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KILLARNEY HILLS BK 3 LT 17 - ExceptionRussell and Susan Patrick 3313 Woody Way Loop Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 July 19, 1990 Re: Case 90-041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single-family dwelling above an existing detached garage on a lot in the R2--Two-family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. Dear Mr. and Ms. Patrick: The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 18, 1990, denied the exception request cited above. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten (10) 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) days following the decision. The Commission adopted the following findings of fact in support of their decision to deny the exception. 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. The proposed use does not appear to endanger the public's health, safety or general welfare because the second dwelling unit will not increase the permitted density of the lot provided neither dwelling unit is converted to a duplex in the future. The R2--Two-Family Residential Zoning District does Kodiak Island Borough Russell and Susan Patrick July 19, 1990 Page Two permit two - family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single - family residences are not substantially different from those of a two - family dwelling unit. B. The proposed use will not be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2 -- Two - Family Residential Zoning District, because it will not generate other than normal vehicular traffic (Parking) on nearby streets, and may create requirements or increase costs for public services that cannot be systematically and adequately provided. This is due to the excessive slope of the existing driveway which will not allow adequate access to off - street parking during times of heavy snowfall or icy conditions. As a result a second dwelling would require additional vehicle parking along the City right of way during snow removal efforts. C. The proposed use should not adversely impact other properties in the area if the development can meet all of the requirements of zoning and building regulations. The second dwelling unit must meet all Uniform Building Codes and the requirements of Title 17, the Zoning Code. As noted above, it does not appear that the driveway slope meets the Code requirements. In this case, it is doubtful that vehicles will be able to gain access to the property during the winter when snow and ice are a factor. As a. result, the development of an additional structure would impact the traffic access in the area as it would require the temporary relocation of two additional parking spaces to the Woody Way right -of -way when snow and ice prevent access to the upper lot. Once the upper lot is gained there appears to be adequate parking for an additional dwelling as there is a two car garage and an additional two spaces in front of the garage. Kodiak Island Borough Russell and Susan Patrick July 19, 1990 Page Three If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Eads, Secretary Community Development Department cc: Lynda Grimstad 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare because a four foot fence along the Birch Street right-of-way will not pose a line of sight problem. Also, the conditions of approval will insure that any future removal of the fence will not result in a cost to the public. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Medium Density Residential Development. In general, comprehensive plans do not address minor developments such as fences. In addition, the construction of this fence will not change the permitted residential land use. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. In this instance, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Fences are permitted in all land use districts. The motion was seconded and CARRIED by unanimous roll call vote. G) _Case 90-041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single-family dwelling above an existing detached garage on a lot in the R2--Two-family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick) DUANE DVORAK indicated 11 public hearing notices were mailed and 2 were returned, opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: LYNDA GRIMSTAD, representing the applicants, appeared before the Commission and expressed support for this request. Page 17 of 25 P & Z Minutes: July 18, 1990 rm Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL asked how the owners had received a driveway permit. Linda Freed explained that when the property was subdivided it was inside the City Limits and the property did not require a driveway permit. COMMISSIONER HENDEL MOVED TO GRANT an exception from Section 17.19.020 of the Borough Code to permit the location of a second single - family dwelling above an existing detached garage on a lot in the R2 - -Two- family Residential Zoning District on Lot 17, Block 3, Killarney Hills Subdivision. The motion was seconded. The Commission expressed concern with the slope /grade of the existing driveway. The question was called and the MOTION FAILED by unanimous roll call vote. COMMISSIONER HENDEL MOVED TO ADOPT the findings contained in the staff report dated July 9, 1990, as "Findings of Fact" for Case 90 -041. 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. The proposed use does not appear to endanger the public's health, safety or general welfare because the second dwelling unit will not increase the permitted density of the lot provided neither dwelling unit is converted to a duplex in the future. The R2 - -Two- Family Residential Zoning District does permit two- family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single - family residences are not substantially different from those of a two - family dwelling unit. B. The proposed use will not be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2 -- Two - Family Residential Zoning District, because it will not generate other than normal vehicular traffic (Parking) on nearby streets, and may create requirements or increase costs for public .services that cannot be systematically and adequately provided. This is due to the excessive slope of the Page 18 of 25 P & Z Minutes: July 18, 1990 existing driveway which will not allow adequate access to off-street parking during times of heavy snowfall or icy conditions. As a result a second dwelling would require additional vehicle parking along the City right of way during snow removal efforts. C. The proposed use should not adversely impact other properties in the area if the development can meet all of the requirements of zoning and building regulations. The second dwelling unit must meet all Uniform Building Codes and the requirements of Title 17, the Zoning Code. As noted above, it does not appear that the driveway slope meets the Code requirements. In this case, it is doubtful that vehicles will be able to gain access to the property during the winter when snow and ice are a factor. As a result, the development of an additional structure would impact the traffic access in the area as it would require the temporary relocation of two additional parking spaces to the Woody Way right- of-way when snow and ice prevent access to the upper lot. Once the upper lot is gained there appears to be adequate parking for an additional dwelling as there is a two car garage and an additional two spaces in front of the garage. The MOTION was seconded and CARRIED by unanimous roll call vote. H) Case 90-042. Request for the rezoning of Lots 1, 2, and 3, Block 13, Aleutian Homes Subdivision from R2--Two-family Residential to B--Business in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. (Ronald and Phyllis Williams; Lynda Grimstad) Page 19 of 25 DUANE DVORAK indicated 26 public hearing notices were mailed for this case and none were returned. Staff recommended postponing this request until the August 1990, regular meeting and expanding the request to include Lots 101 and 102, Block 9, Erskine Subdivision. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ASPGREN MOVED TO POSTPONE action on Case 90-042 until the August 15, 1990, regular meeting and to reschedule this request for another public hearing at that time. The motion was DIED for the lack of a second. P & Z Minutes: July 18, 1990 DATE: TO: FROM: SUBJECT: RE: ITEM VI-G Kodiak Island Borough MEMORANDUM July 17, 1990 Planning and Zoning Commission Community Development Department Information for the July 18, 1990 Regular Meeting Case 90-041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single-family dwelling above an existing detached garage on a lot in the R2--Two-Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick) BACKGROUND