LAKESIDE 2ND LT 2A - ZCP (2)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.kodlakak.us
Zoning Compliance Permit
Print Form
Submit by Email --
Permit No. BZ2011-014
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:
Kodiak Island Borough/Engineering and Facilities Department
710 Mill Bay Road, Kodiak Alaska 99615
907-486-9349
jwolfe@kodlakakus
Lot 2A, Lakeside Subdivision 2nd Addition
2647 Selief Lane
Use & Size of Existing Structures: Vacant, Ba Wield at end of cul-de-sac
Description of Proposed Action: Storage of contaminated soil for treatment as permitted by Case 10-016. (The site plan and
use must comply with the conditions of approval approved by the hearing examiner on appeal for this case.) —Staff
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access
points, and vehicular parking areas.
Staff Compliance Review:
ZONING: Public Use Parcel No.
Lot Area: 11.92 acres Lot Width: 60' Bldg Height 50'
Front Yard: 25' Rear Yard: 25' Side Yard: 25'
Prk'g Plan Rvw? Not Applicable # of Req'd Spaces:
Plat / Subdivision
Requirements?
Does the project Involve
an EPA defined facility?
NA
N/A
If YES, do you have an EPA Return Receipt of Notification?
"Permit will not be issued until receipt is submitted to NIB"
N/A
Coastal Policy Other
Subd Case No. NA
Driveway
Permit?
Septic Plan
Approval:
Fire
Marshall:
NA
Consistent? Yes Attachment?
Plat No. NA Bld'g Permit No. Pending (?)
NA
NA
Applicant Certification: I hereby certify that I will comply with the provisions of the Kodiak Island Borough Code and that
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: Aug 26, 2010
List Other: All information as on file for Case 10-016
Signature: Rick Gifford, Manager . r designee
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: Aug 26, 2010
CDD Staff: Duane Dvorak
Payment Verification
Zoning Compliance Permit Fee
Payable in Cashier's Office
Room # 104
Fee Schedule
5.01 to 40 acres $90.00
Construction Disposal Deposit
Payable in Cashier's Office
Room # 104
Fee Schedule
Not Applicable $0.00
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FROM : Kodiak Alaska i, PHONE NO. : 907 486 6486 Mar. 02 201 P1
ITCODIAK ISLAD BORO ,GH
COMMUNITY DEVELOPMENT DEPARTM
r 710 Mill Buy Road, Kildiuk, Alaska 996775
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A publib, 'ng will he held on Wednesday, March 17, 2010: Th
p.m. litrthe Rnrough (Assembly Chamb@rs,71 Q Mill Bay Road
Koditansland`BpYdlSgh P1aimmg annd Zoning Commission to h
following req est:\i' t / {'
e rpeeting *ill ;begin at 7:30
tak,/ laska, before the
encs ifry any, on the
CASE: 016
APPIiICANT: 1
REQUEST: Request
r. M1 .a
,actor ante
sland Borough
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11
Sitnilar-Uketliermination and Conditional Use Permit int.:"
ith Kik 17.115.090 ,(•gtt i1arUses) and' KiBC 17 130:0304
ti>_store-tort swiftly,
5 i 1 u ,'. . fry 1
i Rigk Sch kt andttbat tt is stttt'tfar in character to a-
nance and servtcel facility andtstore' ger sty" aid that f
in the -Pu plic ise Lands zoning disciCu".:am>
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4.1,&� �slorisd`aG
<government
• conditionally p
LOCAIal'ION: 2647: Selief Lane
ZONING: 1R2 -Two Family R
ion, tad Addition, L"ot 2A 1
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This notice is beinglsenito you because our rfoo `mdicnt�yort are, a propert}i.ownedmtiested party in the area of
the requcst:'ll y u do not wcah to testify verba y, yot.inay, vide your comments in the span. below, or m a lett
tot Colrnnunity Development DeparWent- lain�`(�,is mu ¢ receised bjMarch 2,2010 to lie considered in
the staff,repnrt If you-wbuld•hke to fax -y tirconimedtS tb.us, ur fax number Is: (907),496-9396. If you,wodd
like to testify via telephone,l`�lease call i4 our commen�`ts dui4n h"a�appropriate public hearing section of the
meeting. ,',The localcall-in telephone mber'is 486-3231: The toll ree telephone nurIer is,14100-478.5736:
11 t r' ,1 11 *; , 1 1
One week prior to the regular meet ,on Wednesday, March 2Q1o, work session will be hek at 7:30 ptrOn
the Kodiak Island E",rough Cdrife cc Room t (#121), to review tfi pack_ tenal for the lase. t ` ii '1
il
Kodiak Island Borough•Code vides yuu with specifietappeal t',ghis 1 ou disagr-ee with the''Conunissidn's
hicre7li e/ n l
decision°dn; Otts request. !f yo v any questions about the request o?ryour a 1 rights;;pltuse feel free to callus
at 6.9363. 1 <; ' . '4 , t I 1 t3
Your Name. 42. kii12: *------:._=x:MetsgAddror. .(%1!\/ o - oth. c) 7,4% 1
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54 of 105
August 3, 2010
Kodiak Island Borough
Mr. Woody Koning, Director
Engineering & Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Re: Case 10-016. Request a Similar Use Determination and a Conditional Use Permit, in
accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional
Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High
School and that it is similar in character to a government maintenance and service facility
and storage yard that is conditionally permitted in the PL -Public Use Lands zoning
district. Portion of Lot 2A, Lakeside Subdivision, 2"d Addition.
Dear Mr. Koning:
On July 23, 2010, Administrative Law Judge Jeffrey Friedman reversed the decision of the
planning and zoning commission to deny a similar use determination and conditional use permit
to store and remediate soil stored at Kodiak High School.
Therefore your request is affirmed subject to the following conditions:
1. Storage of the contaminated soil will be done in a manner that complies to any applicable
regulations of the Alaska Department of Environmental Conservation.
2. Storage of the soil will be consistent with the contaminated soil stocked piled work plan for
the Kodiak High School' Soil Remediation dated June 2009 as contained in the record on
appeal.
3. The maximum duration of the temporary storage and passive remediation is limited to 2.5
years from the date of approval of the conditional use permit.
4. The storage area will be secured with at least a temporary chain link fence to protect the
storage cells from casual access by the public.
5. The fence around the storage area will be at least 25 feet from any lot line.
This action becomes official 30 days after the date of his decision to allow any aggrieved
party the opportunity to appeal this decision to superior court in accordance with KIBC
17.225.100 Judicial review.
Prior to commencing any work, be sure to acquire a Zoning Compliance Permit from out
department.
Should have any questions regarding the determination please feel free to contact me at 486-
9360 if you.
Sincerely,
Bud Cassidy, Director
Community Development Department
Cc: Rick Gifford, Borough Manager
Ken Smith, Borough Project Manager/Inspector
Case 10-016 file
Kodiak Island Borough
Journal Post Listing
Journal Reclassification
Department Number Type Sub Ledger G/L Date Description Source Reference Journal Type
120 - Finance
2011-00000452 IE GL 08262010 ZCP 13Z2011-014 Soil
Storage
G/L Date G/L Account Number Account Description Description Source Debit Amount Credit Amount
08262010 410-549 452.140 Design Services ZCP BZ2011-014 Soil Storage 90.00
Project: 09012.5 - Phase II KHS Soil Remediation (410-549), Design Services
08262010 410 101.100 Cash In Bank -Wells Fargo ZCP BZ2011-014 Soil Storage 90.00
08262010 100 101.100 Cash In Bank -Wells Fargo ZCP BZ2011-014 Soil Storage 90.00
08262010 100-000 322.140 Zoning Compl Permit ZCP BZ2011-014 Soil Storage 90.00
Number of Entries: 4 $180.00 $180.00
User: Karl Short
Pages: 1 of 1 . -_ .... _
$/26/2010 2:0234 PM
Duane Dvorak
From: Jessica Wolfe
Sent: Thursday, August 26, 2010 12:15 PM
To: Cassandra Juenger
Cc: Duane Dvorak
Subject: FW: Zoning Compliance
Attachments: BZ2011-014.pdf
Please charge $90 to 410-549 452-140 09012-5
Thanks
Jessica lNoCfe
Xodiak Island Borough.
Project Assistant
Engineering & Facilities Dept.
907-486.9349
907-486-9347fax
From: Duane Dvorak
Sent: Thursday, August 26, 2010 12:09 PM
To: Jessica Wolfe
Cc: Bud Cassidy; Martin Lydick; Sheila Smith
Subject: Zoning Compliance
1 got confirmation from Clerk's Office this AM and have drafted the permit. You will need fund transfer of
$90.00 for permit. Rick Gifford or designee to sign the permit (has to be on the official permit that I've entered
into the system which can be picked up at our front counter) and we need a copy of the Hearing Examiner's
order which has not been transmitted to this department but which provides at least one additional condition of
approval that is made a requirement of this permit. Thanks, --Duane
Duane Dvorak, Associate Planner
Community Development Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
(907) 486-9362
ddvorak@kodialcak.us
August 3, 2010
Kodiak Island Borough
Mr. Woody Koning, Director
Engineering & Facilities Department
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
Re: Case 10-016. Request a Similar Use Determination and a Conditional Use Permit, in
accordance with KIBC 17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional
Uses) to store and remediate diesel contaminated soil presently stored at the Kodiak High
School and that it is similar in character to a government maintenance and service facility
and storage yard that is conditionally permitted in the PL -Public Use Lands zoning
district. Portion of Lot 2A, Lakeside Subdivision, 2nd Addition.
Dear Mr. Koning:
On July 23, 2010, Administrative Law Judge Jeffrey Friedman reversed the decision of the
planning and zoning commission to deny a similar use determination and conditional use permit
to store and remediate soil stored at Kodiak High School.
Therefore your request is affirmed subject to the following conditions:
1. Storage of the contaminated soil will be done in a manner that complies to any applicable
regulations of the Alaska Department of Environmental Conservation.
2. Storage of the soil will be consistent with the contaminated soil stocked piled work plan for
the Kodiak High School Soil Remediation dated June 2009 as contained in the record on
appeal.
3. The maximum duration of the temporary storage and passive remediation is limited to 2.5
years from the date of approval of the conditional use permit.
4. The storage area will be secured with at Least a temporary chain link fence to protect the
storage cells from casual access by the public.
5. The fence around the storage area will be at least 25 feet from any lot line.
This action becomes official 30 days after the date of his decision to allow any aggrieved
party the opportunity to appeal this decision to superior court in accordance with KIBC
17.225.100 Judicial review.
Prior to commencing any work, be sure to acquire a Zoning Compliance Permit from out
department.
Should have any questions regarding the determination please feel free to contact me at 486-
9360 if you.
Sincerely,
aG. �„o sen a.t
Bud Cassidy, Director
Community Development Department
Ce: Rick Gifford, Borough Manager
Ken Smith, Borough Project Manager/Inspector
Case 10-016 file
July 27, 2010
Kodiak Island Borough
Office of the Borough Clerk
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (9Q7) 486-9310 Fax (907) 486-9391
Email: niavieraa.kodiakak.us Website: www.kodiakak.us
Woody Koning
Engineering and Facilities Director
Kodiak Island Borough
710 Mill Bay Road
Kodiak, AK 99615
Dear Woody:
On July 16, 2010, Administrative Law Judge Jeffrey Friedman heard the appeal you submitted
and ruled to reverse the Planning and Zoning Commission's decision on Case No. 10-016
Denial of a Similar Use Determination and a Conditional Use Permit, in accordance with KIBC
17.15.090 (Similar Uses) and KIBC 17.130.030 (Conditional Uses) to store and remediate diesel
contaminated soil presently stored at the Kodiak High School and that it is similar in character to
a government maintenance and service facility and storage yard that is conditionally permitted
in the PL -Public •Use Lands zoning district. The location is 2647 Selief Lane - Lakeside
Subdivision, 2nd Addition, Lot 2A and the zoning is PL -Public Use Lands. His official findings/oral
statement is attached to this letter.
Per KIBC 17.225.100 Judicial review. Any person aggrieved by a final decision of the Board of
Adjustment under this chapter may appeal that decision to the Superior Court within thirty (30)
days of the decision. An appeal to Superior Court shall be heard solely on the record before the
board of adjustment or its hearing examiner and the commission. The appeal procedure shall be
govemed by the rules set forth in part six of the Rules of Appellate Procedure of the State of
Alaska. The findings of the Board of Adjustment shall not be reversed, if in light of the whole
record they are supported by substantial evidence.
If you have any questions regarding the decision of the Board of Adjustment or the appeal
process, please contact me at (907) 486-9310.
Sincerely,
OFFICE OF THE BOROUGH CLERK
Nova M. Javier,
Borough Clerk
Cc: CDD/P&ZC
MC
Oral Statement/Official Finding Of Judge Jeffrey Friedman Regarding Case No. 10.016.
Denial Of A Similar Use Determination And A Conditional Use Permit, In Accordance With
KIBC 17.15.090 (Similar Uses) And KIBC 17.130.030 (Conditional Uses) To Store and
Remediate Diesel Contaminated Soil Presently Stored at The Kodiak High School and
That It Is Similar In Character to a Government Maintenance and Service Facility and
Storage Yard That Is Conditionally Permitted In the PI -Public Use Lands Zoning District.
The Appellant is the Kodiak Island Borough. The Location is 2647 Selief Lane - Lakeside
Subdivision, 2nd Addition, Lot 2A and the Zoning is PI -Public Use Lands. The hearing was
held on July 15, 2010.
I think first of all it is important to recognize that enforcing zoning regulations has a cost. Those
regulations are in place because the Borough Assembly has concluded that the public benefit
from those regulations outweighs that cost. But the decision has to look at both the cost of the
public if the conditional use is granted and the cost to the public if it is not granted. There are
costs either way. Under Borough Code section 17.15.090, property may be used for a purpose
that is similar to a use that is allowed for the land under the applicable zoning provision. Public
land such as the lot at issue here may be used as a maintenance and service facility and
storage yard. And that's 17.130.030D. I believe this provision covers two separate uses, uses
as a maintenance and service facility and use as a storage yard. I find that the government
storage yards are a listed allowable conditional use for land zone for public use. Accordingly, I
believe that 17.15.090B does not prohibit a finding that the storage of this soil is a similar use.
Looking at whether storage and. remediation of soil is similar in character and impact to the
allowable use as a storage yard, we look at both the character and impact. Character of use is
based on the visual and aesthetic nature of the use. Impact focuses on things like utilities, storm
water draining, traffic, and other ways in which, having that use in that neighborhood will impact
others. Storage yards are generally not particularly visually or aesthetically pleasing. The
proposed use of this property to store covered soil is similar in character to the conditionally
allowed use of this property. It's difficult to determine the impact of this storage, and to decide
whether it is similar to the impact of other storage yards. There was not a whole lot of evidence
in the record from which to gauge this. Certainly the original placement of the soil on the lot will
have an impact just because of the effort to transport and screen the soil. Over the long run;
however, I believe it will probably have no more than an impact than any other area used to
store materials. I find that the proposed storage and remediation is similar in character and
impact to a government maintenance and service facility and storage yard.
The more difficult question in this case is the second one, which is whether it is appropriate or
whether a conditional use permit may be granted to allow the storage and remediation of this
soil. Code section 17.200.050 sets out the standards that must be met before a conditional use
may be granted. First one (A) will the conditional use preserve the value, spirit, character, and
integrity of the surrounding area? Mr. Ashford's testimony was compelling. He owns both
storage facilities and a home immediately adjacent to where the soil will be stored. Other
comments in the record from the members of the community also suggests that soil remediation
Page 1 of 3
will affect the value and spirit of the surrounding area. This is the factor that I struggled the
longest with, that I have, that I think is certainly the closest In the record here in terms of how it
should come out. But ultimately, I had to look at the fact that the surrounding areas is not just
residential. That the surrounding area has a mixture of Industrial, commercial, recreational, and
residential uses. The satellite photograph on the record shows a substantial buffer between the
soil storage area and the residential areas. There is also a substantial distance between the
recreational ball field and the storage area. It is true that other parts of that lot are used as more
informal recreational areas but I gave that Tess weight than the fact that there's an organized.
