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Home My WebLink AboutResolution No. PZ2022-27KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2022-27 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING THE APPLICATION FOR AN ENCROACHMENT PERMIT. APPLICANT: Michael Campanella PROPERTY ADDRESS: 910 Salmon Run Drive LEGAL DESCRIPTION: Lot 7. Block 2 Kenai Peninsula Estates Subdivision Part 2 KENAI PENINSULA BOROUGH PARCEL NUMBER: 04942038 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on December 12, 2022; and, WHEREAS, the applicant has demonstrated that the prerequisites of an Encroachment Permit have been met pursuant to Kenai Municipal Code 14.20.185(b); and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on December 21, 2022, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications. WHEREAS, the Planning and Zoning Commission finds the criteria are met as set forth in KMC 14.20.185(d): 1. An encroachment as defined in subsection (a) exists. KMC 14.20.185(a) "Encroachment" means any object orstructure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. Findings: The addition meets the definition of an encroachment as it would be constructed or located approximately 12 feet from the property line, where a 15-foot side yard setback is required for the Residential Rural (RR) zone. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. Findings: The plat and site plan do not show any utility easements on the property. Salmon Run Drive is the only abutting right-of-way. Therefore, the addition does not encroach upon a Federal, State or City right-of-way or upon a utility easement. Resolution No. PZ2022-27 Page 2 of 2 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. Findings: The addition is an improvement to the existing single-family dwelling. A single- family dwelling is a principally permitted use in the Rural Residential (RR) zone. The encroachment is for a structure with a use that is permitted in the zoning district. 4. The encroachment is not located across a platted lot line. Findings: The addition is within the property lines. The encroachment will not cross a platted lot line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That the request for an encroachment permit for the addition to encroach into the 15- foot side yard setback by three feet (3'). Section 2. That the encroachment permit is subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain for a building permit issued by the Building Official. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 281h day of December, 2022. JEFF TVVAIT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk STAFF REPORT �• PLANNING & ZONING DEPARTMENT KENAI TO: Planning and Zoning Commission THROUGH: Linda Mitchell, Planning Director FROM: Karrie Barone, Assistant Planner DATE: December 22, 2022 SUBJECT: Resolution PZ2022-27 - Encroachment Permit for an Addition to Encroach into the Side Yard Setback Request The applicant requests a three-foot (3') encroachment into the 15-foot side yard setback for a two-story addition to an existing single-family dwelling. Staff Adopt Resolution PZ2022-27 approving an Encroachment Permit to Recommendation allow an addition to encroach into the 15-foot side yard setback by three feet (S). Applicant Michael Campanella Legal Description Lot 7, Block 2 Kenai Peninsula Estates Subdivision Part 2 Property Address 910 Salmon Run Drive KPB Parcel No. 04942038 Lot Size 1 Acre (43,560 square feet) Zoning Rural Residential (RR) Current Land Use Single Family Dwelling Land Use Plan Low Density Residential SUMMARY A single-family dwelling with a detached garage was constructed in 2006 on the subject property. The applicant submitted a building permit for a 960 square foot two-story addition for a master bedroom and full basement and it was rejected by the Building Official because of the encroachment. Pursuant to Table 14.24.020 Development Requirement Table in the Kenai Municipal Code (KMC), the Rural Residential (RR) zone requires a fifteen -foot (15') side yard setback. The site plan shows the addition would be located approximately 12 feet from the adjacent property line. Therefore, the addition encroaches approximately three feet (T) into the side yard setback along the north property line. The applicant was provided the following options to address the addition encroaching into the 15-foot side yard setback. 1. Relocate the addition out of the required setback. 2. Reduce the addition to not encroach into the required setback. 