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HomeMy WebLinkAboutPZ06-06tLS~~ ~. CITY OF KENAI _ -~ PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ06-06 the city of ENCROACHMENT PERMIT KENA~ SKA A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A REQUEST FOR AN ENCROACHMENT PERMIT TO: NAME: USE: LOCATED: _ii~ (Street Address/Legal Description) KENAI PENINSULA BOROUGH PARCEL NO: WHEREAS, the Commission finds: 1. 2. 3. 4 5. 6. That an application meeting the requirements of Section and received on: December 30 2005 This request is on land zoned: RR -Rural Residen ' 1 That the applicant has demonstrated with plans other documents that they can and will meet the following specific requirem is as set orth in Section 12.20.185 (d): a. An encroachment as d fi ed i C 14.20.185 (a) exists. b. The encroachment does t ncroach upon a Federal, State or City right-of- way or utility Basemen . c. The issuance of the e c achment permit will not authorize a use, which is not a principal pe d use in the zoning district in which the property is d. The enc That a duly advertised Commission on: Janul Applicant must compl: The following addition is not located across a platted lot line -ing as required by KMC 14.20.280 was conducted by the Pith all Federal, State, and local regulations. requirements must be met. NOW, THEREFO , BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION O THE CITY OF KENAI THAT THE APPLICANT HAS DEMONSTRATED THAT THE PR OSED DEVELOPMENT MEETS THE CRITERIA FOR SAID PERMIT AND THE ORE THE COMMISSION DOES AUTHORIZE THE ADMINISTRATIVE OFFICIAL O ISSUE THE APPROPRIATE PERMIT. PASS BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI, AL KA, January 25, 2006. 20.185 (c) has been submitted CHAHtPERSON: ATTEST: d~~l~J STAFF REPORT To: Planning & Zoning Commission Date: January 9, 2006 Res: PZ06-06 GENERAL INFORMATION Applicant: Richard Alexander 283-7661 2655 Watergate Way Kenai, AK 9961 1 Requested Action: Legal Description: Street Address: KPB Parcel No.: Existing Zoning: Current Land Use: Land Use Plan: ANALYSIS Encroachment -Side Setback (1 1 feet) Lot 9A, VIP Park Estates -Alexander Replat 2655 Watergate Way 04943035 RR -Rural Residential Residential Rural Residential General Information: KMC 14.20.185 details the definition, intent, and permit application process for Encroachment Permits. Code also lists the review criteria that should be considered by the Planning and Zoning Commission when determining if a permit should be granted. The Commission is to establish that the following conditions exist before issuing an Encroachment Permit: 1 . An encroachment as defined in KMC 14.20.185 la) exists. 2. The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. 3. The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. 4. The encroachment is not located across a platted lot line. 0606 Comment.doc Page 2 In December 2005, the Building Official noticed that an addition to the house and a carport had been constructed at this location without a building permit. The Building Official sent Mr. Alexander a letter advising him that he was in violation of the City's code and must apply for a building permit. Upon receipt of the letter, Mr. Alexander contacted the City. During the application process, it was noted that the carport was constructed into the side-yard setback creating an encroachment of approximately 1 1 feet. Mr. Alexander is now applying for an encroachment permit for the carport. To issue the permit, the Commission must determine that the application meets the following criteria: - An encroachment as defined in KMC 14.20.185 (a) exists. KMC 14.20.185 (a) defines encroachment as, "means any object or structure above or below ground and constructed or located in a manner other than set forth in the Development Requirements Table. " The carport is constructed in the setback and meets the definition of an encroachment. - The encroachment does not encroach upon a Federal, State or City right-of-way or utility easement. There is no right-of--way or easement along this lot line. - The issuance of the encroachment permit will not authorize a use which is a not a principal permitted use in the zoning district in which the property is located. Carports are permitted accessory structures in this zone. - The encroachment is not located across a platted lot line. The structure is approximately 4 feet from the lot line and does not cross the line. City Engineer: Nothing additional. Building Official: Upon inspection, the carport has been built with wooden posts embedded in concrete. The distance of the post nearest to the property line is 3'2". The encroachment is actually 11'10". A U-occupancy (garage/carport) is allowed by building code three with athree-foot setback without special construction. If this encroachment is granted, it will not be in violation of the current building code. RECOMMENDATIONS The carport was built without a building permit. If Mr. Alexander had applied for a building permit, he would have been advised of the building setback 0606 Comment.doc Page 3 requirements. Even though the carport does not seem to have affected adjoining property owners, the encroachment appears excessive. This property is located in the Rural Residential Zone. The intent of the zone is "to provide for low density residential development in outlying and rural areas in a form which creates a stable and attractive residential environment." The code goes on to note, "The specific intent in establishing this zone is: (7) To separate residential structures to an extent which will: (i) Preserve the rural, open quality of the environment... " The setbacks in the zone are intended to preserve the separation. Building Official Springer conducted an inspection on the carport. He noted the encroachment is larger than Mr. Alexander shows in his application and is actually 11'10" into the 15-foot setback. Mr. Springer notes the carport meets the building code for setback from the property line. The encroachment is excessive. Recommend the request be denied. If the Commission grants the encroachment, recommend: 1. The permit is limited to the carport as constructed. 2. No further construction on the structure is permitted including additions that would increase the non-conformity of the structure. 3. That the carport must be maintained as a carport and may not be enclosed as a garage or other residential structure. ATTACHMENTS: 1. Resolution No. PZ06-06 2. Application 3. Site Plan