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KILLARNEY HILLS BK 4 LT 10B - VarianceFebruary 2, 2007 Nathaniel Newman PO Box 1847 Kodiak, AK 99615 Dear Mr. Newman: Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 The Zoning Compliance Permit that you applied for on November 15, 2006 is now reinstated. However, you were granted a 2 foot Variance thereby reducing the sideyard setback to 8 feet that will allow you to build your addition as proposed. If you have any further questions feel free to call the office at 486-9363. Sincerely, heAC2,0k. 0:) Sheila Smith, Secretary Community Development CC: Community Builders/Dane Larsen ZON7G COMPLIANC, PERMIT,page.of3, Permit if Z- Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486-9362 Fax(907)486-9396 http://www.kib.co.kodiak.ak.us Required Applicant Information: 1. Property Owner/Applicant: RA., Mailing Address: ib Lit_9(step 2. Legal Description: Street Address: Lao. Dome/ e4Zi/ifiCva 4lla .33/4 0-9ne-2f (L i-rnriv 3. Description of proposed action . a_ c; ©' ) (04!).71-2 Of xi, a Phone: '1/e/-02-7c10 • 4. Site Plan.(page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District 0 Parking Requirements 0 Solid Waste Removal Requirements 0 STAFF COMPLIANCE REVIEW Parcel No. R cogotot Current Zoning: 12.- Required Lot Area: Required Setbacks: Front: g 5 ' Side: Rear 10 Building Height: 3 5 (Setbacks other than zoning district standards to be noted on the attached site plan) 5. Number & size of parking spaces required: 3cit_ c3k( 8 red- 6. Off-street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. ACMP Policies: Res. E'Bus. 0 Ind. 0 Other 0 Consistent with KIB CMP: Yes12"No0 Attachment: Yes0 No0 -.., J.- Zoning CompIgnct,Pgrnit Fee eavible ' ice .., . r.... 74. Z.,...j ff.'''. '" .•"` Fed:Schedule: 4.- p4 (eIrjfill. Aggembly Resolution cper, : --'-~ 3Z! a! 7:1 EV, MO, 200$ S, -I, • ri •." , ...a. t..... a r.,.. las Zug' 1.754iengl, 16 to 5.00 acre 74!„, san 4 40.00 acres 40.01 acres or more 560.00 590.00 $120.00 Construction Disposal Deposit Payable i Fee Schedule: (per MB Assembly Resolution Eff. July 1, 2005) Less than 250 sq. ft. S2 0 251 to 500 sq. ft. 501 or greater sq. ft. 51000.00 GARBAGE F1CASH 11/15/2006 16:56:6 t11006783 P A 1 D 1500.(J0 *** Paid lb Full *** Mdiak. Island BOTOU§ Kodiak AK 99615 (937) 486-9324 n Nathaniel Newman PO Box 1847 Kodiak, AK 99615 i t Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kib.co.kodiak.ak.us January 23, 2007 Re: Case 07 -015. Request for a variance, in accordance with KIBC 17.34.040 A and 17.66.020, that the side yard setback be reduced to 8 feet to accommodate a 17' x 20' addition to the structure and existing house projection in the required 10 foot side setback for a zero -lot line dwelling. Dear Mr. Newman: The Kodiak Island Borough Planning and Zoning Commission at their meeting on January 17, 2007 granted the variance request cited above. THIS APPROVAL DOES NOT. ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. Please contact this office for further details. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date: of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. This letter shall constitute the variance. Please bring it when you come to our office to obtain zoning compliance for any construction on the property. The Commission adopted the following findings of fact in support of their decision: FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. Page 1. of 2 The exceptional condition is the shape of the lot which is wide at the front and narrow at the rear. The lot as more than the minimum lot area and lot width. The zero-lot-line overlay zone is unique in that it supersedes the underlying zoning with regard to setbacks and lot area. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application would deprive the lot owner from constructing an addition which would be just fine if the lot were a typical rectangular shape. In considering the amount of relief necessary, however, the site plan shows that a conforming alternative can be achieved with less than a five (5) foot encroachment. It is customary to limit the relief to the absolute minimum necessary to allow conformity. In this' regard the requested relieve is being reduced from five (5) down to two (2) feet of allowable encroachment. 17.66.050 A.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. The neighboring property owner (zero-lot-line owner) has signed off on the addition. The petitioner is also observing a five (5) foot side yard setback along the common lot boundary to be consistent with the existing building line. The adjoining lot on the other side is a municipal owned parcel that is a very large size and currently being used for recreation fields. 17.66.050 A.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. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant will not begin the project until the variance has been decided. The current owner inherited the existing encroachment of a prior owner of the property and had no idea that the property was not in conformity with the setback. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The standard is met. The use of the property will not change, only the floor area of the residential structure. If you have any questions about the action of the Commission, please contact the Community Developme Department at 486-9363. Since e 14, ane Dvorak, Acting Director Community Development Department CC: Community Builders 9. In July of 2006, prior to purchasing their property, Mr. Gilbert and Ms. Inga sought a variety of information about it from both the Borough Assessing Department and the Borough Community Development Department. During the course of this investigation Mr. Gilbert asked whether he could build on this property and was twice told, by two different employees of the Community Development Department, that he could, in fact., do so. Ms. Inga was present on one of these occasions but not the other. One of the employees who told Mr. Gilbert that he could build on the property was Laura Demi; the other was the Borough Zoning Enforcement Officer, Martin Lydick. Mr. Gilbert and Ms. Inga reasonably relied upon this advice in deciding to purchase the property in question at a cost of over $70.000. 10. No legitimate public interest will be served by denying Mr. Gilbert and Ms. Inga the right to construct a home (in the form of a single family dwelling) on their portion of Lot 7, United States survey 3474. Since the borough has treated both portions of Lot 7, United States Survey 3474 as valid and legal lots for over 24 years, and since both lots were created before the December 2, 1982, when KII3 Ordinance 82-46-0, creating KIBC 17.13.050, was enacted, it is proper and appropriate to view both of these lots as nonconforming lots of record within the meaning of chapter 17.36 of the borough code. 11. The position taken by the Borough staff in denying the zoning compliance permit needed for construction of the Gilbert/Inga home to move forward is inconsistent with the Borough's treatment of the lot in question for more than 24 years and directly contrary both to the Borough's position with respect to the adjoining portion of Lot 7, taken as recently as 2005, as well as advice offered to Mr. Gilbert and Ms. Inga by borough staff, acting within the scope of their authority, shortly before they purchased their portion of Lot 7. In view of these circumstances and the substantial tax revenues the Borough has derived from assessing the lot here in question for well over two decades, it would be unconscionable to deny Mr. Gilbert and Ms. Inga the zoning compliance approval and permit they seek. 12. This appeal is granted. The director of the Community Development Department is directed to issue the appropriate zoning compliance permit to Mr. Gilbert and Ms. Inga. The question was called, and it CARRIED 4-1. C) Case 07-015. Request a Variance, in accordance with KIBC 17.34.040 A and 17.66.020, that the side yard setback be reduced to 5 feet to accommodate a 17' x 20' addition to the structure and existing house projection in the required 10 foot side setback for a zero-lot line dwelling. The applicant is Nathaniel Newman and the agent is Community Builders/Dane Larsen. The location is Killarney Hills Subdivision, Block 4, Lot 10B, and the zoning is R2-Two Family Residential. Staff reported (22) public hearing notices were sent out for this case with no comments returned. The petitioners have requested that the setback be reduced to 5 feet to accommodate a 16 by 20 foot addition, but according to the site plan the proposed 16 by 20 foot addition would have a 8 foot 10 inch clearance from the property line. Staff had recommended approval of this variance subject to reducing the 5 foot encroachment allowance down to 2 foot of allowable encroachment. It allows a little fudge room in case their measurements aren't totally correct. A two foot encroachment is adequate for the January 17, 2007 P & Z Commission Minutes Page 7 of 10 addition as proposed. Staff recommended approval recommended reducing it down to two feet of encroachment. COMMISSIONER CARVER MOVED TO GRANT approval of a variance, in accordance with KIBC 17.34.040.A and 17.66.020, to allow the side yard setback to be reduced to 8 feet in order to accommodate a 16 by 20 foot addition to the structure and to allow existing structure projections that are encroaching in the required 10 foot side yard setback for a zero - lot -line dwelling and to adopt the findings contained in the staff report dated January 10, 2007 as "Findings of Fact' for this case. The motion was SECONDED by COMMISSIONER JANZ. Regular session closed: Public hearing open: Public hearing closed: Regular session open: Discussion between the commissioners. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition is the shape of the lot which is wide at the front and narrow at the 'rear. The lot as more than the minimum lot area and lot width. The zero -lot -line overlay zone is unique in that it supersedes the underlying zoning with regard to setbacks and lot area. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application would deprive the lot owner from constructing an addition which would be just fine if the lot were a typical rectangular shape. In considering the amount of relief necessary, however, the site plan shows that a conforming alternative can be achieved with less than a five (5) foot encroachment. It is customary to limit the relief to the absolute minimum necessary to allow conformity. In this regard the requested relieve is being reduced from five (5) down to two (2) feet of allowable encroachment. 17.66.050 A.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. The neighboring property owner (zero -lot -line owner) has signed off on the addition. The petitioner is also observing a five (5) foot side yard setback along the common lot boundary to be consistent with the existing building line. The adjoining lot on the other side is a municipal owned parcel that is a very large size and currently being used for recreation fields. January 17, 2007 P & Z Commission Minutes Page 8 of 10 17.66.050 A.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. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant will not begin the project until the variance has been decided. The current owner inherited the existing encroachment of a prior owner of the property and had no idea that the property was not in conformity with the setback. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The standard is met. The use of the property will not change, only the floor area of the residential structure. The question was called, and it CARRIED 5 -0. D) Case S07 -007. Request preliminary approval, in accordance with KIBC16.40, of the replat of Lots 5, 6, and 7, Block 14, Aleutian Homes Subdivision creating Lots 5A and 7A, Block 14, Aleutian Homes Subdivision, and preliminary approval of the vacation of a 10 foot portion of a platted utility easement, according to KIBC 16.60, along the rear lot line of proposed Lot 7A. The applicant is Gene Sundberg, and his agent is Horizon Land Surveying. The location is 402 and 415 Thorsheim. Aleutian Homes Subdivision, Block 14, Lots 5, 6, and 7, and it is zoned R1- Single Family Residential. Staff reported this request is to consolidate and re- subdivide three lots into two lots. In addition to the process of consolidating these lots proposed lot 7A does benefit from approximately five additional feet being added to the side of the lot. All three lots currently are non - conforming. Current Lots 5 and 6 have a building built over the common lot line. This moves all three lots toward conforming. In addition, the petitioner has requested vacation of the 10 foot utility easement. On the basis of no comment from KEA staff recommended approval of the preliminary plat and the vacation. The one response we received they were opposed to the vacation, and their rationale is if KEA ever extended the line it would favor the remaining the 10 foot remaining easement on their side of the property line. OLD BUSINESS A) Case 06 -0. Request Staff reported () public hearing notices were distributed for this case on , 2006.. Staff COMMISSIONER MOVED TO. COMMISSIONER SECONDED the motion. The question was called and it CARRIED . NEW BUSINESS A) January 17, 2007 P & Z Commission Minutes Page 9 of 10 Nathaniel Newman 3316 Woody Way Loop Kodiak, AK 99615 Kodiak Island Borough Community Development Department • 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 ' vvww.kib.co.kodiak.ak.us December 22, 2006 Re: Case 07-015. Request a Variance, in accordance with KIBC 17.34.040 A and 17.66.020, that the side yard setback be reduced to 5 feet to accommodate,a 17' x 20' addition to the structure and existing house projection in the required 10 foot side setback for a zero-lot line dwelling Dear Mr. Newman: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their January 17, 2007 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 not mandatory but recommended. One week prior to the regular meeting, on Wednesday, January 10, 2007 at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, Sheila Smith, Secretary Community Development Department blic Hearing Item — VI -C MEMORANDUM DATE: January 10, 2007 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the January 17, 2007 Regular Meeting CASE: 07 -015 APPLICANT: Nathaniel Newman AGENT: Community Builders/Dane Larsen REQUEST: A variance, in accordance with KIBC 17.34.040.A and 17.66.020, to allow the side yard setback to be reduced to 5 feet in order to accommodate a 16 by 20 foot addition to the structure and existing home projections that are encroaching in the required 10 foot side yard setback for a zero -lot -line dwelling. LOCATION: Killarney Hills Subdivision, Lot 10B, Block 4 ZONING: R2- Two - family Residential Twenty -two (22) public hearing notices were distributed on December 21, 2006. Date of site visit: None made 1. Zoning History: The 1968 Comprehensive Plan identifies this area as residential. 2. Location: Physical: 3316 Woody Way Loop Legal: Lot 10B, Block 4, Killarney Hills Sub. 3. Lot Size: 5,195 Square Feet 4. Existing Land Use: Zero - Lot -Line Residential Case 07- 015 /Staff Report Page 1 of 5 P & Z: January 10, 2007 -ublic Hearing Item — VI-C 5. Surrounding Land Use and Zoning,: Residential and Ballfields. R2-Zoning 6. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area as Medium Density Residential. 7. 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: 17.34.040 Yards. A. The required setbacks for front and rear yards are identical to those found in the specific zoning district in which the zero-lot-line development is located. The common-wall side yard setback is abated, with the opposite side yard setback being a minimum of ten (10) feet. B. No detached zero-lot-line dwelling unit may be developed adjacent to a non-zero-lot-line property with the common side yard setback abated. (Ord. 91-15-0 .2(part), 1991; Ord. 84-32-0 .1 (part), 1984). 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, onsite 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: 2. Open Space Yes. The lot is served by public sewer. 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. Case 07-015/Staff Report Page 2 of 5 P & Z: January 10, 2007 Hearing Item — VI-C 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. Consistent: Not applicable. This lot is not located in a known hazard 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. There will be no filling of wetlands due to this variance request. COMMENTS This request is intended to permit one side of an existing zero-lot-line dwelling to encroach up to five (5) feet into a 10 foot side yard setback. The zero-lot-line overlay zone is a little different than a typical zong in that the normal 5 foot side yard in the R2 zone is abated in favor of a 10 foot setback along the outside side lot lines of the two dwelling sites. In this case, Lots 10A and 10B are already developed with dwelling units and the owner of Lot 10B wishes to make a 16 by 20 foot addition to the rear of the dwelling. An as-built survey shows that a portion of the existing structure already encroaches 1.8 feet into the 10 foot side yard and the proposed addition will encroach 1.2 feet. Case 07-015/Staff Report Page 3 of 5 P & Z: January 10, 2007 r ublic Hearing Item — VI -C RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a variance, in accordance with KIBC 17.34.040.A and 17.66.020, to allow the side yard setback to be reduced to 8 feet in order to accommodate a 16 by 20 foot addition to the structure and to allow existing structure projections that are encroaching in the required 10 foot side yard setback for a zero - lot -line dwelling and to adopt the findings contained in the staff report dated January 10, 2007 as "Findings of Fact" for this case. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition is the shape of the lot which is wide at the front and narrow at the rear. The lot as more than the minimum lot area and lot width. The zero - lot -line overlay zone is unique in that it supersedes the underlying zoning with regard to setbacks and lot area. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application would deprive the lot owner from constructing an addition which would be just fine if the lot were a typical rectangular shape. In considering the amount of relief necessary, however, the site plan shows that a conforming alternative can be achieved with less than a five (5) foot encroachment. It is customary to limit the relief to the absolute minimum necessary to allow conformity. In this regard the requested relieve is being reduced from five (5) down to two (2) feet of allowable encroachment. Case 07 -015 /Staff Report Page 4 of 5 P & Z: January 10, 2007 blic Hearing Item — VI -C 17.66.050 A.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. The neighboring property owner (zero -lot -line owner) has signed off on the addition. The petitioner is also observing a five (5) foot side yard setback along the common lot boundary to be consistent with the existing building line. The adjoining lot on the other side is a municipal owned parcel that is a very large size and currently being used for recreation fields. 17.66.050 A.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. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant will not begin the project until the variance has been decided. The current owner inherited the existing encroachment of a prior owner of the property and had no idea that the property was not in conformity with the setback. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The standard is met. The use of the property will not change, only the floor area of the residential structure. Case 07 -015 /Staff Report Page 5 of 5 P & Z: January 10, 2007 KUIMAK ISLAND BOROUkill COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, January 17, 2007. 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: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 07 -015 Nathaniel Newman Community Builders/Dane Larsen A Variance, in accordance with KIBC 17.34.040 A and 17.66.020, that the side yard setback be reduced to 5 feet to accommodate a 17' x 20' addition to the structure and existing house projection in the required 10 foot side setback for a zero -lot line dwelling. Killarney, Hills Subdivision, Block 4, Lot 10B R2 -Two Family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments m the space below, or in a letter to the Community Development Department prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9396. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, January 10, 2007, a work session will be held at 7:30 p.m in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please fee free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Current Location illAgenda Item # VI C P & Z Case # 07 -015 Nathaniel Newman Request a Variance, in accordant,_.,, with KIBC 17.34.040 A and iiim 17.66. 020, that the side yard setback be reduced to 5 feet to accommodate a 17' x 20' addition to the structue and existing house projection in the required 10 foot side setback for a zero -lot line dwelling. The location is 3316 Woody Way Loop, Killarney Hill Subdivision, Block 4, Lot 10B. i N s E 0 225 450 Feet 1 1 1 Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Alaska Highway System, GPS centerline data. National Highway System, Highways, Roads, Streets., Alaska D.O.T. Sept. 2002 Contour information:USGS Digital Elevation Model Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360 Created in ArcGIS 9, NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized property records in the Assessing Dept. This data has not been reconciled with data contained in manual files which may be more up -to -date. Kodiak Island Borough Community Development Department. BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK, AK 99615 CORP OF ST MARY'S PARISH 225 CORDOVA STREET ANCHORAGE, AK 99501 -2409 ALAN SCHMITT ETAL SR 3295 WOODY WAY LOOP KODIAK, AK 99615 D GARRICK & STACY PARKER 3314 WOODY WAY LOOP KODIAK, AK 99615 DANA & SUSAN REID PO BOX 8935 KODIAK, AK 99615 SUSAN FARLING P 0 BOX 281 KODIAK, AK 99615 STEVEN & KATHRYN TYNER P.O. BOX 645 KODIAK, AK 99615 TROY & JANELLE PETERSON 3246 WOODY WAY LOOP KODIAK, AK 99615 KODIAK AREA NATIVE ASSOC 3449 REZANOF DR E KODIAK, AK 99615 RUSSELL &SUSAN PATRICK 3313 WOODY WAY LOOP KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 DANA & SUSAN REID PO BOX 8935 KODIAK, AK 99615 JOSEPH & KATHERINE SEKERAK 3286 WOODY WAY LOOP KODIAK, AK 99615 MELAYNA HALVORSEN P.O. BOX 136 KODIAK, AK 99615 O'BRIEN & ERIN HOLLOW PO BOX 552 KODIAK, AK 99615 ROBERT & MARY SIBERT 3010 MILL BAY RD KODIAK, AK 99615 ANNA MARIA BISHOP BISHOP 3305 WOODY WAY LOOP KODIAK, AK 99615 NATHANIEL NEWMAN PO BOX 1847 KODIAK, AK 99615 JEANNINE RENNICK LIVING TRUST 3296 WOODY WAY LOOP KODIAK, AK 99615 ROBERT L. DAVIDSON PO BOX 1241 CONVERSE, TX 78109 BARRY F & JOAN J ALTENHOF PO BOX 1373 KODIAK, AK 99615 LEROY COSSETTE PO BOX 8670 KODIAK, AK 99615 Tuesday, November 09, 2004 1, D.Garrick Parker, will grant permission ,only if the following conditions are met, to my zero -lot -line- neighbor Scott Newman to build an addition to his home 1) no windows will ever be installed in the new wall that faces my residence. 2) the old exit(glass door) be removed to the new wall which is closest to the ball field in the back of the house; ie the back wall of the new addition, and shall not face my property. 3) Scott accepts responsiblity for any change in the drainage of our properties caused by this new construction, and shall remunerate me for any loss of property/money which might be caused by any lack of drainage. 4) no decking shall be built between the new addition and our common property line. . Garrcik Parker - 0 N Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 7A1ng 4. 4 4 ROBERT L. DAVIDSON PO 130X 1241 CONVERSE, TX 78109 049J82035543 $00.390_ 12/22/2006 Mailed From 99615 US POSTAGE NIXIE 782 1 00 12/31/06 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 99615689029 *0172-02174-24-81 111111111111111111,1171111,11mI11111111)1311111JIllt1 11J Kodiak Island Borough 0 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 --- DID P Nathaniel Newman 0 3316 Woody Way Loop Kodiak, AK 99615 ti■ 1 (0 , E 99615X6898 049J82035543 $00.390 12/22/2006 Mailed From 99615 US POSTAGE NIXIE 995 1 .0 12/26/06. : RETURN TO SENDER NO MAIL RECEPTACLE UNABLE TO FORWARD BC: 99615639829 *1989-00330-26-27 : KODIAK ISLAND BOVJGH - COMMUNITY DEVEVI? MENT DEPARTMENT 710 Mill Bay Rd., Roork.__:5, KODIAK, AK 99615-6398 (907) 486-', 4 - FAX (907) 486-9396 wwvv.kib.co.kodiak.ak.us Applicant Information i1i (AI Property owner's name e° C"(9)( 1547 .1 Pro erty ow er's mailingareSs Y:, qedo i5 City State Zip 1111-..1‘7q6 0'9 -49)q0 Home phone Work Phone E-mail Addr. r Agent's name (If ap licable) • PO, beY).4 Agent's mailing address to, City g -3e?-5 _40 iriP Home phone Work Phone Ada State crq Zip E-mail Addr. Property Information 11gbeq0101 Property ID Number/s kt ?t1 V'uvwij Legal Description Current Zoning: Q 12- 1—U-5D :sti-11(1-1 i(e-5 of2c_id. Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: trle-rted 4i1_14.0 Proposed Use of Property: LI: vel r 1L4- --rtAc pad 6.4\ t tfi_AA I fL1 tanit st;-Cy . , 04.(2 dCeJ 4) c&Tripii.krtcri, (Note: Us additional sheets, it needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site planl for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History / As-built Survey Photogpjphs Maps Other Property Owner s Signa ur Date Authori d Agent's Signature 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: / Z 39 ,oqo A %./Variance (KIBC 17.66.020 50.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION • .01HER FICASH 1129/2006 *ZJAciik*Iialige, 0'110104E Wilti6ksfledu le: trfetAKIN Assembly Resol Eiftfiliuly,I. 2005) *** Paid in Full *la Kdi tiMandlarauges S350.00 • ii4;514169181-fls S750.00 56171o4 pAgeres S1.000.00 40.01 acres or more $.1.„500,00 07-O\5 ble Kodiak Island Code A, lication )le. .e General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. Conditional Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent.. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; B. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner which will maximize public benefits. 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development 17.34.090 Site plan requirement. Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by a. section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior toissuance of building permit. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 N: \CD \Templates \ComDev \Revised F -CUP Variance Application.doc f 11 •-• 0 LOT 10D (5, 195 ./ BURIED FUEL TANK a 0.• I A % \ nje 0 / fr . . / A f' k ?,/t *: • / 0:v. \ ,..' al I:: \ .....• \ • \ 7., tr > tz. \ \ ",,6) liev / \ // 0 .ts CI-IECKED AikiD UP-DATED, / OEC. (Apoo ER.TRIE-/ ai TANK ANP PARK/TVG) • AS 8W LT SU EY \'= zo I '