1986-12-17 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - DECEMBER 17, 1986
I. CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:30 p.m, by Chairman Steve Rennell on December 17, 1986
in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present:
Steve Rennell, Chairman
Robin Heinrichs
Marlin Knight
Mary Lou Knudsen
D.L. Smedley
Commissioners Absent:
Mike Anderson, Excused
Scott Thompson, Excused
A quorum was established.
III. APPROVAL OF AGENDA
Others Present:
Bob Pederson, Associate Planner,
Community Development Department
Patricia Miley, Secretary,
Community Development Department
Others Absent:
Linda Freed, Director,
Community Development Department
Staff indicated the following addition to the agenda:
IX COMMUNICATIONS
B) Alaska Maritime National Wildlife Refuge Plan -It for
Alternatives Development News - October 1986
COMMISSIONER KNIGHT MOVED TO ACCEPT the agenda with the addition
above. The motion was seconded and CARRIED by unanimous voice vote.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the November 19,
1986 Planning and Zoning Commission regular meeting 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 the addition
of a plat restriction on Block 1, Lakeside Subdivision First
Addition, Plat No. 86-1. The plat restriction will place a
"greenbelt" designation down the middle of the block (across the
rear of Lots lA through 16B). Block 1, Lakeside Subdivision
First Addition; 2215 through 2369 Beaver Lake Drive and 2268
through 2388 Beaver Lake Loop Road. (Kodiak Island Housing
Authority)
COMMISSIONER KNIGHT requested to be excused due to a conflict of
interest. COMMISSIONER RENNELL excused COMMISSIONER KNIGHT.
BOB PEDERSON reported that neither the Engineering Department nor
the Community Development Department had objections to this
request.
A discussion ensued amongst the Commissioners and Mr. Knight.
COMMISSIONER HEINRICHS MOVED TO AMEND Plat No. 86-1 to add a
third note stating "All trees located in the Tree Preservation
P & Z MINUTES
KIBS226112
1
DECEMBER 17, 1986
Area are to be preserved. Grantor, Kodiak Island Housing
Authority, shall have the exclusive right to remove or trim trees
as it deems necessary or appropriate." Block 1, Lakeside
Subdivision First Addition. The motion was seconded and CARRIED
by unanimous roll call vote.
COMMISSIONER KNIGHT returned to the Planning and Zoning Commission.
P. There were no further appearance requests or audience comments.
r
VI. PUBLIC HEARINGS
A) 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 in both November and December. In November none were
returned and in December 2 were returned, 1 from the V.F.W. and 1
opposing this request. Staff recommended approval of this
request with conditions.
Regular Session Closed.
Public Hearing Opened:
JIM GRAHAM, Kodiak Island Sportsman's Association Board Member,
appeared before the Commission and expressed support for this
request.
CHAIRMAN RENNELL read a letter dated December 12, 1986 from
George A. Pikus of the V.F.W. into the record.
A discussion ensued amongst the Commissioners and Mr. Graham.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT A request for an exception
to Section 17.03.060 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 at the VFW site on
Tract A, Alaska Division of Lands Survey (ADL) 36049, subject to
the conditions of approval outlined in the staff report dated
November 9, 1986, and to adopt the findings contained in the
staff report as "Findings of Fact" for this case.
CONDITIONS OF APPROVAL
1. The technical aspects of the rock extraction (slopes,
quantities, provisions for berms, drainage, etc.) will be in
substantial compliance with the submitted application
materials and plans.
r 2. The extraction will, at a minimum, occur in 100 meter
increments to minimize the timeframes in which drilling,
blasting, hauling, etc., occur. This means that 100 meters
will be extracted and berms constructed within one
construction season (three months) from beginning the work.
3. The boundaries of ADL 36049 will be posted to warn hikers
and boaters of the presence of the rifle range.
4. Disposition of the trees in the excavation area will be
determined by the Borough's Resource Manager.
h : 1#1011F91
P & Z MINUTES 2 DECEMBER 17, 1986
5. Dispositions of the rock extracted will be determined by the
Borough's Resource Manager.
6. The range design will incorporate a baffle system to
minimize safety concerns and potential impacts on
surrounding properties.
The motion was seconded.
A discussion ensued amongst the Commissioners with input from
Community Development Department staff.
COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding two
(2) conditions:
7. A survey of the boundaries of the sub -lease to the Kodiak
Island Sportsman's Association shall be performed prior to
any work being done.
8. The Commission will review the conditions of approval in
three years for compliance.
The amendment was seconded and CARRIED by unanimous roll call
vote.
The question was called and the MAIN MOTION AS AMENDED 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)
r� 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 result in a net
benefit to the public's health, safety or general
welfare, primarily because of the orientation of the
existing range. There are, however, aspects of rock
extraction that have the potential to detract from the
public safety or general welfare if not carefully
managed or mitigated in some fashion.
With the current range orientation, residences are
located approximately 4,000 feet down range from the
target line. This situation clearly presents public
safety concerns because the target line is uphill from
the firing line and the distances bullets can travel.
Reorientation of the range 30 degrees to the northwest
will substantially alleviate this concern as will the
provision of berms that meet or exceed National Rifle
Association (NRA) recommended safety standards. Range
realignment will, however, result in the "ricochet
zone" area impacting adjoining property (the landfill
site) and the beach with the old ship. The ricochet
zone, as shown on the site plan, is considered adequate
r according to NRA information. This area could be
reduced through provision of berms or other techniques,
such as construction of a baffled range. A baffled
design substantially reduces ricochet and impact zones
and should be considered as a possible condition of
approval to mitigate safety concerns.
The range is located approximately three-quarters of a
mile away from the nearest residentially zoned area and
other land uses in the area are the sanitary landfill
site and undeveloped land. This physical separation
and location should permit rock extraction to take
place without undue disruption (blasting, noise, dust,
etc.) to adjoining properties. One exception to this
P & Z MINUTES j{jBS226114 3 DECEMBER 17, 1986
would be increased equipment and truck traffic along
Monashka Bay Road if the rock extracted is hauled off
the site. Whether the rock is hauled off the site or
not is an issue that will be addressed by the Borough
Resource Manager in his review of the appropriate use
and disposal of a Borough resource (gravel).
Staff has also reviewed the technical aspects of the
rock extraction that are governed by Chapter 70, UBC
and finds that the standards of the code are being met
or exceeded for all extraction activities. Information
developed by the NRA pertaining to safe rifle range
design has also been reviewed and it appears that these
guidelines are incorporated in the design and layout.
Based on the information above, it appears that the
proposed use will not endanger the public's health,
safety or general welfare.
B. The proposed use will be consistent with the general
purposes and intent of Title 17 and with the authority
and purpose of Chapter 17.65 (Exceptions). Exceptions
are provided for in the Borough Code to provide
consideration of land use activities that are not
permitted in certain zoning districts. In the case of
grading, this activity is specifically listed as
requiring an exception in the C--Conservation Zoning
District. In this instance, the request meets or
exceeds all technical requirements pertaining to
grading and therefore, the use is consistent with the
provisions of Title 17 that authorizes grading through
the exception process. In addition, the final product
that will result from the grading is a use that is
permitted in the C--Conservation Zoning District.
C. The proposed use, under appropriate restrictions or
conditions, will not adversely impact other properties
or uses in the area. As previously identified,
reorientation of the range will not leave the target
line in line with any down range residential
properties. This will be a major improvement over the
potential impacts of the existing range alignment.
Additional safety areas (impact zones and ricochet
zones calculated for a level open range) do fall on
adjoining properties (Monashka Bay and the landfill
site) but the degree to which impact and ricochet zones
could potentially impact other properties can be
substantially reduced through provision of berms,
possibly a baffled range design, and posting of the
site to notify hikers and boaters.
Potential impacts on adjoining properties from the
extraction activity will most probably be limited to
truck traffic along Monashka Bay Road. This impact
might be greatly reduced if the rock extracted is used
on the site or in conjunction with work at the sanitary
landfill site.
B) 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
KIBS226115
P & Z MINUTES 4 DECEMBER 17, 1986
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 in November and 2 were returned, in favor of this
request. Also, 60 public hearing notices were mailed for this
case in December and 5 were returned, 2 in favor and 2 opposing
this request. The fifth public hearing notice was opposed to
outdoor storage and in favor of the fence. Staff recommended
that the Commission (1) affirm the administrative decision;
(2) grant relief in the form of an exception with conditions; and
(3) grant approval of the variance request.
COMMISSIONER HEINRICHS stated that he owned an adjoining parcel
of land and requested the Commission determine if this was a
conflict of interest. The Commissioners decided unanimously that
no conflict existed.
COMMISSIONER HEINRICHS MOVED TO REMOVE CASE 86-081 FROM THE
TABLE. The motion was seconded and CARRIED by unanimous voice
vote.
Regular Session Closed.
Public Hearing Opened:
TUCK BONNEY appeared before the Commission and expressed
opposition to this request.
JIM FAVERO appeared before the Commission and expressed
opposition to this request. Mr. Favero submitted three (3)
public hearing notices stating opposition to this request from
himself, Raymond Cross and Thomas Thomson.
A discussion ensued amongst the Commissioners and Mr. Favero.
SCOTT ARNDT appeared before the Commission and expressed support
for the exception request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO AFFIRM the administrative decision
that the outdoor storage located on Tract C-1, U.S. Survey 1682
is an unlawful use of land. The motion was seconded and CARRIED
by unanimous roll call vote.
A discussion ensued amongst the Commissioners and it was
determined to hold another public hearing on the exception
request only.
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.
TUCK BONNEY appeared before the Commission and expressed
opposition to this request.
TERESA SKONBERG appeared before the Commission and expressed
opposition to this request.
SCOTT ARNDT appeared before the Commission and expressed support
for the exception request.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO TABLE THE EXCEPTION AND VARIANCE
REQUESTS UNTIL THE JANUARY 1987 REGULAR MEETING. The motion die
n
P & Z MINUTES 5
KIBS226116
DECEMBER 17, 1986
COMMISSIONER KNUDSEN MOVED TO GRANT A request for an exception
from Section 17.19.020 of the Borough Code to permit outdoor
storage on a lot in the R2--Two-Family Residential Zoning
District, subject to the following four (4) conditions of
approval and to adopt the findings contained in the staff report
dated November 6, 1986, as findings of fact for this case. Tract
C-1, U.S. Survey 1682.
CONDITIONS OF APPROVAL
1. All outdoor storage must be removed from the property by
April 17, 1988.
2. The outdoor storage shall be confined to the areas shown on
the site plan.
3. A view obscuring fence or other visual barrier approved by
the Planning and Zoning Commission shall be placed along the
front property line (Rezanof Drive) and along 240 feet of
the side property line (Puffin Drive) measured from the
front property line.
4. No hazardous materials may be stored on the property.
The motion was seconded.
A discussion ensued amongst the Commissioners.
COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding
the following condition: A natural vegetative barrier, 50 feet
in width, will be retained along the common boundary of Woodland
Acres Fifth Addition for the life of the exception. The
amendment was seconded and CARRIED by unanimous roll call vote.
/ The question was called and the MAIN MOTION AS AMENDED FAILED by
majority roll call vote. Commissioners Rennell, Knudsen, Knight
and Smedley voted "no."
A discussion ensued amongst the Commissioners.
COMMISSIONER HEINRICHS MOVED TO TABLE THE VARIANCE REQUEST until
the disposition of the exception request was known. The motion
was seconded and CARRIED by majority roll call vote.
Commissioner Smedley voted "no."
The Commission deferred findings of fact until the end of the
regular meeting.
C) CASE 86-084. Request for a conditional use permit in accordance
with Section 17.24.020 (Conditional Uses) of the Borough Code to
permit a dump or landfill site which will contain debris from
demolished buildings to locate in an Industrial Zoning District.
Block 3, Tract A, Bells Flats Alaska Subdivision; 224 Salmonberry
Drive. (Brechan Enterprises, Inc.)
BOB PEDERSON indicated 34 public hearing notices were mailed for
this case and 5 were returned, 4 opposing this request and 1
requesting the case be tabled. Staff recommended approval of
r--- this request.
Regular Session Closed.
Public Hearing Opened:
SEFF THRASHER, Chairman of the Womens Bay Community Council,
appeared before the Commission and requested this case be tabled
until more information was obtained pertaining to the request and
time to study the effects of granting such a request could be
determined.
A discussion ensued amongst the Commissioners and Mr. Thrasher.
GLENN MATHES appeared before the Commission and expressed
opposition to this request.
P & Z MINUTES j IBS226117 6 DECEMBER 17, 1986
A discussion ensued amongst the Commissioners and Mr. Mathes.
DALE RICE appeared before the Commission and expressed support
for cleaning up the existing debris on the site.
ROYAL LARGE appeared before the Commission and expressed support
for this request.
r A discussion ensued amongst the Commissioners and Mr. Large.
MIKE BRECHAN appeared before the Commission and expressed support
for this request along with an explanation of the history of the
site.
A discussion ensued amongst the Commissioners and Mr. Brechan.
SHERRY DOYLE appeared before the Commission and expressed
opposition to this request.
JACK DOYLE appeared before the Commission and expressed
opposition to this request. Mr. Doyle submitted a petition
containing seventy-five (75) signatures opposing this request.
RICHARD MADSEN appeared before the Commission and addressed what
sort of permit to grant. Mr. Madsen suggested conditions that
would prohibit incineration; require clean fill only, define a
list of materials that would be considered clean fill; and setup
of timeframes for backfilling. Mr. Madsen indicated he was in
favor of tabling this item until ADEC's recommendations were
known.
A discussion ensued amongst the Commissioners and Mr. Madsen.
P— BOB HALES, Production Manager for Brechan Enterprises in Womens
Bay, appeared before the Commission and detailed the events that
occurred in Womens Bay this past summer and the steps Brechan
Enterprises took to comply with ADEC's instructions.
r
JOEL WATTUM, a Monashka Bay resident, appeared before the
Commission and expressed concern with ADEC's ability to
effectively regulate requests such as this.
SCOTT ARNDT appeared before the Commission and expressed support
for this request.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners.
COMMISSIONER HEINRICHS MOVED TO TABLE a request for a conditional
use permit to permit a dump or landfill site containing debris
from demolished buildings to locate in an I --Industrial Zoning
District on Block 3, Tract A, Bells Flats Alaska Subdivision,
until a report or response is received from the Alaska Department
of Environmental Conservation. The motion was seconded and
CARRIED by majority roll call vote. Commissioner Knudsen voted
"no."
COMMISSIONER HEINRICHS stated that his intention was to
reschedule this case for another public hearing at such time as
ADEC's response was available.
CHAIRMAN RENNELL recessed the meeting for ten minutes.
CHAIRMAN RENNELL reconvened the meeting at 10:14 p.m.
D) CASE 86-085. Request for a variance from Section 17.17.040 (Area
Requirements) of the Borough Code to permit the creation of a lot
containing 14,551 square feet, that does not meet the minimum
area requirement of 20,000 square feet, in the RR1--Rural
Residential One Zoning District. Lot 9, U.S. Survey 3103; 3300
Peninsula Road. (Alex Oskolkoff)
P & Z MINUTES KIBS226118 7 DECEMBER 17, 1986
BOB PEDERSON indicated 36 public hearing notices were mailed for
this case and 1 was returned, opposing this request. Staff
recommended approval of this request with one condition.
COMMISSIONER HEINRICHS stated that he owned a parcel of land
within the notification area and requested the Commission
determine if this was a conflict of interest. The Commissioners
decided unanimously that no conflict existed.
r" Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance from
Section 17.17.040 of the Borough Code to permit the creation of a
lot containing 14,551 square feet that does not meet the minimum
area requirement of 20,000 square feet in the RR1--Rural
Residential One Zoning District for Lot 9, U.S. Survey 3103,
subject to the condition of approval contained in the staff
report dated December 4, 1986 and to adopt the findings contained
in the staff report as "Findings of Fact" for this case.
CONDITION OF APPROVAL
1. Proposed Lots 9A and 9B may not be further subdivided in the
future.
The motion was seconded.
r— COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by changing
the condition of approval to read "Proposed Lots 9A and 9B may
not be further subdivided in the future unless the water and
sewer systems and zoning regulations will permit such a
subdivision." The amendment was seconded and CARRIED by
unanimous roll call vote.
The question was called and the MAIN MOTION AS AMENDED CARRIED by
unanimous roll call vote.
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 unique physical condition applicable to the intended use
of development is the location of Peninsula Road. This
roadway creates a physical separation that would be the
natural and logical location to subdivide the parcel.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
r Strict application of the zoning ordinance would require
each lot to be a minimum of 20,000 square feet in area.
This is an unnecessary hardship when the existing road
creates a natural line of subdivision for the property.
