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KILLARNEY HILLS BK 1 LT 3 - NonconformitiesIntroduced by: Mayor Selby Requested by: P and Z Commission Drafted by: Community Development Department Introduced: 07/03/97 Public Hearing: 07/17/97 Adopted: 07/17/97 KODIAK ISLAND BOROUGH ORDINANCE NO. 97-09 AN ORDINANCE REPEALING AND REENACTING KODIAK ISLAND BOROUGH CODE OF ORDINANCES CHAPTER 17.36 EXISTING NONCONFORMING USES AND STRUCTURES WHEREAS, public concern has been expressed that the existing language regulating nonconformities in the Kodiak island Borough Code of Ordinances is overly restrictive; and that it limits homeowners, of nonconforming residential structures, options to improve or upgrade their homes; and WHEREAS, the Kodiak Island Borough Planning and Zoning Commission recognized that the existing language of this chapter did not meet the current needs of the community; and WHEREAS, the Planning and Zoning Commission has spent a significant amount of time developing revisions to the nonconforming chapter of the code that generally provides for a reduced level of regulation for residential nonconformities; and WHEREAS, the Planning and Zoning Commission has held a public hearing on this case and recommends that the proposed revisions be approved; NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THAT: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Kodiak Island Borough Code of Ordinances. Section 2: Kodiak Island Borough Code 17.36 Existing nonconforming uses and structures is hereby repealed and re-enacted as follows: Kodiak Island Borough. Alaska Ordinance No. 97-09 Page 1 or 8 Sections: 17.3 . • V V • [Chapter 17.36 u1rcill rfuilirnry tuts of rettnd. 17.3 - unkyards. Kodiak island Borough. Alaska Ordinance No. 97-09 Peg/ 2 of 8 this-title nonconformity; Kodiak Island Borough, Alaska Ordinance No. 97-09 Page 3of8 Kodiak bland Borough, Alaska Ordinance No. 97-09 Page 4 of 9 { • .i}4.tis.,cti4 Kodiak bland Borough. Alaska Ordinance No. 97-09 Page 5 of 8 nirnp•.lrpir,,I. Noncontormi t �struc:tures onfo rming uses of structures and Cenci. "us ttu'etlow a ti o i'-'ards> xce ::tions De` In tions ane. .<:>:}::.:........:.::.. < structure o�c•use iega t exists• rear to tie oda bion does roof mee€ the'requirements this ti#ie:<: < gait ?.i..._:.1•:1.:._a'L..: �.. it__._..:L _ter -. :;:L_....u:-.}:?:::}:•::}:R: i:;::: .... «. ^:•]:.}Yi Ste: designed ttt aoe mmod t a nock flttier...d velop a t' r. q sc . :'}'f.<:v�i::•n}vv:::::: ?'}\;:i:r :�xl:::.'•�.:.'i: iii, •:. %i'�s�►f::41�:iw�iN�<�::.i:��.�.��.�2�.�:.�.. •.. resdenttai •17cotnf0 L •_: il:a[:bei,1::i:°:::::::::o•:::::;:::at creat Dins :u • :«.:: < C.of hsrur$tr#ngathee€fectu t naneacodt ie. jY:;y ti.)ti.:: . t.}y w'".�^1.�•Qii�'' easoxi so •., s t,{„+'::?+4ah%{,...�<:fAonnvxyli::i_}`)_=':�:_�_{• :'. .14( •ani ttgn or:aMendMentQf ;•delict. . ..: .r:/a{!..(y?: utred none:._.- ... • Ired se# oks: exc e n 3 >}:rant a '>a ariance u de ! Kodiak bland Borough. Alaska Ordinance No. 97-08 Page 8 of 8 ''' • ::::::::::::::: " • • -rtforming structwe be destroyEs" except • Lt.laticrts.::::'of this ti detencrtiQflr all not be reconstructed structio •does not tnclude e: titte r.estden rtt difie. int. .gOrktif • n andeda ziiii:Rii:K:::ii:::•,:::.k.. iii,:i:ii,i,::.:•::::::m..i:ii„...i:,:ii,.:::::•:i:m. . -.....:.::::::.:.:::::::::::::::::::::•:::::::ii.:•:•:•:•„:„, - . Argo* Structures 4502I1 J :,re.- .1. en ,use .....„„:„...„..._„.„...„..„.:„...„.„.„,....„,...„ nc . . .. ex�anded Structuresv-oentaininc nonconformino'lest • .• • igerttla tn • • Cernenrot:MtaltSmtIOrsr • • •and ptumbtng may be made to structures c9.0.g1009310.11;91110.0)101 residenti ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: " .•"" r: . . maintenance. tatnt roof ' LIS .44,44.••••••V I5i •••••••4 *.**'•:',*i*M*4: ..- -1 ,.,.,;..i.i::::::,, ....:i.i...m***,...,,,,,i*,,,,,,,,:. . , . .terittt.... ..1:"!:,.::: .::agotitorlarparkina ..1•:::•:,::::::::::::;:„.•::::,„:Evai:§::under chapter 1 $416:40W ioreea • : .strienttaurtructurw: • 444,4444•••• the „.z.:.::..mian i:.:i:.:i: non -conforming . chapter requ ,,:::-..::::?,,,,,,:::,:::g.•:,:. WOOkiWAWAlii,A :;i,...1,::::::;• -i*::::*; 13 .. V-: nge; • :0 - , :::::r.,....VA•: Kodiak bland Borough. Alaska Ordinance No. 97-09 Pegs 7 of 8 �Cuw'w'�f3�w L:�:; a i1l�ii�.•��i:-:`%i'I�c3`�:�i?��`is?`i:�:':''� 5_ �� ��r_%�� � �•i:;�;:;:.:;a; authorized by i COMM .'•R:`frrri:rr:i:.. 1 fiFO •efinit vnet v `' : ut' ::: se;5 :0 • �ered res den tai zoningid strias. e i:;:j;i:;i:?:"::i}is4JJii`•iiiiiii:ii':j::i}iji"`::?"'::?iiii:•"}i`i}iii:•i};:iii:Ji:':::t i;Yi}:;:ti.� •i}y,^:•ii:•iii:4:ti aw€r g zon ng: d�stricts:;:are '�Clstf�tfs •nin dist frtrtsgar`e..co .:.:::::>:<; nsdere'` { ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH • THIS SEVENTEENTH DAY OF JULY, 1997 - ATTEST: onna F. Smith, CMC/AAE, Borough Clerk KODIAK ISLAND BOROUGH Jer u e M. Selby, Borough- M LiVift; /,„A, 11. Robin Heinrichs, Presiding Officer Kodiak Island. Borough. Alaska • Ordinance No. 97-09 Pegs 8 of 8 ou,„ 4i(L- vat)4--ero ODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Rm 205), Kodiak, Alaska 99615-6340 - Phone: (907) 486-9362 ZONING COMPLIANCE PERMIT 1. Property O ner/Applicant: 1P.trr/ Q r -2 I Se) iMailing Addres (Y Y 7 ,&; ,i &L Phone: 6 - 3 r.--.2. Legal Description: K; our 1 1AI SV)S, L-© - 3 (gK.,1 3. Description of Existing Op y/Current Zoning: Minimum Required Lot Area: ?0i,CTU 1th: Street Address:' 1 y _in_ "r L i Tax Code #:I I S 0_1 (TC 3 ^ C tr Actual Lot Area: ffi 05-l%V Width: Minimum Required Setbacks: Sides: 5-r Front: Maximum Building Height: Use and size of existing structures on the lot: Rear: Al/ /T Description of proposed action (attach site p-x/of ole Permit #: 1-11: 120.00 C Z- 5=17, Number and size of parking spaces required (onsite identification of parking spaces is required - Yes: No: "JM Off-street loading requirement: Nfr Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): Aloat Other requirements (e.g., zero lot line, additional setbacks, projections into yards, screening, etc.): Coastal Management Program Applicable Polices (check appropriate category) - Residential: `Business: Industrial: Other (list): Is the proposed action consistent with the KIB Coastal Management Program? - Yes: No: I( the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the conflict(s), and specifies conditions to mitigate the conflict(s). Attachment - Yes: No: THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED Expiration: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced with 180 days from the date of issuance, or, if the building construction or use is abandoned at any time, after the work is commenced, for a period of 180 clays. Before such work can be recommenced, a new permit shall be first obtained to do so. (Sec. 303 (d) Expiration, 1991 Uniform Building Code) per KIBC 17.03.060 3. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough ('ode and that I have the authority lu certify this as the property owner. or as a representative of thce pr 'r wner- I agree to have -r : zt fiable corner markers in place in the field fur verification of setbacks. ng documents attaches Title: ,6.=i./t/0' 1--., ^, Date: / 2- Z 7 `/ 5 plan: % ,% As -built survev: Community Development staff for zoning, by: Title: Other IIis1): Date: 0000001 000017047 12/27/95 16:55:26 Vivian P A I Q 20.00 ZCP FREE FORM LINE #1 #2 #3 Fire Chief (City of Kodiak, Fire District #1 (Bayside), Womens Bay Fire District] approval for UFC (Sections 10.207 and 10.301C) by: Date: Driveway Permit (state, City of Kodiak, Borough) issued bv: Date: 9. Septic system PLAN approved by: Date: ,lrihution: Fila (original) 1 Building t tii , gal ! Atq,lic ant / Assessing luIv 1, 1994 KODIAK ISLAND BOROUGH Community Development 710 Mill Bay Road (Room 204), Kodiak, Alaska 99615-6340 - Phone: (907)486-5736, extension 255 ZONING COMPLIANCE PERMIT Permit #: 1. Property Owner/Applicant: Mail Mailing Address: (z '2,,4) 351 2. Legal Description: (, j -s LAA.) ( fr ..- Phone: itsc 3 / 61,e1t) 1 , V ilavvt {4c((3 nnII,,�, a. Is road access available for emergency. vehicles? Yes: xi No: IN V- L Q b. Is the water supply adequate for any structure other than a single-family residence or duplex? Yes: c. (Contact and note confirmation from the appropriate fire chief or note personal knowledge.) Ai* Street Address: Tax Code #: R I I 7 Oa I Doi --- c7 3. Description of Existing Property/currentzoning: i23--1fvi0(1-7) Minimum Required Lot Area: '7, la -0 S, '! -. Width: fi Actual Lot Area: Width: Minimum Required Setbacks: Sides: Number and sae of parldng spaces required (onsite identification of parking spaces is required - Yes: No: X Off-street loading requirement: Plat related requirements (e.g., plat notes, easements, subdivision conditions, etc.): !v 14— Front: - 1C / Rear j o � 1 " �' Lilo /o Other requirements (e.g., zero lot line, additionalsetbacks, projections into yards, screening, etc.): Use and size of existing structures on the lot: z L•e.�4J `� �t.431 + + cO ' `t -{1L_, 21V3- Maximum Building Height: 3 5 4. Description of proposed action (attach site plan): t^-csn — Is the proposed action consistent with the KIB Coastal Management Program? - Yes: No: U U If the proposed action conflicts with the Coastal Management Program policies, attach a sheet that notes the policy(ies), describes the 4 -✓vin ��55 J r" a 5� 1- licable P Industrial: co es pate . �Lo-Q.Q. ory) - Residential: Business: Other (list): l (pi_ o cc (ZZs Q ((`3 -k -r? is AJC Tin n tit / 1/a.e conflict(s), and specifies conditions to mitigate the conflict(s). Attachment(s) - Yes: No: 5. Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that I have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place in the field for verification of setbacks. By: Date: Title: Supporting documents attached (check): Site plan: As -built survey: Other (list): 6. Staff approval: Date: Title: Distribution: File Building Official Applicant March 1989 THIS FORM DOES NOT AUTHORIZE CONSTRUCTION WHEN A BUILDING PERMIT IS REQUIRED 17.57.060 specified in this section whose loading demand characteris the community development department finds to be most si to those of the unspecified use. E. Where a building contains more than one use, off-street loading berth required for that buildi the largest of those required for each such use F. All off-street loading berths requi section shall be located on the same lot as they serve. G. A required off-street loading of the area used to satisfy the off-- ments of this chapter. H. No space for to a type "C" berth, shall projects into any public have access to any alley lot. Any required front loading unless this tit and location of entra loading areas shall ty development dir I. The loading require that the load interfere wi street. T. insure th this tit i' e ics r all be • r. t = der this buildings that shall not be part t parking require- ading or •ading of vehicles, except be loc so that a vehicle using it str All loading spaces shall o street if no alley adjoins the e or rear yard may be used for ovides for otherwise. The design and exits for required off-street ubject to the approval of the communi- pla g commission may modify the off-street s for a particular building if it finds operations of the use in question will not edestrian or vehicular traffic on a public ommission shall impose reasonable conditions to ny such' modification conforms to the intent of J. loadi e owners of a building subject to the off-street equirements of this section shall provide and main- tain ading signs as specified by the community development dir or. Such signs shall not be counted against otherwise a ed sign area. (Ord. 84-60-0 §1(part), 1984: Ord. 81-40-0 1981; Ord. 80-18-0 §1(part), 1980). Sections: 17.60.010 17.60.020 17.60.030 17.60.040 17.60.050 Chapter 17..60 SIGNS7 Description and intent. Permit required. Residential districts. Business district. Industrial district. 7For statutory provisions regulating outdoor advertising, see AS Ch. 19.25. Prior history: prior code Ch. 5 subch. 2 §16. 17L63 (KIB 6/87) 7.60.010--17.60.050 17.60.010 Description and intent. The intent of this chapter is to permit signs that will not, by reason of their size, location, construction, or manner of display, endanger the public health, safety, or general welfare. It is further intended that this chapter will regulate signs in such a way as to support and complement the purposes and intents of this title. (Ord. 81-58-0 §1(part), 1981). 17.60.020 Permit required. A building permit shall be obtained from the building official prior to the installation of any sign. Signs containing four square feet of area or less are exempt from the permit requirement. (Ord. 81-58-0 §1(part), 1981). 17.60.030 Residential districts. In all residential districts the following signs are permitted: A. One sign on a dwelling unit, not exceeding four square feet in area for the purpose of identifying the name of the occupant and his home occupation; B. One sign on a dwelling unit, not exceeding six square feet in area, for the purpose of advertising the sale or lease of a building or premises; C. One sign, not exceeding twenty-five square feet in area, for the purpose of identifying multiple family dwell- ings, hotels, clubs lodges, public and semipublic institutions and similar uses; •D. One sign, not exceeding thirty square feet in area, for the purpose of identifying nonconforming commercial uses; E. One sign, not exceeding twenty-five square feet in area, for a church, public or charitable institution; F. One sign, not exceeding one hundred square feet in area, for the purpose of advertising a tract development or housing project of at least two acres in size. Such a sign shall not be permitted for more than one year; G. The signs in this section shall be mounted flat against a building or at least ten feet back from the front lot line; and H. No illuminated or flashing signs are permitted in any residential district. (Ord. 81-58-0 §1(part), 1981). 17.60.040 Business district. In the business district, one sign, no exceeding twenty-five percent of the area of a building face fronting on a public street, is permitted. In the event more than one business enterprise is housed in the same building, one sign per business is permitted but the total sign area involved shall not exceed twenty-five percent of the area of the building's face. No flashing signs are permitted within three hundred feet of any residential dis- trict unless shielded from the residential district. (Ord. 81-58-0 §1(part), 1981). 17.60.050 Industrial district. In an industrial dis- trict, one sign, not exceeding twenty-five percent of the area 17-64 (KIB 6/87) 7.60.050--17.63.050 of a building face fronting on a public street, is permitted, provided that:. A. It shall be on the same lot as the main building or use; B. It shall not extend more than fourteen feet above the ground; C. No flashing signs are permitted within three hundred feet of any residential district unless shielded from the residential district; and D. Waterfront industries may also have one sign on the seaward side of the building to identify the premises to vessels. (Ord. 81-58-0 §1(part), 1981). Sections: 17.63.010 17.63.020 17.63.030 17.63.040 17.63.050 Chapter 17.63 CERTIFICATE OF ZONING Purpose. Certificate of zoning. Issuing authority. Issuance upon reque Issuance £ollowin 17.63.010 Purpose. It provide an authorized method requesting information and p district changes of the zon ty, on specific dates. (0 ing changes. is purpose of this chapter to o •tifying property owners s affected by land use district status of real proper - 83 -19-0 §1(part), 1983). 17.63.020 Certifi of zoning. The certificate of zoning shall state the ing of a specified parcel of land on the date of its issua• and have attached a complete descrip- tion of the land use strict regulations which apply. (Ord. 83-19-0 §1(part), 1 17.63.030 ng authority. The certificate of zoning shall be issued the community development department. (Ord. 83-19-0 art), 1983). 17.63.0 went depa zoning to 17 050 Issuance following zoning changes. The commun development department shall provide a certificate Issuance upon request. The community develop - shall provide, upon request, a certificate of property owner. (Ord. 83-19-0 §1(part), 1983). See also Title 15 of this code relating to buildings and ruction. 