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1985-04-17 Regular Meetingr KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - April 17, 1985 7:30 p.m. R10"11 I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of March 20, 1985 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS DRAFT A) CASE 85-005. Monashka Bay Comprehensive Plan. (Monashka Bay Planning Group/Community Development Department) B) CASE 85-011. Request to investigate rezoning of Lots 1A through 14, Block 30, East Addition Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R-2--Two-Family Residential to R-3--Multi-Family Residential. 816, 812, 810, 720, 718, 716, 714, 712, 710, 620, 618, and 616 Rezanof Drive. (Petition by Property Owners) C) CASE 85-012. Request for a variance from Section 17.34.030(B)(Lot r - Width) of the Borough Code to permit the construction of a zero - lot -line dwelling on a R-2--Two-Family Residential lot that exceeds the three -to -one lot depth to lot width ratio. Lot 9, Block 1, Russell Estates 1st Addition, 1219 Selief Lane. (Michael W. Anderson) D) CASE 85-013. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary structure to aid in the screening of top soil in an R-2--Two-family Residential District. Tract C-1, USS 1682, 3472 Rezanof Drive East. (Michael W. Anderson) E) CASE 85-015. Request for review by the Planning and Zoning Commission under Section 18.20.030 of the Borough Code to review the disposal of Borough land located in an unsurveyed portion of Section 12, Township 32 South, Range 22 West, Seward Meridian; Eagle Harbor, Ugak Bay. (Kodiak Island Borough) F) CASE 85-016. Request for review by the Planning and Zoning Commission under Section 17.33.020 (Permitted Uses) of the Borough Code and as required by the lease, of a development plan for a public and youth group campground. Located on Borough land leased by the B.P.O.E. Lodge #1772. Tract B, Miller Point Alaska Subdivision. (Kodiak Elks Lodge 1772) G) CASE 85-017. Request for a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. (Larry Keegan) H) CASE 85-018. Request for a variance from Section 17.13.040(A)(Area Requirements) of the Borough Code to permit the lease of two acres of state owned land for a set net fish site and associated structures in the C--Conservation District. Located in a portion of Section 16, Township 26 South, Range 24 West, Seward Meridian. (Bruce D. Beehler) KIBS225646 P & Z Regular Meeting Agenda - 1 - April 17, 1985 I) CASE 85-019. Request for a variance from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R-3--Multi-Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. (Eugene G. Mueller) J) CASE 85-020. Request for a variance from Section 17.57.040(B) and 17.57.040(E) (Parking Area and Development Standards) of the Borough �— Code to exempt the Port Lions Clinic from the paving requirements for public parking lots and from the thirty-two foot wide maximum curb cut requirement. Lot 4, Block 3, Port Lions Alaska Subdivision. (City of Port Lions) K) CASE 82-118. An appeal from an administrative decision (17.68.020) requiring that an addition (without a building permit) to a main building that encroaches 5 feet 10 inches into the required 6.0 foot sideyard setback be brought into compliance with the Borough Code. Lot 3, Block 3, Aleutian Homes Subdivision, 512 Maple Street. (Norma Peregrino) L) CASE S-85-009. Preliminary Subdivision of Old Shipyard, Woman's Bay to Parcel A and Parcel B, Lash Terminal. (The Lash Corporation) M) CASE S-85-010. Preliminary Subdivision of a Portion of Unsubdivided USS 4947, Near Island to Tracts A and B, USS 4947. (City of Kodiak) N) CASE S-85-011. Preliminary Subdivision of a portion of unsubdivided land within protracted Section 21, Township 30 South, Range 32 West, Seward Meridian, Karluk Village to Tract G, Karluk Subdivision. (Kodiak Island Borough) 0) CASE S-85-012. Preliminary Vacation and Replat of Lots 7 through r 11, USS 3466, to Lots 7A through 11A, USS 3466 and preliminary subdivision of unsubdivided portions of USS 3467 and 3468 to Lakeside Subdivision 1st Addition, Blocks 3 and 4. (Kodiak Island Borough) P) CASE S-85-013. Preliminary Subdivision of Lot 3, USS 3100 to Lots 3A, 3B, 3C, and 3D, USS 3100. (Ralph and Annie Newcombe/Richard D. and E. June Juelson) Q) CASE S-84-048. Final Subdivision of Lot 3, Block 3, Miller Point Alaska Subdivision to Lots 3A, 3B, 3C, and 3D. (Nick Goossen) VII OLD BUSINESS A) CASE S-84-046. Revised Final Subdivision of Lot 14, Block 7, Monashka Bay Alaska Subdivision to Lots 14A and 14B including