HomeMy WebLinkAboutOrdinance No. 2349-2008- x'~` Suggested by: Planning & Zoning Commission
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KENALALASKA
CITY OF KENAI
ORDINANCE NO. 2349-2008
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THE KENAI ZONING CODE AT KMC 14.20.180 TO PREVENT THE SAME OR
SUBSTANTIALLY SIMILAR VARIANCE PERMIT APPLICATIONS FROM BEING
CONSIDERED BY THE PLANNING 8s ZONING COMMISSION MORE THAN ONCE IN
ANY NINE MONTH PERIOD.
WHEREAS, currently under KMC 14.20.180 an unsuccessful applicant for a variance
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 variance 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, BE IT ORDAINED by the Council of the City of Kenai, Alaska that
KMC 14.20.180(fl be added to read:
Jfl A proposed variance permit shall not be considered if a
substantially similar variance permit has been considered and
denied within the nine (~ months immediately preceding.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, the 17th day of
September, 2008.
PAT PORTER, MAYOR
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Ordinance No. 2349-2008
Page 2 of 2
ATTEST:
~~ ~~
Carol L. Freas, City Clerk
Introduced: September 3, 2008
Adopted: September 17, 2008
Effective: October 17, 2008
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~~ ~ ~i`_ CITY OF KENAI
~.. - PLANNING AND ZONING COMMISSI010t
RESOLUTION NO. PZ08-47
K@NA\VA~ SIQp
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
KENAI, ALASKA, RECOMMENDING TO THE COUNCIL THAT THE KENAILONNG
CODE AT KMC 14.20.180 BE AMENDED TO PREVENT THE SAME OR
SUBSTANTIALLY SIMILAR VARIANCE PERMIT APPLICATIONS FROM BEING
CONSIDERED BY THE PLANNING & 'CONING COMMISSION MORE THAN ONCE IN
ANY NINE MONTH PERIOD.
WHEREAS, currently under KMC 14.20.180 an unsuccessful applicant for a variance 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 variance 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 variance permits;
NOW, THEREFORE, THE PLANNING AND ZONING COMMISSION OF TILE CITY OF
KENAI, ALASKA recommends that KMC 14.20.1800 be added to read:
(f) A proposed variance permit shall not be considered if a substantially
similar variance hermit has been considered and denied within the nine
(9~ months immediately preceding_
PASSED BY THE PLANNING AND 'CONING COMMISSION OF THE CITY OF KENAI,
ALASKA, this 27th day of Augi st 2008.
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I / ~ HAIRMAN
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