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ERSKINE ADD BK 3 LT 28 - VarianceQ'T ke---772a4n 4-tar igk. 1:-f- ktc ..ces b .v5 a "P -)'citexIS Or\ ZY14‘ cAtr--e To Ron and Judy Acarregui 223 Mill Bay Rd Kodiak Alaska 99615 Certified. Mail 4 P 317 903 210 Mr. & Ms. Acarregui BUILDING DEPOTMENT POST OFFICE BOA 1397, KODIAK. ALASKA 99615 TELEPHONE (907) 486-8070 FAA (907) 486-8600 11/19/93 This letter is to confirm conversations with Mr. Acarregui on 6/10/93 and Nick Ballard on or before 8/2/93. I issued building permit # CB93052 to Mr. Acarregui as a single family residence because the sewer moratorium does not allow any increased density on an existing lot.Your variance # 92-028 increased the allowable density on your lot from a single family residence to a three family residence. The intent was to build the building as a single family residence to be converted to a tri-plex once the moraitorium was lifted and to pay additional connect fees and update the building permit to tri-plex status at that time. The cost of the building permit would be the same whether the building is a SFR or a Triplex. During the plan review process it was determined that a R1 occupancy (tri-plex or larger) more than two stories in height shall not be less than one-hour construction throughout. This was brought to Mr. Ballards attention some time in early August. The options were, to reduce apartments from three to two, construct a one-hour building, or to install a sprinkler system in leu of one- hour construction. Mr. Ballard was of the opinion to convert the building to a duplex to avoid the one-hour construction requirements. You are still limited to a single family residence until the sewer moratorium is lifted. If you have any questions or if I can be of any assistance feel,free to call me at 486-8072. cc: Gary Bloomquist, City Manager. Leonard Kimball, Building Official. Doug Math (14 Assistant Bui1dTiDfficia1 City Of Kodiak KODIAIC ISLAND BOROUGH Community Development FEE: t1u t u 710 Mill Bay Road (Rm 205), Kodiak, Alaska 99615 -6340 - Phone: (907) 486 -9362 Z O N 1 NG COMPLIANCE PERMIT Permit #: z- �f 3 — (3 3 3 ■ �. Property Owner /Applicant: • # • ,1 . i ' LA / t ._�, ) Number a d size of parkin paces required (onsite id tification of parking spat s is r ired - Yes: No:, ) Mailing Address: ROA ir2 d Phone: J 6 9 / xt�i / IT s (r1 ` 7 7 . a e pCI ?,4.4.11 ` 1 2. Legal Description: a / 2 f k. G c , _ /Q 5u Off -street loading requirement: N A Street Add'ss: z�' "F ' c -7- -'= Q Tax Code #:R11 %.0 Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): 3. Description of Existing Propertyicurrentzoning: R3 rig,OF ND'VQ Minimum Required Lot Area: 7g_07) L fr Width: 618 1 Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): Actual Lot Area: 53 8 r 7p Width: A-' iii ! / / ct Minimum Required Setbacks: Sides: S/ } Front: 2S' Rear: AO 1 Coastal Management Program Applicable Polices (check appropriate category) - Residential: k Business: Maximum Building Height: 3, Industrial: Other (list): Use and size of existing structures on the lot: r// ICAII)r- Is the proposed action consistent with the KIB Coastal Management Program? - Yes: No: / If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: k 4. Description of proposed action (attach site plan): P1-1/ ` r VQ r ut n et f„1, "'dam . Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to ve entifiable car lZtLpV1L9 markers in place in the field for verification of setbacks. • By: G14 Date: S O y f3 Title: ad Supporting documents attached (check): Site pla As -built survey: Other (list): 0000030 000004371 VVV 5/04193 14• PP. i% Bri / PAID 10.00 ZCP Date: /� Title: 02 713 FREE FORM LINE it . Community Development staff for zoning, by: /.I1 i _.,_L4` 7. Fire Chief [City of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10.207 and 10.301C) by: Date: $. Driveway Permit (state, City of Kodiak, Borough) issued by: Date: 9. Septic system PLAN approved by: Date: Distribution: File / Building Official / Applicant /AssessingTHIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED July 1992 Judith Acarragui 223 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 November 19, 1992 RE: Case 92-028. Findings of fact for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, permitting a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width (postponed from the October 21, 1992 regular meeting). Dear Ms. Acarragui: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 18, 1992, adopted the following findings in support of their October 21, 1992 decision to grant the request referenced above: 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 exceptional condition applicable to the property in this case is largely a perceptual one. The lot, although located in a R3--Multi- family Residential zoning district, is nonconforming due to a lot area of 5,499 square feet. The applicants believe they are entitled to develop a triplex on the lot if they can meet the applicable zoning requirements regarding setbacks, off-street parking, etc, regardless of the lot area. Nonconforming lot size is an exceptional condition that does not generally apply to other properties in the same land use district. In addition, the size of this lot is smalled due to a Right-of-way taking. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Kodiak Island Borough Judith Acarragui November 19, 1992 Page Two Strict application of the zoning ordinances does not permit the construction of a triplex on a nonconforming lot in the R3--Multi-family Residential zone. The code requires at least 2,400 square feet per dwelling unit in the R3--Multi-family Residential zoning district to permit the development of a triplex. This would result in practical difficulty and unnecessary hardship as the applicants believe that they are entitled to build a triplex in a R3--Multi-family Residential zoning district. Lot 28 has only 1,833 square feet per dwelling unit. The applicants are deprived of reasonable economic use of the land by the strict application of the code. 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. Granting of the variance will not be prejudicial to other nonconforming lots in the vicinity. Anyone may pay $175.00 to request a variance and have their request similarly considered by the Commission on a case- by-case basis. In addition, this area has other existing multi-family dwellings on non-conforming lots. If the proposed triplex meets all other applicable codes, it will not materially damage or prejudice other properties in the vicinity or be detrimental to the public's health, safety or welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan identifies this area as Central Business District. Present commercial zones allow for multifamily residential development (with certain limitations). 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Kodiak Island Borough Judith Acarragui November 19, 1992 Page Three The applicants have not caused special conditions or financial hardship from which relief is required by variance. This request will be decided before triplex development begins. It is relevant to note that a Right-of- way take has caused hardship which is not the making of the applicant. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Triplexes are a permitted use in the R3--Multi-family Residential zoning district. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9362. Sincerely, Eileen Probasco, Secretary Community Development Department isikt The motion was seconded and CARRIED by unanimous roll call vote,, - a Proposed amendments to fi9tle 16 (Subdivisions) of the Borough Code to provide procedures for right -of -way acquisition platting. ^' DUANE DVORAK indicated a individual public hearing notices were mailed for this case as i(is a borough wide proposal. Staff recommended the Commissionpostpone action on this request and schedule it for another public hearing at the December 1992 regular meeting. �. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER FRIEND MOVED TO POSTPONE ACTION on this case and schedule it for another public hearing at the December 16, 1992 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. J) Proposed amendments to Title 16 (Subdivisions) of the Borough Code to provide for the platting of "commercial tracts" for phased large scale commercial developments. DUANE DVORAK indicated 0 individual public hearing notices were mailed for this case as it is a borough wide proposed code change. Staff recommended the Commission postpone action on this request and schedule it for another public hearing at the December 16, 1992 regular meeting. Regular Session Closed. Public Hearing Opened: Toby Cook appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO POSTPONE ACTION on this request and schedule it for another public hearing at the December 16, 1992 regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS P Fr Z Minute& November 18, 1992 Page 11 of 14 A) Review of a 1988 Planning and Zoning Commission decision, determining that a small scale fish processing plant is similar to permitted uses in the B-- Business Zoning District DUANE DVORAK indicated that he felt the Commission should spend a portion of a worksession discussing this case further before making a decision. COMMISSIONER FRIEND MOVED TO POSTPONE ACTION on Old Business Item A, until the December 16, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. 13) Case 92 -028. Findings of fact for a use variance from Section 17.36.030 (Non - conforming Lots of Record) of the Borough Code, permitting a triplex to locate on a non - conforming lot of record (containing 5,499 square feet) in the R- 3- -Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width (postponed from the October 21, 1992 regular meeting). COMMISSIONER FRIEND MOVED TO ADOPT the findings contained in the staff report dated November 3, 1992 as "Findings of Fact" for this case. COMMISSIONER HEINRICHS MOVED TO AMEND the proposed findings to include additional information as noted: FINDINGS OF FACT 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 exceptional condition applicable to the property in this case is largely a perceptual one. The lot, although located in a R3-- Multi - family Residential zoning district, is nonconforming due to a lot area of 5,499 square feet. The applicants believe they are entitled to develop a triplex on the lot if they can meet the applicable zoning requirements regarding setbacks, off -street parking, etc, regardless of the lot area. Nonconforming lot size is an exceptional condition that does not generally apply to other properties in the same land use district. In addition, the size of this lot is smaller due to a right -of- way take by the Alaska Department of Transportaion. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances • does not permit the construction of a triplex on a nonconforming lot in the R3-- Multi - family Residential zone. The code requires at least 2,400 square feet per dwelling unit in the R3-- Multi - family Residential zoning district to permit the development of a triplex. This would result in P & Z Minutes: November 18, 1992 Page 12 of 14 practical difficulty and unnecessary hardship as the applicants believe that they are entitled to build a triplex in a R3-- Multi - family Residential zoning district. Lot 28 has only 1,833 square feet per dwelling unit. The applicants are deprived of reasonable economic use of the land by the strict application of the code. 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. Granting of the variance will not be prejudicial to other nonconforming lots in the vicinity. Anyone may pay $175.00 to request a variance and have their request similarly considered by the Commission on a case -by- case basis. In addition, this area has other existing multi-family dwellings on non- conforming lots. If the proposed triplex meets all other applicable codes, it will not materially damage or prejudice other properties in the vicinity or be detrimental to the public's health, safety or welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan identifies this area as Central Business District. Present commercial zones allow for multifamily residential development (with certain limitations). 5. That actions of the applicant did not cause special, conditions or financial hardship from which relief is being sought by the variance, The applicants have not caused special conditions or financial hardship from which relief is required by variance. This request will be decided before triplex development begins. It is relevant to note that a right - of -way take has caused hardship which is not of the applicants making. 6. That the granting of the variance will not permit a prohibited land use in the district involved, Triplexes are a permitted use in the R3-- Multi- family Residential zoning district. The motion was seconded and CARRIED by unanimous voice vote. ere was no further old business. VIII. NEW BUSINESS There was no new business. P & Z Minutes: November 18, 1992 Page 19 of 14 IX. • COMMUNICATIONS COMMISSIONER HEINRICHS MIIVED TO ACKNOWLEDGE RECEIPT of items A through E of communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter dated October 28, 1992 to Carl and Lisa Brewer from Bob Scholze, RE: Junk vehicles on Lot 6, U.S. Survey 3466. B) Letter dated November 3, 1992 to William Bishop from Bob Scholze, RE: Lack of required parking on Lot 18, Block 3, New Kodiak Subdivision (330 Shelikof Street). t C) Letter dated November 6, 1992 to Michael Rasmussen from Bob Scholze, RE: Illegal accessory buildings in Rasmussen Mobile Home Park, Tract W, U.S. Survey 3218. D) Approved minutes from the August 25, 1992 Kodiak Island Borough Parks and Recreation Committee meeting. E) Letter dated November 10, 1992 to Fields Revocable Trust from Bob Scholze, RE: Building, without permits, Illegal dwelling and junkyard on Tract K, Russian Creek Subdivision. • i There were no further communications. R. REPORTS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of items A and B of reports. The motion was seconded and CARRIED by unanimous voice vote. A) Community Development Department Status Report September, 1992 B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIR ASPGREN adjourned the meeting at 10:35. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: y Jon re▪ n, C• hair ATTEST By: Eileen Probasco, Probasco, Secretary Community Development Department DATE APPROVED: December 16, 1992 ■ • 11.1 P & Z Minutes: November 18. 1992 Page 14 of 14 Judith Acarragui 223 Mill Bay Road Kodiak, Alaska 99615 Fir .1: 1_ 773 rt.0 wan ibieffiu DUI atig 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 November 12, 1992 Case 92-028. Findings of fact for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, permitting a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width (postponed from the October 21, 1992 regular meeting). Dear Ms. Acarragui: Enclosed please find a copy of the materials, concerning the above referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review worksession held Wednesday, November 11, 1992. If you have any questions or comments, please contact the Community Development Department. Sincerely, Eileen Probasco, Secretary Community Development Department enclosures DATE: TO: FROM: SUBJECT: Kodiak Island Borough CASE: APPLICANT: REQUEST: LOCATION: MEMORANDUM November 3, 1992 Planning and Zoning Commission Community Development Department Information for the November 18, 1992 Regular Meeting Old Business Item VII-B 92-028 Judith (Fitzgerald) Acarregui Findings of fact for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, permitting a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width (postponed from the October 21, 1992 regular meeting.) Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive ZONING: R-3--Multi Family Residential BACKGROUND The • Kodiak Island Borough Planning and Zoning Commission reviewed this case on September 16, 1992. The Commission then granted a one month postponement, as requested by the applicants, and rescheduled this case for a new public hearing on October 21, 1992. At the October 21, 1992 regular meeting, the Commission approved the above referenced request. Approval is subject to one (1) condition, that the applicants submit a viable parking plan for approval by staff before construction of the triplex. The Commission deferred findings of fact until the November 18, 1992 regular meeting to allow staff to draft findings of fact in support of the Commission's decision in this case. FINDINGS OF FACT 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. Case 92-028 Page 1 of 3 P & Z: November 18, 1992 Old Business Item VII -B The exceptional condition applicable to the property in this case is largely a perceptual one. The lot, although located in a R3-- Multi- family Residential zoning district, is nonconforming due to a lot area of 5,499 square feet. The applicants believe they are entitled to develop a triplex on the lot if they can meet the applicable zoning requirements regarding setbacks, off - street parking, etc, regardless of the lot area. Nonconforming lot size is an exceptional condition that does not generally apply to other properties in the same land use district. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances does not permit the construction of a triplex on a nonconforming lot in the R3-- Multi - family Residential zone. The code requires at least 2,400 square feet per dwelling unit in the R3-- Multi - family Residential zoning district to permit the development of a triplex. This would result in practical difficulty and unnecessary hardship as the applicants believe that they are entitled to build a triplex in a R3-- Multi - family Residential zoning district. Lot 28 has only 1,833 square feet per dwelling unit. The applicants are deprived of reasonable economic use of the land by the strict application of the code. 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. Granting of the variance will not be prejudicial to other nonconforming lots in the vicinity. Anyone may pay $175.00 to request a variance and have . their request similarly considered by the Commission on a case - by -case basis. If the proposed triplex meets all other applicable codes, it will not materially damage or prejudice other properties in the vicinity or be detrimental to the public's health, safety or welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan identifies this area as Case 92 -028 Page 2 of 3 P & Z: November 18, 1992 Old Business Item VII-B Central Business District. Present commercial zones allow for multifamily residential development (with certain limitations). 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The applicants have not caused special conditions or financial hardship from which relief is required by variance. This request will be decided before triplex development begins. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Triplexes are a permitted use in the R3--Multi-family Residential zoning district. RECOMMENDATION Staff recommends that the Commission adopt findings in support of its decision to grant this variance. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Case 92-028 Move to adopt the findings contained in the staff report dated November 3, 1992 as "Findings of Fact" for this case. Page 3 of 3 P & Z: November 18, 1992 Judith Acarragui 223 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Bo' ough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 October 28, 1992 RE: Case 92-028. Findings of fact for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, permitting a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width (postponed from the October 21, 1992 regular meeting). Dear Ms. Acarragui: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their November 18, 1992 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, November 11, 1992, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, pc Eileen Probasco, Secretary Community Development Department .111-A R • 710 MILL BAY ROAD (".-^ KODIAK, ALASKA 99615 -6340 PHONE (907) 486 -5736 KodiakistandBorough 44`''r -tZ October 22, 1992 Judith Acarregui 223 Mill Bay Road Kodiak, Alaska 99615 RE: Case 92 -028. Request for a use variance from Section 17.36.030 (Non - conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non - conforming lot of record (containing 5,499 square feet) in the R- 3- -Multi Family Residential Zoning District, . where only a single family dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). Dear Ms. Acarregui: The Kodiak Island Borough Planning and Zoning Commission at their meeting on October 21, 1992, granted the use variance request cited above, subject to the following conditions: 1. The applicant must provide a plot plan, including parking designation that would meet the requirements of the Borough Code. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) working days following the decision. Kodiak Island Borough Judith Acarregui October 22, 1992 Page Two Failure to utilize this use variance within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter when you come to our office to obtain zoning compliance for any construction on the lot. The Commission postponed findings of fact until the November, 1992 regular meeting. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9362. Sincerely, Eileen Probasco, Secretary Community Development Department home court. A rezone of Lot 16A-2 to R2--Two-family Residential is consistent with the original rezone of the lots surrounding it to R2. Therefore, the request is generally consistent with the comprehensive plan and fulfills the objectives of the comprehensive plan to the same extent as the surrounding lots. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS returned to the meeting. B) Case 92O28. for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). DUANE DVORAK indicated 43 public hearing notices were mailed for this case and 5 were returned, 4 opposing, and 1 stating non-objection to this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: Judith Accaragui, property owner, appeared before the Commission and expressed support for this request. Scott Arndt appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS expressed concern for adequate parking on the lot if the proposed triplex were built, and suggested that a condition of approval could be added to ,address that concern. COMMISSIONER BONNEY MOVED TO GRANT a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non- conforming lot of record (containing 5,499 square feet) in the R3--Multi-family Residential zoning district, on Lot 28, Block 3, Erskine Subdivision. The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to include one condition of approval: 1. The applicant must provide a plot plan, including parking designation, that meets the requirements of the Borough Code. P & Z Minutes: October 21, 1992 Page 4 of 6 Janice Finlay appeared before the Commission and expressed opposition to this request, and presented the staff with a petition containing 18 signatures of surrounding property owners, also opposing the request. Public Hearing Closed. Reiu ar Session Opened. COMMI IONER FRIEND expressed concern about the mention of the re tricted access provided o the lot proposed for rezoning. UANE DVORAK gave a brief history of the subdivision o ot 16A and the resulti g plat. COMMISSIONER RIEND MOVED T9 RECOMMEND that the Kodiak Island B ough Assembly approve a rezone, in accordance with Se tion 17.72.030 (Manner of Initiation) of the Borough Code, of ot 16A-2, U.. Survey 3099, from RR1-- Rural Residential One to R2--Twrfamily Residential and to adopt the findings contaned in the staff report dated October 12, 1992, as "Findings of1act " fo this case. FINDINGS OF FACT 1. Fin n Ne d 'on for ch e or Amendment. The rezone of Lot 1 A-2, USS 3099, from RR1--Rural Residential One ts, R2-- o-family Residential is necessary and jus fled be use the R2--Two-family Residential Zoning 'strict permits development that: A. is generally fonsistent with\the development trends in this area; B. is suitabl for the property, given the physical characte stics and location of e lot; C. » will no create any nonconformin, d uses on the lot ide tified for rezone. D. is c nsistent with the existing d anticipated fut re development of this area. E. not significantly impact the traffi volume or patterns of the area. 2. F o th Eff t Ch Am n ent woul have on the Objectives of the Comprehensive I The 1968 comprehensive plan identifies this area for Mobile Home Courts. As noted in the staff report for the rezone of the surrounding lots to R2--Two-family Residential, R2 zoning is perceived to have a lower density of development and would be more compatible with development in the surrounding area. The lot is too small now, after being subdivided, to support a mobile P & Z Minutes: October 21, 1992 Page 3 of 6 The AMENDMENT was seconded and CARRIED by a roll call vote of 44. COMMISSIONER BONNEY voted NO. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. Findings of fact for this case were postponed until the November regular meeting. OLD BUSINESS There was no old business. VIII. NEW BUSINESS A) Proposed draft code section to create a procedure to permit right-of-way acquisition under Title 16 (Subdivisions) of the Borough Code. DUANE DVORAK gave a brief history of this proposed code change. Staff recommended the Commission review the draft of proposed changes at a future worksession and schedule this item for a .public hearing at the next regular meeting. COMMISSIONER FRIEND MOVED TO INITIATE the development of a new chapter of Title 16 (Subdivisions) of the Borough Code, establishing a procedure to permit tight-of-way acquisition, and schedule this item for public hearing at the November 18, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. B) Proposed draft code section regarding Flood Damage Prevention and establishing review criteria and procedures under Title 17 (Zoning) of the Borough Code. DUANE DVORAK gave a brief history of this proposed code addition. Staff recommended the Commission review the draft of proposed additions at a future worksession and schedule this item for a public hearing at the December, 1992 regular meeting. COMMISSIONER HEINRICHS MOVED TO INITIATE the development of a new chapter of Title 17 (Zoning) of the Borough Code, establishing review criteria and procedures for Flood Damage Prevention, and schedule this item for a public hearing at the December, 1992 regular meeting. The motion was seconded and CARRIED by unanimous voice vote. IX. COMMUNICATIONS COMMISSIONER FRIEND MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. P & Z Minutes:1 October 21, 1992 Page 5 of 6 A) Letter dated October 2, 1992 to Nick and Theresa Brigman from Eileen Probasco, Secretary, RE: Notification letter on Case 92-019. B) Letter dated October 2, 1992 to Bill Magnuson, from Bob Scholze, RE: Lot 5, Block 7, Monashka Bay Subdivision, property clean-up. C) Letter dated October 9, 1992 to William Bishop from Marcella Da lke, City of Kodiak Clerk, RE: Notification of results of Appeal on Case 92-018. D) NOTICE (to be placed in Borough Newspage, and mailed to individuals who have been granted exceptions) concerning possible deletion of KIBC Section 17.65 Exceptions, from the Borough Code. There were no further communications. X. REPORTS COMMISSIONER HEINRICHS MOVED TO ACKNOWLEDGE RECEIPT of item B of reports. The motion was seconded and CARRIED by unanimous voice vote. B) Community Development Department Plat Activity Report. There were no further reports. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT VICE CHAIR HODGINS adjourned the mecting at 9:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION ATTEST By: Eileen Probasco, Secretary Community Development Department DATE APPROVED: November 18, 1992 P & Z Minutes: October 21, 1992 Page 6 of 6 2 to� 4 v I1 z9 3 Z Z ?J /nor / Li Nib LBT Z7 r'-K 3 pA arM - iiiT = WT z & a rZS K t tJ LAct\c �U 1 -MIPL X cc-T z i9�z I.—©T Z 3 l-4 1IJ J 1 3 Q a rr fw • v,scAlreio .11 1 (Wx/frr?. 2 3 FANAIK r-16-- 5 20 Fr Lo-r- 5L-, 5 Ei-sr<st•JJ.- /a.c,444/Zda-lif T czare.,41_1:, (54141 .547 FT) 4' ado- D C-014 Je.-OPE CFsit.sr (1 II& la FT - i-cfr 8 LK. 3 13 /ZS p4 -o-'L c•Aveg. 9Z =14 a's. 7— Le27 a 4- eti-r.3 • EIZ-51c/t4e. "rico= ea 0 st4cm AGA precce. / Ftrm c,etzA,D Lel— 77 /31.- .ae-5/1.1 lt_C- OrVe P-1,241, JO" {6' I (to' lithilAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 21, 1992. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only_ a single family dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). This notice is being sent to you because our records indicate you are a property owner 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9374. One week prior to the regular meeting, on Wednesday, October 14, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486-9362. Your Name: :Me K .1"...*Nt.W1 MANIO Moiling Address:20X 245/Kos-Aw Av, Your property description: "'Cleo jf41 IR 00 **a IR1/451 %AP, RNMVJ a LOQ Comments: 0,-)F, (Z) PPe6F; Vie: 236n.in N.r-C nr mittS u6E) ki Nal PfN.Pc% ,. OUR (WPCD6 (TWO 16 VoA6--O of.) -rtr1/4-6 Pii112x1t.1 P(Zoe)Levt. (11T Looci,Lf)--04QrcitTE--- Aoo Ttil\-1" TtiE: ki Pt12. Pcc..) - Pi-icr-i) F0(2 1- N:loy ..-E.1-1-:id aose To corWaelivtivJ, /.2z-' e '77hil Ii7,) r. ro----7-p----,:,----, 1 r''.- ----4---ti Will ocr i .,......... 111111 0 i u I 1 L GOIVillITI _og_,,,J,T;vitiVril4"1 46 47 58 319 202 202 8 USS 562 CASE 92-028 LOT 28, BLOCK. ERSKINE SUBDIVISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES K6A-0-IAK ISLAND BORG-UGH COMMUNITY DEVELOPMENT DEP 710 Mill Bay Road, Kodiak, Alaska 99615 JJ)- Puj1 Hearing Item VI-B PUBLIC HEARING NOTIL 1_1EOCT I 5 i992 1.)FPARTMINIT A public hearing will be held on Wednesday, October 21, 1992. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only _ a-single farailY dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). This notice is being sent to you because our records indicate you are a property owner 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 Departrnent Drier to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9374. One week prior to the regular meeting, on Wednesday, October 14, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486-9362. Your Name:aRe4.€ 1VINO mRKikl Mailing Address: -P,0 .130X 2451(YODIDne Your property description: 1...C7c9N Fin, 57 k ,5g -ER.sKIKE., iNporTi Comments: (.1c) F. COR'')E-E. MC-, e4 l.410C, Cif T1-113 i .16 0-12,104--r-; 'WE. L ("0 tan-WM) i El ORA-4 LIAkfM ELY-NAN-I 'FOE' i . .._, F i l i v I V : _ q D U k, N I C 5 TOT P t I - R a c k _ c _ - C , - A 1-4-\ -F13iMILI .DWriklik 1•1-- 111511.efA0QUI 1\CIT10321:cjidr2____ fl-NIO o0-Firtzt---Ek PAI2Ku.ir., (Joni 1L RAck--, A Cac-111-- mi ton,c-Ei or cARs oc.) REzkNaoF vRt\iv IQ Picli PiRc-A L01,462r, Tbrei-i P■urt--Poy IA VATI---1_ PP,c)8thvl kKI Ilit, Luikrv62--iim -13-ColtusF, 0E---Wif, sTEEP c2-PioE . C flize sLAPPI 5L-‘0\ 4:3`( Tite] -TA vvke -n-te/ R.:- Xi4 TI1k TOP oF --m-E, \-ttu_ (b.'s° VVVE, A-k \C64 -vG,-)-, Nu2e,s0,1 clAs IA ReO5U.W\ eiLn\QAt\G "CRC: 61\10u) al kVA, F-(0n4 T1- R10-6 :--- V? tiPt__64 PPriatkle, I .1,10-tu) OKIL,q' 0-01\itilcia.i) Ili CS Pao ot_6,4 , (Vs Lcsa,-- Ea t-3 (31112-..e: .• .----- ---...- , FeDeAr:MG c;. Re'-ziWo DUK, wouLv PEA0i-k pIN) kkyz...c. 202 8 USS 562 S 2537B CASE 92-028 LOT 28, BLOCK.; ERSKINE SUBDIVISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES z'.%l -: 2Sc voc3) COMMUNITY DEVELOPMENT. '" ' - DEPARTMENT - Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 :61s. I...ES & • 4„, 144,, visqr -• „ N [1 N ri LJ OCT 1 4 1992 2J COMMUNITY DEVELOP4:ENT DEPARTMENT Judith Fitzgerald 223 Mill Bay Road Kodiak, Alaska 99615 ; Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 October 1, 1992 RE: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. Dear Ms. Fitzgerald: The Kodiak Island Borough Planning and Zoning Commission at their meeting on September 30, 1992, postponed action on the request cited above, and scheduled it for another public hearing at their October 21, 1992 regular meeting. If you have any questions about the action of the Commission, please contact the Community Development Department at 486-9362. Sincerely, 1- Eileen Probasco, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI-13 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 21, 1992. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R-3--Multi Family Residential Zoning District, where only a single family dwelling is permitted due to substandard lot area and width. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). This notice is being sent to you because our records indicate you are a property owner 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 vrior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486-9374. One week prior to the regular meeting, on Wednesday, October 14, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486-9362. Your Name: Mailing Address: Your property description: Comments: • Judith Acarregui 223 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 30, 1992 RE: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (postponed from the September, 1992 regular meeting). Dear Ms. Acarregui: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their October 21, 1992 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, October 14, 1992, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, Eileen Probasco, Probasco, Secretary Community Development Department 223 Mill Bay Road Kodiak, Alaska 99615 September 23, 1992 Kodiak Island Borough Community Development Department Planning and Zoning Commission 710 Mill Bay Road Kodiak, Alaska 99615 Members of the Commission: We would like to postpone the hearing on our request for a variance on Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive (Case 92-028) until the October meeting. We request this postponement so we may be able to submit a revised building plan to accomodate a parking and turning area due to recent plot changes. Sincerely, Judith Acarregui (Fitzgerald) DATE: TO: FROM: SUBJECT: Kodiak Island Borough CASE: APPLICANT: REQUEST: LOCATION: ZONING: PUBLIC HEARING ITEM VI-F MEMORANDUM September 16, 1992 Planning and Zoning Commission Community Development Department Information for the September 30, 1992 e ular Meeting 92-028 Judith Fitzgerald A use variance from Section 17.36.030 (Non-conforrning Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive East R-3--Multi Family Residential Forty-three (43) public hearing notices were distributed on September 2, 1992. Date of site visit: 1. September 16, 1992 Zoning History: The 1968 Comprehensive Plan identifies this area as R-3--Multi Family Residential 2. Lot Size: . Existing Land Use: 4. Surrounding Land Use and Zoning: North: Lot 56-58, Block 7, Erskine Subdivision Use: Vacant Zoning: R2--Two Family Residential South: Lot 7, Block 8, Kodiak Townsite Subdivision Case 92-028 5,499 sq. ft. Vacant Page 1 of 7 P & Z: September 30, 1992 ITEM VI-F Use: Single Family Residential Zoning: R3--Multi Family Residential East: Lots 26 & 27, Block 3, Erskine Subdivision Use: Single Family Residential & Single Family Residential Zoning: R3--Multi Family Residential West: Lot 29, Block 3, Erskine Subdivision Use: Duplex Zoning: R3--Multi Family Residential 5. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area as Central Business District. 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.36.030 Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date of adoption or amendment of the ordinances codified in this title. This provision shall apply even though such lot fails to meet the requirements for area or width or both, if the lot conforms to the other regulations for the district in which such lot is located. Variance of yard requirements and of other development requirements, except as specified above, shall be obtained only through action of the planning commission as provided in Chapter 17.66 of this title. If two or more lots, combinations of lots, or portions of lots with contiguous frontage in common ownership are of record at the time of passage or amendment of the ordinances codified in this title, with a structure located across the lot line or a residential structure on one lot and an accessory building on the adjoining lot, the lands involved shall be considered to be an undivided parcel for the purposes of this title. No portion of said parcel shall be used or sold which does not meet the lot width and area requirements established by this title, nor shall any division or the parcel be made which leaves remaining any lot with Case 92-028 Page 2 of 7 P & Z: September 30, 1992 ( ITEM VI-F width or area below the requirements stated in this title, except to allow the addition to abutting land to make a standard lot, providing such sale does not thereby create a substandard lot. Nothing in this title shall be construed to prohibit the creation of nonconforming lots which are federally mandated. COASTAL MANAGEMENT APPLICABLE POLICIES Residential Development 1 Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. The lot is served by public sewer. 2. Open Space Green areas and open space shall be retained to the maximum extent feasible and prudent when land is subdivided. Consistent: Not applicable. This action does not involve land subdivision. 3. Access Case 92-028 New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. This lot is not located along the shoreline. Page 3 of 7 P & Z: September 30, 1992 ITEM VI-F 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: 5. Wetlands Not applicable. This lot is not located in a known hazardous area. Filling and drainage of water bodies, floodways, backshores, and natural wetlands shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This request does not involve filling or draining of water bodies, floodways, backshores or natural wetlands. COMMENTS This request is intended to permit a triplex to locate on a nonconforming lot of record located in the R3--Multi-family Residential zoning district. Although triplexes are normally a permitted use in the R3--Multi-family Residential zone, Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code says that any lot smaller than 7,200 square feet in area or less than 60 feet wide is limited to a single-family dwelling provided that all other setback, parking requirements, and other applicable standards can be met on the site. The request is related to the use of the property only, as the applicants did not request variance from dimensional requirements or from the off-street parking standards. Variances are intended to provide relief from the strict application of zoning standards where a land owner is denied all practical use of land due to the exceptional physical circumstances or conditions applicable to the property. This request appears to be related more to the convenience Case 92-028 Page 4 of 7 P & Z: September 30, 1992 PUBLIC HEARING ITEM VI-F of the land owner in order to permit the construction of a small triplex on this nonconforming lot with 5,499 square feet. Granting of this variance would prejudice other land owners in the area with single-family and non- conforming duplex dwellings on their non-conforming lots. In addition, granting of the variance would prejudice other individuals who have requested similar variances in the past and been denied by the Commission. If the Commission feels that this request has merit, then the appropriate course of action would be to initiate a code change to permit triplexes on nonconforming lots in the R3--Multi-family Residential zone so that any land owner in similar circumstances can enjoy the benefits of increased development density on their nonconforming lots. FINDINGS OF FACT 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. There are no 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 land is flat with a slight slope down from left to right as you face the front lot line. The lot is presently vacant and is being maintained as a yard with a lawn. Based on the fact the land owner is not requesting any kind of variance from dimensional requirements, parking requirements or other applicable standards, it is clear that the request is not based on physical circumstances or conditions other than the lot area or lot width. The lot is presently vacant, although there is a KEA service connection that crosses the property with a pole and down-guy in the front left corner of the lot. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances will not allow the construction of a triplex on a nonconforming lot in the R3--Multi-family Residential zone. This does not result in practical difficulty or unnecessary hardship as the land owner is still entitled to build and Case 92-028 Page 5 of 7 P & Z: September 30, 1992 ITEM VI-F maintain a single-family dwelling and accessory buildings as permitted by code. The landowner is not deprived of all reasonable use of the land by the application of the code. The owners are required to develop at a lower density than would normally be required if the lot met the minimum lot area and width requirements. Staff notes that the lot could be consolidated with the owner's other lot, Lot 27, around the corner and the triplex could then be built without any further review by the Commission. 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. Granting of the variance would be prejudicial to other nonconforming lots in the vicinity. A variance would allow the applicants to build to a higher density than other property owners with nonconforming lots in the same zoning district. If the Commission feels that this is something that should be permitted when a proposed development does not otherwise require a variance of a dimensional standard, then a code change should be initiated to permit this type of development for anyone whose property and proposed development is similar to this request. Staff notes that granting this request would also be prejudicial to other applicants who have requested similar variances (or exceptions) and been denied. In cases 88-037 and 88-007, a land owner requested to increase density to a duplex on a nonconforming lot in a R3--Multi- family Residential zone. The applicant was denied twice by the Commission and by the City Council on appeal. Because the property was located on a corner, all off-street parking requirements and dimensional standards were in compliance with current code standards at that time. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan. The comprehensive plan identifies this area as Case 92-028 Page 6 of 7 P & Z: September 30, 1992 ITEM VI-F' Central Business District. Present commercial zones allow for multi family residential development with certain limitations. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have not caused special conditions or financial hardship from which relief is being sought by variance. This request will be decided prior to initiation of triplex development. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Triplexes are a permitted use in the R3--Multi-family Residential zoning district on lots with 7,200 square feet of area and 60 feet in width. RECOMMENDATION Staff finds that this request does not meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a use variance from Section 17.36.030 (Non- conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) in the R3--Multi-family Residential zoning district, on Lot 28, Block 3, Erskine Subdivision. Staff recommends the preceding motion be denied and the following motion adopted. Case 92-028 Move to adopt the findings contained in the staff report dated September 16, 1992 as "Findings of Fact" for this case. Page 7 of 7 P & Z: September 30, 1992 - rn ` Z,yv -6y 55� i-oor L/RacvT 'EZ,64-1 ®Fr= p2t ✓E. t� 8/.5'4W z 4 5PAcE -. 14ANEUVag tei•'I'f 11447' wa«MoZ 01-14-4101 3 ccer ?alley Son 71..PVey Luhe. ZM .'f 1461 rag' L f r34-y v 5 pazKi ul z.5p v PLOT PLA pKCG t jrit?j?P P aLD6 747' Fn C— =z -D -A c..4 i E-01 TAIIr-t,C dux. 2-3, A7 2 g 8'- 3 g'oe-5 orve,a,Z ADC,2ass : LL'S F1'« th V /21) ,.aura mf g 1✓K'X ,htViT 406 Z`/ 199. x 4•s = io' 4Prx'o'r '.•ties pla«t�;.q 55 Wo r: CuR E CM 1- 5'6'w% / 11447 z <7 �y' 4 5 r °ice. P siP6 Zfr iPkL \fP 4,100:7 \ tur, SOFT ►max . 5 (04 ' f Ito /44 i3/4-Y /fin L l0t 7a' CDT pLA h1_ i`KU x piaop8p c?LD& FITZE -6Wi11 D -Ac dreeec -u/ I/34(1.--K dc/fl- for Zg 15Lx S CK- sx/n)� aav,as$: uv.r, a.o►v,ao x- 4186 -6 `! 1✓Kx 04444.en ,fad Z"`1 )99Z • 40Avo { uNts CJ �l t S, (e- IiOiAAK ISLAND BOOROt GH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 30, 1992. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92 -028.. Request for a use variance from Section 17.36.030 (Non- conforming Lots of Record) of the -Borough Code; to permit a triplex to locate-on a non- conforx iug'iot a reccrd (containing 5,499 square: feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. This notice is being sent to you because our records indicate you are a property owner 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9374. One week prior to the regular meeting, on Wednesday, September 23, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486 -9362. Your Name: Community Baptist Church Mailing Address: P.0'. Box 887 Your property description: 216 Mill Bay Road Comments: Our committee is against a triplex in this area for two reasons: One, it is zoned already for single family, Two parking is required off street and the size of the lot seeminATydoes not permit this type of parking. 1 / ' ' ; . . _ .... II1)r-L-(6 R ii Wi II I I%gyPMENrij!� 1 CAST 92 -028 . LOT 28, BLOCK ERSKINE SUBDIVISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES KODIAK ISLAND BORE tGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 30, 1992. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear . comments, if any, on the following. request: Case 92 -028. Request for a use variance from Section 17.36.030 (Non - conforming Lots of . _ Record) of the Borough Code. to permit a trinlex_to locate on a eon-conforming lot. of record (containing 5,499 square feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. This notice is being sent to you because our records indicate you are a property owner 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 prior, to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9374. One week prior to the regular meeting, on Wednesday, September 23, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486 -9362. Mr & Mrs Guy C. Powell P.O. Box 2285 Your Name: Y Mai,, Address: Your property description: Ers kine Add Bk 3 Lt 30 Kodiak, Alaska comments: We are against this request. If the locale is zoned R 1 then thats what it should be. Individuals shouldn't haphazzardly be allowed to rezone to whatever they- desire. COMMUNITY CEDE. 61CDADTPA[{ I CEMETERY 881, ��.r.rt,° 48 AD 46 47 319 2 R- ZAN O F DRIVE 202 8 USS 562 208 21 S 2537B CASF, 92 O28 LOT 28, BLOCK ERSIf]NE SUBDIVISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES SEP -19 -92 FRI 14:56 P.02 KODIAK ISLAND BOROUGH COMMUNITY. DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 30, 1992. The meeting will begin at 7 :30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92 -02S. Request for a use variance from Section 17.38.030 (Non- conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non- conforming lot of record (containing-5,499 equare feet) witer:e farm iiy dwelling is pe pitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. This notice is being sent to you because our records indicate you are a property owner 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 Ow to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9374. One week prior to the regular meeting, on Wednesday, September 23, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. If you have any ques about the request. please feel free to call us at 486-9362. ADor Pc) P0.8. /R�4a� Tour Namur: . J D A Walling Address: A /c14.6R 4.5ro. ,M-k., ri-?4 iq Tour propest7 descriptions ST4 TT- Rpo Fc n kk 2A-Na F DRI U £ Commmb: A DO!&P? permit oust ba obtained by the applicant for any access to a State owned right-of-way. In order to obtain permit approval, the applicant must demonstrate that the proposed access will meet DOl6PP requirements. The applicant may apply for this permit at the local DOT &PF Maintenance Office. The local DO ? &P8 Maintenance Office may require a field inspection of the proposed access location with the applicant to ensure that the access meets requirements. The approval of this plat by the Department does not ensure that an access permit will be approved. The applicant is encouraged to contact the local D0T &P!' Maintenance Office as early as possible. oN& •012/141T, COMMUNITY 4 DEVELOPMENT KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -F PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, September 30, 1992. The meeting will begin at 7 :30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, if any, on the following request: Case 92 -028. Request for a use variance from Section 17.36.030 (Non - conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non - conforming lot of record (containing 5,499 square feet) where only a single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. This notice is being sent to you because our records indicate you are a property owner 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 prior to the meeting. If you would like to fax your comments to us, our fax number is: (907) 486 -9374. One week prior to the regular meeting, on Wednesday, September 23, 1992 a work session will be held at 7:30 p.m. in the Kodiak Island Borough Conference Room ( #121), to review the packet material for the case. If you have any questions about the request, please feel free to call us at 486 -9362. Your Name: Mailing Address: Your property description: Comments: CASE 92-028 LOT 28, BLOCK3 ERSKINE SUBDPISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES (-• (. 0 6 6 10 17 13 14 18 1 20 1 73 25 76 7 20 30 32 33 34 35 34 39 40 41 47 48 44 45 47 53 54 55 DAIF 8/78/92 TIME 11:37:31. 'FORM LETTER : PROPERTY GROUP LISTING FORMilrETTER 'DESCRIPTION: PHN VENUE i V_ENUEL_CaTY GROUP 0: • 20281 PROPERTY NUMBER OWNER NAME , PROPERTY ADDRESS MAILING ADDRESS PAGE LE14220_:_ CDSEC3 R1140020240 'PETER SARAH :RAMOiGLIA 220 MILL BAY RD KODIAK , R1140020250 CECILE ARDINGER Rti400307A) ISFIN 1•F-R 218 MILL BAY RD KODIAK 71,5 MILL BAY RD KODIAK RAMAGLIAPETER & SARAH AK 9996150000 P.O.. BOX.335 ARDINGERXECILE AK 9996150000 P.O. BOX 671 -KOD/AK •, • , . AK 9996150000 t7JALLO - P.O. BOX 1656 KODIAK 01C99615 AK 99615 Ri140030270 JUDITH FITZERALD 223 HILL BAY RD FITZERALD.JUDITH KODIAK •*:•.- • • ;YAK 9998150000 223 MILL BAY ;',:12D KODIAK K 4061,5 Rii40030280 JUDITH: GERALD 214 REZANOF DR E ku, I. FITZGERALD,JUDITH • 60 I. • sr - KODIAK AK 9996150000 • . ..4:• • L.: •.). 1110 MALUTIN LN KODIAK AK 99615 AK 99615 ' R/140030300 CUY & MERLE .POWELL 210 ,REZANOF DR ' • — 4(DDIAK. R1140030310 §iiii0cd0320' LINDA BRUMBAUGH 208 REZANOF [DR KODIAK jO,PM DAVID CHATF/iLD '206 RE2AND POWELL:SUYA,cHERLE': AK 9996150000 P0. BOX 2208,, KODIAK AK , 99615 AK 9996150000 KODIAK BRUMBAUGHA.INDA PC KODIAK 3831 A: cHpacitut DAVID AK 9996150000 208 REZANOF bR KODIAK AK‘99615,‘ AK 99615 R1140060140 DAN WASHBURN ETAL 311 ERSK/NE AVE KODIAK . AK 9996156000 R1i40060850 GARY & RITA STEVENS 310 HELL BAY RD STEVENS,GARY & RITA MASHBURWETALipAN::: MA6NOLIA LANE- • • Rli.4124060860 ',,KiDKLEY, MARK BLASDHKA,RAEAs„ , . KODIAK 312 MILL. BAY "fiD KODIAK AK 9996150000 AK 9996150000 P.D. BOX 201 KODXAK RAE: BLASCHKAA,MARK" P D BOX 649 KODIAK MC79961.5 ittiCKLEY AK 996i5 R1140060870 CEDIL,RANNEYETAL • 214 MILL BAY RD • KODIAK AK 996150000 CEC/LRANNEY',, JuratapkiLL10§ ' P. o' BOX • 5569 Kodiak IsLand Borough *LIVE* GEO BASED PROPERTY SYSTEM PAGE DATE 8.1.28.492 TIME 11:37:31 FORM 'LETTER 0: 1 PROPERTY GROUP LISTING _ GROUP 0: 20281 FORM LETTER DESCRIPTION: PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS Ri140060880 MARK & THOMAS THISSEN R1140070001 DIANE MANN 316 MILL ?AY RD XLMIAK NHN REZANOP DR E KODIAK AK 9996150000 .AK 9996150000 CHINIAK AK 92615_ THISSEN,MARK & THOMAS • mix 3242 KODIAK AK 99615 MANN,JACK & DIANF • BOX.245., KODIAK AK 99615 R1140070460 Rii40070480 CHRISTIAN SCIENCE SOCIET EDNA KRAFT' ___R11400/042.0 PD FT 319 CAROLYN ST KODIAK 314 CAROLYN ST KdDIAK 31.62_CAROLYN ST KODIAK AK 9996150000 CHRISTIAN SCIENCE SOCIETY P.O. BOX .1699 KODIAK _AK 99615 KRAFT,EDNk AK 9996150000 .0.0. BOX ',54 KODIAK AK 9996150000 KRAFT.EDNA • .BOX •254 • KODIAK AK 99615 AK 99615 Ri140070500 EDNA AFT 318 CAROLYN ST KODIAK AK 9996150000 KRAFT, EDNA P.O. BOX 254 KODIAK R1140070510 HAROLD & SHIRLE HEGLIN 320 CAROLYN STY 44EGLIN,HAROLD& SHIRLEY KODIAK Ri140070530 NE.T.1.AIUNEJILSON ST, SARGENT, NEIL & JUNE AK 99615 AK 99615 • KODIAK ; 41< 9996150000 - 303 WILSON KODIAK" ' : AK 99615: RI i400705;0 R1140070560 Ri140070/0 COMMUNITY BAPTIST CHURCH 317 MILL BAY RD KODIAK. JACK & JOAN MANN - JACK &,10At,r1sa-‘- 206 REZANOF. DR KODIAK E 204 REZANOF DR. E KODIAK AK 9996150000 9996150000 COMMUNITY BAPTIST CHURCH P.O. BOX 887 KODIAK AK 99615 MANN,JACK JOAN BOX.245 KODIAK MANN,JACK & JOAN AK 99615 AK 9996150000 OX 245 .-, KODIAK ' 99416 R11400705130 JACK & JO 202 REZANOF DR KODIAK R1140071520 LLOYD 8, PATRICIA CANNON E MANN,JACK & JOAN AK 9996150000 P.O. BOX 245 KODIAK AK 99615 311 MILL BAY RD CANNON,LLOYD & PATRICIA KODIAK AK 9996150000 P.O. BOX 505 Kodiak IsLand Borough *LIVE* GEO BASED PROPERTY SYSTEM 6 -DATE 8L28/92 1 TIME 11:37:31 ',FORM LETTER 4: 1 , PROPERTY GROUP LISTING ,FORM LETTER DESCRIPTION: • MENUE).CITY. GROUP 4: 20281 PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS __KODIAK R1140071.530 .L.AWRENCE:MALLOY ETAL 315 HILL PAY RD. RI 14009134<) R. 4009084 _Ri14009iii R114009i .20 R1140091130 CTIAFRT & 4A14FT BANE -ROCER INC tAL,SIR 304 WTI SON ST KODIAK 16 KODIAK BAY RD MALLoY ETRL4LAWRENCE -AK 9226i50606 P.tL BOX_2.0034 KODIAK PAGE LB0220 CpsFC3 AK 96is - AK 99615 GILBERT 41, _JANET -BANE AK 99615 • - '...P:XL..BOX 224 • -... ..,%, . ... . ..... - KODIAK ` ' ' ' . '' ' . :' : „ 4k- ti.+PiAts ..... .', , . . GROCER INC AK 9996i50000 C/O LEE FILLMORE P.O. BOX 927 AK 9996150000 CARtILYN .ST PRDPFRTIES 325 CAROLYN ST KODIAK AK 909961.0000 CAROLYN - 33 34 1-140091190 PROPERTIES 323 CAROLYN . ST KAD34% Rrr:RART) I<Nrli,J1 KODIAK Al< 9996150000 f Ofx 323 CAROLYN STREET KODIAK AK 99615 .iCARoLyWSYREET4*ROPERYIES 525:bAROLYN,STREET NI A, CAROLYN STREET PROPERTIES 323 CAROLYN STREET • • , , , . . , . , AK 9996150000 R1'22014 050 KOD/AK_IsL .HRG„AUTHORITY:,-, 00201 KASHEVARO KODIAI< R1220140070 KODIAK 202 REZANOF DR KODIAK AK 99615 tPOZOICISLJiSa:440THOO$TY 9996150000 2815 WOODY WAY G AUTHORITY 00000 KASHEVAROFF CR KIP=1:tig —R1220140080 Wit 1 IA EZANOE_DR DIAK AK 9996t50000 KODIAK ISL HSG AUTHORITY KODIAK GUY ETAL.t.IILLIAM xousKovsT KODIAK AK 99615 R1220140100 KODIAK cauktiL/AL.poHol_Is • 115 HILL. BAY RD KODIAK COUNCIL./ALCOHOLISM KODIAK AK 9.5196156000 R1220170010 COMMUNITY T CHURCH 212 MILL BAY RD KODIAK AK 9996150000 210LMILL BAY Rp_ COMMUNITY :BAPTIST CHURCH P0 BOX 887 KODIAK • ' ' , AK 99 - • . KODIAI< CITY GF. Kodiak Istand Borough *LIVE* 6 DATE__S111.2.8/9', TIME 14:37:3i FORM LETTER 0: 2 FORM LETTER DESCRIPTION: 6 GEO BASED PROPERTY SYSTEM PROPERTY GROUP LISTING • PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS Ri 226470030 _ VENUE CITY GROUP : 20281 PAGE 4 LB0220 CDSEC1 MAILING ADDRESS .... __KODIAK AK 99961 "50000 P fl KIXA.397 ATATF: oF 411 ARICA 911 mt§nrntLan KODIAK R1340030080 MILL bAY Rrc :,A(ODIAK AK 9996150000 KODIAK ALASICA, STATr 11p POUCH .Z JUNEAU AK 99615 AK 99811 R1340030082 CHARLES & MABEL NIMS 77 73 24 25 26 17 • , Ri3.40430090 NESTOR & ROSITA ARSAR/N 307 CHILDS_DR KODIAK 216 MILL BAY RD KODIAK COMMUNITY BAPTIST CHURCH AK 9996/50000 P.O. BOX. 997 ' 'KODIAK AK 9961_5 NIMS,CHARLES & MABEL AK 9996150000 P.Q. BOX 2312 KODIAK AK 90615 ARGARIN MESTOR Si ROSITA AK 9996150000 216A MILL BAY RD KODIAK AK 996/5 R1340030i01 -DAVE'BEAN 305 THIRD AVE ' BEAWDAVE •'• 'KODIAK' - ' 'AK 99961.56000 - 619 WILLOW KODIAK R1340030102 DAVE BE 33 3. 15 36 7 3? 40 41 47 43 44 t AK 99615 303 ERSK INE AVE BEAN, DAVE KODIAK S;,2U1L5QQQQ6t2kTILQW KODIAK ., , _ AX 996/5 , AN ALASKAN :COR INATTVFS OF Kil 215 i4IS° [Lahle,„AhLim.gtskimiLEEE__ R41400:1044 i KODIAK 5'- ' AK .99615 227 W REZANOF , 03 KODIAK AK 99615 R1340080031 GERALD'MARKHAM- - • 211 KAsHevARoFF, AVE :% mARKHAsM ;GEROLD 2 KODIAK , Al( 9996150000 O. BOX 806 45 64 R1340080032 ALICE FISH NHN KASHEVAROFF AVE KODIAK Ri340080040 JERRY EVERMAN - . AK 9996150000 ALICE 0X37 KODIAK ' EVERMAN, 'JERRY - AK 99961.50000 P.O. BOX 2779 KODIAK 215 MILL BAY RD KODIAK -• AK 99615 . , AK 99615 217 MILL BAY RD • KODIAK KURT & GABRIELLE LEDOUX 219 MILL BAY RD KODIAK . • , • • 7 R1.340080010 WILTON & DAGMAR WHITE 50 221 MILL BAY RD ' LOBO INC AK 9996150066 P0 BOX 8381 ISDDIAK AK 99615 • LEDOUX KURT & GABRIELLE AK 9996150000 21.9 UPPER MILL BAY ROAD KODIAK - AK 99615 •"- - • WHITE, WILTON • & DAGMAR 3. 5 5- 5/ 6. 6 6, 6' 7, 71 7; 7: 7, 5 Kodiak Island Borough .*LIVE* g, MAT RJR/92 11! TIME W,37:31''' FORM LETTER i • FORM 'LETTER DESCRIPTION: 3 6 a 1 14 15 16 19 10 27 23 24 75 26 27 79 37 34 35 36 37 ia 39 40 42 43 44 45 46 66 so 51 52 53 94 55 56 57 sa 59 6 U urrir sysT PROPERTY GROUP L/STING VENUEL_CILY220 GROUP 0: .20291 CDSEC3 PROPERTY NUMBER OWNER NAME PROPERTY ADDRESS KODIAK :Rt4400nboof eivt- .KODIAK AK 9996150000 MAILING ADDRESS P.O, BOX 254 ' KODIAK SUNSET DEVELOOMEkT:66 i951 KIDWELL, STE 700 VIENNA AK,99615 VA 22182 TOTAL LETTERS: • , r. CASE 92 -028 LOT 28, BLOCK 3 ERSKINE SUBDIVISION PUBLIC NOTICE AREA 350 FEET FROM EXTERIOR LOT LINES L 3 _ Cco -2Y0 — Lot S - it it/ _ 3c6z-Dc' cck0A,-) &t. La. -)-(0 — e..„(( 00.0 _ L©f 3 _ t,iI( joO (chd-Pee,) 19416, , LGt _7_. , 747513 — _oo-m 5 It r_f.(.44 0011 tc(6:_c7'/°'-8)- -r- ((_00_q( Co 5 -//S-- b P,,, oao (no_ _ LoiS_J04-(o et.n ufr( 0/ 7o 31 Lid-- - cx20 G006_ 034 00 ((( »O1 (eR ti Wp,'VS� •g•EZArJOFF Alt ✓ Z zq•41 4 -4' "cf 114467 ups.“-art Ot- Klfs'ii 3 e..ar zsKl u+= ?an' d1 evStyh 3uPVe% Lthe zn.y tfb! LINA 5 ro Asa Ft rzg-iam,u -v LcrT 2_7 5277 r Ids «� S D C aid— 56* 7o 6o' 7 /t ( 11-4- 614-y /2,14.P PLCOT pLJ t J pgU FIA9p95c -t7 au :6 / 77lrke ( L■T z8 f5'2-X 5 '0,e-s'Kii ✓E.. 40)4.1e4 ADD, .SS : zz.5 .H I« 6,4Y RD icosr-ci. 446- 6 es' 'I !✓icx e3.41-44.4) u,Fa /4" 406 av 199e .: 'i4c % = /o' A,w.f es Piet V',C —y- PLOT"' PL.A h1 f17ZCc'4‹.rdt -D —Acid /z? o/ T2, //��t =�C B / ti /rid R -3 La7 a-0 '2 K 3 ,e'SKii ✓.c ervvd.e. APP E5S : ez:3 l r n..< c3r4V RD ICOL 1.4 K. gilB6— 6 IS"N JI% /CX 5.44 44.4) 4414,, T has tq 199a X,esc yvt-- !o 46/4.1, f L•Nes ' KODIAK ISLAND BOROUGH J • COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 205, KODIAK, ALASKA 99615-6398, (907) 486-9362 The application fee for all items covered by this form is $175.00, except as otherwise noted. Conditional Use Permits, Exceptions, and Variance applications also require the submission of a site plan. Applicant Information Property owner's name: JUDITH FITZGERALD Property owner's mailing address: 223 MILL BAY City: KODIAK . State: ALASKA Zip: 99615 Home phone: 486-6154 Work phone: 486-9239 If applicable, Agent's name: Agent's mailing address: City: State: Zip: Home phone: Work phone: Property Information Legal Description: LOT 28 BLOCK 3 ERSKINE SUB. Present use of property: VACANT Proposed use of property: TRIPLEX UNDER R-3 PERMITTED USE CITY ENGINEER CONTACTED NO PROBLEM ON SEWER HOOK UP. STATE OF ALASKA CONTACTED ON DRIVEWAY ACCESS - D.O.T. GORDAN LASKI Applicant Certification 1, the applicontfauthonied agent, have been advised of the procedures copy of the appropriate regulations. involved with this request and have recieved a 1 L 1_4. i, KilAtAk 1 Authorized Agent's Signature Date ' perty Owner's Sign.4 re g 1 q7 Date STAFF USE ONLY Code Section(s) involved: Conditional Use Permit Exception Variance Title 18 Review Other (e.g., appearance requests, etc.) non-fee items Zoning change from to Application it)F-kM?---. accepted: (...eu- ta nature Date accepted (7c 96-oar Judith Fitzgerald 223 Mill Bay Road Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 1, 1992 RE: Case 92-028. Request for a use variance from Section 17.36.030 (Non-conforming Lots of Record) of the Borough Code, to permit a triplex to locate on a non-conforming lot of record (containing 5,499 square feet) where only a .single family dwelling is permitted. Lot 28, Block 3, Erskine Subdivision, 214 Rezanof Drive. Dear Ms. Fitzgerald: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their September 30, 1992 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, September 23, 1992, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-9363. Sincerely, ) Eileen Probasco, Secretary Community Development Department 7,0110 ci If fill Co e AtyroX y /SOO yc2 FT Figs T�CG. rl ti'FA