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1984-08-06 Special MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION SPECIAL MEETING MINUTES AUGUST 6, 1984 I CALL TO ORDER The Special Meeting of August 6, 1984 was called to order by Chairman Gregg at 7:32 p.m. in the Borough Assembly Chambers, Kodiak, Alaska. II ROLL CALL Commissioners Present: Others Present: Ken Gregg, Chairman Linda Freed, Planning Director Virginia Crowe Marlin Knight Bud Cassidy, Assistant Planner/ Tim Hill Zoning Officer Dan James Steve Rennell Cathy Kester, Acting Secretary Commissioners Fred Patterson was absent and excused. III PUBLIC HEARING A) CASE 84-098. An appeal from an administrative decision in accordance with Section 17.68.020 of the Borough Code ordering the discontinuation of construction or other preparatory activity leading to an unlawful use of land or structure (17.75.010 A.3.); and A request for a variance from Section 17.36.070(C) of the Borough Code (Repairs and Maintenance) in order to provide relief from the administrative decision to permit the construction of a third -story addition that would increase the cubical content of a nonconforming structure. Lots 30 and 32, Block 19, Kodiak Townsite Alaska Subdivision. (Joe Perrozzi) Commissioner Hill asked for and was excused from sitting on the Commission due to a conflict of interest in Case 84-098. Staff had no additional information and no public hearing notices had been returned. CHAIRMAN GREGG closed the Special Meeting and opened the Public Hearing. MR JOE PERROZZI, applicant, spoke in favor of the request. Mr. Perrozzi outlined some of the sequence of events for the Commission. He noted that Mr. Tim Hill had shown him the house in September 1983. After seeing the house, he talked to the Borough Planning Department regarding the requirements for a third -story addition and was advised that as long as the addition was under the height limitation of 35 feet, he would not need a variance. Mr. Perrozzi then proceeded to buy the house and obtained a building permit to construct the addition. He discussed the addition with several of his neighbors, and although some were unhappy about it, they recog- nized his right to proceed with construction. Mr. Perrozzi felt staff's recommendation was "prejudiced" due to the fact that Commis- sioner Hill was the major complainant in the case. MR. TIM HILL, complainant, spoke against the request. At the time Mr. Perrozzi was looking into purchasing the home, Mr. Hill had advised Mr. Perrozzi that he would need a variance before making any additions to the house. He told Mr. Perrozzi that he was a Planning and Zoning Commissioner and because of the variance process and his position on the Commission he would be made aware of any additions to the structure. When Mr. Hill had been told by neighbors that Mr. Perrozzi was going to add another story onto the house, he didn't KIBS225560 believe it and didn't bother to ask Mr. Perrozzi if there was going to be an addition constructed since he knew a variance would be required. Later, when building materials were moved onto the lot, Mr. Hill asked staff to investigate whether or not Mr. Perrozzi had a building permit and could build an addition. After some investi- gation into the matter, Mr. Bud Cassidy (the zoning officer) con- tacted Mr. Perrozzi and advised him that there was a problem with the addition and the building permit Mr. Perrozzi had been issued. Mr. Hill later saw Mr. Perrozzi and also advised him that another addition would require a variance even though he had been issued the building permit and that someone in the Zoning Office had made a mistake. Construction continued on the addition and Mr. Hill kept the city and borough advised as to what was happening. Mr. Hill explained to the Commission that the way the house sits on the lot it did not meet most of the setbacks and also explained the characteristics of the surrounding neighborhood. Mr. Hill noted that six homes in the area would have their views damaged by the addition to Mr. Perrozzi's home, and the addition would affect the neighboring property values. Mr. Hill informed the Commission that the addition, which now blocked the view of his home, had caused him to lose the sale of his house. He was selling his house because his family was growing, he needed a larger home, and he realized that he would not be able to add on to his present home on Cope Street due to its nonconforming status. CHAIRMAN GREGG asked Mr. Perrozzi if the house was being used as a duplex and what the dimensions were of the two units. Mr. Perrozzi responded that the main level of the duplex was about 860 square feet and the efficiency unit was about 300 square feet. JULIE HILL, adjacent property owner, spoke against granting the request. Ms. Hill felt that part of the reason for a lack of response by the neighbors to the public hearing notice may be that many of the homes are occupied by renters who may feel they don't have a say in the issue because of their rental status. She had realized that the Perrozzi's intended to remodel the house in some manner, but was never informed by the Perrozzi's that they were going to put on a third -story addition. Ms. Hill had expected to hear through the Planning Department if any additions were going to be constructed because she knew the Perrozzi's would need a variance for this kind of construction. Ms. Hill stated that this issue was a "bureaucratic problem" created by the government (in issuing the building permit) and now both parties are suffering because of the error made. There being no further public testimony, CHAIRMAN GREGG closed the Public Hearing and reconvened the Special Meeting. Commissioner Knight commented that it was not necessarily the Planning and Zoning Commission's purpose to legislate "views" as had been recommended by staff as a finding of fact. Some discussion followed by the Commission as to how "view rights" related to this issue and whether it should be considered as one of the conditions for granting a variance. Other comments on the issue made by the Commission included protection of neighborhood properties from further infringement of nonconforming homes and the extent of improvements that should or could be made to nonconforming structures. COMMISSIONER RENNELL MOVED TO AFFIRM THE ZONING OFFICER'S ADMINISTRA- TIVE DECISION ordering the discontinuation of construction or other preparatory activity leading to an unlawful structure since building permit #5131 is null and void per Section 17.03.060 of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER CROWE MOVED TO ADOPT AS FINDINGS OF FACT: 1. Whereas, Section 17.36.070C, states "Repairs and Maintenance. On any nonconforming structure or on any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve consecutive months on ordinary repairs, or Special Meeting -2- KIBS225561 August 6, 1984 on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, provided that the cubical content of the building as it existed at the time of passage or amendment of the ordinance codified herein shall not be increased;" and 2. Whereas, Section 17.03.060C of Borough Code states that "any building permit issued in conflict with this title is null and void. " 3. Therefore, building permit #5131 is null and void, since it r' conflicts with Section 17.36.070C of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. Discussion followed by the Commission and Mr. Perrozzi as to working out some type of compromise in the granting of a variance for a new roof. COMMISSIONER RENNELL MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.36.070C of the Borough Code (Repairs and Maintenance) in order to provide relief from the administrative decision to permit the construction of a third -story addition that would increase the cubical content of a nonconforming structure. Lots 30 and 32, Block 19, K motion was voting YES. odiak Townsite Alaska Subdivision; 307 Cope Street. The seconded and FAILED with Commissioners James and Knight COMMISSIONER CROWE MOVED ADOPT AS FINDINGS OF FACT: 1. There are no exceptional physical circumstances evident to allow the variance request to be approved. 2. The impairment of view constitutes prejudice to adjoining properties, and other properties in the neighborhood would thus r be prejudiced by a granting of a variance for the construction of a third -story addition to the existing structure. The motion was seconded and CARRIED with Commissioner Knight voting NO. COMMISSIONER CROWE MOVED TO GRANT A VARIANCE from Section 17.36.070 line of the existing structure with a 4 to 12 roof pitch ratio. I motion was seconded and CARRIED with Commissioner James voting NO. COMMISSIONER CROWE MOVED TO ADOPT AS FINDINGS OF FACT: 1. General maintenance of the building, specifically the roof, requires replacement; not allowing a pitched roof would result in unnecessary hardship; 2) Granting the variance will improve the existing structure, and it is the purpose of the Planning Commission to encourage improvement of nonconforming structures that need repair; and 3) To provide some relief from the administrative decision of the Planning Department. The motion was seconded. Commissioner Knight asked that the findings of fact be further developed for the next meeting and Commissioner Crowe withdrew her motion. COMMISSIONER KNIGHT MOVED TO TABLE THE FINDINGS OF FACT until the regular Planning and Zoning Commission meeting on August 15, 1984. The motion was seconded and CARRIED by unanimous voice vote. Staff was then directed to develop findings of fact for the Commission to review and adopt at their next regular meeting. IV AUDIENCE COMMENTS KIBS225562 Mr. Perrozzi stated that the pitched roof did not satisfy his needs and that he would appeal the Commissioners' decision to the City Council. Mr. Perrozzi reiterated that he thought staff's Special Meeting -3- August 6, 1984 7 recommendation was "prejudiced" and that the Commission's decision was also "prejudiced" because the complainant in the case was a Planning and Zoning Commissioner. V ADJOURNMENT CHAIRMAN GREGG adjourned the special meeting at 9:05 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By Ken Gregg, Chairm#( ATTEST: Planning Secr tarty DATE: 8-1�;-Wq KIBS225563 Special Meeting -4- August 6, 1984