2019-07-17 Regular MeetingSCANNED
Data:
AUG 2 3 2019
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION REGULAR MEETING -
MINUTES
July 17, 2019 Regular Meeting 6:30 pm -Borough Assembly Chambers
CALL TO ORDER
CHAIR TOWNSEND called to order the July 17, 2019 regular meeting of the Planning & Zoning
Commission at 6:33 p.m.
PLEDGE OF ALLEGIANCE — Chair
ROLL CALL
Commissioners present were Barry Altenhof, Dave Townsend, Duane Dvorak, Alan Schmitt, Kent
Cross, and Joseph Delgado.
A quorum was established.
Community Development Department staff present was Erin Welty and Sheila Smith.
APPROVAL OF AGENDA
COMMISSIONER ALTENHOF MOVED to approve the agenda.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
APPROVAL OF MINUTES
COMMISSIONER DVORAK MOVED to approve the June 19, 2019 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 limited to three minutes per speaker. Local phone number is 486-3231; Toll Free is 1-
855-492-9202. Please ask speakers to sign in and state their name for the record.
A) CASE 19-027. 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 10
feet into the required 40 -foot setback from the centerline of 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.
The applicant has requested postponement until the August 21, 2019 regular meeting.
COMMISSIONER ALTENHOF MOVED to postpone Case 19-027 until the August 21, 2019
regular meeting.
ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY
B. CASE 19-028. Request a Variance to allow the replacement and expansion of a
grandfathered arctic entry that will encroach 8 feet into the required 25 foot set back,
making a total encroachment of 20.7 feet on Lot 2, Block 6, Erskine Subdivision (KIBC
Kodiak Island Borough Planning & Zoning Commission Minutes
July 17, 2019 Page 1
17.80.040.A and 17.195). The applicant is Mary Forbes & Stephen Burnside. The location is
418 Mill Bay Road, and the zoning is R2 -Two-family Residential.
COMMISSIONER ALTENHOF MOVED to grant a variance to allow the replacement and
expansion of an enclosed entry to exceed 25% of the face of the building, from 13.25 feet to 19
feet wide, and to allow the enclosed entry to be within 3 feet of the front property line on Lot 2,
Block 6, Erskine Subdivision (KIBC 17.150.040.A.4).
Acting Director Welty gave a staff report recommending approval.
Open public hearing:
None
Close public hearing:
Commission discussion
COMMISSIONER SCHMITT MOVED TO AMEND the motion to add "and to adopt the findings of
fact in the staff report dated July 3, 2019 as Findings of Fact for Case 19-028.
FINDINGS OF FACT
1. Strict application of the provisions of this title would result in practical difficulties or
unnecessary hardship for the property owner by requiring potentially expensive modifications
to the existing structure.
2. 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
3. Granting of the variance is not contrary to the comprehensive plan, which supports balancing
the rights of private property owners with community values and objectives.
4. The applicant did not cause the special conditions from which relief is being sought.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 6-0.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 6-0.
C. CASE 19-029. Request a Parking Review, according to KIBC 17.175.050, to allow three
(3) off-street parking spaces required in support of Lot 2, Block 1, Island Lake Subdivision,
to be located on Lot 1, Block 1, Island Lake Subdivision, a lot located within 600 feet of the
subject parcel. The applicant is Jane Petrich. The location is 3259 Arctic Tern Street, and
the zoning is R2 -Two-family Residential.
COMMISSIONER DVORAK MOVED to to allow three (3) off-street parking spaces, required in
support of Lot 2, Block 1, Island Lake Subdivision, to be located on Lot 1, Block 1, Island Lake
Subdivision, a lot located within 600 feet of the subject parcel, per KIBC 17.175.050, subject to
two (2) condition of approval, and to adopt the findings of fact in the staff report dated July 3, 2019
as Findings of Fact for Case 19-029.
Welty gave a staff report recommending approval.
Open public hearing:
Scott Arndt
Sheila Smith, Secretary, read Jane Petrich's comments into the record.
Close public hearing:
Commission discussion
COMMISSIONER SCHMITT MOVED to amend condition of approval 2 to read as follows: 2. The
applicant shall record a lease agreement which has been approved by the borough attorney
Kodiak Island Borough Planning & Zoning Commission Minutes
July 17, 2019 Page 2
granting her the right to the parking spaces on Lot 1, Block 1, Island Lake Subdivision. The term
of the lease shall be for at least 50 years ad the lease must run with the land.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-1. The ayes were COMMISSIONERS
ALTENHOF, TOWNSEND, DVORAK, and SCHMITT. The noe was COMMISSIONER CROSS.
COMMISSIONER SCHMITT MOVED TO AMEND THE MOTION to add Condition of Approval 3.
The land leased by the applicant shall include adequate land to allow the footprint of the slope for
the parking spaces.
CONDITIONS OF APPROVAL
1. Modify the parking lease to reflect the total parking requirements, which is 27 feet wide by 18
feet long.
2. The applicant shall record a lease agreement which has been approved by the borough
attorney granting her the right to the parking spaces on Lot 1, Block 1, Island Lake Subdivision.
The term of the lease shall be for at least 50 years ad the lease must run with the land.
3. The land leased by the applicant shall include adequateland to allow the footprint of the slope
for the parking spaces.
FINDINGS OF FACT
1. The distance between the off-site parking and the use that is served is less than the maximum
tolerance of 600 linear feet.
2. The zoning district of the off-site parking and the zoning district of the use that is being served
are the same.
ROLL CALL VOTE ON MOTION TO AMEND CARRIED 5-1. The ayes were COMMISSIONERS
ALTENHOF, TOWNSEND, DVORAK, and SCHMITT. The noe was COMMISSIONER CROSS.
ROLL CALL VOTE ON MOTION AS AMENDED CARRIED 5-1. The ayes were
COMMISSIONERS ALTENHOF, TOWNSEND, DVORAK, and SCHMITT. The noe was
COMMISSIONER CROSS.
D. CASE 19-020. Request Reconsideration of a Conditional Use Permit to allow for non-
recreational mineral extraction activities and related structures on C-Conservation zoned
land on Sitkinak Island (KIBC 17.215.010). The applicant is Minex International, Inc. and
the agent is Yoram Palkovitch. The location is T45S R31-33W Seward Meridian; Sitkinak
Island, and the zoning is C-Conservation.
COMMISSIONER ALTENHOF MOVED to reconsider the application for conditional use permit,
Case 19-020, per KIBC 17.215.010, and to adopt the findings of fact as contained in the staff
report dated June 27, 2019.
Staff Report — questions of staff may be asked after staff report is given.
Open public hearing:
Yoram Palkovitch, applicant, called in.
Close public hearing:
FINDING OF FACT
1. There is newly discovered evidence or a change in circumstances which by due diligence
could not have been discovered before the original hearing.
ROLL CALL VOTE ON MOTION TO RECONSIDER CARRIED 6-0.
COMMISSIONER SCHMITT MOVED to grant a Conditional Use Permit to allow non-recreational
resource mineral extraction activities (mining) and related structures on C-Conservation zoned
land on Sitkinak Island (KIBC 17.200 and 17.50.040.E), subject to 4 conditions of approval and
Kodiak Island Borough Planning & Zoning Commission Minutes
July 17, 2019 Page 3
to adopt the findings of fact liste in the staff report dated May 5, 2019 and entered into the record
as "Findings of Fact' for Case No. 19-020.
Commission discussion
CONDITIONS OF APPROVAL
1. The conditional use permit shall be valid through December 31, 2023. If, within that term,
State Mining Permit No. 5006 is revoked for any reason, this CUP shall expire on the date of
that revocation.
2. Any increase in the scope or area included for this mining operation shall require a new CUP.
3. Proof of the issuance of a Temporary Water Use Authorization Permit for the subject area
shall be provided prior to the issuance of zoning compliance.
4. Photos of structures and equipment currently present on the property shall be provided prior
to the issuance of zoning compliance.
FINDINGS OF FACT
1. The conditions of approval will ensure, to the maximum extent possible, that the conditional
use preserves the value, spirit, character, and integrity of the surrounding area.
2. This conditional use fulfills all requirements of KIBC 17.200 (Conditional Use Permits).
3. The conditions of approval will ensure, to the maximum extent possible, that the mining
operation will not be harmful to the public health, safety, convenience and comfort.
4. The mining operation is located within the boundaries of C -Conservation zoned land that
provides for sufficient setbacks, buffers and other safeguards.
5. This Conditional Use Permit is not being used for a public use or structure.
ROLL CALL VOTE ON MOTION CARRIED 6-0.
E. CASE 19-030. Request an ordinance amending KIBC Chapters 17.160 KIBC (Accessory
Buildings and Accessory Dwelling Units), and related chapters 17.65 KIBC (RR -Rural
Residential) and Chapter 17.70 (RRA — Rural Residential One District) to change permitted
uses, conditional uses and development standards related to parking and size limit. The
applicant is the Kodiak Island Borough. The location is borough wide and the zoning is
N/A.
COMMISSIONER DVORAK MOVED to recommend that the Assembly of the Kodiak Island
Borough approve the ordinance amending Chapter 17.160 KIBC (Accessory buildings and
accessory dwelling units) and related chapters 17.65 (RR -Rural Residential) and Chapter 17.70
(RR1-Rural Residential One District) to change permitted uses, conditional uses and development
standards related to parking and size limit, and adopt the Findings of Fact in the staff report dated
July 3, 2019 entered into the record for this case as "Findings of Fact' for Case 19-030.
Welty gave a staff report recommending approval.
Open public hearing:
Scott Arndt, spoke as an assembly member.
Close public hearing:
Commission discussion
COMMISSIONER SCHMITT MOVED to postpone Case 19-030 until the August 21, 2019 regular
meeting.
ROLL CALL VOTE ON MOTION to postpone CARRIED 6-0.
OLD BUSINESS
NEW BUSINESS
Kodiak Island Borough Planning & Zoning Commission Minutes
July 17, 2019 Page 4
COMMUNICATIONS
A. Planning and Zoning Commission Case Results Letters
B. Code Enforcement Actions
COMMISSIONER SCHMITT MOVED to acknowledge receipt of communications.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
REPORTS
A. Meeting Schedule:
• August 14, 2019 Work Session -6:30 p.m. -Borough Conference Room
• August 21, 2019 Regular Meeting -6:30 p.m. -Assembly Chambers
COMMISSIONER SCHMITT 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.
Scott Arndt thanked Barry Altenhof for his service.
STAFF COMMENTS
Erin Welty thanked Altenhof for his service.
Sheila Smith thanked Altenhof for his service.
COMMISSIONER COMMENTS
All the commissioners thanked Barry Altenhof for his service.
Barry Altenhof thanked staff and the commissioners for their support.
ADJOURNMENT
COMMISSIONER ALTENHOF MOVED to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY
COMMISSIONER TOWNSEND adjourned the meeting at 8:28 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Dave Townsend, Chair
ATTEST:
By: -Sxp,
Sheila Smith
Secretary
APPROVED: August 21, 2019
Kodiak Island Borough Planning & Zoning Commission Minutes
July 17, 2019 Page 5