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KODIAK TWNST BK 1 LT 10-A - Variance- Cit of Koldi.ak PHONE (907) 4864224 TELEX 25345 P.O. BOX 1397 I� KODIAK ALASKA 99615 KODIAK, August 15, 1977 Mr. Robert King P.O. Box 1434 Kodiak, Alaska 99615 Dear Mr. King: 1 As you are aware,- the City Council took action at the Board of` Appeals held on August 11, 1977,overturning the decision ofPlanning and Zoning to require two parking spaces per unit of your; development. The Council modified therequirement to, fifteen (15) parking spaces.. i If you have any questions concerning the conveyance problem please contact the Borough Planning Director.. i 1 Libby Presnall_ City:Clerk - 04,1143: island Borough KODIAK,, ALASKA ...:. EI'VED AUG115977. PPI yS3aPfl p ill �, t r. . ODIAK PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1977 IX. INFORMATION AND REPORTS (Continued) A. Borough Manager (Continued) Page 5 Regional Development Plan and strategy. A report of the work in progress was to be made periodically. Scheduling review by the Commission and Assembly would be required. Mr. Denslow waid that the Commission should be aware of a scheduling deadline. Mr. Denslow presented two proposals to the Commission: 1) The Commission consider holding their regular meeting each month to exercise zoning duties, plus holding special meetings during the months of September, October. amd November, with matters relating only to the Comprehensive Plan; and 2) Relates to the process of revising the zoning ordinance subdivision regulations and preparing Capital Improvement Program. The Planning Director will take sketch plans to all villages sometime in September for review. Mr. Logan made the motion to recommend to the Borough Assembly the adoption of the map and master plan as presented by the Borough Manager, for the City of Port Lions. Mr. Anderson seconded the motion. Motion was approved by unanimous roll call vote. Mr. Denslow suggested setting up a schedule consistent with the villages' and Commission requirements. Mr. Williams commented that the dates set up will be the first Monday of September, October, and November, allowing the second Wednesday for problems that may arise concerning the schedule. The third Wednesday is the scheduled regular P & Z Commission meeting. ,The fourth Wednesday is open, if needed. B. Planning Director Mr. Milligan requested a short work session following adjournment of the meeting Mr, Dale TUbbs, formerly with the Alaska Division of -Lands, was present. He was hired to assist in reviewing land selections files and bring the files up to date. . Planning Department's Monthly Activities Report - None. Mr. Milligan addressed the Commission regarding the request for a variance for Robert King. Daring the hearing the Commission granted a request with two conditions: 1) Mr. King obtain a conveyance of property from KEA, and 2) Provide off-street parking with a ratio of two (2) spaces per dwelling unit. Nr. King filed an appeal with the City Council for the City of Kodiak sitting in as Board of Adjustment. The Board of Adjustment in reviewng the case, reduced the parking requirement from 2 spaces to 1.5 spaces per dwelling unit. A serious question. has arisen as to whether it is, in fact, the intent of the motion to require thatthere could be a conveyance of land or an easement-uSe-agreement guaranteeing the utilization. of that land. The minutes need to be clarified. If they are an accurate reflection, conveyance is probably not feasible at this time. The land • is_encuMbered by,KEA to the National Rural Electrification Agency in Washington fbr purposes of funding improvements under REA loans KEA has received, .1kremovethat:property from,oneiof.those loan encumbrances 'wouldtake,some time, Jhe.variance.Mr. King was grantedwillyobviously-,- eXPire long before it could be accomplished. Mr. Milligan asked the Commission.to refrain:from the,adoption of the minutes. ;He also asked the COmmission:to Come"to'thb office to review the. tapes.:.Mr. Logan moved to accept the minutesasTresented:with the exception of the' June:29-minutes' Item IV (1) regarding the variance, pending study of this item and approving. it later; Mr. Andersonseconded the motion., Motion carried by unanimous voice,call vote. COMISSIONERSCOMMENTS Mr. Logan moved to recommend to the Borough Assembly that Section 17.75.010 Section A, Which deals with parking, be changed to require: two (2)- parking spaces per dwelling. It presently states one (1) space per dwelling. Mr. Anderson seconded the motion. Motion failed 4 to 2 with Mr. Anderson, Mr. Busch, Mr. Erwin, and Mr. Williams casting the NO vote. KODIAK PLANNING AND ZONING COMMISSION MEETING AUGUST 17, 1977 Page 6 XI. AUDIENCE COMMENTS A. :Ivan Widom, not really speaking for the City of Kodiak, commented on. tWo items: 1)TheComprehensive Plan will bring a lot of input from the' ' ' comunity; and 2) Parking. Chairman Williams stated that the Planning Commission has a sub -committee -presently doing a atudy on parking in the Greater Kodiak Area. B. Don Baker presented a petition with twenty-eight signatures from property owners and/or residents of property fronting on Larch Street, petitionihg the KIB Planning & Zoning Cornission, the Borough Assembly, and the Kogalt City Council members to act to restrict development in Russell EstateS,i_ 2nd Addition, Block 1, 2, and 3 to a• mulaWl.denalty not to exceed that allowed under the provisions of R-2 zoning. C. Mr. King inquired about the variance, Mr. Williams replied that clarifi. ca ion will be coming *ma listening to the tapes. AD:015a1MoiT 12:15 aim. SUBMITTED Eareasisszawa 4111•0111111.11••• APPROVED MA/WAN • MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF KODIAK HELD ON AUGUST 11, 1977 MEETING CALLED TO ORDER Deputy Mayor Stevens called the meeting to order at 7:30 p.m.' Present were Councilmembers Lechner, Mills and Woodruff. PREVIOUS MINUTES Councilwoman Lechner moved for approval of the minutes of the regular meeting of July 27, 1977', seconded by Councilman Woodruff. Roll call was unanimously favorable. OLD BUSINESS -- a. Second Reading of Ordinance 502 RE: Annexation' V. BOARD OF APPEALS a. Appeal of Robert King •RE: Lot 10, Block 1, Townsite-Parkirig Requirement Deputy Mayor Stevens read the Ordinance by title. Councilman Mille moved for approval in second reading, seconded by Councilman Woodruff. Roll call was unanimously favorable. IV. NEW BUSINESS a. Transfer of Vehicle Permits #31 and #7 Councilman Mills moved for approval of the transfer of permits, seconded by Councilman Woodruff. Roll call was unanimously favorable. b. Bid Opening RE: Patrol Boat Councilwoman Lechner moved to award the bid to Shelikof Net Company, the low bidder, in the amount of $14,057.11, seconded by Councilman Mills. Roll call was unanimously favorable. c. Bid Opening RE: Pickup Trucks Councilwoman Lechner moved to award the bid for the purchase of three pickup trucks to the low bidder, Berg Motor Company, in the amount of $17,249.43, seconded by Councilman Woodruff. Roll call was unanimously favorable. d. Bid Opening RE: One -Ton Truck Councilman Woodruff moved to award the bid to the low bidder, Berg Motor Company, in the amount of 16,787,16, seconded by Councilwoman Lechner. Roll call was unanimously favorable. Deputy Mayor Stevens recessed the Council meeting and called the Board of Appeals to order'at 7: SO -p.m. ,Mr. King stated that he was appealing the - decision of Planning" and Zoning that he should provide two,parldng spaces per unit rather than the one•required by the Borough Code. He also stated that the Planning and Zoning Commission had required conveyance of certain property from KEA that is needed to provide parking spaces. Mr. King ' - : stated that he felt two parking spaces Were unnecessary as most of the units ' will be efficiency apartments., Alen the apartment building will be located close to the downtown area as well as several canneries. Mr. Milligan, Borough Planner; advised the Council that Mr. King had addressed his appeal to only.the parking space issue'and the conveyance problem would have to go' back to Planning and Zoning for a decision.. He stated that Planning and Zoning -had heard public testimony. -concerning•: - --.- -- -.