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ERSKINE ADD BK 3 LT 27A - Variance
Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907)486 - 9396 htto://www.kodiakak.us Zoning Compliance Permit i Print Form i IIIlIIUIIE 15192 Submit by Email 111 Permit No. CA2012 -061 1 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Use & Size of Existing Structures: The following information is to be supplied by the Applicant: Davis, Daniel & Beth PO Box 420, Kodiak, AK. 99615 1907.539.1414 Subdv: Erskine Block: 35,000 Lot: 27A 420 Mill Bay Rd SFR Description of Proposed Action: Establish a B &B w/ maximum of 2 guest rooms- VAR Case No.12 -029 3/21/12 Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Lot Area: 4,984 Current Zoning: R3 Front Yard: Not Applicable Prk'g Plan Rvw? Yes Plat / Subdivision Requirements? Does the project involve an EPA defined facility? KIBC 17.85 PROP_ID 15192 Lot Width: Rear Yari!: 10' Bldg Height: 35' Side Yard: 5' # Of Req'd Spaces: Existing prk'g to be maintained /VAR case allowed B &B w/o additional off - street prk'g • r NO r tf YES do you have anEPA Return Receipt t of Notificatran?: °Permit will not be issaed`onti1 receipt issubmifted to K!B'.''r Subd Case No. Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. Bldg Permit No. Applicant Certification: 1 hereby certify that f will comply with the provisions of the Kodiak Island Borough Code and that have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have Identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? List Other: Date: Apr 4,2012 Soi Signature: Beth Davis aisuiCS This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the work is commenced, for a period of 780 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 7997 UBC) per KIBC 17.15.060 A. ** CDD Staff Certification Date: Apr4,2012 CDD Staff: f e Martin Lydick Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Not Applicable Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: Et $0.00 rK $30.00 • $60.00 E $90.00 IT $120.00 After- the -Fact 2X the published amount �/ (-1 Moo (.4g MO/ l $60.00 [,o $120.00 rj $180.00 l $240.00 jai •A'reri 4 21111 KodiaKiSIanaborough FImmnCp®2OartmPnt APPLICATION FOR CERTIFICATE OF REGISTRATION TO: CITY OF KODIAK (SALES AND SERVICE TAX) P.O. BOX 1397 ❑ File Quarterly [ 1 File Monthly KODIAK, ALASKA 99615 New Application ❑ Update information only Voice - 907 - 486 -8655 or Fax - 907 - 486 -8600 ACCOUNT NO y� -Fs' ,f1 �(''��- NAME OF FIRM I R5 Po (IS' rr)ED + Ze ig- i-c:FA i -7I BUSINESS PHONECItg -r5. )(1- KI- }- FAX E -MAIL b I !J i .l o rte.. LOCATION OF pp �1 ,( BUSINESS ADDRESS 2�:3 ,'twi. k7 Y1 1 Rd MAILING ADDRESS Po (20x 4-x-0 tCC D R.+ -� tk {� q q(D IS Q DA CITY STATE ZIP NAME OWNER F CP7, €TR J LS r !VA t�. '\ ` /�j/y( HOME ADDRESS Q�()c5 fw.ELL_ 19C)1 lcobILLFKI }\* -1`l �" ('p ^^� kilt %( HOME PHONE -lO! +39)- i -iN- STREET CITY STATE ZIP TYPE OF BUSINESS ACTIVITY PER BUSINESS LICENSE h&D -1-- i3 `LEA c AS l . DATE BUSINESS STARTED I4PPJL I I Tk a0 P- (In Kodiak) //``�� y ALASKA -1 A BUSINESS LICENSE NUMBER (Include your activity code): t 17a.. ,J TYPE OF ORGANIZATION ✓ INDIVIDUAL PARTNERSHIP CORPORATION 1 OTHER(E%➢L1mm BELOW) IS BUSINESS SEASONAL YES IF YES, APPROXIMATE DATES THAT BUSINESS 15 OPERATED EACH YEAR y� FROM kP2tL TO CC.(Ca(3 2 NO. OF MONTHS 7 MryCI 4 S - SOCIACSECURTY a or Ella S7(4- -7S `IS 424-. BIRTHDAY I agree to abide by the Ci f Koddiiakt City Code for Sales Tax Section 3.08 ______7R THE ABOVE INFORMATIO IS KEPT CONFIDENTIAL AND 1S USED FOR IDENTIFICATION PURPOSES ONLY. SIGNATURE & TITLE OF APPLICANT TO BE COMPLEII,D IF A PARTNERSHIP OR CORPORATION NAME TITLE MAILING ADDRESS HOME ADDRESS PHONE NAME TITLE MAILING ADDRESS HOME ADDRESS PHONE NAME TITLE MAILING ADDRESS HOME ADDRESS PHONE NAME TITLE MAILING ADDRESS HOME ADDRESS PHONE community to be served. The rezone will also provide the benefit of making the existing landfill a conforming use and allow the community to expand the use or entertain other uses beneficial to the community at this location. 17.72.020 B. Findings as to the Effect a Change or Amendment would have on the Objectives of the Comprehensive Plan. The Comprehensive Plan designates all areas outside of the Townsite as Conservation, however it is clear from past zoning decisions and community goals and objectives that the community desires improved access to broadband services, in addition to the continued function of the community landfill at this location. The plan also speaks to the need for economic diversity and economic opportunity in the Old Harbor community. At this time it is necessary to zone for the most intensive uses that might be required at a landfill site and to accommodate the related uses that might be required to support the landfill. At present the 1- Industrial zone best meets this need. The plan also speaks to the need to maintain good two -way communication between the Kodiak Island Borough and the City of Old Harbor. This need also applies to the related native corporations and tribal councils serving the community as well. The rezone will eliminate certain zoning nonconformities that have existed on the rezone site for many years and will encourage re- development that is consistent with both past use and planned future development. ROLL CALL VOTE ON 14.0710N_CARRIED_UNANIMOUSLY B) Case 12 -029.7 Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. The applicant is Bethan Davis and the location is 223 Mill Bay Road. The zoning is R3- Multi- family Residential. Cassidy reported the applicant's home is a single family structure on a substandard residential lot. The applicant wants to establish a B &B in 2 extra rooms in the house. It requires an additional parking space that cannot be provided on site. Staff recommends approval because staff feels it meets the standards of granting a variance. COMMISSIONER VAHL MOVED to grant a variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off- street parking space, where there is no possible location for an additional off - street parking space, and to adopt those findings of fact in the staff report dated March 9, 2012, as Findings of Fact for Case No. 12 -029. The public hearing was opened & closed. Public testimony was given by Beth Davis thanked the commission and stated she was here to answer any questions. In response to COMMISSIONER SCHMITT'S inquiry of the statement about not being able to accommodate parking in the back, Davis replied there's a good drop off in the back, and the only way to access the back would be to go around the neighbor's tree to go down the back. On the right side of the house there is gravel parking and a 5 foot rock retaining wall. Discussion FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development. which generally do not apply to other properties in the same land use district. The subject property is located in an area developed many years ago, and is not typical of the majority of similarly zoned parcels in land area, lot configuration, and abutting development. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. March 21, 2012 Page 4 of 8 P &Z Minutes Topographical constraints limit the ability of the applicant to provide an additional off - street parking space in an economical manner. Requiring the applicant to undertake such development would represent an unnecessary hardship. 17.66.050 A.3.The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health. safety and welfare. Other properties in the vicinity share many of the same constraints as the applicant's property and will not suffer material damage or prejudice as the neighborhood already depends extensively on on- street parking. The public's health, safety, or welfare will not be endangered by allowing a permitted use. 17.66.050 A.4.The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. The Comprehensive Plan explicitly calls for actions of the type represented by the request. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardshi i from which relief is bein • sou • ht b the variance. The applicant is acting "before the fact" and seeks no relief from a self - imposed, hardship. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The requested use is a permitted use in the applicable zoning district per KIBC 17.85.020 P. ROLL CALL VOTE ON MOTION_CARRIED. UNANIMOUSLY OLD BUSINESS A), Case 12 -022. Request an investigation, according to KIBC 17.205.030 (B) and (C) to/ rezone Lots 1- 21, Block 2, Perez Estates Subdivision from R3- Multi- Family Residential to/R2 - Two Family Residential. The applicant is Alan & Rose Wolf. The locations are 531 an '536 Perez Way;-3100, 3084, 3052, 3218, 3265, 3300, 3280, and 3252 Wilton White Wj Y, 3262 and 3266 Sha'ratin Road, 522 and 534 Carroll Way, and 7 Lots with no house numbers. The zoning is R3- Multi='family Residential. Cassidy reported this c sa ewas brought before the commission based on a peti iot n from a number of adjacent property owners. a had a former case when the commission granted a change to a plat note to allow access on Sharatin This case was postponed from last-Month to allow the absent commissioners to be involved in the'case Staff recommends appro4al of this request to preserve the low density character of the neigh)) rhood and existing land -use patterns and low volume of traffic. In response to COMMISSIONER VAHL'S inquiry regardicfg the findings of fact, KIBC 17.20.020B on page 10 of 10 in the staff report, he doesn't understand because we cite the Comp Plan often but here is a statement "as a result a decision to approve*his rezone would have little effect on the objectives of the Comp Plan but could have%reat effect o the resulting character of the affected neighborhood,' it seems like we are going back and forth oR whether to go by the Comp Plan, Cassidy replied the Comp Plan is a gprral guide, it doesn't get down to where R1 and R2 structures should be located. What it says is residential areas should be developed. It's up to the commission and assembly to create that�'lance between R1 and R2, so the stategnt basically says the Comp Plan doesn't give a IottoYguidance on specifics, it just tells you general \L°cations for residential development. COMMISSIO Etl VAHL asked if the Comp Plan makes statements regardi neighborhood characte assidy said general comments about neighborhood character but yoir zoning code impl ents your Comp Plan. response to COMMISSIONER VINBERG'S inquiry of whether the homes located on WiIt \White Way are all R3 also, Cassidy replied they are zoned R3. March 21, 2012 Page 5 of 8 P &Z Minutes March 22, 2012 Ms. Bethan Davis PO Box 420 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiak.ak.us Re: Case 12 -029. Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. Dear Ms. Davis: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on March 21, 2012, granted the variance cited above and adopted Findings of Fact in support of their decision. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. Please contact this office for further details. According to KIBC 17.195.090 — Appeals: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) calendar days of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until ten (10) calendar days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486 -9310. This letter shall constitute the variance. Please bring it when you come to our office to obtain zoning compliance for any construction on the property. The Commission adopted the following findings of fact in support of their decision: Page 1 of 2 0 FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The subject property, is located in an area developed many years ago, and is not typical of the majority of similarly zoned parcels in land area, lot configuration, and abutting development. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Topographical constraints limit the ability of the applicant to provide an additional off - street parking space in an economical manner. Requiring the applicant to undertake such development would represent an unnecessary hardship. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Other properties in the vicinity share many of the same constraints as the applicant's property and will not suffer material damage or prejudice as the neighborhood already depends extensively on on- street parking. The public's health, safety, or welfare will not be endangered by allowing a permitted use. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan explicitly calls for actions of the type represented by the request. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant is acting "before the fact" and seeks no relief from a self - imposed hardship. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The requested use is a permitted use in the applicable zoning district per KIBC 17.85. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincerely, fled Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Page 2of2 • Current Location P & Z Case # 12 -029 Bethan Davis Public Hearing Item / -b P &Z March 21, 2012 Request: A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -029 Introduction Page 1 of 6 ks 4 •c• <b• •Q ,' ■0 0 (t;(') .g -,-- Da¢e2of6 Public Hearing Item 1 -ti P &Z March 21, 2012 Kodiak Island Borough Zoning Map Community Development Department Current Zoning Wry Riff P & Z Case # 12 -029 Bethan Davis Request: A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off- street parking space. ?Os 7 9 77 7 r t " ,� cC`1' 77p> � 7� 7"4 � V ti o T c ,: 3 b (it? 'i> ,��'‘�^ • 46 77 �h \ \311 Subject Parcel F3DRI T 0 202 2 (,) USS 56 USs 4131/ 1 ti 203 co Zoning Legend Public Use Lands Rural Residential 1 I Multi Family Residential MI Light Industrial Watershed r Rural Residential 2 Business 7 Conservation L 1 Single Family Residential 1 Retail Business Rural Residential 1 1 Two Family Residential I 1 Industrial Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -029 Introduction Page 3 of 6 Public Hearing Item 1 -13 • P &Z March 21, 2012 \t- exc• No fxlk \c, 0 re Case No. 12 -029 Introduction Page 4 of 6 Public Hearing Item 1 -5 P &Z March 21, 2012 Image Overlay P & Z Case # 12 -029 Bethan Davis 2. S. timAtos Request: A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off- street parking space. arttlsra.laa6iddia Legend Subjct Parcel Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -029 Introduction Page 5 of 6 * ■b` sQ c'' �Q 0 (%) (b° *q •,0 /■ _ ._, c, Public Hearing Item / -b P &Z March 21, 2012 KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Rd , Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information CL& l L Ar 0 Diu iS Property owner's name Po 60X. 4,2,C Property owner's mailing address kfpcDI Nk etgb(6— City State Zip tit. B t1-7/01(D 513Q- 14-14- Home phone Work Phone E -mail Addr. be►dpg Gt. ne,T Agent's name (If applicable) Agent's mailing address City Home phone State Work Phone Zip E -mail Addr. Property Information II 4-0030 7 Property ID Number/s Loi 27A, ,$k 3 G,25k-In)E SL 1B Legal Description 2 Current Zoning: { 3 Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: C 5 I Je A1(4 e vAvilti U cs, --t Ovte r12 r `(`� arks i 4) f -,+�q pcicSL �1 r sed Use Propel: wvl v its‘ t iv( f as4z ,t� spc4 c. y- ),rtt„ �o f ,. 1•I 1. +SL `f (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this appllcatlon for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted In accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may inciuudd ptional supporting documentation as indicated below. Additional Narrative/History ✓ si As -built Survey Photographs Maps Other 12 Property Owner's Signature Date Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, Including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways: means of Ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) STAFF USE ONLY Code Section(s) Involved: 11 • I O 10 Variance (KIBC 17.66.02 50.00. l' —� Conditional Use Permit (KIBC 17.67.020.8) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030,C). Application received by: Staff signature 2 -ozck PAYMENT VERIFICATION PAID KoQiak0818na dorougtr. PtnarlCPP Deft tment Case No. 12 -029 Application Page 1 of 9 1 J •19' .1.11"i" 100.7/• aooa. as •TOd'.h 1•/•n R.conee •0 - Ch ./r This is fa Lartily •etord {.see with the, 1 d•y of Ooro.,111 hpa,1•ge Oorvu y h Clsrh .rnl/y Development MAC RCC13 AL QJG if X CKN/F44P ON lfcmz4/ iifeeNCT i .„ i.r..• Y) mock s 4- J00' LOT 20A 11..40 qF. wr Z7 A a, 304 F. ONer3p5'h/ .Z7.00•)• Nal•3l'a JP- W 7.7.0/- .` D1..co -: oil`:. 1.1:.1T. ... 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IL[OtA47NJretf• .*'M54/ us.suvt1Ey.aGl.P APks 50 -/ GACATIbie GOT 26A al*" LOT . 7A AD= MAIJIMANIP JalIDIVASION, NI MAW WV Jra vow Kama IOico11DMG yNtRCT ALASKA nom. /ri i4a0/ rep••• Me- W J.aua.y 07100 It.M &. S.. . r0 Ms pail see. LeftenrJ ---I Case No. 12 -029 Application Page 2 of 9 4oT z7 • • P &Z March 21, 2012 SUUQ. !7'hu N (5.9- 'W 70.00' KOCOIAK. TUWN5tTE 5URVEY ,3LOCK 8 AS -BUILT SURVEY OFA 1' i io ~rt M a* 0 = 49 L $; Roy A. Ecillond '',6"....,0" , ' ,ir ,r ye NO. 1638.5 e + • 4 'a..,• a e'ep`e,,, �+ p4Ofpss0O. -*� scale: /" .v 20 fee NO( R&D.eAwN PRO /Y1 /43- 00/4r PAD /Z/Z0776 445. 54/R1'.. Y CC. 2• __ U•5• St-42 Y gS37- 1 haeyy certify tha) 1 he ye surveyed the following dory, be prop�rtyt L9i` e7. tl/QcU , Csrskine 5/404r von, Sarre. Si,Z yp/af7D. 5P- ..., r . • Ir. at d► and shot the Improvements situated thereon are within the property liner and do not overlap or encroach on the property lying adjacent thereto, that no imprdvtments on propeny lying adjacent thereto encroach on the premise, In yuatlon and that there we • no roadway;, trenemis• bon linel or other visible easements on raid property eanpr if indi. rated baron. 0.ted this day of 19 ROY A. ECKLUND Registered Land 5urve yor f ]Drum by: 3• /4U57''/a'4i Date: /5 .TL/ l t7 /33 3 Case No. 12 -029 Application Page 3 of 9 Public Hearing Item 1 -8 P &Z March 21, 2012 Page 1 of 2 Beth Davis From: "Beth Davis" <bethdegci.net• To: <bethd©9ci.net> Sent: Tuesday, February 14, 2012 11.15 AM Attach: 227.jpg; 228.jpg Subject: Emailing: 227, 228 Your message is ready to be sent with the following file or link attachments 227 228 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. 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' ;j�I�ii!I IIIIIiI!I /I I I►n'I lr 2.as rALL gA-f �Q ECIEWE FEB 1 5 2012 COMMUNITY DEVELOPMENT DEPARTMENT 2/14/2012 Case No. 12 -029 Application Page 4 of 9 Public Hearing Item / -t3 P &Z March 21, 2012 Page 2 of 2 ,2).3 RECEDVE FEB 1G 2012 `� COMMUNITY DEVEt.DPMENT DEPARTMENT 2/14/2012 Case No. 12 -029 Application Page 5 of 9 Public Hearing Item / -ti P &Z March 21, 2012 Page 1 of 1 Beth Davis From: "Beth Davis" <ps119v165!@yahoo.com> To: <bethd(lpgci.net> Sent: Tuesday, January 31. 2012 3:15 PM Attach: photo.JPG Subject Rt MUMMA@ MO Sent from my 'Pad LDc�, 2 et--,s4ut Sc U,4r) be/-1. .t Z 2 5 n L�L� Case No. 12 -029 Application Page 6 of 9 1/31/2012 Public Hearing Item 1 -13 P &Z March 21, 2012 Page 1 of 1 Beth Davis From: "Beth Davis" <ps119v165©yahoo.com> To: <bethdegci.net> Sent: Tuesday, January 31, 2012 3:16 PM Attach: photo.JPG Subject: TFT Sent from my iPad -Yit f?t oftt eir- -o kause Case No. 12 -029 Application Page 7 of 9 1/31/2012 Public Hearing Item / -B P &Z March 21, 2012 Variance Findings of Fact Criteria 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district. 14is s ;14,c4 le t1J4.kt4 0es� Q►�hal I�c�wee v�i>ts ;btu. Lt iv< h� •(4.3q - 1 '1 ., Ovein tire. 'ears, o1 r hovu�s have be vi 1)66+ aw-bu�vd it as .tam ex c1vlced. The oval v.rk:vt3 Loos uv\ +ke s -heQt" 17M1LL 134-- . rn The to i*ix, s sip( he i iKd e k nme., Two s t park :' spicks ilckoe bee►l 0.m-1-el re- OA o uor n ti,bor5 lot .► v1 I Y,1Q' 2. vueS ni—her h vueS iv< the scotxe lc�xdc use �StviCt.i R.33 u-sLicitis, k .19 ot MbtZ. c�c� � c �i��►� r s (kCSL cub ul�zC�L �jccut , ase,+LL; hope Is p 5 c ,.(l cliallou-,cLa5 ma. �ris 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; i4 -f-h.e , Variovta Locks vt &+ [veil , :HAe Ou3 Kk-'3 Lobig 1/0.0 cc. +D c c) tAS; o ks.^. v1 B cs A -- �1vl (3V (VI Irate, a..� . �O- tr ' VIES .itia& r. ��t� c` o t�e�' i S- � • - _ . rC O. _ ►'t Cic.TU .. • CO ck (ca► -rqe_ iiuntku> i c'3 - c)--) at nSivtqq -File ht)_ OitAQic rc;s+5 �&VI (vicre cgs tvLc �v H'e cost rP MOUtk 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. 1-14. „e_ por4ibn �Nt‘L ,41 1.a -t c�`l" uie l,`;,e 0v1 (s vR ode. ca.v cI +k re, is Ik.v,� c room car ova -S t rkvt wi Lt)J cow-St v i ►c' S Id-L\ .SSi S . £)t.�.,- r s ire 6rJ c. vac .n &vice. IA•J 3 rt cat -i- � mo r r- • l aLv a • � i CZ ✓ f v1 rt g. I • -. a . , • 0 * • (.I' try _ , , of h-ex.) or r, Were pi' tr c3uur rye it h bp u.rs . Case No. 12 -029 Application Page 8 of 9 Public Hearing Item / -b P &Z March 21, 2012 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. r1 , +he rvtc rl of e i`ive.s iS +o incveabe, e -011-11 a� Chic wto 1vuJr'j Icor city C heYeve 1S Q yawl-6 4_0i \v vl'cL.v1CS2. i vCatc o0+ �yc IC, 264 0i-row/IA -}ale. b I.e s l v1 ,s S 5+Ort 5- Or S 1`e 3 kkr vL+ pp 0 2 _ 4 / k C C e vt c r a e_. cv Soc i o - e Cc r1 t� uu. c. alb 0u-e vI eS S ct. ■rl Pk1D v�r, .h-f- � S o Close. ` t w n t;.�, l� (5&h° kt c 3 -set Ott' lie . v u: . ch �, "liev, ow- k.11 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. 'phis va>rioLoce is be-irt pe-Ii +itr►ec csr, ..becctu.Se, The Owv t,- peoples 1,,; [to cam. east er IeoL -�U n L4::1110± c r i v J 6. That granting the variance will not permit a prohibited land use in the district involved. 1fkc►ke. 0-yLA +lie► ;�,-� `ral` ie e) ar -th€. use cl _8 +$ as a rers -k uag VIII inct oe_ 2 quest rt ooA b 0-46 thQ. ore r►elz one i h't�v Q, o - sir�ezt- ivy cq ce,a_ Loki c k wP _csu Ot- co RA() occ� -i4 a P4 c& p c�6 i+i cv� i S o l c !er- h9►�.i vi -t-is pi B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. Revised July 2010 Case No. 12 -029 Application Page 9 of 9 February 14, 2012 Ms. Bethan Davis PO Box 420 Kodiak, AK 99615 Public Hearing Item 1 -13 P &Z March 21, 2012 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -029. Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off- street parking space, where there is no possible location for an additional off - street parking space. Dear Ms. Davis: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 21, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, March 14, 2012 at 6:30 p.m. in the Borough Conference Room ( #121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, 'Inetga Cent Sheila Smith, Secretary Community Development Department Case No. 12 -029 Public Comment Page 1 of 7 Public Hearing Item 1 -li P &Z March 21, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 February 14, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 21, 2012. The meeting will begin at 6:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 12-029 Bethan Davis A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. 223 Mill Bay Road R3- Multi- family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 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. Written comments must be received by 5 pm, March 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmith(a,,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, March 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your propert} description: Comments: Case No. 12 -029 Public Comment Page 2 of 7 Public Hearing Item 1 -13 P &Z March 21, 2012 Current Location 223 Mill Bay Road P & Z Case 12 -029 Bethan Davis Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. Kodiak Island Borough GIS 170 Feet 340 1 1 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486 -9333. Case No. 12 -029 Public Comment Page 3 of 7 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 WAYNE BAKER 225 MILL BAY RD KODIAK, AK 99615 FILOMENO BRAVO 103 CENTER ST KODIAK, AK 99615 STATE OF ALASKA POUCH Z JUNEAU, AK 99811 GILBERTBANE 304 WILSON ST KODIAK AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 Public Hearing Item 1 -13 P &Z March 21, 2012 STATE OF ALASKA JUNEAU, AK 99811 RAE JEAN BLASCHKA P 0 BOX 649 KODIAK, AK 99615 TONYA BROCKMAN ETAL I7IOTTER AVE KODIAK, AK 99615 CAROLYN STREET, LLC MARY CAULFIELD CHERRIER- KING - CHERRIER 2702 DENALI ST, STE. 100 65174 HIGH RIDGE DR 124 E. 3RD. AVE. # 211 ANCHORAGE, AK 99503 BEND, OR 97701 ANCHORAGE, AK 99501 ELIZABETH CHIESA PO BOX 459 KODIAK, AK 99615 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD. KODIAK, AK 99615 C DAVIDSON FAMILY TRUST P 0 BOX 2097 KODIAK, AK 99615 GARY EMMERT 217 MILL BAY RD KODIAK, AK 99615 CHRISTIAN SCIENCE SOCIETY PO BOX 1697 KODIAK, AK 99615 DALK, LLC 201 CENTER AVE. KODIAK, AK 99615 DANIEL DAVIS PO BOX 420 KODIAK, AK 99615 BRYAN FERRIS 3408 HARLEQUIN CT KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 BENNY DAQUILANEA P.O. BOX 789 KODIAK, AK 99615 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 MIKE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 WILLIAM GAEU MAN WILLIAM HALL HARBOR ENTERPRISES INC PO BOX 8109 3219 E. MOUNTAIN VISTA DR P.O. BOX 389 KODIAK, AK 99615 PHOENIX, AZ 85048 SEWARD, AK 99664 SHIRLEY HEGLIN PD. 130X 1043 KODIAK, AK 99615 TODD HINER P.O. BOX 671 KODIAK, AK 99615 J & D LAND MANAGEMENT, LLC PO BOX 313 KODIAK, AK 99615 Case No. 12 -029 Public Comment Page 4 of 7 12-OR9 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 DANYA I.ESTER ETAL 8003 MARSHA LOOP ANCHORAGE, AK 99507 GERALD MARKHAM 211 MILL BAY RD KODIAK, AK 99615 NATIVES OF KODIAK INC 215 MISSION RD, STE 201 KODIAK, AK 99615 MARY JANE PEDIANGCO 2265 BEAVER LAKE DR KODIAK, AK 99615 LELAND ROBBINS PO BOX 1426 KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 SUPERIOR BUILDING SUPPLY C /O MARVIN POER & CO. 18818 TELLER AVE #277 IRVINE, CA 92612 U'S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE AK 99513 KODIAK OIL SALES INC PO 130X 240108 ANCHORAGE, AK 99524 LAWRENCE MALLOY ETAL 315 MILL BAY RD KODIAK, AK 99615 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 DAVID OLSFN P.O. 130X 163 KODIAK, AK 99615 PETER. RAMAGLIA, TRUSTEE PETER RAMAGLIA, TRUSTEE PO BOX 335 KODIAK, AK 99615 LOWELA C SANTIAGO PO BOX 2606 KODIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 GARY STEVENS P.O. BOX 201 KODIAK, AK 99615 THOMAS THISSEN 2241 FOREST DR KODIAK, AK 99615 VICKI VANEK P 0 BOX 1163 KODIAK, AK 99615 Public Hearing Item 1 -13 P &Z March 21, 2012 GABRIELLE LEDOUX 8859 CROSS POINTELOOP ANCHORAGE, AK 99504 JACK MANN P.O. BOX 245 KODIAK, AK 99615 MK ENTERPRISES; LLC PO BOX 2338 KODIAK, AK 99615 DIOCESE OF SITKA AND ALASKA ORTHODOX CHURCH 114 AMERICA INC PO BOX 210569 ANCHORAGE, AK 99521 BART RIPPEY 318.CAROLYN ST KODIAK, AK 99615 NEIL SARGENT 303 WILSON KODIAK, AK 99615 GREGORY SPALINGER PO BOX 2635 KODIAK, AK 99615 SUNSET DEVELOPMENT CO C/0 FIRST AMERICAN COMMERCIAL.... PO BOX 167928 IRVING, TX 75016 RICHARD P TURVEY 5900 BLUEBELL DR ANCHORAGE, AK 99516 DANIEL WASHBURN 956 MAGNOLIA LN• TACOMA, WA 98465 Case No. 12 -029 Public Comment Page 5 of 7 BRENT WATKINS ETAL 307 CHILDS ST KODIAK, AK 99615 JOEL WIERSUM PO BOX 1676 KODIAK, AK 99615 Public Nearing Item / -8 P &Z March 21, 2012 DEWAYNE WILLIAMS 415 CAROLYN ST KODIAK, AK 99615 Case No. 12 -029 Public Comment Page 6 of 7 Public hearing Item 1 -13 P &Z March 21, 2012 EECEllV! KO .r) ISLAND BOROUGH Ol ATJaMjj'Y VELOPMENT DEPARTMENT 71 • sl! Bay Road, Kodiak, Alaska 99615 Public Hearing Item 7 -13 February 14, 2012 COMMUNITY DEVEIOP W I Qi+ HEARING NOTICE A public hearing will be held on Wednesday, March 21, 2012. The meeting will begin at 6:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 12 -029 Bethan Davis A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off- street parking space, where there is no possible location for an additional off-street parking space. 223 Mill Bay Road R3- Multi - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the arca of the request. 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. Written comments must be received by 5 pm, March 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or in in us you may email your comments to ssmithfdkodiakak.us. If you would like to testify via telephone, please call your comments during the appropriate public hearing section of the meeting. The local call -In telephone number is 486.3231. One week prior to the regular meeting, on Wednesday, March 14, 2012, a work session will be held at 6:30 p.m. the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call at 486- 9363� I I' ,., CL L. ,! ` Your Name: 3&Ae �I-I QS tc Mailing Address: 7✓'1 CLL. 4:jS t» \ICA eti4c Your property description: --4 °I 1 � pp �(I comm: ents HP I�VI�NCC crU 4� be- ex-fl---, l fre- t s e -eV eCTa— WiLeffe 9l .c e_ — ((art Ca k' ,6e- 6Ci-r --R14,0"--A. I r-- —1 I-4C oLo1r31. -ka v3'-- CZV-2GL-. ' j o ` t - m - Q bus i Tess -g-i e e i a - fi e • . S 2 f - r e . . . 7 - o , , - t L o _ - 2 o w . . 2 % w N — over. o loaf -4,1 ev -i'ort t wtt,` -- . n /Jis ti i-44 c ('� W 41 ' 1+-• µMS t ty Vs r t ns t . e -t' v� rt. rKd lit - area.— ckwr -i r .--1-- 2R-0— 0-- 4.--F �7 4 -�r eS - 'e t-t3 / Illi . —e r i 0 (Anal 1 �r- LLw/ Yt l -. .`..1. 4 .Sr C - Co -11c) o..I Co . ill Case No. 12 -029 Public Comment Page 7 of 7 DATE: TO: SUBJECT: CASE: APPLICANT: REQU EST: Public Healing Item / -5 P &Z March 21, 2012 MEMORANDUM March 9, 2012 Planning and Zoning Commission Information for the March 21, 2012 Regular Meeting 12 -029 Bethan Davis A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. LOCATION: 223 Mill Bay Rd. ZONING: R -3 Multi - Family Residential Zoning District Sixty three (63) public hearing notices were mailed on February 14, 2012. One public hearing notice, expressing support for this request has been returned by the date of the staff report. Date of site visit: Various Zoning History: Lot Size: Existing Land Use: Surrounding Land North: Use: Zoning: South: Use: Zoning: East: Use: Zoning: West: Use: Zoning: The 1968 Comprehensive Plan identified this area as Residential R3. The 1968 Comprehensive Plan projected a Year 2000 land use of Central Business District. 4,984 square feet Single - family Residence Use and Zoning: Erskine Add Block 3 Lot 26A Single Family Residence R -3 Multi- Family Residential Erskine Add Block 3 Lot 7 Single Family Residence R -3 Multi- Family Residential Erskine Add Block 2 Lot 25 Single Family Residential R -3 Multi - Family Residential Erskine Add Block 3 Lot 28 Duplex R -3 Multi - Family Residential 5. Comprehensive Plan: 6. Applicable Regulations: Zoning District Zoning District Zoning District Zoning District The 2008 KIB Comprehensive Plan Update designates this area as Urban Residential. The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Case No. 12 -029 Staff Rpt Page 1 of 5 Public Hearing Item 1 -5 P &Z March 21, 2012 KIBC 17.25.030 B DEFINITIONS. "Bed and breakfast (B &B)" means overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation. The operator of the B &B must reside on the premises and the maximum number of rooms that can be rented out is five. In addition to the off- street parking requirements of KIBC 17.175.040 for a single- family dwelling, a B &B with up to two guest rooms must provide one additional parking space; a B &B with three to four guest rooms must provide two additional parking spaces; and a B &B with five guest rooms must provide three additional parking spaces. KIBC 17.85.020 PERMITTED USES The following land uses are permitted in the multifamily residential district: 17.85.020 P Bed and breakfasts KIBC 17.140 EXISTING NONCONFORMING USES AND STRUCTURES 17.140.060 Parking. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under Chapter 17.175 KIBC, as long as the number of dwelling units in the structure is not increased. 17.195 VARIANCES 17.195.030 INVESTIGATION. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings required to be made by the commission shall be specifically addressed in the report. 17.195.040 PUBLIC HEARING AND NOTICE. The commission shall hold a public hearing on each properly submitted application for a variance within 50 working days after the date of the next available meeting agenda deadline. The applicant shall be notified of the date of such hearing. The community development department shall send to each owner of property within a minimum distance of 300 feet of the exterior boundary of the lot or parcel of and described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. 17.195.050 Approval or denial. Within 40 days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and Case No. 12 -029 Staff Rpt Page 2 of 5 Public Hearing Item 1 -13 P &Z March 21, 2012 6. That granting the variance will not permit a prohibited land use in the district involved. 8. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.195.060 CONDITIONS. The commission, in granting the variance, 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 operations 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 ensure that the conditions designated will be complied with. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 APPEALS. An appeal of the commission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within 10 days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. Case No. 12 -029 Staff Rpt Page 3 of 5 Public Hearing item z -B P &Z March 21, 2012 COMMENTS The applicant in this case seeks a relaxation of the parking requirement that the owner /operator of a Bed & Breakfast with accommodations of up to two guest rooms provide one additional off - street parking space. Documentary evidence conclusively establishes that the subject parcel is non - conforming in several respects: deficient land area, yard setbacks (front), and off - street parking. However, it has also been established that the property is a grandfathered nonconformity'. Located in one of the oldest neighborhoods of Kodiak, the immediate neighborhood is zoned R- 3 Multi - Family Residential. Few, if any, of the surrounding properties could be developed to the density allowable by the R -3 Multi- Family Residential designation. In this regard, this enclave of R-3 Multi - Family Residential Zoning represents something of a historical left -over, an anomaly so to speak, and is not typical of the majority of R -3 Multi - Family Residential zoned properties in the Kodiak Urban Area which have been platted and developed in the more recent past. Although there appears to be sufficient land area in the rear yard of the residence to develop one additional off- street parking space, such development is precluded . by the existing pattern of surrounding development. Even in the event that physical access to this area could be gained, the sloping topography of the terrain would mandate extraordinary efforts be expended. As a grandfathered nonconformity, the applicant has several options available when considering an adaptive reuse of the existing single - family residence. The applicant could dedicate two of the under - utilized bedrooms to long -term rental use. The applicant could sell the residence to a larger family. The applicant could expand the existing residence with a view towards selling to an even larger family. Or, the applicant could offer short -term visitor accommodations, as envisioned. In this day and age, it is not a stretch to presume that any of the first three alternatives would entail a greater number of vehicles being located at the residence (by necessity, on the street). The fourth option is the only option which actually requires the applicant to accommodate an increased parking demand. The establishment of a Bed & Breakfast with accommodations for two guest rooms appears to be the option which represents the probability of the least negative impact to the immediate neighborhood. The property is located on the periphery of the downtown Kodiak Core Area, and is within easy walking distance of all major visitor attractions. The Bed & Breakfast concept fits neatlyy within the 2008 Comprehensive Plan Update guidance. The plan outlines a goal of economic diversity; identifies a policy to "encourage and facilitate small business development an Kodiak Island "; and calls for the implementation of actions designed to "support existing and new business in the downtown area ". 1 Appendix pg 1 of 1 Case No. 12 -029 Staff Rpt Page 4 of 5 Public Hearing Item 1 -B P &Z March 21, 2012 RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.195 (Variances) of the Borough Code. Should the Commission agree with staff's recommendation, the appropriate motion is: Move to grant a variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off- street parking space, where there is no possible location for an additional off - street parking space, and to adopt those findings of fact in the staff report dated March 9, 2012, as Findings of Fact for Case No. 12 -029. Staff believes that this motion should be passed. FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The subject property is located in an area developed many years ago, and is not typical of the majority of similarly zoned parcels in land area, lot configuration, and abutting development. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Topographical constraints limit the ability of the applicant to provide an additional off - street parking space in an economical manner. Requiring the applicant to undertake such development would represent an unnecessary hardship. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Other properties in the vicinity share many of the same constraints as the applicant's property and will not suffer material damage or prejudice as the neighborhood already depends extensively on on- street parking. The public's health, safety, or welfare will not be endangered by allowing a permitted use. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan explicitly calls for actions of the type represented by the request. 17.66.050A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicant is acting "before the fact" and seeks no relief from a self- imposed hardship. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. The requested use is a permitted use in the applicable zoning district per KIBC 17.85.020 P. Case No. 12 -029 Staff Rpt Page 5 of 5 Public Hearing Item / -8 P &Z March 21, 2012 Subject Parcel Aerial date: 6/1/80 confirmed grand- fathered nonconforming status Case No. 12 -029 Appendix Page 1 o ECEOVE KO ISLAND BOROUGH O L6,1\MY ' VELOPMENT DEPARTMENT 71 " l 1 Bay Road, Kodiak, Alaska 99615 February 14, 2012 Public Hearing Item 7 -B coMMUNmo wliiil}N ila Ji .HEARING NOTICE A public hearing will be held on Wednesday, March 21, 2012. The meeting will begin at 6:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 12-029, Bethan Davis A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off streetparking_space. -- 223 Mill Bay Road R3- Multi - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 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. Written comments must be received by 5 pm, March 6, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or If you would like to testify via telephone, please call in you may email your comments to ssmithAkodiakak.us. your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, March 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363.� / 1 / r� ^ `! ` ' ' Your Name: 3 V 4ee- _S--) es k.� Mailing Address: .9. I Ci,,.i. US 'DC y Your property description: Comments: 'like Vat( t PiKGe_ 2 I 11 _ p �o t��-1 6 e_ 0-1( of a - (/---. e. re- , ade611-ko. --Ce_ Wa.�KK� cYJ6ce_ —ti-Y ca.. l'‘ Le_ sal Jo„A, -R' G t t- --ta Lax,- area —. n p 1 0 ` r e . A . C r i-ax olA S t` IAesS 4 1 1 C e % - f e , -� 1 r e - e r cut- -_'G 11-12- p I Lot,Jti.+ei�ti -•• O.vCs_ 1S o . . . N-1t f I'}'orl � Wi+L-- -Pi t b j j. p - "t-2 of"N2/ A tin---1. v ` I aim. , t1 b -9 i , t IA- -t f sbAv ry l t wQA 1/;s � - lahu•Lv -� �± � ' it as k c-4 �- Current Location 223 Mill Bay Road P & Z Case 12 -029 Bethan Davis Request a Variance, acco'r ig to°.KIBCt;1Z 17,5.040,,fto allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally requitre the,prov,�ision of one (1) additional off- streerparkingr'spa ce'; where there is no possible location for an additional off - street parking space. Kodiak Island Borough GIS 0 170 Feet 340 t t 680 Legend Ill Subject Parcel 1 Notification Area p was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showin t d general location of a property within the Kadi k Island Borough. p does not represent a survey. More Information about the mapping data can be obtained by contactin t e Kodiak Island Borough IT Department at (907) 486-9333. February 14, 2012 Ms. Bethan Davis PO Box 420 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us Re: Case 12 -029. Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off- street parking space, where there is no possible location for an additional off - street parking space. Dear Ms. Davis: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their March 21, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, March 14, 2012 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486 -9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, fleitsit Qmt3 Sheila Smith, Secretary Community Development Department • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 February 14, 2012 Public Hearing Item 7 -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, March 21, 2012. The meeting will begin at 6:30 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: APPLICANT: REQUEST: LOCATION: ZONING: 12 -029 Bethan Davis A Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off- street parking space. 223 Mill Bay Road R3- Multi - family Residential This notice is being sent to you because our records indicate you are a property owner /interested party in the area of the request. 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. Written comments must be received bv 5 pm, March 6, 2012 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486 -9396, or you may email your comments to ssmith(@,kodiakak.us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call -in telephone number is 486 -3231. One week prior to the regular meeting, on Wednesday, March 14, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486 -9363. Your Name: Mailing Address: Your property description: Comments: i2- (Li -►2, (03 Current Location 223 Mill Bay Road P & Z Case 12 -029 Bethan Davis Request a Variance, according to KIBC 17.175.040, to allow the establishment of a Bed & Breakfast Use for up to two (2) guest rooms which would normally require the provision of one (1) additional off - street parking space, where there is no possible location for an additional off - street parking space. Kodiak Island Borough GIS Feet 0 170 340 680 This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. e AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 WAYNE BAKER 225 MILL BAY RD KODIAK, AK 99615 FILOMENO BRAVO 103 CENTER ST KODIAK, AK 99615 STATE OF ALASKA POUCH Z JUNEAU, AK 99811 GILBERT BANE 304 WILSON ST KODIAK, AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 STATE OF ALASKA JUNEAU, AK 99811 RAE JEAN BLASCHKA P 0 BOX 649 KODIAK, AK 99615 TONYA BROCKMAN ETAL 171 OTTER AVE KODIAK, AK 99615 CAROLYN STREET, LLC MARY CAULFIELD CHERRIER- KING - CHERRIER 2702 DENALI ST, STE. 100 65174 HIGH RIDGE DR 124 E. 3RD AVE. # 211 ANCHORAGE, AK 99503 BEND, OR 97701 ANCHORAGE, AK 99501 ELIZABETH CHIESA PO BOX 459 KODIAK, AK 99615 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD. KODIAK, AK 99615 C DAVIDSON FAMILY TRUST P 0 BOX 2097 KODIAK, AK 99615 GARY EMMERT 217 MILL BAY RD KODIAK, AK 99615 WILLIAM GAEUMAN PO BOX 8109 KODIAK, AK 99615 SHIRLEY HEGLIN P.O. BOX 1043 KODIAK, AK 99615 CHRISTIAN SCIENCE SOCIETY PO BOX 1697 KODIAK, AK 99615 DALK, LLC 201 CENTER AVE. KODIAK, AK 99615 DANIEL DAVIS PO BOX 420 KODIAK, AK 99615 BRYAN FERRIS 3408 HARLEQUIN CT KODIAK, AK 99615 WILLIAM HALL 3219 E. MOUNTAIN VISTA DR PHOENIX, AZ 85048 TODD HINER P.O. BOX 671 KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 BENNY DAQUILANEA P.O. BOX 789 KODIAK, AK 99615 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 MIKE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 HARBOR ENTERPRISES INC P.O. BOX 389 SEWARD, AK 99664 J & D LAND MANAGEMENT, LLC PO BOX 313 KODIAK, AK 99615 ►2- 02c? KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 DANYA LESTER ETAL 8003 MARSHA LOOP ANCHORAGE, AK 99507 GERALD MARKHAM 211 MILL BAY RD KODIAK, AK 99615 NATIVES OF KODIAK INC 215 MISSION RD, STE 201 KODIAK, AK 99615 MARY JANE PEDIANGCO 2265 BEAVER LAKE DR KODIAK, AK 99615 LELAND ROBBINS PO BOX 1426 KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 ST HERMANS THEO SEMINARY 414 MISSION RD KODIAK, AK 99615 SUPERIOR BUILDING SUPPLY C/O MARVIN POER & CO. 18818 TELLER AVE #277 IRVINE, CA 92612 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE, AK 99513 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE, AK 99524 LAWRENCE MALLOY ETAL 315 MILL BAY RD KODIAK, AK 99615 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 DAVID OLSEN P.O. BOX 163 KODIAK, AK 99615 PETER RAMAGLIA, TRUSTEE PETER RAMAGLIA, TRUSTEE PO BOX 335 KODIAK, AK 99615 LOWELA C SANTIAGO PO BOX 2606 KODIAK, AK 99615 SENIOR CITIZENS OF KODIAK 302 ERSKINE AVE KODIAK, AK 99615 GARY STEVENS P.O. BOX 201 KODIAK, AK 99615 THOMAS THISSEN 2241 FOREST DR KODIAK, AK 99615 VICKI VANEK P 0 BOX 1163 KODIAK, AK 99615 GABRIELLE LEDOUX 8859 CROSS POINTE LOOP ANCHORAGE, AK 99504 JACK MANN P.O. BOX 245 KODIAK, AK 99615 MK ENTERPRISES, LLC PO BOX 2338 KODIAK, AK 99615 DIOCESE OF SITKA AND ALASKA ORTHODOX CHURCH IN AMERICA INC PO BOX 210569 ANCHORAGE, AK 99521 BART RIPPEY 318 CAROLYN ST KODIAK, AK 99615 NEIL SARGENT 303 WILSON KODIAK, AK 99615 GREGORY SPALINGER PO BOX 2635 KODIAK, AK 99615 SUNSET DEVELOPMENT CO C/O FIRST AMERICAN COMMERCIAL.... PO BOX 167928 IRVING, TX 75016 RICHARD P TURVEY 5900 BLUEBELL DR ANCHORAGE, AK 99516 DANIEL WASHBURN 956 MAGNOLIA LN TACOMA, WA 98465 BRENT WATKINS ETAL 307 CHILDS ST KODIAK, AK 99615 JOEL WIERSUM PO BOX 1676 KODIAK, AK 99615 DEWAYNE WILLIAMS 415 CAROLYN ST KODIAK, AK 99615 Variance Findings of Fact Criteria 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district. lit is s;vt le foutA.■ l its i cievt+ie k v—t . t i,ks (bu.0 ft ii De%es�fri l cf 3a - i I . Over) tile. e• , e otk hovues have_ bee vt re _ • t clS No .CLL e tcevt ie *Al bi r vto Lo&S tv\ fire s± € t N i LL RW`l D The to Two �s & ,slob s pl beh r tc -f�P kc ue., park ri s �eicQ.S beer! cot cde c re- 1thhJ ou 14b v of •vt % ovueS +h a►ue I� tc use. c�i� �vtc� 3� u,z uct 11 kc - Q+ke�- vies ►ti 2 5 NR_, cS± &rk;►� t s dc.9._ of Lkkd -Fl c� vim.., 6e c i ++ c�� e -1-tu hope is sic [ cl��llc��c ec , a�s luJoccrilori 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; Z� +11e, Yarzavlc Z LJDC S vt0+ iveh, � � Ou V k113 u,D n cQ LJ� 1- covtStCIY dOuov S t ✓t t bV(✓L . 1 �P_t4 irP P tT��c V1 PC r.l t f�� VI�t�CE' IS Oe(r 1,s6o Sq Jet bE - �►et a h kh ip kcXve_ , ,a ve N-t ck t vi )'‘A s u c lk a� � La t-rp e kf t_ 1tk ut-l. -ko GwCri-h uL cQ_ c vi c o eaS i ✓U i vt_ q Ski- n S i vt v . l tvivlQ ros-� �vt +h�. c o � rua.i -file how( a 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare. The, por i 6n MALL i c fr >U ,. ot L.S ve l Unc. u.tc % re. 1S IP y 00A4 c� s-hreQ�t par/di/11 w itikb cc�u,st n tC I s e.� `� it S. r r' -aL c_e ' �J 1 3- I't�.r t c� Q c�.r r � S t P_ [ c� cX. V dz. IA n off" . D ru •. ` �-e_ ko k e +erlr' o r a. l cRx-v e. lc ocQ.v i-i- i vt 1404t . r S V ■ � • • • i •� • � ,� 0j r • lL� h -ems or Uerefrill bum n i c�J h b D u.rS . 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. V\ - -the mart ob'e lives i to incvease, the • -011-Ili a-II c co wik-Fou.sn c v ck batve Tu v s v 'eLv► csz, t v i ll i vi c,ta&e_ l o c oJQ. o crl- rr i c. --Vo ayLci. 0-b-ouvka The (4OuDvi +U3v■ .bus lh4SS� 5i-ores) res ��vt e vt • II • v - 0'0 YIP 5. . -e , • M c ck u- eu-e h e orC be�ikS PrOuidcn .b + ,6' so close -I-t) down will csibo tiekp �3 -set osux tieav st seccsrrn, ou-r koeWs t ikvis are Su.11 . 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. 't Ftis vari once is be-ty ►, pe +i-1 oriect 1.becc* use The ouovikv. bi l►+ • -fie►. e ho awry octiaLk Char hi.si-Itur -b rear -l-, e o l-t_ L>.;1ko ark ecQ er +o lec .r-ri wl4c± c� is t& w l�c� s c1fe.r. 6. That granting the variance will not permit a prohibited land use in the district involved. he mowers ko►tice ►s zovec R3 anc *tie p r-F LS l'�l r tlge use . _ 3 +$ i as a er i- fie o Lts Q 17 ° u', 0 20 1AL Dave_ 2 uest room En ancQ -thecf4Dr-ye nest o 1Yle � a O spp g t■v p a ii 4 WP_ Cokvivtek CO tul t -F%►is 01 1 P J -1n a.44 r f(t v *LAS older fume., h . B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. Revised July 2010 Page 1 of 2 Beth Davis From: "Beth Davis" <bethd©gci.net> To: <bethd@gci.net> Sent: Tuesday, February 14, 2012 11:15 AM Attach: 227.jpg; 228.jpg Subject: Emailing: 227, 228 Your message is ready to be sent with the following file or link attachments: 227 228 Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. as= .. .... ..... Lffill1,111111 2.as rkAILL 1/4,1 S � UI FEB 1 5 2012 ,J COMMUNITY DEVELOPMENT DEPARTMENT 2/14/2012 Page 2 of 2 ,L),3 (LL 861 qbv\-Ae- ECEIN FEB 1 5 2012 COMMUNITY DEVELOPMENT DEPARTMENT 2/14/2012 Beth Davis Page 1 of 1 From: "Beth Davis" <ps119v165 @yahoo.com> To: <bethd@gci.net> Sent: Tuesday, January 31, 2012 3 15 PM Attach: photo.JPG Subject: Rt 1 fer , Sent from my iPad LD,_,,,,iicort k6-u4k, 2 (tSivket (pceYicti"q sioucvo Ifry beAWee71 225 r JZ 2 3 1/31/2012 Page 1 of 1 Beth Davis From: "Beth Davis" <ps119v165@yahoo.com> To: <bethd@gci.net> Sent: Tuesday, January 31, 2012 3:16 PM Attach: photo.JPG Subject: TFT Sent from my iPad fvw Ater a±ck sdv48Lt .-0 kcuse 1/31/2012 As r • C.4Alac 0R4 C4 • S 100.71. ekt_r. iggrwmms Watts* Is he PliessIns and .fl rt I • Receive a Apparaset tilt - Ch a.j. 1 f 0 ff fffr This fi IC welly Me ex how pit. le °Hy sppeccesitt In •acentr. *NM Abe*. 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Eckiand .JSI 0 NO. 163$4 r t'$4 `0 \ti RdFESSi6NAi\r'410 • I heat y canlfy h. t runa ycd•ths following daacr be 1pr. opertyi Lo>t 27. b%ct Fvskrne So y -445. Sarre 56Z ,jp/a7ygz.eo- ` A-- 0: . ice. se S and that the Improvement. druatcdthereon arc within the property Ran d do not overlap or encroach on the property lying adjacent thereto, that no tmptdvcmcnte an pcopeny lying adjacent thereto encroach on • the premba> in gocn;un and that there an. no roadway.. tanunis. don lino or other vidble easements on said property except as indi- cated hereon. Dated th6 day of 19 ROY A. ECKLUND Rc &nered land Surveyor sale: / " 20 fee?' I Dram by; 3. r4US IJ'/bwd Date: /5 ME( RS -PRAWW FROM 4S•$O,zr PEP yZ /Z0p'76 ly /S KODIAK ISLAND SO _.UGH - COMMUNITY DEVELOP.. NT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kib.co.kodiak.ak.us Applicant Information &MAO a ©V3\ 5 Property owner's name Property owner's mailing address lad) Irk_ ?irk C 6I(5 City State Zip 5'31- 14-14. Home phone Work Phone E -mail Addr. bed6�r�ci.ne Agent's name (If applicable) Agent's mailing address City Stale Zip Home. phone Work Phone E -mail Addr. Property (Information R. t I 1.1-00 8027 0 290 MAI my Property ID Number /s Lam- 27A , lk 3 C- N)E ,Su ) Legal Description {� 2 Current. Zoning: tZ. 3 . Applicable Comprehensive Plan: 19 7 Year of Plan adoption: Present Use of Properly: Petu.tvxl,._(�uctfrt'ct'-tQQ er tt1e re riaut,1`c�r ��X ,ycurIc( vac SrpCtCQJ Pro osedUse of Propert : I )DCxtt 'i .b -I- ark ha\ .hckcQ eat a . ' 0 u SeQ, xitia sLed- (Note: Use additional sheets, if needed, to provide ,a complete description of the proposed request.) Applicant Certification I hereby certify as the property owner /authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which Includes a detailed site plan for variance and conditional use requests and which may lncludgoptionai supporting documentation as indicated below. Additional Narrative /History t! As -built Survey v Photographs Maps _ Other Property Owner's Signature 12. Date Authorized Agent's Signature Date 1 A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, (01993 by Rutgers University) Code Section(s) Involved: STAFF USE ONLY 1 D'tl v . Variance (KIBC 17.66.020 50.00 Conditional Use Permit (KIBC 17.67.020.B) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change from to (KIBC 17.72.030 and 030.C)' Application received by:/ Staff signature 12 -Oz'C PAYMENT VERIFICATION (per KIB nssemb1 Rest) dit 6101: -te lintosi Kodialclslanaboro PrOantglanne Applicable Kodiak Island floraugh Cade Apnlleattod Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are pernined subject to approval bythe co for consideration shall, hi submitted to the community development department with a site plan.... ion, an :application* . Variance 17.66.020 Application. An applieabonfm a variance may be filed by a property owner or his authorized- agent. The application shall be made on the community development department and accompanied by the required fee and site All applications shall be available for public inspection. - a 17.66.050 Approval or denial. "...A. Approval. If it is die finding of the commission, after consideration of the investigator's report and receipt oftestimony'at the „ I public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: I. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. Thal the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3, That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the pubiiek health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive 5. That actions of the applicant did not cause special conditions or financial hardship or'inconvenience from which relief is being sought by a variance; and G. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 1746.060 Conditions. The commission, in granting the variance, 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 operations 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 ensure that the conditions designated will be complied with. p Conditional Use 1747.020 Applicationand fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided. The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 1747.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted With the application, together with other information as maybe required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A, That the conditional use will preserve the value, spirit, character and integrity of the surrounding area; • 13. That the conditional use fulfills all other requirements of this chapterpertaining to the conditional usd in question; C. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; ' D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section; E. If the permit is fora public use or stmemre, the commission must find that the proposal use or structure is located in a manner which will maximize public , benefits. • • 17.67.060 Stipulations. In recommending the granting of a conditional use, the commission shall stipulate, in writing, requirements which it finds necessary to carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, . require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with surounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. • Public Use Land Zone 17.33.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: Zero Lot Line Development - . 17.34.090 Site plan requirement Developments of more than three (3) common -wall structures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. jfoundarvAmendmem tBazoninrl 17.72.030 Manner of initindon. Changes in this title may be initiated in the following manner: A. The assembly uppnt'ts own motion; ' B. The commission upon its 'own motion; and ' C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 N: \CD \Templates \ComDev \Revised F -CUP Variance Application.doc