The URL can be used to link to this page

Home My WebLink AboutResolution No. PZ2020-20JC Ki;NAI CITY OF KENAI PLANNING AND ZONING ADMINISTRATION RESOLUTION NO. 2020·20 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 : APPLICANT: Gregory and Faith Hampton PROPERTY ADDRESS: 313 Aspen Street LEGAL DESCRIPTION : Lot B, McClain Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04309021 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185 was submitted to the City on July 21, 2020 ; and , WHEREAS, the applicant has demonstrated with their applicat ion and as-built survey that the prerequ isites of a Encroachment Permit have been met pursuant to Kenai Municipal Code 14.20.185 (c) and , WHEREAS , the City of Kenai Plann ing and Zoning Administration finds that the applicant meets the review criteria as set forth in Kenai Municipal Code 14.20 .185 ( d), as follows : • Kenai Municipal Code 14 .20.185(d)(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 . The as-built survey dated July 18, 1970, discloses that the attached garage is approximately 19.4 feet from the property line • Kenai Municipal Code 14.20.185(d)(2) - The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. The property is not located along a Federal or State right-of-way. The front yard setback does not encroach into the City right-of-way for Aspen Street. A ten foot ( 1 O') utility easement is delineated along the east ten feet of the rear property line; however, utility poles and boxes are located within the right-of-way of Aspen Street. • Kenai Municipal Code 14.20.185(d)(3) - Resolution No . PZ2020-20 Page 2 of 2 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. A single-family dwelling is a principally permitted use in the Suburban Res idential zone. • Kenai Municipal Code 14 .20.185(d)(4) - The encroachment is not located across a platted lot line. The encroachment does not cross a platted lot line. WHEREAS , the City of Kenai Planning and Zoning Administration finds that the applicant meets the following cr iteria for granting a permit without a public hearing : • Kenai Municipal Code 14.20.185(h)(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; The encroachment is six inches (6"). • Kenai Municipal Code 14 .20.185(h)(2) - The Administrative Official finds that the review criteria in subsection (d) are met. The review criteria were met as evaluated above. 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. 2 . The new property owner proceeds with a plat amendment with the Kenai Peninsu la Borough to get the old building setback off of t he recorded plat for the property. Reviewed and approved this 24th of July, 2020 Elizabeth Appleby, City Planner City of Kenai I 210 l=idalgo Ave, Kenai, AK 99611-77941907.283.7535 I www.kenai.city STAFF REPORT TO: File FROM: Elizabeth Appleby, City Planner DATE: July 21, 2020 SUBJECT: PZ2020-20 -Encroachment Permit -Front Yard Setback Applicant: Gregory and Faith Hampton. 313 Aspen Street Kenai, AK 99611 Legal Description: Lot B, McClain Subdivision Property Address: 313 Aspen Street KPB Parcel No: 04309021 Lot Size: .23 (approximately 10,019 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INF ORM ATION This parcel was subdivided in 1967 and the plat of McClain Subdivision provided for a twenty-five foot building setback along the street right-of-way . Kenai Peninsula Borough records indicate that the single family dwelling was constructed in 1968, which was prior to the adoption of Kenai Municipal Code governing setback requirements. Kenai City Council adopted Ordinance 2702- 2013 on May 15, 2013, changing the front setback requirement from twenty-five (25) feet to twenty feet (20'). An as-built survey that was prepared on July 18, 1970, denotes that the building setback along the Asp.en Street right-of-way is 19.4 feet from the property line rather than the required twenty feet (20'). City staff received a complete application for an encroachment permit for the relaxation of the building setback requirement as set forth under 14.24.020 Development Requirements Table. ANALYSIS Kenai Municipal Code 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered when determining if a permit should be granted . Kenai Municipal Code 14.20.185(d ) The following conditions as outlined in Kenai Municipal Code 14.20.185 ( d) must exist before issuing an Encroachment Permit: • Kenai Municipal Code 14.20.185(d)(1) - An encroachment as defined in KMC 14.20.185(a) exists. STAFF FINDINGS: An encroachment is defined in KMC 14.20.185(a) 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. The as-built survey dated July 18, 1970, discloses that the attached garage is approximately 19.4 feet from the property line