HomeMy WebLinkAboutResolution No. PZ2026-09 • j
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KENAI
CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ2026-09
A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO
THE 20' SETBACK ALONG THE NORTH SIDE OF PARCEL 04515303.
APPLICANT: Aleksey Rytikov, DBA A7 Construction
PROPERTY OWNER: Jonathan Coats
PROPERTY ADDRESSES: 209 Candlelight Way
LEGAL DESCRIPTIONS: Lot 1, Ropers Subdivision
KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04515303
WHEREAS, a complete application meeting- the requirements of Kenai Municipal Code
14.20.185(c)was submitted to the City on April 1, 2026; and,
WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have
been met pursuant to Kenai Municipal Code 14.20.180(b); and,
WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised
public hearing on April 29, 2026, 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
14.20.180(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 subject property currently has double frontage access, as it borders two
City streets. With the proposed build the double frontage will be eliminated, as it would
have one access/driveway onto one street. This would be key to eliminating a potential
traffic conflict point.
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: The double frontage pre-dates the current ownership. Staff finds that the
request has not been caused by any actions on behalf of the property owner or petitioner.
Resolution No. PZ2026-09
Page 2 of 2
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 granting of the variance will resolve the double frontage. Furthermore, it
will allow for the site plan to comply with City requirements,for the construction of two new
multi-family structures, which is a much-needed commodity within the community.
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: Granting the variance will improve safety and bring the property into code
compliance by reducing access to a single-entry point. The building will be placed in the
northwest corner, with the northeast used for snow storage and a 20-foot east setback,
ensuring clear visibility at Kaknu Way and Candlelight Drive. The north side will function
as a side yard, with a 10-foot setback exceeding the 5-foot minimum required in this zone.
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 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 to build into the 20' setback along the north
side of the property known as Lot 1, Ropers Subdivision, located at 209 Candlelight
Way, be approved.
Section 2. That the variance permit is subject to the following conditions:
1. Applicant must comply with all federal, State of Alaska, and local regulations.
2. Applicant must obtain all applicable permits and file all required Landscaping & Site
Plans prior to beginning construction.
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA,
THIS 13T" DAY OF MAY, 2026.
ne Keaton, Chair
ATT T
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Lg n ark , Dep ty City Clerk
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STAFF REPORT
PLANNING & ZONING DEPARTMENT
PNAI
TO: Planning and Zoning Commission
FROM: Kevin Buettner, Planning Director
THROUGH: Jessica See, Planning Technician
DATE: April 15, 2026
SUBJECT: Resolution No. PZ2026-09-Variance Permit— Frontage Setback
Request The applicant is requesting for a variance permit to build into the 20-
foot setback on the north side of the lot.
Staff Adopt Resolution No. PZ2026-09 Approving a Variance Permit to build
Recommendation into the 20-foot setback on the north side of the lot.
Applicant: Aleksey Rytikov DBA A7 Construction
Property Owner: Jonathan Coats
Legal Descriptions: Lot 1, Ropers Subdivision
Property Addresses: 209 Candlelight Way
KPB Parcel Nos.: 04515303
Lot Sizes: .46 Acre (20,038 square feet)
Zoning: Suburban Residential
Current Land Use: Suburban Residential
Land Use Plan: Suburban Residential
SUMMARY
The subject-property is zoned Suburban Residential, which requires a twenty foot (20') front and
rear setback. This .46-acre property is'a'corner lot with double frontage along Candlelight Drive
and Kaknu Way. As shown in the attached site plan, the sole entry to the property will be from
Candlelight Drive. The north side of the lot along Kaknu Way will act as a side lot line and will be
blocked with a structure creating a solo entry from the east.The applicant is requesting a variance
to allow them to treat the north side of the lot as a side setback, which requires only five feet (5')
of setback, allowing the proposed structure on the north side to be built ten feet (10') into the
current twenty-foot (20') setback.
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 subject property currently has double frontage access;With the proposed build
the double frontage will be eliminated and eliminating a secondary traffic conflict point.
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: The double frontage pre-dates the current ownership. Staff finds that the request
has not been caused by any actions on behalf of the property owner or petitioner.
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 granting of the variance will resolve the double frontage. Furthermore, it will
allow for the site plan to comply with City requirements, for the construction of two new multi-
family structures, which is a much-needed commodity within the community.
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.
Findings: Granting the variance will improve safety and bring the property into code
compliance by reducing access to a single-entry point. The building will be placed in the
northwest corner, with the northeast used for snow storage and a 20-foot east setback,
ensuring clear visibility at Kaknu Way and Candlelight Drive. The north side will function as a
side yard, with a 10-foot setback exceeding the 5-foot minimum required for this zone.
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
Findings. 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.
Resolution No. PZ2026-09
Variance Permit
Building into Setback Page 2 of 3
i PUBLIC NnTICE
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
properties. City staff published notice of the public hearing in the Peninsula Clarion on May 8,
2026. The property owner submitted an Affidavit of Posting verifying a sign was placed on the
parcel with information on the public hearing for the variance permit request.
No public comment has been received at the time of this report and there are no stated objections
to the variance permit.
STAFF RECOMMENDATION
Staff finds that the proposed variance request 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. Applicant must obtain applicable permits and file all required Landscaping & Site Plans
prior to beginning construction.
ATTACHMENTS
Aerial Map
Application
Site Plan
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Resolution No. PZ2026-09
Variance Permit
Building into Setback Page 3 of 3
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