This case was reviewed by the Commission at the worksession on July 11, 1990. At that meeting several Commissioners requested to know the incline of the driveway located on Lot 17, Block 3, Killarney Hills Subdivision. Staff requested the assistance of the Borough Facilities and Engineering Department in making these determinations. It was determined that the road has zero (0) slope in relation to the driveways in this area. The slope calculations using either the City or Borough methods equal the same result in this case. [City driveway standards are more stringent however, as it allows a twelve percent (12%) slope compared to a fifteen percent (15%) slope in the Borough Code.] Staff found that the slope of the driveway on the subject lot is about twenty-six percent (26%). For comparison, the driveway on Lot 12, Block 3 Killarney Hills Subdivision, (the large brown house) just down the street is between thirty and thirty-five percent (30% - 35%) slope. A lot across the street, Lot 10A, Block 4, Killarney Hills Subdivision has a driveway with a slope of about twenty percent (20%) for at least half the distance to the dwelling from the right-of-way. (Lot 10A is the right-hand half of a zero-lot-line development.) 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, Case 90-041 Page 1 of 3 P & Z: July 18, 1990 ITEM VI -G (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. The propose use does not appear to endanger the public's health, safety or general welfare because the second dwelling unit will not increase the permitted density of the lot provided neither dwelling unit is converted to a duplex in the future. The R2 -- Two - Family Residential Zoning District does permit two - family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single - family residences are not substantially different from those of a two - family dwelling unit. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2 -- Two - Family Residential Zoning District, because it will not generate other than normal vehicular traffic on nearby streets, and will not create requirements or costs for public services that cannot be systematically and adequately provided. C The proposed use should not adversely impact other properties in the area if the development can meet all of the requirements of zoning and building regulations. The second dwelling unit must meet all Uniform Building Codes and the requirements of Title 17, the Zoning Code. It does not appear that the driveway slope meets the Code requirements. In this case, it is doubtful that vehicles will be able to gain access to the property during the winter at times when snow and ice are a factor. As a result, the development of an additional structure would impact the access to the property and required off - street parking area. Denial of access would require the temporary relocation of two additional parking spaces to the Woody Way right -of -way when snow and ice prevent access to the upper lot. Once the upper lot is gained there appears to be adequate parking for an additional dwelling as there is a two car garage and an additional two spaces in front of the garage. RECOMMENDATION Staff finds that this request does not meet the standards for an exception and recommends that the Commission deny this request. Case 90 -041 Page 2 of 3 P & Z: July 18, 1990 ITEM VI-G APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant an exception from Section 17.19.020 of the Borough Code to permit the location of a second single- family dwelling above an existing detached garage on a lot in the R2--Two-family Residential Zoning District on Lot 17, Block 3, Killarney Hills Subdivision. STAFF RECOMMENDS THAT THE ABOVE MOTION BE DENIED AND THE FOLLOWING MOTION MADE: Move to adopt the findings contained in the staff report dated July 17, 1990 as "Findings of Fact" for Case 90-041. Case 90-041 Page 3 of 3 P & Z: July 18, 1990 Chelsea Realty & Development, Inc. "The Effort People" 104 Center Avenue, Suite 201, Kodiak, Alaska 99615 Telephone: (907) 486-3424 July 11, 1990 Mr. Duane Dvorak Community Development Kodiak Island Borough 710 Upper Mill Bay Road. RE: Lot 17, Block 3, Killarney Hills Subdivision, Kodiak, Alaska Property Owners: Russell R. & Susan J. Patrick Dear Duane: My apologies for not being in attendance this evening. I have been called away on business. I would like to express my concerns