EAST ADD BK 32 LT 8 - Administrative DecisionLola Harvey
Box 3001
Kodiak, Alaska 99615
Kodiak Island torough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
November 20, 1986
RE: Request for Planning and Zoning Commission review of an administrative
determination that the Kodiak Island Borough will not pursue
enforcement or request removal of 'a third dwelling unit in a structure
located on a lot zoned R2--Two-Family Residential. Lot 8, Block 32,
East Addition; 1014 Rezanof Drive East.
Dear Ms. Harvey:
The Kodiak Island Borough Planning and Zoning Commission at their meeting
on November 19, 1986, concurred with the administrative determination that
the Kodiak Island Borough will not seek removal of or pursue enforcement
action against the third dwelling unit in the structure located on a lot
that is zoned R2--Two-Family. Residential cited above and adopted the
following findings of fact in support of their decision:
FINDINGS OF FACT
1. The property owner obtained a building permit and expended
considerable funds, in reliance on the permit, to convert the
structure into a triplex.
2. The property owner has been assessed as and paid utility charges on a
triplex since 1982.
3. There is adequate parking onsite for the three units.
4. No substantial public purpose would be served in enforcement action
against this property.
If you have any questions about the action of the Commission, please
contact me.
Sinc ely,
obert H. ederson, Associate Planner
Community Development Department
cc: /Case File
Susan Norton, First National Bank of Anchorage
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - NOVEMBER 19, 1986
I. CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:30 p.m. by Chairman Steve Rennell on November 19, 1986
in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Steve Rennell, Chairman
Robin Heinrichs
Marlin Knight
Mary Lou Knudsen
D.L. Smedley
Scott Thompson
Others Present:
Linda Freed, Director,
Community Development Department
Bob Pederson, Associate Planner,
Community Development Department
Patricia Miley, Secretary,
Community Development Department
Commissioners Absent:
Mike Anderson, Excused
A quorum was established.
III. APPROVAL OF AGENDA
Staff reported the following additions to the agenda:
VIII NEW BUSINESS
A) Memo from the Community Development Department, dated November
19, 1986, re: Investigation of a drainage plan for the Selief
Lane area.
IX COMMUNICATIONS
E) Copy of a letter from Rowe D. Redick, Alaska Department of
Transportation and Public Facilities, to Dave Crowe, dated
November 5, 1986, re: Line of sight at Bay View Drive /Rezanof
Drive East intersection; and a copy of the letter of response,
Dave Crowe to Rowe D. Redick, dated November 13, 1986.
COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the above
additions. The motion was seconded and CARRIED by unanimous voice
vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the Planning and
Zoning Commission regular meeting of October 15, 1986 as presented.
The motion was seconded and CARRIED by unanimous voice vote.
V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) Request for Planning and Zoning Commission review of an
administrative determination that the Kodiak Island Borough will
not pursue enforcement or request removal of a third dwelling
unit in a structure located on a lot zoned R2 -- Two - Family
Residential. Lot 8, Block 32, East Addition; 1014 Rezanof Drive
East. (Lola Harvey)
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER HEINRICHS MOVED TO CONCUR WITH the administrative
determination that the Kodiak Island Borough will not seek
P & Z MINUTES 1 NOVEMBER 19, 1986
removal of or pursue enforcement action against the third
dwelling unit in the structure located on a lot that is zoned
R2 -- Two - Family Residential and to adopt the four findings of fact
as outlined in the staff report. Lot 8, Block 32, East Addition.
The motion was seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. The property owner obtained a building permit and expended
considerable funds, in reliance on the permit, to convert
the structure into a triplex.
2. The property owner has been assessed as and paid utility
charges on a triplex since 1982.
3. There is adequate parking onsite for the three units.
4. No substantial public purpose would be served in enforcement
action against this property.
B) Request for Planning and Zoning Commission review of a previously
approved variance that permitted ten (10) zero -lot -line or
"townhouse" dwelling units to have the common -wall side yard
setback abated on both side property lines instead of only one
side property line. The applicant requests the option of
constructing the units with only one side yard setback abated,
thereby creating detached zero - lot -line units on Lots 2A through
10A with the unit on Lot 11A being a free standing unit. Lots 2A
through 11A, Block 2, Alderwood Subdivision; 1314 through 1325
Mylark Lane. (Kodiak Properties, Inc.)
COMMISSIONER KNUDSEN MOVED TO GRANT A request for optional design
of eight (8) zero -lot -line structures that will have one side
yard setback abated and be constructed in a "detached
zero -lot- line" concept and to adopt the findings outlined in the
staff report dated November 10, 1986 as findings of fact for this
case. Lots 2A through 9A, Block 2, Alderwood Subdivision. The
motion was seconded.
A discussion ensued amongst the Commissioners, Community
Development Department staff and Toby Cook.
The question was called and the motion CARRIED by unanimous roll
call vote.
FINDINGS OF FACT
1. The optional detached zero -lot -line development concept is
in keeping with the intent of the original variance granted
to the applicant by the Commission on September 18, 1985.
There will be no change in use or density of development
resulting from the optional development form.
COMMISSIONER KNUDSEN MOVED TO GRANT A request for optional
construction of two (2) zero - lot -line structures that will have
one side yard setback abated and be constructed in a "detached
zero-lot-line" concept. Lots 10A and 11A, Block 2, Alderwood
Subdivision. The motion was seconded and FAILED by unanimous
roll call vote. Commissioners Smedley, Knight, Thompson,
Heinrichs, Knudsen and Rennell voted "no."
COMMISSIONER KNUDSEN MOVED TO ADOPT the findings of fact
contained in the staff report dated November 10, 1986. The
motion was seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. The proposed design for Lot 11A will not meet the intent of
Chapter 17.34 of the Borough Code, nor the intent of the
original variance granted to the applicant, because it will
P & Z MINUTES 2 NOVEMBER 19, 1986
Lola Harvey
Box 3001
Kodiak, Alaska 99615
L
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486 -5736
November 13, 1986
Request for Planning and Zoning Commission review of an administrative
determination that the Kodiak Island Borough will not pursue enforcement,
or request removal of a third dwelling unit in a structure located on a
lot :zoned R2 -- Two - Family Residential. Lot 8, Block 32, East Addition;
1014 Rezanof Drive East.
Dear Ms. Harvey:
Enclosed please find a copy of the materials, concerning the above - referenced
item, reviewed by the Planning and Zoning Commission at their regularly
scheduled packet review session held Wednesday, November 12, 1986.
If you have any questions or comments, please contact the Community Develop -
ment Department at 486 -5736, extension 255.
Sincerely,
A(711
Patricia Miley Secretary
Community Development Department
enclosures
cc: Case File
Kodiak Island Borough
MEMORANDUM
DATE: November 7, 1986
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the November 19, 1986 Regular Meeting
ITEM V -A
RE:
Request for Planning and Zoning Commission review of an
administrative determination that the Kodiak Island Borough will
not pursue enforcement or request removal of a third dwelling
unit in a structure located on a lot zoned R2--Two-Family
Residential. Lot 8, Block 32, East Addition; 1014 Rezanof Drive
East. (Lola Harvey)
This item, is a request for Planning and Zoning Commission review of an
administrative determination regarding the existing land use on Lot 8,
Block 32, East Addition. At present, the property is zoned R2--Two-Family
Residential and there is a triplex on the lot.
The following is a synopsis that we believe to be the events that resulted
in the triplex being located on a lot zoned R2.
1. In 1982, the owner went to the then City Building Official to obtain a
permit to convert the lower level of the existing duplex .into an
apartment. The lower level was a double-car garage at that time.
2. A floor plan of the unit was provided to the building official. The
plan showed living areas and a kitchen which constitute a dwelling
unit. A copy is attached. No changes in the exterior dimensions of
the structure were proposed.
3. The building official brought the building permit form to the Borough
• building to obtain zoning compliance for the owner. The then planning
director signed zoning compliance for a "basement completion."
• Apparently, a copy of the floor plan was not provided to the planning
director at the time the permit was signed.
4. City of •Kodiak Building Permit #4885 was then issued on May 7, 1982.
Copy attached.
5. The garage was then converted into a dwelling unit.
6. The property has been assessed as a triplex and the owner has paid
utility charges for three units since 1982.
Based on the above events, staff feels it is clear that the owner attempted
to do whatever was necessary to legally establish the third dwelling unit
in the structure. It is staff's determination that since the City of
APPEARANCE REQUEST V-A
1 NOVEMBER 19, 1986 P&Z
ITEM V -A
Kodiak must have known that its issuance of a building permit would be
acted upon by the property owner, that the structure has been used
continuously as a triplex since 1982, that the owner expended substantial
funds in converting the structure to a triplex, and that the owner was
unaware of the illegality of the building permit, the owner would be able
to successfully assert estoppel against an exercise of the police power
should the Borough pursue any enforcement action.
Based on the above, staff has made an administrative determination that the
Kodiak Island Borough will not pursue enforcement action against or seek
removal of the third dwelling unit in the structure located on Lot 8, Block
32, East Addition.
APPROPRIATE MOTION:
Should the Commission agree with the administrative determination, the
appropriate motion is:
Move to concur with the administrative determination that the Kodiak
Island Borough will not seek removal of or pursue enforcement action
against the third dwelling unit in the structure located on a lot that
is zoned R2 -- Two - Family Residential. Lot 8, Block 32, East Addition.
Finding supporting this determination are as follows:
1. The property owner obtained a building permit and expended
considerable funds, in reliance on the permit, to convert the
structure into a triplex.
2. The property owner has been assessed as and paid utility charges
on a triplex since 1982.
3. There is adequate parking onsite for the three units.
4. No substantial public purpose would be served in enforcement
action against this property.
APPEARANCE REQUEST V -A
2 NOVEMBER 19, 1986 P &Z
BUILDING DEPARTMENT CITY / BOROUGH OF KODIAK
Applicant to fill in between heavy lines.
APPLICATION FOR BUILDING PERMIT AND CERTIFICATE
OF OCCUPANCY
UILDING ADDRESS
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HEIGHT
NO. OF ROOMS
NO. OF FLOORS
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NO. OF BUILDINGS
VALUATION
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BLDG. FEE
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NO. OF BUILDINGS NOW ON LOT
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NO. OF FAMILIES
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SIZE OF LOT 5o x 8:5, •
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SPECIFICATIONS
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I hereby acknowledge that I have read
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ZONING DISTRICT
PLANNING & ZONING INFO.
TYPE OF OCCUPANCY -77.4.,,, g
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NUMBER OF STORIES 41(.15,71bt.t.. OTAL HT. 1„
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Lola Harvey
Box 3001
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
November 3, 1986
RE: Requestfor Planning and Zoning Commission review of an administrative
determination that the Kodiak Island Borough will not pursue enforcement
or request removal of a third dwelling unit in a structure located on a
lot zoned R2--Two-Family ReSidential, Lot 8, Block 32, East Addition;
101402.ezanof Drive East.
Dear-Ms. Harvey:-.
Please be advised that the above-referenced request has been scheduled for
. review and action by,the Planning and Zoning Commission at their November 19,
. 1986 regular meeting. This meeting will begin at 7:30 p.m. in the Borough
Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this
meeting is recommended.
The week prior to the regular meeting, on Wednesday, November 12, 1986, at
7:30 p.m. in the Borough conference room, the Commission will hold a
worksession to review the packet material for the regular meeting. You are
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,
Patricia Niley,U Secretary
Community Development Department
cc: Case File
The First National Bank
of Anchorage
October 21, 1986
Kodiak Island Borough
Planning and Zoning Commission
710 Mill Bay Rd.
Kodiak, AK 99615
RE: Lola Harvey
Lot 8, Blk 32, East Addition, Kodiak, AK
ATTN: Bob Peterson
We.are responding to your request concerning Lola Harvey's,
property on the above described. We understand that she has
a triplex home in an R-2 zone. Upon checking into her loan
fbr refinancing further, we found that the investor will
-accept the property to be qualified as a duplex even though
it is a triplex, it's in an..R2.zone. She has also been made
aware that in the future if she sells the home the new buyer
may be subject to maximum financing as a duplex.
-I hope this takes care of all your questions, if not please
don't hesitate to call.
Sincerely,
(-Susan Norton
Mortgage Loan Processor
218 Center Street • P.O. Box 2517 • Kodiak, Alaska 99615-2517
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