The URL can be used to link to this page

Home My WebLink AboutRESOLUTION 1991-75SUBSTITUTE Suggested Planning and Zoning Commission GX~Y OF XBIGZ REBOLUTXON NO, 9Z-75 A RESOLUTION OF THE CITY OF KENAI, ALASKA APPROVING A VARIATION AND EXCEPTION PURSUANT TO KMC 14.10.090 FOR RIEDEL SUBDIVISION. WHEREAS, KMC 14.10.090 allows for Variations and Exceptions when the strict application of the requirements contained in these regulations would result in real difficulties, substantial hardship or injustice; and, WHEREAS, if the proposed Riedel Subdivision was required to meet KMC 14.20.080 ~ttnimum Improvements Reauired it would cause substantial hardship £inanc~ally; and, WHEREAS, the Kenai Planning and Zoning Commission recommends that a variation be granted for KNC 14.20.080 N~nimum Improvements Required and the plat be approved with a covenant on the plat which will require an installation agreement upon further resubdivision of Lot 2. In addition a note should be included on the plat which states that the City of Kenai will not provide any maintenance on the road in the new ROW until the road (K-Street) is properly upgraded, at no cost to the City, to meet City of Kenai Road Construction Specifications. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI That the variation of the Subdivision Regulations for Riedel Subdivision be approved so the subdivider may develop his property in a reasonable manner, with the following stipulations= 1) A covenant is to be on the plat which will require an installation agreement upon further resubdivision of Lot-2. 2) A note is to be placed on the plat which states that the City of Kenai will not provide any maintenance on the road in the new ROW until the road (K-Street) is properly upgraded, at no cost to the City, to meet City of Kenai Road Construction Specifications. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of November, 1991. ~ .-~. . ATTEST. II~IIOUUII DA~B~ ~0~ Hovombez ~S; KonsX CXt~ oounoXX Lozet~& Hazvo~; Administrative ~lann~ng Doi~rtnont RXBDBL 8UBDXVXBXOH ! IOla Z4.Z0.0g0 VIRXATX~B~ BIaB~TZOHS ,, Due to the lack o£ a quorum for their meeting o£ November 14th. The Planning and Zoning Commission held a work session to discuss Agenda items. One item o£ discussion was Resolution PZ 91-46: Riedel Sub~ivision, The oFaer of~ th4s property has asked f~or a Variation o£ the City's .. and Subdivision Regulations under I~C 14, lO, ogo,. V~iat.ions . Exceptions: ~henever the tract to be subdivided is ox SUCh unusuaz size-or shape or is surrounded by such development or _unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties, ............. i or---in ustioe- e.h~ City-~-ouncil.. a£te_r report. substantial hardsh p ~ ' --- -:---'- " - ' ' t-e so ~v the Plannina Co_.m~_~iss£on ~n_v va_~v or m_~__~_v SUCh reauxre~en= _ _ .llha~--~he Su--bdivid~--~nAV &~VeXOD hiS-n~OPn_?~v tn~aLreas_onab'le manna~ : , ~/~--(e-~asi~-~-d~d) ~(pleaSe se~-'attao-hed, in£o~mation), ~aok La Shot, City Engineer suggested to the Planning and Zoning CoJmission that a variation be reconnended.~o stipulation that if Lot 2 was subdiv!de~£ur~ner !n ~ne Eu~ur · installation agreement would be required by the City. The CommisoionerOs present had no ob~ection, to..~his vari~tion?..A telephone poll on NGve~r 14~verified ~a~orz~Y~oon~e~ pla~. However, the Co~ission will be 'zn a speozaL nee~znq Howler 20th, ~here ~e decision and reco~endation to Co~cil will be ratified. .. Would ~e Council w~sh ~o ~od~fy S~iv~s~on Re~lat~ons ~n th~s ~ns~ance? The Planning Co~ssion~s reco~endat~on ~ill be brought' ~o ~e council ~eetinq upon ratification. ez?~ OF ~ENA~ R~BOLUTZON NO. PZ :,1-4~ A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF I(ENAI RECOMMENDING THAT THE ATTACHED SUBDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: WHEREAS,the attached plat _Riedel . .. . was refe. rred to the City of Kenai Planning and Zoning COmmiSSion -~'"~'"~ ~'~.a~l and received on 1115191 ~ and WHEREAS, 1. 0 0 0 o 6. 7. 8. 9. the City of Kenai Planning & Zoning Commission finds{ Plat area is zoned R~al R~ia~n~al~Rm)and therefore subject to said zon~ conditions, Water & Sewer= ~ ~lS=rlC= sup]et; =o speclal assessments. In~stallatton Agreement or construction of improvements required prior to plat filing. shown Status of surrounding land is~ ,---~-~,,~ Utility easements, if required, are ~ shown Any existing structures must be shown on plat Street names designated on the plat are ~ correct INCLUDE ANY STATEMENTS ON ATTACHED STAFF COMMENT SHEET E ITY OF KENAI PLANNZN~ RND STATED ~OVE OR ON ATTACHED B ...... --"'"'' T~F CO~E~ SHEET. ','' "~'*"~ PASSED BY THE ADVISORY P~NING ~ ZONING C~ISSlON OF THE CITY oF". ,. KENAI, A~S~ this_ ~ ~ ,, day of ~~~~1991. ' ATTEST: Pi~nning S~cre~y HORNADA¥ STRAWBERRY HILLS KN '"l C) SUB. 4 8 November 7, 1991 City of Kenai 210 Ficlalgo Street Kenai, Alaska 99611' Subject: Riedel Subdivision Re: Minimum Improvements · Fa'cepflon Request Ladies and Gentlemen: Please consider this letter a request for exception to the minimum street improvements set forth in KC 14.10.080 (c). Variations and exceptions to strict application of the requirements is allowed under KC 14.10.090. Our reasons for requesting the exception to building a 30 it. wide street are as follows: The subdivision consists of only two lots, one being 3.7 Ac. and the other being 14.7 Ac. in size. The only reason we are subdividing our property is to be able to sell our home. We have been informed that our home does not qualify for conventional mortgage financing because the parcel is to large. Only approximately three acres can be included with the house for buyers to be able to finance the purchase. The property is located near the southeast corner of the city and adjoins the east,dy boundary. It is surrounded by large unsubdivided parcels (39 Ac, parcel to the north, 40 Ac. parcel to the east, and a 33 Ac. parcel to the south). The property to the north and south have considerable frontage on existing city streets (Strawberry Road and 85th Ave.). The property east of ours is not in the city, however it also uses Strawberry Road for access. The property is served by an all weather private road at this time. This drive is can be expected to be adequate for a number of years. Construction of a new 30 ft. wide city street would be expensive and probably require relocation of electrical and telephone lines. e Construction of a city street would require maintenance and associated yearly costs for the City. This really is not necessary to serve one single family residence. STAFF REPORT ~0~ FROH: DA?E: RE: Chairman Sryson and Planning Commissioners Loretta Harvey, Planning Secretary November 8, 1991 PRB~XMZITAR~ PL~T - RXBDB~ BACKGROUND Applicant: Frank Riedel 5450 King Salmon Dr. Kenai, Alaska 99611 Legal Description: Existing Zoning: · Current Land Use: Proposed Land Use: NE 1/4, N~ 1/4. Sec. Rural Residential Residence Subdivision 8, TSN, R10W, SM AK DISCUSSION: Nr. Riedel wishes to subdivide a large parcel, of property to better facilitate the'sale of his home· In order to do this, he must dedicate a right-of-way to Lot 1. Our subdivision regulations (KNC 14.10) require the construction of a City spec street or an installation agreement to construct within two years. Construction of approximately 1150 feet may be cost prohibitive to serve one residence. KNC 14.20.090 Variance and. ExceDtio~ (attached) would appear to allow the city to modify the r~ir~ments-in this SituatiOn and must be done by the City Council. Staff reco~uaends that Planning and Zoning pass with the resolution the stipulation that a covenant be placed 'on the plat to require an installation agreement for street construction upon further resubdivtsion of Lot 2.