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Home My WebLink AboutResolution No. PZ2023-20KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2023-20 A RESOLUTION GRANTING AN ENCROACHMENT PERMIT FOR A MULTI -TENANT COMMERCIAL BUILDING TO ENCROACH INTO THE REQUIRED (EAST) SIDE YARD SETBACK BY 3 FEET AND 1 INCH. APPLICANT: Connie Vann PROPERTY ADDRESS: 735 Baleen Avenue LEGAL DESCRIPTION: Lot 6, Baleen Cove Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04941061 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c) was submitted to the City on October 10, 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 October 18, 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 ): 9. 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 multi -tenant commercial building meets the definition of an encroachment as it is located approximately 3 feet 1 inch from the property line, where a 15-foot side yard setback is required in the Limited Commercial (LC) zoning district. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. Findings: The Baleen Cove Subdivision plat does not show any rights -of -way or easements along the east property line. The building would be approximately 11 feet 11 Resolution No. PZ2023-20 Page 2 of 2 inches away from the east property line. There is no indication of an encroachment upon a right-of-way or utility easement. 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: Tenants are unknown at this time but uses will be subject to the Limited Commercial zoning district as listed in Land Use Table. 4. The encroachment is not located across a platted lot line. Findings: The multi -tenant commercial building is within the property lines. The encroachment will not cross a platted lot line. The boiler room will be approximately 11 feet 11 inches away from the property line. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That an encroachment permit is granted for a multi -tenant commercial building to encroach into the required 15-foot (east) side yard setback by 3 feet 1 inch. Section 2. That the encroachment permit is subject to the following condition: 1. An as -built survey by a registered professional land surveyor must be submitted to the Building Official prior to the issuance of the Certificate of Occupancy. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 25T" DAY OF OCTOBER, 2023. JEWTWApt, CHAIRPERSON ATTEST: Meghan Thibodeau, Deputy City Clerk T STAFF REPORT `+ PLANNING & ZONING DEPARTMENT KF.NAI TO: Planning and Zoning Commission FROM: Linda Mitchell, Planning Director DATE: October 24, 2023 SUBJECT: Resolution PZ2023-20 - Encroachment Permit for a Multi -Tenant Commercial Building to Encroach into the Required (East) Side Yard Setback Request The applicant is requesting for a 3-foot 1-inch encroachment into the required 15-foot (east) side yard setback for a multi -tenant commercial building. Staff Adopt Resolution PZ2023-20 approving an Encroachment Permit to Recommendation allow a multi -tenant commercial building to encroach into the required 15-foot (east) side yard setback by 3 feet 1 inch. Applicant Connie Vann Legal Description Lot 6, Baleen Cove Subdivision Property Address 735 Baleen Avenue Parcel No. 04941061 Lot Size 1.36 acres Zoning Limited Commercial (LC) Current Land Use Multi -Tenant Commercial Building Land Use Plan Low Density Residential SUMMARY A multi -tenant commercial building is under construction and pending final inspection that is contingent on the approval of an encroachment permit to allow the boiler room to encroach approximately 3 feet 1 inch into the required (east) side yard setback. Pursuant to Table 14.24.020 Development Requirement Table in the Kenai Municipal Code (KMC), the Limited Commercial (LC) zoning district requires a fifteen -foot (15') side yard setback. 