regarding staff recommendation to the Planning & Zoning Commission as determined' on the above referenced property. It is my understanding per our telephone conversation that staff has recommended denial of the request for a zoning exception, because there seems to be concern that in the winter months, vehicular accessibility to the off street parking of the subject property may be a problem if the driveway is not adequately maintained. The owners, Mr. and Mrs. Patrick, are aware that it is their obligation under the Alaska Landlord Tenant Law (AS 34.03.100) that the common areas be maintained, this includes keeping the common off street parking free of snow and ice. Therefore, parking on the street will not be necessary. If the adjoining property owners are parking unlawfully on the street then that is an enforcement problem and can easily be handled trough the appropriate law enforcement agency. There is adequate parking spaces for two living units on the subject property and it is felt that a denial of this request will be unjust if the staff is basing its' decision on the lack of enforcement of the existing parking regulations. This in effect would penalize the Patricks for the assumption of future unlawful actions by the Patricks by Planning and Zoning before any offense occurs. We would appreciate staff reconsidering their recommendation to the Planning and Zoning Commission and the Commission granting approval of the requested exception. Respectfully Submitted, Chelsea Realty and Development, Inc. c1/4„u24±01a,L_ A.D. Cristaldi, Jr. (by Leslie Braunagel) DATE: TO: FROM: SUBJECT: Kodiak Island Borough MEMORANDUM July 9, 1990 Planning and Zoning Commission Community Development Department Information for the July 18, 1990 Regular eeting ITEM VI-G RE: Case 90-041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single-family dwelling above an existing detached garage on a lot in the R2--Two-Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick) Eleven (11) public hearing notices were distributed on July 5, 1990. Date of site visit: 1. Applicant: 2. Land Owner: 3. Existing Zoning: 4. Zoning History: 5. Location: Physical: Legal: 6. Lot Size: July 5, 1990 Russell and Susan Patrick/Lynda Grimstad Russell and Susan Patrick R2--Two-Family Residential The 1968 Comprehensive Plan identifies this area as Residential Unclassified. Rezoned from Residential Unclassified Rural Residential by Ordinance 80-9-0. Rezoned from RR--Rural Residential to RR1--Rural Residential One by Ordinance 83-15-0. Rezoned from RR1- -Rural Residential One to R2--Two-Family Residential by Ordinance 83-77-0. 3313 Woody Way Loop Lot 17, Block 3, Killarney Hills Subdivision 10,482 square feet Case 90-041 Page 1 of 6 P & Z: July 28, 1990 ITEM VI-G 7. Existing Land Use: Single-Family Residential 8. Surrounding Land Use and Zoning: North: Tract R-1C-1, U.S. Survey 3218 Use: Vacant Zoning: B--Business South: Lots 10A and 10B, Block 4, Killarney Hills Subdivision Use: Zero Lot Line Single-Family Residences Zoning: R2--Two-Family Residential East: Lot 18, Block 3, Killarney Hills Subdivision Use: Vacant Zoning: R2--Two-Family Residential West: Lot 16, Block 3, Killarney Hills Subdivision Use: Single-Family Residence Zoning: R1--Single-Family Residential 9. Comprehensive Plan: The 1968 Comprehensive Plan identifies this area as Medium Density Residential. 10. 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: 17.19.020 Permitted uses. The following land uses are permitted in the two-family residential district: A. Accessory buildings; B. Beauty shops; C. Churches; D. Clinics; E. Greenhouses; F. Home occupations; G. Hospitals; H. Parks and playgrounds; 1. Professional offices; J. Schools; K. Single-family dwellings; and Case 90-041 Page 2 of 6 P & Z: July 28, 1990 ITEM VI -G L. Two - family dwellings. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, on -site facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. The lot is served by public sewer. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not applicable. This action does not involve land subdivision. 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. This lot is not located along the shoreline. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Case 90 -041 Page 3 of 6 P & Z: July 28, 1990 ITEM VI -G Consistent: Not applicable. This lot is not located in a known hazardous area. 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and 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 permit a second detached dwelling unit to be located above an existing accessory building on a lot in the R2 -- Two - Family Residential Zoning District. An exception is necessary because two separate dwelling units on one lot is not listed as a permitted use in the R2 -- Two - Family Residential Zoning District even though a two - family dwelling unit (duplex) is a permitted use. In order to grant an exception, the Commission must find that the use proposed in the application 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. The proposed use does not appear to endanger the public's health, safety or general welfare because the second dwelling unit will not increase the permitted density of the lot provided neither dwelling unit is converted to a duplex in the future. The R2 -- Two - Family Residential Zoning District does permit two - family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single - family residences are not substantially different from those of a two - family dwelling unit. Case 90 -041 Page 4 of 6 P & Z: July 28, 1990 ITEM VI-G B. The proposed use will not be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2--Two-Family Residential Zoning District, because it will not generate other than normal vehicular traffic (Parking) on nearby streets, and may create requirements or increase costs for public services that cannot be systematically and adequately provided. This is due to the excessive slope of the existing driveway which will not allow adequate access to off-street parking during times of heavy snowfall or icy conditions. As a result a second dwelling would require additional vehicle parking along the City right of way during snow removal efforts. C. The proposed use should not adversely impact other properties in the area if the development can meet all of the requirements of zoning and building regulations. The second dwelling unit must meet all Uniform Building Codes and the requirements of Title 17, the Zoning Code. As noted above, it does not appear that the driveway slope meets the Code requirements. In this case, it is doubtful that vehicles will be able to gain access to the property during the winter when snow and ice are a factor. As a result, the development of an additional structure would impact the traffic access in the area as it would require the temporary relocation of two additional parking spaces to the Woody Way right-of-way when snow and ice prevent access to the upper lot. Once the upper lot is gained there appears to be adequate parking for an additional dwelling as there is a two car garage and an additional two spaces in front of the garage. RECOMMENDATION: Staff finds that this request does not meet the standards for an exception and recommends that the Commission deny this request. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single-family dwelling above an existing detached garage on a lot in the R2--Two-Family Residential Zoning District on Lot 17, Block 3, Killarney Hills Subdivision. Case 90-041 Page 5 of 6 P & Z: July 28, 1990 ITEM VI -G Staff recommends that this motion be denied and the following motion made. Move to adopt the findings contained in the staff report dated July 9, 1990 as "Findings of Fact" for Case 90 -041. Case 90 -041 Page 6 of 6 P & Z: July 28, 1990 June 21, 1990 To Whom it may concern: We are hereby requesting that Lynda Grimstad, Sales Associate for Chelsea Realty & Development, Inc., act as our agent regarding a request for a zoning exception, for Lot 17, Block 3, Killarney Hills Subdivision, also known as 3313 Woody Way Loop, Kodiak, Alaska. This proposal for the zoning exception requests that we be allowed to convert an unattached garage into an apartment. Sincerely, Susan Patrick PROPOSAL: To convert upstairs portion of the unattached two story garage into an apartment. CONSIDERATION: Although the conversion could be legally accomplished, without commission approval, by building a breezeway,the interested parties believe that in doing so the end result would be unattractive and they prefer to preserve the property's present appearance of a single family residence. The exception, if granted, would not be a major zoning change since the district is presently zoned R -2 two family residential The interested parties believe that the exception would allow the property to be used to it's best and highest use without disrupting the Planning and Zoning Commission's original intentions. The parking is more than adequate and meets the zoning requirements. The interested parties would also like the commission to consider the fact that presently Kodiak is experiencing >a near "zero" vacancy rate and it is extremely difficult for tenants to find rentals, so they will not be the only ones to benefit from this exception. • 00"OZT 3.66.Zr fr a C3 ,.400:1‘1240. ... :49TH 0. • • • ewe' •. a R. L TARRANT ." it• f 0 ..0- • 1641-S. ....4.-:, #4,.7....f.A%.$;.. nlb. ■••• • I hereby certify dm I haw anreeyed the following described property: • .1077 971 N! 77. 1St and tkat the inipromments siusama timeonare within the property lines nod do not overlap or erscrosch on the property lying adjacent thereto, that on impronsontu on property lying adjacent thereto encroach an the premises in ouestion and that dam are no roadways, transmis- sion bans ,or other meanest' an 'property temps 7 eated Wenn- .r7— ' • Datedshi. .7/ .6y or "79,v7 Jst 90 ROBERT L. TARRANT itegiumed Land Sureeyor KI‘-#431AK ISLAND BOROWNI COMMUNITY DEVELOPMENT DEPAR 710 Mill Bay Road, Kodiak, Alaska 99615 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 1990. 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 90 -041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single - family dwelling above an existing detached garage on a lot in the R2-- Two - Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick/Lynda Grimstad) 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 rD for to the meeting. This nodce is being sent to you because our records indcate 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. 2705 Mill Bay Road YourNome: Brechan Enterprises, INQAsIIIngAddresa :Kodiak, Alaska 99615 Your property description: Tract R -1 C, C U S S 3 218 Comments: ' We think this is spot zoning and should be disapproved. BRECHAN ENTERPRISES, INC. r, Michael C. Brechan President RECEIVED JUL 1 COMMUNITY DEVELOPMENT DEPT 1 KIAK ISLAND BOROU H COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 1990. 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 90 -041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single- family dwelling above an existing detached garage on a lot in the R2-- Two - Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick/Lynda Grimstad) If you do not wish to testify verbally, you may to the Communiity, Development Department This notice is being sent to you because our records indcate any questions about the request, please feel AYour Name: l y (- A r..) (-• S c- kJ M i provide your comments in the space below, or in a letter rg ior, to the meeting. you are a property owner in the area of the request. If you have free to call us at 486 -5736, extension 255. Mailing Address: S • ` • a ` i Your property description: -�� I S d oT l ... OC( Comments: S tz.v t= -RAl- `t CAa i. 61 <--v S u PO RT ri-J ■ -27, l.9_ TO R2C ?_or•�F_ -rp.j /{RZF_q Tta 2-- r :L , c_ ' 211 . i r u>L ?"1JA"R / S A G c c.JD W E A • • ; / 4 tv R j oSZR- • Day g per,_ ba�'y ct'p, 4',�Q pM� • Chelsea Realty & Development, Inc. "The Effort People" 104 Center Avenue, Suite 201, Kodiak, Alaska 99615 Telephone: (907) 486-3424 July 11, 1990 Mr. Duane Dvorak Community Development Kodiak Island Borough 710 Upper Mill Bay Road RE: Lot 17, Block 3, Killarney Hills Subdivision, Kodiak, Alaska Property Owners: Russell R. & Susan J. Patrick Dear Duane: My apologies for not being in attendance this evening. I have been called away on business. I would like to express my concerns regarding staff recommendation to the Planning & Zoning Commission as determined on the above referenced property. It is my understanding per our telephone conversation that staff has recommended denial of the request for a zoning exception, because there seems to be concern that in the winter months, vehicular accessibility to the off street parking of the subject property may be a problem if the driveway is not adequately maintained. The owners, Mr. and Mrs. Patrick, are aware that it is their obligation under the Alaska Landlord Tenant Law (AS 34.03.100) that the common areas be maintained, this includes keeping the common off street parking free of snow and ice. Therefore, parking on the street will not be