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
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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
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CASE 87 -062 LOTS 6 +7 BLK 55 EAST ADD
Richard Powell
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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
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R1120540080
LARGE,ALAIN 0 t ARBARA
1710 SIMEONOFF
KODIAK K AK 99615
co-7 Co 2_ 27S7
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ITEXCETT1113019-A-5—J & JOYCE
1712 SIMEONOFF ST
KODIAK AK 99615
R1120540100
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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
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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
•
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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
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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
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16
17
19
20
21
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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
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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
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P.O. BCX• 8.13
KOD.IAK AK 99615
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P.O. BOX 352
KODIAK AK 99615
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• 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
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• 2739
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2873
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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
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•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,
.
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. 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
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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
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•e.
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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
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�",
°
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:
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ZONING KEY
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KODIAK AK 99615
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KODIAK AK 99615
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KODIAK AK 99615
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R1120550050
37 EGGEMEYER, JAMES & MAR- tY-S -S
38 P.O. BOX 965
39 KODIAK AK 99615
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48 KODIAK AK 99615
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R1120550080
-K- NOWLES, RICHARD7M- AR-GARET
P.O. BOX 212
KODIAK AK 99615
R1120550090
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P.D. BOX 813
KODIAK
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KODIAK AK 99615
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KODIAK AK 99615
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AK 99615
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