2020-05-19 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION MINUTES May 19, 2020 Regular Meeting 6:30 p.m. - Borough Assembly Chambers CALL TO ORDER VICE CHAIR Schmitt called to order the May 19, 2021 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, Paul VanDyke, and Andrew Kenneson Absent was Sarah Harrington. A quorum was established Community Development Department staff present were Erin Welty. Ex Officio Seema Garoutte present APPROVAL OF AGENDA COMMISSIONER Delgado moved to approve the agenda. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER Cross moved to approve the February 17, 2021 minutes. ROLL CALL VOTE ON MOTION CARRIED UNANIMOUSLY CITIZENS' COMMENTS — None. PUBLIC HEARINGS A. CASE 21-010. Arwin & Leonica Arevalo, A request for a variance to allow an addition to the single-family residence to encroach 6.7 feet into the 10-foot rear yard setback (KIBC 17.195 & 17.75.050.C.) COMMISSIONER Cross moved to grant a variance to allow an addition to the single-family residence to encroach 6.7 feet into the 10-foot rear yard setback of lot 9A, Block 43, East Addition, (KIBC 17.195 & 17.75.050.C.) and adopt the findings of fact for Case No. 21-010 listed in the staff report dated February 25, 2021. Director Welty gave a staff report. Commission discussion. Commissioner Vandyke motioned to move to release legal opinion of case 21-010 from our attorney to the public. Motion was seconded. Commission discussion. ROLL CALL VOTE ON MOTION FAILS 2-3. Vice Chair Schmitt opened the public hearing. Vice Chair Schmitt closed the public hearing. FINDINGS OF FACT Strict application of the provisions of this title would result in practical difficulties or unnecessary hardship for the property owner by requiring that the owner demolish a structure that would have maintained nonconforming rights had the hired contractor been straightforward during the permitting process. 2. Due to its unique position as a nonconforming corner lot, development of the lot is more restricted, requiring an additional 5' street side setback, which is a hardship not experienced by most other properties in the surrounding area. 3. The alley to the rear of the property removes some of the necessity for the setback being affected, thereby not resulting in material damage or prejudice to other properties in the vicinity nor being detrimental to the public's health, safety, or general welfare. 4. Granting of the variance is not contrary to the 2008 Comprehensive Plan, which supports balancing the rights of private property owners with community values and objectives. 5. The applicant did not cause the special conditions from which relief is being sought. 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: 0 June 9, 2021 Work Session-6:30 p.m. -Borough Assembly Chambers • June 16, 2021 Regular Meeting-6:30 p.m. -Borough Assembly Chambers STAFF COMMENTS Director Welty presented newly appointed ex officio Seema Garoutte, Assessor. CITIZEN COMMENTS- None. COMMISSIONER COMMENTS Commissioner Novello expressed that he is pleased to be back in the Chambers for meetings. Commissioner VanDyke commented how on the Fire Board, they release attorney client information to the public for transparency. He also thanks staff for the access to the attorney comments, and how it helped him make his decision. Commissioner Cross commented that he wishes Director Welty the best on her future endeavors. He also mentioned he won't be able to attend June's meetings, and would like to be excused. ADJOURNMENT COMMISSIONER Cross moved to adjourn. ROLL CALL VOTE ON THE MOTION CARRIED UNANIMOUSLY. CHAIR Schmitt adjourned the meeting at 6:53 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZPPANG COMMISSION By: Ian Schmitt, Chair ATTEST By: Michael Powers APPROVED: