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ATS 49 TRACT N-26 AND TRACT N-29C - Appeal (2)Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road. Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 DATE: September 25, 2012 MEMO TO: Duane Dvorak, Acting Director, CDD FROM: Nova M. Javier, MMC, Borough Clerk RE: Preparation of Appeal Record for Case -006 Attached is an appeal to •the Board of .Adjustment of the Planning and Zoning Commission's decision on Case No. 13-006. The appeal was submitted by Mr. John Whiddon. Please prepare the appeal record pursuant to Kodiak Island Borough Code Title 17 and submit it to this office by Wednesday, October 5, 2012. KIBC 17.225.050C: "The appeal records shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission." Also, please supply a list of the name and address of each person who is entitled to a notice of the original commission proceeding. Thank you. \\Dove\Borough\CLABC-03 - LAND USE APPEALSTY2013\ISLAND FISH CO JOHN WHIDDOM1 Merno to CDD.doc DATE ,,„<> ION STATION ezik 0- RiCEIVED FROM JOHN WHIDDON/ISLAND FISH CO.,LLC DESCRIPTION VARIANCE CASE 13-006 PAYMENT CODE Variance Fee Payments: Kodiak Island Borough 710 Mill Bay Rd. Kodiak, AK 99615 RECEIPT DESCRIPTION Variance Fee CASE 13-006 Type Detail Check 1149572 Amount 6350,00 BATCH N 2013-0000i, RECEIPT 2013-0000(64 CASHIER Teresa Medina TRANSACTION AMOUNT L vi ! I .■ .!; i EP 242012 ; $350,00 •Total Amount: $350.00 Printed by: Teresa Medina Page 1 of 1 09/24/2012 02:28:58 PM September 24, 2012 Nova Javier Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 A S - gq13 oauf IDIE SEP 2 4 2012 L BOROUGH CLERK'S OFFICE I E Subj: Appeal of Findings of Fact regarding KIB Case 13-006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907-486-8575 Fax: 907-486-3007 Email contact: jwhiddon@pacseafood.com Case/Decision: KIB 13-006 Requesting a Variance, according. to KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting will begin 1 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely, aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 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. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ -2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012-79). The calculation was 2 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off - street parking from 21 spaces to 10 spaces, according to KIBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off- street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off-site." We dispute this finding: 1, The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid.fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The 3 vaci icSea additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 H1, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is 'a .large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1,9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staff's conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 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. We concur with Staffs conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been. made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example,, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off - street parking. Several 4 cSea ood,, new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive .Plan. We support Staff' s conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 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 seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.175.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough shotild take the, lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager . Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ-2007-62 B. Zoning Compliance Permit CZ-2012-79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with cornbination standard and high density parking ZON G COMPLIANC ERMIT,pagen,, Permit # Z- Kodiak Island Borough, Cominunity Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486-9362 Fax(907)486-9396 http://www.kib.co.kodiak.alcus Required Applicant Information: f ) , 71.2:_t..,,,, ,....- 1. Property Owner/Applicant: 1-", ,4 ..,.. -114,1) , 81L___ Mailing Address: rf 1 c 0. Aw.4_ noe ,... , ,.....I Phone: 6 ---66- 7T 2. Legal Description:: LI '7,---‘i 13 4 . tti ei---7° (-0-'‘ Cr r- 1-1-c2E7-?st-ID .t., r—k-..—W----. Street Address: ,_.-5( "1 _....1.1-6-7Z.-1 14:0 3. Description of proposed action: .,-., A—r) t3 i .dre..t3 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District 0 Parking Requirements 0 116211111. Solid Waste Removal Requirements STAFF COMPLIANCE REVIEW Parcel No. R Ll_0(Y):0L50 Current Zoning: Required Lot Area: Required Setbacks: Front: Side: Ao Rear Aor Building Height: 60 (Setbacks other than zoning district standards to be noted on the attached site plan) 5. Number & size of parking spaces required: Pp k 6. Off-street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) /7o 107 Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. ,/ eAsit..,p7 ACMP Policies: Res. 0 r.c.743,0 Gir-Ind. 0 Other 0 Consistent with KIB CMP: YestaiClo0 Attachment: Yes0 No0 5.2 29. OJ ZoningisCQrnpliaric4 Pere Pa,,tAlcIln-C-ashices "-RdOn #104 1-..,1- -n (p9M.3ssembly itcgsia .... — . c edule.. ,-•,... ,l,„..,,nipuly 1,2O0! 4./ W 4 erJ o--• MI 1 re. cr. 9. .---• 7-4-- . LIrsriiiit ml .75 acres L • C30.00 1,76 14,1A acres 560.00 5.01 to 40.00 acres $90.00 40.01 acres nr more 5120;00 Construction Disposal Deposit Payah eiirCasItlers-Office Room# 104 ) Fee Schedule: (per MB Assembly Resolution Eff..luly 1, 2005) Less than 250 sq. ft. S250.00 251 to 500 sq. ft, pii.no_ 501 or greater sq. ft,(.51000.00) rrr.,, ,i 1 i i 4 vrtc..-j r.; : fr.! r ;•p-• • • (Page 2 of 3) THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED ,**EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance. or if the building construction or use is abandoned at any time, after the work is commenced. for a period of 180 days. Before itich work can be recommenced. a new peunit must first be obtained. (Sec. 106.4.4 Expiration. 1997 Litd) per KIBC.17.03.060. 1 " . Subd. Case #: Plat #: Bldg Permit 1#:: 2. Driveway Permit (State, Borough, City) by/date: 3. Applicant Certification: I hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable comer markers in place in the field for verificatio of setbacks. By: Date: 3/3 /OR" Title: of) Supporting documents attached (check one): Site Plan: As-Built Survey: Other (List): 4. Co unity D 0— F e Department By: /1/(, c At Title:/$) Date: 5. Fire Marshal (UPC) by/date: 6. Septic System Plan Approved by/date: This ermit is ONLY for the ro osed (feet as described b the a II II *cant. If there are an chan es to the ro osed o'eet includin its. intended use prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. (...'/Q(40&.at14._ ( 51-4P2LIKO1= .STQC,g1f- • • r01:400.si. ' • . • • . • . K.CV,1•4;1711. C.(.4•70 .0+1,1.47 ; • rAmi.tletacrwere.,, 1s14 Z" Pita 1 ' 0 5T k''AU L. WA FE OOP fa,L176.- L. = -2150 - ( 20 -- 4-00 — rlJ 11 131,-(-- Kodiak Island Borough Community Development Department 710 Mill Bay Rd, Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Print Form Submit by Email 14 84 6 Permit No. CZ2012-79 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: The following Information is to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486-8575 Subdv: ATS Street Address: 317 Shelikof Use & Size of Existing Structures: Block: 268 Lot: 298 Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17;105 PROP_ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N/A If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KIB" N/A Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. BId'g Permit No. Applicant Certification: ! hereby certifythat i will comply with the provisions of the Kodiak Island Borough Code and that ! have the authority to certify, this as the property owner, or as a representative ofthe property owner. 1 agree to have identifiable corner markers in place for verification Of. building setback (yard)'requireinents. Attachments? As -Built Survey Date: May 16, 2012 List Other. Signature: Parking Plan This permit is only for the proposed project as described by the applicant. if there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within. 180 days from the date of issuance, or if the building construction or use is abandoned at time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification zoning c MAY 16, Zt Ito ISM Not Applicab Less than 1.75 acres; 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40,01 acres or more: Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building $0.00 jX $30.00 ✓ $60.00 ✓ $90.00 r $120.00 After - the -Fact 2X the published amount ✓ $0.00 r $60.00 ✓ $120.00 ✓ $180.00 ✓ $'240,00 • c, Fr? .C.4. 1 e • 67/1 sr PAUL PAR-130P Building Square Footage Total = 14,180 Parking Calculation (14,180 1700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) 1/ creie( 0% \ v. 30 Sr PAUL MAR•VOR Building Square Footage Total = 14,180 Parking Calculation (14,1801700) = 20.26 ,z15.0," Parking Spaces Required = 21 (20.26 rounded up) C koscA tiLL. /4_1 a 5 241(2 -7e? Building Square Footage Total = 14,180 Parking Calculation (14,180 700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) epC(.4vsee/LE, D 4,4 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 BOARD OF ADJUSTMENT DECISION ISLAND FISH COMPANY, LLC, CASE 13-006 On December 6, 2012, the. Kodiak Island Borough Assembly, acting irilts capacity as the Board of Adjustment (the "Board") per KIBC 17.225, reversed the decision of, the KIB Planning and Zoning Commission regarding the Commission's denial of a parking variance in Case 13-006. Board members Austerman, Bonney, Griffin, Kaplan, Stephens, and Chair Selby were present. (Member Lynch declared a conflict and did not participate.) On February 7, 2013, the Board adopted the following findings of fact and conclusions of law that are based on substantial evidence or testimony contained in the public record for this case on appeal and also based on relevant sections of the Kodiak Island Borough Code (KIBC). Board members Austerman, Bonney; 'Griffin, Kaplan, Stutes, and Chair Selby were 'present and unanimously adopted these written findings. (Member Lynch declared a conflict and did not participate. Member Stephens did not participate in adoption of these findings.) The findings of fact below are provided here in accordance with KIBC 17.195.050.A, Subsections 1 through 6: 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; There are exceptional physical circumstances and conditions. Tracts N29B and N268 are tideland lots and there are several places in the record, at pages101, 95, 126, and 220, where aerial imagery shows that the appellants site does have exceptional circumstances or conditions. These images show a substantial portion of tracts in question to be .unusable because substantial portions of the Board of Adjustment Written Decision Page 1 of 5 r tracts are tidally inundated. This physical circumstance results in about half of the combined tracts being underwater. In terms of the intended use of the tracts for "waterfront industry," a use which KIBC 17.105.040.D exempts from the normal industrial yard setback requirements, these 'tidally inundated portions of Tract N29B and N268 cannot be used for either seafood processing activities or for off-street parking which activities both require an upland location that is not subject to tidal inundation. As indicated on the aforementioned aerial imagery, other waterfront industrial tracts have substantially greater coverage of the tideland tracts comprising those waterfront industrial sites. Based on the foregoing, the standard has been met. 2. That, the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;. The strict application of KIBC 17.175.040 to require 21 off-street parking spaces would result in practical difficulties with regard to the' operation, of a seafood, processing plant. The appellant has testified that the plant was built to provide a maximum of 18 off-street parking spaces. In the words of the appellant, the potential relocation off-site of essential storage to free up the required parking area for 21 spaces would "severely restrict the Operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sortfish or it cannot function." The record is replete of the difficulty to get all of these parking spaces onto the appellant's tideland tracts. While the Board has not granted the relief specifically requested by the appellant, it has adjusted down to 20 the number of required off-street parking spaces which is within the margin of acceptable rounding error for parking space calculations- based on the zoning compliance calculation of 20.26 required off-street parking spaces.. In addition, .the ability to determine what nonresidential uses may be permitted to use tandem (off-street parking) spaces, per KIBC 17.175.080.J, falls within the discretion of the code to be determined. In this, case, the Board has determined that waterfront industries in general, and seafood processing in particular, are uses that customarily park in tandem fashion at least so far as employee parking is concerned. Therefore, the grant of 10 spaces to be utilized in tandem configuration should provide adequate flexibility to equate with the 18 off-street parking spaces that the appellant has testified that the plant is fully capable of supporting by express design. Board of Adjustment Written Decision Page 2 of 5 Based on the foregoing, the standard has been met. 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; The record on appeal does not present evidence that rises to the level of material damage or prejudice to other properties in the vicinity, nor does it raise health, safety or welfare. issues. The very nature of a variance is to grant a particular property owner relief from otherwise binding code requirements that apply to other neighboring properties. This circumstance itself cannot be relied upon as demonstrating the existence of "material damage or prejudice" to those other properties. The record on appeal contains •some evidence that Pacific Seafood employees are improperly parking on other private properties in the vicinity of the subject parcels without consent of the owners (e.g., pages 122-23/275 of the appeal record). It is unclear, however, how the association of the offending vehicles with Pacific Seafoods employees was established. Furthermore, it is not clear that such illegal parking is necessarily attributable to the lack of parking on the Pacific Seafoods tracts. There is no evidence in the record as to suggest number of employees employed by Pacific Seafoods on any particular shift. The relief granted by the Board is specific in that it requires the appellant to provide 20 off-street parking spaces; however, the motion goes further to specify the composition of said parking. By requiring a balance of five (5) customer parking spaces, five (5) loading berth spaces and ten (10) tandem parking spaces (for employee and 'management parking only), the granting of the variance will not damage or prejudice other properties in the vicinity. In this manner, the decision of the Board will promote the public's health, safety and general welfare to the greatest degree possible. • Based on the foregoing, the standard has been met. 4., That the granting of the variance will not be contrary to the objectives of the • comprehensive plan; The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other, general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. Board of Adjustment Written Decision Page 3 of 5 Based on the appeal record, it appears that both the Commission and the appellant have no disagreement on this standard. Based on the foregoing, the standard has been met. 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 On the surface it would appear that the applicant may have caused a financial hardship or inconvenience from which relief is being sought by variance if the case were considered solely on the basis of the number of spaces required in support of waterfront industrial use It was discussed at length during the appeal hearing how seafood processing plants are a unique important use in the context of the Kodiak community and economy. The zoning compliance permit record indicates several recent attempts by the appellant to bring the property into conformity with the ostensible parking requirements through the calculation of total parking spaces required. In the end it was not possible for the applicant to maintain the required off-street parking as indicated in those permits. Given the size of the building and the available space on the property, the Board • feels it is likely that any business that fully utilizes the building will face inadequate parking. Thus the size of the building and size of the lot, rather than actions of the appellant, caused and created special conditions. The Board recognizes these facts are particular to this situation and do not set a precedent. In tendering the appeal to the Board the appellant did offer an alternative solution • to the original variance. The alternative offered, would have relied partly on relief from the number of off-street parking spaces and -also upon relief from the dimensional parking and maneuvering requirements provided for in KIBC 17.175.080 and 17.175.090. The relief granted by the Board of 20 off-street parking spaces falls within the acceptable rounding error of the original parking calculation of Zoning • Compliance No. CZ2012-079. • This permit calculated 20.26 required parking spaces which staff rounded up to 21 required off-street parking spaces. This Board however, has instead rounded this number down to 20 off-street parking spaces as a reasonable alternative application of discretion. The additional grant to allow 50% of the required 20 spaces to be tandem spaces is another exercise of discretion by this board in the interpretation of KIBC 17.175.090.D which provides for discretion in the application of tandem parking rules to uses which customarily park in this fashion. Substantial deliberations on the record indicate Board of Adjustment Written Decision Page 4 of 5 that tandem parking is a customary parking pattem for the employees of seafood processing plants. Based on the foregoing, the standard has been met. 6. That granting the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Based on the foregoing, the standard has been met. By unanimous decision, the Board finds that Island Fish Company, LLC has presented sufficient facts to support a variance, consistent with the findings set forth in this decision. Any person aggrieved by this final decision may appeal to the Kodiak Superior Court within 30 days from the date of this decision. KIBC 17.225.100 Dated this 7th day of February 2013. KODIAK ISLAND BOROUGH BOARD OF ADJUSTMENT Je :Selby, Chair __,..------- Board of Adjustment Written Decision Page 5 of 5 Page 1 of 3 Chapter 17.225 APPEALS TO THE BOARD OF ADJUSTMENT Sections: 17.225.010 Organization. 17.225.020 Powers of the board. 17.225.030 Persons who may appeal. 17.225.040 New evidence — Changed circumstances. 17.225.050 Appeal hearing — Notice, preparation of record. 17.225.060 Argument on appeal. 17.225.070 Appeal hearing. 17.225.080 Decision. 17.225.090 Hearing examiner. 17.225.100 Judicial review. 17.225.010 Organization. The assembly is the board of adjustment for the Kodiak Island Borough. [Ord. 96 -23 §2, 1996; Ord. 90-44 §6, 1991. Formerly §17.100.010]. 17.225.020 Powers of the board. The board of adjustment shall hear and decide: A. Appeals from the decisions of the commission regarding alleged errors in enforcement of zoning ordinances and building codes; B. Appeals from the decision of the commission on requests for conditional uses; C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title. [Ord. 92 -17 §6, 1992; Ord. 90 -44 §6, 1991. Formerly §17.100.020]. 17.225.030 Persons who may appeal. A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. [Ord. 90 -44 §6, 1991. Formerly §17.100.030]. 17.225.040 New evidence — Changed circumstances. Appeals alleging new evidence or changed circumstances may be remanded by the board of adjustment to the commission where they shall be treated as petitions for reconsideration. [Ord. 90-44 §6, 1991. Formerly §17.100.040]. 17.225.050 Appeal hearing — Notice, preparation of record. A. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal. B. The clerk shall mail notice of the appeal to each person who was entitled to notice of the original commission proceeding. The notice shall include the appellant's notice of appeal, describe the decision appealed from, state the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted, and contain the substance of subsections C and E of this section regarding the obtaining of a verbatim transcript and the availability of the appeal record. 10/25/2012 /-\ Page 2 of 3 C. The appeal record shall be etiiiipleted within 10 working days of fiUng af aiippeaI. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any pa /tmanmppaal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefor, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript the person requesting it shail pay the actual cost thereof, or the deposit shail be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. D. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record. The cierk shall deliver a copy of the appeai record to the borough staif assigned responsibility for the appeal. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. [Ord. 90-44 §6, 1991. Formerly §17.100.050]. 17.225.060 Argument on appeal. On appeal to the board of adjustment, any person who meets the requirements of KIBC 17.225.030 may submit to the clerk written argument supporting or opposing the appeal. Written argument submitted prior to the appeal hearing shall become part of the appeal record. []nd.8O-44G0'1S91. Formerly §17.1OO.OGO]. 17.225.070 Appeal hearing. A` The board of adjustment shall hold an appeal hearing nn the appeal at its fimdregular meeting 3O days after the appeal record has been completed. B. At the hearing before the assembly, only person who have submitte written argument on the appeal or teStified bofonothecmnmmnisoion.ornubmUtedvvhttmncommontabmtheoomnmisnionmaypnuaantondargunnenL Oral argument shall be subject to the following order and time limitations, unless the assembly, for good cause shown, permits a change in the order or an enlargement of time, 1. Borough staff, including commission representatives: 10 minutes to present the decision below and to set forth the evidence and reasons relied upon for the decision. 2. Appellant 10 minutes 3. Private person supporting the appeal: 10 minutes each. 4. Private person opposing the appeai: 10 minutes each. 5. Appellant, for rebuttal: 10 minutes. C. Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. D. The board of adjustment shall decid the appeai upon the appeai record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. [Ord. 90-44 §6, 1991. Formerly §17.100.070]. 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment falis to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as t provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. 10/25/2012 Page 3mf3 decision of ��bama�d� C. The b��of d�a�offi��Oorn�a�ndem��m the parties to the appeal within 10 working days after the appeal decision and approval of findings of fact. [Ord. SO'44§G.19Q1. Formerly §17.1OO.U8O]. 17.225.090 Hearing examiner. When the borough is either the applicant or appellant, the appeal shall be heard and decided upon by a hearing examiner. The clerk shall refer the appeal to the Alaska Office of Administrative Hearings under AS 44.64.030(b). In rendering a decision, the hearing examiner shall follow the rules and procedures as set fodh in the preceding sections of this chapter. [Ord'FY2O1O-OQ§3.2O1O| Ord. 9O~44§8.1B91. Formerly §17'1OO.O8O]' 17.225.100 Judicial review. Any person aggrieved a final decision of the board of adjustment under this chaptor may appeal that decision to the su ior court within 30 days of the decision. An appea to superior court shall be heard solely on the record before the board of adjustment or its hearing examiner and the commission. The appeal procedure shall be governed by the rules set forth in Part Six of the Rules of Appellate Procedure of the state of Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole record, they are supported by substantial evidence. [Ord. 90-44 §6, 1991. Formerly §17.100.100]. This page of the Kodiak Xsland Borough Code is current through Ordinance FY2012'20, passed May 3, 2012. Disclaimer: The Borough Clerk's Office has the official verson of the Kodiak Island Borough Code. Users should contact the Borough Clerk's Offlce for ordinances passed subsequent to the ordnance cited above. Borough Website: http://w°w.kodiakakus/ Borough Telephone: (907) 486-9310 Code Publishing Company (http://www.codepublishing.com/) eLibrary (http://www.codepubUuhing.cnnieUhnary.htm|) 10/25/2012 September 21, 2012 Mr. John Whiddon Island Fish Company LLC 317 Shelikof Street Kodiak, AK 99615 f !� (1f PAGE 1 OF 130 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiak.ak.us Re: Case 13 -006. Request a Variance, according to KIBC 17,195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Dear Mr. Whiddon The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on September 19; 2012, denied your request for a variance as stated above, and adopted Findings of Fact in support of the denial. According to KIBC 17.195.090 - Appeals: An appeal of this 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 the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar dayz following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486 -9310. 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. Tracts N29 -B and N26 -B are typical for waterfront lots located along this stretch of Shelikof Street, Together they are rectangular in shape and measure about 1.4 acres total. The Page 1 of4 BOARD OF ADJUSTMENT PAGE 2 OF 130 tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I-Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N2913 and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent” lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started with development under the current community parking standards. Page 2 of 4 BOARD OF ADJUSTMENT PAGE 3 OF 130 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. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case- by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden for the city to regulate and manage in the Shelikof Street right- of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 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 caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these,structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. Page 3 of 4 BOARD OF ADJUSTMENT PAGE 4 OF 130 In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9363. Duane Dvorak, Acting Director Community Development Department CC: Nova Javier, Borough Clerk Planning and Zoning Commission Page 4 of 4 F ADJUSTMENT ZDATE Kodiak Island Borough (c12 710 Mill Bay Rd. /ION STATION Kodiak, AK 99615 RECEIVED FROM JOHN WHIDDON/ISLAND FISH CO.,LLC DESCRIPTION VARIANCE CASE 13-006 PAYMENT CODE RECEIPT DESCRIPTION Variance Fee Variance Fee CASE 13-006 ...... .... Payments: Type Detail Check 1149572 Amount $350.00 PAGE5O BATCH NU.•" 2013-0000), RECEIPT Nki. 2013-0000034 CASHIER Teresa Medina TRANSACTION AMOUNT t vi - • - 2.4; ,.2a12 ; $350.00 Printed by: Teresa Medina Total Amount: $350.00 Page 1 of 1 09/2412012 02:28:58 PM BOARD OF ADJUSTMENT September 24, 2012 Nova Javier Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 i PAGE 6 OF 130 SEP 2 42012 LBOROUGM CLERK'S OFFICE Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907- 486 -8575 Fax: 907 - 486 -3007 Email contact: jwhiddon @pacseafood.com Case/Decision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing, sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, . bottomfish, halibut, black .cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North Pacific Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional fishing patterns. The October Council meeting . will begin BOARD OF ADJUSTMENT PAGE 7 OF 130 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing patterns as harvesters become more acutely aware of the need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 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. Staff concludes: "Historically, the site has been able to provide ample off - street parking in compliance with the parking, code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N260 and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Stab made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 BOARD OF ADJUSTMENT 1 cSea ood PAGE 8 OF 130 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off-street parking from 21 spaces to 10 spaces, according to KIBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Stair states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off - street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off - street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off - site." We dispute this finding:. 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans of site would create undue hardship since they are used continuously in servicing the fleet. The BOARD OF ADJUSTMENT PAGE 9 OF 130 additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 H1, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet, which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staffs conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 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. We concur with Staff'.s conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off - street parking. Several 4 BOARD OF ADJUSTMENT 1 . PAGE 10 OF 130 new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. We support Staff's conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 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 seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces . and after the fact, increased to 21 spaces after the footprint 5 BOARD OF ADJUSTMENT Pau is ea oodm, PAGE 11 OF 130 of the plant had been established. This fact contradicts Staff's statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P &Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.75.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 • BOARD OF ADJUSTMENT PAGE 12 OF 130 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, Lill, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 BOAR( EDJUSTM P G C OMPLIANC7, . Amps %13 °fC F 130 Permit # Z-,),(62--1„ z - -1„ Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 PH(907)486 -9362 Fax(907)486 -9396 http: / /www.kib.co.kodiak.ak.us Required Applicant Information: f"- 1. Property Owner /Applicant:_1_,,,t ,c_4_ Mailing Address: j f 2. Legal Description: L.1 `7-ct z3. YLf(' 57% t ) Phone: 6 — S' 4 (�-, 1"112e Street Address: t " k f Z%( i Description of proposed action: Ai? 13 / (, c 7-6) 6-14/S. 7 7 , t- q 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries & existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District ❑ Parking Requirements 0 Solid Waste Removal Requirements STAFF COMPLIANCE R E V I E W Parcel No. R L L O(x6: /,5. O Current Zoning: J - 6- Required Lot Area: 6,00C)t ' Required Setbacks: Front: 30,r' Side: p.0 Rear ads Building Height: 6n (Setbacks other than zoning district standards to be noted on the attached site plan) 5. Number & size of parking spaces required: i6,1) k‘c, 6. Off - street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Requirements (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. r ACMP Policies: Res. ❑ no f7'Ind. ❑ Other ❑ Consistent with KIB CMP: YesIa o❑ Attachment: Yes❑ NoD cic3 Zonin Pa P' -C9m lianJ P 'Fee ejn•Cas1 ►mr's'UfTice #,304 1r edulc:W, ( 1 ssembly R44I4 n '1f Ju1y 1, 200$.1.?? wtw rk ?. r . Ltsialalin:1.75 acre 1.76 ts°`! acres 5.01 to 40.00 acres 40.01 acres or more S60.00 590.00 S120.00 Construction Disposal Deposit Payab eiii'CnIIter'& Office Room # 104 Fee Schedule: (per 1(111 Assembly Resolution Eff. July 1, 2005) Less than 250 sq. ft. S250,00 251 to 500 sq. ft. S1i0.00_ Sol or greater sq. ft. 1000.0 S` • BOARD (Page 2 ol'3) nisitiNFORM DOES NOT AUTHORIZE CONSTRUGNITENAVFIERN A BUILDING PERMIT IS REQUIRED **EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before ikich work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UAd) per KIBel 7.03.060. 1. Subd. Case #: Plat #: Bldg Permit 2. Driveway Permit (State, Borough, City) by/date: 3. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable comer markers in place in the field for verificatio of setbacks. By: 4_ v:AL, Title: Pl-eyr)1-er Date: 3/ Supporting documents attached (check one): Site Plan: igt As-Built Survey: LJ Other (List): 4. Com unity Deytopment Department By: y9,14, Title: 5. Fire Marshal (UFC) by/date: Date: 6. Septic System Plan Approved by/date: This e it is ONLY for the ro osed ro ect as described b the a Se licant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. Cxceo&ei BOARD OF ADJUSTMENT. • . - • • • • . • .„. • • • 2PAGE15 OF 130 Gett,e,r1t17* 40.P44,4:. T: AUL biAROOP v. t 15,•4 t r-r i . . . (4,0 494:1°19&':) 4,0 iii cf O -- -5 ro eD6,1 S 4- op — C& II )5'51- ,75 grt BOARD OF ADJUSTMENT Kodiak Island Borough Community Development Department 710 Mill Bay Rd, Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Print Form 1 11 Permit No. CZ2012-79 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Use & Size of Existing Structures: The following information is to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486-8575 Subdv: ATS 317 Shelikof Block: 26B Lot: 298 Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial - . KIBC 17.105 PROP_ID 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat/ Subdivision Requirements? Does the project involve an EPA defined facility? N/A FivccoS WU. If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to Kir N/A BOARD OF ADJUSTMENT PAGE 17 OF 130 Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. Bldg Permit No. Applicant Certification: 1 hereby certify that 1 will comply with the provisions of the Kodiak island Borough Code and that 1 have the authority, to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey Date: May 16, 2012 List Other: Signature: Parking Plan This permit is only for the proposed project as described by the applicant if there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per NBC 17.15.060 A. ** CDD Staff Certification Date: May 16, 2012 CDD Staff: Bud Cassidy Payment Verification Zoning It Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building MAY,16, Koala! 0 Not Applicab Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: flP /01 ; ni $0.00 �X $30.00 ✓ $60.00 ✓ $90.00 ✓ $120.00 j��epsuKE l3 After - the -Fact 2X the published amount $0.00 $60.00 r $120.00 r $180.00 r $240.00 Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) ' PAGE 18 OF 130 . BOARD 0 ) . . STREET • -- ;. • . ' . • • • . .. ' 67. rr /0'w ..57: PAUL 1-1ACWOR Building Square Footage Total = 14,180 Parking Calculation (14,180 I 700) =20.26 Parking Spaces Required = 21 (20.26 rounded up) ' PAGE 19 OF 130 /(..1___i a 5 s 2a/2 -7g .47/e..)//z- BOARD OF pqiJs.. ':•:. • .. • . . - • T. ; , " • : • . " : " colowe,rrot. ewra.1 wrorxe Tv.Z$ • • /7'10'W .57: PAUL PAROOR Building Square Footage.Total = 14,180 Parking Calculation (14,180 I 700) =•20.26 Parking Spaces Required = 21 (20.26 rounded up) ' ) PAGE 20 OF 130 • a 5 e&f, .2eiz BOARD OF ADJUSTMENT PAGE 21 OF 130 first_name MARK CRAIG WILLIAM JEROME TONYA M LEIF KYLE ANDREW M GLENN ELIZABETH MICHAEL MARGARET LESLIE T & MARY A LELAND CHARLES E & MARILYN DUKE KERRY THOMAS ALEXUS ROBERT GEORGE JOSHUA THOMAS CHRISTINA DIANA LANA JANE MONTE PATRICIA MICHAEL JANE ALLAN NORMAN THOMAS CHRISTOPHER Iast_ name ANDERSON BAKER BISHOP BJM, LLC BONGEN LIVING TRUST BROCKMAN BROCKMAN CITY OF KODIAK CROW DAVIS DICK FLEMING HELLIGSO HOLM INT'L SEAFOODS OF ALASKA ISLAND FISH CO., LLC JAMES JAMES JOHNSON JONES KEARNS KODIAK INN HOLDINGS, LLC KODIAK MARINE SUPPLY INC KODIAK RENTAL CENTER, LLC KOUREMETIS KWACHKA LACHOWSKY LEE LEWIS LORAN ETAL LYNCH MACDONELL MK ENTERPRISES, LLC MONTEIRO NEDROW OLSEN RESOFF SAUER THIELEN URSIN SR WALTERS WING Mail Line_ 1124 STELLER WAY P.O. BOX 8514 402 W MARINE WAY STE 300 P,O. BOX 993 PO BOX 392 171 OTTER AVE PO BOX 99 P.O. BOX 1397 410 W. REZANOF DR 2608JODI CT 11879 MIDDLE BAY DR PO BOX 1068 318 W, REZANOF DR 303 COPE ST. P.O. BOX 2997 317 SHELIKOF AVE PO BOX 536 1615 LIEGE DR 9310 LUNDEEN RD SW P.O. BOX 1604 PO BOX 8256 236 W. REZANOF DR PO BOX 99098 PO BOX 2531 PO BOX 1392 326 COPE ST 315 COPE ST 171 OTTER AVE 1120 HUFFMAN RD STE 24-466 410 SHELIKOF ST 11175 LAKE ORBIN DR PO BOX 2730 PO BOX 2338 PO BOX 1072 PO BOX 8983 PO BOX 1014 PO BOX 911 1436 "0" ST 318 W HILLCREST ST 1715 W. NICKERSON ST PO BOX 3336 PO BOX 2827 Mail City KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK BLACHLY OR KODIAK AK KODIAK AK MARENO VALLEY CA KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK HENDERSON NV ROCHESTER WA KODIAK AK KODIAK AK KODIAK AK SEATTLE WA KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK ANCHORAGE AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK KODIAK AK ANCHORAGE AK KODIAK AK SEATTLE WA KODIAK AK KODIAK AK Mafi_State Mall Zip 99615 99615 99611 99615 99615 99615 97412 99615 99615 97555 99615 99615 99615 99615 99615 99615 99615 89012 98579 99615 99615 99615 98199 99615 99615 99615 99615 99615 99515 99615 99615 99615 99615 99615 99615 99615 99615 99501 99615 98119 99615 99615 pub6,:c (7u2 recids BOARD OF ADJUSTMENT Public Hearing -I , 2 OF 130 ntroouction - age 1 0 Current Location Request A Variance, per KIBC 17.195, reducing the require• - • & Z Case # 13 -006 off- street parking from 22 spaces to 10 spaces, according to Island Fish Co. LLC KIBC 17.175.040. Agent: John Whiddon , V 11 L P „\0 N 222 tli\a N CO ' b . ' INISII 1� 1,1y N B rsi 3h A:4 �� R3�C 21• 6- � '. 302 0 q0 �,ss 32 �A j �0, t.. C., 332 �0P ^0P ,. 3 Al Al2 323 ON .iv cI- Kodiak Island Borough GIS System w WA�''L 0 125 250 500 750 1,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for me purpose cf showing the general location of a property within the Kodak Island Borough. This map does not represent a survey. More information about the mapping data can be ohlained by contacting the Kodak Island Borough IT Department at (907) 488 -9333. ntroouction - age 1 0 BOARD OF ADJUSTMENT ,4 Public Hearing Itg OF 130 P&Z - September 1 , 12 Kodiak Island Borough Zoning Map Community Development Department Current Zoning P & Z Case 13 -006 stand Fish Co. LLC gent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Public Use Lands [] Rural Residential 1 Watershed - Rural Residential 2 Business Conservation Single Family Residential I I Retail Business Zoning Legend I Multi Family Residential Rural Residential L I Two Family Residential L Industrial Light Industrial Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use This map was prepared from the Kodiak Island Borough's GIS System 1 1 5 provided for the purpose of showing the general location of a property within the Kodiak Island Borough. The map does not represent a survey. More information about the mapping data can be obtained by contectIng the Kodiak Island Borough IT Department at (907)406-9333. Introduction - Page 2 of 3 BOARD OF ADJUSTMENT Fuunc Hearing Ip 4,0F 130 P &Z - September, Current Location P & Z Case # 13 -006 Island Fish Co. LLC Agent: John Whiddon Request: A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS System This map was prepared from Inc Kodiak Island Borough's GIS System. 11 is presided for the purpose d showing lee general location of a property within the Kodiak sand Borough. This map does not rep eseni a survey. More information about the mapping data can be obtained by contacting the Kodak island Borwgh IT Department el (907)486-9333. Introduction - Page 3 of 3 BOARD OF ADJUSTMENT r—� Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodlakak.us Public Hearing 1 1 P8 Z t AFriptcT Variance Application KIBC 17.195 PROP_ID/ The following information is to be supplied by the Applicant: /561,tia Pe ea, 1eL Property Owner / Applicant: Pacific Seafood Kodiak -John Whiddon, General Manager Mailing Address: Phone Number: Other Contact email, etc Legal Description: Street Address: 317 Shelikof Street, Kodiak AK 99615 907 - 486-8575 John Whiddon <•Whiddon @pacseafood.com> Subdv: Adjoining City Tidelands Tracts N26 -8, N29 -B 317 Shelikof Street, Kodiak AK 99615 Block: Lot: Present Use of Property; Seafood Processing, Retail Seafood Store Variance(s) Requested: Reduce required on -site parking from 22 to 10 spaces; this will be accompanied by several actions taken by Pacific Seafoods to continue to reduce parking demand, and to shift a portion of on -site spaces to an adjoining property ( Note: Use additional sheets, if needed, to.provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the'community development department and accompanied by the required fee and site plan (a development plan for one ormore lots on which is shown the existing & proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of Ingress& egress; circulation; utility services; structures & buildings; signs & lighting; berms, buffers, & 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). All applications shall be available for"public Inspection. KIBC,17.195.050 Approval or dental. A. Approval. If It Is the finding of the commission, after consideration of the Investigators report and receipt of testimony at the-public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets oil of the following, the variance shall be granted. Respondto each of the following standards as they apply to your request. (use additional sheets as needed) 1. That there are exceptional physiceIcircumstances or conditionsappiimble.to the property ortoits Intended use or development which do not apply generally to other propentes in thesame land use district See attachment 2. That the strkt application of the provisions of this title would result in practical difficulties or unnecessary hardship;" See attachment Jet - 5 '2012;: :.j COMMUNITY DEVELOPMENT, DEPARTMENT Application Page 1 of. 10 1.5-000 BOARD OF ADJUSTMENT r Public Hearing 10 E-2110 130 P &Z - September , 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; See attachment 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; See attachment 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 See attachment 6. That granting the variance will not pe See attachment p hibited land use in the district involved. Applicant Certification: 1 hereby certify as the property owner/ authorized agentthatthls application for P &ZCommission 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 she plan for the variance request and may include optional supporting documentation as indicated below. Additional Narrative / History: Photographs : As -built Survey : Maps : List Other: Other material to be submitted by July 31 Date: Signature: Site Plan Submitted 7 CDD Staff Certification Current Zoning: �. Date: CDD Staff: Code Section(s): Payment Verification Fee'Payable in Cashier's Office Room # 104- � :•t orough Bullding 1 l51�Z�I' KgliaKt dfiOI nfeug1. Application - FRgpriepiNgffrnpW $250.00 BOARD OF ADJUSTMENT VARIANCE REQUEST Pacific Seafood Background ) Public Hearing liS5e020F 130 P&Z - September 1, Fishing is the Foundation of the Kodiak Economy ▪ Kodiak is the number 3 fishing port in the US in value and pounds of fish harvested (National Ocean Economics Program) • More residents live off the fishing industry in Kodiak than anywhere else in Alaska; 6 of 10 largest employers in Kodiak are seafood processors • Seafood provides largest payroll on Kodiak Island Pacific Seafood Today Size and Operations — Pacific Seafood is one of seven primary seafood processors on Kodiak Island. Pacific Seafood currently serves a mixed fleet that includes: jig, Iongline, pot, trawl, salmon seine and set nets. The plant operates year round, processing Pacific cod, Pollock, POP, rockfish, flatfish, halibut, black cod, salmon and sport and charter fish. During peak season, the plant operates 24 hours a day to offload, process and ship fish to both international and domestic markets. The business continues to process sport and charter fish during the summer tourism months, and operates and maintains a fresh seafood market year round. History — The business was started as a seasonal custom processing operation serving the sport and charter fleets. The company, formerly called Island Seafoods, was acquired by Pacific Seafood Group in 2003. Since then the company expanded to a year round operation serving both the domestic and export markets with a variety of fresh and frozen products. Pacific Seafood is a family owned, vertically integrated seafood company, based in Portland, Oregon. • Physical Layout — The facility is located at 317 Shelikof Street on two adjacent tracts, N29B and N26B. The original building, across the street at 330 Shelikof Street, is currently being used as a maintenance shop. The approximate square footage of the primary processing building is 13,000 square feet. • Parking Needs fluctuate according to the seasonal changes in fishing activity, varying over the day and year. The retail operation requires five (5) spaces for customer use. The five 40 foot export vans on the Shelikof Street side, account for an additional five larger parking spaces. • Business Growth and Local Economic Impact - Growth: Fish processing is a very capital intensive, competitive business. Over the past 9 years, to remain in business and prosper, Pacific Seafood has had to significantly expand its staff, equipment and season of operation. Substantial payroll: The number of pounds crossing the dock has increased by a factor of five since Pacific Seafood Group took over the facility in 2003. To accommodate this expansion, at peak production the number of employees has increased from ten to over seventy-five. The average number of employees during the season is fifty, split between two shifts. A large portion of Pacific Seafood's staff walks to work or carpools. This is strongly encouraged by Pacific Pacific Seafood Preliminary Variance Application - attachment Application - Page 3 of 10 page 1 of 5 7.5.12 BOARD OF ADJUSTMENT Public Hearing 1 7 P &Z - Septemb r , , F 130 Seafood management, to minimize parking demand and to reduce congestion at the plant and on Shelikof Street. Expenditures: Pacific Seafood and its employees make substantial expenditures throughout the community, purchasing goods and services for the plant and the multi -gear type fishing fleet, including fuel, food, support services and purchase and repair of processing equipment. Contributions to local government revenue Fish tax (severance tax) revenues make up a large proportion of all locally generated revenues. As one of seven major processors in the area, Pacific Seafoods makes a major contribution to this critical local government revenue source. Pacific Seafood and its employees also spend significant money in the community, in turn making a large contribution to local sales tax revenues. Property tax contributions are also significant. Pacific Seafood Tomorrow The national and international seafood business is constantly evolving and these investments are essential for the company to remain competitive. The company requires additional space to improve waste handling and increase freezing capacity. The potential for expansion will be largely controlled by space available for facility operations, which is in turn largely controlled by parking ordinance requirements. Pacific Seafoods will not be able to grow and therefore compete without a favorable resolution of parking issues. The Big Picture Pacific Seafoods recognizes the challenges of parking in downtown in general and along Shelikof in particular. The business succeeds in part because of all the resources downtown offers — services, retail, circulation, restaurants and housing. Pacific Seafood wants to work to improve parking situation for itself and for the community, which will require a cooperative effort. Proposal — A Phased Approach 1. Immediately, A parking variance, to solve current problems at Pacific Seafood — from a requirement for 22 to 10 parking spaces. Pacific Seafood will take several different steps to offset this reduction in on -site parking requirements. Details will be presented in the full version of this variance request, to be submitted by the end (Oily. f uly. Strategies will indude continued steps to reduce employee parking demand, proposed changes in the location and dimensions of parking spaces, and use of adjoining off-site parking to meet a portion of parking requirements. 2. In the near future: Pacific Seafood would like to be one catalyst in bringing together the City, Borough, landowners, businesses and the community to develop and implement a plan that resolves parking issues in the area. Pacific Seafood Preliminary Variance Application - attachment Application - Page 4 of 10 page 2 of 5 7.5.12 BOARD OF ADJUSTMENT Pu~'�icHearing Itow%330LOF130 P&Z - September 1T, Variance Criteria KIB Code; Chapter 17.195 and Pacific Seafood Responses �� ' .. That there are exceptional physical circumstances or conditions a licable to the property or to its intended use or development which do not apply generally to other proper6aa in the same land use district; Borough parking standards requiring one on-site parking spot per 700 square feet of industrial space do not work for waterfront seafood processing businesses. For Pacifi Seafood or any other processor to continue to operate safely and successfully requires modification of these standards, WhiIe on some days the 22 parking spots required under existing standards can remain open and dedicated to parking use, on other days at least portions of these spaces must to be available for processing-related activities. The size of this waterfront parcel is fixed; there is no extra room to both meet operational needs and ensure all required parking spaces are always free. Current parking standards are equally unworkable for all the processing facilities along the waterfront. The reason these parking standards have not been challenged and resolved is that nearly alt the other nearby processors (and many larger retailers) are effectively exempt from Borough parking requirements — their operations are "grandfathered" from a time prior to the adoption of the existing code. Because of the temporary change of the business in 1995 from seafood to retail, Pacific Seafood is the only m 'orpromenoingbusinessw4thoutthe°grandfatherprovuimm°. The resulting situation reverses the normal role grandfathering plays in a community. Instead of the large majority of users meeting the law with the occasional grandfathered exception, in this case the situation is reversed: one company is required to comply with standards not followed by other processing businesses. ?]L That the strict application of the provisions of this title would result in practical difficultieS or unnecessary hardship; A processing business must have a waterfront location; availability of such space is intrinsically very limited. Operational undsa6gy requirements for a successful fish processing operation do not allow Borough parking on-site standards to be met on a regular basis. The growth of the business requires movement of large freezer vans, waste dump trucks and forklifts such that parked vehicles must continually be moved to accommodate the functions of the business. Safety is a particular concern during those tirnes when a small area rnust serve both parking and operational needs; private vehicle parking creates a risk of damage to parked cars and potential for accidents or i 'ury. There are few if any alternative locations for fish processing in the area, and effectively no option to expand at the current site. Meeting the full parking standards under the existing ccde means the existing operation will have to be substantially reduced, and also that the opportunity and need for expansion expansion wilt be prectuded. This would result in reduced fish landings and the elimination of permanent full time processing workers. Even if more on-site parking space was available, enforcement of these parking standards on one busineos, while not requiring the same rule of other processors, creates a singular and significant hardship and competitive disadvantage for Pacific Seafood. The Pacific Seafood Preliminary Variance Application - attachment Application - Page 5 of 10 page 3of 5 BOARD OF ADJUSTMENT Public Hearing ligm-.710 OF 130 P&Z - September'M -12 /3. Borough is in effect practicing spot zoning; burdening a single business with costly requirements not asked of the other comparable businesses just down the street 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; If parking issues can be resolved Pacific Seafoods will be able to continue to operate into the future. This would support economic development of the Borough, help support local sport and commercial fishing businesses, make an important contribution to borough tax revenues, and contribute to the overall welfare of the community. Limited on-site parking, and a reliance on on-street parking, including parking by Pacific Seafoods employees, has been the practice along Shelikof for many years. Allowing this practice to continue will not change the public's health safety and welfare. While continuing on-street parking is workable, it is dear that parking is often tight along the street, impacting businesses and customers. Pacific Seafood would welcome the chance to work with the Borough, the City, and other property owners and businesses to develop a more comprehensive solution to parking issues in the area. Key elements of this larger scale plan might include: Initial evaluation of parking needs, parking supplies, and parking behaviors Changed on-site parking standards, so that all businesses have reasonable standards. Expansion of on-street parking, such as expansion of bulkhead parking across from Sutliffs • New shared off-street parking • A safe, enjoyable walking route for cruise ship visitors and other pedestrians between Pier 2 and downtown. Pacific Seafood has considered acquiring the adjoining property to the west and renovating this currently unused site. Redeveloping this unused property would create new jobs and business opportunities, and increase local tax revenues. The economics of this purchase do not work, however, without changes in parking standards, and parking demand and supply in the area. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The comprehensive plan places major emphasis on the value and importance of fishing for both the economic health and quality of life in the Borough. Two of several sections of the plan that emphasize the need to support the fishing industry are excerpted below. Goal: Support the local commercial fishing industry in their efforts to maintain the economic health of and diversify Kodiak's regional fisheries while managing any potential environmental impacts from the seafood processing industry. - Support and help coordinate efforts by the private industry to increase value-added processing in Kodiak. Pacific Seafood Preliminary Variance Application - attachment Application - Page 6 of 10 page 4 of 73.12 BOARD OF ADJUSTMENT Public Hearing ItiggdEA3 OF 130 P&Z - September 19, 2012 Increase the productivity of the seafood processing plants. including through increasing electrical power utilizcion/ efficiency and reducing &ectric power costs. Support improvernents to infrastructure that supports the fishing industry (e.g., cranes and coki storage facilities) CO allow local fhirg boats to directly market their catch, Goal: Support commercial businesses and areas widhix the Boruuoh, including in downtown Kodiak. Policies Plan for land oso«, transportation facilities and public improvements in commercial areas in a way that upports the viability of local businesses. Zone land and coordinate planning in the Kodiak urban area in a way that supports r.he duwnoown, as well as other important commercial areas, Support efforts by local businesses, and business organizations throughout the Borough to enharir.e existing and potential new businesses, particularly in areas that would benefit: from economic revitalization. -"S That actions of the applicant did not caus special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and Pacific Seafood has been carrying mutthemame0sh processing business in this Iocation for | 1 years. Like all the fish processors in Kodiak, the business has evolved to meet changing market needs, and take advantage of new opportunities, and like most of the other processors along Shelikof, to remain viable and competitive, the business has by steadily expanded. The alternative to continued growth is visible in the vacant former fish processing business on the adjoining lox — proceosingbuoinnsothatdonmtcontinuaUyreinvwmt, grow and change are not viable. ,6. That granting the variance will not permit a prohibited land use in the district involved - No change in use is proposed as part of this requested varlance. The purpose of the request is to allow the successful continuation of the current use. Pacific Seafood Preliminary Variance Application - attachment Application - Page 7 of 10 page 5 of 5 130MIEN3FDATIEJUSTMENT 07/05/2012 COLLECTION STATION CASHIER RECEIVED FROM Pacific Seafood DESCRIPTION VARIANCE APPLICATION KIBC 17.195 PAYMENT CODE Variance Fee Payments: Kodiak Island Borough 710 MW Bay Rd. Kodiak, AK 99616 Public Hearing I P&Z Septemb RECEIPT DE:SCRIPTON Variance Fee Type Detail Check 1147249 Amount $250.00 OF 130 0 L �005 RECEIPT NO. 2013-00000010 CASHIER Cashier TRANSACTION AMOUNT , Printed by: Cashier Total Amount: Applic%-refA 8 of 10 $260.00 07105/2012 02:40:07 PM BOARD OF ADJUSTMENT ,Sheila Smith Public Hearing P&Z - September OF 130 From: Chris Beck <Chris@agnewbeck.com> Sent: Thursday, July 05, 2012 11:21 AM To: Duane Dvorak Cc: Bud Cass Sheila Smith; John VVhkddonOwhiddon@pacomahood.mnm) Subject: Work session and Sito Visit Attachments: Letter-wo,kmmwuion,equest.doc Duane (and Bud and Sheila) As we've discussed, be coming to Kodiak next Wednesday the I I th to' learn more about parking issues at Pacific Seafood and surrounding areas1 and to participate in the Planning Commission Worksession. Attached is a formal letter asking for a brief window of time at the worksession. John will not be able to attend the worksession. I'm also hoping that I could meet with you and Bud to get some backgroUnd on these issues during that day. Is there a particular time that would be good to schedule? My current plan 15 tO come to your office early Wed AM and review files on adjoining businesses, Our understanding is essentially all the other Shelikof Street fish processors and larger retailers are grandfathered and do not have to meet the parking standards being asked of Pacific Seafood. But I'd like to go through the files and confirm that fact. I intend to spond most of the day watking the area, and 1 hope visitirig with people who kr,ow the parking issues. Other than Borough staff, is there anyone you think it would be particutarly usefu! to tatk to? We're submitting a variance request later today. As discussed, this is in part a placeholder — a response to the schedule established by the Borough non-compliance complaint fi|eJin June. We're still planning on filing a more fleshed out version by the end ofJuty, to setthe stage for a Septeniber hearing. The full submittal will take advantage of what 1 hope to learn while visiting on the I I th and doing further research over the remainder of the month. The schedule as outhned in our previous ematis is excerpted below. Thanks for the assistance. Hope you got a bit of a break on this midweek 4th ofJuly CBeck Chris Beck principal 441 West Ffth Avenue, Suite 202 Anchorage, Alaska 99501 t $07.222.5*24 f 907222.5426 w wvvw.agnwwbeck.cnm Hi Chris and John, just to clarlfy a couple of points below 1 have highlighted my comments. —Duane Duane Dvorak, Associate Planner Development Community Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 1 Application - Page 9 of 10 BOARD OF ADJUSTMENT (907) 486-9362 ddvorakakodiakakus From: Chris Beck fmailto:ChrisCaonewbeck.coml Sent: Friday, June 15, 2012 4:33 PM To: John Whiddon (jwhiddonersacseafood.com) Cc: Duane Dvorak; Shanna Zuspan Subject: Response to Parking Compliance Complaint Public Hearing 11:90,714 OF 130 P&Z - September'i,- 12 John, I just had the chance to talk to Duane about a possible schedule regarding parking issues at your property, outlined below. From what I know of your situation, this looks like one good way to go. I'm ccing Duane to make sure 1 have the process correct. In next several days... send a request through Duane and Sheila for time on the Planning Commission's agenda on July I I th By July 5th - respond to the Borough complaint within 30 days Several options are possible; one would be to file an 4)**0:variance; another simply comply. The recommended alternative would be to file a request for a variance. That filing would meet the requirement for some form of response to the complaint within 30 days, and would relieve the requirement for direct physical compliance (meaning you would not have to remove the offending material from your parking areas while the variance is being reviewed and acted upon.) This variance filed must be substantially different from the earlier proposed variance. The version filed by July 5th could be, In effect, a placeholder, leaving the option to add additional material later, after the July 1 Ilh worksession and my fact finding trip to Kodiak. (The appealOption CloSetkoday,aothe variatiCe Oailabielfter this dine.) July I I th - Short worksession with the Planning and Zoning Commission I'd come out to Kodiak for this worksession, and while in town meet with Duane, get more familiar with the site, etc. At that time I'd also like to better understand the facts surrounding the initial variance request, for example, Duane's count of square feet of building. By August 1 — File fleshed out Variance Request September (1-Z419th) — Hearing with Planningand Zoning Commission (Septernber 12this:thlepacket review'work session and`th6:pulitiOhearingi&O*Weekletiefienffie 19) How does this sound? Duane, is my understanding of this option correct? and thanks Duane for all the help). Chris 2 Application - Page 10 of 10 BOARD OF ADJUSTMENT Public Hearing IG7 OF 130 P&Z - September 19, 12 Current Location 317 Shelikof Street P &Z Case 13 -006 Island Fish Company, LLC/ Pacific Seafood Kodiak Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. Kodiak Island Borough GIS 68C ( RIB Legend Subject Parcels Notification Area This map was prepared from the Kodiak Island Borough's GIS System. 11 is provided cor the purpose of showing the general locahon of a property wtien the Kodiak Is'Iard BDrough. TMs map does not represent a survey More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (9C7) 486 -9333. Public Comment - Page 1 of 27 i BOARD OF ADJUSTMENT Public Hearing pi - P&Z - Se temb 7 p , KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 pF 130 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6 :30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13 -006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. 317 Shelikof Street I- Industrial 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. Written comments°must'be=received by 5-pm,.Sedtember 4 , 2012 to be_consideredav the.eommission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you niay email them to ssmith @kodiakak.us: 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. One week prior to the regularmeeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 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: Comments: Public Comment - Page 2 of 27 BOARD OF ADJUSTMENT Public Hearing 119a:70 7 OF 130 P &Z - September , 1 MARK ANDERSON CRAIG BAKER WILLIAM BISHOP 1124 STELLER WAY P.O. BOX 8514 402 W MARINE WAY STE 300 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99611 BJM, LLC P.O. BOX 993 KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 ANDREW M DAVIS 2608 JODI CT MARENO VALLEY, CA 97555 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 ISLAND FISH CO., LLC 317 SHELIKOF AVE KODIAK, AK 99615 JEROME BONGEN LIVING TRUST PO BOX 392 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 LESLIE T & MARY A JAMES PO BOX 536 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAK, AK 99615 KYLE CROW 410 W. REZANOF DR KODIAK, AK 99615 ELIZABETH FLEMING PO BOX 1068 KODIAK, AK 99615 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 LELAND JAMES 1615 LIEGE DR HENDERSON, NV 89012 CHARLES E & MARILYN JOHNSON DUKE JONES KERRY KEARNS 9310 LUNDEEN RD SW P.O. BOX 1604 PO BOX 8256 ROCHESTER, WA 98579 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK INN HOLDINGS, LLC 236 W. REZANOF DR KODIAK, AK 99615 KODIAK MARINE SUPPLY INC PO 130X 99098 SEATTLE, WA 98199 KODIAK RENTAL CENTER, LLC PO BOX 2531 KODIAK, AK 99615 THOMAS KOUREMETIS ALEXUS KWACHKA ROBERTLACHOWSKY PO BOX 1392 326 COPE ST 315 COPE ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 GEORGE LEE JOSHUA LEWIS THOMAS LORAN ETAL 171 OTTER AVE 1120 HUFFMAN RD STE 24 -466 410 SHELIKOF ST KODIAK, AK 99615 ANCHORAGE, AK 99515 KODIAK, AK 99615 Public Comment - Page 3 of 27 BOARD OF ADJUSTMENT CHRISTINA LYNCH 11175 LAKE ORBIN DR KODIAK, AK 99615 LANA JANE MONTEIRO PO BOX 1072 KODIAK, AK 99615 Public Hearing 119' ?J , g20F 130 P &Z - September DIANA MACDONELL MK ENTERPRISES, LLC PO BOX 2730 PO BOX 2338 KODIAK, AK 99615 KODIAK, AK 99615 MONTE NEDROW PO BOX 8983 KODIAK, AK 99615 PATRICIA OLSEN P O BOX 1014 KODIAK, AK 99615 MICHAEL RESOFF JANE SAUER ALLAN THIELEN PO BOX 911 1436 "0" ST 318 W HILLCREST S_ T KODIAK, AK 99615 ANCHORAGE, AK 99501 KODIAK, AK 99615 NORMAN URSIN SR THOMAS WALTE RS CHRISTOPHER WING 1715 W. NICKERSON ST PO BOX 3336 PO BOX 2827 SEATTLE, WA 98119 KODIAK, AK 99615 KODIAK, AK 99615 Public Comment - Page 4 of 27 BOARD OF ADJUSTMENT Public Hearing I Wd7C39 OF 130 P &Z - September 19, 2012 KODIIAK ISLAND 13 ROUGE COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, . on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kod John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the requ - 22 spaces M -10 spaces; awarding to-10130 177175. 317 SShelticof Street I- Industrial ECEOVET) COMMUNITY DEVELOPMENT DEPARTMENT This notice is being sent to you because our records indicate you are a property ownerrmterested party in the area of the request If yon do not wish to testify verbally, you may provide your comments in the space below or in a letter to the CommuoityDevelopment Department. Written comments must be received by 5 pm. September 4_ 20177 to be considered b, the commission. If you would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmithnkodiakak.us. If you would tike to testify via telephone, please call In your comments during the appropriate publk hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday. September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference•Room ( #12I), to review the material for the case. packet 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. / /� �j /,-- © /% Your Name•. . 4 �.. jf A 6. Morning Address: ti' Ole 7 / c�TG+'I�/ /IL / • Your property . - • . ., 3 O Comm— • ..-I • ,. • ii ! l Or I , % aLy/ iliRLil /• I ` .. /f 3il ! ! , i lk 6 r� x i 0 r- * il. , ay / p % �� ��� a '_ ate. I af:1 31jimrs ..� w I+ wJ.i..i. l ? . %tf"�/ l . s aims', % • ice ( l nil/ _t �:/ ■ '!'I / / fe - �� _nI gifilJ f- ' at r-,' ip • ' . it f_ .e, 1!Juinj __` 4 1 2 i:' _r / - r'f4? 1) .l P 11 i121 ` es: ! t, ids .� 1 6 Public Comment - Page 5 of 27 BOARD OF ADJUSTMENT Public Hearing 119 P &Z - September' OF 130 KODAK ISLAND IB1}ROUOE COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907)486-9363 August 7, 2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon; General Manager A Variance, per KIBC 17195, reducing the required off - sheet parking &ILI 22- spaces V -10 spaces; acc-urdhig to- K-IBC 17:175.040: - - _ • 317 Shelikof Street I Industrial This notice is being scot to you because our records indicate you are a property owner/mterested.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. Writicn coimnents must' be received by j nm, S member 4. 2012 to De considered by ;he conunission. If you would bike to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith(ckodiakak.us. If yon would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting: The local cal- in,telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 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. Main Address: „,..l$ x /gr. r Your Name: 6/4742% f% 7 r�G42-f Yourpropertydescription: j�/ ti Comments: • 4J /7 /1 `s Fr A /7/4 4.- r / 1 "WW2/. ftn cJ .._. _._ _..- cle is •-)r : M "' r W` ai'f, -- ; ;./ cn, of .. / / / /r i1i oYytsW/5 bi. �/ rl K /A �� /Y� ij/ `...r.ex!/ hf Rs7 )/ //1 reefs trsr 0.5 '14e17#tuei Al %/ All yr • • j AteD e /fP .- ' .I .S EP . -, ,4, 2012 . .COMMUNITY DEVELOPMENT DEPARTMENT Public Comment - Page 6 of 27 BOARD OF ADJUSTMENT Sheila Smith Public Hearing Ita: q\4tOF 130 P82 September w, coz From: John Adams <jadams@seattlegeneralagency.com> Sent: Monday, August 13, 2012 5:16 PM To: Sheila Smith Cc: John Whiddon Subject: Case 13-006 Island Seafood Company LLC/ Pacific Seafood Kodiak / Variance request Attachments: 2012-08-13 180637.pdf Attached is a copy of the Public Hearing Notice. I am John Adams, Personal Representative of the Ursin Estate and responsible for all Estate matters. My office is at 1715 West Nickerson St.; Seattle, WA 98119 Our property is N29A located at 319 Shelikof Street, Kodiak, AK 1 have no objection to the requested parking variance requested by John Whiddon. John Adams 1715 West Nickerson St Seattle, WA 98119 206 282-7000 800 724-4840 Fax 206 283-1419 Adams-Semenatt.net Jadams(a,Seattlegeneralagencv.com 1 Public Comment - Page 7 of 27 BOARD OF ADJUSTMENT Public Hearing Ili P &Z - Septembe KODIAK ISLAND BOROUGH (COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 August 7, 2012 V5/020F 130 Public Hearing Item 7 -A PUBLIC HEARING NOTICJE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST. LOCATION: ZONING: 13 -006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces i lO.spaces, according•to -K1BC 17:175.040. 317 Shelikof Street 1- Industrial This notice is being sent to you because our records indii ate you ate 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. Written comments must.be received by 5 pm, September 4 , 2012 to be considered by - the commission. If you would like to fax your comments to.us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. kodiakak.us. If you would like to testify vla telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (8121), 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. �/ ��,/ rf Your name: W A, p_ _ Mailing Address: ?i 0'.b `! , C 3 ,zh Your property description: 7L/ gi 2y Wi 5T3 `j -- 4 3 VC ! Comments: • I. �s - 11WIi►i 0 *i -.. � c ja�� . .+" gyp • . .il ,SEP' - 4 ,'1.012 COMMUNI1Y DEVELOPMENT DEPARTMENT Public Comment - Page 8 of 27 BOARD OF ADJUSTMENT Au Public Hearing It�rWdc3 OF 130 P &Z - September 19, 2012 KO !AK ISLAND OROUGEE COMMUNITY DEVELOPMENT DEPA RTMENT 710•M171 Bay Road, Kodiak, Alaska 99615 7, 2012 (907) 486 -9363 Public Hearing Item 7-A PUBLIC BEARING NOTIC1E A public hearing will be held on Wednesday, 'September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off - street parking fiz�m 22 spaces tX -10 spaces --, according to -1IBC 17.175.040:- - 317 Shelficof Street I- Industrial This notice is beutg sent to you because our records indicate, you arc "a property ov► ierrwterested 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 Depaztmeot. Writ fen comments must be received by 5 Zen). September 4 . 2012 to, be: considered by the ewnrnission. If you would like to fax your comments to us, our fax munber. is: (907).486- 9396 or you may email them to ssmith(c3kodiakak.us. If yon 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. One week prior to the regular meeting, on Wednesday, September 12, 2012, a work session will be held at 6:30 part. in the Kodiak Island Borough Conference Room ( #12l), 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: C..40,2Q 4 L '52 A- S KU _ Moiling Add nnY Your property description: 2 EKV au= a C,(,S.'T,Ale:SI S 0/41 .S Comments: s^ ' o 1•1 C1--r W : T ' C) .s a P 9- 4 11 L A-S / ffd4� GtNltPc -v -rii 1 �. `/4 1,; _ter ;/Li_�C -ako `r.. - /' t r---_ ev Ca . . 5 tie _.� A-ay_. ^. 7!1 GT� vO1 1�%-- lit_ (r�_ �i 1/�' ( &p.ULTy ©n.JJ ` / JOV -Li -� evrWar/�7� c- . ECE[YE _ SEP — 4 .2012 COMMUNITY'DFVF1'OPMFr OFPARTMFNI Public Comment - Page 9 of 27 BOARD OF ADJUSTMENT September 1, 2012 To: Kodiak Island Borough Community Development Department Public Hearing 10-7,14 OF 130 P&Z - September" ig," 12 Re: Case: 13-006/Island Fish Company, LLC/Pacific Seafood Kodiak (IFC) From: Engine Room Supply 322 Shelikof Street Suite B Kodiak, AK 99615 We are very concerned about the request to allow a variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces on Shelikoff Street, and request that the variance be denied for several reasons. There are an insufficient number of parking spaces presently, along thissection of Shelikof Street. Our employees must park on the street so that customers can park in the spaces provided on the building's property. We rent one of four businesses in this building, with one space available for our customers most of the time. On our side of Shelikof Street, 1-hour parking is allowed, and on the east side (the boat harbor side) 12-hour parking is permitted. This means our employees are currently competing with drivers who workat businesses on Shelikof Street for parking. Should this variance be granted, there would be a great deal more congestion than already exists. Reducing the available parking will be a burden to existing businesses with a possible loss of revenue. Customers currently can't always find places to park and do not want to park illegally. They may take their business elsewhere, or online, should fewer spaces be available. This will make a bad situation worse. We would like to suggest that IFC provide shuttle service for its workers to get to and from the job, or incentives to workers who carpool. IFC could also use part of its own property for employee parking. There are solutions, other than granting this variance. Thank you, Charlie & Laurie Madsen Delivered electronically E E VIE SEP - 4 2012 COMMUNITY DEVELOPMENTDEPARTMENT Public Comment - Page 10 of 27 BOARD OF ADJUSTMENT Downtown Parking Public Hearing It m-7 OF 130 P&Z - September 19, 012 I am opposed to any variance allowing a reduction in the required parking spaces. Downtown parking is at a premium. The one hour parking in front of the Harbor Building is abused daily. Retail customers cannot park in front of establishments to do business. The private parking lot assigned to my building is constantly being utilized by Pacific Seafood employees as shown in the photos below. Harbor Building parking lot utilized by Pacific Seafood's employees. Different day, same problem with use of private parking lot. Public Comment - Page 11 of 27 BOARD OF ADJUSTMENT Public Hearing IW6 OF 130 P &Z - September 2 Same problem different day Cannery vehicles in one hour parking. I had to call the city police to get these vehicles to move. My retail customers had no direct access to my retail space. Lae_\■\ 0,\,\C■3\-q Public Comment - Page 12 of 27 ECEDVIE[1-) SEP - 4 2012 COMMUNITY DEVELOPMENT DEPARTMENT BOARD OF ADJUSTMENT 771OMAS LORAN 410 SIIELIKOF ST. KOI)JAK. AK 99615 August 30, 2012 Kodiak Island Borough Community Development Dept. 710 Mill Bay Rd Kodiak, AK 99615 sent via email to ssmith(Oodiakak.us Public Hearing Item 7�E 47 OF 130 P&Z - September 19, A Re: Case # 13 -006 Island Fish Company /Pacific Seafood Kodiak Dear Sirs; 1 am the owner of lots 19A- l A and 19A -2, also known as 410 Shelikof Street. This property is occupied by my company, Alaska Hydraulics, Inc. 1 am providing comments regarding Mr. Whiddon's request for a parking variance on Shelikof Street. Respectfully, I ask that this request NOT be approved. The parking situation on Shelikof Street is already a huge issue and escalating daily. The street parking is already over stressed. This causes customers o f surrounding businesses to utilize my parking lot. Then, my customers and my employees cannot park in our own lot. Or..oflen have someone double parked behind them so they cannot leave. We have incurred expense in trying to control our parking lot for our customers and employees as well as made some town Iblk mighty upset when we ask them not to park in our lot or put a sign on their windshield. Please help us be good neighbors by not forcing us to have non - customer vehicles towed. Also, we are trying to be a part of the cannery row community, and are trying to get along with our small business neighbors by not chasing their customer's off any more than we have to. In these tough economic times we should all help our neighboring businesses as much as possible. I spoke with many'ofour neighbors regarding this issue and they are all having problems and are sorry that their customers invade our space. Many of them have also incurred expenses and have employees who have to come 10 work an hour early just to gel a place to park. In addition, the situation has made Shelikof unsafe to drive or walk. Public Comment - Page 13 of 27 (Th BOARD OF ADJUSTMENT Public Hearing Item 7- P&Z - September 19, Our parking lot is the big "Shelikof U-Tuni" fbr when people drive up and down the street looking for a parking space. People are pulling in to make a U-Turn, while we have a customer backing out and maybe a freight truck trying to deliver goods to my company or my neighbors. Many large trucks and delivery companies double park or block the road and tie up traffic. There is also a lot of pedestrian traffic and bicycle traffic. 1 have seen many near misses as many of the pedestrians arc not paying attention or not following proper bicycle laws. As this community is already looking into how to make walking on Shelikof Street safer for ferry and cruisc ship passengers, the parking situation should be taken in consideration fur that effort. Just recently, the Kodiak Brewery moved and their parking space is now filled daily. Possibly this issue should be co-considered with the City government. Designating some parking spaces for a 1-2 hour maximum, enforced by the City, is a possible partial solution. We all appreciate and respect what the canneries/seafood companies mean to this community; however, they need to take some responsibility as well. Find olbate parking with a shuttle perhaps? Thank you. Thomas Loran attachment Public Comment - Page 14 of 27 E 48 OF 130 BOARD OF ADJUSTMENT Public Hearing Item 7 18,AnE 49 OF 130 P&Z - September 19, 261t' Current Location Request a Variance:per KIBC 317 Shelikof Street 17.195, reducing the required P82 Case 13-006 off-street parking from-22.Spaces , - i i... Island Fish Company, LLC/ to 10 spaces, according.to Pacific Seafood Kodiak KIBC,17.175:040. ..., ,e•k. - . .,. - .. . . . • -!-- i ...-7.."-1 I ,I." J.' ••-• -)... • :--' ^' •• .1. ''. 1.-,- 43- .***.,,Ok ' . - i'• . • 'i...` - `-. ' " 'V- * ' ' y,,,;v. , .■ x.- : , .* ' .. .', ‘...,.'1. .. . . ■• \ -NI" -- ...-,--• , , ed-% , - - , - • 4,..0.' , 2 ,-*'.'-, -,,,,'co.-\ "'". 0 (9 - " • ' . -• '` . • ''' ' ''''.■ . ' 'D..' V - \ •'• ''.,' •V '' C.' ■ , . , 4.:. . , • , .. . ,,. ■ . •••"' . . . • • \ 4. ••• .,,, . ' .0 is A - . , ,.. 1. .. • ,r" • 4 i. f.iir.'. ' , - ' Zi , 18 '0 .''. • .., . • ., ,.V.i), eV e :,,, \ , ...\ _ . : • i, ' .-',ti• : -..-'?" 1...:-.:, ,.- \ : ■-. '_,-Q5. • ;.' • \ ,,.,.; 1:5' ' - -+ • ' NS' ' ' - . . s • . r'' 4,.. _ ,,,,. k. „ k. A ,.. . • „ s-' ' ..4-,: .N. !,., ' .0- t- * t,' „ .. , , ',C. . • , . 0- . • , eW g? ''. .. , .-... . ": - - . . . . . , . , . . ... ., _ ... .- , e . - , ■,..., . - , • , - • . 4 ^ . Kodiak island Borough GIS • Legend f MI*Subject Parcels . TCV • . FOCI 0 170 310 no i 1 •1 1 Notification Area ihs map wee geed Peel the KIXI:ee Weed BIVD005 GIS Syviertl, a Is Tam?:eal for foo poposo of ohootn0 dr 000tf al mutton of 0 moped v %within the Kcebei, Weed &melba. 1,6 .p deve not repnesent a i000y. Mare ofenemeanabout the Mhhrif9 Me cm be eaIr,Ined be tontAcen ate !Wee Istavi Etentett IT Depalmeal al Inn eaG4317: . • — , Public Comment - Page 15 of 27 09/04/2012 09 :50 90748_� BOARD OF ADJUSTMENT TELEPHONE (907) 486 -5752 KODIAK MARINE S I c;' AGE 01/01 Public Hearing ItepiA7 50 OF 130 P &Z - September 1V, 'Iz 412 SHELIKOF AVENUE KODIAK, AK 99616 Debra Davis, Kodiak Marine Supply Property description: 20A 9/4/12 FAX (907) 486 -2862 To: Kodiak Island Borough Planning and Zoning Commission Re: Case 13-006 There is currently not enough parking along Shelikof Ave. to accommodate the work force in the seafood processing industry. When the processors are working, all parking along Shelikof Ave. is used, from the boat harbor to city dock. Eliminating 12 more off- street parking spaces, as requested by Pacific Seafood Kodiak, will only increase this shortage. Please consider this situation when reviewing this variance request. Thank you. Sincerely, Una Public Comment - Page 16 of 27 09/04/2012 13:28 425 - -, c -1778 BOARD OF ADJUSTMENT FEDEX OFFICE 64.'i' AGE 01 Public earing Iter3d 51 OF 130 P &Z - September 19, 2012 KODIAt ISLAND BOROUGH COMMUNITY DI VELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 7 2012 Public Hearing Item 7 -A PUBLIC 1 EARING NOTICE A public hearing will be held on W nesday, September 19, 2012. The meeting will begin at 6:30 p.m. in. the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, be . e the Kodiak Island Borough Planning a d Zoning Commission, to hear comments if • ' , on the following request: CASE: APPLICANT: AGENT: REQUEST.: LOCATION: ZONING: 13 -006 - Island Fish Compioy, LLC/Pacific Seafood Kodiak John Whiddon, G &tera1 Manager AVa>:iance, per ., C_17.1.9.5,_ reducing_ the regttired- of:street.parking f>:t 22 spaces tg 10 es, according to KIBC 17.1.75.040. 317 Shelikof Stre t. 1- Industrial This notice is being sent to you because our the request. if you do not wish to testify ve to the Community Development Departmen to be considered bYxbei commission, If y records indicate you are a property owner /interested party in the area of iially, you may provide your comments in the space below or in a letter Written comments must be received by 5ym, September 4, 20112 would like to fax your comments to us, our fax number is: (907).486- akak.us. if you would like to testify via telephone, please call in your 9396 or you may email them to ssmith0 o. comments during the appropriate public earing section of the meeting. The Local call -in telephone number is 486-3231. One melt prior to the regular meeting, on edncsday, September 12, 2012, a work session will be held at 6:30 p.m. in the Kodiak island Borough Conference R dm ( #121), to review the packet material for the case. Kodiak Island Borough Code provides y+ '' with specific appeal rights if you disagree with the Commission's decision on this request. Tf you have any q ons about the request or your appeal rights, please feel free to call us at 486 -9363. '� ((o lrr, t..t (%,- -b�y,Q.. Nowt • • _,,,a 5 MailingAdaress Your property dcseription: Li . D A.* commis: ERA`'xuSS LI S\ k,0 ,,., _3593V0 m y `\ n IN Public Comment - Page 17 of 27 t � 09/04/2012 13:28 425--1778 BOARD OF ADJUSTMENT September 2, 2012 FEDEX OFFICE '5.it'oL fAGE 02 Public Hearing Ite e 52 OF 130 P&Z - September 9, 2012 II.ELAND JAMES 1615 LIEGE DRIVE HENDERSON, NEVADA 89012 425- 652-8571 Lelandjames71(a7yahoo.com Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Re: Public Hearing Notice September 19, 2012) Subject Case: 13 -006, Island Fish Co. Pacific Seafood Kodiak Respondent Location: Lots 20A and 19A -2, 332/334 Shelikof St. Dear Kodiak Island Borough Planning and Zoning Commission Members: I purchased the NAPA building at 332/ Shelikof St. in 1979. The building was originally built in 1965 after the quake as the APEC auto parts store. APEC was then the largest auto parts company in Alaska and had seven state wide locutions. The owner was experiencing financial difficulties when I purchased the property. Since that time a number of tenants have occupied the building, A Mr. Dave Handel the current owner of Kodiak Auto Parts stepped up and purchased the business after NAPA decided they wished to leave Kodiak eleven years ago. A4 the property owner and in order to facilitate the new tenant I asked Northern Commercial to relocate their liquor store to give Dave more space. The other half of the building was then serving as a fishing supply store. Anyone who has ever done Business in the area knows that parking is a problem. I purchased adjacent vacant land (Lot 19A -2) for additional parking to facilitate my changing tenant needs 12 years ago, giving me parking on both sides of the building, but still not enough for some users, a restaurant for instance, who have to look elsewhere. Public Oomment - Page 18 of 27 09/04/2012. 13:28 425 - -3y2 -1778 BOARD OF ADJUSTMENT t--1 FEDEX OFFICE Public- learin Ite AGE 03 g red 53 OF 130 P&Z - September 19, 2012 Having spoken before in froint of your commission about a very similar issue a number of years agoiand understanding the problems I recommend the following points be considered in your final determination: I. How many employee$ does Island Fish Co. (IFC) have? 2. How many company *chides does IFC have? 3. How many and how Sig are the businesses dumpsters? 4. How much parking area serves other uses, fish totes? 5. Where will the service trucks park for deliveries? 6. Where does the outgcbing trucks park? 7. Haw much parking 4 set aside for visitors, handicapped? 8. Others in the area need more parking. 9. How will your decisions affect other business in the area? 10. Are there alternative0? Like purchase of adjacent Ursin site, or shuttle to other private, or public parking areas. We've all worked together in the neighborhood over the years and sometimes we find some businesses growing beyond their boundaries. The Kodiak Brewery is an rgxample and they have recently moved to a larger facility. As an ownerllandlord for 33 years I've tried to assist small business make it worthwhile to locate in Kodiak, and remember that I brought my entire Ufa savings , in 1979, to Kodiak and invested in its future. While all businesses need toi justify their existence with profit, it should not come at the expense of Other nearby owners and tenants. Thank you for giving the Napa Building owner and tenants an opportunity to voice their concerns. Sincerely, . James Owner/Manager Public Comment - Page 19 of 27 Th BOARD OF ADJUSTMENT Public Hearing IE-1654 OF 130 P &Z - September 19, 2012 KODIK 1[SEAND BOROUG COMMUNITY Y DEVELOPMENT DEPARTMENT 710 Mill Bay Road; Kodiak, Alaska 99615 (907)486 -9363 August 7, 2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195, reducing the required off-street parking from - 22- spaces x.10 spacesi aecoiding to-10B0 17:175.040- - -- 317 She1lkof Street I Industrial Ibis notice is being sent to you because the request. If you do not wish to testiff to the Cominumty Development Department. to .be,considcred_bv the Con mission: our records indicate you are a property ownerJmterestcd party in the area of vcrbaliy, y u may provide your comments in the space below or ina letter \' riltevt comments= xnaist be received by-:{ pm, 'Se !ember 4'_ 2012 Ifyqu would Re to fax yotir•comments would like of the meeting. 12, 2012, to'review the packet appeal rights request or Nailing Address: to us,-our fax number is: (907) 486- to testify via telephone, please call in your The local call-in telephone number Is a work session will be held at 6 :30 p.m. material for the'case. if you disagree with the Commission's your appeal rights, please.feel free to call us P o- / ?ax z--/to `J 9396or you may email them to ssmitih(ci kodiakak.us. Ifyou comments during tbe appropriate public hearing section 486 -3231. One week prior to the regular meeting, on Wednesday, September in the Kodiak Island Borough Conference Room ( #121), Kodiak Island Borough Code provides you with specific decision on this request. If you have any questions about:tht at 486-9363. . Your Name: /� �I a h F ► f d'" L f It Your properly description: /- AOO r q k. 1). Ic. Q y 6l r- Comments: % 4i ..C• L It r, a' ke.. S 4o/pi liyl 1) iii' 34, le 3 S / vi q 4; S' area �0rii or +huh i4 etireo,I1 ■ 5 7 /.--Y U Pa/A( - C/ov.„l ,— hoev.4.0,. rt-ya in eow.41,-(..covil frli SEP :_ 4 :201?' COMMUNin ngFtppMENT'DtPARTMENT- Public Comment - Page 20 of 27 BOARD OF ADJUSTMENT Public Hearing itlanae65 OF 130 P &Z - September 19, 2012 KOD AK ISLAND ,BOROUGH( COMMUNITY c) EVELOPMENT DEPARTMENT 710 Mill:Bay Road, Kodiak, Alaska 99615 August 7, 2012 (907) 486 -9363 Public Hearing Item 7-A PUBLIC 1.I.A.RING NOTICE. A public hearing will be held on. Wednesday, September 19, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if' any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13 -006 Island Fish Company, LLC/Pacific Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC- 17.195, reducing the required off-street parking frpm • 22- spaces .10 spaces; according to -K•IBG 17:1 75.040: - - - . _ - 317 ShelikofStreet IIndustrial "This notice is being sent to. you because our records indicate you are a property owner/ interested parry in the area o the request. If yon do not wish to testify verbally, you`may provide your comments in the space below or in a letter to the Community Development Department, \Vritten comments must .be received by 5. urn: Septemher 4. 2012 to be considered, b': the :comniisslon_.Ifyou would like to fax your comments to us, our fax number is: (907) 486- 9396 or you may email them to ssmith@kodiakak.us. kodiakak.us. 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. One week prior to the regular meeting, on Wednesday; September 12, 2012, a work session will.be held at 6:30 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. //a Mailing Address: f/Q /i'�/ 5 ilia l7/ Yank Name: 1/e/4/ ri✓ (5:-/r / Your property description: & 1t'7 %(3t'�or'.S }if // ' Comments: :. l ... /. . it i : / ' .. ..h / /!'i.�!': /. is • d a - - u t 4... PS' 0 1--- io 4 . (R. _ .. 4 . 414 • , v e s• .. •.....- s ,_ ,... Ne .L.. o-✓ ere L • <r /d G? v7 L-I ,rci h tom^ n? `ti a r E' I I C ilk' .I �-... -:1, ..III • 'cuMMuNITY DEVELOPMENT DEPARTMENT Public Comment - Page 21 of 27 BOARD OF ADJUSTMENT •(' • . ..• . , Public Hearing. Itw656 OF 130 P&Z - September 19, 2012 KO.DIA,Ic ISLAND BOROUGH • ...eokytustivbEVELQPMENT DEPARTIVIENT. • Mill Bay ROW, Ketlialc, Alaska 99615 , ' • • ' • : • • • (9.07),486-9363 • • AliKust 7;2012 •, Public i1eariItem7-A • A public hearing Will be.. heldOn Wednesday; 'September 19,2O2.The:tin will betiii at 6:30-pan: kite Borough Assembly Chambers, 710 Mill Bay Road, Kodiak.*Alasks, before the Kodiak Island Boluugh-Planning and Zoning Commission, to hear comments if any, on the foliowin t est: CASE: * .13-006 . . * ATTLICANT:- JslandFisb npai,y, LIE/Pacific Seafood Kodiak AGENT: John:Whiddini, Generailvlinager EEQUEST: A Variance, per 1CIBC.II7.10Y, reducing the required off-street parking. sPaGee.-1Cpaparsi:taFe00ingo-FABC.11.-175..0402---- • - LOCATION: 17.ShelikofAlpet ZONING! . • *. • • • • ' ... • Ths notice 18 berng sent to you because o'ur xecords indicate you ace a pmpsty ownethnteTe5ted paity m the area of the lequset. Jfyou do nOtwish- to testify *holly; inutility proyide•i,uur comments in the space below or in a letter totheCommnnityDevelopm'ntPepth1cnt. A • ...J. ..ui - ts m 2, .1.• ... ..• y• , 1 . .1. ,... i v ,1.1.1.., 4 2012 to be considered by the conum'ssion.. If you.wouldlike to fax rut commentktons;•our fax number is: (907) 4867 9396 or you inay email them to ssmith@lioinliatak.m. If you would like to teitt13P 11444;teplume, Please eon in YeOr comments during the appropriate public heaintg section.otthe 'Meeting. 'Theleent call-iu telephone number is — • • :t ',... , . • . '.. 486.3231. .. • , . • One week prior to the regular meeting, oil Wednesday 12, 2012, a work session will beheld at 630 p.m. in the 1Codialc Island Borough Confeteuee*Can:0121), to tevieWthePacket iiititial for the case. ' ... '• ' Kodiak Island Borough Code providesS,‘"witii* specific appeal .rigby$ if you triSigiVe with rite Coternipion's decision on this request. If you haye•any'queitions about the requester Your .appeal rights please feel free to call us at 486.-9363. Your Nsam_< A 41mAz A/ ...: Mailing /3./1/ 44 Your property descriptloone,„_,..,,,_ toinnentst 4P_1.1__gi,21_.:.' .Z&LSe*_ALe • 6,X 44-e,e.-- 4,- .giG,C;fr--4, '5" r441,,,/ CAP AtIff 6 — • ,t1 e.ir 7.2-eFifr: i/Avi.1-5-771e-7-7:,?H07.77;4_27.4)0 . .s.f.0.,, ...-..- ..., - 4.....,, . '27. 1 A —.. i • "ae. 41 - -, J.'s) A, .-- ' eot4,61.40_,- XAeleell,,e,g' 1,4-21CMC- 41-25; aiir.2"—~ '1f/12,' 7h-- of-ith4„4_ : - iY, "1.,41/24fi 1;rjr..r *;4-..,7:41,Z..;.:,•Aelly 7-,,s--ApinAieg•-..5.• 4o•-. • , ... . .: • ..' A., A r —: i ,c' &" ,i A! i 1 _ • z 4 .• it • 2-, ..;;:. . ' • • • . - • •• • • - gmhe• 0 4: ...... • • . . . ••• ..... _.. .. . • .,...i/.../..002K-4,,--;: . . 0 e - age 0 BOARD OF ADJUSTMENT • Public Hearing .14"41-/%7= um.'84 OF 130 P&Z - September 19, 2012 KODIIAK ES/Lit,ND BOROUGH COMMUNITY EITILOPMENT DEPARTMENT 710 Mill Bay Road; Kodiak, Alaska 99615 (907)486-9363 August 7, 2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on-Wednesday, September 19,2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request CASE: APPLICANT: AGENT: REQUEST: -- - LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacific Seafood Kodiak John Wbiddon, General Manager A Variance, per KIBC 17.195,,reducing the required off-street parking •- 22. spacesai0 spacesi, according to/CMG 17:4 75.040: - 317 Shelfirof Street I-Industrial This notice is,being sent to you because cur records indicateyou are a property ovinerfmterested party in the area o the request. If you, do notwish to testify verbally, you-nray provide your comments in the apace below or in a letter to the Community Developnient Department. WHIN), curimoevit§rousi be rieeived bV 5 fari,Seoleml)er 4., 2011 co. be con5idered,bv the. commifision.ifyou would Lite to fax your comments to as, our fax ',Wilber is (907) 486- 9396 or you may email them tassmith(iii,ko'diakak.us. If yan would like to testify* telephone, please call in your comments during the appropriate public hearing section of the Meeting. The local call-in telephone number is 486-$231. One week prior to the regular meeting„ on Wednesday, September 12,2012. a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#12I), 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 Nam: ANVY F/V•ri 11%1 Mailing Address: lar 6 (NEL)A05.-- sT Your property description: 4T7 ,rxf.r.7"Frn_f comments: 2.--.4 64.g IQ 1.-kx A14011 7 ,o 4 rbl AW.1 0,1) .ri- I, F z-) ikor-' .rY I/) T» AgiSkiw , fAI)J- 4/01-4,0* - ,6',21,2.y 4ve•-•-.76--• 7):-') IV- ,-)ea.) OTT • 70-• --- • --7 ..... ._. ... . ... . . . . 3E 20i2: cuIVIMUNITYDEVEOPMW DEPARTMEllt • . . Public Comment - Page 23 of 27 BOARD OF ADJUST!Na r,Pun 5-O blic Hearing •i 8 OF 130 bP - September 19, 2012 ta'r-fium/-7c- or- An KODIAK WAND B* ()UGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak Alaska 99615 (907)486-9363 7,2012 Public Hearing Item 7-A PUBLIC HEARING NOTICE' A public hearing will be held on Wednesday, September 19, 2012. The meeting will begin at 6:30.p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning COMMiSSiOIM, to hear comments if any, on the following request: - CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 37))06 104d. Fish Company, LLC/Pacific Seafood Kodiak General Manager A'Viriatieq,,per KIBC 17.195, reducing the required off-street parking from 22- 'spaces a-10 spaces; according to-MC.17;175.040z-- - •-• - 317 .Shehlaif Street 1-Industrial This notice is being scut toyoutecause our records,indicate you a property owner/interested party in the area of the request Ifrn do Unpyishin testify verbally, you may provide your comments in the space below or in a letter to the c-Oniimmit0)010040.epartmtmt Written continents. Inuit he received by 5 pm September .1 . 2012 to be sposidere‹; .1-7 :;.-...:.'.■'''.:F0117Z.19-5SiOn. If you would like to fax your comments to us, our fax number is (907) 486- like to testify via telephone, please call in your meeting. The load Call4n telephone number is 12, 2012, a woric session-will be held at 6:30 p.m. the packet material for the case. rights if ou .disagree. with the Commission's or your appeal rights, please fee; free to call us 3l� MA i A'S dl.o. 10 V; 1' a ,.6-4. 'TIC KAI Ps lc 9396 or you may email thilit[tO sSmitheliodiakak,us. Ifyon would comments during the. appropriate public hearing section of the 486-3231. One week prior to the regular meeting, on ;September in tholCodiak Island Borough Conference Itoom (0120, tit review IcOdiak Island .Borough Code provides you witk,specifte appeal di:Osiion . on this requeSt. If you have any'questions about the request g40:9303. ...., ,._;,... \ Vit•iitue: 0 ell- RSV% 5/ . IllaWng Address: ,. . — .. . Your property deseripffon: e Comments: .WE ,st-%' ., .i-tA\r A M, t \') to. kAC. cD QR. " Ser Vc( P ' 6:' k)' .. 0.e.- +.01 ,,,,i\c,re -t0 „Ir fk .:-.... . ----<Gts- Agrg: • -- rfArk11111-tait) -.. .. .... 'V crth a •PrFIVF I - . . . - UOMMUNIffoPp110t1'1MENT ...... . .. • - . Prubfic Commen - Page. 24 of 27 .1 BOARD OF ADJUSTMENT tAs Public Hearing ItPWCIEN59 OF 130 P&Z - September 19, 2012 icopirAK WAND OR*11031 commuNrnr blEVELCIPMENT DEPARTMENT 710 Mal Bay Road, Kodiak, Alaska 99615 (90,7) 486-9363 August 7, 2012 % Public Hearing Item 7-A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 19,2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough' Planning and Zoning Commission, to hear comments if any, on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONING: 13-006 Island Fish Company, LLC/Pacifie Seafood Kodiak John Whiddon, General Manager A Variance, per KIBC 17.195; reducing the required off-street parking .111 22- spaces spacesoceeidingto-10BC.171-175.040:- - - - • — -- 317 ShehlMf Street I-Industrial This notice is being•sent to you because crur records indicate you arc a propertyowner/interested party in the area. of the request. If you do notwish-to' testify vuthally, yotimayprovide your comments in the spar.ebelow or in a letter to the Commuoity Development Department. Written cotronents.must.be receivOi by 5.prn. September 4, 21112 - beeorisidered by nil! commission. Ifyou Would like to, fax your comment to us, our fax number is: (907) 486- 9396 or youlnay email them to ssmith@kodialcak.us. Kra would like to testify via telephone, please.call In your comments during the appropriate•public. hearing section of the nteetbg. The hical Call-in telephone number is 486-3231. One week prior to the regular meeting. on Wednesday. September 12, 2012, a work session will be held.at 6:30p in the-Kodiak Island Borough Conference Room (#121), to reviewtbe packet materiarfor the case. Kodiak Island Borough Code provides. yeti' with specific appeal rights if you disagree with the Commission's decision on. this requeit. If ycm have 'any questions alma the request or y.our appealrights, please feel free to. call us at-486-9363. Your Name: did Cf ZS4.4/,61-e4 Mailing Address: 4/0 „5:44-4.41,1<' s--j—, Your properly descrIplla : -", Commn1 - '"";74--- 5-4/65-4/..e. Dr: 'Vitt' _ Aei-a.2e79-. - i • .9-Pita- i /eA;C.4./ ....• _. • - .. - S. ..,.. ■• -.Zap A , • i.- : ., 423- II: . • ,...,, SEV6 ' • j /erFPX1. 7727•91,A2>4..5 7-4/e22.er- P.44-1-,..„ "51-,ze,se MO / . tr 0 77/eig• e4) If 4'S 72 ). /'44k 414,---4.,1/ sr.e4,- 19.67-ii-.6 tr /4, 40 7:42?-ii '7 WLs- . 5;a.01.6s- #41-4-1-4/.1 ie2 a tizorm A - e./.., 6 ' 2oC,4 ( , £1) - . . '•SF..- - 4, 1 . _ . • . . COMMUNITY OFVFI 0PtieNt nFPARTMFNT Public Comment - Page 25 of 27 7-5 BOARD OF ADJUSTMENT Public Hearing Ie-muRC or-4T OF 130 P&Z - September 19, 2012 Comments Recieved after Deadline Public Comment - Page 26 of 27 BOA Olkipi .laTvNT Canon MK Enterprises, LLC Public Hearing 1 P &Z - Septembe P.O. Box 2338 Kodiak, AL 99615 Fax 907-486-5553 Phone 907 -486 -5538 Sept. 3, 2012 To; Community Development D Case : 13 -006 As a property owner with in the Public Hearing Notice area we are in favor of granting the variance request for several reasons; the issue of parking -on Shelikof St. is less of an issue then 5 -10 years ago. We had grandfathered most: canneries and businesses on the off street parking issue in the 80's, the only thing added to increase parking has been the addition of water front parking on the north side of the harbor ramp. As for canneries their employees either car pool, walk, ride bikes or take cabs and I feel they have minimized the impact on parking almost single handedly when you take into account there's probably 4 -600 active cannery workers at any given day along Shelikof We have businesses which have no off street parking available to them as Their building foot print takes up their entire lot, but there grandfathered•and a possible parking problem becomes the burden of the few property owners which have room for economic expansion which increases our tax base. 1 feel we should be allowing the majority of parking to be considered on street for all the businesses along Shelikof St. and if you really look at it, it already is and if it is a problem it is taking care of itself. Again lets work with the remaining property owners which have the ability for expansion because they are in the minority and it is in the best interest of all. Sincerely, K .vin Arndt MK Enterprises, LLC 'G UP- - 5 200 COMMUNITY DEVELOPMENT DEPARTMENT Public Comment Page 27 of 27 F 130 (Th BOARD OF ADJUSTMENT Public Hearing ligm-7.0 2 OF 130 P&Z - September 12 MEMORANDUM DATE: September 8, 2012 TO: Planning and Zoning Commission . FROM: Duane Dvorak, Acting Director, Community Development Department SUBJECT: Information for the September 19, 2012 Regular Meeting CASE: 13-006 APPLICANT: Island Fish Co., LLC / Pacific Seafood Kodiak AGENT: John Whiddon, General Manager REQUEST: A Variance, per KIBC 17.195, reducing the required off-street parking from 22 spaces to 10 spaces according to KIBC 17.175.040. LOCATION: City Tideland Tracts N29-B and N26-B; 317 Shelikof Street ZONING: 1- Industrial Forty-two (42) public hearing notices were distributed on August 12, 2012. Date of site visit: September 8, 2012 1. Zoning History: City Tideland Tract 26-B and Tract 29-B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. 2. Location: Physical: Legal: 3. Lot Size: 317 Shelikof Street City Tideland Tract 26-B and 29-B Both City Tideland Tracts — 1.4 acres total 4. Existing Land Use: Seafood Processing plant (including incidental retail) 5. Surrounding Land Use and Zoning: North: Lots 17, 18 and 20A, Block 3, New Kodiak Subdivision Use: Business Zoning: B- Business Staff Report -Pagel of 11 BOARD OF ADJUSTMENT Public Hearing Itr-3 OF 130 P &Z - September 19, 2012 South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Uplands Zoning: PL- Public Use Land (uplands only) West: Tr. N -29A Use: Processing Plant/ Dock/Warehouse (currently vacant) Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area for Industrial (south side of Shelikof St.) 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: 17.175.040 OFF - STREET PARKING - NUMBER OF SPACES REQUIRED. Industrial or Manufacturing Establishments -1 per 700 square feet of gross floor area Chapter 17.195 VARIANCES 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 department 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. Staff Report - Page 2 of 11 BOARD OF ADJUSTMENT Public Hearing it:°1—mici°14.--%4 OF 130 P&Z - September 19, 2012 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 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 theaornmission. 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 alt the following, the variance shall be granted:- I. That there are exceptional physicif 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 , diffic_ulties 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 speciel conditions or'financial hardship or inconvenience from which relief is being sought by a variance, and _ That granting the variance will not permit a prohibited land use in the iliriCf B. Denial If the corn' mission finds, after consideration of the investigator's report and receipt of testimony at the public:hearing, that it cannot makeell of the _required findingii in subsection A of this,sectian it shalldenythe 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. Staff Report - Page 3 of BOARD OF ADJUSTMENT ' Public Hearing ltmge465 OF 130. P&Z - September 19, 2012 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 1.0 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS INTRODUCTION This case has been submitted as the result of a protracted code enforcement proceeding against the subject property. The use of the property has evolved over the years from seasonal custom seafood processing and retail operation to an industrial scale seafood processing plant. As a result of these changes over time, the activity level and storage needs on the site have pushed a great deal of the previously available off-street parking located on the site to on-street parking. In particular, the increase of shift worker parking by those employed on the subject property has contributed to the difficulty of other workers and patrons of the area to find adequate on-street parking in the area. In addition, it has been reported that the reconfiguration of the site with vans in a "loading berth" configuration oriented towards Shelikof Street has further reduced available on-street parking by at least a couple of parking spaces, although staff believes that this loss of public parking falls outside the scope of the variance request and is a matter under the jurisdiction of the City of Kodiak. In fact, the regulation and management of all on-street parking in the City of Kodiak is not regulated by the parking provisions of KIBC Title 17 zoning and does not in any way contribute towards compliance with applicable off-street parking standards. The petitioner has requested to reduce the number of required off-street parking spaces on the site from 22 down to 10. While no site plan/parking plan was submitted with the application, staff observes from the narrative submitted that the 10 spaces resulting from the variance as requested would be equally divided between the existing five (5) loading spaces (typically occupied by shipping containers) and five (5) standard off- street parking spaces (at 9 by 18 feet in size) located at the front of the property. In order to visualize what this might look like, staff has included a copy of Zoning Compliance Permit (ZCP) CZ2012-79 in that appendix to this case packet. Staff Report - Page 4 of 11 BOARD OF ADJUSTMENT Public Hearing OF 130 P&Z - September 19, 2012 Staff has made a several observations from the site plan accepted as part of ZCP CZ2012 -79. First, the site plan only appears to address the number of off - street parking spaces based on a floor area calculation of 14,180 square feet. This worked out to 20.26 off- street parking spaces at one (1) off - street parking space per every 700 square feet.. This was rounded up to 21 off- street parking spaces on the permit, however the parking plan shows 22 spaces. It appears then that the variance application was in some sense taken from the parking plan but for the purposes of the variance review staff will consider that the calculated number of REQUIRED off - street parking spaces is 21. Second, the site plan /parking plan submitted for ZCP CZ2012 -79 shows a single driveway cut for access to the site of indeterminate width, but presumably adequate for two way traffic at a minimum width of 24 feet. KIBC 17.175.080.F.1 establishes a maximum driveway width of 32 feet. At the time of conducting the site visit staff observed that the actual driveway width is actually much wider than indicated on the site plan /parking plan. This is due to the modification of the curb and cutter area in front of the van loading spaces designated on the plan. This was apparently permitted by the City of Kodiak public works without any revision to the approved parking plan as shown in ZCP CZ2012 -79. This appears to be another code compliance issue for which a variance may be required in order to achieve relief from parking code compliance. Third, staff notes that the Handicapped - Accessible Parking standards under KIBC 17.175.080.I.1.a would appear to indicate that no (0) accessible spaces are required for parking areas requiring between 1 and 25 off - street parking spaces. As indicated by a note however is a reminder that this provision deviates from the Americans with Disabilities Act (ADA) which requires at least one van accessible off - street parking spaces for all businesses that are required to provide off- street parking generally. Parking Calculations for other Industrial Uses along the Waterfront The petitioner has indicated in the application submittal that other seafood processing plants have benefitted from parking variances over the years. Staff does not typically focus on other properties or uses when considering a variance request. Variances are not intended to be a comparative analysis between one property and another, or many. Staff considers that the "exceptional physical circumstances or conditions applicable to the property or its intended use or development that do not apply generally to other properties in the same land use district ", as limiting the scope of review to the activities and uses existing or proposed on the subject property only. Staff similarly does not consider other variances approved by the commission, whether they were limited by conditions approval or not, to establish a precedent that must be observed in other similar cases. Staff considers that each case is taken on its own merits, turns on its own facts and circumstances, and in many cases may be based on different code standards applied over the years. Prior to 1991, industrial parking requirements were based upon the following standard: Prior KIBC 17.57.020.A.1.j... "Industrial or manufacturing establishment: one parking space for each three employees during the maximum employee shift and one space for each company vehicle." Staff Report - Page 5 of 11 BOARD OF ADJUSTMENT Public Hearing IteAdEP67 OF 130 P&Z - September 19, 2012 After 1991, there were a number of parking calculations for seafood processing plants that were based on an interpretation of the code that broke down the entire operation into it constituent components such as Office, Retail, Processing (Industrial) and Warehouse. This involved a complicated calculation based on floor area diagrams in addition to the requisite parking plan. In addition, these floor plans were quite often subject to change over time as the processing plants evolved to match the needs of the industry. After about 2001, staff began employing the Industrial parking calculation of 1 off-street parking space per every 700 square feet of industrial floor area on the basis that it provided a simple calculation that takes into account the variations of floor area allocations that are typically associated with seafood processing plants. If a plant has leased floor area to another entity or for another use that would a different matter, but the reality is that all industrial uses have a certain amount of office space, warehouse and in some cases incidental retail, in addition to the actual floor space devoted to seafood processing. Prior Variance Case 11-011 The legal concept of "res judicata" indicates that a matter once decided cannot be requested a second time. In accepting the application for this parking variance staff was cognizant of res judicata, however staff felt that the circumstances of this request were sufficiently differentiated from the request in Case 11-011 as to constitute a new (different) request. Case 11-011 was advertised as a variance to reduce required off-. street parking from 17 to 10 spaces and to allow two additional parking spaces to be located on another lot with 600 feet. It was during the review of Case 11-011 that staff became aware of an additional 5,000 square feet of floor area on a second level of the processing plant that had not been accounted for in prior zoning compliance permits. In addition, the parking plan review did not provide any credit for off-street parking represented by the loading spaces, which was an interpretation of the code that has been applied in other seafood processing and commercial parking calculations. Subsequent review of the parking plan by staff during the prior case resulted in a negative recommendation based on a staff analysis that demonstrated a compliant parking plan that was substantially different from the parking plan that was originally tendered by the applicant and upon which relief was requested at that time. The parking plan approved by ZCP CZ2012-79 is based upon this updated information that was revealed during Variance Case 11-011 and as a result the variance is not just about the numbers of parking spaces but also about the layout and configuration of those spaces as indicated on the most recent zoning compliance permit. Staff has provided a copy of the definition of res judicata from Black's Law Dictionary in the appendix of this report for commission review. The commission or other entities on appeal can decide for themselves whether the current zoning variance request should be barred by res judicata. Based on the definition, it is not clear to staff whether the commissions quasi-judicial decision in Case 11-011 constitutes a "judgment rendered Staff Report - Page 6 of 11 BOARD OF ADJUSTMENT Public Hearing ligKi-Z08 OF 130 P&Z - September 1 , 12 by a court of competent jurisdiction" or whether staff is sufficiently qualified or authorized by code to make this decision on behalf of the commission to bar a case on the basis of res judicata, or other concepts of law that are not referenced in borough code. Staff therefore is presenting this case as a new (different) case and is providing an analysis based on the standards for variance as provided in KIBC 17.175. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little in the last 20 years or more. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: 1. There exist 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. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 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. 4. 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 from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. - - The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot(s) in question. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off-street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking Staff Report - Page 7 of 11 BOARD OF ADJUSTMENT Public Hearing OF 130 P&Z - September 19, 2012 is hard not to consider as an action of the applicant from which relief is being sought by variance. Existing off-street parking that is displaced from a site will reduce the pool of available on-street parking and the Shelikof Street area is known for its limited availability of parking, both on-street and off-street. In the I-Industrial zoning district, where there are no setbacks for waterfront industry and where the maximum building height is unlimited, parking is the only limitation on development. The commission should consider carefully whether the grant of a variance is the only solution to provide relief for a disadvantaged site or whether there are other conforming alternatives that due to cost or other consideration are being disregarded in favor of proposed variance. RECOMMENDATION Staff does not find that all six (6) standards for variance to reduce the parking on City Tideland Tracts N26B and N29B are met by this request and recommends that the commission deny the requested variance to reduce the parking requirement from 21 off- street parking spaces to 10 off-street parking spaces, five (5) of which would be loading berths. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motions Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied and the following - motion approved: Move to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. 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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot Staff Report - Page 8 of 11 BOARD OF ADJUSTMENT Public Hearing 119AdE470 OF 130 P&Z - September 1-9, 2012 area of 20,000 square feet and lot width of 75 feet that is required for the 1- Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does not rise to the level of an exceptional physical circumstance or condition that would justify the granting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site Staff Report - Page 9 of 11 BOARD OF ADJUSTMENT Public Hearing Itr-rt.k.i6Y1'.71"A'm 71 OF 130 P&Z - September 19, 2012 It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they*also were just getting started with development under the current community parking standards. 17.66.050 A.3. The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. •In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case-by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right-of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. Staff Report - Page 10 of 11 BOARD OF ADJUSTMENT Public Hearing I WEAT2 OF 130 P&Z September 19, 2012 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 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 caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit CZ2012-79 and prior Variance Case 11-011 it was demonstrated that there is adequate room for off-street parking •to be provided on site if some of the storage on-site could be moved to an alternate location off-site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Staff Report - Page 11 of 11 RES TMFNJ Res judicata /riyz juwdakeyda /. A matter adjudged; a thing judicially acted upon or decided; a thing or matter settled by judgment. Rule that a final Judg- ment rendered by a court of competent jurisdiction on the merits is conclusive as to the rights of the parties and their privies, and, as to them, constitutes an Absolute bar to a subsequent action involving the same claim, demand or cause of action. Matchett v. Rose, 36 I11.App.3d 638, 344 N.E.2d'770, 779. And to be applicable, requires identity in thing sued for as well as identity of cause of action, of persons and parties to action, and of quality in persons for or against whom claim is made. The sum and sub- stance of the whole rule is that a matter once judicial= ly decided is finally decided. Massie v. Paul, 263 Ky. 183, 92 S.W.2d 11, 14. See also Res adjudicata, supra; and, Collateral estoppel doctrine; Final decision rule; Issue preclusion. Estoppel and res judicata distinguished, see Estop- pel. Res litigiosa' /riyz 1atijiyowsay /. In Roman law, things which are in litigation; property or rights which constitute the subject- matter of a pending ac- tion. Res mancipi /rfyz main(t)sapay /. See Manclpi res. Res mobiles /riyz mdwbaliyz /. In the civil law, mov- able things; things which may be transported from one place to another,, without injury to their sub- stance and form. Things corresponding with the chattels personal of the common law. Res nova /riyz ndwva /. A new matter; a new case; a question not before decided. Res nullius /riyz nafayas /. The property of nobody. A thing which has no owner, either because a former owner has finally abandoned it, or because it has never been appropriated by any person, or because (in the Roman law) it is not susceptible of private ownership. Res periit domino /riyz pehriyat domanow /. A phrase used to express that, when a thing is lost or destroyed, it is lost to the person who was the owner of it at the time. Res private /riyz praveydiy /. In the civil law, things the property of one or more individuals. Res publics /riyz p5blasiy /. Things belonging to the public; public property; such as the sea, navigable rivers, highways, etc. Res quotidiana; /riyz kwowtidiyeyniy /. Every -day matters; familiar points or questions. Res religiose: /rfyz ralijiydwsiy /. Things pertaining to religion. In Roman law, especially, burial- places, which were regarded as sacred, and could not be the subjects of commerce. Res universitatis /riyz yuwnavirsateydas /. In the civ- il law, things belonging, to a community (as, to a municipality), the use and enjoyment of which, ac- cording to their proper purpose, is free to every member of the community, but which cannot be•ap- propriated to the exclusive use of any individual; such as the public buildings, streets, etc. Res accendent lumina rebus /riyz aksendant I(y)uwmana riybas /. One thing throws Tight upon others. PAGE 73 OF -43 Public Hearing Item 7 -A P &Z - September 19., 2012 1174 Res aceessoria sequitur rem principal= /riyz iiek- sasor(i)ya sekwadar prin(t)sapeylam /. The accessory follows the principal. Resale. Exists where a person who has sold goods or other property to a purchaser sells them again to someone else. Sometimes a vendor reserves the right of reselling if the purchaser commits default in payment of the purchase money, and in some cases (e.g., on a sale of perishable articles) the vendor may do so without having reserved the right. U.C.G. § 2 -706 provides the conditions under which a seller has a right of resale on breach by the buyer of the sales contract. Term may also refer to act of retailer who purchas- es goods from manufacturer or wholesaler for pur- pose of selling -such goods in normal course of busi- ness. See also Retail; Retailer. Resale price maintenance. An agreement between a manufacturer and retailer that the latter should not resell below a specified minimum price. Until 1976, federal statutes exempted such state - permitted agree- ments from antitrust actions. Resceit /rasfyt /. In old English practice, an admission or receiving a third person to plead his right in a cause formerly commenced between two others; as in an action by tenant for life or years, he in the reversion• might come in and pray to be received to defend the land, and to plead with the demandant. Resceit of homage /rasfyd av (h)dmaj /. In old English law, the lord's receiving homage of his tenant at his admission to the land. Rescind. To abrogate, annul, avoid, or cancel a con- tract; particularly, nullifying a contract by the act of a party. To declare a contract void in its inception and to put an end to it as though it never were. Russell v. Stephens, 191 Wash. 3]4, 71 P.2d 30, 31. Not merely to terminate it and release parties from further obligations to each other but to abrogate it from the beginning and restore parties to relative positions which they would have occupied had no contract ever been made. Sylvania Industrial Corpo- ration v. Lilienfeid's Estate, C.C.A.Va., 132 F,2d 887, 892. See also Rescission of contract. Rescissio lrasish(iy)ow /. Lat. In the civil law, an annulling; avoiding, or making void; abrogation; re- scission. Rescission of contract. A "rescission" amounts to the unmaking of a contract, or an undoing of it.from the beginning, and not merely a termination, and it may be effected by mutual agreement of parties, or by one of the parties declaring rescission of contract without consent of other if a legally sufficient ground therefor exists, or by applying to courts for q decree of rescis- sion. Abdallah, Inc. v, Martin, 242 Minn. 416, 65 N.W.2d 641, 644. Annulling, abrogation or unmaking of contract and the placing of the parties to it in status quo, Sessions v, Meadows, 13 Cal.App.2d 748, 57 P.2d 548, 549. It necessarily involves a repudia- tion of the contract and a refusal of the moving party to be further bound by it See also Renunciation; Repudiation. An action of an equitable nature in which a party seeks to be relieved of his obligations under a con- Appendix - Page 1 of 3 I Submit by Email ,1 BOARD OF ADJUSTMENT Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodlakak.us Zoning Compliance Permit Public Hearing Iig P&Z - September Print Form OF 130 19 89 6 Permit No. CZ2012 -79 1 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Use & Size of Existing Structures The following information is to be supplied by the Applicant Island Fish Co. LLC 317 Shelikof 486 -8575 Subdv: ATS 317 Shelikof Block: 26B Lot: 29B Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot and existing easements, existing-buildings, proposed location of new construction, access - polnts, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17;105 1 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Front Yard: Not Applicable Rear Yard; Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? PROP_ID 14846 BId'g Height: Not Applicable Side Yard: Not Applicable N/A RYES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to KW Appendix Page 2 of 3 N/A BOARD OF ADJUSTMENT 514ELLKOF . „,•;;;;;f.4„'ip‘ • cv we.10.; ego, .3 sr PAUL ibakeoe Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 z1.5.0-5 Parking Spaces Required = 21 (20.26 rounded up) • A4: 44: Appendix - Page 3 of 3 Public Hearing •Itr-r-wIrrfr7c -^A75 OF 130 P&Z - September 19, 2012 BOARD OF ADJUSTMENT Var fan Ce re Public HBAPErde Pft r Regaes v i; A ariance to pi W t .e.t•eduction of parking from 17 to 10 Current Location off street parking spaces; and, review of an alternative parking P4 Z Case #311 -011 arrangementrfo� relocating two" (2) off street parking spaces: from P &W lnuestnients L.l:C Tracts N2613 at N29B,4City Tidelands to Lot 18, Block 3, Nest, : KbdiakJownsite.Sub, Kodiak Island Borough GIS System 125 250 This map was prepared from the Kodiak Island Borough's GIS System. it Is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. ThIs map does not represent a survey. More Information about the mapping data can be obtained by contao ng the Kodiak Island Bnough IT Department at (907) 486 -9333. Case No. 11 -011 Introduction Page 1 of 4 BOARD OF ADJUSTMENT Public HeeiNCrigls7r7B OF 130 Case No. 11-011 Introduction Page 2 of 4 BOARD OF ADJUSTMENT Public HP4 IErT7&6DF 130 Case No 11 -011 Introduction Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department w, I Current Zoning Request: Variance to allow a reduction in the number of L & Z Case # 11 -011 required off-street parking spaces from 17 to 10; and. W Investments LLC Review of an alternate parking arrangement that would allow up to two parking spaces to be relocated from Tracts N26 -B and N29 -B to Lot 18, Block 3, New Kodiak Townsite Sub. , Nw-.0 '6 � p 87 5 175 350 t r i r 1 1 r J 'A ty'. �P r Feel OQ_ 0b 1B C.t CO - 20 3 50-P ^2 3 4Ao bc0 .02 P\t K d / r 336 • SOP �IW ` u Dc�2 GG '1,(i- P ✓2J c1 bt `-n 3a. t\h 0 A . • A 322 32 ♦� 152 '\ 32B �0 2 330 33A 3 CO }) 2 Zoning Legend Business Light Industrial Single Family Residential Er Retail Business Rural Residential 2 Conservation 11 Natural Use Two Family Residential 11 Rural Residential M Split Lot Zone Industrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the genera °ratan of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 4869333. Case No 11 -011 Introduction Page 3 of 4 BOARD OF ADJUSTMENT Public HER,',tE„ 77BOF 130 Case No. 11 -011 Introduction Page 4 of 4 BOARD OF ADJUSTMENT v . -STREET • - - ; iDi.ItgAPEAREOF 1O. . • .. • . . • • .. • , • _ " . • . . • , , • . • . • • • • • . • . • • • . ". • . • • • , • • • , , I • • . • ._ • • • rrrAArs,444•AfeA• • • • • • " c.arepttr,?- CLJ 1 , Va n-c0 L.Q4S:O. '111, 0 11: _130V,i6d ST PAUL blAR-130P 4.atsbN3. *\l'1/4011 ApRlication Page 1 of 10 , f Y■&/fllf♦ f1lr+'lf lv v•r avv was ..w ..r. .r...... -... .. _ _ BOARD OF ApoluiViNkoom 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 48L R r 1 BOF 130 www.kib.co.kodiak.ak.us Property owne P4 Applicant Information name 1A' Lies i21 4v ?S/ LGt :— Property owner's mailing address 3/ SiffL /% 517 City State Zip O rk cr 196/5 Home phone Work Phone E -mail Addr. 11 Kee 5)5 J4y11j JIA Agent's name (If applicable) cSe4 Agent's mailing address City Home phone State Zip Work Phone E -mail Addr. Property Information Mfg t( (, (Nzq -i) (z) roperty ID Number /s Tiro. 45 AJ z , — 6 /024?-5 Ce. b { dr. Legal Description Current Zoning: 4-1 OHT Applicable Comprehensive Plan :. /CI 8 671 / Zovb Year of Plan adoption: ZO oe Present Use of Property: . s/4 1) Proposed Use of Property: -C n /1 .: w6' (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 myknowledge and that His 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 r-' s -butt Survey Photographs 4.---Itiaps Other &,) /0/2.,/, Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which Is shown the exlsting.and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an Informed decision can be made by the approving authority. (Source: The New illustrated Book of Development Definitions, ©1993 by Rutgetlgiversity) STAFF USE ONLY Code Section(s) Involved: Kii$C 17.l LLD ;to 53" PA Variance (KIBC 17.66.020) $250.0K Q .� .26 2010 Conditional Use Permit (KIBC 17.67.020:8) $250. �a� island Borough Other (appearance requests; site plan review, etc.) �O• Zoning change from to (KIBC 1 phap tent Application received b Staff signature 46 Case No. 11-011 Application Page 2 of 10 PAYMENT VERIFICATION *Zoning Change, Fee Schedule: (per KIB Assembly Resolution Eft. July 1, 2005) Less than 1.75 acres $350.00 1.76•to 5.00 acres $750.00 5.01 to 40.00 acres $1.000.00 40.01 acres or more $I,500.00 ((-0(1 r .r,r BOARD OF ADJUSTMENT Public Haltrn October 26, 2010 To: Bud Cassidy, Director, Kodiak Island Borough, Department of Community Development From: John Whiddon, General Manager, Pacific Seafood Kodiak Subj: Request for parking variance Ref (a). CZ 2007 -62 Parking plan for P &W Property, 317 Shelikof Street, Kodiak, AK (b). Kodiak Island Borough Code 17.195.050 (c). KIB GIS map of Tracts N29 -B and N26 -B City Tidelands (d). 2008 Kodiak Island Borough Comprehensive Plan (e). KIB GIS map of Lot 18, Block 3, New Kodiak Subdivision, 330 Shelikof Street (f). Proposed revised parking plan under current configuration (g). Proposed revised parking plan under revised configuration 2BOF 130 The parking plan developed in March 2007 for the P &W Property (Island Seafoods/Pacific Seafood), reference (a) specifies the requirement for 17 parking spaces per Borough code. No additional buildings have been built on the property since 2007, however the property has become congested due to the growth of the business and in order to continue operating safely and efficiently, the number of vehicles and parking spaces remaining on -site should be reduced. I would like to request a variance per reference (b) to our current parking plan to the following: a. Variance to reduce required parking from 17 to 12 spaces (see references f & g) b. Variance or finding to allow the. use of the company owned property at 330 Shelikof for two of the 12 spaces (per KIBC 174.175.050) (reference e). Per Reference (a), the following comments apply: 1. "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. " The property under consideration (reference c) combines two City Tideland Tracts, N26 -B and N29 -B, both owned by P &W Investments, LLC. Island Seafoods leases the property and operates a 12 month per year seafood processing operation on both tracts. Additionally, the business includes a retail component that primarily operates during the months of May — September. The growth of operations and expansion to a 12 month per year operation has reduced the available parking on site to 15 parking spaces. Even at this level, the pace and scale of operations creates congestion and contributes to an unsafe working environment. Reducing the number of vehicles to 10 on -site with two additional across the street (total of 12 spaces or a net reduction of five spaces) would improve the safety and operational efficiency of the business. The adjacent property at 330 Shelikof (see reference e) is company owned and is currently used as a:maintenance shop. Would request a review of required parking spaces for the property to 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -011 Application Page 3 of 10 BOARD OF ADJUSTMENT Public Hear determine if two additional parking spaces can be allocated to the total required for the 317 Shelikof Street property, per KIBC 174.175.050. OF 130 Most seafood processors on Shelikof Street benefit from being "grandfathered -in" and as such, are not required to meet the same off - street parking standards. Additionally, several of the retail business also lack off-street parking which places an additional burden on available street parking. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship": Reference (a) above defines 17 parking spaces which for practical purposes, no longer permanently exist. The growth of the business has necessitated the movement of large freezer vans, waste dump trucks and the movement of forklifts to the extent that parked vehicles must continually be moved to accommodate the functions of the business A reduction by five of the required spaces on the property would eliminate the need to regularly move vehicles and would further eliminate the congestion that currently exists. Without a reduction in the required number of spaces, the business would need to reduce the volume of fish processed which would result in reduced fish landings and the elimination of permanent full time processing workers. Island Seafoods and its parent company, Pacific Seafood Group, has developed new markets for a variety of species, and provided opportunities for fishermen to expand markets and improve competition in the marketplace. Shrinking the business at this time would disadvantage fishermen and adversely impact the competitive position of the business. 3. "That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public's health, safety or general welfare :" The granting of the variance will not result in any material damage to other properties in the vicinity. It will, however, improve the safety and general welfare, of fishermen and customers who frequent the business. Island Seafoods was recently awarded the SHARP Award by the State of Alaska AKOSH in recognition of its achievements in workplace safety. Our goal is to continue to operate in a safe manner for employees, fishermen and customers. It is recognized that parking on Shelikof Street can at times, be very limited and the additional over flow of parking onto Shelikof Street will further impact the available parking. To address this matter, Island Seafoods/Pacific Seafood, is taking the following steps to mitigate the impact on Shelikof Street parking: a. encourage car pooling by employees to reduce the number of vehicles driven to work b. although a long term project, obtain additional space or property to provide the required parking c. will investigate financial viability of purchasing and operating a company van to transport employees to and from work 4. "That the granting of the variance will not be contrary to the objectives of comprehensive plan; There are no specific references contained within the 2008 Comprehensive Plan, 317 Shelikof Street, Kodiak, AK 99615 (907) 486 -8575 Fax (907) 486 -3007 Case No. 11 -01.1 Application Page 4 of 10 BOARD OF ADJUSTMENT Public HPAPErn84E0F 130 reference (d),that pertain to parlcing. However, the intent and purpose of the parking requirement is clearly understood. Every effort will be made to adhere to the requirements as outlined by the Community Development Department. S. "That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; " To a certain extent, the growth of the business over the past three years has created special conditions, in that the business has expanded beyond the original plans and scope. Island Seafoods has taken on three trawl boats which has significantly increased the volume of seafood being processed at the facility. This business growth is actually natural expansion resulting from the ownership by our parent company, Pacific Seafood Group, in Portland, Oregon. The company has developed markets for flatfish, halibut, salmon, cod and rockfish and the trawl vessels are necessary to provide the raw materials for these markets. The special conditions mentioned in #5 above, pertain to safety of operations that have been impacted by the growth of production at the facility. The primary goal of the variance beyond the need to. meet Borough requirements is to improve the safety at the plant. 6. "That granting a variance will not permit a prohibited land use in the district involved. " The proposed variance will not result in a prohibited land use. In sununary, this variance request stems from the natural growth and expansion of the business, which in turn is now constrained by the limited space of the property. Granting this variance (or variances) would improve the overall safety of the operation while having a minimal impact on the Shelikof Street parking. Having a healthy seafood industry is imperative to the economic growth and development of our community, so I would strongly encourage the P &Z Board to favorably consider this request. It is anticipated that the company will eventually need to expand again, so future growth and expansion will require the company to either relocate or acquire additional property to meet both the company needs and to remain in compliance with the respective Borough codes and ordinances. I would be available at any time to discuss this request further, either on -site or at hearing or public meeting. Feel free to contact me at the number below or via email at jwhiddon @pacseafood.com. Respectfully iddon. General Manager Pacific Seafood Kodiak 317 Slielikof Street, Kodiak, AK 99615 (907) 486- 8575. Fax (907) 486 -3007 Case No. 11 -011 Application Page 5 `of 10 BOARD OF ADJUSTMENT Public t-1 . . STREET • • • . . - • .::f : • • • c0n4,Wrs .:* ;,..;;;; csine AlErAL .z" Pt/ LKICKMEACP _, -- _11x,.,...) ..! • 1tac- frve-Itt>,- u.VI-lor9P05 • e,6co.; I p_E0 1 '4;1 A'-, • -1; --..._ ... 1 IA C. a- 1 iiiprobs1 AR+ it, PAUL ilAR1301-2 egA- = 1Q \ • 3/- 11,,,e,, ,.._) P., A ...sc • • . 1 . ' /f° (— 940, IP .)..7 0 p),..)tT ) 0.3 a pco7 62 ..., - Cr ho _4 00 - - 1 ce g•I 11,351- 45 Case No. 11-011 Application Page 6 of 10 (1) OF 130 delAlki5 OF At33JIAI .TMENT Public FAACifEtn86EOF 130 •• . •- •• . • - — • — " . • . -".. . : • • . • - • . . N Grlia" 14.40:7- f 1 z i, ........,N / - f-.•:rc.i ? ... --.... ...7_ ' - - - • 1 o1'1 .5 67 /7' IQ' Pi ST: P,4 UL_ RA R. OOP.. P4LA ; :et) ,,e-N .p.)er / 't r-o e A.,: . 400• — 1 6E. Case No. 11-01 1 Application Page 7 of 10 P1 r7, O L jo g a6ed uo!leoilddy 11,0- L L "oN aseD Kodiak Island Borough Results Map Contents cl KIB • ❑ Water Features ▪ Labels if' MI Streets 14' 0 Parcels PISS Background Imagery tv KIB Boundary 6In Imagery lft Imagery .4m Imagery ti M Imagery k1 lm Imagery lF Shapes Background • Coastline IS Borough Boundary http: / /gis.kodiakak.us/KIB/ 311 5 FtCcrlor Page 1 of 1 ESRI ESRI Support Center Help 10/21/2010 1N3Wlsnrad 3O 02:1V09 0£ J09 ` e" D'I'd Case No. 11 -011 Application Page 9 of 10 (a) Kodiak Island Borough Results Map Contents KIB ‘! r Water Features +t+ r labels N' 17 Streets • P Parcels F PLSS F Background Imagery 1' KIB Boundary 1!1 6in Imagery �! Ift Imagery to .4m imagery • 2ft Imagery it lm Imagery A Shapes P Background ! r Coastline ff F Borough Boundary http: / /gis.kodiakak.us/KIB/ 330 SH6cIt:b` Page 1 of 2 ESRI ESRI Support Center Help cz 10/25/2010 1N3 ass av AO CINVO8 0£ 4 d(3$$(TOVE?" oiwnd Elakikg OF A123208TMENT 4 2 Retail Bottom Fish Processing in Processing Case up Area SHELIKOF STREET Sorting Line Public HaAPEA39BOF 130 7 ft 72 ft Loading Dock Ramp and landing Power House 5 6 Sport Fish Van 9 •0 Bait Van Bait Van Bait Van Case No. 11-011 Application Page 10 of 10 ge PefeACC.--- BOARD OF ADJUSTMENT Public H E'd? E 90EOF 130 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 November 3, 2010 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 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: 11 -011 APPLICANT: P &W Investments, LLC (Island Seafoods) AGENT: John Whiddon REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off -street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION: City Tideland Tracts N29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: I- Industrial (317 Shelikof) & B- Business (330 Shelikof) 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. Written: comments- must be -received. bv°5 pm,.November30, 2010 to -be considered by the =coi emission. 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, December 8, 2010, a work session will be held at 5:30 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 properly description: Comments: Case 11 -011 Public Comment Page 1 of 6 BOARD OF ADJUSTMENT Public He€irlRgcns911BOF 130 Current Location 317 & 330 Shelikof St. P & Z Case 7 -B P &W Investments, LLC Island Seafoods Request a Variance, according to KIBC 17.195, to allow a reduction in the number of required off- street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off- street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. Kodiak Island Borough GIS This map was prepared `rom the Kodak Is!and Borough's GIS System II is provided to the purpose of show rg the gene, al location of a property within the Kodak Island Borough. This map does not represent a survey. More information about the mappng data be obtained by contacting the Kodak Island Borough IT Department at (907) 486 -9333. Case 11 -011 Public Comment Page 2 of 6 BOARD OF ADJUSTMENT Public Ha4ritEn92BOF 130 FRANCIS COSTELLO CITY OF KODIAK JEFFREY JOHNSON PO BOX 4451 P.O. BOX 1397 211 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 JOYCE GREGORY JOHN JOHNSON VICTOR DOWNING 215 W. HILLCREST ST 236 W REZANOF DR 217 W. HILLCREST ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AI< 99615 JERONIE BONGEN LIVING TRUST CHRISTINA LYNCH JOHN JOHNSON PO BOX 3523 11175 LAKE ORBIN DR 236 W REZANOF DR KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 MARY MONROE LIVING TRUST 308 COPE ST KODIAK, AK 99615 PATRICIA OLSEN P 0 130X 1014 KODIAK, AK 99615 LESLIE T JAMES PO BOX 536 KODIAK, AI< 99615 DUKE JONES ALLAN THIELEN DIANA MACDONELL P.O. BOX 1604 318 \V HILLCREST ST PO BOX 4302 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 TONYA M BROCKMAN 171 OTTER AVE KODIAI<, AK 99615 JANE SAUER 1436 '0 ST ANCHORAGE, AK 99501 ROBERT LACHOWSKY LESLIE JAMES 315 COPE ST P0 BOX 536 KODIAK, AK 99615 KODIAK, AK 99615 ALEXUS KWACHKA 326 COPE ST. KODIAK, AK 99615 CRAIG BAKER P.O. BOX 8514 KODIAK, AK 99615 KERRY KEARNS PO BOX 8256 KODIAK, AK 99615 318 COPE ST KODIAK, AK 99615 MARGARET HOLM 303 COPE ST. KODIAK, AK 99615 THOMAS WALTERS RUSSELL WELBORN REV LIVING STEPHANIE ZAWICK! P.O. BOX 3336 TRST 18991 E. MOYEN RUELLE COURT KODIAK, AK 99615 505 38TH ST PALMER, AK 99645 ANACORTES, WA 98221 SUSAN JEFFREY MONTE NEDROW KURT R ERIKSSON P.O. BOX 3363 P0 BOX 8983 PO BOX 1552 KODIAK, AK 99615 KODIAK, AK 99615 SOLDOTNA, AK 99669 Case 11-011 Public Comment Page 3 of 6 BOARD OF ADJUSTMENT MONTE NEDROW PO BOX 8983 KODIAK, AK 99615 • MICHAEL RESOFF PO BOX 9ll KODIAK, AK 99615 MICHAEL HELLIGSO 318 W. REZANOF DR KODIAK, AK 99615 MARK ANDERSON 1124 STELLER WAY KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 JOSHUA LEWIS P 0 BOX 456 KODIAK, AK 99615 WILLIAM BISHOP 302 MARINE WAY KODIAK, AK 99615 KYLE CROW PO BOX 6103 SITKA, AK 99835 Public HERAPEn973BOF 130 THOMAS KOUREMETIS PO BOX 1392 KODIAK, AK 99615 GLENN DICK 11879 MIDDLE BAY DR KODIAK, AK 99615 LEIF BROCKMAN PO BOX 99 BLACHLY, OR 97412 LANA JANE MONTEIRO PO BOX 1072 KODIAK, AK 99615 CHRISTOPHER WING TOM KOUREMETIS ISLAND FISH CO., LLC PO 130X 2827 PO BOX 1392 317 SHELIKOF ST KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 LELAND JAMES LANA MONTEIRO 4635 - 194TH AVE SE PO BOX 1072 ISSAQUAH, WA 98027 KODIAK, AK 99615 P 6x W INVESTMENTS LLC 317 SHELIKOF ST KODIAK, AK 99615 INT'L SEAFOODS OF ALASKA P.O. BOX 2997 KODIAK, AK 99615 KODIAK MARINE SUPPLY INC PO BOX 99098 SEATTLE, WA 98199 BJM, LLC P.O. BOX 4174 KODIAK, AK 99615 Case 11 -011 Public Comment Page 4 of 6 THOMAS LORAN ETAL 410 SHELIKOF ST KODIAK, AK 99615 NORMAN URSIN SR 1715 W. NICKERSON ST SEATTLE, WA 98119 B °ARUM ADOUSTMEN1nd Gretchen Wing 9074860098 Public HRAPtEn,94BOF 130 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill day Road. Kodiak, Alaska 996)5 007) 486 -93363 November 3, 2010 Publie hearing hem 7 -11 PUBLIC HEARING NOTICE A public Fearing will be held on Wednesday, December 15, 2010. The meeting will begin at 7:30 p.m. in the .Borough Assembly C'hamhcrs. 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission. to hear comments if any. on the following request: CASE: APPLICANT: AGENT: REQUEST: LOCATION: ZONINCi: 11-011 P &W Investments, LLC (Island Seafoods) John Whiddon A Variance, according to KIBC 17.195. to allow a reduction in the number of required off- street parking spaces from 17 in 10, in support of a seafood processing (industrial) land tisc per KIBC 17.175.1140: and. Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off - street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposal in the variant c request above. City Tideland Tracts 1'29 -B and N26 -B (Seafood Processing Plant) 317 Shelikof Street & Lot 18. Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 S bclikof Street 1-Industrial (317 Shelikol) & B•Bttsiness (330 Shclikut) This notice is being sent to you because our records indictee you are a properly 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. Written comment!. must ii:• method b' 5 put. N' cntlr:r.30, 25i(r ru be euit+ide row, by tliv rmmmisslon. If you would Tike to Pax your comments to us, our fax number is:1907) 486- 9396. If you would like to testify via telephone, please call in 3'our comments during the appropriate public bearing 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 ittgular nteetins, on Wcdnutty. December 8. 2010, a work session will be held at 5:30 p.m. in the Kodiak island Borough Conference Room Of 1 21). to review the pocket material for the case. Kodiak Island Borough ('ode provides you with specific appeal rights if you disagree with the Commission's decitiion on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 - 936, Your rime :/ _Nl i a p t / /v 6'.. r•u . Q a Q i S 7 . _ 1'aur prnper dtscri ion: a2 ¢ S : JO, t . /. m I die- ' t% 1, lC i,t N / / ' _ t 4 - :. i'' 4 r .. i. t ' _ • i t • r • led chi •iu ;! ►j j ' . ` }���I�IIM Case 11 -011 Public Comment Page 5 of 6 BOARD OF ADJUSTMENT Public H8a a EJ§.BOF 130 Case 11-011 Public Comment Page 6 of 6 BOARD OF ADJUSTMENT MEMORANDUM Public HERAAERIKBOF 130 DATE: November 29, 2010 TO: Planning and Zoning Commission FROM: Bud Cassidy, Director, Community Development Department SUBJECT: Information for the December 15, 2010 Regular Meeting CASE: 11-011 APPLICANT: P&W Investments, LLC (Island Seafoods) REQUEST: A Variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040; and, Review of an alternative parking arrangement, according to KIBC 17.175.050 to allow the provision of up to two (2) off-street parking spaces on a noncontiguous lot located within 600 feet of the seafood processing plant to supplement the 10 spaces proposed in the variance request above. LOCATION:. City Tideland Tracts N29-B and N26-B (Seafood Processing Plant) 317 Shelikof Street & Lot 18, Block 3, New Kodiak Subdivision (Alternative Parking Site) 330 Shelikof Street ZONING: 1- Industrial and B-Business Sixty (60) public hearing notices ware distributed on February 19, 2010, Date of site visit: November 19, 2010 1. Zoning History: City Tideland Tract 26-B and Tract 29-B This area is identified as Industrial use since before the 1968 KIB Comprehensive Plan was adopted. Lot 18, BK 3 New Kodiak The, north side of Shelikof Street was zoned B-Business and designated Central Business District in the 1968 Borough Comprehensive Plan, and the original platting there predates current parking regulations. Case No. 11-011 Staff Rpt Page 1 of 14 BOARD OF ADJUSTMENT 2. Location: Public HEARFrn9-7BOF 130 Physical: 317 and 330 Shelikof Street Legal: City Tideland Tract 26-B and 29-B & Lot 18, Bk 3 New Kodiak Subd. 3. Lot Size: Both City Tideland Tracts — 1.4 ac & Business lot - 4570 s.f. 4. Existing Land Use:Seafood Processing plant (including incidental retail) & machine shop 5. Surrounding Land Use and Zoning: North: Various Lots Use: Business Zoning: B- Business South: City Tidelands Use: Vessel tie up, maneuvering Zoning: N/A East: St Herman's Harbor and breakwater Use: Breakwater and Boat Harbor Zoning: NIA West: Tr. N-29A Use: Vacant Processing Plant/ DockslWarehouses Zoning: I- Industrial 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area Business (north side of Shelikof) and Industrial (south side of Shelikof St.) 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: 17.175.040 OFF-STREET PARKING — NUMBER OF SPACES REQUIRED. City Tideland Tracts Industrial or Manufacturing Establishments — 1 per 700 square feet of gross floor area Lot 18, Block 3. C. In all cases, a minimum of three spaces' shall be required for each principal use in a building. Case No. 1'1-011 Staff Rpt Page 2 of 14 BOARD OF ADJUSTMENT Public H ', r tEnasBOF 130 17.175.050 OFF - STREET PARKING — LOCATION. All parking spaces required under KIBC 17.175.040 shall be on the same lot as, or any contiguous lot in common ownership as, the principal building or use that they serve; provided, that if the commission finds that it is impractical to locate the spaces on such a lot, it may permit them to be located on any lot within 600 feet of the principal building, or use. The lot must be in common ownership or a long -term easement, license, or permit for use of the alternative parking shall be secured. All parking spaces required under KIBC 17.175.040 shall be located in a use district permitting the use which they serve. [Ord. 90 -45 §2, 1991. Formerly §17.57.050]. Chapter 17.195 VARIANCES 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 department 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' 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 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. Case No. 11 -011 Staff Rpt Page 3 of 14 BOARD OF ADJUSTMENT Public HeMgripaoF 130 . 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, meeteall 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 whichdo 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 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 wilt 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 .Th,at granting the variance will not, permit a prohibited land use in the districi 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 commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. Case No. 11-011 Staff Rpt Page 4 of 14 \ \ � BOARD OF ADJUSTMENT Public Pe4Q F 130 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. Coastal Management Applicable Policies 4.4 Enforceable Policies B. Coastal Development Policy B-1: Multiple Use a. Structures dredged or fihl materiah placed in coastal waters stiahl be designed to minirnize the need for duplicative facilities. Not Applicable. 'fortis daveltipmed b. This pohicy is estabflshed for the Coastal Development standard (11 AAC 112.200) subject use. It applies to ahl uses and activities related to siting of facilities in or adjacent to coastal waters and phacement of dredged or fill material into coastal waters. Oonoiatericy: NOt AppliCable. Thisisite knot lb-bated :in brad �ktttb'icbastaFWateraf Policy B-3: Dredge and FhII Activities a.An applicant for a project that will place structures or discharge dredge or fihl material into coastaT waters must include in the project description measures that will limit the exient of direct disturbance to as smahl an area as possible. ifUl,ncit nYatehal b. This policy is estabhished for the Coastal Dovelopment 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. 'Consisfdrityi_ , involve The activity:will n-alrivOlvo2plaicernentiof4tructures,intoradjacerittri coastaNatersorm|aCanient�bnddQecitr'fiUMaterial) 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-vegetaton activities would cause more damage. Co]sitb»ney: Ubmb|e The prOfedt. ixhncit|o%dted kilbon^AnJtion�dr|ando|i— aZard`aren1 b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114,250(b) as described in Section 4.5.2. cbYQjetemgy:, NotApPlicable I @dt 0. Coastal Habitats and Resources Policy 0-5: Wind Generation and Bird Habitat a. The applicant shall incorporate measures into the project description regarding the siting of wind generation projects to minimize mortahity to birds. These measures shall inchude, but are not himited to, installation of turbines on the tallest towers practicable for the s|te, 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. Case No. 11-011 Staff Rpt Page 5 of 14 BOARD OF ADJUSTMENT Public 1PeAqVter1P71BOF 130 O`pplicable.:t proj a, b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230 not invo |mpmmnfmrIcdniiruCUon --- ener3Y6Eility: 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 eecn»otonmneamwhenathe|ondmmnmrhoagnantedhormm permission for recreational activities, non-recreational projects and activities shall be located, 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 orea. e7.-Tli 'not VelVe the .uge/ikdevm|opmemtJr»ub|iolandoor Waters, used for recteetioneranyether3Hiblic purpose. b. Access through water bodies shall be maintained. 