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ISLAND LAKE BK 1 LT 12B - VarianceCASE FILE CHECK LIST Case File No. Assigned 83-117 Date Application Received g-n- 83 Type of Application 2:4 Date Site Plan Received g-p7-S3 Date Fee Paid Amount Receipt Number Person Accepting Appl. Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Name of Applicant LoRda- l-ee 41vd-1--- Mailing Address Po)( cAe3.69 Phone 4/86-61-7/36 Name of Legal Owner agaidaAArd-/- ad- /1, IM i)( )0A Izi-- /5) Mailing Address RO r. fic)X ,:o69 Phone 1-/SY0 — 6 1./$6 Legal description of Property: Lot(s) /1) /cAB Block / Subdivision ,TSAAjd La.& 5cad• Square Footage or Acreage of Property is Loi- // //I Ali4 P & Z Public Hearing Date Public Notices Mailed on- Applicant Notified of P & Z Action on .1421- La /5 671_6 96 /1 H9w Many? /0 Y s/f2 Date Action Summary A roved P & Z Assembly Ordinance No. Date Date Denied Tabled Date Date 1st Reading 2nd Reading Ordinance Effective Date KODIAK ISLAND BOROUGH RESOLUTION NO. 84-3-R A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY, SEATED AS A BOARD OF ADJUSTMENT, AFFIRMING A DECISION OF THE PLANNING AND ZONING COMMISSION TO GRANT A VARIANCE FROM SECTION 17.54.010 REGARDING HEIGHT OF FENCES - LORNA ,LEE ARNDT. WHEREAS, Lorna Lee Arndt has requested a variance from Section :117.54-.010 - Heights of fence-and walls - on lots 1.1 and 12b, Block 1, Island L!Lake Subdivision, U. S. Survey 3219, and WHEREAS, the Planning and Zoning Commission considered the variance at its September 21, 1983 regular meeting and approved the request subject to the fence heighth being limited to 6 feet within 40 feet approaching Island 1! Lake and subject to the fence being permanently maintained in an upright condition, and • !I WHEREAS, Mrs. Arndt did on September 27, 1983 appeal the decision of the Planningsand Zoning Commission requiring that the last 40 feet of the 'Cfence before the lake only be 6 feet high, and WHEREAS, The Kodiak. Island Borough Assembly, seated as a Board of "Adjustment at its January 5, 1984 regular meeting-conducted an advertised and 'noticed public hearing on the appeal request. ! - NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that it :affirms the Planning and Zoning Commission's September 21, 1983 approval of • j 1 the variance with the two conditions for the following reasons: 1. The condition was imposed to allow the neighbor visual access to Island Lake; 2. There is no reason to deny or reverse the Planning and Zoning Commission; 3. The fence with the conditions meets all reasonable standards. PASSED AND APPROVED this 5th day of January ATTEST: By Bo o gh KODIAK ISLAND BOROUGH , 1984. KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: November 28, 1983 TO: Mickie Miller, Borough Clerk FROM: Linda Freed, Director, Community Development DepartmenA- SUBJ: .Appeal of Case 83 -117, a request for a variance from 17.54.010, Height of Fences and Walls, on Lots 11 & 12B, Block 1, Island Lake Subdivision, U.S. Survey 3219, sub- mitted by Lorna -Lee Arndt. Per your memo of September 29, 1983, and Section 17.68.O10B of the Borough Code, the Community Development Department has pre- pared the enclosed "report" concerning the referrenced appeal. Borough code Section 17.68.010 B states that the "report" shall state the decision and recommendation of the Commission together with the reasons for each decision and recommendation." The decision of the Commission in this case was to grant the request for a variance from the height limit for a fence and to allow an eight -foot fence with the following restrictions: 1. That in the last forty (40) feet before the lake that the fence only be six (6) feet high; and 2. That the fence be maintained by Mrs. Arndt and /or property owner after it has been constructed and positioned on the property. The Commission based their decision on the information provided by the record and testimony at the public hearing. If I can provide any additional information regarding this case, please feel free to contact me. Vc: Case 83 -117. Lots 11 & 12B, Block 1, Island Lake Subd. jig Enclosure -F KODIAK ISLAN 0 •UGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 October 21, 1983 Lorna-Lee Arndt Box 2069 Kodiak, Alaska 99615 Dear Lorna: Please be advised that your appeal will not be heard on November 8, 1983 as previously discussed. We will forward your request to change the order for the public hearing on the ordi- nance on a zoning change for the Island Lake area, to the Assembly. Your appeal will now be set for the December 1, 1983 regu- lar meeting. The reason for the change, is that we have not re-' ceived the appeal record from the Community Development Depart- ment and therefore, cannot sent out the Publio Hearing Appeal •notices. We hope that this change will not be too great of an incon- venience to you. If you have any questions, please feel free to contact us. Sincerely, Mickie Miller, CMC Borough Clerk mm cc: Com. Dev. Dept. Manager KODIAK ISLAND BOROUGH MEMO TO: Director, Community Development FROM: Borough Cler SUBJECT: Appeal on Variance Decision (Lorna Arndt) DATE: September 29, 1983 Attached, please find a copy of the appeal submitted by Lorna Arndt concerning a decision of the Planning and Zoning Commission on a variance for a fence. This appeal was received September 28, 1983. Please prepare the report as per Borough Code 17.66.190 and return to this office for processing. We will set the appeal !iearing for the Wovember 8, 1983 regular meeting of the Borough Assembly. Thank you for your cooperation in this matter. LAJCI-ak 9=' CALA-4-' 0-1 0-Q45, 11_0. .;44 ce-AzAdIg., cc: Borough Manager _EPT..27, 1983. BOX 2069 KODIAK, AK. 99615 KODIAK ISLAND BOROU 4 C /0 SHIRLEY (M I CK'f E) ;MJ LLER BOX 124.6. -KODIAK, A K . 