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KADIAK AK 1ST BK 1 LT 3B-2 - Exception (2)Case File No. Assigned ?..;1-0c);), Date Application Received a1,41 Type of Application OACIVit.wym Date Site Plan Received lArfra... Date Fee Paid Ky\k Amount Person Accepting Appl. VJ 4/iy\ Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Receipt Number Name of Applicant Wako„c„ PO■09-Nr\-- Mailing Address \".1\\ Name of Legal Owner Wak.0,pil,-‘ X"\7- Mailing Address Phone Phone Legal description of Property: Lot .3 Block 1 Subdivision "Yak:1/40_1C_ -kia&A-1n Square Footage or Acreage of Property is be3c000:54(‘ P & Z Public Hearing Date 1744, /APc)/Pa Public Notices Mailed on 1/11481 Applicant Notified of 138( Z Action on Now Many? /0 William Alwert Buccaneer Enterprises • Box 1711 Kodiak, Alaska 99615 Dear Mr. Alwert: Kodiak Islandl3or�ugh 710 MILL BAY ROAD KODIAK', ALASKA 99615.6340 PHONE (907)'486 -5736 : April 17, 1.986 RE: CASE 82 -002. 'Request for Planning and Zoning, Commission review of the conditions of, approval of an exception for a'fishing gear storage • building located in a R3-- Multifamily Residential•Zoning•District. The applicant. had requested that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kodiak Alaska 1st Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) The Planning and Zoning Commission rescinded action taken on this request at their regular March meeting after initial review of the, request at their regular February meeting. The Kodiak Island Borough Planning and Zoning Commission at their meeting .on.April 16, 1986, granted your request for the review of the conditions of approval of the exception cited above and adopted the following findings of fact in support of'their decision: 1. A fence containing screening will not screen the existing structure from.the highway and therefore that condition is no longer appropriate. • 2. The addition of a residential apartment unit within the warehouse to satisfy a condition of approval will not materially change the use or appearance of_.the land and therefore that condition is no longer appropriate. An appeal of this decision may be initiated•by any person or party . aggrieved by filing a written notice of appeal with the Borough Clerk within ten days of'the date. of theCommission's.decision. The.notice of appeal must state the specific-grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Kodiak Island Borough William Alwert April 17, 1986 Page Two- Failure to utilize this exception within 12 . months after its effective date. shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain zoning compliance for'any construction on your lot. If you have any- questions about the action of the Commission, please contact me. Sincerely, G ert.H. Pederson, Assistant Planner Community Development Department pm cc: Case File A discussion ensued amongst the Commissioners, the Resource' Management Officer and Community Development Department staff concerning COMMISSIONER KNUDSEN's motion concerning a memo. COMMISSIONER HEINRICHS stated that he did not want to "go that far," that he wanted to say that the Commission is not endorsing nor opposing this matter; all the Commission is saying is that this package is technically improper to be considered and for that reason only the Commission has not considered it. COMMISSIONER ANDERSON stated that there had been considerable discussion of all the points and reasons of the Commission and that those comments are in the record. COMMISSIONER ANDERSON requested that the minutes reflect these comments. CHAIRMAN JAMES concurred. CHAIRMAN JAMES RECESSED THE MEETING AT 9:25 P.M. CHAIRMAN JAMES RECONVENED THE MEETING AT 9:35 P.M. CASE 82 -002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential Zoning District. The applicant had requested that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) The Planning and Zoning Commission rescinded action taken on this request at their regular March meeting after initial review of the request at their regular February meeting. BOB PEDERSON indicated 11 public hearing notices were mailed for_ this case and 1 was 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,KNIGHT MOVED TO GRANT A REQUEST THAT THE CONDITIONS OF APPROVAL OF AN EXCEPTION requiring screening and the construction of a residence within two years of sewer and water installation be waived on Lot 3, Block 1, Kadiak Alaska Subdivision First Addition. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called and CARRIED by majority roll call vote. Commissioner Knudsen voted no. Findings of fact were deferred to the end of the meeting. L) Sixth public hearing on the revised draft of the Subdivision Ordinance (Title 16) of the Kodiak Island Borough Code. BOB PEDERSON noted the following correspondence: (1) a memo dated April 10, 1986 from the Borough Engineer; and (2) two letters from the Borough Attorney, dated April 4 and April 15, 1986. Regular Session Closed. Public Hearing Opened: ANN MOEN appeared before the Commission, noted her memorandum dated April 16, 1986 and expressed her concerns with the present draft. A discussion ensued amongst the Commissioners and Ann Moen. P & Z REGULAR MEETING 21 APRIL 16, 1986 Granting of the variance will not be contrary to the objectives of the ,comprehensive plan which identifies this area for Medium Density Residential Development. 5. That the granting of the variance will not permit a prohibited land use in the district involved. Single - family residential land uses are permitted in this district but only on 20,000 square foot lots. The motion was seconded and CARRIED by unanimous voice vote, COMMISSIONER ANDERSON MOVED TO ACCEPT THE FOLLOWING FINDINGS OF FACT FOR CASE 82 -002: request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential Zoning District. The applicant had requested that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. 1. A fence containing screening will not screen the existing structure from the highway and therefore that condition is no longer appropriate. 2. The addition of a residential apartment unit within the warehouse to satisfy a condition of approval will not materially change the use or appearance of the land and therefore that condition is no longer appropriate. The motion was seconded and CARRIED'by unanimous voice vote. XIII. ADJOURNMENT ACTING CHAIRMAN JAMES adjourned the meeting at 11:00 p.m. ATTEST KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: teve Rennell, Chairman By: 1 "'"""4,""N Patricia Miley, Secretary Community Development Department DATE APPROVED: MR• , 4, l4 g(. A TAPE RECORDING I5 ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT P & 2 REGULAR MEETING 24 APRIL 16, 1986 . KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 _ITEM VI -K PUBLIC HEARING NOTICE ATublic hearin&will be held on Wednesday, April 16, 1986. 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 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a.R3--Multifamily Residential Zoning District. The applicant had -xequezted:that7-the-cond4tione requiring-cts,resning-and-the -conat.r-cvlon,cf,= residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. (William Alwert/Buccaneer Enterprises) The Planning and Zoning Commission rescinded action taken on this request at their regular March meeting after initial review of the request at their regular February meeting. If you do not wish to testify verbally, you may provide you 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. _Q- v.A.Calt) Your name: Mailing Address: q'A k()(:). Y.A-WiLnk?..) Your property description:. ApR v 6 William Alwert • Buccaneer Enterprises Box 1711 Kodiak, Alaska 99615 Kothak .IsiandBorough P.O. BOX 1246 KODIAK, ALASKA 99615 -1246 PHONE (907) 486-5736 April 10, 1986 RE: CASE 82 -002. Request for Planning and Zoning Commission. review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential Zoning District. The applicant had'requested that the conditions requiring screening and the construction of_a residence within two (2) years of sewer'and'water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive - East. (William Alwert /Buccaneer Enterprises) The Planning and-Zoning Commission rescinded-action taken on this request at their regular March meeting after initial review of the request at their regular February.meeting. Dear Mr. Alwert: Enclosed please find a copy of the materials, concerning the above - referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review session held. Wednesday, April 9, 1986. If you have any questions or comments, please contact the Community Develop- . ment Department at 486 - 5736, extension255. Sincerely, Patricia Miley, Secretary Community Development Department enclosures cc: Case File Kodiak Island Borough MEMORANDUM TO: Planning and Zoning Commission FROM: Community Development Departmen DATE: April 4, 1986 SUBJ: Information for the April 16, 1986 Regular Meeting RE: ITEM VI-K CASE 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential Zoning District. The applicant had requested that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. (William Alwert/Buccaneer Enterprises) The Planning and Zoning Commission rescinded action taken on this request at their regular March meeting after initial review of the request at their regular February meeting. Eleven (11) public hearing notices were mailed on March 28, 1986. This item is before the Planning and Zoning Commission as a public hearing item. The background of thisexception request is as follows: January 20, 1982 An exception to permit construction of an accessory building prior to construction-Of a main dwelling on the lot was approved with three conditions: 1. A site plan be prepared for the Commission's review which shows the ideation of the accessory building, proposed apartment in the 'accessory building, fence, outdoor storage area, and points of access to the property and be approved prior to the issuance of a building permit. 2. The security fence include screening material on the Rezanof Drive side of the property. Water and sewer connections be placed in the concrete floor of the accessory building to provide for future residential use when water and sewer service becomes available and the residential use be installed in the accessory building or elsewhere on the CASE82-002 APRIL 16, 1986 P&Z ITEM VI -K property within two (2) years of the availability of public water and sewer service. January 13, 1986 The property owner requested that condition number 2 and that part of condition number 3 that required the construction of a residential unit within two years after public sewer and water become available be removed. February 3, 1986 The Community Development Department staff report recommended that the conditions not be removed. February 19, 1986 The Planning and Zoning Commission held a public hearing and denied the request to remove the conditions. The Commission adopted the following findings of fact in support of their decision: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Removal of the conditions of approval for a warehouse in a residentially zoned area could potentially be detrimental to the public's general welfare. Commercial/industrial uses such as warehouses are not compatible with and can be disruptive to residential neighborhoods. Although all surrounding parcels are currently vacant, these parcels are zoned for residential development (R2 and R3). Reasonable conditions of approval (such as fencing and screening) are one way to reduce potential land use conflicts between incompatible land uses (i.e., a warehouse and residential development). Requiring the construction of a residence following installation of sewer and water services also ensures that there will be a permitted land use on the property in the future, thereby lessening potential land use conflicts. B. Removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3--Multifamily Residential District, and with Section 17.65.060 (Conditions) of the Borough Code. Warehouses are not listed as a permitted use in the R3 District and Section 17.20.010 specifies that the intent of the R3 District is to encourage the construction of one, two and multifamily dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of residential uses, and to encourage the discontinuance of existing uses that are not permitted. Section 17.65.060 provides that in granting exceptions, the Commission may make any conditions, requirements or safeguards that it may CASE 82-002 , 2 APRIL 16, 1986 P&Z ITEM VI -K consider necessary to prevent damage or prejudice to adjacent properties. It would appear that the conditions of approval imposed by the Commission ensure that the warehouse use will not interfere with development of residential uses and ultimately will lead to construction of a use (single-family residence) that is permitted in the R3 District. Therefore, removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will set a precedent for not attaching conditions to other approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions of approval or requesting removal of the conditions. March 20, 1986 The Planning and Zoning Commission rescinded their February 19, 1986 motion denying the request and passed a motion to hold another public hearing on this matter at the April 16, 1986 regular meeting. Attached are copies of relevant case file information. CASE 82-002 3 APRIL 16, 1986 P&Z B. Removal of the conditions of approval will be inconsistent with the general purposes and intent of • Title 17 and with the specific description and intent of Chapter 17.20, the R3--Multifamily Residential District, and with Section 17.65.060 (Conditions) of the Borough Code. Warehouses are not listed as a ' • permitted use in the R3 District and Section 17.20.010 specifies that the intent of the R3 District is to encourage the construction of one, two and multifamily dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of residential uses, and to encourage the discontinuance of existing uses that are not permitted. Section 17.65.060 provides that in granting exceptions, the Commission may make any conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties. It would appear that the conditions of approval imposed by the Commission ensure that thewarehouse use will not interfere with development of residential uses and ultimately will lead to construction of a use (single-family residence) that is permitted in the R3 District. Therefore, removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will'set a precedent for not attaching conditions to other ' approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions of approval or requesting removal of the conditions. J) CASE 84-076. Request to rezone a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C--Conservation to I--Industrial and B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Kodiak Island Borough Planning & Zoning Commission) BOB PEDERSON indicated 39 public hearing notices were mailed for this case and 2 were returned, in favor. Staff recommended approval of this request. . LINDA FREED reported for the public record that the Coast Guard Legal Officer and Planning Officer were in attendance at the Commission's worksession on February 12, 1986 and are unable to attend tonight's meeting. They strongly object the rezoning of this area at this time. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Communi Development Department staff. COMMISSIONER JAMES MOVED TO TABLE A REQUEST TO REZONE a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C--Conservation to I--Industrial and to B--Business in accordance with Chapter 17.72 of the Borough Code until such time P & Z REGULAR MEETING 13 FEBRUARY 19, 1986 BOB PEDERSON indicated'll public hearing notices were mailedjor this case and 1 was returned, opposing this request. Staff !. • recommended denial of this'request.; A discussion ensued amongst the Commissioners and Communi ' • Development Department staff. • Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT A REQUEST THAT THE CONDITIONS OF APPROVAL OF AN EXCEPTION requiring screening and the construction of a residence within two years of sewer and water installation be waived on Lot 3, Block 1, Kadiak Alaska . , . Subdivision First Addition. The motion was seconded. • A discussion ensued amongst the Commissionere. ' The question was called and the motion FAILED by majority roll ' call vote. Commissioners Rennell, Knudsen and Heinrichs voted . "no." COMMISSIONER JAMES MOVED TO INSTRUCT STAFF TO INVESTIGATE THE REZONING of this lot and the area immediately surrounding this lot on the same side of the road. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff. The question was called and the 'motion FAILED by majority roll call vote. Commissioner Anderson abstained and Commissioners Rennell and Knight voted "no." : COMMISSIONER JAMES MOVED TO ADOPT THE FINDINGS contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. . . . . . FINDINGS OF FACT: 1. That the use as proposed in the application, or under • " appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of- this title and (C) adversely impact other properties or uses- in the neighborhood. I ' • A. Removal of the conditions of approval for a warehouee, in a residentially zoned area could potentially be detrimental to the public's general welfare. Commercial/industrial uses such as warehouses are not compatible with and can be disruptive to residential neighborhoods. Although all surrounding parcele,are . • currently vacant, these parcels are zoned for residential development (R2 and R3). Reasonable conditions of approval (such as fencing and screening) - are one way to reduce potential land use conflicts between incompatible land.uses (i.e, a warehouse and residential development). Requiring the construction . of a residence following installation of sewer and water services also ensures that there will be a permitted land use on the property in the future,, thereby lessening potential land use conflicts. P & 1 REGULAR MEETING 12 FEBRUARY 19, '1986 .' .CONDITION OF APPROVAL: • .1. All buildings shall be removed .when'the logging camp removed or ceases to be used asia logging camp.' FINDINGS, OF FACT: -.1. • That the use as proposed in the application, or under f.> appropriate conditions or restrictions, will not (A) f•.. endanger the public's health, safety•or general welfare, (B)" be inconsistent with the general purposes and intent of this• title and (C) adversely impact other properties or uses in , the neighborhood. A. It appears that the proposed -.use will not endanger the public's health, safety or general welfare. • Logging activities have previously occurred on AfognakIsland and Departmental files d� not indicate that the • previous base camp posed any danger to public health, safety or welfare. In addition the plan proposes to retain a 100 -foot to 200 -foot buffer strip of 'trees- along all bodies of water,, to locate all fuel storage, power generation and shop facilities at least one - quarter mile away from.bodies of water and to incinerate all garbage and solid waste. •If the above • criteria are adhered to, and if all building, fire and sanitary codes are complied with, the proposed use should not endanger the public's health, safety or general welfare. If these codes are met and'all buildings are constructed in compliance with the approved plan, adherence to the additional standards of the Mobile Home Park Chapter of. Title 17 is not necessary for this specific use in this specific remote, location. • 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 17.13 (Conservation • District). Agricultural activities, forestry activities and. single-family dwellings are all permitted uses under the Conservation Zoning Di strict. . and a base camp is necessary to support these activities in a remote location. If all building,,:fi and sanitary codes are met and.buildings are constructed in compliance with'the approved plan, adherence to the additional standards of the Mobile Home Park Chapter of Title 17 is not necessary,for,;this specific use in this specific remote location,. C. The proposed use does not appear to adversely impact other properties or uses in the area because all land to the south is under the applicant's management and all land north of the site is:owned by the U.S. Forest Service. This should provide adequate separation •:•; between the base camp,and any other uses. If the building, fire and sanitary codes are met and buildings are constructed in compliance with the approved plan, adherence to the additional standards of the Mobile , Home Park Chapter of Title 17 is not necessary for• this specific use in this specific remote location:'' CASE 82 -002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential District. The applicant is requesting that the conditions , requiring screening and the construction of a residence•.within two (2) years of sewer and water installation be waived. ' Lot 3,- Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) P b Z REGULAR MEETING 11 KODIAK__ISLAND BOROUGH, COMMUNITY DEVELOPMENT ; DEPART14J NT 710 Mill pia >,r ITEM VIml • • r..:'4' 0•10 00,0 •.• .1a04 r• •••. • • • •► 41 4r• 4 • • .i: • • ••••••••• •••••••••••••• 4444•••• »i"••••• *'• "!'! 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The applicant is requesting that'the conditions requiring screening and the construction of a; residence within two (2)'years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition;_ 3310' Rezanof. Drive East. (William Alwert /Buccaneer Enterprises). Eleven (11). public hearing notices were'tnailed on January. 31,.1986. .1. .Applicant: William Alwert /Buccaneer Enterprises 2. Land Owner : - Same.i' 3. Request: . For Planning and Zoning Commission review of the conditions'of approval of an exception'for a fishing gear storage building located in a R3 -- Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction a'residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision,First Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) To remove two of the conditions.of,approval`.of this exception which required the security fence along Rezanof Drive to include screening and the construction; of aresidence within two years from the availability of public.water and sewer service. ,, R3-- Multifamily Residential 5: Existing Zoning: 6.- Zoning History: The 1968 Comprehensive Plan identifiesthis lot ;as Residential - -R3. Departmental files indicate nogfurther- activity. . Location :1. Physical: 3310 Rezano FEBRUARY 19 986 P &Z ITEM VI -I Legal: Lot•3, Block 1, Kadiak Alaska Subdivision First Addition 8. Lot Size:` 1.07 acres 9. Existing Land Use: ,A warehouse and fishing gear storage.' Surrounding Land Use and Zoning: North: Lot 4, Block 1, Kadiak Alaska Subdivision First Addition Use: Vacant Zoning: R3 South: Lot 2, Block 1, Kadiak Alaska Subdivision First Addition Use: Vacant Zoning: R3 East: Lot 3, Block 2, Kadiak Alaska Subdivision First Addition Use: Vacant Zoning: R3 West: Rezanof Drive East and Tract R-1A, U.S. Survey 3218 Use: Vacant Zoning: R2 11. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for ,Mobile Home Courts. 12. Applicable Regulations: The following sections of Title 17 (Zoning of the Borough Code are applicable to this request: 17.65.060 Conditions. The commission, in approving an exception, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make-requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operation of.an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary • to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to insure the conditions,designated will be complied with. COMMENTS: The original exception to permit the construction of an accessory building; prior to construction of a main dwelling on this lot was approved by the •Commission on January 20, 1982 with three conditions: 1. A site plan be prepared for the Commission's review which shows the location of the accessory building, proposed apartment in the accessory building, fence, outdoor storage area, and points of access to the property and be approved prior to the , issuance -of'a building permit. CASE 82 -002 2 FEBRUARY 19, 1986 P &Z ITEM VI-I 2. . The security ,fence include screening material on the Rezanof, Drive, side of the property. • 3. Water and sewer connections be placed in the concrete floor of the accessory building-to provide for future residential use when; -',...waterand sewer service becoMes available and the residential use'*:!. be installed in the accessory building or elsewhere on the • ' property within two (2) years of the availability of public water.- and sewer service. On May 26, 1982, the Commission approved the site plan referenced in number, 1 above and therefore this condition has generally been satisfied with the exception of the ,fencing around the entire parcel. Also, water and sewer connections were placed in the accessory building during construction, so* that portion of, condition number 3 above haa.,been satisfied. At this time the applicant requests that condition number 2 and the remaining portions of conditions numbers 1 and 3 be removed, hence this request. • - • . i• In. order to' grant an exception, the Commission :must find that the use -..".•--4v-roposed_ in tile app'lication meets all of the followinc, • bi„. oT„ 4_2 - w:! LL ''.11,. a , :2, :T i22 a Jar 217 ') se -• r Ti.„ 15e, surroandi.*, rc;u11.. „ s z : , f<, • . • . • - * , .‘; tk:„4 - < s . ,t • • ' .;.-Hd with- ate_ nn• , 1:,1" ,ITEM VI =I 17.65.060 provides that in granting exceptions,'the Commission may make any'conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to; adjacent;:. properties.' r;_. It would appear that the conditions of approval'imposed by the Commission ensure that the warehouse use will not interfere with: development of residential uses and ultimately will lead to . construction of a use (single- family residence) that' is permitted: in the R3 District. Therefore, removal of the conditions'of approval. will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent` of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely.. impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will set a precedent for not attaching 'conditions to'other approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions -of .approval or requesting removal of the conditions. RECOMMENDATION: Staff-finds that this request does not meet the standards for an exception and recommends•that the'Cormtission deny this request. However, should the >•" Commission feel that this type of land use is appropriate at this :location, consideration'should be,given'to rezoning the property'to.a classification that permits this. use. •APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is specified below: Move to grant a request that the conditions of approval of; an exception requiring screening and the construction of a residence within two years of sewer and water installation b,e,waived on Lot 3, Block 1,Kadiak Alaska Subdivision First Addition.. Staff recommends that this motion be denied and the following motion made: Move to adopt the findings contained in the staff report as, "Findings of Fact" for this case. FEBRUARY 19, 1986 P &Z: I .1 - -t KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES ' January 20, 1982, regular meeting , Page 4 ' Mr. Ball moved to grant a request for an exception from Section-17.51.020 of Borough' Code to permit the construction of an accessory building .before the construction of a main building on lot 3, block • 1,• Kadiak ,Alaska.Subdivision,,,Fi.rst Addition with three stipulations: 1. a site plan be prepared for the Commissi'on's review whlch,shows the Tation of the proposed building, fences, outdoor storage area, proposed apartment in the accessory building and points of- access to the property and be approved prior to the issuance of a building permit, 2. security fence include screening material on the Rezanoff Drive side of the property and 3. water and-sewer connections be placed in the concrete floor of the accessory building to provide for future residential use when water and sewer service becomes avaiable and the residential use be installed in the accessory building or elsewhere on the property within two (2) years of the availabili! of public water and sewer service. Seconded by Mr. Briggs. Motion PASSED with a 4 -2. vote with. Mrs. Crowe and Mr. Hi11 voting NO and Mr. Ramaglia, Mrs. Strickert, Mr. Ball and Mr. Briggs voting YES. PUBLIC HEARING ON CASE 82 -001. A request for a•land lease on USS 1701 and USS 1738 on Shuyak Island. (Ernest and Joan Newland) pre: --., L.T•� 5t: i i repor.u:� ohicl'. ex4a iC +.'= te n' Mrs. ::his wi.Rl be.P6 locati-O ' start think:n .1ci:i.ng later data .v=_ 327 -an a f! Iced �,LS KODIAK ISLAND BOROUGH PLANNING AND ZONING•COMMISSION MINUTES .`January 20, 1982, regular meeting ` Page 3 Mr. Alwert it was.just a swamp to begin with. Mr. Ball have you seen the staff report addendum? Mr. Alwert no. Mr. Ball read the addendum. Mr. Ramaglia my concern is that we do not allow a warehouse to be built that looks like a warehouse so that down the road people do not look at this as poor planning on our part. I would like to see something done to the building so that it does not look so much like a warehouse. We need to develop a place for gear storage areas as we are a fishing community. Mr. Alwert alot of the gear is going to be stored inside where you can not see it, right now we could store more gear there and make it look like a junk yard. The building will be 40' x 80'. Mr. Briggs how high is the building? Mr. Alwert we want to put a building with 20' eaves. 24' to ceiling peak. Mrs. Crowe the activity that is carried on, on this lot is nonconforming and the Planning Department can go out and take pictures so that what you have on the lot now will be all that is permitted. By me coming off as being negative to this request it shows that I may? be against fishing, but I am not. Mr. Ball under condition ' #1 in the addendum, if this is approved tonight you'would have to provide a plan showing' where the residence will be in the storage building and that two (2) years after public water and sewer are installed 1 residence will be completed and you get approval from the Planning Commission for the - building plans. Mr. Alwert that is fine. ;I'l1 have you a set of plans within two weeks. Mrs. Strickert I was going over the appeal minutes at the Assembly and a few names came up who were in favor' of this and who also are storing gear on the lot. Is this permitted for other people to store their gear on this lot? Mr. Alwert did you read all of the minutes, as not one of those people is being chargec Mr. Painter partner, Buccaneer Enterprises, 1 have also been here a long time and have seen the town grow. We started last spring to try to do something with this lot and building and we are still trying to get an exception. There are variances all over this City and this isn't really any different then any of the other variances you have granted. It was my understanding at the first meeting the Commission had on this case that everything was okay on it. I do not see any problems with-the proposed conditions you are looking at for this case. We have grandfather rights to put fishinc gear on this lot and I don't see where the building is going to look out of place. I do not understand why you would be requesting windows to be put in at this time as we would not be solving our vandalism problem. Mr. Ball do you agree with the #1 condition in the staff report. addendum? Mr. Painter yes, but we should try and work together to get a set of plans that are agreeable with both of us. Mrs. Strickert for a window you could use something other than,glass, such as glass. Mr. Hill no_decisions are made 'at work sessions. P exi- Discussion between the Commission members and Mr. Painter on what occurs in a work session. Mrs. Crowe closed the' Public hearing and reopened the regular'meeting. Mr. Ball called for a 5 minute recess at 8:35 p.m. Mrs. Crowe reconvened the meeting,`at 8:45 p.m. K0DDK ISLAND AND ZONING COMMISSION MINUTES i January 20, 1982, regular meeting Page 2 '.' 