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ISLAND LAKE BK 3 LT 12B - Exception- 1Zs 13(k LQ - c11 -d61 October 7, 1992 Peter Klein PO Box 1324 Kodiak, AK 99615 Dear Property Owner: This letter is an effort to inform you about a Kodiak Island Borough Zoning Code change that could impact your property. The Kodiak Island Borough Planning and Zoning Commission has recommended that the Kodiak Island Borough Assembly delete Section 17.65 Exceptions from the Borough Code. The Commission found that this Code section is inconsistent with Alaska Statutes, which provide for municipal land use planning. As a property owner, you have been granted an exception under the section proposed for elimination. As a result, it is likely that the land use allowed by the exception will become a non - conforming land use. This may affect you, since non - conforming land uses are regulated differently than conforming land uses. Specifically, you may not be able to expand the use for which the exception was granted. If the section, allowing for exceptions, is deleted from the Borough Code there are several remedies available to you to limit any negative impacts of the revision. The recommendation is scheduled to be reviewed by the Kodiak Island Borough Assembly at their meeting on October 15, 1992. It is likely that a public hearing on the ordinance, to delete exceptions from the Borough Code, will be held on November 5, 1992. For more information about this proposed Code revision, please contact either Linda Freed or Duane Dvorak at the Kodiak Island Borough at 486 -9362. cc: Planning and Zoning Commission (Exhibit A) Generally Located Along the South Side of East Marine Way. STEVENS, seconded by BRANSON moved to adopt Ordinance No. 2000 -06 to advance to public hearing on May 16, 2002. Manager Carlson reported that the petitioner requested a rezone from R3- Multifamily Residential to I- Industrial. VOTE ON MOTION TO ADVANCE Ayes: Stevens, Turner, Abell, Branson, Heinrichs, Razo, Noes: Absent: MOTION CARRIED None Bonney Unanimous 2. Ordinance o. 2002 -07 Rezoning Lot 12B, Block 3, ORDINANCE Is and Lake ub• vision From B- Business To R2 -Two NO. 2002 -07 Family residential in Accordance with the Attached Map (Exhibit A) Located at 3100 Ptarmigan Pass Road. HEINRICHS, seconded by BRANSON moved to adopt Ordinance No. 2000 -07 to advance to public hearing on May 16, 2002. Manager Carlson said the property was rezoned in 1991 from R2 -Two Family Residential to B- Business at the request of the previous property owner. The new owner petitioned for rezone back to R2 -Two Family Residential. He noted the zoning in the area was complex but predominantly residential. VOTE ON MOTION TO ADVANCE Ayes: Turner, Abell, Branson, Razo, Heinrichs Stevens Noes: None Absent: Bonney MOTION CARRIED Unanimous D. OTHER ITEMS OTHER ITEMS 1. Vacation of a Ten (10) Foot Wide Easement on Tract VACATION L, Russian Creek Alaska Subdivision (Plat 69 -02) (11883 Russian Creek Road). STEVENS, seconded by BRANSON Regular Assembly Meeting May 2, 2002 moved to approve the vacation of a ten -foot wide easement on Tract L, Russian Creek Alaska Subdivision (11883 Russian Creek Road). Volume XXVII Page 182 PUBLIC HEARING A. Ordinance No. 2002-06 Rezoning Lot 11, U.S. Survey 1995 From R3-Multifamily Residential To I-Industrial in Accordance with the Attached Map (Exhibit A) Generally Located Along the South Side of East Marine Way. Mayor LeDoux announced that 27 public hearing notices were mailed on May 3 and one supporting and one opposing the rezone were returned and were available to the Assembly. STEVENS, moved to adopt seconded by HEINRICHS Ordinance No. 2002-06. Manager Carlson said the petitioner requested the rezone. Mayor LeDoux called for the public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Abell, Bonney, Branson, Heinrichs, Razo, Stevens Noes: Absent: MOTION CARRIED None Turner Unanimous B. prdinance No. 2002-071Rezoning Lot 12B, Block 3, Island Lak7e—Stibdilii-§-iiDn From B-Business To R2-Two Family Residential in Accordance with the Attached Map (Exhibit A) Located at 3100 Ptarmigan Pass Road. Mayor LeDoux noted that 39 public hearing notices were mailed on May 3, 2002 and none were returned. HEINRICHS, moved to adopt seconded by BRANSON Ordinance No. 2002-07. Manager Carlson said the property was rezoned in 1991 from R2-Two Family Residential to B-Business at the request of the previous property owner. The new owner petitioned for rezone back to R2. He noted that zoning in the area was complex but predominantly residential. Mayor LeDoux called for public testimony; hearing and seeing none, she reconvened the regular meeting. There was no discussion by the Assembly. VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Regular Assembly Meeting June 4,2002 Bonney, Branson, Heinrichs, Razo, Stevens, Abell None Turner Unanimous PUBLIC HEARING ORDINANCE NO. 2002-06 ORDINANCE NO. 2002-07 Volume XXVII Page 187 S - UILT SURVEY OF AL n04 or co •' • :a • • l It Tit :49724 4 ;1c r•• t .•r.a..cn•r••••• ♦• 0 •• ? • n .sy A. Eeldund , .4 J.,„ •• NO. 1633.5 : Q� s` ••• •••eci A RoFrssion��.` 44 • . 1 hereby certify that 1 have surveyed the following described property: for /2 0, BLOCK 3 t rand L.&t- SJb4.� U,S.SuRVE •.. 4 • Plat N° 73 -12 L'n.4 i/G , AI�rLcL.• and that the improvements situated thereon are within the property Iines and do not overlap or encroach on the property lying adjacent thereto. that no improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways. transmis- sion lines or other visible easements on said property except as indi. Bated hereon. 271.4 day of . P,. 19 eg/ _ Dated this ROY A. ECKLUND Registered Land Surveyor Sc ale:. j tr _ 20• 1 Drawn by: /eel Date: 27 5BPT. /✓<rT' Introduced by: Mayor Selby Requested by: Planning & Zoning Commission Drafted by: Community Development Department Introduced: 07/18/91 Public Hearing: 08/01/91 Adopted: 08/01/91 KODIAK ISLAND BOROUGH ORDINANCE NO. 91 -14 AN ORDINANCE REZONING LOT 12B, BLOCK 3, ISLAND LAKE SUBDIVISION FROM') R -2- -TWO FAMILY RESIDENTIAL TQ B-- BUSINESS NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is not of general application and shall not be codified. Section 2: Lot 12B, Block 3, Island Lake Subdivision is rezoned from R- 2 - -Two Family Residential to B -- Business. Section 3: The official zoning map shall be updated to reflect this rezoning. PASSED AND APPROVED THIS 1st DAY OF AUGUST, 1991. KODIAK ISLAND BOROUGH ATTEST: C G, C'?/2.14.71 Borough Clerk 1-/),c Kodiak Island Borough, Alaska Resolution No. 91 -14 Page 1 VOTE ON MOTION TO ADOPT Ayes: Noes: Absent: MOTION CARRIED Monroe, Fitzjearl, Gould, Hancock, Milligan, McFarland None Stevens D. Ordinance No. 91 -14 Rezoning Lot 12B Block ORDINANCE 3 Island Lake Subdivision From R- 2 - -Two NO. 91 -14 Family Residential To B-- Business. Presented for public hearing was Ordinance No. 91 -14 which, if adopted, rezoned one of two residential lots which are surrounded on all sides, by B -- Business zoning district. GOULD, moved to adopt seconded FITZJEARL Ordinance 91-14 and to confirm the Planning & Zoning Commissions Findings -of -Fact. Linda Freed, Community Development Director for the Kodiak Island Borough, stated the Planning & Zoning Commission held a public hearing on this request and received no adverse testimony. The presiding officer called for public testimony. Jody Hodains, Planning & Zoning Commissioner, encouraged the Assembly to adopt Ordinance No. 91 -14 and offered to answer questions. Peter Klein encouraged the Assembly to adopt Ordinance No. 91 -14. Scott Arndt favored adoption of Ordinance No. 91 -14. Lorna Arndt, urged the Assembly to adopt Ordinance No. 91 -14. The Presiding Officer reconvened the regular meeting. Regular Assembly Meeting August 1, 1991 Volume XIV Page 19C VOTE ON MOTION TO ADOPT Ayes: Fitzjearl, Gould, Hancock, Milligan, Monroe, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous E. Ordinance No. 91-15 Amending Chapter 17.34, Zero-Lot Line Development, of the Borough Code. Presented for public hearing was Ordinance No. 91-15 which, if adopted, would amend Chapter 17.34 of the Borough Code to allow for more flexibility than exists in the current code. FITZJEARL, moved to adopt seconded by MONROE Ordinance No. 91-15. Linda Freed, Director of the Community Development Department of the Kodiak Island Borough described the ordinance. Assemblymembers and Ms Freed discussed the feasibility of zero lot line development. The Presiding Officer called for public testimony. Jody Hodains, Planning and Zoning Commissioner, offered to answer questions. The Presiding Officer closed the public hearing and reconvened the regular meeting. VOTE ON MOTION TO ADOPT Ayes: Gould, Hancock, Milligan, Monroe, Fitzjearl, McFarland Noes: None Absent: Stevens MOTION CARRIED Unanimous The Presiding Officer called for a five minute recess. Regular Assembly Meeting August 1, 1991 ORDINANCE NO. 91-15 Volume XIV Page 191 Kodiak Island Borough D, Kodiak Island Borough AGENDA STATEMENT Meeting of: August 1, 1991 ITEM TITLE: Ordinance No. 91-/q Rezoning Lat. 12B, Block 3, Island Lake 'Subdivision from R-2--Two, Family Residential to B--Business. SUMMARY STATEMENT The purpose of this request is to rezone Lot 12B, Block 3, Island Lake Subdivision from R-2--Two Family Residential to B--Business. This lot is one of two residential lots in the area which are surrounded on all sides, by the B--Business zoning district, not bounded by rights-of-way. The Planning and Zoning Commission has recommended that the Assembly approve this rezoning request. Please see the attached memo and staff report for additional information. FISCAL NOTES [X] N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: Mayor: RECOMMENDED ACTION: The Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly approve Ordinance No. 91-14 , rezoning Lot 12B, Block 3, Island Lake Subdivision from R-2--Two Family Residential to B--Business. "Move to • adopt Ordinance No. 91-14 KODIAK ISLAND BOROUGH ORDINANCE NO. 91-14 Introduced by: Mayor Selby Requested by: Planning & Zoning Commission Drafted by: Community Development Department Introduced: 07/18/91 Public Hearing: 08/01/91 Adopted: AN ORDINANCE REZONING LOT 12B, BLOCK 3, ISLAND LAKE SUBDIVISION FROM R-2--TWO FAMILY RESIDENTIAL IQ B--BUSINESS NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH:THAT: - Section 1: This ordinance is not of general application and shall not be. cbdified.. Section 2: Lot 12B, Block 3, Is and Lake Subdivision is rezoned from R-2--Two Family Residential to B--Business. Section 3: The official zoning map shall be updated to reflect this rezoning. PASSED AND APPROVED THIS 1st DAY OF AUGUST, 1991. KODIAK ISLAND BOROUGH Borough Mayor Presiding Officer ATTEST: Borough Clerk Kodiak Island Borough, Alaska Resolution No. 91-14 Page 1 3. Ordinance No. 91 -14 Rezoning Lot 12B Block ORDINANCE 3 Island Lake Subdivision From R -2 Two: NO. 91 -14 Family Residential To B- Business._ Presented in first reading was Ordinance No. 91 -14 which would rezone lot 12B block 3 Island Lake Subdivision from R -2 family residential to B- business. GOULD, seconded by FITZJEARL VOTE ON MOTION Ayes: moved to advance Ordinance No. 91 -14 to public hearing on August .l, 1991.. Milligan, Monroe Fitzjearl, Gould Hancock, Stevens Noes: None MOTION CARRIED Unanimous 4. Ordinance No. 91 -15 Amending Chapter 17.34, ORDINANCE Zero -Lot Line Development, of the Borough NO. 91 -15 Code. Presented in first reading was Ordinance No. 91 -15 which would amend Chapter 17.34, (zero -lot line development) of the Borough Code to allow for more flexibility than . exists in the current code. GOULD, seconded by MILLIGAN VOTE ON MOTION Ayes: moved to advance Ordinance No. 91 -15 to public hearing August 1, 1991. Monroe, Fitzjearl Gould, Hancock Milligan, Stevens Noes: None MOTION CARRIED Unanimous 5. Ordinance No. 91 -16 Placing the Question of ORDINANCE the Manager Plan on the Regular Election NO. 91 -16 Ballot. Regular Assembly Meeting July 18, 1991 Volume XIV Page 174 • C. ORDINANCES FOR INTRODUCTION ORDINANCES FOR INTRODUCTION 1. Ordinance No. 91-13 Adopting the 1991 Uniform Plumbing Code, the 1991 Uniform Mechanical Code, and Amending Kodiak Island Borough Code Section 15.12. Presented in first reading was Ordinance No. 91-13 which would amend KIBC 15.04.010 by adopting the 1991 Uniform Plumbing Code and Uniform Mechanical Code, and amend KIBC 15.12.80 by providing an exception to the 1991 Uniform Plumbing Code on the construction of heat exchangers. FITZJEARL, seconded by MILLIGAN VOTE ON MOTION Ayes: moved to advance Ordinance No. 91-13 to public hearing on August 1, 1991. Gould, Hancock Milligan, Monroe Fitzjearl, Stevens Noes: None MOTION CARRIED Unanimous 2. Ordinance No. 91-08A Amending Ordinance No. 91-08, FY 92 Budget (Coastal. Management Grant Receipt). Presented in first reading was Ordinance No. 91-08A which would amend Ordinance No. 91-08, accepting a grant from the State of Alaska for $26,000.00 for coastal management planning. MONROE, seconded by GOULD VOTE ON MOTION Ayes: Noes: MOTION CARRIED Regular Assembly Meeting July 18, 1991 moved to advance Ordinance No. 91-08A to public hearing on August 1, 1991. Hancock, Milligan Monroe, Fitzjearl Gould, Stevens None Unanimous ORDINANCE NO. 91-13 ORDINANCE No. 91-08A Volume XIV , Page 173 ITEM NO. Kodiak Island Borough Kodiak Island Borough AGENDA STATEMENT Meeting of: July 18, 1991 ITEM TITLE: Ordinance No. 91- -0. Rezoning Lot 12B, Block 3, Island Lake Subdivision from R- 2 - -Two Family Residential to B -- Business. SUMMARY STATEMENT The purpose of this request is to rezone Lot 12B, Block 3, Island Lake Subdivision from R- 2 - -Two Family Residential to B -- Business. This lot is one of two residential lots in the area which are surrounded on all sides, by the B -- Business zoning district, not bounded by rights -of -way. The Planning and Zoning Commission has recommended that the Assembly approve this rezoning request. Please see the attached memo and staff report for additional information. FISCAL NOTES [X] N/A Expenditure Amount Required Budgeted APPROVAL FOR AGENDA: Mayor: RECOMMENDED ACTION: The Planning and Zoning Commission recommends that the Kodiak Island Borough Assembly approve. Ordinance No. 91- -0, rezoning Lot 12B, Block 3, Island Lake Subdivision from R- 2 - -Two Family Residential to B -- Business. Kodiak Island Borough MEMORANDUM TO: Kodiak Island Borough Assembly THRU: Jerome M. Selby, Mayor FROM: Community Development Department DATE: July 8, 1991 SUBJ: Ordinance 91- -0 RE: Planning and Zoning Commission Case 91-031. Request for the rezone of Lot 12B, Block 3, Island Lake Subdivision from R-2--Two Family Residential to B--Business in accordance with 17.72.030C (Manner of Initiation) of the Borough Code. 3100 Ptarmigan Pass Street (Peter Klein). MANNER OF INITIATION This request for rezoning originated with the property owner. Please see the attached staff report for additional information. RECOMMENDATION The Kodiak Island Borough Planning and Zoning Commission held a public hearing on this rezone request on June 19, 1991. Following the public hearing, the Commission moved to recommend that the Kodiak Island Borough Assembly: ...approve the rezoning of Lot 12B, Block 3, Island Lake Subdivision from R-2--Two Family Residential, to B--Business. Section 17.72.020 of the Borough Code states that the Commission shall report in writing to the Borough Assembly on any proposed change or amendment regardless of the manner in which such change is initiated and such report shall find: Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two- Family Residential to B--Business is necessary and justified because the B-- Business Zoning District permits development that: Re: Ordinance 91- -0 Page 1 of 2 lst Reading: July 18, 1991 A. is as consistent with the comprehensive plan as the zoning for surrounding Tots in this area; B. is suitable for the lot, given the modest lot size and width; C. will create a nonconforming use of the existing duplex residential use for which an exception is now pending. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be designated for Medium Density Residential. The history of this area shows that an amendment to the comprehensive plan redesignated Lots 7A - 18, Block 2, Island Lake Subdivision to B -- Business which is located near the subject property. However, the majority of land around the subject property is zoned B -- Business. Rezoning the subject lot will be no more inconsistent with the objectives of the comprehensive plan the previous rezones to B -- Business around Lot 12B, Block 3, Island Lake Subdivision. Re: Ordinance 91- -0 Page 2 of 2 1st Reading: July 18, 1991 Kodiak Island Borough KODIAK ISLAND BOROUGH ORDINANCE 91- -0 AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY. REZONING LOT 12B, BLOCK 3, ISLAND LAKE SUBDIVISION FROM R-2--TWO FAMILY RESIDENTIAL TO B-BUSINESS. The Kodiak Island Borough Assembly hereby ordains that: Section 1: Lot 12B, Block 3, Island Lake Subdivision is rezoned from R-2--Two Family Residential to B-Business. Section 2: The official zoning map shall be updated to reflect this rezoning. Section 3: This ordinance shall be in full force and effect upon passage and adoption. PASSED AND APPROVED THIS DAY OF , 1991. KODIAK ISLAND BOROUGH BY Jerome M. Selby, Borough Mayor BY ATTEST: Jack McFarland, Presiding Officer BY Borough Clerk • First Reading, Approval Date: Second Reading, Public Hearing, Approval Date: Effective Date: Distribution List: Assessing Department Community Development Department Ordinance 91- -0 Page 1 of 1 ' Peter Klein Klein Electric P.O. Box 1324 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 June 20, 1991 RE: Case 91-031. Request for a rezone, in accordance with Chapter 17.72 of the Borough Code, of Lot 12B, Block 3, Island Lake Subdivision from R2--Two-family Residential to B--Business; AND an Exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the preexisting duplex use to continue on a lot in the B--Business Zoning District. 3100 Ptarmigan Pass Street. Dear Peter: The Kodiak Island Borough Planning and Zoning Commission at their meeting on June 19, 1991, moved to forward the rezone request cited above, recommending approval, to the Borough Assembly; AND to grant the exception request, contingent upon Assembly approval of the proposed rezone. This item will appear for first reading at the Assembly's July 18, 1991 regular meeting and if approved will appear for second reading and a public hearing at the Assembly's August 1, 1991 regular meeting. The Commission adopted the following findings of fact in support of their decision to forward the rezone request to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two- Family Residential to B--Business is necessary and justified because the B--Business Zoning District permits development that: A. is as consistent with the comprehensive plan as the zoning for surrounding lots in this area; Kodiak Island Borough Peter Klein June 20, 1991 Page Two B. is suitable for the lot, given the modest lot size and width; C. will create a nonconforming use of the existing duplex residential use for which an exception is now pending. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be designated for Medium Density Residential. The history of this area shows that an amendment to the comprehensive plan redesignated Lots 7A - 18, Block 2, Island Lake Subdivision to B -- Business which is located near the subject property. However, the majority of land around the subject property is zoned B-- Business. Rezoning the subject lot will be no more inconsistent with the objectives of the comprehensive plan the previous rezones to B-- Business around Lot 12B, Block 3, Island Lake Subdivision. The Commission adopted the following findings of fact in support of their decision to approve the exception request: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Continuation of a duplex use on a B -- Business zoned lot would not endanger the public's health safety or general welfare. The site plan submitted with this request shows adequate off - street parking can be accommodated on the lot for both the residential and proposed commercial uses. B. Certain classes of residential use are permitted in the B-- Business Zoning District. Single - family residential is permitted as a conditional use and Multifamily residential is a permitted use. Kodiak Island Borough Peter Klein June 20, 1991 Page Three Duplex residential is not addressed by the code for this district therefore an exception is necessary. As long as all applicable code requirements are met for both residential and commercial development continued duplex residential will be consistent with the general purposes of Title 17 of the Borough Code. C. Due to the fact that surrounding properties are generally used for outdoor storage and nonconforming residential, continued use of the existing duplex on Lot 12, Block 3, Island Lake Subdivision, will not adversely impact other properties or uses in the neighborhood. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. Failure to utilize this exception within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter when you come to our office to obtain zoning compliance for any construction on the lot. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, ) e e /titha.0 L-c) Eileen Probasco, Secretary Community Development Department The Commission took a five (5) minute recess to read the additional information and public hearing notices they received tonight concerning this case. COMMISSIONER COLEMAN MOVED TO GRANT an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non-medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification for up to four (4) days per client on Lots 6 and 10. Block 14 New Kodiak Subdivision; and to adopt the findings contained in the staff report dated June 5, 1991 as "Findings of Fact" for Case 90-030. The motion DIED for lack of a seconded. COMMISSIONER HEINRICHS MOVED TO GRANT a TWO YEAR exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a voluntary, non-medical detoxification facility for up to eight (8) clients which will provide temporary, supervised detoxification for up to four (4) days per client on THE PRESENT STRUCTURE LOCATED ON Lots 6 and 10, Block 14 New Kodiak Subdivision; and to adopt the findings contained in the staff report dated June 5, 1991 as "Findings of Fact" for Case 90-030, subject to the following condition: CONDITION OF APPROVAL 1. There will be a yearly report to the Commission that will report on complaints received and compliance with the specifications of the exception. The MOTION was SECONDED and failed by a roll call vote of 1-3. COMMISSIONER COLEMAN voted NO. SEE ITEM X. REPORTS for further action on this case. 8. (g) ,7-77,,Cas-_----,91.-03-1::-:-::Request -for- a—rezone in.::accor_dance - with rehapter:17-;72 of-the Borough Code,- ResidentlaiIQ-B-- Business; AND-an-Exceptfori fromISection-17:2-1-.0201(permitied Usest, of the:Borpugh7c- pde ,permit-the-preexisting-duplex tthe tol,continue-9n--algt In the -B--Business-2oning-District cPtarmigan:Pass-Street. DUANE DVOFtAK indicated fourteen (14) public hearing notices were mailed for this case and none (0) were returned. Staff recommended approval of this request. - Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. P & Z Minutes: June 19, 1991 Page 7 of 18 COMMISSIONER HARTT MOVED TO RECOMMEND that the Kodiak Island borough Mseinbly approve a rezone of Lot 12B, _Block 3. Island 'Lake Subdivision from R2--Two-family Residential tg 13-Business in accordance with 'Section 17.72.030 of the Borough Code and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact'' for this case. 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two-Family Residential to B--Business is necessary and justified because the B--Business Zoning District permits development that: A. is as consistent with the comprehensive plan as the zoning for surrounding lots in this area; B. is suitable for the lot, given the modest lot size and width: C. will create 'a nonconforming use of the existing duplex residential use for which an exception is now pending. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be designated for Medium Density Residential. The history of this area shows that an amendnient to the comprehensive plan redesignated Lots 7A - 18, Block -2, Island Lake Subdivision to B--Business ,whick is located near the subject property. However, the _majority of land around the subject property is Zoned- B-- Business. Rezoning the subject lot will be no more inconsistent. with the objectives of the comprehensive plan the previous rezones to B--Business around Lot 12B, Block 3. Isla.ndlake Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HARTT MOVED TO GRANT a request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the pre-existing duplex use to continue as a legally perrnitted use on Lot 12B, Block 3, Island Lake Subdivision; and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact" for this case. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate 'conditions or restrictions, will not (A) endanger the public's health. safety or general welfare, (B) be inconsistent with the general purposes and intent • P & Z Minutes: June 19, 1991 Page 8 of 18 of this title-and (C) adversely impact other properties or uses in the neighborhood. - A: Continuation of a duplex use. on a B-- Business zoned lot would not endanger the public's health safety or - general welfare. The site plan submitted with this request shows adequate off -street parking can be accommodated. on the lot for both the residential and proposed commercial uses. -B. 'Certain - classes of residential use are permitted in the . B -- Business Zoning District. Single- family residential is permitted as a conditional • use and Multifamily residential is a permitted use. Duplex: residential is not addressed by the _code for this district therefore an exception is necessary. As :long as all applicable code requirements are met for :.both residential and commercial development - continued duplex residential will be consistent with the general purposes of:Title 17 of the. Borough Code. C. Due to the fact that surrounding properties are generally , used for outdoor storage and nonconforming residential, continued use of the :existing duplex on Lot .12, Block 3, Island lake. Subdivision, will not adversely impact other properties or uses in the'neiglborhood. The motion was seconded and CARRIED by unanimous roll call.vote.. - Case S91 7019. Request for preliminary approval of the subdivision of Lot 1 (remainder), and Lot 2, Block '2, ..Miller Point Alaska Subdivision, First Addition, creating Lots 1A, 1B, 1C, 2A, 2B and 2C, Bi'ock 2, Miller Point Alaska Subdivision, First Addition. 3126 = 3174 Balika Lane. DUANE DVORAK indicated fifty one (51) public hearing notices were mailed for this case and one (1) was returned, stating non - objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Dan Millard appeared before the Commission and asked that some concerns regarding access and drainage be addressed before approval of this subdivision request Scott Arndt appeared before the .Commission. to answer questions, address some of the concerns, and to express support for this request. Gordon Lasky, State of Alaska Department of Transportation representative, appeared before the Commission to answer questions and address some of the concerns expressed earlier. P k Z Minutes: June 19, 1991 ' Page 9 of 18 KODIAK ISLAND BOROUGH BOROUGH ASSEMBLY/CLERK'S OFFICE 710 Mill Bay Road, Kodiak, Alaska-'99615 NOTICE OF REZONE A public hearing will be held, on Thursday, August 1, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Assembly, to hear comments, if any, on the following: Ordinance No. 91-14 Rezoning Lot 12B, Block 3, Island Lake Subdivision From R-2--Two Family Residential To B--Business If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Borough Clerk's Office prior to the meeting. This notice is being sent, to you because our records indicate you are a property owner in the area of interest. If you have any questions about the request, please feel free to call us at 486-5736, extension 234. Your Name: Mailing Address: Your property description: Comments: - _ r 11 AND DATE: TO: FROM: SUBJECT: Kodiak Island Borough CASE: APPLICANT: REQUEST: LOCATION: ZONING: PUBLIC HEARING ITEM VI-E MEMORANDUM June 11, 1991 Planning and Zoning Commission Community Development Department Information for the June 19, 1991 Regular Meeting 91-031 Peter Klein Rezone, in accordance with Chapter 17.72 of the Borough Code, of Lot 12B, Block 3, Island Lake Subdivision from R2-- Two-family Residential to B--Business; AND an Exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the pre-existing duplex use to continue as a legally permitted use. Lot 12B, Block 3, Island Lake Subdivision, 3100 Ptarmigan Pass. R2--Two-family Residential Fourteen (14) public hearing notices were distributed on June 3, 1991. Date of site visit: May 23, 1991 1. Zoning History: The 1968 Comprehensive Plan identifies this area as Residential Unclassified and Unclassified. Lot 12B, Block 3, Island Lake Subdivision was zoned RR-- Rural Residential by Ordinance 80-9-0. The lot was rezoned to RR1--Rural Residential One by Ordinance 83-15-0. The lot was rezoned to R2--Two-Family Residential by Ordinance 83-69-0. 2. Lot Size: 7,231 square feet 3. Existing Land Use: Two-family Residential Case 91-031 Page 1 of 11 P & 2: June 19, 1991 PUBLIC HEARING ITEM VI-E 4. Surrounding Land Use and Zoning: North: Lot 12, Block 3, Island Lake Subdivision Use: Single-family Residential Zoning: B--Business South: Lot 1, Block 1, Miller Point Alaska Sub. 1st Add.; USS 3465, Tract A, Lot 3 Use: Outdoor Storage; Duplex Zoning: B--Business; R2--Two-Family Residential East: Lot 1, Block 1, Miller Point Alaska Subdivision 1st Add. Use: Outdoor Storage Zoning: B--Business West: Tract A, USS 3465 Use: Park Zoning: PL--Public Use Land Comprehensive Plan: The 1968 Comprehensive Plan depicts this area as Medium Density Residential. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: C. By petition of one or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development office, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. 17.72.055 Submission to assembly. A. Within thirty days after the planning commission has acted favorably upon a proposed zoning change in accordance with the above provisions, a report with recommendations shall be submitted to the assembly together with the proposed ordinance. Such recommendations of the planning Case 91-031 Page 2 a 1 1 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI-E commission shall be advisory only and shall not be binding upon the assembly. When an ordinance has been forwarded to the borough assembly, the assembly shall act in accordance with this chapter and notice shall be issued as provided in Section 17.72.070, by the borough clerk. Notice of hearing shall include a description of the protest rights established by Section 17.72.080. B. If the planning commission recommends denial of any proposed amendment, its action shall be final unless the initiating party, within ten days, files a written statement with the clerk requesting that the commission's action be taken up by the borough assembly. COASTAL MANAGEMENT APPLICABLE POLICIES Business Development 1. Natural Features Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Not applicable. This action does not involve excavation or alteration of the shoreline, disturbance of anadromous streams, tideflats or wetlands. 2. Natural Setting. Views and Access Case 91-031 Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago; developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable. This property is not located along the shoreline. Page 3 of 11 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI -E 3. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted . under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. This action does not involve any dredging or filling along the shoreline. 4. Facility Design Developments in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. This action does not involve development in or over the water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non - business properties in order to minimize conflicts between land uses. Consistent: Yes. Business developments located adjacent to non - business properties are required to provide screening as determined to be suitable by the Planning and Zoning Commission. Commercial parking areas adjacent to residential zones or existing uses are required to have screening as specified in the Borough Code. Case 91 -031 Page 4 of 11 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI-E 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative, this category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: 7. Wetlands Not applicable. This action does not involve accessory development. Filling and drainage of water bodies, floodways, backshores or natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action does not involve filling or draining of water bodies, floodways, backshores or natural wetlands. COMMENTS The purpose of this request is to investigate the possible rezone of a lot in the R2--Two-Family Residential Zoning District to B--Business. This lot is one of two lots currently in the R2--Two-Family Residential which are surrounded by the B--Business Zoning District on all sides not bounded by right-of-way. Staff also notes that Lots 7A - 18, Block 2, Island Lake Subdivision, are also in the B--Business district. Tract A, USS 3465, across Ptarmigan Pass Road, is located in the PL--Public Use Land Zoning District which permits a number of institutional and public uses other than the existing park use. Staff is not able to determine exactly why this lot and adjoining Lot 3, Tract A, USS 3465, are in a residential zone when all the surrounding lots are in the B--Business Zoning District. The owner of Lot 3, Tract A, USS 3465 has not requested a similar rezone, however, the Commission may wish to consider including that lot with this request Case 91-031 Page 5 of 11 . P & Z: June 19, 1991 PUBLIC HEARING ITEM VI -E If the Commission recommends a rezone to the assembly as requested, the applicant has requested an exception to address the pre - existing duplex on the lot so that it will not be left in nonconforming status. The first part of this staff report will address the rezone request, the second part of the report will address the exception request. Issues to be considered in evaluating this rezone request include conformance with the comprehensive plan, land suitability, recent development trends in the area, and traffic impacts including adequate access and offstreet parking. CONFORMANCE WITH THE COMPREHENSIVE PLAN: The 1968 Comprehensive Plan designates this area for Medium Density Residential development. Staff notes that Lots 7A -18,. Block 2, Island Lake Subdivision have been redesignated B -- Business in an amendment to the original comprehensive plan (Ordinance 80- 42 -0). While this request does not appear to be consistent with the comprehensive plan on the surface, it appears to be more appropriate in the context of the surrounding land which has already been rezoned to B-- Business. Many of these previous rezones are likewise inconsistent with the comprehensive plan designation. It appears that the 1968 Comprehensive Plan is out of date for this area. ZONING /USE: The current use of the property is duplex residential. This use would become nonconforming if the rezone request is approved. While the code allows for . single - family residential in conjunction with a business (in the same structure), and the code also allows for multifamily residential in a B -- Business Zoning District, the code does not permit duplex residential. Should the rezone be approved, the applicant has requested an exception to permit the duplex use to continue indefinitely, without the usual limitations placed on a nonconforming use by Chapter 17.36 (Nonconforming Uses and Structures) of the Borough Code. LAND SUITABILITY: The land is relatively flat with a slight slope towards the Ptarmigam Pass Road. The land appears to be suitable for B -- Business development considering the relatively modest lot size of 7,231 square feet and lot width of 84 feet. Case 91-031 Page 6 of 11 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI-E RECENT DEVELOPMENT TRENDS IN THE AREA: There has not been any new commercial development in this area according to departmental records. The surrounding commercial lots have been used primarily for outdoor storage and nonconforming residential uses. A new duplex has been developed on adjacent Lot 3, Tract A, USS 3465. Potential impacts to this.new duplex can be mitigated by appropriate screening. Staff notes that professional offices are a permitted commercial use for structures in the R2--Two-Family Residential Zoning District, therefore, it is possible that the eventual use of the new duplex will not be incompatible with surrounding commercial uses. TRAFFIC IMPACTS: Traffic may be marginally increased as a result of commercial development on the subject lot, however, after looking at the potential for development on surrounding commercial lots the additional traffic generated by activities on this one lot will relatively minor in comparison. SUMMARY The 1968 Comprehensive Plan does not accurately reflect the predominate development trend of land use and zoning in this area for commercial purposes. The existing duplex on the lot will become nonconforming, however the applicant has requested an exception for this continued use should the rezone be approved. Although the lot area is rather modest, the lot is relatively flat and appears suitable for a small scale commercial development. A new duplex has been developed on an adjacent lot. While potential conflicts between adjoining land uses can probably best be addressed by appropriate screening, it is notable that the duplex has potential use as professional offices which may not be incompatible with surrounding commercial development. Other commercial property in the area is primarily used for outdoor storage and nonconforming residential uses. Traffic impacts to the surrounding area will be negligible. Case 91-031 Page 7 of 11 P 8E Z: June 19, 1991 PUBLIC HEARING ITEM VI-E FINDINGS OF FACT Section 17.72.020 states that the Commission shall incorporate the following criteria into their report to the Assembly: 1. Findings as to the Need and Justification for a Change or Amendment. The rezone of Lot 12B, Block 3, Island Lake Subdivision from R2--Two- Family Residential to B--Business is necessary and justified because the B--Business Zoning District permits development that: A. is as consistent with the comprehensive plan as the zoning for surrounding lots in this area; B. is suitable for the lot, given the modest lot size and width; C. will create a nonconforming use of the existing duplex residential use for which an exception is now pending. 2. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The 1968 Kodiak Island Borough Comprehensive Plan shows this area to be designated for Medium Density Residential. The history of this area shows that an amendment to the comprehensive plan redesignated Lots 7A - 18, Block 2, Island Lake Subdivision to B--Business which is located near the subject property. However, the majority of land around the subject property is zoned B--Business. Rezoning the subject lot will be no more inconsistent with the objectives of the comprehensive plan the previous rezones to B--Business around Lot 12B, Block 3, Island Lake Subdivision. COMMENTS - EXCEPTION The purpose of this request is to permit the continued use of a duplex residential use in the event that a pending request to rezone from R2--Two- Family Residential to B--Business is approved. Normally, in the event of a rezone of this type the duplex would become a nonconforming use and would eventually be phased out in favor of commercial development. The Borough Code does allow for single-family residential, if a conditional use permit is Case 91-031 Page 8 of 11 & Z: June 19, 1991 PUBLIC HEARING ITEM VI-E approved and the use meets certain standards specified by the code. The B-- Business zone also allows for multifamily residential, which is defined in the Borough Code as three or more dwelling units. Duplexes fall somewhere in between these to examples and require an exception to become a permitted use. Generally, the code views commercial and residential land uses as somewhat incompatible as evidenced by the requirements for screening and the need to obtain conditional use permits for residential uses in B--Business zones. However, there are numerous examples where apartments have been incorporated with commercial development very successfully, such as in the downtown core area where apartments have been traditionally located above first floor businesses. Staff does not see a problem with this particular request because the residential units in this case are under the direct control of the property owner/applicant. The applicant has submitted a site plan showing the planned conversion of a new addition to business use. A parking plan is included showing how the parking would be redesigned to meet the current code requirements. Screening is proposed to be the naturally occurring vegetation (Spruce trees). If the Commission feels that the screening is adequate, formal approval of the screening would still need to be scheduled for an appearance request at a subsequent meeting due to the fact that it was not advertised as part of this overall request. In order to grant an exception the Commission must find that the use proposed meets all of the following: FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Continuation of a duplex use on a B--Business zoned lot would not endanger the public's health safety or general welfare. The site plan submitted with this request shows adequate off-street Case 91-031 Page 9 of 11 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI -E parking can be accommodated on the lot for both the residential and proposed commercial uses. B. Certain classes of residential use are permitted in the B -- Business Zoning District. Single- family residential is permitted as a conditional use and Multifamily residential is a permitted use. Duplex residential is not addressed by the code for this district therefore an exception is necessary. As long as all applicable code requirements are met for both residential and commercial development continued duplex residential will be consistent with the general purposes of Title 17 of the Borough Code. C. Due to the fact that surrounding properties are generally used for outdoor storage and nonconforming residential, continued use of the existing duplex on Lot 12, Block 3, Island Lake Subdivision, will not adversely impact other properties or uses in the neighborhood. RECOMMENDATION - REZONE Staff recommends the Commission forward this request to the Assembly with a recommendation for approval. RECOMMENDATION - EXCEPTION If the Commission approves the rezone request, staff recommends approval of this exception. APPROPRIATE MOTION - REZONE Should the Commission agree with the staff recommendation, the appropriate motion is: Case 91 -031 Move to recommend that the Kodiak Island Borough Assembly approve a rezone of Lot 12B, Block 3, Island Lake Subdivision from R2 -- Two - family Residential to B -- Business in accordance with Section 17.72.030 of the Borough Code and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact" for this case. Page 10 of 11 P & Z: June 19, 1991 PUBLIC HEARING ITEM VI -E APPROPRIATE MOTION - EXCEPTION Should the Commission agree with the staff recommendation, the appropriate motion is: Case 91 -031 Move to grant a request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the pre - existing duplex use to continue as a legally permitted use on Lot 12B, Block 3, Island Lake Subdivision; and to adopt the findings contained in the staff report dated June 11, 1991 as "Findings of Fact" for this case. Page 11 of 11 P & Z: June 19, 1991 L T12B,BL ISLAND LgE ELECTRI 4.1.....41.10,"- KOD AK ALA A P.O. Box 1324 • Kodiak, AK 99615 • (907) 486-5004 • Fax 486-6884 May 16, 1991 Planing and Zoning Commission 710 Mill Bay Rd. Kodiak, AK 99615 Planing and Zoning Commission: mr.cerks I am requesting a change from R2 to business with a for duplex residential use because it is more consistent with the surrounding zoning. I am bounded on the back and one side with business zoning and across the street the entire block is business zoning. I believe my business meets the requirements of a home occupancy, but it seems prudent to eliminate any questions by having it re-zoned business. The wording of the ordinance allows for there to be some question in some peoples minds as to whether my business meets all the rmlirements of a home occupancy. Rather then request a vatt4G-e. for business use in a R2, I am requesting to re-zone to business consistent with the majority of the bounding property lines and request a v-a.4.-afiee for my existing home and apartment. enc. • or CO toTt e" QOper:. .sy A. Eck!und St ° F D, 1339 >S sk .9��Rye. e. °...•dal 94 �01FESSIdi1A‘,\ ' 1 LOhereby certify that 1 have surveyed the following described property: T /2 B, BLOCK 3 Icla.id G.a�t� 5i bd. . U. 5.5 urevE and that the improvements situated thereon arc within the property lines and do not overlap or encroach on the property lying adjacent .thereto, that no improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways. transmis• sion lines or other visible easements on said property except as indi• cited hereon Dated this 27 of 7p71. ROY A. ECKLUND Registered Land Surveyor 1 Drawn by: Date: ?.7 5&PT.. t „ • - 446 �A ■ ) 0-'0 el,o1).\"?o r• - • o { Vl I Se, xc5 bus t V\ -255 •�� — &-cC e 5 5 V &G A joPe;,)c :• • fi • ':.: :. • VIE CREST a • p : ::z: . "••.'.'.'. .•.•.• .� -- f . • . • _..:f••-..• ... . a c8•••o' a � _ . •W•01.,,• 'V • ,• Itt- L (u5 j --ess rte, p,2-s . .• K :• ra- • S. -$) I ' ` \;`.• `T� •.. 4 • ��/ • P ,/ • 4• .6 .4 • d v c• • d 6 • • 9ov26 Peter Klein Klein Electric P.O. Box 1324 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 May 30, 1991 RE: Case 91 -031. Request for a rezone, in accordance with Chapter 17.72 of the Borough Code, of Lot 12B, Block 3, Island Lake Subdivision from R2- -Two- family Residential to B-- Business; AND an Exception from Section 17.21.020 (Permitted .Uses) of the Borough Code to permit a pre- exzisting duplex use to continue on a lot in the B-- Business Zoning District. 3100 Ptarmigan Pass Street. Dear Peter: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their June 19, 1991 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, June 12, 1991, at 7:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486 -5736, extension 255. Sincerely, Eileen Probasco, Secretary Community Development Department r r 1 KC.AAK ISLAND BOROL H COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -E PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, June 19, 1991. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 91 -031. Request for a rezone, in accordance with Chapter 17.72 of the Borough Code, of Lot 12B, Block 3, Island Lake Subdivision from R2 - -Two- family Residential to B-- Business: AND an Exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit a pre-ex-Listing duplex use to continue on a lot in the B-- Business Zoning District. 3100 Ptarmigan Pass Street. (Peter Klein) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you have any questions about the request, please feel free to call us at 486 -5736, extension 255. Your Name: Mailing Address: Your property description: Comments: CASE 91 -031 LET 12B1 BLK 3 XSLAND LRKE S�BD PUBLIC NTEE RA 50 FEET FRAM EXTER1R LET LINES 6 P7425301Z9 6 7 8 9 nONALD P.O. 30X 1 KODIAK AK 99615 10 ---Ka1-9735717E R742503j123 11 P.O. BOX 1324 12 KODIAK AK 99615 13 14 is 16 18 7 42 5 J2 0 0 7 Q 19 ARNDT/SCOTT E BETH 20 P.O. 3nx 499 KODIAK AK 99615 231 24 25 R7425.03,J060 DICK,MATTHEW E NARY 386 PROSPECT ST (C-3 NEW HAVEN CT 0b511 '7425031/4)090 LANDERS/JAAES & JURIE P.O. BOX 934 DRAIN OR 97435 R7425030100 ARMDTcOUNALD P.O. LOX 1066 KODIAK AK 99615 55 56 57 58 59 60 ARNDivccOTT C BETH P.O. BOX L, KUO AK 99615 R74250.2_0-439 2 5 61 7 8 7555016021 SAANSuripoUNALJ L c0X 2565 KODIAK AK 99515 MASEW1CZ TALIMARTTN H JULIE .41-1ITE P.O. BOX 1501 RENTAL KODIAK AK 99615 1 1 2 P.75 650 300 R7565030020 WELBOmN CONSTRUCTION RUSSELL WELBOrtN P•O. BOA 6-',4 2 — KDOikK AK 99615 2 2 R7405030060 4RNOT,0SCOTT SETH P. 2 20X 489 AK 99615 ARNIDT7CD1 P.O. 60X KOD 5.j300i0 K 99615 R7395000010 --7ToTTaa:Tw AARJORY P.O. B9X 3049 KUD1AK 53 54 55' 56 57 58 59 60' AK 99615 R7425010100 EFETSJA,Id0 P.O. 30X 3907 KODIAK AK 99615 74253101i0 ARRUT73KElt P.O. BOX 2069 KrinTAK AK 99615 ARNDT15iNFea P.O. 60X 20 KODIAK 11 12 13 14 15 16 7 8 9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 R7425010122 AK 9961S 010021 .... .._ . _ . __ P.O. r0X ' . ' KODIAK AK 99615 ' . R 010010 ARNO i OUNA L ?.fl. an- lu.?6 K IAN 9V619 P. ...) 010021 . ARNO .s.'i-NALu P.O bOX i L. I KODI AK AK 9.9615 . .. , R7535010031 PASTOR1 FRANK P.04 BOX 2673 KODLAK AK 99615 . . " 020011 ARN01-, rOTT E. P .0. bOX KOD' - A/. 99615 52 53' 54' 55 56 57 R7535020020 58 ARNOT,SC1'1 T 59 P .0. 4-89 60 1.) A K - 415 APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANY - CITY OF KODIAK - KODIAK ISLAND BOROUGH - BUILDING DEPARTMENT Telephone: 486 -8070 700 Mill Bay Road INES. PLEASE PRINT. USE A BALLPOINT PEN AND PRESS FIRMLY.) (OFFICE USE ONLY) STREET ADDRESS: CLASS AND SCOPE OF WORK: SPECIFICATIONS: BUILDING PERMIT NUMBER: DATE OF APPLICATION: LOT : BLOCK : NEW DEMOLITION FOUNDATION FOOTINGS STEM WALL PIERS ZONING COMPLIANCE : DATE ISSUED: ALTERATION REPAIR TYPE SUBDIVISION / SURVEY: ADDITION MOVE DIMENSIONS VALUATION BASIS: BUILDING PERMIT FEE: DEPTH IN GRND VALUATION: PLAN CHECK FEE: -■...NAME: D 111° E R USE OF BUILDING AUTHORIZED BY THIS PERMIT: REINFORCEMENT BOLT SPACING OCCUPANCY GROUP: TOTAL FEE: CRAWL SPACE HEIGHT INCHES MAILING ADDRESS: A B E H I M R DIV. 1 2 3 4 5 6 CRAWL SPACE VENT SQ. FEET RECEIPT NO.. CITY & STATE: SIZE HEIGHT STRUCTURAL SPECIES & GRADE SIZE SPACING SPAN EACH OF THE FOLLOWING STAGES OF CONSTRUCTION REQUIRES INSPECTION BE REQUESTED & COMPLETED PRIOR TO PROCEEDING WITH ANY FURTHER WORK: FOR INSPECTION CALL 486 -8070 NO. OF ROOMS STORIES TELEPHONE : NO. OF FAMILIES GIRDERS TYPE OF BUSINESS GIRDERS A R C H / E N G NAME: NO. OF BLDGS NOW ON LOT JOISTS 1ST FLOOR USE OF EXISTING BLDGS JOISTS 1ST FLOOR TYPE OF CONSTRUCTION JOISTS 2ND FLOOR I II III IV V N 1 -HR FR H.T. SIZE OF LOT ~ WATER: PUBLIC , PRIVATE JOISTS 2ND FLOOR CITY & STATE: SEWER: PUBLIC PRIVATE CEILING JOISTS EXCAVATION _ INSULATION TYPE & THICKNESS: EXTERIOR WALLS rBEARING WALLS TELEPHONE • FOUNDATION UNDERGROUND UTILITIES INTERIOR WALLS DRIVEWAY PERMIT: FOUNDATION / SETBACKS SUBMITTED FRAMING STATE LICENSE : WALLS ROOF RAFTERS ROOF / CEILING TRUSSES APPROVED ROUGH ELECTRICAL C 0 T R A NAME: SHEATHING TYPE & SIZE: FURNACE TYPE: ROUGH PLUMBING ADEC APPLICATION: FINAL FLOOR SUBMITTED DATE C.O. ISSUED: WOOD HEATER YES NO TYPE MAILING ADDRESS: FINAL APPROVAL WALLS ALASKA FIREMARSHALL REVIEW: SUBMITTED: APPROVED: CITY & STATE: ROOF I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILDING CONSTRUCTION APPLICANT: C TELEPHONE : 1 FINISH MATERIAL: ROOF . t '12,, >r; • Y '.j,j (.41 - 't"`^ -$ APPROVED— BUILDING OFFICAL: 0 STATE LICENSE R EXTERIOR SIDING �, N, INTERIOR WALLS J-. NOTES: KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Rm 204), Kodiak, Alaska 99615 -6340 - Phone: (907) 486 -5736, ext. 255 or 254 ZONING COMPLIANCE PERMIT Permit #: 6Z- q f (o 1. Property Owner/Applicant: W {�� k 1 2.c.1� Number and size of parking spaces required (onsite identification of parking spaces is required - Yes:�No: `� r ' --((�� Mailing Address: V2 )6 (.3 2'f' tzec ci Phone: 00 1 Q — 5 ``.