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HomeMy WebLinkAboutResolution No. PZ2026-25 I � 710, 4 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-26 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 0490107. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Lot 3, Beaver Loop Acres Addition Number 3 KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04901070 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): 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 variance permit is being requested to best utilize the resources of the current area. The property adjacent to the northeast and southeast is a currently permitted material site and the property to the north 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. PZ2026-25 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 3, 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. PZ2026-25 Page 3 of 3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,ALASKA, THIS 26T" DAY OF AUGUST, 2026. ?Jene Baton, Chair . ATTEST: zlo.wu L g n Fvarki, Deputy City Clerk r STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-25 -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. PZ2026-25 Approving a Variance Permit for the Recommendation Surface Extraction of Natural Resources Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Lot 3 Beaver Loop Acres Addition Number 3 Property Addresses: No Physical Address KPB Parcel Nos.: 04901070 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 fifty foot (50') excavation into the setback to the south, east, and north property lines. The applicant is also requesting a zero foot(0') setback to the west property line that serves as the divider between the adjoining property also owned by Colaska. 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 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 variance permit is being requested to best utilize the resources of the current area. The properties adjacent to the south and west are currently permitted material sites and the property to the north is undeveloped wetland owned by the City of Kenai and Alaska DNR. The parcel adjacent to the west 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 variances. 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 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 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 east borders and zero foot (0') buffer to the west 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.PZ2026-25 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 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 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 Resolution No. PZ2026-25 Variance Permit Setback Requirements Page 3 of 3 KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-26 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 0490107. APPLICANT: Nick Staller PROPERTY OWNER: Colaska, Inc dba QAP PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Tract 1, Tundra Rose Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBERS: 04911029 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): 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 adjacent property to the west is an undeveloped lot owned by the Kenai Peninsula Borough. The subject parcel will be providing access to the adjacent property to the northwest, Lot 3 Beaver Loop Acres Addition Number 3, that is currently being petitioned by Colaska for a conditional use permit for extraction of natural resources. The requested variance aligns with other variance permits granted for similar sites in the area. 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. Resolution No. PZ2026-26 Page 2 of 3 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 allowed within the current zoning district subject to obtaining a CUP and 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 west property line will still allow for adequate buffer space from the adjacent undeveloped property. The properties to the north and east are both owned by the applicant and will not be impacted by the requested variance. The property line to the south will maintain the Code required two hundred foot (200') buffer from Beaver Loop Road and one hundred fifty foot (150') buffer from the property to the southwest. 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 current principal use of the property. 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 Tract 1,Tundra Rose Subdivision, 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. PZ2026-26 Page 3of3 PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 26TH DAY OF AUGUST, 2026. Jeanne Keaton, Chair ATTEST: Logan Parks, Deputy City Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT K F� 1"N' AA I TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: July 16, 2026 SUBJECT: Resolution No. PZ2026-26-Variance Permit— Setback Request The applicant is requesting a variance permit for setback requirements to the west property line Staff Adopt Resolution No. PZ2026-26 Approving a Variance Permit for Recommendation Setback Requirements to the West Property Line Applicant: Nick Staller Property Owner: Colaska, Inc dba QAP Legal Descriptions: Tract 1, Tundra Rose Subdivision Property Addresses: 2817 Beaver Loop Road KPB Parcel Nos.: 04911029 Lot Sizes: 11.64 Acres Zoning: Rural Residential Current Land Use: Material Site for Surface Extraction of Natural Resources Land Use Plan: Low Density Residential The applicant is proposing a fifty foot (50') excavation into the setback to the west property line, adjacent to a Kenai Peninsula Borough property, with no change to the setback distance from the residential lot in the southwest corner. 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 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 adjacent property to the west is an undeveloped.lot owned by the Kenai Peninsula Borough. The subject parcel will,be providing access to the adjacent property to the northwest, Lot 3 Beaver Loop Acres Addition Number 3, that is currently being petitioned by Colaska for a conditional use permit for extraction of natural resources. The requested variance aligns with other variance permits granted for similar sites in the area. 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. I 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 allowed within the current zoning district subject to obtaining a CUP and 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 west property line will still allow for adequate buffer space from the adjacent undeveloped property. The properties to the north and east are both owned by the applicant and will not be impacted by the requested variance. The property line to the south will maintain the Code required two hundred foot (200') buffer from Beaver Loop Road and one hundred fifty foot (150') buffer from the property to the southwest. 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 current principal use of the property. k Resolution No. PZ2026-26 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 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 Resolution No. PZ2026-26 Variance Permit Setback Requirements Page 3 of 3