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HomeMy WebLinkAboutResolution No. PZ2026-15 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-15 A RESOLUTION GRANTING A VARIANCE PERMIT TO EXCAVATE 50 FEET IN THE SETBACK ON THE WEST PROPERTY LINE FOR THE PRO�iRTY LOCATED AT 2817 BEAVER LOOP ROAD. APPLICANTS: Colaska Inc., dba QAP PROPERTY ADDRESS: 2817 Beaver Loop Road LEGAL DESCRIPTION: Tract 1, Tundra Rose Subdivision KENAI PENINSULA BOROUGH PARCE ,NUMBER: 04911029 WHEREAS, a complete application meeting the/requirements of Kenai Municipal Code (KMC) 14.20.185(c) was submitted to the City on May 4, 2026; and, WHEREAS,the applicant has demonstrated that the prerequisites of a variance permit have been met pursuant to KMC 14.20.180(b); and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing, following requirements outlined in KMC 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 conditip s 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 property line on the western edge of the parcel is adjacent to an undevel0ed Kenai Peninsula Borough owned parcel, which is also a section line easement. There is one residence to the south and other gravel extraction sites active or plan n/1d around all other sides. 2. Thy 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 /convenience. Findings: Staff finds the requested variance is not intended to redress a pecuniary hardship or inconvenience by the applicant. Resolution No. PZ2026-15 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: Surface and subsurface extraction of natural resources is a conditional use only and limited to certain zoning districts. This parcel is currently under a,Conditional Use Permit and a Variance permit is not the correct method to amend that permit. 4. The granting of a variance shall be the minimum variance that will provide for the reasonable use of the land andlor structure. Findings: The granting of the variance will allow for consistent use of adjoining properties that support reduced buffers. 5. The granting of a variance shall not be based upon other nonconforming land uses or structures within the same land use or zoning districIt Findings: Buffer space from other properties will still be maintained. NOW, THEREFORE, BE IT RESOLVED BY THE P NNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: / Section 1. That the request for a variance permit is granted reduced setbacks not to be less than 50', on the parcel located at 2817 Beaver Loop Road and described as Tract 1, Tundra Rose Subdivision. Section 2. That the variance permit is bject to the following conditions: 1. Applicant(s) must comply, ith all federal, State of Alaska, and local regulations. 2. A new site plan must b submitted and approved by the Planning Director. PASSED BY THE PLANNING ND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 27T" DAY OF MAY, 202 . Jeanne Keaton, Chair ATTEST: Logan Parkss eputy City Clerk 7/ / KF A N I City of Kenai 1 210 Fidaigo Ave,Kenai,AK 99611-7794 1907.283.7535 www.kenai.city MEMORANDUM TO: Chair Keaton and Planning &Zoning Commissioners ` FROM: Kevin Buettner, Planning Director DATE: May 21, 2026 SUBJECT: Requested Postponement This memo requests a postponement of this business item. This item was given public noticing in accordance with Kenai Municipal Code (KMC) 14.20280(c), but is no longer applicable to this meeting. Upon further review, and noting errors that occur d historically, it was determined that a variance is not the proper way to address requests from the current CUP holder. Other methods, as outlined in Kenai Municipal Code may be used, pending a decision from the current CUP holder on whether they would like to continue this�`request. We request this item be postponed indfinitely. Thank you for your consideration. i � i � i ;