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HomeMy WebLinkAboutPZ1998-16CITY OF KENAI PLANNING AND ZONING COMMISSION VARIANCE RESOLUTION NO. PZ98-16 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AS AUTHORIZED BY 14.20.180 OF THE KENAI zONING CODE: Applicant :Restaurants NW (Burger King} _ Located: Tract 3-B-2, CIIAP Subdivision No. 5 _ 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 for a variance has been submitted and received on March 18, 1998. 2) That this request is located on land zoned General Commercial 31 That the applicant seeks a variance from the pecified requirement of the Zoning code: KMC 14.20.220 4} a. Special conditions or circumstances are presen are peculiar to the land or structures involved which are not applicable to other and r structures in the same land use or zoning district. b. The special conditions or circums a shave not been caused by actions of the applicant and such conditions and circum ces do not merely constitute pecuniary hardship or in fence. granting of the oar r e es not authorize a use that is not a permitted principal use in th oning district in hi the property is located. d. The g nting of the ariance is the minimum variance that will provide for the reasonable use of the I d andlor tructure. e. The granting the variance is not based upon other non-conforming land uses or structures within the le land use or zoning district. 5} That a duly advertised Public Wearing according to KMC 14.20,153 was conducted by the Commission on April 8, 1998 NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.280 HAVE BEEN SHOWN TO EX157 AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, April 8 , 1998. CHAIRPERSON ATTEST: Planning Secretary