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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 C s• 447 ro a s. WRVS le 3446 0.5. 5zJ. ver 3467 /0 R 60.83, AMENDED PLAT DATE — c i S ZONING kEy RSS/0477A L • r 4. "•-••„:..1.,C• •••• ..•••••••-•-•-....,.3• • ••. "• n 'ff, •Li; • \ 'A;I <d,r_�! 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 NG -KEY \� • • 1 -�ltl -21'\ —I/ •- t\ !�11/moi\\\ E LOOP ROAD Wl'f:at NSQ�:a9 e�• 4• DRIVE' DARK LAKE /1‘...:‘,,./11'••-,/f •�' I \ ;ELIEF" VC -- 1... l----�- /1‘...:‘,,./11'••-,/f •�' I \ ;ELIEF" LP hUOi„K ISLAND 60aOUGH POST OFFICE BOX 1246 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. 4/t4ec LP frnGH r y APPLICANT: rC4 .7cA.6/ gesmS 4v` w'rty New 1-975- Wcre4L1 Wow Address Wcfacc/� inr City, State, Zip PROPERTY: Lot 3967 Block Home Telephone - gt l t Work Telephone MALI Subdivision Name United States Survey Section, Township, Range, S.M. PRESENT USE OF PROPERTY: 4.:0446- PROPOSED t.f PROPOSED USE OF PROPERTY: ll 01,trvlri4i, 'Ga /oi jn el J 1 have been advised of the procedurs ir:voivec with this request and have received a copy of the appropriate gu:aticns. 7/ Authorized .sent Date Application Acceptea: %/ CDl RECEIVED . FROM CASH RECEIPT Kodiak Island Borough 11629 710 UPPER MILL BAY ROAD KODIAK, ALASKA 99615-6340 PHONE (907) 4865736 kR.z..1-cE k: n? DATE cNk C 5 1981 -000-101-10-00 CASH �'.y µ4" ,} 010 - 000 - 105 - 01 - 00 PROPERTY TAX, REAL ;�'p1.4th 010 -000 - 105 - 06 - GO PROPERTY TAX, PERSONAL fti'J�c.Til 1;•4&, U -",,Til it ,L t q' I I 010 - 000 - 111 - 61 - 00 PROPERTY TAX, LIENS tts.1 }�.r� Vii, 010 - 000 - 107 - - 00 PERSONAL TAX, LIENS I ✓ ' 040 -. 000 - 371 - 11 - 00 LAND SALE, PRINCIPAL >i" * -"• sP.� t t 040 - 000 - 371 - 12 - 00 LAND SALE, INTEREST n• •06 11-/Nrc S'f Irl'>"+?�'�' (AK IirIIN'L i.RhM,“ '6 7--. 051 - 000 - 115 - 00 - 00 WATER tJhi 052-000-115-00-00 SEWER yI�.E Lf' 010 - 000 - 319 - 10 - 00 PENALTIES, INTEREST irv.r1 '1 `"i` ir1 I ATTACHED./.,- PER ATTACHEDT il:il%i� �t I 1 Z\S -0' C1( i.4-+11.LCn-/ ! +tik �L14co3Z 00 i `7b I i ' 0. Ix<54I CONDITIONS OF CHECK PAYMENTS TOTAL O PAYMENTS TENDERED BY CHECK FOR OBLIGATIONS DUE 70 1 I 4-4\ pC � I I THE BOROUGH ARE SATISFIED ONLY UPON THE CHECK BEING HONORED. RETURNED CHECKS FOR ANY REASON RESTORES THE OBLIGATION AS UNPAID AND SUBJECTS THE PAYER 70 ANY CHARGES, FEES OR OTHER LEGAL LIABILITIES AS MAY BE APPLICABLE. CASHIER (----en A r -Z 07s PAYOR �] PAYMENT MADE BY: I✓1 CHECK NO. 1 AZ -.- CASH CASH F— OTHER PMD8-51181$ 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: • N .01 .••••••••; c-. / ••••. • ••.-.•• • -.•; . &'. •:•.*:. :::: •J •' . :IS -c, •••••••••••••••••••••!•••••••••• ' '•': f • VJek,�..,'. ZCC. • BemeR SUR • I . f. j E LOOP ROAD 'ZN q ? R AH�tM.a \ P3d.:�p omafr �Gt:c��Rdi DARK LAKE . Co' • I.^.r �y�.i‘,1%,;.1 SEUEF ;;C /: 5 2 3 5 6 a 9 10 2 2 2 2 2 2 2 2 31 32 3 3 3 4 4 4 4 Z.7485000131 nKUOTAX-TSL HS-G__.w-fORITY 2815 WOODY WAY KODIAK AK 99615 R7484030110 -KOUTAX-fl-AND BOROUGH 710 MILL BAY ROAD KODIAK AK 99615 _ R7485000011 LCOE, EDWARD A P.O. BOX 2061 KODIAK AK 99615 R1453000009 31- c/ KUDIAK ISLAND BOROUGH KIB 2 710 MILL BAY RD 1 194-- Pa -OS KODIAK AK 99T15 R7475000060 BREWER,CARL M E LISA DEAN P.O. BOX 2247 KODIAK AK 99615 i R7475000100 R7475000070 FIELDS,DONALD K & MARSHA P.O. BOX 2695 KODIAK AK 99615 TETEEDUNCAN & EDNA RUTH P.O. BOX 2012 KODIAK AK 99615 i R7475000110 R7475000080 KODIAK ISLAND BOROUGH KIB 28 710 MILL BAY RD -FTE- AoacAN :'NA RUT! P O. BO 201 AK AK 99615 KODIAK AK 99615 R7475000090 tor IAS�� -ntrw, lzY it = kid S" a;o I i o ✓ —a rt?t - uss • • CASE 87-051 Lot 8, Block 1 Lakeside 1st Add. R= 500' • • • Kodiak Island Housing Authority ZONING KEY RESIDENTIAL R -I RESIDENTIAL R-2 RESIDENTIAL R-3 RURAL RESIDENTIAL BUSINESS INDUSTRIAL CONSERVATION E PUBLIC USE LANDS WATERSHED • • IVIS1O TION • Z‘/-•1 � ., • $�P SUR