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KODIAK TWNST BK 15 LT 2 - Similar Use DeterminationKodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205 Kodiak AK 99615 Ph. (907) 486 - 9362 Fax (907) 486-9396 http://www.kodiakak.us Zoning Compliance Permit Print Form fubmit by Email tfl IIItIIIhhIIfflhIII 15792 Permit No. CZ2013-063 Property Owner / Applicant: Mailing Address: Phone Number: Other Contact email, etc.: Legal Description: Street Address: Use & Size of Existing Structures: The following information is to be supplied by the Applicant: Brother Francis Shelter Kodiak P.O. Box 670, Kodiak, AK 99615 907-486-5610 montehawver@yahoo.com Subdv: KodiakTownsite 410 Thorsheim Street Block: 15 Lot: 2 Homeless Shelter 5,000 Sq. Ft. (Permitted by prior Exception and then more recently by a Similar Use Determination in Case 13-005) Description of Proposed Action: Add a 20 by 36 foot addition to the existing shelter building to include a commercial kitchen. Services and occupancy to remain the same. Revised parking play layout also included as part of this facility remodel/addition. Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access points, and vehicular parking areas. Staff Compliance Review: Current Zoning: Business KIBC 17.90 PROP JD 15742 Lot Area: 24,480 Sq. Ft. Lot Width: Not Applicable Bld'g Height: Not Applicable Front Yard: Not Applicable Rear Yard: Not Applicable Side Yard: Not Applicable Prk'g Plan Rvw? Yes # of Req'd Spaces: 13 Plat / Subdivision Requirements? Does the project involve an EPA defined facility? NA N/A If YES, do you have an EPA Return Receipt of Notification? "Permit will not be issued until receipt is submitted to K/8" N/A Subd Case No. NA Driveway Permit? Septic Plan Approval: Fire Marshall: Plat No. NA Bldg Permit No. Pending NA NA Pending Applicant Certification: I hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and thatl have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable corner markers in place for verification of building setback (yard) requirements. Attachments? Site Plan List Other: Date: Feb 25, 2013 Signature: Monte I-awver, Brother Francis Shelter Kodiak This permit is only for the proposed project as described by the applicant. If there are any changes to the proposed project, including its intended use, prior to or during its siting, construction, or operation, contact this office immediately to determine if further review and approval of the revised project is necessary. ** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not commenced within 180 days from the date of issuance, or if thebuildingconstruction or use is abandoned at anytime, after the work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec. 106.4.4 Expiration. 1997 UBC) per KIBC 17.15.060 A. CDD Staff Certification Date: Feb 25, 2013 CDD Staff: Duane Dvorak Payment Verification Zoning Compliance Permit Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building Not Applicable Less than 1.75 acres: 1.76 to 5.00 acres: 5.01 to 40.00 acres: 40.01 acres or more: 0 1 0 After -the -Fact 2X the published amount 50.00 �f�/j $60.00 "-r" /�j $60.00 $90.00 P14!» 5120.00 FEB 25 2019 Cin2CIP.pflpn irtmo r 0 $0.00 560.00 $120.00 $180.00 $240.00 o a S. I • ',.4; •-•••( •:•1 • •-• / .... ••• - . / ' •".. "s/z:z:•, .1- ..°'•••• ' K / •-•" • ' , • / fir • 4c€,. 11‘.1j 1 I • 0 0 10 SOLE IN F The site is well separated by distance, topography and vegetation from residential_areas. The Contiguous land ownership of the Old Harbor Native Corporation far exceeds the minimum of area of five acres required by the C -Conservation zoning district. Natural vegetation will be maintained as a condition of approval to preserve, to the extent feasible, the visual continuity of the surrounding area. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY D) Case 12-037. Request a Similar Use Determination, according to 17.15.090., that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. The applicant is Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. The location is 410 Thorsheim Street and the zoning is B -Business. Cassidy reported the current homeless shelter facility is enlarging it due to the kitchen doesn't meet the standards for commercial kitchens and they are interested in bringing it up to code. Part of the expansion will include a dining area. Originally, they went through the Exception process which is now grandfathered. The code also says that non-residential facilities that are grandfathered can be expanded. We are bringing it to you under a different code section that allows you to determine if it is similar impact. The shelter is not meant to serve more clients but serve existing clients better. COMMISSIONER VAHL MOVED to grant a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district, subject to one condition of approval, and to adopt findings of fact in the staff report dated May 4, 2012, as Findings of Fact for Case No. 12-037. The public hearing was opened & closed. Public testimony was given by: Monte Hawver, Executive Director, spoke in support of the request. Brief discussion CONDITIONS OF APPROVAL 1. The applicant is required to present an updated site and parking plan that incorporates the increased lease area prior to obtaining zoning compliance for the expansion. FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed addition to the homeless shelter is not for the purpose of expanding the client base. 3.. The proposed addition is for the purpose of more efficiently and humanely serving the existing homeless population. 4. This Similar Use Determination is a reasonable accommodation for the purpose of addressing the needs of the existing homeless population. May 16, 2012 Page 6 of 8 P&Z Minutes 5. This Similar Use Determination is specific to the Brother Francis Shelter Kodiak facility located at 410 Thorsheim St. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY OLD BUSINESS EW BUSINESS C t + MUNICATIONS A) A t it Planning & Zoning Commission Results Letters B) Lett: of Courtesy & Advisory Re: An Accessory Building Used As Living or Sleeping Purpo••s C) Letter o Courtesy & Advisory Re: A Home Based Business Exceeding the Scope of a Home Occupatio D) Letter of Cou esy & Advisory Re: Parking Cassidy gave an up I . to on the communication items. COMMISSIONER JANZ OVED to accept communications as presented. VOICE VOTE ON MOTIO ARRIED UNANIMOUSLY REPORTS A) Meeting Schedule: • June 13, 2012 work session : t 6:30pm in the KIB Conference Room. • June 20, 2012 regular meetin • • t 6:30pm in the Assembly Chambers. 13) Minutes of Other Meetings • March 27, 2012 Parks & Recreation a mittee minutes C) Abbreviated and Final • %roval - Subdivi ons Cassidy gave a brief report • n the report items. COMMISSIONER JANZ 0 VED to accept reports as pre • nted. VOICE VOTE ON MOT ON CARRIED UNANIMOUSLY AUDIENCE COMM' TS There were non COMMISSION R'S COMMENTS Sonny Vinb- g requested to be excused for the June regular meeting due'to being out of town, Casey Ja asked if the Code Revision comment period will be extended. Cassi' ' said there has been discussion of extending it but Duane Dvorak is the one to talk to. Ric. Vahl said Bob Scholze is supposed to be here next month to talk about land'sales and he w nted to know what the commission can do to prepare for it. What is the next step for the ode Re -write? May 16, 2012 Page 7ofi3 P&Z Minutes May 18, 2012 0 Kodiak Island Borough Monte Hawver, Executive Director Brother Francis Shelter Kodiak Inc. PO Box 670 Kodiak, AK 99615 Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 12-037. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. Dear Mr. Hawver: The Planning & Zoning Commission, at their regular meeting on May 16, 2012, determined that the request referenced above was granted subject to a condition of approval and findings of fact. CONDITION OF APPROVAL 1. The applicant is required to present an updated site and parking plan that incorporates the increased lease area prior to obtaining zoning compliance for the expansion. Findings of fact in support of this decision is as follows: FINDINGS OF FACT 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed addition to the homeless shelter is not for the purpose of expanding the client base. 3. The proposed addition is for the purpose of more efficiently and humanely serving the existing homeless population. 4. This Similar Use Determination is a reasonable accommodation for the purpose o addressing the needs of the existing homeless population. 5. This Similar Use Determination is specific to the Brother Francis Shelter Kodiak facili located at 410 Thorsheim-St. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments, by filing a written notice of appeal to the Borough Clerk within ten (10) working days of the date of this decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and accompanied by the $350 appeal fee. Therefore, the decision will not be final and effective until ten (10) working days following the decision. For more information on the appeal process please contact the Borough Clerk's Office at 486-9310. Should have any questions regarding the determination please feel free to contact me at 486- 9363 if you. Sincerely, react Sheila Smith, Secretary Community Development Department CC: Nova Javier, Borough Clerk R v--\\ \ 0 • ‘, .