ELDERBERRY HGTS 1ST BK 2 LT 10 - Exception•
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KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES
MAY 20, 1981, regular meeting
Page 5
6. PUBLIC HEARING ON CASE I-81-009. A request to rezone Elderberry Heights First
Addition, block 2, and the unsubdivided portion of USS 1396 south and east of
Selief Lune in sections 28 and 29, T273` R19H, SM from rural residential to R-2.
(P & Z Commission)
STAFF REPORT: Mr. Walton presented the staff report based on a memorandum preo n
by the Planning Department. Staff recommends approval of the zoning change.
Zero lot line concept Mr. Walton read another staff report on this subject.
My only worry is that the term variance was used and that the motion did not statE
that your approval dealt with the Zero Lot Line concept, and I think that you
should add that somehow to protect the owners of the property if you still agree
with the zero lot line concept.
Mrs. Crowe the problem I have with that is that it has not been advertised for.
We would in essence be granting an exception that we did not hold a.public hearinc
on. How do you feel Ron?
Mr. Ball all we are doing i i commission thought at that ti
They did not realize when they granted that a variance would expire in six
months, they are inconsistent with each other.
Discussion-on special exception.
Mr. Ball we are not chancing anything that the Commission thought at that time di,
we are just clearing up an item that 'could coue us problems years from now.
Mr. Walton we would have problems if a person came in for a building permit now,
we would go back to the case file and look up the minutes and say that two varia-
nces were granted and they have never been used and the exceotion allows 10 town- -
houses if a person proposed something else as a zero lot line would not go througl-
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Mm. Crowe asked Mr.- Rick Garnett if the Commission has the freedom vithoutan
additional public hearing to add something like this into a motion.
Mr. Garnett asked for the question to be restated.
Mr. Walton read the question again.
Mr. Garnett you are taking about clarifying a motion thutoxms made in the past.
It would just be a technical clarification of what was assumed at that time.
Discussion between the Commission and the Borough Attorney:
Mr. Hill isn't this going to be a new action if we delete the variance (the word)
Mr. Walton it has already been deleted by no action
Mr. Hill. I know that, but I am sayin if we take action this because if we
redothis the way you stated we are deleting the word variance and we are creatin
a new action.
Mrs. Crowe it was just a qUestion l had because l do not want it to appear as
though we'are taking a different action than what we advertised fmr,
Mr, Ball Mr. Garnett could We make a statement like this where the word variance
was used in May.17, 1978 meeting we believe exception should have been used.
Mr. Garnett yes, you can do that, what you would be saying is that exception was
intended.
-� Mr. Ball that is right.
Mr. Garnett l think you can do that in a clarified situation if, however, there-i
some body out there who has a big stake in reading it'snme other way, then it is
not at all clear-that what you do tonight would be ironclad protection. But it
may help'.
Mrs. Crowe closed the regular meeting and opened the public hearing.
Larry L Do x 'support the rezoning ` would like to put in an efficiency apartment
in there.
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P & Z cpntidued
547/18--
Page 3
Mr. Anderson amended diemotion to read as follows To dedicated street
from Alderwood Subdivision to the end of 1 & 2 including the cut .
de sac, with inspection rights to the City to inspect the ",.oad, sewer and
water lines. Mr. Anderson's main motion'shoUld reflect to standards
instead of Borough or City standards . Mr. ierez approVed amend:-.ent.
Notion passed with unanimous roll-call vote.
rs, ,A,AA,Y,A•
B. . ZONING
Special Exception for duplex townhouses in an unsubdivided portion of
USS 1396, Elderberry Keights'(portion) 2.083 acres, 10 lots. (L. *,rothe).
Mr. Milligan stated that duplex town houses or zero lot line development
is a new concept. Uni...er this concept the individual owns half of the
,dwelling unit and half of the lot the building sits on. It does not che:ve
the character in terms of uses allowed in zoning district. Also it
does not alloy a greater density.
The Chairman closed the regular meeting,ond opened the Public Hearing.
MR. PRUCE MASSZY :711like a coominium, there is no home owners asreement.
Each unit has a strong conveyance and is enforceable by the neigor. All
utilities will be underground aft each unit.
NR. NI2 SHOCZLEY: Local housing contractor stated that the main problem
in '.7odiak in building and development is land, sewer and water.
The ChOirwan closed the Public 7!earing and opened the regular meeting.
Mr. Ball moved to rant a special exception for duplex townhouses in an
• unsubdivided'portion of USS 1395, !noun as Elderberry Heights and grant
'variance fromFrequired Section 16.20.050 and 17.12.030 of :I73 Code of
• Ordinances. Also- the following 4 conditions to meet the variance: The
intended.use will provide two advantages to the community, 1. 007:eduction
in cost to the buyer as a decided advantage, 00 It will not change the
• appearance, permitted density or characteristic of the-neighborhood.
2. No hardships would be created or adverse effects be imposed upon the
surrounding area. 3. We find no detrimental or prejudicial impacts Will
result from granting this variance. 4. :.:ranting this variance will not
be inconsistent with the Comprehensive Flan as the densities allowed will
not change. . Mr. Pugh seconded the motion. Motion passed with unanimous
roll call vote.
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Variance_to permit more'than one principal dwelling structure in an E-3
(multiple family) zoning use distriet, Lot 1, Block 1, Killarney Hills
Subdivision, 4 structures, 2.48 acres (7orest Investment) --Mr. Milligan
stated that the applicant has adequately met the variance,requirements es
set forth in Section 17.66.090 (b) of the KIS Zoning Ordiance.
The Chairman closed the regular meeting and opened the Public Hearing.
FOR
MZ. GL-Nr KIZFA . Architect for the development, stated that the project
meets- the criteria set up by Farmers. Home Administration. Mr. Kizer also -
stated that when the project is completed it will add up.to in excess of -
$2,,000,000 to the tax, base. Even though it is financed by PHA it is still
a tax.payingproject. ,
AGAINST '
MRS, HENKY MEUNITR. Owns property in Killarney Hills and questioned the •
adequacy 'of water and-sewer lines to service this tlevelopment,..and 3 schools.
:Mrs. Meunier also stated that at the time of purchase property owners in
in Killarney !!ills Subdivision received a copy of a covenant from the •
Archdiocese in Anchor:Ise.,
MR. JOM CURLY. Mr. Curly ,lives on Lot 2 and is concerned with the following:
parking, traffic flow, -taxes and low income housing.
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FATHER BATES. "resent pastor of ::t. Xary's and was not aware of the cov-
enant.
M. HENRY MEUNIZ:Z.. Feels the Church was trying to enforce the covenant.
174 V4=t=74t2:47,4,,i
4--7.17A4:47,,31:Zr4■24.4'
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P & Z contj.nued
5M7g
The Chairman opened the Public Nearing. No a
Following some discussion, Mr. Pugh moved to approve
Lot 6 A,,'Block 1, Miller Point AI: Subdivision with t
by the Staff. Mr. Perez seconded the motion. '!otio
Anderson casting NO vote.
4. Subdivision of Lot 4, Block 3, Miller Point Ak Subdivision, 4.02 acres,
3 lots, (Dave Lorring & Ray Tufts).
Mr. Mulitalo stated that Staff recommends preliminary approval with the
following stipulations: 1) the distance .between the main dwelling and
accessory building Le indicated; 2) the square footage of unidentified
lot be indicated and 3) unidentified lot be identified.
The Chairman opened the Public nearing. Ho one appeared to testify.
Hr. Pugh moved to grant. approval of Subdivision of Lot 4. Bloch 3, Miller
Point with the stipulations as outlined by the Staff. Mr. Perez seconded
the motion.. Motion passed with unanimous roll call vote.
5. Vacation of Lots 14 & 15, Block 2 and-Replat to Lots 14 A. 14 B, 14 C, 14 D.
and 14 E, Block 2, Monashka Bay Subdivision. 5.16 acres, 5 lots (D. Erdman).
Mr. Mulitalo stated that the configuration of the property is not prac:ical.
Staff recommends denial of the subdivision. The Chairman opened the
Public Hearing.
MR. DAVE HERRNSTEEN, Lives on Lot 13. Mr. Herrnsteen indicates there is
more water on Lot 14- than indicated.
MR. RON CILkSE, indicates that he hds water rights.
The Chairman closed the Public Hearing and reopened the regular meeting.
Mr. Pugh moved to deny preliminary approval of Vacation of Lots 14 & 15,
Block 2 and replat to Lots 14 A, 14 B, 14 C, 14 1) and 14 E, Block 2 Mon-
ashka Bay AK Subdivision, 5 lots, D. Erdman due to: 1) No approval from
D.E.C.; 2) no safeguards to protect water supply of adjacent properties;
3) some proposed lots are largely water; and 4) Lot 14 may not be
developable. Mr. Erwin seconded the motion.. Motion passed with unanimous
roll call vote.
vision of Zunsub=.7e7p=c;:"O"f—U—S-; Elderberry Heights
Subdivision 7.301 acres, 23 lots (Lenhart (rothe)
In the analysis, Mr. Milligan stated that the marshy-dreas serve to hold water
for release during dry periods into Beaver Lake which in turn feeds into
Dark and Island Lakes. Disturbance of this sensitive area through fill
activities and building development could cause siltation of these lakes
and also affect the future water level of Eeaver Lake. Mr. Milligan also
stated that, the property is located downstream from the lower. reservoir ,
and appears to be located within the flood plain described in the U.S.Army
Corps of Engineer's Special Flood Hazard Report for Lake Bttinger. The
City Engineer advises that the sewer line which bisects.this property has
not been accepted by the City for operation and maintenance, however it
should he accepted prior to any building development within this proposed
subdivision.
The Chairman closed the regular meeting and opened the Public Hearing.
N. BRUCE MASSEY: Mr:Massey stated that he plans to construct zero lot
line duplexes, i.e.,where an individual owns half of the building and they
also own half of the lot the building sits on.
MR. LENHART CROTHE: Mr. Crothe stated that the lot ranges in size from
13,000 up to 25,000 sq. ft.
MR. IVAN WIDOM: City Manager that as develapment increases and pressure is
placed on the City to take over utilities and services, it creates an undue
burden on the City.
MR. LENNART GROTHE: Mr: Grothe stated that the dedication .of the road, as
shown on the map will be done when the sewer and water line and underround
utilities are in and completed.
Mr. Anderson moved to grant conceptual approval on Black 1 & i'as platted
with stipulations that Cle sewer and water be approved by the City before
any occupancy of the buildings. Also that Block 1 be restricted to single
family dwellings because ot.7 the vater course in the small lakes. That the
road— Seleif Street be built.to Borough or City Standards and be dedicatee
prior to any occupancy. %1.7. Perez seconde, . the motion.
Mr. Vidom stated that the ("icy would like to nave the land dedicated with
the approval of 2 & Z, to the City of ,oz'.iak.
KODIAK ISLAND BOROUGH
Telephones 486-5736 - 486-5737 Box 1246
KODIAK, ALASKA 99615
September 10, 1981
Mrs, Bette Bishop
Bishop Realty
Box 753
Kodiak, Alaska 99615
RE: Zero lot line material for block 2 of Elderberry
Heights Subdivision.
Dear Bette,
Enclosed for your records are the pertainant Planning and Zoning
Commission minutes dealing with the zero lot line exception
granted to all lots in block 2-of-Elderberry Heights, First
Addition.
The original motion passed in May of 1978 (see item #1) was
worded incorrectly and clarified by the Commission in May
of 1981 (see item #2). The Commission also rezoned block 2
from Rural Residential to R-2 (duplexes) at this same meeting:
Item #3 deals primarily with the stipulated condition that
block 1 be utilized by single family residences because of the
existing water flow in that area.
If we can be of any further assistance to you on this matter,
please feel free to call on us at 486-5736.
Sincerely,
William . Ho gins
Community Development Department
Zoning Officer
WRH/jmj
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KODIAK ISLA'i: 30ROUGH PLANNNING AND ZONING COMMISSION MINUTES
MAY 20, 19Ei. ^egular meeting
Page 6
Harry B•- :nton who is blasting over there? Do they have a permit? Not opposed to
zoning ::range.
Mr. Bal.; _an Grothe is preparing a Church site.
Mr. Crow' he does have permits.
Mrs. Croce Closed the public hearing and reopened the regular meeting.
Mrs. Croce what do we want to do about the zero lot line problem?
Discussi:n between the Planning Commission.
Mr. Bar roved to clarify the intent of the Minutes of May 17, 1978, Planning and
Zoning :.:.mission, page 3 by placing the following in this evenings minutes:
"Mr. Ba:' moved to grant an exception for duplex townhouses, using the zero lot
line con :ept, for lots 1 -10, block 2, Elderberry Heights First Addition. Also
the following four conditions to meet the exception: the intended use will pro-
vide twr advantages to the community, 1(a) reduction in cost to the buyer as a
decided ::vantage, (b) it will not change the appearance, permitted density or
characte-istic of the neighborhood, 2. no hardships would be created or adverse
effects :e imposed upon the surrounding area, 3. we find no deterimental.or pre -
judicia' impacts will result from granting this exception, and 4. granting this
exceptior will not be inconsistant with the comprehensive plan as the densities
allowed .ill not change." Seconded by Mrs. Walser. Motion PASSED by unanimous
roll ca'- vote.
Mr. Ramerlia moved to recommend approval of a zoning change from rr -rural resident
ial to : -? two family residential on an area described as Elderberry Heights
Subdivis-Qn First Addition, block 2, and the unsubdivided portion of USS 1396 sout
and eas: Jf Selief Lane in Sections 28 and 29, T27S, R19W, Seward Meridian. 5ecor
ed by Mrs.. Walser. Motion PASSED by unanimous roll call vote.
PUBLIC BRING ON CASE Z -81 -010. A request for an exception from Sections 17.30.
040, 17_7.1.060(8) and 17.30.060(18) to permit Kodiak Island Housing Authority
to build 18 units on Tracts B and E, Kodiak Alaska Subdivision. (Tom Azumbrado)
STAFF RE.)RT: Mr. Walton presented the staff report based on a memorandum prepare
by the = "snning department. Mr. Walton mentioned several handouts and read an
addendur an annexation.
Mrs. Crc'.e how many notices were sent out?
Mr. WalrnT 37 notices sent out
Discussim between Commissioner's,
Mrs. Cro,a closed the regular meeting and opened the public hearing for those in
favor.
Walt Eby - I am an attorney and I represent Kodiak Island Housing Authority. Woul
like to eadress the project itself, the exceptions have been outlined by the staff
report :c I would like to give you our interpretation of the request so that ther
is no ccn usion in the record. The project falls within three exceptions within
the code and the request is directed towards these exceptions in the alternatives.
Approva' Jf one of the exceptions will allow the project to be built. Plans be
incorpo -:ed into the record as they were presented, now as it has been pointed oL
there is : question about parking and the plans would be amended to provide for
the additonal offstreet parking as the staff deems necessary, also we would add
an addi-nnal tot lot and there would be no problem in adding additional play-
ground The plan calls for 48 units the property is zoned R -2 and 48 units
could be :onstructed on the property the exception is necessary for the clusterinc
of thes_ :nits. Clustering is essential. Does not increase density (overall) or
contrave.e the plan or the zoning title.
Mr. Br`-s you made the statement that it would be cheaper to maintain your comole
buildir:_ as it would be for a duplex? Are you referring to yard maintenance or
are yoL " ferring to the actual building maintenance?
Mr. Eb we are referring to building maintenance and overall operational costs
and ais::osts by the tentant. Clustering would limit costs.
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KIB ASSEMBLY MEETING, JULY 6, 1976 ,
(R. Carr).- Mrse_Kavanaugh moved for...adoption of 1.e50,1utc15
#78-49-R. Seccnded by_ Mr. ?cotter. Mr- Milligan stated this
area is zoned R-3 but there is a stipulation, agreed to by
Mr. Carr, restricting the development of Let 7A to a duplex,
Lot 8A to a single family dwelling and Lot 9 to a duplex. Mr.
Logan moved that this stinuletion beplaced on the plat.
Amendment carried by unanimous roll call vote. • Mainemotion
carried by unanimous roll call vote. •
G. Resolution #78-50-R Subdivision of Portion of Previously
Unsubdivided 46 Acre Tract within USS 1396; Lots 1-13, Block 1
& Lots 1-10, Block 2, Elderberry Heights Subdivision (L. Grothe).
Mr. Peotter_moved for adoption_of_Resolutica y79,50eR„L_Aecondad
by Dreffamick. i11in explained the history of this area
andrequest. Stated that 1. the developer has agreed to a etip-
ulation that the lots in Block I will bc restricted to one-fail:7.1y
development only ac F;OMe soil in this block is marginal; 2. does
not conform to'regelaticn in that there is a distance greater
than 1,000 feet without an intcreecting street. This requirement
will be met as the area is further cubdivided; 3. requests a
temporary turn around on borcugh property. Mr. Milligan read a
letter from Mr. Stafford, City Engineer, regarding the signature
block on the plat re: city acceptance of the utilities and roads.
Mr. Lregan moved_to a,aend tha raan_metio::1 that Lots 1-13, Block 1
have the restrictions lor_cal.:-femiIY_dellings Only_and,t)ie signa-
ture block provide for-theity Enginer to accept dedieetioneof
the roads and utilities. Seconded by Mr. Jac;s,___Zemended motion
a ed by unanimous roll call vote. Mr. Jeck mcve8 to amend to
waive the 1;000 fcot reauire7ent for cress streets. 'Seconded by
:DrefEmmick. Amended motion carried 6-1.with Mr. Williamscast7_
ing one NO vote, Ma.5:n motion carri-ed-b:Y 'unaniniOed roll call vote. 4
Dr. Enmick moved that the borouFh_grant_the right_for_encroachment
,.on borough land by the pr2posedtempoi7ary,turg_eround._
,by Mrs._Kavanaught__Moteon_cerried by unanimous roll call vote.
PAGE 4
H. Resolution #78-61-R Submitting to the Voters ar e tooer
Election a Proposition Authorizing Men-Areawide Water, Sewer
, Road Powers. Mrs. Wallin read a statement into the record as
follows: "Pursuant to A.S. 22.38.040-050 the assembly has held
. 'hearing with resolutions relating to adoption of Water, sewer
and road Dowers in the area :.tide citiea. The assembly finds
that exercise of the poWers would serve the public interests
that the borough ht s the ability to do so in an efficient,-
' effective manner". Mrs. Wallin also read Resolution .#78-51-R.
Mrs. Kavanaugh moved for edoptLon of Resolution P78-91-R;;
Seconded by Dr: Emmiek. It was explained.that the proper pro- -
cedure is to set up the pcwers first before setting up the dis-
-trict. Motion cerried 6,1 with MrJackeasting,one_NO_vote.
I. Request for'Policy Statement on Travel. by Member of Municipal
League Legislative Committee. Dr.'Emmick'read the correspondence.
• Mr, Logan yroved_tosend Dr. Emmick to the Municipal League Legis-
lative Committee. Seconded by Mr. Peotter. The assembly was
reminded to ba cautious regarding ii-;aVel in order to stay within
the budget allocetion. Motion carried 6-1 with Mr. Williams'
• casting one NO vote.
J. Policy Decision on Karluk, Chiniak & Woody Island School
Facilities Requirements. 'Mrs. Wallin read e memorandum-from
', Dr. John. Anttonen, superintendent of schools. Mr. Denslow re-
viewed the situation for providing schools in these areas. Mr.
Logan moved to provide a 20 x 50 foot ATCO unit designated for
Karluk.___Secondedeby,Dr,___Tmmick.
Ravana4-7 end Mr. !Williams casting HO.vptes. The,manager and
.attorneys were directed to.look into land sights in all-three
locations before the buildinzs arrive. Mr. Pcctter moved that
the renovation of the existing facility_onoody:I.sjandbepro7-
ceeded with. Seconded by Mr. Logan. pr. Emmickeamended the
motion to makethiscoptipgent,upon_letterofintent to convey
for all school sites, Sceonded by:Mr.11iams. Amendment
carried OK unarimous roll call vote. ;:ain motion carried/5-2
with Mrs. Kevc,naueh and 7•:',"5. laescen.
Williams :eve.- rlein.metien be ceon.'Or.' 'o 5.20 000
Seconded by rrs, _Keveoeugh. (Continued eof",p:e 5) •
KIB ASSEMBLY MEETING, JULY 6, 1978 PAGE 4 '
(R. Carr). Mrs. Kavanaugh moved for adoption af Resolution
#78-49-R: Seconded by Mr. Reotter. Mr. Milligan stated this ,
area is zoned R-3 but there is a stipulation, agreed to by
Mr. Carr, restricting the development of Lot 7A to a duplex,
Lot 8A to a single family dwelling and Lot 9 to a duplex. Mr.
Logan moved that this stipulation beylaced on the plat.
Amendment carried by unanimous roll call vote. MainmotiOn
carried by unanimous roll call vote.
G. Resolution #78-50-R Subdivision of Portion of PreviOU.sly ,
'UnsUbdivided 46 Acre Tract within USS 1396, Lots 1-13, Block 1
& Lots 1-10, Block 2, Elderberry Heights Subdivision (L. Grothe).
Mr. Peotter moved for adoption of Resolution_178-50-R.: Seconded
by Dr.' EMMick:: Mr. Milligan explained the history of-this area.
and'i,equest. 'Stated that 1. the developer has, agreed t6 a stip-
ulatipn, that the lots in Block 1 will be restricted to one-family
develOpment:only as, some soil in this block is marginal; 2. does
not conform'tO'regulatien in that there is. a distance greater
than 1,000'feet-without an intersecting Street, •This.requirdment
will be met as the area is further subdivided; 3. requests 'a
temporary turn around on borough .property. Mr. Milligan read a
letter from Mr. Stafford, City Engineer,'regarding:the signature
block on the plat re: city acceptance of the utiliiies.and roads.
Mr. Logan moved to amend theTainion_that
have the restrictions for one-fa141y_dwellingse,Oniy and the signa-
ture block provide for the City Engineer .to accept dedication.o .
the roads and utilities. Seconded by Mr. Jack. Amended motion
carried by unanimous- roll call vote. Mr. Jack moved to amend to
Waive the 1-000 foot requirement for cress streets. :•Seadnded-by
—Dr.::EMMick. Amended motion carried 67-1.,with_Mr, VilliaMsecast7e
,ing.one NO vote. Ma511 motion carried bynaniirio-ili roff-Call vote.
Dr.' Emmick moved that the borough grant_the'right.foreencroachment
.on borough land 1:).L.the proposed temporary'turn aroundr. . Seconded
by•Mrs. Kavanaugh. Motion'carried by unanimous 'roll call Vote.,
• Resolution #78-51-R Submitting to the Voters eL e is o e
Election a Proposition Authorizing Non-Areawide Water, ,Sewer &
Road Powers. Mrs. Wallin read a statement into the record as,.
follows: "Pursuant to A.S. 29.38.040-050 the assembly has held
hearing with resolutions relating to adoption'of Water,-sewer
and road powers in the arca outside cities. The assembly finds
that exercise of the powers would serve the public interests
eean .that the borough has the ability to do so in an efficient,
'
effective manner". Mrs. Wallin also read ResolutiOnf#78-51-R.
Mrd.: KaVanaugh moved for adoption of Resolution #78-51-R-
SecOnded by Dr a Emmick. It was explained.that the proper pro-
cedure is to set up the powers first before setting up the dis-
trict. Motion carried 6-4 with Mr. Jackcasting.one_N(Lvote.
I. Request forTolicy. Statement on Travel, by Member of Municipal
League Legislative Committee,, Dr.'Emmick read the Correspondence.
Mr,ekogan moved to send Dr. Emmick to the Municipal League Legis-
lative Committee. Seconded by Mr. Peotter. The assembly was •
reminded to be cautious regarding travel in order to stay within
the budget allocation. Motion carried 6-1 with Mr. Williams:
casting one NO vote.
J. Policy Decision on Karluk, Chiniak & Woody IslandSdhool
Facilities Requirements. Mrs. ,Wallin read a memorandum,from
Dr. 'John Anttonen, superintendent of schools. Mr..Denslow re-
viewed the situation for providing schools in these-areas. Mr.
Logan moved to provide a 20 x 50 foot ATCO unit designated for
Karluk: Seconded by Dr. Emmick. Motion carried 5-2 with-lirs.
Kavanaugh and Mr. Williamscasting_NO votes. The manager and
torney6 were directed to look into land sights in all three
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locations before the buildings arrive. Mr. Peotter moved that
the renovation of the existingefacility_on_WoOdy_Island,be proe
ceeded.with. Seconded 1:247 Mr. Logan. Dr. Emmick'aMended.the
motion to. make this contingent upon _letter of intent to convey
for all school sites. Seconded by Mr. Williams. Amendment
carried by unanimous roll callyotete Main motion carried 5-2
with Mrs. KavEnaugh and Mrs. Wasson casting_NO. votes. Mr.
Williams moved the mein motion be Emended to limit to *20,000.
Seconded by Mrs. Kavanaugh. (Continued to Page 5)
KODIAK ISLAND BOROUGH
MEMORA-NDUM
TO: P & Z Commission
FROM: Planning Department
SUBJECT: Request for zoning special exception
RE: Lots 1 through 10 proposed Block 2, Elder Berry Subdivision
(Lenhart Grothe)
/978
REQUEST
The applicant is requesting a zoning special exception to permit the
construction of ten (10 duplex structures on ten (10) lots within
the referenced proposed subdivision.- The unique aspect of this request
is that.following construction of the foundation for eachof the proposed
duplexes. The .applicant further proposes to subdivide each of the lots
equally through the center of the buildings. Thus.creating what is commonly
-preferred to in other parts of Alaska and the nation as duple town houses.
SITE
A basic description Of the,ssite has been presented in Case 5-78-035. A
major concern associated with this site and the proPbsed.subdivision is its
geographic location in the community. It is located to the east of the
Alderwood Townhouses project and requires all traffice entering or leaving
the Projectsto go,through the Aleutian Homes Subdivision; whether via
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Larch Street, Baranof Heights, Birch Street or North Boulevard, etc.
HISTORY
Historically, duplexes were structures or small apartment buildings where ,
the owner lived in one unit's-and rented the other.. They soon became low
cost apartments where a non-resident owner could invest a moderate cost
in an income producing structure.
Some years ago when housing costs started to rise and land ownership
concepts started to change, the duplex condominium concept emerged. That
is two individuals bought the buildings, each owned his own dwelling unit,
and they each enjoyedan equal but undivided interest in the lot and land.
More recently a new concept has emerged, that of the duplex town house or
zero lot line development. Under this concept an individual not only owns
his or her half of the building (dwelling unit), they also own the half of
the lot the building sits upon. With ever spiralling land development
and building construction costs. This concept allows a larger segment of
the population the privileges and responsibilities of home ownership.
Through this concept, in the two family zoning use district, individual
dwelling unit land costs are cut by 50 % and through common wall construction
techniques some building cost savings are gained. Not every one is
interested in this style of living, but to many persons the reduction in
land cost is the difference between ownership and renting.
This concept has proven desirable in every community where it has been
applied. It seems to work best in small areas as part of a mixed use
residential plan unit development and can work very effectively on isolated
lots within a duplex zoning use district. ,
ANALYSIS
Staff finds there are several advantages to the development concept
proposed in this application. It will provide a means of making privately
owner occupied housing available to a segment of the community who might
otherwise not be able to enjoy the privileges and responsibilities of
property ownership. It does not-alter or change the character or appearance
of the area in terms of uses allowed in the zoning district. It does not
allow a greater density than that otherwise allowed in the district.
Approval of this application merely allows a different method of property
ownership.
Page 3
Approval of this land development concept will require a variance from the
requirements of Section 16.20.050 (c) of the subdivision regulations whidh
states, (c) No lot shall have an area or width less than that required
by the zoning title", and Section 17.12.030 of the zoning ordinance
(unclassified zoning use district) requires, " (c) If water service and
sanitary sewer service are available on request from a certified public
utility or municipal system, the minimum lot, area is seven thousand two
hundred (7,200) square feet and the minimum lot width is sixty (60) feet."
SUMMARY
It appears that this request incorporates a concept of providing private
home and land ownership at a somewhat reduced cost without increasing the
zoning use district permitted densities.
RECOMMENDATIONS
The following options are presented for your consideration:
1. You can deny the request.
2. You can approve the request.
3. You can attach such conditionsto your approval as you find necessary
and appropriate.
4. If you approve the request you should also grant a variance from the
requirements of Section 16.20.050 (c) and 17.12.030 (c) of the
Borough Code of Ordinances.
5. You may wish to consider just the two variances and not review this
as a zoning exception.
P.O. Box 6589
Anchorage, Alaska 99502
In Kodiak:
General Delivery
Kodiak, Alaska 99615
ELDER BERRY HEIGHTS DUPLEX TOWNHOUSE. PROJECT
PHONE:
2743712
486-5090
1. Narrative DocOmentation
a. Legal Description:
Elder Berry Heights Subdivision, U.S. Survey 1396, Block 2,
Lots 1, 2, 3, 4, 5, 6, 7, 8,9 and 10.
b. Statement of Objectives
Massey North Inc. proposes to construct and sell ten (10) duplex
townhouses consisting of twenty (20) single family dwelling units.
The project is unique in relation to most townhouses in that the
setbacks, side yards and density meets or exceeds normal duplex,
(R-2), requirements with the exception of the "zero lot line"
defining the separation and ownership of each duplex building and
land parcel into two independent units. The concept allows a
considerable reduction in housing .costs to the homeowner in both
purchase price and required "move in" costs by reducing the cost
of land to building ratio, public utility costs and other associated
excavation,.footing and mobilization expenses.
c. Description of Project: '
Massey North Inc 's duplex townhouse project will consist of twenty (20)
three (3) bedroom ranch . style homes (TO duplex buildings) between
900 and 960 square feet per unit. The duplexes will, be built on ten (10)
separate lots utilizing 2.6 acres of property overlooking a portion of
Beaver Lake. The area of the smallest lot (7,885 square feet) exceeds
the minimum square footage required for duplex construction by 685 feet.
Two of the lots are over 10,000 square feet and the average lot area
exceeds 9,000 square feet. The only major difference from normal duplex
development consists of a "zero lot line" separating the individual units
delineating the total building and_lot into two (2) privately owned
properties. Building coverage-is less than 17.5% of the available land.
Page 2
Narrative Documentation
(continued)
Each living unit will provide two (2) or more off street .parking
areas, and will'meet br exceed all. local, State and federal building
codes. The entire project is .located within its own culdesac to
provide-maximum privacy to the surrounding neighborhood and to
reduce traffic flow to the resident owners and guests.' All natural
vegetation and' trees will be preserved —to the maximum extent possible,
allowing the project to blend in with the natural beauty of the area.
d. The project will be served.with city:water,.sewer ' and street maintenance
and -'lies within 100 linear feet of- existing telephone and electrical
service.
Elder Berry Heights duplex townhouses will sell for approximately 565,000.
per unit with zero down payment for qualified buyers., The project
will also add 1.3 million dollars to.Kodiak's tax base.
P & Z con_t }' nued
/7/7E
Page 2
The Chairman opened the Public Hearing. No one appeared to testify.
Following some discussion, Mr. Pugh moved to approve the subdivision of
Lot 6 A, Block 1, Miller Point�;AK Subdivision with the stipulations outlined
by the Staff. Mr. Perez seconded the motion. Motion carried 5 -1 with Mr.
Anderson casting NO vote.
4 Subdivision of Lot 4, Block 3, Miller Point Ak Subdivision, 4.02 acres,
3 lots, (Dave Lorring & Ray Tufts).
Mr. Mulitalo stated that Staff recommends preliminary approval with the
following stipulations: 1) the distance between the main dwelling and
accessory building be indicated; 2) the square footage of unidentified
lot be indicated and 3) unidentified lot be identified.
The Chairman opened the Public Hearing. No one appeared to testify.
Mr. Pugh moved to grant approval of Subdivision of Lot 4, Block 3; Miller
Point with the stipulations as outlined by the Staff. Mr. Perez seconded
the motion.. Motion passed with unanimous roll call vote.
5 Vacation of Lots 14 & 15, Block 2 and Replat to Lots 14 A. 14 B, 14 C, 14 D,
and 14 E, Block 2, Monashka Bay Subdivision, 5.16 acres, 5 lots (D.. Erdman).
Mr. Mulitalo stated that the configuration of the property is not practical.
Staff recommends denial of the subdivision. The Chairman opened the
Public Hearing.
MR. DAVE HERRNSTEEN, Lives on Lot 13. Mr. Herrnsteen indicates there is
more water on Lot 14 than indicated.
MR. RON CHASE, indicates that he has water rights.
The Chairman closed the Public Hearing and reopened the regular meeting.
Mr. Pugh moved to deny preliminary approval of Vacation of Lots 14 & 15,
Block 2 and replat to Lots 14 A, .14 B, 14 C, 14 D and 14 E, Block 2 Mon -
ashka Bay AK Subdivision, 5 lots, D. Erdman due to: 1) No approval from
D.L.C.; 2) no safeguards to protect water supply of adjacent properties;
3) some proposed lots are largely water;. and 4) Lot 14 may not be
developable. Mr. Erwin seconded the motion. Motion passed with unanimous
roll call vote.
'a::: °vision of an unsubdivided portion of USS 1396 Elderberry Heights
Subdivision 7.301 acres, 23 lots (Lenhart Grothe)
In the analysis, Mr. Milligan stated that the marshy areas serve to hold water
for release during dry periods into Beaver Lake which in turn feeds into
Dark and Island Lakes. Disturbance of this sensitive area through fill
activities and building development could cause siltation of these lakes
and also affect the future water level of Beaver Lake. Mr. Milligan also
stated that the property is located downstream from the lower reservoir
and appears to be located within the flood plain described in the U.S.Army
Corps of Engineer's Special Flood Hazard Report for Lake Bttinger. The
City Engineer advises that the sewer line which bisects.this property has
not been accepted by the City for operation and maintenance, however it
should be accepted prior to any building development within this proposed
subdivision.
The Chairman closed the regular meeting and opened the Public Hearing.
MR. BRUCE MASSEY: Mr. Massey stated that he plans to construct zero lot
line duplexes, i.e.,where an individual owns half of the building and they
also own half of the lot the building sits on.
MR. LENHART GROTHE: Mr. Grothe stated that the lot ranges in size from
13,000 up to 25,000 sq. ft.
MR. IVA1V WIDOM: City Manager that as,development increases and pressure is
placed on the City to take over utilities and services, it creates an undue
burden on the City.
MR. LENHART GROTHE: Mr. Grothe stated that the dedication of the road, as
shown on the map will be done when the sewer and water line and underground
utilities are in and completed.
Mr. Anderson moved to grant conceptual approval on Block 1 & 2 as platted
with stipulations that the sewer -and water be approved by the City before
any occupancy of the buildings. Also that Block 1 be restricted to single
family dwellings because of the water course in the small :lakes. That the
road— Seleif Street be built to Borough or City Standards and be dedicated
prior to any occupancy. Mr. Perez seconded the motion.
Mr. Widom stated that the City would like to have the land dedicated with
the approval of P & Z, to the City of Kodiak.
r
Page 3
Mr. Anderson amendedthemotion to read as follows "To dedicated street
from Alderwood Subdivision to the end of Block 1 & 2 including the cul
de sac, with inspection rights to the City to inspect the Road, sewer and
water lines. Mr. Anderson's main motion should reflect to City standards'
instead of.Borough or City standards". Mr. Perez approlied ainendment
Motion passed with unanimous roll call vote.
• B. ZONING
1: Special Exception for duplex townhouses in an unsubdivided portion of
USS 1396, Elderberry Heights (portion) 2.083 acres, 10 lots. (L. Grothe).
Mr. Milligan stated that duplex town houses or zero lot line development
is a new concept. Under this concept the individual owns half of'the
-Owelling unit and half of the lot the building sits on. It does not change
the 1...;Character in terms of uses allowed inzoning district. Also it
does not allow a greater density.
The Chairman closed the regular meeting and opened the Public Hearing.
MR. BRUCE MAS31:Y Unlike a condominium, there is no home owners agreement.
Each unit has a strong conveyance and is enforceable by the neigh.cor. All
utilities will be underground an each unit.
MR. MIKE SHOCKLEY:. Local housing contractor stated that the main problem
in Kodiak in building and development is land, sewer and water.
The Chairman closed the Public Hearing and opened the regular meeting.
Mr. Ball moved to grant a special exception for duplex townhouses in an
unsubdivided portion of USS 1396, known as Elderberry Heights and grant a
variance from required Section16.20.050 and 17.12.030 of KIB Code of
Ordinance's. Also the following 4 conditions•to meet the variance: The
intended use will provide two advantages to the community, (3)Reduction
in cost to the buyer as a decided advantage, (B) It will not change the
'appearance permitted density or characteristic of the7meighborhood.
.2. No hardships would be created or adverse effects be imposed upon the
•surrounding area. 3. We find no detrimental or prejudicial impacts will
result from granting this variance. 4. Granting this variance will not
beinconsistent with the Comprehensive Plan as the densities allowed will
not change. Mr. Pugh seconded the motion. Motion passed with unanimous
roll call vote.
2. Variance to permit more than one principal dwelling structure in an R-3
(multiple family) zoning use district, Lot 1, Block 1, Killarney Hills
Subdivision, 4 structures, 2.48 acres (Forest.Investment).--"Mr. Milligan
stated that the applicant has adequately met the variance requirements as
set forth in Section 17.66.090 (b) of the KIB Zoning Ordiance.
The Chairman closed the regular meeting and-opened the Public Hearing.
FOR
MR. GENE KIZER. . Architect for the development, stated that the project
meets the criteria set up by Farmers Home Administration. Mr. •Kizer also
stated that when the project is completed it will add up to in excess of
$2,000000 to the tax base. Even though it is financed by FHA it is still
tax paying project.
AGAINST
MRS. HENRY MEUNIER. Owns property in Killarney Hills and questioned the
adequacy of water and sewer lines to service this development and 3 sthools.
Mrs. Meunier also stated that at the time of purchase property owners in
in Killarney Hills Subdivision received a copy of a covenant from the
Archdiocese in Anchorage.
MR. TOM CURLY. Mr. Curly: lives on Lot 2 and is concerned with the following:
parking, traffic- flow, taxes and low income housing.
FATHER BATES. Present pastor of St. Mary's And was not aware of the cov-
enant:
MR. HENRY MEUNIER. Feels the Church was trying to enforce the covenant:.
P .& Z continued
5,7/7
Page 3
Mr. Anderson amended themotion to read as follows "To dedicated street
from Alderwood Subdivision to the end of Block 1 & 2 including the cul
de sac, with inspection rights to the City to inspect the Road, sewer and
water lines. Mr. Anderson's main motion should reflect to City standards
instead of Borough or City standards". Mr. Perez approVed aMendment;
Motion passed with unanimous roll call vote.
B. - ZONING
1: Special Exception for duplex townhouses in an unsubdivided portion of
USS 1396, Elderberry Heights (portion) 2.083 acres, 10 lots. (L. Grothe).
Mr. Milligan stated that duplex town houses or zero lot line development
is a new concept. Under this concept the individual owns .. half of'the
-dwelling unit and half, of the lot the building sits on. It does, not change
the character in terms of uses allowed inzoning district. Also it
does not allow a greater density.
The Chairman closed the regular meeting and opened the Public Hearing.
MR. BRUCE MASBEY Unlike a condominium, there is no home owners agreement.
Each unit has a strong conveyance and is enforceable by the neighbor. All
utilities will be underground an each unit.
MR. MIKE SHOCKLEY: Local housing contractor stated that the main problem
in Nodiak in building and development is land, sewer and water.
' The Chairman closed the Public Rearing and opened the regular meeting.
• Mr, Ball moved to grant a special exception for duplex townhouses in an
unsubdivided portion of USS 1395, known as Elderberry Heights and grant a
variance from required Section16.20.050 and 17.12.030 of KIP Code of
Ordinances. Also the following 4 conditions-to meet the variance: The
intended use will provide two advantages to the community, 1. (R)-Reduction
in cost to the buyer as a decided advantage, (B) It will not change the
'appearance permitted density or characteristic of theneighborhood.
;'. .2. No hardships would be created or adverse effects be imposed upon the
surrounding area. 3. We find no detrimental or prejudicial impacts will
result from granting this variance. 4. Granting this variance will not
be inconsistent with the Comprehensive Plan as the densities allowed will
not change. Mr. Pugh seconded the motion. Motion passed with unanimous
roll call vote.
Variance to permit more than one principal dwelling structure in an K-3
(multiple family) zoning use district, Lot 1, Block 1, Killarney Bills
Subdivision, 4 structures, 2.48 acres (Forest.Investment).-Mr. Milligan
stated that the applicant has adequately met the variance requirements as
set forth in Section 17.66.090 (b) of the KIB Zoning Ordiance.
The Chairman-closed'the regular meeting and-,opened the Public Hearing.
MR. GENE YIZER. Architect for the development, stated that the project
meets the criteria set up by Farmers Rome Administration. Mr. ::Kizer also
stated that when the project is completed it will add up to in excess of '
$2,000000 to the tax base. Even though it is financed by FHA it is still
a tax paying project.
AGAINST
MRS. HENRY MEUNIER. Owns property in Killarney Hills and questioned the
adequacy of water and sewer lines to service this development and 3 sthools.
Mrs. Meunier also stated that at the time of purchase property owners in
in Killarney Hills Subdivision received a copy of a covenant• from the
Archdiocese in Anchorage.
ma. TOM CURLY. Mr. Curly lives on Lot 2 and is concerned with the following:
parking, traffic- flow, taxes and low income housing.
FATHER BATES. Present pastor of St. Mary's and was not aware of the cov-
enant.
MR. HENRY MEUNIER. Feels the Church was trying to enforce the covenant..
a
KODIAK ISLAND BOROI
P. 0. Box 1246
Kodiak, Alaska 99615
Telephones 486 -5736, 486 -5737
FIRST CLASS MAIL
NOTICE OF PUBLIC HEARING
The Kodiak Island Borough Planning and Zoning Commission has received a petition •
from Mr. Lenhart Grothe
requesting a Special Exception for Duplex Townhouse.. Development,
in an unsubdivided portion of U. S. Survey No. 1396 (Elderberry
Heights Subdivision, Block 2, Lots 1 - 10) , 2.083 acres
The Kodiak Island Borough Planning and Zoning Commission will hold a public hearing
concerning this matter. at 7:30 p.m. Wednesday,. May 17, 1978 in the
Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. This will be the only
public hearing before the Planning and Zoning Commission on this petition, and you
are invited to appear and voice your opinion. If you cannot attend,, you may submit
a written opinion that can be read into the minutes of the public hearing.
If you would like to comment on the petition proposal, this form may be.used for
your convenience, and returned to the Planning Department.
Further information is available from the Planning Department, telephone 486 75736.
NAME:
ADDRESS:
LEGAL DESCRIPTION:
COMMENTS:
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..56.36t of 45.5a. )rv-itutd as
at .3, (.1.5.51,v-ty 1376, tionco 5 5.1.°4/ (c." 2.131.0 foot at.," a Line.
ccdmmo, with U. 5. .5t:ntOys 1396 &z6 13466 -to 't,r2. TZLIE Przn-IT OF .azG/A.Alwq.
Thaer.,2, 5 94°41.15'2, 5c-7.55 feat along a Un, . common With IJ. 5. Somays /596 dnch 5458)
Munoz. 5 55° /2'44-" 26o.O fast &tong 61e. Alor-dhumer,tar5j bo-y 0,57a1 Estates,
7hiroL and ansett 25tatzs, .5ecc-nd ae,da"..-);
77x..70z 34.'4/ /G” IV, 412.98 ftot to point. 0.7 the Couthaasta,Cri 2.0/'). of 5clief Lane;
Than= hit foCtoduUn3 co(r•ses. atany Saiti
t) ,t/ 47°05' 2E3" Z., 35.45 /cat to a po ent. of corvaturci
2) Alon9 hany,nt co,-,a 4.5m...9,5 a centraL ant* of 28'cailc-", an o^C-
distaoco 151.95 foot, saieL havin9 radius of 27cs.c0 fast
Thance Ai 73° cs5" 28" 8, 88.45 /1.4:t to the TZLZ oar' OF 5Eq/k/Ai/4/c
Gontaim 2.218 acre 5,
AlwWnwn C-say■ Monwoont I 2 -a., Sr E .4(s" ntban thi.s survity
cp G. L.O. .erass Monument, rec.a.m/M.4 i4.5Cs aurim.„4/
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ACC_EPTAAJC.E OF DEDICATION
7746 CITY OF 1e0pt4e
Thin in to catntify that Vrt City of Zonfa'k accepts all
coorerants and. otho, pubax. shoo., ,,,ee.on
u.+46ch haut not bac," provioosLt
Acceptred 6 ktsol...&:an Afurnban passe
(9
Mayor, CA, f fu'aci.ia.E
Attont
OINAIERSM A
We hereby tel-fify that ive arc the. oo_na-1 of the p•op,- shoo,n and
dar-.Cnb,d he,eon. $4. /nrcay rere.st aoFrom1 of ..14,s ?tat znouitn3 cocf;
fo, puLtio roadways and CiLittis aadicated (c5 fo-
pobWo use-
lfoQ:C4o.gr-4:-L-ACI‘LVOWk-aQgM,a—Z:
.5u6soriaed 3(.(o(," t5 b.f. cm, the.s
,
Aioto,y ;G, a/a ska
Mt,
clay f
ICodLek Isla,, r4 reorough Peannin.7 .7:snin9 Clowhissioys:
12a.conn,L, App.-outot
7545 5 2 cantiffs t,,aS the. oLat wa; 4 snivnitatot to and
appoo.ut by
538 kOLiWt. ,,Is`vtme.ty, 3 fectiotion
t2445. acar,neri..7-ated this
f
nnwyn
13onyugh
c..8erirca e
I henoby 0.r:qv el.& 1 a, prop...lei m....)Zsrm-ed 45 o4 Uctum5 u. to pmctLo.
Ca.-n1 sorwAyL13 6 to,e 522. of Alaska. and in45 p144 reprexint,
survey made Ery au, on Int., Pry <7.eiact. rra.,,czetal,Lon, a‘Vi. that thc
l7.7..+7101t, 538, hemm..r ar.t.,-raLy o,aS as S1.4.0/7, that att
anct othai^
R27414t,nd Datu
,2a9Zsera &On //w,,(/m,
j. qs
3ox /554'- .d/arska 9925
ELDERBERRY /1E/G14 715
FIRST ADDITION
S. Survey /39G
feodCak Ala .ska.
gOY .S.SCALLINO
Au2:mtv,o. La,ol .5''v/yo,' 0‘z
P O. Ex. /45
raw,J ay, . ',Z4 c4..,• 2,, OG74.1:
LVC(
s•
0.3.3. 346.8
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s
VICINITY MAP
1- 400'
T275 R IPIN, S.M. ALASKA
■I
9
161'
.1A 1.• 1/4
7
0' Access ./ UIV/117 Ease,men,`
Srmie42, Sew.,
(!ha. e...
aw.feS ...r0,9.4 /$01, 4.4.
/
ROV A, ECKL VIVO
iff,,,Weredia/ret Su W;rile
ffer. 1.4e. 44Sh., 1" /1212' 0:0 / •
L47 E41r
/ 7; /978
VICINITY MAP
SCALE • 1'9 400`
5800
CERTI� KATE OF OWNERSHIP
Ho NE?411y' CER714" INAr 4141 HJ7E 17/4 OW1✓ce3 OY 7.•F.
A!ta147Y S,/0'4' 474700SC/IBFD NERFON, ;1t10 ,/21CGHY
RGPUC9r /.HT'R I.'4L OF /94/18 PLAT' SN/•NNG .51.1911 •
EASRM0N7S R]R /11/82.14 /1717/775 )/55', .•A7/4 d9' f/5" A:A^
(4/34A, 4/SG.
NOTARYS ACKNOWLEDGEMENT
4/,0/044594 Ave, .9.0744/ 70 Ct+ +/09.0 MA 17'45
LM7 oA7 LvM
A. 7AAR`Ax9i.a.as A
419 CLAIM, 961011 00/9 /0(4
PLAT APPROVAL
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5484 1.7947 r0 ANC'/.1 /79/5: ).' 87' -1Ne 4349.459' 15/54/ 0
14''!1991 /4J/ 4.95/0/4514' !+9 A'44Q1/.i70N Ns ^../34
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h ^435451, .944(994
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A/5, rr499' 71/11; .924/' .00•,00'9c.4.1••• A +✓UNV /7' . +443.1
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q, A ,4479(9 AVCIE 41' 11i GYJ $bad CL�Q('E NbV NCI d e.sDftJ9 • /]= '
a'1 3/4/
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LEGEND
• 11144•4449 CAP AI 7 .4V 44-014. .48,94.2. 49714, 3:1 (79
Q}'Gc D, 45 )/5P W0N /_1474% ,, 9.4 /8X5'(59
NOTE;
RGY A.6CA'WWD
458151E444 14/46/7/1784
A+'97At.414119 St9/lt
ELDERBERRY NE/GNTS
SUBDIVISION
U. S. SURVEY NOt 1396 •
444/9// sr .442
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