1984-12-19 Regular Meetingr" KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - December 19, 1984 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:35 p.m. by Chairman Gregg on December 19, 1984 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Tim Hill Dan James Marlin Knight Mike Anderson III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development Department Dave Crowe, Borough Engineer Engineering Department Pamela Barr, Acting Secretary Community Development Department COMMISSIONER JAMES MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER HILL MOVED TO minutes of the e motion was CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS 19, 1984 ed and NICK SZABO voiced concern about the Community Development Department's present policy of dealing with violations on a complaint basis, stating that he would prefer to see continuous follow-up and enforce- ment of Borough ordinances and Planning and Zoning Commission decisions. Ms. Freed responded by stating that the department's administrative policy to enforce only complaints is based on two reasons: first, the department currently receives enough complaints to keep staff busy, and second, many Kodiak residents feel that government enforcement without a complaint is a form of harassment. VI PUBLIC HEARINGS A) CASE 84-128. Request for an exception from Section 17.17.020 (Permitted Uses) to permit the removal of approximately 101,000 cubic yards of rock from an RR1-Rural Residential One lot for the purpose of site development; generally located across from Bayside Fire Station and adjacent to an existing gravel pit. Lot 3, Block 3, Miller Point Alaska Subdivision; 3475 Island Lake Road. (Nick Goossen) LINDA FREED commented that there were some additional handouts: two public hearing notices and a map that was referred to at last week's work session. Regular Session closed. Public Hearing opened: SID PRUITT, JR. stated that he was opposed to rock removal in a residential area because it is noisy and hazardous. PETE DENELSKY, being represented by Mr. Pruitt, feels that the integrity of the residential neighborhood would be destroyed. KIBS225606 LEROY COSSETTE inquired about an alleged resolution before the Borough Assembly disallowing rock pits and site development in residential areas. CHAIRMAN GREGG stated that there was nothing before the Assembly, but that a motion at the Commission level triggered a revision of the ordinance pertaining to requirements for an exception for rock removal. MR. COSSETTE was opposed to the rock removal due to the noise level, the unsightliness, and the safety hazard presented by such a project. FRED TURCOTT asked whether the topography model was what the terrain would look like on completion of the rock removal, whether Mr. Goossen was planning to buy his own equipment for the job, and who would r-- oversee the job. CHAIRMAN GREGG explained that the model shows topography as it exists now and that the cutaway shows the proposed topography, and that Mr. Goossen was proposing to contract the job out. LINDA FREED explained that bonding is an enforcement tool available to the Borough that would insure that the project is completed, and that enforcement schedules could be imposed to insure that the project is completed according to specifications. MR. TURCOTT stated that he is opposed to a rock pit in a residential area, especially when there are no restrictions on working hours. FRANK BISHOP expressed great opposition to a rock pit in a residential area, fearful for the safety of his children and angered by people catering to contractors. BRIAN PRUITT expressed opposition to the proposed rock extraction because of the noise level, the necessity for tree removal which would create a wind tunnel as well as detract from the beauty of the area, and because of blasting which would jeopardize wells and septic tanks. STEVE PRUITT also opposed the rock pit. SUSAN BRUNER voiced concern for the recreational value of the area. She would like to see the request denied. NANCY LANCE remarked that she kept ear plugs next to her bed all summer because of the relentless noise from drilling and traffic. She opposed the rock pit on the grounds that the area's aesthetic value is the town's greatest asset, and that the rock pit would rape the land. SID PRUITT, SR., explained that he saved forever to get his property and that the rock pit would lower its value to about half of its present worth. He opposed the project. CHAD PRUITT stated that rocks and potholes make driving his small car through the area almost impossible. He also opposed the project. JEFF PRUITT opposed the project because of the safety hazard and because of the area's rural quality. MARY COSSETTE also opposed the project. SHIRLEY PRUITT explained that the rural residential zoning of the area was the reason she