KODIAK TWNST BK 16 LT 13C - VarianceJames & Linda Koob
109 Natalia Way
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
June 18, 1992
RE: Case 92-015. Request for a variance from Sections 17.20.040
(Yards) and 17.36.040 (Non -conforming Structures) of the Borough
Code:
1) to allow an additional three (3) foot projection into the existing
six (6) foot rear setback; and
2) to permit the extensive remodeling/reconstruction of an
existing non -conforming single-family residence, which will
permit the value of the reconstruction to exceed fifty (50)
percent of the replacement value of the structure. Lot 13C,
Block 16, Kodiak Townsite, 113 Natalia Way
Dear Mr. & Mrs. Koob:
The Kodiak Island Borough Planning and Zoning Commission at their
meeting on June 17, 1992, denied the variance request cited above.
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
or gave oral testimony at the public hearing before the Commission, by filing
a written notice of appeal with the Borough Clerk within ten (10) working
days of the date of the Commission's decision. The notice of appeal must
state the specific grounds for the appeal and the relief sought by the
appellant. Therefore, the Commission's decision will not be final and
effective until ten (10) working days following the decision.
The Commission adopted the following findings of fact in support of their
decision:
1. Exceptional physical circumstances or conditions applicable to the
property or intended use of development, which generally do not apply
to other properties in the same land use district.
Kodiak Island Borough
James & Linda Koob
June 18, 1992
Page Two
A. The exceptional physical conditions applicable to the property
include the lot's nonconforming size (2,028 square feet),
nonconforming lot width (about 47 feet), the steep topography of
the area surrounding the lot and the location of the existing
structure on the lot where it encroaches the setbacks on three
sides. These conditions generally do not apply to other lots in the
R3--Mulitfamily Residential zoning district.
B. There are no exceptional physical circumstances applicable to the
property or intended use of development that would justify a
variance from the requirements of Section 17.36.040
(Nonconforming Structures) of the Borough Code. Some of the
very things that justify a variance from dimensional
requirements, as noted above for example, are the same things
that define a nonconforming lot and/or structure. If these same
conditions are used to justify a variance then it would seem that
any nonconforming lot or structure would, by definition, qualify
for a variance.
2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
A. Strict application of the zoning ordinances would not permit the
additions to this structure because an additional encroachment
into the rear setback would be required. This constitutes an
unnecessary hardship as there are many other nonconforming
structures in this part of Kodiak which encroach the setbacks and
in some cases property lines.
B. Strict application of the zoning ordinances would not permit the
extensive remodel of the existing dwelling if the value of
construction exceeds $34,937.50. As long as this standard is
fairly and equally applied to all nonconforming properties, the
application of the zoning ordinances will not result in
unnecessary hardships. Development and improvement of
structures on nonconforming lots will almost always involve
Kodiak Island Borough
James & Linda Koob
June 18, 1992
Page Three
some level of practical difficulty. In this case, it appears as
though the proposed remodel will be so extensive that it will
involve an almost total reconstruction of the dwelling in order to
support the enlarged second floor. The intent of the code is to
require nonconforming structures that require this much
reconstruction to be rebuilt in accordance with the existing codes.
3. The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the
public's health, safety and welfare.
A. The granting of the variance may cause material damages or
prejudice to other properties in the vicinity. The dwelling does
not presently provide for any off-street parking. Since the
previous variance request, which proposed two (2) off-street
parking spaces, the code has changed to require three (3) off-
street parking spaces per dwelling unit. By the code change the
existing structure has become more nonconforming. While there
is no direct correlation between parking need and dwelling size, it
appears that a increase in floor area will potentially increase
parking need, if not by the present property owners then by
subsequent property owners.
B. Granting a variance to allow extensive remodeling, if the
remodeling would cost more than 34,937.50 dollars, would be
prejudicial to other properties in the vicinity. If a variance were
justified, how would the Commission determine the dollar
amount the property owners could exceed the limit required by
code? Without a standard method, the Commission over time
may render different decisions based on changes in composition
of the Commission. This is unfair and prejudicial to the public as
a whole.
4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
Kodiak IslandBorough
James & Linda Koob
June 18, 1992
Page Four
A. The comprehensive plan calls for this area to become Central
Business District at some point in the future. Staff believes that
the plan is out of date for this area. Although the location is very
close to downtown Kodiak, the topography in this area is not
encouraging for commercial development. In addition, this area
is a long established residential district and it is doubtful that this
type of land use will change in the near future.
B. The granting of a variance from Chapter 17.36 requirements, as
they apply to nonconforming lots and structures, would not relate
in any way to the objectives of the comprehensive plan.
5. That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by the variance.
A. The actions of the applicant have not caused the conditions from
which relief is being sought by this variance. The variance will
be decided before the applicant takes any further action on the
proposed renovation. It appears that some work has been done
on the structure without benefit of permits. To the extent that
permits can be issued after the fact, the property owner should
get the proper permits and inspections to insure that these
improvements are consistent with the current Uniform Building
Code requirements.
B. The actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by variance.
The structure was nonconforming when the present owners
acquired the property. Had the property owners investigated the
situation at the time of purchase, they would have discovered the
extent to which further development of this property is limited.
6. That the granting of the variance will not permit a prohibited land use
in the district involved.
Kodiak Island Borough
James & Linda Koob
June 18, 1992
Page Five
A. The granting of a variance will not permit a prohibited land use
in the district involved. Single-family dwellings are a perrnitted
use in the R3--Mulitfamily Residential zoning district.
B. Same as above.
If you have any questions about the action of the Commission, please contact
the Community Development Department at 486-9362. ,
Sincerely,
Eileen Probasco, Secretary
Community Development Department
Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies
this area for Medium Density Residential development.
The addition will not increase the existing density or
change the existing land uses.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is
being sought by the variance.
In this case, actions of the applicants have not caused
any special conditions or financial hardship from which
relief is being sought by variance. The applicant will
take no action until the variance has been decided by the
Conunission.
6. That the granting of the variance will not permit a,
prohibited land use in the district involved.
Additions to single-family dwellings are permitted in the
R1 -Single-family Residential zoning district.
The MOTION was seconded and CARRIED by unanimous roll
call vote.
E) Case 92-0154 Request for a variance from Sections 17.20.040.
(Yards) and 17.36.040 (Non -conforming Structures) of the
Borough Code:
1) to allow an additional three (3) foot projection into the
existing six (6) foot rear setback; and
2) to permit the extensive remodeling/reconstruction of an
existing non -conforming single-family residence, which
will permit the value of the reconstruction to exceed fifty
(50) percent of the replacement value of the structure.
