LAKESIDE 2ND LT 1C - VarianceBrief discussion and COMMISSIONER SCHMITT reiterated that staff look into rezoning the
area.
CONDITIONS OF APPROVAL
[1] Consistent with Kodiak Island Borough Code 16.60.060, the easement vacations must
receive City of Kodiak approval prior to becoming effective.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of
plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans
for this area.
ROLL CALL ON MOTION CARRIED UNANIMOUSLY
C) CASE 14-008. Request a variance to allow up to a zero (0) foot side yard setback
for a warehouse adjoining a public road right-of-way on Lot 1C, Lakeside
Subdivision, 2nd Addition pursuant to KIBC 17.195.050. The applicant is Musk Ox
Storage, LLC. The agent is Chris Wing. The location is 2430 Beaver Lake Drive. The
zoning is I -Industrial.
Pederson reported this variance was initiated with staff with the cooperation of the
applicant that will allow a building that's already under construction to have the
appropriate variance for the setbacks so it's a conforming structure in the future. Because
of the history of what happened it does meet the requirements of a variance, Staff
recommends approval.
COMMISSIONER SCHMITT MOVED to grant a variance to allow up to a zero (0) foot side
yard setback for a warehouse adjoining a public road right-of-way on Lot 1C, Lakeside
Subdivision, 2nd Addition pursuant to KIBC 17.195.050, and to adopt the Findings of Fact
contained in the staff memorandum, as "Findings of Fact" for Case No. 14-008.
The public hearing was opened. Public testimony was given by:
Chris Wing stated this project was started a couple of years ago with Cassidy as Director
and he also worked with Duane Dvorak to work through the zoning compliance permits; he
got the building permit, did the engineering and got the financing. Then we were issued a
stop work order. In hindsight it seems a reasonable response to the situation. The new
director seen the problem and if it's fixed so down the road it won't be an issue. We're
proceeding as the zoning compliance is now if this is approved. It says zero foot setback;
the footings actually stick out three feet underneath the walls so those are close to the
property line and the wall is three feet back. Wing feels the variance should be granted.
In response to COMMISSIONER SCHMITT inquiry of the site plan showing a utility
easement on the opposite side of the lot from where your warehouse will go; SCHMITT just
wanted to confirm that there aren't any easements underneath the building, is that correct?
Wing responded that is correct, that utility easement is for water and sewer to Lot 1D
which we also own. When we started the construction we stubbed in the water and sewer
to that lot so it would be out of the way when this construction started so construction
wouldn't be interrupted.
P&Z Minutes
Page 3 of 9 October 16, 2013
In response to COMMISSIONER SCHMITT'S question of is this a solid wall that's all along
Beaver Lake Drive, Wing responded that it's a solid wall with one man door that goes to a
boiler room; that's the only door on that side and has no interior doors.
Sam Rohrer stated he's right down from Wing's property and wanted to show his support
for Wing's project and asked that the commission approve his variance.
Chaco Pearman stated he's also a property owner in the area and he's there to support
Wing's variance and hopes the commission grants it. It will be good for the borough that
will collect a lot of property taxes off it when it's done plus it will help develop the area in a
manner that fits in with the rest of the area.
During discussion there was consensus on the requirements being met. COMMISSIONER
SCHMITT commended Wing on the cleanup that has been done to improve the area and
add to the tax base. CHAIR TORRES said in the future there needs to be more attention paid
so these issues don't come up again.
FINDINGS OF FACT
17.195.050 A.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 other
properties in the same land use district;
The exceptional condition applicable to the property and its intended use is the fact that
Zoning Compliance Permit BZ -2012-041 was issued in error with a zero (0) foot side yard
setback along a property line abutting a public road right-of-way. The twenty (20) foot side
yard setback requirement pursuant to 17.105.040.B may only be reduced to less than
twenty (20) feet for approved firewall construction between adjoining structures. As a
street side corner lot, no adjoining structure can be constructed on the road right-of-way
side of the subject property line.
17.195.050 A.2. That the strict application of the provisions of this title would result in
practical difficulties or unnecessary hardship;
Strict application of the twenty (20) foot side yard setback requirement would result in an
unnecessary hardship on the property owner. The error was the result of Borough action.
The property owner has commenced construction and expended funds in reliance on the
zoning compliance approval and subsequent building permit.
17.195.050 A.3. That the granting of the variance will not result in material damage or
prejudice to other properties in the vicinity nor be detrimental to the public's health, safety
or general welfare.
Granting the variance will not materially damage or prejudice other properties in the
vicinity or be detrimental to the public's health, safety, or general welfare, as all building
code requirements will be met.
17.195.050 A.4. That the granting of the variance will not be contrary to the objectives of
the comprehensive plan:
Granting the variance will not be contrary to the objectives of the comprehensive plan.
17.195.050 A.5. That actions of the applicant did not cause special conditions or financial
hardship or inconvenience from which relief is being sought by a variance; and
The special condition from which relief is being sought was caused by an administrative
error on the part of the Borough.
P&Z Minutes Page 4 of 9 October 16, 2013
17.195.050 A.6. That granting the variance will not permit a prohibited land use in the
district involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the (-
Industrial zoning district.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) CASE 14-006. Request a Screening Review for a combination of six (6) foot high
chain link fencing and Sitka spruce trees along the west side of the lot as adequate
screening. The applicant is Musk Ox Storage, LLC. The agent is Chris Wing. The
location is 2430 Beaver Lake Drive. The zoning is I-Industrial.
