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HomeMy WebLinkAboutResolution No. PZ2026-28 J KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-28 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE 10-FOOT SETBACK ALONG THE NORTH SIDE OF PARCEL 04510014. APPLICANT: Jesse Updike PROPERTY OWNER: Jesse Updike PROPERTY ADDRESS: 503 Candlelight Way LEGAL DESCRIPTION: Lot 3, Yragui Subdivision KENAI PENINSULA BOROUGH PARCEL NUMBER: 04510014 WHEREAS, a complete application meeting the requirements of Kenai Municipal Code 14.20.180(b)was submitted to the City on August 28, 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 September 23, 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's existing residence, driveway access, and overall site layout limit the practical locations available for a detached shop. The requested location will minimize the impact of the existing improvements while allowing construction of a reasonably sized accessory building that complements the residential use of the property. 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 request is based off the property's existing configuration and site constraints rather than financial considerations. The variance is necessary to allow reasonable use of the property while accommodating the existing residence, access, and available building area. 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. Resolution No. PZ2026-28 Page 2 of 2 Findin s: The current structures on site are compliant with existing zoning code, and the proposed building would remain compliant in all ways except regarding the side yard setback. The granting of the permit would allow for the upgraded split-level structure to be constructed in place of the current existing single story accessory structure that only requires a five-foot (5') setback. The footprint of the lot would not be changing in any way as the current structure being replaced is in the same location with a five-foot (5') setback. 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 requested five-foot(5')setback variance is the minimum amount necessary to construct the proposed structure in the most practical location while maintaining the functionality of the property as it stands and preserving as much of the setback as possible. 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 request for the variance is based solely on the current physical characteristics and layout of the parcel and is not based on the existence of nearby nonconforming structures or land uses. The current greenhouse and accessory structure are compliant as only a five-foot (6) setback is required for a single-story structure. The proposed design, as shown on the attached site plan, shows the front of the structure is twelve-foot (12') tall, conducive of a single story, while the rear of the structure increases to a height of seventeen-foot (17'), which zoning code would consider a split-level structure. The applicant is requesting relief to allow reasonable use of the property while remaining consistent with the current footprint and intent of the zoning regulations. 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 10' setback along the north side of the property known as Lot 3, Yragui Subdivision, located at 503 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 applicable permits and file all required Landscaping & Site Plans prior to beginning construction. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY O E ,A SKA, THIS 23T" DAY OF SEPTEMBER, 2026. ' 4=09 Jeanne Keaton, Chair 5A T: J n i og' n Par s, DeputylCiityy Clerk STAFF REPORT PLANNING & ZONING DEPARTMENT TO: Planning and Zoning Commission FROM: Kevin Buettner, Planning Director THROUGH: Jessica See, Planning Technician DATE: September 3, 2026 SUBJECT: Resolution No. PZ2026-28 -Variance Permit—Side Yard Setback Request The applicant is requesting for a variance permit to build five feet (5') into the ten-foot(10') setback on the north side yard property line. Staff Adopt Resolution No. PZ2026-28 approving a variance permit to build Recommendation five feet (5') into the ten-foot (10') north side yard property line. Applicant: Jesse Updike Property Owner: Jesse Updike Legal Descriptions: Lot 3, Yragui Subdivision Property Addresses: 503 Candlelight Drive KPB Parcel Nos.: 04510014 Lot Sizes: .53 Acre (Approximately, 20,387 sq ft) Zoning: Suburban Residential Current Land Use: Suburban Residential Land Use Plan: Suburban Residential SUMMARY The applicant is requesting a variance permit to build 5 into the side yard setback along the north property line. The subject property is zoned Suburban Residential, and the structure being built is consistent with the definition of a split-level structure, which requires a ten-foot (10') setback. The proposed building is a 24-foot by 32-foot detached shop that will serve the existing single- family residence and provide enclosed storage and a workspace and will replace the existing greenhouse and shed that currently occupies the space. 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: As stated by the applicant, the property's existing residence, driveway access, and overall site layout limit the practical locations available for a detached shop. The requested location will minimize the impact of existing improvements while allowing construction of a reasonably sized accessory building that complements the residential use of the property. 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 applicant based the request off the property's existing configuration and site constraints rather than financial considerations. The variance is necessary to allow reasonable use of the property while accommodating the existing residence, access, and available building area. 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 current structures on site are following zoning code, and the proposed building would remain compliant in all ways except regarding the side yard setback. The granting of the permit would simply allow for the upgraded split-level structure to be constructed in place of the current existing single story accessory structure that only requires a five-foot (5') setback. The footprint of the lot would not be changing in any way as the current structure being replaced is in the same location with a five-foot (6) setback. 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 requested five-foot (5) setback variance is the minimum amount necessary to construct the proposed structure in the most practical location while maintaining the functionality of the property as it stands and preserving as much of the setback as possible. 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 applicant states that the request for the variance is based solely on the current physical characteristics and layout of the parcel and is not based on the existence of any nearby nonconforming structures or land uses. The current greenhouse and accessory Resolution No. PZ2026-28 Variance Permit Building into Setback Page 2 of 3 structure are compliant as only a five-foot (5) setback is required for a smaller single-story structure. The proposed design, as shown on the attached site plan, shows the front of the structure is twelve-foot (12) tall, conducive of a single story, while the rear of the structure increases to a height of seventeen-foot (17'), which zoning code would consider a split-level structure. The applicant is requesting relief to allow reasonable use of the property while remaining consistent with the current footprint and intent of the zoning regulations. 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 September 11, 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 Resolution No. PZ2026-28 Variance Permit Building into Setback Page 3 of 3 i i i