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BELLS FLATS TR D-1 OF TR A - Variance (2)Royal Large Box 2634 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 August 17, 1989 Re: Case 88.046. Request for a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) (Yards) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an l -- Industrial Zoning District. Tract D -1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. Dear Mr. Large: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 16, 1989, approved the request for the two (2) year extension cited above, subject to the following condition: 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The intent of this condition is to prohibit a loading dock and /or parking in front of the building adjacent to Sargent Creek Road. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten (10) days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) days following the decision. Failure to utilize this approval within twenty -four (24) months after its effective date shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain zoning compliance for any construction on the property. Kodiak Island Borough Royal Large August 17, 1989 Page Two The Commission also confirmed the findings of fact in the original variance approval in support of their decision. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department G) Letter dated August 14, 1989, to Patrick Pikus and Phil Fogel from Bob Scholze, re: Lot 5A-1, U.S. Survey 3098 - 2015 Mill Bay Road - Storage in Airport Parking Zone. H) Letter dated August 15, 1989, to Peter and Diedre Bailey from Bob Scholze, re: Portion of Lot 18A, U.S. Survey 3100 - 3284 Spruce Cape - Clean-up. I) Letter dated August 16, 1989, to Dave Imus, Mike Waller, and Scott Arndt, Island Cable TV, from Bud Cassidy, re: Stop Work Order - Use of Kodiak Island Borough rights-of-way (with attachments) AGENDA DELETIONS X REPORTS A) Community Development Department Monthly Status Report B) Report on Abbreviated and Final Plats COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the regular meetings of June 21 and July 19, 1989 and the Special Meeting of July 26, 1989, as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Case 88-046. Request for a two (2) year extension of a iirOviously approved variance from Section 17.24.040(A)(1) (Yards) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal Large) P & Z Minutes: August 16, 1989 Staff recommended that the Commission grant a two (2) year extension of this previously approved variance. In addition, staff requested that the Commission clarify the intent of the original condition of approval. COMMISSIONER KNUDSEN MOVED TO GRANT a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty foot front yard setback in an I--Industrial Zoning District on Tract D-1 of Tract A, Bells Flats Alaska Subdivision; and to confirrn the findings of fact in the original variance approval. Page 2 of 20 The motion was seconded and CARRIED by unanimous voice vote. CONDITION OF APPROVAL 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The intent of this condition is to prohibit a loading dock and/or parking in front of the building adjacent to Sargent Creek Road. B) Request for Planning and Zoning Commission review in accordance with Section 17.33.020 (Permitted Uses) of the Borough Code, of a detailed site plan depicting a proposed neighborhood park/playground development to be located in the PL--Public Use Lands Zoning District. Lot 1A, Tract A, U.S. Survey 3465. (Kodiak Island Borough) Staff recommended that the Commission approve this site plan as being consistent with the requirements of the Borough Zoning Code, specifically Chapter 17.57. Parking and Chapter 17.33 PL--Public Use Lands. A discussion ensued among the Commissioners, the Resource Management Officer, and the Community Development Director, regarding off-street parking and traffic circulation. COMMISSIONER KNUDSEN MOVED TO APPROVE the site plan depicting a proposed neighborhood park/playground development to be located in the PL--Public Use Lands Zoning District on Lot 1A, Tract A, U.S. Survey 3465, finding that the plan is consistent with the applicable provisions of the zoning code, specifically Sections 17.33 and 17.57. The motion was seconded and CARRIED by unanimous voice call vote. There were no further audience comments or appearance requests. VI. PUBLIC HEARINGS A) Case 89-043. Request for review by the Planning and Zoning Commission in accordance with Sections 18.20.030 (Review by Planning Commission--Assembly Approval) and 18.20.1006 (Disposal for Fair Market Value) of the Borough Code of a disposal by easement of Borough land for less than fair market value to the Kodiak Electric Association to provide a forty (40) foot electrical easement to allow for the installation of a three (3) phase overhead electrical distribution line to replace the existing underground lines. Portion of Section 13, Township 27 South, Range 20 West Seward Meridian; generally located downstream from Monashka Creek Dam. (Kodiak Island Borough/Kodiak Electric Association) LINDA FREED indicated 6 public hearing notices were mailed and none were returned. Staff recommended that the Planning and Zoning Commission recommend that the Borough Assembly approve of the disposal of this property to the Kodiak Electric Association. Regular Session Closed. Public Hearing Opened: P & Z Minutes: August 16, 1889 Page 3 of 20 DATE: TO: FROM: SUBJECT: RE: ITEM V-A Kodiak Island Borough MEMORANDUM August 2, 1989 Planning and Zoning Commission Community Development Department Information for the August 16, 1989 Regular Meeting Case 88-046. Request for a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) (Yards) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal Large) BACKGROUND The Planning and Zoning Commission granted the above referenced variance at the regular meeting of August 17, 1988. Staff has included a copy of the action letter from this original approval which shows the condition of approval and findings of fact. A site visit to the property on August 1, 1989 indicates that the conditions on the lot are substantially the same as when the variance was originally granted. The variance was approved with one condition of approval as listed below: 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. RECOMMENDATION: Staff recommends that the Commission grant a two (2) year extension of this previously approved variance. In addition, staff requests that thecommission clarify the intent of the original condition of approval. Appearance Request A Page 1 of 2 P&Z: August 16, 1989 ITEM V-A APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for a two (2) year extension of a previously approved variance from Section 17.24.040(A)(1) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty foot front yard setback in an I--Industrial Zoning District on Tract D-1 of Tract A, Bells Flats Alaska Subdivision; and to confirm the findings of fact in the original variance approval. Move to clarify and confirm the original condition of approval. The intent of this condition is: Appearance Request A Page 2 of 2 P&Z: August 16, 1989 Royal Large Box 2634 Kodiak, Alaska 99615 Kodiak Island Borough 710. MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 August 18, 1988 Case 88 -046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation' that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I-- Industrial Zoning District. Tract D -1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) Dear Mr. Large: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 17, 1988, Granted the request for the variance cited above, subject to the following condition: 1. Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The Commission also adopted the following findings of fact in support of their decision: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to this property is the existing foundation. While it constitutes an * ongoing encroachment of the front yard set back requirement for the tract, it is "grandfathered" due to its placement at the present location prior to the adoption of current Borough regulations. . 2. Strict application of the zoning ordinances would result in Practical difficulties or unnecessary hardships.- Strict application of the zoning ordinance would require the proposed structure to be built farther back on the foundation away from the front lot line. Another alternative would be to place the whole structure elsewhere Kodiak Island Borough Royal. Large August 18, 1988. Page Two on the tract, on a completely new foundation. Either of these possible alternatives would result in practical difficulties due to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordinances would result in an unecessary hardship as the foundation, will still be encroaching the front yard setback requirement. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses of other facilities that are "grandfathered" and still in use today. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the 1982 Womens Bay Community Plan which identifies this area as a potential site for industrial development. 5. That actions of the applicant did riot cause special conditions or financial hardship from which relief is being. aought by the variancgs. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The, existing foundation was in place at the time the lot was purchased. The applicant will take no action to improve the foundation until the variance request has been decided. Kodiak Island Borough Royal Large August 18, 1988 Page Three 6. That the granting of the variance will not permit a Prohibited land use in the district involved. Warehouse and Storage are permitted uses in the I--Industrial Zoning District. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Failure to utilize this variance within 12 months after its effective date shall cause its cancellation. Please bring this letter when you come to our office to obtain zoning compliance for any construction on the lot. If you have any questions about the action of the Commission, please contact Duane Dvorak of the Community Development Department. . Sincerely, Patricia Miley, Secretary Community Development Department %SS PP 4, 1 iei, iFiN, * 40 AO Royal Large Box 2634 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 1, 1989 Re: Case 88-046. Request for a two (2) year extension of a previously approved variance from Section 17.24.040A1 (Yards) of the Borough Code permitting the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal Large) Dear Mr. Large: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their August 16, 1989 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, August 9, 1989, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486- 5736, extension 255. Sincerely, Patricia Miley, Secret Community Development Department Royal Large Box 2634 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 996154340 PHONE (907) 486-5736 May 12, 1989 Re: Case 88-046. Request for a variance from Section 17.24.040A1 (Yards) of the Borough Code to prrnit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an 1--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. Dear Mr. Large: The Planning and Zoning Commission granted the variance request cited above on August 17, 1988. Section 17.66.080 of the Kodiak Island Borough Code specifies that failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. The variance cited above will expire on August 17, 1989. If zoning compliance and/or a building permit for the development has not been issued on or before the expiration date, the variance will be cancelled. Since the expiration date is quickly approaching, please contact the Community Development Department as soon as possible so that we may assist you in applying for the necessary permits. If you desire further clarification, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department /?. lealreA,/ a.s A92- a- iir/0 74,‘,./fr, 7-/z-g7 • Royal Large Box 2634 Kodiak, Alaska 99615 RE: Case- 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation' that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I--Industrial Zoning District. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) Dear Mr. Large: Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 18, 1988 - The Kodiak Island Borough Planning and Zoning Commission at their meeting on August '17, 1988, aranted the request for the variance cited above, subject to the following condition: • ' ' 1. . Access to and parking for the proposed 'strudture shall. be prohibited adjacent to Sargent Creek Road and in front of the proposed structure.. The Commission also adopted the following findings of fact in support Of theit'decision: Exceptional physical circumstances or conditions applicable to the property or intended use of -development, which 'crenerally do not apply to other properties in the same land use district. , • The exceptional condition applicable to this property is. the • existing foundation. While it constitutes an 'ongoing. encroachment of the front-yard set back requirement for the tract, it Is ."grandfathered" due to its placement at the present location-prior to the adoption of current Borough .regulations. - 2. Strict application of the zoning ordinanbes.wouid result in Practical.difficuities or unnecessary hardships. ' Strict application of the zoning ordinance .would require the . . proposed structure to be : built farther ,back on. the ' foundation away Irma, the . front lot line. Another 'alternative would be to place the whole structure elsewhere KodiakIsland Borough Royal Large August 18, 1988 Page Two on the tract, on a completely new foundation. 'Either of these possible alternatives would result in practical difficulties clue to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordin.ances'would result in an unecessary hardship as the foundation, will still be encroaching the front yard setback requirement. 3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses. of. other facilities that are "grandfathezed" and still.in use today. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the 1982 Womens Bay Community Plan which identifies this area as a potential site for industrial development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The existing foundation was in place at the time the lot was purchased. ' The applicant will take no action to improve the foundation until the variance request has been decided. Kodiak Island Borough Royal Large August 18, 1988 Page Three 6. That the granting of the variance will not permit a prohibited land use in the district involved. Warehouse and Storage are permitted uses in the I--Industrial Zoning District. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Failure to utilize this variance within 12 months effective date shall cause its cancellation. Please letter when you come to our office to obtain zoning for any construction on the lot. If you have any questions about the action of the please contact Duane Dvorak of the Community Department. Sincerely, Patricia Miley, Secretary Community Development Department after its bring this compliance Commission, Development 4 opposing, and 2 expressing non - objection to this request. Staff recommended approval of this request. A discussion ensued among the Commissioners and the consensus of the Commission was that this request should have at least two (2) public hearings to gather public testimony, and that this would be an informational hearing only. Regular Session Closed. Public Hearing Opened: REMEGIO MARASIGAN appeared before the Commission and expressed opposition to this request. BARTOLOME NAVIDAD appeared before the Commission and expressed his feelings about this request. NORM STEARNS appeared before the Commission and expressed opposition to this request. SCOTT ARNDT, representing Dennis Murray, appeared before the Commission and asked if Mr. Murray's public hearing notice response was copied for the Commission. CHAIRMAN RENNELL responded "yes." ROBERT FRYE appeared before the Commission' and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO TABLE Case 88 -045 for another public hearing at the September 21, 1988 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. D) Case 88 -046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D -1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) DUANE DVORAK indicated 15 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.24.040(A)(1) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I-- Industrial Zoning District on Tract D1 of Tract A, Bells Flats Alaska Subdivision; and to adopt the findings of fact contained in the revised staff memorandum dated August 12, 1988. The motion was seconded. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION by adding the following condition: Page 9 of 27 .. P &Z Minutes: August 17, 1988 Access to and parking for the proposed structure shall be prohibited adjacent to Sargent Creek Road and in front of the proposed structure. The AMENDMENT was. seconded and CARRIED by unanimous voice vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous voice vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to this property is the existing foundation. While it constitutes an ongoing encroachment of the front yard set back requirement for the tract, it is "grandfathered" due to its placement at the present location prior to the adoption of current Borough regulations. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the proposed structure to be built farther back on the foundation away from the front lot line. Another alternative would be to place the whole structure elsewhere on the tract, on a completely new foundation. Either of these possible alternatives would result in practical difficulties due to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordinances would result in an unnecessary hardship as the foundation, will still be encroaching the front yard setback requirement. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses of other facilities that are "grandfathered" and still in use today. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the 1982 Womens Bay Community Plan which identifies this area as a potential site for industrial development. Page 10 of 27 P &Z Minutes: August 17, 1988 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The existing foundation was in place at the time the lot was purchased. The applicant will take no action to improve the foundation until the variance request has been decided. 6. That the arantina of the variance will not permit a prohibited land use in the district involved. Warehouse and Storage are permitted uses in the I-- Industrial Zoning District. E) Case 88 -047. Request for a variance from Section 17.57.020(D) (Off- Street Parking) of the Borough Code to allow either (A) both a forty -two (42) bed jail facility (on Lots 122 through 126, Block 10, Erskine Subdivision) and a homeless shelter (on Lot 2, Block 15, Kodiak Townsite) to provide only one hundred twenty -eight (128) off- street parking spaces instead of the required one hundred forty -five (145) off - street parking spaces in a PL-- Public Use Lands Zoning District; or (B) a forty -two (42) bed jail facility to provide only one hundred thirty -six (136) off - street parking spaces instead of the required one hundred thirty -nine (139) off - street parking spaces in a PL-- Public Use Lands Zoning District. Lots 122 through 126, Block 10, Erskine Subdivision; 215, 217, 219, 311, and 315 Mill Bay Road. (City of Kodiak) DUANE DVORAK indicated 49 public hearing notices were mailed for this case and 3 were returned, 1 in favor and 2 expressing non - objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: GORDON GOULD, City Manager, appeared before the Commission and expressed support for this request, . stating that the City Council preferred alternative (A) . FRANCES. CATER appeared before the Commission and expressed support for this request. Ms. Cater stated that the Shelter Board preferred alternative (A). Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.57.020 of the Borough Code to permit the construction of a forty -two (42) bed jail facility (on Block 10A, Erskine Subdivision) and a shelter for the homeless (on Lot 2, Block 15, Kodiak Townsite) which will only provide one hundred twenty -eight (128) off - street parking spaces instead of the required one hundred forty -six (146) off - street parking spaces in a PL-- Public Use Lands and a B -- Business Zoning Districts subject to the conditions of approval contained in the revised staff memorandum dated August 16, 1988 and to adopt the findings lA through 6A contained in the revised staff memorandum dated August 16, 1988 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. Page 11 of 27 P &Z Minutes: August 17, 1988 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTM1 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI —D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 17, 1988. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit _the construption of _a_storage_building on--an exIsting--- foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) RECEIVED AUG 171988 COMMUNITY DEVELOPMENT DEPT. If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the . request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: f‘l es Mailing Address: 2c, A ac) _ — Your property dee.c.r_iptionl-__ a BtocJ< ZONING KEY RESIDENTIAL R-I 0 RESIDENTIAL_ R -2 RESIDENTIAL R -3 j RURAL ,—,RESIDENTIAL BUSINESS is INDUSTRIAL CONSERVATION PUBLIC USE LANDS -WATERSHED FEET MILES 0 JITEM VI -D Kodiak Island Borough R E V I S E D M E M O R A N D U M DATE:' August 12, 1988 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 17, 1988 Regular Meeting RE: Case 88 -046. Request for a variance from Section 17.24.040(A)(1) ,(Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D -1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) Fifteen (15) public hearing notices were distributed on July 29, 1988. Date of site visit: August 4, 1988 1. Applicant: Royal Large 2. Land Owner: Same. 3. Request: For a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction, of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. 4. Existing Zoning: I-- Industrial 5. Zoning History: The 1968 Comprehensive Plan did not identify zoning in the Bells Flats area. Rezoned from unclassified to I-- Industrial by Ordinance 69 -30 -0. 6. Location: Physical: 142 Sargent Creek Road Legal: Tract D -1 of Tract A, Bells Flats Alaska Subdivision 7. Lot Size: 1.38 acres 8. Existing Land Use: Vacant Revised Report 88 -046 1 P &Z: August 17, 1988 ITEM VI -D 9. Surrounding Land Use and Zoning: North: Tract D-2 of Tract A, Bells Flats Subdivision Use: Warehouse and Outdoor Storage Zoning: I--Industrial South: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse and related activities Zoning: I--Industrial East: Block 3, Tract A, Bells Flats Subdivision Use: Asphalt Batch Plant and Outdoor Storage Zoning: I--Industrial West: Unsurveyed Portion, U.S. Survey 2539 Use: Vacant Zoning: C--Conservation 10. Comprehensive Plan: The 1968 Comprehensive Plan does not address this area. 11. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.24.040 Yards. A. Front Yards. 1. There shall be a front yard of not less than thirty feet. COASTAL MANAGEMENT APPLICABLE POLICIES Industrial Development 1. Optimum Location. In order to satisfy industrial requirements, meet safety standards, protect fish and wildlife resources, and maintain environmental quality, sites for industrial development shall be identified in conjunction with the Kodiak Island Borough. Consistent: Not Applicable. This area was identified for industrial use prior to this requirement. 2. Natural Features. Dredge and fill, excavation, shoreline alterateration, and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Consistent: Not Applicable. This action does not involve any dredge and fill activities along the shoreline. Revised Report 88-046 2 P&Z: August 17, 1988 ITEM VI -D 3. Natural Setting, Views and Access. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not Applicable. This action does not affect the Kodiak Archipelago nor does it involve altering scenic views or public access to the shoreline. 4. Dredge and Excavation Material. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not Applicable. This action does not involve any dredging and filling activities. 5. Facility Design. Developments in or over the water, such as piers, docks, and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife, and vegetative resources, and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not Applicable. This action does not involve development in or over the water. 6. Buffer Zones. Buffer zones shall be established to the extent feasible and prudent, between industrial areas and major public transportation routes and between industrial developement and adjacent, non - industrial properties in order to minimize conflicts between land uses. Consistent: Not Applicable. The land use at this location was established prior to this requirement. 7. Accessory Development. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities and utilities. Consistent: Not Applicable. This action does not involve accessory development along the shoreline. 8. Wetlands. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Revised Report 88 -046 3 P &Z: August 17, 1988 ITEM VI -D Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This action does not involve any fill or drainage of water bodies. COMMENTS: The purpose of this request is to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback requirement. Upon investigation of the site and a review of aerial photographs for the area, it appeared that the foundation which is the subject of this case was actually in the Sargent Creek Road right-of-way. The applicant has provided a certified "as-built" survey for the area that shows the position of the foundation as originally stated at the time of application. In order for the Commission to grant a variance, all of the following conditions must be satisfied: FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to this property is the existing foundation. While it constitutes an ongoing encroachment of the front yard set back requirement for the tract, it is "grandfathered" due to its placement at the present location prior to the adoption of current Borough regulations. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the proposed structure to be built farther back on the foundation away from the front lot line. Another alternative would be to place the whole structure elsewhere on the tract, on a completely new foundation. Either of these possible alternatives would result in practical difficulties due to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordinances would result in an unecessary hardship as the foundation, will still be encroaching the front yard setback requirement. Revised Report 88-046 4 P&Z: August 17, 1988 ITEM VI -D 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses of other facilities that are'"grandfathered" and still in use today. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the 1982 Womens Bay Community Plan which identifies this area as a potential site for industrial development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The existing foundation was in place at the time the lot was purchased. The applicant will take no action to improve the foundation until the variance request has been decided. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Warehouse and Storage are permitted uses in the I--Industrial Zoning District. RECOMMENDATION: Staff finds this request does meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for a variance from Section 17.24.040(A)(1) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback in an I--Industrial Zoning District on Tract D1 of Tract A, Bells Flats Alaska Subdivision; and to adopt the findings of fact contained in the revised staff memorandum dated August 12, 1988. Revised Report 88-046 P&Z: August 17, 1988 rrr' rriiri4 irr• "0r'r�s � ♦+r'r rr i►r♦+ •r" ror'r ri r4 ♦ r rr , «� ow. 4,-4. t►yi. ... .- r 'ir►i�►i♦rrrir'�►+♦�i r .i'rir�rii rirw r ry ►+ r4► ri44 mii►r.* r♦�♦� i ♦ ♦o♦rr :0►4. ...�� ►9r� 4rrii♦i�ri rr i ► ♦ �r: ►rr�: ♦rrrr�D4 4.44+" ►C♦r .04 it r ♦r rrr4 i♦4 wry4 r rrri��* rr4r,o ::::;::::::.:.?A.14''.\ '4'►rrrr rr♦r'♦rri♦�♦�i♦♦,°r♦rrrir�►♦r,r pi, r . 4. . b z j,4'r • i .y i • r% 411. ►. ♦ Case 88 -046 Tract D -1 of Tract A Bells Flats Alaska d 142 Sargent Road Bfi R -1000' ZONING KEY El RESIDENTIAL R-t RESIDENTIAL R -2 D RESIDENTIAL R -3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS ■ WATERSHED Kodiak Island Borough MEMORANDUM DATEi( August 9, 1988 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 17, 1988 Regular Meeting ' 'ITEM VI -U RE: Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) Fifteen (15) public hearing notices were distributed on July 29, 1988. Date of site visit: August 4, 1988 1. Applicant: Royal Large 2. Land Owner: Same. 3. Request: For a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. 4. Existing Zonina: I--Industrial 5. Zoning History: The 1968 Comprehensive Plan did not identify zoning in the Bells Flats area. Rezoned from unclassified to I--Industrial by Ordinance 69-30-0. 6. Location: Physical: 142 Sargent Creek Road Legal: Tract D-1 of Tract A, Bells Flats Alaska Subdivision 7. Lot Size: 1.38 acres 8. Existing Land Use: Vacant Case 88-046 1 of 6 P&Z: August 17, 1988 -`ITEM VI -D 9. Surrounding Land Use and Zoning: North: Tract D -2 of Tract A, Bells Flats Subdivision Use: Warehouse and Outdoor Storage Zoning: I -- Industrial South: Block 4, Tract A, Bells Flats Subdivision Use: Slaughterhouse and related activities Zoning: I-- Industrial East: Block 3, Tract A, Bells Flats Subdivision Use: Asphalt Batch Plant and Outdoor Storage Zoning: I -- Industrial West: Unsurveyed Portion, U.S. Survey 2539 Use: Vacant Zoning: C -- Conservation 10. Comprehensive.Plan: The 1968 Comprehensive Plan does not address this area. The 1982 Womens Bay Community Plan states, "industrial land use will remain on the Bells Flats Subdivision side of the community but in an area of decreased size. Industrial uses will consist of the Livestock Association's Slaughterhouse, Brechan Enterprises' gravel and asphalt operations, and Royal Large's warehouse operation..." [emphasis added] 11. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.24.040 Yards. A. Front Yards. 1. There shall be a front yard of not less than thirty feet. COASTAL MANAGEMENT APPLICABLE POLICIES Industrial Development 1. Optimum Location. In order to satisfy industrial requirements, meet safety standards, protect fish and wildlife resources, and maintain environmental quality, sites for industrial development shall be identified in conjunction with the Kodiak Island Borough. Consistent: Not Applicable. This area was identified for industrial use prior to this requirement. Case 88 -046 2 of 6 P &Z: August 17, 1988 - ITEM VI-D 2. Natural Features. Dredge and fill, excavation, shoreline alteration, and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, industrial and energy facilities - if permitted under applicable regulations. Consistent: Not Applicable. This action does not involve any dredge and fill activities along the shoreline. 3. Natural Setting, Views and Access. Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not Applicable. This action does not affect the Kodiak Archipelago nor does it involve altering scenic views or public access to the shoreline. 4. Dredge and Excavation Material. Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not Applicable. This action does not involve any dredging and filling activities. 5. Facility Design. Developments in or over the water, such as piers, docks, and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources, and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not Applicable. This action does not involve development in or over the water. 6. Buffer Zones. Buffer zones shall be established to the extent feasible and prudent, between industrial areas and major public transportation routes and between industrial development and adjacent, non-industrial properties in order to minimize conflicts between land uses. Consistent: Not Applicable. The land use at this location was established prior to this requirement. Case 88-046 3 of 6 P&Z: August 17, 1988 ITEM VI -D 7. Accessory Development. Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. This category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities and utilities. Consistent: Not Applicable. This action does not involve accessory development along the shoreline. 8. Wetlands. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not Applicable. This action does not involve any fill or drainage of water bodies. COMMENTS: The purpose of this request is to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback requirement. Upon investigation of the site and a review of aerial Photographs for the area, it appears that the foundation which is the subiect of this case may actually be in the Sargent Creek Road right -of -way. At the very least, based upon the known margin of error for the aerial photograph, the foundation may be encroaching a full thirty (30) feet into the required thirty (30) foot front yard setback requirement. It appears as though the measurements may have been taken from the road surface itself or very near to it, rather than from the property line. In order for the Commission to grant a variance, all of the following conditions must be satisfied: FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to this property is the existing foundation. While it constitutes an ongoing encroachment of the front yard set back requirement for the tract, it is "grandfathered" due to its placement at the present location prior to the adoption of current Borough regulations. Case 88 -046 4 of 6 P &Z: August 17, 1988 ITEM VI-D 2. Strict application of the zoning ordinances would result in Practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the proposed structure to be built farther back on the foundation away from the front lot line. Another alternative would be to place the whole structure elsewhere on the tract, on a completely new foundation. Either of these possible alternatives would result in practical difficulties due to the loss of usable storage capability that would have been available if the all of the original foundation were used or by the added expense of a new foundation located in an area consistent with the Code. As the available alternatives would not require the removal of the existing foundation from its current location, the strict application of the zoning ordinances would result in an unnecessary hardship as the foundation, will still be encroaching the front yard setback requirement. 3. The granting of the variance will not result in material damages or pre-judice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance to allow encroachment into the setback would not damage or prejudice other properties in the area. The Commission has granted at least one other variance in this subdivision for a similar use of an existing foundation for a residential development and there are nearby uses of other facilities that are "grandfathered" and still in use today. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area as a potential site for industrial development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant did not cause the special condition from which relief is being sought by variance. The existing foundation was in place at the time the lot was purchased. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Warehouse and Storage are petiuitted uses in the I--Industrial Zoning District. Case 88-046 5 of 6 P&Z: August 17, 1988 -ITEM VI -D RECOMMENDATION: Staff finds that there in insufficient information to determine if this request does meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. Therefore, staff recommends that this case be tabled until the applicant can provide an as built survey of the foundation with regard to the Sargent Creek Road right-of-way and the lot line of the tract owned by the applicant. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to table Case 88-046 until the regular Planning and Zoning Commission meeting on September 21, 1988, for the purpose of obtaining further information (as-built survey) with which to complete the analysis of this request and determine the extent of the variance requested from Section 17.24.040 (A)(1) of the Borough Code. Case 88-046 6 of 6 P&Z: August 17, 1988 Royal Large Box 2634 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 July 29, 1988 Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) Dear Mr. Large: Please be advised that the above-referenced request has been scheduled for review and action by the Planning and Zoning Commission at their August 17, 1988 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week pribr to the regular meeting, on Wednesday, August 10, 1988, at 7:30 p.m. in the Borough conference room, the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-5736, extension 255. Sincerely, Patricia Miley, Secretary Community Development Department • kuDiAK ISL1 D COR(:l;OH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 ) Conditional Use Permit ) Exception (4 Variance ( ) Zoning Change: From: To: CODE SECTION INVOLVED: /1- , a 0e/C) NOTE: The application fee for all items covered by this form is $50. Conditional Use Permits, Exceptions, and Variance Applications also require the submission of a site plan. APPLICANT: Rod ( a v2 y' Narne Aa%,/ t7x 2 7" Address /(Z /t /f/f' EZ Gi�i S City, State, Zip PROPERT'(: (.(rce4- " O ,c Y z - c _ + mfr- ems• Home Telephone Lot Block Work Telephone Ict f s Su 6 c= 6R-co Subdivision Name United States Survey = Section, Township, Range, S.M. PRESENT USE OF PROPERT'(: PROPOSED USE OF PROPERT'(: (0613(cQ Wet -e_, -;D ��Y� �• 1 i (A 7 GL. (IAA_ S i�l, t rv�CSC &* Site ( / `ECI , �iuC � D � e-S (% f 0 &e.1— Cup-( ; tir” Jc tc, r I have been advised of the procedures ir.. ;ol vea with this request and have received a copy of the appropriate :•e ^:«t;cns. Ytr�'jy� �N-,vim , h Au. . crized nCerr Date Prope y Owner. n Date Data Application Acceptea: 7— /s=45` 3Y: • r 3 „,,,.......—....e..i............,,..„ ..., 1 t OP , • '.."...."".."."."....."4".4. % "'''''.."'.....--.........., .............^.^.••••••,. ... 1 . - ..,,,,7,_;„...........4.,t.„, . /lop llo MP ;d4 461.17 . 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CASHIER es PAYOR PAYMENT MADE BY: likCHECK NO. J/6, 2 1E1 CASH 111 OTHER FM00-511815 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTME 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday. A4auSt 17, 1988. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and zoning Commission, to hear comments, if any, on the following request: Case 88-046. Request for a variance from Section 17.24.040(A)(1) (Yards) of the Borough Code to permit the construction of a storage building on an existing foundation that encroaches eighteen (18) feet into the required thirty (30) foot front yard setback. Tract D-1 of Tract A, Bells Flats Alaska Subdivision; 142 Sargent Creek Road. (Royal V. Large) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. **You are being notified because you are a property owner in the area of the request. , If you have any questions about the request, please call us.at 486-5736, extension 255. Your Name: Your property description: • Comments: Mailing Address: ■ -: A� +s Allir �• Ile,. ,.rte +Ic .. �; ................. t�r ..IA1 ♦r.♦f1i ............ '�'I.ijlf Ii'.♦I'i1. !'•i 'Ia••;.M +1� +1j+'.♦� ♦�... tii�'�•♦♦. ♦�.j %fift+i.I a +il�aa..yj. %....... %.... 1 ♦y 1 uy f .I Bey .y .1 •s •. 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