KILLARNEY HILLS BK 3 LT 5 - ExceptionKODIAK ISLAND BOROUGH -
COMMUNITY DEVELOPMENT DEPARTMENT
CASE FILE CHECK LIST
Case File No. Assigned g3 -O5-O
Date Application Received Li/943
Type of Application ,Plofiun
Date Site Plan Received y /iql /83
Date Fee Paid y/i9/K3 Amount 50.00
Receipt Number 011lo Person Accepting Appl.
Use Z for Zoning, Variances
and Exceptions
CUP for Conditional Use Permit
LL for Land Leases
V for Violations
0 for all Other cases
Name of Applicant \I n is
Mailing Address R c. ?IblabLo
Name of Legal Owner rt I^
Mailing Address ' ( v
Legal description of Property: Lot(.€' S
Block 3
Subdivision eXa/ n
Square Footage or Acreage of Property is 1L, g5-.3
R )) FD03ov,5-v
Phone A0-9(07h(5-72-w__.
Y `Y9b 7 ()0114--1
Phone
P & Z Public Hearing Date '0 kg ORS
Public Notices Mailed on f •/b)'3 . ow Many? /g
Applicant Notified of P & Z Action on 55/40
Date Date Date Date
Action Summary Approved Denied Tabled 1st Reading
P & Z
Assembly
Ordinance No.
6 /s /0 :WO
Date
2nd Reading
Ordinance Effective Date
6.81
_ .P24 X35 7 793
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CERTIFIED RETurvi RECEIPT REQUESTED
/ KODIAK ISLAND BOROUGH
June 20, 1983
David Minks
Box 3006
Kodiak, Alaska 99615
Dear David:
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
Please be advised that the Planning and Zoning Commission at its June
15, 1983 meeting, denied-your request_for:an-exception to permit the
construction of a tri-plex on Lot-5, Block- 3, Killarney-Hills
Subdivision, for the following reasons:
1. Drainage problems;
2. Out of context with the area; and
3. Negative testimony from neighbors.-
As you know, the Commission's decision can be appealed to the City
Council. You need to file a letter of appeal with the City Clerk on or
before June 25, 1983.
Please call us if you have any questions.
Sincerely,
//:(1(7,ae}
William A. Walton
Director
Community Development Department
jmj
cc: Marcella Dalke, City Clerk
Case 83-053
-E'TEM #15
KODIAK ISLAND BOROUGH
MEMORANDUM
DATE: June 8, 1983
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJ: Staff Report
RE: Case 83 -050. A request for an exception to construct
a tri -plex on Lot 5, Block 3, Killarney Hills Subdivision,
212 Murphy Way. (David Minks)
This request was tabled at the Planning and Zoning Commission's
May 18, 1983 meeting for one month.
No new information has been received by the offi:de regarding
this request. The staff report presented at the May meeting
remains the same.
Willim R. odgins
Zoning Officer
Community Development Department
imi
K DIAK ISLANt BO OUGH
May 24, 1983
Mr. David Minks
Box 3006
Kodiak, Alaska 99615
Dear Dave:
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
Please be advised that the Planning and Zoning Commission,
at its May 18, 1983 meeting, tabled your request for an
•exception to construct a tri-plex on Lot 5, Block 3,
Killarney Hills Subdivision for one month. Your request
will next be considered by the Planning Commission on
Wednesday, June 15, 1983.
If you have any questions on this matter please do not
hesitate to call us at 486-5736.
Sincerely,
&id"
William A. Walton
Director
Community Development Department
CC: Case 83-050
jrnj
•
�
_KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
MAY 18, 1983, Regular Meeting
Page 3
Mrs. Crowe moved to grant final approval to the vacation and replat of a portion of 13th
Avenue; Lot 16' Block 40, East Addition and Lot 9, Block 43' East Addition with the
following conditions: (1) that the names of the owners be added below their signature
lines and within the Notary's Acknowledgment; (2) that the spelling of "Acknowledgment"
ue corrected; (3) that a signature line and Acknowledgment be added for the City
Mayor; (4 that the title muck be revised to indicate the re"lut of Lot 10A. Block 40
and Lot 98. Block 43; (s) that the lot numbers on the plat be changed to Lot 0x and Lot
9A and (6) that the applicants place sufficient rockfill in the low area of 13th Avenue
to allow traffic to make the turn into the allc/, subject to approval by the Borough
Engineer. Seconded by Mr. Gregg. Motion PASSED uv unanimous roll call vote.
