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EAST ADD BK 55 LT 6 & 7 - VarianceRichard H. and Kandi Powell Box 2074 Kodiak, AK 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 9, 1989 RE: Request to determine the applicability of a variance (Case 87-062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one-quarter (9.25) feet into the nineteen and threequarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. This letter is a follow-up to the letter sent July 23, 1989 informing you of the Planning and Zoning Commissions action regarding the above referred case. What that letter did not say however, is that you are still required to obtain a new zoning compliance for the additional construction. We would appreciate your attention to this matter at your earliest convenience. If you have any questions about this requirement, please give me a call. -412-J Duane Dvorak, Associate Planner Community Development Department CL: Ii-Y-4- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION SPECIAL MEETING - JULY 26, 1989 MINUTES I. CALL TO ORDER The Special Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Tom Hendel on July 26, 1989 in the Borough Assembly Chambers. 11. ROLL CALL Commissioners Present: Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Jody Hodgins Mary Lou Knudsen Others Present: Linda Freed, Director Community Development Department Patricia Miley, Secretary Community Development Department A quorum was established. 111. APPROVAL OF AGENDA Staff reported the following additions to the agenda: AGENDA DELETIONS IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of June 21, 1989 AGENDA ADDITIONS VII OLD BUSINESS IX A) Findings of Fact for a request to determine the applicability of a variance„(Case 87-062),', permitting a twenty-four by twenty-four (24 x 24) foot gar4� addition to project nine and one-quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front—yard-setback to distance.less than the permitted garage._Lots 6 and 7, Block 55, East Addition', 1720 - 1722 Rezanof Drive East. (Richard H. and Karldi Poviell/Scott Arndt) (Deferred from the July 19, 1989, regular meeting.) COMMUNICATIONS A) Memorandum dated July 21, 1989, to All Borough Departments from Linda L. Freed, re: AutoCad System Priorities and Wetlands/Drainage Mapping Project (with attachments). ° 2. That the conditional use fulfills the other requirements of this chapter pertaining to the conditional use in question. The proposed use fulfifls all other requirements 01 Chapter 17.21. (Business District) if the variance for off-street parking is approved prior to granting of this conditional use perrnit. O. That granting tho conditional use permit will not be harmful tothe public health. safety. convenience, and comfort. The proposed use will not significantly increase traffic in the area. The proposed use will not be harmful to the public health, safety, cnnvenianoe, or comfort if all building, fire, and plumbing codes are met in the process 01 building a second story businoss and residential addition. Locating the apartment at the rear of the building will minimize exposure to potential tsunami run-up. 4. That sufficient setbacks. lot area buffers. or other safeguards are being provided to meet the conditions Iisted in subsections A through C of this section. Setbacks and minimum lot area are not applicable in the 8— Business Zoning District. As noted in the Kodiak Island Borough Coastal Management Applicable Policies, the existing structure is located in a long established business area where buffers have not been required and are not applicable. Other safeguards which are required by Borough Code will be maintained, where applicable through the zoning compliance and building permit processes. VII. OLD BUSINESS — - ` A) Finanai Of Fact for a reques to determine the applicability of a variance UCase 87'062). permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one-quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7. Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi PoweI/Scott Arndt) COMMISSIONER KNUDSEN MOVED TO ADOPT the findings contained in the memorandum dated July 24, 1989 as "Findings of Fact" for the Commission's determination (Item V'A, on the July 19, 1989 regular meeting agenda) that a variance (Case 87-062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one-quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to adisbanoe less than the permitted garage on Lots 6 and 7, Block 56, East Addition. The motion was seconded and CARRIED by unanimous voice vote. There was no further old business. VIII. NEW BUSINESS There was no new business. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JULY 19, 1989 . CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Tom Hendel on July 19, 1989 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Tom Hendel, Chairman Bruce Barrett Wayne Coleman Jon Hartt Robin Heinrichs Mary Lou Knudsen Others Present: Linda Freed, Director Community Development Department Duane Dvorak, Associate Planner, Community Development Department Patricia Miley, Secretary Community Development Department Commissioners Absent: Jody Hodgins, Excused A quorum was established. III. APPROVAL OF AGENDA Staff reported the following additions to the agenda and deletions: AGENDA ADDITIONS V AUDIENCE COMMENTS AND APPEARANCE REQUESTS A) Request to determine the applicability of a variance (Case 87- 062), permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one-quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front- yard -setback to a distance less, --than -the-, permitted garage. 'Lots _ 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell/Scott Arndt) VI PUBLIC HEARINGS K) Case 89-041. Request for an exception from Section 17.24.010 (Permitted Uses) of the Borough Code to permit the use of an existing apartment as a single-family dwelling in addition to a previously permitted caretaker/watchman's dwelling in the I--Industrial Zoning District. Lot 3, Block 4, Tract A, Bells Flats Alaska Subdivision; 346 Sargent Creek Road. (Kodiak Livestock Cooperative; K. M. Burton; DeWitt Fields) Page 1 of 18 P&Z Minutes: July 19, 1989 IX COMMUNICATIONS C) Two letters dated July 10, 1989, from Joel H. Bolger, one to Linda L. Freed and one to Kurt LeDoux, re: Kodiak Island Borough vs. Kurt LeDoux and Gabrielle LeDoux. D) Letter dated July 13, 1989, to Charles Hollister from Jennifer L. Roberts, District Hydrologist, Alaska Department of Environmental Conservation (with attachment). E) Letter dated July 14, 1989, to Peter and Diedre Bailey from Bob Scholze, re: Portion of Lot 18A, U.S. Survey 3100. F) Memorandum dated July 17, 1989, to Linda L. Freed from Robert MacFarlane, Facilities Coordinator, re: Subdivision Packet Comments. G) Letter dated July 19, 1989, to Dave Crowe from Tom Hendel. H) Ordinance 89 -18 -0 adopted by the Kodiak Island Borough Assembly on July 6, 1989, re: Title 16 Amendments. AGENDA DELETIONS IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of June 21, 1989 X REPORTS B) Report on Final Plats COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the additions and deletions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING There were no minutes of the previous meeting (June 21, 1989). V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS SCOTT ARNDT appeared_ before-- the- _Commission_and_requested a copy of the staff report regarding Appearance Request Item A. Mr. Arndt received a copy of the staff report and expressed support for this request. There were no further audience comments. A) Request to determine the applicability of a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required -front yard setback., to a distance less_than the permitted garage.'l. Lots 6 and 7, Block 55,; East Addition; 1720 r 1722 Rezanof Drive East. (Richard H. and Kandi PowelI /Scott Arndt)- Page 2 of 18 P&Z Minutes: July 19, 1989 A discussion ensued among the Commissioners. It was the consensus of the Commission that the granting of this request was not to be interpreted as a precedent for future administrative policy as this case is unique in character. COMMISSIONER HEINRICHS MOVED TO DETERMINE that a variance granted under Case 87-062, permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one- quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage on Lots 6 and 7, Block 55, East Addition. The motion was seconded and CARRIED by unanimous roll call vote. The Commission deferred findings of fact in support of the decision to the end of the meeting. There were no further appearance requests. VI. PUBLIC HEARINGS A) Case 89-037. Request for a variance from Section 17.19.040A (Yards) of the Borough Code to permit a twenty-five by twenty-five (25 x 25) foot detached garage to project fifteen (15) feet into the required twenty-five (25) foot front yard setback in a R2--Two-Family Residential Zoning District. Lot 17, Block 8, Leite Addition; 1511 Yanovsky Street. (Karen MacDonald) DUANE DVORAK indicated 34 public hearing notices were mailed and 1 was returned, opposing this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: JUDY KENDRICK appeared before the Commission and expressed support for this request. ED SAUNDERS appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT a variance from Section 17.19.040A of the Borough Code to permit a twenty-five by twenty-five (25 x 25) foot detached garage to project fifteen (15) feet into the required twenty-five (25) foot front yard setback in a R2--Two- Family Residential Zoning District on Lot 17, Block 8, Leite Addition; and to adopt the findings contained in the staff report dated July 10, 1989 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. 1007 1,01..1+nr, lo oh. 40 4 non Richard H. and Kandi Powell Box 2074 Kodiak, Alaska 99615 Re: Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 July 28, 1989 Request to determine the applicability of a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance Tess than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell /Scott Arndt) Dear Mr. and Ms. Powell: The Kodiak Island Borough Planning and Zoning Commission at their special meeting. on July 26, 1989, adopted the following findings of fact in support of their July 19, 1989, motion that approved a determination: "... that a.variance granted under Case 87 -062, permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one- quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance Tess than the permitted garage on Lots 6 and 7, Block 55, . East Addition." FINDINGS OF FACT: 1. In this case, the additional encroachments meet, or do not exceed the standards under which the original variance was granted, i.e., line of sight, ability to meet parking requirements, etc. Kodiak Island Borough Richard H. and Kandi Powell July 28, 1989 Page Two 2. Adequate documentation exists which allows the Commission ,to review this case and render a determination without the need for additional staff evaluation. 