1984-11-21 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - November 21, 1984
7:30 p.m.
MINUTES
I CALL TO ORDER
r"' The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:35 p.m. by Chairman Gregg on November 21, 1984 in the
Borough Assembly Chambers.
II ROLL CALL
Commissioners Present:
Ken Gregg, Chairman
Fred Patterson
Steve Rennell
Tim Hill
Dan James
Marlin Knight
Mike Anderson
Others Present:
Linda Freed, Director
Community Development Department
Bud Cassidy, Assistant Planner/
Zoning Officer, Community
Development Department
Dave Crowe, Borough Engineer
Engineering Department
Patty Spencer, Secretary
Community Development Department
III APPROVAL OF AGENDA
COMMISSIONER JAMES MOVED TO APPROVE THE AGENDA. The motion was
seconded and CARRIED by unanimous voice vote.
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IV MINUTES OF PREVIOUS MEETINGS:
COMMISSIONER HILL MOVED TO ACCEPT the minutes of the October 17, 1984
Planning and Zoning Commission meeting. The motion was seconded and
CARRIED by unanimous voice vote.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) Request for an extension of preliminary subdivision approval:
Case S-84-050, Subdivision of Lot 3, Block 2, Bells Flats Alaska
Subdivision. (Roberta Lochman)
COMMISSIONER JAMES MOVED TO GRANT AN EXTENSION of preliminary
subdivision approval: Case S-84-050, Subdivision of Lot 3, Block 2,
Bells Flats Alaska Subdivision. The motion was seconded and CARRIED
by unanimous voice vote.
VI PUBLIC HEARINGS
A) CASE 84-122. Request for an exception from Section 17.21.020
(Permitted Uses) to permit a mobile home as an office/residence
on business -zoned property. Lot 11, Block 1, Russian Creek
Alaska Subdivision; generally known as Coles Trading Post. (Ted
Olafson)
No additional comments from Staff.
Regular Session closed:
Public Hearing opened:
ED GONDECK expressed concern about the amount of junk in the area.
Public Hearing closed:
Regular Session opened:
The Commissioners discussed the matter of disposing of the junk, along
with the condition of the existing trailers on the lot.
KIBS225597
following conditions:
1. The other trailers on the lot not be used for residential
nurooses•
2. That the junk on the lot be disposed of; and
3. That the Borough reserves the right to require a fence
a o o to rn Ininfc from residents in the Women
The motion was seconded and CARRIED with Commissioners Knight,
rRennell, and James voting no.
B) CASE 84-123. Request for a variance from Section 17.36.070C
(Existing Nonconforming Uses and Structures) to permit the
construction of a 10 x 25 foot kitchen addition to the rear of
the house and a variance from Section 17.18.050A (Front Yards) to
construct a covered porch that encroaches 8 feet into the
required 13.6 foot front yard setback of a nonconforming
structure. Lot 35, Block 5, Aleutian Homes Subdivision, 911
Hemlock. (Rosalina L. Molinit)
F—
Staff had no additional comments.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.36.070C
(Existing Nonconforming Uses and Structures) of the Borough Code to
permit the construction of a 10' x 25' kitchen addition to the rear of
the house. The motion was seconded and CARRIED by unanimous roll call
vote.
COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.18.050A
(Front Yards) and Section 17.36.070C (Existing Nonconforming Uses and
Structures) to permit the construction of a 6' x 12' entryway and that
fhp dpnfh he no ereater than existing porch. The motion was seconded
and
vote.
C) CASE 84-124. Request for an exception from Section 17.13.020
(Permitted Uses) and a variance from Section 17.13.050 (Yards) to
permit the construction of a community store as a second building
on a lot that does not meet setback requirements; located in the
C-Conservation district. (Karluk Village)
COMMISSIONER KNIGHT requested and was excused due to a possible
conflict of interest in this case.
Regular Session closed:
Public Hearing opened:
JERRY JONES explained how the building would meet setbacks. He also
presented the Commissioners with a petition signed by village
residents.
Ms. Freed recommended approval of the request with the structure
meeting the minimum setback requirements for Public Use Lands district
and any fire code requirements for minimum distance between buildings.
