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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 — — ft ZAN.OF DNIVt „--- LoT • VIII F:LL -7— --..., • . i: • ::."1, .., 4 .. ,1•1 ' ...I .1' I.• 1:p" VI ' • iTh . i OgrATINo e ATCP. MAIN LOT4c; LOT 4.5 • LOT 44 .. • • 17 LT4 • :•• _D, c:,2.4r:re couc. P!Lth \fiINJ ! VI/ LI. e9. W >V1k,/e1, 56.2. -1 +.^- --- DRECrIAN - IAZJI HOUSING PROJOCT PROERTY MAP LOT 40, OLOCA 2, LOTS4L 42, 42,44, 45, 5LOCK LL 64155ev 522; Lin IT BLOM', Craw 0.4,1410 P.K10.2 S•S•SS HOLLAND A. JONES CONSULTINO ENGINEERS Ns NoNot meal "'He 9 r". 1 OF ... .. , . ,r.;.,'.r,,,2,. :0,i ....!!,, .7 -Th f . I, ??1,,,,,rearl cle,,Ier,,,.•44, 47o As. er? ', .e.1':!Teft s.. .4( • ,pac.e-r.. r..."-. cv !deed .;/..r.-..'.1- I e !,!_l (V.i'747"4,•?,,.) 7... .., 4."7,,.;-". 4,...,507 .-.7. 4, . " .'.r;-..Z.P.,',..1k.., ..,:ze:-.;,..;/;. 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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