KODIAK TWNST BK 8 LT 7 - Appealn
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
CASE FILE CHECK LIST
Case File No. Assigned $4-11(0
Date Application Received
Type of Application B\di,%,.:rtlt�enia('
Date Site Plan Received
Date Fee Paid — Amount —
Receipt Number
Use Z for Zoning, Variances
and Exceptions
CUP for Conditional Use Permit
LL for Land Leases
V for Violations
0 for all Other cases
Person Accepting Appl.
Name of Applicant
Mailing Address
)a(\tn 1, SNt2
`a o l 151
Nance of Legal Owner
Mailing Address
Phone
Legal description
Square Footage or
Phone
of Property: Lot(s) 1
Block
Subdivision
Acreage of Property is
}(odiaE Tots.)nsikG
10125c1 %. Ft .
P & Z Public Hearing Date
Public Notices Mailed on
Applicant Notified of P & Z Action on
qua ISu
How Many?
ah(oIBLI
Action Summary
P & Z
Assembly
Ordinance No.
Date Date
Approved Denied
Date
Tabled
Date Date
1st Reading 2nd Reading_
Ordinance Effective Date
� adciinistrntiu{ decis!aF{;rmeol - relief yEZ
,
The motion was seconded and C1. D by unanimous roll call vote.
VIII NEW BUSINESS
There was no New Business.
IX COMMUNICATIONS
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS A, B & D
listed below. The motion was seconded and CARRIED by unanimous voice
vote.
A) CASE 85-013. Letter to the applicant regarding compliance with
the conditions of approval of an exception which authorized
construction of a temporary structure to aid in top -soil
screening on Tract C-1, USS 1682. (Michael Anderson)
B) Letter to the Shelikof Lodge regarding off-street parking for the
lodge and the lease of Lot 18, Sublot 7, Thorsheim Subdivision
for use by a different business.
D) Letter from State of Alaska, Department of Natural Resources
regarding proposed FY87 Land Disposal Projects.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ITEM C'listed
below. The motion was seconded and CARRIED by unanimous voice vote.
C) CASE 84-116.' Review of conditions of approval of appeal relief,
---- which -authorized construction of a residence on Lot 7, Block 8,
Kodiak Townsite. (Wilton White)
X REPORTS
A) Status Report from the Community Development Department.
B) Findings of Fact for CASE 85-054. Request for a variance from
Section 17.34.030 (area requirements) of the Borough Code to
permit zero -lot line or "townhouse" dwelling units to locate on 2
lots (Lots 4A and 51, Block 2, Alderwood, Case 5-85-030) that
exceed the maximum depth -to -width ratio of three -to -one in a
R3 --Multifamily Residential District. Lots 1 through 27, Block
2, Alderwood Subdivision (preliminary approval as lots 11 through
8A, Block 2, Alderwood Subdivision, Case S-85-030).
COMMISSIONER JAMES MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT:
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
generally do not apply to other properties in the same land
use district.
The unique physical characteristics applicable to this
property are the terrain and slope of the lots, strict
conformance with the lot depth -to -width ratio requirement
would result in the elimination of lake frontage and the
problems associated with subdividing the property given the
original lot configuration.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies this
area for medium -density residential development.
3. That the granting of the variance will not permit a
prohibited land use in the district involved.
Zero -lot -line residential land uses are permitted in this
district.
The motion was seconded and CARRIED by unanimous voice vote.
P & Z Regular Meeting -17- September 18, 1985
Wilton White
Box 254
Kodiak, AK 99615
Dear Mr. White:
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486.5736
September 12, 1985
Re: CASE 84-116.. Appeal of administrative decision. Building permit denial
for Lot 7, Block 8, Kodiak Townsite.
Enclosed please find copies of the materials reviewed by the Planning and
Zoning Commission at their regularly scheduled packet review session held last
evening.
If you have any questions or comments, please contact the Community Develop-
ment Department.
Sincerely,
Patricia Miley, Sebretary
Community Development Department
pb
Enclosures
Kodiak Island Borough
MEMORANDUM
ITEM IX -C
DATE: August 29, 1985
TO:. Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: CASE 84-116. Appeal of administrative decision. Building permit
denial for Lot 7, Block 8, Kodiak Townsite
On September 19, 1984, the Commission affirmed an administrative decision to
deny a building permit for the above -referenced property. In addition, the
Commission made a decision to grant relief from the administrative decision by
allowing issuance of the building permit subject to two conditions, as
follows:
1. That a certificate of occupancy for the new residential dwelling not be
issued until the existing dwelling is removed from the lot; and
2. That in any case, the existing dwelling must be removed from the lot no
later than one year from the date the building permit is issued.
On August 16, 1985, staff inspected the site and found that the new residence
has been completed and that the old residence has been removed. Also, a
Certificate of Occupancy was issued by the City of Kodiak on May 16, 1985 for
a new single-family residence on the lot.
Based on the above information, staff has determined that the two conditions
set by the Commission for this case have been satisfied.
pb
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(rill,/ of KoDIAK
Lirpartmrtit jif lBuithing Ithuipprtintt
This Certificate issued pursuant to the requirements of Section 306 of the Um omit Building
Code certifying that at the tune of issuance this structure was in compliance with the varsous
. ,
ordinances of the City regulating building construction or use. For the following:
Group R-3 Type C.onstruction. V -N
Owner of Building _ Wiltori _White .
_Address ____KOdigit
Buikling Address_ _2_21 Pay Roacl_.._ • Locality Kodiak
r
uiiding Oilicid
• ,• , .. , ...... .„ .... .... 1,..,•, .... ...... ..... , ....
FORM 40+1.1
September 26 1984
Mr. Wilton White
P. 0. Box 254
Kodiak, AK 99615
Kodiak Island Borough
P.O. BOX 1246
KODIAK, ALASKA 99615-1246
PHONE (907) 406-5736
Re: Appeal of Administrative Decision
Building Permit Denial for Lot 7, Block 8, Kodiak Townsite
Dear Mr. White:
The purpose of this letter is to inform you of the decision of the Kodiak
Island Borough Planning and Zoning Commission on your appeal of an adminis-
trative decision to deny you a building permit for Lot 7, Block 8, Kodiak
Townsite, Alaska, Subdivision.
The Kodiak Island Borough Planning and Zoning Commission conducted an ad-
vertised public hearing at their regular meeting of September 19, 1984, on
your appeal. At this meeting the Commission affirmed the administrative
decision to deny your building permit. In addition, the Commission also
made a decision to grant relief from the administrative decision, by allow-
ing your building permit to be issued with two conditions:
1. That a certificate of occupancy for the new residential
dwelling not be issued until the existing dwelling is
removed from the lot; and
2. That in any case, the existing dwelling must be removed
from the lot no later than one year from the date the
building permit is issued.
If you have any questions about the decision of the Commission, please
contact me.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Linda reed
Director
pds
cc: Jim Wheeler
Case 84-116 v/--
Regular Session closed:
Public Hearing opened: NO C
Public Hearing closed:
Regular Session opened:
TS
COMMISSIONER JAMES MOVED TO TABLE CASE 84-076 an investigation into
the rezoning of the State Airport area, until the Department of
Transportation Master Plan for the area is finalized. The motion was
seconded and CARRIED by unanimous roll call vote.
C) CASE 84-116. Appeal of an administrative decision to deny a
building permit based on a lack of zoning compliance, Section
17.68.020 (Appeals from Administrative Decisions). Lot 7, Block
8, Kodiak Townsite Alaska Subdivision. (Wilton White)
Staff had no additional report.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES felt that a building without a certificate of
occupancy should not be called a residential building. If the old
structure was removed before the certificate of occupancy was issued
for the new structure there shouldn't be a problem.
COMMISSIONER KNIGHT stated that there is a need to replace
nonconforming structures and this is one way of doing it, but there
should remain the ability to place restrictions and conditions.
Ms. Freed explained that staff would use this as a precedent for
interpretation of the Cade, so that if someone else came in with a
similar request Staff would feel compelled to go ahead and issue a
building permit. But at the same time, Staff would use the conditions
that may be established for this case as a basis for issuing a
building permit.
Mr. Wilton White stated that the old structure must be removed before
the new structure can be completed because it encroaches
into the area occupied by the old building. They would hope to
complete the project by spring.
COMMISSIONER KNIGHT MOVED TO UPHOLD THE ADMINISTRATIVE DECISION. The
motion was seconded and CARRIED with Commissioner Gregg voting NO.
COMMIS$IONER KNIGHT MOVED TO GRANT RELIEF to allow a building permit
to be issued for construction of a new dwelling, with the certificate
of occupancy not to be issued until the old structure is removed, and
that the old structure shall be removed within one year. The motion
was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO ADOPT AS FINDINGS OF FACT:
1. A structure is not a residential structure until a certificate
of occupancy is granted.
2. The removal of a nonconforming structure and replacement with a
conforming structure is an improvement of the community.
The motion was seconded and CARRIED unanimously by a roll call vote.
D) CASE 84-101. Request for a Variance from Section 17.19.040A
(Front Yards), and Section 17.36.0408 (Nonconforming Structures),
to permit the reconstruction of a dwelling unit that utilizes an
existing foundation that encroaches 3 feet into the required 25
foot front yard setback. Part of Lot 1, Block 13, Kodiak
Townsite Alaska Subdivision, 302 High Street: (J111 and Alan
Skaw)
Mr. Cassidy explained that the existing foundation actually encroaches
21 feet into the required 25 foot front yard setback, although the
structure is at least 21 feet from the actual road.
Regular Session closed:
Public Hearing opened:
Regular Meeting -3- September L9, 1984
ALAN SKAW stated that due to high n rather than reconstructing
an entire new structure he requests'__ fission to tear the whole third
floor off and reconstruct it into more living space. He would. still
like to be granted the variance for future use, to eventually be able
to construct a new structure on the existing foundation. His main
problem with the old structure is the low ceiling heights which to not
meet the Alaskan State Housing requirements.
COMMISSIONER JAMES noted that a variance 1s only valid for twelve
months.
Public Hearing closed:
Regular Session opened:
COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.19.040A
(Front Yards), and Section 17.36.0408 (Nonconforming Structures) of
the Borough Code for Part of Lot 1, Block 13, Kodiak Townsite Alaska
Subdivision, to permit the reconstruction of a dwelling unit utilizing
an existing foundation that encroaches 21 feet into the required 25
foot front yard setback. The motion was seconded and CARRIED with
Commissioners Rennell and Hill voting NO.
E) CASE 84-102. Case withdrawn per the request of the applicant.
F) CASE 84-103. Request for a Variance from Section 17.57.020
(Off -Street Parking...Number of Spaces Required), Section
17.57.040 (Parking Area Development Standards), and Section
17.57.060 (Off -Street Loading Requirements), to provide 1.5 less
parking spaces than required and exemptions from the paved public
parking lot requirements, screening of adjacent residentially
zoned lot requirement, and off-street loading requirement for the
construction of the new city office building. Lot 5, Block 8,
Port Lions Alaska Subdivision. (City of Port Lions)
Ms. Freed explained that there was a lengthy statement from a resident
of Port Lions who asked that his comments be read before the case is
decided. The statement arrived on the mail plane and was delivered at
7:00 p.m. tonight.
CHAIRMAN GREGG called for a five minute break. The meeting recessed at
8:40 p.m. and reconvened at 8:45 p.m.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.57.020
(Off -Street Parking...Number of Spaces Required), Section 17.57.040
(Parking Area Development Standards), and Section 17.57.060
(Off -Street Loading Requirements), to provide 1.5 less parking spaces
than required and exemptions from the paved public parking lot
requirements, screening of adjacent residentially zoned lot
requirement, and off-street loading requirement for the construction
of the new city office building. Lot 5, Block 8, Port Lions Alaska
Subdivision. The motion was seconded and CARRIED by unanimous roll
call vote.
G) CASE 84-105. Request for a Variance from 17.19.040C (Rear Yards)
to permit the construction of a main dwelling that encroaches
13.5 feet into the required 25 foot setback. Lot 8B, Block 1,
Shahafka Acres Subdivision. (Craig Johnson)
Staff had no additional comments.
Regular Session closed:
Public Hearing opened:
COMMISSIONER HILL questioned Mr. Johnson as to whether construction
had begun. Mr. Johnson confirmed that excavation was finished and
forms were in, but the foundation was not. started.
