HomeMy WebLinkAboutORDINANCE 1459-1991s-
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Suggested By:
CITY OF I~ENAI
Planning & Zoning
ORDINANCE NO. i4s9-91
AN ORDINANCE 4F THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 14.20.180 ENTITLED "VARIANCE PERMITS."
WHEREAS, KMC 14.20.180 refers to permitting processes to obtain a
variance Permit; and,
WHEREAS, the Variance permitting process requires a Public
Hearing pursuant to RMC 14.20.280, and the City incurs
advertising and notification costs in regards to the public
hearing; and,
WHEREAS, a $100.00 non-refundable fee is reflected in the permit
application to cover notification costs, but has been omitted in
KMC 14.20.180; and,
WHEREAS, KMC 14.20.180 should be updated to reflect the $100.00
non-refundable deposit/advertising fee to provide consistency and
clarification in the permitting process.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 14.20.180 be amended as follows:
14.20.180 yariance,~gts: (a) Intent: A variance weans
the relaxation of the development requirements of this chapter to
provide relief when the literal enforcement would deprive a
property owner of the reasonable use of his real property.
(b) Permit Application: An application for a variance
permit shall be filed in writing with the administrative official
and signed by the owner of the property concern.
(1) The application shall contain the following:
[A~ A legal description of the property involved;
[B] Plans showing the location of all existing
and proposed buildings or a alterations, elevations of
such buildings or alterations, and such data as may be
required.
jC,1, ~, no -refundable deposit/advertisina fee ,pg
~Q~: 44~.
(c) Review Criteria: The Commission shall establish a
finding that all of the conditions have been found to exist as a
prerequisite to issuance of a variance permit.
(1) 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.
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(2) 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.
(3) The granting of the variance shall not authoriue ~
use that is not a permitted principal use in the zoning
district in•which the property is located.
(4) The granting of a variance shall be the minimum
variance that will provide for the reasonable use of the
land and/or structure.
{5) The granting of a variance shall not be based upon
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(d) Public Hearing: The public hearing and notification.
procedure for a variance application shall be accomplished in
accordance with the requirements of this chapter. The appli_ cant
other non-conforming land uses or structures within the sale
land use or zoning district.
(e) Permit Expiration and Extension: An approved variance
permit shall lapse twelve (12) months from the date of approval
if the variance for which the permit was issued has not been
implemented. The Commission may grant a time extension not to
exceed six (6) months upon a finding that circumstances have not
changed sufficiently since the date of initial permit approval.
A request for extension must be submitted prior to expiration of
the permit. A public hearing shall not be required as a
condition to granting the extension.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth
day of September, 1991.
ATTEST:
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Carol L. Freas, C ty Clerk
Introduced:
Adopted:
Effective:
(8/16/91)
August 21, 1991
September 4, 1991
October 4, 1991
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