HomeMy WebLinkAboutResolution No. PZ78-24A RESOLUTION OP' THE KENAI ADVISORY PLANNING ZONING COMMISSION
RELATIVE TO THE VARIANCE REQUEST OF RICHARD BROWN D /B /A. PENINSULA
CAMPER REPAIR
WHEREAS, the applicant, Mr. Richard Brown, has filed a request for a variance
to allow for the use of this property as a camper repair establishment; and,
WHEREAS, proper notice has been given to the adjoining property owners rela-
tive to his request; and,
WHEREAS a public hearing was held, on the matter July 12 and 18., 1978, where
in the public was given opportunity to be heard; and,
WHEREAS, the Board has determined upon review and advice of counsel and the
borough planning advisor that a variance is not the proper procedural avenue
to handle this request, because it is a request for a different use of property than
is permitted under the Zoning Code; and,
WHEREAS, Mr. Brown's application may considered as a request for conditional
use of the property; and,
WHEREAS, as a request for a conditional use, the application must be denied be-
cause this Board finds that the RURAL RESIDENTIAL zone in which Mr. Brown's
property lies cannot under the Code support a conditional use of a camper repair
service since the requested use is not similar to and in harmony with the principal
uses permitted in the zone.
NOW, THEREFORE, be it resolved by the Kenai Advisory Planning Zoning Com-
mission that Section:
PASSED by the Advis
this clay of
ATTE "1':
CITY OF KENAI
RESOLUTION NO. PZ 78 -34
1978.
d Brown is treated as a conditional
(A) The application of
use permit request;
(B) As such, the application is denied for the reasons enamors
above.
r Planning and Zoning Cornmisi.on of the City of Kenai, AK.
ROL i I} RA 'MOND CI I
August 4, 1978
Mr. Richard Brown
P. 0. Box 2733
Kenai, Alaska 99611
Re: Peninsula Camper Repair
Dear Mr. Brown:
On Wednesday July 26, 1978, the Kenai Advisory Planning
Commission reconsidered your variance application which you
submitted at the previous meeting of July 18, 1978.
The Planning Commission reconsidered. and rescinded its previous
action in denying the variance request and requiring the termination
of the illegal use by September 1, 1979. In its place the com-
mission treated your application as an application for a conditional
use (instead of a variance which is procedurally an inaccurate
term for this request) and denied the same.
Since the Board denied your request to use the subject property
as a camper repair service, it falls upon the City administration
to,erforce the..Borough Zoning Ordinance in preventing the
present use of your property as a camper repair service.
We realize the unusual circumstances under which you began
your operations on this property namely your reliance upon
an appraisal stating that the subject property was u.nrestrieted
Since it may cause a hardship to you to immediately terminate
your use of the subject property as a camper repair service,
we are requesting that you make every °fort. in Closing down
your operations at this location within th n.e Eii' 2_tk
11 TCeeeh in close con: n 550nit0) your
s the il1esta ;r:: of 11 e property..
b 0u f o our g anti faith effort in 7,eki
comply .7`•.:h the 13 501.1 i. C:1'-. hog In (Irian by at laa;st 1
application y or a con x1
could not prop P0. 3 CdC hy th
Enclosed
Kerial Advisor r'J nni
application.
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