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1967-04-12 Regular MeetingON KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION REGULAR MEETING - April 12, 1967 I CALL TO ORDER 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 Henry Breckberg r- John Waller John Welch Russell Williams Also present: Ralph Valkama, Assessor; J. L. Stansbury, Building Inspector; and approximately 10 people in the audience III MINUTES OF PREVIOUS MEETING - 3/29/67 Mr. Waller made a motion, seconded by Mr. Williams, that the minutes be accepted as written. Motion carried by unanimous voice vote. IV OTHER MINUTES A. Assembly - 4/6/67 B. Ordinance Committee - 4/4/67 There were no comments. V CORRESPONDENCE - PEOPLE TO BE HEARD - None VI PUBLIC HEARINGS A. R uest for $xception to Construct Radio Transmitter and Antenna System in r, Une assified and Conservation Zones - USS 1682, 0 acres In Southeast Corner - Midnight Sun BroadcasEers e 7 -A a meeting was recessed and public hearing opened. The Mi t Sun representative explained that they had submitted ah application to FAA for approval for a 300 foot high tower. At the end of 30 days, if no complaints are heard by FAA, approval will be granted. Mr. Cornelius spoke in favor of the exception. He felt that a radi( station would be of great benefit to the community, especially if owned by a reliable concern such as this group. He stated that attempts have been made for 12 years to establish a radio station in Kodiak. There were no further comments, and the hearing was closed and meeting reconvened. Mr. Waller moved, seconded by Mr. Williams, that the exception be approved subject to approval of the tower by FAA. Motion carried by unanimous voice vote. VII ZONING ITEMS - PRELIMINARY REVIEW A. Request for Exception to Build, Store and Sell Crab Pots in Unclassified Zone - USS 3100 Lot bB - Ted Olafson (Case 174-A). Application letter was read. Mr. Olafson stated that the building he wished to use is located 30 to 40 feet back from the road, and that he could store the pots on the rear of the lot. After further discussion, it was decided that a public hearing should be held on this request. Mr. Waller moved, seconded by Mr. Welch, that a public hearing be held on this request at the next meting. Motion carried by unanimous voice vote. B. Request for Exception to Parking Requirements for Hotel, Restaurant and Bar - Townsite Blk lit Lot 19 - Rollyn Ball (Case 155-B). Application letter was read. There was a discussion on the parking requirements of the ordinance, and it was determined that Mr. Ball's plans would require 55 parking spaces, and that he could supply only 23, 15 of which were required for the bar and restaurant. However, Mr. Ball stated that the hotel was intended entirely £or.cannery workers, and that only a very few of them had cars. Mr. Waller stated that he was in favor of the exception in this case, but that if one exception were granted, everyone else would ask for one. He suggested that perhaps the ordinance requirements should be changed. Mr. Hansen stated that he felt in this case there won't be more parking needed than will be provided. After further discussion, Mr. Waller made a motion, seconded by Mr. Welch, that the exception be granted. Motion carried by unanimous voice vote. KIBS272518 PLANNING & ZONING MEETING - April 12, 1967 C. Addn Blk 2 Lots 1 and [U - Max Therkelsen base It5-A). Application letter was read, and Mr. Therkelsen explained that his request was for continued commercial use of the lots, generally speaking, rather than for reconstructing the Drive -In as originally listed on the agenda. He stated that he had received several offers from individuals who wished to purchase the lots as Business property, but that no one was interested in them as residential property, since it would not be desirable to build a residence so close to three streets. It was explained that according to the Ordinance, since the property had been abandoned for over 90 days, it had reverted to the zoning of the area--R-1. Mr. Therkelsen stated that he was not familiar with the Ordinance, and he objected that he was not notified that he had 90 in which to re-establish his business in order to retain his grandfather's rights. It was pointed out that according to a previous attorney's opinion, it would not be possible to grant a business exception in an R-1 zone, but that if Mr. Therkelsen wished to ask for a rezoning instead, it could be recommended to the Assembly that the lots be rezoned, and possibly even a larger area, since there are several other businesses in the area. It was agreed that the lots were an Ideal location for a neighborhood business, such as a laundromat. It was then questioned whether rezoning of these two lots would be considered illegal spot zoning. A previous attorney's opinion on spot zoning was read. Mr. Hansen interpreted the opinion as meaning that it would be illegal to rezone the lots only in order to sell them as business lots, but that if definite plans for development of the lots were presented which would be considered beneficial to the community, the zoning would be valid. Mr. Therkelsen tier- eutrrltted a request for a rezoning of these two lots to Business. Acticn was tabled on this request until a new attorney's opinion is received on this case. It was noted that the original request for an exception should be formally denied. Mr. Welch moved, seconded by Mr. Waller, that the request for a Busienss exception be denied. Motion carried by unanimous voice vote. VIII SUBDIVISIONS - PRELIMINARY APPROVALS - None IX SUBDIVISIONS - FINAL APPROVALS - None X OLD BUSINESS A. ii�ension of Business District. There was a discussion on the sequence of events leading up to the disapproval of the proposed business rezoning. The Commission concurred in writing a letter to the Assembly based on this discussion, asking them to reconsider their decision on this rezoning. XI PLANNING AND STAFF ITEMS -- None XII AUDIENCE COMMENTS - None XIII ADJOURNMENT - The meeting was adjourned at 9:30 p.m. Respectfully submitted, Arnold Hansen, Chairman Sally Hendrix Planning & Zoning Commission Borough Secretary KIBS272519