Adherence to the 20,000 square foot requirement would
present a practical difficulty for proposed Lot 9B as nearly
one-third of the lot would be located on the opposite side
of the road from the house. This also presents practical
difficulties and might preclude dedication of Peninsula Road
through the lot.
KIBS226119
P & Z MINUTES 8 DECEMBER 17, 1986
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 provided proposed Lot 9A
is not further subdivided in the future. The sewer system
for this area was designed to accommodate only the
r--- subdivision of each lot into two lots and therefore, Lot 9A
should not be subdivided in the future. Granting of the
variance will not be detrimental to the public welfare as
two other lots in U.S. Survey 3103 (Lots 8 and 11) have been
similarly subdivided.
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 medium density residential development. The lot
sizes proposed create a low density of residential
development.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
Actions of the applicant have not caused the conditions from
which relief is being sought by a variance because the
applicant did not construct the road and the variance will
be decided prior to subdivision of the land.
6. That the granting of the variance will not permit a
r- prohibited land use in the district involved.
Residential uses are permitted in this zoning district.
E) CASE 86-086. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit a cold storage
freezer facility, for community residents, to locate in a
R1--Single-Family Residential Zoning District. Portion of Tract
B, U.S. Survey 4793, Old Harbor Townsite. (City of Old Harbor)
BOB PEDERSON indicated 5 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNIGHT MOVED TO GRANT A request for an exception
from Section 17.18.020 of the Borough Code to permit a cold
storage freezer facility for community residents to locate in a
r` R1--Single-Family Residential Zoning District on a Portion of
Tract B, U.S. Survey 4793, Old Harbor Townsite, and to adopt the
findings contained in the staff report dated December 4, 1986 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.
P & Z MINUTES KIBS226120 9 DECEMBER 17, 1986
A. It appears that the proposed use will not endanger the
public's health or safety and will enhance the public's
general welfare. All construction will be required to
be approved by the State Fire Marshall, thereby
protecting the public health and safety. A community
subsistence freezer facility will be a benefit to the
welfare of all Old Harbor residents.
r ' B. The proposed use will be consistent with the general
purposes and intent of Title 17 and with the authority
and purpose of Chapter 17.65 (Exceptions): Exceptions
are provided for in the Borough Code to provide
consideration of land uses that are not permitted in
certain zoning districts. Public buildings and
facilities are not permitted in the R1--Single-Family
Residential Zoning District. In this instance, public
buildings are currently located on adjoining portions
of the property and the location of the new city cold
storage freezer building has been agreed upon by the
Old Harbor City Council.
0--
C. The proposed use does not appear to adversely impact
other properties or uses in the area. The existing
public buildings have been compatible with surrounding
uses and the new structure will not have substantially
different use characteristics or impacts on the
surrounding area.
F) CASE 86-091. Request for an exception from Section 17.18.020
(Permitted Uses) of the Borough Code to permit a cold storage
freezer facility, for community residents, to locate in a
R1--Single-Family Residential Zoning District. Lot 7, Block 9,
Ouzinkie Townsite, U.S. Survey 4871. (City of Ouzinkie)
BOB PEDERSON indicated 42 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER HEINRICHS MOVED TO GRANT A request for an exception
from Section 17.18.020 of the Borough Code to permit a cold
storage freezer facility for community residents to locate in a
R1--Single-Family Residential Zoning District on a Portion of
Tract B, U.S. Survey 4871, Ouzinkie Townsite, and to adopt the
findings contained in the staff report dated December 4, 1986 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
r 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 or safety and will enhance the public's
general welfare. All construction will be required to
be approved by the State Fire Marshall, thereby
protecting the public health and safety. A community
subsistence freezer facility will be a benefit to the
welfare of all Ouzinkie residents.
P & Z MINUTES KIBS226121 10 DECEMBER 17, 1986
B. The proposed use will be consistent with the general
purposes and intent of Title 17 and with the authority
and purpose of Chapter 17.65 (Exceptions). Exceptions
are provided for in the Borough Code to provide
consideration of land uses that are not permitted in
certain zoning districts. Public buildings and
facilities are not permitted in the R1--Single-Family
Residential Zoning District. In this instance, public
buildings are currently located on adjoining portions
of the property and the location of the new city cold
storage freezer building has been agreed upon by the
Ouzinkie City Council.
C. The proposed use does not appear to adversely impact
other properties or uses in the area. The existing
public buildings on adjoining lots have been compatible
with surrounding uses and the new structure will not
have substantially different use characteristics or
impacts on the surrounding area. In addition, it
should be specifically noted that the proposed use is
consistent with the recently adopted (1984) Ouzinkie
Comprehensive Plan. The freezer facility is a public
facility that will serve community residents.
G) CASE 86-087. Request for a variance from Section 17.60.050
(Industrial District Signs) of the Borough Code to permit more
than one sign per business enterprise in an Industrial Zoning
District (two signs for the Safeway Store); and a
Request for a variance from Section 17.60.050(B)
(Industrial District Signs) of the Borough Code to permit a sign
to extend 24 feet 8 inches above the ground, instead of the
permitted 14 feet above the ground, in an Industrial Zoning
District. Tract S-4A-1, U.S. Survey 3218; 2685 Mill Bay Road.
►— (Safeway Stores, Inc.)
BOB PEDERSON indicated 24 public hearing notices were mailed for
this case and 1 was returned, in favor of this request. Staff
recommended approval of these requests.
Regular Session Closed.
Public Hearing Opened:
GIOVANNI TALLINO appeared before the Commission and expressed
concern with these requests.
A discussion ensued amongst the Commissioners, Community
Development Department staff and Mr. Tallino.
JIM STEVENSON, representing Safeway Stores, appeared before the
Commission and expressed support for these requests.
A discussion ensued amongst the Commissioners, Community
Development Department staff and Mr. Stevenson.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNIGHT MOVED TO GRANT A request for a variance in
r-- accordance with Section 17.60.050 of the Borough Code to permit a
sign for the Safeway Store to be 24 feet 8 inches above the
ground instead of the maximum permitted height of 14 feet on
Tract S-4A-1, U.S. Survey 3218 and to adopt findings 1B through
6B contained in the staff report dated December 4, 1986 as
"Findings of Fact" for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance in
accordance with Section 17.60.050 of the Borough Code to permit a
second sign advertising the Safeway Store in an I --Industrial
Zoning District on Tract S-4A-1, U.S. Survey 3218 and to adopt
findings 1A through 6A contained in the staff report dated
December 4, 1986 as "Findings of Fact" for this case. The motion
was seconded and CARRIED by unanimous roll call vote.
P & Z MINUTES KIBS226122 11 DECEMBER 17, 1986
0`
FINDINGS OF FACT
A. For the variance to the number of permitted signs.
B. For the variance to the maximum permitted sign height.
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
generally do not apply to other properties in the same land
use district.
A. The 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 grocery stores, which
usually have several signs identifying the business
name, the departments within the store and signs
advertising sale prices. In this case, it is notable
that the applicant is seeking the variance prior to
installation of the signs.
B. The exceptional condition applicable to the intended
development is the lack of consistency between the
I --Industrial Zoning District regulations and the
regulations for signs in the I --Industrial Zoning
District. While building heights are unrestricted in
I --Industrial Zoning Districts, signs are limited to a
height of 14 feet. In addition, there is a physical
circumstance created by these conflicting code
provisions because an industrial district property
owner could not locate a sign above 14 feet on a
building face when the building could exceed 14 feet in
height.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
A. Strict application of the zoning ordinance would only
allow one sign on the property. This is an unnecessary
hardship when many other businesses in Kodiak
(including all grocery stores) have more than one sign.
B. Strict application of the zoning ordinance would only
allow a maximum sign height of 14 feet. This is a
practical difficulty and unnecessary hardship when
buildings in the I --Industrial Zoning District have no
height restrictions and there are other signs in Kodiak
that exceed 14 feet in height located in I --Industrial
Zoning Districts (at least 16 signs along the
waterfront).
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health, safety and welfare.
A. 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 Mill Bay Road.
B. Granting of the variance will not be detrimental to the
public's health, safety or welfare. The sign will not
interfere with the city glide slope ordinance for the
municipal airport as it will be mounted flat against
the face of the building.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
A. Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan because signs are
customarily used to identify business establishments
and comprehensive plans do not generally address minor
developments such as signs.
P & Z MINUTES
K1BS226123 12 DECEMBER 17, 1986
5.
B. Granting of the variance will not be contrary to the
objectives of the Comprehensive Plan because signs are
customarily used to identify business establishments
and comprehensive plans do not generally address minor
developments such as signs.
tions or financial hardship from which relief is b
t by the variance.
A. 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 erection of the sign.
B. 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 erection of the sign.
6. That the granting of the variance will not permit a
urohibited land use in the district involved.
A. Signs are permitted in the Industrial Zoning District.
B. Signs are permitted in the Industrial Zoning District.
H) CASE 86-088. Request for a variance from Section 17.13.050
(Yards) of the Borough Code to permit a public facility (Karluk
Public Safety Building) to encroach 50 feet into the required 75
foot front yard setback and encroach 25 feet into the required 50
foot side yard setback in a Conservation Zoning District. Tract
C, Karluk Subdivision. (Kodiak Island Borough/Koniag, Inc.)
BOB PEDERSON indicated 9 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance in
accordance with Section 17.13.050 of the Borough Code to permit
the Karluk Public Safety Building to encroach 50 feet into the
required 75 foot front yard setback and 25 feet into the required
50 foot side yard setback in a C--Conservation Zoning District on
Tract C, Karluk Subdivision and to adopt the findings contained
in the staff report dated December 4, 1986 as "Findings of Fact"
for this case. The motion was seconded and CARRIED by unanimous
roll call vote.
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 unique physical condition applicable to the property and
intended use of development is the topography of the lot.
The intended use of development is to develop pedestrian
access to the facility from Karluk Avenue and vehicular
access of Nunaliak Street. Utilizing a 25 foot rather than
75 foot front yard setback of Karluk Avenue will result in a
shorter pedestrian ramp with a minimum change in grade (2
feet). Utilizing a 25 foot rather than a 50 foot side yard
setback will minimize the length of driveway construction.
P & Z MINUTES KIBS226124 13
DECEMBER 17, 1986
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
Strict application of the zoning ordinance would not allow
the structure to be sited as desired. This would result in
unnecessary hardships of the need for additional fill and
increased construction costs that will jeopardize building
the public safety facility within the available budget.
r Compliance with setbacks also presents the practical
difficulties of a longer driveway and a longer and steeper
pedestrian ramp.
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 this variance will not result in material damage
or prejudice to other properties in the area. Allowing the
structure to encroach into the front and side yard setbacks
will not interfere with safe traffic flow or set a precedent
for other properties in the area as others already generally
have greater setback encroachments than proposed for the
subject property.
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 Karluk Comprehensive Plan because the plan
does not address minor aspects of developments such as
building setbacks.
5. That actions of the applicant did not cause special
r- conditions or financial hardship from which relief is bein
sought by the variance.
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 building.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Public facilities are permitted in the C--Conservation
Zoning District.
