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2017-09-20 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes September 20, 2017 Regular Meeting 6:30 pm -Borough Assembly Chambers CALL TO ORDER CHAIR ARNDT called to order the September 20, 2017 regular meeting of Plalni � ! 1 & Zoning Commission at 6:30 p.m. f PLEDGE OF ALLEGIANCE ! ..�CHAIR ARNDT led the pledge of allegiance. �----.----;�'�""`="`•'�'�'h� ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Alan Schmitt, Greg Spalinger (arrived 6:36 p.m.), Chris Hatch, and Colin Young. A quorum was established. Community Development Department staff present was Director Mason, Sheila Smith, and Jack Maker. APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER SCHMITT MOVED to approve the August 16, 2017 minutes. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll free is 1-855-492-9202. A) CASE 18-004. Request a Variance to reduce the off-street parking requirement from forty-six (46) spaces to thirty-six (36) spaces to allow for the construction of a 750 square foot second story outside deck addition to an existing small scale brewery on Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision (KIBC17.195 and 17.175.040.A). The applicant is Ben Millstein/Tangible Investments, LLC and the agent is Cache Seel. The location is 117 Lower Mill Bay Road and the zoning is B -Business. COMMISSIONER SCHMITT MOVED to grant a variance, per KIBC 17.175.040.A and 17.195, to reduce the off-street parking requirement from forty-six (46) spaces to thirty- six (36) spaces to allow for the construction of a 750 square foot second story outside deck addition to an existing small-scale brewery on Lots 17A and 17B, Block 16, Kodiak Townsite Subdivision, and to adopt the findings of fact listed in the staff report dated Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 1 September 6, 2017 and entered into the record for this case as "Findings of Fact" for Case No. 18-004. Maker handed out to the commission pictures. Maker reported that the brewery wishes to construct an outside deck addition above the covered entryway at the front of their building. The addition would expand the general assembly area by 750 square feet. The expanded area would increase the facility's total off-street parking requirement from 33 to 46 spaces (13 additional spaces are required for the deck). The current parking plan on file shows 33 spaces. A variance to reduce the total off-street parking requirement for the existing brewery with deck addition from 46 to 36 spaces is required for zoning compliance to be issued. Staff recommends approval of this variance. Open public hearing: Sharon Blakeslee spoke in favor of the request. Ben Millstein, applicant, spoke in favor of his request. Close public hearing: Commission discussion re: deck being accessed via stairs outside, entry/exit & stairwell, parking being a problem downtown, the non -complying caretaker residence in the accessory building not being figured into parking calculation, and parking calculations not being correct. FINDINGS OF FACT 1. The off-street parking requirements of Chapter 17.175 KIBC apply to the subject B - Business zoned property. Those requirements do not apply to other nearby B - Business zoned properties. As a result, special conditions in the form of off-street parking requirements apply to some downtown properties, but do not apply to other downtown properties that are in the same land use district. 2. The strict application of code would prevent the expansion of an existing business in a manner that would potentially benefit the downtown area. Preventing such development is contrary to specific economic goals, policies, and implementation actions listed in the Comprehensive Plan. 3. 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. The proposed deck will be constructed to meet the requirements of the adopted Building Code. There are ample public off-street parking areas that are capable of accommodating any overflow parking needs that may result from the proposed deck. In addition, the likely increase in foot traffic between the brewery and those parking areas has the potential to benefit other nearby businesses. 4. The granting of the variance is consistent with various land use and economic goals, policies, and implementation actions listed in the adopted Comprehensive Plan, particularly those that recommend support of downtown businesses and revitalization of the downtown area. 5. The actions of the applicant did not cause the special conditions from which relief is being sought. Those conditions are the result of changes in off-street parking requirements that have occurred since the construction of the subject building. 6. The granting of this variance will not permit a prohibited land use in the B -Business district. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 2 OLD BUSINESS None NEW BUSINESS A) FY2018-2022 Capital Improvement Projects List Director Mason reported there is a brief memo along with a new resolution that captures the work session discussion. She listed what was removed and what was added. COMMISSIONER SCHMITT MOVED to approve Planning and Zoning Commission Resolution FY2018-01. Commission discussion. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters B. Code Enforcement COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • October 11, 2017 Work Session -6:30 p.m. -Borough Conference Room • October 18, 2017 Regular Meeting -6:30 p.m. Due to upcoming APA conference, holidays, and staff travel, there was commission consensus to modify the October, November, and December meeting schedule: October work session -October 18, 2017, regular meeting -October 25, 2017, November work session -November 8, 2017 and the regular meeting- November 29, 2017; and the December work session -December 6, 2017 and the regular meeting -December 13, 2017. B. Minutes of Other Meetings COMMISSIONER PAINTER MOVED to acknowledge receipt of reports. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS Limited to three minutes per speaker. For agenda Items not scheduled for public hearing and general comments. Local phone number is 486-3231; Toll Free is 1-855- 492-9202. None STAFF COMMENTS Director Mason stated to make sure to give Smith their preferences for the conference. Jack Maker said next week he is going to the Hazard Mitigation Planning Workshop and then he is taking some annual leave. Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 3 COMMISSIONER COMMENTS Greg Spalinger said he would be out of town October 5th through December 13th weather permitting. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:22 p.m. ATTEST By: C' Sheila Smith, Secretary Community Development Department APPROVED: October 25, 2017 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Scott Arndt, Chair Kodiak Island Borough Planning & Zoning Commission Minutes September 20, 2017 Page 4