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2018-08-15 Regular MeetingKodiak Island Borough Planning and Zoning Commission Regular Meeting Minutes August 15, 2018 Regular Meeting CALL TO ORDER 6:30 pm -Borough OCT 1 2018 Chambers CHAIR ARNDT called to order the August 15, 2018 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE CHAIR ARNDT led the pledge of allegiance. ROLL CALL Commissioners present were Scott Arndt, Barry Altenhof, Maria Painter, Chris Hatch, and Dave Townsend. A quorum was established. Community Development Department staff present was Jack Maker, Sheila Smith, and Daniel Mckenna-Foster. APPROVAL OF AGENDA COMMISSIONER PAINTER MOVED to approve the agenda as presented. VOICE VOTE ON MOTION CARIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER PAINTER MOVED to approve the July 18, 2018 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. None PUBLIC HEARINGS Comments are limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. A) CASE 17-027. Request a Variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050, this request has been amended to reflect the actual variance required to accommodate an encroachment shown on a newly provided as -built survey). The applicant is Roy Fairman. The location is 415 Bayview Drive, Port Lions, and the zoning is R1 -Single -Family Residential District. Smith recommended this case be postponed to allow the applicant to withdraw his request and submit a new application with updated request because the motion is to grant more than what is requested. Maker said he spoke with the Manager and the Clerk and they were OK with it. Case 17-027 motion postponed at the June 27, 2018. Motion on the floor made at the October 19, 2016 regular meeting: COMMISSIONER PAINTER MOVED to approve a variance to allow an existing single-family residence to encroach 14 feet into the required front yard setback and 2 feet into the required side yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050) subject Kodiak Island Borough Planning & Zoning Commission Minutes August 15, 2018 Page 1 to the condition outlined in the staff report, and to adopt the findings of fact listed in the staff report dated May 18, 2017 and entered into the record as "Findings of Fact" for Case No.17-027. Case 17-027 motion was amended at the June 27, 2018 regular meeting and postponed to the August 15, 2018 regular meeting: COMMISSIONER BALDWIN MOVED to amend by striking "14" and inserting "19" after "encroach" and by striking "2 feet into the required side yard setback". COMMISSIONER PAINTER MOVED to approve a variance to allow an existing single-family residence to encroach 19 feet into the required front yard setback on Lot 9, Block 2, Port Lions Subdivision (KIBC 17.195 and KIBC 17.75.050) subject to the condition outlined in the staff report, and to adopt the findings of fact listed in the staff report dated May 18, 2017 and entered into the record as "Findings of Fact" for Case No. 17-027. Mckenna-Foster stated this case was originally heard at the June 24, 2017 regular meeting and postponed to the January 18, 2018 regular meeting. It was postponed again at the January meeting to June 27, 2018 regular meeting. During this time, the commission asked that the applicant provide an asbuilt for review. Prior to the June 271h meeting the applicant did provide an asbuilt that showed new information related to existing encroachments. Specifically, the new asbuilt showed no side yard setback encroachment but a front yard encroachment that exceeded what was requested so the motion was amended to reflect actual conditions by eliminating the side yard encroachments by increasing the variance for the front yard encroachment to 19 feet. Increased variances require that the request be re -advertised so advertising the actual encroachment on less than what the encroachment might be and causing it to be postponed to August 151' regular meeting. Mckenna-Foster talked about KIBC 17.195.050 that talks about approval or denial of a variance, the applicant's responses to the criteria, and the Comp Plan. COMMISSIONER PAINTER MOVED to amend the motion to strike "dated May 18, 2017" and inserting "dated August 1, 2018." ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. Open public hearing: Bill Nelson, Larsen BayMayor and Jane Petrich called regarding Case 19-002. Julie Kavanaugh said in the packet there were 2 letters that were in favor of the variance but from staff there was a comment from someone who is against the variance. She didn't see that letter in the packet. She was curious if that person lives next door or where and what that person's problem with the variance was. Mckenna-Foster said in this packet it's page 48. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to amend the motion to strike "19 feet and insert 10.2 feet." CHAIR ARNDT called a 5 minute recess at 7: 09 p.m. CHAIR ARNDT reconvenede the meeting at 7:14 p.m. COMMISSIONER PAINTER MOVED to amend the motion by striking "subject to the condition" and inserting "subject to 4 conditions: 1. The variance shall come into effect after the property owner has removed the encroaching portion of the wood shed shown on the provided asbuilt survey. 2. The property owner shall apply for after the fact zoning compliance for a single-family residence and any accessory buildings. 3. The property owner shall remove the wood shed indicated on the asbuilt survey in the front yard setback within 24 months. 4. Should the applicant fail to meet the first three conditions of approval this variance shall become null and void. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. Kodiak Island Borough Planning & Zoning Commission Minutes August 15, 2018 Page 2 ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. CONDITIONS OF APPROVAL 1. The variance shall come into effect after the property owner has removed the encroaching portion of the wood shed shown on the provided asbuilt survey. 2. The property owner shall apply for after the fact zoning compliance for a single-family residence and any accessory buildings. 3. The property owner shall remove the wood shed indicated on the asbuilt survey in the front yard setback within 24 months. 4. Should the applicant fail to meet the first three conditions of approval this variance shall become null and void. FINDINGS OF FACT 1. There are physical circumstances or conditions that are unique to this parcel. 2. Strict application of the zoning ordinance would result in practical difficulties including moving or demolishing part of a single-family residence. 3. Granting a variance would not adversely affect surrounding properties. 4. The variance is consistent with land use and housing goals and implementation actions identified in the Comprehensive Plan. 5. The applicant is not seeking relief from a self-imposed condition. 6. Granting the requested variance would not result in a prohibited land use in the R1 -Single- family Residential District. ROLL CALL VOTE ON MAIN MOTION AS AMENDED CARRIED 5-0 B. CASE 18-019. Request a Variance to allow construction of a single-family dwelling with a roofed front deck that encroaches 7 feet into the required 25 foot front yard setback and a roofed rear deck that encroaches 1 foot into the required 10 foot rear yard setback on Lot 2, Block 46, East addition Subdivision (KIBC 17.195,17.75.050.A, and 17.75.050.C). The applicant is Chris & Lisa Kostelecky. The location is NHN Rezanof Drive East (abuts 1423 Rezanof Drive East), and the zoning is R1 -Single -Family Residential District. COMMISSIONER ALTENHOF MOVED to grant a variance to allow construction of a single-family dwelling with a roofed front deck that encroaches 7 feet into the required 25 foot front yard setback and a roofed rear deck that encroaches 1 foot into the required 10 foot rear yard setback on Lot 2, Block 46, East addition Subdivision (KIBC 17.195, 17.75.050.A, and 17.75.050.C), and to adopt the findings of fact listed in the staff report dated August 1, 2018. Mckenna-Foster stated the parcel in question was initially created as a 5,000 sq. ft. lot and was reduced to its current size of 3,750 sq. ft. when the State of Alaska took an additional 1,250 ft. in 1963 for Right -of -Way along Rezanof Drive. It has been a non -conforming lot since the 1968 Comp Plan before most of the zoning rules existed. Open public hearing: None Close public hearing: Commission discussion FINDINGS OF FACT 1. There are exceptional physical circumstances or conditions applicable to this property including land absorbed into State of Alaska right-of-way which do not apply generally to other properties in the same land use district. 2. Strict application of the provisions of this title would result in practical difficulties or unnecessary hardship by limiting the property owner to a buildable area of around 1,600 square feet on a 3,750 square foot lot. 3. The proposed development is consistent with the existing development and character of the surrounding neighborhood. Consequently, the granting of 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. The proposed develop Kodiak Island Borough Planning & Zoning Commission Minutes August 15, 2018 Page 3 4. Granting of the variance will not be contrary to the objectives of the comprehensive plan. 5. The applicant did not cause the special conditions from which relief is being sought. The conditions were caused by a State land taking that resulted in the front property line of the subject parcel being further from the finished edge of the roadway than some of the other lots in the surrounding area. 6. The proposed land use is permitted in the R1 -Single -Family Residential district and granting the variance will not permit a prohibited use in that district. ROLL CALL VOTE ON MOTION CARRIED 5-0. C. CASE 19-002. Request an ordinance of the Kodiak Island Borough amending KIBC 17.10 (Comprehensive Plan) to incorporate the 2018 Larsen Bay Comprehensive Plan Annex Update. The applicant is the City of Larsen Bay. The location is all lands within the corporate boundaries of the City of Larsen Bay, and the zoning varies. COMMISSIONER HATCH MOVED to recommend that the Assembly of the Kodiak Island Borough approve the ordinance amending KIBC 17.10 (Comprehensive Plan), incorporating the 2018 Larsen Bay Comprehensive Plan Annex Update, and to adopt the findings of fact in the staff report dated August 01, 2018 for Case No. 19-002. Maker stated the 2008 Comp Plan was adopted on December 6, 2007 and hasn't been updated since its adoption. In June 2017, the Larsen Bay City Council, in response to several future land use designation change requests and rezone requests effecting lodges on R1 zoned properties in the City of Larsen Bay, submitted a resoltution to the borough requesting a formal review of Larsen Bay's Annex to the 2008 plan. The assembly directed staff to work with the City of Larsen Bay on that review in August 2017. Staff submitted a scope, schedule, and and a public (inaudible) Larsen Bay City Council for review and approval. Council approved the documents in November 2017 and the project was kicked off in December 2017. The original schedule showed it to be complete in June but due to scheduling issues it was pushed back to this meeting. Four public meetings were held in Larsen Bay, each PO Box holder and each property owner were sent notification of the project in order to ensure maximum awareness of the project. Staff determined this request is consistent with the objectives of the Comp Plan and satisfies the requirements of KIBC 17.10 and Alaska Statute 29.40. Staff recommends postponement of this request. Open public hearing: Bill Nelson, Larsen BayMayor and Jane Petrich called during the public hearing for Case 17-027 to request more time for the Larsen Bay Comp Plan Annex