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KODIAK TWNST BK 16 LT 13C - Variance (2)5 2-2 �„n QRofFED -Ms. b - r,Jb 4 K,jo1 1r iT sAl) S Fi e- S CcrAirrCTn1 4- 1 c& 1/4-e r hu c [ 7- PROctE4 v. cA I 1011 611-t qi0 MOW All ) e[%Ir91/otk1Sf: , K. 16 , I -dr e c MEMORANDUM' TO: John Sullivan, Public Works Director FROM: Herman T. Beukers, Acting City Manager DATE: November 7,1 1990 RE: Natalia Lane At the worksession held on November 6, 1990, the City Council expressed the desire to construct a cul-de-sac at the top of Natalia Lane where cars could turn around. Please direct the design engineer to place this cul-de-sac of approximately the same. size as what is being used up there in the design of this street' and when this is accomplished, we will have to purchase the prop- erty necessary. Cay l_ _ 1 5*/ APD ,i y M.v » '1 CITY MANAGER POST OFFICE 130X 1397. kODIA14, MAIM 99615 , :1, 1 LI 4 4Hi ' 1 i . October 30, 1990, . . , isp Linda Koob di h 109 Natalia Lane Kodiak, AK!. 99615 r:'• Dear Mrs. Koob: . • , I TELEPHONE(907)486-8640,H' (907) 48�r86004 •, ,„ „ • 040'. r • In reference to your letter dated October 29, 1990, please be." advised that I looked over the proposed construction plans for, Natalia Lane and find that the plan does not include a cul-de-sac., at the top ofthe hill. I discussed this with the Director of, Public Works, Mr. John Sullivan, and he stated that when the design was authorized the City Council did not want to acquire any prop- erty in the process of upgrading the street. I do not think they' realized there would not be an area for turning around at the top of the hill. , H 1 . i • ' i . C . i . i• . , . I will approach the Council on this matter and I'm sure it will:be resolved to your satisfaction in the very near future. Very truly,yours, CITY OF KODIAK egilan T. Be ers ActingCity Manager HTB/nej 0 A 4. Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 2, t November 26, 1990 James and Linda Koob 109 Natalia Kodiak, Alaska 99615 Re: Case 89-064. Request for a one (1) year extension of a previously- approved reviouslyapproved variance from Sections 17.18.050 (Yards) and 17.36.040 Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one- half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia Dear Mr. and Mrs. Koob: The Kodiak Island Borough Planning and Zoning Commission at their meeting on November 21, 1990, approved the extension request cited above, subject to the following conditions: 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 a 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 Kodiak Island Borough James and Linda Koob November 26, 1990 Page Two 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. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten (10) 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) days following the decision. Failure to utilize this approval within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter with you if you need to come into our office to obtain zoning compliance for any construction on the property. The Commission reconfirmed 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. The exceptional physical conditions applicable to the property include nonconforming lot 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 --Multifamily Residential Zoning District. Kodiak Island Borough James and Linda Koob November 26, 1990 Page Three 2. Strict application of the zoning ordinan es would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because they will require more than fifty (50%) of the structures replacement value. In addition, the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach both the property lot lines and the required setbacks. 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The lots behind the property which are located above South Hillcrest Street are not developed. In addition, it does not appear that these lots will be developed for some time, if ever, due to the fact that South Hlllcrest Drive has never been completed to that point. Therefore, the second story addition to the structure on Lot 13C will not block a view of an existing dwelling. The granting of the variance will not be detrimental to the public's health, safety or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate access and water supply for fire suppression activities. In addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply with the existing building Kodiak Island Borough James and Linda Koob November 26, 1990 Page Four codes such that the resulting structure would be much safer for the occupants, as well as the surrounding properties. There could be impacts to the neighboring properties as a result of the construction process. The applicant would have to obtain the permission of theadjacent property owners in order to encroach their property with materials or equipment used in the construction process. However, in order to mitigate the potential impact of construction, staff suggests that the Commission establish a time frame within which the project must be completed so that the adjacent property owners are not subjected to any unreasonably long lived impacts of construction. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan, 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 riot conducive the development of commercial enterprises. 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. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought y the variance. The actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance will be decided before the applicants takes any further action on the proposed renovation. That the granting of the variance will not permit a prohibited land use in the district involved. Kodiak Island Borough James and Linda Koob November 26, 1990 Page Five Single -Family Residences are a permitted land use in the R3 --Multifamily Residential Zoning District. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Eads, Secretary Community Development Department V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS There were no audience comments. A) Cue 8-87-034. Request for a second one (1) year extension of preliminary plat approval (to October 21, 1991). Subdivision of Lot 6A, Block 5, Miller Point Alaska Subdivision. 3985 Cliffstde Road (Dana and Jeanette Campbell) Staff recommended that the Commission grant a second one (1) year extension of thls previously approved subdivision. COMMISSIONER HODGINS MOVED TO GRANT a second one (1) year extension of preliminary plat approval (to October 21, 1991) for the subdivision of Lot 6A, Block 5, Miller Point Alaska Subdivision, creating Lots 6A-1 and 6A-2, Block 5, Miller Point Alaska Subdivision; and to confirm the condition of approval contained in the original approval. CONDITION OF APPROVAL All outdoor storage must be removed from Lot 6A-2 prior to filing the final plat. The motion was seconded and CARRIED by unanimous voice vote. B) Cue 89-084. Request for a one (1) year extension of a previously approved variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot protection into the existing six (6) foot rear yard setback on a lot in the R1 -- Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one- half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet Into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townslte; 113 Natalia (Jim Koob) Staff recommended that the Commission grant a one (1) year extension of this previously approved variance. Staff provided the Commission with the following additional handouts: supplemental memorandum. vicinity maps. and as -built survey. COMMISSIONER HARTT MOVED TO GRANT a one (1) year extension (December 20. 1991) of a previously approved variance from Sections 17.18.050 and 17.36.040 and 17.40.010 of the Borough Code: P & Z Minta Nwemlrc 21. 1990 Page 2 of 32 to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the 9.1 -- Single-family Residential Zoning District; and 2, to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and to allow a deck in the front yard to encroach two and one- half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and one-half (2.5) foot side yard: setback. Lot 13C, Block 16, Kodiak Townslte; and to reconfirm the "Findings of Fact" and the three (3) conditions of approval contained 1n the original approval of Case 89-064. CONDITIONS OF APPROVAL 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 a 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. 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. FINDINGS OF FACT Exceptional physical circumstances or conditions, applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district, The exceptional physical conditions applicable to the property Include nonconforming lot 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 --Multifamily Residential Zoning District. P & Z pints November 21, 1990 Page 3 of 32 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because they will require more than fifty (50%) of the structures replacement value. In addition. the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach both the property lot lines and the required setbacks. 3. The Cantina of the variance will not result in material damages or prejudice to other properties in the victnity nor be detrimental to the public's health. safety and welfare, The granting of the variance wW not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The Lots behind the property which are located above South Hillcrest Street are not developed. In addition, it does not appear that these lots will be developed for some time, if ever, due to the fact that South HWcrest Drive has never been completed to that point. Therefore, the second story addition to the structure on Lot 13C will not block a view of an existing dwelling. The granting of the variance will not be detrimental to the public's health. safety or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate access and water supply for fire suppression activities. in addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply with the existing building codes such that the resulting structure would be much safer for the occupants, as well as the surrounding properties. There could be impacts to the neighboring properties as a result of the construction process. The applicant would have to obtain the permission of the adJacent property owners in order to encroach their property with materials or equipment used in the construction process. However. in order to mitigate the potential impact of construction. staff suggests that the Commission establish a time frame within which the protect must be completed so that the adjacent property owners are not subjected to any unreasonably long lived impacts of construction. 4. The granting of the variance will not be contrary to the oblectives of the Comprehensive Plan. P&ZMUM= Natter 21. 1990 Page 4 of 32 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 conducive the development of commercial enterprises. 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. That actions of the applicant did not cause special, conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions from which relief is being sought by variance, This variance will be decided before the applicants takes any further action on the proposed renovation. 6. That the tainting of the variance will not permit q prohibited land use in the district involved, Single -Family Residences are a permitted land use in the R3--Multlfamtly Residential Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. The Commission took no action on a request by the applicant to consider removal of condition of approval three (3) at the regular meeting In December. There were no further appearance requests. PUBLIC HEARINGS A) Case 90-054. Request for the rezoning of five (5) tracts of land (approximately 165 acres) located within Lots 15 and 24, U.S. Survey 2539 from C --Conservation Jg I—Industrial, B --Business, and PM --Rural Residential One In accordance with Section 17.72.030 (Manner of Initiation) of the Borough Code. Generally located in the area commonly known as Swampy Acres. (Natives of Kodiak, Inc.: Tony Drabek) LINDA FREED indicated 9 public hearing notices were mailed and 1 was returned. stating non -objection to this request. 'Staff recommended forwarding this request to the Assembly recommending approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened, P s Z Minutes: Hamar 21. 1990 Page 5 of 32 DATE: TO: FROM: SUBJECT. RE: Appearance Request Item V -B Kodiak Island Borough MEMORANDUM November 15, 1990 Planning and Zoning Commission Community Development Department Supplemental information for the November 21, 1990, regular meeting Case 89-064. Request for a one (1) year extension of a previously approved variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one- half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) BACKGROUND At the packet review worksession held on November 14, 1990, the Commission requested additional information about the legal access for Lot 13C which was not shown on the site plans included in the staff report for this extension request. A copy of the plat of record (reduced) has been included for the Commission's consideration. As indicated, there is a ten (10) foot walkway easement around the front and side of the lot where the new parking area is located. This easement, however, does not specifically allow vehicular access to the lot. Staff has also provided a copy of the original vicinity map, sent with the public hearing notices for this case, and a copy of an aerial photo of the vicinity. This information was included in the original staff report for this variance. Please refer to the staff report dated November 13, 1990, for the staff recommendation and appropriate motion for this case. Case 89-064 Page 1 of 1 P & Z: November 21, 1990 .::._.•-•......,:.,..ttMer...:� HILL C .5 -r Avr a^'e Lqr 4,7. 7 4/. 94 18 .06 I 28.64 /O' 9° W 16 "o LOT vz q to tee ofi N 3,340°` Slut '1 . w 0 Ccse 89-064 Lot 13C, Bloc K 16; <odiooK—owrsite^ 3L 3IIC \otice Arec - UlinirHurn of 35C feet frori exterior lot lines re • 4 1\ w.wera., xl t`4',V An. "Plikli ecbaJT:ri& 4 CS James and Linda Koob 109 Natalia Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 November • 15, 1990 Re: Case 89-064. Request for a one (1) year extension of a previously approved variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 -=Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one- half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia Dear Mr. and Mrs. Koob: Enclosed please find a copy of the materials, concerning the above referenced item, reviewed by the Planning and Zoning Commission at their regularly scheduled packet review worksession held Wednesday, November 14, 1990. If you have any questions or comments, please contact the Community Development Department. Sincerely, frikkim Patricia Eads, Secretary Community Development Department enclosures DATE: TO: FROM: SUBJECT: Appearance Request Item V-19 Kodiak Island Borough MEMORANDUM November 13, 1990 Planning and Zoning Commission Community Development Departmen Information for the November 21, 1990 Meeting Case 89-064. Request for a one (1) year extension of a previously approved variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 -- Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2 5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) BACKGROUND The Planning and Zoning Commission granted the above referenced variance at the regular meeting of December 20, 1989. Staff has included a copy of the action letter from the original approval which shows the conditions of approval and findings of fact. A site visit to the property on October 30, 1990, indicates that the conditions on the lot are substantially the same as when the variance was originally granted. Some uncompleted work on a deck above :the proposed ground level parking area was observed. This work appears to have been a part of the project for which this variance was requested. No permits for the remodel project identified in this request have been issued. This is because the conditions of approval have not been met. Specifically, the property owner has not been able to acquire an access easement from the Case 89-064 Page 1 of 3 P & Z: November 21, 1990 em V•5 neighboring property owner, as required, prior to issuance of the zoning compliance permit. The City of Kodiak is still planning to re -design this street to improve parking and traffic conditions. These changes may provide the necessary legal access to satisfy condition of approval number one (#1). The applicant also requests that condition of approval number three (#3) be waived by the Commission. In support of this request, a letter from a neighboring property owner has been submitted for the Commission's review. Staff notes that the request was not received in time for a public hearing to be scheduled at this meeting. If the Commission believesthat this condition should be reviewed, a motion to hold a public hearing at the December regular meeting is appropriate. Staff notes that the time period specified by the condition does not begin until the zoning compliance permit is issued. This variance was approved with three (3) 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 a 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. Completion of the protect 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. RECOMMENDATION Staff recommends that the Commission grant a one (1) year extension of this previously approved variance. Case 89-061 Page 2 of 3 P & Z: November 21, 1990 Appearance Request Item V -B APPROPRIATE MOTIONS Should the Commission agree with the staff recommendation, an appropriate motion is: Move to grant a one (1) year extension (December 20, 1991) of a previously approved variance from Sections 17.18.050 and 17.36.040 and 17.40.010 of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single- family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and one-half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; and to reconfirm the "Findings of Fact" and the three (3) conditions of approval contained in the original approval of Case 89- 064. if the Commission wishes to reconsider condition of approval number three (#3) for Case 89-064, an appropriate motion is: Case B9-064 Move to reconsider Case 89-064's condition of approval number three and schedule the review as a public hearing at the Commission's December 19, 1990, regular meeting. Page 3 of 3 P & Z• November 21, 1990 azb, L RECEIVED OCT z 9 mu COMMUNITY DEVELOPMENT DEPT October 29, 1990 Linda Freed, Director Kodiak Island Borough Community Development 710 Mill Bay Kodiak, Alaska 99615 Dear Linda: Department At this time I would like to withdraw my objection of Jim and Linda Koob's request for a variance relative to their proposed improvements on their residence located at Lot 13 C, Block 17, Kodiak Townsite. As you may recall I had expressed a concern about the duration of this project and had requested that the Koob's be granted a variance with the condition that they complete their improvements within a year. Jim and Linda have done a remarkable job this summer and have accomplished much of the work that I had originally thought would be bothersome and prolonged. Sincerel Tony Drabek RECFivD OCT 9 MU COMMUNITY DEVELOPMENT DEPT t- Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 December 21, 1989 Mr. and Ms. Jim Koob 109 Natalia Lane Kodiak, Alaska 99615 Re: Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single- family residence which will permit the value of the reconstruction to , exceed fifty percent (50%) of the replacement value of the structure; and to allow a deck in the front yard to encroach two and one-half (2.5) feet Into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard, setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob), Dear Mr. and Ms. Koob: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 20, 1989, granted the request for the variance cited above, subject to the ;following conditions: 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 a 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. Kodiak Island Borough ' Mr. and Ms. Jim Koob December 21, 1989 Page Two 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 Issuence 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. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. I. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal, the relief sought by the applicant, and be accompanied by the appropriate fee. Therefore, the Commission's decision will not be final and effective until ten (10) days following the decision. Failure to utilize this variance within twelve (12) months after its effective date shall cause Its cancellation. Please bring this letter when you come to our office to obtain zoning compliance for any construction on the lot, .The Commission adopted the following findings of fact in support of their decision: 1. r; Exceptional physical circumstances or conditions applicable to the property or intended use of development. which generally do not apply to other properties In the same land use district. ' . The exceptional physical conditions applicable to the property include , nonconforming lot 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 Kodiak Island Borough Mr. and Ms. Jim Koob December 21, 1989 Page Three 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 --Multifamily Residential Zoning District. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because they will require more than fifty (50%) of the structures replacement value. In addition, the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach both the property lot lines and the required setbacks. 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The Tots behind the property which are located above South Hillcrest Street are not developed. In addition, it does not appear that these lots will be developed for some time, If ever, due to the fact that South Hillcrest Drive has never been completed to that point. Therefore, the second story addition to the structure on Lot 13C will not block a view of an existing dwelling. The granting of the variance will not be detrimental to the public's health, safety or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate access and water supply for fire suppression activities. In addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply Kodiak Island Borough Mr. and Ms. Jim Koob December2l, 1989 Page Four. with the existing building codes such that the .resulting structure would be much safer for the occupants, as well as the surrounding properties. • There could be impacts to the neighboring properties as a result of the construction process. The applicant would have to obtain the permission of the adjacent property owners in order to encroach their property with materials or equipment used in the construction process. However, in order to mitigate the potential impact of construction, staff suggests that the Commission establish a time frame within which the project must be completed so that the adjacent property owners are not subjected to any unreasonably long lived impacts of construction. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. 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' conducive the development of commercial enterprises. 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. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance will be decided before the applicants takes any further action on the proposed renovation. That the granting of the variance will not permit a prohibited land use in the district involved. ' Single -Family Residences are a permitted land use in the R3 --Multifamily Residential Zoning District. Kodiak Island Borough Mr. and Ms. Jim Koob December2l, 1989 Page Five If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, Se Community Development Department Y40.