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
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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
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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.
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Aut rized Agent' ,' gn ure Date Property gnat ,� Dat:
STAFF USE ONLY
Code Section(s) involved:
Conditional Use Permit Exception
,-- Variance Title 18 Review.
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