1986-07-16 Regular Meetingr—
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 16, 1986
I. CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:34 p.m. by Chairman Steve Rennell on July 16, 1986 in
the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Steve Rennell, Chairman
Mike Anderson
Robin Heinrichs
D.L. Smedley
Marlin Knight
Mary Lou Knudsen
Scott Thompson
III. APPROVAL OF AGENDA
Others Present:
Linda Freed, Director,
Community Development Department
Bob Pederson, Associate Planner,
Community Development Department
Dave Crowe, Borough Engineer
Patricia Miley, Secretary,
Community Development Department
COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda as presented. The
motion was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER KNUDSEN noted that the record of the vote on Case 86-034
was omitted from the minutes of the June 18, 1986 regular meeting and
instructed staff to correct this omission.
The motion to grant a request for an exception carried by majority
roll call vote. Commissioners Knudsen and Smedley voted "no."
COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the June 18,
1986 Planning and Zoning Commission regular meeting as corrected. The
motion was seconded and CARRIED by unanimous voice vote.
V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) CASE 85-038. Request for a one-year extension for a previously
approved variance that permitted a single-family residence to
encroach 7-feet into the required 40-foot rear yard setback in a
RR1--Rural Residential One Zoning District. Lot 5B, Block 3,
Bells Flats Alaska Subdivision; 782 Sargent Creek Road. (Royal
Large)
COMMISSIONER KNUDSEN MOVED TO GRANT a request for a one-year
extension for a previously approved variance (Case 85-038) to
permit a new single-family residence to encroach 7-feet into the
required 40-foot rear yard setback in a RR1--Rural Residential
One Zoning District on Lot 5B, Block 3, Bells Flats Alaska
Subdivision and to adopt the findings of fact contained in the
staff report dated July 8, 1985. The motion was seconded and
CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. The unique conditions applicable to this lot are the old
military foundation and Sargent Creek. The platted property
line along Sargent Creek is the mean high water line. This
meandering property line creates an extenuating physical
circumstance that justifies a variance.
2. Strict application of the setback requirements would result
in practical difficulties and unnecessary hardship. The
P & Z MINUTES
1 KIBS226019 JULY 16, 1986
el-
r—
existing foundation creates a physical hardship and an
inconvenience.
3. The granting of the variance will not result in material
damages or be prejudicial to other properties in the
vicinity and will not be detrimental to the public's health,
safety or general welfare. The setback encroachment is on
the creek side of the lot and not nearby other residences.
The lot also abuts public lands and Sargent Creek Road.
4. The granting of the variance will not be contrary to the
objectives of the comprehensive plan.
5. Actions of the applicant did not cause the old military
foundation to be placed on the lot.
6. Single-family residential uses are permitted in the
RR1--Rural Residential One Zoning District.
B) CASE 85-054. Request for one and five year extensions for a
previously approved variance that permitted ten (10)
zero -lot -line or "townhouse" dwelling units to have the
common -wall side yard setback abated on both side property lines
instead of only one side property line. Lots 2A through 11A,
Block 2, Alderwood Subdivision; 1317 through 1325 Mylark Lane.
(Kodiak Properties, Inc.)
COMMISSIONER ANDERSON MOVED TO GRANT a request for a one year
extension for a previously approved variance on Lot 2A and a five
year extension for Lots 3A through 11A, Block 2, Alderwood
Subdivision to permit the construction of ten (10) zero -lot -line
or "townhouse" dwelling units that have the common -wall side yard
setback abated on both side property lines instead of having only
one side yard abated with the opposite side yard having a minimum
setback of 10 feet; and to permit zero -lot -line or "townhouse"
dwelling units to locate on two lots that exceed the maximum
depth -to -width ratio of three -to -one in a R3--Multifamily
Residential Zoning District. The motion was seconded and CARRIED
by unanimous roll call vote.
FINDINGS OF FACT
A: Variance to common -wall setbacks (17.34.040)
B: Variance to depth to width ratio (17.34.030)
1A. The unique condition applicable to the intended use of the
land is the architectural style proposed by the applicant.
The proposed structures are commonly known as "detached
zero -lot -line residences." The exception here is that beams
from one structure will extend to a structure on an
adjoining lot. Additionally, this block of Alderwood
Subdivision is already platted for 27 townhouse dwelling
units which can be considered a form of zero -lot -line
development.
1B. The unique physical characteristics applicable to this
property are the terrain and slope of the lots, strict
conformance with the lot depth -to -width ratio requirement
would result in the elimination of lake frontage and the
problems associated with subdividing the property given the
original lot configuration.
2A. The strict application of the zoning ordinance would only
allow attached zero -lot -line structures to be constructed.
This is a practical difficulty because the zero -lot -line
section of the ordinance does not address many other types
of zero -lot -line development. Further, the current zoning
of the property (R2 and R3) would allow a higher density of
development than is proposed with this development.
3A. Granting of the variance will not result in material damage
or prejudice to other properties in the area. The
P & Z MINUTES
2 KIBS226020 JULY 16, 1986
surrounding area is all zoned for and/or developed with a
higher residential density than is proposed. All other code
requirements will be met. Therefore, the public health,
safety and welfare should not be compromised.
4A. Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies this
area for medium -density residential development.
r 4B. Same as A above.
5A. In this case, actions of the applicant have not caused the
conditions from which relief is being sought by a variance.
The variance will be decided prior to construction of the
proposed structures.
6A. Zero -lot -line residential land uses are permitted in this
district.
6B. Same as A above.
There were no other appearance requests or audience comments.
VI. PUBLIC HEARINGS
A) 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 R2--Two-Family
Residential in accordance with Chapter 17.72 (Amendments and
Changes) of the Borough Code; and a
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,
r 1986) from RR1--Rural Residential One to B--Business in
accordance with Chapter 17.72 (Amendments and Changes) of the
Borough Code; and a
Request for the rezoning of a Portion of Tract S-1,
U.S. Survey 3218, specifically Tract S-lA, as shown on the
attached map, generally north of an extension of Melnitsa Lane,
from RR1--Rural Residential One to B--Business in accordance with
Chapter 17.72 (Amendments and Changes) of the Borough Code; and a
Request for the rezoning of a Portion of Tract S-1,
U.S. Survey 3218, specifically Tract S-lB, as shown on the
attached map, generally south of an extension of Melnitsa Lane,
from RR1--Rural Residential One to I --Industrial in accordance
with Chapter 17.72 (Amendments and Changes) of the Borough Code.
Located along Island Lake Road between Mill Bay Road and Cove
Drive. (Brechan Enterprises, Inc.)
BOB PEDERSON indicated 53 public hearing notices were mailed for
this case and none were returned commenting on "Option 2." Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
CRAIG JOHNSON appeared before the Commission and expressed
r support for "Option 2" (the applicant's current request).
MARY JANE ROGERS appeared before the Commission and expressed
support for "Option 2" (the applicant's current request).
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO RECOMMEND that the Borough
Assembly approve the rezoning of Tract S-1, U.S. Survey 3218, as
follows:
A Portion of Tract S-1, U.S. Survey 3218, specifically Lots 1
through 7, Block 1, Brechan Subdivision Preliminary Plat (Case
P & Z MINUTES 3 KIBS226021 JULY 16, 1986
5-86-011, dated April 18, 1986) from RR1--Rural Residential One
to R2--Two-Family Residential; and a
Portion of Tract S-1, U.S. Survey 3218, specifically Lots 1
through 7, Block 2, Brechan Subdivision Preliminary Plat (Case
S-86-011, dated April 18, 1986) from RR1--Rural Residential One
to B--Business; and a
Portion of Tract S-1, U.S. Survey 3218, specifically Tract S-1A,
r as shown on the attached map, generally north of an extension of
Melnitsa Lane, from RR1--Rural Residential One to B--Business;
and a
Portion of Tract S-1, U.S. Survey 3218, specifically Tract S-1B,
as shown on the attached map, generally south of an extension of
Melnitsa Lane, from RR1--Rural Residential One to I --Industrial
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
1. Findings as to the Need and Justification for a Change or
Amendment.
Staff finds that a zoning change from RR1--Rural Residential
One is needed because the property is not rural in nature,
can be served by public utilities and development is
occurring in the area. A rezone to R2--Two-Family
Residential, B--Business and I --Industrial is justified
because the categories will be appropriate for the land in
question, will permit development that can be compatible
with existing and potential land uses on surrounding
properties and will not create adverse traffic impacts.
2. Findings as to the Effect a Change or Amendment would have
on the Objectives of the Comprehensive Plan.
A rezone to R2--Two-Family Residential, B--Business and
I --Industrial will have no effect on the comprehensive plan
because the plan is essentially outdated for this area.
There is an area designated in the comprehensive plan as
public that separates the rezone site from an industrial
designation but this land has never been in public ownership
and the extension of the industrial designation to the
rezone area is logical. Generally, although outdated, the
comprehensive plan identifies this area for medium density
residential development.
B) CASE 86-050. Request for a variance from Section 17.54.010
(Height --Extension onto Public Property) of the Borough Code to
permit an 8-foot fence to locate in a residential zoning district
on Lot 23B, U.S. Survey 3099; 2657 Metrokin Way. (Wayne and
Marie Coleman)
BOB PEDERSON indicated 26 public hearing notices were mailed for
this case and none were returned. Mr. Pederson noted that
r — Barbara Thompson called and requested that her comments be read
into the record. Ms. Thompson stated that an 8-foot fence would
be an improvement to the area. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
WAYNE COLEMAN appeared before the Commission and expressed
support for this request.
Public Hearing Closed.
Regular Session Opened.
P & Z MINUTES 4 KIBS226022 JULY 16, 1986
F
COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance
from Section 17.54.010 of the Borough Code to permit an 8-foot
fence to locate in a residential zoning district on Lot 23B, U.S.
Survey 3099 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
2.
The exceptional condition applicable to the intended use of
the property is the existing structures on the lot. The lot
contains a grandfathered shop and quonset but that have been
most recently used for an automotive repair business. An
8-foot fence will provide additional security and tend to
confine the land use to the lot instead of also on the road
right-of-way.
Strict application of the zoning ordinances would result in
Strict application of the zoning ordinance would only allow
a 6-foot fence except in the front yard where the maximum
height allowed is 4-feet. These fence heights would not
provide the degree of security and separation of land uses
that an 8-foot fence would. This constitutes a practical
difficulty.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity
be detrimental to the public's health, safety and welfar
Granting of the variance will not be detrimental to the
public's health, safety or welfare. The fence will not
interfere with safe traffic flow or visibility along
Metrokin Way.
4.
5.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of this variance for a fence will not be contrary
to the objectives of the comprehensive plan because the plan
does not address minor developments such as fences and
fences are generally considered permitted accessory
structures in all land use districts.
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 fence.
That the granting of the variance will not permit a
prohibited land use in the district involved.
Fences are permitted in all land use districts.
C) CASE 86-051. Request for a variance from Section 17.60.040
(Business District --Signs) of the Borough Code to permit more
than one sign advertising an existing business to locate in the
B--Business Zoning District. This variance will permit
additional signs for a new parking lot for an existing business
not on the same lot as the business. Lot 7, Thorsheim
Subdivision; 210 Thorsheim Street. (McDonald's of Kodiak)
P & Z MINUTES
5 KIBS226023 JULY 16, 1986
BOB PEDERSON indicated 25 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
JOHN PUGH, representing Larry Doll dba McDonald's of Kodiak,
appeared before the Commission and expressed support for this
request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a variance from Section
17.60.040 of the Borough Code to permit new signs for the
restaurant parking lot consisting of one 3-foot by 4-foot sign at
the lot entrance and a maximum of three 4-square foot signs (two
mounted on the fence) indicating that the lot is for McDonald's
parking only, to locate in a B--Business Zoning District on Lot
7, Thorsheim 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. Exceptional phvsical circ
to the property or intend
generally do not apply to
use district.
s in
licable
The exceptional condition applicable to the intended use of
this property is largely a perceptual one. Typically, the
average business property owner assumes that they may have
any number of signs. This is especially true in the case of
restaurants which usually have several signs identifying the
Ij
business and the types of food served. In this case, it is
notable that the applicant is seeking the variance prior to
installation of the sign. In addition, the additional signs
are necessary due to the fact that the parking lot is on a
separate lot from the restaurant building. This creates a
physical need for additional signs.
2. Strict application of the zoning ordinances
Strict application of the zoning ordinance would not allow
any additional signs on the property. This is an
unnecessary hardship when many other businesses in Kodiak
(including many restaurants) have more than one sign.
3. The
to
to
will not result in
nor
Granting of the variance will not be detrimental to the
public's health, safety or welfare. The sign will not
interfere with safe traffic flow along Thorsheim Street and
will not obscure visibility at the intersection of Thorsheim
Street and Rezanof Drive East.
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 central business district. Signs are customarily
used to identify business establishments.
5. That actions of
conditions or f
did not cause
is
P & Z MINUTES 6 KIBS226024 JULY 16, 1986
r
In this instance, actions of the applicant have not caused
the conditions from which relief is being sought be a
variance. The variance request will be decided prior to
erection of the sign.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Signs are permitted in the Business District.
D) CASE 86-052. Request for an exception from Section 17.13.020
(Permitted Uses) of the Borough Code for conceptual plan approval
for a 3.5 acre base camp for logging activities on Afognak
Island. The camp will consist of a cookhouse, office, bunkhouse,
single-family dwellings and other ancillary structures and
activities associated with forestry and logging activities.
Conceptual plan approval will allow administrative review and
approval of permits for construction in substantial compliance
with the plan; and a
Request for a variance from Section 17.13.050
(Yards) of the Borough Code to permit eight structures in the
logging camp (seven trailers and one cookhouse) to encroach into
the required 75-foot front yard setback of the C--Conservation
Zoning District. Located in Section 33, Township 23 South, Range
20 West, Seward Meridian on the east side of Kazakof (Danger)
Bay; (Afognak Native Corporation)
Public hearing on a proposed permanent log transfer
facility, raft storage area and log storage/sorting yard to be
located in the waters of "Lookout Cove" in Kazakof Bay, Afognak
Island, Section 16, Township 23 South, Range 20 West, Seward
Meridian. The purpose of this hearing to to gather public input
that will be used in determining the Kodiak Island Borough's
comments as to whether this project is consistent with the Alaska
Coastal Management Program and the Kodiak Island Borough Coastal
Management Program.
BOB PEDERSON indicated 24 public hearing notices were mailed for
this case and none were returned. Written comments from the
Kodiak Regional Aquaculture Association were distributed to the
Commission by Kevin O'Sullivan before the meeting convened.
Regular Session Closed.
Public Hearing Opened:
WAYNE DOLEZAL, ADF&C, appeared before the Commission and
expressed concern with the proposed log transfer and rafting
facility.
A discussion ensued amongst the Commissioners and Mr. Dolezal.
KEVIN O'SULLIVAN, Kodiak Regional Aquaculture Association,
appeared before the Commission and expressed concern with the
proposed log transfer and rafting facility.
A discussion ensued amongst the Commissioners and Mr. O'Sullivan.
PETER OLSEN, Afognak Native Corporation, appeared before the
Commission, explained the proposal in detail and expressed
support for this request.
A discussion ensued amongst the Commissioners and Mr. Olsen.
JIM CARMICHAEL, Afognak Native Corporation, appeared before the
Commission and expressed support for this request.
A discussion ensued amongst the Commissioners and Mr. Carmichael.
PETE OLSEN, SR., appeared before the Commission and expressed
support for this request.
A discussion ensued amongst the Commissioners and Mr. Olsen.
P & Z MINUTES
7 KIBS226025 JULY 16, 1986
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners and Community
Development Department staff with input from Mr. Carmichael.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for an exception
from Section 17.13.020 of the Borough Code for conceptual plan
approval for a 5 acre plus base camp for logging activities on
Afognak Island. The camp will consist of a cookhouse, office,
bunkhouse, single-family dwellings and other ancillary structures
and activities associated with forestry and logging activities
and to adopt the findings contained in the staff report as
"Findings of Fact" for this case. This camp shall be removed
when it ceases to be a base for logging activities. Conceptual
plan approval will allow administrative review and approval of
permits for construction in substantial compliance with the plan.
Located in Section 33, Township 23 South, Range 20 West, Seward
Meridian on the east side of Kazakof (Danger) Bay. The motion
was seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safety or general welfare, (B)
be inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in
the neighborhood.
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
at this location and departmental files do not indicate
r that the previous base camp posed any danger to public
health, safety or welfare. The plan also proposes to
utilize existing water, sewer and electrical facilities
that have been in place for 10 years. The applicant
has indicated that the sewer and water systems have
handled twice the proposed population in the past.
Domestic refuse will be burned in accordance with, and
at a site approved under ADEC regulations approximately
six miles up the road from the camp. Vegetation will
be retained around the edge of the camp. 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
r 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 this remote location.
