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HomeMy WebLinkAboutResolution No. PZ2026-24 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-24 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 04901069. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Lot 2, Beaver Loop Acres Addition Number 3 KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901069 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.185(c)was submitted to the City on May 5, 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 July 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): 9. 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 variance permit is being requested to best utilize the resources of the current area. The property adjacent to the south is a currently permitted material site and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. The parcel adjacent to the east is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit (CUP) of the same type with similar buffer variance requests. Resolution No. PZ2026-24 Page 2 of 3 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 proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. 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 proposed use is conditionally allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. 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: The proposed buffer of fifty feet (50') along the north, south, and west borders and zero foot (0) buffer to the east would still allow for an adequate divide between sites while allowing for a better utilization of land space.As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. 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 requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the CUP. 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 setbacks for the expanded surface extraction of natural resources of the property known as Lot 2, Beaver Loop Acres Addition Number 3, 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. Resolution No. PZ2026-24 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26T" DAY OF AUGUST, 2026. .lea ne Keaton, Chair ATTEST: o an Par , Deputy City Clerk STAFF REPORT x PLANNING & ZONING DEPARTMENT KPNAI TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-24 -Variance Permit—Setback Request The applicant is requesting a variance permit for setback requirements for the surface extraction of natural resources Staff Adopt Resolution No. PZ2026-24 Granting a Variance Permit for the Recommendation Surface Extraction of Natural Resources Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Lot 2 Beaver Loop Acres Addition Number 3 Property Addresses: No Physical Address KPB Parcel Nos.: 04901069 Lot Sizes: 28.45 Acres Zoning: Rural Residential Current Land Use: Vacant/ Undeveloped Land Use Plan: Parks, Recreation, & Open Space SUMMARY The applicant is proposing a one-hundred foot (100') excavation into the setback to the south, west, and north property lines. The applicant is also requesting a zero foot(0) setback to the east property line that serves as the divider between an adjoining property also owned by Colaska. This would leave a fifty foot (50') setback on the south, west, and north property lines. ANALYSK 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 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. __�3.. . The variance permit is being requested to best utilize the resources of the current area. The property adjacent to the south is a currently permitted material site and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. The parcel adjacent to the east is another lot owned by the applicant that is also undergoing the application process for a Conditional Use Permit(CUP)of the same type with similar buffer variance requests. 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 proposed request is consistent with that of adjoining properties. There are no special conditions or circumstances caused by actions of the applicant and the request does not merely constitute a pecuniary hardship or inconvenience. 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 proposed use is conditionally allowed within the current zoning district subject to obtaining a CUP. The applicant is in the application process of obtaining the CUP in conjunction with the variance request and the use is appropriate given the surrounding existing material extraction sites adjacent to the subject lot. The variance request does not alter the principal use of the area. 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: The proposed buffer of fifty feet(50') along the north, south, and west borders and zero foot (0') buffer to the east would still allow for an adequate divide between sites while allowing for a better utilization of land space. As stated by the applicant, the granting of the variance request is anticipated to increase the usable material site area by 32% by adding 18.5 acres of useable extraction area. 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 requested variance is not based on other non-conforming land uses or structures within the same land use or zoning district and will not alter the principal use of the property that is approved with the granting of the.CUP. Resolution No. PZ2026-24 Variance Permit Setback Requirements Page 2 of 3 PUBLIC NOTICE 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 July 17, 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 -)TAFF 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 Resolution No. PZ2026-24 Variance Permit Setback Requirements Page 3 of 3