The URL can be used to link to this page

ERSKINE ADD BK 6 LT 5 - VarianceJune 1, 1980 Aerial appx boundaries only LOT 2 LOT 8 UP-DATE On 10/22/10 1 T. REMOVES CONCRETE DRIVEWAY 1 CNANGES LOCATION OF U1uTY POLE AT kW. CORNER 3. ADDS NVOLVNT 4. DEFINES sr IMPROVUENTS 5. RE-DRAFTS ORIGINAL AS-BUILT BY EOCLUND SURVEYING TO AUTO CAD FORMAT B.) CHANGES AREA OF LOT NOTE DS S ntal PROP. LINES 10 BUILDealS ARE 1D FOUNDATION BUILDING DIMENSIONS ARE TO OUTSIDE OF SIDING October 1964 September 1978 a The conditional use will fulfill all the requirements of the B - Business Zoning District. An updated site plan detailing facility location, conforming parking, landscaping, and any areas devoted to accessory use, i.e., playground's, and updated building plans sufficient in detail to compute occupancy loads will be'required.as part �f the permitting process. 17.200.050 C. That granting the conditional use permit will not be harmful to he public .health, safety. convenience and comfort. -.- The original facility was constructed in accordance with all applicable federal: state and local requirements, as was the school occupancy. - Re- configured spaces will similarly be required to meet standards of the Uniform Building and Fire Codes. • 17.200:050 D. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. The site is composed of two individual parcels with a combined land area of 54,500 square feet. Abutting improvements are located well away from the subject structure, and / or, exhibit dissimilar hours of operations. 17.200.050 E. If the permit is for a public use or structure, the commission must find that the proposed use or structure is located in a manner. which will maximize public benefits. Not applicable. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS A) Case 12 -008. Approval of Findings of Fact supporting the "approval of a Variance, according to KIBC 17.195 and 17.80.40.A & B, to allow an existing single- family dwelling to encroach 2.5 feet into the required 25 foot front yard setback and to allow a 1.5 foot encroachment into the 5 foot side yard setback. The applicant is Brett Randolph and Jeanne Miller. The location is 417 Erskine Avenue, and the zoning is R2- Two - family Residential. Dvorak reported this is Findings of Fact from a case you reviewed at last month's meeting. COMMISSIONER JANZ MOVED to Approve Findings of Fact for Case 12 -008 to grant a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5- foot side yard setback, and to adopt findings contained in the Findings of Fact Memo dated September 6, 2011. Discussion FINDINGS OF FACT 17.195.050 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. This parcel exhibits atypical dimensional characteristics, which do not apply generally to other properties in the same land use district. At less than 5000 square feet, this triangular shaped parcel presents a unique challenge to build a typical house and still meet the setback standards of the district. This use of this lot presents challenges for construction not found on other lots in the same land use district 17.195.050 A.2. Strict application of the zoning or inances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in unnecessary hardship. 9/21/2011 Page 4 of 7 P &Z Minutes - Strict application of the provision of this title would not allow the home that currently occupies the parcel to be constructed creating an unnecessary hardship. 1 .195.050 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. The granting of the variances will not result in material damages or prejudice to other properties in the vicinity. Any construction undertaken because ;of the variances granted will be required to conform to the applicable uniform building ccides, and will not be detrimental to the public's health, safety or general Welfare 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variances will not increase existing density, and is not contrary to the objectives of the Comprehensive Plan which designates this area as Urban Residential. 17195.050 A.5. That actions of the applicant did not cause special conditions or financial rdship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions for which relief is being sought by variance. 17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The requested yard setback variances will not permit a prohibited use in the applicable zoning district. ROLL CALL VOTE ON MOTION CARRIED 6-1. The ayes were COMMISSIONERS WATKINS, JANZ, KERSCH, TORRES, BALDWIN, and VAHL. The nowas COMMISSIONER SCHMITT. NEW BUSINESS COMMUNICATIONS A) Letter of Courtesy & Advisory re: Storage of Personal Property on Borough Right-Of-Way dated August 4, 2011 , B) Appeal to the Assembly Case S11-014 Results Letter datedAugust 5, 2011 C) Letter of Courtesy & Advisory re: a Written Complain of Possible Property Drainage Effects Caused, by Fill Activity dated August 15, 2011 D) Letter of Courtesy & Advisory re: a Written Complaint re: Potential Drainage Effects Resulting from Fill Activity dated August 15, 2011 E) Letter of Courtesy & Advisory re: Possible Adjacent Property Drainage Effects Caused by Fill Activity dated August 15, 2011 F) 2011 Annual Statewide Planning Conference — November 6-8, 2011-Fairbanks Dvorak gave a brief report on the communications. Brief discussion of the planning conference. COMMISSIONER WATKINS MOVED to accept communications. Dvorak stated we are still trying to find dates to hold more PAC meetings where members, staff, and consultants can attend. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR TORRES called a 5 minutes recess. CHAIR TORRES reconvened the meet ng at 7:38 p.m. 9/21/2011 Page 5 of 7 P&Z Minutes September 23, 2011 Mr. Brett Randolph Ms. Jeanne Miller PO Box 210 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.kib.co.kodiak.ak.us Re: Case.12 -008. Request a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. Dear Mr. Randolph & Ms. Miller: The Kodiak Island Borough Planning and Zoning Commission at their meeting on August 17, 2011, granted the variance request cited above, and Findings of Facts were adopted at their September 21, 2011 meeting: 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) working 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 be 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. 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: FINDINGS OF FACT 17.195.050 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. Page 1 of 2 This parcel exhibits atypical dimensional characteristics, which do not apply generally to other properties in the same land use district. At less than 5000 square feet, this triangular shaped parcel presents a unique challenge to build a typical house and still meet the setback standards of the district. This use of this lot presents challenges for construction not found on other lots in the same land use district 17.195.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would result in unnecessary hardship. Strict application of the provision of this title would not allow the home that currently occupies the parcel to be constructed creating an unnecessary hardship. 17.195.050 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. The granting of the variances will not result in material damages or prejudice to other properties in the vicinity. Any construction undertaken because of the variances granted will be required to conform to the applicable uniform building codes, and will not be detrimental to the public's health, safety or general welfare 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variances will not increase existing density, and is not contrary to the objectives of the Comprehensive Plan which designates this area as Urban Residential. 17.195.050 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 actions of the applicant have not caused the conditions for which relief is being sought by variance. 17,195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The requested yard setback variances will not permit a prohibited use in the applicable zoning district. If you have any questions about the action of the Commission, please contact the Community Development Department. at 486 -9363. Sincerely, Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk Page 2 of 2 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MINUTES August 17, 2011 6:30 p.m. in. the Assembly Chambers CALL TO ORDER CHAIR TORRES called to order the August 17, 2011 regular meeting of the Planning and Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR TORRES led the pledge of allegiance. ROLL CALL Jay Baldwin requested to be excused. Commissioners present were Brent Watkins, Casey Janz, Bill Kersch, Alan Torres, Alan Schmitt, and Rick Vahl. Excused was Jay Baldwin. A quorum was established. Community Development Department staff present was Bud Cassidy and Sheila Smith. COMMISSIONER JANZ MOVED to excuse Jay Baldwin. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF AGENDA COMMISSIONER VAHL MOVED to approve the August 17, 2011 Planning & Zoning Commission agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER JANZ MOVED to approve the July 20, 2011 Planning & Zoning Commission minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments and appearance requests. PUBLIC HEARINGS A) Case 12-008. Request a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single- family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. The applicant is Brett Randolph & Jeanne Miller. The location is 417 Erskine Avenue, and the zoning is R2- Two - family Residential. Cassidy reported this is a variance request for 1.5 foot side yard setback variance and 2.5 foot front yard setback variance. The applicants were encouraged to request a variance because if there was an earthquake or fire the house could not be rebuilt with the same setbacks. COMMISSIONER VAHL MOVED to grant a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback, and to adopt findings contained in the staff report dated August 5, 2011 as "Findings of Fact" for Case 12 -008. The public hearing was opened & closed. Public testimony was given by: 8/17/2011 P &Z Minutes Page 1 of 10 Brett Randolph stated he's here to answer any questions. Discussion ROLL CALL VOTE ON MOTION CARRIED 4-2. The ayes were Brent Watkins, Casey janz, Bill Kersch, and Rick VahL The noes were Alan Torres and Alan Schmitt. COMMISSIONER WATKINS MOVED to postpone Findings of Fact until the September regularmeeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Case 12-009. Request a Conditional Use Permit, according to KIBC 17.200 & KlEt 0.040.H, to allow a satellite uplink facility on a portion of Tract 2, U.S. Survey 5509. The app ant is the City of Port Lions, and the agent is John Burnett, GCI. The location is Tract 2; US Surve 5509, located near the new city water storage tank, and the zoning is C-Conservation. Cassidy r .orted this CUP request is for the location of a satellite dish and a tower to provide enhanced se ices to Port Lions including wireless Internet throughout the community: The location won't impact idents of the community. Staff recommends approval of this request. COMMISSIONER ATKINS MOVED to grant A Conditional Use Permit, accordingito KIBC 17.200 & KIBC 17.50.040.H, flow a satellite uplink facility on a portion of Tract 2, U.S. Survey 5509, subject to six (6) conditions of proval contained in the staff report dated August 5, 2611, and to adopt the findings contained in the taff report as "Findings of Fact" for case 12-009. The public hearing was ope d & closed. There was no public testimony. Discussion CONDITIONS OF APPROVAL 1. The color of structures and equip ent will be subdued to blend in with the natural environment surrounding the facilities; and natu 1 vegetation immeOtely surrounding the facilities will be preserved to the maximum extent poss le to preserve y,gual aesthetics. 2. The site developer will minimize the dist'bjbance of n fural vegetation and will ensure that natural vegetation is restored to the site within two rowin seasons. 3 Should the site be abandoned for any reas i eluding the future advance of communications technology or development of alternative co unications facilities, the site will be cleared of all improvements within one year of abandonm t a returned to a natural state. 4. Should the exterior of the facility re ire mod 'cation to accommodate new or different equipment, which would substantially a,1 er the visual ii pact of the facility, the modifications must be reviewed and approved by the Co mission, as an am ndment to this case, subject to payment of a new fee for public hearing revie, of a Conditional Use rmit. 5. The landowner and/or develop/ea', within 6 months of the iate of Commission approval, shall develop and submit to the Co munity Development Departme t a revised and updated site plan with GPS coordinates of the e boundary and the actual location (the proposed facilities. 6. In reviewing this requestvt`he Commission has substantially relied upon the project description and site plan and app),i6ation for conditional use submitted by th City of Port Lions. The conditional use, there ,ore, is specifically limited to the facilities and o rational parameters set forth therein. FINDINGS OF FACT/ 17.67.05 A. Tha the conditional use will i reserve the value s irit character nd inte ri o the surroundi g area. Similar com9anication and utility facilities have existed on other locations for many year serving the Kodiak co munity with minimal conflicts. Conditions of approval to address aesthetic d visual concern,s1will preserve the value, spirit, character and integrity of the surrounding area. atural veget ion will be maintained around the facility. Colors of structures and equipment will be su ued to b end in with the surrounding natural environment. If the facility is abandoned, the site wil be c ared of equipment and structures and returned to a natural state. Any change of technology th 8/17/2011 P&Z Minutes Page 2 of 10 August 18, 2011 Mr. Brett Randolph Ms. Jeanne Miller PO Box 210 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.kodiakak.us Re: Case 12 -008. Request a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single- family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. Dear Mr. Randolph & Ms. Miller: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on August 17, 2011 granted the Variance referenced above but postponed adopting Findings of Fact until their September 21, 2011 regular meeting. The commission must adopt Findings of Fact in support of their decision. Once findings have been adopted there will be a 10 calendar day appeal period. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9361 Sincerely, Sheila Smith Secretary CC: Nova Javier, Borough Clerk Hublic Hearing Item I -A P &Z August 17, 2011 Current Location Request: A Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling P & Z Case # 12 -008 to encroach 2.5 feet into the required 25 -foot front yard Randolph & Miller setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. . -Iry Z.1 rb <ON O� 2� s r50` 30 `O� : b (1O O ^� P Ill �� ° ��` `ms`s ms`s 00 61° \°) °O ', '\ '\h e CO p 1-° ,�`1, �QO ��' b.\\ 6'`2 ,� IO ` / N 1a P.0 (1O � 9 p\ 52° �� /�-k 1:4 516 ,�'\ '. ^P (D O h �� ' 7B -1 627 612 co15 G. C.) 614 <0 C�� 0P �� 468 0 ej Q. 620 ^ O� hP • ° O^ 70 0 12., ,• 0 �O s ^� ,• Oro AO �h ' o, 6 ^� ' �' co 0 <' ��, . ' <� P. 1�` • 4 � ,�O 'o 141 Q Legend Subject Parcel 9 ^(1, ^, b ° O h O 0 CO 512 62° CO °1� •�� `L N ro'`° 6 �h '` 4 .� co ,41 \ti h O CO • ry`l, "� o c o 1h w p^ = �4� ^ ' c‘e •, co �N 7r�j 0 '\ O hnj N O�` hh �� ~� ^ ©'�A N V\ 4h° 02 4 204 h� 206 ' . . cb� �� ^n) 413 �� '\h Y •• 60P SS 253a N. P�N X15 c:PN. 14 OM.. X16 O C. •� P ..9 l�' Nv 0 q;P O q bk. �rb T Al NN AIIIM1-7. 1111111■ N _al, 'd" A\''' N4010/1141. ,, ° Kodiak Island Borough GIS System W �I h. S 0 112.5 225 450 675 900 Feet This map was prepared from the Kodiak Island Borough's GS 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 -008 Introduction Page 1 of 6 *c (Z;(& ast%() 0 Ag) ')) eNrb& co iC _nnf6 HUIDIIC Hearing Item f -A P &Z August 17, 2011 Case No. 12 -008 Introduction Page 3 of 6 Kodiak Island Borough Zoning Map Community Development Department A VO ir r Current Zoning eques . arianceaccor g tlffrmiritir and P & Z Case # 12 -��8 17.80.040.A & B, to allow an existing single - family dwellin to encroach 2.5 feet into the required 25 -foot front yard andolph & Miller setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. ° � 6' ` � 16 �� P�64 61 , 612 N �� 0 105 zto r r r r i r Few 521 • 0 A cb ci, `' �D, �` 7B -1 627 612 CO C. ® h� 13 ° D„ �,. Q' 68 6P ,�� 614 P 620 - I coQ' i 4D`r- 5,- ►� 10 Sr P. ' �`� 1 ttti 0 706, S do t�h 'o� .:‘ �q Q3 1`�' �. ,00 a..41 �ti0 01 1t` �.; 10 �P F �� Legend CO Q Subject Parcel �, IX �h ^ • 4b , A n 1 'o 1 fib, ' ). (/) 512 62 °�. 6° �h �` 01 ��ro h �` how .� �►��^ - ` �� 1 N. (AZ) 4J1h� 204 206 '"�� "�� 413" N'' L �•: ; 3$C3 S25 • S c �N 51c 14 � rj,' h Dt j �`/ � , 3� 1�.. < w ��Z 1) ,,.Q". Zoning Legend �t Public Use Lands ' Rural Residential 1 Multi Family Residential Light Industrial �� Watershed Rural Residential 2 L Ai Business Rural Neighborhood Commercial Conservation Single Family Residential r Retail Business Urban Neighborhood Commercial Rural Residential Two Family Residential i Industrial 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 -008 Introduction Page 3 of 6 i<c‘ 'C� #q ■rb* •Q i'• ■cz) 0 4)) ..__owne4Of6 Nublic hearing Item ( -H P &Z August 17, 2011 Case No. 12 -008 Introduction Page 5 of 6 Current Location Request: A Variance, according to KIBC 17.195 17.80.040.A & B, to allow an existing single - family P & Z Case # 12 -008 to encroach 2.5 feet into the required 25 -foot front Randolph & Miller setback and to allow a 1.5 foot encroachment 5 -foot side yard setback. and dwelling yard into the . •rte ...._. - .. } .. "iii, 4 :dig §t : '4. s' i4 4 . a rig Nkt Kodiak Island Borough GIS System A S 0 20 40 80 120 160 Feet 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 -008 Introduction Page 5 of 6 i< Ni- •c‘ ■q)* Nc) i'- ■'z 0 1` .Qq) _ 4O_nnR Introduction Page 6 of 6 NuOitc Hearing Item / -! P &Z August 17, 2011 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 �f atl IPti e / eaw„Q /vll llar- Property owner's name et.-4X Z/O Property owner's mailing address ,akr 4/dska City State 45e. out 909.p30,6-2's2 Home phone Work Phone 996ps - -02)) t) Zip 6aNr©alakeate* E -mail Addr. Agent's name (If applicable) Agent's mailing address City Home phone State Zip Work Phone E -mail Addr. Property Information r o (v Property ID Number's { Moro •q c; (, tr 5 Legal Description I� Current Zoning; z Applicable Comprehensive Plan: Year of Plan adoption: Ana Present Use of Property: S i Il j/?- )'a+st+ (f ✓12S &Iona Proposed Use of Property: at above) .5" - ed- 7'J0 sick- ,tits L.sf 4 Aa4o. iY yr,p (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 Include optional supporting documentation as Indicated below. CS Additional Narrative /History 61 As -built Survey _ Photographs ��((��/� Maps / GI (Other (44 Rm.) It w /3�4T� Property Owner's Signature 2.4 tclwAg all Date Authorized Agent's Signature Date IA 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) STAFF USE ONLY Code Section(s) Involved: (5'' &c 1y,. 195 3 (7- -1 -et` oir .41B Variance {KIDC -? 7.66.020) $250,00 ✓ Conditional Use Permit (KIBC 17.67.020.8) $250.00 T Other (appearance requests, site plan review, etc.) $150.00 Zoning change f'p! to (KIBC 17.72.030 and 030.C)' Application received by: Staff signature PAYMENT VERIF�ON oGauo6 e, (per Kit' t,.e 'Jr j(N2 °b11 " tKodhak island Borough ° Fiance Department Case No. 12 -008 Application Page 1 of 6 h'uollc Hearing item 1 -! P&Z August 17, 2011 Additional Narrative & History regarding: 417 Erskine Street, Lot 5, Block 6, Erskine Subdivision, U.S.S. 562, Kodiak, AK Owners: Brett Randolph and Jeanne Miller Mail: PO Box 210 Kodiak, AK 99615 -0210 Phone Nos: 907.486.0266 Home; 907.830.5282 Cell; 907.830.1104 Cell Brett and Jeanne purchased this property and residence in October 2010. The house was constructed in the mid 50's, and is, for the most part, as it was originally laid out The house is a single - family dwelling. We believe that at some point during the mid -to- late 1980's, the owners converted what we think was a car -port or parking area and patio - entrance to enclose what is now the boiler room and an additional space that was configured as an office or a family room of some sort. At that time, the roof line was modified, leading to the only documented construction activity that was filed with the Kodiak Island Borough. We have had many different ideas and concepts about changes we would like to make to the dwelling in order for it to become more suitable for our needs and long -term goals, and that lead us to visit the KIB Community Development Department. Duane Dvorak was most helpful in pointing out requirements relating to different ideas we mentioned, and provided a copy of relevant sections of the KIB code. He also suggested that since it appeared that our property falls Into the category of °Existing Nonconforming Uses and Structures ", that it would be wise for us to pursue a Variance, in case there was a fire, earthquake, or other disaster that could require substantial repair or replacement of the structure, that could be hindered because of "Non- conformance °. We therefore request a Variance for this developed property. We believe there are three potential problem areas, that we would like to mitigate through obtaining the Variance. The first is that the lot size may be below the currently- required minimum area. The house, and subdivision were developed and have existed in current form and lot size since 1956 or before. This predates borough government and code requirements by many years. The second problem is that the house, as it currently sits, has two (2) minor encroachments into currently- required yards and setbacks. We have provided a copy of the most - recent As- Built Survey with Mr. Dvorak's sketch of the yard -and- setback requirements. As you can see, the south -west corner of the house encroaches into a required side - yard, and the required front yard north comer pokes into what is the front wall of the house by approximately two feet or so. I would characterize these as minor encroachments based on what Mr. Dvorak said to me and in consideration of the character of the neighborhood and other nearby homes. The third problem is that there is currently no off -street parking area, and it appears to have been this way since the late 1980's or so. Thank you for your consideration of our request for a Variance. Case No. 12 -008 Application Page 2 of 6 T LOT8 LOT2 COT 4 UTILITY POLE 9.116 LOT ►ti " y* "p Ono ono occoo.0000.00,0 0 D C `m >,E -o c. 5 E to r Q UP -DATE OF: 10/22/10 1.) REMOVES CWCRETE IRCYEfAY 2 OMICES U ARON OF UTILITY POE AT Kt CGRNER 3. ADDS NILLICaT 4. DEMOS SMUT a ROMMENTS 5. RE- DRAFTS CRRANAL AS -BULT BT ECKLUND SIIRWANG TO AUTO CAD FORMAT O.) OUNCES AREA Of LOT NOTE: CRBSTOTS FROI PRO' us 10 R1IIDA65 ARE 1D FOUND/MUM BURDINO DDTEN90N5 ARE TO OUTSIDE W STUNG AND CUTTER 777 ••• e4? kidacs® wi.aa AS—BUILT MEAN HORIZON LAN( P.O. B0. KODIAK, AL (907) 48 SURVEYORS 1 HEREBY CERTIFY THAT I HAVE DESCRIBED PROPERTY: LOT 5. E SUBDM50N, U.SS 562 PER PI RECORDING DISTRICT. KODIAK. A AND THAT THE IMPROVEMENTS IN THE PROPERTY UNES AND D ON THE PROPERTY LYING ADJAC PAPROVEMD4TS ON PROPERTY I: CRQk:H ON THE PREWSES IN I NO ROADWAYS, TRANSMISSION L EASEMENTS ON SAD PROPERTY DATED THIS ZZ DAY Hublic Hearing Item 1 -! P &Z August 17, 2011 Martin Lydick, Associate Planner, Community Development Department, Kodiak Island Borough 22 July, 2011 Re: Application for Variance; 417 Erskine Street Under Variance 17.66.050 Approval or denial. (Please find under:) 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 ;" a.) The subdivision property lines were laid out and formalized as early as 1946, originally occurring before any borough codes or requirements (since the KIB did not exist at the time the property was developed). As such, the property does not meet currently- required minimum lot size. Furthermore, the house footprint on the lot now also is in minor violation of currently- mandated yard and setback requirements. b.) The lot is an odd shape that incorporates a modified wedge -shape that is very wide at the street side, but very narrow. in section on the back lot line. The property is also sited on a gentle slope that falls off to the south and west. This results in a curving slope on the street side of the lot. The southern portion of the street -side lot line has a street -light pole and a fire hydrant. These physical characteristics and existing facilities act to limit how an off-street parking area could be developed. I believe that current KIB code requires a minimum parking area for three vehicles for a single - family dwelling. When the house was originally constructed, there was provision for off- street parking for probably two vehicles. We believe that the previously - existing off - street parking area was eliminated at some point during the mid -to -late 1980's or early 1990's when the east end of the house was modified to incorporate what we now call an office area and a boiler room. Note that this modification was done in the past, but while the KIB had jurisdiction and codes in effect that could have prevented this deficiency; those codes were either overlooked or not enforced. The KIB knew or should have known about the changes and allowed them to occur without intervention. Right now and since the late 1980's or early 1990's, there is no off- street parking developed as specified in the KIB Parking Code for this address. c.) The dwelling that currently exists was constructed in the middle Case No. 1.2 -008 Application Page 4 of 6 I'ut lrc Hearing Item ( -! r 1 P81 August 17, 2011 1950's even before Alaska was a state. As far as we know, the dwelling footprint has not changed since the time of the original construction. The changes to the east end of the house, while eliminating off- street parking in that area, did not result in an encroachment to the required yard and setback for this portion of the lot, according to a CDD interpretation or opinion that Brett Randolph received upon the initial visit to KIB CDD. The two minor encroachments are historically ancient compared the KIB code and requirements, and result from the way the property lines were originally laid out, and the original siting of the dwelling on the lot relative to the property lines, and result because of the much -later development and adoption of the KIB code. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;" a.) If the provisions of the yard and setback portions of the code were to be strictly complied with, this could mean the dwelling may have to moved, or modified in such a way as to eliminate the portions that fall into the required yards. This would prove to reduce the usable area of the dwelling and could result in unusual construction that could be both costly and have a negative effect on the usable area of the house and its value. Strict compliance would be both Impractical and unnecessary since the house has been in this configuration on the lot for many, many years, without complaints from adjacent property owners or from the KIB CDD that we are aware of. b.) If the off - street parking provisions of the KIB code were to be strictly interpreted and enforced, it would create a very expensive and unnecessary hardship to the current owners, as the cost to design and construct off - street parking and to be in compliance with all codes and permits for driveway construction, and possible utility relocation, could be significant. The violations of parking code result from development of KIB codes and regulation after original construction, and also from later lack of KIB CDD enforcement or oversight, first when the dwelling was modified on the east end, and second, when Upper Erskine street was rebuilt during the 1990's. Practically speaking, if KIB meant to strictly enforce the parking code, it should have been done by KIB at the earliest opportunity to do so. 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;" a.) At this time, the applicants do not have plans to change the way the dwelling has been used - it will remain to be a single- family Case No. 12 -008 Application Page 5 of 6 Public Hearing Item ( -1 P82 August 17, 2011 dwelling, and its intended use as a single - family dwelling should not result in material damage and should have no negative effect whatsoever on any adjacent property owners or any properties in the vicinity. The conditions that have prevailed for the years before the applicants' purchase of 417 Erskine Street, should continue. There will be no change to any aspect of public health, safety or general welfare if the variance is granted. 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan;" a.) As stated above, the applicants do not intend to use the dwelling for any other purpose than a single - family dwelling, so there should be no change that would 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" a.) The applicants have not undertaken any actions that would, could or did cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. 6. "That granting the variance will not permit a prohibited land use in the district involved." a.) As stated above, the applicants do not intend to use the dwelling for any other purpose than as a single - family dwelling, so there should be no change that would result in a prohibited land use in the district involved. Applicants believe that for the reasons stated, the dwelling and property development as it currently exists at 417 Erskine should be recognized as "grandfathered" under current KIB codes and requirements and that a variance should be granted to the applicants, for the use of 417 Erskine Street as it has been used for approximately the previous 55 years. -Brett Randolph and Jeanne Miller Case No. 12 -008 Application Page 6 of 6 July 14, 2011 Brett Randolph Jeanne Miller PO Box 210 Kodiak, AK 99615 h'ubllc Nearing item t -A P &Z August 17, 2011 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 -008. Request a Variance, according to KJBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. Dear Mr. Randolph & Ms. Miller: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2011 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, August 10, 2011 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, The.tslict Cann R2 Sheila Smith, Secretary Community Development Department Case No. 12 -008 Public Comment Page 1 of 6 _ Public hearing Item ( -A ,P &Z August 17, 2011 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 July 14, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 17, 2011. 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: 12 -008 APPLICANT: Brett Randolph & Jeanne Miller REQUEST: A Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single- family dwelling to encroach. 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. LOCATION: Lot 5, Block 6, Erskine Subdvision; 417 Erksine Ave. ZONING: R2- Two - 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, August 2, 2011 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 them to ssmithQkodiakak.