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ERSKINE ADD BK 9 LT 103 & 104 - As-Built SurveyLOT 702 \‘. L07- 2 BLOCK ALEUT,AN HOMES Si. EAST LCT 4 PEAT 74-09 NN c., • 7/ //' 74536 N / N.,. CON: STEPS AND 'Al • cer • .7 e '• BELOW GROONV OIL LL AD VENTS CONC. / 0 / A . / 0" ,$ ‘/ - . . / • O 'A 0 / •XC\X/ ' / / ; ; / / • ' C / it,/ .7; LOT 105 • ,/ S . R\/ I HEREBY • T.RT1F DESCRIBE.) DROP EERSIONE JBDP RECORDIn DIST' AND THAT HE 1' IN THE PR. •J'EPr ON 11- E PROPEI; IMP? ) /DOE NTS CROL: H TH!: NO f !IADWAYS, EASE 'ENTS ON --7477..-* ATI:Dr THI :RGEIE 17.36.010-17.36.030 Chapter 17.36 EXISTING NONCONFORMING USES AND STRUCTURES Sections: 17.36.010 Explanation. 17.36.020 Intent. 17.36.030 Nonconforming lots of record. 17.36.040 Nonconforming structures. 17.36.050 Nonconforming uses of structures and land. 17.36.060 Parking. 17.36.070 Prior construction. 17.36.080 Exception — Junkyards. 17.36.090 Exceptions: 17.36.100 Definitions. 17.36.010 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 (3) types of nonconforming status: A. Nonconforming Tots. 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 non - conforming use or (fails to meet vard) 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 not a permitted or conditional use in the land use district in which it is 'located. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 82 -45 -0 §1(part), 1982). 17.36.020 Intent.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 non - residential uses are especially incompatible with permitted uses in residential zoning districts. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 86-18-0 §2, 1986; Ord. 82 -45 -0 §1(part), 1982). 17.36.030 Nonconforming lots of record.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 re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 90 -04 §2, 1990; Ord. 87 -14 -0 §2, 1987; Ord. 82 -45- 0 §1(part), 1982). 17 -78 (KIB 06/2004) Supp. 1140 17.36.040 -- 17.36.050 17.36.040 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. 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 chanter 17.66 of this title. 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 re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 82 -45 -0 §1(part), 1982). 17.36.050 Nonconforming uses of structures and land. A. A legal use of a structure, land, or of a structure and land in combination, existing at the effective date of adoption or amendment of the ordinances codified in this title, may be continued so long as it remains otherwise legal. B. Structures containing nonconforming residential uses, located in a non - residential zoning district, may be expanded as long as the entire structure meets, at a minimum, the parking and building code requirements for office or retail use. C. Structures containing nonconforming residential uses, located in a residential zoning district, may only be expanded if the nonconforming use of the structure is eliminated. D. Structures containing nonconforming nonresidential uses may not be expanded. E. Ordinary repairs including the repair or replacement of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming residential uses. F. Ordinary maintenance including the repair of walls, doors, windows, roof, fixtures, wiring, and plumbing may be made to structures containing nonconforming non - residential uses. G. When the nonconforming use of a structure, land, or structure and land in combination, is voluntarily discontinued or abandoned for one (1) year or more, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall extinguish the nonconforming use of the land. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 82 -45 -0 §1(part), 1982). 17 -79 (MB 06/2004) Supp. #40 17.36.060 - 47.36.090 17.36.060 Parking. A. A nonconforming residential structure may be enlarged or expanded without requiring additional parking under chapter 17.57 of this title, as long as the number of dwelling units in the structure is not increased. B. A nonconforming non- residential structure may be changed to another legal use without requiring additional parking under chapter 17.57 of this title as long as the new use of the structure requires no more parking spaces than the previous non - confonning use (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 82 -45 -0 §1(part), 1982). 17.36.070 Prior Construction. Nothing in this chapter requires a change in the plans, construction, or designated use of any building on which actual construction was legally begun prior to the effective date of adoption or amendment of the ordinances codified in this title and upon which actual building construction has been diligently carried on. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 86 -18 -0 §3, 1986; Ord 82 -45 -0 §1(part), 1982). 17.36.080 Exception - Junkyards. Junkyards, as defined in chapter 17.06 of this title, located in any district other than an I- Industrial district, are a public nuisance and are hot entitled to the protective provisions of this chapter. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord, 82 -45 -0 §1(part), 1982). 17.36.090 Exceptions. When a lot, structure, or use was authorized by the provisions of former chapter 17.65 of this title concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have "nonconforming" status and be permitted to continue within the limits set forth in this chapter. (Repealed and re- enacted by Ord. 97 -09 §2(part), 1997; Ord. 92 -17 §7, 1992). 