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HomeMy WebLinkAboutResolution No. PZ2026-35 . i KENAI CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-35 A RESOLUTION GRANTING THE APPLICATION FOR A VARIANCE PERMIT TO BUILD INTO THE SETBACKS FOR EXPANDED SURFACE EXTRACTION OF NATURAL RESOURCES ON PARCEL 049010,8, APPLICANT: River Resources LLC PROPERTY OWNER: City of Kenai PROPERTY ADDRESSES: No Physical Address LEGAL DESCRIPTIONS: Lot 1, Beaver Loop Acres Addition Number 3 KENAI PENINSULA BOROQGH PARCEL NUMBER: 04901068 WHEREAS, a complete application`,meeting the requirements of Kenai Municipal Code 14.20.180(c)was submitted to the City on,September 22, 2026; and, WHEREAS, the applicant has demonstrated that the prerequisites of a Variance Permit have been met pursuant to Kenai Municipal Code 14.200..180(b); and, WHEREAS, the City of Kenai Planning and Zonincg,.Commission conducted a duly advertised public hearing on October 2, 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 properties adjacent to the east and south are currently permitted material sites and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. 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. Resolution No. PZ2026-35 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 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 andlor structure. Findings: The proposed buffer of fifty feet(50') along the north, east, and west boundaries and one hundred-foot (100') buffer along the southern boundary 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 expand the usable material site area from 14.65 acres to 22.43 acres, an increase of 53%. 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 1, 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. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, THIS 14T" DAY OF OCTOBER, 2026. Jeanne Keaton, Chair ATTEST. Logan Parks, Deputy City Clerk 1 STAFF REPORT ti• PLANNING & ZONING DEPARTMENT K N TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Land Management Analyst DATE: September 28, 2026 SUBJECT: Resolution No. PZ2026-35 -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. PZ2026-35 Granting a Variance Permit for the Recommendation Surface Extraction of Natural Resources Property Owner: City of Kenai Applicant: River Resources LLC Legal Description: Lot 1 Beaver Loop Acres Addition Number 3 Property Address: No Physical Address KPB Parcel No.: 04901068 Lot Sizes: 28.63 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 one hundred fifty-foot (150') setback to the north and west, and one hundred fifty feet (150') into the two-hundred-foot setback to the east and south property lines, adjacent to rights-of-way. This would leave a fifty- foot(50') setback on the north, east, and west boundaries, and a one hundred-foot(100') setback along the southern boundary. 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 east and south are currently permitted material sites and the property to the north and west are undeveloped wetlands owned by the City of Kenai and Alaska DNR. 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, east, and west boundaries and one hundred-foot (100') buffer along the southern boundary 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 expand the usable material site area from 14.65 acres to 22.43 acres, an increase of 53%. 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. PZ2026-35 Variance Permit Setback Requirements Page 2 of 3 PUBLIC NOTICL Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the variance permit were mailed to property owners within a three hundred-foot(300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion on October 2, 2026. Pursuant to KMC 14.20.280(d), no sign was posted on the subject property as there are no improved streets adjacent to the subject property. 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 C Resolution No. PZ2026-35 Variance Permit Setback Requirements Page 3 of 3 I E N A '1 CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ2026-36 A RESOLUTION APPROVING THE WITHDRAWAL OF THE APPLICATION FOR A VARIANCE PERMIT AT 2817 BEAVER LOOP ROAD, ON PARCEL NO. 04911029, PREVIOUSLY APPROVED BY RESOLUTION NO. PZ2026-26. WHEREAS a complete application meeting the requirements of Kenai Municipal Code 14.20.180(c)was submitted to the City on May 5, 2026; and, WHEREAS, the City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on August 26, 2026, following requirements outlined in Kenai Municipal Code 14.20.280 for public hearings and notifications; and, WHEREAS, the City of Kenai Planning & Zoning Commission passed Resolution No. PZ2026- 26, granting a Variance Permit for expanded surface extraction of natural resources on parcel 04911029; and, WHEREAS, the decision was appealed to the Board of Adjustment by an aggrieved party in accordance with KMC 14.20.290—Appeals-Board of Adjustment; and, WHEREAS, the applicant requested to withdraw their application for a Variance Permit on September 22, 2026; and, WHEREAS, a resolution is required to provide a complete legislative history. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA: Section 1. That Resolution No. PZ2026-36 is hereby adopted. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,ALASKA, THIS 14T" DAY OF OCTOBER, 2026 Jeanne Keaton, Chair ATTEST: Logan Parks, Deputy City Clerk '- STAFF REPORT �• PLANNING & ZONING DEPARTMENT K. F. N t-'-% I TO: Planning and Zoning Commission THROUGH: Kevin Buettner, Planning Director FROM: Brandon McElrea, Land Management Analyst DATE: September 28, 2026 SUBJECT: Resolution No. PZ2026-36 —Withdrawal of Application for Variance Request The applicant is requesting to withdraw a variance permit for setback requirements for the surface extraction of natural resources previously approved by Resolution No. PZ2026-26. Staff Adopt Resolution No. PZ2026-36 Approving the Withdrawal of the Recommendation Application for a Variance Permit for the Surface Extraction of Natural Resources SUMMARY The applicant is seeking to formally withdraw the application for a Variance Permit on Parcel No. 04911029, located at 2817 Beaver Loop Road. ANALYSIS The applicant initially submitted a complete application that met the requirements of Kenai Municipal Code (KMC) 14.20.180(c). The City of Kenai Planning and Zoning Commission conducted a duly advertised public hearing on August 26, 2026, following requirements outlined in KMC 14.20.280 for public hearings and notifications. At this meeting, the Planning and Zoning Commission passed Resolution No. PZ2026-26, granting a Variance Permit for expanded surface extraction of natural resources on Parcel 04911029. This decision was appealed by an aggrieved party to the Board of Adjustment in accordance with KMC 14.20.290. The applicant, upon notification of the appeal, chose to withdraw the application on September 22, 2026. In order to make a complete legislative history, it was recommended by Administration to ask the Planning & Zoning Commission to pass a subsequent resolution to document this withdrawal. PUBLIC NOTICI Pursuant to Kenai Municipal Code 14.20.280(c) notices of the public hearing for the variance permit were mailed to property owners within a three hundred-foot (300') periphery of the subject property. City staff published notice of the public hearing in the Peninsula Clarion on October 2, 2026. No public comment has been received at the time of this report and there are no stated objections STAFF RECOMMENDATION Staff recommends that the Planning and Zoning Commission approve Resolution No. PZ2026- 36, approving the withdrawal of the application for a variance permit at 2817 Beaver Loop Road on Parcel 04911029, previously approved by Resolution No. PZ2026-26. Resolution No. PZ2026-36 Variance Permit Withdrawal Page 2 of 2