--. parking congestion in the.area, Several members in the audience spoke concerning the parldng. Mr. King was advised that the Planning and Zoning Commission can require additional parking -when a variance is granted. • Councilwoman Lechner made.a motion to grant the appeal then a recess was called . at 8:25. When the meeting resumed at 8: 40. Councilwoman Lechner withdrew her. - motion with the agreement of second. f ' ' Councilwoman Lechner,moved to overturn the decision of the Planning and Zoning Commission and require thaf Mr. King provide 15 parking spaces, seconded by Councilman Woodruff. Roll call was unanimously favorable. The regular Council meeting was called back to order at 8:50 p.m. VI. CITY MANAGER'S REPORT The C1tyManager asked that the Councll'consider another bid award. He stated that it was not en the: agenda as the specifications had not been received in time.. The reason he was requesting consideration was that one of the bidders had stated that his bid was only good through August 11; ' ' e. Bid Opening. RE: Meter Boxes and Covers Councilman Mills moved to award the bid to the only bidder, Western Utilities Supply Company, in the amount of $7,461, seconded by Councilwoman Lechner. Roll call was unanimously favorable. f. Bid Opening RE: Street Flusher Discussion was held concerning one bidder having bid the chassis separately. Councilman Mills moved to award the bid to the low bidder, Alaska Sales and Service, in the amount of $31,559.70, seconded by Councilman Woodruff. Roll call was unanimously favorable. - ' Councilman Mills moved to place the bid opening on police cars on the agenda, seconded by,Councllwonian-Lechner. -Roll call was unanimously favorable, - The Utilities Superintendent stated that both bids met the spedincations although . there had been some'question concerning curb weight on the cars-tob"e, provided '- by Cal Worthington Ford. Councilman Mille moved to award -the bid to the low , , bidder, Cal Worthington Ford, In the aount of $16,494.09 for 'three police cars, seconded by Councilman Woodruff. Roll call was unanimously favorable. - The City Manager advised that it was necessary for the Council to certify' the . population for revenue sharing purposes.. He asked that the Council take action on this matter' so that the applidation for funds could be submitted: Councilwoman Lechner moved to certify the population as 4,960, seconded by Councilman Mills. Roll call was unanimously favorable. . , VII. COUNCIL COMMENTS Councilwoman Lechner asked the City Manager to talk to the State Highway Department about the street signs for Rezanof being,misspelled. • • The problems associated with the Lee Russell sewer line were discussed. • Mr. Widom advised that DEC le reviewing the plans, and any action by the City will depend on what DEC decides. Councll was advised that the State will fix the Mill Bay Road off -ramps. Councilman Woodruff stated that he had just returned from a meeting concerning the issuance of licenses for foreign processors within the 200 mile limit, The • Council had received information from the City of Cordova protesting the licensing. Councilman Woodruff made a motion to support the Cordova Resolution and to • write letters to the legislators protesting the issuance of these licenses. The motion was later withdrawn. • Mr. Naughton spoke to the Council concerning the :ia.ed for the foreign , processors. He stated that the. United States cannot provide the processors at this time. If the U.S. fishermen can fish for the foreign processors a quota can be established and more floating processors built. He advised that bottom fish have to be processed almost immediately and that the foreign processors have a very efficient system. He felt that if the .U.S. was ever going to be able to compete in the world market for bottom fish, -it -was necessary to -have -foreign -processors -until U.S'..processors could be built. Shore -based processors cannot meet the price nor the need for quick processing to compete, price wise in the world market. Discussion followed. The Council advised that this will be on the next agenda. VIII' ADJOURNMENT The meeting was adjourned at 10:15 p.m. KODIAK ISLAND BO June 30, 1977 Robert King P. 0. Box 1434 Kodiak AK 99615 Dear Mr. King: IPS The P & Z Commission in their special meeting on June 29; 1977, approved your application for a 1,000 square foot variance. The P & Z Commission granted you a variance with these conditions: I. that KEA convey clear title of that portion of land (USS, 1995 as described in Exhibit A, to you 2. that you provide two (2) parking spaces per dwelling unit 3. that a copy of land conveyance notarized and deeded be given to the Planning Department prior to construction. For your information any variance approved by the P & Z ComMIssion must be utilized within six months after the effective date of the variance. Construction must actually commence within the stated periodand must be diligently prosecuted to completion. Otherwise the variance is automatic- ally voided. ), If you have any further questions, please feel free Good Luck with your project. Sinc rely, ?.7 utena Mulitalo, Zoning Administrator LM:rc to give us a call. 04) MILTONM. SOUTER ATTORNEY AT LAW P. 0. BOX 2398 THE HARBORVIEW, SUITE 3 KODIAK, ALAS KA 99615 TELEPHONE (907) 486-4314 June 29, 1977 Mr. Lutena Mulitalo, Zoning Administrator Kodiak Island Borough P. 0. Box 1246 Kodiak, Alaska 99615 Proposed development of Lot 10, Block 1, Kodiak Townsite, U. S. Survey 2537B, by Mr. and Mrs. RObert King Dear Mr. Mulitalo: As the attorney for Kodiak Electric Association, Inc. (KEA), I :wish to inform you that KEA and Mr. and Mrs. Robert King have agreed in principle that KEA will either convey pitle,ox rant a parking easement to Mr. and Mrs. Robert King for use by tenants of Mr. and Mrs. King's proposed apartment building to be erected On the above -referenced property. The(C'ETnVeyance of,-tfEle?or thelfgratt--01-the-VatkifirEasemerip, whichever ultimately results', will cover the land described on the attached paper entitled "legal description" and marked Exhibit A. The described land contains 3770 square feet more or less. In addition to the conveyance or easement grant covering such land, KEA also has agreed in principle to grant Mr. and Mrs. King an access easement approximately 24 feet in width extending along the southwesterly boundary line of Lots 10 and 11, Block 1, Kodiak Townsite, U. S. Survey 2537B. This access easement will be for Mr. and Mrs. King's tenants to use as a means of ingress and egress from Marine Way to Lot 10, Block 1, Kodiak Townsite, U. S. Survey 2537B. Within the next 10 days I expect that Mr. and Mrs. King will be able to obtain a more definitive legal description and plat for the areas to be conveyed or subjected to the described easements. lcs----so-onTa5-17have receiv.ed-the7finalize,dgaI7descTiption:ancl, ,P1;atffrom-___the--.surv.eyor,-I-_-_wilL_prep-arelther-necessary7forma-Iilegai-documents-toTeffectz, the-E6nTreyancq:ofirfh-e7fffdlor:easements-in=qUestiorD Thereafter, I anticipate that both KEA and Mr. and Mrs. King will execute -these legal doCuments, following which they will be recorded and your office notified of the same. To enable you better to understand the legal description set forth on Exhibit A, I am enclosing a somewhat informal plat, which I have labeled Exhibit B. The areas of in- tended title conveyance or easement grant, whichever results, are marked in bold lines, and I believe that you will find them to be self explanatory. MMS/miv Enclosures Sincerely yours, Milton M. Souter ts,of,ti,etic ItsiAnd Barongb ALASKA ECVVED tu 2 9 -19?,7 : PRI 11810jailligglig293i445!0 ADDENDUM TO MINUTE. June 29, 1977 P & Z SPECIAL MEETING Page 1 IV. PUBLIC HEARING Variance- Lot 10, Block 1 Townsite Subdivision, Mr. RobertKing. Mr. Mulitalo presented the staff report to the commission. He reported that Mr. King wanted to build a 10 unit apartment and had an understanding with KEA for the purchase -of land that would allow him to proceed with this project. Mr. King is requesting a variance because even with the additional land from KEA he will be short approximately 1,000 square feet of land required to meet the Code for a project of this nature. Mr. Mulitalo recommended that the commission grant this variance with the following stipulations; 1) KEA convey clear title of land or grant title for full life of,project; 2) Deed of conveyance -of title document or documents be given to the Planning Department prior to beginning construction of this project. Regular meeting was closed and public hearing opened. Mr. King was available for questions. The audience expressed concern over having enough parking area in such a congested area. Public hearing was closed and regular meeting resumed. Mr. Ball made the motion to grant the variance of 1,000 square feet on Lot 10, Block 1, Town - site Subdivision with recommendation of the staff regarding KEA conveying property to Mr. King. Mr. Busch seconded the motion. Mr. Logan stated that he sees the need for housing close to'the cannery, but still