2021-09-15 Regular MeetingKODIAK ISLAND BOROUGH
Planning and Zoning Commission Regular Meeting
September 15, 2021
A Planning and Zoning Commission Regular Meeting of the Kodiak Island Borough
Assembly waws held on September 15, 2021, in the Borough Assembly Chambers of
the Kodiak Island Borough Building, 710 Mill Bay Road. The meeting was called to
order at 6:30 p.m.
Present were Alan Schmitt, Kent Cross, Paul VanDyke, and Andrew Kenneson.
Absent was Sarah Harrington and Matthew Novello.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
MINUTES OF PREVIOUS MEETINGS
Planning and Zoning Regular Meeting Minutes August 18, 2021.
CITIZEN COMMENTS
• Michael Brechan
• Mark Majdic
PUBLIC HEARINGS
Applicant Michael Brechan, Case No. S22-001.
Request a replat of Lot 11, Block 1, Pasagshak River 2"d Addition, vacating a 10-
foot-wide public beach access walkway, and creating Lot 11A, and 10-foot-wide
public beach access walkway, Pasagshak River 2"d Addition.
Chair Schmitt opened Public Hearing for citizen comments.
Chair Schmitt closed Public Hearing for citizen comments.
Commission Discussion:
• VanDyke
• Schmitt
• Cross
• Kenneson
Kodiak Island Borough Planning and Zoning Commission Regular
September 15, 2021 Meeting Minutes
ROLL CALL VOTE ON MOTION:
Schmitt moved to grant to vacate the 10-foot-wide public beach access on the East side of Lot
11, Block 1, Pasagshak River 2ndAddition and grant preliminary approval of the replat creating a
10-foot-wide public beach access walkway on the West side of Lot 11A, Block 1, Pasagshak River
2nd Addition.
VanDyke Seconds the Motion.
Findings of Fact
1. This plat meets the minimum data and design requirements of Chapter 16.40
(Preliminary Plat) of the Borough Code.
2. This plat meets the requirements of Title 17 (Zoning) of the Borough Code.
3. This plat continues to provide a 10-foot-wide public beach access.
ROLL CALL VOTE CARRIED UNANIMOUSLY.
Applicant Mark Majdic, Case No. 22-002. Request a Variance, per Chapter 17.195
KIBC, to reduce the KIBC 17.105.030.A I -Industrial Zoning District minimum lot area
requirement of 20,000 square feet to 17,006 square feet to accommodate the replat of
Tideland Tract N-32A-1 of Alaska Tideland Survey 49 and portions of Lot 7, Block 2,
Kodiak Townsite, U.S. Survey 2537E to create Tideland Tracts N-32A-2 and N-32A-3
of Alaska Tideland Survey 49.
Chair Schmitt opened Public Hearing for Citizen Comments.
Chair Schmitt closed Public Hearing for Citizen Comments.
Commission discussion
None.
ROLL CALL VOTE ON:
Cross moved to grant a variance, per Chapter 17.195 KIBC, to reduce the KIBC 17.105.030.A
I -Industrial Zoning District minimum lot area requirement of 20,000 square feet to 17,006 square
feet to accommodate the replat of Tideland Tract N-32A-1 of Alaska Tideland Survey 49 and
portions of Lot 7, Block 2, Kodiak Townsite, U.S. Survey 25376 to create Tideland Tracts N-
32A-2 and N-32A-3 of Alaska Tideland Survey 49 as depicted on the Preliminary Plat
submission entered into the record for Abbreviated Subdivision Case No. S22-002, and to adopt
the findings of fact listed in the staff report dated August 30, 2021 and entered into the record
for this case as "Findings of Fact" for Case No. 22-002.
Kenneson Seconds the Motion.
Findings of Fact Adopted (KIBC 17.195.050.A. 1-6):
Kodiak Island Borough Planning and Zoning Commission Regular
September 15, 2021 Meeting Minutes
1. The replat potential of the subject properties has been negatively affected by past rights -of -
way takings for Marine Way East and Near Island Bridge that totaled approximately 6,300
square feet. Those takings were particular to the subject parcels and had no similar effect on
other I -Industrial zoned properties in the surrounding area.
2. Strict application of the I -Industrial zoning 20,000 square foot minimum lot area requirement
would cause practical difficulties by requiring the creation of an odd shaped lot with areas of
limited development potential and another lot with reduced off-street parking development
potential.
3. The granting of the variance will not result in a change of use on the subject parcels. The
current uses, as well as other previously established I -Industrial zoning permitted uses, have
operated on the subject parcels for several years with no reported negative impacts to the
surrounding area. Accordingly, granting this variance will not cause material damage or
prejudice to other properties in the vicinity and will not be detrimental to the public's health,
safety, or general welfare.
4. The granting of the variance will not change the development potential of the proposed
parcels beyond that which is already allowed by code. Accordingly, the granting of the variance
will not be contrary to the objectives of the adopted Comprehensive Plan.
5. The special conditions from which relief is being sought were caused by the approximate
6,300 square feet of past rights -of -way takings for Marine Way East and Near Island Bridge, not
the applicant.
6. The existing land uses are permitted uses in the I -Industrial district. Consequently, granting
the variance will not permit a prohibited use in that district.
ROLL CALL VOTE CARRIED UNANIMOUSLY.
Applicant Kodiak Area Native Association, Case No. 22-003. Request a
A variance to allow a covering over the deck on the SW end of the building to provide
a snow and ice -free exit for staff and clients. This will also provide beneficial access
for law enforcement during a crisis call event. RR2 — Rural Residential Two District
zoned lot setback requirements are: Fifty (50) feet into the front yard setback, Twenty
(20) feet side yard setback and a minimum twenty (20) feet rear yard setback. The
variance is required as KIBC 17.150.040 (A) (1) states, "outside stairways, decks, and
parking ramps, if unroofed and unenclosed, may project into a required setback, if
they provide access to the rear yard; provided, any adopted Uniform Building Code
requirement for separation of structures is maintained.
Kodiak Island Borough Planning and Zoning Commission Regular
September 15, 2021 Meeting Minutes
Chair Schmitt opened Public Hearing for Citizen Comment.
Chair Schmitt closed Public Hearing for Citizen Comment.
Commission Discussion.
VanDyke
CONDITIONS OF APPROVAL:
1.City of Kodiak Building Department approval for the building permit
2.City of Kodiak Building Department approval for setback code requirements being met
3. KANA provides KIB with a new updated ASBUILT 30 days after building department approval
or as directed by the City of Kodiak Building Department for setback verification.
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.6. That the granting of the variance will not permit a prohibited land use in the
district involved.
ROLL CALL VOTE ON:
Cross moved to grant a Variance to allow a 9 x 34 (approximately) cover over the deck and
stairway on the SW side of an R2 — Residential Two District zoned lot located at Lot 111A,
Block 9, Erskine Addition, subject to the three (3) conditions of approval, and to adopt the
findings in the staff report dated September 3, 2021, and Findings of Fact for Case 22-003.
Kenneson Seconds the Motion.
ROLL CALL VOTE CARRIED UNANIMOUSLY.
OLD BUSINESS
Dahl Case No. S21-008 Reconsideration staff update only
NEW BUSINESS
None.
Kodiak Island Borough Planning and Zoning Commission Regular
September 15, 2021 Meeting Minutes
COMMUNICATIONS
a. Planning and Zoning Case Results Letters
REPORTS
a. Meeting Schedule:
• Work Session- October 13, 6:30 p.m.-KIB Assembly Chambers Room
• Regular Meeting- October 20, 6:30 p.m.- KIB Assembly Chambers Room
b. Minutes of Other Meetings
C. Abbreviated & Final Approvals - Subdivisions
STAFF COMMENTS
Seema Garoutte reports the following:
• Platting authority
• Staff would like to thank Mr. Delgado for all his hard work and dedication to the Planning
and Zoning Commission
• Open seat on Commission Board
• Future CDD Planner
• Thanks, and gratitude toward Mr. Dixon in the Community Development Department.
• KIB Planning e-mail
Citizen Comments
None.
COMMISSIONER COMMENTS
• Cross expresses that he enjoys the differences in opinions. Thanks, both commission
and staff.
• VanDyke conveys his displeasure in arguing over a specific case, also wanted to add
he has no ill regard toward Mr. Brechan. Communicates that he does have some
reservations on a certain case.
• Schmitt communicates his agreement toward Commissioner Cross' opinion. Agrees
with results from tonight. Also, wanted his thanks to be given to Mr. Dixon as well.
Kodiak Island Borough Planning and Zoning Commission Regular
September 15, 2021 Meeting Minutes
ADJOURNMENT
Commissioner VanDyke moved to adjourn the meeting.
VOICE VOTE ON MOTION CARRIED UNANIMOUSLY.
The meeting adjourned at 7:34pm.
ATTEST:
Seem ar utte, Acting Director
Kodiak Island Borough
September 15, 2021
KODIAK I ND BOROUGH
Alan chmitt, Chair
o 14-f r) CrC V i C� Cl l
Approved on:
Planning and Zoning Commission Regular
Meeting Minutes