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1985-06-19 Regular MeetingF F F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - JUNE 19, 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 19, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Mike Anderson Tim Hill Dan James Marlin Knight Commissioners Absent: Steve Pennell (excused) Fred Patterson (excused) III APPROVAL OF AGENDA COMMISSIONER ANDERSON M seconded and CARRIED by IV MINUTES OF PREVIOUS MEETINGS: Others Present: Linda Freed, Director Community Development Department Bob Pederson, Assistant Planner/ Zoning Officer, Community Development Department Ann Moen, Secretary, Engineering Department Patricia Miley, Secretary Community Development Department APPROVE THE AGENDA. The motion was ins voice vote. COMMISSIONER JAMES MOVED TO APPROVE the minutes of the May 15, 1985 Planning and Zoning Commission meeting per a check of the tape concerning Mr. Hill's comment with regard to Item J, Case 85-029. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 85-014. Request for an investigation of the rezoning of Lots 3A through 6, Block 1; Lots 3 through 7, Block 2; Lots 1 through 8, Block 4; Lots 1 through 5 and Lot 11, Block 5; and Lots IA 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. LINDA FREED indicated that the Commission had been provided information on the lot, block, and subdivision of those people who signed a petition that was in their packet last week. Regular Session Closed. Public Hearing Opened: PAT BRIGGS appeared before the Commission to voice his objection to the rezoning of Lot 6, Block 7, to R3. KIBS225679 P & Z Regular Meeting -1- June 19, 1985 SCOTT ARNDT appeared before the Commission to voice his support for the rezoning of Lot 2, Block 2, and other areas marked for R2, and his objection to the rezoning of Lot 7 from RR1 to R3. MARY JANE LONGRICH appeared before the Commission to voice her objection to the rezoning of Lot 7, Block 6, to R3 and the rezoning of Lots 5 and 6, Block 4, to R1. MARY PETERSON appeared before the Commission to request that the R3 request be tabled until Lots 4 and 7, Block 4, are rezoned. LORNA ARNDT appeared before the Commission to voice her support of all rezoning requests except Lot 7, Block 6, to R3. SUE KLEMZAK appeared before the Commission to request that Lots 5 and 6, Block 4, be tabled until the rest of the area is rezoned. SID COZART, owner of Lot 8, Block 5, appeared before the Commis- sion to object to the R3 rezoning on Lot 7. Mr. Cozart also spoke for Mrs. Jackson, owner of Lots 6, 7, 9, and 10, Block 5, who also objects to the R3 rezoning. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO REMOVE THE CASE FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER ANDERSON questioned whether the petition signers were property owners in the area. COMMISSIONER HILL MOVED TO TABLE THE CASE until next month for an additional public hearing. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners and Community Development Department staff. B) CASE 85-037. A 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) LINDA FREED indicated that the Commissioners received one addi- tional public hearing notice that is opposed to the exception request. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON, RICK BRUSH, BOB CHEVALIER, and TOM MILLMAN appeared before the Commission in support of this request. MARY PETERSON, PAT BRIGGS, SCOTT ARNDT, SUE KLEMZAK, MARY JANE LONGRICH, LORNA ARNDT, ANN MOEN, and SID COZART (also repre- senting Alma Jackson) appeared before the Commission to voice their objection to this request. Public Hearing Closed. Regular Session Opened: r A discussion ensued amongst the Commissioners. COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a 24-unit multiple -family development on a lot in an RR1 district. Lot 7, Block 6, Miller Point Alaska Subdivision First Addition; 384 Lilly Drive. The motion was seconded and FAILED by majority roll call vote, with Commissioner Knight casting the yes vote. C) CASE 85-034. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to allow a temporary fire- works stand in an R2, Two-family Residential, district, Tract Cl, U.S. Survey 1682; 3472 Rezanof Drive East. (Les Seaton) P & Z Regular Meeting -2' KIBS225680 June 19, 1985 LINDA FREED indicated that there was no additional information for the Commissioners. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT AN EXCEPTION from Section 17.19.020 of the Borough Code to allow a temporary fireworks stand in an R2, Two-family Residential, district, Tract Cl, U.S. Survey 1682. The motion was seconded and CARRIED by unanimous roll call vote. D) CASE 85-035. An appeal of an administrative decision in accor- dance 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) LINDA FREED indicated that the Commissioners had received one additional memo clarifying the administrative decision as out- lined in a letter of April 16 from Mike Steele to the Petersons. Regular Session Closed. Public Hearing Opened: RUSSELL OLIN appeared before the Commission to voice support for the appeal, objecting to the administrative decision. GARY PETERSON appeared before the Commission to voice objection r to the appeal, supporting the administrative decision. A discussion ensued amongst the Commissioners and Gary Peterson. LORNA ARNDT appeared before the Commission to voice support for the appeal. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL stated that he felt Rent -A -Heap is not a home occupation and that the office ought to be moved to the rented space on Mill Bay Road. Mr. Hill felt that the Airporter Bus was an allowed use as many people bring home their business vehicles with their logos on the side and they are allowed to keep them in front of their houses. However, the Rent -A -Heap business ought to be completely removed from Carolyn Street. COMMISSIONER GREGG stated that it would depend on how one defines "office," if it is a rental office where people walk in and rent a car from you I would not agree with it but as far as an office where the books of the business are kept and perhaps one employee then I can see where it would be no different than somebody's tax office or that type of a business office. 1 COMMISSIONER ANDERSON stated that the problem seems to be the cars not what is going on inside the building so I think that it would be fine if the Airporter Bus was parked outside but as far as running a rental car business out of a residential area I do not feel it is a good idea. With a place at the airport and on Mill Bay Road, there is no need to have it at your home also except for convenience. COMMISSIONER JAMES indicated that he agreed with staff's decision. The only problem I could possibly have would be if the Airporter Bus starts getting parked on the street. That creates KIBS225681 P & Z Regular Meeting -3- June 19, 1985 a parking hazard as would parking of any vehicles for any length of time there. COMMISSIONER ANDERSON asked Linda Freed if the letter of June 19th declared null and void the letter of April 16th? COMMISSIONER GREGG indicated that the letter of June 19th amends the letter of April 16th. LINDA FREED indicated that the June 19th letter clarifies the letter of April 16th. The conditions of the letter in April still stand but it was the Manager's understanding that indeed occasional drop offs and pick ups as well as the bookkeeping portion of the business, would be allowed in the house. That is why the memo was written to you. I was out-of-town when most of those discussions took place which was why I was unfortunately not aware of them and nothing was added to the file based on the previous discussions between the Petersons, the Manager, and Mike Steele. This is an effort to clarify basically those discussions and an agreement that was made as part of that administrative decision by the Manager. COMMISSIONER ANDERSON inquired if only three cars would be allowed and no repair work would be allowed and that they had to be parked off the street. LINDA FREED indicated that was correct and that the Manager felt that with those conditions attached that it was acceptable for an occasional drop off and pick up as well as the opportunity to do that kind of bookkeeping business in the home. COMMISSIONER KNIGHT indicated he had difficulty with item #3 which says that "all vehicles which are used for personal use," now it is obvious that we are not talking about cars that they are using for their personal use we are talking about drop off vehicles which is what is clarified in this June 19th letter. r LINDA FREED indicated that when this particular case first came up we thought it would be easier to deal with it if we could identify which vehicles belonged to Rent -A -Heap and which vehicles belonged to the Petersons themselves. In this particular instance that is not the case. All vehicles are licensed and insured to the Petersons which means that all of the vehicles are basically used commonly between the business and personal use so there is no way for us as staff to make a differentiation between these vehicles which is why the Manager chose a number rather than any other kind of differentiation. COMMISSIONER JAMES MOVED TO GRANT THE APPEAL pursuant to Section 17.68.020(B), Appeals of Administrative Decisions, that the "Airporter Bus" does not fall within the definition of a home occupation, and thus, the administrative decision to allow it as a home occupation in the R2 district was in error. The motion was seconded. GREGG inquired if there was any discussion. COMMISSIONER HILL indicated he had a question on this motion, speaking towards the April 16th letter of the four items the Rent -A -Heap business at this time is told not to conduct business out of there except for interpretation of occasional business and at this time if the Commission feels that there should be no r business transactions however the home occupation of having an office there for bookkeeping purposes should be amended and included in this motion. LINDA FREED indicated there were a couple of ways to handle this. One would be to do what staff suggested and deny this motion, there are findings of fact below that deal with the Airporter Bus and the conditions in that previous letter. Then an additional motion could be made that deals with the Rent -A -Heap business separate from this one and then you could determine whether you agree with the administrative decision as it deals with the Rent -A -Heap business. KIBS225682 P & Z Regular Meeting -4- June 19, 1985 COMMISSIONER ANDERSON indicated that he had written in a fifth condition for the Findings of Fact from the worksession which states that the Rent -A -Heap business is not a permitted use on this site. Is that correct? LINDA FREED indicated it was correct. COMMISSIONER HILL indicated he would prefer to amend the motion rather than to make two separate motions. COMMISSIONER HILL MOVED TO AMEND THE MOTION to state that no Rent -A -Heap transactions or business be conducted on the property. COMMISSIONER ANDERSON stated that the findings of fact ought to indicate that it is not a permitted use. COMMISSIONER HILL stated that the Commission ought to just deal with the appeal. COMMISSIONER HILL WITHDREW HIS MOTION. COMMISSIONER GREGG inquired if there was any further discussion of the motion before the Commission. Seeing none, Mr. Gregg requested a roll call vote. The motion FAILED by unanimous roll call vote. COMMISSIONER HILL MOVED TO REVERSE THE ADMINISTRATIVE DECISION of June 19 so that no Rent -a -Heap business transactions, except accounting and bookkeeping, can be made on Carolyn Street. The motion FAILED for lack of a second. COMMISSIONER JAMES MOVED TO ACCEPT the four findings of fact presented by staff with the exception of a change to number 4 to read, "When parked off street, the "Airporter Bus" home occupa- tion will not generate other than normal vehicular traffic on r streets serving residents on those streets." The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER GREGG recessed the meeting for 10 minutes. E) CASE 85-036. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit an existing duplex dwelling on a lot in the RR1, Rural Residential One, district. Lot 8, Block 1, Mountain View Alaska Subdivision First Addition; 1679 Three Sisters Drive. (Mark White) LINDA FREED indicated that two public hearing notices were included in the Commissioners' handouts in addition to all notices previously received. Two have asked for them to be read into the record. Also, Mr. White has requested that the public hearing on this case be postponed. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: MARK WHITE appeared before the Commission to explain and support his request. A discussion ensued amongst the Commissioners, Community Develop- ment Department staff, and Mark White. TOBY COOK appeared before the Commission to voice nonobjection to this request. LINDA FREED read two public hearing notices, one each from Frederick T. Nichols and Dan Ogg, into the record. Public Hearing Closed. Regular Session Opened: KIBS225683 P & Z Regular Meeting -5- June 19, 1985 COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section 17.17.020, Permitted Uses, of the Borough Code to permit an existing duplex dwelling on a lot in the RR1, Rural Residential One, district. Lot 8, Block 1, Mountain View Alaska Subdivision First Addition; 1679 Three Sisters Drive. The motion was seconded and FAILED by unanimous roll call vote. COMMISSIONER HILL MOVED TO ADOPT FINDINGS OF FACT provided in the Community Development Department staff memo: 1. The proposed use will endanger the public's health, safety, or general welfare, as the duplex will increase the permitted density of the lot by a factor of two. Addi- tionally, no permits have been issued for inspections performed for the conversion to a duplex to ensure compli- ance with building and fire codes. 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 District. 3. The proposed use could potentially adversely impact other properties in the area. Granting this exception will set a precedent for changing the use, density, and expected lifestyle (i.e., large -lot, low -density, single-family residential) of the subdivision and the RR1 zoning district. The motion was seconded and CARRIED by unanimous roll call vote. F) CASE 85-038. Request for a variance from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a zero -lot -line dwelling on a lot in the RR1--Rural Residential One district. Lot 5B, Block 3, Bells Flats Alaska Subdivision; 782 Sargent Creek Road. LINDA FREED indicated that the handouts for this case include a r site plan showing the existing foundation on the lot in question as well as three returned public hearing notices stating opposi- tion to the request. Also, the applicant has asked that this request be tabled until next month to clarify the intent of the request. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO TABLE this case until next month for a public hearing. The motion was seconded and CARRIED by unanimous voice vote. G) 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) LINDA FREED indicated that comments have been returned from two r property owners in the area. Regular Session Closed. Public Hearing Opened: KIM LAMONT appeared before the Commission to explain and support his request. JERROL FRIEND appeared before the Commission to express his support for this request. WAYNE ARNDT appeared before the Commission to express his support for this request. P & Z Regular Meeting -6- K113S225684 June 19, 1985 LORNA ARNDT appeared before the Commission to express her objection to this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section 17.18.020, Permitted Uses, of the Borough Code to permit an existing welding business in an R1 district on Lot 3, Block 3, Island Lake Subdivision; 3246 Ptarmigan Pass with the following conditions: 1. 2. All welding work must be done inside. Only one part-time employee is allowed at any time. 3. No outside storage is allowed. 4. Business hours will be within the hours of 8:00 a.m. and 9:00 P.M. 5. Outside advertising is not allowed. 6. Neighbors may inspect the interior of the shop for hazardous materials. 7. Customer parking must not block roadways or driveways. 8. No expansion of the building for welding purposes will be allowed. 9. The Planning and Zoning Commission will review this excep- tion in one year's time to ensure that all conditions have been met. The motion was seconded and, after discussion amongst the Commis- sioners, was CARRIED by majority roll call vote. Commissioners Hill and Knight cast the dissenting votes. H) CASE 85-040. 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 fifty percent of the area of the structure. Lot 2, Block 6, Port Lions Alaska Subdivision. I/— (Norm Ursin) LINDA FREED indicated that there was no additional information on this case. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.67.070 of the Borough Code to permit the construction of a business structure that will contain a single-family residence that will not exceed fifty percent of the area of the structure. Lot 2, Block 6, Port Lions Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. I) 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 r Kristi Hansen) LINDA FREED indicated that there was nothing additional on this case. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON appeared before the Commission to support this request. DAN HANSEN appeared before the Commission requesting support for his request. P & Z Regular Meeting -7 KIBS225685 June 19, 1985 DALE WESTMARK appeared before the Commission to express his support of this request. Public Hearing Closed. Regular Session Opened: A commission ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.17.040, Area Requirements, of the Borough Code to permit the creation of two lots, one of which fails to meet the 20,000 square foot requirement for RR1 lots served by public utilities. The motion was seconded and CARRIED by unanimous roll call vote. J) CASE 5-85-022. Preliminary subdivision of Lot A-2, Russian Creek Alaska Subdivision, to Lots A-2A, A-2B, A-2C, and A-2D, Russian Creek Alaska Subdivision, U.S. Survey 2539. (Jeff Teeters) ANN MOEN indicated that 32 public hearing notices were mailed out and that four unfavorable responses were received. Ms. Moen read the response of Barbara Monkwicz into the record. Regular Session Closed. Public Hearing Opened: BOB TARRANT explained that there were problems with the access easement which were holding them back. A discussion ensued amongst the Commissioners, Community Develop- ment Department staff, Engineering Department staff, and Mr. Tarrant. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A FINAL SUBDIVISION on Case r 5-85-022, subdivision of Lot A-2, Russian Creek Alaska, to Lots A-2A and A-2B per the approval of the Borough Engineer. The motion was seconded and was CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO CONTINUE THE MEETING UNTIL 11:45. The motion was seconded and CARRIED by unanimous voice vote. K) CASE 5-85-023. Preliminary Subdivision of Lot 1, Block 1, Bells Flats Alaska Subdivision, to Lots IA, 1B, 1C, 1D, and 1E, Block 1, Bells Flats Alaska Subdivision, U.S. Survey 2539. (Margaret Pryor/Norman and Dorothy Holm) ANN MOEN indicated that 13 public hearing notices were mailed out and one unfavorable response was received. Ms. Moen read the response of Cy Hoen into the record. Regular Session Closed. Public Hearing Opened: A discussion ensued amongst Commissioners and Bob Tarrant. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO APPROVE THE PRELIMINARY SUBDIVISION of r Lot 1, Block 1, Bells Flats Alaska Subdivision, per the revised plat turned in by Mr. Tarrant this evening with the following conditions: 1. That the applicant obtain the required subdivision sanita- tion approval from the Alaska Department of Environmental Conservation. 2. That the names of the owners be shown in the Ownership Affidavit and the Notary's Acknowledgement as follows: Norman Holm; and Dorothy Holm. 3. That the applicant coordinate with Kodiak Electric Associa- tion on what utility easements are needed. P & Z Regular Meeting -8 K.IBS225686 June 19, 1985 4. That a note be placed on the final plat stating that "Natural drainage courses and streams shall not be blocked or impeded." 5. That no further subdivision of Lot 1D be permitted with access through the flag stem from Middle Bay Drive. 6. That the building front yard setback for Lot 1D be measured from the rear lot lines of Lots 1A, 1B, and 1C, Block 1, Bells Flats Alaska Subdivision. The motion was seconded and CARRIED by unanimous roll call vote. L) CASE 5-85-024. Preliminary Subdivision of Lot 6, Block 4, Bells Flats Alaska Subdivision, to Lots 6A, 6B, and 6C, Block 4, Bells Flats Alaska Subdivision, U.S. Survey 2539. (Lewis E. Garrett) ANN MOEN indicated that 40 public hearing notices were mailed out and that one response was received back. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL of Case No. 5-85-024, subdivision of Lot 6, Block 4, Bells Flats Alaska Subdivision, pursuant to the following conditions: 1. That the applicant obtain the required subdivision sanita- tion approval from the Alaska Department of Environmental Conservation. 2. That the applicant relocate the existing fence which ^' encroaches into Lot 6A. 3. That radial bearings from right-of-way curves be shown. 4. That the bearing of the lot line common to Lot 6C and to Lots 6A and 6B be corrected to N41°03'39"W and that the total length be shown. 5. That the length of the lot line between Lots 6A and 6B be corrected to 241.41 feet. 6. That the lot areas for Lots 6A and 6B be corrected to 40,857 and 44,965 square feet respectively. 7. That the owner's name, Lewis E. Garrett, be included in the Ownership Affidavit and Notary's Acknowledgement. 8. That a note be included on the final plat stating that "Natural drainage courses and streams shall not be blocked or impeded." The motion was seconded and CARRIED by unanimous roll call vote. M) CASE 5-85-025. Preliminary subdivision of Lots 7, 8, and 9, Block 4, Killarney Hills Subdivision, to Lots 7A, 7B, 8A, 8B, 9A, r- and 9B, Block 4, Killarney Hills Subdivision, U.S. Survey 3218, for zero -lot -line development. (Terrance Lee Brauner) HILL was excused due to conflict of interest. ANN MOEN indicated that 17 public hearing notices were mailed out and that one favorable response was received. Regular Session Closed. Public Hearing Opened: WAYNE SEWELL, owner of Lot 2, appeared before the Commission representing himself, Mr. and Mrs. Bishop, Lot 16; Mr. and Mrs. P & Z Regular Meeting -9 KIBS225687 June 19, 1985 Wandersee, Lot 17; and Mr. and Mrs. Beardsly, Lot 1, to express opposition to this request. RAY BAGLIN, representing Terry Brauner, appeared before the Commission to support this request. CARL BRAUNER, representing Terry Brauner, appeared before the Commission to support this request. TIM HILL, representing the Catholic Archbishop Corporation, appeared before the Commission to express opposition to this request. MELAYNA HALVORSEN appeared before the Commission to express her support of this request. WAYNE SEWELL appeared before the Commission to restate his opposition to this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL of Case 5-85-025, zero -lot -line subdivision of Lot 7, with the following conditions: 1. That the plat note be changed to read: "Plat approval is granted only for the purpose of constructing a single duplex structure under a zero -lot -line concept with one dwelling unit on each lot." 2. That the name be corrected in the Ownership Affidavit and Notary's Acknowledgment to Terrance L. Brauner. 3. That a note be added to the plat which reads: "Natural drainage courses and streams shall not be blocked or III impeded." The motion was seconded and CARRIED by unanimous roll call vote. N) CASE 5-85-026. Preliminary subdivision of Lots 7, 8, and 9, Block 1, Russell Estates Subdivision First Addition, to Lots 7A, 7B, 8A, 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) ANN MOEN indicated that 98 public hearing notices were mailed out and that one favorable response was received. Ms. Moen read that response into the record. A discussion ensued amongst the Commissioners and Engineering Department staff. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL for Case S-85-026, zero -lot -line subdivision of Lots 7, 8, and 9, Block 1, Russell Estates Subdivision First Addition, for the vacation/- replat subject to the following conditions: 1. That zero -lot -line development be limited to Lots 8 and 9. 2. That the plat note be changed to read: "Plat approval is granted only for the purpose of constructing a single duplex structure under a "zero -lot -line" concept with one dwelling unit on each lot." KIBS225688 P & Z Regular Meeting -10- June 19, 1985 3. That one signature line be provided under the Ownership Affidavit and that one Notary's Acknowledgment be provided for: E. B. Garrington. The motion was seconded. COMMISSIONER ANDERSON MOVED TO AMEND THE MOTION to delete condi- tion No. 1 of the Borough Engineer's June 12 memo. The motion was seconded and PASSED by unanimous roll call vote. The amended motion CARRIED by unanimous roll call vote. r O) CASE 5-85-027. Preliminary vacation of a portion of Lot 15, Block 4, Airpark Subdivision, and of Tract A, U.S. Survey 1396, and replat to Tract A-1, U.S. Survey 1396. (Island Traders) ANN MOEN indicated that 30 public hearing notices were mailed out and none were received back. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case S-85-027, vacation and replat of a portion of Lot 15, Block 4, Airpark Subdivision, U.S. Survey 1396, and Tract A, U.S. Survey 1396, subject to the following conditions: 1. That the names of the owners of Island Traders be included in the Ownership Affidavit and Notary's Acknowledgments: Alan J. Beardsley; Douglas B. Eaton. 2. That easements be shown for existing underground three-phase power on this lot. The motion was seconded and PASSED by unanimous roll call vote. P) CASE 5-85-028. Preliminary subdivision of Lot 10, Block 6, Woodland Acres Subdivision Fourth Addition, to Lots 10A and 10B, Block 6, Woodland Acres Subdivision Fourth Addition, for zero - lot -line development. (Thomas L. Everitt) ANN MOEN indicated that 12 public hearing notices were mailed out. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case 5-85-028, zero -lot -line subdivision of Lot 10, Block 6, Woodland Acres Subdivision Fourth Addition, subject to the two conditions stated in the Borough Engineer's memo of June 12, 1985: 1. That a plat note be added which reads: "Plat approval is granted only for the purpose of constructing a single duplex structure under a "zero -lot -line" concept with one dwelling unit on each lot." 2. That Ownership Affidavits and Notary's Acknowledgments be shown with the following names: Thomas L. Everitt; Pamela K. Everitt. The motion was seconded and CARRIED by unanimous voice vote. Q) CASE 5-85-029. Preliminary Subdivision of Lot 6B, Military Reserve East Addition, U.S. Survey 2538A, to Lots 6B-1 and 6B-2, P & Z Regular Meeting -11 KIBS225689 June 19, 1985 Military Reserve East Addition, U.S. Survey 2538-A. (City of Kodiak/Alascom, Inc.) ANN MOEN indicated that two public hearing notices were mailed out. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case 5-85-029, subdivision of Lot 6B, Military Reserve East Addition, U.S. Survey 2538A, subject to the six conditions stated in the Borough Engineer's memo of June 12, 1985: 1. That the title block and the Legal Description be changed to indicate Lot 6B. 2. That the owner's name, Alascom, Inc., be added to the Ownership Affidavit and Notary's Acknowledgment. 3. That easements be shown for the existing overhead and underground high and low voltage power facilities. 4. That the distance be shown for the frontage of Lot 6B-2 on Mill Bay Road. 5. That the intersection of Municipal Way right-of-way and Lot 6B-1 boundary be monumented, or that a portion of Lot 6B-1 be dedicated to make the right-of-way continuous. 6. That the location for the corner of Lot 15, Block 5, Erskine Subdivision, be shown on the westerly boundary of Lot 6B-2. The motion was seconded and CARRIED by unanimous voice vote. R) CASE 5-85-030. Preliminary vacation of (Townhouse) Lots 1 through 27, Block 2, Alderwood, and replat to Lots 1 through 8, Block 2, Alderwood, U.S. Survey 1396. (Lenhart J. Grothe) ANN MOEN indicated that 98 public hearing notices were mailed out and that two were received back, one favorable and one unfavorable. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT PRELIMINARY APPROVAL of Case 5-85-030, vacation and replat of (townhouse) Lots 1 through 27, Block 2, Alderwood, U.S. Survey 1396, subject to the four condi- tions stated in the Borough Engineer's memo dated June 12, 1985: !II 1. That the applicant satisfy any requirements for access requested by the City of Kodiak, or build parking platforms for access from Mylark Lane. 2. That the lots created by this plat be given the lot desig- nations of Lots 1A, 2A, 3A, 4A, 5A, 6A, 7A, and 8A, Block 2, Alderwood, U.S. Survey 1396 (since Lots 1 through 8 are among those vacated by this plat). 3. That the name shown in the Ownership Affidavit and Notary's Acknowledgment be changed to: Island Properties, Inc. P & z Regular Meeting -12- KI13S225690 June 19, 1985 4. That drainage adequate to eliminate the ponding water along the proposed easement be provided. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hill cast the dissenting vote. S) CASE 5-85-031. Preliminary subdivision of Lot 2, Block 4, Miller Point Alaska Subdivision First Addition, to Lots 2A, 2B, 2C, and 2D, Block 4, Miller Point Alaska Subdivision First Addition, U.S. Surveys 3462-3463. (Lenhart J. Grothe) ANN MOEN indicated that 40 public hearing notices were mailed out. Regular Session Closed. Public Hearing Opened: TOBY COOK appeared before the Commission representing Lenhart Grothe and spoke in favor of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT PRELIMINARY APPROVAL of Case 5-85-031, subdivision of Lot 2, Block 4, Miller Point Alaska Subdivision First Addition, subject to the following conditions: 1. That rezoning of the area be completed to allow lots under 20,000 square feet in area when public water and sewer are available. 2. That a 10-foot wide electrical easement be placed along each side of the line common to proposed Lots 2C-2B and 2A-2D which bears S78°42124"E, as requested by Kodiak Electric Association, Inc., and that the existing easement along the westerly boundary of Lot 2 be shown. r 3. That the front yard setback for Lot 2D be measured from the rear lot line of Lot 2A. The motion was seconded. COMMISSIONER KNIGHT MOVED TO AMEND THE MOTION to add a fourth condition to widen the flag stem to 30 feet to be taken out of Lot 2A. The motion was seconded and CARRIED by majority roll call vote. Commissioner Hill cast the dissenting vote. The main motion as amended CARRIED by unanimous roll call vote. VII OLD BUSINESS A) Findings of Fact for CASE S-83-024. Final subdivision of an unsubdivided portion of U.S. Survey 1396 to Lots 1 through 18, Block 1, Lakeview Subdivision. (Lenhart J. Grothe) This is a court -directed hearing. A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. COMMISSIONER JAMES MOVED TO ACCEPT FINDINGS OF FACT stated in the ^- Community Development Department's memorandum dated June 19, 1985, as the findings of fact for Case 5-83-024: 1. No significant safety hazards to float plane operations or surrounding residents will result from the creation of lots through the subdivision process. Future development of the lots will be within the City of Kodiak side slope and glide slope ordinances. 2. The proposed subdivision will not be materially detrimental to surrounding property values unless the float plane facility were to be shut down as a result of noncompliance with City of Kodiak codes and ordinances. P & z Regular Meeting -13. KIBS225691 June 19, 1985 3. the proposed subdivision will not have an adverse effect on any applicable City of Kodiak ordinance. Compliance with city ordinances will be assured through issuance of city building permits. 4. A note should be added to the plat as follows: "Some of the lots in this subdivision may be affected by the City of Kodiak glide slope and side slope requirements. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE S-84-016. Final approval, rights -of -way plat, Lakeside Subdivision. (Kodiak Island Borough) COMMISSIONER HILL MOVED TO GRANT FINAL APPROVAL of Case 5-84-016, Lakeside Subdivision Rights -of -way. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 5-85-013. Final subdivision of Lot 3, U.S. Survey 3100, to Lots 3A, 3B, 3C, and 3D, U.S. Survey 3100. (Mr. and Mrs. Richard D. Juelson and Mr. and Mrs. Ralph Newcombe) COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case 5-85-013, final subdivision of Lot 3, U.S. Survey 3100, subject to the two conditions stated in the Borough Engineer's memo dated June 12, 1985: 1. That a ten -foot utility easement be provided along the boundaries common to Lots 2 and 4, as requested by Kodiak Electric Association, Inc. 2. That water and sewer services be installed to Lots 3A, 3B, and 3C prior to the filing of the final plat. The motion was seconded and CARRIED by unanimous voice vote. D) CASE 5-85-016. Final subdivision of Tract P, U.S. Survey 3218 r and a portion of Lot 1, Block 2, Miller Point Alaska Subdivision First Addition, to Holland Acres Subdivision Second Addition, U.S. Surveys 3218 and 3463. (Scott Arndt) A discussion ensued amongst the Commissioners, Engineering Department staff, and Scott Arndt. COMMISSIONER HILL MOVED TO GRANT FINAL APPROVAL on Case S-85-016, vacation of Parcel P, U.S. Survey 3218, and part of Lot 1, Block 2, Miller Point Alaska Subvision First Addition, subject to the three conditions set forth in the Borough Engineer's memo of June 12, 1985: 1. That the bearing for the line common to Tract P-1 and Lots 1 and 12 be corrected to read S15005'53"E. 2. That a five -foot -wide electrical easement be provided along all street frontages and ten feet each side of existing power lines, as requested by Kodiak Electric Association, Inc. 3. That water and sewer service lines be installed to Lots 1 and 12 prior to filing of the final plat. The motion was seconded and CARRIED by unanimous roll call vote. FVIII NEW BUSINESS There was no new business. IX COMMUNICATIONS X REPORTS A) The Commission acknowledged receipt of the May status report from the Community Development Department by unanimous voice vote. KIBS225692 P & Z Regular Meeting -14- June 19, 1985 XI AUDIENCE COMMENTS There were no audience comments. XII COMMISSIONERS' COMMENTS CHAIRMAN GREGG, due to the late hour, decided to defer findings of fact for a number of cases until next month's regular meeting. He asked the Community Development Department staff to prepare the findings based on Commission's discussions for each case. COMMISSIONER HILL stated his objection to the Rent -a -Heap business being classified as a home occupation. Commissioner Anderson stated his agreement with Commissioner Hill. COMMISSIONER HILL MOVED TO RECONSIDER Case 85-035 at next month's regular meeting. The motion was seconded by Commissioner Anderson. Commissioner Anderson commented on the two plat changes brought in by Bob Tarrant, and a discussion ensued amongst the Commissioners, Community Development Department staff, and Engineering Department staff concerning a policy letter to all surveyors requiring them to submit materials prior to the date of the regular meeting. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 12:25 a.m., June 20, 1985. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: 0 K n Gregg, Chai ATTEST BY: I �'� tl Patricia Miley, P1 nning Secretary DATE APPROVED: T 11�q g� A TAPE RECORDED RECORD IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225693 P & Z Regular Meeting -15- June 19, 1985