HomeMy WebLinkAboutORDINANCE 1033-1985Suggested by: Planning h Zoning
CITY OF KENAI
ORDINANCE NO. 1033-85
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.160 AND 14.20.320 %moo,
(b)(69) CONCERNING THE VARIANCE PERMIT DEFINITION AND
REQUIREMENTS OF THE KENAI ZONING CODE.
WHEREAS, the Kenai Zoning Code provides for the issuance of a
variance permit by the Kenai Advisory Flanning Z Zoning
Commission if certain conditions have been satisfied by the
petitioner, and
WHEREAS, certain deficiencies in the variance permit section
of the Code have created review problems for the Commission, and
WHEREAS, the existing review criteria are too general and do not
include certain conditions which shGuld be considered in
evaluating a variance permit request, and
WHEREAS, the proposed revision of the variance permit section
includes a more accurate intent statement and more descriptive
review criteria, and
WHEREAS, a public hearing has been conducted by the Kenai
Advisory Planning do Zoning Commission on March 27, 1985 in
accordance with the Kenai Zoning Code, and
WHEREAS, the Commission unanimously recommended approval of the
variance permit section in accordance with adopted Resolution No.
PZ 85-19.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA, that KMC 14.20.180 and 14.20.320 (b) (69) are
repealed and re-enacted as follows:
14.20.180 Variance Permits
(a) Intents A variance means the relaxation of the
development requirements of this chapter to provide f
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 concerned.
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1) the application shall r•ontain the follcwinq:
(i) A iPgal description of the property involved;
(ii) Plans showing the location of all existing
and proposed buildings or alterations, elevations
of Such buildings or alterations, and such data as
may be required.
(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.
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 F�uthorize a
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 other non -conforming land uses or structures
within the sale land t:ae or zoning district.
(d) Public Hearing: The public hearing and notification
procedure for a variance application shall be
accomplished in accordance with the requirements of
this chapter.
(e) Permit Expiration and Extension: An approved variance
permit shall lapse 12 months from the date of approval
if no certificate of occupancy has been issued by the
Building Official. The Commission may grant a time
extension not to exceed six months upon a finding that
circumstances have root 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.
I
14.20.320 Definitions
(b) (69) "Variance" means the relaxation of the uevelopment
requirements of this chapter to provide relief
when the literal enforcement would deprive a
property owner of the reasonable use of his real
property.
PASSED BY THE COUNCIL OF THE CITY OF KENA1, ALASKA, this 17th day
of April, 1985.
M WJVGON MAYOR
ATTEST:
4
et Whelan, City Clerk
Pfi
-" I
i
First Reading: April 3, 1985 '
Second Reading: April 17, 1985 '
Effective Date: May 17, 1985
i -
Y
iµ.20.170-14.20.180
compliance with Horizontal Property Regimes Act, AS 34.07
has been made prior to the sale of any townhouse dwelling
C units, and further:
(i) The developer or subdivider of any Planned Unit
Residential Development shall depnsit with the
appropriate homeowners' association, formed in
compliance with the Horizontal Property Regimes Act
cited in this section, a contingency fund in the sum of
$500 per dwelling unit in the townhouse development;
[ii] A copy of the by-laws of the homeowners'
association showing in what manner the aforesaid
contingency fund shall be controlled shall be furnished
to the City for review and approval. (Ord 925)
14.20.180 Variance Permits: (a) Intent. A variance means
a relaxation of the development requirements of this chapter in
. cases where unusual physical features of the property would make
strict application of the zoning regulations unreasonable.
(b) Procedure.
(1) An application for a variance permit shall be filed in
writing with the administrative official and signed by the
owner of the property concerned.
0� [i] 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 alterations, elevations
of such buildings or alterations, and such data as
may be required.
[ii] The application for a variance shall contain a
statement and adequate evidence showing the following
conditions, all three of which must exist before a
variance may be granted:
a That there are exceptional physical cir-_
cumstances or conditions'applicable to the
property or to its intended use or development
which do hot apply generally to the other
properties in the same land use district;
(b) That the strict application of the provisions
of this chapter would result in practical dif-
ficulties or unnecessary hardship;
(c) That the granting of the variance will not
result in material damage to other properties in
the vicinity nor be detrimental to the public
health, safety, or welfare.
(iii) The public hearing and notification procedure
Z for a variance application shall be accomplished in
accordance with the requirements of this chapter.
(2) An approved variance permit shall lapse 12 months from
the date of approval if no certificate of occupancy has been
issued by the Building Official. The Commission may grant a
..r time extension not to exceed six' 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
�. rearing 0all not be required as a condition to granting the
extension. (Ords 925, 987)
14-35
(City of Kenai
Supp. #32 - 11; 17/84)
P
COT` OF KENAI
"Od CaJO dl o f 414a"
2+o RMLao ;Mm, m.ns:u MM1
TEL04ME M - 7W
MEMORANDUM
TO: Mayor Waooner anj Kenai City Council
FROM: Jeff Labahn. Land Manaaer
SUBJECT: Ordinance No. 1033-85: Variance Permit Revisions
DATE: April 9. 1985
Ordinance No. 1033-85 proposes certain amendments to the Kenai Zonino_ Code.
Specifically, this ordinance revamps the section dealing with the
application. review. and issuance of a valiance permit by the Kenai
:advisory Plaimiiig & Zoning Commission. The Commission has the final
authority to issue a variance permit as provided in the Kenai Zoning Code.
The proposed ordinance differs from the existing code in two ways:
1) The definition/intent statement for "variance" has been broadened in
scope. The existing code states that there must be "unusual physical
features of the property" which must be present in order Lo grant a
variance. The proposed ordinance does not limit a variance to the
existence of certain physical features. Rather. the variance can be
considered in any situation where "..the literal enforcement would
deprive the property owner of the reasonable use of his real
property."
2) The existing Code requires that all of three stated conditions must
be satisfied as a prerequisite to obtaining a variance. The proposed
ordinance expands these requirements to five review criteria which
better define the parameters of a variance
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