1985-05-15 Regular MeetingKODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - May 15, 1985
7:30 p.m.
AGENDA
I CALL TO ORDER
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II ROLL CALL
III APPROVAL OF AGENDA
IV MINUTES OF PREVIOUS MEETINGS:
Regular Meeting of April 17, 1985.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
A) Tim Abena - Case 84-046. Request for extension on variance
approval.
VI PUBLIC HEARINGS
A) CASE S-84-016. Revised preliminary, Lakeside Subdivision, of Lots 1
through 8, Block 1; Lots 1 through 19, Block 2; and Lots 1 through
11, Block 3. (Kodiak Island Borough)
B) CASE 85-014. Request for an investigation of the rezoning of Lots 3
through 6, Block 1; Lots 2 through 8, Block 2; Lots 1 through 8,
Block 4; Lots 1 through 11, Block 5; and Lots 1 through 6, Block 6,
Miller Point Alaska Subdivision First Addition, and Lots 1 through
8B, Cretview Subdivision from RR1--Rural-residential One to
r R1--Single-family Residential, and Lot 7, Block 6, Miller Point
Alaska Subdivision First Addition from RR1--Rural-residential One to
R3--Multifamily Residential. (Kodiak Island Borough Planning and
Zoning Commission)
C) CASE 85-021. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to grant a time extension for
the storage of scrap metal on property zoned R2--Two-family
Residential until January 9, 1987. The stored material will be used
in the construction of a seawall. Lot 15, USS 3100; 3162 Spruce
Cape Road. (Louis B. Lindsey)
D) CASE 85-022. Request for an exception from Section 17.13.020
(Permitted Uses) of the Borough Code to permit a bar, restaurant,
hotel, and lodge operation on C--Conservation-zoned land. Located
on a portion of U.S. Survey 4964 and generally located near the
interesection of the Chiniak Highway and Pasagshak Road. (Omar
Stratman/Northland Ranch Resort)
E) CASE 85-023. Request for a conditional use permit in accordance
with Section 17.21.030 (Conditional Uses) of the Borough Code to
permit the construction of a single-family dwelling onto a
commercial structure located on business -zoned property. Lot E-IBI,
USS 3218; 3272 Mill Bay Road. (David P. Harville)
r F) CASE 85-024. Request for a variance from Section 17.18.050(A)
(Front Yards) and 17.36.070(C) (Repairs and Maintenance) of the
Borough Code to permit the construction of a covered porch that
encroaches eight (8) feet into the required seventeen (17) foot
front yard setback. Lot 25, Block 12, Aleutian Homes Subdivision;
714 Willow Street. (Timothy R. Stauffer)
G) CASE 85-026. Request for an exception from Section 17.21.020
(Permitted Uses) of the Borough Code to permit an existing
single-family structure to be relocated on business -zoned property
for the purpose of "faculty housing." Tract C, USS 444; 421 Mission
Road. (Saint Herman's Seminary)
KIBS225662
H) CASE 85-027. Request for a variance from Section 17.19.040(A)
(Front Yards) of the Borough Code to permit the construction of a
single-family residence that encroaches eight (8) feet into the
required twenty-five (25) foot front yard setback. Lot 14A, USS
3100; 3130 Spruce Cape Road. (Rick Brush)
I) CASE 85-028. Request for a conditional use permit in accordance
with Section 17.17.030 (Conditional Uses) of the Borough Code to
permit the selling of fireworks during the Fourth of July holidays.
Portion of Lot 3, Block 1, Woodland Acres Subdivision; 3694 Rezanof
Drive East. (Guy M. Denton)
J) CASE 85-029. Request for a conditional use permit in accordance
with Section 17.18.030 (Conditional Uses) of the Borough Code to
permit a janitorial service as a home occupation in an
R1--Single-family Residential district. Lot 24, Block 1, Aleutian
Homes Subdivision; 512 Oak Street. (Roberto Cruz)
K) CASE 85-030. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to permit a second
single-family dwelling to be constructed on one lot, above an
existing garage, in an R2--Two-family Residential district. Lot
21A, USS 3101; 3614 Spruce Cape Road. (Craig and Bette Bishop)
L) CASE 85-031. 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 lot in an R2--Two-family Residential district
that exceeds the three -to -one lot depth -to -width ratio. Lot 6,
Block 5, Elderberry Heights Fourth Addition; 1617 Lynden Way.
