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1986-05-21 Regular Meetingr r r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 21, 1986 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m, by Chairman Steve Rennell on May 21, 1986 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Robin Heinrichs Mary Lou Knudsen Scott Thompson Commissioners Absent: Mike Anderson, Excused Marlin Knight, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Assistant Planner, Community Development Department Dave Crowe, Borough Engineer Patricia Miley, Secretary, Community Development Department The following corrections were made to the agenda: IV(A) Election of a new Vice Chairman IX(A) Letter from Art Bors VI(Q) Deletion of Case S-86-011 COMMISSIONER KNUDSEN MOVED TO ACCEPT the agenda with the above corrections. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS noted that on page 16 the wording ought to read "so you have addressed the potential problem and feel like you would not be breaking the covenants..." COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the April 16, 1986 Planning and Zoning Commission regular meeting as amended. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE S-86-001. Request for waiver of a condition of approval of the final plat: 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). The condition specifies that the locations of the high -voltage underground cables and lines be shown and called out on the survey plat. (State of Alaska Department of Natural Resources/U.S. Coast Guard) COMMISSIONER KNUDSEN MOVED TO GRANT A request for waiver of a condition of approval of the final plat: boundary survey of a Portion of Lot 2, U.S. Survey 2539, Alaska State Land Survey No. 85-196, Buskin River State Recreation Site. The motion was seconded and FAILED by majority roll call vote. Commissioners Knudsen, Heinrichs and Rennell voted "no." P & Z REGULAR MEETING KIBS225971 1 MAY 21, 1986 MINUTES ,r- r There were no further appearance requests nor audience comments. B) ELECTION OF A NEW VICE CHAIRMAN THOMPSON NOMINATED ROBIN HEINRICHS. HEINRICHS NOMINATED MARLIN KNIGHT. COMMISSIONER KNUDSEN MOVED TO CLOSE NOMINATIONS. The motion was seconded. The ballots were counted and Marlin Knight received the majority of the votes cast. VI. PUBLIC HEARINGS A) CASE 86-031. Public hearing on proposed revisions to Chapter 17.06 (Definitions) and Chapter 17.18 (R1--Single-Family Residential Zoning District) of the Kodiak Island Borough Code. The proposed revisions change the definition of a home occupation and will permit home occupations to locate in the R1--Single-Family Residential Zoning District. (Planning and Zoning Commission) LINDA FREED indicated to the audience that these proposed revisions to the zoning code will provide a definition of home occupations that more clearly reflect the nature of home occupations in Kodiak and provide measurable performance standards. Right now the definition is quite vague. Copies of the staff report are available in the foyer. Secondly the revisions will allow home occupations to take place in the R1--Single-Family Residential Zoning Districts; they are not currently allowed there, they are only allowed conditionally and have to go through the Planning and Zoning Commission process. Also at this time, staff is recommending that the Commission consider allowing home occupations as permitted uses in both the RR2--Rural Residential Two and C--Conservation Zoning Districts as part of the recommended changes to go to the Assembly. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS225972 A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the amendments to Chapters 17.06 and 17.18 that relate to home occupations for RR2--Rural Residential Two, R1--Single-Family Residential and C--Conservation Zoning Districts as revised in the attached ordinance. The motion was seconded. A discussion ensued amongst the Commissioner and Community Development Department staff. The question was called and the motion CARRIED by unanimous roll call vote. B) CASE 86-032. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a 12-foot by 24-foot single-family residence to encroach into the required 25-foot front and 8.75-foot rear yard setbacks in a RR1--Rural Residential One Zoning District. Tract A, Pasagshak River Subdivision. (Royal Large) BOB PEDERSON indicated 20 public hearing notices were mailed for this case and 2 were returned, one concerned with the location of P & Z REGULAR MEETING 2 MAY 21, 1986 MINUTES the proposal and one concerned with waste water disposal. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. rRegular Session Opened. I COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.17.050 of the Borough Code to permit a 12-foot by 24-foot single-family residence to encroach into the required 25-foot front and 8.75-foot rear yard setbacks of the RR1--Rural Residential One Zoning District, Tract A, Pasagshak River Subdivision, subject to the conditions of approval outlined in the staff report dated May 12, 1986 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. CONDITIONS OF APPROVAL 1. The single-family residence shall be provided with an approved waste and wastewater disposal system in conformance with the U.B.C. and approved by the Alaska Department of Environmental Conservation (ADEC). 2. The approved wastewater disposal system must be in place prior to occupancy or use of the structure. FINDINGS OF FACT r 1. Exceptional physical circumstances or conditions applicable I 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 conditions applicable to this property are the lot size, shape and depth. The lot contains only 7,704 square feet and has an average depth of 35-feet. This means that any construction on the lot will require a variance because the required RR1--Rural Residential One setbacks render the lot unbuildable. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not allow any construction on the lot. This is an unnecessary hardship and an unenforceable regulation. 3. The erantine of the variance will not result in material nor Whether or not granting of this variance will be detrimental r to the public's health, safety or welfare is the most important consideration in this case. The specific concern is disposal of human waste. The lot is adjacent to the river and the depth of 35-feet makes it impossible to maintain the required separation between water bodies and potential contaminant sources (e.g., septic systems or KIBS225973 outhouses). Only if the residence was required to have an alternative disposal system approved by the Alaska Department of Environmental Conservation (ADEC), such as a sani-kan or holding tank, would the public health and safety be assured. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. P & Z REGULAR MEETING 3 MAY 21, 1986 MINUTES The granting of the variance will not be detrimental to the objectives of the Comprehensive Plan because the Comprehensive Plan did not include the Pasagshak area. 5. That actions of the applicant did not is var In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. r The tract was platted in 1974 and purchased by the applicant Iin 1975. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are a permitted land use in the RR1--Rural Residential One Zoning District. C) CASE 86-033. Request for a variance from Section 17.40.010 (Projections into Required Yards) of the Borough Code to permit a 10-foot by 32-foot replacement deck to project 9.1-feet into the required 25-foot front yard setback in a R2--Two-Family Residential Zoning District. Lot 2, Block 14, Kodiak Townsite; 314 Hillcrest Avenue. (Jerry Bongen) BOB PEDERSON indicated 39 public hearing notices were mailed for this case and 1 was returned, opposing this request. Staff recommended approval of this request. BOB PEDERSON read the public hearing response from Donna Jaeger into the record. Regular Session Closed. Public Hearing Opened: ISeeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.40.010 of the Borough Code to permit a 10-foot by 32-foot replacement deck to project 9.1-feet into the required 25-foot front yard setback in a R2--Two-Family Residential Zoning District on Lot 2, Block 14, Kodiak Townsite 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 and Community Development Department staff. The question was called and the motion CARRIED by majority roll call vote. Commissioner Rennell voted "no." 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 exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically the average property owner assumes that decks can be constructed anywhere on their property. In this case it is notable that the applicant is seeking permission for the deck prior to construction. The property also has unique physical features (topography and view of the harbor) that justify placement of a deck in the front yard. KIBS225974 P & Z REGULAR MEETING 4 MAY 21, 1986 MINUTES 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow a deck to be erected in the side or rear yards. This is an unnecessary hardship when many other decks in this area and Kodiak are located in the front yards. Further, the topography of the lot and the view of the harbor dictate that the only practical location for the deck is the front 01- yard. 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 will not be detrimental to the public's health, safety or welfare. The deck will not block any potential views or encroach into easements or public rights -of -way. 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 designates this area for residential development. A deck will not change the land use or permitted density. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein sought by the variance. In this instance actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the deck. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A deck on a residential structure is permitted in this land use district. D) CASE 86-034. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code, in accordance with Section 17.26.020 (Permit Procedure), to permit a 21-space mobile home park to locate in a B--Business Zoning District. Tract V and a Portion of Tract W, U.S. Survey 3218; 3256 Melnitsa Lane. (Michael H. Rasmussen) BOB PEDERSON indicated 59 public hearing notices were mailed for this case and 8 were returned, 6 in favor and 2 opposing this request. Staff recommended approval of this request. COMMISSIONER THOMPSON requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER THOMPSON. A discussion ensued amongst the Commissioners concerning the present lack of a quorum. Regular Session Closed. Public Hearing Opened: MIKE RASMUSSEN appeared before the Commission and expressed support for this request. TOM SWEENEY appeared before the Commission and expressed opposition to this request. TIM HURLEY appeared before the Commission and expressed opposition to this request. KIBS225975 P & Z REGULAR MEETING 5 MAY 21, 1986 MINUTES TOM SWEENEY reappeared before the Commission and expressed opposition to deferring the vote on this item to later in the evening if another Commissioner were to appear. MIKE RASMUSSEN reappeared before the Commission and expressed support for this request. LINDA FREED clarified the history of Planning and Zoning Commission actions in regard to the trailer park. TOM SWEENEY reappeared before the Commission to inquire about the previous public hearing notice area. LINDA FREED clarified the public hearing notice area for Mr. Sweeney. MIKE RASMUSSEN reappeared before the Commission and expressed support for this request. A discussion ensued amongst the Commission and Mr. Rasmussen, with input from the Community Development Department. SCOTT THOMPSON, Manager of Rasmussen Trailer Park, appeared before the Commission and expressed support for this request. JACK McFARLAND appeared before the Commission and expressed opposition to this request. MIKE RASMUSSEN reappeared before the Commission and expressed support for this request. LORNA ARNDT appeared before the Commission and expressed support for this request. TOM SWEENEY reappeared before the Commission and expressed concern with the notice area for the previous subdivision hearing on the trailer park. MIKE RASMUSSEN reappeared before the Commission to explain the history of the trailer park. JACK McFARLAND reappeared before the Commission and expressed opposition to this request. COMMISSIONER HEINRICHS read a letter, dated May 19, 1986, from Lou Anne Sterbick-Nelson expressing James Cole's support of this request. COMMISSIONER RENNELL read a public hearing notice response from V.W. Root expressing opposition to this request. COMMISSIONER RENNELL read a public hearing notice response from Nancy A. Sweeney expressing opposition to this request. Public Hearing Closed. Regular Session Opened. KIBS225976 LINDA FREED indicated that the Planning and Zoning Commission's Bylaws stipulated that in the event that there was no quorum present to vote on an item that that item shall be rescheduled for the next regular meeting. In this case, Case 86-034, would be scheduled for another public hearing at the June 18, 1986 Planning and Zoning Commission regular meeting. COMMISSIONER THOMPSON returned to the Planning and Zoning Commission. E) CASE 86-035. Request for a conditional use permit in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a RR1--Rural Residential One Zoning District. Lot 3, Block 1, P & Z REGULAR MEETING 6 MAY 21, 1986 MINUTES idw $I Woodland Acres Subdivision; 3694 Rezanof Drive East. (Guy M. Denton) BOB PEDERSON indicated 30 public hearing notices were mailed for this case and 1 was returned, expressing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE PERMIT in accordance with Section 17.17.030 of the Borough Code to permit a temporary fireworks sales stand to locate in a RR1--Rural Residential One Zoning District on Lot 1, Block 1, Woodland Acres 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. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL 1. The sale of fireworks shall be discontinued at this location by July 6, 1986. 2. The use and structure shall be removed from the lot by Monday, July 7, 1986. 3. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 4. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 5. Agree to provide a trash receptacle on the premises for the use of patrons. 6. The exception shall be valid only until July 7, 1986. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The proposed use will preserve the value, spirit, character and integrity of the surrounding area because the lot is separated from all other property by road rights -of -way and because those properties are vacant. Further, adequate off-street parking is available and previous fireworks sales at this location have not generated any complaints from surrounding property owners. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed fireworks stand will fulfill all other requirements of the RR1--Rural Residential One Zoning District such as setbacks and the applicant has obtained a permit (Number 85A-003) to sell fireworks from the office of the State Fire Marshall. 3. It appears that the proposed use will not endanger the public's health, safety, convenience or comfort. Fireworks sales have previously occurred at this location and departmental files do not indicate that these sales have posed any danger to the public health, safety or welfare. P & Z REGULAR MEETING KIBS225977 7 MAY 21, 1986 MINUTES Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: A. The sale of fireworks shall be discontinued at this location by July 6, 1986. B. The use and structure shall be removed from the lot by Monday, July 7, 1986. C. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." i-' D. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. E. Agree to provide a trash receptacle on the premises for the use of patrons. F. The exception shall be valid only until July 7, 1986. 4. Because the property is surrounded by road rights -of -way and other nearby lots are vacant, provision of additional buffers or other safeguards are not necessary in this instance. The sale of fireworks is also a temporary use with no lasting impacts that would require additional safeguards. F) CASE 86-036. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit photographic portrait services as a home occupation to locate in an existing single-family residence in a Rl--Single-Family Residential Zoning District. Lot 7, Block 57, East Addition; 1812 Chichenoff. (Donald Gott) BOB PEDERSON indicated 31 public hearing notices were mailed for this case and 3 were returned, 1 in favor and 1 opposing this request, and 1 agreeable as long as it was by appointment only and not a full-time business. Staff recommended approval of this r- request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN directed questions to Mr. Gott and Mr. Gott responded. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 of the Borough Code to permit a photographic portrait service as a home occupation to locate within the existing single-family residence in a R1--Single-Family Residential District on Lot 7, Block 57, East 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 KIBS225978 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 will be conducted entirely within the residence, and only an occasional customer is expected to call at the residence. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. P & Z REGULAR MEETING 8 MAY 21, 1986 MINUTES The proposed home occupation will fulfill all other requirements of the R1--Single-Family Residential District (Chapter 17.18) 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 r surrounding area will not change and there will not be a I 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 in subsections A throueh C of this section. As the home occupation will be conducted entirely within the existing residence and because only an occasional customer will call at the residence, provision of additional buffers or other safeguards are not necessary in this instance. Should the nature of the home occupation change over time, the Commission could review the conditional use permit to determine if additional safeguards are appropriate. G) CASE 86-037. Request for the rezoning of the East 1/2, Lot 1, U.S. Survey 5701 from C--Conservation to RR2--Rural Residential Two in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located near Roslyn Beach, Chiniak. (Mabel Marie Rice) BOB PEDERSON indicated 44 public hearing notices were mailed for this case and 3 were returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS asked Marie Rice why she chose the RR2 Zoning District and what her intent with the property included. Ms. Rice responded that it was chosen because of the rural nature of Chiniak. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly approve the rezoning of the East 1/2, Lot 1, U.S. Survey 5701 from C--Conservation to RR2--Rural Residential Two in accordance with Chapter 17.72 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. FINDINGS OF FACT KIBS225979 1. Findings as to the Need and Justification for a Change or Amendment. A rezone to RR2--Rural Residential Two is justified because the uses permitted in the RR2--Rural Residential Two Zoning District will be compatible with existing and potential land uses on surrounding properties, are appropriate for the land in question and will not create adverse traffic or access impacts. 2. Findings as to the Effect a Change or Amendment would have rehensive Plan. P & Z REGULAR MEETING 9 MAY 21, 1986 MINUTES The proposed RR2--Rural Residential Two Zoning District will have no effect on the objectives of the Comprehensive Plan because the Comprehensive Plan does not cover the rezone area. H) CASE 86-038. Request for the rezoning of a Portion of Tract S-1, U.S. Survey 3218, specifically Lots 1 through 7, Brechan Subdivision Preliminary Plat (Case S-86-011, dated April 18, 1986) from RR1--Rural Residential One to R1--Single-Family Residential in accordance with Chapter 17.72 (Amendments and r Changes) of the Borough Code; and a I Request for the rezoning of a Portion of Tract S-1, U.S. Survey 3218, specifically Lots 8 through 15, Brechan Subdivision Preliminary Plat (Case S-86-011, dated April 18, 1986) from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Brechan Enterprises, Inc.) BOB PEDERSON indicated 51 public hearing notices were mailed for this case and the case has been rescheduled to the June regular meeting because the applicant would like a portion of the property to be rezoned to I --Industrial. This information was not included in the original application nor in the public hearing notices that were mailed. Staff therefore recommended that the public hearing be held and that the case be tabled for another public hearing at the June meeting. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO TABLE this item to the June meeting for another public hearing. The motion was seconded and CARRIED by unanimous voice vote. I) CASE 86-039. Request for the rezoning of a Portion of Lot 2, U.S. Survey 2539, specifically Lots 2 through 8, Bruhn Point Preliminary Plat (Case S-86-012, dated April 18, 1986) from C--Conservation to RR1--Rural Residential One in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code; and a Request for the rezoning of a Portion of Lot 2, U.S. Survey 2539, specifically Lots 1 and 9, Bruhn Point Preliminary Plat (Case S-86-012, dated April 18, 1986) from C--Conservation to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located near Marine Hill, Womens Bay. (Koniag, Inc.) BOB PEDERSON indicated 10 public hearing notices were mailed for this case and 3 were returned, one opposing this request. Two responses were received from the US Coast Guard, one from the local Support Center voicing no objection. The local Support Center later contacted Mr. Pederson and indicated that the response from the 17th District USCG Headquarters superseded any and all comments from the local Support Center and is to be taken as the "official position" of the USCG. The 17th District Headquarters' response expressed opposition to this request. Staff recommended tabling this request until the June meeting for another public hearing and expanding the area of the request to cover the entire Bruhn Point area (approximately 38 acres). Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS225990 P & Z REGULAR MEETING 10 MAY 21, 1986 MINUTES r F r COMMISSIONER HEINRICHS MOVED TO TABLE a request for the rezoning of a Portion of Lot 2, U.S. Survey 2539 and to expand the rezone to include all of Bruhn Point (approximately 38 acres) for investigation of additional information and to hold an additional public hearing at the regular June meeting. The motion was seconded and CARRIED by unanimous voice vote. J) CASE 86-040. Request for an exception from Section 17.18.020 (Permitted Uses) of the Borough Code to permit a new city office building to locate in a R1--Single-Family Residential Zoning District; and a Request for a variance from Section 17.18.040 (Yards) of the Borough Code to permit a new two-story, 32-foot by 52-foot city office building to encroach into the required front and/or side yard setbacks in a R1--Single-Family Residential Zoning District; and a Request for a variance from Chapter 17.57 (Off -Street Parking and Loading) of the Borough Code to permit an exemption from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth. Lot 2, Block 1, Tract A, Old Harbor Townsite. (City of Old Harbor) BOB PEDERSON indicated 24 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 KNUDSEN MOVED TO GRANT A REQUEST FOR AN EXCEPTION from Section 17.18.020 of the Borough Code to permit a new city office building to locate in the R1--Single-Family Residential Zoning District on Lot 2, Block 1, Tract A, Old Harbor 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 KIBS225981 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. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. A public building that has been used for a wide variety of activities is currently located on the lot and according to departmental files has not posed any danger to the public's health, safety or welfare. The new facility will be connected to public water and sewer and the structural plans must be approved by the State Fire Marshall. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the authority and purpose of Chapter 17.65 (Exceptions). Exceptions are provided for in the Borough Code to provide consideration of land uses that are not permitted in certain zoning districts. Public buildings and facilities are not permitted in the R1--Single-Family Residential Zoning District. In this instance a public building is currently located on the lot, there are P & Z REGULAR MEETING 11 MAY 21, 1986 MINUTES other public buildings on adjoining lots and the location of the new city office building has been agreed upon by the Old Harbor City Council. C. The proposed use does not appear to adversely impact other properties or uses in the area. The existing public building has been compatible with surrounding uses and the new structure will be slightly smaller and not have substantially different use characteristics or rimpacts on the surrounding area. I COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.18.040 of the Borough Code to permit a new two-story, 32-foot by 52-foot city office building to encroach into the required front and/or side yard setbacks in a R1--Single-Family Residential Zoning District on Lot 2, Block 1, Tract A, Old Harbor Townsite and to adopt the findings contained in the staff report as "Findings of Fact" for this case; and MOVED TO GRANT A REQUEST FOR A VARIANCE from Chapter 17.57 of the Borough Code to permit the new city office building to be exempt from the requirements of providing off-street parking spaces, a paved public parking lot, screening of adjacent residentially zoned lots and providing an off-street loading berth in the Ri--Single-Family Residential Zoning District on Lot 2, Block 1, Tract A, Old Harbor Townsite and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motions were seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT A. For the variance to the front and side yard setbacks. B. For the variance to the off-street parking and loading r requirements, as follows: 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. A. The unique conditions applicable to this property and the intended development are the location of the existing building, generator building and a fuel tank, and the shape of the lot. B. The unique conditions applicable to this request are the nature of the transportation system in Old Harbor, the lack of paved roads, paved parking lots, paving equipment and the lack of a need for an off-street loading berth. 2. Strict application of the zoning ordinances would result in A. Strict application of the zoning ordinance would require the new office building to be located elsewhere on the lot or on another site. This is a practical difficulty when the location has been agreed upon by the Old Harbor City Council and a contract awarded for construction of the facility in the proposed location. B. Strict application of the zoning ordinance would require the provision of a paved parking area that would include wheel stops or bumper guards, an off-street loading berth and screening between the parking area and adjacent residential parking areas. This would be an unnecessary hardship as no other facilities in Old Harbor have been required to provide these items and there is no need for them. KIBS225982 P & Z REGULAR MEETING 12 MAY 21, 1986 MINUTES r.- 0- r.mni 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. A. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public's health, safety or welfare of the residents of Old Harbor for the reasons outlined in 1 and 2, above. B. Same as A, above. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be inconsistent with the Old Harbor Land Use Sketch Plan (adopted in 1979( which designates the site for commercial development. B. Same as A, above. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is be sought by the variance. A. In this case actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction. B. Same as A, above. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. A city office building will be a permitted land use on this lot in the R1--Single-Family Residential Zoning District only if the exception request is granted. B. Same as A, above. K) CASE 86-041. An appeal of an administrative decision in accordance with Section 17.68.020(B) (Appeals from Administrative Decisions) of the Borough Code regarding a decision that the storage and handling of flammable liquids is not a permitted activity in the B--Business Zoning District. Lot 5A, U.S. Survey 3098; 2017 Mill Bay Road. (Kenneth Damm/Alaska Terminal and Stevedoring, Inc.) BOB PEDERSON indicated that during the meeting, Mr. Damm submitted a written request to withdraw this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. L) CASE S-86-006. Subdivision of Lot 6A, Block 1, Miller Point Alaska Subdivision to Lots 6A-1 and 6A-2. (Peter Danelski) DAVE CROWE indicated 20 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS225983 P & Z REGULAR MEETING 13 MAY 21, 1986 MINUTES Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL to the subdivision Case 5-86-006, subdivision of Lot 6A, Block 1, Miller Point Alaska Subdivision to Lots 6A-1 and 6A-2 subject to the conditions outlined in the memorandum from the Borough Engineer dated May 13, 1986: P— CONDITIONS OF APPROVAL: 1. Deleted. 2. That a five -foot -wide electrical easement be provided parallel to the tangent portion of Parkside Drive right-of-way; 3. That the applicant install water and sewer services to Lot 6A-2; 4. That the following signature lines and Notary's Acknowledgments be placed on the final plat: Peter P. Danelski Janet Danelski. 5. That the following note be placed on the final plat: The flag stem shall not be used for setback calculations. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." M) CASE 5-86-007. Subdivision of Lot 7, Block 6, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B. (Thomas Everitt) DAVE CROWE indicated 57 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: TOM EVERITT appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL OF CASE 5-86-007, the subdivision of Lot 7, Block 6, Miller Point Alaska Subdivision First Addition to Lots 7A and 7B subject to the conditions numbered 1 through 4 outlined in the memorandum from the Borough Engineer dated May 13, 1986. The motion was seconded. A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. r - COMMISSIONER KNUDSEN ADDED CONDITION NUMBER 5 TO THE ORIGINAL MOTION, AS FOLLOWS: 5. That the front yard setback for Lot 7B is measured from the back lot line of Lot 7A. The second gave his concurrence. The question was called and the motion CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL KIBS225984 1. That the following note be placed on the final plat: P & Z REGULAR MEETING 14 MAY 21, 1986 MINUTES 0- "No further subdivision of Lot 7B shall be allowed." 