•\ Ce:v 1 I . • • - /••// 1>:: / / / FIGURE 1 "7..; q Srna-A5 3 r _s A 5 \ '3 2 1)(c2c, s1 -0-\\s _fl c, — rublic Hearing Item 7-D -r'&Z May 16, 2012 BROTHER FANCIS SHELTER KODIAK Our Mission Brother Francis Shelter Kodiak is dedicated to serving the homeless and poor among us with emphasis on addressing the root causes of homelessness and providing preventative measures. Brother Francis Shelter Kodiak (BFSK) was founded in 1988. After a winter where a high number of people perished from exposure, a small group of Kodiak citizens asked the Archbishop of Anchorage to open a shelter in Kodiak The land for the structure was donated by the City of Kodiak. A multiyear capital campaign produced the funding required and the building was constructed using raised funds and thousands of volunteer hours. The Brother Francis Shelter Kodiak officially became a program of Catholic Social Services (CSS). In June of 1991, CSS and the local advisory board hired Monte Hawver as their director. He continues as Executive Director today. The shelter opened on June 10", 1991. Policies, procedures, and fund raising mechanisms to operate and sustain the programs were developed. Feeding, sheltering and basic services were offered for the first year. Within the next two years, on site Mental Health services were established, a twelve step (A.A.) room was completed (where 70 A.A. meetings are held monthly), and a fledgling homeless prevention program was established. As of this writing, no homeless person has succumbed to the elements in Kodiak since BFSK commenced services. In 2007 Catholic Social Services and the advisory board of Brother Francis Shelter mutually agreed that BFSK would become a stand alone organization. 501(c)(3) status was applied for and BFSK was granted such status five days atter the time stamped receipt of the application. hi living out our mission, BFSK's four staff members, many volunteers, and the ten person governing board provide the following services to anyone who comes to our door. Services Provided Overview: BFSK operates as the hub for services to the homeless and poor in Kodiak. Hearty evening meals, breakfast, and lunch sandwiches are available, as well as multiple other services. BFSK is the central service provider on Kodiak Island to attempt to secure and distribute direct assistance funds for homelessness prevention and to assist persons caught in the crisis of homelessness. In cooperation with governmental and non-profit service providers in the community, BFSK has administered the community's direct assistance housing funds and provided comprehensive low income housing placement activities for 18 of its 20 years in operation. Overnight sheltering services: The shelter facility is open every evening of the year (as it has been for over twenty years) to provide the before mentioned sheltering and feeding services as well as onsite mental health delivery, monthly physical health clinics, employment referral, and a myriad of other services. Forty beds are available for sheltering needs with overflow space available on the bottom floor of the facility. No one has ever been tumed away due to lack of space. In conjunction with housing placement services, BFSK's goal is to provide a solid continuum of care_ in fiscal year 2011, 478 different individuals were sheltered 6743 times. 23,961 meals were provided. BFSK sheltered a daily average of 19 people in FY 09, 24 people in FY 10 and 28 people in FY11. On average, one or two overnight guests have vehicles. Four to six people that eat have vehicles but always park in front of the shelter in the street parking area. EC 11V1 MAY — 2 2012 J�JJ' COMMNNIIYDEVEWPMENTDEPASTMEN7 Case No. 12-037 Application Addendum Page 1 of 2 'ublic Hearing Item 7-D P&Z May 16, 2012 Housing Placement/Homeless Prevention: A Resource Specialist and or Executive Director is on-site five days a week to personally work with clients to assist them in focusing their housing search and mitigating barriers to permanent housing. Activities include crisis intervention and problem solving around housing issues as well as rental and utility assistance. landlord/tenant mediation is available and quite successful in avoiding evictions. Comprehensive budgeting education is available and encouraged. During the previous fiscal year, Brother Francis Shelter Kodiak provided eviction/utility cut-off and 1' month's rent or security/utility deposits to 197 families. Kodiak has seen a steady increase in demand for prevention services. The winter of 2011/2012 was especially hard on families due to a.lack of cannery work in the summer of 2011 and the extreme winter weather. The target population is comprised of individuals and families in Kodiak who are currently homeless or in temporary financial distress. The geographical area served is Kodiak Island Alaska. BFSK's annual budget in FY 2012 is $417,000. Brother Francis Shelter Kodiak is written of in Alaska's "Ten Year Plan to End Long term Homelessness" as a success story for having nearly eliminated family homelessness in Kodiak. The simple fact is that BFSK will do whatever it takes to keep a family from winding up on the streets. Need: BFSK currently operates with a very small household kitehen. It is also inefficient with only a standard household stove used for cooking. The entire kitchen shows heavy use as the twenty years of continual operation has taken its toll. Due to not having a dining area, the majority of clients currently sit in a chair or outside on the steps to eat their meals. One small table is available that accommodates six people. The current floor covering in that area shows considerable wear with several cracks and pieces missing. A recent inspection of the roof determined that it needed replacement within three years. A Foraker Pre -development team has presented their plans including an exhaustive cost estimate. Construction shall commence as soon as capitol funds have been secured. As a result of this project, clients will have a designated dining area instead of eating off of a plate in their chair, scrunched tightly together. This will create a much healthier and dignified dining arrangement. The commercial kitchen will allow for a more varied and healthier meal preparation. As a result of this great need, Brother Francis Shelter Kodiak's board and staff are steadfastly committed to this project. Hundreds of hours of rims- have been invested in planning and developing this expansion. Project Description: Brother Francis Shelter Kodiak is seeking to construct a 1,500 SF expansion and remodeUrenovation to the existing 4,968 SF 2 -story shelter building, originally built in 1991. On the upper level, a 720 SF addition will provide space for an expanded dining area, a counseling office, and increased space in the Women's Shelter area. On the lower level, a 780 SF expansion will allow for a new commercial -grade kitchen meeting current health and safety codes for meal preparation. The heavily -used meeting room space including two new ai-nssible rest rooms will be relocated into the new addition. Additionally, as part of the project, the existing building will be entirely re -roofed and a sprinkler system installed throughout the building. A new heating system for the entire buildin will re lace the existing furnace and Toyo stove currently in use. Substantial civil work will re-stor (jr a the building and provide two new handicapped parking spaces. �t e Jc o f MAY - 2 2012 DEP MEW Case No. 12-037 Application Addendum Page 2 of 2 Bureau of Land Management 4700 BLM Rd. Anchorage, AK 99507 Thelma Johnson PO Box 413 Kodiak, AK 99615 BROTHER FANCIS SHELTER KODIAK Our Mission Brother Francis Shelter Kodiak is dedicated to serving the homeless and poor among us with emphasis on addressing the root causes of homelessness and providing preventative measures. Brother Francis Shelter Kodiak (BFSK) was founded in 1988. After a winter where a high number of people perished from exposure, a small group of Kodiak citizens asked the Archbishop of Anchorage to open a shelter in Kodiak. The land for the structure was donated by the City of Kodiak. A multiyear capital campaign produced the funding required and the building was constructed using raised funds and thousands of volunteer hours. The Brother Francis Shelter Kodiak officially became a program of Catholic Social Services (CSS). In June of 1991, CSS and the local advisory board hired Monte Hawver as their director. He continues as Executive Director today. The shelter opened on June 10th, 1991. Policies, procedures, and fund raising mechanisms to operate and sustain the programs were developed. Feeding, sheltering and basic services were offered for the first year. Within the next two years, on site Mental Health services were established, a twelve step (A.A.) room was completed (where 70 A.A. meetings are held monthly), and a fledgling homeless prevention program was established. As of this writing, no homeless person has succumbed to the elements in Kodiak since BFSK commenced services. In 2007 Catholic Social Services and the advisory board of Brother Francis Shelter mutually agreed that BFSK would become a stand alone organization. 501(c)(3) status was applied for and BFSK was granted such status five days after the time stamped receipt of the application. In living out our mission, BFSK's four staff members, many volunteers, and the ten person governing board provide the following services to anyone who comes to our door. Services Provided Overview: BFSK operates as the hub for services to the homeless and poor in Kodiak. Hearty evening meals, breakfast, and lunch sandwiches are available, as well as multiple other services. BFSK is the central service provider on Kodiak Island to attempt to secure and distribute direct assistance funds for homelessness prevention and to assist persons caught in the crisis of' homelessness. In cooperation with governmental and non-profit service providers in the community, BFSK has administered the community's direct assistance housing funds and provided comprehensive low income housing placement activities for 18 of its 20 years in operation. Overnight sheltering services: The shelter facility is open every evening of the year (as it has been for over twenty years) to provide the before mentioned sheltering and feeding services as well as onsite mental health delivery, monthly physical health clinics, employment referral, and a myriad of other services. Forty beds are available for sheltering needs with overflow space available on the bottom floor of the facility. No one has ever been turned away due to lack of space. In conjunction with housing placement services, BFSK's goal is to provide a solid continuum of care. In fiscal year 2011, 478 different individuals were sheltered 6743 times. 23,961 meals were provided. BFSK sheltered a daily average of 19 people in FY 09, 24 people in FY 10 and 28 people in FY11. On average, one or two overnight guests have vehicles. Four to six people that eat have vehicles but always park in front of the shelter in the street parking area. D ECSC OVE MAY -22012 COMMUNITY DEVELOPMENT DEPARTMENT Housing Placement/Homeless Prevention: A Resource Specialist and or Executive Director is on-site five days a week to personally work with clients to assist them in focusing their housing search and mitigating barriers to permanent housing. Activities include crisis intervention and problem solving around housing issues as well as rental and utility assistance. Landlord/tenant mediation is available and quite successful in avoiding evictions. Comprehensive budgeting education is available and encouraged. During the previous fiscal year, Brother Francis Shelter Kodiak provided eviction/utility cut-off and 1°` month's rent or security/utility deposits to 197 families. Kodiak has seen a steady increase in demand for prevention services. The winter of 2011/2012 was especially hard on families due to a lack of cannery work in the summer of 2011 and the extreme winter weather. The target population is comprised of individuals and families in Kodiak who are currently homeless or in temporary financial distress. The geographical area served is Kodiak Island Alaska. BFSK's annual budget in FY 2012 is $417,000. Brother Francis Shelter Kodiak is written of in Alaska's " Ten Year Plan to End Long term Homelessness" as a success story for having nearly eliminated family homelessness in Kodiak The simple fact is that BFSK will do whatever it takes to keep a family from winding up on the streets. Need: BFSK currently operates with a very small household kitchen. It is also inefficient with only a standard household stove used for cooking. The entire kitchen shows heavy use as the twenty years of continual operation has taken its toll. Due to not having a dining area, the majority of clients currently sit in a chair or outside on the steps to eat their meals. One small table is available that accommodates six people. The current floor covering in that area shows considerable wear with several cracks and pieces missing. A recent inspection of the roof determined that it needed replacement within three years. A Foraker Pre -development team has presented their plans including an exhaustive cost estimate. Construction shall commence as soon as capitol funds have been secured_ As a result of this project, clients will have a designated dining area instead of eating off of a plate in their chair, scrunched tightly together. This will create a much healthier and dignified dining arrangement. The commercial kitchen will allow for a more varied and healthier meal preparation. As a result of this great need, Brother Francis Shelter Kodiak's board and staff are steadfastly committed to this project. Hundreds of hours of time have been invested in planning and developing this expansion. Project Description: Brother Francis Shelter Kodiak is seeking to construct a 1,500 SF expansion and remodel/renovation to the existing 4,968 SF 2 -story shelter building, originally built in 1991. On the upper level, a 720 SF addition will provide space for an expanded dining area, a counseling office, and increased space in the Women's Shelter area. On the lower level, a 780 SF expansion will allow for a new commercial -grade kitchen meeting current health and safety codes for meal preparation. The heavily -used meeting room space including two new accessible rest rooms will be relocated into the new addition. Additionally, as part of the project, the existing building will be entirely re -roofed and a sprinkler system installed throughout the building. A new heating system for the entire buildin will lace the existing furnace and Toyo stove currently in use. Substantial civil work will re-storeEadSa ill Se the building and provide two new handicapped parking spaces. MAY -2 2012 COMMUNITY DEVELOPMENT DEPARTMENT ublic Hearing Item 7-D r&Z May 16, 2012 Request: In0 tag G1cn�P Nb3 nonconforming impact dining, CQ purposes meeting B -Business Determination, homeless permitted allowing did zoning office district. hotel according f�72�1 similar single -resident expansion of the Oce .15.090.A, character occupancy shelt- iop shelter's located fl Kodiak Island Borough GIS System This map was prepared from the Kodiak Island Borough's GIS System. It Is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodak Island Borough IT Department at (907) 486-9333. Case No. 12-037 Introduction Page 1 of 6 Public Hearing Item 7-D P&Z May 16, 2012 c• s4)�aocc Case No. 12-037 Introduction Page 2 of 6 N ttrA 'ublic Hearing Item 7-D P&Z May 16, 2012 Kodiak Island Borough Zoning Map Community Development Department Current Zoning P&Z Case # 12-037 Monte Hawver Request: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district Legend i=1 Subject Parcel C% Public Use Lands 1-1 Rural Residential 1 Watershed Conservation Rural Residential Zoning Legend Multi Family Residential 11111 Light Industrial Rural Residential 2 Single Family Residential Two Family Residential Business Retail Business Industrial Rural Neighborhood Commercial Urban Neighborhood Commercial Natural Use This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 12-037 Introduction Page 3 of 6 , 'ublic Hearing Item 7-D P&Z May 16, 2012 Case No. 12-037 Introduction Page 4 of 6 'ublic Hearing Item 7-D P&Z May 16, 2012 Image Overlay P & Z Case # 12-037 Monte Hawver Request: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. Kodiak Island Borough GIS System 45 180 270 360 Feet This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More nformaton about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 12-037 Introduction Page 5 of 6 'ublic Hearing Item 7-D P&Z May 16, 2012 \fob ocs • \vc, Q� Case No. 12-037 Introduction Page 6 of 6 'ublic Hearing Item 7-D i'&Z May 16, 2012 Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 htto://www.kodiakak.us Submit by Email Punt Form Application for a Similar Use Determination Perai3C17.sma? Landoses o:herihen tdosesrtcirm pt'rminedorrowaiw,ppypvnmVNin o tlutnamaybeoUo:ved n dmymcsamerr to dmsrisredandnm&;.dby trrconvnissror:, artxopool¢ hearkg, to he,'ni m in dromctrrond:mpoa. Applicant Information: PrcpertyOwnerfAppllcant: Brother Francis Shelter Kodiak, Inc. f.tailin9Address: P.O. Box 670 Phone Number. 6-610 �6Ccfl Omer Contact email, etc bfbfskinc@yahoo.com Agent&:mSurvcyor: Monte Hainer, Executive Director Mailing Address: Phone Number. Other Contact email: etc Property Information: Lepel sesuiption Current Zoning Applicable Comprehensive Plan: Present Use of Property: subdv: Kodiak Townsite business zoning "exception" KoWaKIsIantldnfougIi Rnancella rtmeot Bloc;. 15 Lot: 2 homeless shelter Proposed Use of Property (use addidonal sheets, rcneeded to provide a complete description): Brother Francis Shelter Kodiak is going to use the shelter facility for the exact same use it has always been used for; sheltering and feeding the homeless and homeless prevention services. We are not expanding these services or adding addition: services. We are simply adding a commercial kitchen and dining hall to meet code.. Date: Date: 1) - Z— Fez Signature: Payment VerificaCOfi Fee Payable in Cashier's Office Room # 104 - Main Boor of Borough Building Similar Use Determination per KIBC 1 7.75.090 A: n CDD Staff Case No. 12-037 Application Page 1 of 4 I— 5150.00 ►2- 0x;17 Public Hearing Item 7-D PAZ May 16, 2012 BET +•I?l 1 �� ' 1 BROTHER FORAKER GROUP TER - Koour KOOMK, NAS 4 Case No. 12.037 Application Page 2 of 4 'Olin Hearing Item 7-D NB&Z May 16, 2012 GROUND LEASE NO. 198640 City of Kodiak and Brother Francis Shelter Kodiak, Inc. This Masi: k mode and executed as of the 1" day of January 2012. by and between the crry OF KODIAK. Alaska. (hereinafter "City'), and BROTHER FRANCIS SHELTER KODIAK, INC.. a nonprofit corporation organized under the laws the State n1'Alaska. (herei- nafter -Lessee'). (I) Demise. Description, and Use of Premises. The City leases to Lessee and Lessee hires from the City, for the purpose of operating thereon a shelter for the temporary housing of -persons who lace no housing -or shclter otherwise available to them. and tin no other nurnose, the preniiscs described as Lot 2, Block I5:Kodiak Totvnsitc, with the appun"en= anccs thereto, situated in the City of Kodiak, State of Alaska. As used herein. the terrn "premises" refers to the nal property above described and to any improvements located thereon from time to time during the term hereof. (2) Term. The term of this lease shall be twenty-five (25) years, commencing on January :. 2012. and ending at midnight on December 31, 2036. except ihat it may be temminancd 1» either party upon thirty (30) days written notice to the nlbe (3) Rent. The total rent for the poetises per annum shall he ONE DOLLAR (SI.0111. the value of the (case k estimated to be al least 512,240.00 per annum. (4) Operation of Homeless Shelter. Lessee shall operate upon the lensed prcmiscs through- out the tem of this lease a homeless shelter in accordance with the following terns and conditions: (a) Nondiscrimination. In both the stalling of the shelter and the operation of any programs or activities offered through or associated with it, Lessee shall not discriminate on the basis of race, sex, or national origin, or on any other basis which at any time dur- ing the term of this lease would be prohibited by any federal. state. or local law, (b) Condition and not covenant. Lessee maintenance of a shelter as described in this lease is a condition to Lessees continued right to possession of the demised premises rather than a covenant (5) Uses Prohibited, Lessee shall not use.or p emir the-dendv:d'pnniises or any pan thereon do be used, for any purpose or purposes other than the purpose or purposes for w hick the premises are hereby leased: and -no use shall be made or permitted rim be made of the de- mised prcmiscs, or nets -Mani, which will cause a cancellation of any insurance policy now or in the future covering the premises or any pan thereof or improvements to he con- structed thereon. nor shall Lessee sell. or permit to be kept. used. or sold. in or about the demised premises, any article which may be prohibited by the standard form of fire in- surance policies. Lessee shall. at its sole cosi. comply with all requirements pertaining to the demised premises of any insurance organization or company neccissary for the :Haim trounce of insurance, as herein provided. covering any building and appurtenances at any time located on the demised pm -mists. Ground Leaw—Goy/Hrolher Francis Shelter Page 1 of7 Atlachmenl to Ord. 1292 Case No. 12-037 Application Page 3 of 4 'ublic Hearing Item 7-D P&Z May 16, 2012 cs* sc.) elks • \c, a Case No. 12-037 Application Page 4 of 4 April 3, 2012 Mr. Monte Hawver Brother Francis Shelter Kodiak, Inc. PO Box 670 Kodiak, AK 99615 'ublic Hearing Item 7-D P&Z May 16, 2012 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 12-037. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. Dear Mr. Rawver: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referencedabove for Public Hearing at their May 16, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended. One week prior to the regular meeting, on Wednesday, May 9, 2012 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their case should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional. information. In advance, thank you for your cooperation. Sincerely, CnaQa Sheila Smith, Secretary Community Development Department Case No. 12-037 Public Comment Page 1 of 10 'ublic Hearing Item 7-D P&Z May 16, 2012 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April3,2012 Public Hearing Item 7-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 16, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12-037 APPLICANT: Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. REQUEST: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. LOCATION: Lot 15, Block 2, Kodiak Townsite Subdivision ZONING: B -Business This notice is being sent to you because our records indicate you are a property ownerfintereited party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, May 1, 2012 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396 or you may email then to ssmith(7n kodiakak,us. If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, May 9, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property description: Comments: Case No. 2-037 Public Comment Page 2 of 0 'ublic Hearing Item 7-D P&Z May 16, 2012 Current Location 410 Thorsheim St. P & Z Case 12-037 Brother Francis Shelter Kodiak, Inc. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in characterand impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot locatedin the B -Business zoning district. Kodiak Island Borough GIS Fcot 0 170 340 680 1 Legend Subject Parcel Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is provided for the purpose of showing the general location of a property within the Kodiak Island Borough. This map does not represent a survey. More information about the mapping data can be obtained by contacting the Kodiak Island Borough IT Department at (907) 486-9333. Case No. 12-037 Public Comment Page 3 of 10 DELONIO AGONOY 516 WILLOW ST KODIAK, AK 99615 WILLIAM ALEJANDRO 419 WILLOW ST. KODIAK, AK 99615 LAURENCE ANDERSON P.O. BOX 1013 KODIAK, AK 99615 MARK BLAKESLEE PO BOX 2356 KODIAK, AK 99615 WENDY BUNDY 650 VON SCHEELE WAY KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 HOBART DAWSON P.O. BOX 2039 KODIAK, AK 99615 LUDGER DOCHTERMANN PO BOX 714 KODIAK, AK 99615 ED VENTURES INC 11900 CANGE ST ANCHORAGE, AK 99516 TOMMIE ESTEP 314.HIGH ST KODIAK, AK 99615 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 MELVIN ALONZO 510 THORSHEIM ST KODIAK, AK 99615 ALAN AUSTERMAN 401 LIGHTFOOT AVE KODIAK, AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 CAROLYN STREET, LL 2702 DENAU ST, STE.100 ANCHORAGE, AK 99503 CECILE COSTELLO 315 THORSHEIM ST KODIAK AK 99615 JEFFREY DEBELL ETAL 22426 WOODWAY PARK RD WOODWAY, WA 98020 SAM EADS ETAL 419 CAROLYN ST #A KODIAK, AK 99615 EPISCOPAL MISSION STJMS 1205 DENALI WAY FAIRBANKS, AK 99701 FOREIGN MISSIONARY SOC 1205 DENAU WAY FAIRBANKS, AK 99701 'ublic Hearing Item 7-D P&Z May 16, 2012 STATE OF ALASKA , 00000 STEVEN.AMES P 0 BOX 2724 KODIAK, AK 99615 IMMANUEL BERGEE P0BOX 1945 KODIAK, AK 99615 ABELARDO BUGAREN 511 WILLOW KODIAK, AK 99615 ALEXIS CHICHENOFF JR PO BOX 1252 KODIAK, AK 99615 PAUUNO CRUZ ETAL 413 CEDAR ST KODIAK, AK 99615 AL DEGIES PO BOX 3115 ANDERSON, IN 46018 KYLE EATON PO BOX 2609 KODIAK, AK 99615 DANILO ERIBAL ETAL P 0 BOX 3317 KODIAK, AK 99615 ABERLARDO GALVEZ ETAL 417 WILLOW ST KODIAK, AK 99615 ? I Case No. 12-037 Public Comment Page 4 of 10 ublic Hearing Item 7-D vt&Z May 16, 2012 GARY GILBERT KJ HERMAN, JEFFREY JOHNSON G0 KAREN HEDGES PO BOX 3350 418 HILLSIDE DR PO BOX 182571 KODIAK, AK 99615 KODIAK, AK 99615. COLUMBUS, OH 43218 ROLLANDJONES CHARLES KING III KODIAKISLAND BOROUGH PO BOX 375 PO BOX 1573 710.MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK OIL SALES INC: PO 130X 240108 ANCHORAGE, AK 99524 JOHN LAIRD 410 HILLSIDE DR #4 KODIAK, AK 99615 MARTIN'LYDICK PO BOX 3243 KODIAK, AK 99615 MCDONALDS REAL ESTATE CO PO BOX 66207 AME, O'HARE CHICAGO, IL 60666 AGAPITO MIRANDA PO BOX 8264 KODLAK, AK 99615. PETER OLSEN PO B0X 554 KODIAK, AK 99615 GARY PETERSON B.O. BOX. nn KODIAK, AK 99615 DION ROY 412 WILLOW ST KODIAK, AK 99615 KODIAK WOMEN RESOURCE CN 422 HILLSIDE DR KODIAK, AK 99615 JOHN LINDBERG PO BOX KWP KODIAK, AK 99615 JESSEL MACAPJNLAC PO BOX 8065 KODIAK AK 99615 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 JOSEMONGE .410 WILLOW ST KODIAK, AK 99615 DANIEL OLSON 414 THORSHEIM ST KODIAK, AK 99615 RE LLA MAE CORPORATION SHELIKOF LODGE ADMIN OFFICE. 4128148TH AVE, NE REDMOND, WA 98052 RICHARD RIJBINA 421 CAROLYN ST KODIAK, AK 99615 NANCY KOTULA PO BOX962 KODIAK, AIC99615 WILLIAM LOY 417 CEDAR ST KODIAK, AK 996I5 RITA-MAHON 413 WILLOW ST KODIAK, AK 99615 STEVEN MILLER 1105 DOWNWIND DR FAIRBANKS, AK 99709 STEPHEN O'BRIEN 315 HIGH AVE KODIAK, AK 99615 PDG LLC 7730 CHARLOTTE CIRCLE ANCHORAGE, AK 99502 MILTON ROUTZAHN 1619 LARCH KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 Case No. 12-037 Public Comment Page 5 of 10 ALAN SKA W P.O. BOX 842 KODIAK, AK 99615 WES SKINNER 213 WILLOW CIRCLE KODIAK, AK 99615 PATRICA R & ANGELITO R TABON JOSE H TOSTADO ETAL PO:BOX '324 PO BOX 3021 KODIAK, AK 99615 KODIAK, AK 99615 RONALDO VALDEZ 423 WILLOW CIRCLE KODIAK, AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK, MC 99615 DEWAYNE WILLIAMS 415;CAROLYN ST KODIAK, AK 99615 'Public Hearing Item 7-D P&Z May 16, 2012 GENE SUNDBERG PA. BOX 346 KODIAK, AK 99615 UNITED STATES POSTAL SERVICE KODIAK, AK 99615 ROBERT WILLIAMS PO BOX 8346 KODIAK,:AK 99615 Case No. 12-037 Public Comment Page 6 of 10 'ublic Hearing Item 7-D P&Z May 16, 2012 Sheila Smith From: Paul Zimmer <kodiakzimmers@yahoo.com> Sent: Sunday, April 08, 2012 1:08 PM To: Sheila Smith Subject: Case 12-037 Brother Frances Shelter similar use determination My wife and I own a triplex at 417 Carolyn St in Kodiak, located within a few hundred feet of the Brother Frances Shelter. I serve on the board of directors of the Brother Frances Shelter, and am familiar with the plans for expansion. I believe that this expansion will not impact our triplex in any significant manner. It will, however, allow Brother Frances to better meet its mission. I urge Planning and Zoning to approve the request for a similar use determination. Paul Zimmer & Tia Leber 2000 Ridge Circle Kodiak AK 99615 Case No. 12-037 Public CommenfPage 7 Apr 10 12 10:03a Alaska One Realty, LLC blic Hearing Item 7-D P&Z May 16, 2012 (907) 486-5674 p.1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April 3, 2012 Public Hearing Item 7-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 16, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak. Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12-037 APPLICANT: Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. REQUEST: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining. meeting and office facilities on a lot located in the B -Business zoning district. LOCATION: Lot 15, Block 2, Kodiak Townsite Subdivision ZONING: B -Business This notice the request to the Community considered is being sent to you because our records indicate you are a property o nicrrinterested party in the arca of if you do not wish to testify verbally, you may provide your continents in the space below or in a leper Development Department. H'ritten comments must be received be 5 pest, Mav 1. 2012 to he by the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396 or you may email comments 486-3231. One week prior Kodiak Island Kodiak Island decision on at 486-9363.¢ 1'uur\time; them to ssmithfnkodiakak.us. If you would like to Testify via telephone, please call in your during the appropriate public hearing section of the meeting. The local enll-in telephone number is to the regular meeting, on Wednesday, May 9, 2012, a work session will be held at 6:30 p.m. in the Borough Conference Room (#121), to review the packet material for the case. Borough Code provides you with specific appeal rights if you disagree with the Commission's this request. If you have any questions about the request or your appeal rights, please feel free to call us !h , . Ij ,r/ I/ , (I /h /\\ [/ a,t `�- -Lt(�(� plaain,-,,\ddrehx: 4 (0 H411 .de t.J1�+&T Your property Comments: / /J1.(��i. ..— p(e description: LI 1 - ' cJ - in tut . ha n I1 w/+k . flray9lseel r. .vioa -. • tr--)i as 7"O . Case No. 12-037 Public Comment Page 8 of 10 ."ublic Hearing Item 7-D LLP&Z May 16, 2012 Sheila Smith From: KJ Herman <kjherman@hotmail.com> Sent: Monday, April 30, 2012 9:10 AM To: Sheila Smith Subject: Public Hearing Notice Regarding Case 12-037 Brother Francis Shelter. "I support Monte Hawyer's efforts on behalf of the Brother Francis Shelter to improve the overall well being of Kodiak" thank you, KJ Herman 309 High, Kodiak Case No. 12-037 Public Comment Page 9 of 10 'ublic Hearing Item 7-D P&Z May 16, 2012 scs% ��aelk1/4°(b9 Case No. 12-037 Public Comment Page 10 of 10 Public Hearing Item 7-D P&Z May 16, 2012 MEMORANDUM DATE: May 4, 2012 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the May 16, 2012 Regular Meeting CASE: 12-037 APPLICANT: Brother Francis Shelter Kodiak AGENT: Monte Hawver REQUEST: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B - Business zoning district LOCATION: 410 Thorsheim St., Kodiak Townsite Block 2 Lot 15. ZONING: B — Business Zoning District Seventy one (71) public hearing notices were mailed on ApriI3, 2012. Three (3) public hearing notices have been returned expressing non -objection. Date of site visit: Various 1. Zoning History: 2. Lot Size: 3. Existing Land Use: The 1968 Comprehensive Plan identified this parcel as B - Business. Department files indicate no further activity. 24,480 square feet Institutional (Homeless Shelter) 4. Surrounding Land Use and Zoning: North: Kodiak Townsite Block 13 Lot 1A Use: Single-family Residence Zoning: R-1 Single Family Residential Zoning District South: Erskine Addition Block 10A Use: City of Kodiak, Municipal Services Complex Zoning: PL -Public Use Zoning District East: Aleutian Homes Block 7 Lot 7 Use: Single Family Residence Zoning: R-1 Single Family Residential Zoning District West: Kodiak Townsite Block 14 Lot 22 Use: Single Family Residence Zoning: R-1 Single Family Residential Zoning District 5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan Update identifies this general area for Commercial / Business Use. Case No. 12-037 Staff Rpt Page 1 of 6 Public Hearing Item 7-D P&Z May 16, 2012 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough. Code are applicable to this request: KIBC 1715.090 — Similar Uses May Be Permitted A. Land uses other than those specifically permitted or conditionally permitted in a district may be allowed if they are similar to those listed and are found by the commission, after a public hearing, to be similar in character and impact. B. In all cases, the outdoor storage of materials and equipment is prohibited unless it is listed as a permitted or conditional use in a district. KIBC 17.90 — B -Business District 17.90.020 Permitted uses. The following land uses and activities are permitted in the business district: A. Accessory buildings ++ B. Assembly halls c. C. Art galleries D. Automobile repair garages and dealerships E. Banks F. Building material suppliers G. Dry-cleaning establishments H. Eating and drinking establishments I. Fraternal organizations and private dubs .1. Funeral parlors K. Gasoline service stations L. Government offices M. Hotels N. Laundry establishments 0. Libraries P. Machine shops Q. Marinas and boat moorage R. Mini -warehouses S. Motels T. Multiple -family dwellings 11. Museums V. Offices W. Outdoor storage X. Printing shops Y. Professional offices and clinics Z. Public parks and open spaces AA. Recreational related uses BB. Retail stores and services CC. Single-family and two-family dwellings, if located within a structure containing a permitted business use, not exceeding 50 percent of the area of the structure, and not located on the street level of the structure except that an owner -occupied single-family dwelling may be allowed within a street level business structure, so long as the residential portion is predominantly located in the rear of the structure (away from the commercial building facade(s) for corner and multi -frontage lots), the use of the dwelling is subsidiary and incidental to the principal commercial use, and there is no indication, other than a separate entrance on the street level building facade, that a residential use is located within the structure DD. Theaters; and EE. Radio stations 17.90.030 Conditional uses. The following land uses and activities may be allowed by obtaining a conditional use permit in accordance with the provisions of Chapter 17.200 KIBC: A. Churches B. Hospitals C. Recreational vehicle parks; and D. Warehouses 17.215.020 Commencement of appeal — Stay. Case No. 12-037 Staff Rpt Page 2 of 6 Public Hearing Item 7-D P8/Z May 16, 2012 A. A decision of the commission is final unless an appeal of the decision is made within 10 working days after the decision by the commission to the board of adjustment. 17.225.020 Powers of the board C. Appeals from the decisions of the commission on requests for variances from the terms of the zoning ordinances and from findings as may be required by sections of this title (empnosisadded) 17.225.030 Persons who may appeal A written decision of the commission granting or denying approval under the requirements of this title may be appealed by: A. The applicant; or B. Any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the commission. Staff Comments The Saint Francis Shelter Kodiak facility received conceptual approval in April 1988 when the Planning & Zoning Commission granted' a Request for Exception from Section 17.21. 020 (Permitted Uses) of the Borough Code to permit a shelter for the homeless to locate in a B --Business Zoning District on Lot I, Block 15, Kodiak Townsite; 411 Cedar Street. In staff's opinion, the most salient finding of fact supporting the decision was: B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.21, the B --Business Zoning District. First of all, the use characteristics of the proposed shelter are similar to a hotel and/or motel, which are permitted business uses. Therefore, the proposed use may be permitted as a similar use pursuant to Section 17.03.090 (emphasis added) because, as described in (A) above, the use should not be detrimental to the welfare of the community. Additionally, a number of permitted uses in the B --Business Zoning District are much more intensive activities than the shelter as measured in terms of traffic generation, noise, parking, hours of operation, etc. The rationale of applying the exception procedure as the standard of review, rather than the similar use procedure, is not documented in the case file and has precipitated this review. The exception procedure has previously been found to be administratively flawed and has been removed from Title 17 — Zoning. However, as in the current case, there are a number of properties that have been developed pursuant the exception procedure and must nonetheless be subject to the regulatory structure of the zoning ordinance. KIBC 17.140 Existing Nonconforming Uses and Structures, 090 — Exceptions provides, "When a lot, structure, or use was authorized by the provisions of former Chapter 17.65 KIBC concerning an application for an exception, but which does not meet the current requirements of this title, it shall be considered to have nonconforming status and be permitted to continue within the limits set forth in this chapter". 'Variance Case No. 88-020 Appendix page 2 of 5. 2-437_=51 Public Hearing Item 7-D P&Z May 16, 2012 KIBC 17.140.010 Explanation C —Nonconforming Uses, further identifies the nonconformity as a nonconforming use by providing "The use to which land and/or structures is being put is not a permitted or conditional use in the land use district in which it is located". As defined in KIBC 17.25.090 H: "Hotel" means any building or group of buildings in which there are six or more guest rooms used, designed, or intended to be used for the purpose of offering to the general public food, lodging, or both, on a day-to-day basis. And, The Latest Illustrated Book of Developmental Definitions defines homeless shelter as, "A facility providing temporary housing to indigent, needy, or homeless persons. These two definitions, in conjunction with the previous finding of the Planning & Zoning Commission that "the use characteristics of the proposed shelter are similar to a hotel and/or motel" are sufficient to establish that the use is essentially commercial, and not residential. The regulatory burden which must be overcome if the Brother Francis Shelter Kodiak is to successfully complete its plans for expansion is KIBC 17.140.050 D, which provides "Structurescontaining nonconforming nonresidential uses may not be expanded". Similar use determinations are permitted at the Commission's discretion under KIBC 17.15.090. The petitioner has requested a similar use determination finding that a homeless shelter is 'similar in character and impact to a permitted hotel use. Title 17 of the Kodiak Island Borough, Code of Ordinances does not define "character and impact". Nor does it provide guidance in the form of stated intent. The Commission's discretion necessarily includes a great deal of latitude in interpreting the meaning of "character and impact", and, in the application of guidance found elsewhere in the Code of Ordinances generally, and Title 17 specifically. KIBC 1.10.010 Grammatical interpretation, provides "Words and phrases shall be construed according to the rules of grammar and according to the common and approved usage. Technical words and phrases, and those which have acquired a peculiar and appropriate meaning whether by legislative definition or otherwise, shall be construed according to the peculiar and appropriate meaning." The department has previously determined this passage to mean that in the case where our local zoning ordinance is silent with respect to a term or clause peculiar to Title 17, the appropriate action is to reference technical works in the field of community planning. Historically, the department has relied upon the The Latest Illustrated Book of Development Definitions2, as the principal reference. 2 Moskowitz and Lindbloom, the State Univ. of New Jersey, Center for Urban Policy Research, 2004. Case No. 12-037 Staff Rpt Page 4 of 6 Public Hearing Item 7-D P&Z May 16, 2012 As defined, (bid)character is "Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its interest and/or individuality". The Brother Francis Shelter Kodiak facility is located adjacent to the City of Kodiak's Fire Department, Library, and Teen Center complex, and by extension, the USPS Post Office facility. It is also located approximately 250 feet north of the Shelikof Lodge hotel / restaurant. Structurally a frame -built building, it is un -imposing in regards to architectural design; it does not present any noteworthy detail and certainly does not qualify as an edifice3. Although it is located in a gateway position in relation to a purely residential subdivision, it is separated from the subdivision by a right of way (Thorsheim St.) and buffered by excess land recently acquired from the City of Kodiak in a lease renewal. There is no indication that thefacility is atypical with regards to physical appearance or appears out -of -place within the neighborhood. As defined, "id) impact analysis is "A study to determine the potential direct or indirect effects of a proposed development on activities, utilities, stormwater runoff, circulation, surrounding land uses, community facilities, environment, and other factors. The Brother Francis Shelter Kodiak facility was occupied in June 1991. The facility has not been the subject of any recorded complaints regarding occupancy or negative impact to surrounding properties. The facility is served by municipal water and sewer, paved streets on two sides, and may have the capability of providing on-site parking in excess of the required ten (10) spaces. Shelter management has demonstrated a pro -active policy towards the issue of loitering. With the lease renewal (additional land area), shelter management will be able to expand its reach in this regards. 3 Building; especially: a large or massive structure, the Merriam Webster Online Dictionary. Case No. 12-037 Staff Rpt Page 5 of 6 Public Hearing Item 7-D P&Z May 16, 2012 RECOMMENDATION Staff recommends that a shelter for the homeless be found similar in both character and impact to a permitted hotel use in the B — Business Zoning District. APPROPRIATE MOTION Should the Commission agree with staffs recommendation, the appropriate motion is: Move to grant A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district, subject to one condition of approval, and to adopt findings of fact in the staff report dated May 4, 2012, as Findings of Fact for Case No. 12-0037. Conditions of Approval 1. The applicant is required to present an updated site and parking plan that incorporates the increased lease area prior to obtaining zoning compliance for the expansion. Findings of Fact Findings of fact in support of this decision are: 1. This similar use determination is based upon the information submitted by the applicant, and review of the applicable zoning requirements and land use characteristics. 2. The proposed addition to the homeless shelter is not for the purpose of expanding the client base. 3. The proposed addition is for the purpose of more efficiently and humanely serving the existing homeless population. 4. This Similar Use Determination is a reasonable accommodation for the purpose of addressing the needs of the existing homeless population. 5. This Similar Use Determination is specific to the Brother Francis Shelter Kodiak facility located at 410 Thorsheim St. Case No. 12-037 Staff Rpt Page 6 of 6 'ublic Hearing Item 7-0 P&Z May 16, 2012 Kodiak Island Borough 710 MIU. BAY ROAD KODIAK„ALASKA 99615.6340 PHONE (907) 486.5736 April 21, 1988. Berton Beukers, Manager City of Kodiak Box 1397 Kodiak, Alaska 99615 RE': CASE 88-020. Request for an exception from. Section 17:21.020 (Permitted Uses)- of the Borough Code to permit.a shelter for the homeless to locate in a B --Business Zoning 'District On Lot 1, Block 15, Kodiak. Townsite; 411 Cedar Street.. (City of Kodiak) Dear Mr. Beukers: The Kodiak Island Borough planning and Zoning Commission at. their meeting on April 20, 1988,. .granted :conceptual approval for the.e*ception cited above subject to the following conditions: 1. The specific location of the shelter on the site will beestablished through the zoning compliance and'building permit processes, 2. The vacation and rep'lat of Lots, 120 through 129, Block 10, Erskine 'Subdivision, O.S. Survey 562; Lots 1 through 4,, Thorsheim Subdivision,LLS:. Survey 2537B; and Block 15, Kodiak Townsite, O.S. Survey 25378 (Case S-84-019) shall be,filed prior to issuance of a certificate of occupancy for the shelter. 3. Prior to 'leaning zoning compliance, the overall perking ,plan for this facility and adjoining City of Kodiak facilities (jail, fire, station, police station, library, and teen center) be revised to eliminate all spaces within the Cedar Street right-of=way and redesignated so that all spaces have adequate maneuvering xoom, adequate aisle widths, correct space dimensions, and do not interfere with power pole down guys. The existing fencing shall Also : be removed. 4. All required off-street parking described above shall be provided prior to issuance of a certificate of occupancy for the shelter unless a parking variance .is first granted by the Kodiak- Isiand Borough Planning ..and Zoning Commies/oh. The Commission also adopted the following findings of .fact in support of their decision: 1. That the use as proposed .in the application, or under appropriate conditions or restrictions, will not '(A)' endanger the puhlic's health, safety or general Case No. 12-037 Appendix Page 1 of 5 'Public Hearing Item 7-D P&Z May 16, 2012 Kodiak Island Borough Herman Bankers, Man City of Kodiak April 21, 1988 Page .Two welfare; (B) be inconsistent with the general purposes and intent of this, title -and '(C) adversely impact other -properties or. uses in the neighborhood. A. l appears that the proposed use will enhance rather than endanger the. public's health, safety, or general welfare. A,sheiter for the homeless will provide a direct benefit to the health, safety,, and welfareof street people and provide indirect benefits to the community at large by providing a single safe and clean environment for shelter. B. The proposed use will be consistent with the, general purposes and intent of. Title 17 and with the specific, description and intent of Chapter 17.21. the B --Business Zoning District. First of all, the use characteristics of the proposed, shelter are similar to a hotel and/or motel, which ate permittedbusiness uses.Therefore, the proposed use may be permittedas a similar use pursuant to Section 17.03.090 because, as, described in (A) above, the use should not be detrimental to the welfare of the community. Additionally, a ,number. of PeTmitted uses in the B -Business Zoning -District are, much ,more intensive activities than the shelter. as measured in tarts of traffic generation, noise, parking, hours of operation, etc. The proposed use•.sheuld not adversely impact other properties or uses im the neighborhood.. A number of public facilities, are located nearby and the shelter should have minimal impacts in comparison.. Locating the shelter at this.location provides the additional benefit of proximity to the police station. The proposed location will consolidate rather than disperse public facilities throughout the community and is within walking distance of downtown. Traffic impacts will be very small, probably staff only. THIS APPROVAL•DOES140T ALLOW ANY CONSTRUCTION TO BEGIN. You must first obtain zoning compliance and/or a building permit. Please Contact. this office for further details. An appeal of this decision may be initiated by any person or patty aggrieved .by filing a written notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific Case No. 12-037 Appendix Page 2 of 5 public Hearing Item 7-D P&Z May 16, 2012 ?y v Herman Bookers, Manager City ofKodiak Aptil 21., 1988. Page Three Kodiak Island Borough ground& for, the appeal. Therefore, the Commission's decision will not be final andeffective until ten days''. following the decision. Failure. to utilize .this exception within 12 months after its effective. date shall cause its cancellation. Please bring this letterwith you when you .cometo our office- to'obtai'n zoning' compliance for anyconstruction on your lot. If you have any questions about the action of the Commission, please contact me. Sincerely, tte G`- Linda Fteed,Diector Community Development Department Case No. 12-037 Appendix Page 3 of 5 Jan. 30. 1990 ,'ublic Hearing Item 7-D P&Z May 16, 2012 Parking Determination for Kodiak City Complex (Lots 122-126, Block 10, Erskine Subd. and Lot 2, Block 15, Kodiak Townsite): Spaces Available: 16 (behind library) 40 (vacated jail addition) 21 (police, existing) 1 (fire chief) 12 (library) 9 (teen center) 10 (along fence) 55 (Lot 2, Block 15) 164 total spaces available Spaces Required: 70 (teen center) 25 (library) •8 (fire dept.) 20 (police dept.) 8 (existing jail) 10. (homeless shelter) 141 total spaces required Parking Determination for Homeless Shelter: Total square footage designated dorm space upstairs: 1248 sq. ft. Total square footage potential dorm space downstairs: 1728 sq. ft. To determine parking requirements, the Homeless Shelter is classified by staff as a use similar to a "hotel" since it meets that definitidon (KIBC 17.06.330). The parking requirement for a hotel is one (1) parking space for every three (3) guest rooms. By definition, a guest room is 100 square feet, or fraction thereof, of floor area used for sleeping purposes (17.06.310). Based on the total square footage of 4E designated and potential dorm space (2976 square feet), the shelter consists of thirty (30) guest rooms and therefore is required to provide ten (.10) parking spaces in addition to one (1) Type °B" loading berth. The parking spaces and the loading berth are illustrated on the attached site plan of the shelter footprint on Lot 2, Block 15, Kodiak Townsite. Case No. 12-037 Appendix Page 4 of 5 0 CD m % o- N O G.) "CS (D X TJ to cci 0: •P! 01 . "4414,03 /r?,67f �D ANK -/5 ,LOCK / 5 .s (7a e = REMoVEJ) _. .- '' •:pito Mot' TEo 90 c XGMP N cr N = C- `< 0 Q) a) m. PROPCiSED 75 �--- .� N 0 _uGE 3 _----- - "' r o -- N.,3 5PUGS VAULT .A1/774 C ONMRETE ) CEDAQ RE -E- 34/ 0 Shelia Smith From: KJ Herman <kjherman@hotmail.com> Sent: Monday, April 30, 2012 9:10 AM To: Sheila Smith Subject: Public Hearing Notice Regarding Case 12-037 Brother Francis Shelter. "I support Monte Hawyer's efforts on behalf of the Brother Francis Shelter to improve the overall well being of Kodiak" thank you, 10 Herman 309 High, Kodiak Apr 10 12 10:03a Alaska One Realty, LLC L. 1 (907) 486-5674 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April 3,2012 p.1 Public Hearing Item 7-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 16, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE; 12-037 APPLICANT: Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. REQUEST: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. LOCATION: Lot 15, Block 2, Kodiak Townsite Subdivision ZONING: B -Business This notice is being sent to yon because our the request. If yov do not wish to testify verbally, to the Community Development Department. considered by the commission. If you would records indicate you are a property owneriintcrested parry in the arca of you may provide your comments in the space below or in a letter Written comments must he received by 5 pmt, May 1. 2012 to he like to fax If you your would May the Mailing comments to us, our fax number is: (907) 486-9396 or like to testify via telephone, please call in your of the meeting. The local call-in telephone number is 9, 2012, a work session will be held at 630 p.m. in the the packet material for the case. appeal rights if you disagree with the Commission's rcqucst or your appeal rights. please fecl free to call us I c I Address: Lilo '1,�(de bre*9. you may email them to ssmith(ulkodiakak.us. comments during the appropriate public (tearing section 486-3231. One week prior to the regular meeting, an Wednesday, Kodiak Island Borough Conference Room (#121), to review Kodiak Island Borough Code provides you with specific decision on this request. If you have any questions about at 486-9363. n .J �t . • Ij �L , / Your Name: I UM `& `//��.ct'1/K Itrct Tour property description: " f —pf eJC "Comments: ! .t (,t�L_ 1411-10P . (�holra P//f h'i. I..r1 i propeig-ed i Sheila Smith From: Paul Zimmer <kodiakzimmers@yahoo.com> Sent: Sunday, April 08, 2012 1:08 PM To: Sheila Smith Subject: Case 12-037 Brother Frances Shelter similar use determination My wife and I own a triplex at 417 Carolyn St in Kodiak, located within a few hundred feet of the Brother Frances Shelter. I serve on the board of directors of the Brother Frances Shelter, and am familiar with the plans for expansion. I believe that this expansion will not impact our triplex in any significant manner. It will, however, allow Brother Frances to better meet its mission. I urge Planning and Zoning to approve the request for a similar use determination. Paul Zimmer & Tia Leber 2000 Ridge Circle Kodiak AK 99615 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 (907) 486-9363 April 3, 2012 Public Hearing Item 7-D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 16, 2012. The meeting will begin at 6:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments if any, on the following request: CASE: 12-037 APPLICANT: Monte Hawver, Executive Director of Brother Francis Shelter Kodiak, Inc. REQUEST: A Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. LOCATION: Lot 15, Block 2, Kodiak Townsite Subdivision ZONING: B -Business This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received bv 5 pm, May 1, 2012 to be considered bv the commission. If you would like to fax your comments to us, our fax number is: (907) 486-9396 or you may email them to ssmithnkodiakak.us If you would like to testify via telephone, please call in your comments during the appropriate public hearing section of the meeting. The local call-in telephone number is 486-3231. One week prior to the regular meeting, on Wednesday, May 9, 2012, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the packet material for the case. Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us at 486-9363. Your Name: Mailing Address: Your property deseription: Comments: Current Location 410 Thorsheim St. P & Z Case 12-037 Brother Francis Shelter Kodiak, Inc. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in characterand impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot locatedin the B -Business zoning district. Kodiak Island Borough GIS 0 Feet 170 340 r ) t 680 Legend Subject Parcel Notification Area This map was prepared from the Kodiak Island Borough's GIS System. It is pmv diad for the purpose of showin the general location of a property w1 tun the Kodiak )nand Borough. This map does trot represent a survey. More kdormation about the mapping data can be obtained by contacting the Kodak Island Borough IT Department at 097)4869333. DELONIO AGONOY 516 WILLOW ST KODIAK, AK 99615 WILLIAM ALEJANDRO 419 WILLOW ST. KODIAK, AK 99615 LAURENCE ANDERSON P.O. 130X 1013 KODIAK, AK 99615 MARK BLAKESLEE PO BOX 2356 KODIAK, AK 99615 WENDY BUNDY 650 VON SCHEELE WAY KODIAK, AK 99615 CITY OF KODIAK P.O. BOX 1397 KODIAK, AK 99615 HOBART DAWSON P.O. BOX 2039 KODIAK, AK 99615 LUDGER DOCHTERMANN PO BOX 714 KODIAK, AK 99615 ED VENTURES INC 11900 CANGE ST ANCHORAGE, AK 99516 TOMMIE ESTEP 314 HIGH ST KODIAK, AK 99615 AJA KODIAK PROPERTIES, LLC 507 2ND AVE FAIRBANKS, AK 99701 MELVIN ALONZO 510 THORSHEIM ST KODIAK, AK 99615 ALAN AUSTERMAN 401 LIGHTFOOT AVE KODIAK, AK 99615 KEVIN BRENNICK 610 LOWER MILL BAY RD KODIAK, AK 99615 CAROLYN STREET, LLC 2702 DENALI ST, STE. 100 ANCHORAGE, AK 99503 CECILE COSTELLO 315 THORSHEIM ST KODIAK, AK 99615 JEFFREY DEBELL ETAL 22426 WOODWAY PARK RD WOODWAY, WA 98020 SAM EADS ETAL 419 CAROLYN ST #A KODIAK, AK 99615 EPISCOPAL MISSION ST JMS 1205 DENALI WAY FAIRBANKS, AK 99701 FOREIGN MISSIONARY SOC 1205 DENALI WAY FAIRBANKS, AK 99701 STATE OF ALASKA , 00000 STEVEN AMES P O BOX 2724 KODIAK, AK 99615 IMMANUEL BERGEE PO BOX 1945 KODIAK, AK 99615 ABELARDO BUGARIN 514 WILLOW KODIAK, AK 99615 ALEXIS CHICHENOFF JR PO BOX 1252 KODIAK, AK 99615 PAULINO CRUZ ETAL 413 CEDAR ST KODIAK, AK 99615 AL DEGIES PO BOX 3115 ANDERSON, IN 46018 KYLE EATON PO BOX 2609 KODIAK, AK 99615 DANILO ERIBAL ETAL PO BOX 3317 KODIAK, AK 99615 ABERLARDO GALVEZ ETAL 417 WILLOW ST KODIAK, AK 99615 7l GARY GILBERT KJ HERMAN, JEFFREY JOHNSON C/O KAREN HEDGES PO BOX 3350 418 HILLSIDE DR PO BOX 182571 KODIAK, AK 99615 KODIAK, AK 99615 COLUMBUS, OH 43218 ROLLAND JONES CHARLES KING III KODIAK ISLAND BOROUGH PO BOX 375 PO BOX 1573 710 MILL BAY RD KODIAK, AK 99615 KODIAK, AK 99615 KODIAK, AK 99615 KODIAK OIL SALES INC PO BOX 240108 ANCHORAGE, AK 99524 JOHN LAIRD 410 HILLSIDE DR #4 KODIAK, AK 99615 MARTIN LYDICK PO BOX 3243 KODIAK, AK 99615 MCDONALDS REAL ESTATE CO PO BOX 66207 AMF, O'HARE CHICAGO, IL 60666 AGAPITO MIRANDA PO BOX 8264 KODIAK, AK 99615 PETER OLSEN PO BOX 554 KODIAK, AK 99615 GARY PETERSON P.O. BOX 1221 KODIAK, AK 99615 DION ROY 412 WILLOW ST KODIAK, AK 99615 KODIAK WOMEN RESOURCE CN 422 HILLSIDE DR KODIAK, AK 99615 JOHN LINDBERG PO BOX KWP KODIAK, AK 99615 JESSEL MACAPINLAC PO BOX 8065 KODIAK, AK 99615 THOMAS MERRIMAN P.O. BOX 1155 KODIAK, AK 99615 JOSE MONGE 410 WILLOW ST KODIAK, AK 99615 DANIEL OLSON 414 THORSHEIM ST KODIAK, AK 99615 RELLA MAE CORPORATION SHELIKOF LODGE ADMIN OFFICE 4128 148TH AVE, NE REDMOND, WA 98052 RICHARD RUBINA 421 CAROLYN ST KODIAK, AK 99615 NANCY KOTULA PO BOX 962 KODIAK, AK 99615 WILLIAM LOY 417 CEDAR ST KODIAK, AK 99615 RITA MAHON 413 WILLOW ST KODIAK, AK 99615 STEVEN MILLER 1105 DOWNWIND DR FAIRBANKS, AK 99709 STEPHEN O'BRIEN 315 HIGH AVE KODIAK, AK 99615 PDG LLC 7730 CHARLOTTE CIRCLE ANCHORAGE, AK 99502 MILTON ROUTZAHN 1619 LARCH ST KODIAK, AK 99615 GRETCHEN SAUPE P.O. BOX 1194 KODIAK, AK 99615 ALAN SKAW P.O. BOX 842 KODIAK, AK 99615 WES SKINNER 213 WILLOW CIRCLE KODIAK, AK 99615 PATRICA R & ANGELITO R TABON JOSE H TOSTADO ETAL PO BOX 324 PO BOX 3021 KODIAK, AK 99615 KODIAK, AK 99615 RONALDO VALDEZ 423 WILLOW CIRCLE KODIAK, AK 99615 PAUL ZIMMER ETAL 2000 RIDGE CIRCLE KODIAK, AK 99615 DEWAYNE WILLIAMS 415 CAROLYN ST KODIAK, AK 99615 GENE SUNDBERG P.O. BOX 346 KODIAK, AK 99615 UNITED STATES POSTAL SERVICE KODIAK, AK 99615 ROBERT WILLIAMS PO BOX 8346 KODIAK, AK 99615 Bureau of Land Management 4700 BLM Rd. Anchorage, AK 99507 April 3, 2012 Mr. Monte Hawver Brother Francis Shelter Kodiak, Inc. PO Box 670 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kodiakak.us Re: Case 12-037. Request a Similar Use Determination, according to 17.15.090.A, that a nonconforming homeless shelter use is similar in character and impact to a permitted hotel or single -resident occupancy for the purposes of allowing an expansion of the shelter's kitchen, dining, meeting and office facilities on a lot located in the B -Business zoning district. Dear Mr, Hawver: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their May 16, 2012 regular meeting. This meeting will begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this meeting is not mandatory but recommended, One week prior to the regular meeting, on Wednesday, May 9, 2012 at 6:30 p.m. in the Borough Conference Room (#121), the Commission will hold a packet review work session for the purpose of reviewing packet materials and staff summaries of cases scheduled for the regular meeting. The public is welcome to attend the packet review work session; however, the work session is not for the purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related to their ease should appear at the Public Hearing during the Regular Meeting and present such information in person. Please contact the Community Development Department at 486-9363 if we can answer any outstanding questions or provide additional information. In advance, thank you for your cooperation. Sincerely, z,.CO- gn i Sheila Smith, Secretary Community Development Department Kodiak Island Borough Community Development Department 710 Mill Bay Rd. Rm 205, Kodiak, AK 99615 Ph. (907) 486 - 9362 Fax (907) 486 - 9396 http://www.kodiakak.us Submit by Email Print Form Application for a Similar Use Determination Perl03C17.15.090k°land usesoiberthandmesPeac ypermiuedorcatditionalypennttedinc district may bedliorved d rheyaresimilarto those listed and areroundby Oxcomminion, aRera public heamrg, la besimilorin charaaerand impact. A•plicant Information: Property Owner/Applicant: Brother Francis Shelter Kodiak, Inc. Mailing Address: P.O. Box 670 Phone Number. 486-5610 Other Contact email, etc: Agent &/or Surveyor. Mailing Address: Phone Number. Other Contact email, etc.: Property Information: Legal Description: Current Zoning: Applicable Comprehensive Plan: Present Use of Property bfskinc@yahoo.com Monte Hawver, Executive Director X110 Tlaprthotm PA1I? Frit 2- 2012 KodiaKfsIanddorouph FinanceDepathnant subsv Kodiak Townsite Block 15 business zoning "exception" Lot: 2 homeless shelter Proposed Use of Property (use additional sheets, Itneeded, to provide a complete description): Brother Francis Shelter Kodiak is going to use the shelter facility for the exact same use it has always been used for; sheltering and feeding the homeless and homeless prevention services. We are not expanding these services or adding additiona: services. We are simply adding a commercial kitchen and code. 34)_/-”, y 4 47 '/j/old en. i%$066 =poi) e wag/,/ ;Q 19Ce 107 dining hall to meet Date: Z.- Signature: PaynienttferifiaticAll Fee Payable in Cashier's Office Room # 104 - Main Floor of Borough Building Date: Similar Use Determination per KIBC 17.15.090 A: in CDD Staff: r 5150.00 1:2-ot�17