1986-10-15 Regular Meetingr
I
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - OCTOBER 15, 1986
CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:32 p.m, by Vice Chairman Marlin Knight on October 15,
1986 in the Borough Assembly Chambers.
II. ROLL CALL
III
IV
V
VI
Commissioners Present:
Marlin Knight
Mike Anderson
Robin Heinrichs
Mary Lou Knudsen
D.L. Smedley
Scott Thompson
Commissioners Absent:
Steve Rennell, Chairman - Excused
A quorum was established.
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.
MINUTES OF PREVIOUS MEETING
COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the September 17,
1986 Planning and Zoning Commission regular meeting as presented. The
motion was seconded and CARRIED by unanimous voice vote.
APPEARANCE REQUESTS AND AUDIENCE COMMENTS
There were no appearance requests or audience comments.
PUBLIC HEARINGS
A) CASE 86-073. Request for a variance from Section 17.54.010(A)
(Height -Extension onto Public Property) of the Borough Code to
permit a 9 foot fence and an 8 foot fence in the front yard in a
RR1--Rural Residential One Zoning District. Lot 6, U.S. Survey
3233; located off Metrokin Way. (Jackson Mobile Home Park, Inc.)
BOB PEDERSON indicated 49 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:
SID COZART, representing Jackson Mobile Home Park, Inc., appeared
before the Commission to answer any questions and expressed
support for this request.
LORNA ARNDT appeared before the Commission and read a public
hearing notice, opposing this request, from Iris Brooks into the
record.
Public Hearing Closed.
Regular Session Opened.
KIBS226082
P & Z MINUTES
1
OCTOBER 15, 1986
COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance
from Section 17.54.010(A) of the Borough Code to permit a 9 foot
fence that will enclose an area of approximately 9,600 square
feet and an 8 foot fence that will enclose an area of
approximately 500 square feet in the front yard in a RR1 Zoning
District on Lot 6, U.S. Survey 3233 and to adopt the findings
contained in the staff report as "Findings of Fact" for this
case. The motion was seconded.
P' l
A discussion ensued amongst the Commissioners, with input from
Lorna Arndt.
The question was called and the motion CARRIED by unanimous roll
call vote.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable
to the property or intended use
use aisrricr.
The exceptional conditions applicable to the intended use of
the property are the issues of security and litter. A
fenced area for tenants' storage will provide added security
and hopefully reduce theft and vandalism. Fencing around
the trash dumpsters will reduce blowing debris and result in.
a cleaner neighborhood.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would only allow
r a 6 foot fence around the storage area and a 4 foot fence
around the dumpsters. A 6 foot fence around the storage
area would not provide the same degree of security that a 9
foot fence would. A 4 foot fence around the dumpsters would
not prevent blowing debris because the dumpsters are more
than 4 feet above ground level. These are practical
difficulties.
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 fences will not
interfere with safe traffic flow or visibility along
Metrokin Way. The granting of the variance will in fact
increase the public's health, safety and welfare.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of this variance for the fences 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.
5. That actions of the applicant did not cause special
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 fences.
6. 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.
P & Z MINUTES KIBS226083 2 OCTOBER 15, 1986
B) CASE 86-074. Request for a variance from Section 17.54.010(C)
(Height -Extension onto Public Property) of the Borough Code to
permit a stairway from the parking deck to the yard to project 4
feet into the Madsen Avenue right-of-way in a R2--Two-Family
Residential Zoning District. Lot 1A, Block 6, Baranof Heights
Subdivision; 1018A Madsen Avenue. (William H. Overturf)
BOB PEDERSON indicated 53 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
HANK OVERTURF appeared before the Commission to answer any
questions and expressed support for this request.
A discussion ensued amongst the Commissioners and Mr. Overturf.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance
from Section 17.54.010 of the Borough Code to permit a stairway
to project 4 feet into the Madsen Avenue right-of-way in a R2
Zoning District, subject to the conditions outlined in the staff
report dated October 15, 1986. Lot 1A, Block 6, Baranof Heights
Subdivision 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.
r— COMMISSIONER HEINRICHS requested that the following addition be
made to the end of the first finding of fact: In addition, the
proposed location of the stairs increases the distance between
the stairs and an electric line, thereby reducing a potential
safety hazard.
COMMISSIONER ANDERSON accepted the friendly amendment and the
second concurred.
The question was called and the motion CARRIED by unanimous roll
call vote.
CONDITIONS OF APPROVAL
1. The stairs are constructed at the applicant's sole expense.
2. The applicant assumes any liability associated with said
stairs on City -owned property.
3. If at a future date the City determines that the stairs must
be removed from the City -owned property, the applicant or
any subsequent owner of Lots 1A, Block 6, Baranof Heights
Subdivisions, agrees to remove same without cost to the
City.
4. Since the land is publicly owned, no prescriptive right
accrues to the user.
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 all the land out to the
sidewalk or roadway edge is their "yard," and that they
should be able to erect a fence, stairs or other items
around and into that yard. In addition, the proposed
location of the stairs increases the distance between the
P & Z MINUTES KIBS226084 3 OCTOBER 15, 1986
stairs and an electric line, thereby reducing a potential
safety hazard.
2. Strict
of the zoning
ties or unnece
Strict application of the zoning ordinance would only allow
the stairs to be placed on the property. This is an
r unnecessary hardship when many other stairs, fences and
landscaping in the community have encroached on the public
property without first receiving a variance. The stairs
will also make practical access to the side and rear yards
easier. At present, such access is through the house or
down the hill where the stairs are proposed.
3
4
The granting of the variance will not result in material
amages or prejudice to other properties in the vicinity
e detrimental to the public's health, safety and welfar
nor
Granting of the variance will not be detrimental to the
public's health, safety or welfare. The stairs will not
interfere with safe traffic flow or visibility along Madsen
Avenue.
The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of this variance for stairs will not be contrary to
the objectives of the Comprehensive Plan because the plan
does not address minor developments such as stairs and
stairs are generally considered permitted accessory
structures in all land use districts.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
In this 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 stairway.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Stairways are permitted in all land use districts.
C) CASE 86-075. Request for a variance from Section 17.54.010(A)
and (C) (Height -Extension onto Public Property) of the Borough
Code to permit a 4.9 foot fence to project into the Thorsheim
Street right-of-way and to permit the fence to retain a solid
vertical surface above a height of 2 feet in a R1--Single-Family
Residential Zoning District. Lot 7, Block 2, Aleutian Homes
Subdivision; 1015 Thorsheim Street. (Linda Salem)
BOB PEDERSON indicated 45 public hearing notices were mailed for
this case and 1 was returned, in favor of this request. Staff
r recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance
from Section 17.54.010(A) and (C) of the Borough Code to permit a
4.9 foot fence to project into the Thorsheim Street right-of-way
and to permit the fence to retain a solid vertical surface above
a height of 2 feet in a R1 Zoning District, subject to the
P & Z MINUTES KIBS226085 4 OCTOBER 15, 1986
conditions of approval outlined in the staff report dated October
15, 1986 and to adopt the findings contained in the staff report
as "Findings of Fact" for this case. Lot 7, Block 2, Aleutian
Homes. The motion was seconded.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
r- The question was called and the motion CARRIED by majority roll
call vote. Commissioner Knudsen voted "no."
CONDITIONS OF APPROVAL
1. The fence is constructed at the applicant's sole expense.
2. The applicant assumes any liability associated with said
fence on City -owned property.
3. If at a future date the City determines that the fence must
be removed from the City -owned property, the applicant or
any subsequent owner of Lot 7, Block 2, Aleutian Homes,
agrees to remove same without cost to the City.
4. Since the land is publicly owned, no prescriptive right
accrues to the user.
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
use district.
The exceptional condition applicable to the intended use of
the property is largely a perceptual one. Typically, the
r average property owner assumes that all the land out to the
sidewalk or roadway edge is their "yard," and that they
should be able to erect a fence around that yard. In
addition, if the fence was built along the property lines,
strips of City property would remain outside the fence. It
is possible that this property would not then be maintained
by the property owner.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would only allow
the fence to be placed on the property lines with a vertical
surface that is 50% open above 2 feet. This is an
unnecessary hardship when many other fences (solid and
otherwise) in the community have encroached on the public
property without first receiving a variance. The Commission
has also granted variance in the past for fences to project
into road 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 be detrimental to the
r public's health, safety or welfare because the fence does
not pose a line of sight problem along Thorsheim Street.
Also, the conditions outlined below ensure that any future
removal of the fence will not impose a cost to the public.
The erection of the fence out to the sidewalk will hopefully
ensure that the small strip of City property is maintained
by the property owner to the benefit of the City.
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.
P & Z MINUTES KIBS226086 5 OCTOBER 15, 1986
5. That actions of the applicant did not cause s
or
sought by the variance.
In this instance, actions of the applicant have caused the
conditions from which relief is being sought by a variance.
This is due to the fact that the fence was constructed prior
to the granting of the variance. However, staff believes
that the variance would have been requested prior to
construction if the applicant had understood that it was
necessary.
6. 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.
D) CASE 86-076. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit the storage,
repair and sales of commercial fishing nets and net supplies in a
R1--Single-Family Residential Zoning District. Lot 5C, U.S.
Survey 3099; 2552 Rezanof Drive East. (Steven Patterson/Shari
Wick)
BOB PEDERSON indicated 44 public hearing notices were mailed for
this case and 10 were returned, 4 in favor and 6 opposing this
request. Staff recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
STEVEN PATTERSON appeared before the Commission, explained his
request and expressed support for this request.
A discussion ensued amongst the Commissioners and Mr. Patterson.
AL BURCH appeared before the Commission and expressed support for
this request.
LORNA ARNDT appeared before the Commission, read a public hearing
notice, objecting to this request, from Iris Brooks and also
expressed her own objection to this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT a request for an exception
from Section 17.18.020 of the Borough Code to permit the storage,
repair and sales of commercial fishing nets and net supplies in a
R1--Single-Family Residential Zoning District, subject to the
following conditions, and to adopt the amended findings of fact
contained in the staff report as "Findings of Fact" for this
case. Lot 5C, U.S. Survey 3099.
CONDITIONS OF APPROVAL
1. This exception expires 1 November 1991.
2. The staff will report to the Commission each October until
the exception expires, and the report shall include:
A. Complaints received during the year.
B. General appearance of the lot during unannounced site
inspections.
3. That the applicant fence the property on the sides and rear
before the exception becomes in force.
4. Remove the existing gear from yard before the exception
becomes in force.
The motion was seconded.
P & Z MINUTES KIBS226087 6 OCTOBER 15, 1986
r
A discussion ensued amongst the Commissioners, Mr. Patterson, and
Community Development Department staff.
COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION by rewording
Condition number 4 to state: "Remove any gear not associated
with activities that the exception addresses." The motion was
seconded.
A discussion ensued amongst the Commissioners, Mr. Patterson, and
Community Development Department staff.
The question was called and the AMENDMENT CARRIED by unanimous
roll call vote.
A discussion ensued amongst the Commissioners and Mr. Patterson.
The question was called and the MAIN MOTION AS AMENDED FAILED by
a tie vote. Commissioners Knudsen, Smedley and Knight voted
"no."
The Commission deferred the findings of fact to the end of the
meeting.
CHAIRMAN KNIGHT recessed the meeting for five minutes.
CHAIRMAN KNIGHT reconvened the meeting at 8:45 p.m.