C. The proposed use does not appear to adversely impact
other properties or uses in the area because all
surrounding land is under the applicant's management
and ownership. This should provide adequate separation
between the base camp and any other uses.
COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance
from Section 17.13.050 of the Borough Code to permit 8 new
structures in the logging camp (7 trailers and 1 cookhouse to
P & Z MINUTES 8 KIBS226026 JULY 16, 1986
encroach into the required 75-foot front yard setback of the
Conservation Zoning District and to adopt the findings contained
in the staff report as "Findings of Fact" for this case. Located
in Section 33, Township 23 South, Range 20 West, Seward Meridian
on the east side of Kazakof (Danger) Bay. The motion was
seconded and CARRIED by unanimous roll call vote.
FINDINGS OF FACT
1. Exceptional p
to the proper
generally do
use district.
2
3.
ical circumstances or conditions applicable
or intended use of development. which
The unique circumstances and physical conditions applicable
to this request are the previous locations of the proposed
structures and the existing electrical, water and sewer
facilities. The structures are proposed to be sited exactly
where they used to be, when the site was previously used as
a base camp, and connected to existing water and sewer
stub -outs.
Strict application of the zoning ordinances would result in
Strict application of the zoning ordinance would require the
structures to be located elsewhere. This would be a
practical difficulty and unnecessary hardship because it
would require extensive construction to relocate the
existing road, electrical, water and sewer facilities.
ting of the variance will not result in
or preiudice to other properties in the
to the public's
Granting of the variance will not result in material damages
or prejudice to other properties in the area or be
detrimental to the public's health, safety or welfare
because all surrounding land is owned and managed by the
applicant and the structures will be connected to previously
constructed and "grandfathered" infrastructure facilities.
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 because the plan does
not address Afognak Island.
5. That actions of the applicant did not cause
Actions of the applicant have not caused the conditions from
which relief is being sought by a variance because the
variance will be decided prior to the location of the
structures on the site.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
A base camp which includes single-family residences and a
cookhouse will be a permitted land use at this location in
the C--Conservation Zoning District only if the exception
request is granted.
COMMISSIONER HEINRICHS MOVED TO find in regards to the Kodiak
Island Borough Coastal Management Program compliance that the
proposed log transfer facility is generally consistent with the
Kodiak Island Borough Coastal Zone Management program. However,
the extent of the possible adverse impact of a log rafting
development is a concern of this Commission but the technical
P & Z MINUTES 9 KIBS226027 DULY 16, 1986
r-
not interfere with safe traffic flow, visibility or
off-street parking and because many other walls, fences and
the like in Kodiak are located in rights -of -way.
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 result in damage or
prejudice to other properties in the area and will not be
detrimental to public health, safety or welfare. The
property on the side where the deck is proposed is a
cemetery. The applicant has obtained permission from the
City of Kodiak to place the wall in the right-of-way and as
discussed above, this location will not interfere with safe
traffic flow, visibility or access.
4. The granting of the variance will not be contrary to the
obiectives 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 and a landscaping
wall will not change the land use or permitted density.
5. That actions of the applicant did
or financial hardship from which relief is be
he 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. Landscaping is permitted in all land use
districts.
CHAIRMAN RENNELL recessed the meeting for ten minutes.
CHAIRMAN RENNELL reconvened the meeting at 9:28 P.M.
F) CASE 86-054. Request for an exception from Section 17.21.020
(Permitted Uses) of the Borough Code to permit a single-family
dwelling unit to locate within an existing business building on a
lot that already contains a separate single-family residence.
Located in a B--Business Zoning District on a Portion of Tract
G-1, U.S. Survey 3218; 3325 Mill Bay Road. (Doyle Hatfield)
BOB PEDERSON indicated 28 public hearing notices were mailed for
this case and 1 was returned that addressed the "old yellow
house." 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 an exception
from Section 17.21.020 of the Borough Code to permit a
single-family residence to locate in an existing business
building on a lot in the B--Business Zoning District that already
contains another separate single-family residential structure, a
Portion of Tract G-1, U.S. Survey 3218 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 Knudsen, Rennell and Knight voted "no."
P & Z MINUTES 11 KIBS226029 JULY 16, 1986
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safety or general welfare, (B)
be inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in
the neighborhood.
A. It appears that the proposed use will not endanger the
public's health, safety or general welfare. The
residence will be located within an existing building
that was originally designed to accommodate a
residential unit. The existing business and
residential uses of the property will not change. The
addition of one dwelling unit will not substantially
increase traffic in the area or detract from the
commercial land uses of the site and surrounding area.
The addition of a residential unit will also require
compliance with building, fire and plumbing codes.
B. The proposed use should be consistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.21, the Business
District. The business use present on the property
will remain. Exceptions are provided for in Title 17
to allow certain land uses to locate in districts where
they are not normally allowed. It is interesting to
note that apartments (more than three units) are
permitted in the B--Business Zoning District and that a
single-family residence is permitted through a
conditional use permit, but two dwelling units or
duplexes are not addressed at all.
r C. The proposed use does not appear as though it will
I adversely impact other properties or uses in the area.
There is adequate area on the lot for two additional
parking spaces and the immediately adjoining lots
contain a duplex and a mobile home park.
G) CASE 86-055. Request for an exception from Section 17.33.020
(Permitted Uses) of the Borough Code to permit a two-story
40-foot by 70-foot Boy Scout Lodge containing a caretaker
dwelling unit to locate in a PL--Public Use Lands Zoning
District. A Portion of Lot 1A, Tract A, U.S. Survey 3465
containing approximately 4 acres and located along the south
shore of Island Lake. (BPOE #1772/Kodiak Island Borough)
BOB PEDERSON indicated 59 public hearing notices were mailed for
this case and 1 was returned, in favor of this request. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
EDWARD COE, representing BPOE #1772, appeared before the
Commission and expressed support for this request.
r A discussion ensued amongst the Commissioners and Mr. Coe.
I Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for an exception
from Section 17.33.020 of the Borough Code to permit a two-story
40-foot by 70-foot Boy Scout lodge containing a caretaker
dwelling unit to locate in a PL--Public Use Lands Zoning District
on a portion of Lot 1A, Tract A, U.S. Survey 3465 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.
P & Z MINUTES 12 KIBS226030 JULY 16, 1986
FINDINGS OF FACT
1. That the use as proposed in the application, or under
appropriate conditions or restrictions, will not (A)
endanger the public's health, safety or general welfare, (B)
be inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in
the neighborhood.
A. It appears that the proposed use will not endanger the
public's health, safety or general welfare. The
property is leased by the Elks from the Kodiak Island
Borough for the specific purpose of youth activities
and has been used as such in the past. Construction of
a lodge will not change the intended or actual use of
the land. All construction will be required to comply
with applicable building and fire codes and the
facility will be connected to public water and sewer.
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 17.33, the PL--Public
Use Lands Zoning District: "The public lands district
is established as a land use district for publicly
owned land containing recreational, educational and
institutional uses." The proposed lodge is consistent
with this description.
C. The proposed use does not appear to adversely impact
other properties or uses in the neighborhood. The
lodge building will be at least 150-feet away from the
nearest property line or boundary of the Elks lease and
will comply with applicable setback requirements. A
Boy Scout lodge is not considered an intensive land use
(� and therefore, potential impacts (e.g., traffic) on
I surrounding property are likely to be much less than
those of other permitted uses in the PL--Public Use
Lands Zoning District. Lastly, visual impacts of the
use are expected to be negligible because of the lodge
location and the lease requirement for written Borough
permission before cutting any trees larger than
12-inches in diameter (D.B.H.).
H) CASE 86-056. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit a hydroelectric
project to locate in a R1--Single-Family Residential Zoning
District. The project will consist of a dam, penstock,
generating unit, transmission facilities and a fish hatchery.
Located in Sections 13 and 14, Township 26 South, Range 20 West,
Seward Meridian; East of the City of Ouzinkie on Spruce Island.
(Focus Energy Corporation/Ouzinkie Native Corporation)
BOB PEDERSON indicated 7 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
COMMISSIONER THOMPSON requested to be excused due to a conflict
of interest. COMMISSIONER RENNELL excused COMMISSIONER THOMPSON.
Regular Session Closed.
Public Hearing Opened:
SCOTT THOMPSON appeared before the Commission and expressed
support for this request.
