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Home My WebLink AboutResolution No. PZ2023-16f r K�NAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-16 A RESOLUTION GRANTING AN ENCROACHMENT PERMIT FOR A SINGLE-FAMILY RESIDENCE TO ENCROACH INTO THE REQUIRED (NORTH) SIDE YARD SETBACK. APPLICANT: Bryson Lowe PROPERTY ADDRESS: 1436 Pey Drive LEGAL DESCRIPTION: Lot 23, Shoreline Heights 2014 Addition Phase 1 KENAI PENINSULA BOROUGH PARCEL NUMBER: 03914146 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on July 3, 2023; 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 July 19, 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 14.20.185(d): 1.An encroachment as defined in subsection (a) exists. KMC 14.20.185(a) "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. Findings: The single-family residence meets the definition of an encroachment as it is located approximately 13.6 feet from the property line, where a 15-foot side yard setback is required for the Residential Rural (RR) zoning district. 2.The encroachment does not encroach upon a Federal, State or City right-of-way or utilityeasement. Findings: The as-built certification does not show any utility easements on the property but there is a 10-foot utility easement adjacent to Pey Drive. The Shoreline Heights 2014 Addition Phase 1 plat shows a 30-foot right of way easement under AOL 63572 affecting the subject parcel but the applicant provided a copy of the easement vacation plat with Resolution No. PZ2023-16 Page 2 of 2 the application. On the as -built certification, the single-family residence is over 50 feet away from Pey Drive. The applicant has provided sufficient documentation to show that the home does not encroach upon a Federal, State or City right-of-way or upon a utility easement. 3. The issuance ofthe 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: A single-family residence is a principally permitted use in the Rural Residential RR) zoning district. 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 single-family residence 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 single-family residence to encroach into the required 15-foot (north) side yard setback by 16.8 inches. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, this 2611' day of July, 2023. C JE\FF IT, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk r I I STAFF REPORT PLANNING & ZONING DEPARTMENT K�NAI TO: FROM: DATE: SUBJECT: Request Staff Recommendation Applicant Legal Description Property Address Parcel No. Lot Size Zoning Current Land Use Land Use Plan SUMMARY Planning and Zoning Commission d Linda Mitchell, Planning Directof'WI July 21, 2023 Resolution PZ2023-16 -Encroachment Permit for a Single-Family Residence to Encroach into the Required (North) Side Yard Setback The applicant is requesting for a 16.8-inch encroachment into the required 15-foot (north) side yard setback for a two-story single-family residence. Adopt Resolution PZ2023-16 approving an Encroachment Permit to allow a single-family residence to encroach into the required 15-foot side yard setback by 16.8 inches. Bryson Lowe Lot 23, Shoreline Heights 2014 Addition Phase 1 1436 Pey Drive 03914146 24,593 square feet Rural Residential (RR) Single Family Residence Low Density Residential A two-story single-family residence is under construction and pending final inspection that is contingent on the approval of an encroachment permit to allow the home to encroach approximately 16.8 inches into the required (north) side yard setback. Pursuant to Table 14.24.020 Development Requirement Table in the Kenai Municipal Code (KMC), the Rural Residential (RR) zoning district requires a fifteen-foot (15') side yard setback. An encroachment permit was approved administratively on June 6, 2022 for a 4.8-inch encroachment into the required 15-foot side yard setback along the south property line. In KMC 14.20.185(h) Administrative Exemption, the Administrative Official may grant an encroachment without a public hearing if the total encroachment does not exceed 12 inches and meets the specified criteria. The applicant provided an as -built certification that shows the constructed single-family residence is approximately 13.6 feet from the north property line. The approval of this encroachment permit will null and void the administratively approved encroachment permit. 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 single-family residence meets the definition of an encroachment as it is located approximately 13.6 feet from the property line, where a 15-foot side yard setback is required in the Residential Rural (RR) zoning district. Criteria 2: The encroachment does not encroach upon a Federal, State or City right-of- way or utility -easement. The as -built certification does not show any utility easements on the property but there is a 10-foot utility easement adjacent to Pey Drive. The Shoreline Heights 2014 Addition Phase 1 plat shows a 30-foot right of way easement under ADL 63572 affecting the subject parcel but the applicant provided a copy of the easement vacation plat with the application. On the as -built certification, the single-family residence is over 50 feet away from Pey Drive. The applicant has provided sufficient documentation to show that the home 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: A single-family residence is a principally permitted use in the Rural Residential RR) zoning district. 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 single-family residence is within the property lines. The encroachment will not cross a platted lot line. Resolution No. PZ2023-16 Encroachment Permit Page 2 of 3 PUBLIC NOTICE Pursuant to Kenai Municipal Code 14.20.280 notices of the public hearing for the encroachment permit 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 July 19, 2023 City staff submitted an Affidavit of Posting verifying a sign was placed on the parcel with information on the public hearing for the encroachment permit request. Staff received two (2) inquiries for additional information but no public comments have been received. STAFF RECOMMENDATION Staff finds that the request meets the criteria as set forth in KMC 14.20.185(d) for issuance of an Encroachment Permit for a single-family residence to encroach into the required 15-foot (north) side yard setback by 16.8 inches, and hereby recommends that the Planning and Zoning Commission approve the encroachment permit. ATTACHMENTS Aerial Map Application Materials Encroachment Permit - Administrative Approval Plat Resolution No. PZ2023-16 Encroachment Permit Page 3 of 3 K�NAI ENCROACHMENT PERMIT Single-Family Residence to Encroach 16.8 Inches into the Required (North) Side Yard Setback 1436 Pey Drive Parcel ID: 03914146 N Map for Reference Only NOT A LEGAL DOCUMENT ! 0..............-, �, ---.-------,---, A.100 200 400 Feet tij I - I - .- - C.. I I _ Lot 25 Lot 24 Lot 23 n Ip 12. Deck OD Go 34.1' 1&f' House i y f3.6' MY 0 3e.2' 51 Enid t I Driwray , V1 1 000tcc, 000, 1 00 e p ASHUILT CERTIFICATION Found Rebar Q Sewer vent. Lot is served by city water KENAI RECORDING DISTRICT I Plat: 2015-24 ate: 11/21/22 Scale: 1°-4d Drawn: SLAB 6: 22361 1Book: 22-6 SEGESSER SURVEYS 904B5 B3OSLA" Sr. SOLDOM AK 99669 907) 262-3909 1k--- _ F Lot 22 s ...'. :....0000 A :JOHN F. jo No LS am I/ 4.3-22 .. I hereby certify that I have surveyed the following described 'property Shoreline Hai is 2Q14 Addtti= and that no encroachments exist except as Indicated. Exclusion Mate - It Is the responsibility of the Owner to determine the existence of any easements, covenants, or restrictions which do not appear on the recorded subdivision plat. Under no circumstances .should any data hereon be used for construction or for establishing boundary or fence lines. kLE 41, Nka 4as Su =H9 i S & fiN Fig I. Y 1 - ..- IU4„_ S 2 a bj e EIRj33NilX fit• d d City of Kenai Planning and Zoning Department Encroachment Permit 210 Fidalgo Avenue Application Kenai, AK 99611 907) 283-0200 pla nn ing@ke nai. city www. ke nai.citylplanning Name: Bryson Lowe Mailing Address: 1436 Pey Dr Clty: Kenai I State: JAK]Zip Code: 199611 Phone Number(s): 907-3698-9190 Email: brysonlowe6@hotmail.com Name; Mailing Address: City: State: Izip Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): o3ei41ss Physical Address: 143e Pey Dr Kenai AK 9961 i regal Description: T 06N R 12W SEC 26 SEWARD MERIDIAN KN 2015024 SHORELINE HEIGHTS 2014 ADDN PHASE 1 LOT 23 Zoning: Residential Acres: 56 ENCROACHMENTDESCRIPTION s• s ite planifloo r t la n with square f f• .e a b. Include State Business Licenseap- How is this property currently being used? Personal Residence Use of surrounding property - north: Residential Use of surrounding property - south: Residential Use of surrounding property - east: Residential Use of surrounding property - west: Roadfresidential Encroachment Requested for (attach additional sheets if necessary): Request for 18" variance on the 15' setback. The house is located at 13' 6" to the property line to the North. 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.": Its located 13' 6" located to the property line to the North. The encroachment does not encroach upon a Federal, State, or City right-of-way 8 YESorutilityeasement. The issuance of the encroachment permit will not authorize a use which is not a 9 YESprincipalpermitteduseinthezoningdistrictinwhichthepropertyislocated. The encroachment is not located across a platted lot line. LO 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 authorized to access the above -referenced property for the purpose of processing this application. Signature: Date: 7/5/23 Print Name: Bryson Lowe Title/Business. 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City J Kenai 1210 Fidalgo Ave, Kenai, AK 99611-7794 j 907.28&75551 www.6nakity CITY OF KENAI ADMINISTRATIVE ENCROACHMENT EXEMPTION PERMIT A REQUEST FOR AN ENCHOACHMENT EXEMPTION HAS BEEN SUBMITTED BY: NAME: Bryson Lowe USE_Resldential aNellincci LOCATED: 9436 PeY _iye KENAI PENINSULA BOROUGH PARCEL NO: 03914146 WHEREAS, the Administrative Official finds: 1. That an applicatlon meeting the requirements of Section 14.20.185 (h) has been submitted and received on: 5/27/2022 2. This request Is on land zoned:. Rural Residential _ 3. That the applicant has demonstrated with plans and other documents that they can and will meet the following specific requirements as set forth in Section 12.20.186 (d): a. An encroachment as defined in KMC 14.20.165 (a) exists. b. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. c. The issuance of the encroachment permit will not authorize a use, which Is not a principal permitted use in the zoning district in which the property is located. d. The encroachment Is not located across a platted Jot line 4. Location of Encroachment: 4.8 inches on the righthand side of the structure 5. Applicant must comply with all Federal, State, and local regulations. THE ADMINISTRATIVE OFFICIAL OF THE CITY OF KENAI FINDS THAT THE APPLICANT HAS DEMONSTRATED THAT THE PROPOSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THEREFORE THE ADMINISTRATIVE OFFICIAL DOES AUTHORIZE THE ENCROACHMENT EXEMPTION PERMIT. DATED THIS — DAY OF - . AT KENAI, ALASKA. t ADMINISTATIVE OFFICIAL: Ryan Foster, City Planner Lr- 4j VAOIA, A I I R a x n ONE, q, 1di a by € = z w a of ZF— a #a a a a R N a s p VAk sl C7 R i F v 8 WAY (s oazYtc) sawzlrE m9.u' da aox$ PM m i YI C ' sooatYi•[ 2 zw. tn m m, somm' ut b Kx oil itzl < gg i ti y V- td 9 m , y Y1 •,'k `, ,,,. i- , MA e. m P9s / uai' vr tF 00 h AR glob g EN s aW ea. aq s - g5 ?414 ga H € N Oo Pug V;dalHP. Ogw zlic; Tg€a a< gg 912 4 5 a $ ta a