1985-08-21 Regular Meetingr
F
F
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - AUGUST 21, 1985
I CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:40 p.m. by Chairman Gregg on August 21, 1985 in the
Borough Assembly Chambers.
II ROLL CALL
Commissioners Present:
Ken Gregg, Chairman
Steve Rennell
Tim Hill
Dan James
Marlin Knight
Commissioners Absent:
Mike Anderson
Fred Patterson
III APPROVAL OF AGENDA
Others Present:
Linda Freed, Director
Community Development Department
Bob Pederson, Assistant Planner/
Zoning Officer, Community
Development Department
Dave Crowe, Borough Engineer
Engineering Department
Patricia Miley, Secretary
Community Development Department
Others Absent:
COMMISSIONER RENNELL MOVED TO APPROVE THE AGENDA. The motion was
seconded and CARRIED by unanimous voice vote.
IV MINUTES OF PREVIOUS MEETINGS:
COMMISSIONER JAMES requested Case 85-043 be corrected to read "JAY
JOHNSTON recognized the need for further business property in the core
area of Kodiak but spoke against this rezoning for traffic reasons."
COMMISSIONER KNIGHT MOVED TO ACCEPT the minutes of the August 21, 1985
Planning and Zoning Commission Meeting as corrected. The motion was
seconded and CARRIED by unanimous voice vote.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
AUDIENCE COMMENTS:
A) JAN LOVETT appeared before the Commission to address an issue
under XII COMMUNICATIONS on the agenda, Item A, "Review of
conditions of approval of an exception, which authorized
construction of a temporary structure to aid in top soil
screening on Tract C-1, USS 1682. (Michael Anderson)"
When the exception was initially granted, I was at that meeting
and we were all assured by Mr. Anderson that it would be a very
quiet operation. Now that it has been operating I tend to
disagree. The sifter itself is not a terribly noisy piece of
equipment, it is a,steady drone and I can hear it in my house
with all the doors and windows closed. The noise that bothers me
the most is the heavy equipment, those catapillars and bulldozers
and there is a lot of truck traffic. One of the conditions was
that Mr. Anderson not use the side road out of his sifting
operation on to Puffin Circle to get onto Rezanof. This seems to
be pretty common practice, the trucks come in off of Rezanof and
fill up and pull out onto the side street.
What has happened to the building that was to be built to house
the sifter to block some of the noise and the visual distraction
in a residential area? There is also a mobile home ter- �--
KIBS225719
P & Z Regular Meeting -1- August 21, 1985
parked on the site that looks like it is filled with insulation
and I don't know if he can put it on the land.
I just wanted to let you know that the conditions of the
exception have not been met to this point and I would appreciate
it if you would consider that when you come to this item on the
agenda.
B) RICHARD THUMMEL appeared before the Commission concerning the
setback requirements on Lot C-1, USS 1678. Mr. Thummel requested
the most lenient setbacks required be applied to his irregular
lot.
C) The representative of Dick Rohrer concerning the subdivision of
Lot 9, BLK 1, USS 2910 appeared before the Commission and
expressed his concerns regarding the requirement for stub -outs
for the sewer system on this subdivision and reported that sewer
stub -outs are already in place, one is accessible from Lot 9B and
the other is accessible from Lot 9A.
APPEARANCE REQUESTS:
A) Request that the Commission determine the appropriate method for
computing the required setbacks on Lot C-1, USS 1678. (Richard
Thummel)
COMMISSIONER GREGG inquired of staff the Borough Code section
that was used to determine the averages in the staff's option
number two.
LINDA FREED indicated that the Code says only that "a sideyard
will be determined by ten percent of the lot width." The Code
says nothing about how to determine the lot width and that is why
you have three options before you tonight.
A discussion ensued amongst the Commissioners and Community
Ir Development Department staff.
I COMMISSIONER HILL MOVED TO ADOPT OPTION NUMBER THREE as
l delineated on the As -Built Survey by Roy Ecklund dated September
18, 1979. The motion was seconded and CARRIED by unanimous roll
call vote.
Option Number Three specified the following setbacks: front - 25
feet; side - 13.78 feet; and rear - 40 feet.
B) CASE 84-034. Request for a one-year extension of a variance
(Assembly of God Church)
COMMISSIONER JAMES stated that in view of the fact that the
project has been started and it looks like they are making an
honest effort to finish it I have no problem in granting the
extension.
COMMISSIONER JAMES MOVED TO GRANT A ONE-YEAR EXTENSION OF A
VARIANCE from Section 17.57.020 (Off-street Parking) to provide
fewer parking spaces than required for the Assembly of God Church
on Tract B1, USS 1682, generally located at Rezanof Drive and
Woodland Drive. The motion was seconded and CARRIED by majority
roll call vote. Commissioner Rennell cast the dissenting vote.
C) Request for a determination by the Commission of the maximum
allowable sign size for the "Rent -a -Heap" business to be located
in the B--Business District on Lot 18, Sublot 7, Thorsheim
Subdivision. (Gary and Stacie Peterson)
A discussion ensued amongst the Commissioners and Community
Development Department Staff.
COMMISSIONER JAMES MOVED TO LIMIT THE SIGN SIZE TO FOUR SQUARE
FEET. The motion was seconded and CARRIED by unanimous roll call
vote.
VI PUBLIC HEARINGS
KIBS22572O
P & Z Regular Meeting -2- August 21, 1985
A) CASE 85-042. Request for a variance from Section 17.51.050 (Area
Requirements) of the Borough Code to permit an existing addition
to an accessory building, that exceeds 10 percent of the lot
area, to remain on the lot in an R1--Single-family Residential
.District. Lot 6, Block 3, Leite Addition; 1723 Mission Road.
(Terry Lowenberg)
BOB PEDERSON indicated that 20 public hearing notices were mailed
for this case and 4 were returned, 2 in favor and 2 opposed to
the request.
Regular Session Closed.
0- Public Hearing Opened:
TERRY LOWENBERG appeared before the Commission, spoke in favor of
this request, and presented a petition signed by surrounding
residents favoring this request.
MARY LOU KNUDSENBERG appeared before the Commission and expressed
her support of this request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section
17.51.050 (Area Requirements) of the Borough Code to permit an
existing addition to an accessory building, that exceeds 10
percent of the lot area, to remain on the lot in an
R1--Single-family Residential District. Lot 6, Block 3, Leite
Addition; 1723 Mission Road with the following two conditions:
1. That the lot line between Lots 6 and 7A be vacated, and
2. That the outdoor storage that can feasibly be moved inside
the storage structure be moved inside.
The motion was seconded and CARRIED by majority roll call vote.
'— Commissioner Pennell cast the dissenting vote.
B) CASE 85-043. Request for the rezoning of the remaining portion
of Tract G, U.S. Survey 444 in accordance with Chapter 17.72
(Amendments and Changes) of the Borough Code from R3--Multifamily
Residential, to B--Business, generally located on upper Alder
Lane behind the Kodiak Daily Mirror offices. (Russian Orthodox
Church)
BOB PEDERSON indicated that on the most recent mail -out 36 public
hearing notices were mailed for this case and 7 were returned, 4
in favor and 3 opposed to the request.
Regular Session Closed.
Public Hearing Opened:
FATHER GAROUSSMAN appeared before the Commission, read a letter
written by Father Joseph Kreta in favor of this request, and
submitted the letter to the file.
JACK MANN appeared before the Commission and spoke in favor of
this request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners.
COMMISSIONER HILL MOVED TO RECOMMEND APPROVAL TO THE BOROUGH
ASSEMBLY OF A REQUEST TO REZONE the remaining portion of Tract G,
U.S. Survey 444 in accordance with Chapter 17.72 (Amendments and
Changes) of the Borough Code from R3--Multifamily Residential, to
B--Business, generally located on upper Alder Lane behind the
Kodiak Daily Mirror offices. The motion was seconded and CARRIED
by majority roll call vote. Commissioners James and Knight cast
dissenting votes. COMMISSIONER GREGG requested the Findings of
Fact for this case be addressed under Commissioners Comments on
the agenda.
P & Z Regular Meeting -3. KIBS225721 August 21, 1985
C) CASE 85-045. Request for a variance from Section 17.26.140D
(Minimum Distances) of the Borough Code to permit a mobile home
to be placed on the existing foundation of Space 1, Harding
Trailer Park, after the removal of the existing mobile home and
add-ons from the space. The newly located mobile home will
encroach 14 feet into the 25-foot required setback from South
Benny Benson Drive and 15 feet into the 25-foot required setback
from Rezanof Drive East in an approved mobile home park located
in an R1--Single-family Residential District. Lot 1, U.S. Survey
3099; 353 South Benny Benson Drive. (Leroy Blondin and Beverly
Jones)
BOB PEDERSON indicated that 48 public hearing notices were mailed
for this case and 3 were returned, 2 in favor and 1 opposed.
Regular Session Closed.
Public Hearing Opened:
LORNA STILLMAN appeared before the Commission and expressed her
objections to this request. A discussion ensued between the
Commission and Ms. Stillman. Ms. Stillman agreed to remove her
objection to this request if it was stipulated that both trailers
on this lot were removed and only one trailer reestablished.
OKEY CHANDLER appeared before the Commission and expressed his
objections to this request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section
17.26.140D (Minimum Distances) of the Borough Code to permit a
14-foot by 60-foot mobile home to be placed on Space 1, Harding
Trailer Park, to encroach 1.4 feet into the 25-foot required
setback from South Benny Benson Drive and 15 feet into the
25-foot required setback from Rezanof Drive East in an approved
mobile home park located in an R1--Single-family Residential
District. Lot 1, U.S. Survey 3099; 353 South Benny Benson Drive,
subject to the following conditions:
1. The existing mobile home on this space shall not be placed
elsewhere in the Harding Trailer Park;
2. The new mobile home shall be located as shown on the site
plan; and
3. The small trailer will be removed from the property.
And TO ADOPT THE FINDINGS CONTAINED IN THE STAFF REPORT AS
"FINDINGS OF FACT" for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
FINDINGS OF FACT:
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
generally do not apply to other properties in the same land
use district.
Lot 1, USS 3099, contains an approved but nonconforming
mobile home park and most, if not all, of the mobile homes
in the park are nonconforming to one or more setback
requirements. Once the existing trailer is removed from
Space No. 1, there will be an additional physical condition
of the remaining foundation.
2. Strict application of the zoning
practical difficulties or unnece
Strict application of the rezoning ordinance would mean that
the existing trailer could only be replaced with one of
smaller dimensions and the existing foundation could not be
utilized. These factors constitute a practical difficulty.
KIBS225722
P & Z Regular Meeting -4- August 21, 1985
3. The granting of the variance will not result in material
and welfare.
Granting of the variance will not result in material damage
or prejudice to other properties in the area. The use and
density of the property will remain the same, and granting
the variance will not result in a change in the character of
the neighborhood.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
rGranting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies this
area for mobile home courts.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is bein
sought by the variance.
Actions of the applicant did not cause the conditions from
which relief is being sought by a variance. This variance
request will be decided prior to removal of the existing
mobile home.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Mobile homes as single-family residences are permitted in
this district.
D) CASE 85-052. Request for an investigation of the rezoning of:
Lots 1 through 9 and 11 through 19, Block 2, and Lot 8, Block
1, Lakeside Subdivision Revised Preliminary Plat (5-84-016
Revised April 22, 1985) from I --Industrial, to R1--Single-family
Residential. (Kodiak Island Borough Planning and Zoning
Commission and Assembly);
Lot 7, Block 1, Lot 10, Block 2, and Lot 10, Block 3,
Lakeside Subdivision Revised Preliminary Plat (5-84-016 Revised
April 22, 1985) from i--Industrial, and C--Conservation, to
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission and Assembly);
Lots 1 through 17, Block 3, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
R2--Two-family Residential. (Kodiak Island Borough Assembly);
Lots 2 through 28, Block 4, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
R1--Single-family Residential (Kodiak Island Borough Assembly) or
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission);
Lot 1 and Wetland Tract, Block 4, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission and Assembly); and
Portions of Tract A, USS 2538A, Lot 1, USS 3467, and USS 3468
(approximately 64 acres) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough)
in accordance with Chapter 17.72 (Amendments and Changes) of the
Borough Code.
COMMISSIONER KNIGHT requested to be excused for a possible
conflict of interest for CASES 85-052 and 85-053. COMMISSIONER
GREGG excused COMMISSIONER KNIGHT.
BOB PEDERSON indicated that 145 public hearing notices were
mailed for this case and 14 were returned, all in favor of the
rezoning however some had differing opinions on specific zones
for specific lots.
Regular Session Closed.
Public Hearing Opened:
KIBS225723
P & Z Regular Meeting -5- August 21, 1985
IN FAVOR:
r —
KENNETH PARKER appeared before the Commission, expressed his
support of the rezoning, and stated he would like to see Lots
2-28, Block 4, Lakeside Subdivision First Addition rezoned Public
Lands.
CLARENCE SELIG appeared before the Commission and expressed his
support of the rezoning as presented.
MARLENE WAMSAK appeared before the Commission and expressed her
support of the rezoning as presented.
CAROL HARTMAN appeared before the Commission, expressed her
support of the rezoning, and stated she would like to see Lots
2-28, Block 4, Lakeside Subdivision First Addition rezoned Public
Lands.
JOHN HARTMAN appeared before the Commission, expressed his
support of the rezoning, and stated he would like to see Lots
2-28, Block 4, Lakeside Subdivision First Addition rezoned Public
Lands.
CATHY SARGENT appeared before the Commission, expressed her
support of the rezoning, and stated she would like to see Lots
2-28, Block 4, Lakeside Subdivision First Addition rezoned Public
Lands.
VIOLET PARKER appeared before the Commission, expressed her
support of the rezoning, and stated she would like to see Lots
2-28, Block 4, Lakeside Subdivision First Addition rezoned Public
Lands.
MADELYN BROWN appeared before the Commission and expressed her
support of the rezoning of Lakeside Subdivision for residential
and public park.
OKEY CHANDLER appeared before the Commission and expressed his
support of the rezoning of Lakeside Subdivision to include public
park lands.
AGAINST:
JOHN PARKER appeared before the Commission and expressed his
opposition to this rezoning.
MAUREEN BUTLER appeared before the Commission and expressed her
opposition to this rezoning.
RICK LEE appeared before the Commission and expressed his
opposition to this rezoning.
SCOTT ARNDT appeared before the Commission and expressed his
opposition to this rezoning.
LORNA ARNDT appeared before the Commission and expressed her
opposition to this rezoning.
DONENE TWEETEN appeared before the Commission and expressed her
opposition to this rezoning.
FOR OR AGAINST:
MARLIN KNIGHT appeared before the Commission and expressed his
support of this rezoning.
MAUREEN BUTLER reappeared before the Commission and expressed her
opposition to this rezoning.
PAT BRIGGS appeared before the Commission and expressed his
opposition to this rezoning.
CATHY SARGENT reappeared before the Commission and expressed her
support to this rezoning.
KIBS225724
P & Z Regular Meeting -6- August 21, 1985
JOHN PARKER reappeared before the Commission and expressed his
opposition to this rezoning.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners.
COMMISSIONER HILL MOVED TO RECOMMEND TO THE BOROUGH ASSEMBLY THE
REZONING of
Lots 2 through 9 and 11 through 19, Block 2, Lakeside
Subdivision Revised Preliminary Plat (5-84-016 Revised April 22,
r 1985) from I --Industrial, to R1--Single-family Residential.
(Kodiak Island Borough Planning and Zoning Commission and
Assembly);
Lots 1 and 10, Block 2, and Lot 10, Block 3, and Lots 7 and
8, Block 2, Lakeside Subdivision Revised Preliminary Plat
(5-84-016 Revised April 22, 1985) from I --Industrial, and
C--Conservation, to PL--Public Use Lands. (Kodiak Island Borough
Planning and Zoning Commission and Assembly);
Lots 1 through 17, Block 3, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
I --Industrial (Kodiak Island Borough Assembly);
Lots 2 through 28, Block 4, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission) ;
Lot 1 and Wetland Tract, Block 4, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission and Assembly); and
Portions of Tract A, USS 2538A, Lot 1, USS 3467, and USS 3468
(approximately 64 acres) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough)
in accordance with Chapter 17.72 (Amendments and Changes) of the
r" Borough Code.
The motion was seconded. A discussion ensued amongst the
Commissioners.
The question was called and CARRIED by majority roll call vote.
Commissioner James cast the dissenting vote.
COMMISSIONER GREGG adjourned the meeting for a ten-minute recess
at 9:35 p.m. and reconvened the meeting at 9:47 p.m.
E) CASE 85-053. Review by the Planning and Zoning Commission of the
disposal of Borough land in accordance with Section 18.20.030A of
the Borough Code. Lot 8, Block 1; Lots 1 through 9 and 11
through 19, Block 2; and Lots 4 through 9 and 11, Block 3,
Lakeside Subdivision Revised Preliminary Plat (5-84-016 Revised
April 22, 1965) and Lots 1 through 17, Block 3, Lakeside
Subdivision First Addition (5-85-012). (Kodiak Island Borough)
BOB PEDERSON indicated that 145 public hearing notices were
mailed for this case and 14 were returned, 13 in favor and 1 that
was difficult to determine whether it was for or against.
Regular Session Closed.
Public Hearing Opened:
FOR:
None.
AGAINST:
JOHN PARKER appeared before the Commission and expressed his
objection to this request.
MAUREEN BUTLER appeared before the Commission and expressed her
objection to this request.
KIBS225725
P & Z Regular Meeting -7- August 21, 1985
LORNA ARNDT appeared before the Commission and expressed her
objection to this request.
CLARENCE SELIG appeared before the Commission and expressed his
objections to this request.
FOR OR AGAINST:
CATHY SARGENT appeared before the Commission and expressed her
support of land disposal in the Lakeside Subdivision First
Addition.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO TABLE THIS REQUEST until the rezoning
involved in Case 85-052 was finalized by the Borough Assembly.
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER KNIGHT returned to the Planning and Zoning
Commission.
F) CASE 85-047. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of a nonconforming structure in,order to
construct a second -story addition on to an existing single-family
residence in an R2--Two-family Residential District. Lot 9A,
Block 8, Leite Addition; 1528 Kouskov. (Kenneth Lester)
BOB PEDERSON indicated that 34 public hearing notices were mailed
for this case and 2 were returned, both in favor of this request.
Regular Session Closed.
Public Hearing Opened:
KENNETH LESTER appeared before the Commission and expressed his
support of the request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section
17.36.070 (General Provisions) of the Borough Code to permit the
expansion of the cubical content of a nonconforming structure in
order to construct a second -story addition on a portion of an
existing nonconforming single-family residence. Lot 9A, Block 8,
Leite Addition, and to adopt the findings contained in the staff
report as 'findings of fact' for this case. The motion was
seconded and CARRIED by unanimous roll call vote.
1. ExceDtional Dhvsical circumstances or conditions
not apply to
use district.
In this case, the unique physical condition is the existing
nonconforming structure located on the lot. Any expansion
of this will require a variance.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
r The strict application of the zoning ordinance would not
allow any additions to the existing structure. This is a
practical difficulty and unnecessary hardship because all
surrounding houses are substantially larger. Also, if the
existing house were oriented differently on the lot, the
proposed addition would not require a variance.
3. The arantinq of the
or Dreiudice to
to the Dublic's
Granting of the variance will not result in material damage
or prejudice to other properties in the area. Surrounding
P & Z Regular Meeting -8- KIBS225726 ,ugust 21, 1985
structures are larger and taller than the existing
structure, and the proposed addition will not block
potential ocean views. Further, Lot 8, Block 8, Leite
Addition was granted a variance to the side yard setback in
1984 (Case 84-064).
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies this
area for high -density residential development.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is bein
sought by the variance.
In this case, staff can find no evidence from building
permits and property file records that actions of the
applicant caused the condition from which relief is being
sought by the variance.
6. That the granting of the variance will not permit a
Single-family residential land uses are permitted in this
district.
G) CASE 85-048. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of a nonconforming structure in order to
replace and raise a portion of the roof on an existing
single-family residence; and
Request for a variance from Section 17.18.050 (Yards) of the
Borough Code to permit a new raised roof to encroach 0.7 feet
into the required 9.2-foot side yard setback in an
R1--Single-family Residential District. Lot 9A, Block 3, Leite
Addition; 1717 Mission Road. (Bob and Carol Smothers)
BOB PEDERSON indicated that 18 public hearing notices were mailed
for this case and 3 were returned, all in favor of this request.
Regular Session Closed.
Public Hearing Opened:
CARL BRAUNER appeared before the Commission representing the
owners, Bob and Carol Smothers, defined the request and expressed
support of the request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section
17.36.070 (General Provisions) of the Borough Code to permit the
expansion of the cubical content of a nonconforming structure in
order to replace and raise a portion of the roof on an existing
single-family residence. Lot 9A, Block 3, Leite Addition; and to
adopt the findings contained in the staff report as 'findings of
fact' for this case. Also, MOVED TO GRANT A VARIANCE from
Section 17.18.050 (Yards) of the Borough Code to permit a new
roof on an existing nonconforming single-family residence to
encroach 0.7 feet into the required 9.2-foot side yard setback in
an R1--Single-family Residential District. Lot 9A, Block 3,
Leite Addition and to adopt the findings contained in the staff
report as 'findings of fact' for this case. The motions were
seconded and CARRIED by unanimous roll call vote.
Findings of Fact:
A -- for the requested expansion of the cubical content, and
B -- for the requested 0.7-foot encroachment into the required
side yard setback as follows:
KIBS225727
P & Z Regular Meeting -9- August 21, 1985
1.
or intenaea use
in the same
use district.
A -- The unique physical condition in this case is the
existing nonconforming structure located on the lot.
Any expansion of this structure will require a
variance.
B -- The unique physical condition in this case is the
existing nonconforming structure located on the lot.
Naturally, a replacement roof would have to encroach
into the setback to cover the entire extent of the
existing structure. The proposed additional
encroachment only results from a steeper pitched roof
line.
2. Strict
of the zoning
ties or unneces
result in
A -- The strict application of the zoning ordinance would
only allow the existing roof to be replaced, not
raised. This is an unnecessary hardship because if the
existing house was oriented differently on the lot, no
variance would be necessary. Also, the raised roof
will not provide any additional usable living space or
be substantially taller than the existing roof.
B -- The strict application of the zoning ordinance would
only allow the existing roof to be replaced, not
raised. This is an unnecessary hardship because if the
existing house was oriented differently on the lot, no
variance would be necessary. Also, the raised roof
will not provide any additional usable living space or
be substantially taller than the existing roof.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity no
be detrimental to the public's health, safety, and welfare.
A -- Granting of the variance will not result in material
damage or prejudice to other properties in the area.
The additional height of the roof results in only a
minor encroachment (less than one foot) that will not
increase the overall density of the area and, due to
the location of the structure, will not block potential
ocean views.
B -- Granting of the variance will not result in material
damage or prejudice to other properties in the area.
The additional height of the roof results in only a
minor encroachment (less than one foot) that will not
increase the overall density of the area and, due to
the location of the structure, will not block potential
ocean views.
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
A -- Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies
this area for medium density residential development.
B -- Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies
this area for medium density residential development.
5. That actions of the applicant did
A -- In this case, staff has reviewed departmental files and
can find no indication that actions of the applicant
P & Z Regular Meeting -I( KIBS225728 August 21, 1985
caused the existing structure to be nonconforming from
the required side yard setback.
Q
B -- In this case, staff has reviewed departmental files and
can find no indication that actions of the applicant
caused the existing structure to be nonconforming from
the required side yard setback.
of the
a
A -- Single-family residential use is permitted in this
district.
B -- Single-family residential use is permitted in this
district.
H) CASE 85-049. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of a nonconforming structure in order to
construct a 10-foot by 20-foot addition on to the rear of an
existing single-family residence in an Rl--Single-family
Residential District. Lot 3, Block 6, Aleutian Homes; 613
Hemlock. (Patrick and Nadia Mullan)
BOB PEDERSON indicated that 132 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:
COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section
r 17.36.070 (General Provisions) of the Borough Code to permit the
expansion of the cubical content of a nonconforming structure in
order to construct a 10-foot by 20-foot addition on to the rear
of an existing nonconforming single-family residence. Lot 3,
Block 6, Aleutian Homes, and to adopt the findings contained in
the staff report as 'findings of fact' for this case. The motion
was seconded and CARRIED by unanimous roll call vote.
Findings of Fact:
ical circumstances or c
or intended use of deve
use district.
in the same land
In this case, the unique physical condition is the existing
nonconforming structure located on the lot. Any expansion
of this structure will require a variance.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
The strict application of the zoning ordinance would not
allow any additions to the existing structure. This is a
practical difficulty and unnecessary hardship when the
encroachment is only 1.4 feet and the addition will comply
with all current setback requirements.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity no
be detrimental to the public's health, safety, and welfare.
Granting of this variance will not result in material damage
or prejudice to other properties in the area. A substantial
number of structures in Aleutian Homes Subdivision are
nonconforming, and a number of variances have been granted
in the past by the Commission for expansion of the cubical
content of these nonconforming structures.
P & Z Regular Meeting -1 KIBS225729 August 21, 1985
4. The granting of the variance will not be contrary to the
objectives of the Comprehensive Plan.
Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies this
area for medium -density residential development.
5. That actions of the applicant did not cause special
conditions or financial hardship from which relief is being
sought by the variance.
In this case, actions of the applicant did not cause the
conditions from which relief is being sought by a variance.
The existing structure was built in 1978 and only purchased
by the applicant in 1983.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
Single-family residential land uses are permitted in this
district.
I) CASE 85-050. Request for a variance from Section 17.19.030 (Area
Requirements) of the Borough Code to permit a two-family dwelling
to be located on a lot that does not meet the minimum area
requirements of 3,600 square feet per dwelling unit; and
Request for a variance from Section 17.36.030
(Nonconforming Lots of Record) of the Borough Code to permit a
two-family dwelling to be located on a nonconforming lot of
record instead of a single-family residence only in an
R2--Two-family Residential District. Lot 3 of the resubdivision
of Lot 3, Paul's Subdivision; 1120 Mission Road. (Marlin Knight)
COMMISSIONER KNIGHT asked to be excused due to conflict of
interest on this case. COMMISSIONER GREGG excused COMMISSIONER
KNIGHT.
BOB PEDERSON indicated that 36 public hearing notices were mailed
for this case and 1 was returned which is a bit difficult to
determine if it is in favor or opposed.
Regular Session Closed.
Public Hearing Opened:
MARLIN KNIGHT appeared before the Commission and expressed his
support of this request.
LORNA ARNDT appeared before the Commission and expressed her
opposition to this request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners.
COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section
17.36.030 (Nonconforming Lots of Record) of the Borough Code to
permit the construction of a duplex on a nonconforming lot of
record Lot 3 of the resubdivision of Lot 3, Paul's Subdivision
and to adopt the findings contained in this report as 'findings
of fact' for this case. Also, MOVE TO GRANT A VARIANCE from
Section 17.19.030 (Area Requirements) of the Borough Code to
permit the reconstruction of a duplex on a lot that does not meet
the 7,200 square foot minimum lot area requirement for a duplex
in an R2--Two-family Residential District. Lot 3 of the
resubdivision of Lot 3, Paul's Subdivision and to adopt the
findings contained in the staff report as 'findings of fact' for
this case. The motion was seconded and FAILED by majority roll
call vote.
COMMISSIONER KNIGHT returned to the Planning and Zoning
Commission.
KIBS225730
P & Z Regular Meeting -12- August 21, 1985
J) CASE 85-051. Request for a variance from Section 17.36.070
(General Provisions) of the Borough Code to permit the expansion
of the cubical content of a nonconforming structure in order to
construct a 24-foot by 28-foot addition to an existing accessory
building; and
Request for a variance from Section 17.51.050 (Area) of the
Borough Code to permit an addition to an existing accessory
building to encroach 2 feet into the required 5-foot setback from
a side lot line in an R3--Multifamily Residential District. Lots
23-24, Block 2, Erskine Subdivision; 220 Mill Bay Road. (Peter
Ramaglia)
BOB PEDERSON indicated that 86 public hearing notices were mailed
for this case and 2 were returned, both in favor of this request.
Regular Session Closed.
Public Hearing Opened:
CARL BRAUNER appeared before the Commission representing Mr.
Ramaglia, detailed the request, and spoke in favor of the
request.
Public Hearing Closed.
Regular Session Opened:
A discussion ensued amongst the Commissioners and Carl Brauner.
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section
17.36.070 (General Provisions) of the Borough Code to permit the
expansion of the cubical content of an existing nonconforming
accessory building on Lots 23-24, Block 2, Erskine Subdivision
and to adopt the findings contained in the staff report as
'findings of fact' for this case. The motion was seconded and
CARRIED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section
17.51.050 (Area) of the Borough Code to permit an addition to an
r existing nonconforming accessory building to encroach 2 feet into
the required 5-foot side yard setback in an R3--Multifamily
Residential District. Lots 23-24, Block 2, Erskine Subdivision.
The motion was seconded and CARRIED by unanimous roll call vote.
Findings of Fact:
A -- for the request for the expansion of the cubical content of
the accessory building, and
1. Exceptional physical circumstances or conditions applicable
to the property or intended use of development, which
generally do not apply to other properties in the same land
use district.
A -- The unique condition applicable to this lot is the
existing nonconforming accessory structure. Any
addition to this structure will expand its cubical
content.
2. Strict application of the zoning ordinances would result in
3.
