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1966-02-21 Regular MeetingKODIAK ISLAND BOROUGH PLANNING ZONING COMMISSION REGULAR MEETING # FEBRUARY 21 19 I Call to Order Chairman Cornelius called the meeting to order at 7:45 p.m. in the Magistrate's Court, Donnelley Bldg., Kodiak, Alaska. 11 Roll Call Present Absent George Cornelius, Chairman Loren Chester Sam Best Sid Urie Chuck Edris (excused early) Dick Juelson Tony Perez (arrived late) Phil A derson Gene Erwin Also present: Sally Hendrix, Borough Secretary, taking minutes; Jim Stansbury, Building Inspector; and 9 people in the audience. Ill Minutes of Previous Meeting, February 7, 1966 Minutes were perused individually. Comm. Best corrected Par. VIII -B to read "Seconded by Comm. dris" instead of Comm. Juelson, and Par. VIII-A to read "there will be a few changes made in this plat" rather than "quite a few." Chairman noted that Harry Carter, Sanitarian, and Jim Stansbury, City /Borough Building Inspector, should be notified of all meetings and invited to attend. Comm. Best suggested that Messrs. Carter and Stansbury be added to the P&Z Procedures as Ex-Officio Members. The minutes were ordered approved as orrected. Minutes of Special Meeting, February 9, 1966 It was suggested that the Procedures be studied by the Commissioners for discussion at the next meeting on February 28, 1966. There were no corrections to the Special Meeting minutes. Iv Minutes of Borough Assembly - None Assembly Meeting minutes of February 17 will be ready for the next P&Z Meeting on February 28. V. Correspondence A. Info copy of letter and petition from Ben Bolden to the City re New Streets was passed around and perused by the Commissioners. There were no comments. VI Public Hearings A. variance East Addn Blk 35, Lot 7, M. Christofferson (Case #119-A) Chairman reviewed case. Comm. Anderson made a motion that the variance be approved. Seconded by Comm. Best. Chairman opened public hearing. Mr. Weisser requested more info on the case, and discussed it with Comm. Best, who disqualified himself. Mr. Breckburg asked if this variance was approved, would a similar one be turned down for someone else. Comm. Anderson replied that it was the policy not to jeopardize a person because of unusual circumstances of his lot. After further discussion, Chairman closed public hearing. Motion carried by roll call vote as follows YES NO Comm. Anderson Comm. Erwin Comm. Juelson Comm. Perez The meeting then moved into the Borough office K1BS272479 PLANNING ZONING MEETING - February 21, 1966 2 VII Zoning Items - Preliminary Review A. Exception, Erskine Blk 9, Lots 105 and 106, Chris Berg and Perry Dedrick (Case #1-F) Chairman reviewed case and read application letters. Comm. Anderson stated that the lots do not have enough square footage for triplexes and that they come under the Grandfather's Clause as R2, not as R3. It was stated that a lot size variance would be required for the buildings to be used as R3. It was suggested that a temporary permit be issued for R3 use. Comm. Anderson objected because others in the area might try to do the sane thing. Chairman suggested that this would not happen because approvals must now be obtained from the Building Inspector and Sanitarian. After further discussion, in which the critical housing shortage was noted, Comm. Erwin made a motion that 4 temporary permit fcr three years, subject to renewal, be granted to allow the use of an apartment in each basement of the present building. Seconded by Comm. Perez. Motion amended to replace the word `permit " if a more suitable word is found. Motion carried on roll call vote as follows YS NO x Comm. Best Comm. Anderson Comm. Erwin Comm. Juelson Comm. Perez Chairman asked what procedure will be followed for future building permits. Secretary replied that a procedure is now being worked out by Jim Stansbury, Building Inspector. Comm. Best suggested that "certificate of occupancy" or "use permit" replace the word "permit' in the motion, as described under Section 18 of Ordinance 64 -5. He also stated that the Ordinance would not be jeopardized by this exception, since it is only temporary. B. Variance, Leite Blk 7, Lot 5, R. Hendricks (Case #122-A) Chairman reviewed case. Comm. Best made a motion that a public hearing on this case be scheduled for March 14. Seconded by Comm. Perez. Motion carried by voice vote. VIII Subdivisions - Preliminary Approvals A. [ASS 2843, Blk 2, Lots 1, 2, 3, American Baptist Mission (Case #79-B) B. USS 1822, Blk 1, Lots 1, 2, American Baptist Mission (Case #120-A) These two cases were discussed at the same time Chairman read recommendations of the Borough Engineer, Jim Barr. It was pointed out to Mr. Stone, representing the American Baptist Mission, that these lots could not be sold without first having sewer and water installed on them, or a bond posted to cover the cost of installation. Mr. Stone stated that in that case the request would probably be withdrawn. Comm. Best made a motion for approval of these preliminary plats subject to 1) Engineer's recommendations and 2) installation of utilities compatible with the lot sizes. Seconded by Comm. Juelson. Motion passed unanimously by roll call vote. There was further discussion on ordinance requirements. Ix Subdivisions -- Final Approvals None Old Bus .ne s s A. Trailer Court permit, Lot 3, USS 3099, Jack Brisbane (Case #99) Chairman reviewed case. After discussion of requirements, Comm. Best made a motion that this case be approved for public hearing on March 14, subject to the approval of the sanitary facilities by the Sanitarian, the approval of the Building Inspector, and a plat submitted by February 28 which includes all requirements of the ordinance. Seconded by Comm. Anderson. Comm. Best explained the requirements of the Trailer Park Ordinance. Motion carried by voice vote. KIBS272480 PLANNING G ZONING MEETING - February 21, 1966 3 x B. Rezoning, Townsite Blk 9, Lot 3, Dr. R. Holmes Johnson (Case #71-A) Chairman reviewed case, which was approved by a P&Z public hearing on July 28, 1965, but no ordinance was ever passed on it. Comm. , uei on made a motion that a recommendation be made to the Assembly for approval of this rezoning by ordinance. Seconded by Comm. Anderson. Motion carried by unanimous voice vote. C. Reasons for Rejection of Erskine Re- zoning from R2 to R3 - Requested by Borough Assembly The following reasons were stated: 1. The lots are not large enough. If their use was changed from R2 o R3, the Grandfather Clause would not cover them, since they contain less than 7200 sq. ft. Many of the lots are only 5500 sq # ft. (Comm, Anderson). 2. There was a covenant in the deed on the property which required two lots for the construction of a duplex, which would be 11,00 sq. ft. This led the buyers to believe that duplexes would only be permitted on these larger lots. Now part of the buyers have set aside the covenant, and rezoning would permit triplexes on small lots, which would be objected to by those buyers still holding to the covenant (Comm. Anderson) . 3. The majority of the home owners in the area objected to the rezoning because they had built their homes under the impression that the area would remain R2 (Comm. Erwin). 4. Rezoning to allow the Chris Berg apartments to use two additional apartments to ease the housing shortage did not seem to balance out against the great opposition of the home owners (Comm. Judson). 5. Many of the home owners objected to having their view of the waterfront possibly obstructed by erection of triplexes (Comm. Faris). XI Planning and Staff Items Commissioners were reminded to study the P&Z Procedures for the next meeting. XII Audience Comments Mr. iagel inquired about procedure to obtain a permit to install a trailer on Miller Point. Mr. Stansbury stated that the Assembly is now waiting for legal opinion on the trailer procedures recommended by P&Z. There was further discussion as to the difference between trailers, mobile homes, and those mobile homes so large that they are not easily moved. Mr. Breckburg brought up the subject of the Holman Case. Comm. Best stated that it would be followed up by the Assembly. Mr. Breckburg brought out the lack of ordinance enforcement, and discussion was held on this matter. Chairman explained that the procedure would be for the Building Inspector or sanitarian to make recommendations for enforcement to the Borough Assembly and that the Borough Assembly would recommend charges. Persons concerned would be brought before the Magistrate for violations. Xlli Meeting adjourned at 10 :30 p.m. Approved by �x1 Respectfully submitted, Sally Hendrix Borough Secretary George Cornelius Chairman, P&Z Commission I(1BS2724S1