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1986-01-05 Regular Meetingr KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JANUARY 15, 1986 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Chairman Steve Rennell on January 15, 1986 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Dan James Marlin Knight Mary Lou Knudsen Scott Thompson III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Assistant Planner, Community Development Department Ann Moen, Engineering Department Patricia Miley, Secretary, Community Development Department LINDA FREED indicated an additional item to add to the agenda, item VII-B (Old Business), the removal from the table of CASE 84-076 the rezoning of the State Airport. COMMISSIONER KNIGHT MOVED TO ACCEPT the agenda as amended. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the December 4, 1985 Special Meeting and the December 18, 1985 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 85-086. Request for rezoning of Lots 7 through 18, Block 3 and Lots 2 through 10, Block 4, Killarney Hills Subdivision from R2--Two-Family Residential to R1--Single-Family Residential (Petition of Property Owners) and a Request to investigate the rezoning of Tracts E-3, R-2, R-LA and T, U.S. Survey 3218 in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Planning and Zoning Commission) BOB PEDERSON indicated 45 public hearing notices were mailed on r- December 6, 1985 for the original request (petition of property owners), 4 were returned, 3 in favor and 1 opposed. On December 31, 1985, 73 public hearing notices were mailed for the expanded request, 3 were returned, 2 in favor and 1 opposed. Regular Session Closed. Public Hearing Opened: DAVID HICKS appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Hicks. P & Z REGULAR MEETING 1 KIBS225896 JANUARY 15, 1986 ALAN SCHMITT appeared before the Commission and expressed support for this request. CHRIS BISHOP appeared before the Commission and expressed support for this request. PETE PROBASCO appeared before the Commission and expressed support for this request. r— MIKE MEEHAN, Director of Planning and Development, Catholic Archdiocese of Anchorage, appeared before the Commission and expressed the concerns of the Archdiocese regarding this request. A discussion ensued amongst the Commissioners, Mr. Meehan and Community Development Department staff. TIM HILL appeared before the Commission and stated that potential traffic problems were to be relieved by extending Woody Way Loop to Rezanof Drive as part of the platting of this area. SANDRA LAYTON appeared before the Commission and expressed support for this request. BECKY HICKS appeared before the Commission and expressed support for this request. SCOTT ARNDT appeared before the Commission and expressed opposition to the Woody Way Loop rezone, no comment regarding Tract T, and opposition to rezoning Tract E-3. A discussion ensued amongst the Commissioners and Mr. Arndt. ALAN SCHMITT reappeared before the Commission to address issues r presented following his testimony this evening. A discussion ensued amongst the Commissioners, the Community Development Department and Mr. Schmitt. TONY PEREZ appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, with input from the Community Development Department staff. COMMISSIONER ANDERSON MOVED TO SEND OUT PUBLIC HEARING NOTICES FOR THE REZONING of Tracts E-3, R-2, R-1A and T, U.S. Survey 3218 to R-2. The motion was seconded and CARRIED by majority roll call vote. Commissioner Thompson voted "no." COMMISSIONER KNUDSEN MOVED TO REMOVE FROM THE TABLE THE REQUEST FOR THE REZONING OF WOODY WAY LOOP. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners with input from Mr. Meehan and the Community Development Department staff. r COMMISSIONER JAMES MOVED TO recommend that the Borough Assembly approve the rezoning of Lots 7 through 18, Block 3 and Lots 2 through 10, Block 4, Killarney Hills Subdivision from R2--Two-Family Residential to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code and to adopt the findings contained in the staff report dated December 6, 1985 as "Findings of Fact" for this case. The motion was seconded and FAILED by majority roll call vote. Commissioners Knight, Thompson, Heinrichs and Anderson voted "no." A discussion ensued amongst the Commissioners and the Community Development Department staff clarified the process of bringing KIBS225897 P & Z REGULAR MEETING 2 JANUARY 15, 1986 r r r this item to the attention of the Assembly. The Commissioners addressed the audience. Findings of fact were deferred to later in the meeting. B) CASE 86-001. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a 728 square foot garage and workshop addition to the existing single-family residence to encroach 2-feet into the required 7.7-foot side yard setback in a R2--Two-Family Residential District. Lot 10, Block 5, Elderberry Heights Subdivision Third Addition; 1616 Selief Lane. (Kermit D. Reppond) BOB PEDERSON indicated 27 public hearing notices were mailed for this case and 2 were returned in favor of this request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: KERMIT REPPOND appeared before the Commission, detailed his request and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Reppond, with input from Community Development Department staff. SCOTT ARNDT appeared before the Commission and expressed opposition to this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Commissioner James offered possible findings of fact. COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.19.040 (Yards) of the Borough Code to permit a garage and workshop addition to encroach 2-feet into the required 7.7-foot side yard setback of the R-2--Two-Family Residential District, on Lot 10, Block 5, Elderberry Heights Subdivision Third Addition; 1616 Selief Lane. The motion was seconded and CARRIED by majority roll call vote. Commissioners Rennell, Knudsen and Thompson voted "no." COMMISSIONER JAMES MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. There are exceptional physical circumstances because if the garage is moved any closer to the street than is shown in the applicant's request, then the driveway slope appears that it would be too steep. If a flat area in front of the garage were provided for safety reasons, this problem is eliminated. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the 7.7-foot side yard setback would mean that the proposed garage addition would have to be sited at an alternative location. The alternate locations will cover approximately 10-feet of the sewer line and will result in increased construction costs, and it is the Commission's opinion that this would result in an unnecessary hardship. Based on the inflexibility in locating the structure, unique physical circumstances or conditions of the property, the Commission believes that a hardship is created that would justify a variance. P & Z REGULAR MEETING 3 KIBS225898 JANUARY 15, 1986 r"- 3. The granting of the variance will not result in material damaees or Dreiudice to other DroDerties in the vicinitv nor to the public's The placement of the garage addition where the applicant desires will alleviate a potential dangerous situation that would be brought on by making the driveway too steep and thus entrance onto Selief Lane on winter days a detriment to the public's health, safety and welfare. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The designation for this area is a swamp within the broader public and open space classification. This designation is not currently applicable in this area because subsequent to adoption of the plan (1968), the area has been subdivided and individual lots developed with residential uses. or financial hardship from which relief is be he variance. The fact that the applicant desires a garage and workshop and the Commission feels he is entitled to one that is less dangerous to the public's safety outweighs the fact that he will save a few dollars by encroaching two feet or 25% into the side yard setback. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Additions to single-family residences are permitted in this district. The motion was seconded and CARRIED by unanimous voice vote. C) CASE 86-002. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Filar Henley) BOB PEDERSON indicated 21 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: DAVID HENLEY appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session opened. KIBS225899 COMMISSIONER ANDERSON MOVED TO GRANT AN EXCEPTION from Section 17.21.020 of the Borough Code to permit an existing nonconforming land use (a business and single-family residence) to be converted to a two-family dwelling unit in a B--Business District on Lot 12, Block 1, Allman Addition, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commissioners with input from Community Development Department staff. The question was called and the motion CARRIED by majority roll call vote. Commissioners Knight and Knudsen voted "no." P & Z REGULAR MEETING 4 JANUARY 15, 1986 FINDINGS OF FACT: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. Fl- A. The granting of the exception should not be detrimental to the public's health, safety or general welfare. The existing structure was originally constructed as a residential dwelling and moved to this site in 1982. The lot adjacent to the west (Lot 11) contains a single-family residence and also appears to have a business use that could be defined as a home occupation. The lot adjacent to the east (Lot 13) contains a business (AAA Realty) that is housed in a residential structure (Panabode). The maximum potential traffic and parking impacts are much less for a duplex than for uses currently located in the structure. B. The proposed use will be consistent with the general purposes and intent of Title 17 because of the physical characteristics of the lot. Although zoned business, the lot contains only 2,672 square feet, 41% of which is covered with the existing structure. The remaining area could provide, at most, five (5) off-street parking spaces. Five (5) spaces would be adequate for a duplex but is not sufficient for a business use. The existing use currently experiences a parking shortage. This problem will be reduced through a conversion to a duplex. Lastly, the exception request will be consistent with the medium density residential Comprehensive Plan designation for this site. C. The proposed use will not adversely impact other properties or uses in the neighborhood because potential traffic and parking problems will be reduced by conversion of the structure and land use to a duplex. D) CASE 86-003. Request for rezoning of Tracts B-1, B-2, B-3, Portion of C-1, E, F and G, U.S. Survey 1682 and Woodland Acres Subdivision Third Addition, Fourth Addition and Portions of Fifth Addition from C--Conservation to R2--Two-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code in order to bring the Official Zoning Map into conformance with the intent of Ordinances 77-5-0 and 82-20-0 which rezoned this area to R2--Two-Family Residential. (Kodiak Island Borough Community Development Department) BOB PEDERSON indicated 115 public hearing notices were mailed for this case and 3 were returned, 2 in favor and 1 opposing this request. Mr. Pederson read into the record Mr. Gene Erwin's opposition to this case. A discussion ensued amongst the Commission and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON was excused from the Commission due to a potential conflict of interest. KIBS225900 P & Z REGULAR MEETING 5 JANUARY 15, 1986 COMMISSIONER KNIGHT MOVED TO recommend that the Borough Assembly approve the rezoning of Tracts B-1, B-2, B-3, Portion of C-1, E, F and G, U.S. Survey 1682 and Woodland Acres Subdivision Third Addition, Fourth Addition and Portion of Fifth Addition from C--Conservation to R2--Two-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. r-- A discussion ensued amongst the Commissioners with input from Community Development Department staff. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT: A. Findings as to the need and justification for a change or amendment. The rezone to R2--Two-Family Residential is needed because the Official Zoning Map does not reflect the intent of Ordinances 77-5-0 and 82-20-0 which rezoned this area to R2 and because the property has been subdivided, sold and developed under the R2 zoning district regulations. The Official Zoning Map lit (Kodiak Urban Area Zoning Map) adopted by Resolution 80-50-R also showed this area as being zoned R2. B. Findings as to the effect a change or amendment would have on the objectives of the Comprehensive Plan. The 1968 Comprehensive Plan depicts this area for F- Medium -Density Residential Development and Mobile Home Courts. The requested R2--Two-Family Residential Zoning District is consistent with this Comprehensive Plan designation. COMMISSIONER ANDERSON returned to the Commission. CHAIRMAN RENNELL recessed the meeting at 9:30 p.m. and reconvened the meeting at 9:37 p.m. E) CASE 86-004. Request for rezoning of Blocks 1A, 1B and Lots 2A through 13, Block 3, Alderwood Subdivision and Lots 1 and 2, Block 6, Elderberry Heights Subdivision and Lots 8 and 9, Block 1, Russell Estates Subdivision First Addition from RR1--Rural Residential One to R3--Multi-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code in order to bring the Official Zoning Map into conformance with the existing uses of the land and Resolution Number 80-50-R which adopted Official Zoning Map Number 2 (KODIAK URBAN AREA ZONING MAP) showing these properties as being zoned R3--Multi-Family Residential. (Kodiak Island Borough Community Development Department), and a Request for rezoning of Portions of Lots 3 through 7, Block 1, Russell Estates Subdivision from W--Watershed to R3--Multi-Family Residential and a Portion of U.S. Survey 1396 r— from W--Watershed to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code in order to delete all subdivided lots and a parcel within U.S. Survey 1396 from Ordinance Number 84-35-0 which established the Pillar Creek Dam and Upper Reservoir Watersheds. (Kodiak Island Borough Community Development Department) BOB PEDERSON indicated 105 public hearing notices were mailed for this case and 4 were returned, 3 in favor and 1 from Mr. Len Grothe stating his opinion that these areas were already zoned R3. Mr. Pederson read Asa Beehler's response into the record. Regular Session Closed. Public Hearing Opened: KIBS225901 P & Z REGULAR MEETING 6 JANUARY 15, 1986 Seeing and hearing none. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners with input from Community Development Department staff. COMMISSIONER JAMES MOVED TO recommend that the Borough Assembly �+. approve the rezoning of Portions of Blocks 1A and 1B and Lots 2A through 13, Block 3, Alderwood Subdivision and Lots 7B and 9B, Block 1, Russell Estates Subdivision First Addition from RR1--Rural Residential One to R3--Multi-Family Residential in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER JAMES MOVED TO recommend that the Borough Assembly approve the rezoning of Portions of Lots 3 through 7, Block 1, Russell Estates Subdivision First Addition from W--Watershed to R3--Multi-Family Residential and a Portion of U.S. Survey 1396 from W--Watershed to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. abRI*1kdeRN01of1.106F A. Findings as to the need and justification for a change or amendment. The rezone to R3--Multi-Family Residential and PL--Public Use Lands is needed because the property has been subdivided, sold and developed under the R3 District Regulations and the Official Zoning Map #2 (Kodiak Urban Area Zoning Map) adopted by Resolution 80-50-R also showed this area as being zoned R3. The rezone is also needed because Ordinance 84-35-0 did not intend to include subdivided lots within the Watershed zoning district. B. Findings as to the effect a change or amendment would have .... tl.e ..f tl.e Dl— The 1968 Comprehensive Plan depicts this area for Medium -Density Residential Development and Public and Open Space. The proposed R3--Multi-Family Residential and PL--Public Use Lands zoning districts are consistent with these Comprehensive Plan designations. F) VS-85-053. Variance from the Kodiak Island Borough Code Section 16.20.050 (C) to permit platting of a lot having an area or width less than that required by the Zoning Code (Title 17) and preliminary subdivision of Lot 10, U.S. Survey 3103 to Lots 10A and 10B. (Bob West) ANN MOEN indicated 32 public hearing notices were mailed for this case and 2 were returned, 1 opposing this request and 1 Iexpressing non -objection. A discussion ensued amongst the Commissioners and Ann Moen. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS225902 P & Z REGULAR MEETING 7 JANUARY 15, 1986 COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL to Case Number VS-85-053 variance from Kodiak Island Borough Code Section 16.20.050(C) to permit platting of a lot having an area less than that required by the Zoning Title and the subdivision of Lot 10, U.S. Survey 3103 subject to the eight (8) conditions of the January 7, 1986 memorandum from the Borough Engineer. The motion was seconded. A discussion ensued amongst the Commissioners with input from r— Community Development Department staff, Engineering Department staff and Scott Arndt. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION to change the 60-foot dedicated right-of-way between Lots 10A and 1OB to be changed to a 60-foot road and utility easement 30-feet on each side of the existing center line of the proposed subdivision. The amendment was seconded. A discussion ensued amongst the Engineering Department staff, the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO AMEND THE AMENDMENT to allow the Borough Engineer to make the required changes to accommodate an easement rather than a right-of-way with the lot line down the center of the easement. The second gave concurrence. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. The question was called and the AMENDMENT FAILED by majority roll call vote. Commissioners James, Knight, Knudsen and Rennell voted "no." r The question was called and the MAIN MOTION CARRIED by majority roll call vote. Commissioners Heinrichs, Thompson and Knight voted "no." CONDITIONS: KIBS225903 1. Place the following note on the final plat: "No further subdivision of Lots 10A or 1OB will be allowed as long as public sewer service is provided by a low-pressure sewer system." 2. Change the distances along the right-of-way fronting Lot l0A to 89.45' and 193.10'. 3. Change the distances along the right-of-way fronting Lot 1OB to 86.45' and 192.10'. 