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CITY OF KENAI
PLANNING AND ZONING COMMISSION
RESOLUTION NO. PZ06-40
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE KENAI ZONING
CODE AT KMC 14.20.150 BE AMENDED TO PREVENT THE SAME OR
SUBSTANTIALLY SIMILAR CONDITIONAL USE PERMIT APPLICATIONS FROM
BEING CONSIDERED BY THE PLANNING & ZONING COMMISSION MORE THAN
ONCE IN ANY NINE MONTH PERIOD.
WHEREAS, currently under KMC 14.20.150 an unsuccessful applicant for a conditional use
permit may reapply for the same or a substantially similar permit immediately after being turned
down by the Planning & Zoning Commission or the Board of Adjustment; and
WHEREAS, allowing reapplication soon after being turned down for a conditional use permit
that is the same or substantially similar places an undue burden on the public wishing to
participate in the permit process; and
WHEREAS, a nine (9) month moratorium on reapplication for the same or a substantially similar
permit will ease the undue burden on the public while allowing reapplication within a reasonable
time; and
WHEREAS, an applicant may still reapply within the nine (9) month period if the subsequent
application is not substantially similar to the previously rejected application; and
WHEREAS, it is in the best interest of the City of Kenai to enact a nine (9) month moratorium
on submittal of the same or substantially similar conditional use permits;
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA recommends that KMC 14.20.150(j) be added to read:
(j) A proposed conditional use permit shall not be considered if a
substantially similar conditional use permit has been considered and
denied within the nine (9) months immediatel~preceding_
PASSED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 14th day of June, 2006. ~j-',~
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