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ATS 49 TRACT N-26 AND TRACT N-29C - AppealSeptember 21, 2012 Mr. John Whiddon Island Fish Company LLC 317 Shelikof Street Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 wwvv.kodiak.ak.us Re: Case 13-006. Request a Variance, according to KIBC 17.195, reducing the required -off-street parking from 22 spaces to: 10 spaces, according to KIBC 17.175.040. Dear Mr. Whiddon The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 19, 2012, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial. According to KIBC 17.195.090 - Appeals: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (112)sgendar...days. following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. The Commission adopted the following findings of factIn support of their decision: FINDINGS OF FACT 17.66.050 A.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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The Page 1 of 4 tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I-Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29I3 and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started ith development under the current community parking standards Page 2 of 4 17.66.050 A.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. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case- by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden for the city to regulate and manage in the Shelikof Street right- of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. Page 3 of 4 J-1 In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Duane Dvorak, Acting Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 4 of 4 ION STATION (OR RECEIVED FROM JOHN WHIDDON /ISLAND FISH CO.,LLC DESCRIPTION VARIANCE CASE 13 -006 PAYMENT CODE Variance Fee Payments: 2 Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 RECEIPT DESCRIPTION Variance Fee CASE 13 -006 BATCH NO., RECEIPT N 2013 - 000003 CASHIER Teresa Medina TRANSACTION AMOUNT $350.00 Type Detail Check 1149572 Amount $350.00 S IJ E r+ +f� iii 2 4 2012 ;..Ir. LEN'S OFFICE Printed by: Teresa Medina Total Amount: $350.00 Page 1 of 1 09/24/2012 02:28:58 PM September 24, 2012 Nova Javier Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 SEP 2 4 2012 BOROUGH CLERK'S OFFICE Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907 - 486 -8575 Fax: 907-486-3007 Email contact: jwhiddon @pacseafood.com Case%D_ecision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting will begin 1 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 17.66.050. A.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. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B, and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off - street parking from 21 spaces to 10 spaces, according to KIBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off - street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off - site." We dispute this finding: 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 H1, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staff's conclusions about ample space and off-site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 17.66.050. A.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. We concur with Stars conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off-street parking. Several 4 new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. We support Staff's conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 17.66.050 A.5 That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint 5 of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.175.040: Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor" Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 ZO - T' \G CO PLI ANC El' IVIIT(Pagc 1 of 3) Permit # Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486 -9362 Fax(907)486 -9396 http: / /www.kib.co.kodiak.ak.us Required Applicant Information: 1. Property Owner /Applicant: �,� � /1\./ / t,‘(75 _ , Mailing Address: f c A- , (.iF- 5,7" )' Phone: 6 —I S'S 2. Legal Description: IQ 'Z- !:-d (0 Gib es ' ' -. Street Address: c7) i °7 5it2-1 3 Description of proposed action: 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District Parking Requirements D Solid Waste Removal Requirements STAFF COMPLIANCE REVIEW Parcel No. R ..1.0( L5 c"�J Current Zoning: . - n Required Lot Area: ,gO,00C Required Setbacks: Front: 3O - Side: Ao ` Rear Ad r Building Height: , ) (Setbacks other than zoning district standards to be noted on the attached site plan) 5. Number & size of parking spaces required: Pi>,k e Pik '/3041 6. Off-street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Require ents (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. ,d (tit 4od1 to si ACMP Policies: Res. ❑ LZInd. ❑ Other ❑ Consistent with KIB CMP: Yes©i o❑ Attachment: Yes❑ No❑ .7r-40 Zonin ,Cmpliatj Peh'cc P le% - C- astryigr'sOifice O #104 JJ P- L. F cTicdule: ,. ,�2, �: mss. (assembly RigIm , 6,,'Lf July 1, 200Z}, �' c-' 0 Cr' s--- a w 110 a .--. L salan4.75 acres 1.76 to I 11 acres 5.01 to 40.00 acres 40.01 acres or more 560.00 S90.00 S.(20.00 Construction Disposal Deposit Paya blei —CasIriEr'rOifice Room # 104 Fee Schedule: (per KM Assembly Resolution tiff. July 1, 2(105) Less than 250 sq. ft. S250.00 251 to 500 sq. ft. 0.00 i0I or greater sq. ft, 51000.0 (Page 2 of 3) THIS FORL_.JOES NOT. AUTHORIZE C._,'NSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED **EXPIRATION: A zoning compliance permit will become null and void if tlie building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time„ after the work is commenced, for a period of 180 days. Before uch work can be recommenced a new pelluit must first be obtained. (Sec. 106.4.4 Expiration, 1997 TAO per KIBC '17.03.060. . Subd. Case #: Plat #: Bldg Permit ii;„: ,•• 2. Driveway Permit (State, Borough, City) by/date: 3. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable comer markers in place in the field for verificatio of setbacks. By: Date: 1 3 Title: -ery)J-ef Supporting documents attached (check one): Site Plan: As-Built Survey: I=1 Other (List): 4. Comr By: Iv t Department Title:70 Date: 5. Fire Marshal (UFC) by/date: 6. Septic System Plan Approved by/date: This permit is ONLY for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ' vOF SCPEET • • c%N.1 1,c) METAL " z" Pal 6 t- o) eca.M.06-Ap pe- 0 (12N A -1<-10C-1— / 1 11_7) !_Z-• •-; I ( :.4eNC tr. i 0 0 c- c,-- i6'\ ■ 1---t-,■ c- Ix f'g /5.03 .Sr PAUL 11Al2.1301? LI)(v. Pgr ‘.9v • 20\ / 2- l't•-tt', -.) - . .. _. -r.- 11 1.-:-..,0 +2‘?...0 e,,3. 0 "...),,, ,T., ,„..._ .., t '1 10 - — A. = 4 ao — -5 ro.c.4....re ,7l, . (...":...31 i 6E- 11)357— gs Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit 1 int Form 1484` 6 I Submit by Email 1 Permit No. CZ2012 -79 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Use & Size of Existing Structures: The following information is to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486 -8575 Subdv: ATS 317 Shelikof Block: 26B Lot: 29B Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 PROP_ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable •Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N /A FnQG C.o S el/21, If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" N/A Subd Case No. Plat No. Bld'g Permit No. Driveway Permit? Septic Plan Approval: Fire Marshall: Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that 1 have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey List Other: Parking Plan Date: May 16, 2012 Signature: This permit is only for the proposed project as described by the applicant. if there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UDC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification Zoning C MAY,16'a KO 1 dB Not Applicab Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building 0.00 $30.00 r $60.00 r $90.00 r $120.00 €io .,o s cc v€.. 13 After - the -Fact 2X the published amount $0.00 r $60.00 I— $120.00 I— $180.00 r $240.00 Building Square Footage Total = 14,'160 Parking Calculation (14j 01 700) = 20.26 Parking Spaces Required = 21 (20.26 ro urdded up) .57/16F 2-z.,- Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) =20.26 Parking Spaces Required = 21 (20.26 rounded up) Ci_osu.v-L. Building Square Footage Total = 14,180 Parking Calculation (14;180 1700) =20.26 Parking Spaces Required = 29 (20.26 rounded up) / / ' gNCLosei/LE- D first_name MARK CRAIG WILLIAM JEROME TONYA M LEIF KYLE ANDREW M GLENN ELIZABETH MICHAEL MARGARET LESLIE T & MARY A LELAND CHARLES E & MARILYN DUKE KERRY THOMAS ALEXUS ROBERT GEORGE JOSHUA THOMAS CHRISTINA DIANA LANA JANE MONTE PATRICIA MICHAEL JANE ALLAN NORMAN THOMAS CHRISTOPHER last_name ANDERSON BAKER BISHOP BJM, LLC BONGEN LIVING TRUST BROCKMAN BROCKMAN CITY OF KODIAK CROW DAVIS DICK FLEMING HELLIGSO HOLM INT'L SEAFOODS OF ALASKA ISLAND FISH CO., LLC JAMES JAMES JOHNSON JONES KEARNS KODIAK INN HOLDINGS, LLC KODIAK MARINE SUPPLY INC KODIAK RENTAL CENTER, LLC KOUREMETIS KWACHKA LACHOWSKY LEE. LEWIS LORAN ETAL LYNCH MACDONELL MK ENTERPRISES, LLC MONTEIRO NEDROW OLSEN RESOFF SAUER THIELEN URSIN SR WALTERS WING Mail_Line_ 1124 STELLER WAY P.O. BOX 8514 402 W MARINE WAY STE 300 P.O. BOX 993 PO BOX 392 171 OVER AVE PO BOX 99 P.O. BOX 1397 410 W. REZANOF DR 2608 JODI CT 11879 MIDDLE BAY DR PO BOX 1068 318 W. REZANOF DR 303 COPE ST. P.O. BOX 2997 317 SHELIKOF AVE PO BOX 536 1615 LIEGE DR 9310 LUNDEEN RD SW P.O. BOX 1604 PO BOX 8256 236 W. REZANOF DR PO BOX 99098 PO BOX 2531 PO BOX 1392 326 COPE ST 315 COPE ST 171 OTTER AVE Y y` Mail_City KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK BLACHLY KODIAK KODIAK MARENO VALLEY KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK HENDERSON ROCHESTER KODIAK KODIAK KODIAK SEATTLE KODIAK KODIAK KODIAK KODIAK KODIAK 1120 HUFFMAN RD STE 24 -466 ANCHORAGE 410 SHELIKOF ST 11175 LAKE ORBIN DR PO BOX 2730 PO BOX 2338 PO BOX 1072 PO BOX 8983 P 0 BOX 1014 PO BOX 911 1436 "0" ST 318 W HILLCREST ST 1715 W. NICKERSON ST PO BOX 3336 PO BOX 2827 pub KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK KODIAK ANCHORAGE KODIAK SEATTLE KODIAK KODIAK Mail_State Mail_Zip AK 99615 AK 99615 AK 99611 AK 99615 AK 99615 AK 99615 OR 97412 AK 99615 AK 99615 CA 97555 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 NV 89012 WA 98579 AK 99615 AK 99615 AK 99615 WA 98199 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99515 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99615 AK 99501 AK 99615 WA 98119 AK 99615 AK 99615 kszceir/ reliCed 1 is H P &L September 19, 2 12 Current Location P & Z Case # 13 -006 Island Fish Co. LLC 'Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS System 0 125 250 500 750 1,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property wdhin the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. i ntro uc on - age 1 of 3 d t P )tic Hearing Item 7 -A P &Z - September 19, 2012 Kodiak Island Borough Zoning Map Community Development Department Current Zoning P & Z Case 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the re• off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. 1.00 // Public Use Lands Watershed Conservation Rural Residential Rural Residential 1 Zoning Legend 1 Multi Family Residential Business Retail Business Industrial Rural Residential 2 Single Family Residential Two Family Residential Light Industrial Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 2 of 3 is Hearing Item 7 -A &Z - September 19, 2012 Current Location P & Z Case # 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Introduction - Page 3 of 3 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakalcus Hearing Item 7 -A PSAZ tor 10 .2b01E2 rent or II Subnilt y mail Variance Application KIBC 17.195 PROP — ID ` /7 1 Tht following m �inforoe n is to be supplied by the Applicant: Property Owner /Applicant: Pacific Seafood Kodiak C John Whiddon, General Manager Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Present Use of Property: 317 Shelikof Street, Kodiak AK 99615 907 - 486 -8575 John Whiddon <jwhiddon @pacseafood.com> Subdv: Adjoining City Tidelands Tracts N26 -B, N29 -B 317 Shelikof Street, Kodiak AK 99615 Block: Lot: Seafood Processing, Retail Seafood Store Variance(s) Requested: Reduce required on -site parking from 22 to 10 spaces; this will be accompanied by several actions taken by Pacific Seafoods to continue to reduce parking demand, and to shift a portion of on -site spaces to an adjoining property (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan (a development plan for one or more lots on which is shown the existing & proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingress & egress; circulation; utility services; structures & buildings; signs & lighting; berms, buffers, & screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection. KIBC 17.195.050 Approval or dental. A. Approval. if It Is the finding of the commission, after consideration of the Investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted. Respond to each of the following standards as they apply to your request. (use additional sheets as needed) 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; See attachment 2. That the strict application of the provisions of this title would result In practical difficulties or unnecessary hardship; See attachment ),..Q JUL - 52011 t COMMUNITY DEVELOPMENT DEPARTMENT Application - Page 1 of 10 13-000 • is Hearing Item 7 -A &Z - September 19, 2012 3. Thatthe granting of -the variance will not result 'in material damage or prejudice to other properties in the vicinity nor be detr imental to the public's health, safety ' or general welfare; See attachment 4 That the granting of the variance will not be contrary to the .gbjectIves of the comprehensive plan; See attachment 5. That actions of the applicant did not cause special conditions or financlal hardship or Inconvenience from which relief is being :sought by a ,variance ;and See attachment 6. That granting: the variance will not permit a prohibited land use in the district involved. See attachment Applicant Certification: I hereby certifyas the property owner/ authorized agent that this application for P& ZCommission review is true and complete to the best of my knowledge,: and that it Is submitted in accordance with the requirements.of the.applicable Kodiak'lsland Borough Code, which includes a detailed site plan for the variance request arid may include optionalsupporting documentation as indicated below. Additiornal Narrative, /Flistory: Photographs: As- built_Survey : Maps,:. List Other: Other material to besubrnitted by July 31 Site Plan Submitted ? Date: CDD Staff-. Certification Current Zoning; CDD Staff :. Payment Verification Fee Payable in Cashier's Office Room # 104 - ,Code °Section (s); rcugh Building 1 (Si I K®clImislanot oraug i Application - FMEIROPINATtMAni F7-..$250.00 41160 Hearing Item 7-A P&Z - September 19, 2012 VARIANCE REQUEST Pacific Seafood Background Fishing is' the Foundation ,of the Kodiak Economy Kodiak is the number 3 fishing port in the US in value and pounds offish harvested (National Ocean Economics Program) • More residents live off the fishing industry in Kodiak than anywhere else in Alaska, 6 of 10 largest employers in Kodiak are seafood processors • Seafood provides largest payroll on Kodiak Island Pacifier$eafOod Today • Size and -Operations — Pacific Seafood is one of seven primary seafood procetsort. on Kodiak. Island. Pacific Seafood currently serves a:Mixed fleet that includes: jig, longline, pot; trawl; ;salmon seine and set nets. The plant operates year round; processing Pacific cod, Pollock, POP; rockfish, flatfish, 'halibut, black cod, salmon and sport and charter fish. During peak season, the plant operates 24 hours a day to offload; process and ship fish to both international. and domestic Markets. The business continues to process;sport and charter fish. during the summer tourism months, and operates and maintains a fresh seafood market year rOurid. History — The business was started as a seasonal custom processing operation serving the sport and charter fleets, The company, formerly called Island Seafoods, was acquired by Pacific Seafood Group in 2003. Since then the:company expanded to:a year round operation serving both the domestic and export.rnarkets with:a variety-of fresh and frozen products. Pacific Seafood is a fainily &pined, vertically integrated seafood ;company, based in Portland, Oregon, • Physical Layout — The facility is located at 311 Shelikof Street on two adjacent tracts, ,N2913 and N2613. The original building, across the street at 330 Shelikof Street, is currently being used as a maintenance Shop. The approximate square footage of the primary processing building is 13,000 square feet. Parking — Needs fluctuate according to the :seasonal changes in fishing activity, varying over the day and year. The retail operation requires five (5) spaces for customer use. The five 40 foot export vans-on the Shelikof Street side, account for an additidnatliye larger parking spaces. • Business Growth and Local Economic Impact Growth: Fish processing is a very capital intensive; competitive, business. Over the pattl-yeats, to remain in business and prosper; Pacific Seafood has had to tignificaiitly expand its staff, .equipinent and season of operation. Substantial payroll: The number of pounds crossing the dock has increased by a factor of five since Pacific Seafood Group took over the facility in 200 To accommodate this expansion, at peak production the number of employees has i'ncreased from ten :to over seventp.fiVe. The average number' :of employees duringthe season is fifty, split between two shifts: A large portion of Pacific Seafood's staff Walks to work or carpools. This is strongly encouraged by Pacific Pacific Seafood Preliminary Variance Application - attachment Application - Page 3 of 10 page I of 5 7.5.12 )lic Hearing Item 7-A rt2 - September 19, 2012 Seafood management, to minimize parkingdemand and to reduce congestion at the plant and on Shelikof Street. Expenditures: Pacific Seafood and its. employees make substantial expenditures throughout the community, purchasing goods and services for the plant and the multi-gear type fishing fleet, including fuel,, food, support services and purchase and repair of processing equipment • Contributions to local government revenue - Fish tax (severance tax) revenues make up a large proportion of all locally generated revenues. As one of seven major processors in thearea, Pacific Seafoods makes a major contribution to this critical local government revenue source: Pacific Seafood and its employees also vend significant money in the community, in turn making a large contribution to local sales tax revenues. Property tax contributions are also significant. Pdcific.SedfoOd Tomorrow The national and international seafood business is constantly evolving and these investments are essential for the company to remain cOMpetitiVe. The company 'requires additional space to improve waste handling and 'increase freezing capacity The potential for expansion will be largely controlled by space available for facility operations, which is in turn largely controlled by parking ordinance requirements Pacific Seafoods will not be ableto grOW and therefOre :compete without a favorable resolution of parking issues. The Big'F'icture Pacific Seafoods recognizes the challenges Of parking in downtown in general and along Shelikof in particular: The business succeeds in ,part because of all the resources; downtown offers'..serviCe& retail, circulation, restaurants and housing. Pacific Seafood wants to work to improve parking situation for itself and for the community; which will require a cooperative effort. Proposal —.A Phased Approach Immediately :A parking variance; to solve current problems at Pacific, Seafood — from a requirement for 22 ton, parking spaces., Pacific Seafood will take several different steps to offset thiS reduction in on-site parking requirements. Details will be presented in the - fuJi version of thiS'ydriOnce request, to be submitted by the end .offulk. Strategies will include Continued steps to reduce ernpjoyee . parking demand, proposed changes in the location and dimensions,ofParking spaces, and use of adjoining off-Site parking to meet a 'pardon ofparking requirements. 2. In the near future: Pacific ;Seafood would like to be one catalyst in bringing together the City, Borough, landowners, :businesses and the community to develop and implement a plan that resolves parking issues in the area Pacific:Seafood Pi-eliminary'Vattiance:Application ...attachment Application - Page 4 of 10 , j; Hearing Item 7-A P&Z - September 19, 2012 Variance Criteria KI.B Code; Chapter 17.195 and Pacific Seafood Responses That there are exteptional physical circumstantes or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; Borough parking standards requiring one on-site parking spot per 700 square feet of industrial space do not work for waterfront seafood processing businesses. For Pacific Seafood or any other processor to continue to operate.safely and successfully requires modification of these standards, While on some days: the 22 parking spots required under existing standards can remain open and dedicated to parking use, on other days at least portions of these spaces must to be available for processing-related actiVities. The size of this waterfront parcel is fixed; there is no extra room to both meet operational needs and ensure all required parking spaces are always free. Current parking standards are equally unworkable for all the processing facilities along the waterfront The 1-eas,(m these parking standards have not been challenged and resolved is that nearly all the other nearby processors (and many larger retailers) are effectively exempt from Borough parking requirements —their operations .are "grandfathered" from a time prior to the adoption of the existing code. Because of the temporary change of the business inI995 from seafood to retail, Pacific Seafood is the only :major processing business without the "grandfather provision". The resulting situation reverses the normal role grandfathering plays in a community instead of the large majority of users meeting the law with the occasional grandfathered exception, in this case the situation is reversed: one company is required to comply with standards not followed by other processing businesses. ."2. That-the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; - A processing business must have a waterfront location; availability of such space iS intrinsically very limited: Operational and safety requirements for a successful fish processing operation do not allow Borough parking on-site standards to be met on a regular basis. The growth of the business requires movement of large freezer vans, waste dump trucks and forklifts such that parked vehicles must continually be moved to accommodate the functions, of the business . Safety is a particular concern during those times when a small area must serve both parking and operational needs; private vehicle parking creates a risk of damage to parked cars and potential for accidents or ihjuty. - There are few if any alternative locations for fish processing in the ,area, and effectively no option to expand at the current site Meeting the full parking standards under the existingcode means the existing operation will have to be substantially reduced, and also that the Opportunity and need for expansion will be precluded. This would result in reduced fish landings and the elimination of permanent full time processing workers., - Even if more an-site parking space was available, enforcement of these parking standards on one business, while not requiring the same rule of other processors, creates,a singular and significant hardship. and competitive disadvantage for Pacific Seafood. The Pacific Seafood Preliminary Variance Application - attachment Application - Page 5 of 10 page 3 of 5 73.12. fiHearing Item 7-A l"- September 19, 2012 Borough is in effectpracticingspot zoning; burdeninga single business With costly retpirernentS not asked, Of the other cOmparable businesses just down the street, That the granting of the variance will not result in material damage or prOiclice to other properties 'in the vicinity nor be detrimental to the public'Olealth,:safety v;ir general welfare; If parking issues can. be resolved Pacific, Seafoods will beable to continue, to operate into the future. Thi$, would support economic development of the Borough, help :support local sport and commercial fishing businesses, make an innportarit:cOntributiOn to borough tax revenues, and :contribute to the:overall welfare of the community. • Limited on-site parking, and a reliance on on-street parking, including parking by Pacific Seafoods employees; has been the practice along $helikof for many years:-.Allowing this practice t� Continue will not change. the public's health safety and welfare. While continuing on-street parking i§ workable, itis clear that parking is Often:tight alongthe Street impacting, businesses and customers. Pacific Seafood would welcome the chance to work with the Borough, the City, and Other property owners and businesses to develop a more comprehensive solution to parking issues in the area Key elements - of this larger scale plan might include; • Initial evaluation of parking needs, parking supplies, and parking behaviors • Changed on-Site parking standards;;.so that all businesses have,reasonable standards. Expansion of on-street parking, such as,,eXpanSidn of bulkhead parking across from .SttliffS • New 'shared off-street parking • A safe; enjoyable walking route for cruise ship Visitors-and other pedestrians: between Pier 2 and ,downtown. Pacific Seafood has considered acquiring the adjoining property to the west and retiovatingthiS Currently unused site. lkedeV,e1OpingthiS'UnuSed property would create new jobs and tjosinest.:Opp-ortunitiesi and increase local tax revenues ; The economics of this purchase do not work, however, without changes in parking standards, and parking demand and supply-in the area. That the granting �f the variance will s not be contrary to.the objectives of the comprehensive plan;, The 'comprehensive plan 014,-ts majoremphasis, on the value and iniportance of fishing, for both the economic headland quality of life in th Borough. Two of several sections of the plan that emphasize the need to support thefishing industry are excerpted below. Goal: Support the local commercial fishing industry in their efforts to maintain the economic health of and diversify Kodiale,s regional fisheries while managing any potential. environmental impacts from the seafood processing industry. - Support and help coordinate efforts by the private industry to increase value-added processing in Kodiak: Pacific Seafood Preliminary Variance Application = attachment Application - Page 6 of 10 page-4 of 5 7.5.12 41110 ft Hearing Item 7-A P&Z - September 19, 2012 Increase the productivity of the seafood processing, plants, including through increasing electrical power utilization/ efficiency and reducing electric power costs. Support improvements to infrastructure that supports the. fishing industry (e.g., cranes and cold storage facilities) to allow local fishing boats to directly market their catch, Gook Support commercial businesses and areas within the Borough, including in downtown Kodiak. Policies Plan for land uses, transportation facilities and public improvements, in commercial areas in a way that supports the viability of local businesses. Zone land and coordinate planning in the Kodiak urban area in a way that supports the downtown, as well as other important commercial areas. Support efforts by local businesses and business organizations throughout-the Borough to enhance existing and potential new businesses, particularly in areas that would benefit from econornic revitalization. "S. That:actions of the:applicant did not cause special 'conditions or financial hardship Or inconvenience from which relief is being sought by a variance; and Pacific Seafood has been Carrying out the same fish processing business in this location for I 1 years. Like All the fish processors in Kodiak, the 'business has evolved to meet Changing market needs, and take advantage of new opportunities, and like most of the other processors: along'Shelikof; to remain Viable and competitive, the business has by steadily expanded: The alternative to continued growth is visible in the vacant former fish processing business on the adjoining lot — processing business that do not continually reinvest, stow and Change are. not viable. v6. That granting the variance will not peril* a prohibited laricl use in the district involved. - No change in useis proposed as.partof this requested-variance. The purpose of "the request is to allow-the succesSfUl'.continuation of the current use Pacific Seafood Preliminary Variance Applicatipn - attachment Application - Page 7 of 10 page :5' Of 5 PAYMENT DATE 070512012 COLLECTION STATION CASHIER. • RECEIVED FROM Pacific Seafood DESCRIPTION VARIANCE APPLICATION KIBC17.196 PAYMENT CODE Variance Fee Payments: Kodiak Island Borough 710 Mill Bay'Rd, Kodiak, AK 99615 ,))lic Hearing Item 7-A -P&Z Septembrg 2 u005 RECEIPT NO. • .2(j.1a26000,00•10. • CASHIER Cashier RECEIPT DESCRIPTION VariancePee Type Check Detail Amman 1147249 •$250.00 TRANSACTION AMOUNT §250.00' 250.09 Total Arnotiat: ..... Printed by: Cashier 8—of o 07/05/201-2 02:40:07 PM F • Hearing Item 7-A P&Z - September 19, 2012 Sheila Smith. From:_ Chris Beck Chris@agneWbeck.corn> Sent: Thursday, July 05, 2012 11:21 AM - To Duane Dvorak . Cc: Bud Cassidy Sheila Smith; John Whiddon (jwhiddon@pacseafoOd.born) Subject: Work,session and Site Visit Attachments: Letter-worksession request.doc Duane (and Bud; and Sheila) As we've discussed 191 be coming to Kodiak next Wednesday the 1.14 to learn more about parking issues at Pacific Seafood and surrounding areas, and to participate in the Planning Commission Worksession. Attached is a formal letter asking fora brief window of time at the worksession. John will not be able to attend .the worksessioh. I'm alto :hopingthat I, Could meet with you and Bud to get some backgroUndon these issues during: thatday. Is there a particular time that would be good to schedule? My current plan is to come to your office early Wed AM and reyiew files on adjoining businesses. -(), Ur understanding is essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not have to meet the parking standards being asked of Pacific. Seafood. But I'd like to go through the files and confirm that fact. I intend to spend most of the day walking the area, and 1' hope visiting with people who know the parking istues:. Other than Borotigh staff, is there anyone you think it would be particularly useful to talk-to? We're submitting a variance request later today: As discussed this it in part a placeholder a response to the schedule established by the Borough non-compliance complaint filed in June. We're still planning on filing a 'more fleshed out version by the end OfJulY,- to set the stage for a September hearing. The full submittal will take advantage of what I hope: to learn while visiting on the 11 th and doing further research: over the remainder-of the month. The schedule as outlined in our previous ernalls is excerpted below. Thanks fOr the assistance: Hbpe you got a .bit,of a break on • this midweek 4th of Juljr 1161iplay, CBeck. Chris Beck principal 441. West Fifth Avenue, Suite 202 Anchorage, Alailia 59501 t 907.222.5424 .907222.5426 A G N E W w viww.agnewbeck.com E C Hi Chrisend John, just Clarkacouple of points below I have highlighted my comments: ,-Duane Duane Dvorak Associate Planner Community Development Department •Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 Application - Page 9 of 10 • (907),48-9362: iidyorakakodiakak.ug lc Hearing Item 7-A - September 19, 2012 Front: Chris Beck Imailto:Chris(@agnewbeck.comi Sent Friday, June A5, 2012-1:83'.PM To John Whiddori (iwhiddorapacseafood.com) Cc Duane Dvorak, Shanna Zuspan ,Subject Respbrite •to:Parking CompliaticeCortiplairit John; I just had the chance to .talk to Duane about a possible schedule regarding parking issues at your property, outlined below, From what I know of your situation, this looks like:one good way to go: l'in.ccing Duane to make sure I have the protessctierect. In next Several days... send a irequest through Duane and Sheila for time on the Planning COPitilissiOne.:agenda- on July I I ili! By -July 5th - respond to the Borough complaint Within 30 days Several options are possible;: one would be to fileari-.010474440;;Another simply comply. The recommended alternative would he,to-file a request for a variance. That ,filing would meet the requirement for some form of response to the complaint within 30 days, and would relieve the requirement-for-direct physical compliance (Meaning you would not have to rerhoye,the.Oftending material from your parking areas while the variance is being reviewed and acted. upon.) This variance filed must be substantially different from the earlier proposed variance. The version filed* July 5th .couldi be, in effect; a Placeholder,.jeaving the option to add additional material hater, after theJuly 1 I th worksession and my fact finding trip to KOdiak. (The Wigifit*I0 closed today so thevarianceis:the only option aailableafter.this time.) July I I th - Short worksession with the Planning and Zoning Commission I'd come 91-1:tX0:1cPdiaklbr this worksession, and while in town meet with Duane, get Mbre-tarhiliarwith.the site, etc. At that time I'd also like to better understand the facts surrounding the initial variance request, for example; Duane's:count of square feet of building: By August .1 —file fleshed out Variance Request September (4'4 19th) Hearing With Planning and Zoning Commission (Sep*iiberj *i(06:*itsi6004-0047i6t tf:§0340004W/66.---thi-It3) '14 ..050140**10(fy.** How does this:sound? Duane, is my understanding of this option correCt?- (and thanks Duane forall the help). Chris, 2 Application - Page 10 of 10 Hearing Item 7 -A P &Z - September 19, 2012 Current Location 317 Shelikof Street P &Z Case 13 -006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS Fee; 340 680 I 1 I This map was prepared from the Kodiak Island Borough's GIS System. II is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Public Comment - Page 1 of 27 4per Hearing Item 7 -A September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public Hearing Item 7 =A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting • will begin at 6:30 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: 13 -006 APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. LOCATION: 317 Shelikof Street ZONING: I- Industrial This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 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. Written comments must be received by 5 pm, September 4 , 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Public Comment - Page 2 of 27 419. Ilkibc Hearing Item 7-A P&Z - September 19, 2012 -MARK ANDERSON CRAIG BAKER WILLIAM WHOP 1124.'STELLER*y. .P .P. BOX 8514 402 W MARINE:WAY.STE 300 KODIAK, AK9961.5 KODIAK,AIC 99615 KODIAK, AK 99611 BJM, LLC PA BOX 993 KODIAK; AK 99615. OROME'BCOGEN LIVING 1).0 BOX 392 KODIAKAK 996,15 TONYA M BRocKmAN- 171 OTTER Avg KoDJAK, mc,99615 LEIF BROCKMAN CITY OF KODIAK KYLEGROW tidx99 P.O. BOX 1397 REZANOV DR BLACHLY, OR 97412. KODIAK; .AK 99615 KODIAK, AK 99615 ANDREW'M.DAVIS' 2608jODICT MARENOVALLEY; CA'9.7555 MICHAEL HELLIGS0 3-18 IN, REZANOrDR KODIAK,.AK99615 GLENN DICK' 11879MIDDLKBAY LR KODIAK;AIC 99615 MARGARET HOLM 30SCOPEST. KODIAK, AK 99615 ELIZABETH FLEMING :POI3oxl.P.03 .I.(.91)11!if, Mc 99615- 1NTSSEAFOODS QF ALASKA F,O. BOX 2997 KODIAKAK99615 ISLAND FISH CO.J.LC LESLIE T & MARY AjAMES LELAND JAMES 317;SHELIKOF AVE PO BOX 536 1615 LuEu pR KODIAK, AK 99615 KODIAK AK 99615, FIENDERSON, NV 89012 CHARLES E-& MARILYN 'JOHNSON DUKE JONES KERRY 9310 LUNDEEN ROSW P.O: BOX 1604 PC) BOX 8256 ROGHESTER, WA 98579 ,KODIAK, AK 99615. DIAK AK 99615 KODIAKINN HOLDINGS, LLC 2316 VV: REMNOF'DR KODIAK, AK:99615 THOMAS KOUREMETIS PO BOX 1392 KODIAK, AK99615: GEORGE LEE 17.1 Qum?. Avg 'KODIAK; AK 99615 KODIAK MARINE SUPPLY INC PUBOX 9.9098 SEATTLE, WA 98199 ALEXUS KWACHKA *326 COPE ST KODIAK, AK 9,9615 JOSKIALEYVIS, 1120-HUFFMAN RD STE-24-4-66 ANCHORAGE, AK99515 Public Comment - Page 3 of 27 KODIAKRENTAL CENTER, LLC tox 2531 KODIAK; AK 99615 riollERTIACHOWSKY Sl5COPE ST KODIAK,-AK99615- THOMASLOAAN ETAL 41:0 sHEilkOp ST KODIAK, AK99615 (7)lic Hearing Item 7-A FZ - September 19, 2012 CHRISTINALYNCH DIANA MACDONELL MK ENTERPRISES; LLC 11175.LAKE ORBIN DR PO:BOX 2730 POBOX 2338. KODIAK,AK-99615 KODIAK; AK 99615 -KODIAK, AW99615 LANA JANBMONTEIRO MONTENEDROW PATRICIA,OLSEN PO BOX 1072: .P0 BOX 8983 P 0 ROI 1044 KODIAK; AK-99615 KODIAK, Ilk-9961'5 RODIAK, AK 996.15 MICHAn RESOFF JANE SAVER ALLAN THIELEN P0-130),( 911. 1436 "O'!.ST 314W HILLCREST ST KODIAK, AK 99615 ANCHORAGE, AK 99501 KODIAK,A1(9961:5 NORMAN URSINSR THOMASVALTERS CHRISTOPHER:WING 1715 W.VICKERSONST po BOX:3.38:6 po BOX 2827 .sEATT.U; WA 9811-8 ,KODIAW, AK 99615 KODIAKA1C996-15 Public Comment - Page 4 of 27 ; Hearing Item 7-A P&Z - September 19, 2012 KOPTAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT . , 710 Mill:BayRoad; Kodiak, Alaska 99615 (907);486-9363 August 7, 2012 Public itearing iteni 7-A A public hearing Wilrbe held on Wednesday, September 19; 2012. The 'meeting will begin at 630 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodi John Whiddon, General Manager A Variance, per KIBC 17.195,,teducing the req - 22 spaces,V-10,SPaCeajaceording to-KIBC 17-475 317 ,Shelilait Street I-Industrial fflipt patidrygpm COMMUNI1Y DEVELOPMENT DEPARTMENT IThis notice is being tent to you .because our records indicate you are a property ownerfuuerested party in the area o the request 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 Depart:Meat 'Written COMments must he received by 5 pm, September 4. 2012 to be considered by the commission. if you would like to fax your comments to us, our fakninntier is: (907) 486- 9396 or you may email them to ssniithakodiakak.us. Irvin would like to testify Vii telephone, please tall in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One .week prior to the regular meeting, on WedUesday„:September 12, 2012, a work session will beheld at 6:30 p.m. in the Kodiak Island Borough ConfereticeRoom (#121); to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request If you have any questions about the request or your appeal rights, please feel free to call us at 486=9363: z) nc...„.1 a _ Your Name: c,ijgk/ofy-R P 141/V Mailing Address: POD opC0o<7 k44- , Your pniperty description: -3,2?" A -17 Your 0 / /1 tv 14 IIMILIMIMINIANffir•VRIPMfillfg.t. r • MEM EMMI'..MIMIWa. , iriMILIE , WS "" F'AP.l11rl,llIrl-M1IfflIr'a.l:L.M'-'4NilPl.\ra1V'..4fgllWM'M1.tlgl1IPr'r.dglMM- gFA11II:Ml!.E1r..i -- - ' . 6, . ,- ti - ." ArliMt , 4 , • 1 r4 . .9_._ iin, e. ..# , efir Ca reo al a i / J 7:: ' - ijr-41 C-- ar ' c -.91/70i); CIC ' ---tAe, 6 2 WOO 0" 0 re5: Tt_01)1cirri5 s'TP55f 411:' q 7( :4 ,. 4 3 it( .0 pi ' fua ro „ei rf vit arn ey6i_wv' k )r I b t O • . A LI ” tf d '4 ; .11,-__I! . at , Ifil ): • 0.1 a . ' A—. ' 1" Public Comment - Page 5 of 27 • Iic Hearing Item 7-A - September 19, 2012 KODIAK ISLAND BOROUGEI COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill,BayRoad; Kodiak, Alaska 99615 (907) 486-9363 August 7,2012, Public Hearing Item T-A I - PUB, LIC HEARINGNCT1� A public hearing will be held on Wednesday; September 19, 2012. The Mating will liegincat 630 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC-17195, reducing the required off-street parking from 22 spaces _V-10 spac-esoccbrding to-KIBC 177175.040.,-- - - - - - - - -- 317 .Shelficof Street This notice is being sent to you because.our recorkindiCate yon'are a property owner/iterested party in thearea o the request. If you do not wiih to testifY verbally, you may provide your comments in the space below or ilia lette to the Community Development Department. 'Written comments must be received b' 5 pm. September 4. 2012 frankuonsidered by the Commission: if you would ble to fax your comments to us, our fax number is (907) 486- 9396 or youmay email them to ssniithOkodi'alcalc.us ifyon would like to testify via telephone, please call in your comments during the appropriate public hearing section of the.nieethig. The kind call-hi telephone number is 480-3231. One week prior to theregular meeting, on iliednetday, September 12, 2012, a work session wilthe held at 6:30 p.m. in the Kodiak Island Borough Conference:Room (#124), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal ;rights if you ,disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please .feel free to call us at 486-9363. YOur Name: /7' ' 4-).-"‘i Moiling Address: ,-,734 fif:// ced Your prOperly description: 5/1,03' A171- Comments: tj A' 7 24 i "9 is ,r(-frrh,A ,gr--- ixe---c3,74.;;;-/ e/kic57.4. r I. --- .--- '4 1/" ii.,, // rri ./7"' A, ." 1 - A • IA /61' o / .v/zeVe" 0,5 'i/CR?ert it/7 ,,if a 4,r' C r I r4-l'e'S • fige-..ei O c SEP - 4 2012 --..),) . COMMUNITY DEVELOPMENT DEPARThOt - . Public Comment - Page 6 of 27 Hearing Item 7-A P&Z - September 19, 2012 Sheila Smith From: John Adams <jadams@seattlegeneralagency.com> Sent: Monday, August 13, 2012 5:16 PM To: Sheila Smith Cc: John Whiddon Subject: Case. 13-006 Island Seafood Company LLC/ Pacific Seafood Kodiak / Variance request Attachments: 2012-08-13 180637.pdf Attached is a copy of the Public Hearing Notice. I am John Adams, Personal Representative of the Ursin Estate and responsible for all Estate matters. My office is at 1715 West Nickerson St.; Seattle, WA 98119 Our property is N29A located at 319 Shelikof Street, Kodiak, AK I have no objection to the requested parking variance requested by John Whiddon. John Adams 1715 West Nickerson St Seattle, WA 98119 206 282-7000 800 724-4840 Fax 206 283-1419 Adams-Seacienatt.net JadamsSeattlecieneralaciencv.com 1 Public Comment - Page 7 of 27 Hearing Item 7-A - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710:Mill Baylload, Kodiak, Alaska 99615 (907) 486-9363 August 7, 2012 Public - Hearing bend- 7-A PUBLIC HEARING NOTICE A public hearing will be held 011 Wednesday, September 19, 2012. The'rneefmg will begin at 6:30 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC.17.195; reducing the required off-street parking from 22 spaces.V,10-space,s3-accorcling:t.o-KIBC 17175.040, - - 317 Sheiikof Street I-Industrial . This notice is being 'sent to you because our records Mdieate you are a proper ty:owner/interestd party iti the area Of the request If you do not wish to testify verbally; yoitriiiypovide iout,eomniehts in the space below or a letter to the Community Developnient Department Written comments must be received bv 5 nm, September 4 , 2012 to be considered by the commission. If pit would like to fax your comments to us, our fax number is:- (907) 486- 9396 or you may email them to ssmithOkodiakalems. If you would like`to-pslifyila telephOneililease call in your . comments during the appropriate public heariiig,sectiOn'lif the Meeting. The'loCalcdll-in telephone number is 486-231. One week .prior to the regular meetdng, on Wednesday, September 12,2012, a work session will be held at 6:30-p.m. in the Kodiak Island Borough Conferenceitoom (i#111);,tOreView the packet material tor the ease, Kodiak Wand Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel five to call us at 486-9363d 19b.--c-, -R Your Name: 0 COMM Mailing-Address: "1 4rX I 6° 4 ,.., ? .1 ' .. ,,,7, WM' properlydeseription: */ Er1714:1 f FP-1 573 ? ---.4 s Comments: A • IL '5' - - 411111MISIIREWM Le Inliffir MIIICIffifklMlirI., N M MI pti 0 • . • _ . . fl 1-N, E C 1Z %7 E • SEP,' - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT - . Public Comment - Page 8 of 27 I gi 4114, Hearing Item 7-A P&Z - September 19, 2012 ICODIAK ISLAND BOROUGH. COMMUNJTY 1.EWLOPMENT LEPARTMENT 7101Viffi Bay Road, Kodiak, Alaska 99615 (907) 486-9363 August 7,2012 Public Hearing Item 7-A A public' heating will be held' on Wednesday,'September 19, 2012. The Mdeling will begin at 6:3Q 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: APPLICANT: AGENT: REQUEST: LOCATION: - — -- ZONING: 13406 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC.17.195, reducing the required off-street parking fi_Lum • - 22 spaces W-10 spacwacc,rding terFaBc 177175.044z- - -- 317 Shelilcof Street I-Industrial , This notice is being sent toyou because our recerds.iudicate y,oti are property ownerruitaeitod pany in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the community DevelopmentDepartment. Written comment s must be received by 5 rn Se tember 4 . 2012 to be considered by tbe commission. If you would like to fax your comments to us, our fin( number is (907) 486- 9396 or you may email them to ssmithOkodiakak.us. Ur)u would like to testify Via telephone, please call in your comments during the appropriate public hearing settiOnotike Meeting. The local :Call-in telephone number is 486-3231. • One week prior to the regular meeting, on Wedttes ,September 12,,2012, a work session will-beheld at 6:30 p.m. in the Kodiak Island Borough Conferenceltoomffl12I), to review the packetmaterial for the case. Kodiak Island Borough Code provides you Willi specific appeal rights if you disagree with the Commission's decision on this request. If you haVe any qUestions about the request or your appeal rightt, please feel free to call us at 486-9363: our Name: (1:41212:::-..,C4 I( .:Are-kat Meriting Address: 7 ZS– A- . S tfEZ-frik/C)F- Your property description: S' EA./ 3-C-CC- a (Ls -,,ve-..siE a /4 -.-. Hi Comments Is, P0 ni c) "I" l):...) si S /.1 7C70 7i4-E ef-ertFrc__ ST■g pate* 41 frc-4- A-S . r17 e_u.e.e.c - A r r Ly .--AaR5 . z-_-_c..s&-PF---c-o-,11------,-. kr.:6-----^r-aw ,-- ^ry- ihic ucT:c--Pki cuo- p LA-L Pe're---r /Pr 6_-- -r- c_ _ _ . _ Ay 6(A._,(\cL--c, C 11 VIE SEP - 4 2012 ...)) • • COMMUNITY DEVEI OPMFNT DFPARTNIENT Public Comment - Page 9 of 27 (n, f 1blic Hearing Item 7-A , F462 - September 19, 2012 September 1, 2012 To Kodiak Island Borough Community Development Department Re: Case: 13-006/Island Fish Company, LLC/Pacific Seafood Kodiak (IFC) From: Engine Room Supply 322 Shelikof Street Suite B ,Kodiak; AK 99615. We are Very concerned about the request to allow a variance, per KIBC 17.195, re-ducing the required off-street parking from 22 spaces to 10 spaces on'Shelikoff Street, and requestthat the variance be denied forseveral reasons. There are an insufficient number of parking spaces presently, alongthis section of Shelikof Street. Our employees must park on the street so that customers can park in the spaces provided on the building's property. We rent one of four businesses in this building, with one space available for our customers Most Of the tirne. On our side of Shelikof Street, 1-hour parking is allowed, and on thegast side the boat harbor side) 12-hour parking is permitted This means our employees are currently competing with drivers who work at businesses on Shelikof Street for parking. Should this variance be granted, there would be a great deal more congestion than already exists. Reducing the available parking will be a burden to existing businesses with a possible loss of revenue CustoMers currently can't always find plates to park and do not want to park illegally. They may take their business elsewhere, or Should fewer spaces be available. This will make a bad situation worse. We would like to suggest that IFC provide shuttle service for its workers to get to and from the job, or incentives to workers who carpool. IFC could also use part of its own property for employee parking. There are solutions, other than granting this variance: Thank you, Charlie & Laurie Madsen Delivered electronically 5ECEIVE:;\ till SEP - 4 2012 COMUNI1Y DEVELOPMENT DEPARTMENT Public Comment - Page 10 of 27 a P ; Hearing Item 7 -A P &Z - September 19, 2012 Downtown Parking I am opposed to any variance allowing a reduction in the required parking spaces. Downtown parking is at a premium. The one hour parking in front of the Harbor Building is abused daily. Retail customers cannot park in front of establishments to do business. The private parking lot assigned to my building is constantly being utilized by Pacific Seafood employees as shown in the photos below. Harbor Building parking lot utilized by Pacific Seafood's employees. Different day, same problem with use of private parking lot. Public Comment - Page 11 of 27 tikHearing Item 7 -A September 19, 2012 Same problem different day. Cannery vehicles in one hour parking. I had to call the city police to get these vehicles to move. My retail customers had no direct access to my retail space. f) Le-Cc-\A N(\,5 n Public Comment - Page 12 of 27 D CCU( OVE SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT l ayng Item 7 -A P &Z - September 19, 2012 THOMAS LORAN 410 SHELIKOF ST. KODIAK, AK 99615 August 30, 2012 Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd Kodiak, AK 99615 sent via email to ssmith@ilkodiakak.us Re: Case # 13 -006 Island Fish Company /Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A-1A and 19A -2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. I am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and .escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize my parking. lot. Then, my customers and my employees cannot park in our own lot. Or..often have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non - customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many of our neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come to work an hour early just to get a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Public Comment - Page 13 of 27 ; Hearing Item 7-A September 19, 2012 Our parking lot is the big "Shelikof U-Turn" for when people drive up and down the street looking for a parking space. People are pulling in to make a U-Turn, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or block the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. I have seen many near misses as many of the pedestrians are not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship pasSengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co-considered with the City government. Designating some parking spaces for a 1-2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries/seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? Thank you. Thomas Loran attachment Public Comment - Page 14 of 27 Pubf, taring Item 7-A P&Z - 'optember 19, 2012 „ ... . , . . „ • . , . . Current Location Request a Variance, - ..• . .. . . . per KIBC 317 Shelikof Street 17.195, reducing the required , P&Z Case 13-006 . off-street parking from '22-spades - '' : ' • , ISland, Fish Company, LLCi _. to 10'spaces;.according to Pacific Seafood Kodiak, • —., KIB,C17.-175:040. . • ..- . .. . , ...,....„.,. ., „ ;•,-*T-14..,v..4,11.Tr,-,..,:,--:: -.,V:V., 0 . '',.:-.; `...,;,:-5::.■q%:,,..P ''.1:.1i1,9,,','' t',4 'r5,f",..'''''''''' ,00 „...„ ' r r 4',. Q _ ' V ■ . ' , ■ ' ' „ ,,, ,, 6.90 O . , 9zi''.."9:t, -\ ••• ' .., "',1".,:r- ;:,"_,..?....,`,-;*1•.., •5''';•.,?,:•=••••,"k,-•:;•:•,?•:,'-`,,P:„iq,',47=n-g!-.1";,q :1 ..- ' .--, ,s.-•.•••••''' •t:.•• .. i ,-"z., '.•-P• : , , :, , '., , , , ■: , '.. :411`2V„.1._.1,-':, ...",,,': '',5.":1'./... 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' ,... , ,- • "s 6 . . . , • ..,,, . Kodiak Island Borough GIS . . Legend • ' . — ' JOIN E VW' „ Subject Parcels, Feet L o iro 340 • , i 0,0 ; . ' . '177.1■otiii6atioh Area . . This mop was prepared frOrn 16S KMilais (Mond BorougiftdIS iyislem, ti Is provides( for the purpose of showing the general location oa propedy within the kodiak Island Sarong . ' TVA mop does not represents strIvey„fifore information about the mapping dote can be obtained by contecVng the Kopek I eland Bolo? IT Department et (0D7)486:9333. Public Comment - Page 15 of 27 09/04/2012 09:50 9074 TELEPHONE (907) 496.5752 KODIAK MARINE PAGE 01/01 earing Item 7 -A - September 19, 2012 412 SHELIKOF AVENUE KODIAK, AK 99615 Debra Davis, Kodiak Marine Supply Property description: 20A 9/4/12 FAX ) 496 -2662 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 13-006 There is currently not enough parking along Shelikof Ave. to accommodate the work force in the seafood processing industry. When the processors are working, all parking along Shelikof Ave, is used, from the boat harbor to city dock. Eliminating 12 more off - street parking spaces, as requested by Pacific Seafood Kodiak, will only increase this shortage. Please consider this situation when reviewing this variance request. Thank you. Sincerely, Public Comment - Page 16 of 27 09/04/2012 13 :28 425 778 FEDEX OFFICE PAGE 01 Hearing Item 7 -A P &Z - September 19, 2012 KODIA,I ISLAND I3OROUGII COMMUNITY D VELUPMENT DEPARTMENT 710 Mi 1 Bay Road, Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Public Hearing Item 7 -A PUBLIC EEEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, be . e the Kodiak Island Borough Planning and Zoning Commission, to hear comments if : , on the following request: CASE: APPLICANT: AGENT: REQUtST.: LOCATION: ZONING: 13 -006 Island Fish Compliny,LLC/Pacific Seafood Kodiak John Whiddon, G era) Manager . A Variance, per iB.C_ 17.1.95,- reducit _ the .regtiited.of'f:street.parking fir__ 22 spaces I.g 10 s oes, according to KIBC 17.175.040. 317 Shelikof Stre4t I- Industrial This notice is being sent to you because our the request, If you do not wish to testify ve to the Community Development Department to he considered by the commission. if yo records indicate you are a property owner /interested party in the area of Bally, you may provide your comments in the space below or in a letter Written currprnents must he received by 5 pmk September 4, 20112 would like to fax your comments to us, our fax number is: (907) 486- akak.us. if you would like to testify via telephone, please call in your 9396 or you may email them to smith ekod comments during the appropriate to public 486 -3231. One week prior to the regular meeting, on in the Kodiak island Borough Conference R Kodiak island Borough Code provides y decision on this request. If you have any q at 486 -9363. Von rNomc: y• 1Mft Baring section of the meeting. The Local call -.in telephone number is . dnesday, September 12, 2012, a work session will be held at 6:30 p.m. am ( #121), to review the packet material for the case. ' with specific appeal rights if you disagree with the Commission's bons abort the request or your appeal rights, please feel free to call us t CO 6S t.t.i2s`r V\y,€, rin MailingAdare s :: ialUS`0-DA_SSe\L— fl1t Your property description: L1 2. D A. Comments: RA- ..1155 t I rr ?\wPAZri9 9r,.... - -_ _33_ ___ __.. SP_P- ..` —.•© ,r1A46f l ..--- .......- �.... ,Ilm • Public omment Page 17 of 27 09/04/2012 13:28 425 - 1778 September 2, 2012 FEDEX OFFICE 7 AGE 02 hearing Item 7 -A P &Z- September 1'9, 2012 OLAND JAMES 105 LIEGE DRIVE, HENDERSON, NEVADA 89012 425- 652-8571 Lelail[djalnes71. (7ayahoo.coiri Kodiak Island Borough Cor imunity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Public Hearing Notice (September 19, 2012) Subject Case: 13 -006, Islai d Fish Co. Pacific Seafood Kodiak Respondent Location: Lots120A and 119A -2, 332/334 Shelikof St. Dear Kodiak Island Borough Planning and Zoning Commission Members: I purchased the NAPA building at 332/ Shelikof St. in 1979. The building was originally built! in 1965 after the quake as the APEC auto parts store. APEC was then the largest auto parts company in Alaska and had seven state wide locations. The owner was experiencing financial difficulties when .I purchased the property. Since that time a number of tenants have occupied the building. A Mr. Dave Handel the current owlner of Kodiak Auto Parts stepped up and purchased the business after NAPA decided they wished to leave Kodiak eleven years ago. A , the property owner and in order to facilitate the new tenant I asked Northern Commercial to relocate their liquor store to give Dave more space. The other half of the building was then serving as a fishing supiply store. Anyone who has ever done business in the area knows that parking is a problem. t purchased adjactnt vacant land (Lot 19A-2) for additional parking to facilitate my changing tenant needs 1,2 years ago, giving me parking on both sides of the building, but still not enough for some users, a restaurant for instance, who have to look elsewhere. Public Qomment - Page 18 of 27 09104/2012 13:28 425 -- 778 FEDEX OFFICE 011 • PAGE 03 P- fearing Item 7 -A P &Z - September 19, 2012 Having spoken before in fropfft of your commission about a very similar issue a number of years ago and understanding the problems I recommend the following points be considered in your final determination: 1. How many employee$ does Island Fish Co. (IFC) have? 2. How many company idehicles does IFC have? 3. How many and how dig are the businesses dumpsters? 4. How much parking area serves other uses, fish totes? 5. Where will the service trucks park for deliveries? 6. Where does the outgcbing trucks park? 7. How much parking 4 set aside for visitors, handicapped? 8. Others in the area ne.d more parking. 9. How will your decisidns affect other business in the area? 10. Are there alternative0? Like purchase of adjacent Ursin site, or shuttle to other private:, or public parking areas. We've all worked together iin the neighborhood over the years and sometimes we find some businesses growing beyond their boundaries. The Kodiak Brewery is an oxarple and they have recently moved to a larger facility. As an ownerVlandiord for 33 years I've tried to assist small business make it worthwhile to locate in Kodiak, and remember that I brought my entire IifO savings , in 1979, to Kodiak and invested in its future. While all businesses need to! justify their existence with profit, it should not come at the expense of Other nearby owners and tenants. Thank you for giving the Napa Building owner and tenants an opportunity to voice their concerns. Sincerely, . . Jaynes Owner/Manager Public Comment - Page 19 of 27 P( L; Hearing Item 7-A P&L: - September 19, 2012 KODIAK ISLAND B iROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 hfilliayRoad; Kodiak Alaska 99615 (907) 486-9363 August 7, 2012 - Public Hearing Item 7-A A ppblic hearing-will be held on-Weduesday,September 19, 2012. The meeting -will begin at 630 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddoii, General Manager A Variance, per r,x3c 17195, r ,eclucing the required off-street parking ft_n 22- spaces a:10 spaeascaeconAing to1(4130 17:175.040: - — 317 ShelAidStreet This notice is htigt sein-taY*110d101§!0*1P01*ingt*e.i'aii arc Pr0POItY nwndtiinttre*4 P ._anY in di! arm of the request. If you do not wish to *6.01y-verbally, you lliay,provi4O:yout eminent in the space below or in a letter to the c roi munityDeVelopmentDepartnient. Written continents mast be received bv 5 orn, September 4. 