LARSEN BAY TR A BK 19 LT 4 - Conditional Use PermitJohn & Shelby Peterson
Jerre Munson
18050 SW Shawnee Trail
Tualatin, OR 97062
Kodiak Island Borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kodiakak.us
July 16, 2009
Re: Case 09-021. Request a Conditional Use Permit, according to KIBC 17.25.030,
17.75.030.0 and 17.200.020, to allow a Bed And Breakfast (B&B) with a maximum of
five (5) off-street parking spaces and a breezeway connection between the main structure
and an existing detached accessory building.
Dear Mr. & Mrs. Peterson& Mr. Munson:
The Kodiak Island Borough Planning and Zoning Commission at their meeting on, July 15,
2009, granted the conditional use permit request cited above, subject to the following
stipulations:
STIPULATIONS
1. The property owners shall comply with all representations offered in the letter dated June 1,
2009 and which was submitted with the application for this CUP.
2. The property owners shall comply with the site plan dated July 2, 2009 that was submitted in
support of the application for CUP.
3. Any substantial change or• alteration in the use, operation or structural development on Lot 4,
Blk• 19, Larsen Bay Townsite shall require a new CUP application and review by the
Planning and Zoning Commission prior to the implementation of any such proposed change
or alteration.
4. The property owners shall obtain and submit evidence of compliance with the local City of
Larsen Bay transient accommodation tax and business license requirements prior to obtaining
a zoning compliance permit for the change of use and the covered breezeway addition to
connect the existing accessory building.
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. An approved conditional use
permit must be permitted within a two-year period to be valid. Please contact this office for
further details.
According to KIBC 17.200.080:
The commission's action may be appealed to the assembly by any party by filing a written notice
of appeal with the Borough Clerk within twenty (20) clays 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 is accompanied by the appropriate appeal fee. Therefore, the Commission's
decision will not be final and effective until twenty (20) days following the decision.
This letter shall constitute the conditional use permit. 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 in support of their decision:
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of the
surrounding area.
The "B&B" has already been in operation for years as an unpennitted lodge and although
there may have been comments from the community during the recent rezone review, there
are no other documented complaints pertaining to this property on file currently. If the
Commission becomes aware of any concerns by adjoining property owners about noise, dust
or traffic, it may consider the requirement of screening improvements between this property
and other adjoining residential properties. Because the intent of the approval is to bind the
property use and structures to the offered conditions of the application packet, it is believed
that this will ensure the use should continue at the existing level which has not shown to be
incompatible with the neighborhood based on borough records for the area.
2. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
The requested Conditional Use is a listed conditional use in the R1 -Single-family Residential
zoning district and the Planning & Zoning Commission has exercised appropriate over -sight
through this review process and public hearing. The Commission may require evidence of
successful coordination between the property owner and the City of Larsen Bay regarding the
appropriate collection of transient accommodation taxes.
3. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
The Commission believes that by binding this approval to the terms and conditions offered in
the application materials that the use may continue as currently. operated subject to a new
public hearing CUP review for any changes to uses -or structures that may arise in the future.
The Commission will only require stipulations for screening or fencing as the input gained
through the public hearing process dictates.
4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet
the conditions listed in subsections A through C of this section.
The subject lands well exceed the zoning district's minimal size requirement of 7,200 square
feet. Because of the large lot size and width, no additional surveys or as -built surveys need
be required beyond the site plans submitted. A copy of a recent aerial photo for the area
appears to validate the site plan submittal.
2
5. The proposed use or structure is located in a manner which will maximize public
benefits.
As a private development this finding is not applicable to the case.
If you have any questions about the action of the Commission, please contact, the Community
Development Department at 486-9363.
Sincerely,
Q naVn qtr tQ9�
Sheila Smith, Secretary
Community Development Department
CC: Brian J. Stibitz
1-1
Dvorak gave a staff report stating this case is related to the previous case and the applicant has
requested postponement until the August 19, 2009 Planning & Zoning regular meeting.
COMMISSIONER WATKINS MOVED to postpone Case 09-020 until the August 19, 2009
Planning & Zoning regular meeting.
The public hearing was opened & closed. There were no public comments.
Roll call vote on motion CARRIED 6-0.
C) Case S09-021. Request a vacation, according to KIBC 16.60, of a, portion of a 10 foot
wide utility easement over Lot 1A, U.S. Survey 3466 (originally created by Plat 80-22) and'
the vacation of a portion of a driveway and utility easement located over a portion of the
same lot.
Dvorak reported 15 public hearing notices were sent out with no comments returned. Staff
recommends approval of this request and forward to the Assembly.
COMMISSIONER JANZ MOVED to grant approval, according to KIBC 16.60, of the vacation of
a 10 foot wide utility easement on Lot IA, U.S. Survey 3466, and to vacate a portion of a driveway.
and utility easement on the same lot, subject to a condition of approval requiring the review of
said vacations by the Kodiak Island Borough Assembly.
The public hearing was opened. Robert Berg spoke in support of his request. The public hearing
was closed.
Commission discussion.
CONDITION OF APPROVAL
1. The vacation shall be reviewed and approved by the Assembly prior to the granting of final
plat approval.
Roll call vote on motion CARRIED 6-0.
COMMISSIONER JANZ MOVED to grant preliminary approval according to KIBC 16.40, of a
replat depicting the vacation of a 10 foot wide utility easement and a portion of a driveway and
utility easement located on Lot 1A, U.S. Survey 3466.
The public hearing was opened & closed. There were no public comments.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey 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 vote on motion CARRIED 6-0.
D) Case 09-021. Request a Conditional Use Permit, according to KIBC 1125.030,
17.75.030.0 and 17.200.020, to allow a Bed And Breakfast (B&B) with a maximum of five
(5) off-street parking spaces and a breezeway connection between the main structure and
an existing detached accessory building.
Dvorak reported seventeen public hearing notices were sent out with 1 response returned
opposing this request, and staff recommends approval of this conditional use request with
appropriate stipulations.
July 15, 2009 P&Z Minutes Page 2 of 5
In response to COMMISSIONER KERSCH inquiring if the A -frame lodge is Peterson's and
where Carlson lives in relation to the Foxtail Lodge Dvorak stated it is the A frame and Carlson
lives at the other end of town.
In response to COMMISSIONER TORRES' inquiry of is Carlson representing the City Council
Dvorak said he believes it's a personal response; if it was from the city we would expect it to
come from the mayor or City Council.
COMMISSIONER TORRES MOVED to grant a conditional use permit (CUP), according to
KIBC 17.25.030, 17.75.030(C) and 17.200.020 (Conditional Use Permits), to allow a Bed and
Breakfast (B&B) with a maximum of five (5) guest rooms to be rented out, an additional three
(3) off-street parking spaces and a breezeway connection between the main structure and an
existing detached accessory building., subject to the stipulations contained in the staff report
dated May 6, 2009, and to adopt the findings therein as Findings of Fact for case 09-021.
The public hearing was opened & closed. There were no public comments.
During discussion the commission was in agreement that they received mostly favorable
comments towards this lodge with no negative comments regarding health and safety when in
Larsen Bay.
' STIPULATIONS
1. The property owners shall comply with all representations offered in the letter dated June 1,
2009 and which was submitted with the application for this CUP.
2. The property owners shall comply with the site plan dated July 2, 2009 that was submitted
in support of the application for CUP.
3. Any substantial change or alteration in the use, operation or structural development on Lot
4, Blk 19, Larsen Bay Townsite shall require a new CUP application and review by the
Planning and Zoning Commission prior to the implementation of any such proposed change
or alteration.
4. The property owners shall obtain and submit evidence of compliance with the local City of
Larsen Bay transient accommodation tax and business license requirements prior to
obtaining a zoning compliance permit for the change of use and the covered breezeway
addition to connect the existing accessory building.
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of the
surrounding area.
The "B&B" has already been in operation for years as an unpermitted lodge and although
there may have been comments from the community during the recent rezone review, there
are no other documented complaints pertaining to this property on file currently. If the
Commission becomes aware of any concerns by adjoining property owners about noise, dust
or traffic, it may consider the requirement of screening improvements between this property
and other adjoining residential properties. Because the intent of the approval is to bind the
property use and structures to the offered conditions of the application packet, it is believed
that this will ensure the use should continue at the existing level which has not shown to be
incompatible with the neighborhood based on borough records for the area.
2. That the conditional use fulfills all other requirements of this chapter pertaining to the
conditional use in question.
The requested Conditional Use is a listed conditional use in the R1 -Single-family Residential
zoning district and the Planning & Zoning Commission has exercised appropriate over-
. sight through this review process and public hearing. The Commission may require
July 15, 2009
P&Z Minutes Page 3 of 5
evidence of successful coordination between the property owner and the City of Larsen Bay
regarding the appropriate collection of transient accommodation taxes.
3. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
The Commission believes that by binding this approval to the terms and conditions offered
in the application materials that the use may continue as currently operated subject to a new
public hearing CUP review for any changes to uses or structures that may arise in the future.
The Commission will only require stipulations for screening or fencing as the input gained
through the public hearing process dictates.
4. The sufficient setbacks, lot area buffers or other safeguards are being provided to meet
the conditions listed in subsections A through C of this section.
The subject lands well exceed the zoning district's minimal size requirement of 7,200 square
feet. Because of the large lot size and width, no additional surveys or as -built surveys need
be required.beyond the site plans submitted. A copy of a recent aerial photo for the area
appears to validate the site plan submittal.
5. The proposed use or structure is located in 'a manner which will maximize public
benefits.
As a private development this finding is not applicable to the case.
Roll call vote on motion CARRIED 6-0.
OLD BUSINESS
There was no old business.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
There were no communications.
REPORTS
A. Meeting Schedule:
• August 12, 2009 work session at 7:30pm in the KIB Conference Room.
• August 19, 2009 regular meeting at 7:30pm in the Assembly Chambers.
B. Minutes of Other Meetings
• May 26, 2009 Parks & Recreation Committee Meeting Minutes
• June 9, 2009 Parks & Recreation Committee Meeting Minutes
Dvorak reported on the meeting schedule and Parks & Recreation minutes.
COMMISSIONER TORRES MOVED to accept reports as presented.
Voice vote on motion CARRIED unanimously.
AUDIENCE COMMENTS
There were no audience comments.
COMMISSIONER'S COMMENTS
COMMISSIONER JANZ stated she's glad Steve is back to broadcasting the meeting. She also
said she was at the Parks & Rec meeting and had a good discussion on Mill Bay Beach which
July 15, 2009 PCZ Minutes Page 4 of 5
lIL d
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Ray Road, Kodiak, Alaska 99615
Public Hearing Item VI -D
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, July 15, 2009. The meeting will begin at 7:30
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: 09-021
APPLICANT: John & Shelby Peterson and Jerre Munson (Foxtail Lodge)
REQUEST:
A Conditional Usc Permit, according to KIBC 17.25.030, 17.75.030(C) and
17.200.020, to allow a Bed and Breakfast (B&B) with a maximum of five (5)
guest rooms to be rented out, an additional three (3) off-street parking spaces
and a breezeway connection between the main structure and an existing
detached accessory building.
LOCATION: Larsen Bay, Tract A, Block 19, Lot 4
ZONING: R1 -Single Family Residential
This notice is being sent to you because our records indicate you are a property owner/interested party
the request. If you do not wish to testify verbally, you may provide your comments in the space below,
to the Community Development Department Lutz to the meeting. If you would like to fax your comments
our fax number is: (907) 486-9396. If you would like to testify via telephone, please call in your
during the appropriate public hearing section of the meeting. The local call-in telephone number
The tall tree telephone number Is 1-8004784136.
One week prior to the regular meeting, on Wednesday, July 8, 2009, a work session will be held at
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
decision on this request. If you have any questions about the quest o ur peal rights, please feel
at 486-9363.///���,
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Peterson & Munson
&B)
Request a Conditional Use Permit, according to KIBC 17.25.030,
17.75.030(C) and 17.200.020, to allow a Bed and Breakfast (B
with a maximum of five (5) guest rooms to be rented out, an
additional three (3) off-street parking spaces and a breezeway
connection between the main structure and an existing detached
accessory building.
Legend
Subject Parcel
Notification Area
s
0 210 420 Feet
1 1 1 1 1
Map prepared for the purpose of showing
the General location of the Kodiak Urban area. June, 2005.
Alaska Highway System, GPS centerline data,
National Highway System, Highways, Roads,
Streets., Alaska D.O.T. Sept. 2002
Contour information:USGS Digital Elevation Model
Kodiak, Alaska. 50 foot intervals, Scale is 1:63,360
Created in ArcGIS 9, NAD 27, State Plane 5
Parcel information is taken from selected fields
in the current computerized property records in
the Assessing Dept. This data has not been
reconciled with data contained in manual files
which may be more up-to-date. Kodiak Island
Borough Community Development Department.
LARSEN BA Y WATERSHED
93-72
9, -26
69-16
R6-19
LARSEN BAY TOWNSI TE
ZONING MAP
PUBLIC USE LANDS
BUSINESS
LI- LIGHT INDUSTRIAL
w ACCODR11tl 11711 RID ON9w{t 77-19-0. kJ. 1A10S WM. M COWCIWIO VMS Or
L R>a1 6Rr 1wt RC20KD 10 R-1 1!11(33 ODr916C 910111.
Lot 4, Blk 19
Larsen Bay Townsite
Public Hearing Item VI -D
MEMORANDUM
DATE: July 6, 2009
TO: Planning and Zoning Commission
FROM: Community Development Department
SUBJECT: Information for the July 15, 2009 Regular Meeting
CASE: 09-021
APPLICANT: John & Shelby Peterson and Jerre Munson
AGENT: Brian J. Stibitz, Attorney
REQUEST: A Conditional Use Permit, according to KIBC 17.25.030,
17.75.030(C) and 17.200.020 (Conditional Use Permits), to allow a
Bed and Breakfast (B&B) with a maximum of five (5) guest rooms
to be rented out, an additional three (3) off-street parking spaces
and a breezeway connection between the main structure and an
existing detached accessory building.
LOCATION: Larsen Bay, Tract A, Block 19, Lot 4
ADDRESS: None Assigned
ZONING: R1 -Single-family Residential
Seventeen (17) public hearing notices were mailed on June 15, 2009.
Date of site visit: None
1. Zoning History:
2. Lot Size:
3. Existing Land Use: Single-family Residential and Un -permitted Fishing Lodge
4. Surrounding Land Use and Zoning:
North: Lot 9, Blk 16 Larsen Bay Townsite
Use: Public Reserve (Greenbelt)
Zoning: R1 -Single-family Residential
South: Lots 6 and 7, Blk 19, Larsen Bay Townsite
Use: Single-family Residential
Zoning: R1 -Single-family Residential
East: Lots 3, 7 and 8, Blk 19, Larsen Bay Townsite
Use: Single-family Residential
Zoning: R1 -Single-family Residential
West: Lot 5, Blk 19 and Lot 10, Blk 16, Larsen Bay Townsite
Use: Single-family Residential
Zoning: R1 -Single-family Residential
Case 09-021/Staff Report
Page 1 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
Comprehensive Plan: The 2008 Kodiak Island Borough Comprehensive
Plan Update identifies this , area for commercial
development.
6. Applicable Regulations: The following sections of Title 17 (Zoning) of the
Borough Code and the Kodiak Island Borough
Coastal Management Program are applicable to this
request: -
17.10.030 COMPREHENSIVE PLAN.
For the purpose of this title, the Kodiak Island Borough comprehensive plan consists
of the following documents:
A. Kodiak Island Borough comprehensive plan update dated December 6, 2007,
prepared by Cogan, Owens, Cogan and the Kodiak Island Borough; ...
17.75.030 CONDITIONAL USES.
The following land uses may be allowed by obtaining a conditional use permit in
accordance with the provisions of Chapter 17.200 KIBC:
A. Hospitals;
B. Schools;
C. Bed and breakfasts; and
D. Vacation homes.
17.200.050 STANDARDS.
In granting a conditional use permit, the commission must make the following
findings:
A. That the conditional use will preserve the value, spirit, character and integrity of the
surrounding area;
B. That the conditional use fulfills all other requirements of this chapter pertaining to
the conditional use in question;
C. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort;
D. That the sufficient setbacks, lot area, buffers or other safeguards are being
provided to meet the conditions listed in subsections A through C of this section;
E. If the permit is for a public use or structure, the Commission must find that the
proposed use or structure is located in a manner which will maximize public benefits.
17.200.060 STIPULATIONS.
In recommending the granting of a conditional use, the commission shall stipulate, in
writing, requirements which it finds necessary to carry out the intent of this chapter.
These stipulations may increase the required lot or yard size, control the location and
number of vehicular access points to the property, require screening and landscaping
where necessary to reduce noise and glare, and maintain the property in a character in
keeping with the surrounding area; or may impose other conditions and safeguards
designed to ensure the compatibility of the conditional use with other uses in the district.
Case 09-021/Staff Report Page 2 of 8 P & Z: July 15, 2009
Public Hearing Item Vi -D
17.200.070 ACTION BY PLANNING AND ZONING COMMISSION.
The commission shall render a decision on the application for conditional use permits
within 30 calendar days from the date of public hearing unless the applicant consents to
a postponement. The community development department shall incorporate any
conditions and requirements stipulated by the commission in the conditional use permit.
An approved conditional use must be permitted within a two-year period to be valid.
COASTAL MANAGEMENT APPLICABLE POLICIES
4.4 Enforceable Policies
B. Coastal Development
POLICY B-1: MULTIPLE USE
a. Structures or dredged or fill material placed in coastal waters shall be designed to minimize the need
for duplicative facilities.
Consistency of Applicable. The project will not involve the placement of structures, dredge or fill
material in coastal waters]
b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It
applies to all uses and activities related to siting of facilities in or adjacent to coastal waters and
placement of dredged or fill material Into coastal waters.
Consistency: Not Applicable. The project location is not adjacent to or within coastal waters!
POLICY B-3: DREDGE AND FILL ACTIVITIES
a. An applicant for a project that will place structures or discharge dredge or fill material into coastal
waters must include in the project description measures that will limit the extent of direct disturbance to as
small an area as possible.
Consistency: Not Applicable. The project location is not adjacent to or within coastal waters!
b. This policy is established for the Coastal Development standard (11 AAC 112.200) subject use. It '
applies to all uses and activities related to placement of structures in or adjacent to coastal waters and
placement of dredged or fill material into coastal waters.
_Consistency: Not Applicable. The project location is not adjacent to or within coastal waters!
C. Natural Hazards
POLICY C-1: EROSION AND LANDSLIDES
a. Proposed development and resource extraction activities in designated erosion hazard areas shall:
1. Minimize removal of existing vegetative cover, and
2. Stabilize soils and re -vegetate with native species for areas where development necessitates
removal of vegetation, unless re -vegetation activities would cause more damage.
Consistency: Not Applicable. The project location is not located in a designated erosion hazard area.
b. Subsection a applies to areas designated as erosion hazards under 11 AAC 114.250(b) as described
in Section 4.5.2.
Consistency_ Not Applicable. The project location is not located in a steep slope area or identified as
within an erosion hazard area.
Case 09-021/Staff Report
Page 3 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
D. Coastal Habitats and Resources
POLICY D-5: WIND GENERATION AND BIRD HABITAT
a. The applicant shall incorporate measures Into the project description regarding the siting of wind
generation projects to minimize mortality to birds. These measures shall Include, but are not limited to,
installation of turbines on the tallest towers practicable for the site, configuration of towers to reduce the
likelihood of bird strikes, and use of tubular towers, fully enclosed nacelles or other appropriate
technology that has been demonstrated to reduce bird mortality from wind turbines.
Consistency: Not Applicable. The project does not involve a wind generation project!
b. This policy applies to uses and activities related to the Energy Facilities Standard 11 AAC 112.230.
Consistency_ Not Applicable. The project does not involve the development or construction of an
energy facility
H. Recreation
POLICY H-1: PROTECTION OF RECREATION RESOURCES AND USES
a. On public lands and waters used for recreation activities within designated recreation areas or on
private lands and waters within designated recreation areas where the landowner has granted formal
permission for recreational activities, non -recreational projects and activities shall be located, designed,
constructed and operated to avoid significant adverse impacts to recreation resources and activities,
Including access and scenic views unless a comparable alternative recreational opportunity can be
provided that would not decrease the quality of the recreation experience in another area.
Consistency: Not applicable. This request does not involve the use or development of public lands or,
waters used for recreation or any other public purpose!
b. Access through water bodies shall be maintained.
1. Fences shall not be constructed across streams,
2. Bridges must be constructed at least four feet above the ordinary high water mark,
3. Structures, other than weirs, shall not impede travel by watercraft along waterways, and
4. Weirs shall be constructed to allow for small boat passage over or around the structures, and
waming signs shall be placed at least 25 yards upstream of the weirs.
Consistency: Not applicable. The project is not Located along a water body used for recreation
purposes!
c. This policy applies to areas designated for recreation under 11 AAC 114.250(c) as described in
Section 4.5.1, and it applies to all uses and activities that could affect recreational values described in the
resource inventory and analysis.
Consistency,_ Not. applicable. This area is not specifically identified or reserved for recreational use
under 11 AAC 114.250(c)J
I. Archaeological and Historic Resources
POLICY 1-1: CONSULTATION AND SURVEYS
a. For projects within the historic and prehistoric designation area, the applicant shall submit with the
consistency review packet an assessment of potential impacts to historic and prehistoric resources and a
plan for the protection of those resources. As part of the assessment, the applicant shall consult with the
KIB, tribal entities and the Alutiiq Museum.
Consistency: Not applicable. The project is not known to be located in an area identified as a historic
or prehistoric resource area!
Case 09-021/Staff Report Page 4 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
b. This policy is established for areas designated for the study, understanding and illustration of history
and prehistory under 11 AAC 114250(1) as described in Section 4.5.4. It applies to all uses and activities
that could affect these resou'rces
Consistency:: Not • applicable. The project is not located in an area identified as a historic or prehistoric
resource area)
POLICY 1-2: RESOURCE PROTECTION
a. For projects within the historic and prehistoric designation area, if previously undiscovered artifacts or
areas of historic, prehistoric or archaeological importance are encountered during development, an
artifact curation agreement will be developed between the landowner, appropriate state of federal
preservation authorities, and the curation facility if artifacts are discovered on the project site.
Consistency_ Unknown. The project maybe located within an undesignated area historic or prehistoric
area)
b. This policy is established for areas designated for the study, understanding and illustration of history
and prehistory under 11 AAC 114.2500) as described in Section 4.5.4. It applies to all uses and activities
that could affect these resources.
Consistency: Unknown. The protect may be located in an area identified for the study, understanding
orillustration of history and prehistory under 11 AAC 114 250(W
K. Mineral Extraction'and Processing
POLICY K-1: SITING OF MATERIAL SOURCES
a. Sources of sand and gravel shall be authorized in the following priority:
1. Upland sites, including river terraces above historic high water,
2, Areas of low habitat value, including river bars,
3. Streams which do not provide fish habitat, and
4. Other habitats.
Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources]
b. This policy applies to the sand and gravel standard (11 AAC 112.260).
Consistency: Not Applicable. The project does not involve extraction of sand and gravel resources!
4.5 Designated Areas
4.5.1 Recreation Areas
N/A
4.5.2 Natural Hazard Areas
N/A
4.5.3 Important Habitat Areas
N/A
4.5.4 Historic and Prehistoric Resource Areas
N/A
4.5.5 Commercial Fishing and Seafood Processing Facilities
N/A
4.5.6 Subsistence Areas
NIA
Case 09-021/Staff Report
Page 5 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
COMMENTS
The applicant proposes to move into conformity with the R1 -Single-family Residential
zoning district by obtaining approval of a conditional use permit (CUP) to operate a Bed
& Breakfast on Lot 4, Blk 19, Larsen Bay Townsite, in lieu of the existing non -permitted
lodge operation that has been in place for a number of years. Previously, the site was
denied a rezone to B -Business which might have eased the transition toward
conformity. The circumstances of the community infrastructure operations and
maintenance made it difficult to recommend zoning changes that would substantially
increase the development potential in the community. Still, few people had a concern
with this lodging operation continuing at its present level or as limited by the applicable
Bed and Breakfast provisions of the KIB zoning code.
Several years ago a new ordinance was adopted amending the zoning code to make
Bed and Breakfast (B&B) a named principal use in the various residential zoning
districts. As such, it now requires zoning compliance in most districts and a conditional
use permit in the R1 -Single-family Residential zoning district. Prior to that time, B&B
was considered a subset of the "Home Occupation" permitted use, however with much
greater limitation on the number of guest rooms (2 guest rooms maximum). The new
ordinance provides much greater latitude to establish multi-guestroom B&B's with up to
five (5) guest rooms subject to certain requirements for parking and collection of the
local transient accommodation taxes.
The petitioner's, through their agent, have submitted a letter dated June 1, 2009
detailing the parameters of the proposed B&B operation and a site plan dated July 2,
2009. Rather than recite the information contained in those documents, staff will simply
refer to them generally. From staffs review it appears that the B&B as proposed will
meet the requirements of the CUP. Staff will recommend, however, that the approval
be subject to certain stipulations binding the approval to the representations contained
in these documents and to such other conditions of approval necessary to clarify the full
compliance with the applicable code requirements.
According to the site plan and -development plan, the property owner will substantially
connect the existing "bunk house" to the main structure by way of a covered breezeway
at least eight (8) feet in width. Although the site plan does not show individual off-street
parking spaces, the site appears to be large enough to support three (3) off-street
parking spaces. Staff calculates that there are three (3) parking spaces required for the
residential use and 3 additional spaces required for a five (5) guest room B&B.
Because the City of Larsen Bay gets a reduction of 50% on all parking calculations due
to its remote status.
Staff recommends that in keeping with the intent of the new B&B regulations that
evidence of compliance with City of Larsen Bay transient accommodation tax be
considered in lieu of the boroughs tax which is superseded within the other incorporated
communities within the borough.
Staff is cognizant of the need to ensure building and life safety concerns are addressed
even in the remote communities. In the case of the rezoned lodges in Larsen Bay, staff
recommended an effective clause for each proposed commercial property to undergo
an Alaska State Fire Marshal building plan review prior to the rezone becoming
Case 09-021/Staff Report Page 6 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
effective. In this case, the residential status of the building and use for B&B purposes
still falls within the residential exempt category so staff will not be making a similar
recommendation in this case.
CONFORMANCE WITH THE COMPREHENSIVE PLAN:
The 2008 Kodiak Island Borough Regional Comprehensive Plan designates this lot for
commercial development, although all the lots surrounding this lot are designated for
residential use and development. B&B uses by conditional use in the R1 -Single-family
Residential zoning district are considered to be generally compatible with residential
land uses subject stipulations or "conditions of approval" the Planning and Zoning
Commission deem relevant and appropriate to the requested use.
RECOMMENDATION
Staff recommends that the Commission grant this conditional use request with
appropriate stipulations.
APPROPRIATE MOTION
Should the Commission agree with the staff recommendation, the appropriate motion is:
Move to grant a conditional use permit (CUP), according to
KIBC 17.25.030, 17.75.030(C) and 17.200.020 (Conditional
Use Permits), to allow a Bed and Breakfast (B&B) with a
maximum of five (5) guest rooms to be rented out, an
additional three (3) off-street parking spaces and a
breezeway connection between the main structure and an
existing detached accessory building., subject to the
stipulations contained in the staff report dated May 6, 2009,
and to adopt the findings therein as FINDINGS OF FACT for
case 09-021.
STIPULATIONS
1. The property owners shall comply with all representations offered in the letter
dated June 1, 2009 and which was submitted with' the application for this CUP.
2. The property owners shall comply with the site plan dated July 2, 2009 that was
submitted in support of the application for CUP.
Any substantial change or alteration in the use, operation or structural
development on Lot 4, Bit( 19, Larsen Bay Townsite shall require a new CUP
application and review by the Planning and Zoning Commission prior to the
implementation of any such proposed change or alteration.
4. The property owners shall obtain and submit evidence of compliance with the
local City of Larsen Bay transient accommodation tax and business license
requirements prior to obtaining a zoning compliance permit for the change of use
and the covered breezeway addition to connect the existing accessory building.
;,3.
Case 09-021/Staff Report Page 7 of 8 P & Z: July 15, 2009
Public Hearing Item VI -D
FINDINGS OF FACT
1. That the conditional use will preserve the value spirit character and integrity of
the surrounding area.
The "B&B" has already been in operation for years as an unpermitted lodge
and although there may have been comments from the community during the
recent rezone review, there are no other documented complaints pertaining to
this property on file currently. If the Commission becomes aware of any
concerns by adjoining property owners about noise, dust or traffic, it may
consider the requirement of screening improvements between this property and
other adjoining residential properties. Because the intent of the approval is to
bind the property use and structures to the offered conditions of the application
packet, it is believed that this will ensure the use should continue at the existing
level which has not shown to be incompatible with the neighborhood based on
borough records for the area.
2. That the conditional use fulfills all other requirements of this chapter pertaining
to the conditional use in question.
The requested Conditional Use is a listed conditional use in the R1 -Single-
family Residential zoning district and the Planning & Zoning Commission has
exercised appropriate over -sight through this review process and public
hearing. The Commission may require evidence of successful coordination
between the property owner and the City of Larsen Bay regarding the
appropriate collection of transient accommodation taxes.
3. That granting the conditional use permit will not be harmful to the public health,
safety, convenience and comfort.
The Commission believes that by binding this approval to the terms and
conditions offered in the application materials that the use may continue as
currentlyoperated subject to a new public hearing CUP review for any changes
touses or structures that may arise in, the future. The Commission will only
require stipulations for screening or fencing as the input gained through the
public hearing process dictates.
4. The sufficient setbacks, lot area buffers or other safeguards are being provided
to meet the conditions listed in subsections A through C of this section.
The subject lands well exceed the zoning district's minimal size requirement of
7,200 square feet. Because of the large lot size and width, no additional
surveys or as -built surveys need be required beyond the site plans submitted.
A copy of a recent aerial photo for the area appears to validate the site plan
submittal.
5. The proposed use or structure is located in a manner which will maximize public
benefits.
As a private development this finding is not applicable to the case.
Case 09-021/Staff Report Page 8 of 8 P & Z: July 15, 2009
REEVES AM o D t o LLC
Arronnr.rs AT LAW
June 1, 2009
Bud Cassidy
Director, Community Development Department
Kodiak Island Borough
710 Mill Bay Road, Room 205
Kodiak , AK 99615
RE: Foxtail Lodge
Dear Bud,
We represent John Peterson, Shelby Peterson, Jerre Munson and their business
(collectively "Foxtail Lodge'). Pursuant to Kodiak Island Borough, Code (KIBC)
17.75.030(C) and 17.200.020, Foxtail Lodge seeks a conditional use permit to operate
their business as a bed and breakfast. Foxtail Lodge is located at Larsen Bay, Tract A,
Block 19, Lot 4 (the "Property").
On November 6, 2008, the Kodiak Island Borough Assembly declined to rezone
the Property from R-1 Single Family Residential to B -Business District. However, the
Community Development Department suggested that Foxtail Lodge seek a conditional
use permit to operate as a bed and breakfast if the Property ultimately is not rezoned as
B -Business District.
The Foxtail Lodge meets the definition of "bed and breakfast" as set forth in
KIBC 17.25.030, which states:
"Bed and breakfast (B&B)" means overnight accommodations and
a morning meal in a dwelling unit provided to transients for
compensation. The operator of the B&B must reside on the
premises and the maximum number of rooms that can be rented
out is five. In addition to the off-street parking requirements of
KIBC 17.175.040 for a single-family dwelling, a B&B with up to
two guest rooms must provide one additional parking space; a
B&B with three to four guest rooms must provide two additional
parking spaces; and a B&B with five guest rooms must provide
three additional parking spaces.
Foxtail Lodge will of course provide its guests overnight accommodation and
breakfast. At least one of the operators of Foxtail Lodge resides at the Property during
the operation of Foxtail Lodge, which is from mid-June through mid-September.
Besides the operator residing at the Property, Foxtail Lodge has a staff of two (2) guides,
a cook/house keeper, and a dock hand for its daily operations.
SOU 1.
STREET
Suite 300
ANCHORAGE
Alaska
99501
rclephane
(907) 222-7100
Facsimile
(907) 222-7199
Website •
www.reevmnodio.ccm
June 1, 2009
Page 2
Foxtail Lodge typically accommodates four (4) to six (6) people at a time, and under no
circumstances will it accommodate more than ten (10) people. It has the requisite five (5) guest
rooms to accommodate a maximum of ten (10) guests.
There are two structures on the Property which will be utilized for the bed and breakfast —
a main house and a bunk house. The main house has a loft with the dimension of approximately
fourteen (14) feet long and sixteen (16) feet wide (224 square feet), which has four (4) beds.
Pursuant to KIBC, this loft could be classified as two (2) guest rooms.[ The main house also has
another guest room which sleeps up to two (2) people. The bunk house is fourteen (14) feet wide
by twenty-eight (28) feet long, thus has an area of three hundred ninety-two (392) square feet.
The bunkhouse can be considered three (3) guest rooms pursuant to KIBC 17.25.080.
Currently, the bunkhouse is not connected to the main house. Foxtail Lodge understands
that an "accessory building" permitted pursuant to KIBC 17.75.020(A) "shall be considered part
of the main building when joined to the main building by ...a roofed passageway which shall not
be less than eight feet in width." KIBC 17.160.020(B) Foxtail Lodge is committed to building a
breezeway between the main house and the bunk house which is eight feet wide (or more),
contingent upon the Borough's commitment to issue a conditional use permit.
Foxtail Lodge has more than the six (6) parking spaces required for a five (5) room bed
and breakfast mandated by KIBC 17.175.040. More than six (6) cars can park in the gravel
parking lot which is located in the front of the Property. That said, Foxtail Lodge does not
anticipate using most of these parking spots because its guests are customarily picked up at the
airstrip and do not drive automobiles.
The Property is larger than 7,200 square feet, as mandated by KIBC 17.75.040(A), and is
wider than 60 feet, as required by KIBC 17.75.040(B). The main house is seventy-two (72) feet
from the street, thus is compliant with KIBC 17.75.050(A). The side yards and back yard are all
larger than ten (10) feet, thus are compliant with 17.75.050(B) and (C).
As part of its operations, Foxtail Lodge intends to take its guests on guided fishing trips.
Nothing in the KIBC prohibits a bed and breakfast from offering this service. Moreover, Foxtail
Lodge intends on using the business name "Foxtail Lodge", notwithstanding that it intends to
obtain a conditional use permit as a bed and breakfast.
Foxtail Lodge has been operating, without complaints from its neighbors, since June
2000. Foxtail Lodge intends to continue to be a contributing member of the Larsen Bay and
Kodiak Island Borough communities, and will contribute to the public good, as it has in the past,
I See, KIBC 17.25.080, stating: "'Guest room' means any room in a hotel, dormitory,
boardinghouse, bed and breakfast, or lodging house used and maintained to provide sleeping
accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor
area used for sleeping purposes shall be considered to be a separate guest room in a large
common area sleeping arrangement."
June 1, 2009
Page 3
by giving its additional fish and supplies to feed the elders, and by utilizing local members of the
community to assist in the operation of the lodge.
For all the reasons stated above, the Commission will be justified in finding, pursuant to
K1BC 17.200.050, that (a) "the conditional use will preserve the value, spirit, character and
integrity of the surrounding area;' (b) "the conditional use fulfills all other requirements of this
chapter pertaining to the conditional use in question;" (c) "granting the conditional use permit
will not be harmful to the public health, safety, convenience and comfort;' and (d) "the sufficient
setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in
subsections A through C of this section."
Finally, while Foxtail Lodge is applying for a conditional use permit, this application
should not be deemed an admission by Foxtail Lodge that a conditional use permit is necessary
for Foxtail Lodge to continue its current operations. Foxtail Lodge was built in 2000, with no
objection by the Kodiak Island Borough or Larsen Bay. Foxtail Lodge has been licensed to
operate there since 2000. Should this application be denied, Foxtail Lodge reserves the right to
assert the Borough waived the right to enforce the KIBC, that the lodge is a prior existing use,
that enforcement of the KIBC constitutes a taking, or any other applicable legal defense. That
said, Foxtail Lodge is hopeful that issuance of conditional use permit for a bed and breakfast is
the appropriate means of addressing the continuing operation of the lodge.
Please do not hesitate to contact me if the Borough requires additional information.
Sincerely yours,
REEVES AMO O LLC
Brian . Stibitz
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KODIAK ISLAND BOROUGH — COAAMUNITY DEVELOPMENT DEPARTMENT
710 Min Bay Rd., Rap m 205, KOOIAPC. AK 09615.4398.(O07) 48003&9 -FAX (007) 406-9306
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John & Shelby Peterson
& Jerre Munson
18050 SW Shawnee Trail
Tualatin, OR 97062
Kodiak Island Borough
Community Development Department
710 Mill Bay Road Room 205
Kodiak, Alaska 99615
Phone (907) 486-9363 Fax (907) 486-9396
www.kib.co.kodiak.ak.us
June 15, 2009
Re: Case 09-021. Request a Conditional Use Permit, according to KIBC 17.25.030,
17.75.030(C) and 17.200.020, to allow a Bed and Breakfast (B&B) with a maximum of
five (5) guest rooms to be rented out, an additional three (3) off-street parking spaces and
a breezeway connection between the main structure and an existing detached accessory
building.
Dear Mr. & Mrs. Peterson & Mr. Munson:
Please be advised that the Kodiak Island Borough Planning and Zoning Commission has
scheduled the case referenced above for Public Hearing at their July 15, 2009 regular meeting.
This meeting will begin at 7:30 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, July 8, 2009 at 7:30 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,
cnetC2-0- )'mL03-0
Sheila Smith, Secretary
Community Development Department
Cc: Brian Stibitz
L)
KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Bay Road, Kodiak, Alaska 99615
Public Hearing Item VI -D
PUBLIC HEARING NOTICE
A public hearing will be held on Wednesday, July 15, 2009. The meeting will begin at 7:30
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: 09-021
APPLICANT: John & Shelby Peterson and Jerre Munson (Foxtail Lodge)
REQUEST:
A Conditional Use Permit, according to KIBC 17.25.030, 17.75.030(C) and
17.200.020, to allow a Bed and Breakfast (B&B) with a maximum of five (5)
guest rooms to be rented out, an additional three (3) off-street parking spaces
and a breezeway connection between the main structure and an existing
detached accessory building.
LOCATION: Larsen Bay, Tract A, Block 19, Lot 4
ZONING: R1 -Single Family Residential
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 prior to the meeting. If you would like to fax your comments to us,
our fax number is: (907) 486-9396. 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 1-800-478-5736.
One week prior to the regular meeting, on Wednesday, July 8, 2009, a work session will beheld at 7:30 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 property description:
Comments:
cp-l5-0c1
Current Location
Agenda Item #VI D
P & Z Case # 09-021
Peterson & Munson
Request a Conditional Use Permit, according to KIBC 17.25.030,
17.75.030(C) and 17.200.020, to allow a Bed and Breakfast (B&B)
with a maximum of five (5) guest rooms to be rented out, an
additional three (3) off-street parking spaces and a breezeway
connection between the main structure and an existing detached
accessory building.
Legend
Subject Parcel
Notification Area
N
0 210 420 Feet
Map prepared for the purpose of showing
the General location of the Kodiak Urban area. June, 2005.
Alaska Highway System, GPS Gentodina data,
National Highway System, Highways. Roads,
Streets., Alaska O.O.T. Sept. 2002
Contour infannation:USGS Digital Elevation Model
Kodiak, Alaska. 50 fool intervals, Scale is 1:63,360
Created In ArcGIS 9, HAD 27, Stale Plane 5
Parcel Information Is taken from selected fields
in the current mmputedaed property records In
the Assessing Dept This data has not been
reconciled with data contained In manual files
which may be more up -le -date. Kodiak stand
Borough Community Development Department
1
JAMES & MALLORY HAMILTON JIt
1435 H ST
ANCHORAGE, AK 99501
KODIAK ISL HSG AUTH/ALPIAK
3137 MILL BAY RD
KODIAK, AK 99615
LARSEN BAY PROPERTIES, LLC
941 POWELL AVE. SW, STE 150
RENTON, WA 98055
KODIAK ISL HSG AUTH/KATELNIKOF
3137 MILL BAY RD
KODIAK, AK 99615
MARK & SHEILA BEARDSLEY
PO BOX 398
CRAIG, AK 99921
ELIZABETH & NEIL CHENEY
8976 HIGHWAY 1
ANGORA, MN 55703
CITY OF LARSEN BAY
PO BOX 8
LARSEN BAY, AK 99624
KODIAK ISL HSG AUTH/FINCH
3137 MILL BAY RD
KODIAK, AK 99615
VALEN NORELLETAL
PO BOX 187
LARSEN BAY, AK 99624
MARTJN KULLER
PO BOX 312
CATHLAMET, WA 98612
KODIAK ISL HSG AUTH
3137 MILL BAY RD
KODIAK, AK 99615
KODIAK ISL HSG AUTH/FOSTER
3137 MILL BAY RD
KODIAK, AK 99615
JIM HOUK
3823 E. 20TH
JOPLIN, MO 64801
JERRE MUNSON ETAL
650 NE 13TH ST
MCMINNVII T F, OR 97128
STEPHEN OBRIEN
PO BOX 2842
KODIAK, AK 99615
KODIAK ISL HSG AUTH/JONES
3137 MILL BAY RD
KODIAK, AK 99615
ALEX & MABLE PANAMAROFF JR
P.O. BOX 6
LARSEN BAY, AK 99624
Jun -01-09 02:30pm From -REEVES ull° LLC +19072227199 T-241 P.01/05 F-303
REEVES AMODIO LLC
A t T 1 S k t f Al L.,\'
500 L STREET SUITE 300
ANCHORAGE. ALASKA 99501-1990
FAX (907)222-7199
PHONE: (907) 222-7100
FACSIMILE TRANSMITTAL SHEET
June 1,2009
TO: FAX NUMBER: VOICE CONTACT: VOICE CONFIRM.
Bud Cassidy, Director 907.486.9396 ❑ Yes ® No
Community Development Dept.
From: Brian ). Stibitz
Direct Dial: (907) 222.7102
Attachments: Correspondence w/attachment
Number of Pages (Including this cover page): 5
User & Client/Matter Number: Peterson
IF YOU HAVE QUESTIONS REGARDING THE TRANSMISSION OF THIS FAX,
PLEASE CONTACT THE FAX DEPARTMENT AT (907) 232-7100
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U.S. POSTAL SERVICE THANK YOU.
(EVES AMO DIO 1_, -(t;
ATTORNEYS AT LAW
RA
June 1, 2009
Bud Cassidy
Director, Community Development Department
Kodiak Island Borough
710 Mill Bay Road, Room 205
Kodiak , AK 99615
RE: Foxtail Lodge
Dear Bud,
We represent John Peterson, Shelby Peterson, Jerre Munson and their business
(collectively "Foxtail Lodge"). Pursuant to Kodiak Island Borough Code (KIBC)
17.75.030(C) and 17.200.020, Foxtail Lodge seeks a conditional use permit to operate
their business as a bed and breakfast. Foxtail Lodge is located at Larsen Bay, Tract A,
Block 19, Lot 4 (the "Property").
On November 6, 2008, the Kodiak Island Borough Assembly declined to rezone
the Property from R-1 Single Family Residential to B -Business District. However, the
Community Development Department suggested that Foxtail Lodge seek a conditional
use permit to operate as a bed and breakfast if the Property ultimately is not rezoned as
B -Business District.
The Foxtail Lodge meets the definition of "bed and breakfast" as set fo
KIBC 17.25.030, which states:
"Bed and breakfast (B&B)" means overnight accommodations and
a moming meal in a dwelling unit provided to transients for
compensation. The operator of the B&B must reside on the
premises and the maximum number of rooms that can be rented
out is five. In addition to the off-street parking requirements of
KIBC 17.175.040 for a single-family dwelling, a B&B with up to
two guest rooms must provide one additional parking space; a
B&B with three to four guest rooms must provide two additional
parking spaces; and a B&B with five guest rooms must provide
three additional parking spaces.
Foxtail Lodge will of course provide its guests overnight accommodation and
breakfast. At least one of the operators of Foxtail Lodge resides at the Property during
the operation of Foxtail Lodge, which is from mid-June through mid-September.
Besides the operator residing at the Property, Foxtail Lodge has a staff of two (2) guides,
a cookhouse keeper, and a dock hand for its daily operations.
Soo L
STREET
Suite 300
ANCHORAGE
Alaska
99501
Telephone
(907) 222-7100
Facsimile
(907)222-7199
Website
www.reevesamodio.com
June 1, 2009
Page 2
Foxtail Lodge typically accommodates four (4) to six (6) people at a time, and under no
circumstances will it accommodate more than ten (10) people. It has the requisite five (5) guest
rooms to accommodate a maximum of ten (10) guests.
There are two structures on the Property which will be utilized for the bed and breakfast —
a main house and a bunk house. The main house has a loft with the dimension of approximately
fourteen (14) feet long and sixteen (16) feet wide (224 square feet), which has four (4) beds.
Pursuant to KIBC, this loft could be classified as two (2) guest rooms.' The main house also has
another guest room which sleeps up to two (2) people. The bunk house is fourteen (14) feet wide
by twenty-eight (28) feet long, thus has an area of three hundred ninety-two (392) square feet.
The bunkhouse can be considered three (3) guest rooms pursuant to KIBC 17.25.080.
Currently, the bunkhouse is not connected to the main house. Foxtail Lodge understands
that an "accessory building" permitted pursuant to KIBC 17.75.020(A) "shall be considered part
of the main building when joined to the main building by ...a roofed passageway which shall not
be less than eight feet in width." KIBC 17.160.020(B) Foxtail Lodge is committed to building a
breezeway between the main house and the bunk house which is eight feet wide (or more),
contingent upon the Borough's commitment to issue a conditional use permit.
Foxtail Lodge has more than the six (6) parking spaces required for a five (5) room bed
and breakfast mandated by KIBC 17.175.040. More than six (6) cars can park in the gravel
parking lot which is located in the front of the Property. That said, Foxtail Lodge does not
anticipate using most of these parking spots because its guests are customarily picked up at the
airstrip and do not drive automobiles.
The Property is larger than 7,200 square feet, as mandated by KIBC 17.75.040(A), and is
wider than 60 feet, as required by KIBC 17.75.040(B). The main house is seventy-two (72) feet
from the street, thus is compliant with KIBC 17.75.050(A). The side yards and back yard are all
larger than ten (10) feet, thus are compliant with 17.75.050(B) and (C).
As part of its operations, Foxtail Lodge intends to take its guests on guided fishing trips.
Nothing in the KIBC prohibits a bed and breakfast from offering this service. Moreover, Foxtail
Lodge intends on using the business name "Foxtail Lodge", notwithstanding that it intends to
obtain a conditional use permit as a bed and breakfast.
Foxtail Lodge has been operating, without complaints from its neighbors, since June
2000. Foxtail Lodge intends to continue to be a contributing member of the Larsen Bay and
Kodiak Island Borough communities, and will contribute to the public good, as it has in the past,
1 See, KIBC 17.25.080, stating: 'Guest room' means any room in a hotel, dormitory,
boardinghouse, bed and breakfast, or lodging house used and maintained to provide sleeping
accommodations for not more than two persons. Each 100 square feet or fraction thereof of floor
area used for sleeping purposes shall be considered to be a separate guest room in a large
common area sleeping arrangement."
June 1, 2009
Page 3
by giving its additional fish and supplies to feed the elders, and by utilizing local members of the
community to assist in the operation of the lodge.
For all the reasons stated above, the Commission will be justified in finding, pursuant to
KIBC 17.200.050, that (a) "the conditional use will preserve the value, spirit, character and
integrity of the surrounding area;" (b) "the conditional use fulfills all other requirements of this
chapter pertaining to the conditional use in question;" (c) "granting the conditional use permit
will not be harmful to the public health, safety, convenience and comfort;" and (d) "the sufficient
setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in
subsections A through C of this section."
Finally, while Foxtail Lodge is applying for a conditional use permit, this application
should not be deemed an admission by Foxtail Lodge that a conditional use permit is necessary
for Foxtail Lodge to continue its current operations. Foxtail Lodge was built in 2000, with no
objection by the Kodiak Island Borough or Larsen Bay. Foxtail Lodge has been licensed to
operate there since 2000. Should this application be denied, Foxtail Lodge reserves the right to
assert the Borough waived the right to enforce the KIBC, that the lodge is a prior existing use,
that enforcement of the KIBC constitutes a taking, or any other applicable legal defense. That
said, Foxtail Lodge is hopeful that issuance of conditional use permit for a bed and breakfast is
the appropriate means of addressing the continuing operation of the lodge.
Please do not hesitate to contact me if the Borough requires additional information,
Sincerely yours,
REEVES AMO M 0 LLC
Brian . Stibitz
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Jun -01.09 02:43pm From -REEVES 41610 LLC
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KODIAK ISLAND BOROUGH - COMMUNITY DEVELOPMENT DEPARTMENT
710 Mill Say Ra.. Roam 265, KODIAK. AK 09015.8908 (007) 488413s3- FAX 0307)400-95.96
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Applicant information
John Fetarson, Shelby Peterson & Terre
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500 L Street, Suite 300
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anchorage, Alaska 99501
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