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-
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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.
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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 •
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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
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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:
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R742501005(
SWEENEY“ M & TR- ACHSEL9E
P.O. BOX 1198
KODIAK
AK 99615
R742501006
ARMETTA9THERESE -14
BOX 435 USCG
KODIAK AK 99619
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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
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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
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