The URL can be used to link to this page

Home My WebLink AboutResolution No. PZ2020-22CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. 2020-22 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE PERMIT TO EXCEED THE MAXIMUM SQUARE FOOTAGE PER STORY ALLOWED WITHIN THE TOWNSITE HISTORIC DISTRICT AT LOT 16B, TOWNSITE OF KENAI 2016 ADDITION APPLICANT: Kenaitze Indian Tribe PROPERTY ADDRESS: 1000 Mission Avenue LEGAL DESCRIPTION: Lot 16B, Townsite of Kenai 2016 Addition KENAI PENINSULA BOROUGH PARCEL NUMBER: 04707134 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.150, Variance permit -Permit Application, was submitted to the City; and, WHEREAS, the existing Tyotkas Elder Center located on Lot 16B, Townsite of Kenai 2016 Addition is located within the Townsite Historic District (TSH Zone) of the City; and, WHEREAS, Kenai Municipal Code 14.20 .10(c)(4) requires building be 5,000 square feet or less per story within the Townsite Historic District; and, WHEREAS, a Variance Permit was granted with Resolution PZ15-04 allowed for a 6,500 square foot building; and, WHEREAS, the addition to the existing Tyotkas Elder Center building will increase the size of the building by approximately 1,619 square feet to become a total of 8, 119 square feet; and. WHEREAS, the applicant has demonstrated with plans and other documents that all of the conditions have been found to exist as a prerequisite to issuance of a variance permit pursuant to Kenai Municipal Code 14.20.180(c), Variance permit-Review Criteria; and, WHEREAS, the Planning and Zoning Commission finds: 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 zoning district. This property has been used as an Elder Center for many years by the Kenaitze Indian Tribe. It is not feasible to construct a two-story building because it would not functionally service the needs of the tribal elders. The desired addition is to the dining hall and it is not possible expand to another story. The addition would meet all City setback requirements. Resolution No. PZ2020-22 Page 2 of 3 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The size of the building is necessary to accommodate the needs of the largely senior population that is visiting the facility. The request does not merely constitute a pecuniary hardship or inconvenience. The additional space in the dining room will also meet the need for additional spacing during the COVID-19 public health emergency. 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The social hall portion of the building is a permitted use. The dining area and kitchen are classified as a restaurant, which is a conditional use in the TSH District. The Planning & Zoning Commission previously granted a Conditional Use Permit (PZ15-04) for the restaurant. The Kenaitze Indian Tribe are in compliance with the conditions of the Conditional Use Permit. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. When the initial building was constructed, the Kenaitze Indian Tribe worked with a team of dedicated architects to determine the minimum size for the building that will accommodate all the various services, the Kenaitze Indian Tribe wanted to offer to their elders, including, a kitchen, dining area, library, and conference/craft area. 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. The granting of this variance permit is not based upon other non-conforming land uses or structures within the same land use or zoning district. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That a Variance Permit is granted to the Kenaitze Indian Tribe relaxing the maximum square footage per story within the Townsite Historict District of 5,000 square feet as set forth in Kenai Municipal Code 14.24.020-Development Requirements Table, for the development of an additional approximately 1,619 square feet for the building to become approximately 8, 119 square feet. Section 2. That the variance permit is subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the addition to the Elder Center, the owner shall be require to obtain a Building Permit. 3. Prior to issuance of a Buildin g Permit for the pro posed additions to the T yotkas Elder Center. a Landscape/Site plan must be reviewed and approved by the City Planner. Resolution No. PZ2020-22 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 12th day of August, 2020. ~IRPERSON ATTEST: STAFF REPORT TO: Planning and Zoning Commission FROM: Elizabeth Appleby, City Planner DATE: August 7, 2020 SUBJECT: PZ2020-22 – Variance Permit – Commercial building over 5,000 square feet per story Applicant: Kenaitze Indian Tribe. P.O Box 988 Kenai, Alaska 99611 Legal Description: Lot 16B, Townsite of Kenai 2016 Addition Property Address: 1000 Mission Avenue KPB Parcel No: 04707134 Lot Size: 0.73 acres (approximately 31,799 square feet) Existing Zoning: Townsite Historic District (TSH) Current Land Use: Tyotkas Elder Center Land Use Plan: Mixed Use GENERAL INFORMATION The Kenaitze Indian Tribe would like to expand the existing restaurant and kitchen located in the Tyotkas Elder Center. The building is located within the Townsite Historic District. (TSH Zone). The proposed addition would exceed the total square footage per story allowed in the TSH Zone by Kenai Municipal Code 14.20.10 (c) (4), as follows: Commercial buildings