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BELLS FLATS LT TR D-2 OF TR A - Variancese 12 -025. Request a Review of proposed Assembly ordinance that seeks to exempt hoo ho installation from the requirements of the Borough zoning code by relaxing va 'o zoning gulations affecting setbacks, lot coverage, building height and the installatio i s f hoop houses on : lot without a main structure. The applicant is the Kodiak Island Boron : Assembly. The location' various residential zoning districts throughout the island and the oning varies. Cassidy reported p ently staff looks at hoop houses as an accessory buildin_ at have regulations associated with its he' : • t, setback, and location. Staff has been working wi gardeners in crafting a new ordinance. This ordin :. ce promotes hoop houses by relaxing th-, ypical building and zoning regulations. The borough attor - has helped draft it. COMMISSIONER VAHL MOVED to ward Ordinance F\2010 .. ordinance relaxing portion of Title 15 (Building Code) and Title 17 (Zon Code) to the Bo •ugh Assembly recommending that this ordinance be adopted and incorporated in he Borouge ode. The public hearing was opened & closed. Public t ony was given by: Marie Rice spoke in support of the request s thanked the commission. g she as been hoop housing long for years. Rice also . Marion Owen spoke in support of t - request thanking the c• mission and stating it takes a lot of courage for a community to emb e something new like hoop hou - s. During discussion, commi oners expressed concern with drainage 1 ues and the 1 foot setback. There was consensus t• mend the motion to add to have a review every 2 ; ars of the ordinance and strike the word `pia zc "from lines 74 and 94. OOMMISSIO ' WATKINS MOVED to amend the motion to add "Whereas, there wil e a review every two years • this ordinance, and to strike the word "plastic" from lines 74 and 94." RO VOTE ON MOTION TOAMEND CARRIED UNANIMOUSLY OLL CALL VOTE ON MOTION AS AMEVDED CARRIED UNANIMOUSLY E) Case 12 -017. Request a Variance, from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty foot rear yard setback. The applicant is Jeff Steele and the agent is Ken Knowles. The location is 220 Sargent Creek Road and the zoning is I Industrial. Cassidy reported the applicant has withdrawn his request for a variance and he will have a rezone before you at the January regular meeting. BUSINESS There wa -- •ne NEW BUSINESS There was none. COMMUNICATIONS A) November Planning &Zoning Case Resul B) Letter of Courtesy &Advisory Re: Storm- .nd Proc ng Junk Vehicles On Property Not Zoned For Use C) Letter of Courtesy & Advi ' e: Vehicle Storage on Property • . •ned For Such Use D) Letter of Trespass E) Letter of Co - sy & Advisory Re: Gavel Extraction F) Notic respass ssidy gave a brief report on the communications. 12/21/2011 PAr7. Minutes. Page 5 of6 NOVEMBER 30, 2011 PLANNING AND ZONING KODIAK ISLAND BOROUGH c"))1ECIEOVIE DEC - 1 2011 COMMUNI1Y DEVELOPMENT DEPARTMENT REQUEST FOR RE -ZONE TRACT D -2 OF TRACT A, BELLS FLAT PLAT 88.20 PROPERTY ID # R- 90020040000 WE ARE REQUESTING A RE -ZONE OF THE ABOVE REFERENCED PROPERTY FROM I •- INDUSTRIAL, CHAPTER 17.105, TO LI -• LIGHT INDUSTRIAL., CHAPTER 17.120. THE PREVIOUS REQUEST FOR A VARIANCE FROM THE SETBACK REQUIREMENTS OF A STRUCTURE TO BE BUILT ON THE REFERENCED PROPERTY IS WITHDRAWN. FURTHER INVESTIGATION OF THE "LI" CLASSIFICATION INDICATES THAT IT MORE CLOSELY MATCHES THE CURRENT AND FUTURE USES OF THE SUBJECT PROPERTY, AND ALLOWS FOR MORE LATITUDE IN PLACEMENT OF STRUCTURES. FINDINGS OF FACT IN THE STAFF REPORT FROM THE PREVIOUS REQUEST FOR A VARIANCE, CASE *12-017, STATED ON PAGE 7 OF 8 " THE LI -LIGHT INDUSTRIAL ZONING DISTRICT APPEARS TO ALLOW ALL OF THE USES CURRENTLY EXISTING ON THE SITE AND THIS ZONE HAS NO YARD SETBACK REQUIREMENTS. GIVEN THE DISCOURAGING NATURE OF THE 2006 WOMEN'S BAY COMPREHENSIVE PLAN UPDATE TOWARDS INDUSTRIAL USES, THIS TYPE OF REZONE WOULD ELIMINATE POTENTIAL HEAVY INDUSTRIAL USE IN FAVOR OF RELAXED SETBACKS MIGHT BE THE BEST COURSE OF ACTION FOR THE PETITIONER AND THE COMMUNITY" WE THEREFORE REQUEST THIS REZONE TO LI -LIGHT INDUSTRIAL BE GRANTED. KEN KNOWLES, AGENT FOR: JEFF STEELE, OWNER November 17, 2011 Mr. Jeff Steele PO Box 3369 Homer, AK 99 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907). 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -017. Request a Variance from KIBC 17.105.040 C (Rear Yards), in accordance with KIBC 17.195.050 Variances, to allow the construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback. Dear Mr. Steele: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on November 16, 2011 postponed action on the case referenced above until their December 21, 2011 regular meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496-9363. Sincerely, Sheila Smith Secretary CC: Ken Knowles 6 Sheila Smith From: Martin Lydick Sent: Wednesday, November 16, 2011 8:04 AM To: Bud Cassidy Cc: Duane Dvorak; Sheila Smith Subject: FW: P& Z meeting Thank you, From: Jeffrey T Steele fmailto:iefftsteele@ me.coml Sent: Wednesday, November 16, 2011 6:58 AM To: Martin Lydick Cc: Ken Knowles Subject: P& Z meeting Martin -I would like to postpone the hearing of case 12 -017 at the Planing and Zoning commission tonight till the next meeting in December. It is my understanding the date is Dec 21, 2011. I need more time to consider the staff recommendations. Thank -you Jeff Steele 1. Public Hearing Item 7-B. Case 12-017 • VINCIN PA SARGENT CREEK ROAD 5 P0 355 PRO.5-0, 1_10lTED ATES COAST GUARD OWNERSHIP AFFIDAVIT 1 taw any TINT 111 WE 14 win DE Kam 113(1010 caw I KEW Lfir.410 De MC I &OEM roA FUIE uluTt3 sank lures, Haw nits. mozi con ems mos raom locaL NPTARY ACKNOWLEDI$MENT %MOO MD 5011M 10 LOWE 41115 Stcdo TAX CERTIFICATE' 1 WM CRIFY IOIJ Ammo RI maws et ;If loia( 'sofa WW14I Ai V131123CSO NC DE *60 SIC L0 I1 NM Cis MC NOIVX 151/0 DIRWCH WNW,. 0101*0*0011 1001& ea cr KOS RCN ISIAG 09.5,1 MUM . RAT APPROVAL OW SIM Fusee No zosc coossa woe , t woo CIORW CO5 . { nos is 00 COOT Tor sim RN 5 au PROM x 0:12191X 111:0111M4( al.„,___.1 WWI =MS: DV 4 Vii etlilfal wavali miota4 euor as 00111/41160:11.141110 SICRe WW1 MSC; LOW .4•71101./VM 4141080 .41.1 M.......5.027414:11;r1141.1= Ma I .111. 061411.010.11.0589.610 Of- 1199111511 REFERENCES: 1.PLAT 88-20 RECORDED IN THE KODIAK RECORDING DISTRICT JUNE I, 1988. SUBJECT TO ALL CONDITIONS, SERVITUDE'S, EASEMENTS, COVENANTS, RESERVATION, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. cO -OZ. IRO n: ,Y/fAllen 10' V :ANT EASIX1r MC CF IWO A ECM 01.1010 KAM 94E10*ief0 1.1.15V2539 Avongl aPX./Oplo.110112, gdr, /ft Amax Asam Public Hearing Item 7-B Case 12-017 VINCINRY MAP 065- 70 2 SARGENT CREEK ROAD EDGE OF PAVEMEN (60 wiDE) NERSHIP AFFIDAVIT MOW 03MR OPT GE ARE IHE OMM 01) 1)10100601)110 MOND MIER 1 LIEM 10 DIE MD P0. LASERM PUBUC MOM . SIMS. AIM ii*icirar RUX Mom, on4,61.7441 di7 • NOTARY ACK 0 TAX CERTIFICATE 01)1)001)11001106101 ?10 PLAT APPROVAL t TO PE REGOROS OF PIE CM EIRD FOROUGI) 10061)01)41100)101)10101000110060110001)) 00R3.01:1, UNITED STATES COAST GUARD 0' 30' 100 90' + OPROVLOAG2.2f2Qa1.- PVT 29- 2.009 ' MOO 04 ACCMICE ME KM 17 .2001MM /05 MS LS 10 LIMY 10)0 10 BOROUGH CODE I. 1 c--411W 011000100) d 0100011+ 01000610+10 ag/^2:710t .20 1)0,10)01 061)001) 11=02121100)=420 j4117+171q; REFERENCES: 1.PIAT 88-20 RECORDED IN THE KODIAK RECORDING DISTRICT JUNE 1, 1988. Legal Dend tion: 10101)10010 06 I a' atc umny [MOW two -1 OF MC 5115 FUR ROA SIM rali 0001006 uss 2539 yr.& •-v-p• trifar ••6•1" VI ARMIZI71,13•1•1121 SUBJECT TO ALL CONDMONS, SERVMJDE'S, EASEMENTS, COVENANTS, RESERVATION, RESTRICTIONS AND RIGHTS OF WAY OF RECORD. nsnx Duane Dvorak From: Mathers, <dmathers@city.kodiak.ak.us> Sent: Friday, November 04, 2011 11:59 AM To: Duane Dvorak Subject: Variance requested by Jeff Steele for warehouse setback from theproperty line Duane Regarding: Variance requested by Jeff Steete for warehouse setback from the property Hne. If the buliding is buiit on the PL it would require a 2 hr. fire wall and a parapet . This 2 hr. wall requires 2 layers of 5/8th type X sheetrock on each side of the wall. 4 layers total. The parapet would need to be 30 inches above the wall and built the same as the wall below. If the building is 5 feet from the PL that 2 hr. walt becomes a modified 1 hr. wall which would require 1 Iayer of 5/8t type X sheetrock on the inside of the PL wall. This difference would mean 3 extra layers of sheetrock which would equate to approximately 100 sheets of 4 x 8 sheetrock if the side wall was 8 feet tall. As usual my main concern would be water runoff from the roof, snow sliding and access for maintenance . Hope this helps. Douglas |Mathmrs City of Kodiak Building Official Office (907) 486-8072 Fax (907) 486-8071 dmathers8Ddtv.hodiak.ak.us 5Eictsivien t4„.. 4 2011 1 Public Hearing Item 7-B KODIAK ISLAND BOIUGH - COMMUNITY DEVELOF 171..NT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us Applicant Information 5 Mr:GC-- Property owner's name ‘te 3176. Property owner's mailing address Je..pl)//1-14.. • City State 66'• lee 7- 2246 Home phone Work Phone oeetti „senie.)14465 Agent's name (If applicable) eoy Zip • E-mail Addr. Agent's mailing address Xed/4f‘. • /474,/— City State /707- Ago • 22g 112 -y) Home phone Work Phone Zip /11Vie/dzeat4 E-mail Addr. Property Information 'Agate_ g • gee 2209 44D Property ID Number/s 772Ac7— .2 ex' 7724-er ,4- 7L5 ich* -15 c.").7-- e30-20 Legal Description Current Zoning: .z-- madSr/ei Applicable Comprehensive Plan:. Year of Plan adoption: Present Use of Property: 4,4126,WeV SC/ -5reirzn- 0.7 Proposed Use of Property: GthF-g-4.7/(td, 6; (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I 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 At-bulit Survey Photographs Maps • * Other hirS-7/Zeet/NZ_, /AA 4*// Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions ofthe Jot, 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, C1993 by Rutgers University) • Code Section(s) Involved: STAFF USE ONLY Variance (KIBC 17.66.020).9O Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site Ian review, etc.) $150.00 Zoning chan7fitm (KIBC 17.72.030 and 030.C)* Application received by; Staff signature PAYMENT VERIFIC TION 7qq (ne• 'ttfr 0 'Ail „•osliik rtl 30,04g, Finarfeeilenartmont, Application - Page 1 of 4 AS-BUILI SURVEY Pf€PARED eY: HORIZON LAND SURVEYING INC. PO. BOX 1945 KODIAK ALASKA 99615 ( 907 ) 486 -6506 Public Hearing Item 7 -B SUR.vc YORS CERTIFICATE HEREBY CERTIFY THAT 1 HAVE SURVEYED THE FOLLOWING OEgpREIED PROPERTY; TRACT. D -2 OF TRACT A OF THE BELLS FLATS ALASKA SUBDIVISION PER PLAT 89 -20 W THE T cg ALASKA AND THAT THE RECORDING DISTRICT. SITUATED TIEREON ARE WITH- IN THE PROPERTY Lae% NO 00 NOT OVERLAP OR ENCROACH ON THE PROPERTY LYING ADJECENT THERETO. THAT NO IMPROVEMENTS ON PROPERTY LYING ADJACENT THERETO EN- CROACH OM THE PREMISES IN 01 ST1ON AND THAT THERE ARE NO ROADWAYS, TRANSMSSION LINES OR OTHER VISIBLE EASEMENTS ON SAID PROPERTY EXCEPT AS IND CATED HEREON GATED HIS DAY OF 19 -riMEEE RE6iSTEREDZAHO BURST' V� R sate r 40' .104 MAY 11Th 1993 Public Hearing Item 7 -B Public Notice - Page 1 of 4 Current Location Request a Variance from KIBC 17.105.040 C 220 Sargent Creek Rd. (Rear Yards), in accordance with KIBC P & Z Case 12 -017 17.195.050 Variances. to allow the Jeff Steele construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback. ' RRI N1 C� EK SPHCt i Il rillig 1111VP. 1 0°1' lkss I _ iii 0 ^6be s ® 44q s V 4 . 11\ �ryc Wy J 0.' fJPd f n �A IIIII ion Kodiak Island Borough GIS Legend NN 1 `�7 �/ Subject Parcel Feet 400 aoo 1 1 � t L_ 1 1 Notification Area _S_11r 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. Public Notice - Page 1 of 4 Public Hearing Item 7 -B KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 October 14, 2011 Public Hearing Item 7- PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 16, 2011. 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: REQU EST: LOCATION: ZONING: 12 -017 Jeff Steele Ken Knowles A Variance from KIBC 17.105.040 C (Rear Yards), in accordance with KIBC 17.195.050 Variances, to allow the construction of a building encroaching fifteen feet into the required twenty-foot rear yard setback. 220 Sargent Creek Road 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, November 1, 2011 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 your comments 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. On Monday, November 14, 2011, a work session will be held at 6:30 p.m. in the Assembly Chambers 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 propert■ description: Comments: Public Notice - Page 2 of 4 P UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 Public Notice - Page 3 of 4 Public Hearing Item 7 -B BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 October 15, 2011 Mr. Jeff Steele PO Box 3476 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -017. Request a Variance from KIBC 17.105.040 C (Rear Yards), in accordance with KIBC 17.195.050 Variances, to allow the construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback Dear Mr. Steele: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 16, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. On Monday, November 14, 2011 at 6:30 p.m. in the Borough Assembly Chambers, the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, �hP�S1ra O Sheila Smith, Secretary Community Development Department CC: Ken Knowles Public Hearing Item 7 -B MEMORANDUM DATE: November 3, 2011 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 16, 2011 Regular Meeting CASE: 12 -017 APPLICANT: Jeff Steele AGENT: Ken Knowles REQUEST: A Variance, from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback. LOCATION: 220 Sargent Creek Road ZONING: I- Industrial Zoning District Five (5) public hearing notices were distributed on October 14, 2011. Date of site visit: November 2, 2011 1. Zoning History: The 1982 Womens Bay Community Plan identified this area as Industrial. Tracts D -1 and D -2 of Tract A, Bells Flats Alaska Subdivision were rezoned from Unclassified to !- Industrial by Ordinance 69 -30 -0. Two variances were granted to adjoining Tract D -1 to build a structure on an existing foundation that encroached within the front yard setback along Sargent Creek Road, Cases 88 -046 and 93- 001. 2. Location: Physical: 220 Sargent Creek Road Legal: Tract D -2 of Tract A, Bells Flats Alaska Subdivision 3. Lot Size: 1.53 Acres 4. Existing Land Use: Shop, Warehouse, Outdoor Storage 5. Surrounding Land Use and Zoning: North: Lot 4, Block 2 of Tract A, Bells Flats Alaska Subdivision Use: Vacant Zoning: PL- Public Use Land Zoning District South: Tract D -1 of Tract A, Bells Flats Alaska Subdivision Use: Storage Zoning: I- Industrial Zoning District Staff Report - Page 1 of 8 Public Hearing Item 7-B East: Lot 7, U.S. Survey 2539 Use: Vacant Zoning: C-Conservation West: Block 3 of Tract A, Bells Flats Alaska Subdivision Use: Industrial Zoning: Industrial Zoning District 6. Comprehensive Plan: The 2006 Womens Bay Comprehensive Plan Update identifies this area as Residential. (Note: staff believes this designation may have been in error, however it is clear from the plan narrative that industrial uses are not encouraged in the body of the plan. For example, the plan map shows the "B" Tracts designated for Recreation/Industrial, an indication of the eventual transition of this site from resource extraction to a reclaimed recreation area. The "Slaughterhouse" site is also designated for Commercial use even though the site is current zoned I-Industrial) 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: Kodiak Island Borough Code Title 17 Chapter 195 Variances KIBC17.195.010 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. KIBC17.195.020 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. KIBC17.195.030 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. KIBC17.195.050 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: 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; Staff Report - Page 2 of 8 Public Hearing Item 7-B } 2. That the strict application of the provisions of this title would result in practical 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 the comprehensive plan; 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; 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 alt of the required findings in subsection A of this section it shalt deny the variance. KUBC17'195.060 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 buliding 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 toadjecontpnopartieeordetrimenba|tothaborough.VVhonnmoeusary.the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. KIBC17.195.070 Effective Date The decision of the commission to approve or deny a variance shall become inal and effective 10 days foliowing such decision. KyBC17'195.080 Cancellation Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. KOBC17.195.090 An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such a p shalt 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. KIBC17'195'100 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 The purpose of this request is to allow the constructionof a 25 by 125 foot mini-storage warehouse to be constructed with a 15 foot encroachment into the required 20 foot rear yard setback. The petitioner has requested this variance in order to maximize the utilization of the site and to allow a reduction in firewall wall rating from a 2-hour fire wall on the property line to a 1-hour rated firewall located 5 feet from the property line. The I-Industrial zone permits development in the rear yard to be developed on the property line (zero-lot-line) or in the alternative must be setback 20 feet from said line. In this case, the petitioner cannot locate the building with the full 20 foot setback without blocking the two-way vehicle circulation needed to access the south half of the proposed structure. Staff Report - Page 3 of 8 Public Hearing Item 7-B A variance is define& as permission to depart from the literal requirements of a zoning ordinance. And a hardship variance is defined2 as a departure from the provisions of a zoning ordinance relating to setbacks, side yards, frontage requirements, and lot size that, if applied to a specific lot, would significantly interfere with the use of the property. The grant of a variance confers a property right entitlement in excess of that enjoyed by other similarly situated properties, and remains with the property, regardless of ownership change. KIBC17.195.010 Variances states "Variances are provided by this chapter for the purpose of relaxing zoning district requirements in special circumstances (emphasis added) KIBC17.195.030 Investigation states "An investigation of the variance request shall be made and a written report provided to the commission by the community development department. It further provides that "The findings required to be made by the commission shall be specifically addressed in the report. There are six (6) specific findings that must be addressed, and they are, in order: 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; Tract D-2 is 1.53 acres in area. While the lot is substantially affected by a utility easement across the front of the property, this easement is largely located within the front and side yard setbacks. In addition, this easement was not considered to be a substantial impediment to development when the property was allowed to be subdivided. While the easement may not allow for building construction, it does not inhibit the use of the easement for off-street parking or outdoor storage purposes. In other respects, the tract is relatively level and not of an odd shape or size that might unreasonably restrict development. The yard setback rules apply to all lots in the 1- Industrial zone and cannot be considered themselves as an exceptional physical circumstance or condition applicable to the property. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; The strict application of the "required yards" provision of Title 17 would not result in practical difficulties or an unnecessary hardship. The property has already been •developed with several large storage and shop structures on the site. While it may be desirable (and profitable) to develop another commercial structure on the site this rationale alone is not sufficient to justify the grant of a variance to the setbacks that other all property owners in this zoning district are required and expected to adhere to. The property owner has adequate room to build the structure on the property line and it appears the principal reason for the variance request is to avoid the necessity of building a 2-hour rated firewall instead of a 1-hour rated firewall. 1 The Latest Illustrated Book of Development Definitions, Moskowitz and Lindbloom, the State University of Jersey, Rutgers, 2004. 2 Ibid. Staff Report - Page 4 of 8 Public Hearing Item 7 -B The petitioner has several conforming alternatives that can be achieved without the grant of variance, such as building on the property line with a 2 -hour firewall. Another conforming alternative might be to investigate a rezone of the property from 1- Industraial to LI -Light Industrial. The Ll -Light Industrial zoning district appears to allow all of the uses currently existing or proposed on the site and this zone has no yard setback requirements. Given the discouraging nature of the 2006 Womens Bay Comprhensive Plan Update towards Industrial uses, this type of rezone that would eliminate potential heavy industrial use in favor of relaxed setbacks might be the best course of action for the petitioner and the community. 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; The grant of the variance requested will not result in material damage or be detrimental to the public's health, safety, or general welfare. The variance however may be prejudicial towards other property owners in the I- Industrial zoning district who have complied with the yard setback requirements as written. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; A grant of the requested variance would not negatively impact the current comprehensive plan. Although the plan discourages Industrial uses generally, the development of a mini - storage warehouse is not considered to be an Industrial use as this use can be permitted in both the B- Business and LI -Light Industrial zoning districts. 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; and The applicant has not created special conditions for which relief is being sought by variance. The nature of the request however, does indicate that the variance is principally intended to avoid having to build a 2 -hour rated firewall and in this regard it does appear that the gist of the request is to avoid whatever financial hardship or inconvenience this may entail. It should be noted that the placement of the building on the property line would eliminate the need for a screening review where commercial or industrial development is located next to a residential use or zone. The commission may recall another such screening review in this same area in relation to the Log Transfer Facility. Even though the adjoining tract is vacant, it is zoned for residential development (C- Conservation) and as such would trigger a screening review for any new structure that is not located directly on the property line in question. 6. That granting the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the I- Industrial zoning district. Mini - storage warehouse use is permitted in the both the B- Business and LI -Light Industrial zoning districts. Staff Report - Page 5 of 8 Public Hearing Item 7-B RECOMMENDATION Staff believes that this request does not meet all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.195 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a Variance from KIBC 17.105.040.0 (Rear Yards), in accordance with KIBC 17.195.050 (Variances), to allow the construction of a building encroaching fifteen (15) feet into the required twenty-foot rear yard setback. Staff recommends that this motion be FAILED and the following motion be ADOPTED: Move to adopt the findings contained in the staff report for this case dated November 3, 2011 as FINDINGS OF FACT for this case. FINDINGS OF FACT FOR CASE 12-017 17.195.050 (Approval or Denial) A.1. Tract D-2 is 1.53 acres in area. While the lot is substantially affected by a utility easement across the front of the property, this easement is largely located within the front and side yard setbacks. In addition, this easement was not considered to be a substantial impediment to development when the property was allowed to be subdivided. While the easement may not allow for building construction, it does not inhibit the use of the easement for off-street parking or outdoor storage purposes. In other respects, the tract is relatively level and not of an odd shape or size that might unreasonably restrict development. The yard setback rules apply to all lots in the 1- Industrial zone and cannot be considered themselves as an exceptional physical circumstance or condition applicable to the property. A.2. The strict application of the "required yards" provision of Title 17 would not result in practical difficulties or an unnecessary hardship. The property has already been developed with several large storage and shop structures on the site. While it may be desirable (and profitable) to develop another commercial structure on the site this rationale alone is not sufficient to justify the grant of a variance to the setbacks that other all property owners in this zoning district are required and expected to adhere to. The property owner has adequate room to build the structure on the property line and it appears the principal reason for the variance request is to avoid the necessity of building a 2-hour rated firewall instead of a 1-hour rated firewall. The petitioner has several conforming alternatives that can be achieved without the grant of variance, such as building on the property line with a 2-hour firewall. Another conforming alternative might be to investigate a rezone of the property from I-Industraial Staff Report - Page 6 of 8 Public Hearing Item 7-B to LI-Light Industrial. The LI-Light Industrial zoning district appears to allow all of the uses currently existing or proposed on the site and this zone has no yard setback requirements. Given the discouraging nature of the 2006 Womens Bay Comprhensive Plan Update towards Industrial uses, this type of rezone that would eliminate potential heavy industrial use in favor of relaxed setbacks might be the best course of action for the petitioner and the community. A.3. The grant of the variance requested will not result in material damage or be detrimental to the public's health, safety, or general welfare. The variance however may be prejudicial towards other property owners in the I-Industrial zoning district who have complied with the yard setback requirements as written. A.4. A grant of the requested variance would not negatively impact the current comprehensive plan. Although the plan discourages Industrial uses generally, the development of a mini-storage warehouse is not considered to be an Industrial use as this use can be permitted in both the B-Business and LI-Light Industrial zoning districts. A.5. The applicant has not created special conditions for which relief is being sought by variance. The nature of the request however, does indicate that the