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Home My WebLink AboutResolution No. PZ2020-26_____________________________________________________________________________________ CITY OF KENAI PLANNING AND ZONING ADMINISTRATION RESOLUTION NO. 2020-26 A RESOLUTION OF THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI APPROVING THE APPLICATION FOR AN ENCROACHMENT PERMIT APPLICANT: Diane Fikes PROPERTY ADDRESS: 307 Linwood Lane LEGAL DESCRIPTION: Lot 1, Stenga Subdivision No. 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04513032 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185 was submitted to the City; and, WHEREAS, the applicant has demonstrated with their application and as-built survey that the prerequisites of a Encroachment Permit have been met pursuant to Kenai Municipal Code 14.20.185 (c) and, WHEREAS, the City of Kenai Planning 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 STAFF FINDING: 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 February 12, 2011, discloses that the attached garage is four feet from the side property line and a setback of five feet from the side property line is required of a one-story structure in the Suburban Residential Zone by Kenai Municipal Code 14.24.020 General Requirements. •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 FINDING: The encroachment does not encroach upon a federal, State or City right-of-way or upon a utility easement. The right-of-way for Linwood Lane runs along the eastern edge of the parcel. The encroachment is from the garage encroaching into the side setback along the north edge of the parcel, which does not have an easement or utility easement. Resolution No. PZ2020-20 Page 2 of 2 • 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 FINDING: 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 FINDING: 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 criteria 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; STAFF FINDING: The as-built survey dated February 12, 2011, discloses that the attached garage is four feet from the side property line and a setback of five feet from the side property line is required of a one-story structure in the Suburban Residential Zone by Kenai Municipal Code 14.24.020 General Requirements. • Kenai Municipal Code 14.20.185(h)(2) - The Administrative Official finds that the review criteria in subsection (d) are met. STAFF FINDING: The review criteria were met as evaluated above. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING ADMINISTRATION OF THE CITY OF KENAI: Section 1. That the request for an encroachment permit for the garage to be located four feet from side yard lot line instead of the required five feet is approved, subject to the following condition: 1. Applicant must comply with all Federal, State and local regulations. Reviewed and approved this 27th of August, 2020. ________________________________________ Elizabeth Appleby, City Planner STAFF REPORT TO: File FROM: Elizabeth Appleby, City Planner DATE: August 27, 2020 SUBJECT: PZ2020-26 – Encroachment Permit – Side Yard Setback Applicant: Diane Fikes 307 Linwood Lane Kenai, AK 99611 Legal Description: Lot 1, Stenga Subdivision No. 2 Property Address: 307 Linwood Lane KPB Parcel No: 04513032 Lot Size: 0.3 acres (approximately 13,068 square feet) Existing Zoning: Suburban Residential (RS) Current Land Use: Single Family Dwelling Land Use Plan: Suburban Residential GENERAL INFORMATION City building permit records indicate that a residence was constructed in 1968. At that time, a garage was not constructed. In 1974, a building permit was issued for the construction of an attached garage. The garage was constructed prior to the adoption of the building setback requirements within the City of Kenai. In July of 2020, the property owner obtained a building permit to remove the existing deck and install a new deck. During the review process for the building permit for the deck, it was noted that the side yard set-back between the garage and the property line was four feet (4’), and did not meet the five foot (5’) building setback requirement for a one story structure in the Suburban Residential zone. When the property owner became aware of the encroachment, she submitted an application for an encroachment permit. Page 2 of 3 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. 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 February 12, 2011, discloses that the attached garage is four feet from the side property line and a setback of five feet from the side property line is required of a one-story structure in the Suburban Residential Zone by Kenai Municipal Code 14.24.020 General Requirements.  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 encroachment does not encroach upon a federal, State or City right-of-way or upon a utility easement. The right-of-way for Linwood Lane runs along the eastern edge of the parcel. The encroachment is from the garage encroaching into the side setback along the north edge of the parcel, which does not have an easement or utility easement.  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 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:  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; Page 3 of 3 STAFF FINDINGS: The as-built survey dated February 12, 2011, discloses that the attached garage is four feet from the side property line and a setback of five feet from the side property line is required of a one-story structure in the Suburban Residential Zone by Kenai Municipal Code 14.24.020 General Requirements.  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. 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), subject to the following condition: (1) Applicant must comply with all Federal, State and local regulations. ATTACHMENTS A. Resolution No. PZ2020-26 B. Application C. Site Plan D. Aerial Map Mailing Address: City: Phone Number(s): Email: Name: Mailing Address: City: P hysical Address: Legal Description: Z oning: A cres: Encroachment Permit Application How is this property currently being used? Use of surrounding property -north: Use of surrounding property -south: Use of surrounding property -east: Us e of surrounding property -west: E ncroachment Requested for (attach additional sheets if necessary):·"'· C ity of Kenai Planning and Zon ing Department 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 planning@ke nai.city www.kenai .city/planning Cf Cf 6> f I Zip Code: Zip Code: ctaratje 1S $1' 6ac/l .FroM froper y ~/l1e C8q51lli I fb o f en c ro a c J., fV'.,-6'1"\, ..\- an Explain how the encroachment falls into the following defintion in City Code -"Encroachment" means 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 encroachment does not encroach upon a Federal, State, or City right-of-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: 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: ·7 . 30 -zozo Print Name: For City Use Only PZ Resolution Number: AS-BUil T CERTIFICATION . ~~ I HEREBY CERTIFY THAT I HAVE SURVEYED THE LOCATION OF THE IMPROVEMENTS ON ..r(_ oF ".4(..f LOT-1 OF STENGA SUBDIVISION N0.2 (PLAT 1884) KENAI RECORDING DISTRICT, CITY OF KENAI AK. {~\··· .. ·1~··~ .. ~+ 1. IMPROVEMENTS ARE WITHIN THE PROPERTY LINES AS SHOWN HEREON. · !~·"'f,1, 1 ·~~ ··.;91« 2. NO..-ROVEllENTSONTHEADJOININGPROPERYTYENCROACHONLOT-1. I!• "-•• ::·:/ .. ~~ 3. NO .ROADWAYi, TRANSmatON LINES, OR OTHER VISIBLE EVIDENCE OF EASEMENTS I ~~~ CROSS LOT ..:t. \ \ \ ,..., r. ea ... _ ·<f.J 4. OTHER CONDITIONS OR RESTRICTIONS MAY AFFECT THIS LOT NOT SHOWN ON THI.I SURVEY. 1\~.,:;· .... ~~=·~;;/'I I. BUILDING SETBACK TO CONFORM WITH CITY OF KENAI ZONING. a,~ ~I-BUILT SURVEY FEBRUARY 12 ,2011 BY: TERRY T. EASTHAM RL8 7829 Phi 282 1111 ~ I I P.O. BOX 21111, llOLDOllllA, AK .... I " ---...-------------~P~R~O~P;..i..~R~T_Y~:-"":::""""--""'Tt'---L::..-.l•N~E._ ____________ --, 133. 6 4' I >-... a: lLI ll. 0 0: ll. it> 0 -24' ---- I\) ,D I GARAGE N 0 driveway --- !I baurn&nt :r: window L t2° g "' 0 l r--~ llJ"' \ ~ ''"-~ ~ \ \ ~ L--~2~e-·---:~--.· . j -L-~-~--- 4 9. L 0 T 1:. I 3 I 2 2 9 s. f. _, I 3 3 . 5 8 P R 0 ·p E R T Y L I N E 1 ~ LL.I z . ..J ..., 0 O'I O'I >-... a: II.I a.. 0 a: ll. / .......... \ > c g, c 0 0 ~ z .J ·. t SCALE I .... 20' /-__ ,, ___ _. ... ---------------------------------------------.....m' l\N ISS'I r·s +'~11GA s unn1v1s r o N ·No:;-~' WITH IN u.S.J3.L.M . .LOT1lca, IN NW 11-4SW 114 SEC. 34,TG,N."R.JIW. S.M. J ·;J!NAt, ALAS~A. @ l:NDICAT.ES 0 •• a · R. As' s-' ·c·~···ps-p ED 4"/ 8 ., X '2.' R. E·B A ,.,. MOAUM·eNT. SET . ....... Parcel 04513032 307 Linwood Lane Lot 1, Stenga Subdivision No. 2 LINWOOD LN.Data Source: Kenai Peninsula Borough. Data is for graphic representation only. Imagery may not match true parcel boundaries. Aerial Map: Resolution PZ2020-26 Date: August 2020 LEGEND Parcels Affected by Resolution 0 4020 Feet