Loading...
KODIAK TWNST BK 19 LT 24 - VarianceKODIAK ISLAND BOROUGH PANNING AND ZONING COMMISSION RESOLUTION NO. Z-78-080 A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION GRANTING_A VARIANCE_IQ PERMIT AN ADDITION_TO AN EXISTING -NON -CONFORMING-- - - STRUCTURE. .(C. HOBBS) WHEREAS, a petition was received requesting a variance from the require- ments of Section 17.18.040 (B) (1) of the Kodiak Island Borough Code of Ordinances to permit construction of an addition to an existing single family dwelling which projects approximately one (1) foot into a required side yard on Lot 2'V, Block- Townsite Subdivision, in an R-2 zoning use district, and; WHEREAS, notice was published, notices were mailed and a public hearing was held, and; WHEREAS, the Commission found the existing structure was resting on a deteriorated wood foundation, susceptible to failure, and; WHEREAS, the Commission found the applicant wished to replace the foundation with a permanent concrete foundation, and; WHEREAS, the Commission found granting this request would not be detrimental to the public or adjacent properties and would not conflict with the objectives of the Comprehensive Plan. NOW, THEREFORE BE IT RESOLVED by the Kodiak Island Borough Planning and Zoning Commission that the Commission grants this variance as requested. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION B, ATTEST: Chairman . , -KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING - MINUTES (Continuation of regular meeting held October 18, 1978) NOVEMBER 1; 1978, at 7:30 P.M. Held in the Borough Assembly Chambers I - CALL TO ORDER Chairman Busch called the continued meeting of October 18th of the Kodiak Island Borough Planning & Zoning Commission to order. • PAGE 16 •'ROLL CALL Present Mr. John Pugh Mr, Tony Perez Mr..Dan Busch,'Chairman Mr. Phil Anderson Mr. Ron Ball Mr. Don Baker A quorum was established. PUBLIC HEARINGS f- ^.--,--------"',--------, IA. VARIANCES Absent . 'AMr. Gene Erwin(excused) 1. Request of variance from the requirements of Section 17.18.040 (B-1) of the KIB Code•of Ordinance, to permit construction of an addition to an existing single family dwelling which pro- jects approximately 1into a required side yard of Lot 24, Block 19, Townsite Subdivision in an R-2 zoning district. (Charles Hobbs) STAFF REPORT: Mr. Milligan presented the staff report based on a memo from the Planning Department.with three recommendations. Chairman Busch reopened the public hearing and closed the'regular. meeting. Hearing nothing in favor of or in opposition to the above re- quest, the Chairman closed the public hearing.and opened the regular meeting. Mr. Pugh moved that the Commission grant the request for a variance from the requirement of Section 17.18.040 (B-1) of the KIB Code of Or- dinances'to permit the construction of an addition to an existing sin- gle family dwelling which projects approximately 11 into a required side yard of Lot 24, Block 19, Townsite Subdivision."! Seconded by .Mr. / Perez:- kb_tion-passed_by unanimous roll call vote. B. SUBDIVISIONS 1. Preliminary plat of vacation & replat of Lots 14 & 15, Block 2, Monashka Bay Subdivision (Donald Erdman), STAFF REPORT: Mr. Milligan presented the staff report briefing . the Commission as to what 'took place at the previous meeting on •this request and pointed out that a revised plat has been made, which includes the things that the Commission specified should be on the plat. Some discussion followed between Mr. Milligan and 'the Commissioners. •• • ChaiLman Busch reopened the public hearing and closed the regular meet- ing.on the above request. • _ • OPPOSED': . RON CHASE: Not speaking against it really, but read into the're-, cord the letter he wrote te the P & Z Commission that was to have been presented at the October 19th meeting but had been replaced. He owns Lots 8, 9 & 11, Block 2, Monashka Bay Subdivision. His • concern deals with the effects on the water:. Went to plat to in- dicate where the creek is in regards to the lots in question. DAVID HERNSTEIN: Lives on Lot 13, Block 2, Monashka Bay Subd.. He would not be opposed to it if the front part of the line was moved so that lot 15A would be less than 80,000 square feet. •.] 1 ' KODIAK ISLAND iOROUGH Telephones 486-5736 - 486-5737 — Box 1246 ' KODIAK, ALASKA 99615 October 26, 1978 Charles Hobbs P. O. Box 924 Kodiak AK 99615 RE: Lot 24 Block 19 Townsite Subdivision Dear Mr. Hobbs: The Planning and Zoning Commission has scheduled a continuation of their regular meeting to be held on November 1, 1978, at 7:30 p.m. in the Borough Assembly Chambers. At this time your request for a variance of Lot 24, Block 19 Townsite Subdivision will be presented to the Commission and also a public hearing will be held. Should you have any questions pertaining to this matter, please do not hesitate to contact our office. Sincer ly, Harry lligan, Planning Director HM:rc October 14, 1978 Z-78-080.. Request for variance from the requirement of Section 17.18.040 (B 1) of the KIB Code of Ordinances, to permit construction of an addition to an existing single family dwelling which projects approximately 1' into a required side yar of Lot 24, Block 19, Townsite Subdivision in an R-2 Zoning District. (Charles Hobbs) REQUEST Petitioner_is requesting a variance to permitreplacement of a existing deteriorating woodfoundation and construction of a basement under his home. The existing structure is nonconforming due to its-eperoaChement of approximately 11 into 'a required side yard. The petitioned property is located on Lot 24, Block 19, Kodiak Townsite Subdivision in an R-2 zoning use district.. SITE: The'petitioned property is located on the,uphill side of Cope Street. The site is developed with an existing single family dwelling and a detached garage. The existing house has been raised. Work is in progress on replacing the foundationand excavating fallen material in the basement. The building is presently resting on wood cribbing. HISTORY: Most of the homes in this area were constructed several years ago on.small lots, which under present zoning setback requirements provide inadaquate required yards. The existing structure is 28" or 2.32' from the property line. The code requires a minimum side yard of 10% of the width of the lot, which is this case is 32.23' or a side yard of 3.22' Thus the existing structure encroaches approximately 11 into the required side yard. ANALYSIS The attached application and finding in support of the four prerequisite conditions for a variance have been submitted for your review: 1. Staff finds the slope and width of the lot is typical of all lots within this R-2 zoning district. " 2. Staff agrees when we visited the site we found evidence of deterioration. October 14, 1978 - Z-78-080, Charles Hobbs, continued Page 2 3. Staff disagrees the building codes require a minimum setback of 3' from the property line for all nonrated wood constructed buildings. Now that the building'has been lifted off its damaged foundation, it would not be a difficult task to shift the building_ less that 1' to meet the minimum fire and life safety setback which in this case would also meet the zoning setback as well. The applicant'may incur. some additional cost but this is the one opportunity we have in bringing this building into conformity -with both the building code and.zoning code setbacks. -Thus eliminating all,nonconforming aspects associated with the building. 4. Staff finds granting this request will be contrary to the obj-ectives of the comprehensive Plan. As one of its primary objectives is to encourage the elmin- ation rather than the perpetuation of nonconformities. The,appl-icant at.:this time has the ability to eliminate this nonconformity. RECOMMIENDATION 1. You can grant the request if finding in support of the four conditions can be found. 2 You can deny the request as conforming alternatives are'available. 3. You can modify the request to the extent you are only granting the -minimum variance necessary to allow reasonable use of the land, if -supporting findings can be found. s. KODIAK ISLAND BOIlO\v—�� 8ox 1246 . ,. Kodis.k, ALA,. 99613 eel Afok I.% 00„ - 40' 44107/7°1192° — /*msw 642 ' ���^` �. Edith ��' on Box 277 6I5:; NOTICE OF PUBLIC HEARUNG The Kodiak Island Borough Planning and Zoning Commission has received a petition from requesting for a variance from the requirement of Section 18.18'040 (B 1) of the Kodiak Island Borough Code of Ordinances to permit construction of an addition to a single family dwelling which projects approximately l` (foot) into a required side yard on Lot 24, Block 19, Townsite Subdivision in an R-2 Zoning District. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing' on this matter at 7:30 p.m., Wednesday, /4<Viottmeet.) 'l978 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 300 feet 9f The above -referenced property. This will be the only Public ueariog before the Planning and Zoning Commission on this pat1tipu, and you are iovi-ted-t,w-afpcac_aad_vuicq yuur_opinion' If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public oeari6g. If you would like to comment on tbc~pctilion proposal, this form may be uoed'for your convenience, and returned to the Planning ocpartmcnt' Further information is available from the Planning Department, telephone 480-5736. KODIAK ISLAND BOROUGH Department of Nanning and Community Development Name Legal Description Comments Address US SURVEY 444 Tr G .c• HILL 51 i,_+a\.-.7;t t.'R S e_ __-_-___c..,\<_1_ 1 q— I --LD`1=-1 I m�n� _ Q. SJ4 h oft/ ;MI - I y Sper•i teA2- -- .x l sf 17 - Q %-.8 ©, f. _stea aN -2) .237 s,,.1-, 4 Q..e _:►-1---- S 11T1 t_- --- '8. L8 / 31/19 Y'�(�gr�(C,es _ 1' .4 1 (83 '/ ili Sh.e_g; e_44. eivit2pLi_ses..., 1,31.__E,__3_, M;_J_. .ea-_ i- 4.),_e.„ \-:\-44,01.51-04/ 3-x gels 7 78- C O ou?„1/4rs,%e. Loi Qij) -6/oe,I 9 i_is_7__Kbdl aI( a d;fIrxszik a.f� 1 ...SL!_aN E4; -1-11 Gfea o v --e>a-7( it.oki 3,77 J o ;0.); x3 /4 Vaalc.e SaA.3 3 _<-1_ .,11( Ci)outie_ iTht Ls 9 g,e7(_ ic'odi aiK_ s, a tQ 3,zo,.1 1- 0.11t.._e, er 2e t_a 03 e,, d i a._‹.- ial 2es]c..,,,,i c‘o,ct .o+tita,s ____ loon -- z`1 lc'. cif.o,k 7 _ St"zv g_f.r.-- JJ --3:�,,�; �__ _`L3 max_ ca• -e 0,13 c . N .'f3 ss42/e-v _ 3F/)- ni b. \ 0 kt\t _ i- 3q -lrte igX r 1 if '9 e /NJ iso . fer-na-s- 11 1/ rveYYi �a cal K (1g-1- --- y la t8S S (p 1 Se KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION APPLICATION FOR VARIANCE DO NOT WRITE IN THIS SPACE APPLICANTAWg...5; ADDRESS ?/6 C 7,.Cii9Afez9 ?HONE NUMBER 4;96--S------CW? LEGAL DESCRIPTION OF PROPERTY INVOLVED: LOT SUBDIVISIO PRESENT/FUTURE USE OF PROPERTY /44 BLOCK fr. AD /1(e-VrocA - DATE RECEIVED gAF-A/1"- / RECEIPT NO. CASE NO. NO. .7._ 7g? ogen HEARING DATE DISPOSITION APPROVED APPROVED DENIED CONDITIONS (SEE MINUTES) DATE OF APPEAL HEARING DATE A SITE (PLOT) PLAN IS REQUIRED. a--06:;5APPROVED DENIED THIS IS A REQUEST FOR A VARIANCE FROM CONDITIONS (SEE MINUTES) SECTION/7.,, sic, 13. tes.'15*, friLp) OF THE, ZONING ORDINANCE. it °hack corwiers ho -use • A -ow Hee; Need Jet"- , A. THE EXISTING SITUATION 6) 04)- 06-r hrecepPtefrz-_. LETTER SENT PERMIT ISSUED .v,011#5.1'h kg-• )ed(eet ttt h4 e -A 4..'4 4 ,34,,,,m( hayse B. GRANTING OF THIS PETITION WOULD PERMIT 4d coceOc.c. Ao/4V5 ,r... 0. a tultA &nice - rat s- r r 0:7 ho -use knot -e i% 1/1 n e4.7) C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ACCORDANCE WITH THE PLANS WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE. )-szti,-co-Yd(r-ocIco e ,29 CCLS t 11 4 zuihtt • The application shall contain a statement and adequate evidence showing the following conditions, all four of which must exist before a variance may be granted: The undersigned alleges: • 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 the other pr9pertips in the same land,Lise qAstrict These special conditions are: t)14,,, woodee /3c7..57— )()--r.tyieQfcrtoi.4 43P Act c --A r (k4 )(1/4/Aig k.reAete,4-7`-- • )6teAl d)qaz c., 2. That the strict application of the provisions of this title would result in practical • difficulties or unnecessary hardship: 4/e, 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 t he91blic health, safety or welfare in that: 27- 6=-/ 7%e m P-01/907, a-,11 0 ryry2 A/i17 edameae L/g/ke- k'1( c u -s e 6116/1?ville-ii)c r(-'• ec;i% 4- . 6,4,14a ir 6P7:74— 14,8-7:416 <-- 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan for the following'reasons: 1/V/" Ae- )7P -A') -711e-14-4.74- Waf 4v100, NOTE: If this variance is granted, it will not permit a use prohibited in the use district in which the above described premises is located. Applicant further alleges that: (Use back of sheet for additional information.) Signature of Authorized Agent Address Signature of Land Owner Ce- igaL3r.dy fteeka i, ?eeKs--- • Address la i 2537A .851► ,00 � RECORDED -Fri DATE, TIME mem $A Ko air), .• This Plat approved. for-reeording - at the City Council melting of January 10, 1963 J At Gity or cares 30"metal survey stake :YOR'S CERTIFICATE certify that 1 am , registered to Id surveying in Alaska and that presents a survey made by me y Buyer •isivrri and the NOTE__ ... I hereby certify due taxes have be on this property City Cl WILLIAM Box 246 WORTH RE$ of LOTS 23 e KO_DIAK Yv 1 Dated' Oct i6,t962 • • c 3 2537A • .85' ,00 ; RECORDED -Fig Keetick.k. DATE 9-2 TINE 3; 51 acqnsted br 1414A "' 1; 016 a. s 0 V -- This Plat approved for- reeording - at the City Council meeting of January 100 1963 . L. - TA. City M. C. oon, )fayor cafes 30"metal survey stoke :YOR S CERTIFICATE certify that I am , registered to Ki surveying in Alaska and that presents a survey mode by me vIdti jx2r !itivef and the NOTE_ I hereby certify ti due taxes have bees on this property, WILLIAM Box 246 WORTH RES of LOTS 23 8 KODIAK TC, Dated Oct BUILDING DEPARTMENT— CITY / BOROUGH OF KODIAK APPLICATION FOR BUILDING PERMIT AND CERTIFICATE Applicant to fill in between heavy lines.. OF OCCUPANCY BUILDING ADDRESS y� 3/tn^^Cop %S LOCALITY / O(✓NS/ ) - CLASS OF WORK NEW DEMOLISH ALTERATION REPAIR NEARESSjCROSS ST. deiS ADDITION MOVE BUILDING PERMIT NO. DATE ISSUED w Z 0 "AmEeho-les, t 613 MAIL ADDRESS poa of.2.44 USE OF BUILDING ,'/h,/E fit...1y r7 wen" 1n q SIZE OF BUILDING a7 w'de* S� HEIGHTQGak /Sir NO. OF ROOMS CITY pddk K1 Ai lO��'sq . NO. OF FLOORS ,RAJ wig' 4sfei .n - NO. OF BUILDINGS 2. VALUATION $ BLDG. FEE S PLAN CHK. FEE TOTAL U w w w Z U U' K Z a w NAME NO. OF BUILDINGS NOW ON LOT BUILDING PLUMBING ELECTRIC ADDRESS CITY NO. OF FAMILIES "r,e C) SIZE OF LOT 30 Al •i1` .,L / .3.�,.%�t WI`dg USE OF BLDG. NOW ON LOTTw`//e n, FOUNDATION ROUGH ROUGH FRAME PLASTER SEPTIC TANK SEWER FINISH FIXTURES SPECIFICATIONS FLUES GAS MOTORS STATE LICENSE NO. FOUNDATION FINAL FINISH FINAL NAMEe/ j2 ADDRES CL 1 MATERIAL W IDTegnyV EXTERIOR, WIDTH OF BOTTOM ,6 11 16 " PIERS % t 41:5el $.074.° Iva. //s CITY CL, OR. 4.. DEPTH IN GROUND R.W. PLATE (SILL) z 0 J 17 Q t7 K w U J U1 D STATE LICENSE NO. ,A� SUB -DIVISION SIZE SPA: SPAN GIRDERS JOIST 1st. FL. JOIST 2nd. FL. LOT NO. BL K. / 1 JOIST CEILING EXTERIOR STUDS DO NOT WRITE BELOW THIS LINE 1. Type of Construction I, II, III, IV, V, VI 2. Occupancy Group A, B, C, D, E, F, G, H, I, J Div. 1, 2, 3, 4, 3. Fire Zone 1 2 3 4 INTERIOR STUDS ROOF RAFTERS BEARING WALLS COVERING EXTERIOR WALLS 1t/:®pti ROOF otsphw /r INTERIOR WALLS &v&//l,sa iC/ REROOFING FLUES FIREPLACE FL. FURNACE ✓ KITCHEN WATER HEATER FURNACE GAS OIL I hereby acknowledge that I have read this application and state that the above is correct and agree to comply with all City Ordinances and State Laws regulatin bu' ding co st Applicant R 3NI1 A.L13dO2ld PLOT PLAN H I SETBACK 3N11 AflI3dO dd STREET PLANNING & ZONING INFO. ZONING DISTRICT TYPE OF OCCUPANCY NUMBER OF STORIES TOTAL HT. AREA OF LOT FRONT YARD SETBACK FROM PROP. LINE SIDE YARD SETBACK FROM PROP. LINE REAR YARD Approved: CHIEF BUILDING OFFICAL Approved: ZONING ADMINISTRATOR By: By- Pie ft• US SURVEY 444 77- G rk\o-910 26 ' • KODIAK ISLAND BOROUGH Box 1246 Kodiak, Alaski 99613 1 FIRST CLASS MAIL NOT CE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from MR. CHARLES HOBBS requesting for a variance from the requirement of Section 18.18.040 (B 1) of the Kodiak Island Borough Code of Ordinances to permit construction of an addition to a single family dwelling which projects approximately 1' (foot) into a required side yard on Lot 24, Block 19, Townsite Subdivision in an R-2 Zoning District. The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, October.0.5, 1978 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 300 feet of the above -referenced property. This will be the only Public Hearing before the Planning and Zoning Commission on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments