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EAST ADD BK 34 PTN LT 16 & 17 - Variance
Mr. & Mrs. Chris Berns - PO Box 23 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 wwvv.kib.co.kodiak.ak.us February 22, 2010 Re: Case 10 -012. Request a variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10- foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- T'ivo- family Residential zoning district. Dear Mr. & Mrs. Berns: The Kodiak Island Borough Planning and Zoning Commission at their meeting on February 17, 2010, 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. KIBC 17.195.090 An appeal of the commission's decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the commission's decision. The notice of appeal must state the specific grounds for the appeal and relief sought by the appellant,.and is accompanied by the appropriate appeal fee of $350. Therefore, the commission's decision will not be final and effective until ten (10) calendar 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. •1 ( Compared with other typical R2 zoned lots, further structural development is significantly constrained by the triangular shape of the lot and the substandard lot size as well as topography caused by the elevation differential between Marine Way on the designated front of the property and Tagura Road at the rear. Topography and the generally substandard size of residential lots in this area have resulted in numerous variances over the years for additions and/or parking decks. Brief research revealed seven variances just within Block 34 of East Addition (Cases 81-024 and 86-060 on Lot 2; Case 92-001 on Lot 8-9; Case 98-020 on Lot 11A; Cases 87-011 and 90-071 on Lot 13 and Case 01-043 on Lots 16 and 17) 17.66.050 A.2.Strict 'application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of disallowing the property owners the option of upgrading their dwelling in a reasonable way. Without a variance, reconstruction of the addition providing comparable living space to other typical single-family dwellings would not be possible or economical. Attempting to build only within the designated setback while severely limiting the size and shape of .a conforming addition, would also make the construction and design process unnecessarily expensive and complicated. In addition, replacement of the older nonconforming structure with new construction located entirely on the property may remove an unnecessary hardship by providing the property owners access to traditional financing and housing loans heretofore unavailable due to the right-of-way encroachment. 17.66.050 A3.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 granting of the variance will not result in material damages or prejudice to other properties in the vicinity. The single-family use will not change so that density will not increase as a result. There would be no compromise to public health, safety and welfare. On the contrary, the variance can be seen as enhancing public safety and welfare since it will facilitate removal of a significantly encroaching, badly deteriorating structure from the public right-of-way. The City of Kodiak would be enabled to widen Tagura Road, providing better access for the neighbors. 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 increase existing density or alter any permitted land uses, and is not contrary to the objectives of the Comprehensive Plan which designates this area as residential. This would also be consistent with the intention of Title 17 (Zoning) of Borough Code as an element of the Comprehensive Plan to "...permit nonconformities to continue until they are eliminated." (KIBC 17.140) 17.66.050 A.5.That actions of the applicant did not cause special conditions or fmancial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions for which relief is being sought by variance. The location of the older structure encroaching the right-of-way was established long before the applicants took ownership. If anything, action undertaken by the property owners to remove the encroaching structure from the riiht-of-way will alleviate a long-standing problem. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The existing single-family use will continue and is a permitted land use in this zoning district If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Sincerely, fleQcL Cc)aZ Sheila Smith, Secretary Community Development Department CC: Borough Clerk's Office Kodiak Island Borough Planning & Zoning Commission Minutes February 17, 2010 Assembly Chambers CALL TO ORDER Call to order the February 17, 2010 regular meeting of the Planning and Zoning Commission at 7:33 p.m. ROLL CALL Commissioners present were Brent Watkins, Casey Janz, Dave King, Alan Torres, and Lori Ryser. Excused was Bill Kersch. Community Development staff present was Bud Cassidy and Sheila Smith. COMMISSIONER TORRES MOVED to excuse Bill Kersch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER JANZ MOVED to approve the February 17, 2010 Planning & Zoning agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER RYSER MOVED to approve the January 20, 2010 Planning & Zoning Regular Meeting Minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 10-012. Request- a variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single-family dwelling to encroach four (4) feet into the required 10-foot rear yard setback and three (3) feet into the required 25-foot front yard setback on an odd shaped and nonconforming lot in the R2-Two-family Residential zoning district. The applicants are Chris & Lacey Berns. The location is 814 E. Tagura Road and the zoning is R2-Two Family Residential. Cassidy stated the applicant plans on removing a 1950's style home that's built within the right of way of Tagura Road. Staff recommends approval and staff thinks this variance meets all the requirements to grant a variance that includes the sub-standard size of the lot, the irregular shape of the lot, and some of the topographic constraints. COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.80 (R2) and KIBC 17.195 (Variance), to allow a 20 by 20 foot addition to a single-family dwelling to encroach four (4) feet into the required 10-foot rear yard setback and three (3) feet into the required 25-foot front yard setback on an odd shaped and nonconforming lot in the R2-Two-fainily Residential zoning district, and to adopt findings contained in the staff report as "findings of fact" for this case. The public hearing was opened and closed: Chris Berns, applicant, spoke in support of the request. A brief discussion. In response to COMMISSIONER WATKINS' question of is there a mechanism, something we should start for looking at that road work, Cassidy replied he thinks we can bring the City Public Works Engineer into the discussion, and if the roads aren't going to be in the right of ways is there any value in eliminating them. February 17, 2010 P&Z Minutes Page 1 of 6 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. Compared with other typical R2 zoned lots, further structural development is significantly 'constrained by the triangular shape of the lot and the substandard lot size as well as topography caused by the elevation differential between Marine Way on the designated front of the property and Tagura Road at the rear. Topography, and the generally substandard size of residential lots in this area have resulted in numerous variances over the years for additions and/or parking decks. Brief research revealed seven variances just within Block 34 of East Addition (Cases 81 -024 and 86 -060 on Lot 2; Case 92 -001 on Lot 8 -9; Case 98 -020 on Lot 11A; Cases 87 -011 and 90 -071 on Lot 13 and Case 01 -043 on Lots 16 and 17) 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of disallowing the property owners the option of upgrading their dwelling in a reasonable way. Without a variance, reconstruction of the addition providing comparable living space to other typical single - family dwellings would not be possible or economical. Attempting to build only within the designated setback while severely limiting the size and shape of a conforming addition, would also make the construction and design process unnecessarily expensive and complicated. In addition,' replacement. of the older nonconforming structure with new construction located entirely on the property may remove an unnecessary hardship by providing the property owners access to traditional financing and housing loans ,heretofore unavailable due to the right -of -way 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 granting of the variance will not result in material damages or prejudice to other properties in the vicinity. The single - family use will not change so that density will not increase as a result. There would be no compromise to public health, safety and welfare. On the contrary, the variance can be seen as enhancing public safety and welfare since it will facilitate removal of a significantly encroaching, badly deteriorating structure from the public right -of -way. The City of Kodiak would be enabled to widen Tagura Road, providing better access for .the neighbors. 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 increase existing density or alter any permitted land uses, and is not contrary to the objectives of the Comprehensive Plan which designates this area as residential. This would also be consistent with the intention of Title 17 (Zoning) of Borough Code as an element of the Comprehensive Plan to "...permit nonconformities to continue until they are eliminated." (KIBC 17.140) 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 actions of the applicant have not caused the conditions for which relief is being sought by variance. The location of the older structure encroaching the right -of -way was established long before the applicants took ownership. If anything, action undertaken by the.property owners to remove the encroaching structure from the right -of -way will alleviate a long- standing problem. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The existing single - family use will continue and is a permitted land use in this zoning district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY B) Case 10 =013. Request an appeal, in accordance with KIBC 17.220, of an administrative determination resulting in the issuance of a Notice of Violation regarding the use of Lot 10, Block 1, Pasagshak Subdivision for a "full service lodge, including room accommodations, meals, guiding and February 17, 2010 P &Z Minutes Page 2 of 6 FEB-13-2010 132 :05 PM LLER DoriTypiRp kpit_cxd -1480 5024 2/12/2010 Please see that these fax copies gets to Cormnunity Development. We are out of town and tumble to come in aim! testify at the Public Hearing in favor of the request for variance by Chris and Lacey Berns, Thanks, Anne Kaki° P. 05 VI A Case 10-012 FEB. e. BOATYARD KALCXC • 987 5824 KODIAIC ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Rey Road,-Kodiak, Alaska 99615 Public Hearing Item VI-A PUBLIC *HEARING NOTICE riZErrirring will be held on Wednesday, February 17, 2010. The tneetniFOrEegitTf 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: •11XQUPTi ./.4),PATION; ZONING: 10-012 :Chris & Lacey Berns .A variance, in accordance with igpc 11,195,, to allow a 20 by '20 foot addition to a single-fandly dwelling to encroach four (4) feet into the required rear yin*.ettback:rintcHtz-6e-9)-loot into Ifie'letintred15,:font. front- yard setback On an odd shaped and norioenfOrming lot in the R2-Two.family 'Residential zoningdiatrict. 814E.TaguraRoad _ :R2-Twofarnily Residential Thlan Oboe is being sent to you because; our reoords indicaleyoutre A•prope4y oWnortinieregeedpartyln the area of OA 014.0g. If YOu ito.‘01$ *411.11;140.004f,'YattiallyilowlIWY'PriRvida your onini*nt&in iho‘Oinio9 below, Or in a letter to 'the. community PevelopmentbePartment-26E to the ttlepting, 'llyott would like to fax yoUrtornmentsle tis, Our fax •tiumbefis:- (9071),, 4864396. If you would like to tesiltyvla telephone, please call in your comments during the Appropriate public hearing section ot'the Ineetitit Thelticid etill4n telephone- niiiiibt*W4B45a231. The rolt.free aelephone.numberis 1406..4°44736: .., One *Pec(prior to the regular Meetirig; on Wedtteaday,TChnietY .10,,7011); a work seeakin*ill.bo..held et,1:$0 p.m. in the •kodialt.islandttorough Conference *Worn (ti121); to tetfie*iho packet Material -forthe. case.: Koclialcialen0. Borough Code .provides you with spoeitic appeal rights if you disagree '.-With the Commission's decision -On, this reepiesti Ifyou have any kittestitithitibontlhe request or your appeai riglith,:pleaSefeet free to callus at,486-0361. vourtgeniet Mimi Aedriou _ . Your prpperirdeicilpiton;;,..„., .. . , . . .Ann e • and Vito Katcie owners or property at Kodiak Subdivision, ot an'. - -eite A • 4 14o.ts 4; ; • -5: on agora ° . 'an 4 - ' Ot S and 13 on Mission Road; the properties • ectlyadjacentto is variance by - have. Noi,i(.7:tig'S n tOrtaltiVsrsl.ron . , is atett.oillancrns Chris . Lace Berns. Roads • 1 • • 10. • .14 .:.1.1 Is %.1 3 . 11- 2:1_ 1,6 :: es were built land Awl:5, ever suryeyed... Myra does: notso dim • - ,!. " 7 ails ! I es': ri_‘ Atm i 6 CA I' ' / . i / cle7.1 • Al -.........................—...—...--...-.- P 02 FEB-13--2010 82�4 crL.LEIR BOATYARD KALCIC 9r48 5824 KODIAK ISLAND BOROUGH COMNIUNITY DEVELOPMENT DEPARTMENT '710 lvillillay„Road, Kodiak, Alaska,99615 blic Henri item VI-A PUBLIC HEARING NOTICE A-public hearing Mibrraeld on WetTiestiln=iaiy7 17rrrectot‘ivio begin at 7;30 p.m, in the Borough Assembly Chambersi 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak bland Borough Planning and Zoning Cortindision, to hear comments if any, on the f�ll�wing teauegt:, CASE: APPLICANT: REQUEST: LOCATION: ZONIM: clujs4 Lacey Bents A variance, in accordance with KIBC 11,195, to allow 2Q by 20 foot addition to a single-family dwelling ,to encroach four (4) feetinte the required lO-fgot .rAr Yigii..K04.4.0nd.Arge _(3), jAto-,,tilq filtqpirid 25ibtit.front yard setback on an odd shaped and noticonfOrming lot in the R2-TWO-family Residential zoning district. 814 E. Tagura Road- ' R-,/ ;Two. Family Residential This notieelii:being sentioyou.heceuse onettoonts indicate. youtratpropertfo*Unlititerested party n.the area of , the request: If yon do not,NOsit tutestify vernally, you rt1eY *Vide ,yoUrietintinents in the space belOWi:of in *tenor to the Community Development 1>epainfientsiak to the meeting : Ify,c4Avould.like:th fint your comments to our flix -mintier is (907) 486-9390. '1f you Would like tuteitify via telephone, please call in your comments ,luring the appropriate public hearing,Seetion of thUntoeting: .Theleteyetii,hutelephone number bo 486-3231 The free numbetlit".1409,47446.. One week prior to reigniar:tneeting, on Wednesday, February 10,1010 a work sago will behele1,43i30 p rn in the Icedialcfslitittl 'Borough tonfereneilkeinn (#111),toteviewthe'packet materitilifot.t1W0sei: Kodiak, island Borough 'code provides you with ,speeifie appoal righti lfyou disagree' with the rOrraniainores dootaltin,4n.:this request. lf you have any questions about the request Or your appeal rightit,,pleeiefeel.free theell.us 4405,9153. YourNinter 140illeg kettreisi Yinwereporo.desertellout 0'1 Current Location 14 E. Tagura Rd. & Z Case # 10 -012 hris & Lacey Berns P guest a variance, in accordance ' `h KIBC 17.1 \.b,y 20 foot addition to a single - family dwelling to encroach fo feet into the required 10 foot rear yard setback and three into the required 25 -foot front yard setback on an odd shape . nonconforming lot in the R2- Two - family Residential zoning dist Feet 0 100 200 300 400 500 11111111 I 111111111111 Legend Subject Parcel Notification Area 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 infonnation: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. Legend Business 1J Two Family Residenti Conservation 11 Multi Family Resident Industrial Retail Business Light Industrial Rural Residential Natural Use Rural Residential 1 Public Use Rural Residential 2 Single Family Residential Split -Lot Zone S Map prepared for the purpose of showing the Zoning 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. Public Hearing Item — VI -A MEMORANDUM DATE: January 29, 2010 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 17, 2010 Regular Meeting CASE: 10 -012 APPLICANT: Chris & Lacey Berns REQUEST: A variance, according to KIBC 17.80 (R2) and KIBC 17.195 (Variance), to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet . into the required 10 foot rear yard setback and three (3) feet into the required 25 foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 Tagura Road ZONING: R2- Two - family Residential Forty-four (44) public hearing notices were distributed on January 20, 2010. Date of site visit: January 29, 2010 1. Zoning History: This area has been zoned R2- Two - family Residential since before the 1968 KIB Comprehensive Plan was adopted. The Planning & Zoning Commission granted a variance in February, 2002, to allow an addition that would encroach 6 feet into the 25 foot front yard setback and 8 feet into the required 10 foot rear yard setback. (This addition was never constructed and the variance was allowed to lapse by the petitioners). 2. Location: Physical: 814 Marine Way Legal: Lots 16 & 17, Block 34 East Addition 3. Lot Size: 6,838 Square Feet 4. Existing Land Use: Single - family Residential Case 10- 012 /Staff Report Page 1 of 9 P & Z: February 17, 2010 Public Hearing Item — VI -A 5. Surrounding Land Use and Zoning: North: Lot 15, Block 34, East Addition Use: SFR Zoning: R2 South & East: Tideland Tracts N -25A, N -37A and N -38A Use: Processing plants and boatyard Zoning: I- Industrial West: Lots 1B and 3A -2, Block 35 East Addition Use: Duplexes Zoning: R2 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area as 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: 17.80.050 YARDS. A. Front Yard. 1. The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 5 feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 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 depaituient and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. Case 10- 012 /Staff Report Page 2 of 9 P & Z: February 17, 2010 Public Hearing Item — V1-A 17.195.050 APPROVAL OR DENIAL. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. 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. 17.195.060 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. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the Case 10-012/Staff Report Page 3 of 9 P & Z: February 17, 2010 '—` / Public Hearing Item — VI-A commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appea specifying the grounds thereof. 17.195.100 STA��PB3�I�DN (�/������� �uz appeal frmo�adecision granting a variance stays the decision appealed from until there is a final decision on the appeal. COASTAL MANAGEMENT APPLICABLE PO XCUES 4.4 Enforceable Policies B. Coastal Development POLICY B-1: MULTIPLE USE a. Structures or dredged or fill material placed in ooanbal waters shall be designed to minimize the need for duplicative facilities, onsistency: Not Applicable. will not involve the placement of structures, dredqe -naterial in coastal waters1 b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. Consistency: Not Applicabte. The project |onalonisnntad' nt to or within coastal waters POLICY B-3: DREDGE AND FILL ACTIVITIES a. An applicant for a project that will place structures or discharge dredge or fill material into coastal waters must include in the project description measures that will limit the extent of direct disturbance to as small an area as possible. Not Applicable. The project location is not adjacent to or within coastal wateril b. This poticy is established for the Coastal Development standard (11 AAC 112.200) subject use. It applies to all uses and activities related to placement of structures in or adjacent to coastal waters and placement of dredged or fill material into coastal waters. onoiatanoy: Not Applicable. The p 'ect|umationinnotodiocentboorwithinooasta|vvaters> C. Natural Hazards POLICY C-1: EROSION AND LANDSLIDES a. Proposed development and resource extraction activities in designated erosion hazard areas shall: 1. Minimize removal of existing vegetative cover, and 2. Stabilize soils and re-vegetate with native species for areas where development necessitates removal of vegetation, unless re-vegetation activities would cause more damage. Consistency: Not Applicable. The project location is not located iri a desiqnated erosion hazard areai b. Subsection a applies to areas designated as erosion hazards under 11 /AC 114.250(b) as described in Section 4.5.2. Consistency: Not Applicable. The project ' onio not located in a steep siope area or identified ag Wthin an erosion hazard areal Case 10-012/Staff Report Page 4ofy P & Z: February 17, 2010 • \ / Public Hearing Item — VI-A FY Coastal Habitats and Resources POLICY D-5: WIND GENERATION AND BIRD HABITAT a. The applicant shall incorporate measures into the project description regarding the siting of wind generation p 'act to minimize mortality to birds. These measures shall include, but are not Iimited to, installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate technology that has been demonstrated to reduce bird mortality from wind turbines. IConsistenc Not A |icoble. The ^ro'eci does not involve a wind generation b. This poli applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230. ponsistency: Not . The project does not involve the development or construction of an, facitityi H. Recreation POLICY H-1: PROTECTION OF RECREATION RESOURCES AND USES a. On public lands and waters used for recreation activities within designated recreation areas or on private lands and waters within designated recreation areas where the landowner has granted formal permission for recreational activities, rion-recreational projects and activities shall be Iocated, designed, constructed and operated to avoid significant adverse impacts to recreation resources and activities, including access and scenic views unless a comparable alternative recreational opportunity can be provided that would not decrease the quality of the recreation experience in another area. Oo"aintency: Not applicable. This request request cices not invdlve the use or development nf public lands orl waters used for recreation or any other public purpose b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at Ieast four feet above the ordinary high water mark, 3. Struotunes, other than vveiro, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to aflow for small boat passage over or around the structures, and warning signs shall be placed at least 25 yards upstream of the weirs. ponsistency: Not applicable. The,project isnmtlocatadolong a water body !.Jsed for c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. Oonsiatancy: Not applicable. This identified or reserved for recreational usd �Dder11/�\C114.25D(o) I. A[chaeo|od'ca| and Historic Resources POLICY 1-1: CONSULTATION AND SURVEYS a. For projects within the historic and prehistoric designation area, the applicant shall submit with the consistency review packet an assessment of potential impacts to historic and prehistoric resources and a plan for the protection of those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Musoum, Consistency: Not applicable. The project is notknovxntobe Iocated in an area identified as a historid ,kmprehistoric resource area. Case 10-012/Staff Report Page 5 of 9 P & Z: February 17, 2010 ~/ Public Hearing Item —Vl+A b. This policy is established for areas designated for the study, understanding and iHustration of history and prehistory under 11/AC114.25O(i) as described |n Section 4.5.4.|t applies to all uses and activities that could affect these resources. Consistency: Not applicable. The project ianot Iocated in an area identified as a historic or prehistoriq iesource area POLICY 1-2: RESOURCE PROTECTION a. For projects within the historic and prehistoric designation area, if previously undiocovanadartifactaor areas of historic, prehistoric or archaeological importance are encountered during deve|opmant, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation outhoh1ieo, and the curation facility if artifacts are discovered on the project site. ;Consistency: Unknown. The project may be located within an undao|gnated area historic or prehistoric areal b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 /AC 114250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency: Unknown. The prcject may be Iocated in an area identified for the stud understanding r iHustration of history and prehistory under 11 AAC 1 14.250(I)F K. Mineral Extraction and Processing POLICY K-1: SITING OF MATERIAL SOURCES a. Sources of sand and gravel shall be authorized in the foHowing priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of Iow habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. b"nmimbancy: Not Applicable. The p 'ectdoemno{invo|waexinact|oqofomndandgmsye|rmoVu[oeo( b. This policy applies to the sand and gravel standard (11 AAC 112.260). ',Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources) 4.5 Designated Areas 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4~5.3 Irnportant Habitat Areas N/A 4_5_4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing FaciUities N/A 4.5.6 Subsistence Areas N/A Case 10-012/Staff Report Page 6of0 P & Z: February 17, 2010 Public Hearing Item — VI -A COMMENTS The purpose of this request is to allow the construction of a 20 by 20 foot (two -story) residential addition to an existing single - family residential dwelling. In actuality, the new addition will require the demolition of the original nonconforming structure which substantially encroaches into the Tagura Road right -of -way and will be connected to a former addition to that original structure. As the new addition will be located more centrally on the lot the variances requested in this case are much less than would be required to address the portion of the dwelling to be destroyed in order to make room for this addition. Interestingly, the Commission previously granted a variance for a similar but larger 24 by 24 foot (two -story) addition in 2002. That variance was never acted upon however and it expired within the 12 month period in which a variance must be used. The property is described as (a portion of) Lot 16 and Lot 17, Block 34, East Addition. The property is roughly triangular in shape and it is wider than it is deep. The property is locacted between the Marine Way right -of -way and the unconstructed Tagura Road right -of -way. The property is located in an older residential neighborhoods of Kodiak. The 6,838 square foot lot is nonconforming in area, but not significantly so. The major factors on this lot appear to be the unusual lot shape, double frontage and topography. According to information on file, the original house dates back to the 1950's or earlier. The original house portion to be removed encroaches approximately 14 feet into the 20 foot wide Tagura Road right -of -way. This has been allowed to remain in the right -of -way by the City of Kodiak as "grandfathered ", but it has always been an unlikely prospect for the city to allow the original structure to remain as an encroachment once it's useful lifespan has been reached. A brief research of the area indicates that a number of other similar variances have been granted within Block 34 of East Addition. These cases include: 81 -024 and 86 -060 on Lot 2; 92 -001 on Lots 8 and 9; 98 -020 on Lot 11A; 87 -011 and 90 -071 on Lot 13; and 01 -043 on Lots 16 and 17. The petitioner is not proposing any change of use so that the single- family residential density will not change and the off - street parking situation will not be affected. 