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1967-12-13 Regular MeetingeN 's P— KODIAK ISLAND BOROUGH PLANNING & ZONING CON USSION MEETING - December 13, 1967 I CALL TO ORDER The meeting was called to order at 7:30 p.m. by Deputy Chairman John Waller in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. Mr. Waller asked for nominations for a new Chairman. Mr. Wallace nominated Mr. Waller and moved that a unanimous ballot be cast for him. Motion seconded by Mr. Brothers and carried by unanimous voice vote. It was decided to wait until the next meting to elect a Deputy Chairman since two members were absent. II ROLL CALL Present Absent John Waller, Chairman Ed Haney Ernie Brothe s Dal Valley jehn-weO �- �lil it,L.(. John Welch f Also present: Jim Stansbury, Building Inspector; and approximately 10 people in the audience. III MINUTES OF PREVIOUS MEETING - 11/29/67 Mr. Waller moved, seconded by Mr. Welch, that the minutes be approved as written. Motion carried by unanimous voice vote. IV OTHER MINUTES A. Assembly - 12/7/67.-- There were no comments. V CORRESPONDENCE - PEOPLE TO BE HEARD r Mr. Zimmr re Interpretation of Zoning Ordinance. Mr. Zimmer stated that he I wished to construct a warehouse on Lot 2, Block 1, Holland Acres, which he proposed to rent to fishermen for storage of crab buoys, salmon seines, etc. Crab pots would not be included, and the gear would be stored within closed walls, so that there would be no visible clutter. There would be no merchandise sold, and only floor space rented. The lot is 56,000 square feet, and the warehouse would be located away from the road. A house is also planned for the lot. The zoning ordinance lists 'general gardening and farming, including all types of fishing" as a permitted use under Unclassified zones, which is the zoning of Mr. Zi[rmr's lot, but since a warehouse would be a business, it was felt that an exception might have to be requested in this case. Mr. Zimmer was advised to submit his request in writing. Mr. Welch moved, seconded by Mr. Wallace, that the request be submitted to the attorney for a legal interpretation of the ordinance. Notion carried by unanimous voice vote. VI PUBLIC HEARINGS - None VII ZONING ITEMS - PRELIMINARY REVIEW A. Request for Rezo Prom R-1 to Business - Leite Addition B1kk 2 Lots 1 & 20 - Max Therkelsen Case 102-E . Mr. Therkelsen's application letter was read. The Attorney's opinion on spot zoning was read in its entirety. Mr. Welch stated that previously the Commission had requested that Mr. Therkelsen present a plan for the use of the lots, and that he had now done this by his proposal I^ to have a generator rewind and motor repair shop located there. Mr. Brothers stated that the opinion indicated that rezoning of a well area would not be considered spot zoning if there were already an unclear determination of zoning in the area, and there was in this case since there are bbher businesses there now. It was explained that the area is zoned R-1, and that the other businesses are there under grandfather's rights. Mr. Therkelsen stated that he had had several offers from individuals who wished to purchase the property for business use. Mr. Brothers moved, seconded by Mr. Welch, that a public hearing be held on this request at the next meeting. After further discussion, motion carried by unanimous voice vote. Mr. Therkelsen stated that he will be out of town at the time of the hearing, and that an attorney will represent him. VIII SUBDIVISIONS, PRELIMINARY - None IX SUBDIVISIONS, FINAL - None KIBS272560 PLANNING & ZONING MEE 1G -- December 13, 1967 X OLD BUSINESS /"N 0— r- A. in R-2 Zone - UIWVlV1J1V11 1J1VVYl 7 1 uo 1VJ 4 iu 1VV — VIu1 J UC1"[j, 111V. \VQAO 1-11/. 