Public Hearing closed:
Regular Session opened:
Regular Meeting September 19, 1984
COMMISSIONER KNIGHT MOVED TO RECONS] :ASE 84-108 at the next
regular meeting. The motion was see- ,,1 and CARRIED by roll call
vote with Commissioner Hill, abstaining.
XII COMMISSIONERS' COMMENTS
COMMISSIONERS KNIGHT AND JAMES complimented Bud Cassidy on the his
preparation of the cases.
/CHAIRMAN-GREGG commented on the reasons for his vote on Case
. 84-116 (Wilton White_). He feels that maybe staff should be given the
opportunity to bend a little in granting building permits. There
seems to be a lot of discontent and maybe if the community realized
that staff does bend, the ill feelings would ease up. Ms. Freed
stated it was important to be consistent in interpreting the
regulations. Commissioner Knight feels that it's important to come
out with the Findings of Fact, and that the new format that has been
provided for the variances will help provide consistency.
XIII ADJOURNMENT
CHAIRMAN GREGG adjourned the meeting at 12:00 a.m.
ATTEST BY:
DATE APPROVED: IOLri IR4
Regular Meeting
-14-
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSI'N
BY:
September 19, 1984
meeting. She noted that the Asseml: ould be looking for 1) local
service roads and trails program, T se that is something that has
an impact on long range planning, and 2) 1f the Commission feels that
it is appropriate, for them to make recommendations on the projects in
the overall priority list.
B) & C) Ouzinkie and Larsen Bay Comprehensive Development S Capital
Improvement Plan
Staff reported that these plans will be scheduled as public hearings
for the October 1984 regular meeting. Representatives from each
village will be invited to attend.
IX COMMUNICATIONS
Staff reported that Items A, B, D, E, and G are for information.
A) Letter from Kodiak Contractors. Appeal of administration
decision.
8) Letter from Arnie Tweten. Appeal of Planning and Zoning
Commission decision.
C) Letter from the Borough attorney concerning Rasmus Anderson
appeal.
D) McDonald's Corporation - Parking Variance, City Council action.
E) Lee Filmore - Side Yard Setback Variance, City Council action.
F) Proposed ordinance No. 84-55-0 - Street Names.
Staff requests direction from the Commission regarding Items C and F.
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT of all
communications. The motion was seconded and CARRIED by unanimous
voice vote.
CO[MfISSIONER RENNELL MOVED TO USE THE RECORD as the basis of deciding
the Rasmus Anderson Case. The motion was seconded and CARRIED by
unanimous roll call vote.
Staff will copy the entire Rasmus Anderson file for each Commissioner
for their review.
COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE proposed Ordinance 84-55-0,
Street Names and recommended that Borough Assembly pass this
ordinance. The motion was seconded and CARRIED by unanimous roll call
vote.
X REPORTS
Ms. Freed reported that there had been a Joint Parks Board Meeting
involving the State Parks, City Parks, and Borough Parks on Monday,
Septebember 17, 1984. The main topic of discussion was RV Campsites.
All groups agreed that they felt a campsite was badly needed in the
urban area.
Ms. Freed informed the Commission that approval had been given to
advertise for a full time Enforcement Officer in the department.
Those advertisements should be out in October.
The State of Alaska has awarded the Kodiak Island Borough $40,000
through the Alaska Coastal Management Program. The main purpose of
the money is to implement the Coastal Management Program which can
include updating both the subdivision and the zoning codes.
XI AUDIENCE COMMENTS
MR. TIM HILL requested that the Commission rescind their decision on
Case 84-108 (Joe Perrozzi). He felt that Mr. Perrozzi's intentions
were completely misleading, and that he is a detriment to the
hillside.
Regular Meeting -13- September 19, 1984
ITEM VI(C)
MEMORANDUM
DATE: September 11, 1984
TO: Planning and Zoning Commission
FROM: Community Development DepartmentOt'4t
SUBJ: Information for the September 19, 1984 Regular Meeting
RE: CASE 84-116. Appeal of an administrative decision to deny a
building permit based on a lack of zoning compliance, Section
17.68.020 (Appeals from Administrative Decision). Lot 7, Block
8, Kodiak Townsite Alaska Subdivision. (Whilton White)
This case is an appeal of an administrative decision to deny a building
permit. Section 17.68.020 of the Borough Code deals with appeals of this
type and requires that "the planning commission shall hold a public hearing
on each appeal. At the hearing, the commission shall review the appeal
record and hear evidence and arguments presented by persons interested in
the appeal." The appeal record has been copied for your packet. Section
17.68.020 of the Borough Code further states that "the planning commission
shall either affirm or revise the zoning officer's decision in whole or in
part." And that "every decision of the planning commission on an appeal
shall be based upon findings and conclusions adopted by the commission.