17-65 (KIB 6/87) CHICKEN CHARLI`S PET FARM 119 MURPHY WAY KODIAK, ALASKA 99615 ATTEN: CITY OF KODIAK PLANNING AND ZONING PLEASE NOTE IN YOUR FILES THAT CHARLI JOHNSON IS THE ACTING RESIDENT MANAGER OF CHICKEN CHARLI'S PET FARM AND HAS MY EXPRESS PERMISSION TO ACT AS MY AGENT FOR ANY AND ALL DETAILS THAT MAY CONCERN PROCURING PERMITS AND CONSTRUCTION OF A SIGN FOR THIS BUSINESS ON MY PROPERTY. SHOULD THERE BE ANY OTHER BUSINESS CHANGES TO THE BUSINESS USAGE, CHARLI HAS FULL PERMISSION TO PROCEEED AS :'NECESSARY. THANK YOU, DARTY L. JOSEPH feok a93F /4/(9,0 / /i/C RECEWED AUG 2 4 1989 COMMUNITY DEVELOPMENT DEPT Marty Joseph Chicken Charti's 119 Murphy Way Kodiak, Alaska 99615 Kodiak- Island Borough 710 MILL BAY.ROAD KODIAK, ALASKA 99615-6340 PHONE(907) 486-5736 January 19, :1989 Dear Mr. Joseph: The City of Kodiak has informed the Community Development Department that you have been issued a certificate of authority to collect sales tax for a business located at 119 Murphy Way, legally described as Lot 2, Block 1, Killarney Hills Subdivision, and currently zoned R -3 --Multifamily Residential. The business use of this residential property is allowed as a nonconforming use, as long as you meet all the standards, contained in the attached regulations. if you do not meet these standards, please contact the Kodiak island Borough Community Development Department within fifteen (15) days of the date of thls letter to discuss your business use of this property. If we do not hear from you, we will assume that you meet all of the standards for a nonconforming business use on residential property. If you have any questions regarding why your business must comply with the Borough Zoning Ordinance, please do not hesitate to contact the Community Development Department at 486-5736. Sincerely, Linda L. Freed, Director Community Development Department attachment: Section 17.36.060 (Nonconforming Uses of Land) CrCPPI.,,ATION FOR CERTIFICATE OF REGISTU.:OhID (SALES AND SERVICE TAX) TO: CITY OF KODIAK P.O.BOX 1397 KODIAK, ALASKA 99615 DATE OF APPLICATION ACCOUNT NO. NAME OF FIRM /Kg& 0e LOCATION ADDRESS : 12//a / • MAILING ADDRESS STREET CITY NAME OF OWNER BUSINESS PHONE < STATE HOME ADDRESS ///4//-/-'71Z7/ -/://'j-(71 4-44d7/Zikl. HOME PHONE - 1 /) STREET 1::_, ., CITY ,e/ STATE ZIP CODE // TYPE OF BUSINESS lii-- DATE BUSINESS STARTED /2 ZIP CODE ALASKA BUSINESS LICENSE NUMBER TYPE OF ORGANIZATION: INDIVIDUAL PARTNERSHIP . CORPORATION OTHER (EXPLAIN BELOW) IS BUSINESS SEASONAL,.A_. IF YES, APPROXIMATE DATES THAT BUSINESS IS OPERATED EACH YEAR FROM _TO NO. OF MONTHS 1,GICIATURE & TITLE OF APPLICANT —.... — . NAME TITLE . MAILING ADDRESS: HOME ADDRESS: 'PHONE: . , NAME TITLE MAILING ADDRESS: HOME ADDRESS: PHONE: . . NAME TITLE MAILING ADDRESS:HOME ADORES : PHONE: ' NAMETITLE MAILING ADDRESS: HOME ADDRESS: PHONE: REVENUE OFFICE ' TL -i5;2--+, Ca --1....(_-•-.2A1 r L -v '5c-e C) • LL 11-4- -110-•••-•-+- Tom Curley SR 119 Murphy Way Kodiak, Alaska 99615 Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486-5736 October 3, 1988 Re: Lots 2 and 3, Block 1, Killarney Hills Subdivision Dear Mr. Curley: You asked me to put into a letter the allowed uses of the property referenced above as regulated by the Kodiak Island Borough Zoning Code. The following background information is important in determining the allowed uses: 1. The property is currently zoned R3 --Multifamily Residential (regulations attached); and 2. The Kodiak Island Borough Planning and Zoning Commission has determined (January 18, 1984) that your current business use of the property is "grandfathered" (also known as a nonconforming use). With this information in mind, this property can be used in the following ways under the current zoning regulations: A. Someone could buy the property, live in the house, and continue the existing business use as is; B. Someone could buy the property, rent out the house, and continue the existing business use as is; C. Someone could buy the property, live in the house, and use the accessory buildings for any activity that meets the definition of a home occupation (regulations attached); and D. Someone could buy the property, rent out the house, and change the business use of the property subject to the following section of the zoning code: Kodiak Island Borough Tom Curley October 3, 1988 Page Two 17.36.050 Nonconforming uses of structures. If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinances codified in this title, said use may be continued so long as it remains otherwise lawful, subject to the following provisions: C. If no structural alterations are made, any noncon- forming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the planning and zoning commission shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the planning commission may require appropriate conditions and safeguards in accordance with the provisions of this title. This option requires the review and consent of the Kodiak Island Borough Planning and Zoning Commission. There are other options for the use of this property. The four (4) options listed above identify what can be done with the property using the existing structures in their current configuration. Another possible development option includes building additional residential units on the property. I hope this letter helps clarify how this property can be used under the current Kodiak Island Borough zoning regulations. If I can be of any further assistance, please call me. Sincerely, Linda L. Freed, Director Community Development Department enclosures cc: Laura Bealy, Island Realty (w/enclosures) TO: CITY OF KODIAK P.O.BOX 1397 KODIAK, ALASKA 99615 NAME OF FIRM LOCATION ADDRESS_I-M-- MAILING ADDRESS NAME OF OWNER HOME ADDRESS 1 9 inn L kRsktir 1 ilN TYPE OF BUSINESS TION FOR CERTIFICATE OF REGISTI., (SALES AND SERVICE TAX) DATE OF APPLICATION ( ZIP CODE CIT c HOME PHONE LI / ATE ZIP CODE DATE BUSINESS STARTED ALASKA BUSINESS LICENSE NUMBER TYPE OF ORGANIZATION: INDIVIDUAL PARTNER HIP CORPORATION OTHER (EXPLAIN BELOW) IS BUSINESS SEADAJAL r3 IF YES, APPROXIMATE DATES THAT 1311,5INESS IS OPERATED EACH YEAR 7-0AJtAze f-ps-rwr-6q1A49 Gi/46 AzdiJaN —W1AARR, Neu/ ga-zA) 461.1R8k 4t.) t -J -rdoirc" un7tA L.-17 61, go TO f\K NO. OF MONTHS SIGNATURE & TITLE OF APPLICANT ,.......•••• ...a. ..• ........• • • • 11 I 1 4.• . IN....S., IV. .../1, ,N,INI 'WSW, I /4•11 NAME TITLE MAILING ADDRESS: HOME ADDRESS: PHONE: NAME • TITLE MAIUNG ADDRESS: HOME ADDRESS: PHONE: NAME TITLE . MAILING ADDRESS: HOME ADDRESS: PHONE: NAME TITLE MAILING ADDRESS: HOME ADDRESS: PHONE: REVENUE OFFICE KODIAK ISLAND BOROUGH Telephones 486-5736 - — Box 1246 KODIAK, ALASKA 99615 . January 25, 1984 Mr.Tom Curley P.O. Box 2654 Kodiak, AK 99615 Dear Mr. Curley: RE: Finding by the Commission to the definition of Pet and Supply Store located ar,cOc-T-67�i--uwaom-i Please be advised that the Planning and Zoning Commission, at its January 18 1984 Regular Meeting, unanimously agreed that your enterprise cannot be classified as a`/hone occu- pation." The Commission also found that the addition of pet accessories in the building, that once stored your feed products, does not constitute an expansion of your noncon- forming use according to Section 17.36,060' /Thierefore,--you' Thank you for your cooperation, and please call if you have any additional questions., Sincerely, -.� ^w~~~e~� ` 8 Bud Cassidy Assistant-Planner/Zoning Officer .Community Development,Department cc: + 2` & 3,'Blok 1, Killarney Hills Subdivision Stacy Castro, Box 2715, Kodiak, AK 99615 .,g KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION Regular Meeting - January 18, 1984. MINUTES CALL TO ORDER Chairman Ken Gregg called the meeting to order at 7:30 p.m. in the Assembly Chambers, Kodiak, Alaska. ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Marlin Knight Virginia Crowe Fred Patterson Tim Hill Dan James Also Present: Linda Freed, Director Community Development Department Dave Crowe, Borough Engineer Buddy Cassidy, Assistant Planner Jolinda Goodwin, Planning Secretary 1. MINUTES OF THE PREVIOUS MEETING: December 21, 1983. There were no additions or deletions to the minutes. MR. HILL MOVED TO APPROVE the minutes and the motion was seconded. The motion CARRIED by unanimous voice vote. 2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS. a) Mr.jom Curley's Request for a Finding Lots_2 _and 3, -Block_ : TAllarney Ms. Freed summarized Mr. Curley's situation in a memorandum presented to the Commission as handout material prior to. the January 18, 1984 meeting. In Staff's opinion, Mr. Curley's operation is not a home occupation, but has grandfather rights and is therefore allowed in his zoning district. Mr. Curley had proposed an -expansion of his inventory, but not an expansion of the facilities in which the nonconforming use takes place. MRS. CROWE MOVED TO INTERPRET Mr. Curley's sale of additional pets and pet supplies- as a tomgpccupatiop. Mr. Patterson seconded the motion. The motion FAILED by unanimag—rat6-vote. MRS. CROWE FURTHER'MOVED:TO ANTERRRET.2-thatAr,-Curley-15-expanded-4ortjon=dfhis-_nonconfarming_use was - al lowe&::w:ithin-Tit]e 17. 