if Mr. King does not get the land from KEA it is too much of a variance to grant. Mr. Milligan stated in connection with the particular agreement that there are two (2) things that administration would like to include in the agreement; 1) Kodiak. Island Borough be named party to any agreement between KEA and Mr. King for protection of the public in the event that agreement is terminated by either party prior to the demise of this building. That we are aware of it and agree to it. 2) Agreement be reviewed and approved by Kodiak Island Borough with alleged incumbent lifor public protection that this variance is granted. Mr. Williams: The chair would ,entertain an amendment to the motion to include the two (2) points that Mr. Milligan made that the borough be a party to the agreement with KEA be reviewed by the borough and also that 2 parking spaces per unit be provided in the project. Mr. Pugh commented on Mr. Milligan's statement that sometime in the future KEA might go back on the situation. Also stated that if the motion passes with the stipulation that KEA convey title to the land, not granting any easements, but that way the land belong to Mr. King;to the apartment complex and it can never be taken away. Chairman Williams replied that it is in the motion that KEA convey title or clear title or convey title for the life of the building. !In either case it serves the purpose. Mr. Logan moved to make an amendment to the motion that the borough be made a party to the agreement on the deeded land from KEA. Mr. Ball: It is automatically it,it is conveyed. I mean it has to be conveyed. Thats what I said it had to be conveyed. Mr. Logan: I withdraw it then. Mr. Williams: He means a party in the actual conveyance. In otter words it could be renegotiated without the Borough involved. Mr. Milligan: If there is a conveyance of title then it would be moot. "AUDENDM TO MINUTES OF June 29, 1977, P & Z SPECIAL MEETING PUBLIC HEARING - continued (Robert King) Page 2 Mr. Williams: Right. But in the second situation-that!s the one that you are looking for the protection. Mr. Milligan: That thought was covered in Mr. Ball's motion that you do not use the word OR which I thought. 1 Mr. Ball: I did not use the word "Or" it had to be conveyed. Mr. Milligan: Mr. Ball said to convey and that would make!'moot my comment about the Borough being a party to it. Mr. Williams: Under that condition Mr. Logan are you agreeable? Mr. Williams: Mr. Ball's motion is Mr. Ball: Convey title. Period. Mr. Logan: I withdraw. Mr. Williams: Mr. Logan has withdrawn to convey title to Mr. 'King. his motion. Anyjurther questions? Mr. Busch: Could the secretary read the motion? Mrs. Clutter: Mr. Ball made the motion to grant the variance of 1,000 square feet on Lot 10, Block 1, Townsite Subdivision with recommendation of the staff regarding KEA convey property to Mr. King with the amendment to include two (2) parking spaces per unit be provided. Motion passed by unanimous roll call vote. SUBMITTED: APPROVED: c.„ hat man rr( The chairman Board of Adjustment Kodiak Island Borough Box 1346 Kodiak Alaska 99615 7-1-77 Gentlemen; The planning and zoining commission in their special meeting of June 29, _1977_gTanted our variance request of one thousand square feet stipulation that we provide two parking spaces per dwelling unit on our project. - - that the decision by the planning and zoining commission to require L_,..oprovidetwo parking spaces per dwelling unit is unfair and unnessary. The KOdiak Island BoroughhZoinging code in a R 3 district requires one parking spaceper dwelling Unit. (Section'17.57.010 A) Therefore in.light of this, we wish to formaly file an appealpper section 17,66:180 regarding the decision that was made by the P+2 commission. Sincerely, / IFUnd boromtk ALASKA RECEIVED JUL 1 1977 PN 'ris19,100110.11‘2131141510 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION :PECIAL MEETING - June 29, 1977 IV. PUBLIC HEARING 1. VARIANCE 1. Lot 10, Block 1, Townsite Subdivision - Robert King n:'. Lu Mulitalo presented the staff report to the commission. He re- ported lir. King wants to build a 10 -unit apartment on his lot but did not have enough land to do such. He has an understanding with KEA for purchase of land that KEA owns so that he might proceed with his project. Mr. King is requesting a variance because even with the' additional.land that KEA owns he will be short 1,000 square feet of land needed to meet the Code for a project of this nature. Mr. Mulital recommended that the commission grant this variance with the followfhg - - 1)_ _KEA.convey_clear title of land or grant _title_for fulllife of project. 2) Deed of conveyance of title document or documents be given to the Planning Department prior to beginning construction of this project. Regular meeting was closed. Public hearing was opened. Chairman Williams asked if the partitioner cared to speak? Mr. Kinf; answered that he was willing to answer any questions. Chaftman Williams asked for any further questions - *there were none. Audience was asked to comment. The audience expressed concern over having enough square footage to accomodate Mr. King's proposed project and also allowing enough parking area in such a congested area. Public hearing was closed. Regular meeting was opened. r Mr. Ball moved to grant variance of 1,000 souare feet on Lot 10, Block Townsite Subdivision with the recommendation of the staff wit.h regard to KEA conveying property to Mr. King. Mr. Busch seconded the motion. Discussion followed. Mr. Milligan added that there were two things that the administration would like included for public,protection if tt variance is granted: 1) K.I.B. be named a party to any agreement between KEA and Mr. King for protection of the public in the event that the agreement is terminated by either party prior to the demise of this building. Not only would the Borough be aware of it, but also agree to it. 2) Agreement to be reviewed and approved by.,K.I.B. ' KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION SPECIAL MEETING - June 29, 1977 PUBLIC HEARING - Robert King Page 2 Chairman. Williams asked Mr. King: " How many parking spaces, with this additional land that you are getting from KEA. I thought that I'd counted up that many but perhaps I wasn't with you when you were outlining how many you could get. How many total parking spaces would you have?" Mr. King: "Well, with the eleven thats there now, could, easily put - 6 more." • Ball: "Seventeen is the total." ___. r. __'F,�rg-•- --Yes ----------- -------- ---- ------...-- -- ------ --- __- _ Mr. Anderson: "How many total?" • King: "Seventeen." � I Mr. Anderson: "Seventeen." t.lr. King: "Easily." Mr. Logan: "Mr. King, I got one question. How hard would it be for you to redesign your proposal into nine units so that if you get this needed easement from KEA we won't have this problem?" Y . Mr. King: "Well, it wouldn't be any problem, but I feel that I can provide adequate parking for ten units, I don't see why I should." Chairman Williams: "Mr. King, can you provide twenty parking spaces?" Nr. 'King: "Twenty?" Chairman Williams: "Yes. Thats two per unit." ;4r. King: "I think it would be awful close. I • Ball: "Nr. King, we asked you a question." ..r. " I don't know if twenty is possible or not. That would have Mr.:._ "If you are required to put in twenty spaces, would you?" Mr hg: "Yea." :•1r. Anderson: "How or Where?", Mr. King:. "I'd have to 'do a little more muck'n there." KODIAK KODIAK ISLAND BOROUGH PLANNING & ZONING COl•lMISSICN SPECIAL MEETING - June 29, 1977 PUBLIC HEARING - Robert King Page 3 Mr. Anderson: "Did you'intend to use some of the already excavated area, there above the oil tanks? Did you intend to use some of that for parking space?" Mr.' King: "No. Nothing on the KEA property at all." Mr. Anderson: "Ah, just strickly access?" Mr.'King: "Yes, and this area here will be considered for either parking or, and driveways. . . I think 3 or maybe 4 cars in here. If I put the driveway in here, I can move these here. That would __s_till._give__me- three.. or__four.=openings-hese Chairman Williams then stated that the requirement in that particular `aria for -parking is one of coi;s_aeration: The ..hay_r .,...._d .. -then e-er- tain a motion. Mr. Pugh expressed some concern over the possibility of KEA renigging on the agreement. He felt that if the motion were to pass,stioulation should be stated that KEA convey title to land, period. Not grant any easements, that way land would belong to Mr. King, couldn't be taken away. Mr. Pugh was informed that that statement was contained within the motion on the floor. Mr. Ball amended his motion on the floor to include that twe parking spaces per unit be provided in the project. The second was agreeatle. Mr. Ball also stated that if Mr. King wanted to change the project to a nine unit project - 18 parking spaces, he could do so, allowing for two parking spaces per unit. The motion, including amendment, was restated again for clarification. Mr. Logan started to make another amendment to the motion and then withdrew it. Roll call vote was requested. The motion to grant a variance of 1,000 square feet on Lot 10, Block 1, Townsite Subdivision with the recommendation of the staff with regard to KEA conveying property to Mr. King and providing for two parking spaces per unit was passed by unanimous vote of the commission. KCJIA7, PLA blI.1G AHD Z0:!IHG CC LiISSIO;! SPECL4L ?IEETIi!G XOJIAV. ISLAdD BOROUGH I. CALL TO C13E: June 29, 1977 The Planning and Zoning meeting was called tq order by Chairmanams:at 7:30 p.m. in the Borough sleeting Room. • IT ROLL CALL Present Phil Anderson Ron Ball Jap Busch Gene Erwin Top Loran John Pugh Bill Ifilliams =A_querum-vias=established._Approx,imatel-y=27.-peopls _mere _in_the_audience. ___ __ __ IiI. SUiDIVISIOAS 1. Alder.rcod Tor:nhouses, Portion of USS 139(r, Replat Lots 1 L 2, Block .mussed Estates Subdivision (Russell, Steen 3 !latlock). This item had been tabled at the previous meeting of June 15, 1977. Nr..Busch moved that this . iter be removed from the table and brought back onto the floor. ,Motion was seconded. All were in favor. dr. •lilligan made a statf report to the com- missioi reporting that his office had met with the developer and set up an outline of concerns expressed previously by the cocniission. They had developed some 12 conditions which were felt to meet the major concerns. Ir. ,lilligan pointed out that in approving the plat there was a vacation involved reeardino Lots 1, 2 a 3, Block 1, Russell Estates. In addition, there were also changes between the original preliminary that was approved last October and the final plat. The Differences were that the preliminary, was 11.95 acres approximately with 106 unit density and the final plat con- sisted of 11.3 acres and 136 unit density. Mr. Milligan recommended the following 12 conditions of approval: 1. That the Home Owners Association Agreement contain specific provisions covering: a. cornon driveway maintenance within the project b. exterior building maintenance c. maintain outdoor lighting in common areas d. maintain corron area landscaping e. liability insurance on common areas 2. ' Submission of a landscaping plan to be approved by the Planning ycartrient nrior to start of construction along with a, -narrative, description of the landscaping methods. 3. Submission of a site drainage plan to be reviewed and approved by the city engineer. • a. Provide a signature block on the plat for acceptance of dedica- tions, roads, and utilities for operation and maintenance by ;the City of Kodiak. 5. In the event of construction taking place in phases, the site . plan shall reflect each phase. All improvements for•each.phase are to be completed prior to the issuance of Certificate of Occupancy - within said phase. 6. All required landscaping for each phase is to be completed prior to the issuance of Certificate of Occupancy. 7. Receipt of a letter from the State of Alaska, Department of Environmental Conservation and the City of Kodiak approvingt the utility and road construction design plans. 3. Ho units are to be occupied prior to completion of the off-si sewer Connection designed to serve this project. 9. That at least two (2) parking spaces'be provided for each dwelling unit. e:. ' KODIAK PLA:1:W G A:iD ZOilI:1G C0n 1ISSI0i1 SPECIAL OEETEIG • June 29, 1977 Page 2 10. If the developer wishes to occupy any phase of the development prior to completion of anv of the site amenity requir'ements..the Planning and Zoning Commission raay accept a sarety of escrow from the lending institution financing the project that sufficient funds exist to cover the costs of said amenities. 11. That the developer will provide a site of at'least ono acre within the site to be developed as an outdoor recreation area. Completed plans for the recreational area are to be reviewed and anprovad by the Planning afepartment prior to construction of Phase III of the development. Constriction of,the recreational area shall take place prior to t'ie completion, anJ occupancy of Phase III. 12. That the developer coordinate the inspection of all Public roads, sexier and water construction with the City of Kodiak, Department of _ __._ "______.P_ubl is r !orks, and that all .rich construction be approved prior to acceptance by the City for operation and iaintenance:"---- "-' Regular meeting -was -closed -and ,ubl-ic- hearing was-ceened.._ Sponsors ..oaf the project made presentations to the commission further exulaining the reasons for their changes. Chairman Williams asked for audience Consents. Tiny Boyer, Director of Chamber of Commerce, related his observations of previous jobs completed by '!r. Gault stating that he believed :ir. Gault to be a first class contractor and person. Public hearing was closed and regular meeting was opened. Sora discussion followed relating to maintaining Block 9 as a buffer area between the town- houses andathe water reservoir. Or. Busch moved to amend the original r;lderr»ood Townhouse Subdivision to Grant the following additional variances: liniMum lot area of 1.332 square feet; 2) Minimum rear year of 10 feet; and a dinim:m lot width of 15 feet and, to vacate Lots 1,, 2 and 3 of .".lock 1, ;1use11 Estates Subdivision and also that the subdivision be platter on 11.3 acres. more or less with 112 tormao•]se lots and also include tae twelve cnnditions that the Planning staff recoMmendeu. fiotion was seconders. :lotion carried by unu,iroas roll call vote. 2. Village Subdivisions - P.hkiok, Karluk and Old Harbor. ;Ir. 'ulitalo recon - mended in his report that the above villages all be zoned R-1 as aes indicated on the map, not to include the whole area, just tie'portion on the plat. Regular meeting was closed and public hearing opened. Horace Si'.sons of KAiA made himself available for any questions relating to this matter. Public hearing was closed and the regular meeting rearmed. ':r. Lonau moved to accent vacation and reolat of Ahkiok. vacation and repiat of Old Harbor and the plat• of the new subdivision at Karluk and under that, that variances be accepted for lot sizes for the subdivision at Karluk. Jr. Pooh seconded. lotion carried by unanimous roll call vote. ;:r. Logan roved that they accent for re_oiin' from conservation to G-1 the subaivisinns for time villages of .',hkiot• Karluk and Old Harbor as olatted. lir. Pugh seconded tae noticn. •:otion passed with unanimous roll call vote. i IV. PUBLIC HEARIUG 1. Variance - Lot 10, Block 1, Townsite Subdivision, ;ir. Robert King. 11r. Hulitalo presented the staff report to the commission. He reported that !ir. King wanted to build a 10 -unit apartment and had en un a rstandisn with KEA for the purchase of land that would allow him to proceed e:ith his project. Nr. King is requesting a variance because even with the additional land from KEA he will be short approximately 1,^10 square feet of land required to meet the Code for a project of this nature. :ir. :ialitalo recommended that the com- mission grant this variance with the follouine stipulations: 1) KEA convey clear title of land or grant title for full life of project; 2) Deed of con- veyance of title document or documents be given to the Planning Department prior to beginning construction of tile project. Regular meeting was closed and public hearing opened. lir. King ::as available for questions. The audience expressed concern over having enough square footage to accommodate Fir. King's proposed project and also allowing enough parking area in such a congested area. Public hearing was closed'and regular meeting resumed. sir. Gall moved to orant vari- ance of 1,001 square feat on Lot 10, Clock 1, Townsite Subdivision with the KODIAK PLA'!flIi!G A.ID Z0:!IIG CO:xiISSION SPECIAL `1EETIf!G .June 29, 1977 Page 3 recomendatiOn of the staff with record to KEA convevinn property to Mr. King, ;rr. Busch seconded the motion. Mr. Milligan added that there were two things that the administration would like included for public protection if this vari- ance is granted: 1) K.I.C. be named a party to any agreement between KEA and Ir. King for protection of the public in the event that the agreement is term- inated by either party prior to the demise of this building. Not only would the Borough be aware of it, but also agree to it. 2) Agreement to be reviewed and approved by K.I.B. Discussion relating to parking conditions followed. Concern was expressed over the congestion of cars in that area and the need of allowing parking spaces. :!r. Call amende his motion on the floor to include that two grking spaces per unit be ornvide' in the pr(joca. The second was agreeable. notion passed by unanimous vote of the commission to "rant a variance of 1;001 square feet on Lot 1,, :.lock 1, Tor:nsite Subdivision with the reconaandation of the staff with regard to "Et co'veyinc property to Mr. Kinn and providinn for —t%g parkin"=spaces per unit— — -- -- --------------- _OLD -----------=--OLD BUSL:ESS 1. Townhouse Ordinance. .ir. :lilligan stated this ordinance had been discussed at least twice by the commission and he thereby recommended its adoption and that it be forwarded to the Assembly for first reading at their regular July meeting. Any amendments the commission felt were still required could be made before the second reading in August. lr. Anderson moved that the Townhouse Ordinance be accepted. !lotion was seconded. Motion carried with a unanimous roll call vote. VI. REPORTS 1. Chairman's Report - information only. 2. Committee Report - information only. 3. Staff Report - Mr. Milligan reported of a letter from flick :!ullens requesting a permit, through the commission to the Borough Assembly, to construct a road for access from where it presently ends to his property within the Borough right array subject to mentinp minimum Borough road construction standards under super- vision of the Eorou"!i Engineer. !ir. Pugh moved to recommend to the Borough Assembly that they grant .!r. 'maligns authority to construct a road within a public richt away - to be brought un at the Borough Assembly meeting in July. :btion was seconded. loll call vote was unanimous. :-:11c. Milligan also asked for a meeting the following day with the Chairman and/or a committee to possibly go over and make recommendations on the Alderwood Town-' house Resolution so that it could be presented to the Borough Assembly the follouin; night. He also requested their input on the Townhouse Ordinance but it did not require the urgency and -could be discussed the next week. VII. C0 •ISSIO.lEEPS C0;?FEATS Chairman !iilliams stated his appreciation of the staff assistance. He recognized a much better organization and better input, being able to do a lot more in a given amount of time. VIII. AUDIEIICE COiLiEiITS :ir. Peotter pointed out to the commission that most other apartment complexes in the downtown Kodiak area don't have as many parking spaces per unit as !ir. King was asked to supply. Chairman !!illiams stated that the commission's concern was over the congestion in that particular area and primarily in the area of parking. That was one of the greatest obstacles that area has had to any development. Streets were also tog narrow for parking on. :Ir. Ed Jack complimented the P « Z Commissioners on being exceptionally efficient, a job well done. KODIAK PLA:LIII!G A:!0 ZO;IIMG COMISSI0:! .SPECIAL i1EETI:!G June 2:I, 1"77 Page n. IX. ADJOURE1E+IT" " Chairman !tilliams adjourne0 the meeting at 10:00 p.m. i• SUOt1ITTE0: Secretary • APPROVED: ,e. z: Chairm • KODIAK ISLAND BOROUGH KING VARIANCE Mr. King owns Lot 10, Blk 1, of Kodiak Townsite Subdivision. He wants to build ten -unit apartment on this lot. • The lot is approxi- mately 11,179 square feet. To build a ten -unit apartment on this lot jn a R-3 zoning district, the petitioner needs 16,000 square feet. Mr. King gave us a letter dated June29, 1977from-KEA's attornei,—MiT Souter, -stating-that the papers are -in -process -for -the conveyance of title of a piece of property, approximately 3,770 square feet, to Mr. King within the next ten days from KEA. Assuming that Mr. King receives title to this extra piece of property, this will bring his lot area to approximately 15,000 square feet. Mr. King is requesting a lot area variance of approximately 1,000 square feet. The staff recommends the granting of the petitioner's variance request with the following conditions: 1. That KEA convey either a clear title of the land to Mr. King or a title run with the life of the building project. 2. That the deeded conveyance of title document(s) be given to the Planning Department prior to beginning the construction of the project. MILTON M. SOUTER ATTORNEY AT LAW P. 0.505 2398 THE HAR80RVIEW, SUITE 3 5001AN,ALA5KA 99615 TELEPHONE (SON 556-4314 June 29, 1977. Mr, Lutena Mulitalo, Zoning Administrator Kodiak Island Borough P. 0. Box 1246 Kodiak, Alaska 99615 Dear Mr. Mulitalo: RE: Proposed development of Lot 10, Block 1, Kodiak,Townsite,_W,_61,ryeX_26_17B, by Mr. and Mrs. Robert King As the attorney for Kodiak Electric Association, Inc. (KEA), I wish to inform you that KEA and Mr. and Mrs. Robert King have agreed in principle that KEA will either convey parking_aesement toMr. and Mrs. Robert King for use by tenants of Mr. and Mrs. King's proposed' apartment building to be erected on the above -referenced property. The conveyance of title or the grant of the parking easement, whichever ultimately results, will cover the land described on the attached paper entitled "legal description" and marked Exhibit A. The described land contains 3770 square feet more or less.' In addition to the conveyance or easement grant covering such land, KEA also has agreed in principle to grant Mr. and Mrs. King an access easement approximately 24 feet in width extending along the southwesterly boundary line of Lots 10 and 11, Block 1, Kodiak Townsite, U. S. Survey 2537B. This access ,easement will be for Mr. and Mrs. King's tenants to use as a means of ingress and egress from Marine Way to Lot 10, Block 1, Kodiak Townsite, U. S. Survey 2537B. Within the next 10 days I expect that Mr. and Mrs. King will be able to obtain a more definitive legal description and plat for the areas to be conveyed or subjected to the described easements. As soon as I have received the finalized legal description and plat from the surveyor, I will prepare the necessary formal legal documents to effect the conveyance of the title and/or easements in question. Thereafter, I anticipate that both KEA and Mr. and Mrs. King will execute these legal documents, following which they will be recorded and your office notified of the same. To enable you better to understand the legal description set forth on Exhibit A, I am enclosing a somewhat informal plat, which I have labeled Exhibit B. The areas of in- tended title conveyance or easement grant, whichever results, are marked in bold lines, and I believe that you will find them to be self explanatory. Sincerely yours, MMS/miv Enclosures . Souter A‘A;;Ar„ REC51 * JUN 2 9 1971 AM 1"1819irfilia,i,2,3144516 /4..,.,:;.54......7,e,,•4:-.4a.,..../'.9.,„.5.1.?1•••;/;../..e 1d441 • • e ,44/4. /a. Af<' LLear,/ ern • al • .21.1_7 4, .....5741. . 0.1/.• We D 7/11/S--170•11=:if ... - • - - ' •" • , • /hence 7i7e• rd//d1e,/f/ i/gc. - - • 5 I • (-4).. sgg'. 10,43 71/k /rid's/ e5 5:2°.1,71e1 20. ea. A-e.e' a .94' a real'e.4 law =a: • + „Jo //I ,/Aea.r er,), Lc/ /Di. • • •••••:•••• : • A/ 441028.-4 _4:2.fis iee?!.:J : eafi4"°../.(1.47' gr /eel? „ 7e c 3,1° dei "11).. 54. del /eel../0 • We•' ..roa/in! eanierik ;*,1/- a/ 0'7 al" ii:kst:>/t Zni; •: • ._ . • e 4le 74,,e•RI/4ay ea -e -a- 4,4 s4/1 11,7A I-- I ; • , „ , it/" . . (2) 41 11° .1.3'4f h 7.c /eel A',://./.," • , • • /.." • /.• • .%•'• "'V V-% • 4.19:Y5ra • • ' • • \.••1• • f••• I f. 1, / I e f •. ea.41,4/iriv * - .5: t.,•-• ee;:. •?/047:e. +?' XS.... ••• • ; • .;:.: •:- • ' • • ,..: , • -• • CA3 i_ !....:*•:. 1 1 i •::::.•::-- .•..*:'..-'.....' ..., 1 I. - - .4....,44...c : r•V•7:- ,,-,, (-----... iiiii. -- :. \r'' 4 (‘ e.•1 . 1 ; G.1 '••• : ....:y /). ) : i , 1 KODIAK ISLAND BOROUGH MEMORANDUM TO: P & Z Commission FROM: Planning Department SUBJECT: Variance request (Robert King) I. REQUEST A. The petitioner is -requesting -a variance to permit construction of a 10 unit apartment complex on a lot area of approximately 11,179 sq.ft. II. SITE A. The petitioner's property is Lot 10, Block 1 of Kodiak Townsite Sub- division. B. The lot is approximately 11,179 sq. ft. and is located on the east side of the KEA facility, between Marine Way and,Mission Road. C. The Iot is surrounded on the east by R-2 zoning properties; south side by business zoning properties and the west side by R-3 and business zoning properties and the north side by Mission Road. D. The above lot fronts Mission Road, but the most likely access to the lot will be from K E A's property. III. HISTORY The petitioner has been the owner of record since 1964. The lot has been vacant since 1964. ' IV. STAFF ANALYSIS A. Zoning ordinance section 17.66.100 requires that a public hearing be held upon each properly submitted application. Such hearing shall be held not less than ten (10) days nor later than thirty (30) days. VARIANCE REQUEST (Robert King) PAGE 2 $ following the date of filing of such application, and the applicant .shall be notified of the date of such hearing. B. Section 17.66.090 (B) states, "The application shall contain a state- 'ment and adequate evidence showing the following conditions, all four (4) of which must exist before a variance may be granted: . 