necessary. If the adjoining property owners are parking unlawfully on the street then that is an enforcement problem and can easily be handled trough the appropriate law enforcement agency. There is adequate parking spaces for two living units on the subject property and it is felt that a denial of this request will be unjust if the staff is basing its' decision on the lack of enforcement of the existing parking regulations. This in effect would penalize the Patricks for the assumption of future unlawful actions by the Patricks by Planning and Zoning before any offense occurs. We would appreciate staff reconsidering their recommendation to the Planning and Zoning Commission and the Commission granting approval of the requested exception. Respectfully Submitted, Chelsea Realty and Development Inc. cAkAi-p-OSik1 A.D. Cristaldi, Jr. (by Leslie Braunagel) 00 'OJT 3,66 et- T6 S NI if' r az'ET _- cl9 1 -M r 1 1 1 1 1 1 1 1 1 1 1 i 1 1 a 00'0T OS 'Or mN yrs O • air '/49T W • . .s, P.. r # 3 R. L. TARRANT p `a%; % i 641-5 �; y� V &'N.t • .'. c_NY I hereby certii3, that I have surveyed the following described property: • /or, 7. ,81,1e- and that the improvements situated thereon arc within the property lines and do not overlap or encroach on the property Tying adjacent thereto, that no improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways, transmis• ion lines or other visible easements on said property except as indi- cated hereon. Dated this ` day of /%J4'/ 19.9a Russell & Susan Patrick 3313 Woody Way Loop Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486.5736 July 12, 1990 Case 90 -041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single- family dwelling above an existing detached garage on a lot in the R2 -- Two - Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick/Lynda Grimstad) 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 worksession held Wednesday, July 11, 1990. If you have any questions or comments, please contact the Community Development Department. Sincerely, Jan Brenteson, Acting Secretary Community Development Department enclosures Russell R. & Susan J. Patrick 3313 Woody Way Loop Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486-5736 July 2, 1990 Case 90 -041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single - family dwelling above an existing detached garage on a lot in the R2 - -Two- Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick/Lynda Grimstad) 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 July 18, 1990 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, July 11, 1990, 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. Jan Brenteson, Acting Secretary Community Development Department cc: Lynda Grimstad, Chelsea Realty KWIAK ISLAND BOROU I COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, July 18, 1990. 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 90 -041. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit the location of a second single- family dwelling above an existing detached garage on a lot in the R2 -- Two - Family Residential Zoning District. Lot 17, Block 3, Killarney Hills Subdivision; 3313 Woody Way Loop. (Russell and Susan Patrick/Lynda Grimstad) 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 ra Iar to the meeting. This notice is being sent to you because our records indlcate you area 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: C CREsr 4�4D 4\41 s MEINITSA © �;% Miu V R�1p CC PATRICK CO _zpg/e/D i 1 90—ozi/ 1f 1.1(14to elk 41 ceo- 'IA /iron4/0070 /1 , da, • 16.1-iti 3 4-14 / '34-e /e K1120030/30 RI(8'6030/F0 LL 5_3 a / E ffe, 7e.,_ gliiSalSool) 1, ,, • ,, /2- IC- I l? i45-al5c36/J_ RI.L4S-a41-1000 1, irt T- ) s 3 o o o 1/ 5- _1 R igsc)oa octo 1f 1.1(14to elk 41 ceo- 'IA /iron4/0070 /1 1 1 1 1 . 6 • • • 41 '-'150 , R1180030150 49 51 o..1sr0 4 3J130 A- „e. ' ....:�.�._ A gALAN /FREED •.LINDA Sr. 325 'WdO Y WAY LuoP s KL D r1ic Pr' AK 99615 n 52 :,.a .. _ :� :H_ 1 HOP CSR? s3 54 A.3L1 , E ..K 94510 r — -`-- 55 i. 56 57 0 �'j 2 R1180030160 58 59 60 Ri 1b 0:r3C 140 3 BISHOP,CHRIS E ANNA `..Y......4 -_'rsN E SANOR 4 • 30X 1417 �' P.... .O.. 421 5 KODIAK ,"K 99619 _ ____AK 9.�6_L5 _—_ - -_ 7 8 9 0 1 81180030170 2 PATRIC.K,RUSS.ELL. E SUS1�1 ...... _....._... _ ....... '3 3313 WOODY WAY LOOP . .. ... 