(Scott Arndt)
M) CASE 85-032. Request for a variance from Section 17.18.050(C) (Rear
Yards) of the Borough Code to permit the reconstruction of a
fire -damaged residence that will encroach eleven (11) feet into the
r requeired twenty-five (25) foot rear yard setback. Lot 7A, Block 1,
Miller Point Alaska Subdivision First Addition; 595 Lilly Drive.
(Orlo T. Andrews)
N) CASE 85-033. Request for a conditional use permit in accordance
with Section 17.33.030 (Conditional Uses) of the Borough Code to
permit a helicopter landing pad for air medical evacuations in the
PL--Public Use Lands district. Lot 29, USS 3099; 2850 Spruce Cape
Road. (Kodiak Island Borough)
0) CASE S-85-016. Preliminary subdivision of Tract P, U.S. Survey 3218
and a portion of Lot 1, Block 2, Miller Point Alaska Subdivision
First Addition to Holland Acres Subdivision Second Addition, U.S.
Surveys 3218 and 3463. (Scott Arndt)
P) CASE S-85-017. Preliminary vacation of Lots 6A and 7A, U.S. Survey
3098, and replat to Lots 6A-1, 6A-2, and 7A-1, U.S. Survey 3098.
(Scott Arndt)
Q) CASE S-85-018. Preliminary subdivision of Lot 6, Block 5,
Elderberry Heights Subdivision Fourth Addition to Lots 6A and 6B,
Block 5, Elderbery Heights Subdivision Fourth Addition for zero -
lot -line development. (Scott Arndt)
R) CASE S-85-019. Preliminary subdivision of Lot 8, Block 5, Miller
Point Alaska Subdivision to Lots 8A and 8B, Block 5, Miller Point
Alaska Subdivision. (Leroy Cossette)
S) CASE S-83-024. Final Subdivision of an unsubdivided portion of U.S.
Survey 1396 to Lots 1 through 18, Lakeview Subdivision. (Lenhart J.
Grothe) This is a court -directed rehearing.
VII OLD BUSINESS
VIII NEW BUSINESS
IX COMMUNICATIONS
KIBS225663
Regular Meeting Agenda - 2 - May 15, 1985
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X REPORTS
A) Monthly Status Report, Community Development Department, April 1985.
XI AUDIENCE COMMENTS
XII COMMISSIONERS' COMMENTS
XIII ADJOURNMENT
The public is invited to attend the packet review work session for these
agenda items to be held in the Kodiak Island Borough Conference Room at 7:30
p.m. the preceding Wednesday.
PUBLISH: Kodiak Daily Mirror
Kadiak Times
DISPLAY AD
KIBS225664
Regular Meeting Agenda - 3 -
May 15, 1985
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KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - MAY 15, 1985
I CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:30 p.m. by Chairman Gregg on May 15, 1985 in the Borough
Assembly Chambers.
II ROLL CALL
Commissioners Present:
Ken Gregg, Chairman
Tim Hill
Dan James
Marlin Knight
Mike Anderson
Fred Patterson
Commissioners Absent:
Steve Rennell, Excused
III APPROVAL OF AGENDA
Others Present:
Linda Freed, Director
Community Development Department
Dave Crowe, Borough Engineer
Engineering Department
Patricia Miley, Secretary
Community Development Department
On the advice of the Borough attorney, Linda Freed requested that
Item S under Public Hearings be moved to Old Business. Ms. Freed also
requested that the technical committees for the Subdivision and Zoning
Revision Project be added to New Business.
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 ACCEPT the minutes of the April 17, 1985
Planning and Zoning Commission Meeting. The motion was seconded and
CARRIED by unanimous voice vote.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
Tim Abena, Case 84-046, asked for a one-year time extension on the
variance granted to him at this time last year.
COMMISSIONER HILL MOVED TO APPROVE a 12-month extension. The motion
was seconded and CARRIED by unanimous roll call vote.
VI PUBLIC HEARINGS
A) CASE 5-84-016. Revised preliminary, Lakeside Subdivision, of
Lots 1 through 8, Block 1; Lots 1 through 19, Block 2; and Lots 1
through 10, Block 3. (Kodiak Island Borough)
Dave Crowe indicated that 128 public hearing notices were mailed
for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
DALE SAUERS questioned the location of the subdivision, what uses
are allowed on industrial -zoned lots, and the wisdom of having
only two accesses bearing industrial traffic in and out of the
subdivision.
SCOTT ARNDT, looking at the overall development of the area,
suggested that perhaps it is more appropriate for the area to
remain industrial.
KIBS225665
P & Z Regular Meeting -1- May 15, 1985
Public Hearing Closed.
Regular Session Opened:
A discussion ensued as to whether the condition of the area
around the lake remaining public lands could be put on the
Commission's approval.
COMMISSIONER HILL MOVED TO GRANT PRELIMINARY APPROVAL of the
revised preliminary, Lakeside Subdivision. The motion was
seconded and CARRIED by unanimous roll call vote.
B) CASE 85-014. Request for an investigation of the rezoning of
Lots 3 through 6, Block 1; Lots 2 through 8, Block 2; Lots 1
through 8, Block 4; Lots 1 through 11, Block 5; and Lots 1
through 6, Block 6, Miller Point Alaska Subdivision First
Addition, and Lots 1 through BB, Crestview Subdivision from
RR1--Rural Residential One to R1--Single-family Residential, and
Lot 7, Block 6, Miller Point Alaska Subdivision First Addition
from RR1--Rural Residential One to R3--Multifamily Residential.
(Kodiak Island Borough Planning and Zoning Commission)
LINDA FREED indicated a petition from the majority of the
property owners in Crestview Subdivision requesting that their
area be considered for rezoning to R2 had been received and
copied for the Commissioners. In addition, a number of people
have shown interest in and/or suggested different zoning
possibilities, including business. Because of the implications
of approving a major rezoning request, it was recommended that a
minimum of two public hearings be held.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT appeared before the Commission and expressed support
for rezoning his property, Lot 2, Block 2, Miller Point Alaska
Subdivision First Addition, to R2.
(^ LORNA ARNDT appeared before the Commission and expressed her
objections to rezoning Lot 7, Block 6, Miller Point Alaska
Subdivision First Addition, to R3.
LARRY KEEGAN appeared before the Commission to express his
support for rezoning his property, Lot 8, Block 2, Miller Point
Alaska Subdivision First Addition, to R2, and to express his
objection to rezoning Lot 7, Block 6, Miller Point Alaska
Subdivision First Addition, to R3.
LOUIS WAGNER appeared before the Commission to express his
objection to this rezoning request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO TABLE THIS CASE UNTIL THE JUNE PUBLIC
HEARING AND TO SCHEDULE A WORK SESSION IN BETWEEN. The motion
was seconded and CARRIED by unanimous voice vote.
A discussion ensued amongst the Commissioners.
C) CASE 85-021. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to grant a time extension
for the storage of scrap metal on property zoned R2--Two-family
Residential until January 9, 1987. The stored material will be
used in the construction of a seawall. Lot 15, USS 3100; 3162
Spruce Cape Road. (Louis B. Lindsey)
LINDA FREED indicated that 20 public hearing notices were mailed
for this case and none were received back.
Regular Session Closed.
Public Hearing Opened:
LOUIS LINDSEY appeared before the Commission to explain his
request and ask for approval.
KIBS225666
P & Z Regular Meeting -2- May 15, 1985
JERRY HOLT appeared before the Commission and, after ascertaining
from Mr. Lindsey that no more scrap metal would be brought onto
the property, expressed his nonobjection of this request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT AN EXCEPTION from Section
17.19.020 (Permitted Uses) of the Borough Code to grant a time
extension for the storage of scrap metal on property zoned
R2--Two-family Residential until January 9, 1987, the stored
material to have been used for the continued construction of a
seawall. The motion was seconded and CARRIED by unanimous roll
rcall
vote.