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. Case 10 -012 /Staff Report Page 7 of 9 P & Z: February 17, 2010 Public Hearing Item — VI-A APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance, according to KIBC 17.80 (R2) and KIBC 17.195 (Variance), to allow a 20 by 20 foot addition to a single-family dwelling to encroach four (4) feet into the required 10-foot rear yard setback and three (3) feet into the required 25- foot front yard setback on an odd shaped and nonconforming lot in the R2-Two-family Residential zoning district, and to adopt findings contained in the staff report 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. Compared with other typical R2 zoned lots, further structural development is significantly constrained by the triangular shape of the lot and the substandard lot size as well as topography caused by the elevation differential between Marine Way on the designated front of the property and Tagura Road at the rear. Topography and the generally substandard size of residential lots in this area have resulted in numerous variances over the years for additions and/or parking decks. Brief research revealed seven variances just within Block 34 of East Addition (Cases 81- 024 and 86-060 on Lot 2; Case 92-001 on Lot 8-9; Case 98-020 on Lot 11A; Cases 87-011 and 90-071 on Lot 13 and Case 01-043 on Lots 16 and 17) 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in the practical difficulty of disallowing the property owners the option of upgrading their dwelling in a reasonable way. Without a variance, reconstruction of the addition providing comparable living space to other typical single-family dwellings would not be possible or economical. Attempting to build only within the designated setback while severely limiting the size and shape of a conforming addition, would also make the construction and design process unnecessarily expensive and complicated. In addition, replacement of the older nonconforming structure with new construction located entirely on the property may remove an unnecessary hardship by providing the property owners access to traditional financing and housing loans heretofore unavailable due to the right-of-way encroachment. Case 10-012/Staff Report Page 8 of 9 P & Z: February 17, 2010 Public Hearing Item — VI-A 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 granting of the variance will not result in material damages or prejudice to other properties in the vicinity. The single-family use will not change so that density will not increase as a result. There would be no compromise to public health, safety and welfare. On the contrary, the variance can be seen as enhancing public safety and welfare since it will facilitate removal of a significantly encroaching, badly deteriorating structure from the public right-of-way. The City of Kodiak would be enabled to widen Tagura Road, providing better access for the neighbors. 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 increase existing density or alter any permitted land uses, and is not contrary to the objectives of the Comprehensive Plan which designates this area as residential. This would also be consistent with the intention of Title 17 (Zoning) of Borough Code as an element of the Comprehensive Plan to "...permit nonconformities to continue until they are eliminated." (KIBC 17.140) 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 actions of the applicant have not caused the conditions for which relief is being sought by variance. The location of the older structure encroaching the right-of-way was established long before the applicants took ownership. If anything, action undertaken by the property owners to remove the encroaching structure from the right-of-way will alleviate a long-standing problem. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The existing single-family use will continue and is a permitted land use in this zoning district. Case 10-012/Staff Report Page 9 of 9 P & Z: February 17, 2010 710 Mill Bay Rd., Room 211A KODIAK, AK 99615-6398 (907) 486-9363 - FAX (907) 486-9396 www.kib.co.kodiak.ak.us 1-1 Applicant Information DI! () cl.t■ Property owner's name Pox r),3 Propert owner's mailing address iCo 8 iv1/4 Cc y Cf, r\.$ City Home phone State Work Phone 9)61615 Zip civiSL E-mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr. Property Information no.oi'kon0 Property ID Numberis f , ock Legal Description Current Zoning: ER Applicable Comprehensive Plan: Year of Plan adoption: '201 Or; r Air/Lori/fill/A fr; Present Use of Property: esi eiNtic, I- -800_5? p4 ode, colcv e't''' V15:3 jl■ c+o-\ C),0 O c4 ty\-. loos- cwt. ■,1/4,KC;etts k3CV.'•- A Proposed Use of Propertyt"o Le e e rtol C IrA Pr.: to• iv% CfGo' \r\ c q01X ?0`) S S I f,t ht LA ‘ck 4'41.0 f; A CjdbkON 44'tnt:eas • .setLci< tin A-0 0' Qccv Set eke, (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I 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 plan.: for variance and conditional use requests and which may include optional supporting documentation as Indicated below. Additional Narrative/History As-built Survey \,/ Photographs Maps Other \ PeC . 2•0Dc\ Prorty Owner's Signature Date Authorized Agent's Signature Date 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; berrns, 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 Bob/Of:Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Sectionts):Iiiktlyedc, ! W. 0Yo , 4- + Z .•••.1 t-+. ,-..., 0C: --i; .., IN .* M. r.:-.;■ p,. *--. / Variikce3RIBC 17.60.402'50.00 Conclit,iprIOEUse Perrnit (KIBC1767 ,020.B) $250.00 Oth&:Oppearance recifilests, site pi review, etc.) $150.00 Zoning. 'cfpa'n." ge from —, t. (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION *Zoning Change, Fee Scitedule: (per KID Assembly Resolution, Elf. July 1, 2005) Less than 1.75 acres ,.350.00 1.76 to 5.00 acres $750.00 5.0! to 40.00 acres S1.000.00 4.0.01 acres or more $1,500.00 tOOt2. tirs."%it 4•••• V.4./c)44.0% ‘-‘ rr---, • ,...,, . (----, r.-\, f elo cj 1 Liyt To (c ik) low_ G._ i-Le... 0\ .e./ C.1 t i A..,-tw e otr\ Id \ k e_ k ocA5 e co y.-ikc rcio,c,,'t k (1 t".1-0 Qchr. /et". — 1,05 al\ cle/ Ina"- —C &So p/t14 1 ct a CA, Ockl rotrtc , 1— • FDUNP ALUM /NUM CAP .9/85/99 fide SE/' 'v. GAP() G g.A i_. 44 \,/ tAttict~fikC1k4.0. 5• I +, �t � a5 *t b,� 5 7 / /z'1s6 4W/.41A/QM CAP ©N5/ rr1,PEB4/r 9/29/99 r o 10 /tcci,t FIELD CHECKED and UP- DATED, /6 FEBRUARY 2000. (Ab D HOUSE AtwU $ DECKS) t/ELO C/ECkED JII £/P. PAirSDP 3.9 OCTOBER EOM ( MVP LOIUER 1!803, -AvA H, GVA6/O60.4t I/ ( 0400rg, 47C) AS o BUILT SURVEY m, a — 5cP1 2ck1 herycertify that 1 have surveyed the fo lowin described �Property Lai- /6 (par') and Lot /7, b //xk , 4, Ea5IL d Won a i¢c. Z B -B . / 57 -4 irod/8k jQ z HORIZON LAND SIA1NG 1NC: property lines accnt thereto, t encroach on 9 HOU a / (2- / Els./cgb4e RA4 g. / r '1/VP ALLJAWAILIM CAP /.9,9 ;Cc) c PAR -r) Cc\ AJ V4P4 A • if of 5E7 17z"si ALUM IM-AI CAP 0N5/8"leee4fe .9/29/.99 Abe VcV IANc ttA4.s f).5 Ac (ell- 0 'key s FIEL0 CUECKE0 and UP-DATED, /E, FE413R11.41:2Y 26DO. (ArwED 40i155 AODAI PELASS) P/ELI2 CNECX512 407,1 VP- PAMPA 2.9 OCTOBER ZOO/. (4114577 Ze1/E7? 0767'3, eginAelj C1/40V&E77 1/011*6 AC3DI4 7r.) AS - BUILT SURVEY iv- a A sctol R.°6°‘ her bycertiythatT lowing described property: ZoF/ (0;c7,-/) and Lo7'17, 60/ock 344 Ea.s7L 4r/e//ilon 445, Survey Z5 38-.97 p/a7, /70. 