7. PUBLIC HEARING ON CASE 83-048. A request for a variance from Section 17.18.050(C) to
permit the construction of a single family home with a 13 foot rear yard on Lot 16. Block
40 East Addition. (Royal Pelekai)
Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments
the public hearing was closed and the regular meeting reopened.
.Mrs. Crowe nothing unusal about this case to warrant granting a variance.
Mr. Hill should meet.thoreur»vrd.requirpwents.
Mrs. Strickert moved to,Airunt a variance from Section 17.18.050(C) to permit the
construction of a single family home with a 13 foot rear yard on Lot 10, Block 40,
East Addition. Seconded by Mr. Rennell. Motion FAILED by unanimous roll call vote.
Mr. Hill you have 10 days to appeal our decisipn to the City Council.
8. PUBLIC HEARING ON CASE 83-050. A request for an exception from Section 17.19.020 '
to construct a tri-plex on Lot 5, Block 3, Killarney Hills Subdivision. (David Minks) ,
Mrs. Crowe read 3 public hearing notices oppming the request one from Wischer's, one
from Kutchick's and one from the Beardsley's. (Hand delivered May 18. 1983)
Mr. Hill closed the regular meeting and opened the public hearing.
Larry Baker for the request.
Sarah Menuier opposed to the request.
Cathy Magnussen opposed to the request.
David Minks for the request.
Mr. Hill closed the public hearing and reopened the regular meeting. '"
Mr. Gregg not incompatible with the area.
Mrs. Strickert Mr. xink,, would you be opposed to us tabling this for one (1) month?
David Minks that would be fine.
Mr. Briggs moved to table a request for an exception from Section 17.19.020 to construct
atr/'plox on Lot 5, Block 3, Killarney Hill Subdivision for 30 days (June 1983 meeting).
Seconded by Mrs. Strickert. Motion P�GSED»y unonimnusvoice-vote. — .
. PASSED.
by
� PUBLIC *EAR �
9. LlC lw� ON CASE 3-83-019. (Preliminary) Vacation of Lots 2 and 3, Block 3,
'ldcrwomd and replat to Lots 2A and Iu, Block 3, Alderwood Subdivision. (Dane Larsen)
Mr. Crowe 53 public hearing notices mailed and 2 returned in favor of the request.
Mr. Hill closed the regular meeting and opened the public hearing. Hearing no comments
the public hearing was closed and the regular meeting reopened.
Mrs. Crowe moved to grant final approval of the vacation of Lots 2 and 3, Block 3, Alder-
wood and replat to Lots 2A and 3A. Block 3` Alderwood Subdivision with the following
conditions: (1) that the owner's names be placed below each's signature line; (2) that
the owner's names be placed in each's Notary's Acknowledgment and (3) that the Acceptance
of Dedication be remo"ed, since no change of dedications is being made. Seconded by Mr. .
Rennell. Motion PASSED by unanimous roll call vote.
Box 1 -3 .
_Kodiak.,_:Alaska , 99615
May ,9', 1983-'
To .whom, it May concern:
I would. like to
reasons:
see this request. denied
. 1.This would be-the only -lot in the subdivision
with a; triplex.
Create parking problems,:
KODIAK ISLAND BOROL
Box I246
Kodiak, Alaska 99615
CASE 83 -050
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received an application from
DAVID MINKS
requesting an exception to construct a tri -plex on Lot 5, Block 3,
Killarney Hills Subdivision on an R2 lot.
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 p.m.,.Wednesday, May 18, 1983
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above - referenced lots, or
an owner of property within 800 feet of the above- referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this request,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public Hearing.
If you would like to comment on the proposal, this form may be used for your con-
venience, and return to the Community Development Department..
Further information is available' from the Planning Department, telephone 486 -5736.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Legal Description •
Comments
Q-r---P
24'
('‘71-1L-e )
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1
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ODIAK ISLAND BORO
Box 1246
Kodiak, Alaska 99615
1211i11) 41110
CASE 83 -050
At
,�' J"sT
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received an application from
DAVID MINKS
requesting an exception to construct a tri -plex on Lot 5, Block 3,
Killarney Hills Subdivision on an R2 lot.
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing
on this matter at 7:30 p.m., Wednesday, May 18, 1983
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above - referenced lots, or
an owner of property within 800 feet of the above - referenced property. This will be
the only Public Hearing before the Planning and Zoning Commission on this request,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public Hearing.
If you would like to comment on the proposal, this form may be used for your con-
venience, and return to the Community Development Department..
Further information is available from the Planning Department, telephone 486 -5736.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Address 3//.
Legal Description
Comments
4,w4 /L Ao
KODIAK ISLAND BOROUGH
MEMORANDUM
--„TTEM #8
DATE: May 10, 1983
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJ: Information for. Commission's May 18,. 1983 meeting
RE: Case 83-050. A request for an exception to permit
the construction of a tri-plex on Lot 5, Block 3,
Killarney Hills SubdiVision. (David Minks)
18 PUBLIC HEARING NOTICES MAILED ON MAY 6, 1983
GENERAL INFORMATION
1. Applicant - David E. Minks
Box 3006
Kodiak, Alaska 99615
2. Status of Applicant - owner.
3. Requested Action - Exception.
4. Purpose - To allow the construction of a tri-plex on land
zoned R2-Two Family Residential.
5. Existing Zoning - R2-Two Family Residential.
6. Zoning History - Lot 5 was rezoned from Unclassified
(now Rural Residential) to R2-Two Family Residential in June
of 1974 by Ordinance No. 74-23-0. (Case Z-272-A)
7. Location - The property involved with this request is
located at 212 Murphy Way, approximately 2 blocks from the
corner of Murphy Way and Mill Bay Road.
8. Size - 16,853 square feet.
9. Existing Land Use - Undeveloped.
10. Surrounding Land Use and Zoning - North - Duplex's and R2
South - Duplex's and R3
East - Duplex's and R2
West - Duplex's and R2
Case 83-050
May 10, 1983
Page 2
11. Comprehensive Plan - The Comprehensive Land Use Plan identifies
this property as High Density Residential.
12. Applicable Regulations - 17.19.020 Permitted Uses; and 17.66.020
through 17.66.050 Exceptions.
COMMENTS
The applicant's request to be allowed to construct a tri-plex on
an R2 zoned lot stems from the slight possibility that the
property could be rezoned to R3-Multiple Family Residential. An
existing R3 district is contiguous to Lot 5.
The land area involved with this request contains more than
adequate land for a tri-plex and the required off street
parking spaces. The property is serviced by City sewer
and water.
Staff finds that granting this request will not be contrary
to the objectives of the Comprehensive Plan and will not
create injuries, damages or be detrimental to the public's
health, safety or general welfare.
RECOMMENDATION -
Staff recommends approval of an exception to perMitthe
construction of a tri-plex on Lot 5, Block 3, Killarney
Hills Subdivision.
». Hodgins
Zoning Officer
Community Development Department
jmj
1-,55
( ) Conditional Use Permit
Section Number
*1 Exception
/f,
Section Number
KODIAK ISLAND BOROUGH
POST OFFICE BOX 1246
KODIAK, ALASKA 99615
- ( ) Variance
Section Number
( ) Zoning Change
From To
• ApplicantDA0i'd Mt`
Name
B 0\r 300 f,
Address
Akr
City, State, Zip
4,(66--cif(G7
Home Telephone
y-86
Work Telephone
2. Property: 5— k,'/ Cc4 Lduso
('
Lot Block Subdivision Name
Pk—+ 7'4 KOJtA*.L)
United States Survey # Section, Township, Range, S.M.
3. Present Use of Property:
4. Proposed Use of Property: 00-ei"- ;sl cf_ P.„. 40-1- c(-)0c, let
I tc,iz \kp kt,tcs 1cl A- 7 o
I have been advised of the procedures involved with this request and have received
a copy of the appropriate.regulations.
Signature of Authorized Agent
Date
Signature af Proper y Owner
Date
Page 2
Application Accepted By:
Date: 119 g-3
NOTE: The Application Fee for all items covered by this form is $50.00. Conditional
Use Permits, Exceptions, and Variance Applications also require the submission
of a site plan.
AOT
Zt0C-Pc 3
A144,./reiv1 y /91/.4:.S LIZA.
PROPOSE° 7R/- PzE7
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; 15. CONSIDERATION OF CASE 83-050. A request for an exception to construct a tri-plex
on Lot 5, Block 3, Killarney Hills Subdivision, 212 Murphy Way. (David Minks)
Mrs. Strickert moved to remove this case from the table. Seconded by Mr. Gregg.
Motion PASSED by unanimous voice vote.
Mrs. Crowe moved to grant a •request for an exception to construct a tri-plex on Lot
5, Block 3, Killarney Hills Subdivision, 212 Murphy Way. Seconded by Mrs. Strickert.
Motion FAILED by unanimous roll call vote.
Mrs. Crowe voted no because of public testimony and it is out of context with the
area. Road problems.
Mr. Rennell voted no because a duplex can be built without a variance or the lot
subdivided and 2 duplexes could be built.
Mr. Briggs voted no because of drainage problems.
• Mr. Hill voted no because the lot is not zoned R-3.
Mr. Hill the applicant has 10 days to appeal to the City Council.
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CASE 83 -050
ITEM #8
Photograph #1
View taken of Lot 5 looking north showing the topography of the lot.
Photograph #2
View taken looking northeast showing more topography of Lot 5 and
an adjacent residence.
CASE 83 -050
ITEM #8
Photograph #3
View looking to the south across Murphy Way at adjacent residential structures.
Photograph #4
View taken looking west across Murphy Way showing an adjacent residence.
0,140
QO
‘9% ace of retidence)
for and in consideration of Ten Dollars and other and v.ilu.thit paid, conveys and warrants to
STATUTORY
WARR ANTY DE F, i) \,
(Section 34.15.930
9141
‘6 EUGENE J. ;EHE and CAROL .1.
DAVID E. MINKS, a married_man
whose address is
Box 3006, Kodiak, Alaska
the following described real estate:
Alaska, to wit:
lgran'te es)
,.ituated in the K (,01., . ..h., • Third Judicial District State of
Lot Five (5) , Block Three (3) , KillarnQy Hills Subdivision,.
according to Plat 73-6, in the Kodiak Recording District, '
Third District, State of Alaska.
FURTliEli SUBJECT TO: Easements, restrictions, Reservations anti t • .i.;
/17
DATED. this - -)./-r (7- day of , c
. , ..,•• • '
ACKNOWLEDGMENT
State of Alaska
Judicial Division
88.
1. the undersigned,
hereby certify that on this day of
, 19 personally appeared
- before me,
to me known and known to me to he the individual Cit) described
in and who executed the within instrument, and acknowledged
that
signed and sealed the same freely and
voluntarily as .
purpose therein mentioned.
act and deed, for the uses and
DATED at . Alaska, the
day. month and year herein last above
No14n4a4;;io.rAlllc.
My commission expires: ..,
State of Alaska
..3rd
ACKN(IWLEDGMENT
Judicial Division i S3.
the ontif.t,irnell. ‘/..A1;11, 1.`k?
herby certif.; that ......... day of
19 .1. personally appeared - •
before me i:.;(1('Ile 1A1,,he and7C-a-rol, J. •
l• me to be the individual (sl clescrib;ert
in and :h.. ithin instrument. and acknowledged
thm
•
signed and sealed the same freely and
uct and deed. for the uses and
Kodiak
Alaska. the
DAT1--1)
,I,iv n.. ..r1,1 r h,reill last above written
)
-ft t
NoL■ry Ptotilic for AIukrn
!Ay ,ommission expires:
••
KODIAK ISLAND BOROU
Box 1246
Kodiak, Alaska 99615
•
CASE 83 -050
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received an application from
• DAVID MINKS
requesting an exception to construct a tri -plex on Lot 5, Block 3,
Killarney Hills Subdivision on an R2 lot.
The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing,
rs
on :this matter at 7:30 p.m., Wednesday, May 18, 1983
in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being
notified because you are either the property owner of the above - referenced lots, or':
an owner of property within 800 feet of the above- referenced•property. This will be
the only Public Hearing before the Planning and Zoning Commission on this request,
and you are invited to appear and voice your opinion. If you cannot attend, you may
submit a written opinion that can be read into the minutes of the Public Hearing.
If you would like to comment on the proposal, this form may be used_for your con-
venience, and return to the Community Development Department.
Further information is available from the Planning Department, telephone 486 -5736.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
Name
Legal Description
Comments
Address
3A
IR PORT
Petitioned Area
6!./44ot 5, Block 3
• Killarney Hill Subdivisi
3
KADI AK AL
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R1180010030
CURLEY,THOMAS E. BETTY
P.O. BOX 2654
KODIAK AK 99615
R1180010040
BERGER.JOHN & MARGARET J
1414 M STREET
ANCHORAGE AK 99501
R1180010050
KUTCHIK,RONALD & ROSA
P.O. BOX 2295
KODIAK AK 99615
R1180010060
MAGNUSEN,CHARLES & CATHY :.
P.O. BOX 1512
KODIAK AK 99615
R1180010071
MINKS,DAVID.& CAROL
P.O. BOX 3006
KODIAK AK 99615
)
R1180020020
BEAN,JR JULIAN & MARYL'S
P.O. BOX 2813
KODIAK AK 99615.
R1180030010
YATSIK,JAMES & LAQUITA
P.O. BOX 13
KODIAK • AK 99615
R1180030020
ZIMMER,ARTHUR & ARLENE
P.O. BOX 1582
KODIAK AK 99615
R1180030030
MEUNIER,HENRY & SARAH
P.O. BOX 2732
KODIAK
AK 99615
)
R1180030040
RICHARDSON,FRANCIS & CAR ..�
P.O. BOX 2637
KODIAK AK 99615
R1180010081
HOEDEL,DOUGLAS & RHODA 3) MINKS,DAVID E
P.O. BOX 2932 P.O. BOX 3006
KODIAK AK 99615 ' KODIAK
HANS,WAYNE
P.O. BOX 889
KODIAK
R1180010090
AK 99615
R1180020010
KNOWLES,ADRIAN & COLLEEN
P.O. BOX 3343
KODIAK AK 99615
R1180030050
..3
AK 99615
R1180030060
WISCHER,THOMAS & KATHLEEN
P.O. BOX 202
KODIAK
BEARDSLEY,ALAN
P.O. BOX 29
KODIAK
:3
R1452150010
CATHOLIC ARCHBISHOP CORP
P.O. BOX 2239
ANCHORAGE AK 99510
al17nnnnnn9
AK 99615
R1180040010
& SHARRON
AK 99615
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R1452150010
CATHOLIC ARCHBISHOP CORP
P.O. BOX 2239
ANCHORAGE AK 99510
R1170000002
ALASKA,UNIVERSITY OF
2755 WOODY WAY
COLLEGE
N(a40, cickols-
R1180010020
CURLEY,THOMAS C BETTY
P.O. BOX 2654
KODIAK
) •
- - -
AK 99615
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CASH RECEIPT
0116
Kodiak Island Borou
700 UPPER MILL BAY ROAD
• P.O. BOX 1246
KODIAK, ALASKA 99615
- PHONE (907) 486-5736
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DATE -
•1-4 —
19
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010 - 000 101 - 10 - 00
010 000 -- 000 - 322 - 11 - 00
BUILDING PERMITS .
010 - 000 - 322 - 90 - 00 '
ZONING PERMITS
•
010 - 000 - 341 -: 50 - 00
SALE OF MAPS--
1 1
1 1
010 - 000 - 341 - 51 - 00
;SALE OF COPIES ,
PROPERTY TAX l',-.47.-V::-
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LAND SALE PAYME ,NT,:v
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CONDITIONS OF CHECK PAYMENTS
TAL
PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO TO 13*
1 /56 01)
I Z.)/9 .0(
THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING
HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION.AS
UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL
LIABILITIES AS MAY BE APPLICABLE.
2
PAYMENT MADE BY:
CHECK NO. /1,--V
CASH
OTHER
FM08.511815