1. That these 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; 2 That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships; 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, health, safety, or welfare; 4. That the granting of the variance will not be contrary to the objectives of the Comprehensive Plan." C. The petitioner is not denied any development rights enjoyed by neighboring property owners. D. The petitioner's request of a variance is strictly economics and nothing more. Therefore, the petitioner fails to show justification for a variance as set forth in section 17.6.6.090 (B) of the Kodiak Island Borough Zoning Ordinance. E.. The petitioner's lot size of 11,179 sq. ft. calls for a maximum of five (5) dwelling units with a square footage per dwelling unit of 2,000. VARIANCE RE UEST ROB ERT KING) PAGE 3 F. The petitioner has given us additional information which increases the total development area from 11,179 sq. ft. to 14,949 sq. ft. The petitioner has informed us that he is acquiring a deeded ease- ment from KEA in the amount of 3,770 sq, ft. as part of his develop- ment package. G. To build a ten (10) unit apartment, the total square feet required is 16,000. V. RECOMMENDATION A. We recommend that a public hearing be held on the petitioner's request for a variance to construct 10 units on Lot 10, Block 1 of Kodiak Townsite Subdivision. B. The petitioner presented a deed easement document to the P & Z Commission before the public hearing in July 20, 1977, for the 3,770 square feet given to him by KEA C 72.."1.n CP/ Tf - G/z 9`7 7, A' KODIAK ISLAND BOROUGH P. Q. Box 1246 Kodiak, Alaska 99615 From the Planning 6. Zoning Cornmission DJte: June 17, 1977 IS TO NOTIFY YOU THAT A PU3t.11C hEARING iilLL BE HELD, REQUESTED BY ROBERT KING : SAID REQUEST A/Ail . . AS -SPECIFICALLY DEFINED REQUEST: VARIANCE LOT (5) 10 BLOCK 1 ADDITION TOWNSITE AT)DN. SURVEY# YOU ARE BEING NOTIFIED BECAUSE YOU ARE EITHER THE PROPERTY OWNER OF THE AUOVE REFEREHCED LOTS, OR A PROPERTY OWNER LIVING WITHIN 300 FEET OF THE ABOVE '...IENTIONED LOT (S). YOU i'JAY VOICE YOUR OPINION AT THE TME OF -THE Punic HEARING, OR A '.7RITTEN OPINION THAT CAN BE READ INTO THE :JINUTES OF THE PUHLIC HEARING, IF YOU CANNOT ATTEND. • VERY TRULY YOURS, KODIAK ISLAND BOROUGH PUBLIC HEARING TO E.E HELD IN THE :::EETING aouvi OF THE KODIAK IsLANI) :-JOROUGII OFFICE BUILDING. pAY: WEDNESDAY —t, TIME: 7:00 PM DATE: JUNE 29. 1977 - - 13, 1977-. Mr. Robert King . P.O. Box 1434 Kodiak, Alaska 99615 Dear Bob: Your easement request involving KEA property as part of the planned development for Lot 10, Block I, Kodiak Townsite, was acted upon at the regular meeting of the Board of Directors in April. Enclosed .is an excerpt of the minutes pertaining to this matter. To my knowledge, the attorney has not drawn the easement as of this date, but I intend to pursue the matter with Mr. Souter this week. LW/lap Enclosure: Excerpt from Minutes of a Regular Meeting of the Board of Directors Held at the KEA Office on April 27, 1977 Johnson said that Mr. King's request for easement has been previously disc, and that Mr. King had been invited today.to discuss his proposed development and requested easement with the Directors. Mr. King showed his development plans fo a 12 -unit apartment house relating to his request for easement on KEA property. hasparking capacity on Mission Road for six (6) and by using KEA property, it would allow for two (2) to three (3)- additional; the lower levei-easement would - allow him access to his property for six (6) additional parking spaces. Mr. Kin said his architect looked at the Ideation and -would design to insulate fro= the noise of the plant. Mr. Johnson said KEA had previously approved an easemen: on the access road to Gerald Gugel for residential use. Mr. Ring said he would be responsible for costs of improving access road. Xr. Johnson said we should get the advise of our attorney if we can lease any property under our REA loan provisions. Mr. Floyd moved to grant Mr. King the easement as requested, with Mr. King bearing the cost of Improving the road and bearing the cost of legal documents, after it has been referred to the attorney. The motion carried after a second by Mr. Sundberg." May 20, 1977 'KIB Pl`anhing` F, Zoning=Gammsssion Lutena Mulitalo KIB Zoning Official P. 0. Box 1246 Kodiak, Alaska 99615 Dear Members:. This letter is to request a variance on the plans sub- mitted with the architects letter for a variance to allow ten (10). units to be built on Lot 10, Block 1, Kodiak Town Site. Contractor - Kodiak Investments Property Owner - Robert King a4� //, /77 /945./1 ,�.,:.k L�lund hannu,p. , 10944K, 4:P.Sp s 414- VI Ca -2%e— /96? C.F 1V r i iiAY 2 0 1977 7181905.ra 14431405,5 // /} f- /(i _ 2 P+.e mss• �1'es��, T a,.� 059 cK ' 4q— R 3 . t©g,407, a� , / - /L%7l.eo%iv, 9j t/�seh RC 4 -rote.., f § 29.33.090 MUNICIPAL GOVEINHENT § 29.33.090 may modify the plan, provided that it first obtains the recommen- dations of the planning commission. The planning commission shall undertake an overall review of the plan at least once every two years and shall present recommendations based on the review to the assembly. (§ 2 ch 118 SLA 1972) Sec. 29.33.090. Zoning. (a) In accordance with the comprehen- sive plan, the assembly shall regulate.'ind restrict the use of land and improvements by districts. Regulations shall be uniform for each class or kind of building, structure, land or water area within each:district, but the regulations may differ among districts and exceptions may be made in order to provide for the preservation, maintenance and protection of historic sites, buildings and monu- ments (b) Zoning regulations adopted under (a) of this section may include, but are not limited to, restriction of _ (1) land use; (2) (3) (4) (5) (6) (7) (c) (1) (2) (3) (4) (5) (6) sewer, 1972) building location and use; the height and size of structures; the number of stories in buildings; the percentage of lot which may be covered; the size of open spaces; population density and distribution. Zoning regulations are designed to provide for orderly development; lessen street congestion; promote fire safety and public order; protect the public health and general welfare; prevent overcrowding; stimulate systematic development of transportation, water, school, park and other public facilities. (§ 2 ch 118 SLA The term "land" as used in this Zoning regulations as applied to seetion comprehends vacant land. City schools, colleges, universities, etc., 36 of Anchorage v. Faulk, 14 AIaska 392, ALR2d 653. 113 F. Supp. 698 (D. Alas. 1953). Validity of zoning regulation pro - Am. Jur., ALR and CJS. refer. hibiting residential use of industrial ences.-37 Am. Jur., Municipal Cor- district, 38 ALR2d 1141. poratians, § 46 et seq.; 58 Am. Jur., Spot zoning to permit neighbor - Zoning, § 1 et seq. hood shopping centers, 51 ALR2d Constitutionality of zoning based 298. on size of commercial or industrial Zoning regulations as to business enterprises or units, 7 ALR2d 1007. of selling motor vehicles, 57 ALR2d Exclusion from municipality of in- 1295. dustrial activity that is inconsistent Applicability of zoning regulations with residential character, 9 ALR2d to governmental projects or activi- 683. ties, 61 ALR2d 970. Zoning regulations applicable to 62 C.J.S. Municipal Corporations § tourist or trailer camps, motor courts 224. or motels, 22 ALR2d 793. . 