LAKESIDE 1ST BK 1 LT 8 - ExceptionKodiak Island Borough
Karen King, Executive Director
Kodiak island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
P.O. BOX 1246
KODIAK, ALASKA 99615-1246
PHONE (907) 486-5736
October 20, 1988
RE: CASE 87-051. Request for a two (2) year extension of an
exception from Section 17.19.020 (Permitted Uses) of the
Borough Code which permits the utilization a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in
the same block. Lot 8, Block 1, Lakeside Subdivision 1st
Addition; 2388 Beaver Lake Loop Road. (Kodiak Island
Housing Authority)
Dear Ms. King:
The Kodiak Island Borough Planning and Zoning Commission at their
meeting on October 19, 1988, denied the request for the extension
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
Borough 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.
If you have .any questions about the action of the Commission,
please contact the Community Development Department.
Sincerely,
Patricia Miley, Secretary
Community Development Department
required by Section 17.21.050
Tract D-1 is adjacent io Tr
for this, screening are to b.
review by January 15, 1989.
following findings of fact in
FINDINGS OF FACT
(C) of the Borough Code, where
0-2, U.S. Survey 3213. Plans
"'omitted to the Commission for
Yne Commission also adopts the
support of this decision:
1. Zoning compliance enforcement is currently administered
on a "complaint" basis. A complaint has been filed by
the owner of Tract D-2, U.S. Survey 3218.
2. There is no evidence in the record of a waiver of this
requirement.
3. The Borough Code requires the screening to be provided
and maintained by the business.
The motion was seconded and CARRIED by unanimous roll call
vote.
LINDA FREED asked the Commission how they wanted their
decisions applied. A discussion ensued among the
Commissioners, Diana Reed, and Community Development
Department staff regarding the effect of their voting. The
consensus of the Commission was to reconsider their first
motion.
COMMISSIONER HENDEL MOVED RECONSIDER THE MOTION TO DETERMINE
that Section 17.57.040(C) of the Borough Code does not apply
as there is no business parking located adjacent to the lot
line between Traces D-1 and D-2, U.S. Survey 3218. The
motion was seconded and CARRIED by unanimous roll call voce.
The motion S'ARRIED by majority roll call vote. Commissioner
Rennell voted "no."
B) CASE- 87-051,, Request for a two (2) year extension of an
exception from Section 17.19.020 (Permitted Uses) of the
Borough Code which permits the utilization of a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in
the same block. Lot 8, Block 1, Lakeside Subdivision 1st
Addition; 2388 Beaver Lake Loop Road. (Kodiak Island
Housing Authority)
COMMISSIONER HENDEL MOVED TO GRANT a request for a two (2)
year extension of an exception from Section 17.19.020 of the
Borough Code which permits the utilization of a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in
the same block, and to reaffirm the conditions of approval
and the findings of fact contained in the staff report dated
October 5, 1987. Lot 8, Block 1, Lakeside Subdivision 1st
Addition. The motion was seconded.
A discussion ensued among the Commissioners regarding the
current controversy regarding outdoor storage and the
caution necessary not to create a precedent.
The question was called and the motion FAILED by majority
roll call vote. Commissioners Heinrichs, Knudsen, and
Rennell voted "no."
There were no further audience comments or appearance requests.
VI. PUBLIC HEARINGS
A) Case 88-053, Request for a variance from Section 17.54.010C
(Height --Extension onto Public Property) of the Borough Code
Page 3 of 22 P&Z Minutes: October 19, 1988
DATE:
TO:
FROM:
SUBJ:
RE:
Kodiak Island Borough
MEMORANDUM
October 10, 1988
Planning and Zoning Commission
Community Development Departme
Information for the October 19,
ITEM V -B
Regular Meeting
CASE 87-051. Request for a two (2) year extension of an
exception from Section 17.19.020 (Permitted Uses) of the
Borough Code which permits the utilization a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in
the same block. Lot 8, Block 1, Lakeside Subdivision 1st
Addition; 2388 Beaver Lake Loop Road. (Kodiak Island
Housing Authority)
BACKGROUND
The Kodiak Island Housing Authority is requesting an extension of a
previously granted exception to allow outdoor storage for residents
in Block 1 of Lakeside Subdivision First Addition. Included for
your information and review of the requested extension are:
1. a copy of the letter of request;
2. a copy of the public hearing notice for the exception request;
3. a copy of the staff report and action letter for the exception
request; and
4. a copy of the plat of the lot in question.
ANALYSIS
The original request stated that the applicant would screen the
proposed outdoor storage with a five (5) foot solid wooden fence.
It was also inferred that the storage would be limited to storage of
personal items belonging to the residents living in Block 1. The
types of stored items were identified as boats, campers, vehicles,
all terrain vehicles, etc. It was not intended that the outdoor
storage permitted be used for any commercial storage or activities.
Based on a site visit on October 8, 1988, it appears that conditions
in the area have not changed since the original approval was
granted.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the
appropriate motion is:
.Move to grant a request for a two (2) year extension of an
exception from Section 17.19.020 of the Borough Code which
Appearance Request B
Page 1 of 3 P&Z: October 19, 1988
ITEM V -B
permits the utilization a lot in the R2--Two-Family Residential
Zoning District for fenced and screened outdoor storage for use
by the property owners in the same block, and to reaffirm the
conditions of approval and the findings of fact contained in
the staff report dated October 5, 1987. Lot 8, Block 1,
Lakeside Subdivision 1st Addition.
CONDITION OF APPROVAL
1. The lot must provide screening approved by the Planning and
Zoning Commission along Beaver Lake Loop Road and Von Scheele
Way for the entire time that outdoor storage is present on the
lot.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A) endanger
the public's health, safety or general welfare, (B) be
inconsistent with the general purposes and intent of this title
and (C) adversely impact other properties or uses in the
neighborhood.
A. It appears that the proposed use, possibly under
appropriate conditions, will not endanger the public's
health, safety, or general welfare. Conditions of
approval merit consideration because commercial land uses
(i.e., outdoor storage) have the potential to detract from
the use of the land and adjoining properties for
residential purposes. Methods of limiting such conflicts
include screening and fencing. The use of Lot 8 for
screened storage will provide a benefit to residents of
the block and should enhance the public's safety and
general welfare by relocating stored boats, campers, etc.,
from the nearby streets to a nonobtrusive off-street
location.
B. Whether this request is consistent with the general
purposes and intent of Title 17 is debatable.
On one hand the proposed use will be inconsistent with the
general purposes and intent of Title 17 and with the
specific description and intent of Chapter 17.19, the
R2--Two-Family Residential Zoning District. Section
17.03.080 specifies that uses not listed as a permitted
uses are prohibited. Outdoor storage is not listed as a
permitted use in the R2 Zoning District. Moreover, the
description and intent of the R2 Zoning District (Section
17.19.010) specifies that the intentions of this district
are to encourage the construction of single and two-family
dwellings, to prohibit commercial and industrial land uses
which would interfere with the development or continuation
of single and two-family dwellings in the district, and to
encourage the discontinuance of existing uses that are not
Appearance Request B
Page 2 of 3 P&Z: October 19, 1988
ITEM V -B
permitted under the provision of this chapter. The
applicant's exception request is not consistent with this
description and intent of the R2 Zoning District. The use
is commercial and one appropriate option is an
investigation into a rezone of the site to a
classification that permits the land uses desired by the
applicant.
Conversely, the proposed use may be considered to be
consistent with the general purposes and intent of Title
17 and with the specific description and intent of Chapter
17.19, the R2 Zoning District, if appropriate conditions
of approval are placed on the exception. The use may be
considered consistent because (1) no structures will be
erected; (2) the storage can be easily removed; (3) the
storage is for the residents personal property only; (4) a
storage area can be considered an integral part of a
housing project development; (5) the lot will be screened;
and (6) storage on this lot will alleviate the existing
storage and parking problem on nearby streets.
C. The proposed use should not adversely impact other
properties or uses in the neighborhood. The storage is
for the use of the residents of the block and will be
screened from these residences and surrounding properties.
Provided this screening is maintained the use of the lot
for outdoor storage should not adversely impact other
properties and uses in the area.
Appearance Request B
Page 3 of 3 P&Z: October 19, 1988
Kodiak Island
Housing Authority
Ms. Linda Freed
Kodiak Island Borough
Community Development Dept.
Box 1246
Kodiak, AK 99615
Dear Ms. Freed:
SUBJECT: Case 87-051
October 6, 1988
The Planning and Zoning Commission granted the exception
request cited above on October 21, 1987. To date, KIHA
has been unable to secure additional funding to utilize
the property as originally stated. Since the exception
is scheduled to expire October 21, 1988 an extension of
two years is requested. The Housing Authority intends to
utilize the lot for fenced and screened outdoor storage
for use by Mutual Help homeowners.
,
Your consideration of thetwoyear_extension, expiration
October 21, 1990,.will allow KIHA to pursue -Modernization
Funding for the proposal. Approval of the requested
extension will be greatly appreciated. If you have any
questions, please call.
KK/cc
2815 Woody Way • Kodiak, Alaska 99615 • 907 9868111
Sine
a en King
Executive Dir ctor
OCT 6- 1988
DEVEP ENTi rpr,
Marlin Knight
Kodiak Island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
October 22, 1987
RE: CASE 87-051. Request for an exception from Section 17.19.020 (Permitted
Uses) of the Borough Code to utilize a lot in the R2--Two-Family Residential
Zoning District for fenced and screened .outdoor storage for use by the
property owners in the same block. Lot 8, Block 1, Lakeside Subdivision 1st
Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority)
Dear Marlin:
The Kodiak Island Borough 'Planning and Zoning Commission- at their meeting on
October 21, 1987, granted your request for the exception cited above subject to
the following condition of approval:
1. The lot must provide screening approved by the Planning and Zoning Commission
along Beaver Lake Loop Road and Von Scheele Way for the entire time that
outdoor storage is present on the lot..
The Commission also adopted the following findings of fact in support of their
decision:
1. That the use as proposed in the application, or under appropriate conditions
or restrictions, will not (A) endanger the public's health, safety or general
welfare, (B) be inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the neighborhood.
A. It appears that the proposed use, possibly under appropriate conditions,
will not endanger the public's health, safety, or general welfare.
Conditions of approval merit consideration because commercial land uses
(i.e., outdoor storage) have the potential to detract from the use of
the land and adjoining properties for -residential purposes. Methods of
limiting such conflicts include screening and fencing. The use of Lot 8
for screened storage will provide a benefit to residents of the block
and should enhance the public's safety and general welfare by relocating
stbred boats, campers, etc., from the nearby streets to a nonobtrusive
off-street location.
Kodiak Island Borough
Marlin Knight
Kodiak Island Housing Authority
October 22, 1987
Page Two
B. Whether this request is consistent with the general purposes and intent
of Title 17 is debatable.
On one hand the proposed use will be inconsistent with the general
purposes and intent of Title 17 and with the specific description and
intent of Chapter 17.19, the R2--Two-Family Residential Zoning District.
Section 17.03.080 specifies that uses not listed as a permitted uses are
prohibited. Outdoor storage is not listed as a permitted use in the R2
Zoning District. Moreover, the description and intent of the R2 Zoning
District (Section 17.19.010) specifies that the intentions of this
district are to encourage the construction of single and two-family
dwellings, to prohibit commercial and industrial land uses which would
interfere with the development or .continuation of single and two-family
dwellings in the district, and to encourage the discontinuance of
existing uses that are not permitted under the provision of this
chapter. The applicant's exception request is not consistent with this
description and intent of the R2 Zoning District. The use is commercial
and one appropriate option is an investigation into a rezone of the site
to a classification that permits the land uses desired by the applicant.
Conversely, the proposed use may be considered to be consistent with the
general purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.19, the R2 Zoning District, if
appropriate conditions of approval are placed on the exception. The use
may be considered consistent because (1) no structures will be erected;
(2) the storage can be easily removed; (3) the storage is for the
residents personal property only; (4) 'a storage area can be considered
an integral part of a housing project development; (5) the lot will be
screened; and (6) storage on this lot will alleviate the existing
storage and parking problem on nearby streets.
C. The proposed use should not adversely impact other properties or uses in
the neighborhood. The storage is for the use of the residents of the
block and will be screened from these residences and surrounding
properties. Provided this screening is maintained the use of the lot
for outdoor storage should not adversely impact other properties and
uses in the area.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. You must first obtain
zoning compliance and/or a building permit. Please contact this office for
further details.
Kodiak Island Borough
Marlin Knight
Kodiak Island Housing Authority
October 22, 1987
Page Three
An appeal of this decision may be initiated by any person or party aggrieved by
filinga written notice of appeal with the Borough 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.
Failure to utilize this exception within 12 months after its effective date shall
cause its cancellation. Please bring this letter with you when you come to .our
office to obtain zoning compliance for any construction on your lot.
If you have any questions about the action of the Commission, please contact me.
Sincerel
Rob rt H.'Ped eison, AICP, Associate Planner
Community Development Department
ITEM VI -C
Kodiak Island Borough
MEMORANDUM
DATE: October 5, 1987
TO: Planning and Zoning Commission 'n
FROM: Community- Development Department
SUBJECT: Information for the October 21, 19 Regular Meeting
CASE 87-051. Request'for an exception from Section 17.19.020 (Permitted
Uses) of the Borough Code to utilize a lot in the R2--Two-Family
Residential Zoning District for fenced and screened outdoor storage for
use by the property owners in the same block. Lot 8, Block 1, Lakeside
Subdivision 1st Addition; 2388 Beaver Lake Loop Road. (Kodiak Island
Housing Authority)
Seven (7) public hearing notices were mailed on October 1, 1987.
Date of site visit: October 2, 1987
1. Applicant: Kodiak Island Housing Authority
2. Land Owner: Same.
3. Request: For an exception from Section 17.19.020 (Permitted Uses) of
the Borough Code to utilize a lot in the R2--Two-Family
Residential Zoning District for fenced and screened outdoor
storage for use by the property owners in the same block.
4. Purpose:
To permit the use of a R2--Two-Family Residential zoned lot
for outdoor storage by the residents of Block 1, Lakeside
Subdivision 1st Addition.
S. Existing Zoning: R2--Two-Family Residential
6. Zoning History: The 1968 Comprehensive Plan identifies this area as
Residential -Unclassified. Rezoned to RR by Ordinance
80-9-0. Rezoned to RR1 by Ordinance 83-15-0. Rezoned to
R2 by Ordinance 85-99-0(A). Departmental files indicate
no further activity.
7. Location:
Physical: 2388 Beaver Lake Loop Road.
Legal: Lot 8, Block 1, Lakeside Subdivision 1st Addition
8. Lot Size: 7,200 square feet
9. Existing Land Use: Vacant lot
CASE 87-051 1 OCTOBER 21, 1987 P62
ITEM VI -C
10. Surrounding Land Use and Zoning:
North: U.S. Survey 3467
Use: Vacant
Zoning: PL --Public Use Lands
South: Lots 9A and 9B, Block 1, Lakeside 1st Addition
Use: Zero -lot -line single-family residences
Zoning: R2--Two-Family Residential
East: Lots 8A and 9A, U.S. Survey 3466
Use: 8A: Vacant; 9A: single-family residence
Zoning: RR1--Rural Residential One
West: Lot 7B, Block 1, Lakeside 1st Addition
Use: Zero -lot -line single-family residence
Zoning: R2--Two-Family Residential
11. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area for Public
and Open Space.
12. Applicable Regulations: The following sections of Title 17 (Zoning)
of the Borough Code are applicable to this request:
17.19.020 Permitted uses. The following land uses are permitted in the
two-family residential district:
A. Accessory buildings;
B. Beauty shops;
C. Churches;
D. Clinics;
E. Greenhouses;
F. Home occupations;
G. Hospitals;
H. Parks and playgrounds;
I. Professional offices;
J. Schools;
K. Single-family dwellings; and
L. Two-family dwellings.
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, industrial and energy
facilities - if permitted under applicable regulations.
Consistent: Not applicable. This action does not involve
construction or operation of a port, dock or energy
facility, etc.
CASE 87-051
2 OCTOBER 21, 1987 P&Z
ITEM VI -C
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.
3. 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
dredge or fill.
4. Facility Design
Developments 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 industrial areas and major public transportation routes and
between industrial development and adjacent, non -industrial properties
in order to minimize conflicts between land uses.
Consistent: Yes. This subdivision includes provisions for greenbelts
and tree protection areas. This action will not change
these provisions.
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: Yes. This activity does not involve a shoreline
location.
CASE 87-051
3 OCTOBER 21, 1987 P&Z
ITEM VI -C
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
fill or drainage of water bodies.
COMMENTS:
The purpose of this request is to permit the use of a lot zoned R2--Two-Family
Residential for outdoor storage. The storage area will only be for the use of
residents in Block 1 of Lakeside Subdivision 1st Addition. Lot 8 is the only lot
in the block that has not been developed with a zero -lot -line single-family
residence. The use of this lot for storage will be limited to the residents of
Block 1, Lakeside Subdivision 1st Addition. Typical items stored would include
boats, campers, vehicles, ATVs, etc. The lot will be screened by a five (5) foot
solid wood fence.
In order to grant an exception, the Commission must find that the use proposed in
the application meets all of the following:
1. That the use as proposed in the application, or under appropriate conditions
or restrictions, will not (A) endanger the public's health, safety or general
welfare, (B) be inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the neighborhood.
A. It appears that the proposed use, possibly under appropriate conditions,
will not endanger the public's health, safety, or general welfare.
Conditions of approval merit consideration because commercial land uses
(i.e., outdoor storage) have the potential to detract from the use of
the land and adjoining properties for residential purposes. Methods of
limiting such conflicts include screening and fencing. The use of Lot 8
for screened storage will provide a benefit to residents of the block
and should enhance the public's safety and general welfare by relocating
stored boats, campers, etc., from the nearby streets to a nonobtrusive
off-street location.
B. Whether this request is consistent with the general purposes and intent
of Title 17 is debatable.
On one hand the proposed use will be inconsistent with the general
purposes and intent of Title 17 and with the specific description and
intent of Chapter 17.19, the R2--Two-Family Residential Zoning District.
Section 17.03.080 specifies that uses not listed as a permitted uses are
prohibited. Outdoor storage is not listed as a permitted use in the R2
Zoning District. Moreover, the description and intent of the R2 Zoning
District (Section 17.19.010) specifies that the intentions of this
district are to encourage the construction of single and two-family
dwellings, to prohibit commercial and industrial land uses which would
interfere with the development or continuation of single and two-family
dwellings in the district, and to encourage the discontinuance of
CASE 87-051
4 OCTOBER 21, 1987 P&Z
ITEM VI -C
existing uses that are not permitted under the provision of this
chapter. The applicant's exception request is not consistent with this
description and intent of the R2 Zoning District. The use is commercial
and one appropriate option is an investigation into a rezone of the site
to a classification that permits the land uses desired by the applicant.
Conversely, the proposed use may be considered to be consistent with the
general purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.19, the R2 Zoning District, if
appropriate conditions of approval are placed on the exception. The use
may be considered consistent because (1) no structures will be erected;
(2) the storage can be easily removed; (3) the storage is for the
residents personal property only; (4) a storage area can be considered
an integral part of a housing project development; (5) the lot will be
screened; and (6) storage on this lot will alleviate the existing
storage and parking problem on nearby streets.
C. The proposed use should not adversely impact other properties or uses in
the neighborhood. The storage is for the use of the residents of the
block and will be screened from these residences and surrounding
properties. Provided this screening is maintained the use of the lot
for outdoor storage should not adversely impact other properties and
uses in the area.
RECOMMENDATION:
Staff finds that this request does meet the standards for an exception and
recommends that the Commission grant this request.
APPROPRIATE MOTION:
Should the Commission agree with the staff recommendation, the appropriate motion
is:
Move to grant a request for an exception from Section 17.19.020 of the
Borough Code to permit a lot in the R2--Two-Family Residential Zoning
District (Lot 8, Block 1, Lakeside Subdivision First Addition) to be used for
outdoor storage by the residents of Block 1, Lakeside Subdivision First
Addition, subject to the condition of approval outlined in the staff report
dated October 5, 1987, and to adopt the findings contained in the staff
report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. The lot must provide screening approved by the Planning and Zoning
Commission along Beaver Lake Loop Road and Von Scheele Way for the
entire time that outdoor storage is present on the lot.
CASE 87-051
5 OCTOBER 21, 1987 P&Z
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Kodiak Island Borough
Karen King, Executive Director
Kodiak Island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
P.O. BOX 1246
KODIAK, ALASKA 99615-1246
PHONE (907) 486-5736
October 7, 1988
Re: CASE 87-051. Request for a two (2) year extension of an
exception from Section 17.19.020 (Permitted Uses) of the
Borough Code which permits the utilization a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in the
same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition;
2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority)
Dear Ms. King:
Please be advised that the request referenced above has been
scheduled for review and action by the Planning and Zoning
Commission at their October 19, 1988 regular meeting. This meeting
will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill
Bay Road, Kodiak, Alaska. Attendance at this meeting is
recommended.
The week prior to the regular meeting, on Wednesday, October 12,
1988, at 7:30 p.m. in the Borough conference room, the Commission
will hold a worksession to review the packet material for the
regular meeting. You are invited to attend this worksession in
order to respond to any questions the Commission may have regarding
this request.
If you have any questions, please call the Community Development
Department at 486-5736, extension 255.
Sincerely,
Patricia Miley, Se4retary
Community Development Department
Kodiak Island Borough
Karen King
Kodiak Island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
P.O. OOR 1x46
KODIAK, ALASKA 99615.1246
PHONE (907) 466-5736
October 4, 1988
Re: CASE 87-051. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to utilize a lot in the
R2--Two-Family Residential Zoning District for fenced and
screened outdoor storage for use by the property owners in the
same block. Lot 8, Block 1, Lakeside Subdivision 1st Addition;
2388 Beaver Lake Loop Road.
Dear Ms. King:
The Planning and Zoning Commission granted the exception request
cited above on October 21, 1987. Section 17.65.080 of the Borough
Code specifies that failure to utilize an approved exception within
twelve (12) months after its effective date shall cause its
cancellation.
This exception will expire on October 21, 1988. If zoning
compliance and/or a building permit has not been issued on or before
the expiration date, the exception will be cancelled.
If there is a desire to pursue the proposed development after the
expiration date, it will be necessary to make a new exception
application to the Planning and Zoning Commission. This means that
a new public hearing will be held on the request and that an
additional fee will be required.
If you desire further clarification of this matter, please do not
hesitate to contact the Community Development Department.
Sincerely,
Patricia Miley, Secretary
Community Development Department
Kodiak Island Borough
710 MILL BAY ROAD
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
Kodiak Island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
Re: Case 87-051. Lot 8, Block 1, Lakeside Subdivision 1st Addition
To Whom It May'Concern:
July 7, 1988
As you may be aware, the Planning and Zoning Commission granted a request for an
exception to utilize the above -referenced lot for fenced and screened outdoor
storage (for use by the property owners in the same block) on October 21, 1987.
Section 17.65.080 of the Borough Code specifies that failure to utilize an
approved exception within twelve (12) months after its effective date shall cause
its cancellation.
The purpose of this letter is to remind you that zoning compliance and/or a
building permit for the development must be obtained within the twelve (12) month
time limit or the exception will be cancelled. Since it is now the ninth (9th)
month, please contact the Community Development Department as soon as possible so
that we may assist you in applying for the necessary permits.
If you desire further clarification of this matter, please do not hesitate to
contact Linda Freed or Duane Dvorak at 710 Mill Bay Road Room 204 or call
486-5736.
Sincerely,
Patricia Miley, Secetary
Community Development Department
RICHARD MACINTOSH, on hizt own behalf, appeared before the
Commisaiorcond expressed osition to this request.
DAVE'I+he r -on his own. b half, appeared before the Commission and
expreesedopposition to thio request.
CHRIS PROVOST; representing the Kodiak Audobon Society (RAS),
appeared before the Commission and expressed opposition to this
request.
The Coastal Management Program Consistency Review Public Hearing
Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO recommend that the proposed
resource extraction and support activities are generally consistent
with the KIBCMP provided the following stipulations are
incorporated into the annual placer mining permit:
CONDITIONS OF APPROVAL
1. The applicant obtains an Alaska Coastal Management Program
Consistency Determination from the State of Alaska Office of
Management and Budget, Division of Governmental Coordination
(OMB-DGC).
2. All required State of Alaska, federal, and local permits are
in place prior to beginning any mining activities.
3. The proposed activity is only consistent with the Kodiak
Island Borough Coastal Management Program (KIBCMP) if all
conditions of approval attached to the Kodiak Island Borough
conditional use permit are adhered to.
The motion was seconded and FAILED by unanimous roll call vote.
Commissioners Thompson, Heinrichs, Mendel, Rennell, Anderson, and
Knudsen voted "no."
CHAIRMAN RENNELL recessed the meeting for ten minutes.
CHAIRMAN RENNELL reconvened the meeting at 10:00 p.m.
C) CASE 87-051., Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to utilize a lot in the
R2--Two-Family Residential Zoning District for fenced and screened
outdoor storage for use by the property owners in the same block.
Lot 8, Block 1, Lakeside Subdivision lst Addition; 2388 Beaver Lake
Loop Road. (Kodiak Island Housing Authority)
BOB PEDERSON indicated 7 public hearing notices were mailed for
this case and the responses were included in the packets. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for an exception
from Section 17.19.020 of the Borough Code to permit a lot in the
R2--Two-Family Residential Zoning District (Lot 8, Block 1,
Lakeside Subdivision First Addition) co be used for outdoor storage
by the residents of Block 1, Lakeside Subdivision First Addition,
subject to the condition of approval outlined in the staff report
dated October 5, 1987, and to adopt the findings contained in the
staff report as "Findings of Fact" for this case. The motion was
seconded and CARRIED by unanimous roll call vote.
Planning & Zoning Commission
14 October 21, 1987 Minutes
r
CONDITION OF APPROVAL
1. The lot must provide screening approved by the Planning and
Zoning Commission along Beaver Lake Loop Road and Von Scheele
Way for the entire time that outdoor storage is present on the
lot.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A) endanger
the public's health, safety or general welfare, (B) be
inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in the
neighborhood.
A. It appears that the proposed use, possibly under
appropriate conditions, will not endanger the public's
health, safety, or general welfare. Conditions of
approval merit consideration because commercial land uses
(i.e., outdoor storage) have the potential to detract
from the use of the land and adjoining properties for
residential purposes. Methods of limiting such conflicts
include screening and fencing. The use of Lot 8 for
screened storage will provide a benefit to residents of
the block and should enhance the public's safety and
general welfare by relocating stored boats, campers,
etc., from the nearby streets to a nonobtrusive
off-street location.
B. Whether this request is consistent with the general
purposes and intent of Title 17 is debatable.
On one hand the proposed use will be inconsistent with
the general purposes and intent of Title 17 and with the
specific description and intent of Chapter 17.19, the
R2--Two-Family Residential Zoning District. Section
17.03.080 specifies that uses not listed as a permitted
uses are prohibited. Outdoor storage is not listed as a
permitted use in the R2 Zoning District. Moreover, the
description and intent of the R2 Zoning District (Section
17.19.010) specifies that the intentions of this district
are to encourage the construction of single and
two-family dwellings, to prohibit commercial and
industrial land uses which would interfere with the
development or continuation of single and two-family
dwellings in the district, and to •encourage the
discontinuance of existing uses that are not permitted
under the provision of this chapter. The applicant's
exception request is not consistent with this description
and intent of the R2 Zoning District. The use is
commercial and one appropriate option is an investigation
into a rezone of the site to a classification that
permits the land uses desired by the applicant.
Conversely, the proposed use may be considered to be
consistent with the general purposes and intent of Title
17 and with the specific description and intent of
Chapter 17.19, the R2 Zoning District, if appropriate
conditions of approval are placed on the exception. The
use may be considered consistent because (1) no
structures will be erected; (2) the storage can be easily
removed; (3) the storage is for the residents personal
property only; (4) a storage area can be considered an
integral part of a housing project development; (5) the
lot will be screened; and (6) storage on this lot will
alleviate the existing storage and parking problem on
nearby streets.
The proposed use should not adversely impact other
properties or uses in the neighborhood. The storage is
for the use of the residents of the block and will be
Planning 4 Zoning Commission
15 October 21, 1987 Minutes
screened from these residences and surrounding
properties. Provided this screening is maintained the
use of the lot for outdoor storage should not adversely
impact other properties and uses in the area.
D) CASE 87-052. Request for a variance from Section 17.54.010(A)
(Height -Extension onto Public Property) of the Borough Code co
permit a six (6) foot fence with a solid vertical surface to locate
in the front yard along the left side property line of Lot 5, Block
52, East Addition; 1614 Simeonoff Street. (Robert and Brenda
Williams)
BOB PEDERSON indicated 30 public hearing notices were mailed for
this case and 3 were returned in favor of this request. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
WAYNE COLEMAN, an adjacent property owner, appeared before the
Commission and expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER THOMPSON MOVED TO GRANT a request for a variance from
Section 17.54.010(A) of the Borough Code to permit a six (6) foot
fence with a solid vertical surface above a height of two (2) feet
to locate in the R1--Single-Family Residential Zoning District
along the left side property line of Lot 5, Block 52, East Addition
and to adopt the findings contained in the staff report (dated
October 2, 1987) as "Findings of Fact" for this ease. The motion
was seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable to
the . property or intended use of development, which generally
do not apply to other properties in the same land use
district.
The exceptional condition applicable to the intended use of
the property is largely a perceptual one. Typically, the
average property owner assumes that they should be able to
erect a solid fence of reasonable height on their property. A
six (6) foot fence provides visual and noise separation and
often is incorporated into the landscaping of the yard.
Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would only allow a
fence to a height of four (4) feet and without a solid
vertical surface in the front yard. This is an unnecessary
hardship when many other fences (some higher than 4 feet and
some with a solid surface) in the community have been erected
in front yards without first receiving a variance. The
Commission has also granted variances in the past for fences
to exceed the maximum height requirements.
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 not be detrimental to the
public's health, safety or welfare because the fence will not
pose a line of sight problem along Simeonoff Street or to the
neighboring driveway either due to its height or placement.
Planning & Zoning Commission
16 October 21, 1987 Minutes
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KODIAK, ALASKA 99615
ditional Use Permit
Exception .
( ) Variance
( ) Zoning Change: From: To:
CODE SECTION INVOLVED: I7, /% 027
NOTE: The application fee for all items covered by this form is 550.
Conditional Use Permits, Exceptions, and Variance Applications also require
the submission of a site plan.
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City, State, Zip
PROPERTY:
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Subdivision Name
United States Survey Section, Township, Range, S.M.
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1 have been advised of the procedurs ir:voivec with this request and have
received a copy of the appropriate gu:aticns.
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Authorized .sent
Date Application Acceptea: %/
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RECEIVED .
FROM
CASH RECEIPT
Kodiak Island Borough 11629
710 UPPER MILL BAY ROAD
KODIAK, ALASKA 99615-6340
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Marlin Knight
Kodiak Island Housing Authority
2815 Woody Way
Kodiak, Alaska 99615
Kodiak Island Borough
710 MILL BAY ROAD •
KODIAK, ALASKA 99615-6340
PHONE (907) 486-5736
October'1, 1987
RE: CASE 87-051. Request for an exception from Section 17.19.020 (Permitted
Uses) of the Borough Code to utilize a lot in the R2--Two-Family Residential
Zoning District for fenced and screened outdoor storage for use by the
property owners in the same block. Lot 8, Block 1, Lakeside Subdivision lst
Addition; 2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority)
Dear Marlin:
Please be advised that the above -referenced request has been scheduled for review
and action by the Planning and Zoning Commission at their October 21, 1987 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
recommended.
The week prior to the regular meeting, on
7:30 p.m. in the Borough conference room, the
to review the packet material for the regular
this worksession in order to respond to any
regarding this request.
Wednesday, October 14, 1987, at
Commission will hold a worksession
meeting. You are invited to attend
questions the Commission may have
If you have any questions, please call the Community Development
486-5736, extension 255.
Sincerely,
Patricia Miley, Secretary
Community Development Department
Department at
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPART. -..,..I
710 Mill Bay Road
Kodiak, Alaska 99615
ITEM VI -C
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, October 21, 1987. The meeting
will begin at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road,
-Kodiak, Alaska, before the Kodiak Leland Borough Planning and Zoning
Commission,• to hear comments, if any, on the' following request:
CASE 87-051. Request for an exception from Section 17.19.020 (Permitted Uses)
of the Borough Code to utilize a lot in the R2--Two-Family Residential Zoning
District for fenced and screened outdoor storage for use by the property
owners in the same block. Lot 8,'Block 1, Lakeside Subdivision 1st Addition;
2388 Beaver Lake Loop Road. (Kodiak Island Housing Authority)
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.
You are being notified because you are a property owner. in the area of the
request. If you have any questions about the request, please call us at
486-5736, extension 255. '
Your Name: Mailing'Address:
Your property description:
Comments:
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2815 WOODY WAY
KODIAK AK 99615
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KODIAK AK 99615
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KODIAK AK 99615
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KODIAK AK 99T15
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KODIAK AK 99615
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FIELDS,DONALD K & MARSHA
P.O. BOX 2695
KODIAK AK 99615
TETEEDUNCAN & EDNA RUTH
P.O. BOX 2012
KODIAK AK 99615
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KODIAK ISLAND BOROUGH
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