KIB Image Overlay Map

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1 KIB Image Overlay Map I Image Overlay Case No Applicant:Don & Suzanne Bobo & 9 5A A Variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ) B 30 1A High Street 40 Lightfoot Avenue 7A Thorsheim Street Image Overlay Feet Legend Willow Street 417 Cedar Street Subject Parcel I 5 Kodiak Island Borough GIS (907) Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. Date Created: 9/11/017

2 KIB Location & Zoning Map I Location & Zoning Map Case No Applicant: Don & Suzanne Bobo 4 8 & 9 5A A Variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ) A A Lightfoot Avenue B!( !( 3!( Thorsheim Street Willow Street High Street Cedar Street Zoning Legend Public Use Lands Multi Family Residential Single Family Residential Business Two Family Residential Legend Subject Parcel Kodiak Island Borough GIS (907) Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. Access Roads Unconstructed Right of Ways

3 STAFF REPORT AND RECOMMENDATION Case A variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ). DATE: October 10, 017 TO: FROM: SUBJECT: CASE: Planning and Zoning Commission Community Development Department Staff Report and Recommendation APPLICANT: Don & Suzanne Bobo LOCATION: 414 Thorsheim St. LEGAL DSC: Lot 5, Block 7, Aleutian Homes Subdivision ZONING: NOTICE: R-Two-Family Residential District Sixty-six notices were mailed on August 31 st, 017. One public comment was received in favor of the request as of the date this report was prepared. SITE VISIT: September 3, Zoning History: This land was zoned R- Residential in 1968 zoning as published in the 1968 Comprehensive Plan. Lot Size: 5,40 square feet 3. Existing Land Use: Single-family residence with accessory buildings 4. Surrounding Land Use and Zoning: Surrounded by residential zoning and residential land use 5. Comprehensive Plan: The 1968 Comprehensive Plan showed this area as planned for High-Density Residential The 008 Comprehensive plan showed this area as planned for Urban Residential 6. Applicable Regulations: The following sections of Title 17 (Zoning) of the Borough Code are applicable to this request: KIBC 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. KIBC 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.

4 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;. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship; 3. That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public s health, safety or general welfare; 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan; 5. That actions of the applicant did not cause special conditions or financial hardship or inconvenience from which relief is being sought by a variance; and 6. That granting the variance will not permit a prohibited land use in the district involved. B. Denial. If the commission finds, after consideration of the investigator s report and receipt of testimony at the public hearing, that it cannot make all of the required findings in subsection A of this section it shall deny the variance. STAFF ANALYSIS The house on this property was built in 1951, while the shop was constructed sometime in the 1980s. Although the shop seems to have been built without permits and after the June 5, 1980 grandfather date, a November, 1983 building permit notes the shop s existence, and a 003 zoning compliance permit (CZ03-015) for a deck replacement includes an as-built survey clearly showing the shop as it existed until recently (including a protrusion of part of the shop across the eastern property line which has since been removed by the property owner, and verified by staff). Thus, the Community Development Department has been aware of the setback encroachment at different times and across different property owners, but taken no enforcement action. Additionally, assessment documents in the file from as far back as 1993 note the existence of the shed, and include its worth in total assessment valuation. The reason this shop and its encroachment into the rear setback and utility easement is now an issue is because of HUD/FHA regulations on mortgage lending for single-family houses. The December 016 FHA Single Family Housing Policy Handbook states in Section II.A.3.A that in order for a property to be eligible for FHA support: The Mortgagee must ensure the subject s dwelling, garage, or other improvements do not encroach onto an adjacent Property, right-ofway, utility Easement, or building restriction line. Although conventional loans and the VA may loan on this home as is, the stipulation above means that some federal housing lenders will not. The current property owners wish to make this property available to as wide a range of potential homeowners as possible, and so are seeking to remove or normalize any obstacles which could create problems in the future. When the property owners applied for a vacation of a portion of the existing utility easement running under a portion of the shop in question, staff was obligated to note the existing encroachment, and encouraged the submission of a variance application.

5 To assist the Commission in their decision on this case, the below listing of the variance approval criteria followed by the applicant s response and staff analysis is provided. Variance Approval Criteria 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. Applicant Response 1.) Property is on a steep grade there is no vehicular access to the back at all. No structure could possibly be placed near it. Access by utility comes from below (adjoining property). Utility line is low voltage and KEA has stated no issue with vacating 5ft of the easement. We have applied for a vacation through the preliminary plat subdivision process. Staff Analysis This property sits on a steep grade and the encroaching building has stood for more than 30 years.. That the strict application of the provisions of this title would result in practical difficulties or unnecessary hardship. Applicant Response The workshop is a very attractive, well-built structure and an asset to the neighborhood. Due to its inaccessible (by vehicle) placement, to rebuild it to conform or to remove would cost $10,000 or more. This structure has stood for several decades with no adverse impact. Staff Analysis As the applicant mentions, this structure has stood for several decades with no adverse impact to surrounding properties. Though the applicants were able to purchase this property with this existing encroachment, they would like to remove obstacles for future homeowners by bringing it into compliance. Demolishing the structure would be very expensive and reduce the value of the home (yet add to the cost of the sale). 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. Applicant Response The workshop s proximity to the property line does not interfere with the adjoining property, as the hillside grade prevents it. KEA has stated it has no concerns about the placement of buildings in this easement, and will support vacation of 5 of the easement. Staff Analysis

6 The workshop has stood in the same place for several decades with no problems or complaints on file. KEA has stated that they will support the vacation of 5 of the easement, and no neighbors have commented negatively on the case. The City of Kodiak has expressed concern that they might have sewer infrastructure underneath the structure, but they are not able to provide up-to-date records of the exact location of their network. With the condition outlined below requiring the property owner to record the vacation of 5 of this easement within a one year period, granting this variance will not have any physical resultant effect. 4. That the granting of the variance will not be contrary to the objectives of the comprehensive plan. Applicant Response We could find no objective this would violate. The comprehensive plan mentions keeping housing affordable and accessible for residents. Staff Analysis Granting this variance would be in line with the objectives of the Comprehensive Plan. The 008 Comprehensive Plan identifies this area as Residential for future land use, and relevant sections include: Land Use Goal: Regulate and manage land uses to balance the rights of private property owners with community values and objectives. o Policies: Maximize compatibility of adjacent land uses and minimize conflicts through zoning, buffering, design standards, and other means. o Implementation actions: Identify an adequate supply of land in each community to meet future residential and other land development needs based on future population and employment growth projections, assumptions about the type and land requirements for projected uses and conditions or restraints that may affect development. Housing Goal: Help ensure that an adequate supply of land for housing and a sufficient stock of housing, including affordable housing, are available for Borough residents. 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. Applicant Response The workshop was built over 30 years ago. We did not own the property when it was built. Staff Analysis The applicants did not build the structure and are attempting to bring a long-standing nonconformity into compliance to make the property more accessible to a wider range of buyers in the future. The applicants did not know the structure was non-compliant when they purchased the property.

7 6. That granting the variance will not permit a prohibited land use in the district involved. Applicant Response It would not. Accessory buildings are allowed in the R zone. Staff Analysis The R-Two-Family Residential zone allows accessory buildings. CONCLUSION Staff has determined that this request meets all the conditions necessary, as reflected in the findings of fact, for a variance to be approved under Chapter (Variances) of the Borough Code, subject to one (1) condition of approval. APPROPRIATE MOTION Should the Commission agree with the staff recommendation, the appropriate motion is: Move to approve a variance, subject to one condition of approval, to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ), and to adopt the findings of fact listed in the staff report dated October 10, 017 for case No CONDITION OF APPROVAL This variance shall become effective upon the recording of the vacation of at least a 3.1 portion of the 10 wide utility easement that runs along the rear of Lot 5, Block 7, Aleutian Homes Subdivision (Case No. S18-004) and shall be cancelled if this vacation is not recorded within 1 months of the commission s decision. FINDINGS OF FACT (KIBC A.1-6) 1. There are physical circumstances or conditions that are unique to this parcel, specifically its location atop a bluff on a steep grade. The slope in this area makes amending or extracting the encroaching structure difficult.. Strict application of the zoning ordinance would result in practical difficulties including the cost of demolishing a long-standing structure, and increased cost to the property overall. Adding to increases in housing costs is contrary to specific economic goals, policies, and implementation actions listed in the 008 Comprehensive Plan. 3. Granting this 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. The granting of this variance is consistent with land use and housing goals, policies, and implementation actions identified in the 008 Comprehensive Plan, especially those which relate to ensuring conditions for affordable housing in Kodiak.

8 5. The applicant is not seeking relief from a self-imposed condition. The condition in question existed before the current owners purchased the property. 6. Granting the requested variance would not result in a prohibited land use in the R-Twofamily Residential District, as accessory buildings are allowed in this zone. 7. The condition of approval will ensure that granting the variance will not permit the subject building to encroach into a platted utility easement.

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20 KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT 710 Mill Bay Road, Kodiak, Alaska (907) August 31, 017 Public Hearing Item 7-C PUBLIC HEARING NOTICE A public hearing will be held on Wednesday, October 18, 017. The meeting will begin at 6:30 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: Don & Suzanne Bobo REQUEST: A Variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ). LOCATION: 414 Thorsheim Street ZONING: R-Two-family Residential This notice is being sent to you because our records indicate you are a property owner/interested party in the area of the request. If you do not wish to testify verbally, you may provide your comments in the space below or in a letter to the Community Development Department. Written comments must be received by 5 pm, Tuesday, October 3, 017 to be considered by the commission. If you would like to fax your comments to us, our fax number is: (907) , or you may your comments to ssmith@kodiakak.us. 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 The toll free telephone number is One week prior to the regular meeting, on Wednesday, October 11, 017, a work session will be held at 6:30 p.m. in the Kodiak Island Borough Conference Room (#11), 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 Your Name: Mailing Address: Your property description: Comments:

21 PUBLIC HEARING ITEM 7-C Case Location 414 Thorsheim St. Applicant Don & Suzanne Bobo A 115 PT. 4 PT. 4!( PT PT PTN PT C 0 407!( PT A & B 30 High Street East Hillcrest Street 5A!( Lightfoot Avenue 410 Cedar Street Hillside Drive !( A Oak Avenue 1A 6B !( 7!( 8!( 10A POLICE FIRE STA Public Hearing Notice Feet Request a Variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7, Aleutian Homes Subdivision (KIBC C and ) B 6A A 30 1A 0A B A A A !( LIBRARY Thorsheim Street A Willow Street !( !( !( Legend Willow Circle Subject Parcel Notification Area Carolyn Street 61 Hemlock Street Wilson Street 611 Lower Mill Bay Road µ CE Kodiak Island Borough GIS (907) Community Development Department This map is provided for informational purposes only and is not intended for any legal representations. Access Roads Unconstructed Right of Ways

22 FIRST_NAME LAST_NAME MAIL_LINE_ MAIL_LINE1 MAIL_CITY MAIL_STAT _ZIP ARNULFO ACORDA ETAL 419 WILLOW ST KODIAK AK DELONIO AGONOY 516 WILLOW ST KODIAK AK HECTOR ALEJANDRO 419 WILLOW STREET KODIAK AK EDWIN S ALEJANDRO 419 WILLOW STREET KODIAK AK MELVIN ALONZO 510 THORSHEIM ST KODIAK AK STEVEN AMES P O BOX 74 KODIAK AK ANCHOR APARTMENTS LLC PO BOX 613 KODIAK AK LAURENCE ANDERSON P.O. BOX 1013 KODIAK AK MARIA ARIAS ETAL 411 BIRCH AVE KODIAK AK ALAN AUSTERMAN 401 LIGHTFOOT AVE KODIAK AK BRIAN S BAADER 136 N MILL DAM RD CAMDEN NC 791 DEMETRIA M. BARCELON P O BOX 77 KODIAK AK IMMANUEL BERGEE P O BOX 1945 KODIAK AK TERESA C BISHOP ETAL 40 MARINE WAY STE 300 KODIAK AK MARK BLAKESLEE PO BOX 356 KODIAK AK DON BOBO 71 DEL MAR DR GRAND JUNCTION CO ABELARDO BUGARIN 514 WILLOW ST KODIAK AK PHYLLIS A CARLSON FOX FARM TRAIL JUNEAU AK ERIC CARLSON PO BOX 8534 KODIAK AK ALEXIS CHICHENOFF JR PO BOX 15 KODIAK AK CITY OF KODIAK PO BOX 1397 KODIAK AK OFELIA CORREA 515 THORSHEIM ST KODIAK AK WILLIAM M COSTELLO PO BOX 547 KODIAK AK PAULINO CRUZ ETAL 413 CEDAR ST KODIAK AK DOUGLAS R DAWSON 1413 E KOUSKOV KODIAK AK HOBART DAWSON P.O. BOX 039 KODIAK AK AL DEGIES PO BOX 3115 ANDERSON IN KYLE EATON PO BOX 609 KODIAK AK ED VENTURES INC CANGE ST ANCHORAGE AK DANILO ERIBAL ETAL P O BOX 3317 KODIAK AK TOMMIE ESTEP 314 HIGH ST KODIAK AK FERDIE MAR ETRATA PO BOX 068 KODIAK AK FOREIGN MISSIONARY SOC 105 DENALI WAY FAIRBANKS AK ABERLARDO GALVEZ ETAL 417 WILLOW ST KODIAK AK 99615

23 KJ HERMAN PO BOX 3350 KODIAK AK CHARLES HILL 33 ERSKINE ST KODIAK AK GREGORIO T IBABAO 511 WILLOW ST KODIAK AK CLINT JOHNSON PO BOX 909 KODIAK AK THOMAS KELLY 8443 VALLEY BLVD JUNEAU AK KODIAK WOMEN RESOURCE CN PO BOX 1 KODIAK AK JEREMIAS LADISLAO JR 51 HILLSIDE DR KODIAK AK JOHN LAIRD 410 HILLSIDE DR #4 KODIAK AK JOHN LINDBERG P O BOX KWP KODIAK AK WILLIAM LOY C/O ISHMAEL VAUDRIN 417 CEDAR ST KODIAK AK LEONARD MARTIN ETAL 518 THORSHEIM ST KODIAK AK AGAPITO MIRANDA 511 THORSHEIM STREET KODIAK AK JOSE MONGE 410 WILLOW ST KODIAK AK MAGGIE E NEVIN PO BOX 660 KODIAK AK STEPHEN O'BRIEN 315 HIGH AVE KODIAK AK PETER OLSEN PO BOX 554 KODIAK AK PDG LLC 7730 CHARLOTTE CIRCLE ANCHORAGE AK 9950 RELLA MAE CORP SHELIKOF LODGE ADMIN OFFICE TH AVE, NE REDMOND WA 9805 PEDRO REYES PO BOX 976 KODIAK AK VALERIANA L RIVERA 415 WILLOW ST KODIAK AK ESTELA P ROBANCHO 1010 WILLOW STREET KODIAK AK RICHARD RUBINA 41 CAROLYN ST KODIAK AK JAYSON C SABANGAN 15 WILLOW STREET KODIAK AK BARBARA E SALTONSTALL PO BOX 8818 KODIAK AK ALAN SKAW PO BOX 84 KODIAK AK WES SKINNER 4091 BLACKWELL ST SEMMES AL JEWEL STOGNER 514 HILLSIDE DR KODIAK AK SHERYL L THORSEN PO BOX 805 KODIAK AK JOSE H TOSTADO 313 THORSHEIM STREET KODIAK AK UNITED STATES POSTAL SERVICE 419 LOWER MILL BAY RD KODIAK AK RONALDO VALDEZ 43 WILLOW CIRCLE KODIAK AK TYLER J WILSON 311 HIGH STREET KODIAK AK 99615

24 Sheila Smith From: Sent: To: Subject: Vic Downing Sunday, October 01, 017 7:31 PM Sheila Smith Re: Case , Public Hearing, Property Owner in Support of Bobo Request for Variance Date: 10/1/17 Re: To: Case , Don and Suzanne Bobo, 414 Thorsheim Street, Public Hearing, Request Variance Kodiak Island Borough, Community Development Department From: Vic Downing 1817 Urdahl Loop, Kodiak, , I am writing in support of Don and Suzanne Bobo s request for a variance to allow an existing 16.4 foot x 4.3 foot accessory building to encroach 3.1 feet into the required 10 foot rear yard setback on Lot 5, Block 7 (KIBC and ). My reasons for support of this application are the following: 1. The accessory building has stood for more than 30 years in its present location with zero adverse impacts to any utility and zero complaints from any property owner. It is clearly not a problem nor has it ever been a problem.. KEA has already expressed (in writing) that it has absolutely no objection to vacating feet feet of the easement in question. If these conditions were applied to my neighbors, I would approve this encroachment into my property without any reservation. Thank you for this consideration. Vic Downing -- Vic Downing 1817 Urdahl Loop Kodiak, AK (907) vic@globaladvantageinc.net 1