3. PUBLIC H[AKlmG.ON CASE 82-002. An exception from Section 17.51.020 to permit the t. construction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises |' STAFF REPORT: Hr. Walton presented the by the Community Development Department Mr. Briggs do we have the height of the Mrs. Crowe the code states that we need that begin from today? staff report based on a memorandum prepared which recommended approval of the exception. building? to take action on this within 40 days, does • Mr. Walton yes, it .begins at the public hearing date. ' Discussion between the Commission members on the building height. Mr. Ball under condition #t we are recommending that they would have to give us a complete plan of what they planned on doing and we would have to approve it before a building permit could be issued. Is this correct? Mr. Walton yes, that is correct. Mr. Hill would like to see this tabled for 30 days. Mr. Ball l woul- be willing to table this but the Alwert's may wish to have the public hearing. U' + � '' \ Mr. Briggs I wodld like to'see this tabled. Mrs. Crowe do you think 30 days will be enough time to get the questions you have _ answered? Mr. Briggs I'm not sure. . � Mrs. Strickert l would like to see it tabled. / Mr. Ramaglia [ would like to see it tabled, need to address the need for gear storage and psyiWe rmninU of th lad t inustial' ' Mr. Ball could we get this on the floor for the public hearing? Mr. Hill it has been discussed several times and we have not come up with anything yet. Mr. Briggs have adjacent property owners been notified? Mrs. Crowe yes, there were 10 notices mailed. Mr. Briggs any responses? Mr. Walton none. Mrs. Crowe return the application to the applicant as there is nothing different from the original application. Let Buccaneer Enterprises show how they will make their building compatible with R-3 zoning. ~- • • Mr. Ball you have advertised for a public hearing and there are people here to be heard. Mrs. Crowe those in favor.o[ta0img this? One for tabling and 5 for the public heari/ Mrs. Crowe closed the regular meeting and opened the public hearing. ` . ' Bill Alwert-oWder bf Buccaneer Enterprises, petitioner for the exception. Showed and explained a site plan. `- ' Mrs. Crowe at one time we discussed the possibility of putting apartmentstabove the storage building. Mr. Alwert when we pour the cement slab we will install the plumbing connections for a. apartment. Mrs. Crowe one of the other concerns is putting a warehouse in high density residen ial area and that the appearance of the building would not be computi0e:to the residtnces in the area. /~�� Kodiak Island Borough P.O. BOX 1246 , KODIAK, ALASKA 9961`5 -1246 PHONE (907) 486.5736 April 1, 1986 William Alwert Buccaneer Enterprises Box 1711 Kodiak, Alaska! 99615 RE CASE 82 -002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building ;located in a R3 -- Multifamily Residential Zoning District. The applicant; had requested that the conditions requiring screening and the construction of a residence- within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska 1st Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) The Planning and Zoning Commission rescinded action taken on this request at their regular March meeting after initial review of the request at their regular February meeting. Dear Mr. Alwert: Please be advised that the above.- referenced request has been. scheduled for review and action by the Planning and Zoning Commission at their April 16, - 1986 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak., Alaska. Your attendance at this meeting is recommended. The week prior; to the regular meeting, on Wednesday, April 9, 1986, 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 mayhave regarding this request. If you have any questions, please call the Community Development Department at 486 -5736, extension 255. • Sincerely, Patricia'Miley,; Sec z:etary Community Development Department cc: Case File' KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT.DEPARTMENT 710 Mill Bay Road. 'Kodiak, Alaska 99615 ITEM VI-K PUBLIC HEARING NOTICE A'public hearing will be held on Wednesday, April 16, 1986. The meeting . will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodak Island Borough Planning. and Zoning Commission', to hear comments, if any, on the following request: CASE .82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building. located.in a.R3--Multifamily Residential Zoning District. The applicant had requested that the conditions requiring screening'and the construction of a residence within two (2) years of sewer and water. installation be waived. Lot 3,, Block 1, Kadiak Alaska 1st Addition; 3310.Rezanof Drive East. (Wallet Alwert/Buccaneer Enterprises) The Planning and Zoning Commission rescinded action,taken on this request at their regular March meeting after initial review of the request at their regular February meeting; If you do not wish to testify verbally, you may provide your comments in the space below, or in a letter to the Community Development Department prior to the meeting. You are being notified because you are a property owner in the area of the request. If you have any questions about the request, please call us at 486-5736, extension 255. Your name: Mailing Address: Your property description: Comments: •*41.11 4,40.••• ••••:•:14:• 0,0. • II • 0444•11,* 0 • • •••••• 4. 4. \ - \ ••• • 44 ••• I •••(.4, \I— / \ / \ \ \ \ \ I— / ••••• \ \ 10•••••••\ 1:04/\ \•••• \ I- /\\-- \ 1- /\ •/‘ I \ — p, 44.(• 1 / •-•- " .•\--111‘- I14.0- I 4 ./ ■1 /•- •1\ • - \ w /\1 v /\- N 7 _/_\ I_ • • 1/\ 1\ ; I \ 4, / :' 1•:•":•././.\."\ -1- .. c/ \..\.7\1' \ \1:' .: .. . ,.. .%-:\ 1v\ • :/. . \ .t„I—.•■.1.•:,.. .\ ::....*../ ....;..... \ : ..*...* .:: • ..; ‘ ••• \ !ff. 0 0 £kVAV 4Y& • • ******* • ..44.4..... 44 ...... 44. ,,,s#404••• Of•••• .... •s ••• • • 11.•• • •• ••••••••• •• • • V • 4.•/4 6W 441! • • 0 • - • • • • • IF • .11).• • :4P • r • • P • • .-41 • • 6 4•-. •0'4 • P • • • • ' • • 0 • • • •4 •.0. .0.0 11. :. 0 L. • • a 0 • • •• • • ••• • • • • • 010 • • 47* • ••. •CD. .. iff•FIlete :•11,00s. .......... *.t •• • ••• .0 • ••• 111, • • ..... ...... 114" ••• 00414." 4444 ....... • • • 4.0 • • 44 • • • ..... too* • • • • • ...... 604. .41•4.41 ...... • • •• • C) • • • • • • • • • • • 14 • ( )52150010 CATHOLIC ARCHBISH;.ORP P.O. BOX 2239 ANCHORAGE AK 99510 R145 50011 CATHOLIC ARCHBISHO ORP P.O. BOX ANCHORAG R1452150012 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK AK 99615 R1510000040 ST PAUL LUTHERAN CHURCH P.O. BOX 102 KODIAKA AK 99615 R7235010300 ANDERSON,M /GROTHE,L P.O. BOX 2310. KODIAK AK 99615 ea-00 P r , R7515010001 KODIAK ISL /BOROUGH i KIB 8 710 MILL BAY RD KODIAK AK 99615 R7515010020 BENT,DOROTHY (MORRISON) 734 FAIRBANKS ST BLDG P13 ANCHORAGE AK 99501 R7515010030 ` BUCCANEER ENTERPRISES ALWERT,JEAN E WILLIAM P.O. BOX 1711 KODIAK AK 99615 R7515010040 CONVERSE,CLINTON C JANET P.O. BOX 3223 PALMER AK 99645 ARNDT,SCOTT P.O. BOX 489 KODIAK ARNUT,SCOTT P.O. BOX ' KODIAK R7515010050 AK 99615 PEREZ,'NTHONY P.D. BOX KODIAK 010060 615 R75 5020010 AK 99615. R75L5020020 ' PEREZ,A HONY & MADELYJ P.O. BOX 6 KODIAK AK 99615 GROTHE,LENHART P.Q. BOX 1504 KODIAK GROTHE,LENHART P.O. BOX _ o4 KODIAK R7515020030 AK 99615 -R:7515020040 AK'99615; R7515020050 PEREZ.ANTHONY & MADELYN P.O. BOX 6 KOD.IAK AK 99615 a8186 yap`e(„, - ooa R.751 So/ ©oo I L'or R75!___SoI :ob6b - ?S/ SOa _._Polo g 7S1 ;T1 2 R -Iti tc ass William'Alwert Box 1711 Kodiak, Alaska 99615 Dear Mr. Alwert: CASE 82 -002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential District. The applicant is requesting that the conditions requiring screening and .the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. Kodiak IslandBorough P.O. BOX 1246 KODIAK, ALASKA 99615 -1246 PHONE (907) 486 -5736 March 20, 1986 The Kodiak Island Borough Planning and Zoning Commission at their meeting on March 20, 1986, rescinded their motion denying your request for the exception cited above and passed a motion to hold another public hearing on this matter at their regular meeting on April 16, 1986. If you have any questions: about the action of the Commission, please contact me. Sincerely, Robert H. Pederson, Assistant Planner Community Development Department pm cc: Case File 3. Re-draft plat.on'a 24-inch by.36-inch sheet as required by preliminary approval if all data cannot be shown clearly. ' 4. Provide a signature line under the Ownership Affidavii',and-a Notary's Acknowledgment for the mortgage holder, Alaska Housing Finance Corporation, as required by preliminary approval. 5. Provide electrical utility easements 'five-feet-wide along Eider Street and Lilly.:Drive and a down guy easement for KEA's existing pole along Lilly Drive as required by preliminary approval. 6. Applicant to install water and'sewer services to Lots 7A and - 7C. B) CASE S-85-066.. Final plat: subdivision of a portion of Section 31, Township 29 South, Range 18 West, Seward Meridian and a portion of Section 6, Township 30 South, Range 18. West, Seward Meridian creating Lots 3 through 10, Block 1 and Lot 15, Block 2, Chiniak Subdivision. (Kodiak Island Borough) - COMMISSIONERMOVED TO GRANT FINAL APPROVAL OF CASE S-85-066, Lots 3 through 10, Block-1 and Lot 15, Block 2; Chiniak Subdivision. The motion'was seconded and CARRIED by unanimous voice'vote. * VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS • COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT of Items IX-A and • IX-B. The motion was seconded and CARRIED by unanimous voice vote. A) Memorandum establishing policiea and procedures for review of site grading work. B) Memorandum interpreting and establishing definitions for- permitted uses in the C--Conservation-Zoning District. X. REPORTS A) Status Report from the ComMunity Development Department. B) Freed reported on the City Council's action on Ken Damm's appeal at theirmeeting on March 13, 1986 upholding the Planning and Zoning Commission's denial. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO.RESCIND THE ACTION TAKEN OWCASE 82-002 AT THE FEBRUARY 19, 1986 REGULAR MEETING. The motive-was - '---seconded- and CARRIED by majority roll call vote. Commissioners' Knudsen and Rennell voted "no." COMMISSIONER HEINRICHS MOVED TO PLACE CASE 82-002 ON THE APRIL AGENDA FOR ANOTHER PUBLIC HEARING. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no.". P & Z REGULAR MEETING 10 MARCH 19, 1986 MINUTES William Alwert Box 1711 Kodiak, Alaska 99615 -Dear Mr.Aiwert: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486.5736 February 20, 1986 RE: CASE 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. . The Kodiak Island Borough Planning and Zoning Commission at their meeting - on February 19, 1986, denied your request for the exception cited above and adopted the following findings of fact in support of their decision: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the. general purposes and intent of this title and (C)adversely impact other properties or uses in the neighborhood. A. Removal of the conditions of approval for a warehouse in a residentially zoned area could potentially be detrimental to the public's general welfare. .Commercial/industrial uses such as warehouses are not compatible with and can be disruptive to residential neighborhoods. Although all surrounding parcels are currently vacant, these parcels are zoned for residential development (R2 and R3). Reasonable conditions of approval (such as fencing and screening) are one way to reduce .potential land - use conflicts between incompatible land uses (i.e., a,warehouse and residential development). Requiring the .construction of a residence following installation of sewer and water services also smsuretthat there will be a permitted land use on the property in the future, thereby lessening potential land use conflicts. Kodiak Island Borough William Alwert February 20, 1986 Page Two B. Removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3--Multifamily Residential District, and with Section 17.65.060 (Conditions) of the Borough Code. Warehouses are not listed as a permitted use in the R3 District and Section 17.20.010 specifies that the intent of the R3 District is to encourage the construction of one, two and multifamily dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of residential uses, and to encourage the discontinuance of existing uses that are not permitted. Section 17.65.060 provides that in granting exceptions, the Commission may make any conditions, .requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties. It would appear that the conditions of approval imposed by the Commission ensure that the warehouse use will not interfere with development of residential uses and ultimately will lead to construction of a use (single-family residence) that is permitted in the R3 District. Therefore, removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will set a.precedent for not attaching . conditions to Other approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions of approval or requesting removal of the conditions. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the Borough Clerk within ten days Of' the date of theCommissioes decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. Kodiak Island Borough William Alwert February 20, 1986 Page Three You should also be aware that the Commission did make.a motion to investigate the rezoning of your property to a classification that would permit your existing activity. This motion failed. If you, as property owner, would still like to pursue rezoning your land, please contact this office so we. may assist you with the application. If you have any questions about the action of the Commission, please contact me. Sincerely lobert H. Pederson, Assistant Planner Community-Development Department pm cc: Case File CONDITION OF APPROVAL: 1. All buildings shall be removed when the logging camp is removed or ceases to be used as a logging camp. FINDINGS OF FACT: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A)• endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. Logging activities have previously occurred on Afognak Island and Departmental files do not indicate that the previous base camp posed any danger to public health, safety or welfare. In addition the plan proposes to retain a 100 -foot to 200 -foot buffer strip of trees along all bodies of water, to locate all fuel storage, power generation and shop facilities at least one- quarter mile away from bodies of water and to incinerate all garbage and solid waste. If the above criteria are adhered to, and if all building, fire and sanitary codes are complied with, the proposed use should not endanger the public's health, safety or general welfare. If these codes are met and all buildings are constructed in compliance with the approved plan, adherence to the additional standards of theMobile Home Park Chapter of Title 17 is not necessary for this specific use in this specific remote location. 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 17.13 (Conservation District). Agricultural activities, forestry activities and single - family dwellings are all permitted uses under the Conservation Zoning District and a base camp is necessary to support these activities in a remote location. If all building, fire and sanitary codes are met and buildings are constructed in compliance with the approved plan, adherence to the additional standards of the Mobile Home Park Chapter of Title 17 is not necessary for this specific use in this specific remote location. C. The proposed use does not appear to adversely impact other properties or uses in the area because all land to the south is under the applicant's management and all land north of the site is owned by the U.S. Forest Service. This should provide adequate separation between the base camp and any other uses. If the building, fire and sanitary codes are met and buildings are constructed in compliance with the approved plan, adherence to the additional standards of the Mobile Home Park Chapter of Title 17 is not necessary for this specific use in this specific remote location. CASE 82 -002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3-- Multifamily Residential District. The applicant is requesting that the conditions • requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. (William Alwert /Buccaneer Enterprises) P & Z REGULAR MEETING 11 FEBRUARY.19, 1986 BOB PEDERSON indicated 11 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff , recommended denial of this 'request. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT A REQUEST THAT THE CONDITIONS OF APPROVAL OF AN EXCEPTION requiring screening and the construction of a residence within two years of sewer and water installation be waived on Lot 3, Block 1, Kadiak Alaska Subdivision First Addition. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called And the motion FAILED by majority roll call vote. Commissioners Rennell, Knudsen and Heinrichs voted "no." COMMISSIONER JAMES MOVED TO INSTRUCT STAFF TO INVESTIGATE THE REZONING of this lot and the area immediately surrounding this lot on the same side of the road. The motion was seconded.' A discussion ensued amongst the Commissioners and Community Development Department staff. The question was called and the motion FAILED by majority roll call vote. Commissioner Anderson abstained and Commissioners Rennell and Knight voted "no." COMMISSIONER JAMES MOVED TO ADOPT THE FINDINGS contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Removal of the conditions of approval for a warehouse. in a residentially zoned area could potentially be detrimental to the public's general welfare. Commercial /industrial uses such as warehouses are not compatible with and can be disruptive to residential neighborhoods. Although all surrounding parcels are currently vacant, these parcels are zoned for residential development (R2 and R3). Reasonable conditions of approval (such as fencing and screening) are one way to reduce potential land use conflicts between incompatible land uses (i.e., a warehouse and residential development). Requiring the construction of a residence following installation of sewer and water services also ensures that there will be a permitted land use on the property in the future`, thereby lessening potential land use conflicts. P & Z REGULAR MEETING 12 FEBRUARY 19,'1986 B. Removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 -- Multifamily Residential District, and with Section 17.65.060 (Conditions) of the Borough Code. Warehouses are not listed as a permitted use in the R3 District and Section 17.20.010 specifies that the intent of the R3 District is to encourage the construction of one, two and multifamily dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of residential uses, and to encourage the discontinuance of existing uses that are not permitted. Section 17.65.060 provides that in granting exceptions, the Commission may make any conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties. It would appear that the conditions of approval imposed by the Commission ensure that the warehouse use will not interfere with development of residential uses and ultimately will lead to construction of a use (single - family residence) that is permitted in the R3 District. Therefore, removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will set a precedent for not attaching conditions to other approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions of approval or requesting removal of the conditions. J) CASE 84 -076. Request to rezone a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C -- Conservation to I-- Industrial and B -- Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Kodiak Island Borough Planning & Zoning Commission) BOB PEDERSON indicated 39 public hearing notices were mailed for this case and 2 were returned, in- favor. Staff recommended approval of this request. LINDA FREED reported for the public record that the Coast Guard Legal Officer and Planning Officer were in attendance at the Commission's worksession on February 12, 1986 and are unable to attend tonight's meeting. They strongly object the rezoning of this area at this time. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued,amongst the Commissioners and Community Development Department staff. COMMISSIONER JAMES MOVED TO TABLE A REQUEST TO REZONE a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C-- Conservation to I -- Industrial and to B-- Business in accordance with Chapter 17.72 of the Borough Code until such time P & Z REGULAR MEETING 13 FEBRUARY 19, 1986 William Alwert Box 1711 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 February 14, 1986 CASE 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3---Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a. residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. Dear Mr. Alwert: Enclosed please find a copy of the materials, concerning the above-referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review session held Tuesday, February 11, 1986. If you have any questions or comments,.please contact the Community Develop- ment Department at 486-5736, extension 255. Sincerely, Patricia Miley, Secr tary Community Development Department Enclosures cc: Case File Kodiak Island Borough MEMORANDUM ITEM VI•I DATE: February 3, 1986 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the February 19, 1 86 Regular Meeting RE: CASE 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. (William Alwert/Buccaneer Enterprises) Eleven (11) public hearing notices were mailed on January 31, 1986. 1. Applicant: William Alwert/Buccaneer Enterprises 2. Land Owner: Same. 3. Request: For Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. Alwert/Buccaneer Enterprises) 4. Purpose: To remove two of the conditions of approval of this exception which required the security fence along Rezanof Drive to include screening and the construction of a residence within two years from the availability of public water and sewer service. 5. Existing Zoning: R3--Multifamily Residential 6. Zoning History: The 1968 Comprehensive Plan identifies this lot as Residential--R3. Departmental files indicate no further activity. 7. Location: Physical: 3310 Rezanof Drive East CASE 82-002 1 FEBRUARY 19, 1986 P&Z ITEM VI -I Legal: Lot 3, Block 1, Kadiak Alaska Subdivision First Addition 8. Lot Size: 1.07 acres 9. Existing Land Use: A warehouse and fishing gear storage. 10. Surrounding Land Use and Zoning: North: South: East: West: Lot 4, Block 1, Kadiak Use: Vacant Zoning: R3 Lot 2, Block 1, Kadiak Use: Vacant Zoning: R3 Lot 3, Block 2, Kadiak Use: Vacant Zoning: R3 Rezanof Drive East and Use: Vacant Zoning: R2 Alaska Subdivision First Addition Alaska Subdivision First Addition Alaska Subdivision First Addition Tract R -1A, U.S. Survey 3218 11. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for Mobile Home Courts. 12. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: 17.65.060 Conditions. The commission, in approving an exception, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make `requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operation of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to insure the conditions designated will be complied with. COMMENTS: The original exception to permit the construction of an accessory building prior to construction of a main dwelling on this lot was approved by the Commission on January 20, 1982 with three conditions: A site plan be prepared for the. Commission's review which shows the location of the accessory building, proposed apartment in the accessory building, fence, outdoor storage area, and points of access to the property and be approved prior to the issuance of a building permit. CASE 82 -002 2 FEBRUARY 19, 1986 P &Z ITEM VI -I 2. The security fence include screening material on the Rezanof Drive side of the property. 3. Water and sewer connections be placed in the concrete floor of the accessory building to provide for future residential use when water and sewer service becomes available and the residential use be installed in the accessory building or elsewhere on the property within two (2) years of the availability of public water and sewer service. On May 26, 1982, the Commission approved the site plan referenced in number 1 above and therefore this condition has generally been satisfied with the exception of the fencing around the entire parcel. Also, water and sewer connections were placed in the accessory building during construction, so that portion of condition number 3 above has been satisfied. At this time the applicant requests, that condition number 2 and the remaining portions of conditions numbers 1 and 3 be removed, hence this request. In order to grant an exception, the Commission must find that the use proposed in the application meets all of the following: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Removal of the conditions of approval for a warehouse in a residentially zoned area could potentially be detrimental to the public's general welfare. Commercial /industrial uses such as warehouses are not compatible with and can be disruptive to residential neighborhoods. Although all surrounding parcels are currently vacant, these parcels are zoned for residential development (R2 and R3). Reasonable conditions of approval (such as fencing and screening) are one way to reduce potential land use conflicts between incompatible land uses (i.e., a warehouse and residential development). Requiring the construction of a residence following installation of sewer and water services also ensures that there will be a permitted land use on the property in the future, thereby lessening potential land use conflicts. B. Removal Cf the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3-- Multifamily Residential District, and with Section 17.65.060 (Conditions) of the Borough Code. Warehouses are not listed as a permitted use in the R3 District and Section 17.20.010 specifies that the intent of the R3 District is to encourage the construction of one, two and multifamily dwellings, to prohibit commercial and industrial land uses which would interfere with the development or continuation of residential uses, and to encourage the discontinuance of existing uses that are not permitted. Section CASE 82 -002 3 FEBRUARY 19, 1986 P &Z r ITEM VI-I 17.65.060 provides that in granting exceptions, the Commission may make any conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties. It would appear that the conditions of approval imposed by the Commission ensure that the warehouse use will not interfere with development of residential uses and ultimately will lead to construction of a use (single-family residence) that is permitted in the R3 District. Therefore, removal of the conditions of approval will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.20, the R3 District. C. Removal of the conditions of approval could potentially adversely impact other properties in the area. In addition to the potential land use conflicts identified in A and B above, removing conditions will set a precedent for not attaching conditions to other approved exceptions and could also lead to other parties with exceptions not fulfilling their conditions of approval or requesting removal of the conditions. RECOMMENDATION: Staff finds that this request does not meet the standards for an exception and recommends that the Commission deny this request. However, should the Commission feel that this type of land use is appropriate at this location, consideration should be given to rezoning the property to a classification that permits this use. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is specified below: Move to grant a request that the conditions of approval of an exception requiring screening and the construction of a residence within two years of sewer and water installation be waived on Lot 3, Block 1, Kadiak Alaska Subdivision First Addition. Staff recommends that this motion be denied and the following motion made: Move to adopt the findings contained in the staff report as "Findings of Fact" for this case. CASE 82-002 4 FEBRUARY 19, 1986 P&Z. JAN 1 3 Wtiti • i • s -, KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 20, 1982, regular meeting Page 2 3. PUBLIC HEARING•ON CASE 82 -002. An exception from Section 17.51.020 to permit the construction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval of the exception. Mr. Briggs do we have the height of the building? Mrs. Crowe the code states that we need to take action on this within 40 days, does that begin from today? Mr. Walton yes, it begins at the public hearing date. Discussion between the Commission members on the building height. Mr. Ball under condition #1 we are recommending that they would have to give us a complete plan of what they planned on doing and we would have to approve it before a building permit could be issued. Is this correct? Mr. Walton yes, that is correct. Mr. Hill would like to see this tabled for 30 days. Mr. Ball I would be willing to table this but the Alwert's may wish to have the public hearing. Mr. Briggs I would like to see this tabled. Mrs. Crowe do you think 30 days will be enough time to get the questions you have answered? Mr. Briggs I'm not sure. Mrs. Strickert I would like to see it tabled. Mr. Ramaglia I would like to see it tabled, need to address the need for gear storage and possible rezoning of the land to industrial. - Mr. Ball could we get this on the floor for the public hearing? Mr. Hill it has been discussed several times and we have not come up with anything.yet. . Mr. Briggs have adjacent property owners been notified? Mrs. Crowe yes, there were 10 notices mailed. Mr. Briggs any responses? Mr. Walton none. Mrs. Crowe return the application to the applicant as there is nothing different from the original application. Let Buccaneer Enterprises show how they will make their . building compatible with R -3 zoning. Mr. Ball you have advertised for a public hearing and there are people here to be heard. Mrs. Crowe those in favor of tabling this? One for tabling and 5 for the public hearii Mrs. Crowe closed the regular meeting and opened the public hearing. Bill Alwert owner of Buccaneer Enterprises, petitioner for the exception. Showed and explained a site plan. Mrs. Crowe at one time we discussed the possibility of putting apartments above the storage building. Mr. Alwert when we pour the cement slab we will install the plumbing connections for a apartment. Mrs. Crowe one of the other concerns is putting a warehouse in a high density residen ial area and that the appearance of the building would not be compatible to the residences in the area. • "�`• --- ^°-�- ' =�� ' K00 &K ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 2U,1982, regular meeting Page 3 Mr. Alwert it was just a swamp to begin with. Mr. Ball have you seen the staff report addendum? Mr. Alwert no. Mr. Ball read the addendum. Mr my concern is that we do not allow a warehouse to be built that looks like' a warehouse so that down the road people do not look at this as poor planning on our • part. I would like to see something done to the building so that it does not look so much like a warehouse. We need to develop a place for gear storage areas as we are a fishing community. Mr. Alwert alot of the gear is going to be stored inside where you can not see it, right now we could store more gear there and make it look like a Junk yard. The building will be 40' x 80'. Mr. Briggs how high is the building? Mr. Alwert we want to put a building with 20' eaves. 