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KADIAK AK 1ST BK 1 LT 3A - Exception (3)• ) f if: X. * ;? * * •:;e: * *,* ••*. tlf r y j 7,1„. 4/: •h • • • _ . • N 1- KEY 17 .1-.! • - 'BY - 5. 52 39 • • TER, C KBE Z 0 - - - STATU - - L.. SC RI P-T N K I) 1 T „ 1 t : : 1l K. :P.- Ff. dr-T14 '"'R0 Y.f.385• 0 J. 0 I, 8 1 1)8 E 0 E.3 : - , 000000000 - -17 T ) f") ) _ , KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECKLIST Case File No. Assigned Date Application Received k \c\ Type of Application I 60 Date Site Plan Received Date Fee Paid z-,0,4y,131)) Amount c90-OD 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 Ulso=i< Person Accepting Appl. 'T.AcAcy'ryN,s Name of Applicant vc\szs Mailing Address &),,c (711 Name of Legal Owner \J...\\.\\0,-Nr-c■ Mai 1 i ng Address 1 \ Legal description of Property: Lot (4 3 Block 1 Phone <13 () - 56" // Phone <-4(4) ) Subdivision \c- Square Footage or Acreage of Property is ot)cx,)()L›:LO P & Z Public Hearing Date \\Pi` 0/0000) Public Notices Mailed on &r How Many? , ID Applicant Notified of P & Z Action on Ag, /V/ Date Date Action Summary Approved Denied P & Z dr Assembly Ordinance No. Date Tabled Date 1st Reading Date 2nd Reading Ordinance Effective Date 6.81 -Zzry 7 g 9, co Laod 1.0 19tok.p' KODIAK ISLAND BOROUGH MEMORANDUM DATE: December 17, 1984 TO: \o/ The File FROM:1,N. Mike Steele, Assistant Planner/Zoning Officer, CDD SUBJ: Case 82-002 On December 17, 1984 1 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. 1 explained to Mrs. Alwert that the construction of the fence was a condition of the permit and, therefore, 1 must have a construction schedule. Mrs. Alwert agreed to submit a construction schedule in writing to this office within one week. KODIAK ISLAND BOROUGH December 10, 1981 Mr. and Mrs. William Alwert Box 1711 Kodiak, Alaska 99615 Dear Bill and Jean, Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 Please accept this letter as official notification of the Borough Assembly's action on your appeal request at its December 3, 1981 meeting. The Assembly, sitting as the Board of Adjustment, considered your appeal of the Planning Commission's October 21, 1981 decision denying your request for an exception to Section 17.51.020 of Borough Code. Following the public hearing on your appeal, a motion was made to reverse the Planning Commission's decision. That motion failed on a tie vote. The end result is that the Planning Commission's denial remains in effect. The Board of Adjustments reasons for its no votes are contained in the enclosed excerpt of meeting minutes and can be summarized as follows: 1. perpetuation of a nonconforming use; 2. adherence to existing ordinances; and 3. nonconforming use of R-3 property. Please let us know if you have any questions on this matter. Sincerely, William A. Walton Community Development Department Director CC: Case file Ted Painter KIB ASSEMBLY MEETING - Dec. 3, Page 3 Robinne Bartel:I'm the one who made. a lot of the phone calls to the people whose letters you have in your file. Their responses were all positive. The way I am looking at it is that it gives us a chance to buy property in Kodiak. We have been here since the middle of the summer and extensively looked for something to buy. We finally found something we could afford and. the back parcel is a potential perhaps -for another private resident.' Which I think Kodiak could use. Motion carried 4 -2 with Mr. Anderson and Mr. Wakefield casting the NO votes. Mr. Peotter: I concur with the Planning and Zoning Commission in that it creates an unconforming use in the setbacks as required by the code for Lot 4A -1. They would oe.in violation of the code. Mr. Murray:'I concur with Mr. Peotter. I feel that what we would be doing is creating the same problems that we've addressed in the past and•that is that we, by allowing subdivisions to go through without adherence to the code, set up different sets of standards for people. We indicate to new subdividers that they have to meet certain requirements in order to subdivide. I think the same thing exists here. • Mr. Arndt: I concur with the Planning and Zoning Commission. I.also have some other problems with it similar to Mr. Murray's. A lot of it being the access.. If any other developer comes in here dedicated access has to be provided. When someone goes to build on it there are setbacks that have to be adhered to or variances have to be obtained. I just can't go .along with this. Mr. White: I voted to uphold Planning and Zoning because it would create a nonconforming use of the proposed lot 4A -2 and it. would also be noncon -. forming setback for rear_lot 4A -1. . Mr. Wakefield:-Voted in favor of Appealant; therefore, statement is not required. Mr. Anderson: Voted in favor of Appealant; therefore, statement is not requi red. B. William & Jean Alwert on Lot 3, Block 1, Kadiak Alaska, First Addition Tim Hill: (P & Z Rep.) The main reason forthe Commission's decision is that it is creating a .nonconforming use by placing an accessory building on R -3 land without a main dwelling. Appellant:(hlr. Alwert) I am half owner of the Buccaneer Enterprises. I•nvant 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 cannery, 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 Holfert:' 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 I happen to be familiar, with the location of the property and I am also familiar with the problems they have encountered out there. I 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 derijed•from'.•the fishing industry. I think the.support of the fishing 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. I 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. ky f ri sF-ur- . KIB ASSEMELY MEETING - Dec. 3, 15" Page 4 Skip Bolton: I have lived here for sixteen years and I am also a-fisherman. I would like to say that I am in favor of Mr. Alwert's proposal here because for one reason I store my gear out there too. I would also like to say that as long as I have lived here and been a fisherman I feel that I somehow have been alienated from this community at times, just because I am a fisherman. It seems like there is a certain element in this town that if you're a 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: I am'a fisherman and I live in town. I am in favor of Bill's project because I have the same thing Skip does, I 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 I lost and I'm not allowed to put up another one, even a smaller size on business zoned land. All I 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 fal 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 casting the YES votes. Mr: Peotter: I 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.hot get rid of them orchange them. I concur'with Planning and Zoning reasons for denial. Mr. White: I believe we should uphold Planning and Zonings decision because it is nbnforming 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. VII PUBLIC HEARINGS A. Ord. No. 81 -53 -0 Providing For The Composition, Representation And Apportionment Of The Kodiak Island Borough Assembly. Mr. Peotter moved to adopt Ordinance No. 81 -53 -0. Seconded by Mr. Anderson. Regular Session closed: Public Hearing opened: NO COMMENTS. Public Hearing closed: Regular Session opened: Motion carried by unanimous voice vote. tgis KODIAK ISLAND BOROUGH M E M O R A N D U M DATE: November 30, 1981 TO: Mickie Miller, Borough Clerk FROM: Will Walton, Director of Community Development %(t( SUBJ: December 3, 1981 Board of Adjustment Hearing RE: Appeal of Buccaneer Enterprises of an October 21, 1981 Planning and Zoning Commission decision denying a request for an exception from Section 17.51.020 of Borough Code to permit the construction of an accessory building on lot 3, block 1, Kadiak Alaska First Addition. SUMMARY OF EVENTS 1. William and Jean Alwert submitted an application for an exception to Section 17.51.020 of Borough Code on July 27, 1981 with the required filing fee. 2. Public hearing notices were mailed to ten adjacent property owners on September 1, 1981 advising them of the Planning and Zoning Commission meeting scheduled for September 16th. 3. On September 4, 1981 the Community Development Department submitted a staff report for the Planning Commission's consideration which recommended approval of the request based on code required findings concerning public health, safety, and general welfare. 4. Required newspaper legal advertisement was published on September 9, 1981. 5. The Planning Commission's September 16,-1981 meeting was cancelled due to the lack of a quorum.. 6. Public hearing notices were mailed a second time on October. 7, 1981 advising ten adjacent property owners of the October 21, 1981 Planning Commission meeting. 7. Second newspaper advertisement appeared on October 14, 1981. 8. The Planning Commission, at its October 21, 1981, meeting denied the request for an exception. Summary of EvE, Buccaneer EntE jses Page 2 November 30, 1981 9. On October 22nd the Community Development Department notified Buccaneer Enterprises of the Commission's action. 10. On October 26th, Buccaneer Enterprises submitted a letter appealing the Commission's decision. REQUEST Bucanneer'Enterprises requested an exception to Section 17.51.020 of Borough Code to permit the construction of an accessory build- ing prior to the construction of a main building. A copy of that Code Section is attached. ZONING AND LAND USE The property involved is zoned R-3 Multiple Family Residential and contains 1.07 acres. R-3 zoning permits accessory buildings. The land involved is presently used for the open storage of fishing gear. The applicant's intention is to construct a one story accessory building to enclose the gear. EXCEPTIONS Section 17.66.030(A) states "The Planning Commission shall ... determine that such uses will not be injurious to public health, safety or welfare or detrimental to other properties or uses in the vicinity." (Copy attached) Section 17.66.040 Exceptions--- Granting or denial states If it is the opinion of the Commission ... that the use as proposed will not endanger the public health, safety or general welfare ... the Commission shall approve the application..." And "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... the Commission shall deny the application." (Copy attached). APPEALS Section 17.66.190 Appeal -- Report states "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." :(Copy attached) CC: Phil Shealy, Borough Manager William and Jean Alwert KODIAK ISLAND BOROUGH PLANNING '-TONING COMMISSION MINUTES 'October 21, 1981, regular meeti', Page 1 (Verbatim tape recording on file in the Community Development Department) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:30 p.m. COMMISSIONER'S PRESENT Virginia Crowe Ron Ball Pat Briggs (arrived at 7:35 p.m.) Jerry Gudenau JoAnn Strickert (arrived at 7:45 p.m.) Jim Ramaglia Tim Hill Quorum was established. ALSO PRESENT Will Walton, ' rector of Community Devel. Bill Hod •' , Zoning Officer h 1. MINUTES - August 19, 1981, y Gudenau - on my unexcused absence, it was due to an injury. Mrs. Crowe wh s the wish of the Commission? To excuse? Please let the minutes reflect t correction. Minutes stand approved as read. 2. APPEARANCE REIU AND AUDIENCE COMMENTS. 1. Bryce don - requesting an extension on a variance on lot 2, block 2, Leite Add' on, USS 1681. r. 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. 3. 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 - I 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 I lost my grandfather rights. Mrs. Crowe - you are allowed only a mini - warehouse on 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 - I 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;' •• - • • • Fec- Rte_ „i,- --__ --_ -_- - — —__�_ KODIAK ISLAND BOROUGH PLANNING ""« 70NING COMMISSION MINUTES October 21` 198I, regulurmeett Page 2 Mr. Ball moved to grant an exception from Section 17.51.020 to permit the con- struction of an accessory building before the construction of a main building on lot J. 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 land is not in harmony with the elements and objectives of the Comprehensie4,1an. �-��,�,�=` 2. It would be detrimental to the value of the surround rty owners land. ��=�� • n1.. 3. Chapter 17.36.010 states "nor shall anything be done that Wo-14,d influence the logevity of prepetuation of such non-conforming use...furthermvre non- conforming use occupying any land shall be enlarged or extended into'any other portion of such land. ` _�, 4. PUBLIC HEARING ON CASE LL-8I-002. A request for lease Of Borough owned land On'-,a, Section 2, portion of KIB 12, material site "along Russian Creek Alaska Subdivisidi:.: (Gary'A. Johnson). STAFF REPORT: Mr. Walton presented the staff report and addendum as prepared by ��o�|��n�r��. un��w�sm�. 1��`nra� 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 Al Mr. Hill let's do #4 and #5 together and take #6 separately. fir. Ball what's the deal with the Blair's house? Mr. Walton the house is apparently in a long standing easement request to extend Garn Drive for Mr. King to be able to obtain access' to his land in the future.�� The Assembly did grant the request for an easement. We are 'having trouble deter- 'mioing exactly where it goes in relation to what is on the property. It looks like the house theBlair's occupy is either in the middle of the road or in the road. right-of-way. Olair'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 wnul&huve 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. • John uro, yWoman's uu— Community. Would like to show greenbelt area of ~.= proposed . — —. --� plan. Opposed to any leasing until the plan is adopted. — == -,��+e `'`' 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 - `- ' — -- intention that it might be used for public land in the Bells Flats rsc�� Bill Williams Chairman of Woman's Bay Community. Opmaed, Would Father see jtsvl than leased. / . � ~ `'�� . Ricki Bayne opposed. , � ISLAND BC—�OU(�H � P. 0. Box 7246 Kodiak, Alaska 99615 • From the • Bo Assembly Date: November-2o, 1981 THIS IS TO N '|FY YOU THAT A PUBLIC HEARING WILL BE HELD, REQUESTED BY WILLIAM E. -8; JEAN E. ALWERT : SAID REQUEST ." An Appeal concerning interpretation made by the Planning & Zoning Commission AS SPECIFICALLY DEFINED BELOW: REQUEST: An exception from Section 17'51'020 of the Borough Code concerning the construction of an accessory building on Lot 3,.Block 1, Kadiak AK Subd., First Addition. YOU ARE BEING ,NOTIFIED BECAUSE YOU ARE EITHER THE PROPERTY OWNER OF THE ABOVE REFERENCE[} LOTS, OR A PROPERTY OWNER .• LIVING WITHIN 300 FEET OF THE ABOVE MENTIONED LOT (S). YOU MAY VOICE YOUR OPINION AT THE TIME OF THE PUBLIC HEARING, OR A • WRITTEN OPINION THAT CAN BE RE/\D:|NTOTHE MINUTES OF THE PUBLIC HEARING, IF YOU CANNOT ATTEND. VERY TRULY YOURS, KODIAK ISLAND BOROUGH PUBLIC HEARING TO BE HELD IN THE MEETING ROOM OF THE KODIAK ISLAND BOROUGH OFFICE BUILDING. DAY: Thursday DATE: December 3. 1981 TIME: 6:30 P.M. -' � - . ,��,��.� - '^^ ^ - ' - TRACT "A" 3 KADI AK A W OOOY o•'20010 . P . T 1 1 AN 'N J P. tJ. ci J:i U K01)1 AK AK 'Y 615 87 51 502002 0 Pc RE Z. AN THI•f1Y b >+'A J'2LYii P. 0. :3.0X" 1:001-AK AK99` l 0 ?751`3010010 KJLIAK 1SL A.IC .I:• t?.J UGH P.U. :i0.< t 446 KODIAK AK >•7415 07 51E020 030 G,2 CT HE .1_ EN-IA RT P.U. 9C+( 1504 KO 01 AK J . HK 94''15 .4ENT.DoR0THY P.O. 00X 52 0UL1Ni 1E R75•190'10020 AK v0E44 'R7515020040 (.1.-,OT I- tc.LENNART J P.J. 1330X 1504 KODI AK 9.4415 AL'nERT ./iM L JOAN P.O. 0 f)x 1 71 1 KJDI AK 075.1':010030 AK 0)610 R7,:15020050 07515010040 PEPi_Z. AN HL7 Y t MADI:LY 1-1 P.0. 3Gx d KUDI AK AK 99615 • CO NV ER S CLINE QV J AN C T P.O. 80Y 2li, KO DI AK AK ci9615 1 Q R14.3215001 0 CO RP OF G1THU_ [C A0CH115H.• P.O. °..ox 24'39 ANC-100 AGE AK 9' -;510 .75100T/1010 A'41E 01C AN L Uf If % + ? °1 C't U".%C'1 422 SUUTt+ 1Tt i,Tf:',ET MI NNLAP•IL IS �.1 =.41-i ST P AFL LU T'+t"7 AN P.C. SOX 102 KODI AKA 4/`- .10000040 C HUTCH AK 9961 07 51 50 10 05 0 0 OUL2N.R1CHAT.:i:: P.O. :30X 449 KJL1AK AK 99615 r 731t.:0l00 0 F.iL =Y. JACK. .� L tLL T":'. .',t.'CT, AVr 4S+ Li` +,:ULN CI Tv ii4 973"7 87 51 '5010070 FOLLY. JACK A- 5R. 2 JD A•V.NE 2 . t•O LT ON 4220 S.n.:3EACrl AVE.734 LI NC C1_`1 41 TY UM 07307 Octoter 26, 1981 • William A. Walton, Director Department of Community Development Re: Appeal for exception -“,,---\ ON 1931 . ...,,, ,.: . , ...., .... -../, • 1. • t•L Sir: We, William E. Alwert, Jean E. Alwert, Ted Painter Jr. and Sue Painter, DEA Buccaneer Enterprises, wish to appeal to the'Borough Assembly for an exception:from Section 17.51.020 of the Borough Code, toperthit the construction of,an accessory building on Lot 3, Block 1, Kadiak Alaska First Addition. Sine ely, Buccaneer Enterprises William E. Alwert, Jean E. Alwert Ted Painter Jr, Sue Painter KODIAK ISLAND BOROUGH - Telephones 486-5736 - 486-5737 Box 124W October 29, 1981 KODIAK, ALASKA 99615 Mr. and Mrs. William Alwert Box 1711 Kodiak, Alaska 99615 Dear Mr. and Mrs. Alwert, We are in receipt of your letter dated October 26, 1981 appealing the Planning and Zoning Commission decision on October 21st which denied your request for an exception from Section 17.51.020 of the Borough Code concerning the con- struction of an accessory building on lot 3, block 1, Kadiak Alaska First Addition. Please be advised that your appeal request will be scheduled for the Borough Assembly meeting of December 3, 1981. The Assembly will be sitting as a ,Board of Appeals and you will have an opportunity to present your case. , Should you have any questions between now and the 3rd of December do not hesitate to call us at 486-5736. Sincerely, William A. Walton Community Development Department, Director CC: Phil Shealy, Borough Manager Mickie Miller, Borough Clerk WAW/imi Kl"DIAK IS MORANDUM DATE: November 12, 1981 TO: Mickie Millr, Borough Clerk FROM: Joanne Jones, Planning Secretary SUBJ: Information on an appeal received by William and Jean Alwert on lot 3, block 1, Kadiak Alaska First Addition. Attached please find copies of all the information needed fo the ‘Board of Adjustment hearing in December on the above referenced case. If you need additional information please let me know.. KODIAK ISLAND BOROUGH PLANNING AND ZONING COP9i1ISSION MINUTES October 21, 1981, regular meeting Pagel (Verbatim tape recording on file.in the Community Development Dep L TO ORDER AND ROLL CALL - The meeting was called to or SSIONER'S PRESENT Virgi is Crowe Ron Ba 1 • Pat Brigs (arrived 'at 7:35 p.m.) Jerry Gu.'enau • JoAnn Str.ckert (arrived at 7:45 p.m.) "Jim Ramagl'a Tim Hill Quorum was es ablished. MINUTES - Augus an injury. Mrs. the minutes refl 9, 1981, Jerry Gudenau owe what is the wish o t that correction. Mi 2. APPEARANCE REQUEST AND AUDIENCE COMME 1. Bryce Gordon - r Addition, USS 168 Mr. Hill moved to g 2, block 2, Leite Ad roll call vote. ALSO PRESENT Will Wal Bill Hod. ns, Zoning Officer tmen r at 7:30 p.m. Director of Community Devel. .n my unexcused absence, it was due to he Commission? To excuse? Please let tes stand approved as read. nsion on a variance on lot 2, block 2, Leite (6) month extension on a rear yard variance on lot Seconded by Mr. Gudenau. Motion PASSED by unanimous- PUBLIC HEARING ON CASE Z -8 construction of an access() lot 3, block 1, Kadiak Al STAFF REPORT: Mr. Walt by the Community Devel 26. ui u n.'presen pment Dep An exception from section 17.51.020 to permit lding before the construction of a main dwell bdivision, First Addition. (Buccaneer Enter ed the staff report based on a memorandum prepared a tment which recommended approval of the request. Mrs. Crowe - closes the regular mee ing and opened the public hearing. Lorna Arndt - Ih•ve business land, wh• can't I build a gear storage building? Against grantin an exception. Mr. Briggs - y can't you build';a wareho e? Lorna Arndt - because when my other one bur Mrs. Cro - you are allowed only a mini- wareh.use. d down I lost my grandfather rights. Mrs. C *we - closed the public hearing and reope ed the regular meeting. Mr. 'ama•lia - how many notices were sent out? Mr Walton - 10 ", they were sent out twice,.as we miss d lasts months meeting due to i lness. Mr. Briggs - is this for personal use or for leasing spa Mrs. Crowe personal use. Discussion on the possiblity of a condition stipulating tha constructed within two years after water and sewer are availab Mrs. Crowe feels it is not in harmony with the Comprehensive pla Mr. Ramaglia - I have problems with putting a warehouse in an R -3 z ne ain dwelling must be Discussion on the possibility of setting a precedent.by allowing the of an accessory building without the construction of a main dwelling. —r KODIAK :ISLAND BOROUGH PLANNING AND ZONING COF111SSIOiN MUTES October 21, 1981, regular meeting Page 2 h1r3 $all moved to grant an exceotion from section 17.51.020 to permit he con- ruction of an accessory building before the construction of a main dwelling on 1. +t 3,'block 1, Kadiak Alaska Subdivision, First Addition. Second + by kir. Hill. 10 on FAILED by unanimous roll call vote. 4. PUBLI► HEARING ON CASE LL -81 -002.. A request for -lease of Borou Sectio 2, portion of KIB 12, material site along Russian Cre (Gary A. Johnson) STAFF REPOT: Mr. Walton presented the staff report and Community D elopment Department. 17 notices were sent. and 2 were a+.inst the lease. Also received a petition Mr. Hill - we s ould take all of these lease requests owned land on Alaska Subdivision. a•:dendum as prepared by the 1 was returned in favor gainst the lease. at once. Mrs. Crowe - only problem would be with f5 as it i set aside for State Gravel extraction for the Alaska Highway Department. Mr. Hill let's do #4 .nd r5 together and take separately. Mr. Ball what's the de with the'Blair's ho e? Mr. Walton the house is a'parently in a lo Gara Drive for Mr. King to be able to sub Assembly did grant the request for an ea exactly where it goes in rel.tion to wh house the Blair's occupy is e ther in of -way. Blair's house may hav- to be g standing easement request to extend ivide his land in the future: The ement. we are having trouble determing t is on the property. It looks like the he middle of the road or in the road right - moved. Mrs. Crowe the land is Borough la + correct? Mr. Walton yes. Mrs. Crowe are steps being tak: to m +ve the house? Mr. Walton yes. Mr. Ball if we recommend sale, what happe to the easement? Mr. Walton it would ham : to be recognized o he plat. Discussion on the eas ent for Mr. King. Mrs. Crowe close&.t a regular meeting and opene the public hearing. Mr. Walton point out the three lease areas beinl\considered on the map for the audience. John Bealy Wo :ns Bay Community. Would like to show \greenbelt area of the proposed plan. Oppos:+ to any leasing until the plan is adopt'd. Cy Hoen sa feelings as Mr. Beaty.. Fish and Game is i terested in doing some fisheries •ut there. Against leasing. \) e explained that lot 1, block 5, was taken off the\public sale with the that it might be used for public land in the Bells,Flats area. Bill 'lilliams Chairman of Womans Bay Community. Opposed. 110 Id rather see tt sold tha leased. Ri ki Bayne opposed. en Sikora opposed to leases for the simple reason that the Boroug has stated that tney are unable to maintain leases. Borough does not have the poll 'ng powers to keep everything cleaned up. Mrs. Crowe closed the public hearing and reopened the regular meeting. rr. Ball Mr. Johnson requested sale but Planning and Zoning Commission in tiated the lease. What is the topography of Johnson's land? Mr. Walton ski slope. 3h KODIAK ISLAND BOROUGH. MEMORANDUM DATE: September 10, 1981 'TO: Will Walton, Director of Community D velopment FROM: Bill Hodgins, Zoning Officer tie RE: Lot 3, block 1 Kadiak Alaska Subdivision, First. Mdition. Per your request for the actual size of lot 3 pertaining to the Buccaneer Enterprises requested exception, please be advised that after the right-of-way was obtained by the State for the extension of Rezanoff Drive, lot 3 was.reduced from 3.44 acres to approximately 1.07 acres. David. Crowe, Borough Engineer checked this out on his calculator to ascertain if my calculations were correct. My calculation differed from Dave's by some 800 square feet, and Dave's calculation is the more accurate one of the two. These figures are well represented on the attached copy of the State right-of-way map. See the line indicated in yellow. Also attached is the original subdivision plat recorded for this lot. I also talked with Sue Clark in the Borough Assessing Department and was informed that the lot iS being taxed for 1.073 acres, not the total 3.44 acres. Sue also stated that the print out incorrect lot size will be updated in the "near future" and that the Alwerts are being only taxed for the 1.073 .acres. CC: Z-81-026 File WRH/jmj • TRACT C 33444 R/W DCTAIL R1'.131,63,76Lt. 8LM S121J U.S. S. 3218 6LAN K36A 11o7S 56 64 POT NI 6 76 33 • s\ 6� .� '49 • .ro �.• l: 1,17.. KADIAK 44 l03•1200 'W .13..E i • e'�T. •• .® • ,; . y. .. LT. _ t , 00`'/2.06 °1Y •� ' �tnr£ t?MIT r. ... NOC °03 51 "E 245:79 '. 399.05 a I 3,141.19' R/ W LOT 2 BLOCK m 1 LOT 3 400.51'34 "E T,u.165e \ 9_ 3'LT. n:7 °04'05"E ; LIMIT • `.SLAP£ 4,36.41 P.Y \ • FIRST ADDITION ALASKA SUBDIVIS) (SUBDIVISION OF S U.S . 3512 ) 4, 3E8.63' LOT 4 • N00•04'5i'E 330.50, \ •-i 4:9.75 / USS 1682 3, ye z.37 D J U L 4474 Changed 04ner Pcl. 9 12673 Changed 0.ner Pcl• 9 101273 6773 0474 Changed 0.ners 01 Pcls. 3 8 4 Added Acreoge For Pernn.,ae, Pc1.9 N4Y131a4s J C JC JC JC et S. AND RESOURCES,INC. 7 6 S PARCEL NO RAY MARTIN WILLIS 0. t' DOROTHEA M. BENSON DOROTHY BENT KODIAK ISLAND BOROUGH KATHRYN WRIGHT F KODIAK OWNER ARCEL INFORMATION 2.875 Ac, 141.440 At 4. 1.238 A• . 1 2.483 Ac a 2.367 Ac a 1} 1.074 .c • 2.274 An. t 1I 1.3,9 -c • .664 Ac ± 1 3. :6I 2c .581• Ac + 1.236.ct 1.439 Aca I .40 21 At TAKE PENAIN BLOCK STATE OF ALASKA DEPARTMENT OF HIGHWAYS RIGHT OF WAY MAP ALASKA PROJECT NO QS- 0389(4) B -40222 KODIAK - MIL AY ROAD R AC .ul•IO a4•l 1 44'.,' '`.r.l I• "e 30_ 4-111 4 K'rc ::,‘• `-` ************************************************************************m *» PRINT-KEY-FROM-Si- -'--- -BY USER-ANN ` 09/1O/8i O8.iO.O5 ** k**************************************************************************** PROPERTY TAX INQUIRY 7.I[ER PARCEL NUMBER: R75150i0030 OWNER ZONE: USE: A----LESAL7-DESCRIPTION-:---'KADIAkrAK-%UBD�''iSl`LOT. 3 BLKi ALWERT,WM & JEAN OWNER 2: AVDR--2: CITY: KODIAK STATE: AK VALUE: 000008858 A � �ATF�--'��0i8i----�BL�G'%Q-FOD -----r--- � T�---7)0D0�O�O�' -^ ~ ~� '"" LAND 000000344 B �NGT�� ,00 .^�'-� �r--- yE�R-B�Il-T-----------------• ' � 00O0 IMPROVEMENTS.: ZIP CODE: 99615 OOOOUO00� - ''' .'� TOTAL VALUE: 000008858 LAND AREA: • '_ • • (FT) (AR): <CMD 7 TO END> A KODIAK ISLAND BOROUGH MEMORANDUM DATE: September 4, 1981 TO: Planning and Zoning Commission FROM: Community Development Department (144fa./a&A,.. SUBJ: Staff Report RE: Case Z-81-026. A request for 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) REQUEST Buccaneer Enterprises wishes to construct a 40 foot by 80 foot accessory building for the indoor storage of fishing gear on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. PROPERTY The property under consideration for this exception is located at 3085 Rezanoff Drive. The property can be generally described as being flat and wooded, containing a land area of 3.44 acres. LAND USE The existing land use of this property is for the storage and maintenance of fishing gear. The use of this property as of June 5, 1980, was by Kodiak Island Borough Ordinance designated as a legal, nonconforming or "grandfathered" use. The present zoning of the property is R-3 multiple-family res- idential and the adopted comprehensive plan designates this property for mobile home courts. The property immediately adjacent is zoned RR-Rural Residential and is located across Rezanoff Drive. The most immediate Comprehensive Plan des- ignation change is medium density residential, and is also located across Rezanoff Drive from the property under con- sideration. DISCUSSION The Code section consideration is found in-17.51.020 of Title 17. Specifically this section states that, "no accessory building shall be erected, constructed, or moved on any lot in any R district Memorandum, pagQ,2 Case I-81-026 prior to the construction of a mair Buccaneer Enterprises desires an e/:acziDO from a portion of this code requiring the construction of a main bUilding. In granting this exception Buccaneer Enterprises be allowed to construct an accessory building,on this propE-::: without having to concurrently construct a main building. The Planning and Zoning Commission vren hearing an exception must determine-that the public's health' safety, and general welfare are not endangered by granting sai: exception. Also the applicant for an exceptior must state in writing why granting the exception will not encancer the public's health, safety and general welfare. The fClo*ing statements were submitted by Buccaneer Enterprises when the application for the exception was submitted: Y. That the public's health will rct be endangered by the granting of this request.because: APPLICANT'S RESPONSE: "We plan a petal building on a concrete slab with a re-enforced roof. A]mcst everything will be put out of sight." 2. That the public's safety will r::t be endangered by the grant- ing of this request because: APPLICANT'S RESPONSE: "We will be improving the area by getting the lines and bouys where small children can't get to then or play in them". 3. That the granting of the exoept:Vn will not endanger the public's general welfare because: APPLICANT'S RESPONSE:' "We will be improving the on site area in The applicant further states that ":his property is not suitable for housing until the sewer line is available as it is a long narrow lot with no drainage! We filled a pond to use it for gear storage." Staff is of the opinion that the recuested exception will not endanger the public's health, safety or general welfare. Staff finds that the granting of the exce:tion will, infact, improve these conditions as well as improve the overall appearances of this property in gen8rO7. RECOMMENDATION Staff recommends approval of an exception from Section I7'51'020 of the Borough Code to allow the cor.struction of an accessory building prior to the main buildino on lot 3, .block 1, Kadiak Alaska Subdivision, First Addition, based on the following findings: tr' Memorandum, pacp. Case Z-81-02� '-' 1. The public health, safety and welfare will not be endangered; 2. The existing use of the property will not change; and 3. The construction of the accessory building for the express purpose of gear storage will improve the public's health, safety and welfare. • • Case Z-8102.6. Stored crab pots on lot 3, block 1, Kadiak Alaska Subdivision First Additon. 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. It .ty••:^k. Case Z-81-026. Crab gear stored on lot 3, lookinT-toward the:northeast portion of the prop erty --54x146.0,1*" Case Z-81-026. Northeastern most portion of lot 3. Note density of trees at the end of the property. • • 17 e7, •..: • L r' 7 2 5' • 0•• � r5F• /.' 1�J(. � A? ,,32'8 C b Z • :2' 73°2 8.: BL 6`, •iQ1;A81 1-32%). 0 W • 0 b . . • LL14 N0.` ; on' - co 2 `''D ...'e No nosu 51 °•19 55: 20`J0 ',00; .. 2'. ,'co r: ICA �i<.ir Try ;;-; :t -..X•, NfV JjO' .,JD.r• • • q3;‘,-, • • (3o v ., ti� 0 0 co ti ry ;U S KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR EXCEPTION APPLICANT ADDRESS 4' )7 /7 // PHONE NUMBER — .561/ LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT SUBDIVISION BLOCK / PRESENT/FUTURE USE OF PROPERTY —2 A SITE PLAN IS REQUIRED. THIS IS A REQUEST FOR AN EXCEPTION FROM SECTION 47=710 Or 11, 1 7. 7. OF THE ZONING ORDINANCES. A. THE EXISTING SITUATION IS: d 5/81 DO NOT WRITE—IN'THIS SPACE DATE RECEIVED 7 oF 647 RECEIPT NO. CASE NO. 2..-ql-U-kLf HEARING DATE APPROVED CONDITIONS DISPOSITION /) k/ DENIED DATE OF APPEAL HEARING DATE APPROVED CONDITIONS (SEE MINUTES) LETTER SENT DENIED .411k (SEE MINUTES) PERMIT ISSUED- . B. GRANTING OF THIS REQUEST WOULD PERMIT: • The application shall 'contain a statement showing that the granting of the exception.will not. endanger the public's health, safety or general, welfare. 1. That the public's health:willnot be endangered by the granting of this request because: - - ;2/4J441(42% ti I --e12 , t/ re/ LiJ 2. The the publs sa ety will not be endangered by the granting of this request because: 24---JC-, / 3. g That-the granting of the exception will not endanger the public's general welfare because: Cr7,1--C-1• tilif..1-412/7-- et-EY • Applicant further states that: (Use back of sheet for additional information) • _P Jr • -<Z.--/ • 41 --ea/ -?—GY7t-cli , Signature of Authorized Agent Date Signature of Land Owner Date 'KODIAK ISLAND --~ Box 1246 • ' Kodiak, ids:A"yyoii—� . ' ' FIRST CLASS KAIL �/�� OF �QD\Y� Q�6�� NOT � ! �~ L- �-�� ! �J �J L A �~ HEARING L_ �� X � `� �-� The Kodiak Island Borough Planning and Zoning Commission has received a petition from BUCCANEER ENTERPRISES requesting an exceotionfr0m Section I7.51.020 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, September 16, 1981 --4111Q-dtill rL~J 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 tbe.Betition 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, vODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments • KODIAK ISLAND B[)ROUr,7 Box 1246 ��k.a996o � _ , • • FIRST CLASS P:AIL ° NOT lcE OF PUBLIC HEAR NG • The Kodiak Island Borough Planning and Zoning Commission has received a petition from BUCCANEER ENTERPRISES requesting an exception from Section I7-51.020 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, October 21, 1981 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 prOporty' This will be the only Public Hearing before the Planning aod.Zooiog 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 oepartment' Further information is available from the Planning Department, talepboue'486-5736' yODIaK ISLAND BOROUGH Department of Planning and Community Development Name . Legal Description 11111 Comments Address 1 S • � ^ � ^ ) ^ ) ^ E .O. BOX 1.695 KODIAK • R515014020 - � BENT,DOROTHI .P.O.SOX 52 • - OUZINKIE A}('99644 ALWERT,WM 6 JEAN P.O. BOX 171i KODIAK� R7515010030 AK 99615 R7515010040 'CONVER%E,CLINTON & JANET P.O. BOX 21.86 KODIAK AK 99615 BULEN,RICHARD P.O. BOX 449 KODIAK R7515010050 AK 99615 ' - R7515010060 FOLEY,JACK A. %R. % JOANNE E.BOLTON 4229 %.W^BEACH AVEt34 LINCOLN CITY OR 97367 -.' � COROF CATHOLIC (:.rCHDI%H P.0. B3�.223q: AOCH0RAGE kU%%ELL,L.L. GROTHE'LENHART F.O. BOX 1504 KODIAK AK 996i5 R7235O0000� . R7510000030 AMERICAN LUTHERAN CHURCH 422 SOUTH 5TH STREET MINNEAPOLI% MI 55415 R7510000040 %T PAUL LUTHERAN CHURCH P.O. BOX 102 (: :o ]: A AK 99615 � � • • ' '' • _,' • • • t�''�-�.��.�' "I.��=� • �--�- . - -`.--'_ ' 1 • , Fit-33 R M.5.a )-5cDio f L.LS5 _ _ ej_ foy_ki 0)-7) ,g r(cLLA- C fQcooJO • , 00 060 125-- -73 0/ vb_D_O 75-75-6,/ co 30 R 7S/o (/) R g D- c) c)? • - Chapter 17.51 ACCESSORY BUILDINGS Sections: 17.51.010 Height. 17.51.020 Construction prior to main building. 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 §10G(2)). 17.66.030 .Exceptions—Investigation. A. The planning commission shall cause an investigation to be made by its . own members, or by its authorized representative, to doter-. mine that such uses will not be injurious to public 'health, safetv or welfare or detrimental :to other properties- or uses in the Vicinity. 17.66.040 Exceptions--Granting or denial. "Within forty days after the receipt of an application, 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 he 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 anVWay the public health, safety or general :welfare orproduce results inconsistent with the general purpose's and intent of this title) the commission shall ,t-deny'the application (Prior code Ch. 5 subch.-2 §21A (1) (cfl. 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. (Pri-Or code Ch. 5 subch. 2 §21D(2)). :' • • •� ' KIB ASSEMBLY MEETING - Dec. 3, 1981 Page 3 Robinne 8artel:l'm the one who made a lot of the phone calls to the 'eop whose letters you have in your file. Their responses were all vu � ive. The way l am looking at it is that it gives us a chance to buy 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 "°vlu afford and the back parcel is a potential perhaps for another private sident. Which I think Kodiak could use. Mr. Peotter: l 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 ue in violation of the "de, Mr. Murray: l concur with Mr. Peotter is creating'the same problems that we'v that we, by allowing subdivisions to set up different sets of standards that they have to meet cerfain e the same thing exists here. eel that what we would be doing addressed in the past and that is hrough without adherence to the code, people. We indicate to new subdividers ents in order to subdivide. l think Mr. Arndt: l concur with the lanning and Zoning Commission. I also have some other problems with ' . 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 s,menn' goes to build on it there are setbacks that have to be adhered to or var'^nces have to be obtuinod' l just can't go along with this. Mr. -White: l v ed tn uphold Planning and Zoning because it would create a npncoofumhn use of the proposed lot 4A-2 and it would also be noncon- forming se ack for rear lot 4A-1. ie d: Voted in favor of Appealan; therefore, statement not requ1'`d. M ' Anderson: Voted in favor of Appealant; here re, statement is not illiom &_Jenn 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 placing an accessory building on R-3 land without a main dwelling. 8ppcllunt:(H,' Alwert) I am half owner of the Buccaneer snterprises' l 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 l don't have any way of locking it up. l have a contract for a building that we are proposing to build on there. In the last three years alone, I probably lost S20,000 worth of gear out there because l 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 huilding up to put our gear inside' can't store it at the c.unne,y, we could store it at our house here in town and it would be ` 'legal but l don't think my neighbors would like it. So I would appreciate it very much if we could get this passed. Gale Holfert: l am a teacher at Peterson Elementary and l am also a former employee of Mr. Alwert's partner. l would like to speak in favor of their appeal because l happen to be familiar with the location of the property and I am also familiar with the problems they have encountered out there. .l was a witness to the damage that was done to 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 uwful'lnt of revenue's derived from'the fishing industry. I think the support of the fishing industry is pretty important. 1 also recognize the importance of proper planning and zoning. Dave pi,tvrese: l a= a fisherman and former employee of Buccaneer Enterprises. I agree with everything that Gale and Bill said. l think it is in the interest of all concerned to pass this adjustment. l 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.. l believe this is good for both the residents and the Borough. ' - • - '_��— ===�� _� . : • KIB ASSEMBLY MEETING - Dec. 3, 1981 Page 4 Skip Bolton:-I have lived here for sixteen years and l am also a fisherman. I would like to say that I am in favor of Mr. A|werL's proposal here because for one reason l store my gear out there too. l would also like to say that as long as l have lived here and been a fisherman l feel that l somehow have been alienated from this community at times, just-because I am a fishenna`' It seems like there is a certain element in this town that if you're u fisherman it's fine, we'|l . take your taxes and we'll take your money. l think some special considero�ion should be given for this project. Stuart Ferris: I am a fisherman and I live in town. I am in favor of Bill's project because l have the same thing Skip does, I 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 / lost and I'm not allowed to put up another one, even a smaller size on business zoned land. All l 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, l 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. l 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 lund, l think if you've got codes and statutes we need to follow them. Paul Du (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 l feel you should take a little thought in. Mr. /Uxert:(rebutto ) l 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 casting the YES votes. Mr. Peotter: I 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: l agree with Mr. Peotter, it is a very difficult decision. [ 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 nr`vhunge them. I concur with Planning and Zoning reasons for denial. Mr. White: l believe we should uphold Planning and Zonings decision because it is nunfvrming 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. o ^^ d. No. 81-53-0 Providing For The Composition, Representation And rtionment Of The Kodiak Island Borough Assembly. Mr. Peotter d to adopt Ordinance No. 81-53-0. Seconded by Mr. Anderson. Regular Session clos Public Hearing opened: O ENTs. Public Hearing closed: Regular Session opened: Motion carried by unanimous Voice vote. APPLICANT ADDRESS KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR EXCEPTION • PHONE NUMBER 'Y6-551/ LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT j SUBDIVISION BLOCK DO NOT WRI THIS SPACE PRESENT/FUTURE USE OF PROPERTY A SITE PLAN IS REQUIRED. THIS IS A REQUEST FOR AN EXCEPTION FROM SECTION OF THE ZONING ORDINANCES. A. THE EXISTING SITUATION DATE RECEIVED RECEIPT NO. tete95 CASE NO. HEARING DATE S APPROVED DISPOSITION • DENIED CONDITIONS DATE OF APPEAL HEARING DATE APPROVED (SEE MINUTES) DENIED CONDITIONS ' (SEE MINUTES) LETTER SENT PERMIT ISSUED B. GRANTING OF THIS REQUEST WOULD PERMIT: 411 The applicatiovOill c6btain a statement showing that the granting of the exception will not endangeKthp 01j:ries health, safety or general welfare. f-• !..! ..,i il The applicant 'Aatet;: •=i-/ Revised 5/81 That the-publAci-s- health will not be endangered by the granting of this request because: 2. The the publ c's sa-ety 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: , / 1 2 • Applicant furtherstates that: (Use back of sheet for additional information) 9 S' e of Authorized Agent Date -<L74 -QJ 2414/ Signature SFgnatureof Land Owne 4'ef-eg- Date KODIAK ISLAND BOROUGH PLANNING P )NING COMMISSION MINUTES October 21, 1981, regular meet1p_ Page l (Verbatim tape recording on file in the Community Development Department) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:30 p.m. COMMISSIONER'S PRESENT Virginia Crowe Ron Ball Pat Briggs (arrived at 7:35 p.m.) Jerry Gudenau JoAnn Strickert (arrived at 7:45 p.m. Jim Ramaglia Tim Hill ALSO PRESENT Will Walton, Director of Community Devel. Bill Hodgins, Zoning Officer Quorum was established. 1. MINUTES - August 19, 198I, 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. I. Bryce Gordon - requesting an extension on a variance on lot 2, block 2, Leite Addition, USS IOOl, 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. HEARING ON CASE Z-81-020. An exception from section 17.51.020 permit the of an accessory building before the construction of a main dwelling on (::3:::)PUBLIC lnt 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 - I have business land, why can't I build a gear storage building? Against granting an exception. Mr. Briggs - why can't you build:u warehouse? Lorna Arndt - because when my other one burned down I lost my grandfather rights. Mrs. Crowe - you are allowed only a mini-warehouxuon 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 dweihing 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. 7;;;;;:::;;;;;;;;;Itt, - -__- , .` - ° iZtstZ = ��` ��z�= � �� , _=�~_-~� ,...��- -^`—~__~.~� KODIAK ISLAND BOROUGH PLANNING A October 21, 1981, regular meetin. Page 2 -NING COMMISSION MINUTES Mr. Ball moved to grant an exception from Section 17.51.020 to permit the con- struction of an accessory building before the construction of a main building on lot 3, 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 17.36.010 states "nor shall anything be done that would influence the logevity of prepetuation of such non - conforming use...furthermore, that no non- conforming use occupying any land shall be enlarged or extended into any other portion of such land. 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). STAFF REPORT: Mr. Walton .presented the staff report and addendum as prepared by the;,r- :::.:;_,_:;;;,`;. Community Development Department. 17 notices were sent. 1 was returned in favor - � _—,: .,= - -- .�. -... 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 B lair'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 grant the request for an easement. We are having trouble deter- mining 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. John Bealy Woman's Bay Community. Would like to show greenbelt area of the proposed 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. e-• rte.: 'r t.:S2 `. KODIAK ISLAND BOROUGH MEMORANDU M DATE: November 30, 1981 TO: Mickie Miller, Borough Clerk FROM: Will Walton, Director of Community Developmen SUBJ: December 3, 1981 Board of Adjustment Hearing RE: Appeal of Buccaneer Enterprises of an October 21, 1981 Planning and Zoning Commission decision denying a request for an exception from Section 17.51.020 of Borough Code to permit the construction of an accessory building on lot 3, block 1, Kadiak Alaska First Addition. SUMMARY OF EVENTS 1. William and Jean Alwert submitted an application for an exception to Section 17.51.020 of Borough Code on July 27, 1981 with the required filing fee. 2. Public hearing notices were mailed to ten adjacent property owners on September 1, 1981 advising them of the Planning and Zoning Commission meeting scheduled for September 16th. 3. On September 4, 1981 the Community Development Department submitted a staff report for the Planning Commission's consideration which recommended approval of the request based on code required findings concerning public health, safety, and general welfare. 4. Required newspaper legal advertisement was published on September 9, 1981. 5. The Planning Commission's September 16, 1981 meeting was cancelled due to the lack of a quorum. 6. Public hearing notices were mailed a second time on October 7, 1981 advising ten adjacent property owners of the October 21, 1981 Planning Commission meeting. 7. Second newspaper advertisement appeared on October 14, 1981. 8. The Planning Commission, at its October 21, 1981 meeting denied the request for an exception. Summary of E' /S Buccaneer En rises Page 2 November 30, 1981 9. On October 22nd the Community Development Department notified Buccaneer Enterprises of the Commission's action. 10. On October 26th, Buccaneer Enterprises submitted a letter appealing the Commission's decision. REQUEST Bucanneer Enterprises requested an exception to.Seotion I7'51.020 of Borough Code to permit the construction of an accessory build- ing prior to the construction of a main building. A copy of that Code Section is attached. ZONING AND LAND USE The property involved is zoned R-3 Multiple Family Residential and contains 1.07 acres. R-3 zoning permits accessory buildings. The land involved is presently used ,for the open storage of fishing gear. The applicant's intention is to construct a one story accessory building to enclose the gear. EXCEPTIONS Section 17.65.030/A\ states "The Planning Commission shall .'. determine that such uses will not be injurious to ,public health, safety or welfare or detrimental to other properties or uses in the Vicinitv.'/ (Copy attached) Section 17'66.040 Exceptions -- Granting or denial states "If it is the opinion of the Commission ... that the use as proposed will not endanger the public health, safety or general welfare ... the Commission shall approve the application..." And "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... the Commission shall deny the application." (Copy attached). APPEALS Section 17,68'100 Appeal -- Report states "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." /Copy attached) CC: Phil Shealy, Borough Manager William and Jean Alwert •�� Chapter 17.51 ACCESSORY BUILDINGS Sections: 17.51.010 Height. 17.51.020 Construction prior to main building. 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 §lOG(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 §10G(2)). 