36. 060. MJamesseconde-d- the-fhot-ion:and-thel, qgestion_was-,e.alled;_,=The:motion-CARRIED-,Ununanithdu-Sly-with-Mr,—M11--voting 11 3. CASE 83-144. Modification of lease agreement to expand facilities on Tract A, ADL 36049, Monashka Bay Road, submitted by the VFW, and advertised for PUBLIC HEARING at the January 18, 1984 meeting, the request being for an exception to permit multiple -family units in a Conservation District. MS. FREED reported, as a result of a joint worksession between the Planning and Zoning Commission and the Borough, additional background information and a conceptual plan had been .submitted by the VFW. MR. GREGG recessed the Regular Meeting and opened the Public Hearing. MR. TOM SWEENEY, Chairman of the Building Committee for the VFW, was present and explained the additional background:information and conceptual plan to the Commission. Mr. Sweeney stated the desire of the VFW to retain the existing Recreational Vehicle (R/V) space, currently under temporary KODIAK ISLAND BOROUGH MEMORANDUM HANDOUT MATERIAL 01/18/84 DATE: January 12, 1984 TO: Planning and Zoning Commission FROM: Community Development Department SUBJ: Appearanoa, Request for the January 18, 1984, Regular Meeting RE; Lots 2 and 3, Block7, Killarney Hills Subdivision (Tom Curley) Per your request, this memorandum summarizes Mr. Curley's situation, . as discussed at the Commission's work session on January 11, 1984. Mr. Curley's propertyis zoned R3, which permits, among other things, home occupations. Mr. Curley has operated (according to him) a feed and supply store for the last five years. This "operation" has included the sale of not only supplies, but also the sale of livestock and a variety of birds. All of this activity has been //graodfathered// by a previous borough ordinance. It came to our attention this week that Mr. Curley intends to //expand// his current "operation." That is, he plans to carry a wide variety of feed supplies, and add the sale of fish (for pets) and the associated accessories. He does not intend to expand any structures on his property. Based on this information, the Commission may need to make two findings. First, Is the "expanded" operation a home occupation? The definition of home occupation in Title 17 is as follows: 17,06.320 Home occupation. "Home occupation" means an accessory use of a service character customarily conducted within a dwelling by the residents thereof, which isclearly secondary to the use of the dwelling for living purposes and does not change the character thereof and does not involve more than one paid assistant. (Prior code Ch. 5, subch. 2 s9B(part)), If the Commission finds that the //expanded// portion of Mr. Curley's operation is indeed a home occupation, no further action is necessary. (There is no need to make a finding on any otheaspect of the operation, since that use is grandfathered). If the Commission finds that the "expanded' portion of Mr. Curley's operation is not ahome occupation, the Commission must make a further determinationhat determination would be, Is Mr. Curley's "expanded" operation an enlargement of a nonconforming use? If the Commission finds that the "expanded" portioh-of:Mr. Curley's operation ;snot an enlargement of a nonoonformi.g use, -no further action is necessary. If the Commission finds that the "expanded" portion of Mr. Curley's operation is an enlargement of a-nonconformlng use, the Commission should inform Mr. Curley that by this decision the expansion of his operation is in violation of Borough Code. Mr. Curley