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KODIAK TWNST BK 19 LT 2C - VarianceADMINISTRATIVE OFFICES POST OFFICE DOA 1397. KODIAK. ALASKA 99615 TELEPHONE (907) 486-3224 FAA (907) 486-4009 November 24, 1989 Pat Jacobson P.O. Box 1313 Kodiak, Alaska 99615 rREt e ---Appeal of Case -89029' Dear Ms. Jacobson: While we understand your concerns, the rules under which the Board of Adjustment operate do not permit the granting of your November 13, 1989, request for reconsideration. The full Council did in fact hear your appeal. Mayor Brodie was not present; however, he is not a member of the Council. Any objection to the board's proceeding in Mayor Brodie's absence should have been made at the time of the hearing. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/ms cc: Gordon J. Gould, City Manager Linda Freed, Community Development Department-,, RECF!VED Nov 2 71989 COMMUNITY DEVELOPMENT DEPT Box 1313 Kodiak, Alaska 49615 November /3, 1989 Kodiak City Council Box 1397 Kodiak, Alaska 99615 Dear City Council Members: Ravine recently met with you as the Board of Adjustment to hear my appeal of Case 89-029, I still find myself in very much of a quandry. I am uncertain as to my status with regard to the property. I guess, to make it short, I would ask that the matter be brought up for reconsideration, since it was a tie, 3 to 3 vote and the full council was not present. I would have felt more certain as to the disposition of the case had it been a definite majority vote one way or the other. I realize this entire situation is unusual and the final outcome is in keeping with the uniqueness of the case. Since it is very complex and since there was no clear decision regarding it and the findings of fact did not lead to a unanimous decision, I would respectfully request you to bring it up one last time for a clear decision. I appreciate your time and inconvenience regarding this matter. Sincerely '1475 4 ¶'{1999- = RECEIVED \10 CITY CLERK'S OFFICE CITY OF KODIAK cg ADMINISTRATIVE OFFICES POST OFFICE BOA 1397, KODIAK, ALASKA 99615 October 13, 1989 Pat Jacobson P.O. Box 1313 Kodiak, Alaska 99615 TELEPHONE (907) 486-3224 FM (907) 486-4009 RE: Appeal of P&Z Commission's May 17, 1988, Decision Denying a Parking Variance for Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West Dear Ms. Jacobson: The Kodiak City Council sitting as the Board of Adjustment heard the above case on October 12, 1989, and denied your appeal. The Board of Adjustment made the following Findings of Fact and Con- clusions of Law supporting that decision. FINDINGS OF FACT 1. Ms. Jacobson's property, a portion of Lot 2, Block 19, Kodiak Townsite, otherwise known as 216 Rezanof Drive, lies within a Business Zoning District. There is a single-family residence on the property which Ms. Jacobson wishes to convert into a gift shop. While the record does not reflect the exact floor area of the proposed gift ship, it is clear that it is between 300 square feet and 600 square feet, thus requiring two parking spaces. (KIBC 17.57.020(A)(2)(m)). 2. There is presently only one off-street parking space on Ms. Jacobson's property. It is unclear whether a second space could be created by blocking an existing driveway which accesses other property behind Ms. Jacobson's. The record contains no information concerning whether or not previous use of that drive- way has given rise to prescriptive rights which would preclude Ms. Jacobson from blocking it off and creating a second parking space. No one appears to believe that such a solution is a practical one, however. 3. The Planning & Zoning Commission voted to deny Ms. Jacobson a variance from the off-street parking requirements of KIBC 17.57.020(A)(2)(m). It adopted findings of fact which appear to state that all six requirements of RISC 17.66.050(A) have been met, however, its finding to the effect that "the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare" appears in- advertently to have included the word "not." The Commission explained that finding as follows: Ms. Pat Jacobson October 13, 1989 Page 2 of 2 Granting of the variance will block the use of the existing drive for use of the single-family residence located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety. CONCLUSIONS OF LAW 1. The record fails to contain substantial evidence sup- porting a finding that all six requirements of KIBC 17.66.050A have been met. Therefore, the variance should have been denied. The appeal is therefore denied. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk cc: KIB Community Development Department II. MINUTES OF THE REGULAR COUNCIL MEETING OF THE CITY OF KODIAK HELD OCTOBER 12, 1989 MEETING CALLED TO ORDER Deputy Mayor Thompson called the meeting to order at 7:32 p.m. a. Oath_of Office RE: Bernie V. Dallao Because he had been unable to attend the special canvaao of election meeting the Clerk administered the oath of office to Bernie V. Ballao. b. Roll Call Councilmembers Bailee, Blackburn, Crowe, Gilbert, Iona, and Thompson were present and constituted a quorum. Mayor Brodie was absent. PREVIOUS MINUTES Councilmember Blackburn MOVED, seconded by Councilmember Tani, to approve the minutes of the September 28, 1909, regular meeting. The roll call vote was Councilmombors Dallao, Dlackburn, Crowe, Gilbert, Iani, and Thompson in favor. The motion carried. PERSONS TO BE HEARD Special Presentations RE: Outgoing Councilmembers Deputy Mayor Thompson gave plaques and framed presentation pictures of the City to outgoing Councilmembers Alfred B. Cratty, Sr., Joseph A. Perrozzi, and James H. Ramaglia. The plaques recognized their service to the community during their terms on the City Council. The pictures represented the Council and staff's appreciation for their dedication to the City. Speaking for all of them, Jim Ramaglia said they were leaving the City in good hands and wished the newly - elected Councilmembers luck during their terms. a. Planning and Zoning Commission Commissioner Hodgins was present and was able to answer Councilmember Iani's question about the location of a nine - City Council Meeting 1 October 12, 1989 meter satellite earth station proposed by General Communica- tions, Inc. (Case 89-038). b. Board of Adjustment Hearing RE: Appeal of May 17, 1989, Planning and Zoning Commission Decision on Case 89-029 City Manager Gould said the Council was_sitting as the Board of Adjustment to hear Patricia_ Jacobson!zmappeal of the Kodiak Island Borough Planning and Zoning Commission's deci- sion denying her request for a variance from Section 17.57 .020(m) (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which had only one off- street parking space to a business structure that had a requirement of two off-etroet parking spaces in a Business Zoning District. The property was a portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West. At the appellant's request, the hearing was rescheduled to this date. Deputy Mayor Thompson closed the regular meeting and opened the Board of Adjustment hearing. Duane Dvorak, representing the Kodiak Island Borough Com- munity Development Department opened the hearing by reading the Planning and Zoning Commission's findings of fact in nupport of its denial of the variance as follows: "I. The unique physical conditions applicable to this lot are its odd shape and small size This lot is part of a larger lot which was conveyed by metes and bounds into separate ownership. This structure is located in an older part of town which used to be primarily resi- dential. The lots in this area were traditionally much smaller than the current code requires." "2. Strict application of the zoning ordinance would require the development of at least two off-street park- ing spaces which must egress the lot without backing over the sidewalk or into the arterial. This is a practical difficulty as there is not enough room for two parking spaces which could provide enough turning radius for vehicles to turn around before heading onto Rezanof Drive West given the placement of the existing structures on the lot." "3. Granting of the variance will block the use of the existing drive for use of the single-family residence located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's City Council Meeting 2 October 12, 1989 safety." "4. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Central Business District Development. "5. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to con- version of the existing residential structure to a business structure." Business structures and associated parking are per- mitted uses in the B --Business Zoning District. These findings tracked the six conditions necessary for granting a variance. If any condition was not met, the variance had to be denied. Boardmember Blackburn verified that conditions two and three were not met. Patricia Jacobson said it was a small business lot with a small structure. Many businesses in town had parking problems, in fact she thought there were not many without parking problems of some kind. She said two vehicles could park side by side on her lot, but it was questionable whether the one closest to the building could back around and make a frontal approach to Rezanof Drive West. She said it was a small structure and would be usable only for a small business and therefore not likely to generate much traffic or require much parking. She intended to operate a gift shop catering to foot traffic, especially from the Westmark Kodiak Hotel. She suggested the occasional need for parking could be handled by customer use of the City lot in front of Kraft's. This would be in keeping with many other businesses which did not have off-street parking and which utilized public parking lots. She spoke to the Commis- sion's concern over maintaining vehicular access to the lot behind her property, saying there was a side road running parallel to Rezanof which terminated at that lot. She said restriction of her use of the driveway she owns to provide access to a lot that had other access was unfair. She sum- marized by saying the property was nonconforming residential use in a business zone, located in the downtown business district, and which she desired to change to a conforming business use. She felt objections to her doing this based on the parking limitations were not fair when so many exceptions all over town could be cited. She did not want to bear the burden of a long -existing parking dilemma in Kodiak. Boardmember lani MOVED, seconded by Boardmember Blackburn, to grant the relief requested by the appellant and reverse the Planning and Zoning Commission's May 17, 1989 decision on Case 89-029 denying Patricia Jacobson's request for a variance from Kodiak Island Borough Code Section 17.57.020 (m) (Off -Street Parking --Number of Spaces Required) on a portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West. City Council Meeting 3 October 12 1989 Boardmember Blackburn objected to the position taken by Commissioner Bendel who stated "... the other way we are going to encourage any proper development of that area is to hold the line an the parking and see if some of these lots cannot consolidate in the future..." Boardmember Blackburn felt that was, in effect, holding this lot hostage. She said nonconforming uses should be encouraged to conform. Boardmember Gilbert suggested the parking requiremen' should be stringently enforced for new construction not $ old nonconforming lots and structures. Doardmember Thomps said it was unfair to hold one citizen responsible for the parking problem. If the existing nonconforming residential with only one parking space (when it should have two under the zoning regulations) was allowable then changing to a permitted use was an improvement. Boardmember Crowe said a firm stand on requiring strict application of the parking requirements would have to be taken at some point. The decision was whether it be now or later. He noted that nothing would prevent the applicant or some other party from operating another type of business in the structure that would require more vehicular traffic than a gift shop. The lot had been residential long before the zoning regulations had been written which "grandfathered" what became a nonconforming use. Boardmember Gilbert said one option before the appellant was to reduce the size of the structure to less than 300 square feet which would reduce the number of required parking spaces to one. RECESS There was a five minute recess to allow the Board to review the record on appeal. The proposed use of the property, the amount of traffic 4E - would generate, and the lack of control over future us were discussed after the hearing reconvened. Boardmemb Thompson pointed out the parking requirements for the existing nonconforming use and for the proposed use were identical (two). She objected to putting the entire brunt of the parking problem on one individual and thought steps should be taken to solve the downtown parking problem. Boardmember Crowe agreed to a point but said it had been the appellant's responsibility to investigate the zoning restric- tions at the time of purchase. There had been no changes in the regulations since she bought the property. Boardmember Balla° was concerned about the safety aspect. He did not want to create a situation where vehicles would be backing onto Rezanof Drive West. Boardmember Thompson said granting the variance would eliminate that problem since there was room for one vehicle to turn around on the lot. The roll call vote was Doardmembers Ballao, Blackburn, and Thompson in favor and Boardmember Crowe, Gilbert, and Iani opposed. The motion failed. City Council Meeting 4 October 12, 1989 Boardmember Crowe MOVED, seconded by Boardmember Iani, to adopt the following Findings of Fact: 1. Ms. Jacobson's property, a portion of Lot 2, Block 19, Kodiak Townsite, otherwise known as 216 Rezanof Drive, lies within a Business, Zoning District. There is a single-family residence on the property which Ms. Jacobson wishes to convert into a gift shop. While the record does not reflect the exact floor area of the proposed gift ship, it is clear that it is between 300 square feet and 600 square feet, thus requiring two parking spaces. (KIBC 17.57.020(A)(2)(m)). 2. There is presently only one off-street parking space on Ms. Jacobson's property. It is unclear whether a second space could be created by blocking an existing driveway which accesses other property behind Ms. Jacobson's. The record contains no information concern- ing whether or not previous use of that driveway has given rise to prescriptive rights which would preclude Ms. Jacobson from blocking it off and creating a second parking space. No one appears to believe that such a solution is a practical one, however. 3. The Planning S Zoning Commission voted to deny Ms. Jacobson a variance from the off-street parking require- ments of KIDC 17.57.020(A)(2)(m). It adopted findings of fact which appear to state that all six requirements of KIBC 17.66.050(A) have been met, however, its find- ing to the effect that "the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare" appears inadvertently to have included the word "not." The Commission explained that finding as follows: "Granting of the variance will block the use of the existing drive for use of the single-family rouldanco located behind the subject tot. From the on-site visit, it appears that the use of the existing driveway for the residence behind tho subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof• Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety." CONCLUSIONS OF LAW The record fails to contain substantial evidence supporting a finding that all six requirements of KIBC 17.66.050A have been met. Therefore, the variance should have been denied. The appeal is therefore denied. Boardmembers Blackburn and Thompson indicated they would vote against the motion adopting the findings because they disagreed with denial of the appeal. Their position was City Council Meeting 5 October 12, 1989 1V. granting of the variance would have removed the safety questions and therefore all six conditions necessary for a variance would have been fulfilled. The roll call vote was Boardmembers Ballao, Crowe, Gilbert, and Iani in favor. Boardmember Blackburn and Thompson were opposed. The motion passed. The hearing was adjourned and Deputy Mayor Thompson reopened the regular meeting. o. Proclamation RE: United Nations Day Councilmember Blackburn read the proclamation requested by the Alaska Chapter of the United Nations Association of the United States of America proclaiming October 24 United Nations Day in Kodiak. The proclamation encouraged all Americans to reflect upon and participate in programs and activities celebrating the forty-fourth anniversary of the United Nations with particular attention focused on the rights of children. d. Public Comments . None OLD BUSINESS Addition to Agenda RE: Consideration of State Jail Con- tract Councilmember Crowe MOVED, seconded by Councilmember Blackburn, to amend the agenda by the addition of a new item e under Old Business to consider the renewal of the State Jail Contract. Tho roll call vote was Councilmembers Ballao, Blackburn, Crowe, Iani, and Thompson in favor and the motion passed. a. Second Readin• and Public Hearin Ordinance Number 873 RE: Repealing Kodiak City Code Chapter 5.20 Requiring Liquor Handlers Permits Deputy Mayor Thompson read Ordinance Number 873 by title. City Manager Gould said this item was presented in response to requests from Hotel Employees, Restaurant Employees Union - Local 878; Bill Bishop representing The Mecca, Inc., and The Ships, Inc.; and the American Legion to consider elimi- nating liquor handlers permits. It was discussed at the September 12 worksession. The City was one of the last municipalities in the State with this requirement. Ordi- nance Number 873 was approved in the first reading September 28. City Council Meeting 6 October 12, 1989 Councilmember Iani MOVED, seconded by Councilmember Bailee, to approve Ordinance Number 873 in the second reading. Deputy Mayor Thompson closed the regular meeting, opened and closed the public hearing when no one came forward to testify, and reopened the regular meeting. The roll call vote was Councilmembers Ballao, Blackburn, Crown, Iani, and Thompson in favor and the motion passed. b. Consideration of Change Order RE: Kodiak Municipal Airport Paving Mr. Gould said this item was presented to authorize Change Order No. 1 to the Kodiak Municipal Airport paving project. The increase in price reflected additional paving and leveling required to complete the project. Councilmember Iani declared a conflict of interest at the September 15 regular meeting and this matter was postponed to the next meeting with a quorum eligible to vote on the matter. The motion on the floor was "Move to authorize Change Order No. 1 to Brechan Enterprises, Inc., for Municipal Airport Paving Project No. 89-04 in the amount of $4,150.50; funds to be expended from Building Improvement Fund - Airport Improvements account 32.92.65 CONSTRUCTION." The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, and Thompson in favor, and Councilmember Iani abstaining. The motion passed. c. Consideration of Change Order Number 1 RE: Near Island Water and Sewer, Phase I The final payment request for the Near Island Water and Sewer, Phase I, Project exceeded the original contract price because quantities exceeded the original engineer's esti- mates on nine items. Change Order Number 1 would increase the contract amount by $11,058.99. At the September 28 meeting Councilmember Iani declared a conflict of interest and this item was postponed to the first meeting with a quorum eligible to vote on the issue. The motion on the floor was "Move to authorize Change Order Number 1 on Near Island Water and Sewer, Phase I, Project Number 88-09, to Brechan Enterprises Inc., in the amount of $11,058.99; funds to be expended from Water/Sewer Fund - Near Island Water/Sewer account 34.69.65 CONSTRUCTION." The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, and Thompson in favor, Councilmember Iani abstaining, and the motion passed. d. Consideration of Change Order Number 2 RE: Pier II City Council Meeting 7 October 12, 1989 Fender System Mr. Gould said this change order was requested to adjust the final contract quantities for the Pier II Fender System. At the September 28 meeting, Councilmember Iani declared a conflict of interest and the item was postponed to the next meeting with a quorum eligible to vote on this matter. The motion on the floor was "Move to authorize Change Ord: Number 2 on Pier II Fender System, Project Number 88-05, 1 LASH Corporation, in the amount of $9,600; funds to Le expended from Harbor and Port Development Fund - Pier II Fendering System and Cathodic Protection account 38.73.65 CONSTRUCTION." The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, and Thompson in favor, Councilmember Iani abstaining, and the motion passed. Consideration of Agreement RE: State Jail Contract The Contract for Services had received approval by the Alaska Department of Public Safety following extensive negotiations. However, earlier in the day, the City Manager had been contacted by the State with a request for a last minute change to subsection 5(i) so it would read, "Medical attention costs of injuries to a prisoner that occurred during an arrest are the responsibility of the [State) arresting agency." The City Attorney considered this a substantive change and City Manager Gould recommended against it. The contract would cover the period from November 1, 1989, through June 30, 1990. The State would assume liability in excess of the City's $1 million policy to a total of 810 million per occurrence. At the Septembe 28 meeting a motion to approve the contract was tabled t, this meeting to allow the full Council to act on it. interim 30 -day extension of the existing agreement was negotiated with the State to .cover the month of October. Councilmember Crowe MOVED, to remove consideration of table. The roll call vote was Crowe, Gilbert, Iani, and carried. seconded by Councilmember Iani, the state jail contract from the Councilmembers Ballao, Blackburn, Thompson in favor and the motion The motion before the Council was "Move to approve the Contract for Jail Services with the Department of Public Safety for the period of October 1, 1989, through June 30, 1990." Councilmember Iani MOVED, seconded by Councilmember Gilbert, to amend the contract period to November 1, 1989, through City Council Meeting 8 October 12, 1989 V. June 30, 1990, contract. The roll call Crowe, Gilbert, passed. and no other changes are to be made to the vote was Councilmembers Ballad, Blackburn, Iani, and Thompson in favor. The motion Councilmember Crowe requested the Department of Public Safety be notified the City was unlikely to consider any renewal or extension past June 30, 1990. Councilmember Iani clarified that if the State would not sign the agreement in its present form and insisted on the change to subsection 5(i), the City Manager was not to sign it and the City would be "out of the jail business" as of November 1, 1989. In any case, the City would not operate the jail past June 30, 1990. Councilmember Thompson agreed June 30, 1990, was the latest date the City intended to run a jail for the State. She also stated the Council would be meeting.. with Senator Zharoff and Representative Davidson on the status of the new jail facility construction funding as soon as possible. The roll call vote on the main motion as amended was Council - members Ballao, Blackburn, Crowe, Gilbert, Iani, and•Thomp- son in favor. The motion carried. NEW BUSINESS a. Expenditure Authorization RE: Personal Property Tax Manager Gould said this item would authorize the City's payment of $195,222.73 to the Kodiak Island Borough for its personal property tax, including that on boats, on behalf of City residents. The Borough would be remitting $478,199.35 to the City for real property taxes collected inside the City. Councilmember Gilbert MOVED, seconded by Councilmember Iani, to authorize the expenditure of $195,222.73 to the Kodiak Island Borough in lieu of personal property tax; said funds to be expended from General Fund - Non -Departmental account 20.51.50 PILOT BOROUGH PERSONAL PROPERTY. The roll call vote was Councilmembers Halloo, Blackburn, Crowe, Gilbert, Iani, and Thompson in favor and the motion carried. b. Consideration of Appointment RE: Various Advisory Boards This item was presented to appoint student volunteers to terms on various City advisory boards. The nominations were submitted by Aaron Mahoney, Student Body President. The Council and the students agreed that student representation on the City advisory boards benefitted both the City of City Council Meeting 9 October 12, 1989 Kodiak and the community. Councilmember Tani MOPED, seconded by Councilmember Black- burn, to make the following appointments on the named City advisory boards to terms ending May 31, 1990: ARCHITECTURAL REVIEW BOARD - Leilani Rambac PARKS 8 RECREATION ADVISORY BOARD - Carrie Johnson POLICE ADVISORY BOARD - Sabrina Brown PORT a HARBORS ADVISORY BOARD - Marisol Andrews The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, Iani, and Thompson in favor. The motion passed. c. Request for Approval of Sale RE: Taxicab Permit #26 City Manager Gould told the Council the Police Department had forwarded a request from David Madrano to approve the sale of Taxicab Permit #26 to Jane LaPorte. The Police Chief recommended approval of the request and per the Finance Department, City sales taxes were current through the second quarter filing. Councilmember Gilbert MOVED, seconded by Councilmember Blackburn, to approve David Madrano's request for the sale of Taxicab Permit #26 to Jane LaPorte, subject to the prompt filing and payment of all sales taxes owed by the seller, David Madrano and the buyer, Jane LaPorte. The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, Iani, and Thompson in favor. The motion passed. d. Request for Voluntary Suspension RE: Taxicab Permit #1 The Police Department had forwarded a request from Leonard Flahaut to place Taxicab Permit #1 in voluntary suspension for one month. The Police Chief recommended approval of the request and per the Finance Department, City sales taxes were current through the third quarter. Councilmember Blackburn MOVED, seconded by Councilmember Iani, to approve Leonard Flahaut's request to place Taxicab Permit #1 in voluntary suspension through November 1, 1989, subject to the prompt filing and payment of all sales taxes owed. The roil call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, Iani, and Thompson in favor. The motion passed. e. Request for Approval of Sale RE: Taxicab Permit #1 Mr. Gould said the Police Department had forwarded a request City Council Meeting 10 October 12, 1989 VI. from Leonard Flahaut to approve the sale of Taxicab Permit #1 to Ribomafil or Nedelita Canete. The Police Chief recom- mended approval of the request and per the Finance Depart- ment, City sales taxes were current through the third quarter filing. The new owners were requesting the permit remain in voluntary suspension for the one month period requested by Mr. Flahaut. Councilmember Ballao MOVED, seconded by Councilmember Crowe, to approve Leonard Flahaut's request for the sale of Taxicab Permit #1 to Ribomafil or Nedellta Canete, subject to the prompt filing and payment of all sales taxes owed by the seller, Leonard Flahaut and the buyers, Ribomafil or Nedelita Canete and to continue voluntary suspension through November 1, 1989. The roll call vote was Councilmembers Ballao, Blackburn, Crowe, Gilbert, Tani, and Thompson in favor and the motion carried. CITY MANAGER'S REPORT City Manager Gould reported all the emergency warning sirens were working, unfortunately some more than others and were going off at odd times. The reason was being investigated; the recent Northern Lights activity was suspected. Mr. Gould reminded everyone that a true warning was a tone for three minutes followed by 30 seconds of silence and at least two repeats of that sequence. If another pattern was heard, he suggested monitoring of the public radio station for information: No information would indicate a false alarm. The local media's cooperation in informing the residents of these rules was requested. The City Manager reported on activities at the Library, said the Police Department had responded to 300 requests for service since the beginning of the month, issued 40 traffic citations, and processed 27 animal complaints. The Harbor Department reported no vessels lost during the recent hali- but opening. The crab fleet was returning to the harbor and the recent heavy rains caused a flurry of boat pumpings. Public Works was preparing for winter and hauling the neces- sary supply of sand. The materials for the St. Herman Harbor access ramp were on site and actual construction was imminent. The Federal Aviation Administration had notified the City it was removing the restrictions from the Municipal Airport property. The City had been working on it for years. VII. MAYOR'S COtM7ENTS Deputy Mayor Thompson said the Parks & Recreation Conference held the weekend of October 7 went very well. She thanked City Council Meeting 11 October 12, 1989 all the people who came to the meeting and welcomed the new members of the Council. VIII. COUNCIL COMMENTS Councilmember Ballao said it was a pleasure to be on the Council. Councilmember Blackburn said Parks & Recreation Directc Fulp and his wife, Judy, had done an fantastic job on tt Recreation Conferepce. In response to her question, Public Works Director Sullivan said the Pier II extension was ready for limited use. Councilmember Tani asked about the status of the oil leak into St. Paul Harbor. The City Manager said it was not coming from City property. Testing completed indicated it was coming from private property across Marine Way and the property owner had not yet tested the fuel tank pressure lines. The City would continue to tend the booms at low tides but the problem was now with the Department of Environ- mental Conservation and the owner of the leaking fuel system. AUDIENCE COMMENTS None ADJOURNMENT The meeting adjourned at 9:41 p.m. ATTEST: \SNa CITY CLERK City Council Meeting MAYOR 12 October 12, 1989 Xodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615.6340 N� 81340170041 JOHNS70 �'AtTHOMAS P.O. BOX 2942' KODIAK AK 99615 II. 111. MINUTES OF THE REGULAR SEPTEMBER 14 COUNCIL MEETING OF THE CITY OF KODIAK RESCHEDULED AND HELD SEPTEMBER 15, 1989 MEETING CALLED TO ORDER Mayor Brodie called the meeting to order at 10:03 a.m. Coun- cilmembers Blackburn, lani, Perrozzi, and Ramaglia were present and constituted a quorum. Councilmembers Cratty and Thompson were absent. PREVIOUS MINUTES Councilmember Perrozzi MOVED, seconded by Councilmember Ramaglia to approve the minutes of the regular meeting of August 24, 1989. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor and Councilmembers Crotty and Thompson absent. The motion carried. Councilmember Perrozzi MOVED, seconded by'Councilmember Blackburn, to approve the minutes of the special meeting of September 5, 1989. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor, Councilmembers Cratty and Thompson absent, and the motion passed. PERSONS TO BE HEARD a. Planning and Zoning Commission No Commissioner was present. b. Board of Adjustment Hearin RE: Jacobson Appeal of May ' 17, 1989, Planning and Zoning Commission Decision on Case 89-029' City Clerk Dalke said Patricia Jacobson had been notified of the change in meeting date and would be contacting the City with a preferred postponement date. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to postpone the Board of Adjustment hearing on the Jacobson appeal to a subsequent regular Council meeting of the appellant's choice. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion carried. City Council Meeting 1 September 14, 1989 IV. V. c. Proclamation RE: Two Hundred Second Anniversary of the Signing of the United States Constitution City Manager Gould said this proclamation was presented to commemorate the 202nd anniversary of the signing of the United States Constitution. The proclamation urged Kodiak's citizens to pay special attention during the week of Septem- ber 17 through September 23 to the Federal Constitution and the advantages of American Citizenship. d. Public Comments None OLD BUSINESS None NEW BUSINESS a. First Reading, Ordinance Number 871 RE: Establishing Supplemental Appropriation 31 to the FY90 Budget Mayor Brodie read Ordinance Number 871 by title. City Manager Gould said this ordinance was presented at the Finance Director's request to establish FY90 Supplemental Appropriation 81. The majority of the changes reflected FY89 encumbrances. The estimated revenues and expenditures for this appropriation were detailed in the attachment to the Ordinance. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to approve Ordinance Number 871 in the first reading. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion passed. b. First Reading Ordinance Number 872 RE: Amending Kodiak City Code Chapter 2.32 by the Addition of the Borough Assembly Presiding Officer to tho Emergency Services Council Mayor Brodie read Ordinance Number 872 by title. This ordinance was presented following discussion at the August 15 joint City/Borough worksession and would add the Presid- ing Officer of the Borough Assembly to the Emergency Services Council making it a five -member board. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to approve Ordinance Number 872 in the first reading. The roll call vote was Councilmembers Blackburn, Iani, City Council Meeting 2 September 14, 1989 Perrozzi, and Ramaglia in favor, Councilmembers Cratty and Thompson absent, and the motion carried. c. Acceptance of Annual Report and Findings RB: Price, Waterhouse FY89 Audit Price, Waterhouse had presented the annual Report and Findings for the fiscal year beginning July 1, 1988 and ending June 30, 1989. The findings were reviewed at the September 12 worksession. The City remained in sound financial condition. Councilmember Perrozzi MOVED, seconded by Councilmember Ramaglia, to accept the Annual Report and Findings for the fiscal year beginning July 1, 1988 and ending June 30, 1989, as presented by Price, Waterhouse. Mayor Brodie noted this was the earliest the audit findings had ever been presented and that reflected well on the efforts of the Finance Director and his staff. He congratu- lated them on the fine report. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor. Councilmembers Cratty and Thompson were absent. The motion carried. d. Consideration of Lease Agreement RE: St. Paul Harbor Public Restroom Building Mr. Gould said this item was presented to accept Eric Tieger's proposal to lease the Harbor restroom building office space. The Council reviewed the lease at its August 22 and 31 worksessions. Councilmember Ramaglia MOVED, seconded by Councilmember Blackburn, to authorize the execution of the Harbor Restroom building office space lease to Eric M. Tieger for a term of one year. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion passed. e. Consideration of Proposals RE: Telephone System Proposals for the City telephone system were received from Telephone Utilities of the Northland (TUNI), Aksala Elec- tronics, and Matanuska Telephone Association. The City Manager and department heads recommended awarding the bid to TUNI in concurrence with the recommendation of John Cameron, Telecommunications Planner II of the State Division of Infor- mation Services. At the September 12 worksession, addi- tional information on TUNT's proposed system was requested. The Finance Director then contacted several communities and City Council Meeting 3 September 14, 1989 corporations using the S%2000 and other Mitel systems and verified customer satisfaction an a number of points. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to accept Configuration I of the Telephone Utilities of the Northland telephone system pr 1 in an amount not to exceed $65,000; funds to be expended from Building Improvement Fund - Telephone Project accour,- 32.69.64 MACHINERY/EQUIPMENT in the amount of $45,000 at the remainder included in the next supplements appropriation. Councilmember Blackburn thanked the City Manager for researching her concerns for a "user friendly" system and noted that a number of those polled recommended training on the system prior to installation. The City Manager said training for the staff was included in the package. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion passed. f. Consideration of Expenditure Authorization RE: Right -of -Way Acquisitions - Marine Way City Manager Gould said this item was presented to authorize the payment of $39,692.50 for Marine Way right-of-way. Negotiations had been concluded for 2,396 square feet from Queen Fisheries and 1,361 square feet from Kodiak Electric Association. The City had been working toward acquiring the necessary right-of-way for this project for several years. This was one of the final steps prior to the construction of street improvements. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to authorize the expenditure of $23,127.50 t_ Queen Fisheries for approximately 2,396 square feet of Marine Way right-of-way and $16,565 to Kodiak Electric Association for approximately 1,361 square feet of Marine Way right-of-way; funds to be expended from Street Improvement Fund - Marine Way account 31.83.65 CONSTRUCTION. The roll call vote was Councilmembers Blackburn, Iani, Perrozzi, and Ramaglia in favor, Councilmembers Cratty and Thompson absent, and the motion carried. q. Consideration of Expenditure Authorization RE: Near Island Tidelands Survey This item was presented to authorize payment of $18,679 to Ecklund Surveying for work done on Near Island Tidelands, Alaska Tideland Survey No. 1266. Phase Z of this project was authorized in 1981 and the City had been waiting until this point for directions from the State. Staff recommended City Council Meeting 4 September 14, 1989 VI. approval. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to authorize payment of $18,679 to Ecklund Surveying for work done on Alaska Tideland Survey No. 1266; funds to be expended from Non -Departmental account 20.51.31 PROFESSIONAL SERVICES. The roll call vote was Councilmembers Blackburn, Tani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion passed. h. Consideration of Change Order RE: Kodiak Municipal Airport Paving City Manager Gould said this item was presented to authorize Change Order No. 1 to the Kodiak Municipal Airport paving project. The increase in price reflected additional paving and leveling required to complete the project. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to authorize Change Order No. 1, in the amount of $4,150.50, to Brechan Enterprises, Inc., for Municipal Airport Paving Project No. 89-04; funds to be expended from Building Improvement Fund - Airport Improvements account 32.92.65 CONSTRUCTION. As a major stockholder in Brechan Enterprises, Councilmember Tani declared a conflict of interest which Mayor Brodie up- held. The item was held over to the next meeting at which a quorum of Councilmembers eligible to vote on the issue was present. i. Request for Approval of Lease RE: Taxicab Permit #19 The Police Department had forwarded a request from Ken and Beatrice Kimmel to approve the lease of Taxicab Permit #19 to Nancy Shrum. The Police Chief recommended approval of the request and per the Finance Department, City sales taxes were current through the second quarter filing. Councilmember Perrozzi MOVED, seconded by Councilmember Blackburn, to approve Ken and Beatrice Kimmel's request for the lease of Taxicab Permit #19 to Nancy Shrum, subject to the prompt filing and payment of all sales taxes owed by the lessor and the lessee. The roll call vote was Councilmembers Blackburn, Tani, Perrozzi, and Ramaglia in favor and Councilmembers Cratty and Thompson absent. The motion carried. CITY MANAGER'S REPORT City Manager Gould said all branches of the military were City Council Meeting 5 September 14, 1989 taking part in an exercise called PAC -X at the Coast Guard base. This would not impact citizens other than having a greater number of people in town and delays in gaining access to the base, The Pier II extension project was nearing completion with the installation of the fendering system. Construction on the Marine Way improvement would begin September 18, as would test drilling in the area of the St. Paul Harbor oil spill. The Library had a very busy month scheduled from the Library Association annual meeting through book exchanges and sales and National Banned Books Week, September 23-30. The Police Department cautioned motorists that school was in session and to watch the school zones and obey the crossing guards. The Harbor Department was busy with halibut and crab open- ings. Mr. Gould reported that 18 of the 21 emergency warning sirens were now operational. Be asked the community's assistance In reporting nonfunctional sirens following each Wednesday, 2:00 p.m., test. VII. MAYOR'S COMMENTS Mayor Brodie noted September birthdays for Deputy Clerk Nancy Jones, City Manager Gordon Gould, and Councilmember Jim Ramaglia. The City joined the Mayor in wishing all of them a Happy Birthday. Councilmember Ramaglia received a card signed by the Mayor and Council. The Mayor reminded the listening audience to stay tuned for an address by Governor Cowper on the oil spill. A special nationwide call in show on the oil spill would be broadcast September 16. VIII. COUNCIL COMMENTS Councilmember Tani explained the business items had been handled as expeditiously as possible because one of the Councilmembers had to leave at 10:30 and the meeting would lose the necessary quorum. Councilmember Blackburn took exception to the statement made by a high Exxon official who flew over Prince William Sound and said the beaches "looked clean" to him. Councilmember Ramaglia said the responsibility for assuring the operation of the emergency warning system should be shared by the Borough as well as the City and he objected to the tone of recent letter to the editor which claimed otherwise. City Manager Gould said it was his responsi- bility, whether in or outside the City and he pledged his efforts to see to corrections of the problem as quickly as possible. City Council Meeting 6 September 14, 1989 J IX. AUDIENCE COMMENTS None X. AD7OURNMENT The meeting adjourned at 10:34 a.m. MAYOR ATTEST: VN.4.wl-`l`.m CITY CLERK City Council Meeting 7 September 14, 1989 SUBJECT: JMMARY: AGENDA SUMMARY b. Hoard of Adjuntment: !roaring RE: Appeal of May 1'I, 19897LLPlanning and Zoning Commission Decision on Case 89-029 The Council is sitting as the Board of Adjustment to hoar Patricia Jacohaon'a appeal of the Kodiak Inland Borough Planning and Zoning Commission's decision denying her request for a variance from Section 17.5'/.02.0(m) (0l'1 -:i Ll MIL POI lug--NumWu al ::poUeu Required) of the Borough Code to permit the conversion of an existing nonconforming reuldential structure which has only one off-street parking space to a business structure that has a requirement of two off-street parking spaces in a B --Business zoning District. The property is a portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West. The hearing will begin with a presentation by the Com- munity Development Department. Next, the appellant's argument will be presented. According to KCC 17.10.060(c), only one argument can be presented by or on behalf of each party or interested person. The Board of Adjustment shall hear appeals solely on the basis of the record established before the lower administrative body, the notice of appeal, briefs submitted prior to the hearing, and arguments at the hearing. After hearing all parties, the Board of Adjustment may affirm or reverse the decision of the Planning 5 Zoning Commission, in whole or in part, and must give the reasons for its decision. The Board's decision must be based on a motion to grant the relief requested by the appealing party. At the appellant's request, the hearing was rescheduled to this date. SUGGESTED COUNCIL MOTION: Move to grant the relief requested by the appellant and reverse the Planning and Zoning Commission's May 17, 1989 decision on Case 89-029 denying Patricia Jacobson's request for a variance from Kodiak Island Borough Code Section 17.57.020(m) (Off -Street Parking --Number of Spaces Required) on a portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West. Move to adopt the following Findings of Fact ... JACOBSON APPEAL OF KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION'S MAY 17, 1989 DECISION DENYING CASE 89-029 REQUEST FOR VARIANCE FROM KIR 17.57.020(m) OFF-STREET PARKING --NUMBER OF SPACES REQUIRED POETICS 0Y LOT 2, ULOCK 19, KOUTAK T'OWNSX'£E 216 REZANOF DRIVE WEST KIB 17.66.090 (Appeals) October 12, 1989 TABLE OF CONTENTS KIB 17.57.020(m) (Off -Street Parking --Number of Spaces Required) Board of Adjustment Procedures KCC Title 17 Notice Of Appeal KCC 17.10,020(a) Record on Appeal KCC 17.10.030 Decision of 05-17-89 Verbatim Transcript - 05-17-89 Meeting Staff Report - 05-08-89 Public Hearing Notices S Responses Written Statement (Appellant) KCC 17.10.040 Notice of Hearing KCC 17.10.050 Reshceduled Hearing Notice Page 25 26 27 30 31 33 38 42 47 50 52 J 17.66.060--17.67.010 detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to insure that the conditions designated will be complied with. (Ord. 83-40-0 §3(patt). 1983). 17.66.070 Effective date. The decision of the planning commission to approve or deny a variance shall become final and effective ten days following such decision. (Ord. 83-40-0 43(part). 1983). 17.66.080 Cancellation. Failure to utilize an approved variance within twelve months after its effective date shall cause its cancellation. (Ord. 83-40-0 §3(part). 1903). 17.66.090 Appeals. An appeal of the planning commis- sion's decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within ten days of the date of the commission's decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. (Ord. 83-40-0 §3(part). 1983). 17.66.100 Stay pending appeal. An appeal from a deci- sion granting a variance stays the decision appealed from until there is a final decision on the appeal. (Ord. 83-40-0 §3(part). 1983). Chapter 17.67 CONDITIONAL USE PERMITS Sections: 17.67.010 Intent. 17.67.020 Applicaiton and fee. 17.67.030 Site plan. 17.67.040 Public hearing. 17.67.050 Standards. 17.67.060 Stipulations. 17.67.070 Action by planning and zoning commission. 17.67.080 Appeals. 17.67.010 Intent. It is recognized that there are Land uses which are generally considered appropriate in certain zoning districts: provided, that controls and safeguards are applied to insure their compatibility with permitted principal uses. The conditional use permit procedure is intended to allow consideration of the impact of the proposed conditional use on surrounding property, and the application of controls and safeguards to assure that the conditional use will be compatible with the surrounding area. (Ord. 81-31-0 §2(part), 1981). 17-70 (KIB 6/87) r2 S 17.57.010--17.57.020 Chapter 17.57 OFF-STREET PARKING AND LOADING Sections: 17.57.010 Off-street parking required --In general. 17.57.020 Off-street parking --Number of apiece required. 17.57.030 Off-street parking --Location. 17.57.040 Parking area development standards. 17.57.050 Parking plan review. 17.57.060 Off-street loading requirements, 17.57,010 Off-street parking required ---In general. In all use districts, trom the time a principal building is erected, constructed, established, altered or enlarged, there shall be off-street parking conforming to this chapter to serve that building. This parking shall be available free of charge for the use of the occupants of the building and their employees and patrons, The owners and occupants of a princi- pal building shall be jointly and severally responsible for providing and maintaining the off-street parking serving that building. The off-street parking required by this chapter for a principal building shall be maintained in accordance with this chapter continuously during the life of the building. (Ord. 84-60-0 §1(part), 1984: Ord. 80-18-0 §1(part), I980). 17.57.020 Off-street parking --Number of spaces required, A. For each principal building or use within a principal building, there shall be no less than the number of off-street parking spaces specified under this section. 1. Dwellings: a. Single-family dwellings, mobile homes, and multifamily dwellings up to and including six-plexes: Two parking spaces for each unit; b. Multifamily dwellings of seven units or more: i. One and one-quarter parking spaces for each efficiency dwelling in the complex, ii. One and one-half parking spaces for each one bedroom dwelling in the complex, iii. One and three-quarters parking spaces for each two bedroom dwelling in the complex, and iv. Two parking spaces for each dwelling greater than two bedrooms in the complex. 2. Buildings other than dwellings: a. Bank, office building, professional office, or clinic: one parking space for each three hundred square feet of gross floor area, but not less than three spaces; b. Bowling, alley: four parking spaces for each alley or lane; c. Churches. one parking space for each three seats, based on maximum seating capacity; 17-59 (KIB 6/87) 17.57.020--17.57.030 d. Dancehall, community building, assembly hall or fraternal organization hall: one parking space for each four occupants based on maximum occupant load as determined by Title 15 of this code in the principal place of assembly; e. Food mnrket, grocery store or shopping center: one parking space for each one hundred twenty-five square feet of retail floor area; f. Automobile repair garage, service station dealership: four parking spaces for each service stall or facility; provided, that no vehicle in the custody of the business for service, repair, storage, sale or other purposes may be stored in a required off-street parking space or in a public right-of-way; g. General auditorium, high school or college auditorium, theater, or eating and drinking establishment: one parking space for each three seats, based on maximum seating capacity; h. Hospital: one parking space for each bed based on maximum capacity; i. Hotel:""one parking space for each dwelling unit and one parking space for every three guest rooms; j. Industrial or manufacturing establishment: one parking space for each three employees during the maximum employee shift and one space for each company vehicle; k. Launderette: one parking space for each two washing machines; 1. Motel or boardinghouse: one parking space for each dwelling unit or guest room; m. Retail store or service shop: one parking space for each three hundred square feet of gross floor area; n. Warehouses and storage buildings: one parking space for each employee, but not less than seven spaces; o. Mini -warehouses: one parking space for earn storage unit. B. The off-street parking requirement for a use not specified in this section shall be the requirement for the use specified in this section whose parking demand characteristics the community development department finds to be most similar to those of the unspecified use. C. Where a principal building contains more than one use, the parking required for that building shall be the sum of the parking required for each such use. D. A parking space may meet the minimum parking require- ments for more than one use so long as it otherwise conforms to the requirements of this chapter for each such use and no hours of operation of any such use overlap the hours of operation of any other such use. (Ord. 84-60-0 §1(part), 1984: Ord. 80-18-0 §1(part), 1980). 17.57.030 Off-street parking --Location. All parking spaces required under Section 17.57.020 shall be on the same lot as, or a lot adjacent to, the principal building that they service; provided, that if the planning commission finds that 17-60 (KIB 6/87) 17,10.010--17.10.020 TITLE 17 ZONING Chapter 17.10 Board of adjustment procedures Section 17.10.010 17.10.020 17.10.030 17.10.040 17.10.050 17.10.060 17.10.070 17.10.080 17.10.090 17.10.100 17.10.110 CHAPTER 17.10 Appeals to the board of adjustment Notice of appeal Record on appeal Written statements Notice of hearing Hearing New evidence or changed circumstances Scope of review Decision Judicial review Definitions 17.10.010 Appeals to the board of adjustment. The city council, sitting as a board of adjustment, shall hear and decide the fol- lowing matters arising within the city: (a) Appeals regarding alleged errors in enforcement of zoning ordinances and building codes; (b) Appeals from decisions of the planning commission regard- ing concept or final approval of requests for special exceptions or conditional uses; or (c) Appeals from the decisions of the planning commission on requests for variances from the terms of the zoning ordinance which are not contrary to the public interest, when a literal enforcement would deprive a property owner of rights commonly enjoyed by owners of other properties in the same district. (Ord. 528 51 (part), 1978) 17.10.020 Notice of appeal. (a) An interested person may initi- ate an appeal to the board of adjustment by filing a notice of appeal with the city clerk within ten days after the action or decision appealed from and paying a filing fee of $50.00. (b) The city clerk shall transmit a copy of each notice of appeal received to the borough clerk and the planning department or other administrative officer of the borough involved in the action appealed within five working days of the receipt of the 17-01 (Kodiak 12/87) 17.10.030--17.10.040 appeal. At the time of transmitting such notice, the city clerk shall request the borough to prepare the record on appeal which shall be prepared within forty-five days of the date of the notice. (c) The notice of appeal shall identify the action appealed, shall contain a clear and concise statement of the grounds alleged for the appeal, and shall state appellant's name and address. (d) if a charge or bond is required by the borough of Kodiak Island for the preparation of the record, appellant shall be notified of that charge, fee, or bond, and appellant shall be responsible for satisfying any such borough requirements. (Ord. 720 S1, 1984: Ord. 528 51 (part), 1978) 17.10.030 Record on appeal. (a) The record on appeal shall con- sist of the following: (1) A verbatim transcript of the proceedings before the admin- istrative body from which an appeal has been taken, if those proceedings were taped or otherwise recorded in their entirety. If the proceedings were not recorded, copies of any approved minutes, summaries or other records of the proceedings; (2) Copies of all memoranda, exhibits, correspondence, recom- mendations, analyses, maps, drawings, and other documents submit- ted to the administrative body prior to the decision from which the appeal is taken; a (3) A copy of the written decision of the administrative body, including its findings and conclusions; and (4) A list of the names and addresses of all persons appear- ing as witnesses at the hearing. (b) When the record has been completed, it shall be transmit- ted from the borough to the city clerk. Upon receipt of the record, the city clerk shall, within five working days, send a copy of the notice of appeal, by regular mail, to all persons appearing as witnesses in the hearing of the administrative action being appealed, and advise them that the record has been prepared. The city clerk shall, within five working days, also notify appellant of receipt of the record and make the record available to the appellant and any other interested persons for review. A copy of the record shall be provided to any person on request upon payment of reproduction costs. (Ord. 720 52 & 53, 1984: Ord. 528 51 (part), 1978) 17.10.040 Written statement. The appellant may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the allegations contained in the notice of appeal not more than fifteen days after the clerk has given notice of completion of the record. The borough staff and any interested party wishing to file a written statement in opposition to the appeal may do so within fifteen days after 17-02 (Kodiak 12/87) a7 17.10.050--17.10.060 expiration of the time for the filing of appellant's statement. Statements filed by any person shall be available for inspection in the city clerk's office. (Ord. 720 54, 1984: Ord. 528 Si (part), 1978) 17.10.050 Notice of hearing_ The clerk shall set a date for the hearing of the appeal at a regular or special meeting of the coun- cil, or at a meeting of the council sitting as a board of adjust- ment, to be held not less than ten nor more than twenty-one days after expiration of the time for filing of briefs. Notice of the hearing shall be published in a newspaper of general circulation, and shalt be mailed by regular mail to the appellant and all other persons filing statements or appearing at the hearing of the administrative action being appealed, not less than five days before the hearing date. (Ord. 720 55, 1984: Ord. 528 51 (part), 1978) 17.10.060 Hearing. (a) The board of adjustment hearing may be conducted at any regular or special meeting of the council, by meeting as a board of adjustment or by recessing the council meeting and convening the council as a board of adjustment to hear the appeal. The meeting of the board of adjustment, in- cluding any deliberations, shall be open to the public and a A record shall be made of the meeting. (b) The hearing shall be commenced with a presentation by the staff of the borough planning department summarizing tho nature of the decision being appealed to the board of adjustment, the pertinent facts produced at the hearing from which the appeal is taken, and applicable legal principles. Arguments shall then be presented by the appellant, if the appellant is a party other than the borough, and any other person submitting a brief within the time limits prescribed by section 17.10.040 of this chapter. The arguments shall discuss the facts in the record and the application of those facts to applicable provisions of law, but shall not be in the form of testimony, and persons making such presentations shall not be under oath. (c) Only one argument shall be presented by or on behalf of each party or interested person, and the council may establish a time limit for each argument to be presented. (d) if a transcript of all substantial portions of tho record is not available and the council determines that the available summary of that testimony is not adequate, the council may elect to receive testimony relating to any issue specified on the appeal for which the record is deficient. Such testimony shall be received only from persons who presented similar testimony at the hearing from which the decision is being appealed. The testimony shall be limited to matters discussed at the previous hearing, and no new evidence will be received. (e) The hearing of the board of adjustment may be recessed 17-03 (Kodiak 12/87) 28 17.10.070--17.10.090 and reconvened from time to time as determined to be necessary by the board. (Ord. 528 S1 (part), 1978) 17.10.070 New evidence or changed circumstances. Appeals alleg- ing new evidence or changed circumstances shall not be heard r - the board of adjustment. A notice of appeal based upon ni evidence or changed circumstances shall be transmitted by t) clerk to the borough planning staff for possible rehearing. (Ord. 528 S1 (part), 1978) 17.10.080 Scope of review. (a) The board of adjustment shall hear appeals solely on the basis of the record established before the lower administrative body, the notice of appeal, briefs submitted prior to the hearing, and arguments at the hearing. (b) The board of adjustment may exercise its independent judg- ment on legal issues raised by the appeal. Legal issues are those matters that relate to the interpretation or construction of ordinances or other provisions of the law, or the application of case law to the facts as presented. (c) Action of the board of adjustment on the appeal shall be based upon facts which are supported in the record by substantial evidence. "Substantial evidence" means the record provides a sub- stantial basis from which the fact in issue might be reasonably inferred. (Ord. 528 S1 (part), 1978) 17.10.090 Decision. (a) The board of adjustment may affirm or reverse the decision of the lower administrative body in whole or in part. (b) Any variance granted by the board of adjustment shall t the minimum variance that will make possible the reasonable us of the land, building, or structure which is equivalent to, bu.. not exceeding, the use of similar lands, buildings, or structures permitted generally in the same use district. The board of adjustment may reduce the extent of a variance requested or previously granted. (c) The board of adjustment may not grant a variance because of special conditions caused by actions of the person seeking relief or for reasons of pecuniary hardship or inconvenience, nor may the board grant a variance which would permit a land use in a district in which that use is prohibited. (d)A decision of the board of adjustment to affirm or reverse action of a lower administrative body shall be based upon findings and conclusions adopted by the board. Such findings shall be reasonably specific so as to provide the community, and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the board's decision. The find- ings, conclusions, and decision shall be reduced to writing, either during or subsequent to the hearing, signed by the mayor, 17-04 (Kodiak 12/87) 17.10.100--17.10.110 and filed with the city clerk. (s) A decision shall be based on a motion to grant the relief requested by the appealing party, and the concurring vote of four members of the board shall be necessary to reverse any order, requirements, decision, or determination of the planning commission. (Ord. 528 51 (part), 1978) 17.10.100 Judicial review. A decision or order of the board of adjustment may be appealed to the superior court by a municipal officer, a taxpayer, or a person jointly or severally aggrieved, pursuant to the provisions of part 6, rule 95, of the Rules of Appellate Procedure of the state of Alaska. Notice of appeal shall be filed in the superior court within thirty days from the date that the order or decision appealed from is mailed or delivered to the appealing party. The order or decision of the board of adjustment shall not be reversed if the findings upon which that order or decision is made are supported by substantial evidence in the record. (Ord. 528 51 (part), 1976) 17.10.110 Definitions. As used in this chapter: (a) "Interested person" means a municipal officer or other person directly or indirectly affected by the decision being appealed. (b) "Party" means a person who has filed notice of appeal or a brief in the appeal under consideration by the board of adjustment. (Ord. 528 51 (part), 1978) 17-05 (Kodiak 12/87) Bos 1313 Kodiak, Alaska 99615 May 2251 1989 City Clerk 710 Mill Day Rd. Kodiak, Alaska 99615 Dear City Clerk: I wish to file a notice of appeal of the decision of the Planning S Zoning Commission's Case 89-029.: That decision was to deny my request for variance from Section 17.57.020M (Off -Street Parking --Number of Spaces Required/. I feel my request is not contrary to the public interest and that denial of my request would deprive me, as property owner, of rights commonly enjoyed by owners of other properties in the same district. It is my understanding that I may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the allegations contained in the notice of appeal after the clerk has given notice of completion of the record. Sincerely, Pat Jacobson 30 1.2,6282)28 NAY 1999 Q.do''� RECEIVED ro Cn CLERKS OFFICE COO/ teDI1K tiU%` Patricia Jacobson Box 1313 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 406.5776 May 18, 1989 Re: Case 89-029. Request for a variance from Section 17.57.020M (Off - Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) oil -street parking space to a business structure that has a requirement of two (2) oil -street parking spaces In a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) Dear Ms. Jacobson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 17, 1989, dented the request for the variance cited above. An appeal of this decision may be initialed by any person or party aggrieved by filing a written notice of appeal with the City Clerk within ten days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision Will not be final and effective until ten days following the decision. The Commission also adopted the following findings of fact in support of their decision: 1. gxceptional physical circumstances or conditions applicable to the property or intended use of development. which menorah, do not aooly to other properties in the same land use district The unique physical conditions applicable to this lot are its odd shape and small size. This lot is part of a tamer lot which was conveyed by metes and bounds into separate ownership. This structure is located in an older part of Kodiak Island Borough Patricia Jacobson May 18, 1989 Page Two town which used to be primarily residential. The lots in this area were traditionally much smaller than the current code requires. 2. Strict application of the zoning ordinances would result in oractica) d' ie or unnecessary hardships. Strict application of the zoning ordinance would require the development of at least two (2) off-street parking spaces which must egress the lot without backing over the sidewalk or into the arterial. This is a practical difficulty as there is not enough room for two (2) parking spaces which could provide enough turning radius for vehicles to turn around before heading onto Rezanof Drive West given the placement of the existing structures on the lot. 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. Granting of the variance will block the use of the existing drive for use of the single-family residence Located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. in addition, even it only one space is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can ba compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety. 31 Kodiak Island Borough Patricia Jacobson May 18, 1989 Page Three 4. The granting of the.sadanQLwll nOLt contrary to the ebjeotlVes of the Comorehenslve Play_ Granting of the variance will not be contrary to the objectives of the comprehensive plan which Identifies thii area for Central Business District Development. :r .ei+n •f h: a!!!i zn d. n. au.: rdshio }tom which ralief is being sauohl by the vanancQ In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to conversion of the existing residential structure to a business structure. That the Granting of the variance will not permit a DLohibited land use in the district Involved. Business structures and associated parking are permitted uses in the 8 -- Business Zoning District. If you have any questions about the action of the Commission, please contact the Community Development Department, Sincerely, Patricia Miley, Secretary Community Development Department Kodiak Island Borough THIS IS TO CERTIFY THAT: CERTIFICATE The Public Hearing in (he matter of: Case 89-029. The denial of a request for a variance from Section 17.57.020M (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive West. (Patricia Jacobson) was held as herein appears and this is the original verbatim transcript thereof. KODIAK ISLAND BOROUGH Patricia Miley, Community Development Department Kodiak Island Borough PLANNING AND ZONING COMMISSION PUBLIC HEARING ITEM D Dase 89-029. The denial of a request for a variance from Section 17.57.020M (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement at two (2) off-street parking spaces In a B --Business Zoning District. A Portion of Lot 2, Black 19, Kodiak Townsite; 216 Rezanof Drive West. (Patricia Jacobson) The above-cited Public Hearing was heard on May 17, 1989, in the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The meeting was conducted by the Kodiak Island Borough Planning and Zoning Commission Chairperson, Tom Hendel. 33 TOM HENDEL: DUANE DVORAK: TOM HENDEL: PATRICIA JACOBSON: 171 Vorbaam Tramaipl Pudic Homing Rom D Okay, we'll now go on to Case D. This is Case 89- 029. Request for a variance from Section 17,57,020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one off-street parking space to a business structure that has a requirement of two ori-streot parking spaces in a Business Zoning District. This is a Portion of Lot 2, Block 19, Kodiak Townsite; located at 216 Rezanof Drive. Duane, do you have anything on this? There were 35 public hearing notices sent out, 3 were returned with no objection or in support of the request, 6 were returned with objections to the request, however, I would note that 2 were from the same person related to different properties in the area. Staff has recommended denial of this request. Okay, thank you Duane. At this time I would diose the regular meeting and open the public hearing. Anyone wishing to comment on this case, please come forward at this time, state your name, and sign in tor the record. My name is Pat Jacobson. I'd just like to reiterate for a few seconds, if I could, the property is zoned Business, it has been used as a little rental for a number of years, my intended purpose would be to have it become a small gift shop that would cater to the loot traffic especially since it is located quite close to the hotel there. It might also have magazines and things like that to try to appeal to the public. In that purpose 1 would find that it would not necessitate extra parking other than for the person managing the residence since it would be catering to the foot traffic. I think that it would, Kodiak is Interested in trying to improve tourism all the time, and I think that that would be ane more effort that could be made and that it would also be an asset to the neighborhood. Page I of PBZ: May 17, 1989 TOM HENDEL: PATRICIA JACOBSON: TOM HENDEL: PATRICIA JACOBSON: TOM HENDEL: PATRICIA JACOBSON: I worked for a number of years in the summer time at my sister-in-law's gift shop In Kotzebue, and it has always kind of been a thought in the back of my mind that eventually when 1 do retire from teaching that is what 1 would do to supplement my retirement income. So, I guess that is about all, I sort of feel that I am between a rock and a hard place, it's as I mentioned a low rental income and yet it is zoned Business and so I don't really see much of a way to try to develop it further unless I'm allowed this variance. I guess that's It. Thank you very much for your time. We did have some questions at the worksession on who the parking, who it belonged to and who the driveway was there to serve, and could you clear that up for us a little bit at this time? Welt, I tried but 1 don't have much to add. The driveway does belong to me. I tried both to contact the fellow living right behind to find out more about the frequency of their parking there, and also I think you had asked about talking to the people at the hotel. I tried to contact both several times, but this fast week has been crazy for me, too, as we are trying to close up school, so rather than ask them to return a call to me at school I said I would keep trying back, and so I didn't have any luck with either party and I am sorry about that. Okay, what about the lot next door? Wasn't that where the house burned down or Yeah Was there any possibility of using that for additional parking, did you inquire into that? Well, that is listed by the Borough as belonging to Mr. Slratman, but he says that it was sold to Mr. Waddell. And so I don't know where we are on that, I did talk to Mr. Waddell as far as what my interests In thls were Vorba?m Transaipl Public. Hearing 11om D Pogo 2 al 0 PBZ: May 17, 1989 TOM HENDEL: PATRICIA JACOBSON: TOM HENDEL: PATRICIA JACOBSON: TOM HENDEL: MARY LOU KNUDSEN: Yotatim Transcript Public Hosting from 0 and he supported what I was trying to do, but beyond that he didn't commit one way or another. Okay, what are your intentions if this does pass and you do open a shop as far os parking in the driveway, are you going to block it oil so that the people behind cannot use it or No, no. I'm glad you brought that up. What my Intent would be is again initially even If they are parked back there there is enough room to pull up right by my door and it would be my intent again abiding by the Borough's request too to pull in there and to back around so that one would have a frontal approach back -on to Rezanol and if that were done and you pulled right around to the front of my dwelling you would be ready to make the approach on to Rezanol but also you would be clearing the driveway for the party behind. Does any one else have any questions? Okay, thanks. Thank you very much. Anyone else wishing to comment, please come toward at this time. Seeing and hearing none, close the public hearing and reopen the regular meeting. Mary Lou. I've got some comments. I, it really bothers me that we are trying to make as much leeway or whatever for the people behind. That isn't their property so why should we be worrying about where they are parking when legally they aren't parking where they are supposed to be. She could block the driveway off and they wouldn't be legally, they wouldn't be able to say anything, thoy aren't supposed to be on her property Pogo 3 of PSl: May 17,1888 TOM HENDEL: JODY HODGINS: to begin with. And if, I can't see why somebody couldn't park, when I drove by somebody was parked in the front yard. It must have been her renters or somebody, And why somebody couldn't park there and back up Into the driveway and 11 a car was pulled way up into the driveway that would be two parking places. They would have to back up into the driveway, I think that would be kind of funny but some of the other things that we approve are kind of weird loo. And then the person that was in the driveway could back along the front of the house and come out that way so they would both be coming onto Rezanol straight. Just the idea that we are making all these concessions because the people behind are using that driveway for their parking instead of going up the other street. Welt, I don't really feel that we are making any concessions other than the fact that to consider who it belongs to and to clarify the issue there. Anyone else have any comments? Jody. I, well when I went out to see the property I looked at it and I looked at the driveway and I thought how on earth are you going to be able to control how people pull in and back out and you know, personally I have Interest in a building that you have to back out of the parking lot sometimes because I can't tell them well if you pull up here and if you do this and you do that you can get out. I know it's difficult and I just don't see anyway you are going to be able to, even with the driveway blocked or the driveway you know, I don't see any way you are going to be able to control how they get back out onto Rezanol. You are going to have the same problem that faces the Daily Mirror. When people pull in there they end up back out onto Rezanof and it is real dangerous especially at peak traffic hours. I understand Pat's situation, you know 1 mean its a Business piece of property, and a gift shop is a wonderful idea and I'm sure she would be successful at 0, but without having any parking space Votbaam Trnnsaipt Public Homing Rom 0 Pogo 4 of a PaZ: May 17, 1989 TOM HENDEL: WAYNE COLEMAN: TOM HENDEL: Verbatim Transaip Public Hoalin9 Ito m D at all, I don't see how she can do it I mean even one is just going to be difficult to control. Thank you, Jody. I have kind of conflicting feelings on this also. On one hand 1 would like to see additional business especially a gift shop and I think that foot traffic would be the greater percentage of the business for that, however, there are several other considerations and one is employees, the neighbors, deliveries, people that perhaps are the small percentage that aren't walk-in, that is a bad area I'd like to see it go but my feeling Is that the only way we are going to encourage any proper development of that area is to hold the line on the parking and see if some of these tots cannot consolidate in the future and that's the only reason I am going to vote no is because it is'a major thoroughfare and it could cause some serious problems and right now as a rental its minimized, any kind of business I can see it creating some problems. Anyone else have comments? Well, that's visually an island unto itself there now it's business almost all the way up and down that street, used business as business all the way up and down that street except for I believe ono other residence in there and it doesn't sound like this little bit of extra business that perhaps be mostly foot traffic generated I don't believe would be the straw that breaks the camel's back in that particular case because It Is an area used pretty much for business I would like to see it go I would like to see it approved on that basis. There's been variances for parking in that area granted in not too distant past, non-contiguous and things like that, I know it's tough getting in and out of those places, but that's just one of many, many In town like it and I would like to see It approved. Okay, thank you Wayne. Bruce, do you have a comment? Page 5 of PSZ: May 17, 1989 BRUCE BARRETT: TOM HENDEL: MARY LOU KNUDSEN: TOM HENDEL: JON HARTT: TOM HENDEL: JODY HODGINS: 1 have taken a look at the site and I am sympathetic to development, more businesses are needed particularly associated with tourists, but I also recognize the parking and the driving hazard on Rezanof on that location and I have had some problems there. I am going to vote against this and it's not from the concept, I am not opposing the business there Is just not adequate parking and it is a hazard along that stretch already and this would be adding to it. Thank you Bruce. Any further comments? Mary Lou. f can't. For this size business required spaces are two. And the requirement for a single-family residence are two. And when I drove by there there were two cars there so I can't see where having this as a business is going to increase the traffic problems. If she keeps it as a residence there is stilt going to be a traffic problem. Jon. The only thing that I could see Is it could be a problem like some of the neighbors. She said pedestrian traffic mainly was what she was going to deal with, but if there were two or three cars In there and they wanted to park they'd go in the motel and it would probably tick those people off, or park across the street at Sutliff's or whatever. Okay. Yes, Jody. I would tike to move to grant a request for a variance from Section 17.57.020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one off-street parking space to a business structure that has a requirement of two off-street parking spaces in a Business Zoning District on a Porton of Lot 2, Block 19, Kodiak Townsite. Verbatim Transcript Public Hearing Item D Page 6 al 6 Pa: May 17, 1989 MARY LOU KNUDSEN: Second. COMMISSIONERS: Aye. TOM HENDEL: Any further discussion an the motion? Can we have a TOM HENDEL: All those opposed same sign. roll call vote, please. (no response) PATRICIA MILEY: Mr. Mendel TOM HENDEL: Pat, you have ten days to appeal so you can just take TOM HENDEL: No. care of that, if you wish to, up at the office. Thanks. Well now go on to Case E. PATRICIA MILEY: Ms, Knudsen MARY LOU KNUDSEN: Yes. PATRICIA MILEY: Mr. Coleman WAYNE COLEMAN: Yes. PATRICIA MILEY: Mr. Barrett BRUCE BARRETT: No. PATRICIA MILEY: Ms. Hodgins JODY HODGINS: No. PATRICIA MILEY: Mr. Hartt JON HARTT: No. PATRICIA MILEY: Motion falls. TOM HENDEL: Yes Jody. JODY HODG INS: t move to adopt the findings of tact contained in the staff report dated May 8, 1989, as findings of fact for this case. MARY LOU KNUDSEN: Second. TOM HENDEL: All those in favor ploase say "aye.' 37 Vwbmim Tranloripl Vutbnlim Tmnonlpl Public Homing !turn a Pnao of @ PMI; ',Any 17. i@@9 Pul4a framing. tram 0 Pap e el e Pat: May 17,19@9 Kodiak Island Borough MEMORANDUM DATE: May8, 1989 TO: Planning and Zoning Commission FROM: Commonly Devetopmeni Department SUBJECT: Information for the May 17, 1989 Regular Meeting RE; Qa 69-&32 Request for a variance from Section 17.57.020M (Off -Street Parking. - Number of Spaces Required) 01 the Borough Code to permit the conversion of an existing nonconforming residential structuro which has only one (1) on -street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a 13— Business Zoning District. A Portion 01 Lot 2, Block 19, Kodiak Townsite: 216 Rezanol Drive. (Patricia Jacobson) Thirty-five (35) public hearing notices were disttlouted on May 3, 1989. Dale of site visit: 1. Acolican$ 2. 1 and Owner: 3. Bxisiino Zonino: 4. Zoning History: 5. Location: Physical: Legal: 6. tot Size: 7. Existing Land Use: Case 89829 e3e April 25, 1989 Patricia Jacobson Same. B --Business The 1968 Comprehensive Plan identifies this area as Business. Departmental Files indicate no further activity. 216 Rezanol Drive Portion of Lot 2 (2C). Block 19, Kodiak Townsite 1,925 square feet Single -Family Residential Page 1 of 5 RV: May 17,1989 8. North: South: East: West: ITEM VI'D Tract 0, U.S. Survey 444; Remainder oI Lot 2. Block 19, Kodiak Townstle Use: Singlo.lamtty reskfence Zoning: B. -Business Rezanol Drive West Lot 1, Block 19, Kodiak Townsee Use: Business Zoning: B --Business Lots 3, 4, and 5A, Block 19. Kodiak Townsite Use: Parking. Multifamily Residential Zoning: B. -Business Comprehensive Plan' The 1968 Comprehensive Plan depicts this area for Central Business District development. 10. A The following sections of 1111017 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.57.020 Off-Streel parkino--Number of spaces required. A, For each principal building or use within a principal building. there shall be no less than the number of oft -street parking spaces specified under this section. 2. Buildings other than dwetiings: m. Retail store or service shop: one parking space tor each three hundred square feet 01 gross hoar area: COASTAL MANAGEMENT APPLICABLE PQLICIES Business Development 1, Natural Features Case 89-029 Dredge and till, excavation, shoreline alteration and disturbance of anadromous streams. tdettals and wetlands shat be minimized when constructing and operating port, hartror, dock, business and energy facilities - 8 permitted under applicable regulations. Consistent: Not applicable. This action does not involve alteration or disturbance of streams, tidellats, wetlands or the shoreline. Page 2 of 5 P&Z: May 17,1989 ITEM Vt-D 2. 14etural Selling. Views and Aaes4 Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago: developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable, This property i5 nal located along the shoreline. 3 Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 8 AAC 80.040 (Coastal Development) and 6 AAC 80.110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills it permitted under applicable regulations for the purpose 01 creating usable waterfront land. Consistent Nat applicable. This action does not involve any dredging or tilling. 4. Facility Design Developments in or over the waler, such as piers, docks and protective Structures shall be located, designed and maintained in a manner that prevents adverse impacts upon water quaky, fish, wildlife and vegetative resources and minimizes Interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. This action does not involve development in or over the water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent. nonbusiness properties in order to minimize conflicts between and uses. Consistent: Not applicable. This property is located in alarm established business area. 6. Accessory peveloomenj Accessory development that does not require a shoreline Location in order to carry out es suppan functions shall be sited away from the shoreline whenever there Is a feasible and prudent inland alternative, this category Includes parking, warehousing, open air storage, waste storage. treatment or storm runoff control realities or utilities. Consistent: Not applicable. This activity does not involve accessory development. Case 89-029 Page 3 of 5 P&Z: May 17, 1989 ITEM V1.0 7. Wetlands Filling and drainage of water bodies. tkgdways, backshores or natural wetlands shall be consistent with ACMP Standards 8 MC 80.070 (Energy Facilities) and 6 MC 80.130 (Habitats). Consistent: Not applicable. This action does not involve any tiling or drainage at water bodies. COMMENTS: The purpose Of this request is to permit the conversion at an existing nonconforming residential structure to a business structure which can only provide one (1) alt -street parking space to serve a requirement of two (2) off-street parking spaces. In order for the Commission to grant a variance, all of the following conditions must be satisfied: FINDINGS OF FACT 1. x '. •n.l •h i..1 it m The unique physical conditions applicable to this lot are its odd shape and small size. This lot Is part hardS0f a larger lot which was conveyed by metes and bounds into separate ownership. This structure is located in an older part of town which used to be primarily residential. The lots in this area were traditionally much smaller than the current code requires. Strict application el the zoning ordinances would resell in practical dilfculties or unnece$$aryhins. Strict application of the zoning ordinance would require the development oI at least two (2) Mi- streat parking spaces which must egress the lot without backing over the sidewalk or into the arterial. This Is a practical difficulty as there Is not enough room for Iwo (2) parking spaces which could provide enough turning radius for vehicles to turn around before heading onto Rezanol Drive West given Ire placement 01 the existing structures on the lot. The wanting Of the variance will nol result in material damages or preiudke to Other properties in Jhe vicinity nor be detrimental to the public's heath safety and welfare. Granting of the variance will block the use of the existing drive tor use at the singie4amiy residence boated behind th8 subject lot. From the on-site visit, it appears that the use of the existing dMeway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposod business, it Is uncertain whether the patrons of the establishment can be compelled to turn (heir vehicles around before egressing onto Rezanai Drive West. Backing onto Rexene Drive West would be detrimental to the public's satety, 4. The Granting of the variance will not be contrary to the objectives of the Comprehensive Plan Granting of the variance witi not be contrary to the objectives of the comprehensive pian which Identities this area for Central Business District Development. Case 89-029 Page 4 of 5 P82: May 17, 1989 ITEM VI -0 That gowns of the a0glicant did not cause special conditions or financial hardship from which reliet i$ being souoM try the variance. In this case, actions of the applicant have not caused the conditions from which relief Is being sought by variance. The variance wilt be decided prior to conversion of the existing residential structure to a business structure. 6. That the granting of the variance wilt not permit a prohibited tand Use in the district Involved. Business structures and associated parking are permitted uses In the B --Business Zoning District. RECOMMENDATION: Staff finds that this request does not meet all the conditions necessary for a variance to be granted under Chapter 17.66 {Variance) of the Borough Code. APPROPRIATE MOTION: Should the Commission agree with the sled recommendation, the appropriate motion is: Move.to grant a request tor a variance from Section 17.67.020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (i oil -street parking space to a business structure mat has a requirement of two (2) off-street parking spaces in a 9—Business Zoning Distad on a Porton of tot 2. Block 19. Kodiak Townies. Statt recommends this notion no denied and the following motion made: Move to adopt the findings of lad contained In the stall report dated May 9, 1989 as 'Findings el Fact' for this case. Case 89-029 1f 0 Page 5 al 5 PBZ: May 17,1989 QUAIL NCueg GNcicC.l C11 1Y[ s.fa• 9 - Nor ro ru1 ra.,oe. ksrantz a , at- ,.a;(:r taut- aat w•.a ~fly. • • 4$'.,,,a ntbv aallhL aw//cy: fedi /.[o of gr.;=,11:=2/7;17.1(gal, 2/7 .nkka :141 Nth 4vtat. 13id1 L• nit m14. 1,ry•. .nln. y••, .•44.m.14,-..,10.1•41.9.4••••• "..T4... i...':r::: aid-..' •.w 0.(1 Or 11 -.n.11•1 •il1'l.O.u.-. a Nod Al 7 yw, A' ^ •r.uMn •,I n..n.,,t Im.- I,.SOueh. n IO... /f c#yea. Pea LUNINU n¢ I RESIDENTIAL R-1 0 RESIDENTIAL R-2 E2 RESIDENTIAL R-3 El RURAL RESIDENTIAL BUSINESS INDUSTRIAL 0 CONSERVATION PUBLIC USE LANDS '.D'.•. WATERSHED 0 K OWNS/ TE se 84-024 A Portion of Lot 2, BI Kodiak To ice Patricia Jacobson R=325' RiaLic N qb male' • AREq. USSURVEY 444 Tr G 55 /937' N 34 H 44 NEW KODIA 41 USS 444 Tr4 Tr C US 2537 K KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A publlo hearing we; be hew on Wednesday, May 17, 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, it any, on the following request: Page 89-029 Request for a variance from Section 17.57.020M (Ott -Street Parking -Number of Spaces Roqulred) of 11le Borough Ccdo to permit the conversion of an existing nonconforming resktentiaf stmctuto which has only one {I) oft -street parking Space to a business structure that has a requirement of two (2) OB -street parking spaces In a El -Business Zoning District, A Portion of Lol 2, Bloch 19, Kodiak Towosao: 216 Rexene! Drive. (Patricia Jacobson) II you do not wish to testily verbally, you may provide your comments In the space below, or In a tetter to the Communtty Development Department prior t0 the meeting. This now. is Wing seat to you because our record* w6caw you ale • progeny owns In IN *total ria union 11 you have any questions about the request, please feel tree to call us at 486-5736. extension 255. Vow Name:'�i-�.. ,n '`t.�AA /7Manna.. . .. Manna Addrr e: /IS/Ti* j. Your prop,.IydeorptIon: (n,. _..,., ..�. Comments( MAY 9 1999 COMMUNITY DEVELOPMENT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held an Wednesday, May 17, 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, II any, on the following request: C S° 89-02% Request for a variance from Section 17.57.020M (OM -Street Parking -Number of Spaces Required) of the Borough Code lo permit the conversion of an existing nonconforming residential structure which hes only one (1) oil -street parking space to a business simdure that has a requirement 01 two (2) oU-elreel parking spaces In a Et -Business Zoning Dletdd. A Ponlon of Lol 2, Bock 19, Kodiak Townelto:216 Rezenot Drive. (Patricia Jacobson) II you do not wish to testily verbally, you may provide your comments In the space below, or In a letter to the Comnunity Development Department prig( to the meeting. Ms notice Is being vent to you homes our racorde lockets you ale a property owner Iona( ales of dismount II you have any questions about the request, please feel tree to call us at 488-5738. extension 255. Yeur Nam,: -0 Stt//:'to;4 /1-e''fit' Pc ce/✓ MaIIIng Add...... Zfr3' lar'% on: 1/'/O/40/ u'r Tow propuly drrlpe/, Comments: .u.oi /1 -._ea 'r,, /4.1en.✓-•.a• grr.,•se,,,- `44.-/•t: ,21/ nit s n ate . .'-a - :rhe r.2.c2. /"l:z- ..i /1✓�:e,e, ,Ir, r'^ /?P. . xi:el_... ._. c S ir CA -7 / .. ..1�en ,✓ .i /., /lel..e- [2.v...14? / /1-0..49-14.4, 4 ,.,art 4; r.. 4..L , . {{.a !.e .... s /.-,d'.r...7.4:-.., CeZgor'rs, :-1_ l.; «:. - t -. vk. — le z2 MAY 1 7 1989 COMMUNITY DE'/ELUPM.67 2F^'i KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MIII Bay Road, Kodiak, Alaska 99615 ITEM VI -0 PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. The meeting will begin at 7:30 p.m. In the Borough Assembly Chanters, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, t0 hear comments, if any, :mike following request: Case 89-029 Request for a variance from Section 17.57.020M (Off -Street Parking -Number of Spaces Required) of the Borough Code to permit the conversion of an existing noneanlomsng residential structure which has only one (1) o&street parking space to a business structure that has a requirement of two (2) off-street parking spaces In a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townste:216 Rezone( Drive. (Patricia Jacobson) If you do not wish to testily verbally, you may provide your comments In the space below, or In a letter to the Community Development Department prior to the meeting. The rwaco i• bele sent to you because our rocorda iodate you am .property owner in the uoe of the request 1l you have any questtnn�s about the request, please Teel Tree to call us at 486.57316, extension 255. Your Naar: R>,f11 L l a met) pilin° Addrrc. tit 130 X 6^65 Your popertY dacrlPtbn: i., w ;7 ",i l'-'- 8/3,1, 7 K H77'('_. 74 2 Comments: 7 Ci )49 r f,D-=4ed �"n ✓Av/cit tiree . Pr. irIII i2y I aliready &0 r yds%?rtl to +his arPeL, 4. n EP T haue YlO+icrel pe 1.-‘36 P1 Lhole cat 1,11 +lir 1 parbiify Jot and 4 -hen olaltzyn -l-u 1 h 1i+ in 9Uetien. J "1/19 hcfcl 14..ez5 lry6y°fted to httr the +nuwther r" 4p6Cre, rc'fyd:)YPd /7y ICAui .7'nii 7 `rE he feu!oeh -VAC y 3'+aEfr'l prIvKle rarbin5 t-cP 9ArVte tyre Ce=ho im5 5 • hCA' n 9r& fl4eCI e b'Qn Kine , KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT .710 Mill Bay Road. Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. The meeting cont begin at 7:30 p.m. In the Borough Assembly Chanters, 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 89.429 Request for a vadanoe from Seclbn 17.57.020M (09 -Street Parking -Number of Spaces Required) et the Borough Code to permit the conversion Ot en existing nonconforming residential - SINCimre which has only one (1) off-street parking space to a business structure that has a requitement of Iwo (2) ori -street parking spaces In a 13 -Business Zoning District, A Portion o1 Lot 2, Block 19, Kodiak Townstte: 216 Rezone/ Drive. (Patricia Jacobson) If you do not wish to testify verbally, you may provide your commends In the space be or In a letler to the Community Development Department prior to the meeting. PA notice Is beig coni to you because our records iodate. you .re. popany own. N the .re. MM rarest Ilyou have any questions about the request, please leel free to call us at 486-5738, extension 255. Your sem.: Maroaret Sutliff u.uky Address: , P.D. B ax 3669 /' Yourpropomyd.edpuon: Kodiak Townsite Lot Ptn 2 BIock 17 ; 2A 8 28 . - comments: Due to the critical parking in this area, the Borough should not grant a variance that would compound this problem-- . MAY 1 b 1989 COMMUNITY DEVELOP:4ZKi KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -0 PUBLIC HEARING NOTICE A puhlb hearing will be held on Wednesday, May 17, 1989. The meeting will begin al 7:30 p.m. In the Borough Assembly Chanters, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments. it any, on the following request: Can 89.029 Request for a variance from Section 17,57.020M (Ori -Street ParkI g -Number Of Spaces Required) of the Borough Coda to (*writ the conversion Of an existing nonconforming residential structure whkh has only one (1) off-street parking space to a business structure that has a requirement Of Iwo (2) off-street parking spaces in a B --Business Zoning District. A Pontin of Lot 2, Block 19, Kodiak Townsne; 216 Rezanot Drive. (Patricia Jacobson) If you do not wish to tastily verbally, you may provide your comments In the space below, or In letter to the Coma/illy Development Department Dnor to the meeting. This nolo. is being sent to you be u.eow,ean'ideal, you are a pygmy owner Int. era. of terpuat If you have any questions about the request, please feel tree to call us at 4865736, extension 255. your Maim Ma roe ret Sutliff guano Address. P 0 Box 3669 Kodiak, AR' lout prop.nyd.olptIoo: Norilsk Tnwnsite Addn Int 1 Block 19 • Cornmeal,: Comm.nts: the Borough should not grant a variance that would compound this problem. Due to the critical parking in theis area, the Borough should .. . .. . . .. - t. •u. •. cam,o d thi. robl•m MAY 1 6 1989 COMMUNITY nE'JELOPM ENT KEPT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MITI Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. me meeting will begin at 7:30 p.m. In the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak !eland Borough Planning and Zoning Commission,10 hear comments. It any. on the following request: Case 69.029 Request for a valance from Section 17.57,020M (CtbStreet Parking -Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) ori-streel pencils(' 'space to a business structure That has a requirement of Iwo (2) ori -street parking spaces In a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodlak Townshe: 216 Rozanot Drive. (Patdcla Jacobson) If you do not wish to testify verbally, you may provide your °amments in the space bekwv, or In a kilter to the Community Development Department =It to the meeting. This notice Is being tont to you because our roan indcow you area property owner In the enok of to mqj .t If you have any questions about the request, 09350 feel free to call us at 486-5736, extension 255. your Nun.: Norm Sutliff Mailing Addr...• p.0. Box 3669 Kodiak., Ak/' yaw prop.rtyd.onplton: New Kodiak Subd Lots 2,3,4.5.6,57 Cornmeal,: the Borough should not grant a variance that would compound this problem. ti. e lr�l MW 1 b 1989 COMMUNITY DE'VELOPMSN. I:F?y KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A gothic hearing will be no on Wednesday, May 17, 1989. The meeting wig begin at 7:30 p,m. In the Borough Assembly Charmers, 710 Mill Bay Road, Kodiak, Alaska. before the Kodiak Island Borough Planning and Zoning Commission, 10 hear comments. i1 any, an the following request: CASE a9.029. Request for a variance from Seabn 17.57.020M (Off -Street Parking -Number of Spaces Required) of the Borough Code 10 pent the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) offshoot parking spaces in a B -Business Zoning District. A Portion of Lot 2, Bbck 19, Kodiak Townsito; 216 Reranof Drive. (Patricia Jacobson) It you do not wish to testily verbally, you may provide your comments In the space below, or in a letter to the Community Development Department prior to the meeting. We nese a being sent toyou bursase ourmco.rat tnaca s you araapmpony away lo int arm of the request B you have any questions about therequest, please Leel free to call us at 4116-5736, extension 255. 7 , Your Name: e+ - ' DP? "516,`771 Muffing Address: 1')C. f J!I Your pope,tyd.cdplbn: h,<'Fr t/r Commaru: -r-,, t,:, r• /.+d.ri,:'/ n..) C. .. .,: n', Jr,:fr ,PuVr.n.^ /J }-s /4 c Pru0i 11 /.�ji-/.M (•n. .1.r.•t ,' 2 /r, T7....,, >F�B:?Si N. 144'1 41414 Fs,vF tfir.: .., w': ,is MAY 8 1989 COMMUNITY D£VELOPMENi OFPT 161. Larch Kodiak, Alaska 99615 May 16, 1909 Planning & Zoning Community Development Dept. Kodiak Island Borough 710 MIll Bay Rd. Kodiak, Ak. 99615 To Whom It May Concern: I am writing this letter in support of Pat Jacobson's variance request for parking. I feel her property, which is zoned business, should be allowed to be developed for that zoning. '1 believe such development would be an asset to the entire neighborhood. - ~ Further, it is my understanding that she would like to have a small gift shop there which would have gifts, but also other items which tourists might need or desire (such as a hair brush, toothpaste, etc.) In catering to the walking public and mainly tourism, the parking area would not have a negative impact on the downtown area. Parking would be necessary only for the manager. Again, 1 really see a need for this sort of business enterprise downtown. 1 see the property as already being zoned business and I see, by the nature of the intended enterprise, no negligible impact on the town's parking problems. I urge you to act favorably on Ms. Jacobson's variance request. Sinter /[ L%✓_t tic 1y a RECEIVED MAY 1 : 1989 COMMUNITY DE7ELOPMEN: cis PERSONS TESTIFYING AT THE PUBLIC HEARING MAY 17, 1989 CASE 89-029 Patricia Jacobson Box 1313 'Kodiak, Alaska 99615 Ryol.�G'.L_w/a>.F i &'ia .,W•4.,114, (Id ao= RECEIVED, X9.9 e vx a • ,Liza. kir. MAY 151989 7/o lh..Ude.l.2d,., -CG...r o/L..CUNNUNITY DEVELOPMENT 10 2i-lam. -it lilac/ .mow: p z>a.a. 1 itt . ,,}4..,u1Aw ,cG..., l�-.x-ni.as.'r":, tyxa, n,i�7 J"__ iUT', ' .}W..4..�+nW.tail .a1 2#� cji44114. 69,4401412e4:041 D Jew �1. a.tifi s a 49 •uu vAbutUtti/till • ..4/+ imi r-4-, Sa44' if AK�L ,4.. . Jilinori s- Q .11• tow-g-� p• PERSONS TESTIFYING AT THE PUBLIC HEARING MAY 17, 1989 CASE 89-029 Patricia Jacobson Box 1313 'Kodiak, Alaska 99615 Box 1313 Kodiak, Alaska. 9961 July 14, 1989 City Clerk 710 Mill Bay Rd. Kodiak, Alaska 99615 Dear City Clerks 1 wish to appeal the decision, Case 89-029, to deny the request for variance from Section 17.57.020M (Off -Street Parking --dumber of Spaces Required/. ' C.n,n.. Cirdia, 6 fact: ndlugv 1a "Exceptional ph+aical circumstances or conditions." 1 agree to the fact that the lot is oddl/ shaped and small, but there is at least one similar, very small lot.neart+ t+kith iw u5N .n .. a bu_Ile tinft,ebed beatileae, and there ..te numerous ones around town with far feewr then what would appear to be the required number of parking spaces. 2) "Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships." There is enough parking for two vehicles side by side, but it is questionable whether or not theone vehicle could manipulate the turn around for frontal access onto Rezanof. It would, perhaps, be difficult for the second vehicle, which is why I made the variance request. For the type of business which 1 would like to see developed there, one parking space would normally be sufficient. However, should it occasionally be necessary to have additional parking, there is a huge city parking lot less than one block away. 3) "The granting of the variance will not result in material damages or prejudice to other properties in the vie nitY nor be detrimental to the public's health, safety and welfare. Perhaps my biggest concern/objection occurs here. Staff has expressed concern about parking for the residence behind my lot. 1 question the validity of the concern when,. In fact, by allowing the other residence that parting, It prohibits e1E from that parking, and, indi , 11 IS Ili Ph11'1110 r,FLr.. 1!, -re i_ a small, dirt, side read, which lies parallel to Rezanof and stops at the residence behind mre. There is e.idence that there's been traditional and Ongoing use of numerous parking areas on either side of that road, which, it would seem, would be the reeidence benrnd me, and hr'she could enter Rezanof at the light. Some P. & Z. members expressed similar irritation to mine as to its being irrelevant to have concern about the residence behind me using 11Y parking area, especially when that would preclude my use of it. Further, the P & Z finding of fact continues, "even if one space is allowed to serve the proposed business it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around prior to entering Rezanof." As I've stated before, there is room for the one vehicle, for sure, to turn around prior to entering Rezanof. But Staff poses the question of whether or not drivers can be compelled tc do so. I am amazed by that comment, too. There are numerous things in life which people should or «7 should not do. There •le mei/ lawn regulating them, but the bottom line Is, no, they cannot, in manY instances, be compelled even if the opportunity for appropriate action has been made available. I am frustrated that staff is concerned about the person behind me being able to use MY parking which then means I can't use it. And they are concerned that, even i4 provided the opportunity and means to do it, people MIGHT not turn around and approach Rezanuf frontally. 4) "Granting the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Central Business District Development.' I agree. I have business. -zoned property which i5 located in the middle of the downtown business district and which I would like to develop into a business. As one P & 2 member indicated, I am almost an island as nearly all the area lots seem to be business being used as business with the exception of me. Kodiak seems interested in expanding and improving the tourism industry. I believe my location would be an asset to foot traffic tourism. The hotel is nearby. I would anticipate a small gift shop which included magazines er,d toiletry articles such as toothpaste, which a traveler might forget arid which are not available at the hotel. This would not have a significant, negative impact on the traffic problem in town as its primary appeal would be to the walking public. As the structure is very small I would anticipate one employee working there. y8 the property has been used for flora as a rental with two parking places. The area Is zoned business and It needs to be allowed to be developed for business. In so doing it would require a face lift and 1 feel this would also enhance the neighborhood. Three letters of opposition (from two individuals married to each other) are from the newspaper building comers. The newspaper building has a fairly sizeable staff and a targe, drop-in, driving clientele. It has minimal parking with a very tight turn around area. By nature of that business much o4 the clientele must drive there rather than walk. They have PARKING problems and oppose my request. Again, I say, my small business site would have little negative impact on parking. Because of the nature of the proposed business, it would attract hotel guests, and other tourists, most o4 whom do not have cars. The Krafts' representatives wrote a letter of opposition, too. I find it interesting that Krafts has use of the huge CITY -owned parking lot, to my knowledge, has none of its own, and i5 opposed to MY endeavor. One might wonder if Krafts is exempt from being required to have land for many parking places, based or, its size. One P & 2 member who voted against my request has a horrible problem with parking at her business and several others in the same complex. One might initially feel that all of the above-mentioned business objections to parking variances are because they know first-hand about the problems of parking in Kodiak. I don't feel that is the issue. The issue, to me, is that 1 have business property being used as a rental and I have an interest in developing that property toward its potential. The impact on parking at that tiny business would, in all probability, be minimal. There isn't enough business property downtown now --much growth is occurring out of town. But most drivers frequenting these downtown businesses are adults capable of making decisions about where to park and how to get in and out of there. The walking traffic, and and development of business—zoned property should not be made to bear the burden of Kodiak's longtime parking dilemma and should not have to suffer the consequences by being denied this business opportunity in a nice downtown location. I respectfully urge you to grant my variance request. 1 expect to he out of tr:m during late August and would, therefore, request that rcu postpone consideration of this appeal until your September 14, 19$9 mee might attend and be able to speak. Thank you. in order that 1 4/ September 6, 1989 Donna Schmidt LEGAL AD NOTICE OF HEARING The Kodiak City Council will sit as the Board of Adjustment to hear Patricia Jacobson's appeal of Case 89-029 regarding off-street parking requirements. The appeal will be heard during the regular City Council meeting of September 14, 1989. Interested persons are invited to attend the meeting at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road. Publish: September 7, 1989 Kodiak Daily Mirror B111: Marcella H. Dalke, CMC/AAE City of Kodiak P.O. Box 1397 Kodiak, Alaska 99615 ADMINISTRATIVE OFFICES POST OFFICE 0OX 1397. KODIAK. ALASKA 99615 TELEPHONE (907) 486-3214 FAX (907) 466-4009 September 6, 1989 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 RE: Appeal of Case 89-029 Dear Miss Jacobson: At the regular City Council meeting of September 14, 1969, the City Council will sit as the Board of Adjustment to hear your appeal. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road. If you have any questions, please do not hesitate to con- tact me. Letter mailed to following list September 6, 1989 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 Melvin M. Stephens, II P.O. Box 1129 Kodiak,, Alaska 99615 James and Sophie Anderson 101 Natalia Way Kodiak, Alaska 99615 Geneneiva Pearson Box 669 Kodiak, Alaska 99615 Ruth E. Hansen Box 663 Kodiak, Alaska 99615 Norman and Margaret Sutliff Box 3669 Kodiak, Alaska 99615 J. Bruskotter Sincerely, Box 1217 CITY OF KOOIAK Kodiak, Alaska 99615 MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj cc: Gordon J. Gould, City Manager Melvin M. Stephens, II, City Attorney Linda Freed, Community Development Director Persons filing statements Nancy Holzhu 1617 Larch Street Kodiak, Alaska 99615 Madelyn Layton Poland Box 64 Kodiak, Alaska 99615 S/ MEMORANDUM TO: Mayor and Councilmembers a 4 FROM: Marcella H. Dalke, CMC/AAE, City Clerk VN ��"'R-- SUBJECT: Jacobson Appeal DATE: September 15, 1989 Patricia Jacobson will be contacting my office Monday as to her preferred postponement date. At this time, she is leaning toward October 12, when their is a chance a full Council would be present. In any case, the following motion is in order at this morning's meeting: "Move to postpone the Board of Adjustment hearing on the Jacobson appeal to a subsequent regular Council meeting of the appellant's choice." September 29, 1989 ATTN: DONNA SCIIMIDT LEGAL AD CITY SCHEDULES PUBLIC HEARING At the regular meeting held October 12, 1989, the Kodiak City Council will hold a public hearing on Ordinance Number 873 which would repeal Kodiak City Code_Chapter 5.20 which would eliminate the requirement for liquor handlers permits. Interested persons are invited to attend the meeting at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road. Copies of the ordinance are available in the City Clerk's office, 710 Mill Bay Road, Room 211. Publish: October 5, 1989 Kodiak Daily Mirror Bill: Marcella H. Dalke, CMC/AAE City of Kodiak P.O. Box 1397 Kodiak, Alaska 99615 g3 ADMIMISTRATIVE OFFICES PO51 OFFICE BOX 1397. KODI4W. ALIM 99615 TELEPHONE (907) 486.3224 FAX (907) 486-4009 September 29, 1969 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 RE: Appeal of Case 89-029 Dear Miss Jacobson: At the regular City Council meeting of October 12, 1989, the City Council will sit as the Board of Adjustment to hear your appeal. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road. If you have any questions, please do not hesitate to con- tact me. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj cc. Gordon J. Gould, City Manager Melvin M. Stephens, II, City Attorney Linda Freed, Community Development Director Persons filing statements Letter mailed to following list September 29, 1989 Patricia Jacobson P.O. fox 1313 Kodiak, Alaska 99615 Melvin M. Stephens, 11 P.O. Box 1129 Kodiak, Alaska 99615 James and Sophie Anderson 101 Natalia Way Kodiak, Alaska 99615 Geneneiva Pearson Dox 669 Kodiak, Alaska 99615 Ruth E. Hansen Box 663 Kodiak, Alaska 99615 Norman and Margaret Sutliff Box 3669 Kodiak, Alaska 99615 J. Bruskotter Dox 1217 Kodiak, Alaska 99615 Nancy Holzhu 1617 Larch Street Kodiak, Alaska 99615 Madelyn Layton Poland Box 64 Kodiak, Alaska 99615 ADMINISTRATNUE OFFICES POST OFFICE BOX 1397. KODIAK. ALASKA 99615 TELEPHONE (907) 486-3224 FAX (907) 486-4009 September 29, 1989 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 RE: Appeal of Case 89-029 Dear Miss Jacobson: At the regular City Council meeting of October 12, 1989, the City Council will sit as the Board of Adjustment to hear your appeal. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road. If you have any questions, please do not hesitate to con- tact me. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj cc: Gordon J. Gould, City Manager Melvin M. Stephens, II, City Attorney Linda Freed, Community Development Directory/ Persons filing statements ECEWVI SEP 2 g 1989 pi --- COMMUNITY DEVELOPMEN DEPT ADMINISTRATIVE Or ICES POST OFFICE BOX 1397. kODIAk. ALASKA 99615 TELEPHONE (907) 486-3224 FAX (907) 486-4009 September 6, 1989 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 RE: [Ap'peal_ of Case. 89-029 Dear Miss Jacobson: At the regular City Council meeting of September 14, 1989, the City Council will sit as the Board of Adjustment to hear your appeal. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers at 710 Mill Bay Road. If you have any questions, please do not hesitate to con- tact me. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj cc: Gordon J. Gould, City Manager Melvin M. Stephens, II, City Attorney Linda Freed, Community Development Director ✓ Persons filing statements July 20, 1989 Linda Freed, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 ADMINISTRATIVE OFFICES POST ()MCC BOX 1397. KODIAK. ALASKA 99615 TELEPHONE (907) 486-3224 FAX (907) 486-4009 RE: Appeal of Case 89-029 - Patricia Jacobson Dear Linda: The City of Kodiak has received the appellant's written statement. In accordance with City Code 17.10.040, you may file a written statement in opposition to the appeal within fifteen days after the date of this letter which will be August 4, 1989. The appellant has requested a postponement of the hearing to September 14, 1989. The City proposes to grant the request unless we receive an objection from you within seven days of the date of this letter. If you have any questions, please do not hesitate to contact this office. Sincerely, ITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj Oct . l •x-09. cc: City Manager Mayor and Council Melvin M. Stephens, II, City Attorney Patricia Jacobson RECEIVED JUL 1 91989 COMMUNITY DEVELOPMENT DEPT RECEIVEL JUL 1 91989 COMMUNITY DEVELOPMENT DEPT City Clerk: 710 Mill Bay Kodiak, Alas 99A15 Dear City 1_1er.k 1 wish to appeal request for varkance Box 1313 Kodiak, AI July 14, 1905 CQ yy, 40913 BMW °OM 7 cmcows p1A►` r� � eye the decision, Case 89-035, to deny Section 17.57.020M (Off—Street Parking --Number of Spaces Required). Regarding the Planning Zoning Commission finding=_ fact: the 1) "Exceptional physical circumstances or conditions." I agree to the fact that the lot is oddly shaped and small, but there is at least one similar, very small loot nearby which is used as a busily trafficked business and there are numerous ones around town with far feijer than what would appear to be the required number of parking spaces. "Strict .application o+ the coni dinances would result in practical difficulties or unnecessary hardships." There is enough parking for two vehicles side by side, but it is questionable whether or not the one vehicle could manipulate -the turn around for f • ess onto It would, perhaps, be difficult for the second vehicle, which variance reque For the type business which I Mould like to see developed there, one parking space would normally be iciest. However, should it occasionally be necessary to have additional parking, there is a. huge city parking lot_ less than ock away. S "The granting of the variance w ..b materiel damages or prejudice to other properties in the • vicinity nor be detrimental to the public's health, _atety and welfare." Perhaps my biggest concern/objection; occurs here. Staff has expressed concern about parking for the residence behind my tot. I question the validity of the concern when, in :'act, by allowing parking, it prohibits HE from that parking, and, indisputably, IT snce that PARKING AREA. There is a ssmal 1 , dirt, slide road, which lies parallel to Reza.nof and stoop'_ at the residence behind me. There ence that there's been traditional and ongoing use of numerous parking areas on e side of that road, which, it would seem, would be at least AS appropriate for the residence behind me, and he =.he could crater F'ezanof at the 1 icht. Some P. & Z. members expressed sirhilar irritation to mine as to its being ir'rel-vent to have concern about the residence behind me using MY parking area, especially when that would preclude my use of it. Further, the F & Z finding of fact continues, "even if one space is allowed to serve the proposed busi ness it is uncert Her the patrons of the establishment can be compelled to turn their vehicles around prior to entering f thierr is room for the one vehicle, for sure, to turn around prior to entering Rezanof. But Staff poses the question of whether or not drivers can be compelled to do so. I am amazed by that comment, too. There are ni. people should or should not do. There are many 1 aws r'9c4ul at i 3 :hem, u, the bottom line is, no, the>cannon],, in many i. ns.?anceE., be compelled even iL the ctppor'tuniE7 for appropriaten been made available. I am frustrate.. that staff i concerned about the person behind ripe being able to use MY Parking which hen means I concerned that, even if post has ded the opportunity and means to do it, people MIGHT not `.urn Bround and approach Reza.ncf frontal1/. 4) "Granting the variance lxtl l l not be contrary to the abje•=fives of the comprehensive pian which identifies this area Bu=siness District :J:=t1.?loo{pment.° _ agree I have business -zoned property which is located in the ,middle of the downtown business district .and which 1 would like to develop into a business. »s one P & 1member indicated, I am almost an island as nearly all the area lots seem to be business being used as business with the exception of me. Kodiak seems interested In e' pandinci and improving the tourism industry. I believe my location would be ari asset to foot traffic tourism. The hotel is nearby. I would p which included magazine- and toiletry article=such as toothpaste, which a traveler might forget and which are not available at the hotel. This would not have a sign p on the traffic problem in town as its primary appeal would be to the walking public. As the structure is very small I would anticipate one employee working there. 41 The property has been used for years as a rental wi th two parkin_ places. The area is zoned business and is needs to be allowed to be developed for business. In so doing it would require a face lift and I feel this would also enhance the neighborhood. Three letter -s of opposition (from two individuals married to each other) are from the newsp.a.per building owners. The newspaper building' has a fairly sizeable staff and a large, drop-in, driving clientele. it ha.s minimal parking with a very tight turn around area. Sy nature of that business much of the clientele must drive there rather than walk.. They have PARKING problems and oppose ,my request. Again, I say, my small business site would bade little negative impact on parking. Because of the nature of the proposed business, it would attract hotel guests, and other tourists, most of whom do not have cars. The Krafts' representatives wrote a letter of opposition, too. I find it interesting that Krafts has use of the huge CITY -owned parking lot, to my knowledge, has none of its own, and is opposed to MY endeavor. One might wonder if Kraits is exempt from being required to have land for many parking places, based ori its size. One P °: Z member who Voted against my request has a horrible problem with parking at her business and several others in the same complex. One might initially feel that all of the above-mentioned business objections to parking variances are because they know first-hand about the problems of parking in Kodiak. I don't feel that is the issue. The issue, to me is that I have business property being used as _. rental and I h.:... e. an interest in developing that property toward its potential. The impact on parking at that ting business would, in .11 probability be minimal There isn't motion business property downtown now --much growth is occurring out o$ town. But most dr1i_ frequenting these downtown buss ne sse = are adults capable of making decisions about „there to park and how to yet in and out of there. The walking traffic and and development o+ business—zoned property should not be Irnade to bear the burden of Kodiak'_ longtime parking dilemma and should not have to suffer the consequences by being denied this. business opportunity in a nice downtown location. I respectfully urge you to grant my variance request. I expect to be out of town during late August and would. there+Ore, request that you postpone consideration of this appeal until your September 14119S? meeting in order that I might attend and be able to speak,. Thank you. Sincerely, Pat Lacobson ADMINISTRATIVE OFFICES POST OFFICE DOA 1397. KODIAK. ALASKA 99615 July 5, 1989 Patricia Jacobson P.O. Box 1313 Kodiak, Alaska 99615 TELEPHONE (907) 486-3224 FAX (907) 486-4009 RE: Appeal of Case 89-029 The denial of a request for a variance from Section 17.57.020M (Off -Street Park- ing --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming res- idential structure which has only one (1) off-street parking space to a business structure that has a re- quirement of two (2) off-street parking spaces in a B --Business Zoning District. Portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West Dear Ms. Jacobson: The City of Kodiak has received the Kodiak Island Borough's RECORD ON APPEAL in response to your NOTICE OF APPEAL, and it is available in the City Clerk's office for review. Your $45.00 check for the verbatim transcript has also been re- ceived. In accordance with City Code 17.10.040 Written Statement, you may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the allegations contained in the notice of appeal. The dead- line for this statement is July 20, 1989. We would appreciate your timely response. If you have any questions, please contact this office. Sincerely, CITY OF KODIAK MARCELLA H. DALKE, CMC/AAE City Clerk MHD/nj RECEIVED JUL 5 1989 COMMUNITY DEVELOPMEN2 DEPT cc: Gordon J. Gould, City Manager Mayor and Council Borough Community Development Department/ Melvin M. Stephens, II, City Attorney Nancy E. Jones, CMC Deputy City Clerk, City of Kodiak Box 1397 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 June 22, 1989 Re: Appeal of Case 89-029. The denial of a request for a variance from Section 17.57.020M (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (20. off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive West. (Patricia Jacobson) Dear Nancy: Please find enclosed the record on appeal, as required by Kodiak City Code 17.10.030, for the case referenced above. Specifically, the appeal record consists of the following. 1. A verbatim transcript of the proceedings before the Planning and Zoning Commission from which the appeal has been taken. This includes (a) a verbatim transcript of the hearing and decisional meeting held on May 17, 1989; and (b) a copy of the approved minutes from the May 17, 1989 Planning and Zoning Commission meeting. 2. Copies of all memoranda, exhibits, correspondence, recommendations, analyses, maps, drawings, and other documents submitted to the Planning and Zoning Commission prior to the decision from which the appeal is taken. 3. A copy of the written decision of the administrative body, including its findings and conclusions. Kodiak Island Borough Nancy E. Jones, CMC Deputy City Clerk, City of Kodiak June 22, 1989 Page Two 4. A list of the names and address of all persons appearing as witnesses at the hearing. The cost to the Kodiak Island Borough for preparing the transcript for this case is $45.00. Please have the appellant provide a check made out to the Kodiak Island Borough to the Community Development Department for processing. If you have any questions about the appeal record, please contact me. Sincerely, Linda L. Freed, Director Community Development Department - Attachments Kodiak Island Borough THIS IS TO CERTIFY THAT: CERTIFICATE The Public Hearing in the matter of: Case 89-029. The denial of a request for a variance from Section 17.57,020M (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive West. (Patricia Jacobson) was held as herein appears and this is the original verbatim transcript thereof. KODIAK ISLAND BOROUGH Patricia Miley, Sepretary Community Development Department Kodiak Island Borough PLANNING AND ZONING COMMISSION PUBLIC HEARING ITEM D Case 89-029. The denial of a request for a variance from Section 17.57.020M (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive West. (Patricia Jacobson) The above-cited Public Hearing was heard on May 17, 1989, in the Kodiak Island Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The meeting was conducted by the Kodiak Island Borough Planning and Zoning Commission Chairperson, Tom Hendel. TOM HENDEL: DUANE DVORAK: TOM HENDEL: PATRICIA JACOBSON: Verbatim Transcript Public Hearing Item D Okay, we'll now go on to Case D. This is Case 89- 029. Request for a variance from Section 17.57.020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one off-street parking space to a business structure that has a requirement of two off-street parking spaces in a Business Zoning District. This is a Portion of Lot 2, Block 19, Kodiak Townsite; located at 216 Rezanof Drive. Duane, do you have anything on this? There were 35 public hearing notices sent out, 3 were retumed with no objection or in support of the request, 6 were returned with objections to the request, however, I would note that 2 were from the same person related to different properties in the area. Staff has recommended denial of this request. Okay, thank you Duane. At this time I would close the regular meeting and open the public hearing. Anyone wishing to comment on this case, please come forward at this time, state your name, and sign in for the record. My name is Pat Jacobson. I'd just like to reiterate for a few seconds, if I could, the property is zoned Business, it has been used as a little rental for a number of years, my intended purpose would be to have it become a small gift shop that would cater to the foot traffic especially since it is located quite close to the hotel there. It might also have magazines and things like that to try to appeal to the public. In that purpose I would find that it would not necessitate extra parking other than for the person managing the residence since it would be catering to the foot traffic. I think that it would, Kodiak is interested in trying to improve tourism all the time, and I think that that wouldbp one more effort that could be made and that it would also be an asset to the neighborhood. Page 1 of 8 P&Z: May 17, 1989 TOM HENDEL: I worked for a number of years in the summer time at my sister-in-law's gift shop in Kotzebue, and it has always kind of been a thought in the back of my mind that eventually when I do retire from teaching that Is what I would do to supplement my retirement income. So, I guess that is about all, I sort of feel that I am between a rock and a hard place, it's as I mentioned a low rental income and yet it is zoned Business and so I don't really see much of a way to try to develop it further unless I'm allowed this variance. I guess that's it. Thank you very much for your time. We did have some questions at the worksession on who the parking, who it belonged to and who the driveway was there to serve, and could you clear that up for us a little bit at this time? PATRICIA JACOBSON: Well, I tried but I don't have much to add. The driveway does belong to me. I tried both to contact the fellow living right behind to find out more about the frequency of their parking there, and also I think you had asked about talking to the people at the hotel. I tried to contact both several times, but this last week has been crazy for me, too, as we are trying to close up school, so rather than ask them to return a call to me at school I said I would keep trying back, and so I didn't have any luck with either party and I am sorry about that. TOM HENDEL: Okay, what about the lot next door? Wasn't that where the house burned down or PATRICIA JACOBSON: Yeah TOM HENDEL: Was there any possibility of using that for additional parking, did you inquire into that? PATRICIA JACOBSON: Well, that is listed by the Borough as belonging to Mr. Stratman, but he says that it was sold to Mr. Waddell. ,And so I don't know where we are on that, I did talk to Mr. Waddell as far as what my interests in this were Verbatim Transcript Public Hearing Item D Page 2 of 8 P&Z: May 17, 1989 TOM HENDEL: and he supported what I was trying to do, but beyond that he didn't commit one way or another. Okay, what are your intentions if this does pass and you do open a shop as far as parking in the driveway, are you going to block it off so that the people behind cannot use it or PATRICIA JACOBSON: No, no. I'm glad you brought that up. What my intent would be is again initially even if they are parked back there there is enough room to pull up right by my door and it would be my intent again abiding by the Borough's request too to pull •in there and to back around so that one would have a frontal approach back on to Rezanof and If that were done and you pulled right around to the front of my dwelling you would be ready to make the approach on to Rezanof but also you would be clearing the driveway for the party behind. TOM HENDEL: Does any one else have any questions? Okay, thanks. PATRICIA JACOBSON: Thank you very much. TOM HENDEL: Anyone else wishing to comment, please come forward at this time. MARY LOU KNUDSEN: Seeing and hearing none, close the public hearing and reopen the regular meeting. Mary Lou. I've got some comments. I, it really bothers me that we are trying to make as much leeway or whatever for the people behind. That isn't their property so why should we be worrying about where they are parking when legally they aren't parking where they are supposed to be. She could block the driveway off and they wouldn't be legally, they wouldn't be able to say anything, they aren't supposed to be on her property Verbatim Transcript Public Hearing Item D Page 3 of 8 P&Z: May 17, 1989 TOM HENDEL: JODY HODGINS: to begin with. And if, I can't see why somebody couldn't park, when I drove by somebody was parked in the front yard. It must have been her renters or somebody. And why somebody couldn't park there and back up into the driveway and if a car was pulled way up into the driveway that would be two parking places. They would have to back up into the driveway, I think that would be kind of funny but some of the other things that we approve are kind of weird too. And then the person that was in the driveway could back along the front of the house and come out that way so they would both be coming onto Rezanof straight. Just the idea that we are making all these concessions because the people behind are using that driveway for their parking instead of going up the other streel. Well, I don't really feel thatwe are making any concessions other than the fact that to consider who it belongs to and to clarify the issue there. Anyone else have any comments? Jody. I, well when I went out to see the property I looked at it and I looked at the driveway and I thought how on earth are you going to be able to control how people pull in and back out and you know, personally I have interest in a building that you have to back out of the parking lot sometimes because I can't tell them well if you pull up here and if you do this, and you do that you can get out. I know it's difficult and I just don't see anyway you are going to be able to, even with the driveway blocked or the driveway you know, I don't see any way you are going to be able to control how they get back out onto Rezanof. You are going to have the same problem that faces the Daily Mirror. When people pull in there they end up back out onto Rezanof and it is real dangerous especially at peak traffic hours. I understand Pat's situation, you know I mean it's a Business piece of property, and a gift shop is a wonderful idea and I'm sure she would be successful at it, but without having any parking space Verbatim Transcript Public Hearing Item 17 Page 4 of 8 P&Z: May 17, 1989 TOM HENDEL; WAYNE COLEMAN: at all, I don't see how she can do it I mean even one is just going to be difficult to control. Thank you, Jody. I have kind of conflicting feelings on this also. On one hand I would like to see additional business especially a gift shop and I think that foot traffic would be the greater percentage of the business for that, however, there are several other considerations and one is employees, the neighbors, deliveries, people that perhaps are the small percentage that aren't walk-in, that is a bad area I'd like to see it go but my feeling is that the only way we are going to encourage any proper development of that area is to hold the line on the parking and see if some of these lots cannot consolidate in the future and that's the only reason I am going to vote no is because it is a major thoroughfare and it could cause some serious problems and right now as a rental it's minimized, any kind of business I can see it creating some problems. Anyone else have comments? Well, that's virtually an island unto itself there now it's business almost all the way up and down that street, used business as business all the way up and down that street except for I believe one other residence .in there and it doesn't sound like this little bit of extra business that perhaps be mostly foot traffic generated • I don't believe would be the straw that breaks the camel's back in that particular case because it is an area used pretty much for business I would like to see it go I would like to see it approved on that basis. There's been variances for parking in that area granted in not too distant past, non-contiguous and things like that, I know it's tough getting in and out of those places, but that's just one of many, many in town like it and f would like to see it approved. TOM HENDEL: Okay, thank you Wayne. Bruce, do you have a comment? Verbatim Transcript Public Hearing Item D Page 5 of 8 P&Z: May 17, 1989 lz BRUCE BARRETT: TOM HENDEL: MARY LOU KNUDSEN: TOM HENDEL: JON HARTT: TOM HENDEL: JODY HODGINS: I have taken a look at the site and. I. am sympathetic to development, more businesses are needed particularly associated with tourists, but I also recognize the parking and the driving hazard on Rezanof on that location and I have had some problems there. I am going to vote against this and it's not from the concept, I am not opposing the business there is just not adequate parking and it is a hazard along that stretch already and this would be adding to it. Thank you Bruce. Any further comments? Mary Lou. I can't. For this size business required spaces are two. And the requirement for a single-family residence are two. And when I drove by there there were two cars there so I can't see where having this as a business is going to Increase the traffic problems. If she keeps it as a residence there is still going to be a traffic problem. Jon. The only thing that I could see is It could be a problem like some of the neighbors. She said pedestrian traffic mainly was what she was going to deal with, but if there were two or three cars in there and they wanted to park they'd go in the motel and it would probably tick those people off, or park across the street at Sutliff's or whatever. Okay. Yes, Jody. I would like to move to grant a request for a variance from Section 17.57.020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one off-street parking space to a business structure that has a requirement of two off-street parking spaces in a Business Zoning District on a Portion of Lot 2, Block 19, Kodiak Townsite. Verbatim Transcript Public Hearing item D Page 8 of 8 P&Z: May 17, 1989 MARY LOU KNUDSEN: Second. TOM HENDEL: Any further discussion on the motion? Can we have a roll call vote, please. PATRICIA MILEY: Mr. Hendel TOM HENDEL: No. PATRICIA MILEY: Ms. Knudsen MARY LOU KNUDSEN: Yes. PATRICIA MILEY: Mr. Coleman WAYNE COLEMAN: Yes. PATRICIA MILEY: Mr. Barrett BRUCE BARRETT: No. PATRICIA MILEY: Ms. Hodgins JODY HODGINS: No. PATRICIA MILEY: Mr. Hartt JON HARTT: No. PATRICIA MILEY: Motion fails. TOM HENDEL: Yes Jody. JODY HODGINS: • I move to adopt the findings of fact contained in the staff report dated May 8, 1989, as findings of fact for this case. MARY LOU KNUDSEN: Second. TOM HENDEL: All those in favor please say "aye? Verbatim Transcript Public Hearing Item D Page 7 of 8 P&Z: May 17, 1989 COMMISSIONERS: Aye. TOM HENDEL: - All those opposed same sign. (no response) TOM HENDEL: Pat, you have ten days to appeal so you can Just take care of that, if you wish to, up at the office. Thanks. Well now go on to Case E. Verbatim Transcript Public Hearing Item D Page 8 of 8 P&Z; May 17, 1989 if allowed by the Alaska Maritime National Wildlife Refuge will be authorized by permit only. 3. That granting the conditional use permit will not be harmful to the public health.safety. convenience. and comfort. 4. The proposed use should not be harmful to the public's health, safety, convenience or comfort. The proposed facility Is located well away from other zoning districts which are potentially Incompatible with this land use. As identified In Section 1 above, the landfill will provide a waste disposal she for existing processing facilities which will eliminate the adverse environmental Impacts which could occur If the wastes were otherwise disposed ot. are being orovided to meet the conditions listed In subsections A through C of thls section. The proposed landfill area Is remote and located a good distance from any nearby uses. Compacting the Wastes before placement In the landfill will help to reduce the potential for leachates Into the local ground water system. Additional safeguards will be provided through the applicable regulations of the Alaska Department of Environmental Conservation. 0) Case 69-029. Request for a variance from Section 17.57.020M (OR -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) oil -street parking space to a business structure that has a requirement of two (2) off-street parking spaces In a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) DUANE DVORAK indicated 35 public hearing notices were mailed and 6 were returned, 3 stating non -objection and 3 opposing this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: PATRICIA JACOBSON appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. A discussion ensued among the Commissioners regarding this request. The consensus of the Commission was that they were in favor of a gift shop but opposed to this specific request due to the applicant's inability to meet the required oft -street parking. COMMISSIONER HODGINS MOVED TO GRANT a request for a variance from Section 17.57.020M of the Borough Code to permit the conversion al an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Page 10 of 26 P8Z Minutes: May 17, 1989 Zoning District on a Portion of Lot 2, Block 19, Kodiak Townsite. The motion was seconded and FAILED by majority roll call vote. Commissioners Handel, Barrett, Hodgins, and Hartt voted "no? COMMISSIONER HODGINS MOVED TO ADOPT the findings of fact contained in the staff report dated May 8, 1989 as "Findings of Fad" for this case. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT - 1. Expert= physical circumstances or conditions eo cable to the grope y or intended use of development. which generally do not apply.,to other properties In the same land use district. The unique physical conditions applicable to this lot are its odd shape and small size. This lot Is part of a larger lot which was conveyed by metes and bounds Into separate ownership. This structure is located in an older part of town which used to be primarily residential. The lots In this area were traditionally much smaller than the current code requires. 2. Strict application of the zoning ordinances would result In practical difficulties or unnecessary hardships Strict application of the zoning ordinance would require the development of at least two (2) off-street parking spaces which must egress the lot without backing over the sidewalk or Into the arterial. This is a practical difficulty as there is not enough room for two (2) parking spaces which could provide enough taming radius for vehicles to turn around before heading onto Rezanof Drive West given the placement of the existing structures on the lot. 3. The granting of the variance will not result in material damages or preiudice to other properties In the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will block the use of the existing drive for use of the single-family residence located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety. 4. The granting o of the Comprehensive Pian. e varian r• •: a.r .1 • : Granting of the variance will not be contrary to the objectives of the comprehensive plan which Identifies this area for Central Business District Development. • Page 11 of 26 P&Z Minutes: May 17, 1989 6. That actions of the applicant did not cause special conditions or financial hardship from which relief Is being sought by the variance, In this case, actions of the applicant have not caused the conditions from which relief Is being sought by variance. The variance will be decided prior to conversion of the existing residential structure to a business structure. n e A4 .p ur . • . r . .• . • use In the district Involved Business structures and associated parking are permitted uses In the B --Business Zoning District. E) Case 89-030. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to permit a commercial hunting and fishing operation consisting of multiple buildings to locate in the C -- Conservation Zoning District. U.S. Survey 1949; generally located at the mouth of the Sturgeon River near Kaduk. (Michael L. Cusack/Andy Cristaldi) DUANE DVORAK Indicated 9 public hearing notices were mailed for this case and 2 were returned, addressing various concerns. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: KEVIN RYAN, Acting Manager of the Kodiak National Wildlife Refuge, appeared before the Commission and read a letter dated May 17, 1989 Into the record. COMMISSIONER BARRETT discussed specific U.S. Fish & Wildlife Service concerns regarding air boat traffic and numbers of hunters with Mr. Ryan. ANDY CRISTALDI, representing the applicant, appeared before the Commission and expressed support for this request. A discussion ensued among the Commissioners and Mr. Cristaldi- regarding access to Sturgeon Lagoon and refuse and wastewater disposal. Public Hearing Closed. Regular Session Opened. OMMISSIONER BARRETT MOVED TO GRANT a request for an exception from Section 17.13.020 al the Borough Code to permit a commercial hunting and fishing operation consisting of multiple buildings to locate In the C --Conservation Zoning District on U.S. Survey 1949, and to adopt the findings of fact contained in the staff report dated May 9, 1989 as 'Findings of Fact' for this case, subject to the following condition: 1. The maximum number of clientele shall not exceed sixteen (16) per day. Page 12 of 26 P&Z Minutes: May 17, 1989 ITEM VI -D Kodiak Island Borough MEMORANDUM DATE: May 8, 1989 TO: Planning and Zoning Commission FROM: Community Development Department44 SUBJECT: Information for the May 17, 1989 Regular Meeting RE: Case 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking -- Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of Iwo (2) off-street parking spaces in a B— Business Zoning District. A Portion o1 Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) Thirty-five (35) public hearing notices were distributed on May 3, 1989. Date of site visit: April 25, 1989 1. Applicant: Patricia Jacobson 2. Land Owner: Same. 3. Existing Zoning: B --Business 4. Zoning History: The 1968 Comprehensive Plan identifies this area as Business. Departmental Files indicate no further activity: ' 5. Location: Physical: 216 Rezanof Drive Legal: Portion of Lot 2 (2C), Block 19, Kodiak Townsite 6. Lot Size: 1,925 square feet 7. Existing Land Use: Single -Family Residential Case 89-029 Page 1 of 5 P&Z: May 17, 1989 ITEM VI -D 8. .Surrounding Land Use and Zoning: North: Tract G, U.S. Survey 444; Remainder of Lot 2, Block 19, Kodiak Townsite Use: Single-family residence Zoning: B --Business South: Rezanof Drive West East: Lot 1, Block 19, Kodiak Townsite Use: Business Zoning: B --Business West: Lots 3, 4, and 5A, Block 19, Kodiak Townsite Use: Parking, Multifamily Residential Zoning: B --Business 9. Comprehensive Plan: 10. Applicable Regulations: The 1968 Comprehensive Plan depicts this area for Central Business District development. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.57.020 Off-street parking—Number of spaces required. A. For each principal building or use within a principal building, there shall be no less than the number of off-street parking spaces specified under this section. 2. Buildings other than dwellings: m. Retail store or service shop: one parking space for each three hundred square feet of gross floor area; COASTAL MANAGEMENT APPLICABLE POLICIES Business Development 1. Natural Features ' Dredge and fill, excavation, shoreline alteration and disturbance of anadromous streams, tideflats and wetlands shall be minimized when constructing and operating port, harbor, dock, business and energy facilities - if permitted under applicable regulations. Consistent: Not applicable. This action does not involve alteration or disturbance of streams, tideflats, wetlands or the shoreline. Case 89-029 Page 2 of 5 P&Z: May 17, 1989 ITEM VI -D 2. Natural Setting, Views and Access Development shall be conducted in a manner that mitigates adverse impacts upon the Kodiak Archipelago, developers shall provide opportunities for public access to the shoreline and scenic views, to the extent feasible and prudent. Consistent: Not applicable. This property is not located along the shoreline. Dredge and Excavation Material Dredging and filling shall be consistent with ACMP Standards 6 AAC 80.040 (Coastal Development) and 6 AAC 80,110 (Mineral and Mining Processing). Dredge spoil may be utilized in shoreside landfills if permitted under applicable regulations for the purpose of creating usable waterfront land. Consistent: Not applicable. This action does not involve any dredging or filling. 4. Facility Design Developmenls in or over the water, such as piers, docks and protective structures shall be located, designed and maintained in a manner that prevents adverse Impacts upon water quality, fish, wildlife and vegetative resources and minimizes interruption of water circulation patterns, coastal processes and navigation. Consistent: Not applicable. This action does not involve development in or over the water. 5. Buffer Zones Buffer zones shall be established to the extent feasible and prudent, between business areas and major public transportation routes and between business development and adjacent, non -business properties in order to minimize conflicts between land uses. Consistent: Not applicable. This property is located in a long established business area. 6. Accessory Development Accessory development that does not require a shoreline location in order to carry out its support functions shall be sited away from the shoreline whenever there is a feasible and prudent inland alternative. this category includes parking, warehousing, open air storage, waste storage, treatment or storm runoff control facilities or utilities. Consistent: Not applicable. This activity does not involve accessory development. Case 89-029 Page 3 of 5 P&Z: May 17, 1989 ITEM VI -D 7. Wetlands Filling and drainage of water bodies, floodways, backshores or 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 drainage of water bodies. COMMENTS: The purpose of this request is to permit the conversion of an existing nonconforming residential structure to a business structure which can only provide one (1) off-street parking space to serve a requirement of two (2) off-street parking spaces. In order for the Commission to grant a variance, all of the following conditions must be satisfied: FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or Intended use of development, which generally do not apply to other properties in the same land use district. The unique physical conditions applicable to this lot are its odd shape and small size. This lot is part of a larger lot which was conveyed by metes and bounds into separate ownership. This structure is located in an older part of town which used to be primarily residential. The lots in this area were traditionally much smaller than the current code requires. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the development of at least two (2) off- street parking spaces which must egress the lot without backing over the sidewalk or into the arterial. This is a practical difficulty as there is not enough room for two (2) parking spaces which could provide enough turning radius for vehicles to turn around before heading onto Rezanof Drive West given the placement of the existing structures on the lot. 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. Granting of the variance will block the use of the existing drive for use of the single-family residence located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space is allowed to serve the proposed business, it Is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety. 4. The granting of the variance will not be contrary to the obiectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Central Business District Development. Case 89-029 Page 4 of 5 P&Z: May 17, 1989 ITEM VI -D 5. That actions of the applicant did not cause special conditions or financial hardship from which relief Is being sought by the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to conversion of the existing residential structure to a business structure. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Business structures and associated parking are permitted uses in the B --Business Zoning District. RECOMMENDATION: Staff finds that this request does not meet all the conditions necessary for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION: Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a request for a variance from Section 17.57.020M of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District on a Portion of Lot 2, Block 19, Kodiak Townsite. Staff recommends this motion be denied and the following motion made: Move to adopt the findings of fact contained in the staff report dated May 8, 1989 as "Findings of Fact" for this case. Case 89-029 Page 5 of 5 P&Z: May 17, 1989 +°i c t2 L HcP As 6NCR04c/JMGnAlr 5.34. 51 #E" —A/Or r0 0c4LF,— /6.06= EN 17 1 • 4/p cep sa.' -410150 sOr.tay • 0 r ?Pock nai/i» cont. ea/ /his 5urre y. G • *rail tater oaf /No egrrm • .• M lUIT. SI1IM 49TH0.v taiund .1104 ,.•. 110. IAIIAS s d thet AT Impartment. dea•red,$nron•re +h!In the ptepe.ry liner end do not ond•p et enero•ch on the property tying dissent than, the IA Impmremmu on p.oprt y 111n1 altered thnno •north en the peml•et In Tuition .nd ihn these we no rmd.g.. Rennet. don lines or other vUibl• moments on nld p.apeny nap: n InJI• flied henna. UtdIh v ; dy.f 3pG ;! Ip u[• Oar Aga ROY A. ECKLUN Reglrteted Lend Sunt Sulu /"a to yrc•e/ l Onwn by S.Austil:rrn,sn J Dia: /7 eM'4rr /.gee :•MM 'ZONING KEY - RESIDENTIAL R-1 RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED 12 `n Case 89-029 A Portion of Lot 2, Kodiak Townsite Patricia Jacobson R=325' El \T-OWNSITE _- PutILIC Oor AREp,. US SURVEY 444 T1 -G SS 1837- SM AIL BOAT HAhB87'- N N 41 NEW KODIAK N2?A P4 42. USS44 `';Tr.A TtC US S 2,537 ' 8 K TOWNSIT,,�--, KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be -held on Wednesday, May 17, 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 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code -to -permit -the conversion of an existing nonconforming residential - structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodak Townsito; 216 Rezanof Drive. (Patricia Jacobson) 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: ,,.rag 1 �`'�.. '4 "A"'" "tr2'n? Mailing Address: Your property decription: Comments: MAY g 1989 COMMUNITY DEVELOPMENT DEPT ZONING KEY RESIDENTIAL R -I 0 RESIDENTIAL R-2 0 RESIDENTIAL R-3 D RURAL RESIDENTIAL C BUSINESS INDUSTRIAL 0 CONSERVATION Q PUBLIC USE LANDS 0 WATERSHED 0 WNSITE _ ;1101 1 2 1 �[ !if "1'ni-7^�'1 :1 i t 9tiiYr�: v} i No: Case 89-029 A Portion of Lot 2, Block '�A'�' Kodiak Townsite R=325' Patricia Jacobson Fast a c N•fi. AREA US SURVEY 444 Tr SS 1837 -- USS -444 Tr .A Tr C USS 2537 8 „ ` ` K TOWNSITc KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 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 89-029. Request for a variance from Section 17.57.020M (00 -Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) 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: l«'rdlrr 7/ 4450,1 Melling Address ,Z?Ir-- 6"6-- 7 Your propertydecriippttlon: A9/593/42/94773° Comments://J-••_-+_ ,7ez- jt-aaa M �,�-cii, �/a 1c0 S27L e1 a- a AL S z Qily¢ ,& `7/a/kirei a.-tefe 1.1-t -- -/ DEQ ,, _G.,jos -er— S L. d,-r�!< -, zd-act. .Co ale /.l�Ga.s4-.c.s.P 42 .*41n<r-ZF 2 eZe 7/wt" at / GL ne �1,P o .ri /Jew- , /— X,2X-ei,,cv .G-C'-r.-.cr--moi r-,74, iz'.`"JitnN 4kr— -x-7. MAY 171989 COMMUNITY DEVELOPMENT D F.`P'T KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 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 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) 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 propsry 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: R1i i7 g Fla Y15 e J7 Mailing Address: »U U d X (6,R l ( Your property decrlptlon: ! o W n 5 ife ,{� r7 / d C h j q 1,-/7 4-5 i s g Oommenta: 7" a ni o/posec -Fel !in vran ce , P,2rl�iri9 15 a ifiyeadj cor 5egled /YI 4 -kits UrPa. .rtinri have yid -I -iced per5an5 par/)inJ In +Gtr ho`e.( pork Jo+ a nd +he h tool/zing -{-o the lob inues +70n, The ho+eI rOas re tiled +0 y,ave +litefqurnbey- a 9 c paces reiniied by lain Q r)d toe ha reasob 09- They should vrde parkin Fusomeone. Who has Or herrn 're/)14-ed 0 Variance . : n- n ,a u.. -'d -w-, iA i m t1 Bary o 3r MAY 1 6 1989 COMMUNITY DEVELOPM:NT K sir ZONING KEY RESIDENTIAL R-1 RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL 0 CONSERVATION 0 PUBLIC USE LANDS f WATERSHED 0 TOWNS ITE �aa:gr:X "Ctf y. 4.): Case 89-029 A Portion of Lot 2, Kodiak Townsite 5°? Patricia Jacobson 8I R=325' AR' S US SURVEY 444 Tr G or SS /837- US5444 Tr A TrC US 5 2537 K TOWNSIT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. me 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 89-029. Request far a variance from Section 17.57.020M (Off -Street Parking–Number of Spaces.Required).of the Borough Cade topermit-the conversion of an existing nonconforming residential — structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District, A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) 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 Indcats 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: Margaret Sutliff: :- Malang Address: 1 P. 0. If ox 3669 ,,./' Your propertydecrlptlon: Kodiak •Townsite Lot Ptn 2 Block 17 ; 2A & 28 Comment.: I ' Due to the critical parking in this area; the Borough _ should not grant a variance that would compound this problem., • ; parr. . r` i a e MAY 16 1989 COMMUNITY DEVELOPMENT DEPT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. The meeting will begin al 7:30 p.m. In the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, belore the Kodiak Island Borough Planning and Zoning Commissbn, to hear comments, if any, on the following request: Case 8 =029. Request for a variance from Section 17.57.020M (Off -Street Parking—Numberof Spaces-Required)_of the Borough Code to -permit -the conversion of en existing nonconforming residential — structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsfte; 216 Rezanof Drive. (Patricia Jacobson) ' If you do not the Community This notice is being any questions Your Name: • wish to testify verbally, you may provide your comments in the space below, or In a letter to Development Department prior to the meeting. sent to you because our records hugest, you are a property owner in the area of the request If you have about the request, please feel free to call us at 486-5736, extension 255. . Margaret Sutliff, . , - - MaMngAddres.: P.O. Box -,3669 ." Kodiak.,-AFV Your propertydecrlptlon: Comments:' Indf,ak. Tnwnsite Addn Lot 1 Block.19 , I Due to the critical parking in thsis area, the Borough should not grant a variance that would compound this problem.. r.. P4r4 `raltYfr-i to MAY 16 1989 COMMUNITY DEVELOPMENT C.FAT - KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 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 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required). of the Borough Code to permlt-theconverslon of an existing nonconforming residential — stnrcture which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsile; 216 Rezanof Drive. (Patricia Jacobson) 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 ind:eate 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. ' Norm Sutliff ._ Your Name: - - Mailing Address: P•O. Box. 3669 ' Kodiak, 'AV Your property dandelion: Ne* KOdiak .Subd Lots 2,3,4,5,6,&7 . Comments: Due to the'critical in this arca, ._. parking the Borough should not .grant a variance that would compound thiss problem. MAY 16 1989 COMMUNITY DEVELOPMENT rEPT KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 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, it any, on the following request: Case 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsita; 216 Rezanof Drive. (Patricia Jacobson) 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 Nome: cd- Ausi°if£/L Melling Address: SOX IZ-/i Your property decriptlon: K,A FTS Comments: QQ OPPOSED n✓Aet/Luce o ni &TOL/.tVas 7?4r /AR,c„vs j� 177s ,9 -t eA o y 4/4 -Ave Ate a 4£4 rev io ✓,.rfs . id-E/1Se . '/UO XO MC 44 K,A,B r71A,A•Uc£S r•+� r= .T. !era n4? Nn.= 0, int C MAY 8 1989 COMMUNITY DEVELOPMENT DEPT K ZONING KEY RESIDENTIAL R71 0 RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL ❑ CONSERVATION E PUBLIC USE LANDS 0 WATERSHED 0 0 roWNsiTE ;i Case 89-029 A Portion of Lot 2, Kodiak Townsite i' Patricia Jacobson R=325' 41100 ,�nW 4... ..ti1t.. ARIA . USSURVEY 444 T (, SS /837- SMAI L HAFTS N31 N41 NEW KID AK N A N42.. .�1 055444 Trq Tr C USS 2537 8, - K TOWNSIT 161 _arch Kodiak, Alaska 99615 May 16, 1989 Planning & Zoning Community Development Dept. Kodiak Island Borough 710 Mill Bay Rd. Kodiak, Ak. 99615 To Whom It May Concern: I am writing this letter in support of Pat Jacobson's variance request for parking. I feel her property, which is zoned business, should be allowed to be developed for that zoning. I believe such development would be an asset to the entire neighborhood. • Further, it is my understanding thett she would like tb have a small gift shop there which would have gifts, but also other items which tourists might need or desire (such as a hair brush, toothpaste, etc.) In catering to the walking public and mainly tourism, the parking area would, not have a negative impact on the downtown area. Parking.would be necessary only for the manager. Again, I really see a need for this sort of business enterprise downtown. I see the property as already being zoned business and I see, by the nature of the intended enterprise, no negligible impact on the town's parking problems. I urge you to act favorably on Ms. Jacobson's variance request. Sincer-ly Y, o1 Jshu RECEIVED MAY 1 71989 COMMUNITY DEVELOPMENT DFAT /C(d P#Z fJ1xm• ado. k' i/o (114.41 3 £ct. elqfriC teo;' 6 ¥ "nada, /7,9 RECEIVED MAY 15 1989 COMMUNITY DEVELOPMENT DEPT eat. �' OM, nom, h2�r<syL-�. `g— 1. fug`1Li! .d'� a'4 jOtcU Jibefr;u.L�- ''G2-` ``r C . LCt%1 eititt 44. Patricia Jacobson Box 1313 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486.5736 May 18, 1989 Re: Case 89-029. Request for a variance from Section 17.57.020M (Off - Street Parking --Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) Dear Ms. Jacobson: The Kodiak Island Borough Planning and Zoning Commission at their meeting on May 17, 1989, denied the request for the variance cited above. 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 days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal. Therefore, the Commission's decision will not be final and effective until ten days following the decision. The Commission also 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 unique physical conditions applicable to this lot are its odd shape and small size. This lot is part of a larger lot which was conveyed by metes and bounds into separate ownership. This structure is located in an older part of Kodiak Island Borough Patricia Jacobson May 18, 1989 Page Two town which used to be primarily residential. The lots in this area were traditionally much smaller than the current code requires. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the development of at least two (2) off-street parking spaces which must egress the lot without backing over the sidewalk or into the arterial. This is a practical difficulty as there is not enough room for two (2) parking spaces which could provide enough turning radius for vehicles to turn around before heading onto Rezanof Drive West given the placement of the existing structures on the lot. 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: Granting of the variance will block the use of the existing drive for use of the single-family residence located behind the subject lot. From the on-site visit, it appears that the use of the existing driveway for the residence behind the subject lot has been a traditional and ongoing use. In addition, even if only one space Is allowed to serve the proposed business, it is uncertain whether the patrons of the establishment can be compelled to turn their vehicles around before egressing onto Rezanof Drive West. Backing onto Rezanof Drive West would be detrimental to the public's safety. Kodiak Island Borough Patricia Jacobson May 18, 1989 Page Three 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for Central Business District Development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance, In this case, actions of the applicant have not caused the conditions from which relief is being sought by variance. The variance will be decided prior to conversion of the existing residential structure to a business structure. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Business structures and associated parking are permitted uses in the B -- Business Zoning District. If you have any questions about the action of the Commission, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department PERSONS TESTIFYING AT THE PUBLIC HEARING MAY 17, 1989 CASE 89-029 Patricia Jacobson Box 1313 Kodiak, Alaska 99615 s ADMINISTRATIVE OFFICES POST OFFICE DOA 1397, KODIAK, ALASKA 99615 May 30, 1989 Linda Freed, Director Community Development Department Kodiak Island Borough 710 Mill Bay Road Kodiak, Alaska 99615 TELEPHONE (907) 486-3224 FAX (907) 486-4009 RECEIVED MAY 3 01989 COMMUNITY DEVELOPMEN9 DEPT RE: Appeal of May 17, 1989, Commission decision on Case 89-029, Denying Request for Variance from KIB 17.57.020M - Off -Street Parking --Number of Spaces Required (Portion of Lot 2, Block 19, Kodiak Townsite, 216 Rezanof Drive West) Dear Linda: Patricia Jacobson has filed an appeal of the May 17 Kodiak Island Borough Planning and Zoning Commission decision deny- ing a variance from 17.57.020M - Off -Street Parking --Number of Spaces Required. Please prepare the record on appeal as required by Kodiak City Code 17.10.020(b). Sincerely, CITY OF KODIA Nancy E. J. es, SMC Deputy Cit Clerk cc: :City Manager Gordon J. Gould ';Mayor and Council Melvin M. Stephens, II, City Attorney Enc: Jacobson Appeal Box 1313 Kodiak, Alaska. 99615 May 25, 1989 City Clerk 710 Mill Bay Rd, Kodiak, Alaska 99615 . near City Clerk: I wish to file a notice of appeal of the decision of the Planning & Zoning Commission's Case 89-029. That decision was to deny my request for variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required). I feel my request is not contrary to the public interest and that denial of my request would deprive me, as property owner, of rights commonly enjoyed by owners of other properties in the same district. It is my understanding that I may file a written statement summarizing the facts and setting forth pertinent points and authorities in support of the allegations contained in the notice of appeal after the clerk has given notice of completion of the record" Sincerely, /4" -- Pat 2� - " 1. � � �� 'PAY CITYTY OF KOoIAK Patricia Jacobson Box 1313 Kodiak,- Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 May 11, 1989 Re: Case 69-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) Dear Ms. Jacobson: 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, May 10, 1989. If you have any questions or comments, please contact the Community Development Department. Sincerely, Patricia Miley, Secretary Community Development Department enclosures Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 N�' R1340190100 KINNtA, R9LAKE E KATHRYN P.D. BOX 2743 KODIAK AK 99615 Iv ilk% ' �2. J. fr • i,•J ' s • �: tl 1 s-•',� t r 1:a�:i1 e . 11/4/66.37'C 9.Otr DETAIL 140/• 1/2 ENcRc lcifMANr - j¢, 5/.E lj/of f0 5col - /b. b6' 9e 9olt 03> ace —Co - DerAIj. S, L.EGNb cep S a/ 'his surto .y • e = /gawk rel/in cont. eel 4rnr 5urva y. 9 7 6/e"der. reber ea, lbs eurvd • r • • • . • .• • g1�.i SUS • s • Vit' "• z *+ :• Ij ?..4•14 ofead-anitir til e. tit 9i• .oy A. Ecklund /f a� Ha 16330.5 .• y"` I e ••. ION• *••SOQ f`1 p20.;;;SALr.2): •• ‘10•1•.dT9.d•o 1 herds testify that I have turveycd the following daubed propetyr 7 7prsion ore /oat a?j block /9/ /lass.& ie/arn s a y k ..eirre y, //• 5.5arrc y 2530-01 25 :bed /is bk 4/ •:. 6 e .d.;. dead and that the improvements altuatedthereon at wUhln the property lines and do not overlap or encroach on the property lying adjacent thereto, that pill improvements on property lying adjacent (hereto encroach on the premises In question and that there are no roadways. eranamis- sion line or other viafbie eaacmrnts an old property eacrpt as cued hereon. Dated this moi✓ 7;day ROY A, ECK LUND Registered Land Survey Scale: l"r to ilea ]Drawn by:t.4as/crmen Date: /7 ober /see Patricia Jacobson Box 1313 Kodiak, Alaska 99615 Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 May 3, 1989 Re: Case 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off -street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) Dear Ms. Jacobson: 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 May 17, 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, May 10, 1989, 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 Miley, Secretary Community Development Department KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 ITEM VI -D PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, May 17, 1989. The meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 M111 Bay Road, Kodiak, Alaska, before the Kodiak Island Borough Planning and Zoning Commission, to hear comments, 0 any, on the following request: Case 89-029. Request for a variance from Section 17.57.020M (Off -Street Parking—Number of Spaces Required) of the Borough Code to permit the conversion of an existing nonconforming residential structure which has only one (1) off-street parking space to a business structure that has a requirement of two (2) off-street parking spaces in a B --Business Zoning District. A Portion of Lot 2, Block 19, Kodiak Townsite; 216 Rezanof Drive. (Patricia Jacobson) 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. 1f you have any questions about the request, please feel free to call us at 466-5736, extension 255. Your Name: Mailing Address: Your property decriptlon: Comments: ZONING KEY RESIDENTIAL R-1 0 RESIDENTIAL R-2 0 RESIDENTIAL R-3, 0 RURAL RESIDENTIAL'" BUSINESS INDUSTRIAL 0 CONSERVATION 0 PUBLIC USE LANDS El WATERSHED Eli 0 0 roWNSITE lx ti 5 �� j - y: 2i7l v^4�v .'151'L'NaYwtiJ7•�Il�- � n Case 89-029 A Portion of Lot 2, Block Kodiak Townsite Patricia Jacobson in±1:. ;gFrj;� RFS &mac No'rsc AaEq. US SURVEY 444 Tr G SS 1837. NN 43; NEW K O D I A K7�►�NeA .��rju4► i:��.'• aye .►..'.''! =- 4 US -1-44 4 . TrA • .TrC USS 2537 K TOWNSiT,E HAiNSEN,J 'fl'/EN E LIBBY L P.O. BOX 482 6 KODIAK 4 5 • a 9 10 13 14 15 16 17 1° 19 20 21 22 24 25 26 22 30 31 32 33 34 35 6 n 39 <0 d1 42 33 d5 <6 43 51 2 53 4 55 56 n 58 59 60 AK X15 R1340140110 MILLER,JAMES M & MARGARET 210 HILLCREST KODIAK AK 99615 R1340140130 PEARSON,JAMES S GENENEIVA OWEN HANS P.Q. BOX 669 KODIAK AK 99615 ELKS CLUB 131772 P.O. BOX 346 KOQ,IAK 0 9 0 WELBORN,RUSSELL 1 218 SHELIKOFF ST { a___J(QflDI K AK 99615 u a R1220030080 5 6 n 17 I " i RI3401ti0140_' AK 99615 R1340170010 KIM,JUNG E YUN,SUNG P..0. BOX 769 KODIAK AK 99615 rTh 20 z1 z2 23 29 5 6 2 a8 29 30 31 32 33 3d 35 36 2 30 9 ec 41 8122.003009.0 ERIKSSON,L REVOC TRUST 8060 JPPER O'MALLEY RD F AK 9951.6 R1220030100 DICK,GLENN C E V BETH P.D. BOX 2182 KODIAK AK 99615 R1220040001 O'KRAFT E SON,INC P.Q. BOX 1217 KODIAK AK 99615 R1340170021 0.1-1 c41' -Z. SUTLIFF,MARGARET P.O. BOX 3669 KODIAK AK 99615 3 Sus R1340170022 SUTLIFF,M P.O. BO• KODI •' i,ARET 3669 AK 99615 R1340170023 SUTLIF ,MARGARET P.0 BOX 3669 s€ 11T AK 0041 6 R1340170030 6 9 0 1 2 4 5 6 7 9 9 20 21 22 23 24 25 26 21 20 29 30 31 32 ti 33 34 35 36 37 38 39 40 41 42 43 44 ✓ 45 46 41 43 JOHNSTON,. JAY T 1417 MILL BAY' RD • KODIAK r AK 99615 R7 34)1.130041 JOHNSTON. JAY THOMAS P.O. BOX 2942 K 1aDIAC A K 99 61 5 R 1.34_ LZOE ANDERSON, JAMES E SOPHIE 101 NATALIA _am"' AK AK 99615 81340170050 SHOLL,CECIL E PHYLLIS P.O. BOX 681 KODIAK AK 99615 29 30 31 n 32 33 34 36 37 n 38 39 40 x141 42 43 _ fl 44 45 46 Q47 4 9 RI, 40070001 P.:0. BOX ':788 KOOIAK AK• 99615 R1380070002. RUSSIAN ORTHODOX CHURCH P.O. BOX 55 KODIAK AK 99615 R1340140060 HANSEN,J STEVEN E LIBBY. L '. P.O. BOX 1482`" KODIAK AK 99615; R1340160041 DEVEAU BUILDING COMPANY P.O. BOX 2487 KODIAK AK 99615- R1340160042. 44 HUBLEY'WILLIAM E SIDNEY 50 P.O. BOX 966 51 KODIAK AK 99615 52 5 s 5 se 5 R1340160043 HUBLEY•ARCHIE 59 P.O.BOX 966 66 KO DI AK AK Qa¢15- 6 R1 i160044 i 2 9 0 2 3 4 6 n 10 9 20 2 23 4 25 26 27 20 29 HUBLEY,ISAAC P.O. BOX 966 KODIAK AK 99615 R1340190010 SUTL.IFFeM GAR ET P.O. 80 3669 KODI A AK 99615 R1340190022 JACOBSON, PATRICIA ANN P.O. BOX 1313 KODIAK AK 99615 R1340190023 30 32 34 35 36 37 38 40 ' ; 41 42 43 44 4 26 47 48 49 50 51 52 53 54 57 s3 59 60 WADDELLIRICHARD E ESTHER P.O. BOX 2808 KODIAK AK 99615 WADDELL,RICH• P.O. BOX :,8 KODIAK 1340190024 & ESTHER AK 99615 R1340190031 UGANIK,INC .WESTMARK HOTELS INC 300 ELLIOTT AVENUE WEST SEATTLE WA 98119 R1.340190032. UGANIK„INC WESTMARK OTELS INC 300 E IOTT AVENUE WEST SE •` LE WA 98119 P1 1.4111 onfSn UGANIK,INC WESTMARK TELS INC c inn ELL T TT AVENUE WFST i 2 6 2 e 9 0 2 3 14 5 16 17 w 19 2 2 2 2 SEATTLE WA 98119 15 2 2 2 R1340190050 HUNT,ROBERT H P.D. BOX 2924 KODIAK AK 99615 R134n1 911,069 H.SKI.NNERI'ARLEN.E.ACI-IERNOFF)'; P. 0X 2280 — K0D-IAK AK 99 15' 29 30 31 3 3 3 3 3 3 3 39 40 al 42 43 44 45 46 47 46 49 50 R1 14111 90070 HANSEN/ARNOLD E RUTH P.O. BOX 663 KnDTAK AK 99615 51 52 53 54 55 R1940190fRn HANSEN/A OLD E RUTH P.Q. B 663 KODI AK 99615 R1340190091 HANSEN/RALPH P.0. BOX 254 KODIAK AK 99615 R1340190092 SUENDER,RIKA P.D. BOX 134 KODIAK AK 99615 57 se s9 60 R1?49190100 KINNEAR/BLAKE E. KATH P.D. BOX 2743 unnTOK AK 99615 • 6 6 7 a 9 la R1340190111 UGANIK ip INC WESTMARK TELS INC 300 E OTT AVENUE WEST SEAT E WA 98119 . . 11 1 3 , R1340190130 3 tJGANL(,I?3V . 4 . WESTMA HOTELS INC .r 5 300 EfrCIOTT AVENUE WEST . . . 4 SEAT E WA 98119 1 7 , 18 19 20 • 1 R1340190151 , 2 'GREGOR YIJOYC E K - , 3 ' PO. BOX 104 --KODI A K 'AK 99615 . . . - 35 26 7 28 29 . . , . 30 R1340191019 ' UGANIK ir 32 WESTMA HOTELS INC . 33 300 LIOTT AVENUE WEST ' 34 SEA LE WA 98119 . 36 , V , 38 39 R1220020040 . " DEVEAU BLDG CO 1 P.D. BOX 2487 47 KODIAK AK 99615 43 44 ' 45 . 46 V 48 R1220030010 " MANNtJACK E E DIANE P.O. BOX 245 51 KODIAK AK 9961552 . - , .. , , „ _ ,. .. •:•••__•• €-€_ - „,,. .. 54• ,. , - 5 5 56 57 R1220030040 54 SUT FF, NORMAN 55 P a, Os BOX 3669- 60 KODIAK ___ _ AK 99615 _ZONING KEY RESIDENTIAL RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL . BUSINESS INDUSTRIAL CONSERVATION PUBLIC USE LANDS WATERSHED oWNsITE i• OS Case 89-029 A Portion of Lot 2, Block Kodiak Townsite Patricia Jacobson R=325' n Pu files c TICS • AREA. US SURVEY 444. Tr G N S /837. • N 31 N 41 NEW KODIAK N 2?q 42 USS_ 44 Tr _4 ..:TrC' US'S�2537 8 :.. _``.K TOWNSITr- 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 (My dollars ($50.00), except as otherwlse noted. Conditional Use Permits, Exceptions, and Variance applications also require the submission of a site plan. Q Applicant Information Property owner's name: PLL%LL tU ,_- ,%6Se2n Property owner's mailing address: 6X /3/ 3 City: hif ler,/ State: f1l�s/:�L Zip: 99 ,' � Home phone: 2110.299/ Work phone: tt6' 3/3/ If applicable, Agent's name: Agent's mailing address: City: State: Zip: . Home phone: Work phone: /�// /- Property Information Legal Description: 4 htG/? &Oft sive %t MW 2 ,6Lk Pg Present use of property: ' dw�i� -n1 (t — # (- IJtA.Da..a . is . ltiO—c -Qwvw woo_ c� 6 =/ saw .Q.1— Proposed use of property: - .t✓S. - ere-- -cc's-16mo_' Z.4G R.e..k' 'Yt-04-e-. ti.)(A id e ww, ay.�. _ (:),nr0e , 6429- S 4-tom1- ,4" V a, l 1 NrctiAsk +0 per. Applicant C rtification 1, the applicant/authorized agent, have been advised of the procedures Involved with thls request and have recieved a copy of the appropriate regulations. Authorized Agent's Signature Date Prope.ffr Owner's Signature Date STAFF USE ONLY Code Section(s) involved: / ?---: C 010 411 . Conditional Use Permit Exception 3e, Variance tical Title 18 Review Other (e.g., appearance requests, etc.) non -fee Items Zoning chs ge from / to Application accepted: �Uza - 7 �T �5 Staff signature ate accepted CASH RECEIPT Kodiak Island Boroupyi 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHON(907) 106-5736 R FROMD' 4°Leo"r)\'\ -000-101-10-00 010-000-105-01 -00 010-000-105-06-00 010-000-111-61-00 010-000-107- -00 040-000-371 -11 -00 040-000-371-12-00 010-000-368-51 -00 010-000-322-11-00 010-000-319-10-00 / 010-000-199-99-00 CASH PROPERTY TAX, REAL PROPERTY TAX, PERSONAL PROPERTY TAX, LIENS PERSONAL TAX, LIENS LAND SALE, PRINCIPAL LAND SALE, INTEREST SALE OF COPIES BUILDING PERMIT PENALTIES, INTEREST CLEARING PER ATTACHED 14859 DATE k� \ 196 CONDITIONS OF CHECK PAYMENTS TOTAL , PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE TO THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER TO ANY CHARGES, FHS OR OTHER LEGAL UABRRIES AS MAY BE APPLEi :,_,...,,. CASH iVC> El OTHER PAYMENT MADE BY: CASHIER 0E PAYOR FMB6511BI8