an Access and Utility Easement at Lot 13, Block 7. (John E. and Phyllis Van Sant) B) CASE S-84-054. Final Subdivision of Lot 10, USS 3100 to Lots l0A through l0E and Carroll Way Right -of -Way. (Louis G. Schneider) VIII NEW BUSINESS IX COMMUNICATIONS A) Decision on Appeal - GROTHE vs. KODIAK ISLAND BOROUGH ASSEMBLY X REPORTS A) Community Development Department Monthly Status Report - March 1985 XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT KIBS225647 P & Z Regular Meeting Agenda - 2 - April 17, 1985 The public is invited to attend the packet review work session for these agenda items to be held on in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday, April 10, 1985. PUBLISH: Kodiak Daily Mirror i Kadiak Times r— r DISPLAY AD KIBS225648 P & Z Regular Meeting Agenda - 3 - April 17, 1985 r— KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 17, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. by Chairman Gregg on April 17, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Tim Hill Dan James Marlin Knight Mike Anderson Fred Patterson III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bud Cassidy, Assistant Planner/ Zoning Officer, Community Development Department Dave Crowe, Borough Engineer Engineering Department Patricia Miley, Secretary Community Development Department COMMISSIONER GREGG requested the Agenda be Amended so that Item VI-0 (Public Hearing on CASE S-85-012) would follow Item VI-Q (Public Hearing on CASE S-84-048) at the request of Borough Manager Jerome Selby. COMMISSIONER HILL MOVED TO APPROVE THE AGENDA AS AMENDED. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER JAMES MOVED TO APPROVED the minutes of the March 20, 1985 Planning and Zoning Commission Meeting. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 85-005. Monashka Bay Comprehensive Plan. (Monashka Bay Planning Group/Community Development Department) LINDA FREED indicated the packet materials included revisions based upon testimony that was provided at the previous meeting and then enumerated the particular revisions. Also included in the packet materials is a letter from the City of Kodiak. Individual public hearing notices were again mailed to property owners within the boundaries of the plan, as well as publishing large display ads in the Kodiak Mirror; no public hearing notices were returned. Regular Session Closed. Public Hearing Opened: ELAYNE HUNTER-RENNELL, Chairman of the Monashka Bay Planning Group, appeared before the Commission and expressed the Group's endorsement of the revised plan. JOHN WITTEVEEN appeared before the Commission and expressed his concern that a school site be designated in the revised plan. NANCY MISSAL appeared before the Commission and expressed her support of the revised plan. KIBS225649 P & Z Regular Meeting -I- April 17, 1985 CATHY CORDRY appeared before the Commission and expressed her support of the revised plan. DEBORAH BURGY appeared before the Commission and expressed her support of the revised plan. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. r— COMMISSIONER RENNELL MOVED TO RECOMMEND APPROVAL of the Monashka Bay Comprehensive Plan by the Kodiak Island Borough Assembly and further recommends that Section 17.03 of the Borough Code be revised by the Borough Assembly to incorporate the Monashka Bay Comprehensive Plan. The motion was seconded. COMMISSIONER HILL MOVED TO AMEND Section D on revised page 21 that within the 10 year time period of this plan, serious consideration must be given to identification of a school site. The amendment was seconded and and CARRIED by unanimous voice vote. The question was called and CARRIED by unanimous roll call vote. B) CASE 85-011. Request to investigate rezoning of Lots 1A through 14, Block 30, East Addition Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R-2--Two-Family Residential to R-3--Multi-Family Residential. 816, 812, 810, 720, 718, 716, 714, 712, 710, 620, 618, and 616 Rezanof Drive. (Petition by Property Owners) LINDA FREED indicated that 2 public hearing notices were returned, one voicing objection to the request and the other expressing non -objection. Regular Session Closed. Public Hearing Opened: r GARY GILBERT appeared before the Commission and expressed his support of this request. HELEN HALL appeared before the Commission and expressed her support of this request. MAGGIE TUCK appeared before the Commission and expressed her objections to this request. SCOTT ARNDT appeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER RENNELL MOVED TO RECOMMEND to the Borough Assembly approval of a request to investigate rezoning of Lots 1A through 14, Block 30, East Addition Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R-2--Two-Family Residential to R-3--Multi-Family Residential. 816, 812, 810, 720, 718, 716, 714, 712, 710, 620, 618, and 616 r Rezanof Drive. The motion was seconded and CARRIED by majority roll call vote. Commissioners Patterson and Rennell cast the dissenting votes. The Commissioners decided to address the issue of Findings of Fact for this decision after XII COMMISSIONERS COMMENTS on the agenda. C) CASE 85-012. Request for a variance from Section 17.34.030(B)(Lot Width) of the Borough Code to permit the construction of a zero -lot -line dwelling on a R-2--Two-Family Residential lot that exceeds the three -to -one lot depth to lot width ratio. Lot 9, Block 1, Russell Estates 1st Addition, 1219 Selief Lane. (Michael W. Anderson) KIBS225650 P & Z Regular Meeting -2- April 17, 1985 MICHAEL W. ANDERSON indicated to the Commission that this case has been withdrawn. D) CASE 85-013. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary structure to aid in the screening of top soil in an R-2--Two-family Residential District. Tract C-1, USS 1682, 3472 Rezanof Drive East. (Michael W. Anderson) COMMISSIONER MICHAEL W. ANDERSON asked to be excused because of a conflict of interest. CHAIRMAN GREGG excused Commissioner Anderson. r- LINDA FREED indicated that one additional public hearing notice was returned, voicing objection to the request. Regular Session Closed. Public Hearing Opened: TUCK BONNEY appeared before the Commission and expressed his concerns with this request. SCOTT ARNDT appeared before the Commission and expressed his support of this request. JAN LOVETT appeared before the Commission and expressed her concerns with this request. MICHAEL W. ANDERSON appeared before the Commission, explained his request in detail, and requested approval of this request. JULIE A. BONNEY appeared before the Commission and expressed her concerns with this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER HILL MOVED TO GRANT AN EXCEPTION from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary structure to aid in the screening of top soil in an R-2--Two-family Residential District. Tract C-11 USS 1682, 3472 Rezanof Drive East with the conditions set forth in the Staff memo of April 8, 1985. The motion was seconded. COMMISSIONER PATTERSON MOVED TO AMEND THE CONDITIONS AS FOLLOWS: 1. Hours of operation be limited to 7:00 a.m. to 9:00 p.m., Monday through Saturday. 2. Holidays be observed. 3. The operating plan be reviewed by the Commission to guarantee compliance of the conditions of approval on or before August, 1985, and each August thereafter. 4. The operation be limited to a three-year timeframe. 5. Access to the operation be limited to Rezanof Drive. The amendment was seconded and CARRIED by unanimous voice vote. The question was called and CARRIED by unanimous roll call vote. E) CASE 85-015. Request for review by the Planning and Zoning Commission under Section 18.20.030 of the Borough Code to review r the disposal of Borough land located in an unsurveyed portion of Section 12, Township 32 South, Range 22 West, Seward Meridian; Eagle Harbor, Ugak Bay. (Kodiak Island Borough) LINDA FREED indicated staff had no additional comments. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: KIBS225651 P & Z Regular Meeting -3- April 17, 1985 COMMISSIONER JAMES MOVED TO APPROVE RESOLUTION 85-03-R of the Kodiak Island Borough Planning and Zoning Commission. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER GREGG recessed the meeting at 8:55 p.m. and reopened the meeting at 9:05 p.m. F) CASE 85-016. Request for review by the Planning and Zoning Commission under Section 17.33.020 (Permitted Uses) of the Borough Code and as required by the lease, of a development plan for a public and youth group campground. Located on Borough land leased by the B.P.O.E. Lodge #1772. Tract B, Miller Point Alaska �— Subdivision. (Kodiak Elks Lodge 1772) LINDA FREED indicated there was no additional information from staff. COMMISSIONER ANDERSON stated concerns of the public that this would be for public camping. LINDA FREED referred to a copy of the lease included in the packet, page 1: "The lease premises shall be used by the Elks for wilderness type camping by scouting and related youth group activities and be made available to the public with its use scheduled by the Elks." The lease, therefore, limits the types of activities with that statement. A discussion ensued amongst the Commissioners and staff. Regular Session Closed. Public Hearing Opened: SID PRUIT appeared before the Commission and expressed his concerns with this request. SCOTT ARNDT appeared before the Commission and expressed his support of this request. JOHN VINCENT, representative of the ELKS, appeared before the r-- Commission, explained the request in detail, and expressed the ELKS support of this request. SID FRUIT reappeared before the Commission and expressed concern with this request. SCOTT ARNDT reappeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO RECOMMEND APPROVAL of a development plan for submitted by the Kodiak B.P.O.E. Lodge #1772 a youth camping area. Tract B, Miller Point Alaska Subdivision and a portion of Lot 3, USS 3462. The motion was seconded and CARRIED by unanimous roll call vote. G) CASE 85-017. Request for a variance from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main residence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern. (Larry Keegan) LINDA FREED indicated one additional public hearing notice was returned, voicing support of the request. Regular Session Closed. Public Hearing Opened: LARRY KEEGAN appeared before the Commission, explained his request, and requested approval of this request. LORNA LEE ARNDT appeared before the Commission and expressed her concerns with this request. KIBS225652 P & Z Regular Meeting -4- April 17, 1985 A discussion ensued amongst the Commissioners and Ms. Arndt. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.18.050(C)(Rear Yards) of the Borough Code to permit the temporary conversion (two years) of an accessory building to a single-family residence that encroaches approximately 13 feet into the required 25 foot rear yard setback while a main resi- dence is under construction. Lot 21, Block 2, Island Lake Subdivision, 3230 Arctic Tern, with the following conditions: 1. The main residence be constructed within two years. 2. A building permit for construction of the residence be obtained when the trailer is removed. 3. A certificate of occupancy not be issued until the temporary building is removed or altered. The motion was seconded. COMMISSIONER PATTERSON MOVED TO AMEND the conditions as follows: 1. The main residence be constructed by May 1, 1987. The amendment was seconded and CARRIED by unanimous voice vote. The question was called and CARRIED by unanimous roll call vote. H) CASE 85-018. Request for a variance from Section 17.13.040(A)(Area Requirements) of the Borough Code to permit the lease of two acres of state owned land for a set net fish site and associated structures in the C--Conservation District. Located in a portion of Section 16, Township 26 South, Range 24 West, Seward Meridian. (Bruce D. Beehler) LINDA FREED indicated a letter from Senator Fred Zharoff stating his concern that the State regulations and the Borough regulations dealing with land management on State land are not consistent at this time. Regular Session Closed. Public Hearing Opened: BRUCE BEEHLER appeared before the Commission, explained his request, and requested approval of this variance. A discussion ensued amongst Commissioner Gregg and Mr. Beehler. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.13.040(A)(Area Requirements) of the Borough Code to permit the lease of two acres of state owned land for a set net fish site and associated structures in the C--Conservation District. Located in a portion of Section 16, Township 26 South, Range 24 West, Seward Meridian. The motion was seconded and CARRIED by unanimous roll call vote. I) CASE 85-019. Request for a variance from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R-3--Multi-Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. (Eugene G. Mueller) LINDA FREED indicated an additional public hearing notice returned, voicing objection to the request; a copy of two building permits issued by the building inspector. Regular Session Closed. Public Hearing Opened: KIBS225653 GENE MUELLER appeared before the Commission, explained his request in detail, and requested approval of the request. P & Z Regular Meeting -5- April 17, 1985 A discussion ensued amongst the Commissioners, Mr. Mueller, and Community Department staff. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R-3--Multi-Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. The motion was seconded and FAILED by majority roll call vote. Commissioners Gregg and Anderson cast the dissenting votes. The Commissioners decided to address the issue of Findings of Fact for this decision after XII COMMISSIONERS COMMENTS on the agenda. J) CASE 85-020. Request for a variance from Section 17.57.040(B) and 17.57.040(E) (Parking Area and Development Standards) of the Borough Code to exempt the Port Lions Clinic from the paving requirements for public parking lots and from the thirty-two foot wide maximum curb cut requirement. Lot 4, Block 3, Port Lions Alaska Subdivision. (City of Port Lions) LINDA FREED indicated there was no additional information for this case. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: COMMISSION JAMES MOVED TO GRANT A VARIANCE from Section 17.57.040(B) and 17.57.040(E) (Parking Area and Development Standards) of the Borough Code to exempt the Port Lions Clinic from the paving requirements for public parking lots and from the thirty-two foot wide maximum curb cut requirement. Lot 4, Block 3, Port Lions Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. K) CASE 82-118. An appeal from an administrative decision (17.68.020) requiring that an addition (without a building permit) to a main building that encroaches 5 feet 10 inches into the required 6.0 foot sideyard setback be brought into compliance with the Borough Code. Lot 3, Block 3, Aleutian Homes Subdivision, 512 Maple Street. (Norma Peregrino) COMMISSIONER JAMES indicated Ms. Peregrino requested him to inform the Commission that she has decided to withdraw her appeal. L) CASE S-85-009. Preliminary Subdivision of Old Shipyard, Woman's Bay to Parcel A and Parcel B, Lash Terminal. (The Lash Corporation) DAVE CROWE indicated 4 public hearing notices were mailed and no notices were returned. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: KIBS225654 P & Z Regular Meeting -6- April 17, 1985 COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of Old Shipyard, Woman's Bay to Parcel A and Parcel B, Lash Terminal with the following conditions: 1. That the title block be revised to read as follows: Old Shipyard Woman's Bay Tracts A and B Kodiak, Alaska 2. That the following note be added to the plat: Professional engineered plans for on -lot water and waste systems must be submitted to the Alaska Department of Environmental Conservation for approval prior to the development and installation of such systems. 3. That the name and title of the person authorized to sign the plat be included in the Ownership Affidavit and Notary's Acknowledgement. The motion was seconded and CARRIED by unanimous roll call vote. M) CASE 5-85-010. Preliminary Subdivision of a Portion of Unsubdivided USS 4947, Near Island to Tracts A and B, USS 4947. (City of Kodiak) DAVE CROWE indicated 4 public hearing notices were mailed and none were returned. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of a Portion of Unsubdivided USS 4947, Near Island to Tracts A and B, USS 4947 with the following conditions: 1. That the 60-foot wide right-of-way be included within the boundary of the plat. 2. That the mean high water line (M.H.W.L.) be labeled. 3. That the street encompassed by the 60-foot right-of-way be named, as follows: 5th Avenue South 4. That a right-of-way plat to establish the right-of-way for the Near Island Bridge access and the St. Herman Harbor Access be prepared and submitted. 5. That five-foot wide electrical easements be provided along the 60-foot road right-of-way within Tracts A and B. 6. That the spelling of St. Herman Harbor Access be corrected by eliminating the apostrophe-s('s). 7. That State Plane Coordinates be shown for two primary monuments on the subdivision boundary. The motion was seconded and CARRIED by unanimous roll call vote. N) CASE 5-85-011. Preliminary Subdivision of a portion of unsubdivided land within protracted Section 21, Township 30 South, Range 32 West, Seward Meridian, Karluk Village to Tract G, Karluk Subdivision. (Kodiak Island Borough) DAVE CROWE indicated 4 public hearing notices were mailed and none were returned. Regular Session Closed. Public Hearing Opened: Seeing None Public Hearing Closed. Regular Session Opened: KIBS225655 P & Z Regular Meeting -7- April 17, 1985 COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the subdivision of a portion of unsubdivided land within protracted Section 21, Township 30 South, Range 32 West, Seward Meridian, Karluk Village to Tract G, Karluk Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. P) CASE 5-85-013. Preliminary Subdivision of Lot 3, USS 3100 to Lots 3A, 3B, 3C, and 3D, USS 3100. (Ralph and Annie Newcombe/Richard D. and E. June Juelson) DAVE CROWE indicated 27 public hearing notices were mailed and 3 notices were returned. Regular Session Closed. Public Hearing Opened: RALPH NEWCOMBE appeared before the Commission, explained the subdivision in detail, and requested approval of this case. A discussion amongst the Commissioners and Mr. Newcombe ensued. CRAIG JOHNSON appeared before the Commission and expressed his support of this request. DICK JUELSON appeared before the Commission and requested approval of this case. SCOTT ARNDT appeared before the Commission and expressed his concerns with this request. A discussion ensued amongst the Commissioners and Mr. Arndt. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and the Borough Engineer. MOVED TO GRANT APPROVAL OF THE .VISION of Lot 3, USS 3100 to Lots 3A, 3B, 3C, and 3D, with the following conditions: 1. That the applicant submit engineered plans for revision of the on -site drainage prior to or with the final plat. 2. That the applicant submit engineered plans for the sewer system to serve Lots 3A and 3B prior to or with the final plat. 3. That a 10-foot utility easement be provided along the boundaries common to Lots 2 and 4, per KEA's request. 4. That a 30-foot access/easement be provided along the flag stem to the depth of Lot 3C. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knight, Rennell, and Hill cast the dissenting votes. Q) CASE 5-84-048. Final Subdivision of Lot 3, Block 3, Miller Point Alaska Subdivision to Lots 3A, 3B, 3C, and 3D. (Nick Goossen) DAVE CROWE indicated 27 public hearing notices were mailed out and none were returned. In a survey recently completed by Roy Ecklund, it was determined that the well for the Pruitt property is actually located in the extreme northwesterly corner of Lot 3E. Regular Session Closed. Public Hearing Opened: TED GOOSSEN appeared before the Commission and requested approval of this subdivision. Public Hearing Closed. Regular Session Opened: KIBS225656 P & Z Regular Meeting -8- April 17, 1985 A discussion ensued amongst the Commissioners and the Borough Engineer. COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL of Lot 3, Block 3, Miller Point Alaska Subdivision to Lots 3A, 3B, 3C, and 3D with the following conditions: 1. That the applicant obtain the required ADEC sanitation approval. 2. That the applicant submit engineered access road construction plans and cross -sections for approval prior to beginning work. 3. That the access road easement be shown as a combination access and utility easement. 4. That the following covenant be placed on the final plat: Upon installation of public water and sewer in Otmeloi Way, Lots 3A, 3B, 3C, and 3D will form an improvement district to extend public water and sewer to Lots 3A, 3B, 3C, and 3D within the access and utility easement. 5. That a 15-foot utility easement be provided each side of the common lot line between Lots 3B and 3C, as requested by KEA. The motion was seconded and CARRIED by unanimous roll call vote. 0) CASE S-85-012. Preliminary Vacation and Replat of Lots 7 through 11, USS 3466, to Lots 7A through 11A, USS 3466 and preliminary subdivision of unsubdivided portions of USS 3467 and 3468 to Lakeside Subdivision 1st Addition, Blocks 3 and 4. (Kodiak Island Borough) DAVE CROWE indicated 68 public hearing notices were mailed and one was returned. This is a long-standing case that dates back over three years when the work originally began, this is approximately the seventh public hearing on this case. JEROME SELBY, Borough Manager, presented the Borough Assembly's plan for this area. A discussion ensued amongst the Commissioners and the Borough Engineer. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and stated his opposition to this request. MAUREEN BUTLER appeared before the Commission, presented to the Borough Engineer a petition signed by 101 residents stating opposition to this request, and expressed her personal opposition to this request. DONENE TWETEN appeared before the Commission and voiced her objections to this request. JOHN VINCENT appeared before the Commission and expressed his objections to this request. CLIFF VOGELSBERG appeared before the Commission and expressed his objections to this request. A discussion ensued amongst the Commissioner Patterson and Mr. Vogelsberg. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, the Borough Engineer and the Borough Manager. ASSEMBLY MEMBER FRANCES CATER appeared before the Commission, as requested by the Commission, to present the Assembly's views. A discussion ensued amongst the Commissioners and Assembly Member Frances Cater. P & Z Regular Meeting -9- KIBS225657 kpril 17, 1985 A discussion ensued amongst Commissioner Hill and Community Development Department staff. COMMISSIONER HILL MOVED TO GRANT PRELIMINARY APPROVAL of the Preliminary Vacation and Replat of Lots 7 through 11, USS 3466, to Lots 7A through 11A, USS 3466 and preliminary subdivision of unsubdivided portions of USS 3467 and 3468 to Lakeside Subdivision 1st Addition, Blocks 3 and 4, with the condition that a five-foot wide electrical easement be provided along both sides of Beaver Lake Loop as requested by KEA. The motion was seconded and FAILED by majority roll call vote. Commissioners Hill, James, Patterson and Anderson voted "no." COMMISSIONER HILL MOVED THAT AN INVESTIGATION OF THE REZONING of Blocks 3 and 4, Lakeside Subdivision 1st Addition to Public Lands be undertaken by Community Development Department Staff. The motion was seconded and FAILED by majority roll call vote. Commissioners Gregg, Knight, Patterson and Rennell voted "no." COMMISSIONER HILL MOVED THAT AN INVESTIGATION OF THE REZONING of Block 4, Lakeside Subdivision 1st Addition to Public Lands be undertaken by Community Development Department Staff. The motion was seconded and CARRIED by majority roll call vote. Commissioners Knight and Rennell cast the dissenting votes. A discussion ensued amongst Commissioner Anderson and Community Development Department staff. COMMISSIONER ANDERSON MOVED THAT AN INVESTIGATION OF THE REZONING of Lots 6-12, Block 1, of the Preliminary Plat of Lakeside Subdivision 1st Addition from Industrial to Residential be undertaken by Community Development Department Staff as a separate case. The motion was seconded and CARRIED by majority roll call vote. Commissioners James and Rennell cast the dissenting votes. The Commissioners decided to address the issue of Findings of r Fact for this decision after XII COMMISSIONERS COMMENTS on the agenda. COMMISSIONER RENNELL MOVED TO CONTINUE THE MEETING PAST 11:30 p.m. cutoff deadline. The motion was seconded and CARRIED by unanimous roll call vote. VII OLD BUSINESS A) CASE S-84-046. Revised Final Subdivision of Lot 14, Block 7, Monashka Bay Alaska Subdivision to Lots 14A and 14B including an Access and Utility Easement at Lot 13, Block 7. (John E. and Phyllis Van Sant) DAVE CROWE indicated that a letter of approval was received from ADEC. A discussion ensued amongst the Commissioners and the Borough Engineer. COMMISSIONER JAMES MOVED GRANT FINAL APPROVAL of the subdivision of Lot 14, Block 7, Monashka Bay Alaska Subdivision to Lots 14A and 14B including an Access and Utility Easement at Lot 13, Block 7 with the following condition: 1. That a Mortgage Holder's Statement be provided above the signature line for Alaska Housing Finance Corporation. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE S-84-054. Final Subdivision of Lot 10, USS 3100 to Lots 10A through 10E and Carroll Way Right -of -Way. (Louis G. Schneider) COMMISSIONER HILL MOVED TO GRANT FINAL SUBDIVISION of Lot 10, USS 3100 to Lots l0A through IOE and Carroll Way Right -of -Way. The motion was seconded and CARRIED by unanimous roll call vote. KIBS225659 P & Z Regular Meeting -10- April 17, 1985 VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS A) Decision on Appeal - GROTHE vs. KODIAK ISLAND BOROUGH LINDA FREED indicated that the Court's order remands this case to the Kodiak Island Borough Planning and Zoning Commission for reconsideration. It is scheduled for the May 15, 1985 Regular Meeting. B) Wickersham, Inc. - Letter protesting a decision to award a contract to the firm selected for the Zoning and Subdivision Revision Project. X REPORTS A) March Status Report from the Community Development Department. XI AUDIENCE COMMENTS SCOTT ARNDT appeared before the Commission and expressed his concerns regarding the decision rendered in Case S-85-013. COMMISSIONTER RENNELL MOVED TO ACKNOWLEDGE RECEIPT of the correspondence received under Item IX COMMUNICATIONS. The motion was seconded and CARRIED by unanimous voice vote. XII COMMISSIONERS COMMENTS FINDINGS OF FACT FOR CASE 85-011: CASE 85-011. Request to investigate rezoning of Lots 1A through 14, Block 30, East Addition Subdivision in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from R-2--Two-Family Residential to R-3--Multi-Family Residential. 816, 812, 810, 720, 718, 716, 714, 712, 710, 620, 618, and 616 Rezanof Drive. (Petition by Property Owners) The Commission provided the following information as reasons: A) FINDINGS AS TO THE NEED AND JUSTIFICATION FOR THE REZONING: 1. There is R3 property adjacent to the subject property and R3 development across the street. There are also numerous nonconforming triplexes in the area already. 2. The terrain in the area may limit the number of dwelling units on the lots, but that is not a reason not to rezone the property. 3. The rezoning was requested by a majority of the property owners in the area. 4. There is a need for additional R3 property close to the downtown core. B) FINDINGS AS TO THE EFFECT THE CHANGE OR AMENDMENT WOULD HAVE ON THE OBJECTIVES OF THE COMPREHENSIVE PLAN: Although this rezoning is not consistent with the adopted comprehensive plan, it will not negatively affect the plan. The downtown core area is expanding outward further than was anticipated in the plan. COMMISSIONER JAMES MOVED TO ACCEPT THE FOLLOWING FINDINGS OF FACT: CASE 85-019. Request for a variance from Sections 17.20.030(A)(Lot Area) and 17.20.030(B)(Lot Width) of the Borough Code to permit the subdivision of an R-3--Multi-Family Residential lot into two lots that fail to meet the 60 foot lot width minimum with one of the lots failing to meet the 7200 square foot lot minimum. Lot 9, Block 3, Alderwood Subdivision, 1317 Selief Lane. (Eugene G. Mueller) KIBS225659 P & Z Regular Meeting -11- April 17, 1985 fa 1. EXCEPTIONAL PHYSICAL CIRCUMSTANCES OR CONDITIONS APPLICABLE TO THE PROPERTY OR INTENDED USE OR DEVELOPMENT, WHICH GENERALLY DO NOT APPLY TO OTHER PROPERTIES IN THE SAME LAND USE DISTRICT. There do not exist property which do same land use dist lot is a condition generally apply to district. exceptional physical circumstances on the iot apply generally to other properties in the rict. The presence of two structures on one applicable to the property that does not other properties in the same land use 2. STRICT APPLICATION OF THE ZONING ORDINANCES WOULD RESULT IN PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIPS. Strict application of the zoning code may result in practical difficulties and unnecessary hardship by making these structures nonconforming. Should a structure be damaged or destroyed, Commission approval must be sought prior to reconstruction. 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. Because the structures currently exist, the granting of the variances would not result in material damage or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. 4. THE GRANTING OF THE VARIANCE WILL NOT BE CONTRARY TO THE OBJECTIVES OF THE COMPREHENSIVE PLAN. The granting of the variance would not be inconsistent with the type of development occurring in this location, although the comprehensive plan designates this area for "public and open space." 5. THAT ACTIONS OF THE APPLICANT DID NOT CAUSE SPECIAL FINANCIAL HARDSHIP FROM WHICH RELIEF IS BEING SOUGH' The applicant is responsible for the fact that two structures exist on one lot and the relief being sought by this variance request is a subdivision of the property into two lots. 6. THAT THE GRANTING OF THE VARIANCE WILL NOT PERMIT A PROHIBITED USE IN THE DISTRICT INVOLVED. Granting a variance will not permit a prohibited land use in this residential district. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER GREGG MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: CASE 5-85-012. Preliminary Vacation and Replat of Lots 7 through 11, USS 3466, to Lots 7A through 11A, USS 3466 and preliminary subdivision of unsubdivided portions of USS 3467 and 3468 to Lakeside Subdivision 1st Addition, Blocks 3 and 4. (Kodiak Island Borough) 1. The proposed residential lots are too close to industrial lots, potentially creating land use conflicts; 2. The Kodiak Island Borough owns property in other areas that could be developed for residential lots; 3. This area unofficially serves as a regional park for the immediate area and the Kodiak urban area. The area has good attributes for a park; 4. Increased residential traffic on Selief Lane is undesirable; 5. Adverse public testimony at the recent public hearing and previous public hearings indicates that adjacent residents do not want this area developed. The motion was seconded and CARRIED by majority voice vote. Commissioner Knight cast the dissenting vote. KIBS225660 P & Z Regular Meeting -12- April 17, 1985 XIII ADJOURNMENT r CHAIRMAN GREGG adjourned the meeting at 12:51 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: r Ken Gregg, Chair ATTEST BY• i Patricia Miley, P anning Secretary DATE APPROVED: �Vlq �5 I�gS A VERBATIM RECORD IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225661 P & Z Regular Meeting -13- April 17, 1985