are limited to a total area of no more than five thousand (5,000) square feet per story. Any individual unit within the structure may be of no more than two thousand five hundred (2,500) square feet, except that the Commission may allow a larger individual unit if it is determined to be compatible with the zone. Page 2 of 3 In 2017 the Kenaitze Indian Tribe demolished the existing Tyotkas Elder Center because it was deemed structurally unsound and unsafe to occupy. A building permit was issued to the Kenaitze Indian Tribe to construct an approximately 6,500 square foot mixed use commercial building. The building is currently used as social hall (approximately 4,900 square feet) with an approximately 1,600 square foot kitchen, food preparation area and restaurant. A Variance Permit was granted by the Planning and Zoning Commission to construct an approximately 6,500 square foot building which exceeded the 5,000 square foot per story allowance. The addition to the Tyotkas Elder Center will increase the square footage of the building by approximately 1,619 square foot. The dining area will be increased by approximately 1,045 square feet, the kitchen area by approximately 404 square feet, and the salad preparation area by approximately 170 square feet. The purpose of this addition is to allow additional space in the dining area to accommodate the social distancing mandates of COVID-19. A Variance Permit must be granted by the Planning and Zoning Commission before this proposed addition may be constructed. Application, Public Notice, Public Comment City staff received a complete application for a Variance Permit. Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing were mailed to property owners within a three hundred-foot (300’) periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion. The applicant submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the maximum lot coverage variance request. ANALYSIS KMC 14.20.180 details the intent, application, and review criteria for a variance permit. The Commission shall establish a finding that all of the following conditions 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 zoning district. This property has been used as an Elder Center for many years by the Kenaitze Indian Tribe. It is not feasible to construct a two-story building because it would not functionally service the needs of the tribal elders. The desired addition is to the dining hall and it is not possible expand to another story. The addition would meet all City setback requirements. 2. The special conditions or circumstances have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute a pecuniary hardship or inconvenience. The size of the building is necessary to accommodate the needs of the largely senior population that is visiting the facility. The request does not merely constitute a pecuniary hardship or inconvenience. The additional space in the dining room will also meet the need for additional spacing during the COVID-19 public health emergency. Page 3 of 3 3. The granting of the variance shall not authorize a use that is not a permitted principal use in the zoning district in which the property is located. The social hall portion of the building is a permitted use. The dining area and kitchen are classified as a restaurant, which is a conditional use in the TSH District. The Planning & Zoning Commission previously granted a Conditional Use Permit (PZ15-04) for the restaurant. The Kenaitze Indian Tribe are in compliance with the conditions of the Conditional Use Permit. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure. When the initial building was constructed, the Kenaitze Indian Tribe worked with a team of dedicated architects to determine the minimum size for the building that will accommodate all the various services, the Kenaitze Indian Tribe wanted to offer to their elders, including, a kitchen, dining area, library, and conference/craft area. 5. The granting of a variance shall not be based upon other non-conforming land uses or structures within the same land use or zoning district. The requested variance is not based on other non-conforming land uses or structures in the same zoning district. City staff finds the applicant meets the criteria for issuance of a variance permit in accordance with KMC 14.20.180, Variance permits, and recommends that the Planning and Zoning Commission approve the variance permit application, subject to the following conditions: 1. Further development of the property shall conform to all federal, State of Alaska, and local regulations. 2. Prior to commencement of construction of the addition to the Elder Center, the owner shall be require to obtain a Building Permit. 