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ISLAND LAKE BK 2 LT 21 - VarianceKODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK LIST �� Case File No. Assigned v'u-6Y7 Date Application Received &» 3/10/8/~ �� Typg of Application '''�~'�1-0\i/te:~ ' Date Site Plan Received Date Fee Paid 3 As—Amount �����-~ Name of Applicant Mailing Address Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases L /~ /�~'� Name of Legal Owner Mailing Address 'Phone / -- 37y6— Phone Legal description of Property: Lot(s) Block Subdivision /4;-7.-p-rJo L*Mu�7 Square Footage or Acreage of Property is P & Z Public Hearing Date Public Notices Mailed on 1//-7/8- uz-/'/ Rs- Applicant Notified of P & Z Action on How Many? Date Date Action Summary Approved Denied P & Z yY/7/16-- Assembly Ordinance No. Ordinance Effective Date Date Tabled Date Date 1st Reading 2nd Reading White copy: File Yellow copy: Building ` Pink copy: Applican ZONING COMPLIANCE PERMIT 1. PROPERTY OWNER /APPLICANT Kodiak Ietr■"• ° —rough Communal lopment Department 710 Mall BI 1, Room 204 Kodiak, Alaska 99615 (907)486 -5738 _Eit, 255 Zoning Compliance If: Name: Address: ,' ; / 5 ) i / 7 ,r Telephone 2. LEGAL DESCRIPTION OF PROPERTY Street Address: ..:i7;-," ' ,->ir'r/rG i/C.t'.4/ .' i �;,u. F Minimum lot width: 6.0 ' Average lot depth: //,) ' '. Average lot width: r/ Lot, block, subdivision: / :, K/ :f.Z.„ ;• a ". ..Z;/ /,,..., ,✓ (... /4 e ' •..), /,e, .e, Survey, other (e.g. township /range): 3'1-1, Additional Setbacks: Maximum prolection(s) into required yards: Tax code*: Maximum building height: 3/ ' Maximum lot coverage: r',' f r ?,. ;•. • 3. DESCRIPTION OF EXISTING PROPERTY Zoning: J: • / Square footage of lot: L (pro .' i �;,u. F Minimum lot width: 6.0 ' Average lot depth: //,) ' '. Average lot width: r/ Lot depth la width ratio: Use and size of existing buildings on theIot: j : ; n I/ ' ' 2)-2,,- , / Sides: Additional Setbacks: 4. DESCRIPTION OF PROPOSED ACTION (attach site plan) 5. ZONING REQUIREMENTS FOR NEW CONSTRUCTION Type of structure(s): r % 'v t' .' i �;,u. F Minimum Setbacks — Front: , ,) ; ' Rear: Sides: Additional Setbacks: Maximum prolection(s) into required yards: Maximum building height: 3/ ' Maximum lot coverage: r',' f r ?,. ;•. • Number and size of parking spaces required: Off - street Loading requirement: Plat related requirement(s): Other (e.g. zero lot line): 8. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM Applicable policies: Proposed action consistent with Borough Coastal Management Program — Yes No Proposed action conflicts with policies (note policy and describe conflict): Conditions attached to Consistency approval to mitigate conflicts noted above: 7. APPLICANT CERTIFICATION ' I hearby certify that 1. will,comply.with ell proldsloos of the Kodlek Island Borough Coda and that shave the authority to certify this as owner, or representative of the • sr, of the • ropery(*) Involved Sign Title 8. SUPPORT DOCUMENTS ATTACHED ISite Plan: Other: 9. BOROUGH STAFF APPROVAL Stall Approval: Signed Title Dale Building permit 11: This certificate issued pursuant to the requirements of • section 307 of the Uniform Building Code certifying that at the • time of issuance this structure vas in compliance with the various ordinances of the Borough regulating building construction or use for the following: CRAIG & THERESA BAKER 3236 Arctic Tern Occupant of Building Building address BUILDING DEPARTMENT - KODIAK ISLAND BOROUGH (APPLICANT TO FILL IN ALL INFORMATION WITHIN HEAVY LINES. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY PLEASE PRINT, USE BALL-POINT PEN, AND PRESS FIRMLY.) SUBDIVISION/SURVEY CLASS AND SCOPE OF NE ALTERATION LOT NO. BLOCK NO. i Tv ,/52„,,A STREET ADDRESS ORK ADDITION DEMOLISH REPAIR MOVE BUILDING PERMIT NUMBER DATE ISSUED e. /%1c7c 7i/e A/ NEAREST CROSS STREET Id — u 0 Z cc w r'IAM E USE OF BUILDING ir-/ /Peri clew C" SIZE OF BUILDING:76 .2cp tis5.1;,ey FLOORS a NO. OF ROOMS VALUATION: (BASIS) NO. OF FAMILIES 6.- y AILING AWDRESS BUILDINGS NOW ON LOT USE OF BUILDING SIZE OF LOT 6c. AMOUNT BLDG PERMIT F E 9,0 6 77 iv PLAN CHK FEE ti 12.0 INSPECTION SCHEDULE BUILDING PLUMBING ELECTRICAL CITY, STATE TELEPHONE £d4,%-/ Y6tZ' NAME Jd kr-N //e//we ADDRESS CITY, STATE 0 di /11 STATE LICENSE NO. WATER: PUBLIC e'5' PRIVATE SEWER: PUBLIC,j. PRIVATE SPECIFICATIONS FOUNDATION ROUGH ROUGH FRAME SEPTIC TANK FINISH PLASTER/BD SEWER FIXTURES FOUNDATION EXT PIERS FLUES GAS MOTORS TYPE DEPTH IN GND HGT FIN GRADE Co A.(ReP2.- da FINA FINISH FINAL 11 P.T. PLAT SILL EACH OF THE ABOVE INSPECTIONS MUST BE REQUESTED AND THAT WORK APPROVED PRIOR TO ANY ADDITIONAL WORK PROGRESSING BEYOND THAT POINT, AS REQUIRED BY UBC SECTION 305. FOR EACH INSPECTION, 24 HOURS NOTICE IS REQUIRED, TELEPHONE THE KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT, 486-5736, EXT, 273. STRUCTURAL SIZE SPA. SPAN GIRDERS JOISTS 1ST FLR. cc 1— z NAME eic,ve49 ADDRESS JOISTS 2ND FLR. JOISTS CLG ,•2 EXT STUDS INT STUDS CITY, STATE ROOF RAFTERS TRUSSES 4 /y, NOTES: INSTALLATION OF (MINIMUM) 18-INCH BY 20-FOOT CULVERT IS REQUIRED AT EACH DRIVEWAY ACCESS TO THE PROPERTY. SANITATION PLAN APPROVAL BY AN ADEC-CERTIFIED INSTALLER IS REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT WHERE PUBLIC WATER AND/OR SEWER IS NOT AVAILABLE FROM A CERTIFICATED MUNICIPAL SYSTEM. INSTALLER'S PLAN APPROVAL RECEIVED INSTALLER STATE LICENSE NO. (FOR OFFICE USE ONLY: CIRCLE) 1. OCCUPANCY GROUP A B E H I M DIVISION 1 2 3 c, 4 2. TYPE OF CONSTRUCTION C) I II III IV FR 1-HR. H.T. c5) BEARING WALLS x 4 1 1/ .3C INSULATION, FNDN WALLS SHEATHING, ALLS/EXT A/1 yr ROOF r, FLOOR / F NISH, EXT A S '9y 7jjj PRIOR TO THE ISSUANCE OF A PERMIT, EITHER THE OWNER OF THE PROPERTY OR HIS AUTHORIZED AGENT MUST SIGN THIS APPLICATION OR GRANT OTHER WRITTEN PERMISSION FOR THE DESCRIBED WORK TO BE PERFORMED. 4-).5o 0 ATE v-vs a— OWNERSHIP TRANSFERRED, IN PROCESS, TO ROOF 80PC24).c4-5/ FLUES, FIREPL WOOD HTR KITCHEN WATER HTR 5 FURNACE, TYPE La. I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT, AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BU .ING CONSTRUCTION. CLOSING DATE, DEED RECORDED oF PER (BY( APPROVED, BUILDING OFFICIAL a 6 BY /1244 PLOT PLAN (A SITE PLAN MAY ALSO BE REQUIRED) REAR PROPERTY LINE Ili Z 1— ccId 3. 0 3. FRONT PROPERTY LINE STREET SIDE PROPERTY LINE NOTE: APPLICANT SHALL SHOW BUILDING SETBACKS FROM PROPERTY LINES, AS PERPENDICULAR DISTANCES FROM PROPERTY LINES TO BUILDING, DIMENSIONS OF STRUCTURE SHALL BE SHOWN ON THE PLAN, ZONING CODE COMPLIANCE 1 ZONING DISTRICT TYPE OF OCCUPANCY NO. OF STORIES TOTAL HGT AREA OF LOT SETBACKS FROM PROPERTY LINES: FRONT REAR SIDE (L) SIDE (R) REQ'D OFF-STREET PARKING C.U.P. OR VARIANCE APPROVED, ZONING OFFICER BY 40' 4 2 /9 GO ZO 5100 5 TREE T 0. i o6v- ia`o�w PKb dt 5 ?0r 1p /8'37 C 44 t" Z J ,2 Z 5 /8'377'/ ti ....-,.■"%lhAN x • *iJ oi sO • F u••• s, NO. 1638 -5 • 5 I hereby certify that I have surveyed the following described property: z 71 2/ ,B/,ck 2 /549med Lae ,_Tcthdrk,!sia1J and that the Improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto. that no Improvements on property lying adjacent thereto encroach on the premises In question and that there are no roadways. transmis- sion lines or other visible easements on said property except as Indi- cated - hereon. H d Dated this `~ day of�+ , f/' ROY A. iCKLUND Registered Land Surveyor 12 Mr. Larry Keegan P.O. Box 1956 Kodiak, AK 99615 Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486.5736 April 18, 1985 Re: CASE 85-017. Request for a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. Dear Mr. Keegan: _ .The Planning and_ZoningCommissian at their April 17, 1985 meeting,apprad-I your request for a variance with the following conditions:/ 1. The main residence be constructed by May 1, 1987; 2. The building permit for construction of the residence be obtained when the trailer is removed; and 3. A certificate of occupancy not be issued until the temporary residence is removed or altered. This action becomes final ten (10) days after the date of the Commission's decision to permit any aggrieved party the opportunity to appeal this decision. The approval of a variance is valid for a period of 12 months, but expires should you fail to exercise it within this timeframe. • Please bring this letter with you when applying for a building permit. Should you have any questions, please call. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Bud Cassidy Assistant Planner/Zoning Officer pb cc: Case 85-017 Lorna-Lee Arndt COMMISSIONER JAMES MOVED TO k7 -7IVE RESOLUTION 85 -03 -R of the Kodiak Island Borough Plannix ,id Zoning Commission. The motion was seconded and CARRIED by unaxiimous roll call vote. COMMISSIONER GREGG recessed the meeting at 8:55 p.m. and reopened the meeting at 9:05 p.m. F) CASE 85 -016. Request for review by the Planning and Zoning Commission under Section 17.33.020 (Permitted Uses) of the Borough Code and as required by the lease, of a development plan for a public and youth group campground. Located on Borough land leased by the B.P.O.E. Lodge #1772. Tract 8, Miller Point Alaska Subdivision. (Kodiak Elks Lodge 1772) LINDA FREED indicated there was no additional information from staff. COMMISSIONER ANDERSON stated concerns of the public that this would be for public camping. LINDA FREED referred to a copy of the lease included in the packet, page 1: "The lease premises shall be used by the Elks for wilderness type camping by scouting and related youth group activities and be made available to the public with its use scheduled by the Elks." The lease, therefore, limits the types of activities with that statement. A discussion ensued amongst the Co®issionere and staff. Regular Session Closed. Public Hearing Opened: SID PRUIT appeared before the Commission and expressed his concerns with this request. SCOTT ARNDT appeared before the Commission and expressed his support of -this request. JOHN VINCENT, representative of the ELKS, appeared before the Commission, explained the request in detail, and expressed the ELKS support of this request. SID PRUIT reappeared before the Commission and expressed concern with this request. SCOTT ARNDT reappeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO RECOMMEND APPROVAL of a development plan for submitted by the Kodiak B.P.O.E. Lodge #1772 a youth camping area. Tract 8, Miller Point Alaska Subdivision and a portion of Lot 3, USS 3462. The motion was seconded and CARRIED by unanimous roll call vote. G) CASE 85 -017.. Request for a variance from Section 17:18:050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single - family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. (Larry Keegan) LINDA FREED, indicated. one additional public hearing notice was returned, voicing support of the request. Regular Session Closed. Public Hearing Opened: LARRY KEEGAN appeared before the Commission, explained his request, and requested approval of this request. LORNA LEE ARNDT appeared before the Commission and expressed her concerns with this request. P & Z Regular Meeting -4- April 17, 1985 MICHAEL W. ANDERSON indicated --,,the Commission that this case has been withdrawn. D) CASE 85-013. Request foi an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary structure to 'aid in the screening of top soil in an R-2--Two-fathily Residential District. Tract C-1, USS 1682, 3472 Rezanof Drive East. (Michael W. Anderson) COMMISSIONER MICHAEL W. ANDERSON asked to be excused because of a conflict of interest. CHAIRMAN GREGG excused Commissioner Anderson. LINDA FREED indicated that one additional public hearing notice was returned, voicing objection to the request. Regular Session Closed.' Public Hearing Opened: TUCK BONNEY appeared before the Commission and expressed his concerns with this request. SCOTT ARNDT appeared before the Commission and expressed his support of this request. JAN LOVETT appeared before the Commission and expressed her concerns with this request. MICHAEL W.'ANDERSON appeared before the Commission, explained his request in detail, and requested approval of this request. JULIE A. BONNEY appeared before the Commission and expressed her concerns with this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HILL MOVED TO GRANT AN EXCEPTION from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary structure to aid in the screening of top soil in an R-2--Two-family Residential District. Tract C-1, USS 1682, 3472 Rezanof Drive East with the conditions set forth in the Staff memo of April 8, 1985. The motion was seconded. COMMISSIONER PATTERSON MOVED TO AMEND THE CONDITIONS AS FOLLOWS: 1. Hours of operation be limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday. 2. Holidays be observed. 3. The operating plan be reviewed by the Commission to guarantee compliance of the conditions of approval on or before August, 1985, and each August thereafter. 4. The operation be limited to a three-year timeframe. 5. Access to the operation be limited to Rezanof Drive. The amendment was seconded and CARRIED by unanimous voice vote. The question was called and CARRIED by unanimous roil call vote. E) CASE 85-015. Request for review by the Planning and Zoning .Commission under Section 18.20.030 of the Borough Code to review the disposal .of Borough land located in an unsurveyed portion of Section 12, Township 32 South, Range 22 West, Seward Meridian; Eagle Harbor, Ugak Bay. (Kodiak Island Borough) LINDA FREED indicated staff had no additional comments. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: P & Z Regular Meeting -3- April 17, 1985 A discussion ensued amongst~:ommissioners and Ma. Arndt. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.18.050(C)(Rear Yards) of-the Borough Code to permit the temporary conversion (two years) of an accessory building to a single - family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main resi- dence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern, with the following conditions: 1. The main residence be constructed within two years. 2. A building permit for construction of the residence be obtained when the trailer is removed. 3. A certificate of occupancy not be issued until the temporary building is removed or altered. The_motion_was seconded. - COMMISSIONER PATTERSON MOVED TO AMEND, the conditions as follows: , 1. The main residence be constructed by May 1, 1987. The amendment was seconded and CARRIED by unanimous voice vote. , The question was called and CARRIED by unanimous roll call vote. H) CASE 85 -018. Request for a variance from Section 17.13.040(A)(Area Requirements) of the Borough Code to permit the lease of two acres of state owned land for a set net fish site and associated structures in the C-- Conservation District. Located in a portion of Section 16, Township 26 South, Range 24 West, Seward Meridian. (Bruce D. Beehler) LINDA FREED indicated a letter from Senator Fred Zharoff stating his concern that the State regulations and the Borough regulations dealing with land management on State land are not consistent at this time. Regular Session Closed. Public Hearing Opened: BRUCE BEEHLER appeared before the Commission, explained his request, and requested approval of this variance. A discussion ensued amongst Commissioner Gregg and Mr. Beehler. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.13.040(A)(Area Requirements) of the Borough Code to permit the lease of two acres of state owned land for a set net fish site and associated structures in the C -- Conservation District. Located in a portion of Section 16, Township 26 South, Range 24 West, Seward Meridian. The motion was seconded and CARRIED by unanimous roll call vote. I) CASE 85 -019. Request for a variance from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R- 3-- Multi- Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. (Eugene G. Mueller) LINDA FREED indicated an additional public hearing notice returned, voicing objection to the request; a copy of two building permits issued by the building inspector. Regular Session Closed. Public Hearing Opened: GENE MUELLER appeared before the Commission, explained his request in detail, and requested approval of the request. P & Z Regular Meeting -5- April 17, 1985 A discussion ensued amongst tl, ommissioners, Mr. Mueller, and- Community Department staff. ` -_) Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R- 3-- Multi - Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. The motion was seconded and FAILED by majority roll call vote. Commissioners Gregg and Anderson cast the dissenting votes. The Commissioners decided to address the issue of Findings of Fact for this decision after XII COMMISSIONERS COMMENTS on the agenda. J) CASE 85 -020. Request for a variance from Section 17.57.040(B) and 17.57.040(E) (Parking Area and Development Standards) of the Borough Code to exempt the Port Lions Clinic from the paving requirements for public parking lots and from the thirty -two foot wide maximum curb cut requirement. Lot 4, Block 3, Port Lions Alaska Subdivision. (City of Port Lions) LINDA FREED indicated there was no additional information for this case. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: COMMISSION JAMES MOVED TO GRANT A VARIANCE from Section 17.57.040(B) and 17.57.040(E) (Parking Area and Development Standards) of the Borough Code to exempt the Port Lions Clinic from the paving requirements for public parking lots and from the thirty -two foot wide maximum curb cut requirement. Lot 4, Block 3, Port Lions Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. K) CASE 82 -118. An appeal from an administrative decision (17.68.020) requiring that an addition (without a building permit) to a main building that encroaches 5 feet 10 inches into the required 6.0 foot sideyard setback be brought into compliance with the Borough Code. Lot 3, Block 3, Aleutian Homes Subdivision, 512 Maple Street. (Norma Peregrino) COMMISSIONER JAMES indicated Ms. Peregrino requested him to inform the Commission that she has decided to withdraw her appeal. L) CASE S -85 -009. Preliminary Subdivision of Old Shipyard, Woman's Bay to Parcel A and Parcel B, Lash Terminal. (The Lash Corporation) DAVE CROWE indicated 4 public hearing notices were mailed and no notices were returned. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: P & Z Regular Meeting -6- April 17, 1985 1_ KODIAK ISLAND BOROUGH unity Development Department 710 Mill Bay Road Kodiak, Alaska 99615" ITEM, VI-G PUBLIC HEARING NOTICE NOTICE DATE: April 1, 1985 CASE NUMBER: 85-017 variance An application for a was filed with the Kodiak Island Borough Community Development Department by: Larry Keegan The application requests: a variance from Section 17.18,050(C) (Rear Yards) of the Borough Code to permit the ';temporary conversion (two years) of an accessory building to a single,family residence.that encroaches approximately 13feetint-thereq1Jir& 25_ footjr.a4r yArd-setback,while-a-main_residence.:7- is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. The Planning and Zoning Commission will hold a PUBLIC HEARING on this,request at their regular meeting at 7:30 p.m. on Wednesday, , April 17, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road,,Kodiak,.Alaska.. The Commission will also review all Items on their agenda for the regular meeting. on the preceding Wednesday at 7:30 p.m. -in the Borough, Conference Room. This meeting is open to the public. You are being notified .because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and.Wish to,comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this form. If you have any questions on this matter, please feel free to call our office, the Community Development Department, at 486-5736. YOUR NAME: fl2 J%gie Slc/66/Lie r ADDRESS: 3045 igka-C. Teikik) YOUR PROPERTY DESCRIPTION: 4 07-,5 ,t_l*A46 J4 442,s;,p, COMMENTS: 7- X-5 Ali 60,21e6/5,7,9/1/4/6- 4ite6(9it) 727 77 1/44_ 4.4e7L,, cry 791e_ ARE),=37--r...7"-.41 2226012 7D A4r16 ,tie ld Mai ke5r.o6Afec, 7Ax-5 7t /1/11-3-491 koam,I9Ati -4Y? 72 z4Z5P Ti. /9i2& r See.- fkeitzizr16 tv.w6- IA) -/ flFc <9, 4/11? 10 New As 5et&-ncii--€16, Kodiak Island Borough MEMORANDUM DATE: April 8, 1985 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Information for the April 17, 1985 Regular Meeting ITEM VI G RE: CASE 85-017. Request for a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. (Larry Keegan) Thirty-two public hearing notices were mailed on April 1, 1985. 1. Applicant: Larry Keegan, P.O. Box 1956, Kodiak, AK 99615. 2. Land Owner: Same as above. 3. Request: A variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. 4. Purpose: To live in a converted accessory building for a maximum of two years while a residence is being constructed on the same lot. 5. Existing Zoning: R1--Single-family Residential. 6. Zoning History: The 1968 Comprehensive Plan identifies the zoning of this lot as "Residential-Unclassified." In 1980 Ordinance 80-9-0 rezoned all unclassified lands to Rural Residential (RR). Ordinance 83-15-0 rezoned this lot from RR--Rural Residential to RR1--Rural Residential One. Ordinance 83-69-0 rezoned this lot from RR1 to R1--One-family Residential as part of a larger rezoning that took place in the Island Lake area resulting from the installation of water and sewer. 7. Location: 3230 Arctic Tern. 8. Lot Size: 6,600 square feet. 9. Existing Land Use: Single-family residence (mobile home). Case 85-017 -1- April 8, 1985 10. Surrounding Land Use and Zoning: North: Lot 22, Block 2, Island Lake Subdivision. Zoning: RI; Use: Rl. South: Lot 20, Block 2, Island Lake Subdivision. Zoning: R1; Use: Rl. East: Lot 4, Block 2, Island Lake Subdivision. Zoning: R1; Use: Vacant. West: Arctic Tern. 11. Comprehensive Plan: The Comprehensive Plan designates this lot as "medium-density residential." 12. Applicable Regulations: Chapter 17.18 (R1--Single-family Residential), Section 17.18.050(C) (Rear Yards), states: "The minimum rear yard required is twenty-five percent of the lot's depth but need not exceed twenty-five feet. COMMENTS: The applicant is requesting to live in an accessory building that will be converted to a residence while he is building the main structure. The appli- cant is a fisherman who is hoping to construct the home in a two-year period. The accessory building requires some modification before it meets the standards of the Uniform Building Code to be considered a residence. Plumbing and sewer are the primary concerns. The applicant has met with the building official concerning this matter. Because this temporary residence will encroach 13 feet into the required twenty-five foot rear yard setback, a variance is requested. Currently the applicant resides in a 1963 trailer that straddles the lot line between Lot 21 and Lot 22. By removing this trailer, both the encroachment and a substandard structure will be eliminated. A similar request (Case 84-084) was granted by the Commission in the Shahafka Acres Subdivision that allows a trailer to encroach into the side and rear yard setbacks for a maximum of two years while a main dwelling is being constructed (Helen Hall). The Commission also granted relief from an administrative decision not to issue a building permit for construction of a new residence while dwelling currently existed on a lot (Case 84-116, Wilton White). It is also a practice of the Borough administration to allow such a request if the temporary dwelling meets the appropriate setbacks. In all cases, a certificate of occupancy for the new dwelling is not issued until the main dwelling is removed or altered so as not to be habitable. In order for the Commission to grant a variance, all of the following conditions must be satisfied: Case 85-017 -2- April 8, 1985 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. Currently there exists a "grandfathered" trailer on the property that fails to meet the required setbacks and in fact encroaches onto the adjacent neighbor's lot. The granting of this variance would allow removal of this encroachment in a neighborhood where many similar incidents occur. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning code would require the applicant to reside elsewhere or have another party construct the house. The accessory building was originally constructed to serve as a residence while a main dwelling was constructed by the previous owner. Conversion of this structure into a residence that meets the requirements of the Uniform Building Code will be minimal. 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. The granting of a 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 welfare. The granting of a variance would alleviate prejudice to adjacent properties by eliminating the straddling of the adjacent lot owner's property line. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 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. The applicant has not caused conditions or financial hardship or inconvenience from which relief is being sought by a variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting a variance will not permit a prohibited land use in this residential district. RECOMMENDATION: Staff believes that for this case all conditions to grant a variance have been met and recommends approval with the following conditions: 1. The main residence be constructed within two years. Case 85 -017 -3- April 8, 1985 2. A building permit for construction of the residence be obtained when the trailer is removed. 3. A certificate of occupancy not be issued until the temporary building is removed or altered. APPROPRIATE MOTION: Should the Commission agree with the staff's recommendation, the appropriate motion for this case is specified below: "Move to grant a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construc- tion. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern, with the following conditions: 1. The main residence be constructed within two years. 2. A building permit for construction of the residence be obtained when the trailer is removed. 3. A certificate of occupancy not be issued until the temporary building is removed or altered." Case 85-017 -4- April 8, 1985 4•• . . • 4/ • • • • • ••• • Er.:i.-fA . "41" *Mr." • e• • .•.„,...11y. • 0.! • •• .•....,./........N, .0. / / ..• s... V,`, /". ,,, ....ogr \ 1::.....\ ■ ......k. . or,, \ .. ...... .,,„ ...:07•\ -- 1'''' / 411,,--xl ,,,11 ..... ,,‘ / / .: ...... \ / 'Z.\ /..-1-.10./ .--\ /7 . • 11-::: . 1 / '. , / ,■-'-‘ / '' , ■...,--`'‘ '1‘.\- ‘"?`\/,‘,-"/ •-•v* —\./..-\/;—\:,..'—`, ...,,,,,._•\.-..\....„,.... •::. -' / /..s. / i '''' / ''' / s,/...—\ /-•— N-- - .... , ....• \ \ /.. N./ . ‘ / ... , 1...• /. ..-- --7 NA .7/\ -•%°. . ,;(1.: . : : .. / e,;i:: ii.,://,v•/:::::.. •:: , ..c::,:,. : :2A" - • • ••• •••• \ --A y...r.:.T/ r / IA:r• ••":" • • 0 4 0 411 0 0 'W. • • • . • • • ••••• • • AO 4. 40:10 4 . 0 .. 0 4 0. 0 • • • • " • y • • • 40. II. • • • • • 04 • • • .... • • • : : • • . . . „ • .4.. • • le • „ • • • • 4/ • • • • • • • • • .0 .• • 0 • • • • , • • • • • • V a g• • • 41 :4244 • V , • • • • 4q 4 • 0 0 0 0 0 0 0 4** 4 .4 • • • • • • • • • Mr. Larry Keegan Box 1956 Kodiak, AK 99615 Dear Mr. Keegan: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615 -1246 PHONE (907) 486.5736 April 2, 1985 Re: CASE 85 -017. Request for a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single - family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. Please be advised that your application for a variance has been scheduled for review and action by the Planning and Zoning. Commission at their April 17, 1985 Regular Meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. One week prior to the Regular Meeting, Wednesday, April 10, 1985, at 7:30 p.m. in the Borough Conference Room, the Commission will hold a worksession to review the packet material for the regular meeting. You are cordially invited to attend this worksession in order to respond to any questions the Commission may have regarding your request. The Community Development Department will be happy to provide you with any additional information. Sincerely, Patricia Miley Planning Secretary Community Development Department cc: Case File pb L Kodiak Island Borough ' P.O. BOX 1246 KODIAK, ALASKA 996(154246 c C E 1 'V' • 1 PET SON P.O., 13U KODIAK 0 D • — S PuSiAGEH: • APR-1'95 2 2 6i- F. .928■33 .ETER I a, I a .ax R7425030070 KODIAK ISLAND BOROUGH c-1-71unity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -G PUBLIC HEARING NOTICE NOTICE DATE: April 1, 1985 CASE NUMBER: 85,017 - An application for a variance was filed with the Kodiak Island Borough Community Development Department by: Larry Keegan The application requests: a variance from Section 17.18.050(C)(Rear Yards) of the Borough. Code to permit the 'Aamporary conversion (two years) of an accessory building to a single-rfamily residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting at 7:30 p.m. on Wednesday, April 17, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items on their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. in the Borough,Conference Room. This meeting is open to the public. You are being notifiedAlecause you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and Wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this forth. If you have any questions on this matter, please feel free to call our office, the Community Development Department, at 486-5736. 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BOX 3093 KODIAK AK 99615 R7425020030 CASTLE CAPE ENT INC P.O. BOX 1340 KODIAK AK 99615 dHITE,W1LTON T P.O. BOX 254 KODIAK LUND,JOHN P.O. BOX 2872 KODIAK LUNDIJOHN P.O. BOX 2872 KODIAK R7425020040 AK 99615 R7425020050 AK 99615 R7425020060 AK 99615 R7425020070 ARNDT,SCOTT G BETH P.O. BOX 489 KODIAK AK 99615 R7425020090 ARNDT,SCOTT C BETH P.O. BOX 489 KODIAK AK 99615 R7425020160 ARNOT,SCOTT E BETH P.O. BOX 489 KODIAK AK 99615 R7425020170 ARNOT,SCOTT E'BETH P.O. BOX 489 KODIAK AK 99615 R7425020180 ARNDT,SCOTT E BETH P.O. BOX 489 KODIAK AK 99615 R7425030060 O'BRIENIJIM P & JUNE P P.O. BOX 2842 KODIAK AK 99615 R7425030070 PETERSON,L DANIEL P.O. BOX 2187 • KODIAK AK 99615 R7425030080 PETERSDN,L DANIEL P.O. BOX 2187' KODIAK AK 99615 R7535100100 HANSEN,LARS & KRISTIE.. P.O. BOX 2253 KODIAK AK 99615 R7535016070' ANDREW,ORLO T & JOY D P.O. BOX 2982 KODIAK AK 99615 R7535010061 LANDERS,JAMES C JORIE P.O. 30X 3225 KODIAK AK 99615 R7535010021 ARNOTOONALD E LORNA LEE P.O. BOX 2069 KODIAK AK 99615 R7535010031 BROWN,HAROLD E MARILYN C/O FRANK PASTOR P.O. aox 2873 KODIAK AK 99615 WISNER,HUGH P.O. BOX 2733 KODIAK R7535010032 AK 99615 R7535010040 FRIENU,JERRAL C WENDY L P.O. BOX 415 KODIAK AK 99615 ,7425010010 SELVOG,SAMUEL C/0 VERRALL,SHEILA 1499 EAGLE OR BURLINGTON WA 98233 R7425010020 SELVOG,SAMUEL C/O VERRALL,SHEILA 1499 EAGLE DR BURLINGTON WA 98233 R7425010030 SELVOG,SAMUEL C AGNES C/Q VERRALL,SHEILA 1499 EAGLE DR BURLINGTON WA 98233 R7425010040 GRAVES,JONN C JOYCE P.O. BOX 4476 KODIAK AK 9)615 R7425010050 SWEENEY,T M TRACHSEL,E P.O. BOX 1198 KODIAK AK 99615 SWEENEY,EVONNE C P.O. BOX 1198 KODIAK ARNOTTDONAL0 P.O. BOX 1066 KODIAK ARNOTOUNALD P.O. BOX 1066 KODIAK R7425020190 FRELSyRUNALD C BARBARA P.O. BOX 3353 KODIAK AK 99615 R742502020D FRELS.RONALD 8 BARBARA P.O. 80A 3353 KODIAK AK 99615 R7425020210 KEEGAN,LAARENCE P P.O. BOX 1956 KODIAK AK 99615 R7425020220 VAN FLEET,EDWIN 8 JUDITH P.U. BOX 1848 KODIAK AK 99615 ARNOT,KEVIN P.O. BOX 2338 KODIAK R7425020230' AK 99615 R7425010060 R7425020240 WILLIAMSOILLY 0 P.O. BOX 2736 KODIAK AK 99615 AK 99615 R7425010070 AK 99615 R7425010080 AK 99615 R7425010090 WOODWORTH,H J 6 MONA RAE , SR 5079 A WASILLA AK 99687 SAGER, JOHN P.O. BOX 2246 KODIAK R7425020010 AK 99615 R74750201120 R7425030010 LIMMERFARTHUR C ARLENE P.D. BOX 1582 KOUIAK AK 99615 R742503002O BALI-1,7081N SHANNON P.O. BOX 2789 KODIAK AK 99615 LAMONT,LYLE K P.U. BOX 439 KODIAK R7425030030 AK 99615 R7425030040 MOOgGRE0 P.O. BOX 1491 SEWARD AK 99664 R7425030050 CHRISTIANSEN,HAROLD 6 C GENERAL DELIVERY KODIAK AK 99615 .. • kuoiAK ISLAD BOROUCH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 4 ( ) Conditional Use Permit ) Exception (4-Variance ) Zoning Change: From: To: CODE SECTION INVOLVED: NOTE: The application fee for all items covered by this form is Conditional Use Permits, Exceptions, and Variance Applications al equire the submission of .a site plan. APPLICANT: PROPERTY: ame /45>e' /6/s4572 Addres City, tate, Zip Lot Block ---*‹:-S'*-7 Home Telephone Work Telephone Subdivision Name United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: I have been advised of the procedur.2s ir..:olved with this request and have received a copy of the appropriate r2s.ulatichs. ?uthcrized Ant Date Applicztion Aczeptea: Oat. Prcperty Owner BY: Date CASH RECEIPT Kodiak Island Borough 700 UPPER MILL BAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 PHONE (907) 486-5736 RECEIVED . FROM • OtIT - 000 - 101 - 10 - 00 010 - 000 105 - 01 - 00 010 - 000 - 105 - 06 - 00 040 - 000 - 371 - 11 00 040 - 000 - 371 - 12 - 00 010 - 000 - 322 - 11 - 00 010 - 000 - 322 - 17 - 00 010 - 000 - 341 - 50 - 00 010 - 000 - 341 - 51 - 00 010 - 000 - I 1 I -61 -00 17117:mkt.ofealam7 %Boar CASH PROPERTY TAX REAL DATE 6085 99-3_ PROPERTY TAX, PERSONAL LAND SALE, PRINCIPAL LAND SALE, INTEREST BUILDING PERMITS ZONING PERMITS SALE OF MAPS SALE OF COPIES PROPERTY TAX, LIENS PER ATTACHED CO CONDITIONS OF CHECK PAYMENTS PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. TOTAL Pi' So co 5-0 100 CASHIER C)s PAYOR PAYMENT MADE BY fl CHECK NO GASH OTHER EM08-51)815