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
hydroelectric project consisting of a dam, penstock, generating
unit, transmission facilities, and a fish hatchery to locate in a
P & Z MINUTES 13 KIBS226031 JULY 16, 1986
R1--Single-Family Residential Zoning District in Sections 13 and
14, Township 26 South, Range 20 West, Seward Meridian, 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 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. The
project will provide an alternative source of
electricity for the City of Ouzinkie, which should
benefit the community's general welfare. The project
also incorporates a fish hatchery and weir into the dam
facility.
B. The proposed project will be consistent with the
general purposes and intent of Title 17. Exceptions
are provided for in Borough Code to permit land uses
which are not specifically permitted by zoning district
regulations. Water reservoirs and dams, water
transmission lines and electric distribution lines and
substations are only identified as permitted uses in
the Watershed District and there are no areas zoned
Watershed on Spruce Island. This project is consistent
with Title 17 because it is identified in the 1968 and
1984 Comprehensive Plans for Ouzinkie; it will not
interfere with the continuation of single-family
residences in the district (17.18.010B); and it is
unlikely that all areas within the corporate boundaries
of Ouzinkie that are zoned R1--Single-Family
Residential (more than 8 square miles) will be actually
developed with R1--Single-Family Residential uses.
C. The proposed use does not appear to adversely impact
other properties or uses in the area because all
surrounding land is under the same ownership and
undeveloped. The project location (one-half to one and
one-half miles from the townsite) should provide
adequate separation from any other land uses.
COMMISSIONER THOMPSON returned to the Planning and Zoning
Commission.
I) CASE 86-019. Public hearing on the draft Shuyak Island
Comprehensive Plan. (Community Development Department)
BUD CASSIDY reviewed the draft Shuyak Island Comprehensive Plan
with the Commissioners.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Borough
Assembly approve the Shuyak Island Comprehensive Plan and revise
Section 17.02.030 of the Borough Code to adopt the Shuyak
Comprehensive Plan. The motion was seconded and CARRIED by
unanimous roll call vote.
P & Z MINUTES 14 KIBS226032 JULY 16, 1986
r—
J) CASE S-86-019. Subdivision of Lot 8, Block 1, Miller Point
Alaska Subdivision to Lots 8A and 8B. (Doyne W. Kessler)
DAVE CROWE indicated 19 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
DOYNE KESSLER appeared before the Commission and expressed
support for this request.
A discussion ensued amongst the Commissioners, Mr. Kessler,
Engineering Department staff, and Community Development
Department staff.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL of CASE
S-86-019: Subdivision of Lot 8, Block 1, Miller Point Alaska
Subdivision to Lots 8A and 8B subject to the following
conditions:
1. Delete the proposed 30-foot access and utility easement.
2. Place the following note on the final plat: "Natural
streams and drainage courses shall not be blocked or
impeded."
3. Designate the area of Lot 8B that is located behind Lot 8A
as a non -buildable area for principal structures.
The motion was seconded and CARRIED by unanimous roll call vote.
K) CASE S-86-020. Subdivision of Lot 20A, U.S. Survey 3101 to Lots
20A-1 and 20A-2. (Dennis Nelson)
DAVE CROWE indicated 25 public hearing notices were mailed for
this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
DENNIS NELSON appeared before the Commission and expressed
support for this request.
A discussion ensued amongst the Commissioners, Community
Development Department staff, Engineering Department staff and
Mr. Nelson.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL of CASE
S-86-020: Subdivision of Lot 20A, U.S. Survey 3101 to Lots 20A-1
and 20A-2 subject to the following conditions:
1. Show the basis of bearing and designate monuments recovered
or set on the final plat.
2. Install water service to Lot 20A-2 and sewer service to Lot
20A-1.
3. Provide a 20-foot-wide sewer easement along the westerly
boundary of Lot 20A-2 to provide for installation of sewer
service for Lot 20A-1.
4. The storage shed on Lot 20A-1 must be removed or relocated
to meet Title 17 requirements.
5. Ownership signatures and notary's acknowledgments must be
shown on the final plat for Dennis L. Nelson and LouAnne
Sterbick Nelson.
KIBS226033
P & Z MINUTES 15 JULY 16, 1986
A discussion ensued amongst the Commissioners, Engineering
Department staff, and Community Development Department staff with
input from Bob Tarrant.
The question was called and the motion CARRIED by majority roll
call vote. Commissioners Rennell, Knudsen and Smedley voted
"no."
