 2014.
CHAIRPERSON\ ATTEST : ----t~~r---~"'"---"'"-----