3. This is an exceptional case and is not to be construed as a precedent for the purpose of future reviews of this kind. 4. No objections to the original request were received by the Commission, indicating no overwhelming public opposition to the project. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the ate. Therefore, the Commission's decision will not be final and effective until ten days following the decision. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department cc: Scott Arndt DATE: TO: FROM: SUBJECT: RE: ITEM VII -A Kodiak Island Borough MEMORANDUM July 24, 1989 Planning and Zoning Commission Community Development Department Information for the July 26, 1989 Special Meeting Request to determine the applicability of a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell /Scott Arndt) BACKGROUND At the regular meeting of the Planning and Zoning Commission, on July 19, 1989, the Commission determined that the above referenced variance applies to other specific structural additions to the same dwelling. The Commission deferred findings of fact until the next meeting, scheduled for July 26, 1989. FINDINGS OF FACT The following findings of fact are suggested by staff based on the discussion of this case at the July 19, 1989 meeting. The findings are listed as follows: 1. In this case, the additional encroachments meet, or do not exceed the standards under which the original variance was granted, i.e., line of sight, ability to meet parking requirements, etc. 2. Adequate documentation exists which allows the Commission to review this case and render a determination without the need for additional staff evaluation. 3. This is an exceptional case and is not to be construed as a precedent for the purpose of future reviews of this kind. Old Business Item A Page 1 of 2 P &Z: July 26, 1989 ITEM VII -A 4. No objections to the original request were received by the Commission, indicating no overwhelming public opposition to the project. APPROPRIATE MOTION Should the Commission agree with the above findings, the appropriate motion is: Move to adopt the findings contained in the memorandum dated July 24, 1989 as "Findings of Fact" for the Commission's determination (Item V -A, on the July 19, 1989 regular meeting agenda) that a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance Tess than the permitted garage on. Lots 6 and 7, Block 55, East Addition. Old Business Item A Page 2 of 2 P &Z: July 26, 1989 Richard H. and Kandi Powell Box 2074 Kodiak, Alaska 99615 Re: Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 July 20, 1989 Request to determine the applicability of a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one- quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage. Lots 6 and 7, Block 55, East Addition; 1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell /Scott Arndt) Dear Mr. and Ms. Powell: The Kodiak Island Borough Planning and Zoning Commission at their meeting on July 19, 1989, approved the following motion: "... determine that a variance granted under Case 87 -062, permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage on Lots 6 and 7, Block 55, East Addition." An appeal of this decision may be initiated by any person or party aggrieved by filing a written, notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Kodiak Island Borough Richard H. and Kandi Powell July 20, 1989 Page Two FIuce to utilize this approval within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain zoning compliance for any construction on the property. The Commission deferred adoption of findings of fact in support of their decision until their August 16, 1989, regular meeting. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department cc: Scott Arndt DATE: TO: FROM: SUBJECT: RE: ITEM V -A Kodiak Island Borough MEMORANDUM July 18, 1989 Planning and Zoning Commission Community Development Department G Information for the July 19, 1989 Regular Meeting Request to determine the applicability of a variance (Case 87 -062), permitting a twenty -four by twenty -four (24 x 24) foot garage addition to project nine and one - quarter (9.25) feet into the nineteen and three - quarters (19.75) foot front yard setback, to other structural additions to the same dwelling which will project into the required front yard setback to a distance Tess than the permitted garage. Lots 6 and 7, Block 55, East Addition; .1720 - 1722 Rezanof Drive East. (Richard H. and Kandi Powell /Scott Arndt) BACKGROUND At the packet review worksession on July 12, 1989, the Planning and Zoning Commission agreed that this request could appropriately be placed on the agenda for the July 19, 1989, regular meeting as an appearance request. COMMENTS Based on a review of the staff report for variance Case 87 -062 (attached), it appears that the variance was granted for the garage addition only, as this was the only portion of the project expected to encroach into the required front yard setback. This action did not change the required front yard setback for this lot. Therefore, other additions to the existing dwelling which would project into the required front yard setback should also require a variance. Although the proposed additions will project into the required front yard setback less than the permitted garage, the additions were not reviewed by the Planning and Zoning Commission at the time the variance was granted and are therefore not addressed in the findings of fact for Case 87 -062. Hence the need for this appearance request, and /or should the Commission require, an additional variance. The garage addition functions similarly to a nonconforming structure. The adjacent property owners may use the actual building line established by the garage addition to Appearance Request Item A Page 1 of 2 P &Z: July 19, 1989 ITEM V-A average their required front yard setbacks. This is permitted under Section 17.19.040 of the Borough Code. The Code does not specifically allow for the consideration of the subject lot in these calculations, whether an existing structure projects into the required front yard setback by variance or whether it is an existing nonconforming structure, yet the Commission has allowed this type of development in the • past. An example is the clinic just down the road from this property. In this case, the Commission allowed the addition out to the existing building line of a structure, under the premise that the addition did not increase the "nonconformity" of the structure with regards to front yard setback encroachment. The question here is primarily one of procedure. The Commission must decide if it is comfortable allowing the permitted variance to encompass the proposed additions to the structure, or if a new variance application must be submitted. APPROPRIATE MOTION Should the Commission agree with the applicant's request, the appropriate motion is: Move to determine that a variance granted under Case 87- 062, permitting a twenty-four by twenty-four (24 x 24) foot garage addition to project nine and one-quarter (9.25) feet into the nineteen and three-quarters (19.75) foot front yard setback, is applicable to other structural additions to the same dwelling which will project into the required front yard setback to a distance less than the permitted garage on Lots 6 and 7, Block 55, East Addition. The Commission should also adopt appropriate findings of fact in support of the decision. 'COMMISSIONER HEINRICHS reported a conflict of interest regarding CASES 87 -060 and 87 -062 and passed the gavel to COMMISSIONER KNUDSEN. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER SMEDLEY MOVED TO table Case-87 -060 for another public hearing at the January 1988 regular meeting. The motion was - seconded and CARRIED by unanimous voice vote. B) CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, Eaet Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff found that findings could be made for either.approval or denial of this request. Regular Session Closed. Public Hearing Opened: ,SCOTT ARNDT, representing the property owner, appeared before the Commission and expressed support for this request. Mr. Arndt presented an aerial photograph of the area to the Commissioners and discussed the setback request stating that the purpose of this request was to create additional parking while not creating a safety hazard. A.diecuesion ensued amongst the Commissioners and Mr. Arndt, with,_ input by Community Development Department staff, concerning possible impacts of the variance upon Rezanof Drive Eaet should it . be widened to four lanes in the future. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single- family residence to encroach nine and one- quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning Dietrict on Lots 6 and 7, Block 55, East Addition and to adopt findings IA through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners concerning the impacts to the public's health, safety, and welfare if the variance was approved. In response to a question from Commissioner Thompson, Mr. Arndt replied that the driveway was not yet completed, that a provision of a turn around was envisioned, and that care parked on the property would enter, traffic going forward. Community Development Department staff noted that Borough Code allows one and two family residences to back onto the driving surface. The, question was called and the motion CARRIED by majority roll call vote. Commissioner Smedley voted "no7r— Planning b Zoning Commission 2 December 16, 1987 Minutes - BUILT SURVEY L ic-fNO 1 hereby certify char 1 hate moneyed the following described property: Lora. Z ifteek 53, e-Asr ADD/72/7N U. S.5 1iA9v:EY Z558-g, Avol.che A 44 s-A-A and that the impartments siosatedthereanare within the property ruses and do not overlap or encroach en the property lying adjacent thereto. that * improrements on property lying adjacent thereto encroach on the preinhat in question and that there we no roadways. trananiw lion lines at other visible easenteno an said property except as ITE Kodiak Island Borough M E M O R A N D U M DATE: November 6, 1987 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJECT: Information for the November 18, ':7 Regular Meeting SA RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) Thirty (30) public hearing notices were distributed on November 2, 1987. Date of site visit: October 26, 1987 1. Applicant: Richard Powell 2. Land Owner: Same. 3. Request: For a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. 4. Purpose: To permit a 24 by 24 foot garage addition to encroach 9.25 feet into the required 19.75 foot front yard setback. 5. Existing Zoning: R1 -- Single- Family Residential 6. Zoning History: The 1968 Comprehensive Plan identifies this area as Residential -R1. A 1975 request to rezone this block to R2 was denied by the Commission (Case '346A). Departmental files indicate no further activity. 7. Location: Physical: 1720 Rezanof Drive East Legal: Lots 6 and 7, Block 55, East Addition 8. Lot Size: 12,800 square feet 9. Existing Land Use: Single - family residential CASE 87 -062 1 NOVEMBER 18, 1987 P &Z 10. Surrounding Land Use and Zoning: North: Lots 1 Use: Zoning: South: Lot 13, Use: Zoning: East: Lot 5, Use: Zoning: West: Lot 8, Use: Zoning: and 2, Block 54, East Addition Single - family residence R1-- Single- Family Residential Block 55, East Addition Vacant PL-- Public Use Lands. Block 55, East Addition Vacant R1 -- Single - Family Residential Block 55, East Addition . Duplex R1 -- Single - Family Residential ITEM V 11. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for Public and Open Space. 12. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.18.050 Yards. A. Front Yard. 1. The minimum front yard shall be twenty -five feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall. -be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required twenty -five foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty -five feet. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining connected to a sewer line facilities shall be designed pollute rivers, lakes, and water supply. . soils, development where feasible shall be . Where this is not feasible, onsite so as not to cause conditions 'that will other water bodies, including the ground Consistent: Yes. The lot is served by public water and sewer. CASE 87 -062 2 NOVEMBER 18, 1987 P &Z ITEM y'r 5A 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not applicable. This action does not involve land subdivision. 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. This lot is not located along the shoreline. 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not applicable. This lot is not located in a "hazardous" area. 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action does not involve any filling or drainage activities. COMMENTS: The purpose of this request is to permit a 24 by 24 foot garage addition to encroach 9.25 feet into the 19.75 foot front yard setback, thereby placing the garage approximately 10.5 feet from the Rezanof Drive right -of -way and approximately 37.5 feet from the curb and gutter. The front yard setback for this lot is 19.75 feet because the main dwelling on the adjoining Lot 8 is 14.5 feet from the front property line and there is an undeveloped road right -of -way on the other side. In order for the Commission to grant a variance, all of the.following conditions must be satisfied. In evaluating whether the request meets all the conditions necessary for a variance to be granted under Borough Code, staff finds that valid findings can be made that both support and oppose the request. Therefore, findings supporting both positions are included for each condition, as follows: CASE 87 -062 3 NOVEMBER 18, 1987 P &Z ITEM f\ A. Findings supporting the request; and B. Findings opposing the request. 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. A. The exceptional physical conditions applicable to the intended use of development in this case are the location of the existing single - family residence, the location of the new addition to the single - family residence, and the topography of the lot on the other side of the existing structure from the proposed garage addition. The placement of the existing single- family residence and the thirty -two by thirty -six (32 x 36) foot addition onto the right side of the single - family residence (permit issued August 4, 1987), means that any standard size garage addition on the right side of the single - family residence will require a variance. Although there is sufficient lot area to construct the proposed garage in compliance with all setbacks on the left side of the single - family residence, the placement of the garage in this location is likely to result in a driveway that exceeds the maximum slope requirement due to topography. B. There do not appear to be any unique physical circumstances applicable to this property that are not also applicable to other properties in the same area. All lots in Block 55 on this side of Rezanof Drive have similar topography and placement of structures. Therefore, a unique physical condition does not exist. In addition, it is feasible to construct a garage on the left side of the existing single - family residence in full compliance with all setbacks. The possible problem with the driveway slope can be overcome by (1) raising the height of the garage, or (2) placement of fill between the garage and the road way edge. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the Zoning Ordinance would require the garage addition to be located 19.75 feet from the front property line. This is an unnecessary hardship when no other structures in Block 55, East Addition on the south side of Rezanof Drive meet the required front yard setback. In fact, the aerial photographs indicate that all of these structures have a smaller front yard setback than the applicant's existing single- family residence. In essence, adherence to the front yard setback requirement along this block is meaningless because no existing structures are in compliance. B. Strict application of the Zoning Ordinance would require the garage addition to be set back 19.75 feet from the front property line. This is not an unnecessary hardship because there is ample buildable area elsewhere on the lot that meets the required setbacks and provides for a larger garage than •desired by the applicant. In addition, the single - family addition has not yet been constructed so the proposed garage could be incorporated into the design of the addition in compliance with all setbacks. CASE 87 -062 4 NOVEMBER 18, 1987 P &Z ITEM 7e -k' SA Based on this flexibility in location, design, and the lack of unique physical circumstances or conditions applicable to this lot specifically, staff believes that no hardship or practical difficulties are created that would justify granting a variance. This is true even though the alternative location would require additional fill or a redesign of the garage. Most importantly, it should be noted that even if the garage is not constructed in the alternative location, no practical difficulty or unnecessary hardship is created. It is not a practical difficulty or unnecessary hardship to do without a garage. . 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. A. Granting of the variance to allow the garage encroachment will not be detrimental to the public's health, safety, or welfare or damaging to other properties in the area. The addition will not impede safe traffic flow or visibility along Rezanof Drive. An approved variance will not be damaging or prejudicial to other properties in the area because all structures in this block encroach into the front yard setback. B. Granting of the variance to allow an encroachment into the front yard setback, in absence of unique physical conditions or unnecessary hardship, will set a precedent that will be prejudicial to other properties in the area and will be detrimental to the public's general welfare. This is especially true given the recent date of the permit for the single - family addition and an available alternative location for the garage. The proposed garage can be designed to be incorporated into the overall additions in compliance with all setbacks. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. B. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the garage addition. B.. In this case, actions 'of the applicant will cause the conditions from which relief is being sought by a variance. Alternative locations for CASE 87 -062 5 NOVEMBER 18, 1987 P &Z ITEM the garage are available to the applicant. The applicant also has the option of not having a garage or designing all additions to the existing single- family residence in a manner that meets all required setbacks. In light of these options, not allowing the garage addition to encroach upon the setbacks is merely an inconvenience and /or financial hardship. Title 29, Alaska Statutes, specifies that inconvenience and pecuniary hardship. are not valid justifications for granting a variance. In addition, the desire for additional garage space should have been. incorporated into the. overall design of the additions, especially when the size of the structures is considered. The existing single- family , residence contains 1,092 square feet and the addition approximately 2,304 square feet. It is solely the size of additions desired by the applicant that creates the need for a variance. This further supports the fact that this hardship is self- created. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single - family residential additions are permitted uses in this. zoning district. B. Single- family residential additions are permitted uses in this zoning district. RECOMMENDATION: Staff recommends that either a recommendation for approval or denial is appropriate and justifiable under the findings presented above. Therefore, appropriate motions for either option are presented below. APPROPRIATE MOTION: . Approval: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single - family residence to encroach nine and one- quarter (9.25) feet into the required nineteen and three- quarters (19.75) foot front yard setback in the R1 -- Single- Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition and to adopt findings 1A through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. CASE 87 -062 6 NOVEMBER 18, 1987 P &Z ITEM V,Y-F. 5k Denial: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit , a twenty-four by twenty -four (24 x 24) foot garage addition onto the front of the existing single - family residence to encroach nine and one- quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single- Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition. Staff recommends that this motion be denied and the following motion made: Move to adopt findings 1B through 6B contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. CASE 87 -062 7 NOVEMBER 18, 1987 P &Z AS UILT LIGTND • = 416 igs c40 e 4,..p„. /m*0/. flea' ,s-cuwey. S e: ereby c4rnfy da t ave sw.ye 4h e ,c.-?c Ecd,•-c* Y: Lora, 7, aZo 4S-1- Apsy7f2N U. 5.5 c■tes<EY 2-5-31?-9, MIDIAK A e and that the imprcreements situated thereonare within the property lines and do not overlap or encroach on the property lying adjacent thereto, that RA improvemenin on property lying adjacent thereto encroach on the premises in question and that there ate no roadways, transmis- sion lines or other visible easements on said property except w indi- cated hereon. Dated this .41.1f'' of 4,7,-f / 19 75/ / ROY A. ECKLUND Registered Land Surveyor D svn by: e„. !Dates - - .9 7 COMMISSIONER HEINRICHS reported a conflict of interest regarding CASES 87 -060 and 87 -062 and passed the gavel to COMMISSIONER KNUDSEN. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing, Closed. 'Regular Session Opened. COMMISSIONER SMEDLEY MOVED TO table Case 87 -060 for another public hearing at the January 1988 regular meeting. The. motion was seconded and CARRIED by unanimous voice vote. 'CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) - of the Borough Code to permit a _ twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into'the required nineteen and three - quarters (19.75) foot 'front yard' setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. ' (Richard Powell) (Tabled from the November Regular Meeting) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff found that findings could be made for either. approval or denial of this request. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT, representing the property owner, appeared before the Commission and expressed support for this request. Mr. Arndt presented an aerial photograph of the area to the Commissioners and discussed the setback request stating that the purpose of this request was to create ,additional parking while not creating a safety hazard. A discussion ensued amongst the Commissioners and Mr. Arndt, with": input by Community Development Department staff, concerning • possible impacts of the variance upon Rezanof Drive East should it be widened to four lanes in the future. Public Hearing Closed. - Regular Session Opened. COMMISSIONER.HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition and to adopt findings IA through 6A contained in the staff report dated November 6, 1987,_ as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners concerning the impacts to the public's health, safety, and welfare if the variance. was approved. In response to a. question from Commissioner Thompson, Mr. Arndt replied •that the' driveway was not yet completed, that a provision of a turn around was envisioned, and that cars parked on the property would enter traffic going forward. Community Development Department staff noted that Borough Code allows one and two family residences to back onto the driving, surface. • The question was called and the motion CARRIED by majority rol call vote. Commissioner Smedley voted "no." - Planning 6 Zoning Commission December 16, 1987 Minutes.; - - • I hereby certify that I have surveyed the following described property: - BUILDING DEPARTMENT - KODIAK ISLAND BOROUGH APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY (APPLICANT TO FILL IN ALL INFORMATION WITHIN HEAVY LINES. PLEASE PRINT, USE BALL -POINT PEN, AND PRESS FIRMLY.) SUBDIVISION /SURVEY LOT NO. BLOCK NO. STREET ADDRESS CLASS AND SCOPE OF WORK NEW DEMOLISH ALTERATION REPAIR ADDITION MOVE NEAREST CROSS STREET tr Z 0 NAME MAILING ADDRESS USE OF BUILDING SIZE OF BUILDING HGT NO. OF ROOMS NO. OF FAMILIES FLOORS NO. OF BUILDINGS NOW ON LOT USE OF BUILDINGS SIZE OF LOT CITY, STATE TELEPHONE F U W W -Z _0 Z Q W 0 F U H z O U NAME ADDRESS CITY, STATE STATE LICENSE NO. NAME WATER: PUBLIC PRIVATE SEWER: PUBLIC PRIVATE SPECIFICATIONS FOUNDATION TYPE DEPTH IN GND HGT FIN GRADE P.T. PLATE (SILL) EXT PIERS STRUCTURAL SIZE SPA. SPAN GIRDERS JOISTS 1ST FLR. JOISTS 2ND FLR. JOISTS CLG BUILDING PERMIT NUMBER VALUATION: (BASIS) AMOUNT DATE ISSUED BLDG PERMIT FEE PLAN CHK FEE TOTAL INSPECTION SCHEDULE BUILDING FOUNDATION FRAME PLASTER /BD FLUES FINAL PLUMBING ROUGH SEPTIC TANK SEWER ELECTRICAL ROUGH GAS FINISH FINISH FIXTURES MOTORS FINAL EACH OF THE ABOVE INSPECTIONS MUST BE REQUESTED AND THAT WORK APPROVED PRIOR TO ANY ADDITIONAL WORK PROGRESSING BEYOND THAT POINT. AS REQUIRED BY UBC SECTION 305. FOR EACH INSPECTION, 24 HOURS NOTICE 15 REQUIRED. TELEPHONE THE KODIAK ISLAND BOROUGH ENGINEERING DEPARTMENT, 4865736, EXT. 273. NOTES: INSTALLATION OF (MINIMUM) 18.INCH BY 20-FOOT CULVERT (5 REQUIRED AT EACH DRIVEWAY ACCESS TO THE PROPERTY. ADDRESS EXT STUDS INT STUDS SANITATION PLAN APPROVAL BY AN ADEC.CERTIFIED INSTALLER I5 REQUIRED PRIOR TO ISSUANCE OF A BUILDING PERMIT WHERE PUBLIC WATER AND /OR SEWER IS NOT AVAILABLE FROM A CERTIFICATED MUNICIPAL SYSTEM. INSTALLER•S PLAN APPROVAL RECEIVED INSTALLER CITY, STATE ROOF RAFTERS TRUSSES STATE LICE ,ISE NO. (FOR OFFICE USE ONLY: CIRCLE) 1. OCCUPANCY GROUP A B E H IM R DIVISION 1 2 3 4 5 2. TYPE OF CONSTRUCTION II I I I I V V FR 1 -HR. N H.T. BEARING WALLS INSULATION, FNDN WALLS ROOF /CLG SHEATHING, WALLS /EXT ROOF FLOOR FINISH, EXT WALLS ROOF FLUES, FIREPL WOOD HTR KITCHEN WATER HTR FURNACE, TYPE I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS APPLICATION, THAT IT IS CORRECT, AND THAT I AGREE TO COMPLY WITH ALL ORDINANCES AND LAWS REGULATING BUILDING CONSTRUCTION. APPLICANT PRIOR TO THE ISSUANCE OF A PERMIT, EITHER THE OWNER OF THE PROPERTY OR HIS AUTHORIZED AGENT MUST SIGN THIS APPLICATION OR GRANT OTHER WRITTEN PERMISSION FOR THE DESCRIBED WORK TO BE PERFORMED. TAX LOT NO DATE OWNER PER OWNERSHIP TRANSFERRED, IN PROCESS, TO: PER CLOSING DATE, DEED RECORDED (BY) APPROVED, BUILDING OFFICIAL PLOT PLAN (A SITE PLAN MAY ALSO BE REQUIRED) REAR PROPERTY LINE SIDE PROPERTY LINE 1 FRONT PROPERTY LINE SIDE PROPERTY LINE STREET NOTE: APPLICANT SHALL SHOW BUILDING SETBACKS FROM PROPERTY LINES, AS PERPENDICULAR DISTANCES FROM PROPERTY LINES TO BUILDING. DIMENSIONS OF STRUCTURE SHALL BE SHOWN ON THE PLAN. ZONING CODE COMPLIANCE ZONING DISTRICT TYPE OF OCCUPANCY NO. OF STORIES TOTAL HGT AREA OF LOT SETBACKS FROM PROPERTY LINES: FRONT REAR SIDE (L) SIDE (R) REQ'D OFF - STREET PARKING C.U.P. OR VARIANCE APPROVED, ZI:NING OFFICER Kodiak Island Borough Community Development Department ''' ,,,✓✓✓ ZONING COMPLIANCE PERMIT 1 . Property Owner /Applicant Zoning Compliance #: 31 3. 12-iCLw4c -[ c -z Name: Mailing address: eNsx 20 Telephone #: _ 4514' — 3E67 r 2. Zoning Requirements for New Construction - Description of Proposed Action (attach site plan) 'I Z / ti rti �� l iJr� Use of proposed structure(s)• 42AL t` ectPt Road acces' S�r= e....vC- pro . C for emer €ncy vehicles: Yes (contact Fire Chief for confirmation) 0 Water supply adequate for public use, institutional use, commercial, and *structures larger than a triplex: Yes (contact Fire Chief for confirmation) Lot area: No ( ) oo ' 1 Minimum setbacks - Front: Sides - Left: Maximum building height Maximum lot coverage: Lot width. Rear: / c / Right 5 14 5 i c:� � w c� G�.� 64-1.>47 �a Legal Description of Property Street address' /3-2-0 R0,3 ^� Lot, Block, Subdivision* Survey, other (e.g. Township /Range)• 610a_ SS— fd`d6[! Tax Code #• iZ 11 Z Qss-00(0 �o,�r� - Q.�_ 4 Description of Existing Property h� dYSJ4- V SA '� Zoning: 121- S�� Minimum Area: -j ZOO Car Minimum Lot Width- Go/ Date 1/ Use and size of existing buildings on the lot residential Al A-- /60/ /0' Date Number and size of parking spaces required^ Nv G�i,ti — O Off - street loading requirement /114— CJ Plat related requirements. Other (e.g. zero lot line, additional setbacks, projections into yards, screening, etc.): • • ct raw -e,Q 1.2r �/k✓: ����, Sr`4'— o 6 Z 7 Borough Staff App Signed: / Title: /)% vj. e Date: / P 2, 244 5. Consistency with Coastal Management Program Applicable policies - Residential: X Business: Industrial. Other �/ Proposed action consistent with Borough Coastal Management Program - Yes: /� No • If proposed action conflicts with Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conflict(s), and notes the condition(s) attsched to the consistency approval to mitigate these conflicts. Attachment - Yes No �C 6. Applicant Certification I hereby certify that I will comply with all provisions of the Kodiak Island Borough Code and that I have the authority to certify this as owner, or representative of the owner, of the property involved. I agree to have corner markers in place for verification of setback Signed: Owner f.Gir al Wei ci Date;(' /Q 7 —'8 Support Documents Attached - Site Plan: As Built Survey: Other. THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Distribution: White to File Yellow to Building Official Pink to Applicant Kodiak Island Borough Community Development Department 710 Mill Bay Road (Room 204), Kodiak, Alaska 99615 -6340. Phone (907) 486 -5736, extension 255. July 1, 1988 Richard Powell Box 2074 Kodiak, Alaska 99615 Z.. Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 August 15, 1988 Re: Case 87-062. Request for a variance. Lots 6 and 7, Block 55, ' East Addition Dear Mr. Powell: As you are aware, the Planning and Zoning Commission granted your request for a variance on December 16, 1987. Section 17.66.080 of the Kodiak Island Borough Code specifies that failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. The purpose of this letter is to remind you that zoning compliance and/or a building permit for your development must be obtained within the twelve (12) month time limit or your variance will be cancelled. Since eight (8) months have already passed from the date of approval of your variance, please contact the Community Development Department as soon as possible so that we may assist: you in applying for the necessary permits. If you desire further clarification, please contact the Community Development Department at 486-5736. Sincerely, Patricia Miley, Secre y Community Development epartment Richard Powell Box 2074 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 December 17, 1987., RE: CASE 87-062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty-four by twenty-four (24 x 24) garage addition, onto the front of .the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November 1987 regular meeting.) Dear Mr. Powell: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 16, 1987, granted your request for the variance cited above and adopted the following findings of fact in support of their decision; 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. A. The exceptional physical conditions applicable to the intended use of development in this case are the location of the existing single-family • residence, the location of the new addition to the single-family residence, and the topography of the lot on the other side of the existing structure from the proposed garage addition. The placement of the existing single-family residence and the thirty-two by thirty-six (32 x 36) foot addition onto the right side of the single-family residence (permit issued August 4, 1987), means that any standard size garage addition on the right side of the single-family residence will require a variance. Although there is sufficient lot area to construct the proposed garage in compliance with all setbacks on the left side of the single-family residence, the placement of the garage in this location is likely to result in a driveway that exceeds the maximum slope requirement due to topography. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. • Strict application of the Zoning Ordinance would require the .garage ,addition to be located 19.75 feet from the front property line. This is Kodiak Island Borough ^ Richard Powell December 17, 1987 Page Two an unnecessary hardship when no other structures in Block 55, East Addition on the south side of Rezanof Drive meet the required front yard setback. In fact, the aerial photographs indicate that all of these structures have a smaller front yard setback than the applicant's existing single - family residence. In essence, adherence to the front yard setback requirement along this block is meaningless because no existing structures are in compliance. 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. A. Granting of the variance to allow the garage encroachment will not be detrimental to the public's health, safety, or welfare or damaging to other properties in the area. The addition will not impede safe traffic flow or visibility along Rezanof Drive. An approved variance will not be damaging or prejudicial to other properties in the area because all structures in this block encroach into the front yard setback. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the garage addition. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single - family residential additions are permitted uses in this zoning district. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. You must first obtain zoning compliance and /or a building permit. Please contact this office for further details. Kodiak Island Borough Richard Powell December 17, 1987 Page Three An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Failure to utilize this variance within 12 months after its effective date shall cause its cancellation. Please bring this letter with you when you come to our office to obtain zoning compliance for any construction on your lot. If you have any questions about the action of the Commission, please contact me. Sincerel Robert H. Ped son, AICP, Associate Planner Community Development Department 0- COMMISSIONER HEINRICHS reported a conflict of interest regarding CASES 87-060 and 87-062 and passed the gavel to COMMISSIONER KNUDSEN. Regular Session Closed, Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. , Regular Session Opened.. COMMISSIONER SMEDLEY MOVED TO table Case 87-060 for another public hearing at the January 1988 regular meeting. The motion was . seconded and CARRIED by unanimous voice vote. B) CASE 87-062.. Request for a variance from-Section 17.18.050 (Yards) of the Borough Code to permit a twenty-four by twenty-four (24 x 24) garage addition onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the RI—Single-Family Residential Zoning District. Lots 6 and 7, Block 55, 'East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff found that findings could be made for either.approval or denial of this request. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT, representing the property owner, appeared before the Commission and expressed support for this request. Mr. Arndt presented. an aerial photograph of the area to the Commissioners and discussed the setback request stating that the purpose of this request was to create additional parking while not creating a safety hazard. A discussion ensued amongst the Commissioners and Mr. Arndt, with input by Community- Development Department staff, concerning possible impacts of the variance upon Rezanof Drive East should it be widened to four lanes in the future. Public Hearing Closed. • Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty-four by twenty-four (24 x 24) foot garage addition onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1—Single-Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition and to adopt findings 1A through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners concerning the impacts to the public's health, safety, and welfare if the variance was approved. In response to a question from Commissioner Thompson, Mr. Arndt replied -that the driveway- was not yet completed, that a provision of a turn around was envisioned, and that cars parked on the property would enter traffic going forward. Community Development Department staff noted that Borough Code allows one and two family residences to .back onto the driving surface. The question was called and the motion CARRIED by majority roll ' call vote. Commissioner Smedley voted "no." 'Planning & Zoning Commission- 2 - - December l6, 1987 Minutes. FINDINGS OF FACT 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. A. The exceptional physical conditions applicable to the intended use of development in this case are the location of the existing single - family residence, the location of the new addition to the single - family residence, and the topography of the lot on the other side of the existing structure from the proposed garage addition. The placement of the existing single - family residence and the thirty -two by thirty -six (32 x 36) foot addition onto the right side of the single - family residence (permit issued August 4,, 1987), means that any standard size garage addition on the right side of the single - family residence will require a variance. Although there is sufficient lot area to construct the proposed garage in . compliance with all setbacks on the left side of the single - family residence, the placement of the garage in this location is likely to result in a driveway that exceeds the maximum slope requirement due to topography. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the Zoning Ordinance would require the garage addition to be located 19.75 feet from the front property line. This is an unnecessary hardship_ when no other structures in Block 55, East Addition on the south side of Rezanof Drive meet the required front yard setback. In fact, the aerial photographs indicate that all of these structures have a smaller front yard setback than the applicant's existing single - family residence. In essence, adherence to the front yard setback requirement along this block is meaningless because no existing structures are incompliance. 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. A. Granting of the variance to allow the garage encroachment will not be detrimental to the public's health, safety, or welfare or damaging to other properties in the area. The addition will not impede safe traffic flow or visibility along Rezanof Drive. An approved variance . will not be damaging or prejudicial to other properties in the area because all structures in this block encroach into the front yard setback. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. • The variance will be decided prior to construction of the garage addition. Planning & Zoning Commission 3 December 16, 1987 Minutes 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single - family residential additions are permitted uses in this zoning district. COMMISSIONER HEINRICHS. returned to the Planning and Zoning Commission. C) CASE 87 -065. Request for a variance from Section-17.18.050 (Yards) of the Borough Code to permit a six by eight (6 x 8) foot arctic entry /mud room addition onto the existing single- family residence to project three (3) feet into the required 11.7 foot front yard setback in .a R1 -- Single - Family Residential Zoning District. Lot 2122, Block 9, Aleutian Homes Subdivision; 620 Hemlock. (Virginia Adams) BOB PEDERSON indicated 86 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO GRANT a request for a variance from Section 17.18.050 of the Borough Code to permit a six by eight (6 x 8) foot arctic entry /mud room addition onto the existing single - family residence to encroach three (3) feet into the required 11.7 foot 'front yard setback in a R1 -- Single - Family Residential Zoning District on Lot 2122, Block 9, Aleutian Homes Subdivision;. and to adopt the findings contained in the staff report dated December 7, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 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. In this case, the exceptional physical condition is the placement of the existing structure on the lot, 14.7 feet from the Hemlock Street right -of -way. Any addition of an arctic entry will require a variance. The house was built in 1950 and during this time arctic entryways were not typically included on structures nor were buildings sited in such a manner as to allow for their addition without encroaching into required setbacks. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other residences in Aleutian 'Homes and surrounding subdivisions have arctic entries. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition of this mud room will not block sight distance on Hemlock Street. A substantial number of other residences in the area have Planning & Zoning Commission 4 December 16, 1987 Minutes KODIAK ISLAND BOROUGH, COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 1987. 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 87-062. Request for .a variance from Section 17.18.050 (Yards) of the Borough Code to parmitza:_twenty-four,by-twentr-four (24-x 24) garage addition onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November-Regular Meeting) DEC 9 1987 UMMUUTV , DEVELOPMENT OHL If you do not wish to testify verbally, you may provide your-comments in the space below, or ina letter to the Community Development Department'prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your Name: C:Ktiailing Address: ZN., Your property description: EaSA7 LOT. in TUX 5-(o Comments: - Nr\RD \Jo ZONING KEY RESIDENTIAL R-! RESIDENTIAL R -2 RESIDENTIAL R -3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL. CONSERVATION PUBLIC USE LANDS .WATERSHED : 5URVE vi.:' Y . : ......... : ........... V z Ts�l lEF , .... LA• NE CASE 87-062 LOTS 6 +7 BLK 55 EAST ADD Richard Powell • LAKE - K SIV►s! .111iNtilliSigi. ibliiiiii N s °y Y a 8AY °�4 °A a°�+�+••d2► •°Q� °a9a.+g o I• . .• . a p qq .• 0 o e a D 1' ° a 11 °Jl . a • D4 . Z O :,‘• • es° O> t a 41%4 " Y a ° ,• O • J S I Y �a ° a• Q ri • D *C Da a ° °• °,°9 �4 °9Y c° v v n e a ° q z V . {3 torkk $' tl k;A • 4 v 4 ° P 9 c' . : > o + 4 u e t r V '. D ' .+ „���• °+ °L• ° v `Q 4 v • ' ° 8 4a. . • • ♦ .1a►• / \ j 1\7 / / / / / / / / i\ / \ —/ \_ / \ / \ ▪ // �j \ /r� /� \ — / (/ % \ ,..,,,,,..\•.„,• / u ;� \_ / \ —, \�/ / / / �� / �% .. / \N.- \ \ . \ • / \"-/ •/ - / / IMMO CHICHENOr REE T EONOFF Eismool- DRIVE CIV, US SURVEY 0739 US SURVEY 3066 A & B US SURVEY 2873 Kodiak Island Borough M E M O R A N D U M DATE: December 3, 1987 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Information for the December 16, 19:7 Regular Meeting RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1 -- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) ITEM VI -B Thirty -two (32) public hearing notices were distributed on December 2, 1987. BACKGROUND This case was tabled at the November regular meeting because both the property owner and the contractor were unable to attend. RECOMMENDATION Given no evidence of revised plans or changed circumstances, staff recommends that the findings and recommendations contained in the November 6, 1987, staff report are still valid for this case. APPROPRIATE MOTION If the Commission agrees with the staff recommendation, the appropriate motion is: Approval: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the RI—Single-Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition and to adopt findings 1A through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. Denial: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition CASE 87 -062 DECEMBER 16, 1987 P &Z ITEM VI -B onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the RI—Single-Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition. Staff recommends that this motion be denied and the following motion made: Move to adopt findings 1B through 6B contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. CASE 87-062 2 DECEMBER 16, 1987 P&Z .. .'.'i'.'.. • . • ▪ .▪ ...*••••••••••••••••••••••••• ..... ;t:c • ........................ aure ................... . ................ ........................ .................... CJ ::T RAC T:. • • , IEF r1 • pNE t •'•'* • • • • • • .1.1:: :• :�: CASE 87 -062 LOTS 6 +7 BLK 55 EAST ADD Richard Powell ZONING KEY RESIDENTIAL R -t ..q3 RESIDENTIAL ;;RESIDENTIAL RURAL..:RESIDENT.1 • 4cr 'A REETW z w a v 4 v •• 4 4 * • 4 , v 4'4 4 49 P C O 4 4° v 4 v v P 4 O yC A 4-z; • e v y b'v 4 CHICHENO REMO NEVa '� .) ' EET Para wouraitto gm IMINMS1 :MOM KJENF 4 \\ -/\ 4\ 7t ;\ / DRI VE US SURVEY 2873 C US SURVEY 2739 US SURVEY 3066 A 8 8 F) CASE 87-062. 'Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty-four by twenty-four (24 x 24) garage addition onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) BOB PEDERSON indicated 32 public hearing notices were mailed for this case and none were returned and that the contractor requested that this request be tabled. Staff found that findings of fact for either approval or denial of this request could be made. COMMISSIONER HEINRICHS declared a conflict of interest and passed the gavel to COMMISSIONER ANDERSON. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL MOVED TO TABLE Case 87-062 for another public hearing at the December 16, 1987 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. G) CASE 87-063. Request to rezone a 17,374 square foot Portion of 6t 10, Block 2, Lakeside Subdivision from PL--Public Use Lands to I--Industrial in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision proposed for rezoning is located between the Municipal Airport and Lots 1 through 5, Block 2, Lakeside Subdivision, which front on Selief Lane. (Kodiak Island Borough) BOB PEDERSON indicated 18 public hearing notices were mailed for this case and none were returned. The Resource Management Officer recommended approval of this request. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the City Council meeting and the purpose of this rezoning request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of a 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision from PL--Public Use Lands to I--Industrial in accordance with Chapter 17.72 of the Borough Code. The 17,374 square foot Portion of Lot 10, Block 2, Lakeside Subdivision proposed for rezoning is located between the Municipal Airport and Lots 1 through 5, Block 2, Lakeside Subdivision, which front on Selief Lane, and to adopt the findings contained in the staff report dated November 5, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. Planning & Zoning Commission 10 November 18, 1987 Minutes Kodiak Island Borough M E M O R A N D U M DATE: November 6, 1987 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the November 18, 7 Regular Meeting ITEM VI -F RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) Thirty (30) public hearing notices were distributed on November 2, 1987. Date of site visit: October 26, 1987 1. Applicant: Richard Powell 2. Land Owner: Same. 3. Request: For a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1 -- Single - Family Residential Zoning District. 4. Purpose: To permit a 24 by 24 foot garage addition to encroach 9.25 feet into the required 19.75 foot front yard setback. 5. Existing Zoning: R1-- Single - Family Residential 6. Zoning History: The 1968 Comprehensive Plan identifies this area as Residential -R1. A 1975 request to rezone this block to R2 was denied by the Commission (Case 346A). Departmental files indicate no further activity. 7. Location: Physical: 1720 Rezanof Drive East Legal: Lots 6 and 7, Block 55, East Addition 8. Lot Size: 12,800 square feet 9. Existing Land Use: Single - family residential CASE 87 -062 1 NOVEMBER 18, 1987 P &Z ITEM VI -F 10. Surrounding Land Use and Zoning: North: Lots 1 and 2, Block 54, East Addition Use: Single- family residence Zoning: R1-- Single - Family Residential South: Lot 13, Block 55, East Addition Use: Vacant Zoning: PL-- Public Use Lands East: Lot 5, Block 55, East Addition Use: Vacant Zoning: R1 -- Single - Family Residential West: Lot 8, Block 55, East Addition Use: Duplex Zoning: R1-- Single - Family Residential 11. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for Public and Open Space. 12. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.18.050 Yards. A. Front Yard. 1. The minimum front yard shall be twenty -five feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required twenty -five foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty -five feet. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. The lot is served by public water and sewer. CASE 87 -062 2 NOVEMBER 18, 1987 P &Z 2." Open Space Green areas feasible and Consistent: 3. Access ITEM VI -F and open space shall be retained to the maximum extent prudent when land is subdivided. Not applicable. This action does not involve land subdivision. New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. This lot is not located along the shoreline. 4. Hazardous Lands 5. COMMENTS: Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run -up shall be required to the extent feasible and prudent. Consistent: Not applicable. This lot is not located in a "hazardous" area. Wetlands Filling and drainage of water bodies, floodways, backshores, wetlands shall be consistent with ACMP Standards 6 AAC 80. Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This action does not involve or drainage activities. and natural 070 (Energy any filling The purpose of this request is to permit a 24 by 24 foot garage addition to encroach 9.25 feet into the 19.75 foot front yard setback, thereby placing the garage approximately 10.5 feet from the Rezanof Drive right -of -way and approximately 37.5 feet from the curb and gutter. The front yard setback for this lot is 19.75 feet because the main dwelling on the adjoining Lot 8 is 14.5 feet from the front property line and there is an undeveloped road right -of -way on the other side. In order for the Commission to grant a variance, all of the following conditions must be satisfied. In evaluating whether the request meets all the conditions necessary for a variance to be granted under Borough Code, staff finds that valid findings can be made that both support and oppose the request. Therefore, findings supporting both positions are included for each condition, as follows: CASE 87 -062 3 NOVEMBER 18, 1987 P &Z ITEM VI -F A. Findings supporting the request; and B. Findings opposing the request. 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. A. The exceptional physical conditions applicable to the intended use of development in this case are the location of the existing single - family residence, the location of the new addition to the single - family residence, and the topography of the lot on the other side of the existing structure from the proposed garage addition. The placement of the existing single - family residence and the thirty -two by thirty -six (32 x 36) foot addition onto the right side of the single - family residence (permit issued August 4, 1987), means that any standard size garage addition on the right side of the single - family residence will require a variance. Although there is sufficient lot area to construct the proposed garage in compliance with all setbacks on the left side of the single- family residence, the placement of the garage in this location is likely to result in a driveway that exceeds the maximum slope requirement due to topography. B. There do not appear to be any unique physical circumstances applicable to this property that are not also applicable to other properties in the same area. All lots in Block 55 on this side of Rezanof Drive have similar topography and placement of structures. Therefore, a unique physical condition does not exist. In addition, it is feasible to construct a garage on the left side of the existing single- family residence in full compliance with all setbacks. The possible problem with the driveway slope can be overcome by (1) raising the height of the garage, or (2) placement of fill between the garage and the road way edge. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the Zoning Ordinance would require the garage addition to be located 19.75 feet from the front property line. This is an unnecessary hardship when no other structures in Block 55, East Addition on the south side of Rezanof Drive meet the required front yard setback. In fact, the aerial photographs indicate that all of these structures have a smaller front yard setback than the applicant's existing single- family residence. In essence, adherence to the front yard setback requirement along this block is meaningless because no existing structures are in compliance. B. Strict application of the Zoning Ordinance would require the garage addition to be set back 19.75 feet from the front property line. This is not an unnecessary hardship because there is ample buildable area elsewhere on the lot that meets the required setbacks and provides for a larger garage than desired by the applicant. In addition, the single - family addition has not yet been constructed so the proposed garage could be incorporated into the design of the addition in compliance with all setbacks. CASE 87 -062 4 NOVEMBER 18, 1987 P &Z ITEM VI -F Based on this flexibility in location, design, and the lack of unique physical circumstances or conditions applicable to this lot specifically, staff believes that no hardship or practical difficulties are created that would justify granting a variance. This is true even though the alternative location would require additional fill or a redesign of the garage. Most importantly, it should be noted that even if the garage is not constructed in the alternative location, no practical difficulty or unnecessary hardship is created. It is not a practical difficulty' or unnecessary hardship to do without a garage. 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. A. Granting of the variance to allow the garage encroachment will not be detrimental to the public's health, safety, or welfare or damaging to other properties in the area. The addition will not impede safe traffic flow or visibility along Rezanof Drive. An approved variance will not be damaging or prejudicial to other properties in the area because all structures in this block encroach into the front yard setback. B. Granting of the variance to allow an encroachment into the front yard setback, in absence of unique physical conditions or unnecessary hardship, will set a precedent that will be prejudicial to other properties in the area and will be detrimental to the public's general welfare. This is especially true given the recent date of the permit for the single- family addition and an available alternative location for the garage. The proposed garage can be designed to be incorporated into the overall additions in compliance with all setbacks. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. B. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this block for public and open space. This designation is not appropriate at this time. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the garage addition. B. In this case, actions of the applicant will cause the conditions from which relief is being sought by a variance. Alternative locations for CASE 87 -062 5 NOVEMBER 18, 1987 P &Z - ITEM VI -F the garage are available to the applicant. The applicant also has the option of not having a garage or designing all additions to the existing single - family residence in a manner that meets all required setbacks. In light of these options, not allowing the garage addition to encroach upon the setbacks is merely an inconvenience and /or financial hardship. Title 29, Alaska Statutes, specifies that inconvenience and pecuniary hardship are not valid justifications for granting a variance. In addition, the desire for additional garage space should have been incorporated into the overall design of the additions, especially when the size of the structures is considered. The existing single - family residence contains 1,092 square feet and the addition approximately 2,304 square feet. It is solely the size of additions desired by the applicant that creates the need for a variance. This further supports the fact that this hardship is self- created. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single - family residential additions are permitted uses in this. zoning district. B. Single - family residential additions are permitted uses in this zoning district. RECOMMENDATION: Staff recommends that either a recommendation for approval or denial is appropriate and justifiable under the findings presented above. Therefore, appropriate motions for either option are presented below. APPROPRIATE MOTION: Approval: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three- quarters (19.75) foot front yard setback in the R1 -- Single - Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition and to adopt findings 1A through 6A contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. CASE 87 -062 6 NOVEMBER 18, 1987 P &Z ITEM VI -F Denial: Move to grant a request for a variance from Section 17.18.050 of the Borough Code to permit a twenty -four by twenty -four (24 x 24) foot garage addition onto the front of the existing single- family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single- Family Residential Zoning District on Lots 6 and 7, Block 55, East Addition. Staff recommends that this motion be denied and the following motion made: Move to adopt findings 1B through 6B contained in the staff report dated November 6, 1987, as "Findings of Fact" for this case. CASE 87 -062 7 NOVEMBER 18, 1987 P &Z Z rgrND • = /1"75 ca,e, sr/04 feb.re. 7* AS Survey. AS SURVEY OFvirk, .rh .4 ..... .. Av # :49TH algr:J1 4 % NO. 1638-5 .1".' 14.1694e.i.e:84° FF.; 37071;1: ".°4; v 4M.C."4,r4,19:9■4" ‘- 20 ' I hereby certify that 1 have survey 19 S YA-,e_a 5c-A ,54c4e__ ng deicibd property: zora, 7, 8Ze7C.4- 55. g4s7 " .4,0P/777N S. scirevh-r 25-3F-8, ,e-aPIAK A LA eA and that the improvements situatedtherron are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that eg improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways, transmis. sion lines or other visible easements on said property except as indi. cated hereon. Dated this 4ete: day of 44r,-11 1978 &2.-(/ ROY A. ECKLUND Registered Land Surveyor Drawn b I Date: - - /978 Richard Powell Box 2074 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907)486 -5736 December 2, 1987 RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one- quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1 -- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) Dear Mr. Powell: Please be advised that the above - referenced request has been scheduled for review and action by the Planning and Zoning Commission at their December 16, 1987 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, December 9, 1987, at 7:30 p.m. in the Borough conference room, the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this - worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486 -5736, extension 255. Sincerely, Patricia Miley, Secretary Community Development Department • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 • ITEM VI -B ' PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 16, 1987. 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 87-062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code, to 'permit a twenty-four by twenty-four (24 x 24) garage addition onto the front of the existing single-family residence to encroach nine and one-quarter (9.25) feet into the required nineteen and three-quarters (19.75) foot front yard setback in the R1--Single-Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) (Tabled from the November Regular Meeting) If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736,- extension 255. Your Name: Mailing Address: • Your property description: Comments: ZONING KEY RESIDENTIAL. R -I RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED LANE LOTS 6 +7 BLK 55 EAST ADD Richard Powell ou la va .ANE ' 4 • AilIPA SUBDIVISION liiiiil 11S14°t11§1 i 11 IIIIN • 8L1YT•R0q e►Ii0•ad a . r!Q•O••9•" 121 ill ;4 R 0 • • • - • p p • 4 0 4 p i s 4 0 0 0 ..• • . a 0" A ° • • 0 • N p O V • 0 ♦.0 4/ 0 G • • • • • • ■ • ^ Q i •0• ! • •° V V • °L • • • • j • • VaCQ 4[y N}Q'�y p�'j/O`,�Q�at pfi ii° O ��,, J • D • 4 44 p ° a 0 i •r4 V w • • • • i 't • • • •O�VDIV r.J�l• °O•p•O.L•••, ,,▪ 0 •• °•4'C•v' Q r �•'••L.0, i••vt"R 'n.\.1 A • pya •`a° ! ,- 1r,L• "ya ., ' '' o> o 7 n 0 na a. L p R AO' • '3A n• • ' • /• • • a 4 9 ! °4454 ! • • 4 REETw IN 1 S I ME0NOFF CHIC ENO • 4 • 4 9 • 4 4 • \ -/ •, / / �./\ • / \.,' \�`tj..„./ _,/ • / / � � * /'/--/ \_,\_/\_/// � \ y, \{ \_ / \ —/ / / \ / \- / ' \ / _. / \/ /' \ E PEN BEEN EET 5 1 1 1711D. aid' US SURVEY 2739 US SURVEY 2873 1 US SURVEY 3066A88 6 1 2 3 R1120540080 LARGE,ALAIN 0 t ARBARA 1710 SIMEONOFF KODIAK K AK 99615 co-7 Co 2_ 27S7 • 32, Ph r1:5 R1120540090 ITEXCETT1113019-A-5—J & JOYCE 1712 SIMEONOFF ST KODIAK AK 99615 R1120540100 V • v P.O. 60)( 16 KODIAK AK 99615 7AE17FARt P.O. B X KODIAK R1120540110 AK 9615 - R1120540120 40—SiliEOCEYTDENITI & PATRTCTA 41 1718 SIMEONOF 42 KODIAK AK 9961.5 43 44 45 46 47 48 R1120540130 49 --F-R-SEMAttintrA-N-E-C-14WITCY 50 P.O. BOX 912 51 KODIAK AK 99615 52 53 LU 21 22 23 24 R1120540010 25-11ErSTINTS-ECTY1DN & TINA 26 BOX 302 27 KODIAK AK 99615 28 29 30 31 1 32 33 R1120540030 347c.A7y.--Tc.—ert7E-r4 ; 35 ;X■0■ •• B.0 X : .1655 36 AK 99615 37 38 39 40 41 42 • . R 11 2 05 4 0 040 43 C R -E-VD-AVI DCN I-R-G-1-N-1 A 44 P. Os BOX 3372 45 KODIAK AK 99615 46 47 .• • • 48 . • •• • 49 1 50 51 R1120540050 52"-TECriNt•RTBUKOETTt LA RUL 53 PA, 0* BOX 1616 54 KODIAK AK 99615 55 56 57 58 60 R1120540061 ---Blret-FrAITTAITITA—MI I C NAEL fl P.O. BOX 303 KODIAK AK 99615 „ . 54 ••• • 55 56 57 59 GOODWIN / BEATRICE 60 17 22 SIMEONOFF KOD1A1( R1120540140 AK 99 R112 1-0150 L _ 2 1111 3RD AVE SUITE 1210 SEATTLE WA 98101 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 • 4 R1120550010 W-1-1-rikaW7ittElk DE-NS BRINGGOLD 1818 EAST REZANOF DR --K170I1-K A K99-ors mtrrr-A-L 11-1-TATt P.O. BOX 2032 KODIAK R1120550030 t—M A RY AK 99615 36 37 38 39 4 41 42 44 45 46 47 48 49 50 R1120550050 Mf-S tY5-S P.O. BOX 965 KODIAK AK 99615 52 53 54 R1120550090 ETA 56 P•0• BOX 3094 57 KODIAK AK 99615 R1120550 60 PO W R-I C HRO-H 1tM DI P.O. BOX 2074 KODIAK AK 99615 R1120550080 -K-MG-L-ETS-TRI-C+iA-R-DtMA-R-G--AR-ET P.O. BOX 212 KODIAK .AK 99615 60 6 4 5 6 7 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 1-e-Krrn,FtV11 P.O.- BOX 1293.- KO DI A K R1120560060 AK 99615 R1120560070 L L P.O. BOX 786 USCG KODIAK AK 99619 R1120560080 YITS-C-C-FIR P.O. BOX 2298 KODIAK AK 99615 25 27 28 29 30 R1120560090 31 -"RI-JUN LLE/SATCA K 32 P.O. BOX 547 34 35 36 37 38 39 40 41 42 43 KODIAK AK 99615 R1120560100 mc-FA-Rt-A tio-FiTAT-T & WARY L P.O. , BOX 2774 KODIAK AK 9961.5 R1120550100 RiN,,u4viu JALtt, NDR1A P.04 BOX 594 6 KODIAK AK 99615 2 5 6 7 UTHS R- Y�JAMES D 8 P.O.. BOX 544 9 KODIAK 2 3 4 5 6 7 8 81120.550110 AK 99615 UNIiiED KOD AK // R.1120560010 NiAJUR J i t RON P.O. BOX 532 KODIAK AK 99615 aUULc`'MARION P.O. BOX 352 KODIAK R1120560020 AK 99615 R1120560030 ` ala mi TD o7N A n CTFENEL DP't P.O. BOX 3753 KODIAK AK 99615 R1120560040 -1 i IS'ON CAA -L E S £ CO NA3'I E P.O. BCX• 8.13 KOD.IAK AK 99615 ENGEL,CARSOtN L R1120560050 P.O. BOX 352 KODIAK AK 99615 oisi `g- coa L0T �v R. 11-L os Lt .. d o l o -- 11Z Co °Ibv • :•:•:•: •:•: ••:•: 4 . • • ' • • • • • ... • • • • • :•:�'•'•�•:•:••:�:��:•:•:•' • ZONING KEY RESIDENTIAL R -1 REST ii4TIA * -R -RESIDENTIAL: R RURAL RESIDEN. IA1 : BUSINESS INDUSTRIAL CONSERVATION PUBL1C'USE.. LAND WATERSHED • a 1.1• • CA- SE 87 -062•. LOTS 6 +7 BLK 55 EAST ADD Richard Powell • NE • R 0 V .4 R 0 A .w rIcs W] 4 ' ' ' • ; : , : q ' 4. 4 1. 0 4 °A, of (►. 44— pI 1'0 4 y p • p - y • _. 4 O19{0031 :10yO4,7 p V1 4 ,tRAA �' A o Q • ♦ • o • to • O p • • • 4 V A 4 MINIM t eoe•. • -• a RE H ENO r DEEM ing \\ 7\ �\ ,\ j / j / j / / / \ \ / \ \/1 / / / / \_ \- / \ - \— / \ — / \ —/ / \- / \ - / \ -/\/-1-2/ / \\ \ \,V,)��9 / -/ / \ / \\ DRI VE CUS SURVEY • 2739 US SURVEY 2873 1,15 S URVEY 3066 A 8 8 1 Richard Powell Box 2074 Kodiak, Alaska 99615 Kodiak IslandBorough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486 -5736 November 19, 1987 RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75). foot front yard setback in the R1 -- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720. Rezanof Drive East. (Richard Powell) Dear Mr. Powell: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 18, 1987, tabled your request for the variance cited above. A second the public hearing will be held at the Commission's December 16, 1987 regular meeting. If you have any questions about the action of the Commission, please contact me. Robert H. eder •n, AICP, Associate Planner Community Development Departmen cc: Scott Arndt 7C. L [LEND B Z. /i # Q/j caps OW S " 525 jeb�,' 7"/-1/..r s&evey. 8 Oigq 3 'W :� y URA a, . - Oi 44 911 or. 6�saiN•.�ye"57 U j. n... O, Of CS' •yyyi...Jo. Sb� , <c Roy A. Ecdiun d ; J� Sy� 4 � NO. 1638 -S 9 r �'...wSao• °A \oG'�s� t 8° ESSIONPt�' ®'� �..z,z4to Scaler / //= 2p ' 1 hereby certify that I have surveyed the following described property: ZOrai 7, 5LOC. 53: BAST A DI) i77oet/ U. S. S U/eY.-Y 2 C3 8 -8, ,edD/AK A LA S,eI4 and that the improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that gm improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways, transmis- sion lines or other visible easements on said property except as indi- cated hereon. Dated this day of �7'/'/ ROY A. ECKLUND Registered Land Surveyor 19 78 'Drawn by: o G (Date: -¢ -/976 ®9� •• O 47, . 3y� .w :t� • 9 Y6i . es: w0••O /OOOO(Sww.o Al$ ••N• •••••-..i •. wr w.... ft 13% Roy A. Eckiund • c) A� cl �•• NO. 1638 -S .",4477,9 9 e �•�o Sl�9FD�•'•••••••°64:\>.-e474:" •o•••o° N9 p • � � ROEESSION a■- v 4kr • L [c[ND SZ7 Cd i " ;6 A/14 1 /1";6 /14 8 "0 reb-v^ riois Isuevey. Scale:. / u 20 ' I hereby certify that 1 have surveyed the following described property: zora, > BLG.- 55 EAs7" ADP/77oN U. S. S ci/e v Y Z S3 $ -8 ,e-di/AK A4/45",k" and that the improvements situated thereon arc within the property lines and do not overlap or encroach on the property lying adjacent thereto, that fa improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways, transmis- sion lines or other visible easements on said property except as indi- cated hereon. Dated this day of /4pri� ROY A. ECKLUND Registered Land Surveyor IDrawn by:. Date: g -¢ -/978 7 X' • L [LEND • = /z # A/j Cabo sr/ 6n feb-7," 710is ,rvevd9 8 AS - BUILT SURVEY G � �..•.....afl4i�• DI ' 49 �r ,,t •. ..NO.. .316it •e. �R0ESSIONa' Q 3 Roy A. E w :Si, g�% Scale:. / 11 . 20 ' 'F. 1 hereby certify that 1 have surveyed the following described property: ' Lora, 7, 5/oC,-- 5 gAs'T AQUJT 7N U . S. S 2 r 2 Y E Y 2 53 8- : ,t-d ),Qic A LA S'.k- A and that the improvements situated thereon are within the property lines and do not overlap or encroach on the property lying adjacent thereto, that fa improvements on property lying adjacent thereto encroach on the premises in question and that there are no roadways, transmis- sion lines or other visible easements on said property except as indi- cated hereon. Dated this da of 4 ". /./ ROY A. ECKLUND Registered Land Surveyor 19 7 !Drawn by: �v�C !Date: g - *-/976 POST OFFICE 50X 1246 KODIAK, ALASKA 99615 ( ) Conditional Use Permit Exception Variance ( ) Zoning Change: From: CODE SECTION INVOLVED: To: —7 c)-5-0 (eAr0-0 NOTE: The application fee for all items covered by this form i Conditional Use Permits, Exceptions, and Variance Applications .► equire the submission of a site plan. APPLICANT: 12-A-LAJde50 PeO,JELE,— Name Home Telephone Address Work Telephone City, State, Zip PROPERTY: Cp , , ` th • Lot Block Subdivision Name United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: y'@4 ' 1 PROPOSED USE OF PROPERTY: C.,0 c-V2'C , Gi1 I have been advised of the pr^.cedur2s i�:.el vea with this request and have received a copy of the appropriate :-e;::;dt'ers. Authorized Agent . Data Application ,.cc_cteo: /622 Cate RECEIVED . J�-- FROM CASH RECEIPT Kodiak. Island Borough 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 12073 DATE Jo' - 19B_ Ooo - 1 o -10 - oo CASH ,J.;',..1. ',, 010 -000 - 105 - 01 - 00 PROPERTY TAX, REAL µwk i"trir i.`-.d ; E *A Jl}7' "V ' ` 6s; 11 010 - 000 - 105 - 06 - 00 PROPERTY TAX, PERSONAL rtr 010 - 000 - 111 - 61 - 00 PROPERTY TAX, LIENS 1 010 - 000 - 107 - - 00 PERSONAL TAX, LIENS li.JF..• -1";:' /+:-.-••-,..t+ .t.Kk%S1f13.0 a•c j1 : . t. G: 040.- 000 371 - 11 00 LAND SALE, PRINCIPAL 040 - 000 - 371 - 12 - 00 LAND SALE, INTEREST yI �! YW,2•4 ?.iG 051 - 000 - 115 -00 -00 f. i�.,�ci .1t�Shl�st-gJ- ��t` l�cr } f ..7.,..1• Qtr 4f v . L�,� ,4F a F•F+ �", ° 052 - 000 - 115 - 00 - 00 II 010 -000- 319 -10 -00 - PER ATTACHED t 4ti V i.. pA c.:{ CONDITIONS OF CHECK PAYMENTS TOTAL PAYMENTS TFNDFRED RY CHECK FOR OBLIGATIONS DUE TO IONIINIII p O THE BOROUGH ARE SATISFIED ONLY UPON THE,CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. CASHIER (E5 PAYOR PAYMENT MADE BY: L CHECK NO. L3 dZ + 1-1 CASH 1 l OTHER FM05- 511815 Richard Powell Box 2074 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 November 13, 1987 RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) Dear Mr. Powell: Enclosed please find a copy of the materials, concerning the above referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review session held Thursday, November 12, 1987. If you have any questions or comments, please contact the Community Development Department at 486 -5736, extension 255. Sincerely, Patricia Miley, SeLretary Community Development Department enclosures Richard Powell Box 2074 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 • November 2, 1987 RE: CASE 87 -062. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single - family residence to encroach nine and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75) foot front yard setback in the R1-- Single - Family Residential Zoning District. Lots 6 and 7, Block 55, East Addition; 1720 Rezanof Drive East. (Richard Powell) Dear Mr. Powell: Please be advised that the above - referenced request has been scheduled for review and action by the-Planning and Zoning Commission at their November 18, 1987 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. The week prior to the regular meeting, on Thursday, November 12, 1987, at 7:30 p.m. in the Borough conference room, the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this Worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486 -5736, extension 255. Sincerely, Patricia Miley,_ ecretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI /f BLIC HEARING NOTICE A public hearing will be held on Wednesday, November 18, 1987. 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 87 -062. Request for a variance from Section 17.18.050 -(Yards) of the Borough Code to permit a twenty -four by twenty -four (24 x 24) garage addition onto the front of the existing single- family residence to encroach nine .and one - quarter (9.25) feet into the required nineteen and three - quarters (19.75.) foot front yard setback in the R1 -- Single - Family Residential Zoning District. Lots 6 and 7,' Block 55, East Addition; 1720 Rezanof- Drive East. (Richard Powell) If you do not wish to testify, verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486 -5736, extension 255. Your Name: Mailing Address: Your property description: Comments: .••4 • ZONING KEY ........................... is% ............ :TR•aCT :14. ° RESIDENTIAL R -1 �iI � • =,REST NT1At ` R- RESIDENTIAL:. R -3; -- RURAL RESIDENTIAL —, BUSINESS' INDUSTRIAL CONSERVATION F_e ' PUBLICYUSt L ANDS itATERSNED •�v SE 87 -062 LOTS 6+7 BLK 55 EAST ADD N.a AY• ▪ R • --325' Richard Powell NE • V ALLY LAKE - •, AA K, SU4ol lillillif &MINIS I IO 1111N Y 0' RV 9° 1 id e 400 � r d° d D $.• 4 4• 4• da • 4 • 7 t ° 4Q•∎ 4 A o. a o • 4 P° • 4 .144 • D J • tr. v . •,Q • • e a• q NIP": ♦ p y P��Tp 4• -p-V V• D Pia 8 04 . 4 4.6.? v J94130 4 ata Q • Q A '.64 • a••• V • n e O O y aw n a J• �r a a(V 7 J P 4 �c3 a 0 a 44 e° • 4 'AC ._p 1'y� 40WErDIV6.10N 64'1 i y• • •a 41 • 4c• A i p • 4y a V 3 • .• r° r r t O 0 •, • a P„ CHiCHE Or S S EONOFF Ego EN1 1012N Q ( us SURVEY 2739 US SURVEY 2873 j US SURVEY 3066 A 8 8 6 6 7 9 R1120540061 BR-FieltANTAVI-T-A-S-&-MTC-HAtt P.O. BOX 303 KODIAK AK 99615 4 17 R1120540080 B-A-R-BAR-A 1710 SIMEONOFF KODIAK AK 99615 21 22 2 24 26 7 R1120540090 HEA-1.--EY 9T-HOM A S J C J-0 Y-C-E 1712 SIMEONOFF ST KODIAK AK 99615 2 29 2 4 R1120540100 VA L H A- R-R Y T-"H P.O. BOX 16 KODIAK AK 99615 6 7 9 40 4 42 43 44 2 34 35 6 37 40 42 4 4 5 46 7 9 (-) 5 2 4 56 57 R1120540010 E-L-S-ON-rS-ELDDN-E--&-T-I-N-A BOX 302 KODIAK AK 99615 R1120540030 Y-& __-- ' ARLS E-N-e HA-RR ELL-EN P.O. BOX 1655 KODIAK AK 99615 R1120540040 --- -C-R-0-14&11-0-A-V--1-0-C---V-I-R-G-I-N-I-A P . 0 . BOX 3372 KODIAK AK 99615 — 55 59 60 1-) R1120540050 LEE-FINE-R-1-B R-DE-T-T-E--&----C-A-Rn P.O. BOX 1616 KODIAK AK 99615 4 46 47 4 49 -H-A-RR-Y P.O. 8 X KODIAK R1120540110 AK 99615 5 a, VLI-1-ts R1120540120 -S-MDLEYTDNNIS PATRI n A 1718 SIMEONOF KODIAK AK 99615 52 53 54 55 56 57 R1120540130 58"---FR-EEMA-NYDUA-NE--& N A N C-Y P.O. BOX 912 60t KODIAK AK 99615 6 R1120540140 GOODWI'N• STEPHEN E 2 GOODWIN,BEATRICE 1722 SIMEONOFF 4 KODTAA1( AK -5 996 5 6 7 8 9 0 11 12 ,3 R1120540150 17E15= N ALA-SK-A IS-HERI'E-S 1111 3RD AVE SUITE 1210 SEATTLE WA 98101 14 / 15 16 17 la 81120550010 ,9 WiTHR-OW7- JUERGENS f 20 BRI NGGOL D 2, 1818 EAST REZANOF DR 22 - K-ODTA K AX-9961:5 23 24 25 26 27 R1120550030 2814UTTALt MIC"H EL J-""C MARY 29 P,0. BOX 2032 30 KODIAK AK 99615 31 32 33 34 35 36 R1120550050 37 EGGEMEYER, JAMES & MAR- tY-S -S 38 P.O. BOX 965 39 KODIAK AK 99615 40 41 42 43 44 45 R1120550060 46 -P &W-E- L t , R-I C-H A R-O -H --K A-N D I 47 P.O. BOX 2074 48 KODIAK AK 99615 49 50 51 52 53 54 55 56 57 58 59 60 R1120550080 -K- NOWLES, RICHARD7M- AR-GARET P.O. BOX 212 KODIAK AK 99615 R1120550090 air iiii:' . .;' . A&' 't��l.•�l... .., w T A.O. BOX 3094 6 KODIAK 3 4 5 6 7 8 9 10 11 12 13 14 15 16 • 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 AK 99 .lU�1VJ UIV t 1,f Ut P.D. BOX 813 KODIAK AK 99615 R1120550100 -KING-,DAV-ID JACK -NORMA P.O. BOX 594 KODIAK AK 99615 R1120550110 ' - UTH &ER ,JkME-S —f3 P.O. 'BQX 544 KODIAK AK 99615 R11205501 0 , -UN3JE :-T-A -ES t-- 14ER kA KODIAK A 9.6 5 R1120560010 fMA- - 0RrJ All ES E— E— SHARO1V P.04 B OX 532 KODIAK AK 99615 R1120560020 SOUL-ET-MARION P.O. BOX 352 KODIAK AK 99615 R1120560030 JOOHNSON a0 AL-?- E— RPENEL0 E P.O. BOX 3753 KODIAK AK 99 615 81120560040 ,r, w,r r.t. I . 2_a_n t' r....... ,...� .lU�1VJ UIV t 1,f Ut P.D. BOX 813 KODIAK AK 99615 6 1 2 4 5 6 7 8 9 10 11 2 "ENGEL CA-RS-0 N . ;L P.O. ,8OX':' 352 KODIAK.. R1120560050 99615 3 +WI-C-K-' IEL Y iN 14 P.O. BOX 1293 ,s KODIAK 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RI120560060' AK 99615 R1120560070 LEAVE , ANGELI7-0- E--"A-DELA IBA: P.O. BOX 786 USCG KODIAK AK 99619 Bi &K- BUR-NtJ ES &-CHRIS P.O. BOX 2298 KODIAK AK 99615 R1120560090 RDUNS -A-V-I LrE-, -S t H-K P.O. BOX 547 KODIAK K 99615, R1120560100 - MC rARLA -ND-, W-AL7 P.O. BOX 2774 KODIAK AK 99615