HomeMy WebLinkAboutResolution No. PZ2023-0271-11
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-02
A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT.
APPLICANT: Peter Evon
PROPERTY ADDRESSES: 508 Upland Street and 1000 Mission Avenue
LEGAL DESCRIPTIONS: Tract B-1, Block 5 of Townsite of Kenai Kenaitze Courthouse
Replat; Lot 16B of Townsite of Kenai 2016 Addition
KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04707134 and 04707136
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.185(c) was submitted to the City on December 27, 2022; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have
been met pursuant to Kenai Municipal Code 14.20.180(b); and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on February 15, 2023, 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
14.20.180(c):
1. 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 land
use or zoning district.
Findings: The subject properties encompasses a mixed use campus with four (4)
buildings on adjoining properties that have three (3) street frontages. As summarized by
the applicant, the campus is a unique location that provides numerous critical health,
welfare, and legal services to Alaska Natives and American Indians. The proposed
gateway signs are necessary to assist visitors and patrons in identifying their campus.
2. The special conditions or circumstances have not been caused by actions of the applicant
and such conditions and circumstances do not merely constitute pecuniary hardship or
inconvenience.
Findings: As stated by the applicant, the requested variance is not intended to redress a
pecuniary hardship or inconvenience by the applicant; rather, it would address a non -
pecuniary hardship to persons who visit the campus for services.
Resolution No. PZ2023-02
Page 2 of 2
3. 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.
Findings: The proposed gateway signs are intended as site identification of the campus.
The existing uses are not changing. The granting of this variance permit is limited to
allowing two (2) gateway signs, where gateway signs or site identification signs are not
permitted in the TSH zoning district.
4. The granting of a variance shall be the minimum variance that will provide for the
reasonable use of the land and/or structure.
Findings: The granting of the variance will allow two (2) gateway signs to be installed
along the street frontage, near the intersections of Highland Avenue/Upland Street and
Mission Avenue/Overland Avenue. The proposed gateway signs will provide site
identification on opposite sides of an approximate 6-acre campus. The size of the
proposed gateway signs do not exceed the maximum sign size allowance of 32 square
feet in the TSH zoning district. The proposed gateway signs meet other standards in the
sign ordinance, such as minimum distances from any intersection and any property line.
5. The granting of a variance shall not be based upon other nonconforming land uses or
structures within the same land use or zoning district.
Findings: The granting of this variance permit is not based upon other non -conforming
land uses or structures within the same land use or zoning district.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI, ALASKA:
Section 1. That the request for a variance permit for installation of two (2) gateway signs to be
installed along the street frontage, near the intersections of Highland Avenue/Upland
Street and Mission Avenue/Overland Avenue.
Section 2. That the variance 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 sign permit issued by the Building Official.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
this 22nd day of February, 2023.
Al �(
JEFF AIT, CHAIRPERSON
ATTEST:
Lyz�y�
Meghan hibo a eputy City Clerk
STAFF REPORT
PLANNING & ZONING DEPARTMENT
KENAI
TO: Planning and Zoning Commission
THROUGH: Linda Mitchell, Planning Director
DATE: February 17, 2023
SUBJECT: Resolution No. PZ2023-02 - Variance Permit —Additional Signage
Request The applicant is requesting for a variance permit to obtain relief from
the sign ordinance for additional signage.
Staff Adopt Resolution No. PZ2023-02 Approving a Variance Permit to
Recommendation Allow Two (2) Gateway Signs for the Kenaitze Indian Tribe Campus.
Applicant:
Property Owner:
Legal Descriptions:
Property Addresses:
KPB Parcel Nos.:
Lot Sizes:
Zoning:
Current Land Use:
Land Use Plan:
SUMMARY
Peter Evon
Kenaitze Indian Tribe
Tract B-1, Block 5 of Townsite of Kenai Kenaitze Courthouse Replat
Lot 16B of Townsite of Kenai 2016 Addition
508 Upland Street and 1000 Mission Avenue
04707134 and 04707136
5 Acres (508 Upland Street) and 0.73 acre (1000 Mission Avenue)
Townsite Historic (TSH)
Mixed Use
Mixed Use
The Kenaitze Indian Tribe has requested a variance permit to exceed the number of signs allowed
in the Townsite Historic (TSH) Zoning District at the Tribal Campus "Kahtnuht'ana Qayeh"
centrally located in the historic district. The approximate 6-acre mixed use campus has four (4)
buildings on adjoining properties that have three (3) street frontages.