4. Change the area for Lot 1OB to 33,634 square feet. 5. Show the distance along the boundary of Lot 10B common with Lot 14 of U.S. Survey 3464 from the right-of-way to the witness corner as 128.16 feet and show the distance from the witness corner to the meander corner on the interior of the lot. 6. Change the distance along the boundary of Lot 10B common with Lot 9 from the right-of-way to the witness corner to 141.51 feet and show the distance from the witness corner to the meander corner on the interior of the lot. 7. Name the right-of-way Peninsula Road on the plat to agree with the name used on the Borough address map. 8. Provide a 5-foot-wide electrical easement along both sides of the right-of-way, as requested by KEA. G) S-85-066. Preliminary subdivision of a parcel of land within Section 31, Township 29 South, Range 18 West, Seward Meridian and P & Z REGULAR MEETING 8 JANUARY 15, 1986 r Section 6, Township 30 South, Range 18 West, Seward Meridian creating Lots 3 through 10, Block 1, and Lot 15, Block 2, Chiniak Alaska Subdivision. (Kodiak Island Borough) ANN MOEN indicated 24 public hearing notices were mailed for this case and none were returned. LINDA FREED provided additional information regarding the Army Corps of Engineers Wetland Regulations, as requested by the Commission at their worksession. A discussion ensued amongst the Commissioners, Community Development Department staff and Engineering Department staff. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the opposition to this request and Engineers. Commission and expressed involvement by the Army Corps of JAMES HARRIS appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. Harris. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL to Case 5-85-066 preliminary subdivision creating Lots 3 through 10, Block 1 and Lot 15, Block 2, Chiniak Alaska Subdivision, subject to the conditions shown in the memorandum of December 11, 1985, by the Borough Engineer and the conditions shown in the memorandum of December 10, 1985, of the staff of the Community Development Department. The motion was seconded. A discussion ensued amongst the Commissioners, with input from Community Development Department staff, Engineering Department staff and Scott Arndt. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION by deleting all of the conditions set forth in the Community Development Department's memorandum of December 10, 1985. The amendment was seconded. A discussion ensued amongst the Commissioners. The question was called and the AMENDMENT CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." A discussion ensued amongst the Commissioners. COMMISSIONER JAMES MOVED TO AMEND THE TO THE MAIN MOTION to list as the sixth condition that the clearing of trees be limited to those needed for the actual road construction and ditches so that a more rural atmosphere can be retained, keeping with the nature of Chiniak. The amendment was seconded. A discussion ensued amongst the Commissioners. The question was called and the AMENDMENT TO THE MAIN MOTION CARRIED by majority roll call vote. Commissioner Thompson voted "no." The question was called and the MAIN MOTION AS AMENDED CARRIED by majority roll call vote. Commissioners Rennell, Heinrichs and Thompson voted "no." KIBS225904 P & Z REGULAR MEETING P] JANUARY 15, 1986 CONDITIONS: 1. Place the following note on the final plat: "All water -carried domestic sewage systems must be designed by an Engineer registered in the State of Alaska and must be approved by the Alaska Department of Environmental Conservation prior to installation." 2. Show the correct radius for the Spruce Road cul-de-sac r (75.00 feet). r 3. Correct the bearing of the south right-of-way of Spruce Road across the fronts of Lots 8 and 9, Block 1, to S82 00'00"W. 4. Provide a 20-foot-wide pedestrian access easement along the line common between Lots 4 and 5 to the southeast corner of the Chiniak School tract. 5. Provide the following note on the final plat: "Natural streams and drainage courses shall not be blocked or impeded." 6. The clearing of trees be limited to those needed for the actual road construction and ditches so that a more rural atmosphere can be retained, keeping with the nature of Chiniak. H) S-85-074. Preliminary vacation and replat of Lots 11 and 12, Block 1, Monashka Bay Alaska Subdivision to Lots 11A, 12A and 12B. (Patricia A. Eufemio) ANN MOEN indicated 25 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: JOHN EUFEMIO appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and John Eufemio with input from Engineering Department staff. JOHN FRENCH appeared before the Commission and expressed concern with this request. A discussion ensued amongst Mr. French and Mr. Eufemio with input from Engineering Department staff. BRAD BRINGGOLD appeared before the Commission and expressed concern with this request. A discussion ensued amongst the Commissioners and Mr. Bringgold with input from Mr. Eufemio and Engineering Department staff. Public Hearing Closed. Regular Session Opened. r ' A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL to a vacation and replat of Lots 11 and 12, Block 1, Monashka Bay Alaska Subdivision with the conditions set forth in the memorandum of the Borough Engineer dated January 7, 1986, eliminating number 1 and renumbering the following conditions. The motion was seconded and CARRIED by unanimous roll call vote. KIBS225905 P & Z REGULAR MEETING 10 JANUARY 15, 1986 r- CK�I�bfiMJSi]��I 1. Deleted. 2. Show the rear yard setback on the final plat, to be located 40-feet from the top of the cliff for Lot 11A. 3. Show front and side yard setbacks located 25-feet from the Monashka Circle and Bay View Drive rights -of -way for Lot 12B. 4. Provide a five -foot -wide electrical easement along the Monashka Circle right-of-way. I) S-85-075. Preliminary subdivision of Lot 1617, Block 3, Aleutian Homes Subdivision to Lots 1617A and 1617B. (Russell LeBourdis) AN'N MOEN indicated 50 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to the subdivision of Lot 1617, Block 3, Aleutian Homes Incorporated Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNIGHT MOVED TO CONTINUE THE MEETING BEYOND 11:00 P.M. The motion was seconded and CARRIED by unanimous voice vote. VII. OLD BUSINESS A) S-85-048. Final subdivision of Lot 3, Block 7, Woodland Acres Fifth Addition to Lots 3A and 3B. (Eric Brush) A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case S-85-048 final subdivision of Lot 3, Block 7, Woodland Acres Subdivision Fifth Addition subject to the following corrections stated in the January 7, 1986 memorandum from the Borough Engineer. The motion was seconded and CARRIED by unanimous roll call vote. CORRECTIONS: 1. Change the distance from the corner common to Lots 1, 2 and 3A to the corner common to Lots 3A and 3B, on the boundary of Lot 2, to 78.91 feet instead of 79.91 feet. 2. Delete the word "and" at the end of the first line under the Ownership Affidavit. 3. Correct the spelling of "Notary's Acknowledgement." B) Removal from the table of CASE 84-076 the rezoning of the State Airport. LINDA FREED provided additional information regarding Case 84-076. Once removed from the table, this item will be before the Commission for a public hearing at the February 19, 1986 regular meeting. A discussion ensued amongst the Commissioners. KIBS225906 COMMISSIONER JAMES MOVED TO REMOVE CASE 84-076 FROM THE TABLE. The motion was seconded and CARRIED by unanimous roll call vote. P & Z REGULAR MEETING 11 JANUARY 15, 1986 r' VIll. NEW BUSINESS There was no new business. IX. COMMUNICATIONS A) Copy of an article entitled CONTROLLING GROWTH. X. REPORTS A) Status Report from the Community Development Department. B) Revised Bylaws are provided in the Commissioners' binders. C) The Commissioners decided to hold the February packet review worksession on Tuesday, February 11, 1986. D) FINDINGS OF FACT FOR CASE 85-086: COMMISSIONER KNIGHT MOVED TO ACCEPT THE FOLLOWING FINDINGS OF FACT FOR CASE 85-086. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT: A. Findings as to the need and justification for a change or The rezone from R2--Two-Family Residential to R1--Single-Family Residential is not needed or justified for three (3) reasons: 1. The surrounding area is generally zoned R2 and the proposed R1 area would be in conflict with and be '_ engulfed by R2 zoning. This could be construed as spot zoning. 2. Five (5) nonconforming lots would be created in a fairly new subdivision. 3. The owners of the lots in opposition to the rezone are almost as great as the owners of lots in favor of the rezone. B. Findings as to the effect a change or amendment would have on the Comprehensive Plan. The Comprehensive Plan depicts this area for medium -density residential development which is defined in the Comprehensive Plan as "single-family residential and duplexes on lots over 7,200 square feet in area." The current R2 zoning is consistent with this Comprehensive Plan designation. XI. AUDIENCE COMMENTS There were no audience comments. r XII. COMMISSIONERS' COMMENTS P & Z REGULAR MEETING KIBS225907 12 JANUARY 15, 1986 XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 11:20 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION r� By: Steve Renne 1, Chairman ATTEST Rr By: Patricia Miley, Secretary Community Development Department r— DATE APPROVED: re»2u lot L99C. A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225908 P & Z REGULAR MEETING 13 JANUARY 15, 1986