Public Hearing closed:
Regular Session opened:
COMMISSIONER PATTERSON MOVED TO GRANT AN EXCEPTION from Section
17.13.020 (Permitted Uses) and a variance from Section 17.13.050
(Yards) to permit the construction of a community store as a second
building on a lot that does not meet setback requirements located in
the C-Conservation district with the following conditions: that it
meets setback requirements for the Public Use Lands district and any
fire code requirements. The motion was seconded and CARRIED with
Commissioner Knight abstaining.
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Regular Meeting -2- November 21, 1984
D) CASE 84-125. Request for a variance from Section 17.19.040B
(Side Yards) to permit the construction of an attached garage
that encroaches 2 feet into the required 9 foot side yard
setback. Lot 8, Block 6, Woodland Acres Subdivision Fourth
Addition. (Ron Edwards)
COMMISSIONER HILL requested and was excused due to possible conflict
of interest.
Regular Session closed:
Public Hearing opened:
P` RON EDWARDS expressed that he was in favor of the variance.
Public Hearing closed:
Regular Session opened:
COMMISSIONER PATTERSON MOVED TO APPROVE A VARIANCE from Section
17 19 040B (Side Yards) of the Borough Code to permit the construction
of an attached garage that encroaches two feet into the required nine
foot setback. The motion was seconded and CARRIED with Commissioner
Rennell voting no and Commissioner Hill abstaining.
E) CASE 84-126. Request for a variance from Section 17.13.040 (Area
Requirements) to permit the creation of lots less than the
required five acre minimum in the Conservation zone, generally
located around Kodiak Island and formerly owned by D.M.C.
Properties -Del Monte. (Alagnak Associates)
Ms. Freed explained that there was additional correspondence; from the
Alaska Department of Fish and Game, Division of Commercial Fisheries,
one from the Alaska Department of Fish and Game, the FRED Division,
and a public hearing notice representing the Ahkiok Tribal Council,
the City Council of Ahkiok, and the Ahkiok Village Corporation, all
objecting to this request. Staff also received a call from a local
resident, Dick Rohrer who also said he strongly opposes the request.
r" Regular Session closed:
Public Hearing opened:
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BILL PINNELL, resident of Olga Bay, strongly expressed his opposition
to this request. He feels that the land should not be divided into
lots less than five acres.
ANN BARKER stated that she was also against the request. She
expressed her concerns about pollution, water access, and the affects
on our wildlife. She suggests that the Commissioners look very
closely at the objections raised by the Department of Fish and Game.
LONNIE WHITE concurred with the objections previously stated. He does
not feel that it is a good idea to subdivide into smaller tracts just
to give more people the opportunity to purchase land.
BILL BARKER spoke against the request. He feels that Alagnak
Associates' interest is not in Kodiak, but only in the maximum return
of their investment.
BILL PINNELL again expressed his objections, stating that anything
that hurts the fisheries will hurt the Borough.
Public Hearing closed:
Regular Session opened:
COMMISSIONER PATTERSON MOVED TO GRANT A VARIANCE from Section
17 13 040 (Area Requirements) to permit the creation of lots less than
the required five acre minimum in the Conservation zone generally
located around Kodiak Island. The motion was seconded and FAILED by
unanimous roll call vote.
Findings of Fact will be determined at the next regular meeting.
CHAIRMAN GREGG called for a five minute break. The meeting recessed
at 9:50 p.m. and reconvened at 9:57 p.m.
F) CASE 84-127. Request for a variance from Section 17.18.050A
Regular Meeting KIBS225599 -3- November 21, 1984
(Front Yards) to permit the construction of a covered porch that
encroaches 8 feet into the required 23 foot setback. Lot 18,
Block 6, Aleutian Homes Subdivision; 522 Thorsheim. (Florencio
and Lily Latonio)
Staff had no additional comments.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
r COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.18.050A
(Front Yards) and Section 17 36 070C (Existing Nonconforming Uses and
Structures) of the Borough Code to permit the construction of a
covered porch that encroaches 8 feet into the required 23 foot
setback. The motion was seconded and CARRIED with Commissioners James
and Rennell voting no.
G) CASE 84-128. Request for an exception from 17.17.020 (Permitted
Uses) to permit the removal of approximately 101,000 cubic yards
of gravel on an RR1-Rural Residential One lot; generally located
across from Bayside Fire Station and adjacent to an existing
gravel pit. Lot 3, Block 3, Miller Point Alaska Subdivision;
4087 Otmeloi Way. (Nick Goossen)
Regular Session closed:
Public Hearing opened:
ELAYNE HUNTER-RENNELL stated that she was opposed to commercial gravel
extraction in a residential neighborhood.
SCOTT ARNDT explained that he was in favor of the request. He stated
that the plan was very well thought out and it was one of the best
plans that could be developed for that particular lot.
DAN MACIAK expressed his objections to the removal of large amounts of
'— gravel to fit a house to the lot. He feels that a house should be
built to meet the terrain. He also explained that there are existing
gravel pits already in that area and that they are an eyesore.
TED GOOSSEN spoke in favor of the request. He felt that the plan was
reasonable and stated that this was not a gravel extraction venture
but a way to develop the property.
Public Hearing closed:
Regular Session opened:
There was further discussion by the Commission, agreeing that the plan
was good, but not necessarily good for this area considering the other
nearby existing gravel pits.
COMMISSIONER RENNELL MOVED TO TABLE CASE 84-128 a request for an
exception from 17 17 020 (Permitted Uses) of the Borough Code to
permit the removal of approximately 101,000 cubic yards of gravel on
an RR1-Rural Residential One lot. The motion was seconded and CARRIED
by unanimous voice vote.
H) CASE 84-129. Request for a variance from Section 17.18.050A
(Front Yards) and Section 17.36.070C (Existing Nonconforming Uses
and Structures) to permit the construction of an enclosed porch
that encroaches 6 feet into the required 20.5 foot setback onto a
r— nonconforming structure. Lot 29, Block 12, Aleutian Homes
Subdivision; 614 Willow Street. (Elizabeth Delos Santos)
No additional comments from Staff.
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed: KIBS225600
Regular Session opened:
MISSIONER HILL MOVED TO APPROVE A REQUEST from Section 17.18.050A
ont Yards) and Section 17 36 070C (Existing Nonconforming Uses an
„ctures) of the Borough Code to permit the construction of an
Regular Meeting -4- November 21, 1984
ed porch that encroaches 6 feet into the required 20.5 foot
ter,„Pr„re_ The motion was seconded and
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r-
CARRIED by unanimous roll call vote.
I) CASE 84-112. Proposed revisions to the Uniform Building Code
Chapter 70 (Excavation and Grading) and to Section 17.03.060
(Building Permits) to address the issue of "gravel extraction".
(Kodiak Island Borough)
Ms. Freed briefly explained the proposed ordinances, the memo and
recommendation from Staff, the subject of isolated lots, and grading
permits.
Regular Session closed:
Public Hearing opened:
DAN MACIAK agreed with Ms. Freed's discussion and staff's
recommendation.
ROBIN HEINRICHS feels that the guide lines set down for grading
permits are reasonable. He suggested that there are other areas in
Chapter 70 that could also be revised to be more applicable to Kodiak.
SCOTT ARNDT agreed with Mr. Heinrichs that there is both good and bad
to these revisions. He doesn't feel that there should be so much
control over another person's property. He expressed concerns about
the requirements for more permits and more reports.
ELAYNE HUNTER-RENNELL, as a resident and not a contractor, she feels
the allotments for driveways and parking areas more than generous.
She expressed concerns about grading within five feet of the property
line, the original twenty foot was more reasonable. She feels this is
detrimental to existing trees causing a possible loss when roots are
damaged due to grading. She stated that she was in favor of grading
permits.
Public Hearing closed:
Regular Session opened:
The Commissioners discussed the differences between Soil Engineer
Reports and Geologist Reports. Commissioner Anderson feels that since
soil samples would have to be sent out of town, a Geologist Report
would be too expensive and unnecessary in Kodiak. Other revisions of
the proposed ordinances were also discussed.