I) CASE 86-089. Request for a conditional use permit in accordance
with Section 17.18.030 (Conditional Uses) of the Borough Code to
permit a classroom addition to the Larsen Bay School in a
R1--Single-Family Residential Zoning District; and a
Request for a variance from Section 17.18.050
(Yards) of the Borough Code to permit the Larsen Bay School
Addition to encroach 14 feet into the required 24 foot side yard
setback in a Rl--Single-Family Residential Zoning District.
Block 11, Tract A, Larsen Bay Townsite; U.S. Survey 4872.
(Kodiak Island Borough)
BOB PEDERSON indicated 35 public hearing notices were mailed for
r this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
KIBS226125
COMMISSIONER KNUDSEN MOVED TO GRANT A request for a conditional
use permit in accordance with Chapter 17.67 of the Borough Code
to permit an addition to the Larsen Bay School to locate in the
P & Z MINUTES 14 DECEMBER 17, 1986
R1--Single-Family Residential Zoning District on Block 11, Tract
A, U.S. Survey 4872 and to adopt the findings contained in the
staff report dated December 4, 1986 as "Findings of Fact" for
this case. The motion was seconded and CARRIED by unanimous roll
call vote.
FINDINGS OF FACT
r-- 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 area.
The addition is located in an area of public land uses
(school buildings and the community building). The addition
will be a continuation of this land use pattern and
consolidate rather than disperse school buildings on the
site. Although some minor rearrangement of facilities such
as fuel tanks will be required, the addition should
compliment the existing building. Parking and playground
areas will not be disturbed.
2. That the conditional use fulfills all other requirements of
this chapter pertaining to the conditional use in question.
The school addition will comply with all other requirements
of the R1--Single-Family Residential Zoning District
(provided a setback variance is granted) and will be
compatible with the existing public uses of the property.
The addition will comply with all setbacks once the proposed
land exchange and vacation and replat are accomplished.
3. That granting the conditional use permit will not be harmful
!— to the public health, safety, convenience and comfort.
The proposed use should not be harmful to the public health,
safety, convenience or comfort if requirements of the State
Fire Marshall are adhered to. Additionally, the addition is
being designed to meet all U.B.C. requirements.
4. That sufficient setbacks, lot area, buffers or other
safeguards are being provided to meet the conditions listed
in subsections A throueh C of this section.
Based on the attached site plan, it appears that sufficient
lot area, setbacks or buffers, relative to the scale of the
proposed structure and surrounding area, are being provided.
5. The proposed use or structure is located in a manner which
will maximize public benefits.
The proposed use and structure is located in a manner that
should maximize public benefits. The structure will be
located on a site that is currently devoted to public land
uses and structures. This location will consolidate rather
than disperse public facilities throughout the community.
In addition, the proposed use of this site is consistent
with the adopted 1984 Larsen Bay Comprehensive Plan.
COMMISSIONER KNUDSEN MOVED TO GRANT a variance in accordance with
Section 17.18.050 of the Borough Code to permit the Larsen Bay
School Addition to encroach 14 feet into the required 24 foot
side yard setback in a R1--Single-Family Residential Zoning
District on Block 11, Tract A, U.S. Survey 4872 and to adopt the
findings contained in the staff report dated December 4, 1986 as
"Findings of Fact" for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
KIBS226126
P & Z MINUTES 15 DECEMBER 17, 1986
FINDINGS OF FACT
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
eenerally do not aooly to other ArODerties in the same land
The exceptional physical conditions applicable to the
r intended use of development and the lot are the location of
the existing school and the proposed land exchange. An
existing structure to some extent will dictate the most
practical and cost efficient design for any future
additions. On the site in question, those factors indicate
that the location of the addition will necessitate a side
yard setback variance. However, the need for this variance
is only temporary if the proposed land exchange is
consummated. The land trade with the adjoining property, in
conjunction with a vacation and replat, will mean that the
addition will then comply with all setbacks for the lot.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
3.
4
5
Strict application of the zoning ordinance would require the
addition to be built in another location on the lot or
require that the land exchange and vacation and replat be
finalized prior to construction. These actions present
practical difficulties in awarding the contract and
beginning construction as soon as possible.
es or prejudice to
trimental to the o
s
mA
e
we
nor
Granting of this variance will not result in material damage
or prejudice to other properties in the area. Allowing the
addition to encroach into the side yard setback will not
interfere with safe traffic flow or access to and from the
property. Also, granting of the variance will not set a
precedent for other properties in Larsen Bay as others
already generally have greater setback encroachments than
proposed for the subject property.
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 public land uses. The construction of the addition
will not change the existing public use of the lot.
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 addition.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Schools are only a permitted land use in the
R1--Single-Family Residential Zoning District through a
conditional use permit process.
J) CASE 86-090. Request for the rezoning of Lots 2B through 11B and
a Portion of Lot 12 (lying adjacent to Lot 11B), U.S. Survey
3098, and Portions of U.S. Surveys 3467, 3468 and 3469,
comprising all properties surrounding and including the Kodiak
Municipal Airport that are currently zoned PL--Public Use Lands
P & Z MINUTES KIBS226127 16 DECEMBER 17, 1986
(excepting the greenbelt buffer strip; Lot 10, Block 2, Lakeside
Subdivision) from PL--Public Use Lands to I --Industrial in
accordance with Chapter 17.72 (Amendments and Changes) of the
Borough Code. Located around and including the Kodiak Municipal
Airport and bounded by Mill Bay Road, Von Scheele Way, Lakeside
Subdivision, Lots 2A through 11A and a Portion of Lot 12
(adjacent to Lot 11A), U.S. Survey 3098 and Tract A, U.S. Survey
3468. (Kodiak Island Borough)
r BOB PEDERSON indicated 84 public hearing notices were mailed for
!I this case and 3 were returned, in favor of this request. Staff
recommended approval of this request.
Regular Session Closed.
Public Hearing Opened:
ROLAN RUOSS, representing the Pilot's Association, appeared
before the Commission and requested that the airstrip remain
zoned Public Use Lands. (Lots 2B through 12B, U.S. Survey 3099
and a Portion of U.S. Surveys 3467 and 3469.)
A discussion ensued amongst the Commissioners, Community
Development Department staff and Mr. Ruoss.
HUGH WISNER appeared before the Commission and expressed
opposition to this request until safeguards for the runway are
established.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners and Community
r Development Department staff.
COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island
Borough Assembly approve the rezoning of Portions of Unsubdivided
U.S. Surveys 3467, 3468 and 3469 (as detailed on the attached
metes and bounds legal description, as revised to delete the
airstrip) from PL--Public Use Lands 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_
The proposed zoning change from PL--Public Use Lands to
I --Industrial is needed to bring the existing airport and
related land uses into conformance with the Kodiak Island
Borough Zoning Ordinance. The rezone to industrial is
justified because the I --Industrial Zoning District permits
land uses that should be compatible with existing and
potential land uses on surrounding properties zoned
I --Industrial, PL--Public Use Lands and B--Business, and not
be detrimental to safe and continued use of the City of
r Kodiak Municipal Airport. This is not the case with the
`I PL--Public Use Lands Zoning District, which has as one of
its intents "To prohibit residential, commercial and
industrial land uses and any other use of the land which
would interfere with the development or continuation of
public services in the district; and to encourage the
discontinuance of existing uses that are not permitted under
this chapter." Airports are only conditional uses in the
PL--Public Use Lands Zoning District while most of the uses
associated with airports are permitted in the I --Industrial
Zoning District.
KIBS226128
P & Z MINUTES 17 DECEMBER 17, 1986
2. Findings as to the Effect a Change or Amendment would have
on
ive Flan
The proposed I --Industrial Zoning District is consistent
with the Light Industrial designation for this area in the
Comprehensive Plan.
K) CASE 86-092. Request for review by the Planning and Zoning
ti Commission, in accordance with Section 18.20.030 of the Borough
Code, of the disposal by lease of 200 acres of Borough -owned land
in the Salonie Creek drainage to a nonprofit organization for
grazing and construction of an animal shelter. Portion of U.S.
Survey 2539. (Society for the Prevention of Cruelty to
Animals/Kodiak Island Borough)
BOB PEDERSON indicated 11 public hearing notices were mailed for
this case and 2 were returned, stating non -objection to this
request. The Resource Management Officer recommended tabling
this request until the January regular meeting.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO TABLE Resolution 86-06-R
recommending the Borough Assembly lease Borough -owned land not to
exceed two hundred (200) acres in the Salonie Creek drainage to
the Society for the Prevention of Cruelty to Animals, a nonprofit
organization, for grazing and construction of an animal shelter
until the January 21, 1987, regular meeting for another public
hearing. Portion of U.S. Survey 2539. The motion was seconded
and CARRIED by unanimous voice vote.
CHAIRMAN RENNELL recessed the meeting for ten minutes.
CHAIRMAN RENNELL reconvened the meeting at 10:50 p.m.
L) CASE 86-093. Request for review by the Planning and Zoning
Commission, in accordance with Section 18.80.020 of the Borough
Code, of a proposed exchange of Borough -owned land (Portion of
Block 11, Tract A, Larsen Bay Townsite) for land owned by the
City of Larsen Bay (Portion of Lot 5, Block 12, Tract A, Larsen
Bay Townsite) in order to construct the Larsen Bay School
Addition. (Kodiak Island Borough/City of Larsen Bay)
BOB PEDERSON indicated 37 public hearing notices were mailed for
this case and none were returned. Staff recommended approval of
this request.
Regular Session Closed.
Public Hearing Opened:
Seeing and hearing none.
Public Hearing Closed.
r' Regular Session Opened.
COMMISSIONER KNUDSEN MOVED TO ADOPT Resolution 86-07-R
recommending the Kodiak Island Borough Assembly exchange
Borough -owned land (Portion of Block 11, Tract A, Larsen Bay
Townsite) for land owned by the City of Larsen Bay (Portion of
Lot 5, Block 12, Tract A, Larsen Bay Townsite) in order to
construct the Larsen Bay School Addition. The motion was
seconded and CARRIED by unanimous roll call vote.
The Commission decided to work on Findings of Fact for Case 86-081
while awaiting the arrival of the Borough Engineer.
KIBS226129
P & Z MINUTES 18 DECEMBER 17, 1986
COMMISSIONER KNUDSEN MOVED TO ADOPT THE FOLLOWING 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 endanger the public's
health, safety or general welfare because commercial land
uses (e.g., outdoor storage) have the potential to detract
from the use of the land and adjoining properties for
residential purposes. This is evidenced by the complaints
already received regarding outdoor storage on this property
and public testimony against the storage.
B. The proposed use will be inconsistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.19, the R2--Two-Family
Residential Zoning District. Section 17.03.080 specifies
that uses not listed as a permitted uses are prohibited.
Outdoor storage is not listed as a permitted use in the R2
Zoning District. Moreover, the description and intent of
the R2 Zoning District (Section 17.19.010) specifies that
the intentions of this district are to encourage the
construction of single and two-family dwellings, to prohibit
commercial and industrial land uses which wodld interfere
with the development or continuation of single and
two-family dwellings in the district, and to encourage the
discontinuance of existing uses that are not permitted under
the provision of this chapter. The applicant's exception
request is not consistent with this description and intent
of the R2 Zoning District. The use is commercial and one
r— appropriate option is an investigation into a rezone of the
site to a classification that permits the land uses desired
by the applicant.