99615 DEAR *MRS. MI LEER 1 'AM APPEALING THE DEC I'S:iON OF THE PLANNING AND ZONfi 6 COMM I SS 1 ONS OKAYING #2 " -OF 14EAL COOPERS ANSWER ON PUBLIC. NEARING NOT-CE (3F MY:REQUESi FOR -A VARIANCE FROM "SECT1ON 170540010 — °'HI =1GHTS :OF "FENCES.."A.ND'1►A 'LS ON'MY- .LOTS 11 1:2B, BLOCK 1, ISLAND LAKE._;SUBDIVIS'Iaf1, U.S. SURVEY 3219;. WHERE NEAL. COOPER ASKED THAT THE_. LAST. 4.0 FEET BEFORE THE LAKE ONLY A 61 FOOT HIGH FENCE BE CONSTRUCTED. THIS WILL REALLY MAKE MY,,FENCE A ..LOtJSY LOOKING ONE AND NOT A 'NEAT ONE LIKE 1 PLAN TO BUILD, FURTHERMORE THIS IS THE AREA WHERE MR. NEAL HAS ALL JUNK JEEPS-STORED AND .SOME OF THE DOG$- I SAID ABOUT IN MY ORIGINAL REQUEST.. SIX OF THE -P. &Z. MEMBERS VOTED FOR THE 64 FOOT ` AND _ONE MEMBER WAS AGAINST THAT .RESTR I CT I'ON _ AS IT IS MY MONEY GOING INTO THE FENCE AND TWO DIFFERENT HEIGHTS WOULD RUIN THE LOOKS OF ICY.., PROPERTY,' ANOTHER CONCERN WAS-, #3'. WHERE. MR. COOPER .;SAID I •MUST MAINTAIN MY FENCE AS THE LAST FENCE BECAME:DELAP (DATED; BUT THAT WAS BECAUSE MR. COOPER CUT MY FENCE A•ND MAt. E A RABBIT PEN OUT OF IT. THE P.& Z. SAID I MUST MAINTAIN I T BUT'' D ID NOT SAY THAT MR.• COOPER ALLOW ME TO STEP .QN. HIS PROPERTY TO KEEP I T MAINTAINED. FI;JRTHERMORETHERE I.S �•NO'OHDfNANCE ON THIS.DEAL-OF MAINTAINING A FENCE. I -NEED -THE' BOROUGH ASSEMBLY TO STIPULATE .THAT MR. COOPER WOULD ALLOW ARE TO GO.. ON -HIS PROPERTY .TO MA I NTA 1 N: THAT SIDE OF THE FENCE. OF:..COURSE I WANT TO KEEP MY FENCE LOOKING NICE, BUT NEED SOMETHING1N WRITING BY THE ASSEMBLY TO MR. COOPER TO . ALLOW ME..TO:.DO: .1'T... I ALSO .NEED :I T 1 N WRITING TO HIM THAT HE KEEPS HIS DOGS OFF OF IT AND NOT URINATING ON MY FENCE L I KE ' I N THE . PAS Te . . 1 'DO HAVE THE VARIANCE ..BUT WANT THE _.6 FOOT HEIGHT, 40.':FEET. FROM-THE LAKE 'TAKEN OUT AND THE OTHER THINGS PUT iN THAT ..I ASKED` FOR ABOVE :. I THANK:.YOU 'FOR YOUR 'CONSIDERATION. I N `THIS . MATTER. Kodiak Island norm!! • • Kodiak, Alaska RECEIVED SEP28.1983. SINCERELY, LORNA -LEE ARNDT no 2.5 SO3/ ✓ ` lEP 1883 . • t Co Qv ECEIVED 81,50'1, P 483 53-1 239 11E0E16 FoR CERTIFIEDIt*It. NO INSURANCE COVERAGEPROVIDED—' NOT FplVINTERNATIONAL MAIL (See Rei)erse), • Sent to OR41. S Mc.c'9 d,zirkpd Postage Certified Fee „ - Speciel Delisiery Fee 1 tr, Restricted Delivery :Fee ' f'Rotum RcoipfShOW[ng to whom and Diiiiviired • • Return i_Receigt S howingto. who m; 1)4 and Addreg's of'Dehv&y TOT? AL Postage and lees • SENDER: t on1 IMiems 1; 2.4..and4 .:,:. .-._..`-, Add yonttddress Its the "RETURN-T0'--- .•r.: . ,, ..,.,._ .... space on worse... ..(CONSULT, POSTMASTER FOR .FEES).-' 1. th toitowlneseryine Wrequested „(checic one). : ::, ' --•41.-'- /.% :, Shaw to wham and date delivered '.-'.:.. .... , ...; ' IOLA r.j:itow- to Wham::date, an' d addressdidethieri',, -': , .'. t - __:,.._,.....'' -El 'RESfRICTED_DELtitifir- • : • ,'' • ' ' ' " , :* ''...L...-...:-.- . •; , ' ine,restricted denvery'reejs charger/ hi' addition (17 the return intypt fee.) - ,' ' ' r . '• '', ..', , * .' !•:;*-6 ' - * :' ',','' •- - - '''. '''' .' • ' : ' ..:. TOtAt - $.:---. .. . . . , 3: ARTICLE .ADDRESSED .ADDRESSED TO:„- .- , X .2 — - .4 I - ' .....,, 4: ,TYPE OFIERytCE", ,;' . , - iNSLIRED 0 GERTIF lid, . - :; Q COD f•-• - - -', nOtpitEssiiiii, to-',' '-' • , -• • ,..• a — '-'.' ARTIGLE NUMBER • . (Always obtain signature of addressee or agent) i heveMaehmni the article itaacribed above. - ' -, ; 1'...' SIGN TORE DAddressee utharized agent ....,_••...-..,-. „.. - 'DATE OF. 'OELRIEFtY 7 r- EP:- 4 'a 1983 . '' , ' 3T (r"'!"?'?1' ' ) 6.. ADDRESSEE'S ADDRESS (0 ,:11ifq tfascawat* ;7:.'UNABLEfp.bELIVER BECAUSE: - -. - - ,... 2/LOY 1 -;-. • KODIAK ISLAND BOROUGH CERTIFIED RETURN RECEIPT REQUESTED September 23, 1983 Mrs.. Lorna Lee Arndt P.O. Box 2069 Kodiak, AK 99615 Dear Lorna: Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 Please be advised that the Planning and Zoning Commission, at its September 21, 1983 meeting, approved your request for a fence height variance on Lots 11 and 12 -B, Island Lake Subdivision, to construct an eight -foot fence, with the following conditions: 1. Fence height be limited to six feet within the forty feet approaching Island Lake; and 2. The fence be permanently maintained in an up- right condition. If you have any questions on this matter, please call us at 486 -5736. Sincerely, ad( William Walton Director Community Development Office cc: 83 -117 jig . - • | ' ~ • On the issue of the Variance from Rear Yards: a. That there are no exceptional physical circumstances or conditions applicable to the property or to its intended use or development which apply generally to other properties in the same land use district; b. That the granting of the variance will result in material damage or prejudice to other properties in the vicinity and will be detrimental to the public's health, safety or general welfare; c. That the granting of the variance will be contrary to the objectives of the comprehensive plan; d. That actions of the applicant did cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and e. That granting the variance will permit a prohibited land use in the district involved. The Commission also fe7t that the residents of this area did not wish to have this type of activity in their neighborhood. V. PUBLIC HEARING ON CASE 83-1I7, A request for a variance from Borough Code 17,54,010, Height of Fences and Walls, on Lots 11 and 128, Block 1, Island lake Subdivision, U.S. Survey 3219, submitted by Lorna-Lee Arndt. There was no additional staff report and MR. HILL closed the Regular Meeting and opened the Public Hearing. MRS. ARNDT presented her case in favor of granting the request for a variance to build an 8' fence instead of a 6' fence. MxS. CROWE read comments submitted by Neil Cooper. MRS. CROWE MOVED TO GRANT THE REQUEST for a fence-height variance from 6' to 8' with the following stipulations: l. that the last 40' before the lake that the fence be only 6' high; 2- that the fence be maintained by Mm. Arndt and/or property owner after it has been constructed and positioned on the property. The question was called and the motion CARRIED unanimously by roll call vote. 7. PUBLIC HEARING ON CASE 83-118. A request to rezone Tract R-1, Killarney Hills, U.S. Survey 3218 from RR1 to R2 and B-Business, submitted by the Archdiocese of Anchorage. MR' HILL expressed his concern with u conflict of interest and asked if the Commission would like him to step down from the chair, as Mr. Hill is on the Parish Committee recommending the rezoning and subdivision of this area. The Commission felt there was no conflict of interest unless there were monetary interest involved. Mr. Hill remained as the chairman and closed the Regular Meeting and opened the Public Hearing. The Commission met with public opposition to the request to rezone. A number of residents from the area where present and stated objections such as the need for proper access to the area, the condition of the present road system, limiting the density on a 7,200 square foot lot, the increase in traffic flow, and a desire to see the area remain single-family. MR. HILL closed the Public Hearing and opened thp Regular Meeting after a considerable amount of public testimony had been heard. Mr. Hill then stated the intent of the property in the future was to have a road go through all the way to Rezanoff in order to elimingte blockage of any kind. A discussion followed among the Commissioners concerning zoning issues. Father Terro was present to answer questions from the Commission and the suggestion was made to rezone the area to Rl and rezone the property to R2 when Woody Way was moved all the way to Rezanoff Drive. Father Terro stated that he was not in the position to accept an R1 zoning and that he would need to take the suggestiyn back to his committee for further study. Regular Meeting - 3 - September: 21, 1983 COMMUNITY DEVELOPMENT OFFICE Verbatim Transcript Case 83-117. Lorna-Lee Arndt Case 83-117. A request for a variance from Borough Code 17.54.010, Height of Fences and Walls on Lots 11 and 128, Block 1, Island Lake Subdivision, U.S. Survey 3219, submitted by Mrs. Lorna-Lee Arndt. MR. HILL: Is there anything further for the staff report? MR. WALTON: No, Mr. Chairman, MR. HILL: Any quick discussion? (There was none.) At this time, I will close the Regular Meeting and open it to a Public Hearing. Three minutes, Mrs. Arndt. •(Laughter from all.) MRS. LORNA-LEE ARNDT: I am Lorna Arndt, and as you probably have the variance application in front of you, and the reasons why I am asking for an eight-foot fence instead of a six-foot fence. Because, as you know, I am going to be having all...that right now there are two vicious dogs. I cannot even walk on my land, or I can't even get to the back of my land because my neighbor has filled it in with water, and he put a dog there so that I can't even walk along the side of my lot or even get to the back of my lot to improve it. And, what I did do, I did dump out all the water, and he filled it all in again with his sewer water, which the Borough has not backed me on that, neither, nor has the state. So, I am trying to improve that lot. I am trying to level that lot out to, you know, get the whole thing level. Right now there is this gully and that's why I had it pumped out. And, I want to improve this lot, and I am going to have two mean dogs next door there now that can jump six-foot fences. And there is going to be two more of those cocaine-sniffing dogs there, and they are going to be right next to me on this small little lot that is there. Another thing is all the junk vehicles that were supposed to be moved off of the Borough property were moved onto the yard there, and it's right next to my lot, and it looks like heck because they are all broken-down pieces. And, I would like to improve it. It's really making the valuation of my properties go down something terrible with all this junk and crap and everything. I am trying to improve it. I want to get this leveled out to make a level lot and be able to do something on that lot. I can't do anything until I can get this up. I have little grandkids right there that live right by me and are with me at all times, and my kids and I am deathly afraid of those dogs, too. And, if I can't even walk on my own lot to get to my boat to even get to the lake, 1 mean, it's pretty bad. His dog is right there that you don't even dare to walk. The dog is mean, and I would like to put this up and fix my property cause right now the people cannot do it until I can get this all straightened out and get my fence up and then they are going to start straightening and leveling the lot out so that don't have this gully and then this big hill. I am going to bring this hill down and level it. It is very unlevel now, and I am trying to improve it. MR. HILL: I am just curious to why, you know, is there a big difference between a six-foot and eight-foot fence? MRS. ARNDT: Yes, there is. Those dogs can jump six-foot fences, you better believe they can. They are big German Shepherds. MR. HILL: That's why I asked. MRS. ARNDT: Yah, I had a German Shepherd once, and that is why 1 am deathly afraid of them. I got rid of it. I was back in the states before I moved up here. MR. HILL: Thank you, Mrs. Arndt. Anyone else wishing to comment "f or " or "against"? MRS. CROWE: Mr. Chairman. I had a letter or a public hearing notice that was dropped by this evening, just before I came in, in response to this particular case. I would just like to read it into the record, if I could. It's from Neal Cooper who has the adjoining lot to Mrs. Arndt. The...He has the following points that he would like to make in reference to the fence in rebuttal: 1. The proposed fence is along our common property line (which I think we all realize). The property line must be surveyed (Mrs. Crowe: as it is now... apparently there are no markers) so that the actual line as to where the two properties meet is determined. 2. The last 40' before the lake he would like to request only a six- foot high fence because it would obstruct (the eight-foot fence would obstruct) the view from there of the lake and it is lake-front property. 3. He would like to see that a stipulation be made in granting this variance that the fence be maintained in an upright position and cared for so that it doesn't become an eyesore. 4. That...um...apparent...I think that this may be the same thing that Mrs. Arndt was addressing—that there must be fill in the hole along the property lines before building the fence because the bank is caving in, and there is water there that he mentioned and it rots...rotted a previous fence, apparently, that was already there. 5. Um...is not something that we would really get into, but he wanted it clearly understood that this fence was to be financed by Mrs. Arndt. Okay, and these were the points that...he was unable to attend the meeting tonight because there was... MRS. ARNDT: Well, he cut down my first fence, that's why there's... CASE 83-117. - 2 - APPEAL MRS. CROWE: And, well, that's anyhow, those are the things that he would like to get across for us to consider in granting this variance and adding these conditions to the granting of the variance. MR. HILL: Anyone else in the audience wanting to comment? Your turn, Mrs. Arndt. MRS. ARNDT: Can I ask you something? I mean, on that six foot. I am going to bring that down because it is so high up there. I am going to be bringing that down that hill. So, you know, where he is saying for six foot, the ground would be bringing down leveler. It would be coming out about four foot. So, an eight-foot fence would still only make it about a four-foot fence for him. You know, if I want to bring that down and level it. MRS. CROWE: Well, he preferred a four-foot fence, and I remember that you have... MRS. STRICKERT: Well, I think, perhaps she is worried about the dog going in there. That if, you know, he's worried about his view, perhaps from that point he's worried about, he could continue an eight-foot fence, or he could dog-chain from that point on in. MRS. CROWE: Yes, it is his responsibility to keep the dogs on his property. MR. HILL: At this time, I will close the Public Hearing and continue back to a Regular Meeting. MR. GREGG: I just have one question. It seems to me that the majority of his conditions there are not coming from the Borough (?) as compared to the (?). MRS. CROWE: I think that a building...she would have to obtain a building permit for this fence, and so it would have...they would need to show, I would assume, am I right, Mr. Walton, that it would be on her property, and she would have to show proof that it was on her property? And so, #1 would be something that would be the burden of proof on Mrs. Arndt. #2 That the last 40 feet before the lake that the fence be only six-feet high. He has a certain responsibility to his neighbors, and I don't think it is unreasonable to ask myself. It could be, well it could be a point of our variance. And the fact that it be maintained, we have in the past assumed, and this is no reflection on Mrs. Arndt, that a fence that is requested remain in an upright position and have discovered that this is not always what happens, so I think that... UNKNOWN COMMISSION MADE A STATEMENT THAT COULD NOT BE HEARD ON THE TAPE. MRS. CROWE: Well, we can if it is the variance. MRS. STRICKERT: Well, it's private property. I