2. That a five -foot -wide electrical easement be placed along the Lilly Drive right-of-way; 3. That a ten -foot -wide utility easement be placed along the boundary common to Lots 6 and 7; 4. That water and sewer services be installed to Lot 7A. 5. That the front yard setback for Lot 7B is measured from the back lot line of Lot 7A. N) CASE S-86-008. Subdivision of Lot 11, Block 5, Miller Point Alaska Subdivision First Addition to Lots 11A, 11B and 11C. (Lloyd Benton) DAVE CROWE indicated 57 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL OF CASE S-86-008 the subdivision of Lot 11, Block 5, Miller Point Alaska Subdivision First Addition to Lots 11A, 11B and 11C, subject to the conditions outlined in the memorandum from the Borough Engineer dated May 13, 1986. The motion was seconded. A discussion ensued amongst the Commissioners, Community Development Department staff and Engineering Department staff. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION to read 2. A note shall be placed on the plat measuring the front yard setback of Lot 11C from the rear lot lines of Lots 11A and 11B. The amendment was seconded and CARRIED by unanimous roll call vote. The question was called and the main motion as amended CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL 1. Reduce the depth of Lots 11A and 11B by 15 feet or place the following note on the final plat: "Further subdivision of Lot 11C shall not be allowed." 2. A note shall be placed on the plat measuring the front yard setback of Lot 11C from the rear lot lines of Lots 11A and 11B. 3. Provide the following signature lines and Notary's Acknowledgments: Lloyd L. Benton Val Jean Benton. 4. Place the following note on the final plat: "Natural streams and drainage courses shall not be blocked or impeded." 5. Install water services to Lots 11B and 11C. KIBS225995 P & Z REGULAR MEETING 15 MAY 21, 1986 MINUTES 0) CASE S-86-009. Subdivision of the East Half of Lot 1, U.S. Survey 5701 to Lots 1 through 7, Isthmus Bay Subdivision. (M. Marie Rice) DAVE CROWE indicated 51 public hearing notices were mailed for this case and 1 was returned from the Chiniak Community Forum, in favor of this request. Regular Session Closed. 0- Public Hearing Opened: MARIE RICE appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Engineering Department staff, and Marie Rice. PATRICIA MILEY, Chiniak resident and member of the Board of Directors of the Chiniak Community Forum, appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL OF CASE 5-86-009, subdivision of the East Half of Lot 1, U.S. Survey 5701 to Lots 1 through 7, Isthmus Bay Subdivision subject to the following conditions: 1. Deleted. 2. That the front setback line for Lots 1, 2, 3, 5, 6 and 7 be measured from the edge of the right-of-way easement; 0- 3. Obtain rezoning to RR2 before the final plat is filed; 4. Provide signature line and Notary's Acknowledgment for Mable Marie Rice; 5. Applicant to obtain ADEC sanitation approval; 6. Provide the following note on the final plat: "Natural streams and drainage courses shall not be blocked or impeded." 7. Provide a utility easement ten feet each side of the rear lot lines of Lots 3, 5, 6 and 7; 8. Show existing electrical easements on the final plat. The motion was seconded. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION TO ADD THE FOLLOWING: that a plat note indicating that the front setback line for Lot 4 be measured from the back property lines of Lots 3, 5, 6 and 7. The amendment was seconded and CARRIED unanimous roll call vote. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION TO ADD THE FOLLOWING CONDITION: plat the existing 200-foot right-of-way easement as a dedicated public right-of-way. The amendment died for the lack of a second. A discussion ensued amongst the Commissioners, Engineering Department staff, Community Development Department staff and Ms. Rice. KIBS225986 P & Z REGULAR MEETING 16 MAY 21, 1986 MINUTES P- The question was called and the main motion as amended CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL 1. Deleted. 2. That the front setback line for Lots 1, 2, 3, 5, 6 and 7 be measured from the edge of the easement; 3. Obtain rezoning to RR2 before the final plat is filed; 4. Provide signature line and Notary's Acknowledgment for Mable Marie Rice; 5. Applicant to obtain ADEC sanitation approval; 6. Provide the following note on the final plat: "Natural streams and drainage courses shall not be blocked or impeded" and a plat note that "the front setback line for Lot 4 be measured from the rear lot line of Lots 3, 5, 6 and 7." 7. Provide a utility easement ten feet each side of the rear lot lines of Lots 3, 5, 6 and 7; 8. Show existing electrical easements on the final plat. COMMISSIONER RENNELL recessed the meeting at 9:37 p.m. COMMISSIONER RENNELL reconvened the meeting at 9:47 p.m. P) CASE S-86-010. Subdivision of Lot 3, Block 5, Bells Flats Alaska Subdivision to Lots 3A, 3B, 3C and 3D. (David Hall) DAVE CROWE indicated 41 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF CASE S-86-010, the subdivision of Lot 3, Block 5, Bells Flats Alaska Subdivision to Lots 3A, 3B, 3C and 3D, subject to the conditions outlined in the memorandum from the Borough Engineer dated May 13, 1986. The motion was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER KNUDSEN REWORDED CONDITION NUMBER 2 OF THE MAIN MOTION, AS FOLLOWS: 2. That a note shall be placed on the final plat stating: "That the front yard setback for Lot 3C shall be measured from the rear lot line of Lot 3D." The second gave concurrence. The question was called and the main motion CARRIED by majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL 1. Applicant to obtain ADEC sanitation approval; KIBS225987 2. That a note shall be placed on the final plat stating: P & Z REGULAR MEETING 17 MAY 21, 1986 MINUTES r- r— r-- "That the front yard setback for Lot 3C shall be measured from the rear lot line of Lot 3D." 3. Place the following note on the final plat: "Further subdivision of Lot 3C shall not be allowed." 4. Provide utility easements ten feet either side of the lot lines common to Lots 3B and 3C, and Lots 3C and 3D, as requested by KEA; 5. Provide a signature line and Notary's Acknowledgment for Clamit, Inc. Q) CASE S-86-011. Subdivision of Tract S-1, U.S. Survey 3218 to Lots 1 through 15 and Tract S-1A. (Brechan Enterprises, Inc.) COMMISSIONER RENNELL indicated that this case had been removed from the agenda. R) CASE S-86-012. Subdivision of a Portion of Lot 2, U.S. Survey 2539 to Lots 1 through 9, Bruhn Point; generally located at the base of Marine Hill, Womens Bay. (Koniag, Inc.) DAVE CROWE indicated 10 public hearing notices were mailed for this case and 1 was returned from the 17th District USCG Headquarters opposing this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO RETURN THE PRELIMINARY SUBDIVISION TO THE APPLICANT for resubmittal including the total development plan for Bruhn Point and information answering the questions raised by the Community Development Department staff. The motion was seconded and CARRIED by unanimous roll call vote. COMMUNITY DEVELOPMENT DEPARTMENT STAFF 1. Do salmon spawn in the small stream? If so, what will Fish and Game's comments be? 2. What type of materials were dumped on the property, where are they located and what effects will this fill have on development? 3. Is there an adequate supply of potable water? 4. Will Alaska Department of Environmental Conservation (ADEC) approve the subdivision of the land and if so, will engineered septic systems be required? S) CASE S-86-013. Right-of-way Plat, U.S. Survey 162; Karluk Bulk Fuel Storage. (Kodiak Island Borough) DAVE CROWE indicated 7 public hearing notices were mailed for this case and none were returned. LINDA FREED read a memo from Resource Management Officer, Bud Cassidy, dated May 19, 1986. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS225999 P & Z REGULAR MEETING N MAY 21, 1986 MINUTES r r Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF CASE 5-86-013, Right-of-way Plat, U.S. Survey 162 subject to the conditions outlined in the memorandum from the Borough Engineer dated May 13, 1986. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Redraft the plat on a 24" by 36" sheet to a scale sufficient to show all of U.S. Survey 162, and show all distances and bearings for Tract B; 2. Provide a signature line and Notary's Acknowledgment for Lynn Canal Investment Company rather than the Borough Mayor (as owner). T) CASE 5-86-014. Vacation of Lots 5 and 6, Block 3, Tract C, Ouzinkie Townsite and replat to Lots 5A, 5B, 6A and 6B. (Kodiak Island Housing Authority) DAVE CROWE indicated 47 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 KNUDSEN MOVED TO GRANT FINAL APPROVAL OF CASE 5-86-014, vacation of Lots 5 and 6, Block 3, Tract C, Ouzinkie Townsite and replat to Lots 5A, 5B, 6A and 6B. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS A) "May 1986 Draft" of the revised Subdivision Ordinance (Title 16) of the Kodiak Island Borough Code. A discussion ensued amongst the Commissioners, Community Development Department staff and Engineering Department staff. COMMISSIONER KNUDSEN MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY ADOPT REVISED TITLE 16. The motion was seconded. COMMISSIONER KNUDSEN MOVED TO AMEND SECTION 16.70.020 (A) 2 AND 3 TO READ water and sewer, if available to the area, then water and sewer connections must be available to all lots created. A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. The amendment was seconded and FAILED by roll call vote. Commissioners Thompson and Heinrichs voted "no." A discussion ensued amongst the Commissioners and Community Development Department staff. The question was called and the main motion CARRIED by unanimous roll call vote. VIII. NEW BUSINESS There was no new business. KIBS225989 P & Z REGULAR MEETING 19 MAY 21, 1986 MINUTES IX. COMMUNICATIONS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF THE ITEM OF COMMUNICATION. The motion was seconded and CARRIED by unanimous voice call vote. A) Letter from Art Bors dated May 16, 1986 regarding authorized signatures for building permits. 0` X. REPORTS 0— A) Status Report from the Community Development Department. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 10:47 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: QT�Q Steve Renne'Ll, Chairman ATTEST By: 00 Patricia Miley, Mcretary Community Develo ent Department DATE APPROVED: 3-1QS Pa A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225990 P & Z REGULAR MEETING 20 MAY 21, 1986 MINUTES