HomeMy WebLinkAboutResolution No. PZ2019-04"Vt11aje with a Past, City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2019-04
ENCROACHMENT PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO :
NAME: TOM CAMPANELLA
USE : ENCROACHMENT PERMIT -FOR EXISTING SINGLE-FAMILY RESIDENCE
SIDE YARD SETBACK
LOCATED : 2730 VIP Drive, Kenai, Alaska (Lot 12. Block 3, V IP Ranch Estates
Subdivision Part One)
(Street Address/Legal Description)
KENAI PENINSULA BOROUGH PARCEL N0:-"0-'-4..;;...94""'""0-"-0...;...13"'----------
WHEREAS, the Commission finds:
1 . An as-built survey dated January 19, 2019 discloses a structure approximately 10.3
feet from the property line, an encroachment of 4. 7 feet into the side yard setback;
and ,
2 . An application meeting the requirements of Section 14.20 .185(c) was submitted and
received on January 30, 2019; and ,
3. This request is on land zoned as Rural Residential (RR) within the City of Kenai; and,
4 . An encroachment exists as defined in KMC 14.20.185(a) to be a structure located in
a manner other than set forth in the Development Requirements Table, meeting the
requirements of KMC 14.20.185(d)(1 ); and,
5. The encroa chment does not encroach upon a federal, State or City right-of-way , or
utility easement as utility easements are located within the front ten feet (1 O') of the
property adjacent to the right-of-way for the City-maintained VIP Drive , as required
Resolution No . PZ2019-04
Page 2 of 2
by KMC 14.20.185(d)(2); and ,
6. A single family dwelling is a principal permitted use in the Rural Residential Zone and
the issuance of the encroachment permit will not authorize a use which is not a
principal permitted use in the zoning district in which the property is located, as
required by KMC 14.20 .185(d)(3); and,
7. The encroachment does not cross a platted lot line, as required by KMC
14.20.185(d)(4); and ,
8. A duly advertised public hearing as required by KMC 14.20.280 was conducted by
the Commission on February 27, 2019.
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 , SUBJECT TO THE FOLLOWING
CONDITIONS:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. Pursuant to KMC 14.20.185(g), this permit shall expire automatically upon
termination or interruption of the use ; damage to the building, structure, or object
which makes it uneconomic to repair the building, structure , or object; or, the
expiration of the useful life of the building, structure, or object, whichever comes first.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA. ON MARCHY w
CHAIRPERSON:\ . lo
Je'w'Tit
Chairperson