ball field at one end. Character and spirit of a community are largely emotional issues. And
storage of what some people would call hazardous waste, what other people would call soil can
be a very emotional issue. But ultimately I believe that this use, this storage covered soil with a
fence around it will preserve the value, spirit, and character, and integrity of the surrounding
area. (B) Will the conditional use fulfill all the other pertinent zoning standards? I believe this
factor means that the use cannot violate any other standard based on the evidence in the
record. I find that the use for the storage for the soil remediation does not violate any other
pertinent zoning standard.
Will granting the conditional use be harmful to the public health, safety, convenience, and
comfort? The storage of this soil is subject to Alaska Department of Environmental Conservation
regulations and oversight. There is clearly public concem that this storage is not safe but there
is no evidence in the record that it is in fact not safe. Conditions can and will be required that
limit the length of time the soil can be stored and that also limit a casual access to the soil. I find
that granting the conditional use permit will not be harmful to the public health, safety,
convenience, and comfort.
Are there sufficient setbacks, buffers, and other safeguards? Mr. Ashford's home is 5 feet from
this lot fine and it is not known how far on the other side of the lot line the soil will be. The
setbacks in 17.130.050 seem to apply only to where a building may be located and not to where
materials may be stored. t believe this factor can be addressed with an appropriate condition on
a conditional use permit. The proposed site plan as well as the existing setbacks and buffers
provide sufficient setbacks and buffers. Additional safeguards will be required by the conditional
use permit.
Is this use located in a manner which will maximize public benefits? The site is currently being
used by the public for recreational activities. That use will be precluded or limited by use of this
site for soil remediation. Balanced against that for public inconvenience is the need to move the
soil from its current location is currently being stored at the local high school which Is at least as
limiting and imposes at least as much of a burden on that area as this soil would impose in the
new area. Also to be considered is the cost of finding other property where the soil can be
remediated. This particular site Is already owned by the Borough, is cleared and ready for the
soil to be relocated. I find that the conditional use being allowed, is In a manner that will
maximize public benefits.
Page 2 of 3
Based on the findings of fact previously discussed, the Planning and Zoning Commission's
decision is reversed. A conditional use permit is granted to allow the storage and passive
remediation of about 1,600 cubic yards of contaminated soil on Lot 2A, Lakeshore (Lakeside)
Subdivision, 2nd Addition, subject to the following conditions of approval:
1. Storage of the contaminated soil will be done in a manner that complies to any
applicable regulations of the Alaska Department of Environmental Conservation.
2. Storage of the soil will be consistent with the contaminated soil stocked pile work plan for
the Kodiak High School Soil Remediation dated June 2009 as contained in the record on
appeal.
3. The maximum duration of the temporary storage and passive remediation is limited to.
2.5 years from the date of approval of the conditional use permit.
4. The storage area will be secured with at least a temporary chain link fence to protect the
storage cells from casual access by the public.
5. The fence around the storage area will be at least 25 feet from any lot line.
This is the final decision in this appeal. Any person aggrieved by a final decision of the board of
adjustment under this chapter may appeal that decision to the superior court within 30 days of
the decision. An appeal to superior court shall be heard solely on the record before the board of
adjustment or its hearing examiner and the commission. The appeal procedure shall be
governed by the rules set forth in Part Six of the Rules of Appellate Procedure for the state of
Alaska. The findings of the board of adjustment shall not be reversed if, in light of the whole
record, they are supported by substantial evidence. And I close the hearing tonight. Thank you
very much.
Clerk's Note: Oral statement regarding his official finding starts at 57:03 on the recording.
Page 3 of 3