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LEITE ADD BK 2 LT 2 - VarianceDATE RECEIVED h/19drf0 CASE CHECK LIST MEETING DATE / it t?D APPLICATION 1.7 LETTER FROM APPLICANT IF NEEDED ` PUBLIC HEARING NOTICES SENT \d/ LETTER TO APPLICANT(TELLING OF PUBLIC HEARING DATE) PLAT IF REQUIRED PLOT PLAN IF REQUIRED ✓ DENIED APPROVED LETTER TO APPLICANT TELL WHETHER DENIED OR APPROVED TO BOROUGH ASSEMBLY (IF REQUIRED) ACTION TAKEN BY P & Z COMMISSION ACTION TAKEN BY THE BOROUGH ASSEMBLY RESOLUTION N0. (P & 1) RESOLUTION NO. (BOROUGH ASSEMBLY) ORDINANCE N0. (BOROUGH ASSEMBLY) V KODIAK ISLAND BOROUGH October 22, 1981 Mr. Bryce Gordon Telephones 486-5736 - 486-5737 = Box 1246 KODIAK, ALASKA 99615 'Dear Bryce, Please be advised_that_the._Planning__and. Zoning_CommissionTap� proved a six month extension of your variance ,from the yard requirements-on"1jt-2, block 2, Leite'Addition for the purpose of beginning construction on your new home, during the Planning and Zoning Commission regular meeting of October 21, 1981. Sincerely, William A. Walton Community Development Department Director CC: Morris Lee, City Building Official WAW/jmj KODIAK ISLAND BOROUGH PLANNING WRING COMMISSION MINUTES October; 21, 1981, regular meetii Page 1 (Verbatim tape recording on file in the Community Development Department) CALL TO ORDER AND ROLL CALL - The meeting was called to order at 7:30 p.m. COMMISSIONER'S PRESENT ALSO PRESENT Virginia Crowe Ron Ball Pat Briggs (arrived at 7:35 p.m.) Jerry Gudenau JoAnn Strickert (arrived at 7:45 p.m.) Jim Ramaglia Tim Hill Quorum was established. Will Walton, Director of Community Devel. Bill Hodgins, Zoning Officer MINUTES - August 19, 1981, Jerry Gudenau - on my unexcused absence, it was due to an injury. Mrs. Crowe what is the wish of the Commission? 'To excuse? Please let the minutes reflect that correction. Minutes stand approved as read. )PPEARANCE REQUESTS AND AUDIENCE COMMENTS. Bryce Gordon - requesting an extension on a variance on lot 2, block 2, Leite Addition, USS 1681. Mr. Hill moved to grant a six (6) month extension on a rear yard variance on lot 2, block 2, Leite Addition. Seconded by. Mr. Gudenau. Motion PASSED by unanimous roll call vote. 3. PUBLIC HEARING ON CASE Z-81-026. An exception from section 17.51.020 to permit the construction of an accessory building before the construction of a main dwelling on lot 3, block 1, Kadiak Alaska Subdivision, First Addition. (Buccaneer Enterprises) STAFF REPORT: Mr. Walton presented the staff report based on a memorandum prepared by the Community Development Department which recommended approval of the request. Mrs. Crowe - closed the regular meeting and opened the public hearing. Lorna Arndt - I have business land, why can't I build a gear storage building? Against granting an exception. Mr. Briggs - why can't you build;a warehouse? Lorna Arndt - because when my other one burned down I lost my grandfather rights. Mr's. Crowe - you are allowed only a mini-warehouseon business zoned land. Mrs. Crowe - closed the public hearing and reopened the regular meeting. Mr. Ramaglia - how many notices were sent out? Mr. Walton - 10, they were sent out twice, as'we missed lasts months meeting due to illness. Mr. Briggs - is this for personal use or for leasing space? Mrs. Crowe personal use. Discussion on the possiblity of a condition stipulating that a main dwelling must be constructed within two years after water'and sewer are available. Mrs. Crowe feels it is not in harmony with the Comprehensive plan. Mr. Ramaglia - I have problems with putting a warehouse in an R-3 zone. Discussion on the possibility of setting a precedent by allowing theconstruction of an accessory building without the construction of a main dwelling. w.Zi.JS Ly-'vert+ti.+wn.v.rr A KODIAK ISLAND BOROUGH DATE: TO: FROM: SUBJECT: MEMORANDUM October 13, 1981 Planning and Zoning Commission Bryce W. Gordon OCT 1981 eti\ Icl• RECEJVED 1i Case Z-80-047 Variance from the Yard Requirements, Lot 2, Block 2, Leite Addition, U.S. Survey 1681 (Bryce W. Gordon) At the Commission's December 17, 1980 regular meeting, you granted my request for a variance to permit the construction of my residence 18 feet, rather than the required 25 feet, from the rear lot line. I was unable to begin excavation at that time, because there was too much frost on the ground and my final plans had not arrived. I respectfully request that you grant an extension of my variance approval, which has expired. I have begun excavation of the lot, I have my building materials, and by the time you grant my request for an extension of my variance, I will have the excavation completed and be able to begin construction before winter makes building impossible. Thank you for your consideration of this request. KODIAK ISLAND BOROUGH Telephones 486-5736 - 486-5737 — Box 1246 KODIAK, ALASKA 99615 December 18, 1980 Mr. Bryce Gordon Box 1246 Kodiak, Alaska 99615 RE: 'A variance from the yard requirements of the Kodiak Island Borough Code of Ordinances on lot 2, block 2, Leite Addition. Dear Mr. Gordon, The Planning and Zoning Commission considered your request for a variance on the above referenced property during their regular meeting hled on December 17, 1980. The Commission,approvedyouur_request to permit a single family dwelling on lot 2, block 2, Leite Addition. The Borough Code of Ordinances states in section 17.66:170 that .any variance is good for six (6) months unless construction has been started. If you have any questions regarding this matter, please contact the Planning Department at 4B6-5736. Sincerely, LAO— Joanne M. Jones. Planning Secretary KODIAK ISLAND BOROUGH PLANNING AND Zr COMMISSION MINUTES lecember 17, 1980, Regular Meeting" k Page 2 Mr. Ball - gave a brief history of the case. First rezoned November 15, 1978 rezoned to R-2. No water, no sewer. Mrs. Crowe - the Borough sold the land to the Kodiak Island Housing Authority for 10% of the appraised value. Discussion on whether or not to rezone Tracts B & E from R-2 to R-3. Mrs. Walser - what about a school buffer? Kadiak First Addition is zoned R-3 for further growth. Discussion on Woody Way. Discussion between the commission on the fact the the commission does not feel that at this time it was necessary for the benefit of the community to change the Comprehensive Plan. It was also brought out that several of the Commissioners received phone calls from people in the area objecting to the rezoning. Mr. Ball - feels that people around this area would not like to see it rezoned as they would be between Fir Terrace and another situtation on the other side. Mr. Ramaglia - people bought in this area for residential not for R-3. Possible traffic problem. Mrs. Walser moved to grant a request to rezone Tracts B & E Kadiak Alaska Sub- division from R-2 to R-3 and an amendment to the Comprehensive Land Use Plan from medium densit residential to hi'h densit residential.Seconded b Mr. Hill. Motion FAILED by unanimous roll call vote. 2. 1-80-046. A request for a variance on lot 4, of the Subdivision of lot 1 of the Military Reserve within USS 2538A, East Addition to Kodiak Townsite for a 4' x 8' activity sign. 1B7 notices sent out. Received 2 with no objection. Mrs. Crowe closed the regular meeting and opened the public hearing. Noreen Thompson - in favor of the sign. Appoligized for the administrative over- sight on the part of the District for the request for the variance. And thank Mr. Crowe's office for bringing it to our attention. Positive response to the sign. Tissie Briggs - President of Student Council and student at the school. Was involved in the purchasing of the sign and the raising of the funds. The sign was purchased by the money that the students of the school. Did not realize it was against the zoning codes to put the sign where it has been placed. Would like to see the sign approved. Mrs. Crowe closed the public hearing and reopened the regular meeting. Mrs. Crowe asked the Commission if they wanted her and Mr. Briggs to abstain frau voting as their children were on the student council. The Commission said they felt it okay for them to vote. Mr. Ball moved to grant a request for a variance to permit a 4' x 8' activity sign on lot 4, of the subdivision of lot 1 of the Military Reserve with n USS 2538A, East Addition to Kodiak Townsite. Seconded by Mr. Ramaglia. Motion PASSED by unanimous roll call vote. . _ ._ 3. 2-80-047. A request fora variance from the yard requirements on lot 2 block 2, Leite Addition. (L.epf.6c.1C...) 150 notices sent out none returned. Mrs. Crowe closed the regular meeting and opened the public hearing. Mr. Gordon - in favor of the variance. Have three parking spaces. Mrs. Walser - are you lower then the sewer? Mr. Gordon - I am 10' above the sewer. KODIAK ISLAND BOROUGH PLANNING AND Zi COMMISSION MINUTES 9ecember 17, 1980, Regular Meeting Page 3 Mrs. Crowe closed the public hearing and reopened the regular meeting. ' Mr. Ball - for the variance r. d t a for a lllot 2,blocke2,to LeitenAddition. tReasonsv forance from granting:th1). rsewerrulineeacross the lot, 2). steepness of the land, 3). single family dwelling to be constructed, 1 :4). not detrimental to the neighboring houses. Seconded by Mrs. Walser. Motion t PASSED by unanimous roll call vote. _ __ - -- '-- 4. Z-80-048. A request for a variance to put up a detached sign in front of Dairy Queen on lots 2 & 3, block 2, Kodiak ToWnsite Alaska Subdivision. 88 notices sent. Received 5 no objection and 1 with objection. Mrs. Crowe closed the regular meeting and opened the public hearing. Hearing no comments Mrs. Crowe closed the public hearing and reopened the regular meeting. Mr. Ball - item 4, page 2, the word rented changed to donated. I don't feel either are necessary. Dairy Queen has these signs all over. Can be used on occasion for special events. Mr. Ball - does not want stipulations on the signs. Mr. Ramaglia - signs for drive through window and menu are permits needed? The Commission said that permits were not needed for these signs. Mrs. Walser - the sign would b&the Dairy Queen logo just like all other Dairy Queen businesses in the world. Mr. Ball moved to grant a request for a special exception to put a detached sign in front of Dairy Queen on lots 2 & 3, block 2, Kodiak Townsite Alaska Subdivision. Seconded by Mrs. Walser. Motion PASSED by unanimous roll call vote. 5. Z-80-049. A request to rezone lots 1A, 1B, and IC, block 1, Emmons Addition and lots 16A1 and 16B, USS 3099 from rural residential to R-2. 100 notices sent out. Received 2 for and 3 against. Petition was circulated with 40 signatures all were within the 300 feet. Mrs. Crowe - read the letter from R. Holms Johnson. 7,200 square feet per unit 14,400 square foot for a duplex. City sewer and water. Mrs. Crowe - closed the regular meeting and opened the public hearing. Mr. Asa Beehler - in favor of the rezoning. applied for the rezoning. Would like to be rezoned to make legal and if any thing should happen then I could rebuild another duplex. One other reason this came to head in reference to my desire to have a zoning change to R-2 is that when I orignially received a building permit the information according to him was that it was legal for him to build a duplex in that area. Mr. Finley - has lived in Kodiak since 1964, has a larger lot, feels the traffic has cut down since the Rezanoff extentsion has been put. in. Plenty parking Feels the same way as Mr. Beehler does. Glen Dick - owner of lot 16A1. purchased the lot 4 years ago with a duplex on it. in favor of rezoning. Mr. Chandler - against the rezoning, sent the petition around. Feels the land should be used for a park. Mrs. Dick - has subdivided the lot several years ago each piece is a little more than 7,200 square feet. Feels the trailer courts 'are a bigger problem then duplexs as trailer courts are higher density then duplexs. Signatures are from the trailer courts mostly. N •S' :•1 KODIAK ISLAND BOROUGH MEMORANDUM DATE: December 4, 1980 TO: Planning and Zoning Commission FROM: Planning Department SUBJ: Information Report RE: Z-80-047. A variance from the yard requirements of the Kodiak Island Borough Code of Ordinances on lot 2, block 2, Leite Addition. (Bryce Gordon) This is a request for a variance from the yard requirements of the Kodiak Island Borough Code of Ordinances on lot 2, block 2, Leite Addition. This request is for a seven (7) foot variance as the rear yard will be eighteen (18) feet instead of twenty-five (25) feet as required by the Kodiak Island Borough Code of Ordinances Mr. Gordon is the owner of record for this lot. Presently the lot is vacant. The lot is zoned R-1. The applicant has answered all the requirements of the varianceas follows: A. THE EXISTING SITUATION IS: The lot has a 16.0' slope from the rear to •the front. The lot has a.sewer, easement..through the center of the property. B. GRANTING OF THIS PETITION WOULD PERMIT: By placing the house in the rear of the yard I would be further from houses on lots 1 & 3. The house on lot 1 is built to the property line. C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ACCORDANCE WITH THE PLANS, WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE: I have the plans prepared and intend to start construction as soon as possible. The applicant has also answered all four (4) criteria for the granting of a variance. Memorandum, D( ter 4, 1980 Page 2 Case No. Z-80-047 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to the other properties in the same land use district. These special conditions are: 1 sewer easement through the center of lot 2, slope of the land and the lower_portion of the lot was used for a stump dump covered with earth. 2. That the strict application of the provisions of th.§ title would result in practial difficulties or unnecessary hardship: If the building was located in front I would need a sewer pump. 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 health, safety or welfare in that: The;house located as shown would be seperated from other houses on the adjoining lots. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan for the following reasons: This house is a small single family house as required for R-1 zones. The Commission may do one of the following: 1. grant with stipulations 2. grant as submitted 3. or deny. KODIAK ISLAND BOROU Box 1246 Kodiak, Alaska 99615 � .�a FIRST CLASS MAIL NOTICE OF PUBLIC HEARING The Kodiak Island Borough Planning and Zoning Commission has received a petition from MR. BRYCE GORDON requesting a variance from the yard requirements on lot 2, block 2, Leite Addition The Kodiak Island Borough Planning and Zoning Commission will hold a Public Hearing on this matter at 7:30 p.m., Wednesday, December 17, 1980 in the Borough Assembly Chambers, 700 Upper Mill Bay Road, Kodiak. You are being notified because you are either the property owner of the above -referenced lots, or an owner of property within 300 feet of the above -referenced property. This will be the only Public Hearing before the Planning and Zoning Commission -on this petition, and you are invited to appear and voice your opinion. If you cannot attend, you may submit a written opinion that can be read into the minutes of the Public Hearing. If you would like to comment on the petition proposal, this form may be used for your convenience, and returned to the Planning Department. Further information is available from the Planning Department, telephone 486-5736. KODIAK ISLAND BOROUGH Department of Planning and Community Development Name Address Legal Description Comments • it, POR TOV Z r' • •• i i2O: :6A?l N.E +'.9f}iVTSFOtJ'•'1 1011141 IS a Nn LILLY LAKE CAROM gugpVlSK eye A is a0 9 as a - 4/4 4.46 4.4 40;044 C a , o a v o 6 1; d v o0 1 4 6 LOAMM^ a 4• p_ a eGj %�/.,�'++/�.- a1Q P MHai+iD °8D a.Dd4'D-Ia .„ o193Dh%hS01;46Aa iaa aaT,4 4 4 ^}0, C, 11 A /14-4: 4 4 1 4 /414 444.4 41 ..:..• r..:r 4 LL i&1 i 4 Y 4 4 �1 -.4 A 4 4. f _MF. 0110rC .1 4- 1"-1 44444444!, 4 4 4 4 4 I 4+4 4 i 4 4 4 4 4 4 4 4 4 4 4 4 i : iL•r.:.,: i' i 4- 4 4 4! 4 A 4 4 4, 4. 4 SARA p G F :I: :.:::! REZAr POTATOPA- ASS:a_ SE ...:..:............................. • OCE•: USS SOL, THE4S ��. loN • US SURVE 2873 oo/o p2,ZTf, 0/ 05P v2A 2 c242/7A 92 f2 s2>j?/ ocooAho2/� 0aPOhif��/ 0/0 >e1/try.„5 0o fell zD y6o 30 1E _/700 k'25etp-70 -_._�. ����� ►�-tis---------- /0/zo 0?� /T �'ys-: ,//zey //0 )/12090/vim /60 Y000 zo 29 rbev yo llZoy6G j-/e//Z4V!' 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THIS IS A REQUEST FOR A VARIANCE FROM SECTION / /0. 640 OF THE ZONING ORDINANCE. DATE RECEIVED RECEIPT NO. 6?5r0,5- CASE NO. HEARING DATE DISPOSITION APPROVED CONDITIONS DATE OF APPEAL HEARING DATE APPROVED DENIED (SEE MINUTES) DENIED CONDITIONS (SEE MINUTES) LETTER SENT PERMIT ISSUED A. THE EXISTING SITUATION IS: Li- 4 /i,/ tbalvci--, 1 174- to h Its & v e -r c&: -r& «- e -Q—# B. GRANTING OF THIS PETITION WOULD PERMIT Z_ j qi, /0-$3 /-3 e4,- I/441441 1—N.A/e-ccict 1:1,141-1W ft -art /701tS-es k 11,5 / C. EVIDENCE OF THE ABILITY AND INTENTION OF THE APPLICANT TO PROCEED IN ACCORDANCE WITH THE PLANS WITHIN SIX (6) MONTHS AFTER THE EFFECTIVE DATE OF THE VARIANCE. a CPQ Olk•- ,Aff/( e;&Hpt 11-44 The application -shall contain a statement and adequate evidence showing the following conditions, all four of which must exist before a variance may be granted: The undersigned alleges: 1. That there are exceptional physical circumstances or conditions applicable to the property or to its intended use or development which do not apply generally to the other properties in the same land use district. Thee special coditions are: / Se_wei, Ed_ 5 wi 71 A Y--) 2 5/o/ A-4 Gil Farr' AOL 571con/ID citz,n4/ CnrVTLS 1/W71 • 2. That the strict application of the provisions f this ti -511e would result in practical difficulties or unnecessary hardship: ,7y„, /L/37 wL.-A.-1Z. • /14. 1.-J e, w F14, ,#Z7 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 health, safety or wel fare in that : A ri• 0 XO -u, u‹, 47_ LS AJ Aece.ce-5 4. That the granting of the variance will not be corary to the objectives of the comprehensive plan for the following reasons: 77,s 0-U,S ‹.--ivra-// •g /4_ Fe-mt/ ketzsz. 7, 2 NOTE: If this variance is granted, it will not permit a use prohibited in the use — district in which the above described premises is located. Applicant further alleges that: (Use back of sheet for additional inforMation.) Signa re of Au horized Agent Address Signa and Owner c7x 77-01,a, Address