HomeMy WebLinkAboutResolution No. PZ2016-09APPROVAL OF RESOLUTION PZ16-09 BY
PLANNING AND ZONING COMMISSION
REVERSED BY BOARD OF ADJUSTMENTS DECISION
JUNE 15, 2016
CASE NO. BA-16-01
"Vt11aJe with a Pas~ City with a Future"
210 Fidalgo Avenue, Kenai, Alaska 99611-7794
Telephone: 907-283-7535 /Fax: 907-283-3014
www.kenai.city
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ16·09
VARIANCE PERMIT
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI GRANTING A VARIANCE FOR THE CONSTRUCTION OF A FOUR UNIT
FAMILY DWELLING ON A LOT WITHIN THE RURAL RESIDENTIAL ZONE, WHICH IS
APPROXIMATELY 18,295 SQUARE FEET IN SIZE WHERE 20,000 SQUARE FEET IS
REQUIRED AS A MINIMUM LOT AREA. THIS VARIANCE IS AUTHORIZED BY
14.20.180 OF THE KENAI MUNICIPAL ZONING CODE:
APPLICANT'S NAME AND ADDRESS: KEVIN AND JESSICA STEARNS, 108 S.
TINKER LANE, NO. 4, KENAI, ALASKA 99611
PROPERTY LOCATION: 240 FERN STREET, KENAI, ALASKA, 99611, LOT 4, BLOCK
2, THOMPSON PARK SUBDIVISION, ADDITION NO. 1
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from
the strict provisions of the zoning code may be granted by the Commission if all
conditions specified in 14.20.180 are met; and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 (b) has been
submitted and received on February 24, 2016;
2. This request is located on land zoned as light Industrial
3. Borough Parcel No: 04913046
4. That the applicant seeks a variance for the construction of a four unit family
dwelling on a lot within the Rural Residential Zone, which is approximately 18,295
square feet in size where 20,000 square feet is required as a minimum lot area.
5. The Planning & Zoning Commission has found that the conditions which are a
prerequi§.ite to issuance of a variance have been met, as follows:
a. 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.
The area referred to as Thompson Park was initially developed by J. W.
Thompson in the early 1960's prior to zoning regulations being enacted.
That portion of Thompson Park described as Thompson Park Addition No.
1 consists of 35 lots with twelve of those lots being classified as legal non-
conforming lots because they fail to meet the lot area requirement of
20, 000 square feet in the Rural Residential Zone. Thompson Park is a
well-established neighborhood with a mixture of older homes, newly
constructed homes, arid mu/ti-family dwellings.
b. 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 lots within Thompson Park Addition No. 1 were developed in 1965
prior to the current zoning requirements; therefore, twelve of the thirty-five
lots within this subdivision are considered legal non-conforming lots. All of
the Jots fronting on Fem Street with the exception of the two lots at the end
of Fern Street (across from Lupine Drive) are non-conforming lots.
c. 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.
A four-family dwelling is a permitted use in the Rural Residential
Zone. There are other multi-family dwellings in the neighborhood.
d. The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
The minimum lot area for development in the Rural Residential
Zone is 20, 000 square feet. The applicant's lot is 18, 295 square
feet, which is 1, 705 less that the minimum Jot area requirement.
e. 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 applicant understands that the decision of the Commission
shall not be based on other non-conforming lots in the Rural
Residential Zone; The applicant has provided a site plan that
shows the structure will fit on the Jot and meet the necessary
building setbacks. The site plan further discloses that that
the gross living area for the structure is 3, 360 square feet and the
square footage of the garage area is 1,232 for a total square
footage of 4, 562 square feet for the building. The square
footage of the building is under the maximum lot coverage of
5, 489 square feet. The site plan also reflects that applicant
meets the parking requirements for a four unit multi-family
dwelling.
6. That a duly advertised public hearing as required by KMC 14.20.153 was
conducted by the Commission on March 23, 2016.
7. Applicant must comply with all Federal. State, and local regulations.
8. Prior to obtaining a building permit, applicant must submit a Landscape Site plan
for review and approval by Planning Administration.
9. Applicant must obtain a building permit prior to beginning construction of the multi-
family dwelling.
t, Chairperson