17.66.030 Exceptions—Investigation. A. The plahnin commission shall cause an investigation to be made by its own members, or by its authorized representativa, to deter- mine that such- uses will not be injurious to public health, afety or welfare or CaetriMOntai to other properties or Uses in the vicinity. 17.66.040 Exceptions--Granting or denial. Within forty days after the receipt of an application, 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 commi•sion, 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_shali deny the application. (Prior code Ch. 5 subch. 2.521A . (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 §21D(2)). KODIAK ISLAND BOROUGH MEMORANDUM DATE: December 3, 1981 TO: Phil Shealy, Borough Manager FROM: Will Walton, Director of Community Development /f.:( SUBJ: Buccaneer Enterprises appeal RE: Code required findings of fact The required findings of fact for an exception are as follows: 1. That the use as proposed will not endanger the public health; 2. That the use as proposed not endanger the public safety; and 3. That the use as proposed will not endanger the public welfare. KODIAK ISLAND BOROUGH MEMORANDUM DATE: November 12, 1981 TO: Mickie Miller, Borough Clerk FROM: Joanne Jones, Planning Secretary SUBJ: Information on an appeal received by William and Jean Alwert on lot 3, block 1, Kadiak Alaska First Addition. Attached please find copies of all the Information needed for the Board of Adjustment hearing in December on the above referenced -case. If you need additional information please let me know. KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 . October 29, 1981 KODIAK, ALASKA 99615 Mr. and Mrs. William Alwert Box 1711 Kodiak, Alaska 99615 Dear Mr. and Mrs. Alwert, We are in receipt of your letter dated October 26, 1981 appealing the Planning and Zoning Commission decision on October 21st which denied your request for an exception from Section 17.51.020 of the Borough Code concerning the con- struction of an accessory building on lot 3, block 1, Kadiak Alaska First Addition. Please be advised that your appeal request will be scheduled for the Borough Assembly meeting of December 3, 1981. The Assembly will be sitting as a Board of Appeals and you will have an opportunity to present your case. Should you have any questions between now and the 3rd of December do not hesitate to call us at 486-5736. Sincerely, William A. Walton Community Development Department Director CC: Phil Shealy, Borough Manager Mickie Miller, Borough Clerk WAW/jmj October 26, 1981 William A. Walton, Director Department of Community Development Re: Re: Appeal for exception Sir: We, William E. Alwert, Jean E. Alwert, Ted Painter Jr. and Sue Painter, DBA Buccaneer Enterprises, wish to appeal to the Borough Assembly for an exception from Section 17.51.020 of the Borough Code, to permit the construction of an accessory building on Lot 3, Block 1, Kadiak Alaska First Addition. Sinc ely, Buccaneer Enterprises William E. Alwert, Jean E. Alwert Ted Painter Jr, Sue Painter KODIAK ISLAND BOROUGH Telephones 486 -5736 - 486 -5737 — Box 1246 KODIAK, ALASKA 99615 .October 22, 1981 Mr. and Mrs. William Alwert Box 1711 Kodiak, Alaska 99615 Dear Mr. and Mrs. Alwert, Please be advised that .the Planning and Zoning Commission at • its October 21, 1981 meeting denied your request for an exception from Section 17.51.020 of the Borough Code to permit the con- struction of an accessory building on lot 3, block 1, Kadiak Alaska First Addition. You have the right. to appeal this decision to' the Borough Assembly. If you want to pursue this course of action we will need a letter from you before October 31, 1981. Should you have any questions do not hesitate to call us at 486 - 5736. Sincerely, William A. Walton Community Development Department Director .WAW /jmj �_-� KODIAK ISLAND BO LANNING AND ZONING COMMI35ION' '1UTE5 October 21, 1981, ~°`( ar meeting Page l (Verbatim tape recording on file in the Community Development Department) 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.m.) Jim Rd0dglid Tim Hill Will Walton, Director of Community Devel. Bill Hodgins, Zoning Officer Quorum was established. . 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 - I have business land, why can't T build a gear storage building? Against granting an exception. Mr. Briggs - wh« .CaD / t you bUil`� warehouse? Lorna Arndt - because when my other one burned down I lost my grandfather rights. Mrs. Crowe - you are allowed only a mini-warehouse. 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. Crdwe personal use. Discussion on the possiblity of a condition stipulating that a main dwelliD.0USt 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 - I 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. KODIAK ISLAND BOROUGH PLi ING AND ZONING COMMISSION miNu October 21, 1981, reguiaLeting Page 2 Mr. Ball moved to grant an exception from section 17.51.020 to permit the con- struction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. Seconded by Mr. Hill. Motion FAILED by unanimous roll call vote. 4. PUBLIC HEARING ON CASE LL-81-002, A request for lease of Borough owned land on '-ction 2, portion of KIB 12, material site along Russian Creek Alaska Subdivision. (c.ry A. Johnson) STA REPORT: Mr. Walton presented the staff report and addendum as prepared by the Comm nity Development Department. 17 notices were sent. 1 was returned in favor and 2 ere against the lease. Also received a petition against the lease. Mr. Hil - we should take all of these lease requests'at once. Mrs. Crowe - only problem would be with #6 as it is set aside for State Gravel extraction •o the Alaska Highway Department. Mr. Hill let'' do #4 and #5 together and take #6 separately. Mr. Ball what's he deal with the Blair's house? Mr. Walton the hou is apparently in a long standing easement request to extend Gara Drive for Mr. ng to be able to subdivide his land in the future. The Assembly did grant th request for an easement. we are having trouble determing exactly where it goes 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 ma have to be moved. Mrs. Crowe the land is Boroull land correct? Mr. Walton yes. Mrs. Crowe are steps being taken t move the house? Mr. Walton yes. Mr. Ball if we recommend sale, what hap ens 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 ope d the public hearing. Mr. Walton pointed out the three lease areas bei audience. considered on the map for the John Bealy Womans Bay Community. Would like to show greeribelt area of the proposed plan. Opposed to any leasing until the plan is adopt d. Cy Hoen same feelings as Mr. Bealy.; Fish and Game is in rested in doing some fisheries out there. Against leasing. Mrs. Crowe explained that lot 1, block 5, was taken off the •ublic sale with the intention that it might be used for public land in the Bells lats area. Bill Williams Chairman of Womans Bay Community. Opposed. Woul rather see it sold than leased. Ricki Bayne opposed. Ken Sikora opposed to leases for the simple reason that the Borough as stated that they are unable to maintain leases. Borough does not have the polic. powers to keep everything cleaned up. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball Mr. Johnson requested sale but Planning and Zoning Commission initi ed the lease. What is the topography of Johnson's.land? Mr. Walton ski slope. KODIAK ISLAND BOROUGH MEMORANDUM DATE: September 10, 1981 TO: Will Walton, Director of Community D velopment FROM: Bill Hddgins, Zoning Officerg ge RE: Lot 3, block 1 Kadiak Alaska Subdivision, First Addition. Per your request for the actual size of lot 3 pertaining to the Buccaneer Enterprises requested exception, please be advised that after the right-of-way was obtained by the State for the extension of Rezanoff Drive, lot 3 was reduced from 3.44 acres to approximately 1.07 acres. David, Crowe, Borough Engineer checked this out on his calculator to ascertain if my calculations were correct. My calculation differed from Dave's by some 800 square feet, and Dave's calculation is the more accurate one df, the:two. These figures are well represented on the attached copy of the State right-of-way map. See the line indicated in yellow. Also attached is the original subdivision plat recorddd for this lot. I also talked with Sue Clark in the Borough Assessing Department and was informed that the lot is being taxed for 1.073 acres, not the total 3.44 acres. Sue also stated, that the print out incorrectiot size will be updated in the "near future" and that the Alwerts are being only taxed for the 1.073.acres. CC: Z-81-026 File WRH/jmj TRACT C BE AA 3 3439 R/W DETAIL P.-T..131.63.76LE 501 U.S.S. 3218 LMC K3F4 NO'S 11 39 0.i, LT. P.O.T. 14 .20 7, n• mo712'oo"w • •••••. N00 035I' R/W P.O.T. 143 .33 8,00°5134E NOO'12'06"W 5,141.19' SLOPE LIMIT Pi' " • • • . ;' ............ P.0.7.148.16.39 ' 93.31.7. 704.05E sts 555.69 LOT 2 yt°49• R.36.48 Tt i9 2PC. ' BLOCK '225 C' R/ W 536.41' k co ' LOT 3 366.63' 7 USS 1682, FIRST ADDITION ANDIAK ALASKA SUBD1VIS N (SUBDIVISION OF U. S.S. 3512 ) \NN N 70451"E 330.50 3, z/V z,37 4.4.74 honed Owner on.jed 0ne, Pct. 9 12.7 Changtd Owners Of Picts. 3 8 4 6.7.7 Added Acreage For Remainder PcI.9 DATE REVISIONS: 7- 6 ANO RESOURCES,INC. 2.875 Ac± 141.4484c+ RAY MARTIN 1.236 Ac« 2.4834c± WILLIS O. OROTHEA ENSON c± .074.4c ± DOROTHY BENT 2,274 At 319 c ± KODIAK ISLAND BOROUGH .864 Ac 1 381 c ± PARCEL L KATHRYN WRIGHT .581 Ac L236.cj CITY OF KODIAK .439 AC+ .621 Ac± OWNER TAKE REMAIN PARCEL INFORMATION BLOCK DRAW. STATE OF ALASKA DEPARTMENT OF HIGHWAYS RIGHT OF WAY MAP ALASKA PROJECT NO. QS -0389 (4) 8-40222 KODIAK- - MILL BAY ROAD RAC 090910 0411 4 0. 1 Y7 $c"" 1. 100 39901 4 or 6 7 < a (11,43_ _ _ - - - 0 0 0 0 0 0 - r V (INV 0000 1 I 0 J'L& 000 V J ) N 0 0 0() 0 0 0 0 V./.0d S-9 0:48: ,, -H3.71:-.0170-77;11-, V.K17917,7 es 88 0 6000 °Pb (f) 0:6 W.:16084w :I: O.8O00000 1 01 106':::101'd Niritis.1 T 9 6 6 <I 0 f.3 Z S 11 V ICCON A J. :I: 3 <I • , , , X. 0 (tail , ' v I... t . :lNO7 . 052.00TOcTSLd 'd3111-11111 133dVd >A1IN1 * * * * *A.:4e*** -: • , —... - ,.. • • . .. ' , - • ..„--,.......:: - , ..:i: •-.......,' • , • • • .. ..:',,,..'--r.. • '..„, .'. -•,•,::::-...::.",c•:::: "--'.4,'.:-.-".. ,-.::. '',".:'"." • . "::.; ..:.--, ' ..':::.,./..,...-. - .. .--,•:Y:...:,".':."MM5 • :if.. * , • ' . „ „.... , .. , , . ., .. ...., , .. , ,.. . . ... . ., ... .. ..... .... , .. , i . • ',., --se 4 e- - - c 02- 0 -T. ---L8 0 -----i-,-,- 4'13 -/ 04-7-60: . • • , • . '••:-..144NV - '>.:1".131=1.':--,..V.I. -_''''" • - "''''''... 'kSL--HF.P.:1'-.A----ki3N-t17Nfitl'd ...- - ''-' - ::'. -...., • 'X- . .-.d.- m , . - • -- - - - .- - N.* - r . . . - •.ti• -N * *** **:**** M* :.1f..* it.** X **:** ...**** 4f * *4C. :IC- * * * * * M* * * * *********:*********** . _ _. 2 KODIAK ISLAND,- BOROUGH MEMORANDUM DATE: September.4, 1981 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Staff Report RE: Case Z-81-026. A request for 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) REQUEST Buccaneer Enterprises wishes to construct a 40 foot by 80 foot accessory building for the indoor storage of fishing gear on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. PROPERTY The property under consideration for this exception is located at 3085 Rezanoff Drive. The property can be generally described as being flat and wooded, containing a land area of 3.44 acres. LAND USE The existing land use of this property is for the storage and maintenance of fishing gear. The use of this,property as of June 5, 1980, was by Kodiak Island Borough Ordinance designated as a legal, nonconforming or "grandfathered" use. The present zoning of the property is R-3 multiple-family res,.— idential and the adopted comprehensive plan designates this property for mobile home courts. The property immediately adjacent is zoned RR-Rural Residential and is located across Rezanoff Drive. The most immediate Comprehensive Plan des- ignation change is medium density residential, and is also located across Rezanoff Drive from the property under con- sideration. DISCUSSION The Code section consideration is found in 17.51.020 of Title 17. Specifically this section states that, "no accessory building shall be erected, constructed, or moved on any lot in any R district Memorandum, pac-,?. Case Z-81-026 ( ) prior to the construction of a main building..." Buccaneer Enterprises desires an exception from a portion of this code requiring the construction of a main building. In granting this exception Buccaneer Enterprises would be allowed to construct an accessory building on this 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 submitted by Buccaneer Enterprises when the application for the exception was submitted: 1. That the public's health will not be endangered by the granting of this request because: APPLICANT'S RESPONSE: "We plan a metal building on a concrete slab with a re-enforced roof. Almost everything will be put out of sight." 2. That the public's safety will. not be endangered by the grant- ing of this request because: APPLICANT'S RESPONSE: "We will be improving the area by getting the lines and bouys where small children can't get to then or play in them". 3. That the granting of the exception will not endanger the public's general welfare because: APPLICANT'S RESPONSE: "We will be improving the on site area in general." The applicant further states that "this property is not suitable for housing until the sewer line •is available as it is a long narrow lot with no drainage! We filled a pond to use it for gear storage." Staff is of the opinion that the requested exception will not endanger the public's health, safety or general welfare. Staff finds that the granting of the exception will, infact, improve these conditions as well as improve the overall appearances of this property in general. 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 building on lot 3, block 1, Kadiak Alaska.Subdivision, First Addition, based on the following findings: at Memorandum, pa?,- 3 Case Z -81 -026 1. The public health, safety and welfare will not be endangered; 2. The existing use of the property will not change; and 3. The construction of the accessory building for the express purpose of gear, storage will improve the public health, safety and welfare. 10 ; �\ m ▪ - U. R0 • :• : 29.\ 2Y 2 f f2, : Q g ( Lnsubdividea ‘6,24,47.), /•3e \ 3- /t+ I B I r e •m& :- �. � � �m4� \� \ \/ Rd u- Pc< ©y. »L2 AnmQ G L3 / 2 • x z: \ \ %Z - 19,66 ;�- : ., @. KICIDLAKISLANDBORADIJ - . — Box 1246 Kodisk;Alaskt 9961 ' FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak. Island Borough Planning and Zoning Commission has received a petition from BUCCANEER ENTERPRISES requesting an_ei-cotionfrom Section 17.51.020 to permit the construction of an accessory building before constructionf 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, September 16, 1981 C-Nne, 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 300feet 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 toappear and voice your opinion. If you cannot attend, you may submit a written opinion tha:t 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 PlanninTDepartment, telephone 486-5736. - KODIAK ISLAND BOROUGH Department of Planning and Community Development •Name Legal Description Comments • Address' KODIAK ISLAND BOROUi Box 1246 nxiisk, &mkt 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, October 21, 1981 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 petitiQn, 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 ‘1 Al � � PEAR%ON,MARIE P.O. BOX 1695 KODIAK _ BENT,DOROTHY P.O.BOX 52 OUZINKIE • AK 99615 R7515010020 AK 99644 R751501.0030 ALWERT,WM & JEAN P.O, BOX 1711 KODIAK AK 99615 R7515010040 CONVER%E,CLINTON & JANET P.O. BOX 2186 KODIAK BULEN,RICHARD P.O. BOX 449 KODIAK AK 996i5 • R75i5010050 'AK 99615 R7515010060 FOLEY,JACK A. %R. % JOANNE E.BOLTON 4229 %.W.BEACH AVE034 LINCOLN CITY OR 97367 ° • CORP OF CATHOLIC ARCHBI%H P.O. BOX 2239 ANCHORAGE RU%%ELL,L.L. GROTHE,LENHART P.O. BOX• 1504 KODIAK AK 99510 R7235000001 'AK 99615 ' +` = R7510000030 AMERICAN LUTHERAN CHURCH 422 SOUTH 5TH STREET MINNEAPOLI% MI 55415 R7510000040 %T PAUL LUTHERAN CHURCH P.O. BOX 102 - KODIAKA •�� AK 99615 •s • • ''')7::--21 ' '-'-- .',.,",.,:r.,774!S.4"."3:2'4.7,7'-4t.7.':"7:7,..-V';;r;:74 .1''''; ..57.-'-'.17.!el'll.‘3:,•.:7&':4':;:"'"4.L'.' 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