HomeMy WebLinkAboutResolution No. PZ08-36. ~~~\
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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZO$ ~6
VARIANCE -FINDINGS
A R)SOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI
DENYING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE:
NAME: ALASKA DIGITEL
LOCATED 406 Mc Coilum Drive -~ Lot lA, Grace Brethren Replat , ,,, ,_..•~
(Street Address/Legal Description}
WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict
provisions of the zoning code may be granted by the Commission if all conditions specified in
14.20.180 are met, and
WHEREAS, the City of Kenai Planning and Zoning Commission finds:
1. That an application meeting the requirements of Section 14.20.180 {b) has been submitted and
received on: June 4, 2008
2. This request is located on land zoned: RR -Rural Residential ~ ~ • • _.,._... __
3. Kenai Peninsula Borough Parcel No: 04511033
4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC
14,24.020 Develo ment Re uirements Table Hei ht Variance of 4S feet &KMC 14.20.080
Rural Residential Zone
5. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the
Commission an: June 2S, 2008 _
6. The Commission shall establish a finding that all of the following conditions have been been
found to exist as a prerequisite to issuance of the permit:
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.
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.
3. The granting of the variance does not authorize a use that is not a permitted principal use in
the zoning district in which the property is located.
4. The granting of the variance is the minimum variance that will provide for the reasonable
use of the land and/or structure.
S. The granting of the variance is not based upon other non-conforming land uses or structures
within the sale land use or zoning district.
7. Findings: That conditions 2 and 4 have not been met.
8. Staff comments from PZ08-36 are included as part of Findings.
NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE NOT BEEN
SHOWN TO EXIST AND THEREFORE DENIES THE VARIANCE.
PASSED BY THE PLANNING AND ZONING COMMISSION OF E ITY OF KENAI,
ALASKA, June 5 200 .
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CHAIRPERSON: ~ ATTEST: