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KODIAK TWNST BK 14 PTN LT 23 - VarianceCASE CHECK LIST . DATE RECEIVED /0 3 0 MEETING DATE APPLICATION 3 CD LETTER FROM APPLICANT IF NEEDED PUBLIC HEARING NOTICES SENT .O27 LETTER TO APPLICANT(TELLING OF PUBLIC HEARING DATE) PLAT IF REQUIRED PLOT PLAN IF REQUIRED DENIED APPROVED LETTER TO APPLICANT TELL WHETHER DENIED OR APPROVED. TO BOROUGH ASSEMBLY (IF REQUIRED) ACTION TAKEN BY P & Z COMMISSION ' ACTION TAKEN BY THE BOROUGH ASSEMBLY RESOLUTION NO. (P & Z) RESOLUTION NO. (BORQUGH ASSEMBLY) ORDINANCE NO. (BOROUGH ASSEMBLY) /- KOD K SLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 October 23, 1980 Mr. Christopher Myrick Box 1323 Kodiak, Alaska 99615 RE: _Variance on 1pt 23 (part of), block 14, KPd4k Townsite Alaska Subdivison. Dear Mr. Myrick, The Planning and Zoning Commission considered your,request for a variance on the above referenced property during their regular meeting held on October 22, 1980. The Commission approved your request to permit the construction of a garage on lot 23 (part of), block 14, Kodiak Townsite'Alaska Subdivision and tha-La written agreement -he provided stating that under no circumstances will construction occur on the 4' access strip of lot 24, block 14, Kodiak Townsite Alaska Subdivision located behind the proposed garage other than stairs. , The Borough Code of Ordinances states in section 17.66.170 that any variance is good for six months unless construction has been started. If you have any questions regarding this matter, please contact the Planning department at 486-5736. Sincerely, FO.,11LAtt..141.yytg.,AD Joanne M. Jones Planning Secretary KODIAK ISLAND BOROUGH Box 1246 Kodiak, Alaska 99615 CORRECTED Z-80-041 FIRST CLASS MAIL v1 rel NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from CHRISTOPHER MYRICK requesting a variance from Section 17.45.010 (D) of the Borough Code (yard requirements) to construct a garage on Lot 23 (part of), Block 14, Kodiak Townsite Alaska Subdivision. (This Notice has been corrected to reflect the correct Section number only) The Kodiak Island Borough Planning and Zoning Commission will holda Public Hearing on this matter at 7:30 p.m., Wednesday, October 22, 1980 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak.; You are being notified because you are either the property owner of the above -referenced lots, or an owner of pkoperty within 300 feet of the above -referenced property. This will be the only Public Hearing before the Planning and Zoning Commission.on-this petition, arid you are invited -to appear -and -voice your opinion. If you cannot -attend; -you may --- submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name ,?*/}7V". ?* 7 Prd Address 7 /Y ,77.0111,124/ AL2 Legal Description Comments _2eJ L ,.v �2 f �t c Circ ) O 9 city /'_c_i- K TOWN US SURVE` 7rG Y4�4 Petitioned Area • 0 ti • 1a; ..,..�cf • SMALL HAArBOR (1 o Qom`. J. . o a �o_ .. :-....(•,:o 41 • a• D *a •a , !o: ;:; • 4 4'' 4 N i; — R .40 a • . 'p �, a o •r- a • 1 4444 4 t4 4 4 4 Petitioned Area TR1/E�' G1 0 0 :3 S /8,37 • M1, 4 4 4 4 4 4 4.4 4 4 4 i 4 4 4 4 ir444 4 4. ;KtNr.- b`• 4 4 _4 44, 4!4 4_ 4 4�op 4 X4.4 44.1 KODIAK ISLAND BOROL Box 1246 Kodiak, Alaska 0615 ,fig 192021\ 404 • OCT 1980 t RFCBVED \L„ -80-041 VI A-1 FIRST CLASS MAIL NOTICE OE__PUBLIC_ HEARING_ • The Kodiak Island Borough Planning and Zoning Commi.7sion has received a petition from CHRISTOPHER MYRICK requesting a variance from Section 17.18.040 (A) and (B) of the Borough Code (front yard and side yard requirements) to construct a garage on Lot 23 (part of), Block 14, Kodiak Townsite Alaska Subdivision. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, October 22, 1980 in the Borough Assembly Chambers, '700 Upper Mill Bay Road, Kodiak You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 300 feet of the above -referenced property. This will be the only Public -Hearing before thePlanning aria Zoning -Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you .may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name /,/,/7,91/2l1 Legal Description Comments , Address KODIAK ISLAND BOROQ Box 1246 Kodiak, Alaska 99615 ;--80=041 &mita Bfisrou -' FIRST CLASS MAIL =pa, AIWA .. REt lvED UU l 101980 4101 NOTICE OF PUBLIC HEAPU G The Kodiak Island Borough Planning and Zoning Commission has received a petition from CHRISTOPHER MYRICK requesting a 'variance from Section 17.18.040 (A) and (B) of the Borough Code (front yard and side yard requirements) to construct a garage on dot 23 (part of), Block 14, Kodiak Townsite Alaska Subdivision. The Kodiak Island Borough Planning and Zoning Commission will hold'a Public Hearing on this matter at 7:30 p.m., Wednesday, October 22, 1980 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 300 feet of the above -referenced property. This will be —the only Public-Hea-ring before -the -Planning and --Zoning Commission -On -this -petition.,_ and you are invited to appear and voice your opinion. If you canniot attend, you may submit a written opinion that can be read into -the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. • Further information is available from the Planning Department,;telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address 4,gX /J1 A 3/2/ /�'l��f / Legal Description' 4.!,',/;%:3 Comments /j ?S/D�% ,4fM / /��S i'i 2'74f A g' rp /5 ��� /l4�'G/�� K 7-0 wwsi 7 - Petitioned U I, Area v 6sy 7/- G ... • SMALL/ HART -Op 1 ilkit acifewel .4 Mel , MiSirW 4.-----:--t r ---f__? A n • .0 4A1 . • ...... ....... r . Nct • • I. 4 : .J42:1 t43 GC ... ..... .... . .... .. ... .............. ..... .. • • ........ .. 1104 • ... .... .. • • • :;11011 ERsKIN .... 4 4 4 4io 4 KODIAK ISLAND BOROUGH • Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 MEMORANUUM DATE: October 1-4, 1980 TO: Planning and Zoning C.mmission FROM:- . Planning Departme SUBJ: Information Report RE: 1-80-041.. A request for a variance from Section 17.45.010 . (D) (yard requirements) to construct a garage'on Lot 2.3 (part of), Block 14, Kodiak Townsite Alaska Subdivision. (Christopher Myrick) Mr. Christopher Myrick is making application for a variance regarding rear yard requirements (Section 17.45.010 (D)) in order to construct a garage (accessory building) measuring. 20''X 24'. This building isto be a detached building,of.approximately 12' in height. Mr.' Myrick originally contacted the, Building Official in the sprfng.of this year :and it was sug- gested to him at that time that he 'find out how far -back in the_hill the, building could realistftally be.placed in :consideration of.the-rock formation in the.hillside. Allowing for a-101 side yard, he found that -hit building could go 24' into the hillside. This -area has already been excavated. The applicant indicates that'he has already invested $2,200A0'in excavation expenses. The property in qUestion consists of 8,304 square feet of lot area and is zoned R-2. The front'of the lot,is facing. High Street which is -a platted road,although At has not -been constructed.in'front of this lot.' There is an existing access rbad that runs along side the referenced portion of Lot 23, Block 14, Kodiak Townsite Alaska Subdivision. The .proposed garage will face and utilitize the access road. Mr. Myrick's home is located in the northeast corner.of the lot, accessed by stairs goingdownhill to the access road. -The access road is a very narrow road with space only for private parking at each respective lot along side the road. The parking space,available is very. 'limited. The lot in .question is on a steep hillside, a. large portion of which consists of solid rock and theref6re limits construc-- tion. , Section 1.7.45.010 (D') allows for a detached 'accessory building to .occupy a rear yard providing it does not oacupy.more.than one-third of the total area of the yard, and provided such building is 'not within five feet of the side lot line. The proposed garage will. allow for a 10' side yard but. the Code does not seem to address a.requiredrear-yard allowance in this instance. According to Bryce:Gordon, BuildingOfflcial, Mr. Harry Milligan, former Planning Director,'interpreted-the fivefoot side yard requirement to apply KODIAK ISLANDBOROUGH October 14, 1980 Z-80-041 Page 2 to -the rear yard also. - Should that bethe interpretation,:the.proposed garage would be.encroaching approximately 3' into the required. 5' rear - yard requirement, thus allowing only 2' for the rear yard.) Directly behind this referenced lot exists a 4' access strip to Lot 24, Block 14, Kodiak Townsite Alaska Subdivision. That access strip currently' contains a staircase to provide access to the upper lot. The staircase is in the process of being removed and access, to Lot 24 will be provided off of High Street. Since Mr. Myrick's proposed garage is only 2' from the rear lot line the Uniform Building Code requires one-hour fire protection construction of any building under 3' from the property line. The applicant indicates that he is ready to start construction once the variance is granted. Staff feels the applicant has metall four criteria necessary for applying for a variance (Section 17.66.090), 7 KODIAK ISLAND BOROUlc__, Box 1246 Kodiak, Alaska 99615 CORRECTED Z-80-041 FIRST CLASS MAIL NOTICE OF PUBLIC HEARING • The Kodiak Island Borough Planning and Zoning Commission has received a petition from CHRISTOPHER MYRICK requesting a variance from Section 17.45.010 (0) of the Borough Code (yard requirements) to construct a garage on Lot 23 (part of), Block 14,1Kodiak TownsiteAlaska Subdivision. (This Notice has been corrected to reflect the correct Section number only) The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, October 22, 1980 in the Borough Assembly Chambers, 700 Upper Mill Bay Read, Kodiak.: You are being notified because you are either the property'owner of the above -referenced lots, or an owner of property within 300 feet of the above -referenced property. This will be the only Public Hearing before the Planning and Zoning Commission.on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH • Department of Planning and Community Development Name Address Legal Description Comments 4 K rOW•NSIrE- Petitioned SURVE-Y Ci Area • 0 0 ":10411041W. • /6'37- • 9VIA.: i: " • : .1 • 'I •-••-:.'4 ..114 ..... • ' ' 4 SMALL I-JAR-8OP • u SSIO,N4 V1 • a., 4 b 4 4 4 44 4-4- #4441411-4.4144 A : 4 4 4 4 • aK T OW Ns/ r Petit1ened Us' St/RI/6 Area J 0 0 toppwr 411141 cr 000004.0004 01110 A040410.00:10 104 P041400,01: Atof S X87 • SMALL BOAT H4R ?j 1 4.. 4 ER 4E 44 4 AVE 4 4 4 4 4 4 4 4 ,1r.4 d4.4 2 1 3 VON o 2.47z gt-o Ckrvl.qA �e r�to..�cl C._ 1_01 02 -- - -- ----- // 13Vo1 ©z3�— 5�r1nw` �SCV')t ai - a� all) X<PS �C 01 02 R!3VO/rfbZ33— S4-d%14-K,gun 43w1<1b 3 � I�.zlJQazt.:. -a�d� :_eo - �-X 2��7 / o /c/o ao� �- — I'n ,ete.r / r -r c x t Z_3 4-0 F. a 2 . _ R/3i/e) a -w . _ _ Co -‘5, ._ , e z-0 _4( 9- (14. ,ebx //I Lcc f R_13_#015 -o - 0J> ouA fit M , .-176p � r� )G a 13401q Q ?. _ ky _j c•Itil _n- JJ & ' 63- x1 249`2___ - - /St ,73510/5100_._._ cau, 1��=P,�xn�� Box...2s-ca_(_ %3',1©`13 00r/- - lL — .l�i�teK •�(%�tniA) •,&K &3/. /3.— P2a.Ka._, 7-.e4/1, ! u.QCal-rrOhw %3Mx (6,&Z R13Vt30o2,0 3w„1 'P. 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BOX 438 USCG KODIAK 1 AK ''.)9616 SKAW.DONALO P.O. 130X 842 KODIAK 1. 1 340150010 AK 99015 1040070050 GUTTCHEN.PETER K 6'.5, R EL P.O. BOX 379 KODIAK KOTULA.S.WAYNt_ P.O. Box 962 KODIAK 1 1 0400 7004)0 0 Nr !CY AK U 9 6 15 10+0070070 R I CKARD. SHERMAN `O. f.:'sAWN J P.O. BOX 981 KODIAK Av. 9W:15 fa 5L966 e)tSeLV `)I !-Po)I L6£L X08 '0'd 1pLpo)i Jo X110 00000 `r.,r .000000001 Pi • nV3Nnr Z 1-D f O d 31V1S`VY..SV1N S 1460 >1V >'V l 0O>i c.gt` xoe 'O'd V I D1 d1Vd .i 0A01-1'NONNVD s= ,,;'::00000'Z i d Sl966 4V >tV 100>1 X08'0'd NO 11 VdOdd0) iv ' V113t; 00000 IL • S 1 966 NV NV I CON U*8 XOG 'O'd AWNS 3 N'O5d313d NViV?NV 1S2'HJ I d'NVn1 J31SPV til000001; 16 -91966 )4V :mai?1 / IZI000001d NV 0000f710t()1d dV100)4 LLE X08 'O'd �t+C'9' 1tiOO1 I )(V 100) 9 X00 "0' d 'r i,NOHINV'z-tjPd t �ifi,t ti NV I OON 3 950 XOO 'O'd VdVS 3 dl-111Hd'>IVM)CF4D I0800L00:0I6 41 P134014J2J5 MYRICK.CHR/Sr(..)PHER P.O. BOX 1323 KODIAK AK 9')(.)1') R1340I40220 COSTELLO.RICHARD f, CECILE P.O. BOX 114 KODIAK AK 99615 HARDER,OLE & MARY P.O. BOX 1706 KODIAK R1340140210 AK 99515 R1340140202 RYSER.RICHARD & ALICE L. P.O. aox 1492 KODIAK AK 99615 MAYBERRY.LEROY P.O. BOX 2768 KODIAK R1340140190 JAMES AK 99615 • 40) .fts • 41) tICK ',IAN, RONALD P(,G< 95 K AK , R1340140247, AK 99615 JOHNSON. LEON P.C. 90X 41,3 KOD I AK RI34014023 .G..THELMA AK '99615 - - ALA3KA. BUREAU t R1340-140-23: STATE OF OF LAND ,MANAGEMENTt: 00000 ' DEVEAU P.O,. BO KODIAK R134-0140-234 BUILDING CO. X 2487, AK :99615 • R1340140150 MOORE.DALE & PATRICIA 4611 CARAVELLE DR ANCHORAGE AK 99503 R1340130011 AUSTERMAN,ALAN & VIRGINIA P.O. BOX 2353 KODIAK AK 99615 R1340130012:' AUSTERMAN.IREN.ALAN&'VIRG. %KARL ARMSTRONG P.O. BOX 631 KODIAK AK 99615 KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION APPLICATION FOR VARIANCE APPLICANT Christopher Myrick ADDRESS Box 1323, Kodiak PHONE NUMBER 486-4933 LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT23 part of BLOCK 14 SUBDIVISION V _• • - z sfq-og/ 60 Aft/yip DO NOT WRITE,.�i CE cP 0 DATE RECEIVED / p 0 (p ) RECEIPT NO. 25Z) O CASE NO. APPROVED -0V/ HEARING DATE/6/02 a/SO DISPOSITION° DENIED" PRESENT/FUTURE USE OF PROPERTYnow residentialCONDITIONS (SEE MINUTES) want to build 2 car garage with space for gear storage - A SITE (PLOT) PLAN IS REQUIRED-. THIS IS A REQUEST FOR A VARIANCE FROM SECTION rib- 010 () OF THE ZONING ORDINANCE. DATE OF APPEAL HEARING DATE APPROVED DENIED CONDITIONS LETTER SENT PERMIT ISSUED (SEE MINUTES) A. THE EXISTING SITUATION IS: The lot is on a steep hillside. The 'only feasable spot for construction is the SE corner, however there is solid rock limiting the distance the garage may be placed from the road and the adjoining lot. B. GRANTING OF THIS PETITION WOULD PERMIT- corisfru'cti`on.' of "a building providing sorely needed off-street parking and nen-existent indoor gear ' storage: Gilk'AGE u)(Ll.. fl kS 4 Z.o` xztI' C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ,ACCORDANCE WITH THE PLANS WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE.gx On the advice of your office the area was excavated to find out\ just how far back the garage could he places-Brechan had to come up with expensive. rock -chipping equipment„ Bill to nate° 2",200-nfi7oney for entire construction."is in NBA, Kodiak - I am a carpenter and have the time now to build. The application shall contain a. statement and adequate evidence showing the following conditions, all four of. which must -,exist -before a variance may be granted: The undersigned alleges: 1. That .there 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. These special conditions are:.Extreme hillside and solid rock conditions ruling but construction anywhere on th',lot except the. SE=:corner. 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship: Nowhere else to build.! Other buildings in the neighborhood are closer to the road and/or lot 'lines than pro— vided for in the Title..Off—street parking is problem here. Gear storage.` 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 in that: The adjacent property is a four foot 'access strip now unused. A. new road makes it unlikely to be used. Getting cars. trucksi. and gear off the narrow congested street will be safer and`neater. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan for the following reasons:`` Aki ig OtruiAL ,�,� ri )4A - A c 1,A NOTE: If this variance is granted, it will not permit a use prohibited in the use - district in which the above described premises is located.. 1 Applicant further alleges that: (Use back of sheet for additional information.) Signature of Authorized Agent Address Signature of and Owner Box 1323, Kodiak, Ak. 99615 Address over) My Neighbor, Ole Johnson, advises me to place the garage as close to the street as possible. His garage has been severely damaged by cars attempting to turn arounci in front of his garage and crashing into it. _ • , to 0 ed426' 5, 9 0 / iris/ 1':4/ray .i492- 2"mrc--313 3 24/9 1 S ark /d/2 2, 839 O \ trl .58J2 ¢ 7c7-07me f/O6,sE TOTAL Ci (/ V 7,B• 6 39.33 1 •/ 2Z.a> 29 p- Zzs <.Po.71wa71 ?p/GATE 7 r �..� pa el 7 -J