1986-02-19 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - FEBRUARY 19, 1986
I. CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:35 p.m. by Chairman Steve Rennell on February 19, 1986
in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present: Others Present:
Steve Rennell, Chairman Linda Freed, Director,
Mike Anderson Community Development Department
Robin Heinrichs Bob Pederson, Assistant Planner,
Dan James Community Development Department
Marlin Knight Ann Moen, Engineering Department
Mary Lou Knudsen Patricia Miley, Secretary,
Community Development Department
Commissioners Absent: Others Absent:
Scott Thompson Dave Crowe, Borough Engineer
III. APPROVAL OF AGENDA
COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda as presented. The
motion was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER JAMES MOVED TO ACCEPT the minutes of the January 15, 1986
Planning and Zoning Commission regular meeting as presented. The
motion was seconded and CARRIED by unanimous voice vote.
V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) CASE S-85-002. Request for extension of Preliminary Subdivision
approval. Subdivision of Lot 6, Block 1, Bells Flats Alaska
Subdivision to Lots 6A, 6B, 6C and 6D. (Pam Delys-Baglien)
COMMISSIONER KNUDSEN MOVED TO GRANT A SIX (6) MONTH EXTENSION for
Case S-85-002 Preliminary Subdivision of Lot 6, Block 1, Bells
Flats Alaska Subdivision. The motion was seconded and CARRIED by
unanimous voice vote.
B) CASE S-85-071. Request for reconsideration of Condition #2 of
Preliminary Subdivision Approval relating to construction of
utilities to each lot: vacation of a roadway and utility
easement across Lot 9, l0A and 10B, U.S. Survey 3099 and
subdivision of Lots 10A and 1OB, U.S. Survey 3099 to Lots 1OA-1,
1OA-2, 1OB-1 and 1OB-2. (Jonathan Smee)
COMMISSION ANDERSON indicated that he had spoken with Mr. Smee
prior to the meeting and that Mr. Smee requested this item be
withdrawn from the agenda.
VI. PUBLIC HEARINGS
A) CASE 85-086. Request for rezoning of Tracts E-3, T and Portions
of R-1A and R2, U.S. Survey 3218 from RR1--Rural Residential One
to R2--Two-Family Residential in accordance with Chapter 17.72
(Amendments and Changes) of the Borough Code. Generally in the
vicinity of St. Mary's Church, Killarney Hills Subdivision, Woody
Way Apartments and St. Paul's Lutheran Church. (Planning and
Zoning Commission)
P & Z REGULAR MEETING
KIBS225909
1 FEBRUARY 19, 1986
r�
t-
BOB PEDERSON indicated 72 public hearing notices were mailed for
this case and 7 were returned, 1 in favor and 6 opposing this
request. Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT appeared before the Commission and expressed
opposition to the rezoning of Tract E-3.
A discussion ensued amongst the Commissioners and Scott Arndt.
LINDA FREED indicated for the public record because the
Archdiocese which owns the majority of the property that is
considered for the rezone had indicated that would send a letter
communicating their desires. Staff has not received a letter
from the Archdiocese, however, Mike Meehan, representing the
Archdiocese, at the worksession with the Commission on February
5, 1986, voiced no objection to the rezone.
CHAIRMAN RENNELL read a public hearing notice from Wayne L.
Sewell into the record. The public hearing notice voiced
objection to this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER JAMES MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY
approve of the rezoning of Portions of Tracts R-LA and R-2, U.S.
Survey 3218 from RR1--Rural Residential One to R2--Two-Family
Residential in accordance with Chapter 17.72 (Amendments and
Changes) of the Borough Code and to adopt findings A-1 and B-1
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 Tract T, U.S. Survey 3218 from RR1--Rural
Residential One to R2--Two-Family Residential in accordance with
Chapter 17.72 (Amendments and Changes) of the Borough Code and to
adopt findings A-2 and B-2 contained in the staff report as
"Findings of Fact" for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
FINDINGS OF FACT:
A. Findings as to the need and justification for a change or
AmPndmenfq.
1. The rezone of Portions of Tracts R-lA and R2 to
R2--Two-Family Residential is needed because the
majority of these parcels are zoned R2 and district
boundaries are intended to follow platted property
lines.
2. The rezone of Tract T to R2--Two-Family Residential is
needed because the parcel is located in the City of
Kodiak and served by public water and sewer. Such
areas are inappropriate for a rural zoning
classification. A rezone to R2 will also have no
adverse impacts on the existing land uses or future
development of the site.
B. Findings as to the effect
on the Comprehensive Plan.
would have
1. A rezone to R2--Two-Family Residential will be
consistent with the Comprehensive Plan designations for
Medium -Density Residential development and Public and
Open Space.
P & Z REGULAR MEETING
P]
KIBS225910
FEBRUARY 19, 1986
F
2. A rezone to R2--Two-Family Residential will be
consistent with the Comprehensive Plan designations for
Medium -Density Residential development and Public and
Open Space.
B) CASE 86-006. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of an existing nonconforming single-family
residence in order to construct a 17.75-foot by 18.5-foot carport
addition onto the front of the existing structure in a
R1--Single-Family Residential District. Lot 6, Block 1, Leite
Addition; 1410 Ismailov Street. (Ralph Collins)
BOB PEDERSON indicated 63 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER JAMES MOVED TO GRANT A REQUEST FOR A VARIANCE from
Section 17.36.070 of the Borough Code to permit the expansion of
the cubical content of a nonconforming structure in order to
construct a 17.75-foot by 18.5-foot carport addition on the front
of an existing nonconforming single-family residence. Lot 6,
Block 1, Leite Addition 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.
FINDINGS OF FACT:
1.
to the property or intended use
eenerally do not aDDly to other
licable
same land
In this case the unique physical condition is the existing
nonconforming structure located on the lot. Any expansion
of this structure will require a variance.
2. Strict
or unneces
t in
The strict application of the zoning ordinance would not
allow any additions to the existing structure. This is a
practical difficulty and unnecessary hardship when the
encroachment is only .6-feet and the addition will comply
with all current setback requirements.
3. The granting of the variance will not result in material
damaees or Dreiudice to other Properties in the vicinitv nor
r Granting of this variance will not result in material damage
fIj or prejudice to other properties in the area. A substantial
number of structures in Leite Addition are nonconforming and
a number of variances have been granted in the past be the
Commission for expansion of the cubical content of similar
nonconforming structures.
4. The zrantinR of the variance will not
Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies this
area for Medium -Density Residential Development.
P & Z REGULAR MEETING
91
KIBS225911
FEBRUARY 19, 1986
5. That actions
conditions or
variance.
did not cause special
in from which relief is be
In this case actions of the applicant did not cause the
conditions from which relief is being sought by a variance.
The existing structure was built in 1977 and purchased by
the applicant in 1981.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Single-family residential land uses are permitted in this
district.
C) CASE 86-007. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of an existing nonconforming single-family
residence in order to construct an 8-foot by 12-foot addition
onto the rear of the existing structure in a R1--Single-Family
Residential District. Lot 13, Block 6, Aleutian Homes
Subdivision; 616 Thorsheim Street. (Stanley Kaneshiro)
BOB PEDERSON reported Mr. Kaneshiro had changed his building
plans and therefore requests this item be tabled so that the
enlarged structure may be advertised and noticed.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNIGHT MOVED TO TABLE CASE 86-007 until the March
19, 1986 regular meeting and to hold another public hearing at
that time. The motion was seconded and CARRIED by unanimous roll
call vote.
D) CASE 86-008. Request for a variance from Section 17.36.060
(Nonconforming Uses of Land) of the Borough Code to permit an
existing nonconforming two-family dwelling unit to be moved to
another location on the same lot in a RR1--Rural Residential One
District. Lot 2A, Block 5, Miller Point Alaska Subdivision; 4062
Parkside Drive. (Mark Majdic)
BOB PEDERSON indicated 29 public hearing notices were mailed for
this case and 1 was returned, opposing this request. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
WILLIAM NICKEL appeared before the Commission and expressed
opposition to this request.
MARK MAJDIC appeared before the Commission and expressed support
for this request.
A discussion ensued amongst the Commissioners, Engineering
Department staff Community Development Department staff and Mark
Majdic.
Public Hearing Closed. HIB$225912
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT A REQUEST FOR A VARIANCE
from Section 17.36.060 of the Borough Code to permit an existing
nonconforming two-family dwelling unit to be moved to another
location on the same lot in a RR1--Rural Residential One District
on Lot 2A, Block 5, Miller Point Alaska Subdivision or subsequent
P & Z REGULAR MEETING 4 FEBRUARY 19, 1986
F
lots created from this lot and to adopt the findings contained in
the staff report as "Findings of Fact" for this case. The motion
was seconded and CARRIED by majority roll call vote.
Commissioners Rennell and Knudsen voted "no."
FINDINGS OF FACT:
2.
3.
4.
to the DroDerty or intended use o
to o
use
in the same land
The unique conditions applicable to the intended uses of the
property are the size and shape of the lot and the upcoming
installation of public sewer and water to serve this area.
The lot contains 77,583 square feet and could be subdivided
into three lots upon the installation of municipal
utilities. However, the location of the existing residence
in conjunction with the shape of the lot will limit a
subdivision to only two lots. If the existing residence
were relocated on the lot, three lots meeting the minimum
lot size and each containing a usable building site could be
created.
Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would not allow
the existing structure to be moved whatsoever. This is an
unnecessary hardship when the relocated structure will
comply with all setback requirements. In addition, if the
structure were not moved, only two lots could be created,
one of which would contain a great deal of unusable area and
be divided by sewer and water easements.
Granting of this variance should not result in material
damage or prejudice to other properties in the area because
the land use will not change and the relocated structure
will comply with all setback requirements.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies this
area for Medium -Density Residential Development. Relocation
of the existing structure will not increase the existing
density.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
In this case actions of the applicant have not caused the
r conditions from which relief is being sought by a variance.
111 The variance will be decided prior to relocation of the
structure.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
A variance for a two-family dwelling unit on this lot was
granted by the Planning and Zoning Commission on March 16,
1983 (Case 83-022).
E) CASE 86-009. Request for a conditional use permit in accordance
with Section 17.18.030 (Conditional Uses) of the Borough Code to
permit an accounting office as a home occupation in an existing
P & Z REGULAR MEETING
5 KIBS225913 FEBRUARY 19, 1986
single-family residence in a R1--Single-Family Residential
District. Lot 20, Block 6, Aleutian Homes Subdivision; 518
Thorsheim Street. (Peggy Nekeferoff)
BOB PEDERSON indicated 71 public hearing notices were mailed for
this case and 1 was returned, in favor. Staff recommended
approval of this request.
Regular Session Closed.
rPublic Hearing Opened:
Seeing and hearing none.
l Public Hearing Closed.
Regular Session Opened.
COMMISSIONER JAMES MOVED TO GRANT A CONDITIONAL USE PERMIT in
accordance with Section 17.18.020 (Conditional Uses) of the
Borough Code to permit an office as a home occupation to locate
within the existing single-family residence on Lot 20, Block 6,
Aleutian Homes Subdivision 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.
FINDINGS OF FACT:
1. That the conditional use will preserve the value, spirit,
character and integrity of the surrounding area.
It appears that the proposed home occupation will preserve
the value, spirit, character and integrity of the
surrounding area. The home occupation (an office) will be
conducted entirely within the residence, the exterior of the
structure will not change and according to the applicant
only one customer at a time will call at the residence.
2. That the conditional use fulfills all other requirements of
this chapter pertaining to the conditional use in question.
The proposed home occupation will fulfill all other
requirements of the R1--Single-Family Residential District
(Chapter 17.18) such as setbacks and parking and the
definition of a home occupation (Section 17.06.320).
3. That granting the conditional use permit will not be harmful
to the public health, safety, convenience and comfort.
The proposed use will not be harmful to the public health,
safety, convenience and comfort because the character of the
surrounding area will not change and there will not be a
significant increase in traffic resulting from the home
occupation.
4. That sufficient setbacks, lot area, buffers or other
safeguards are being provided to meet the conditions listed
in subsections A through C of this section.
As the home occupation will be conducted entirely within the
y� existing residence and because only one customer at a time
will call at the residence, provision of additional buffers
or other safeguards are not necessary in this instance.
There is sufficient area on the lot for four to five
off-street parking spaces.
F) CASE 86-010. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of an existing nonconforming single-family
residence in order to replace and raise a portion of the roof;
and a
Request for a variance from Section 17.19.040
(Yards) of the Borough Code to permit the new raised roof and
eaves to encroach an additional 1.4-feet into the required
P & Z REGULAR MEETING 6 KIBS225914 FEBRUARY 19, 1986
5.74-foot side yard setback and also encroach into the front yard
setback in a R2--Two-Family Residential District. Lot 35, Block
19, Kodiak Townsite; 413 Rezanof Drive West. (Anthony Cristaldi,
Jr.)
BOB PEDERSON indicated 43 public hearing notices were mailed for
this case and 1 was returned, neither supporting nor opposing
this particular request. Staff recommended approval of this
request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section
17.36.070 of the Borough Code to permit the expansion of the
cubical content of a nonconforming structure in order to raise
and replace the existing roof on the existing nonconforming
single-family residence in a R2--Two-Family Residential District,
Lot 35, Block 19, Kodiak Townsite and to adopt the findings
contained in the staff report as "Findings of Fact" for this
case. The motion CARRIED by unanimous roll call vote.
COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section
17.19.040 of the Borough Code to permit a new raised roof and
eaves to encroach an additional 1.4-feet into the required
5.74-foot side yard setback and to encroach into the required
front yard setback in a R2--Two-Family Residential District, Lot
35, Block 19, Kodiak Townsite 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.
FINDINGS OF FACT:
A. For the requested expansion of the cubical content; and
B. For the requested 1.4-foot additional encroachment into the
required front and side yard setbacks, as follows:
1. Exceptional physical circumstances or conditions
to the vrpperty or intended use of development.
same land
A. The unique physical condition in this case is the
existing nonconforming structure located on the lot.
Any expansion of this structure will require a
variance.
B. The unique physical condition in this case is the
existing nonconforming structure located on the lot.
Naturally a replacement roof would have to encroach
into the setback to cover the entire extent of the
existing structure. The proposed additional
encroachment only results from a steeper pitched roof
line.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
A. The strict application of the zoning ordinance would
only allow the existing roof to be replaced, not
raised. This is an unnecessary hardship because if the
existing house was oriented differently on the lot, no
variance would be necessary. Also, the raised roof
P & Z REGULAR MEETING 7 KIBS225915 FEBRUARY 19, 1986
3
4
61
will not be substantially taller than the existing
roof.
B. Same as "A" above.
The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity no
be detrimental to the Dublic's health. safety and welfare_
A. Granting the variance will not result in material
damage or prejudice to other properties in the area.
The additional height of the roof results in only a
minor encroachment (less than two feet) that will not
increase the overall density of the area and, due to
the location of the structure, will not block potential
ocean views.
B. Same as "A" above.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
A. Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies
this area for High Density Residential Development.
B. Same as "A" above.
That actions of the applicant did not cause special
conditions or financial hardship from which relief
sou¢ht by the variance.
A. In this case, staff has reviewed departmental files and
can find no indication that actions of the applicant
caused the existing structure to be nonconforming from
the required side yard setback.
B. Same as "A" above.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
A. Single-family residential use is permitted in this
district.
B. Same as "A" above.
G) CASE 86-011. Request for a variance from Section 17.36.030
(Nonconforming Lots of Record) of the Borough Code to permit a
clinic to locate on a nonconforming lot of record instead of only
a single-family residence in a R2--Two-Family Residential
District. Lot 24, Block 13, Aleutian Homes Subdivision; 714
Lower Mill Bay Road. (Richard Lien/Craig Johnson)
BOB PEDERSON indicated 36 public hearing notices were mailed for
this case and 2 were returned, opposing this request. Staff
recommended approval of this request.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
Regular Session Closed.
Public Hearing Opened:
KIBS225916
CRAIG JOHNSON appeared before the Commission and expressed
support for this request.
RICHARD LIEN appeared before the Commission and expressed support
for this request.
A discussion ensued amongst the Commissioners and Mr. Lien.
P & Z REGULAR MEETING 8 FEBRUARY 19, 1986
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR A VARIANCE from
Section 17.36.030 of the Borough Code to permit a clinic to
locate on a nonconforming lot of record in a R2--Two-Family
Residential District on Lot 24, Block 13, Aleutian Homes
Subdivision, subject to the conditions of approval outlined
below, and to adopt the findings contained in the staff report as
"Findings of Fact" for this case. Also, add to condition number
three, the following: Parking space designated number three on
the site plan be designated as a "loading berth." The motion was
seconded and CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL:
1. The existing fence shall be removed to allow for off-street
parking spaces.
2. The steps that interfere with parking space number 3 shall
be removed.
3. Three off-street parking spaces shall be provided as shown
on the attached site plan with parking space number three
designated as a "loading berth."
4. Appropriate signs identifying the parking spaces shall be
provided.
5. A new fence or hedge in compliance with Section 17.57.040(C)
of the Borough Code shall be placed along the property line
common to Lot 25.
6. If any portion of the structure is used for living or
r-� sleeping quarters in the future, two additional off-street
parking spaces must be provided and their location approved
by the Kodiak Island Borough Community Development
Department.
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.
The unique physical circumstance in this case is the
existing nonconforming lot of record containing a
nonconforming structure. This lot contains 3,433 square
feet and has an average width of 53.7-feet.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
The strict application of the zoning ordinance would only
allow the existing structure to be used as a single-family
residence. This is an unnecessary hardship because the lot
is zoned R2 and other requirements of Title 17 such as
'— off-street parking can be met for the proposed use.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health, safety and welfare.
Granting of the variance should not result in material
damage or prejudice to other properties in the area. The
surrounding area is zoned R2 which permits clinics and other
non-residential uses. It is only because of the lot's size
and width that the proposed clinic requires a variance.
Public safety is one concern related to the location of the
proposed clinic. The lot fronts on Lower Mill Bay Road, one
P & Z REGULAR MEETING 9 KIBS225917 FEBRUARY 19, 1986
r--
of the busiest arterials in Kodiak. This specific location
does not have a good line of sight for oncoming traffic.
This fact must be recognized in evaluating the location of
the three required off-street parking spaces. If the
parking spaces are located so that vehicles may leave the
site without backing out onto Mill Bay Road, the line of
sight should not be a problem to the extent that the
public's safety will be compromised.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan which identifies this
area for Medium -Density Residential development.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief
In this case, actions of the applicant have not caused the
conditions from which relief is being sought by a variance.
The property will not be used for a clinic unless the
variance is granted.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Clinics are a permitted land use in this district.
H) CASE 86-012. Request for an exception from Section 17.13.020
(Permitted Uses) of the Borough Code for conceptual plan approval
of a 9-acre base camp site for logging activities on Afognak
Island. The camp will consist of a cookhouse, bunkhouse,
single-family dwellings and other ancillary structures for
forestry and logging activities. Conceptual plan approval will
allow administrative review and approval of permits for
construction in substantial compliance with the plan. Located in
the Northwest Quarter of Section 4, Township 22 South, Range 19
West, Seward Meridian in the vicinity of Discoverer Bay.
(Koncor, Inc.)
BOB PEDERSON indicated 5 public hearing notices were mailed for
this case and 1 was returned, in favor. Staff recommended
approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR AN EXCEPTION
from Chapter 17.13 of the Borough Code to permit a 9-acre base
camp (consisting of the facilities shown on the attached map "B")
for logging activities on Afognak Island, located in the
Northwest Quarter, Section 4, Township 22 South, Range 19 West,
Seward Meridian and to adopt the findings contained in the staff
report as "Findings of Fact" for this case. The approved concept
plan will serve as basis for administrative permitting for all
structures included in the camp with the condition that all
buildings shall be removed when the logging camp is removed or
ce
camp. The motion was se
A discussion ensued amongst the Commissioners, Community
Development Department staff and Les Anderson.
The question was called and the motion CARRIED by unanimous roll
call vote.
P & Z REGULAR MEETING
10 KIBS225919 FEBRUARY 19, 1986
CONDITION OF APPROVAL:
1. All buildings shall be removed when the logging camp is
removed or ceases to be used as a logging camp.
FINDINGS OF FACT:
1. That the use as proposed in the application, or under
endanger the public's health, safety or general welfare
be inconsistent with the general purposes and intent of
title and (C) adversely impact other properties or uses
the neighborhood.
A. It appears that the proposed use will not endanger the
public's health, safety or general welfare. Logging
activities have previously occurred on Afognak Island
and Departmental files do not indicate that the
previous base camp posed any danger to public health,
safety or welfare. In addition the plan proposes to
retain a 100-foot to 200-foot buffer strip of trees
along all bodies of water, to locate all fuel storage,
power generation and shop facilities at least
one -quarter mile away from bodies of water and to
incinerate all garbage and solid waste. If the above
criteria are adhered to, and if all building, fire and
sanitary codes are complied with, the proposed use
should not endanger the public's health, safety or
general welfare. If these codes are met and all
buildings are constructed in compliance with the
approved plan, adherence to the additional standards of
the Mobile Home Park Chapter of Title 17 is not
necessary for this specific use in this specific remote
location.
B. The proposed use will be consistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.13 (Conservation
District). Agricultural activities, forestry
activities and single-family dwellings are all
permitted uses under the Conservation Zoning District
and a base camp is necessary to support these
activities in a remote location. If all building, fire
and sanitary codes are met and buildings are
constructed in compliance with the approved plan,
adherence to the additional standards of the Mobile
Home Park Chapter of Title 17 is not necessary for this
specific use in this specific remote location.
C. The proposed use does not appear to adversely impact
other properties or uses in the area because all land
to the south is under the applicant's management and
all land north of the site is owned by the U.S. Forest
Service. This should provide adequate separation
between the base camp and any other uses. If the
building, fire and sanitary codes are met and buildings
are constructed in compliance with the approved plan,
adherence to the additional standards of the Mobile
r Home Park Chapter of Title 17 is not necessary for this
specific use in this specific remote location.
I) CASE 82-002. Request for Planning and Zoning Commission review
of the conditions of approval of an exception for a fishing gear
storage building located in a R3--Multifamily Residential
District. The applicant is requesting that the conditions
requiring screening and the construction of a residence within
two (2) years of sewer and water installation be waived. Lot 3,
Block 1, Kadiak Alaska Subdivision First Addition; 3310 Rezanof
Drive East. (William Alwert/Buccaneer Enterprises)
KIBS225919
P & Z REGULAR MEETING 11 FEBRUARY 19, 1986
F
F
r
BOB PEDERSON indicated 11 public hearing notices were mailed for
this case and 1 was returned, opposing this request. Staff
recommended denial of this request.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER JAMES MOVED TO GRANT A REQUEST THAT THE CONDITIONS
OF APPROVAL OF AN EXCEPTION requiring screening and the
construction of a residence within two years of sewer and water
installation be waived on Lot 3, Block 1, Kadiak Alaska
Subdivision First Addition. The motion was seconded.
A discussion ensued amongst the Commissioners.
The question was called and the motion FAILED by majority roll
call vote. Commissioners Rennell, Knudsen and Heinrichs voted
"no."
COMMISSIONER JAMES MOVED TO INSTRUCT STAFF TO INVESTIGATE THE
REZONING of this lot and the area immediately surrounding this
lot on the same side of the road. The motion was seconded.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
The question was called and the motion FAILED by majority roll
call vote. Commissioner Anderson abstained and Commissioners
Rennell and Knight voted "no."
COMMISSIONER JAMES MOVED TO ADOPT THE FINDINGS contained in the
staff report as "Findings of Fact" for this case. The motion was
seconded and CARRIED by unanimous voice vote.
FINDINGS OF FACT:
1. That the use as
anger me puDiic-s ne
inconsistent with the
in the
or
t other orooerties or uses
A. Removal of the conditions of approval for a warehouse
in a residentially zoned area could potentially be
detrimental to the public's general welfare.
Commercial/industrial uses such as warehouses are not
compatible with and can be disruptive to residential
neighborhoods. Although all surrounding parcels are
currently vacant, these parcels are zoned for
residential development (R2 and R3). Reasonable
conditions of approval (such as fencing and screening)
are one way to reduce potential land use conflicts
between incompatible land uses (i.e., a warehouse and
residential development). Requiring the construction
of a residence following installation of sewer and
water services also ensures that there will be a
permitted land use on the property in the future,
thereby lessening potential land use conflicts.
P & Z REGULAR MEETING
KIBS225920
12 FEBRUARY 19, 1986
0-
B. Removal of the conditions of approval will be
inconsistent with the general purposes and intent of
Title 17 and with the specific description and intent
of Chapter 17.20, the R3--Multifamily Residential
District, and with Section 17.65.060 (Conditions) of
the Borough Code. Warehouses are not listed as a
permitted use in the R3 District and Section 17.20.010
specifies that the intent of the R3 District is to
encourage the construction of one, two and multifamily
dwellings, to prohibit commercial and industrial land
uses which would interfere with the development or
continuation of residential uses, and to encourage the
discontinuance of existing uses that are not permitted.
Section 17.65.060 provides that in granting exceptions,
the Commission may make any conditions, requirements or
safeguards that it may consider necessary to prevent
damage or prejudice to adjacent properties.
It would appear that the conditions of approval imposed
by the Commission ensure that the warehouse use will
not interfere with development of residential uses and
ultimately will lead to construction of a use
(single-family residence) that is permitted in the R3
District. Therefore, removal of the conditions of
approval will be inconsistent with the general purposes
and intent of Title 17 and with the specific
description and intent of Chapter 17.20, the R3
District.
C. Removal of the conditions of approval could potentially
adversely impact other properties in the area. In
addition to the potential land use conflicts identified
in A and B above, removing conditions will set a
precedent for not attaching conditions to other
approved exceptions and could also lead to other
parties with exceptions not fulfilling their conditions
of approval or requesting removal of the conditions.
J) CASE 84-076. Request to rezone a Portion of U.S. Survey 2539,
commonly known as the Kodiak State Airport, from C--Conservation
to I --Industrial and B--Business in accordance with Chapter 17.72
(Amendments and Changes) of the Borough Code. (Kodiak Island
Borough Planning & Zoning Commission)
BOB PEDERSON indicated 39 public hearing notices were mailed for
this case and 2 were returned, in favor. Staff recommended
approval of this request.
LINDA FREED reported for the public record that the Coast Guard
Legal Officer and Planning Officer were in attendance at the
Commission's worksession on February 12, 1986 and are unable to
attend tonight's meeting. They strongly object the rezoning of
this area at this time.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
KIBS225921
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER JAMES MOVED TO TABLE A REQUEST TO REZONE a Portion
of U.S. Survey 2539, commonly known as the Kodiak State Airport,
from C--Conservation to I --Industrial and to B--Business in
accordance with Chapter 17.72 of the Borough Code until such time
P & Z REGULAR MEETING
Is]
FEBRUARY 19, 1986
r—
as the Coast Guard and the Department of Transportation (DOT)
work out an agreement giving the Coast Guard the authority to
approve/disapprove subleases of Airport land from DOT and also
until such time as the "greenbelt" problem can be solved by the
governing agencies involved. The motion was seconded and CARRIED
by unanimous roll call vote.
K) Fifth public hearing on the Revised Draft of the Subdivision
Ordinance (Title 16) of the Kodiak Island Borough Code.
LINDA FREED indicated the cover memo had an incorrect cite for
"Easement Use." The correct cite ought to be Section 16.50.060.
Regular Session Closed.
Public Hearing Opened:
MEL STEVENS appeared before the Commission and urged that the
Borough Attorney thoroughly review the document at such a stage
that it then comes back to you or the Assembly with comments
before you go forward on it. It is a very important section to
your code and it is the type of document where I think money
spent on a thorough legal review of it now will come back to you
many times in the future. Mr. Stevens then pointed out several
anomalies in the present draft.
SCOTT ARNDT appeared before the Commission and expressed specific
items of concern with the present draft of the subdivision
ordinance.
A discussion ensued amongst the Commissioners, Scott Arndt and
Community Development Department staff.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners, Community
Development Department staff, Engineering Department staff, and
Scott Arndt.
COMMISSIONER JAMES MOVED TO TABLE THE SUBDIVISION ORDINANCE until
the April 1986 regular meeting for another public hearing. The
motion was seconded and CARRIED by unanimous roll call vote.
CHAIRMAN RENNELL RECESSED THE MEETING AT 10:20 P.M.
CHAIRMAN RENNELL RECONVENED THE MEETING AT 10:32 P.M.
L) CASE 5-83-024. Assembly directed public hearing of the final
plat of Lakeview Subdivision, Lots 1 through 18. Unsubdivided
Portion of U.S. Survey 1396. (Lenhart Grothe)
LINDA FREED indicated the Commission was provided with two
additional items regarding this case: (1) the remand from the
Court, dated March 18, 1985, and (2) a letter from Matt Jamin,
dated May 28, 1985, stating the applicant's attorney's view of
the issue.
ANN MOEN indicated 89 public hearing notices were mailed for this
case and 2 were returned, 1 undeliverable and 1 opposing this
request.
Regular Session Closed.
Public Hearing Opened:
MEL STEVENS, representing the City of Kodiak, appeared before the
Commission and expressed opposition to this request.
WALT EBELL, representing Len Grothe, appeared before the
Commission and expressed support for this request.
Public Hearing Closed.
Regular Session Opened.
KIBS225922
P & Z REGULAR MEETING 14 FEBRUARY 19, 1986
A discussion ensued amongst the Commissioners, Engineering
Department staff, and Community Development Department staff.
COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL of Case
S-83-024, Assembly directed public hearing of the final plat of
Lakeview Subdivision, Lots 1-18, Block 1 and adopt the findings
as stated in the memorandum from the Engineering Department dated
February 11, 1986, with number 4 as follows:
r' 4. A note should be placed on the final plat as follow:
Some of the lots in this subdivision are affected by the
City of Kodiak glide slope and side slope requirements which
could affect the maximum building height as well as the
placement of the structure on the individual lots.
And subject to the following condition of approval:
CONDITION OF APPROVAL:
1. Subject to technical review and corrections to be made by
the Borough Engineer.
The motion was seconded and CARRIED by majority roll call vote.
Commissioner Knudsen voted "no."
FINDINGS OF FACT:
1. No significant safety hazards to float plan operations or
surrounding residents will result from the creation of lots
through the subdivision process. Future development of the
lots will be within the City of Kodiak side slope and glide
slope ordinances.
r 2. The proposed subdivision will not be materially detrimental
to surrounding property values unless the float plan
facility were to be shut down as a result of noncompliance
with City of Kodiak codes and ordinances.
r—
3. The proposed subdivision will not have an adverse effect on
any applicable City of Kodiak ordinance. Compliance with
city ordinances will be assured through issuance of city
building permits.
4. A note should be placed on the final plat as follow:
Some of the lots in this subdivision are affected by the
City of Kodiak glide slope and side slope requirements which
could affect the maximum building height as well as the
placement of the structure on the individual lots.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
M) CASE S-86-001. Boundary survey of a Portion of Lot 2, U.S.
Survey 2539, Alaska State Land Survey No. 85-196, Buskin River
State Recreation Site (162.86 acres). (State of Alaska
Department of Natural Resources/U.S. Coast Guard)
ANN MOEN indicated 90 public hearing notices were mailed for this
case and none were returned with comments through we had a number
of inquiries.
A discussion ensued amongst the Commissioners and Engineering
Department staff.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
KIBS225923
P & Z REGULAR MEETING 15 FEBRUARY 19, 1986
P_
COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL of Case
S-86-001, Boundary Survey: Buskin River State Recreation Site,
and that we authorize the survey to be filed as a plat in the
Kodiak Recording District subject to the three conditions of the
Engineering Department staff's memorandum dated February 11,
1986. The motion was seconded and CARRIED by unanimous roll call
vote.
CONDITIONS OF APPROVAL:
1. That this survey be reviewed and approved by the Borough
Engineer prior to filing as a plat.
2. That the locations of the high -voltage underground cables
and lines be shown and called out on the survey plat.
3. That electrical easements be shown ten feet on each side of
the overhead lines and fifteen feet on each side of the
underground lines, as requested by Kodiak Electric
Association, Inc.
N) CASE S-86-002. Preliminary subdivision of Lot 2A, Block 5,
Miller Point Alaska Subdivision to Lots 2A-1 and 2A-2. (Mark
Majdic)
ANN MOEN indicated 24 public hearing notices were mailed for this
case and none were returned.
Regular Session Closed.
Public Hearing Opened:
MARK MAJDIC appeared before the Commission and expressed support
for this request.
A discussion ensued amongst Engineering Department staff and Mr.
Majdic.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case
S-86-002, subdivision of Lot 2A, Block 5, Miller Point Alaska
Subdivision to Lots 2A-1 and 2A-2 subject to the five conditions
of the memorandum from the Engineering Department dated February
11, 1986. The motion was seconded and CARRIED by unanimous roll
call vote.
CONDITIONS OF APPROVAL:
1. That the existing residential building be moved to a
location on either proposed Lot 2A-1 or 2A-2 to comply with
zoning and setback requirements.
2. That the sewer easement obtained by the Borough be shown on
the plat.
3. That the easement be shown for the down guy as requested by
KEA.
4. That the following notes be placed on the final plat as
requested by the Community Development Department:
a. Natural streams and drainage courses shall not be
blocked or impeded.
b. Driveway access for Lot 2A-1 shall be from Parkside
Drive only.
KIBS225924
P & Z REGULAR MEETING 16 FEBRUARY 19, 1986
r—
VII. OLD BUSINESS
A) CASE S-85-030. Final plat: vacation of Townhouse Lots 1 through
27, Block 2, Alderwood and replat to Lots 1A through 11A for
zero -lot -line duplex development. (Kodiak Properties, Inc.)
A discussion ensued amongst the Commissioners, Engineering
Department staff, Community Development Department staff and
Donnell Rounsaville.
COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL of Case
S-85-030, vacation of Townhouse Lots 1 through 27, Block 2,
Alderwood and replat to Lots 1A through 11A for zero -lot -line
duplex development, with the five conditions of the February 11,
1986 memorandum from Engineering Department staff, and changing
number 1 from a 20-foot wide road and utility easement to a
30-foot wide road and utility easement. The motion was seconded
and CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL:
1. That the 30-foot wide road and utility easement proposed
(and inadvertently omitted from the final plat as presented)
on both previously submitted plats be added along the rear
lot lines of Lots 1A through 11A adjacent to the line common
to Tract H.
2. That the Ownership Affidavit, Notary's Acknowledgment and
"Prepared For" sections of the plat be corrected to show
Kodiak Properties, Inc. as the owner (as shown on the deed).
3. That "Borough Manager" be changed to "Borough Mayor" in the
"Plat Approval" portion of the plat.
r" 4. That the applicant satisfy any requirements for access
requested by the City of Kodiak, or build parking platforms
for access from Mylark Lane (as stipulated in your
preliminary approval).
5. That final approval be subject to the Borough Engineer's
technical review, any corrections and/or additions as may be
required, and his approval of the final plat.
COMMISSIONER JAMES MOVED TO CONTINUE THE MEETING PAST 11:00 P.M. The
motion was seconded and CARRIED by unanimous voice vote.
B) CASE S-85-068. Final plat: vacation of Lots 6 through 10, Block
3, Miller Point Alaska Subdivision First Addition and replat to
Lots 1 through 6, 20 through 26 and Tract A, Jackson
Subdivision. (Alma Jackson, Inc.)
A discussion ensued amongst the Commissioners and Engineering
Department staff.
COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL of Case
S-85-068 vacation of Lots 6 through 10, Block 3, Miller Point
Alaska Subdivision First Addition and replat to Lots 1 through 6,
20 through 26 and Tract A, Jackson Subdivision subject to the
four conditions as stated in the memorandum dated February 11,
1986 from Engineering Department staff, changing condition number
two to read "Alma Jackson, Inc." The motion was seconded and
CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL:
1. That a note be included on the final plat stating that "Lot
23 will be retained by the developer from any sale until the
drainage can be routed through an alternate course to be
approved by the Borough Engineer."
KIBS225925
P & Z REGULAR MEETING 17 FEBRUARY 19, 1986
2. That separate Ownership Affidavit signature lines and
Notary's Acknowledgements be provided for:
Alma Jackson, Inc.
3. That the final plat be subject to technical review and
approval by the Borough Engineer, including site, drainage
and utility plans.
4. That required utility services be provided to each lot
subject to review and approval of the Borough Engineer.
C) CASE S-85-070. Final plat: subdivision of Lot 18B, Block 7,
Bells Flats Alaska Subdivision to Lots 18B-1 and 18B-2. (Marie
Rice)
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to Case
S-85-070, subdivision of Lot 18B, Block 7, Bells Flats Alaska
Subdivision, subject to the two conditions of the Engineering
Department staff's memorandum dated February 11, 1986. The
motion was seconded and CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL:
1. That the applicant obtain the required sanitation approval
from the Alaska Department of Environmental Conservation and
submit that approval letter to the Borough Engineer before
the final plat is filed.
2. That the final plat be subject to the Borough Engineer's
technical review and approval.
VIII. NEW BUSINESS
i There was no new business.
IX. COMMUNICATIONS
COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF THE ITEMS OF
COMMUNICATIONS AND REPORTS. The motion was seconded and CARRIED by
unanimous voice vote.
A) Memo to Jerome Selby from Linda Freed, dated January 17, 1986,
re: Corps of Engineers Wetland Regulations
B) Public Service Announcement concerning "Wetland Development
Regulations" to be held on Thursday, February 20, 1986 at 7:00
p.m.
X. REPORTS
A) Status Report from the Community Development Department.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER JAMES MOVED TO INSTRUCT STAFF TO PREPARE A LETTER ON
BEHALF OF THE PLANNING AND ZONING COMMISSION INSTRUCTING DOT TO
KIBS225926
P & Z REGULAR MEETING 18 FEBRUARY 19, 1986
r—
0—
REINSTATE THE COAST GUARD WITH THE POWER TO APPROVE AND
SUBLEASES OF AIRPORT LAND FROM DOT. The motion was sec
CARRIED by unanimous voice vote.
XIII. ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 11:30 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: C6�
Steve Rennell, Chairman
ATTEST
By: I "- `"�z-y
Patricia Miley, Secretary
Community Development Department
DATE APPROVED: /hA-nc44 H , /99(,
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS225927
P & Z REGULAR MEETING 19 FEBRUARY 19, 1986