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2009-11-05 Regular MeetingKodiak Island Borough Assembly Regular Meeting Agenda Thursday, November 5, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk (*) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of September 3 and October 15, 2009 and Special Meeting Minutes of October 22, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Providence Kodiak Island Medical Center Update 9. PUBLIC HEARING A. Resolution No. FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. B. Contracts — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (8001478 -5736 and Local 486 -3231. Page 1 of 2 C. Resolutions 1. Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility. 2. Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project. 3. Resolution No. FY2010 -15 Adopting A Federal Capital Improvement Projects Priority List For The Federal Fiscal Year 2011. 4. Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. 5. Resolution No. FY2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School. D. Ordinances for Introduction — None. E. Other Items 1. BOARD OF ADJUSTMENT HEARING - Case No. 09 -022. Requesting a Variance, According to KIBC 17.70.050.0 and 17.195 (Variance), to Allow an Existing 24 by 24 Foot Two -Story Single - Family Dwelling to Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback; and to Allow a Proposed 18 by 20 Foot Residential Addition and a 22 by 26 Foot Garage Addition to the Main Dwelling Which Will Similarly Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback Required in the RR1 -Rural Residential One Zoning District (Appellant: Stephen Schrof). 2. *Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. 3. Declaring a Seat on the Solid Waste Advisory Board Vacant. 4. Mayoral Appointments of Assembly Representatives to Boards and Committees. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Regular Meeting of September 15, 2009. B. Reports 1. Kodiak Island Borough August and September 2009 Financial Reports. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 ITEM NO. 9.A SUPPLEMENTAL TO THE NOVEMBER 5, 2009 AGENDA PACKET Received after the agenda setting and currently not on the agenda. Requested by KIB Staff. Subject to approval by the Assembly to add to the packet. Resolution No. FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak . 13.C.4 Was not included in the packet posted on SharePoint. Resolution requested by Mayor Selby. Already on the agenda. Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. 13.C.5 Received after the agenda setting and currently not on the agenda. Requested by KIB Staff. Subject to approval by the Assembly to add to the packet. Resolution No. FY2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School 13.C.6 Received after the agenda setting and currently not on the agenda. Requested by Theresa Peterson. Subject to approval by the Assembly to add to the packet. Resolution No. FY2010 -19 Supporting the Alaska Coastal Communities Global Climate Change Compact. SWAN Kodiak Island Borough Date; Assembly Regular Meeting Agenda Thursday, November 5, 2009, 7:30 p.m., Assembly Chambers 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 5. APPROVAL OF MINUTES A. * Regular Meeting Minutes of September 3 and October 15, 2009 and Special Meeting Minutes of October 22, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month 7. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) A. Agenda Items Not Scheduled for Public Hearing and General Comments 8. COMMITTEE REPORTS A. Providence Kodiak Island Medical Center Update 9. PUBLIC HEARING 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. B. Contracts — None. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 1 of 2 C. Resolutions 1. Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility. 2. Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project. 3. Resolution No. FY2010 -15 Adopting a Federal Capital Improvement Program for the Fiscal Years 2010 -2014. D. Ordinances for Introduction — None. E. Other Items 1. BOARD OF ADJUSTMENT HEARING - Case No. 09 -022. Requesting a Variance, According to KIBC 17.70.050.0 and 17.195 (Variance), to AIIow an Existing 24 by 24 Foot Two -Story Single- Family Dwelling to Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback; and to AIIow a Proposed 18 by 20 Foot Residential Addition and a 22 by 26 Foot Garage Addition to the Main Dwelling Which Will Similarly Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback Required in the RR1 -Rural Residential One Zoning District (Appellant: Stephen Schrof). 2. *Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. 3. Declaring a Seat on the Solid Waste Advisory Board Vacant. 4. Mayoral Appointments of Assembly Representatives to Boards and Committees. 14. CITIZENS' COMMENTS (Limited to Three Minutes per Speaker) 15. ASSEMBLY MEMBERS' COMMENTS 16. ADJOURNMENT 17. INFORMATIONAL MATERIALS (No Action Required) A. Minutes of Other Meetings 1. Parks and Recreation Committee Regular Meeting of September 15, 2009. B. Reports 1. Kodiak Island Borough August and September 2009 Financial Reports. Meeting broadcast live over radio station KMXT 100.1 FM and Cablevision station 12. Citizens' Comments and Public Hearing Numbers: Toll Free (800) 478 -5736 and Local 486 -3231. Page 2 of 2 s KODIAK ISLAND BOROUGH Date Assembly Regular Meeting September 3, 2009 -A NNED D/. Sign: A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, September 3, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Mayor Selby led the Pledge of Allegiance. Present were Mayor Jerome Selby, Assembly members Pat Branson, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Finance Director Karl Short, Clerk Nova Javier, and Assistant Clerk Jessica Kilborn. BRANSON moved to excuse Assembly member Friend who was absent due to personal leave. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of July 16, 2009 and Special Meeting Minutes of July 30, 2009 were approved under the consent agenda. AWARDS AND PRESENTATIONS None. CITIZENS' COMMENTS Trent Dodson, Cook Inlet Regional Citizens Advisory Council (CIRCAC) Director of Public Outreach extended an invitation to the Assembly and the public to attend the CIRCAC quarterly board meeting on Friday, September 4, 2009, at the Kodiak Inn. Informational documents regarding the activities of CIRCAC were made available. Mel Stephens spoke against the proposed Alaska Department of Fish and Game (ADF &G) building listed within Resolution No. FY2010 -07. Lorna Arndt spoke on the subjects of solid waste collection fees and Borough involvement in building State office buildings. COMMITTEE REPORTS Assembly member Branson reported on the travel to Seward for the Greenhouse Model Presentation and Tour, September 24 -25, 2009. Assembly member Lynch reported on the recent actions of the Solid Waste Advisory Board (SWAB). Negotiations with firms responding to the Solid Waste Collections Contract Request for Proposal (RFP) were in process. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 1 Assembly member Jeffrey reported on the Kodiak Fisheries Advisory Council (KFAC) meeting with University of Alaska Fairbanks Chancellor Bryan Rogers which included discussions on developing economic solutions for the fishing industry and Kodiak community. PUBLIC HEARING A. Ordinance No. FY2010 -05 Amending Kodiak Island Borough Code Title 3 Revenue and Finance Chapter 3.05 Fiscal Policy Section 3.05.030 Debt Policies. KAPLAN moved to adopt Ordinance No. FY2010 -05. The ordinance would update the debt policies of the Borough. The Borough had a very conservative debt policy and in many ways it made sense to not have it so restrictive. The reasons for this were: 1. The State of Alaska generally reimbursed the Borough for 60 to 70% of its debt. 2. Under the Governmental Accounting Standards Board (GASB) the State reimbursement was not considered in the net bonded debt calculation but was a very real commodity. 3. General Fund expenditures made up a very small percentage of total Borough revenues. 4. The financial stability of the Borough was further enhanced by the Facilities Fund which did not exist when the policies were originally adopted. The ordinance would change the net debt as a percentage of the estimated market value of taxable property from five percent to fifteen percent. The International City /County Management Association (ICMA) in its publication "Evaluating Financial Condition" recommended that a government's net debt should not exceed 10 percent and what was left out of the formula was the large amount of State reimbursement for the Borough's debt. The ordinance would remove the paragraph stating: "The ratio of debt service expenditures as a percent of governmental fund expenditures should not exceed 20 percent ". Generally, the ratio was for debt service expenditures compared to governmental revenues. The general fund in the Borough was a very small part of its total operations. Mayor Selby opened the public hearing. Mel Stephens spoke against the adoption of Ordinance No. FY2010 -05. Mayor Selby closed the public hearing. Assembly members discussed reliance on the State for debt reimbursements, the affect not adopting the ordinance would have on the upcoming bond propositions, and the Borough's bond rating. Finance Director Short explained the reasons for changing the percentage in the ordinance to 15 percent. ROLL CALL VOTE ON MAIN MOTION CARRIED FIVE TO ONE: Branson, Fulp, Jeffrey, Kaplan, Lynch (Ayes); Stutes (No). BOROUGH MANAGER'S REPORT Manager Gifford reported the following: • Clarified that the Assembly could be provided with the names of the proposers to the Solid Waste Collections RFP however the proposals themselves were considered confidential until after award of the contract and could not be provided. Proposals were received from Alaska Waste of Anchorage, AK and C.K. Russet Enterprises of Iron Mountain, MI; Schaeffer Systems of Charlotte, NC submitted a letter opting out of the proposal process. Based on evaluations of the two responders Alaska Waste was selected as the top proposer, negotiations on contracted services were in the process. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 2 • Due to recent KIB Code revisions, substantial adjustments would be made to the Solid Waste Management Plan at the same time as negotiations, so that the Contractor would have the opportunity to provide input based on their experience in Kodiak. • Reported on the visit with Governor Parnell on Friday, August 28. • Reported on his attendance at the Senate Resource Energy Committee Public Hearing on Tuesday, September 1. • Noted that he would be out of the office September 4 — 20 for personal leave as well as to attend the International City Managers Association (ICMA) Conference and to meet with the congressional delegation and lobbyist in Washington, DC. MESSAGES FROM THE BOROUGH MAYOR Mayor Selby reported on his attendance at the Alaska Municipal League (AML) Board of Directors meeting and noted that the topic of energy was discussed at length by the Board. UNFINISHED BUSINESS None. NEW BUSINESS Contracts A. Contract No. FY2010 -16 Cooperation Agreement Between the Kodiak Island Borough and the Kodiak Island Housing Authority. BRANSON moved to authorize the manager to execute Contract No. FY2010 -16 Cooperation Agreement between the Kodiak Island Borough and Kodiak Island Housing Authority. Kodiak Island Housing Authority (KIHA) identified a shortage of affordable housing for young adults striving for self- sufficiency and proposed to provide them with a safe and stable living environment through a residential setting. The services that would be implemented were designed to help young people successfully transition to independent living and self- sufficiency by assisting young adults in providing their own basic needs with on -site staff providing case management and mentoring. KIHA was targeting young people who were enrolled at Kodiak High School or Kodiak College that were unable to access affordable, safe, and sanitary housing. Education and employment goals would be established when housing participants had been deemed eligible to participate in KIHA's transitional housing program. KIHA was looking for a residence to purchase for this purpose. Staff requested the Assembly's approval and authorization for the manager to sign the cooperation agreement which was required under Section 101 of the Native American Housing and Self Determination Act of 1996, 25 U.S.C. and 4111 (NAHASDA). Indian Housing Block Grant (IHBG) funds provided on behalf of an Indian tribe could not be used for rental or lease - purchase homeownership units that were owned by the IHBG recipient for the tribe and developed under NAHASDA or the United States Housing Act of 1937 (42 U.S.C. and 1437 et seq.) unless the governing body of the locality, within which the rental or lease- purchase units were or would be situated had entered into an agreement with the recipient. The cooperation agreement would exempt the property purchased by KIHA (as proposed and to be subsequently identified by legal description) from property taxation and would require KIHA to make Payments in Lieu of Tax as set forth in the agreement. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 3 B. Contract No. FY2010 -17 Lease Agreement Between the Kodiak Island Borough and Frontier Business Systems, Inc. for Two Bizhub C552 Imaging Systems. STUTES moved to authorize the manager to execute Contract No. FY2010 -17 lease agreement between the Kodiak Island Borough and Frontier Business Systems, Inc. for two Bizhub C552 Imaging Systems. The lease was for two Bizhub C552 imaging systems which were full color printer /copier /scanner machines and had the capability to copy at 55 pages per minute in black and white and 45 pages per minute in color. The lease would allow the Borough to make 2,500 color copies and 6,000 black and white copes per month at no charge and after that the cost would be .012 cents per copy for black and white copies and .8 cents per copy for color copies. The Borough currently leases two Konica 7155 printer /copy /scanning machines. The term of these leases had been met for some time but staff continued to use them on a month to month basis. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Lynch, Stutes, Branson, and Fulp. Resolutions A. Resolution No. FY2010 -06 Adopting the Kodiak Area Coordinated Transportation Plan was approved under the consent agenda. The resolution was requested by Assembly member Branson to express continued support to Kodiak Area Transportation System (KATS) in its goal to provide safe and reliable transportation to those residents who needed it the most so they might remain living independently for as long as possible. B. Resolution No. FY2010 -07 Adopting a State Legislative Capital Improvement Projects Priority List for the 2010 Legislative Session. Manager Gifford noted that a corrected version of Resolution No. FY2010 -07 was provided and had been made available to the public. JEFFREY moved to adopt Resolution No. FY2010 -07. The resolution compiled the list of legislative capital improvement priority (CIP) projects for the Kodiak Island Borough for the 2010 Legislative session. It was important that the list was completed early so that projects could be considered by the different state agencies and hopefully, be included in the Governor's Capital Budget. The list would be forwarded to the Borough's legislative delegation, the governor, and any state agencies that would have oversight and /or involvement in the projects Assembly members discussed the importance of supporting the proposed ADF &G building by including it in the resolution and the benefits the new building would extend to the community. Mayor Selby clarified that Borough funds would not be used for the ADF &G building, funding would come from other sources. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Kaplan, Lynch, Stutes, Branson, Fulp, and Jeffrey. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 4 C. Resolution No. FY2010 -08 Appointing a Member to the Kodiak Fisheries Development Association was approved under the consent agenda. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provided for appointments of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. Two of the three joint KFDA Director seats' terms expired in July 2008. Ms. Freed indicated her desire to be appointed to one of the expired joint seats for a term to expire July 2011. Since there was no Borough /City Joint Work Session scheduled, both the Borough and City Managers proposed to present the appointment of Ms. Freed. Joint Appointees: Stosh Anderson (7/10) (joint appointment) Linda Freed (7/11) (joint appointment) (seat previously held by Donna Jones exp. 7/2008) Laine Welch (7/08) (joint appointment) Ordinances for Introduction None. Other Items None. CITIZENS' COMMENTS Mel Stephens spoke on the proposed cost of the new ADF &G building and the Borough's debt service guidelines. ASSEMBLY MEMBER COMMENTS Assembly members wished the community a safe Labor Day weekend and encouraged local attendance at the Fair. Assembly member Stutes inquired about the status of the Pasagshak tsunami sirens. Manager Gifford had no new information on the status and reported that there were still problems with the signal. Assembly member Stutes stated that she was excited about reading the comments of the students on the new pool. She expressed appreciation for the Assembly's visit with the DC lobbyist in Washington, D.C., and commented on the Governor's reception. Assembly member Kaplan thanked the Manager for working on the CIP list and for making it so promptly available. Assembly member Fulp commented on the Governor's reception, reported that President Obama would be addressing school children on September 8, 2009 at 8 p.m. AKST, and expressed appreciation for the opportunity to meet with the congressional delegation in Washington, DC. Assembly member Jeffrey expressed condolences to the friends and families of Sue Waller and Stan Austerman. Assembly member Branson expressed excitement about the opening of the new pool and spoke of the benefits such projects have for the community. Kodiak Island Borough Assembly Minutes September 3, 2009 Page 5 Mayor Selby commended the Kodiak Electric Association Board of Directors and staff for their dedication on moving forward on the wind turbine project which was a significant asset to the Kodiak community, thanked Governor Parnell for visiting Kodiak, and thanked the Coast Guard for allowing the King Fishers to use their pool during the time it took for the new pool to be completed. Announcements Mayor Selby announced that the Assembly work session scheduled for Thursday, September 10, 2009 and the regular meeting scheduled for Thursday, September 17, 2009 had been cancelled. The next Assembly work session would be held on Thursday, September 24, 2009 at 7:30 p.m. in the Borough Conference Room and the next regular meeting was scheduled on Thursday, October 1, 2009 at 7:30 p.m. in the Borough Assembly Chambers. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Lynch, Stutes, Branson, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 9:05 p.m. Nova M. Javier, MMC, Borough Clerk Approved: KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Kodiak Island Borough Assembly Minutes September 3, 2009 Page 6 KODIAK ISLAND BOROUGH Assembly Regular Meeting October 15, 2009 A regular meeting of the Kodiak Island Borough Assembly was held on Thursday, October 15, 2009 in the Assembly Chambers of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. The invocation was given by Captain John Quinn of the Salvation Army. Deputy Presiding Officer Branson led the Pledge of Allegiance. Present were Deputy Presiding Officer Pat Branson, Assembly Members Jerrol Friend, Judy Fulp, Sue Jeffrey, Dave Kaplan, Chris Lynch, and Louise Stutes. Staff members present were Manager Rick Gifford, Clerk Nova Javier, and Deputy Clerk Marylynn McFarland. JEFFREY moved to excuse Mayor Selby who was attending the Western Interstate Region Conference. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA AND CONSENT AGENDA JEFFREY moved to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES A. Regular Meeting Minutes of August 6 and Special Meeting Minutes of August 18 and September 24, 2009 were approved under consent agenda. AWARDS AND PRESENTATIONS Manager Gifford presented the Employee of the Quarter (EOQ) Award to Paul VanDyke, IT Supervisor in the IT Department. Manager Gifford presented a Ten -Year Longevity Award to Mary Barber, Secretary III in the Engineering /Facilities Department. Deputy Presiding Officer Branson, on behalf of Mayor Selby, proclaimed the month of October 2009 as Domestic Violence Awareness Month urging all citizens to actively support and participate in the ongoing programs designed to reduce and eventually eliminate violence as a social problem. She also proclaimed October 24, 2009 as Coast Guard Appreciation Day in Kodiak urging citizens to recognize our Coast Guard Community for their individual and collective efforts in making Kodiak and all the navigable waters of Alaska a safer and better place to live, work, and play. CITIZENS' COMMENTS Arthur Schultz, resident of 3580 Sitkinak Drive, read a letter to the Assembly regarding traffic issues on Perenosa Drive. He urged the Assembly to look into the matter. Kodiak Island Borough Assembly Minutes October 15, 2009 Page 1 COMMITTEE REPORTS Assembly member Stutes reported that SWAMC board met on Thursday, October 15, 2009. Discussion included the Interim Report of the Interagency Oceans Policy Task Force. She gave an update regarding the Sea Lion mitigation program funds. She mentioned the next Board meeting would be in Anchorage on November 15. Assembly member Kaplan attended the Parks and Recreation Committee Meeting where shooting problems at White Sands Beach recreation area was addressed. Many agencies were represented at the meeting and ideas were exchanged which included education in the schools and signage on various properties. Assembly member Jeffrey reported that the Kodiak Fisheries Advisory Committee meeting would be held at the Kodiak Community College, October 16, 2009 at 9 a.m. PUBLIC HEARING None. BOROUGH MANAGER'S REPORT Manager Gifford provided an update on the flooding and landslide issues that occurred over the weekend. The State Division of Homeland Security and Emergency Management was contacted and a request would be sent for possible response and recovery financial assistance. He reported damage and massive erosions to the roads servicing the Terror Lake Electric power plant and other Department of Transportation (DOT) managed roads. He reported he will be out of town to attend AML /JIA Conference and for some personal leave October 17 -26. In response to Assembly member Branson, he advised that the Borough has not received notice of the Block Grant for the Long Term Care facility yet. Upon receipt of updates and notices from both KANA and Providence Kodiak Island Medical Center, KIB should be able to move forward with the Block Grant. MESSAGES FROM THE BOROUGH MAYOR None. UNFINISHED BUSINESS None. NEW BUSINESS Contracts None. Resolutions A. Resolution No. FY2010 -09 Ratifying and Certifying the Results of the Municipal Election Held October 6, 2009 STUTES moved to adopt Resolution No. FY2010 -09. The Kodiak Island Borough election was held on October 6, 2009. The Canvass Review Board met on October 8 and 14 and examined in detail the results from the different precincts including write -ins, absentee and questioned ballots, by mail and personal representative ballots. Provided to the Assembly and public was a report of the canvass which included the resolution ratifying and certifying the results of the municipal elections. Clerk Javier thanked the election workers who worked hard in ensuring that the municipal election was conducted as smooth as possible. Kodiak Island Borough Assembly Minutes October 15, 2009 Page 2 ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. B. Resolution No. FY2010 -10 Expressing Appreciation to Attorney Matt Jamin for His Tireless Efforts in Representing the Citizens of Kodiak in the Exxon Valdez Oil Spill Litigation. JEFFREY moved to adopt Resolution No. FY2010 -10. This resolution expressed appreciation to KIB Attorney Matt Jamin for his tireless efforts in representing Coastal Fishing Communities in the Exxon Valdez Oil Spill litigation. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. C. Resolution No. FY2010 -11 Appointing a Member to the Kodiak Fisheries Development Association. KAPLAN moved to adopt Resolution No. FY2010 -11. The Kodiak Island Borough and City of Kodiak jointly designated the Kodiak Fisheries Development Association (KFDA) as the eligible crab community entity (ECCE). The by -laws of the KFDA provide for appointment of Directors to the Board by the Kodiak Island Borough Assembly and the Kodiak City Council. Two of the three joint KFDA Director seats' terms expired in July 2008. Mr. Albert Tyler Schmeil indicated his desire to be appointed to one of the expired joint seats for a term to expire July 2011. Since there was no Borough /City Joint Work Session currently scheduled, both the Borough and City Managers proposed to present the appointment of Mr. Schmeil. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. Ordinances for Introduction None. Other Items A. Oath of Newly Elected Officials. Borough Clerk Javier administered the Oath of Office to newly elected Assembly members Jerrol Friend and Chris Lynch. CITIZENS' COMMENTS None. ASSEMBLY MEMBER COMMENTS Assembly members congratulated Employee of the Quarter Award recipient Paul VanDyke and Lon Longevity Award recipient, Mary Barbers, and newly - elected Assembly members Friend and Lynch. They also thanked the Clerk's Office staff and the election workers. Kodiak Island Borough Assembly Minutes October 15, 2009 Page 3 Assembly member Lynch thanked those who worked on the flood areas and eroded roads. She emphasized the need to prioritize the Womens Bay emergency shelter. Assembly member Kaplan thanked the Coast Guard for its contribution to the community. Assembly member Fulp thanked the Clerk's Office staff for organizing the trip to DC. She applauded everyone who are making improvements to new and old buildings in Kodiak. She attended the Community Health Center's grand opening and with the recent passage of Proposition No. 1, she hoped that the building project would go well. Assembly member Friend thanked everyone for their support during election. She thanked the Clerk's Office for a successful election. Assembly member Stutes concurred with all the congratulatory comments of other Assembly members. She noted that Brechan, Inc. did a wonderful job paving Sharatin Road. Deputy Presiding Officer Branson thanked all those who ran for office. She looked forward to seeing the new high school project progress and thanked the community for its support. ADJOURNMENT JEFFREY moved to adjourn the meeting. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY: Jeffrey, Kaplan, Stutes, Branson, Friend, Fulp, Jeffrey, and Kaplan. The meeting adjourned at 8:10 p.m. KODIAK ISLAND BOROUGH ATTEST: Jerome M. Selby, Mayor Nova M. Javier, MMC, Borough Clerk Approved: Kodiak Island Borough Assembly Minutes October 15, 2009 Page 4 Sc... ANNED Kodiak Island Borough Date. '' Sign; .. Assembly Special Meeting October 22, 2009 A special meeting of the Kodiak Island Borough Assembly was held Thursday, October 22, 2009 in the Borough Conference Room of the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to order at 7:30 p.m. Present were Mayor Jerome Selby, Assembly members Pat Branson, Jerrol Friend, Judy Fulp, Dave Kaplan, Chris Lynch, Sue Jeffrey, and Louise Stutes. Staff members present were Administrative Official Cassidy and Borough Clerk Nova Javier. CITIZENS' COMMENTS None. CONSIDERATION OF MATTERS IN THE CALL FOR THE SPECIAL MEETING A. CONTRACTS 1. Contract No. FY2010 -20(A) Chiniak Library Demolition and Asbestos Removal. BRANSON moved to authorize the Manager to execute Amendment #A to the existing Term Contract No. FY2010 -20 with Satori Group, Inc. of Anchorage, AK for building demolition and asbestos removal at the Old Chiniak Library for an amount not to exceed $99,033. The Kodiak Island Borough had several projects planned that required the services of an Environmental Consultant/Abatement Contractor. After advertizing a request for proposals, KIB entered into a term contract with Satori Group Inc. for Environmental Consulting and Abatement Services for projects yet to be determined in accordance with KIBC procurement requirements. The term contract in its present form did not authorize work nor did it obligate KIB for payment. It identified terms and fees of agreement for work to be authorized in the future. The Old Chiniak Library had been derelict for years and had become an attractive nuisance and a liability for the Borough. Staff received a cost estimate from Satori to assess the building, remove and dispose of asbestos containing materials, provide site clearance according to ADEC requirements, and demolish and dispose of the remainder of the building and debris. Satori forwarded a cost estimate in an amount not to exceed $99,033. The proposed amendment to the Term Contract would authorize the work and provide for compensation based on actual time and materials according to the fee schedule and all requirements contained in the therein. Staff recommended the Borough Assembly amend Contract No. FY2010 -20 and authorized Amendment No. 1 to be added to the existing Term Contract with Satori Group, Inc. for an amount not -to- exceed $99,033.00 for building demolition and asbestos removal at the Old Chiniak Library. ROLL CALL VOTE ON MOTION: Branson, Friend, Fulp, Jeffrey, Kaplan, Lynch, and Stutes. Kodiak Island Borough Assembly Minutes October 22, 2009 Page 1 2. Contract No. FY2010 -21 Professional Services for the Estimation of Remaining Gravel Reserves in the B- Tracts Material Site in the Bells Flats Alaska Subdivision. JEFFREY moved to authorize the Manager to execute Contract No. FY2010 -21 with Recon, LLC (Rowland Engineering Consultants) of Palmer, Alaska for professional services in an amount not to exceed $72,310. The contract with Recon, LLC is to determine a quantity estimate of the gravel reserves remaining on the B- Tracts material site in Bells Flats. This site was the only identified and developed source of gravel on the Kodiak road system suitable for use in asphalt and concrete production. The method proposed consists of drilling a series of test holes around the perimeter of the pond to determine depth to bedrock, and combined that information with data derived from an updated topographic survey to calculate an accurate estimate of the remaining resource. Several of the drill holes would then be converted to monitoring wells for purposes of groundwater quality monitoring and tracking of water table changes. The drilling would also be used to develop some conclusions regarding the quality of the remaining material. A current site, specific understanding of the quantity of material remaining and of what is occurring outside of the boundary of the lease area, would provide important information entering into a long term lease. This would help ensure that maximum utilization of the resource be balanced with off -site neighborhood and fishery habitat concerns. Isaac Rowland from Recon, LLC did a PowerPoint presentation for the Assembly. ROLL CALL VOTE ON MOTION: Friend, Fulp, Jeffrey, Kaplan, Lynch, Stutes, and Branson. B. RESOLUTIONS 1. Resolution No. FY2010 -12 Declaring the Continuance of a Local Disaster Emergency in the Kodiak Island Borough and Authorizing the Submission of a Request for Assistance to the State of Alaska. FRIEND moved to adopt Resolution No. FY2010 -12. Kodiak Island Borough Manager Rick Gifford signed a local disaster declaration with a request for State of Alaska assistance on October 16, 2009. Alaska Statutes 26.23.140 Local Disaster Emergencies section A states: "A local disaster emergency may be declared only by the principal executive officer of a political subdivision. It may not be continued or renewed for a period in excess of seven days, except by or with the consent of the governing board of the political subdivision. Kodiak Island Borough Assembly Minutes October 22, 2009 Page 2 Adoption of this Resolution would give authorization for the continuance of a local disaster emergency in the Kodiak Island Borough and authorize the submission of a request for assistance to the State of Alaska. ROLL CALL VOTE ON MOTION: Fulp, Jeffrey, Kaplan, Lynch, Stutes, Branson, and Friend. ADJOURNMENT BRANSON moved to adjourn the meeting. ROLL CALL VOTE ON MOTION: Jeffrey, Kaplan, Lynch, Stutes, Branson, Friend, and Fulp. The meeting adjourned at 8:06 p.m. ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH Jerome M. Selby, Mayor Approved: Kodiak Island Borough Assembly Minutes October 22, 2009 Page 3 TITLE: Resolution1.FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak SUMMARY: The Kodiak Island Borough is applying for a grant from the State of Alaska, Department of Commerce Community and Economic Development under the Community Development Block Grant Program. The Community Development Block Grant Program funds up to $850,000 for community development activities which benefit low and moderate income persons in the community. Staff is proposing to obtain funds for the planning phase for the replacement of Kodiak's long term care facility. A public hearing is being held in regards to this grant application in order to provide the community with the opportunity to voice support for the proposed project or to propose an alternative community interest project that would be eligible for Community Development Block Grant Funding. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to Adopt Resolution No. FY2010 -18. Form Ver. 06/30/2009 SC,4N,TATFP Dateigr, ITEM NO: 9.A 1 Introduced by: Date_] # AZ • er :1/2 • 2 Requested by: ?•rd 3 Drafted by: G Wn� 't� e 4 Christiansen Introduced on: 11/05/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2010 -18 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 11 SUBMISSION OF AN APPLICATION TO THE STATE OF ALASKA COMMUNITY 12 DEVELOPMENT BLOCK GRANT PROGRAM TO OBTAIN FUNDING FOR THE PLANNING 13 OF THE REPLACEMENT OF THE LONG TERM CARE FACILITY IN KODIAK 14 15 WHEREAS, the Care Center serves frail elderly and impaired adult patients and is the only 16 long term care facility in the Kodiak region, and 17 18 WHEREAS, the 19 bed facility, located in a hospital wing that was not designed to be a long 19 term care facility, is presenting space and safety concerns directly affecting the quality of care 20 and quality of life of each resident, and 21 22 WHEREAS, the 2008 Kodiak Island Community Health Assessment documents a community 23 need for the replacement of the long term care center, and 24 25 WHEREAS, a new long term care facility is a high priority community project included in the 26 2009 Kodiak Region Comprehensive Economic Development Strategy and the Kodiak Island 27 Borough's Capital Improvement Priority Lists submitted to our state legislators and federal 28 delegation, and 29 30 WHEREAS, the Kodiak Island Borough is eligible to apply for a grant from the State of Alaska 31 Community Development Block Grant Program for community development activities including 32 community development projects, planning projects or special economic development projects 33 that benefit low and moderate income persons in our community. 34 35 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 36 BOROUGH that an application be submitted to the State of Alaska Community Development 37 Block Grant Program to obtain funding for the planning of the replacement of the long term care 38 facility in Kodiak. 39 BE IT FURTHER RESOLVED that the Borough Manager is authorized to negotiate and execute 40 any and all documents required for granting and managing funds on behalf of the Kodiak Island 41 Borough. 42 43 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 44 THIS DAY OF 2009 45 46 KODIAK ISLAND BOROUGH 47 48 49 ATTEST: Jerome M. Selby, Borough Mayor 50 51 52 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -18 Page 1 of 1 1 Introduced by: Manager Gifford 2 Requested by: Manager Gifford Drafted by: Grant Writer 3 Christiansen 4 Introduced on: 11/05/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY2010 -18 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH APPROVING 11 SUBMISSION OF AN APPLICATION TO THE STATE OF ALASKA COMMUNITY 12 DEVELOPMENT BLOCK GRANT PROGRAM TO OBTAIN FUNDING FOR THE PLANNING 13 OF THE REPLACEMENT OF THE LONG TERM CARE FACILITY IN KODIAK 14 15 WHEREAS, the Care Center serves frail elderly and impaired adult patients and is the only 16 long term care facility in the Kodiak region, and 17 18 WHEREAS, the 19 bed facility, located in a hospital wing that was not designed to be a long 19 term care facility, is presenting space and safety concerns directly affecting quality of life of each 20 resident, and 21 22 WHEREAS, the 2008 Kodiak Island Community Health Assessment documents a community 23 need for the replacement of the long term care center, and 24 25 WHEREAS, a new long term care facility is a high priority community project included in the 26 2009 Kodiak Region Comprehensive Economic Development Strategy and the Kodiak Island 27 Borough's Capital Improvement Priority Lists submitted to our state legislators and federal 28 delegation, and 29 30 WHEREAS, the Kodiak Island Borough is eligible to apply for a grant from the State of Alaska 31 Community Development Block Grant Program for community development activities including 32 community development projects, planning projects or special economic development projects 33 that benefit low and moderate income persons in our community. 34 35 WHEREAS, the Kodiak Island Borough is an applicant for a grant not to exceed the amount of 36 $850,000 from the Alaska Department of Commerce, Community, and Economic Development 37 under the CDBG program. 38 39 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 40 BOROUGH that an application be submitted to the State of Alaska Community Development 41 Block Grant Program to obtain funding for the planning of the replacement of the long term care 42 facility in Kodiak. 43 BE IT FURTHER RESOLVED that the Borough Manager is authorized to negotiate and execute 44 any and all documents required for granting and managing funds on behalf of the Kodiak Island 45 Borough. 46 47 Kodiak Island Borough Resolution No. FY2010 -18 Page 1 of 2 TITLE: Reorganization of the Kodiak Island Borough Assembly - Election of Deputy Presiding Officer. SUMMARY: 2.25.050 Deputy presiding officer. The assembly shall elect from among its members a deputy presiding officer, as specified in KIBC 2.30.040(A), to act as the chair in the absence of the mayor to conduct the meetings and see that the rules are observed. If the deputy presiding officer is not present or disqualifies himself, the senior assembly member present shall act as the chair. When a member of the assembly is acting as the chair, the member retains all privileges otherwise held as a member of the assembly. 2.30.040 Organization and deputy presiding officer. A. Organization. The assembly shall annually, at the November meeting, elect from its members a deputy presiding officer to serve at the assembly's pleasure. B. Election of the deputy presiding officer of the assembly shall be in the following manner: 1. As the first order of new business, nominations for deputy presiding officer shall be opened. 2. Nominations may be made by any member of the assembly. 3. At the close of nominations, a ballot shall be taken. The clerk shall distribute, collect, and with the assistance of one other person, tally the ballots. The clerk shall announce the results. 4. A majority vote of the assembly shall be required for election. 5. If no majority is cast for any candidate, the candidate with the fewest ballots shall be dropped from the list of candidates until there are two remaining and balloting shall continue until one candidate is elected. C. Deputy Presiding Officer. The deputy presiding officer shall preside as the chair at assembly meetings in the absence of the mayor. If at any meeting the deputy presiding officer is not present, or is unable to act, the senior assembly member present shall preside as the chair. FISCAL NOTES: N/A APPROVAL FOR AGENDA: Form Ver. 06/30/2009 c,1` A k r�rrrti KODIAK ISLAND BOROUGH Oatf: !' , AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING ITEM NO: 13.A.1 RECOMMENDED MOTION: Move to nominate as deputy presiding officer. TITLE: SUMMARY: FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility In 1998, Resolution No. 1998 -23 was adopted designating the Borough Clerk's Office as a Passport Acceptance Facility (PAF) to take over the relinquished services of the Alaska State District Court, and the Borough has provided this service for more than 10 years. In 2007, the Kodiak Post Office was also designated as a PAF. Due to recent changes to the process requirements and a reduction of compensation for acceptance facilities, it was determined that it is less cost - effective for the Borough to continuing providing this service. With the existence of another PAF in the community the Clerk's Office is requesting that Resolution No. 1998 -23 be rescinded and that the Kodiak Island Borough Passport Acceptance Facility be deactivated and services be discontinued effective November 22, 2009. g RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -13. ITEM NO: 13.C.1 SC YN Date; t �- _Sign ;_ 1 Introduced by: KIB Assembly Requested by: Borough Clerk 2 Drafted by: Borough Clerk 3 Introduced on: 11/05/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2010 -13 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 DEACTIVATING KODIAK ISLAND BOROUGH CLERK'S OFFICE 11 AS A PASSPORT ACCEPTANCE FACILITY 12 13 WHEREAS, In 1998, the Alaska State District Court relinquished this service to the Kodiak 14 Island Borough (KIB); and 15 16 WHEREAS, the KIB Clerk's Office, by Resolution No. 1998 -23, requested designation as a 17 Passport Acceptance Facility on June 18, 1998 from the United States Department of State; and 18 19 WHEREAS, for more than 10 years, the KIB Clerk's Office provided this valuable service to the 20 community of Kodiak Island Borough; and 21 22 WHEREAS, in 2007, the Kodiak Post Office established and opened a passport acceptance 23 facility in Kodiak; and 24 25 WHEREAS, it has now become Tess cost - effective for the KIB to continue providing this 26 service; 27 28 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 29 BOROUGH that Resolution No. 1998 -23 is rescinded and the Kodiak Island Borough Passport 30 Acceptance Facility will deactivate and discontinue providing service as a passport acceptance 31 facility effective November 22, 2009. 32 33 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 34 THIS DAY OF 2009 35 36 KODIAK ISLAND BOROUGH 37 38 39 40 Jerome M. Selby, Borough Mayor 41 42 ATTEST: 43 44 45 46 Nova M. Javier, MMC, Borough Clerk 47 Kodiak Island Borough Resolution No. FY2010 -13 Page 1 of 1 Current processing fee $25.00 Delivery fee — average ($7.00) Processing for each application (.5 hours minimum based on hourly rate) ($9.50) Packaging /Mailing of application (.75 hours required to take to the post office) ($14.25) (.25 Follow up monitoring required and possible reporting if lost) ($4.25) ($35.00) Loss - $10.00 p Current processing fee $50.00 Delivery fee — average ($7.00) Processing for each application x 2 ($19.00) (1 hour minimum based on hourly rate assistant clerk) Packaging /Mailing of application ($14.25) (.75 hours required to take to the post office) (.25 Follow up monitoring required and possible reporting if lost) ($4.25) ($44.50) Revenue $5.50 PASSPORT ACCEPTANCE FACILITY UPDATE • In 1998, staff reductions forced the State District Court to relinquish this service to the Borough. • The Assembly approved Resolution No. 1998 -23 establishing the KIB Clerk's Office as a passport acceptance facility on 06/18/1998. • In 2007, the USPS opened up an acceptance facility in Kodiak. • In 2008, the processing fee was reduced from $30 to $25. • For FY2009 (July 1, 2008 to June 30, 2009), the Clerk's Office processed a total of 153 applications which amounted to $3,825. As of September 1, 2009, we received notice that we are now required to send processed applications by traceable delivery method which includes. These methods require staff to take the package to the post office. 1. USPS Priority Mail with Delivery Confirmation $5.65 minimum 2. USPS Priority Mail with Signature Confirmation $7.30 minimum 3. USPS Express Mail (for overnight delivery requests) Fee paid by customer The Seattle Passport Agency confirmed that the first two delivery methods mentioned above cannot be charged to the customers. Below is to show you the potential of the Borough subsidizing this program. These examples are on the conservative side based on the Assistant Clerk's hourly rate and may cost more if based on the Deputy or the Clerk's rate of pay. for one application a da 's Office rocess at least two using one flat rate envelope for delivery DIRECTION NEEDED FROM THE ASSEMBLY: Would you like the Clerk's Office to continue this service to the public? kIN D PASSPORT ACCEPTANCE FACILITY UPDATE • In 1998, staff reductions forced the State District Court to relinquish this service to the Borough. • The Assembly approved Resolution No. 1998 -23 establishing the KIB Clerk's Office as a passport acceptance facility on 06/18/1998. • In 2007, the USPS opened up an acceptance facility in Kodiak. • In 2008, the processing fee was reduced from $30 to $25. • For FY2009 (July 1, 2008 to June 30, 2009), the Clerk's Office processed a total of 153 applications which amounted to $3,825. As of September 1, 2009, we received notice that we are now required to send processed applications by traceable delivery method which includes. These methods require staff to take the package to the post office. 1. USPS Priority Mail with Delivery Confirmation $5.65 minimum 2. USPS Priority Mail with Signature Confirmation $7.30 minimum 3. USPS Express Mail (for overnight delivery requests) Fee paid by customer The Seattle Passport Agency confirmed that the first two delivery methods mentioned above cannot be charged to the customers. Below is to show you the potential of the Borough subsidizing this program. These examples are on the conservative side based on the Assistant Clerk's hourly rate and may cost more if based on the Deputy or the Clerk's rate of pay. for one application a da 's Office rocess at least two using one flat rate envelope for delivery DIRECTION NEEDED FROM THE ASSEMBLY: Would you like the Clerk's Office to continue this service to the public? kIN D TITLE: Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project SUMMARY: APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING The Terror Lake Unit 3 Hydroelectric Project is a technically and economically feasible project that Kodiak Electric Association, Inc. is able to complete and operate for the Tong -term benefit of the Kodiak community. Expanding the capacity of the Terror Lake Hydroelectric Facility will provide electrical grid stability needed for additional renewable energy resources that can be developed. KEA is submitting a grant application to the Alaska Energy Authority for Renewable Energy Funds to install an additional hydroelectric turbine at the Terror Lake Hydroelectric Facility. KEA hopes to include this Resolution as a documentation of community support for the project in the grant application. RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -14. T NED, : Date. 1 ' Sign: ITEM NO: 13.C.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 ATTEST: Nova M. Javier, MMC, Borough Clerk KODIAK ISLAND BOROUGH RESOLUTION NO. FY 2010 -14 Introduced by: Requested by: Drafted by: Introduced on: Adopted on: Jerome M. Selby, Borough Mayor Manager Gifford J. Richcreek, KEA J. Richcreek, KEA 11/05/2009 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH URGING THE ALASKA ENERGY AUTHORITY AND ALASKA STATE LEGISLATURE TO AWARD GRANT FUNDING FOR KODIAK ELECTRIC ASSOCIATION'S TERROR LAKE UNIT 3 HYDROELECTRIC PROJECT WHEREAS, safe and reliable electric energy is an essential service for residents of the Kodiak Island Borough; and WHEREAS, unstable diesel fuel prices create volatile electric rates that hinder economic development in the Kodiak region; and WHEREAS, renewable energy provides a sustainable power supply and power cost stability; and WHEREAS, renewable power is crucial for the environmental health of Kodiak Island, the state, and the nation; and WHEREAS, expanding the capacity of the Terror Lake Hydroelectric Facility will provide electrical grid stability needed before additional renewable energy resources can be developed; and WHEREAS, the Terror Lake Unit 3 Hydroelectric Project is a technically and economically feasible project that Kodiak Electric Association, Inc. is able to complete and operate for the long -term benefit of the Kodiak community; and WHEREAS, Kodiak Electric Association, Inc.'s Terror Lake Unit 3 Hydroelectric Project is in need of capital project funding; and WHEREAS, the State of Alaska is committed to supporting the development and enhancement of its renewable power through the establishment of the Renewable Energy Grant Fund for the benefit of all Alaskans; and NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH that the Alaska Energy Authority and the Alaska State Legislature are urged to fully fund Kodiak Electric Association, Inc.'s grant request from the Renewable Energy Fund for the Terror Lake Unit 3 Hydroelectric Project. ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH THIS DAY OF NOVEMBER 2009 KODIAK ISLAND BOROUGH Kodiak Island Borough Resolution No. FY2010 -14 Page 1 of 1 TITLE: Resolution No. FY2010 -15 Adopting A Federal Capital Improvement Projects Priority List For The Federal Fiscal Year 2011. SUMMARY: This resolution designates the Borough's top six federal capital improvement project priorities for federal fiscal year 2011. These are projects that the Borough forwards to our congressional delegation in hopes of having the federal government provide part or all of the funding needed to complete these projects. FISCAL NOTES: Account No.: NA Amount Budgeted: NA Expenditure Required: NA APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -15. S(, ;TNED Date ign m . ITEM NO: 13.C.3 ANNEp nag Introduced by: 1u�„1 lirpr k Requested by: KIB�s , Drafted by: Special Projecfs Support Christiansen 1 Introduced: 11/05/2009 2 Adopted: 3 KODIAK ISLAND BOROUGH 4 RESOLUTION NO. FY2010 -15 5 6 A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY 7 ADOPTING A FEDERAL CAPITAL IMPROVEMENT PROJECTS PRIORITY LIST 8 FOR THE FEDERAL FISCAL YEAR 2011 9 10 WHEREAS, a capital improvement program has been adopted by the Kodiak Island Borough 11 Assembly that identifies the needs of the community over the next five years; and 12 13 WHEREAS, the Kodiak Island Borough has identified six priority capital improvement projects 14 to submit to the Alaska Congressional Delegation for funding consideration. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE ASSEMBLY OF THE KODIAK ISLAND 17 BOROUGH THAT: 18 19 Section 1: The Kodiak Island Borough's top six federal capital improvement project priorities 20 for federal fiscal year 2011 are as follows: 21 22 1. Kodiak - Near Island Research and Administration Facility Total estimated cost of the project $20,000,000 Federal Funding Requested $ 5,050,000 This project is a classic Federal- State -Local collaboration. ADF &G needs roughly 60% more space to conduct its science, management, and enforcement mission in the Gulf of Alaska region. There is a particular need for additional lab space to accommodate research. ADF &G's research is focused on Steller sea lion stocks, crab stocks, and ground fish. The new facility would be located on Near Island adjacent to the existing Kodiak Fisheries Research Center, a research facility dedicated to NOAA and University of Alaska research efforts on Borough land. The State of Alaska has committed roughly $5 million to the project, and an application to the Exxon Valdez Oil Spill Trustee Council is currently pending for $10 million. An additional investment of $5 million is necessary to finance this public infrastructure. This would be a major step forward in realizing Kodiak's long -term objective of developing a Federal -State collaborative marine science campus on Near Island. 2. Anton Larsen Dock (design, repair and construction) Total cost of the project Federal Funding Requested $1,000,000 $1,000,000 The Anton Larsen Floating Dock is located 18 miles from the town of Kodiak. It was originally constructed as a supply dock for work associated with the Terror Lake Hydroelectric Project. Instead of dismantling the dock upon the completion of the dam, the Borough became interested in it. It is a facility that is heavily used by residents of the rural communities of Port Lions and Ouzinkie, as well as those living on the island's west side. During the summer it is also used by charter boats and sports and commercial fishermen. This interest resulted from the boating public's desire for a safer route to the community of Kodiak through Anton Larsen Bay. A road leads to the City of Kodiak from this dock, bypassing the potential risk to loss of life and property that is huge when navigating around Kodiak Island Borough Resolution No. FY2010 -15 Page 1 of 3 Spruce Cape. Spruce Cape is one of the most dangerous stretches of water on Kodiak Island and many people risk navigating around this cape to receive essential services. The KIB improved the dock in 1995 by driving piles and refurbishing the floating dock structure. Much more needs to be done to replace the dock and piles and design an improvement to this important facility. 3. Womens Bay Tsunami /Emergency Shelter Total cost of the project $1,500,000 Federal Funding Requested $1,025,000 There is no emergency shelter in the Womens Bay Community. Womens Bay is located 8 miles from town and 2 miles from the USCG Support Center. Should there be a tsunami that destroys the roads, or a rock slide at the Pillar Mountain slide area or the Old Womens Mountain site, the community of 700 residents would be without support services. A logical location for an emergency shelter is adjacent and attached to the Womens Bay Fire House. This existing building acts as a community gathering center, but there is presently no additional space to respond to shelter needs in times of crises. A proposed 2,500 square foot addition with an emergency generator is proposed at a cost of $1,500,000. Department of Housing and Urban Development, Economic Development Initiative funds in the amount of $475,000 have been appropriated for this project 4. Kodiak Roads/Trails Federal Funding Requested $5,000,000 The Kodiak Island Borough has been struggling to meet the demand for maintaining its existing road system. Most of the population growth is occurring outside of the Kodiak city limits, falling within the Borough's jurisdiction. As this population increases, the dirt roads become increasingly unsafe and more expensive to maintain. Many of these roads are composed of compacted gravel topped with finer material. The local material used for road construction is shale that is quite soft and breaks down rapidly after being compacted by traffic, road maintenance, and snow removal. The road material presents a continuous struggle to maintain in a rainy climate, requiring frequent pot hole and drainage repair. During dry spells, fine airborne dust creates visibility hazards and respiratory health concerns. Additionally, children walk along the road corridors when going to school and the decaying road surfaces present safety issues for them, therefore this request also includes funding to provide for pedestrian trails and /or bike paths. 5. Traffic Safety Lighting (City of Kodiak to United States Coast Guard Base) Total estimated cost for the project: $3,000,000 Federal funding request: $3,000,000 One road connects the City of Kodiak to the state airport, the U.S. Coast Guard Support Center and neighborhoods located roughly south of town. This stretch of roadway between the city limits and the Coast Guard Base is approximately five miles of dark, two lane winding roadway with an average speed limit of 45 miles per hour. The lack of highway lighting is a significant safety concern along this section of heavily traveled road. Kodiak Island Borough Resolution No. FY2010 -15 Page 2 of 3 27 6. New Long Term Care Facility — Planning and Design Total estimated cost for the project: $1,500,000 Federal funding request: $1,365,000 Kodiak Island's only long term care facility is in need of replacement. The "Care Center" is housed in a former hospital wing that was never meant to be a nursing home. The facility is presenting space, safety, security, and privacy concerns in an institutional environment. A new nursing home, modeled after the Green House® concept, which feels more like a home than an institution is the preferred replacement. Planning and pre - development activities are necessary to determine the needs and financial feasibility of a new facility. 28 29 30 Section 2. The Kodiak Island Borough administration is hereby instructed to advise 31 Congress and the appropriate agencies of the United States Federal 32 Government of the Capital Improvement Project Priority List adopted by the 33 Kodiak Island Borough Assembly. 34 35 36 37 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 38 THIS DAY OF NOVEMBER 2009 39 40 41 KODIAK ISLAND BOROUGH 42 43 44 45 Jerome M. Selby, Borough Mayor 46 47 ATTEST: 48 49 50 51 Nova M. Javier, MMC, Borough Clerk 52 Kodiak Island Borough Resolution No. FY2010 -15 Page 3 of 3 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. SUMMARY: This resolution was requested by Mayor Selby which resolves the following: • The Kodiak Island Borough urges that the NPFMC should set policy to preserve present participation of coastal fishing communities by regulating inshore and offshore floater processors as they are now regulated. • That the Kodiak Island Borough endorses the no mothership processing option in the Central GOA for all federal groundfish species and a 1% cod cap in Western GOA. • That the Kodiak Island Borough endorses the provision for a stationary floating processer to operate in up to three geographically locations inside city municipal boundaries for the CQE communities listed in the motion with an annual quota cap per processor on total volume processed. • That any change of allocation away from inshore processing to be subjected to extensive analysis of economic impact to the onshore communities prior to adoption to assure that there is no negative impact to coastal communities. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA ,�� rxf.,, i�!LT . RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -16. Form Ver. 06/30/2009 NED ITEM NO: 13.C.4 1 Introduced by: Mayor Selby 2 Requested by: Mayor Selby 3 Introduced ced on: Mayor 11/05 2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY 2010 -16 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 URGING THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL TO RETAIN 11 THE INTENT OF THE CURRENT INSHORE /OFFSHORE REGULATIONS 12 IN THE GULF OF ALASKA QUOTA ALLOCATION DECISIONS 13 14 WHEREAS, the North Pacific Fishery Management Council (NPFMC) is considering allocating 15 Pacific cod quotas in the Western and Central Gulf of Alaska (GOA) amongst gear types; and 16 17 WHEREAS, the NPFMC is considering allowing mobile offshore processors options that will 18 supersede the current inshore /offshore processing sector coastal community protections, 19 effectively undoing the present inshore /offshore regulations; and 20 21 WHEREAS, motherships are mobile offshore vessels that catch and process their own catch 22 as well as receive deliveries from catcher vessels and process this catch at sea; and 23 24 WHEREAS, there has been no mobile mothership processing of Federal groundfish harvests 25 in the Central GOA and limited mobile mothership processing in the Western GOA since 2000; 26 and 27 28 WHEREAS, allowing increased mobile mothership processing activity in the GOA groundfish 29 fisheries would create alternative fishery markets, but would not represent historical mothership 30 activity or consider coastal community dependence; and 31 32 WHEREAS, Kodiak is a processing hub with multiple processors that process fishery 33 resources year round. Year round processing jobs are possible because of the large volume of 34 fish delivered into the Port of Kodiak. These processing workers are residents of and contributors 35 to the overall Kodiak economy; and 36 37 WHEREAS, the community of Kodiak depends on deliveries of multispecies groundfish 38 including Flatfish and Pacific cod to maintain our year round residential processor work force; 39 and 40 41 WHEREAS, sufficient inshore processing markets currently exist and can increase or improve 42 under the present inshore /offshore rules by adding or improving shorebased processors and 43 stationary mothership floating processors that operate in a single geographical location; and 44 45 WHEREAS, setting public policy that encourages increased mobile offshore processing will 46 create unfair competition for catcher vessel harvests with more efficient and cost effective 47 processing platforms across the GOA that could erode Kodiak's and other GOA Coastal 48 communities groundfish landings; and 49 50 WHEREAS, certain trawl catcher- processors operating in the rationalized groundfish harvests 51 in the BSAI Amendment 80 fisheries have already received great benefits from the NPFMC Kodiak Island Borough Resolution No. FY2010 -16 Page 1 of 3 52 allowing those vessels to form extremely efficient harvesting cooperatives which will allow the 53 vessels with excess capacity to unfairly take processing opportunities from the groundfish 54 dependent processors operating in Kodiak and other GOA coastal communities; and 55 56 WHEREAS, certain long -line catcher processors operating within the much larger BSAI cod 57 fisheries have an allocation of Pacific cod and are seeking legislative protection to allow them 58 individual catch shares for cooperative harvesting and will utilize any excess capacity to unfairly 59 take processing opportunities from the groundfish dependent processors operating in Kodiak and 60 other GOA coastal communities; and 61 62 WHEREAS, Kodiak processing plants employ 1,158 employees with a combined payroll of 63 over $54 million annually; and 64 65 WHEREAS, Kodiak processing plants, harvesters, and support businesses help generate raw 66 fish taxes, severance taxes, sales taxes, and property taxes that support both the City of Kodiak 67 and the Kodiak Island Borough community infrastructures; and 68 69 WHEREAS, the City of Kodiak infrastructure has been built to support the Kodiak harvesting 70 and processing sectors including water, sewage, electricity, transportation, boat harbors, and the 71 large vessel boat lift. These services depend on user fees to cover infrastructure costs; and 72 73 WHEREAS, those sectors of the Kodiak economy not directly engaged in fishing consist 74 largely of support services for those involved directly or indirectly in the fishing industry; and 75 76 WHEREAS, regulatory changes that result in fish currently being processed in dependent 77 coastal communities moving to mobile offshore processors will erode community stability and 78 cause the loss of revenue and jobs to Alaskans and their communities, and cause irreparable 79 economic damage; and 80 81 WHEREAS, the NPFMC alternative to allow increased mobile offshore processors within 82 certain geographic boundaries is flawed because the revenues associated with mothership 83 processing activity within a community boundary may not be comparable to revenues associated 84 with shoreside processing activity in another community and is a direct re- allocation of the limited 85 fishery resource across coastal communities; and 86 87 WHEREAS, some CQE communities may benefit from limited operations of stationary floating 88 processors that purchase groundfish from limited locations within the municipal boundaries of 89 said CQE communities so long as their mobility is limited and they comply with all regulations 90 that cover shore -based processors operating in the coastal communities of the Gulf of Alaska; 91 and 92 93 NOW, THEREFORE, BE IT RESOLVED BY the Kodiak Island Borough that the NPFMC should 94 set policy to preserve present participation of coastal fishing communities by regulating inshore 95 and offshore floater processors as they are now regulated. 96 97 BE IT FURTHER RESOLVED THAT the Kodiak Island Borough endorses the no mothership 98 processing option in the Central GOA and Western GOA for all federal groundfish species. 99 100 BE IT FURTHER RESOLVED THAT the Kodiak Island Borough endorses the provision for a 101 stationary floating processor to operate in up to three geographical locations but cannot operate 102 as a catcher processor in the same calendar year. These stationary floating processors should Kodiak Island Borough Resolution No. FY2010 -16 Page 2 of 3 103 be required to operate inside city municipal boundaries for the CQE communities listed in the 104 motion with an annual quota cap on total volume processed applied. 105 106 BE IT FURTHER RESOLVED THAT any change of allocation away from inshore processing 107 should be subjected to extensive analysis of economic impact to coastal communities prior to 108 adoption to assure that there is no negative impact to coastal communities. 109 110 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 111 THIS DAY OF 2009 112 113 KODIAK ISLAND BOROUGH 114 115 116 117 Jerome M. Selby, Borough Mayor 118 119 ATTEST: 120 121 122 123 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -16 Page 3 of 3 TITLE: Resolution No. 2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School SUMMARY: This resolution provides approval for the submission of an application to the Alaska Energy Authority Renewable Energy Fund Grant Program, Round III. This grant program is a competitive program for the purpose of recommending grants for renewable energy projects to be funded by the Alaska State Legislature. The intent in applying for this grant is to obtain funding to explore the feasibility of employing alternative energy use in the Kodiak High School within the high school renovation and expansion project approved by voters in the October 6, 2009 election. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -17. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING d ITEM NO: 13.C.5 1 Introduced by: Manager Gifford 2 Requested by: KIB Assembly Drafted by: Grant Writer, 3 Christiansen 4 Introduced on: 11/05/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -17 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 11 THE SUBMISSION OF A GRANT APPLICATION TO THE ALASKA ENERGY AUTHORITY 12 RENEWABLE ENERGY FUND GRANT RECOMMENDATION PROGRAM, ROUND III FOR A 13 RESOURCE ASSESSMENT AND FEASIBILITY STUDY FOR THE USE OF RENEWABLE 14 ENERGY RESOURCES IN THE KODIAK HIGH SCHOOL 15 16 WHEREAS, On October 6 2009 voter's authorized the Kodiak Island Borough to issue 17 general obligation bonds to finance the renovation and expansion of the Kodiak High School, and 18 19 WHEREAS, staff is moving forward with the planning phase of the renovation and expansion 20 project, and 21 22 WHEREAS, it is in the best interest of the community to explore the feasibility of employing 23 alternative energy use in the high school as part of the renovation and expansion project in order 24 to reduce the cost of energy which will provide long -term savings to tax payers and reduce the 25 harmful effects of energy use on the environment, and 26 27 WHEREAS, the Alaska Energy Authority has announced the Renewable Energy Fund Grant 28 Recommendation Program Round III which includes funding for reconnaissance and feasibility 29 studies for use of renewable resources. 30 31 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 32 BOROUGH that an application be submitted to the Alaska Energy Authority Renewable Energy 33 Fund Grant Recommendation Program, Round III for resource assessment and feasibility 34 analyses of the potential use of the renewable energy resources in the Kodiak High School. 35 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 36 THIS DAY OF NOVEMBER 2009 37 38 KODIAK ISLAND BOROUGH 39 40 41 42 Jerome M. Selby, Borough Mayor 43 44 ATTEST: 45 46 47 48 Nova M. Javier, MMC, Borough Clerk Kodiak Island Borough Resolution No. FY2010 -17 Page 1 of 1 1 CORRECTED VERSION Introduced by: Manager Gifford Requested by: KIB Assembly 2 Drafted by: Grant Writer, 3 Christiansen 4 Introduced on: 11/05/2009 5 Adopted on: 6 7 KODIAK ISLAND BOROUGH 8 RESOLUTION NO. FY 2010 -17 9 10 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH AUTHORIZING 11 THE SUBMISSION OF A GRANT APPLICATION TO THE ALASKA ENERGY AUTHORITY 12 RENEWABLE ENERGY FUND GRANT RECOMMENDATION. PROGRAM, ROUND III FOR A 13 RESOURCE ASSESSMENT AND FEASIBILITY STUDY FOR THE USE OF RENEWABLE 14 ENERGY RESOURCES IN THE KODIAK HIGH SCHOOL 15 16 WHEREAS, On October 6 2009 voter's authorized the Kodiak Island Borough to issue 17 general obligation bonds to finance the renovation and expansion of the Kodiak High School, and 18 19 WHEREAS, staff is moving forward with the planning phase of the renovation and expansion 20 project, and 21 22 WHEREAS, it is in the best interest of the community to explore the feasibility of employing 23 altemative energy use in the high school as part of the renovation and expansion project in order 24 to reduce the cost of energy which will provide Tong -term savings to tax payers and reduce the 25 harmful effects of energy use on the environment, and 26 27 WHEREAS, the Alaska Energy Authority has announced the Renewable Energy Fund Grant 28 Recommendation Program Round 111 which includes funding for reconnaissance and feasibility 29 studies for use of renewable resources, and 30 31 WHEREAS, the Kodiak Island Borough will provide matching funds toward this project 32 in the form of in -kind contribution within the project budget. 33 34 NOW, THEREFORE BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND 35 BOROUGH that an application be submitted to the Alaska Energy Authority Renewable Energy 36 Fund Grant Recommendation Program, Round III for resource assessment and feasibility 37 analyses of the potential use of the renewable energy resources in the Kodiak High School. 38 BE IT FURTHER RESOLVED that the Borough Manager is authorized to negotiate and 39 execute any and all documents required for granting and managing funds on behalf of the 40 Kodiak Island Borough. 41 42 43 44 Kodiak Island Borough Resolution No. FY2010 -17 Page 1 of 2 TITLE: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING ITEM NO: 13.C.(, Resolution No. FY2010 -19 Supporting the Alaska Coastal Communities Global Climate Change Compact. SUMMARY: Theresa Peterson from the Alaska Marine Conservation Council requested this Resolution which supports the Alaska Coastal Communities Global Climate Change Compact. Other communities that have official signed this compact include Homer, Sitka, Petersburg, Dillingham, Gustavus, and the Kenai Peninsula Borough. FISCAL NOTES: Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 p rv P�� �� °tom day i 0 AcM q 4` U/' c RECOMMENDED MOTION: Move to adopt Resolution No. FY2010 -19. 1 Introduced by: KIB Assembly 2 Requested by: Theresa Peterson 3 Drafted by: Theresa Peterson Introduced on: 11/05/2009 4 Adopted on: 5 6 KODIAK ISLAND BOROUGH 7 RESOLUTION NO. FY2010 -19 8 9 A RESOLUTION OF THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 10 SUPPORTING THE ALASKA COASTAL COMMUNITIES 11 GLOBAL CLIMATE CHANGE COMPACT 12 13 WHEREAS, people from Alaska coastal communities, came together for the Alaska Coastal 14 Gathering held in Homer, Alaska February 24-26, 2009; and 15 16 WHEREAS, participants of the Alaska Coastal Gathering received presentations from 17 scientists and experts regarding the causes and effects of global climate change and ocean 18 acidification, including recommendations of the Intergovernmental Panel on Climate Change 19 regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of 20 climate change; and 21 22 WHEREAS, participants of the Alaska Coastal Gathering received presentations from experts 23 regarding the potential for development of renewable energy in Alaska such as wind, solar, 24 geothermal, hydro, and ocean energy generation; and 25 26 WHEREAS, participants of the Alaska Coastal Gathering received presentations regarding the 27 economic opportunities associated with the transition from "business as usual" to a sustainable 28 economy; and 29 30 WHEREAS, participants of the Alaska Coastal Gathering received a presentation from 31 congressional staff regarding the political landscape and pending legislation in Congress that 32 could assist Alaska communities in reducing greenhouse gas emissions, saving money, and 33 developing sustainable economies; and 34 35 WHEREAS, presenters and participants of the Alaska Coastal Gathering discussed in detail 36 the causes and effects of global climate change, ocean acidification, the recommendations of the 37 Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state 38 and federal legislation, and the uniqueness of people living in Alaska coastal communities whose 39 way of life and economy depend on a healthy ocean; and 40 41 WHEREAS, participants of the Alaska Coastal Gathering developed statements, positions, and 42 recommendations by consensus to form the content of the Alaska Coastal Communities Global 43 Climate Change Compact; and 44 45 WHEREAS, the local governments of Homer, Sitka, Petersburg, Dillingham, Gustavus and the 46 Kenai Peninsula Borough have officially signed the Alaska Coastal Communities Global Climate 47 Change Compact; 48 49 NOW, THEREFORE BE IT RESOLVED THAT THE ASSEMBLY OF THE KODIAK ISLAND 50 BOROUGH fully supports the Alaska Coastal Communities Climate Change Compact and 51 hereby adds its name as a signatory to the Compact. Kodiak Island Borough Resolution No. FY2010 -19 Page 1 of 2 52 53 ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH 54 THIS DAY OF 2009 55 56 KODIAK ISLAND BOROUGH 57 58 59 60 Jerome M. Selby, Borough Mayor 61 62 ATTEST: 63 64 65 66 Nova M. Javier, MMC, Borough Clerk 67 Kodiak Island Borough Resolution No. FY2010 -19 Page 2of2 ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT Alaska has more miles of coastline than all the rest of the United States. The vast majority of our state's residents call our coastal communities home. These communities generate billions in economic activity. From Metlakatla to Kaktovik, people have lived along Alaska's vast coast for thousands of years and depended on rich biologi- cal ocean resources for survival. Today, the cultural identity and survival of Alaska's coastal communities still depend on the ocean resources that support commercial fishing, tourism, recreation and subsistence. We, the u ned kan local and regional governments and elected officials, express our deep concern e change and ocean acidification and issue a call to policymakers to take catastrophic impacts from greenhouse gas emissions. We recognize the 2. Ocean acidification is caused by increased carbon dioxide concentrations from the burning of fossil fuels and is accelerating. The daily uptake of over 22 million tons of carbon dioxide into the ocean is causing ocean acidification and threatens many forms of marine life by decreasing the ability of certain organisms to build their shells and skeletal structures. Ocean acidification has the potential, within decades, to severely affect marine organisms, food webs, biodiversity and fisheries. 3. Global climate change and ocean acidification threaten communities in Alaska. Because high latitude regions of the earth are particularly vulnerable to the impacts of global climate change, Alaska has been described as `ground zero" for climate change. Coastal erosion, thawing permafrost, and spruce bark beetle infestations are evidence of climate change in Alaska. In addition, ocean acidification threatens the fisheries that provide food, jobs, and cultural identity to many Alaskans, particularly in coastal communities. 4. Alaskan coastal communities are important to the nation, and Alaska can play a role in addressing climate change and ocean acidification. Alaska produces more than half of the seafood caught in the United States. Alaska also has potential to mitigate climate change and ocean acidification, through development and export of renewable energy technologies that can be used throughout the developing world. 5. There are compelling economic arguments to act now. Positive economic development and diversification of Alaska's economy will be associated with addressing climate change in the state. Furthermore, the economic costs of inaction will be far greater than the costs associated with immediate action to reduce greenhouse gas emissions in line with IPCC recommendations. Page 1 6. The United States has an obligation to take a leadership role in addressing global climate change. With only 5 percent of the world's population, the United States produces approximately 25 percent of the world's annual greenhouse gas emissions. 7. For the well -being of current and future generations, immediate action must be taken at all levels of government and throughout society to address global climate change and ocean acidification. Given the seriousness of these problems, policies and programs to reduce greenhouse gas emissions must constitute a priority when allocating government resources. We hereby express support for the following policies, actions and initiatives: 1. At the national level, immediately enact climate legislation that will reduce greenhouse gas emissions to meet or exceed the goals recommended by the IPCC; e.g., 80 percent reduction from 2000 levels by 2050. 2. Reengage at the national level in the international process of dealing effectively with global climate change. 3. At the national and state levels, enact legislation and fund initiatives that will dramatically increase energy efficiency and the production of renewable energy. 4. Utilize a significant portion of the proceeds from national cap- and -trade legislation, carbon tax, or other sources to fund initiatives in Alaska that will: • develop renewable energy resources • improve energy efficiency in buildings, transportation, etc., in all sectors of the economy • increase public knowledge of issues related to greenhouse gas emissions • create a skilled workforce for a new clean - energy economy • help vulnerable communities adapt to unavoidable climate - related impacts • protect or rebuild infrastructure that is threatened by climate impacts • enhance research in the area of ocean acidification • enhance research in the areas of energy efficiency and renewable energy. We further express our commitment to: 1. network with other Alaskan coastal communities on the issues of climate change and ocean acidification; 2. encourage actions within our own communities to mitigate climate change and ocean acidification and adapt to unavoidable changes; 3. make wise and effective use of resources provided by the state and federal governments for such actions; and 4. support community efforts to educate the public on these issues. Signatories: City and Borough of Sitka City of Homer City of Petersburg City of Dillingham City of Gustavus Kenai Peninsula Borough Alaska Coastal Communities Global Climate Change Compact, page 2 A RESOLUTION OF THE CITY OF ALASKA SUPPORTING THE ALASKA COASTAL COMMUNITIES GLOBAL CLIMATE CHANGE COMPACT. Whereas people from Alaska coastal communities, came together for the Alaska Coastal Gathering held in Homer, Alaska February 24 -26, 2009; and Whereas participants of the Alaska Coastal Gathering received presentations from scientists and experts regarding the causes and effects of global climate change and ocean acidification, including recommendations of the Intergovernmental Panel on Climate Change regarding the need to reduce greenhouse gas emissions to prevent catastrophic impacts of climate change; and Whereas participants of the Alaska Coastal Gathering received presentations from experts regarding the potential for development of renewable energy in Alaska such as wind, solar, geothermal, hydro, and ocean energy generation; and Whereas participants of the Alaska Coastal Gathering received presentations regarding the economic opportunities associated with the transition from "business as usual" to a sustainable economy; and Whereas participants of the Alaska Coastal Gathering received a presentation from congressional staff regarding the political landscape and pending legislation in Congress that could assist Alaska communities in reducing greenhouse gas emissions, saving money, and developing sustainable economies; and Whereas presenters and participants of the Alaska Coastal Gathering discussed in detail the causes and effects of global climate change, ocean acidification, the recommendations of the Intergovernmental Panel on Climate Change, renewable energy and economic opportunity, state and federal legislation, and the uniqueness of people living in Alaska coastal communities whose way of life and economy depend on a healthy ocean; and Whereas participants of the Alaska Coastal Gathering developed statements, positions, and recommendations by consensus to form the content of the Alaska Coastal Communities Global Climate Change Compact; and Whereas the local governments of Homer, Sitka, Petersburg, Dillingham, Gustavus and the Kenai Peninsula Borough have officially signed the Alaska Coastal Communities Global Climate Change Compact; NOW THEREFORE IT BE RESOLVED that the City of Alaska fully supports the Alaska Coastal Communities Global Climate Change Compact and hereby adds its name as a signatory to the Compact. TITLE: SUMMARY: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING Recommended motions are on the next page. ITEM NO: 13.E.1 BOARD OF ADJUSTMENT HEARING - Case No. 09 -022. Requesting a Variance, According to KIBC 17.70.050.0 and 17.195 (Variance), to Allow an Existing 24 by 24 Foot Two -Story Single - Family Dwelling to Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback; and to Allow a Proposed 18 by 20 Foot Residential Addition and a 22 by 26 Foot Garage Addition to the Main Dwelling Which Will Similarly Encroach 10.02 Feet Into the Required 20 Foot Rear Yard Setback Required in the RR1 -Rural Residential One Zoning District (Appellant: Stephen Schrof). 17.225.070 Appeal hearing. D. The board of adjustment shall decide the appeal upon the appeal record, the written and oral argument, and the testimony and evidence presented on the appeal. The board of adjustment may exercise its independent judgment on the legal and factual issues raised by the appellant. 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. The board of adjustment may make its own findings on factual issues, based upon the evidence in the record. B. Every decision of the board of adjustment to affirm or reverse an action of the commission shall be based upon findings and conclusions adopted by the board of adjustment. Such findings must be reasonably specific so as to provide the community and, where appropriate, reviewing authorities, a clear and precise understanding of the reason for the decision. Twenty -nine appeal hearing notices were mailed. Notices returned will be attached to the meeting guidelines. KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING RECOMMENDED MOTION: Move to affirm (in whole or in part) the Planning and Zoning Commission's decision on Case No. 09 -022 DENYING a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. Appellant: Stephen Schrof. Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. Or Recommended motion: Move to reverse (in whole or in part) the Planning and Zoning Commission's decision on Case No. 09 -022 DENYING a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. Appellant: Stephen Schrof. Note: If the Board of Adjustment fails to reverse, the decision is affirmed. Form Ver. 06/30/2009 Kodiak Island Borough Office of the Borough Clerk 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9310 Fax (907) 486 -9391 nj avierga,kodiakak.us NOTICE OF APPEAL HEARING This notice is being sent to you because our records indicate that you are entitled to notice of the original commission proceeding regarding Case No. 09 -022. An Appeal of the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. Appellant: Stephen Schrof. The Kodiak Island Borough Planning and Zoning Commission, at its meeting on September 16, 2009, adopted Findings of Fact in support of its decision to deny a variance as referenced in the above case. This case is going to be heard before the Kodiak Island Borough Board of Adjustment on Thursday. November 5.2009, at 7:30 p.m. in the Borough Assembly Chambers, 710 Mill Bay Road, Kodiak, Alaska. Written argument supporting or opposing the appeal may be submitted by email to njavier @kodiakak.us, faxed at 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday. November 5. 2009. All written comments submitted on this appeal shall become part of the appeal record. Per KIBC 17.225.070(B) At the hearing before the assembly, only persons who have submitted written argument on the appeal or testified before the commission, or submitted written comments to the commission, may present oral argument. The following may present oral argument before the board: persons who have submitted written argument on this appeal, or submitted timely written comments to the commission, or testified before the commission. A copy of the appeal record is available for public inspection in the Borough Clerk's Office. Any person may obtain a copy upon payment of the appropriate fee, and any party to an appeal may request verbatim transcript of the proceedings before the commission by filing a request accompanied by a cash deposit. Per KIBC 17.225.050(C) The appeal record shall be completed within 10 working days of filing of appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission's written decision, and any written documents considered by the commission. Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefore, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript, the person requesting it shall pay the actual cost thereof or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record. Per KIBC 17.225.050(E) A copy of the appeal record shall be available for public inspection at the clerk's office. Any person may obtain a copy of the record upon payment of the appropriate fee. For any questions regarding this appeal, please call the Borough Clerk's Office at 486 -9310. Attached are the following: Appeal Hearing Form Appellants' Notice of Appeal APPEAL HEARING FORM An Appeal of the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. Appellant: Stephen Schrof. ❑ This written argument is in support of the appeal. ❑ This written argument is in opposition of the appeal. Name: Residence Address: Mailing Address: Comments: Written argument supporting or opposing the appeal may be submitted by email to niavier kodiakak.us, faxed at 907 -486 -9391, mailed or hand delivered to the Borough Clerk's Office, 710 Mill Bay Road, Room 101, Kodiak, AK 99615 prior to 5 p.m. on Thursday, November 5, 2009. All written comments submitted on this appeal shall become part of the appeal record. APPEAL TO THE BOARD OF ADJUSTMENT APPELLANT: STEPHAN SCHROF CURRENT LOCATION: 1943 THREE SISTERS WAY REFERENCE : P & Z CASE #09 -022 An Appeal of the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. Legend 8 Notification Area Subject Parcel 0 235 470 Feet 1 1 1 N Map prepared for the purpose of showing the General locator of the Kodiak Urban area June, 2005 Alaska titghway System. GPS centenme data. National Mghway System. I6ghways. Roads. Streets, Alaska D.0 T Sept. 2002 Contour mformabon_USGS Dgtat Elevatan Model Kodrek, Alaska 50 foot intervals, Scale re 1.63.360 Created al ArcGIS 9, NAD 27. State Piave 5 Parcel information is taken from selected fields the current 04 tented property records the Assessing Dept The data has not been reconoled wet data conlened n manual hies which may be more up-to -date. Kodwk ISIxM Borough Comrendy Development Department. RICHARD & SANDRA THUMMEL PO BOX 8528 KODIAK, AK 99615 NANCY HILLSTRAND P.O. BOX 7 HOMER, AK 99603 MARK ST. DENNY PO BOX 388 KODIAK, AK 99615 THOMAS THISSEN 316 MILL BAY RD KODIAK, AK 99615 THOMAS SOLENBERGER S & Y REVOC TRUST CIO PO BOX 29 BARROW, AK 99723 CHARLES & THERESA PETERSON 1850 THREE SISTERS WAY KODIAK, AK 99615 ANDREW DEVRIES PO BOX 3513 KODIAK, AK 99615 NEIL MOOMEY PO BOX 621 KODIAK, AK 99615 MARK WHITE PO BOX 391 PELHAM, AL 35124 MARK WHITE PO BOX 391 PELHAM, AL 35124 BRUCE & CHERYL MCNEIL 2147 THREE SISTERS WAY KODIAK, AK 99615 MICHAEL & PAMELA MURRAY 2182 THREE SISTERS WAY KODIAK, AK 99615 DARLENE TURNER 2046 THREE SISTERS WAY KODIAK, AK 99615 FORREST GOULD P.O. BOX 1214 KODIAK, AK 99615 LLEWELLY & FRED O'HEARN PO BOX 88 KODIAK, AK 99615 LUDGER & STEFANIE DOCHTERMANN POBOX714 KODIAK, AK 99615 MICKI MUMMERT P.O. BOX 1906 KODIAK, AK 99615 GLENN & PAMELA YNGVE PO BOX 9018 KODIAK, AK 99615 RANDALL & JODY SPIVEY 1709 THREE SISTERS WAY KODIAK, AK 99615 MARY RELYEA P 0 BOX 2672 KODIAK, AK 99615 JOHN & JUDY DOWELL 2156 MONASHKA WAY KODIAK, AK 99615 RONALD JACKSON MARY ELAINE DOUBT 1010 STELLAR WAY KODIAK, AK 99615 ANDREW & ELIZABETH DANO 2139 FOREST DR KODIAK, AK 99615 CORINNE FERRE 1962 THREE SISTERS WAY KODIAK, AK 99615 STEPHEN SCHROF ETAL CARRIE WORTON 1943 THREE SISTERS WAY KODIAK, AK 99615 DAVID & JOLENE ALLEN PO BOX 8976 KODIAK, AK 99615 MARK GONSTEAD 1855 THREE SISTERS WAY KODIAK, AK 99615 ROBERT FOY PO BOX 1921 KODIAK, AK 99615 LAWRENCE & NADENE ELLSWORTH PO BOX 751 KODIAK, AK 99615 b151)\ 05-64 (V,\010Neavi V01045 DATE: September 17, 2009 TO: Kodiak Island Borough Assembly, Board of Adjus FROM: Stephen Schrof, Applicant 1943 Three Sisters Way, Kodiak, AK 99615 wk: 486 -1852, hm: 486 -1927 E -mail: carriew @gci.net Et SUBJECT: Appeal to the Board of Adjustments, Case Number 09 -022 Dear Kodiak Borough Assembly Members, My grounds for appeal are as follows: SEP 2 3 2009 I am applying for an appeal of case number 09 -022 where a decision was made recently by the Planning and Zoning Commission (PZC) to deny a variance request for my property located at 1943 Three Sisters Way. This denial was based on Kodiak Island Borough Code (KIBC) 17.66.05 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. In a written memorandum, the findings of fact dated 8/31/09 from the PZC indicated that the commission based its denial of my variance request on KIBC 17.150.30 B: Equipment- Outdoor Storage and Minor Structural Development Projections. Commissioner Janz stated "the granting of the variance would result in prejudice to other properties in the vicinity, as reflected in the applicant's practice of storing equipment on the adjacent lot without permission of the landowner." 1) The granting of the variance does not, in fact, result in prejudice to other properties in the vicinity based on the storing of equipment on the adjacent lot located at 1893 Three Sisters Way because there is, nor has there ever been, any personal property of any kind or matter stored in this area belonging to me, landowner of 1943 Three Sisters Way. The PZC based its denial of the variance solely on `hearsay' originating from statements made by the landowner of the adjacent lot (my neighbor) to a P &Z commissioner, with no physical proof whatsoever that I was in violation of KIBC 17.150.30 B. Evidence to the contrary was presented to the PZC in the form of photographs showing the property and the location of the house on the property. The photos clearly showed the absence of any equipment or materials stored on the adjacent property. This evidence was disregarded by the specific commissioner in question. Furthermore, there is no historical evidence that a violation of KIBC 17.150.30 B has ever even occurred since a record of complaint to the KIB has never been filed in the 11 years that I have been living at this residence. In fact, the landowner did not even know where the property line was located prior to being notified of our application for a variance as stated in her letter of 8/19/09 to the KIB "the property lines are approximate ". Without knowledge of where the property lines were located, it would have been categorically impossible for her to determine whether or not equipment was being stored illegally on her property. I showed her the property markers and specific property line on or about August 9, 2009 and communicated our intentions, and only after that interaction was she aware of her actual property boundaries. 2) Prejudice (injury or damage) to the adjacent landowner has not, in fact, been substantiated by the landowner or anyone else; a violation of KIBC 17.150.30 B has not been committed. A variance which allows for construction on our property that would be 10 feet away from the property line in no way prejudices the adjacent landowner as the building will not even come close to encroaching upon her property. Note that when the house was built, 10 feet was the setback and the original house is grandfathered in. 3) There is nothing stated in KIB code that a violation of KIBC 17.150.30 B would cause or result in the denial of a variance (17.66.050). These are two completely separate issues and codes under borough law, and are therefore mutually exclusive and irrelevant to this case. Even if there was a violation of KIBC 17.150.30 B (which there is not and has not been), that is not grounds for denial of a variance. 4) After an investigation was made by the KIB Community Development Department under KIB code (CDD; CDD memo dated July 30, 2009), a recommendation was made for the approval of the application for variance, finding no violation of borough code KIBC 17.150.30B, and ultimately, no legal reason or justification to deny the variance as presented in their memorandum of 7/30/09 to the PZC. 5) The PZC did not base its decision of my application for a variance on the technical and factual merits of this case, and based on KIBC 17.66.050, my application satisfies all six of the conditions for approval of a variance. My current house (structure) was grandfathered into the setback of 10 feet from the property line. After an investigation by the KIB CDD was made in this variance request, the CDD determined that my current residence that is in the setback is considered a side yard (under KIBC 17.70.050 -B Yards). This side yard designation requires a 15 -foot setback, instead of a 20 -foot setback. Therefore, any addition to my house would require a setback of 15 feet, and a variance of 5 feet based on borough findings. Regardless of the reduced encroachment into the setback from 10 feet to only 5 feet, my request for a variance should have been granted based on the facts and borough codes, not hearsay. In conclusion, I am requesting that the decision of the PZC to deny my variance request for my property at 1943 Three Sisters Way be overturned by the KIB Assembly. Re • Pep : t ly submitt d, to n Schro Property Line of side yard at 1943 Three Sisters Way, looking west towards Devils Prong Road, 9/20/09 Property Line of side yard at 1943 Three Sisters Way, looking east towards Three Sisters Way, 9/20/09 View of 1893 Three Sisters from 1943 Three Sisters, Photo submitted to the Planning and Zoning Commission with application for a variance, July, 2009 View of 1943 Three Sisters Way to the west showing other utility pole which is the other property marker, Crawford shop. Notice heavy brush and no equipment storage, 9/20/09 Utility pole and Crawford shop; other property at 1893 Three marker to the Sisters Way west. 1893 Three Sisters Way property at the property line, notice no equipment storage and thick brush, 9/20/09 View of 1893 Three Sisters Way from 1943 Three Sisters Way, 9/20/09, Crawford house behind brush. Kodiak Island Borough i10 Mill Bay Rd Kodiak. AK 93615 9/23/2069 Receipt Number: 1000014 14:41:36 Received By . : FICASH Received Frae: SiEVL SLHRUF 1943ThreeSis Variance Fees 3:0,00 STEVI SCHRUF 1943Threebisters ______________ -- Receipt Total 350.00 Amount rendered : 350.00 Chance Pa yeent Received: Check : 30.00 A) Case 09 -022. Adopt Findings of Fact in support of the commission's decision to deny a variance to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a propose 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. The location is 1943 Three Sisters Way, and the zoning is RR1 -Rural Residential One. Cassidy gave a brief staff report and stated tonight you will adopt Findings of Fact. COMMISSIONER TORRES MOVED to adopt the findings contained in the memorandum dated August 31, 2009 as "Findings of Fact" in support of the denial of variances in Case 09 -022. Brief discussion. 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 property is slope affected such that it has an average slope of about 28%. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required oulerxiae ohiront zoning. . — 1 Air 4. 'the petitioner wishes to make use of the best developable area on the lot which happens to be loc°azed near to the side (rear) lot line for Lot 1. 17.66.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing.. residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 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. Based on the applicable provisions of KIBC 17.150.30.B, (Equipment- Outdoor Storage and Minor Structural Development Projections) the granting of the variances would result in prejudice to other properties in the vicinity, as reflected in the applicants practice of storing equipment on the adjacent lot without the permission of the landowner, as stated in the testimony of the landowner of Mountain View 2n Block 4, Lot 2. The burden of enforcing the previously stated code compliance would then fall upon the adjacent neighbor (Mountain View 2 Block 4, Lot 2) through the KIB enforcement policy which is complaint based. To prevent this historical disallowed use, it would be in order for the applicant to bring the property use into compliance P&Z Minutes Page 4 of 6 prior to the granting of said variance. 17.66.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 17.66.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. 17.66.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. In response to KING'S inquiry, Cassidy stated current staff is saying it's the rear lot line. ROLL CALL VOTE ON MOTION CARRIED 5 -0. C NESS MUNICATIONS A) Res B) Courte C) Notice of D) Letter of Cou E) Notice of Violati Cassidy gave a brief staff r .rt on Communications. COMMISSIONER WATKINS OVED to accept communications as esented. VOICE VOTE ON MOTION CA ' ED 5 -0. REPORTS Meeting Schedule: • October 14, 2009 work session at 7:30pm e KIB Conference Room • October 21, 2009 regular meeting at 7 Cassidy went over the meeting schedu nd let them k there is a training opportunity for commissioners November 17, 2009 ' • nchorage. COMMISSIONER TORRES 1 VED to accept reports as presen VOICE VOTE ON M • ON CARRIED 5 -0. AUDIENCE CO ENTS COMMISSI • R'S COMMENTS Brent W • ins thanked staff for everything in the packets. Ala • orres asked why the borough couldn't adopt the state standards for sewage s ms. ere have been several cases with concerns about sewage and water quality. September 16, 2009 se letter dated August 11, 2009 & Advisory Letter dated August 18, 2009 lation dated August 19, 2009 sy &Advisory dated August 20, 2009 dated August 24, 2009 P &Z Minutes m in .e Assembly Chambers Page 5 of 6 Mr. Stephen Schrof 1943 Three Sisters Way Kodiak, AK 99615 Re: Case 09 - 022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. Dear Mr.Schrof: 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 September 17, 2009 The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on August 19, 2009, denied the variance request cited above, and adopted Findings of Facts in support of the denial at their September 16, 2009 regular meeting: According to KIBC 17.195.090 — Appeals: An appeal of this decision may be initiated by; 1) the applicant, or 2) any person or party aggrieved, by filing a written notice of appeal with the Borough Clerk within ten (10) working days 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 ten (10) working days following the decision. The Commission adopted the following findings of fact in support of their decision: 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 property is slope affected such that it has an average slope of about 28 %. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all Page 1 of 3 road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required under the current zoning. The petitioner wishes to make use of the best developable area on the lot which happens to be located near to the side (rear) lot line for Lot 1. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 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. Based on the applicable provisions of KIBC 17.150.30.B, (Equipment- Outdoor Storage and Minor Structural Development Projections) the granting of the variances would result in prejudice to other properties in the vicinity, as reflected in the applicants practice of storing equipment on the adjacent lot without the permission of the landowner, as stated in the testimony of the landowner of Mountain View 2 "d , Block 4, Lot 2. The burden of enforcing the previously stated code compliance would then fall upon the adjacent neighbor (Mountain View 2', Block 4, Lot 2) through the KIB enforcement policy which is complaint based. To prevent this historical disallowed use, it would be in order for the applicant to bring the property use into compliance prior to the granting of said variance. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. Page 2 of 3 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. If you have any questions about the action of the Commission, please contact the Community Development Department at 486 -9363. Sincerely, SC Bud Cassidy, Director Community Development Department CC: Nova Javier, Borough Clerk Page 3of3 DATE: August 31, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the September 16, 2009 Regular Meeting CASE: 09 -022 APPLICANT: Stephen Schrof MEMORANDUM SUBJECT: Adoption of findings in support of the denial of a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling on Lot 1, Block 4, Mountain View 2 Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR l -Rural Residential One zoning district. LOCATION: 1943 Three Sisters Way ZONING: RR I -Rural Residential One Applicable Regulations: 17.195.050 APPROVAL OR DENIAL. Within 40 days after the tiling 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; Case 09- 022 /Findings of Fact The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable: Page 1 of 4 P & Z: September 16, 2009 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. 17.195.090 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 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. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS The above referenced variance request was denied by the Commission at the August 19, 2009 regular meeting. The adoption of findings was deferred to the September 16, 2009 regular meeting in order for the Commissioner's on the prevailing side to summarize their reasoning(s) in writing and for staff to prepare revised findings in memorandum format. KIBC 17.195.050 B (Denial) requires that the Commission find all six (6) of the required standards for variance to be met in order to grant a variance request. In this case, one or more standards were not found to be met and the request was denied. It is necessary therefore, that the Commission adopt revised findings so that the applicant (or any aggrieved party) can clearly understand the reasoning behind the decision. This understanding must be presented in writing to the petitioner and made public to any other aggrieved party so that if they choose to appeal, as further provided by code, they may do so on the basis of clear understanding of the decision. A Commissioner on the prevailing side of the decision has provided a revised finding #3 (as distinguished from the original finding #3 that was proposed by staff prior to the decision). This new finding addresses the reasoning behind the decision to deny the variance request. The revised finding has been incorporated into this memorandum for consideration by the Commission. As noted in prior cases, this review and adoption of findings is not intended to be a further review of the decision in this case, but simply an opportunity to complete the decision by the adoption of findings in support of the decision. The petitioner or an aggrieved party may then consider these findings in terms of whether to appeal or to let the decision stand. It is not essential to agree with the findings personally so long as the Commission believes they are reflective of the rationale expressed by the prevailing member(s) of the Commission for this case. Case 09- 022 /Findings of Fact Page 2 of 4 P & Z: September 16, 2009 Without the adoption of findings the decision remains incomplete and the ten (10) day appeal period does not begin. Until a complete decision is made the case is held in abeyance and it is only by adopting the findings can the petitioner (or any aggrieved party) either appeal the decision or let the appeal period run out to terminate the case. RECOMMENDATION The Commission must adopt findings that reasonable represent the thought process behind the decision as required by borough code and state law. FINDINGS OF FACT APPROPRIATE MOTION Move to adopt the findings contained in the memorandum dated August 31, 2009 as "Findings of Fact" in support of the denial of variances in Case 09 -022. 17.66.050 A.l.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 property is slope affected such that it has an average slope of about 28 %. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required under the current zoning. The petitioner wishes to make use of the best developable area on the lot which happens to be located near to the side (rear) lot line for Lot 1. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback Case 09- 022 /Findings of Fact Page 3 of 4 P & Z: September 16, 2009 around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 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. Based on the applicable provisions of KIBC 17.150.30.B, (Equipment- Outdoor Storage and Minor Structural Development Projections) the granting of the variances would result in prejudice to other properties in the vicinity, as reflected in the applicants practice of storing equipment on the adjacent lot without the permission of the landowner, as stated in the testimony of the landowner of Mountain View 2 "d , Block 4, Lot 2. The burden of enforcing the previously stated code compliance would then fall upon the adjacent neighbor (Mountain View 2' Block 4, Lot 2) through the KIB enforcement policy which is complaint based. To prevent this historical disallowed use, it would be in order for the applicant to bring the property use into compliance prior to the granting of said variance. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. Case 09- 022 /Findings of Fact Page 4 of 4 P & Z: September 16, 2009 Current Location - 1943 Three Sisters Way Agenda Item # VI C P & Z Case # 09 -022 Stephen Schrof ' equest a variance. according to K 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. N ,NP s Jgo \J \5 \O ,ap � " 11 MIN Legend Notification Area Subject Parcel 0 235 470 Feet N S Map prepared for the purpose of showing the General location of the Kodiak Urban area. June, 2005. Kaska Highway System. GPS centerline data. National Highway System. Highways, Roads. Sweets.. Alaska D.O.T. Sept. 2002 Contour intomiabon:USGS Digital Elevation Model Kodiak, Kaska. 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. KODIAK ISLAND BOROUGH - COMMUNITY DEVELOrMENT DEPARTMENT 710 Nail Bay Rd., Room 206, KODIAK, AK 99615-6398 (907) 486- 9363 - FAX (907) 486-9396 wwW.ko fits 1 Property owners name Stephen Schrof Property owners mailng address 1943 Three Sisters Way City State Zip Kodiak AK 99615 Home phone Work Phone E -mail Addr. 486-1927 539 -1871 Agent's name (If applicable) Agent's mailing address City Applicant information State Home phone Work Phone ZIP E-mail Addr. R6225040010 Property ID Number /s Mountain View 2nd Bik 41.ot 1 Property Information Legal Description RR Current Zoning: -1 2008 Applicable Comprehensive Plan: Year of Plan adoption: Present Use of Property: SFR (24' x 24' 2 story) Proposed Use of Property. L/A & garage additions *Requesting a variance to encroach 10.02 ' into the required 20' rear yard setback (Note: Use additional sheets, W needed, to provide a complete description of des prod request) Applicant Certification 1 hereby moldy as Me properly ownentuthorked agent that this application for Planning and Zoning Commission ieW w is IMO and coepNN ie *a Met of aiy knowledge and *al !t is submitted in soconlinesa WM die resolcsaterds • the applicable Kodiak hand Morargab Cosh' *hick bahrdes • d laded site plan' Nor varisno t and condlionel csa moods and which may include spllarral sappsm., decemenadien as Ind o:Nsd below. AsiNdoral Nsrradvelidatbry .. Aa -buNt Survey iL Forroiographs f- &vs _EL Other Property s Signature Authorized Agent's Signature Date A development plan for one or more kris on which is shown the existing and proposed conditions of the lot, including topography, vegetation, &li nags, Rood pisins, wetlands, and cat nveys; landscaping and open spaces; watiausys: means of ingress and egress: *wisdom utility service sdudures and buildings; signs and fighting; berme, buffers, and screening dolmas; surrounding development: and any other Information thet reasonably may be required in order that an Informed derision can be made by tine approving authority. (Source: The New tifnatreted Book at Development Definitions, 01993 by Rutgers University) STAFF USE ONLY KW 17.195 r 11363 itx>vf} Code Sections) Involved: • 6r6/6/M9 cti 9 FIt1M7 :43 WNW AirMar) t1 el Variance (KIQC 17.196) $250.00 P A I L PAID Conditional Use Permit (KIBC 17.200) requests, Other (appearptice sib plan r H o d 3 1 i. Zoning received Application O 7! 46E- 9:c:4 Sts signature F:ctt Oar Fees w d in Full *lt* Island Borouua cdiak AK t5 (997) 486-9S d4 PAYMENT VERIFICATION *Zoning C ie, Fee 3dedele: 0 Lew lass 1.73 acres MAN O 1.76 to 5.11 sera $ISS.N D 5.11l w 40.10 acres $1$N,N O 48.11 scree err mere 81,99 Date: June 25, 2009 To: Kodiak Island Borough- Community Development Department Planning & Zoning Commissioners From: Stephen Schrof and Carrie Worton 1943 Three Sisters Way Kodiak, Alaska 99615 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska We own the property at 1943 Three Sisters Way (Mountain View, 2 " Addition, Block 4, Lot 1). According to Borough records, the house was built in 1984 at its present location and has not had any additions made to the original structure. We bought the house and property in 1998 and went through the house purchasing process. The issue of the house extending into the easement and being out of compliance was not disclosed by the previous owner, nor did we know the regulations governing setbacks or easements at that time. We are submitting a request for a variance to address this encroachment into the easement. We are looking to build an addition onto the existing house because when my wife and I purchased the house in 1998, the house size was adequate for our needs. Since that time, we have had two children and our current home is no longer adequate. We have looked at purchasing a larger home, but the housing market in Kodiak is limited and current house prices would put quite a strain on our ability to meet mortgage payments above what we are currently paying. Provided are pictures of our house in relation to the lot. The first, two pictures (pictures 1 and 2) show the front of the house, and where the proposed addition would be built extending out where the pickup truck is currently parked. The next two pictures are taken of the driveway, looking from (picture 3) and looking to (picture 4) Three Sisters Way. The pictures on the second page are of our neighbors house (picture 5) looking up from our driveway, which is at least 100 feet from the property line and our house looking up from Devils Prong Road (picture 6). These pictures further show that the house is built on a hill sloped down towards Devils Prong side of the house and on the right side of the house, the property is also sloped. The most cost effective and sensible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. To summarize, we would like a variance on our property at 1943 Three Sisters Way to come into compliance with the Kodiak Island Borough (KIB) codes. The approval of this variance will not impact our neighbors and their properties or other residents of the KIB in any way and will allow us to increase the living space for our family.. Thanks for your time. Date: July 13, 2009 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska This is an addendum to the variance request we submitted on June 25, 2009. Our variance request is two fold. First, the current structure that we occupy (house) was build in 1984 within the setback. This encroachment into the setback has not been addressed as this property has changed ownership on several occasions. The first request is to seek a variance on the encroachment into the setback of our current house. The second part of the variance request is to seek variance approval to build an addition onto the existing house. The proposed addition would be built extending out in an easterly direction (see As- Built) towards Three Sisters Way. The reason for building the proposed addition in this requested location is that the land is already graded and level to build on. The western side of the house, towards Devils Prong Road, is a hill, steeply sloped down to Devils Prong. The side of the house to the north (the deck side) is also sloped but not as steep. Since, our plans are to build a garage, the property on the west and north sides of the house would not provide a realistic location for access in and out of garage due to the slope of the property. The existing driveway is already established coming in from Three Sisters Way. Also, the septic system is located on the western side of the house and property and an alternative driveway would be very difficult to put in and access from Devils Prong Road. The most cost sensible and only reasonably accessible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. Again, thanks for your time. /ttoAiL warfJN/Nto�1i_ -;s i 1 I.or 4; 5 -"c.r r n� • 7?#?EE RO•AT f. TAMMY' I./e.wd L..J l.lwle. Imb, tNe p .1 11M /Np...y. . if 101•4',4 *al do snob" a esor A «�4 •w .isM• db. in. M papa" Was tyu.. .�e.N4 dim N iepe..we.M • .Nep.. dhows et...ed .e is /lealm In peeel..... *.. don M N M.drel.. MM/nlf. • .di...I ft e.w ..M M rid pgnq new .. lei nee1 hems. Dowd �� M • LL�.� > 3 a) > . D 0 a) 0) v a) E 0 rn c 0 0 photo 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 EEL 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 .umber is 486 -3231. The toll free telephone number is 1- 800. 478 -5736. One week prior to the regular meeting, on Wednesday, August 12, 2009, 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 Nome: Mailing Addreu: Your property description: Comments: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 09-022 Stephen Schrof A variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. LOCATION: 1943 Three Sisters Way ZONING: RR I -Rural Residential One Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 19, 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: APPLICANT: REQUEST: Mr. Stephen Schrof 1943 Three Sisters Way Kodiak, AK 99615 Dear Mr. Schrof: 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 July 14, 2009 Re: Case 09 -022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR 1 -Rural Residential One zoning district. Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their August 19, 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, August 12, 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, Sheila Smith, Secretary Community Development Department Current Location 1943 Three Sisters Way Agenda Item # VI C P & Z Case # 09 -022 Stephen Schrof Request a variance, accordin. o KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single -famil dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. Legend 8 Notification Area Subject Parcel 0 235 1 1 470 Feet 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 informatlon: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. 1 1 reuse tCOLVIN _.1_. r aw INNS SSG to s eaww mama St NW Mew efaieu Page One OBDOtANCII NO. 74 -42-0 KODIAK ISLAND BOROUGH ORDINANCE NO. 74 -42 -0 AN ORDINANCE MODIFYING THE MINIMUM LOT AND YARD REQUIRE- MENTS FOR UNCLASSIFIED ZONES . BE IT ORDAINED BY THE KODIAKC ISLAND BOROUGH: Section 1. That Chapter 5, Sub - Chapter 2, Section 3 is amended by modifying subsections C. D and E to provide as follows: C. Lot Area. The minimum lot area and lot width for each one - family dwelling shall be as follows: 1. If water and sewer service are not available on request from a certificated public utility or municipal system , the minimum lot area is 40,000 quart bet and the minimum lot width shall be 120 feet. 2. If water service is available on request from a certificated public utility or municipal system, the minimum lot area is 20.000 square bet and the minimum lot width is 100 test. 3. If water service and sanitary sewer service are available on request has a certiflosted public utility or municipal system, the minimum lot area is 7.200 quirt feet and the minimum lot width is i0 feet. D. Front Yard. There shall be a fr nt yard of not Leas than 50 bet if the minimum lot area is 40.000 square bet and not less than 25 bet ter lots *[ smaller permitted minima areas. E. Sid* Yard. There shall be a side yard of not lees than 10 bet if the minimum lot area is 40.000 square bet and 1 ATTEST: z i�4i asp _-i ,.{fcC r- . Borough Clerk lots of smaller permitted lot area shall have side lots with minimum dimension not less than 10; of the permitted lot width. The minimum side yard on the street side of a corner lot shall be 25 feet. Section 2. This ordinance shall take offset on its passage and approval as required by law. PASSED AND APPROVED by the Borough Assembly of the Kodiak Island Borough this 3 day of October , 1974. Page Two ORDINANCE NO. 74 -42-0 By: C • 1,4 Chairman FIRST READING AND APPROVAL, DATE: September S 1974 SECOND READING AND PASSAGE, DATE: October 3, 1974 AN ORDINANCE RELATING TO CHANGES IN ZONING DEALING WITH UNCLASSIFIED ZONES. land and, ?sake a clearer interpretation, 4 NOW THEREFORE BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: 17:12 Title Unclassified (U) be changed to read Rural Residential (R-R). Section 2: r - ( ) All references to (U) be changed to (R -R) in the Borough Code. (b) All zoning maps with areas designated (U) be changed to (R-R). ATTEST: By 1 2 a," KODIAK ISLAND BOROUGH ORDINANCE NO. 80 -9 -0 WHEREAS, the title is confusing as to the use of the WHEREAS, area requirements are unclear in order to PASSED AND APPROVED this 3rd day of April , 1980.; KODIAK ISLAND BOROUGH By First Reading: Harch 11, 1980 Effective Date: April 3, 1980 Second Reading, Public Hearing: April 3, 1980 1 . � 0 0. 9 Y 0. d 5 v Y C a W F LL F W v 0 z z 1- n Z c. G 8 D LL 0 IZ 0 LL z 0 U J d 0 0 0 O s 1 1 o z cc < 0 O z 0 5 co PROPERTY LINE 4 0 Y 3 O 0 PROPERTY LINE a z 4 0 m 0 z 0 0 0 4 a3 HM0 0 C Y 2 0 J • 0 r 0 A 0 3 a 6 3 0 z 0 2 z Y 2 F 0 0 4133N1 13311■ M 0 2 W NOVB13S 4 2 c 2 1 a013Vm&NO3 r NOILONx3 1V031 LL a a W a 3 Y a 2 0 b J 2. 0 t7 V z z (? 0 0 PROPERTY LINE Z NOV613S ,00/ ;SL I H < Q0C / 0► J 3. F 0 M J rI"�� a. 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DATE: July 30, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 19, 2009 Regular Meeting CASE: 09-022 APPLICANT: Stephen Schrof REQUEST: A variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling on Lot 1, Block 4, Mountain View t Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. LOCATION: 1943 Three Sisters Way MEMORANDUM ZONING: RR1 -Rural Residential One Twenty-eight (28) public hearing notices were distributed on July 14, 2009. Date of site visit: July 30, 2009 1. Zoning History: Originally this area was designated as Conservation in the 1968 Borough Comprehensive Plan. The area was rezoned from C- Conservation to U- Unclassified by MB Ordinance No. 76 -2 -0. The zoning classification of U- Unclassified was amended to be RR -Rural Residential by MB Ordinance No. 80 -9 -0. The zoning classification was further amended by KIB Ordinance 83 -15-0 which changed the RR -Rural Residential zone into the RR1 -Rural Residential One zoning district. Case 09- 022 /Staff Report Page 1 of 8 P & Z: August 19, 2009 2. Location: Physical: Legal: 3. Lot Size: 4. Existing Land Use: 5. Surrounding Land Use and Zoning: North: South: East: West: 6. Comprehensive Plan: 7. Applicable Regulations: Three Sisters Way Use: Road Zoning: None Lot 2, Block 4, Mountain View 2 Addition Use: Single - family Residential Zoning: RR1 -Rural Residential One Three Sisters Way Use: Road Zoning: None Devils Prong Use: Road Zoning: None 1943 Three Sisters Way Lot 1, Block 4, Mountain View 2 Addition 40,877 Square Feet Single- family Residential The 2008 MB Comprehensive Plan Update depicts this area as Residential. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.70.050 YARDS. A. Front Yard. 1. The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. Case 09- 022 /Staff Report Page 2 of 8 P & Z: August 19, 2009 B. Side Yard. The minimum yard required on each side of a principal building is 15 feet. The minimum side yard required on the street side of a corner lot is 15 feet. In the case of lots served by water and sanitary sewer service from a certified public utility or municipal system, the minimum side yard required is 10 feet. The minimum side yard required on the street side of a corner lot is 10 feet. C. Rear Yard. The minimum rear yard required is 20 feet. 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 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. 17.195.030 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. 17.195.050 APPROVAL OR DENIAL. Within 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 fmancial hardship or inconvenience from which relief is being sought by a variance; and Case 09 -022 /Staff Report Page 3 of 8 P & Z: August 19, 2009 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. 17.195.060 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. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 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 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. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a fmal decision on the appeal. COMMENTS This request is intended to allow an existing 24 by 24 foot two -story dwelling to encroach 10.02 feet into the required 20 foot rear yard setback of the RR1 -Rural Residential zoning district. Upon investigation of the original permit history, however, staff determined that the original zoning compliance and building permit identified the building location as having to observe a 10 foot side yard setback rather than a 20 foot rear yard setback. The original plot plan (on Building Permit #450) shows that the east side of the lot along Three Sisters Way was considered to be the front of the property. Normally, this would make the Devils Prong side the rear yard, however due to a quirk of the plat, the entire lot frontage is designated a 25 foot yard Case 09- 022 /Staff Report Page 4 of 8 P & Z: August 19, 2009 setback on Plat 76 -25. Nevertheless, the line abutting Lot 2 was identified as a 10 foot side yard setback because the lot is larger than 40,000 square feet. The upshot of this investigation shows that the existing dwelling structure is actually nonconforming (grandfathered) rather than a violation of the zoning. As such it is subject to the protections afforded nonconforming structures under KIBC Chapter 17.140 (Nonconformities), so long as it is maintained in such a way that the nonconformity is not increased. (There is the matter of the .02 feet of encroachment into the nonconforming (grandfathered) 10 foot side yard setback, however staff generally does not consider measurements that are less than .1 of a foot and .02 feet is approximately 1 /4 inch.) Because the property owner wishes to add on to the existing structure in such a way that the nonconformity will be increased, this variance review is necessary to determine that there is no other reasonable alternative. Although staff will still recognize the house location as being along the side yard, the side yard setback in the RR1 -Rural Residential One zone has been increased to 15 feet (KIB Ord. No. 83- 15 -0). In addition, if the Commission does determine that no reasonable expansion alternative exists, it is also incumbent upon the Commission to ensure that any variance granted does in no way create a burden on the adjoining property owner and is fair to other property owners in the same zoning district. The 10 foot side yard setback was first adopted into the U- Unclassified zoning district in 1974 (see attached exhibit). In 1980, the U- Unclassified zoning district was amended to become the RR -Rural Residential zoning district, which carried forward the same 10 foot side yard setback until 1983. In 1983 however, the RR -Rural Residential zone gave way to the RR1 -Rural Residential One zone and the side yard setback was increased to 15 feet unless municipal water and sewer were available, in which case the side yard could be reduced to 10 feet. Although the original building permit was issued in the 1982, the Certificate of Occupancy was not issued until 1984 and by that time the zoning had already become RR1 -Rural Residential One. Past practice in the Community Development Department has been to recognize the front, rear and side setback arrangement on the original development permits so long as the original structures are still in existence. Staff has not been able to determine the methodology of the 1982 zoning code for determining the location of front and rear yard setbacks, assuming that there was such a methodology at that time. As noted previously the property is subject to a 25 foot setback along the entire frontage of the lot (which is considerable give that this lot is bounded by ROW on three sides). This new information has the effect of reducing the amount of variance requested from 10.02 feet into the 20 foot rear yard setback to 5.02 feet into the 15 foot side yard setback. At the same time however, this reduction of the setback also makes the "hardship" 50% less onerous or burdensome than it was at the time of application. Because the Commission should only grant a variance in circumstances where there is no other reasonable conforming alternative, granting a variance should be the last option considered after all other reasonable options have been proven Case 09- 022 /Staff Report Page 5 of 8 P & Z: August 19, 2009 infeasible. In addition, the Commission is charged to grant only the minimum relief necessary in order to establish a reasonable use of the land. Staff notes that the property appears to be substantially slope affected. A measurement from the upper corner of the lot, near the common property corner between Lots 1 and 2 (along Three Sisters Way) to a point about midway along the line abutting Devils Prong, shows that the lot has an average cross - section slope of 28 %. In order to gain access to the best building location on the property the driveway alignment follows the 50 foot ( + / -) elevation contour. This keeps the driveway from gaining or losing substantial elevation, however staff notes that the driveway interface with Three Sisters Drive is located on a hilly curve. While this may not be the best location for the driveway interface from a traffic safety perspective, it is probably better than any other access route which would result in a steep driveway. Steep driveways often have safety concerns as well. Without the variance, the proposed building development would clearly displace existing parking and maneuvering such that substantial additional fill or grading would be required. In addition, this would likely pose a conflict with the existing water well as indicated on the as -built survey dated July 1, 1993. Staff notes that the development of the garage addition would provide for sheltered vehicle storage in an area already used for parking, turning and maneuvering of vehicles. Staff notes that there is a natural drainage shown on the plat for this lot. Subdivision requirements of the current code indicate that natural drainage shall not be blocked or impeded, as this may affect upstream, downstream and neighboring properties. Staff recommends that this current subdivision standard be incorporated in this variance as a condition of approval. RECOMMENDATION Staff believes that this request meets all 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, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling on Lot 1, Block 4, Mountain View 2° Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning Case 09- 022 /Staff Report Page 6 of 8 P & Z: August 19, 2009 district, subject to the conditions of approval included in the staff report dated July 30, 2009 and to adopt findings contained in the staff report as "findings of fact" for this case. CONDITIONS OF APPROVAL 1. Natural drainage shall not be blocked or impeded in the utilization of this variance. 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 property is slope affected such that it has an average slope of about 28 %. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required under the current zoning. The petitioner wishes to make use of the best developable area on the lot which happens to be located near to the side (rear) lot line for Lot 1. 17.66.050 A.2.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to • w ' J �! '1L' �hli: ; i . �y' ►tom 1' ' 'iJL"J ! : ' — ' . !;:' _i y "i_.' Case 09- 022/Staff Report Page 7 of 8 P & Z: August 19, 2009 Due to topography, natural vegetation and the physical location of the house on adjoining Lot 2 some distance away from the proposed building site, it does not appear that the granting of variance in this case will cause material damage or prejudice to other properties in the vicinity. Neither will the grant of variance be detrimental to the public's health safety and general welfare. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 17.66.050 A.S.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. Case 09- 022 /Staff Report Page 8 of 8 P & Z: August 19, 2009 Duane Dvorak From: Sent: To: Subject: I'll try it again... August 19, 2009 To: Duane Dvorak P &Z — Kodiak Island Borough Re.: Case No.: 09 -022 Applicant: Stephen Schrof Thank you for your time. — Micky Crawford AO Box 1906 Kodiak, AK 99615 (907)186 -3697 Micky & .1C Crawford [mickyjc@gci.net] Wednesday, August 19. 2009 3:54 PM Duane Dvorak FW: Case No. 09 -022 From: Micky & JC Crawford [mallto :mic kyjc@gd.net] Sent: Wednesday, August 19, 2009 2:54 PM To: 'ddvoark @kodiakak.us' Subject: Case No. 09 -022 i VI c Schrof My name is Micky Crawford, and town and reside at 1893 Three Sisters, Legal description: Mountain View 2n Bk 4 It 2, whkh Is immediately adjacent to the Schrof residence. At this time I am stating my objections to this requested variance. I have lived here pretty much for 30+ years. The property lines are "approximate" — they have not been resurveyed for years. However, I have noted that some objects have encroached onto my property from the Schrof residence, and Mr. Schrof admitted to that and said these objects would be moved. I have not checked to see If this has been accomplished, and cannot see from my house if It has due to the foliage obstructing that view. However, t do suspect this has not been accomplished. I feel that if this variance is permitted, the residence would be too close to our common property lines, and it would be too convenient to continue to encroach, or perhaps even encroach more so by using the space behind this proposed addition. Mr. Schrof has almost an acre of land on which to add onto his existing house. I think going in another direction would be best. I may or may not consider paying for a portion of a re- survey, depending on the cost, of this common boundary. I even suggested to Mr. Schrof that a fence could be erected. However, at this time it is premature to give my agreement to this variance. Cassidy gave a brief staff report stating the applicant has also withdrawn this request. COMMISSIONER JANZ MOVED to accept the withdrawal request for Case 09 -020. The public hearing opened & closed. There were no public comments. Roll call vote on motion CARRIED 4 -0. C) Case 09 - 022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RRI -Rural Residential One zoning district. Cassidy gave a staff report stating this request meets all the conditions necessary for a variance and staff recommends approval. COMMISSIONER TORRES MOVED to grant a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling on Lot 1, Block 4, Mountain View 2° Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district, subject to the conditions of approval included in the staff report dated July 30, 2009 and to adopt findings contained in the staff report as "findings of fact" for this case. The public hearing was opened & closed. Stephen Schrof called in to speak in support of his request. Mickey Crawford spoke opposing this request. During discussion COMMISSIONER JANZ asked Crawford for clarification as to what is encroaching on her property and Crawford stated there is a shed that is very close if not over the property line and their driveway goes over the property line. CHAIR KING asked Schrof to respond to the question also. Schrof stated there is a 2x3 piece of wood to put firewood under but nothing is encroaching onto the Crawford property. In response to COMMISSIONER RYSER'S inquiry, Crawford stated she can see Schrofs house and she does utilize the property adjacent to Schrofs which has a shop close to the bottom of Devil's Prong. Crawford stated that Schrof had told her that the wood structure would be moved. She also stated that Schrof has a full acre of land and she doesn't understand why it has to be abutted next to her property line with a variance. COMMISSIONER TORRES expressed concern over the variance request being for an existing structure and also a variance for a new structure. Cassidy stated what is important is that the existing building is sitting in the setback but it is grandfathered so it is a legal structure, and what is requested is a variance for the addition but staff thought that we will bring them both up to current code by granting a variance for the whole structure. Cassidy also stated whichever property line is the shorter one would be determined to be the front due to it being on Devil's Prong and Three Sisters. Crawford requested a postponement to allow Schrof and herself to come to an agreement on the surveying of the one property line. Schrof asked Cassidy for clarification of whether or not the existing structure is grandfathered because the 2 planners in the department told him it was not grandfathered and he needed to seek a variance for the existing structure. In response to Schrof s inquiry, Cassidy stated it became clear in the research leading up to drafting this case that the existing structure is grandfathered. August 19, 2009 P &Z Minutes Page 2 of 4 Roll call vote on motion FAILED due to a lack of a majority vote. The ayes were CHAIR KING, COMMISSIONER TORRES, and COMMISSIONER RYSER. The noes were COMMISSIONER JANZ. D) Case 10 -001. Request a review and recommendation of the 2010 — 2014 Capital Improvement Projects. Cassidy gave a brief staff report and recommends the commission take it home to review and edit and bring it back for approval at the September regular meeting. COMMISSIONER TORRES MOVED to postpone Case 10 -001 until the September regular meeting. The public hearing was opened & closed. There were no public comments. During discussion, it was the consensus to have a special work session on September 2nd to work on the CIP list and meet with the Trails Master Plan consultants. Roll call vote CARRIED 4 -0. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. COMMUNICATIONS A) Letter of Courtesy & Advisory dated July 2, 2009 B) Subdivision Waiver Letter dated July 14, 2009 C) Letter re: Perenosa Drive Right -of -Way dated August 6, 2009 D) Letter dated July 31, 2009 Cassidy gave a brief staff report on communications. COMMISSIONER JANZ MOVED to accept communications as presented. Voice vote on motion CARRIED unanimously. REPORTS A. Meeting Schedule: • September 9, 2009 work session at 7:30pm in the KIB Conference Room. • September 16, 2009 regular meeting at 7:30pm in the Assembly Chambers. B. Minutes of Other Meetings • July 14, 2009 Parks & Recreation Committee Meeting Minutes Cassidy gave a brief staff report on reports. COMMISSIONER TORRES MOVED to accept reports as presented. Voice vote on motion CARRIED unanimously. AUDIENCE COMMENTS There were no audience comments. August 19, 2009 P&&Z Minutes Page 3 of 4 Mr. Stephen Schrof 1943 Three Sisters Way Kodiak, AK 99615 Re: Case 09 -022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. Dear Mr. Schrof: The Kodiak Island Borough Planning and Zoning Commission at their regular meeting on August 19, 2009 denied your request cited and will adopt findings of fact in support of their decision at their September 16, 2009 regular meeting. law 17.195.090 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 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. This 10 day appeal period begins after the commission adopts Findings of Fact expected at the September 16, 2009 meeting. If you have any questions regarding the Commission's actions please contact the Community Development Department at 496 -9363. Sincerely, Bud Cassidy, Directo Community Developm ' s epartment Kodiak Island Borough Community Development Department 710 Mill Bay Road Kodiak, Alaska 99615 Phone (907) 486 -9363 Fax (907) 486 -9396 www.kodiakak.us August 20, 2009 Duane Dvorak From: Sent: To: Subject: I'll try it again... From: Micky & )C Crawford [mailto:mickyjc@gci.net] Sent: Wednesday, August 19, 2009 2:54 PM To: 'ddvoark@kodiakak.us' Subject: Case No. 09 -022 August 19, 2009 To: Duane Dvorak P &Z — Kodiak Island Borough Re.: Case No.: 09 -022 Applicant: Stephen Schrof Thank you for your time. - Micky Crawford PO Box 1906 Kodiak, AK 99615 (907) 486 -3697 Micky & JC Crawford [mickyjc({©gci.netj Wednesday, August 19, 2009 3:54 PM Duane Dvorak FW: Case No. 09-022 My name is Micky Crawford, and I own and reside at 1893 Three Sisters, Legal description: Mountain View 2 Bk 4 Lt 2, which is immediately adjacent to the Schrof residence. At this time 1 am stating my objections to this requested variance. I have lived here pretty much for 30+ years. The property lines are "approximate" — they have not been resurveyed for years. However, I have noted that some objects have encroached onto my property from the Schrof residence, and Mr. Schrof admitted to that and said these objects would be moved. I have not checked to see if this has been accomplished, and cannot see from my house If it has due to the foliage obstructing that view. However, I do suspect this has not been accomplished. I feel that if this variance is permitted, the residence would be too close to our common property lines, and it would be too convenient to continue to encroach, or perhaps even encroach more so by using the space behind this proposed addition. Mr. Schrof has almost an acre of land on which to add onto his existing house. 1 think going in another direction would be best. I may or may not consider paying for a portion of a re- survey, depending on the cost, of this common boundary. I even suggested to Mr. Schrof that a fence could be erected. However, at this time it is premature to give my agreement to this variance. 1 Current Location 1943 Three Sisters Way Agenda Item # VI C P & Z Case # 09 -022 Stephen Schrof 'equest a variance, according to K - 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. Legend Ei Notification Area Subject Parcel 0 235 470 Feet 1 1 1 1 s 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 infortnation:USGS Digital Elevation Model Kodak, 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 computenzed property records in the Agessing 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 map E **emu KODIAK ISLAND BOROUGH - COMMUNITY DEVELOrMENT DEPARTMENT 710 MIN Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kodiakak.us 1 PAM Form I Property owner's name Stephen Schrof City Kodiak Home phone 486 -1927 Agent's name (11 applicable) Agent's mailing address City Applicant Information Property owner's mailing address 1943 Three Sisters Way Home phone Work Phone State Zip AK 99615 Work Phone E-mail Addr. 539 -1871 State E-mail Addr. 86225040010 Property ID Number /s Mountain View 2nd Bik 4 Lot 1 Legal Description Current Zoning: RR -1 Applicable Comprehensive Plan: 2008 Year of Plan adoption: Present Use of Property: SFR (24' x 24' 2 story) required 20' rear yard setback Property Information Proposed Use of Property: VA & garage additions 'Requesting a variance to encroach 10.02' Into the (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification hereby certify as the property agent that this application for Planning and Zoning Commission nsvMw h bus and complete to *sheet of my knowledge and that K is submitted hr accordance whit the requirements of the applicable Kodiak Wand Borough Cu, fe which includes • dstekd site plan for variance and conditional use requests and which may include optional sapporMng documentation as indicated below. Add pdonal lllewallveflfslory As bvNt Survey Property O en's Signature ate JOL PhobkroPhe EL Nape 11 other Authorized Agent's Signature Date A development plan for one or more lots on which is shown the existing and proposed oondido a of the lot, including topography, vegetation, drainage, flood plains, wetlands, and waterways; lardecapkg and open spaces; we kways; means of ingress and egress; dreulatios; uNNty services; structures and buildings; signs and Nghtng; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order that an intomned decision can be made by the approving authority. (Source: The New Illustrated Book of Development Delinitlons, 01993 by Rutgers Unfveraily) STAFF USE ONLY K1BC 17195 ' 1C I F1C k Code Section(s) involved: . 6:6' FIed:87.43 Variance (KIBC 17.195):250.00 P N I L Conditional Use Permit (KIBC 17200) P I Other (appearance requests, site plan n� �j 0 Zoning cherp+om to Kccipplktsti. - Kodiak * Appli adon received Staff signature F IUUSti trar+rt.ttrir vsrtisl PS 12.td8 :k9 07401319f! Var Fees ..lye id in Full f** Island Barrowel 64 �/ (90) 48E-104 odiak ail 196lt 6X) 7 1987) 486-56a4 PAYMENT VERIFICATION 'Zoning Change, Fee Schedule: O Len then 1.73 acres 5350.0 CI 1.76 to SAO acres $750.00 0 5.01 to 40.00 acres S1,OWS 040.01 acres or more $1,500.50 O ct -02.2. Date: June 25, 2009 To: Kodiak Island Borough - Community Development Department Planning & Zoning Commissioners From: Stephen Schrof and Carrie Worton 1943 Three Sisters Way Kodiak, Alaska 99615 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska We own the property at 1943 Three Sisters Way (Mountain View, 2 " Addition, Block 4, Lot 1). According to Borough records, the house was built in 1984 at its present location and has not had any additions made to the original structure. We bought the house and property in 1998 and went through the house purchasing process. The issue of the house extending into the easement and being out of compliance was not disclosed by the previous owner, nor did we know the regulations governing setbacks or easements at that time. We are submitting a request for a variance to address this encroachment into the easement. We are looking to build an addition onto the existing house because when my wife and I purchased the house in 1998, the house size was adequate for our needs. Since that time, we have had two children and our current home is no longer adequate. We have looked at purchasing a larger home, but the housing market in Kodiak is limited and current house prices would put quite a strain on our ability to meet mortgage payments above what we are currently paying. Provided are pictures of our house in relation to the lot. The first, two pictures (pictures 1 and 2) show the front of the house, and where the proposed addition would be built extending out where the pickup truck is currently parked. The next two pictures are taken of the driveway, looking from (picture 3) and looking to (picture 4) Three Sisters Way. The pictures on the second page are of our neighbors house (picture 5) looking up from our driveway, which is at least 100 feet from the property line and our house looking up from Devils Prong Road (picture 6). These pictures further show that the house is built on a hill sloped down towards Devils Prong side of the house and on the right side of the house, the property is also sloped. The most cost effective and sensible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. To summarize, we would like a variance on our property at 1943 Three Sisters Way to come into compliance with the Kodiak Island Borough (KIB) codes. The approval of this variance will not impact our neighbors and their properties or other residents of the KIB in any way and will allow us to increase the living space for our family. Thanks for your time. Date: July 13, 2009 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska This is an addendum to the variance request we submitted on June 25, 2009. Our variance request is two fold. First, the current structure that we occupy (house) was build in 1984 within the setback. This encroachment into the setback has not been addressed as this property has changed ownership on several occasions. The first request is to seek a variance on the encroachment into the setback of our current house. The second part of the variance request is to seek variance approval to build an addition onto the existing house. The proposed addition would be built extending out in an easterly direction (see As- Built) towards Three Sisters Way. The reason for building the proposed addition in this requested location is that the land is already graded and level to build on. The western side of the house, towards Devils Prong Road, is a hill, steeply sloped down to Devils Prong. The side of the house to the north (the deck side) is also sloped but not as steep. Since, our plans are to build a garage, the property on the west and north sides of the house would not provide a realistic location for access in and out of garage due to the slope of the property. The existing driveway is already established coming in from Three Sisters Way. Also, the septic system is located on the western side of the house and property and an alternative driveway would be very difficult to put in and access from Devils Prong Road. The most cost sensible and only reasonably accessible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. Again, thanks for your time. /trok$L 1 1 1 1 1 1 )9 I "(A L 6.5 - I?r t ri THREE 40 2 OW norm? L TARRANT t b 7 1 9 /sr /b ---- 4 V1J 1.2r.�r • old dm iwwwwwwo doommillowooloo WM. Ai "vow low sod ar. An .. ow . • ~NA M .. A. rows, 1)1.14... doom. so wormy Ipir. sdlowoo doom .on.wI .. A. passim F. wnM ..1 A.. An w as .../. oo o+..b $s.. • aloe •MY. .w+..w • ..Y pq..q mar o ha eme4 Imes. a..1 AM ��t... �I•' � 1w.454 ...t- photos ai L O = N U c 3 a) c 4) c -o m 0 o " c > CO 0 CO tO o 3 ca Q - jj a) 0 . c c l.. p O 4) 5 O -� v) 47 cv >7. N N T. o 3s 9-� > 3 • - oo •c ° c .c) -v3ot m o . • ) Y -D c c La L c Q as O- O (O c Q This notice is being sent the request. If you do not to the Community Development our fax number is: (907) during the appropriate The toll free telephone One week prior to the regular the Kodiak Island Borough Kodiak Island Borough decision on this request. at 486 -9363. Your Name: to you because our records indicate you are a property owner /interested party in the area of wish to testify verbally, you may provide your comments in the space below, or in a letter Department prior to the meeting. If you would like to fax your comments to us, 486 - 9396. If you would like to testify via telephone, please call in your comments public hearing section of the meeting. The local call -in telephone number is 486 -3231. number is 1- 800 -478 -5736. meeting, on Wednesday, August 12, 2009, a work session will be held at 7:30 p.m. in Conference Room ( #12I), to review the packet material for the case. Code provides you with specific appeal rights if you disagree with the Commission's If you have any questions about the request or your appeal rights, please feel free to call us Mailing Address: Your property description: Comments: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 MiII Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 19, 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: APPLICANT: REQUEST: 09 -022 Stephen Schrof A variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR I -Rural Residential One zoning district. LOCATION: 1943 Three Sisters Way ZONING: RR I -Rural Residential One Current Location 1943 Three Sisters Way Agenda Item # VI C P & Z Case # 09 -022 Stephen Schrof Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback: and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. ® N N { m �p,V 2 H`F �4 Zh !! 4/ r O Legend 8 Notification Area Subject Parcel 0 235 470 Feet 1 1 1 s Map prepared for the purpose of showing the General location of the Kodak Urban area. June. 2005. Alaska Highway System. GPS centerline data, National Highway System, Highways. Roads. Streets.. Alaska D.O.T. Sept. 2002 Contour informakon.USGS Digdal Elevation Model Kodak, Alaska. 50 foot intervals. Scale is 1:63,360 Created in ArcGIS 9. NAD 27. Stale 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. Mr. Stephen Schrof 1943 Three Sisters Way Kodiak, AK 99615 Re: Case 09 -022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. Dear Mr. Schrof: Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their August 19, 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, August 12, 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, 4ne..Qia Sheila Smith, Secretary Community Development Department 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 July 14, 2009 1 1 lMEM Ma_ 11111111111/// Mew 111 MOW somemem ...herd_. A . NM 1000 MOM . 1 '' { "I 2 ; P11111 0110 ORRDDIANCJ MO. rW2-0 KODIAK ISLAND BOROUGH ORDINANCE NO. 74 -42 -0 AN ORDINANCE MODIFYING THE MINIMUM LOT AND YARD REQUIRE ' - NUTS FOR UNCLASSIFIED ZONES. BE IT ORDAINED BY THE KODIAK ISLAND BOROUGH: Section 1. That Chapter S. Sub - Chapter 2, Section 3 is amended by modifying subsections C, D and B to provide as follows: C. Lot Ares. The minMum lot area and. let width for each one - family dwelling abail be as follows: 1. If water and sewer service ars not available on request from a certificated public utility or municipal system , the minimum lot area is 40.000 square bet and the minimum lot width shall be 120 feet. 2. If water service is available on request from a oerdticated public utility or municipal system, the mtaimum let area is 20.011 square feet and the s b Imum lot width is 100 bet. 3. If water service and sanitary sewer service are available on request from a oertiAsated publio utility or municipal system, the Wahine lot area is Y.211 square het and the minimum lot width is 00 bet. D. Front Yard. There shall be a fleet yard of net tea than 00 bet if the Wahiawa 1st area is 41.011 square bat and not less Man 20 lest for lots el smaller panelled minimum arses. E. Side Yard. Thera shall be a side yard el net lass Map III be If tin minimum let area is 41.011 squaw bet and 1 n lots of smaller permitted lot area shall have side lots with minimum dimension not leas than 101 of the permitted lot width. The minimum side yard on the street side of a corner lot shall be 25 feet. Section 2. This ordinanoe shall take effect on its passage and approval as required by law . PASSED AND APPROVED by the Borough Assembly of the Kodiak Island Borough this 3 day of October . 1914. IMMO COMM allNalat 811 UM ON see w arras rawws nN►Mewn ATTEST: •- . Borough Clerk Pap Two ORDINANCE NO. 7S -42-0 By: C ap,14 Chairman MAST READING AND APPROVAL. DATE: September S 1974 SECOND READING AND PASSAGE, DATE: October 3. 1974 WIT !land and, ATTEST: By 'I 2 KODIAK ISLAND BOROUGH ORDINANCE NO. 80 -9 -0 AN ORDINANCE RELATING TO CHANGES IN ZONING DEALING UNCLASSIFIED ZONES. WHEREAS, the title is confusing as to the use of the WHEREAS, area requirements are unclear in order to ';sake a clearer interpretation, NOW THEREFORE BE IT ORDAINED by the Kodiak Island Borough Assembly that: Section 1: 17:12 Title Unclassified (U) be changed to reed Rural Residential (R -R). Section 2: �C) All references to (U) be changed to (R -R) in the Borough Code. (b) All zoning mops with areas designated (U) be changed to (11 -R). PASSED AND APPROVED this 3rd day of April , 1980.. KODIAK ISLAND BOROUGH orougyr 1N[yor First Reading: Horeb 11, 1980 Second Reading, Public Hearing: April 3, 1980 Effective Date: April 3, 1980 I a W 1 — Q u T. 1- 0.' u 0 z > a. 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Aenw e.rw,N .. 4. re.06e. b Iwo*. sod 4., ohm of w 001. /.p.. 1..00.06 MEMORANDUM DATE: July 30, 2009 TO: Planning and Zoning Commission FROM: Community Development Department SUBJECT: Information for the August 19, 2009 Regular Meeting CASE: 09 -022 APPLICANT: Stephen Schrof REQUEST: A variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling on Lot 1, Block 4, Mountain View 2 Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. LOCATION: 1943 Three Sisters Way ZONING: RR1 -Rural Residential One Twenty-eight (28) public hearing notices were distributed on July 14, 2009. Date of site visit: July 30, 2009 1. Zoning History: Originally this area was designated as Conservation in the 1968 Borough Comprehensive Plan. The area was rezoned from C- Conservation to U- Unclassified by KIB Ordinance No. 76 -2-0. The zoning classification of U- Unclassified was amended to be RR -Rural Residential by KIB Ordinance No. 80 -9 -0. The zoning classification was further amended by MB Ordinance 83 -15 -0 which changed the RR -Rural Residential zone into the RR1 -Rural Residential One zoning district. Case 09- 022/Staff Report Page 1 of 8 P & Z: August 19, 2009 2. Location: Physical: Legal: 3. Lot Size: 4. Existing Land Use: 5. Surrounding Land Use and Zoning: North: South: East: West: 6. Comprehensive Plan: 7. Applicable Regulations: Three Sisters Way Use: Road Zoning: None Lot 2, Block 4, Mountain View 2" Addition Use: Single- family Residential Zoning: RR 1 -Rural Residential One Three Sisters Way Use: Road Zoning: None Devils Prong Use: Road Zoning: None The 2008 KIB Comprehensive Plan Update depicts this area as Residential. The following sections of Title 17 (Zoning) of the Borough Code and the Kodiak Island Borough Coastal Management Program are applicable to this request: 17.70.050 YARDS. 1943 Three Sisters Way Lot 1, Block 4, Mountain View 2" Addition 40,877 Square Feet Single - family Residential A. Front Yard. I. The minimum front yard shall be 25 feet, unless a previous building line less than this has been established, in which case the minimum front yard for interior lots shall be the average of the setbacks of the main structures on abutting lots on either side if both lots are occupied. 2. If one lot is occupied and the other vacant, the setback shall be the setback of the occupied lot plus one -half the remaining distance to the required 25 -foot setback. 3. If neither of the abutting side lot or tracts are occupied by a structure, the setback shall be 25 feet. Case 09- 022 /Staff Report Page 2 of 8 P & Z: August 19, 2009 B. Side Yard. The minimum yard required on each side of a principal building is 15 feet. The minimum side yard required on the street side of a corner lot is 15 feet. In the case of lots served by water and sanitary sewer service from a certified public utility or municipal system, the minimum side yard required is 10 feet. The minimum side yard required on the street side of a comer lot is 10 feet. C. Rear Yard. The minimum rear yard required is 20 feet. 17.195.010 AUTHORITY AND PURPOSE. The commission shall review and act upon applications for variances. Variances are provided for by this chapter for the purpose of relaxing zoning district requirements in special circumstances. 17.195.020 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. 17.195.030 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. 17.195.050 APPROVAL OR DENIAL. Within 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 Case 09- 022/Staff Report Page 3 of 8 P & Z: August 19, 2009 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. 17.195.060 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. 17.195.070 EFFECTIVE DATE. The decision of the commission to approve or deny a variance shall become final and effective 10 days following such decision. 17.195.080 CANCELLATION. Failure to utilize an approved variance within 12 months after its effective date shall cause its cancellation. 17.195.090 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 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. 17.195.100 STAY PENDING APPEAL. An appeal from a decision granting a variance stays the decision appealed from until there is a final decision on the appeal. COMMENTS This request is intended to allow an existing 24 by 24 foot two -story dwelling to encroach 10.02 feet into the required 20 foot rear yard setback of the RR1 -Rural Residential zoning district. Upon investigation of the original permit history, however, staff determined that the original zoning compliance and building permit identified the building location as having to observe a 10 foot side yard setback rather than a 20 foot rear yard setback. The original plot plan (on Building Permit #450) shows that the east side of the lot along Three Sisters Way was considered to be the front of the property. Normally, this would make the Devils Prong side the rear yard, however due to a quirk of the plat, the entire lot frontage is designated a 25 foot yard Case 09- 022 /Staff Report Page 4 of 8 P & Z: August 19, 2009 setback on Plat 76-25. Nevertheless, the line abutting Lot 2 was identified as a 10 foot side yard setback because the lot is larger than 40,000 square feet. The upshot of this investigation shows that the existing dwelling structure is actually nonconforming (grandfathered) rather than a violation of the zoning. As such it is subject to the protections afforded nonconforming structures under KIBC Chapter 17.140 (Nonconformities), so long as it is maintained in such a way that the nonconformity is not increased. (There is the matter of the .02 feet of encroachment into the nonconforming (grandfathered) 10 foot side yard setback, however staff generally does not consider measurements that are less than .1 of a foot and .02 feet is approximately' inch.) Because the property owner wishes to add on to the existing structure in such a way that the nonconformity will be increased, this variance review is necessary to determine that there is no other reasonable alternative. Although staff will still recognize the house location as being along the side yard, the side yard setback in the RR1 -Rural Residential One zone has been increased to 15 feet (KIB Ord. No. 83- 15 -0). In addition, if the Commission does determine that no reasonable expansion alternative exists, it is also incumbent upon the Commission to ensure that any variance granted does in no way create a burden on the adjoining property owner and is fair to other property owners in the same zoning district. The 10 foot side yard setback was first adopted into the U- Unclassified zoning district in 1974 (see attached exhibit). In 1980, the U- Unclassified zoning district was amended to become the RR -Rural Residential zoning district, which carried forward the same 10 foot side yard setback until 1983. In 1983 however, the RR -Rural Residential zone gave way to the RR1 -Rural Residential One zone and the side yard setback was increased to 15 feet unless municipal water and sewer were available, in which case the side yard could be reduced to 10 feet. Although the original building permit was issued in the 1982, the Certificate of Occupancy was not issued until 1984 and by that time the zoning had already become RR1 -Rural Residential One. Past practice in the Community Development Department has been to recognize the front, rear and side setback arrangement on the original development permits so long as the original structures are still in existence. Staff has not been able to determine the methodology of the 1982 zoning code for determining the location of front and rear yard setbacks, assuming that there was such a methodology at that time. As noted previously the property is subject to a 25 foot setback along the entire frontage of the lot (which is considerable give that this lot is bounded by ROW on three sides). This new information has the effect of reducing the amount of variance requested from 10.02 feet into the 20 foot rear yard setback to 5.02 feet into the 15 foot side yard setback. At the same time however, this reduction of the setback also makes the "hardship" 50% less onerous or burdensome than it was at the time of application. Because the Commission should only grant a variance in circumstances where there is no other reasonable conforming alternative, granting a variance should be the last option considered after all other reasonable options have been proven Case 09- 022/Staff Report Page 5 of 8 P & Z: August 19, 2009 infeasible. In addition, the Commission is charged to grant only the minimum relief necessary in order to establish a reasonable use of the land. Staff notes that the property appears to be substantially slope affected. A measurement from the upper corner of the lot, near the common property corner between Lots 1 and 2 (along Three Sisters Way) to a point about midway along the line abutting Devils Prong, shows that the lot has an average cross - section slope of 28 %. In order to gain access to the best building location on the property the driveway alignment follows the 50 foot ( + / -) elevation contour. This keeps the driveway from gaining or losing substantial elevation, however staff notes that the driveway interface with Three Sisters Drive is located on a hilly curve. While this may not be the best location for the driveway interface from a traffic safety perspective, it is probably better than any other access route which would result in a steep driveway. Steep driveways often have safety concerns as well. Without the variance, the proposed building development would clearly displace existing parking and maneuvering such that substantial additional fill or grading would be required. In addition, this would likely pose a conflict with the existing water well as indicated on the as -built survey dated July 1, 1993. Staff notes that the development of the garage addition would provide for sheltered vehicle storage in an area already used for parking, turning and maneuvering of vehicles. Staff notes that there is a natural drainage shown on the plat for this lot. Subdivision requirements of the current code indicate that natural drainage shall not be blocked or impeded, as this may affect upstream, downstream and neighboring properties. Staff recommends that this current subdivision standard be incorporated in this variance as a condition of approval. RECOMMENDATION Staff believes that this request meets all the conditions necessary, as reflected in the fmdings 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, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling on Lot 1, Block 4, Mountain View 2° Addition, to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RRI -Rural Residential One zoning Case 09- 022 /Staff Report Page 6 of 8 P & Z: August 19, 2009 district, subject to the conditions of approval included in the staff report dated July 30, 2009 and to adopt findings contained in the staff report as "findings of fact" for this case. CONDITIONS OF APPROVAL 1. Natural drainage shall not be blocked or impeded in the utilization of this variance. 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 The property is slope affected such that it has an average slope of about 28 %. In addition, the lot has a designated yard setback on the plat of record which requires 25 feet of setback along all road frontages. Given that this lot is surrounded by road right -of -way on three sides, this is a fairly substantial yard setback requirement that exceeds what would normally be required under the current zoning. The petitioner wishes to make use of the best developable area on the lot which happens to be located near to the side (rear) lot line for Lot 1. 17.66.050 Ai.Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The existing residential dwelling is nonconforming in its current location. At the time of original lot development, there was a 10 foot side yard setback requirement for this site. Current code interpretation identifies this area as being a 20 foot rear yard. Although staff would normally continue to recognize the nonconforming status as long as the original structure exists, in this case because the variance may grant relief for both existing and proposed structures, there is no detriment to recognizing the current code setback determinations in order to simplify matters somewhat. Denial of the variance would be an unreasonable hardship in this case due to the physical circumstances of the lot as identified briefly in Standard #1. This is due to the slope affected nature of the lot, the location of the existing water well the application of a 25 foot setback around the frontage of the lot and the fact that the lot is surrounded by right -of -way on three sides. 17.66.050 A.3.The granting of the variance will not result in material damages or prejudice to tal to the • Tic's !AIL!). UV. 0 .'11! S 1 Ai !• 1_2,11 II I I ;II !1! > .s w • ;1 1 Case 09- 022/Staff Report Page 7 of 8 P & Z: August 19, 2009 Due to topography, natural vegetation and the physical location of the house on adjoining Lot 2 some distance away from the proposed building site, it does not appear that the granting of variance in this case will cause material damage or prejudice to other properties in the vicinity. Neither will the grant of variance be detrimental to the public's health safety and general welfare. 17.66.050 A.4.The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The grant of the variance will not be contrary or detrimental to the objectives of the Comprehensive Plan. This area is designated for low density residential development. 17.66.050 A.5.That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. The actions of the applicant have not caused special conditions or financial hardship from which relieve is being sought by variance. The existing structure is nonconforming in its present location and the proposed additions will not be constructed until the Commission has determined the appropriate level of relief necessary to grant by variance, if any. 17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the district involved. This request is to allow a variance from dimensional requirements of the zoning code and, as such, the grant of said variance will not permit a prohibited land use in the district involved. Case 09- 022 /Staff Report Page 8 of 8 P & Z: August 19, 2009 0• L or 2 110. THREE N 88 *27'07•E 58.81 If+:is- - - - - - -- •I �r 77 48 p9 W 205.21 ABOVE 6R0 FUEL TAJO L O T 1 ti r r r 0 L r r ■ y R 0 r- 0 o. N 0 4 • /�7 2/0//9 x --- � -J 4 e ..• ) .:f9 i • • • • •• O • •. R. L. TARRANT •. I641 -S • .• � �♦ rir t h.r.by certify that 1 h..e eyed a I llomit'3 deathbed penprsry .SOT — l .dr /il Lie / ,�yy //A /IM !.-; "1,/ LJ �lf'44: lJIOf dl and that the improvement' (floated thereon are within the property liner .nd do not overlap or encroach on the property Tying .djuent thereto. that no improvements on property l adjacent thereto ertern.eh on the premise, in vutuion end that there are no roadwa teanvnis- er at other .;table ecumenic on u;d property ester as indi. eased hereon. Dated !frit It P ROBERT L. TA RRANT ReSi d Land Surveyo. Deetrn by: p Z, 7 ,, (Deu: 7 1'5"9 ? Scale: / " — ,'p •6uffiemp Supixa uoi ;eooi a}ewixoaddd F J , yr\t / leAJaTui JnoTuoo boo} 01, - i(ydei6odo_ uoisinipgns ma!A topography topography 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, August 12, 2009, 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: KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska 99615 Public Hearing Item VI -C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, August 19, 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: APPLICANT: REQUEST: LOCATION: ZONING: 09 -022 Stephen Schrof A variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR I -Rural Residential One zoning district. 1943 Three Sisters Way RR I -Rural Residential One � 8 (Pti f) 7- ILI-09 Current Location 1943 Three Sisters Way Agenda Item # VI C P & Z Case # 09 -022 Stephen Schrof Request a variance, according t. BC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single -famil dwelling to encroach 10.02 feet into the required 20 foot rear yard setback: and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One zoning district. P 4, w Amis. S PY q< <f l7 �� NP Legend Eil Notification Area Subject Parcel 0 235 470 Feet 1 1 1 N Map prepared for the purpose of showing the General location of the Kodak 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 Dgitat Elevation Model Kodak, 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 m 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 Commun■ty Development Department. RICHARD &r SANDRA THUMMEL PO BOX 8528 KODIAK, AK 99615 NANCY HILLSTRAND P.O. BOX 7 HOMER, AK 99603 MARK ST. DENNY PO BOX 388 KODIAK, AK 99615 THOMAS THISSEN 316 MILL BAY RD KODIAK, AK 99615 S 6Z Y REVOC TRUST THOMAS SOLENBERGER C/0 PO BOX 29 BARROW, AK 99723 CHARLES & THERESA PETERSON 1850 THREE SISTERS WAY KODIAK, AK 99615 MICKI MUMMERT P.O. BOX 1906 KODIAK, AK 99615 ROBERT FOY PO BOX 1921 KODIAK, AK 99615 LAWRENCE & NADENE ELLSWORTH PO BOX 751 KODIAK, AK 99615 ANDREW DEVRIES PO BOX 3513 KODIAK, AK 99615 BRUCE & CHERYL MCNEIL 2147 THREE SISTERS WAY KODIAK, AK 99615 MICHAEL & PAMELA MURRAY 2182 THREE SISTERS WAY KODIAK, AK 99615 DARLENE TURNER 2046 THREE SISTERS WAY KODIAK, AK 99615 FORREST GOULD P.O. BOX 1214 KODIAK, AK 99615 LLEWELLY FRED O'HEARN PO BOX 88 KODIAK, AK 99615 LUDGER E¢ STEFANIE DOCHTERMANN PO BOX 714 KODIAK, AK 99615 MARK GONSTEAD 1855 THREE SISTERS WAY KODIAK, AK 99615 MARK WHITE PO BOX 391 PELHAM, AL 35124 RK 391 AL 35124 GLENN PAMELA YNGVE PO BOX 9018 KODIAK, AK 99615 JOHN &r JUDY DOWELL 2156 MONASHKA WAY KODIAK, AK 99615 RONALD & MARY DOUBT 1010 STELLAR WAY KODIAK, AK 99615 ANDREW &r ELIZABETH DANO 2139 FOREST DR KODIAK, AK 99615 CORINNE FERRE 1962 THREE SISTERS WAY KODIAK, AK 99615 STEPHEN SCHROF ETAL CARRIE WORTON 1943 THREE SISTERS WAY KODIAK, AK 99615 DAVID &r JOLENE ALLEN PO BOX 8976 KODIAK, AK 99615 NEIL MOOMEY PO BOX 621 KODIAK, AK 99615 RANDALL &r JODY SPIVEY 1709 THREE SISTERS WAY KODIAK, AK 99615 MARY RELYEA P O BOX 2672 KODIAK, AK 99615 Mr. Stephen Schrof 1943 Three Sisters Way Kodiak, AK 99615 Dear Mr. Schrof: Sincerely, 1PJ�QQ L i Sheila Smith, Secretary Community Development Department 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 July 14, 2009 Re: Case 09 -022. Request a variance, according to KIBC 17.70.050.0 and 17.195 (Variance), to allow an existing 24 by 24 foot two -story single- family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RRI -Rural Residential One zoning district. Please be advised that the Kodiak Island Borough Planning and Zoning Commission have scheduled the case referenced above for Public Hearing at their August 19, 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, August 12, 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. KODIAK ISLAND BOt _ _ UGH - COMMUNITY DEVELVrn ENT DEPARTMENT 710 Mill Bay Rd., Room 205, KODIAK, AK 99615 -6398 (907) 486 -9363 - FAX (907) 486 -9396 www.kodiakak.us Property owner's name Stephen Schrof City Kodiak Home phone 486 -1927 Agent's name (If applicable) Agent's mailing address Cfty Home phone Applicant Information Property owner's mafling address 1943 Three Sisters Way State AK Zip 99615 Work Phone E-mail Addr. 539 -1871 State Zip Work Phone E -mail Addr. R6225040010 Property ID Number /s Mountain View 2nd BIk 4 Lot 1 Legal Description Current Zoning: RR -1 Applicable Comprehensive Plan: 2008 Year of Plan adoption: Present Use of Property: SFR (24' x 24' 2 story) required 20' rear yard setback Property Information Proposed Use of Property: L/A & garage additions *Requesting a variance to encroach 10.02 ' into the (Note: Use additional sheets, if needed, to provide a complete description of the proposed request.) Applicant Certification 1 hereby serf aa the proper ate that the application for Planning and Zoning Commission ~low is true and complete to Na bast of my bawled ) and that it is submitted in accordance WO the requirement of the applicable Kodiak Wand Borough! Code, which includes a detailed site plan' fly vadance and conditioned use request and which may include optional supporting documentation as indicated below. ® Additional Nanative?Nstony ® As -built Survey JdJ_ Abp. LL other 'A - .AL - 41 (0 L ' a9 Property • = s Signature ► ate Authorized Agent's Signature Date I A development plan 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 mss and egress; circulation; utility services: structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development and any other informatlon that reasonably may be required in order that an informed decision can be made by the approving authority. (Source: The New INkwtreted Book of Development Definitions, 01993 by Rutgers University) STAFF USE ONLY Code section(s) Involved: 6 KIBC 17.195 iAS 2{.i+9 FI F i :119 @9fekit.89 Var Fees Variance (KIBC 17.195) $250.00 A I D p A I D Conditional Use Permit (KIBC 17.200) $25 , Other (appearance requests, site plan review; iefr IJ Zoning to Kodip1(03alfl - - Mbbdiak AK / _/ 70 t 71 466 -5324 Application received Staff signature d in Full * ** Island Borough odiak AK 9961 (907) 486 -9324 PAYMENT VERIFICATION * Ding Change, Fee Schedule: 0 Lea than 1.75 acres 0350:00 0 1.7bto 075.00 05.01 to 40.11 sexes MAIM 040.01 acres or more $1;,10 0c -42.2 /100.......e Kodiak island Idorouah Code Application Reau ......nts %mei 17.15.050 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.... Varian 17.195.020 Application. An application for a variance may be filed by a property owner or his authorized agent. The application shag 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. 17.195.050 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 condition 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 materiel 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. 195.060 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 condit ions, 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. Conditional Use 17.200.020 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 shag be accompanied by a filing fee, established by resolution of the assembly, payable to the borough. 17.200.030 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. 17.200.050 Standards. In granting a conditional use permit, the commission must make the following findings: A. That the conditional use will preserve the value, split, 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 pubic health, safety, convenience and comfort; D. That the sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions fisted 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 pubic 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 surrounding area; or may Impose other conditions and safeguards designed to ensure the compatibility of the conditional use with other uses it the district. Pubilc Use Land Zone 17.130.020 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: Zero Lot zone D.velooment 17.135.090 Site plan requirement Developments of more than three (3) common -wall structures 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. lissmslinsimonshmtlikaailingl 17.205.030 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 fonn of an application for a change in the boundary of a district, shall be lied In the community development deparbnent, be accompanied by the required fee and such data and information as may be necessary to assure the fullest practicable presentation of facts and shag set fall reasons and justification for proposing such change. Revised Nov 2008 Date: June 25, 2009 To: Kodiak Island Borough - Community Development Department Planning & Zoning Commissioners From: Stephen Schrof and Came Worton 1943 Three Sisters Way Kodiak, Alaska 99615 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska We own the property at 1943 Three Sisters Way (Mountain View, 2" Addition, Block 4, Lot 1). According to Borough records, the house was built in 1984 at its present location and has not had any additions made to the original structure. We bought the house and property in 1998 and went through the house purchasing process. The issue of the house extending into the easement and being out of compliance was not disclosed by the previous owner, nor did we know the regulations governing setbacks or easements at that time. We are submitting a request for a variance to address this encroachment into the easement. We are looking to build an addition onto the existing house because when my wife and I purchased the house in 1998, the house size was adequate for our needs. Since that time, we have had two children and our current home is no longer adequate. We have looked at purchasing a larger home, but the housing market in Kodiak is limited and current house prices would put quite a strain on our ability to meet mortgage payments above what we are currently paying. Provided are pictures of our house in relation to the lot. The first, two pictures (pictures 1 and 2) show the front of the house, and where the proposed addition would be built extending out where the pickup truck is currently parked. The next two pictures are taken of the driveway, looking from (picture 3) and looking to (picture 4) Three Sisters Way. The pictures on the second page are of our neighbors house (picture 5) looking up from our driveway, which is at least 100 feet from the property line and our house looking up from Devils Prong Road (picture 6). These pictures further show that the house is built on a hill sloped down towards Devils Prong side of the house and on the right side of the house, the property is also sloped. The most cost effective and sensible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. To summarize, we would like a variance on our property at 1943 Three Sisters Way to come into compliance with the Kodiak Island Borough (KIB) codes. The approval of this variance will not impact our neighbors and their properties or other residents of the KIB in any way and will allow us to increase the living space for our family. Thanks for your time. Date: July 13, 2009 Subject: Variance request at 1943 Three Sisters Way, Kodiak, Alaska This is an addendum to the variance request we submitted on June 25, 2009. Our variance request is two fold. First, the current structure that we occupy (house) was build in 1984 within the setback. This encroachment into the setback has not been addressed as this property has changed ownership on several occasions. The first request is to seek a variance on the encroachment into the setback of our current house. The second part of the variance request is to seek variance approval to build an addition onto the existing house. The proposed addition would be built extending out in an easterly direction (see As- Built) towards Three Sisters Way. The reason for building the proposed addition in this requested location is that the land is already graded and level to build on. The western side of the house, towards Devils Prong Road, is a hill, steeply sloped down to Devils Prong. The side of the house to the north (the deck side) is also sloped but not as steep. Since, our plans are to build a garage, the property on the west and north sides of the house would not provide a realistic location for access in and out of garage due to the slope of the property. The existing driveway is already established coming in from Three Sisters Way. Also, the septic system is located on the western side of the house and property and an alternative driveway would be very difficult to put in and access from Devils Prong Road. The most cost sensible and only reasonably accessible location from a construction perspective is to build the addition on the flat pad (the driveway, where the truck is parked). The proposed addition would not encroach further into the easement and would extend out from the existing side of the house. Again, thanks for your time. ifti/tjC rq 1 -1 'area 6 . S - ? W r of THREE ` : :'' 49T Z � • 9 * / 3'. R. L. TARRANT a 1641 -5 ••• r 4 :'h g ott 7.,/ 2/a/ 4. —_ 1 b.r►y Doily thee I haytm,preptal Id e.I.t Itu..►tl p..y.ny /7e.t.r?.0 n � S., 6o Yi ✓, tad that au I••pe.el.e... rite.N11►Hfe. Ne ..dins I►t porn? li... ..1 4. w« earflap Of •.t.••1111 e. IM pepny Ifi.s •dj.etwr 'harem du .• impartments e. pertly Iyi.g .dj.te.I d...ee e.tre.t► es floe powwow I. 4e41116110 ..l dm dim .. .e , e. 1..11. In.rwie• es w w ►e. thi►l...u,...ta w said property e.t.p •. 6.4 ..,.d ►new. �Ls+ Oeu1 r ►b %CT Jay • I1� ROBERT L. TARRANT It. i.terel Lt.d !sealer Front of house, looking from edge of driveway. Driveway to house from Three Sister Way. 1943 Three Sisters Way 2. T r Page 1 of 2 Front of house, slight view of side of house. Driveway looking towards Three Sisters Way. Standing in the driveway, looking up at our neighbors house. In photo #1 shows where the truck is parked and where the proposed addition is to be built in relation to the distance to our closest neighbor at least 100 ft. away. 1943 Three Sisters Way Page 2 of 2 Back of house, looking up from Devil's Prong Road. TITLE: Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. SUMMARY: The Assembly approves the meeting schedule for the upcoming year. Attached is the recommended meeting schedule per Borough Code guidelines. The January schedule is what the Assembly approved on November 6, 2008. 2.30.030 Types of meetings. A. Regular Meeting. The assembly shall meet in the borough assembly chambers, in the borough administration building, Kodiak, Alaska, and are to commence at 7:30 p.m. on the first and third Thursdays of each month, or such other time and place as may be designated in the notice of the meeting. Public notice of changed meetings shall be made in at least one newspaper of general circulation in the borough. Meetings shall adjourn at 11:30 p.m. unless the time is extended by a majority of the votes to which the assembly is entitled. No meeting shall be extended beyond midnight, unless extended by a two- thirds vote of the assembly, except the meeting shall be extended to set the time and place for resumption of the meeting. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: RECOMMENDED MOTION: Move to approve the Assembly 2010 meeting schedule. Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING ITEM NO: 13.E.2 January April ® 13 1 'NUN P6RR PLZW 4 • 20 21 ®ti PdZ R P6RR ®® 30 III nary July ® 1 14 INN PLR Pt 111 20 21 ®® PdZ R 30 October R Assembly Regular Meeting W Assembly Worksession 2010 Kodiak Island Borough February © © ©1/!i© PLR R P&Z :PIN P8Z F PLRR 1UUUI nytior May Man 10 11 PLR R 12 P&Z W August 10 ®® // PdR P6Z PdZR '..® P snail '. IMMUNE 30 20 November II 9 10 MLR R PL P 6ZR w NNE. P8Z R Planning & Zoning Regular Meeting P&Z W Planning & Zoning Worksession P&R R Parks & Recreation Regular Meeting March 111111MINIFilli PLRR P LZW ®� ®• PdZR h• ': ® P6RR E®® •SUS 30 June IL m P & R W Eli PiZR FEN • P6RR limo I. �® 3 °SUS September 5•RUMU IBM PaZR Pah MINN ® ®� w ■■ 20 21 PLR R 10 $ December ®� PLZR Pill ®®® W $ • 20 21 PLR R 10 E PPE Election Day Pay Day Pay Period Ending 4 5 E s 7 � R 11 12 PLR R 13 PLZW 14 W 15 18 25 19 26 PRA 20 P&ZR 27 21 R 28 W 22 $ 29 January April ® 13 1 'NUN P6RR PLZW 4 • 20 21 ®ti PdZ R P6RR ®® 30 III nary July ® 1 14 INN PLR Pt 111 20 21 ®® PdZ R 30 October R Assembly Regular Meeting W Assembly Worksession 2010 Kodiak Island Borough February © © ©1/!i© PLR R P&Z :PIN P8Z F PLRR 1UUUI nytior May Man 10 11 PLR R 12 P&Z W August 10 ®® // PdR P6Z PdZR '..® P snail '. IMMUNE 30 20 November II 9 10 MLR R PL P 6ZR w NNE. P8Z R Planning & Zoning Regular Meeting P&Z W Planning & Zoning Worksession P&R R Parks & Recreation Regular Meeting March 111111MINIFilli PLRR P LZW ®� ®• PdZR h• ': ® P6RR E®® •SUS 30 June IL m P & R W Eli PiZR FEN • P6RR limo I. �® 3 °SUS September 5•RUMU IBM PaZR Pah MINN ® ®� w ■■ 20 21 PLR R 10 $ December ®� PLZR Pill ®®® W $ • 20 21 PLR R 10 E PPE Election Day Pay Day Pay Period Ending TITLE: Declaring a Seat on the Solid Waste Advisory Board Vacant. SUMMARY: On October 16, 2009, Mr. Barry Altenhof submitted the attached letter of resignation from the Solid Waste Advisory Board, effective November 19, 2009. 2.100.070 Vacancies. A. Other than by expiration of the member's term, the assembly shall declare a seat vacant when a member: 2. Resigns and the resignation is accepted; D. In the event of a vacancy on a board, committee, or commission for any reason other than normal expiration of a term of office, the clerk shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. The appointing authority shall appoint a new member for the remaining unexpired term in accordance with KIBC 2.100.030. FISCAL NOTES: N/A Account No.: Amount Budgeted: Expenditure Required: APPROVAL FOR AGENDA: Form Ver. 06/30/2009 KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING ITEM NO: 13.E.3 RECOMMENDED MOTION: Move to accept, with regret, the resignation of Mr. Barry Altenhof for a term to expire October 2011 from the Solid Waste Advisory Board effective November 19, 2009 and direct the Borough Clerk to advertise the vacancy per Borough Code. Jessica Kilborn Subject: Sincerely, Barry Altenhof FW: swab resignation From: Aitenhof, Barry [ mailto :baltenhof0l @kodiakschools.org] Sent: Friday, October 16, 2009 4:30 PM To: Nova Javier Subject: swab resignation 1 Nova, I am writing to let you know that Wed., Nov. 18 will be my last meeting as a member of the Solid Waste Advisory Board. I want to thank you for your help with the many organizational issues related to the conduct of SWAB business. Your advice and expertise in parliamentary procedure was especially valuable in keeping meetings organized and productive. Though many issues remain, I believe our work over the past two years has been a step in the right direction. Thanks again for your help. Form Ver. 06/30/2009 TITLE: Mayoral Appointments of Assembly Representatives to Boards and Committees. SUMMARY: Mayor Selby has asked that the Assembly confirm his appointment of Assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Jerrol Friend Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Louise Stutes Center Advisory Council Dave Kaplan Chris Lynch Sue Jeffrey Chris Lynch Mayor Selby serves on the Economic Development Committee, Emergency Services Council, and Fisheries and Oceanic Research Board. FISCAL NOTES: N/A School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Advisory Board APPROVAL FOR AGENDA: KODIAK ISLAND BOROUGH AGENDA STATEMENT NOVEMBER 5, 2009 REGULAR MEETING ITEM NO: 13.E.4 RECOMMENDED MOTION: Move to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS -AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS -AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep 5 Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby l� Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey I Solid Waste Advisory Board Chris Lynch Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: P L Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep Architectural Review Board Jerrol Friend 3 Economic Development Committee Jerome Selby 2 Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan L 1 Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: P L Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan P ovidence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: V) Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep 9 Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend I Kodiak College Council Judy Fulp 3 Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan f Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: V) Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. , / Assembly Member: �/ t`d'a Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008-10/2009 Assembly Rep i Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan 3 School District Facilities Review Committee Chris Lynch 0 School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. , / Assembly Member: �/ t`d'a Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: l J ,� � ( i�� Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep l Architectural Review Board Jerrol Friend 3 Economic Development Committee Jerome Selby 5 Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch d--- School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: l J ,� � ( i�� Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES chAlt? Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp 2_ Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson 7 Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey / Solid Waste Advisory Board Chris Lynch KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the manor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES chAlt? Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. Board or Committee 10/2008- 10/2009 Assembly Rep Architectural Review Board Jerrol Friend Economic Development Committee Jerome Selby Emergency Services Council Jerome Selby Joint Building Code Review Committee Jerrol Friend Kodiak College Council Judy Fulp Kodiak Fisheries Advisory Committee Sue Jeffrey Parks and Recreation Committee Dave Kaplan Providence Health System Service Area Board Pat Branson Providence Kodiak Island Counseling Center Advisory Council Louise Stutes School District Budget Advisory Committee Dave Kaplan School District Facilities Review Committee Chris Lynch School District Strategic Planning Committee Sue Jeffrey Solid Waste Advisory Board Chris Lynch APPOINTMENT OF ASSEMBLY REPRESENTATIVES TO BOARDS AND COMMITTEES KIBC 2.100.030 Appointments. Members of boards, committees, and commissions, except for members of the board of adjustment, members of the board of equalization, and elected service area board members, are appointed by the mayor and confirmed by the assembly unless otherwise specifically provided elsewhere in this code. An appointment not confirmed by the assembly shall not become effective. Assembly Member: Please mark your top 5 choices, with 1 being your first choice, and return this form to the Clerk by Thursday, October 22. Note: Mayor Selby serves of the Economic Development Committee and Emergency Services Council. KODIAK ISLAND BOROUGH ASSEMBLY MEETING Regular Meeting of: 6-za%2r d ' Please PRINT your name Please PRINT your name °J ac -e;t 1\ a 11 r 6-ut;A, JAA Itut vjbvo .z .._ a - ON S3A N,. Ms. Branson ► Mr. Friend 1 dinj •s(ni Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes :1vlol Mayor Selby G Z -\'S o W m v) 4=g 1 4 . - tom ON TE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE S3A .c;' -- Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby W $.: m v) 0 00 s9 Z W m cn ON `v S3A c-- The mayor may not Ote except in the case where only six members of the asseml I Ms. Bransor* Mr. Friend Ms. Fulp Ms. Jeffrey ueideyi AN I Ms. Lynch Ms. Stutes TOTAL: Mayor Selby 2 . 't .;2 r .c.,?,,, s tli: z 6 0 w CO (n ON S3A Ms. Branson I Mr. Friend din j •siN Ms. Jeffrey 1 ueide}i Ms. Lynch Ms. Stutes TOTAL: Mayor Selby m co 0 Z 1 ON 40 ,2 S3A l a 1 G IIOA Ms. Branson 1 1 Mr. Friend l dingy sW Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes 1 CHANGE OI TOTAL: Mayor Selby O W c6 . 0 a) 0 v KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET H W W 2 N J J V - J J 0 } co 2 W N 0 re 0 to Z N 0 ca 0 Ta 0 0 0 Q T i i I ON 0 The mayor may nofvote except in the case where only six members of the assembly are present and there is a three /three tie vote of the assembly. S3A "E? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE? CHANGE OF VOTE 1 , g , Z V m cn Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby ON 0 Q \ t. Q sz> g C W m co S3A 1 j Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stute TOTAL: Mayor Selby - . ON S3A . Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey Mr. Kapla Ms. Lynch Ms. Stutes TOTAL: Mayor Selby Z 0 �. W m c/) - .5--t) r O � -9 G 5: w Cog m v) 1 O S3A l\ \ Ms. Branson Mr. Friend Ms. Fulp Ms. Jeffrey* Mr. Kaplan Ms. Lynch Ms. Stutes TOTAL: Mayor Selby p. O V) m N am` ON] 0 hA .W* I1OA uosuelg sW Mr. Friend Ms. Fulp 4/ Ms. Jeffrey Mr. Kaplan Ms. Lynch Ms. Stutes CHANGE O TOTAL: Mayor Selby H W W 2 N J J V - J J 0 } co 2 W N 0 re 0 to Z N 0 ca 0 Ta 0 0 0 Q T i i 0 O H W W N J J Q J J 0 cd CO 2 W N co cu 0 To CL tf c c • 0 > rn C CD 0 Q U Ms. Branson Puepd 'JIN 1 dinj •sW m o W cn ___) >: m 4-- 0 c.) W cn l 1 SA Ms. Branson Mr. Friend Ms. Fulp 1 m co *(;., C ON S3A Ms. Branson Mr. Friend ding 'sW Ms. Stutes 3E OF VOTE? C TOTAL: ON I 93A Ms. Branson Mr. Friend 6t Ms. Fulp ON 1 t3 gi dinj •sw pue!Jd . 4J iosueig •svI 0 O H W W N J J Q J J 0 cd CO 2 W N co cu 0 To CL tf c c • 0 > rn C CD 0 Q U Tti U N 0. f0 a) Q N c c 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET 1 ON I S3A 1 Ms. Branson Mr. Friend Ms. Fulp ON 1 S3A 1 Ms. Branson f Mr. Friend Ms. Fulp >- m G z 0 W co ON S3A Ms. Branson Mr. Friend Ms. Fulp Ms. Stutes E OF VOTE? C TOTAL: embers of the as Mayor Selby m Z 0 w co IONI S3A Ms. Branson Mr. Friend ding •siN L7 Z I Ms. Branson 1 . puepd 'AN I din - so i l • �w Tti U N 0. f0 a) Q N c c 0 KODIAK ISLAND BOROUGH ASSEMBLY ROLL CALL SHEET Kodiak Island Borough Assembly Regular Meeting Guidelines November 5, 2009, 7:30 p.m., Borough Assembly Chambers 1. INVOCATION Captain John Quinn of the Salvation Army. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL KIBC 2.16.070.... the Chair shall cause the record to reflect the absence of the member, the REASON for the absence, and whether the absence is excused by the Assembly. Recommended motion: Move to specifically excuse any Assembly members that are absent. VOICE VOTE ON MOTION. 4. APPROVAL OF AGENDA AND CONSENT AGENDA All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Assembly and will be approved by one motion. There will be no separate discussion of these items unless an Assembly member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda. All items in yellow are consent agenda items. Summary of Consent Agenda Items: *Regular Meeting Minutes of September 3 and October 15, 2009 and Special Meeting Minutes of October 22, 2009. *Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. Recommended motion: Move to approve the agenda and consent agenda as submitted. VOICE VOTE ON MOTION. 5. APPROVAL OF MINUTES A. ill Regular Meeting Minutes of September 3 and October 15, 2009 and Special Meeting Minutes of October 22, 2009. 6. AWARDS AND PRESENTATIONS A. Student of the Month - November 2009 — Mayor Selby • Nicholas Hoffman, senior at Kodiak High School /KIBSD Learning Center /Correspondence Study. 7. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) A. Agenda Items not scheduled for public hearing and general comments. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. 8. COMMITTEE REPORTS A. Providence Kodiak Island Medical Center Update — Don Rush Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 1 9. PUBLIC HEARING A. Resolution No. FY2010 -18 Approving Submission of an Application to the State of Alaska Community Development Block Grant (CDBG) Program to Obtain Funding for the Planning of the Replacement of the Long Term Care Facility in Kodiak. Clerk's Note: Attached on yellow paper is a corrected copy of the resolution. Recommended motion: Move to adopt Resolution No. FY2010 -18. Staff Report — Manager Gifford Open public hearing. Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Comments are limited to three minutes per speaker. The following are required to be explained during this public hearing: • MANAGER GIFFORD - Explain what CDBG program is and explain that CDBG grant funds can be used for Community Development projects, Planning projects or Special Economic Development projects, Planning projects or Special Economic Development Projects. Ask if there are any questions on the types of projects that CDBG funds can be used for. • MANAGER GIFFORD - Give an example of a proposed project that is currently needed in the community. Tell what it is and why it should be chosen for the FY 09 CDBG proposed project. . MAYOR SELBY - Call for alternative proposals. If there are, discuss all proposals fully to clearly identify what projects are needed and why are they important to the community. If there are none, close public hearing. Assembly discussion and amendments may be offered at this time. ROLL CALL VOTE ON MOTION. 10. BOROUGH MANAGER'S REPORT 11. MESSAGES FROM THE BOROUGH MAYOR 12. UNFINISHED BUSINESS Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 2 13. NEW BUSINESS A. Reorganization of the Kodiak Island Borough Assembly. 1. Election of Deputy Presiding Officer. Mayor Selby opens the nominations. Nominations may be made by any member of the Assembly. A second is not needed. Move to nominate as deputy presiding officer. Mayor Selby closes the nominations. If only one individual is nominated, the recommended motion is: Move to cast a unanimous ballot for as Deputy Presiding Officer. ROLL CALL VOTE ON MOTION. If more than one individual is nominated, Mayor Selby asks the clerk to distribute ballots, collect, and tally the ballots. Balloting continues until there is a majority vote and the Borough Clerk announces the Assembly member elected to serve as Deputy Presiding Officer. B. Contracts — None. C. Resolutions 1. Resolution No. FY2010 -13 Deactivating Kodiak Island Borough Clerk's Office as a Passport Acceptance Facility. Recommended motion: Move to adopt Resolution No. FY2010 -13. Staff Report — Clerk Javier Assembly discussion. ROLL CALL VOTE ON MOTION. 2. Resolution No. FY2010 -14 Urging the Alaska Energy Authority and Alaska State Legislature to Award Grant Funding for Kodiak Electric Association's Terror Lake Unit 3 Hydroelectric Project. Recommended motion: Move to adopt Resolution No. FY2010 -14. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 3 3. Resolution No. FY2010 -15 Adopting a Federal Capital Improvement Projects Priority List for the Federal Fiscal Year 2011. Recommended motion: Move to adopt Resolution No. FY2010 -15. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 4. Resolution No. FY2010 -16 Urging the North Pacific Fishery Management Council to Retain the Intent of the Current Inshore /Offshore Regulations in Gulf of Alaska Quota Allocation Decisions. Recommended motion: Move to adopt Resolution No. FY2010 -16. Staff Report — Manager Gifford Assembly discussion. ROLL CALL VOTE ON MOTION. 5. Resolution No. FY2010 -17 Authorizing the Submission of a Grant Application to the Alaska Energy Authority Renewable Energy Fund Grant Recommendation Program, Round III for a Resource Assessment and Feasibility Study for the use of Renewable Energy Resources in the Kodiak High School. Clerk's Note: Attached on — is a corrected version of the resolution. Recommended motion: Move to adopt Resolution No. FY2010 -17. Staff Report — Manager Gifford Recommended motion: Move to amend Resolution No. FY2010 -17 with the corrected version. ROLL CALL VOTE ON THE AMENDMENT. Assembly discussion. ROLL CALL VOTE ON MAIN MOTION. D. Ordinances for Introduction — None. E. Other Items Mayor Selby will recess the regular meeting and convene the Board of Adjustment. Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 4 BOARD OF ADJUSTMENT An Appeal of the Planning and Zoning Commission's decision (Case No. 09 -022) to deny a variance to allow an existing 24 by 24 foot two -story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof) Clerk's Note: Twenty -nine (29) appeal hearing notices were mailed; returned are attached on Please announce: The board of adjustment shall decide the appeal upon the appeal record and the written and oral argument presented on the appeal. Per KIBC 17.225.070(B): At the hearing before the assembly, only persons who have submitted written argument on the appeal, or testified before the commission, or submitted written comments to the commission may present oral argument. Mayor please announce: THE FOLLOWING PERSONS MAY PRESENT ORAL ARGUMENT ON THE APPEAL: Persons who have submitted written argument on the appeal Cheryl McNeil AA 'RN i QIgt< Testified before the commission Mickey Crawford Submitted written comments to the commission Mickey Crawford The order of oral argument is as follows: 1. Borough staff, including commission representatives: 10 minutes to present the decision and to set forth the evidence and reasons relied upon for the decision. 2. Appellant: 10 minutes - (Stephen Schrof) PLEASE ASK THOSE SPEAKING TO IDENTIFY THEMSELVES, SIGN, AND PRINT THEIR NAME ON THE SIGN -IN SHEET. Read phone numbers: Local is 486 -3231 and toll free is 1- 800 - 478 -5736. It is recommended that questions for the testifiers not be asked during their testimony. If you need further clarification on their testimony, please ask the Mayor to call the person back to the podium during your debate. 3. Private person supporting the appeal: 10 minutes 4. Private person opposing the appeal: 10 minutes 5. Appellant, for rebuttal: 10 minutes - (Stephen Schrof) Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 5 Clarification - Rebuttal may be limited to new evidence and testimony brought forward during private person comments. Per KIBC 17.225.070(C): Failure to observe the above procedures in a hearing shall not affect the validity of the decision so long as the appellant has had a reasonable opportunity to be heard. Board of Adjustment discussion. The Board of Adjustment may convene into executive session for deliberation as a quasi - judicial function to reach a decision in an adjudicatory proceeding and to deliberate on any essential findings -of -fact. If an executive session is desired: Recommended motion: Move to convene into executive session for deliberation as a quasi-judicial board. ROLL CALL VOTE ON MOTION TO CONVENE INTO EXECUTIVE SESSION. (After the vote, Mayor Selby invites the Manager and Clerk's office staff to join in executive session and recesses the Board of Adjustment.) (Upon returning from the executive session, Mayor Selby reconvenes the Board of Adjustment.) DISCUSSION ON FINDINGS OF FACT - The findings of fact will be based on this discussion. Please give staff clear direction on the findings of fact. Per KIBC 17.225.080 Decision. A. The board of adjustment shall either affirm or reverse the decision of the commission in whole or in part. If the board of adjustment fails to approve the reversal of the commission's decision, that decision is affirmed. Recommended motion: Move to Affirm - IN WHOLE OR IN PART the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two- story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof). OR Recommended motion: Move to Reverse - IN WHOLE OR IN PART the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two- story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback;and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof). Clerks Note: If the Board of Adjustment fails to affirm, a motion to reverse is in order. If the Board of Adjustment fails to reverse, the decision is affirmed. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 6 Recommended motion: Move to postpone the Findings -of -Fact of the Board of Adjustment on the Planning and Zoning Commission's decision to deny a variance to allow an existing 24 by 24 foot two-story single - family dwelling to encroach 10.02 feet into the required 20 foot rear yard setback; and to allow a proposed 18 by 20 foot residential addition and a 22 by 26 foot garage addition to the main dwelling which will similarly encroach 10.02 feet into the required 20 foot rear yard setback required in the RR1 -Rural Residential One Zoning District. (Appellant: Stephen Schrof) ROLL CALL VOTE ON MOTION. Mayor Selby reconvenes the regular meeting. �O (-tire kuF{ r u,qA^I 2. *Approval of the Kodiak Island Borough Assembly 2010 Meeting Schedule. 3. Declaring a Seat on the Solid Waste Advisory Board Vacant. Recommended motion: Move to accept, with regret, the resignation of Mr. Barry Altenhof for a term to expire December 2011 from the Solid Waste Advisory Board effective November 19, 2009 and direct the Borough Clerk to advertise the vacancy per Borough Code. ROLL CALL VOTE ON MOTION. 4. Mayoral Appointments of Assembly Representatives to Boards and Committees. Recommended motion: Move to confirm the mayoral appointments of assembly member representatives to Boards, Committees, Commissions, and Councils as follows: Architectural Review Board Joint Building Code Review Committee Kodiak College Council Kodiak Fisheries Advisory Committee Parks and Recreation Committee Providence Health System Service Area Board Providence Kodiak Island Counseling Center Advisory Council School District Budget Advisory Committee School District Facilities Review Committee School District Strategic Planning Committee Solid Waste Advisory Board ROLL CALL VOTE ON MOTION. Jerrol Friend Jerrol Friend Judy Fulp Sue Jeffrey Dave Kaplan Pat Branson Louise Stutes Dave Kaplan Chris Lynch Sue Jeffrey Chris Lynch 14. CITIZENS' COMMENTS (These are limited to three minutes per speaker.) Read phone numbers: Local is 486 -3231 and Toll Free is 1- 800 - 478 -5736. Please ask speakers to sign in and state their name for the record. Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 7 15. ASSEMBLY MEMBER COMMENTS Announcements — Mayor Selby The Borough offices will be closed on Wednesday, November 11, 2009, in observance of the Veterans Day holiday. The Assembly work session scheduled for Thursday, November 12, 2009 and the regular meeting scheduled for Thursday, November 19, 2009 have been cancelled. The Borough Clerk's Office will be closed November 16, 17, and 18 and will reopen for business on Thursday, November 19 at 8 a.m. The Mayor and members of the Assembly will be traveling to Anchorage November 17- 21 to attend the Alaska Municipal League Conference. The Borough offices will be closed Thursday, November 26 and Friday, November 27, in observance of the Thanksgiving holiday. The next Assembly work session will be held on Tuesday, December 1, 2009 at 7:30 p.m. in the Borough Conference Room. The next regular meeting is scheduled on Thursday, December 3, 2009 at 7:30 p.m. in the Borough Assembly Chambers. 16. ADJOURNMENT Recommended motion: Move to adjourn the meeting. ROLL CALL VOTE ON MOTION. Kodiak Island Borough Assembly Guidelines November 5, 2009 Page 8