think in the past we have...is getting to be a pretty big burden having to keep this up. CASE 83-117. - 3 APPEAL MR. GREGG: It is putting a burden on the Planning Department and the enforcement officials to go out there once a year and keep track of everything that we ask them to. MRS. CROWE: Well, what would happen...it's just like the fence at Fir Terrace. It's not privately-owned. We put a stipulation that the fence be put in there and we didn't say... MRS. STRICKERT: Well,.... BOTH COMMISSIONERS SPEAKING AT ONCE. NOT ABLE TO MAKE OUT DISTINCT WORDS. MRS. CROWE: Well, that's why we have added these conditions as maintained, because we all assume that if you want to go to the expense, you will maintain them. But, in the past, we have found that this is not the case. And, that's why he is addressing it. I know that it adds a burden, and I hate all these fine-print things, but they have had problems with fences staying up, I... MRS. STRICKERT: I think we could satisfy that problem if you just created an ordinance that all fences be maintained. Instead of tacking it on to each individual one. MRS. ARNDT: Also, could you please put on there that people... you go on their property to maintain that fence. See, he doesn't allow you on his property to maintain. I plan on fixing... MR. HILL: A point of order, Mrs. Arndt. MRS. ARNDT: Could you put that in the variance? MRS. CROWE: Well, if this is on your property, you should be able to get around it. MRS. STRICKERT: It is right on the property line, isn't it? MRS. ARNDT: Hum Hum (yes). MR. HILL Are there any further discussions? I would entertain a motion. MRS. CROWE: Mr. Chairman? MR. HILL: Mrs. Crowe. MRS. CROWE: I move that we would grant a request for a fence-height variance from six foot to eight foot with the following stipulations: That the last 40 feet before the lake that the fence be only six feet high and that the fence be maintained after it has been constructed and positioned on the property. CASE 83-117. - 4 APPEAL MR. HILL: Call for the question. MR. RENNELL: Question. MR. HILL: The question has been called for. Roll call vote, please. PLANNING SECRETARY: Mr. Briggs (yes) Mrs. Crowe (yes) Mr. Gregg (yes) Mr. Hill (yes) Mr. James (yes) Mrs. Strickert - I don't like the way the motion is right now. In order for it to pass and for her to build a fence, I will go along with the motion, but in my comments, I feel that it should be eight feet all the way to the water. Mr. Rennell (yes) PLANNING SECRETARY: The motion carries. CASE 83-117. 5 APPEAL I 7472 72 , -.s a/c /� g'Z KODIAK ISLAND BOROUGH Community Development Offic P.O. Box 1246 Kodiak, AK 99615 NOTICE DATE: September 9, 1983 CASE NUMBER: 83-117 An-application for a variance was filed on August 17, 1983 with the Kodiak Island Borough Community Development Office by: Mrs. Lorna-Lee Arndt The application requests a variance from Section 17.54.010 - Heights of Fences and Walls on Lots 11 & 12B, Block 1, Island Lake Subdivision, U.S. Survey 3219, The Kodiak Island Borough Planning and Zoning Commission will hold a public hearing on this request at 7:30 p.m. on Wednesday, September 21 _ -19 83-in-the Borough Assembly Chambers--,-700 Mill Bay Road, Kodiak. 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 on the request. If you cannot attend, you may submit a written opinion which will be read into the minutes of the public hearing if it is received prior to the time and date indicated above. Should you wish to comment on the request, please use the bottom of this notice and return it to the Community Development Office at Box 1246, Kodiak, 99615. A vicinity map showing the property involved is on the back of this form. If you have any questions on this matter, please call us at 486-5736, extension 255. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE Your Name .//j elmypez Address J2 3b2-3 404)0X Your Property Description Z.,51- LQ A Pk,bludtoi itquu- ""116"L' e'51")41311-ITL2littt COMMENTS: (71 aut41. Ctitvic. COQ_ ria ) • Loodt 4o pit b-eet, LAJL. 0/11, Alki (Twat 6/AdtWtIL v.ixAJArlmm OW te aid aA/vi p d 1614 ou-bicaLd-Atz-61-.7 cum. (4) .01.) 44 7 A),CD C.57) ryLood,t • 0-11-it KODIAK ISLAND BOROUGH MEMORANDUM ITEM #6 DATE: September 13, 1983 TO: Planning and Zoning Commission FROM: Community Development Office SUBJ: Information for Commission's September 21, 1983 Meeting RE: Case 83-117. Request for a fence height variance, submitted by Lorna-Lee Arndt. Ten (10) Public Hearing Notices were mailed on September 9, 1983. REQUEST. Lorna Arndt is requesting a variance from Section 17.54.010 of Borough Code on "Height of Fences and Walls." Her intent is to place an 8-foot high fence on the property lines abutting Lot 12A, Island Lake Subdivision. BOROUGH CODE. A copy of Section 17.54.010 is attached. The relief requested by the applicant is from the statement "Fences and Walls not exceeding six feet in height may occupy any portion of a side or rear yard in any R district..." VARIANCE information is contained in Chapter 17.66 of Borough Code and was amended on June 2, 1983 by the passage of Ordinance No. 83-40-0 (copy attached). Section 17.66.050(A) requires that the Commission make the six findings listed below before a variance can be approved: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this Title would result in 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 Case 83-117 - Item #6 Page 2 6. That granting the variance will not permit a prohibited land use in the district involved. A copy of the applicant's statements in support of her request is attached for the Commission's information. RECOMMENDATION If the Commission makes all of the findings required by Section 17.66.050(A) of Borough Code, the requested variance must be approved. If one of the findings cannot be made, the Commission must deny the variance. ileitil/611.4-1 William Walton Director Community Development Office jig Attachment ' �� �.. �� � -�� � � ~'° , .� •a � � r „'r►• �;,� ` r � �' \ �`� � KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 ( ) Conditional Use Permit ( ) Exception (I/) Variance ( ) Zoning Change: From: CODE SECTION INVOLVED: /Z5V17/0 To: ..at fritze.4" a-ktet zba/4., . NOTE: The application fee for all items covered by this form is $50. Conditional Use Permits, ExceOtions, and Variance Applications also require the submission of a site plan. APPLICANT: 1473 ip 7)45 ita7 0 leo 49/1w41-1-ce- //NC/7 Name .2__o Address iro a/,` AL1C 99a/5 City, State, Zip ,PRORER'TY: 12/3 Lot Block 3 a- 57 United States Survey # PRESENT USE OF PROPERTY: 9g; -; .1A7 6; Home Telephone Work Telephone /a Aid Lak s Subdivision Name Section, Township, Range,_S.M. PROPOSED USE OF PROPERTY: le.ts,Veh 7L/cz - „Z2e5iri-e 7c; /P7 Pf a S a 7 £ C 0/-7 7 Z e I have been advised of the procedures involved with this request and have received a copy of the appropriate regulations. Authorized Agent Date Property Owner Date Date Application Accepted: f-17-fg VARIANCE APPLN The application must contain a statement showing the following conditions, all four of which must exist before a variance may be granted: The undersigned states: I. That there are exceptional physical circumstances or conditions applicable or to its intended use or development, which do not apply generally to the in the same land use district. These special conditions are: m7pipr ffrie frfri (7; AI )( Ve. /- /eS 1? / Cirfou to the property, other properties 1.--e_•-e 1-2 2. That the strict application of the zo inigrordinances would result in practical difficulties / A // c 07S C'q /-7 17-Li ce ic c f/Zof -e_ I .._ . 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 welfare because: (9 eta e)-7 Tc9 ev 7-4 eft /z::› s, 24i ,7 Pfri_f r0 L.; py. e_ te t & //f7 /-7,/ 44-efr, 74—ho /-2-7 e 371"a 17 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan, for the following reasons : ar-e 7- a 1 i–essecl e_ (o» 7, Phi , or unnecessary hardship: //e e v / 7tr 0 si NOTE: Alaska Statutes Section 29.33.110(C) states: "A variance shall not be granted because of special conditions caused by actions of'the person seeking relief or for reasons of pecuniary hardship or inconvenience. A variance shall not be granted which will permit .a land use in a district in which that use is prohibited." Please use additional paper for additional comments. Signature of Authorized Agent Signature of Land Owner Date Date KODIAK ISLAND BOROUGH ORDINANCE N0. 83 -40 -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVISING CHAPTER 17.66 OF BOROUGH CODE ON EXCEPTIONS, VARIANCES AND APPEAL$. The Kodiak Island Borough Assembly Hereby-Ordains: - SECTION 1; That Section 17.66.010 Planning Commission -- Administrative -- Action, is repealed and reenacted to read as follows: 17.03.055 Planning Commission -- Administrative Action. The Planning Commission by resolution may adopt rules consistent with this Title to implement, interpret or make specific its provisions. Copies of all rules adopted under this section shall be available to the public-in the a € €4ees -e€ €he- ba44d4ng- eff4e4a4 Community Development Office and the Borough Clerk's Office. SECTION 2: That Sections 17.66.020 through 17.66.050 are'repealed and reenacted to read as follows: CHAPTER 17.65 EXCEP1ICNS SECTIONS: 17.65.010 Authority and Purpose 17.65.020 Application 17.65.030 Investigation 17.65.040 Public Hearing and Notice 17.65.050 Approval or denial 17.65.060 Conditions 17.65.070 Effective date 17.65.080 Cancellation 17.65.090 Appeals - 17.65.100 Stay pending appeal 17.65.010 Authority and Purpose. The Planning Commission shall review and act upon applications for exceptions. Exceptions are provided for by this chapter for the purpose of providing consideration of land uses which. are not specifiully permitted by zoning district regulations. 17.65.020 Application. An application for an exception may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the Community Development Office and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.65.030 Investigation. An investigation of the exception request shall be made and a written report provided to the Planning Commission by the Community Development Office. Specific items to be addressed in the report are the anticipated effects of the proposed use on the public's health, safety and general welfare and anticipated impact on other properties or uses in the neighborhood. 17.65.040 Public Hearing and Notice. The Planning Commission shall hold a public hearing on each properly submitted application for an exception within thirty days after the filing of the application. The applicant shall be notified of the date of such hearing. The Community Development Office shall send to each owner of property within a minimum distance of three hundred feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with State law by legal publication in local newspapers. 17.65.050 Approval or Denial. Within forty days after the filing of an application, the Planning Commission shall render its decision unless such time limit has been extended by common consent and agreement of the applicant and the Commission. A. A royal. If it is the finding of the Commission, after consideration ofthe investigator's report and receipt of testimony at the public hearing, that the use as proposed in the application, or under appropriate conditions or restrictions, will not endanger the public's health, safety or general welfare, or be inconsistent with the general purposes and intent of this title, and not adversely impact other properties or uses in the neighborhood, the Commission shall approve the exception, with or without conditions. B. Denial. If the Commission finds, after consideration of the investigator's rt and receipt of testimony t the public hearing, that the proposed use will tend to endanger the public's health, safety or general welfare in any way or produce results inconsistent with the general purposes and intent of this Title, or adversely impact other properties or uses in the neighborhood, the Commission shall deny the exception. - I7'65'050 Conditions. The Commission, in approving an i 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 operation 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 insure that the conditions designated will be complied with. D.65.00 Effective Date. The decision of the Planning Commission to approve or deny an exception shall become final and effective ten days following such decision. 17.65.080 Cancellation. Failure to utilize an approved exception within twelve months after its effective date shall cause its cancellation. ^ 17,65.090 Appeals. An appeal of the Planning Commission's decision to grant of deny an exception may be taken by any person or party aggrieved. Such appeal shall be taken within ten 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 thereon. 17,65.100 Stay Pending Appeal. An appeal from a decision granting an exception stays the decision appealed from until there is a final decision on the appeal. SECTION 3: That Sections 17'06,090 through I7.06,170 are repealed and reenacted to read as follows: SECTIONS: 17.66.010 17.66.020 17.66.030 17.66.040 17.66.050 17.66.060 17.66.070 17.66.080 17.66.090 17.66.100 CHAPTER 17.56 VARIANCES Authority se Application Investigation Public hearing and notice Approval or denial Conditions Effective date Cancellation Appeals Stay pending approval 17.66.010 Authority and Purpose. The Planning Commission shall review and act upon applications for variances. Variances are provided for by the Chapter for the purpose of relaxing zoning district requirements in special circumstances. ORDINANCE NO. 83-40-0 PAGE 2 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 Office and accompanied by the required fee and site plan. Ail applications shall be available for public inspection. 17.66.030 Investigation. An investigation of the'variance request shall be made and a written report'provided to the Planning Commission by the Community Development Office. The findings required to be made by the Commission shall be specifically addressed in the report. 17.66.040 Public Hearing and Notice. The Planning Commission shall hold a public hearing on each properly submitted application for a variance within thirty days after the filing of the application. The applicant shall be notified of the date of such hearing. The Community Development Office shall send to each owner of property within minimum a distance of three hundred feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with State law by legal publication in local newspapers. 17.66.050 Approval or Denial. Within forty days after the filing of an application, the Planning 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; • 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 all of.the required findings in Section 17.66.050(A) 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 insure that the conditions designated will be complied with. ORDINANCE NO, 83 -40 -0 PAGE 3 17.66.070 Effective Date.. The decision of the Planning Commission to approve or deny a variance shall become final and effective ten days following such decision. 17.66.080 Cancellation. Failure to utilize an approved variance within twelve months after its effective date shall cause its cancellation. 17.66.090 Appeals. An appeal of the Planning Commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within ten days of the date of the Commission's decision by filing with the Board of Adjustment through the City or Borough Clerk a written notice of appeal specifying the grounds thereof. 17.66.100 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. SECTION 4. That Sections 17.66.060 through 17.66.080 and 17.66.180 through 17.66.200 are repealed and reenacted to read as follows: - CHAPTER 17.68 APPEALS SECTIONS: 17.68.010 17.68.020' Appeals from Planning Commission Decisions Appeals from Administrative Decisions 17.68.010 Appeals from Planning Commission Decisions. A. Appeal Initiation. An appeal from any action or decision of the Planning Commission may be taken by any person or party aggrieved. Such appeal shall be taken within ten days of the date of such action or decision by filing with the Board of Adjustment through the City or Borough Clerk a written notice of appeal specifying the grounds thereof. B. Repert. A report concerning each case appealed to the Board of Adjustment shall be prepared by the Community Development Office and filed with £he appropriate clerk. Such report shall state the decision and recommendation of the Commission together with the reasons for each decision and recommendation. All data pertaining to the case shall accompany the report. C. Stay. An appeal from any action or decision of the Commission stays the decision appealed from until there is a final decision on the appeal. 17.68.020 Appeals from Administrative Decisions. A. Decisions Appealable. The following decisions of the Zoning Officer are subject to appeal to the Planning Commission: 1. The denial of a building permit based on a lack of zoning compliance; 2. The issuance of an order under Section 17.75.010(A) of this Title. B. Appeal Initiation. A decision described in subsection A of this section is final unless appealed to the Planning Commission within ten days of the mailing of'notice of the decision. An appeal is commenced by filing with the Community Development Department a written notice of appeal, specifically stating the reason for the appeal and the relief sought. An appeal under this section may be brought by any'person aggrieved by the decision appealed. C. Public Hearing. The Planning Commission shall hold a public hearing on each appeal. At the hearing, the Commission shall review the appeal record and hear evidence and arguments presented by persons interested in the appeal. ORDINANCE NO. 83 -40 -0 PAGE 4 D. Decision. The Planning Commission shall either affirm or reverse the Zoning Officer's decision in whole or in part~ C. Findings. Every decision of the Planning Commission on an .appeal shall be based upon findings and conclusions adopted by the Commiusion. The findings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and p.recise understanding of the reason for the decision.' F. Stay, An appeal from a decision of the Zoning Officer stays the decision appealed from until there is a final decision on the appeul. SECTION 5: That this Ordinance shall be in full force and effect upon passage and adoption. PASSED AND APPROVED THIS 2nd DAY OF June, , 1983, KODIAK ISLAND BDR0U6K ; / | /' BY. 01/ ATTEST: � \ ' ' f | / \ �! .��*-4 )1.42/' "^^ • :orou0k5 lerk FIRST READING DATE:-May 5, 1983 SECOND READING AND PUBLIC HEARING DATE: June 2, 1983 EFFECTIVE DATE: June 2, 1983 REQUESTED BY: Community Development Department PREPARED BY: Community Development Department RECOMMENDATION: Y CRBINANLE NO. 0-40-O PAGE 5 KODIAK ISLAND BOROUGH Community Development Office P.O. Box 1246 Kodiak, AK 99615 PUBLIC HEARING NOTICE NOTICE DATE: September 9, 1983 CASE NUMBER: 83-117 An application for a variance was filed on August 17, 1983 with the Kodiak Island Borough Community Development Office by: •Mrs. Lorna-Lee Arndt The application requests a variance from Section 17.54.010 - Heights of Fences and Walls on Lots 11 & 12B, Block 1, Island Lake Subdivision, U.S."Survey 3219. The Kodiak Island Borough Planning and Zoning Commission will hold public hearing on this request at 7:30 p.m. on Wednesday, September 21 19 83 in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. 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 on the request. If you cannot attend, you may submit a written opinion which will be read into the minutes of the public hearing if it is received prior to the time and date indicated above. Should you wish to comment on the request, please use the bottom of this notice and return it to the Community Development Office at Box 1246, Kodiak, 99615. A vicinity map showing the property involved is on the back of this form. If you have any questions on this matter, please call us at 486-5736, extension 255. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE Your Name Address Your Property Description COMMENTS: CT 4 A . TRACT. "A" LOT 7 - 4 TRACT T R7425020200 FRELS,RONALD u>- BARBARA P.O. 30X 3353: 'KODIAK AK 99615 R7425010090 WOODWORTH,H .J a MONA SR 5079-A WASILL.A AK 99687 R742501005i SWEENEY,T M E TRACHSEL,E .P.O. BOX 119; KOD.IAK AK 99615 ARMETTA,THERESE M BOX 435 USCG - KODIAK R742501006 AK 99619 ARNDT,KEVIN'D -- W00DWORTH4-H J MONA RAE P.O. BOX 2338 - - KODIAK, AK 99615 R7425010100 .ARNDT,00NALD P.O. BJX 2069 K'OD.LAI< R7425010110 -AK 99615 R7425010121" - COJPER,NEAL E &- COLLEEN P.O. BOX 302.3 KODIAK AK 99615 R7425010 -122! ARNDT,DONALD E LORNA LEE P.O. BOX 2069 KODIAK AK 99615 . R7425020070- ARNDT,SCOTT & SETH - P.O. BOX 439 KODIAK - AK -99615 J4,0kixol _idtoz.,10 &ito eietatz-44,6d. 3 5-- 6 7. ©loo5© oo 60 oo 7 d�a : 9- R7y2so3oo90 /o- 0/ 00 // o. ll o co80 °lao ovio / t3 c9l_ta_3 10 woo // 01/0 1a19 otai GCsS r K13 Jaitiivtdictie, xia4. AA KIS 7 -R 71/AsoAoo70 o©S© o090 /0 o1_o_o /1 ou o /9 l o Lp o ants /ode_ iQ , a n( /3 - 013_0_ / Pito if ©L50 16 0160 17 0(7 __- 18 0(80 1, ©190 ca0 0100 Mir ' rr *