1967-07-12 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING & ZONING COe*3SION MEETING - July 12, 1967
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The meeting was called to order at 7:45 p.m. in the Magistrate's Courtroom,
Donnelley Building, Kodiak, Alaska, by Chairman Arne Hansen.
II ROLL CALL
Present Absent
Arne Hansen, Chairman Herb Richmond
Ted Cross
John Waller
John Welch
Russ Williams
Also present: Jim Stansbury, Building Inspector; Sam Best, Ordinance
Committee Chairmen; Robert Erccks, Ordinance Committee
Member; Sally Hendrix, Secretary, taking minutes; and 5
people in the audience.
III MINUTES OF PREVIOUS MEETING - 6/28/67
Mr. Waller moved, seconded by Mr. Welch, that the minutes be accepted as written.
Motion carried by unanimous voice vote.
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A. Assembly - 7/6/67. There were no comments.
A. Mr. Bentson re Variance on Lot 15 Blk 5 Erskine Subdivision (Case 1-H). Mr.
Bentson reviewed the case. He explained that both the original application and
the appeal were not done in the proper form, according to the Borough Attorney,
and therefore the decision rendered was void and the case would have to be
redone from the beginning. He had attempted to complete a new application
letter which would be correct, but had not been able to complete it. He did
not know what to state concerning the Comprehensive Plan, since he was not
familiar with it. He asked if the Commission would set a public hearing on the
case for the next meeting, subject to his submittal of the new application
letter on the following day, after he had it approved by Mr. Madsen. The
Secretary explained that the Attorney had suggested that all application letters
be approved by him before submission to the Commission. There was concern that
this would cause everyone considerable delay. Also, it was felt that no state-
ments could be made concerning the Comprehensive Plan, since the 1980 Plan had
not been formally adopted by the Borough, and the new Plan has of course not
been started yet. It was felt that no action could be taken on Mr. Bentson's
request before submission of his application letter. He asked that they call
for a public hearing subject to submittal of the letter and to the Attorney's
approval. If the Attorney declares it incorrect procedure, he will present
the letter to the next meeting. Mr. Cross made a motion that a public hearing
be held on this case at the next meeting, subject to the submission of the
new application letter and the approval of the Borough Attorney. Motion
seconded by Mr. Williams and carried by unanimous voice vote.
VI PUBLIC HEARINGS
KIBS272533
- Hooert brooks - c;ase 1t31-A. It was
explained that no opinion had yet been received from the Attorney on the
legality of the aplication letter. Mr. Brooks requested that action be taken
even if it has to be done over again. It was explained that in connection
with exceptions and variances, it will be necessary for the Commission to send
a representative to make sure that the proposed use will not be injurious to
public health, safety or welfare or detrimental to other properties or uses in
the vicinity. It was further explained that a decision must be written
separate fran the minutes which contains the findings of the Commission. Mr.
Brooks' application was read. The Commission felt that it did state the facts
required by the ordinance under Section 3.A.7, that the use is desirable to
the public convenience and is in harmony with the objectives of the ordinance.
Mr. Waller moved, seconded by Mr. Williams, that the exception be granted.
The meeting was recessed and the public hearing opened. Mr. Brooks stated that
he was sure that none of his neighbors would object to his proposal. He feels
that the building will improve the neighborhood, and will not in any way be
injurious to it. There were no other comments and the hearing was closed and
meeting reconvened. The motion was carried by unanimous roll call vote. There
then followed a discussion on the Decision to be written separate from the
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PLANNING & ZONING CONmiiSSION MEETING - July 12, 1967 2
minutes. It was thought that the minutes were supposed to be the official
instrument of the Commission . However, since the Attorney called for a
separate decision to be written, it was decided that it should state, per his
suggestions, that the Commission had considered Mr. Brooks' application for
an exception under Section 3.A.7 of the ordinance, and that it is the opinion
of the Commission that the proposed use of a small tool rental and second
floor apartment rental will not be injurious to public health, safety or welfare
or detrimental to other properties or uses in the aicinity, and that it will
not be inconsistent with the general purposes and intent of the Zoning Sub -
Chapter of the Code; that it is desirable to the public convenience and will
improve the neighborhood. The Brooks were informed that an appeal period of
,— 10 days would follow before the decision would be final. It was also recalled
that the action may be voided by the Attorney if the application letter is not
correct.
It was felt that it would be difficult for many people to write legally correct
application letters for their requests. Mr. Welch moved, seconded by Mr. Cross,
that it be recommended to the Assembly that application forms approved by the
Attorney be made available in the Borough Office for distribution to individuals
wishing to request variances, exceptions, or rezonings. Motion carried by
unanimous roll call vote.
VIII SUBDIVISIONS - PtEr,"rmrnrARY APPROVALS
A. Part of Tract R, USS 3218 (Kil.arney Hills) - St. Mary's Catholic Church -
Case 12 -C. The plat was studied. The Engineer's reca miendations were read
that Woody Way should be extended and that the lot lines should be at 90 degree
angles with the streets. It was agreed that Woody Way should be extended, but
,it was felt that there would be less lots of a peculiar shape if the lot lines
were all at 90 degree angles with the streets. The ordinance allows a variance
to this requirement if it will provide a better street and lot layout. Mr.
Waller moved, seconded by Mr. Welch, that the preliminary plat be approved
subject to the extension of Woody Way, but not requiring that all lot lines
be at 90 degree angles to the streets since the layout is better as it is.
Motion carried by unanimous roll call vote.
A. Request for Rezoning from Industrial and Unclassified to R-2 - Part Tract R
•ine application letter was reaa. ire letter is still suodect to the Attorney s
approval. After discussion and study, Mr. Waller moved, seconded by Mr.
Williams, that it be recommended to the Borough Assembly that an ordinance be
prepared to rezone the subdivision to R-2 because it is adjacent to other
residential areas and is next to the new Catholic Church, school, convent and
rectory and would therefore more aptly lend itself to promote the general
welfare of the adjacent areas as well as achieve a more orderly and beneficial
community growth as R-2; add that if and when the Borough adopts a Comprehensive
Plan, it will be in harmony with the plan. Motion carried by unanimous roll
call vote.
B. Request for Rezoning from R-2 to Business - East Addn Blk 34 Lots Part 4 thru
lu - Al vickow. 'fne application letter was read. Tne letter was the second
attempt by Mr. Dickow to make it legally correct in compliance with the
ordinance, but is still subject to approval by the Attorney. After discussion
and study, Mr. Waller moved, seconded by Mr. Williams, that it be recommended
to the Assembly that an ordinance be prepared to rezone this property to
business because it is felt that apartments would be an asset to the community
because they are needed; that it is an area which the Commission recommended
some time ago to be changed to business, and that it will fit in with the
r.- Comprehensive Plan. Motion carried by unanimous roll call vote.
IX SUBDIVISIONS - FINAL APPROVALS KIBS272534
A. ISS 3100 Lot 14 - John Schreiner (CAse 10-B). The history of the case was
reviewed, and it was explained that the plat had been re -filed, since the time
had expired for completion of utilities or posting of bond. There was
considerable discussion on whether Mr. Schreiner should be required to make
the road 30 feet wide instead of 20 feet. Mr. Best stated that it had been
agreed by a previous Commission that roads serving 3 lots or less should be
allowed to be only 20 feet wide if there was no possibility of the streets
ever serving more lots. He felt that the ordinance should be formally amended
to permit this. It was agreed that the Ordinance Committee should take up this
matter and spell out a recommendation for a change in the ordinance concerning
street widths. There was also discussion with Mr. Schreiner concerning his
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PLANNING & ZONING COMPuSSION MEETING - July 12, 1967 3
plans for utilities. It was agreed that Mr. Schreiner obtain an updated
recommendation from Mr. Carter concerning the utilities, and that he then
discuss this recommendation with Mr. Jones concerning the amount of bond to
be posted, and that he at that time return to the Comission for approval of
this plat.
B. Vacation of Part of First Street and Replat of Lot 17 Bk 30 East Addition -
Brechan & Iani Case 12 -A . It was explained that the vacation had previously
been approved following a public hearing by the Assembly sitting as a P&Z
Commission. Mr. Best explained that only half of First Street was being
vacated and the other half would remain dedidated right of way. After discussion
r- and study, Mr. Williams moved, seconded by Mr. Cross, that the vacation and
replat be approved. Motion carried by unanimous roll call vote.
X OLD BUSINESS - None
XI PLANNING & STAFF ITEMS
A. Resolution 67-18-R Providing for the Permanent
Kodiak Community. The Resolution was read. It was explained that this
resolution had been proposed by the Centennial Committee. Mr. Stansbury
commented that new signs had already been ordered containing the old street
names. There was also concern expressed that the new city directory would be
useless if the names were changed, and that the names might be used instead
in a new subdivision. Mr. Waller moved, seconded by Mr. Cross, that action
on the resolution be tabled pending further research and study. Motion
carried by unanimous voice vote.
XLI AUDIENCE CCNA'=
A. Suggestion for Numbering of Houses. Mrs. Cross suggested that the project to
number all existing houses be completed. Mr. Williams said that he will take
this up with the Chamber of Commerce.
B. Home Delivery of Mail. Mr. Stansbury stated that he had petitioned the
postmaster for home delivery of mail, and was told that this might be possible.
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XIII ADJOURNMENT - The meeting adjourned at 10:30 p.m.
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Respectfully submitted,
Sally Hendr t, Secretary
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