57 3 § 29.33.110 ALASKA STATUTES § 29.33.130 Sec. 29.33.110. Board of adjustment. (a) The assembly is the board of adjustment for areas outside cities. The city council is the board of adjustment for the area within the city boundaries but may delegate by resolution or ordinance part or all of its functions to the borough, subject to § 70(b) (1) of this chapter, in addition to making delegations as provided for an assembly under § 245 of this chapter. Meetings of the borough board are held at the call - -=-of-the--presiding-officer and -of the city -board -by the mayor. -The pre- siding officer or mayor may administer oaths and compel sten- _ dance of witnesses. Meetings and hearings of. the board shall -be open to the public and the board shall keep minutes of its proceed- ings as a public record. (b) The board of adjustment shall hear and decide (1) appeals regarding alleged errors in enforcement of zoning ordinances and building codes; (2) appeals from the decisions of the planning commission on requests for conditional uses; (3) appeals from the decisions of the planning commission on requests for variances from the terms of the zoning ordinance which are not contrary to the public interest, when a literal en- forcement would deprive a property owner of rights commonly enjoyed by other properties in the same district. (c) 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. (§ 2 ch 118 SLA 1972) Sec. 29.33.120. Adjustment procedure. An interested party, in- cluding but not limited to a borough or city official, may file with the board of adjustment an appeal specifying his objections. Copies are filed with the administrative officer involved and with the bor- ough clerk within the time required by the zoning ordinance. The officer shall provide the board with all pertinent records, including his written decision. An appeal to the board stays enforcement proceedings unless the board, -or a court issues an enforcement or- der based on a certificate of imminent peril to life or property made by the enforcement officer. (§ 2 ch 118 SLA 1972) Sec. 29.33.130. Judicial review. (a) The assembly shall provide by ordinance for appeals from the board of adjustment to the su- perior court. (b) A municipal officer, a taxpayer, or a person, jointly or sev- erally everally aggrieved, may appeal an action of the board to the superior court by filing with the borough clerk within the time fixed by ordinance, a notice of appeal specifying grounds. When the notice 58 410111 410111, KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION SPECIAL MEETING - June 29, 1977 IV. PUBLIC HEARING - Summary and Verbatim 1. VARIANCE 1. Lot 10, Block 1, Townsite Subdivision •- Robert King Mr. Lu Mulitalo presented the staff report to the commission. He re- ported Mr. King wants to build a 10 -unit apartment On his lot but did not have enough land to do such. He has an understanding with KEA for purchase of land that KEA owns so that he might;. proceed with his project. Mr. King is requesting a variance because even with the additional land that KEA owns he will be short 1,000 square feet of land needed to meet the Code for a project of this "nature. Mr. Mulitalo recommended that the commission grant this variance, with the following stipulations: 1) KEA convey clear title of land or g -rant title for full life of project. 2) Deed of conveyance of title document ord4uments be given' to the Planning Department prior to beginning construction of this project. Regular meeting was closed. Public hearing was opened. i Chairman Williams asked if the partitioner cared to; speak? . Mr. King answered that he was willing to answer any'questiops. chairman Williams asked for any further questions - there were tione. Audience was asked to comment. The audience expressed concern over having enough square footage to accomodate Mr. Kings proposed project and also allowing enough parking area in such a congested area. Public hearing was closed. Regular meeting was opened. ;i Mr. Ball moved to grant variance of 1,000 square,feet on Lot 10, Block 1, Townsite Subdivision with the recommendation of the staff with regard to KEA conveying property to Mr. King. Mr. Busch seconded the motion. Discussion followed. Mr. Milligan added that therei;were two things that the administration would like included for public protection if this variance is granted: 1) K.I.B. be named a party to any agreement between KEA and Mr. King for protection of the public in the e+ent that the agreement is terminated by either party prior to the demise of this building. Not only would the Bdrough be aware of it, but also agree to it. 2 Agreement to be reviewed and approved by K'I.B KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION SPECIAL MEETING - June 29, 1977 PUBLIC HEARING - Robert King Page 2 Chairman Williams asked Mr. King: " How many parkirig spaces, with this additional land that you are getting from KEA. 13 thought that I'd counted up that many but perhaps I wasn't with you when you were outlining how many you could get. How many total parking spaces would you have? Mr. King: "Well, with the eleven thats there now, could easily put in 6 more." Mr. Ball: "Seventeen is the total." Mr. King: "Yes." Mr. Anderson: "How many total?" Mr. King: "Seventeen." Mr. Anderson: "Seventeen." Mr. King: "Easily." Mr. Logan: "Mr. King, I got one question. How hard would it be for you to redesign your proposal into nine units so that if you get'this needed easement from KEA we won't have this problem?" Mr. King: "Well, it wouldn't be any problem, but ILfeel thdttI can provide adequate parking for ten units, I don't seewhy I should." Chairman Williams: ."Mr. King, can you provide twenty parking spaces?" Mr. King: "Twenty?" . Chairman Williams: "Yes. Thats two per unit." vT Mr. Ball: "Mr. King, we asked you a question." Mr. King: " I don't know if twenty is possible or riot. That would have to be. . TT Mr. King: "I think it would be awful close. I Mr. Ball: "If you are required to put in twenty spaces, Mr. King: "Yea." Mr. Anderson: "How or where?" Mr. King: "I'd have to do a little more muck'n there would you?" KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION SPEICLA MEETING - June 29, 1977 PUBLIC HEARING - Robert King Page 3 1 Mr. Anderson: "Did you intend to use some of the already excavated area, there above the oil tanks? Did you intend touse some of that for parking space? Mr. King: "No. Nothing on the KEA property at all Mr. Anderson: "Ah, just strickly acces?" If Mr. King: "Yes, and this area here will be considered for either parking or, and driveways. . . .Ithink 3 or maybe 4.cars in here. If I put the driveway in here, I can move these here. That would still give me three or four openings here for . . ." Chairman Williams then stated that the requirement in that particular area for parking is one of consideration. The chalk would then enter- tain a motion. Mr. Pugh expressed some concern over the possibility of KEA renigging on the agreement. He felt that if the motion were to pass, stipulation should be stated that KEA convey title to land, period. Not grant any easements, that way land would belong to Mr. King, couldn't be taken away. Mr. Pugh was informed that that statement was contained within the motion on the floor. . Mr. Ball amended his motion on the floor to include:that two parking spaces per unit be provided in the project. The 'second was agreeable. Mr. Ball also stated that if Mr. King wanted to change the project to a nine unit project.- 18 parking spaces, he could do so, allowing for 1 two parking spaces per unit. The motion, including amendment, was restated again,for clarification. Mr. Logan started to make another amendment to the motion and then withdrew it Roll call vote was requested. 1 The motion togrant a variance of 1,000 square feet on Lot 10, Block 1, Townsite Subdivision with the recommendation of the:staff with regard to KEA conveying property to Mr. King and providing for :two parking spaces per unit was passed by unanimous vote of the:commission. 41. KODIAK ISLAND BOROUGH KING VARIANCE Mr. King owns Lot 10, Blk 1, of Kodiak Townsite Subdivision: He wants to build ten -unit apartment on this lot. The lotjis approxi- mately 11,179 square feet. To build a ten -unit apartmenton this lot in a R-3 zoning district, the petitioner needs 16,000 square feet. Mr. King gave us a letter dated.June 29, 1977 from KEA's attorney, Mr. Souter, stating that the papers are in process for the conveyancOyi title of a piece of property, approximately 3,770 square feet, to Mr. King within the next ten days from KEA. Assuming that Mr. King receives title to this extra piece of property, .this will bring his lot area to approximately 15,000 square feet. Mr. King is requesting a lot area variance of approximately1,000 square feet. The staff recommends the granting of the petitioner's variance request with the following conditions: 1. That KEA convey either a clear title of the land to Mr. King or a title run with the life of the building project. 2. That the deeded conveyance of title document(s) be given'tothe Planning Department prior to beginning the construction of the project. KODIAK ISLAND BOROUGH MEMORANDUM 'TO: P & Z Commission FROM: Planning Department SUBJECT: Variance request (Robert King) REQUEST A. The petitioner is requesting a variance to permit construction of a 10 unit apartment complex on a lot area of approximately 11,179 sq.ft. II. SITE 1 A. The petitioner's property is Lot 10, Block 1 of Kodiak Townsite Sub- division. B. The lot is approximately 11,179 sq. ft. and is located on the east side of the KEA facility, between Marine Way and Mission Road. C. The lot is surrounded on the east;by R-2 zoning prOperties; south side by business zoning properties and the west side by IR -3 and business zoning properties and the north side by Mission Road. D. The above-slot:fronts Mission Road, but •the most likely access to the lot will be from K E A's property. III. HISTORY The petitioner has been the owner of record since 1964. The lot has been vacant since 1964. IV. STAFF ANALYSIS 1 A. Zoning ordinance section 17.66.100 requires that a public hearing be held upon each properly submitted application. Such hearing shall be held not less than.ten (10) days nor later than thirty (30) days. VARIANCE REQUEST rt King) ,PAGE 2 following the date of filing of such application, and the applicant shall be notified of the date of such hearing. B. Section 17.66.090 (B) states, "The application shall contain a state- ment and adequate evidence showing the following conditions, all four (4) of which must exist before a variance may be granted: 1. That these 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; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardships; 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, health, safety, or welfare; 4. That the granting of the variance will not be contrary to the objectives of the Comprehensive Plan." C. The petitioner is not denied any development rights enjoyed by neighboring property owners. D. The petitioner's request of a variance is strictlyeconomics and nothing more. Therefore, the petitioner fails to show justification for a variance as set forth in section 17.66.090 (B) of the Kodiak Island Borough Zoning Ordinance. E. The petitioner's lot size of 11,179 sq. ft. calls for a maximum of five (5) dwelling units with a square footage per dwelling unit of 2,000. VARIANCE REQUESTE-RI�KING) ( ROB . PAGE 3 F. The petitioner has given us additional information. which increases the total development area from 11,179 sq.. ft. .to 14,949 sq. ft. The petitioner has informed us that he is acquiring a deeded ease- ment from KEA in the amount of 3,770. sq. ft. as part of his develop- ment package. G. To build a ten (10) unit apartment, the total square feet required is 16,000. V. RECOMMENDATION A. We recommend that a public hearing be held on the petitioner's request for a variance to construct 10 units on Lot 10, Block 1 of Kodiak Townsite Subdivision. The petitioner presented a deed easement document to the P & Z Commission before the -public hearing in July 20, 1977, for the 3,770 square feet given to him by KEA . C/ V`7 z Ex lb s!r A- /9.34 i ' r., . k/4/7,1/ eftf ..C' !/4r~ 41W / /.t,?ea/ /Ve./-//, . "d.f. t , /C14(2 -I,:: et./. ''% J " !!'"/"10..,5-/ .57 71.474 it 11 it / "el /f Z/G.�� 41"5' /U $2' d e,.„,SS/an- 7144 4,17d 4-y 3` 1 a/e `71 I' r n t • .1 . 'j �R , .; • -/C-44/ 4. 4/, K!/VG L07/ /J/ 45.47;i %GW4'S/%r' • ro wA) : 11/.76r 4//D/75- Nim L24 Car Poe. r,ij / I Aj %34e/t-f%t:. r I Z�!v✓�tiC1"c \M1- L. ••ti +w,Y.rtC��!J.: •.: C. �L'l;�:va -r ..r.L-:`ns �,.' i..p�..w •.:.�s..:--' f N. N. N f /,�f \ p 3-2 5-4 //,i71. •r7 J rr, rVE"Lt/-, --_, •�• i • 36 377a �, June 13, 1977 Mr. Robert King P.O. Box 1434 Kodiak, Alaska 99615 Dear Bob: Your easement request involving KEA property aspart of the planned development for Lot 10, Block I, Kodiak Townsite, was acted upon at the regular meeting of the Board of Directors in April. Enclosed is an excerpt of the minutes pertaining to this matter. To my knowledge, the attorney has not drawn the easement as of this date, but I intend to pursue the matter with Mr, Souter this week. Sincerely, are J Manager LHJ/lap Enclosure: Excerpt from Minutes of a Regular Meeting of the Board of Directors Held at the KEA Office on April 27, 1977 "Mr. Johnson said that Mr. King's request for easement has been previously discussed and that Mr. King had been invited today to discuss his proposed development and requested easement with the Directors. Mr. King showed his development plans for a 12 -unit apartment house relating to his request for easement on KEA property. He has parking capacity on Mission Road for six (6) and by using KEA property, it would allow for two (2) to three (3) additional; -the lowern level easement would allow him access to his property for six (6) additional parking spaces. Mr. King said his architect looked at the location and would design,to insulate from the noise of the plant. Mr. Johnson said KEA had previously approved an easement on the access road to Gerald Gugel for residential use. Mr. King said he would be responsible for costs of improving access road. Mr. Johnson said we should get the advise of our attorney if we can lease any property under our REA loan provisions. Mr. Floyd moved to grant Mr. King the easement as requested, with Mr. King bearing the cost of improving the road and bearing the cost of legal documents, after it has been referred to the attorney. The motion carried after a second by -Mr. Sundberg." May 20, 1977 KIB Planning & Zoning Commission Lutena Mulitalo KIB Zoning Official P. 0. Box 1246 Kodiak, Alaska 99615 Dear Members: This letter is to request a variance on the plans sub- mitted with the architects letter for a variance to allow ten (10) units to be built on Lot 10, Block 1, Kodiak Town Site. Contractor - :Kodiak Investments Property Owner - Robert King By lyde Haas c24 2' /4 / c-67 ,;ciatti' island BorougL KODIAK; ALASKA /902CHVED MAY 2 0 1977 ANI 718§9"111026742;341brii /9'15. + ;°redec;-/a.. 7— ey-t.,, inop 24059W XgA 3 ! /q Z ef KODIAK ISLAND BOROUGH P. 0. Lox 1246 Kodiak, Alaska 99615 From the Planning & Zoning Commission 1te: June 17, 1977 THIS IS TO NOTIFY YOU THAT A PUBLICHEARIN REQUESTED BY JILL BE FIELD, ROBERT RING : SAID REQUEST A/AN AS SPECIFICALLY DEFINED BELMV: REQUEST: VARIANCE LOT (S) 10 _ BLOCK 1 ADDIT SURVEY# ION TOWNSITE ADDN. YOU ARE BENG NOTIFIED BECAUSE YOU ARE EITEk THE PROPERTY OWNER OF THE ABOVE REFERENCED LOTS, OR A PRO,PERTY OWNER LIVING WITHIN 300 FEET OF THE ABOVE MENTIONED LOT (S). YOU ;',1AY VOICE YOUR OPINION AT THE Tli:LE OF THE PUBLIC HEARL,IG, OR A WRITTEN OPINION THAT CAN BE READ INTO THE PUBLIC HEARING, IF YOU CANNOT ATTEND. PUBLIC HEARING TO BE HELD IINUTES OF THE VERY TRULY YOURS, KODIAK ISLAND BOROUGH IN THE :.EETING ROOM OF THE KODIAK ISLAND BOROUGH OFFICE BUILDING. DATE: JUNE 29, 19177 DAY: WEDNESDAY TIIVIE: 7:00 PM i2 0 0 O 9 41 i=1 LI— BAY 1 O _9- q 04 4 0,4 1 z -1 BOAT 4 rn 1 tLLO :: :0: v an 1110144 4 4 4 - 1 -4- -4 -1 4 1 1 1 4 4 4 4 1 1 4 1 4 1 1 .1 ILOTl a 1 4 4 4 1 1 1 1 1 4 4 1 4 4 4 1 4 1 4 1 1 1 1 1 1 1 4 4 1 4 1 4 1 1 4 1 4.11 birin ARCH • • • • • • • • • 0 • • • • • • • • 0 • rEAM • -• • • • li • • t. 8 A 4 4 4 4 1 4 1 1 4 4 4. 4 4.-i -1- i 1 4 4 4 1 1 ► 1 1 4 44 4 4 4 4 1 L 4 1. 1 4 1 1 4 1 1 1 1 4 4 4 j �1 4 1 -JJ X'11 QT 44 55 8 44 4 (J�y,ti►Vrr1YL1/•44 4 4 4.1 4 4 4 1 1 i i 1 1► 4. 4 1 4 1 4 4 ANOFF R 0 AO KODIAK 5 B.al mon \TAGUR(1 ,Rp• 1 1 4 4 1 1 1 4 4 4 1 1 1 4 1 4 1 1 1 4 1 1 1_ 1= y "--".1 4 4 4 4 4 4 4 1 1 1-1 1 4 1 4 4 1 4 '4 4 # 1 4 4 4 4 4 1 1 4 1 4 4 1LRTT/44.'4 44 4 44 4 4G ��11J 1 1 1 1 4 1 4 4 4-4 1 1 4 1 4 4 1 DRIVE 1 A aA 11100011011110 EMI Emma 1 4 1 1 1 4 4 1 1M4-1-= 4=1=1 4 4 ILID a 4 1 _4 -4-4 4--4-+ 4 1 4 1: 4 4 IIII 1�' Bowl 111'''1 mos. 4 4 4 4 4 4 4 4 4 1 4 1 1 4 4 4 4 4 4 4 4 1 4 4LV4 34 44 4 4 .1 1 4 4 4 4 1 4 1 4 4 4'4 4 4 4 4. 1 1 1 4 1 4 4 4 1(0 9 ERIE U1hiI10 111191 DEMO o����� I elll�lll • r n1C A D USS 444 Tr A ®�Tr. USS 25378 1SLAND ■iUSS 199�5, N 21 QPJ lifgAit :4041,4tirow- ti 1 i i 4 1 1 1 1 .4 4 1 1 1 4 4 1 1 . 4 1 1 1 4 4 1 1 4 4 4 1 8 RE; Meal 1111~1 1 Rift ar • ME4ST KO01AK ISLAND BORO'LQGH P. 0., Box 1246 Kodiak, Alaska 99615 From the Pia ng & Zoning Commission ar�,te:�ane 17, 7.,0, 7 , TI-ilS 1S TO NOTIFY YOU -THAT A PUBLIC a•iEARING :ALL BE HELD, UESTEO 3Y ROBERT K : SAID REQUEST A/find AS SPECIFICALLY DEFINED bELO W: LOT (S) SURVEY,r ADOITIO TOWNS ITL = sDDN . YOU •ARE E3EING NOTIFIED BECAUSE YOU ARE EITHER THE PROPERTY O'}INER OF THE AUOVE REFER C LOTS, OR A PROPERTY O'' i',IE R LIVING IIVITH1N '00 FEET OF THE ABOVE !ti,NTlO;-4ED LOT (S) . YOU ;'�1AY VOICE YOUR OPINION. AT THE TI:.?E OF THE PUL LIC HEARHG, OR A '`VR1TTEi11 OP1N1O:4 THAT, CAN UE READ INTO T: -E .th1UTES OF THE PU13LIC .HEARING, IF YOU CANNOT ATTEND. VERY T4 KODIAK 1 PUBLIC HEARING TO BE HELD) IN THE;;EETIZsIG DAY: TIME: OF THE' I DATE: IIA ;11.Y YOURS, SLAND BOROUGH LAND S)ROUGI. 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