Loading...
1985-11-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - NOVEMBER 20, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Acting Chairman Steve Rennell on November 20, r 1985 in the Borough Assembly Chambers. III ROLL CALL Commissioners Present: Others Present: Steve Rennell, Chairman Linda Freed, Director Mike Anderson Community Development Department Robin Heinrichs Bob Pederson, Assistant Planner/ Dan James Zoning Officer, Community Marlin Knight Development Department Mary Lou Knudsen Dave Crowe, Borough Engineer Scott Thompson Engineering Department Patricia Miley, Secretary Community Development Department ELECTION OF OFFICERS COMMISSIONER JAMES MOVED TO NOMINATE COMMISSIONER RENNELL AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION FOR THE NEXT YEAR. The motion was seconded. COMMISSIONER ANDERSON MOVED TO NOMINATE COMMISSIONER JAMES AS VICE-CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. The motion was seconded. COMMISSIONER KNIGHT MOVED TO CLOSE NOMINATIONS. The motion was seconded. The motions CARRIED by unanimous roll call vote. III APPROVAL OF AGENDA BOB PEDERSON indicated additional items to be added to the November 20, 1985 Agenda, as follows: IX-D Letter to Lenhart J. Grothe from the Borough Engineer dated November 8, 1985, re: Lakeview Subdivision (Case No. S-83-024) IX-E Letter to the -Borough Mayor from the State of Alaska dated November 13, 1985, re: Tideland Lease Application ADL 217166. IX-F Letter to Planning and Zoning Commission from the Borough Resource Management Officer dated November 20, 1985, re: KEA Electrical Distribution Line to Chiniak and Pasagshak. X-B Planning and Zoning Commission appointments to Committees - Parks and Recreation. r COMMISSIONER JAMES MOVED TO APPROVE THE AGENDA WITH THE I ABOVE -ADDITIONS. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER JAMES MOVED TO ACCEPT the minutes of the October 16, 1985 Planning and Zoning Commission Meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS KIBS225787 There were no Appearance Requests nor Audience Comments. P & Z REGULAR MEETING -1- NOVEMBER 20, 1985 VI PUBLIC HEARINGS A) CASE 85-065. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a professional office and clinic building containing a single-family residence to locate on a nonconforming lot of record instead of only a single-family residence in an R3--Multi-family Residential District. Lot 3, Block 17, Kodiak Townsite; 206 Alder Lane. (Jack L. McFarland) BOB PEDERSON indicated that 41 public hearing notices were mailed for this case and 5 were returned, 3 in favor and 1 opposed to the request. One respondent sent 2 identical notices. COMMISSIONER HEINRICHS requested to be excused due to conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON MOVED THAT THIS CASE BE TABLED to the December regular meeting to appear as an Old Business item on the agenda. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS abstained from the vote. COMMISSIONER HEINRICHS RETURNED TO THE PLANNING AND ZONING COMMISSION. B) CASE 85-069. Request for Planning and Zoning Commission review of a proposed negotiated lease of Borough land located near Port Williams on Shuyak Island in accordance with Section 18.40.020 (Negotiated Leases) of the Borough Code in order to utilize an I existing cabin and surrounding land (9.3 acres) as a base of patrol operations for the North Afognak and Shuyak Island areas. U.S. Survey 1738. (Alaska Department of Public Safety, Division of Fish and Wildlife Protection) BOB PEDERSON indicated that 7 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: GENE WINN, representing the Alaska Department of Public Safety, Division of Fish and Wildlife Protection, appeared before the Commission to answer any questions. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO ACCEPT RESOLUTION 85-04-R AS STARTING WITH THE EIGHTH WHEREAS THAT THE WORD NOTICE BE CHANGED TO NOTICED WITH A "D" AT THE END. The motion was seconded and CARRIED by unanimous roll call vote. C) CASE 85-070. Request for a variance from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct a 6-foot by 8.5-foot and a 5-foot by 6-foot bathroom and porch addition onto an existing single-family residence located in a B--Business District. Lot 1C, Block 2, U.S. Survey 3066AB; 1841 Mission Road. (Bruce Schactler) BOB PEDERSON indicated that 18 public hearing notices were mailed for this case and none were returned. A discussion ensued amongst the Commissioners and Community Development Department staff. KIBS225788 P & Z REGULAR MEETING -2- &OVEMBER 20, 1985 Regular Session Closed. Public Hearing Opened: KAREN LEE, representing Bruce Schactler, appeared before the Commission, detailed the request and expressed support of the request. A discussion ensued amongst Commissioner Anderson and Karen Lee concerning the rezoning of this area. WADE BALL appeared before the Commission and stated his views against the rezoning of this area. A discussion ensued amongst Commissioner Thompson and Wade Ball. KAREN LEE reappeared before the Commission to express Mr. