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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