L) CASE S-86-021. Subdivision of Lot 3A, Block 6, Miller Point
Alaska Subdivision First Addition to Lots 3A-1 and 3A-2.
(Michael Anderson)
DAVE CROWE indicated 36 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
COMMISSIONER ANDERSON requested to be excused due to a conflict
of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON.
Regular Session Closed.
Public Hearing Opened:
MICHAEL ANDERSON appeared before the Commission and expressed
support for this request.
A discussion ensued amongst the Commissioners and Engineering
Department staff.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL of CASE
S-86-021: Subdivision of Lot 3A, Block 6, Miller Point Alaska
Subdivision First Addition to Lots 3A-1 and 3A-2 subject to the
r" following conditions:
1. That applicant install water service to Lot 3A-2.
2. That a note be added to the final plat stating that the
front yard setback for Lot 3A-2 shall be measured from the
rear lot line of Lot 3A-1.
The motion was seconded.
A discussion ensued amongst the Commissioners and Engineering
Department staff.
COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by deleting
condition number one and retaining condition number two. The
motion was seconded.
A discussion ensued amongst the Commissioners, Engineering
Department staff and Michael Anderson.
The question was called and the amendment CARRIED by majority
roll call vote. Commissioner Knudsen voted "no."
The question was called and the main motion as amended CARRIED by
unanimous roll call vote.
COMMISSIONER ANDERSON returned to the Planning and Zoning
Commission.
VII. OLD BUSINESS
A) CASE S-86-011. Preliminary subdivision of Tract S-1, U.S. Survey
3218 to Brechan Subdivision, Lots 1 through 15 and Tract S-1A.
(Brechan Enterprises, Inc.)
A discussion ensued amongst the Commissioners and Engineering
Department staff.
KIBS226034
P & Z MINUTES 16 JULY 16, 1986
XI
XII
COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF CASE
S-86-011: Preliminary subdivision of Tract S-1, U.S. Survey 3218
to Brechan Subdivision, Lots 1 through 7, Block 1 and Lots 1
through 7, Block 2, Tract S-1A and Tract S-1B with the following
conditions:
1. Applicant to submit a grading and drainage plan for approval
and complete the grading and drainage alterations before
recording the final plat.
2. Show a storm drainage easement across Tract S-lA for the
existing 24-inch culvert.
3. Applicant to install water and sewer services to Lots 1
through 7, Block 1 and Lots 1 through 7, Block 2.
4. Place the following note on the final plat: "Natural
streams and drainage courses are not to be blocked or
impeded."
5. Provide such other easements as are necessary to accommodate
KEA's existing facilities.
6. A 20-foot greenbelt be provided as shown on the original
preliminary plat.
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 BY DELETING
the greenbelt requirement. The amendment was seconded and
CARRIED by majority roll call vote. Commissioners Smedley,
Knudsen and Rennell voted "no."
The question was called and the main motion as amended CARRIED by
unanimous roll call vote.
NEW BUSINESS
There was no new business.
COMMUNICATIONS
There were no communications.
REPORTS
A) Status Report from the Community Development Department.
B) CASE 86-047 a request for a conditional use permit in accordance
with Section 17.24.020 (Conditional Uses) of the Borough Code to
permit three petroleum storage tanks to locate in the
I --Industrial Zoning District on Lots B and D, Tract A, U.S.
Survey 444; 310 through 312 Mission Road has been appealed to the
City Council.
C) The worksession scheduled for July 23, 1986 was cancelled.
AUDIENCE COMMENTS
BOB TARRANT requested that the Commission give final approval to CASE
S-85-002: Final subdivision of Lot 6, Block 1, Bells Flats Alaska
Subdivision to Lots 6A, 6B, 6C and 6D. (Pamela Baglien)
A discussion ensued amongst the Commissioners, Engineering Department
staff and Mr. Tarrant.
The Commission decided to take no action on Mr. Tarrant's request.
COMMISSIONERS' COMMENTS
KIBS226035
P & Z MINUTES
17
JULY 16, 1986
P—
01-
XIII. ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 11:22 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By: i4j-1-
Steve Rennell, Chairman
ATTEST
By:
Patricia Miley, 9cretary
Community Develo ent Department
DATE APPROVED: �N �, l`f Sao
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226036
P & Z MINUTES
W
JULY 16, 1986