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KODIAK TWNST BK 19 LT 16 - VarianceBUILDING DEPARTMENT — CITY / BOROUGH OF KODIAK : _ -.Applicant to fill in between heavy lines. CLASS OF WORK BUILDING ADDRESS f 7 .-!..�i�� • LOCALITY 14'1 NEW. DEMOLISH ALTERATION REPAIR NEAREST CROSS ST. „? ADDITION MOVE USE OF BUILDING • cc z 0 NAME M' �' t� rS'"ri 1 ,. MAIL ADDi7T S CITY 444 /4-711e �i1•� � t " TE N0. SIZE OF BUILDING34, I/36. HEIGHT._? NO. OF ROOMS NO. OF FLOORS NO. OF BUILDINGS APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY' BUILDING PERMIT NO. 3s VALUATION NAME NO. OF BUILDINGS NOW ON LOT Abase/ NO. OF FAMILIEV,,%4J ADDRESS ' ' CITY SIZE OF LOT USE OF BLDG. NOW ON LOT ,t'/r. 1 SPECIFICATIONS STATE LICENSE NO. FOUNDATION 0 1- U 0 U MATERIAL EXTERIOR, PIERS WIDTH OF TOP ADDRESS • CITY „,1 ' A iG>%l WI DTH OF BOTTOM DEPTH IN GROUND 4' R.W. PLATE (SILL) STATE LICENSE NOg %6 SPA.. SPAN -J z 0. a N' W SUBDIVISION GIRDERS .LOT NO. BLK. /91 RITE BELO THIS LINE . Type of Construction 1, 11, 111, IV.,_V..'VI.�f' 2. Occupancy Group A, B, C, D, E; F, G, H, I, J Div. 1, 2 3. Fire Zone 1 2 3.4 JOIST 1st. FL. JOIST 2nd. FL. JOIST CEILING EXTERIOR STUDS . • INTERIOR STUDS ROOF RAFTERS BEARING WALLS "94 1//� 1' dC /3/ /3/ EXTERIOR WALLS INTERIOR WALLS 3)4.p. REROOFING'' FLUES FIREPLACE • FL. FURNACE f KITCHEN WATER HEATER ' FURNACE •GAS 2 hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulating b ildin constr ction. Applicant! BUILDING FOUNDATION FRAME PLASTER FLUES FINAL 3I DATE ISSUED BLDG. FEE ROUGH, SEPTIC TANK SEWER GAS FINISH / `%I/✓© /-9,c04-/ 9 .Sf.�9ll�s ROUGH FINISH FIXTURES MOTORS FINAL STREET • PLANNING & ZON Approved: CHIEF BUILDING OFF CAL By. /7 .LSU /7./. 63-U /7..G ZONING DISTRICT ' TYPE OF OCCUPANCY NUMBER OF STORIIES/ TOTAL(T. AREA OF LOT ,, 7/K/ 4,/40, FRONT YARD SETBACK FROM(PROP. LINE SIDE YARD SETBACK FROM PROP. LINE Z. REAR YARD / '. r •• Approved: ZONING ADMINISTRATOR' //�� KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK LIST Case File No. Assigned g4-/3(0 Date Application Received /-)-/A./&.�l _/.. ' Type of Application ua,ricuttot_ Date Site Plan Received //Z.D-/Vt Date Fee Paid 11,.;/;3.-0 Amount epReceipt Number 56,3/ Person Accepting Appl. Use Z for Zoning, Variances and Exceptions CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases �x� �e�'�c emwd.x � � Name of Applicant 4.061/1/1_(t.4.0614.061/1/1_(t.,1�u_' 6/o/ �. / �1/1/Kl 0)Y/ Mailing Address P1). 66711, -75 Name of Legal Owner Mailing Address Legal description of Property: Lot(s) Block Phone Phone - leo-3121 (eliz(-49 SubdiYision��r,'z ^ ���� ^��� Square Footage or Acreage of Property is ^+'� P & Z Public Hearing Date / ' /6p/46 Public Notices Mailed on How Many? �L �� Applicant Notified of P & Z Action on ///ii/kg- Date /'~/u- q5 Datg Date Action Summary Approved Denied P & Z Assembly Ordinance No. Date Tabled Date Date 1st Reading 2nd Reading Ordinance Effective Date David W. Thompson Box 75 Kodiak, Alaska 99615 Re: Case 84-136 Dear Mr. Thompson: Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 486-5736 January 10, 1986 On January 16, 1985 you were granted a variance -by the Planning and Zoning Commission to allow a new single-family residence to encroach seven (7) feet into the required front yard setback. A recent review of all variance files found that zoning compliance to allow your residence to encroach into the required setback has not yet been issued. This zoning compliance is required by Section 17.03.060 of the Borough Code. The building permit issued for construction of your residence (Permit 5338, issued November 20, 1984) specified a twenty-five (25) foot front yard setback. In order to complete our file on Case 84-136 and to eliminate any future confusion, I am enclosing an application for zoning compliance. Please sign this form on the applicant line, keep the white copy for your records and return the form to this office. There'is no fee for zoning compliance. If you have any questions on this matter, please do not hesitate to contact me. Thank you for your cooperation. • Robert H. Pederson, Assistant Planner Community Development Department Case 84-136 Mr. David W. Thompson P.O. Box 75 Kodiak, AK 99615 Dear Dave: Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615.1246 PHONE (907) 486-5736 January 17, 1985 Re: Case 84-136. Request for a variance from Section 17.19.040(A) (Front Yards) to permit the construction of a single-family home that encroaches 7 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. Planning-7and=Zoningl-Commission _ at: their=January_LI6-, 71 9.85Tf-dgt1at ,fmeetingf_approvedIaLvariance, to permit the construction of a single-family residence that will encroach seven (7) feet into the required twenty-five (25) foot front yard setback. The seven foot variance the commission granted is one additional foot more than your revised request. This is due to the fact that the structure's length and the required front.and rear yard setbacks exceed the 72 foot lot's length (see attached drawing). This decision becomes final ten (10) days subsequent to the Commission's decision and is valid for a period of one (1) year. Should you have any questions, please call me at 486-5736 extension 258. BC/pm cc: City Clerk ,4rdse 84-136 Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT 41(22K1/ Bud Cassidy, A istant Planner/ Zoning Officer Discussion followed concernin---'`e term of the lease. COMMISSIONER PATTERSON MOVED __ .MEND THE MOTION RESOLUTION to include. a statement that if the lease is not executed within one year it shall be reviewed again by the Planning and Zoning Commission prior to execution. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER GREGG called for a roll call vote on the main motion as amended. The motion CARRIED by unanimous roll call vote. FINDINGS OF FACT were delineated as follows: 1. The Commission does not feel that this use will interfere with the long-range planning of the hospital; 2. The term of the lease is for a five-year period but that a commitment of six years would not interfere with the hospital's long range planning. The lease is subject to review at the end of the five-year period; and 3. There was no -objection voiced by the aviation community. COMMISSIONER HILL MOVED TO ADOPT THE FINDING OF FACTS. The motion was seconded and CARRIED by unanimous voice vote. I C) CASE 84-136.-1Raquest for a variance from Section -17.19.0400:)(Front Yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16. Block 19. Kodiak Townaita Alaska Subdivision. LINDA FREED indicated additional information: a public hearing notice from Ruth Hansen; and a correction with a site plan from the staff (the encroachment is only 6 feet. but due to a mathematical error -on the site plan. the variance ought to be granted for 7 feet). Regular Session Closed. Public Hearing Opened: KATHRYN KINNEAR indicated she did not necessarily object to the variance for the front setback requirement but that she did object to the apptoacb taken in this matter concerning the road. Ma. Kinnear also expressed concern about the density of this area and development of this portion of the hill. COMMISSIONER GREGG suggested Ms. Kinnear talk to the City of Kodiak and Mr. Thompson 'concerning the road. MIKE ARNDT. general contractor for Mr. Thompson. indicated that the road project was not completed at this time but that all measures were taken to work with the people affected in the neighborhood and that in putting the road through the area all equipment. etc., remained within the boundaries of the easement granted by the City of Kodiak. JIM RIPPEY, general contractor for Mr. Thompson. indicated that Mr. Thompson wants room for.ons car to get to his lot and a turn -around area. The excavation done has been taken down to bedrock and there ought to be no sloughage. Public Hearing Closed. Regular Session Opened: COMMISSIONER PATTERSON asked what variance was granted to the Kinnears on their setback. Mr. Rippay indicated,it was 17 feet in 1978. COMMISSIONER PATTERSON indicated that he had been to the site after the recent heavy rains and that he did not notice any sloughage problems and that the 7 foot setback seemed reasonable for the area. COMMISSIONER RENNELL agreed with Mr. Patterson. P & Z Regular Meeting -4-- January 16, 1984 far away the hospital is from site. Mr. Glynn indicated several hundred feet and wall w the horizontal plane of the transmitting antenna that he i. -..tending to put on the tower. COMMISSIONER GREGG asked if the FCC license is contingent on the lease. Mr. Glynn indicated that it was not but that he needed a site for an application for a construction permit. COMMISSIONER GREGG indicated that the hospital would have a master plan drawn up by July or August of 1985 that would outline the hospital's use of the property through the end of the century and if Mr. Glynn's plans could proceed with an alternative site. Mr. Glynn indicated that his alternative would be a very poor second and prefers to use this particular site. COMMISSIONER KNIGHT asked if at the end of the five-year lease the tower might be disassembled. Mr. Glynn indicated that he hoped not but that there was that possibility. COMMISSIONER KNIGHT asked if Mr. Glynn would go ahead with the investment for the tower with that condition. Mr. Glynn indicated he would. COMMISSIONER KNIGHT asked if the hospital's master plan would be completed by July. LINDA FREED indicated that was the hospital's intent as stated in their letter. COMMISSIONER MIGHT indicated that even with the master plan he doubted a helicopter pad would be constructed in three years and asked if the hospital had a timeframs.or a definite goal. LINDA FREED indicated that in terms of what the Hospital Advisory Board has provided, "no," but that at a meeting in two weeks time the Borough Assembly will be talking with the City of Kodiak about a site for a helicopter pad that is not on the hospital property. Whether the Hospital Advisory Board is involved in those discussions, Ms. Freed did not know; it may be that two different agencies are looking at two different sites. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL indicated that he saw no interference between the proposed helicopter pad and the radio antenna. COMMISSIONER PATTERSON concurred with'Mt. Hill and felt that if the hospital needed the land at the end of the five year period the lease could be either reviewed or renegotiated at that time. COMMISSIONER GREGG stated that he tended to agree and that five years was a reaadnable period of time. COMMISSIONER RENNELL asked staff if this lease had been turned down by the Borough Assembly. LINDA FREED indicated that a letter of request went to the Borough Assembly, it was approved at one meeting and it was rejected at the next. In the interim staff had indicated to Mr. Glynn that there were some Planning and Zoning approvals that he would need to get prior to the Assembly's accepting the lease. Mr. Glynn chose to continue with the Planning and Zoning Commission process. COMMISSIONER RENNELL asked what will happen if this is passed. LINDA FREED indicated that this will be forwarded to the Borough Assembly with the Planning and Zoning Commission's recommendation attached. COMMISSIONER RENNELL asked if the Borough Assembly would then decide to reconsider or reject the resolution. LINDA FREED - indicated that the Borough Assembly would -then have a Planning and Zoning Commission recommendation in addition to the request letter from Mr. Glynn and the otherinformation provided by the Borough Manager at the Assembly's request. COMMISSIONER• HILL MOVED TO APPROVE A VARIANCE from Section 17.33.060 (Building Height Limit), a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) and a request for a lease of -Borough land in accordance with Section 18.040.020(A) to permit a 150 foot high radio transmitter in the PL -Public Use Lands District. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO APPROVE A RESOLUTION recommending the Borough -Assembly lease a portion of Lot 2, Block 1. Hospital Subdivision as proposed by staff•. The motion was seconded-. P 6 Z Regular Meeting -3- January 16, 1984 COMMISSIONER HILL' MOVED TO GEr--"LA VARIANCE from Section 17.19.040(A)(Front-Yards)-ton 'it -the construction of a single-family home that encroaches 7 feet into the required 25 foot front yard setback. Lot 16. Block19, Kodiak Townaite:___. Alaska Subdivision. 311_Hillcreat._;Tha-motion was seconded sad'. CAP TED-by'unanimous roll call vote. r- ---------- D) CASE 84-137. Bequest for a variance from Section 17.19.030(A)(Area Requirements) to permit the shifting of a lot line that will cause the area of a lot to fall 306 square feet below the 7200 square foot requirement. Lot 3, Block 2. Elderberry Heights Subdivision 1st Addition, 514 Mozart Circle. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON, one of the property owners, expressed his desire to shift the property line because he would gain usable property space even though he would. be losing square footage. COMMISSIONER GREGG asked where Mr. Cannon's driveway would be in relation to this new property line. Mr. Johnson indicated it would be as'far over to the right as possible as one looks up the cul-de-sac. Mr. Johnson indicated he and Mr. Cannon have been operating under a "gentlemen's agreement" and that now they would like the agreement formalized. PAT CANNON. one of the property owners. expressed his desire to shift the property line so that he will have a parking area and Mr. Johnson will have more usable space.' Public Hearing Closed. Regular Session Opened: COMMISSION JAMES expressed his belief that the proposed lot line would be more radial to the cul-de-sac than the original lot line plus it would be more to the contours of the land. COMMISSIONER RENNELL MOVED TO APPROVE A REQUEST FOR A VARIANCE from Section 17.19.030(A)(Area Requirements) to permit the shifting of a lot line that will cause the area of a lot to fall 306 square feet below the 7200 square foot requirement. Lot 3, Block 2, Elderberry Heights Subdivision lst Addition, 514 Mozart Circle. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSION GREGG called for a ten-minute break. The meeting recessed at 8:50 p.m. and reconvened at 9:00 p.m. E) CASE 84-138. Request for a variance from Section 17.36.040(A). (Non -Conforming Structures) .and Section 17.19.040(B) (Side Yards) to permit a 24 x 48 foot two-story addition onto the rear of a non -conforming structure that encroaches 1.4 feet into the 6.8 foot side yard setback. Lot 7, Block 7, Aleutian Homes Subdivision, 413 Cedar Street. LINDA FREED indicated additional information: a second letter from David Shrader and a revised motion from staff. Also, Toby Cook on behalf of Mr. Wayne Sewell has requested that this application be withdrawn. Staff did talk to Mr. Sewell and this withdrawal was confirmed. COMMISSIONER PATTERSON requested to be excused for a possible conflict of interest. COMMISSIONER GREGG excused Mr. Patterson. Regular Session Closed. Public Hearing Opened: BARB MONRIEWICZ, representing Dave Shrader, expressed Mr. Shrader's interest in having both letters read into the public record and reiterated that Mr. Shrader invested in excess of $10,000 in improvements onto his house to reorient his house to take advantage of the view at the rear of his property. Mr. Shrader feels that two of the conditions listed in staff's memo of January 8, 1985 have not been met, but since the request has P & Z Regular Meeting -5- January 16. 1984 been withdrawn, suffice it to sr --=,'oat lir. Shrader is vehemently opposed to the granting of this( 'Lance. Public Hsaring_Closed. Regular Session Opened: COMMISSIONER HILL asked staff if a public hearing notice was received from the neighbor to the west. BUD CASSIDY answered that no answer vas received. LINDA FREED indicated that Mr. Shrader felt that Cubbedgee would be sending in their public hearing notice but that staff had not received anything either verbally or in writing at this time. COMMISSIONER GREGG indicated that since the cage had been withdrawn, no action need be taken. CASE 84-139. Request for variance from Section 17.57.030 (Off -Street Parking -Location) to permit restaurant parking on an adjacent lot that is zoned Conservation. Legally described as a portion of U.S. Survey 1396 and generally located behind Lot 12. Block 1. Allman Subdivision, 1233 Mill Bay Road. LINDA FREED indicated three items of additional information: a copy of the easement granted to Mr. Henley by Mr. Len Grothe; a copy of a public hearing notice from Mr. Grothe; and a memo from staff clarifying one of the recommended conditions. Regular Session Closed. Public Hearing Opened: DAVID HENLEY indicated he had nothing to add to his application but was available to answer questions. COMMISSIONER JAMES asked if Mr. Henley had read the three con- ditions from staff.and if there was any problem with number 2 that the bueinese_acquire additional legal and practical access. Mr. Henley indicated he thought the meaning to be to utilize the space alongside .the building for access to the property in question. relocating space currently utilized for parking by occupants of the,downstairs apartment. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL commented on staff's. recommendation concerning the right turn only sign at the exit on to Mill Bay Road. Mr. Hill indicated he felt there was no problem in making a right or left turn from this property. BUD CASSIDY indicated that the traffic that exiate on Mill Bay Road especially during lunchtime causes undue delay, and as businesses grow in this area it becomes a long range planning concern. COMMISSIONER HILL felt there was no justification for this requirement. COMMISSIONER RENNELL disagreed. COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.57.030 (Off -Street Parking -Location) to permit restaurant parking on an adjacent lot that ie zoned Conservation. Legally described as a portion of U.S. Survey 1396 and generally located behind Lot 12. Block 1, Allman Subdivision. 1233 Mill Bay Road, with the conditions listed in the staff memos of January 8 and 16, 1985. The motion vas seconded and CARRIED by majority roll call vote. COMMISSIONER HILL dissented as he felt the right turn only sign ought not be required. G) CASE 84-140. Request for a variance from Section 17.36.070(C) (Repairs and Maintenance) to permit a larger kitchen addition (10 x 28) than was recently approved by the Commission (10 x 25) to a non -conforming structure. Regular Session Closed. Public Hearing Opened: There vas no public testimony. Public Hearing Closed. P 6 Z Regular Meeting -6- January 16, 1984 KODIAK ISLAND BOROUGH Item VI -C DATE: January 16, 1985 TO: Planning and Zoning Commission FROM: Community Development DepartmenlLi?d. SUBJ: Additional information for the January 16, 1985 Regular Meeting RE: Case 84-136 Request for a variance from Section 17.19.040(A) (Front Yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. (David. W. Thompson) Mr. Thompson has been contacted and his contractor.submitted a site plan showing how the, house will be situated on the lot. Because of this additional information,the request should be amended to read: the building would encroach six (6) feet into the required twenty-five (25) foot front yard setback. Staff's recommendation remains the same. pm 6/4e-ok UltteREST KODIAK ISLAND BOROUGH. ('t -unity Development Department 710 Mill Bay Road Kodiak, Alaska 99615 PUBLIC HEARING NOTIC NOTICE DATE: January 3, 1985' CASE NUMBER: 84-136 An application for a variance was filed with the Kodiak Island Borough Community DevelopmentDepartment by: David W. Thompson The application requests: a variance from Section 17.19.040(A)(Front Yards) to. permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska - -SdiYisio, 3UHillet-Aflu - The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regular meeting -at 7:30 p.m. on Wednesday, January 16, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commisgion_011 alsoreview all itemeon their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. meeting is open to the public. You Are 'being notified -because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the -request at this time, and you are invited to appear before the Commission to express your'opinion. If you cannot attend this PUBLIC HEARING and Wish to comment on the request, fill in the bottom of this notice and return it to the Community.Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this forni. If you have any questions on this matter,' please feel free to call our office, the Community Development Department, at 486-5736. YOUR NAME: . ADDRESS: 6, 80144,ky 71- ata -de, 1 c/ (1241- 41.194Lt2L, YOUR PROPERTY DESCRIPTION: COMMENTS: Kodiak Isknd 6ot-oz./nil cv v - ng,,,,,...,.. JAM /985 ii ,c.,.;'. t/up ( b i k, sk )74 CP.21-81L13 .1„A!.,1 1 •1 AM PM 7I10110111,11112!.P141171, , 4 0 1. Case1,ot 16 s ods 9 3Ubd. 325 4'136 Y'odlak T 1 VOID, lot, 5 edge. 9 KODIAK 1TE US SURVEY Tr G TR 15 1837 USS USS M 31 5 January 10, 1985 David W. Thompson P.O. Box 75 • Kodiak, AK 99615 Kodiak Island Borough P.O. BOX 1246 KODIAK, ALASKA 99615-1246 PHONE (907) 486-5736 Re: Case 84-136 Dear Mr. Thompson: Enclosed please find one copy of the staff report prepared for your application for a variance. These materials were considered by the Planning and Zoning Commission at their packet review work session held on January 9, 1985. Sincerely, • 'vtwLA, 11/1"l l Patricia Miley Planning Secretary pm enclosures t KODIAK ISLAND BOROUGH MEMORANDUM DATE: January 8, 1985 TO: Planning and Zoning Commission FROM: Community Development Departmen SUBJ: Information for the January 16, t 1985 Regular Meeting ITEM VI(C) RE: CASE 84-136. Request for a variance from Section 17.19.040(A) (Front Yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 -foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision, 311 Hillcrest Avenue. (David W. Thompson) Forty-five (45) public hearing notices were mailed on January 3, 1985. 1. Applicant: David W. Thompson, P.O. Box 75, Kodiak, AK 99615. 2. Land Owner: Same as above. . Request: A variance from Section 17.19.040(A) (Front Yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 -foot front yard setback. 4. Purpose: To allow the construction of a home that encroaches 19 feet into the required 25 -foot front yard setback. 5. Existing Zoning: R2 -Two -Family Residential. 6. Zoning History: The 1968 Comprehensive Plan designates the zoning of this lot as "Residential -R2." Departmental files show no additional Commission activity. 7. Location: 311 Hillcrest Avenue. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. 8. Lot Size: 3,919 square feet. 9. Existing Land Use: Vacant. 10. Surrounding Land Use and Zoning: North: Hillcrest Avenue. South: Lot 14, Kodiak Inn Subdivision. Zoning -B, Use -B. East: Lot 15, Block 19, Kodiak Townsite. Zoning -R3, Use -Vacant. West: Lot 17-A, Block 19, Kodiak Townsite, Zoning -R2, Use -Vacant. 11. Comprehensive Plan: The Comprehensive Plan designates this lot for "High Density Residential." 12. Applicable Regulations: Chapter 17.19 (R2 -Two -Family Residential District), Section 17.19.040(A) (Front Yards), states: "The minimum front yard shall be twenty-five feet unless a previous building line has been established..." COMMENTS: The applicant proposes a single-family structure on a 3,919 square foot lot. This lot sits directly above the Sheffield Hotel and is accessed by Alder Lane. In 1978, Lot 10, Block 19, Kodiak Townsite (the Kinnear house) received a variance to encroach 17 feet into the required 25 -foot front yard setback. In order for the Commission to grant a variance, all of the following conditions must be satisfied: 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. As a nonconforming lot of record (3,919 square feet), it is difficult to situate a structure on the lot without encroaching into one of the required setbacks. The steep nature of the parcel also aggravates this problem. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of zoning code would cause the design of the house to be very small to meet the required setbacks. Because of the steepness of the lot, the more desirable building location is near the access road and front yard -line. . The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. The location of this lot is above town and in a less developed residential area of the city. Construction of a dwelling will not result in damages or prejudices to other properties, since most are vacant. Though the road providing access to the lot cuts into a bank, the hillside is well vegetated and because the underlying rock dips into the hillside, chances of slumps and slides are minimal. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of a variance for construction of a residence in this neighborhood is in keeping with the objectives of the comprehensive plan. Case 84-136 -2- January 8, 1985 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The variance is being requested due to the steep nature of the lot and not due to actions by the applicant. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Residential use is permitted in this district. RECOMMENDATION: It is staff's opinion that the request meets all the conditions necessary for granting a variance under Chapter 17.66 of the Borough code (Variances). Staff recommends approval. APPROPRIATE MOTION: Should the Commission agree with staff's recommendations, an appropriate motion follows below: "Move to approve a request for a variance from Section 17.19.040(A) (Front Yards), of the Borough code, to permit the construction of a single-family home that encroaches 19 feet into the required 25 -foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision." Case 84-136 -3- January 8, 1985 Case 84-136 Lot 16, Block 19 Kodiak Townsite Subd. R = 325' from lot's edge US SURVEY 444 Tr G KODIAK TOWNSITE USS 1534 Q.R U SS 1837) tib, SMALL BOAT A 1131 raGupa an• KODIAK ISLAND BOROUGH (- $unity Development Department ; 710 Mill Bay Road Kodiak, Alaska 99615 PUBLIC HEARING NOTICE NOTICE DATE: January 3, 1985' CASE NUMBER: 84-136 An application for • a variance was filed with the Kodiak Island Borough Community Development Department by: David W. Thompson The application requests: a variance from Section 17.19.040(A)(Front Yards) to. permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision, 311 Hillcrest Avenue. The Planning and Zoning Commission will hold a PUBLIC HEARING on this request at their regularmeeting at 7:30 p.m. on Wednesday, January 16, 1985 in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. The Commission will also review all items_on their agenda for the regular meeting on the preceding Wednesday at 7:30 p.m. in the Borough, Conference Room. This meeting is open to the public. You are being notified -because you are a property owner in the area of the request. This is the only scheduled PUBLIC HEARING on the request at this time, and you are invited to appear before the Commission to express your opinion. If you cannot attend this PUBLIC HEARING and wish to comment on the request, fill in the bottom of this notice and return it to the Community Development Department, 710 Mill Bay Road, Kodiak, Alaska, 99615. Your returned comment should be received PRIOR TO THE SCHEDULED MEETING DATE. A vicinity map showing the property involved is included on the back of this form. If you have any questions on this matter, please feel free to call our office, the Community Development Department, at 486-5736.. YOUR NAME: ADDRESS: YOUR PROPERTY DESCRIPTION: COMMENTS: Case 84-136 Lot 16, Block 19 Kodiak Townsite Subd. R = 325' from lot's edge KO AK TOWNSITE US SURVEY 444 Tr G .USS /534 USS /837 vox SMALL BOAT HA N31 N 41 1 rac,uwe_ ar+i f KODIAK ISLAND BOROUGH • Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 January 2, 1985 David W. Thompson P.O. Box 75 Kodiak, Alaska 99615 Dear Mr, Thompson: Re: Case 84-136. Request for a variance from Section 17.19.040(A) (front yards) to permit the construction of a single-family home that encroaches 19 feet into the required 25 foot front yard setback. Lot 16, Block 19, Kodiak Townsite Alaska Subdivision. 311 Hillcrest Avenue. Please be advised that your application for a variance has been scheduled for review and action by the Planning and Zoning Commission at its January 16, 1985 regular meeting. This meeting will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Your attendance at this meeting is requested. One week prior to the regular meeting, on Wednesday, January 9, 1985, at 7:30 p.m. in the Borough Conference Room, the Commission will hold a work session to review the packet material related to your application. You are cordially invited to attend this work session, and to be avail- able to respond to any questions the Commission may have regarding your request. The Community Development Department will be happy to provide you with any additional information. Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Patricia Miley Planning Secretary pi m cc: Case 84-136 KODIAK ISLAND BOROUGH POST OFFICE BOX 1246 KODIAK, ALASKA 99615 ( ) Conditional Use Permit ( ) Exception Variance ( ) Zoning Change: From: To: CODE SECTION INVOLVED: /CP/C)M C;e0A.le 97eeK5 NOTE: The application fee for all items covered by this form is Conditional Use Permits, Exceptions, and Variance Applications also require the submission of a site plan. APPLICANT: PROPERTY: 1V11(4) illogp.ro,t) Name 70/ARK 75 Home Telephone 4n--3tn Address Work Telephone City, State, Zip Lot Block 2S37 B • /69 /totx foofh,f,S, Ter Subdivision Name i1 United States Survey # Section, Township, Range, S.M. PRESENT USE OF PROPERTY: CV4NeVEWAT PROPOSED USE OF PROPERTY: /1044/Qj1/4144:-/Ailycy4245-y4iolic‹) I have been advised of the procedures involved with this request and have received a copy of the appropriate regulations. 4,47,A6g1 Authorized Agent Date Property Owner Date Application Accepted: BY: Date VARIANCE APPLICATION The application must contain a statement showing the following conditions, all four of which must exist before a variance may be granted: The undersigned states: 1. That there are exceptional physical circumstances or conditions applicable to the property, or to its intended use or development, which do not apply generally to the other propertigs in the same land use district. These special conditions are:T _b.e lot is " of record and substandard by current requirements but is grandfathered, hence is smaller than normal. Also, the terrain is steeply inclinded, not flat. 2. That the strict application of the zoning ordinances would resultin Practical diflic4Wes i or unnecessary hardship: Because of the steep incline, it s not practic build in the front of the lot and we mut request a variance of 6 feet on the rear Ret hack. Also, the KI is literally at the corner of the front of 3.(over) 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., safetv. oroeURne because: No, in fact the closest douse is tne- Kinnert's (Blakeric!atn they were granted a 17 foot setback in 1973. Also, there are no developed properties to the rear of mine., and virtually all devloped ones have been (over) 4. That the granting of the variance will not be contrary to the objegtives of se the camitreAnsive plan, for the following reasons: No, the plan calls for resiotental uanc trying to build a single family residence as per the approved use. NOTE: Alaska Statutes Section 29.33.11O(C) states: "A variance shall not be granted because of special conditions caused by actions of the person seeking relief or for reasons oc pecuniary hardship or inconvenience. A variance shall not be granted which will permit a land use in a district in which that use is prohibited." • ' Please use additional.paper for additional comments. Signature of Authorized Agent , Signature of Land. Ovn D t #2 continued: the lot, and I believe there would be a safety consideration if we built lower on the lot toward the front where they have obviously been given a varaince on set backs there. #3 continued: given approval for variances in the past of greater distance than what I am requesting here. CASH RECEIPT --Kodiak Island Borough RECEIVED FROM • 700 UPPER MILL BAY ROAD P.O. BOX 1246 KODIAK, ALASKA 99615 PHONE (907) 486-5736 Stea /h/C-(f.cd/A 5631 DATage. ?d 198Y - COO - 101 - 10 - 00 010 - 000 - 105 - 01 - 00 010 - 000 - 105 - 06 - 00 040 - 000 - 371 - 11 - 00 040 - 000 - 371 - 12 - 00 010 - 000 - 322 - 11 - 00 010 - 000 - 322 - 17 - 00 010 - 000 - 341 - 50 - 00 CASH PROPERTY TAX REAL PROPERTY TAX, PERSONAL LAND SALE, PRINCIPAL LAND SALE, INTEREST BUILDING PERMITS ZONING PERMITS SALE OF MAPS 010 - 000 - 341 -51-00 010 - 000 - 111 - 61 - 00 SALE OF COPIES PROPERTY TAX, LIENS PER TTACHED CONDITIONS OF CHECK PAYMENTS 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 10 ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. TOTAL CASHIER Os PAYOR CF: fD 31,23au. Pia '0 ..tRvu4P 1 1 SO '--- PAYMENT MADE BY: El CHECK NO. /7-3 0 CASH El OTHER EM08-511815 Lot 16,'Block wns to subd. Case g4 Kodiak 325' from lot's edge KODIAK TOWNSITE US SURVEY 444, TrG rR51TR6 TR 15 gisumunnummir USS /534 USS 183 pL1. Boal. SM • r•- /io �t� Za1' q W/JAZ AZO0/ / 3 e36 Y ,1" zif Zoe llo, iour i 9 !g/.31a/C)(C.) /7 _/7(- 22. 7 1 1 9 lid " zo3 -i© Z3 _ a3 l - 0 c-.9 cad/o Z aid 0- 33 a 31, /a 02.0e/e /9 %S45 ice" yra - ,2/.fir(1J /rpo 2 Z Lor 2q - Z3 20 3 34 3� 2y Z7 076 BD. Z9 a90 36 - 3f 7) /06 / e 33 X5`3. Ov 3.7 t 19 005. 37'7/ 3?a LaT. ► : fie'/c96ezaD 60 . 6Q a go /2 (go /h // /52 /Gd 0 0 0 0 0 N ••• cc 40 'Cr* 0' • st • 0 W Z N o < itn X X tn 0 0 r0 X • Z UJ VI 4 e. AK 99507 0 00 0 0 Cr• a a z a a 0. 0 X U N 0 0 4 0 R1340190352 JENSEN,STEVE 6 JERI P.O. BOX 3970 KODIAK AK 99615 R1340190360 GOTTSCHALK,HARRY 6 GUYN P.O. BOX 981 . KODIAK AK 99615 R1340190361 BISHOP,WILLIAM 6 TERESA 302 MARINE WAY KODIAK AK 99615 THREINEN,C W JR P.O. BOX 930 KDOIAK PUH, JOHN P.O. 80X 685 KODIAK SUTLIFF,NORMAN P.O. BOX 1157 KODIAK R1340190371 AK 99615 R1340190372 AK 99615 R1220030060 AK 99615 • • 0 o 0:1'0 0' N ett 1.4 63 En znJ X 0 03 • X LI 0 0 I 0 G 61966 NV NVIUON o3sn zEE X09 •O•d V SVESV94 IO1VIS 183 ANOH1NV6I01V1SI83 15E06104E1V 51966 NV NVIOON 926 X09 •O'd M 3NAVM04113NN033W Z4C06104CIN 51966 NV NVIOON 6422 X08 'O'd 31-91r AHlOWIPTIIH 06E06104CT8 ST966 NV 07E06104E/8 NVIOON SO4 XOR 03B08VH2 57966 NV NVIOON 9696 X02 •O'd 3NVr 3 Hd3S0r6I270883d 00E06104E19 S1966 NV 06706104(111 )lviaox 96Z X09 •frd 183908'310099 • 0 Ir tmi ▪ Z NW 0' • a w ottf e 0 41 R1220030160 LI 0 0 0.3 0.3 X ‚-.0 a. CP .2 . Z • ku 0 • C et 2 it R1340190232 W00D1EY,MICHAEL 6 DIANE P.O. BOX 3272 KODIAK AK 99615 SHORT,ROSE P.O. BOX 4 KODIAK R1340190233 AK 99615 R1340190240 COFFLAND,KENNETH E SUSAN P.O. BOX 1571 USCG KODIAK AK 99619 R1340190260 BURCH,ORAL 6 CHERIE P.O. BOX 2203 KODIAK AK 99615 4ANNAH,PETER M 2'4,0. BOX 3808 (ODIAK W1340190270 AK 99615 R1340190280 KVASNIKOFF,WILLIAM >.O. BOX 137 (ODIAK AK 99615 R1340190160 THOMPSON.DAVID W A c x P.J. 30X 75 x -0 w 0 • 0KODIAK AK 99615 00 $or ... > m r. m x c z x a•z o. 0 • X x xc- r m N f'1 W W r 0 2 vno 0.n R1340190171 wm Dr 3ROOKS,I1IS N o o P.O. 30X 2829 KODIAK AK 99615 n r A N a 72 N r 4) y W W = ;' O. Z O 0. rt7 0 r, r ,. S4. r S N O 0 o O o r R1340190180 No N JONES,DUKE E DONNA P.O. BOX 1604 KODIAK AK 99615 GARRINGTON,E B SR 7790 KODIAK R1340190203 AK 99615 R1340190210 VAVROCH,JOSEPH E MICHAEL P.O. BCX 2914 KODIAK AK 99615 OAMON,HI YONG P.O. BOX 1784 KODIAK R1340190231 AK 99615 81340140040 JAEGER,MARY 0 MICHELLE P.0.03X 14 DT ANCHORAGE AK 99510 R1340190022 `, ACCBSON,PATRICIA A .0. 8<^_X 1313 81340140050 .GDIAK AK 99615 ROOT,VINCENT E MARY P.O. BOX 541 KODIAK AK 99615 HANSEN,STEVEN E LIBBY40140060 P.O. BOX 1482 KODIAK AK 99615 R1340140110 MILLER,JAMES M C MARGARET Z10 HILLCREST nUDIAK AK 99615 STRATMAN,OMAR N P.O. BOX 2376 KODIAK HUNT,ROBERT H P.O. BOX 2924 R1340190023 AK 99615 R1340190050 AK 99615 v T 0. z a0Z 7 { r O 0 4.r rn 0 z .0 0, 61966 NY N9I00N 505f1 LOC XOG '0'd N 3DA0f'A800385 1510610b£1J 01566 NY 30V8OH7NY 0962-01 X02 '0'd S3SI8c831N3 0151113HS. DNI NINY9fl T1106104E18 51966 N9 NYIOON £bLZ X02. •O'd NAbF'lYN 7 3NY10'>Y3NNIN 00106104ETb 51966 NY Z6C0610,ETb >9100N 4£1 X09 '0'd VNIb'b30N3f1S 51966 NY NYIOON 4752 XO2 •0'd 31I1'M N3SNVH 830N3fS 16006104£18 xY N9700N V99 X02 '0'd N108 7 010''2Y'N3SNY1-1