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, August 10, 2011, 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 as at 486 -9363. Your Name: Mailing Address: Your property description: Comments: Case No. 1 2 -008 Public Comment Page 2 0 I,ublic hearing item ( -A P &Z August 17, 2011 Current Location 417 Ersking Ave. P & Z Case 12 -008 Brett Randolph & Jeanne Miller Request a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. Kodiak Island Borough GIS 0 165 Feet 330 660 ( Subject Parcel Notification Area 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 -008 Public Comment Page 3 of 6 ALASCOM INC PROPERTY TAX DIVISION PO BOX 7207 BEDMINSTER, NJ 07921 PEDRO BILIRAN PO BOX 2612 KODIAK, AK 99615 OSCAR BOADO PO BOX 4113 KODIAK, AK 99615 MICHELLE CAGUIOA 415 ERSKINE AVE KODIAK, AK 99615 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD. KODIAK, AK 99615 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 WESTON FIELDS PO BOX 25 KODIAK, AK 99615 CHARLES HILL 323 ERSKINE ST KODIAK, AK 99615 RICHARD KNIAZIOWSKI ETAL 421 MILL BAY RD KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 GILBERT BANE 304 WILSON ST KODIAK, AK 99615 RAE JEAN BLASCHKA P O BOX 649 KODIAK, AK 99615 BOLIGHAJ TRUST PO BOX 2893 KODIAK, AK 99615 ELIZABETH CHIESA PO BOX 459 KODIAK, AK 99615 BENNY DAQUILANEA P.O. BOX 789 KODIAK, AK 99615 SAM EADS ETAL 419 CAROLYN ST KODIAK, AK 99615 MIKE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 FRANCES IANI P.O. BOX 177 KODIAK, AK 99615 KODIAK IS PROP CEMETERY P.O. BOX 706 KODIAK, AK 99615 DANYA LESTER ETAL 8003 MARSHA LOOP ANCHORAGE, AK 99507 Nuplic Hearing Item I -A D &Z August 17, 2011 DEWEY BELL 419 ERSKINE AVE KODIAK, AK 99615 RANDY BLONDIN ETAL PO BOX 4478 KODIAK, AK 99615 STEPHEN BURNSIDE ETAL 418 MILL BAY RD KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 C DAVIDSON FAMILY TRUST P O BOX 2097 KODIAK, AK 99615 ADRIANO FANGONILO 612 LOWER MILL BAY RD KODIAK, AK 99615 WILLIAM HALL 3219 E. MOUNTAIN VISTA DR PHOENIX, AZ 85048 CAROLE JOHNSON 519 CAROLYN ST KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 NOE LOPEZ 518 CAROLYN ST KODIAK, AK 99615 Case No. 12 -008 Public Comment Page 4 of 6 LAWRENCE MALLOY ETAL 315 MILL BAY RD KODIAK, AK 99615 HANS MOODY 510 CAROLYN ST KODIAK, AK 99615 DAVID OLSEN P.O. BOX 163 KODIAK, AK 99615 D. ANN POIRIER 520 CAROLYN ST KODIAK, AK 99615 RICHARD RUBINA 421 CAROLYN ST KODIAK, AK 99615 NEIL SARGENT 303 WILSON KODIAK, AK 99615 GARY STEVENS P.D. BOX 201 KODIAK. AK 99615 SUPERIOR BUILDING SUPPLY C/0 MARVIN POER fQ CO. 18818 TELLER AVE #277 IRVINE, CA 92612 UNITED STATES OF AMERICA KODIAK, AK 99615 FREDA VILLASENOR 516 CAROLYN ST KODIAK, AK 99615 JACK MANN P.O. BOX 245 KODIAK, AK 99615 DAVID MORENO 414 MILL BAY RD KODIAK, AK 99615 ANTHONY PEREZ REV LVNG TRST 6161 E. 34TH AVE ANCHORAGE, AK 99504 BRETT RANDOLPH PO BOX 210 KODIAK, AK 99615 JAVIER RUIZ 514 CAROLYN AVE KODIAK, AK 99615 JOHN SNIFFER 424 CAROLYN ST KODIAK, AK 99615 KEIKO SUGAWARA PO BOX 683 KODIAK, AK 99615 THOMAS THISSEN 316 MILL BAY RD KODIAK, AK 99615 US FISH 6x WILDLIFE SVC DIVISION OF REALTY 1011 E TUDOR RD ANCHORAGE, AK 99503-6199 DANIEL WASHBURN 956 MAGNOLIA LN TACOMA, WA 98465 I-'ubiic Hearing Item / -A !TP&Z August 17, 2011 JOAN MANN THOMAS 45 AVENUE DEL NORTE SAN ANSELMO, CA 94960 RICKY NELSON ETAL 413 ERSKINE AVE. KODIAK, AK 99615 KIM PIPER ETAL 515 CAROLYN ST KODIAK, AK 99615 NESTOR ROY 417 MILL BAY RD #A KODIAK, AK 99615 AMADEO SAGUN ETAL 511 CAROLYN ST KODIAK, AK 99615 JAMES SMITH 610 LOWER MILL BAY RD KODIAK, AK 99615 SUNSET DEVELOPMENT CO CJO FIRST AMERICAN COMMERCIAL... PO BOX.167928 IRVING, TX 75016 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE, AK 99513 VICKI VANEK P 0 BOX 1163 KODIAK, AK 99615 JOEL WIERSUM PO BOX 1676 KODIAK, AK 99615 Case No. 12 -008 Public Comment Page 5 of 6 EDITH WILEY P O BOX 446 KODIAK, AK 99615 Public hearing item f -A ,P &Z August 17, 2011 PAUL ZIMMERETAL 2000 RIDGE CIRCLE KODIAK, AK 99615 Case No. 12 -008 Public Comment Page 6 of 6 DATE: TO: FROM: SUBJECT: CASE: APPLICANT: REQUEST: I-'ubllc hearing item / -A ( P &Z August 17, 2011 MEMORANDUM August 5, 2011 Planning and Zoning Commission Community Development Department . Information for the August 17, 2011 Regular Meeting 12 -008 Brett Randolph & Jeanne Miller A Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. LOCATION: 417 Erskine Ave. ZONING: R -2 Two Family Residential Zoning District. Sixty -two (62) public hearing notices were distributed on July 14, 2011. Date of site visit: 1. Zoning History: None The Kodiak Island Borough 1968 Comprehensive Plan identifies Erskine Subdivision Block 6 Lot 5 as Residential — R-2. 2. Location: Physical: Legal: 3, Lot Size: 4. Existing Land Use: 5. Surrounding Land Use and Zoning: North: Use: Zoning: South: Use: Zoning: East: Use: Zoning: West: Use: Zoning: Erskine Subdivision Block 6 Single Family Residence R -2 Two Family Residential Erskine Subdivision Block 6 Single Family Residence R -2 Two Family Residential Erskine Subdivision Block 5 Duplex R -2 Two Family Residential Erskine Subdivision Block 6 Single- family residence R -2 Two Family Residential 417 Erskine Ave. Erskine Subdivision Block.6 Lot 5 4,756 Square Feet Single Family Residence Lot 4 Zoning District Lot 6 Zoning District Lot 15 Zoning District Lot 2 Zoning District Case No. 12 -008 Staff Rpt Page 1 of 8 Public hearing item ( -A ,P &Z August 17, 2011 6. Comprehensive Plan: The 2008 KIB Comprehensive Plan Update depicts this area as Residential. 7. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: Kodiak Island Borough Code Title 17 KIBC17.80.040 Yards (R -2 Two Family Residential Zoning District) A. Front Yard. 1. The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. B. Side Yard. The minimum yard required on each side of a principal building is 5 feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 10 feet. KIBC17.140 (Existing Nonconforming Uses and Structures) 17.140.010 Explanation. When a lot, structure or use legally exists prior to the adoption of an ordinance codified in this title, but does not meet the requirements of this title, it shall be permitted to continue within the limits set forth in this chapter under "nonconforming" status. There are three types of nonconforming status: A. Nonconforming Lots. The lot width or area is smaller than the minimum permitted in the land use district in which it is located; B. Nonconforming Structures. The structure is designed to accommodate a nonconforming use or fails to meet yard, height or other development requirements established for the land use district in which it is located; and C. Nonconforming Uses. The use to which land and /or structures is being put is nota permitted or conditional use in the land use district in which it is located. [Repealed and reenacted by Ord. 97- 09 §2, 1997; Ord. 82 -45 -0 §1, 1982. Formerly §17.36.010]. 17.140.020 Intent. It is the intent of this chapter to permit these nonconformities to continue until they are eliminated. Nonconforming uses are generally incompatible with conforming uses. Nonconforming nonresidential uses are especially incompatible with permitted uses in residential zoning districts. [Repealed and reenacted by Ord. 97 -09 §2, 1997; Ord. 86 -18 -0 §2, 1986; Ord. 82 -45 -0 §1, 1982. Formerly §17.36.020]. 17.140.030 Nonconforming lots of record. A nonconforming lot in any zoning district can be developed, as permitted; provided, that it can be demonstrated that all other current zoning district requirements such as setbacks and parking can be met. Nothing in this title shall be construed to prohibit the creation of nonconforming lots which are federally mandated. [Repealed and reenacted by Ord. 97 -09 §2, 1997; Ord. 90 -04 §2, 1990; Ord. 87 -14- 0 §2, 1987; Ord. 82 -45 -0 §1, 1982. Formerly §17.36.030]. 17.140.040 Nonconforming structures. A. Any legal structure existing at the effective date of adoption or amendment of the ordinances codified in this title that could not be built under the existing terms of this title by reason of restrictions on area, lot coverage, height, yards, deficiency of required parking, or other characteristics of the structure or its location on the lot may be continued so long as it remains otherwise legal. B. Ordinary repairs, including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing, may be made to nonconforming structures. Case No. 12 -008 Staff Rpt Page 2 of 8 rublic Hearing Item ( -A �)PR7 August 17, 2011 C. Nonconforming residential structures may be enlarged or expanded; provided, that there are no other residential structures located on the property, no portion of the structure extends over any lot line, and all other building, fire and zoning requirements are met. Any encroachment into required setbacks exceeding the original building footprint shall be permitted only by the grant of a variance under Chapter 17.195 KIBC. D. Should a nonconforming structure be destroyed, it shall not be reconstructed except in conformity with the regulations of this title. Destruction does not include deterioration through ordinary neglect. [Repealed and reenacted by Ord. 97 -09 §2, 1997; Ord. 82 -45 -0 §1, 1982, Formerly §17.36.040]. KIBC17.195.010 Authority and Purpose (Variances) The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. KIBC17.195.020 Application An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. AU applications shall be available for public inspection. KIBC17.195.030 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. KIBC17.195.050 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 6. 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. KIBC17.195.060 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 Case No. 12 -008 Staff Rpt Page 3 of 8 Public Bearing item ( -A i - - &Z August 17, 2011 commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. KIBC17.195.070 Effective Date The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. KIBC17.195.080 Cancellation Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. KIBC17.195.090 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. KIBC17.195.100 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. COMMENTS The applicant is requesting three variances; a front yard variance of 2 & 1/2 feet, a side yard variance of 1 & 1/2 feet, and by inference, .a parking variance exempting the property from the required one (1) off- street parking space. Ordinance 1980 -24 established the Existing Nonconforming Uses and Structures chapter of Title 17 Kodiak Island Borough Code of Ordinances. This ordinance was adopted by the Borough Assembly on June 5, 1980. Section 4 of the ordinance contained what has popularly become known as the "Grandfather Clause "1. This section reads; "That the date of passage of this ordinance creates a new grandfather or non- conforming use date, June 5, 1980. Any zoning or building violation; except matters currently under litigation, become legal as of this date, June 5, 1980, and shall be termed a non - conforming use ". Erskine Subdivision Block 6 Lot 5 is a nonconforming lot of record due to inadequate lot width and total land areal. The structure located on the lot is a nonconforming building due to the documented front and side yard encroachments. As such, Kodiak Island Borough Code 17.140.030 and Kodiak Island Borough Code 17.140.040 regulate the existing use and structure. The common interpretation of the ordinance is "As is Where is ". The current property owner, under the terms of Chapter 17.140, could renovate, remodel, or build a second story addition (or more) to the existing structure. The non - conforming uses and structures ordinance does not forgive the lack of required off - street parking. Ordinance 1964 -5, adopted August 6, 1964, was the original Kodiak 1 Appendix page 4 of 13 2 Appendix page 6 of 13 Case No. 12 -008 Staff Rpt Page 4 of 8 Nubiic Hearing item f -A i' 1P &Z August 17, 2011 Island Borough zoning code. The ordinance required a minimum of one off - street parking space, with dimensions of "10 feet wide by 20 feet long ", per dwelling units: Likewise, lack of enforcement by the Borough's zoning code enforcement regime does not confer any expectation of legitimacy. Indeed, lack of enforcement has historically been rather typical of the Borough's efforts in this arena. Documentary