24' to ceiling peak. Mrs. Crowe the activity that in carried on, on this lot is nonconforming and the Planning Department can go out and take pictures so that what you have on the lot now will be all that is permitted. By me coming off as being'negative to this request it shows that I muYbe against fishing, but l am not. Mr. Ball under condition #1 in the addendum, if this is approved tonight you would have to provide a plan showing where the residence will be in the storage building and that two (2) years after public water and sewer are installed a residence will be completed and you get approval from the Planning Commission for the building plans. Mr. Alwert that is fine. I'll have you a set of plans within two weeks. Mrs. Strickert l was going over the appeal minutes at the Assembly and a few names came up who were in favor of this and who also are storing gear on the lot. Is this permitted for other people to store their gear on this lot? Mr. Alwert did you read all of the minute,, as not one of those people is being chargec Mr. Painter partner, Buccaneer Enterprises, z have also been here a long time and have seen the town grow. We started last . building and we are still trying to get an exception. There are variances all over this City and this isn't really any different then any of the other variances you have granted. It was my understanding at.the first meeting the Commission had on this case that everything was okay on it. I do not see any problems with the proposed conditions you are looking at for this case. We have grandfather rights to put fishing gear on this lot and I don't see where the building is going to look out of place. I do not understand why you would be requesting windows to be put in at this time as we would not be solving our vandalism problem. Mr. Ball do you agree with the #1 condition in the staff report addendum? Mr. Painter yes, but we should try and work together to get a set of plans that are agreeable with both of us. Mrs. Strickert for a window you could use something other than glass, such as plexi- g/ass. Mr. Hill no decisions are made at work sessions. Discussion between the Commission members and Mr. Painter on what occurs in a work session. Mrs. Crowe closed the public hearing and reopened the regular meeting. • Mr. Ball called for a 5 minute recess at 8:35 p.m. Mrs. Crowe reconvened the meeting at 8:45 p.m. r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 20, 1982, regular meeting Page 4 Mr. Ball moved to grant a request for an exception from Section 17.51.020 of Borough Code to permit the construction of an accessory building before the construction of a main building on lot 3, block 1, Kadiak Alaska Subdivision, First Addition with three stipulations: 1. a site plan be prepared for the Commission's review which shows the •location of the proposed building, fences, outdoor storage area, proposed apartment in the accessory building and points of access to the property and be approved prior to the issuance of a building permit, 2. security fence include screening material on the Rezanoff Drive side of the property and 3. water and sewer connections be placed in the concrete floor of the accessory building to provide for future residential use when water and sewer service becomes avaiable and the residential use be installed in the accessory building or elsewhere on the property within two (2) years of the availabilit of public water and sewer service. Seconded by Mr. Briggs. Motion PASSED with a 4 -2 vote with Mrs. Crowe and Mr. Hill voting NO and Mr. Ramaglia, Mrs. Strickert, Mr. Ball and Mr. Briggs voting YES. 4. PUBLIC HEARING ON CASE 82 -001. A request for a land lease on USS 1701 and USS 1738 on Shuyak Island. (Ernest and Joan Newland) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which explained the basic things to remember about the case such as: USS 1701 is under lease presently and USS 1738 need to be declared surplus and offered for a lease or public auction. Mrs. Crowe ther6. will be additional land that will come into the Borough's hands. Is this in the same location? ti Mr. Walton yes, it is. Mrs. Crowe closed the regular meeting and opened the public hearing. Ernest Newland would not mind this land going up for public auction. Mrs. Crowe are you working with any kind of a time frame? Mr. Newland not really. Discussion between Mr. Newland and the Commission member's on the leasing procedures. Mrs. Crowe when do you think the other land will be turned over to the Borough? Mr. Walton May or June of this year. Mrs. Crowe the Borough could take action on the total land within two years. Mr. Walton you and the Assembly should start thinking about what you are going to be wanting to do with approximately 56 thousand acres of land. Discussion on possibilities for the land coming into the Borough. Mrs. Crowe my concern is that maybe we are acting premature in leasing or recommending the sale of one part of this land when at a later date we can act on the whole thing. Personally I would like to turn this down and have it resubmitted when the other land comes into the Borough's hands. Mr. Briggs do we have the boundaries on this parcel? Mr. Walton it was subdivided in 1927 and is a filed U.S. Survey. Barb Markahwitz what is the purpose of the lease? Mrs. Crowe it would be able to be used within the boundaries of our current ordinance as if it was theirs. Barb Markahwitz would a person have to show they were going to use it for a specific type of development? If land is offered for lease the person should not be limited to specific things or money making trades. Who has the lease on USS 1701 ? - Mr. Walton Borough received patent on the land on August 31, 1980. When we received the land from the State it was being leased by Ed Hendricks and Mike Escavara, the lease expires in May of 1984. Discussion between the Commission members and Barb Markahwitz on leasing. KODIAK ISLAND BOROUGg" COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI-I PUBLIC HEARING NOTICE A .public hearing will be held on Wednesday, February 19, 1986. 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 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building -located-in-a-11.3.7-Multifazily-Rceldentlal-Distrlat.-Ihe-epplicaut-ls- ---- requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be walired. Lot 3, Block L,'Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. ' . • FEB 1 0 196b 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: 7013a.k-Ked, %4Mailing Address: X3 Your property description: Th Fez(d1\4g,ea..,„r Comments: -7-ke gluvay (014_,AT/74 t/c) a 6 e iv;10 (C7 FEB 1 0 1986 • _ o•RA -p a � • • •YY......••••e ►•! • 4•.M•..'•.•...M. 4e::: • • }!. •e• • .•.'.'• ••••.'• TRACT TRAC •"•••••••• .-. -. / 0 • 10 RezanofDiAK 1st D. lliam East Alwert /Buccaneer EnterpriSes R p C .:4 • /. • 213 William Alwert Box 1711 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 January 31,1986 RE: CASE 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. Dear Mr. Alwert: Please be advised that the above-referenced request has been scheduled for review and action by the Planning and Zoning Commission at their February 19, 1986 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. The week prior to the regular meeting, on Tuesday, February 11, 1986, 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 your request. If you have any questions, please call the Community Development Department at 486-5736, extension 255. Sincerely, Patricia Miley, Secretary Community Development Department cc: Case File KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road Kodiak, Alaska 99615 ITEM VI-I PUBLIC HEARING NOTICE A .public hearing will be held on Wednesday, February 19, 1986. 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 82-002. Request for Planning and Zoning Commission review of the conditions of approval of an exception for a fishing gear storage building located in a R3--Multifamily Residential District. The applicant is requesting that the conditions requiring screening and the construction of a residence within two (2) years of sewer and water installation be waived. Lot 3, Block 1.,'Kadiak Alaska Subdivision First Addition; 3310 Rezanof Drive East. 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: ••••• •, 1...0 • • • • •••:i • ;' fv-1\1.‘,1.....71‘ft/:-:_ic.v.:\AI:\ ,I � \ \� % i% \ I/ /\1�/ I -/\ �r /\ /\ /\‘••••/%111/\\/•,,e14 / \ \ i \j \ \f{� \ /\‘••••/\ I \ .. \/ \\.•••••\ 1.... \� (� i\ /\\ /.1 / \ \ /i\ 1/ '. / \ \/ \1 - \ / \' \ '1..,_ - / \1/ / \ /I = I\ \1.i - \ / \j�l�, \1/\I 1 •• ••• •••• •••• • i •01..80. 0.00. • • .000.0• •�•••• ••••.•ear • • • ••••••••• 4 • • • • • • a • • C• 0 0 • • • • • • • 0 0 0.11.0.4. • ••• • • • • ••0. 0 •..+ • Fir N V ♦ • 1.1.1.1. �.. • • •!i1. •0. •fin ••.•s. •••••40 •Ai••11•• M..i...• • • • • 0.0• • <1 ,lT ••••0• . . . (7515010001' KODIAK ISLAND E.2,,,,_JGH KIB 8 710 MILL BAY RD -KODIAK AK 99615 R7515010020 BENT.DORi&Y (MORRISON) 734 FAIRBANKS ST BLDG 013 ANCHORAGE AK 99501 R7515010030 BUCCANEER ENTERPRISES ALWERT,JEAN & WILLIAM P.O. BOX 1711 KODIAK AK 99615 R7515010040 CONVERSE,CLINTON E JANET P.O. BOX 3223 PALMER AK 99645' R7515010050 ARNDT.SCOTT P.O. BOX 489 KODIAK ' AK 99615 ARNDT SCOTT KOD : ! . : • R7515010060 9615 PER THON P.O. BOX KODIA • R7515020010 • 9615 R7515020020 PEREZ.ANTHONY & MADELYN P.O. BOX 6 KODIAK AK 99615 *GROTHE.LENHART P.O. BOX 1504 KODIAK • • tZ I R7515020030 AK 99615 ' GROIN ENHART P.D. KODIAK R7515020040 99615 R7515020050 PEREZ,A Y M P.O. BOX KODIAK AK Fa-- 42_ /1 FiliAk • R1452150010 CATHOLIC 2,--.,,--ABISHOP CORP P.O. BOX 2239 . ANCHORAGE -.AK 99510 CATHOLIC P.O. BOX ANCHO E AK 99 52150011 ' OP CORP • R1452150012 BRECHAN ENTERPRISES INC P.O. BOX 1275 KODIAK AK 99615 R1510000040 ST PAUL LUTHERAN CHURCH P.O. BOX 102 KODIAKA AK 99615 R7235010300 • . ANDERSONIM/GROTHE'L P.O. BOX 2310 • KODIAK. - AK 99615 • R. 7S7 5-0( 000 FS. ais oo/ U5 `' t C -1 ' R. 7 501 03o0 / •'y • • •s • 24 ° • ♦ • o i• 4 • • • • • _° • • \/ • • • ••• : 4 e •v • *► 4 • • •, • • 44- • • . • • • • i% • • 1 4 • • • • • • • • • • ° • • • ♦ 4 • ......................... 1 as solo et r , . . : ,.... :: : 4. 64 , 1-\44; ', 411'w 3 • • • • • • • • • • • • •••••••••.• ... .• •••••••••......•••••• , ▪ ,...,..........\,_ ,, , .... ..... , .....• ...• .,...._ ,,,.........\,_, ,..... ••-tue): Xi- /1/ -\ 1/� ,\,.- / \ • ;%'� \ $2F6- \1.;; 0- • • /.•• /40 1 \ /I \"�� �/1I\ _\ 1\ . \- I .. - \/I \ ∎. \/ /1 \.. - \/ I „4...... •A • :7 5 s.. 'AC 000V �I \ /I \\� \ //I \� / \�!\/ \.- ,111(E► i \.� /I \/ \ /I\/I\ 46160. • 449 CIRCLE 2330 TRACT TRAC r Cr / \ / /fiRA -9 T\gel/ ' �•N •A Fi Ar- . R CASE 82 -002 LOT 3 BLK 1 KADIAK 1st ADD. 3310 Rezanof Drive East William Alwert /Buccaneer Enterprises \ -� -/i v.2 R =500' •::•:. R • r. • IS.. ..1.T.: ::I •• . •_• 19 B=t : 2C9 JAN 1 3 Mb - r- -z_ V To , GL G,(c1 A / ) • &c 7-- 0 qzcz-4 ' 4 I • . f . c, Nc G i t_i 0 d . ( ck___V- (e 13,. tl t ,17 el- 2- -z_ V Mr. William Alwert Box 1711 Kodiak, Alaska 99615 / 7 ) Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486-5736 November 19, 1985 Re: Lot 3, Block 1, Kadiak Alaska 1st Addition Conditions for exception January 20, 1982 update Dear Mr. Alwert: Attached is a copy of notification sent to you on January 22, 1982 advising you of the Planning and Zoning Commission's approval of your application for an exception to Section 17.51.020 for the construction of an accessory building prior to the construction of a main building including three conditions. On November 19, 1985 a site inspection was conducted and photo's were taken of your partially completed fence. The purpose of this letter is to thank you for complying with Condition No. 1 and partially complying with Condition No. 2 of the approved exception. Complete compliance with Condition No. 2 includes screening along the Rezanof side of the property. Your file will be reviewed monthly until the screening has been accomplished. After that it will be placed in a yearly review to monitor compliance with Condition No. 3 when water and sewer is available to the property. Thank you for your cooperation. If you have any questions, please call me at 486-5736 Ext. 254. Sincerely, Gordon Gould Assistant Planner/Zoning Officer Community Development Department Enclosure cc: Linda Freed, Director, Community Development Jerome Selby, Mayor Bob Pederson, Assistant Planner/Zoning Officer ck s KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: February 27, 1985 TO: The File FROM: Mike Steele, Assistant Planner /Zoning Officer, CDD SUBJECT: Construction of a Screening /Security Fence RE: Lot 3, Block 1, Kadiak Alaska First Addition, 82 -002 On February 27, 1985 I contacted Bill Alwert concerning the construction of the required fence around his gear storage shed. Alwert stated he would have the fence constructed within 30 days and would notify the Community Development Department upon completion. pb COMMISSIONER HILL MOVED TO ACIN01( 1ED RECEIPT of this latter. The motion was seconded and CA21 .-4.►y unanimous voice vote. B) "�Littis from Jean E. Alvert, Buccaneer Enterprises ?, COMMISSIONER HILL MOVED TO ACKNOWLEDGE RECEIPT of this latter. The motion was seconded and- CARRIED by unanimous voice vote. C) Memorandum from Community Development Department Staff requesting interpretation of "permitted uses" (17.24.010) in the Industrial District. LINDA FREED indicated that currently the Industrial District states that "all uses permitted in a 8- Business Zone are allowed except those that are residential are permitted in the Industrial District." There is no specific definition of "residential" in Title 17 and therefore we request clarification from the Commission. A discussion ensued amongst the Commiaaionere. COMMISSIONER JAMES MOVED THAT FOR THE PURPOSE OF INTERPRETATION of the Industrial District that apartments, hotels and motels are residential uses and therefore disallowed as a use in the industrial zone. The motion was ascended and CARRIED by unanimous voice vote. S REPORTS A) December Status Report from the Community Development Department. B) The City Police Department has indicated it will enforce the "no left turn" sign at the exit of McDonald's on to Lower Mill Bay Road. C) A Joint Borough Parks and Recreation Committee and Borough Assembly meeting is scheduled for January 24, 1985. at 7:30 p.m. in the Borough Conference Room and the Commission is invited to attend. XI AUDIENCE COMMENTS Thera were no audience comments. XII COMMISSIONERS' COMMENTS COMMISSIONER KNIGHT requested the Chairman excuse him as he will be on vacation at the time of the Planning and Zoning Commission meetings scheduled for February 13, 20, 27, March 6 and 13. CHAIRMAN GREGG excused COMMISSIONER KNIGHT. COMMISSIONER HILL indicated that he attended the last City of Kodiak Council meeting and received their endorsement to pursue a "view" ordinance. LINDA.FREED indicated it was one of the items to be considered during the upcoming zoning revision re -write which will be presented to the Commission in future. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 10:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST BY: By: Patrici Secretary DATE APPROVED:•, a Miley, P 'Rv2ov", 30 !q $S P 6- Z-- Regular - Meeting 'la January -16,- 1984 -" 1 COMMISSIONER PATTERSON indicate=` -chat cul -de -sac definition also included the number of residerr, !a the area to determine the traffic loads. Stating that 11:- d walked the area, ha felt an easement would be more suitable for the area. COMMISSIONER HILL MOVED TO GRANT A FINAL SUBDIVISION of Lot 11, U.S. Survey 3103 to Lots 11A and 11B, U.S. Survey 3103 per the memo of January 9, 1985, and item number 2 being that an access and utility easement be required of 30 feet. The motion was seconded and CARRIED by majority'roll call vote. Commissioners Rennell and Patterson dissented. VII OLD BUSINESS A) CASE 84 -128. Findings of Fact for the denial of a request for an exception from Section 17.17.020 (Permitted Uses) to permit the removal of approximately 101,000 cubic yards of rock from an RRI- Rural - Residential One lot for the purpose of site develop- ment; generally located across from Bayside Fire Station and adjacent to an existing gravel pit. Lot 3, Block 3, Miller Point Alaska Subdivision COMMISSIONER GREGG indicated there were five findings of fact outlined in the memo from staff. COMMISSIONER JAMES MOVED TO APPROVE THE FINDINGS OF FACT as outlined in the memorandum from the Community Development Depart- ment dated January 9, 1985. The motion was seconded and CARRIED by majority roll call vote. Commissioner Patterson abstained. B) CASE S -84 -051. Final Subdivision of Lot 2, Block 1, Bells Flats Alaska Subdivision to Lots 2A, 2B, and 2C, Block 1, Bells Flats Alaska Subdivision. COMMISSIONER HILL MOVED TO.GRANT FINAL SUBDIVISION of Lot 2, Block 1, Bells Flats Alaska Subdivision to Lots 2A, 2B, and 2C, Block 1, Bells Flats Alaska Subdivision per the memo of January 9, 1985 by the Borough Engineer. The motion was seconded and CARRIED unanimous roll call vote. C) CASE S -84 -056. Final Subdivision of Tract D -1, U.S. Survey 1682 to Woodland Acres Subdivision, 5th Addition: Lots 3 -9, Block 7; Lots 1 -15, Block 8; Lots 1 -6, Block 9; Lots 7 -12, Block 10; and Teal Way and .the extension of Gull Drive. - COMMISSIONER HILL was excused due to a possible conflict of interest. COMMISSIONER JAMES indicated that number one needed more clarification, suggesting "place covenant on the plat restricting access to Lots 12 .45, Block 8 to Teal Way." LINDA FREED inquired if Lots 1 and 2, Block 9 ought to have the same restriction. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to this subdivision subject to the conditions in`the memorandum from the Borough Engineer dated.January 9, 1985, -with the following changes made to condition number one: place a covenant on the plat restricting access to Lots 12 -15, Block 8 and Lots 1 and 2, Block 9 to Teal Way. The motion was seconded and CARRIED by unanimous roll call vote. VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS LINDA FREED indicated three communications: (A) a letter of appeal from Alagnak Associates; (8) a letter from Jean E. Alwert; and (C) a memorandum from Staff requesting interpretation. A) Letter of Appeal - Alagnak Associates. P b Z Regular Meeting -9- January 16, 1984 . 3/. t?sy • • " • - •,, • • 1.e..0)"4.de.4.4e..4.,e.: geOult./ 1_244,0a_a_tice„e,L,„ J&i. .et? ;4..E■ —/Aticutint.._Z .44101(4644.■L KODIAK ISLAND BOROUGH MEMORANDUM DATE: December 17, 1984 TO: The File FROM: Mike Steele, Assistant Planner/Zoning Officer, CDD SUBJ.: Case 82-002 On December 17, 1984 I telephoned Mrs. W.E. Alwert concerning the construction of a screening fence around the property, Lot 3, Block 1, as required by the conditional use permit. Mrs. Alwert stated the fence had not been constructed for several reasons: rock on the property makes setting posts difficult, lack of money, and lack of time during the fishing season. I explained to Mrs. Alwert that the construction of the fence was a condition of the permit and, therefore, I must have a construction schedule. Mrs. Alwert agreed to submit a construction schedule in writing to this office within one week. KODIAK ISLAND BOROUGH MEMORANDUM [ DATE: May l7� 1986 TO: Plannflg and Zoning Commission FROM: Bud Ca'ssidy, Zoning Office SUBJ: Violations -A number of Commission members have asked me to investigate some possible violations. This memo addresses three concerns: 1 . Fencing Around.Alwertts Prop erty I had a telephone conversation with Mrs. Alwert on May 16, 1984 to inquire about the lack of a fmn ce surrounding the pruperty. She replied that the fence is here; but, due to the construction n n occurring along Rezanoff (water and sewer) and her husband going halibut fishing, the fence will not be going up in the near future. | asked her to write a letter assuring us it would be erected by summer and she said she would. If the letter is not received in a timely manner, a violation notice will be sent. 2. Gibson Cove Dormitory On February 21, 1979, Case 2-78-078, the Commission granted an exception for a dormitory in an industrial area with the following conditions: 1. Parking provided in accordance with Borough code; and 2. Approved sewage system. The 1979 date also gives this facility grandfathered status. Newspaper Advertisement - Ellen Bax | talked to Ms. Bax concerning her ad and the possible conflicts with the Borough code. She mentioned that the trailer is a home, and she is basically renting out rooms. A total of four people will be staying there. Borough code allows a group of not more than five unrelated people to live in a single dwelling unit. cmk cc Case file W82-002 (Alwert) Case file #Z-78-078 (Gibson Cove) KODIAK ISLAND BOROUGH MEMORANDU.M DATE: May 9, 1983 TO: Will Walton, FROM: Bill Hodgins RE: Case 82-002: Subdivision, Director of Community Development , Zoning Officer Lot 3, Block 1, Kadiak Alaska First Addition. In regards to the Planning and Zoning Commission's request for an update concerning the fence construction on the above referenced property, please be advised that the fencing material will arrive in Kodiak this August via the F/V Alaska Trojan and will be erected along the Rezanof Dffve side of the property soon there after. Please see the attached communications between the Community Development Department and Mr. and Mrs. Alwert. Wil am R Hodgins Zoning Officer Community Development Department CC: Case 82-002 jmj Kodiak Island Borough Kodiak, Alaska RCEIVED APR 1 9 1983 KODIAK ISL ND BOROUGH May 27, 1982 Bill and Jean Alwert Box 1711 Kodiak, Alaska 99615 Dear Bill and Jean, Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 Please be advised that the Planning and Zoning Commission, at its May 26, 1982 work session, approved your site plan for Lot 3, Block 1, Kadiak Alaska Subdivision. If you have any questions do not hesitate to contact us at 486-5736. Sincerely, William A. Walton Community Development Department Director CC: Bryce Gordon Ted Painter WAW/jmj KODIAK ISLAND BOROUGH January 22, 1982 Bill and Jean Alwert Box 1711 Kodiak, Alaska 99615 Dear Bill and Jean, Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 Please be advised that the Kodiak Island Borough Planning and Zoning Commission, at its January 20, 1982 meeting, approved an exception from Section 17.51.020 of Borough Code to permit the construction of an accessory building, prior to the con- struction of a main building on lot 3, block 1, Kadiak Alaska Subdivision, First Addition, with the following conditions: 1. A site plan be prepared for the Commission's review which shows the location of the accessory building, proposed apartment in the accessory building, fence, outdoor storage area, and points of access to the property and be approved prior to the issuance of a building permit; 2. The security fence include screening material on the Rezanoff Drive side of the property; and 3. Water and sewer connections be placed in the concrete floor of the accessory building to provide for future residential use when water and sewer service becomes available and the residential use be installed in the accessory building or else- where on the property within two (2) years of the availability of public water and sewer service. Should you have any questions on this matter please do not hesitate to contact us at 486-5736. Sincerely, William A. Walton Community Development Department Director CC: Ted Painter Bryce Gordon • •= ;:*� ' ' ^~°^~ '� KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 20, 1982, regular meeting Page 2 y. PUBLIC HEARING ON CASE 82-002. An exception from Section 17.51.020 to permit the construction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) STAFF REPORT: Mc Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval of the exception. Mr` Briggs do we have the height of the building? Mrs. Crowe the code states that we need to take action on this within 40 days, does that begin from today? Mr. Walton yes, it begins at the public hearing date. Discussion between the Commission members on the building height. Mr. Ball under condition #1 we are recommending that they would have to give us a complete plan of what they planned on doing and we would have to approve it before a building permit could be issued. Is this correct? Mr. Walton yes, that is correct. Mr. Hill would like to see this tabled for 30 days. Mr. Ball I woulci be willing to table this but the Alvert's may wish to have the public hearing. ' Mr. Briggs l would like to see this tabled. Mrs. Crowe do you think 30 days will be enough time to get the questions you have answered? - Mr. Briggs I'm not sure. Mrs. Strickert I would like to see 'it tabled. Mr. 8umaglia I would like to see it tabled, need to address the need for gear storage and possible rezoning of the land to industrial. Mr. Ball could we get this on the floor for the public hearing? Mr. Hill it has been discussed several times and we have not come up with anything yet. Mr. Briggs have adjacent property owners been notified? Mrs. Crowe yes, there were 10 notices mailed. Mr. Briggs any responses? Mr. Walton none. Mrs. Crowe return the application to the applicant as there is nothing different from the original application. Let Buccaneer Enterprises show how they will make their building compatible with R-3 zoning. Mr. Ball you have advertised for a public hearing and there are people here to be heard. Mrs. Crowe those in favor of tabling this? One for tabling and 5 for the public heorin Mrs. Crowe closed the regular meeting and opened the public hearing. Bill 0wert owner of Buccaneer Enterprises, petitioner for the exception. Showed and explained a site plan. Mrs. Crowe at one time we discussed the possibility of putting apartments above the storage building. Mr. Alwert when we pour the cement slab we will install the plumbing connections for or apartment. Mrs. Crowe one of the other concerns is putting a warehouse in a high density resident ial area and that the appearance of the building would not be compatible to the residences in the area. KODIAK ISLAND BOROUGH,PLANNING AND ZONING COMMISSION MINUTES January 20, 1982, regular meeting Page 1 (Verbatim tape recording available upon request from the Planning Department) CALL TO ORDER AND ROLL CALL - the meeting was called to order at 7:40 p.m. COMMISSIONER'S PRESENT COMMISSIONER ABSENT Virginia Crowe Ron Ball Pat Briggs Jim Ramaglia Tim Hill JoAnn Strickert Quorum was established. 1. MINUTES - December 16, 1981 Case Z -81 -027. Jerry Gudenau ALSO PRESENT Will Walton, Planning Director Joanne Jones, Planning Secretary Phil Shealy, Borough Manager - Passed by unanimous voice vote with corrections for 2. APPEARANCE REQUESTS - City Market Site Plan. Mr. Lee Filmore - would like to make it clear that Dr. Eufemio has nothing to do with this request. We would like to add 16' to the rear of City Market for storage purposes only. The retai,ning wall is up and the parking lot will be paved in June, 1982. Mr. Ball - you are required to have 52 parking places and they need to be shown on the site plan. Mr. Filmore - we will show you the 52 parking spaces on the site plan. Discussion between the Commission members and Mr. Filmore on the area of the parking lot to be paved. Mr. Ball - would you go along with a time stipulation on the paving of the parking lot and if the time stipulation was not met then the storage area would be closed? Mr. Filmore - that is agreeable. Mrs. Strickert - are we going to tie in a date for the paving of the parking lot? Mrs. Crowe - yes, we could do that. Mr. Ball would you be able to do all of the paving in a years time? Mr. Filmore - we would be able to have all of the parking lot paved within one year from June 1982. Mrs. Crowe will there be a gravel surface on all of the parking lot on or about June 1, 1982? Mr. Filmore - that is correct, and all of the junk cars and trailers will be removed from the back parking area. Mrs. Crowe all of the stipulations that the Commission has stipulated should be met. Mr. Ball do you understand the stipulations? Mr. Filmore yes, parking area must all be paved by June of 1983. Discussion between the Commission members and Mr. Filmore on all the stipulations set - forth by the Commission. Mr. Ball moved to grant City Market their building permit with the original six (6) conditions to be met by September 1982, except for parking. Under parking, pave the front part of the parking lot, which will be designated by the Planner, and the rear part of the parking lot will be graveled at the same time the front is graveled. The front lot will be paved in June of 1982 and the rear parking lot will be paved by June of 1983; parking spaces should also be delineated. If these conditions are not met by September of 1982, excluding the parking, the warehouse will be closed. Also if the parking is not completed by the later part of June 1983 the warehouse will be closed. Seconded by Mr. Hill. Motion PASSED by unanimous roll call vote. • .�� KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 20, 1982, regular meeting Page 3 Mr. Alwert it was just a swamp to begin with. Mr. Ball have you seen the staff report addendum? Mr. Alwert no. Mr. Ball read the addendum. Mr. Komuglia my concern is that we do not allow a warehouse to be built that looks like a warehouse so that down the road people do not look at this as poor planning on our part. l would like to see something done to the building so that it does not look so much like a warehouse. We need to develop a place for gear storage areas as we are a fishing community. Mr. Alwert alot of the gear is going to be stored inside where you can not see it, right now we could store more gear there and make it look like a junk yard. The building will be 40' x 80'. Mr. Briggs how high is the building? Mr. Alwert we want to put a building with 20' eaves. 24' to ceiling peak. Mry. Crowe the activity that is carried on, on this lot is nonconforming and the Planning Department can go out and take pictures so that what you have on the lot now will be all that is permitted. By me coming off as being negative to this request it shows that l maybe against fishing, but I am not. � . Mr. Bull under condition #1 in the addendum, if this is approved tonight you would have to provide a plan showing where the residence will be in the storage building and that two (2) years after public water and sewer are installed a residence will be completed and you get approval from the Planning Commission for the building plans. Mr. Alwert that is fine. I'll have you a set of plans within two weeks. Mrs. Strickert I was going over the appeal minutes at the Assembly and a few names came up who were in favor of this and who also are storing gear on the lot. Is this permitted for other people to store their gear on this lot? Mr. Alwert did you read all of the minutes, as not one of those people is being charged Mr. Painter partner, Buccaneer Enterprises, ] have also been here a long time and have seen the town grow. We started last spring to try to do something with this lot and building and we are still trying to get an exception. There are variances all over this City and this isn't really any different then any of the other variances you have granted. It was my understanding at the first meeting the Commission had on this case that everything was okay on it. I do not see any problems with the proposed conditions you are looking at for this case. We have grandfather rights to put fishinc gear on this lot and l don't see where the building is going to look out of place. I do not understand why you would be requesting windows to be put in at this time as we would not be solving our vandalism problem. Mr. Dull do you agree with the #1 condition in the staff report addendum? Mr. Painter yes, but we should try and work together to get a set of plans that are agreeable with both of us. Mrs. Strickert for a window you could use something other than glass, such as pleh- y/oo. Mr. Hill no decisions are made at work sessions. Discussion between the Commission members and Mr. Painter on what occurs in a work session. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball called for a 5 minute recess at 8:35 p.m. Mrs. Crowe reconvened the meeting at 8:45 p.m. ' • 11=17:4,,��� ° .r • • ,'` - ��' ` �� • �- �� `- . • ' ' � `� • • • `� KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES January 20, 1982. regular meeting Page 4 Mr. Bull moved to grant a request for an exception from Section 17.51.020 of Borough Code to permit the construction of an accessory building before the construction of a _ • main building on lot 3, block 1, Kadiak Alaska Subdivision, First Addition with three stipulations: 1. a site plan be prepared for the Commission's review which shows the i . location of the proposed building, fences, outdoor storage area, proposed apartment in the accessory building and points of access to the property and be approved prior to the issuance of a building permit, 2. security fence include soreening material on the . Rezanoff Drive side of the property and 3. water and sewer connections be placed in the . / concrete floor of the accessory building to provide for future residential use when / water and sewer service becomes avaiable and the residential use be installed in the accessory building or elsewhere on the property within'two (2) years of the availabilit: of public water and sewer service. Seconded by`Mr, Briggs-. Motion PASSED with a 4-2 vote with Mrs. Crowe and Mr. Hill voting NO and Mr. Ramagliu, Mrs. Strickert, Mr. Bull • and nr, Briggs voting g_Yss. --' - — — _ • • 4. PUBLIC HEARING for a land lease on USS 1701 and USS 1738 on Shuyak Island. (Ernest and Joan Newland) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which explained the basic things to remember about the case such as: USS 1701 is under lease presently and USS 1738 need to be declared surplus and offered for a lease or public auction. Mrs. Crowe there. will be additional land that will come into the Borough's hands. Is this in the same location? Mr. Walton yes, it is. Mrs. Crowe closed the regular meeting and npened the public hearing. Ernest Newland would not mind this land going up for public auction. Mrs. Crowe are you working with any kind of a time frame? Mr. Newland not really. Discussion between Mr. Newland and the Commission members on the leasing procedures. Mrs. Crowe when do you think the other land will be turned over to the Borough? Mr. Walton May or June of this year. Mrs. Crowe the Borough could take action on the total land within two years. Mr. Halton you and the Assembly should start thinking about what you. are going to be wanting to do with approximately 56 thousand acres of land. Discussion on possibilities for the land coming into the Borough. Mrs. Crowe my concern is that maybe we are acting premature in leasing or recommending the sale of one part of this land when at a later date we can act on the whole thing. Personally I would like to turn this down and have it resubmitted when the other land comes into the Borough's hands. Mr. Briggs do we have the boundaries on this parcel? Mr. Walton it was subdivided in 1927 and is a filed U.S. Survey. Barb � hwitz what is the of the lease? r �r m e purpo�e o e Mrs. Crowe it would be able to be used within the boundaries of our current ordinance as if it was theirs. Barb Markahwitz would a person have to show they were going to use it for a specific type of development? If land is offered for lease the person should not be limited to specific things or money making trades. Who has the lease on USS 1701? Mr. Walton Borough received patent on the land on August 31, 1980. When we received the land from the State it was being leased by Ed Hendricks and Mike Escavara, the lease expires in May of 1984. Discussion between the Cbmmission members and Barb Markahwitz on leasing. fn . KODIAK ISLAND BOROUGH MEMORANDUM DATE: January 20, 1982 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Staff report addendum for January 20, 1982 RE: Case 82-002. Request for an exception from Section 17.51.020 to permit the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) Below are listed suggested conditions for Case 82-002: 1. A site plan be prepared for the Commission's review which shows the location of the proposed building, fence, outdoor storage area, and points of access to the property and be approved prior to the issuance of a building permit. 2. The security fence include screening material on the Rezanoff Drive side of the property. 3. Water and sewer connections be placed in the concrete floor Of the building to provide for future residential use when water and sewer service becomes available and the resid- ential use be installed in the warehouse or elsewhere on the property within two (2) years of the availability of public water and sewer service. KODIAK ISLAND BOROUGH MEMORANDUM DATE: January 11, 1982 TO: Planning and Zoning Commission FROM: Community Development Department AW SUBJ: Staff report for January 20, 1982 meeting RE: Case 82-002. A request for an exception from Section 17.51.020 to permit the construction of an accessory building before construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) Ten public hearing notices sent on January 4, 1982. REQUEST:' Buccaneer Enterprises has resubmitted their request for an exception from Section 17.51.020 to permit the construction of a gear storage shed on lot 3, block 1, Kadiak Alaska Subdivision, First Addition, at 3085 Rezanoff Drive. The Planning and Zoning Commission considered this request on October 21, 1981 as Case Z-81-026 and it was denied. Buccaneer Enterprises appealed the Commission's decision to the Borough Assembly. On December 3, 1981 voted 3 yes and 3 no to reverse the Commission's decision. The tie vote proceduraly left the request for an exception denied. PROPERTY: The property involved with this request is located at 3085 Rezanoff Drive and contains 1.08 acres. LAND USE: The existing land use on the property is the storage and maintenance of fishing gear. This use was established in February of 1979 and is a legal non-conforming use. The adopted comprehensive plan designates this lot for mobile home courts and the present zoning of the property is R-3 multiple family residential. The property on the other side of Rezanoff Drive from the property under consideration is zoned RR Rural Residential. The closest change to the comprehensive plan designates also Case 82-002 Page 2 January, 11, 19' occurs across Rezanoff Drive from the property under consideration. This designation is medium density residential. DISCUSSION Section 17.51.020 of Borough Code requires that "no accessory building shall be erected, constructed, or moved on any lot in any R district prior to the construction of a main dwelling..." Buccaneer Enterprises desires an exception from this code portion requiring the construction of a main building. In granting this exception Buccaneer Enterprises would be allowed to construct an accessory building on the property without having to concurrently construct a main building. The Planning and Zoning Commission when hearing an exception must determine that the public's health, safety and general welfare are not endangered by granting said exception. Also the applicant for an exception must state in writing why granting the exception will not endanger the public's health, safety and general welfare. The following statements were provided by Buccaneer Enterprises when the application for the exception was resubmitted: 1. That the public's health will not be endangered by the granting of this request because: APPLICANT'S RESPONSE: "The public's health hazards will be improved by inside storage and fencing. Metal building on concrete slab, cyclone fence." 2. That the public's safety will.not be endangered by the granting of this request because: APPLICANT'S RESPONSE: "It will be improved". 3. That the granting of the exception will not endanger the public's general welfare because: APPLICANT'S RESPONSE: "We will be improving in safety, the wise use of the land and the eye appeal of the area in general." THE APPLICANT FURTHER STATES: "We cannot build a home because of the swampy nature of the land. We would like to build a home but cannot until the sewer and water arrives." RECOMMENDATION Staff recommends approval of an exception from Section 17.51.020 of the Borough Code to allow the construction of an accessory building prior to the main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition, based on the following findings: Case 82-002 Page 3 January 11, 1982 1. The public health, safety and welfare will not be,en- dangered; 2. The existing use of the property will not change; 3. The construction of the accessory building for the express purpose of gear storage will improve the public's health, safety and welfare; and 4. Buccaneer Enterprises has attempted in the past to obtain sanitary approval from the State of Alaska to install a septic system on this property and this approval was denied on the basis of a poor percolation test. This in affect leaves the property un-developable until sewer and water service is available. The Commission may want to consider attaching conditions to an approval of this exception, such as: 1. Water and sewer connections be placed in the concrete floor of the building to provide for a residential use when water and sewer service becomes available; and 2. A site plan be prepared for the Commission's review which shows the location of the proposed building and fence on the property. • Re11105/81 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR EXCEPTION APPLICANT Oc-cRNE-/2 F/117752r121.51:-.S ADDRESS ' /7/( 1-)p/iciy< PHONE NUMBER 4F4 -537/ LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT -3 BLOCK / HEARING DATE ■73-oilk4Alt 1-0,,cc--)-D_ :_... 0 DISPOSITION DO NOT WRITE IN THIS SPACE DATE RECEIVED i jLj )Fs'l RECEIPT NO. JU k CASE NO. e' cop-- SUBDIVISION 4-D/p/c /0D/770/7/ PRESENT/FUTURE USE OF PROPERTY G/9 StO/F7Cr5 A SITE PLAN IS REQUIRED. THIS IS A REQUEST FOR AN EXCEPTION FROM SECTION /7' 37, 0,20 OF THE ZONING ORDINANCES. A. THE EXISTING SITUATION APPROVED DENIED CONDITIONS (SEE MINUTES) DATE OF APPEAL HEARING DATE APPROVED DENIED ".. CONDITIONS LETTER SENT PERMIT ISSUED (SEE MINUTES) „ ZL—fed-ef B. GRATING 0 THIS REQUEST WOULD PERMIT: CIA/ Alfi ge-) Revised 5/81 The application shall contain a statement showing that the granting of the :exception will not endanger the public's health, safety or general welfare. The applicant states: That the public's health will not be endangered by the granting of this request-because: 2. The the public's safety will not be endangered by the granting of this request because: . That:the granting of the exception will not endanger the public's general welfare because: Applicant further states that: (Use back of shee- or additional informat.on) Sigture of Authorized Agent 12— 4 .7—/ Date gna ure of Land Owner / — Date KIB ASSEMBLY MEETIi1G - Dec. 3, 1981 Page 3 Robinne Bartel:1'm the one who made a lot of the phone calls to the eople whose letters you have in your file. Their responses were all pos tive. The way 1 am looking at it is that it gives us a chance to buy p .perty in Kodiak. We have been here since the middle of the summer and =.tensively looked for something to buy. We finally found something we suld afford and the back parcel is a potential perhaps for another private esident. Which I think Kodiak could use. Motion carried 4 -2 with Mr. Anderson and Mr. Wakefiel castin the NO votes. Mr. Peotter: I concur with the Planning and Zonin Commission in that it creates an unconforming use in the setbacks as quired by the code for Lot 4A -1. They would De in violation of the .de. Mr. Murray: I concur with Mr. Peotter. I 'eel that what we would be doing is creating the same problems that we'v• addressed in the past and that is that we, by allowing subdivisions to through without adherence to the code, set up different sets of standards f.r people. We indicate to new subdividers that they have to meet certain re..irements in order to subdivide. I think the same thing exists here. Mr. Arndt: 1 concur with the Tanning and Zoning Commission. 1 also have some other problems with i» similar to Mr. Murray's. A lot of it being the access. If any other d eloper comes in here dedicated access has to be provided. When snmeo /goes to build on it there are Setbacks that have to be adhered to or varrrances have to be obtained. I just can't go along with this Mr. White: I vg fed to uphold Planning and Zoning because it would create a nonconformin. /use of the proposed lot 4A -2 and it would also be noncon- forming se .ack for rear lot 4A -1. ak requi • d Voted in favor of Appealant• therefore, statement is not Mr. Anaerson: Voted in favor of Appealant; therefore, statemen is not William & Jean Alwert on Lot 3, Block 1, Kadiak Alaska, First Addition Tim Hill: (P & Z Rep.) The main reason for the Commission's decision is that it is creating a nonconforming use by lacing an accessory building on R -3 land without a main dwelling. Appellant:(I•lr. Alwert) I am half owner of the Buccaneer Enterprises. I want to put a storage building for my gear that I have stored there, at my house and at the cannery that I fish for. I have lost a lot of gear out there already because I don't have any way of locking it up. I have a contract for a building that we are proposing to build on there. In the last three years alone, I probably lost $20,000 worth of gear out there because I can't lock it up. We tried to get a building permit on that property when we first bought it to build a house. We were turned down because it wouldn't pass the perk test for a septic tank because it is a pond there and we have filled it. Now if we can't put a building up to put our gear inside, can't store it at the tannery, we could store it at our house here in town and it would be legal but I don't think my neighbors would like it. So I would appreciate it very much if we could get this passed. Gale Ilolfert: I am a teacher at Peterson Elementary and I am also a former employee of Mr. Alwert's partner. I would like to speak in favor of their appeal because 1 happen to be familiar with the location of the property and .I am also familiar with the problems they have encountered out there. 1 was a witness to the damage that was done tc the gear which was damaged by some - one tunneling through all the crab pots with a pocket knife. This is a fishing community and an awful lot of revenue's derived from the fishing industr;. I think the support of the tishinc, industry is pretty important. I also recognize the importance of proper planning and zoning. Dave Pistorese: I am a fisherman and former employee of Buccaneer Enterprises. I agree with everything that Gale and Bill said. I think it is in the interest of all concerned to pass this adjustment. 1 think by doing this you will allow the fishing gear that is presently stored in a populated residential area to be moved and stored in appropriate structure outside of town..I believe this is good for both the residents and the Borough. • , • • `, • •- • •.■ _ • - • • KIB ASSEMBLY MEET NG - Dec. 3, 1981 Page 4 Skip Bolton: 1 have lived here for sixteen years and 1 am also a fisherman. I would like to say that I am in favor of Mr. Aiwert's proposal here because for one reason 1 store my near out there too. 1 would also like to say that as long as I have lived here and been a fisherman 1 feel that 1 somehow nave been alienated from this comnunity at times, just because 1 am a fisherman. It seems like there is a certain element in this town that if you're fisherman it's fine, we'll take your taxes and we'll take your money. I think some special consideration should be given for this project. Stuart Ferris: 1 am a fisherman and 1 live in town. I am in favor of Bill's project because I have the same thing Skip does, 1 store some of my gear there. Paul Duffy: I am in favor of Bill's project. Lorna Arndt: As you know this size warehouse is bigger than the warehouse 1 lost and I'm not allowed to put up another one, even a smaller size on business zoned land. All 1 was using mine for was to store personal belongings of mine and my kids which we don't have room for anywhere else. I'm not interested in renting anything out, I just want somewhere to store my own belongings. In our code, I think it reads, that even in R-3 if you put up an accessory building on your land it must be for your own private use and not for others. Another thing is, our service district is being formed and sewer and water lines are going right down that way. If we have to wait in our service district, why can't this wait until a dwelling is put up there. I think before you do anything else. I think the Borough Assembly needs to define the size of accessory buildings that will be allowed on R-1, R-2 and R-3 land. Also, you should determine what size building is considered a warehouse and would go on industrial land. I think if you've got codes and statutes we need to follow them. Paul Duffy: (rebuttal) Everything is not zoned exactly the way it probably should be and in this case it is zoned R-3 but he cannot build a house on it because of the perk test. The property is real thick with fill because it is _all swamp. -So there are circumstances such as this one that I feel you should take a little thought in. Mr. Alwert:(rebuttal) I have never charged for storage. Mr. Wakefield moved to reverse the decision of Planning and Zoning Commission and grant the exception requested by Buccaneer Enterprises. Seconded by Mr. Anderson. Motion failed 3-3 with Mr. Anderson, Mr. Murray and Mr. Wakefield y casting the YES votes. Mr. Peotter: 1 feel that the ordinances and the legal nonconformity that is in existance now would be perpetuated by granting this appeal. It is zoned R-3 and there is a reason for zoning R-3. It was difficult for me to make that decision, but I do feel that we have to begin to uphold our ordinances. Mr. Arndt: I agree with Mr. Peotter, it is a very difficult decision. I feel that we do have the ordinances and it comes down to the feeling that if we are going to have them we need to adhere to them; if not get rid of them or.change them. I concur with Planning and Zoning reasons for denial. Mr. White: I believe we should uphold Planning and Zonings decision because it is nonforming use of R-3 property. I think we need to get some rezoning and perhaps this will add some strength to the necessity of getting a warehouse ordinance in this area so we can allow this. Pot storage is a problem all over town. Mayor Herrnsteen closed the Board of Adjustment. E-A14.144GS A. Ord, No. 81-53-0 Providing For The Composition, Representation And A tionment Of The Kodiak Island Borough Assembly. Mr. Peotter neto adopt Ordinance No. 81-53-0. Seconded by 11r. Anderson. Regular Session clos Public Hearing opened: li OMMENTS. Public Hearing, closed: Regular Session opened: Motion carried by unanimous voice vote. KODIAK ISLAND BOROUGH PLANNING / ]NlNG COMMISSION MINUTES October 21, 1981, regular meetihg Page 1 (Verbatim tape recording on file in the Community Development Depart ent) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:30 p.m. COMMISSIONER'S PRESENT ALSO PRESENT Virginia Crowe Ron Ball Pat Briggs (arrived at 7:35 p.m.) Jerry Gudenau JoAnn Strickert (arrived at 7:45 p. Jim Ramaglia Tim Hill Quorum was established, Will Walton, Director of Community Uevel. Bill Hodgins, Zoning Officer -'�'' 1. MINUTES - August 19; 1981` Jerry Gudenau on my unexcused absence, it was due to an injury. Mrs. Crowe what is the wish of the Commission? To excuse? Please let the minutes reflect that correction. Minutes stand approved as read. 2. APPEARANCE REQUESTS AND AUDIENCE COMMENTS. 1. Bryce Gordon - requesting an extension on a variance on lot 2, block 2, Leite Addition, USS 1681, Mr. Hill moved to grant a six (6) month extension on a rear yard variance on lot 2, block 2, Leite Addition. Seconded by Mr. Gudenau. Motion PASSED by unanimous roll call vote. PUBLIC HEARING ON CASE Z-81-026. An exception from section 17.51.020 to permit the construction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval of the request. Mrs. Crowe - closed the regular meeting and opened the public hearing. Lorna Arndt - l have business land, why can't I build a gear storage building? Against granting an exception. Mr. Briggs - why can't you build a warehouse? Lorna Arndt - because when my other one burned down l lost my grandfather rights. Mrs. Crowe - you are allowed only a mini-wmrehuuse6n business zoned land. Mrs. Crowe - closed the public hearing and reopened the regular meeting. Mr. Ramaglia - how many notices were sent out? Mr. Walton - 10. they were sent out twice, as we missed lasts months meeting due to illness. Mr. Briggs - is this for personal use or for leasing space? Mrs. Crowe personal use. Discussion on the possiblity of a condition stipulating that a main dwelling must be constructed within two years after water and sewer are available. Mrs. Crowe feels it is not in harmony with the Comprehensive plan. Mr. Ramaglia - l have problems with putting a warehouse in an R-3 zone. Discussion on the possibility of setting a precedent by allowing the construction of an accessory building without the construction of a main dwelling. '�� ��-,� `. ' ''~_ • • '-_` N0lAx ISLAND BOROUGH PLANNING A /NING COMMISSION MINUTES /- `. October 21, 1981, regular meetin Page 2 Mr. Ball moved to grant an exception from Section 17.51. t the con- struction of an accessory building before the construction of a main building on lot o, block 1, Kadiak Alaska Subdivision, First Addition. Seconded by Mr. Hill. Motion FAILED by unanimous roll call vote. Reasons for denial: 1. Crab pot storage and accessory building in R-3 zoned land is not in harmony with the elements and objectives of the Comprehensive Plan. 2. It would be detrimental to the value of the surrounding property owners land. 3. Chapter 17.36.0I0 states "nor shall anything be done that would influence the logevity of prepetuation of such non-conforming use...furthemmre, that no non- conforming use occupying any land shall be enlarged or extended into any other portion of such land. 1E4 (.4 5 . ' '�~^ —' - - • • • 4. PUBLIC HEARING ON CASE LL-81'002. A request for lease of Borough owned land on Section 2, portion of KIB 12, material site along Russian Creek Alaska Subdivision. (Gary A. Johnson). rr+ --====.-- .. � STAFF REPORT: Mr. Walton presented the staff report and addendum as prepared by the ^` Community Development Department. 17 notices were sent. 1 was returned in favor r4=i7r and 2 were against the lease. Also received a petition against the lease. Mr. Hill we should take all of these lease requests at once. Mrs. Crowe the only problem would be with #6 as it is set aside for State Gravel extraction for the Alaska Highway Department. Mr. Hill let's do #4 and #5 together and take #6 separately. Mr. Ball what's the deal with the Blair's house? Mr. Walton the house is apparently in a long standing easement request to extend Gara Drive for Mr. King to be able to obtain access to his land in the future.': The Assembly did gmmt�the request for an easement. We are having trouble deter- miuing exactly where it goes in relation to what is on the property. It lookS like the house the Blair's occupy is either in the middle of the road or in the road right-of-way. Blair's house may have to be moved. Mrs. Crowe the land is Borough land correct? Mr. Walton yes. Mrs-. Crowe are steps being taken to move the house? Mr. Walton yes. Mr. Ball if we recommend sale, what happens to the easement? Mr. Walton it would have to be recognized on the plat. Discussion on the easement for Mr. King. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Walton pointed out the three lease areas being considered on the map for the audience. .,:.■•"'"";"..'"?.."'' ,,*--"4":"?..."-747:L.5?1:,..re.7-7.'-'''''.m.f 4,,..‘, ......A. -- John Bealy Woman's Bay Community. Would like to show greenbelt area of the proposed 4144. plan. Opposed to any leasing until the plan is adopted. Cy Hoen same feelings as Mr. Bealy. Fish and Game is interested in doing some fisheries out there. Against leasing. Mrs. Crowe explained that lot 1, block 5, was taken off the public sale with the intention that it might be used for public land in the Bells Flats area. Bill Williams Chairman of Woman's Bay Community. Opposed. Would rather see it sold than leased. Ricki. Bayne opposed. Case Z-81-026. Stored crab pots on lot 3, block 1, Kadiak Alaska Subdivision First Addition. Photograph taken from Rezanoff Drive. Case Z-81-026. More crab pots and boom truck located on lot 3. This is the northwest portion of the property. Case Z-81-026, Crab gear stored on lot 3, looking toward the northeast portion of the property. Case Z-81-026. Northeastern most portion of lot 3. Note density of trees at the end of the property. • BUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK APPLICATION FOR BUILDING PERMIT AND CERTIFICATE Applicant to fill in between heavy lines. OF OCCUPANCY BUILDING ADDRESS ge•P8s Rq LOCALITY CLASS OF WORK NEW DEMOLISH N EST CROSSknevz 0,We, cc lJ 0 NAME 4€/ ALTERATION ADDITION USE OF BUILDING R EPA I R MOVE BUILDING PERMIT NO. o DATE ISSUED SIZE OF BUILDING HEIGHT MAIL • • • ks/7/1' NO, OF ROOMS NO, OF FLOORS CITYKee.heik TEL. NO. NO, OF BUILDINGS VALUATION BLDG. FEE PLAN CHK. FEE TOTAL u W 1- ILI Z U 0 NAME NO, OF BUILDINGS NOW ON LOT BUILDING PLUMBING ELECTRIC AD6:4736 CITY Cb-VL1-tIL S 01,2,..eS733O STATE LICENSE NO, NO. OF FAMILIES SIZE OF LOT e Cteste.4—• FOUNDATION ROUGH ROUGH FRAME - SEPTIC TANK FINISH USE OF BLDG. NOW ON LOT PLASTER SEWER SPECIFICATIONS FLUES GAS FIXTURES MOTORS FOUNDATION FINAL FINISH rottd,,beo FINAL 0 1- 0 NAME MATERIAL EXTERIOR, PIERS WIDTH OF TOP ADDRESS WIDTH OF BOTTOM CITY DEPTH IN GROUND R.W. PLATE (SILL) STATE LICENSE NO, SIZE SPA.,, SPAN DESCRIPTION SUBDIVISION KNYNk 4/. A'4'. GIRDERS JOIST 1st. FL. JOIST 2nd. FL. LOT NO. B K. JOIST. CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE Type of Construction 1, III, IV, \/, VI 2. Occupancy Group A, B, C, D, E, F, G, H, 1, 2, 3, 4, `711 3. Fire Zone 1 2 3 4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS ROOF INTERIOR WALLS REROOFING FLUES FIREPLACE FL. FURNACE KITCHEN WATER HEATER FURNACE GAS OIL hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating building construction. Applicant /pr-,,- E Sitte4n/ J e- ,yrk, tf icz Pa 4 4-re-et xi ,044- hi 3N11 A1213dO21d A PLOT PLAN 3N11 AiZ13dO2:id STREET PLANNING & ZONING INFO. ZONING DISTRICT -" TYPE OF OCCUPANCY addil•440‘.. arGe... • de • NUMBER OF STORIES .— HT. 540 MaX AREA OF LOT feeff a•tot.2•4■•••• FRONT YARD SETBACK FROM PROP. LINE A75.1.A.11,4•4/%241. SIDE YARD SETBACK FROM PROP. LINE AT/ REAR YARD d?5` Approved: CHIEF BUILDING OFFICAL __ Approved: ZONING ADMINISTRATOR By: By i///: 4 . Wae&-ki, ,471my f.2_ (Ex IsTlw6) KODIAK ISLAND BOROU- Box 1246 Kodiak, Alaska 99615 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from BUCCANEER ENTERPRISES requesting an exception from Section 17.51.020 to permit the construction of an accessory building before construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 P.M., Wednesday, January 20, 1982 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above - referenced lots, or an owner of property within 300 feet of the above- referenced property. 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 -5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments ) L2-3— ; 3 • ( 9 se- / Le E" US-3 (.)1c1 eci foy I-1 g 7 c.( 3 0 R 75 1 ()Coo 40 020 00 C?00 . ** PRINT KEY FROM-%i BY USER-ANN 09/i0/81 08.i0^05 ** • *******************************************V******************************* PROPERTY TAX INQUIRY 'HILT PARCEL NUMBER: R7515010030 ZONE: USE: A. LEGAL DE%CRlPT1ON: KADIAK AK SUBD. 1ST LOT 3 BLK ALWERT'WM & JEAN P.O. BOX - OWNER 2: ADDR 2: il/ KODIAK STATE: AK ZIP CODE: 99615 � - �� APD AL VALUE: 000008858 IMPROVEMENTS: _ OOOOOOOOO TOTAL VALUE: 000008858 %%E%% CHG DATE:- 010181 BLDG %Q FOOT: 000000000 LAND (FT) (AR): H LAND AREA: 000000344 000 YEAR BUILT': 0000 LENGTH: <CMD 7 TO END> N -U•. 0 P o , • A i l r s. C d r 1 d ea `Li/-i-+"hyj ■ .. .. 2�Gr%LT` 8 9 09 i, ll a hit A'f( Tf �`} t V'j f id ..-'1.......-..•:',..' 1 :-NK FA Ys k �' - ' atM•" >La } $� , S ,'3 t Y � � - --ems 1.'1•.,...11 . 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( '° o/ � 1 S q 01 2O 1 2 i / J A fy,�t e�2 .l A ti 0 0 . 0 0 ,e , ti M'0•.(MY� 1t+fY7`4 7M1 cps.? 0T S '' 7 C ' ,' Z 7 Y1 D` C P. 4 6 6' O 9 pp t3' ' yp _@y .S• .•h. @S771+ v'R :�s.a'3 L:e`FiC ,S''..d,•' ki:J�.:xS'tc TRACT C R/W DETAIL P.T. 131.63.76 Lt. 8cM 33164 t sltla S 35'2 U. S. S. 321 8 M K3 C4 11075 t952 r- 12±_2Q1 99.5! L7. ROT 1• PO.T. W..16.59 NIOG °t2 *00"W N 00 °0351" R/ 500 °51'34 "E 9:.3: LT. 0°04.05-E 693.65•'x• ty. 91�C�.OS 245.79' 0 ....- 1 ... ... �. '1- _'..".rte O, ) I , N 00`12'06 "W o 3./4/. /9' SLOP£ L /M /J" ^1 t °55.69 _____---Jyf -.-...---- -.._ R/W o, 1.092 [}LOCK m J LOT 3 FIRST ADDITION ' E.36.41' o- 0 LOT 4 3E8.63' USS 1682 KADIAK ALASKA SUBDIVIS).N (SUBDIVISION OF U. S S. 3512) / \N I 4.4.74 12673 104273 Changed Owners 01 PcI . 3 8 4 6.7.73 0471 Changed Cony RI. 9 Changed Orne, Pal.9 JC JC Added Acreage For Remainder Pcl.9 4101S1049 JC JC STATE OF ALASKA DEPARTMENT OF HIGHWAYS RIGHT OF WAY MAP ALASKA PROJECT NO. QS- 0389(4) B -40222 KODIAK - MILL BAY ROAD RAC I °', MAY 73 s_._t 1.° 130' ...Ter 4 or 6 9 '5' AND RE SOURCES, INC. 2.875 Ac± 141.44840+ RAY MARTIN 1.238 Ac« 2.483Ac 4 7 WILLIS 0. P, DOROTHEA M. BENSON 2.367 Acs 1 1.074 /.c 6 DOROTHY BENT 2.274 At x 1 1.319 .'.c = 5 KODIAK ISLAND BOROUGH .864 Ac± 1 3.'81 :c+ •c KATHRYN WRIGHT .581 AC. . 1.236 Acs CITY OF KODIAK 1.439 Ac! 1 .721 Ac. PARCEL. NO 0W NER TA 1 E I RENAIN 4.4.74 12673 104273 Changed Owners 01 PcI . 3 8 4 6.7.73 0471 Changed Cony RI. 9 Changed Orne, Pal.9 JC JC Added Acreage For Remainder Pcl.9 4101S1049 JC JC STATE OF ALASKA DEPARTMENT OF HIGHWAYS RIGHT OF WAY MAP ALASKA PROJECT NO. QS- 0389(4) B -40222 KODIAK - MILL BAY ROAD RAC I °', MAY 73 s_._t 1.° 130' ...Ter 4 or 6 N OF 092 — 'FR ENOSA - 3 8 5 00' 1269 00 _ t° DRIVE iii,.......,... ,_. ..., / 5 00 . ' " - . • - ch / s'., / t., :Rd L 2 L 3- I i •-•Pprenos0 u:1, : ..,...r.. : , . ..,.._,.,,y„...;.;,,.. -,, - --..-.. i . sc - - , . • /II • /44 ...,(..1..... f312 81.2 ......'.. ••-•—• .- . . - ......._ .... ,.. . . . .. ea ,•cb C Ei ...Y-- 0 -. c,-, • \ . , ..1.4, .... ' .›. KSFA '` ' •J ■ * 4.t_•• (0 / „ 4-':. oi/ . Q _ - 44 itt ta '1,1107. • < 0 ' • Caoter 17.51 ACCESSORY BUILDINGS Sections: 17.51.010 Height. 17.51.020 Construction prior to main buildin 17.51.010 Height. No accessory building shall exceed one story or fourteen feet in height, except agricultural buildings which shall not exceed fifty feet in height. (Prior code Ch. 5 subch. 2 §10G(1)). 17.51.020 Construction prior to main building. No accessory building shall be erected, constructed, or moved on any lot in any R district prior to the construction of the main building, except that this shall not be construed to prohibit the construction of an accessory building prior to the construction of a main building when a building permit has been issued for the concurrent construction of such buildings, or for an accessory building incidental to the use of the land. (Prior code Ch. 5 subch. 2 510G(2)). 17.66.030 Ex,-eofilflh- A. The annr-- c=1Lssion shall cause an investItif.in by own Li.ehars, or by its autherine,fi representative, to et...er- min that. such uses will not bc injurious to public hel'_1h, selety or welfare or ctrimen:al to other properties or in the vicinity. 17.66.040 Exceptions—Granting or denial. Within forty days after the receipt of an applicaLion, the planning commission shall'render its decision. If it is the opinion of the commission, after consideration of the report of such investigation, that the use as proposed in the appli- cation, or under appropriate restrictions or conditions, will not endanger the public health, safety or general welfare, or be inconsistent with the general purposes and intent of this title, the commission shall approve the application with or without conditions. If the proposed use will tend, in the opinion of the commission, to en- danger in any way the public health, safety or general welfare or produce results inconsistent with the general purposes and intent of this title) the commission shall den': the application. (Prior code Ch. 5 subch. 2 §21A (1) (c)). 17.66.190 Appeal—Report. A report concerning each case appealed to the board of adjustment shall be prepared by the planning commission and filed with the clerk. Such report shall state the decision and recommendations of the commission together with the reasons for each decision and recommendation. All data pertaining to the case shall accompany the report. (Prior code Ch. 5 subch. 2 521D(2)). (Lick 44J-.et.oLL scr-- LINA- , 61k «J fs k" Ez4 Ala F ■•■■■,.• (ExIsTiiv&) ENTRA NcE x T 72. /9/ IKIN& CRAB P oT STORAG-E 5-3 to, I'll K NG° CR 48 POT STO RA G- As\N\ JTYE Frh/C souNr) P eyip Egrc INIM1 VIM J6 /V �{g ssi r 2EX34 PR#NTEO ON NO, 1000H -8 CLEARPRINT PAGE -OED' c V LL. 5itAgfroE. ()UT { et - OOfi 1234 blv3° ISM �. /,'/Z -Prtr* (0 •