Maker reported staff feels the applicant's proposal is adequate screening between his
property's warehouse and the adjacent residentially zoned lots. Staff noticed the
applicant's site plan did locate the trees in the right-of-way. To ensure that issue is
addressed staff recommends approval of the proposed screening plan with the adoption of
a specified condition of approval to ensure all the trees and fencing are located completely
on his parcel.
COMMISSIONER SCHMITT MOVED to approve a combination of six (6) foot high chain link
fencing and Sitka spruce trees along the west side of Lot 1C, Lakeside Subdivision, 2nd
Addition as adequate screening (KIBC 17.105.060.G), subject to one (1) Condition of
Approval.
The public hearing was opened. Public testimony was given by:
Chris Wing stated to the best of his knowledge this screening is to guard against industrial
use bothering the residential use that borders it. The elevation of the lot is about 12 feet
higher than the road surface of Von Scheele. Residential use is on the back side of the
building but there's no traffic there so that side is shielded, as we come around on Von
Scheele up to the electrical easement, on the other side of the easement is the end of the
fence and the driveway starts there so that fencing will shield the residential side. The
elevation, natural vegetation, and the chain link fence should provide adequate screening.
The other side is Threshold Recycling and we owns Lot 1D which is also zoned Industrial
screening is not required. In reading the description of required screening they like natural
vegetation and it seems like the logical choice.
Sam Rohrer stated he pointed out as a professional landscaper; Spruce trees are more than
adequate for screening. His lot down the road is also screened with Spruce trees so it fits in
nicely with what the other area has.
CONDITION OF APPROVAL
1. The combination of six (6) foot high chain link fencing and Sitka spruce trees shall be
located entirely within the boundaries of the subject parcel.
COMMISSIONER SCHMITT commended Mr. Wing once again so this will be a big addition
and improvement to the area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E) CASE 14-005. Request an Appeal of an Administrative Decision ordering the
cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor
storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot
1 & 2, Block 1400, United States Survey 2539 (KIBC 17220). The applicant is the
P&Z Minutes Page 5 of 9 October 16, 2013
October 17, 2013
Musk Ox Storage, LLC
Christ Wing
PO Box 2827
Kodiak, AK 99615
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kib.co.kodiak.ak.us
Re: Case 14-008. Request for a variance to allow up to a zero (0) foot side yard setback for a
warehouse adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd
Addition pursuant to KIBC 17.195.050.
Dear Mr. Wing:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on October 16,
2013 granted the variance request cited above.
This approval does not allow any construction to begin. Zoning compliance and/or a building
permit must first be obtained. Failure to utilize an approved variance within twelve (12) months
after its effective date shall cause its cancellation. Please contact this office for further details.
An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a
written notice or submitted timely written comments or gave oral testimony at the public hearing
before the Commission, by filing a written notice of appeal with the Borough Clerk within ten
(10) working days of the date of the Commission's decision. The notice of appeal must state the
specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the
appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until
ten (10) working days following the decision.
This letter shall constitute the variance. Please bring it when you come to our office to obtain
zoning compliance for any construction on the property.
The Commission adopted the following findings of fact in support of their decision:
17.195.050 A.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 other
properties in the same land use district:
The exceptional condition applicable to the property and its intended use is the fact that
Zoning Compliance Permit BZ -2012-041 was issued in error with a zero (0) foot side yard
setback along a property line abutting a public road right-of-way. The twenty (20) foot
side yard setback requirement pursuant to 17.105.040.B may only be reduced to less than
twenty (20) feet for approved firewall construction between adjoining structures. As a
street side corner lot, no adjoining structure can be constructed on the road right-of-way
side of the subject property line.
17.195.050 A.2. That the strict application of the provisions of this title would result in
practical difficulties or unnecessary hardship;
Strict application of the twenty (20) foot side yard setback requirement would result in an
unnecessary hardship on the property owner. The error was the result of Borough action.
The property owner has commenced construction and expended funds in reliance on the
zoning compliance approvaland subsequent building permit.
17.195.050 A.3. That the granting of the variance will not result in material damage or
prejudice to other properties in the vicinity nor be detrimental to the public's health safety
or general welfare:
Granting the variance will not materially damage or prejudice other properties in the
vicinity or be detrimental to the public's health, safety, or general welfare, as all building
code requirements will be met.
17.195.050 A.4. That the granting of the variance will not be contrary to the objectives of
the comprehensive plan;
Granting the variance will not be contrary to the objectives of the comprehensive plan.
17,195.050 A.S. That actions of the applicant did not cause special conditions or financial
hardship or inconvenience from which relief is being sought by a variance: and
The special condition from which relief is being sought was caused by an administrative
error on the part of the Borough.
17.195.050 A.6. That granting the variance will not permit a prohibited land use in the
district involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the (-
Industrial zoning district.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486-9363.
Sincerely,
Robe, t H. Pederson, AICP
Director, Community Development Department
c
0
3 ALASKA
October 3, 2013
Musk Ox Storage, LLC
c/o Chris Wing
P.O. Box 2827
Kodiak, AK 99615
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
(907) 486-9396
http://www.kodiakak.us
RE: P&Z Case 14-008 — Setback Variance, Lot 1C, Lakeside Subdivision 2"d Addition
Mr. Wing:
This letter is to confirm that you may continue ongoing construction. under Zoning
Compliance Permit (ZCP) BZ2012-041, at your own risk, until such time as the Kodiak
Island Borough Planning Commission renders its decision on the above referenced
variance application. The P&Z public hearing and decision on this variance is scheduled
for October 16, 2013 and if approved, the variance will be effective on October 26,
2013.
Please contact should you require any further assistance,
Sincerely,
Robert H. Pederson, AICP
Director
Kodiak Island Borough Community Development Department
evPNo 120,4_
(74:4-4t1-
0
ALASK
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
Kodiak Island Borough
Planning and Zoning Commission
SUMMARY STATEMENT
ITEM TITLE: Case 14 - 008. A variance to allow up to a zero (0) foot side yard setback for a
warehouse adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd Addition
pursuant to KIBC 17.195.050.
RECOMMENDED ACTION:
Staff recommends that this request meets all the conditions necessary, as reflected in the
Findings of Fact, for the granting of a variance under Chapter 17.195 (Variances) of the Borough
Code.
APPROPRIATE MOTION:
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to grant a variance to allow up to a zero (0) foot side yard setback for a warehouse
adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd Addition pursuant to
KIBC 17.195.050, and to adopt the Findings of Fact contained in the staff memorandum, as
"Findings of Fact" for Case No. 14-008.
Case No. 14 — 008 Summary Statement
fr
KIB Location & Zoning Map
Image Overlay
Case No. 14-008
Applicant: Chris Wing
WNW
Request: A variance to allow up to a zero (0) foot side
yard setback for a warehouse adjoining a public road
right-of-way on Lot 1C, Lakeside Subdivision, 2nd
DBA: Musk Ox Storage, LLC Addition pursuant to KIBC 17.195.050.
Legend
Subject Parcel - Industrial Zoning
CO
Zoning Legend
Public Use Lands 1 Rural Residential 1
R7 Watershed ® Rural Residential 2
Conservation Single Family Residential
Rural Residential Two Family Residential
Multi Family Residential j;r 71 Light Industrial
Business
Retail Business
Industrial
n Rural Neighborhood Commercial
111.1 Urban Neighborhood Commercial
Natural Use
Kodiak Island Borough GIS
Community Development Department
This map is provided for informational purposes
=__= Access Roads
http://www.kodiakak.us/gis (907) 486-9337
only and is not intended for any legal representations.
11011 Unconstructed Right of Ways
Case No. 14-008 Introduction Page 1 of 2
Image Overlay
Case No. 14-008
'Applicant: Chris Wing
DBA: Musk Ox Storage, LLC
Request: A variance to allow up to a zero (0) foot sid=
yard setback for a warehouse adjoining a public ro
right-of-way on Lot 1C, Lakeside Subdivision, 2nd
Addition pursuant to KIBC 17.195.050.
75
mage Overlay
Feet
150
300
Kodiak Island Borough GIS
http://www.kodiakak.uslgis (907) 486-9337
Community Development Department
This map is provided for informational purposes
only and is not intended for any legal representations
Case No. 14-008 Introduction Page 2 of 2
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
DATE: October 4, 2013
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the October 16, 2013 Regular Meeting
CASE: 14-008
APPLICANT: Chris Wing (DBA Musk Ox Storage, LLC)
REQUEST: A variance to allow up to a zero (0) foot side yard setback for a warehouse
adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd
Addition pursuant to KIBC 17.195.050.
LOCATION: 2430 Beaver Lake Drive, Kodiak, AK 99615
The department mailed sixteen (16) public hearing notices on September 23, 2013.
Date of site visit: Various
1. Zoning History: The 1968 Comprehensive Plan Identifies this area as Public
and Semi Public. The area was rezoned I -Industrial by KIB
Ordinance No. 80-14-0.
2. Lot Size: 23,281 square feet
3. Existing Land Use: Vacant
4. Surrounding Land Use and Zoning:
North: Lot 1D, Lakeside Subdivision, 2nd Addition
Use: Accessory Building
Zoning: I -Industrial
Lot 6 & 7A, United States Survey 3466
Use: Single Family Residence (Mobile Home)/Vacant
Zoning: RR1-Rural Residential One
South: Lot 22, 23 &24, Block 2, Selief Estates Subdivision
Use: Single Family Residence
Zoning: R-1 Single Family Residential
Lot 1, Block 3, Lakeside Subdivision
Use: Vacant
Zoning: I -Industrial
East: Lot 9 -Al, United States Survey 3466
Use: Single Family Residential
Zoning: R-1 Single Family Residential
Case No. 14 — 008 Staff Memorandum Page 1 of 6
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
Lot 9A, Block 1, Lakeside Subdivision, 1st Addition
Use: Zero Lot Line
Zoning: R-2 Two Family Residential
West: Lot 1B-2, Lakeside Subdivision, 2nd Addition
Use: Warehouse
Zoning: I -Industrial
Lot 1B-3, Lakeside Subdivision, 2"d Addition
Use: Warehouse (Self Storage)
Zoning: I -Industrial
5. Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive Plan
Update designates this area as Industrial/Light Industrial
and a combination of Commercial/Business, Public
Facilities/Ownership, and Rural and Urban Residential.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough
Code are applicable to this request:
Chapter 17.105
I — INDUSTRIAL DISTRICT
17.105.040 Yards.
B. Side Yards.
1. There shall be a side yard on each side of a principal building of not less than 20 feet,
except that approved fire wall installations between adjoining structures provide for
construction on the lot line.
Chapter 17.195
VARIANCES
17.195.010 Authority and purpose. The commission shall review and act upon applications for
variances. Variances are provided for by this chapter for the purpose of relaxing zoning district
requirements in special circumstances.
17.195.050 Approval or denial. Within 40 days after the filing of an application, the commission
shall render its decision, unless such time limit has been extended by common consent and
agreement of the applicant and the commission.
A. Approval. If it is the finding of the commission, after consideration of the investigator's
report and receipt of testimony at the public hearing, that the use proposed in the
application, or under appropriate conditions or restrictions, meets all of the following, the
variance shall be granted:
Case No. 14 — 008 Staff Memorandum Page 2 of 6
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
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 other
properties in the same land use district;
2. That the strict application of the provisions of this title would result in practical
difficulties or unnecessary hardship;
3. That the granting of the variance will not result in material damage or prejudice to
other properties in the vicinity nor be detrimental to the public's health, safety or
general welfare;
4. That the granting of the variance will not be contrary to the objectives of the
comprehensive plan;
5. That actions of the applicant did not cause special conditions or financial hardship or
inconvenience from which relief is being sought by a variance; and
6. That granting the variance will not permit a prohibited land use in the district
involved.
B. Denial. If the commission finds, after consideration of the investigator's report and
receipt of testimony at the public hearing, that it cannot make all of the required findings in
subsection A of this section it shall deny the variance.
17.195.060 Conditions. The commission, in granting the variance, may establish conditions
under which a lot or parcel of land may be used or a building constructed or altered; make
requirements as to architecture, height of building or structure, open spaces or parking areas;
require conditions of operations of an enterprise; or make any other conditions, requirements
or safeguards that it may consider necessary to prevent damage or prejudice to adjacent
properties or detrimental to the borough. When necessary, the commission may require
guarantees in such form as deemed proper under the circumstances to ensure that the
conditions designated will be complied with.
Case No. 14 — 008 Staff Memorandum Page 3 of 6
COMMENTS
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
This request for variance has been submitted in an effort to seek relief from a condition created
by an administrative error on the part of the Borough. On January 27, 2012 the applicant was
issued Zoning Compliance Permit (ZCP) BZ2012-0411, authorizing construction of a of sixty (60)
foot by one hundred (100) foot warehouse on a side lot line abutting a road right-of-way.
Staff's investigation into the applicant's August 28, 2013 screening review (Case No. 14-006)
revealed zoning compliance had been issued authorizing a zero (0) foot side yard setback for
the development. Staff has now determined the authorized setback to be contrary to !-
Industrial Zoning District standards.
A twenty (20) foot side yard setback requirement is established for the I -Industrial district
(17.105.040.B). This requirement may only be reduced to less than twenty (20) feet for
approved firewall construction between adjoining structures. This property is a street side
corner lot and no adjoining structure can be constructed on the road right-of-way side of the
subject property line; therefore, the side yard may not be reduced to less than twenty feet.
This requirement of KIB code was overlooked during the issuance of ZCP BZ -2012-041. Staff has
determined the permit was issued in error.
The applicant commenced development in reliance on the Zoning Compliance Permit issued by
the Borough. He has a substantial investment in planning and site preparation based on
constructing the warehouse approximately three feet from the subject property line2. In
addition, we are nearing the end of the 2013 construction season; further delays could put the
development off until the beginning of the 2014 season. In this case, strict application of the
twenty (20) foot side yard setback requirement would result in an unnecessary hardship on the
applicant due to a Borough administrative error.
Staff concludes that the existing special circumstances justify the approval of the requested
variance.
1 Appendix pg. 1-4 of 5
2 Appendix pg. 5 of 5
Case No. 14 — 008 Staff Memorandum Page 4 of 6
Pao eOA?
o
yy S
0
', ALASKA
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
RECOMMENDATION
Staff recommends that this request meets all the conditions necessary, as reflected in the
Findings of Fact, for the granting of a variance under Chapter 17.195 (Variances) of the Borough
Code.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to grant a variance to allow up to a zero (0) foot side yard setback for a
warehouse adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision,
2nd Addition pursuant to KIBC 17.195.050, and to adopt the Findings of Fact
contained in the staff memorandum, as "Findings of Fact" for Case No. 14-008.
Staff recommends that this motion be approved.
FINDINGS OF FACT
17.195.050 A.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 other
properties in the same land use district;
The exceptional condition applicable to the property and its intended use is the fact that Zoning
Compliance Permit BZ -2012-041 was issued in error with a zero (0) foot side yard setback along
a property line abutting a public road right-of-way. The twenty (20) foot side yard setback
requirement pursuant to 17.105.040.B may only be reduced to less than twenty (20) feet for
approved firewall construction between adjoining structures. As a street side corner lot, no
adjoining structure can be constructed on the road right-of-way side of the subject property
line
17.195.050 A.2. That the strict application of the provisions of this title would result in practical
difficulties or unnecessary hardship;
Strict application of the twenty (20) foot side yard setback requirement would result in an
unnecessary hardship on the property owner. The error was the result of Borough action. The
property owner has commenced construction and expended funds in reliance on the zoning
compliance approval and subsequent building permit.
17.195.050 A.3. That the granting of the variance will not result in material damage or prejudice
to other properties in the vicinity nor be detrimental to the public's health, safety or general
welfare;
Granting the variance will not materially damage or prejudice other properties in the vicinity or
be detrimental to the public's health, safety, or general welfare, as all building code
requirements will be met.
Case No. 14 — 008 Staff Memorandum Page 5 of 6
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
STAFF MEMORANDUM
17.195.050 A.4. That the granting of the variance will not be contrary to the objectives of the
comprehensive plan;
Granting the variance will not be contrary to the objectives of the comprehensive plan.
17.195.050 A.5. That actions of the applicant did not cause special conditions or financial
hardship or inconvenience from which relief is being sought by a variance; and
The special condition from which relief is being sought was caused by an administrative error
on the part of the Borough.
17.195.050 A.6. That granting the variance will not permit a prohibited land use in the district
involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the (-
Industrial zoning district.
Case No. 14 — 008 Staff Memorandum Page 6 of 6
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
http://www.kodiakalcus
Zoning Compliance Permit
Print Form
111
Submit by Email
1111
11
11
R7965020012
Permit No. BZ2012-041
1111
1
11
Property Owner / Applicant:
Mailing Address:
Phone Number:
Other Contact email, etc.:
Legal Description:
Street Address:
The following information is to be supplied by the Applicant:
Muskox Storage, LLC (Chris Wing)
c/o Chris Wing @ P.O. Box 2827, Kodiak AK 99615
907-539-2367
Lot 1C, Lakeside Subdivision 2nd Addition
2430 Beaver Lake Drive
Use & Size of Existing Structures: Vacant
Description of Proposed Action: Construct a 60 by 100 foot warehouse to be located on the lot line along Beaver Lake Drive
and along the lot line with adjoining lot 1 D, as indicated on the attached site plan.
V r cam, 4 4' S 1 PtdA a (MZ4Xrr_19 —V'GV‘4,0
S tnAw.5 1\1-w) (,vw ovs e- (oc_Jn _
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access
points, and vehicular parking areas.
/1/11:t 6// piAt)5 riezh I v4Ar kiefr via *icor' „In 7' 410,ic .1111o<A0i.s7
ZONING: Industrial PACS No. R7485020012 C"
Staff Compliance Review:
Lot Area: 23,277 Sq. Ft. Lot Width: 75' Bldg Height: Unlimited
Front Yard: 30' Rear Yard: 0' Side Yard: 0'
Prk'g Plan Rvw? Yes # of Req'd Spaces: 4,
Plat / Subdivision
Requirements?
Does the project involve If YES, do you have an EPA Return Receipt of Notification?
an EPA defined facility? N ' A "Permit will not be issued until receipt is submitted to MB"N ` A
Case No. 14-008 Appendix Page 1 of 5
Coastal Policy Not Applicable Consistent? Not Applicable Attachment? Not Applicable
Subd Case No. NA
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
Pending
Plat No. NA Bldg Permit No. Pending
NA
Pending
Applicant Certification: f hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that 1
have the authority to certify this as the property owner, or as a representative of the property owner. 1 agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan
Date: Jan 27, 2012
List Other:
Signature:
Chris Wing, for Muskox Storage, LLC
a
This permit is only for the proposed project as described by the applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
** EXPIRATION: A zoning compliance permit will become null and void if the building or use authorized by such permit is not
commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the
work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec.
106.4.4 Expiration. 1997 UBC) per KIBC 17.03.060.**
CDD Staff Certification
Date: Jan 27, 2012
Payment Verification
CDD Staff: Duane Dvorak
Zoning Compliance Permit Fee
Payable in Cashier's Office
Room # 104
Fee Schedulg
Less than 1.75 acres $30.00
Construction Disposal Deposit
Payable in Cashier's Office
Room # 104
Fee Schedule
PAID
2 7 2012
KodiaKislandBorough
Finance Department
Case No. 14-008 Appendix Page 2 of 5
Case No. 14-008 Appendix Page 3 of 5
4-tAi. PrI/tQlO_.,;() tS pA/ i c- S 4 6 -F. a 4
ee2012_-05(11
BEAVER LAKE DRIVE 2/14 2✓
S 7'08'47" W 116.42'(R)
100.0'
0
PARKING
SPACE
DETAIL
9.0'
0
teA
CP
0
0 30 60
-16
rn
RIGHT OF WAY
PROPOSED BUILDI
100.0'
to
LOT 1C
23277 Sq. Feet
0.53 Acres
VACANT LOT
UTILITY EASEMENT
20' WIDE
126.84'(R) N 37'08'47" E LOT 1B-3,
NOTES
1. SUBJECT 10 ILL COWIN'S, SONIUCCS, (SENORS, COIElu 0 .
WSOMIN, NES1RC1DIS NO ROOS OF rAr OF RECORD.
2. SUBJECT 10 N1 COPT MR OW
3. ST. DENNY ARNEY1NG W. ASSUMES NO RESPOf66LRY OR
I MILfTY FOR ANY ERRORS OR OMISSIONS OF ANY NNO
F14A190EVER IN TERMS OF CONTENT SRAM HEREON AND
OW:CLAM S AU. Y/ARR*1ES MOOR cowman . EIPREss OR
RAFINFD. TO THE CONTENT WO ANY MATTER RELATING TO THE
INFORMATION SHOWN HEREON.
A =EON OF PIOL 1E WINS ME FB{ FIID 11SPEC0011 NO
IwA9E WONOS Ell ND CUM EE OF 1110R01ICIRESS; SAD
UNARM ARE FOR COM RF IEM OW ND NOT TO If I. FOR
CONSIRIICIION OR DOOM WOWS.
591EZ0111C-NO
Z
cri
N D
UT 0
J _ J
80
wAivelora
-k/ik, - .k, wVai 1ft„,, 1
Legal Description:
LOT 1c SITE PLAN
LAKESIDE SUBDIVISION 2ND ADDITION
KODIN( PLAT 95-08 ASM
WAIN IT
(ISTD
BAIT
1-24-12
KODIAK RECORDING DISTRICT
MUM
f of 1
rROINCT llb.
12-11
ALIrAAlP IO1L:
CHRIS WING
ST. DANNY srR11YTNc INC.
r.o. BOX MM. IODL L AfAML MI5 OM 411-3500
g 40 4 abed xipuaddy 800-41 ON aseo
0
BEAVER LAKE DRIVE
S 3T08'47" W 116.42'(R)
100.0'
0
PARKING
SPACE
DETAIL
9.0'
co—
co
0
LO
ciD
11111MI
KEA ANCHOR
PLAT
trS -A
cr
fo
•
•
0
30
•
r•
-73
7-16
a6(-1
I I Z•�
12----
60 2----
60
0
RIGHT OF WAY
PROPOSED BUILD,\G
100.0' I G
X41\\\1\Ull\\1\\\\m\m\\\M\NA\\\\\\1\\Amk\V\\\\\1\\}\\U Akm\U11\\\\\\Mk1A4
/ 7 8 9 10 11 12 13 14
LOT 10
23277 Sq. Feet
0.53 Acres
VACANT LOT
UTILITY EASEMENT
20' WIDE
CTT
ul N
-1 O
r.
CO
DI
O
co
126.84'(R) N 37'08'47"
Nabs:
1. SUBJECT TO ML CONCN110NS, SERVITUDE'S, EASENFNTS, OCKI1MRS,
RES/RYATON, RES1RIC110NS IND RIGHTS OF WAY OF RECORD.
2. SUR,ECT TO M1 COPY RENT LAMS.
3. ST. DENNY SUWEYING INC. ASSUMES NO RESPONS4311.1TY OR
UARILNY FOR ANY ERRORS OR OMISSIONS OF ANY KIND
WHATSOEVER IN TERMS OF CONTENT SHOWN HEREON AND
DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS . EXPRESS OR
IMPLIED. TO THE CONTENT INTO ANY MATTER RELATING TO THE
INFORMATION SHOWN HEREON.
4. LD VICK OF PRNATE inures AFC PER FIM INSPECTION AND
A'AAAME RECORDS NRH NO CWFUNTEE dF THOROUCHNIM'S; SAID
LOCATIONS ARE FCR GDIFRIL RU14EI¢f ONLY MND NOT TO BE USED FOR
CONSTRUCI)M OR DIG, &089 G PURPOSES.
5.91E ZONING = rN0
LOT 1 B-3
.12
5p6-<)--6
Legal Description:
LOT 1C
LAKESIDE SUBDIVISION 2ND ADDITION
KODIAK PLAT 95-08 ALASKA
SITE PLAN
DRAWN BY
MSTD
DAT!
1-24-12
KODIAX RECORDING DISTRICT
SIA R
1 "=.50'
SHEET
1 of 1
PROJECT NO.
12-11
PREPARED ION:
CHRIS WING
ST. DENNY SURVRY7NC INC.
P.O. BOX 088. KODUK, ALASKA 998,3 (907) 481-9500
Case No. 14-008 Appendix Page 5 of 5
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
http://www.kodiakak.us
Print Form
11
Variance Application KIBC 17.195
Property Owner / Applicant:
Mailing Address:
Phone Number:
Other Contact email, etc :
Legal Description:
Submit by Email
11111111111111111
21506
The following information is to be supplied by the Applicant:
Musk Ox Storage, LLC
PROP ID 21506
c/o Chris Wing, PO Box 2827, Kodiak, AK 99615
(907) 539-2367
Subdv: Lakeside 2nd Addition
Street Address: 2430 Beaver Lake Drive
Present Use of Property:
Block: Lot: 1C
Vacant (site prep. for warehouse construction has commenced as permitted by ZCP BZ -2012-041).
Variance(s) Requested: A variance to allow up to a zero (0) foot side yard setback for a warehouse adjoining a public road
right-of-way, pursuant to KIBC 17.195.050, on Lot 1C, Lakeside Subdivision, 2nd Addition.
(Note; Use additional sheets, if needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a
variance may be filed by a property owner or their authorized (in writing) agent. The application shall be made on a form provided by the community development
department and accompanied by the required fee and site pion (a development plan for one or more lots on which is shown the existing & proposed conditions of the
lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingress & egress; circulation;
utility services; structures & buildings; signs & lighting; berms, buffers, & screening devices; surrounding development and any other information that reasonably may
be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection.
KIBC 17.195.050 Approval or denial. A. Approval. If it is the finding of the commission, after consideration of the investigator's report and receipt of testimony
at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted.
Respond to each of the following standards as they apply to your request. (use additional sheets as needed)
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 other properties in the same land use district;
The exceptional condition applicable to the property and its intended use is the fact that Zoning Compliance Permit BZ -2012-041 was
issued in error with a zero (0) foot side yard setback along a property line abutting a public road right-of-way. The twenty (20)
foot side yard setback requirement pursuant to 17.105.040.B may only be reduced to less than twenty (20) feet for approved
firewall construction between adjoining structures. As a street side corner lot, no adjoining structure can be constructed on the road
right-of-way side of the subject property line.
2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship;
Strict application of the twenty (20) foot side yard setback requirement would result in an unnecessary hardship on the property
owner, as this error was the result of Borough action. The property owner has commenced construction and expended funds in
reliance on the zoning compliance approval and subsequent building permit.
Case No. 14-008 Application Page 1 of 2
3. That the granting of the variance will not result in material damage or prejudice to other properties in the via nity ror be detrimental to the public's health,
safety or general welfare;
Granting the variance will not materially damage or prejudice other properties in the vicinity or be detrimental to the public's
health, safety, or general welfare, as all building code requirements will be met.
4. That the granting of the variance will not be contrary 10 the objectives of the comprehensive plan;
Granting the variance will not be contrary to the objectives of the comprehensive plan, as a warehouse is a permitted use in the
I -Industrial zoning district.
5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance: and
The special condition from which relief is being sought was caused by an error on the part of the Borough, not the applicant.
6. That granting the variance will not permit a prohibited land use in the district involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the I -Industrial zoning district.
Applicant Certification: l hereby certify as the property owner/authorized agent that this application for P & Z Commission review is true and complete to the
best of my knowledge, and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan
for the variance request and may include optional supporting documentation as indicated below.
Additional Narrative / History : NO
As -built Survey :
Photographs : NO
NO Maps :
List Other: Administrative request for screening review with site plan.
Date: Sep 23, 2013
Site Plan Submitted ? YES
Date: Sep 23, 2013
Signature: Chris Wing
NO
CDD Staff Certification
Current Zoning: Industrial KIBC 17.105
Code Section(s): KIBC 17.105.040.6
KIBC 17.195
CDD Staff: Robert H. Pederson, AICP, Community Development Director
Payment Verification Fee Payable in Cashier's Office Room # 104 - Main floor of Borough Building
Case No. 14-008 Application Page 2 of 2
E S250.00
Waived by direction
of CDD Director
PND Boq
Al8Y
Q
r*
O3 ALASKA
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
P & Z October 16, 2013
PUBLIC HEARING ITEM: 7 C
PUBLIC COMMENT
Kodiak Island Borough
Planning and Zoning Commission
PUBLIC COMMENT
ITEM TITLE: Case 14 - 008. A variance to allow up to a zero (0) foot side yard setback for a
warehouse adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd Addition
pursuant to KIBC 17.195.050.
The department mailed sixteen (16) public hearing notices related to this request on September
23, 2013.
The department has not received any written comments related to this request.
Case No. 14 — 008 Public Comment
September 23, 2013
Musk Ox Storage, LLC
Chris Wing
PO Box 2827
Kodiak, AK 99615
Kodiak Island Borough
Community Development Department
710 Mill Bay Road Room 205
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Re: Case 14-008. Request a variance to allow up to a zero (0) foot side yard setback for a warehouse
adjoining a public road right-of-way on Lot 1C, Lakeside Subdivision, 2nd Addition pursuant to
KIBC 17.195.050.
Dear Mr. Wing:
Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the
case referenced above for Public Hearing at their October 16, 2013 regular meeting. This meeting will
begin at 6:30 p.m. in the Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Attendance at this
meeting is not mandatory but recommended.
One week prior to the regular meeting, on Wednesday, October 9, 2013 at 6:30 p.m. in the Borough
Conference Room (#121), the Commission will hold a packet review work session for the purpose of
reviewing packet materials and staff summaries of cases scheduled for the regular meeting.
The public is welcome to attend the packet review work session; however, the work session is not for the
purpose of receiving public testimony. Applicants who wish to present testimony and/or evidence related
to their case should appear at the Public Hearing during the Regular Meeting and present such
information in person.
Please contact the Community Development Department at 486-9363 if we can answer any outstanding
questions or provide additional information. In advance, thank you for your cooperation.
Sincerely,
Sheila Smith, Secretary
Community Development Department
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
September 23, 2013
Public Hearing Item 7-C
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, October 16, 2013. The meeting will begin at 6:30 p.m. in
the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska, before the Kodiak Island
Borough Planning and Zoning Commission, to hear comments if any, on the following request:
CASE:
APPLICANT:
AGENT:
REQUEST:
LOCATION:
ZONING:
14-008
Musk Ox Storage, LLC
Chris Wing
A variance to allow up to a zero (0) foot side yard setback for a warehouse adjoining
a public road right-of-way on Lot IC, Lakeside Subdivision, 2nd Addition pursuant
to KIBC 17.195.050.
2430 Beaver Lake Drive
Industrial
This notice is being sent to you because our records indicate you are a property owner/interested party in the area of
the request. 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. Written comments must be received by 5 pm on Tuesday, October
1, 2013 to be considered by the commission. If you would like to fax your comments to us, our fax number is:
(907) 486-9396, or you may email your comments to ssmith®kodiakak.us. If you would like to testify via
telephone, please call in your comments during the appropriate public hearing section of the meeting. The
local call-in telephone number is 486-3231. The toll free telephone number is 1-855-492-9202.
One week prior to the regular meeting, on Wednesday, October 9, 2013, a work session will be held at 6:30 p.m. in
the Kodiak Island Borough Conference Room (#121), to review the packet material for the case.
Kodiak Island Borough Code provides you with specific appeal rights if you disagree with the Commission's
decision on this request. If you have any questions about the request or your appeal rights, please feel free to call us
at 486-9363.
Your Name: Mailing Address:
Your properh description:
Comments:
Location
2460 Beaver Lake Dr.
Case 14-008
Applicant
Musk Ox Storage, LLC
Request a variance to allow up to a zero (0) foot
side yard setback for a warehouse adjoining a
public road right-of-way on Lot 1C, Lakeside
Subdivision, 2nd Addition pursuant to
KI BC 17.195.050.
et -
•1/4.
0)P
Public Hearing Notice
0
237.5
Feel
475
950
0�
00� rk
Legend
- Subject Parcel
n Notification Area
Kodiak Island Borough GIS
http://www.kodiakak.us/gis (907) 486-9337
Community Development Department
This map is provided for informational purposes
only and is not intended for any legal representations.
==== Access Roads
Unconstructed Right of Ways
Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
httr://www kodiakak.us
j Print Form
B
11
Variance Application KIBC 17.195
1111
1111
Submitby EmailF
1
21506
H.00
PROP_ID 21506
Property Owner / Applicant:
Mailing Address:
Phone Number:
Other Contact email, etc.:
Legal Description:
Street Address:
The following information is to be supplied by the Applicant:
Musk Ox Storage, LLC
c/o Chris Wing, PO Box 2827, Kodiak, AK 99615
(907) 539-2367
Subdv: Lakeside 2nd Addition
2430 Beaver Lake Drive
Block: Lot: 1C
Present Use of Property: Vacant (site prep. for warehouse construction has commenced as permitted by ZCP BZ -2012-041).
Variance(s) Requested: A variance to allow up to a zero (0) foot side yard setback for a warehouse adjoining a public road
right-of-way, pursuant to KIBC 17.195.050, on Lot 1C, Lakeside Subdivision, 2nd Addition.
(Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) KIBC 17.195.020 Application. An application for a
variance may be tiled by a property owner or their authorized (in writing) agent. The application shall be made on a form provided bythe community development
department and accompanied by the required fee and site plan (a development plan for one or more tots on which is shown the existing & proposed conditions of the
lot, including topography, vegetation, drainage, flood plains, wetlands, & waterways; landscaping & open spaces; walkways; means of ingress & egress; circulation;
utility services; structures & buildings; signs & lighting; berms, buffers, & screening devices; surrounding development; and any other information that reasonably may
be required in order that an informed decision can be made by the approving authority). All applications shall be available for public inspection.
KIBC 17.195.050 Approval or denial. A. Approval. If it Is the finding of the commission, after consideration of the investigator's report and receipt of testimony
at the public hearing; that the use proposed in the application, of under appropriate conditions or restrictions, meets all of the following, the variance shall be granted.
•
Respond to each of the following standards as they apply to your request. (use additional sheets as needed)
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 other properties In the same land use district;
The exceptional condition applicable to the property and its intended use is the fad that Zoning Compliance Permit BZ -2012-041 was
issued In error with a zero (0) foot side yard setback along a property line abutting a public road right-of-way. The twenty (20)
foot side yard setback requirement pursuant to 17.105.040.8 may only be reduced to less than twenty (20), feet for approved
firewall construction between adjoining structures. As a street side corner lot, no adjoining structure can be constructed on the road
right-of-way side of the subject property line.
2. That the strict application of the provisions of this title would result In practical difficulties or unnecessary hardship;
Strict application of the twenty (20) foot side yard setback requirement would result in an unnecessary hardship on the property
owner, as this error was the result of Borough action, The property owner has commenced construction and expended funds in
reliance on the zoning compliance approval and subsequent building permit.
3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health,
safety or general welfare;
Granting the variance will not materially damage or prejudice other properties in the vicinity or be detrimental to the public's
health, safety, or general welfare, as all building code requirements will be met.
4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan;
Granting the variance will not be contrary to the objectives of the comprehensive plan, as a warehouse is a permitted use in the
I -Industrial zoning district.
S. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and
The special condition from which relief is being sought was caused by an error on the part of the Borough, not the applicant.
6. That granting the variance will not permit a prohibited land use In the district involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the I -Industrial zoning district.
Applicant Certification: I hereby certify as the property owner/authorized agent that this application forP &Z Commission review is true and complete to the
best of my knowledge, and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan
for the variance request and may include optional supporting documentation as indicated below.
Additional Narrative / History: NO
Photographs: NO
As -built Survey: NO Maps: NO
List Other: Administrative request for screening review with site plan.
Date: Sep 23, 2013
Signature: Chris Wing
Site Plan Submitted ? YES
Date: Sep 23, 2013
CDD Staff Certification
Current Zoning: Industrial KIBC 17.105
Code Section(s): KIBC 17.105.040.8
KIBC 17.195
CDD Staff: Robert H. Pederson, AICP, Community Development Director
Payment Verification
Fee Payable in Cashier's Office Room 11104- Main floor of Borough Building
$250.00
Waived by direction
of CDD Director