` JOMMINy vi'i'i l toisWr4P_ 7157.71 t Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 November 1, 1990 James and Linda Koob 109 Natalia Kodiak, Alaska 99615 Re: Case 89-064. Request for a one (1) year extension of a previously approved variance from Sections 17.18.050 (Yards) and 17.36.040 Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one- half (1.5) feet into' the required. two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia Dear Mr. and 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 November 21, 1990 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, November 14, 1990, 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. If you have any questions, please call the Community Development Department at 486-5736, extension 255. Sincerely, Patricia Eads, Secretary Community Development Department Mr. and Ms. Jim Koob 109 Natalia Lane Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 December 21; 1989 Re: Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single- family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) Dear Mr. and Ms. Koob: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 20, 1989, granted the request for the variance cited above, subject to the following conditions: 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 a 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. Kodiak Island Borough Mr. and Ms. Jim Koob December2l, 1989 Page Two 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. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must first be obtained. Please contact this office for further details. An appeal of this decision may be initiated by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten (10) days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal, the relief sought by the applicant, and be accompanied by the appropriate fee. Therefore, the Commission's decision will not be final and effective until ten (10) days following the decision. Failure to utilize this variance within twelve (12) months after its effective date shall cause its cancellation. Please bring this letter when you come to our office to obtain zoning compliance for any construction on the lot. 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. The exceptional physical conditions applicable to the property include nonconforming lot 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 Kodiak Island Borough Mr. and Ms. Jim Koob December 21, 1989 Page Three existing structure on the lot where it encroaches the setbacks on three sides. These conditions generally do not apply to other Tots in the R3 --Multifamily Residential Zoning District. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because they will require more than fifty (50%) of the structures replacement value. In addition, the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach both the property lot lines and the required setbacks. 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The lots behind the property which are located above South Hillcrest Street are not developed. In addition, it does not appear that these lots will be developed for some time, if ever, due to the fact that South Hillcrest Drive has never been completed to that point. Therefore, the second story additionto the structure on Lot 13C will not block a view of an existing dwelling. The granting of the variance will not be detrimental to the public's health, safety or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate access and water supply for fire suppression activities. In addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply Kodiak Island Borough Mr. and Ms. Jim Koob December 21, 1989 Page Four with the existing building codes such that the resulting structure would be much safer for the occupants, as well as the surrounding properties. There could be impacts to the neighboring properties as a result of the construction process. The applicant would have to obtainthe permission of the adjacent property owners In order to encroach their property with materials or equipment used in the construction process. However, in order to mitigate the potential impact of construction, staff suggests that the Commission establish a time frame within which the project must be completed so that the adjacent property owners are not subjected to any unreasonably long lived impacts of construction. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 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 conducive the development of commercial enterprises. 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. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance will be decided before the applicants takes any further action on the proposed renovation. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single -Family Residences are a permitted land use in the R3 --Multifamily Residential Zoning District. Kodiak Island Borough Mr. and Ms. Jim Koob December2l, 1989 Page Five If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, S Community Development Department regulations, as amended, to implement the Rural Development Zoning District. The motion was seconded and CARRIED by unanimous roll call vote. B) _Case 89-064_;Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections Into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet Into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) DUANE DVORAK indicated 33 public hearing notices were mailed for this case and none were returned. Staff noted that a revised memorandum had been distributed as part of the "additional handouts." Staff recommended approval of this request subject to conditions. CHAIRMAN HENDEL recessed the meeting at 8:50 p.m. in order to read the revised staff report. CHAIRMAN HENDEL reconvened themeeting at 8:55 p.m. Regular Session Closed. Public Hearing Opened: KEN VAN DYKE, contractor, appeared before the Commission and expressed support for this request. The Commission and Mr. Van Dyke, with input from Community Development Department staff, discussed the recommended conditions of approval. JIM KOOB, applicant, appeared before the Commission and expressed support for this request. The Commission and Mr. Koob, with input from Community Development Department staff, discussed the recommended conditions of approval. TONY DRABECK, adjacent neighbor, appeared before the Commission and expressed concem with the timeframe for this project. Mr. Drabeck stated that it has been a five year project to this point. Mr. Drabeck' expressed support for condition of approval number three. Page 9 0121 PBZ Minutes: December 20, 1989 r The Commission and staff discussed the enforceability ofcondition of approval number three. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT a request for a variance from Sections 17.18.050 and 17.36.040 and 17.40.010 of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot In the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet Into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback on Lot 13C, Block 16, Kodiak Townsite; subject to the conditions of approval contained in the staff report dated December 20, 1989; and to adopt the findings contained in the staff report dated December 20, 1989 as "Findings of Fact' for this case. CONDITIONS OF APPROVAL 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 a 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. The motion was seconded and CARRIED by unanimous roll call vote. Page 10 of 21 _P & 2 Minutes: December 20, 1989 DATE: TO: FROM: SUBJECT: RE: ITEM VI -B Kodiak Island Borough MEMORANDUM December 20, 1989 Planning and Zoning Commission Community Development Department Information for the December 20, 1989 regular meeting Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) BACKGROUND This revised staff report is due to additional information which was presented to staff since the December 13, 1989, Planning and Zoning Commission packet review worksession. Staff was contacted by one of the adjacent property owners concerning the probability of off-site impacts to surrounding properties during the reconstruction of the subject residence. Staff feels that this aspect may have been overlooked in the previous staff Case 69-064 Page 1 016 P & Z: December 20, 1989 ITEM vi -s report and therefore suggests an additional condition of approval to address this concern. The concern expressed was not so much an objection to the proposed development as it was a concern about how long the development would take to complete. Staff suggests that a one year time limit be established, from the time that zoning compliance is obtained, for the completion of this project. Staff discussed the above concern with the applicant, The applicant indicated that to the extent feasible, the building materials would be stored in the area under the house which would eventually be used for the off-street parking spaces. The applicant did not indicate any intention of encroaching neighboring properties during the construction effort without first obtaining approval of the property owners. The applicant also submitted a copy of the plat creating Lot 13C, Block 16, Kodiak Townsite. It appears on the original plat that there was dedicated a ten (10) foot walkway easement, established on Lot 13A for the benefit of Lot 13C. After further review by staff it appears this easement is intended to serve the existing house by providing a landing area for the stairway traditionally used to access the house. Staff does not believe that this easement is sufficient to provide legal access to the lower portion of the house where the off-street parking is intended to be located. This easement was not intended to provide vehicular access to the property. In addition, it would not appear that the easement confers any right to use the easement for the storage of building materials for the project. If the applicant needs additional room for material storage he will have to obtain permission from the adjacent property owners. Staff still recommends that the Commission require a condition of approval to obtain an easement across Lot 13A for the express purpose of permitting adequate vehicle access to Lot 13C. The applicant's agent, Mr. Ken Van Dyke has submitted additional information addressing the two suggested conditions of approval that were discussed at last week's packet review. Staff called to verify whether the City of Kodiak intended to build a cul- de-sac at the end of Natalia Lane. According to Assistant Public Works Director, Larry Monroe, while there may have been a plan at one time, Mr. Monroe could not confirm the City's intention to develop a cul-de-sac on Natalia Lane. As for the information relating to fire flow adequacy, staff recommends maintaining the existing condition of approval for water supply and access. Staff would much prefer to have the fire chief's signature on the zoning compliance prior to issuing zoning compliance for this proposed development. Case 89-064 Page2of6 PBZ: December 20, 1969 /oe/C /7 Cents Arrayed) / A.', die = , Corners ,cle /4's .6 Pe /4 /9>c� BUILT SURVEY :AO s.... 1'40.16385 e� ; I hereby certify that I have. surveyed the following described property: /0A /s -C., r. Sack /‘ /c s. _ay zss7-.=f Kd.9.y A/ertn .. and that the improvements situated thereon are within the property lines 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 lines or other visible easements on said property except as Indi- cated hereon. Dated this / / LQ T— 't day of .._,.�r /"'1C' , 1921: ROY A. ' CKLUND Registered Land Surveyor ITEM VI -B FINDINGS OF FACT 1. Exceptional physical circumstances• or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical conditions applicable to the property include nonconforming lot 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 --Multifamily Residential Zoning District. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because they will require more than fifty (50%) of the structures replacement value. In addition, the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach both the property lot lines and the required setbacks. 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The lots behind the property which are located above South Hillcrest Street are not developed. In addition, it does not appear that these lots will be developed for some time, if ever, due to the fact that South Hillcrest Drive has never been completed to that point. Therefore, the second story addition to the structure on Lot 13C will not block a view of an existing dwelling. The granting of the variance will not be detrimental to the public's health, safety or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate Case 89-064 Page 3 of 6 P & Z: December 20, 1989 ITEM VI -B access and water supply for fire suppression activities. In addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply with the existing building codes such that the resulting structure would be much safer for the occupants, as well as the surrounding properties. There could be impacts to the neighboring properties as a result of the construction process. The applicant would have to obtain the permission of the adjacent property owners in order to encroach their property with materials or equipment used in the construction process. However, in order to mitigate the potential impact of construction, staff suggests that the Commission establish a time frame within which the project must be completed so that the adjacent property owners are not subjected to any unreasonably long lived impacts of construction. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 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 conducive the development of commercial enterprises. 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. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions from which relief is being sought by variance. This variance will be decided before the applicants takes any further action on the proposed renovation. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single -Family Residences are a permitted land use in the R3 --Multifamily Residential Zoning District. Case 89-064 Page 4 of 6 P & Z: December 20, 1989 ITEM VI•B RECOMMENDATION Staff finds that this request does meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for a variance from Sections 17.18.050 and 17.36.040 and 17.40.010 of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback on Lot 13C, Block 16, Kodiak Townsite; subject to the conditions of approval contained in the staff report dated December 20, 1.989; and to adopt the findings contained in the staff report dated December 20, 1989 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 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 a part of this variance. A copy of the recorded easement must be Case 89-064 Page 5 of 6 P & Z: December 20, 1989 ITEM VI -B 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 89-064 Page 6 of 6 P & Z: December 20, 1989 vI-a Yow6L Tb. .ecnraa 44 SPt.c VD tot LOT IL. L CRC._5T AVE RECEIVED DEC 191989 VL-') COMMUNITY DEVELOPMENT @EPT Planning and coning - Case #39-064 December 18, 1989 Lot 1 3C, Block 16, Kodiak Townsite 109 Natalia Lane - Mr. Jim Koob Iters # 1 (access to property) As suggested by the Planning 8: Zoning work session of December 13th, to check into existing easements on the north and east sides of lot 13C. I visited the Kodiak City Public Works Department located at 2410 Mill Bay Road and talked with Mr. Matt Holmstrom, Assistant City Engineer and Mr. Larry Monroe, City Engineer. I reviewed the information they had and fou.ncl that they were in the planning stages of requesting engineering services for work to be accomplished on Natalia Lane as well as other streets in the Hillside area for the improvement of drainage, replacement of underground utilites, and the pavement of streets in this area. Mr. Holmstrom produced a copy of their development. map (enclosure) of the area showing where Natalia Lane deadends into Mr. Koob's property on the southeast side. I pointed out that the way it now -lays it would remove the parking deck of the adjacent house as well as the existing fire hydrant that is located on private property (southeast corner of lot 13A). Upon reviewing what drawings the Public Works Dept. had on file, there are I10 known easements for water service to fire hydrant or water service to Mr. Rolland Jones' house on Hillcrest which is northwest of lot 13C. They suggested that I check with Mr. Roy Ecklund's office, which I did, as he did the original plot development back in 1974. Later I talked with Mr. John Sullivan, Public Works Director. He noted that they would be developing a turn -around at the top of Natalia Lane, and would do nothing with the spur (west turn) that goes into Mr. Koob's property. Based on information that this area will have a turn -around developed and that the existing driveway has been used by the public, not only to Mr. Koob's house but also as an access to the city fire department's fire hydrant, I request that the variance be permitted as requested, with final grades being established from city -developed drawings. Respeetbll;T, Ken n Dv Is Attv," 't LtFIVED OEC19939 vI-B COMMUNITY DEVELOPMENT DEPT December la, 19(59 Nan lling and Zoning - Case #89-064 - Lot 13C, Block 16, Kodiak Townsite 109 Natalia Lane - Mr. Jim Koob Item a2 (Water Supply/Fire Protection) The follow-up to P tic Z request 011 Water Supply/Fire Protection) to area of Lot 13C (109 Natalia Lane). Fire Chief Mike Dolph was contacted oh the 14th of December and requested to run a test on existing fire hydrant adjacent to Lot 13C. Test was to be run either on the 14th or the 15th, but after reviewing it's location and the amount of water flow it would develop from the Pitot test, washing of road and flooding of area would llaVe taken place. A test was not conducted. A call was made on the loth of Decenlber to Chief Dolph who noted that the existing fire hydrant was on a deadend b" watermain and the flow rate would he appro.dmately 500 to 600 gallons per minute (GPM). The pressure was adequate but the volume would be somewhat low since it was not on a looped system. He did not see any problem with the fire pi otection requirement. Based on this information, we request the variance be approved. KV/sv Respectfully; ray Ken Van Dyke DATE: TO: FROM: SUBJECT: RE: ITEM VI -B Kodiak Island Borough MEMORANDUM December 12, 1989 Planning and Zoning Commission Community Development Department D Information for the December 20, 1989 regular meeting Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) Thirty-three (33) public hearing notices were distributed on December 1, 1989. Date of site visit: Applicant: 2. Land Owner: December 4, 1989 Jim Koob Jim and Evelyn Koob Case 89-064 Page 1 of 10 P & Z: December 20, 1989 ITEM VI -B 3. Existing Zoning: R3 --Multifamily Residential 4. Zoning History: The 1968 Comprehensive Plan identifies this area as Residential -R3. Departmental files indicate no further action has been taken regarding this lot. 5. Location: Physical: 113 Natalia Lane Legal: Lot 13C, Block 16, Kodiak Townsite 6. Lot Size: 2,028 square feet 7. Existing Land Use: Single-family residential 8. Surrounding Land Use and Zoning: North: Lot 16, Blk 14, and a Portion of Lot 13A, Blk 16, Kodiak Townsite Use: Vacant lot and a single-family residence Zoning: R3 --Multifamily 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 single-family residences and a duplex Zoning: R3 --Multifamily Residential East: Lot 13A, Block 16, Kodiak Townsite Use: Single-family residential Zoning: R3--Single-Family Residential West: Lot 7B, Blk 17, Lot 15 and a Portion of Lot 16, Blk 14, Kodiak Townsite Use: Single-family residence and two vacant lots Zoning: R3 --Multifamily Residential 9. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area as Central Business District. Case 89-064 Page 2 of 10 P & Z: December 20, 1989 ITEM VI -B 10. 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: 17.18.050 Yards. A. Front Yard. 1. The minimum front yard shall be twenty-five feet unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus ane -half the remaining distance to the required twenty-five foot setback. 3. If neither of the abutting side lots or tracts are occupied by a structure, the setback shall be twenty-five feet. B. Side Yards. The minimum yard required, on each side of a principal building, is five feet. The minimum required side yard on the street side of a corner lot is ten feet. C. Rear Yard. The minimum rear yard required is ten feet. 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 terms 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. Case 89-064 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 Page 3 of 10 P & Z: December 20, 1989 ITEM VI -B 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. 17.40.010 Projections into .required yards. Where yards are required, they shall not be less in depth or width than the required minimum dimensions in any part, and they shall be at every point open and unobstructed from the ground to the sky, except as follows: A. Outside stairways, fire escapes, porches, decks, or landing places, if unroofed and unenclosed, may extend into a required side yard for a distance not to exceed four feet or into a required rear yard for a distance not to exceed twelve feet, but never more than one-half the distance of any required yard; 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. 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. Case 89-064 Page 4 of 10 P & Z: December 20, 1989 ITEM VI -8 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. Granting this variance will permit siting, design and construction measures to minimize the potential hazard of the steep topography in the area to the extent feasible and prudent. 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). 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 both insufficient lot width (approximately 47 feet) and lot area (2,028 square feet). The existing setbacks, which are already encroaching the required Case 89-064 Page 5 of 10 P & Z: December 20, 1989 ITEM VI -B setbacks on three sides (the front, southwest side, and the rear) would be further encroached as a result of the proposed additions to the structure. Staff has averaged the front yard setbacks of the two neighboring single-family dwellings on Lots 7B, Block 17, and Lot 13A, Block 16, Kodiak Townsite. The front yard setback for Lot 13C, based on an average taken from aerial photomaps, appears to be about twelve and one-half (12.5) feet. This seemed to be consistent with staff observations on the site prior to :preparing this staff report. [The margin of error for the aerial photos is plus or minus ten (10) feet however.] The deck addition proposed for the front of the structure will project nine and one half (9.5) feet into the required twelve and one half (12.5) foot front yard setback. This is an addition of about two and one half (2.5) feet over The maximum projection of the existing structure. Because this deck will be uncovered and unenclosed, Borough Code allows a deck of this type to project no more than half the distance of any required yard (Kodiak Island Borough Code Section 17.40.010A Projections into Required Yards). This means that if the required setback is about twelve and one half (12.5) feet, then the deck may project up to six and one quarter (6.25) feet into the required setback. The deck will then project three and one quarter (3.25) feet into the required setback for an unroofed and unenclosed deck. In addition, the deck will project an additional one and two tenths (1.2) feet into the southwest side yard. This would amount to a total projection of one and one half (1.5) feet into the required minimum setback of two and one half (2.5) feet for an unroofed and unenclosed deck projection into the side yard. Since the proposed deck would only extend into the northeast side yard setback for a total of two and four tenths (2.4) feet, this projection is permitted by the Borough Code without a variance. The second floor addition,proposed as a later phase of the renovation will encroach an additional three (3) feet Into the existing rear yard setback. This would amount to a total encroachment of seven (7) feet into the required ten (10) foot rear yard setback. These proposed additions will increase the nonconformity of the existing structure; however, the creation of two (2) off-street parking spaces on the lot will alleviate at least one nonconforming attribute of the structure. This parking area development would have to be supplemented by an easement across Lot 13A for the benefit of Lot 13C, In order to provide adequate legal access to the spaces. Staff recommends that such an agreement should be a condition of approval should the variance be granted by the Commission. Recently, the City of Kodiak has taken over the enforcement of the Uniform Fire Code. Because the City of Kodiak Fire Chief has assumed this function, staff will no longer be Case 89-064 Page 6 of 10 P & Z: December 20, 1989 ITEM VI -B required to note whether adequate access or water supply exists on the zoning compliance permit. As a result, any new construction or additions to existing dwellings inside the City of Kodiak will have to meet with the approval of the Fire Chief. Since Natalia Lane was identified by staff previously as a questionable access, staff recommends that the City of Kodiak Fire Chief certify that adequate access and water supply exist as a condition of approval should the variance be granted by the Commission. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical conditions applicable to the property include the lot's nonconforming lot 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 --Multifamily Residential Zoning District. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinances would not permit the additions to this structure because it will require more than fifty (50%) of the structure's replacement value. In addition, the proposed additions would further encroach three of the required setbacks on the lot. This constitutes an unnecessary hardship as there are many other nonconforming structures in this part of Kodiak which encroach the property lot lines, not just the setbacks. 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. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity. Staff noted that there was ample distance between the subject structure and neighboring structures to accommodate the additions and still maintain adequate separation of uses. The lots behind the property which are located above South Hillcrest Street are not developed. In Case 89-064 Page 7 of 10 P & Z: December 20, 1989 ITEM VI•B addition, it does not appear that these lots will be developed for some time, if ever, due to the fact that South Hillcrest Drive has never been completed. Therefore, the second story addition to the structure on Lot 13C will not block the view from an existing dwelling. The granting of the variance will not be detrimental to the public's health, safety, or general welfare. Staff has already recommended that any variance be conditioned upon approval by the Kodiak City Fire Chief concerning adequate access and water supply for fire suppression activities. In addition, staff notes that the existing structure is very old and probably does not comply with the existing building codes. A new or extensively remodeled structure would comply with the existing building codes such that the resulting structure would be much safer for the occupants, as well as the surrounding properties. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 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 conducive to the development of commercial enterprises. 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. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused the conditions from which relief is being sought by this variance. This variance will be decided before the applicant takes any further action on the proposed renovation. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are a permitted land use in the R3 --Multifamily Residential Zoning District. Case 89-064 Page 8 of 10 P 8 Z: December 20, 1989 ITEM VI -B RECOMMENDATION Staff finds that this request does meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance from Sections 17.18.050, 17.36.040, and 17.40.010 of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback on Lot 130, Block 16, Kodiak Townsite; subject to the conditions of approval contained in the staff report dated December 12, 1989; and to adopt the findings contained in the staff report dated December 12, 1989 as "Findings of Fact" for this case. CONDITIONS OF APPROVAL 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 which provides adequate legal access to the proposed off-street parking area to be developed as a part of this variance. The applicant must provide a "conformed" copy of the Case 89-064 Page 9 of 10 P & Z: December 20, 1989 ITEM VI -B easement to the 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 renovated structure 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. Case 89-064 Page 10 of 10 P 8 Z: December 20, 1989 Case 89-064 Lot 13C, BlocK 16, <oc is K TownsitE Pudic \otice Arec vinirnurn of 357 fee, ronl ex :error o : V r es 1 Mr, & Mrs. Jim Koob I09 Natalia Lane Kodiak, AK 99615 (907) 486-5114 LOT 13C, BLOCK #16, KIS "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 nit)) 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: PHASE I - excavate under northeast section of house for pro- viding 2 off-street parking spaces, (see drawing sheet 2 of 6) as well as complete excavation of east section of base- 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 lot level deck on north side. Construction will be R-19 insulated walls and extended floor system with attic being 8-39 insulated. Second floor wall ex- terior will match first floor walla. All work to be accomplished to existing city ordinances and building codes as required. 0 ij / C,,vb- 51'E" A-2.61 LOT 3C BLOCK 16 K MIR MFRS JIM K000 109 NATALI A LAIIE K AK. ,..)0615 PLOT PLAN (ExISTINe 6 6 MR,41s4RS. JIM KOOK 109 .NATALIA LANE K ODI AK AK 9905 LOT 13 C 131_00. 6 k _PROPOSED PLOT PLAN •=•• sL"--VIss. c, INA_E\\o'- - ELEVATIONS w j. uJ cJ \ fll 0 0 LiJ 1.r) —I - • — < < z ▪ - CC a — 1c:37- Oa.C] ..... E,tt STM -1c.. }\1;,lal Lr L\mss-. l 6" . Z » Foanu.tc ia7 4' .a; 2Zsa�z. C t I Srlw4 1 n a UNt5.Gp. Yfa' 12,-:i _'+cc'_ amu ✓ IS e SAlc A 31 cXCl�VL.1�=h ..taiZt'i. ��i0.5 7,7) ! ;i 1~w== N• ri F l2�' SCOstil-la 3-q.•SU.Ys:, • 2" 'X'S�= BECK L1N•t , -me) W.tt4 0 _ 1/4,"n \' �-•- w KK 7 1 7� 1'021,-1,11220,4 Lu '-` LOT \3C BLoCK 16 KT.S. MR ARS J|W KO08 |O9 —NATAL|A LANE � KOD|AK, AK, 9O616 NORTH ELEVATION - �A��5 ��-- `__T o= ~�_ ... LOT 13C' BLOCKL6 t MRS 0 0 13 .„ 109. -NATALIA' LANE g9615 • EAST ELEVATION --IEET 6 c„ 6 MR. AND MRS JIM KOOB 109 NATALIA LANE KODIAK, ALASKA 99615 (907) 486-5114 DESCRIPTION: LOT IBC BLOCK 16 K.T.S. PICTURES (NOTE PICTURES WERE TAKEN ON 6 NOV 1989) ,sy" 71, -ATtwei, #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 qc #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) Si #4 SOUTHEAST CORNER OF LOT WHERE EXISTING ENBANKMENT IS TO BE LOWERED TO PROVIDE DAYLIGHT BASEMENT. Aftk- srr 4 r #5 NORTH SIDE OF HOUSE SHOWING HIGH GABLE ROOF WITH EXISTING HEATER STACK FROM MECHANICAL ROOM. #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. rty,it ! -Ar4 " <4' #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. d4.4till 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 -kr t,-7..? -4' • 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) 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. Mr. and Ms. Jim Koob 109 Natalia Lane Kodiak, Alaska 99615 Kodiak Island Borough • 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 PHONE (907) 486-5736 December 1, 1989 Re: Case 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: (1) to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and (2) to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and (3) to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) Dear Mr. and Ms. 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 December 20, 1989 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, December 13, 1989, at 7:30 p.m. in the Kodiak Island Borough School District Conference Room, 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. If you have any questions, please call the Community Development Department at 486- 5736, extension 255. Sincerely, Patricia Miley, Se ry Community Development Department • KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 20, 1989. 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 89-064. Request for a variance from Sections 17.18.050 (Yards) and 17.36.040 (Nonconforming structures) and 17.40.010 (Projections into required yards) of the Borough Code: 1. to allow an additional three (3) foot projection into the existing six (6) foot rear yard setback on a lot in the R1 --Single-family Residential Zoning District; and 2. to permit the extensive remodeling/reconstruction of an existing single-family residence which will permit the value of the reconstruction to exceed fifty percent (50%) of the replacement value of the structure; and 3. to allow a deck in the front yard to encroach two and one-half (2.5) feet into the existing five and one-half (5.5) foot front yard setback and one and one-half (1.5) feet into the required two and a half (2.5) foot side yard setback. Lot 13C, Block 16, Kodiak Townsite; 113 Natalia (Jim Koob) 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. This notice is being sent to you because our records indicate you are a property owner in the area of the request. If you have any questions about the request, please feel free to call us at 486-5736, extension 255. Your Name: Mailing Address: Your property description: Comments: () Ccse 89-064 ot 13C, Blocq 16, <odicK o\'N site' P plic \otice AreL v;nHurn of 350 feet froi exterior lot IHes PEARSON/ J GENENE I P.O. 0 KODIAK R1340140160 AK 99615 RI 3401 40172 JONES/ ROLLAND P.O. BDX 375 KODI AK AK 99615 ST ST PIERRE/BRUCE P.O. 80X 3354 KODIAK R1340140180 AK 99615 R1340160041 DEVEAU BUILDING COMPANY P.O. BOX 2487 KODIAK AK 99615 RI 340160042 HUN.. EY WILLI AM & SIDNEY P.O. BOX 966 KODIAK AK 99615 HUBLEY/ARCHIE P.O. BOX 966 KODIAK HUBL EY ./ ISAAC P.O., BOX 966 KODI AK RI 340160043 AK 99615 R1340160044 AK 99615 R1340160050 11-1g ..p2_ o60(71 1374ALS tz/i /el R1340140110 ANTHONY/ JOHN a BARBARA ' 210 HI LLCR EST 0, K DI AK AK 99615 PEARSON/ JAMES S GENENE IVA OWEN P.O. BOX 669 KODIAK ELKS CLUB ;71772 P.O. BOX 846 KODIAK • KODI AK / CITY OF P.O. BOX 1397 KODIAK R1 340140130 AK 99615 R1340140140 AK 99615 R1340140150 AK 99615 t-RttrIAN, DUANE NANCY P.O. Box 912 KODIAK AK 99615 R1340160060 FREEMAN, DU AN 1ANCY P.0. BOX 9 KODIAK AK 99615 R1340160070 MACDONALD. JERRY & JOY %RONALD DOUBT 1011 MISSION KODI AK KODI AK . C ITY P.O. BOX KODI AK AK 99615 R1340160080 AK 99615 R1340160125 WURM.ROBERT J & AL IC IA A P.O. BOX 3652 KODIAK AK 99615 R1340160126 SPRINGHILL/ELIZABETH C SPRINGHILL NAULT 'MARVA P.O. BOX 922 KODIAK SPRINGHILL P.O. BOX 92 KODI AK AK 99615 R1340160128 ARYA AK 99615 R13 0 60129 SPRINGHILL 4iJIYMA P.O. BOX 92 KODIAK AK 99615 SPRINGHIL P.O. BOX KODIAK R1340160130 LT,MARYA AROINGER,HAZEL P.O. BOX 1675 KODIAK AK 99615 - R1340160131 AK 99615 R1340160132 KOOB,QUIRINUS & EVELYN 1134 WEST LAKE STREET WORTHINGTON MN 56187 R1340160142 SPRINGHILLtEL1ZABETH C P.O. BOX 922 KODIAK AK 99615 SPRINGHILL'ELI P.O. BOX 922 KODIAK R1340160151 . T•H C 99615 R1340160153 CARBIN ESTATE,JOSEPH C/D MRS LOU BOETGER 3742 MCCAIN ROAD ANCHORAGE AK 99503 CARBIN ESTA C/0 MRS LO 3742 MCCAI ANCHORA R1340160154 JOSEPH AK 99503 KODIAK,C P.O. BOX KODIAK R13401601 AK 99615 R1340160171 L CO WILLIAM LAMME 836 M STREET g311 ANCHORAGE AK 99501 R1340160172 EGGEMEYER,JAMES C MARLYS S P.O. BOX 965 KODIAK AK 99615 EGGEMEYER, P.O. BOX K0DI AK R1340160/73 & MARLYS S 99615 R1340170010 KI Mt JUNG E YUN 9S UNG P.O. BOX 759 KODIAK AK 99615 SUTLIFF, MARGARET P.O. BOX 3669 KODIAK SUTLIF P.O. 80 KODIAK R1340170021 AK 99615 R1340170022 AK 99615 R1340170023 SulL11-1-, ARti P.O. 31 .69 KODI,K AK 99615 R1340170030 JOHNSTON? JAY T 1417 MILL BAY RD. KODIAK AK 99615 JOHNSTON, P.O. 30X KODIAK R1340170041 THOMAS ANDERSON, JAMES 101 NATALI A KODIAK AK 99615 R1340170042 SOPHIE AK 99615 R1340170050 SHOLL,CECI L C PHYLLIS P.O. BOX 681 KODIAK AK 99615 SHOLL,PHY P.O. BOX KODIAK R1340170062 CECI L AK 99615 R1340170072 DR ABECK, ANTHONY/KATHLEEN P.O. BOX 261 KODIAK AK 99615 FREEMAN P.O. BOX KDDI AK R1340170081) NANCY AK 99615 R/340170090 ORTHODOX CHURCH OF AMER DIOCESE OF SITKA & AK P.O. BOX.55 KODIAK AK 99615 DEPLA2ES/DOUGLAS P.O. BOX 2923 KODIAK R1340170100 AK 99615 R1340170110 UGANIK TRADING COMPANY P.O. BOX 669 KODIAK AK 99615 RUSSIAN 0 P.O. 30X KODIA: R1380070002 X CHURCH AK 99615 R1300000121 GILBERT/GARY P.O. BOX 66207 AMF O'HARE CHICAGO IL 60666 YUN,SOOK C P.O. BOX 759 KODIAK R1220020010 AK 99615 R1220020020 FEDALASKA FEDERAL CREDIT P.O. BOX 7*505 ANCHORAGE AK 99510 /1/aa./89 149 , p -K 77) u)A.) & /4 L01-- /a 8u /v , /7 Ppwvr- Co r Y Lor 1) 1e '3V 0/410 /1 /go / 3 y D/' o ©y/ /r /3V Olga /10. ✓ /a /38 Do OD ,e /30 0000 /a, ✓ / O©ao ©/D ood5/0 D/✓ w Case 89-064 Lot 13C, Blocq 16, KoccK ownsite Hc N Arec i rr u �n o r 350 feet ex erior o, i es 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 with 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: PHASE I - excavate under northeast section of house for pro- viding 2 off-street parking spaces, (see drawing sheet 2 of 6) as well as complete excavation of east section of base- 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. PP 4Ge-o-s-tTT�� \ '•;* \ • \ '-•- \iO N —S 46°- 09' v•z ct I I CP 5 00 tacawuro wrruo-.) Eitr"--5i1Ta7gb < cZt() o < 3 o 0 it - 1 �. 1`!111 JIM T1 LOT 13G BLOCK- -16 - K T °S R.: MRS ,JIM KOO8. 109 NATALIA LANE KODIAK AK•. 99615 ELEVATIONS ..: EXISTt PROPOS ( -• " c)v-, • • C. \_ I ti 0 • ! 1.! `1) . 13" Zolk" roars L4% 4 rzva,--vbs..e. -cnisT%,44 ui y, s...e.J. qs.B 1 1 1 r?, S 1 1 c i - ' '''' waNt=!.f.r.4...4.47F-.1.7.2_74-./..liei.-_ .01:11)4__45;...7.•:-.-...777-_-_:-______. , 3 \ 91 - • ...-sz.s.stS0.517) v xl el i NIi At : . 0 • ; a t i • '7IES1-* A t Foot -sr -lc. r.." -3.- 14€t 0:1 Irmo Y044.1 DECK. \_\ts,=_- Avx-f_)k_112 — O - 511232U.-Iv•Stae.t..4 0 LOT I3C BLOC►( 16 KT,s. Mfg UPAS W 1 K00B 10 9• .N A T A. L 1 A LANE K { n 1A.K, AK . 99616 ••••••••-. 1 • , ! • 1- • 1 • 1111 ; I h. 1,• I: I CX.N5-ca, -BU ‘L-VINGcrr ;' 1' • 1 .1 • • ; 7-• I-7- I —4, 1 i • ' i...— --1 ; —;.1—• 1--- " , , . • 1 • . • ; ! ; • • • ; ' • I • .1 ', ; i l' . , i—: .!. -------' 1— I—, i-- -•‘-------=-_r=,_ 1.; j • . 1 -1-•;•-i • ' , 1 . • I , I. i ' " L_ • • :• ; - 11 11 •! • r -L-- I 4 7i ri L 1 1 1 „ 1_ WAIr SV• st-,A,6 is ;AL, 1 1:7 7 . t,4& 17ZA C.) r) KODIAK ISLAND BOROUGH • COMMUNITY DEVELOPMENT DEPARTMENT 710 MILL BAY ROAD, ROOM 204, KODIAK, ALASKA 99615-6340, (907) 486-5736 The application fee for all items covered by this form Is fifty dollars ($50.00), except as otherwise noted. Conditional Use Pennits, Excepdons, and Variance applications also require the submission of a site plan. Applicant information Properly owner's name: Mr. & Mrs. Jim Koob Property owners mailing address: 109 Natalia Lane City: Kodiak State: Alaska Zip: 99615 Home phone: (907) 486-5114 If applicable, Agent's name: Ken Van Dyke Agent's mailing address: 1415 Zentner Avenue Work phone: City: Kodiak State: Alaska Home phone: (907) 486-5162 Zip: 9_9615 Work phone: Property information Legal Description: Lot 13 C, Block 16 KTS Present use of property: Single family residence Proposed use of property: _ Oat) GL Se-Lkvc...k. 0Nrez3 e, (A7-0.4, 5 Arvuui Amc-uze-0-- -5-010_ Vs4P.--47 Applicant Certification cArelf , * _ _ 1, the applicandaudwrized agent, have been advised of the procedures Involved with dds request and have recleved a copy of the appropriate regulations. Authoiiz A nature / Date g' 7 's Signature Date STAFF USE ONLY Code Section(s) involved: i "7-,, i Os --c ( yeweis) 1M 3 C9 . 0 'to N tNr% Gm.(0/4,16 _4u -.re _ , ) 1-4- : q 0 _ 0 i 0 ( p_ieojtiAirin..5 "( K6 yci<Qds ) Conditional Use Permit Exception _X___ Variance Title 18 Review Other (e.g.rippearance re eits, etc.) non -fee Items Zoning ha ge from to Application accepted: A-7 ,/,--A..../ Staff signature CASH RECEIPT Kodiak Island Boroujh 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 4865736 Jo o6.) RECEIVED FROM -000- 101 - 10-00 CASH 15976 DATE!'( � 15198a - Lx1.14 1Ty.ai 010-000- 105-01 -00 PROPERTY TAX, REAL 1iT 010-000-105-06-00 010-000- 111 -61 -00 010-000- 107- -00 040-000-371 -11 -00 040 - 000 - 371 - 12 - 00 LAND SALE, INTEREST .4•��.,: 1 1 010 - 000 - 368 - 51 - 00 SALE OF COPIES .1 S 5.1-4 14 010 - 000 - 322 - 11 - 00 BUILDING PERMIT i .. 010 -000 - 319 - 10 - 00 PENALTIES, INTEREST !I ., ,hy 1 010 - 000 - 199 - 99 - 00 CLEARING r `t ''` crf PER ATTACHED ', s E,±Y�j Z If 1 1 c 0 CO 0 Pia t tock (rb, _. Ap-p � '' z ` -,. `) ►CSO CONDITIONS OF CHECK PAYMENTS TOTAL � !CO PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO 1 1 F.(.) THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING . ' PAYMENT MADE BY: CHECK NO. t�I . PROPERTY TAX, PERSONAL v ' tT l!T, Ntl ! 1 1 PROPERTY TAX, LIENS y.;, .'i�' 1 i 1 ,1.31..E•_ PERSONAL TAX, LIENS �,y'' 1 4. 1 1 1 ly.'yIT����,�' LAND SALE, PRINCIPAL 41, L 1 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. Q ^� ❑ CASH HIER IL-1 1 , 7�'�/ t� � ❑ OTHER PAYOR FM08.5I 1815