and that it be postponed. Terri Blondin spoke in support of postponement. There were quite a few people that were not present and she submitted a petition with signatures from other Larsen Bay property owners. Close public hearing: Commission discussion COMMISSIONER PAINTER MOVED to postpone Case 19-002 tol the October 17, 2018 regular meeting for an additional public hearing and to provide extra time to solicit public input. Maker stated he was directed by the assembly to draft two moratorium ordinances that apply to the City of Larsen Bay; one he has to have done by Monday but one was a moratorium against any enforcement of Title 17 in zoning violations that currently exist or existed prior to the time of adoption of this ordinance, and the other one was a temporary moratorium on the acceptance of certain land use applications, variances, CUP's, rezones, and Comp Plan future land use changes because of the impact this plan may have. The temporary moratorium would expire upon the final decision on this plan, and that was an idea of the assembly because they wanted to ensure these lodges, at least, get through this year without having to shut down due to potential liabilitities, having clients booked and other such things. It will take effect September 611 if it is passed. He was asked if it can include applications that were already submitted and he stated that it would put the borough in a position of being liable should we be taken to court because we should apply the plans already in place with the applications that we have, we have received one application from Randy and Terri Blondin and there could possibly be another one coming. Should the Kodiak Island Borough Planning 8 Zoning Commission Minutes August 15, 2018 Page 4 commission deny the Larsen Bay Comp Plan Annex then it dies there unless someone appeals to the assembly. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-0. D. CASE 19-001. Request an Planning and Zoning Commission Resolution No. FY2019-01 Recommending a Capital Improvement Projects Priority List for FY2018-2022. The applicant is the Planning and Zoning Commission. The location is borough wide and the zoning varies. COMMISSIONER HATCH MOVED to adopt Kodiak Island Borough Planning and Zoning Commission Resolution No. FY2019-01 recommending a capital improvement projects priority list for FY 2019-2023. Maker stated this item was placed July 18, 2018 regular meeting agenda and the commission determined a public hearing should be held so it is here before the commission at this meeting. The ordinance has been updated to reflect the proper introduction and adoption dates and it's the version that is before the commission for adoption. Staff recommends approval. Open public hearing: Julie Kavanaugh stated it was confusing to her because on the agenda the year is FY2018-2022 and the packet says FY2019-2023. She just wanted clarification on which one is correct. Close public hearing: Commission discussion -Amendments may be offered at this time. ROLL CALL VOTE ON MOTION CARRIED 5-0. OLD BUSINESS None NEW BUSINESS A. Prioritization of the KIBC Title 16 (Subdivision), 17 (Zoning), and 18 (Borough Real Property) amendment topics discussed at the July 11, 2018 Kodiak Island Borough Assembly/Planning and Zoning Commission Joint Work Session. Smith stated this case should be postponed and scheduled as a public hearing item. Once she read a little more she apologized for being wrong. COMMISSIONER TOWNSEND MOVED to approve forwarding the August 15, 2018 memo from the Planning and Zoning Commission to the Borough Assembly recommending that the Assembly direct staff to initiate a prioritized listing of KIBC Title 16 (Subdivision), 17 (Zoning), and 18 (Borough Real Property) amendments. Maker stated the commission discussed items for two or three months to bring a list to the assembly during the joint work session. Both the assembly and commission agreed on seven topics that we should move forward with. At last week's work session, we did go through it and it has been set with the priority agreed upon. Staff recommends it should be approved and forwarded to the assembly for final prioritization and direction of staff. Brief discussion ROLL CALL VOTE ON MOTION CARRIED 5-0. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER HATCH MOVED to acknowledge receipt of communications as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: Kodiak Island Borough Planning & Zoning Commission Minutes August 15, 2018 Page 5 • September 12, 2018 Work Session -6:30 p.m. -Borough Conference Room • September 19, 2018 Regular Meeting -6:30 p.m. COMMISSIONER TOWNSEND MOVED to acknowledge receipt of reports as presented. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS For agenda Items not scheduled for public hearing and general comments. Limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-855-492-9202. None COMMISSIONER COMMENTS STAFF COMMENTS Jack Maker said the September assembly work session, he's been asked to give a presentation or a staff report on "how do we get to the point we are at with these comprehensive future land use designation changes and rezones' and "What can we do to fix it?" He will let them know that it's on the agenda for the commission to discuss and he'll present the three different methods that Director Mason provided in the paperwork for the prioritized memo and he won't go as far to say which direction that he believes you are going to go. We can show the assembly that we are on it. ADJOURNMENT COMMISSIONER ALTENHOF MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY CHAIR ARNDT adjourned the meeting at 7:58 p.m. KODIAK ISLAND BOROUGH PLANNING AND Z NIINNGG COM I SION By: Scott Arndt, Chair ATTEST: By: Maar b l Sheila Smith, Secretary Community Development Department APPROVED: September 19, 2018 Kodiak Island Borough Planning & Zoning Commission Minutes August 15, 2018 Page 6