HomeMy WebLinkAboutPZ1985-19CITY OF KENAI
KENAI ADVISORY PLANNING & ZONING COMMISSION
RESOLUTION PZ 85-19
A RESOLUTION OF THE ADVISORY PLANNING & ZONING COMMISSION OF THE
CITY OF KENAI RECOMMENDING THE REVISION OF THE VARIANCE PERMIT
SECTION OF THE KENAI ZONING CODE.
WHEREAS, the Kenai Zoning Code provides for the issuance of a
variance permit by the Kenai Advisory Planning & Zoning
Commission if certain conditions have been satisfied by the
petitioner, and
WHEREAS, certain deficiencies in the variance permit section of
the Code have created review problems for the Commission, and
WHEREAS, the existing review criteria are too general and do not
include certain conditions which should be considered in
evaluating a variance permit request, and
WHEREAS, the proposed revision of the variance permit section
includes a more accurate intent statement and more descriptive
review criteria, and
WHEREAS, a public hearing has been conducted by the Kenai
Advisory Planning & Zoning Commission on March 27, 1985 in
accordance with the Kenai Zoning Code.
NOW, THEREFORE, BE IT RESOLVED BY THE ADVISORY PLANNING & ZONING
COMMISSION OF THE CITY OF KENAI, that the revised variance permit
section of the Kenai Zoning Code as outlined in Attachment "A" is
hereby recommended to the Kenai City Council.
PASSED by the Advisory Planning & Zoning Commission of the City
of Kenai , Alaska, this `3_~ day of /~~~2~ , 1985.
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P Wing Secretar
CITY OF KENAI
210 FIDALGO KENAI, ALASKA 99611
TELEPH0NE283-7535
ACHMENT "A"
14.20.180 Variance Permits
(a) Intent: A variance means the relaxation of the development
requirements of this chapter to .provide relief when the literal
enforcement would deprive a property, owner of the reasonable use
of his real property.
(.b) Permit Application: An application for a variance permit shall be
filed in writing with the administrative official and signed by
the owner of the property concerned.
1) The application shall contain the following:
(i) A legal description of the property involved;
(ii) Plans showing the location of all existing and .proposed
buildings or alterations, elevations of such buildings or
alterations, and such data as may be required.
(c) Review Criteria: The Commission shall establish a finding that
all of the conditions have been found to exist as a.prerequisite
to issuance of a variance 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.
Z) 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 shall not authorize a use that
is not a permitted principal use in the zoninq_ district in
which the property is located.
4} The granting of a variance shall be the minimum variance
that will provide for the reasonable use of the land and/or
structure.
VARIANCE PERMIT
Paoe 2
5) The a.rantinQ.of a variance shall not be based upon other non
conforminq_ land uses or structures within the same land use
or zoning district.
(d) Public Hearing: The public hearing and notification procedure for
a variance application shall be accomplished in accordance with
the requirements of this chapter.
(e} Permit Expiration & Extension: An approved variance permit shall
lapse 12 months from the date of approval if no certificate of
occupancy has been issued by the Building Official. The Commission
may grant a time extension not to exceed six months upon a
finding that circumstances have not changed sufficiently since
the date of initial permit approval. A request for extension
must be submitted prior to expiration of the permit. A public
hearing shall not be required as a condition to ,granting the
extension. (Ords 925, 987)
14.20.320 Definitions
(69) " "Variance" means, "the relaxation of the development
requirements of this chapter to provide relief when the literal
enforcement would deprive a property owner of the reasonable use
of his real property.
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