Loading...
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