moved out there. She opposed the rock pit because of the destruction of trees and the rural quality of the area. RUSSELL PRUITT expressed opposition to a rock pit in a residential area. LESLIE WATSON commented that she is already on record for her overall r opposition to non -permitted uses in RR1 areas and stated that it is encumbent upon the Commission and the Borough to enforce zoning laws. TED GOOSSEN was in favor of the rock removal project and stated that Kodiak Contractors is still interested in the job, would be willing to bond, would comply with stipulations concerning hours of operation, and would work on a three-year or less time frame. A discussion followed as to who would be responsible for bonding arrangements. COMMISSIONER HILL thought Dave Crowe would be consulted on this matter. Public Hearing closed. KIBS225607 Regular Meeting -2- December 19, 1984 Regular Session opened: COMMISSIONER ANDERSON questioned whether an alternative plan of reduced rock removal would lessen adverse public testimony. LINDA FREED stated that Mr. Thompson is the owner of Lot 4A(2), which has an easement across it, and has submitted two public hearing notices stating opposition to the rock removal project. COMMISSIONER KNIGHT asked if the Commission's position was to negotiate, or to accept or reject a request as submitted. He requested an end to the discussion concerning easements. I COMMISSIONER RENNELL stated that some of the testimony sounded like "they the finger at us." He stated for the record that I were pointing he also lives in Monashka Bay, that the Commission did not request the removal of any rock, and that the Commission did not initiate the proposal but rather is arbitrating it. He stated opposition to industrial use on residential property. COMMISSIONER ANDERSON stated that because the lot is so steep it would be impractical for building purposes; therefore, rock removal to a lesser degree would be the best deal. COMMISSIONER HILL stated opposition to the project on the grounds that removal of 100,000 cubic yards of gravel is excessive and that three years is too long for residents to endure. COMMISSIONER JAMES MOVED TO APPROVE A REQUEST FOR AN EXCEPTION from Section 17 17 020 (Permitted Uses) of Borough code to permit the removal of approximately 101,000 cubic yards of gravel on an RR1-Rural Residential One lot, Lot 3, Block 3, Miller Point Alaska Subdivision. The motion was seconded and FAILED by unanimous roll call vote. LINDA FREED commented that the applicant has the opportunity to appeal the Planning and Zoning Commission's decision to the Assembly and that the appeal must be submitted in writing within ten days to the Borough r Clerk. IFindings of Fact will be deferred until the next regular meeting. B) CASE 84-131. Request for a variance from Section 17.34.030(B) (Lot Width) to permit construction of a zero -lot -line structure on a lot that exceeds the three -to -one depth -to -width radio. Lot 6, Block 4, Elderberry Heights 4th Addition; 1712 Lynden Way. (Michael Killen) Staff had no additional comments. Regular Session closed. Public Hearing opened: RAY BAGLIN, as well as TERRY BRONNER, appeared to express favor for the variance and to represent MIKE KILLEN, who was out of town. Public Hearing closed. Regular Session opened: COMMISSIONER HILL MOVED TO APPROVE A REQUEST FOR A VARIANCE from Section 17 34 030(B) of Borough code to permit the construction of a zero -lot -line structure on a lot that exceeds the three -to -one depth -to -width ratio Lot 6 Block 4 Elderberry Heights Subdivision r 4th Addition. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 84-132. Request for an variance from Section 17.17.040 (Area Requirements) to permit the creation of two lots that fail to meet the 20,000 square foot lot area requirements for RR1-Rural Residential One lots serviced by public utilities. Lots 11, U.S. Survey 3103, on the back side of Island Lake; 3181 Peninsula Road. (Robin Heinrichs) KIBS225608 Regular Meeting -3- December 19, 1984 LINDA FREED commented that there was one additional public hearing notice against the request and a memo from Dave Crowe. Regular Session closed. Public Hearing opened: PAT SZABO expressed opposition to this subdivision. She remarked that when the rural residential district was changed to allow lots of 20,000 square feet there was little objection, but a limit has to be a limit. She stated that this request was brought before the Service District Board as a question of right-of-ways vs. easements, but regardless of the name, the houses on this property will be r unacceptably close to any road. ROBIN HEINRICHS spoke in favor of the variance, stating that another house in the area would not have an adverse impact, that the missing 1,000 square feet from one of the lots would not be noticeable, and that extraordinary circumstances merit consideration. Discussion followed concerning (1) the "extraordinary circumstances" of these lots being plotted on a peninsula, which limited their original size, and (2) the Engineer's memo requesting that the variance include a provision for a 30-foot-wide platted right-of-way. COMMISSIONER HILL stated his belief that the right-of-way issue should be addressed later at the time of subdivision. LINDA FREED pointed out that if a variance is granted for a certain size lot and then a right-of-way is required, the variance won't cover the shrunken lot. Her suggestion was to adopt the motion the staff proposed and defer right-of-way discussions until the time of subdivision proceedings. SCOTT ARNDT spoke in favor of the exception, stating that this lot is one of the few lots in the area that is subdividable and that would provide proper parking and access. NICK SZABO observed that not everybody is waiting for the opportunity to subdivide, rather they bought their lots in the area because of their size, the trees, and the privacy they afford. Public Hearing closed. Regular Session opened: COMMISSIONER HILL commented that he was in favor of the variance because just under 19,000 square feet is close enough to the 20,000 square foot minimum. COMMISSIONER JAMES commented that a 20 percent shortfall of the required lot area for each subdivided lot is excessive. COMMISSIONER RENNELL concurred with Commissioner James. COMMISSIONER KNIGHT remarked that during the original hearings for changing the rural residential ordinance, the Commission had discussed the possibility of adopting a 15,000 square foot minimum. He had felt 15,000 square feet to be a reasonable figure at that time and, there- fore, felt that the exceptional circumstances involved in this case allowed a variance to be granted. CHAIRMAN GREGG observed that there are many 40,000 square foot lots in the area, and to maintain a strict 20,000 square foot minimum would exclude the majority of residents from subdividing because of area given up to easements. He also stated that these slightly smaller lots would not noticeably affect the density in the area. COMMISSIONER ANDERSON concurred with Chairman Gregg. COMMISSIONER HILL MOVED TO APPROVE A REQUEST FOR A VARIANCE trom Section 17 17 040 of the Borough code to permit the creation of t lots that fail to meet the 20,000 square foot requirement for RR1-Rural Residential One lots serviced by public utilities. The motion was seconded and CARRIED by majority roll call vote with Commissioners James and Rennell voting No. D) CASE 84-133. Karluk Village Comprehensive Development and Capital Improvement Plan. (Community Development Department) Regular Meeting KIBS225609 -4- December 19, 1984 LINDA FREED commented that if this case were approved tonight, it would not be going to the Assembly until the February meeting because the incorrectly labeled maps in the plan are being corrected. Regular Session closed. Public Hearing opened: No comments. Public Hearing closed. Regular Session opened: COMMISSIONER JAMES MOVED THAT THE KODIAK ISLAND BOROUGH PLANNING AND i-- ZONING COMMISSION RECOMMEND THAT THE KODIAK ISLAND BOROUGH ASSEMBLY APPROVE the Village of Karluk Comprehensive Development and Capital Improvement Plan by resolution and amend Chapter 17.02 (Comprehensive Plan) of the Borough code to include this plan as shown in the memo from the Community Development Department dated 12/9/84. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN GREGG called for a ten-minute break. The meeting recessed at 9:04 p.m. and reconvened at 9:14 p.m. CASE 5-84-053. Subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision, First Addition; to Lots 7A, 7B, and 7C. (Joy D. Andrews) DAVE CROWE explained that an additional memorandum dated December 17 was written to the Commission after receiving a revised plat from Mr. Tarrant. The lot lines were realigned so that two lots had access from Lilly Drive. Forty-eight public hearing notices were sent out --one was returned undeliverable and one was returned from Lorna Arndt objecting to the closure of the existing road running through the property. Mr. Crowe's understanding of land law is that as long as another form of access (Lilly Drive) is provided, there is no legal requirement to keep the existing road open. It would, therefore, be a question for the adjoining landowners to settle. Regular Session closed. r - Public Hearing opened: MR. TARRANT stated from the audience that he was representing Ms. Andrews regarding the new design. DONALD ARNDT stated that for 17 years this road has been an access to Lot 8, owned by his daughter. If an arrangement can be made for the continued use of that access, there would be no objection to the subdivision. CHAIRMAN GREGG commented that the daughter would have the same legal rights to the access whether the subdivision took place or not. Public Hearing closed. Regular Session opened: COMMISSIONER HILL questioned whether the owner of proposed lot 7A could shut the existing road off at any time. DAVE CROWE restated that his understanding of land law is that the existing road was access to Lot 8 until such time as Lilly Drive, the platted access for Lot 8, was constructed. The existing road is not shown on the plat. It is there by use, and there is no record of any agreements. r - COMMISSIONER ANDERSON compared this case to tying onto a neighbor's water line --an agreement between neighbors without the Borough, laws, and/or deeds entering into it. COMMISSIONER JAMES MOVED on the subdivision of Lot 7, Block 1, Miller Point Alaska Subdivision Case No. 5-84-053, that final approval be granted for this subdivision subject to the following conditions: (1) That separate signature lines and notary acknowledgements be provided for Orlo T. Andrews and Joy D. Andrews, (2) that the box number 2982 be shown under the "Prepared for" portion of the plat, an( (3) that a signature line and notary acknowledgement be provided for the lending institution, if any. The motion was seconded and CARRIED by unanimous roll call vote. Regular Meeting -5- g g KIBS22561� December 19, 1984 VII OLD BUSINESS A) CASE 84-126. Findings of fact for the denial of a request for a variance from Section 17.13.040 (Area Requirements) to permit the creation of lots less than the required five acre minimum in the Conservation zone, generally located around Kodiak Island and formerly owned by D.M.C. Properties - Del Monte. (Alagnak Associates) LINDA FREED stated that this case has been appealed by the applicant and is scheduled for the February Assembly meeting. r - COMMISSIONER KNIGHT requested that another item be added: the feasibility of the enforcement of sewer and water requirements for small lots on these remote parcels, and the potential environmental damage if the regulations are not complied with. COMMISSIONER RENNELL MOVED TO ADD THE ABOVE AS NUMBER 4 AND ACCEPT THE FINDINGS OF FACTS as drafted by staff in the memo dated December 12, 1984. The motion was seconded and CARRIED by unanimous voice vote. VIII NEW BUSINESS A) There were no corrections or changes to the Resolution of Appreciation for Virginia Crowe. COMMISSIONER HILL MOVED TO APPROVE THE RESOLUTION OF APPRECIATION. The motion was seconded and CARRIED by unanimous voice vote. IX COMMUNICATIONS A) Request from Pearleen Hunter to extend her Conditional Use Permit for a year for a ceramics shop. COMMISSIONER HILL MOVED TO GRANT AN EXTENSION TO PEARLEEN HUNTER'S USE PERMIT. The motion was seconded and CARRIED ice vote. B) Letter from Schmelzenbach dealing with the Rassmus Anderson case. C) Memo from Mike Steele, the new Zoning Officer, regarding the erection of a fence on a lot in the Kadiak Alaska Subdivision by the Alwerts, a previous condition placed on the lot by the Commission. D) Memo concerning building height determination measurement for zero -lot -line structure on Lot 1, Block 6, Baranof Heights Subdivision. SSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT OF COMMUNICATION ITEMS The motion was seconded and CARRIED by unanimous vote. X REPORTS LINDA FREED reported that: A) A Borough Parks Meeting will be held December 20, 7:30 p.m., in the School District conference room. Commissioner Anderson is the appointed representative; B) a Joint Meeting with the Assembly is tentatively scheduled for January 10; C) the Planning and Zoning Commission's work sessions of December 26 and January 2 have been cancelled. The next scheduled meeting, the packet review for the January meeting, will be January 9; and D) Mr. Szabo's statement that Commission decisions are not followed up on is unfounded. An attempt is made to follow up on Commission decisions and the conditions of those decisions enforced, but enforcement is difficult and time-consuming. Regular Meeting KIBS225611 6- December 19, 1984 XI AUDIENCE COMMENTS r-- 7 There were no audience comments. XII COMMISSIONERS' COMMENTS CHAIRMAN GREGG mentioned that the City Council is considering charging $250 to hear an appeal and suggested that staff write a letter expressing that: (1) It is the duty of the City Council to hear appeals, (2) it is not in the interest of justice to stifle appeals, (3) it is encumbent upon the City, through taxes, to pay appeal charges, (4) the present $50 appeal fee is adequate to discourage frivolous appeals, and (5) everybody has the right to appeal, frivolous or not. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 9:48 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: en Gregg, Chai ATTEST BY: ? Utl LLhJ J Pamela Barr, Acting Secretary DATE APPROVED: I 1 i(P1 gS KIBS225612 Regular Meeting -7- December 19, 1984