1985-07-17 Regular Meetingr
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KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 17, 1985
7:30 p.m.
AGENDA
I CALL TO ORDER
II ROLL CALL
III APPROVAL OF AGENDA
IV MINUTES OF PREVIOUS MEETINGS:
Regular Meeting of June 19, 1985.
V APPEARANCE REQUESTS AND AUDIENCE COMMENTS
VI PUBLIC HEARINGS
A) CASE 85-014. Request for an investigation of the rezoning of Lots
3A through 6, Block 1; Lots 3 through 7, Block 2; Lots 1, 2, 3, and
8, Block 4; Lots 1 through 5 and Lot 11, Block 5; and Lots lA
through 6, Block 6, Miller Point Alaska Subdivision First Addition
from RR1, Rural Residential One, to R1, Single-family Residential;
and
Lots 2 and 8, Block 2; Lots 6 through 10, Block 5,
Miller Point Alaska Subdivision First Addition; and Lots 1 through
8B, Crestview Subdivision, from RR1, Rural Residential One, to R2,
Two-family Residential; and
Lot 7, Block 6, Miller Point Alaska Subdivision First
Addition from RR1, Rural Residential One, to R3, Multifamily
Residential; and
Lots 4, 5, 6, and 7, Block 4, Miller Point Alaska
Subdivision First Addition from RR1, Rural Residential One, to B,
Business, R3--Multifamily Residential, or R2--Two-family
Residential.
B) CASE 85-025. Request for an exception from Section 17.17.020
(Permitted Uses) of the Borough Code to allow gravel and rock
extraction in an RR1, Rural Residential One, district;
Request for a variance from Section 17.17.040 (Area
Requirements) and Section 17.17.050 (Yards) to permit the creation
of lots that only meet the R1, Single-family Residential, district
requirements in the RR1, Rural Residential One, district; and
Preliminary subdivision (5-85-042) that vacates and
replats Lots 1 and 2, Block 6, Miller Point Alaska Subdivision; Lots
1, 7, and 8, Block 9, Miller Point Alaska Subdivision First
Addition; Lots 1, 2, and 3, Block 10, Miller Point Alaska
Subdivision First Addition; and Lots 6, 7, 8, 9, and 10, U.S. Survey
3464, creating forty-four (44) new lots. (Michael O'Leary/Kodiak
-Contractors Inc.)
The purpose of these requests is to allow the
developer the opportunity to extract material from the lots cited,
recontouring the lots into a development with sewer, water, and road
access and new lots that are smaller than is currently allowed in
the RR1, Rural Residential One, district.
C) 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)
D) 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. Tract G, U.S. Survey 444; generally
located on Upper Alder Lane behind the Kodiak Mirror offices.
(Russian Orthodox Church)
P & Z Regular Meeting Agenda - 1 KIBS225694 July 17, 1985
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E) CASE 85-044. Request for a conditional use permit in accordance
with Section 17.67.020 of the Borough Code to permit the
construction of a business structure that will contain a single-
family residence that will not exceed 50 percent of the area of the
structure. Lots 25 and 26, Block 1, Airpark Subdivision; 1517 Mill
Bay Road. (Fred Ducolon)
F) CASE 85-038. Request for a variance from Section 17.17.050 (Yards)
to permit a single-family residence to encroach 7 feet into the
required 40-foot rear yard setback in an RR1, Rural Residential One,
district,
and a request for a variance from Section 17.36.070
(General Provisions) to permit an increase in the cubical content of
an existing nonconforming structure in an RR1, Rural Residential
One, district. Lot 5B, Block 3, Bells Flats Alaska Subdivision; 782
Sargent Creek Road. (Royal Large)
G) CASE 85-045. Request for a variance from Section 17.18.040 (Area
Requirements) of the Borough Code to permit the creation of a lot in
the R1, Single-family Residential, district that does not meet the
minimum area requirements. The lot will be created by the removal
of two existing trailers from the Harding Trailer Court. Lot 1,
U.S. Survey 3099; 353 South Benny Benson Drive. (Leroy Blondin and
Beverly Jones)
H) CASE 85-046. 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 existing roof in the R3, Multifamily
Residential, district. Lot 10, Block 14, Kodiak Townsite Addition;
212 Hillcrest Street South. (J. Steven Hansen)
I) CASE 5-85-034. Preliminary subdivision of Lot 1, U.S. Survey 3099,
to Lots lA and 1B. (Leroy Blondin/Beverly M. Jones)
J) CASE 5-85-035. Preliminary subdivision of Lot 1A, Block 2, Shahafka
Acres Subdivision, U.S. Survey 3218, to Lots 1A-1 and 1A-2. (Toivo
Lahti)
K) CASE 5-85-036. Preliminary subdivision of Lot 2, Block 7, Woodland
Acres Subdivision Fourth Addition, to Lots 2A and 2B for zero -lot -
line development. (R.T. Ryan)
L) CASE 5-85-037. Preliminary subdivision of Lot 6A, Block 10, Miller
Point Alaska Subdivision First Addition, to Lots 6A-1 and 6A-2.
(Dan Hansen and Kristie Lou Hansen)
M) CASE 5-85-039. Preliminary subdivision of a parcel of unsurveyed
land lying within protracted sections 1 and 2, T27S, R21W, S.M.,
Alaska, to Lots 1-12, Anton Larsen Bay Estates. (Ouzinkie Native
Corporation)
N) CASE 85-040. Preliminary subdivision of proposed Lot 9 of the
vacation and replat of Lots 16, 17, and 18, U.S. Survey 3101, to
Lots 1, 2, 11, and 12. (Tony Perez)
O) CASE 5-85-041. Preliminary subdivision of Lot 10, Block 4,
Killarney Hills Subdivision, to Lots 10A and 10B for zero -lot -line
development. (Suzan Wiese)
VII OLD BUSINESS
A) Reconsideration of CASE 85-035. An appeal of an administrative
decision in accordance with Section 17.68.020(B) (Appeals from
Administrative Decisions) of the Borough Code regarding a decision
about the use of an R2, Two-family Residential, lot for a home
occupation, limited use of the lot for the property owners'
"Rent -a -Heap" and "Airporter Bus" activities. Lot 5, Block 13,
Aleutian Homes Subdivision; 513 Carolyn Street (Property owners:
Gary and Stacy Peterson/Appellant: Russell Olin)
KIBS225695
P & Z Regular Meeting Agenda - 2 -
July 17, 1985
F
B) Findings of Fact for the denial of CASE 85-037. Request for an
exception from Section 17.17.020 (Permitted Uses) of the Borough
Code to permit a 24-unit multiple -family dwelling on a lot in the
RR1, Rural Residential One, district. Lot 7, Block 6, Miller Point
Alaska Subdivision First Addition; 384 Lilly Drive. (Thomas S.
Millman)
C) Findings of Fact for the approval of CASE 85-039. Request for an
exception from Section 17.18.020 (Permitted Uses) of the Borough
Code to permit an existing welding business in an R1, Single-family
Residential, district. Lot 3, Block 3, Island Lake Subdivision;
3246 Ptarmigan Pass. (Lyle K. LaMont)
D) Findings of Fact for the approval of CASE 85-041. Request for a
variance from Section 17.17.040 (Area Requirements) of the Borough
Code to permit the creation of a lot in the RR1, Rural Residential
One, district that does not meet the minimum area requirements. Lot
6, Block 10, Miller Point Alaska Subdivision First Addition; 713
Lilly Drive. (Dan and Kristi Hansen)
E) Findings of Fact for the approval of CASE S-85-025. Preliminary
subdivision of Lots 7, 8, and 9, Block 4, Killarney Hills
Subdivision, to Lots 7A, 7B, 8A, 8B, 9A, and 9B, Block 4, Killarney
Hills Subdivision, U.S. Survey 3218, for zero -lot -line development.
(Terrance Lee Brauner)
F) CASE 5-83-050. Final subdivision of Lot 3, Block 2, Bells Flats
Alaska Subdivision, to Lots 3A through 3H. (Roberta Lochman)
G) CASE 5-84-050. Final subdivision of Lots 16, 17, and 18, U.S.
Survey 3101, to Lots 1 through 15, Arlene Way, and Tona Lane, Tona
Subdivision. (Anthony Perez)
VIII NEW BUSINESS
IX COMMUNICATIONS
( X REPORTS
A) Community Development Department Monthly Status Report - June.
XI AUDIENCE COMMENTS
XII COMMISSIONERS' COMMENTS
XIII
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:
DISPLAY AD
Kodiak Daily Mirror
Kadiak Times
KIBS225696
P & Z Regular Meeting Agenda
- 3 -
July 17, 1985
Kodiak Island Borough
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MEMORANDUM
DATE: July 8, 1985
TO: Pam Barr, Acting Planning Secretary
Linda Freed, Planning Director
FROM: Ann M. Moen, Engineering Secretary (Y'
SUBJECT: Additions to July 17, 1985 Regular Meeting
Planning and Zoning Commission Agenda
The Engineering Department has received the following final subdivisions for action
by the Commission at its July 17 meeting:
OLD BUSINESS (FINAL SUBDIVISIONS):
S-83-050 Final Subdivision of Lot 3, Block 2, BELLS FLATS ALASKA
SUBDIVISION; to Lots 3A through A (Roberta Lochman);
S-84-050 Final Subdivision of Lots 16, 17, and 18, U. S. SURVEY 3101; to
Lots 1 through 15, Arlene Way, and Tona Lane, TONA SUBDIVI7
(Anthony Perez).
(end)
amm
cc: David C. Crowe, Borough Engineer
Surveyors
TT7/7
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KIBS225697
Kodiak Island Borough
*-� MEMORANDUM
v
DATE: July 2, 1985
TO: Pam Barr, Acting Planning Secretary
-Linda L. Freed, Planning Director
FROM: Ann M. Moen, Engineering Secretary
SUBJECT: Subdivision Cases Received for July 17, 1985 Agenda
Planning and Zoning Commission
The Engineering Department has received the following subdivision cases for inclusion
on the Planning and Zoning Commission's July 17 meeting agenda:
PUBLIC HEARINGS (PRELIMINARY SUBDIVISIONS):
5-85-034 Preliminary Subdivision of Lot 1, U. S. SURVEY 3099; to Lots IA and
1B (Mr. Leroy Blondin/Ms. Beverly M. Jones);
5-85-035 Preliminary Subdivision of Lot IA, Block 2, SHAHAFKA ACRES
SUBDIVISION, U. S. Survey 3218; to Lots. IA-1 and 1A-2
(Mr. Toivo Lahti);
5-85-036 Preliminary Subdivision of Lot 2, Block 7, WOODLAND ACRES
SUBDIVISION, FOURTH ADDITION; to Lots 2A and 2B: For Zero -
Lot -Line Development (Mr. R.T. Ryan);
5-85-037 Preliminary Subdivision of Lot 6A, Block 10, MILLER POINT ALASKA
SUBDIVISION, FIRST ADDITION; to Lots 6A-1 and 6A-2
(Mr. Dan Hansen and Ms. Kristie Lou Hansen);
5-85-039 Preliminary Subdivision of a Parcel of Unsurveyed Land lying within
Protracted Sections 1 and 2, T27S, R21W, S.M., Alaska; to Lots 1-12,
ANTON LARSEN BAY ESTATES (Ouzinkie Native Corporation);
5-85-040 Preliminary Subdivision of Proposed Lot 9 of the Vacation and Replat
of Lots 16, 17, and 18, U. S. SURVEY 3101; to Lots 1, 2, 11, and 12
(Mr. Tony Perez);
5-85-041 Preliminary Subdivision of Lot 10, Block 4, KILLARNEY HILLS
SUBDIVISION; to Lots 10A and 1OB: For Zero -Lot -Line
Development (Ms. Suzan Wiese).
(end)
amm
cc: David C. Crowe, Borough Engineer
Surveyors
KIBS225698
A bureaucrat's guide to
chocolate -chip cookies
by Susan E. Russ
reprinted by permission of the Washington Post
(We first printed this article in April 1982. By
popular demand, here it is again.)
For those government employees and
bureaucrats who have problems with standard
recipes, here's one that should make the
grade —a classic version of the chocolate chip
cookie translated for easy reading.
Total Lead Time: 35 minutes.
Inputs:
1 cup packed brown sugar
'A cup granulated sugar
'/s cup softened butter
A cup shortening
2 eggs
1% teaspoons vanilla
2% cups all-purpose flour
1 teaspoon baking soda
1h teaspoon salt
12-ounce package semi -sweet
chocolate pieces
1 cup chopped walnuts or pecans
Guidance:
After procurement actions, decontainerize
inputs. Perform measurement tasks on a case -
by -case basis. In a mixing type bowl, impact
AMERICAN INSTITUTES FOR RESEARCH
1055 Thomas Jefferson Street, NW_
Washington, OC 20007
N
MENT
;Ailt*
heavily on brown sugar, granulated sugar,
softened butter and shortening. Coordinate the
interface of eggs and vanilla, avoiding an
overrun scenario to the best of your skills and
abilities.
At this point in time, leverage flour, baking
soda and salt into a bowl and aggregate.
Equalize with prior mixture and develop
intense and continuous liaison among inputs
until well -coordinated. Associate key chocolate
and nut subsystems and execute stirring
operations.
Within this time frame, take action to
prepare the heating environment for
throughput by manually setting the oven
baking unit by hand to a temperature of 375
degrees Fahrenheit (190 degrees Celsius). Drop
mixture in an ongoing fashion from a teaspoon
implement onto an ungreased cookie sheet at
intervals sufficient enough apart to permit total
and permanent separation of throughputs to
the maximum extent practicable under
operating conditions.
Position cookie sheet in a bake situation and
surveil for 8 to 10 minutes or until cooking
action terminates. Initiate coordination of
outputs within the cooling rack function.
Containerize, wrap in red tape and disseminate
to authorized staff personnel on a timely and
expeditious basis.
Output:
Six dozen official government chocolate chip
cookie units.
OEANNA R. SPRINGALL
414 SUMMERVIEW
Address Correction Requested MADISON, AL 35758
KIBS225699
Non -Profit Ong.
U.S. Postage
PAID
Washington, D.C.
Permit No. 1926
slmpl}7
�71}3tQd 55
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING - JULY 17, 1985
I CALL TO ORDER
The Regular Meeting of the Planning and Zoning Commission was called
to order at 7:37 p.m. by Chairman Gregg on July 17, 1985 in the
r— Borough Assembly Chambers.
II ROLL CALL
Commissioners Present:
Ken Gregg, Chairman
Mike Anderson
Tim Hill
Dan James
Marlin Knight
Commissioners Absent:
Fred Patterson
Steve Rennell
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
It was indicated that:
r -Item VI -I will be withdrawn at the request of the applicant.
-Staff requests Item VI-G be tabled in conjunction with the withdrawal
of Item I.
-Item B should be added to Communications.
-Item VI-C will be tabled for an additional public hearing at the next
meeting, at the request of the applicant.
COMMISSIONER HILL MOVED TO APPROVE THE AGENDA AS AMENDED. The motion
was seconded and CARRIED by unanimous voice vote.
r
IV MINUTES OF PREVIOUS MEETINGS:
CHAIRMAN GREGG suggested that on Page 3 under Case 85-035 the two
statements reading "A discussion ensued amongst the Commissioners and
Community Development Department Staff" be elaborated on.
Page 5, Item G, Case 85-039, "Joe Friend" should read Jerrol Friend.
Item J, Case 5-85-022, and Item K, Case 5-85-023, should indicate
whose public hearing notice was read into the record.
Item S, Case 5-85-031, the motion and amended motion should be
reversed.
Under Commissioners' Comments, who seconded the motion to reconsider
Case 85-035 should be noted.
COMMISSIONER JAMES MOVED TO ACCEPT the amended minutes of the June 19,
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.
yjBS2257()0
P & Z Regular Meeting
-1-
July 17, 1985
VI PUBLIC HEARINGS
A) CASE 85-014. Request for an investigation of the rezoning of
Lots 3A through 6, Block 1; Lots 3 through 7, Block 2; Lots 1, 2,
3, and 8, Block 4; Lots 1 through 5 and Lot 11, Block 5; and Lots
lA through 6, Block 6, Miller Point Alaska Subdivision First
Addition from RR1, Rural Residential One, to R1, Single-family
Residential; and
Lots 2 and 8, Block 2; Lots 6 through 10, Block 5,
Miller Point Alaska Subdivision First Addition; and Lots 1
through 8B, Crestview Subdivision, from RR1, Rural Residential
One, to R2, Two-family Residential; and
Lot 7, Block 6, Miller Point Alaska Subdivision
First Addition from RR1, Rural Residential One, to R3, Multi-
family Residential; and
Lots 4, 5, 6, and 7, Block 4, Miller Point Alaska
Subdivision First Addition from RR1, Rural Residential One, to B,
Business, R3--Multifamily Residential, or R2--Two-family
Residential.
BOB PEDERSON indicated that on Page 4, second paragraph under
Summary, of the staff report, "options 1 and 2" should read
"options 2 and 3."
BOB PEDERSON also indicated that 140 public hearing notices were
mailed for this case and six were returned, voicing varying
degrees of approval to specific zones for specific lots.
Lorna -Lee Arndt's response was read into the record.
Regular Session Closed.
Public Hearing Opened:
SCOTT ARNDT stated that Option 3 is the more viable option except
that Lot 7, Block 6, presented as R3 would be more appropriately
zoned R2.
SUE KLEMZAK stated that Option 1 is the most creative plan
r presented, except that R1 has been omitted.
ll ART JOHNSON stated that Option 2 appears to be the best option
except that Business zoning should be along Rezanof Extension
MARY PETERSON stated her preference for Options 1 and 2, respec-
tively, with the addition of R1. Ms. Peterson read a statement
from CORY BARNETT against R3 zoning on Lot 7.
SID COZART stated favor for Options 2 and 3, respectively. He
voiced opposition to any more R3 or Business zoning in the area.
ALMA JACKSON (represented by Mr. Cozart) is of the same opinion.
CRAIG JOHNSON, representing TOM MILLMAN, stated his desire for R3
zoning and preference for Option 1.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER JAMES MOVED TO REZONE Crestview Subdivision, Lots 1
through 8B, to R2. Miller Point Alaska Subdivision, Lots 1
through 8, Block 2; Lots 1, 2, 3, and 8, Block 4; Lots 1 through
11; and Block 5; and Lots 4, 5, and 6, Block 6, to R2. Lots 2
through 6, Block 1, to R1. Lots 1 through 3, Block 6, to R1.
Lot 7, Block 6, to R3. Lots 4, 5, 6, and 7, Block 4, to
Business. The motion was seconded and CARRIED by unanimous roll
call vote.
CHAIRMAN GREGG pointed out that this case will proceed to the
August meeting of the Borough Assembly for the first reading.
The September meeting will be the public hearing at the Assembly
level.
B) CASE 85-025. Request for an exception from Section 17.17.020
(Permitted Uses) of the Borough Code to allow gravel and rock
extraction in an RR1, Rural Residential One, district;
Request for a,variance from Section 17.17.040 (Area
Requirements) and Section 17.17.050 (Yards) to permit the
P & Z Regular Meeting -2- KIBS225701 my 17, 1985
creation of lots that only meet the R1, Single-family
Residential, district requirements in the RR1, Rural Residential
One, district; and
Preliminary subdivision (5-85-042) that vacates and
replats Lots 1 and 2, Block 6, Miller Point Alaska Subdivision;
Lots 1, 7, and 8, Block 9, Miller Point Alaska Subdivision First
Addition; Lots 1, 2 and 3, Block 10, Miller Point Alaska Subdivi-
sion First Addition; and Lots 6, 7, 8, 9, and 10, U.S. Survey
3464, creating forty-four (44) new lots. (Michael O'Leary/
Kodiak Contractors Inc.)
The purpose of these requests is to allow the
developer the opportunity to extract material from the lots
cited, recontouring the lots into a development with sewer,
water, and road access and new lots that are smaller than is
currently allowed in the RR1, Rural Residential One, district.
BOB PEDERSON indicated that reduced sets of plans are in the
Commission's handouts, that 13 property owners and one building
owner on Island Lake Peninsula did not receive public hearing
notices but as many as possible were contacted by phone, and that
83 public hearing notices were mailed for this case and four were
returned, three in objection and one in support of the request.
DAVE CROWE indicated that a response from Kodiak Electric
Association was included in the Commission's handouts.
Regular Session Closed.
Public Hearing Opened:
LINDA FREED read Dan Ogg's public hearing notice into the record.
CHRIS MORRISON, President of Kodiak Contractors, Inc., speaking
on behalf of Mr. O'Leary and Mr. Menzies, stated his support of
these requests.
A question -and -answer period took place between the Commissioners
and Chris Morrison.
PAT SZABO presented two petitions to the staff, one opposing the
variance request and one opposing the exception request, and
stated that the requests do not meet Borough ordinances.
LOU SCHNEIDER, MARTHA McKINNEY, ED KOZAK, AND BRIDGETTE OSKOLKOFF
appeared before the Commission to state opposition to these
requests.
KRISTIN JOHNSON read letters from her husband and herself
opposing these requests into the record.
LINDA WAGNER spoke against both requests. Ms. Wagner requested
that all those in the audience opposed to the requests stand, and
a count revealed 30 people in opposition to these requests.
CHUCK HUGHES, OKEY CHANDLER, SID PRUITT, SHIRLEY PRUITT, LOUIS
WAGNER, JIM PETERSON, SID PRUITT, SR., FRED TURCOTT, BERNIE
MEYER, PAT SCHNEIDER, ELLEN ROSS, AND JIM APPERSON stated
opposition to these requests.
Public Hearing Closed. KIBS225702
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT VARIANCES from Section
17.17.040 (Area Requirements) and Section 17.17.050 (Yards) of
the Borough Code for Lots 1 and 2, Block 6, Miller Point Alaska
Subdivision; Lots 1, 7, and 8, Block 9, Miller Point Alaska
Subdivision First Addition; Lots 1, 2 and 3, Block 10, Miller
Point Alaska Subdivision First Addition; and Lots 6, 7, 8, 9, and
10, U.S. Survey 3464, in order allow the creation of 44 lots as
shown on the development plan, 38 of which fail to meet the
20,000 square foot minimum lot size requirement for lots in the
RR1 district that are served by public utilities. The motion was
seconded and FAILED by unanimous roll call vote.
COMMISSIONER JAMES MOVED TO ADOPT findings contained in the
Community Development Department staff report dated July 9, 1985
P & Z Regular Meeting -3- July 17, 1985
as "findings of fact" for this case, plus adverse testimony as a
final finding of fact:
F
kv
2
3.
or intenaea use o
use aistrict
or conditions
The area under consideration contains steep slopes insome
areas, and some lots have cliff faces resulting from prior
rock extraction. These conditions are not unique character-
istics in the surrounding area that would justify a variance
to the minimum lot size requirements of the RR1 district.
Strict application of the
uractical difficulties or
would result in
Strict application of the 20,000 square foot lot area
requirements would not allow the subdivision as proposed to
take place. This does not create a hardship, however, as
the property could be developed with 20,000 square foot lot
sizes. Rather than granting a variance to the minimum lot
size requirements, an appropriate action would be to rezone
the property to a classification that permits the lot sizes
desired by the applicant.
of the variance will not
damages or prejudice to other properties in the vicinity nor
be detrimental to the public's health, safety, and welfare.
Granting of the variance will allow an increase in the
density of the area that would not occur otherwise. Also,
granting a variance would set a precedent for other
variances in the RR1 district without first applying for a
rezone of the property.
4. The granting of the
objectives of the C
�i
the
Granting of the variance will not be contrary to the objec-
tives 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 hardshiD from which relief is
In this case, actions of the applicant will cause the
conditions from which relief is being sought by a variance.
If gravel and rock are extracted from the site, it will be
essentially level. This action will eliminate any potential
physical hardship in development of the area. Development
of 20,000 square foot lots might present an inconvenience or
pecuniary hardship to the applicant, but under Title 29,
Alaska Statutes, inconvenience and pecuniary hardship are
not justifiable grounds for the granting of a variance.
6. That the granting of the variance will not p
prohibited land use in the district involved
Residential use is permitted in this district.
r 7. Adverse testimony.
ll The motion was seconded and CARRIED by unanimous voice vote.
COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section
17.17.020 (Permitted -Uses) of the Borough Code to allow rock
extraction in the RR1--Rural Residential One District subject to
the conditions outlined below, on Lots 1 and 2, Block 6, Miller
Point Alaska Subdivision; Lots 1, 7, and 8, Block 9, Miller Point
Alaska Subdivision First Addition; Lots 1, 2, and 3, Block 10',
Miller Point Alaska Subdivision First Addition; and Lots 6, 7, 8,
9, and 10, U.S. Survey 3464, and to adopt the findings contained
in the Community Development Department's staff report of July 9,
P & Z Regular Meeting
-4. KIBS225703 July 17, 1985
1985 as "findings of fact" for this case, plus adverse testimony
as a final finding of fact. The motion was seconded and FAILED
by majority roll call vote, with Chairman Gregg casting the
assenting vote.
1. The proposed use will endanger the public's health, safety,
or general welfare since rock extraction in a residentially
zoned area will result in blasting, noise, dust, trucks and
other heavy equipment using roads intended for residential
access, an increased potential for erosion, increased
runoff, and general disruption to the residential nature of
the surrounding area.
r2. Theproposed use will be inconsistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.17, the RR1--Rural
Residential One District.
3. The proposed use will adversely impact other properties in
the area. As identified in A above, rock extraction results
in blasting, noise, dust, disruption, traffic safety
concerns, and potential runoff and erosion problems. All of
the above would adversely impact other properties in the
area.
4. Adverse testimony.
COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL for Case
5-85-042 and Case 85-025 subdivisions subject to the conditions
set forth in the Borough Engineer's July 10, 1985 memo, with the
exception that condition number three be struck and reword number
four to read "lot sizes be adjusted to 20,000 square feet or
larger."
COMMISSIONER JAMES withdrew his motion and changed it to read
MOVE TO RETURN Case 5-85-042 to the subdivider to 1) conform to
Borough Code requiring 20,000 square foot lots; to 2) cut back on
the amount of gravel extraction; and 3) cut back the amount of
time required to complete the subdivision. The motion was
seconded and CARRIED by unanimous roll call vote.
C) 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 Mr. Lowenberg requested that this
case be postponed and that 20 public hearing notices were mailed
for this case and four were returned, two objecting the request
and two favoring the request.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO TABLE this case until the August
public hearing. The motion was seconded and CARRIED by unanimous
roll call vote.
D) 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 36 public hearing notices were mailed
for this case and six were returned, two in favor and four
opposed to the request.
KIBS225704
P & Z Regular Meeting -5 July 17, 1985
Regular Session Closed.
Public Hearing Opened:
FATHER JOSEPH KRETA spoke in favor of the request.
JACK MANN expressed strong favor for the request, and a discus-
sion ensued amongst himself, the Commissioners, and Community
Development Department staff.
JACK MCFARLAND spoke in favor of the request.
JAY JOHNSTON, although recognizing the need for more business -
zoned property in the area, voiced objection to the request
because of the traffic problems created by such a rezone.
A discussion ensued amongst the Commissioners, Community Develop-
ment Department staff, and Jack Mann.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO TABLE this case until the August
public hearing pending information from the City of Kodiak. The
motion was seconded and CARRIED by voice vote.
COMMISSIONER HILL MOVED to continue the meeting until 11:45. The motion
was seconded and CARRIED by unanimous voice vote.
E) CASE 85-044. Request for a conditional use permit in accordance
with Section 17.67.020 of the Borough Code to permit the
construction of a business structure that will contain a single-
family residence that will not exceed 50 percent of the area of
the structure. Lots 25 and 26, Block 1, Airpark Subdivision;
1517 Mill Bay Road. (Fred Ducolon)
BOB PEDERSON indicated that 38 public hearing notices were mailed
for this case and one was returned, voicing objection to the
r request.
Regular Session Closed.
Public Hearing Opened:
FRED DUCOLON spoke in favor of the request.
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 for a
single-family residence that will not exceed 50 percent of the
area of the structure to locate within a commercial structure on
Lots 25 and 26, Block 1, Airpark Subdivision, and to adopt the
findings contained in the Community Development Department staff
report of July 8, 1985 as "findings of fact" for this case. The
motion was seconded.
COMMISSIONER JAMES MOVED TO AMEND the motion so that the
residence will retain its secondary nature to the building and be
located on the second story of the structure. The amendment was
seconded and CARRIED by unanimous roll call vote.
1. That the conditional use will preserve the value
and
area.
It appears that the proposed use meets all the standards for
a single-family residence within a commercial structure.
The residence will occupy 600 square feet of the 8,600
square foot commercial building. A residence of this size
should not detract from the business use of this and
surrounding properties. The value, spirit, character, and
integrity of the surrounding area will be maintained.
KIBS225705
P & Z Regular Meeting
July 17, 1985
eil
tional use
The proposed use will fulfill all other requirements of
Chapter 17.21 (Business District). It should also be noted
that six of the required 24 parking spaces will be located
inside the commercial portion of the building.
3. That granting the conditional use permit will not be harmful
to the public health, safety, convenience, and comfort.
The proposed use will marginally increase traffic in the
area, but not to an extent that would detract from the
commercial use of the site. The proposed use should not be
harmful to the public health, safety, convenience, or
comfort if all building, fire, and plumbing codes are met
and performance standards for groundcover, lighting, and
screening are complied with (Section 17.21.050).
4. That sufficient setbacks, lot area, buffers
safeguards are being provided to meet the c
in subsections A throuch C of this section.
Sufficient area is available on this lot for the structure,
off-street parking, setbacks, and buffers. Provision of
these items will be ensured through zoning compliance at the
time of building permit application.
The main motion as amended CARRIED by unanimous roll call vote.
F) CASE 85-038. Request for a variance from Section 17.17.050
(Yards) to permit a single-family residence to encroach 7 feet
into the required 40-foot rear yard setback in an RR1, Rural
Residential One, district,
and a request for a variance from Section 17.36.070
(General Provisions) to permit an increase in the cubical content
of an existing nonconforming structure in an RR1, Rural Residen-
tial One, district. Lot 5B, Block 3, Bells Flats Alaska Subdivi-
sion; 782 Sargent Creek Road. (Royal Large)
BOB PEDERSON indicated that a copy of the as -built survey is
included in the Commissioners' handouts and that 22 public
hearing notices were mailed for this case and three were
returned, one in favor and two opposed to the request.
Regular Session Closed.
Public Hearing Opened:
ROYAL LARGE appeared before the Commission to speak in favor of
this request.
A discussion ensued amongst the Commissioners and Mr. Large.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section
17.36.070 of Borough Code to permit the expansion of the cubical
content of an existing nonconforming structure on Lot 5B, Block
3, Bells Flats Alaska Subdivision, in order to construct a 2400
square foot single-family residence on the existing foundation.
The motion was seconded and CARRIED by unanimous roll call vote.
COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section
17.17.050 of the Borough Code to permit a single-family residence
to encroach 7 feet into the required 40-foot rear yard setback of
the RR1--Rural Residential One District on Lot 5B, Block 3, Bells
Flats Alaska Subdivision. The motion was seconded and CARRIED by
unanimous roll call vote.
COMMISSIONER HILL MOVED TO ADOPT the findings of fact as per the
Community Development Department's staff report of July 8, 1985.
The motion was seconded and CARRIED by unanimous voice vote.
KIBS225706
P & Z Regular Meeting -7- July 17, 1985
Findings of fact for variance from Section 17.36.070
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.
The unique condition applicable to this lot is the old
military foundation of approximately 9,500 square feet.
This foundation is a valid nonconforming structure that, due
to its size, does not conform to the RR1 district setbacks.
Any addition to this foundation will expand its cubical
content. c ^Y "
2. Strict application of the zoning ordinances would result in
-...Z4--1 Ai 4F,-144e nn c r cccary hAra ah ina_
The strict application of the nonconforming structure
section would not allow any construction on the existing
foundation to take place. Removal of the foundation would
be an extremely costly and cumbersome undertaking. This
would result in practical difficulties and unnecessary
hardship.
3. The granting of the variance will not result in
damages or preiudice to other properties in the
to the public's health, safety, and welfare.
Granting of the variance for expansion of the cubical
content of the foundation will not damage or be prejudicial
to other properties in the area. The public health, safety,
and general welfare will not be compromised.
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
r objectives of the comprehensive plan which identifies this
fl area for rural residential development.
5. That actions of the applicant did not cause special
rnnditions or financial hardship from which relief is bein
Actions of the applicant did not cause the special condition
from which relief is being sought by a variance. The
existing foundation was in place at the time the lot was
purchased.
6. That the granting of the variance will not pe
nrnhihitad land use in the district involved.
Single -family -residential use is permitted in this district.
Findings of fact for variance from Section 17.17.050
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.
The unique conditions applicable to this lot are the old
military foundation and Sargent Creek. The platted property
line along Sargent Creek is the mean high water line. This
meandering property line creates an extenuating physical
circumstance that justifies a variance.
KIBS225707
P & Z Regular Meeting -8- July 17, 1985
2. Strict application of
3.
Strict application of the setback requirements would result
in practical difficulties and unnecessary hardship. The
existing foundation creates a physical hardship and an
inconvenience.
of the
to
to the public's
result in
es in the
welfare.
The granting of the variance will not result in material
damages or be prejudicial to other properties in the
vicinity and will not be detrimental to the public's health,
safety, or general welfare. The setback encroachment is on
the creek side of the lot and not nearby other residences.
The lot also abuts public lands and Sargent Creek Road.
4. The granting of the variance will not be contrary to the
5.
The granting of the variance will not be contrary to the
objectives of the comprehensive plan.
of the
ial
cause
is
Actions of the applicant did not cause the old military
foundation to be placed on the lot.
6. That the
land use
will not pe
:t involved.
Single -family -residential use is permitted in the RR1
district.
G) CASE 85-045. Request for a variance from Section 17.18.040 (Area
Requirements) of the Borough Code to permit the creation of a lot
in the R1--Single-family Residential District that does not meet
the minimum area requirements. The lot will be created by the
removal of two existing trailers from the Harding Trailer Court.
Lot 1, U.S. Survey 3099; 353 South Benny Benson Drive. (Leroy
Blondin and Beverly Jones)
BOB PEDERSON indicated that Mr. Blondin has decided to pursue an
alternative development option which will require a different
variance. It would, therefore, be appropriate to table this
request and renotify for the new variance and public hearing at
the August meeting. There were 48 public hearing notices were
mailed for this case and three were returned, two in favor and
one against the request.
Regular Session Closed.
Public Hearing Opened:
LORNA STEELMAN opted to wait and see what the request is next
month.
LINDA FREED explained that Mr. Blondin is now requesting to take
the existing trailer in which he now lives off the lot and put a
new trailer on that would be larger than the existing trailer. A
variance will be necessary because current required setbacks for
a mobile home park will not be satisfied when the new larger
trailer is put on the lot.
Ms. Steelman then stated that she was opposed to any variance to
the area requirements, feeling that Borough Code requirements
should be met.
OKEY CHANDLER stated that he is opposed to the request.
Public Hearing Closed. KI$S22S7O8
Regular Session Opened:
P & Z Regular Meeting -9- July 17, 1985
COMMISSIONER HILL MOVED TO TABLE this case until the August
public hearing. The motion was seconded and CARRIED by unanimous
voice vote.
H) CASE 85-046. 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 existing roof in the R3,
Multifamily Residential, district. Lot 10, Block 14, Kodiak
Townsite Addition; 212 Hillcrest Street South. (J. Steven
Hansen)
BOB PEDERSON indicated that 26 public hearing notices were mailed
for this case and three were returned, all in favor of the
request.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section
17.36.070 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 existing roof in an R3--Multifamily
Residential District. Lot 10, Block 14, Kodiak Townsite
Addition; 212 Hillcrest Street South, and to adopt the findings
of fact as per the Community Development Department staff report
dated July 8, 1985. The motion was seconded and CARRIED by
unanimous roll call vote.
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
r use district.
Lot 10, Block 14, Kodiak Townsite Addition, was platted as a
3,712 square foot lot. This is well below the 8,000 square
foot minimum lot size for a 5-plex. Also, the existing
structure is 50 feet wide, situated on a 64-foot-wide lot.
This means that any additions or expansions to the existing
structure will require a variance. Lot 10 is one of the
smallest lots in Block 14 of Kodiak Townsite. In this case,
the unique physical conditions are the substandard lot size
and the nonconforming structure located on the lot.
2. Strict application of the zoning ordinances would result in
i---- -- ------------
The strict application of the zoning ordinance would not
allow the roof to be raised, only replaced. This would
create a hardship as the lot has unique physical conditions
that justify a variance.
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.
Granting of the variance will not result in material damage
r or prejudice to other properties in the area. The overall
1 height of the building will not change, and potential ocean
views will not be blocked. No increase in the number of
units will occur.
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.
KIBS225709
P & Z Regular Meeting -10- July 17, 1985
5. That actions of the app
conditions or financial
sonaht by the variance.
relief is
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 1942 and only purchased
by the applicant in 1984. The lot was created prior to the
existing subdivision ordinance.
6. That the granting of the variance will not permit a
prohibited land use in the district involved.
rMultifamily residential land uses are permitted in this
district.
I) Case S-85-034 - withdrawn.
J) CASE S-85-035. Preliminary subdivision of Lot 1A, Block 2,
Shahafka Acres Subdivision, U.S. Survey 3218, to Lots 1A-1 and
IA-2. (Toivo Lahti)
DAVE CROWE indicated that the applicant had submitted a revised
subdivision plan which was included, along with a memo, in the
Commissioner's handouts. Thirty-two public hearing notices were
mailed for this case and none were returned.
Regular Session Closed.
Public Hearing Opened:
TOIVO LAHTI spoke in favor of his request.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT A PRELIMINARY SUBDIVISION of Lot
1A, Block 2, Shahafka Acres Subdivision, U.S. Survey 3218, to
r Lots 1A-1 and IA-2, per the conditions of the Borough Engineer:
1. That the existing structure be relocated to meet required
setbacks;
2. That the applicant install water and sewer service to the
flag lot;
3. That the building setback line for the flag lot be
established 25 feet from the rear of Lot 1A-1; and
4. Relocate existing accessory building to meet required
setbacks.
The motion was seconded and CARRIED by majority roll call vote,
with Commissioner James casting the dissenting vote.
K) CASE S-85-036. Preliminary subdivision of Lot 2, Block 7,
Woodland Acres Subdivision Fourth Addition, to Lots 2A and 2B for
zero -lot -line development. (R.T. Ryan)
DAVE CROWE indicated that 22 public hearing notices were mailed
out for this case, and none were returned.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed. KIBS225710
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL for Case
S-85-036, subdivision of Lot 2, Block 7, Woodland Acres Subdivi-
sion Fourth Addition, to Lots 2A and 2B for zero -lot -line
development. The motion was seconded and CARRIED by unanimous
roll call vote.
L) CASE S-85-037. Preliminary subdivision of Lot 6A, Block 10,
Miller Point Alaska Subdivision First Addition, to Lots 6A-1 and
6A-2. (Dan Hansen and Kristie Lou Hansen)
P & Z Regular Meeting -11- July 17, 1985
DAVE CROWE indicated that the applicant has submitted the
as -built which is included in the Commissioners' handouts.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER HILL MOVED TO GRANT FINAL APPROVAL for Case
r. 5-85-037, subdivision of Lot 6A, Block 10, Miller Point Alaska
Subdivision First Addition, per the conditions set forth by the
Borough Engineer in his memo dated July 17, 1985:
1. Show Basis of Bearing on final plat;
2. Install new water and sewer services to Lot 6A-1;
3. Connect trailer on Lot 6A-2 to existing water and sewer
services;
4. Pump and fill existing septic tank;
5. Show temporary water service easement for Lot 1, Block 7,
Miller Point Alaska Subdivision, First Addition;
6. Show a five-foot electrical easement along Lilly Drive and
an easement for the existing down guy.
The motion was seconded and CARRIED by unanimous roll call vote.
M) CASE 5-85-039. Preliminary subdivision of a parcel of unsurveyed
land lying within protracted sections 1 and 2, T27S, R21W, S.M.,
Alaska, to Lots 1-12, Anton Larsen Bay Estates. (Ouzinkie Native
Corporation)
DAVE CROWE indicated that Kodiak Electric Association has
submitted requests for a ten -foot -wide electrical easement along
the road right-of-way and ten -foot -wide utility easements on both
sides of all lot lines.
Regular Session Closed.
Public Hearing Opened:
Seeing none.
Public Hearing Closed.
Regular Session Opened:
COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL of Case
5-85-039, subdivision of Anton Larson Bay Estates per the
following conditions:
1. Provide a ten -foot -wide electrical easement along the road
right-of-way; and
2. Provide ten -foot -wide utility easements on both sides of all
lot lines.
The motion was seconded and CARRIED by unanimous roll call vote.
N) CASE 5-85-040. Preliminary subdivision of proposed Lot 9 of the
vacation and replat of Lots 16, 17, and 18, U.S. Survey 3101, to
Lots 1, 2, 11, and 12. (Tony Perez)
r-- DAVE CROWE indicated that 33 public hearing notices were mailed
out for this case, and none were returned.
Regular Session Closed.
Public Hearing Opened:
TONY PEREZ spoke in favor of his request.
Public Hearing Closed.
Regular Session Opened:
KIBS225711
COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL for Case
5-85-040, subdivision of proposed Lot 9 of the vacation and
P & Z Regular Meeting -12- July 17, 1985
replat of Lots 16, 17, and 18, U.S. Survey 3101. The motion was
seconded and CARRIED by unanimous roll call vote.
O) Case 5-85-041 - withdrawn.
VII OLD BUSINESS
A) Reconsideration of CASE 85-035. An appeal of an administrative
decision in accordance with Section 17.68.020(B) (Appeals from
Administrative Decisions) of the Borough Code regarding a deci-
sion about the use of an R2--Two-family Residential, lot for a
home occupation, limited use of the lot for the property owners'
"Rent -a -Heap" and "Airporter Bus" activities. Lot 5, Block 13,
Ij Aleutian Homes Subdivision; 513 Carolyn Street (Property owners:
Gary and Stacy Peterson/Appellant: Russell Olin)
LINDA FREED reconstructed what happened regarding this case at
the June 19 meeting:
1. The Commissioners were given a memo the night of the meeting
that clarified the administrative decision that was included
in the staff report. That clarification became part of the
original administrative decision, so that any decision made
by the Commission would include the memo that was given to
them that night.
2.
The Commission made a motion that basically followed the
recommendation of the staff report to grant an appeal
pursuant the the appropriate sections. The Commission voted
to deny that appeal.
3.
The findings of fact were based on the recommended four,
revising number four to say that "the Airporter Bus, when
parked off the street, as a home occupation will not
generate other than normal vehicular traffic on streets
serving residents on those streets."
4.
The Commission was silent on the Rent -a -Heap business;
therefore, the administrative decision stands as outlined in
both the letter and the subsequent memo.
r 5.
Under Commissioners' Comments, there was some discussion
about the action of the Commission. It was moved by Tim
Hill and Seconded by Mike Anderson to reconsider this item
at the July meeting.
6.
The case should not be discussed until the reconsideration
is voted on.
The June 19, 1985 motion to reconsider was CARRIED by unanimous
roll call vote.
COMMISSIONER HILL MOVED TO DIRECT STAFF to check out the home
occupation of the Rent -a -Heap business on Carolyn Street in six
months and to report to the Commission as to whether business is
being conducted as directed. The motion was seconded and CARRIED
by unanimous roll call vote.
B) Findings of Fact for the denial of CASE 85-037. Request for an
exception from Section 17.17.020 (Permitted Uses) of the Borough
Code to permit a 24-unit multiple -family dwelling on a lot in the
RR1, Rural Residential One, district. Lot 7, Block 6, Miller
Point Alaska Subdivision First Addition; 384 Lilly Drive.
(Thomas S. Millman)
1. The proposed use will potentially endanger the public's
health, safety, or general welfare, since the proposed use
is a material increase in the permitted density of the RR1
district. The use will also sustantially increase traffic
on Lilly Drive, which is not an arterial road.
2. The proposed use will be inconsistent with the general
purposes and intent of Title 17 and with the specific
description and intent of Chapter 17.17, the RR1--Rural
Residential One District. A 24-unit housing complex will be
out of character on a lot intended for low -density,
large -lot, single-family residential uses.
3. The proposed use could potentially adversely impact other
properties in the area. The area is currently in the
P & Z Regular Meeting -13 KI13S225712 July 17, 1985
process of a major rezone, and an exception would be
inappropriate until such time as the rezoning issues are
resolved.
C) Findings of Fact for the approval of CASE 85-039. Request for an
exception from Section 17.18.020 (Permitted Uses) of the Borough
Code to permit an existing welding business in an R1, Single-
family Residential, district. Lot 3, Block 3, Island Lake
Subdivision; 3246 Ptarmigan Pass. (Lyle K. LaMont)
1. The proposed use will not endanger the public's health,
safety, or general welfare, since the conditions of approval
adeuately address concerns of storage of hazardous materials
and potential traffic and parking problems in a residential
area.
2. The proposed use will not interfere with the development or
continuation of single-family dwellings in the district,
will not generate other than normal vehicular traffic on
streets serving residents on those streets, and will not
create requirements for increased public services.
3. The proposed use should not adversely impact other
properties in the neighborhood. The conditions of approval
ensure that the use will be compatible with on -site
characteristics and surrounding land uses.
D) Findings of fact for the approval of CASE 85-041. Request for a
variance from Section 17.17.040 (Area Requirements) of the
Borough Code to permit the creation of a lot in the RR1, Rural
Residential One, district that does not meet the minimum area
requirements. Lot 6, Block 10, Miller Point Alaska Subdivision
First Addition; 713 Lilly Drive. (Dan and Kristi Hansen)
1. Exceptional physical circumstances or conditions appl
to the DroDerty or intended use of development, which
to other
r use district.
Exceptional physical circumstances and conditions exist on
this lot which do not generally apply to other properties in
the same RR1 district. The lot has two natural level
building sites separated by a hillside, each served by an
independent driveway. The original lot contained 40,946
square feet and is presently below 40,000 square feet
through correction of a property encroachment.
2. Strict application of the
Strict application of the zoning ordinance will result in
practical difficulties and unnecessary hardship. The
subdivision could not take place, creating an unnecessary
hardship to the property owner.
3. The granting of the variance will not result in material
damages or prejudice to other properties in the vicinity nc
be detrimental to the public's health, safety, and welfare.
Granting this variance will not result in material damage or
prejudice to other properties in the vicinity or be detri-
mental to the public's health, safety, and welfare.
r Granting a variance when justified for physical circum-
stances does not set a precedent for other variances on
surrounding lots. The permitted density will not be
materially increased, and each lot will have individual
sewer and water services.
4. The granting of the variance will not be contrary to the
Granting of the variance will not be contrary to the
objectives of the comprehensive plan which identifies this
area for medium -density residential development.
P & Z Regular Meeting -14• KIBS225713 7uly 17, 1985
5. That actions of the applicant did not
1 hardshio from which relief is
In this instance, actions of the applicant did not cause the
special conditions from which relief is being sought. A
previous owner caused the lot to be substandard in size by
creating a lot with a property encroachment that
subsequently was corrected through a replat.
6. That the granting of the variance will not permit a
Granting of the variance will not allow a land use that is
not permitted in this zoning district.
E) Findings of Fact for the approval of CASE S-85-025. Preliminary
subdivision of Lots 7, 8, and 9, Block 4, Killarney Hills
Subdivision, to Lots 7A, 7B, 8A, 8B, 9A, and 9B, Block 4,
Killarney Hills Subdivision, U.S. Survey 3218, for zero -lot -line
development. (Terrance Lee Brauner)
1. The subdivision meets all Kodiak Island Borough Island
Borough code requirements (Title 16, Subdivisions, and Title
17, zoning, for a zero -lot -line development.
COMMISSIONER JAMES MOVED TO APPROVE FINDINGS OF FACT for cases B, C,
D, and E above as presented by the Community Development Department.
The motion was seconded CARRIED by unanimous roll call vote.
F) CASE 5-83-050. Final subdivision of Lot 3, Block 2, Bells Flats
Alaska Subdivision, to Lots 3A through 3H. (Roberta Lochman)
DAVE CROWE indicated that there was no new information.
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case
5-83-050, subdivision of Lot 3, Block 2, Bells Flats Alaska
r Subdivision, per the four conditions of the Borough Engineer:
1. That ADEC sanitation approval is received;
2. That easements requested by KEA are shown;
3. That electrical service line to the existing dwelling is
relocated within the easement; and
4. That radial bearings for Kalsin Drive be shown at each
corner of Lot 3.
The motion was seconded and CARRIED by unanimous roll call vote.
G) CASE 5-84-050. Final subdivision of Lots 16, 17, and 18, U.S.
Survey 3101, to Lots 1 through 15, Arlene Way, and Tona Lane,
Tona Subdivision. Anthony Perez)
DAVE CROWE indicated that there was no new information on this
case.
COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL for Case
5-84-050, subdivision of Lots 16, 17, and 18, U.S. Survey 3101,
Tona Subdivision, per the conditions of the Borough Engineer:
1. Show basis of bearing on the plat;
2.
Change bearing of line between Lot 9 and Lot 10 to
S38002'00"W; and
r
3.
Provide documentation showing that the
owner of Lot 15A has
granted a construction and maintenance
easement.
Also,
for Case 5-85-040, Mr. Perez move the
building on Lot 9 so
that
it meets all the setback requirements.
The motion was
seconded and CARRIED by unanimous roll call
vote.
VIII NEW BUSINESS
There was no New Business.
KIBS225714
P & Z Regular Meeting -15- July 17, 1985
IX COMMUNICATIONS
A) LINDA FREED read a letter to the City of Kodiak from the
Community Development Department regarding the appeal of Case
85-004.
B) Letter to the Petersons re: Parking of Rent -a -Heap vehicles on
Lot 18, Sublet 7, Thorsheim Subdivision, in a B--Business
district.
COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT of the two communica-
tions in their packet. The motion was seconded and CARRIED by
r-- unanimous voice vote.
rl—
X REPORTS
A) Status Report from the Community Development Department.
B) LINDA FREED noted that Gordon Gould started as the new Assistant
Planner/Zoning Officer on Monday, July 15.
C) LINDA FREED indicated that there would be a Parks Board meeting
on Monday, July 22, 1985, at 7:30 p.m.
XI AUDIENCE COMMENTS
TONY PEREZ mentioned that the Commission has put themselves "in a box"
regarding Case 85-043, rezoning of Tract G, U.S. Survey 444, to
B--Business, because of the road situation.
XII COMMISSIONERS' COMMENTS
MARLIN KNIGHT indicated that he is getting confused over the staff
reports because Bud Cassidy recommended granting so many exceptions
and Bob Pederson seems to be just the opposite.
COMMISSIONER JAMES questioned traffic patterns concerning the Miller
Point rezoning and suggested that perhaps Community Development
Department staff could contact the Department of Transportation
concerning lowering the speed limit on Rezanoff.
CHAIRMAN GREGG questioned whether a formal interpretation of majority
vote needed to be addressed. LINDA FREED informed him that the
present interpretation will continue to be used and that the
Commission will be provided with amended bylaws to delete the
conflicting clause.
XIII ADJOURNMENT
CHAIRMAN GREGG adjourned the meeting at 12:15 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
n Ken Gregg, Chai
ATTEST BY: T�✓�
Patricia Miley, lanning Secretary
DATE APPROVED: g I a) I
A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH
COMMUNITY DEVELOPMENT DEPARTMENT
gIBS225715
P & Z Regular Meeting
-16-
July 17, 1985