111Q Building Inspector's report on his investigation of this case, which had been requested by the Commission, was read. The case was reviewed. Mr. Wallace moved, seconded by Mr. Welch, that the request for an exception be denied for the reasons listed in the Building Inspector's report, and that a copy of the report be sent to Chris Berg Inc.'s Representative. Mr. Crow stated that he would appreciate receiving a copy of the report. He said that their submission of the application was in compliance with a court order, and that if they failed to submit the necessary documents, the court would again return the case to the Borough. He asked that action on the motion be tabled until the facts having to do with the variance could be submitted. He further stated that an appeal would have to be made if the request were denied. Mr. Wallace pointed out that as Mr. Stansbury's report states, the application must be considered for an exception, not for a variance. After further discussion on this matter, the question was called and motion carried by roll call vote as follows: Mr. Wallace -- Yes; Mr. Welch - Yest Mr. Brothers - No Mr. Waller - Yes. Mr. Crow agreed to submit a complete application for a variance at the next meeting. XI PLANNING & STAFF ITEMS A. Discussion of Suggested Procedures. The proposed procedures were reviewed. It was suggested that the deadline for submission of items to be included on the agenda be set at 5:00 p.m. on the Wednesday preceding the meeting. This will allow a week for information and data to be sent to the Commissioners for their review. In addition, it was agreed that before any cases are considered, the applications should be reviewed by Mr. Madsen to determine that they are legally correct. Mr. Wallace moved, seconded by Mr. Brothers, that it be included in the appropriate place in the procedures that proper applications must be submitted for all requests and must be approved by the attorney to determine that they are legally correct before they are reviewed by the Commission. Motion carried by unanimous roll call vote. The procedures will be re -written and submitted for further action at the next meeting. B. Long -Range Planning for Business Districts. Mr. Waller stated that the Comprehensive Planning Committee had requested the P&Z Commission to present them with problems concerned with future planning for business areas. The recommendations previously made were reviewed for changing the following areas to Business: Allman Addition, Blocks 1, 2 and 3, now zoned R-1; all of the Allman Lalande Subdivision, and Block 6 of Airpark Subdivision, now zoned Unclassified; Erskine Subdivision, Blocks 1, 2 and 3; now zoned R-3; the remainder of Townsite Block 1 which is now zoned R-2 and R-3; USS 444 Tract C, now R-3 Game Commission Reserve, now R-3; USS 1995, now R-3; the remainder of East Addn Block 33 which is now zoned R-2; East Addn Blk 34, now zoned R-2. Property further out Mission Road had also been originally recommended for rezoning to Business, but at a subsequent joint meting with the Assembly, it had been agreed to include only the area of the platted Tagura Road. Mr. Waller will present these ideas to the next Comprehensive Planning Committee meeting. A discussion was also held concerning the zoning of the ShPlrs f Ledge property, It was felt that this property should De rezoned to Business from R-3, and that this could be done now, since the property is being used for a business, and since it is surrounded by business property, except in back of it. It was decided to recommend this change to the Assembly without a public hearing. Mr. Wallace moved, seconded by Mr. Welch, that the Planning & Zoning Commission recommends, on its own initiative, that Lots 20 through 25, Thorsheim Subdivision be rezoned from R-3 to Business. Motion carried by unanimous roll call vote. C. Mr. Stansbury re Fire Zones. that a fire zoning map be on City does not have a fire zoo consisting of solid masonry, going to recommend that zone areas, and zone 3 include al. required only if a building building. Mr. Stansbury � 1. AUDIENCE COMMENTS - None Mr. Stansbury stated that the fire code requires record, and that none has ever been made. The e 1 because this requires 2-hour fire protection and the cost is prohibitive. Mr. Stansbury is 2 cossist of all Business, Industrial, R-2 and R-3 R-1 areas. In Zone 3, 1-hour protection would be .s constructed less than 3 feet from an adjacent .present the map at the next meeting. KIBS272561 ADJOURNMENT - /The /meeting /adjourned at 10:00 p.m. Approved: �,/% Respectfully submitted: