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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 0/"AeFeza-r) LOCALITY CLASS OF WORK NEW DEMOLISH ALTERATION REPAIR NEAREST CROSS ST. CC u.i 0 1• U CC W I- W Z NAME / Ow 1.4 eLd'e i MAIL ADDRESS .7-, f ADDITION USE OF BUILDING SIZE OF BUILDING MOVE BUILDING PERMIT NO. DATE ISSUED HEIGHT NO. OF ROOMS NO. OF FLOORS CITY TEL. NO. kcLck --tg777 NAME NO. OF BUILDINGS VALUATION 11; 000 BLDG. FEE PLAN CHK. FEE TOTAL 00 ec NO. OF BUILDINGS NOW ON LOT BUILDING NO. OF FAMILIES ADDRESS SIZE OF LOT 5o x 8:5, • C TY USE OF BLDG. NOW ON LOT SPECIFICATIONS STATE LICENSE NO. FOUNDATION 1- () z cc .0 NAME MATERIAL EXTERIOR, PIERS UMBING E ECTR FOUNDATION ROUGr..ie ROU FRAMPLASTER V 53;,.24, FLUES FINAL FINIS F IX6RE IDTH OF TOP A DRESS I DTH OF BOTTOM CITY DEPTH IN GROUND STATE LICENSE NO. SUBDIVISION 74- Allicisl,,Y2 0 #1 R.W. PLATE (SILL) SPA._ SPAN GIRDERS JOIST 1st. FL. JOIST 2nd, FL. OT NO. B LK. OIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, 11, Itt, IV VI .2: Occupancy Group A, B, C, D, E, F, G, • -- 3. Fire Zone 'v. I, 2, 3; 4, INTERIOR STUDS q ROOF RAFTERS EAR NG WA COVERING EXTERIOR WALLS ROOF INTERIOR WALLS EROOFING LU ES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all C•ty Ordinances and State Laws reg1 ting bui ding construction. Applicant ortc2ie-d 1.15 )0 6.7 CT 1.0 A4 ci/9/ 9a oi 0 1'1 f-E-- 97/ VP).- uft 1-1 e-5 • 0 r: AL-- AJS c tc)PJ S kyle4d a_ de,{-€.c.tlY■c.. n..) A., S t-Pt L.L . p A 12.1-LN AL- Approved: CHIEF BUILDING OFFICAL (70:_ae By: 3N17 J1/41a3dO Jd A PLOT PLAN 3NI1 AIH3dO2id STREET 1 ZONING DISTRICT PLANNING & ZONING INFO. TYPE OF OCCUPANCY -77.4.,,, g ‘244,1,1.41. NUMBER OF STORIES 41(.15,71bt.t.. OTAL HT. 1„ AREA OF LOT 11, 1, S:0 . FRONT YARD SETBACK FROM PRO . Lit SIDE YARD SETBACK FROM PROP, LINE REAR YARD isioL2- ?: ti t-x Is 1-11,,j_ Approved: ZONING ADMINISTRATOR By A:" th etelk 71/14iito- .`o . ------- .. . _ . . . - - - . : . ... . . ,.• L • . .. ,...-4 !-,----- ....." • . . ... , . . . • • :. . . . . . i / . • . _ . , . ' ''.....—..-..' . *rt . , . 9 . . , . • . :, • , "—. o.--. ' 1 . . ...- E'..1r GN, - • . — .. 4- - ...4 t I , .. . i}-1:2 - . , ...vi 1....o.........7..—.F.* ; ■..... .1,4 . Le . ' .. . -.!..f. 4.1 II -. _ . .. ..... - • . . . . . . 1..• R . , , .. _ • . ; I -.. • w . . , . - x zr si ..:..,„ . . .. . . 1 • . , i . ----1 . • j---, ' 'i• 1 , .. . . . .. . . _ , _ -. . . I' ...... . . . . ! . . 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 TOPS FORM 3002P IL ,CIRTANT MESSAGE) fl fl ' 2 A.M. DATE, TIME P.M. - [ "ORTANT MESSAGE) FOR id( PHONE 13/)((A V/idi AREA CODE NUMBE EXTeENS6 A.M. DATE, TIME P.M. 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