evidence4 establishes that adequate off- street parking was provided for the property on at least two recorded dates, October 1964 and September 1978. By applicant's admission, "We believe that the previously existing off - street parking was eliminated at some point during the mid -to -late 1080's or early 1990's ", a period well past the June 5, 1980 cut -off date. Under the terms of Kodiak Island Borough Code 17.140.020 Intent, which reads, "It is the intent of this chapter to permit these nonconformities to continue until they are eliminated ", a voluntary elimination of non - conformity means that the current parking requirement of three off - street parking spaces per dwelling unit should be met. Given the present circumstances, this requirement would appear to be extremely burdensome. Kodiak Island Borough Code 17.140.040 D allows us to navigate around this requirement. Interpreting the voluntary elimination as "deterioration through ordinary neglect ", a requirement that the property owner re- establish the historically documented off- street parking of one space would seem reasonable. As stated earlier in this report, the property owner could remodel, renovate, or expand the current structure under the terms of Kodiak Island Borough Code 17.140. However, any proposal to expand the structure beyond the current building footprint would require a variance at that time. No proposal has been put forth by the property owner for evaluation. The current request for variances appears to be inconsistent with the accepted meaning and application of the nonconforming chapter. Variances attach to, and run with the land in perpetuity. If granted, the variances would allow the property owner to completely eliminate the current non - conforming structure and redevelop (on the existing footprint) without concern for the current zoning district standards. In essence, a boutique zoning district, specifically tailored for the applicant, would be the result. KIBC17.195.030 Investigation states, "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. These findings in order are; 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; The subject property is a. non - conforming lot and structure. This characteristic is shared by many properties in the Kodiak Urban area and is not exceptional. 3 Appendix pages 8 & 10 of 13 4 Appendix pages 12 & 13 of 13 Case No. 12-008 Staff Rpt Page 5 of 8 Nubile t- iearmg item (-A P &Z August 17, 2011 There is no intended use or development currently being proposed for evaluation relative to 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; The applicant has not demonstrated 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; Granting a variance relieving the applicant of the requirement for off-street parking would unduly burden the public's safety. On street parking through this portion of Erskine Avenue effectively reduces the through - traffic capacity of the street to a one - way load. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area as residential. Granting the requested variance(s) would not be contrary to the objectives . of the 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 The applicant has not undertaken any action giving rise to special conditions, financial hardship, or inconvenience. 6. That granting the variance will not permit a prohibited land use in the district involved. The granting of a variance(s) would not permit a prohibited land use in the applicable zoning district. Case No. 12 -008 Staff. Rpt Page 6 of 8 Public Heanng item / -A P &Z August 17, 2011 RECOMMENDATION Staff does not believe that this request meets all the conditions necessary, as reflected in the findings of fact, for the requested variances to be granted under Chapter 17.195 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant A Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single - family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback, and to adopt findings contained in the staff report dated August 5, 2011 as "Findings of Fact" for Case 12 -008. Staff recommends that this motion be defeated. FINDINGS OF FACT 17.195.050 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 a non - conforming lot and structure. This characteristic is shared by many properties in the Kodiak Urban area and is not exceptional. There is no intended use or development currently being proposed for evaluation relative to properties in the same land use district. 17.195.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The applicant has not demonstrated practical difficulties or unnecessary hardship. 17.195.050 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. Granting a variance relieving the applicant of the requirement for off - street parking would unduly burden the public's safety. On street parking through this portion of Erskine Avenue effectively reduces the through - traffic capacity of the street to a one - way load. 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this area as residential. Granting the requested prospective variance(s) would not be contrary to the objectives of the Plan. 17.195.050 A.5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Case No. 12 -008 Staff Rpt Page ,7 of 8 Public Hearing item ( -A ? &Z August 17, 2011 The applicant has not undertaken any action giving rise to special conditions, financial hardship, or inconvenience. 17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of prospective variance(s) would not permit a prohibited land use in the applicable zoning district. Case No. 12 -008 Staff Rpt Page 8 of 8 1 1 ' ! w 7 , n Nublic Hearing Item (-A P &Z August 17, 2011 KODIAK ISLAND BOROUGH ORDINANCE NO. 80-24-0 AN ORDINANCE AMENDING TITLE 17 OF THE KODIAK ISLAND BOROUGH CODE PERTAINING TO ENFORCEMENT PROCEDURE, PENALTIES AND REMEDIES, AND APPEALS. Section 1. Section 27.03.070 is added to the Kodiak Island Borough Code as follows: 17.03.070 Building Permit and Conformity to Zoning Notwithstanding anything in Section 17.03.060 to the contrary, no approval of a building permit or plans or specifications under Section 17.03.060 or under Title 15 of this code shall permit any violation of this title, or modify or waive any provision of this title. When the terms of any ouilding permit, or any approved plans or specifications, conflict with the provisions of this title,'the provisions of tnis title shall govern. Section 2. Kodiak Island Borough Code Sections 17.66.010, 17.66.060, 17.66.070 and 17.66.200 are repealed and reenacteo as follows: 17.66.010 Planning Commission - Administrative Jurisdiction A. The Planning Commission by resolution may adopt rules consistent with this title to implement, interpret or make specific its provisions. Copies of all rules adopted under this subsection shall be available to the public in the offices of the building official and the clerk. • The Planning Commission shall review and act upon applications for exceptions and variances, and appeals from decisions of the building official, as provided in tors chapter. 17.66.060 Appeals from Building Official .A• The following decisions of the building official are subject to appeal to the Planning Commission: 1. The denial of a building permit. 2. The issuance of an order under Section 17.75.010A. Case No. 12-008 Appendix Page 1 of 13 Puoiic Nearing item 1 -A • P&Z August 17, 2011 1 8. A decision described in A of this section is final unless appealed to tne Planning Commission within ten days of tne mailing of notice of the decision. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reason for tne appeal and the relief sought, and payment of the. appeal fee prescribes under this chapter. 1 C. An appeal under this section may be brougnt by any person aggrieved by the decision appealed, or any government agency. 17.66.070 Appeals - Searing and Decision A., The Planning Commission shall hold a puolic hearing on earn appeal. At the nearing the Commission shall review the appeal record and hear evidence anc argument presented oy persons interested in the appeal. S. The Planning Commission snail either attirm or reverse tne building official's decision in whole or in part. It tne Planning Commission fails to approve tne reversal of tne building official's decision, that aacision is afficmeo. C. Every decision of tne Planning Commission on an appeal shall be based upon findings and conclusions adopted by the Commission. The £inoings must be reasonably specific so as to provide the community, and where appropriate, reviewing authorities, a clear ana precise unaerstanaing of the reason for the decision. D. The Planning Commission's decision on an appeal snail be mailed to the appellant within ten nays after the decision. 17.66.200 Stay Pending Appeal An appeal from a decision granting an exception or variance stays the decision appealed from until there is a final decision on the appeal. Section 3. Kodiak Island Borough Code Chapter 17.75 is repealed and reenacted as follows: Ord. No. 80 -24 -0 Page 2 Case No. 12 -008 Appendix Page 2 of 13 Public Nearing item ( -A PR;7 August 17, 2011 (1 1 1 1 1 2 9 9 n 17.75 ENFORCEMENT, PENALTIES AND REMEDIES 17.75.010 Administrative Enforcement Action A. In an emergency situation in which the ouiiding official finds that the public health, safety or welfare requires immediate action, the hulloing official may oraer: 1. The discontinuation of unlawful uses of land or structures; 2. The removal or aoatement of unlawful structures, or any unlawful additions or alterations thereto; 3. The discontinuation of construction or other preparatory activity leading to an unlawful stfucture or an unlawful use of land or a structure; 4. When necessary to insure compliance witn this title, the suspension or revocation of ouilding permits, variances or other Borough land use entitlements. B. Upon complaint by a citizen, or upcn nis own initiative, tne building official may, after investigation, initiate criminal proceedings against any person for tne violation of this title. Except for prosecutions for failing to comply with an order issued under A of this section, tne building official shall give at least ten days' written notice of intent to prosecute, and may initiate criminal proceedings only if the violation is not cured, and if the person who is tne subject of tne notice fails to seek a variance or other appropriate administrative relief, within the notice period. 17.75.020 Administrative Inspections In accordance with this section the builaing official may make inspections necessary to enforce the provisions of this title. When tne building official has reasonable cause to believe that in any building or on any premises there exists any violation of this title,. he may enter such building or 'premises at any reasonable times to inspect tne same oc perform any of his duties under this title; provided tnat where tne constitution of the United States or the State of Alaska Ord. No. 80 -24 -0 Page 3 Case No. 12 -008 Appendix Paae 3 of 13 miT Public Hearing Item ( -A • P&Z August 17, 2011 i n . 2 9 9 requires that the building official obtain a search warrant making an inspection, he shall not make the inspection until authorized to do so by a search warrant issued by a court of competent jurisdiction. 17.75.070 Penalties and Remedies A. A'person who violates any provision of this title, any order issued under Section 17.75.O10A, or any term or condition of a conditional use, variance or other entitlement issued under this title is guilty of a misdemeanor and upon conviction is punishable by a fine of not more than five hundred dollars ($500.00). B. The Borough or any aggrieved person may bring a civil action to enjoin any violation of this title, any order issued under Section 17,75.010A, or any term or condition of a conditional use, variance or other entitlement issued under this title; and to obtain damages for any injury the plaintiff suffered as a result of the violation. An action for injunction under this section may be brought notwithstanding the availability of any other remedy. Upon application for injunctive relief and the finding of an existing or threatened violation, the Superior Court shall enjoin the violation. C. Each act or condition violating this.title,, any order issued under Section 17.75.C10A, or any term or condition of a conditional use, variance or other entitlement issued under this title, and every day during which the act or • condition occurs, constitutes a separate violation under this section. (Section 1) That the date of passage of this ordinance) ates a new grandfather or non- conforming use _date, June 5, 1900i.) y zoning -or building violation; except matters presently undei) 'litigation, become legal as of this date, June 5, 1980, and shall; he termed . a-non- conforming use) Section 5. This ordinance is effective upon passage and approval. Case No. 12 -008 Appendix Page 4 of 13 Public Hearing item f -A P &Z August 17, 2011 0'1 fl I 3 `) 1 4 PASSED AND APPROVED this 5th day of June , 1980. 1 KODIAK ISLAND BOROUGH Deputy y First Reading: May 1, 1980 Second Reading, Public Hearing: June Effective Date: June 5. 1980 Ord. No 80 -24 -0 Page 5 5, 1980 Case Nn 12 -nnR Annenrfix Pane 5 of 13 LO-T LOT 8 UP -DATE OF: 10/22/10 1. REISOVE5 CONCRETE DZE Y 2. SwieGES LOCATION OF UBUfY POLE AT N.Q. CORNER S. ADDS HYDRANT t DEFINES SFIEEF �WNIEDIIS S RE— DRIFTS ORbQII . AS —BDILT BY ECKU ND SURVEYING TO AUTO CAD FORMAT RL) d1ANGEs AREA OF LOT NOTE: OAEFESONS FFd1 PROP. US TO =DC ARE 1O FOUNDATION IRIDDDIG moans ARE 10 OUTSIDE OF SONG AS -SLIT P HORIZON I. P,O. KODIAK, (907) SURVEYOR 1 HEREBY CERTIFY THAT I 1- DESCRIBED PROPERTY; LOT SUBDIVISION, U.S.S. 582 PE RECORDING DISTRICT, KODIA AND THAT THE IMPROVEMEN IN THE PROPERTY LINES M ON THE PROPERTY LYING A IMPROVEMENTS ON PROPER CROACH ON THE PREMISES 140 ROADWAYS, TRANSMISSIC EASEMENTS ON SAID PROPS DATED THIS -ttsi' 1 2 3 4 5 e 7 8 9 10 11 12 13 14 - 15 1e 17 18 19 20 21 22 23 24 25 28 27 • 28 29 30 31 32 Hublic hearing Item f -A P &Z August 17, 2011 • ORDINANCE NO. 64-17 MGM ORDINANCE OF THE KODIAK ISLAND BOROUGH This Zoning Ordinance is enacted for the purpose of promoting health, safety, corals, comfort, and General Welfare. It is enacted to con - erve and protect property values, to secure the most appropriate use of land, and to facilitate adequate but economical provisions for public improvements. This Ordinance is in accordance with a Compre- hensive Plan and contributes to the desirable future development of the Borough, provides a method of administration, and prescribes penalties for the violation of provisions hereafter described. WHEREAS, Section 07.15.340 Alaska Statutes empowers the orough to enact a Zoning Ordinance and to provide for its administra- ion, enforcement, and amendment; and WHEREAS, the Borough Assembly has established a Planning and Zoning Commission; and WHEREAS, the Borough Assembly deems it necessary, for the pur- pose of promoting the health, safety, morals, or general welfare, to enact a Zoning Ordinance; and WHEREAS, the Borough Assembly has adopted a long -range Borough Plan to guide and facilitate orderly and beneficial growth of the Borough; and WHEREAS; the Borough has adopted a Comprehensive Study and based a Zoning Ordinance on it to serve as a most important measure for achieving such orderly and beneficial community growth; and WHEREAS, a Zoning Ordinance is necessary in order to promote e health, safety, morals, and general welfare of the Borough for its immediate and future growth period; and WHEREAS, the Borough Planning and Zoning Commission and Bo- rough Assembly have adopted a Comprehensive Plan and other pertinent factors necessary to the preparation of. a Zoning Ordinance: NOW, THEREFORE, BE IT ORDAINED by the Borough Assembly of the e One, ORDINANCE No. 64- Case No. 12 -008 Appendix Page 7 of 13 1 2 ' 3 4 5 8 7 8 9 10 11 I2 13 14 le 16 17 18 19 20 21 22 23 24 25 26 27 28 2g 30 31 32 Public Nearing Item 1 -A P&Z August 17, 2011 . Line that is opposite and most distant from ftt lot line,. and in the case of irregular, triangular or gore shaped lot, a line not less than 10 feet in length, within a lot, parallel to and at the max mum distance from the front lot line. Lot Line. Side. Any lot boundary line not a front lot line or a rear lot line. Lot Depth. The mean horizontal distance separating the side lot lines of a lot and at right angles to its 'depth. Motel. A group of one or more detached or semi - detached build- ings containtwe or more individual dwelling units and /or guest rooms, designed for or used temporarily by automobile tourists or transients, with a garage attached or parking space conveniently located to each unit, including groups designated as auto courts, motor lodges, or tourists courts. NonoConforming Building. Any building or structure or any portion thereof, lawfully existing at the time this ordinance became effective, which was designed, erected, or structurally altered for a use that does not conform to the use regulations of the zone in which it is located, or a building or structure that does'not conform to all the height and area regulations of tilt zone in which it is located. Nursery, Children's. Any home or institution used and maintained to provide day care for more than four children not more than 7 years of age. Parking Space, Private. dnp'automobile parking space not less lehen 10 feet wide and 20 feet long: Parking Space, Public. An area of not less than 250 sq. ft. • inclusive of drives or aisles giving access thereto, accessible Page Nineteen, ORD_NNANCE No. 64- 5 Case No. 12 -008 Appendix Page 8 of 13 1 2 4 5 6 7 8 9 16 11 12 14 16 17 18 ID 20 21 22 23 26 26 27 23 30 31 32 3,, n rt T +7 1 8 4 E i F'ubllc Hearing Item ( -A ) P&Z August 17, 2011 occupied or used, subject to the limitations set forth above for existing nonconforming uses. The-term "in existence shall include, for the purposes of this section only, any building under actual construction at such date, provided that such build ing be completed within one year therefrom. No Building which has been damaged or partially destroyed to the extent of more than 50% of its assessed value shall be rep- aired, moved or altered except in conformity with the provision of this ordinance. The provisions of this section shall apply to uses which become nonconforming by reason of any amendment to this ordinance, as of the effective date of such amendment. Regardless of any other provision of this ordinance, any junk yard as defined herein, which after the adoption of this ordin ante exists located in any district other than an "I" district as a nonconforming use, is hereby declared to be a public nuis ante and shall be abated, removed or changed to a conforming use within two years thereafter. SECTION 14 OFF- STREET PARKING AND LOADING AREA REGULATIONS Off - Street Parking 1. There shall be provided at the time of the construction of any main building or at the time of the alteration, enlarg- ement or any change in use of any main building, permanent) maintained free off - street parking facilities for the use of occupants, employeed or patrons of such buiading,,and it shall be the joint and several responsibility of the 'Page Thirty Dim ORDINANCE NO. 4;,t8 Case No. 12 -008 Appendix Page 9 of 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _ 29 30 31 32 0 � 1 b Public Hearing Item (-A f P &Z August 17, 2011 of the owner and /or occupant of any main building or structure to provide, and thereafter maintain, the following minimum free off- street parking facilities: at Mwellingsii ((1)1 For each singleeffamilp dwelling, two family dwelling multiple family dwelling, one private parki>� spsce'�fo Fech dwelling unit. b. Buildings Other Than Dwellings: 01) Motel or boavding house, one private parking space for each dwelling uhit or guest room. (2) Hotel, one private parking space for each dwelling unit and one public parking'space for every three guest roe s, (3) Church, general auditorium, high school or college and itorium, stadium,-theatre, meeting hall or eating and drink ing establishment, one public parking space for each five seats based on maximum seating capacity. (4) Dank hall, skating rink, exhibition hall, labor union hall, or lodge hall - one public parking area for each 200 square feet of floor space. (5) Hospital - one public parking space for each four beds based on maximum capacity. (6) Bank, office building, professional office, funeral . parlor or clinic - one public parking space for each 250 square feet of floor area. (7) Business office (not generally patronized by public) - one parking place plus one additional public parking spa •e for each three employees. (8) -Retail store or business - one public parking space fo each 500 square feet of floor area, except that a retail Page f+ q, ORDINANCE NO. a 400- Case No. 12 -008 Appendix Page 10 of 13 iggrr- n. 0'01 0 1 3 7 n 1 2 3 4 5 e 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 30 31 32 Public Hearing item I -A P &Z August 17, 2011 SECTION 24 SEVERABILITY A. In the event any portion, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction such decision shall not affect the validity of the remaining portions Of this ordinance. Publication of this Ordinance shall be made by posting a con hereof on the Borough Assembly Bulletin Board for a period of ten (10) days following its passage and approval. First Reading and Approval date: July /G , 1964. Second Reading and Approval date: August 6, 1964. Passed by the Kodiak Island Borough Assembly, the (ot%day of August, 1964. ATTEST: jiarceser A,5% PRESIDING 0 Published: Page•Eiaty- three, ORDINANCE NO. ?Id 4 44' Case No. 12 -008 Appendix Page 11 of 13 October September a Public Hearing Item i -A P &Z August 17, 2011 Case No. 12 -008 Appendix Page 12 of 13 Hublic Hearing item l -A P &Z August 17, 2011 Case No. 12 -008 Appendix Page 13 of 13 Martin Lydick, Associate Planner, Community Development Department, Kodiak Island Borough 22 July, 2011 Re: Application for Variance; 417 Erskine Street Under Variance 17.66.050 Approval or denial. (Please find under:) 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;" - a.) The subdivision property lines were laid out and formalized as early as 1946, originally occurring before any borough codes or requirements (since the KIB did not exist at the time the property was developed). As such, the property does not meet currently- required minimum lot size. Furthermore, the house footprint on the lot now also is in minor violation of currently- mandated yard and setback requirements. b:) The lot is an odd shape that incorporates a modified wedge -shape that is very wide at the street side, but very narrow in section on the back lot line. The property is also sited on a gentle slope that falls off to the south and west. This results in a curving slope on the street side of the lot. The southern portion of the street -side lot line has a street -light pole and a fire hydrant. These physical characteristics and existing facilities act to limit how an off - street parking area could be developed. I believe that current KIB code requires a minimum parking area for three vehicles for a single- family dwelling. When the house was originally constructed, there was provision for off - street parking for probably two vehicles. We believe that the previously - existing off - street parking area was eliminated at some point during the mid -to -late 1980's or early 1990's when the east end of the house was modified to incorporate what we now call an office area and a boiler room. Note that this modification was done in the past, but while the KIB had jurisdiction and codes in effect that could have prevented this deficiency; those codes were either overlooked or not enforced. The KIB knew or should have known about the changes and allowed them to occur without intervention. Right now and since the late 1980's or early 1990's, there is no off - street parking developed as specified in the KIB Parking Code for this address. c.) The dwelling that currently exists was constructed in the middle 1950's even before Alaska was a state. As far as we know, the dwelling footprint has not changed since the time of the original construction. The changes to the east end of the house, while eliminating off- street parking in that area, did not result in an encroachment to the required yard and setback for this portion of the lot, according to a CDD interpretation or opinion that Brett Randolph received upon the initial visit to KIB CDD. The two minor encroachments are historically ancient compared the KIB code and requirements, and result from the way the property lines were originally laid out, and the original siting of the dwelling on the lot relative to the property lines, and result because of the much -later development and adoption of the KIB code. 2. "That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;" a.) If the provisions of the yard and setback portions of the code were to be strictly complied with, this could mean the dwelling may have to moved, or modified in such a way as to eliminate the portions that fall into the required yards. This would prove to reduce the usable area of the dwelling and could result in unusual construction that could be both costly and have a negative effect on the usable area of the house and its value. Strict compliance would be both impractical and unnecessary since the house has been in this configuration on the lot for many, many years, without complaints from adjacent property owners or from the KIB CDD that we are aware of. b.) If the off- street parking provisions of the KIB code were to be strictly interpreted and enforced, it would create a very expensive and unnecessary hardship to the current owners, as the cost to design and construct off- street parking and to be in compliance with all codes and permits for driveway construction, and possible utility relocation, could be significant. The violations of parking code result from development of KIB codes and regulation after original construction, and also from later lack of KIB CDD enforcement or oversight, first when the dwelling was modified on the east end, and second, when Upper Erskine street was rebuilt during the 1990's. Practically speaking, if KIB meant to strictly enforce the parking code, it should have been done by KIB at the earliest opportunity to do so. 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;" a.) At this time, the applicants do not have plans to change the way the dwelling has been used- it will remain to be a single - family dwelling, and its intended use as a single - family dwelling should not result in material damage and should have no negative effect whatsoever on any adjacent property owners or any properties in the vicinity. The conditions that have prevailed for the years before the applicants' purchase of 417 Erskine Street, should continue. There will be no change to any aspect of public health, safety or general welfare if the variance is granted. 4. "That the granting of the variance will not be contrary to the objectives of the comprehensive plan;" a.) As stated above, the applicants do not intend to use the dwelling for any other purpose than a single - family dwelling, so there should be no change that would 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" a.) The applicants have not undertaken any actions that would, could or did cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. 6. "That granting the variance will not permit a prohibited land use in the district involved." a.) As stated above, the applicants do not intend to use the dwelling for any other purpose than as a single - family dwelling, so there should be no change that would result in a prohibited land use in the district involved. Applicants believe that for the reasons stated, the dwelling and property development as it currently exists at 417 Erskine should be recognized as "grandfathered" under current KIB codes and requirements and that a variance should be granted to the applicants, for the use of 417 Erskine Street as it has been used for approximately the previous 55 years. -Brett Randolph and Jeanne Miller July 14, 2011 Brett Randolph Jeanne Miller PO Box 210 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 -008. Request a Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single -family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback: Dear Mr. Randolph & Ms. Miller: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their August 17, 2011 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, August 10, 2011 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, inetsick z''a Sheila Smith, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486 -9363 July 14, 2011 Public Hearing Item 7 -A PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 17, 2011. 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: 12 -008 Brett Randolph & Jeanne Miller A Variance, according to KIBC 17.195 and 17.80.040.A & B, to allow an existing single- family dwelling to encroach 2.5 feet into the required 25 -foot front yard setback and to allow a 1.5 foot encroachment into the 5 -foot side yard setback. LOCATION: Lot 5, Block 6, Erskine Subdvision; 417 Erksine Ave. ZONING: R2- Two - 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 Dm. August 2. 2011 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 them 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, August 10, 2011, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room ( #12I), 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 proper■ description: Comments: Current Location Request a Variance, according to KIBC 17.195 and 417 Ersking Ave. 17.8O.O4O.A & B, to allow an existing single - family P & Z Case 12 -008 dwelling to encroach 2.5 feet into the required Brett Randolph & 25 -foot front yard setback and to allow a 1.5 foot Jeanne Miller encroachment into the 5 -foot side yard setback. Ilir51019V .. . ,z, - 43 af#WIrrc?-lit,. V AlgIffr,„Nert, J N JA ` ■ cA r_` �� i• n �� G�11 o�v �2A �S, r'�j�` �J 0 (Q V ,-50 1" A'-. 0 40 op '. IP N i 6 cb 8° .':) 550 • ,\o5 ^ ONCID 20 N� -1 �' '' ` • "a\ 520P ^<0 kk' FGA h " rl, 5 �tx G�� 7 B 612 wq' ® 4 r, 614 , 12 6 I, c1"5 13 620 .� , ^P P ,qi r,c3 ,,700,7 „Air e ° \—, O 06, Nod Q CO oa 1 0(6 7O, �� . 0<0 8 cb • 9 '` 1 •• 7 N 0 p V OA ii, <0°) h� + Cp a \ J� 6) 0) J (�/� 512 699 �0 0 D co 16 , 0 cO16 �6 Cr s° V ry �ti� ^�� N � , STREET ce ip ^� Q' \� V t319 204 r '• N ,:f�i� 4, ^ 41 �5S 2�3aO \-S �oP 64 0\� \ 6 •�o� o 1 14 3 tip' NNE r p 2 '• (17 - I 9/ r Psi, ��PZ �� TR ' �, Go ► ► orb .P J Cu 3Q • 01 0 C Od �7 Z N PO A�0 K'\ b e 301 ti� '° Rp r N r.) 0,144i<5:,3 N Sool., CO . Q, �;A a de Kodiak Island Borough GIS Legend Subject Parcel 1 Notification Area 1 VV �fV ' ' . 1 Feel 0 165 330 660 1 t t t i t t r I 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. 0 ALASCOM INC PROPERTY TAX DIVISION PO BOX 7207 BEDMINSTER, NJ 07921 PEDRO BILIRAN PO BOX 2612 KODIAK, AK 99615 OSCAR BOADO P O BOX 4113 KODIAK, AK 99615 MICHELLE CAGUIOA 415 ERSKINE AVE KODIAK, AK 99615 COMMUNITY BAPTIST CHURCH 216 MILL BAY RD. KODIAK, AK 99615 EFREN DIESTA ETAL 410 CAROLYN ST KODIAK, AK 99615 WESTON FIELDS PO BOX 25 KODIAK, AK 99615 CHARLES HILL 323 ERSKINE ST KODIAK, AK 99615 RICHARD KNIAZIOWSKI ETAL 421 MILL BAY RD KODIAK, AK 99615 KODIAK ISLAND BOROUGH 710 MILL BAY RD KODIAK, AK 99615 GILBERT BANE 304 WILSON ST KODIAK, AK 99615 RAE JEAN BLASCHKA P O BOX 649 KODIAK, AK 99615 BOLIGHAJ TRUST PO BOX 2893 KODIAK, AK 99615 ELIZABETH CHIESA PO BOX 459 KODIAK, AK 99615 BENNY DAQUILANEA P.O. BOX 789 KODIAK, AK 99615 SAM EADS ETAL 419 CAROLYN ST KODIAK, AK 99615 MIKE FITZGERALD P.O. BOX 3088 KODIAK, AK 99615 FRANCES IANI P.O. BOX 177 KODIAK, AK 99615 KODIAK IS PROP CEMETERY P.O. BOX 706 KODIAK, AK 99615 DANYA LESTER ETAL 8003 MARSHA LOOP ANCHORAGE, AK 99507 DEWEY BELL 419 ERSKINE AVE KODIAK, AK 99615 RANDY BLONDIN ETAL PO BOX 4478 KODIAK, AK 99615 STEPHEN BURNSIDE ETAL 418 MILL BAY RD KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 C DAVIDSON FAMILY TRUST P 0 BOX 2097 KODIAK, AK 99615 ADRIANO FANGONILO 612 LOWER MILL BAY RD KODIAK, AK 99615 WILLIAM HALL 3219 E. MOUNTAIN VISTA DR PHOENIX, AZ 85048 CAROLE JOHNSON 519 CAROLYN ST KODIAK, AK 99615 KODIAK ISL HSG AUTHORITY 3137 MILL BAY RD KODIAK, AK 99615 NOE LOPEZ 518 CAROLYN ST KODIAK, AK 99615 i LAWRENCE MALLOY ETAL 315 MILL BAY RD KODIAK, AK 99615 HANS MOODY 510 CAROLYN ST KODIAK, AK 99615 DAVID OLSEN P.O. BOX 163 KODIAK, AK 99615 D. ANN POIRIER 520 CAROLYN ST KODIAK, AK 99615 RICHARD RUBINA 421 CAROLYN ST KODIAK, AK 99615 NEIL SARGENT 303 WILSON KODIAK, AK 99615 GARY STEVENS P.O. BOX 201 KODIAK, AK 99615 SUPERIOR BUILDING SUPPLY C/O MARVIN POER & CO. 18818 TELLER AVE #277 IRVINE, CA 92612 UNITED STATES OF AMERICA KODIAK, AK 99615 FREDA VILLASENOR 516 CAROLYN ST KODIAK, AK 99615 JACK MANN P.O. BOX 245 KODIAK, AK 99615 DAVID MORENO 414 MILL BAY RD KODIAK, AK 99615 ANTHONY PEREZ REV LVNG TRST 6161 E. 34TH AVE ANCHORAGE, AK 99504 BRETT RANDOLPH PO BOX 210 KODIAK, AK 99615 JAVIER RUIZ 514 CAROLYN AVE KODIAK, AK 99615 JOHN SNIFFER 424 CAROLYN ST KODIAK, AK 99615 KEIKO SUGAWARA PO BOX 683 KODIAK, AK 99615 THOMAS THISSEN 316 MILL BAY RD KODIAK, AK 99615 US FISH & WILDLIFE SVC DIVISION OF REALTY 1011 E TUDOR RD ANCHORAGE, AK 99503 -6199 DANIEL WASHBURN 956 MAGNOLIA LN TACOMA, WA 98465 JOAN MANN THOMAS 45 AVENUE DEL NORTE SAN ANSELMO, CA 94960 RICKY NELSON ETAL 413 ERSKINE AVE. KODIAK, AK 99615 KIM PIPER ETAL 515 CAROLYN ST KODIAK, AK 99615 NESTOR ROY 417 MILL BAY RD #A KODIAK, AK 99615 AMADEO SAGUN ETAL 511 CAROLYN ST KODIAK, AK 99615 JAMES SMITH 610 LOWER MILL BAY RD KODIAK, AK 99615 SUNSET DEVELOPMENT CO C/O FIRST AMERICAN COMMERCIAL.. PO BOX 167928 IRVING, TX 75016 U S BUREAU OF LAND MGT 222 WEST 7TH AVE #13 ANCHORAGE, AK 99513 VICKI VANEK P 0 BOX 1163 KODIAK, AK 99615 JOEL WIERSUM PO BOX 1676 KODIAK, AK 99615 J EDITH WILEY P 0 BOX 446 KODIAK, AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK, AK 99615 KODIAK ISLAND BOCt c'eUGH - COMMUNITY DEVELQ'r'IVIENT 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 .Drell �amdolA twit fl eavvne /141 Ik.r Property owner's name Po c 2/O Property owner's mailing address Act ak, 4.Isk4 9961S-0210 City State Zip 416.0266 90f.430.5282 6 argal skt.iwd Home phone Work Phone E -mail Addr. Agent's name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E -mail Addr. Property Information /5.,2U c2 Property ID Number /s Fekrve41CG L 5 Legal Description Current Zoning: P-Z, Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: 5 i /We- iy ✓'es trience Proposed Use of Property:644a obaye -) '•S ?J" »J0 SfcQQ. �r s--(ea- A o (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 Include optional supporting documentation as indicated below. Additional Narrative /History 4' As-built Survey Photographs Maps - r Other -101% 8i; It ►� /ske .� ,/'S.tfe .Iota* 24421,4ka Zall Date Authorized Agent's Signature Date 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) Property Owner's Signature ' Code Section(s) Involved: STAFF USE ONLY 6030 (z i95 ,; 1-4-.PAOir 0 B Variance (KIDS 17.66.020) $250.00✓ Conditional Use Permit (KIBC 17.67.020.8) $250.00 Other (appearance requests, site plan review, etc.) $150.00 Zoning change fr to (KIBC 17.72.030 and 030.C) Application received by: Staff signature PAYMENT VERIFICATION ',Zoo 2- "Eb11 ,tiji 75 acts t i('odiak11sland Borough t 3 Fir%n eDep ttif& It 4t7.fi t }arcs in' hifi 115017.0 ;1 . Annlicable Kodiak Island Barone] Code Application Requirements General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... • - 17.66.020 Application. An application fora variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided.by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...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 6. 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 investigators 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. 17.66.060 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. - Conditional Use 17.67.020 Application and 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. 17.67.030 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 may be 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; B. That the conditional use fulfills all'other requirements of this chapter pertaining to the conditional use 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 for a public use or'stmeture, the commission must find that the proposed .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 catty • 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 surrounding 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. Boundary Amendment (Rezoning) 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner: A. The assembly upon its own motion; B. The commission upon its own motion; and C. By coition 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 Y P O P even' P PP B 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 Additional Narrative S History regarding: 417 Erskine Street, Lot 5, Block 6, Erskine Subdivision, U.S.S. 562, Kodiak, AK Owners: Brett Randolph and Jeanne Miller Mail: PO Box 210 Kodiak, AK 99615 -0210 Phone Nos: 907.486.0266 Home; 907.830.5282 Cell; 907.830.1104 Cell Brett and Jeanne purchased this property and residence in October 2010. The house was constructed in the mid 50's, and is, for the most part, as it was originally laid out. The house is a single - family dwelling. We believe that at some point during the mid -to- late 1980's, the owners converted what we think was a car -port or parking area and patio - entrance to enclose what is now the boiler room and an additional space that was configured as an office or a family room of some sort. At that time, the roof line was modified, leading to the only documented construction activity that was filed with the Kodiak Island Borough. We have had many different ideas and concepts about changes we would like to make to the dwelling in order for it to become more suitable for our needs and long -term goals, and that lead us to visit the KIB Community Development Department. Duane Dvorak was most helpful in pointing out requirements relating to different ideas we mentioned, and provided a copy of relevant sections of the KIB code. He also suggested that since it appeared that our property falls into the category of "Existing Nonconforming Uses and Structures ", that it would be wise for us to pursue a Variance, in case there was a fire, earthquake, or other disaster that could require substantial repair or replacement of the structure, that could be hindered because of "Non - conformance ". We therefore request a Variance for this developed property. We believe there are three potential problem areas, that we would like to mitigate through obtaining the Variance. The first is that the lot size may be below the currently- required minimum area. The house, and subdivision were developed and have existed in current form and lot size since 1956 or before. This predates borough government and code requirements by many years. The second problem is that the house, as it currently sits, has two (2) minor encroachments into currently- required yards and setbacks. We have provided a copy of the most - recent As- Built Survey with Mr. Dvorak's sketch of the yard - and - setback requirements. As you can see, the south -west corner of the house encroaches into a required side -yard, and the required front yard north corner pokes into what is the front wall of the house by approximately two feet or so. I would characterize these as minor encroachments based on what Mr. Dvorak said to me and in consideration of the character of the neighborhood and other nearby homes. The third problem is that there is currently no off -street parking area, and it appears to have been this way since the late 1980's or so. Thank you for your consideration of our request for a Variance. 4';;■•8-,,,-,c1,-. t,..,;(5 ):'k-3w ?e city.:,31.44.1r1 ,..1313ty•tr;L6:3; Ec •,,tt-Thryt:.•E zc C:^2-:-:&-g2`21-9P.C)1-1 (1, •,;JE--- ;:rta tag It•,";3••-2, I" Jr." -,••. :•-• i.•;;‘,.- ;;•cLci ;Jug • ;;;,- fAcij -:"\p ;"..g; Jur:, !t$0:4! (.I' C1' :::01.1 4:40 CI ;3AE: 2.it.C•31.:Cf ;t: ;:',131;:•.3.3• :I-22 tg.; ‘21 1{,TE. r!)!11; :•y.; :1• ;', W30 .7.3; •.,C3T 1;ic2`, ".‘,31;. ACE% c• 1.1L,D; �w , ,ciFt it1"";;C: Ot .y. r.•.. • :3 ...."1.unf, :-AUF (tit; 0.1 r,•1!41.1.:a 23gi ti„; • ita.i:3-.2t1,•,. V.,3 ..,33;0.3Lif t ;;;:,:t.T; ;•;!?; :.e ...•];,•.:‘ ;,‘ tit..1)GIF J.Lf 1:“"';41- ,•-7.wo ti-'.; 4c.44..e c- tumg, cenicts;c442.- 44.• ;Ty": c„c: ucitec-; rr. c1.1,7; nDerr...u-sureci ivy3 .t-q ;ztpcl.:!;.e.1; 0.44.;cc; "") ic;1191, [J-C ;" '1,74 r;I:41 t"17,' i;?+:%ci (.0 fit;.15;1•;. Z;,;,; 00, 1./.. thh.; ;.6 W:22 ;:c;*"• :a.:227;:" tu!, :tv•-42. CU -1 01, L'elf; ;110.15n1Lid. Ai)C; r:J 5. J.' 43_!G ...k,'":1,12:„• • .1.Th•"%:, :•••IL:::::c..r3C.teir: 0):::; SLig 2 !CL :U :r nts;;‘,.ic, ?'s. +,1*-7;* 2`-4.1 vs.-, • i-1.(L,!-.c4-‘: 420` ct'c v!". C' :3-7•• (.1 nivut.;:c :G;1: E;E:g:Lif? Q.:A 1V;C; c-311:41:?Z?, L07- 2 L07- 8 UP—DATE OF: 10/22/10 1. REMOVES CONCRETE MERRY CHANCES LOCATION V UTILITY POLE AT N.a. CORNER ADDS HYDRANT 4. DEFINES STREET IMPROIRMENTS 5. RE-DRAFTS ORIGINAL AS-BUILT BY ECKLUND SURVEYING TO AUTO CAD FORMAT EL) CHANGES AREA OF LOT NOTE: DacresioNs FROM PROP. LARS 70 BuILDARIS ARE 70 FOUNDATION BLALDING DIMENSIONS ARE TO OUTSIDE OF SIDING i5.)3a:t3;74 11* *444. • 4 9 114 "IC • 0 * •m00000•••••0 000 e uo•eoo 000mm$7 4,, I. G. Bergee : # 4c4; •• LS - 5777 • 0.......e. tt fessimat AS—BU/L T SURVEY PREPARED rit HORIZON LAND SURVEYING INC. P.O. BOX 1945 KODIAK, ALASKA 99615 (907) 486-6506 SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT I HAVE SURVEYED THE FOLLOWING DESCRIBED PROPERTY: LOT 5, BLOCK 6 OF THE ERSKINE SUBDIVISION, U.S.S. 562 PER PLAT NO. 50-1 IN THE KODIAK RECORDING DISTRICT, KODIAK, ALASKA AND THAT THE IMPROVEMENTS STRIATED THEREON ARE WITH- IN THE PROPERTY UNES AND 00 NOT OVERLAP OR ENCROACH ON THE PROPERTY LYING ADJACENT THERETO, THAT NO IMPROVEMENTS ON PROPERTY LYING ADJACENT THERETO EN- CROACH ON THE PREMISES IN QUESTION AND THAT THERE ARE NO ROADWAYS, TRANSMISSION UNES OR OTHER VISIBLE EASEMENTS ON SAID PROPERTY EXCEPT AS INDICATED HEREON. DATED mis -2_--ekt. DAY OF t4\*-- 2016 5777 10. BEROEE •a--------REGISTERED LAND SURVEYOR SCALF_t 1" :22 OCT. 1OTH 2001 LOT 3 LOT 8/ UP—DATE OF: 10/22/10 j i. REMOVES CONCRETE DRIWEILO 2. 01MGES LOCATION OF MTV POLE AT itw. CORNER 1 ADDS HYPAV(T 4. DEFINES STREET arROW143113 5. RE—DRAFTS ORIGINAL AS—BUILT BY ECKLUND SURVEYING TO AUTO CAD FORMAT 6.) CHANGES AREA OPLOT NOTE: osiBiscis FROM PROP. UME3 10 BUILDRCS ARE To FOUNDATION BUILDING DIMENSIONS ARE 10 come OF SONG c69 494-6% 07 * 1 * 6 0000 00 00.0 00000000000000.0 0, 0 0090000 0:00017 L G. Berge a / LS - 5777 e .kb •° c1"41, 0.00 t41"4-ftleTrAkfL1)°<* AS—BUILT SURVEY PREPARED BY: HORIZON LAND SURVEYING INC. P.O. BOX 1945 KODIAK, ALASKA 99615 (907) 486-6506 SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT I HAVE SURVEYED THE FOLLOWING DESCRIBED PROPERTY: LOT 5, BLOCK 6 OF THE ERSKINE SUBDIVISION, U.S.S. 562 PER PLAT NO. 50-1 IN THE KODIAK RECORDING DISTRICT, KODIAK, ALASKA AND THAT THE IMPROVEMENTS SMJATF-D THEREON ARE WITH- IN THE PROPERTY UNES , AND DO NOT OVERLAP OR ENCROACH, ON THE PROPERTY LYING ADJACENT THERETO, THAT NO IMPROVEMENTS ON PROPERTY LYING ADJACENT THERETO EN- CROACH ON THE PREMISES IN QUESTION AND THAT THERE ARE NO ROADWAYS, TRANSMISSION UNES OR OTHER VISIBLE EASEMENTS ON SAID PROPERTY EXCEPT AS INDICATED HEREON. . DATED THIS DAY OF WC— 20 AO 1,0. BERGEE SCALE: 20 5777 REGISTERED LAND SURVEYOR • OCT. 10TH 2001