HomeMy WebLinkAboutResolution No. PZ2024-09I�=
KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2024=09
A RESOLUTION GRANTING AN ENCROACHMENT PERMIT FOR A RESIDENTIAL
DETACHED ACCESSORY STRUCTURE TO ENCROACH INTO THE REQUIRED (WEST) SIDE
YARD SETBACK BY APPROXIMATELY 12 FEET.
APPLICANT: Ryan Bowlin
PROPERTY ADDRESS: 3018 Bree Avenue
LEGAL DESCRIPTION: Lot 34, Shoreline Heights 2014 Addition Phase 1
KENAI PENINSULA BOROUGH PARCEL NUMBER: 03914157
WHEREAS, a complete application meeting the requirements of Kenai Municipal Code
14.20.185(c) was submitted to the City on April 15, 2024; 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 May 1, 2024, 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 proposed accessory structure meets the definition of an encroachment as
it would be located approximately 3 feet from the nearest property line, where a 15-foot
side yard setback is required in the Rural Residential (RR) zoning district.
2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility
easement.
Findings: The Shoreline Heights 2014 Addition Phase 1 plat shows a 30-foot right-of-way
(ROW) under ADL 63572 and identifies a 10-foot utility easement adjacent to the rights -
of -way. An easement vacation plat was recorded under Plat No. 2017-10 in the Kenai
Recording District, which vacates the 30-foot ROW under ADL 63572. The proposed
Resolution No. PZ2024-09
Page 2 of 3
accessory structure would be approximately 3 feet away from the west 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: A Conditional Use Permit (CUP) is required for constructing an accessory
structure on an adjacent vacant lot, owned by the same property owner(s) with a principal
structure/use of the land but it is limited to a structure without a permanent foundation and
be less than 400 square feet. The proposed accessory structure will have a permanent
foundation and exceed the 400 square feet; therefore, a CUP would not authorize the
proposed accessory structure. However, a lot merger would authorize the use of the
proposed accessory structure. A condition has been added to require a lot merger to
ensure this criterion will be met. As such, the proposed structure will be located on the
same lot as the single-family dwelling.
4. The encroachment is not located across a platted lot line.
Findings: The requested encroachment will not cross a platted lot line. The proposed
accessory structure will be approximately 3 feet away from the nearest 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 residential detached accessory structure
to encroach into the required 15-foot (west) side yard setback by approximately 12
feet.
Section 2. That the encroachment permit is subject to the following conditions:
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.
2. Prior to the building permit issuance, Lots 34 and 35 of Shoreline Heights 2014
Addition Phase 1 must be consolidated or merged.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 8T" DAY OF MAY, 2024.
:J'
HALSTEAD, CHAIRPERSON
Resolution No. PZ2024-09
Page 3 of 3
ATTEST:
Meghan Thibodeau, Deputy City Clerk
7/ STAFF REPORT
�. PLANNING &ZONING DEPARTMENT
'<ENAI
TO: Planning and Zoning Commission
FROM: Linda Mitchell, Planning Director
DATE: May 3, 2024
SUBJECT: Resolution PZ2024-09 - Encroachment Permit for a Residential Detached
Accessory Structure to Encroach into the Required (West) Side Yard Setback
Request The applicant is requesting for an approximately 8.25 feet
encroachment into the required 15-foot (west) side yard setback for a
residential detached accessory structure.
a�aff Adopt Resolution PZ2024-09 approving an Encroachment Permit to
RacammAndation allow a residential detached accessory structure to encroach into the
required 15-foot (west) side yard setback by 6.75 feet.
Applicant Ryan Bowlin
Legal Description Lot 34, Shoreline Heights 2014 Addition Phase 1
Property Address 3018 Bree Avenue
Parcel No. 03914157
Lot Size 28,459 square feet (0.65-acre)
Zoning Rural Residential (RR)
Current Land Use Vacant
Land Use Plan Low Density Residential (LDR)
SUMMARY
City staff initially received a building permit application for a 28-foot by 30-foot single -story
detached shop with covered parking on the sides on the subject property. The subject property is
vacant. Kenai Municipal Code (KMC) Section 14.20.200(b) states an unoccupied accessory
structure may be allowed as a conditional use on a residential parcel that does not have a main
building or use of the land only when the parcel on which the unoccupied accessory structure
proposed is adjacent to and shares a common lot line with a parcel owned by the same owner
and a main building or use is constructed or used on the adjacent parcel. The adjacent lot to the
west of the subject property is owned by the same property owner. Due to the limitation of the
CUP for an accessory structure on structure size and non -permanent foundation, the property
owner has opted to merge the lots.
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.
The proposed location and size of the accessory structure would encroach into the required 15-
foot side yard setback by approximately 6.75 feet. Thus, the proposed accessory structure would
encroach approximately 8.25. feet into the required side yard setback.
Planning received the preliminary plat application to merge the lots. The preliminary plat is subject
to compliance with KMC Chapter 14.10 Subdivision Regulations. If this encroachment permit is
granted, then the preliminary plat would come before the Planning and Zoning Commission for
review/recommendation at the next regular meeting.
A'J\\9,/AL TN_ 115
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.
The proposed accessory structure meets the definition of an encroachment as it
would be located approximately 6.75 feet from the nearest property line, where a 15-foot side
yard setback is required in the Rural Residential (RR) zoning district.
Criteria 2. The encroachment does not encroach upon a Federal, State or City right-of-
way or utility -easement.
Findinci. The Shoreline Heights 2014 Addition Phase 1 plat shows a 30-foot right-of-way
(ROW) under ADL 63572 and identifies a 10-foot utility easement adjacent to the rights -of -
way. An easement vacation plat was recorded under Plat No. 2017-10 in the Kenai Recording
District, which vacates the 30-foot ROW under ADL 63572. The proposed accessory structure
would be approximately 6.75 feet away from the west 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: A Conditional Use Permit (CUP) is required for constructing an accessory structure
Resolution No. PZ2024-09
Encroachment Permit
3018 Bree Avenue Page 2 of 3
on an adjacent vacant lot, owned by the same property owner(s) with a principal structure/use
of the land but it is limited to a structure without a permanent foundation and be less than 400
square feet. The proposed accessory structure will have a permanent foundation and exceed
the 400 square feet; therefore, a CUP would not authorize the proposed accessory structure.
However, a lot merger would authorize the use of the proposed accessory structure. A
condition has been added to require a lot merger to ensure this criterion will be met. As such,
the proposed structure will be located on the same lot as the single-family dwelling.
Criteria 4: An encroachment is not located across a platted lot line.
Findings: The requested encroachment will not cross a platted lot line. The proposed
accessory structure will be approximately 6.75 feet away from the nearest property line.
71 "3LIC M*
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 May 1, 2024.
City staff submitted an Affidavit of Post verifying a sign was placed on the parcel with information
on the public hearing for the encroachment permit request.
4TAFF REECOMMEND,AM 9
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 residential detached accessory structure to encroach into the required
15-foot (west) side yard setback by approximately 8.25 feet, and hereby recommends that the
Planning and Zoning Commission approve the encroachment permit, subject to the following
conditions:
1. As as -built survey by a registered professional land surveyor must be submitted to the
Building Official or designee prior to the issuance of the Certificate of Occupancy.
2. Prior to the building permit issuance, Lots 34 and 35 of Shoreline Heights 2014 Addition
Phase 1 must be consolidated or merged.
ATTA'79Re IFKITS
Aerial Map
Application Materials
Shoreline Heights 2014 Addition Phase 1 Plat
Easement Vacation Plat
Resolution No. PZ2024-09
Encroachment Permit
3018 Bree Avenue Page 3 of 3
Resolution No. PZ2024-09
Encroachment Permit
8.25 Feet into 15-Foot Side Yard Setback
3018 Bree Avenue
N riaP wr rceierence vniy
NOT A LEGAL DOCUMENT
0 75 150 300 Feet
Name:
Mailing Address:
City:
Phone Number(s):
Email:
Name:
Mailing Address:
City.
Phone Number(s):
Email:
Peninsula E
:al Address:
Description:
RECEIVED
C1DF KENAI City of Kenai
Planning and Zoning Department
Encroachment Permit A: '110 Fidalgo Avenue
Kenai, AK 99611
Application (907) 283-8200
tanning@kenai.city
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How is this property currently being used? Vacav4 1OWNCA
Use of surrounding property - north: Ces 1Aer fi'v k PrePert'
Use of surrounding property - south: $ree Ave,
Use of surrounding property - east: Kt Wt v4 io l Iname,
Use of surrounding property - west: llzeszdeKt"'&A lnome-
Encroachment Requested for (attach additional sheets if necessary):
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.":
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4,z .^ IS irao � 6ep-6", ';Prom +he, SocA•4-4.f-e5 +- Carvter or Lo j- 3(o lro6 Peya
The encroachment does not encroach upon a Federal, State, or City right-of-way
or utility easement.
EYES
The issuance of the encroachment permit will not authorize a use which is not a �j 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 authorized to access the above -referenced property for the purpose of processing this
application.
Signature: -I Date: g/ is
Print Name: I Z6,d , Wi t,,,,, ; ,,, Title/Business:
For City Use Only Date Application Fee Received: PZ Resolution Number: I
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