and a 20-foot setback is required . • Kenai Municipal Code 14.20.185(d)(2) - The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. STAFF FINDINGS: The property is not located along a Federal or State right-of-way. The front yard setback does not encroach into the City right-of-way for Aspen Street. A ten foot (1 O') utility easement is delineated along the east ten feet of the rear property line; however, utility poles and boxes are located within the right-of-way of Aspen Street. • Kenai Municipal Code 14.20.185(d)(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 Suburban Residential zone. • Kenai Municipal Code 14.20.185(d)(4) - The encroachment is not located across a platted lot line. STAFF FINDINGS: The encroachment does not cross a platted lot line. Kenai Munici pal Code 14.20.185(h) Kenai Municipal Code 14.20.185(h) provides that Administration may grant an encroachment permit without a public hearing if the following two criteria are met: Page 2 of3 The City of Kenai I www.kenai.city • Kenai Municipal Code 14.20.185(h)(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'J, whichever is less; STAFF FINDINGS: The encroachment is six inches (6''). • Kenai Municipal Code 14.20.185(h)(2) - The Administrative Official finds that the review criteria in subsection (d) are met. STAFF FINDINGS: The review criteria were met as evaluated above. RECOMMENDATION Administration finds that the applicant meets the criteria for issuance of an Encroachment Permit as set forth in Kenai Municipal Code 14.20.185 (d) and (h) and hereby recommends that an Encroachment Permit be issued, subject to the following condition: (1) Applicant must comply with all Federal, State and local regulations. (2) The new property owner proceeds with a plat amendment with the Kenai Peninsula Borough to get the old building setback off of the recorded plat for the property. ATTACHMENTS A. Resolution No. PZ2020-20 B. Application C. Site Plan Page 3 of 3 The City of Kenai I www.kenai.city ( DocuSign Envelope ID : 8C35470A-2F89-4AE0-94DE-C28595CE20DB Encroachment Permit Application Name: Gregory & Faith Hampton Mailing Address: 313 Aspen St City : Kenai State: Phone Number(s}: 907-252-3174 Email: Hampton@gci.net Name: Mailing Address: City: State: Phone Number(s}: Email: Kenai Peninsula Borough Parcel# (Property Tax ID }: Physical Address: 313 Aspen Street Legal Description: McClain LB Zoning: Acres: .23 How is this property currently being used? Residential Use of surrounding property -north: Residential Use of surrounding property -south: Residential Use of surrounding property -east: Residential Use of surrounding property -west: Residential Encroachment Requested for (attach additional sheets if necessary}: 313 Aspen AK City of Kena i Planning and Z oning Departme nt 21 0 Fida lgo Avenue Kenai, AK 99611 (907 ) 283-8200 planni ng@kenai.city www.kenai.city/pla nning Zip Code: 99611 Zip Code: Explain how the encroachment falls into the following defintion in City Code -"Encroachment" means any object or stru cture above or below ground and constructed or located in a manner other t han set forth in the Development Requirements Table.": garage is 6" into the 20' building set back DocuSign Envelope ID: 8C35470A-2F89-4AE0-94DE-C28595CE20DB The encroachment does not encroach upon a Federal, State, or City right-9f-way or utility easement. 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. The encroachment is not located across a platted lot line. AUTHORITY TO APPLY FOR AN ENCROACHMENT: Iii YES Iii YES Iii YES I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for an encroachment permit in conformance with Title 14 of the Kenai Municipal Code. I understand that payment of the application fee is nonrefundable and is to cover the costs associated with processing this application, and that it does not assure approval of the encroachment. I also understand that assigned hearing dates are tentative and may have to be postponed by Planning Department staff of the Planning and Zoning Commission for administrative reasons. I understand that a site visit may be required to process this application. City of Kenai personnel are authorized to access the above-referenced property for the purpose of processing this application. Signature: Date: Print Name: Greg Hampton Title/Business: For City Use Only Date Application Fee Received: ~ Id.\ PZ Resolution Number: l,,'?-t>~t)-~\) ~7-!S -iLJ z 60'. R/W ASPEN STREET SEE CITY OF KENAI ZONlNG FOR BUILDING SETBACKS Pwr Pole N 00°12' w ~ 74.00 \ <D t'i 8.Q N DECK BUILDING 10' Utility Ea5ement 25' Building Setback c t'r) co lO 0 0) -'""'"""" l"""1Dll SIJA\ltY ..... .........,, C() ~ 1HE l&PLS llOl!IGIGt l.OCA- ~--- N 00°12' W 74.00