1983-12-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
Regular Meeting - December 21, 1983
MINUTES
CALL TO ORDER
Chairman Tim Hill called the meeting to order at 7:30 p.m. in the
Assembly Chambers, Kodiak, Alaska.
ROLL CALL
Commissioners Present: Also Present:
Ken Gregg Linda Freed, Director
Steve Rennell Community Development Department
Marlin Knight Bud Cassidy, Assistant Planner
Virginia Crowe Dave Crowe, Borough Engineer
Fred Patterson Jolinda Goodwin, Planning Secretary
Tim Hill, Chairman
Commissioner Absent: Dan James, excused.
ELECTION OF OFFICERS:
MR. RENNELL nominated Mr. Ken Gregg for Chairman and Mrs. Crowe
seconded. There were no other nominations. MRS. CROWE MOVED FOR UNANIMOUS
VOTE to approve Mr. Gregg as Chairman. The motion CARRIED by unanimous
voice vote.
MRS. CROWE nominated Mr. Dan James for Vice -Chairman and Mr. Patterson
seconded. MR. GREGG nominated Mr. Rennell and Mr. Hill seconded. There
were no further nominations. Mr. Rennell was elected vice-chairman by
unanimous voice vote.
MR. GREGG officially took the seat of chairman and opened the meeting.
Mr. Patterson was appointed to the Borough Parks and Recreation Committee.
1. MINUTES:
a) November 16, 1983, Regular Meeting
There were no additions or deletions to the minutes. MRS. CROWE MOVED
TO APPROVE the minutes and the motion was seconded. The motion CARRIED by
unanimous voice vote.
b) December 1, 1983, Special Meeting
There were no additions or deletions to the minutes. MRS. CROWE MOVED
TO APPROVE the minutes and the motion was seconded. The motion CARRIED by
unanimous voice vote.
SPECIAL MEETING - December 14, 1983.
r The minutes were submitted to the Commissioners prior to the
December 21, 1983, Regular Meeting. MR. KNIGHT MOVED TO APPROVE the
minutes and the motion was seconded. The motion CARRIED by unanimous voice
vote.
2. APPEARANCE REQUESTS WITH PRIOR NOTICE AND AUDIENCE COMMENTS.
A request was made by Mr. Dan Ogg to move Item IOA, Case 83-069,
request to purchase currently leased land from the Kodiak Island Borough,
ADL 44355, Monashka Bay Road (Timberline Inc.), to Item 2A. The consensus
of the Commission was to move Item 10A to Item 2A, and not to take any
action on the item. Case 83-069 DIED without having been removed from the
table.
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3. PUBLIC HEARING ON CASE 83-143. Request for a variance from Section
17.040.010, Projections Into Required Yards, allowing construction of a
deck into the front yard setback on Lot 35, Block 19, Kodiak Townsite
Subdivision, 410 Rezanof Drive West (Anthony D. Cristaldi).
There was no additional staff report. MR. GREGG recessed the Regular
Meeting and opened the Public Hearing. There were no audience comments,
and MR. GREGG recessed the Public Hearing and opened the Regular Meeting.
MRS. CROWE MOVED TO GRANT THE REQUEST for a variance from the Borough
Code to allow for the construction of a deck into the front yard setback
requirements on Lot 35, Block 19, Kodiak Townsite Subdivision. MR. HILL
seconded the motion and the question was called. The motion CARRIED by
unanimous roll call vote.
4. PUBLIC HEARING ON CASE 83-144. Request for the modification of
lease with the Kodiak Island Borough to expand existing facilities on
Tract A, ADL 36049, Monashka Bay Road (VFW).
MS. FREED reported that the proposed plan included six apartments, a
multi -family dwelling, as part of the expansion of the VFW building. A
multi -family dwelling is not an approved or an allowed use in the
Conservation zone in which this property is located. The Commission, if
approving the development as planned, would have to either rezone the
property or grant an exception allowing multiple -family dwellings in a
Conservation District. Also, MS. FREED reported that the original lease
between the state of Alaska and the VFW was included in the handout
material to the Commission. This inherited lease has not changed, except
for the dollar amount that the VFW pays in rent. The classification of
"private recreation" also has not changed. There would be a necessity to
change or modify this lease agreement to give definition to the kinds of
activities that can take place on that property, if the Commission agrees
with the plans submitted by the VFW. MS. FREED further noted that "private
recreation" is not defined in the lease agreement.
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MR. GREGG recessed the Regular Meeting and opened the Public Hearing.
MR. TOM SWEENEY, Board of Trustees and Chairman of the Building
Committee for the VFW, was present and spoke before the Commission.
MR. SWEENEY stated he was not aware of the term "private recreation" and
was always under the impression that the lease was for "public recreation."
MR. SWEENEY stated that the VFW has always been open to the public, and he
requested that the Borough now change it to a "public recreation" lease.
MR. SWEENEY commented on the proposed apartments in addition to the
building. One apartment, for the manager of the building, exists now and
has been there since the building was built. The proposed area for the new
apartments is in the same building and will assist in financing this three-
phase development.
MR. SWEENEY explained in detail the VFW's plans to upgrade the
existing facilities, improve services to the elderly, and provide general
assistance to the community.
MR. RENNELL stated that he was uncomfortable with apartments being a
part of the plan and asked Mr. Sweeney if removing the proposed apartments
would devastate the plan.
MR. SWEENEY stated again that renting the apartments would initially
help the financial aspect of the development and, at a later date, would be
used to provide staff and construction personnel with a living area.
r MR. SWEENEY was unsure if development plans could withstand the loss of the
proposed apartments which would aid in financial matters.
MR. KNIGHT questioned Mr. Sweeney on how soon the development would
turn into phase two, and whether or not the apartments would remain multi-
family housing units to cover the VFW's debts for some time to come.
MR. SWEENEY presented MR. JERRY NEILL to answer that question.
MR. JERRY NEILL, present Junior Vice -Commander of Post 7056, VFW,
member of the building committee for the VFW, and executive director of the
Kodiak Area Chamber of Commerce, explained the concept involved in renting
the proposed utility apartments (960 square feet) for not more than the
Regular Meeting - 2 - December 21, 1983
KIBS225455
first two years. These two years would financially allow the VFW time to
acquire accurate figures and "bookings" from both local and business groups
who would be using the expanded facilities in the future. Operation of
this type of facility, with seating capacity of 500 people and separate
dining facilities, would eventually retire the debt service.
As the project proceeds into phase two, the utility apartments would
be utilized by construction personnel and eventually future staff.
MR. NEILL stated that this concept would be necessary and would have a
definite role in the over-all plan and the final development.
r MRS. CROWE clarified the size and density of the six apartments and
stated that the question is whether or not to allow housing in the area.
Mrs. Crowe posed the idea that if the project did not "get off the ground"
that the VFW would continue to rent or house people in that area.
Mr. Neill agreed that staff would continue to live in the area.
MR. HILL questioned Mr. Neill on the request to change the lease from
"private" to "public", even though the VFW has basically been a "private"
club.
MR. NEILL stated he did not have prior knowledge of the lease being a
"private" lease, and opening it up to the public would engender some
control problems. However, neither the building committee nor the current
leadership of the post had addressed this particular problem.
MR. HILL suggested to Mr. Neill that the VFW would be better off
leaving the lease as a "private" lease; however, the Commission would make
a recommendation to the Borough Assembly to change the word "private" to
"public." Mr. Neill agreed with this suggestion and stated (regarding
Mr. Sweeney's request to change the lease) if that decision would gain the
favor of the Commission, the VFW would be willing to make that concession,
even at this early date and without legal review.
MR. KNIGHT questioned the use of previous R/V (recreational vehicle)
!— space on the property. Would the area be opened as an R/V park, renting
space during the summertime?
MR. NEILL answered that this was correct and would be handled through
the Department of Veterans of Foreign Wars, a state agency. Also, if the
space was available, it would be offered to the public.
MR. HILL stated for the record that the R/V use in the area was only
temporary and did not set a precedence for future R/V use in the same area.
CATHY CORDRY, Marmot Drive, spoke in opposition to the request. Her
feeling was that the apartments would be in conflict with private
enterprise, and that there should be more public input on the issue.
MR. DAVE GETTIS spoke in favor of removing the trailers from the area
of the VFW.
MS. FREED read a letter into the record from concerned citizens in the
Monashka Bay area:
Dear Commissioners:
As many of the Planning and Zoning Commissioners may well be
aware there is an effort in the Monashka Bay community to form a
committee to draft a comprehensive plan for this area. We feel
there is a need to establish some community goals and objectives
for future development and conservation.
r The request, by Timberline and the VFW, to purchase their
currently leased locations in Monashka Bay is a concern of a
number of residents living within this area.
We realize that there may be no action, regarding these matters,
taken at the Planning and Zoning meeting scheduled for December
21, 1983 and we would like to submit this letter, to be placed in
the minutes of the meeting of December 21, 1983 to express our
ongoing interest in these matters.
The future use of the landfill site, as well as all future land
development within this area, must also be considered in the
plan.
Regular Meeting i - December 21, 1983
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Signed: Barbara Swearingin, Bill Swearingin, Cathy L. Cordry,
Shawn Dillon, Debra Dillon, Deborah Burgy, Robert Burgy, Ed
Missal, Nancy Missal, Monashka Bay area.
MR. DAN OGG was present and posed the question of how much it would
cost the developers to build the facility without the apartments.
Mr. Sweeney was uncertain of the exact figures (he guessed at $50,000) and
drew a brief sketch of the proposed apartments.
MR. GREGG closed the Public Hearing and opened the Regular Meeting.
i� Some discussion followed concerning residential use on Conservation land.
Mrs. Crowe asked for an opinion on the terms "private" and "public" con-
cerning the lease. Ms. Crowe requested a draft lease modification.
Discussion followed on the advertised public hearing on the lease
modification and it was the consensus of the Commission that no action
could be taken on granting an exception as there had not been sufficient
public notice.
Mr. Sweeney requested that the Commission let them know exactly what
is needed from them and they would be happy to provide it.
Mrs. Crowe directed staff to put the request for an exception on the
agenda for the January 18, 1984, Regular Meeting and MOVED TO TABLE
CASE 83-144 to the January 18, 1984, Regular Meeting for action.
Mr. Rennell seconded and the motion CARRIED by unanimous voice vote.
5.• PUBLIC HEARING ON CASE 83-145. Request for a variance from
Section 17.57.020, Off -Street Parking and Loading, to provide for less
parking spaces than required for a clinic on Lot 14A-1, U.S. Survey 3098,
1914 Mill Bay Road (David A. Colwell).
Ms. Freed reported the request for variance would allow 10 parking
spaces rather than 14 new spaces required by code. Mr. Gregg recessed the
Regular Meeting and opened the Public Hearing.
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MR. JIM BEDRICK, designer of the building for Dr. Colwell, was present
and stated that this was not an expansion of the building, just an up-
grading.
There were no further audience comments and Mr. Gregg closed the
public hearing and opened the Regular Meeting.
MR. HILL MOVED TO GRANT A REQUEST FOR VARIANCE on Case 83-145, a
request for a variance from Section 17.57.020, Off -Street Parking and
Loading, to provide for less parking spaces than required. Mr. Patterson
seconded and the question was called. The motion CARRIED by unanimous roll
call vote.
6. PUBLIC HEARING ON CASE 83-146. Request for a conditional use permit
in accordance with Section 17.18.030, Conditional Uses, to operate a home
occupation from a residence on Lot 42, Block 12, Aleutian Homes Sub-
division, 713 Lower Mill Bay Road (Pearleen Hunter).
MS. FREED reported that Ms. Hunter was agreeable to providing parking
on Lot 43, the adjacent lot, if the Commission felt necessary. Ms. Freed
reported that there is approximately 3,100 square feet available for
parking, including the ingress and egress. Sixteen (16) spaces would fit
(� on the two lots, and approximately 8 spaces on Lot 42.
MS. CROWE asked if Ms. Hunter was not going to build on the second
lot. MS. FREED answered for Ms. Hunter that she is going to build on both
lots, but both lots have considerable amount of land available for addi-
tional parking. Ms. Hunter will be providing the off-street parking
necessary for that single-family dwelling on Lot 43.
Discussion followed between Ms. Freed and Mrs. Crowe concerning the
home occupation growing into a retail store and how the Community Develop-
ment Department would determine that growth on a yearly basis. There was
also discussion on curb -cuts and whether or not the parking would be safe.
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Regular Meeting - 4 - December 21, 1983
MR. GREGG recessed the Regular Meeting and opened the Public Hearing.
There were no audience comments, and Mr. Gregg closed the Public Hearing
and reconvened the Regular Meeting.
MR. HILL MOVED ON CASE 83-146 TO GRANT A REQUEST for a conditional use
permit to allow a home occupation in an -1, Sing e- amily Residential
area, Lot 42, Block 1, Aleutian Homes Subdivision, with the four conditions
included in the staff report of December 14, 1983, changing item #4 to read
"Length of the conditional use permit shall be one year." Mrs. Crowe
seconded the motion and the question was called. The motion CARRIED by
unanimous roll call vote.
7. PUBLIC HEARING ON CASE 83-147. Request for a variance from the
requirements of Section 17.17.050, Rear Yard Setback, allowing for
construction of an attached garage on Lot 4B-1, Block 2, Bells Flats Alaska
Subdivision (MPA Construction for William Williams).
There was no additional staff report. MR. GREGG recessed the Regular
Meeting and opened the Public Hearing. There were no audience comments and
Mr. Gregg closed the Public Hearing and reconvened the Regular Meeting.
MRS. CROWE MOVED TO GRANT THE REQUEST FOR A VARIANCE from a rear lot
line setback to allow construction of an attached garage on Lot 4B-1,
Block 2, Bells Flats Alaska Subdivision, subject to the conditions of the
staff report of December 14, 1983. The motion was seconded by Mr. Rennell
and the question was called. The motion CARRIED by unanimous roll call
vote.
8. PUBLIC HEARING ON CASE S-83-053. Preliminary vacation of Lots 10A,
11A, and 11B, Block8, Leite ition; and replat to Lots 10B and 11C,
Block 8, Leite Addition, U.S. Survey 1681 (Mr. Robert Simpler).
MR. CROWE reported that 34 public hearing notices were sent out and
one was returned in favor of the request. MR. GREGG recessed the Regular
Meeting and opened the Public Hearing. As there were no audience comments,
Mr. Gregg closed the Public Hearing and reconvened the Regular Meeting.
MR. KNIGHT MOVED TO APPROVE CASE S-83-053, vacation of Lots IDA, 11A,
and 11B, B ock 8, Leite Addition; and rep at to Lots 10B and 11C, Block 8,
Leite Addition, U.S. Survey 1681, with the following conditions as pointed
out in Mr. Crowe's memorandum of December 14, 1983. Mr. Hill seconded the
motion and the question was called. The motion CARRIED by unanimous roll
call vote.
9. CONSIDERATION OF CASE S-83-054, final approval of subdivision of a
Portion of Tract B, U.S. Survey 1682 to Tract B-1, U.S. Survey 1682,
(Mr. John Rauwolf and Kodiak Assembly of God Church).
Mr. Hill questioned Item #2 of the staff report and Mr. Crowe stated
that this was a request from KEA when KEA reviewed the plat.
MR. HILL MOVED ON CASE S-83-054, final subdivision of a Portion of
TractSurvey 1682 to Tract -1, U.S. Survey 1682 per conditions of
the memo of December 14, 1983. Mr. Rennell seconded the motion and the
question was called. The motion CARRIED by unanimous roll call vote.
10. OLD BUSINESS:
b) CASE 83-135. Request for a variance from the requirements of
Section 17.51. 50, rea (side yard setback), to allow for the construction
of an accessory building on Lot 91' Block 33, East Addition Subdivision,
716 Mission Road, TABLED November 16, 1983, (William Bacus).
MR. HILL MOVED TO
sec
Regular Meeting
E THE ITEM FROM THE TABLE and the motion was
e motion CARRIED by unanimous voice vote.
KIBS225458
- 5 - December 21, 1983
MS. FREED reported that the conditions of approval that had been
discussed earlier under "A" of the staff report should be changed to read
"doors on the garage that fold into the roof" rather than just into the
structure to prevent a hazard on Mission Road; under "B" of the staff
report, the Commission might wish to request no outdoor storage; and "C" of
the staff report, siding had been discussed in an attempt to reduce the
"warehouse appearance" in a residential area.
MR. BACUS was present to answer questions for the Commission.
MR. RENNELL MOVED TO APPROVE CASE 83-135, a request for a variance
from the requirements of Section 17.51.050, Area (side yard setback), to
allow for the construction of an accessory building on Lot 9, Block 33,
East Addition Subdivision, 716 Mission Road, as per the memo of
December 14, with the following corrections: striking "C" and adding
another condition that no outside storage is visible from Mission Road.
Mr. Hill seconded the motion and the question was called. The motion
CARRIED by unanimous roll call vote.
IOC) CASE 83141. Request for an exception from Section 17.21.040,
Building Heig t ,a - %wing for erection of an 80' wind generator in a'
Business district on lots 6 & 10, Block 14, New Kodiak Subdivision, Holmes
Johnson Clinic, TABLED November 16, 1983, (R. Holmes Johnson).
MR. GREGG declared a conflict of interest and stepped down from his
seat. MR. RENNELL, vice-chairman, took the chairman's seat.
MR. HILL MOVED TO REMOVE THE ITEM FROM THE TABLE and the motion was
seconded. e motion CARRIED by unanimous voice vote.
MS. FREED reported the return a public hearing notice in opposition to
the request. Also, Dr. Bob left a memo with Ms. Freed from Sweeney
Insurance concerning coverage on the wind generator for possible property
damage. Concern has been expressed about the wind generator being in an
area where additional property damage coverage might be needed. There was
no additional staff report.
The Commission discussed the staff report findings, having a wind
generator in a downtown area, and the height of the wind generator. The
consensus of the Commission was that the generator would be more
appropriate in a rural area and not in a high -density area.
MR. GREGG stated he did not know how the Commission could make a
finding based on asthetics, and reminded the Commission that it did pass an
ordinance allowing radio stations in business districts, which would
include all associated structures, such as antennas.
MRS. CROWE MOVED TO GRANT A REQUEST FOR AN EXCEPTION from
Section 17.21.040, Bui ing Height, to allow the assembly of a wind
generator adjacent to the owner's business on Lot 6 & 10, Block 14, New
Kodiak Subdivision. The motion was seconded and the question was called.
The motion FAILED by unanimous roll call vote.
MR. RENNELL requested the Commissioners state for the record their
reasons for voting "no." MRS. CROWE stated she did not feel this belongs
in a high -density area because of the potential hazard to the people in
that area. MR. KNIGHT felt it would have an adverse affect on the skyline
and the appeal oak. MR. PATTERSON did not think it was justified to
exceed the 50' limit due to t e necessity of having a wind generator in
downtown Kodiak, and also the dense population. MR. RENNELL concurred with
Mr. Patterson regarding the 50' height and felt it wo�dFee—safer for the
public's welfare if the wind generator were located in a more rural setting
where there wouldn't be as dense a population. MR. HILL felt as he always
has in the past with wind generators in the downtown area, stating the city
of Port Lions as an example. He has never approved of Stan Baltzo's
generator in the area and is definitely opposed to having the generator in
the downtown area of Kodiak, and would feel more comfortable with it in a
more rural area. -
MR. GREGG resumed his seat as Chairman. KIBS225459
Regular Meeting - 6 - December 21, 1983
r-
11. NEW BUSINESS: There was no new business.
12. COMMUNICATIONS: Ms. Freed noted that a letter from the Borough's
attorney, Mr. Jamin, was included as handout material to the Commission.
The letter was an opinion from the attorney describing what would happen if
there was a conflict between the zoning codes and the urban renewal plan.
Two other inquiries will be sent to the attorney: 1) regarding the
VFW lease question (the most appropriate description, given the two
options) just to expand the club facilities and still use it as public
recreation, and/or additional housing there; 2) what are the respon-
sibilites involved when issuing permits on land that is leased from the
federal government (either be it by state and/or subleased by private
individuals) so that we will have an attorney opinion on hand when people
do or do not come in for building permits on leased, federal lands.
13. ADDITIONAL AUDIENCE COMMENTS: There were no additional audience
comments.
14. CHAIRMAN'S REPORT:
MR. GREGG reported that he is very glad to be here and is looking
forward to an interesting, productive year. He would like to have a work
session to outline one vear's line of action and set priorities.
MS. FREED mentioned a set of draft departmental goals and objectives
to aid the Commission in outlining the year's priorities. Ms. Freed stated
one of the things we are attempting to do as departments within the borough
is to come up with some specific items that would be departmental goals so
that we might attach that to the budgetary process.
MRS. CROWE suggested a sign-up sheet for the P&Z representative to the
Borough Assembly (Mr. Gregg volunteered for January and Mr. Rennell
volunteered for February), a quarterly review on the goals that will be set
for the new year, and a quarterly, joint review with the Borough Assembly
to discuss mutual concerns.
15. COMMITTEE REPORTS: There were no committee reports.
16. COMMISSIONER'S COMMENTS:
MRS. CROWE mentioned a phone conversation with Mr. Tom Curly regarding
a home occupation on Murphy Way. Ms. Freed stated the home occupation was
a grandfathered, retailed use and that Mr. Curly might be expanding a non-
conforming use.
MR. RENNELL, directing comments at staff, had been asked several times
by residents regarding a park that is going in on the corner near his home.
The residents are concerned that the basketball court is too close to the
road (near the Turn-off Road). It was determined that the court is going
in a considerable distance from the road. Mr. Rennell strongly recommends
that the Commission meet with the Assembly and become familiar with the new
members' methods of procedure.
MR. GREGG commented on Tyler Gilmer's ad in the paper for lots for
sale not sure of area) on land that had only preliminary subdivision
approval.
17. DEPARTMENTAL REPORTS: There were no Departmental Reports.
18. ADJOURNMENT: The meeting adjourned at 10 p.m., December 21, 1983.
KIBS225460
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
BY
Ken Gregg, Chairman IV
Planning and Zoning Commission
DATE APPROVED: g l9g
Regular Meeting
-7-
December 21, 1983