ISLAND LAKE BK 3 LT 3A - Variance (2)KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
CASE FILE CHECK LIST
Case File No. Assigned
Date Application Received gif/CV1K.3
Type of Application (Itti)4Vm4 Z
Date Site Plan Received
Date Fee Paid 8/(//83 Amount 4950
Receipt Number ()88'7 Person Accepting Appl
Use Z for Zoning, Variances
and Exceptions
CUP for Conditional Use Permit
LL for Land Leases
V for Violations
0 for all Other cases
Name of Applicant L.K. ka,#)0A1-/- (Lyle K)
Mailing Address P.O. /30x 1/39 Phone 1/g6-3733
Name of Legal Owner /.4/nesAd LyLe AC.
Mailing Address -60)( 1/39
Legal description of Property: Lot(s)
Block 3
. us'$ 3A/e/ Subdivision __,AUJ66.01,10ta4.40.0—/
Square Footage or Acreage of Property is 6 000
Phone y
6-3733
P & Z Public Hearing Date (3/410?5
Public Notices Mailed on $3 Ho W Many? jot •
Applicant Notified. of P & Z Action on
Action Summary
P & Z
Assembly
Ordinance No.
Date Date Date Date Date
Approved Denied Tabled 1st Reading 2nd Reading
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Ordinance Effective Date
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KODIAK ISLAND °ROUGH
CERTIFIED
RETURN RECEIPT REQUESTED
September 23, 1983
Mr. Lyle K. LaMont
P.O. Box 439
Kodiak, AK 99615
Dear Mr. LaMont:
Telephones 486-5736 - 486-5737 — Box 1246
KODIAK, ALASKA 99615
Please be advised that the Planning and Zoning Commission,.at its
__September 21,_198.3 meeting:, denied your requests for a rear yard ,
variance and a conditional use permit for a welding shop as a home L_
occupation on Lot 3, Block 3, Island- Lake Subdivision, for the following
reasons:
1. That the proposed home occupation would not preserve
the value, spirit, character and integrity of the surrounding
area;
2. That granting the conditional use permit would be harmful
to the public health, safety, convenience and comfort;
3. That there are no exceptional physical circumstances or
conditionas applicable to the property or to its intended
use or development which apply generally to other properties
in the area;
4. That the granting of the variance will result in material.
damage or prejudice to other properties in the vicinity and
be detrimental to the public's health, safety or general
welfare;
5. That the granting of the variance will be contrary to
the objectives of the comprehensive plan; and
6. That granting the variance will permit a prohibited land
use in the district involved.
Please be further advised that you have the right to appeal the Commission's
decision to the Board of Adjustment. This can be done by filing a written
notice of appeal, specifying the grounds for the appeal, with the Borough
Clerk on or before September 30, 1983.
(
Mr. Lyle K. LaMont
Case 83-110.
Page 2
September 23, 1983
Should you have any questions on this matter, please contact us at
486-5736.
Sincerely,
la /4 444176,
William Walton
Director
Community Development Office
cc: Mickie Miller, Borough Clerk
G. Gregory Moo (Box 1491, Seward, AK 99664)
Case 83-110,
jig
,
�. ■
Objections ranged from inadequate road system to handle an increase in
traffic to future police/fire protection, vegetation and erosion, and no
compelling need to reznne.
There were a few residents from Shafka Acres and Island Lake Sub-
division in favor of rezoning their property to R2.
Mr. Hill closed the Public Hearing and opened the Regular Meeting.
The Commissioners discussed at length the alternatives open to them`
MRS. STKICK[nT MOVED TO APPROVE CASE 03-108, Island Lake Area
Rezoning, with an amendment to the proposed ordinance. Item #1, Lots 1 and
2, U.S. Survey 3464; Item #2, Lots 5 and 6, Block 10, Miller Point Alaska
First; and Item #16, Lots 1 through 7, U.S. Survey 3466 be left as they are
at RR1 zoning. Mr. Gregg seconded the motion and the question was colled.
A roll call vote was taken and the motion CARRIED by unanimous roll call
vote.
5, PUBLIC HEARING ON CASE 83-110' A request for a Conditional Use Permit
in an RR1 district and a request for a variance from Borough Code
17.17.050, Rear Yards, on Lot 3, Block 3, Island Lake Subdivision, U.S.
Survey 3219, submitted by L.K. Lamnot,
MR. WALTON gave an additional staff report advising of one letter in
opposition to the request. Mr. Hill closed the Regular Meeting and opened
the Public Hearing.
MR. L8MONTspoke before the commission stating that he wanted to move
a building back lO' from where he is building a small propeller repair
shop. His proposed use of the building was storing welding gear and doing
outboard motor repair inside the building. The question was raised con-
cerning the general welfare of children in the area due to the bottled gas
and equipment needed in this type of home occupation, but Mr. Lamont
remarked that he used extreme care and caution in his occupation.
Four local residents spoke before the Commission in opposition to this
request. Their objections were small children living next door, increased
traffic problems, not wanting a business in a residential area, and the
increase in scrap material being stored on the property.
MR. HILL closed the Public Hearing and opened the Regular Meeting.
The Borough Code on home occupations was read for the record: "A home
occupation means an accessory use of a service character customarily
conducted within a dwelling by the residents thereof, which is clearly
secondary to the use of the dwelling for living purposes. It does not
chnnge'tho character thereof and does not involve more than one paid
assistant."
—
MRS. STRICKERT MOVED TO APPROVE CASE 83-110, a request for a
Conditional Use Permit in an RR1- distrixt and a request for a variance from
Borough Code 17'17,050^ Rear Yards, on Lot 3, Block 3, Island Lake
Subdivision, U.S. Survey 3219, submitted by L.K. .Lamont. Mr. Rennell .
seconded the motion and the question was called. The motion FAILED the
roll call vote unanimously. Mr. Lamont was advised of his-right-to appeal
in writing to the Borough Assembly within 10 days, and that both requests
were denied.
_ ' -
The reasons for voting no were stated by the Commissioners as follows:
On the issue of the Conditional Use Permit:
a. This request did not classify as a home occupation;
b. That the conditional use would not preserve the value, spirit,
character and integrity of the surrounding area;
c. That granting the conditional use permit would be harmful to the
public health, safety, convenience and comfort;
d. That sufficient setbacks, lot area, buffers or other safeguards
were not being provided to meet the conditions listed in Subsections (A)
through (C) of Section 17,67,050.
Regular Meeting
- 2 - September 21, 1983
•
On the issue of the Variance from Rear Yards:
a. That there are no exceptional physical circumstances or conditions
applicable to the property or to its intended use or development which
apply generally to other properties in the same land use district;
b. That the granting of the variance will result in material damage
or prejudice to other properties in the vicinity and will be detrimental to
the public's health, safety or general welfare;
c. That the granting of the variance will be contrary to the
objectives of the comprehensive plan;
d. That actions of the applicant did cause special conditions or
financial hardship or inconvenience from which relief is being sought by a
variance; and
e. That granting the variance will permit a prohibited land use in
the district involved.
The Commission also felt that the residents of this area did not wish
to have this type of activity in their neighborhood.
6. PUBLIC HEARING ON CASE 83 -117. A request for a variance from Borough
Code 17.54.010, Height of Fences and Walls, on Lots 11 and 12B, Block 1,
Island lake Subdivision, U.S. Survey 3219, submitted by Lorna -Lee Arndt.
There was no additional staff report and MR. HILL closed the Regular
Meeting and opened the Public Hearing.
MRS. ARNDT presented her case in favor of granting the request for a
variance to build an 8' fence instead of a 6' fence.
MRS. CROWE read comments submitted by Neil Cooper.
MRS. CROWE MOVED TO GRANT THE REQUEST for a fence - height variance from
6' to 8' with the following stipulations:
1. that the last 40' before the lake that the fence be only 6' high;.
2. that the fence be maintained by Mrs. Arndt and /or property owner
after it has been constructed and positioned on the property.
The question was called and the motion CARRIED unanimously by roll
call vote.
7. PUBLIC HEARING ON CASE 83 -118. A request to rezone Tract R -1,
Killarney Hills, U.S. Survey 3218 from RR1 to R2 and B- Business, submitted
by the Archdiocese of Anchorage.
MR. HILL expressed his concern with a conflict of interest and asked
if the Commission would like him to step down from the chair, as Mr. Hill
is on the Parish Committee recommending the rezoning and subdivision of
this area. The Commission felt there was no conflict of interest unless
there were monetary interest involved. Mr. Hill remained as the chairman
and closed the Regular Meeting and opened the Public Hearing.
The Commission met with public opposition to the request to rezone. A
number of residents from the area where present and stated - objections such
as the need for proper access to the area, the condition of the present
road system, limiting the density on a 7,200 square foot lot, the increase
in traffic flow, and a desire to see the area remain single - family.
MR. HILL closed the Public Hearing and opened the Regular Meeting
after a considerable amount of public testimony had been heard. Mr. Hill
then stated the intent of the property in the future was to have a road go
through all the way to Rezanoff in order to eliminate blockage of any kind.
A discussion followed among the Commissioners concerning zoning issues.
Father Terro was present to answer questions from the Commission and
the suggestion was made to rezone the area to R1 and rezone the property to
R2 when Woody Way was moved all the way to Rezanoff Drive. Father Terro
stated that he was not in the position to accept an R1 zoning and that he
would need to take the suggestion back to his committee for further study.
Regular Meeting
- 3 - September 21, 1983
KODIAK ISLAND BOROUGH
MEMORANDUM
ITEM #5
DATE: September 13, 1983
TO,: Planning and Zoning Commission
FROM: Community Development Office
SUBJ: Information for Commission's September 21, 1983 Meeting
RE: Case 83-110. Request for a Conditional Use Permit and Rear Yard
Variance for Lot 3, Block 3, Island Lake Subdivision, submitted by
L. K. Lamont.
Thirty-two (32) Public Hearing Notices were mailed on Sept. 9, 1983
REQUEST. L. K. Lamont is requesting a Conditional Use Permit for a "home
occupation" and a rear yard variance for Lot 3, Block 3, Island Lake Sub-
division. The property involved is located on Ptarmigan Pass Road (see
attached map).
BOROUGH CODE. Conditional Use Permits are contained in Chapter 17.67 (copy
attached). Section 17.67.050 requires that four findings be made, as
follows:
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;
and
D. That sufficient setbacks, lot area, buffers or other safe-
guards are being provided to meet the conditions listed in sub-
sections A through C of this section.
VARIANCES ARE COVERED BY Chapter 17.66 of Borough Code as enacted by
Ordinance No. 83-40-0 on June 2, 1983. Section 17.66.050(A) requires that
the following six findings must be made before a variance can be approved:
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;
Case 83-110 - Item #5
Page 2
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.
OPTIONS: Depending on public testimony received, the Commission can
approve the conditional use and deny the variance, approve both requests,
deny both requests, or attach conditions to either request. The
conditional use should be handled first as the variance may not be
necessary if the home occupation is not allowed.
(//ell 1/410,
William Walton
Director
Community Development Office
jig
Attachment
43
_ _ _
KODIAK ISLAND BOROUGH
Community Development Office
P.O. Box 1246
Kodiak, AK 99615
NOTICE DATE: September 9, 1983 CASE NUMBER: 83-110
Conditional Use permit
An application for & a variance was filed on August 10, 1983
with the Kodiak Island Borough Community Development Office by:
Lyle K. LaMont
The application requests a conditional use permit in an RR1 district and
a variance from Borough Code 17.17.050 - Rear Yards on Lot 3, Block 3 of
Island Lake Subdivision, U.S. Survey 3219
The Kodiak Island Borough Planning and Zoning Commission will hold i
public hearing on this request at 7:30 p.m. on Wednesday, September 21,
1983 in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. You are
. being notified because you are a property owner in the area of the request.
This is the only scheduled public hearing on the request, at this time, and you
are invited to appear before the Commission to express your opinion on the
request. If you cannot attend, you may submit a written opinion which will be
read into the minutes of the public hearing if it is received prior to the time
and date indicated above.
Should you wish to comment on the request, please use the bottom of this
notice and return it to the Community Development Office at Box 1246, Kodiak,
99615. A vicinity map showing the property involved is on the back of this
form.
If you have any questions on this matter, please call us at 486-5736,
extension 255.
KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE
Your Name Addres
Your Property Descripti5—=
COMMENTS
Q.)
September 14,'1983,
Kodiak Island Borough
Community Development Office
Post Office Box 1246
Kodiak, Alaska 99615
A r.f
P M
1,11ViliM1f019
Kodiak Island Borough
Kodiak, Alaska
RECEIVED
SEP 1 91983
Re: Public Hearing Notice
Case Number 83-110
Dear Sirs/Madams:
With respect to Case Number 83-110, I have enclosed for your
review and information copies of letters previously sent to Mr. Lyle
Lamont and to Mr. Will Walton regarding the condition that existed
on our lot (U.S.S. 3219, Lot 4, Block 3) as a result of Mr. Lamont's
misuse in exceeding the bounds of his lot (U.S.S. 3219, Lot 3, Block 3)
this past summer.
I would,have no objections to a variance of use for Mr. Lamont's
property provided he confines that use to his own property only.
Should you have questions or if I can be of assistance, please
do not hesitate to contact me.
Sincere19';
ego oo
U.S.S. 3219, Lot 4, Block 3
August 18, 1983
Mr. Lyle Lamont
Post Office Box 439
Kodiak, Alaska 99615
A rft
I �t� Pl
I
i i 11,21
4
Kodiak Island Borough
Kodiak, Alaska
RECEIVED
SEP 191983
Re: 1) Strrage of scrap metal and vehicles on Lot 4, Block 3, USS 3219.
2) Corner monument on Lot 4, Block 3, USS 3219.
/
After repeated, but unsuccessful attempts to contact you while I was in
. Kodiak, I h,,ve written this letter to request that you remove scrap metal
and vehicles presently stored on Lot 4, Block 3 of USS 3219 and that you
provide.me a letter of assurance stating that the above- mentioned items
have /been removed within 30 days of receipt of this letter.
Additionally, the fill that was added to Lot 3, Block 3 of USS 3219 has
obscured the northwest corner monument of Lot 4, Block 3, USS 3219. 1.
• am advised that this act is in violation of state law and that it is your
obligation to provide the corner monument once again. Please forward a
statement of assurance to me within 30 days of receipt of this letter
specifying that the above- referred corner monument has been restored.
A copy of this letter with pictures has been forwarded to Mr, Will Walton,
Community Development Director, Kodiak Island Borough for his review.
Sincerely,
G. Gregory Moo
Post Office Box 1491
Seward, Alaska 99664
224 -3620
cc: Mr. Will Walton
with photographs
ta
SEP 1983 -Q
NEWS '
,....-
, ,
. \I
ko
August 18, 1983
Mr. Will Walton
CommunityDe-vel4Ment-DirectOr
Kodiak Island Borough
Kodiak, Alaska 99615
Dear Mr. Walton:
Enclosed please find a copy of my August 18, 1983 letter to Mr. Lyle
Lamont with accompanying photographs. As indicated in the letter, I
tried on several occasions to make contact with Mr. Lamont via tele-
phone and through work associates and colleagues of Mr. Lamont.
I am providing you a copy of this letter and pictures should additional
action become necessary to restore Lot 4, Block 3, US 3219 of the
Island Lake Subdivision to its original condition.
Thank you for your interest,
Sincerely,
G. Gregory Moo
KVUlAK ISLAND BOROUGH
ORDINANCE NO. 83-40-0
kN ORDINANCE UF THE KODIAKISLAND BORQUGH ASSEMBLY REVISING
CHAPTER 17.66 OF BOROUGH CODE ON EXCEPTIONS, VARIANCES AND APPEALS.
The Kodiak Island Borough Assembly Hereby Ordains:
SECTION 1: That Section 17'06.010 Planning Commission--Administrative
Action, is repealed and reenacted-to read as follows:
17 . 03. 055 Planning Commission--Administrative Action. The
Planning Commission by resolution may adopt ru es consistent with this Title
to implement, interpret or make specific its provisions. Copies of all rules
! adopted under this section shall be available to the public in the uff4ees7of
whe-bu44-dfng-off4o4af Community Development Office and the Borough Clerk's '
SECTION 2: That Sections 17'66,070 through 17.66'050 are repealed and
reenacted to read as follows:
SECTIONS:
17.65.010
17.65.020
17.65.030
17.65.040
17.65.050
17.65.060
17.65.070
17.65.080
17.65.090
~ 17,05,100
CHAPTER 17.65
Authority and Purpose
Application
Investigation
Public Hearing and Notice
Approval or denial
Conditions
Effective date
Cancellation
Appeals
Stay pending appeal
'
17.65.010 Authority and Purpose. The Planning Commission shall .
review and act upon applications Exceptions rovided for |
.
by this chapter for the purpose providing consideration of land uses which
are not specifically permitted
by zoning district regulations.
020 Application. An application for be .
filed by a property owner or his uthnri ed agent. The application shall be
made on a form provided by the Community Development Office and accompanied by
the required fee and site plan. All applications shall be available for
public inspection.
17.05.030 Investigation. An investigation of the exception
request shall be made and a written report provided to the Planning Commission
by the Community Development Office. Specific items to be addressed in the
report are the anticipated effects of the proposed use on the public's health,
safety and general welfare and anticipated impact on other properties or uses .
in the neighborhood.
17,05.040 Public Hearing and Nntice. The Planning Commission
shun hold a public hearing on each properly submitted application for an
exception within thirty days after the filing of the application. The
applicant shall be notified of the date of such hearing. The Community
Development Office shall send to each owner of property within a minimum
distance of three hundred 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.
17.65.050 Approval or Denial. Within forty days after the filing
of an application, the Planning 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 as proposed in the application, or under
appropriate conditions or restrictions, will not endanger the public's health,
safety or general welfare, or be inconsistent with the general purposes and
intent of this title, and not adversely impact other properties or uses in the
neighborhood, the Commission shall approve the exception, with or without
conditions.
B. Denial. If the Commission finds, after consideration of the
investigator's report and receipt of testimony at the public hearing, that the
proposed use will tend to endanger the public's health, safety or general
welfare in any way or produce results inconsistent with the general purposes
and intent of this Title, or adversely impact other properties or uses in the
neighborhood, the Commission shall deny the exception.
17.65.060 Conditions. The Commission, in approving an exception,
may: establish conditions under which a lot or parcel of and 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 `•
operation 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 insure that the conditions designated will be complied with.
17.65.070 Effective Date. The decision of the Planning
Commission to approve or deny an exception shall become final and effective
ten days following such decision.
17.65.080 Cancellation. Failure to utilize an approved exception
within twelve months after its effective date shall cause its cancellation.
17.65.090 Appeals. An appeal of the Planning Commission's
decision to grant of deny an exception may be taken by any person or party
aggrieved. Such appeal shall be taken within ten 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 thereon.
17.65.100 Stay Pending Appeal. An appeal from a decision
granting an exception stays the decision appealed from until there is a final
decision on the appeal.
SECTION 3: That Sections 17.66.090 through 17.66.170 are repealed and
reenacted to read as follows:
SECTIONS:
17.66.010
17.66.020
17.66.030
17.66.040
17.66.050
17.66.060
17.66.070
17.66.080
17.66.090
17.66.100
CHAPTER 17.66
VARIANCES
Authority and purpose
Application
Investigation
Public hearing and notice
Approval or denial
Conditions
Effective date
Cancellation
Appeals
Stay pending approval
17.66.010 Authority and Purpose. The Planning 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.
ORDINANCE N0. 83 -40 -0
PAGE 2
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 Office and accompanied by
the required fee and site plan. All applications shall be available for
public inspection.
17.66,030. Investigation. An investigation of the variance
request shall be made and a written report provided to'the Planning Commission
by the Community Development Office. The findings required to be made by the
Commission shall be specifically addressed in the report.
17.66.040 Public Hearing and Notice. The Planning Commission
shall hold a public hearing on each properly submitted application for a
variance within thirty days after the filing of the application. The
applicant shall be notified of the date of such hearing. The Community
Development Office shall send to each owner of property within minimum a
distance of three hundred 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.
17.66.050 Approval or Denial. Within forty days after the filing
of an application, the Planning 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 Section 17.66.050(A) 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 insure that the conditions designated will be
complied with.
ORDINANCE NO. 83 -40 -0
PAGE 3
17.66.070 Effective Date. The decision of the Planning
Commission to approve or deny a variance shall become final and effective ten
days following such decision.
17.66.080 Cancellation. Failure to utilize an approved variance
within twelve months after its effective date shall cause its cancellation.
17.66.090 Appeals. An appeal of the Planning Commission's
decision to grant or deny a variance may be taken by any person or party
aggrieved. Such appeal shall be taken within ten days of the date of the
Commission's decision by filing with the Board of Adjustment through the City
or Borough Clerk a written notice of appeal specifying the grounds thereof.
17.66.100 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.
SECTION 4. That Sections 17.66.060 through 17.66.080 and 17.66.180 through
17.66.200 are repealed and reenacted to read as follows:
CHAPTER 17.68
APPEALS
SECTIONS:
17.68.010 Appeals from Planning Commission Decisions
17.68.020 Appeals from Administrative Decisions
17.68.010 Appeals from Planning Commission Decisions.
A. Appeal Initiation. An appeal from any action or decision
of the Planning Commission may be taken by any person or party aggrieved.
Such appeal shall be taken within ten days of the date of such action or
decision by filing with the Board of Adjustment through the City or Borough
Clerk a written notice of appeal specifying the grounds thereof.
B. Report. A report concerning each case appealed to the
Board of Adjustment shall be prepared by the Community Development Office and
filed with fhe appropriate clerk. Such report shall state the decision and
recommendation of the Commission together with the reasons for each decision
and recommendation. All data pertaining to the case shall accompany the
report.
C. Stay. An appeal from any action or decision of the
Commission stays the decision appealed from until there is a final decision on
the appeal.
17.68.020 Appeals from Administrative Decisions.
A. Decisions Appealable. The following decisions of the
Zoning Officer are subject to appeal to the Planning Commission:
compliance;
this Title.
1. The denial of a building permit based on a lack of zoning
2. The issuance of an order under Section 17.75.010(A) of
B. Appeal Initiation. A decision described in subsection A of
this section is final unless appealed to the Planning Commission within ten
days of the mailing of notice of the decision. An appeal is commenced by
filing with the Community Development Department a written notice of appeal,
specifically stating the reason for the appeal and the relief sought. An
appeal under this section may be brought by any person aggrieved by the
decision appealed.
C. Public Hearing. The Planning Commission shall hold a
public hearing on each appeal. At the hearing, the Commission shall review
the appeal record and hear evidence and arguments presented by persons
interested in the appeal.
ORDINANCE NO. 83 -40 -0
PAGE 4
D. Oecision, The Planning Commission shall either affirm or
reverse the Zoning Officer's decision in whole or jn part.
E. Findings. Every decision of the Planning Commission on an
appeal shall be based upon findings and conclusions adopted by the Commission_
The findings must be reasonably specific so as to provide the community, and
where appropriate, reviewing authorities, a clear and precise understanding of
the reason for the decision.
F. Stay. An appeal from a decision of the Zoning Officer
stays the decision appealed from until there is a final decision on the
appeal.
SECTION 5: That this Ordinance- shall be in full force and effect upon
passage and adoption.
. PASSED AND APPROVED T IS 2nd DAY OF June 1983.
i/' ' BY
ATTEST: ' '
FIRST READING DATE: May 5, 1983
SECOND READING AND PUBLIC HEARING DATE: June 2, 983
EFFECTIVE DATE: June 2, 1983
REQUESTED BY: Community Development Department
PREPARED BY: Community Development Department
RECOMMENDATION:
ayo '»epu
Y
CRBIli4NCE NO. 83'40-0
PAGE 5
KODIAK ISLAND BOROUGH
POST OFFICE BOX 1246
KODIAK, ALASKA 99615
-• •./
C>4 Conditional Use Permit
( ) Exception
Ocl Variance
( ) Zoning Change: From:
AUG 1983
amp()
CODE SECTION INVOLVED: /7 /7. 0_3 ON._-,Ceg-7,;0.230;o4J-9( airs /4.) 19/577e1e7 .
/7- /7
NOTE: The application fee for all items covered by this form is $50.
Conditional Use Permits, Exceptions, and Variance Applications also require
the submission of a site plan.
APPLICANT: »I a t-1
PROPERTY:
Name
0, 3 '1
Address
City, State, Zip
Lot
3 2t'1
Block
United States Survey #
LJU 3 3 3
Home Telephone
Li 4 -3 9- 3 3
Work Telephone
Subdivision Name
Section, Township, Range, S.M.
PRESENT USE OF PROPERTY: (4 tI enove 17 c
PROPOSED USE OF PROPERTY: S
Ho --e
0 e c •=1. f o
y svd c -e
0 Ln. E 4-1,15:Sfe
Ay ?rzPas e 01 5 trz..,...c f-c,k-ce5 S rzeelt.,,%-=.-c5 A CC- r(..cton
..c.c4- 0,c- ic_ •
•
I have been advised of the procedures involved with this request and have
received a copy of the appropriate regulations.
/ • •-• 4r. 0 1 0 7.
Authorized Agent Date
Date Application Accepted: .0.CX,543
BY:
- 1/iiktre)
Property Owner
Date
,
VARIANCE APP ; ON
The application must contain a statement showing the fo
must exist before a variance may be granted:
The undersigned states:
four of which
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 the other properties
in the same land use district. These special conditions are: 52l.e 0 c rn f
PrzoroscA 5 r-t-w c -e- e /0- o
J-t-1 oacj (.7
d
2. That the strict application of the zoning ordinances would result in practical difficulties
or unnecessary hardship: >ve 6.e r,,s< -T- hz. y
F e kr-
. 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 welfare
because: Ti-, e (e,' 3 -e c14- 1 rV o Pc, e FI:ra
6, at 60"- -e I •
4. That the granting of the variance will not be contrary to the objectives of the comprehensive
plan, for the following reasons: TL- tr c"-c lo<3 Plat < c
C rvze LA r-14
NOTE: Alaska Statutes Section 29.33.110(C) states: "A variance shall not be granted because of
special conditions caused by actions of 'the person seeking relief or for reasons of
pecuniary hardship or inconvenience. A variance shall not be granted which will permit
a land use in a district in which that use is prohibited."
Please use additional paper for additional comments.
Signature of Authorized Agent
Date
./K
Signature of Land Owner
4,2 7
Date
vi ki
o
ad!
v E I
0
z
7
••■•■••••
4.
KODIAK ISLAND BOROUGH
Community Development Office
P.O. Box 1246
Kodiak, AK 99615
PUBLIC HEARING NOTICE
NOTICE DATE: September 9, 1983 CASE NUMBER: 83-110
Conditional Use permit
An application for & a variance was filed on August 10, 1983
with the Kodiak Island Borough Community Development Office by:
Lyle K. LaMont
The application requests a conditional use permit in ah-RR1 district and
a variance from Borough Code 17.17.050 - Rear Yards on Lot 3, Block 3 of
Island Lake Subdivision, U.S. Survey 3219
The Kodiak Island Borough Planning and Zoning Commission will hold a
public hearing on this request at 7:30 p.m. on Wednesday, September 21,
1983 in the Borough Assembly Chambers, 700 Mill Bay Road, Kodiak. You are
. being notified because you are a property owner in the area of the request.
This is the only scheduled public hearing on the request, at this time, and you
are invited to appear before the Commission to express your opinion on the
request. If you cannot attend, you may submit a written opinion which will be
read into the minutes of the public hearing if it is received prior to the time
and date indicated above.
Should you wish to comment on the request, please use the bottom of this
notice and return it to the Community Development Office at Box 1246, Kodiak,
99615. A vicinity map showing the property involved is on the back of this
form.
If you have any questions on this matter, please call us at 486-5736,
extension 255.
KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT OFFICE
----------- --------
Your Name Address
Your Property Description
COMMENTS:
A
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......,. ',.... •••••- F.,
;,741fei..S-SA4-1,
•
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-• ,
R7425030030
•
LAMONT,LYLE K
P.O. BOX 439
KODIAK
AK 99615
rg-7424t,7-4s7
R7425030010
BRISCO,JAMES III a CAROL
P.O. BOX 1513
KODIAK AK 99615
•
R7425030020
BACH9TJBIN SHANNON •
PoOe BOX 2789-
KODIAK
AK 99615
'44•••--
•
-"'•••••••r.
MOO/GREG
PoOo 30X 1491
SEWARD
R7425030040I
AK 99664
. . ,
R7425030050i
CHRISTIANSEN,HAROLD C
GENERAL DELIVERY
KODIAK AK 99,515
-
"
. . .
•
iv..t • -,-. • - ,
R742503008(
PETERSON,L DANIEL •
P.O. BOX 2187
KODIAK AK•99615
8742503010
.ARNOT9DONALD E LORNA LEE
P.O. BOX 2069
KODIAK
SAGER /JOHN
P.O. BOX 2246
. KODIAK
AK 99615
R742502001
AK 99615
8742.502002
SPENCER /JEFF & JENNIFER
P.O. BOX 3093
R7425010040
BRISCO,JAMES III & CAROL
P.O. BOX 1513
KODIAK
AK 99615
R7425010050
SWEENEY,T M & TRACHSEL,E
P.O. BOX 1198
KODIAK
WHITE /WILTON T
P.Oe BOX 2.54
KODIAK
LUND/J.OHN
P.O. BOX 2972
KODIAK
AK 99615
2
R7425020040
AK 99615-
R7425020050
AK 99615
R7535010031
BROWN /HAROLD & MARILYN
C/O FRANK PASTOR
P,O. BOX 2873
KODIAK AK 99615
R7535010032!
WISNER /HUGH & BOWERS /TROY
P.O. BOX 2783
KODIAK AK 99615 KODIAK AK 99615
R7535010040
FRIEND,JERROL & WENDY L ix
P.O, BOX 418
KODIAK AK 99615
R7425020200
FRELS,RONALD a BARBARA
P.O. BOX 3353
KODIAK . AK99615
KEEGAN"LAWRENCE
P.O. BOX 1956
KODIAK
R7425020210
AK :9961.5
R7425020220
VAN FLEET9EDWIN a JUDITH
P.O. BOX 1848
KODIAK AK 99615
• R7425020230
LEE,GEORGE & HELEN
PoOe BOX 2117
KODIAK AK 99615 -
0 1
(
R74250202401'
WILLIAMS,BILLY D
P.O. BOX 2736
KODIAK
AK 99615
R7425020180i
ARNDT'S-COTT a BETH
P.O. BOX 489
KODIAK AK 99615
SELVOG'SAMUEL
P.O. BOX 473
KODIAK
k7425010020
AK 99615
R7535010060
DOWSETKERMIT a ELAINE '
P.O. BOX 1543
KODIAK . AK 99615
R7535010070
ANDREW,ORLO T a JOY D
P.O. BOX 2982
KODIAK AK 99615
ROGERSeRAOHEL
P.O. BOX 1234 -
KENAI
R7535050010
AK 99611
R7535050110'
BENTON"LLOYD Fi VAL JEAN
PeOe BOX 903
KODIAK . AK 99615'
R7535000020
KODIAK ISLAND BOROUGH
P.00 30X 1246
KODIAK AK 99615
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PRINT 'KEY FRO -S4
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.4. . J.. . a...4 .+. t..$..+.4 .
M- ...a.. 4 4. t 9. a
BY USER —BILLH
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08/11/63 .11.15.49
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PROPERTY TAX INQUIRY
ENTER PARCEL NUMBER R7425030030
ZONE RR1 USE V
STATUS A , LEGAL DESCRIPTION ISLAND LAKE 'SUBD LOT 3 BLK
—O WN,E R -1 LA M 0 N T -1 -L-Y LE- _K
ADDR 1 P.O. BOX 439
GI TY.
OWNER 2
ADDR 2
KcJOIM< STATE AK ZIP GE3D -E 9961
_ASS.ESS__C.HG —DALE -- -0101 -83 BL..D-G —S Q FOOT
LAND AREA
6000.0
LAND F T---AR
BOAT LENGTH 000 YEAR BUILT 0000
CM D 7 TO ENO
BUILDING DEPARTMENT CITY / BOROUGH OF KODIAK
Applicant to fill in between heavy lines.
APPLICATION FOR BUILDING PERMIT AND CERTIFICATE
OF OCCUPANCY
LDING ADDRESS3n6n ,,"1721ie
CALITV
3 -321
CLASS OF WORK
NEW DEMOLISH
ALTERATION REPAIR.
NEAREST CROSS ST.
A00T0N MOVE
UILDING PERMIT NO.
679
DATE ISSUED
OF BUILDING
0
NAME
Lk
SIZE OF BUILDING 3,rpc,
HEIGHT
MAIL ADDRESS
NO. OF ROOMS
NO, OF FLOORS
CITY
TEL. NO.
NO. OF BUILDINGS
VALUATION
/ .
/'
z
NAME
K
NO, OF BUILDINGS NOW ON LOT
BLDG. FEE
37/
7F
PLAN CHK. FEE
TOTAL
3S-7
DING
PLUMBING
ELECTRIC
0. OF FAMILIES
ADDRESS
SIZE OF LOT
CITY
SE OF BLDG. NOW ON LOT
SPECIFICATIONS
STATE LICENSE NO,
FOUNDATION
FOUNDATION
FRAME
PLASTER
FLUES
FINAL
ROUGH
ROUGH
SEPTIC TANK
FINISH
EWER
FIXTURES
GAS
MOTORS
FINISH
FINAL
CONTRACTOR
NAME
A 1-
ATERIAL
EXTERIOR,
PIERS
WIDTH OF TOP
ADDRESS
DTH OF BOTTO
CITY
EPTH N GROUN
R.W. PLATE (SILL)
STATE LICENSE NO.
" F
SIZE 1 SPA.•.. SPAN
0
SUBDIVISION
-S 2- 9 24.ac)
R
1-11i
OIST lst. FL.
16."
32
1ST 2nd. FL.
„
/'
LOT NO. BLK.
JOIST CEILING
EXTERIOR STUDS
Is 01/
s
(,-
DO NOT WRITE BELOW THIS LINE
1. Type of Construction
I, II, 111, IV
VI
2. Occupancy Group A, B, C, D, E,
F, G, H J Div. 1, 2, 3, 4,
3. Fire Zone 1 2 3 4
INTLRIOR ST
st
OF RAFTERS
/1
EA RING WALLS
,(6?I /—'
COVERING
x
EXTERIOR WALLS I
.1"
ROOF
INTERIOR WALLS
5is"‹
REROOFING
F U
FIREPLACE FL. FURNACE
KITCHEN WATER HEATER
FURNACE
GAS 0,0 OIL
I hereby acknowledge that I have read
this application and state that the
above is correct and agree to comply
with all City Ordinances and State
Laws regulating building construction.
Applicant
1-4 - le) 230
NC:5TE- c
Ps " fl-.'51-. c2C
1„{-1(1 `-f
Tri:E
3N11 A1LI3dOHd
A
PLOT PLAN
a
0
gYR E ET
Approved: CH F BUI
B
1?-1 CDC-CAFAi•-)L.71
TCI- k•4D LA
PLANNING es ZONING INFO.
ZONING DISTRICT - I
TYPE OF OCCUPANCY KI:ski—LE,"."" FAO IL1
NUMBER OF STORIES TOTAL HT. 4
AREA OF LOT Loth -Fp
FRONT YARD SETBACK FROM PROP, LINE
SIDE YARD SETBACK FROM PROP. LINE t-'
REAR YARD
DING OFFICAL Approved: ZONING ADMINISTRATOR
RECEIVED
FROM •
CASH RECEIPT
Kodiak Island Boroug,.,
700 UPPER MILL BAY ROAD
P.O. BOX 1246
KODIAK, ALASKA 99615
PHONE (907) 486-5736
iNe-1 el.i r� 01,
0887
DATES 19
r _' FUND CITE
-,.v<, ..- <= ITEM-, <�:;.' . a ,,,..
-CASH
;�.;.: DEBIT .•_
1140 1 pa
� `.CREDIT
=
∎l •1
-..,?
010.- 000 - 101 - 10 - 00
,14rrr -,1
y;a::f
010 - 000 - 322 - 11 - 00
BUILDING PERMITS
010 - 000 - 322 - 90 - 00
ZONING PERMITS
I
I
I
I
010 - 000 -341 -50 -00
SALE OFFMAPS
I
I
I
1
010 - 000 - 341 - 51 - 00
"SAL OF COPIES
t
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I
PROPERTY TAX >. yis
-
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1
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LAND %SALE PAYMENT;
.
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1
PER ATTACHED?
I
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1� C j*�1 Y1(,SQ
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3011-12_
.>
/c Ally 1983
1m
1
1
COND Ie 4S OF I Et l is Ewil A/�a TOTAL I►
PAYMEN S(TEtIDERED BY CHECK FOR OBUGATIOI) DUE TO
HONORED. RR UI NEDACHECKS ONLY
FOR ANY REA�S9N RESTORES THE OBLIGATION AS
THE BORO UNPAID AND SU TS IH�E� Y Rgp A_ Y`CHARGES, FEES OR OTHER LEGAL
LIABILITIES AS MAA`$E;4PP't A t-6 V
CASHIER
Os
PAYMENT MADE BY:
CHECK NO 2. % 3 2-.
El CASH
COTHER
FM08- 511815 -