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2020-12-16 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES December 16, 2020 Regular Meeting 6:30 p.m. - Borough Assembly Chambers Due to Borough policy on COVID-19 precautions, this meeting was held in the Borough Chambers by Zoom teleconference and was broadcast to the general public through live streaming on the Borough website. CALL TO ORDER VICE CHAIR Schmitt called to order the December 16, 2020 regular meeting of the Planning & Zoning Commission at 6:30 p.m. PLEDGE OF ALLEGIANCE VICE CHAIR Schmitt led the pledge of allegiance. ROLL CALL Commissioners present were Alan Schmitt, , Kent Cross, Joseph Delgado, and Sarah Harrington. Absent were Dave Townsend and Matthew Novello. A quorum was established. Community Development Department staff present were Erin Welty and Laurie Pardoe. IT support for the teleconference meeting was provided by Paul VanDyke. COMMISSIONER Cross moved to excuse Commissioners Townsend and Novello. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA COMMISSIONER Cross moved to approve the agenda. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER Cross moved to approve the November 18, 2020 minutes. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. CITIZENS' COMMENTS -- None. PUBLIC HEARINGS A. CASE 21-007. Request a variance to reduce the off-street parking requirement from ten (10) spaces to seven (7) spaces and to permit the spaces to be less than 18 feet long to allow for a retail dog grooming business in the business structure located on Lot 1, Block 1, USS 3066AB. COMMISSIONER Cross moved to grant a variance to allow for a reduced parking requirement of seven (7) nonconforming parking spaces from nine (9) required spaces on Lot 1, Block 1, USS 3066AB and to adopt the findings in the staff report dated December 1, 2020 as Findings of Fact for Case 21-007. Director Welty gave a staff report. She also clarified that upon receipt of the final renovated floor plan, her original determination of a ten (10) space parking requirement was reduced to a nine (9) space requirement. If granted, this variance would allow seven (7) nonconforming spaces. Vice Chair Schmitt opened the public hearing. David Hilty, Walter and Linda Sargent, and Heather Johnson voiced a few concerns about the variance and potential future uses of the property. Bruce Schactler and Mavis Pruitt spoke in favor of the variance. Vice Chair Schmitt closed the public hearing. Commission discussion. FINDINGS OF FACT 17.195.050 A. 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. 17.195.050 A.2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 17.195.050 A.3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. 17.195.050 A.4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 17.195.050 A.S. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. 17.195.050 A.6. That the granting of the variance will not permit a prohibited land use in the district involved. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. B. CASE 21-003. Request a rezone of a portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian from C — Conservation to R1 — Single Family Residential and PL — Public Use Land (zoning will correspond to lots created by abbreviated subdivision S21-002). COMMISSIONER Delgado moved to recommend the rezone of a portion of Tract 37, Township 30 South, Range 29 West, Section 32, Seward Meridian from C — Conservation to R1 — Single Family Residential (proposed Lot 2) and PL — Public Use Land (proposed Lot 1), subject to the recommended effective clause in the staff report dated August 20, 2020, and to forward the request to the Kodiak Island Borough Assembly for further review and consideration. Director Welty gave a staff report. Vice Chair Schmitt opened the public hearing. Randy Blondin spoke in opposition of Case No. 21-003. Vice Chair Schmitt closed the public hearing. Commission discussion. EFFECTIVE CLAUSE 1. Rezone will become effective when the final plat for Abbreviated Case S21-002 is filed. FINDINGS OF FACT 1. Rezoning the subject parcel is required to facilitate subdivision of the parcel. 2. Rezoning the parcel to correspond with the proposed lots granted preliminary approval would bring the parcel/s from non -conforming to conforming in accordance with current use and minimum lot size requirements. 3. The land exchange that will be facilitated by the rezone and subdivision of this parcel will benefit the community of Larsen Bay. 4. This rezone request is consistent with the goals and objectives of the 1984 Larsen Bay Comprehensive Plan. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. OLD BUSINESS — None. NEW BUSINESS — None. COMMUNICATIONS A. Planning and Zoning Commission Case Results Letters REPORTS A. Meeting Schedule - There were no cases scheduled for the month of January. STAFF COMMENTS Director Welty noted that the cases presented in the meeting were prime examples of how decisions made by the Planning and Zoning Commission have long-lasting impacts on the community. She also announced that a new Planner was hired and would be arriving in Kodiak in January. CITIZENS' COMMENTS — None. COMMISSIONER COMMENTS Commissioner Delgado stated that he was enjoying his service on the Commission, that he was learning a great deal, and that he appreciated the unseen efforts of staff. He thanked them for their support. Commissioner Harrington also thanked staff for their efforts and noted that she was learning a lot from her service on the Commission. Commissioner Cross noted the challenges that the Kodiak Island Borough poses when it comes to application of zoning law. He thanked staff for their support and commended them for the improvements he had seen within their service to the Commission. Commissioner Schmitt echoed the comments made by the other Commissioners. He encouraged members of the public to apply for one of the vacant seats on the Commission and noted that staff should follow up with the Clerk's Office to ensure they actively recruit for the vacant seats. ADJOURNMENT COMMISSIONER Cross moved to adjourn. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. VICE CHAIR Schmitt adjourned the meeting at 7:44 p.m. KODIAK ISLAND BOROUGH PLANNING A O ING COMMISSION By: Alan Schmitt, Chair ATTEST By: Laurie Pardoe, Secretary III APPROVED: February 17, 2021