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 multi -tenant commercial building meets the definition of an encroachment as it is located approximately 3 feet 1 inch from the property line, where a 15-foot side yard setback is required in the Limited Commercial (LC) zoning district. Criteria 2: The encroachment does not encroach upon a Federal, State or City right-of- way or utility -easement. Findings: The Baleen Cove Subdivision plat does not show any rights -of -way or easements along the east property line. The building would be approximately 11 feet 11 inches away from the east property line. There is no indication of an encroachment upon a right-of-way or 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: Tenants are unknown at this time but uses will be subject to the Limited Commercial zoning district as listed in Land Use Table. Criteria 4: An encroachment is not located across a platted lot line. Findirc The multi -tenant commercial encroachment will not cross a platted lot line. 11 inches away from the property line. PUBLIC NOTICE building is within the property lines. The The boiler room will be approximately 11 feet 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 October 18, 2023. STAFF RECOMMENDATION Staff finds that the request meets the criteria as set forth in KMC 14.20.185(d) for issuance of an Resolution No. PZ2023-20 Encroachment Permit 735 Baleen Avenue Page 2 of 3 Encroachment Permit for a multi -tenant commercial building to encroach into the required 15-foot (east) side yard setback by 3 feet 1 inch, and hereby recommends that the Planning and Zoning Commission approve the encroachment permit. ATTACHMENTS Aerial Map Application Materials Plat Resolution No. PZ2023-20 Encroachment Permit 735 Baleen Avenue Page 3 of 3 ev KENAI N F 0 85 170 Resolution PZ2023-20 Encroachment Permit 735 Baleen Avenue r Map for Reference Only NOT A LEGAL DOCUMENT 340 Feet Limited Commercial 735 Baleen Avenue sr,i, Mterr rpg?j 1gographics, and the GIS User u Communityr-- Date Printed: 10/24/2023 RECEIVED CITY OF KENAI Encroachment Perry T 10023 Application Planning & ir.' V: er3ning Clty of Kenai Planning and Zoning Department 210 Fidalgo Avenue Kenai, AK 99611 (907)283-8200 planning@kenai,city www.kenai.citylplanning Name: O�-K-v-, Mailing Address: City: State: Zip Code: �/ Phone Number(s): &10 -ZSZ . 4f 0-- 10 -7 —Z-s-Z.-Zg 0 Email: 5 iJ�r'ai`)ls Name: Mailing Address: City: I State: JZlp Code: Phone Number(s): Email: Kenai Peninsula Borough Parcel # (Property Tax ID): j� j Physical Address: —t 3 (, _C—_, Legal Description: ?>AA RXA^ C,.)-V f- }- (p Zoning: Acres: How is this property currently being used. Use of surrounding property - north: 'Ba CSC Use of surrounding property - south: r &C Use of surrounding property - east: Ba Use of surrounding property - west: Encroachment Requested for (attach additional sheets if necessary): 3-0, lam- Ada r,., 3 • ! ' / (�,_tl wl� I I It) 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.": +a j The encroachment does not encroach upon a Federal, State, or City right-of-way .-Ed YES or utility easement. 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 1 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: Print Name: ' f, UCL wv%. Title/Business: For City Use Only Date Application Fee Received: PZ Resolution Number: • � � .yam � � - -- - 4'R YiA OW C r- f m LOTS t �1 s ZOO x c N� < 33LLJI-- a m; 1 Lr'' i (r :7 z �, ^ `i {i w i w <£ n � 3ri SNOW 5T��~ y 6'- - - - - - - - - - - - - - - - - ..- - - ,.-. - 30' EASEMENT 1643-637 APPROX EXSTG BIKE LANE _q-KALIFORNSKY BEACH ROAD - `- :5ALEEN SITE PL&N - - - - - - C = 30'-0' (22X34); i' = 15'-0' (1 tXt 7) I � tg 12 > O r < CL S LG �€15�� 0.I N x � = I J I I «rm n I J I Z J I ----—�--�� --Y-- oR I I<YI� I I p n V --+ N Ao'oY[ 3.AI,80.005 m Y rn I —_c——J a �d JR o m— 3A.Adms w I m o � moo m v yJ I .m Lw.eoOos I ,i'ti, o JI NJm �I Z Y I I e AOroYC 3A1.90a65 I M I I I I a I I Aoncc aa, N I I I _ I' 'o l m J S o Ao m I mlY ml I NN — — — — — — — — — — — — - - as•ua M.m,anoox — — — — — —anZ+O dIA R ELpk bUIJoag JO sisog T o Yc Ek a — o Jm Z Jm Jm IY d z � d 4Ry4 N8 Se Q i} ddi d`t ¢¢ GEE y Y s° a]- N. gf¢�g 5i $s�9�s�a gg yy S w ,448UN. s a g 6 f -6 f _ a : n 1z m s z