D) CASE 85-022. Request for an exception from Section 17.13.020
(Permitted Uses) of the Borough Code to permit a bar, restaurant,
hotel, and lodge operation on C--Conservation-zoned land.
Located on a portion of U.S. Survey 4964 and generally located
near the intersection of the Chiniak Highway and Pasagshak Road.
(Omar Stratman/Northland Ranch Resort)
LINDA FREED indicated that five public hearing notices were
mailed for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
LORNA ARNDT appeared before the Commission and expressed her
objections to this request.
OMAR STRATMAN appeared before the Commission to explain his
request and ask for approval.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR AN EXCEPTION from
Section 17.13.020 of the Borough Code to permit a bar,
restaurant, hotel, and lodge operation on Conservation -zoned
land. Located on a portion of U.S. Survey 4964 and generally
located near the intersection of the Chiniak Highway and
Pasagshak Road. The motion was seconded and CARRIED by unanimous
roll call vote.
E) CASE 85-023. Request for a conditional use permit in accordance
with Section 17.21.030 (Conditional Uses) of the Borough Code to
permit the construction of a single-family dwelling onto a
commercial structure located on business -zoned property. Lot
E-1B1, USS 3218; 3272 Mill Bay Road. (David P. Harville)
LINDA FREED indicated that 40 public hearing notices were mailed
for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
j� COMMISSIONER JAMES MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE
PERMIT in accordance with Section 17.67.070 of the Borough Code
to permit the construction of a single-family dwelling onto a
business structure located in the business district. Lot E-1B1,
USS 3218; 3272 Mill Bay Road. The motion was seconded and
CARRIED by unanimous roll call vote.
F) CASE 85-024. Request for a variance from Section 17.18.050(A)
(Front Yards) and 17.36.070(C) (Repairs and Maintenance) of the
Borough Code to permit the construction of a covered porch that
encroaches eight (8) feet into the required seventeen (17) foot
front yard setback. Lot 25, Block 12, Aleutian Homes
Subdivision; 714 willow Street. (Timothy R. Stauffer)
P & Z Regular Meeting -3 KIBS225667 May 15, 1985
LINDA FREED indicated that 61 public hearing notices were mailed
for this case and one was returned, expressing no objection to
the request.
Regular Session Closed.
public Hearing Opened:
TIMOTHY STAUFFER appeared before the Commission and explained his
request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and the Community
Development Department staff.
COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR A VARIANCE_ from
Section 17.18.050(A) and 17.36.070(C) of the Borough Code to
permit the construction of a covered porch that encroaches eight
(8) feet into the required seventeen (17) foot front yard
setback. Lot 25, Block 12, Aleutian Homes Subdivision; 714
Willow Street. The motion was seconded and CARRIED by unanimous
roll call vote.
G) CASE 85-026. Request for an exception from Section 17.21.020
(Permitted Uses) of the Borough Code to permit an existing
single-family structure to be relocated on business -zoned
property for the purpose of "faculty housing." Tract C, USS 444;
418 Mission Road. (Saint Herman's Seminary)
Withdrawn by the applicant.
H) CASE 85-027. Request for a variance from Section 17.19.040(A)
(Front Yards) of the Borough Code to permit the construction of a
single-family residence that encroaches eight (8) feet into the
required twenty-five (25) foot front yard setback. Lot 14A, USS
3100; 3130 Spruce Cape Road. (Rick Brush)
LINDA FREED indicated that 21 public hearing notices were mailed
for this case and none were returned.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners.
COMMISSIONER JAMES MOVED TO GRANT A REQUEST FOR A VARIANCE from
Section 17.19.040(A) (Front Yards) of the Borough Code to permit
the construction of a single-family residence that encroaches
eight (8) feet into the required twenty-five (25) foot front yard
setback with the condition that all the "junk" currently on the
lot be disposed of prior to a certificate of occupancy being
issued for the new dwelling. Lot 14A, USS 3100; 3130 Spruce Cape
Road. The motion was seconded and FAILED by unanimous roll call
vote.
I) CASE 85-028. Request for a conditional use permit in accordance
with Section 17.17.030 (Conditional Uses) of the Borough Code to
permit the selling of fireworks during the Fourth of July
holidays. Portion of Lot 3, Block 1, Woodland Acres Subdivision;
3694 Rezanof Drive East. (Guy M. Denton)
LINDA FREED indicated that 40 public hearing notices were mailed
for this case and none were returned.
Ms. Freed also pointed out that by the Borough Assembly's
adoption of the Uniform Fire Code in December the sale of
P & z Regular Meeting -4 KIBS225668 May 15, 1985
fireworks is prohibited in the Service District. Final review
will take place at the Assembly's June meeting.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE
PERMIT in accordance with Section 17.17.030 of the Borough Code
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to permit the selling of fireworks during the Fourth of July
holidays. Portion of Lot 3, Block 1, Woodland Acres Subdivision;
3694 Rezanof Drive East. The motion was seconded and CARRIED by
unanimous roll call vote.
J) CASE 85-029. Request for a conditional use permit in accordance
with Section 17.18.030 (Conditional Uses) of the Borough Code to
permit a janitorial service as a home occupation in an
R1--Single-family Residential district. Lot 24, Block 1,
Aleutian Homes Subdivision; 512 Oak Street. (Roberto Cruz)
LINDA FREED indicated that 37 public hearing notices were mailed
for this case, and one was returned, expressing no objection to
the request.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER KNIGHT MOVED TO GRANT A CONDITIONAL USE PERMIT in
(^ accordance with Section 17.67.070 of the Borough Code to permit a
janitorial service as a home occupation in an R1--Single-family
Residential district. Lot 24, Block 1, Aleutian Homes
Subdivision; 512 Oak Street. The motion was seconded.
COMMISSIONER HILL MOVED TO AMEND the motion to state that the
business be checked in one year to insure that it is run as
intended. The amendment was seconded and CARRIED by unanimous
roll call vote.
The MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote.
K) CASE 85-030. Request for an exception from Section 17.19.020
(Permitted Uses) of the Borough Code to permit a second single-
family dwelling to be constructed on one lot above an existing
garage in an R2--Two-family Residential district. Lot 21A, USS
3101; 3614 Spruce Cape Road. (Craig and Bette Bishop)
LINDA FREED indicated that 15 public hearing noticeswere mailed
for this case, and one was returned, expressing objection to the
request.
Regular Session Closed.
Public Hearing Opened:
r CRAIG BISHOP appeared before the Commission to speak in favor of
his request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A RE U� EST FOR AN EXCEPTION from
Section 17.19.020 of the Borough Code to permit a second single-
family dwelling to be constructed on one lot above a permitted
unattached garage in an R2--Two-family Residential district. Lot
21A, USS 3101; 3614 Spruce Cape Road. The motion was seconded
and CARRIED by unanimous roll call vote.
KIBS225669
P & Z Regular Meeting -5- May 15, 1985
L) CASE 85-031. Request for a variance from Section 17.34.03O(B)
(Lot Width) of the Borough Code to permit the construction of a
zero -lot -line dwelling on an R2--Two-family Residential lot that
exceeds the three -to -one lot depth -to -width ratio. Lot 6, Block
5, Elderberry Heights Fourth Addition; 1617 Lynden Way. (Scott
Arndt) The motion was seconded.
LINDA FREED indicated that 37 public hearing notices were mailed
for this case and that two were returned objecting to the
request. Also, one additional public hearing notice was returned
voicing objection to Item Q, Case 5-85-018, which relates to this
case.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT appeared before the Commission and requested approval
of the variance.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT A REQUEST FOR A VARIANCE from
Section 17.34.O3O(B) (Lot Width) of the Borough Code to permit
the construction of a zero -lot -line dwelling on an R2--Two-family
Residential lot that exceeds the three -to -one lot depth -to -width
ratio. Lot 6, Block 5, Elderberry Heights Fourth Addition; 1617
Lynden Way.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
The motion CARRIED by majority roll call vote. Commissioner
Patterson cast the dissenting vote.