E) CASE 86-077. Request for the rezoning of a 1-acre Portion of Lot
1, U.S. Survey 3471 (located along the Chiniak Road and generally
containing the Chiniak Post Office at Mile 34.9) from RR1--Rural
Residential One to B--Business in accordance with Chapter 17.72
(Amendments and (1anges) of the Borough Code. Specific
dimensions of the one acre parcel will be determined by a
preliminary plat. (William G. Crawley)
BOB PEDERSON indicated 75 public hearing notices were mailed for
this case and 5 were returned, 3 in favor, 1 opposing this
request, and one with questions about the request. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
WILLIAM CRAWLEY appeared before the Commission to answer any
questions and expressed support for this request.
A discussion ensued amongst the Commissioners, Mr. Crawley and
Community Development Department staff.
BETTY REID appeared before the Commission and expressed
opposition to this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER ANDERSON MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of a 1 acre Portion of Lot
1, U.S. Survey 3471 (located along the Chiniak Highway and
generally containing the Chiniak Post Office at Mile 34.9) from
RR1 to B--Business 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. Specific dimensions
of the one acre parcel will be determined by a preliminary plat.
The motion was seconded.
A discussion ensued amongst the Commissioners, Mr. Crawley and
Community Development Department staff.
The question was called and the motion FAILED by a tie vote.
Commissioners Smedley, Heinrichs and Knudsen voted "no."
A discussion ensued amongst the Commissioners and Community
Development Department staff.
P & Z MINUTES KIBS226099 7
OCTOBER 15, 1986
COMMISSIONER HEINRICHS MOVED TO RECONSIDER THE PREVIOUS MOTION.
The motion was seconded and CARRIED by unanimous roll call vote.
A discussion ensued amongst the Commissioners, Engineering
Department staff and Community Development Department staff.
The question was called and the motion FAILED by a tie vote.
Commissioners Heinrichs and Knudsen voted "no;" Commissioner
r Smedley abstained as the portion to be rezoned was not
specifically defined.
The Commission deferred the findings of fact to the end of the
meeting.
F) CASE S-86-030. Vacation of a Portion of a Right -of -Way for
Roadway and Utilities along the lot line between Lots 4 and 5,
U.S. Survey 3100 (Spruce Cape Road). (William Wolkoff)
DAVE CROWE indicated 49 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:
HELEN WOLKOFF 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
S-86-030: Vacation of a Portion of a Right -of -Way for Roadway
and Utilities along the lot line between Lots 4 and 5, U.S.
Survey 3100, subject to the conditions outlined in the memorandum
from the Borough Engineer dated September 29, 1986. The motion
was seconded and CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL
1. Make the following corrections to the names under the
Ownership Affidavit and Notary's Acknowledgment:
Donald D. Erdman
William Wolkoff, Sr.
G) CASE S-86-031. Subdivision of Lot 5, Block 1, Miller Point
Alaska Subdivision to Lots 5A, 5B and 5C; and Vacation of a
20-foot-wide Electrical Easement through the property (Balika
Lane). (Michael W. Anderson)
DAVE CROWE indicated 71 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 KNIGHT excused COMMISSIONER ANDERSON.
Regular Session Closed.
Public Hearing Opened:
MIKE ANDERSON appeared before the Commission and expressed
support for this request.
A discussion ensued amongst the Commissioners, Mr. Anderson and
Community Development Department staff.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT final approval of Case
S-86-031: Subdivision of Lot 5, Block 1, Miller Point Alaska
P & Z MINUTES KIBS226089 8 OCTOBER 15, 1986
Subdivision to Lots 5A, 5B and 5C; and Vacation of a 20-foot-wide
Electrical Easement through the property, subject to the
conditions outlined in the memorandum from the Borough Engineer
dated September 30, 1986. The motion was seconded and CARRIED by
unanimous roll call vote.
CONDITIONS OF APPROVAL
P-1 1. Place the following note on the final plat: "Natural
streams and drainage courses shall not be blocked or
impeded."
2. That a five -foot -wide electrical easement be provided along
the Balika Lane right-of-way.
COMMISSIONER ANDERSON returned to the Planning and Zoning
Commission.
H) CASE 84-095. Request for removal of the condition of approval of
a previously approved variance that permitted a zero -lot -line
dwelling to be constructed on a lot that exceeds the 3 to 1 lot
depth to width ratio. The condition of approval specified that
"the cutting of trees is prohibited within forty (40) feet of the
seventy-six (76) foot rear yard lot line common with Lot 6."
Located on Lots 8A and 8B, Block 4, Elderberry Heights 4th
Addition; 1620 Lynden Way. (Lawson/Owen/Shuckerow)
BOB PEDERSON indicated 51 public hearing notices were mailed for
this case and 3 were returned, 1 in favor, 1 opposing and 1 with
comments about this request. Staff made no recommendation on
this request.
r Regular Session Closed.
Public Hearing Opened:
PEGGY LAWSON appeared before the Commission and expressed support
for this request.
A discussion ensued amongst the Commissioners and Ms. Lawson.
KATHRYN OWEN appeared before the Commission and expressed support
for this request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO REMOVE the condition of approval
for Case 84-095 that prohibited the cutting of trees within forty
(40) feet of the rear lot line that is common with Lot 6, Block
3, Russell Estates Subdivision Second Addition. The trees are
located on Lots 8A and 8B, Block 4, Elderberry Heights Fourth
Addition. The motion was seconded.
A discussion ensued amongst the Commissioners, Community
Development Department staff and Dutch Lawson.
The question was called and CARRIED by unanimous roll call vote.
COMMISSIONER HEINRICHS MOVED TO ADOPT the following findings of
fact:
FINDINGS OF FACT
1. Removal of the condition reduces the risk to the public's
health, safety and welfare.
2. The original condition was unenforceable.
3. The greenbelt ought to have extended over a larger area to
be effective.
The motion was seconded and CARRIED by unanimous roll call vote.
P & Z MINUTES KIBS226090 9 OCTOBER 15, 1986
VII. OLD BUSINESS
A) CASE S-85-019. Vacation of a Portion of Lots 4 and 8, Block 5,
Miller Point Alaska Subdivision and replat to Lots 8A and 8B
(Cliffside Road and Rezanof Drive East). (Leroy Cossette)
COMMISSIONER ANDERSON MOVED TO GRANT final approval of Case
5-85-019: Vacation of a Portion of Lots 4 and 8, Block 5, Miller
Point Alaska Subdivision and replat to Lots 8A and 8B, subject to
the conditions outlined in the memorandum from the Borough
Engineer dated September 29, 1986. The motion was seconded and
CARRIED by unanimous roll call vote.
CONDITIONS OF APPROVAL
1. That the applicant construct driveway access to Lot 8A
entirely within the boundary of Lot 8A.
2. That the basis of bearing be shown on the plat.
3. That the applicant provide proof of ownership of the portion
of Lot 4.
4. That the legal description of the property being subdivided
be shown.
B) CASE S-86-005. Subdivision of Lot 4, Block 5, Miller Point
Alaska Subdivision First Addition to Lots 4A, 4B and 4C (Eider
Street and Neva Way). (Burton and Anna Parker)
COMMISSIONER MOVED TO GRANT final approval of Case S-86-005:
Subdivision of Lot 4, Block 5, Miller Point Alaska Subdivision
r First Addition to Lots 4A, 4B and 4C, subject to compliance with
all remaining conditions of preliminary approval. The motion was
seconded and CARRIED by unanimous roll call vote.
C) CASE S-86-021. Subdivision of Lot 3A, Block 6, Miller Point
Alaska Subdivision First Addition to Lots 3A-1 and 3A-2 (Lilly
Drive). (Michael W. Anderson)
COMMISSIONER ANDERSON requested to be excused due to a conflict
of interest. COMMISSIONER KNIGHT excused COMMISSIONER ANDERSON.
COMMISSIONER HEINRICHS MOVED TO GRANT final 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
conditions outlined in the memorandum from the Borough Engineer
dated September 29, 1986. The motion was seconded and CARRIED by
unanimous roll call vote.
CONDITIONS OF APPROVAL
1. Change the name under the Ownership Affidavit and Notary's
Acknowledgment to Michael W. Anderson.
2. Show the basis of bearing on the plat.
r— COMMISSIONER ANDERSON returned to the Planning and Zoning
Commission.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER ANDERSON MOVED TO ACKNOWLEDGE RECEIPT of the item of
communication. The motion was seconded and CARRIED by unanimous voice
vote.
A)
Administrative interpretation and definition of "Bed and
Breakfasts" as a Home Occupation.
P & Z MINUTES KIBS226091 10 OCTOBER 15, 1986
X. REPORTS
A) Status Report from the Community Development Department.
B) CASE 86-076. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit the storage,
repair and sales of commercial fishing nets and net supplies in a
R1--Single-Family Residential Zoning District. Lot 5C, U.S.
Survey 3099; 2552 Rezanof Drive East. (Steven Patterson/Shari
Wick)
COMMISSIONER KNUDSEN MOVED TO ADOPT the following findings of
fact for Case 86-076:
1. The proposed use will (A) tend to endanger the public's
health, safety or general welfare, (B) produce results
inconsistent with the general purposes and intent of this
title and (C) adversely impact other properties or uses in
the neighborhood.
A. The proposed use will be detrimental to the public's
health, safety or general welfare because of the
storage of large commercial fishing gear in a
residential neighborhood.
B. Granting of the exception for a nonresidential use is
generally inconsistent with the purposes and intent of
Title 17 and with the specific description and intent
of Chapter 17.18, the R1--Single-Family Residential
Zoning District. Specifically Section 17.18.010(B),
which states:
r "To prohibit commercial and industrial land uses and
any other use of the land which would interfere with
the development or continuation of single-family
dwellings in the district."
C. The proposed use does appear as if it will adversely
impact other properties in the area. This is evidenced
by the majority of the public hearing notices received
objecting to the request.
The motion was seconded and CARRIED by majority roll call
vote. Commissioner Anderson voted "no."
C) CASE 86-077. Request for the rezoning of a 1-acre Portion of Lot
1, U.S. Survey 3471 (located along the Chiniak Road and generally
containing the Chiniak Post Office at Mile 34.9) from RR1--Rural
Residential One to B--Business in accordance with Chapter 17.72
(Amendments and Changes) of the Borough Code. Specific
dimensions of the one acre parcel will be determined by a
preliminary plat. (William G. Crawley)
COMMISSIONER KNUDSEN MOVED TO ADOPT the following findings of
fact for Case 86-077:
1. Findings as to the Need and Justification for a Change or
r— Amendment.
The size of the area in question may have been in
appropriately small in order to meet health and sanitation
requirements. In addition, the rezone area was not
specifically identified.
2. Findings as to the Ef
on the Obiectives of
or Amendment would have
.__ Di __
The proposed B--Business Zoning District is not consistent
with the current Chiniak land use.
The motion was seconded and CARRIED by majority roll call vote.
Commissioners Anderson and Thompson voted "no."
P & Z MINUTES KIBS226092 11
OCTOBER 15, 1986
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
XIII. ADJOURNMENT
r VICE CHAIRMAN KNIGHT adjourned the meeting at 10:31 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
r—
By:
teve Rennell, Chairman
ATTEST
By: f
Patricia Miley, S cretary
Community Develo ent Department
DATE APPROVED: AJo✓EMJkn /91 198'4
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226093
P & Z MINUTES 12 OCTOBER 15, 1986