variance is principally intended to avoid having to build a 2-hour rated firewall and in this regard it does appear that the gist of the request is to avoid whatever financial hardship or inconvenience this may entail. It should be noted that the placement of the building on the property line would eliminate the need for a screening review where commercial or industrial development is located next to a residential use or zone. The commission may recall another such screening review in this same area in relation to the Log Transfer Facility. Even though the adjoining tract is vacant, it is zoned for residential development (C-Conservation) and as such would trigger a screening review for any new structure that is not located directly on the property line in question. A.6. The granting of the variance will not permit a prohibited land use in the I-Industrial zoning district. Mini-storage warehouse use is permitted in the both the B-Business and LI-Light Industrial zoning districts. Staff Report - Page 7 of 8 October 15, 2011 Mr. Jeff Steele PO Box 3476 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -017. Request a Variance from KIBC 17.105.040 C (Rear Yards), in accordance with KIBC 17.195.050 Variances, to allow the construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback Dear Mr. Steele: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their November 16, 2011 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. On Monday, November 14, 2011 at 6:30 p.m. in the Borough Assembly Chambers, the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department CC: Ken Knowles / KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 October 14, 2011 Public Hearing Item 7- PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, November 16, 2011. 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: 12 -017 Jeff Steele Ken Knowles A Variance from KIBC 17.105.040 C (Rear Yards), in accordance with KIBC 17.195.050 Variances, to allow the construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback. 220 Sargent Creek Road 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, November 1, 2011 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 your comments 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. On Monday, November 14, 2011, a work session will be held at 6:30 p.m. in the Assembly Chambers 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: Current Location Request a Variance from KIBC 17.105.040 C 220 Sargent Creek Rd. (Rear Yards), in accordance with KIBC P & Z Case 12 -017 17.195.050 Variances, to allow the Jeff Steele construction of a building encroaching fifteen feet into the required twenty -foot rear yard setback. all.,-. µa6P, /111 2 .S5 J Il 1 i 4 III It 11111' ry� 0 .6104 Kodiak Island Borough GIS Legend W (�' `. J Subject Parcel 40 I i 1 1 I 1 1 t I Notification Area 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. UNITED STATES COAST GUARD P.O. BOX 5 KODIAK, AK 99619 STEELE PROPERTIES JEFF STEELE PO BOX 3369 HOMER, AK 99603 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 K LIVESTOCK CO -OP P.O. BOX 273 KODIAK, AK 99615 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 PAYMENT DATE 09/30/2011 COLLECTION STATION CASHIER RECEIVED FROM KEN KNOWLED DESCRIPTION JEFF STEELE R9002004000 PAYMENT CODE Variance Fee Payments: Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 RECEIPT DESCRIPTION Variance Fee Type Detail Amount Check 799 $250.00 BATCH NO. 2012 - 00000138 RECEIPT NO. 2012 - 00000332 CASHIER Cashier TRANSACTION AMOUNT $250.00 Printed by: Cashier Total Amount: I $250.00 Page 1 of 1 09/30/2011 08:23:46 AM KEN KNOWLES Lightfoot Construction P.O. Box 1934 KODIAK, ALASKA 99615 (907) 486 -6229 Fax (907) 486 -6288 JOB SHEET NO. OF DATE DATE CALCULATED BY CHECKED BY SCALE �L�27rtF�2. ,f), -A/A//n6C7 /2 &n/2AiC -z /LA)//fi /SCAA/� r��va�i llf f26 Qd -- //De /2& i JJ -s /,t/G, 4 /i- t✓CC -" F'2Dn7l C's /%'9 /1 /%In Z- bt/e)v�;7z, D/5772/67-1 /T--7171 e pc /7. /o5-, elO 012)5, /i'GLC//.) 60i✓S;72t/CT/Q/V pc / 23 /Y 25- ' /Yl //// - JTl�,ei�CG /3U L1) /4/e 1 `5 T4//,()c-• cv/&,2 i /geoPa -X Ai L-7. /7. /D6, D466) yi�5 �, fL /9 5 r oc NDi 7 u 'v 2Z' /iND /°SDP& -y gh4 C& i &v r T2 UCH ,/2D/r7 ",QOPC -TL/ L ,iJ 416t)5 'D2 Ce/t/S a eicT /tl d F -'To e k; ev/L, /!J 1 1/t/ //7/ - /,/ 1C /(', /24-77-1 72/1/74itgZ 77 4 Al 2 • /1,i)/J. /_. /9 5 f24). --4-7/2//1/Z-, ce 1 S 7-1-) /2 &7 Di' .e.)/643/11/4,. D PRODUCT 207 KODIAK ISLAND BOt °:,.UGH - COMMUNITY DEVELOV.viENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us 2Z0 `5Qr�o Q Applicant Information Property Information 5/e LC Property owner's name ,76 Property owner's mailing address / !)/4-!L 4- /L City State 5"'7 18 7- 2248 Home phone Work Phone /e417/1/ /.gn/c)4AJL4-5 Agent's name (If applicable) /.5LX /4'3 E -mail Addr. Agent's mailing address /ed /!P/C //-/G glee, /5— City State 1'47- 106•6,z2gi 141.314) 7 Home phone Work Phone zip E -mail Addr. "AddFZ 29c2 20D4 Oc Cr- Property ID Number /s `racT' t) •Z x36-us c4.4rS lac. i ee -20 Legal Description Current Zoning: n/04/ST2/✓ Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: 4/4/26-016V '/fJ) $C/ Proposed Use of Property: e',6/ft) j &-> 'STG?f�r t✓'-�� (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 plant for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative /History As -built Survey Photographs Maps Other S7/Zeatopt, g.