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1967-09-13 Regular Meetinge"` ''1 r" r-- KODIAK ISLAND BOROUGH PLANNING & ZONING COMMISSION MEETING - September 13 1967 The meeting was called to order at 7:45 p.m. by Deputy Chairman John Waller in the Magistrate's Courtroom, Donnelley Building, Kodiak, Alaska. II ROLL CALL Present John Waller, Ed Haney John Welch Also Present Deputy Chairman Absent Arne Hansen (excused) Roy Madsen, Attorney; Sam Best, Ordinance Committee Chairman; and approx. 15 people in the audience. III MINUPES OF PREVIOUS IVEEI'IUt G A. Regular Meeting - 8/3o/67. Mr. Haney moved, seconded by Mr. Welch, that the minutes be approved as written. Motion carried by unanimous voice vote. Ett•14I _' lIaI4_ A. Assembly - 9/7/67• Them were no comments. VI PUBLIC HEART14GS A. - Townsite Blk 17 Lot 3 - Leonard Robinson (Case 187-A). The meeting was recessed and the public hearing opened. The map was studied, and the Attorney's opinion on spot zoning was read. Mr. Vogt, representing Mr. Robinson, stated that there were several reasons why this would not necessarily be spot zoning. The lot is contiguous to Business zoning, which lies across the street. Business areas must expand when necessary, and this fringe area is a logical direction for the expansion. Kodiak needs a laundry and dry cleaners, and a fairly large lot at a reasonable price is needed for it. Cleaners usually are: -located in a singe area such as this one. The location of the cleaners here would not be hPxmful to the adjoining property owners, although there are usually objections when Business areas expand. Four property owners spoke against the rezoning for the following reasons: there is limited access to the area and the road is not sufficinetly maintained to handle the traffic, there would not be enough parking area, there are no side- walks and there are many children who use the road, the road would be very difficult in winter•. and it was thought there is other property available in a Business zone. Mr. Cornelius stated that he had tried to find other property for 6 weeks and could not, and that the Urban Renewal property is too expensive. He stated that if this rezoning was not approved; he would attempt to find other areas to rezone for small businesses. Mr. Vogt stated that if the cleaners located there, the street would be improved. Mr. Faussett of Barr & Associates, also representing Mr. Robinson, stated that there is a 40 foot frontage which would provide parking for 5 cars. He also felt that locating the cleaners there would improve the area. Mr. Waller suggested considering the possibility of a larger area than only the one lot. Mr. Bolden stated that the majority of the people in the area wish it to remain residential. Mr. Vogt stated that the need for a cleaners in the community must be considered over the objections of the immediate property owners. The public hearing was closed and the meeting reconvened. The Commission studied the map further and discussed the ease. It was felt that the rezoning of the one lot would benefit its owner only, and that unless the road situation in the area is improved, it is not a good location for Business zoning. Mr. Madsen and Mr. Vogt then had a discussion on whether rezoning the lot would be spot zoning. Mr. Madsen stated that it definitely would be, and that if the rezoning were accomplished and a lawsuit filed against the decision, the decision would not stand up in court. Mr. Vogt stated that the housing in the area is old and sub -standard and that Kodiak has need of.a less expensive business area. He did not feel that this would be spot zoning. After further discussion, Mr. Haney made a motion, seconded by Mr. Welch, that it be recomnended to the Assembly that this request for the rezoning of Lot 3 to Busienss be denied, and that the Commission intends to hold a public hearing at their next meeting on September 27 on the question of rezoning the entire remainder of Block 17 to Business. Motion carried by unanimous voice vote. Mr. Haney volunteered to see Rolland Jones and investigate the possibility of the improvement of the streets in the area. KIBS272546 /'l "� PLANING & ZONING COMMISSION MEETING - September 13, 1967 2 r-- B. Request for Vacation of Alley,East Addition Blk 37 Between Lots 1-8 and 9-16 -- Pete Deveau et al Case 179 A . Mr. Haney made a motion, seconded by Mr. Welch, that the vacation be approved as shown on the plat. The meeting was recessed and the public hearing opened. Mr. Best explained that there are no utilities located along the alley now, but that the alley will be replaced on the plat by a 20-foot utility easement as required by KEA. There were no further comments and the hearing was closed and meeting reconvened. Motion carried by unanimous voice vote. �i��•z�• a �4�u�. � :� un� : ; : �►� a l A. Request for Exception to Build Four -Family Dwelling in R-2 Zone -- Baranof Heights Blk 7 Lots 4, 5, - Derald Schoon. The application letter was read. Mr. Waller explained that the request for an exception could not legally be considered, and it would have to be changed to a request for rezoning. Mr. Schoon asked if he could make a verbal request for a rezoning, and follow it up with a written request. During discussion it was felt that this would definitely be spot zoning and could not be done. Mr. Welch made a motion, seconded by Mr. Haney, that it be recommended to the Assembly that the request for rezoning be denied. Motion carried by unanimous voice vote. Mr. Schoon asked what the ordinance said about condominiums. i`4r. Madsen stated that they would be considered under R-3 zoning. The ownership would not make any difference, and no more than a two --family dwelling could be built in an R-2 ;tone. VIII SUBDIVISIONS -- PRELIMINARY A. Lot 14, USS 3100 -- John Schreiner (CAse 10-B). The case was reviewed and plat studied, and the Engineer's recommendations read. Mr. Haney moved that the preliminary plat be approved. Motion seconded by Mr. Welch and carried by unanimous voice vote. B. Parcel A, USS 1673, -St. Paul Overlook" - Cook Cleland & David Reese (Case 18 The application letter was read. The Engineer's recommendations that the pla r'— does not follow the reqummements of the subdivision ordinance and should not be approved, were read. Mr. Welch made a motion, seconded by Mr. Haney, that the plat not be approved because it does not meet the ordinance. Mr. Waller commented that it would not be wise to leave the location of the road up to the 11 purchasers, and that was the purpose in having the ordinance require that the road be platted, so there could be no arguments among the property owners. After further discussion, motion carried by unanimous voice vote. IX SUBDIVISIONS - FINAL -- None X OLD BUSINESS -- None XI PLANNING & STAFF ITEMS A. Resignation of Herb Richmond. The resignation letter was read. Mr. Haney moved, seconded by Mr. Welch, that Mr. Richmond's resignation be accepted. Motion carried by unanimous voice vote. XII AUDIENCE COMgENTS - None XIII ADJOURNMENT -- The meeting adjourned at 9:40 p.m. Respectfully submitted, KIBS272547 Waller, Deputy Chairman Sally Hendrix, Secretary