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KODIAK TWNST BK 19 LT 23B - Variance (2)KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT CASE FILE CHECK LIST Case File No. Assigned ?)- Date Application Received ) Type of Application \J8uzxJibanc9„. \ Date Site Plan Received ���I\ma, � Date Fee Paid '�J/ �xc:ma Amount a34()0 Receipt Number •S--51 Use Z for Zoning, Variances and Exceptions ' CUP for Conditional Use Permit LL for Land Leases V for Violations 0 for all Other cases Person Accepting Appl. Name of Applicant )0NrN,,A Q Mailing Address . 960,4. 63? Name of Legal Owner Mailing Address Legal description of Property: Phone YR19- (pa 71 Phone � Block / / Square Footage or Acreage of Property is 1l0�E.3 0�. /\ ` ~ ^^ P & Z Public Hearing Date {Y\o° \c \����� � Public Notices Mailed on She/«c)- How Many? yR �����,� Applicant Notified of P & Z Action on ~- ^- Date Action Summary Approved P&Z Assembly Ordinance No, Date Date Denied Tabled Date . Date 1st Reading 2nd Reading Ordinance Effective Date K 'MAK ISLAND BOR UGH May 21, 1982 Mr. John Cratty Box 538 Kodiak, Alaska 99615 Dear John, Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 Please be advised that the Planning and Zoning Commission, at its May 19, 1982 meeting,_ approved your request for a variance from Section 17.18.040(6)(1) of Borough Code to permit the construction of a porch in the side yard of Lot_238-, Block 19, Kodiak Townsite. If you have any questions please do not hesitate to call us at 486-5736. Sincerely, akiairee William A. Walton Community Development Department Director CC: Morris Lee, Building'OffiCial Case 82-039,. WAW/jmj 0 . . KODIAK ISLAND BOROUGH PLANNING AND 70NING COMMISSION MINUTES May..19, 12 regular meeting. .."` �"�� 3 7-.__�= Mr. Boll moved to grant a request to rezone Lots 19, 20, 23, 24 and 25, Block 2, Allman Addition from Single Family Residential to Business. Seconded by Mr. Briggs. Motion PASSED by unanimous roll call vote. 8. PUBLIC HEARING ON CASE 82'03\ A request for a variance from Section 17.18.040(8)(1) on. Lot 23B, Block 19, Kodiak Tw^nsite, to allow for the construction of.a ponchin the/ • required side yard. (John Cratty) STAFF REPORT: Mr. Walton 19 notices muiled, 1 returned as a non -objection. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments; the public hearing was closed and the regular meeting reopened. Mr. nvmug\ia z went and looked,at the property. There is a boardwalk that serves as access to other properties in �he area. Is the boardwalk needed? Mr. Hill the boardwalk will not be affected. Discussion on the boardwalk between the Commissioners. ' Mr. Ball/moved to-qront-n request for a variance from Section 17.18.040(6)(1) on Lot 236, Block 19, Kodiak Thwnsite, to allow for the construction of a porch in the required side yard. Seconded by Mrs. Strickert. Motion -PASSED -by unanimous roll call vote. ~ _' 9. PUBLIC HEARING ON CASE S-82-015. (PRELIMINARY) Vacation of Lots 1, 2, 13 and 14,1flock 6, Leite Addition; and replat to Lots IA and 13A^ Block h, Leite Addition. (Gene Mueller) ` 10. PUBLIC HEARING ON CASE 82-040 '4 request for a variance from Section 17.18.040(C), to allow the construction of a dwelling with a 10' rear yard on Lot 13A. Block V. Leite Addition. (Jehovah's Witness Church/Gene Mueller) Mrs. Crowe we will take public testimony on items #9 and #10 together. Mr. Walton Mr. Mueller has permission to act on behalf of the church. Tried to get building plans and building permit to determine the parking requirements but was unable to locate them. ' Mrs. Crowe closed the regular meeting and opened the public heorin0' Mr. Mueller l figure we need approximately 75 parking spaces, the meeting hall is 40' Mrs. Crowe call a 5 minute recess at 8:35 p.m.. The meeting was reconvened at 8:40 p.m. Discussion on the required size for a parking space. Mr. Breckberg against the request. Never received a notice on this request but my wife did. Discussion on mailing labels. Ken Lester disagree with parking. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Rumaglio moved to return a request to vacate Lots 1, 2, 13 and 14, Block h, Leite Addition; and replat to Lots l4 and 13A, Block 6, Leite Addition for more information on parking, and to table a request for a variance from Section 17.18.040(C), to allow the construction of a dvellin^ with a 10' rear ard on Lot 13A, Block 6, Leite Addition until the June 16, 1982 Planning Commission regular meeting. Seconded by Mr. Gudenau. Motion PASSED by unanimous roll call vote. 11. PUBLIC HEARING ON CASE S-82-011. (PRELIMINARY) Vacation of Lots 4B, 4C, and 4U, Block 2, Bells Flats Alaska Subdivision; and replat to Lots 4O-1, 4B-2, 4B-3 and 46-4, Block 2, Bells Flats, Alaska Subdivision. (William G. Williams) ' Mr. Crowe at the work session there was discussion on leaving the easements as shown on the preliminary plat. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments the public hearing was closed and the regular meeting reopened. Mr. Hill what changes were made? ~ " '''''''''',���r .K.O.DIAK ISLAND ,130KUU(iH Box 1246 Kodiak, Alaska 99615 Kodiak Island Borough Kodiak, Alaska RECEIVED MAY 14 1982 PM• -i111011,1101112ii4i5if ,W4151P (<2, • tt 0 . 0 ) IO , clIctl V' . e% e FIRST CLASS MAIL NOTICE OF PUBLIC FFEARING -CASE 82 -039 - The Kodiak Island Borough Planning and Zoning Commission has received an application from requesting JOHN CRATTY a variance from Section 17.18.040(B)(1) to. allow for the construction of a porch at the front door which will encroach into the required side yard, leaving only a 2'2" side yard. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, May 19, 1982 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 400feet of the above -referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this request, and you_areinvited to appear and_yoice your oRinion, Ifyoicannot attend,_you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the proposal, this form may be used for your con- venience, and return to the Community Development Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Na Address (:):// /711-6674,e27/ Legal Description /21) 446,79 Commentsk?" „4tete ‘,/ze) • SURVEY 4.44` Us r G TE 40 1 7 110:4 R I E oingu111 "k :�Ru.�:onelateax. :avxeiig;r, w4strr3A .ie+xae,u>.. KODIAK ISLAND BOROUGH MEMORKNDUM DATE: May 6, 1982 TO: Planning and Zoning Commission ,,,-// FROM: Community Development Department atf / da SUBJ: Information for Commission's May 19, 1982 meeting RE: Case 82-039. Request for a variance from Section 17.18.040(6)(1) of Borough Code to allow a side yard encroachment of one foot on lot 23B, block 19, Kodiak Townsite. (John Cratty) REQUEST John Cratty requests a variance from Section 17.18.040(6)(1) of Borough Code to allow the construction of a porch in the side yard. PROPERTY The lot involved is located at 314 Cope Street and is also known as lot 23B, block 19, Kodiak Townsite. Lot 23B con- tains 1,603 square feet, has an average width of 31 feet, an:average depth of 53 feet, and was subdivided by the City of Kodiak Planning Commission on April 12, 1955. LAND USE The Comprehensive Plan designates this property for "High Density Residential" land use. It is currently zoned R-2 Two Family Residential and is occupied by a single family home. DISCUSSION Section 17.18.040(6)(1) requires that ten percent of a lot's width be reserved for side yards. The average width of lot 23B is 31 feet. The existing side yards are 2 and 5.9 feet in width, respectively. The applicant would like to construct a porch which'is 3.5 feet in width on the side of the house with the 5.9 foot side yard. The proposed construction would leave a 22 foot side yard where 3.1 feet are required. Hence the need for a variance Case 82-039 Page 2 to permit an approximate one foot encroachment'; into the required side yard. Staff would add at this point that Mr. Cratty has not begun construction and is taking the time to resolve his problem through established procedures. RECOMMENDATION Staff recommends approval of a variance from Section 17.18.040(B)( to permit a one foot encroachment into the side yard on lot 23B, block 19, Kodiak Townsite, for the construction of a porch and for the following reasons: 1. There are exceptional conditions present which restrict the use and development of the -_property; 2. The strict application of the zoning ordinances will result in practical difficulties and unnecessary hardship; 3. 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 welfare; 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan; and 5. The applicant is not seeking relief from conditions which he caused. 22 4* ARMyNT11 oil Revised 5/81 3S-57 91,--° • " KODIAK ISLAND BOROUGH ;.) co COMMUNITY DEVELOPMENT DEPARTMENT w 0 APPLICATION FOR VARIANCE ADDRESS— 3 14 eo pe. PHONE NUMBER LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT P-3,- BLOCK 9 SUBDIVISION PRESENT/FUTURE USE OF PROPERTY r I e Iv icre c e A SITE PLAN IS REQUIRED. \ THIS IS A REQUEST FOR A VARINANCE FROM SECTION /F./B. Ow OF THE ZONING ORDINANCES. A. THE EXISTING SITUATION IS: c. irE74- Si g " from pswer -11 4.1.-yte DO NOT WRITE IN THIS SPACE DATE RECEIVED A ta RECEIPT NO. 355-1 CASE NO. gt-'03c) HEARING DATE mat \clap_ DISPOSITION APPROVED DENIED CONDITIONS (SEE MINUTES) DATE OF APPEAL HEARING DATE APPROVED— ' DENIED CONDITIONS ' (SEE MINUTES) LETTER SENT PERMIT ISSUED oo LS B. GRANTING OF THIS REQUEST WOULD PERMIT: ilarK9 GY1 porci". *6-0-1 de -07- r f g t vilw4 14tice C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ACCORDANCE WITH HIS/HER PLANS WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE: e 44_,0 Revised 5/81 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 properties in the same land use district. These special conditions are: dt41 J- 2. That the strict application of the zoning ordinances would result in practical difficulties or unnecessary hardship: flo Jb-e-LIA-5 a.b-e4 . 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 welfare because: we .44d 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan, for the following reasons: ...ZWII•over • NOTE: If this variance is granted, it will not permit a prohibited land use on the property involved. Applicant further states that: (Use back of sheet for additional information Signature of Authorized Agent S ature o Land 0 er Date Date 17.18.040 YARDS B. Side Yard. 1. There shall be a side yard of not less than ten percent of the width of the lot but such side yard need not exceed twenty-five feet. The minimum side yard on the street side of a corner lot shall be ten feet. DV r �nTkdrci eV ,4 000Oet : 0oa•0000aeoeo• 7:y'ti 4% oo•o..•Oa is d� 0 0 0 ap L p Roy A. Ecklund ,' cc v` • NO. 1638-S •J``' ••°o•`�Qe PaOFESSI©NP I hereby certify that I have surveyed the following described property: LOT 23- 5, Bzc -< /9 ,roc/Aa,(' 75442,7,57/e St'rvec1 . c/ 5. S. 2'5.37-$ ) PA,/ i/9 76---/4 and that the improvements situated thcrconare within the property lines and do not overlap or encroach on the property lying adjacent thereto, that no improvements on property lying adjacent thereto encroach on the premises in question and that there arc no roadways. transmis- sion lines or other visible easements on said property except as indi- cated hereon. Dated this '' day of 19 / Cz,/ ROY A. ECKLUND Registered Land Surveyor Scale:. /0-r. 2d Drawn by: f2lJ� Date: /-20-07/ sem-; TAGuRA ROA i !.' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 LEASE WITH OPTION TO PURCHASE THIS• AGREEMENT, made and entered into this c5- day of , 1981, by and between: JOHN ALFRED CRATTY and DANA BUCKINGHAM, as. tennants in common, hereinafter called "Lessees"; and THEODORE SMITH, a single man, hereinafter called "Lessor".. WITNESSETH: The Lessor for and in consideration of the rents hereinafter reserved and of the covenants and agreements herein expressed on the part of the Lessee, to be kept, performed and fulfilled by said Lessee, has demised and leased and by these presents does demise and lease unto the Lessee all that certain property situated in the Kodiak Recording District, Third Judicial District of Alaska, to -wit; Lot 23B, Block 19, Kodiak Townsite, as recorded in the Kodiak Recording District, plus all of the buildings and appurtenances thereon, also known as 314 Cope Street. KODIAK ISLAND BOROUGu Box 1246 Kodiak, Alaska 99615 FIRST CLASS MAIL • NOTICE OF PUBLIC HEARING CASE 82-039 The Kodiak Island Borough Planning and Zoning Commission has received an application from JOHN CRATTY requesting a variance from Section 17.18.040(6)(1) to allow for the construction of a porch at the front door which will encroach into the required side yard leaving only a 2'2" side yard. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, May 19, 1982 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either, the property owner of the above -referenced lots, or an owner of property within 400 feet of the above -referenced property. This will be the only Public, Hearing before the Planning and Zoning Commission on this request; and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the proposal, this form may be used for your con- venience, and return to the Community Development Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT Name Legal Description Comments Address 40140050 ROOT*VINCENT & MARY P.C. '30X 541 KODIAK AK 90615 R1340140060 COSTELLOPRICHARD C. CECILE P.O. BOX 114 KODIAK AK 99615 HUNT,RO3ERT H. Pear BOX 2924 KODIAK CHERNOFF,TIM R1340190061 AK 99615 , (( 0 (1 R1340190052\ ( R1340190070 HANSEN.ARNOLD C RUTH r P.O. 90X 663 KODIAK AK 90615 :( R1340140011 PRANCI5C-OrLEON & JUDITH P.C. BOX 483 KODIAK AK 99615 R1340140012 FISHrJOHN & SUSAN P.C. RM.( 2129 KODIAK AK. 99615 / R1340140020\ LAMPING.POBERT Be& SHARON P.o.aox 3038 KODIAK AK 99615 JAEGERr'-iARY D. PoGeBOX 14 DT ANCHORAGE ERIKSSON*INCe P.C. eox 06 ANCHORAGE R1340140030"\ MICHELLE I ( AK 99510 R1220030090\ AK 99510 C C 81340190100` KINNEAR.BLAKE E KATHRYN P.O. BOX 2743 KODIAK AK 99615 81340190232\ St41TH.THEODORE H. P.D. 30X 1544.USCG KODIAK AK 99619 UGA:NIK.INC. P.O. BOX 2960 ANCHORAGE R1340190130\ AK 99510 / R13401901512\ TENNISON.RONALD J.EMONICA P.O. BOX 2206 KODIAK AK 99615 R1340190240 MF_TZKER.EDWARD 6 BARBARA C/O H089S. CHARLES R. P.O. BOX 924 KODIAK AK 99615 01340190250, BURCH.ORAL E.CHERIE P.O. OOX 2203 KODIAK AK 99615 PUGH. JOrIN P.O. BOX 685 KODIAK HANNAH.PETER '•1. P.O. SOX 533 KODIAK C 81340190372', ( AK 99615 R13401.90270', AK 99615 01.340190202\ R1340190280 BROOKS.ROBERT E IRIS KVASNIK3FF.WILLIAM ( P.U. BOX 2264 P.O. 80X 137 KODIAK AK .99615 KODIAK AK 99615 81340190210\ VAVROCH.JOSEPH E MICHAEL P.O. BOX 2914 KODIAK AK 99615 81340190180 JONF9.DUKE & DONNA ' P.O. BOX 1604 KODIAK AK 99615 P.1340190091 -SUEN0E4.HANSEN.4HITE P.D. PDX 254 KODIAK AK 99615 BRODIE.ROBERT 9. P.O. OOX 296 KODIAK 813401.90290 AK 99615 � •c SHUT.R'lSE P'.ia. BOX 4 K;JD I AK NAUGHTON.CHARLFS 1501 Y 11TH 322 ANCHORAGE 91340190233 A. 99613 01340190310 C. AK 99501 81220030120 KAZIM COMPANY.THE P.O. 00X 746 KOOIAK AK 99615 ( ( 4 / (sp 01220030130\ DICK.GLENN & VIRGINIA B. P.O. BOX 2182 KODIAK AK 99615 KODIAK.CITY OF. P.O. BOX 139.7 KODIAK' R1220030000\ AK 99615 R1220030150\ TURNER.SAJDAK,& GERDEN ( P.O. BOX 1679 ANCHORAGE AK 99510' R1220030160\ BLUE.INC.OF KODIAK.ALASKA .P.O. 130X 412 KODIAK AK 99615 R12200.30170) HARDER.OLE & M./ANDRE4.L. ANDREW.JOY/HALTER.LOREN P.O. BOX 2291 KOD1AK AK 99615 ( ( ( (• ( R1220030160\ SHARP.ATT.GARY & LINOA- ( L P.O. 30X 673 KODIAK AK '615 JAMS.LELAND p. 3115 ILIAF4NA AVE ANCHORAGE L EICHNER,HERBERT OPOLKA,GAYLE Y. 14636 S.E. 142 R"_'NTON' R1340190320'' C GAYLE dA 98055 R1340190339\' HILL.TI;.OTHY & JULIE P.O. BOX 2249 KOOIAK ' AK 996 RL340190341'%.! DAMON.JOHN g&HI YONG -�l P.O. BOX 1784 KODIAK AK 99615 TEUBER.JUDITH V. P.0, BOX •1692 KOOIAK BOVEE.ARLINE F. P.O. SOX 52. KODIAK R1340190342`` AK 99615 R1340190351\ AK 99615 ( R1340I90390` NESETH,HENRY & EUNICE I L_ P.O. SOX 456 KODIAK AK 99615 1 �. RI:140.190381 GOTTSCHALK.HARRY & GUYN. -. P.O. BOX 9?.1 KODIAK AK 9951.5 812200.30170 , 81340140371 T:1RE INEN,C.X. JR. P.O. 'OX 930 KODIAK ' AK 99501 ( I L AK 99615 .„..),„ _ ic,;_ 1_ 9Th\s4o\LA010 11 :5 •C-) c.__ u, c.i Li c__0 3 6 . LI [0040 LL -1 co b R ), L-WILLOOLKI E.\ (Q pN\_14()\ ckooLD a_ ,(4. \ z 140 \t_Occ-Lb P 140k(400 Vb ' 1_0 \ Cki0QC 1 , 9 1,0 'f,\,--23Lko\ci cmoo R -3L-kni_q a r t _llik 13 IRA R \ -3 4 cts_a_o L9_.1 f \_" 40 i ct. 0 ac9-0 • _ 1 ci0 a 493c- 1 R \ IL-10 LH c) a-33 i . 9 KODIAK ISLAND BOROUGH P. 0. BOX 1246 KODIAK, ALASKA 99615 R134O19OO62 CI-IERNOFF ,T IM