*/ Property Owner's Signature Date Authorized Agent's Signature 477,4/ Date A 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 Rutgers University) Code Section(s) involved: STAFF USE ONLY Variance (KIBC 17.66.020)610:0D Conditional Use Permit (KIBC 17.67.020.8) $250.00 Other (appearance requests, site Ian review, etc.) $150.00 Zoning changgfrom (KIBC 17.72.030 and 030.C)* Application received by:, Staff signature l2-C)17 PAYMENT VERIFIC • Ti ©N lqq sQ; �iM1 �qi.f Eiu o F n (teZ partr'en1 Applicable Kodiak Island Borough Code Application Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan. ... Variance • 17.66.020 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. 17.66.050 Approval or denial. "...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: 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; t 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; • 1 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 the comprehensive plan; 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; - 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. 17.66.060 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. Conditional Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to cant' out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, . require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 14: \CD \Templates \ComDev \Revised F -CUP Variance Application.doc El MTh Chapter 17.105 — INDUSTRIAL DISTRICT Sections: 17.105.005 Description and intent. 17.105.010 Permitted uses. 17.105.020 Conditional uses. 17.105.030 Lot requirements. 17.105.040 Yards. 17.105.050 Building height limit. 17.105.060 Performance standards. 17.105.005 Description and intent. The I industrial zoning district is established as a district in which the principal use of the land is for business, manufacturing, processing, fabricating, repair, assembly, storage, wholesaling, and distributing operations, which may create some nuisance, but which are not properly associated nor compatible with residential land uses. For the industrial zone, in promoting the general purpose of this title, the specific intentions of this chapter are: A. To encourage the construction of and the continued use of the land for business and industrial purposes; B. To prohibit all residential uses of the land not associated with industries and any other land use which would substantially interfere with the development, continuation or expansion of industry in the zone; C. To concentrate the industrial and business uses within designated areas to protect residential districts from noxious or noisy operations; and D. To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this chapter. [Ord. 81-40-0 §2, 1981. Formerly §17.24.005]. 17.105.010 Permitted uses. The following uses of the land are permitted in the industrial district: A. All uses permitted in B business district, except residential; B. Aircraft, automobile and truck assembly or remodeling; C. Asphalt batch and mixing plant, manufacturing or refining; D. Assembly of music and vending machines; E. Auction business; F. Beverage manufacturing; G. Boat building, repair and storage; H. Cabinet shops; I. Concrete mixing batch plants; J. Coal storage yards; K. Dwelling units for a watchman or caretaker on the premises; L. Dyeing plants; M. Gravel or sand extraction; N. Junkyards, wrecking, salvage or scrap metal operations; 0. Lumber mills and sawmills; P. Lumberyard, building material manufacture or sales; ail DAT16 Q. Machine or blacksmith shops; R. Manufacturing, servicing or repair of light consumer goods, such as appliances, batteries, furniture, and garments; S. Metal working or welding shops; T. Motor freight terminals; U. Outdoor storage; V. Paint shops; W. Public uses; X. Rock crushers; Y. Seafood processing establishments and their dormitories; Z. Sewage treatment plants; AA. Slaughterhouses; BB. Steel fabrication shops or yards; CC. Vehicle impound lots; DD. Vocational or trade schools; EE. Utility installations; and FF. Warehousing within an enclosed structure. [Ord. 92 -13 §7, 1992; Ord. 81 -40 -0 §2, 1981. Formerly §17.24.010]. 17.105.020 Conditional uses. The following uses may be permitted by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Acetylene gas manufacture or storage; B. Ammonia, bleaching powder or chlorine manufacture; C. Cement, concrete, lime and plaster manufacture; D. Chemical bulk storage and sales; E. Garbage disposal sites, dumps and sanitary landfills; and F. Petroleum or flammable liquid production, refining or storage. [Ord. 81 -40 -0 §2, 1981. Formerly §17.24:020]. 17.105.030 Lot requirements. A. Lot Area. The minimum lot area required is 20,000 square feet. B. Lot Width. The minimum lot width required is 75 feet. [Ord. _81 -40 -0 §2, 1981. Formerly §17.24.030]. 17.105.040 Yards. A. Front Yards. 1. There shall be a front yard of not less than 30 feet. 2. 'The front yard, when facing a state highway, shall be not less than 50 feet. B. Side Yards. 1. There shall be a side yard on each side of a principal building of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. C. Rear Yards. 1: There shall be a rear yard of not less than 20 feet, except that approved fire wall installations between adjoining structures provide for construction on the lot line. . D. Exemptions. Waterfront industries are exempt from the requirements of this section. [Ord. 81 -40 -0 §2, 1981. Formerly §17.24.040]. 17.105.050 Building height limit. ail ❑4a 2:1I1:1 The maximum height of a structure is unrestricted, except that no structure shall interfere with Federal Aviation Administration regulations on airport approach; and provided further, that within 50 feet of any residential district boundary, no portion of any structure shall exceed the height limitations of the residential district. [Ord. 81- 40-0 §2, 1981. Formerly §17.24.050]. 17.105.060 Performance standards. All permitted and conditional uses shall comply with the performance standards listed, where applicable, in this section. A. Noise. The noise emanating from a premises used for industrial activities shall be muffled so as to not become objectionable due to intermittent beat, frequency, or shrillness; and where a use adjoins a residential district, the noise loudness measured at the boundary line shall not exceed 90 decibels. B. Lighting. Any lighting shall not be used in a manner which produces glare on public highways and neighboring property. Arc welding, acetylene torch cutting and similar processes shall be performed so as not to be seen outside the property. C. Fire and Safety Hazards. The storage and handling of inflammable liquids, liquefied petroleum, gases and explosives shall comply with the fire prevention code and all other applicable laws and regulations. Enameling and paint spraying operations shall be permitted when incidental to the principal use and when such operations are contained within a building of two-hour fire-resistive construction. Bulk storage of inflammable liquids below ground shall be permitted if the tank is located no closer to the property line than the greater dimension (diameter, length or height) of the tank. D. Odor. Uses causing the emission of obnoxious odors of any kind and the emission of any toxic or corrosive fumes or gases are prohibited. E. Dust and Smoke. Dust and smoke created by industrial operations shall not be exhausted into the air in such a manner as to create •a nuisance. F. Open Storage. Any storage shall not be located closer than 25 feet to any street right-of-way. Any storage shall be enclosed with a fence acceptable to the commission. Whenever lumber, coal or other combustible material is stored, a roadway shall be provided, graded and maintained from the street to the rear of the property to permit free access for fire trucks at any time. G. Screening. Where an industrial use is adjacent to and within 100 feet of a residential use or zone, that industry shall provide screening as approved by the commission. [Ord. 81-40-0 §2, 1981. Formerly §17.24.060]. This page of the Kodiak Island Borough Code is current through Ordinance FY2009-13, passed December 18, 2008. Disclaimer: The Borough Clerk's Office has the official version of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Office for ordinances passed subsequent to the ordinance cited above. Borough Website: http://www.kodiakak.us/ Telephone number: (907) 486-9310 L=14A Code Publishing Company Voice: (206) 527-6831 Fax: (206) 527-8411 Email: CPC@codepublishing.com AS-BUILT SURVEY PREPARED ars HORIZON LAND SURVEYING INC. P.O. BOX 1945 KODIAK. ALASKA 99615 ( sO7 ) 4/36-4soG SURVEYORS CERTIFICATE HEREBY CERTIFY THAT I HAVE SURVEYED THE FOLLOWING DESCRIBED PROPERTY; TRACT. D-2 OF TRACT A OF THE BELLS FLATS ALASKA SUBDIVISION PER PLAT 86-20 IN THE KODIAK RECORDING DISTRICT, KODIAK ALASKA AND THAT THE IMPROVEMENTS SITUATED THEREON ARE vinti- R1 THE PROPERTY Ms AND 00 1101 OVERLAP OR ENCROACH ON THE PROPERTY LYING ANEW'''. THERETO. THAT NO IMPROVONENTS ON PROPERTY LYING ADJACENT THERETO EN- CROACH ON THE PREMISES IN O1JEST(CN AND THAT THERE ARE 110 ROADWAYS, TRANSMISSION LINES OR OTHER VISIBLE • • EASEMENTS ON SAID PROPERTY EXCEPT AS INDICATED HEREON DATED THIS DAY OF 19 • SERGEE REGISTERED LAND SURVEYOR r = 40* MAY 611h 1993 IS 40. E' 142-9 • 4%. • GI SRO1 POLE 0 > • c 3> • cr CYC 44n4 WOODEN UT1J77 EASEMENT tD cA ,D.00•19•04•• ft4NOT L.40.42 19 7-r ON C. FENCE ODEN POSTS Public Hearing Item 7 -B Introduction - Page 1 of 4 Current Location Request: A Variance from KIBC 1.105.040.0 (Rear Yards), in P & Z Case # 12 -017 accordance with KIBC 17.195.050 (Variances), to allow the Owner: Jeff Steele construction of a building encroaching fifteen feet into the required Agent: Ken Knowles twenty -foot rear yard setback. IF r it \ 11111.- ... . * Iri*' '' � ..1 v o f - 1r . ... 1 ��.fa y,., � �� . •3 ?... 4.- , 1'lir tr. .�✓ r t .t .7 • �t i j . �4 -.#:at j ;r wiy • - fir`. .: r l _ yr: ��r:�► " { sc1r. t 4 a. .t • r • f' ESA - ; ,, ,.,ti . Kodiak Island Borough GIS Legend , ' , r� s I ,___ , This map was prepared from the Kodiak Island Borough's GIS System. 3 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 1 of 4 Public Hearing Item 7 -B Introduction - Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department �;, �,.1 Nw Ct ent Zoning Request: A Variance from KIBC 17.105.040.0 (Rear Yards , li P & Z Case # 12 -017 accordance with KIBC 17.195.050 (Variances), to allow the Owner: Jeff Steele construction of a building encroaching fifteen feet into the require gent: Ken Knowles twenty -foot rear yard setback. eaa sa+ 2 US .rr �. 0 285 570 1,14) I t r t t r r 1 Feet ye he J tr p R O m o ^pry ,O, CS � *yip Of`o 0c ^ 00 � p e,., 1 a,PP n .... 1?2 ■1. 10758 ''/ g - Z ^" . O , V a \ ~`6 111 S 0 u U u k.r / op y 3 - Zoning Legend _j Public Use Lands Rural Residential 1 Multi Family Residential Light Industrial 7/A Watershed Rural Residential 2 Business Rural Neighborhood Commercial Conservation I Single Family Residential Retail Business Urban Neighborhood Commercial Rural Residential I Two Family Residential Industrial 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 3 of 4