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LEITE ADD BK 2 LT 5B - VarianceNancy Wells, Womens Bay Resident: Expressed concerns over this request. Kevin Arndt, Applicant's Agent: Spoke in favor of the request and presented himself for questions. COMMISSIONER MCMURRY MOVED TO POSTPONE this case until the January 19, 2005 regular meeting and requested that the Coast Guard be notified of this request. COMMISSIONER JANZ SECONDED the motion. The question was called and carried by unanimous roll call vote. Case 04-014. Request for a variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, KIBC 17.18.0403) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. STAFF indicated one hundred fifteen (115) public hearing notices were distributed for this case with one (1) being returned in favor of the request. Staff believed that the request did not meet all of the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code and recommended denial. COMMISSIONER OSWALT MOVED TO grant a variance from KIBC 17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non-specific dimensional variance for proposed Lots 5B and proposed lot 16A-1, Block 2 Leite Addition, as depicted on the preliminary plat for the vacation of Lots 5A-1 & 16-A approved May 19th, 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22nd, 2004, as Findings of Fact for Case 04-014. The motion was SECONDED by COMMISSIONER KING. Regular session closed. Public hearing opened: Jerimiah Myers, applicant: Provided the history of this lot leading to the variance request. Hearing and seeing none. Public hearing closed. Regular session opened: P & Z Minutes: December 15, 2004 Page 3 of 10 t The question was called, and the motion CARRIED five yeas to one nay by roll call vote. Commissioner l3oehland was the nay. Staff pointed out that the Commission needed to modify the original findings of fact to support their decision. COMMISSIONER KING MOVED TO ADOPT findings of fact in the staff report dated November 22, 2004 as amended. FINDINGS OF FACT 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The subject property is located in an older area of the community that was originally subdivided under standards that are no longer consistent with current subdivision and zoning standards. While the proposed lots do not comply with the lot width requirements of the RI -Single-family Residential zoning district, the Tots are approximately 9,500 square feet in area, which is substantially larger than the existing 7,200 square foot minimum lot area. This lot area compensates for the unusual lot shapes that will result from the subdivision granted preliminary approval under Subdivision Case SO4-008. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The property owner is attempting to settle a domestic settlement order through the subdivision of this property. The inability to subdivide this property will result in practical difficulties for the petitioner. In addition, the variance will avoid unnecessary hardships because the lots are both approximately 9,500 square feet in area which is adequate to support single-family residential development because the lots are substantially larger than the minimum 7,200 square foot requirement for lots in the R1 -Single- family Residential zoning district. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a substandard lot width would not be detrimental to the public's health, safety and welfare, provided P & Z Minutes: December 15, 2004 Page 4 of 10 i that the structure can pass the required building inspections that would normally be required during construction. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site-specific standards such as lot configuration. 17.66.050 A.5.Those actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. The actions of the applicant have not caused special conditions or financial hardship or inconvenience from which relief is being sought by variance. While the petitioner has precipitated a situation requiring variance review by offering to subdivide the property in a non -complying manner, as opposed to other options available, such as selling the property and dividing the proceeds to satisfy the domestic settlement order. Nevertheless, the conditions of the subdivision preliminary approval actually preclude the petitioner from creating the special conditions from which relief is sought by variance. The Commission will decide the merits of the variance before the conditions sought by the variance will be allowed to go forward to the conclusion of the re -platting process initiated under Subdivision Case SO4-008. 17.66.050 A.6.That the granting of the variance use in the district involved. The granting of the variance will not permit a prohibited land use in the R-1 Single Family Residential Zoning District. not permit a prohibited land COMMISSIONER MCMURRY SECONDED the motion. The question was called and the motion carried by unanimous roll call vote. C) Case SO4-020. Request for preliminary approval, in accordance with KIBC 16.40, of the replat of Lot 2A -1A-1, portion of Lot 3 and Lot 841, Block 5, Miller Point Alaska Subdivision, creating Lot 3A, Block 3A, Miller Point Alaska Subdivision. STAFF indicated fifty (50) public hearing notices were distributed for this case with one (1) being returned supporting the request and two returned expressing concern. Staff recommended approval of this request. COMMISSIONER JANZ MOVED TO grant preliminary approval to the replat of Lot 2A -1A-1, Lot 3 and Lot 8A-1, Block 5, Miller Point Alaska Subdivision P & Z Minutes: December 15, 2004 Page 5 of 10 7erimiah Myers PO Box 1948 Kodiak, ATC 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www};)tib.co.$odiak. ak. us December 17, 2004 Re: Case 04-014. Request for a variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, KIBC 17.18.040.8) on proposed Lot 58, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. Dear Mr. Myers: The Kodiak Island Borough Planning and .Zoning Commission at their meeting on December 15, 2004 granted the following variance: Move to grant a variance from K]BC 17.18.040 Area requirements (13). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non-specific dimensional variance for proposed. Lots 513 and 16A-1, Block 2 Leite Addition, as depicted on the preliminary, plat for the vacation of Lots 5A-1 & 16-A approved May 19th, 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22"°, 2004, as Findings cif Fact for Case 04-014. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building pennit must first be obtained. Failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. Please contact this office for further details. An appeal of this decision maybe initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted finely written comments or ;ave oral testimony at the publie hearing before the Conmrissiop, by filing a w_rben notice of appeal with the Borough Cleric within ten (10) working days of the date of the Commission's decision: The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the Tool 3.13 S.TIVS DI\I1D \OISIA OtT9 99t 100 It'd ZC:ZZ 9002 /CO 03/D3/2005 22:32 FAX 907 486 6140 VISION CLINIC SALLYS EYE U002 Jerimiah Myers PO Box 1948 Kodiak, AK 996115 Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us December 17, 2004 Re: Case 04-014. Request for a variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, KIBC 17.18.040.13) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. Dear Mr. Myers: The Kodiak Island Borough Planning and Zoning Commission at their meeting on December 15, 2004 granted the following variance: Move to grant a variance from KIBC 17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non-specific dimensional variance for proposed Lots 513 and 16A-1, Block 2 Leite Addition, as depicted on the preliminary plat .for the vacation of Lots 5A-1 & 16-A approved May 1961 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22nd, 2004, as Findings of Fact for Case 04-014. THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning compliance and/or a building permit must fust be obtained. Failure to utilize an approved variance within twelve (12) months after its effective date shall cause its cancellation. Please contact this office for further details. An appeal of this decision may be initiated by; 1) the applicant, or 2) any person who was sent a written notice or submitted timely written comments or gave oral testimony at the public hearing before the Commission, by filing a written notice of appeal with the Borough Clerk within ten (10) working days of the date of the Commission's decision. The notice of appeal must state the specific grounds for the appeal and the relief sought by the appellant, and be accompanied by the ,appropriate appeal fee. Therefore, the Commission's decision will not be final and effective until telt (10) working days following the decision. This letter shall constitute the variance. Please bring it when you come to our office to obtain.. zoning compliance for any construction on the property. The Commission adopted the following findings of fact in support of their decision: 17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties • in the same land use district. The subject property is located in an older area of the community that was originally subdivided under standards that are no longer consistent with current subdivision and zoning standards. While the proposed lots do not comply with the lot width requirements of the R1 -Single-family Residential zoning district, the lots are approximately 9,500 square feet in area, which is substantially larger than the existing 7,200 square foot minimum lot area. This lot area compensates for the unusual lot shapes that will result from the subdivision granted preliminary approval under Subdivision Case SO4-008. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The property owner is attempting to settle a domestic settlement order through the subdivision of this property. The inability to subdivide this property will result in practical difficulties for the petitioner. In addition, the variance will avoid unnecessary hardships because the lots are both approximately 9,500 square feet in area which is adequate to support single-family residential development because the lots are substantially larger than' the minimum 7,200 square foot requirement for lots in the R1 - Single -family Residential zoning district. 17.66.050 A.3.The granting of the variance will not result in material damages or preiudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a substandard lot width would not be detrimental to the public's health, safety and welfare, provided that the structure can pass the required building inspections that would normally be required during construction. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site-specific standards such as lot configuration. 17.66.050 A.S.Those actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. The actions of the applicant have not caused special conditions or financial hardship or into venience from which relief is being sought by variance. While the petitifner has precipitated a situation requiring variance review by offering to subdivide the: property in a non -complying manner, as opposed to other options available, such as selling the property and dividing the proceeds to satisfy the domestic settlement order. Nevertheless, the conditions of the subdivision preliminary approval actually preclude the petitioner from creating the special conditions from which relief is sought by variance. The Commission will decide the merits of thevariance before the conditions sought by the variance will be allowed to go forward to the conclusion of the re -platting process initiated under Subdivision Case SO4-008. 17.66.050 A.6.That the granting of the variance Will not permit a prohibited land us in the district involved. The grantih of the variance will not permit a prohibited land use in the R- 1 Single Family Residential Zoning District. If you have any questions about the action of the Commission, please contact the Community Development Departm- it at 486-9363. Duane Dvorak, Acting Director Community Development Department K. MAK ISLAND BOROT. 1 COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, Decembe 7:30 p.m. in the Borough Assembly Chambers, 710 Mill 15, 2004a ay t ...' A.F. pie • :'t wT\begin 1 aI be' at ore the Kodiak Island Borough, Planning and Zoning Commiss r1, to hear comments if , any on the - following request: ! 'i 11 non 1 nni1A 1 J 67'1 C K- / 13) CASE: • 104-014 APPLICANT: Jerimiah REQUEST: Myers KODIAK ISLAND BOROUGH FINANCE DEPARTMENT A variance, in accordance with KIBC 17.66.020, to permit a. lot width -less than 60 feet (minimum lot width,-KIBC-17.18.040.B) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. LOCATION: 1517A Mission Road 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-nuinber 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 1400-478-5736. • One week prior to the regular meeting, on Wednesday, December 8, 2004, a work session will be held 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 486-9363.1 f/ t� Your Name: lLi��1P�QjQJ Mailing Address:] ��J d. G/ ski) ry /1 /` '/ Your property description: ,• J7 '�Q �.e /7 C. J / 0/ ( -encik .W Comments: • /P e/1i, ----1."......} /PA • L - : .a ZL ,. .�.„if ez-cec' ' <1inn( 4 4, -01. c +C'--e4-9-e-l-u 67'1 C K- / ea./7 al -2044.4.2.1 ft: - anohiae2 Kodiak Island Borough Community Development Department 71.0 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us SUPPLEMENTAL MEMORANDUM DATE: December 14t", 2004 FILE � � � � �� TO: Planning and Zoning Commission FROM: Community Development Department THROUGH: Duane Dvorak, Acting Director, Kodiak Island Borough/CDD SUBJECT: Information for the December 15th, 2004 Regular Meeting CASE: 04-014 APPLICANT: Jerimiah Myers REQUEST: Re: Commissioner's request for additional information. Case No. Request Decision Legal Desc Lot Width Lot Size 79 — 027 Lot size less than minimum Granted Leite Add Bk 2 Ll 2 47.84' 6,823sq' 79 — 030 Lot size less than minimum Granted Leite Add Bk 2 Lt 3 56.20' 6,892sq' 79 — 031 Lot size less than minimum Granted Leite Add Bk 2 Lt 19 47.39' 6,180sq' 81 — 018 Lot size less Granted Leite Add Bk 2 Lt 6 49.68' 6,927sq' than minimum 83 — 042 Front yard less than minimum Denied Leite Add Bk 2 Lt 6 49.68' 6,927sq' 83 — 066 Front yard less than minimum Denied Leite Add Bk 2 Lt 6 49.68' 6,927sq' 84 — 009 Front yard less than minimum Granted Leite Add Bk 2 Ll 4A 97.14' 7,283sq' 88 - 018 Residential addition to encroach into required rear yard Denied Leite Add Bk 2 Lt 18 51.63' 3,800sq' \\dove\Departments\CD\Current Month\04-014 Supplemental Memo.docl2/14/2004 Page 1 of 1 P&Z Case No. 04-014 Neighborhood Variance Activity (Supplemental Revision for the Dec 15th Regular Mtg) 84-009 Setback Var granted 81-018 Lot Size Var granted 83-042 & 83-066 Setback Var denied 79-030 Lot Size Var granted 79-027 Lot Size Var granted 79-031 Lot Size Var granted 88-018 04-014 Setback & Conversion Lot width Var denied Var requested rC Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615 Sltot De& fre. o Novi( I 4adaiss o ikaion ,erio44.40 414464 44,181 * Rer's**-LVtaS"' * 1/2-WY.L. t1,74-wo4 41° the.1410141WORIE S O'KEEFE UERNEVILLE RD TOPOL_ CA95472 SEBA NIXIE 949 FE. 0 3 7 .041 kit It:SSstr PD METER U.S. POSTAGE 8475376 1 GO 12/07/04 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNADLE TO rORWARD _prq,:r,pq,p.;.#17!et4 *cirps-04406-3q74e q F. 4 . 40 -Me ru7; MEMORANDUM DATE: November 22nd, 2004 TO: Planning and Zoning Commission FROM: Community Development Department THROUGH: Duane Dvorak, Acting Director, Kodiak Island Borough/CDD SUBJECT: Information for the December 15th, 2004 Regular Meeting CASE: 04-014 Public Hearing Item V1 -B APPLICANT: Jerimiah Myers REQUEST: A variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, KIBC 17.18.040.B) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. LOCATION: 1517A Mission Rd., Kodiak AK. ZONING: R-1 Single Family Residential Zoning District. One hundred twenty (120) public hearing notices were distributed on November 29, 2004. Date of site visit: No site visit made 1. Zoning History: The 1968 Comprehensive Plan identifies this area as R-1 Single Family Residential Zoning District. 2. Location: Physical: 1517A Mission Road Legal: (Proposed) Lot 5B, Block 2, Leite Addition 3. Lot Size: 9,557 square feet 4. Existing Land Use: Detached accessory building currently being remodeled for residential use. Surrounding Land Use and Zoning: North: Lot 4A, Block 2, Leite Addition Uses: R-1 Single Family Residential Zoning: R-1 Single Family Residential Zoning District South: Lot 1A, Block 6, Leite Addition Uses: Religious institution Zoning: R-2 Two Family Residential Zoning District East: Lot 16A-1 (proposed), Lot 15, & Lot 6, Block 2, Leite Addition Use: Single-family Residential Case 04-014/Staff Report Page 1 of 7 P & Z: December 15, 2004 Public Hearing Item VI -B Zoning: R-1 Single Family Residential Zoning District West: Lot 18A, Lot 18B & Lot 3, Block 2, Leite Addition Use: Single-family Residential Zoning: R-1 Single Family Residential Zoning District 6. Comprehensive Plan: The 1968 Comprehensive Plan depicts this area as R-1 Single Family Residential Zoning District. 7. 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: 17.18.040 Area requirements. B. Lot width. The minimum lot width required is sixty (60) feet. 17.66.030 Investigation. An investigation of the variance request shall be made and a written report provided to the commission by the community development department. The findings, required to be made by the commission, shall be specifically addressed in the report. 17.66.050 Approval or denial. Within forty (40) days after the filing of an application, the commission shall render its decision, unless such time limit has been extended by common consent and agreement of the applicant and the commission. A. Approval. If it is the finding of the commission, after consideration of the investigator' s report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public' s health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. Case 04-014/Staff Report Page 2 of 7 P & Z: December 15, 2004 Public Hearing Item VI -13 B. Denial. If the commission finds, after consideration of the investigator s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. 17.66.090 Appeals. An appeal of the commission' s decision to grant or deny a variance may be taken by any person or party aggrieved. Such appeal shall be taken within ten (10) days of the date of the commission' s decision by filing with the board of adjustment through the city or borough clerk a written notice of appeal specifying the grounds thereof. COASTAL MANAGEMENT APPLICABLE POLICIES This is a residential use located in the R-1 Single Family Residential Zoning District. Local district coastal management policies addressing residential development apply. Residential Development 1. Location In areas with poorly draining soils, development where feasible shall be connected to a sewer line. Where this is not feasible, onsite facilities shall be designed so as not to cause conditions that will pollute rivers, lakes, and other water bodies, including the ground water supply. Consistent: Yes. This area is served by public water & sewer systems 2. Open Space Green areas and open space shall be retained to the feasible and prudent when land is subdivided. Consistent: Not applicable. This action does subdivision. maximum extent not involve land 3. Access New subdivisions or other residential developments on the shoreline shall provide usable public access to and along the shoreline, extending the length of the development, to the extent feasible and prudent. Consistent: Not applicable. This lot is not located along the shoreline. Case 04-014/Staff Report Page 3 of 7 P & Z: December 15, 2004 Public Hearing Item VI -B 4. Hazardous Lands Development shall not occur in hazardous areas such as avalanche runout zones, active floodplains, and high water channels to the extent feasible and prudent. Siting, design, and construction measures to minimize exposure to coastal erosion, mass wasting and historic tsunami run-up shall be required to the extent feasible and prudent. Consistent: Not applicable. This lot is not located in an identified hazardous area. 5. Wetlands Filling and drainage of water bodies, floodways, backshores, and natural wetlands' shall be consistent with ACMP Standards 6 AAC 80.070 (Energy Facilities) and 6 AAC 80.130 (Habitats). Consistent: Not applicable. This request does not involve the filling or draining of waterbodies, floodways, backshores, or natural wetlands. COMMENTS This request is for a variance from the required sixty -foot (60') lot width in the R-1 Single Family Residential Zoning District. Materials submitted with this request do not specify the exact dimensional variance requested. The current lot (5A-1) configuration was established by commission action in P&Z Case S91 — 035, at the request of the applicant. Finalized in November 1993, Case 591 — 035 replated three (3) formerly nonconforming lots into the present two conforming lots. Although Lot 5A-1 was granted a waiver for substandard flag stem width (20 foot vs. 30 foot) by the commission, the resulting two lots, 5A-1 & 16A, are considered conforming with respect to land area and minimum lot width (reference KIBC 17.36.010.A), Proposed lot 5B, the subject of this request, was granted preliminary plat approval at the May 19th 2004 Regular Meeting of the Planning and Zoning Commission, subject to conditions. Condition [1] attached to the Preliminary approval specified "The property owner must obtain a variance for the substandard lot width of proposed lot 5B." While investigating this request: [1] Staff has reviewed the topography and other physical characteristics of the site to determine whether there are unique circumstances that might justify the lot width variance. Staff could find no compelling justification for the variance, as the site appears to be one of the better in this neighborhood based on lot size, shape, topographical features and soils conditions. [2] Staff has not been able to determine that the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship. Case 04-014/Staff Report Page 4 of 7 P & Z: December 15, 2004 Public Hearing Item VI -B [3] Staff has determined, after reviewing the neighborhood history of successful variance applications, that the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public' s health, safety or general welfare. [4] Because the variance will not result in a change of land use, or density, Staff has determined that the granting of the variance will not be contrary to the Objectives of the comprehensive plan. [5] Staff has not been able to determine, by discovery, or through materials with the application, that actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by the variance. [6] Staff has determined that granting the variance will not permit a prohibited land use in the district involved. Because this request for variance reverses the trend towards conformity with the zoning code; would grant a non-specific dimensional variance, which would attach to and run with the land, irrespective of successive ownership interests; and statement &/or evidence in support of required findings [1], [2], & [5] of Kodiak Island Borough Code 17.66.050, has not been submitted, Staff is reluctant to advance a positive recommendation for the request. RECOMMENDATION Staff believes that this request does not meet all of the conditions necessary, as reflected in the findings of fact, for a variance to be granted under Chapter 17.66 (Variance) of the Borough Code. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to grant a variance from KIBC 17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non-specific dimensional variance for proposed Lot 5B Block 2 Leite Addition, as depicted on the preliminary plat for the vacation of Lots 5A-1 & 16-A approved May 19th, 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22nu, 2004, as Findings of Fact for Case 04-014. Staff recommends that the preceding motion be failed. Case 04-014/Staff Report Page 5 of 7 P & Z: December 15, 2004 Public Hearing Item VI -B FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are no physical circumstances applicable to the property, which does not apply generally to other lots in the R-1 Single Family Residential Zoning District. Staffs investigation indicates that Lot 5A-1 Block 2 Leite Addition is in many ways superior to other lots in the vicinity in terms of size, shape, and topography. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the 60- foot minimum lot width requirement would not result in any demonstrated practical difficulty. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a substandard lot width would not be detrimental to the public's health, safety and welfare, provided that the structure can pass the required building inspections normally required during construction and setback requirements are maintained. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site-specific standards such as lot configuration. 17.66.050 A.5. Those actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance. In this case, the applicant seeks a reversal of a voluntary move towards conformity with the applicable zoning district standard. Financial hardship or inconvenience, experienced as a result of a denial of this request, are self-imposed. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the R- 1 Single Family Residential Zoning District. ALTERNATE MOTION Should the Commission disagree with the staff recommendation, the appropriate motion is: Move to grant a variance from KIBC 17.18.040 Area requirements (B). Lot width, in accordance with KIBC 17.66 (Variances), to permit a non-specific Case 04-014/Staff Report Page 6 of 7 P & Z: December 15, 2004 Public Hearing Item VI -B dimensional variance for proposed Lot 5B Block 2 Leite Addition, as depicted on the reliminary plat for the vacation of Lots 5A-1 & 16-A approved May 19m, 2004; and to adopt the Findings of Fact contained in the Staff Report dated November 22na, 2004, as Findings of Fact for Case 04-014. Should the Commission adopt the preceding motion, Staff advises that thoughtfully considered language be substituted for Findings of Fact [1], [2], & [5] suggested above. ALTERNATE FINDINGS OF FACT 17.66.050 A.1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same.land use district. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 17.66.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting the variance to permit a substandard lot width would not be detrimental to the public's health, safety and welfare, provided that the structure can pass the required building inspections that would normally be required during construction. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan is a general policy guide, which does not address site-specific standards such as lot configuration. 17.66.050 A.5. Those actions of the applicant did not cause special conditions or financial hardship or inbonvenience from which relief is being sought by a variance. 17.66.050 A,6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the R- 1 Single Family Residential Zoning District. Case 04-014/Staff Report Page 7 of 7 P & Z: December 15, 2004 FROM : ART ZIMMER FAX NO. : 9074865832 Deo. 01 2004 08:42PM P1 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2004. The meeting will begin at 7:30 p.m. in the Borough Assembly Chiutbets, 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. • 104-014 APPLICANT: • Jerimiali Myers . . . . REQUEST:_ A vari9ce, in accordance with KIBG .17,66.020; .to, permit ,a lot width less than '5.0 feet (minimum lot width',' KIS(.; 7 /.18.D4033)- ' • ._ `.-... on proposed Lot SB, Leite Addition (as required in condition of 1 approval #1, Subdivision Case SO4=00$. LOCATION: 1517AMission•Road • ZONING: • R1 -Single Family Residential This notice is bcinjsent 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 Nearing section of the meeting:' The local call-in telephone number is 486-3231, The toll free telephone number is 1:1800-478-5736. _ • One week prior to the regular meeting, on Wednesday,.December 8, 2004, a work session will be held 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 tail us at 486-9363. • //1K Metans Addicts: is -7:9 dak't Your Name: !' �_.-.—.+� ' • III Your dexipttib lr3/ --l--46-5 '" - property Cornmenta: i 2a.' ZGg. A.e e? .e.,, . , p /O-425: jet 7OL2t .....„.„....._.: :_.--alit P-11) ---- ar , Aq-i_z5 4,1)D. '41314 AVENUE 1 4 1326 TRONG DELAROF STREET a 1510 1%71572 A1; 1517cT —1 1610 "1 1612 17A-1 01622 KIBC 1620.120 Lot Ameasured porton of a parcelor tract of land which is described and fixed an a plat pled tot record ora legallydescnbed parcel of land conveyed pursuant to federal law, including conveyances under the Alaska Nadve Claims Settlement Act A. Comer lot. A lot boated el the Intersection of Iwo (2) or mole streets where the angle of Intersection of tho lot lines abutting those streets does not exceed one hundred Nlrry-five (135) degrees. B. Double frontage lot. A lot other than a comer lot with frontage on more than one (1) street C. Lot depth. Tho distance between straight lines connecting the side lot lines, measured between the midpoint of such lines, except that such measurement shall not extend outside the lot lines of the lot being measured. D. Lot frontage. Ail property abutting the dght-of-way of a dedicated street, private street or road easement measured along the right-of-way between the side tot Anes of a lot. In no case sha0 the line along an alley be considered as rot frontage. E. Lot bne.The fixed boundaries of a tot described by survey located one plat filed tor record. F. Lot tine, front That boundary of a lot measured along the edge of Om right -of -tray of a dedicated Street private street or road easement which abuts that fine. In the case of a comer lot, eeherline which meets the above desrxmdon provided the others considered to be a side tat free. G.1016ne, rear. That boundary of a tar which Is most parallel to the front tot lino and does not intersect the !root tot line.tothe case ofa trrangularbt a brie twenty(20) feet in length within the lot parallel to end al the maximum distance from the frontlet line. H. Lot line, side. That boundary of a lot which Is neither a front nor rear lot line. 1. Lot width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured between the midpoints of such lot lines except that such measurement shall not extend outside the lot lines of the lot being measured. P&Z Case 04 - 014 Lot 5A-1 ew Lot Line Lot 513 Lot width determination per 1 K1BC 16.20.120 (I) X .2 -I �J y 1 I 1 I 1 I Lot 16A 1 I I 1 I 1 Lot 16A-1 I Loi width del ertnrtlatic n pert KIBC 16.20.1200) I I 1 1 I 1 1 I I 1 I 1 I 1517A 1519B —Mission Rd----- P&Z Case No. 04-014 Neighborhood Variance Activity 79-027 Lot Size Var granted 84-009 Setback Var granted 81-018 83-042 & 83-066 Lot Size Setback var grante Var denied 79-030 Lot Size Var granted mailov a) Q 79-031 Lot Size Var granted Mission Rd 88-018 04-014 Setback & Conversion Lot width Var denied Var requested "." Kodiak Island Borough 710 MILL BAY ROAD KODIAK, ALASKA 99615-6398 a Vat Delivaratta'eakkiMasid, liftable To Framst o Insualrem &Ideas 7e,V,pies JrClainela C L) Aflame-, Lcia N • , :eat Q Vacant UltteMble• ML Re tz7030 rr a • t. crjer f:, DPoslageDa_____ DENN A & G ENN E GEE 15 OF DR AK 99815 ***********,* Jerimiah Myers PO Box 1948 Kodiak, AK 99615 Kodiak Island Borough Community Development Department 710 Mill Bay Road Room 205 Kodiak, Alaska 99615 Phone (907) 486-9363 Fax (907) 486-9396 www.kib.co.kodiak.ak.us November 30, 2004 Re: Case 04-014. A variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width; KIBC 17.18.040.B) on proposed Lot 5B, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. Dear Mr. Myers: Please be advised that the Kodiak Island Borough Planning and Zoning Commission has scheduled the case referenced above for Public Hearing at their December 15, 2004 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 t� the regular meeting, on Wednesday,- December 8, 2004, 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 uane Dvorak, Acting Director Community Development Department K.:.;6IAK ISLAND BOROL..5H COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -B PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, December 15, 2004. 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: 13) CASE:. 04-014 APPLICANT: Jerimiah Myers REQUEST: A variance, in accordance with KIBC 17.66.020, to permit a lot width less than 60 feet (minimum lot width, ICIBC 17.18.040.B) on proposed Lot 513, Leite Addition (as required in condition of approval #1, Subdivision Case SO4-008. LOCATION: 1517A Mission Road ZONING: R1 -Single Family Residential This notice is being sent to you because our records indicate you are a property ownertinterested 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, December 8, 2004, a work session will be held 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: KEVIN & AYN DUBOIS DONALD & AKSANA MATHER ROGER REDDEKOPP PO BOX 72 1323 ISMAILOV ST. PO BOX 3842 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 MARK E & COLLEEN D KERNAN DAVID & SANDRA TUCKER WILLIAM & LORENE HARRINGTON 1325 ISMAILOV ST PO BOX 3435 1415 ISMAILOV ST KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 ERIC & TONYA OLSEN PATRICK & DONNA CARLSON JAIME & TERESITA OLAES PO BOX 3825 1417 ISMAILOV STREET 1414 REZANOF DR KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 KENNETH & DALANA HATFIELD ROBERT & GAIL OTTO RICHARD SUTLIFF 1425 ISMAILOV ST. 1422 REZANOF DR. 2205 ARCADIA DRIVE KODIAK AK 99615 KODIAK AK 99615 ANCHORAGE AK 99517 JOHN & DENISE SULLIVAN STILLMAN & LAURAMAR MCKERLEY WAYNE & CHERRI STALLARD 1419 ISMAILOV ST P.O. BOX 3616 1419 E REZANOF DR. KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 DENNIS & LANA MCMURRY LAWRENCE & TERRY ELLSWORTH NANCY PIERCE 1413 ISMAILOV 1418 E REZANOF P.O. BOX 2486 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 KARL BERGGREN JR DANA & SUSAN REID PATRICK COSTELLO P O BOX 2079 PO BOX 8935 1519 E REZANOF DR KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 LESLIE VANDERLIN STEVEN & SUNG KIM NEIL & CYNTHIA NICKERSON 1517 E REZANOF DR P.O. BOX 769 1302 BEAR CIRCLE KODIAK AK 99615 KODIAK AK 99615 HONOLULU HI 96819 JAMES & LINDA BROWN CLINTON ROSALES NANCY MAIN P.O. BOX 8604 P 0 BOX 3756 2870 SKOWHEGAN DRIVE KODIAK AK 99615 KODIAK AK 99615 HENDERSON NV 89074 NANCY MAIN JEAN & WILLIAM ALWERT ANDREW CHRISTOFFERSON 2870 SKOWHEGAN DRIVE P.O. BOX 1711 1516 E REZANOF DRIVE HENDERSON NV 89704 KODIAK AK 99615 KODIAK AK 99615 RICHARD & TAMI STARR 1518 REZANOF DR E KODIAK AK 99615 DENNIS A & GWENN E GEE 1526 E. REZANOF DR KODIAK AK 99615 JOHN C URE, ETAL 1324 ISMAILOV ST KODIAK AK 99615 SHERREE MAXWELL ETAL C/0 HARRY MICKELSON 3601 SUMMITVIEW AVE YAKIMA WA 98902 DONALD GALLAGHER P O BOX 4428 KODIAK AK 99615 SARA & GEORGE BRUCE 1413 MISSION RD KODIAK AK 99615 MARJORIE S O'KEEFE 6590 GUERNEVILLE RD SEBASTOPOL CA 95472 JAMES & AMY WILLIS 1516 ISMAILOV ST KODIAK AK 99615 LAFAELE & FUAMATALA MATAUTIA PO BOX 8038 KODIAK AK 99615 DONALD PARKER ETAL P.O. BOX 606 KODIAK AK 99615 CURTIS LAW P.O. BOX 42 KODIAK AK 99615 BRIAN HANSZ 746 WASHINGTON ST TRAVERSE CITY MI 49686 VITOMIR KALCIC P.O. BOX 1486 KODIAK AK 99615 GARY & ELGI COBBAN JR. C/O GEORGE REITH 218 CENTER ST. STE. B KODIAK AK 99615 DAVID C MORTON 200 C ALBATROSS AVE KODIAK AK 99615 JAMES & MARCELLA SANDIN P.O. BOX 1223 KODIAK AK 99615 JUDITH THOMPSON 1512 ISMAILOV ST KODIAK AK 99615 STEVEN PENN P O BOX 249 KODIAK AK 99615 DONNA JONES 1524 ISMAILOV ST KODIAK AK 99615 JAMES M & SUSAN M BALL 1612 ISMAILOV ST KODIAK AK 99615 DALE & JEAN HEATH P.O. BOX 2784 KODIAK AK 99615 KAREN ANDERSON TRUST 1532 E. KOUSKOV ST. KODIAK AK 99615 JOSHUA E & ISAIRIS F KEESEE 1414 ISMAILOV ST KODIAK AK 99615 BONNIE BRECKBERG C/O BONNIE NOREEN 9112 N. OAKLAND RD LAKE NEWMAN WA 99025 MARIA TERESA ADALIN PO BOX 3038 KODIAK AK 99615 TERRA CUPP PO BOX 3923 KODIAK AK 99615 ASTRID TVEIT ETAL 1514 ISMAILOV ST KODIAK AK 99615 JANET BRENTESON PO BOX 3025 KODIAK AK 99615 ROLAN RUOSS PO BOX 1371 KODIAK AK 99615 SVEA RICKS 1418 #1 KOUSKOV KODIAK AK 99615 JAMES & DIANE DESHAZO JOHN L & NORMA D PETERSON DONALD & SOPHIA ERDMAN FLP 1527 MISSION RD 1525 MISSION RD P O BOX 394 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 MARY LUND OLUF & SIDNEY OMLID DOUGLAS & KRISTIN LONG PO BOX 523 PO BOX 1161 P.O. BOX 4266 KODIAK AK 99615 KODIAK AK 99615-1161 KODIAK AK 99615 LARRY & COLINE BOND DONALD ZIMMERMAN MARION OWEN P O BOX 3512 PO BOX 1157 P.O. BOX 1694 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 JODY & RACHEL NUMMER MIKE & CANDACE MCGUIRE GLEN & ROSE CUNNINGHAM 400 B SENTINAL ISLAND CT. 1621 MISSION RD 1617 MISSION RD KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 ESMENIA PIMENTEL BERNIE BALLAD JAMES & SHARON MAJOR P.O. BOX 1801 PO BOX 1529 P.O. BOX 532 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 DEBRA DAVIS DENNIS & PATRICIA HELMS KENNETH NEWMAN 1420 MISSION RD PO BOX 2757 1424 MISSION RD KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 MICHAEL & BEVERLY SHARRAH REMEGIO & FELICIDAD MARASIGAN CARL & META CARLSON SR 3531 GARDENIA ST 1512 MISSION RD P.O. BOX 2678 ANDERSON CA 96007 KODIAK AK 99615 KODIAK AK 99615 HOWARD & SHARON STEWART ERIC & VIRGINIA WIETFELD RACHELLE & DUSTIN HUMPHREYS 1427 KOUSKOV 1425 KOUSKOV ST PO BOX 2635 KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 EDWARD & MARINA OPHEIM ANTHONY & MOLLIE BLAIR KAREN VIALL 1421 KOUSKOV ST 418 HILLSIDE DR 1415 E. KOUSKOV KODIAK AK 99615 KODIAK AK 99615 KODIAK AK 99615 ARNOLD & JEAN SHAUL MICHAEL & THERESA O'NEAL MARIUS & SYLVIA PANZARELLA PO BOX 24 PO BOX 3926 PO BOX 77 COLD BAY AK 99571 KODIAK AK 99615 KODIAK AK 99615 SAMUEL & GLENDA CHRISTIAN P O BOX 8308 KODIAK AK 99615 KENNETH & ELLEN LESTER P.O. BOX 373 KODIAK AK 99615 GABRIELLE LEDOUX 219 MILL BAY RD KODIAK AK 99615 RUTH BRECKBERG ETAL 13660 KAREN ST ANCHORAGE AK 99515-4106 FRED NASS P.O. BOX 298 KODIAK AK 99615 CHRISTOPHER & MICHELLE GRIFFIN 1512 YANOVSKY ST KODIAK AK 99615 KENNETH & ELLEN LESTER P.O. BOX 373 KODIAK AK 99615 TOMIO T DEMURA PO BOX 274 KODIAK AK 99615 KEN PAULLIN CIO W.T. PAULLIN 779 DOS HERMANOS RD SANTA BARBARA CA 93111 ARTHUR & ARLENE ZIMMER TRUST WILLIAM & ANNE JACOBSON P.O. BOX 1582 PO BOX 129 KODIAK AK 99615 SISTERS OR 97759 NORMAN S GRONN PO BOX 963 KODIAK AK 99615 EUGENE & EILEEN MUELLER 1513 KOUSKOV KODIAK AK 99615 VINCENT & ELISHA HOPE SHAVENDE RUTH BRECKBERG 1424 KOUSKOV ST 1418 #1 KOUSKOV KODIAK AK 99615 KODIAK AK 99615 MICHAEL BROWN 1426 KOUSKOV ST KODIAK AK 99615 GARY & STACIE PETERSON PO BOX 1221 KODIAK AK 99615 JOSE CARDENAS-FLORES ETAL PO BOX 3582 KODIAK AK 99615 MARTIN & CAROL WANDERSEE 1524 KOUSKOV KODIAK AK 99615 KENNETH & CHRISTINE HOLLAND JR PO BOX 608 KODIAK AK 99615-0608 JEHOVAHS WITNESS KODIAK C/O PAUL DEWOLF P 0 BOX 3257 KODIAK AK 99615 CHARLES & SHERRY SAUNDERS P.O. BOX 1271 KODIAK AK 99615 ANTHONY & CAROLYN JONES P.O. BOX 402 KODIAK AK 99615 DANIEL & CAROL NELSON SR 1522 KOUSKOV ST KODIAK AK 99615 JAMES & SANDRA PEOTTER P.O. BOX 2053 KODIAK AK 99615 R1120430010 R44-264-3081-8" R1120440010 -4142044001-9-- R1120440030 r%1-120440019R1120440030 R1120440150 R1120450010 R1120450020 R1120450030 R1120450040 R1120450050 R1120450060 R1120450080 R1120469994 - R1120450090 R 1 1 20440090 - RI120450110 fZ1.120450140- R1120450130 R1120450150 C],,f1.1120-1, 50 R1120460010 R1120460020 R1120460030 444-420460030- R1120460050 61428460%0 R1120460070 R1120500020 R1120500030 R1120500050 R1120500060 R1120500070 R1120500080 R1120500090 R1120500100 R1120500110 RI -42059944G R1120500110 R1120510011 R1120510021 R1120510040 R1120510050 R1120510060 R1120510070 R1120510090 41-142435494996- R1120510100 -111120510100- R1120510120 R1120Z10120 R1120510140 R1120510150 R1120510161 R1120510181 R1120510190 -R 120510200 R1200010041 81200010041 R1200010050 R1200010060 R1200010070 R1200010080 R1200010090 R1200010100 R1200010110 R1200010131 R1200010141 R1200010150 R1200010161 R1200010170 R1200020010 R1200020020 R1200020030 R1200020040 R1200020050 R1200020060 R1200020070 R1200020080 R1200020090 R1200020100 R1200020110 R1200020120 R1200020131 R1200020140 R1200020152 R1200020154 R1200020170 R1200020181 R1200020182 R1200020190 R1200020200 R1200030010 R1200030020 R1200030141 R1200030160 R1200030171 R1200030180 R1200030191 R1200050021 R1200050031 R1200050040 00020040 R1200050060 R1200050070 R1200050080 R1200050090 R1200050100 R1200050110 R1200050120 R1200050130 R1200050140 R1200050160 f11299959468 R1200050170 R1200050180 R1200050190 -R1200050100 R1200050200 - R1200060010 R1200060030 R1200060040 141200069040--- R1200050050 89200060059 R4200060050 R1200060071 R1200060080 R1200060090 R1200060100 R1200060120 R1200060130 R1200070030 R1200070051 R1200070052 R1200070061 R1200070071 R1200070090 R1200070100 R1200070110 R1200070120 R1200070140 R1200070150 R1200070160 R1200070170 R1200070180 R1200080011 R1200080031 R1200080051 - \ '\ (-0 R1200080060 R1200080070 R1200080080 R1200080091 R1200080101 R1200080112 R1200080131 R1200080150 R1200080160 R1200080170 N p�J36' Cst<1 f ASw'�G�r 59" 32' KODIAK ISLAND BO 'UGH - COMMUNITY DEVEL: WENT DEPARTMENT 710 Mill Bay Rd., Rol:.:, 05, KODIAK, AK 99615-6398 (907) 486-sao3 - FAX (907) 486-9396 www,kib.co.kodiak,ak.us Applicant Information Jertrna # (yens Property owner's name P o c2 ox Yat 1-k' Property owner's mailing address %COO \ 4.4c City A"ti-5'I87 AK State 4106 -told lam. (o t Zip Home phone Work Phone E-mail Addr. Agents name (If applicable) Agent's mailing address City State Zip Home phone Work Phone E-mail Addr, Property Information 5-l\-% t.. Eti'F A4c\i#torn Property ID Number/s 5l4 m•s91On $ Legal Description Current Zoning: R- t Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: CaQ2aBc, 1 r STO Ar . , OCC0.Sslos,a�.Ot,ef4\or0 1i2i. 614u -tit . a ca s1 -s. Proposed Use of Property: =o esu& l/G vi,iw (eI— t) eogit. nQ - sr )4)c2VJ S(VY\o ii(%% A'afJ' w (Note: Use additional i eef needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby certify as the property owner/authorized agent that this application for Planning and Zoning Commission review is true and complete to the best of my knowledge and that it is submitted in accordance with the requirements of the applicable Kodiak Island Borough Code, which includes a detailed site plan for variance and conditional use requests and which may include optional supporting documentation as indicated below. Additional Narrative/History k As -built Survey Photographs Maps ^ Other Property Owner's ign.me 1 A developm= t pl- for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New Illustrated Book of Development Definitions, ©1993 by Rutgers University) gl it; to a Authorized Agent's Signature Date FIREG FICASN The application fee for items covered by this form is $250.00,, expepj2as othe,�,wjsse noted. STAFF USE ONLY Code Secions) Involved: Variance (KIBC 17.66.020) Conditional Use Perm' ( IBC 17.67. Other (appearance r -q °sts, site pi Zoning change f Application received by: St: gnature )' ew, etc.) $75.00 (KIBC 17.72.030 and 030.C) *** Kcd AY ifEfs5`1/ERIFICATION 259.99 Paid in Full *g iak Island Boroug todiak AK 99615 307) 406-9324 04-o1y e Kodiak Island Borou°h Code Aoplirarten Require General 17.03.050 Approval by planning and zoning commission. When it is stated in this title that uses are permitted subject to approval by the commission, an application for consideration shall be submitted to the community development department with a site plan.... Variance 17.66.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shall be made on a form provided by the community development department and accompanied by the required fee and site plan. All applications shall be available for public inspection. 17.66.050 Approval or denial. "...A. Approval. if it is the finding of the commission, after consideration of the investigator's report and receipt of testimony at the public hearing, that the use proposed in the application, or under appropriate conditions or restrictions, meets all of the following, the variance shall be granted: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to other properties in the same land use district; 2. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator's report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. 17.66.060 Conditions. The commission, in granting the variance, may establish conditions under which a lot or parcel of land may be used or a building constructed or altered; make requirements as to architecture, height of building or structure, open spaces or parking areas; require conditions of operations of an enterprise; or make any other conditions, requirements or safeguards that it may consider necessary to prevent damage or prejudice to adjacent properties or detrimental to the borough. When necessary, the commission may require guarantees in such form as deemed proper under the circumstances to ensure that the conditions designated will be complied with. fonditionnl Use 17.67.020 Application and fee. A. An application to the community development department for a conditional use or modification of an existing conditional use may be initiated by a property owner or his authorized agent. B. An application for a conditional use shall be filed with the department on a form provided The application for a conditional use permit shall be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.67.030 Site plan. A detailed site plan showing the proposed location of all buildings and structures on the site, access points, drainage, vehicular and pedestrian circulation patterns, parking areas, and the specific location of the use or uses to be made of the development shall be submitted with the application, together with other information as may be required to comply with the standards for a conditional use listed in this chapter and in other pertinent sections of this chapter. 17.67.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the esmditional use will preserve the value, spirit, character and integrity of the surrounding area; , 13. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question; C. Thai granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort; D. Thal 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. 17.67.060 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 surrounding area; or may impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses in the district. Public Use Land Zone 1733.020 Permitted uses. The following land uses are permitted in the public lands district subject to the approval of a detailed site plan by the commission: 7Rrn Lot Line Dcvciooment 1734.090 Site plan requirement. Developments of more than three (3) common -wall strictures shall provide a site plan containing the information required by section 17.67.030 of this title. Said site plan shall be reviewed and approved by the commission prior to issuance of a building permit. Boundary Amendment fRezoninal 17.72.030 Manner of initiation. Changes in this title may be initiated in the following manner. ^, A. The assembly upon its own motion; B. The commission upon its own motion; and C. By petition of one (1) or more owners of property within an area proposed to be rezoned. A petition shall be in the form of an application for a change in the boundary of a district. shall be filed in the community development department, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shall set forth reasons and justification for proposing such change. Revised Jan. 2004 N:\CD\Templates\ComDev\Revised F -CUP Variance.Application.doc Kodiak Island Borough 710 Mill Bay Rd Kodiak, AK 99615 10/14/2004 Receipt Number: 010084466 88:51:21 Received By .: F1CASH Received From: JERIMIAN MYERS 1519 Variance Fees JERIMIAN MYERS 1519 MISSION 250.08 Receipt Total .: 250.00 Aeount Tendered : 250.80 Change ..... .00 payment Received: Cash : .00 Check : .00 Charge: 250.00 Other : .80 Visa XXXXXXXXXXXA