1. Fences shall not be constructed across streams, 2. Bridges must be constructed at least four feet above the ordinary high water mark, 3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and 4. Weirs shall be constructed to allow for small boat passage over or around the structures, and warning signs shall be placed at Ieast 25 yards upstrearn of the weirs. �» �ndi�n� � opmertalorig 'm,irliater bodYthermay be' used fotrebreatiOnfor subtitterfeefplikpbeetJ c. This policy applies to areas desi nated for recreation u der11MC11/L26D(n)aodeachbmdinGeoUon 4.5.1, and it applies to all uses and activities that could affect recreational values described in the resource inventory and analysis. tii—nsfeferiek 19 et applicable: spieeificastidantified reserved|forrecreationa|iuse Under 11 MO 1 it,k2760(c)r 1. Archaeologlcal 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 p!an for the protection af those resources. As part of the assessment, the applicant shall consult with the KIB, tribal entities and the Alutiiq Museum. halt operations'priti) the *tent' cif. the; re_SOU rCe4 pan, hid cleterrhirtedlerA r,c163/eloped b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11AAC114.25B(i)as described in Section 4`5.4 It applies to all uses and activities that could affect these resources. pLojectis not located in, anaiea identified as, ohistblitioriiiiehig*ii|U Case No. 11-011 Staff Rpt Page 6 of 14 BOARD OF ADJUSTMENT Public 111010Ael9ZBOF 130 Policy 1 -2: Resource Protection a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or areas of historic, prehistoric or archaeological importance are encountered during development, an artifact curation agreement will be developed between the landowner, appropriate state of federal preservation authorities, and the curation facility if artifacts are discovered on the project site. Consistency: .L.Initnownt The project may 4k eilocated within an ,undesignated histbnc or;prehistoric area:: It i0comrnonfto keepsthelocationtofhistoriccarid prehistoric, areas'. confidential "in ordersto-protectith setareas from.unatitlitrized access: b. This policy is established for areas designated for the study, understanding and illustration of history and prehistory under 11 AAC 114.250(i) as described in Section 4.5.4. It applies to all uses and activities that could affect these resources. Consistency; - Unknownl. -The project maylbe located in niareatidentifted for,theatudy.; understanding or illustration of,, history anti prehistory under 11 AAC:114;250O;� K. Mineral Extraction and Processing Policy K -1: Siting of Material Sources a. Sources of sand and gravel shall be authorized in the following priority: 1. Upland sites, including river terraces above historic high water, 2. Areas of low habitat value, including river bars, 3. Streams which do not provide fish habitat, and 4. Other habitats. Consistency: Not:Applicable. The project;does)not involveitheseXtraction or'processing of sarid and %r ravel resources: b. This policy applies to the sand and gravel standard (11 AAC 112.260). Consistency: Yes: The projeefdoes invoivereztractiortiofrrock4and :gravel tesourcest 4.5 Designated Areas N/A 4.5.1 Recreation Areas N/A 4.5.2 Natural Hazard Areas N/A 4.5.3 Important Habitat Areas N/A 4.5.4 Historic and Prehistoric Resource Areas N/A 4.5.5 Commercial Fishing and Seafood Processing Facilities N/A 4.5.6 Subsistence Areas N/A Case No. 11 -011 Staff Rpt Page 7 of 14 BOARD OF ADJUSTMENT Public FAiU,,Ap38OF 130 COMMENTS INTRODUCTION This case has changed direction from the case as originally advertised. The reason for this is the new site plan /parking plan provided by the applicant. The revised parking plan shows sufficient area to meet at least 18 of the 20 off - street parking spaces that would be required by a re- evaluation of the parking calculations for the site. That means that the request for a variance is no longer needed. But what remains is for the commission to make a "finding" that additional parking that is not provided on -site can be provided on another site (Lot 18, Block 3 New Kodiak Subdivision) located within 600 feet of the principal building or use. PARKING CALCULATIONS Building Space Determination Our calculations show that the applicant is in need for 20 parking spaces for the square footage provided at the processing plant. We have determined that the total area of all additions that make up the plant is 14.162 square feet. That figure is determined as follows: Building A — 10,000 square feet (two floors at 5,000 s.f. apiece) Building B — 2750 square feet Building C - 312 square feet Building D -1100 square feet 14,162 — S.f. Total Parking Space Calculations Borough Code (KIBC 17.175.040) states that for industrial establishments, one parking space is required for every 700 square feet of gross floor area. Therefore, 14,162 gross floor area divided by 1 parking space for every 700 square feet of building space equals 20.23 spaces or rounded down equals 20 spaces. This represents three (3) more spaces required than were identified on the zoning compliance permit for CZ2007 -062 which only require seventeen (17) off- street parking spaces. It should be noted that this calculation figures the 312 square feet of retail fish market as incidental to the industrial use. Staff believes this is justifiable because they are selling fish products related to the industrial use and not something entirely unrelated. In addition, the use is indicated in the narrative submittal to be seasonal in nature occurring only from May to September. Typically, the code requires a minimum of three off - street parking spaces for each principal use in a main structure. As another measure of "incidentalness" the parking calculation for a retail use would typically be 600 square feet or more to reach a parking requirement for three (3) off - street parking spaces. For these reasons staff believes the retail in this case is incidental to and an integrated part of the overarching industrial use. Based on the revised parking plan submitted by the applicant, the number of parking spaces that have been made available on the on Island Seafoods parcels (Tract.N 26B and Tract 29B) is 18 spaces with 2 spaces to be provided "off site" and provided across the street on Lot 18, Block 3, New Kodiak Subdivision. That 20 parking space count on Case No. 11-011 Staff Rpt Page 8 of 14 BOARD OF ADJUSTMENT Public RattQEACKBOF 130 the two lots meets the parking requirement for the facility. It should be noted that the site plan submitted appears to have some issues of scale and staff would require these issues to be resolved on a final site plan for zoning compliance purposes. In reviewing this site plan /parking plan, staff observed several discrepancies that have been rectified in this revised calculation. There is a second floor in the main building representing an additional 5,000 square feet that was unaccounted for. However this additional was largely offset by floor area that was attributed to van trailers stored on the site. Typically, vans are licensed vehicles are considered to be occupying loading berths which the borough code allows to be counted as part of the overall parking complement, particularly in seafood processing site applications. In addition, storage vans which have been converted to accessory buildings do not typically have a parking calculation associated with them, although it is recognized that along with other outdoor storage items these vans may reduce the availability of off - street parking area. Lot 18, Block 3 New Kodiak This business is the site of a former "small scale" seafood process plant that was permitted as a "similar use determination ". It has a grandfathered parking space right of nine (9) off - street parking spaces with only five (5) actual parking spaces located onsite. It is no longer used as a seafood processing plant, but the grandfather right of 5 parking spaces still exists. If you reserve two of the spaces for the Island Seafood plant the remaining 3 spaces are sufficient to satisfy the parking need of the use that is currently occurring at this site. That use is a machine-shop. A machine shop has a parking requirement of 1 space per 700 square feet of gross floor space. Based on the size of the building at 1,875 square feet, required parking is calculated to be 2.6 spaces which would be rounded up to three (3) off - street parking spaces. That being said, KIBC 17.175.040 (c) states: that in all cases, a minimum of three spaces shall be required for each principal uses in the building. In the end, the five (5) grandfathered parking spaces are adequate to meet the three (3) required spaces based on the machine shop use occurring in the structure found on this lot and provide two (2) additional spaces that can be reserved to meet the parking at Island Seafoods. Staff notes however that the machine shop use has been established without benefit of zoning compliance so that there is a need to review a revised site plan for Lot 18 and document the changes to the use as well as the revision to the parking space allocation. The upshot of this action however is that Lot 18 will be abandoning it grandfather rights to nine (9) off - street parking spaces and any subsequent change of use on the site that requires an increase parking requirement will likely require a variance if the two (2) guest parking spaces cannot be released in the future from the requirement to serve the use of the seafood processing use across the street. FLEXIBILITY OF PLANTS There is a need to recognize that seafood processing plants are flexible in the nature. They are at the whim of the market and marine resource quantity and must respond to a change in either. The type of processing equipment evolves. Some processing plants have gone from canning lines for salmon, crab and shrimp, and from shrimp peelers to modern fish fillet machines. Those changes have required massive changes to the Case No. 11 -011 Staff Rpt Page 9 of 14 BOARD OF ADJUSTMENT Public peAueAp7580F 130 interior layout of processing plants. Facilities have to be able to expand and contract with the market and resource. There is a need for this flexibility in the facility. But our parking standard has changed little. LACK OF PROCESSING SITES Most of the sites where fish processing could occur are occupied or there is an interest in the property that prevents their use. Do we deny the right of a thriving business to grow because there is limited ability to grow? Fishing is the primary industry of this community. Supporting economic growth with processing expansion is important, but do you ignore the rules on the books that are meant to resolve an issue? ISLAND SEA FOODS REVISED PARKING PLAN Island Seafoods recognized their parking problem and that they are a victim of their own success. They approached the borough with this request. They have rearranged the site to accommodate additional parking as well as additional maneuvering space for their equipment and vans etc. The applicant foresees continued growth of the operation. But it is important that an approved parking plan not only be on paper, but be the parking that is actually utilized on the ground. To the processing plants credit, submitting a revised parking plan that attempts to meet the parking code is laudable. They have indicated a willingness to rearrange how they conduct business on the site to accommodate the needed parking, but don't believe that it will be enough and therefore still require the use of a parking lot in common ownership across the street for two (2) of the required off-street parking spaces. VARIANCE STANDARDS In reviewing a variance request the Commission must find that all six (6) standards of a variance are met. Those standards are: t There exist 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. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 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. 4. 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 from which relief is being sought by the variance 6. That the granting of the variance will not permit a prohibited land use in the district involved. The purpose of the variance process intended to allow the development of a reasonable use on lands which may be otherwise disadvantaged due to the physical circumstance of the lot. Ultimately it is the Commissions prerogative to determine what "reasonable" development entails, however from the staff perspective in developing variance Case No. 11-011 Staff Rpt Page 10 of 14 n BOARD OF ADJUSTMENT Public llarq$e300BOF 130 recommendations, accessory buildings and garage additions are generally considered to be less of an essential need in the context of variance requests. Staff would also note that parking variances are difficult to reconcile with the variance standards because parking is typically a matter over which the land owner has control. When a property owner indicates that their business has outgrown the site they occupy and they wish to convert off-street parking area to a use or structure variance standard number five (5) is usually called into question. Development or growth of a use which typically increases the parking requirement at the same time reducing available parking is hard not to consider as an action of the applicant from which relief is being sought by variance. Existing off-street parking that is displaced from a site will reduce the pool of available on-street parking and the Shelikof Street area is known for its limited availability of parking, both on-street and off-street. RECOMMENDATION Staff believes that the required off-street parking for Tracts N 29-B and N26-B can be met can be met by providing a combination of onsite parking and satellite parking on a lot in common ownership (Lot 18, Block 3, New Kodiak Subdivision). Although staff does not believe that a variance is now required, it is appropriate for the commission to make a motion and then deny the motion unless the petitioner formally withdraws that portion of the request in writing. It is also recommended that the commission make a finding that two (2) off-street parking spaces required to serve the processing plant located on City Tideland Tract N26-B & N29-B may be provided by a combination of onsite parking (18 spaces) and satellite parking (2 spaces) on the alternative site (Lot 18, Block 3, New Kodiak Subdivision) that is within 600 feet of the principal building or use. APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, the appropriate motions are: Motion #1 Move to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off-street parking spaces from 17 to 10, in support of a seafood processing (industrial) land use per KIBC 17.175.040. Staff recommends that this motion be denied, and the following motion approved: Move to adopt the findings contained in the staff report dated November 29, 2010 as "Findings of Fact" supporting the DENIAL of this request. Case No. 11-011 Staff Rpt Page 11 of 14 0 BOARD OF ADJUSTMENT FINDINGS OF FACT Public gAq kr1P7BOF 130 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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. If there is something atypical it is that the site has historically been open enough to provide the necessary off-street parking without the need for variances or satellite parking arrangements. As noted in the staff analysis however it is the intended use for seafood processing and the changes that occur to that industry periodically which typically drive the need to maximize the use of the site for seafood processing related uses in lieu of off-street parking. Staff has performed a new, analysis of the site and corrected some errors of the prior parking calculation. In addition the petitioner has also re-worked the site plan such that a variance is no longer required. It should be noted that this information was submitted only recently and this new information would typically justify a postponement if not for the fact that the parking issues appear to be resolved (subject to the approval of satellite parking for at least two [2] off-street parking spaces). 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some relief from parking requirements in the past. It should also be noted that this area was originally developed long before the advent of modern parking requirements and the community growth that has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore has to be reconciled with the overall lack of parking in this overall area and the fact that there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day and age. It is prudent therefore to work with property owners to provide the maximum number of required off-street parking spaces even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 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. Case No. 11-011 Staff Rpt Page 12 of 14 BOARD OF ADJUSTMENT Public PAl49 &sOF 130 Since there is no longer a need for a variance it does not appear that there will be any material damage or prejudice to other properties in the vicinity. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for industrial and commercial use, particularly seafood processing along the waterfront. 17.66.050 A.S. 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 caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry but it is difficult to assign a value to these structural changes to the industry versus the responsibility of the land owner to control and manage the site layout and utilization. In this case, both staff and the petitioner have re- evaluated the site and believe now that up to eighteen (18) off - street parking spaces may be provided onsite (with the inclusion of loading berths) such that the grant of a variance is no longer required. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. Motion #2 Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant approval of a parking plan, according to KIBC Section 17.175.050, that would permit two (2) off - street parking spaces proposed to be located on Lot 18, Block 3, New Kodiak Subdivision, which are impractical to be located on Tracts N29 -B and N26 -B, City Tidelands, in order to support the seafood processing use, and that two (2) off - street parking spaces located on Lot 18, subject to conditions of approval, will provide a safe and practical off - street parking alternative to the off - street parking that would typically be required on Tracts N26 -B and N29 -B, subject to conditions of approval in the staff report dated November 29, 2010, and to adopt the findings in the staff report as "Findings of Fact" for this case. Case No. 11-011 Staff Rpt Page 13 of 14 BOARD OF ADJUSTMENT CONDITIONS OF APPROVAL Public 1-VeAqVen14,930F 130 1. The applicant shall obtain an "after-the-fact" zoning compliance permit to address the apparent change of use on Lot 18 from small scale seafood processing to the current machine shop use. 2. The applicant shall obtain a new zoning compliance permit for Tracts N26-B and N29-B showing a scale drawing of the site with at least eighteen (18) off- street parking spaces including loading berths. 3. The two (2) off-street parking spaces located on Lot 18, will be signed or marked so as to be clearly associated with the uses on Tracts N26-B and N29-B. 4. The petitioner shall obtain letters from the City of Kodiak Public Works Department that there is no objection to the use of Shelikof Street right-of-way for additional pedestrian crossings due to the is satellite parking layout. FINDING 1. The petitioner has worked with staff to eliminate the need for a variance request by providing additional on-site parking and the relocation of two (2) off-street parking spaces to an alternate site within 600 feet is a preferable outcome to the prospect of granting a variance and potentially adding an additional demand for limited on-street parking. Case No. 11-011 Staff Rpt Page 14 of 14 BOARD OF AIDSUEFTMENT October 13, 2010 Bud Cassidy Director of Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 Dear Mr. Cassidy Public Rtlajcell NOF 130 It was brought to my attention that the Borough has determined that the Island Seafoods property is out of compliance with regard to parking requirements. Until yesterday, we were unaware that we were considered "out of compliance" since the last review of our parking performed in March of 2007 confirmed that the property was in compliance. Although we have not added any property or changed our parking requirements, this business has definitely grown in volume in the past three years. We have contracted with two different consultants to review the status of our property in anticipation of future growth. PND Engineers, Inc is preparing the permit for the Corps of Engineers preparatory to modifying or expanding our dock. KPB Architects is concurrently conducting a code review to determine where the property stands with regard to building code compliance. The cost of both projects exceeds $25,000, so we are definitely taking this matter seriously. Additionally, although it is a very slow and complicated process, we are exploring the acquisition of adjacent property to handle the parking requirements per the Borough Code. If the above mentioned mitigating facts are insufficient to preclude a code violation, then we will be submitting a request for a variance to allow us to continue to operate the business. Sincerely, 04AA42/41,--, John Whiddon General Manager Island Seafoods Cc: Jack Maker, Code Compliance Officer Rick Gifford, Borough Manager Jay Johnson, Clarion Construction Aurora Courtney, PND Engineers, Inc Ken Burkhart, KPB Architects 317 Shelikof Street, Kodiak, AK 99615 (907) 486-8575 Fax (907) 486-3007 Case No. 11-011 Appendix Page 1 of 8 P1 BOARD OF ADJUSTMENT fi Public ReiNCIAe14250F 130 FARROW �UTCa� 5" PROJECT LOCATION '164, UNALASKA/DUTCH MAR -"l, , ..ciS"' 4 JklAj KODAK STATE OF ALASKA PROJECT LOCATION LATITUDE 67.7868, LONGITUDE 152.4134 KODIAK NEAR ISLAND LOCATION MAP HIGH TIDE LINE (HTL) 10.7' MEND HIGH WATER (MAW) 7.8' MEND LOWER LOW WATER (MLLW) 0.0' 500 0 500 1000 1500 1 6 PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM; 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA VICINITY MAP ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 SCALE 1.si FEET VICINITY MAP ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 1 of 5 Case No. 11 -011 Appendix Page 3 of 8 BOARD OF ADJUSTMENT Public „PygF„er151OF 130 .l 20100 01 0 7f blow sv.lc PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA SITE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODAK, AK 99615 ISLAND SEAFOODS FACILITY MODIFICATIONS AT: ST PAUL HARBOR IN. KODIAK, AK OCT 4, 2010 SHEET 2 of 5 Case No. 11 -011 Appendix Page 4 o` 8 BOARD OF ADJUSTMENT i3 1 1 1 Public PeilitrayEell 4 JF 130 18"0 SUPPORT PILE, TYP 10 SUPPORT PILE. TYP //- PROPOSED DOCK 36 P1l.ES TO BE REM0vE0 1844 BATTER Plt E, TYP \-18'4 FENDER PILE. TYP SURFACE AREA OF NEW COCK (af) SURFACE AREA OF NEW SERVICE PLATFORM (sf) SURFACE AREA REMOVED s ' SURFACE AREA - NET GAIN sf PILES TO BE REMOVED PILES TO BE ADOED PILES GAINED EXCAVATION (cy) FILL MATERIALS BELOW 11TL 2850 900 3400 BELOW ■NYV PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA 350 36 37 1 0 0 2850 900 3400 350 36 37 1 0 0 PILE LAYOUT PLAN ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODAK, AK OCT 4, 2010 SHEET 3 of 5 Case No. 11 -011 Appendix Page 5 of 8 BOARD OF ADJUSTMENT Public FRIA 1 E OF 130 FENDER FENDER PILE 30' -0' BULLRAIL /!� I SUPPORT GIRDER, TYP DECK 1 fl' c. PILE BATTER PILE, TIP = IF Al !1 U 25' -O PILE A -A TYPICAL PROPOSED DOCK SECTION NTS PILE CAP — HTL = 10.7' NHW = 7.11' SUPPORT PILE, TYP NLLW = 0' EXISTING MUDUNE 1 F 1 e 1? tl PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSIN SR. STATE OF ALASKA TYP DOCK SECTION ISLAND SEAFOODS 317 SHELIKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 4 of 5 Case No. 11-011 Appendix Page 6 of 8 BOARD OF ADJUSTMENT Public lakratFtelleFOF 130 PILE CAP rt —HTL = 10.7' —11HW = 7.8' 25'—O SUPPORT PILE. MU.W q. PILE P1LE 13-13 TYPICAL SERVICE PLATFORM SECTION m15 EXISTING MUDLINE PURPOSE: PROVIDE DEEPER DRAFT DOCK AND EXPAND FACILITY REMOVAL OF EXISTING DOCK FOR SAFETY REASONS DATUM: 0.0' MLLW ADJACENT PROPERTY OWNERS: KODIAK ISLAND BOROUGH NORMAN URSJN SR. STATE OF ALASKA TYP SERVICE PLATFORM SECTION ISLAND SEAFOODS 317 SHEUKOF ST. KODIAK, AK 99615 ISLAND SEAFOODS PERMIT DRAWINGS AT: ST PAUL HARBOR IN: KODIAK, AK OCT 4, 2010 SHEET 5 of 5 Case No. 11-011 Appendix Page 7 of 8 BOARD OF ADJUSTMENT Public IRAQ el4s177BOF 130 101076 Project Description; Island Seafoods Waterfront Facility Modification 9/29/10 This project consists of removing the condemned dock on the northeast side of the property due to safety concerns. This dock was previously used to support the facilities' ice plant which will be relocated. A service platform will be added adjacent to the existing offloading pier to support the ice plant. Additionally, the existing offloading dock will be expanded to accommodate deeper draft vessels and provide additional dock space, *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. ENGINEERS, Case No. 11-011 Appendix Page 8 of 8 Below HTL Below MHW Surface Area of new dock (sf) 2850 2850 Surface Area of new service platform (sf) 900 900 Surface Area Removed (sf)* 3400 3400 Surface Area — Net Gain (SP) 350 350 Pile's to be removed 36 36 Piles to be added 37 37 Piles gained Excavation (CY) 0 0 Fill materials 0 0 *Dock to be removed dimensions are approximate, therefore net gain could be slightly off. ENGINEERS, Case No. 11-011 Appendix Page 8 of 8 BOARD OF ADJUSTMENT PAGE 118 OF 130 Kodiak Island Borough Planning & Zoning Commission Minutes September 19, 2012 6:30 p.m. in the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the September 19, 2012 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Commissioners present were Brent Watkins, Bill Kersch, Alan Torres, Alan Schmitt, Rick Vahl, and Sonny Vinberg. A quorum was established. Community Development Department staff present was Martin Lydick and Sheila Smith. APPROVAL OF AGENDA CHAIR TORRES stated he would like to see added to the agenda under New Business B -P &Z Rep to the Parks & Rec Committee. COMMISSIONER SCHMITT MOVED to approve the September 19, 2012 Planning & Zoning Commission agenda as amended. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER VAHL MOVED to approve the August 15, 2012 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were none. PUBLIC HEARINGS A) Case 13 -006. Request a Variance, per KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040. The applicant is Island Fish Company, LLC /Pacific Seafood Kodiak and the agent is John Whiddon, General Manager. The location is 317 Shelikof Street and the zoning is I- Industrial. Lydick reported this request for a parking variance is the administrative culmination of a protracted code enforcement proceeding against the subject property. Borough enforcement policy calls for extraordinary efforts on the part of staff to achieve voluntary compliance before proceeding with judicial remedies. This request for a parking variance is the last avenue that staff was able to identify as possible administrative relief before proceeding with more aggressive enforcement efforts. Variances of any kind are knotty problems to address due to the high bar that has been established, under law, for their approval. Required standards of approval contain six separate factual findings, all of which must be met in order to receive commission approval. Forty -seven public hearing notices were sent out for this 9/19/2012 P &Z Minutes Page 1 of 13 /`� 1 BOARD OF ADJUSTMENT PAGE 119 OF 130 request on August 7, 2012. Fifteen comments were returned opposing the request, and one comment was returned expressing non - objection. Numerous comments & statements supporting the request have been received in the department after the comment deadline established per Commission Bylaw Article 9 Paragraph D. Staff recommended denial of this request. COMMISSIONER SCHMITT MOVED to postpone Case 13 -006 until the October 17, 2012 regular meeting of the Planning & Zoning Commission. ROLL CALL VOTE ON MOTION FAILED 3 -3. The noes were COMMISSIONERS TORRES, SCHMITT, and VAHL. The ayes were COMMISSIONERS WATKINS, KERSCH, and VINBERG. When asked if anyone wishes to change your vote CHAIR TORRES changed his from aye to no. COMMISSIONER SCHMITT MOVED to grant a variance, according to KIBC 17.195, to allow a reduction in the number of required off - street parking spaces on City Tideland Tracts N26B and N29B from 21 to 10, in support of a seafood processing (industrial) Land use per KIBC 17.175.040. The public hearing was opened & closed: Public testimony was given by: Gretchen Wing read from commission bylaws; under Article 9 -D. New Information - The commission shall not consider any new information submitted less than 15 days prior to a regular meeting date. The new information introduced after the 15 day deadline may be considered by the commission for action at a future meeting or referred to staff for study. Next is Article 11 Reports and minutes - The Community Development Department will have the staff reports for public hearing petitions available for . review by the applicant and commission members 12 days prior to the public hearing. The commission shall keep minutes of the proceedings and such minutes shall be record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the Borough Clerk and shall be a public record, open to inspection by any person. When this started there have been all kinds of deadlines put out, the deadlines have been past, there's new variances, there's been stays, and this has been a very complicated case because it keeps changing by the week. According to the public hearing notice we received in the mail and other information they have 15 days prior to the meeting to submit their written information. That was out there as public knowledge. We've worked really hard to get this case going, to keep this case going with factual knowledge and we presented our information in a timely manner within the 15 days prior. You need to consider the information that was presented in a timely fashion so it could be given to you within the 12 days so you had plenty of time to review it. There's a reason that we have these laws and there's a reason there is a deadline. Cases cannot be tried and listened to, to the full extent if people are constantly submitting late information. Please remember the bylaws that were agreed on and it's what we should be running our community off of when the late information is presented and when the late information is in front of you in the packets that was received after the deadline. In response to COMMISSIONER SCHMITT'S point of order regarding he thought the effect of the motion that was voted down was that we will not be considering the material submitted after the deadline, CHAIR TORRES said the motion failed to postpone the meeting to allow consideration of the comments. Staff chose to put them in our packet but our bylaws say that we shall not consider them, and TORRES said he didn't even download it all. Chris Wing stated he and his wife own the building across the street from Pacific Seafoods. This Variance request is very similar to P &Z Case 11 -011 dated December 15, 2010, this gives you an idea of how long this has been going on. That case was denied and the principal 9/19/2012 P &Z Minutes Page 2 of 13 BOARD OF ADJUSTMENT PAGE 120 OF 130 difference in that case and this new case is the addition of 5 parking spaces. In the previous case it went from 17 to 10 in this case. Staff did the investigation and five more spaces were required than he had originally been told so that increased the number to 22. This is the same variance that was denied, there are minor differences and those differences were brought up in the investigation of the older case. Pacific Seafoods chose not to comply and continued not to provide required onsite parking. After 16 months of the denial Wing filed a complaint and seen no apparent actions with anyone, and the investigation revealed Pacific Seafoods is out of compliance after repeated inspections. There's a timeline that goes with this from December 2010 until today. The 16 months Wing stepped back and waited for action to happen but he should have been aggressive at that time. It all came down to a parking inspection on May 16th by the enforcement officer and the parking was there, for one day only. The next day it didn't meet the requirements. On the same day of the inspection the applicant got a new zoning compliance permit, the applicant submitted an associated parking plan with 22 spaces which Whiddon signed off on along with staff, and they pulled building permits on the same day. On June 5th a notice of violation and order was issued, the applicant did not apply for an appeal within the 10 working days. Wing feels that it was expired and he's in violation. If you review the appeal and denial information it's easy to deny this case. Chris Lynch stated she owns property on Cope Street and recently occupied a building from Pacific Seafoods which was a small retail business. She opposed this request strongly. On- street parking is very limited on Shelikof and while we need to address a parking issue an individual variance does not address the parking issue. The on-street parking belongs to all, there's one hour parking across from Pacific Seafoods that's supposed to accommodate the retail stores in that location. Lynch submitted pictures with her opposition and it's clearly not being enforced and there are labeled cannery vehicles in those spaces for days on end. If this variance would be allowed that would be 20 less on street spaces that would be taken by the people that can't park off-street. She's had customers specifically tell her that they haven't stopped at her store because they can't find a parking space. She has a private parking lot next to the building that she rented and the minute the building was beginning to be less occupied Pacific Seafoods staff was taking those spaces in the private lot without any permissions. That clearly indicates there is a need for their own onsite parking. When she purchased her Cope Street property she also had a parking issue and she was held strictly to that parking requirement and she expects this requirement to be held strictly to as well. Bill Alwert stated he's one of the owners of Pickled Willy's across from Pacific Seafoods. He said he has 1 parking space in front of their business which is in Mr. Wing's building. He's parked in front of his business and has got 3 parking tickets for parking in front of his business because there isn't any other parking spaces. Many people have also told him that they don't stop because there isn't any parking anywhere. That is harming our business. Pacific Seafoods should have plenty of parking. This request should be denied and they should have their off-street parking. Alwert has parked twice in front of Napa but he won't anymore because they've taken his windshield wipers off his car for parking there. We don't have anywhere else to park. We have to park all way down across from Sutliff s and walk down to his business so hopefully they will have 1 parking space for a customer to park in front of their business. This variance request should be denied. John Whiddon, Pacific Seafoods Manager, stated he's doing everything he can to resolve this matter. We've been in business on Shelikof Street for over 13 years, predating any of the people you've heard so far. Before we started on Shelikof there was a parking challenge, there's a parking challenge today and will be one in the future unless something is done about 9/19/2012 P&Z Minutes Page 3 of 13 BOARD OF ADJUSTMENT PAGE 121 OF 130 it. We're asking for 10 not 22 parking space reduction and he'd offer that if they put 10 more cars in their parking lot you won't see a noticeable difference. The businesses that have come before you have mentioned they have no parking, he would reference that they have zero parking, none. We are required to maintain parking and they're not. The borough recognized over twenty years ago that there's a parking shortage on Shelikof Street, so much so that the borough code 17.140 established that the businesses on Shelikof Street were nonconforming and they issued what amounts to a grandfather clause with regards to parking. It seems to him that the borough realized that in order to grow and sustain the seafood industry that mandating parking on very limited space would otherwise be used for processing was not the best use of land. If you drive down Shelikof Street today you will see cars stacked up in every direction. Right now that's the cost of doing business on Shelikof. We're concerned the borough is selectively enforcing this ordinance. This matter came before you as a complaint. Other entities in Kodiak have been granted waivers or variances, particularly the convention center and also Trident for their bunkhouse and he would suggest that was done for economic necessity. The failure to obtain a variance in our case would mean not just the elimination of a portion of the business but the entire business, we cannot sustain a business if we reduce it by 22%(recording fuzzy). The area that would be dedicated to vehicles is actually the area that we use to process fish. Without that we wouldn't be able to process fish and we would see a loss of up to 75-90 jobs in the associated economic impact. We believe this is a valid case is a way to support the seafood industry. Lauri Whiddon state she's here to support Pacific Seafoods request for a parking variance. After spending 20 years as a Coast Guard wife and dependent we elected to stay in Kodiak and start their second career. Over the past 13 years she's watched her husband build the business from 3 to over 90 employees through hard work and dedication. He has some of the finest employees in the industry so she's here tonight to say that your decisions are far more reaching than just a parking variance. It impacts the lives of over 90 employees and their families who through Pacific Seafoods have access to health care retirement benefits. Parking was a challenge 13 years ago and it remains a challenge today. Her husband and Pacific Seafoods are committed to help to develop solutions that benefit all users and businesses on Shelikof Street. Jennifer Ridgecreek stated she's concerned about the parking situation on Shelikof. She agrees with the comments that said Shelikof has an issue with parking, it's difficult and it's difficult for pedestrians to use that space. She also understands the role of variances and zoning where you have a very specific circumstance where regulation doesn't fit on that circumstance; however, this is not that circumstance and she opposed the issuance of a variance because the parking situation is a problem. She believes the appropriate way to address this is through a parking plan in its entirety. To enforce a regulation by piecemeal by issuing variances here and there depending on which businesses have the time and resources to go through additional permitting is inappropriate and it sends a message to the Kodiak business community that some rules apply to some but not others. If parking is a situation as bad as it is then that situation should be addressed in its entirety. 13y voting no on this variance you are motivating the issue to take further to have a more long term comprehensive solution rather than perpetuating an ongoing problem through piecemeal enforcement so she urged the commission to vote no. Kevin Arndt stated he owns property within the public notice area next to the coffee shop. He's not at a place where there's a problem with parking. It seems like we have private parking but it's never full. He thinks the problem starts from the town side of Napa heading in 9/19/2012 P&Z Minutes Page 4 of 13 BOARD OF ADJUSTMENT PAGE 122 OF 130 where it's really congested. He can say he's never been to Napa when he couldn't find a parking space. He submitted a letter but it says it was received after the comment deadline. He feels we do need to accommodate for this variance. We've given a grandfathered clause to everything else in the area that was developed. Just like Whiddon said if he does get the variance or he doesn't it's not going to change anything, the parking is the way it now whether he gets it or not. He deserves it You should grant 50% of their parking should be allowed to be on street parking. You do have the establishments that have been there a long time that doesn't have any parking and how they were granted that in the beginning he doesn't know. Arndt is in favor of the commission approving this variance. Barbara from Pickled Willy's stated she thinks the parking is something that needs to be taken care of and it's the commission's fault that these guys are pitted against each other. Long term is a solution and piecemealing is not the answer. She said it's your duty to fix this or come up with some kind of long term plan. Discussion of the high standards for a variance, the business outgrowing the location, height limits and building upwards to allow for onsite parking spaces, move things that are not critical for the particular site elsewhere, parking concerns, businesses being responsible for their planning, future planning, plan growth, and the parking should be accommodated onsite as much as possible. this variance being similar to their prior case and should not have allowed it to come before the commission, not allowing comments submitted after the deadline because it doesn't limit public comment; public testimony can be given at the meeting or over the phone, the deadline is there to allow the commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and disappointment that those comments were added to the packet. CHAIR TORRES stated with this variance being similar to their prior case it should not have been allowed to come before the commission, the comments submitted after the deadline does not limit public comment; public testimony can be given at the meeting or over the phone also if comments can't be submitted by the deadline. The deadline is there to allow commissioners time to read the packets, digest the information to allow the commission to make fair decisions, and TORRES expressed disappointment that those comments were added to the packet. CHAIR TORRES stated P&Z cannot fix the parking problem on Shelikof and that it would be a culmination of the City of Kodiak and the borough assembly to do a parking plan. In response to COMMISSIONER VAHL'S inquiry if this is postponed a month is there time to aggressively try to solve this problem, Lydick stated he thinks a postponement would allow you to consider the new comments that have come in after the deadline imposed by the commission's bylaws, he does not think a simple 30 day postponement will lead to any effective enforcement of any parking situation on Shelikof Street. Our current case which has gone on now for almost 18 months, he believes every individual business up and down that street would have the same opportunities for administrative delays that has been afforded this property. That is not bad in itself, it's what the process is and those steps are available to any business or any individual that finds themselves subject to an enforcement action. In response to COMMISSIONER VINBERG'S inquiry of the documents back from 2010 notifications were received, there were plans that were developed by PND Engineers showing the dock extension assuming to provide for some parking, can you elaborate on that and why nothing has been acted upon in those 2 years, Lydick requested VINBERG direct him to the document he's referring to. COMMISSIONER VINBERG said it's the prior case packet 11-011. 9/19/2012 P&Z Minutes Page 5 of 13 BOARD OF ADJUSTMENT PAGE 123 OF 130 CHAIR TORRES said we have case packet 11-011 in our dropbox packet, Lydick stated staff doesn't have ipads and it's not in the packets that staff has. COMMISSIONER VINBERG stated what it tells him is that if nothing has been acted upon in the last 2 years then how much longer is this going to take and he believes we do need to have a new master parking plan for the downtown area. COMMISSIONER KERSCH who is also the Postmaster stated the Post Office is looking at not going down Shelikof Street because we cannot find parking to deliver the mail that will probably be addressed in the next month with the businesses 'down there. During discussion there was consensus that this variance should be denied. COMMISSIONER KERSCH MOVED to postpone indefinitely. ROLL CALL VOTE ON MOTION TO POSTPONE INDEFINATELY FAILED 4-2. The noes were COMMISSIONERS SCHMITT, TORRES, VAHL, and VINBERG. The ayes were COMMISSIONERS WATKINS and KERSCH. ROLL CALL VOTE ON MAIN MOTION FAILED UNANIMOUSLY COMMISSIONER SCHMITT MOVED to adopt the findings contained in the staff report dated September 8, 2012 as "Findings of Fact" supporting the DENIAL of this request. 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. Tracts N29-B and N26-B are typical for waterfront lots located along this stretch of Shelikof Street. Together they are rectangular in shape and measure about 1.4 acres total. The tracts, taken together or separately, exceed the minimum lot area of 20,000 square feet and lot width of 75 feet that is required for the I-Industrial zoning district. If there is something atypical, it is that the two tracts have been developed with the bulk of building development on tract N29B and Tract N26B has historically provided the parking and maneuvering to support the use on Tract N29B. The more recent use of Tract N26B for outdoor storage, loading berths and other related activities has largely displaced the availability of parking and maneuvering on this tract. The decision by the land owner to displace employee and customer parking in this way however does noy rise to the level of an exceptional physical circumstance or condition that would justify the-gfanting of a variance. Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. According to the petitioner, strict application of the parking ordinance would limit the ability of the site to remain competitive with other seafood processing uses in the area. As noted by 9/19/2012 P&Z Minutes Page 6 of 13 BOARD OF ADJUSTMENT PAGE 124 OF 130 staff the community has typically recognized the changes to the fishing industry and the limited locations for such uses to occur as justification for some case-by-case relief from parking requirements in the past. That said, suggestions that the parking calculation for seafood processing plants in general needs revision does not justify the grant of a variance. Revision or amendment of zoning codes is a legislative prerogative of the community whereas the request of a variance, as in this case, is a quasi-judicial request to consider individual property rights of a single landowner. There is substantial area on the site which is sufficiently devoid of building development so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by the code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another location off-site It should also be noted that a considerable portion of the waterfront industrial area was originally developed long before the advent of modern parking requirements. Community growth has resulted in a largely "auto-dependent" lifestyle for many residents. The relief requested in this case therefore cannot be based solely on an appeal for equity with other waterfront industrial sites which might look much different if they also were just getting started. 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. While Variance Standard #1 references a comparison of "physical circumstances" with other lots in the same zoning district, Standard #3 is pertinent to all properties in the vicinity of the subject parcel(s) regardless of zoning or use. In this regard, it must be recognized that there is a substantial lack of parking in the overall area. Many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case-by-case basis. As a result there are already many nonconforming uses on both sides of the street which are not providing all of the parking required for those uses in this day of auto dependency. While the petitioner has based a substantial argument for the grant of a parking variance on issues of equity with other industrial properties on the waterfront, it is not justifiable to grant equity with other industrial properties at the expense of business properties in the area. Business properties also have workforce parking needs but in many cases also require a certain amount of parking turnover for customer access. This is much different from parking characteristics of seafood processing which typically relies on long shifts and large numbers of employees on site during peak processing times. While the petitioner has indicated that they encourage carpooling and walking to work, there is no evidence presented on the record to say how effective this encouragement is at reducing the number of employees who need to park in the vicinity of Tract N26B and N29B. In addition, the grant of the variance will run with the land in perpetuity and will create an additional burden on for the city to regulate and manage in the Shelikof Street right-of-way. It is prudent therefore to work with property owners to ensure the maximum number of required off-street parking spaces are maintained in the area even if this requires giving the site owner some control and flexibility in the location and layout of the parking plan so long as the minimum parking standards of the code are met. 9/19/2012 P&Z Minutes Page 7 of 13 BOARD OF ADJUSTMENT PAGE 125 OF 130 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of a variance would not be contrary or detrimental to the objectives of the Comprehensive Plan with regard to its support for seafood processing uses. The grant of such relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives. 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 caused the special conditions from which relief is being sought by variance. As noted in the staff analysis some of this need may be due to the nature of the industry itself, but it is difficult to assign a value to these structural changes to the industry versus the responsibility-of the land owner to control and manage the site layout and utilization. In both Zoning Compliance Permit C22012 -79 and prior Variance Case 11 -011 it was demonstrated that there is adequate room for off - street parking to be provided on site if some of the storage on -site could be moved to an alternate location off -site. The actions of the applicant, contrary to the provisions of the approved zoning compliance permit, have resulted in complaints, enforcement action by the borough, and ultimately this variance request. Had the petitioner maintained the site in compliance with approved permits prior to making this request this condition might have otherwise been met. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from parking requirements and the grant of such a variance would not permit a prohibited land use in the district involved. ROLL CALL VOTE ON MOTION FAILED UNANIMOUSLY B) Case S13 -006. Request Preliminary approval, per KIBC 16.40, of the replat of Lots 1A & 2A, Hospital Subdivision, creating Lots 1A -1 & 2A -1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according to KIBC 17.130.020.H. The applicant is the Kodiak Island Borough. The location is 1909 Rezanof Drive East and the zoning is PL- Public Use Lands. Lydick reported this review if the final administrative public review process in a joint borough /city effort to provide our community with a fully functioning, modern Long Term Care Facility; an infrastructure upgrade that's been identified as needed for some time. The design provides for the like - exchange of lands between the borough and city in order to provide a consolidated parcel of land capable of accommodating the facility's construction on the preferred site. The commission reviewed and approved the construction design at the August 15, 2012 regular meeting. This plat re- aligns lot boundaries, vacates and re- creates required utility easements where needed, and provides sufficient land area to accommodate a private driveway serving as ingress and egress to the new facility. Fifty -one public hearing notices were mailed on August 8, 2012 and 2 comments returned supporting the request. Staff recommended approval subject to 3 Conditions of Approval. COMMISSIONER SCHMITT MOVED to grant Preliminary approval, per KII3C 16.40, of the replat of Lots 1A & 2A Block 1, Hospital Subdivision, creating Lots 1A -1 & 2A -1, Hospital Subdivision, providing a location for the construction of a Long Term Care Facility, according 9/19/2012 P &Z Minutes Page 8 of 13 BOARD OF ADJUSTMENT PAGE 126 OF 130 to KIBC 17.130.020.H, subject to Three (3) Conditions of Approval, and to adopt those findings of fact in the staff report dated September 7, 2012, as Findings of Fact for Case No. S13 -006. The public hearing was opened & closed: There was no public testimony. Discussion regarding the trail, seeing, when it comes to the parking plan stage where the trail is going to be and what they are specking out as a trail, more definition and how this is going to be handled early in the process. There was consensus regarding keeping the Chichenoff Trace Trail and possible re- routing it. In response to COMMISSIONER KERSCH'S inquiry about the access, has anyone has talked to the city about potentially using their parking lot to get through, Lydick stated he's not aware of any staff in our department that's taken the initiative on that point. COMMISSIONER SCHMITT'S inquiry regarding this facility is going to be up on a hill with a single drive access to it, the trail has the potential if approved, if permission can be acquired from the Baptist Mission, to provide some sort of alternate access to the facility and he thinks it's a good idea. SCHMITT said Woody Koning was thinking about starting discussion with the city about having an emergency access through the back of the City Police Station because the elevations are close. It's SCHMITT'S understanding that this facility would replace what is currently in the hospital building now that is deficient that is not adequate for the current state of care for the elderly but not exclusively that need good access to medical professionals 24/7 whereas the existing facility senior housing across from the Senior Center on Erskine is for basically independent living. CONDITIONS OF APPROVAL 1. The legal description (references) of the subdivision shall be corrected to read: Lots 1A -1 & 2A -1 Block 1 Hospital Subdivision. 2. The Kodiak City Fire Marshall shall certify that the access drive meets the minimum requirements of the fire apparatus access road requirements (Section 10.207 of the Uniform Fire Code) of Chapter 15.30 K1BC; 3. The subdivision shall incorporate the existing " Chichenoff Trace Trail" in a manner which does not prohibit or restrict public access or use of the existing recreational amenity. FINDINGS OF FACT 1. This plat provides a subdivision of land that is consistent with adopted Borough plans for this area. 2. This plat meets the requirements of Title 15 of the Borough Code. 3. This plat meets the minimum standards of survey accuracy and proper preparation of plats required in Title 16 of the Borough Code. 4. This plat meets all the requirements of Title 17 of the Borough Code. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY C) Case 13 -010. Request a Manner of Initiation, according to KIBC 17.205.030.B, to rezone Lot 3, Block 4, Port Lions Subdivision, Third Addition from R1- Single- family Residential to PL- Public Use Lands. The 'applicant is the Planning & Zoning Commission and the agent is Mayor Steve Andresen, City of Port Lions. The location is 443 Bayview Drive, Port Lions. The zoning is R1- Single- family Residential. Lydick stated this request for rezone was initiated at the Commission's request, and underscores the'Commission's position that most lands within the Kodiak Island Borough are indeed subject to the Borough's zoning ordinance. The rezone would provide the subject 9/19/2012 P &Z Minutes Page 9 of 13 BOARD OF ADJUSTMENT PAGE 127 OF 130 parcel with the appropriate zoning in order to accommodate the existing public infrastructure facility. The issues of appropriate zoning were brought to the attention of the department by a concerned citizen. The department's out-reach effort resulted in acknowledgement by the City of Port Lions of the zoning over-sight, and a subsequent request by the City for the Commission's intervention and resolution. Thirty-four public hearing notices were mailed on August 8, 2012 and no comments have been returned supporting or opposing the request. This request for rezone has been non-confrontational and uneventful. Staff recommends approval of the rezone, and requests one (1) Condition of Approval. The applicant is required to obtain after the fact zoning compliance for the existing facility. COMMISSIONER VAHL MOVED to recommend that the Kodiak Island Borough Assembly approve the rezoning of Lot 3 Block 4 Port Lions 3rd Addition from R-1 Single Family Residential Zoning District to PL-Public Use Zoning District, subject to One Condition of Approval, and to adopt the "Findings of Fact" in the staff report dated September 7, 2012, as Findings of Fact for Case 13-010. The public hearing was opened & closed: There was no public testimony. CONDITION OF APPROVAL 1. The Applicant is required to obtain a zoning compliance permit for the existing building on the subject parcel, and to pay the appropriate "After the Fact" fee. FINDINGS OF FACT 17.72.020 A. Findings as to the Need and Justification for .a Change or Amendment. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District is needed for the purpose of removing doubt with respect to the property's ability to legally support the existing use. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District is justified because no alternative highest & best use has been presented. 17.72.020 B. Findings as to the Effect a Change or Ame dment would have on the Objectives of the Comprehensive Plan. A rezone from the R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District would be in conformity with the broad guidelines of the applicable comprehensive plan. A rezone from R-1 Single Family Residential Zoning District to the PL-Public Use Zoning District would provide positive reinforcement to the general principle that the Zoning Ordinance should be adhered to even in the case of locations not on the existing Urban Area road system. ROLL CALL VOTE ON MOTION UNANIMOUSLY COMMISSIONER SCHMITT stated in the previous case, page 80 for commissioners, for Lydick this was page 7 of 11 under public comments for Case S13-006, there was a comment from Bob Scholze, Resource Management Officer, about there was some disclaimer language on the plat that he didn't feel was consistent with the borough code and do we need to affirmatively need to vote on that, Lydick stated that's been a topic of discussion for a while and it's unresolved at this point in time. He thinks the departments current position is if Mr. Scholze isn't satisfied with the language on the plat the borough won't sign that plat. They will change the language if they want the plat signed. His decision to resolve the issue that way was because of the concern on parties that this case be moved forward and not to gum up the 9/19/2012 P&Z Minutes Page 10 of 13 BOARD OF ADJUSTMENT PAGE 128 OF 130 works because of a legal dispute between the surveyor and property owner. The easiest way to resolve it is that everyone understands that the plat is not going to be signed if the language appears on the plat. OLD BUSINESS There is none. NEW BUSINESS A) Case 13 -011. Request a disposal review of tax foreclosed property, according to KIBC 18.20.030.A, for property described as Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition. The applicant is the Kodiak Island Borough and the agent is Bob Scholze, Borough Resource Management Officer. The location is 1311 Larch Street and the zoning is R2- Two - family Residential. Lydick stated from time to time, the Borough is required to sell property delinquent on property taxes in order to recover taxes owed as well as penalties and interest. Tax foreclosed property that is not redeemed within the one year redemption period is transferred by Clerk's Deed to the Borough. Following, satisfaction of extensive notice requirements, including certified letters and the physical posting of the property, tax foreclosed property can be sold at auction. The City of Kodiak has declined to exercise their right to redeem the property for taxes, penalties, and interest due as afforded by Alaska State Statute 29.45.450. Due to the advanced dis- repair of the property, the Borough has elected to move forward with the disposal procedure in an effort to minimize the escalation of costs attributable to the onset of winter. This action does not require that a public hearing be noticed. Staff is recommending the Commission find the property ill- suited for a public purpose, and recommends forwarding a resolution supporting the disposal to the Assembly. COMMISSIONER SCHMITT MOVED to adopt Planning and Zoning Commission Resolution No. 2013 -04 recommending disposal of Lot 17, Block 7, Baranof Heights Subdivision, 1st Addition as surplus to the borough's needs and to adopt the findings contained in the staff report dated September 8, 2012 as Findings of Fact for this case. Discussion FINDINGS OF FACT 1. There is no public need to be satisfied in the location of this tax foreclosed property. 2. The property is distressed and in need of repairs but there is no guarantee that any repairs performed by the borough would increase the return on the property at the time of sale. 3. There is a need to expedite the disposal process to sell the property to a qualified purchaser who can determine the best way to go about effecting repairs to redevelopment before change of season damages the property further. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY 13) Planning & Zoning Rep on the Parks & Recreation Committee CHAIR TORRES stated that Casey Janz was the P &Z rep on the Parks & Recreation Committee but with her resignation we need a new representative. He asked if anyone is willing to be the P&Z rep. Smith explained that the Parks & Recreation Committee meets on the 2nd and 4th Tuesdays at 7 p.m. in the KIB School District Conference Room and the meetings don't go any later than 9 p.m. and usually in the summer, their meetings are cut back to 1 meeting a month. 9/19/2012 P &Z Minutes Page 11 of 13 BOARD OF ADJUSTMENT PAGE 129 OF 130 COMMISSIONER SCHMITT said he's willing to be the rep. COMMISSIONER WATKINS MOVED to assign COMMISSIONER SCHMITT as the Planning & Zoning rep on the Parks & Recreation Committee. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A) August 15, 2012 P&Z Results Letters B) Notice of Violation and Order dated August 8, 2012 C) Notice of Violation and Order dated August 16, 2012 D) Notice of Violation and Order dated August 16, 2012 CHAIR TORRES gave an update on the communication items. COMMISSIONER SCHMITT MOVED to accept communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • October 10, 2012 work session at 6:30pm in the KW Conference Room. • October 17, 2012 regular meeting at 6;30pm in the Assembly Chambers. B) Minutes of Other Meetings • July 10, 2012 Parks & Recreation Committee CHAIR TORRES gave an update on the Reports items. COMMISSIONER WATKINS MOVED to accept reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS COMMISSIONER'S COMMENTS Rick Vahl said it was a drawn out case just with the comments coming after the deadline when it's in the bylaws; it confused him. With the facts the commission made a good decision and he thinks Pacific Seafoods will professionally address this and solve it so they will continue to be successful. Bill Kersch said he won't be here the month of October and requested to be excused. Tonight was different and he thinks it was a good outcome. Sonny Vinberg said the first case was difficult. He can agree with the people in favor but it is incumbent on the owner to make sure he's in compliance. It's just been drawn out way too long and we need to work to get a parking plan for downtown pushed forward. He received an email this morning that he forwarded on to staff, as a member of the American Institutes of Architects he received an email regarding the Sustainable Design Assessment Team. It's a program to help communities plan for future growth, sustainability, growth in general that encompasses all sorts of things including beautification. He thought it was appropriate that this email carne today being with the current case on the docket. Alan Schmitt said his comments tie in with COMMISSIONER VINBERG'S and to ask staff to tell us what we can do to get things moving. With the land sale issue it's in the code that we have this specific role and it sounds like things are moving forward. He doesn't see that we have the 9/19/2012 P&Z-Minutes Page 12 of 13 BOARD OF ADJUSTMENT PAGE 130 OF 130 clear task of parking but we should in the context of planning. If it's to seek money to hire a consultant or what but clearly there is a problem down there. Across the street from Sutliffs they put in the retaining wall and created a lot of parking whether it's the section to the right of the ramp and Island Seafoods they haven't done that it won't be cheap to do. It sounds like an option. If there is anything we can do as a commission other than deny variances to move forward on it he'd like to see it happen. Rick Vahl asked if we have the funds for more commissioner training this year. Alan Torres said it's November 10 - 12th and Cassidy sent an email out saying we have money in the budget for it. He wants the commissioners to keep those dates in mind and it's in Anchorage this year at the Captain Cook Hotel. Torres said regarding the variance case tonight, he feels it was a good decision and it does move it on. He also agrees that there needs to be a parking plan for the area. Torres said he doesn't have a problem with going to the assembly work session. With Casey Janz resignation on PAC there are 2 P&Z rep seats on there and since then Sonny Vinberg has come on the commission and he wonders if Vinberg should just be moved over to the P&Z seat since he's on the PAC. Torres' next suggestion would be to remove the Znd P&Z position. Brent Watkins stated he will be here at the next work session but not for the regular meeting in October. Alan Torres mentioned that the commission has a vacant seat with Casey Janz resignation. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES adjourned the meeting at 805 p.m. KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION By: Alan Torres, Chair ATTEST By: Sheila Smith, Secretary Community Development Dept. APPROVED: October 17, 2012 9/19/2012 P&Z Minutes Page 13 of 13 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9310 Fax (907) 486-9391 njavier@kib.co.kodiak.ak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case 13-006 - Requesting a Variance. According to KIBC 17.195, Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) This case is going to be heard before the Kodiak Island Borough Assembly sitting as the Board of Adjustment on Thursday. December 6, 2012 at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to niavierQkodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday, December 6, 2012. All written comments submitted on this appeal shall become part of the appeal record. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection at the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee and, any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Per KIBC 17.225.050 C. The appeal record shall be completed within ten (10) working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request thereof, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within ten (10) working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. E. A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486-9310. Attached are the following: Appeal Hearing Form Appellants Notice of Appeal Case 13 -006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off - Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) Zoning Legend nPublic Use Lands 1.11 Rural Residential 1 1 Much Family Residential - Light Indus'rral ®Watershed - Rural Residential 2 Business j Rural Neighborhood Commercial J Conservation I I Single Farri y Residential Relay Business Urban Neighborhood Commercial Rural Residential [ J Two Family Residential Induslna' Natural Use APPEAL HEARING FORM Case 13-006 - Requesting a Variance, According to KIBC 17.195, Reducing the Required Off-Street Parking From 22 Spaces To 10 Spaces, According to KIBC 17.175.040 (Appellant: John Whiddon.) 0 This written argument is in support of the appeal. fl This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to diavieirakodiakak.us, fax at 907-486-9391, mail or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5:00 p.m. on Thursday. December 6, 2012. AU written comments submitted on this appeal shall become part of the appeal record. BOARD OF ADJUSTMENT September 24, 2012 Nova Javier Borough Clerk Kodiak Island Borough 710 Mill Bay Road Kodiak, AK 99615 PAGE 6 OF 130 CIoW. SEP 2 4 2012,' BOROUuH CLERK'S OFFICE Subj: Appeal of Findings of Fact regarding KIB Case 13 -006 per KIBC 17.225.030 Appellant: Island Fish Co, LLC dba Pacific Seafood Kodiak 317 Shelikof Street Kodiak, AK 99615 Phone: 907 -486 -8575 Fax: 907 -486 -3007 Email contact: iwhiddon @pacseafood.com. Case/Decision: KIB 13 -006 Requesting a Variance, according to KIBC 17.195, reducing the required off - street parking from 22 spaces to 10 spaces, according to KIBC 17.175.040 Physical address: 317 Shelikof Street, Tidelands Tracts N26B & N29B Background Information: Pacific Seafood Kodiak, formerly Island Seafood's, began operations in 1999 at 330 Shelikof Street as a small, seasonal custom processor and retail seafood market. In August 2000, the company purchased the vacant waterfront property at 317 Shelikof Street and continued processing sport caught fish and small quantities of commercial fish. In December 2003, Pacific Seafood Group, a family owned seafood company, headquartered in Portland, Oregon acquired Island Seafoods and began a gradual expansion of the operation to accommodate year round production. Over the past nine years, Pacific Seafood has expanded the business to include salmon, bottomfish, halibut, black cod, Pacific cod and Pollock. The operation continued to service the sport and charter industry and offer fresh and frozen seafood in its market. The growth occurred because Pacific Seafood has large domestic markets for fresh seafood and an extensive export division that specializes in all varieties of frozen seafood. The expansion was necessary to survive in a highly competitive and capital intensive seafood industry. Growth provided economies of scale, allowed the operation to strengthen and improve its workforce and expand . vital services to its fleet which enabled the plant to compete more effectively with the other major processors. The implementation of a cod sector split in January 2012 by the North. Pacific. Fisheries Management Council has changed the competitive environment by allocating fish to various gear types thus changing traditional 'fishing patterns. The October Council meeting will begin 1: BOARD OF ADJUSTMENT l icSea ood. PAGE 7 OF 130 discussions on changes in management schemes for Gulf groundfish. These pending discussions have again changed fishing-patterns as -harvesters-become more acutely We of fhC need to build a record of historical participation in cod and Pollock. These changes have had a direct impact on the production capacity and labor requirements for all processors, including Pacific Seafood Kodiak. The company operates in a highly regulated industry and is well versed in the need and importance of compliance in regulatory matters. It is important to note that the parking issue and subsequent variance were not treated in a dismissive manner, but to the contrary efforts were made to both accommodate the necessary growth and maintain the required off - street parking. To that end, it became apparent that relief was needed in the form of a variance in order to meet the conditions of KIBC 17.175.040. The majority of processing operations and retail businesses along Shelikof Street operate under an exemption for non - conformance or "grandfather clause" with regard to parking. It is assumed that the economic potential of the growing seafood and support industries outweighed the need to impose standard parking requirements that would have constrained the growth of the seafood industry. Grounds for the appeal: The following comments pertain to the Planning and Zoning Commission Findings of Fact dated 21 September: 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. Staff concludes: "Historically, the site has been able to provide ample off-street parking in compliance with the parking code without the need for variances or satellite parking arrangements. As noted in the petitioner's application, however, it is the increased intensity of the current use for seafood processing and the changes that occur to that industry periodically which has driven the need to maximize the use of the site for seafood processing. The petitioner has not clearly identified exceptional physical circumstances or conditions applicable to City Tidelands Tract N26B and N29B or the intended use of development on same which do not generally apply to other properties in the same land use district." We dispute this finding for the following reasons: 1. Staff made an error in calculating the required parking spaces for this property. The records show that Staff calculated the need for 17 parking spaces and issued a Zoning Compliance Permit (Enclosure A: CZ- 2007 -002) to allow construction and alterations to the property based on that number. The permit issued in May 2012 adjusted the parking requirement to 20.26, rounded up to 21 (Enclosure B: CZ2012 -79). The calculation was 2 BOARD OF ADJUSTMENT j� icSea ood. PAGE 8 OF 130 not based on an increase in square footage, rather was due to a Staff error when they failed to factor in the upstairs storage loft. The variance request should have stated "reducing the required off- street parking from 21 spaces to 10 spaces, according to KIBC 17.175.040 ". Nowhere in the records does there indicate a need for 22 parking spaces. As a result of the initial determination that 17 spaces were required, infrastructure was built and parking was identified for 17 spaces. Staff is correct in stating we were able to provide ample parking without the request for variances. The combination of the growth in processing activity and the requirement to meet a retail parking standard in an industrial environment have made it impossible to meet the standard, plus the new requirement for the three additional parking spaces. 2. Staff states the petitioner did not identify exceptional conditions which do not generally apply to other properties in the same land use district. The fact is that other properties operate under an exemption from non - conformance with regard to parking that permits other businesses to operate with zero or minimal off-street parking. This condition creates an unbalanced playing field and puts an excessive burden on the conforming properties. 17.66.050 A.2 Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Staff states the following: "There is substantial area on the site which is sufficiently devoid of building developments so as to accommodate the required off-street parking. It is only because this area is being used for outdoor storage and industrial activities that the petitioner is unable to provide the parking required by code. The petitioner has not indicated why at least some of the outdoor storage and equipment could not be relocated to another off-site." We dispute this finding: 1. The word "substantial" pertaining to the available space on the property is an opinion, not a quantifiable fact. It is an opinion rendered without working knowledge of the day to day operations of the facility. The plant was built to the maximum limit to accommodate 18 parking spaces. Staff is correct in stating that "this area (outdoor area) is being used for outdoor storage and industrial activities that the petitioner is unable to provide parking required by code." These are normal activities at all fish processing facilities. This outdoor space is entirely dedicated to offloading, sorting, grading and storing fish — the industrial activities noted above. Space must also be provided for the storage of totes of waste fish and room provided to allow access by Bio Dry to receive solid fish wastes. 2. Staff did not inquire as to the use of the outdoor storage containers. The vans parked against the fence closest to the breakwater are bait vans. Storing these vans off -site would create undue hardship since they are used continuously in servicing the fleet. The BOARD OF ADJUSTMENT PAGE 9 OF 130 additional equipment referenced is a combination of fish totes and offloading conveyors and sorters — all of which need to be kept on -site. Borough code 17.175.070 H 1, Table 5 specifies a 9 x 18 foot parking stall with a 24 foot aisle width for 90 degree parking. The facility is able to maintain five standard parking spaces in front of the retail store and five mobile container vans that count as five spaces for a total of ten spaces. The additional spaces were intended to be located in the outside yard referenced by Staff. Compliance with the parking standard per 17.175.070 Hl, Table 5 results in a parking space requirement that is in effect 9 feet wide by 42 feet long or 378 square feet per vehicle. Eleven spaces would occupy a minimum of 4100 square feet; which is a large portion of the outside yard. (See enclosure C) The allocation of this space would severely restrict the operational capabilities of the plant and create extreme hardship. The plant must have the ability to offload and sort fish or it cannot function. The suggestion had been made that the plant could reduce its operation by some percentage to accommodate parking. The outdoor area is critical to the successful operation of the plant. Without the ability to offload and sort fish, the plant would be forced to shut down, resulting in the layoff of 90 employees whose wages have totaled over 9.7 million dollars since 2008. Additionally, in the same period since 2008, the plant has contributed over 1.9 million dollars in fish taxes. Comments were made that other processors could absorb the employees and the fish. These comments do not address the potential loss of a processor that has invested heavily in Kodiak for over thirteen years to provide an alternative market for our fishermen. Staffs conclusions about ample space and off -site storage opportunities are erroneous and entirely without merit and reflect limited understanding of the operational requirements of the seafood industry. 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. We concur with Staff's conclusions that there is a "substantial lack of parking in the overall area" and "many of the business establishments across Shelikof Street are themselves nonconforming due to changing code standards or have themselves been recipients of relief by variance on a case -by -case basis." Pacific Seafood Kodiak recognizes that the Planning & Zoning Commission operates from a narrow set of parameters framed by the Borough Code. While exceptions have been made (i.e. Convention Center), they typically operate in a "black and white environment." The issues before us are not black and white as there are many establishments that are nonconforming. Two points are relevant to this section: 1. It is fact that many of the businesses on Shelikof Street operate under an exemption of nonconformance. By way of example, the building located at 328 Shelikof Street operates under an exemption of nonconformance and has zero off-street parking. Several 4 BOARD OF ADJUSTMENT Pau Icsea ood. PAGE 10 OF 130 new business ventures have recently started within this building yet the requirement to add parking remained unchanged. We have no dispute with this fact nor the businesses themselves, but point out the inequity of the ordinance system that provides a competitive advantage to one business over another. 2. The Borough operates under a complaint driven system with regard to ordinance compliance. We find this system to be unfair and inequitable because it provides opportunities for individuals to vent and raise spurious complaints that occupy staff time. In the meantime, businesses exist that are nonconforming but the nonconformance is unaddressed until a complaint is brought before the Borough. We believe that the roles and responsibilities of the Borough Code Enforcement Officer should be reviewed to ensure that compliance and noncompliance issues are managed proactively versus the current reactive, complaint driven system. 17.66.050 A4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. We support Stab's conclusion that the granting of a variance would not be detrimental to the objectives of the Comprehensive Plan with regard to its support of the seafood processing users. We disagree with the finding that "the grant of relief however, should not come at the expense of other general commercial uses in the area, which are similarly encouraged to succeed by comprehensive plan goals and objectives." Pacific Seafood Kodiak has neither the desire nor intent to disadvantage neighboring business. The company began as a small business and continues to actively support the business development principals and philosophies of the Kodiak Chamber of Commerce. Conversely, as a result of the Borough's imposition of a dual standard of conformance and nonconformance, there is an inequity in opportunities to business growth and development. The Borough has created an artificial barrier that is not universally shared, and therefore results in an unequal playing field for business growth and development. 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 seafood industry is extremely dynamic and requires constant adjustment to global market demands, technological changes, harvesting patterns, fisheries regulatory changes, logistical challenges and competitive conditions. Alaska's coastline is littered with abandoned canneries which failed to adjust to the changes in markets, technology and operating environments. Pacific Seafood Kodiak has grown and adapted to survive in Kodiak's seafood industry. It is only recently that the parking requirements conflicted with operations. The company has paid out $12,000 dollars in the past twenty four months for damage claims to vehicles parked in the yard. It is simply unsafe to consider parking vehicles in a standardized fashion in an area of heavy industrial activity. Pacific Seafood's ability to meet the parking requirements has been exacerbated by Staff's error that established parking at 17 spaces and after the fact, increased to 21 spaces after the footprint 5 • BOARD OF ADJUSTMENT PAGE 11 OF 130 of the plant had been established. This fact contradicts Staffs statement that it is "the responsibility of the land owner to control and manage the site layout and utilization." The public relies upon Staff to make the correct computations on parking and should not be held responsible for their errors. SUMMARY In summary, Pacific Seafood Kodiak appeals the September 19, 2012 findings of the Planning and Zoning Commission. We regret that this matter has been protracted and acknowledge that it has occupied an inordinate amount of both Staff and company time. We believe that the current ordinance enforcement standards are biased to the nonconforming. A double standard exists regarding nonconformance that creates inequities in the market place. It was apparent at the P&Z hearing that there is support for both sides of this issue. While we believe that the variance is justified and appropriate, Pacific Seafood Kodiak does not desire to place the Borough Assembly in a position where it has to decide between competing businesses. From our perspective, that would be a "lose- lose" proposition. Therefore, we suggest the following compromise to accomplish the overall goals and objectives of KIBC 17.175.040: 1. Provide Pacific Seafood Kodiak with relief from the standard parking requirements for the spaces designated in the operating yard requiring a 9 x 18 foot space with a 24 foot turning aisle. Every processing operation along Shelikof maximizes the use of their available parking by allowing high density parking that permits the maximum utilization of the respective areas. With a similar standard allowing "maximum density" parking, Pacific Seafood could accommodate the parking as specified. (Enclosure D) Pacific Seafood's crew typically works an 8 — 12 hour shift, so there is no need for frequent turnover in parking. During full production, the outdoor area is one of constant motion, where forklifts, totes, trucks, gear, bait etc. are constantly being moved and stacked. The ability to maintain an orderly "big box" style parking lot is impractical, unsafe and unattainable in a fast paced, dynamic seafood operation. Allowing this change in parking standards will meet the overall goal of the Borough to provide offstreet parking, while reducing the demand on Shelikof Street. 2. Since Staff erred in computing the number of required parking spaces, we request to reduce the number required from 21 to 17 per the Community Development's calculations. This is critical since the property has been developed to its maximum extent, based on the 17 space requirement. The additional space requirement constitutes an undue hardship and should be waived to the 17 space requirement. The configuration would be 5 standard parking spaces next to the retail operation; 5 spaces for, the mobile freezer vans and 7 spaces that would be configured under the high density parking concept. (Enclosure D) 6 BOARD OF ADJUSTMENT PAGE 12 OF 130 Our recommendations could be considered as a new variance request. However, in the interest of all parties, we believe that the Borough should take the lead in this matter and bring this parking issue to conclusion. Pacific Seafood Kodiak appreciates the Mayor and Assemblies time and attention to this matter and we remain committed to conforming to Borough requirements and assisting with developing a long term solution to the Shelikof Street parking conundrum that will benefit all users along our waterfront. Respectfully, John Whiddon General Manager Pacific Seafood Kodiak Kodiak, AK Cc: Aimee Kniazowski, Kodiak City Manager Pat Branson, Kodiak City Mayor Mike Okoniewski, Alaska Operations Manager, Pacific Seafood Group Enclosures: A. Zoning Compliance Permit CZ- 2007 -62 B. Zoning Compliance Permit CZ- 2012 -79 C. Existing parking plan showing turning radius requirement D. Suggested modified parking plan with combination standard and high density parking 7 ...- w: T 1 G COMPLIANCE PE t 1; BOAR �� �- �EDJUST � ` � � �'3°r(�F 130 Permit # (.. >7 -_(, f.. Kodiak Island Borough, Community Development Department, 710 Mill Bay Road (Rm. 205), Kodiak, AK 99615 - PH(907)486 -9362 Fax(907)486 -9396 http: / /www.kib.co.kodiak.ak.us Required Applicant Information: e 1. Property Owner /Applicant: .,t {'. y " . _�, !? 1:4 P120...'.. ` _ Mailing Address: , f Ptak? z, ;�¢ '= 5' % ,4u) / ,ik.._ Phone: 6 ' �S 6 2. Legal Description: 1,-i '.77 41 l:-1 1` -r2e7— --x0 -- Street Address: ( " ( ,"511-07-1 rte, 3. Description of proposed action: ,VF,if ' `i cec: 7_.© ! eS "7 eki4 - t ,D '-., 4. Site Plan (page 3 of 3 of this application): to include: Lot boundaries &- existing easements, proposed location of all buildings, access points &vehicular parking areas. STAFF WILL PROVIDE YOU WITH A COPY OF THE APPLICABLE CODE SECTIONS THAT APPLIES TO YOUR DEVELOPMENT ACTIVITY Zoning District 0 Parking Requirements 0 Solid Waste Removal Requirements p STAFF COMPLIANCE REVIEW Current Zoning: ! - %N b Parcel No. R Required Lot Area: O,OO, li Required Setbacks: Front: Side: P.O` Rear got Building Height: SLi (Setbacks other than zoning district standards to be noted on the attached size plan) 5. Number & size of parking spaces required: ;66 �, P(r t;j 6. Off -street loading requirements: Plat/subdivision related requirements (e.g. plat notes, easements, subdivision conditions, drainage plan review, etc.) Other Require ents (e.g. zero lot line, additional setbacks, projections into yards, screening, etc. ACMP Policies: Res. ❑ (' Ind. ❑ Other ❑ Consistent with KIB CMP: YesI2 "Non Attachment: Yes❑ No❑ e:,c, w ry Zonin - CpmplianEe Pe lee Pa lain- Caskiges-Office o f 84:8/1n #,IA4 ( Assembly 12411 4n . itittaR3.75 acres Laylgi 1.76 t acres 560.00 5.01 to 40.00 acres 590.00 40.01 acres or more 5120.00 Construction Disposal Deposit Payable-1n Cfisitter's 01rcc moo- llom / Fee Schedule: (per 1(111 Assembly Resolution Eff. July 1, 2005) Less than 250 sq. ft. 5250.00 251 to 500 sq. ft. SSD0110_. 501 or greater sq. ft.' S� 1000.00 • L- t; • BOARD (Page 2 oil) FORM DOES NOT AUTHORIZE CONSTRUOTOP4E1133N A BUILDING PERMIT IS REQUIRED **EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced. for a period of 180 days. Before itich work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 Utle) per KIBC.17.03.060. 1. Subd. Case #: Plat #: Bldg Permit 2. Driveway Permit (State, Borough, City) by/date: 3. Applicant Certification: 1 hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place in the field for verifiatioi of setbacks. By: Date:, Title: ety) Supporting documents attached (check one): Site Plan: As-Built Survey: 0 Other (List): 4. Comijjunity Deyelppment Department B 5. Fire Marshal (UFC) by/date: 6. Septic System Plan Approved by/date: Title: This e mit is ONLY for the ro sosed ro'ect as described b the a 11 licant. If there are any changes to the proposed project, including its intended use, rior to or durin its sitin construction or o s eration contact this office immediately to determine if further review and approval of the revised project is necessary. BOARD OF ADJUSTMENT. . E„.T • , • ‘2'. t— • *- • .. -. • • 1-*PAGE 1:5 OF 130 41" ":„..).7..) 19 67' ..57: PAUL WARI3OCZ fa L96- .2 'ISO ilk-qett 92G = — r'-4 4. - tc. 21.5. BOARD OF ADJUSTMENT Kodiak Island Borough Community Development Department 710 M111 Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Zoning Compliance Permit Print Form i IIlti�llll6n 14846 Permit No. CZ2012 -79 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc: Legal Description: Street Address: The following information is to be supplied by the Applicant: Island Fish Co. LLC 317 Shelikof 486 -8575 Subdv: ATS 317 Shelikof Block: 26B Lot: 298 Use & Size of Existing Structures: Processing Plant with Retail component Description of Proposed Action: Installation of Exterior stairway to second floor portion of plant. Processing plant is located on two parcels Tract 29B and Tract 26B Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Industrial KIBC 17.105 PROUD 14846 Lot Area: 2 lots at .69 and .75 ac Lot Width: Not Applicable Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 21 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? N/A eNGCoS .1121- If YES, do you have an EPA Return Receipt of Notification? "Permitwill not be issued until rece pt is submitted raffia" N/A BOARD OF ADJUSTMENT PAGE 17 OF 130 Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. Bld'g Permit No. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that l have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? As -Built Survey Date: May 16, 2012 List Other: Signature: Parking Plan This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at anytime, after the work is commenced, fora period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Explratlon.1997 UBC) per KIBC 77.15.060A.*" CDD Staff Certification Date: May 16, 2012 7..41 CDD Staff: Bud Cassidy Payment Verification Zoning Fee Payable in Cashier's Office Room # 104-Main floor of Borough Building may, 16., 10 , Koala 6r li '{ $0.00 r $30.00 ✓ $60.00 ✓ $90.00 r $120.00 Not Applica Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: After- the -Fact 2X the published amount ✓ " $0.00 ✓ $60.00 ✓ $120.00 r $180.00 ✓ $240.00 Building Square Footage Total = 14,180 Parking Calculation (14,180 / 700) = 20.26 Parking Spaces Required = 21 (20.26 rounded up) ' PAGE 18 OF 130 BOARD OF • susL,1KOF. _ . STREET autxmrwo 61'17010 "114 ST. PAUL HARBOR 2/5.03 Building Square Footage.Total = 14,180 Parking. Calculation (14,1801700) =10.26 Parking Spaces Required = 21 (20.26 rounded up) PAGE 20 OF 130 /a/e-- ( C2..-Za,z A 7u,S Uarl On a (Q� g �_ Public Hearing Items 7- cry - ---I, Current P & Z Case P &W Investments Request: A variance to allow the reduction of parking from 17 to 10 Location off - street parking spaces; and, review of an alternative parking # 11 -011 arrangement for relocating two (2) off street parking spaces from LLC Tracts N26 -B and N29B, City Tidelands to Lot 18, Block 3, New Kodiak Townsite Sub. 216 ' b, 0 211 4DP • 310 N 0 22 •v P ' . a 2 20 c err O v b. ,• �; 236 2C Q' Al . .-.•%. D 9, , , , 1 02. ,.. ,,,„ OP �,. �, 30� �,P t> Z 3, 1 A 3'2-'4'3'2.° 3p1 �p 412 410 26 r30 3 0,N4 t:\ fir` (1, 57- A (L 336 5 r5 Ca � i -, 33• CO 420 • COQ- NC6 '. '. ' 519 31, CO co t.P 02. 325 Z <- '''' / 320 0 2 N ANA p19 2 4 `- 011 4 X0 4 0 4 tr.. 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Case No. 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -8 sc* \see Case No. 11 -011 Introduction Page 2 of 4 Public Hearing Items 7 -B Case No 11 -011 Introduction Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department Re ueet: Variance tollowion in the number of Current Zoning 4 IP & Z Case # 11 -011 required off - street parking spaces from 17 to 10; and, &W Investments LLC Review of an alternate parking arrangement that would allow up two parking spaces to be relocated from Tracts N26 -B and N29- to Lot 18, Block 3, New Kodiakiownsite Sub. ilk AM& r sw. ,� T, �� �� 355 �P 87.5 175 I 1 1 1 i i r l Feet nj Zi- CJ 30 COQ. P q 3 313 h \ > L!O ! 33: C5°�P 0322 32 A • A 322 32 I1 410 .32 2 N `1/ 332 330 ti 336 6) 338 31I Go `L 319 m N a�2 323 N Z A N a e,19 Z KA 1I Zoning Legend Business Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation 11 Natural Use Two Family Residential Rural Residential / %// Split Lot Zone Industrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No 11 -011 Introduction Page 3 of 4 Public Hearing Items 7 -B OS\ \st, \OCse Case No. 11 -011 Introduction Page 4 of 4 ,2r �Var�OnCc /Q uee- A n _ . Public Hearing Items 7- r cI l `.1.-v' U 11 Reques . ariance to allow the reduction of parking from 17 to 10 Current Location off- street parking spaces; and, review of an alternative parkin P & Z Case # 11 -011 arrangement for relocating two (2) off street parking spaces fro P &W Investments LLC Tracts N26 -B and N29B, City Tidelands to Lot 18, Block 3, Ne" Kodiak Townsite Sub. 216 • r�0 • 2\1 <'Ye- 3\0 ,\0 222 ... '2 C� NAP Co + i. • 6-•• N n) 20� 11 C— 2 1 A a 236 20 p12 A/ •� 1' r b 0• 3• $ t ` N 5 p -o 27 5 � A • 57937° 3p\ ago Ix � rLO 2,,,,(\ ZA A - rl, r/, ,3A '33 xA 3 L 63 �Q ' • n �, 3 V ' A'D`Z ,2'3 P 7 325 AN- C> , L^ 0Q? r Kodiak Island Borough GIS System S 0 125 251' 500 75C 1,000 Feet Thus map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907)486-9333. Case No 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -B \te o .C(Cs Case No. 11 -011 Introduction Page 2 of 4 Public Hearing Items 7 -B Case No. 11 -011 Introduction Page 3 of 4 Kodiak Island Borough Zoning Map Community Development Department w, Al& NW Current Zoning Request: Variance to allow a reduction in the number of P & Z Case # 11 -011 required off - street parking spaces from 17 to 10; and, ill P &W Investments LLC Review of an alternate parking arrangement that would allow up to two parking spaces to be relocated from Tracts N26 -B and N2 to Lo 18, Block 3, iak Townsite Sub. 6 �Y.I I' (��`NZ R'ie .• ^u D Q �5) 0 87 5 7I r r Feet �p,1`2- (TPA 12 L C-‘ s\ �� OP 31b DS ` 30.. 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Case No. 11 -011 Introduction Page 3 of 4 Public Hearing Items 7 -B 0\4° Case No. 11 -011 Introduction Page 4 of 4 M1' 7usvar,one (Q ui Public Hearing Items 7-BV lr t 1' IAG� tT F3/-C Request: A variance to allow the reduction of parking from 17 to 10 Current Location off- street parking spaces; and, review of an alternative parking P & Z Case # 11 -011 arrangement for relocating two (2) off street parking spaces from P &W Investments LLC Tracts N26 -B and N29B, City Tidelands to Lot 18, Block 3, New Kodiak Townsite Sub. 216 - • *�•�`� 211 �P • 310 .4 N0 22 •v Z- rb NAP R , cit 220 , • �� !i ' ^H 23 20 a� /�dl cs - ^o °D `LSO ',`b f -��'" ro h �� 326; -. rb- a .ri '• a12 ,, <0 _ 0♦ 1: Cr Coy 316 r 30 b. (n `b N o c0) 22 �A 322 32 301 % a10 i C. 412 326 a' a �N. rLV 332 P0.'E� Q- `l`ti 3336 33a • D� �0 ^P �� 33• 7 Cr °�P. 31� CIO ago •, n rl 319 q� N k, 0- 323 cr 2 7 325 \''325 .'z �� AN- A1 2 cJ\*' 61'1 621 1/ C) JN 9s. Kodiak Island Borough GIS System �JA� O — Trio S 0 125 250 500 750 1,000 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 11 -011 Introduction Page 1 of 4 Public Hearing Items 7 -B Case No. 11-011 Inlroduclion Page 2 of 4 Public Hearing Items 7 -B Case No 11 -011 Introduction Page 3 of 4 __ 4: Kodiak Island Borough Zoning Map Community Development Department ,, ,t NW urren onmg Request: Variance to alloweduction in the number of P & Z Case # 11 -011 required off - street parking spaces from 17 to 10; and, • P&W Investments LLC Review of an alternate parking arrangement that would allow up to two parking spaces to be relocated from Tracts N26 -B and N2 - to Lot 18, Block 3, New Kodiak Townsite Sub. MIllat �`` ®A )� z'�� .J �O 3� p� �NP' 87.5 175 350 Feet 312 /�`�� ��Pa <2 2 DAP �� ° 1a <'. 30; 30 0 h ' 0 CO 322 32 ■ `�� 32 h� �- $41).‘ • DO 02 Q �� 328 32 • N�� �� X36 3332 6) 3303 P.. 3� 3 "\- co `l� 9 CO cv co 31 tx\2 323 cv Z 3`P rn Z cv 0 Z 4/5' \-\N 4/5' Zoning Legend Business 11 Light Industrial Single Family Residential Retail Business Rural Residential 2 Conservation 11 Natural Use Two Family Residential Rural Residential = Split Lot Zone Industrial Public Use Multi Family Residential Rural Residential 1 This map was prepared from the Kodiak Island Borough's GIS System. If is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does riot represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No 11 -011 Introduction Page 3 of 4 r`� Public Healing Items 7 -B tic\ se 4se a Case No. 11 -011 Introducfion Page 4 of 4