2012 to be considered bv the COMMISSiiill. lfyou wituldshiceto fax your comments to es; our fax number is: (907) 486- 9396.ot you may email theta to ssniitliakediakakais. If pin would like to testify via telephone, please eallin your . ... comments during the appropriate public heating section Of the Meeting. The local call-itt telephone number is 486-3231. .. One week prior to the regular meeting, on Wednesday,...4eptentber V„ 2.012, a wOrksession vailltelield at-6:30 p.m. in the.Kodiak Islandliortaig.h ConfereiateltOont (#1211 tii',teView the - 'et inatorialfor the case. Kodiak Island Borough Code provides you with sped* appeal :tights if you disagree with the Commission's decision on this request. If you have anytfroesti about the zequest oryour appeal rig*, please feel free-to call us at486-9361. Your Name: eya, liar 1.,a.i 4 Mailing Add P 0.20x Lir 9 your property description: Icoa ft f k. )14c_ 99'.615— , Comments : T 4,'S 1. , 1 It ry a k-e. tic),30,10‘ I) as415 1, 1 e a rt ,i, ;, ritor 4-1,1411 i 4 efirOji 1 5 „ ■- 9 /.:--/ tr foci,e,,c-- Clov-,2 . . - ort,A,11, . ryto 610 kni (. co vt, _ . - 4 - SEP 2012 .... . .. . ., _ COMMUNITY UV' FlOPMENT DEPARTMENT Public Comment - Page 20 of 27 Jblic Hearing Item 7-A P&Z - September 19, 2012 KODIAK ISLAND BOROUGH COMMUNITY' EVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 , (907)486-9363 August'7, 2012 r, Public Hearing Item 7-A N0 NOTICE A public hearing 'will be held on Wednesday, September 19, 2012. The meeting will begin e 630 p.m. in the Borough Assembly Chambers, 710 WI Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: - APPLICANT: AGENT: REQIIEST: LOCATION: ZONING: 13-006 Island Fish Company, TC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per K113C-17.195,, reducing the required off-snret parking from 22 spaces X-10 spaces5.aceording 17475.040:- - - — - — 317 Shehiof Street I-Industrial - This notice is being sent to you because our recotdsindie,ate yeti art a preperty owner/interested party in the area o the request !f you do not wish to.testif3r verbally, yeit'ni4 provide your comments in the space below or m a letter to the Community Development Department Written comments must be received bY 5 m Se, temher 4 2012 to be considered in the c0111111iSS1071. If yon NA,ould like-to fax your comments to us, our fax number is (907) 486- 9396 or you may email them to ssridilu@kodiakak.us. gym, would like to testify via telephone, please call in your comments during the appropriate public hearing section °fate Meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wedn'eSdaY, September 12k 2012i a work session will be held at 630 pan. in the Kodiak IslandBorough Confemoce Room;(#121),,to review the packet material for the case. Kodiak Island Borough Code provides ytm with specific appeal rights if you disagree with the Commission's decision on this request ,If you have any questions about the request or your appeal sights, please feel free to call us at 486-9363. „ ._ voorNacae: a/Piv/ g /10 tit,' Mailing Address: fol-/el ,/)4i I WA/ vt-4.) Mir property description: ..64 .0''' kg it __e.- Comments: al'I. 1 ,4 ' A .... 1)-(4,, / ' - , J- . Ai " .• . - — e -4,477-4f,— / .--• ° i / h oter e` i. „- V 11.0/ ' ewe s / Je r-,,. , re-c es.5-4 1.-- c, 1,-)47 ii,/,--1 es:/1/4" fo,g-r: La 4 4 • •,' e • , A 1,,,- ., • ;.- - - , ii-/ Pii-riC i oti - 4 .- : 5 ,-.—c ' /AI .7-- jLere - VE '- SEP 4 2012 C3NINIU19111/ DEVELOPMENT DEPARTMENT- Public Comment - Page 21 of 27 Pry �c Hearing.Item 7 -A P &Z- September 19, 2012 KODTAN ISL;A►NII► BOROUGH • .... DEVELOPMENT DEP:MO NT • 710 Mill Bay hold, Kodiak, Alaska 99615 , ' ' ..7 (907),486 -9363 • .. ctbll+c J1e�ring'1tetn.7 u= t7 2t}12 AR G 'NOTICE • A public hearing will be. bi'eld"cm Wednesday; 'September 19,2012: The:rnteti g will be& at :6:30- pm:- intbe Borough Assembly Chambers, 710 Mill Bay Road, Kodiaki'Alaska, before the Kodiak Island Borough..Planning and Zoning Commission, to hear comments if any, on the following regixesl: .13 -006 . APPLICANT: Island Fish Company, LLC/Pacific Seafood Kodiak AGENT: John' Whiddon, General' Manager REQUEST: A Variance, per KIBC•:17.195, reducing the required off-street p :..2� spaces* 04tages-rpccerkliag;to 3C• 1/3- 75.040: • -. - - ._._ LOCATION: f l7 Sl eliko f :SlneeE .. ZONING_ . 1- industrial " This notice is being sett to you' because our records indicate ytrtt a a prdperty ovvnerfinterested party in the area of the request, kryou do not Fish to'testify vetbaliy, You may piovide.your comments in the space below or in a letter to the Community Developme titDepa tinent.Nytitten comments must be received.bv 5 pm. Sentemb+er 4, 2012 to be considered by the con natillopt.lf you roUld' like to fax your comments-to.us;' our fax number is (907) 486- 9396 or yqu may email them to ssmith@kodidak.m. if yon wanld like.ta testify, vin telephone, please end in yoar comments during the appropriate public hearing section•of the meeting. 'The'iti l ea11 -1a, telephone number is 486-3231. •• • . .. . • . ' be • Oxie week prior to the regular meeting, oil •WVednesdayz••September 12, 2012; a work sessiaxi viia• held at 6:30 p.m. in the Kodiak Island Borough Conferepcet om ( #121), to re'vaew the- packetmaterial•for the case. ' ' Kodiak Island Borough Code provides yi'u `with' specific appeal•'rights if yon disagree., with the Commission's decision on thus request_ If you have;anyquestions aboUt the requester your appeal rights, please feel free to callus at 4$6 -9363. • • . . • Your Name:_, /LS' hi/ LIMA/I7 •ll.: _ . Milting Addrxss: /,'. // :L iii /✓d /= Your property description; ✓ 1/ i :� �/ � i /r , arraveta: 2'! /3"" // -ii /ALAI C..t. O'Ala!/ T 4- €041 //44,4/ Geis%" ;.r .... 4• . —d'!(� i -7 '-'7 MAO----- .... .' iL - ,e e"v'(% ..I ♦ 721.— - J .r% 4/ / .- pi . Eer c��1 ' 7 I- J f% r j ef • j % J... -. _ f . 1', .,.. �. _ r�r . • f'. ! ... {t/ .x.55 • / 1 r /jJ��... ' / if i /. � � 1 1 //,}�:r .V j � / {.:� pi// //�� / "/4",7 JJ�7 ' '' L_- - 'fr'. r 1.1 ' ,• �• .r �,1r .( ... L fir' 1 ., `•,!V .. L.j' . mment - gage 22 o riIic Hearing Item 7 -A P &Z - September 19, 2012 KODIAK ISI!' ANI BOROUGH COMMUNITY Y DEVELOPMENT EPARTMENT 71aMill'BayRoad, Kodiak, Alaska-99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7-A G NOTICE A public hearing will be held on Wednesday, September : 19, '2012.. The meeting will begin at 6 :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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13 -006 Island Fish Company, LLCIPacific Seafood Kodiak John Whiddon, .General Manager A Variance, per K113C 17.195,; reducing the required off-street parking from 22- spaces t_••IQ spaces; aoeording to-K BC• 17475.040z- - 317 Shelikof- Street I Industrial This notice is.being sent to yapbt cause ourrecords:indicate you are a property ownertintereste i party in the area of the_ request. Ifyou do not wish to testify verbally, yon-may provide your comments in the space below or in a letter to the Community Development Department Written comments must be received by 5 nm, September 4 . 2012 to be considered by the commission. lfyou would like to fax your comments to us, our fax number is (907) 486- 9396 or you may email them to ssmith@kodiakak.us. Ifyou would like to testify via telephone, please call in your comments- during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. • One iveek,prior to the' regular meeting, on Wednesday,.Septenber.12,1012,,a work session will be held .at.6 :30'p.m. in the Kodiak island Borough Conference.itoom ( #121) to review the packet material for the case. Kodiak Island Borough Code provides' you with'., specific appeal rights if you disagree with the Commission's decision on this request if you have any questions about the request or your appeal rights, please feel free to Call us at 486 -9363. �^ �1 l Your Pane: fit' AA/0Y ,C1,/U. 6/`"' Mailing Address: - o%.S; e p4 EL ii &c -51- Your property description: ✓1 /,T ; . /cci'3�• -TY%i' //��A Comments: 2) )2 A A, 7G 1Q L.Qj #14Y Too Ate' /-r�.G rj• L.Frev cm} _ .I'i7F L-) of sr" 1r/1 TA/ .. 04i.1;tkiY)t , 7 %'-d)J Li/C ,0 ri ✓1/'.) /1-;o4-----7-6-.- 7 F- -/I -0 Or r /VI- - - — -- .,.._. .. -- EC E SEP, - 4 -2012 COMMUNITY DEVELOPMENT DEPARTMENT - Public Comment - Page 23 of 27 rAP( Hearing Item 7-A 5-39— c;2,xpii-z.- September 19, 2012 • KODIAK i&LAND BQROUGR COMMUNITY DEVELOPMENT DEPARTMENT 710,1viillBay Road, 'Kodiak, Alaska 99615 0- (907)486-9363 August 7,2012 Public Hearing Real 7-A A public hewing will be. held on Wednesday, September' 19, 2012. The -meeting will begin at 630 pm m the Borough Assembly Chambem, 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: APPLICANT: AGENT: REQUEST:,, LOCATION: ZONING: 1.30,06 10100 Fish Company, LLC/Pacific Seafood Kodiak JahridtkM, General Manager A-V."aiiar4,.per KIBC17.195, reducing the required off-stmet parking from 22Spacei V•40 spaces; according to-KIBC17-.--175.040z - - 317 .ShehlOf Street This notice is being sent to yeti- begat* our rebords,indicate you area prOperty ownerfmterested party in the area o the tequest. Ifyou do filoit)yish4to testify verbally, you rnay provide year comments in the space below or in a letter to the COMinututy:: , :.0:05jittg . Dacit!btpartment. 'Written contrite t s must be received bv S m Se tember 4 . 2012 If you would like to fax your comments to us, our fax number is (907) 486- 9396 or you may email IliediftO Stmith@leodiakak.us. Hypo would like to testify via telephone, please call& your comments during the appropriate public hearing section of the meeting. The local CW141 telephone rowdier is 486-3231. One week prior to the regular meeting; on Wednesday,.September:12, 2012, a work session will be held at 630 p.m. in the Kodiak Island Borough ConferenciAoom (0124 to review the packet material for the case. - : Kodiak Island ,Borough Code- provides you vfriikspecifie appeal rights if you disagree with the Commission's , deAiSion on this request If youhave taniqueitionS-about the request or your appeal rights, please feel;free to call us tt4*;003. 31g0 v•eAVA$1.1L0.- Wir; l'otiiiisi: 10 er ‘ I 1505/ - Main Address; tO gex, is Kai Ak. ,. . Your prokrty descriptitin: .. Comments e , 4 i . o ei • .ser\tiy- .Q., - ,f\Cre 6 611,,,ii.A ‘5w evt A/ VLS E C E IE . — i.i 2012 zii ‘ • . scr 4. , ,..r 72 .,:41•4.-:,,,, _.. t4T cummuNimra_ ... . • • • utillc Uomment - Iage 24 ot. ■ blic Hearing Item 7-A P&Z - September 19, 2012 KODIAK ISLAINTD BOROUGH COMMUNITY DEVELOPMENT doEF'ARTMENT 7101v1iliBity Road, Kodiak Alaska 99615 0071486,9363 August 7, 2012 Public Hearing Item 7-A A publie-hearing will be held on Wednesdzy; September 19, 2012. The meeting will begin at 6:30 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: APP3K7ANT: AGENT: REQUEST: — - -- - LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A 'Variance, per K1BC 17.195, reducing the required off-sireet parking ftm 22- spaces V-10 sPacesoceording•te-10B0171-175.040:- • - - • - • -- 317 .Shelilcof Street I-Industrial This notice is beingsent to you because our recordsindicate you'are a property owner/interested party in the area of the request. If you do not wish testify veabally, you may provide your comments in the space below or in a letter to the Community Development Department Written comments cornments must ' .ed b ' 5 I m. Se I te ber 4. 2012 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. If yOu would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The Iocal call4n telephone 'Wither is 486-33i. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.tn. in the Kodiak Island Borough Confmence'Room (#121); to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If yon have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: e/ 2---,9r4M2-0-A, Wiling Address: 'f:V/4 . ,5 Vas-4 42) <- , V 7 - - - , Your property description: ■42,44-Also ,14,4774,47-aZe.4 ...777674/acr-fr- Comments: 174— .1-24-i., /3", .51,/e-4,-cr," 5.77 444.1" ..%.4-'-C 4 ,09 cr. - /4- ar2 c-79-5"-ile "Hp/4 4-- ',P., ...*--;c_.s. Z...- ,,,,e, 040e,00-e_ 13,,,s ....-e-:.; . - -----s ----7xle ' Dz.i.="7 - " .- -- __21,4:.,,T, -a-^?"-ciloPS 12,9-e-, ;'.• c St- -),9 .,,, a 12_1- / 1 : . ? ,.. 1-2';' 0..<",..1.,4,' S EVe244- / Ee-Fepe. 7749-iletx4 j-4) 77k745- }-94,44-4,_, Xl-a-e-04 ni0" ,r,r--,-,-c.-_i.t...". -5j7bile- 0-7714-1 re 6 am, -,,-x p loyic.,--4 7-', 16944-L 4/i/... "47i:5 I, X4;46. ":FZ). . Wis- 5-" p-77/e-re 494,4 C 11.d.e.S /,:.-47-`„Sg 41,"1 -7-,714-, .5717--tre7 EC 1Vt SEP - 4 2012 -2 COMMUNITY friill IIPMFNT INPARTMFNT Public Comment - Page 25 of 27 Mc Hearing Item 7-A - September 19, 2012 Comments • Recieved after Deadline Public Comment - Page 26 of 27 09/05/2012 07:58 FAX Cam* MIC Enterprises, LLC Sept. 3, 2012 To:: Cotnniunity Development Dept Case : 13-006 ic Hearing Ite P&Z - September 7-A Nei P.O. Box 2338 Kodiak, A1:99615 Fax 907-4864553 Phone 9074864538 As a-property owner with in the Public HearingNotice area we are in favor fav*r�fgan1irg the variance request for several reasons; the issue ofparking on Shelikof St. is less of an issue then-5-10 years-ago. We had grandfath. ered most canneries find businesses on the off street parking issue in the 80's, the only thing added to increase parking has been the addition of water front parking on the north side of the harbor ramp. As for canneries their employees either car- pod, walk, ride bikes or take cabs and I feel they have minimized the impact on parking almost single hindedly when you take into account there's probably 4-600 active emery workers at any given day along Shelikof: We have businesses which have no off street parking available to them as their building foot print takes up their entire lot, but there grandfathere.d and a possible parking problem becomes the burden of the few property owners which have room for economic expansion which increases our -tax base. I feel we-should be allowing the majority ofparking to be considered on street for all the businesses along Shelikof St and if yOu,really locket it, it already is and if it is a. problem it is taking care of itself. Again lets work with the remaining property owners which have the ability for expansion because they are in the minority and it is in the best- interest of all. Kevin Arndt MK Enterprises, LLC ECEINE SEP -5 2012 COMMUNITY DEVELOPMENT DtPARIMENT Public Comment - Page 27 of 27 Iic Hearing Item 7-A PAZ - September 19, 2012 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission FROM: Duane Dvorak, Acting Director, Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13-006 APPLICANT: Island Fish Co., LLC / Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces according to KIBC 17.175.040. LOCATION: City Tideland Tracts N29-B and N26-B; 317 Shelikof Street ZONING: 1- Industrial Forty-two (42) public hearing notices were distributed on August 12, 2012. Date of site visit: September 8, 2012 1. Zoning History: City Tideland Tract 26-B and Tract 29-B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. 2. Location: Physical: Legal: 3. Lot Size: 4. Existing Land Use: 317 Shelikof Street City Tideland Tract 26-B and 29-B Both City Tideland Tracts — 1.4 acres total Seafood Processing plant (including incidental retail) 5.. Surrounding Land Use and Zoning: North: Lots 17, 18 and 20A, Block 3, New Kodiak Subdivision Use: Business Zoning: B- Business Staff Report - Page 1 of 11 I Iic Hearing Item 7-A P&Z - September 19, 2012 South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Uplands Zoning: PL-Public Use Land (uplands only) West: Tr. N-29A Use: Processing Plant/ Dock/Warehouse (currently vacant) Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area for Industrial (south side of Shelikof St.) 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.175.040 OFF-STREET PARKING — NUMBER OF SPACES REQUIRED. Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Chapter 17.195 VARIANCES. 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 APPLICATION. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. Staff Report - Page 2 of 11 )lic Hearing Item 7-A P82 - September 19, 2012 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in 'local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the _ investigator's report and receipt of testimony at the public hearing, that the use - _ proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:I ;1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply_generally_ to other properties in the same land use district: 2. That the strict application of the provisions of this title would result in practicaf difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or _ prejudice to other properties in the vicinity nor be detrimental to the public's health, 'safety or general welfare; _ 4. That the granting of the variance will not be contrary to the_objectives of th4 comprehensive 5. That actions of the applicant did not cause special conditions financial •hardship or inconvenience from which relief is being sought by a variance; and 6._That_granting_ the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance.; 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Staff Report - Page 3 of 11 , ,Jic Hearing Item 7-A P&Z - September 19, 2012 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.195.100 STAY PENDING APPEAL An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS INTRODUCTION This case has been submitted as the result of a protracted code enforcement proceeding against the subject property. The use of the property has evolved over the years from seasonal custom seafood processing and retail operation to an industrial scale seafood processing plant. As a result of these changes over time, the activity level and storage needs on the site have pushed a great deal of the previously available off-street parking located on the site to on-street parking. In particular, the increase of shift worker parking by those employed on the subject property has contributed to the difficulty of other workers and patrons of the area to find adequate on-street parking in the area. In addition, it has been reported that the reconfiguration of the site with vans in a "loading berth" configuration oriented towards Shelikof Street has further reduced available on-street parking by at least a couple of parking spaces, although staff believes that this loss of public parking falls outside the scope of the variance request and is a matter under the jurisdiction of the City of Kodiak. In fact, the regulation and management of all on-street parking in the City of Kodiak is not regulated by the parking provisions of KIBC Title 17 zoning and does not in any way contribute towards compliance with applicable off-street parking standards. The petitioner has requested to reduce the number of required off-street parking spaces on the site from 22 down to 10. While no site plan/parking plan was submitted with the application, staff observes from the narrative submitted that the 10 spaces resulting from the variance as requested would be equally divided between the existing five (5) loading spaces (typically occupied by shipping containers) and five (5) standard off- street parking spaces (at 9 by 18 feet in size) located at the front of the property. In order to visualize what this might look like, staff has included a copy of Zoning Compliance Permit (ZCP) CZ2012-79 in that appendix to this case packet. Staff Report - Page .4 of 11 IIic Hearing Item 7-A P&Z - September 19, 2012 Staff has made a several observations from the site plan accepted as part of ZCP CZ2012-79. First, the site plan only appears to address the number of off-street parking spaces based on a floor area calculation of 14,180 square feet. This worked out to 20.26 off-street parking spaces at one (1) off-street parking space per every 700 square feet. This was rounded up to 21 off-street parking spaces on the permit, however the parking plan shows 22 spaces. It appears then that the variance application was in some sense taken from the parking plan but for the purposes of the variance review staff will consider that the calculated number of REQUIRED off-street parking spaces is 21. Second, the site plan/parking plan submitted for ZCP CZ2012-79 shows a single driveway cut for access to the site of indeterminate width, but presumably adequate for two way traffic at a minimum width of 24 feet. KIBC 17.175.080.F.1 establishes a maximum driveway width of 32 feet. At the time of conducting the site visit staff observed that the actual driveway width is actually much wider than indicated on the site plan/parking plan. This is due to the modification of the curb and cutter area in front of the van loading spaces designated on the plan. This was apparently permitted by the City of Kodiak public works without any revision to the approved parking plan as shown in ZCP CZ2012-79. This appears to be another code compliance issue for which a variance may be required in order to achieve relief from parking code compliance. Third, staff notes that the Handicapped-Accessible Parking standards under KIBC 17.175.080.1.1.a would appear to indicate that no (0) accessible spaces are required for parking areas requiring between 1 and 25 off-street parking spaces. As indicated by a note however is a reminder that this provision deviates from the Americans with Disabilities Act (ADA) which requires at least one van accessible off-street parking spaces for all businesses that are required to provide off-street parking generally. Parking Calculations for other Industrial Uses along the Waterfront The petitioner has indicated in the application submittal that other seafood processing plants have benefitted from parking variances over the years. Staff does not typically focus on other properties or uses when considering a variance request. Variances are not intended to be a comparative analysis between one property and another, or many. Staff considers that the "exceptional physical circumstances or conditions applicable to the property or its intended use or development that do not apply generally to other properties in the same land use district", as limiting the scope of review to the activities and uses existing or proposed on the subject property only. Staff similarly does not consider other variances approved by the commission, whether they were limited by conditions approval or not, to establish a precedent that must be observed in other similar cases. Staff considers that each case is taken on its own merits, turns on its own facts and circumstances, and in many cases may be based on different code standards applied over the years. Prior to 1991, industrial parking requirements were based upon the following standard: Prior KIBC 17.57.020.A.1.j... "Industrial or manufacturing establishment: one parking space for each three employees during the maximum employee shift and one space for each company vehicle." Staff Report - Page 5 of 11 )lic Hearing Item 7-A P&Z - September 19, 2012 After 1991, there were a number of parking calculations for seafood processing plants that were based on an interpretation of the code that broke down the entire operation into it constituent components such as Office, Retail, Processing (Industrial) and Warehouse. This involved a complicated calculation based on floor area diagrams in addition to the requisite parking plan. In addition, these floor plans were quite often subject to change over time as the processing plants evolved to match the needs of the industry. After about 2001, staff began employing the Industrial parking calculation of 1 off-street parking space per every 700 square feet of industrial floor area on the basis that it provided a simple calculation that takes into account the variations of floor area allocations that are typically associated with seafood processing plants. If a plant has leased floor area to another entity or for another use that would a different matter, but the reality is that all industrial uses have a certain amount of office space, warehouse and in some cases incidental retail, in addition to the actual floor space devoted to seafood processing. Prior Variance Case 11-011 The legal concept of "res judicata" indicates that a matter once decided cannot be requested a second time. In accepting the application for this parking variance staff was cognizant of res judicata, however staff felt that the circumstances of this request were sufficiently differentiated from the request in Case 11-011 as to constitute a new (different) request. Case 11-011 was advertised as a variance to reduce required off- street parking from 17 to 10 spaces and to allow two additional parking spaces to be Idcated on another lot with 600 feet. It was during the review of Case 11-011 that staff became aware of an additional 5,000 square feet of floor area on a second level of the processing plant that had not been accounted for in prior zoning compliance permits. In addition, the parking plan review did not provide any credit for off-street parking 'represented by the loading spaces, which was an interpretation of the code that has been applied in other seafood processing and commercial parking calculations. Subsequent review of the parking plan by staff during the prior case resulted in a negative recommendation based on a staff analysis that demonstrated a compliant parking plan that was substantially different from the parking plan that was originally tendered by the.applicant and upon which relief was requested at that time. The parking plan approved by ZCP CZ2012-79 is based upon this updated information that was revealed during Variance Case 11-011 and as a result the variance is not just about the numbers of parking •spaces but also about the layout and configuration of those spaces as indicated on the most recent zoning compliance permit. Staff has provided a copy of the definition of res judicata from Black's Law Dictionary in the appendix of this report for commission review. The commission or other entities on appeal can decide for themselves whether the current zoning variance request should be barred by res judicata. Based on the definition, it is not clear to staff whether the commissions quasi-judicial decision in Case 11-011 constitutes a "judgment rendered Staff Report - Page 6 of 11 �,lic Hearing Item 7 -A P &Z - September 19, 2012 by a court of competent jurisdiction" or whether staff is sufficiently qualified or authorized by code to make this decision on behalf of the commission to bar a case on the basis of res judicata, or other concepts of law that are not referenced in borough code. Staff therefore is presenting this case as a new (different) case and is providing an analysis based on the standards for variance as provided in KIBC 17.175. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little in the last 20 years or more. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist 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. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary. hardships. 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. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which' -may be otherwise disadvantaged due to the physical circumstance of the lot(s) in question. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance recommendations, accessory buildings and garage .additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards . because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off - street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking Staff Report - Page 7 of 11 Hearing Item 7-A P&Z - September 19, 2012 is hard not to consider as an action of the applicant from which relief is being sought by variance. Existing off-street parking that is displaced from.a site will reduce the pool of available on-street parking and the Shelikof Street area is known for its limited availability of parking, both on-street and off-street. In the I-Industrial zoning district, where there are no setbacks for waterfront industry and where the maximum building height is unlimited, parking is the only limitation on development. The commission should consider carefully whether the grant of a variance is the only solution to provide relief for a disadvantaged site or whether there are other conforming alternatives that due to cost or other consideration are being disregarded in favor of proposed variance. RECOMMENDATION Staff does not find that all six (6) standards for variance to reduce the parking on City Tideland Tracts N26B and N29B are met by this request and recommends that the commission deny the requested variance to reduce the parking requirement from 21 off- street parking spaces to 10 off-street parking spaces, five (5) of which would be loading berths. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motions • Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking . spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following motion approved: Move to adopt-the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about • 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot Staff Report - Page 8 of 11 A T) 4lic Hearing Item 7 -A P &Z - September 19, 2012 area of 20,000 square feet and lot width of 75 feet that is required for the [- Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace . employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing . uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case -by -case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning . codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi - judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off -site Staff Report - Page 9 of 11 Iy_,Jic Hearing Item 7 -A P &Z - September 19, 2012 It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started with development under the current community parking standards. 17.66.050 A.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. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right -of -way. It is prudent therefore to -work with property owners to ensure the maximum number of required off - street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. Staff Report - Page 10 of 11 C--)lic Hearing Item 7-A P&Z - September 19, 2012 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to'assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Staff Report - Page 11 of 11 RES Res judidata /rfyz jinvdokeydoi. A matter adjudged; a thing judicially acted upon or decided; a thing or Metter settled by judgMent. Rule that A final judg- ment tendered by a Court of competent jurisdiction on the merits is conclusive as to the rights of the Parties and their privies, and as to them, constitutes an absolute bar to a subsequent action involving the same claim, demand or cause of action. Matebett Rose, 46 111 App 638, 344 N.E.2d 770, 779. And to be applicable, requires identity in -thing sued for as weli as identity of cause of action, of persons and parties to action,: and of quality in persons for or against whom claim is made. The sum and aub- *nee of the whole rule is that a matter once judicial ly decided is finally decided Massie Pant, 263 Ky. 183, 92 S.W.2d 11, 14. See also Res adjudicata, supra ; and Collateral estoppel doctrine; Final decision rule; Issue preclusion. Estoppel and res juditata distingisiShed, see Estop- pel. Res 4itigiosv /rfyz, letijiyowsay/. In Roman law, things which are in litigation property or rights which constitute the subject-matter of a pending ac- den. Res, mahcipi /rfyz rran(t)sapay/. See Mancipi res. Res mobiles /riyz mowbaliyz/. In the civil law, Mov- able things; things which may be transported from one :plate to another., without injury to their sills- stance and form. Things corresponding with the chattels personal of the common law. Res nova /rfyz nowva/. A new matter; a new case; a question not before decided. Ras nuillus /riyz nalayast. The property of nobody. Athing Which has rnowner, either because a former owner has finally abandoned it, or because it has never been appropriated by any person, or because (in the Roman law)' it is not susceptible of private ownership. Res periit domino /riyz pehriyat dernanow/. A Phrase used to express that when a thing is lost or destroyed, it is lost to the person who Was the owner of it at the time. Res. privatEe /rfyz praveydiy/. In the civil law, things the property of one or more individuals. Res public /rfyz p5blosiy/. Things belonging to the public nubile property; such as the sea, navigable rivers, highways, etc. Res quptidiap /riyz kwowtidiyeyniy/. Every-day matters; farrilliar-points or questions. Res religioste /rfyz ralijiyowsiy/. Things pertaining to religion. In Roman law, especially, burial-places, which were regarded as sacred and could not be the subjects of commerce. Res universitatis /riyz yilwnaVersateydas/. In the civ- il law, things belonging to a community (as, to a municipality), the use and enjoyment of which, ac- cording to their proper ptrpose, is free to every member of the community, but which cannot be ap- propriated to the exclusive use of any individual; such as the public buildings, streets, etc. Res accendent lumina rebus /riyz alcsendant 1(y)0wmana riybas/. One thing throws light upon others. Public Hearing Item 7-A P&Z - September 19, 2012 1174 Res accessoria sequitur rem principalerd /OW gek- sasorOya sekwadar Prin(t)sopeylatiti. The accessory follows the principal. Resale. Exists *beta a person who has sold goods or other property to a purchaser sells them again to someone else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in ,payment of the purchase money,, and in some cases, (e.g., on a :tale of perishable articles) the vendor may do so . without having reserved the tight, U.C.; § 2-706 provides the conditions under which a seller has a right of resale on breach by the buyer of the sales contract. Term may also refer to act of retailer who purchas . es goods from manufacturer or wholesaler for pur pose Of selling -such goods in normal 'course of buti- ness. -See also Retail; Retailer. Regale price maintenance. An agreement between ,a manufacturer and retailer that the latter should not resell below a specified-Minimum ,prite; Until 1976, federal statutes exempted such state permitted agree - thetas from antitrust actions. Resceit /,rasfyt./. In old English practice, an admission or receiving a third person to plead his right: in : cause formerly commenced 'between two other's; as in an action by tenant for life, or years, he in the reversion might .corte in and pray to be reeeived to defend the land, and to plead with the dernandant. , Rescelt of homage trasfyd av (h)Ornaj/. hi old English law, the lord's receiving homage, of his tenant at .his achnission to the land Rescind. To abrogate, annul, avoid, or cancel a con- tract ; particularly, Minifying 'a contract by the act of a party. To declare a contract Void in its inception and to put an end to -it as though it never were. Russell y. Stephens, 191 Wash. :314, 71 P2d 30, 31. Not merely to terminate it and release parties from further obligations to each other but to abrogate it from the beginning and restore parties to relative positions :which they would have occupied had no contract ever been made. Sylvania Industrial Como - fatten v. Litierdeld'S Etta* C.C.A.Va., 132 F.2d 887, 892. See also Rescission of contract. Rescissio /rasish(iy)oW/. Lat. In the civil law, an annulling; avoiding, or making void; abrogation; r6,, scisaiOn. Rescission of contract. A "rescission" amounts to the unmaking of a centred, or an undoing of it ,from the beginning, and not merely a termination, and it may beeffected by mutual agreement of parties, or by one of the parties declaring rescission of contract without consent Of other if a legally Sufficient gtotind therefor exists, or by applying to courts for a decree of resets-. aion. Abdallah, Inc v. 'Martin, 242 Minn. 416, N;W.2d 641, 644. :Annulling, abrogation or unmaking of contract and the placing of the parties to it in status quo. Sessions y. MeadoWs, 13 Cal App 748, 57 P.2d 548, 549. It necessarily involves a repudia- tion of the contract and a refusal of the moving party to be further bound by it. See also Renunciation;: Repudiation. An action of an equitable nature in which a party seeks to be relieved of his obligations under a :con- Appendix-Page 1 of 3 �7 Kodiak island Borough Community Development Department 710 Mill BayRd. Rm 205 Kodiak. AK 99615 Ph. (907)486 - 9362 Fax (907) 486 - 9396 htto://www.kodiakakus Zoning Compliance: Permit hIic Hearing Item 7 -A P &Z - September 19, 2012 Print- Fosm 1 Submit:byEmail 14;89 6 Permit No. .ez2a.12-79 1 Property Owner/ Mailing Address: Phone Number: Other Contact email,. etc.: Legal Description: Street Address: The following information is to be supplied bythe.Applicant: Island Fish Co. LLC 317 Shelikof 486 -8575 Subdv: ATS 317 Shelikof Block: 26B Lot 29B Use & Size of Existing Structures: Processing Plant with Retail component Description of :Proposed Action: Installation of Exterior stairway to second floor portion of plant Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing. buildings, proposed location of new construction, access points, and vehicular parking areas. Compliance Review: J Current Zoning: Industrial KIBC 1,7105 ZI PROUD 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable.. <" " "" ` ,Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk''g Plan Rvw? Yes # of Req'dSpaces 21 Plat /Subdivision :Requirements? Does the project involve an EPA defined: facility? N/A RYES, do you have an EPA Return Receiptof.Notifcation ?' "Permit will not be issued until receipt is submitted-to KIB" Appendix - Page 2 of 3 N. /A r • ST PAUL I-/ARBQ/? Building Square Footage Total = 14,180 Parking Calculation (14,1801700) = 20.26. Parking Spaces Required = 21 (20.26 rounded up) ilic Hearing Item 7 -A P &Z - September 19, 2012 C✓ - CZ -Za/z -79 . Appendix - Page 3 of 3 4,4 S %t /v Ita VarI an a (Nun/ - A , „_ Public Hearing Items 7- tt—rvwv. 21/ Reql: A var"F�nce to allow the reduction of parking from 17 to 10 Lurrent Location off - street parking spaces; and, review of an alternative parking � Z Case # 11 -011 arrangement for relocating two (2) off street parking spaces from Investments LLC Tracts N26 -B and N29B, City Tidelands to Lot 18, Block 3, New, allik Kodiak Townsite Sub. L 2'`0. hP �� 3•`p .\5 21 .uu LO .,� CO 4ftX �4 21a • `'D 2p \1 a ,!cr• OcJ n • , . D •t.! 296 V .�'�. `� )-,�2 e,1/ II. p OP O' 3�a �t n 3 ^� b `�V' (0 2 3 ` N. 322 '-g-2- 3p1 C' q'\2 �O r\ 2 3p 320 e " N --1 �I 36 3�3` 3 9 - N � 33i • co ;P , rl, . 319 00 CO V ' a \2 323 N Z Q'P 26 Z fi / 3b," • 4 Kodiak Island Borough GIS System ,N lq 0 S 0 125 250 500 750 1,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -B SN \(b* `Q ,5k- \,,, 0 (ZP *9 '.5 Case No. 11 -011 Introduction Page 2 of 4 Public Hearing Items 7 -B Case No. 11 -011 Introduction Page 3 of 4 A `�— Kodiak Island Borough Zoning Map Community Development Department N µt Current Zoning Request: o allow a reduction in the number o P & Z Case # 11 -011 required off - street parking spaces from 17 to 10; and, two parking spaces to be relocated from Tracts N26 -B and N29 -B • tiL &W Investments LLC Review of an alternate parking arrangement that would allow up to to 18, Block 3, New Kodiak Townsite Sub. lSJ. ®�jl l�� ,' $, � � " O J ��P 5 0 , 0 87.5 175 35' 1 1 1 r 1 Feet ��\2 �6S� ''k 12 ;, N 2 V �� 31� h Ds `b o o X22 32 �A N" N �� 8 32 32 • �� �� 330 a 2 �� 336 3,-66,32' CP 33a Q' 3 m n,v �cP� 3/0 m N 32 N Z P 325 Z %.".? CV NN tt19 Z \—%K\ 419 O. Zoning Legend Business Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation 11 Natural Use Two Family Residential Rural Residential = Split Lot Zone MIIndustrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 11 -011 Introduction Page 3 of 4 Public Hearing Items 7 -B \tft- c\ \Z* NQ 5k- \tZ 0 (6.'") ,Q Case No. 11 -011 Introduction Page 4 of 4 5 CUKOF STIZ ' • . . - P, ubiio } jeiring Items 7 -6 co vat Nrs custc / E[41."• TRgN,5,,+Y.}c7M' -"O 1 e • , 4erAL "z" oi4/ Asuc.xvcao Variance Case 11 -011 Revised Site Plan /Parking Plan a 67° /7'!0" ST PAUL PAR 00 12 LOLA-- • A-10 C, \*.. c 2. 1�1/4011 Application Page 1 of 10 /.55.0.5 �vv11+-111 a �vrra. v vv.av s +..w.. 710 Mill Bay Rd., Room 2( ; m0DIAK, AK 99615 -6398 (907)4 6-9363 - F ,.,,;907) 48 ub nearins Items 7 -B www.kib.co.kodiak.ak.us Applicant Information Property owner's name P4 6,3 /iv esfrn 4,n•T s Property owner's mailing address 3/ -) 5/f“/% 57 City State Zip rat— 9f6/5 Home phone Work Phone E -mail Addr. ca& - S)5 J411,VJtJv% AO- Agent's name (If applicable) ea c=5�'� Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information g((6 Ov2q -6) iqs 4C4- 002a - (3) ropertv ID Number /s t'oC.{5 APO_ — 3 ct M24- -, C14,,/ Fad Legal Description Current Zoning: Ld OP %N04151204-e__ Applicable Comprehensive Plan:. /C e CAP 200b Year of Plan adoption: 2,0 Present Use of Property: (>',„11-,c-r...6 n Proposed Use of Property: .r _♦ (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review Is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may Include optional supporting documentation as Indicated below. ✓Additional Narrative/History r/ As -bullt Survey Photographs 1�Maaps Other Jam, r1J�.� Property Owner's Signature 6/2.0 Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutger U,slversity) STAFF USE ONLY Code Section(s) Involved: KtIQ�'. /7.057 Oyo $ O 5"0 ✓ Variance (KIBC 17.66.020) $250.00' Obi 26 201 Conditional Use Permit (KIBC 17.67.020.B) $250.0 �at Other (appearance requests, site plan review, etc.)�oisland Boroug�r Zoning change from to (KIBC 1 .triameaPapagrinynnt Application received by: At fc"4 6 0 Staff signature PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per KIB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more Case No. 11 -011 Application Page 2 of 10 $350.00 $750,00 $1.000.00 $1,500.00 Pao icSea ood. Public Hearing Items 7 -B October 26, 2010 To: Bud Cassidy, Director, Kodiak Island Borough, Department of Community Development From: John Whiddon, General Manager, Pacific Seafood Kodiak Subj: Request for parking variance Ref (a). CZ 2007 -62 Parking plan for P &W Property, 317 Shelikof Street, Kodiak, AK (b). Kodiak Island Borough Code 17.195.050 (c). MB GIS map of Tracts N29 -B and N26 -B City Tidelands (d). 2008 Kodiak Island Borough Comprehensive Plan (e). MB GIS map of Lot 18, Block 3, New Kodiak Subdivision, 330 Shelikof Street (f). Proposed revised parking plan under current configuration (g). Proposed revised parking plan under revised configuration The parking plan developed in March 2007 for the P &W Property (Island Seafoods/Pacific Seafood), reference (a) specifies the requirement for 17 parking spaces per Borough code. No additional buildings have been built on the property since 2007, however the property has become congested due to the growth of the business and in order to continue operating safely and efficiently, the number of vehicles and parking spaces remaining on -site should be reduced. I would like to request a variance per reference (b) to our current parking plan to the following: a. Variance to reduce required parking from 17 to 12 spaces (see references f & g) b. Variance or fording to allow the use of the company owned property at 330 Shelikof for two of the 12 spaces (per KIBC 174.175.050) (reference e). Per Reference (a), the following comments apply: 1. "Exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district." The property under consideration (reference c) combines two City Tideland Tracts, N26 -B and N29 -B, both owned by P &W Investments, LLC. Island Seafoods leases the property and operates a 12 month per year seafood processing operation on both tracts. Additionally, the business includes a retail component that primarily operates during the months of May — September. The growth of operations and expansion to a 12 month per year operation has reduced the available parking on site to 15 parking spaces. Even at this level, the pace and scale of operations creates congestion and contributes to an unsafe working environment. Reducing the number of vehicles to 10 on -site with two additional across the street (total of 12 spaces or a net reduction of five spaces) would improve the safety and operational efficiency of the business. The adjacent property at 330 Shelikof (see reference e) is company owned and is currently used as a maintenance shop. Would request a review of required parking spaces for the property to 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 3 of 10 Public Hearing Items 7 -B determine if two additional parking spaces can be allocated to the total required for the 317 Shelikof Street property, per KIBC 174.175.050. Most seafood processors on Shelikof Street benefit from being "grandfathered -in" and as such, are not required to meet the same off -street parking standards. Additionally, several of the retail business also lack off -street parking which places an additional burden on available street parking. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship'': Reference (a) above defines 17 parking spaces which for practical purposes, no longer permanently exist. The growth of the business has necessitated the movement of large freezer vans, waste dump trucks and the movement of forklifts to the extent that parked vehicles must continually be moved to accommodate the functions of the business A reduction by five of the required spaces on the property would eliminate the need to regularly move vehicles and would further eliminate the congestion that currently exists. Without a reduction in the required number of spaces, the business would need to reduce the volume of fish processed which would result in reduced fish landings and the elimination of permanent full time processing workers. Island Seafoods and its parent company, Pacific Seafood. Group, has developed new markets for a variety of species, and provided opportunities for fishermen to expand markets and improve competition in the marketplace. Shrinking the business at this time would disadvantage fishermen and adversely impact the competitive position of the business. 3. "That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public's health, safety or general welfare:" The granting of the variance will not result in any material damage to other properties in the vicinity. It will, however, improve the safety and general welfare of fishermen and customers who frequent the business. Island Seafoods was recently awarded the SHARP Award by the State of Alaska AKOSH in recognition of its achievements in workplace safety. Our goal is to continue to operate in a safe manner for employees, fishermen and customers. It is recognized that parking on Shelikof Street can, at times, be very limited and the additional over flow of parking onto Shelikof Street will further impact the available parking. To address this matter, Island Seafoods/Pacific Seafood, is taking the following steps to mitigate the impact on Shelikof Street parking: a. encourage car pooling by employees to reduce the number of vehicles driven to work b. although a long term project, obtain additional space or property to provide the required parking c. will investigate financial viability of purchasing and operating a company van to transport employees to and from work 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan." There are no specific references contained within the 2008 Comprehensive Plan, 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 4 of 10 Public Hearing Items 7 -B Pau icSea ooft reference (d),that pertain to parking. However, the intent and purpose of the parking requirement is clearly understood. Every effort will be made to adhere to the requirements as outlined by the Community Development Department. 5. "That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought, by a variance; " To a certain extent, the growth of the business over the past three years has created special conditions in that the business has expanded beyond the original plans and scope. Island Seafoods has taken on three trawl boats which has significantly increased the volume of seafood being processed at the facility. This business growth is actually natural expansion resulting from the ownership by our parent company, Pacific Seafood Group, in Portland, Oregon. The company has developed markets for flatfish, halibut, salmon, cod and rockfish and the trawl vessels are necessary to provide the raw materials for these markets. The special conditions mentioned in #5 above, pertain to safety of operations that have been impacted by the growth of production at the facility. The primary goal of the variance beyond the need to meet Borough requirements is to improve the safety at the plant. 6. "That granting a variance will not permit a prohibited land use in the district involved" The proposed variance will not result in a prohibited land use. In summary, this variance request stems from the natural growth and expansion of the business, which in turn is now constrained by the limited space of the property. Granting this variance (or variances) would improve the overall safety of the operation while having a minimal impact on the Shelikof Street parking. Having a healthy seafood industry is imperative to the economic growth and development of our community, so I would strongly encourage the P &Z Board to favorably consider this request. It is anticipated that the company will eventually need to expand again, so future growth and expansion will require the company to either relocate or acquire additional property to meet both the company needs and to remain in compliance with the respective Borough codes and ordinances. I would be available at any time to discuss this request further, either on -site or at hearing or public meeting. Feel free to contact me at the number below or via email at jwhiddon @pacseafood.com. John Whiddon General Manager Pacific Seafood Kodiak 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 5 of 10 • 51-igLIKOF . STREET • * • * . • • &ZEC • ract4N.1.0214/44•X? • • • • * cpwiNerrir CC70 Public Hearing I • z METAL 'Z PIUJ/1 .9C/LALVEAL, 43\ 121 ..— • l51—'D4i- Pkv--..A.O, IiI g.00eL 142-. 0 1-'szq 9 c7,0 1 16 Lx2/2c0i;Ssi 42./;-. .;; 67°/7"10" -2 87: PAUL 1-1AROOR /As AP\Pr 75O\ . . •- . _ e.7() Q(P&O T ('(40 400 r357-- ,71 ro ,A1 I CE- Case No. 11-011 Application Page 6 of 10 (c) ms 7-8 Case No. 11 -011 Application Page 8 of 10 Kodiak Island Borough Results Map Contents =i KIB 0 water Features ti ❑ Labels l ;' MI Streets ' Parcels PLSS Background Imagery ▪ KIB Boundary (--fl 6in Imagery ' lft Imagery • .4m Imagery N' 2ft Imagery i +1 lm Imagery ' Shapes Background '4 Coastline Borough Boundary http://gis.kodiakak.us/KIB/ Page 1 of 1 ESRI ESRI Support Center Help 10/21/2010 9 -L swell 6uuseH 3!IQnd '10/10/12 4:23 AM MJI L IKOF Public Hearing Items 7 -B ST--- RE ET "-__ ' • • air 1..mwr..rcx+^+� Bel 5.3 31r- t U 13t z lv S 67' /7'10- W ST PAUL PARE °n oo -- 1C& 11)351-' 46 •F1 aJ r r � •'J Case No. 11- 011pA1pplication Page 7 of 10 ie' e (4•) 04 10 6 e6ed uogeogddy 440-44 ON aseo (?) �)^'3tr3i3 9 Kodiak Island Borough Results Map Contents F KIB r Water Features r Labels �£ F Streets F Parcels ' F PLSS F Background Imagery '4' KIB Boundary *! 61n Imagery • lft Imagery I=' .4m Imagery 1l, 2ft Imagery • lm Imagery BI Shapes F Background It F Coastline • F Borough Boundary http://gis.kodialcak.us/KIB/ if6L oil- Page 1 of 2 ESRI ESRT Support Center Help 10/25/2010 8 -L swan 6uueaH oiignd '10/10/25 8:45 PM Retail SHELIKOF STREET 5 ft t 10 ft a / j 2 41 ft Bottom Fish Processing M2in Processing Case up Area Sorting Line 1 1 16ft 4* 7 ft Loading Dock Ramp and landing Public Hearing Items 7 -B 15 ft—►, Power House 5 Sport Fish Van 8 9 72ft 10 Ice Plant Bait Van Bait Van Bait Van 4-- 45 ft main Dock Sea Wall Old Dock Case No. 11 -011 �1{lpliration Page 10 of 10 ♦�e Pere &_ 1 (e Public Hearing Items 7 -B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2010. 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: 11 -011 APPLICANT: P &W Investments, LLC (Island Seafoods) AGENT: John Whiddon REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off -street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: I- Industrial (317 Shelikof) & B- Business (330 Shelikof) This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 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. Written comments must be received by 5 pm, November30, 2010 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 -478 -5736. One week prior to the regular meeting, on Wednesday, December 8, 2010, a work session will be held at 5:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your properly description: Comments: Case 11 -011 Public Comment Page 1 of 6 Public Hearing Items 7 -B Current Location 317 & 330 Shelikof St. P & Z Case 7 -B P &W Investments, LLC Island Seafoods Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. Kodiak Island Borough GIS 170 340 680 1 1 1 1 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case 11 -011 Public Comment Page 2 of 6 Vie. Public Hearing Items 7 -B FRANCIS COSTELLO CITY OF KODIAK JEFFREY JOHNSON PO BOX 4451 P.O. BOX 1397 211 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOYCE GREGORY JOHN JOHNSON VICTOR DOWNING 215 W. HILLCREST ST 236W REZANOF DR 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JEROME BONGEN LIVING TRUST CHRISTINA LYNCH JOHN JOHNSON PO BOX 3523 11175 LAKE ORBIN DR 236 W REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY MONROE LIVING TRUST PATRICIA OLSEN T FSLIE T JAMES 308 COPE ST P O BOX 10I4 PO BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 DUKE JONES ALLAN THIELEN DIANA MACDONELL P.O. BOX 1604 318 W HILLCREST ST PO BOX 4302 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 JANESAUER 1436'0'ST ANCHORAGE, AK 99501 ROBERT LACHOWSKY LESLIE JAMES 315 COPE ST P 0 BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 ALEXUS KWACHKA 326 COPE ST. KODIAK, AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK, AK 99615 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 318 COPE ST KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 THOMAS WALTERS RUSSELL WELBORN REV LIVING STEPHANIE ZAWICKI P.O. BOX 3336 TRST 18991 E. MOYEN RUELLE COURT KODIAK, AK 99615 505 38TH ST PALMER, AK 99645 ANACORTES, WA 98221 SUSAN JEFFREY MONTE NEDROW KURT R ERIKSSON P.O. BOX 3363 P O BOX 8983 PO BOX 1552 KODIAK, AK 99615 KODIAK, AK 99615 SOLDOTNA, AK 99669 Case 11 -011 Public Comment Page 3 of 6 Public Hearing Items 7 -B MONTE NEDROW GLENN DICK THOMAS KOUREMETIS PO BOX 8983 11879 MIDDLE BAY DR PO BOX 1392 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MICHAEL RESOFF PO BOX 911. KODIAK, AK 99615 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 JOSHUA.LEWIS P OBOX 456 KODIAK, AK 99615 WILLIAM BISHOP 302 MARINE.WAY KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 MARK ANDERSON KYLE CROW LANA JANE MONTEIRO 1124 STELLER WAY PO-BOX 6103 PO BOX 1072 KODIAK, AK 99615 SITKA, AK 99635 KODIAK, AK 99615 CHRISTOPHER WING TOM KOUREMETIS ISLAND FISH.CO., LLC PO BOX 2827 PO BOX 1392 317 SHELIKOF ST KODIAK, AK 99615 KODIAK, AK 99615' KODIAK, AK 99615 LELAND JAMES LANA MONTEIRO THOMAS LORAN ETAL 4635 - 194TH AVE SE PO BOX 1072 410 SHELIKOF ST ISSAQUAH, WA 98027 KODIAK, AK 99615, KODIAK, AK 99615 P Est W INVESTMENTS LLC 317 SHELIKOF ST KODIAK, AK 99615. INTL.SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 KODIAK .MARI NE SUPPLY INC PO BOX 99098 SEATTLE, WA 98199 BJM,LLC P.O. BOX.4174 KODIAK, AK.99615, Case 11 -011 Public Comment Page 4 of 6 NORMAN URSIN.SR 1715 W. NICKERS.ON ST SEATTLE, WA 98119 Nov '86 1004:56p Chris and drei,,,41 In g 9014:m0098 Public Hearingglgms 7-B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ()07)4W-9363 November 3, 2010 Pubtic ilearing Item 7-13 PUBLIC HEARING NOTICE A public ng will be, held on Wcdnesday, - Dccvtnber 15, 2010Thc Meeting will hcgin at 7:30 0.111. in the Borough Assembly Chambers, 710 MW Bay goad, Kodiak, Alaska, before the Kodiak bland Borough Planning and Zoning Commission. to hear comments if any, on the follbwing CASE: APPLICANT: AGENT: REQUEST: ZONI*1: 11-011 P&W Investments, LK: (Island Seafoods) John Whiddon A Variance, according to KISC 17.195. to allow a reduction in the number of required off-sty:et parking spaces from 17 to 101 in support of a seafood processiag (industrial) land use per KItc..! 17.175.040: arid, 'ReviCW" of an adiernatiie parking arrangcrnent, itecOrding to KIBC 17;175.0.50 to allow thc provision oe up to two (2.) Off-Street parking spaces oat a noneOntignous lot located within 600 feet of the seafood Processing, plant to supplement the 10 spaces propoSed-in the variance request above. C4 Tideland Tracts N2943 and N2643 (Seafood Processing. Plant) 317 Shelikof Street & Lot 18. Block- 3, lqew kodiak Suhdiv,qcn (Alternative' Parking Site) 330 S helikof Street l-lndustrial 31 7 $hel ikoc) & B-BusinesS (7330 sbetikot) This notice .le being-Sciitto you because Our records indicate you are a.property owner/interested-patty in the area of the request. If You OD net WIS4 to testify verbally, you may provide your comments in the space below, (Win a letter to the Community - peyelepnient Pepertment. Writ wit einnineatt n:es: hzr(vvi■vc! 'fp. 5 cmhz.r30. 2eiti ,4±..,;;Sz ro b e'oltAlekred...l.wttie.,..-mnnikit,ii. l'1' yon would like to fax youreornments to us, our fa k number-is: 119071486, 9396: If you would like.toleifitify via telephone, pletise call:in our comments during the appropriate public hearing section of the meeting, The local call-ii telephone number is 4136=323I. The toll free telephone number Is I -I100,47S-57j6. One'iveek prior to the regular meeting; vii Wednesday, December 8, 2010.a work session will be held at 3......30-p.m. Mille Kodiak island 13orOugh ton ference Room'(#12 I). to review the packet. Material for thevake. . Kodiak Wand Borough Code pro,vides. you with specific appeal rights -if you disagree with the cararni%ion's decisiOn,on this request; If you have any .questions 'about the requesi Or yOut apPeal rights, please feel free to Call 'us at 486-9363. . , , ,i„ _..-•: . , 17iiiir NanmejA1,5:28SEg_____ M jttturt ls vow- properly tlescrl limit i ,14" 0 . -UL' . , ! ' 0 61: -44 , 11 • 0 a U11 - ' - iir '4111/r5V/MINC. . • ,v ../ O: Elf i 1 '. S iF . _ A ' _ 1.04M1r5 1 . -- , , , „ • / .. JrAK, • ,.. • f A. A r ' 8' 1 W :. • : ' .