HOSPITAL BK 1 LT 2A-1 - VarianceKodiak Island Borough Community Development Department
ZONING COMPLIANCE PERMIT
t Property Owner/Applicant Zoning Compliance #: e 3. Legal Description of Properly
k adree-
Name: £ 14...A" d 6 d-v-izo7-7, 4 Street address. .-3 2— 3 5 I a e-3 1"-Crd--- (i) 41/4- (E4 s th
Mailing address: 7C vvvz.a (5,40., (2-4. Telephone #. i46, — 57 3 tc, Lot, Block, Subdivision. ( le-6..c..4-. a, — i 4 S )
,.e c.L.-- cmew ikosrl
2. Zoning Requirements for New Construction - Description of Proposed Action (attach site plan) Survey, other (e.g. Township/Range): OS. So A.. 42-?. 32 t g Tax Code #. R. Vls-24 S-00 i3O
Use of proposed structure(s). .•-1/1...,s4-4A6-44 eN■ 4_ sti... .4.4r- (4-.6,0.0 30 4. Description of Existing Property
C, 4:‘,4A) ' 6- 4) . Zoning: (22_ 1-R2.- Minimum Area: -7/ Minimum Lot Width- to 6 (
Road access for emergency vehibles: Yes No Date Al 14--- Use and size of existing buildings on the lot:
(contact Fire Chief for confirmation)
Water supply adequate for public use, institutional use, commercial, and residential
structures larger than a triplex: Yes No Date
'contact Fire Chief for confirmation)
Lot area: 1. 3 v Lot width. iv Minimum setbacks setbacks - Front: / Rear: AI
Sides - Left: Right W
Maximum building height. /U /4-
Maximum lot coverage: At
Number and size of parking spaces required AJ tOr
Off-street loading requirement*
Plat related requirements. A./
Other (e.g. zero lot line, additional setbacks, projections into yards, screening, etc.):
cLA es is, c(244,11,6,1 ebsskr z,cA- c»4 tot,
tivuLs (o-e_ -
belvt,AS t-cwi- 1.04-
7. Borough Staff A
Signed: Title: Date. (.)
THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A
BUILDING PERMIT IS REQUIRED
LJak
5. Consistency with Coastal Management Program
X
Applicable policies - Residential: Business:
Industrial.
Other:
Proposed action consistent with Borough Coastal Management Program - Yes: __X_ 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) at c ed to the consistency approval to mitigate these conflicts.
Attachment - Yes No •
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 setbacks.
Signed.
Owner:
Support Documents ttached - Site Plan:
11 Date. / 2<c(fRe
As Built S ev Other
Distribution: White to File Yellow to Building Official
Kodiak Island Borough Community Development Department
710 Mill Bay Road (Room 204), Kodiak, Alaska 99615-6340. Phone (907) 486-5736, extension 255.
Pink to Applicant
July 1, 1988
KODIAK ISLAND BOROUGH
Regular Assembly Meeting
May 19, 1988
A regular meeting of the Kodiak Island Borough Assembly was held
May 19, 1988, in.the Assembly Chambers of the Kodiak Island
Borough Building, 710 Mill Bay Road. The meeting was called to
order at 7:31 p.m. (A verbatim record is on file'in the Clerk's
office)
The invocation was given by the Reverend Garry Oliver of the
Community Baptist Church followed by the Pledge of Allegiance.
There were present:
Lorne White, Presiding
Ann Barker
Jack McFarland
Wayne Stevens
Alan Austerman
Ken Gregg
Tom Merriman
comprising a quorum of the assembly; and
Jerome Selby, Borough Mayor
Shirley Berns, Deputy Borough Clerk
- APPROVAL OF AGENDA
GREGG, move to approve agenda as
seconded by MERRIMAN submitted.
WITHOUT OBJECTION, SO ORDERED
REGULAR MEETING
ROLL CALL
APPROVAL OF
AGENDA
CONSENT AGENDA APPROVAL OF
CONSENT AGENDA
The items on the consent agenda were read aloud by the Borough
Clerk.
GREGG,
seconded by MCFARLAND
move to approve consent
agenda.
WITHOUT OBJECTION, SO ORDERED
APPROVAL OF MINUTES APPROVAL OF
MINUTES
A. K.I.B. Assembly Regular Meeting of May 5, 1988.
This item was previously approved under the "Consent Agenda."
CITIZENS' COMMENTS CITIZENS' COMMENTS
J. T. Grogan said he would again be covering the borough assembly
meetings for the Kodiak Mirror and added that it was nice to be
back.
COMMITTEE REPORTS COMMITTEE REPORTS
Mary Lou Knudsen, Planning and Zoning Commission representative,
said there had been three items on the P &Z agenda which pertained
to the assembly. She said the rezoning of the Lakeside
Subdivision had been tabled until after a joint work session with
the assembly could be held. Another item discussed was the
rezoning of the lots behind the school in Chiniak with the P &Z
Commission's recommendation to rezone to public lands. She
reported that the third item was a request for a variance for the
hospital sign which the P &Z Commission denied because they felt
the borough should conform to their own zoning codes.
Assemblyman Stevens inquired about a P &Z agenda item on the
rezoning of a strip of land along Mill Bay Road.
May 19, 1988
c
Page 74
Jerome M. Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
L,J
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615 -634.0
PHONE (907) 486 -5736
May 19, 1988
RE: Case 88 -032. Request for a variance from Section 17.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger than the
permitted twenty -five (25) square feet] to be free - standing, and not at least
ten (10) feet back from the property line, to locate in the right -of -way and
without a building on the lot for the purpose of identifying the new hospital
site in a R2- -Two- Family Residential Zoning District. Tract R -1A, U.S.
Survey. 3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
Dear Mayor Selby:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on May
18, 1988, denied the request for the variance cited above and adopted the
following findings of fact in support of their decision:
A. The variance from the location requirements; and
B. The variance from the size requirements.
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 terrain in the vicinity is flat so it poses no topographic
restraints in the placing of the sign in its proper location. The
vegetation here is open and will not hinder the viewing of the sign from
Rezanof.
B. The terrain in the vicinity is flat so it poses no topographic
restraints for construction of the sign larger than the regulations
permit. The vegetation here is open and will not hinder the viewing of
the sign from Rezanof.
f
Kodiak Island Borough
Jerome M. Selby, Mayor
Kodiak Island Borough
May 19, 1988
Page Two
2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
A. Strict application of the Zoning Ordinance will not result in practical
difficulties or unnecessary hardship in locating a sign in its proper
location. The sign is a general information sign and need not be placed
in a specific location to get its message across.
B. Strict application of the Zoning Ordinance would cause the sign to be
redone. As stated earlier, using standard cuts of wood for sign
construction is a reasonable approach in regulating signs and should be
incorporated as part of any review of the sign code. The sign, is
larger than allowed and should be redone to conform to standards now in
place. The hospital project will not be substantially altered by making
a new sign or by reducing the size of the present sign.
. 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. Though the granting of the variance for this case will not result in
material damages or prejudices to other properties because of the site's
seventeen (17) acre size. It is important to regulate signs because of
visual clutter and lighting nuisances that can occur if signs are not
regulated.
Granting of the variance from size requirements of the Borough Code will
not prejudice other properties in the neighborhood because the sign is
on a seventeen .(17) acre tract and the applicant has proposed relocating
the sign one hundred (100) feet from the centerline of the highway.
4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
A. Granting of a variance from the locational requirements of the sign code
is not necessarily contrary to the comprehensive plan as signs are
allowed in this zoning district.
B. Granting of a variance from the locational requirements of the sign code
is not necessarily contrary to the comprehensive plan as signs are
allowed in this zoning district.
Kodiak Island Borough
Jerome M. Selby, Mayor
Kodiak Island Borough
May 19, 1988
Page Three
5. That actions of the applicant did not cause special conditions or financial
hardship from which reliefis being sought by the variance.
A. Though the sign is in place, moving the sign to its appropriate location
will not cause a special condition or financial hardship. The hospital
site is still in the excavation /rock removal stage. Equipment to
relocate the sign is available on the site.
B. The sign is constructed in absence of a permit that would have spelled
out the size requirements. Therefore, actions of the applicant have
caused the condition from which relief is being sought by the variance.
6. That the granting of the variance will not permit a prohibited land use in
the district involved.
A. Signs are permitted in the R2 - -Two- Family Residential Zoning District.
B. Signs are permitted in the R2-- Two - Family Residential Zoning District.
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.
If this decision is not appealed, the sign must be brought into conformance with
the Borough Code by June 3, 1988. Relocation of the sign will require the
issuance of zoning compliance by the Kodiak Island Borough Community Development
Department.
If you have any questions about the action of the Commission, please contact
Gordon Gould or Linda Freed of the Community Development Department.
- Sincerely,
Patricia Miley, Secretary
Community Development Department
cc: Robert MacFarlane, Facilities Coordinator
Hospital Advisory Board
A. It appears that the proposed use will enhance rather than
endanger the public's health, safety, or general welfare.
A shelter for the homeless will provide a direct benefit
to the health, safety, and welfare of street people and
provide indirect benefits to the community at large by
providing a safe and clean environment for a shelter.
The addition of one additional unrelated person living in
the residence should also not be detrimental in a
neighborhood where the majority of land is zoned business
or industrial. The existing single - family dwelling is a
grandfathered use in this business district, as are many
other residences.
B. The proposed use will be consistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.21, the B -- Business
Zoning District. First of all, the use characteristics
of the proposed shelter are similar to a hotel and /or'
motel, which are permitted business uses. Therefore, the
proposed use may be permitted as a similar use pursuant
to Section 17.03.090 because, as described in (A) above,
the use should not be detrimental to the welfare of the
community. Additionally, a number of permitted uses in
the B-- Business Zoning District are much more intensive
activities than the shelter as measured in terms of
traffic generation, noise, parking, hours of operation,
etc.
C. The proposed use should not adversely impact other
properties or uses in the neighborhood. A number of
intensive land uses are located nearby and the shelter
should have minimal impacts in comparison. Locating the
shelter at this location provides the additional benefit
of proximity to downtown and possible employment
opportunities. Traffic impacts will be very small and
should not be an increase over the existing level.
Case 88 -032. Request for a variance from Section 17.60.030(C and
G) (Residential District Signs) of the Borough Code to permit one
(1) sign totalling thirty -two (32) square feet [seven (7) square
feet larger than the permitted twenty -five (25) square feet] to be
free - standing, and not at least ten (10) feet back from the
property line, to locate in the right -of -way and without a building
on the lot for the purpose of identifying the new hospital site in
a R2 - -Two- Family Residential Zoning District. Tract R -IA, U.S.
Survey 3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
GORDON GOULD indicated 36 public hearing notices were mailed for
this case and 3 were returned, opposing this request. Staff
recommended denial 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 17.60.030(G) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger
than the permitted twenty -five (25) square feet] to be
free - standing, and not at least ten (10) feet back from the
property line, to locate in the right -of -way and without a building
on the lot for the purpose of identifying the new hospital site in
a R2 - -Two- Family Residential Zoning District. Tract R -IA, U.S.
Survey 3218. The motion was seconded and FAILED by unanimous roll
call vote. Commissioners Anderson, Hartt, Heinrichs, Bendel,
Knudsen, and, Thompson voted "no."
Planning & Zoning Commission
10 of 18 May 18, 1988 Minutes
COMMISSIONER HENDEL MOVED TO ADOPT the findings 1(A) through 6(A)
contained in the staff report dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER HARTT MOVED TO GRANT a request for a variance from
Section 17.60.030(C) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger
than the permitted twenty -five (25) square feet] to be
free - standing, and to locate on a lot without a building for the
purpose of identifying the new hospital site in a R2 -- Two - Family
Residential Zoning District. Tract R -1A, L.S. Survey 3218. The
motion was seconded and FAILED by unanimous roll call vote.
Commissioners Anderson, Hartt, Heinrichs, Hendel, Knudsen, and
Thompson voted "no."
COMMISSIONER HARTT MOVED TO ADOPT findings 1(B) through 6(E)
contained in the staff report dated May 11, 1988, as "Findings of
Fact" for this case. The motion was seconded and CARRIED by
unanimous voice call vote.
FINDINGS OF FACT
A. The variance from the location requirements; and
B. The variance from the size requirements.
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 terrain in the vicinity is flat so it poses no
topographic restraints in the placing of the sign in its
proper location. The vegetation here is open and will
not hinder the viewing of the sign from Rezanof.
B. The terrain in the vicinity is flat so it poses no
topographic restraints for construction of the sign
larger than the regulations permit. The vegetation here
is open and will not hinder the viewing of the sign from
Rezanof.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
A. Strict application of the Zoning Ordinance will not
result in practical difficulties or unnecessary hardship
in locating a sign in its proper location. The sign is a
general information sign and need not be placed in a
specific location to get its message across.
B. Strict application of the Zoning Ordinance would cause
the sign to be redone. As stated earlier, using standard
cuts of wood for sign construction is a reasonable
approach in regulating signs and should be incorporated
as part of any review. of the sign code. The sign, is
larger than allowed and should be redone to conform to
standards now in place. The hospital project will not be
substantially altered by making a new sign or by reducing
the size of the present sign.
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. Though the granting of the
not result in material da
properties because of the
size. It is important to
visual clutter and lighting
signs are not regulated.
Planning & Zoning Commission
variance for this case will
rages or prejudices to other
site's seventeen (17) acre
regulate signs because of
nuisances that can occur if
11 of 18 May 18, 1988 Minutes
B. Granting of the variance from size requirements of the
Borough Code will not prejudice other properties in the
neighborhood because the sign is on a seventeen (17) acre
tract and the applicant has proposed relocating the sign
one hundred (100) feet from the centerline of the
highway.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
A. Granting of a variance from the locational requirements
of the sign code is not necessarily contrary to the
comprehensive plan as signs are allowed in this zoning
district.
B. Granting of a variance from the locational requirements
of the sign code is not necessarily contrary to the
comprehensive plan as signs are allowed in this zoning
district.
That actions of the applicant did not cause special conditions
or financial hardship from which relief is being sought by the
variance.
A. Though the sign is in place, moving the sign to its
appropriate location will not cause a special condition
or financial hardship. The hospital site is still it the
excavation /rock removal stage. Equipment to relocate the
sign is available on the site.
B. The sign is constructed in absence of a permit that would
have spelled out the size requirements. Therefore,
actions of the applicant have caused the condition from
which relief is being sought by the variance.
6. That the granting of the variance will not permit a prohibited
land use in the district involved.
A. Signs are permitted in the R2 -- Two - Family Residential
Zoning District.
B. Signs are permitted in the R2 -- Two - Family Residential
Zoning District.
J) Case 87 -068. Review of preliminary approval for a conditional use
permit in accordance with Section 17.13.030 (Conditional Uses) of
the Borough Code to permit resource extraction activities (placer
mining) in a C -- Conservation Zoning District within Portions of
Sections 23 and 26, Township 41 South, Range 31 West, Seward
Meridian; Section 30, Township 42 South, Range 31 West, Seward
Meridian; and Sections 25, 27, 28 and 29, Township 42 South, Range
32 West, Seward Meridian (approximately 740 acres within Katherine
Claims Number 39 through 43, Sitkinak "B" Claims Number 2, 3, 4, 6,
7 and 14, and West Beach Claims Number 32 through 40 on Sitkinak
Island). The resource extraction activities will consist of:
) an initial exploratory work phase involving magnetic surveys,
seismic surveys, drilling, and testing of the proposed
recovery systems to locate the highest concentrates; and
(2) extraction activities involving removal of materials by a drag
line bucket and /or a gravel pump suspended from the boom of a
dragline. Extraction will take place both above and below the
mean high water line.
The extracted materials will be transported to a portable screening
and recovery system consisting of magnetic separators, jigs,
spirals, and tables. Processed materials will be returned to the
approximate point of origin. Maximum quantities extracted and
processed will be 2,000 cubic yards per day. The extraction
activities will be supported by miscellaneous equipment, base
Planning & Zoning Commission
12 of 18 May 18, 1988 Minutes
Robert MacFarlane
Facilities. Coordinator
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615 -6340
PHONE (907) 486 -5736
May 12, 1988 •
RE: Case 88 -032. Request for a variance from Section 17.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger than the
permitted twenty -five (25) square feet] to be free - standing, and not at least
ten -(10) feet back from the property line, to locate in the right -of -way and
without a building on the lot for the purpose of identifying the new hospital
site in a R2 -- Two- Family Residential Zoning District. Tract R -1A, U.S.
Survey 3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
Dear Mr. MacFarlane:
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 worksession held Wednesday, May 11, 1988.
If you have any questions or comments, please contact the Community Development
Department at 486 -5736, extension 255.
Sincerely,
Patricia Miley, Secretary
Community Development Department
enclosures
Kodiak Island Borough
M E M O R A N D U M
DATE: May 11, 1988
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the May 18, 1988 Regular Meeting
RE:
ITEM VI -I
Case 88 -032. Request for a variance from Section 17.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger than
the permitted twenty -five (25) square feet] to be free - standing, and not
at least ten (10) feet back from the property line, to locate in the
right -of -way and without a building on the lot for the purpose of
identifying the new hospital site in a R2-- Two - Family Residential Zoning
District. Tract R -1A, U.S. Survey 3218; 3235 Rezanof Drive East.
(Kodiak Island Borough)
Thirty -six (36) public hearing notices were distributed on May 4, 1988.
Date of site visit: May 9, 1988.
1. Applicant: Kodiak Island Borough
2. Land Owner: Same.
3. Request: For a variance from Section 17.60.030(C and G) (Residential
District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet
larger than the permitted twenty -five (25) square feet] to be
free - standing, and not at least ten (10) feet back from the
property line, to locate in the right -of -way and without a
building on the lot for the purpose of identifying the new
hospital site.
4. Existing Zoning: R2-- Two - Family Residential Zoning District
5. Zoning History: The 1968 Comprehensive Plan identifies this area as
Residential - Unclassified. Ordinance 80 -09 -0 passed in
1980 rezoned the area from Residential Unclassified to
Rural Residential. Ordinance 83 -77 -0 rezoned this area
from RR1 to R2 -- Two - Family Residential. Departmental
files indicate no further activity.
6. Location:
Physical: 3235 Rezanof Drive East
Legal: Tract R -1A, U.S. Survey 3218
7. Lot Size: 17.3 acres
Case 88 -032 1 May 18, 1988 P &Z
ITEM VI -I
8. Existing Land Use: Vacant (proposed Kodiak Island Borough Hospital)
9. Surrounding Land Use and Zoning:
North: Woody Way Loop
South: Tracts A -5, C -1, D1 Kadiak Alaska Subdivision
Use: Residential, church, and vacant land
Zoning: R2 - -Two- Family Residential
East: Rezanof Drive
West: Lot 2, Block 2 and Lots 1B and 10, Block 4, Killarney Hills
Use: Vacant, zero -lot -line structures, and a single - family
residence
Zoning: R2 -- Two - Family Residential
10. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for Medium
Density Residential.
11. Applicable Regulations: The following sections of Title 17 (Zoning)
of the Borough Code are applicable to this request:
17.60.030 Residential districts. In all residential districts the following
signs are permitted:
C. One sign, not exceeding twenty -five square feet in area, for the purpose
of identifying multiple family dwellings, hotels, clubs lodges, public
and semipublic institutions and similar uses.
G. The signs in this section shall be mounted flat against a building or at
least ten feet back from the front lot line.
Kodiak Island Borough Coastal Management Program. Not applicable for these
minor actions of constructing a sign.
COMMENTS:
The purpose of this request is to allow an existing sign that is seven square feet
larger than Borough Code allows and not properly located on the site to remain as
it is presently located. This case was initiated by a complaint.
A. Sign Location
Borough Code Section 17.60.030(G) states: "The signs in this section shall
be mounted flat against a building or at least ten feet back from the front
lot line." The sign at its present location is not located upon the property
in which it intends to serve. The sign is approximately 50 feet beyond the
side property line (the front property line is along Woody Way Loop) in the
Rezanof Drive right -of -way. The sign partially meets the intent of Section
17.60.010 of the sign code which states signs will not "by reason of their
size, location, construction, or manner of display, endanger the public
health, safety, or general welfare." It fails to meet the other portion of
this same section due to its size and location. Borough Code states that
signs will be regulated to "support and complement" the intent and purposes
of the zoning code (land use regulation).
Case 88 -032
2 May 18, 1988 P &Z
ITEM VI -I
It can only be assumed that the sign was placed at its present location so
that it would be noticed by the public and because of the ease of
installation. It can be easily argued that the sign is readable if placed in
a legal location 50 feet back from where it is now located.
B. Sign Size
Borough Code Section 17.60.030(E) allows "One sign, not exceeding twenty -five
square feet in area, for a church, public or charitable institution." The
current size of the sign is 32 square feet based upon a 4 foot by 8 foot size
of a sheet of plywood.
Looking back at the departmental files on past Commission action on changes
to the sign code, any discussion on how or why the maximum size limit is 25
feet is absent. The limits placed on sign sizes in other districts or in
other residential areas are in multiples of 5. Any discussion about
regulating the size of signs based on standard sizes of construction
materials is also absent. Using a 4 foot by 8 foot sheet of plywood for a
sign is reasonable and using dimensional lumber and sheets of plywood should
be considered when the sign code is rewritten.
C. Complaint Only Enforcement
The enforcement of the provisions of the sign code is poor, primarily due to
the "complaint only" basis by which the Borough chooses to enforce its
regulations. This is especially true when there exists a number of sign
violations within a short distance from the site. These individuals may not
know where the property boundaries fall. However, the Borough has no excuse
given the fact that all the resources are at hand to determine property
lines, setbacks, etc.
FINDINGS OF FACT
In order for the Commission to grant a variance, all of the following conditions
must be satisfied. The request is divided into two (2) parts:
A. The variance from the location requirements; and
B. The variance from the size requirements.
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 terrain in the vicinity is flat so it poses no topographic
restraints in the placing of the sign in its proper location. The
vegetation here is open and will not hinder the viewing of the sign from
Rezanof.
B. The terrain in the vicinity is flat so it poses no topographic
restraints for construction of the sign larger than the regulations
permit. The vegetation here is open and will not hinder the viewing of
the sign from Rezanof.
Case 88 -032
3 May 18, 1988 P &Z
r
ITEM VI -I
2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
A. Strict application of the Zoning Ordinance will not result in practical
difficulties or unnecessary hardship in locating a sign in its proper
location. The sign is a general information sign and need not be placed
in a specific location to get its message across.
B. Strict application of the Zoning Ordinance would cause the sign to be
redone. As stated earlier, using standard cuts of wood for sign
construction is a reasonable approach in regulating signs and should be
incorporated as part of any review of the sign code. The sign, is
larger than allowed and should be redone to conform to standards now in
place. The hospital project will not be substantially altered by making
a new sign or by reducing the size of the present sign.
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. Though the granting of the variance for this case will not result in
material damages or prejudices to other properties because of the site's
seventeen (17) acre size. It is important to regulate signs because of
visual clutter and lighting nuisances that can occur if signs are not
regulated.
B. Granting of the variance from size requirements of the Borough Code will
not prejudice other properties in the neighborhood because the sign is
on a seventeen (17) acre tract and the applicant has proposed relocating
the sign one hundred (100) feet from the centerline of the highway.
4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
A. Granting of a variance from the locational requirements of the sign code
is not necessarily contrary to the comprehensive plan as signs are
allowed in this zoning district.
B. Granting of a variance from the locational requirements of the sign code
is not necessarily contrary to the comprehensive plan as signs are
allowed in this zoning district.
5. That actions of the applicant did not cause special conditions or financial
hardship from which relief is being sought by the variance.
A. Though the sign is in place, moving the sign to its appropriate location
will not cause a special condition or financial hardship. The hospital
site is still in the excavation /rock removal stage. Equipment to
relocate the sign is available on the site.
B. The sign is constructed in absence of a permit that would have spelled
out the size requirements. Therefore, actions of the applicant have
caused the condition from which relief is being sought by the variance.
Case 88 -032
4 May 18, 1988 P &Z
ITEM VI-I
6. That the granting of the variance will not permit a prohibited land use in
the district involved.
A. Signs are permitted in the R2--Two-Family Residential Zoning District.
B. Signs are permitted in the R2--Two-Family Residential Zoning District.
RECOMMENDATION:
It is inexcusable that the sign was built and placed without proper administrative
review. The Borough should set the standard in following the Borough Code.
Because of that the sign should be relocated and reduced in size.
A. Staff finds that the locational aspect of this request does not meet all the
conditions necessary for a variance to be granted under Chapter 17.66
(Variance) of the Borough Code and recommends the sign be relocated.
B. Staff finds that the size aspect of this request does not meet all the
conditions necessary for a variance to be granted under Chapter 17.66
(Variance) of the Borough Code and recommends that the sign size requirements
be met.
Case 88-032
5 May 18, 1988 P&Z
ITEM VI -I
APPROPRIATE MOTION:
Should the Commission agree with the staff recommendation, the appropriate motion
is:
A. Sign Location
Move to grant a request for a variance from Section 17.60.030(G) of the
Borough Code to permit one (1) sign totalling thirty -two (32) square feet
[seven (7) square feet larger than the permitted twenty -five (25) square
feet] to be free - standing, and not at least ten (10) feet back from the
property line, to locate in the right -of -way and without a building on the
lot for the purpose of identifying the new hospital site in a R2 - -Two- Family
Residential Zoning District. Tract R -1A, U.S. Survey 3218.
Staff recommends that the above motion be denied, and the following motion
made:
Move to adopt the findings 1(A) through 6(A) contained in the staff report
dated May 11, 1988, as "Findings of Fact" for this case.
B. Sign Size
Move to grant a request for a variance from Section 17.60.030(C) of the
Borough Code to permit one (1) sign totalling thirty -two (32) square feet
[seven (7) square feet larger than the permitted twenty -five (25) square
feet] to be free - standing, and to locate on a lot without a building for the
purpose of identifying the new hospital site in a R2 - -Two- Family Residential
Zoning District. Tract R -1A, U.S. Survey 3218.
Staff recommends that the above motion be denied, and the following motion
made:
Move to adopt findings 1(B) through 6(B) contained in the staff report dated
May 11, 1988, as "Findings of Fact" for this case.
Case 88 -032
6 May 18, 1988 P &Z
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Case 88 -032 Tract R -1A USS 3218
3235 Rezanof Drive East
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C2
9. . .
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Box 1633
Kodiak, Alaska 99615
May 11, 1988
Planning and Zoning Commission
Kodiak Island Borough
Kodiak, Alaska
Dear Commissioners:
I object to the Borough's application for a variance for its non-
conforming hospital site - sign . I do not live in the neighborhood
of the hospital site, but I pass the sign several times a day and
feel that this variance involves a principle that affects all Borough
residents. I have a previous obligation tonight, or I would have
appeared to testify in person.
The sign does not meet all the qualifications for variance approval
specified by Section 17.60.030.
There are no exceptional physical circumstances about the hospital
site that require an oversize sign located in the right -of -way.
The property is flat and offers numerous places to post a sign.
Once removed from the right -of -way, the sign will still be close
enough to the highway to be readable in a size that does not exceed
25 square feet.
No practical hardships would result from requiring the Borough to
install a smaller sign. The sign is an informational one and does
not control traffic or require immediate action on the part of vehicle
operators. The present sign is not state of the art. The supports
appear to be rough -cut 4 x 4's, and the Roman lettering is not as
easy to read as Gothic letters would be.
It is the action of the Borough itself that has caused the condition
from which the Borough is seeking relief. I find it mildly disturbing,
although probably understandable, that the Borough erected a sign
that did not meet its own ordinances. I find it appalling that
the Borough has requested a variance to keep it there. If the Borough
government cannot obey its own regulations on something as innocuous
and easily replaceable as a sign, how can it expect Borough citizens
to obey Borough ordinances, especially when there is often an economic
cost attached to compliance. Surely, what's good enough for Borough
citizens should be good enough for Borough government.
Sincerely,
ckit
Pat Szab
RECEIVED
MAY 111988
DEVELOPMENT DEPT.
• KODIAK ISLAND BOROD
COMMUNITY DEVELOPMENT DEPNT
710 Mill Bay Road
. Kodiak, Alaska 99615
ITEM VI-I
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, May 18, 1988. 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 88-032. Request for a variance from Section 17.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty-two (32) square feet [seven (7) square feet larger than the
permitted twenty-five (25) square feet] to be free-standing, and not at least
ten (10) feet back from the property line, to locate in the right-of-way and
without a building on the lot for the purpose of identifying the new hospital
site in a R2--Two-Family Residential Zoning District. Tract R-1A, U.S. Survey
3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
RECEIVED
• tuy 1 1 838
COMMUNITY
DEVEUWMENTOEMr.
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.
2705 Mill Bay .Road
Your Name: Brechan Enterprises, iiign.n1
i Address: Kodiak, AK 99615
Your property description:
Comments: This. is Government at the highest level - the Borough
cannot read its own regulations. It probably cost more for the
• ,-
mailing of this notice then it would,be to cut the size of the
sign to legal size. Anyway, the Borough forces businesses through
this type of aggravation all the time.
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Case 88 -032 Tract R -1A USS 3218
3235 Rezanof Drive East
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KODIAK ISLAND BOROUGH (--,
COMMUNITY DEVELOPMENT DEPART1L
710 Mill Bay Road
Kodiak, Alaska 99615
ITEM VI-I
PUBLIC HEARING NOTICE.
A public hearing will be held on Wednesday, May 18, 1988. 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 88-032. Request for a variance from Section 17.60.030(C and G)
(-RtIsidential----District- Signs) 017-- the Borough -Code—m-permIt one -(1)- sign
totalling thirty-two (32) square feet [seven (7) square feet larger than the
permitted twenty-five (25) square feet] to be free-standing, and not at least
ten (10) feet back from the property line, to locate in the right-of-way and
without a building on the lot for the purpose of identifying the new hospital
site in a R2--Two-Family Residential Zoning District. Tract R-IA, U.S. Survey
3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
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 N e: iza s Korrcz
_
Mailing Address:
Youi:-pruperty-descriptiOh:
Comments:
Re.444.se_
1A4 Fr Cos4
DX
e s e THE ..7r-9 '&1
F 7.;( P4. 11 I -Fre/ O Ajs
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NtiuiAK ISLni,u WROUGii
POST OFFICE BOX 1246
KODIAK, ALASKA 99615
Conditional Use Permit
Exception •
Variance
Zoning Change: From:
To:
CODE SECTION INVOLVED: , 7 , GO. 0 t) CG-) (c)
•
f,•
NOTE: The application fee for all items covered by this form is $50.
Conditional Use Permits, Exceptions, and Variance Applications also require
the submission of a site plan.
APPLICANT: .4\its-ijel--t6
Name
---2( 0 'IA fS ci
address Work Telephone
Nome Telephone
City, State, Zip
PROPERTY: 10_i g- ) i� , -3 2- (
Lot
Block Subdivision Name
United States Survey = Section, Township, Range, S.M.;
PRESENT USE OF PROPERTY: jj-,C.4f
PROPOSED USE OF PROPERTY: j a s( SL A s , , o�- - 3?
f4,4,41) r= x S ; 5.1,, �"� .�.�..-
-2 �y -rh if-)L;
I have been advised of the procedur. s in•:ol veo with this request and have
received a copy of the appropriate re ^ua ticns.
Authorized orized As =nt Oat,._
Date Application Acce teo:
Property 0.0in)et-rt/14
Date
April 140 1988
To: Bud
From: Gordon
Subject: Tract R-1A, USS 3218
Hospital Sign, Zoning Violation Complaint
A complaint has been received about the recent installation
of the Hospital sign near the above referenced lot which is
located in a R2-Two-family Residential zoning district. The
complaint alleges that the thirty-two square foot sign was
installed in the State of Alaska right-of-way, without
zoning compliance. A site inspection and review of Planning
and Zoning records confirms this Allegation.
In a residential zoning district, Kodiak Island Borough Code
(KIBC) 17.80.030(C) allows "One sign, not exceeding
twenty-five square feet in area, for the purpose of
identifying ... public and semipublic institutions ...."
And Subsection KIBC 17"80.030(G) states that "The signs in
this section shall be mounted flat against a building or at
least ten feet back from the front lot line." KIBC 17.60 is
silent on s|gns identifying future public institutions.
Such signs, therefore, are prohibited, KIBC 17.03.080v even
if the sign is the right size and located on the right
property at least ten feet back from the lot line.
The following action is required if the borough wants the
sign to remain where is, as is:
1. Obtain written permission from the State of Alaska
allowing the borough to place a sign in their right-of-way
and act as their agent with regard to the variance
application.
2. Apply for a variance from the Planning and Zoning
Commission to place a sigh exceeding the allowed size by
seven square feet beyond the property line.
The deadline for the May 1988 Planning and Zoning Commission
meeting is April 1988 at 5o00 p.m.
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT OFFICE
VIOLATION COMPLAINT
I wish to report an alleged violation of the Borough's regulations.
I understand that if a violation exists and it is not remedied within ten (10) days of the receipt of a
____warning notice, a citation will be issued requiring a court appearance by the violator.
LEGAL DESCRIPTION OF PROPERTY INVOLVED:
LOT -TPA& I A-
BLOCK
SUBDIVISION (ASS
U SS #
PROPERTY OWNER:
NAME T) [A1/ D21)4).-)D (.0 _TELEPHONE*
ADDRESS
PROPERTY IS ZONED:
COMPLAINT:
0,tjo w o,uU, wm_k_2/1-r ?-0,AALD
cAAPi40,_)cf 40AP/6 Uli-04)0"10 )ccilu
fievA 6/3 7E 01- St GA)
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\DutA-tPc-f- W3o c k— (5)(46
g_c(0(4--i 1LT Co t-1)0( S-1- (, ADDRESS:
/4)6-'4 '6)(
TELEPHONE
44(6
DATE-
PERSON ACCEPTING COMPLAINT:
DATE:
(Revised 8/83)
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Robert MacFarlane
Facilities Coordinator
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
K�diak IslandBorciugh
710 MILL BAY ROAD
KODIAK, ALASKA 99615 -6340
PHONE (907) 486 -5736
May 4, 1988
RE: Case 88 -032. Request for a variance from Section 17.60.030(C and G),
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger than the
permitted twenty -five (25) square feet] to be free- standing, and not at least
ten (10) feet back from the property line, to locate in the right -of -way and
without a building on the lot for the purpose of identifying the new hospital
site in a R2 -- Two- Family Residential Zoning District. Tract R -1A, U.S.
Survey 3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
Dear Mr. MacFarlane:
Please be advised that the above - referenced request has been scheduled for review
and action by the Planning and Zoning Commission at their May 18, 1988 regular
meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers,
710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended.
The week prior to the regular meeting, on Wednesday, May 11, 1988,. 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, Sec - ;ry
Community Developme )epartnment
KODIAK ISLAND BOROUGH '--f;
COMMUNITY DEVELOPMENT DEPARTMENT.
710 Mill Bay Road
Kodiak, Alaska 99615
ITEM VI -I
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, May 18, 1988. 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 88 -032. Request for a variance from Section 1.7.60.030(C and G)
(Residential District Signs) of the Borough Code to permit one (1) sign
totalling thirty -two (32) square feet [seven (7) square feet larger than the
permitted twenty -five (25) square feet] to be free - standing, and not at least
ten (10) feet back from the property line, to locate in the right -of -way and
without a building on the lot for the purpose of identifying the new hospital
site in.a R2 - -Two- Family Residential Zoning District. Tract R -1A, U.S. Survey
3218; 3235 Rezanof Drive East. (Kodiak Island Borough)
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:
• •
_ • ••:r: ::• •
••
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Case 88 -032 Tract R -1A USS 3218
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KODIAK AK 99615
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KOOIAK AK 99615
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P.O. BOX 271
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