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KILLARNEY HILLS BK 1 LT 2 - NonconformitiesMarty Joseph P.O. Box 2938 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 20, 1990 Re: Request for a determination by the Planning and Zoning Commission in accordance with Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way Dear Mr. Joseph: The Kodiak Island Borough Planning and Zoning Commission at their meeting on September 19, 1990, found, in accordance with Section 17.36.050.0 of the Borough Code, that the use of structures for an upholstery repair shop is equal to or a more appropriate nonconforming use of structures as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District on Lots 2 and 3, Block 1, Killarney Hills Subdivision. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant. Therefore, the Commission's decision will not be final and effective until ten (10) days following the decision. Failure to utilize this approval within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain zoning compliance for any construction on the property. Kodiak Island Borough Marty Joseph September 20, 1990 Page Two The Commission adopted the following findings of fact in support of their decision: 1. The use of structures on the property for an upholstery repair shop does not result in any off-site impacts to neighboring properties. 2. The use of structures on the property for an upholstery repair shop alone qualifies as a home occupation, which is more appropriate than use of the structures for a pet store. 3. The change in use will not increase the number of people employed in businesses on the property. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Eads, Secretary Community Development Department cc: Charlie R. Johnson • Letter dated September 12, 1990, to Waldo's Enterprises, • Ltd., from Bob Scholze, re: Portion of Tract C, U.S. Survey .1396 - Abandoned/Unregistered vehicles and litter. J) Letter dated September 13, 1990, to Terrance Bratmer from Bob Scholze, re: Lot 12, Block 6, Baranof Heights 1st Addition - 1221 Larch - Illegal 4-plex. K) Memorandum dated September 15, 1990, re: Lot 22, U.S. Survey 3099 - Junk vehicles and equipment. L) Letter dated September 18. 1990, to Carl and Lisa Brewer from Bob Scholze, re: Lot 6, U.S. Survey 3466 - Junk vehicles, salvage, and outdoor storage. M) Violations Status Log dated September 18. 1990. Staff reported the following deletions to the agenda: AGENDA DELETIONS X REPORTS A) Community Development Department Monthly Status Report Staff suggested that the Commission rearrange the order of the public hearing items by moving the proposed revisions to the Borough Code (Items A through G) to the bottom of the public hearings (following Item V). COMMISSIONER HODGINS MOVED TO ACCEPT the agenda with the additions, deletions, and changes reported by staff. The motion was seconded and CARRIED by unanimous voice vote. W. MINUTES OF PREVIOUS MEETING COMMISSIONER COLEMAN MOVED TO ACCEPT the minutes of the August 15, 1990, Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. • • • Request for a determination by the Planning and Zoning Commission in accordance with Section • 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3 -- Multifamily Residential Zoning District Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way (Marty joSeph; Charlie R Johnson) COMMISSIONER HODGINS MOVED TO FIND, in accordance with Section 17.36.050.0 of the Borough Code, that the use of 1' & ZI4ktutes: Septembee 19. 1990 Page 2 of 37 structures for an upholstery repair shop is equal to or a more appropriate nonconforming use of structures as the existing continuing use of the structures on the property for a pet store in a R3--Multifsmily Residential Zoning District on Lots 2 and 3. Block 1, Killarney Hills Subdivision; and to adopt the findings of fact contained in the staff report dated September 6, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 1. The use of structures on the property for an upholstery repair shop does not result in any off-site impacts to neighboring properties. 2. The use of structures on the property for an upholstery repair shop alone qualifies as a home occupation, which is more appropriate than use of the structures for a pet store. 3. The change in use will not increase the number of people employed in businesses on the property. • The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests. VL PUBLIC HEARINGS BL) Case 90-054. Request for the rezoning of five (5) tracts of land (approximately 165 acres) located within Lots 15 and 24, U.S. Survey 2539 from C --Conservation B --Business, and RR1--Rural Residential One in accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located in the area commonly known as Swampy Acres. (Natives of Kodiak, Inc.; Tony Drabek) DUANE DVORAK indicated 9 public hearing notices were mailed for this case and 1 was returned, stating non -objection to this request. Staff reported that the applicant had requested postponement of the request in order to discuss the proposed rezoning in more detail at a Planning and Zoning Commission worksesslon. ' Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HAKIT MOVED TO POSTPONE action on Case 90-054 until the Planning and Zoning Commission regular meeting on October 17, 1990, and to schedule Case 90-054 for another public hearing at that time. The motion was seconded and CARRIED by unanimous roll call • vote. P & Z Minutes: September 19.1990 Page 3 of 37 Marty Joseph P.O. Box 2938 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 September 13, 1990 Re: Request for a determination by the Planning and Zoning Commission in accordance with Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way Dear Mr. Joseph: Enclosed please find a copy of the materials, concerning the above referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review worksession held Wednesday, September 12, 1990. If you have any questions or comments, please contact the Community Development Department. Sincerely, Patricia Eads, Secretary Community Development Department enclosures cc: Charlie R. Johnson (with enclosure) DATE: TO: FROM: SUBJECT: - Appearance Request Item V-A Kodiak Island Borough MEMORANDUM September 6, 1990 Planning and Zoning Commission Community Development Department Information for the September 19, 1990 Regular Meeting Request for a determination by the Planning and Zoning Commission in accordance with Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way (Marty Joseph; Charlie R. Johnson) BACKGROUND The property referenced above is the location of a nonconforming use of structures (pet store). Some of the floor area of this nonconforming commercial complex has been converted to an upholstery shop. As required by Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code, the Planning and Zoning Commission must determine that the use of the structure for an upholstery shop is an equally appropriate nonconforming use in the R3 --Multifamily Residential Zoning District. This determination should have been made prior to initiation of the upholstery repair shop, however, the operator of the upholstery shop requested this appearance request when made aware of the requirement by staff. Observation of the upholstery repair shop in operation showed no indication that the conversion of building area to the upholstery repair use will have any off-site impacts on neighboring properties. In addition, staff notes that the use is more appropriate as it would qualify as a home occupation if it were operated by a resident of the property. It does not appear that this change in use will result in an increase of non-residents employed in businesses on the property. Appearance Request Item V-A Page 1 of 2 P & 2: September 19, 1990 Appearance Request Item V-A RECOMMENDATION Staff recommends that the Commission find that the use of structures on Lots 2 and 3, Block 1, Killarney Hills Subdivision for an upholstery repair shop is equal to or a more appropriate nonconforming use of structures than a pet store. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, an appropriate motion is: Move to find, in accordance with Section 17.36.050.0 of the Borough Code, that the use of structures for an upholstery repair shop is equal to or a more appropriate nonconforming use of structures as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District on Lots 2 and 3, Block 1, Killarney Hills Subdivision; and to adopt the findings of fact contained in the staff report dated September 6, 1990 as "Findings of Fact" for this case. FINDINGS OF FACT 1. The use of structures on the property for an upholstery repair shop does not result in any off-site impacts to neighboring properties. 2. The use of structures on the property for an upholstery repair shop alone qualifies as a home occupation, which is more appropriate than use of thestructures for a pet store. 3. The change in use will not increase the number of people employed in businesses on the property. Appearance Request Item V-A Page 2 of 2 P & Z: September 19, 1990 TR S -4A -1A TR S -4A -2A-1 � 4P 1A USS 3469 A-5 TR C -1A Marty Joseph P.O. Box 2938 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 September 4, 1990 Re: Request for a determination by the Planning and Zoning Commission in accordance with Section 17.36.050.0 (Nonconforming Uses of Structures) of the Borough Code that the use of structures for an upholstery shop is equally as appropriate a nonconforming use as the existing continuing use of the structures on the property for a pet store in a R3 --Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision. 119 - 121 Murphy Way Dear Mr. Joseph: Please be advised that the request referenced above has been scheduled for review and action by the Kodiak Island Borough Planning and Zoning Commission at their September 19, 1990 regular meeting. This meeting will begin at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is recommended. The week prior to the regular meeting, on Wednesday, September 12, 1990, at 7:30 p.m. in the Borough Conference Room (#121), the Commission will hold a worksession to review the packet material for the regular meeting. You are invited to attend this worksession in order to respond to any questions the Commission may have regarding this request. If you have any questions, please call the Community Development Department at 486-5736, extension 255. Sincerely, Patit.e,(;A Lth, Patricia Eads, Secretary Community Development Department cc: Charlie R. Johnson KODIAK ISLAND BOROUGH . COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 204, KODIAK, ALASKA 996156340, (907) 486-5736 The application fee for all items covered by this form Is fifty dollars ($50.00), except as otherwise noted. Condldonal Use Permits, Ex tions and Variance applications also require the submission of a alte pIan. �. Applicant Information Property owner's name: %/ V !3f Property owner's mailing address: , 9 . ��crX` 9 3 d City: 16�l�. State: elk Zip: �('� t W. phone: y If applicable, Agent's name: Of,/ //' Agent s mailing address: f %� !���� �:�i � / ,✓ Home phone: —''5 'ZS Work phone: 'i tm _/lo Property Information � .. ; AI"GLS Legal Description: _EMIG. Present use of property: lQ�7" ��4�r7c} s,t�,' Proposed use of property: : " c.,k. _� 1 t } c2fz /�Y/{��lq'fZml�l2t1 7-i11Yt3--Cc '11aI&�� . /f�•l\-t-1 1Yr �y . _..lilt `/j • J ! / / _ .% V ! "" i LY l �/ 4'♦"' Y � 4 ?rn � ' i '- • V r'+... i ( y' 1, ♦ 114 .. Applicant .Certification 1, theapplirant/authorized agent, have been advised of the procedures involved with this request and have recleved a copy of the appropriate regulations. / X1 ;� / 8 90 Aut rized Agent' ,' gn ure Date Property gnat ,� Dat: STAFF USE ONLY Code Section(s) involved: Conditional Use Permit Exception ,-- Variance Title 18 Review. tom'' Other (e.g., appearance requests, etc.) non -fee Items 6960E AtE� Zoning change from to �.______ T, Application acce •ted7 r ( Sta.) signature (.l , Date accepte• 41 Pt USS 3469 A-5 TR C -1A