2013-10-16 Regular Meeting PLANNING AND ZONING COMMISSION RECEIVED
REGULAR MEETING OCTOBER 16, 2013 6 30 ?.m.
KODIAK ISLAND BOROUGH ASSEMBLY CHAMBERS DEC 1 0 2013
MINUTES
CALL TO ORDER BOROUGH CLERICS OFFICE
KODIAKK,,ALASKA u�\
CHAIR TORRES called to order the October 16, 2013 Regular Meeting oa use rlannmg&
Zoning Commission at 6:30 p.m.
PLEDGE OF ALLEGIANCE
CHAIR TORRES led the pledge of allegiance.
ROLL CALL
Jennifer Richcreek requested excusal.
Commissioners present were Alan Torres,Alan Schmitt, Kathy Drabek, and Frank Peterson.
Excused was Jennifer Richcreek.
COMMISSIONER SCHMITT MOVED to excuse Jennifer Richcreek.
VOICE VOTE ON MOTION CARRIED UNANIMOSLY
Community Development Department staff present was Director Pederson, , Jack Maker,
and Sheila Smith.
APPROVAL OF AGENDA
COMMISSIONER SCHMITT MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
MINUTES OF PREVIOUS MEETINGS
COMMISSIONER PETERSON MOVED to approve the September 18, 2013 Planning &
Zoning Commission minutes.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS AND APPEARANCE REQUESTS
None
PUBLIC HEARINGS
A) CASE S14-001. Request Preliminary approval to replat Lot 12, Block 4, Airpark
Subdivision and Tracts C-3, D-3, and D-4 of USS 1396 to Lot 1, K.E.A. Subdivision,
including vacation of utility easements. (KIBC 16.40). The applicant is Kodiak
Electric Association and the agent is CRW Engineering Group, LLC-Mike Jokela. The
location is 1614 Mill Bay Road, 1690, 1711, & 1713 Chichenoff Street. The zoning is
B-Business.
Bob Director Pederson gave a brief report stating this is a straight forward replat and
vacation of utility easements. Staff's recommendation is approval of this request.
COMMISSIONER SCHMITT MOVED to grant preliminary approval to replat Lot 12, Block 4,
Airpark Subdivision and Tracts C-3, D-3, and D-4 of USS 1396 to Lot 1,.K.E.A. Subdivision,
including the vacation of easements, subject to the conditions of approval contained in the
P&Z Minutes Page I of 9 October 16, 2013
staff report dated October 4, 2013, and to adopt the findings as presented in the staff report
dated October 4, 2013, as "Findings of Fact" for Case No. S14-001.
The public hearing was opened. Public testimony was given by:
Alice Job, KEA representative spoke in support of this request and to answer questions.
•
The public hearing was closed.
CONDITIONS OF APPROVAL
[1] Consistent with Kodiak Island Borough Code 16.60.060, the easement vacations must
receive City of Kodiak approval prior to becoming effective.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of
plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans
for this area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B) CASE 14-007. Request a Conditional Use Permit allowing the establishment of a
warehouse (KIBC 17.200). The applicant is Samuel I. Rohrer. The agent is John Arndt.
The location is 2522 Selief Lane. The zoning is RB-Retail Business.
Director Pederson reported this is request for a warehouse in the Business District that
also included some outdoor storage. The applicant has elected to drop the outdoor storage
at this time.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit allowing the
establishment of a warehouse on Lot 7B, Industrial Park Subdivision (KIBC 17.200), subject
to two (2) conditions of approval contained in the staff memorandum and to adopt the
Findings of Fact contained in the staff memorandum as "Findings of Fact" for Case No. 14-
007.
The public hearing was opened. Public testimony was given by:
Sam Rohrer stated he feels his request matches the spirit and character of how the rest of
the area is being developed.
COMMISSIONER SCHMITT stated Rohrer's lot is presently zoned Retail Business and you
also have an interest in Lot 8 that is zoned Light Industrial. COMMISSIONER SCHMITT is
wondering if rezoning all the lots adjacent to Light Industrial. COMMISSIONER SCHMITT
requested staff to look into a manner of initiation of rezoning the area.
Chaco Pearman also a property owner in the area which is outdoor storage and is in
support of Rohrer's request due to all the other storage properties in the area.
Chris Wing also a property owner in the area gave the history of how Rohrer's property
was rezoned to Retail Business. Wing said this is apparently an Industrial area, the uses are
towards the industrial side and he supports the request, it fits in with the neighborhood.
The public hearing was closed.
Brief discussion and COMMISSIONER SCHMITT reiterated that staff look into rezoning the
area.
P&Z Minutes Page 2 of 9 October 16, 2013
CONDITIONS OF APPROVAL
[1] Consistent with Kodiak Island Borough Code 16.60.060, the easement vacations must
receive City of Kodiak approval prior to becoming effective.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper preparation of
plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted Borough plans
for this area.
ROLL CALL ON MOTION CARRIED UNANIMOUSLY
C) CASE 14-008. Request a variance to allow up to a zero (0) foot side yard setback
for a warehouse adjoining a public road right-of-way on Lot 1C, Lakeside
Subdivision, 2nd Addition pursuant to KIBC 17.195.050. The applicant is Musk Ox
Storage, LLC. The agent is Chris Wing. The location is 2430 Beaver Lake Drive. The
zoning is I-Industrial.
Director Pederson reported this variance was initiated with staff with the cooperation of
the applicant that will allow a building that's already under construction to have the
appropriate variance for the setbacks so it's a conforming structure in the future. Because
of the history of what happened it does meet the requirements of a variance. Staff
recommends approval.
COMMISSIONER SCHMITT MOVED to grant a variance to allow up to a zero (0) foot side
yard setback for a warehouse adjoining a public road right-of-way on Lot 1C, Lakeside
Subdivision, 2nd Addition pursuant to KIBC 17.195.050, and to adopt the Findings of Fact
contained in the staff memorandum, as "Findings of Fact" for Case No. 14-008.
The public hearing was opened. Public testimony was given by:
Chris Wing stated this project was started a couple of years ago with Cassidy as Director
and he also worked with Duane Dvorak to work through the zoning compliance permits; he
got the building permit, did the engineering and got the financing. Then we were issued a
stop work order. In hindsight it seems a reasonable response to the situation. The new
director seen the problem and if it's fixed so down the road it won't be an issue. We're
proceeding as the zoning compliance is now if this is approved. It says zero foot setback;
the footings actually stick out three feet underneath the walls so those are close to the
property line and the wall is three feet back. Wing feels the variance should be granted.
In response to COMMISSIONER SCHMITT inquiry of the site plan showing a utility
easement on the opposite side of the lot from where your warehouse will go; SCHMITT just
wanted to confirm that there aren't any easements underneath the building, is that correct?
Wing responded that is correct, that utility easement is for water and sewer to Lot 1D
which we also own. When we started the construction we stubbed in the water and sewer
to that lot so it would be out of the way when this construction started so construction
wouldn't be interrupted.
In response to COMMISSIONER SCHMITT S question of is this a solid wall that's all along
Beaver Lake Drive, Wing responded that it's a solid wall with one man door that goes to a
boiler room; that's the only door on that side and has no interior doors.
P&Z Minutes Page 3 of 9 October 16, 2013
Sam Rohrer stated he's right down from Wing's property and wanted to show his support
for Wing's project and asked that the commission approve his variance.
Chaco Pearman stated he's also a property owner in the area and he's there to support
Wing's variance and hopes the commission grants it. It will be good for the borough that
will collect a lot of property taxes off it when it's done plus it will help develop the area in a
manner that fits in with the rest of the area.
During discussion there was consensus on the requirements being met. COMMISSIONER
SCHMITT commended Wing on the cleanup that has been done to improve the area and
add to the tax base. CHAIR TORRES said in the future there needs to be more attention paid
so these issues don't come up again.
FINDINGS OF FACT
17.195.050 Al. 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:
The exceptional condition applicable to the property and its intended use is the fact that
Zoning Compliance Permit BZ-2012-041 was issued in error with a zero (0) foot side yard
setback along a property line abutting a public road right-of-way. The twenty (20) foot
side yard setback requirement pursuant to 17.105.040.B may only be reduced to less than
twenty (20) feet for approved firewall construction between adjoining structures. As a
street side corner lot, no adjoining structure can be constructed on the road right-of-way
side of the subject property line.
17.195.050 A.2. That the strict application of the provisions of this title would result in
practical difficulties or unnecessary hardship•
Strict application of the twenty (20) foot side yard setback requirement would result in an
unnecessary hardship on the property owner. The error was the result of Borough action.
The property owner has commenced construction and expended funds in reliance on the
zoning compliance approval and subsequent building permit.
17.195.050 A.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;
Granting the variance will not materially damage or prejudice other properties in the
vicinity or be detrimental to the public's health, safety, or general welfare, as all building
code requirements will be met.
17.195.050 A.4. That the granting of the variance will not be contrary to the obiectives of
the comprehensive plan:
Granting the variance will not be contrary to the objectives of the comprehensive plan.
17.195.050 A.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
The special condition from which relief is being sought was caused by an administrative
error on the part of the Borough.
17.195.050 A.6. That granting the variance will not permit a prohibited land use in the
district involved.
Granting the variance will allow the construction of a warehouse; a permitted use in the (-
Industrial zoning district.
P&Z Minutes Page 4 of 9 October 16,2013
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
D) CASE 14-006. Request a Screening Review for a combination of six (6) foot high
chain link fencing and Sitka spruce trees along the west side of the lot as adequate
screening. The applicant is Musk Ox Storage, LLC. The agent is Chris Wing. The
location is 2430 Beaver Lake Drive. The zoning is I-Industrial.
Maker reported staff feels the applicant's proposal is adequate screening between his
property's warehouse and the adjacent residentially zoned lots. Staff noticed the
applicant's site plan did locate the trees in the right-of-way. To ensure that issue is
addressed staff recommends approval of the proposed screening plan with the adoption of
a specified condition of approval to ensure all the trees and fencing are located completely
on his parcel.
COMMISSIONER SCHMITT MOVED to approve a combination of six (6) foot high chain link
fencing and Sitka spruce trees along the west side of Lot 1C, Lakeside Subdivision, 2nd
Addition as adequate screening (KIBC 17.105.060.G), subject to one (1) Condition of
Approval.
The public hearing was opened. Public testimony was given by:
Chris Wing stated to the best of his knowledge this screening is to guard against industrial
use bothering the residential use that borders it. The elevation of the lot is about 12 feet
higher than the road surface of Von Scheele. Residential use is on the back side of the
building but there's no traffic there so that side is shielded, as we come around on Von
Scheele up to the electrical easement, on the other side of the easement is the end of the
fence and the driveway starts there so that fencing will shield the residential side. The
elevation, natural vegetation, and the chain link fence should provide adequate screening.
The other side is Threshold Recycling and we owns Lot 1D which is also zoned Industrial
screening is not required. In reading the description of required screening they like natural
vegetation and it seems like the logical choice.
Sam Rohrer stated he pointed out as a professional landscaper; Spruce trees are more than
adequate for screening. His lot down the road is also screened with Spruce trees so it fits in
nicely with what the other area has.
CONDITION OF APPROVAL
1. The combination of six (6) foot high chain link fencing and Sitka spruce trees shall be
located entirely within the boundaries of the subject parcel.
COMMISSIONER SCHMITT commended Mr. Wing once again so this will be a big addition
and improvement to the area.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
E) CASE 14-005. Request an Appeal of an Administrative Decision ordering the
cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor
storage of an RV not incidental and subordinate to the hotel use on Airport Lease, Lot
1 & 2, Block 1400, United States Survey 2539 (KIBC 17.220). The applicant is the
Kishan Group Inc. The agents are Kelly and Angela Huffaker. The location is 1395
Airport Way. The zoning is B-Business.
Maker stated this request seeks a reversal to the notice of violation order administrative
decision that was a result of staff investigation into a signed zoning violation complaint.
P&Z Minutes Page 5 of 9 October 16,2013
The allegations of that complaint were the use of an RV on the property as a dwelling unit.
Our investigation revealed an RV fifth wheel trailer had been used on a regular seasonal
basis for at least two years on the property. The use of an RV as a dwelling on a Business
use property on an individual lot is not allowed by the Kodiak Island Borough Code. It's not
a permitted use, listed as a permitted use, and nor is it listed as a conditional use. We
ordered the cessation of the recreational vehicle as a dwelling unit on the referenced
property. This will be divided into two parts because we also have an issue with outdoor
storage. With regards to the dwelling unit, Mr. Mrs. Huffaker have suggested the
conditional use or the variance process as a solution to allow the continued use as a
dwelling use. A variance would be a use variance that is illegal by State Statutes. Further
investigation brought up the outdoor storage of the RV while they aren't residing and off
island. The Huffaker's stated the hotel is their residence and they should be able to store
the RV that it's incidental to the hotel use. Review of the property file shows there's a 50
room hotel and the cited the definition of the hotel guest room based on KIBC 17.25.090.
No legal dwelling has been established on that property, therefore; it was determined since
no legal dwelling is on the property and since a portion of the time they were on the
property living in the RV it couldn't be considered a legal residence. The outdoor storage of
the RV was not in the requirements of Title 17 due to the fact that no zoning compliance
permit has been issued to establish the use of outdoor storage on that property. Staff feels
the appeal does not provide any basis in code or new information to justify the reversal of
the director's determination and recommend the commission affirm the director's
determination and deny the appeal.
CHAIR TORRES stated this is an appeal case and the only people who can respond are the
people who have provided written or oral testimony on record prior to this, and it starts
out with the appellants having a 10 minute time limit to discuss his thoughts.
Director Pederson read the section from the code regarding appeals in 17.22.040A Appeal
hearing to the code, at the hearing to the commission only persons who have received
written notice of the appeal or submitted written comments may present oral argument.
Since we didn't receive any written comments it would only be those who received written
notice other than the appellants. They have 10 minutes and then 10 minutes for rebuttal at
the end.
CHAIR TORRES asked the appellants for their 10 minute testimony. ,
Appellant Mr. Huffaker stated he is the Resident Manager of the Comfort Inn and has been
for the last eight years. We've lived on site and there is a one bedroom apartment in the
hotel which they do live in. The fifth wheel, we bring labor in through the tourist season.
We have one room set up for onsite housing for our domestic help and then we have our
apartment. We've had to import so much help in the last five years that three years ago we
bought this fifth wheel and from May until November we live in the fifth wheel. The end of
November we move back into our apartment because the temporary help have left. The
fifth wheel has been on the property for five years and we have owned it for three years.
We've done this every year for the last three years and have never had any problems. We
have a contract with the local septic that comes once a month to pump it. We are hooked up
to water and electric to the hotel. There is also an office in the fifth wheel that we work out
of during the summer.
Appellant Mrs. Huffaker stated the apartment has a bedroom, living room, and full kitchen
that allow the 5 people we bring in during the summer a common area to cook and
P&Z Minutes Page 6 of 9 October 16,2013
cohabitate. By them doing that we either have to move in to the fifth wheeler or occupy
other space in the hotel. If we are occupying more space in the hotel then that's taxes that
aren't being paid to the borough.
There were no questions for the appellants.
There was no one to speak on the appeal that received written notice or submitted written
comments.
CHAIR TORRES gave the appellants a 10 minute rebuttal which they did not wish to utilize.
The secretary reminded the commission that there has not been a motion made yet.
COMMISSIONER SCHMITT MOVED to affirm the Administrative Decision ordering the
cessation of the use of a recreational vehicle (RV) as a dwelling unit and outdoor storage of
an RV not incidental and subordinate to the hotel use on Airport Lease, Lot 1 & 2, Block
1400, United States Survey 2539, and to adopt the Findings of Fact as presented in the staff
memorandum as "Findings of Fact" for Case No. 14-005.
COMMISSIONER SCHMITT MOVED to go into deliberations on this case.
ROLL CALL VOTE ON MOTION TO GO INTO DELIBERATIONS CARRIED UNANIMOUSLY
FINDINGS OF FACT
1. A recreational vehicle is being used as a dwelling unit on the property on a regular basis
each summer season.
2. A recreational vehicle is being stored on the property on a regular basis when it is not
occupied.
3. A variance is not an allowable option to permit the continued use of a recreational
vehicle as a dwelling unit on the property. The use is not permitted in the B-Business
Zoning District; therefore, any variance permitting that use would be a "use" variance.
Use variances are illegal as a matter of Alaska state law (AS.29.40.040).
4. A conditional use permit is not an appropriate option to permit the continued use of a
recreational vehicle as a dwelling unit on the property. The use is not listed as a
conditional use in the B-Business Zoning district; therefore, no conditional use permit
can be issued.
5. Zoning compliance has not been issued to establish an outdoor storage use on the
property.
ROLL CALL VOTE ON MAIN MOTION CARRIED UNANIMOUSLY
CHAIR TORRES recommended the Huffaker's continue to work with staff to try to find a
solution.
Director Pederson cited Code Section 17.215.020 regarding the appeal process.
OLD BUSINESS
None
NEW BUSINESS
None
P&Z Minutes Page 7 of 9 October 16, 2013
COMMUNICATIONS
A) Planning& Zoning Public Hearing Results Letter to the Applicant
Director Pederson reminded the commission of the October 23rd Code Revision Work
Session next week
COMMISSIONER SCHMITT MOVED to accept communications,
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A) Meeting schedule:
• October 23, 2013 Planning & Zoning Code Revision Work Session to review the
Draft Code Revisions at 6:30 p.m. in the KIB Conference Room
• October 30, 2013 Planning & Zoning Code Revision Work Session to review the
Draft Code Revisions at 6:30 pm in the KIB Conference Room
• November 13, 2013 work session at 7:30 p.m. in the KIB Conference room
• November 20, 2013 regular meeting at 7:30 p.m. in the Assembly Chambers
B) Minutes of Other Meetings
• September 3, 2013 Parks & Recreation Committee
C) Abbreviated & Final Approvals - Subdivisions
Director Pederson (inaudible) AML coming up. We also have an application for a Borough
Seat on the Planning&Zoning Commission.
CHAIR TORRES MOVED to accept communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
AUDIENCE COMMENTS
None
COMMISSIONERS' COMMENTS
Kathy Drabek said it's been great working with Frank Peterson and wished him luck.
Alan Schmitt concured with Drabek's comments. It's nice to have youth and energy on the
commission and now on the assembly. Maybe there's still folks hanging out in the hall,
there are still vacancies on the commission.
Alan Torres thanked Peterson also and said he hates seeing people go and wished him well.
He also said there are a lot of good classes at AML and recommended the Planning & Zoning
Commission 101on November 17th and the rest of the classes are on the 18th & 19th It's
really good training.
Sheila Smith stated they are already signed up for the P&Z 101.
FrankPeterson stated it's been a pleasure but brief being on the P&Z. The thanked Drabek
who asked him to apply for the commission. The results have been rewarding. He he's
learned a lot. He's grateful to the staff, Sheila Smith, and Jack Maker; you've all been great at
answering questions and helping him. He thanked everyone.
DELIBERATIONS
The commission went into deliberations earlier for Case 14-005.
P&Z Minutes Page 8 of 9 October 16,2013
ADJOURNMENT
COMMISSIONER SCHMITT MOVED to adjourn.
CHAIR TORRES adjourned the regular meeting at 7:44 p.m.
KODIAK ISLAND BOROUGH
PLANNING &ZONING COMMISSION
Y
Alan Torres, Chair
ATTEST
By: Oa
Sheila Smith
Community Development Department
APPROVED: November 20, 2013
P&Z Minutes Page 9 of 9 October 16,2013