In the proposed plans (see attached), the applicant proposes three (3) wayfinding signs, three (3)
building name signs, and two (2) gateway signs. Under the Kenai Municipal Code Section
14.20.220 Signs, in the TSH zoning district, wayfinding are not subject to a permit and a sign is
limited to one (1) per use, not to exceed 32 square feet. Each of the proposed building name
signs would be allowed since each building serves a different use. Gateway signs and site
identification signs are not permitted in the TSH zoning district. The applicant is requesting a
variance permit to allow the installation of the gateway signs on the opposite sides of the campus
to assist visitors and patrons to identify the campus and safely find their destination.
ANALYSIS
Pursuant to KMC 14.20.180(a), the intent of a variance permit is to provide relief to the
development requirements of KMC Chapter 14.20 when the literal enforcement would deprive a
property owner of the reasonable use of his/her real property.
Prior to granting a variance permit, the Commission shall find that all of the conditions have been
met as set forth in KMC 14.20.180(c) [Variance Permit] Review Criteria.
Criteria 1: 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 land use or zoning district.
Findings: The subject properties encompasses a mixed use campus with four (4) buildings
on adjoining properties that have three (3) street frontages. As summarized by the applicant,
the campus is a unique location that provides numerous critical health, welfare, and legal
services to Alaska Natives and American Indians. The proposed gateway signs are necessary
to assist visitors and patrons in identifying their campus.
Criteria 2: The special conditions or circumstances have not been caused by actions
of the applicant and such conditions and circumstances do not merely constitute
pecuniary hardship or inconvenience.
Findings: As stated by the applicant, the requested variance is not intended to redress a
pecuniary hardship or inconvenience by the applicant; rather, it would address a non -
pecuniary hardship to persons who visit the campus for services.
Criteria 3: 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.
Findings: The proposed gateway signs are intended as site identification of the campus. The
existing uses are not changing. The granting of this variance permit is limited to allowing two
(2) gateway signs, where gateway signs or site identification signs are not permitted in the
TSH zoning district.
Criteria 4: The granting of a variance shall be the minimum variance that will provide
for the reasonable use of the land and/or structure.
Findings: The granting of the variance will allow two (2) gateway signs to be installed along
the street frontage, near the intersections of Highland Avenue/Upland Street and Mission
Avenue/Overland Avenue. The proposed gateway signs will provide site identification on
opposite sides of an approximate 6-acre campus. The size of the proposed gateway signs do
not exceed the maximum sign size allowance of 32 square feet in the TSH zoning district. The
Resolution No. PZ2023-02
Variance Permit
Additional Signage Page 2 of 3
proposed gateway signs meet other standards in the sign ordinance, such as minimum
distances from any intersection and any property line.
Criteria 5: The granting of a variance shall not be based upon other nonconforming
land uses or structures within the same land use or zoning district.
Findings: The granting of this variance permit is not based upon other non -conforming land
uses or structures within the same land use or zoning district.
PUBLIC NOTICE
Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the variance permit
were mailed to property owners within a three hundred -foot (300') periphery of the subject
properties. City staff published notice of the public hearing in the Peninsula Clarion on February
15, 2023. The property owner submitted an Affidavit of Posting verifying a sign was placed on the
parcel with information on the public hearing for the variance permit request.
One public comment was received and stated no objections to the variance permit.
STAFF RECOMMENDATION
Staff finds that the proposed gateway signs meets the criteria for issuance of a Variance Permit
as set forth in Kenai Municipal Code Section 14.20.180(c), and hereby recommends that the
Planning and Zoning Commission approve the variance permit, subject to the following conditions:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. Applicant must obtain a sign permit issued by the Building Official.
ATTACHMENTS
Aerial Map
Application
Plans
Public Comment
Resolution No. PZ2023-02
Variance Permit
Additional Signage Page 3 of 3
KENAI
N
VARIANCE PERMIT
Additional Signage
508 Upland St. and 1000 Mission Ave.
KPB Parcel IDS: 04707134 and 04707136
0
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J
D_
Subject Properties
Parcels
Zoning
Central Commercial
reap wr Keierence vnry
NOT A LEGAL DOCUMENT
0 75 150 300 Feet
Townsite Historic
City of Kenai
Planning and Zoning Department
Variance Permit
210 Fidalgo Avenue
Application
Kenai, AK 99611
(907) 283-8200
ptanning@kenai.dty
www.kenai.city/planning
_ •_ OWNER
PROPERTY
Name: Kenaitze Indian Tribe
Mailing Address:
P.O. Box 988
City:
Kenai
I State:
jAlaska
lZip Code:
199611
Phone Number(s):
907-335-7200
Email:
vstanford@kenaitze.org
PETITIONERNONE)
Name:
Peter Evon
Mailing Address:
P.O. Box 988
City:
Kenai
State: JAIaska
IMP Code: 199611
Phone Number(s):
907-335-7200
Email:
pevon@kenaitze.org
INFORMATION:11 PROPERTY
Kenai Peninsula Borough
Parcel # (Property Tax ID):
Physical Address:
508 Upland Street, Kenai, Alaska 99611
Legal Description:
.,, d.� �..���m,� a»�.aff�.�, ,µ.me.. ��M �•�..»K.�,
Zoning:
Townsite Historical (TSH)
Acres: 5 (Five)
VARIANCE DESCRIPTION
site plan with square footages and elevations of all existing/proposed buildings)
additional(include
pagesA
variance permit is the relaxation of the development requirements to provide relief when the literal enforcement
would deprive a property owner of the reasonable use of their real property. The requirements for a variance permit
in City Code must be met for a variance to be granted.
How is this property currently being used?
Campus style with multiple Un'ina service support buildings
Use of surrounding property - north:
Parking and rentals / DIOCESE OF SITKA & ALASKA ORTHODOX CHURCH buildings
Use of surrounding property - south:
Parking / vacant lots / resident
Use of surrounding property - east:
Apartment rentals
Use of surrounding property - west:
Kenaitze Indian property office complex / resident
Variance Requested for (attach add'Rional sheets if necessary):
Kenaitze Indian Tribe requests a variance to install gateway signs, building name signs, and wayfinding signs
at the Tribal Campus "Kahtnuht'ana Qayeh" located at the above address. These signs would provide
directional information to assist Campus visitors to navigate the Campus. Additional information regarding this
proposed variance, including a site plan marking the locations of the proposed signs, is attached.
Explain the special conditions or circumstances present which are peculiar to the land or structure involved which
are not applicable to other land or structures in the same land use or zoning district:
The Campus is made up of four unique buildings: the Dena'ina Wellness Center, the Tyotkas Elder Center, the Chuq'eya
Qenq'a (Birch Tree House), and the Qiz'unch' Tribal Court. Because the Campus consists of separate buildings, visitors
to the Campus would benefit from additional directional signs to assist them in identifying their precise destination upon
arriving at the Campus. The signs would also promote a safe, efficient flow of traffic within the Campus.
Explain the special conditions or circumstances present that have not been caused by actions of the applicant and
such conditions and circumstances do not merely constitute pecuniary (monetary) hardship or inconvenience:
The requested variance is not intended to redress a pecuniary hardship or Inconvenience to the applicant; rather, it would address a
non -pecuniary hardship to persons who visit the Campus for services. The proposed directional signs would assist visitors to the Campus
to safely navigate the Campus and identify the precise location of the services sought. The Campus is a unique location that provides
numerous critical health, welfare, and legal services to Alaska Natives and American Indians, and is designed to efficiently fulfill these
disparate functions. The requested variance would facilitate provision of these important services to members of the Kenai community.
Explain how this variance will not authorize a use that is not a permitted principal use in the zoning district in which
the property is located:
The requested variance would not alter the use of the property. It would not authorize any additional use of
the property (including any additional principal, conditional, or secondary use, see Kenai Municipal Code
14.22.010) or change how the property is used in any respect, except that visitors to the Campus could more
easily navigate the Campus and locate their destination.
Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or
structure:
The proposed variance would allow installation of simple, unobtrusive directional signs at the Campus. The signs would be placed
at a small number of points (identified on the attached site plan) where additional directional information would be most useful to
visitors. No other changes to the Campus are proposed. While the proposed variance would have minimal impact on the Campus
property, the proposed signs would serve an important function by enabling visitors to easily and safely navigate the Campus.
Explain how the granting of a variance shall not be based upon other noncoforming land uses or structures within
the same land use or zoning district:
The proposed variance is not based upon other nonconforming land uses or structures within the TSH Zoning
District. Applicant is not aware of any nonconforming uses within the district that bear similarity to the variance
applicant has requested. Applicant has requested the proposed variance because the addition of directional signs
to the Campus would assist visitors to the Campus to safely navigate the Campus and identify their destination.
AUTHORITY TO APPLY FOR A VARIANCE:
I hereby certify that (I am) (I have been authorized to act for) owner of the property described above and that I
petition for a variance 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 variance. 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:
1z'� ii -
IDate:
1.9 lao>�
Print Name:
FwL�
Title/Business: (rorl-Nj .r<cir,- ct lam( Tr;6e
Date Application Fee Received: /z,/aVzozz
For City Use Only PZ Resolution Number: PZ1oz b -OZ
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Sign Code Variance Request
Kenaitze Indian Tribe
The Kahtnuht'ana Dena'ina have inhabited the Kenai Peninsula since time immemorial.
The area now known as Old Town Kenai was the site of an ancient Dena'ina village.
Over the past several years, the Kenaitze Indian Tribe, descendants of the Kahtnuht'ana
Dena'ina, has developed a campus in Old Town Kenai. The Tribe has named the campus
Kahtnuht'ana Qayeh, which is a Dena'ina language phrase meaning "the Kenai River
People's Village."
The Kenaitze Indian Tribe serves approximately 1,800 Tribal Members and more than
4,000 Alaska Native and American Indian people, many of whom visit Kahtnuht'ana
Qayeh for services.
The Kahtnuht'ana Village is made up of four unique buildings:
• Dena'ina Wellness Center— an integrated health care facility;
• Tyotkas Elder Center— an integrated Elder program;
• Chuq'eya Qenq'a (Birch Tree House) — Tribe's Behavioral Health services;
• Qii unch' Tribal Court.
All these buildings are joined together with sidewalks and parking lots. Each sidewalk and
parking lot has multiple entrances. However, not all entrances are clearly marked for
direction purposes.
The Kenaitze Indian Tribe is seeking a variance to install the following signs:
Tribal Campus gateway signs;
Tribal Campus building name signs;
Tribal Campus wayfinding signs.
These signs will be place in the locations marked on the site plan provided.
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From:
Charlene Vozar
To:
City of Kenai Plannino Department
Subject:
Re: Variance Parcels 04707134 and 04707136
Date:
Tuesday, February 14, 2023 10:32:32 AM
Attachments:
imaae001.ioo
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opening attachments or clicking links, especially from unknown senders.
Thank you.
I have no objections to the variances for the site specific signs or the wayfinder signs.
Owner: 909 Highland Avenue; Property ID 04709214
-Charlene Vozar
From: City of Kenai Planning Department <planning@kenai.city>
Date: Tuesday, February 14, 2023 at 9:33 AM
To: Charlene Vozar <cvozar@bgbalaska.com>
Subject: RE: Variance Parcels 04707134 and 04707136
Charlene,
Attached are the requested documents.
Please let me know if you have any questions.
Sincerely,
Linda Mitchell
Planning Director
City of Kenai 1 210 Fidalgo Avenue I Kenai, AK 99611
(907) 283-8235 1 Imitchell(o)kenai.city
From: Charlene Vozar <cvozar@bgbalaska.com>
Sent: Tuesday, February 14, 2023 8:43 AM
To: City of Kenai Planning Department <planning@kenai.city>
Subject: Variance Parcels 04707134 and 04707136
CAUTION: This email originated from outside your organization. Exercise caution when
opening attachments or clicking links, especially from unknown senders.
Would you please email me the variance applications for these parcels?
I received the yellow card in the mail about the Feb 22 meeting — thank you.
I would like a little more information on the signage requested.
Regards,
Charlene F. Vozar