KODIAK TWNST BK 1 LT 12B - VarianceKODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION
NOVEMBER 21, 1973
CALL TO ORDER
The meeting was called to order by Mr. John Welch, Chairman,
at 7:35 p.m. in the courtroom of the State Office Building.
11 ROLL CALL
PRErItENT ABSENT
Mr. Jchn Weleh, Cheirman
Mr. Tom Terry
Mr. Jerry EeIt
Mrs. W.Ida Gollis
Mr. Paul Stover (Late arrival)
Mr. John Burnham,
Mr. Gene Erwin
Also preserit were, Roy Ecklund, Rolland. Jones
Mrs. Libby Presnall, Mr. Mike Shockley, and C
Borough Chairman., and also Mr. Dick Sims
III MINUTES FROM PREVIOUS MEETING
Ray Hickman,
Ross Wood,
A. P&Z - Regular - October 17, 1973 - Mrs. Gellis moved
for approval. Seconded by Mr. Holt. Motion passed by
unanimous roll call vote.
IV MINUTES FROM OTHER MEETINGS
A. Assembly - Regular - November 1, 1973 - There were no
comments on the referenced minutes.
V COMMUNICATIONS & CORRESPONDENCE
Letter from Rolland Jones requesting a variance for
Brechan/Tani Housing Project, Lot 40, Blk 2, and Lots 41-45
Blk 1, F.rskine Subdivision - Case 301-A - It was explained
that this area was located above the Kodiak M9rtuary along
Rezanof Drive. This project consists of a total of forty-
four units. Mr. Terry believed that we could not give them
a variance. Mrs. Holt, Borough Clerk, stated that it could
be nossible to grant a rear yard requirement variance, but
the lot area unit variance could not be granted. She further
stated that she believed the area should have 2400 square
feet per unit dwelling. Mr. Jones stated that if Brechan/
Iani could not have the 1600 sq. ft., that he felt was required
they would probably change their project to an apartment
type complex. Mrs. Gellis felt that there would be a traffic
problem. The units will average about 5-8 feet apart.
Mr. Holt moved that we approve request #1 and deny request
02. Seconded by Mr. Terry. Motion paesed by unanimous roll
call vote. Mr. Jones requested that we ask the attorney for
interpretation of lot size requirements and meaning of
multiple dwelling,
B. Letter from Richard Sims RE: Rezoning request for Lo 25,
U.S.S. 3098 from Unclassified to R-1. CorrespOndence
from Mr. Sims was read to the commission by Mrs. Holt.
Mr. Sims stated that the water line will be onlan eight inch
main, which will hook up from the backside of the lot. He
also explained that the City will run the line to the back of
the lot and he will take care of the expense of running the
line and connecting to the proposed subdivided lots. It
was noted that Lot 26, U.S.S. 3098, is zoned R71. Mr. Sims
read the letter from the City Manager concerning the sewer
and water hock -up. Mrs. Holt noted that this would change
Lot 26 ana if the P&Z Committee approve this subdivision;
Shockey/uf.z171Ao wo.ald have to bring another final plat back to
tha P&Z Commisoion with the changes which would involve the
read right -of -w. Such change would allow for clearance of
the
LOTS 40, 41,
U. S. SURVEY
SURVEY, U. S
DESCRIBED AS
LEGAL DESCRIPTION
42, 43, 44, 45, BLOCK 2, ERSKINE SUBDIVISION
562, AND LOT 12, BLOCK 1, KODIAK TOWNSITE
. SURVEY 2537-B,
FOLLOWS:
BEGINNING AT CORNER 1, U. S. SURVEY 562,
THENCE N 89° 56' W, 302.53 FEET ALONG THE SOUTHERLY
BOUNDARY OF U. S. SURVEY 562 TO A POINT ON THE
NORTHWESTERLY R.O.W. OF ERSKINE AVENUE.
THENCE S 17° 12' 00" W, 169.05 FEET ALONG SAIDR.O.W.;
THENCE N 35° 41' 49" W, 177.39 FEET;
THENCE N 31° 30' 00" E, 20.64 FEET TO A POINT ON
THE SOUTHERLY BOUNDARY OF U. S. SURVEY 562; I
THENCE S 89° 56' 00" E, 81.02 FEET ALONG SAID
BOUNDARY; THENCE NORTH 70.01 FEET ALONG A LINE, COMMON
TO LOTS 39, 40, BLOCK 2, ERSKINE SUBDIVISION! TO THE
SOUTHERLY R.O.W. OF RESANOF DRIVE;
THENCE THE FOLLOWING COURSES ALONG SAID R.O.W.:
S 89° 56' 00" E, 82.62 FEET;
SOUTH, 20.00 FEET;
S 89° 56' Et 25.00 FEET TO A POINT ON
A CURVE OR TANGENT AT SAID POINT BEARS
N 88° 08' 38" E; THENCE ON A TANGENT
CURVE TO THE LEFT THRU A CENTRAL ANGLE
12° 07' 48" HAVING A RADIUS OF 1226.00
ARC LENGTH 259.55 FEET; TO A POINT OF
TANGENCY, TANGENT AT SAID POINT BEARS
N 76° 00' 50" E,; THENCE SOUTH 86.01 FEET,
ALONG THE EASTERLY BOUNDARY OF U. S. SURVEY 562, TO THE
POINT OF BEGINNING. 1
1
CONTAINS: 36,510 SQUARE FEET MORE OR LESS 1
1
OF
FEET,
I '
I
HOYT M. COLE
ROBERT L. HARTIG
JAMES D. RHODES
JOHN K. NORMAN
ROBERT J. MAHONEY
KEITH A. GOLTZ
JOHN G. GISSBERG
•
COLE, HARTIG, RHODES 84 NORMAN
A PROFESSIONAL. CORPORATION
ATTORNEYS AT LAW
SUITE 201
717 K STREET
ANCHORAGE, ALASKA 99501
(907) 274-3576
Mrs. Norma L. Holt
Borough Clerk
Kodiak Island Borough
P.O. Box 1246
Kodiak, Alaska, 99615
Dear Norma:
December 7, 1973
OF COUNSEL:
J. MAX HARDING
300 NSEA BUILDING
14TH & J STREETS
LINCOLN, NEBRASKA
68501
Re: Brechan -=Iani Housing Project
Our File 101-13
This is in response to your request of November 26th,
1973, for an opinion concerning the lot area requirements
of chapter five, subchapter two, section 5C of, the Kodiak
Island Code of Ordinances as those requirements relate to
the above -referenced housing project.
The contemplated housing project consists of eieven four-plex
units and one single family dwelling to be located on Lot 40,
Block Two, Lots 41, 42, 43, 44, and 45 of Block One, U.S.
Survey 562 and Lot 12, Block Three of the Kodiak Townsite.
The exact area contained in the project site is not clear
because the consulting engineer estimates that:the area
contains approximately 45,000 square feet and the,records of
the Kodiak Island Borough, which are maintained for tax purposes,
reflect a total area of approximately 35,000 square feet within
the project.
The ordinance in question provides in pertinent part, as follows:
Lot Area.
1. The minimum lot area shall be 7,200square
feet and the minimum lot width shall be
60 feet.
2. The minimum lot area for dwellings shall be:
(a) For a one -family dwelling 7,200;
feet per dwelling unit.
square
Mrs. Norma Holt
-2- December q, 1973
(c) For a multiple family dwelling with three
or four dwelling units 2,400 square feet
for dwelling unit.
• • •
(e) For a multiple family dwelling with eight
or more dwelling units 1,600 square feet
per dwelling unit.
It is my opinion that the lot area requirements applicable
to each four-plex are those specified in C 2 (c) ,above. That
opinion is based on the definitions contained in section 9
of the ordinance. In those definitions, "dwelling, multiple -
family" is defined as "any building containing three or
more dwelling units." The term "building" is defined to mean
"any structure built for the support, shelter or :enclosure
of persons, animals, chattels or property of any ,kind,"
and "dwelling unit," is defined as
1
one or more rooms and a single kitchen
in a dwelling designed as a unit for
occupancy by not more than one farrp_ly
for living or sleeping purposes, and
in which not more than two persons
are lodged for hire.
It appears, from a review of the property map lof :the Brechan
- Iani Housing Project submitted for my review, that the
project consists of twelve individual "buildings" rather
than a single building. We are not, therefore, dealing
with a multiple -family dwelling with eight or imore dwelling
units; rather, we are dealing for the most pat with
individual buildings containing a total of four dwelling
units each. 1
While I do not purport to possess any qualifications as
an architect or engineer, it appears from the map that the
two units located on Lots 43 and 44 as well as two of the
units located on Lot 12 are in fact connected and might
be considered by the Planning Commission as a single building.
In that event, the lower lot area requirement might be
applied to those two buildings.
Mrs. Norma Holt
-3- , December 7, 1973
Regarding. the request for an opinion as to whether the
Planning Commission can grant a variance relatingto lot
size, it is my opinion that the Planning CommissiOn;possesses
that authority. under theterms and conditions setforth in
section 21 of subchapter 2. Variance from the st@ict appli-
cation of the regulations may be granted: -
in the case of an exceptionally irregular
narrow, shallow or sloping lot, or other
exceptional physical condition where stict
application would result in practical J
difficulty or unnecessary hardship that!
would deprive the property concerned !
of rights possessed by other propertiesl in
the same district, but in no other case.
Prior to granting the variance, the Planning Commission
must determine that all of the four conditions set
forth in C 1(b) of section 21 are satisfied. When
applying those conditions, the commission must bel guided
by the provisions of AS 29.33.110(c) which provides in
part that
A variance shall not be granted because
of special conditions caused by actions;
of the person seeking the relief or for
reasons of pecuniary_hardship or in-
convenience.
While your written communication requested opinions only
as to the minimum lot requirements per dwelling unit and
the availability of variance procedures, our subsequent
telephone conversations have brought to light several other
problems that should be considered by the Planning
Commission when reviewing this application. Initially,
the lot area requirement of section 5 C 1, quoted above,
is also applicable to the project. That requirement establishes
a minimum lot area of 7,200 square feet and a minimum lot
width of 60 feet. Subsection D 5 of section 10 requires
every building to be located on a lot. While that provision
permits a building to be located on more than one, lot, it
does not permit several buildings to be located or partially
located on a single lot.
Mrs. Norma Holt -4- December 7, 1973
Similarly, the plan appears to conflict with the provisions
of subsection F of section 10 which prohibits a detached
dwelling or other main building from being located within
twenty feet of any other detached dwelling or main building
on these same building sites. While the term rdetached
dwelling" is not defined in the ordinance, my esearch in
Anderson, Vol. Two, American Law of Zoning (1968)11indicates
that a dwelling or main building would be detaliche0 unless
the buildings or dwellings have a common wall or Walls joining
them together. Thus, this requirement would be applicable
even though the buildings might be attached by fences, privacy
walls or some other device. Since this project will not
qualify as a group housing development under the provisions
of section 11 Al8 for the reason that it does notcontain
the requisite 75,000 square feet, variances would be required
for each of the assets discussed above that are in violation
of the zoning requirements.
Please advise if I can_be of further assistance
matter.
Very truly yours
in this
COLE, HARTIG, RHODES & NORMAN
By: Robert JV Mahoney
RJM/qh
Rolland A. Janes
P. 0. Box 375
Kodiak; Alaska
RE: Brechan/Iani Housing Proj
November 27
Dear Mr. Jones:
Enclosed is .a copy .of the _Planning 4 Zoning
Comm'xssion minutes of November 21.; 1. 973, granting
a_ setback .variance .for '.the.: bakyard requcirement
Planning & Zoning denied the request for
variance on the lot size .and an opinion has-=been
request from the Borough Attorney regarding the
interpretation of multiple ' dwelling lot size.
As soon as this reply has been received
will notify you.
we
i
Very truly yours,
GIO
Norma L:. Ho'l.t
Borough 'Clerk
NLH/dt
Enclosure
Mr. Robert J.' Mahoney - -
COLE HARTIG RHODES' &.-NORMAN
Attorneys At. Law
717 "K" Street
Anchorage,.Ak., 99501
Dear Robert:
Please review the enclosed letter-inwhich a
developer is requesting, a variance' f or the lot size
.for a multiple dwelling development. The engineer
feels that a,dwelling complex -means the same as
a -multiple dwelling and would require . only . 1-, 600. sq. -
foot per dwelling_unit:rather than the ?400 -.for. -three- or four family dwelling. Is this,..the-correct interpretation
-and.can P&Z, grant a variance to the lot size?!
I think that R. A. Jones has a -copy .of'
development, if you -do not have ' a., copy please
and I will send one over.
Sincerely,
Norma`L. Holt.
'Borough Clerk
proposed
letlet me known
Mr.. Robert J. Mahoney
COLE, HARTIG, RHODES &
Attorneys - At_ Law
717."K" Street
Anchorage, Ak., 99501
Dear Robert:
Please
the applicable
--Sub-chapter 4,
• Advise whether
'quired.. '
NORMAN
review:the attached: subdivision map, and`
section of. the Borough'Code,'Chapter 5, -
section 8., Minimum Improvements, Required.
or= not access is being provided as.. re-
The.-eggneer.:dn drawing• up. the subdivision felt
that the . back. .two lots have access provided - on the ` dedicated
road- right-oriway.... This road is a. platted road within the .
larger subdivision- but is not in . use nor can 'it Vie. used
-without:'consider-able work. The'Commis.sion-interprets the
- code. to mean .that access niust .be provided -=physically .-by°.
`the subdivider, to all lots -Prior to the 'sale;of the -lots.
-'Should you l have . any - questions, please do not
• hesitate =to contact this officer -
•
Norma, L. Holt
Clerk/Treasurer
ENGINEERS •
P. 0. Box 375
Kodiak Island Borough
Planning & Zoning Commission
P. 0. Box 1246
Kodiak, Alaska 99615
SURVEYORS
PLANNERS
Kodiak, Alaska (907) 486-3198
19 703
November 7,
RE: Brechan - Iani Housing Project
Lot 40, Block 2, Lots 41, 42, 43, 44
and 45, Block 1, Kodiak Townsite
Gentlemen:
Transmitted is the preliminary site plan proposed for
the development of the referenced project.
It is requested that a review and comments onIthis
development be made on the following requested
variances:
1. Rear Yard Requirements.
Due to the Alaska Department of Highways
taking from the lots abutting Rezanc4,
is requested that the xeLaryard requirreMents
be reduced to a minimum of two (2) feet4
This will permit the location of thelbuiddings
so that access and parking can be provided
as shown on the attached plan. I '1
2. Lot Area Unit Requirements.
S • e el
Because of the above noted. Highway takirig and the
location of the project in an R-3 'Zone
adjacent to a Business Zone, it is requested that
a variance be granted to reduce the lotared
requirements to that required in the [BuSiness
Zone. Present day costs will also affe*t'the
overall economics of this project if !the area per
unit cannot be.reduced. -'
.0i( S it e SOTOUgb
Kor*W. ALASKA
RECUVED
NOV 7 1973
!
401 mt
t 0‘10844 1,,2,814Abse
A
Roll d A. Jones, P.E.
LIM •IRsataMeWm...
PARCEL
NO,
NAME
Owner or Enfryman
DESCRIPTION
and/or AR EA
TAKE
AREA
REMAINING
AREA ,
INST of
TA K I NG
BOOK
-PAGE
550±
SQ. FT
Kodak 11
Portion of Lot 29
Block 3
550±
_5Q. Fr
5,4982
5Q. FT
Warranty
Deed
Kodiak
John W Frances
Al len Patterson
John A. e Opal Wal ler
550±
SQ. FT:
1,121..t
SQ. FT
666 .t
.54).Fr
2,400
SQ. FT
2,400±
5Q. FT
5,499 -t
Sq. FT
4,056
5Q. FT
4,452
59 FT
4,000
SQ. Fr
4,000
54). FT
2-23-a
4-23-62
Warrant
Deed
Warran
Deed
Kodiak
Kodiak
Warranty
Deed
Kodiak
Sep. FT
4,034
5Q.,7
Kodiak
Portion of Alaska Game
Reserve. 11. 5.Survey
No. -2260, .45/!/05. o5g
5 Pol-hon of Lots 117.
Block 30
/6, 300
SQ. FT
4000±•
.5Q. FT
64 260±
.5Q. Fr
Right of Way
Easement
leodiak
LOT
a)
LcT 38
11 • S. SUFVLr562
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DR.ECHAN a. IAN1 HOUSING PROJECT
PROERTY. VA
LOT 40, 15LOGK 2, LOTS 44, 42, 43, 44, 45, 15LOGK 1,
U, ‘7,4.21"V5:4) 562; LST12., i5LOGK 3, Kvr AK TawN' rr
Designed:
Drawn: Cr. SPRENci
Checked:
Date: 3 - 9 • 7')
ROLLAND A. JONES
CONSULTING ENGINEER
Box 375 Kodiak Alaska
Scale: Lv,
F. B.:
Ng
4,
Sheet:
1 OF