Loading...
2019-01-16 Regular MeetingKODIAK ISLAND BOROUGH MAO 14 2019 t PLANNING AND ZONING COMMISSION REGULAR MEETING i MINUTES i January 16, 2019 Regular Meeting 6:30 pm-Borough7Assembly-C4iamb&X,*_ CALL TO ORDER VICE -CHAIR ALTENHOF called to order the January 16, 2019 regular meeting of the Planning & Zoning Commission at 6:30 p.m. in the Assembly Chambers. PLEDGE OF ALLEGIANCE VICE -CHAIR ALTENHOF led the pledge of allegiance. ROLL CALL Requested excusal was Chris Hatch due to being out of town for work. Commissioners present were Barry Altenhof, Dave Townsend, Duane Dvorak, Alan Schmitt, and Kent Cross. Excused was Chris Hatch. A quorum was established. COMMISSIONER SCHMITT MOVED to excuse Chris Hatch. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY Community Development Department staff present was Sara Fraser, Sheila Smith, and Daniel Mckenna-Foster. APPROVAL OF AGENDA COMMISSIONER SCHMITT MOVED to approve the agenda. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY APPROVAL OF MINUTES COMMISSIONER TOWNSEND MOVED to approve the December 19, 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. Don Roberts said he understands there is an application for a parking lot on Erskine which he is opposed to. It is a very heavy traffic area there and it's a small street. PUBLIC HEARINGS Comments limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1- 855-492-9202. A) CASE 19-013. Request a variance to reduce the minimum 112 -Two -Family Residential District lot area requirement for a single-family dwelling from 7,200 square feet to no less than 5,800 sq. ft., to reduce the lot area requirement for a two-family dwelling from 3,600 sq. ft. per dwelling unit to no less than 2,900 sq. ft., and to reduce the minimum lot width requirement from 60' to no less than 50' to accommodate the subdivision of 13,688 sq. ft. Lot 9A, Block 33, East Addition Subdivision (KIBC 16.40.050.B.1, 17.80.030.A & B, and 17.195). The applicant is Douglas Hogen. The location is 716 Mission Road and the zoning is 112 -Two-family Residential. COMMISSIONER SCHMITT MOVED to approve a variance to reduce the minimum R2 -Two - Family Residential District lot area requirement for a single-family dwelling from 7,200 square feet Kodiak Island Borough Planning & Zoning Commission Minutes January 16, 2019 Page 1 to no less than 5,800 square feet, to reduce the lot area requirement for a two-family dwelling from 3,600 square feet per dwelling unit to no less than 2,900 square feet, and to reduce the minimum lot width requirement from 60 feet to no less than 50 feet to accommodate the subdivision of 13,688 square foot Lot 9A, Block 33, East Addition Subdivision (KIBC 17.195). Mckenna-Foster stated at the January 9th work session the commission indicated that they may wish to recommend approval of this variance rather than deny it as recommended in the initial staff report. The commission suggested some protective changes to make it work a little better during discussion with the applicant. Staff provided some motions listed in the supplemental staff report dated January 10, 2019. Open public hearing: None Close public hearing: Commission discussion COMMISSIONER SCHMITT MOVED TO AMEND the motion by striking 5,800 square feet and inserting 6,200 square feet, and by striking 2,900 square feet and inserting 3,100 square feet, and to add and to adopt the findings of fact listed in the supplemental staff report for Case No. 19-013, dated January 10, 2019". ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. Discussion COMMISSIONER TOWNSEND MOVED TO AMEND the motion to add a condition of approval to state that any existing building built in the setbacks may not be reconstructed in the same location. CONDITION OF APPROVAL 1. Any existing building built in the setbacks may not be reconstructed in the same location. FINDINGS OF FACT 1. The subject parcel is the only lot in the general proximity that has over 7,200 square feet of vacant, level, land that is capable of easily providing and additional residential building site. Development of that vacant area for residential use would also be more consistent with the dense residential development that is characteristic of the surrounding neighborhood. 2. Strict application of the provisions of this title would result in practical difficulties and unnecessary hardship for the property owner and residents of the Borough by disallowing the property owner's ability to further develop the subject property in a manner that would assist in meeting the Borough's need for an adequate supply of property for residential development. 3. The size of the proposed lots and proposed development types are similar to nearby properties and thus 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. 4. The proposed subdivision and subsequent development will not impede emergency access or block sightlines; furthermore, conformance with setbacks and other zoning and building code rules will ensure that any development will not be detrimental to the public's health, safety, or general welfare. 5. Granting of this variance is supported by various housing, land use, and economic goals, policies, and implementation actions of the comprehensive plan. 6. The special conditions from which relief is being sought were not caused by the applicant, they were caused by a previous owner's replat of the subject lots into a single parcel. Had the lots not been replatted, the subject vacant area would be a separate R2 -Two Family Kodiak Island Borough Planning & Zoning Commission Minutes January 16, 2019 Page 2 Residential zoned lot that could be developed within the requirements of applicable zoning code. 7. Single-family and two-family structures are permitted uses in the R2 -Two -Family Residential district and granting the variance will not permit a prohibited use in that district. ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-0. ROLL CALL VOTE ON MOTION CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, TOWNSEND, SCHMITT, AND CROSS. The noe was COMMISSIONER DVORAK. B. CASE 19-014. Request a variance to allow construction of a single-family dwelling that will encroach 15' into the required 25' setback on Lot 2, Block 1, Island Lake Subdivision (KIBC 17.80.040.A and 17.195). The applicant is Jane Petrich and the agent is Stephen Obrien. The location is 3259 Arctic Tern Street and the zoning is 112 -Two-family Residential. COMMISSIONER DVORAK MOVED to grant a variance to allow construction of a single-family dwelling that will encroach 15' into the required 25' setback on Lot 2, Block 1, Island Lake Subdivision, subject to one condition of approval, and to adopt the findings of fact listed in the staff report dated January 4, 2019 (KIBC 17.195). Mckenna-Foster stated this is a request to allow the property owner to build a small house that encroaches a little bit into the 25 -foot front yard setback on a lot that is heavily constrained by easements, slope, and natural water features. The lot has been there a really long time. Maker explained to him that a lot like this probably wouldn't get subdivided today but still it's what we have, and somebody is trying to use it. The site plan shows the 3 off street parking spaces. Staff recommends this request be approved, it meets all the criteria required in the code for approval of a variance. Open public hearing: Jane Petrich, applicant, called in to read her comments into the record in support of her request. Stephen Obrien, agent, spoke in support of the request. Close public hearing: Commission discussion CONDITION OF APPROVAL 1. The applicant shall remove any existing structures on the property or bring them into compliance prior to issuance of zoning compliance for any future construction. FINDINGS OF FACT 1. There are exceptional easement and physical limitations that apply to this property 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 for the property owner by limiting use of the buildable area of this lot. 3. Due to its similarity to the siting and development style of neighboring properties, the proposed development is consistent with the existing development and character of the surrounding neighborhood and the granting of this variance will not result in material damage or prejudice to other properties in the vicinity 4. The proposed construction will not obstruct sightlines or access for emergency vehicles, and as such the granting of this variance will not be detrimental to the public's health, safety, or general welfare. 5. Granting of the variance is supported by several housing and land use goals and objectives of the comprehensive plan. 6. The applicant did not cause the special conditions from which relief is being sought. 7. Single family residences are a permitted use in the R2 -Two -Family Residential district and granting the variance will not permit a prohibited use in that district. Kodiak Island Borough Planning & Zoning Commission Minutes January 16, 2019 Page 3 ROLL CALL VOTE ON MOTION CARRIED 4-1. The ayes were COMMISSIONERS ALTENHOF, DVORAK, SCHMITT, and CROSS. The noe was COMMISSIONER TOWNSEND. C. CASE 19-015. Request a variance to allow reconstruction of a seminary office and assembly hall building to include the construction of additions that will encroach up to 15 feet into the required 40-foot setback from the Centerline of the Mission Road platted right- of-way on the Mission Road Portion of Tract C, U.S. Survey 444 (KIBC 17.155.010 and 17.195). The applicant is St. Herman's Theological Seminary and the agent is Michael Hoffman. The location is 413 Mission Road and the zoning is B-Business. COMMISSIONER SCHMITT MOVED to grant a variance to allow reconstruction of a seminary office and assembly hall building to include the construction of additions that will encroach up to 15 feet into the required 40 foot setback from the Centerline of the Mission Road platted right-of- way on the Mission Road Portion of Tract C, U.S. Survey 444, and to adopt the findings of fact listed in the staff report dated January 3, 2019 (KIBC 17.195). Mckenna-Foster stated this variance will allow the reconstruction of buildings sitting on the seminary properties; an old dilapidated mortuary. The seminary would like to rebuild it and upgrade things. Staff recommends this variance be approved, it meets all the conditions for approval of variances. Open public hearing: Michael Hoffman, caller, spoke in support of his request. Bill Oliver, Senior Citizens Kodiak Inc. President, spoke opposing this request. Mike Tvenge, City of Kodiak Manager, spoke opposing this request. Craig Walton, Public Works Director, spoke opposing this request. Scott Arndt spoke said he has witnessed many accidents at Erskine and Mission Road. Close public hearing: During discussion, the commission expressed concern with not knowing where 40' from the centerline of Mission Road is, the centerline of the road not being in the center of the right-of-way, new construction, safety issues, not having any surveys or dimensions, postponing to allow for more information to be provided, the City of Kodiak being opposed, the city being responsible for maintaining roadways, and conflicts on the lot numbers and addresses for the request. COMMISSIONER SCHMITT MOVED to postpone this case to the March 20, 2019 regular meeting. ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-0. VICE-CHAIR ALTENHOF called a 5-minute recess at 8 p.m. VICE-CHAIR ALTENHOF reconvened the meeting at 8:09 p.m. D. CASE 19-012 (Postponed at the December 19, 2018 Regular Meeting). Request a variance to allow construction of an approximate 30' x 40' detached garage that will encroach 10' into the required 15' side yard setbacks along the northwest and northeast side lot lines of Lot 313, Block 3, Woodland Acres Subdivision, Second Addition (KIBC 17.205). The applicant is Michael and Aimee Jo Sorter. The location is 3964 Woodland Drive and the zoning is RR-Rural Residential. COMMISSIONER SCHMITT MOVED to postpone Case 19-012 until the February 20, 2019 P&Z Regular Meeting so that the case can be noticed correctly, and the public given adequate time for comment. Mckenna-Faster stated no report, we recommend this case be postponed. Coen public hearino: Kodiak Island Borough Planning & Zoning Commission Minutes January 16, 2019 Page 4 None Close public hearing: ROLL CALL VOTE ON MOTION TO POSTPONE CARRIED 5-0. OLD BUSINESS NEW BUSINESS A. Elections — Chair & Vice -Chair VICE -CHAIR ALTENHOF opened nominations for Chair: COMMISSIONER DVORAK nominated COMMISSIONER TOWNSEND for Chair. ROLL CALL VOTE FOR COMMISSIONER TOWNSEND AS CHAIR CARRIED 5-0. VICE -CHAIR ALTENHOF opened nominations for Vice -Chair: COMMISSIONER SCHMITT nominated Duane Dvorak for Vice -Chair. COMMISSIONER DVORAK nominated COMMISSIONER SCHMITT for Vice -Chair. COMMISSIONER DVORAK respectfully declined being nominated. ROLL CALL VOTE FOR COMMISSIONER SCHMITT AS VICE -CHAIR CARRIED 5-0. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters COMMISSIONER DVORAK MOVED to acknowledge receipt of communications. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY REPORTS A. Meeting Schedule: • February 13, 2019 Planning and Zoning Commission Work Session -6:30 p.m. - Borough Conference Room • February 20, 2019 Planning and Zoning Commission Regular Meeting -6:30 p.m.- Assembly .m:Assembly Chambers B. Minutes of Other Meetings • September 18, 2018 and October 23, 2018 Parks and Recreation Committee Regular Meeting Minutes COMMISSIONER TOWNSEND 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. STAFF COMMENTS Sara Fraser stated there's a work session item on the assembly January 31s' work session agenda, updating them on how some of our latest ordinances have been passed in the last 2 years have been performing. The assembly would also like to discuss the potential for updating the Comp Plan, but she thinks that will be pushed to the February 14". The 2 Larsen Bay lodge rezone cases that were denied by the assembly last July, both of those ordinances are back on the assembly agenda for introduction at their February 7'h meeting. Jack Maker's last day is now February 81h instead of March 1s'. Kodiak Island Borough Planning & Zoning Commission Minutes January 16, 2019 Page 5 COMMISSIONER COMMENTS Kent Cross said he appreciates the efforts that staff puts forward. Barry Altenhof said he officially would like to welcome Kent Cross to the commission. Dave Townsend thanked everyone for their vote of confidence in him, as chair he will do his best to stand up to task. He appreciates the nomination and votes. He's happy with how everything turned out tonight regarding the voting on the cases. As a commissioner, it's very important for us to remain consistent in the way we look at things, he feels strongly that it is their job to stand up for the code. Moving forward, he will make sure the commission upholds the code, we have the opportunity to change the code in the future but that will be done with a great amount of public input. Some of the things that came up in last week's work session really bothered him and he didn't get a lot of sleep. He's not happy with how things turned out. Townsend also welcomed Duane Dvorak and Alan Schmitt to the commission. ADJOURNMENT COMMISSIONER SCHMITT MOVED to adjourn the meeting. VOICE VOTE ON MOTION CARRIED UNANIMOUSLY VICE CHAIR ALTENHOF adjourned the meeting at 8:21 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Dave Townsend, Chair ATTEST: n r ._� By: QtA-?jon \ JI. /� Sheila Smith, Secretary Community Development Department APPROVED: February 20, 2019 Kodiak Island Borough Planning & Zoning Commission Minutes January16, 2019 Page 6