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HomeMy WebLinkAboutResolution No. PZ2011-35theccYof KENAI, ALASKA "Village with a Past, CI with aFFutrure" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / Fax: 907 - 283 -3014 www.ci.kenai.ak.us CITY OF KENAI PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ11 -35 VARIANCE PERMIT A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI GRANTING A VARIANCE AUTHORIZED BY 14.20.180 OF THE KENAI ZONING CODE; NAME: Kenaitze Indian Tribe LOCATED: Townsite of Kenai Kenaitze Addition Subdivision — Preliminary Plat Including Multiple Parcels Street Address KPB Parcel No. 505 Overland Avenue 04707105 503 Overland Avenue 04707104 501 Overland Avenue 04707103 499 Overland Avenue 04707102 1008 Overland Way 04707115 1009 Overland Way 04707113 1007 Overland Way 04707114 1005 Overland Way 04707125 1003 Overland Way 04707124 1008 Mission Avenue 04707110 None 04707111 1006 Mission Avenue 04707112 1004 Mission Avenue 04707119 508 Upland Street 04707128 506 Upland Street 04707116 WHEREAS, The Commission finds that Section 14.20.180 provides that a variance from the strict provisions of the zoning code may be granted by the Commission if all conditions specified in 14.20.180 are met, and WHEREAS, the City of Kenai Planning and Zoning Commission finds: PZ11 -35 — Resolution Page 2 1. That an application meeting the requirements of Section 14.20.180 (b) has been submitted and received on: September 21, 2011. 2. This request is located on land zoned: Townsite Historic Zoning District 3. Kenai Peninsula Borough Parcel No: See above table. 4. That the applicant seeks a variance from the specified requirement of the Zoning code: KMC 14.20.105(c) — Building Size. 5. a. 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. b. 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. c. The granting of the variance does not authorize a use that is not a permitted principal use in the zoning district in which the property is located. d. The granting of the variance is the minimum variance that will provide for the reasonable use of the land and/or structure. e. The granting of the variance is not based upon other non - conforming land uses or structures within the sale land use or zoning district. 6. That a duly advertised public hearing as required by KMC 14.20.153 was conducted by the Commission on: October 12, 2011 7. Applicant must comply with all Federal, State, and local regulations. 8. Approval contingent on: a. Conditional Use Permit PZ11 -36 must be approved. b. Contingent upon the recording of Townsite of Kenai Kenaitze Addition Subdivision Preliminary Plat. NOW, THEREFORE, BE IT RESOLVED, BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF KENAI THAT THE CONDITIONS SPECIFIED IN 14.20.180 HAVE BEEN SHOWN TO EXIST AND THEREFORE GRANTS THE VARIANCE. PASSED BY THE PLANNING AND ZONING COMMISSIO KENAI, ALASKA, 0 TO : A i 12 2011 CHAIRPERSON: ATTEST: OF THE CITY OF