- . • . . u . • ' aftriWillfiff , i rY ilt P Case 11-011 Public Comment Page 5 of 6 Public Hearing Items 7-B Case 11-0U1 Public Comment Page 6 of 6 DATE: TO: FROM: SUBJECT: CASE: n Public Hearing Items 7-8 MEMORANDUM November 29, 2010 Planning and Zoning Commission Bud Cassidy, Director, Community Development Department ion for the December 15, 2010 Regular Meeting 11-011 APPLICANT: ID&W Investments, LLC (Island Seafoods) REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29-B and N26-B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: I- Industrial and B-Business Sixty_(60).public hearing notices were distributed on February 19, 2010.i Date of site visit: November 19, 2010 1. Zoning History: City Tideland Tract 26-B and Tract 29-B This area is identified as Industrial use 'since before the 1968 KIB Comprehensive Plan was adopted. Lot 18, BK 3 New Kodiak The north side of Shelikof Street was zoned B-Business and designated Central Business District in the 1968 Borough Comprehensive-Plan, and the original platting there predates current parking regulations. aff Rpt Page 1 0 14 Public Hearing Items 7-B 2. Location: Physical: 317 and 330 Shelikof Street Legal: City Tideland Tract 26-B and 29-B & Lot 18, Bk 3 New Kodiak Subd. 3 Lot Size: Both City Tideland Tracts — 1.4 ac & Business lot - 4570 s.f. 4. Existing Land Use:Seafood Processing plant (including incidental retail) & machine shop 5. Surrounding Land Use and Zoning: North: Various Lots Use: Business . Zoning: B- Business • South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Zoning: N/A •West: Tr. N-29A Use: Vacant Processing Plant/ Docks/Warehouses Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area Business (north side of Shelikof) and Industrial (south side of Shelikof St.) 7. • Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.175.040 OFF-STREET PARKING — NUMBER OF SPACES REQUIRED. City Tideland Tracts • Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Lot 18, Block 3 C. In all cases, 'a minimum of three spaces shall be required for each principal use in a building. Case No. 11-011 Staff Rpt Page 2 of 14 Public Hearing Items 7-B 17.175.050 OFF-STREET PARKING — LOCATION. All parking spaces required under KIBC 17.175.040 shall be on the same lot as, or any contiguous lot in common ownership as, the principal building or use that they serve; provided, that if the commission finds that it is impractical to locate the spaces on such a lot, it may_permit them to be located on any lot within 600 feet oftheprincipaibuiIding or use. The lot must be in common ownership or a long-term easement, license, or permit for use of the alternative parking shall be secured. All parking spaces required under KIBC 17.175.040 shall be located in a use district permitting the use which they serve. [Ord. 90-45 §2, 1991. Formerly §17.57.050]. Chapter 17.195 VARIANCES 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 APPLICATION. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. ' F1-7.195.030INVESTIGAtION.: An investigation of the variance request shall be made and a written report provided_ to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report,: 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. Case No. 11-011 Staff Rpt Page 3 of 14 r Public Hearing Items 7-B A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use __ Proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted:t 1. That there are exceptional physical circumstances or conditions applicable to, the property or to its intended use or development which do not_apply_generally to other properties in the same land use district, 2. That the strict application of the provisions ofthis title would result in practical` Oficulties or unnecessary hardship;i 3. That the granting of the variance will not result in material damage oil; prejudice to other properties in the vicinity nor be detrimental to the public's health,, safety or general welfare;, 4. That the granting of the variance will not be contrary to the objectives of the 'comprehensive plan;i 5. That actions of the applicant did not cause special conditions or financial', hardihip or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not.permit a prohibited land use in the district involved.; B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings' in subsection A of this section it shall deny the variance.' 17.195.060 CONDITIONS. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. Case No. 11-011 Staff Rpt Page 4 of 14 rTh Public Hearing Items 7-B 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. Coastal Management Applicable Policies 44 Enforceabte Policies B. Coastal Development Policy B- : Multiple Use a. Structures or dredged or fihl material placed in coastal waters shalt be designed to mtnimize the need for duplicative facilities. 'Consistency: Not Appticable.. No dredge or fi(I w�rk is planned for this developmenJ b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill materiat into coastat waters. pnmiabenm{ Not Applicable. This site is not located inor adjacent bJ coastal waters. Policy B-3: Dredge and Fill Activities a. An applicant for a projec that will place structures or discharge dredge or fihl material into coastat waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possibte. O"naistangy: Not Applicable. ant will not place o structure cr discharge dredge or fill material )n10 coastal waters, b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and ptacement of dredged or fiti materiat into coastat waters. Consistency: Not Applicable. The activity will not involve placement of structures in ordjocent«� coastal waters or placement of dredge or fihl materiaI C. Natural Hazards Policy C-1: Erosion and Landslides a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removat of existing vegetative cover, and 2. Stabilize soils and re-vegetate with native species for areas where development necessitates removal of vegetation, unless re-vegetation activities would cause more damage. ponniotmnoy: Not Applicable. The project )snot located-in ahnmmn.enoe|onar landslide hazand.anea` b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described in Section 4.5.2. Oonoistenoyj Not Applicable. The project io not located |a known erosion hazard araJ D. Coastal Habitats and Resources Policy D-5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortatity to birds. These measures shatt include, but are not timited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. Case No. 11-011 Staff Rpt Page 5 of 14 (11 a Public Hearing Items 7 -B Consistency: Not Applicable. The project does not involve a wind generation project) b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. Consistency: Not Applicable. The project does not involve the development or construction of an' energy facility) H. Recreation Policy H -1: Protection of Recreation Resources and Uses a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, non - recreational projects and activities shall be located, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Consistency: Not applicable. This request does not involve the use or develo ment of public lands or iwaters used for recreation or any other public purpose, b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. ponsisteracy: Not Applicable. The project does not involve development along a water body that may Jae used for recreation or subsistence purposes? c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. ponsistency,: Not applicable. This area is not specifically identified or reserved for recreational use under 11 AAC 114.2500! 1. Archaeological and Historic Resources Policy 1 -1: Consultation and Surveys a. For projects within the historic and prehistoric designation area,, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. (Consistency: Unknown. The project is not located in an area known for archeological resources. If, rchaeological resources are disturbed in the development process the developer will alt operations until the extent of the resources can be determined and a plan developed o either preserve the resources on -site or properly_ remove them to an appropriate— !archaeological repository) b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The project is not located in an area identified as a historic or prehistoric esource areal Case No. 11 -011 Staff Rpt Page 6 of 14 /»g- o 13c) Public Hearing Items 7-B Policy 1-2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement wiU be developed between the landowner, appropriate state offedenoi preservation authorities, and the curation facility if artifacts are discovered on the project site. Conaistency: Unknown. The project may be located within an undesignated historic or prehistoric,_ .~.... common ~ keep the location .. historic and prehistoric areas confidential '', rder to protect these areas from unauthorizedoccessi, b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(1) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Oonoiotency: Unknown. The project may be Iocated in an area identified for the stud , understandin or illustration of history and prehistory under 11 AAC 114.2500)/ K. Minera Extraction and Processing Policy K-1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the foliowing priority: 1. Upland sites, including river terraces above historic high water, D. Areas of Iow habitat value, including river bars, 3. Streams which do not provide fishhabitat, and 4. Other habitats. Consistency: Not A p|iomb|m. The project does not inoIve the extraction or processinq of _sand ond/o' gravel resources, � b. This policy applies to the sand and grave standard (11 AAC 112.260). ' - "`��( 0�~�ep�e�d�e�o�e���Vn����dg���n�~~� 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5'5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case No. 11-011 Staff Rpt Page 7 of 14 fic,‘ oc, 1.2)C2 Public Hearing Items 7 -B COMMENTS INTRODUCTION This case has changed direction from the case as originally advertised. The reason for this is the new site plan /parking plan provided by the applicant. The revised parking plan shows sufficient area to meet at least 18 of the 20 off - street parking spaces that would be required by a re- evaluation of the parking calculations for the site. That means that the request for a variance is no longer needed. But what remains is for the commission to make a "finding" that additional parking that is not provided on -site can be provided on another site (Lot 18, Block 3 New Kodiak Subdivision) located within 600 feet of the principal building or use. PARKING CALCULATIONS Building Space Determination Our calculations show that the applicant is in need for 20 parking spaces for the square footage provided at the processing plant. We have determined that the total area of all additions that make up the plant is 14.162 square feet. That figure is determined as follows: Building A — 10,000 square feet (two floors at 5,000 s.f. apiece) Building B — 2750 square feet Building C - 312 square feet Building D - 1100 square feet 14,162 — S.f. Total Parking Space Calculations Borough Code (KIBC 17.175.040) states that for industrial establishments, one parking space is required for every 700 square feet of gross floor area. Therefore, 14,162 gross floor area divided by 1 parking space for every 700 square feet of building space equals 20.23 spaces or rounded down equals 20 spaces. This represents three (3) more spaces required than were identified on the zoning compliance permit for CZ2007 -062 which only require seventeen (17) off - street parking spaces. It should be noted that this calculation figures the 312 square feet of retail fish market as incidental to the industrial use. Staff believes this is justifiable because they are selling fish products related to the industrial use and not something entirely unrelated. In addition, the use is indicated in the narrative submittal to be seasonal in nature occurring only from May to September. Typically, the code requires a minimum of three off - street parking spaces for each principal use in a main structure. As another measure of "incidentalness" the parking calculation for a retail use would typically be 600 square feet or more to reach a parking requirement for three (3) off - street parking spaces. For these reasons staff believes the retail in this case is incidental to and an . integrated part of the overarching industrial use. Based on the revised parking plan submitted by the applicant, the number of parking spaces that have been made available on the on Island Seafoods parcels (Tract N 26B and Tract 29B) is 18 spaces with 2 spaces to be provided "off site" and provided across the street on Lot 18, Block.3, New Kodiak Subdivision. That 20 parking space count on Case No. 11 -011 Staff Rpt Page 8 of 14 Public Hearing Items 7-B the two lots meets the parking requirement for the facility. It should be noted that the site plan submitted appears to have some issues of scale and staff would require these issues to be resolved on a final site plan for zoning compliance purposes. In reviewing this site plan/parking plan, staff observed several discrepancies that have been rectified in this revised calculation. There is a second floor in the main building representing an additional 5,000 square feet that was unaccounted for. However this additional was largely offset by floor area that was attributed to van trailers stored on the site. Typically, vans are licensed vehicles are considered to be occupying loading berths which the borough code allows to be counted as part of the overall parking complement, particularly in seafood processing site applications. In addition, storage vans which have been converted to accessory buildings do not typically have a parking calculation associated with them, although it is recognized that along with other outdoor storage items these vans may reduce the availability of off-street parking area. Lot 18, Block 3 New Kodiak This business is the site of a former "small scale" seafood process plant that was permitted as a "similar use determination". It has a grandfathered parking space right of nine (9) off-street parking spaces with only five (5) actual parking spaces located onsite. it is no longer used as a seafood processing plant, but the grandfather right of 5 parking spaces still exists, if you reserve two of the spaces for the island Seafood plant the remaining 3 spaces are sufficient to satisfy the parking need of the use that is currently occurring at this site. That use is a machine shop. A machine shop has a parking requirement of 1 space per 700 square feet of gross floor space. Based on the size of the building at 1,875 square feet, required parking is calculated to be 2.6 spaces which would be rounded up to three (3) off-street parking spaces. That being said, KIBC 17.175.040 (c) states: that in all cases, a minimum of three spaces shall be required for each principal uses in the building. In the end, the five (5) grandfathered parking spaces are adequate to meet the three (3) required spaces based on the machine shop use occurring in the structure found on this lot and provide two (2) additional spaces that can be reserved to meet the parking at Island Seafoods. Staff notes however that the machine shop use has been established without benefit of zoning compliance so that there is a need to review a revised site plan for Lot 18 and document the changes to the use as well as the revision to the parking space allocation. The upshot of this action however is that Lot 18 will be abandoning it grandfather rights to nine (9) off-street parking spaces and any subsequent change of use on the site that requires an increase parking requirement will likely require a variance if the two (2) guest parking spaces cannot be released in the future from the requirement to serve the use of the seafood processing use across the street. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the Case No. 11-011 Staff Rpt Page 9 of 14 P)0 • Public Hearing Items 7 -B interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little. LACK OF PROCESSING SITES Most of the sites where fish processing could occur are occupied or there is an interest in the property that prevents their use. Do we deny the right of a thriving business to grow because there is limited ability to grow? Fishing is the primary industry of this community. Supporting economic growth with processing expansion is important, but do you ignore the rules on the books that are meant to resolve an issue? ISLAND SEA FOODS REVISED PARKING PLAN Island Seafoods recognized their parking problem and that they are a victim of their own success. They approached the borough with this request. They have rearranged the site to accommodate additional parking as well as additional maneuvering space for their equipment and vans etc. The applicant foresees continued growth of the operation. But it is important that an approved parking plan not only be on paper, but be the parking that is actually utilized on the ground. To the processing plants credit, submitting a revised parking plan that attempts to meet the parking code is laudable. They have indicated a willingness to rearrange how they conduct business on the site to accommodate the needed parking, but don't believe that it will be enough and therefore still require the use of a parking lot in common ownership across the street for two (2) of the required off - street parking spaces. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist 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. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 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. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance Case No. 11 -011 Staff Rpt Page 10 of 14 Public Hearing Items 7-B recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off-street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking is hard not to consider as an action of the applicant from which relief is being .sought by variance. Existing off-street parking that is displaced from a site will reduce the pool of available on-street parking and the Shelikof Street area is known for its limited availability of parking, both on-street and off-street. RECOMMENDATION Staff believes that the required off-street parking for Tracts N 29-B and N26-B can be met can be met by providing a combination of onsite parking and satellite parking on a lot in common ownership (Lot 18, Block 3, New Kodiak Subdivision). Although staff does not believe that a variance is now required, it is appropriate for the commission to make a motion and then deny the motion unless the petitioner formally withdraws that portion of the request in writing. It is also recommended that the commission make a finding that two (2) off-street parking spaces required to serve the processing plant located on City Tideland Tract N26-B & N29-B may be provided by a combination of onsite parking (18 spaces) and satellite parking (2 spaces) on the alternative site (Lot 18, Block 3, New Kodiak Subdivision) that is within 600 feet of the principal building or use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion #1 Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following motion approved: Move to adopt the findings contained in the staff report dated November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. Case No. 11-011 Staff Rpt Page 11 of 14 cib 0- P-70 FINDINGS OF FACT Public Hearing Items 7 -B 17.66.050 A.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. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street. If there is something atypical it is that the site has historically been open enough to provide the necessary off - street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off - street parking. Staff has performed a new analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re- worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off - street parking spaces). 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties �r unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modern parking requirements and the community growth that has resulted in a largely "auto- dependent" lifestyle for many residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact . that there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day and age. It is prudent therefore to work with property owners to provide the maximum number of required off - street parking spaces even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.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. Case No. 11 -011 Staff Rpt Page 12 of 14 74 of- 130 Public Hearing Items 7-B Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought bv the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In this case, both staff and the petitioner have re-evaluated the site and believe now that up to eighteen (18) off-street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Motion #2 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off-street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29-B and N26-B, City Tidelands, in order to support the seafood processing use, and that two (2) off- street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off- street parking alternative to the off-street parking that would typically be required on Tracts N26-B and N29-B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. Case No. 11-011 Staff Rpt Page 13 of 14 CONDITIONS OF APPROVAL Public Hearing Items 7-6 1. The applicant shall obtain an "after-the-fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26-B and N29-B showing a scale drawing of the site with at least eighteen (18) off- • street parking spaces including loading berths. 3. The two (2) off-street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26-B and • N29-B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right-of-way for additional pedestrian crossings due to the is satellite parking layout. FINDING • The petitioner has worked with staff to eliminate the need for a variance request by providing additional on-site parking and the relocation of two (2) off-street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on-street parking. Case No. 11-011 Staff Rpt Page 14 of 14 10/10/12 10:58 PM October 13, 2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road, Kodiak, AK 99615 Dear Mr. Cassidy Public Hearing Items 7-B FR, 4 .- (30 It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, John Whiddon General Manager Island Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486-8575 Fax (907) 486-3007 Case No, 11-011 Appendix Page 1 of 8 P1 7? 0-hu) Public Hearing Items 7 -B E 1 t BARROW PROJECT LOCATION • uNALASKA/011TCH KODIAK GUFF STATE OF ALASKA UKAU PROJECT LOCATION LATITUDE 57.7866, LONGITUDE 152.4134 KODIAK 1, 1 NEAR ISLAND ROUND is has $. ? Ofd LOCATION MAP C•1 DOSING / WEAK WATERS HIGH TIDE LINE (MIL) 10.7' MEAN HIGH WATER (MHW) 7.8' MEAN LOWER LOW WATER (MLLW) 0.0' SOO 0 500 1000 1500 SCALE IN PEEL VICINITY MAP PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. , STATE OF ALASKA VICINITY MAP ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 1 of 5 Case No. 11 -011 Appendix Page 3 of 8 Public Hearing Items 7 -B 30'.30' PROPOSED ern fr_ PLATFORM HTL AMY;! APPROXIMATE 112'x30' Ex1STirlC DOCK 70 BE REMOVED PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW 1 ADJACENT PROPERTY OWNERS: 1 KODIAK ISLAND BOROUGH 4 NORMAN URSIN SR. I STATE OF ALASKA E °s .4 SITE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 2 of 5 Case No. 11 -011 Appendix Page 4 of 8 Public Hearing Items 7 -B PROPOSED --\ SERVICE PLA1FORM 18 "o SUPPORT PILE, TYP NIL MHW EXISTING DOCK r18'0 SUPPORT PILE, TYP A [MOROSE!) DOCK �- �• r> o° a S 04 S 4 o b�^ D 1� c t 30 A x-18 "c BATTER PILE, v \ TYP Ni L18 "0 FENDER PILE, TYP ST. PAUL HARBOR 36 PILES 10 BE REMOVED PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 Case No. 11 -011 Appendix Page 5 of 8 BELOW HTL BELOW MHW SURFACE AREA OF NEW DOCK (sf) 2850 2850 SURFACE AREA OF NEW SERVICE PLATFORM (sr) 900 900 SURFACE AREA REMOVED (sf)P 3400 3400 SURFACE AREA - NET GAIN Of) 350 350 PILES TO BE REMOVED 36 36 PILES TO BE ADDED 37 37 PILES GAINED 1 1 EXCAVATION (cy) 0 0 FILL MATERIALS 0 0 36 PILES 10 BE REMOVED PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 3 of 5 Case No. 11 -011 Appendix Page 5 of 8 g Public Hearing JHems 7 -6 2sLe A -A TYPICAL PROPOSED DOCK-SECTION pas 1 1 PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0,0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP DOCK SECTION ISLAND SEAFOODS 317 SHEUKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 4 of 5 Case No. 11 -011 Appendix Page 6 of 6 T >. p6 Public Hearing Items 7•B LE CAP —HtL - 10.71 —LW = 7.8' Pt 1ALLW =O' EXISING NUDLINE E PILE ( PILE B -B TYPICAL SERVICE PLATFORM SECTION NIS PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP SERVICE PLATFORM SECTION ISLAND SEAF00DS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 5 of 5 Case No. 11 -011 Appendix Page 7 of 8 Q i5v 101076 Project Description; Island Seafoods Waterfront Facility Modification Public Hearing Items 7 -B 9/29/10 This project consists of removing the condemned dock on the northeast side of the property due to safety concerns. This dock was previously used to support the facilities' ice plant which will be relocated. A service platform will be added adjacent to the existing offloading pier to support the ice plant. Additionally, the existing offloading dock will be expanded to accommodate deeper draft vessels and provide additional dock space. *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. D ENGINEERS, INC. Case No. 11 -011 Appendix Page 8 of 8 Below HTL Below MI-1W Surface Area of new dock (sf) 2850 2850 Surface Area of new service platform (sf) 900 900 Surface Area Removed (sf)* 3400 3400 Surface Area — Net Gain (SP) 350 350 Pile's to be removed 36 36 Piles to be added 37 37 Piles gained 1 1 Excavation (CY) 0 0 Fill materials 0 0 *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. D ENGINEERS, INC. Case No. 11 -011 Appendix Page 8 of 8 Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. A quorum was established. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA CHAIR TORRES stated he would like to see added to the agenda under New Business B -P &Z Rep to the Parks & Rec Committee. COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER VAHL MOVED to approve the August 15, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 13 -006. Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. The applicant is Island Fish Company, LLC /Pacific Seafood Kodiak and the agent is John Whiddon, General Manager. The location is 317 Shelikof Street and the zoning is I- Industrial. Lydick reported this request for a parking variance is the administrative culmination of a protracted code enforcement proceeding against the subject property. Borough enforcement policy calls for extraordinary efforts on the part of staff to achieve voluntary compliance before proceeding with judicial remedies. This request for a parking variance is the last avenue that staff was able to identify as possible administrative relief before proceeding with more aggressive enforcement efforts. Variances of any kind are knotty problems to address due to the high bar that has been established, under law, for their approval. Required standards of approval contain six separate . factual findings, all of which must be met in order to receive commission approval. Forty -seven public hearing notices were sent out for this 9/19/2012 •P &Z Minutes Page 1 of 13 request on August 7, 2012. Fifteen comments were returned opposing the request, and one comment was returned expressing non-objection. Numerous comments & statements supporting the request have been received in the department after the comment deadline established per Commission Bylaw Article 9 Paragraph D. Staff recommended denial of this request. COMMISSIONER SCHMITT MOVED to postpone Case 13-006 until the October 17, 2012 regular meeting of the Planning & Zoning Commission. ROLL CALL VOTE ON MOTION FAILED 3-3. The noes were COMMISSIONERS TORRES, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, KERSCH, and VINBERG. When asked if anyone wishes to change your vote CHAIR TORRES changed his from aye to no. COMMISSIONER SCHMITT MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. The public hearing was opened & closed: Public testimony was given by: Gretchen Wing read from commission bylaws; under Article 9-D. New Information - The commission shall not consider any new information submitted less than 15 days prior to a regular meeting date. The new information introduced after the 15 day deadline may be considered by the commission for action at a future meeting or referred to staff for study. Next is Article 11 Reports and minutes - The Community Development Department will have the staff reports for public hearing petitions available for review by the applicant and commission members 12 days prior to the public hearing. The commission shall keep minutes of the proceedings and such minutes shall be record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person. When this started there have been all kinds of deadlines put out, the deadlines have been past, there's new variances, there's been stays, and this has been a very complicated case because it keeps changing by the week. According to the public hearing notice we received in the mail and other information they have 15 days prior to the meeting to submit their written information. That was out there as public knowledge. We've worked really hard to get this case going, to keep this case going with factual knowledge and we presented our information in a timely manner within the 15 days prior. You need to consider the information that was presented in a timely fashion so it could be given to you within the 12 days so you had plenty of time to review it. There's a reason that we have these laws and there's a reason there is a deadline. Cases cannot be tried and listened to, to the full extent if people are constantly submitting late information. Please remember the bylaws that were agreed on and it's what we should be running our community off of when the late information is presented and when the late information is in front of you in the packets that was received after the deadline. In response to COMMISSIONER SCHMITT'S point of order regarding he thought the effect of the motion that was voted down was that we will not be considering the material submitted after the deadline, CHAIR TORRES said the motion failed to postpone the meeting to allow consideration of the comments. Staff chose to put them in our packet but our bylaws say that we shall not consider them, and TORRES said he didn't even download it all. Chris Wing stated he and his wife own the building across the street from Pacific Seafoods. This Variance request is very similar to P&Z Case 11-011 dated December 15, 2010, this gives you an idea of how long this has been going on. That case was denied and the principal 9/19/2012 P&Z Minutes Page 2 of 13 difference in that case and this new case is the addition of 5 parking spaces. In the previous case it went from 17 to 10 in this case. Staff did the investigation and five more spaces were required than he had originally been told so that increased the number to 22. This is the same variance that was denied, there are minor differences and those differences were brought up in the investigation of the older case. Pacific Seafoods chose not to comply and continued not to provide required onsite parking. After 16 months of the denial Wing filed a complaint and seen no apparent actions with anyone, and the investigation revealed Pacific Seafoods is out of compliance after repeated inspections. There's a timeline that goes with this from December 2010 until today. The 16 months Wing stepped back and waited for action to happen but he should have been aggressive at that time. It all came down to a parking inspection on May 16th by the enforcement officer and the parking was there, for one day only. The next day it didn't meet the requirements. On the same day of the inspection the applicant got a new zoning compliance permit, the applicant submitted an associated parking plan with 22 spaces which Whiddon signed off on along with staff, and they pulled building permits on the same day. On June 5th a notice of violation and order was issued, the applicant did not apply for an appeal within the 10 working days. Wing feels that it was expired and he's in violation. If you review the appeal and denial information it's easy to deny this case. Chris Lynch stated she owns property on Cope Street and recently occupied a building from Pacific Seafoods which was a small retail business. She opposed this request strongly. On- street parking is very limited on Shelikof and while we need to address a parking issue an individual variance does not address the parking issue. The on-street parking belongs to all, there's one hour parking across, from Pacific Seafoods that's supposed to accommodate the retail stores in that location. Lynch submitted pictures'with her opposition and it's clearly not being enforced and there are labeled cannery vehicles in those spaces for days on end. If this variance would be allowed that would be 20 less on street spaces that would be taken by the people that can't park off-street. She's had customers specifically tell her that they haven't stopped at her store because they can't find a parking space. She has a private parking lot next to the building that she rented and the minute the building was beginning to be less occupied Pacific Seafoods staff was taking those spaces in the private lot without any permissions. That clearly indicates there is a need for their own onsite parking. When she purchased her Cope Street property she also had a parking issue and she was held strictly to that parking requirement and she expects this requirement to be held strictly to as well. Bill Alwert stated he's one of the owners of Pickled Willy's across from Pacific Seafoods. He said he has 1 parking space in front of their business which is in Mr. Wing's building. He's parked in front of his business and has got 3 parking tickets for parking in front of his business because there isn't any other parking spaces. Many people have also told him that they don't stop because there isn't any parking anywhere. That is harming our business. Pacific Seafoods should have plenty of parking. This request should be denied and they should have their off-street parking. Alwert has parked twice in front of Napa but he won't anymore because they've taken his windshield wipers off his car for parking there. We don't have anywhere else to park. We have to park all way down across from Sutliff and walk down to his business so hopefully they will have 1 parking space for a customer to park in front of their business. This variance request should be denied. John Whiddon, Pacific Seafoods Manager, stated he's doing everything he can to resolve this matter. We've been in business on Shelikof Street for over 13 years, predating any of the people you've heard so far. Before we started on Shelikof there was a parking challenge, there's a parking challenge today and will be one in the future unless something is done about 9/19/2012 P&Z Minutes Page 3 of 13 it. We're asking for 10 not 22 parking space reduction and he'd offer that if they put 10 more cars in their parldng lot you won't see a noticeable differoucuTbaboSbuensasthathovecome before you have mentioned they have no parking, he would reference that they have zero parking, none. We are required to maintain parking and they're not. The borough recognized over twenty years ago that there's a parking shortage on Shelikof Street, so much so that the borough code 17.140 established that the businesses on Shelikof Street were nonconforming and they issued what amounts to a grandfather clause with regards to parking. It seems to him that the borough realized that in order to grow and sustain the seafood industry that mandating parking on very limited space would otherwise be used for processing was not the best use of land. If you drive down Shelikof Street today you will see cars stacked up in every direction. Right now that's the cost of doing business on Shelikof. We're concerned the borough is selectively enforcing this ordinance. This matter came before you as a complaint. Other entities in Kodiak have been granted waivers or variances, particularly the convention center and also Trident for their bunkhouse and he would suggest that was done for economic necessity. The failure to obtain a variance in our case would mean not just the elimination of a portion of the business but the entire business, we cannot sustain a business if we reduce it by 22%(recording fuzzy). The area that would be dedicated to vehicles is actually the area that we use to process fish. Without that we wouldn't be able to process fish and we would see a loss of up to 75-90 jobs in the associated economic impact. We believe this is a valid case is a way to support the seafood industry. Lauri Whiddon state she's here to support Pacific Seafoods request for a parking variance. After spending 20 years as a Coast Guard wife and dependent we elected to stay in Kodiak and start their second career. Over the past 13 years she's watched her husband build the business from 3 to over 90 employees through hard work and dedication. He has some of the finest employees in the industry so she's here tonight to say that your decisions are far more reaching than just a parking variance. It impacts the lives of over 90 employees and their families who through Pacific Seafoods have access to health care retirement benefits. Parking was a challenge 13 years ago and it remains a challenge today. Her husband and Pacific Seafoods are committed to help to develop solutions that baomfitall users and businesses nn Shelikof Street. Jennifer Ridgecreek stated she's concerned about the parking situation on Shelikof. She agrees with the comments that said Shelikof has an issue with parking, it's difficult and it's difficult for pedestrians to use that space. She also understands the role ofvariances and zoning where you have a very specific circumstance where regulation doesn't fit on that circumstance; however, this is not that circumstance and she opposed the issuance of a variance because the parking situation is a problem. She believes the appropriate way to address this is through a parking plan in its entirety. To enforce a regulation by piecemeal by issuing variances here and there depending on which businesses have the time and resources to go through additional permitting is inappropriate and it sends a message to the Kodiak business community that some rules apply to sorne jut not others. If parking is a situation as bad as it is then that situation should be addressed in its entirety. By voting no on this variance you are motivating the issue to take further to have a more long term comprehensive solution rather than perpetuating an ongoing problem through piecemeal enforcement so she urged the commission to vote no. Kevin Arndt stated he owns property within the public notice area next to the coffee shop. He's not at a place where there's a problem with parking. It seems like we have private parking but it's never full. He thinks the problem starts from the town side of Napa heading in 9/19/2013 P&Z Minutes Page 4mf13 where it's really congested. He can say he's never been to Napa when he couldn't find a parking space. He submitted a Ietter but it says it was received after the comment deadline. He feels we do need to accommodate for this variance. We've given a grandfathered clause to everything else in the area that was developed. Just like Whiddon said if he does get the variance or he doesn't its not going to change anything, the parking is the way it now whether he gets it or not. He deserves it. You should grant 5O% of their parking should be allowed to be on street parking. You do have the establishment that have been there a long time that doesn't have any parking and how they were granted that in the beginning he doesn't know. Arndt is in favor ofthe commission approving this variance. Barbara from Pickled Willy's stated she thinks the parking is something that needs to be taken care of and it's the commission's fault that these guys are pitted against each other. Long term is a solution and piecemealing is not the answer. She said its your duty to fix this or come up with some kind of long term plan. Discussion of the high standards for a variance, the business outgrowing the location, height limits and building upwards to allow for onsite parking spaces, move things that are not critical for the particular site elsewhere, parking concerns, businesses being responsible for their planning, future planning, plan growth, and the parking should be accommodated onsite as much as possible. this variance being similar to their prior case and should not have allowed it to come before the commission, not allowing comments submitted after the deadline because it doesn't limit public comment; public testimony can be given at the meeting or over the phone, the deadline is there to allow the commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and disappointment that those comments were added to the packet. CHAIR TORRES stated with this variance being similar to their prior case it should not have been allowed to come before the commission, the comments submitted after the deadline does not limit public comment; public testimony can be given at the meeting or pvmi- the phone also if comments can't be submitted by the deadline. The deadline is there to allow commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and TORRES expressed disappointment that those comments were added to the packet. CHAIR TORRES stated P&Z cannot fix the parking problem on Shelikof and that it would be a culmination of the City of Kodiak and the borough assembly to do a parking plan. In response to COMMISSIONER VAHL'S inquiry if this is postponed a month is there time to aggressively try to solve this problem, Lydick stated he thinks a postponement would allow you to consider the new comments that have come in after the deadline imposed by the commission's bylaws, he does not think a simple 30 day postponement will lead to any effective enforcement of any parking situation on Shelikof Street. Our current case which has gone on now for almost 18 months, he believes every individual business up and down that street would have the same opportunities for administrative delays that has been afforded this property. That is not bad in itself, it's what the process is and those steps are available to any business or any individual that finds themselves subject to an enforcement action. In response to COMMISSIONER VIDVBE}tG'S inquiry of the documents back from 2010 ootificatinnsvvarermooh/ed,tberevvereplanatbatvveredevelopedbyPyJDBn ineers showing the dock extension assuming to provide for some parking, can you elaborate on that and why nothing has been acted upon in those 2 years, Lydick requested VINBERG direct him to the document he's referring to. COMMISSIONER VINBERG said it's the prior case packet 11-011. 9/19/2012 P&Z Minutes Page 5 of 13 CHAIR TORRES said we have case packet 11-011 in our dropbox packet, Lydick stated staff doesn't have ipads and it's not in the packets that staff has. COMMISSIONER VINBERG stated what it tells him is that if nothing has been acted upon in the last 2 years then how much longer is this going to take and he believes we do need to have a new master parking plan for the downtown area. COMMISSIONER KERSCH who is also the Postmaster stated the Post Office is looking at not going down Shelikof Street because we cannot find parking to deliver the mail that will probably be addressed in the next month with the businesses down there. During discussion there was consensus that this variance should be denied. COMMISSIONER KERSCH MOVED to postpone indefinitely. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINATELY FAILED 4-2. The noes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The ayes were COMMISSIONERS WATKINS and KERSCH. ROLL CALL VOTE ON MAIN MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. FINDINGS OF FACT 17.66.050 A.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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I-Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by 9/19/2012 P&Z Minutes Page 6 of 13 `.' staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said suggestions that the parking calculation for seafood processing plants in general needs revision does out justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the etitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started. 17.66.050 A.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. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless ofzoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case-by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties oo the waterfront, itis not 'ontifimbletogrant equity with other industrial properties at the expense of business properties in the area. Business properties also have w rkfbrco parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and waiking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with tbe' land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right-of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and fiexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 9/19/2012 P&Z Minutes Page 7 of 13 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 17.66.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. ROLL CALL VOTE ON MOTION F ILED UNANIMOUSLY B) Case S13-006. Request Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A, Hospital Subdivision, creating Lots 1A-1 & 2A-1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according to KIBC 17.130.020.H. The applicant is the Kodiak Island Borough. The location is 1909 Rezanof Drive East and the zoning is PL-Public Use Lands. Lydick reported this review if the final administrative public review process in a joint borough/city effort to provide our community with a fully functioning, modern Long Term Care Facility; an infrastructure upgrade that's been identified as needed for some time. The design provides for the like -exchange of lands between the borough and city in order to provide a consolidated parcel of land capable of accommodating the facility's construction on the preferred site. The commission reviewed and approved the construction design at the August 15, 2012 regular meeting. This plat re-aligns lot boundaries, vacates and re-creates required utility easements where needed, and provides sufficient land area to accommodate a private driveway serving as ingress and egress to the new facility. Fifty-one public hearing notices were mailed on August 8, 2012 and 2 comments returned supporting the request. Staff recommended approval subject to 3 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A Block 1, Hospital Subdivision, creating Lots 1A-1 & 2A-1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according 9/19/2012 P&Z Minutes Page 8 of 13 to KIBC 17.130.020.H, subject to Three (3) Conditions of Approval, and to adopt those findings of fact in the staff report dated September 7, 2012, as Findings of Fact for Case No. S13-006. The public hearing was opened & closed: There was no public testimony. Discussion regarding the trail, seeing, when it comes to the parking plan stage where the trail is going to be and what they are specking out as a trail, more definition and how this is going to be handled early in the process. There was consensus regarding keeping the Chichenoff Trace Trail and possible re-routing it. In response to COMMISSIONER KERSCH'S inquiry about the access, has anyone has talked to the city about potentially using their parking lot to get through, Lydick stated he's not aware of any staff in our department that's taken the initiative on that point. COMMISSIONER SCHMITT'S inquiry regarding this facility is going to be up on a hill with a single drive access to it, the trail has the potential if approved, if permission can be acquired from the Baptist Mission, to provide some sort of alternate access to the facility and he thinks it's a good idea. SCHMITT said Woody Koning was thinking about starting discussion with the city about having an emergency access through the back of the City Police Station because the elevations are close. It's SCHMITT'S understanding that this facility would replace what is currently in the hospital building now that is deficient that is not adequate for the current state of care for the elderly but not exclusively that need good access to medical professionals 24/7 whereas the existing facility senior housing across from the Senior Center on Erskine is for basically independent living. CONDITIONS OF APPROVAL 1. The legal description (references) of the subdivision shall be corrected to read: Lots 1A-1 & 2A-1 Block 1 Hospital Subdivision. 2. The Kodiak City Fire Marshall shall certify that the access drive meets the minimum requirements of the fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Chapter 15.30 KIBC; 3. The subdivision shall incorporate the existing "Chichenoff Trace Trail" in a manner which does not prohibit or restrict public access or use of the existing recreational amenity. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat meets the requirements of Title 15 of the Borough Code. 3. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13-010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1-Single-family Residential to PL-Public Use Lands. The 'applicant is the Planning & Zoning Commission and the agent is Mayor Steve Andresen, City of Port Lions. The location is 443 Bayview Drive, Port Lions. The zoning is R1-Single-family Residential. Lydick stated this request for rezone was initiated at the Commission's request, and underscores the;Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject 9/19/2012 P&Z Minutes Page 9 of 13 parcel with the appropriate zoning in order to accommodate the existing public infrastructure facility. The issues of appropriate zoning were brought to the attention of the department by a concerned citizen. The department's out-reach effort resulted in acknowledgement by the City of Port Lions of the zoning over-sight, and a subsequent request by the City for the Commission's intervention and resolution. Thirty-four public hearing notices were mailed on August 8, 2012 and no comments have been returned supporting or opposing the request. This request for rezone has been non-confrontational and uneventful. Staff recommends approval of the rezone, and requests one (1) Condition of Approval. The applicant is required to obtain after the fact zoning compliance for the existing facility. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3rd Addition from R-1 Single Family Residential Zoning District to PL-Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13-010. The public hearing was opened & closed: There was no public testimony. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for a Change or Amendment. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION UNANIMOUSLY COMMISSIONER SCHMITT stated in the previous case, page 80 for commissioners, for Lydick this was page 7 of 11 under public comments for Case S13-006, there was a comment from Bob Scholze, Resource Management Officer, about there was some disclaimer language on the plat that he didn't feel was consistent with the borough code and do we need to affirmatively need to vote on that, Lydick stated that's been a topic of discussion for a while and it's unresolved at this point in time. He thinks the departments current position is if Mr. Scholze isn't satisfied with the language on the plat the borough won't sign that plat. They will change the language if they want the plat signed. His decision to resolve the issue that way was because of the concern on parties that this case be moved forward and not to gum up the 9/19/2012 P&Z Minutes Page 10 of 13 � E works because of a legal dispute between the surveyor and property owner. The easiest way to resolve it is that everyone understands that the plat is not going to be signed if the language appears on the plat. OLD BUSINESS There is none. NEW BUSINESS A) Case 13 -011. Request a disposal review of tax foreclosed property, according to KIBC 18.20.030.A, for property described as Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is 1311 Larch Street and the zoning is R2- Two - family Residential. Lydick stated from time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one year redemption period is transferred by Clerk's Deed to the Borough. Following satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction. The City of Kodiak has declined to exercise their right to redeem the property for taxes, penalties, and interest due as afforded by Alaska State Statute 29.45.450. Due to the advanced dis- repair of the property, the Borough has elected to move forward with the disposal procedure in an effort to minimize the escalation of costs attributable to the onset of winter. This action does not require that a public hearing be noticed. Staff is recommending the Commission find the property ill- suited for a public purpose, and recommends forwarding a resolution supporting the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition as surplus to the borough's needs and to adopt the findings contained in the staff report dated September 8, 2012 as Findings of Fact for this case. Discussion FINDINGS OF FACT 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Planning & Zoning Rep on the Parks & Recreation Committee CHAIR TORRES stated that Casey Janz was the P &Z rep on the Parks & Recreation Committee but with her resignation we need a new representative. He asked if anyone is willing to be the P &Z rep. Smith explained that the Parks & Recreation Committee meets on the 2nd and 4th Tuesdays at 7 p.m. in the KIB School District Conference Room and the meetings don't go any later than 9 p.m. and usually in the summer their meetings are cut back to 1 meeting a month. 9/19/2012 P &Z Minutes Page 11 of 13 COMMISSIONER SCHMITT said he's willing to be the rep. COMMISSIONER WATKINS MOVED to assign COMMISSIONER SCHMITT as the Planning & Zoning rep on the Parks & Recreation Committee. . ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) August 15, 2012 P&Z Results Letters B) Notice of Violation and Order dated August 8, 2012 C) Notice of Violation and Order dated August 16, 2012 D) Notice of Violation and Order dated August 16, 2012 CHAIR TORRES gave an update on the communication items. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • October 10, 2012 work session at 6:30pm in the KIB Conference Room. • October 17, 2012 regular meeting at 6:30pm in the Assembly Chambers. B) Minutes of Other Meetings • July 10, 2012 Parks & Recreation Committee CHAIR TORRES gave an update on the Reports items. COMMISSIONER WATKINS MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS COMMISSIONER'S COMMENTS Rick Vahl said it was a drawn out case just with the comments coming after the deadline when it's in the bylaws; it confused him. With the facts the commission made a good decision and he thinks Pacific Seafoods will professionally address this and solve it so they will continue to be successful. Bill Kersch said he won't be here the month of October and requested to be excused. Tonight was different and he thinks it was a good outcome. Sonny Vinberg said the first case was difficult. He can agree with the people in favor but it is incumbent on the owner to make sure he's in compliance. It's just been drawn out way too long and we need to work to get a parking plan for downtown pushed forward. He received an email this morning that he forwarded on to staff, as a member of the American Institutes of Architects he received an email regarding the Sustainable Design Assessment Team. It's a program to help communities plan for future growth; sustainability, growth in general that encompasses all sorts of things including beautification. He thought it was appropriate that this email came today being with the current case on the docket. Alan Schmitt said his comments tie in with COMMISSIONER VINBERG'S and to ask staff to tell us what we can do to get things moving. With the land sale issue it's in the code that we have this specific role and it sounds like things are moving forward. He doesn't see that we have the 9/19/2012 P&Z Minutes Page 12 of 13 rm, clear task of parking but we should in the context of planning. If it's to seek money to hire a consultant or what but clearly there is a problem down there. Across the street from Sutliff's they put in the retaining wall and created a lot of parking whether it's the section to the right of the ramp and Island Seafoods they haven't done that it won't be cheap to do. It sounds like an option. If there is anything we can do as a commission other than deny variances to move forward on it he'd like to see it happen. Rick Vahl asked if we have the funds for more commissioner training this year. Alan Torres said it's November 10 - 12th and Cassidy sent an email out saying we have money in the budget for it. He wants the commissioners to keep those dates in mind and it's in Anchorage this year at the Captain Cook Hotel. Torres said regarding the variance case tonight, he feels it was a good decision and it does move it on. He also agrees that there needs to be a parking plan for the area. Torres said he doesn't have a problem with going to the assembly work session. With Casey Janz resignation on PAC there are 2 P&Z rep seats on there and since then Sonny Vinberg has come on the commission and he wonders if Vinberg should just be moved over to the P&Z seat since he's on the PAC. Torres' next suggestion would be to remove the 2nd P&Z position. Brent Watkins stated he will be here at the next work session but not for the regular meeting in October. Alan Torres mentioned that the commission has a vacant seat with Casey Janz resignation. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 8:05 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: Alan Torres, Chair ATTEST By: Sheila Smith, Secretary Community Development Dept. APPROVED: October 17, 2012 9/19/2012 P&Z Minutes Page 13 of 13 October 25, 2012 Kodiak Island Borough Office of the Borough Clerk • 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 niavierkodiakak.us www.kodiakalcus Cheryl Brooking Wohlforth Johnson Brecht Car ledge and Brooking 900 West 5th Avenue, Suite 600 Anchorage, AK 99501 Dear Cheryl: This letter is regarding Case No. 13-006 Requesting a variance, according to KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday. December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. I will contact you if the Assembly is going to need legal assistance regarding this case. Enclosed is a copy of the appeal record. Sincerely, OFFI E OF T BOROUGH CLERK Nova M. Javier, MC Borough Clerk October 25, 2012 Mr. John Whiddon island Fish Company, LLC 317 Shelikof Street Kodiak, AK 99615 Dear Mr. Whiddon, Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, AK 99615 Phone (907) 486-9310 Fax (907) 486-9391 niavierakodiakak.us www.kodiakak.us This letter is regarding Case No. 13-006 Requesting a variance, according to KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday, December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. KIBC 17.100.050(D) states "Following completion of the record, the clerk shall, bv certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record." Enclosed is a copy of the appeal record. Public hearing notices will be sent out and any written arguments submitted prior to the appeal hearing will become a part of the appeal record. Copies will be available upon your request. Please call me if you have any questions. Sincerely, OFFICE OF THE ROUGH CLERK Javier, Borough Clerk APPEAL HEARING FOR NOV 2 6 2012 BOROIJG1-1 CLERK'S OffiCE, Case 13-006 - Requesting a Variance. According to MSC 17.195. Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, According to MSC 17.175.040 (APPellant: John Whiddon.) 0 This written argument is in support of the appeal. Name: This written argument is in opposition of the appeal. LJAN A T. )61.nes Residence Address: Ur:A S Dc k%;■-•21, ,\,-keNsgeAsoc4, NevAdo... 8c10C2.... Mailing Address: Comments: Se 0 Xkc4.c.t..42 Written argument supporting or opposing the appeal may be submitted by email to niavierkodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior 10 5:00 D.m. on Thursdav, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. LELAND JAMES 1615 LIEGE DRIVE HENDERSON, NEVADA 89012 425 -652 -8571 Lei and tar es7 1 (iiNahoo.com January 20, 2012 Borough Clerk's Office 710 Mill Bay Road, Room 101 Kodiak, Alaska 99615 Re: 332 -334 Shelikof Street,-Kodiak, Alaska 99615; parking appeal Case 13 -006 from 22 required parking spaces to 10. Dear Board of Adjustment: As the owner of the •(NAPA) building across the street from appellant for some 33 years now we have watched the expansion of Pacific Seafood and their need for more space. Like my own property, in order to serve my tenant I purchased more land for parking in 2003. But when Kodiak Brewery became more successful it needed more room and more parking, so they moved. In their place a number of prospective restaurant tenants looked at the brewery space, but there was not enough off street parking. Pacific Seafood Group and the Kodiak Brewery have been successful, they need more space. As a building owner I've dealt with the ebb and flow of businesses at my property over the years. I shut down a very successful liquor store business on my property to facilitate the NAPA's need for m ore parking and to stop the .drug and alcohol use around the premises. You have my prior letter and I assume it is still a part of your deliberations. The .question remains can a company who now employees 90 people operate at that location with only 10 off street parking spaces, without encroaching on adjacent businesses to their detriment? Perhaps a period of reviewing the Pacific Seafood operation is needed before arriving at a conclusion. APPEAL HEARING FORM Case 13-006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, Accordinglo KIBC 17.175.040 (Appellant: John Whiddon.1 This written argument is in support of the appeal. I This written argument is in opposition of the appeal. Name: 77)co)&3 d.A64 1 1,1-6i/re.* Residence Address: . Mailing Address: /.v7 Comments: d/e7a6?-.5' Written argument supporting or opposing the appeal may be submitted by email to niavierakodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, Al< 99615 prior to 5:00 p.m, on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. 9- -D THOMAS LORAN 410 SHELIKOF ST. KODIAK, AK 99615 December 04, 2012 Kodiak Island Borough Assembly Sitting as Board of Adjustment 710 Mill Bay Rd Kodiak, AK 99615 sent via email to njavier @kodiakak.us Re: Case # 13 -006 Island Fish Company/Pacific Seafood Kodiak Dear Sirs; I am the owner of lots 19A -1A and 19A -2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. I am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers of surrounding businesses to utilize my parking lot. Then, my customers and my employees cannot park in our own lot. Or..often have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town folk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non - customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many of our neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come to work an hour early just to get a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Our parking lot is the big "Shelikof U-Turn" for when people drive up and down the street looking for a parking space. People are pulling in to make a U-Turn, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or block the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. I have seen many near misses as many of the pedestrians are not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruise ship passengers, the parking situation should be taken in consideration for that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co-considered with the City government. Designating some parking spaces for a 1-2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries/seafood companies mean to this community; however, they need to take some responsibility as well. Find offsite parking with a shuttle perhaps? attachment APPEAL HEARING FORM nt' 11 !VI NOV 2 6 2012 1 PrF(OUGH CLERK'S OFFICE Case 13-006 - Requesting a Variance. According to KIBC 17.195, Reducing the RequiredOffiIf Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) This written argument is in support of the appeal. This written argument is in opposition of the appeal. Name: Lek s —Residence Address: 3 t 1-1 Mailing Address: cr.1c 3 (# ■ 0.V ) AG\(,), Comments: TI 01/412 criseL kovots-\--, fest ;Ir ovr- *or \Q.CL 40 r.k.kwzi dc-ANn--11) a), Sr kut -1Co ( Sr‘Q...IS LNA"Az._ )6v. vvr- ) kh.s ItV\ Vra-CV \ kia- ,A ,-rtf■W kA elovy-AQ^r ywe \vv.sh, GY4 \"\-tv& ald cfn kvay..% 4.\v N tanrk, N.) Written argument supportingor opposing the appeal may be submitted by email to niavierakodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. APPEAL HEARING FORM Case 13-006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) Name: This written argument is in support of the appeal. This written argument is in opposition of the appeal. CCOTC6fiel l/S0 (31 Er. '14 BR Residence Address: r-7,7:77-1 1 -"") d DEC - 6 2n12 !IL)J Mailing Address: PO -:9)0 BdRdtiG1-1CLERK'S oFFICE Comments: cw- /1170/7 Written argument supporting or opposing the appeal may be submitted by email to niavierkodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. Kodiak Island Borough Assembly Board of Adjustment Case No. 13-006 12/06/12 This appeal hearing has a lengthy history starting 10/26/2010 when Pacific Seafoods asked for a reduction in parking requirement from 17 to 10 spaces. See case #11-011 which was denied as the conditions for approval were not met. This prompted an action letter which went to Pacific Seafoods on 12/17/2010, which did not provide any time frame for compliance. As such I requested a meeting to establish a time line for actions required. This meeting prompted a "friendly letter" which referenced 4/29/2011 as the deadline. I left Planning and Zoning feeling confident that actions would be taken. The results were very negative and after 16 months I filed a complaint on 5/1/2012. A letter of courtesy and advisement was sent to Pacific Seafoods, and a parking lot inspection on 5/16/2012 was acceptable to the code enforcement officer. Pacific Seafoods applied for a zoning compliance permit #CZ-2012-79 and building permits on the same date. This included a parking plan review indicating 21 spaces, and was signed both by the Planning and Zoning director and the applicant. This indicates an acceptance of the parking plan by Pacific Seafoods. On 5/17/2012 I watched the available parking spaces of the applicant being used for purposes other than parking. On 5/22/2012 the code enforcement officer drove by on Shelikof 66g1J-r-0 7/9/4---a 4MR 5/l6. Affack449114- 14-17.16S Street took a photo of the violation, and hand delivered a notice of violation and order to Mr. Whiddon. 56E /} 7 whit - � f T7 E) Mr. Whiddon sent an email to the code enforcement officer questioning why a follow up inspection was happening. See attachment "A." On 7/5/2012 another very similar variance request ( #13 -006) was filed. That variance request only differed from the first variance request ( #11 -011, dated 10/26/2010) in the number of spaces requested, from 17 spaces to.22. This change came about when it became apparent that the applicant was not providing accurate data in calculating the parking requirements. This second variance should not have been heard as it was not substantially different from the previous request. To my dismay, after I verbally objected, the request was accepted and heard before Planning and Zoning on 9/29/2012. It was also denied for failure to satisfy the conditions for approval. During my information gathering, I learned of several other violations and other questionable actions that the applicant bad committed. As an example, they moved their fence onto city property and placed their equipment on city property without permission or approval. This appears to be a legal issue of trespass, in my opinion. This was brought to the attention of Planning and Zoning by a board member during a work session, but no further action was taken as the board member was hushed u by staff at that sc -G /91W- fite D point. In reviewing that recording of the 9/12/2012 work session, I was stunned to hear Mr. Whiddon provide over 6 -1/2 minutes of public testimony about the case, as I was informed that no public testimony was allowed. This appears to be a very inappropriate action on the part of the applicant. c61ei, P4-7 IP. S, Re codi In addition to this action, Mr. Whiddon sent mails to the borough to coordinate the hearing with his own schedule. I question whether all applicants receive the same special treatment. -$66 414-4044-edie In addition to these previous items, on 12/2/2010 the applicant got a driveway a permit which requires subsoils and concrete to be tested by the City Fngineering Dcpartxtle (See attachment B, note #3, Drive Access Permit) I requested the test results and re,ceiv d a letter from the Building Dept. saying that they have no record of "proof of testing and acceptance" at the Public Works or the Building Dept. This appears to be a disregard o permit requirements. This curb cut has effectively eliminated 3 on-street parking spacestthat existed before the driveway access permit was issued. This variance should be denied as the burdens of this business expansion should not be placed upon the surrounding businesses. Pacific Seafoods calls their company a family ,usiness, and they may be, but as a very large company they need to be responsible neighbors. Their actions of the past are not indicative of being a "good neighbor." In response to the letter of application from Pacific Seafoods to the board of adjustment, I would like'to address several statements they provided. Pacific Seafoods states "They have expanded the business." They went from 3 to 90 employees and are only required to provide 21 spaces on site. Now they request 10 spaces to serve the 90 employees and a retail seafood market. This does not seem equitable to me. Pacific Seafoods states "Efforts were made to both accommodate the necessary growth and maintain the required off-street parking." They did not explain what efforts or actions were taken. 1 consider this statement to be very hollow and lacking in substance. Pacific Seafood states "The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for nonconformance or 'Grandfather clause' with regard to parking." This statement is false and can be verified by the Planning and Zoning Dept Pacific Seafoods states "Staff made an error in calculating the required parking for this property." In addressing this point, it is necessary to understand that the applicant is responsible for the parking plan and when inaccurate data is presented by the applicant, as was the case, the staff cannot assist in an accurate calculation of parking required. The additional 5000 sq. ft. added to the calculation was provided by my observation of the plant and review of the data that the applicant had provided. It was determined that the second floor had not been counted even though offices, lockers, break rooms and restrooms are located on that floor. Mr. Whiddon signed all zoning compliance permits and parking plans indicating acceptance of the conditions described. Pacific Seafoods states "The plant was built to the maximum limit to accommodate 18 parking spaces." They have not provided 18 spaces of parking in the past 5 years that we have owned the neighboring property. Pacific Seafoods states "Fish totes, offloading and sorting conveyers — all of which need to be kept on site." This is not true, as other processers in the area regularly transport their equipment to off site locations, such as gear sheds and warehouses located in other parts of town. Western Alaska Fisheries, Ocean Beauty Seafoods, Alaska Pacific Seafoods, ISA and Alaska Fresh Seafoods all have off site storage for fiber and equipment as well as fishing gear from the fleet. Pacific Seafoods states "The plant would be forced to shut down, resulting in the layoff of 90 employees." They certainly are not going to shut down their plant over a minor issue such as parking. Pacific Seafoods states "We find the system to be unfair and inequitable," in reference to KIB code Chapter 17.175. This is the code on record that all citizens are required to follow and the code is being revised. If Pacific Seafoods has some good ideas, perhaps they can get involved in the new code revisions. But to cry "unfair" is not the way to address their concerns with the current code. It has come to my attention that Pacific Seafoods is involved in final purchase negotiations with the Ursin property, located on the adjacent lot, which could potentially be used for their expanding needs for parking. It makes no sense to provide parking relief to this large business and thus burden the surrounding businesses that are already competing for parking space, when Pacific Seafoods has an available alternative. Pacific Seafoods has outgrown its current facility and must provide an acceptable solution to their parking problem. They have not provided any alternate approach to remedy this issue besides eliminating their responsibility. They could provide a bus as Cook Inlet Processing once did. A tandem parking arrangement would help, or they could arrange for parking on the new property next door. Whatever solution is chosen, it should not burden the nearby businesses with the expansion of Pacific Seafoods. This should be denied. Thank you, Chris Wing • 12/15/2010 12/17/2010 1/15/2011 1/27/2011 5/1/2012 5/1/2012 5/16/2012 5/16/2012 5/22/2012 6/5/2012 6/19/2012 7/5/2012 9/19/2012 9/24/2012 Chronology of Parking Variance Variance request denied 11-011 "Action letter" from Planning & Zoning Chris Wing requests meeting to establish a deadline for compliance (4/29/20n) "Friendly letter" not a courtesy and advisement letter. Deadline 4/29/2011. Pacific Seafoods machine shop, located at 33o Shelikof St. must obtain zoning compliance permit (last one on record in 2007, Planning & Zoning) 16 months of no action Complaint filed by Chris Wing, as conditions of approval were not being met Letter of courtesy and advisement sent Parking inspection — OK enforcement officer. iday only — see follow up photo. CZ-2o12-79 Approved by Bud. Associated parking plan submitted (22 spaces.) Building permits pulled. Code enforcement drives by to see violation continues. See 5/22 photo. Notice of violation and order. KIBC 17.220.020 Commencement of appeal — stay Decision final —10 working days 6/19/2012 Appeal period has expired — in violation Additional variance request filed #13-0o6 Variance request is very similar to previously denied variance. request. Variance request denied (#13-006) Board of Adjustment — Appeal application Jack Maker From: Jack Maker Sent: Wednesday, May 30, 2012 8:59 AM To: 'John Whiddon' Cc: Bud Cassidy Subject: RE: Notice of Violation John, We have not received a new complaint. The containers and equipment in designated spaces where noted on my regular patrols (which include Shelikof Street) prior to my sending the standard notice Of compliance to close the received complaint, therefore I'm unable to send that notice and the complaint remains open. Thanks, Jack A.41.14■Vvead. lkow.ch pule. L. Mater Code Enforcement Officer Community Development Dept. 710 Mill Bay Road Kodiak AK 99615 (907) 486-9364 (907) 486-9396 (fax) jimaker@kodiakak.us http://www.kodiakak.us From: John Whiddon fmailto:iwhiddonOoacseafood.com Sent: Tuesday, May 29, 2012 4:32 PM To: Jack Maker Subject: Notice of Violation Jack Just to clarify, did you come down on your own initiative to determine if we were in compliance or were you responding to another complaint? If it was on your own, is that outside of the normal boundaries that are complaint driven? It would be helpful to know the details as 1 file the variance request and work through this with the consultant. Tks John John Whiddon l General Manager Pacific Seafood Kodiak 317 Shelikof Avenue! Kodiak, AK 99615 t: 907-486-8575 1 c: 907-539-2973 e: iwhiddon@pacseafood.com TiierfreSel— filq-d El it451 meir,A pied( ) Name (Permittee Signature Date Mailing Address Street Address Applicant Pta PG, SCArricAN it0a lux 0 3/, Si/ft/icor r 3,) Siift tkelF keAD:a44 Driveway Information — See Sketch on Back -SF A -1-714€ Ret,a Property to be Accessed Street Address keAlwasi, /9-X. Legal Description I; 0 ELAA0 7er 4/ -2 Driveway Length 2- Driveway Width Reviewed b Driveway Elevation Difference b a Computed Grade i Does Driveway Cross a Ditch? N d If Yes, a Culvert is Required Materials Tested: Culvert Diameter NA Culvert Length. Notes: 1. The street may be considerably narrower than the width of the right-of-way (ROW) at this time. It is likely that sometime in the future the full ROW will be developed. This is the reason for requiring a 2% slope to the edge of the ROW. 2. Attach a sketch or drawing showing the position of the driveway on the lot. Note whether the dimension and elevations have been measured by survey or estimated. A survey may be required if grades are close to the maximum. 3. Existing curb, gutter and sidewalk must be replaced by a professional concrete contractor, in full conformance with the City of Kodiak Standard Construction Specifications and Standard Details, at the full expense of the Permittee. Individuals with professional concrete construction experience may be granted permission to perform the concrete work on submittal of qualifications to the Building Official. The subs ils and the concrete must be tested. Call the City Engineering Department (486-8065) to schedule g. ncrete itaTITTlio rsted by the City or concrete placed on soils not tested by the City will be removed and replaced at the full expense of the Permittee. 4. Driveway Access must comply with Kodiak City Code, Chapter 14.26. Permit Granted on: 2- Reviewed b Granted b: 118011111111111111111111W,;_ i Materials Tested: 4 citysi e(4. Copy of Kodiak City Code, September 2004 CHAPTER 14.26 DRIVE ACCESSES 14.26.010 Adminis' tration and enforcement. The administration and enforcement of this chapter shall be the duty of the city building official who is authorized to take such action as may be reasonably necessary to enforce the purposes of this chapter. The city manager may appoint or authorize an assistant or agent to the building official ifnecessary to carry out the provisions of this code. (Ord. 699 (patt), 1983) 14.26.020 Permit required. It shall be unlawful for any person, firm, association, or corporation to construct a drive access on city-owned property or rights-of-way, or property adjoining city-owned property or rights-of-way without first obtaining a separate permit from the building cfficiaL (Ord. 699 (part), 1983) 14.26.030 Application for permit' . To obtain a permit, the applicant shall first file an application therefor m waiting on a form fiuniShed by the building official for that purpose. Every such application shalt • (a) Identify and descrilia the work to be c:overedby the permit for which application is made; (b) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed access (c) Be accompanied by plans, diagrams, computaticms, and specifications or other data as required by the banding official; (d) Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority-, (e) Give such other data and information as may be required by the building official (f) Unless the application is submitted in conjunction with a building permit application, it shall be accompanied by any required fees established by resolution or motion of the city council. (Ord. 938 §7, 1992; Ord. 836 §11, 1988; Ord. 699 (part), 1983) 14.26.040 General rapirementx. The following requirements sball apply to all constmotion governed by this chapter: (a) All drive accesses, rhiveways, or road approaches shall be constructed and mahaained in such a manner that the street and all ils appurtenances or facilities including, but not limited to, all drainage pipes, culverts, and utilities shall not be impaired or endangered in any way by the construction or maintenance of this facility. (b) Standard drive access width shall be fourteen (14) feet (c) Standard grade from shoulder of roadway to property line shall be -2%. (d) The algebraic difference in glade shall not exceed 14% inside the property line. (e) If a culvert is required, the ditch depth, culvert type, length, and size shall be determined by the city engineer. (Ord. 699 (part), 1983) 14.26.050 Inspections. (a) All construction or work for which a permit is issued under this chapter shall be subject to inspection by the building afficral A survey of the property may be required by the building official to verify that the facility is located in accordance with the approved plans. It shall be the duty of the permit applicant to cause the work to be accessille and exposed for inspection puiposes. Neither the building official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (b) A copy of the permit must be on the construction site. If it is not, the city reserves the right to stop construction until such time as the permit is posted (c) The city reserves the right inspect and reject materials or workmanship not to city standards, to stop construction until corrections are made, or to require removal of the facility and to charge time and equipment to the permittee for correction. (Ord. 699 (part), 1983) 14.26.060 Liability. (a) All drive accesses, driveways, or road approaches constructed under this chapter on any city-owned property or rights-of-way shall be the property of the city. All costs and liability in connection with the construction or maintenance of said accesses shall be at the sole expense of those lands and/or persons served. (b) The permittee shall adjust, relocate, or remove this facility without cost or liability to the city if, at any time, or from time to time, the use or safety of the street requires this to be done. (c) The permittee shall assume all liability or costs in commotion with the facilities and shall hold harmless the city, its officers, agents, employees, and/or contractors in any matters pertaining to the facilities for which the permit is issued (Ord. 699 (part), 1983) - -STREET . • . - • - • • mr-.4.1 754Af.S•TeViiti7 . . • Clildiqaceorir ewme• 1 e40%,,TC4? 7."/7' 10" 1Al 21.5.0 • " - - . . *- • • ." — • . - - 67: PAUL. IIARE301? S L V Y,- • V750 BUILDING 1 F,PARTMENT 710 MILL BAY ROAD, ROOM 208 KODIAK, ALASKA 99615 dmathers@city.kodiak.ak.us thansen@city.kodiaLak.us TELEPHONE 907-486-8070 907-486-8072 FAX 907-486-8071 5/3/2012 From: D Mathers, Building Department To: Clerks Office Regarding: Public records request for test reports at 317 Shelikof Street. I have searched and reviewed both address file and electronic file for above property and did not find a record of "proof of testing and acceptance" as requested by Christopher Wing on 4/30/12. I have also talked with Public Works Director, Mark Kozak and he confirmed that the Public Works and the Engineering Departments do not have any records of such testing. D Mathers City of Kodiak Building Official Martin Lydick From: Duane Dvorak Sent: Wednesday, October 17, 2012 10:09 AM To: Martin Lydick Subject FW: Appeal Date - Board of Adjustment - December 6 FYI. –Duane —Original Message— From: Nova Javier Sent: Friday, October 12, 2012 10:18 AM To: CAROL AUSTERMAN; CHRIS LYNCH; DAVID KAPLAN; FRIEND (ierrol.friendPkibassembly.org); JEROME SELBY; LOUISE STUTES ; MEL STEPHENS (mmstep@)gci.net); TUCK BONNEY; BONNEY; FRIEND; KAPLAN; LYNCH; STUTES Cc: Bud Cassidy; Duane Dvorak; Griffin, Aaron (agriffin1977_)gmail.com) Subject: Appeal Date - Board of Adjustment - December 6 Hello everyone, Mr. John Whiddon noted that he will be available on December 6 for the Board of Adjustment appeal hearing. Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. ---Original Message— From: John Whiddon fmailto:iwhiddon@pacseafood.comi Sent: Friday, October 12, 2012 10:09 AM To: Nova Javier Subject: Re: Appeal Date I will be available Dec 6 Sent from my iPhone On Oct 12, 2012, at 9:43 AM, "Nova Javier" <niavier@kodiakak.us<mailta:njavier@kodiakak.us>> wrote: Hi John, The Assembly cancelled the November 15 Regular Meeting. I would like to verify that December 6 will work with your Do et II pp lac4frIn 42-t- +in aoejl Schtd/V16 -egotice, 0 4-tkeitg4t44- (C.) schedule tor the appeal hearing on this case. I would appreciate hearing from you by email. Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e-mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon. request. From: John Whiddon imailto:iwhiddon@pacseafood.comj Sent: Thursday, October 11, 2012 11:50 AM To: Nova Javier Subject: Appeal Date Nova Per our conversation, I will be traveling to Portland on November 7th — 12th on business and had planned to continue on vacation through the end of November. I would like to know as soon as possible if the appeal will go before the Assembly on November 15th so I can rearrange my travel plans. Regards John John Whiddon 1 General Manager Pacific Seafood Kodiak 317 Shelikof Avenue1 Kodiak, AK 99615 t: 907-486-8575 1 c: 907-539-2973 e: jwhiddon@pacseafood.com<mailto:iwhiddon@pacseafood.com> <image001.png><http://www.pacseafood.conildefaultaspx?page----1> <image002.pngxhttp://www.facebook.com/PacificSeafood> <image003.png><http://twitter.comM/pacificseafood> <image004.pngxhttp://www.youtube.com/pacificseafoodgroup> 2 Fiv ti m 317 HTL LHW - TE 112)00.--- EXISTING DOCK TO BE REUOVED ��:•' /'1 .. 1. �' tiw t{ c ° f u civih10107e a 1 r € i 6 PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA SITE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 2 of 5 MP: f-A," (p) cy May 22, 2012 photos showing items relevant to business operations being stored in parking spaces identified in newly approved parking plan. 11dove1deparlmentslCD\CD -17 Property Files\AK Tideland SurveyslATS 49 City Tidelands \Tract N 29B1Paafic Seafood Violation .docx Page 5 of 6 4 74LHivi tor- (C J :4444 4,411010...ewlellieriiiimm".08•00,00,10 dr. 04**1.4 v, Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = (2026 . rounded up) egkvvi aVall sp6. •-co, occ, 1:es crew 4/070 Qvct,t1c4ble_ to* J7itS feq&e 607„ g,potck,49. KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Rm 205), Kodiak, Alaska 99615-6740 - Phone: (9071486 -9362 ZONING COMPLIANCE PERMIT FEE: 20.00 Permit 8: e Z• 9 ( 1. Property Owner /Applicant: lr awe_ . ■2J aY Number and slzeof parking spaces required (ensile of parking spaces is required Yes•`No: ) 2.367 a Set s14FU ax' e. % • � :? Ill , 1. I 9') , p wiling Address: 11 9 T Phone: X _ � " n 1 7-i o M 1� I� spa CP.S 1�i qr-s t ITrU I 2. Legal Description:: ANTS ps I I f. N -3I OHslred loading requirement: no Glriril :nb j�cl Io ,V41 ykary rut req street Address: .52.1 3l i DoT Sr Tax Code 0: f. 0OOOQO9 0 Plat related requirements (e.g., plal notes, easements, subdivision conditions etc.)):: /'1,n/' �1.--va..Jr-\ 3. Description of Existing Property/current zon1 :.Iv At s -rr+al Minimum Required Lot Area: (� Width: Actual Lot Area: //'1j -3-iii S 4 width: Minimum Required Setbacks: 5ides: ♦ i." " ±1 0.5 r Front: srNf) n2 / e<( i F/) t° C c Rear: r-c v'e / f '/ Rte_ sde. Maximum Building Height: MQv'aP CXGe T /—AA( Iii cse T'j Use and size of carting dnsrlures on the dot: X 15T Se� Y'X7 CC SSt pl ar1T ✓ Other requirements (e.g., zero lot Tine, additional setbacks, prolec1lons Into yards, screening, etc.): ' See -7;6' L} Coastal Management Program Applicable Polices (check appropriate category). Residential: Business: Industrial: Other (list): Is the proposed action consistent with the Kn Coasul Management Program? • Yes: No: 11 the proposed action conflicts with the Coastal Management Program policies, attach a'sheet that notes the pollcyfes), _ desulbes the conIIicds). and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: �//' . Description of proposed action (a cis siteptan): THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Expiration: A toning compliance permit will beconenull and void d1 the building Of use authordeed by such permit is not commenced with 180 days Iram the date of Issuance, or, if the building construction or use is abandoned at any lime, after the work is commenced, for a- period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do w, (Sec. 303 (d) Expiration, 1991 Uniform Building Code) per KIBC 17.03.060 5. Applicant Certification: I hereby certify Out l will comply with the provisions of One Kodiak Island Brvuugh Code and dot l have the authority us certify ?his as the property owner, Inaba representative of the In ?only 0001.,r. I agree to have identifiable comer markers In piece In the tied for verification of sesbac ss. g�7 k Su: : a/ /T /- Tihe: //1; Give T. Date: �I �O -Y Supporting Amu nts attache lchts11: site plan: As•tnsill survey: Other Ilisll: 6. Community Development stair fo, zoning by:7u2iL Tide: etc. Datt•: l t/Ivl61'7 0000030 00002505 11/10/91 14 :4'4tl X100 .C^ p01D. Fria FGRD LU N w4 7. Fire Chief Icily of Kodiak, fire Didrinl a1 {Wayside), Wo ire District' approval lar UFC (Sections 10.207 and 10.3010 by: Dau•: 8. Driveway Permit (State, City of Kodiak, Borough) issued by: Dare: 9. Septic system PLAN approved by, Dam: Detrilwtinn: File toriginal) / Building Of 'ial / Apellearu / 0 100 200 Scale in Feet Property Line N -15 A --�-- Shelikof Avenue Tidelands Tract N -31 -12.5 212' St, Paul ari 0 PLAN Purpose: Parking F Storage Area for Commercial Fish Plant Datum: MLLW National Ocean Survey Adjacent Property Owners: N -15; King Crab, Inc. N -20B, International Seafoods N Kodiak EC 0 N Lt) Island 13 a,1%`57V° 47' 11" N Project St. Paul Harbor ebb f o0' Vicinity. Map 0 500 1000 Scale in Feet Existing - Processing Plant Existing Fill i1ir L__I-T Oh Existing ck i,1, i, -12.0 ST. PAUL HARBOR 31 N -20B Kisting ilkhead ,w -. Proposed. Fill Addition In: St Paul Harbor At: Kodiak, Alaska Application By: Western Alaska Fisheries, Inc. P.O. Box 2367 Kodiak, .Alaska 99615 Sheet 1 2 Data 9 -23 -87 Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) ' 5,2c0 �. eAvti cik va 610..- sp76e, eeick,B/ fox- 4/070 � Vcct(41E, krI 7i t ie VeS 6 07,„ Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 ...•••• DUKE JONES P70. BOX 1604 • fsSS P0,97. e;S '996, e."=:"EL=drAminciew, 02 1P PITNEY BOWES $ 000.650 00031 77959 NOV 1 6 2012 AILED FROM ZIP CODE 9961 5 31 J Sa_le-or\ O _ NIFT E r NOT O ;Ai tv s.‘cd-cs- 11. C..% 9 9 615 .6;.3 4 610 '* 1 8 95 = C 5 tV5 g 4 Ai t Wait laittgi-mitt:itaio PROCEDURE FOR PROCESSING AN APPEAL TO THE BOARD OF AJUSTMENT NOTE: CHECK WHICH ONE APPLIES VARIANCES — KIBC 17.195.090 Appeals. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. -Code Requirement ' Dates ' ' Notes: - . 17.195.090 Appeals. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the September 19, 2012 Appeal by: September 29, 2012 Adoption of Findings of Fact Appeal filed: September 24, 2012 commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.225.010 Organization. The assembly is the board of adjustment for the Kodiak Island Borough 17.225.020 Powers of the board. The board of adjustment shall hear and decide: A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning ordinances and building 66dpi; B. Appeals from the decision of the commission on requests for conditional uses; C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title. 17.225.030 Persons who may appeal. A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. 17.225.040 New evidence--Changed circumstances. Appeals alleging new evidence or changed circumstances may be remanded by the board of adjustment to the commission where they shall be treated as petitions for reconsideration. Code RequireinentKIBC 1.7.225.050 A ' , ' 'I Dates I Notes: Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal. 1. Appeal Commenced. 09/24/2012 Submitted by: John .Whiddon, Appellant 2. Request the community development department director to 09/24/2012 1 Memo to CDD.doc prepare the appeal record. 10/05/2012 Xref. KIBC 17.225.050(C) The appeal record shall be completed within ten (10) working days of filing of appeal. Completed record 3. Appeal hearing 09/24/2012 Appeal commenced Xref. KIBC 17.225.070 (A) The board of adjustment shall hold 09/24/2012 an appeal hearing on the appeal at its first regular meeting First regular meeting 30 thirty (30) days after the appeal record has been completed. days after appeal record Rev. 10/24/2009 Page 1 Appeal to BOA Procedure Code Requirement KIBC 17.225.050 (B) . I ,Datet ,1Notes: is completed ????? 4. Notify the commission of the appeal. 09/2512012 2 Memo to P&ZC.doc 5. Mail notice of the appeal. ????? 3 weeks before the hearing Code Requirement KIBC 17.225.050 (B) . I ,Datet ,1Notes: The clerk shall mail notice of the appeal to each person who-was entitled to_notice of the original commission proceeding. The notice shall include the appellant's notice of appeal, which written of subsections of the appeal record. to those who are comments supporting not entitled. requirements of appeal. Wri ..s. - - rgument describe the decision argument supportinggr C and E of this section entitled to notice of the or gave oral testimony at or opposing the appeal. KI : - , 7.225.030 may appealed from, state the date of the appeal hearing and time within opposing the appeal may be submitted, and contain the substance regarding the obtaining of a verbatim transcript and the availability Discussion with CDD Staff Duane Dvorak was to send notices only ORIGINAL commission proceeding but those submitted timely written the public hearing before the commission MAY submit written arguments The Clerk is not obligated to send out notices to those who were 17225.060 Argument on appeal. On appeal to the board of adjustment, any person who meets the submit to the clerk written argument supporting or opposing the submitted prior to of this title may be or gave oral testimony at the appeal hearing shall become part of the appeal record. 17.225.030 Persons who may appeal. A written decision of the commission. - - - g or denying approval under the requirements appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments the public hearing before the commission. Mail notice of appeal to each person who was entitled to notice of the original commission proceeding. 06/1512007 3 Notice of Appeal Included appellant's notice of appeal? Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash 0 Yes El No Described the decision appealed from? 0 Yes • No Stated the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted? 0 Yes 0 No Contained the substance of subsections C and E of this section regarding the obtaining of a verbatim transcript and the availability of the appeal record. 0 Yes P No Code Requirement KIBC 1.7.225.050(C) • 1 Dates .- Notes: The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Are the draft minutes/minutes included? 0 Yes 1111 No Is the Commission's written decision included? 0 Yes No Are there any other written documents considered by the commission? 0 Yes • No Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash Rev. 10/24/2009 Page 2 Appeal to BOA Procedure deposit in the amount of the estimated cost of preparing the transcript. Within ten (10) working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Was there a request for verbatim transcript? appeal. Written argument submitted prior to the appeal hearing shall become part Make a copy of each of the written argument submitted. File original in the Clerk's file and file a copy in the "public inspection" binder in the Assistant Clerk's office. If yes, cash deposit is required. ❑ Yes ❑ No Get an estimate from Jackie Herter of Kodiak Reporting and File name: written and oral test ❑ Yes ❑ No Transcription at 486 -6221 Any person who was sent a written notice at the public hearing before the commission ❑ Yes ❑ No Once the transcript is completed, the requestor shall pay the actual cost before release of the transcription. ❑ Yes ❑ No Code sRequirenient,KIBC .17.225.050 (D A E) - . I Dates • ;j Notes: Following .completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record. The clerk shall deliver a copy of the appeal record to the borough staff assigned responsibility for the appeal. Appeal record shall be sent by certified mail to the following: appeal. Written argument submitted prior to the appeal hearing shall become part Make a copy of each of the written argument submitted. File original in the Clerk's file and file a copy in the "public inspection" binder in the Assistant Clerk's office. Appellant ❑ Yes ❑ No Applicant File name: written and oral test ❑ Yes ❑ No Any party who paid for a verbatim transcript Any person who was sent a written notice at the public hearing before the commission ❑ Yes ❑ No Borough staff (Manager, Clerk, and CDD) ❑ Yes ❑ No Borough Assembly, Mayor, and Attorney ❑ Yes ❑ No Use a cover letter Appellant cov let Attorney cov let Print out binder cover inserts Binder Cover A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate feel25 cents per pa e. Clerk's Office for public inspection (Assistant Clerk's Office) I � 0 Yes ❑ No Code Requirement KIBC 17.225.060 1 Dates 1 .Notes: Argument on appeal. On appeal to the board of adjustment, any person who section 17.225.030 of this chapter may submit to the clerk written argument supporting meets the requirements of or opposing the of the appeal record. appeal. Written argument submitted prior to the appeal hearing shall become part Make a copy of each of the written argument submitted. File original in the Clerk's file and file a copy in the "public inspection" binder in the Assistant Clerk's office. 17.225.030 Persons who may appeal. A written decision of the commission granting or denying approval under the requirements of this title may be appealed by the applicant; or any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. Verify each submitted written argument. The following are the only ones entitled to submit written arguments: File name: written and oral test Applicant Any person who was sent a written notice at the public hearing before the commission Submitted timely written comments at the public hearing before the commission Gave oral testimony at the public hearing before the commission Note: Save an electronic list for the meeting and have it available during the hearing so we can search the list before allowing anyone to comment. Rev. 10/24/2009 Page 3 Appeal to BOA Procedure Code Requirement N1BC17225.070 J Dates ,I ,Notes: Appeal hearing. A. The board of adjustment shall hold an appeal hearing on the appeal at its first regular meeting thirty (30) days after the appeal record has been completed. The board of adjustment shall hold an appeal hearing on the 05/18/2007 Appeal commenced appeal at its first regular meeting thirty (30) days after the 05/18/2007 appeal record has been completed. 07/07/2007 30 days after appeal record is completed Oral Testimony B. At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission may present oral argument. (Same as 17225060- written appeal submissions.) Prepare a list of persons who may present oral argument. File name: • Those who have submitted written argument on the appeal written and oral test • Those who testified before the commission • Those who submitted written comments to the commission Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time. 1. borough staff, including commission representatives: ten (10) minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. appellant: ten (10) minutes. 3. private person supporting the appeal: ten (10) minutes each. 4. private person opposing the appeal: ten (10) minutes each. 5. appellant, for rebuttal: ten (10) minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The board of adjustment shall decide the appeal upon: • the appeal record • the written and oral argument • the testimony and evidence presented on the appeal The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. Rev. 10/24/2009 Page 4 Appeal to BOA Procedure Code'RequirementRIBC 17:225:080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issue, based upon the evidence in the record. Recommended motion: Move to affirm (in whole or in part) Note: If the Assembly fails to affirm, a motion to reverse is in order. Or Recommended motion: Move to reverse (in whole or in part) Note:If the Assembly fails to reverse, the decision is affirmed. B... Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Recommended motion: Move to postpone the adoption of the findings and conclusions of the Board of Adjustment on case no. to the next regular Assembly meeting. C. The board of adjustment's decision affirming or reversing the decision of the commission shall be mailed to the parties to the appeal within ten (10) working days after the appeal decision and approval of findings of fact. Xref. 17.225.100 Judicial review. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within thirty (30) days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed, if in light of the whole record they are supported by substantial evidence. Announcement from the Mayor: The Board of Adjustment's decision shall be mailed to the parties to the appeal within ten (10) working days after the appeal decision and approval of findings of fact. Any person aggrieved by a final decision of the board of adjustment under this chapter may appeal that decision to the superior court within thirty (30) days of the decision. An appeal to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in part six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed, if in light of the whole record they are supported by substantial evidence. Code :Requirement KIBC 17.225.090 Hearing examiner. When the borough is either the applicant or appellant, the appeal shall be heard and decided upon by a hearing examiner. The hearing examiner shall be a borough resident who is appointed by resolution of the assembly. In rendering a decision, the hearing examiner shall follow the rules and procedures as set forth in the preceding sections of this chapter. (Ord. 90 -44 ' 6(part), 1991). Rev. 10/24/2009 Page 5 Appeal to BOA Procedure Kodiak Island Borough Office of the Borough Clerk. 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 njavier@kib.co.kodiak.ak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case 13 -006 - Requesting. a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.1 This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday, December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, '710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to niavier(a,kodiakak.us, fax at 907 - 486 -9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection at the Borough Clerk's Office. Any person' may obtain a copy upon payment of the appropriate fee and, any party to an ;appeal may request verbatim transcript of the proceedings before the commission by filing a, request accompanied by a cash deposit. Per KIBC 17.225.050 C. The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request thereof, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within ten (10) working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. - E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellant's Notice of Appeal Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) - Pub'ic Use Lands El Rural Res4dentiat 1 Watershed Rural Residential Conservation R;Nai Residential 1 Zoning Legend r 1 Mut Famly Residential Light Indus:nal Business ,: Rural Neighborhood Commercial Single Family Residential j I Retail Business Urban Neighborhood Commercial INatural Use r1 Two Family Residential Mil Industnal APPEAL HEARING FORM Case 13-006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) LJ This written argument is in support of the appeal. El This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to njavierkodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. BOARD OF ADJUSTMENT September 24, 2012 Nova Javier Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 PAGE 6 OF 130 E 11 fill ll SEP 2 4 2012 l,�,l J3 L BOROUGH CLERK'S OFFICE I Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17,225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907 - 486 -8575 Fax: 907 - 486 -3007 Email contact: jwhiddon @pacseafood.com Case/Decision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off- street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012, by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting will begin 1 BOARD OF ADJUSTMENT (poi lcsea oodM PAGE 7 OF 130 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off-street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 17.66.050. A.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. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has 'driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 BOARD OF ADJUSTMENT PAGE 8 OF 130 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off - street parking from 21 spaces to 10 spaces, according to KLBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off - street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off - site." We dispute this finding: 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The BOARD OF ADJUSTMENT eo 1 is �e ood, PAGE 9 OF 130 additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff Compliance with the parking standard per 17.175.070 H1, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staff's conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 17.66.050. A.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. We concur with Staff's conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off - street parking. Several 4 BOARD OF ADJUSTMENT al lcsea oodry PAGE 10 OF 130 new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no • dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In -,the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until . a complaint is brought ,before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives . of the Comprehensive Plan. We support Staff's conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 17.66.050 A.5 That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The seafood industry is extremely , dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently -that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty -four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint 5 • BOARD OF ADJUSTMENT Icsea ooh PAGE 11 OF 130 of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.175.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for, the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 BOARD OF ADJUSTMENT lcsea ood PAGE 12 OF 130 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 BOAR • ',� DJUSTN TIT G CO PT IANCE PERIVI dt gi13°r F 130 Permit # Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486 -9362 Fax(907)486 -9396 http: //www.kib.co.kodiak.ak.us Required Applicant Information: ff r, 1. Property Owner /Applicant: N Z-�` ;��'4 °'4' Mailing Address: . (f t (:,e-. ALA. iN i�t�� �UUrI`. � _ Phone: 6 °'6S`i � 2. Legal Description: kJ `Z-' B Street Address: ,77) t " F-0 l~= 3. Description of proposed action: T 6-WS "i`7 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District ❑ Parking Requirements Solid Waste Removal Requirements Q STAFF COMPLIANCE REVIEW Parcel No. R f _ () ('". _`. GSu Current Zoning: . - 6) C Required Lot Area: 0,(J(4 Required Setbacks: Front: 30 r Side: A p ` Rear acs' Building Height: () (Setback other than zoning district standards to be noted on the attached siteplan) 5. Number & size of parking spaces required: f k ptr;-tj = h047 6. Off -street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Requirements (e.g. zero lot Iine, additional setbacks, projections into yards, screening, etc. ACMP Policies: Res. ❑ s+ O I ' Ind. ❑ Other ❑ Consistent with KIB CMP: Yes ❑'No❑ Attachment: Yes❑ No❑ ""r Zonin yComplian g PeKr g ee Paytilej n•Casi}pr'rOliicc #,104 .1150aeaule:- „y ea• rr (q)sscmbly Rb{4�in f'E1 JmyI,200.t}, °.` maw( Lfss.t ( wl.75 acres 055.30.00) 1.76 to$A acres 560.00 5.01 to 40.00 acres 590.00 40.01 acres or more 5120.00 Construction Disposal Deposit Payab e-th casIilzr's-Officc Room # 104 Fee Schedule: (per Kill Assembly Resolution Eff. July 1, 2005) Less than 250 sq. ft. 5250.00 251 to 500 sq. ft. Sy10.110,- 501 or greater sq. ft.51000.00 • • 1!'.N I err•. t- • BOARD (Page 2 of 3) girt ISIFORM DOES NOT AUTHORIZE CONSTRUCINVEN4011031 A BUILDING PERMIT IS REQUIRED **EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anv time, after the work is commenced. for a period of 180 da-ys. Before ikich work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 Ltd) per K1BC 17.03.060. .1!1: 1. Subd. Case #: Plat #: Bldg Permit #:; 2. Driveway Permit (State, Borough, City) by/date: 3. Applicant Certification: I hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable corner markers in place in the field for verificatio of setbacks. By: tat—, Title: fil-epilkel. Date: 3/3 oi0:4" Supporting documents attached (check one): Site Plan: J. As-Built Survey: El Other (List): 4. Co unity De,yi4opment Department By: /44 17124k Title: c A Date: 5. Fire Marshal (UFC) by/date: 6. Septic System Plan Approved by/date: This ermit is ONLY for the ro osed o ect as described b the a II I cant. here are an chan es to the ro osed o'ect inc ludin its intended use • rior to or duri • its sitin construction or o eration contact this office immediately to determine if further review and approval of the revised project is necessary. toy/ r4, V\A BOARD OF ADJUSTMENT. . - ••PAGE .1'5 OF 130 • • ELeG. TR/JNSF ML'ra • • JB6.53 • l•04NS�CP N METAL Z PicolG a(/ xAaaA0 f)� '0 2/5.03 Sr PAUL- !JAR OP \ 711..\ ` Aso P- J\ ,.s"c — jroz J/L {Ptio0dJ4*O f1�J�T17J c 4-JO 1 c- rb J Jv 1551- 4 y„C.Gc a,te:„ 7 BOARD OF ADJUSTMENT Kodiak Island Borough - Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us .aatr Zoning Compliance Permit Print Form 11 1 111 14646 Permit No. CZ2012-79 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: The following information is 15 to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486-8575 Subdv: ATS 317 Shelikof Block: 26B Lot: 298 Use & Size of Existing Structures: Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 PROP _ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bldg Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes 4 of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N/A CNC Lo& If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" NIA BOARD OF ADJUSTMENT PAGE 17 OF 130 Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. Bid'g Permit No. Applicant Certification: I hereby certify that! will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. i agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey List Other: Parking Plan Date: May 16, 2012 Signature: This permit is only for the proposed project as described by the applicant. if there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification Zoning Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building 'iu1) bit Jt= ; t ,1 (It 1 $0.00 ✓ $30.00 r $60.00 ✓ $90.00 ✓ $120.00 Not Applica • �`' Less than 1.75. acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: After- the -Fact 2X the published amount ✓ $o.00 ✓ $60.00 ✓ $120.00 r $180.00 r $240.00 I ) Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (20426 rounded up) PAGE 18 OF 130 . BOARD 0 STREET • . .... : • • ewe.. , _ — One- •P•ot 4...6 11911i .5 67-roo-w .57.• PAUL PlAR-130P Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) =20.26 Parking Spaces Required = 21 (20.26 rounded up) • C4-osch Istel_ PAGE 19 OF 130 a 5 5 Get;., -t4. BOARD OF DJUS 6104. ra../...,07.-fe:, • , • .' • • : 11111.111111111"571 - 10;Wfif „ .40 A •• . .5 Or 17' JO' W ST: PAUL 11AR.E319P Building Square FootageTotal = 14,180 Parking Calculation (14,180 / 700) =20.26 2/5.05 Parking Spaces Required = 21 (20.26 rounded up) PAGE 20 OF 130 Zatz -7? To: titi Whiddon Cc: Bud Cassidy; Craig Urness; Duane Dvs,_ __;,;; Lauri Whiddon Subject: RE: Appeal Hi John, I haven't received any documentation yet from CDD regarding this case so I am unable to answer your questions regarding the findings. Hi Duane, Would you be able to help John with his questions? Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: John Whiddon [mailto:jwhiddon@ pacseafood.coml Sent: Friday, September 21, 2012 11:46 AM To: Nova Javier Cc: Bud Cassidy; Craig Urness; Duane Dvorak; Lauri Whiddon Subject: RE: Appeal Will a written decision be submitted so we can respond to the findings? Your document indicates that the clock starts from the time of the commission's findings, so will need the written report in order to adequately respond within the time frame allowed. John Whiddon Pacific Seafood Kodiak t: 907 - 486 -8575 c: 907 - 539 -2973 1)a- Cl 7C (±i? j (j From: Nova Javier rmailto:njavier©kodiakak.usl Sent: Friday, September 21, 2012 11:43 AM To: John Whiddon Cc: Bud Cassidy; Craig Urness; Duane Dvorak; Lauri Whiddon Subject: RE: Appeal ! John, Please see attached handout for an appeal. Thank you, Nova Ms. Nova M. Javier, MMC Borough Clerk 2 Ow- PUBLIC RECORDS LAW DISCLOSURE: This e -mail and responses to this email are subject to provisions of the Alaska Statutes and may be made available to the public upon request. From: John Whiddon [ mailto :jwhiddon(apacseafood.coml Sent: Friday, September 21, 2012 11:13 AM To: Nova Javier Cc: Bud Cassidy; Craig Urness; Duane Dvorak; Lauri Whiddon Subject: Appeal Ms Javier Per Borough Code 17.225 referencing Appeals to the Board of Adjustment, I intend to file an appeal concerning the findings of the Planning and Zoning Commission regarding Pacific Seafood's variance request (Case # 11 -001). The ordinance under section 17.225 is not clear on the time allowed to file an appeal – see below the reference "timely commencement of an appeal ". Could you clarify the time frame allowed by ordinance to file and appeal and whether that time begins at the conclusion of the P &Z hearing or upon receipt of the written findings of the P &Z Commision? 17.225.050 Appeal hearing – Notice, preparation of record. A. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal I will be traveling off - island from September 25th through October 8th and want to make sure that we adequate time to file the appeal. Respectfully John Whiddon 1 General Manager Pacific Seafood Kodiak 317.Shelikof Avenue' Kodiak, AK 99615 t: 907 - 486 -8575 1 c: 907 - 539 -2973 e: jwhiddon @pacseafood.com (Pi re- FC'Se— 3 N ova Javier /-\ From: Duane Dvorak Sent: Friday, September 21, 2012 12:38 PM To: Nova Javier; John Whiddon Cc: Bud Cass Subject: RE: Appeal Attachments: 13-006 Variance Denial Letter 9-21-12.pdf Nova and John, the code reference summarized in the ap ' |guidancedocumenLabouttakingtheappea|fronnthemnitten decision of the commission, is listed under KIBC 17.225.030 (Persons who may appeal) in Chapter 17.225 (Appeals to the Board of Adjustment): 17.225]}3O Persons who may appeal. A written decision of the commission granting or de ing ap ' l under the requirements of this title may be appealed by: A. The appiicant; or B. Any person who was sent a written notice or submitte timely written comments or gav oral testimony at the public hearing before the commission. For this purpose theCommissionmeilsoutan°ectionletter"withinadayor two of the commission decision summarizing the decision, findings and appeal rights. This is provided so the applicant, or other person(s) can ensure the appeal submittal is based on the commission's decision and supporting reasoning as it will be reflected in the public record. The ietter for this case will be going into the mail today and I have attached an electronic version of the letter to this e-mail. The aPpeal period for variance decisions, either approval or denial, is established in KIBC 17.195.090 (Appeals) of Chapter 17.195 (Variances) as follows: 17.195.090 Appeals. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. The above code establishes a ten calendar day appeal period for variances that is unrelated to the written decision language mentioned in0BC17.22G.O30above. The appeal period, based on calendar days, begins the next business day after the commission's decision. For this variance case decided on September 19, 2012, the last day to file an appeal will be close of business on September 28, 2012, which is the last business day in this 10 calendar day appeal period. ° I hope this clarifies the question below. Please let me know if further clarification is required. |ky, Duane Dvorak, Associate Planner Department Community Development Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 (907) 486-9362 ddvorak@kodiakak.us Nova Javier Sent: Friday, September 21,2D1211:SOAM .�� 1 ,Kodiak Manic' - -14 orough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: September 25, 2012 MEMO TO: Duane Dvorak, Acting Director, CDD FROM: Nova M. Javier, MMC, Borough Clerk RE: Preparation of Appeal Record for Case -006 Attached is an appeal to the Board of Adjustment of the Planning and Zoning Commission's decision on Case No. 13-006. The appeal was submitted by Mr. John Whiddon. Please prepare the appeal record pursuant to Kodiak Island Borough Code Title 17 and submit it to this office by Wednesday, October 5, 2012. KIBC 17.225.050C: "The appeal records shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission." Also, please supply a list of the name and address of each person who is entitled to a notice of the original commission proceeding. Thank you. \\Dove\Borough\CL\BC-03 - LAND USE APPEALSTY2013 \ISLAND FISH CO JOHN WHIDDON\1 Memo to CDD.doc • Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 DATE: September 25, 2012 MEMO TO: Planning and Zoning Commissioners FROM: Nova M. Javier, MMC RE: Appeal to the Board of Adju•i9"i ent a KIBC 17.225.050(A) states: "Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal. This is to inform you that an appeal has been submitted to the Board of Adjustment appealing your decision on: Case 13 -006. Requesting a Variance, According to KIBC 17.195, Reducing the Required Off- Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 Attached is a copy of the appeal letter submitted by Mr. Whiddon. The appeal hearing has been tentatively scheduled on Thursday, November 1, 2012 during the regular meeting of the Assembly which will start at 7:30 p.m. in the Assembly chambers. Attachment: Appeal Letter Cc: CDD Director Secretary 2 Memo to P &ZC t:411,41-8[1168801, i' asipue }dleoaH iuntel�,ol ;sawop , tt00Z'!�erugaj ` t uo` ..' % b G8E >.. Sd 'C E Q'C S 6 f' Q 12000 Z S rE t T' OiL ! ' a4wnN:elpgry..z• tiP(31: rjlienilat7 :p$ibts seFi 0'0 "0 "p' ,flaw paansur .. o; ill a wnjau p; ' :Pei!aiaj6a f p... 'IleVUs*.d ❑, 0,1N:l7ell:15C'p- edit eoi!ueS 914 p 11.4olaq" ssap ;itituanijap.reetia' ?S3�1ii s a fi C] , . 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