A -- The strict application of the nonconforming section to
the ordinance would not allow any additions to the
existing structure, even if in full compliance with all
other code requirements. This is a practical
difficulty and unnecessary hardship.
will not
to the
A -- Granting of the variance for expansion of the cubical
content of the nonconforming accessory structure will
not damage or be prejudicial to other properties in the
area. The public health, safety, and general welfare
will not be compromised.
KIBS225731
P & z Regular Meeting -13- August 21, 1985
4. The
will not be con
ectives of the Comprehensive Plan.
A -- Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies
this area as Central Business District.
5. That actions
conditions or
f the applicant did not c
from
sought by the variance.
A -- Action of the applicant did not cause the special
condition from which relief is being sought by a
variance. The existing structure was built in 1957,
prior to adoption of a zoning ordinance in the Kodiak
Island Borough.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
A -- Residential accessory buildings are permitted in this
district.
K) CASE 5-85-043. Preliminary subdivision of Lot 9, Block 1,
Southeast Addition No. 1, U.S. Survey 2910AB to Lots 9A and 9B.
(Richard A. Rohrer).
DAVE CROWE indicated that 58 public hearing notices were mailed
for this case and none have been returned.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER RENNELL noted comments were received on this matter
during the Audience Comments (Item V) portion of the evening's
agenda.
A discussion ensued amongst the Commissioners and the Borough
Engineer.
COMMISSIONER RENNELL MOVED TO GRANT FINAL APPROVAL OF THE
SUBDIVISION of Lot 9, Block 1, Southeast Addition No. 1, USS
2910AB to Lots 9A and 9B with the conditions stated in Mr.
Crowe's memo of August 12, 1985, and also the front property line
for the purpose of computing in the required front yard setback
on Lot 9B shall be the property line in common with Lot 9A which
shows a bearing of N79057'57"E as shown on the preliminary plat
dated July 18, 1985. The motion was seconded and CARRIED by
unanimous roll call vote.
The conditions stated in Mr. Crowe's memo of August 12, 1985:
1. Revise the title block to indicate Southeast Addition No. 1.
2. Applicant to install water and sewer services to both lots.
r
3. Provide a five -foot -wide electrical easement along Father
Herman Street.
4. Change the street name to Father Herman Street.
L) CASE 5-85-045. Preliminary subdivision of Lot 8C, Block 1,
Shahafka Acres Subdivision, U.S. Survey 3218 to Lots 8C-1 and
8C-2. (Craig H. Johnson)
DAVE CROWE indicated that 16 public hearing notices were mailed
for this case and none were returned. Mr. Crowe informed the
Commission that no findings of fact were rendered when this
subdivision was originally acted upon at the March 1985 meeting.
KIBS225732
P & Z Regular Meeting -14- August 21, 1985
It was stated and was mentionned in the Engineering Department's
letter to Mr. Johnson after that meeting (on March 22) that the
Commission stated as a reason for denial that the substandard
existing roadway is not adequate for additional development.
Regular Session Closed.
Public Hearing Opened:
CRAIG JOHNSON appeared before the Commission and expressed his
support of this request.
COMMISSIONER RENNELL noted that he spoke with Ian Fulp earlier in
the day and that Mr. Fulp stated that he felt that if Craig does
follow through with what he says he's going to do and it's only
single-family residential that they could live with that because
they are developing a home themselves. His concern is that the
potential is there for duplexes. Mr. Fulp wanted this shared
with the Commission.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL OF THE
SUBDIVISION of Lot 8C, Block 1, Shahafka Acres to Lots 8C-1 and
8C-2 subject to the three conditions of the Borough Engineer
dated August 12th and the fourth condition being that the plat
should have a note stating that natural drainage courses shall
not be blocked or impeded.
DAVE CROWE indicated the plat contains a note stating that
natural drainage courses shall not be blocked or impeded.
COMMISSIONER JAMES asked that the fourth condition of his motion
be struck.
The motion was then seconded and CARRIED by majority roll call
vote. Commissioner Rennell cast the dissenting vote.
The three conditions of the Borough Engineer's memo dated August
12th:
1. Applicant to provide water and sewer service to Lots 8C-1
and 8C-2 before recording (filing) the final plat.
2. Show Basis of Bearing on the final plat.
3. Indicate which lot lines are radial to the cul-de-sac on the
final plat.
M) CASE 5-85-046. Preliminary subdivision of Lot A-6, Kadiak Alaska
Subdivision, U.S. Survey 3469 to Lots A-6A and A-6B. (David
Bugni)
DAVE CROWE indicated that 21 public hearing notices were mailed
for this case and one negative response to the request was
returned.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT FINAL APPROVAL on Lot A-6,
Kadiak Subdivision per the memo of August 12 of the Borough
Engineer with number three stated as zero -lot -line duplex only.
A discussion ensued between Mr. Hill and Mr. Crowe.
COMMISSIONER HILL restated the motion, PER THE TWO
RECOMMENDATIONS OF AUGUST 12th.
The motion was seconded and CARRIED by unanimous roll call vote_
KIBS225733
P & Z Regular Meeting -15- August 21, 1985
The two conditions of the memo of August 12th:
1. Show Basis of Bearing on the final plat.
2. Show names of owners of record in the Ownership Affidavit
and Notary's Acknowledgment.
VII OLD BUSINESS
A) CASE 5-85-026. Final subdivision of Lots 7, 8, and 9, Block 1,
Russell Estates Subdivision First Addition, to Lots 7A, 7B, SA,
8B, 9A, and 9B, Block 1, Russell Estates Subdivision First
Addition, U.S. Survey 1396, for zero -lot -line development. (E.B.
Garrington and Son)
COMMISSION JAMES MOVED TO GRANT FINAL APPROVAL TO THE SUBDIVISION
CASE 5-85-026 zero -lot -line subdivision of Lots 7, 8, and 9,
Block 1, Russell Estates Subdivision First Addition. The motion
was seconded and CARRIED by unanimous roll call vote.
VIII NEW BUSINESS
There was no New Business.
IX COMMUNICATIONS
A) CASE 85-013. Review of conditions of approval of an exception,
which authorized construction of a temporary structure to aid in
top soil screening on Tract C-1, USS 1682. (Michael Anderson)
BOB PEDERSON indicated condition number one ought to read Monday
through Saturday instead of Monday through Friday.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
LINDA FREED stated she received a telephone call from Mr.
Anderson on, she believed, Sunday telling her that he was going
r to turn the operation on that day as it was a good weather day.
His concern was that he had been working out at Chiniak and
hadn't had a chance to operate the thing and he was coming back
into town with his equipment and he was going to operate as it
was a nice day.
A discussion ensued amongst the Commissioners.
LINDA FREED indicated the Community Development Department had
received no complaints about the operation. This was why Ms.
Lovett was encouraged to appear this evening since she had
concerns about the operation and the Department had not received
any complaints. Ms. Lovett was aware that this item would be
before the Commission having seen the agenda advertised in the
newspaper.
A discussion ensued amongst the Commissioners and Community
Development Department staff.
COMMISSIONER RENNELL MOVED TO DIRECT STAFF TO WRITE A LETTER
stating that the Commission has reviewed the terms of granting
the exception and there is concern that the terms are not be
followed; if there are more violations reported to the
Commission,, the exception may be revoked. The motion was
seconded and CARRIED by unanimous roll call vote.
A discussion ensued amongst the Commissioners and Community
Development staff.
B) CASES 85-025 and 5-85-042. Clarification of the extent and
amount of rock extraction permitted under an application to
develop a subdivision with 20,000 square foot lots. (Applicant:
KCl/Michael O'Leary)
COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT of the Community
Development Department memo to the file dated August 2, 1985.
The motion was seconded and CARRIED by unanimous voice vote.
yjgS225734
P & Z Regular Meeting -16- August 21, 1985
C) Appeal of CASE 85-031. The granting of a variance from Section
17.34.030B (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
depth -to -width ratio. Lot 6, Block 5, Elderberry Heights Alaska
Subdivision Fourth Addition; 1617 Lynden Way. (Applicant: Scott
Arndt)
COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT of a letter from
Marcella H. Dalke, CMC, City Clerk, dated August 6, 1985,
addressed to Linda Freed. The motion was seconded and CARRIED by
unanimous voice vote.
D) Appeal of CASE 85-004. The granting of an exception from Section
17.24.010 (Permitted Uses) of the Borough Code to permit a hotel
in an I --Industrial District, legally described as City Tidelands
Tract N-18. (Applicant: The Kazim Company/Dischner-Mathisen
Partnership)
COMMISSION JAMES MOVED TO ACKNOWLEDGE RECEIPT of a letter from
Marcella H. Dalke, CMC, City Clerk, dated August 7, 1985,
addressed to Linda Freed. The motion was seconded and CARRIED by
unanimous voice vote.
X REPORTS
A) Status Report from the Community Development Department.
B) COMMISSIONER HILL MOVED TO ACCEPT THE FOLLOWING FINDINGS OF FACT
FOR CASE 85-050. Request for a variance from Section 17.19.030
(Area Requirements) of the Borough Code to permit a two-family
dwelling to be located on a lot that does not meet the minimum
area requirements of 3,600 square feet per dwelling unit; and
Request for a variance from Section 17.36.030 (Nonconforming
Lots of Record) of the Borough Code to permit a two-family
dwelling to be located on a nonconforming lot of record instead
of a single-family residence only in an R2--Two-family
r Residential District. Lot 3 of the resubdivision of Lot 3,
11 Paul's Subdivision; 1120 Mission Road. (Marlin Knight)
A -- for the request for construction of a duplex on a
nonconforming lot of record, and
B -- for the request for variance to the minimum lot size for a
two-family dwelling unit, as follows:
1.
or intended use
use district.
same
A -- This substandard lot is the smallest in Paul's
Subdivision. Even with a purchase of a portion of the
"Rabbit Reserve," the size of the lot would be ±4,985
square feet, which is still below the 7,200 square foot
minimum lot size for a duplex.
B -- This substandard lot is the smallest in Paul's
Subdivision. Even with a purchase of a portion of the
"Rabbit Reserve," the size of the lot would be ±4,985
square feet, which is still below the 7,200 square foot
minimum lot size for a duplex.
2. Strict application of the zoning ordinances would result in
practical difficulties or unnecessary hardships.
A -- The strict application of the zoning ordinance would
only allow a single-family residence to be constructed
on the lot. This is not an unnecessary hardship
because the lot is 2,215 square feet less than the
minimum required lot size.
8 -- The strict application of the zoning ordinance would
only allow a single-family residence to be constructed
on the lot. This is not an unnecessary hardship
P & Z Regular Meeting -17- KIBS225735 ,ugust 21, 1985
F
F
because the lot is 2,215 square feet less than the
minimum required lot size.
3. The granting of the variance will not result in material
_damages or prejudice to other properties in the vicinity no
be detrimental to the public's health, safety, and welfare.
A -- Granting of the variance will result in material damage
or prejudice to other properties in the area. A duplex
on the lot will result in a higher density in an area
where single-family residences predominate. All land
uses surrounding the lot in question are single-family
residences.
B -- Granting of the
or prejudice to
on the lot will
where single -fa
uses surroundin
residences.
variance will result in material damage
other properties in the area. A duplex
result in a higher density in an area
nily residences predominate. All land
a the lot in question are single-family
4. The grantinq of the variance will not be contrary to the
A -- Although the comprehensive plan identifies this area
for medium density residential development, granting of
the variance will result in a high density per square
foot.
B -- Although the comprehensive plan identifies this area
for medium density residential development, granting of
the variance will result in a high density per square
foot.
5. That
tions or
cause
A -- The applicant was aware of the zoning regulations and
potential problems with this lot at the time of
purchase.
B -- The applicant was aware of the zoning regulations and
potential problems with this lot at the time of
purchase.
6. That the granting of the variance
prohibited land use in the distri
A -- Two-family residential land uses are permitted in this
district provided they meet the minimum lot area
requirements.
B -- Two-family residential land uses are permitted in this
district provided they meet the minimum lot area
requirements.
The motion was seconded and CARRIED by majority roll call vote.
C) COMMISSIONER RENNELL MOVED TO ACCEPT THE FOLLOWING FINDINGS OF
FACT FOR CASE 85-053. Review by the Planning and Zoning
Commission of the disposal of Borough land in accordance with
Section 18.20.030A of the Borough Code. Lot 8, Block 1; Lots 1
through 9 and 11 through 19, Block 2; and Lots 4 through 9 and
11, Block 3, Lakeside Subdivision Revised Preliminary Plat
(5-84-016 Revised April 22, 1985) and Lots 1 through 17, Block 3,
Lakeside Subdivision First Addition (5-85-012). (Kodiak Island
Borough)
FINDINGS OF FACT: KIBS225736
The Commission did not feel it was appropriate to review the
property for disposal until the zoning was decided.
The motion was seconded and CARRIED by unanimous roll call vote.
P & Z Regular Meeting -is- August 21, 1985
Commissioner Knight abstained.
D) COMMISSIONER HILL MOVE TO ACCEPT THE FOLLOWING FINDINGS OF FACT
FOR CASE 85-052. Request for an investigation of the rezoning
of:
Lots 1 through 9 and 11 through 19, Block 2, and Lot 8,
Block 1, Lakeside Subdivision Revised Preliminary Plat (5-84-016
Revised April 22, 1985) from I --Industrial, to R1--Single-family
Residential. (Kodiak Island Borough Planning and Zoning
Commission and Assembly);
Lot 7, Block 1, Lot 10, Block 2, and Lot 10, Block 3,
Lakeside Subdivision Revised Preliminary Plat (5-84-016 Revised
April 22, 1985) from I --Industrial, and C--Conservation, to
PL--Public Use Lands. (Kodiak island Borough Planning and Zoning
Commission and Assembly);
Lots 1 through 17, Block 3, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
R2--Two-family Residential. (Kodiak Island Borough Assembly);
Lots 2 through 28, Block 4, Lakeside Subdivision First
Addition (S-85-012) from RR1--Rural Residential One, to
R1--Single-family Residential (Kodiak Island Borough Assembly) or
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission);
Lot 1 and Wetland Tract, Block 4, Lakeside Subdivision First
Addition (5-85-012) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough Planning and Zoning
Commission and Assembly); and
Portions of Tract A, USS 2538A, Lot 1, USS 3467, and USS
3468 (approximately 64 acres) from RR1--Rural Residential One, to
PL--Public Use Lands. (Kodiak Island Borough)
in accordance with Chapter 17.72 (Amendments and Changes) of the
Borough Code.
A -- Findings as to the Need and Justification for
The proposed zoning changes to R1--Single-family
Residential, I --Industrial, and PL--Public Use Lands will be
appropriate for the land area in question, will provide
additional public use lands, will provide buffers between
differing zoning districts, and will provide residential
zoning that is consistent with the recent preliminary
subdivision approval of Lakeside Subdivision.
Pertaining to the rezoning of Block 3, Lots 1-17, from RR1
to Industrial instead of R2, essentially with those lots the
proposed zoning classification would not provide adequate
separation of incompatible land uses.
Lot 1, Block 2, was changed from the requested R1 to PL to
increase the buffer between residential and industrial
zoning districts.
The motion was seconded and CARRIED by unanimous roll call vote.
Commissioner Knight abstained.
E) COMMISSIONER JAMES MOVED TO ACCEPT THE FOLLOWING FINDINGS OF FACT
FOR CASE 85-043. Request for the rezoning of the remaining
portion of Tract G, U.S. Survey 444 in accordance with Chapter
17.72 (Amendments and Changes) of the Borough Code from
R3--Multifamily Residential, to B--Business, generally located on
upper Alder Lane behind the Kodiak Daily Mirror offices.
(Russian Orthodox Church)
A -- Findings as to the Need and Justification for a Change or
There is a need for additional business property in the
downtown area. Although the Commission was concerned about
the width of Alder Lane, they recognized that practical and
sound business development will necessitate the improvement
and upgrading of Alder Lane.
KIBS225737
P & Z Regular Meeting -19- August 21, 1985
the
The 1968 Kodiak Island Borough Comprehensive Plan indicates
the future use of this lot for business. Implicit in this
recommendation for the future development of this area are
other development standards such as adequate road widths and
rights -of -way, as well as considerations of traffic
circulation and safety. The rezoning as requested is
consistent with the objectives of the Comprehensive Plan.
The motion was seconded and CARRIED by majority roll call vote.
Commissioner Knight cast the dissenting vote.
F) Request for a determination by the Commission of the maximum
allowable sign size for the "Rent -a -Heap" business to be located
in the B--Business District on Lot 18, Sublot 7, Thorsheim
Subdivision. (Gary and Stacie Peterson)
COMMISSIONER RENNELL MOVED TO DIRECT STAFF TO WRITE A LETTER to
the property owner, The Kodiak Island Improvement Corporation,
stating that the Commission feels it is inappropriate for them to
lease that area because it does meet their parking requirements.
COMMISSIONER GREGG inquired of staff if the attorney's opinion
had been solicited. A discussion ensued amongst the
Commissioners and staff. COMMISSIONER GREGG directed staff to
write the letter in any case.
The motion was seconded and CARRIED by unanimous voice vote.
G) Findings of Fact for Cases 85-042 and 85-051 to be prepared by
staff for Commission's consideration at the next regular meeting.
XI AUDIENCE COMMENTS
There were no audience comments.
FXII COMMISSIONERS' COMMENTS
XIII
COMMISSIONER GREGG directed staff to write a letter to both
Commissioners Anderson and Patterson, expressing concern over their
lack of attendance at both worksessions and regular meetings, for his
signature with copies to the Borough Assembly.
CHAIRMAN GREGG adjourned the meeting at 11:10 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING C
By:
PP en Gregg, Cha
ATTEST BY: i4
Patricia Miley, P ning Secretary
DATE APPROVED: )S, 19 $r
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
KIBS225738
P & Z Regular Meeting -20- August 21, 1985
