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HomeMy WebLinkAboutRESOLUTION 1976-65rte. ~_.__ _.__. _ ,_..__.. ~ ~.~ __ ~ -~-~_ --~-- __. T ~,s~ - °~__-r Tt ~ -~ ~.. -~ _-_~"_7~_` CITY OF KENAI RESOLUTION NO. 78-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI SITTING A3 A BOARD OF ADJUSTMENT FOR THE CITY OF KENAI IN THE MATTER OF THE APPEAL OF THE KENAI BAPTIST TEMPLE FOR CONDITIONAL USE PERMIT REQUIRED RELATIVE TO THE OPERATION OF A CHURCH AND SCHOOL IIJ A GENERAL COMMERCIAL ZONE . WHEREAS, the Kenai Baptist Temple has appealed the decision of the Kenai Advisory Planning and Zoning Commission and the Kenai Peninsula Borough Planning Commssion denying their request for a Conditional Use Permit relative to the operation of a church and a school in a General Commercial Zone, and WHEREAS, as required by Borough Code, Public Hearing is being held within thirty days of filing of such appeals, and WHEREAS, the appellant has filed: (1) A legal description of the property described; (2) Proposed use of the property, ;and WHEREAS, as provided by Borough Code, the issues of fact to be determined are: (1) Whether the uses are similar to the principal uses in the zone; (2) Whether the uses are in harmony with the intent of the zone. NOW, THEREFORE, BE IT RESOLVED that the City Council sitting as a Board of Adjustment for the City of Kenai finds as a matter of fact that: Sometime prior to June 9, 1976, the Kenai Baptist Tsfieple purchased the old NC Autu uuiiding with intent to use it as a church and school. 2. On June 9, 1976, Mr. Larrabee of Kenai Baptist Temple was informed by the Kenai Advisory Planning and Zoning Commission that churches and schools are not permitted uses in General Commercial Zones. There may, however, be conditional uses under KPC 21.76.140 of Ordinance No. 74-70, and if he intended to operate this church and school he would need to apply for a Conditional Use Permit. 3. On August 13, 1978, Kenai Baptist Temple applied for a Conditional Use Permit to operate a church and school at the location . 4. A public hearing was scheduled and held on September 8, 1976. From testimony at the public hearing and at the meeting of September 9, 1976, the Kenai Planning and Zoning Commission has made the following findings in regard to the operation of the church and school. ~a RESOLUTION NO. ?6-65, Page Two . j ~. - - ms~mw a. Applicant intends to operate a school for grades kindergarten through twelve. Enrollment is to be approximately forty students, with a possible increase in enrollment to eighty students within the next several years. School is to be con- ducted five days per week during normal school hours. Students will provide their own transportation. There will be lunch breaks and recesses. However, no food will be provided by the school. Applicant stated that ft would provide fencing of the school yard, if necessary, for the safety of the students. b. Church services will be held Wednesday evenings and Sunday mornings and evenings. The size of the congregation is 40 to 65 persons. c. Applicant feels that there is adequate pA*~.:,~g for all operations at this Location . 5. From testimony at the public hearing on September 8, 1976, and information received at the meeting of September 9, 1976, the Kenai Planning and Zoning Cca~ynission made the following findings in regard to the effect of the operation of the church and school on surrounding property owners. a. It was found that adjoining property owners could be hampered in their plans for development in the area, some of which had already begun. The said property owners were operating well within the intent of the zone. b. It was found that according to State Statutes, a bar cannot be located within 200 feet of a church or school ground. This could hamper the operations of surrounding property owners in the future. 6. The criteria upon which this decision is based is as set out in KPC 21.76.140 which states the following: e. Is the intended use similar to principal uses permitted in the zone? b. Is the intended use within the intent of the zone? 7. A church is not a use similar to the principal uses permitted in the General Commercial Zone. 8. A school is not a use similar to the principal uses permitted in the General Commercial Zone. 9. A church is not a use which is in harmony with the intent of a General Commercial Zone. ~._ - _ _ _ ISM y Y \r RESOLUTION N0. 76-65. Page Three r'~ -~ r..- r -~ - ~ -r . ~ ,f- - ~--qty, _. _ 10. A school is not a use which is in harmony with the intent of a General Commercial Zone. BE IT FURTHER RESOLVED BY THE COUNCIL. OF THE CITY OF KENAI, sitting as the Board of Adjustment that the decision of the Kenai Advisory Planning and Zoning Commission is hereby affirmed and the application for Conditional Use Permit of the Kenai Baptist Temple is hereby denied. PASSED by the Council of the City of Kenai, sitting as tl~e Board of Adjustment, this 20th day of October, 1976. ATTEST: Sue .Peter, City Clerk