3. Prior to issuance of a Building Permit for the proposed additions to the Tyotkas Elder Center, a Landscape/Site plan must be reviewed and approved by the City Planner. ATTACHMENTS A. Resolution No. PZ2020-22 B. Application C. Aerial Map D. Site Plan E. Photos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enaitze Indian Tribe PO Box 988 Kenai AK 99611 907-335-7200 dnelson@kenaitze.org Dawn Nelson PO box 988 Kenai AK 99611 907-335-7200 dnelson@kenaitze.org 04707134 1000 Mission Avenue, Kenai, AK 99611 T 5N R 11W Sec 6 Seward Meridian KN 2017043 Townsite of Kenai 2016 Addn L16B Townsite Historic .73 Elders Center Dena'ina Wellness Center Corner of Upland St. & Mission Ave Upland St. Mission Ave. The Tribe plans to construct building additions totaling 1,543 square feet and a patio totaling 626 square feet. Once completed the total square feet of the building will be 8,065 with a 626 square feet patio. The City of Kenai Zoning Code for the Townsite Historic (TSH) District limits the size of a commercial building to no more than 5,000 square feet per story, except that larger buildings may be allowed if they are compatible with the zone. Therefore, the owner is applying for this variance permit. Explain the special conditions or circumstances present which are peculiar to the land or structure involved which are not applicable to other land or structures in the same land use or zoning district: The Kenaitze Indian Tribe has operated an Elders Center for many years at this site. In 2015 the Tribe applied for and received a variance to construct a new 6,522 square feet building. This application, if approved , will allow two new building additions that will expand the footprint of the existing building by 1,543 square feet and a patio totaling 626 square feet to allow for expanded services/space now required due to the COVID-19 pandemic. Explain the special conditions or circumstances present that have not been caused by actions of the applicant and such conditions and circumstances do not merely constitute pecuniary (monetary) hardship or inconvenience: The Kenaltze Indian Tribe hired a professional architectural firm to identify ways we could address issues with the lack of social distancing and Issues with the kitchen space, limiting our ability to provide meal deliveries and din ing services. The firm identified two locations that would Increase kitchen space for food preparations by 440 square feet and expand the dining area with an addition totaling 1 ,103 square feet and a patiO totaling 626 square feet. The dining expansion will add both indoor and outdoor space to provide adequate physical distancing when the Tribe returns to In-facility dining services. The meal delivery service provides the at-risk population we serve with a nutritional meal and is intended to continue to support the population that cannot attend the gatherings once the building reopens . Explain how this variance will not authorize a use that is not a permitted principal use in the zoning district in which the property is located: The Kenaitze Indian Tribe is not changing the use of the building and has previously received a conditional use permit, which was required for restaurant-type establishments within this district. Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or structure: If the variance is not granted, the Tribe will not be able to meet the demands to provide hand-delivered meal services and will not be able to continue to operate the facility as intended due to the COVID-19 pandemic once it continues in-facility services. Explain how the granting of a variance shall not be based upon other noncoforming land uses or structures within the same land use or zoning district: The Kenaitze Indian Tribe is not seeking the square footage variance based on the nonconforming uses of other structures in this district. The proposed additions are based on a direct need to address issues with social distancing and services due to the COVID-19 pandemic for our Elders and Vulnerable adults participating in our services . AUTHORITY TO APPLY FOR A VARIANCE: I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I petition for a variance 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 variance. 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 abn -referenced pro~erty :or the purp ~f processing this application. Signature: fl_/n_u1c..,,Aff i1 ~ / I Date: I 7 :!>'a ·.;>o :J.c Print Name: Dawn Nelson -I I Title/Business: I Executive Director, Kenaitze Indian Tribe For City Use Only I Date Application Fee Received : PZ Resolution Number: ',1,1*$'',7,21.,7&+(1$'',7,213$7,283/$1'67&22.$9( 6LWH17<27.$6.,7&+(1$1'',1,1*$'',7,216.(1$,$/$6.$ )')')')')'*),*),*),*),*),*),)'6).,7&+(1$'',7,216)',1,1*$'',7,216)&20081,7<63$&(6)',1,1*6)&21)(5(1&(&5$)766):20(1 66)0(1 66)23(12)),&(6)2)),&(6)0(&+(/(&6)6$/$'%$535(36)9(67,%8/(6)/$81'5<6)',6+:$6+,1*6)67$))556)-$1,7256).,7&+(135(36)3$175<6)1(:3$175< 3$7,27<27.$6.,7&+(1$1'',1,1*$'',7,216.(1$,$/$6.$ )/2253/$1 35(6(17$7,21*5266$'',7,21648$5()227$*(6.,7&+(1$'',7,21*6)',1,1*$'',7,21*6)3$7,2*6) $%()&'$$*&DEDE$%()&'$$*&3+(12/,&/$0,1$7(3$1(/&2/25&2/250$7&+)$67(1(56%2'),%(5(6,139&6,',1*(;32685(3+(12/,&/$0,1$7(3$1(/(;7(5,25),1,6+/(*(1'7<27.$6.,7&+(1$1'',1,1*$'',7,216.(1$,$/$6.$ (DVW 1RUWK 6RXWK :HVW 7<27.$6.,7&+(1$1'',1,1*$'',7,216.(1$,$/$6.$6287+($673(563(&7,9(6287+($673(563(&7,9(1257+($673(563(&7,9(6287+($673(563(&7,9(',1,1*$'',7,21',1,1*$'',7,21',1,1*$'',7,213$7,2',1,1*$'',7,21 7<27.$6.,7&+(1$1'',1,1*$'',7,216.(1$,$/$6.$.,7&+(1$'',7,213(563(&7,9(.,7&+(1$'',7,213(563(&7,9(.,7&+(1$'',7,21.,7&+(1$'',7,21 Parcels 04707134 1000 Mission Avenue Lot 16B, Townsite of Kenai 2016 Addition UPLAND STM I S S I O N A V E COOK AVEOV E R L A N D W A Y .Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial MapTyotkas Elder Center Date: August 2020 LEGEND Parcels Affected by Resolution 0 4020 Feet