EAST ADD BK 34 LT 3A - ZCP 4/25/2011Kodiak Island Borough
Community Development Department
710 Mill Bay Rd. Rm 205
Kodiak AK 99615
Ph. (907) 486 - 9362 Fax (907) 486 - 9396
http://www.kodiakak.us
Zoning Compliance Permit
14933
Permit No. CZ2011 -055
Property Owner / Applicant:
Mailing Address:
Phone Number:
Other Contact email, etc.:
Legal Description:
Street Address:
The following information is to be supplied by the Applicant:
Jay Johnston
P.O. Box 2503, Kodiak AK 99615
486 -3595, 3908
East Add. Blk 34, Lot 3A, US Survey 2538B
1110 Mission Road
Use & Size of Existing Structures: Single - family Residential 1,191 Sq. Ft.; Parking Deck 27' by 20' = 540 square feet
Description of Proposed Action: Build /Remodel existing single -story house by the addition of two additional stories and
improvements to existing parking deck in accordance with variance granted in Case 10-010. (See results letter dated May 13, 2010
attached)
Site Plan to include: Lot boundaries and existing easements, existing buildings, proposed location of new construction, access
points, and vehicular parking areas.
Staff Compliance Review: ZONING: R -2 PACS_No. 14933
Lot Area: 11,273 Sq. Ft. Lot Width: 60' Bldg Height: 35'
Front Yard: 25 ' Rear Yard: 10 ' Side Yard: 5 '
Prk'g Plan Rvw? Yes # of Req'd Spaces: 3
Plat / Subdivision
Requirements?
Does the project involve
an EPA defined facility?
NA
N/A
If YES, do you have an EPA Return Receipt of Notification?
"Permit will not be issued until receipt is submitted to K/B"
N/A
Coastal Policy Residential
Subd Case No. NA
Driveway NA
Permit?
Septic Plan NA
Approval: _
Fire NA
Marshall:
Applicant Certification: I hereby certify that 1 will comply with the provisions of the Kodiak Island Borough Code and that I
have the authority to certify this as the property owner, or as a representative of the property owner. I agree to have identifiable
corner markers in place for verification of building setback (yard) requirements.
Attachments? Site Plan List Other: Site Plan on file for Case 10 -010 subject to conditions of approval
^ i
r
Date: Apr 25, 2011 Signature: \ Jay Johnstd r) - %?- _ ' ..._• W" " "' " '
This permit is only for the proposed project as described by thi applicant. If there are any changes to the
proposed project, including its intended use, prior to or during its siting, construction, or operation, contact
this office immediately to determine if further review and approval of the revised project is necessary.
** EXPIRATION. A zoning compliance permit will become null and void if the building or use authorized by such permit is not
commenced within 180 days from the date of issuance, or if the building construction or use is abandoned at any time, after the
work is commenced, for a period of 180 days. Before such work can be recommenced, a new permit must first be obtained. (Sec.
106.4.4 Expiration. 1997 UBC) per KIBC 17.03.060. **
CDD Staff Certification
Date: Apr 25, 2011 CDD Staff: Duane Dvorak
Payment Verification
Construction Disposal Deposit
Payable in Cashier's Office
Room # 104
NO
Consistent? Yes
Plat No. NA
Attachment? No
Bld'g Permit No. Pending
w i m ill,
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K odiak .Island borough
Community Development Department
710 Mill Bay Road
Kodiak, Alaska 99615
Phone (907) 486 -9363 Fax (907) 486 -9396
www.kodiak.ak.us
May 13, 2010
Mr. Jay Johnston
PO Box 2503
Kodiak, AK 99615
Re: Case.10 -010. Request a variance, according to KIBC 17.195.020, to allow a new 22 by
26 foot garage with below grade shop and storage to encroach 7.5 feet into the required
12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) and a
variance to allow an existing nonconforming single- family residence to be expanded by
two additional stories where the structure currently encroaches 3.4 feet into the required
12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A) and a
variance to allow an existing encroachment of the dwelling 1.5 feet into the required 5
foot side yard setback (KIBC 17.80.040.13); and, a variance to allow the proposed garage
to encroach 5 feet into the required 40 foot from centerline additional setback and the
single - family residence to encroach .9 feet into the required 40 foot from centerline
additional setback required of all properties along Mission Road (KIBC 17.155).
Dear Mr. Johnston:
The Kodiak Island Borough Planning and Zoning Commission at their special meeting on May
12, 2010, granted a variance, according to KIBC 17.195.020 and 17.80.040.A, to allow a
new 22 by 26 foot garage with below grade shop and storage to encroach 7.5 feet into the
required 12.5 foot front yard setback (based on setback averap-in2 per KIBC 17.80.040.A)
The commission also granted a variance, according to KIBC 17.195.020 and 17.80.040.A, to
allow an existing nonconforming single - family residence to encroach 3.4 feet into the
required 12.5 foot front yard setback (based on setback averaging per KIBC 17.80.040.A)
in the R2- Two - family Residential zoning district subject to the following conditions of
approval.
CONDITION OF APPROVAL
1. The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997
UBC methodology for determining building height, in order to compensate for the 3.4 foot
encroachment of a portion of the existing single family residence into the adjusted front yard
setback.
The commission also granted a variance, according to KIBC 17.195.020 and 17.80.040.B, to
allow an existing encroachment of the dwelling on Lot 3A, Block 34, East Addition, 1.5 feet
into the required 5 foot side yard setback (KIBC 17.80.040.B), in the R2- Two - family
Residential zoning district, subject to the following conditions of approval.
CONDITIONS OF APPROVAL
The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997
UBC methodology for determining building height, in order to compensate for the 1.5 foot
encroachment of a portion of the existing single family residence into the five foot side yard
setback.
The commission also granted a variance, according to KIBC 17.195.020 and 17.155, to
allow a proposed 22 by 26 foot garage addition on Lot 3A, Block 34, East Addition, to
encroach 5 -feet into the required 40 -foot- from - centertine additional setback for all lots
along Mission Road, subject to the following conditions of approval.
CONDITIONS OF APPROVAL
1. The proposed garage enclosure, whether as an addition to residential or as an accessory
building, is allowed to encroach a maximum of 5 -feet into the required 40 -foot-
fromcenterline setback along Mission Road.
2. The maximum height of an enclosed garage above the current grade of Mission Road is
limited to 15 feet maximum (one story), as measured by 1997 UBC methodology.
The commission also granted a variance, according to KIBC 17.195.020 and 17.155, to
allow a portion of an existing single - family dwelling on Lot 3A, Block 34, East Addition, to
encroach .9 (point nine) feet into the required 40- foot - from - centerline additional setback
for all lots along Mission Road, subject to the following conditions of approval.
CONDITION OF APPROVAL
1. The maximum height of all floors is limited to a maximum of 32 feet, as measured by 1997
UBC methodology for determining building height, in order to compensate for the .9 (point nine)
foot encroachment of a portion of the existing single family residence into the 40 foot from
centerline additional setback along Mission Road
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k
THIS APPROVAL DOES NOT ALLOW ANY CONSTRUCTION TO BEGIN. Zoning
compliance and/or a building permit must first be obtained. Failure to utilize an approved
variance within twelve (12) months after its effective date shall cause its cancellation.
Please contact this office for further details.
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) calendar
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 accompanied by the appropriate appeal fee.
Therefore, the Commission's decision will not be final and effective until ten (10) calendar days
following the decision. For more information on the appeal process please contact the Borough
Clerk's Office at 486 -9310.
This letter shall constitute the variance. Please bring it when you come to our office to obtain
zoning compliance for any construction on the property.
The Commission adopted the following findings of fact in support of their decision:
Staff provided two sets of findings related to the respective R2 zone setback varainces (Findings
A) and the 40- foot - from - centerline setback variances (Findings B).
FINDINGS OF FACT
17.66.050 A.1.Exceptional physical circumstances or conditions applicable to the property
or intended use of development, which generally do not apply to other properties in the
same land use district
A. Lot 3A is topographically constrained in that the developable ground level is substantially
located below the prevailing grade of Mission Road (estimated to be 10 to 12 feet on
average). In addition, the property has a utility easement in the center of the lot that limits
how far away from the road right -of -way a residential addition could be located. The rear of
the property has seen improvement in recent years with two substantial concrete retaining
walls and a concrete block retaining wall at the bottom of the lot along the Pearson Cove
Park. The existing location of the house footprint on Lot 3A reflects the limitations of the lot
in terms of its historical positioning on the lot, being located closer to the road right -of -way
and the existing parking deck.
B. Same as for A.
17.66.050 A.2.Strict application of the zoning ordinances would result in practical
difficulties or unnecessary hardships.
A. The existing residential dwelling is nonconforming in its current location however, due to
setback averaging (KIBC 17.80.040.A), the setback is adjusted from the usual 25 feet to 12.5
feet. When diagrammed on the as- built, the encroachments of the single - family dwelling
appear to be relatively minimal. A requirement to cut off portions of the existing structure in
order to be allowed to expand it with additional stories (as otherwise allowed by the
nonconformities code) would result in practical difficulty and unnecessary hardship. As
indicated in the staff report, the Commission could grant the variance(s) and allow for a
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sufficient reduction in overall building height by linking setback variances to building height
as a condition of approval. In addition, the petitioner could disconnect the dwelling from the
proposed garage addition, and then the need for variance(s) for the dwelling to encroach into
the setbacks would not be required. This would have the effect of perpetuating the
nonconformity as permitted by KIBC 17.140.040.C. Regarding the proposed 22 by 26 foot
garage addition, it already benefits greatly from the setback averaging making up fully one -
half of the normally required 25 foot front yard setback. Because the existing improved road
favors the opposite side of the Mission Road right -of -way a variance of 7.5 feet is reasonable
as well as a 5 foot encroachment into the 40 -foot- from - centerline setback. Denial of the
variances 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 topographically affected
nature of the lot and the location of easements within the lot.
B. The existing dwelling footprint encroaches .9 (point nine) feet into the 40- foot -from-
centerline setback which is minimal considering the costs and effort associated with moving
or cutting the structure back within this setback. The proposed garage addition does not have
quite the same degree of difficulty in that it does not already exist. While a garage is
certainly a desirable thing to have in Kodiak, it is not essential to the establishment of a
reasonable use in the R2 zoning district. Many homes in Kodiak do not have such garage
additions or accessory buildings available to them. Nevertheless, the City of Kodiak has
evaluated the petitioner's revised request and determined that a 5 -foot encroachment into the
40 -foot- from - centerline setback can be accommodated without objection as it would not
interfere with planned future road upgrades.
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.
A. Granting of the variances for the existing residential structure to encroach into the front and
side yard setbacks will not result in direct material damages or prejudice to other properties by
allowing greater building height than what the property is already entitled to under the R2
zoning standards. Based on the concerns expressed by other property owners in the area
pertaining to the issue of proposed building height (which is not a subject of these variance
requests) staff has recommended a slight reduction in overall building height for all floors that
may be developed on Lot 3A to a maximum of 32 feet. This is about a 10% reduction in
building height to what the property would nonnally be entitled to. While the petitioner may
be able to skirt this issue by making certain changes to the development plan, the commission
can attempt to ameliorate the impact of building height by requiring a condition of approval
that could provide a reasonable off -set for the minor encroachments noted on the site plan if it
believes the two issues are linked. Where the proposed 22 by 26 foot garage addition would
be located 7.5 -feet in the adjusted 12.5 foot front yard setback, the garage enclosure should be
limited to one story and 15 feet in height (as measured using the building code methodology
from street grade).
B. Granting the variance to allow the proposed garage to encroach 5 feet into the required 40-
foot- from - centerline setback would not prejudice future road and right -of -way improvements
as outlined in the revised letter from the City of Kodiak letter dated April 20, 2010. The
existing dwelling footprint has a .9 (point nine) foot encroachment into the 40- foot -from-
centerline setback which is a 2.25% variance compared to the proposed garage which
represents a 12.5% variance from the adopted standard. Given that the intent of the 40 -foot-
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from - centerline setback is specifically intended to preserve the right -of -way from structural
encroachments, and to ensure traffic safety, the encroachment of the house is minimal and the
proposed garage moderate but acceptable.
17.66.050 AA.The granting of the variance will not be contrary to the objectives of the
Comprehensive Plan.
A. The grant of the variance will not be contrary or detrimental to the objectives of the
Comprehensive Plan. This area is designated for residential development.
B. Same as for A.
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.
A. The actions of the applicant have not caused special conditions or financial hardship from
which relieve is being sought by variance. The existing dwelling structure is nonconforming
in its present location (to the extent noted on the site plan) and excepting the "sewing room
addition" which is proposed to be removed as part of the redevelopment of the property. The
proposed additions will not be constructed until the commission has ruled on these variance
requests and determined the appropriate level of relief necessary to grant by variance, if any.
B. Same as for A.
17.66.050 A.6.That the granting of the variance will not permit a prohibited land use in the
district involved.
A. 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.
B. Same as for A.
If you have any questions about the action of the Commission, please contact the Community
Development Department at 486 -9363.
Sincerely,
Sheila Smith, Secretary
Community Development Department
CC: Nova Javier, Borough Clerk
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