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HomeMy WebLinkAboutPZ03-27CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ03-27 SUBDIVISION PLAT A RESOLUTION OF THE PLANNING AND ZONING COMMISS N OF THE CITY OF KENAI RECOMMENDING THAT THE ATTACHED BDIVISION PLAT BE APPROVED SUBJECT TO THE FOLLOWING CO DITIONS: WHEREAS, the attached plat McCann Subdivision - oma Re fat was referred to the City of Kenai Planning and Zoning ommission on June 23, 2003, and received from Integrity Surveys. WHEREAS, the City of Kenai Planning and~"oning Commission finds: 1. Plat area is zoned RS - Subur said zone conditions. / and therefore subject to 2. Water and sewer: Avai ably` 3. Plat does not subdivid~ erty within a public improvement district subject to special s\~:s ents. There is not a delinquency amount owed to the City of K ~ i p~o the referenced property. 4. Installation agre t or construction of improvements is not required. 5. Status of surrau ding land is shown. 6. Utility easem nts, if required, shall be shown. 7. Plat shall rify that no encroachments exist. 8. Street mes designated on the plat are correct. 9. CO INGENCIES: a ,pd'DW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE KENAI PENINSULA BOROUGH PLANNING COMMISSION APPROVE MCCANN SUBDIVISION - LUOMA REPEAT SUBJECT TO ANY NEGATIVE FINDINGS AS STATED ABOVE. PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, ALASKA, July 9, 2003. CHAIRPERSON: ATTEST: CITY OF KENAI PLANNING AND ZONING COMMISSION FINDINGS OF FACT On July 9, 2003, the Kenai Planning and Zoning Commission reviewed the preliminary plat McCann Subdivision, Luoma Replat, submitted by Integrity Surveys. The plat requested a partial vacation of Aspen Drive. The Commission recommended the vacation be denied and incorporated staff comments as Findings of Fact for the record. (Comments attached.) DATED this 9th day of July, 2003. By: Marilyn Kebschuil, AICP Planning Administration City of Kenai FINDINGS OF FACT KENAI PLANNING & ZONING COMMISSION Page 1 of 1 STAFF REPORT To: Planning & Zoning Commission Date: June 25, 2003 Res: PZ03-27 GENERAL INFORMATION Applicant: Integrity Surveys 283-9047 605 Swires Road Kenai, AK 9961 1 Requested Action: Preliminary Plat Legal Description: McCann Subdivision -- Luoma Replat - A replat of Lot 1, Block 1, McCann Subdivision and a partial vacation of Aspen Drive Street Address: 1107 Fourth Avenue KPB Parcel No.: 04309026 1=xisting Zoning: RS -Suburban Residential Current Land Use: Residential Land Use Plan: Medium Density Residential ANALYSIS This is a replat of Lot 1, Block 1. The replat increases the lot size by vacating a portion of Aspen Drive right-of-way. The resulting lot meets zone requirements for lot size. The vacation, as proposed, will alleviate the building crossing the property line; however, a building encroachment still exists. The vacation width varies and follows the outline of the building along Aspen Drive. The vacation provides afive-foot setback along the west side of the building. According to Kenai Peninsula Borough assessing records, the structure was built in 1960. And, also according to KPB records, McCann Subdivision was recorded in 1969. Based on this information, the structure was present when the subdivision was recorded. It is unclear whether or not the original structure had additions after 1969 that may have caused the encroachment. The vacation, as proposed, leaves the right-of-way (Aspen Drive} +1- 42.77 feet at its minimum width becoming larger as it proceeds south. KMC 14. 10.070 {b){2} states, "The minimum width for minor streets shall be sixty {60} feet, except that the Kenai City Planning and Zoning Commission may, in its 03-27 Comment.dac Page 2 discretion by a majority vote of its members, lessen this distance to not less than fifty {50} feet..." Aspen Drive is an improved, gravel street that is maintained by the City. There are five parcels that are accessed via Aspen Drive. Two of these parcels are improved and three are vacant. The building setbacks in the Suburban Residential Zone for atwo-story, corner lot are 25-feet front setbacks on sides fronting streets, 15 feet side setbacks, and 20-foot rear setback. Even if the vacation is granted, the structure will encroach 20-feet into the setback on Aspen Drive and an unknown distance on the 4th Avenue side. The structure is defined as a non-conforming structure as noted in KMC 14.20.050{d}. The non-conforming status allows the structure to remain subject to three conditions: "No structure may be enlarged or altered in a way which increases its nonconformity; should the structure be destroyed by any means to an extent of more than fifty percent {50%} of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter; and, should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the zone in which it is located after it is moved." City Engineer: Even a minimal vacation creates asub-standard street right-of-way that affects further improvement to Aspen Drive. Public Works Manager: KMC 18.10.030 notes street improvements supposed to be a minimum width of 30 feet. This requires a road right-of-way of at least 50 feet, but 60 feet is desirable for snow storage. Recommend maintaining the existing 60-foot right- of-way. Building Official: Due to the public way being on two sides, the building code does not require a minimum setback on those sides. The applicant wishes to remodel the existing building, more specifically the side fronting on 4th Avenue and a portion fronting on Aspen Drive. If a vacation allowing fora 50' right-of-way were granted, remodel of the existing structure could be allowed provided an encroachment permit is approved for the front setbacks. With the vacation and the encroachment, a building permit could be issued for the remodel. 03-27 Conunent.doc RECOMMENDATIONS Page 3 The vacation of a portion of Aspen Drive results in a substandard right-of-way width. Kenai Municipal Code does not provide for right-of-ways less than 50- feet wide. To clarify the Building Official's comments, to meet the 50' right-of-way a portion of the structure must be removed. In addition, an application for an encroachment for the front setbacks on Aspen Drive and 4t" Avenue must be submitted and approved by the Planning Commission. It is unclear how large the encroachment would be but it appears it would be excessive. Even after removing a portion of the structure, there would be little or no setback along Aspen Drive. This does not appear a reasonable alternative. The structure is considered non-conforming and may continue under the conditions as listed above. This vacation will affect neighboring property owners. Because of these reasons, it is recommended the vacation be denied. ATTACHMENTS: 1. Resolution No. PZ03-27 2. Preliminary Plat