C. The proposed use could potentially have adverse impacts on
other properties in the area. In addition to the potential
land use conflicts between commercial and residential uses
(e.g., noise, traffic, hours of operation, etc.) granting
this exception will set a precedent for changing the
expected use and lifestyle (i.e., medium density, one and
two family residential) of the R2 Zoning District. This is
especially true given the existence of the topsoil screening
operation. This exception, if approved, will be the second
commercial use of this land. This can give the impression
that the intended future use of this tract is commercial
rather than residential. If this is the case, the rezoning
of this property should be investigated at some point.
D. The applicant has failed to prove that this residential lot
warrants an exception to the Borough Code.
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER KNIGHT MOVED TO EXTEND THE MEETING BEYOND THE 11:00 P.M.
CURFEW. The motion was seconded and CARRIED by unanimous voice vote.
M) CASE 5-86-032. Preliminary vacation of Lots 16, 18B-1 and 19A,
Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A,
18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision. (Ken
Manolovitz)
DAVE CROWE indicated 70 public hearing notices were mailed for
this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
KIBS22600
BEN HANCOCK, representing adjoining property owners, appeared
before the Commission and requested an access easement or
right-of-way be placed on the plat.
P & Z MINUTES 19 DECEMBER 17, 1986
r--
DALE RICE appeared before the Commission and expressed support
for Mr. Hancock's request.
Public Hearing Closed.
Regular Session Opened.
A discussion ensued amongst the Commissioners, Community
Development Department staff, Engineering Department staff and
Mr. Hancock.
COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL of
CASE S-86-032: Preliminary vacation of Lots 16, 18B-1 and 19A,
Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A,
18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision subject
to the conditions in the memorandum from the Borough Engineer
dated December 91 1986. The motion was seconded.
COMMISSIONER KNIGHT MOVED TO AMEND THE MAIN MOTION by adding a 50
Toot access easement along the existing driveway. The amendment
was seconded and CARRIED by majority roll call vote.
Commissioners Heinrichs and Rennell voted "no."
The question was called and the MAIN MOTION AS AMENDED FAILED by
majority roll call vote. Commissioners Smedley, Heinrichs and
Rennell voted "no."
COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL of
CASE S-86-032: Preliminary vacation of Lots 16, 18B-1 and 19A,
Block 7, Bells Flats Alaska Subdivision and replat to Lots 16A,
18B-1A and 19A-1, Block 7, Bells Flats Alaska Subdivision subject
to the conditions in the memorandum from the Borough Engineer
dated December 91 1986. The motion was seconded and CARRIED by
majority roll call vote. Commissioner Smedley voted "no."
CONDITIONS OF APPROVAL:
1. That a note be placed on the final plat stating: "Natural
streams and drainage courses shall not be blocked or
impeded."
2. Filing of this plat shall be subject to the prior filing of
the plat for the subdivision of Lot 18B, Block 7, Bells
Flats Alaska Subdivision.
3. Show existing easements on the final plat.
4. Show the existing building setback line for Lot 19A on the
final plat.
VII. OLD BUSINESS
There was no old business.
VIII. NEW BUSINESS
There was no new business.
IX. COMMUNICATIONS
COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT OF THE ITEMS OF
COMMUNICATION AND REPORTS. The motion was seconded and CARRIED by
unanimous voice vote.
A) An article entitled "Where do you find the findings?" by R.
Marlin Smith.
B) Alaska Maritime National Wildlife Refuge Plan -It for Alternatives
Development News - October 1986
X. REPORTS KIBS226131
A) Status Report from the Community Development Department.
P & Z MINUTES
20 DECEMBER 17, 1986
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONER SMEDLEY requested that Communications Item A, an article
entitled "Where do you find the findings?" by R. Marlin Smith be added
r to the January 7, 1987 worksession agenda.
XIII. ADJOURNMENT
CHAIRMAN RENNELL adjourned the meeting at 12:05 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:ilit..1/.'
S'tev J ennell, aCh
ATTEST
By:
Patricia Mi Secretary
Community De lopment Department
DATE APPROVED: J 1)2! a I 198�
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS226132
P & Z MINUTES 21 DECEMBER 17, 1986
KODIAK ISLAND BOROUGH
RESOLUTION NO. 86-07-R
A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING
COMMISSION RECOMMENDING THE EXCHANGE OF BOROUGH PROPERTY TO ACQUIRE LAND FOR
THE LARSEN BAY SCHOOL ADDITION.
WHEREAS, the Borough has entered into negotiations to acquire lands
adjacent to the Larsen Bay School for construction of a proposed classroom
expansion, ands.
WHEREAS, the Borough is offering publically own land in Larsen Bay
in exchange for said parcel; and
WHEREAS, the exchange of real property is in the public's best
interest as the land to be acquired is critical for public facility expansion;
and
WHEREAS, a method for determining values of the properties to be
exchanged has been provided by the Borough Assessor; and
WHEREAS, evidence of marketable titles of the parcels exist in the
property records of the Borough Assessors Office; and
WHEREAS, the recommended terms and conditions of the exchange are
based on a parcel for parcel transfer; and
WHEREAS, the Kodiak Island Borough will be responsible for
administrative costs and costs associated with surveying, platting and
recording; and
WHEREAS, alternatives considered in reviewing school expansion sites
were limited due to topography and associated costs.
NOW, THEREFORE, BE IT RESOLVED,, that the Kodiak Island Borough
Planning and Zoning Commission recommends approval of an exchange of Borough
owned land for the acquisition of land for school expansion in Larsen Bay.
PASSED AND APPROVED this /';m day of tktonlxi2. 1986.
ATTEST:
Community De a opment Director
II
KODIAK ISLAND BOROUGH PLANNING S
ZONING COMMISSION
BY
Planning? and Commission
Chairman
KIBS226133