Loading...
KODIAK TWNST BK 14 LT 19 - VarianceCharles E. King, III Box 1573 Kodiak, Alaska 99615 �-s Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 January 28, 1986 RE: Case 84-091. Variance for Lot 19, Block 14, Kodiak Townsite Dear Mr.. King: As you will recall, on July 18, 1984 the Planning and Zoning Commission granted your request for a variance to construct a single-family residence on the above -referenced lot. This variance allowed the structure to encroach 15 -feet into the required 25 -foot rear yard setback. According to our records the residence has not been constructed. Section 17.66.080 of the Borough Code provides that variances are only valid for one year following approval by the Commission. Unfortunately, you were not notified of the one year timeframe in the letter informing you of the Commission's decision. Because of this, the Borough will waive the variance application fee should you desire a one-year extension of the variance and make an application by February 21, 1986. If approved by the Commission, the extension will be valid for one year only. If you do not apply by February 21, 1986, the normal fee will be charged for a new variance application. If you have any further questions, please contact me at 486-5736. Thank you for your cooperation in this matter. Sin rely, obert"H. Pederson, Assistant Planner Community_ Development Department pm cc:. Case 84-091 KODIAK-- ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAIC, ALASKA 99615 - July 25, 1984 Charles E. King P.O. Box 1573 Kodiak, Alaska 99615 Dear Mr. King: RE: CASE 84-091. Variance request. Lot 19, Block 14, Kodiak Townsite. ,The -Planning and -Zoning -Commission, at the July 18, 1984 meeting,Proved; your request for_a_variance from Borough Code Section 17.19.040 (Yards), to permit the construction of a residence fifteen(15) feet into the required twenty-five (25) foot setback. This action becomes effective ten (10) days from the date of the Commission's action. Please bring a copy of this letter when applying for a building permit. Should you have additional questions, please call. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Bud Cassidy Assistant Planner/Zoning Officer cc: SASE 84-091 City Clerk jb C61 COMMUNITY BUILDERS, INC. COMMERCIAL & RESIDENTIAL CONSTRUCTION P.O. BOX 3409 _ KODIAK, ALASKA 99645 TELEPHONE 907-486-3825 July 16, 1984 Engineering Department: c)te-,i7) moo) In reference to Charles King's request for a variencefor Lot 19, Block 14, Kodiak Townsite. Let it go on record that Dane and Alayne Larsen, Lot 20B1, Block 14 Kodiak Townsite are in favor of the varience to the rear property line, -in fact, if possible, would suggest it -even be moved back to 5' as parking up at the top of High Street is a general neighborhood problem, and the further back Mr. King is allowed to build his house the better it will be for the good of the whole area. Alayne and Dane Larsen. KODIAK ISLAND BOROUGH ITEM VI (0) MEMORANDUM DATE: July 10, 1984 TO: Planning and Zoning Commission FROM: Community Development Departmen et- SUBJ: Information for the July 18, 1984 Regular Meeting RE: CASE 84-091. Request for a Variance from Chapter 17.19.040 (Yards) to permit the construction of a single-family residence 15 feet into the required 25 -foot rear yard setback. Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue (Charles E. King). Twenty-three (23) public hearing notices were mailed on July 9, 1984. 1. Applicant: Charles E. King, Box 1573, Kodiak, Alaska 99615. 2. Land Owner: Same as applicant. 3. Request: Request for a variance from Chapter 17.19.040 (Yards). 4. Purpose: The purpose of this request is to construct a single-family residence. 5. Existing Zoning: R2 6. Zoning History: The 1968 Comprehensive Plan indicates the zoning of this lot as R2. 7. Location: Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue. 8. Lot Size: 15,007 square feet. 9. Existing Land Use: Vacant. 10. Surrounding Land Use and Zoning: North: Unsubdivided land, U.S. Survey 3945; Zoning -C; Use -vacant South: Hillcrest Avenue, platted but not constructed East: Lots 20A and 20B, Block 14, Kodiak Townsite; Zoning -R2; Use -R1 and R2 West: Lot 18, Block 14, Kodiak Townsite; Zoning -R2; Use -R1 11. Comprehensive Plan: The Comprehensive Plan indicates the use of this lot for "high-density residential." 12. Applicable Regulations: Chapter 17.19 (Two-family Residential District), Section 17.19.040 (Yards) of Borough Code states that the required rear yard setback shall be 25 percent of the lot's depth but need not exceed 25 feet. COMMENTS: The applicant proposes to construct a home on this steep lot. The topo- graphy of the lot dictates placement of the house on the site. Because the front portion of the lot is very steep, construction must occur on the rear of Lot 19. RECOMMENDATION: Staff recommends approval of this request for the following reasons: 1. There is no adjacent neighbor behind the lot that will be impacted by this proposal; 2. The view from lots 20A and 20B will be maintained by the granting of the variance; and 3. There are clearly exceptional, physical circumstances that exist that warrant the granting of this variance. APPROPRIATE MOTION: Move to grant a request for a variance from Chapter 17.19.040 (Yards) of the Borough Code to permit the construction of a single-family residence 15 feet into the required 25 -foot rear yard setback; Lot 19, Block 14, Kodiak Townsite. Case 84-091 -2- July 10, 1984 Leite w_�tion. The motion was seconded CARRIED with Commissioners Crowe and Rennell voting "no." CASE 84-090. Request for a Conditional Use Permit in accordance with Section 17.18.030 (Conditional Uses) to permit a mail order backpack business as a home occupation. Lot 4, Block 3, Allman Addition; 1120 Malutin Lane (Danny W. Jackson). Staff reported that no public hearing notices were returned on the case. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. No public testimony was given, so the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER CROWE MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE PERMIT in accordance with Section 1.7.18.030 of the Borough Code to permit a mail order backpack business as a home occupation on Lot 4, Block 3, Allman Addition located at 1120 Malutin Lane with the following condition: 1. That this conditional use permit may be rescinded by the Commission after review of the home occupation if it becomes evident that noise, nuisance, traffic, and/or parking become more that what is acceptable for a home occupation. The motion was seconded and CARRIED by unanimous roll call vote. 0) CASE 84=091. Request for a Variance from Chapter 17.19.040 (Yards) to permit the construction of a single-family residence 15 feet into the required 25 -foot rear yard setback. Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue (Charles E. King). Ms. Freed reported that one public hearing notice had been returned on this case from Alayne and Dane Larsen in favor of the variance request. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing. There was no testimony received and the Chairman closed the Public Hearing and reconvened the Regular Meeting. COMMISSIONER HILLMOVED TO GRANT A REQUEST FOR A VARIANCE from Chapter 17.19.040 of the Borough --Code to permit the construction of a single-family residence 15 feet into the required 25 -foot rear yard setback;_ Lot 19, Block 14, Kodiak Townsite. The motion was seconded and\CARRIEDlby unanimous roll call vote. P) CASE 84-092. Request for a Conditional Use Permit in accordance with Chapter 17.21.030 (Conditional Uses) to permit a warehouse in the Business District (B). Lot 19, Block 2, Allman Addition (Mildred Markham). Staff had no additional information for the Commission. Commissioner Crowe asked staff if it was necessary to state a condition that "no outside storage is permitted," or if the outside storage issue was adequately covered under existing ordinances. Ms. Freed explained that the Business district does allow for outside storage, so a condition would need to be placed on the variance to cover this issue. Commissioner Hill stated that he thought the applicant should have the right to have outside storage since it was a Business -zoned lot. The Commission then discussed the alternative of screening if outside storage rights were granted. CHAIRMAN GREGG recessed the Regular Meeting and opened the Public Hearing; there was no testimony, the Chairman reconvened the Regular Meeting. COMMISSIONER RENNELL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Chapter 17.21.030 of BoroughCodeto permit a warehouse in the Business District (B) on Lot 19, Block 2, Allman Addition subject to the condition that all equipment shall be stored inside the building. The motion was seconded. Regular Meeting -12- July 18, 1984 ' KODIAK ISLAND BOROUGH mmunity Development Departmen 710 Mill Bay Road Kodiak, Alaska 99615 PUBLIC HEARING NOTICE NOTICE DATE: July 9, 1984 CASE NUMBER: CASE 84-091 An application for a Variance was filed with the Kodiak Island Borough Community Development Department by: Charles E. King The application requests: A Variance from Chapter 17.19.040 •(Yards) to permit the construction of a single- family. residence 15 feet into the required 25 -foot rear yard setback. Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting at 7:30 p.m. on Wednesday, July 18, 1984 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items on their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. in the Borough,Conference Room. This meeting is open to the public. You are being notified --because yot; are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. • If you cannot attend this PUBLIC HEARING and wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this forth. If you have any questions on this matter, please feel free to call our Zoning Officer, Bud Cassidy, at 486-5736, extension 258. YOUR NAME: ADDRESS: YOUR PROPERTY DESCRIPTION: COMMENTS: CASE 84-091. Lot 19, Blk 14 Kodiak Townsite Radius=325' from lot's edge US SURVEY 444 G HILLSIDE DRIVE 011110111018 1� 2''W `� gLAiiV0_ 30AT LOT URI/1 0 V 31 V 41 ODIAK 18 • • R134014, OSTELLOoRICHARD & CECILE P.O. BOX 114 KODIAK. AK 99615 R1340140171 JONES,ROLLAND & HAZEL P.O. BOX 375 KODIAK AK 99615 R1340140232 JOHNSON,LEON & THELMA P.O. BOX 413 KODIAK AK 99615 R1340140233 - ALASKAoSTATE OF BUREAU OF LAND MANAGEMENT 00000 R1340140234 HARRIS,MARY ELLEN P.O. BOX 2740 KODIAK AK 99615 R1340140235 KNOWLES,KENNETH & DONETA 41_ P.O. BOX 435 KODIAK AK 99615 R1340140241 WILSON,STEPHEN & BRENDA P.O. BOX 1638 KODIAK AK 99615 R1340140242 SHORT,BRUCE & LESLIE P.O. BOX 4 KODIAK AK 99615 51966 NV Nd I OON �) ALVINE,JANICE P.O. BOX 1309 KODIAK 90LT X08 'O'd A JYW 3 31O'230aVH OTZO17T0+7£T21 GILBERT,GARY P.O. BOX 74 KODIAK R1340140200 AK 99615 R1300000121 AK 99615 R1300001820 KODIAK ISLAND IMPROV CORP RELLA MAE CORPORATION P.O.BOX 774 KODIAK AK 99615 R1300000263 CANNON,LLOYD E PATRICIA P.O. BOX 585 KODIAK AK 99615 KODIAK,CITY OF P.O. BOX 1397 217 BENSON KODIAK R1140101220 AK 99615 R1340140201 LARSEN,ALAYNE & DANE C P.O. BOX 3121 KODIAK AK 99615 R1340140202 WILSON,STEPHEN E BRENDA P.O. BOX 1638 KODIAK AK 99615 6-e_. Yi'-©9 �a-t /9 ,&!e r°J ie S�� e� !&'6 /1 ' /r i r / 2 'f1 ' U ✓ _ _ e . L rte' el3 00000/al .a o -?`/Z4 2/3ye4le/0/7 / oe�t /a(50.2131_1Z 30 0a)0 /a 1 A- / �U /2,B / 7 c2 8 /_8 O _______02P c.& -G2F /0 r (p-5 �� /g /90 dal ©o ao{274' ,20/ t_102a_ 114010 L2 -g-0 3 I .)- "5 0 ,6'g 02o (P. - _1. /p`(% i .- q -O c21 1 0 -- as 20 073A c23 a3 Pt d3 3 ,,,3_6t li a_3 Pt (2_3,. 4g "7 a l 2Pr .1 z..2_ ijft z.3 /6 M /3-/ _/.54__R/_14101u0 St /67 -Pt /S / /e, /,S� /30 /$4 /7 L21 /2 A /7.2- /� 1 1:73 SURVEY 444, Tr G mi.01116, 7 c • 31 41 ODIAK KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 July 6, 1984 Mr. Charles King Box 1573 Kodiak, Alaska 99615 Dear Mr. King: RE: CASE 84-091. Request for a Variance from Chapter 17.19.040 (Yards) to permit the construction of a single-family residence 15 feet into the required 25 -foot rear yard setback. Lot 19, Block 14, Kodiak Townsite; 215 Hillcrest Avenue. Please be advised that your application for a variance has been scheduled for review and action by the Planning and Zoning Commission at their July 18, 1984 Regular Meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is recommended. One week prior to the Regular Meeting, Wednesday, July 11, 1984, at 7:30 p.m. in the Borough Conference Room, the Commission will hold a worksession to review the packet material for the regular meeting. You are cordially invited to attend this worksession in order to respond to any questions the Commission may have regarding your request. The Community Development Department will be happy to provide you with any additional information. Sincerely, ietv Cathy Kester Planning Secretary Community Development Department dc: CASE 84-091 cmk NUUDAN 1JLANU bUKUUUM POST OFFICE BOX 1246 KODIAK, ALASKA 99615 (. ) Conditional Use Permit E ception ariance ( ) Zoning Change: From: CODE SECTION INVOLVED: To: i9.19.644, NOTE: The.application fee for all items covered by this form is $50. Conditional UsePermits, Exceptions, and Variance Applications also require the submission of a site plan. APPLICANT: f490E744.747-..15 Name dt=ztle._ GR-sWn. i 16- ddress cc City, State, Zip PROPERTY: 19 Lot Ala - 6sad-( Home Telephone r• 1, Work Telephone Block Subdivision Name United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: I have been advised of the procedures involved with thi request and ave received a copy of the appropriate regulations. Authorized Agent Date Application Accepted: Date Property Owner BY:Q,4e&t7, Date VARIANCE APPLICATION The application must contain a statement showing the following conditions, all four of which must exist before a variance may be granted: The undersigned states: 1. That there are exceptional physical circumstances or conditions applicable to the property, or to its intended use or development, which'do not apply gekaully to the other properties in the same land use district. These special conditions are:N_WF it.PN41.ETZSF, aeY7- vj useq7 .11244 cERI.r Lc, 2. That tTie strict application Qf the zoning ordinances would result in practical difficulties or unnecessary hardship: ks.A,1, -qr2 Q4\0 LAR_ 31cTAAO.S-tATT... 2LZn-bb. 451..6-37E- u...)0LALN MRV- "=1,N.1 M LJ- VL "MA-lzucf ar Anal 41, &arh 4.V `CiWqMLINIG That the granting of the variance will not result in material damage or prejudice to other properti'n the vicinity nor be detrimental to the public's health, safety, or welfare because: SN=_&—z4146. 2)NFzn 477.NAOLn7LX.R17- hreA c1R-Rw4tg, -s73,4m 7itws(tDAX - '5114- -1--791RO..7q7 L --L- 10107- . VSEG.L.Li 4. That the granting of the variance1.0 not be contrary to the objectives of the comprehensive plan, for the following reasons: Vusl 17a NOTE: Alaska Statutes Section 29.33.110(C) states: "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 perm a land use in a district in which that use is- prohibited." Please use additional .paper for additional comments. Signature of Authorized Agent Date Signature of Land Owner - • • .• I -7v • • -...,....!--,.... r" • ... ---',::-.' ‘:',--...'., „„ . t• - - . . • - .... ., ,.' .-7,;:•--,; . *„...4.1.„4„,.. It .....t.a...,,,,,,......,.... ,t7,.. , ...- 44,F,..›,,..0, .„,,,,,,,,,,,,, ..... ,-.. . , '. ".„ 6.,'4,0,74,-.1:72,e.,: •••,,,,C,,,,,,,,...-4. ,,,, ..."' ,c;-,--/.;‘," .. "C..' ,. .'...i. -. - ''''.1.,-""4:4.?..'•.......,...,..,.t.' -....' ,,-",f4,4„.„...,z .., . .._ . . • , - - - «, _ - • ... - ' . „ . • - .,:"..'4';.."-=:: ' ;,,,t;',,+...."..,.. -.7-'•'"-'••:r , - , -r-,... - - - . • .,• • RECEIVED FROM CASH RECEIPT Kodiak Island Borough 700 UPPER MILL BAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 PHONE (907) 486-5736 F/11 ivictA ae_a 771 0 0, DATE 4/c2 7 _ ,9 &V i:‘,:';,"?:5;7:.,`F.tiNatirE,'-:,;L;77,77, 010 - 000 - 101 - 10 - 00 :::."..„r1,:,::'2;;;,,,',:7",":vtfty-:--F7-7.ZTL777,,,'v7., CASH 7:77 airair• ,,,-, ,, ::?:-?,:Fcti.,:773. 010 - 000 - 322 - 11 - 00 BUILDING PERMITS . I I I I 010 - 000 - 322 - 90 - 00 ZONING PERMITS I 1 I I 010 - 000 - 341 - 50 - 00 SALE OF MAPS ---... I I • ' I I 010 - 000 - 341 - 51 - 00 SALE OF COPIES I I I PROPERTY TAX 1 1I . . LAND SALE PAYMENT . , I 1 I 1 . . PER ATTACHED r• I I I I 16410-'16-4'e-1 I I I SO I ---‘ I I I I I 1 I I I I CONDITIONS OF CHECK PAYMENTS— PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO 1 1 THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. CASHIER es PAYMENT MADE BY: Pt_NHECK NO /-726'egs ElCASH C OTHER FM08-511815