52-4 1-roeb:3k Pee.otzbhy 0/0/-/c7'. HORIZON LAND SURVEYING NC: property lines accnt thereto, encroach on / / k)\''a NOL/ / <2. E1VG/zb4C/I E/Ji a71/NR AWM /auM CAP ...9/e9 /9.9 APIN) , .r Le• 5E7 Ilz "sd 4t11/1 MAW CAP 4N 5/B "l i'EB4fr .9/29 99 0 CNECKEO and LIP - DATED, EBRUARY 240©0 • (ADDED NOusE AOON PE<K5 PIELD CNECKED .0 .41 VP-PAM-P. Z9 OCTOBER 8©0/. (Awry Loivh-/? f/EPSr prhrH, covibk'D sYOUve s{GON, AS - BUILT SURVEY I hereby certify that I have surveyed the following described pruperty: La* /6 (par 70 and Lot /7, bix-k 3¢, as?L ,ids/ hi 2. %/ 5.5urv�u Z� 38-P, p /a7' /7© 52 -4, /4S/a /e. R¢ orrl /iny Z;2/�7Lr <c71 , HORIZON LAND WAIVING INC. property lines accnt thereto, encroach on Chris and Lacey Berns P.O. Box 1245 814 Tagura Rd. Kodiak, Alaska 99615 486-5091 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodialc, Al. 99615 December 14, 2001 RE: Variance at 814 Tagura Rd. to allow for encroachment into required front and rear setbacks, Block 34, lots 16 and 17, East Addition. Encroachments requested: 6 feet into front, including a 2 foot cantilevered portion of the new construction; and 8 feet into the rear setback, m one corner Kodiak Island Borough Planning and Zoning Commissioners: Please find enclosed our application for a Variance asking to allow for encroachment into the existing front (6 feet overall, in one of the corners, including a 2 foot cantilevered window) and rear setbacks (8 feet overall and in .one corner) of our property in, accordance with Chapter 17.66. Attached is an updated, October 2001 "as-built survey" for your reference. The following is a description of the proposed project and the situation which requires that we ask for a variance. We have lived at this address since 1984 when we purchased the home. We have long known that the home was constructed many decades ago on the City of Kodiak "right-of-way". The Tagura Road "right-of-way" is actually a dirt driveway and turn-around used by 6 families for parking and access to their property. Our home is uniquely situated on a "pie-shaped" wedge between Marine Way and Tagura Road. We have access from both roads. The condition of the older part of our home has been rapidly deteriorating over the past few years into its present state. It would not be feasible to repair the roof or walls. This part of our home has the laundry room, a bathroom, 2 bedrooms, and a family room as well as a basement storage area. The bathroom, and two rear bedrooms encroach approximately 15 feet into the ROW. In 1995 we built a conforming 1800 square foot addition onto this older part which houses the kitchen, living room, one bedroom, bathroom, and a basement. We are requesting a variance from the Kodiak Island Borough Planning & Zoning so that we may tear down the entire, 800 square foot structure and rebuild within our property lines. However, due to the wedge-shaped nature of the property sandwiched between two roads, it is setback as it is the only way we can reasonably reconstruct the existing square footage and useability of a new structure. According to Chapter 17.66.050, - "Approval or Denial," six criteria must be found by the Commission in order to grant the Variance. The following are our responses to the criteria: 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." Our property is the only "triangular-shaped" property in the area. The nature of the shape, with the required 25 foot front setback and 10 foot rear setback makes it difficult to build •or reconstruct the square footage we will be losing when we remove the nonconforming structure. In fact, the setbacks make the property nearly useless. The front portion of the property is used as a road by local traffic on Marine Way, then inclines up several feet to the buildable part of the property. The triangular-shaped property is wedged between two roads. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship." When we remove the 800 square foot nonconforming structure, we lose nearly 50% of our living space. In order to reconstruct the same square footage and it's use we must be able to utilize some of the property within the setbacks. If the variance were to be denied and we were to rebuild outside the setbacks, the house would be "pie-shaped" making the construction complicated, expensive, and NATould not replace the square footage neccessary. This would be an unneccessary hardship for the owners of the property. Additionally, the removal of the nonconforming structure will finally enable the property owners to have access to traditional banking and loans. Up to now, lenders would not provide funds or make loans on the property due to the encroachment. We are asking for a reasonable use of our property. 3. "T the variance will not result 'n material da e o e udice to other properties in the vicinity nor be detrimental to the public's healthy, safety or general welfare." Removing the encroachment will enable the City of Kodiak to widen this road, providing better access for the neighbors. The older structure, as it is beginning to sag, should be removed before it does become unsafe. The construction of a new addition will conform with other remodelling and building projects in this neighborhood. It will enhance the property's value, and contribute to the ongoing enhancement of the neighborhood. Additionally, the addition will provide - - 1 -L - - - l..i.t. J _L _ - That the granting of the variance will not be contrary to the object'ves of the co • • ehensive .lan." Applicant believes that the removal of the nonconforming structure and rebuilding a newer structure dovetails nicely into the overall comprehensive plan. The plan's implementation provides opportunities for structures such as ours, to "disappear" and be phased out over time as improvements are made. We are prepared to remove the entire structure. 5. "The actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance." Over the last seventeen years, we have slowly improved this property by adding a large addition, a new entryway, cement stairs, walkways, and new parking gravel. This continual improvement and investment into the property has complemented the ongoing improvements in the neighborhood. Three newer homes have been built to: take advantage of the "ocean view" and our projects have done the same. Despite our lots small size, we still have the potential to bring the overall building plan into compliance with the granting of this variance and by removing a rather "sizeable and infamous" encroachment. 6. "That granting the variance will not permit a prohibited land use in the district involved." The applicant believes, based on the information they have gathered, that the granting of a variance will be in conformance with the present land use, and will in no way violate the land use in the district involved. In fact, it brings the overall use of the property into conformity with the Borough's land use policy. We have included some photos of the nonconforming structure, the encroachment of the back portion of the house, and of the topography of the lot. Also enclosed is an October, 2001 "As- Built" survey which shows the older and new portions of the home along with a sketch of the proposed structure. Thank you for your consideration in this matter. We look forward to your decision and it is our hope, that the Commission will see the value in our request. If you have any questions regarding my application please feel free to call at your convenience. Sincerely, Chris and Lacey Berns PO Box 26. Kodiak, Alaska 9%15 486-5091 4. That the granting of the variance will not be contrary to the objectives of the Qamprgian." Applicant believes that the removal of the nonconforming structure and rebuilding a newer structure dovetails nicely into the overall comprehensive plan. The plan's implementation provides opportunities for structures such as ours, to "disappear" and be phased out over time as improvements are made. We are prepared to remove the entire structure. 5. 'The actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance." Over the last seventeen years, we have slowly improved this property by adding a large addition, a new entryway, cement stairs, walkways, and new parking gravel. This .continual improvement and investment into the property has complemented the ongoing improvements in the neighborhood. Three newer homes have been built to take advantage of the "ocean view' and our projects have done the. same. Despite our lots small size, we still have the potential to bring the overall building plan into compliance with the granting of this variance and by removing a rather "sizeable and infamous" encroachment. 6. "That granting the variance will not permit a prohibited land use in the district involved." The applicant believes, based on the information they have gathered, that the granting of a variance will be in conformance with the present land use, and will in no way violate the land use in the district involved. In fact, it brings the overall use of the property into conformity with the Borough's land use policy. We have included some photos of the nonconforming structure, the encroachment of the back portion of the house, and of the topography of the lot. Also enclosed is an October, 2001 "As- Built" survey which shows the older and new portions of the home along with a sketch of the proposed structure. Thank you for your consideration in this matter. We look forward to your decision and it is our hope, that the Commission will see the value in our request. If you have any questions regarding my application please feel free to call at your convenience. Sincere Chns and Lacey Berns PO Box 26. Kodiak, Alaska 99615 486-5091 f20211•147 ?._e c A \MIA Woof 000 (100frJir 14414244 Ogaii a* 400 1046 i 4134110.00 73.110#:f00- 419,001a:trti 0, si ,goaticroaalloce200 Aewriategi asixfa-cal Put 120120H, d731.0 • . tAi ..• , . rivfy „I- 6616ac Alvago.06.0 Ato .40•0 M71,1101-09, ofil,1 raiscioe2 10— 10) ffiiiretrzr tol Itira&t.„_mir and 1 A. JNOPIN 2K2or:g b 17 / • tto pJ ) • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 17, 2010. 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: 10 -012 APPLICANT: Chris & Lacey Berns REQUEST: A variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10 -foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 E. Tagura Road ZONING: 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 in 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, February 10, 2010, 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 feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: _ ,, 11 ' v Comments: .VIA l A) 'Pi4 V 0 1 11 1� f N /c.r -7`© —4r� i� zo IL_ i--- .1,0e l fp M' B -p 79'1 c d L.a r' 11/ O Wt' s .<<k5 tO W v) r e 1 V F 111 Ilil • C_OM IUNIiY DEVELOPMENT DEPARTNIENT ■ KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710. Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 17, 2010. 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: 10 -012 APPLICANT: Chris & Lacey Berns REQUEST: A variance, in accordance with KII3C 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10 -foot rear yard setback and three (3) feet into the required 25 -foot front 'yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 E. Tagura Road ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you the request. If you do not wish to testify verbally, you may provide to the Community Development Department prior to the meeting. are a your If via The 10; the rights or Address: Y'.{? property owner /interested party in the area of comments in the space below, or in a letter you would like to fax your comments to us, telephone, please call in your comments local call-in telephone number is 486 -3231. 2010, a work session will be held at 7:30 p.m. packet material for the case. if you disagree with the Commission's your appeal rights, please feel free to call us PO, /`.647i our fax number is: (907) 486 -9396. If you would like to testify during the appropriate public hearing section of the meeting. The toll free telephone number is 1- 800478 - 5736. One week prior to the regular meeting, on Wednesday, February in the Kodiak Island Borough Conference Room ( #121), to review Kodiak Island Borough Code provides you with specific appeal decision on this request. If you have any questions about the request at 486 -9363. Your Nam 4V'11b3 Mailing Your property description: I 1 (p „t '9 a fit-- - . Comments: r " . ' ✓ /• "..iii {{"" f ii��rr.. -//33 .. lsd y f / / L. 4 `�' K•' 1 ��%r f' _ '47 1 j L/ of :r 1 At 4 1 rr r- n 1 u 1 r .... 9MIIiM [�f f E II i Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 -6340 Planning and Zoning Case #10 -012 Gentlemen: Case 10 -012 10 February 2010 I would like to remind the Community Development Department that the most recent property surveys indicate that East Tagura Road encroaches 5 -7 feet inside my property lines. Due to the steep terrain in this area, it is sometimes difficult in the winter to access my properties at 821 and 825 East Tagura Road. See attached photographs. Although I have no hard objections to the applicant's request for a variance, I would like the Community Development Department and Borough P &Z Commission to aware of this roadway discrepancy and work to correct it in conjunction with Case #10 -012. Earl Peterson 825 E. Tagura Road Kodiak, Alaska FEB FEB 1 0 0 2010 7A10 0 COMMUNITY DEVELOPMENT DEPARTMENT 91/e 1„ ECEI, FEB 1 0 2010 1 COMMUN111 DEVELOPMENT DEPNRIMENT FEB 1 0 2010 COMMUNITY DEVELOPMENT DEPARTMENT FEB-13-2010 02:05 PM ---LLLER BOATYARD KALCIC 9L,--/ 486 5824 2/12/2010 Please see that these fax copies gets to Community Development. We are out of town and unable to come in and testify at the Public Hearing in favor of the request for variance by Chris and Lacey Berns. Thanks, Anne Kalcic P.03 FE$ -1 —2010 02:05 PM -UL -LER BOATYARD KALCIC 9Q -. 486 5824 P.02 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill By Road, Kodiak, Alaska 99615 Public Hearing Item V1 -A PUBLIC HEARING NOTICE A pu lic hearing will be bald on Wednesday, F be ruary 17, 2010. The meeting wi 1 egln 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: 10-012 APPLICANT; Chris & Lacey Berns REQUEST; A variance, in accordance with KIBC 17,195, to allow a 20 by 20 foot addition to a single-family dwelling to encroach four (4) feet into the required _ ._ -te fbot gear• yard, setback..- nd:..three {3) 'foot in the. retluired'-254 ov front... yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION; 814 E. Tagura Road ZONING: 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 in the space below, or in a letter to the Community Development Department Elm to the .meeting. If you would like to fax your comments to us, our thx 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, February 10, 2010, 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. Ifyou have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description Comments: _ Anne and Vito Kalcic owners of property at .l od.iak Subdivision, Lot 1, an + Leite A • . , LOU, A , , • , , on agura ' o -1 an' ots and 13 on Mission Road, the properties directly adjacent to Chris and_ Lacey Berns have No Obiectign to the request for variance b y Chris and Lacey Berns. This area on Tagura and Mission Roads comprised Old Tagura Town andm.any of the present houses were built befnre she land was ever surveyed. Tagura does not go thru F E B —13-2010 02:04 PM . JLLER BOATYARD KALCIC 9 406 5024 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing item VI-A PUBLIC HEARING NOTICE 7W-pul—hearing wilrbe held on Wednesday, February The main will begin at 730 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 - uest: CASE: 10-012 APPLICANT: Chris & Lacey Berns REQUEST: A variance, in accordance with KIBC 17,195, to allow a 20 by 20 foot addition to a single-family dwelling to encroach four (4) feet into the required 1.0400t rgAr Yatd...sgbAck.on,d.shree _(3). leo into the .required 25rfoot...frcuit yard setback on an odd shaped and nonconforming lot in the R2-Two-family Residential zoning district. LOCATION: 814 E. Tagura Road ' ZONING: R2-Two Family Residential •IIMPM .1■1110.•■•■■••■•••••••■• 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 nay provide your comments in the space below, or in a letter to the Community Development Department per 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 iection of the meeting. The food ea11.1n telephone number Is 486-3231. The toll free telephone number is 1.800-478-5736. One week prior to the regular meeting, on Wednesday, February 10, 20W, 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. le you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Plante: ---------- Your property deseriptiout • �O13 Mali% Address' 11 *0 the -'L. fo ;. L. .01 t It 1,• • ;;Imli- P.01. Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 -6340 Planning and Zoning Case 1110 -012 Gentlemen: 10 February 2010 I would like to remind the Community Development Department that the most recent property surveys indicate that East Tagura Road encroaches 5 -7 feet inside my property lines. Due to the steep terrain in this area, it is sometimes difficult in the winter to access my properties at 821 and 825 East Tagura Road. See attached photographs. Although I have no hard objections to the applicant's request for a variance, I would like the Community Development Department and Borough P &Z Commission to aware of this roadway discrepancy and work to correct it in conjunction with Case #10 -012. Earl Peterson 1125 E. Tagura Road Kodiak, Alaska Z-aAtlio �, 20101.1141fY D EIOPME DEPART«1ENT FEB 1 0 2010 COMMUNITY DEVELOPMENT DEPARTMENT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 17, 2010. 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: 10 -012 APPLICANT: Chris & Lacey Berns REQUEST: A variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10 -foot rear yard setback-and three--(3) -feet into the required 25- fooFfr nt yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 E. Tagura Road ZONING: R2 -Two Family Residential This notice is being sent to you because our records indicate you the request. If you do not wish to testify verbally, you may provide to the Community Development Department prior to the meeting. are a your If via The 10, 2010, the rights or Address: j-p property owner /interested party in the area of comments in the space below, or in a letter you would like to fax your comments to us, telephone, please call in your comments local call -in telephone number is 486 -3231. a work session will be held at 7:30 p.m. packet material for the case. if you disagree with the Commission's your appeal rights, please feel free to call us PZ Z.6oJ our fax number is: (907) 486 -9396. If you would like to testify during the appropriate public hearing section of the meeting. The toll free telephone number is 1- 800 - 478 -5736. One week prior to the regular meeting, on Wednesday, February in the Kodiak Island Borough Conference Room ( #121), to review Kodiak Island Borough Code provides you with specific appeal decision on this request. If you have any questions about the request at 486 -9363. Your Name J 177)A J Mailing Your property description: / 1 1' iikt S'3 I le.f• • Comments: i 1 � r / r- n. r I 11 r V% IfilLUL VL111 11 11111 1 1 i F'FB -- 1 of s co vir uNflY O�OPI Et I iii:l'Ali t tvitiv i t- agura addition encroach into 10-foot rear into the required 25fo, Oonconforming lot in - .•? setback etback-oFn an Tw f - k".i, n AT.Ars rlde odd tial zoning 4AtrPt: Feet 0 100 200 300 400 500 11111111111111111m1 Legend . • • Subject Parcel; Notification Areal' „ 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. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, February 17, 2010. 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: REQUEST: 10 -012 Chris & Lacey Berns A variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition_to -a- single - family dwelling to- encroach - four -(4) -feet into- the - required 10 -foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 E. Tagura Road ZONING: 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 in 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, February 10, 2010, 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 feel free to call us at 486 -9363. Your Name: Mailing Address: • Your property description: . / , qq 1 J —} Comments: 'M _ i iV 4-1 v 6 © / A. Ill i-4 u9iL_I- .1,6€ oiCr 7-0 -r-l>& foMf m4 79/1 c 4Lare_ /o pvi €$ .tom ±6 U.) I/0 1 - r r E I \I F n. 1 u L " "'a " — 1111. _� 1 . & 11!J1 r. • _ . ; 1 COMMUNITY DEV �u • ,, +. Current Location 814E. Tagura Rd, P & Z Case # 10-012 Chris & Lacey Berns Request .a variance, in accordance with MC 17.1.95,Lto,allow a 20 by20 foot addition to a single-family dwelling feet into the required 10-foot rear yard setback and three (3) feet into the required 25-foot front yard setback on an odd shaped and nonconforming lot in the R2-Two-family Residential zoning district. Feet *0 100 200 300 400 500 1111111111111111111 ; • if I; r-4-1 Legend; . L07-70 1 Subject Parcel L._ E NotificatiOri-Ard • 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 infarmation: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 Chris & Lacey Berns PO Box 23 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 www.kib.co.kodiak.ak.us January 26, 2010 Re: Case 10 -012. Request a variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single- family dwelling to encroach four (4) feet into the required 10- foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. Dear Mr. & Mrs. Berns: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their February 17, 2010 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, February 10, 2010 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 4 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -A PUBLIC HEARING NOTICE A public bearing will be held on Wednesday, February 17, 2010. 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: REQUEST: 10 -012 Chris & Lacey Berns A variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10 -foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. LOCATION: 814 E. Tagura Road ZONING: 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 in 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, February 10, 2010, a work session will be held at 7:30 p.m. in the Kodiak TsIand 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 feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Li I -20-16 urrent Location 14 E. Tagura Rd. & Z Case # 10-012 hris & Lacey Berns Request a variance, in accordance with KIBC 17.195, to allow a 20 by 20 foot addition to a single - family dwelling to encroach four (4) feet into the required 10 -foot rear yard setback and three (3) feet into the required 25 -foot front yard setback on an odd shaped and nonconforming lot in the R2- Two - family Residential zoning district. w Feet 0 100 200 300 400 500 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Legend Subject Parcel Notification Area Map prepared for the purpose of snowing 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 mformahon:USGS Digital Elevation Model Kodiak. Alaska. 50 foot intervals. Scale is 7:53.360 Created in ArcG/S 9. NAD 27, State Plane 5 Parcel information is taken from selected fields in the current computerized properly 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. KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 JAMES & LUCY PRYOR 1012 STELLER WAY KODIAK, AK 99615 EDWIN & RUTH GUNDERSON P 0 BOX 96 KODIAK, AK 99615 JAY JOHNSTON ETAL PO BOX 2503 KODIAK, AK 99615 ROBERT & JUDITH PLETNIKOFF P.O. BOX 2449 KODIAK, AK 99615 FRANK & LESLIE ABENA III 590 PLEASANT AVE SANTA ROSA,.CA 95403 DONALD DUMM ETAL PO BOX 1903 KODIAK, AK 99615 PAUL WI 1I EMAN PO BOX 1403 DELTA JUNCTION, AK 99737 LEEANN SCHMELZENBACH 920 E. REZANOF DR #B KODIAK, AK 99615 CHRIS & RUTH BILLINGS 3810 ROALD AMUNDSEN #B ANCHORAGE, AK 99517 ARTHUR & EILEEN TORMALA 2233 ISLE OF PINES AVE FORT MYERS, FL 33905 MICHAEL & GINA FRICCERO P0 BOX 2187 KODIAK, AK 99615 RICHARD & MARY MACINTOSH 910 STELLAR WAY KODIAK, AK 99615 THOMAS KNOKE ETAL 910 MISSION RD KODIAK, AK 99615 JULIE HILL 1014 STELLAR WAY KODIAK, AK 99615 RONALD & MARY DOUBT 1010 STELLER WAY KODIAK, AK 99615 CHRISTINA & PAUL SHAW 914 E. REZANOF DR #3 KODIAK, AK 99615 ALLAN GRAUEL P.O. BOX 2669 KODIAK, AK 99615 STEPHEN KINSLEY ETAL 2126 CLIPPER COVE PORT ANGELES, WA 98363 TERRY & TRACY MICHALSKI 23023 EAGLE GLACIER LOOP EAGLE RIVER, AK 99577 THOMAS & CHERYL MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 CHRIS & BETSEY MYRICK JAN CHA 11 O WALTER & ELSPETH JOHNSON P.O. BOX 1323 P.O. BOX 3206 722 E REZANOFF DR APT 1 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 SVEN & BALIKA HAAKANSON JR PO BOX 168 KODIAK, AK 99615 EARL & DELORIS PETERSON P 0 BOX 1104 KODIAK, AK 99615 THOMAS R. PARSONS PO BOX 1054 KODIAK, AK 99615 TERRY & ROBBIE GUNTER P.O. BOX 4230 KODIAK, AK 99615 FRANCES & MARTH KEEGAN 720 REZANOF DR E KODIAK, AK 99615 ELIZABETH HALL 718 E. REZANOF DR KODIAK, AK 99615 FULLER BOATYARD INC P 0 BOX 1486 KODIAK, AK 99615 DEBRA OLSEN ETAL PO BOX 193 KODIAK, AK 99615 VITO & ANN KALCIC P.O. BOX 1486 KODIAK, AK 99615 CHRIS & LACEY BERNS PO BOX 23 KODIAK, AK 99615 WILLIAM & DORIS BACUS 716 MISSION KODIAK, AK 99615 MIKE & JANE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 HELEN HALL TRUST 2647 HAVITUR WAY ANCHORAGE, AK 99504 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 CHRIS & LISA KOSTELECKY PO BOX 2383 KODIAK, AK 99615 MARTHA SHURAVLOFF GLOBAL SEAFOODS N AMERICA WILLIAM & CYNTHIA HARINGTON P.O. BOX 222 LLC PO BOX 8166 KODIAK, AK 99615 ATTN: CINDY SEARS KODIAK, AK 99615 11100 NE 8TH ST #310 BELLEVUE. WA 98004 MILDRED MU f 1 FR TRUST 24472 BIG VALLEY RD NE POULSBO, WA 98370 INTERNATIONAL SEAFOODS OF AK PO BOX 2997 KODIAK, AK 99615 wu�Hn 110L/APILJ DUrcvuvn %.,VIVIIVIIJP111 1 uCVGL.1Jr1VIL.111 I v�rrur.. i iruL.:11 i 710 Mill Bay Rd., Room 2f'—',DDIAK, AK 99615 -6398 (907) 486 - 936?. <- =-PAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information Property owner's name I 13dX X3 Property owner's mailing address Ico a T1615 City State Zip c- 50 °I 1- 5c j Gir4 e'rns o a)l/h�r Home phone Work Phone E -mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. r /4lro f511-1 E tro. Property Information t10oiio k.1 C� Property ID Number/s rt � 1 16 pp 6i\< '� F6\sf it 1 4 cifio Legal Description Current Zoning: 1 \ Applicable Comprehensive Plan: ?Ct Year of Plan adoption: d � 1 Present Use of Property: Res -f11- io L -800,51 F.. 1.10., CJ- itir � dUelOriwiN ti -rn 053 w5•K o,. -\ 11Oc.1rt 11-41 01\- (1#1h 1°i9 5— rat rnci 4., tetc..) wiN(slelcSLe Proposed Use of Property : ?e "ut,r e 0 IC C.' ncl- Cvc'\Picf ■wtS Rc \[\ q, l f ( 1 ` 0i1 ZO`,' S -rc "y s t' t c fc4 w'1tCl 4J4-1LjC i- A Codb10L 441-1 ! `15' `�:>?r ck n %o 10I ci;‘r Set 141►ct' (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I 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 plan for variance and conditional use requests and which may include optional supporting documentation as Indicated below. Or Additional Narrative /History ` As -built Survey Photographs Maps Other Pcc tzoDici Property Owner's Signature Date Authorized Agent's Signature Date A 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 Boatqf,Development Definitions, ©1993 by Rutgers University) fiAFF USE ONLY edo W. OHO , ± 4- �" e. Code SectionirQr (-� ♦/ Vari& ee RIBC 17.6,fn M $ 5 ConditioDP'Use Peraiit:(KIB .67.020.B) $250.00 Othdea pearance requests, site p1- review, etc.) $150.00 Zoning ct tinge from t•. (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per MB Assembly Resolution Eff. July 1, 2005) Less than 1.75 acres 1.76 to 5.00 acres 5.01 to 40.00 acres 40.01 acres or more $350.00 $750.00 $1,000.00 $1,500.00 Applicable Kodiak Island Borough Code Application Reouiren_i_e^L 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: L 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. 13. 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 section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a 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 Document2 = A. �P / 2L/NO ALW M /A/UM CAP .9/25/99 pP / / rs4APiN,)-1. FIELD CNECK&D and ZIP-DATED, /6 FEBRUARY 2000• c.DO60 NOUSE Aaow PECKS) v,/ a • 25 � voo- I Anc tc&s 1 5' I,\f 0 + a5 �t b,cl� 0 (0'rccv sef6yck 5E7 / /z "sl 4LLJM1/VOM CAP ON 5/g l 3/29/99 PEL0 CNEC/<ED rind VP- PATER. 2,9 OCTOBER 200/. 4'OED LOWER 5P.5, FnRci , G,4,4,/b 72 ,ytt Am/,/, 67C-) AS - BUILT SURVEY A= a r— scPl 2oc)°l I her`ary certify that I have surveyed the following described property: /-071- /6 6.9 ,1) a nd Lot/ 7, b /LK, 34-, wa.5-7`• ,4ds.fi'ona5.Survey Z338-17,p /afho. 52 -4, koeb. k R¢cordihy Ui�fr-ic7, property lines accnt thereto, encroach on ays, transmis- xccpt as indi- HORIZON LAND SOLI/EYING NC. BOX 1945..,,, KODIAK, ALASKA 99M5 (907) 486- 6506 .r /S-9 4 fbee2SQou "r' T e e i f o w 4^- k f e Q i f To re (o c tc_ tL -e 0\e./ ,1. ' 4-Qs+ '4'e ar 1Nd cJr. ft ?Jo vt-e voorN - 're"' 00K-■ s � INPN �vr^ d � a,�e Ind"- - Cdo\dir4"14 � � l- CA' / U/k5r? �� eUw� Chris and Lacey Berns P.O. Box 1245 814 Tagura Rd. Kodiak, Alaska 99615 486 -5091 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Kodiak, Ak. 99615 December 14, 2001 RE: Variance at 814 Tagura Rd. to allow for encroachment into required front and rear setbacks, Block 34, lots 16 and 17, East Addition. Encroachments requested: 6 feet into front, including a 2 foot cantilevered portion of the new construction; and 8 feet into the rear setback, in one corner Kodiak Island Borough Planning and Zoning Commissioners: Please find enclosed our application for a Variance asking to allow for encroachment into the existing front (6 feet overall, in one of the corners, including a 2 foot cantilevered window) and rear setbacks (8 feet overall and in one corner) of our property in accordance with Chapter 17.66. Attached is an updated, October 2001 "as -built survey" for your reference. The following is a description of the proposed project and the situation which requires that we ask for a variance. We have lived at this address since 1984 when we purchased the home. We have long known that the home was constructed many decades ago on the City of Kodiak "right -of- way ". The Tagura Road "right -of -way" is actually a dirt driveway and turn- around used by 6 families for parking and access to their property. Our home is uniquely situated on a "pie- shaped" wedge between Marine Way and Tagura Road. We have access from both roads. The condition of the older part cf our home has been rapidly deteriorating over the past few years into its present state. It would not be feasible to repair the roof or walls. This part of our home has the laundry room, a bathroom, 2 bedrooms, and a family room as well as a basement storage area. The bathroom, and two rear bedrooms encroach approximately 15 feet into the ROW. In 1995 we built a conforming 1800 square foot addition onto this older part which houses the kitchen, living room, one bedroom, bathroom, and a basement. We are requesting a variance from the Kodiak Island Borough Planning & Zoning so that we may tear down the entire, 800 square foot structure and rebuild within our property lines. However, due to the wedge- shaped nature of the property sandwiched between two roads, it is neccessary to request a variance to project into a few feet of the front setback and into the rear setback as it is the only way we can reasonably reconstruct the existing square footage and useability of a new structure. According to Chapter 17.66.050, - "Approval or Denial," six criteria must be found by the Commission in order to grant the Variance. The following are our responses to the criteria: 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." Our property is the only "triangular- shaped" property in the area. The nature of the shape, with the required 25 foot front setback and 10 foot rear setback makes it difficult to build or reconstruct the square footage we will be losing when we remove the nonconforming structure. In fact, the setbacks make the property nearly useless. The front portion of the property is used as a road by local traffic on Marine Way, then inclines up several feet to the buildable part of the property. The triangular- shaped property is wedged between two roads. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship." When we remove the 800 square foot nonconforming structure, we lose nearly 50% of our living space. In order to reconstruct the same square footage and it's use we must be able to utilize some of the property within the setbacks. If the variance were to be denied and we were to rebuild outside the setbacks, the house would be "pie- shaped" aking the construction complicated, expensive, and would not replace the square footage neccessary. This would be an unneccessary hardship for the owners of the property. Additionally, the removal of the nonconforming structure will finally enable the property owners to have access to traditional banking and loans. Up to now, lenders would not provide funds or make loans on the property due to the encroachment. We are asking for a reasonable use of our property. 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 healthy, safety or general welfare." Removing the encroachment will enable the City of Kodiak to widen this road, providing better access for the neighbors. The older structure, as it is beginning to sag, should be removed before it does become unsafe. The construction of a new addition will conform with other remodelling and building projects in this neighborhood. It will enhance the property's value, and contribute to the ongoing enhancement of the neighborhood. Additionally, the addition will provide 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan." Applicant believes that the removal of the nonconforming structure and rebuilding a newer structure dovetails nicely into the overall comprehensive plan. The plan's implementation provides opportunities for structures such as ours, to "disappear" and be phased out over time as improvements are made. We are prepared to remove the entire structure. 5. "The actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance." Over the last seventeen years, we have slowly improved this property by adding a large addition, a new entryway, cement stairs, walkways, and new parking gravel. This continual improvement and investment into the property has complemented the ongoing improvements in the neighborhood. Three newer homes have been built to take advantage of the "ocean view" and our projects have done the same. -Despite our lots small size, we still have the potential to bring the overall building plan into compliance with the granting of this variance and by removing a rather "sizeable and infamous" encroachment. 6. "That granting the variance will not permit a prohibited land use in the district involved." The applicant believes, based on the information they have gathered, that the granting of a variance will be in conformance with the present land use, and will in no way violate the land use in the district involved. In fact, it brings the overall use of the property into conformity with the Borough's land use policy. We have included some photos of the nonconforming structure, the encroachment of the back portion of the house, and of the topography of the lot. Also enclosed is an October, 2001 "As- Built" survey which shows the older and new portions of the home along with a sketch of the proposed structure. Thank you for your consideration in this matter. We look forward to your decision and it is our hope, that the Commission will see the value in our request. If you have any questions regarding my application please feel free to call at your convenience. Sincerely, Chri�d Lacey Berns PO Box 26. Kodiak, Alaska 99615 486 -5091 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan." Applicant believes that the removal of the nonconforming structure and rebuilding a newer structure dovetails nicely into the overall comprehensive plan. The plan's implementation provides opportunities for structures such as ours, to "disappear" and be phased out over time as improvements are made. We are prepared to remove the entire structure. 5. "The actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance." Over the last seventeen years, we have slowly improved this property by adding a large addition, a new entryway, cement stairs, walkways, and new parking gravel. This continual improvement and investment into the property has complemented the ongoing improvements in the neighborhood. Three newer homes have been built to take advantage of the "ocean view" and our projects have done the same. Despite our lots small size, we still have the potential to bring the overall building plan into compliance with the granting of this variance and by removing a rather "sizeable and infamous" encroachment. 6. "That granting the variance will not permit a prohibited land use in the district involved." The applicant believes, based on the information they have gathered, that the granting of a variance will be in conformance with the present land use, and will in no way violate the land use in the district involved. In fact, it brings the overall use of the property into conformity with the Borough's land use policy. We have included some photos of the nonconforming structure, the encroachment of the back portion of the house, and of the topography of the lot. Also enclosed is an October, 2001 "As- Built" survey which shows the older and new portions of the home along with a sketch of the proposed structure. Thank you for your consideration in this matter. We look forward to your decision and it is our hope, that the Commission will see the value in our request. If you have any questions regarding my application please feel free to call at your convenience. 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