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ISLAND LAKE BK 1 LT 11 - VarianceKODIAK 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 17.54.010 - Heights of fence and walls - on lots 11. and 12b., Block 1, Island (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 ~,Lake and subject to the fence being permanently maintained in an upright !!condition, and WHEREAS, Mrs. Arndt did on September 27, 1983 appeal the decision of `• ~the Planning and Zoning Commission requiring that the last 40 feet of the :s ;fence 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. ii NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment that it affirms the Planning and Zoning Commission's September 21, 1983 approval of '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 r, a ATTEST: KODIAK ISLAND BOROUGH , 1984. 4 -4- '1.4, 41. tj" .07$ 144:4 1.4 t." CASE FILE CHECK LIST Case File No. Assigned 33//7 Date Application Received g-n- 83 Type of Application 25 Date Site Plan Received 8—/I—g3 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 Lo-L 49-41d71-- Mailing Address go)( 0,1,00 Phone 4/86-6436 Name of Legal Owner Ad 6kArail— 0-07L 131/)(1)0/4) /- a 8) Mailing Address Po,. ,6,0x ‘,069 Phone 4WD -641% Legal description of Property: Lot(s) /1) /AB Block Subdivision 1--thlAbC/ Lc 5(kir2/* Square Footage or Acreage of Property is 14)/— // 1/1X7iL P & Z Public Hearing Date 9/A Public Notices Mailed on Applicant Notified of P & Z Action on /83 Loi- /) 15 6)..696 H w Many? /E) Date Date Action Summary A oved Denied .45 P & Z Assembly Ordinance No. Date Date Tabled 1st Reading Date 2nd Reading Ordinance Effective Date KODIAK ISLAND BOROUGH MEMORANDUM #ri DATE: November 28, 1983 TO: Mickie Miller, Borough Clerk FROM: Linda Freed, Director, Community Development DepartmerlZfA 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 17.68.010B 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. /c: Case 83-117. Lots 11 & 12B, Block 1, Island Lake Subd. jig Enclosure KO k‘ IC ISLAND 0 OUG 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 Public 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 fl 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.Bof'ough Code. 17.66:190: and return to.this office for processing. We will set the appeal hearing for the Aovember-8, 1983,regular Meeting, of the Borough Assemb4. Thank you for your cooperation in this matter. \ \. 41\t2'4 Gloolo1-010 o—f C.1701-a-■ IO C1 10.A.>JL 1D II-9. ( cc: Borough Manager _EPT...27, 1983 BOX 2069 KOD I A K, AK. 99615 KOD 1 AK ISLAND BOR"OtJt;`ld" SHIRLEY (MICK'IE),I ILLER :±P'0.. BOX 1246 . KOD lAK, AK.- 99615 DEAR 'MRS 4. MI LLER AM APPEALING THE DECASTOWOF THE PLANNING AND ZONI=N3 'COMM I SS 1 ONS = OKAYING• -#2 'OF NEAL -COOPERS ANSWER °OINI E PU9UC. HEAR 1-NG NOT -i=CE i3F MY- REQUE f'-FOR ,QA - VARIANCE .FROM SECT1;ON 'I .551..010 HELGHTS.s'OF 'FENCES AND It1AtLS ' OW ON MY- LOTS 11 7040 ' t2B, BLOCK 1, ISLAND LAKE__.;"SUBDIVISIOW, U.S. SURVEY 3219; - WHERE NEAL. COOPER ASKED THAT THE LAST FEET DEFORE -THE LAKE ONLY A -6 +FOOT HIGH 'FENCE BE CONSTRUCTED. ... - - THIS W 1 LL REALLY MAKE MY FENCE A .. LOUSY' 'LOOKING ONE AND NOT A `NEAT ONE :LIKE I PLAN TO BUILD. FURTHERMORE ..THIS IS THE AREA WHERE MR. NEAL HAS ALL . JUNK JEEPS STORED AND SOME OF THE DOGS - I SAID ABOUT IN MY ORIGINAL REQUEST.. SIX OF THE P. &Z. MEMBERS VOTED FOR TIE 6'FOOT` AND: -ONE MEMBER WAS - AGAINST THAT .RESTRICT1'ON AS IT IS MY MONEY GOING A NTO THE FENCE AND TWO DIFFERENT HEIGHTS WOULD RUIN THE LOOKS OF MY..- PROPERTY: ANOTHER CONCERN WAS--". # °' WHERE. MR . COOPER .;SAID I ' MUST MA I NTA I N MY FENCE AS THE LAST- FENCE BECAME :: DELAP (DATED; BUT THAT WAS BECAUSE MR. COOPER CUT MY FENCE AND 7RAA15E A. RABBIT PEN OUT OF I T. THE P.& Z..SA ID I MUST MA I NTA IN I T BUT`' DID NOT SAY THAT MR. • COOPER ALLOW ME TO STEP QN. H I S PROPER TY TO KEEP ' I T MA I NTA I NED ., FURTHERMORE THERE IS- NO ''OKD I NANCE ON THIS DEAL OF MA I NTA I NI NG A FENCE I - NEED ..THE ' BOROUGH ASSEMBLY TO STIPULATE :THAT MR. COOPER WOULD `ALLOW ME TO- GO.. ON- H I S" -PROPERTY .TO MA I NTA I N: THAT SIDE OF THE FENCE. OF,"COURGE 1 WANT TO KEEP MY FENCE LOOKING NICE, "BUT NEED SOMETHING` 1N WRIT.ING BY .THE ASSEMBLY TO MR. COOPER TO . ALLOW ME..TO: Da: 1 T.. 1 ALSO . NEED IT IN WRITING TO HIM•THAT HE KEEPS HIS "DOGS OFF OF .IT AND NOT URINATING ON MY FENCE LIKE I N- THE PAST-. . 'DO HAVE THE VARIANCE BUT WANT THE :' 6 . FOOT HEIGHT, 40- .FEET FROM - THE LAKE TAKEIC OUT AND THE OTHER THINGS PUT •I N THAT ASKED : FOR ABOVE. ' I THA.NK-.YOU ' FOR YOUR CONS I DER AT I ON. I N T H I S MATTER. SINCERELY, . tilt GL - . Kodiak Island Boras ¢1 • Kodiak, Alaska • RECEIVED EP 2 8:1983 : " 1,1I121 112131f1N LORNA -LEE ARNDT 210;303��� N :SEP 1983 WO V [ij g P 483 53-1 239 riECEIrtFoR CERTIMa--MAIL - , NO INSURANCE COVERAGE.PROVIDED—' NOT FORANTERNATIONAL MAIL. . (See: ROe se) Sent to -1 •:. i" 1..; \11- 4 ' s ro'of anA 1■9.-',.; .. .., L. 1 m>4' f -Kodra. fc .11 n , Postage _ , ...O.NEStRICTED DELIViki;.;:r..' .. '.„,.. .. ...; '.,.::::;:..:;'.' ' Certif Fee , : ' , ,Spacial Delivery Fee 4::TyPE.OF.SERVICE:- .o; - .'- ,.o.- ,--.. ' .-- - 0 niCiiriFiity , -, --, al INSURED'', 0 . IlcEF.111*' --.„-'Ll-,',, CltoO,,, :,-- •.-. '_.(;)P014$s 04.14: 7ReStriEted gellerii Fee (Always obtain signature btaddressee .or- eh -- % fRefuin RecpiShOwing, to whom and gate :Delivered . Ja) . -ReturriReceOtShovikngtowhom, ' "Date and Address ofDeliV y - ': . , oo '741 • TOTAL Postagi and Esiis ,' ''..„:,--116YEE'S,.-';-- .. PS Form 3800, Fit 1.40.04 .51 , V,A211,1313;i1 "•*, ID • . • *:tra e , . ■ SENDEJL:-, o IgtosemS11, 24;$,ind 4,."...:, ,'.. -Add yotir, address IN the ''..,RETUNNJO'!..‘ space on, teverse::. (CONSULT POSTMASTER FOR 'FEES).-1 - - - ., • , . . •- ..- _. _ - , ., - - .,•. • 1. -Th fallowing service Is requested.(chech one).. Show to whom and date,cislited.:::;:,:, CiShOW4,1.4tonl.*te, 04aildiess:of delhier.VA-:- '• ":- 'o., ,f,' • _ , ...O.NEStRICTED DELIViki;.;:r..' .. '.„,.. .. ...; '.,.::::;:..:;'.' Oho ..iiistsfeted'deilkuy'f-se.ls,-charial la;8ildition51. --- to Me Wart! picelptleig1 3; ARTICLE:ADDRESSED TD:,- , , Mfr '40-egrt-f' ....::....- .7-!,,. -. -- '..,:...-. ' ' .; 2 • 4::TyPE.OF.SERVICE:- .o; - .'- ,.o.- ,--.. ' .-- - 0 niCiiriFiity , -, --, al INSURED'', 0 . IlcEF.111*' --.„-'Ll-,',, CltoO,,, :,-- •.-. '_.(;)P014$s 04.14: • . :-..- .•ARTIGLE NUM ER - , ' (Always obtain signature btaddressee .or- eh -- I have receivedihe article described above. , • .,..... . _ SIGN TURE DAddressee •- • uttwrlzed agent ,•,-. - ,, • -,.. • _ ,- ' oo-.„ • /DATE OF v Y ' 72—* — - - ' - SER.'. 1983 .' ',pm, ., ...?; opq•al 0. _ a) — 6. ADDRESSEE'S ADDRESS (049/4Quostr ,,1.,.':$2?;3-,;, /r.;,UNABLEA.DELIVER DEDALISE:•: ::- : ,' ''..„:,--116YEE'S,.-';-- .. 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, 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,felt that the residents of this area did not wish to have this type of activity in their neighborhood. 6. PUBLIC HEARING ON CASE 83 -117. A request for a variance from Borough Code 17.54.010, Height of Fences and Walls, on Lots 11 and 12B, 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. MRS. 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: 1. that the last 40' before the lake that the fence be only 6' high; 2. that the fence be maintained by Mrs. 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 a 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 the 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 eliminate 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 R1 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 suggestion back to his committee for further study. Regular. Meeting - 3 - September 21, 1983 - A r 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 12B, 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 I 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 I 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 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 r,_, 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 2 7 OT "B" 4 Al 8 ,` F 8 S - 2 U S SUR 2 TRACT T INNE.18 3 3 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. William Walton Director Community Development Office jig Attachment KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 ( ) Conditional Use Permit ( ) Exception (14 Variance ( ) Zoning Change: From: CODE SECTION INVOLVED: /7,5V8/e9 To: F aiief zda/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: 4/a--- /14/eAdl- Name 50( Address iro itret ty, State, Zip ia2i3 747/ / Lot Block 3?--/ United States Survey # PRESENT USE OF PROPERTY: i/S-=‘ Home Telephone Work Telephone J/aAjd Lak Sub ci Subdivision Name Section, Township, Range,,S.M. 7`, PROPOSED USE OF PROPERTY: f11,0_ A 7L - 7 )7c, j lA:p GI_ 2 / c u7— e9 1.7 e z, I have been advised of the procedures involved with this request and have received a copy of the appropriate regulations. Authorized Agent Date Date Application Accepted: ff-17-11 Property Owner By:AWAgei;., Date VARIANCE APPL 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: 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 the other properties in the same land use district. These special conditions are: ryLy)ffri 7O Sci-t_sek7 ite. A ,f s n v c"OfeD ire 5 _ S , 2. That the strict application of the zo in ordinances would result in practical difficulties or unnecessary hardship: /1/eS c •e- Cl/ C .47 LT Li 40- / -C I-7re //c9 4.v-ere_ s. 7—A e v //e-t 1rift1S, 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 welfare because: To or% eh r- 19.7 77-e s, ) The= > tet / e P 7k e _c e / a 7 j (7 A; /406 cfr, frk, .37e a frz c A I/2- -el-, 040 /fc v e_ Af .7"--0 , 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan, for the following reasons: ? es a /7 1,7 y 2' a e, 4-5 ea( /y 77 e_ 6, key /9/4 NOTE: Alaska Statutes Section 29.33.110(C) states: "A variance shall not be granted because of • special conditions caused by actions ofthe 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 "7: Date 'Date KO0l0K ISLAND BOROUGH ORDINANCE NO. 83-40-0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY REVISING CHAPTER 17.66 OF BOROUGH CODE ON EXCEPTIONS, VARIANCES AND APPEALS. The Kodiak Island Borough Assembly Hereby Ordains: SECTION 1; That Section 17'06.010 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 prvviu`ons, Copies of all rules ' adopted under this section shall be available to the public in the off4ees-vf the-huild4ny-eff4e4u1 Community Development Office and the Borough Clerk's Office. / SECTION 2: That Sections 17.06.020 through 17.66.050 are repealed and reenacted to read as follows: CHAPTER 17.65 EX[UqIUNS SECTIONS: 17.65.010 17.65.020 17.65.030 17.65.040 l7'65.O50 17.65.060 17.65.070 17.65.080 17.65.090 ° 17,65.100 Authority and Purpose Application Investigation Public Hearing and Notice Approval or denial Conditions EffeCtive date Cancellation Appeals 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 be filed by a property owner or his authorized agent. The application shall be made on a form provided by the Community Development ice 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. 17.05.040 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 hearin9, 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 roval. If it is the finding of the Commission, after consideration of t e 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 report and receipt of testimony at 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. 17.65.060 Conditions. The Commission, in approving an exception, 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. 17.65.070 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 17.66.090 through 17.66.170 are repealed and reenacted to read as follows: CHAPTER 17.66 VARIANCES SECTIONS: 17.66.010 Authority and purpose 17.66.020 Application 17.66.030 Investigation 17.66.040 Public hearing and notice 17.66.050 Approval or denial 17.66.060 Conditions 17.66.070 Effective date 17.66.080 Cancellation 17.66.090 Appeals 17.66.100 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. All 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 PACE 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 fhe 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 PACE 4 D. Decision. The Planning Commission shall either affirm or reverse the Zoning Officer's decision in whole or in part. E. Findings. Planning Commission pshall be based ndings and conclusions adopted by the Commission. The findings be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. F. 3tay, An appeal from a decision of the Zoning Officer stays the decision appealed from until there is a final decision on the 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. ATTEST:- � �' ' [III \ �\,� • • 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: ORDINANCE NO. 83-40-0 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 & 128, 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 Address Your Property Description COMMENTS: - 4 R3 I • f • ... R742501005( SWEENEY“ M & TR- ACHSEL9E P.O. BOX 1198 KODIAK AK 99615 R742501006 ARMETTA9THERESE -14 BOX 435 USCG KODIAK AK 99619 r Y"2r: '3�- �- .'xy3,sF-.�.K� -ate �T��',y�,. � -, Via' +'�^r� ,�`Xix -?•� =. R7425020200 FRELS,RONALD &- BARBARA - P.O. BOX 3353 K001AK AK 99615 R7425010090 WOODWORTH,H .J & MONA RA-E -SR 5079 A WASILLA AK 99687 R7425010100 ARNDT,KEVIN D - W000WORTH,H J MONA RAE P.O. BOX 2338 KODIAK AK 99615 ARNDT,DONALD P.O. BOX 2069 K0DIA!< R7425010110 c -AK 99615 R7425010121 COOPER,NEAL E & COLLEEN P.O. BOX 3023 KODIAK AK 99615 R7425010122 ARNOT,DONALD & LORNA LEE P.O. BOX 2069 KODIAK AK 99615 R7425020070 ARNDT,SCOTT & BETH P.O. 130X 489 KODIAK - •AK 99615 S i 7q2 s01005O 0-010 00 70 11 01( 0 c080 0102.0 00' 0 ta3 01ao 01/0 /0 10- 0100 o ta„_IS 3.4 019.8. 44-6-01 11 L3 AA - K1c3_ 7 =R 71/A sagoo7o Qo8o 0090 /0 CLOD U mn D orao 13 0i3_o 1 014L0 /5- o i57o /6 of6o 17 0/7 18 o(so Icy oi90 t/ (Vide ,a la`D ao 0 200 . 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 BoTtugh Assembly Chambers, 700Mill 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 pni ebocek Address Am 3b2,3 16D,N,Iz Your Property Description 1.6* A OJ1U COMMENTS: (7) 1)A q) Tv Able. sOA-th.t,t,p_ot Ctiteitt, vit. no rn ) • oz LO ,dot 40 kekt &Le_ 6-rth 6 keA/ (alt Obo_tiVAtt Ni-ek641A7 ,63_ 0k-oat -14: rrotAgt4.14p(i. (lat dAtiotkefte-61) ,14 ail/rote