HomeMy WebLinkAboutResolution No. PZ2023-25� KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2023-25
A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT FOR AN OFF -
PREMISE SIGN.
APPLICANTS: Jennifer Yeoman and Jason Yeoman
PROPERTY ADDRESS: 11631 Kenai Spur Highway
LEGAL DESCRIPTION: Tract B, Gusty Subdivision Addition No. 2
KENAI PENINSULA BOROUGH PARCEL NUMBER: 04716002
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code (KMC)
14.20.185(c) was submitted to the City on November 30, 2023; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a variance permit have been
met pursuant to KMC 14.20.180(b); and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing, following requirements outlined in KMC 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 existing medical clinic ("clinic") is located at 11595 Kenai Spur Highway,
known as Tract A-1, Shadura Subdivision Nichil Addition. The clinic is currently
established on a parcel that records show it was first platted under Shadura Subdivision
(Plat No. K-831) in 1961. Subsequently, several replats have been recorded on the
parcel with the clinic but the overall property lines of the parcel have remained the same
(see attached plats). The parcel with the clinic is setback at least 86 feet away from
Kenai Spur Highway compared to other adjacent parcels with street frontage along
Kenai Spur Highway. Therefore, the clinic is on a parcel with a unique site development
that are not similar to surrounding parcels with primary access off of Kenai Spur
Highway
Resolution No. PZ2023-25
Page 2 of 3
As expressed by the applicant, they have sought various options and concluded there is
not a practical place on the subject parcel to place a sign for the clinic with reasonable
visibility.
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: Staff finds 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 clinic for services.
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 off -premise sign is intended to promote and identify the existing
clinic, which is a permitted use in the Central Mixed Use (CMU) zoning district. The existing
use is under construction for expansion. Therefore, the existing use will be compliant with
the 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 an off -premise sign to be installed on
11631 Kenai Spur Highway, that would meet setbacks, height, and size requirements. The
proposed sign face for the off -premise sign would be approximately 75 square feet,
approximately 18-foot tall and at least 10 feet from the east property line due to an existing
utility easement. In the CMU zone, it does not state a minimum setback from property
lines; however due to the layout of the right-of-way, staff is recommending that a minimum
20-foot setback is required from the northeast corner and 10-feet setback from the street
frontage along Kenai Spur Highway on the parcel with the off -premise sign to minimize
any visual obstructions or interference with any future ROW expansion. Within proximity
of the subject parcel, there is an existing pole sign, currently displaying "Coffee Time"
along Kenai Spur Highway. If the business was located on 11631 Kenai Spur Highway,
the proposed sign would be permitted without a variance permit. Therefore, the variance
request would not provide relief beyond what would be allow if it was an on -premise sign.
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 business location presents its own unique circumstance due to how it was
originally platted and how the right-of-way of Kenai Spur Highway has changed overtime.
Staff finds that 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 is granted for an approximately 75 square foot
off -premise sign, not to exceed 18 feet in height, on the parcel located at 11631 Kenai
Spur Highway and described as Tract B, Gusty Subdivision Addition No. 2.
Resolution No. PZ2023-25
Page 3 of 3
Section 2. That the variance permit is subject to the following conditions:
1. Applicant(s) must comply with all federal, State of Alaska, and local regulations.
2. The off -premise sign must be located a minimum 20-foot setback from the northeast
corner and 10-foot setback from the street frontage along Kenai Spur Highway.
3. Prior to the installation of an off -premise sign on City -owned property, the applicant(s)
must obtain approval from the City of Kenai City Council.
4. Applicant(s) must obtain a sign permit issued by the Building Official.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 27TH DAY OF DECEMBER, 2023.
JEF IT, CHAIRPERSON
ATTEST:
Meghan Thibodeau, Deputy City Clerk
STAFF REPORT
PLANNING & ZONING DEPARTMENT
TO: Planning and Zoning Commission
THROUGH: Linda Mitchell, Planning Director
DATE: December 22, 2023
SUBJECT: Resolution No. PZ2023-25 - Variance Permit - Off -Premise Sign
Request The applicant is requesting for a variance permit to obtain relief from
the sign ordinance for an off -premise sign.
Staff Adopt Resolution No. PZ2023-25 approving a variance permit to allow
Recommendation an off -premise sign at 11631 Kenai Spur Highway.