Lot 13C, Block 16, Kodiak Townsite, 113 Natalia Way
DUANE DVORAK indicated 25 public hearing notices were
mailed for this case and none were returned. Staff
recommended denial of this request.
Regular Session Closed.
Public Hearing Opened:
Linda Koob, applicant, appeared before the Commission and
expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a variance
from Sections 17.20.040 (Yards) of the Borough Code to allow
an additional three (3) foot projection into the existing six (6)
foot rear setback for a dwelling on Lot 13C, Block 16, Kodiak
Townsite Subdivision.
P &Z Minutes: June 17, 1992 Page 10 of 22
The MOTION was seconded and FAILED by a roll call vote of
4-2. COMMISSIONERS HEINRICHS AND FRIEND voted YES.
COMMISSIONER HEINRICHS MOVED TO GRANT a variance
from Section 17.36.040 (Non -conforming Structures) of the
Borough Code to permit the extensive
remodeling/reconstruction of an existing non -conforming
single-family residence, which will permit the value of the
reconstruction to exceed fifty (50) percent of the replacement
value of the structure located on Lot 13C, Block 16, Kodiak
Townsite Subdivision.
The MOTION was seconded and FAILED by unanimous roll
call vote.
COMMISSIONER HEINRICHS MOVED TO ADOPT the findings
A for the first variance requested and findings B for the second
variance requested, contained in the staff report dated June 4,
1992, as "Findings of Fact" for this case.
FINDINGS OF FACT
1. Exceptional_ physical circumstances or conditions
applicable to the property or intended use of
development. which generally do not apply to other
properties in the same land use district.
A. The exceptional physical conditions applicable to
the property include the lot's nonconforming size
(2,028 square feet), nonconforming lot width (about
47 feet), the steep topography of the area
surrounding the lot and the location of the existing
structure on the lot where it encroaches the
setbacks on three sides. These conditions
generally do not apply to other lots in the R3--
Mulitfamily Residential zoning district.
B. There are no exceptional physical circumstances
applicable to the property or intended use of
development that would justify a variance from the
requirements of Section 17.36.040 (Nonconforming
Structures) of the Borough Code. Some of the very
things that justify a variance from dimensional
requirements, as noted above for example, are the
same things that define a nonconforming lot and/or
structure. If these same conditions are used to
justify a variance then it would seem that any
nonconforming lot or structure would, by
definition, qualify for a variance.
2. Strict application of the zoning ordinances would result
in practical difficulties or unnecessary hardships,
A. Strict application of the zoning ordinances would
not permit the additions to this structure because
an additional encroachment into the rear setback
would be required. This constitutes an
P & Z Minutes: June 17. 1992 Page 11 oC 22
'
unnecessary hardship as there are many other
nonconforming structures in this part of Kodiak
which encroach the setbacks and in some cases
property lines.
B. Strict application of the zoning ordinances would
not permit the extensive remodel of the existing
dwelling if the value of construction exceeds
$34,937.50. As long as this standard is fairly and
equally applied to all nonconforming properties,
the application of the zoning ordinances will not
result in unnecessary hardships. Development and
improvement of structures on nonconforming lots
will almost always involve some level of practical
difficulty. In this case, it appears as though the
proposed remodel will be so extensive that it will
involve an almost total reconstruction of the
dwelling in order to support the enlarged second
floor. The intent of the code is to require
nonconforming structures that require this much
reconstruction to be rebuilt in accordance with the
existing codes.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity
nor be detrimental to the public's health. safety and
welfare.
A. The granting of the variance may cause material
damages or prejudice to other properties in the
vicinity. The dwelling does not presently provide
for any off-street parking. Since the previous
variance request, which proposed two (2) off-street
parking spaces, the code has changed to require
three (3) off-street parking spaces per dwelling unit.
By the code change the existing structure has
become more nonconforming. While there is no
direct correlation between parking need and
dwelling size, it appears that a increase in floor
area will potentially increase parking need, - if not
by the present property owners then by subsequent
property owners.
B. Granting a variance to allow extensive remodeling,
if the remodeling would cost more than 34,937.50
dollars, would be prejudicial to other properties in
the vicinity. If a variance were justified; how
would the Commission determine the dollar
amount the property owners could exceed the limit
required by code? Without a standard method, the
Commission over time may render different
decisions based on changes in composition of the
Commission. This is unfair and prejudicial to the
public as a whole.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
P & Z Minutes: June 17, 1992 Page 12 of 22
A. The comprehensive plan calls for this area to
become Central Business District at some point in
the future. Staff believes that the plan is out of
date for this area. Although the location is very
close to downtown Kodiak, the topography in this
area is not encouraging for commercial
development. In addition, this area is a long
established residential district and it is doubtful
that this type of land use will change in the near
future.
B. The granting of a variance from Chapter 17.36
requirements, as they apply to nonconforming lots
and structures, would not relate in any way to the
objectives of the comprehensive plan.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is
being sought by the variance.
A. The actions of the applicant have not caused the
conditions from which relief is being sought by this
variance. The variance will be decided before the
applicant takes any further action on the proposed
renovation. It appears that some work has been
done on the structure without benefit of permits.
To the extent that penults can be issued after the
fact, the property owner should get the proper
permits and inspections to insure that these
improvements are consistent with the current
Uniform Building Code requirements.
B. The actions of the applicant did not cause special
conditions or financial hardship from which relief
is being sought by variance. The structure was
nonconforming when the present owners acquired
the property. Had the property owners investigated
the situation at the time of purchase, they would
have discovered the extent to which further
development of this property is limited.
6. That the granting of the variance will not permit a,
Prohibited land use in the district involved.
A. The granting of a variance will not permit a
prohibited land use in the district involved. Single-
family dwellings are a permitted use in the R3 --
Multifamily Residential zoning district.
B. Same as above.
The motion was seconded and CARRIED by unanimous roll
call vote.
F) Case S92-016. Request for preliminary approval of the
vacation of a two (2) foot portion of a platted utility easement
P & Z Minutes: June 17, 1992
Page 13 of 22
/-\
Kodiak Island Borough:
DATE:
TO:
FROM:
SUBJECT:
CASE:
APPLICANT:
REQUEST:
1)
2)
LOCATION:
ZONING:
Public Hearing Item VI -E
MEMORANDUM
June 4, 1992
Planning and Zoning Commission
Community Development Department
Information for the June 17, 1992 Regular Meeting
9.2-015
James and Linda Koob
A variance from Sections 17.20.040 (Yards) and 17.36.040
(Non -conforming Structures) of the Borough Code:
to allow an additional three (3) foot projection into the existing
six (6) foot rear setback; and
to permit the extensive remodeling/reconstruction of an
existing non -conforming single-family residence, which will
permit the value of the reconstruction to exceed fifty (50)
percent of the replacement value of the structure.
Lot 13C, Block 16, Kodiak Townsite, 113 Natalia Way
R3--Mulitfamily Residential
Twenty-five (25) public hearing notices were distributed on June 2, 1992.
Date of site visit:
2.
4.
May 28, 1992
Zoning History: The 1968 Comprehensive Plan identifies this area as
Residential -R3.
Lot Size:
Existing Land Use:
Surrounding Land Use and Zoning:
North:
Case 92-015
2,028 square feet
Single-family residential
Lot 16, Block 14, and a Portion of Lot 13A, Blk 16, Kodiak
Townsite
Use: Vacant lot and a single-family residence
Page 1 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
Zoning: R3--Mulitfamily Residential
South: Lot 7B, Block 17, Kodiak Townsite, Portion Lot 13A, Block
16, Kodiak Townsite, and Lots 6 and 7, Block 16, Kodiak
Townsite
Use: Three (3) single-family dwellings and a duplex
Zoning: R3--Mulitfamily Residential
East: Lot 13A, Block 16, Kodiak Townsite
Use: Single-family Residential
Zoning: R3--Mulitfamily Residential
West: Lot 7B, Blk 17, Lot 15 and a Portion of Lot 16, Blk 14,
Kodiak Townsite
Use: Single-family residence and two (2) vacant lots
Zoning: R3--Mulitfamily Residential
5. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area
as Central Business District.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of
the Borough Code and the Kodiak Island
Borough Coastal Management Program are
applicable to this request:
17.20.040 Yards. C. Rear Yard. The minimum rear yard required is
ten feet. (Ord. 87-14-0 §8, 1987; Ord. 83-17-0 §4(part), 1983).
17.36.030 Nonconforming lots of record. In any district in which
single-family dwellings are permitted, notwithstanding limitations imposed by
other provisions of this title, a single-family dwelling and customary
accessory buildings may be erected on any single lot of record existing at the
effective date of adoption or amendment of the ordinances codified in this
title. This provision shall apply even though such lot fails to meet the
requirements for area or width or both, if the lot conforms to the other
regulations for the district in which such lot is located. Variance of yard
requirements and of other development requirements, except as specified
above, shall be obtained only through action of the planning commission as
provided in Chapter 17.66 of this title.
If two or more lots, combinations of lots, or portions of lots with
contiguous frontage in common ownership are of record at the time of
passage or amendment of the ordinances codified in this title, with a structure
located across the lot line or a residential structure on one lot and an
accessory building on the adjoining lot, the lands involved shall be considered
Case 92-015 Page 2 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
to be an undivided parcel for the purposes of this title. No portion of said
parcel shall be used or sold which does not meet the lot width and area
requirements established by this title, nor shall any division or the parcel be
made which leaves remaining any lot with width or area below the
requirements stated in this title, except to allow the addition to abutting land
to make a standard lot, providing such sale does not thereby create a
substandard lot.
Nothing in this title shall be construed to prohibit the creation of
nonconforming lots which are federally mandated. (Ord. 90-04 §2, 1990; Ord.
87-14-0 §2, 1987; Ord. 82-45-0 §1(part), 1982).
17.36.040 Nonconforming structures. Where a lawful structure exists
at the effective date of adoption or amendment of the ordinances codified in
this title that could not be built under the existing terrns of this chapter by
reason of restrictions on area, lot coverage, height, yards, or other
characteristics of the structure or its location on the lot, such structure may
be continued so long as it remains otherwise lawful, subject to the following
provisions:
A. No such structure may be enlarged or altered in a way which
increases its nonconformity.
B. Should such structure be destroyed by any means to an extent of
more than fifty percent of its replacement cost at time of destruction, it shall
not be reconstructed except in conformity to the regulations for the provisions
of this title.
C. Should such structure be moved for any reason and for any
distance whatever, it shall thereafter conform to the regulations for the
district in which it is located after it is moved. (Ord. 82-45-0 §1(part), 1982).
COASTAL MANAGEMENT APPLICABLE POLICIES
Residential Development
1. Location
In areas with poorly draining soils, development where feasible
shall be connected to a sewer line. Where this is not feasible,
onsite facilities shall be designed so as not to cause conditions
that will pollute rivers, lakes, and other water bodies, including
the ground water supply.
Consistent: Yes. The lot is served by public sewer.
Case 92-015 Page 3 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
2. Open Space
Green areas and open space shall be retained to the maximum
extent feasible and prudent when land is subdivided.
Consistent: Not applicable. This action does not involve
land subdivision.
3. Access
New subdivisions or other residential developments on the
shoreline shall provide usable public access to and along the
shoreline, extending the length of the development, to the extent
feasible and prudent.
Consistent: Not applicable. This lot is not located along the
shoreline.
4. Hazardous Lands
Development shall not occur in hazardous areas such as
avalanche runout zones, active floodplains, and high water
channels to the extent feasible and prudent. Siting, design, and
construction measures to minimize exposure to coastal erosion,
mass wasting and historic tsunami run-up shall be required to the
extent feasible and prudent.
Consistent: Yes. Rebuilding the existing single-family
dwelling at its present location will not increase
the vulnerability of the structure to potential
landslide activity in this area of steep slopes.
5. Wetlands
Filling and drainage of water bodies, floodways, backshores, and
natural wetlands shall be consistent with ACMP Standards 6 AAC
80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats).
Case 92-015 Page 4 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
Consistent: Not applicable. This action does not involve
any filling or draining of water bodies,
floodways, backshores, and natural wetlands.
COMMENTS
This request is intended to permit the reconstruction and enlargement of an
existing nonconforming structure which will require more than fifty (50%)
percent of the building's replacement value to complete. In addition, this
structure is located on a nonconforming lot of record due to insufficient lot
width ( 47 feet) and lot area (2,028 square feet). The existing structure
already encroaches the required zoning setbacks on three sides (front,
southwest side and rear). The proposed remodel would add to the rear
setback encroachment by an additional three (3) feet.
A similar request was granted by the Planning and Zoning Commission at the
regular meeting of December 20, 1989. The original variance was approved
with three conditions of approval as follows:
1. The applicant must obtain and record an easement for Lot 13A, Block
16, Kodiak Townsite for the benefit of Lot 13C, Block 16, Kodiak
Townsite, to show that adequate legal access exists to the proposed off-
street parking area to be developed as part of this variance. A copy of
the recorded easement must be submitted to the Kodiak Island Borough
Community Development Department prior to issuance of zoning
compliance.
2. The applicant must obtain certification from the City of Kodiak Fire
Chief that the location of the structure to be renovated on Lot 13C,
Block 16, Kodiak Townsite, has adequate access for fire apparatus as
required by the Uniform Fire Code and that an adequate water supply
exists in the vicinity. This certification must be submitted to the
Kodiak Island Borough Community Development Department prior to
issuance of zoning compliance.
3. Completion of the project shall not exceed one (1) year from the date of
zoning compliance issuance, unless an extension has been requested
and obtained from the Planning and Zoning Commission.
Case 92-015
Page 5 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
At the regular meeting of November 21, 1990, a one (1) year extension of the
variance was granted by the Commission. The previously granted variance
expired on November 21, 1991.
There are two significant changes in this request compared to the previously
granted variance. First, changes in Borough Code since the last request now
permit the encroachment of decks into required setbacks as long as access to
the rear yard is preserved and the decks are unroofed and unenclosed.
Second, is a change in the proposed development plan which no longer
provides for the creation of two (2) off-street parking spaces to be located
under the house and deck. (At the time of the original request, two off-street
parking spaces were required to serve a single-family dwelling. The code has
since been revised to require three (3) off-street parking spaces per dwelling
unit.)
Staff notes that, based on photographic documentation provided by the
applicants in the previous variance request, it appears that improvements
have been made to the dwelling without benefit of zoning compliance or
building permits. Even though the unroofed and unenclosed deck is now
permitted to encroach into the setbacks, it still requires zoning compliance
and a building permit due to a deck height over 30 inches from grade. It also
appears that a portion of the crawlspace under the house has been excavated
and enclosed to provide additional floor area without benefit of permits. Staff
was unable to determine in the field whether these improvements are
consistent with the applicable Building Code requirements.
Another issue that has changed since the previous variance request is the
way that improvements to nonconforming structures are processed under
Chapter 17.36 (Nonconforming Lots, Structures and Uses) of the Borough
Code. In the past, the Commission viewed sections of this chapter as being
appropriate for consideration of a variance. Staff believes that this Chapter is
not suitable for the granting of variances. Variances are intended to provide
flexibility in the code, primarily in the area of dimensional requirements for
structures and required setbacks. Staff has suggested in the past that
granting a permanent right of noncompliance with provisions of Chapter
17.36 is more appropriate for an Exception than a Variance. Since the
Exception procedure is now being considered for deletion from the code (with
staffs recommendation) it does not appear an Exception is a viable
alternative given staffs position on this issue.
Case 92-015 Page 6 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
Granting a right to not comply with the provision of Chapter 17.36 effectively
contradicts the intent of this chapter by allowing nonconforming structures to
remain indefinitely, to be rebuilt, and perhaps become more nonconforming.
Staff believes that if the Commission and the Assembly feel that the code
provision in Chapter 17.36 are too restrictive, then it would be more
appropriate to amend the code to provide reasonable standards that, like the
present code, would apply equally to all properties and landowners in the
Kodiak Island Borough.
According to the Kodiak Island Borough Assessing Department, the
replacement value of the dwelling is currently listed as $69,875.00 based on
the Marshall and Swift program. Therefore, if the proposed remodel job costs
more than $34,937.50, it should not be permitted under the existing code
provisions for nonconforming structures. This can be determined by the
Building Official's office as part of the plan review for this proposed project.
Building permits are routinely issued based on the value of the proposed
improvements using cost figures adjusted for Kodiak which reflect the real
cost of building construction. A building permit calculation is required before
staff can make this determination.
Suggested findings for the two variances comprising this request will be
addressed separately. Findings "A" will address the setback variance and
Findings "B" will address the nonconforming structure variance. In order for
the Commission to grant a variance, all of the following conditions must be
satisfied:
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable to the
property or intended use of development. which generally do not apply
to other properties in the same land use district.
A. The exceptional physical conditions applicable to the property
include the lot's nonconforming size (2,028 square feet),
nonconforming lot width (about 47 feet), the steep topography of
the area surrounding the lot and the location of the existing
structure on the lot where it encroaches the setbacks on three
sides. These conditions generally do not apply to other lots in the
R3--Mulitfamily Residential zoning district.
Case 92-015 Page 7 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
B. There are no exceptional physical circumstances applicable to the
property or intended use of development that would justify a
variance from the requirements of Section 17.36.040
(Nonconforming Structures) of the Borough Code. Some of the
very things that justify a variance from dimensional
requirements, as noted above for example, are the same things
that define a nonconforming lot and/or structure. If these same
conditions are used to justify a variance then it would seem that
any nonconforming lot or structure would, by definition, qualify
for a variance.
2. Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
A. Strict application of the zoning ordinances would not permit the
additions to this structure because an additional encroachment
into the rear setback would be required. This constitutes an
unnecessary hardship as there are many other nonconforming
structures in this part of Kodiak which encroach the setbacks and
in some cases property lines.
B. Strict application of the zoning ordinances would not permit the
extensive remodel of the existing dwelling if the value of
construction exceeds $34,937.50. As long as this standard is
fairly and equally applied to all nonconforming properties, the
application of the zoning ordinances will not result in
unnecessary hardships. Development and improvement of
structures on nonconforming lots will almost always involve
some level of practical difficulty. In this case, it appears as
though the proposed remodel will be so extensive that it will
involve an almost, total reconstruction of the dwelling in order to
support the enlarged second floor. The intent of the code is to
require nonconforming structures that require this much
reconstruction to be rebuilt in accordance with the existing codes.
3. The granting of the variance will not result in material damages or
prejudice to other properties in the vicinity nor be detrimental to the
public's health, safety and welfare.
A. The granting of the variance may cause material damages or
prejudice to other properties in the vicinity. The dwelling does
Case 92-015 Page 8 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
not presently provide for any off-street parking. Since the
previous variance request, which proposed two (2) off-street
parking spaces, the code has changed to require three (3) off-
street parking spaces per dwelling unit. By the code change the
existing structure has become more nonconforming. While there
is no direct correlation between parking need and dwelling size, it
appears that a increase in floor area will potentially increase
parking need, if not by the present property owners then by
subsequent property owners.
B. Granting a variance to allow extensive remodeling, if the
remodeling would cost more than 34,937.50 dollars, would be
prejudicial to other properties in the vicinity. If a variance were
justified, how would the Commission determine the dollar
amount the property owners could exceed the limit required by
code? Without a standard method, the Commission over time
may render different decisions based on changes in composition
of the Commission. This is unfair and prejudicial to the public as
a whole.
4. The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
A. The comprehensive plan calls for this area to become Central
Business District at some point in the future. Staff believes that
the plan is out of date for this area. Although the location is very
close to downtown Kodiak, the topography in this area is not
encouraging for commercial development. In addition, this area
is a long established residential district and it is doubtful that this
type of land use will change in the near future.
B. The granting of a variance from Chapter 17.36 requirements, as
they apply to nonconforming lots and structures, would not relate
in any way to the objectives of the comprehensive plan.
5. That actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by the variance.
A. The actions of the applicant have not caused the conditions from
which relief is being sought by this variance. The variance will
be decided before the applicant takes any further action on the
Case 92-015 Page 9 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
proposed renovation. It appears that some work has been done
on the structure without benefit of permits. To the extent that
permits can be issued after the fact, the property owner should
get the proper permits and inspections to insure that these
improvements are consistent with the current Uniform Building
Code requirements .
B. The actions of the applicant did not cause special conditions or
financial hardship from which relief is being sought by variance.
The structure was nonconforming when the present owners
acquired the property. Had the property owners investigated the
situation at the time of purchase, they would have discovered the
extent to which further development of this property is limited.
6. That the granting of the variance will not permit a prohibited land use
in the district involved.
A. The granting of a variance will not permit a prohibited land use
in the district involved. Single-family dwellings are a permitted
use in the R3--Mulitfamily Residential zoning district.
B. Same as above.
RECOMMENDATIONS
Staff finds that this request does not meet all the conditions necessary for a
variance to be granted under Chapter 17.66 (Variance) of the Borough Code.
APPROPRIATE MOTIONS
Should the Commission agree with the staff recommendations, the
appropriate motions are:
SETBACKS
Case 92-015
Move to grant a variance from Sections 17.20.040 (Yards) of
the Borough Code to allow an additional three (3) foot
projection into the existing six (6) foot rear setback for a
dwelling on Lot 13C, Block 16, Kodiak Townsite Subdivision.
Page 10 of 11 P & Z: June 17, 1992
Public Hearing Item VI -E
Staff recommends that the previous motion be denied and the following
motion adopted.
Move to adopt the findings contained in the staff report dated
June 4, 1992 as "Findings of Fact" for this case.
NONCONFORMING STRUCTURE
Move to grant a variance from Section 17.36.040 (Non-
conforming Structures) of the Borough Code to permit the
extensive remodeling/reconstruction of an existing non-
conforming single-family residence, which will permit the
value of the reconstruction to exceed fifty (50) percent of the
replacement value of the structure located on Lot 13C, Block
16, Kodiak Townsite Subdivision.
Staff recommends that the previous motion be denied and the following
motion adopted.
Case 92-015
Move to adopt the findings contained in the staff report dated
June 4, 1992, as "Findings of Fact" for this case.
Page 11 of 11 P & Z: June 17, 1992
1992 SURVEY
Parcel Number
Street Address
Historical Age
NoBdrms/Ba (s)
Property Owner
Address
City, State, ZIP:
Reviewer/Date
R1340160132
#109 NATALIA.LANE.
"1942
^'3 /. 1
KOOB, J & L
1*109 NATALIA LANE
KODIAK, AK 99615
Single Family. Residence
Effective Age: .50 years •
Cost as of 9/91 .
•
Style: 1 1/2 Finished
Exterior Wall: Shingle
Basic. Square Foot Crest
Including 5 Plumbing Fixtures
Composition. Roll
Wall Furnace
Floor Cover
Wood subfloor
Appliance Allowance
Plumbing Fixture, Rou_rgh-Ire....:
Wood Stairway.
Subtotal Basic Structure Cast
Extras:
Enclosed Porch - Sol id Wall
Wood Deck
Subtotal
Replacement Cost New
Less Depreciation:
Physical and Functional
Depreciated Cast
Floor Area: 1,152 square feet
ty:"Fair
Condition: . Average
Un i taT:
ost
Total
�5o 423
:714.
1, 475
2, 638
6, 728
2 004
3J1 ;
1,`686 '.�.,
66',019
Rounded to nearest $100
Cost data by MARSHALL and SWIFT
COST ESTIMATE 'PREPARED FOR P & Z IN RESPONSE TO APPLICATION
BY OWNER FOR'VARIANCE. (1983 IMPROVEMENT ASSESSED @ $18,800.)
24,5.00
975-
9' .S77 Goer
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/ 97
AS'QUILT SURVEY
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NO.1638-5 •
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40
gfii• `-;.- v
N'�Vt.Za+~
I hereby certify that I havesurveyed the following described property:
1ro_t /3-C, Block A-.T.S.
L. S. .ir ,;7 - 6
clic? /Ps2'n
and that the Improvements situated thereon are within the property Unca
and do not overlap or encroach on the property lying adjacent thereto,
that no improvements On property lying adjacent thereto encroach on
the premises In question and that there are no roadways, transmis-
sion tines or other visible easements on said property except as indi-
cated hereon.
Dated this
J day of
, 19
ROY A. CBLUND
Registered Land Surveyor
Mr. & Mrs. Jim Koob
109 Natalia Lane
Kodiak, AK 99615
(907) 486-5114
LOT 13C, BLOCK #16, KTS
"REQUEST FOR VARIANCE"
We hereby request a variance as required to develop our ex-
isting property which will provide off-street parking, and
provide decking on the east and north side, as well as pro-
viding a full second floor witj modified gable roof. The
proposed modification will be'accomplished in three phases
and are all to be submitted under one variance request. The
present zone for this area is R-3 but this house is a single
family residence.
Phasing of work will be accomplished as follows:
fcZE
PHASE I - excavate under northeas section of house for pro-
viding - , (see drawing sheet 2 of
of east section of base -
6) as well as complete excavation
ment and grading for perimeter drainage of existing building
footing, and provide deck around north and east side of house.
PHASE II - reconstruction of mechanical room with new concrete
floor and footing. Reframe with fire -rated walls, remove ex-
terior brick -like tar -paper to top plate line and install new
double -paned windows, sheer wall panels and exterior insulated
for R-19 walls and new wood siding.
PHASE III - remove gable roof and frame for full 2nd story with
floor system extending 3'-0 overhang on west wall of 1st story.
Install new 2x6 wall framing with new prefab roof trusses,
with 2'-0 overhang. At this time exterior stairs and landing
will be installed to existing 1st level deck on north side.
Construction will be R-19 insulated walls and extended floor
system with attic being R-39 insulated. Second floor wall ex-
terior will match first floor walls.
All work to be accomplished to existing city ordinances and
building codes as required.
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LOT 13C
I3LOCK 16
K,T,S.
1-1.11 S JUl Kong
109 ...NATALIA LANE
K 00 IAK, AK. 99616
NORTH ELEVATION
SHEET 5 ee 6
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MR. AND MRS JIM KOOB
109 NATALIA LANE
KODIAK, ALASKA 99615
(907) 486-5114
DESCRIPTION:
LOT 1.3C BLOCK 16 K.T.S.
PICTURES
(NOTE PICTURES WERE TAKEN ON 6 NOV 1989)
#1 EAST SIDE OF HOUSE - TAKEN FROM FEDALASKA PARKING LOT - SHOWING
EXISTING HOUSING IN AREA
#2 EAST SIDE OF HOUSE - TAKEN FROM'NATALIA LANE - SHOWING STAIRS AND
UNDERPINNING SUPPORTS WITH EXCAVATION
#3 NORTHEAST CORNER OF HOUSE WHERE EXCAVATION HAS STARTED FOR PHASE I
OF GROUND LEVEL DRIVE-IN PARKING STALLS (2 EA - 8'-O WIDE BY 20'-O)
tir7.Ytlit • k•
#4 SOUTHEAST CORNER OF LOT WHERE EXISTING ENBANKMENT IS TO BE LOWERED
TO PROVIDE DAYLIGHT BASEMENT.
r
#5 NORTH SIDE OF HOUSE SHOWING HIGH GABLE ROOF WITH EXISTING HEATER
STACK FROM MECHANICAL ROOM.
tAIPI Plan
tr.-AMU. Mak
aft
#6 NORTHWEST CORNER OF HOUSE SHOWING CONCRETE FOOTING 18" x 24" WITH
STABLE HILLSIDE AT EDGE OF WEST PROPERTY LINE WITH SLOPE OF
EXISTING HILL.
.94
#7 WEST SIDE OF HOUSE SHOWING SLOPE OF GROUND EXCAVATION WITH HIGH
POINT ON SOUTH SIDE SLOPING TOWARD THE NORTH FOR DRAINAGE. NOTE
PART OF PHASE I WILL BE THE INSTALLATION OF FOOTING DRAINAGE
AROUND BUILDING.
#8 LOOKING SOUTH TO EXCAVATED AREA UNDER EAST SECTION OF HOUSE FOR
DAYLIGHT BASEMENT, NOTE AREA ON RIGHT (WEST) WILL HAVE RETAINING
WALL AND REMAIN UNEXCAVATED WITH DRAIN SYSTEM ON WEST SIDE OF NEW
RETAINING WALL
#9 LOOKING SOUTH FROM UNDER EXISTING STAIRS AND LANDING SHOWING THE
SEWER LINE (IN BLACK) AND WATER SERVICE TO HOUSE WITH THE NEIGHBOR'S
HOUSE AND DRIVE -ON DECK TO THE SOUTHEAST. (LEFT SIDE OF PICTURE)
#1O GENERAL EXTERIOR CONDITION OF HOUSE SHOWING BRICK TAR -PAPER SIDING
AND VARIOUS CLOSED OPENINGS. PHASE II WILL UPGRADE EXTERIOR ON
EXISTING HOUSE WITH NEW WINDOWS AND SIDING OVER INSULATED WALLS.
r
,or :3 $73 •
•••••••• IMV ,VPIVI •
L C AVE
7pler-"rwrz.rg, T r
1.•
,rte,F+
9
ItOiliAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
Public Hearing Item VI -E
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, June 17, 1992. The
meeting will begin at 7:30 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 92-015. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Non-
conforming Structures) of the Borough Code:
1) to allow an additional three (3) foot projection into the existing six (6) foot rear
setback; and
2) to permit the extensive remodeling/reconstruction of an existing non -conforming
single-family residence, which will permit the value of the reconstruction to exceed
fifty (50) percent of the replacement value of the structure. Lot 13C, Block 16,
Kodiak Townsite, 113 Natalia Way
This notice is being sent to you because our records indicate you are a property owner 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 prior to the meeting. If you
would like to fax your comments to us, our fax number is: (907) 486-9374.
One week prior to the regular meeting, on Wednesday, June 10, 1992 a work session will
be held at 7:30 p.m. in the Kodiak Island Borough Conference Room (#121), to review the
packet material for the case.
If you have any questions about the request, please feel free to call us at 486-9362.
Your Name: Mailing Address:
Your property description:
Conunents:
Kodiak Island %rough *LIVE*
DATE 6/01/92
TIME 14:04:41 FORM LETTER 4:
GEO BASED ,.:'ROPERTY SYSTEM
PAGE 1
VENUE: CllY LB0220
PROPERTY SROUP LISTING GROUP Ur. 20151 CDSEC3
FORM LETTER DESCRIPTION: PHN VENUE 1
PROPERTY NUMBER OWNER NAME
R1220020010
R122:1020020
R1220020030
R1220020040
I
R1220020050
R1220020060
R1220020070
R1:300000121
R13401401:30
R1340140140
R1340140150
R1340140160
R1340140172
suNG
M
PROPERTY ADDRESS MAILING ADDRESS
117 LO MILL BAY RD
KODIAK
FEDALASKA FEDERAL CREDIT 115 LO MILL BAY RD
KODIAK
FEDALASKA RAL CREDIT
DEVEAU BLDa CO
MARVA SPRINGHILL NAULT
MARVA SPR ILL NAULT
MARYA SP -IILL NAULT
MCDONALD'S CORP
JAMES PEARSON ETAL
ELKS CLUB I11772
111 LO MILL BAY RD
KODIAK
122 REZANOF DR W
KODIAK
110 NATALIA WAY
KODIAK
107 NATALIA WAY
KODIAK
NHN NATALIA WAY
KODIAK
209 LO MILL BAY RD
KODIAK
AK 99615
AK 9996150000
AK.9996150000
AK 9996150000
41< 99,961513000
AK 9996150000
AK 9996150000
AK 99615
SUNG KIM
P. O. BOX 769
KODIAK
AK 99615
FEDALASKA FEDERAL CREDIT
P.O. BOX 7-505
ANCHORAGE AK 99510
FEDALASLA FEDERAL CREDIT
P.O. BOX 7-505
ANCHORAGE Al 99510
DEVEAU BLDG CO
P.O. BOX 2497
FODIAk
SPRINGHILL NAULT,MARYA
P.O. BOX 922
NAULT7MARYA SPRINGHILL
P.O. BOX 922
KODIAK
NAULT,MARYA SPRINGHILL
P.O. BOX 922
KODIAK
AK 99615
AK 99615
41< 99615
AK 99615
MCDONALD'S CORP (51/014)
ATTN: SHERRY WHALEN
P 0 BOX 66207 AMF O'HARE ARF'T
CHICAGO IL 60666
118 HILLCREST ST JAMES PEARSON ETAL
KODIAK AK 99615 P 0 BOX 669
RENTAL
KODIAK
116 HILLCREST ST
KODIAK
CITY OF IDIAK 112 HILLCREST ST
KODIAK
ROLLAND & HAZEL 'JONES 111 HILLCREST ST
KODIAK
ROLLAND.-P311-g-
AK 9996150000
41< 9996150000
AK 9996150000
ELKS CLUB 14:1772.
P. O. BOX 846
KODIAK
KODIAK,CITY OF
P.O. BOX 1397
KODIAK
JONES,ROLLAND & HAZEL
P.O. BOX 375
A}(
115 HILLCREST ST jONES,ROLLAND
41< 99615
AK 99615
41< 99615
AK 99615
Kodiak island Borough *LIVE* G E 0 .F3 A S E I) P R 0 P E R T ',/ S Y S T E NI
DATE 6/01 ./ 92
TIME 14:04:41 FORM LETTER 4: 1. PROPERTY GROUP LISTING
FORM LETTER DESCRIPTION:
PROPERTY NUMBER OWNER NAME
VENUE: CITY
GROUP 4: 20151
PROPERTY ADDRESS MAILING ADDRESS
KODIAK AK 9996150000 P.O. BOX 375
KODIAK
R1340140180 RICHARD KNOWLES 211 HILLCREST ST
KODIAK
R1:340160125
R1340160126
ROBERT 1. ALICIA WURM NHN YUKON ST
KODIAK
MARVA SPRINGHI AULT 107 YUKON ST
KODIAK
-R1340160128 NYA SP SHILL NAULT
R1340160129 MARYA SPP CHILL NAULT
R1340160130 MARY SP NGHILL NAULT
R1340160131
R1340160132
.\3401.60142
R1340160151
R1340160153
R1340160154
R1340160160
HAZEL ARDINGER
JAMES & LINDA KOOB
ELIZABETH SPRINGHILL
ELIZABETH
109 YUKON ST
KODIAK
NHN YUKON ST
KODIAK
NHN YUKON ST
KODIAK
211 HILLCREST ST
KODIAK
213 HILLCREST ST
KODIAK
111 YUKON ST
KODIAK
11:3 YUKON ST
KODIAK
jOSEPH CARBIN ESTATE 119 YUKON ST
- KODIAK
JOSEPH CAR
NHN YUKON ST
KODIAK
AK 99615
AK 9996150000
AK 9996150000
AK 999615(000
AK 9996150000
AK 9996150000
AK 9996150000
AK 999A1F.0000
. AK 9996150000
AK 9996150000
AK 9996150000
AK 99615
RICHARD KNOWLES
202 REZANOF DR
KODIAK
WURM,ROBERT & ALICIA
P.O. BOX 3652
KODIAK
SPRINGHILL NAULT,MARYA
P.O. BOX 922
EODIAE
SPRINGHILL NAUL1,MARYA
P.O. BOX 922
ODIN
SPRINGHILL NAULT,
P.O. BOX 922
kODIA
SPRINGHILL NAULT,MRYA
P.O. BOX 922
KODIAK
ARDINGER,HAZEL
P.O. BOX 1675
KODIAK
KOOB,JAMES & LINDA
109 NATALIA LANE - '
KODIAK
SPRINGHILL—ELIZABETH
P.O. BOX 922
FODIAI
SPRINGHILL,ELIZABETH
P.O. BOX '922
10D1AF
CARBIN ESTATE,JOSEPH
3742 MCCAIN ROAD
ANCHORAGE
JOSEPH CARBIN ESTATE
C/O LOUISE BOETTGER
.3742 MCCAIN ROAD
ANCHORAGE
00000 YUKON ST KO1:'1AK,CITY OF
PAGE 2
LOU220
CDSECO
AK 99615
AK 99615
AK 99615
AK 99615
AK. 99615
AK 99615
AK 99615
AK 99615
AK 99615
AK 99615
AK 99615
AK 99503
AK '99503
Kodiak Island Borough *LIVE* GEO BASED PRO*ERTY SYSIEM PAGE
DATE 6/0f/92 VENUE: CITY LB0220
TIME 14:04:141 FORM LETTER 4: 1 , PROPERTY GROUP LISTING GROUP 4: 20151 CDSEC3
FORM LETTER DESCRIPTION:
FROPERTY NUMBER OWNER NAME PROPERTY ADDRESS MAILING ADDRESS
KODIAK AK 9996150000 P.O. BOX 1397
KODIAK AK 99615
R1340160171 B & L CO NHN HILLCREST ST B & L CO
KODIAK AK 9996150000 836 M STREET 4311
ANCHORAGE AK 99501
R1340160172 JAMES MARLYSS EGGEMEYER 119 LO MILL BAY RD EGGEMEYER,JAMES/MARLYSS
KODIAK AK: 9996150000 P.O. BOX 965
KODIAK AK 99615
R1340160173 JAMES MRLYSS_E9NEYER 121 LO MILL BAY RD EGGEMEYER7JAMES/MARLYSS
KODIAK AK 9996150000 P.O. BOX 965
AK 99615
R1340170010 STEVEN 1 SUNG KIM 210 REZANOF DR W STEVEN & SUNG KIM
KODIAK AK 99615 P.O. BOX 769
KODIAK AK 99615
R1340170021 MARGARET SUTLIFF 204 ALDER LN SUTLIFF,MARGARET
KODIAK AK 9996150000 P.O. BOX 3669
KODIAK AK 99615
R1340170022 MARGARET Eosn F 217 ALDER LN SUTLIFF,MARGARET
KODIAK AK 9996150000 P.O. BOX 3669
KODIAK AK 99615
R1340170023 MAR7RET SUTLIFF NHN ALDER LN SUTLIFF,MARGARET
KODIAK AK 9996150000 F.O. BOX 3669
KODIAK AK 99615
R1340170030 JAY JOHNSTON 208 ALDER LN JOHNSTON, JY
KODIAK AK 9996150000 206 ALDER LN •
KODIAK AK 99615
( '140170041 jPA' .JOHNSTON 101 ALDER LN JOHNSTON,JAY
KODIAK AK 9996150000 206 ALDER LN
KODIAK AK 99615
R1340170042 JAMES & SOPHIE ANDERSON 101 NATALIA WAY ANDERSON7JAMES &'SOPHIE
KODIAK AK 9996150000 101 NATALIA
KODIAK AK 99615
R1340170050 CECIL & PHYLLIS SHOLL 107 NATALIA WAY SHOLL,CECIL & PHYLLIS
KODIAK Al-:: 9996150000 P.0 BOX 681
KODIAK AK 99615
R1340170062 PHYLLIS & .OECTL SHOLL 113 NATALIA WAY SHOLL, PHYLLIS & CECIL
KODIAK AK 9996150000 P.O. BOX 681
KODIAK AK 99615
R1340170072 ANTHONY DRABECK 109 NATALIA WAY DRABECK,ANTHONY
KQdiak Island Borough *LIVE* 1:1 EC! BASED PROPER TY SYSTEM PAI3E 4
DATE 6/01/92 VENUE CIT1' LE0220
TIME 14:04:41 FORM LETTER 4: 1 PROPERTY GROUP LISTING GROUP 4: 20151 CDSEC3
FORM LETTER DESCRIPTION:
PROPERTY NUMBER
R1340170080
R1340170090
R1380070002
)
TOTAL LETTERS:
OWNER NAME PROPERTY ADDRESS MAILING ADDRESS
KODIAK AK 9995150000 P.O. BOX 251
KODIAK AK 99515
DUANE & NANCY FREEMAN NHN NATALIA WAY '
KODIAK
ORTHODOX CHURCH OF AMER 217 ALDER LN
KODIAK
RUSSIAN ORTHODOX
42
NHN REZANOF DR
KODIAK
AK 9996150000
AK 9996150000
AK 9996150000
FREEMAN,DUANE & NANCY
P.O. BOX 912
KODIAK AK 99515
ORTHODOX CHURCH OF AMER
P.O. BOX 55
KODIAK f AK 99615
RUSSIAN ORTHODOX CHURCH
P.O. BOX 55
KODIAK AK 99615
c,6
J50
J.
Ij
p.
r
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67ja rS -
-1�►e� ((� . _1-y,.__ 1 . ---� l 3� -_o��o - 30
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James & Linda Koob
109 Natalia Way
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
June 2, 1992
Case 92-015. Request for a variance from Sections 17.18.050
(Yards) and 17.36.040 (Non -conforming Structures) of the Borough
Code:
1) to allow an additional three (3) foot projection into the existing
six (6) foot rear setback; and
2) to permit the extensive remodeling/reconstruction of an
existing non -conforming single-family residence, which will
permit the value of the reconstruction to exceed fifty (50)
percent of the replacement value of the structure. Lot 13C,
Block 16, Kodiak Townsite, 113 Natalia Way
Dear Mr. & Mrs. Koob:
Please be advised that the request referenced above has been scheduled for
review and action by the Kodiak Island Borough Planning and Zoning
Commission at their June 17, 1992 regular meeting. This meeting will begin
at 7:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska.
Attendance at this meeting is recommended.
The week prior to the regular meeting, on Wednesday, June 10, 1992, at
7:30 p.m. in the Borough Conference Room (#121), the Commission will hold
a worksession to review the packet material for the regular meeting. You are
invited to attend this worksession in order to respond to any questions the
Commission may have regarding this request.
Kodiak Island Borough
James and Linda Koob
June 2, 1992
Page Two
If you have any questions, please call the Community Development
Department at 486-9363.
Sincerely,
Eileen Probasco, Secretary
Community Development Department
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 MILL BAY ROAD, ROOM 204, KODIAK, ALASKA 99615-6398, (907) 486-9362
The application fee for all items covered by this form is fifty dollars ($50.00), except as otherwise noted.
Conditional Use Permits, Exceptions, and Variance applications also require the submission of a site plan.
Property owner's name:
_ Applicant Information
187,7,6'5 4- 2/ AJ1114 !` a d,b
Property owner's mailing address: /d g ,,fes
City: Mdi4je State: XI,e4S/651
Home phone: --57//f Work phone:
If applicable, Agent's name:
Agent's mailing address:
City: State: Zip:
Home phone: Work phone:
Zip: 99'O/
/ Property Information /�
Legal Description: G. i5 7 / 3 c .. 11 K /{rte 1k 7'S
Present use of property: 5s rU 6 L /-7---.0,9e7 F1, � P"tV ' e
Proposed use of property: 661 /27-e° 71--)7�4/ 9/UG
e5- 04-
C
Applicant Certification
wt.
P it � �►s r
1, the applicant/authorized agent, have been advised of the procedures involved with this request and have recieved a
copy of the appropriate regulations.
Authorized Agent's Signature Dateoperty Owner's Signature Date
Code Section(s) involved:
STAFF USE ONLY
Conditional Use Permit Exception
Variance Title 18 Review
Other (e.g., appearance requests, etc.) non -fee items
Zoning change from
Application accepted: •
aff,$ignature Date accepted
RECEIVED
FROM
UTILITY `4 -ASH RECEIPT
Kodiak Island Borough
710 UPPER MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
4•-40-4.0119(...1-71-11/4--""
V74/e—_,
-000-101 -10-00
051 -000-220-00-00
051 -000-115-00-00
052-000-115-00-00
054-000-115-00-00
DATE 19e2-
- 000 - 101
9
DEPOSIT
WATER
GBG. COLLECT - CUST.
054-000-341 - 12-00
054-000-341 - 13-00
054-000-341 -17-00
054-000-341-18-00
054-000-341-19-00
GBG. COLLECT - CITY
GBG, COLLECT.-CONTR.
DUMP FEE - CUSTOMER
DUMP FEE - CITY
DUMP FEE - CONTR.
PER ATTACHED
CONDITIONS OF CHECK PAYMENTS
PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DQE TO
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.
TOTAL I►
CASHIER l/' L :"/
Os
PAYOR
PAYMENT MADE BY:
Ili CHECK NO.
❑ CASH
. cJ
❑ OTHER
FM08.511815
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