17 -80 (KIB 06/2004) Supp. #40 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 Property owner's name Property owner's mailing address City State Zip 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 Property ID Number /s Legal Description Current Zoning: Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: Proposed Use of Property: (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 plant for variance and conditional u se requests and which may include optional supporting documentation as Indicated below, _ Additional Narrative/Kistory As -built Survey Photographs _ Maps Other Property Owner's Signature Date ' Authorized Agent's Signature Date 1A development plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways;, landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) Code Section(s) Involved: STAFF USE ONLY V Variance (KIBC 17.66.020 Conditional Use Permit (K Other (appearance requests, Zoning change from ).0 (KIB 17.67.020.B) $250.00 site plan review, etc.) $150.00 to (KIBC 17.72.030 and 030.C)* Application received by: Staff signature PAYMENT VERIFICATION Zoning CIEaeti e, Fee Schedule: KIB Assembly Resoluiina Eff. July, 1, 31105) Less than [75 "acres 5350.00 1:76 to 5.00 acres S750.110 5.01 to 40.00 eEerrs SLOO41.00 4(1.01 acres or more S;.S1,i- 0 Applicable Kodiak Island Baroueh 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.... Variance 17.66.020 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. 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. Dental. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 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 sunounding 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. lithe permit is for a public use or structure, the commission must fmd 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 carry out the intent of this chapter. These stipulations may increase the required lot or yard size, control the location and number of vehicular access points to the property, require screening and landscaping where necessary to reduce noise and glare, and maintain the property in a character in keeping with 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 permincd in the public lands district subject to the approval of a detailed site plan by the commission: evelonment 1734.090 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 petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district, shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised tan. 2004 N:1CD \TemplateslComDevlRevised F -CUP Variance Application.d Chapter 17.66 VARIANCES Sections: 17.66.010 Authority and purpose. 17.66.020 Application. 17.66.030 Investigation. 17.66.040 Public hearing and notice. 17.66.050' Approval or denial 17.66.060 Conditions. 17.66.070 Effective date. ! 17.66.080 Cancellation. 17.66.090 Appeals. 17.66.100 Stay pending appeal. 17.66.010 Authority and purpose. The, commission shall review and act upon applications for variances. Variances are provided for by the chapter for the purpose of relaxing zoning district requirements in special circumstances. (Ord. 83 -40 -0 33(part). 1983). 17.66.020 Application. An application for a variance may be filed by a poverty 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. (Ord. 83 -40 -0 33(part). 1983). 17.66.030 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. (Ord. 83 -40 -0 33(part). 1983). 17.66.040 Public hearing and notice. The commission shall hold a public hearing on each properly submitted application for a variance within thirty (30) days after the filing of the application. The applicant shall be notified of the date of such hearing.. The community development department shall send to each owner of property within aminimum distance of three hundred (300) feet of the exterior boundary of the lot or parcel of land described in the application, notice of the time and place of the public hearing, a description of the property involved, its street address, and the action requested by the applicant. For the purposes of this chapter, "property owner" means that land owner shown on the latest tax assessment roll. Notice shall also be provided in accordance with state law by legal publication in local newspapers. (Ord. 83 -40 -0 33(part). 1983). 17.66.050 - 17.66.080 17.66.050 Approval or denial. Within forty (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. (Ord. 83 -40 -0 33(part). 1983). 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. (Ord. 83-40- 0 33(part). 1983): 17.66.070 Effective date. The decision of the commission to approve or deny a variance shall become final and effective ten (10) days following such decision. (Ord. 83 -40 -0 33(part). 1983). 17.66.080 Cancellation. Failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. (Ord. 83 -40 -0 33(part). 1983). - t 7.66.090 -- 17.66.100 17.66.090 Appeals. An appeal of the conunission's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within ten (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. (Ord. 83 -40 -0 33(part). 1983). 17.66.100 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. (Ord. 83 -40 -0 33(part). 1983). _19_4 I? - riull 00 di f5 521Z) / i . ..e.... je..,5L._,eeti, --, - - V " l',/ --i- , -,v -,,i.. '1;0 :r.r) ., MIMBEIS111,41MPW11 g .."...2a■ eP,' -API) 7,,r,..,' ,';' .. - ,, t-1:P" .,.- - -2/ ''', • 7970 /911' /0-7,= .ir i _ ...,3 i• ,v ,..... f fr1:2, oNno 0 P ...4a5.- 40 5-"e . "... ' P/o 6• 3, /1/,‘/.,fle't - ..:, n- //,"../ (/' 1.1"':' r .. , e • t9 • • - 6 . ,D‘i- ...,....... I: • _, ' .3 ,- -iiis-.0 3/ ' 15 -; v '"3 0 7 i . 0 ol ,,.. # / I. i . _ •1.4 •0'. I h :5 • ' 6000 a 3 e < - • 0 (3 • ,2 V .15_04_ 7o0- D • # co.) 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