Applicants: Jennifer Yeoman
Jason Yeoman
Property Owner: City of Kenai
Legal Description: Tract B, Gusty Subdivision Addition No. 2
Property Address: 11631 Kenai Spur Highway
KPB Parcel No.: 04716002
Business Location: 11595 Kenai Spur Highway
Zoning: Central Mixed Use (CMU)
Current Use: Vacant Lot
Land Use Plan: Central Commercial
SUMMARY
Jennifer Yeoman and Jason Yeoman have requested a variance permit to install an off -premise
sign at 11631 Kenai Spur Highway, which is a City -owned property. The off -premise sign would
be an internally illuminated pole sign with an approximately 75 square foot sign face and
approximately 18-foot tall. The off -premise sign would promote and identify the medical clinic,
known as Odyssey Family Practice on the adjacent parcel at 11595 Kenai Spur Highway. Kenai
Municipal Code (KMC) Section 14.20.220 Signs, off -premise signs are not permitted in the Central
Mixed Use (CMU) zoning district. The applicants are requesting a variance permit to install an off -
premise sign, where there is better visibility and not adversely impact the access areas of the
business location.
In order to install the pole sign on a City -owned property, the applicant(s) must obtain a Special
Use Permit or lease the property from the City.
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 existing medical clinic ("clinic") is located at 11595 Kenai Spur Highway, known
as Tract A-1, Shadura Subdivision Nichil Addition. The clinic is currently established on a
parcel that records show it was first platted under Shadura Subdivision (Plat No. K-831) in
1961. Subsequently, several replats have been recorded on the parcel with the clinic but the
overall property lines of the parcel have remained the same (see attached plats). The parcel
with the clinic is setback at least 86 feet away from Kenai Spur Highway compared to other
adjacent parcels with street frontage along Kenai Spur Highway. Therefore, the clinic is on a
parcel with a unique site development that are not similar to surrounding parcels with primary
access off of Kenai Spur Highway.
As expressed by the applicant, they have sought various options and concluded there is not
a practical place on the subject parcel to place a sign for the clinic with reasonable visibility.
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. Staff finds 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 clinic 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 off -premise sign is intended to promote and identify the existing
clinic, which is a permitted use in the Central Mixed Use (CMU) zoning district. The existing
use is under construction for expansion. Therefore, the existing use will be compliant with the
zoning district.
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 2 of 4
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.
Finding The granting of the variance will allow an off -premise sign to be installed on 11631
Kenai Spur Highway, that would meet setbacks, height, and size requirements. The proposed
sign face for the off -premise sign would be approximately 75 square feet, approximately 18-
foot tall and at least 10 feet from the east property line due to an existing utility easement. In
the CMU zone, it does not state a minimum setback from property lines; however due to the
layout of the right-of-way, staff is recommending that a minimum 20-foot setback is required
from the northeast corner and 10-feet setback from the street frontage along Kenai Spur
Highway on the parcel with the off -premise sign to minimize any visual obstructions or
interference with any future ROW expansion. Within proximity of the subject parcel, there is
an existing pole sign, currently displaying "Coffee Time" along Kenai Spur Highway. If the
business was located on 11631 Kenai Spur Highway, the proposed sign would be permitted
without a variance permit. Therefore, the variance request would not provide relief beyond
what would be allow if it was an on -premise sign.
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.
The business location presents its own unique circumstance due to how it was
originally platted and how the right-of-way of Kenai Spur Highway has changed overtime. Staff
finds that 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
property. The notice of the public hearing was published in the Peninsula Clarion on December
20, 2023, and the public hearing sign was posted on the premise.
STAFF RECOMMENDATION
Staff finds that the approximately 75 square foot off -premise sign, not to exceed 18 feet in height,
on the parcel located at 11631 Kenai Spur Highway and described as Tract B, Gusty Subdivision
Addition No. 2 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. The off -premise sign must be located a minimum 20-foot setback from the northeast
corner and 10-foot setback from the street frontage along Kenai Spur Highway.
3. Prior to the installation of an off -premise sign on City -owned property, the applicant(s)
must obtain approval from the City of Kenai City Council.
4. Applicant must obtain a sign permit issued by the Building Official.
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 3 of 4
ATTACHMENTS
Location Map
Application Submittal
Shadura Subdivision (Plat No. K-831)
Lots 1 and 2, Within Tract A of the Shadura Subdivision (Plat No. K-1356)
Shadura Subdivision Nichil Addition (Plat No. 2019-54)
Resolution No. PZ2023-25
Variance Permit
Off -Premise Sign Page 4 of 4
'IV
Resolution PZ2023-25
Variance Permit for Off -Premise Sign
KENAI 11631 Kenai Spur Highway
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125 250
11631 KFNAI SPUR HWY
Map for Reference Only
NOT A LEGAL DOCUMENT
500 Feet
Date Printed: 12/22/2023
Name:
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Mailing Address:
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City:
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State:
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Phone Number(s):
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Name:
Mailing Address:
City
State:
j7jp Code:
Phone Number(s):
Email:
Kenai Peninsula Borough Parcel # (Property Tax ID):
Physical Address:
`
Legal Description:
G
Zoning:
Acres:
A 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 properly. The requirements for a variance permit
in City Code must be met for a variance to be granted.
Wow is this property currently being used?
Use of surrounding property - north:
Use of surrounding property - south:]
Use of surrounding property - east:
Use of surrounding property - west:
Variance Requested for (attach additional sheets if necessary):
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:
� ,Q KftA5Kv-q 0. oamc1,rNca JD uk Ot,_ a.rzu --b qe4
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:
0�2fi- ! ill
5,aA+fl CkCV_k \r)Me--'vZ 1PA
t1 �Q�rL► �� � tJ1
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:
Explain how the variance shall be the minimum variance that will provide for the reasonable use of the land and/or
structure:
Loe Cj
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:
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:
'I--- - i Date: Q
Print Name:
�. 1 C,,
Title/Business:
- CANz
-7:L
Date Application Fee Received:
For City Use Only
PZ Resolution Number
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Linda Mitchell
From:
Jennifer Showalter Yeoman <yellowkenaitze@hotmail.com>
ent:
Thursday, November 30, 2023 6:44 PM
o:
Linda Mitchell
:c:
Jason Yeoman
Subject:
Variance
Follow Up Flag:
Follow up
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CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from
unknown senders.
Please include this with the information we gave you yesterday, thank you.
> To whom it may concern;
> We purchased the property, 11595 Kenai Spur Hwy, in 2018. It was a project we have enjoyed on many levels. The building was originally
built in 1962. There was many challenges getting the buildings up to code.
> We house a medical facility, Odyssey Family Practice, which is a great asset for the community and provides not only medical services but
employment opportunities for many people.
> In order for their business to allow their customers to locate their office a sign is needed. We do not have property on the street to place a
ign, and are unable to have a practical place to set it.
We have looked at various options such as on our property but it is not visible for drivers to see it on one side, the other 3 sides do not have
access to the road front. That has left us in a position to request a variance for 2 reasons; 1) for an off premise sign and 2) to be exempt of the
20foot intersection requirement.
> We have attached the proposed sign and identified a location for you to review.
> We intend to meet front yard back set, and are not aware of any similar non -conforming signage in Kenai.
> So, with all due respect we request this variance be approved.
> Sincerely,
> Jennifer and Jason Yeoman
Sent from my iPhone
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SHADNRA SUBDIVISION
DEVELOPED BY- PAUL P SHADURA
LEGAL DESCRIPTION
rHE WHOLE OF LOT 12, SECTION 6 ,
r5N, RIIW, SEWARD MERIDIAN, ALASKA.
SURVEYED BY. STANLEY S.McLANE Date 3-27-61
DRAWN BY. it 11 Date 3-29-61
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CERTIFICATE OF M-MERSHIP AED DEDICATION:
I hereby certify that I am the owner of / \—
said property, and adopt this plan with OVfRZAMO AvENVE
my free consent, and dedicate the alley ass /Yo.297Q A ___
as shown to public use.
pate 1. 1 .?q 19
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Owner � I I
State of Alaska )
,,ity of Kenai ) as
On this ' _day of____1963, before me personally api,eared.��� > '
Down to me to be the person whose name is subscribed to this inatrument„end
acknowledged to me that he exeouted the same for the purposes hereon ex<)ressedq
IN WITIIESS THEREOF, I have hereunto set my hand and of red my notarial seal
this,dpy and year last writtVnaove.
My commission expires_.'r �%7 T� ti'i r^fir. f s
CERTIFICATE OF REGISTERM LAND SURVEYOR. IiTotyary public
I hereby certify that I am a registered land surveyor, and that this plat
rearesents a survey made by me, and the monuments shown thereon actually exist
as located, and that ull dimensional and other details are�orrect.
Dite, ituie 28. 11 6�
Registered Surveyor
City Planning Commission:
Received
Approved ! "7'
Chairman .
Council:
This is to certify that the within plat
was duly submitted to and approved by
the Council of Kenai City, Alka, by
resolution number 63-30 dul authenti
cated as passed n3 s _ 30 _ day of -!Lc Lob Er
!ctober
713
jtiayor - j J City Clerk —
LOTS I and 2, WITHIN TRACT A
OF THE SHADURA SUBDIVISION
LEGAL DESCRIPTION OF THE SHADURA SUBDIVISION
THE WHOLEOF THE BLM. LOT 12, SECTION 6,
T5N, RIIW,OF THE SEWARDMERIDIAV, ALASKA.
SURVEYED BY
SIaaleyS.Mciane,R.L.S. Date 5,23,1965
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