4 KODIAK AK 99615 5 6 7 0 R118003018O _.._. _ ..,..... _._ I CATHOLIC ARCHBISHOP CORP 2 C/O L FREED E A SCHMITT 3 SR 3295 WOODY WAY 4 KODIAK AK 99615 6 8 9 R1452150011 0 CATHOLIC ARCHBISHOP CORP P.C. BOX 10-2239 2 ANCHORAGE AK. 99510.. _......: _.. ... 3 4 5 7 e R1452150012 9 BRECHAN ENTERPRISES INC ° P.O. BOX 1275 1 KODIAK AK 99615 13 , 5 16 ' 1452i ; 00001 e cORP OF ST i'. °Y' PiRIS S9� T- E R- 0,. 7CH0 "A Ga. / n P4 BO 0- 2239 ANCHORAGE AK 9' 0 6 1_4.1 U O 0) 1' '- ECHA ENTER RI ES IV C P O. BO l 75 V KO■'.K AK 9 15 s 6 7 8 9 R145202002O 10 BRECHAN,FRED & RUTH 11 P.O. BOX 1275 12 KODIAK AK 99515 13 14 15 16 17 18 R145215OO1O 19 KODIAK ISLAND BOROUGH 20 OKL 180 21 710 MILL BAY RD 22 KODIAK AK 99615 23 24 25 26 27 R118O04007O 28 HALVORSEN,MELAYNA 29 P.C. BOX 136 30 KODIAK AK 99615 31 32 33 34 35 t� O r'1n 36 PI�Uo0''V 4.;71. 37 MULOCK,HARVEY E TERRY 38 P.O. BOX 1959 39 KODIAK AK 99615 40 ... ... 41 42 43 44 45 R1 00 0280 46 C.TH' L C A: CHB SHOP C P 47 P.O. BO' 1 —22 3° SHORT, KAR.LETON f SHIRLEY 48 , Ay tJ A -r,- _ 99.2_1D P.O. BOX 1488 49 KODIAK AK 99615 50 1 51 52 13 53 14 54 8118 40.,90 is 55 C HO 1 AR"HBI P CO . 6 156 P.0 BOX 10 229 7 57 NC RAGE AK 9 51 `8 R1 18 00 40 10 1 A5REG0 ETAL, NORABLES E C L S R DELA CRUZ + 58 �9 59 ;10 160 ;11 P.O. BOX 8023 KODIAK AK 99615 2 211anq4(31(ln R11800400 HALVORSEN, MELAYNA P.O. BOX 136 KODIAK AK 99615 R1180040071 MULOCK/HARVEY a TERRY P.O. BOX 1959 KODIAK AK 99615 -1130040080 CATHOLIC ARCHBISHOP CORP P.C. BOX 10 -2239 ANCHORAGE AK 99510 81130040090 CATHOLIC ARCHBISHOP CORP P.O. BOX 10 -2239 ANCHORAGE AK 99510 81180040100 SHORT /KARLETON E SHIRLEY P.O. BOX 1488 KODIAK AK 99615 81180040101 ABREGO ETAL,NORABLES E & L & R DELA CRUZ P.O. BOX 8023 KODIAK AK 99615 R1452030003 BRECHAN ENTERPRISES INC P.O. 80X 1275 KODIAK AK 99615 R14.520;,0020 daCHAN,7RE0 r. RUTH P.O. BOX 1275 KODIAK AK 99615 R145 21 5001O KODIAK ISLAND BOROUGH OKL 130 710 MILL BAY RD KODIAK AK 99615 R145215OO10 KODIAK ISLAND BOROUGH OKL 180 710 MILL BAY RD KODIAK AK 99615 COMMUNKODIAK ISLAND BOROUGH ITY DEVELOPMENT DEPA MENT 710 MILL BAY ROAD, ROOM 204, KODIAK ALASKA 99615 -6340, (907) 486-5736 The application fir for all Items covered by this form la fifty dollars (330.00), except as otherwise noted. Conditional We Permits, Exceptions, and Valance applications gin require the submission of a site plan. Applicant Information Property owner's name: .-5.I1 1Q. f z k 4' )'1/0t-) Jr Pr/C, Property owners mailing address: 33/ 3 (.& / 1d / 4Dn1 K( City: d1 Ok State: i rK J zip: 91iC /r� Home phone: '`f g(o`�30 $ Work phone: If applicable, Agent's name: lid/ , 6r /�S iz Z ' {M/Q. /?ems /t�/ Agent's mailing address: /0 4 C iikkr Ave ,5�u l-e, ad J l City: Kf State: Ri< Zip: 99(/6 Home phone: 1167 --31g5 Work phone: - 8Q- 3yaY Property Information Legal Description: )L+ /7 2// 3 Kiaarne Present use of property: ��u7% F, «i Z nP i Proposed use of property: (L'i 0 H %MPG( *1. cord /eT (' u '-,ce l ma ,err ed jaro_ e_ Applicant Certification 1, the appllcantlauthorized agent, haw been advised of the procedures involved with this request and have reclewd a copy of the appropriate reguladons. x Aut •razed Agent's Signature Date Property Owner's Signature Date ---AL AI deCrigi STAFF USE ONLY Code Sections) involved: / fe. 6 2_0 ( -A0,-M a e, Conditional Use Permit Variance Other (e.g., a" • earance requests, =1c) n * n- = : Items Zoning ch - nge rom Application accepted: 7 Staff signature Exception Title 18 Review to a opted CASH RECEIPT Kodiak Island Borough 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615.6340 PH (907) 496$736 RECEIVED . FROM :l6i,7 DATE_ 000 -101 10 -00 "" CASH • 4. L - �. 010 - 000.- 105 - 01 - 00 PROPERTY TAX, REAL .1.1..14 ri1" rS 1'` ' .T C'= 010 - 000 - 105 - 06 - 00 . PROPERTY TAX, PERSONAL !'• a M, 010 - 000 - 111 - .61 - 00 PROPERTY TAX, LIENS , 1 o >�}� I; 010 - 000 -,107 - - 00 PERSONAL TAX, LIENS ? M 040 - 000 - 371: 11 - 00 LAND SALE, PRINCIPAL ✓ L +" +.• 040 - 0O0 - 371 - 12 - 00 LAND SALE, INTEREST 1.. • S 1 010 - 000.= 368 - 51-- 00 SALE OF COPIES f iRS tM ii. '' 1 t ij... ; t1 Lit pi ..• • 1 , ":^ f: 010 - 000 '- .322 - 11 - 00 BUILDING PERMIT . . ;..t -'�' �'L' x �•' ry ;ny L "' 010 - 000 - 319 -10 -00 III i 010 -000 - 199 99 =00 ' PER ATTACHED t r ':4 (t'1 i3 CONDITIONS OF CHECK PAYMENTS PAYMENTS TENDERED BY CHECK FOR OTAL ► OBLIGATIONS DUE TO - 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 • Y BE APPII CASHIER PAYOR PAYMENT MADE BY CHECK NO.' 3" c? ❑ CASH ❑ OTHER FM08-51 1B1S