COMMISSIONER PATTERSON MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY
approve the proposed ordinance amending Chapter 70 (Excavation and
Grading) of the Uniform Building Code with the revisions outlined in
the Staff memo of November 13, 1984. The motion was seconded and
CARRIED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO RECOMMEND THAT THE BOROUGH ASSEMBLY
approve the proposed ordinance amending Chapter 17.03 (General
Provisions and Use Regulation) of the Borough Code to read as stated
on the copy stipulated as FINAL DRAFT with the following changes:
1. That the title of Section 17.03.060 be changed to Zoning
Compliance;
2. That the first sentence be changed to read, "Zoning
compliance is required for site grading (excavation and
fill) erection construction establishment, moving,
alteration enlargement repair, or conversion of any
building or structure in any district established by this
title subject to the following:";
3. That in Section A a comma be inserted after the parenthes
ending with code and after the word "site"; and
4. That the final sentence of Section A read "For purposes of
this title a building site means that area required for t
construction of any permitted structures in the district a
a parking area."
The motion was seconded and CARRIED by unanimous roll call vote.
J) CASE 84-130. Request to rezone Blocks 36 and 44, East Addition
in accordance with Chapter 17.72 (Amendments and Changes) from
Regular Meeting KIBS225601 -5- November 21, 1984
RI -Single -Family Residential to R2-Two-Family Residential.
(Planning and Zoning Commission)
Regular Session closed:
Public Hearing opened:
JACK BUNTING spoke in opposition of this case. He felt that there was
not enough density for duplexes.
Public Hearing closed:
Regular Session opened:
r COMMISSIONER JAMES MOVED TO GRANT A REQUEST TO REZONE Blocks 36 and
44 East Addition in accordance with Chapter 17.72 (Amendments and
Changes) from R1-Single-Family Residential to R2-Two-Family
Residential. The motion was seconded and FAILED by unanimous roll
call vote.
K) CASE 5-84-051. Preliminary Subdivision of Lot 2, Block 1, Bells
Flats Alaska Subdivision; to Lots 2A, 2B, 2C, and 2D. (Gary
Wilson)
Regular Session closed:
Public Hearing opened: NO COMMENTS
Public Hearing closed:
Regular Session opened:
COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL of the
subdivision of Lot 2, Block 1, Bells Flats Alaska Subdivision; to Lots
2A 2B 2C and 2D subject to the following conditions:
1. That signature lines be placed under the Ownership Affidavit
for both owners of record.
Gary K.Wilson
Darlene E. Wilson;
2. That a Notary's Acknowledgment be added for the second
owner, and that the owner's name be added to each's
Acknowledgement;
3. That the address of the applicant be shown in the Prepared
For section of the plat: P.O. Box 2297, Kodiak, AK 99615;
4. That the applicant obtain the required sanitary approval
from the Alaska Department of Environment Conservation;
5. That vicinity map details be added to the plat;
6. That 10-foot wide utility easements be provided along side
and rear lot lines of Lots 2A, 2B, and 2C;
7. That the applicant relocate the existing electrical service
to Lot 2A; and
8. That the existing driveway be relocated into the flagstem of
Lot 2D and constructed in accordance with Kodiak Island
The motion was seconded and CARRIED with Commissioner Knight voting
no.
VII OLD BUSINESS
A) CASE 84-108. Reconsideration of a request for a variance from
Section 17.36.070 (General Provisions), to permit an addition to
a nonconforming two-family dwelling on the east side that in-
creases the cubical content of the structure. Lots 30 and 32,
r - Block 19, Kodiak Townsite Subdivision. (Joe Perrozzi)
COMMISSIONER HILL requested and was excused due to a possible conflict of
interest in Case 84-108.
COMMISSIONER JAMES MOVED TO APPROVE AS FINDINGS OF FACT:
1. All the conditions in granting a variance as specif
17_66 (Variance) have been met. These include:
A. That there
conditions
:xceptional ph
icable to the
,umstances or
r to its intended use
Regular Meeting KIBS225602 November 21, 1984
other
use
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F
B. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
2.
3.
4.
The motion was seconded and CARRIED with Commissioners Anderson and
Hill abstaining.
B) CASE 83-133. Consideration of an appeal from an administrative
decision based on a decision by The Board of Adjustment on July
26, 1984 to vacate and remand the Planning and Zoning Com-
mission's decision for this case. Lot Pt. 18B, Block 2, Leite
Addition, 1515 Mission Road. (Rasmus Anderson)
rnMMTSSTONFR .TAMES MOVED TO ACKNOWLEDGE that there was a violation i
Case 83-133 but because of the circumstances involved, the zoning
ordinance should not be enforced. The motion was seconded and CARRIED
by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO ADOPT AS FINDINGS OF FACT:
1. Mr. Anderson's building is 18 feet in height;
2. The accessory building is 760 square feet;
3. The lot is 3,746 square feet in area;
4. Therefore, Mr. Anderson's structure violates KIBC 17.51.040 and
KIBC 17.51.050;
5. A building permit was issued to Mr. Rasmus Anderson to allow
_construction of an accessory building on his property on 6/b/83;
6. The building permit authorized the construction of a storage she
16'x25' a total of 400 square feet;
7. The actual building constructed was two-story, 18 feet in height,
16'6" wide, by 25'6" long;
8. Mr. Anderson completed construction of the accessory building
before discussion was brought up on the Planning and Zoning
level;
9.
10.
11.
12.
13.
14.
The motion was seconded and CARRIED by unanimous roll call vote.
C) CASE S-84-049. Final vacation of Lots 20A and 20B-1, Phillips
resubdivision, U.S. Survey 3100; and replat to Lots 20A-1, 20A-2,
20A-3, 20A-4, 20A-5, and 20B-2, Phillips Resubdivision, U.S.
Survey 3100. (Nick Goossen and W. R. Heinrichs)
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to vacation of Lots
nn, __A Onn_1 D1.411: D.6d4v4c4nn_ TT _ &nY pv Ainn: and replat to
20A-1
20A-4
Regular Meeting
KIBS225603
7-
November 21, 1984
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U.S. Survey 3100 and that the recording of the plat be authorized
upon satisfaction of KIB Code Section 16.12.04OB:
B. No final plat shall be recorded until:
1. The subdivider completes all the improvements required in
the subdivision and obtains their acceptance in accordance
with Section 16.24.030; OR
2. The subdivider guarantees the completion of the improvements
by furnishing for the sole benefit of the borough a surety
bond cash in escrow, letter of credit or other security
acceptable to the borough securing payment in a principal
sum not less than the estimated cost of the improvements as
approved by the Borough Engineer. The guarantee shall be in
a form approved by the Borough Attorney.
The motion was seconded and CARRIED by unanimous roll call vote.
VIII NEW BUSINESS
A) Karluk Comprehensive Plan
Ms. Freed stated that this item will appear as Public Hearing for the
month of December.
B) Election of Officers
COMMISSIONER JAMES NOMINATED Ken Gregg as Planning and Zoning
Commission Chairman. The nomination was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER JAMES NOMINATED Fred Patterson as Planning and Zoning
Commission Vice -Chairman. The nomination was seconded and CARRIED by
unanimous voice vote.
COMMISSIONER RENNELL MOVED TO APPROVE THE NOMINATIONS. The motion was
seconded and CARRIED by unanimous voice vote.
IX COMMUNICATIONS
There were no communications.
X REPORTS
Ms. Freed stated that the Parks and Recreation Board Meeting will be
rescheduled after the new Board appointments are made.
Staff and the Commission thanked Patty Spencer for her three months
with the Community Development Department.
Chairman Gregg appointed Commissioner Anderson to the Borough Parks
Committee.
XI AUDIENCE COMMENTS
SCOTT ARNDT thanked the Commissioners for the consideration of his
earlier comments.
XII COMMISSIONERS' COMMENTS
COMMISSIONER RENNELL commented on the past problems of flag lots, and
wondered if this problem could be addressed in the code. Ms. Freed
suggested that it should probably be addressed in the subdivision
code.
COMMISSIONER HILL felt that a gratitude letter should be sent to
Virginia Crowe thanking her for her six years as a Commissioner.
COMMISSIONER PATTERSON was concerned that the Commission was becoming
too lenient in formulating findings of fact, stating more opinion than
facts. He also questioned the process of changing road names,
specifically Rezanof West.
KIBS225604
Regular Meeting -8- November 21, 1984
XIII ADJOURNMENT
CHAIRMAN GREGG adjourned the meeting at 11:33 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Ren Gregg, Chair
r ATTEST BY:,—>,,' ,— �
ILinda Freed Ac ng Secretary
DATE APPROVED:�-
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KIRS22S6p5
Regular Meeting -9- November 21, 1984