The findings must be reasonably specific so as to provide the community,
and where appropriate, reviewing authorities, a clear and precise
understanding of the reason for the decision."
If the Commission reverses the decision of the "zoning officer" the relief
requested may be granted without further action by the Commission,orrthe
Commission may wish to set conditions on the "relief sought" depending on
the findings and conclusions.
The Commission may also be interested in the following information:
1. Street Address: 221 Mill Bay Road.
2. Lot Area: 10,259 square feet.
3. Size of Existing Single -Family Residence on the Lot: 1,878 sq.ft.
4. Current Zoning: R2 Residential.
Surrounding Land Use and Zoning: The area is generally zoned R2 Two -
Family Residential. Most of the homes in the immediate area are
single-family dwellings.
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PAL_FIC BUILDERS, -NC.
P.O. Box 417 • Kodiak, Alaska 99615 •
September 7, 1984
• Bus. Tel. 486-3707
A Al
Kodiak Island Borough
Planning and Zoning Commission
P.O. Boz 1246
Kodiak. Ak. 99615
Re: Building Permit for Lot 7, Block 8, Kodiak To :wile
Dear Sir/Madam,
Kodand illaroddil
K��ak, Alaska
RECE1VEP
sEP 101984 v b
1911:111W iq 14119
I am writing this letter to appeal the administrative decision not to issue a building
permit for the above mentioned project as per Section 17.68.020.
The relief sought is the issuance of the building permit to allow construction of a new
single family residence while the old structure is still occupied. The old structure will
be removed prior to the certificate of occupancy being issued for the new structure.
I feel there is no clear policy in the zoning code to address this issue.
Building permit being requested is for a permitted use in the district.
Respectfully,
Pacific Builders, Inc.
lam' "—es Wheeler
President
KODIAK ISLAND BOROUGH
Telephones 486-5736 486-5737 — Box 1246
KODIAK, ALASKA 99615
September 7, 1984
Mr. Whilton White
Box 254
Kodiak, AK 99615
Re: Building Permit Denial for Lot 7, Block 8, Kodiak Townsite
Dear Mr. White:
The purpose of this letter is to formalize the administrative decision to
deny you a building permit for Lot 7, Block 8, Kodiak Townsite.
The decision to deny you a building permit for a new single-family dwelling
on the above -referenced lot, is based on the fact that an occupied single-
family dwelling already exists on the lot.
As we discussed, the Borough zoning code is not clear on this issue, but it
has been departmental policy not to issue a building permit for a new dwell-
ing when there is an existing dwelling on a lot. Please see the attached
memo.
One way to resolve this issue would be to appeal my administrative decision
to the Kodiak Island Borough Planning and Zoning Commission per Chapter 17.68
of the Borough code (attached).
If I can assist in resolving this issue, please contact me.
Sincerely,
COMMUNITY DEVELOPMENT DEPARTMENT
Linda Freed
Director
pds
Attachments
cc: Jim Wheeler
KODIAK ISLAND BOROf`;c11
DATE:
TO:
FROM:
SUBJ:
MEMORANDUM
February 29, 1984
Planning and Zoning Commission
Community Development Departmen
Informational Memo
There have been two recent inquiries concerning the placement of more than one
main building on a business lot. Because the code does not specifically address
multiple structures on business zoned property, we are alerting you to the
department's interpretation of the code relative to this issue. It is staff's
feeling that more than one structure can exist on business property as long as
all other code requirements are -met.
In residential areas, the present code only allows multiple buildings on a
single lot in the Multiple Family (R3) District. The issue is not addressed in
other residential districts. Previously, Chapter 17.42, Lots and Lot Areas,
existed as part of the borough code. It directly prohibited more than one
residential building on a lot, unless specifically provided otherwise (e.g,
Section 16.40.190, Mobile Nome Parks).
Staff interprets the existing code as still allowing only one main residential
building and its accessory building on one lot, except in a R3 district.
This whole issue leads to a bit of confusion when applied to Title 16, Subdivi-
sions, where two or more mobile homes (residences) can exist on a private lot
and not be considered a mobile home park (16.40.190). We assume that this was
one of the portions of the code that was "specifically provided otherwise" in
the section of the code eliminated (17.42.020).
The Commission may want to consider whether it would like to see Section
16.40.190 of the current code, allowing two mobile homes on a lot, retained as
part of mobile home park ordinance revision.
cmk
17.67.060--17.68.010
17.67.060 Stipulations. In recommending the granting
of a conditional use, the planning and zoning commission shall
stipulate, in writing, requirements which it finds necessary
to carry out the intent of this chapter. These stipulations
may increase the required lot or yard size, control the lo-
cation and number of vehicular access points to the property,
require screening and landscaping where necessary to reduce
noise and glare, and maintain the property in a character
in keeping with surrounding area; or may impose other con-
ditions and safeguards designed to insure the compatibility
of the conditional use with other uses in the district.
(Ord. 81-31-0 §2(part), 1981).
17.67.070 Action by planning and zoning commission. The
planning and zoning commission shall render a decision on
the application for conditional use permits within thirty
calendar days from the date of public hearing. The community
development department shall incorporate any conditions and
requirements stipulated by the commission in the conditional
use permit. (Ord. 81-31-0 §2(part), 1981).
17.67.080 Appeals.. The planning and zoning commission's
action may be appealed to the borough assembly by any party.
Right of appeal is forfeited unless the appeal is filed within
twenty days of the commission's decision. (Ord. 81-31-0
§2(part), 1981).
Chapter 17.68
APPEALS
Sections:
17.68.010 Appeals from planning commission decisions.
17.68.020 Appeals from administrative decisions.
17.68.010 Appeals from planning commission decisions.
A. Appeal Initiation. An appeal from any action or decision
of the planning commission may be taken by any person or
party aggrieved. Such appeal shall be taken within ten
days of the date of such action or decision by filing with
the board of adjustment through the city or borough clerk a
written notice of appeal specifying the grounds thereof.
B. Report. A report concerning each case appealed to
the board of adjustment shall be prepared by the community
development office and filed with the appropriate clerk.
Such report shall state the decision and recommendation of
the commission together with the reasons for each decision
and recommendation. All data pertaining to the case shall
accompany the report.
132-2 (Kodiak Island
Borough 9/83)
17.68.020
C. Stay. An appeal from any action or decision of
the commission stays the decision appealed from until there
is a final decision on the appeal. (Ord. 83-40-0 §4(part),
1983).
17.68.020 Appeals from administrative decisions.
A. Decisions Appealable. The following decisions of the
zoning officer are subject to appeal to the planning commis-
sion:
1. The denial of a building permit based on a lack
of zoning compliance;
2. The issuance of an order under Section 17.75.010
(A) of this title.
B. Appeal Initiation.. A'decision described in sub-
section A of this section is final unless appealed to the
planning commission within ten days of the mailing of notice
of the decision. An appeal is commenced by filing with the
community development department a written notice of appeal,
specifically stating the reason for the appeal and the
relief sought. An appeal under this section may be brought
by any person aggrieved by the decision appealed.
C. Public Hearing. The planning commission shall hold
a public hearing on each appeal. At the hearing, the commis-
sion shall review the appeal record and hear evidence and
arguments presented by persons interested in the appeal.
D. Decision. The planning commission shall either affirm
or reverse the zoning officer's decision in whole or in part.
E. Findings. Every decision of the planning commission
on an appeal shall be based upon findings and conclusions
adopted by the commission. The findings must be reasonably
specific so as to provide the community, and where appropriate,
reviewing authorities, a clear and precise understanding of
the reason for the decision.
F. Stay. An appeal from a decision of the zoning officer
stays the decision appealed from until there is a final
decision on the appeal. (Ord. 43-40-0 §4(part), 1983).
132-3 (Kodiak Island
Borough 9/83)