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1986-11-19 Regular Meetingr-- r r I KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 19, 1986 CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m, by Chairman Steve Rennell on November 19, 1986 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Robin Heinrichs Marlin Knight Mary Lou Knudsen D.L. Smedley Scott Thompson Commissioners Absent: Mike Anderson, Excused A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Staff reported the following additions to the agenda: VIII NEW BUSINESS A) Memo from the Community Development Department, dated November 19, 1986, re: Investigation of a drainage plan for the Selief Lane area. IX COMMUNICATIONS E) Copy of a letter from Rowe D. Redick, Alaska Department of Transportation and Public Facilities, to Dave Crowe, dated November 5, 1986, re: Line of sight at Bay View Drive/Rezanof Drive East intersection; and a copy of the letter of response, Dave Crowe to Rowe D. Redick, dated November 13, 1986. COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda with the above additions. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER KNUDSEN MOVED TO ACCEPT the minutes of the Planning and Zoning Commission regular meeting of October 15, 1986 as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) Request for Planning and Zoning Commission review of an administrative determination that the Kodiak Island Borough will not pursue enforcement or request removal of a third dwelling unit in a structure located on a lot zoned R2--Two-Family Residential. Lot 8, Block 32, East Addition; 1014 Rezanof Drive East. (Lola Harvey) A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HEINRICHS MOVED TO CONCUR WITH the administrative determination that the Kodiak Island Borough will not seek P & Z MINUTES KIBS226098 1 NOVEMBER 19, 1986 removal of or pursue enforcement action against the third dwelling unit in the structure located on a lot that is zoned R2--Two-Family Residential and to adopt the four findings of fact as outlined in the staff report. Lot 8, Block 32, East Addition. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. The property owner obtained a building permit and expended considerable funds, in reliance on the permit, to convert the structure into a triplex. 2. The property owner has been assessed as and paid utility charges on a triplex since 1982. 3. There is adequate parking onsite for the three units. 4. No substantial public purpose would be served in enforcement action against this property. B) Request for Planning and Zoning Commission review of 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. The applicant requests the option of constructing the units with only one side yard setback abated, thereby creating detached zero -lot -line units on Lots 2A through 10A with the unit on Lot 11A being a free standing unit. Lots 2A through 11A, Block 2, Alderwood Subdivision; 1314 through 1325 Mylark Lane. (Kodiak Properties, Inc.) COMMISSIONER KNUDSEN MOVED TO GRANT A request for optional design of eight (8) zero -lot -line structures that will have one side r yard setback abated and be constructed in a "detached zero -lot -line" concept and to adopt the findings outlined in the staff report dated November 10, 1986 as findings of fact for this case. Lots 2A through 9A, Block 2, Alderwood Subdivision. The motion was seconded. A discussion ensued amongst the Commissioners, Community Development Department staff and Toby Cook. The question was called and the motion CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. The optional detached zero -lot -line development concept is in keeping with the intent of the original variance granted to the applicant by the Commission on September 18, 1985. 2. There will be no change in use or density of development resulting from the optional development form. COMMISSIONER KNUDSEN MOVED TO GRANT A request for optional construction of two (2) zero -lot -line structures that will have one side yard setback abated and be constructed in a "detached zero -lot -line" concept. Lots 10A and 11A, Block 2, Alderwood r Subdivision. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Smedley, Knight, Thompson, Heinrichs, Knudsen and Rennell voted "no." COMMISSIONER KNUDSEN MOVED TO ADOPT the findings of fact contained in the staff report dated November 10, 1986. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. The proposed design for Lot 11A will not meet the intent of Chapter 17.34 of the Borough Code, nor the intent of the original variance granted to the applicant, because it will P & Z MINUTES KIBS226099 2 NOVEMBER 19, 1986 result in a detached single-family residence locating on a lot (Lot 11A) that fails to meet the 7,200 square foot minimum lot size for the R2--Two-Family Residential Zoning District. A discussion ensued amongst the Commissioners. C) CASE 5-85-023. Request for an extension of the preliminary subdivision approval period to June 17, 1987: subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots lA through 1E. (Margaret Pryor/Norman and Dorothy Holm) COMMISSIONER KNUDSEN MOVED TO GRANT AN EXTENSION of the preliminary subdivision approval period to June 17, 1987: subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision to Lots 1A through 1E. The motion was seconded and CARRIED by unanimous roll call vote. D) CASE S-85-047. Request for an extension of the preliminary subdivision approval period to October 21, 1987: subdivision of Tract D, Russian Creek Alaska Subdivision to Tracts D-1, D-2, D-3 and D-4. (Cy F. Hoen) COMMISSIONER KNUDSEN MOVED TO GRANT AN EXTENSION of the preliminary subdivision approval period to October 21, 1987: subdivision of Tract D, Russian Creek Alaska Subdivision to Tracts D-1, D-2, D-3 and D-4. The motion was seconded and CARRIED by unanimous roll call vote. There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 86-078. Request for a variance from Section 17.54.010 (A) and (C) (Height -Extension onto Public Property) of the Borough Code to permit a 4.7 foot fence to project into the Larch Street right-of-way in a R2--Two-Family Residential Zoning District. Lot 9, Block 1, Russell Estates Subdivision; 1517 Larch Street. (David A. Colwell) BOB PEDERSON indicated 31 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request subject to the four conditions outlined in the staff report. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNIGHT MOVED TO GRANT A request for a variance from Section 17.54.O1O(A) and (C) of the Borough Code to permit a 4.7 foot fence to project into the Larch Street right-of-way and retain a height of 4.7 feet in a R1--Single-Family Residential Zoning District, subject to the conditions of approval outlined r in the staff report dated November 4, 1986 and to adopt the findings contained in the staff report as "Findings of Fact" for this case. Lot 9, Block 1, Russell Estates. The motion was seconded and CARRIED by unanimous roll call vote. 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 P & Z MINUTES KIBS226100 3 NOVEMBER 19, 1986 any subsequent owner of Lot 9, Block 1, Russell Estates, agrees to remove same without cost to the City. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 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 of any height 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 maximum height of 4 feet in the front yard. This is an unnecessary hardship when many other fences (above or below 4 feet) 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 -of -way. rrights I 3. The granting of the variance will not result in material j damages or prejudice to other properties in the vicinity nor be detrimental to the public's health. safetv and welfare. A Granting of the variance will not be detrimental to the public's health, safety or welfare because the fence does not pose a line of sight problem along Larch 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 Granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 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 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. CASE 86-079. Request for the rezoning of Lots 2, 3A and 3B, Block 2 and Lots 1 and 2, Block 3, Miller Point Alaska P & Z MINUTES 4 KIBS226101 NOVEMBER 19, 1986 Subdivision from RR1--Rural Residential One to B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. Located at 4217 Otmeloi Way; 4673, 4785 and 4865 Rezanof Drive East; and 4462 Monashka Bay Road. (Lowenberg, Majdic and Red Samm, Inc.) BOB PEDERSON indicated 43 public hearing notices were mailed for this case and 3 were returned, opposing this request. Staff recommended approval of a portion of this request and denial of a portion of this request. Regular Session Closed. Public Hearing Opened: JULIUS MAJDIC appeared before the Commission and expressed support for the rezoning of Lots 3A and 3B, Block 2, Miller Point Alaska Subdivision. A discussion ensued amongst the Commissioners and Mr. Majdic. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND THAT the Kodiak Island Borough Assembly approve the rezoning of Lot 3B, Block 2 and Lots 1 and 2, Block 3, Miller Point Alaska Subdivision from RR1--Rural Residential One 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. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knight and Rennell voted "no." FINDINGS OF FACT 1. Findings as to the Need and Justification for a Change or Amendment. A rezone to business is justified because given the land characteristics, permitted business uses should be compatible with existing and permitted land uses on surrounding properties, be suitable for the land in question, and bring two lots into conformance with the zoning ordinance. The three lots in question also have adequate access and a safe line of sight. A rezone to business is also needed because the lots are generally not suitable for low density residential land use and are currently used for nonconforming commercial land use activities. Lastly, public water and sewer currently serve the lots or can be extended from the Rezanof/Otmeloi intersection. 2. Findings as to the Effect a Change or m A rezone to business will have no effect on the objectives of the Comprehensive Plan because the plan is essentially out-of-date for this area. The plan envisioned a large amount of medium -density residential development in the vicinity of the rezone area but only provided for business development in downtown Kodiak and along Mill Bay Road. C) CASE 86-080. Request for an exception pursuant to Section 17.03.060 (Building Permits) of the Borough Code to permit grading (rock extraction) in a C--Conservation Zoning District in order to realign and lengthen the existing rifle range located on Tract A, Alaska Division of Lands Survey 36049, commonly known as the V.F.W. site; located off Monashka Bay Road, approximately one mile past the Timberline Sawmill. (Kodiak Island Sportsman's Association/V.F.W./Kodiak Island Borough) BOB PEDERSON indicated 26 public hearing notices were mailed for this case and none were returned. Staff reported that the applicants requested that this case be tabled until the December 17, 1986 regular meeting. P & Z MINUTES KIBS226102 5 NOVEMBER 19, 1986 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO TABLE Case 86-080 until the r December 17, 1986 regular meeting for another public hearing. I The motion was seconded and CARRIED by unanimous voice vote. D) CASE 86-081. An appeal of an administrative decision in accordance with Section 17.68.020(B) (Appeals from Administrative Decisions) of the Borough Code of a decision ordering the discontinuation of an unlawful use of land (outdoor storage in a R2--Two-Family Residential Zoning District) and removal of all outdoor storage within thirty (30) days. The appellant is seeking relief in the form of an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit outdoor storage in the R2--Two-Family Residential Zoning District; and a Request for a variance from Section 17.54.010(A) (Height -Extension onto Public Property) of the Borough Code to permit a 6 foot fence to locate in a front yard in a R2--Two-Family Residential Zoning District (along Rezanof Drive East) on Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive East. (Michael W. Anderson) BOB PEDERSON indicated 60 public hearing notices were mailed for this case and 2 were returned, in favor of this request. Staff reported that the applicant requested that this case be tabled until the December 17, 1986 regular meeting. Regular Session Closed. Public Hearing Opened: JIM FAVERO appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. Favero, with input from the Community Development Department staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO TABLE Case 86-081 until the December 17, 1986 regular meeting for another public hearing. The motion was seconded and CARRIED by unanimous voice vote. E) CASE 86-083. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit four (4) sanitary landfill sites to locate in the C--Conservation Zoning District at the locations outlined below. The landfills will contain materials from former military installations that are being demolished under a Department of Defense Environmental Restoration program. Landfill sites are located at Sitkinak Island, Sections 3, 6 and 17, Township 42 South, Range 31 West, Seward Meridian; Long Island, Sections 5, 7 and 12, Township 28 South, Range 18 West, Seward Meridian; Miller Field (Chiniak Dump), Section 5, Township 30 South, Range 19 West, Seward Meridian; and off Anton Larsen Road just past the golf course, Section 6, Township 28 South, Range 20 West, Seward Meridian. (United States Army Corps of Engineers/Underwater Construction, Inc.) BOB PEDERSON indicated 9 public hearing notices were mailed for this case and 1 was returned by the U.S. Coast Guard (USCG), opposing a portion of this request. Staff recommended approval of this request. KIBS226103 P & Z MINUTES 6 NOVEMBER 19, 198b om— e- r.- Regular Session Closed. Public Hearing Opened: KATHRYN MCNALLY, an attorney for the USCG, appeared before the Commission and expressed opposition to the portion of this request that is located on property owned by the USCG. A discussion ensued amongst the Commissioners, LT. McNally and Community Development Department staff. GERRY NORTH, Corps of Engineers, appeared before the Commission and withdrew that portion of the request that is located on property owned by the USCG. A discussion ensued amongst the Commissioners, Mr. North and Community Development Department staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit three (3) sanitary landfill sites to locate in the Conservation Zoning District and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The three sites are located at: Sitkinak Island, Sections 3, 6 and 17, Township 42 South, Range 31 West, Seward Meridian; Long Island, Sections 5, 7 and 12, Township 28 South, Range 18 West, Seward Meridian; and Miller Field (Chiniak Dump), Section 5, Township 30 South, Range 19 West, Seward Meridian. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners, Community Development Department staff and Don Neet, Underwater Construction Company, regarding the Long Island dumpsite. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding areas. The cleanup of the debris, buildings, vehicles and other miscellaneous junk will result in the removal of hazardous materials off island, the elimination of unsightly, dilapidated and vandalized structures, the elimination of attractive nuisances, the preservation of historic structures, and generally leave the land in a condition that will allow for future development. All landfill sites are at least one mile from any residential uses, thereby eliminating potential land use conflicts. 2. That the conditional use fulfills all other reauirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the C--Conservation Zoning District such as minimum lot size. This occurs since the landfills will be located on large tracts of unsubdivided land that is in common ownership. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use will enhance rather than endanger the public's health, safety, convenience and comfort. As identified in number 1, any hazardous materials will be P & Z MINUTES KIBS226104 7 NOVEMBER 19, 1986 removed from the Kodiak Island Borough, dilapidated and possibly dangerous buildings will be eliminated and each landfill site will meet Alaska Department of Environmental Conservation (ADEC) regulations for sanitary landfills. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions in subsections A through C of this section. �. The proposed landfill areas are remote or located a good distance away from any nearby uses. Additional safeguards are being provided through provisions of the cleanup contract and ADEC regulations. These safeguards should be sufficient for this case. VII. OLD BUSINESS A) Administrative interpretation and definition of "Bed and Breakfasts" as a home occupation COMMISSIONER SMEDLEY discussed his objections to the administrative interpretation and definition of "Bed and Breakfasts" as a home occupation, as written, with the other Commissioners. COMMISSIONER SMEDLEY MOVED TO AMEND THE administrative interpretation and definition of "Bed and Breakfasts" as a home occupation to read, "a maximum of two adults and two children, 3 through 18 years of age, may occupy one room." The motion was seconded and FAILED by majority roll call vote. Commissioners Thompson, Heinrichs, Knudsen and Rennell voted "no." There was no further old business. VIII. NEW BUSINESS A) Memo from the Community Development Department, dated November 19, 1986, re: Investigation of a drainage plan for the Selief Lane area. LINDA FREED explained this matter to the Commission. A discussion ensued amongst the Commissioners and Ms. Freed. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly and the Kodiak City Council appoint an ad hoc planning committee to prepare a 'drainage plan' for the Selief Lane area. At a minimum the plan should include the drainage from the Lower Reservoir, Horseshoe Lake, and the ditch along Selief Lane. It is further recommended that the following interests, at a minimum, be represented on the ad hoc committee: property owners; a City Council representative; a Borough Assembly representative, a Planning and Zoning Commission representative; City staff (engineering), Borough staff (resource manager), Ducks Unlimited; ADF&G; and the Corps of Engineers. The Committee should produce a "product" in the form of a recommended drainage plan, that can be agreed to by all the interested parties, that will further the purposes of the plan: i 1, to improve the drainage and reduce water problems of the property owners along Selief Lane; 2, to improve the habitat and aesthetic value of the drainage for the benefit of the local neighborhood and the general community; and 3. to investigate how the drainage plan could tie into Borough development of parks and trails. The motion was seconded and CARRIED by unanimous voice vote. There was no further new business. KIBS226105 P & Z MINUTES 8 NOVEMBER 19, 1986 r IX. COMMUNICATIONS LINDA FREED reviewed the items of Communication. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A through E under Communications. The motion was seconded and CARRIED by unanimous voice vote. A) Copy of a letter to Mark White from Gordon Gould, Zoning Officer, dated October 15, 1986, re: Lot 3, Block 4, Mountain View Second Addition. B) Copy of a letter to the Planning and Zoning Commission from Richard Juelson, dated October 21, 1986, re: Appeal under Section 17.68.020(B). Copy of a letter to Richard Juelson from Gordon Gould, Zoning Officer, dated October 30, 1986, re: Lot 13C, U.S.S. 3100, Compliance Plan. C) Copy of a public notice from the U.S. Army Corps of Engineers, dated November 1, 1986, re: Identification No. SPN 86-5. The notice serves to clarify policy by which the Corps implements its responsibilities under Section 404 of the Clean Water Act in relation to the construction of access road and subdivision developments involving waters of the United States, including wetlands. D) Minutes of the following Chiniak Community Forum meetings: Comprehensive Plan Worksession - September 23, 1986 Board of Directors Special Meeting - September 13, 1986 Comprehensive Plan Worksession - August 12, 1986 Board of Directors Special Meeting - August 12, 1986 Partial Chiniak Community Questionnaire Results E) Copy of a letter from Rowe D. Redick, Alaska Department of Transportation and Public Facilities, to Dave Crowe, dated November 5, 1986, re: Line of sight at Bay View Drive/Rezanof Drive East intersection; and a copy of the letter of response, Dave Crowe to Rowe D. Redick, dated November 13, 1986. There were no further communications. X. REPORTS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF THE STATUS REPORT. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS KIBS226106 P & Z MINUTES 9 NOVEMBER 19, 1986 Y r-- XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 9:11 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By:-�� teve Rennell, Chairman ATTEST By: I """"" / '� Patricia Mil , Secretary Community Development Department DATE APPROVED: "��A tY m [-�, lge('o A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226107 I K-WAR' IRS004.1 10 NOVEMBER 19, 1986