3. Obtain approval of an encroachment permit for a setback reduction. The applicant has decided to apply for an encroachment permit to request for a three-foot (T) encroachment into the 15-foot side yard setback for the addition. ANALYSIS Pursuant to KMC 14.20.185(b), the intent of an encroachment permit is to provide relief to the Development Requirements Table to remedy encroachments which do not fall under KMC 14.20.050 Nonconforming Lots, Structures, and Uses and which satisfy the requirements of financial institutions. Prior to granting an encroachment permit, the Commission shall find that all of the conditions have been met as set forth in KMC 14.20.185(d) [Encroachment Permit] Review Criteria. Criteria 1: An encroachment as defined in subsection (a) exists. KMC 14.20.185(a) "Encroachment' means any object or structure constructed or located in a manner other than set forth in the Development Requirements Table. Findings: The addition meets the definition of an encroachment as it would be constructed or located approximately 12 feet from the property line, where a 15-foot side yard setback is required for the Residential Rural (RR) zone. Criteria 2: The encroachment does not encroach upon a Federal, State or City right-of- way or utility -easement. Findings: The plat and site plan do not show any utility easements on the property. Salmon Run Drive is the only abutting right-of-way. Therefore, the addition does not encroach upon a Federal, State or City right-of-way or upon a utility easement. Criteria 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. Findings. The addition is an improvement to the existing single-family dwelling. A single- family dwelling is a principally permitted use in the Rural Residential (RR) zone. The encroachment is for a structure with a use that is permitted in the zoning district. Criteria 4: An encroachment is not located across a platted lot line. Findings: The addition is within the property lines. The encroachment will not cross a platted lot line. Page 2 of 3 IIl:14 Da. Eel" z Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the encroachment 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 on December 21, 2022. The property owner submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the encroachment permit request. No public comments have been received STAFF RECOMMENDATION Staff finds that the applicant meets the criteria for issuance of an Encroachment Permit as set forth in KMC 14.20.185(d), and hereby recommends that the Planning and Zoning Commission approve the encroachment permit, subject to the following conditions: 1. Applicant must comply with all federal, State of Alaska, and local regulations. 2. Applicant must obtain a building permit issued by the Building Official. ATTACHMENTS Aerial Map Application Page 3 of 3 tm i ..` ve g � Salmon Run D , i L, � ✓`. " / , . 1�t r� SET i 2, (♦ „�Al Encroachment Permit Application - City of Kenai Planning and Zoning Department I 210 Fidalgo Avenue Kenai, AK 99611 (907) 283-8200 I planning@kenai.city www. kenai.citylplanning Name: Michael campanella J Mailing Address: 910 Salmon run Drive City: Kenai State: I AK -Zip Code: 99611 Phone Number(s): (907)953-9697 Email: campanella.m.t@gmail.com Name: Mailing Address: City: State: JZip Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): 104942038 Physical Address: 910 Salmon run Drive Kenai, AK. 99611 Legal Description: T 5N R 11W Sec 17 Seward Meridian KN 0780137 Kenai Peninsula Estates Sub Part 2 Lot & BLK 2 Zoning: Residential Acres: 1 How is this property currently being used? single family residential Use of surrounding property - north: single family residential Use of surrounding property - south: single family residential Use of surrounding property - east: vacamt residential Use of surrounding property - west: vacant residential Encroachment Requested for (attach additional sheets if necessary): A two story 20'x24' 21' tall, full basement/ upper Master bedroom addition on west end of the property encroaching 3' into the 15' setback on the west end of the property. 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 proposed building /addition will be encroaching into the 15' setback because it's the only practical location for the the addition as mentioned in the Variance application. This meets the encroachment criteria set forth by the development requirements table. It is a permanent building both above and below the ground and by definition is encroaching on the 15' setback to the west property line by exactly 3 feet. The encroachment does not encroach upon a Federal, State, or City right-of-way or utility easement. YES The issuance of the encroachment permit will not authorize a use which is not a YES principal permitted use in the zoning district in which the property is located. The encroachment is not located across a platted lot line. YES 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 authoriz td access the above -referenced property for the purpose of processing this application. / Signature: ,/ Date: 12/14/2022 Print Name: Michael Campanella Title/Business: home owner Date Application Fee Received: . - O For City Use Only PZ Resolution Number: pz20Lz 2.7f- MORTGAGE LOCATION SURVEY WAS �O ABED FOR ERIC W. KELM. AND IT ED ONLY BE USED FOR A SINGLE ERTY TRANSACTION. RE -USE OF DRAWING 13Y THE ORIGINAL CLIENT N CONSENT -OF SURVEYOR IS A VIOLA7101 OF FEDERAL COPYRIGHT LAY. UNLESS GROSS NEGLIGENCE IS DISCOVERED, TH LIABILITY DMT OF THE PREPARER SHALL BE LIMITED TO THE AMOUNT OF FEES COLLECTED FOR SERVICES IN PREPARATION OF THIS PRODUCT. WAr A VAI If% CAPY 1MTWd IT a GFAI LOT 13 LOT 8 � i I i j Datc; Se� I I