M) CASE 85-032. Request for a variance from Section 17.18.050(C)
(Rear Yards) of the Borough Code to permit the reconstruction of
a fire -damaged residence that will encroach eleven (11) feet into
the required twenty-five (25) foot rear yard setback. Lot 7A,
Block 1, Miller Point Alaska Subdivision First Addition; 595
Lilly Drive. (Orlo T. Andrews)
LINDA FREED indicated that 45 public hearing notices were mailed
for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
LORNA ARNDT appeared before the Commission to express her
objections to this request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and Mr. Baker, the
builder representing the property owner.
COMMISSIONER JAMES MOVED TO GRANT A REQUEST FOR A VARIANCE_ from
Section 17.18.O50(C) (Rear Yards) of the Borough Code to permit
the reconstruction of a fire -damaged residence that will encroach
eleven (11) feet into the required twenty-five (25) foot rear
yard setback. Lot 7A, Block 1, Miller Point Alaska Subdivision
First Addition; Ptarmigan Pass Road. The motion was seconded and
FAILED by majority roll call vote, with Commissioners Anderson
and Knight casting assenting votes.
N) CASE 85-033. Request for a conditional use permit in accordance
with Section 17.33.030 (Conditional Uses) of the Borough Code to
permit a helicopter landing pad for air medical evacuations in
the PL--Public Use Lands district. Lot 29, USS 3099; 2850 Spruce
Cape Road. (Kodiak Island Borough)
LINDA FREED indicated that 36 public hearing notices were mailed
for this case and two were returned, one objecting and one not.
KIBS225670
P & Z Regular Meeting -6- May 15, 1985
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A discussion ensued amongst the Commissioners and Community
Development Department staff.
Regular Session Closed.
Public Hearing Opened:
SID COZART appeared before the Commission to express his concern
about placement of the playground.
SCOTT ARNDT appeared before the Commission also to express his
concern about placement of the playground.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR A CONDITIONAL USE
PERMIT in accordance with Section 17.33.030 of the Borough Code
to permit a helicopter landing pad for air medical evacuations in
the PL--Public Use Lands district. Lot 29, USS 3099. The motion
was seconded and CARRIED by unanimous roll call vote.
O) CASE 5-85-016. Preliminary subdivision of Tract P, U.S. Survey
3218 and a portion of Lot 1, Block 2, Miller Point Alaska
Subdivision First Addition to Holland Acres Subdivision Second
Addition, U.S. Surveys 3218 and 3463. (Scott Arndt)
DAVE CROWE indicated that 57 public hearing notices were mailed
for this case and one was returned, which was favorable.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT discussed his request in detail with the Commission.
LORNA ARNDT appeared before the Commission to express her support
of this request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and Mr. Arndt.
COMMISSIONER PATTERSON MOVED TO GRANT PRELIMINARY APPROVAL of the
Subdivision of Tract P, U.S. Survey 3218, and a portion of Lot 1,
Block 2, Miller Point Subdivision First Addition, to Holland
Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463.
The motion was seconded and CARRIED by majority roll call vote,
with Commissioner Knight casting the dissenting vote.
P) CASE S=85-017. Preliminary vacation of Lots 6A and 7A, U.S.
Survey 3098, and replat to Lots 6A-1, 6A-2, and 7A-1, U.S. Survey
3098. (Scott Arndt)
DAVE CROWE indicated that 32 public hearing notices were mailed
for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT appeared before the Commission and offered his
availability for any questions.
Public Hearing Closed.
Regular Session Opened:
KIBS225671
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL for this
vacation and replat, Case No. 5-85-017, of Lots 6A and 7A, U.S.
Survey 3098. The motion was seconded and CARRIED by unanimous
roll call vote.
Q) CASE 5-85-018. Preliminary subdivision of Lot 6, Block 5,
Elderberry Heights Subdivision Fourth Addition to Lots 6A and 6B,
P & Z Regular Meeting -7- May 15, 1985
Block 5, Elderberry Heights Subdivision Fourth Addition for
zero -lot -line development. (Scott Arndt)
DAVE CROWE indicated that 39 public hearing notices were mailed
for this case and five were returned, all unfavorable.
Regular Session Closed.
Public Hearing Opened:
MARILYN QUACCIA's comments were read into the record.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT FINAL APPROVAL of the subdivi-
sion of Lot 6, Block 5, Elderberry Heights Subdivision Fourth
Addition with the stipulation that Lots 6A and 6B are created
solely for the purpose of zero -lot -line development. The motion
was seconded and CARRIED by majority roll call vote, with Commis-
sioner Patterson casting the dissenting vote.
R) CASE S-85-019. Preliminary subdivision of Lot 8, Block 5, Miller
Point Alaska Subdivision to Lots 8A and 8B, Block 5, Miller Point
Alaska Subdivision. (Leroy Cossette)
DAVE CROWE indicated that 34 public hearing notices were mailed
for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
EMIL NORTON appeared before the Commission to voice his objection
to this request.
A discussion ensued amongst Mr. Norton and the Commissioners.
MARY COSSETTE appeared before the Commission and expressed her
support of this request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and Dave Crowe, and
it was decided to remove "from Cliffside Road" from Condition
No. 3 of Mr. Crowe's May 7 memo.
COMMISSIONER ANDERSON MOVED TO GRANT PRELIMINARY APPROVAL for
Case No. 5-85-019, subdivision of Lot 8, Block 5, Miller Point
Alaska Subdivision, subject to the following conditions:
1. That the applicant obtain the required subdivision
sanitation approval from the State of Alaska, Department of
Environmental Conservation;
2. That a note be placed on the final plat stating that no
further subdivision of Lot 8A or 8B will be allowed;
3. That the applicant construct driveway access for Lot 8A.
The motion was seconded and CARRIED by majority roll call
vote, with Commissioner James casting the dissenting vote.
VII OLD BUSINESS
A) CASE 5-83-024. Final Subdivision of an unsubdivided portion of
U.S. Survey 1396 to Lots 1 through 18, Block 1, Lakeview Subdivi-
sion. (Lenhart J. Grothe) This is a court -directed proceeding.
CHAIRMAN GREGG stated that it is the opinion of the Borough
attorney that this case should be tabled until prior records are
reviewed and findings of fact for the previous decision are made.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
IKIBS225612
P & Z Regular Meeting -8- May 15, 1985
COMMISSIONER JAMES MOVED THAT CASE NO. 5-83-024, LAKEVIEW
SUBDIVISION, BE TABLED in order to prepare findings of fact for
the next regular meeting. The motion was seconded and CARRIED by
unanimous roll call vote.
VIII NEW BUSINESS
A) LINDA FREED listed the nominees for the Subdivision Technical
Committee: Scott Arndt, Bob Tarrant, Ralph Newcombe, Roy
Ecklund, Larry Monroe, Craig Johnson, Barry Still, and Joyce
Gregory; and the Zoning Technical Committee: Pat Szabo, Robin
Henrich, Marcia Oswalt, Andy Cristaldi, Chamber of Commerce
Representative, Art Bors, Bette Bishop, John W. Merrick, and John
Bowman.
COMMISSIONER JAMES MOVED TO ACCEPT the listed representatives for the
zoning and subdivision technical committees. The motion was seconded
and CARRIED by unanimous roll call vote.
IX COMMUNICATIONS
There were no communications.
X REPORTS
A) Work sessions are scheduled for the 22nd or the 29th to discuss
the development plan from Kodiak Contractors, Inc.
June 4 is scheduled for the subdivision technical committee, and
the 5th is scheduled for the zoning technical committee.
B) Status Report from the Community Development Department.
XI AUDIENCE COMMENTS
MATT JAMIN spoke on behalf of Len Grothe, Case S-83-024.
SCOTT ARNDT expressed gratitude for the favorable rulings of the
Commission.
LORNA ARNDT expressed concern over spouses of borough employees
serving on boards and/or committees.
XII COMMISSIONERS' COMMENTS
A) FINDINGS OF FACT FOR CASE 5-84-16:
CASE s-84-016. Revised preliminary, Lakeside Subdivision, of
Lots 1 through 8, Block 1; Lots 1 through 19, Block 2; and Lots 1
through 10, Block 3. (Kodiak Island Borough)
1. This plat will eliminate potential land use conflicts
between industrial and residential property uses that were
previously proposed to be located across the street from
each other.
2. The plat provides substantial greenbelts to buffer proposed
residential and industrial land uses from each other.
3. No adverse public testimony.
4. The proposed residential area is more suited for residential
use than industrial use, due to the depth of the original
lots.
5. This plat groups industrial uses near Von Scheele Way,
reducing potential conflicts from industrial traffic through
the residential area.
COMMISSIONER JAMES MOVED TO ACCEPT THOSE FINDINGS OF FACT AS
STATED. The motion was seconded and CARRIED by unanimous voice
vote.
COMMISSIONER KNIGHT MOVED TO CONTINUE THE MEETING PAST 11:00 PM. The
motion was seconded and CARRIED by unanimous voice vote.
P & Z Regular Meeting -9- KIBS225673 May 15, 1985
B) FINDINGS OF FACT FOR CASE 85-027:
CASE 85-027. Request for a variance from Section 17.19.040(A)
(Front Yards) of the Borough Code to permit the construction of a
single-family residence that encroaches eight (8) feet into the
required twenty-five (25) foot front yard setback. Lot 14A, USS
3100; 3130 Spruce Cape Road. (Rick Brush)
1. There are no exceptional physical circumstances or
conditions applicable to this property or to its intended
use or development which do not generally apply to other
properties in the same land use district.
r 2. The actions of the applicant caused special conditions, or
financial hardship, or inconvenience from which relief is
being sought by a variance. The Commission determined that
a house could be designed to meet the allowable building
envelope, without the requested variance.
COMMISSIONER HILL MOVED TO ACCEPT THOSE FINDINGS OF FACT AS
STATED. The motion was seconded and CARRIED by unanimous voice
vote.
C) FINDINGS OF FACT FOR CASE 85-032:
CASE 85-032. Request for a variance from Section 17.18.050(C)
(Rear Yards) of the Borough Code to permit the reconstruction of
a fire -damaged residence that will encroach eleven (11) feet into
the required twenty-five (25) foot rear yard setback. Lot 7A,
Block 1, Miller Point Alaska Subdivision First Addition; 595
Lilly Drive. (Orlo T. Andrews)
1. There are no exceptional physical circumstances or
conditions applicable to this property or to its intended
use or development which do not generally apply to other
properties in the same land use district.
2. The actions of the applicant caused special conditions, or
financial hardship, or inconvenience from which relief is
being sought by a variance. The Commission determined that
a house could be designed to meet the allowable building
envelope, without the requested variance. The Commission
also determined that the property was recently subdivided,
creating the situation the applicant is requesting a
variance from.
COMMISSIONER HILL MOVED TO ACCEPT THOSE FINDINGS OF FACT AS
STATED. The motion was seconded and CARRIED by unanimous voice
vote.
D) FINDINGS OF FACT FOR CASE 5-85-019:
CASE 5-85-019. Preliminary subdivision of Lot 8, Block 5, Miller
Point Alaska Subdivision to Lots 8A and 8B, Block 5, Miller Point
Alaska Subdivision. (Leroy Cossette)
1. Based on the information provided by the applicant, the
preliminary plat meets all the requirements of Title 16.
2. The Commission considered the question of water rights on
the stream running through Lot 8. The Commission requested
that those water rights be protected by the requirement that
the Alaska Department of Environmental Conservation review
and approve the plat.
COMMISSIONER HILL MOVED TO ACCEPT THOSE FINDINGS OF FACT AS
STATED. The motion was seconded and CARRIED by unanimous voice
vote.
KIBS225674
P & Z Regular Meeting -10- May 15, 1985
XIII ADJOURNMENT
r—
CHAIRMAN GREGG adjourned the meeting at 11:17 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
Ken Gregg, a rman
ATTEST BY:
Patricia Miley, Pl nning Secretary
DATE APPROVED: JU+nli kq. 1qg5-
A VERBATIM RECORD IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS225675
P & Z Regular Meeting -11- May 15, 1985