would have 10 (ten) days to appeal the Commission's decision to the City Council. For your information, Title 17 states: 17.36.060 Nonconforming uses of land. Where, at the effective date of adoption or amendmentof the ordinances codified herein, lawful use of land exists that is made no longer permissible under the terms of theordinances codified in this title, � as enacted or amended, such use maybe continued, . ,o�n nuo , so long as it remains otherwise lawful, subject to the following provisions: A. No such nonconforming use shallbe enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment ofthe ordinances codified in this title. B. No such nonconforming ' shall be moved inwhole or in part�to any other portion.of the l or parcel occupied by such use at the affective date of adoption or amendment of the ordinances codified herein. . ' C. If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located. APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY - CITY OF KODIAK - KODIAK ISLAND BOROUGH - BUILDING DEPARTMENT Telephone: 486-8070 710 Mill Bay Road d. (APPLICANT TO FILL IN ALL INFORMATION WITHIN BOLD LINES. PLEASE PRINT. USE A BALLPOINT PEN AND PRESS FIRMLY.) (OFFICE USE ONLY) STREET ADDRESS: CLASS AND SCOPE OF WORK: SPECIFICATIONS: BUILDING PERMIT NUMBER: DATE OF APPLICATION: , . 1 i '-:( 'Pil) 1 ,Y.' i,.L.) A 7' -e9' .5' CS • 9;92 LOT: 05 BLOCK:01 NEW DEMOLITION FOUNDATION FOOTINGS STEM WALL PIERS ZONING COMPLIANCE: _ DATE ISSUED: TYPE /.'',),A11..- IC 2:_." Ci/' 6 6-1 Wil , . REPAIR ALTERATION SUBDIVISION / SURVEY: ADDITION "/ ,,,.., MOVE DIMENSIONS VALUATION BASIS: BUILDINGIPERMIT FEE: DEPTH IN GRND ,.../7 , / C. ... 3 1LL.frc.A /tISNX--LS NAME: USE OF BUILDING AUTHORIZED BY REINFORCEMENT VALUATION: PLAN CHECK FEE: 4;..i,- y -iv-AN ,- - - THIS PERMIT: „. BOLT SPACING - ' ,if ..5'(:)) , t (5 477F:49 (--' MAILING ADDRESS: .,p.rt . ,„ j, ' ---" ' ' ' CRAWL SPACE HEIGHT INCHES OCCUPANCY GROUP: TOTAL FEE: 0 W i 1 '1 A.•'31 (.-tt,.; '4 / ,,, • ' CRAWL SPACE VENT SQ. FEET ' ', C, N CITY & STATE:) SIZE ''-;.? j :,;( e I.D 1 HEIGHT cif i AB E H 1 MR R i2. , l' ' - '" lj1-" NO. OF ROOMS — STORIES STRUCTURAL SPECIES & GRADE SIZE SPACING SPAN RECEIPT NO: TELEPHONE: NO. OF FAMILIES 1 GIRDERS i'l ef; ' ' f q 'XIC <5. i 0 ' 0,- , '1': :; • 4••( =, 61" - _-) ci5 3 i TYPE OF BUSINESS _ /fl/ GIRDERS EACH OF THE FOLLoWING NAME: NO. OF BLDGS NOW ON LOT ' JOISTS 1ST FLOOR !--ic14 .F fia 2 Vir,-, i 4:.':, " , , • DIV. 1 2 3 4 5 6 STAGES OF CONSTRUCTION A USE OF EXISTING BLDGS JOISTS 1ST FLOOR REQUIRES INSPECTION BE R MAILING ADDRESS: SIZE OF LOT JOISTS 2ND FLOOR REQUESTED & COMPLETED C WATER: PUBLIC '"%<,. PRIVATE JOISTS 2ND FLOOR - TYPE OF CONSTRUCTION PRIOR TO PROCEEDING WITH H CITY & STATE: SEWER: PUBLIC --$, PRIVATE CEILING JOISTS ANY FURTHER WORK: / E INSULATION TYPE & THICKNESS: EXTERIOR WALLS I II 111 IV V N TELEPHONE: BEARING WALLS N 1 -HR FR H.T. FOR INSPECTION CALL 486-8070 G FOUNDATION INTERIOR WALLS EXCAVATION STATE LICENSE: WALLS ROOF RAFTERS UNDERGROUND UTILITIES ROOF/CEILING TRUSSES DRIVEWAY PERMIT: FOUNDATION/SETBACKS NAME: , '•i -61Z SHEATHING TYPE & SIZE: SUBMITTED-- FRAMING c I kl -tViriw or f -ns, FURNACE TYPE: APPROVED ROUGH ELECTRICAL 0 N MAILING ADDRESS: FLOOR WOOD HEATER YES NO ROUGH PLUMBING T IUci iti 60 PH V .1/0 iii WALLS ADEC APPLICATION: FINAL R CITY &STATE: ROOF TYFE SUBMITTED DATE C.O. ISSUED: A ./.2' 4,p 1 jf,;k 4,<L1 14, K.: -"'. FINAL APPROVAL , C T TELEPHONE: FINISH MATERIAL: I HEREBY ACKNOWLEDGE THAT 1 HAVE READ THIS APPLICATION, THAT IT IS CORRECT AND THAT 1 AGREE TO COMPLY WITH ALL ALASKA FIREMARSHAL REVIEW: 0 Ci J? - 466 '*-- 2)6' „4,:' ROOF ORDINANCES AND LAWS REGULATING BUILDING CONSTRUCTION ------ SUBMITTED: . APPRO e : '., R STATE LICENSE: EXTERIOR SIDING / '41. . , ' -; - - - - la INTERIOR WALLS :- 1. .• ,. it I 1 ,! ,,i , APPLICANT: --'''''''' - , / ; I • ,,,---, - r -_--° ------ .. 4 , pkg? APPROVED - UiLDINU 0 -Pi -ICI • L.:-- AT -- en CA 1'4 0.TES: '' ,^''',7 ^ "-- /(<7 /' 7 , , SYSTEM DEVELOVENT 1-.m,;..'"2"4:a°3--; ' ..) ' ) ; . (SAAT E WATER $ \ie• / SEWER $ 0 IPT # .. / TOTAL $ CASHIgliZ 9 g . Printed In Kodiak, Alaska by C & A Printing Inc.