-,.. ` �. -c.L.,1 [20\,- .S 2.1 " 2. Legal Description: 1^ c'# «7— 6 )1 C-I ( t\L' tL 2) ��,,,�P L_,-, k.. c .t, Off-street loading requirement:. / / ff f 04 (/4 l ✓i'iU Wl Ciro— f .- Street Address: GO Pi-c-- f–.4,‘ t c, ,.,1,,- t t~3S Tax Code #: 0„. 14 Z 6-0.3 (9( 7 Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): ill CJ 3. Description of Existing Propertyicurrentzoning:, !) -- el: siou'ess I Minimum Required Lot Area: t' Width: ! J A 1 Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): / l /�°t7 Actual Lot Area: y, 1 Width: S- (( Minimum Required Setbacks: Sides: A..)4 7 ,/� ont: t V Rear: A/ kCT Coastal Management Program Applicable Polices (check appropriate category) - Residential: ? Business:4 Maximum Building Height: 5 Industrial: Other (list): (j Use and size of existing structures on the lot: i/ iS .(L� �/ Is the proposed action consistent with the KIB Coastal Management Program? - Yes: /\ No: If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No:_..G_� /� (' a 4. Description of proposed action (attach site plan): l'c..=�Y\ eV , o__. 'c2C�� j a p .fi P`, ,r 44 , :. d - Q t~ii / . f. — _ �� Jill„V 1-1a O � - ... — rl V_� —.t- _ -gin � c/ /7 ,�, -,.. 0 f�,c %� �,.e _ O�io .. e2 ( — 0 5. ?p l icantrtification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to'have t ent fable comer kers sin lace in the-feld for verification of setbacks. r By: ` %/ 0 fr)G1-2M-tom ' .•'' �f� -�� Date: / Tide: v ' /f Su� rting documentsattached (check): Site plan: uiIt survey: 0 r (list}: r'�l�- i�� i . P I — d 3 rr(�Cs 1 J 6. Community Development staff for zoning, by: r �.�,-;-,__ -_ „� L ;��. Date: / I Z Title: G a e.:Ge -- v Z i!/- 7. Fire Chief (City of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10.207 and 10.301C) by: Date: B. Driveway Permit (State, Csty of Kodiak, Borough) issued by: Date: 9. Septic system PLAN approved by: Date: itribution: File / Building official /ApplicantTHIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED June 1991 KODIAK ISLAND BOROUGH Community Development ZONING COMPLIANCE PERMIT Permit #: 710 Mtil Bap Road (Roan 204), Kodiak, Alaska 89615-6340 - Phone: (907)486-5736, extension 255 or 254 . Property Owner /Applicant: 1� E---/--1-2____ • r .._) Mailing Address: ?D • ' / 3 -- Si lA'IC Phone: ((e{,-,— _c37:1 7 . Legal Description: Lt /Z 3 < inch 3 2 s6=4.1_44 Cat -Ap ,Ct,t Street address: 5 (b O rl - f -e ; n ,, Tax coded: fi 7 y ��(� 3 G7 / Z3 Description of Existing Prop�rtyicurrentzoning: t- 2._ Minimum Required Lot Area: 02 ere Width: God l Actual Lot Ares '7 i Width: g y i Wnlmum Required Setbacks: Sides: r Front: Maximum Building Height: Use and size tinkling structure* on the lot Rear. (0 Dupe Number and size of parking spaces required (ensile identification of parking spaces is required - Yes: A10 ) Off- street loading requitement: illy Plat related requirements (e.g., plat notes, easements, subdivision conditions, eta): Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): Coastal Management Program Applicable Polices (check appropriate category) - Residential: K Business: Industrial: Other (list): Is the proposed action consistent with the KB Coastal Management Program? - Yes: )( No: II the proposed -action confllets with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conlIict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: Description of proposed action (attach site plan): 30 X . Applicariitfertificati I agree to : e yfSntY_• ' a come 1 reby ceRify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I for seri fioation of setbacks g documents attic ed (check): Site plan: As:built survey: Other (list): Date: .5' / Title: e",ldit.€� —� . Community Development staff for zoning, by: Date' Title: ! /e A 71,e.A Fire Chief (City of Kodiak, Fire District 91 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10207 and 10.301C) by: Date: Driveway Permit (see, City d Kodiak, Borough) issued by: Date: 9. Septic. system PLAN approved by: ate: 11 c_SK 1L,o, ri,4D-60 ,P3A,oci( PN,Eii4-6.-3(2)i.,_ ocx Kni4a-6b]o •.-6D\0 3S0(aatO c DO D-oo bD-DbD-0 .O1DQ t0GD r36\0 3c)a-s'J CC° op co -aq5D__coo SF 91- 1 3, BL ISAAC L4<E 31 C S3 3 PJBLJC \ TI:E AREA 35: EET FR EXTERT R 1 i LJ\ ES STATUTORY WARRANTY DEED • The Grantors, DUANE H. FREEMAN and NANCY L'. FREEMAN, whose address 'is Y.O. BOX 912 Kodiak, AK. 99615 , for and in consideration of the sum of Ten Dollars and other good and valuable consideration in l hind paid, convey and warrant to PETER KLEIN, an unmarried man, whose address E.O. Box 1324 , Kodiak, AK. 99615, the following described real property: LOT TWELVE "B" (12 -B), BLOCK THREE (3), ISLAND LAKE SUBDIVISION, according to Plat 73 -12, located-in the Kodiak Recording District, Third Judicial District, State of Alaska. Subject to easements, restrictions, reservations, and covenants of , record. �.._ . DATED this 6th day of HAY , 1991. GRANTORS: DUANE H. FREEMAN , .PLC, NANCY L. PREEMAN State of Alaska Third Judicial District ss. } This is to certify that on this 6th day of MAY 1991, before me, the undersigned, a Notary Public in and for the State of Alaska, personally appeared DUANE H. FREEMAN and NANCY L. FREEMAN to me known and known to be the individual(s) described in and who executed the within instrument and acknowledged they signed and sealed the same freely and voluntarily as their own act and deed for the uses and purposes therein mentioned. DATED at KODIAK* above written. Return to: PETER KLEIN n P.O. Box 1324 3 r g Kodiak, . AK 99615 �$ x , Alaska the day, month and year herein last lt.C_t Notary \ublifc iii and or A aska My .Commision expires: 12 -12 -93 )DIAK ISLAND BOROUGH COMMUNI`Y DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM.204, KODIAK, ALASKA 99615 - 6340,.(907) 486 -5736 The application fee for all Items covered by this form la fifty dollars (550.00), except as otherwise noted. Conditional Use Permits, Exceptions, and Variance applications also require the submission of a site plan. Applicant Information Property owner's name: PETER P. KLEIN Property owner's mailing address: P . O . BOX 13 24 City: KODIAK State: AK Zip: 99615 Home phone: 486 -5004 Work phone: 486 -5004 If applicable, Agent's name: N/A Agent's mailing address: N/A City: N/A State: N/A Zip: N/A Home phone: N/A Work phone: N/A Property Information Legal Description: LOT 12B BK 3 ISLAND LAKE SUBDIVISION Present use of pr Proposed awe, of property: Applicant Certification 1, the applicant/authorized agent, have been advleed of the procedures intro ith this request and have recleved a copy of the appropriate regulatl• Authorized Agent's Signature Date op wry-- Owns s Signature Date STAFF USE ONLY Code Section(s) Involved: ( T (A_ c-4 C(Ae Conditional Use Permit Variance Other (e.g., appearance requests, etc Zoning ch . ng = from Application accepted: non-fee Items Exception Title 18 Review Staff signature to 6 Date accepted -03t ,0.0003008 ,o° • 4S 5-. 0 &c- e`5 `(t\ P po ri8 -4 5 H r ■ oR_ a ii its 36c, t,f17 cwt It; U N1f bv� kem (;co s� 3 zzis c ( i3' °C y 18' $tu C 0-c47 e6),)-(2--X-6/ Ctit vutei M (`-- S-7, off Set-g.ecJ-- Aee_ _ ve/z- i7 57 o`to 0 2 ea 7(& \ F 36o s� �!w 'v I bb0 6oLD F tally( 7-egt/i1-2-ed to; -zy -13 ?/- Z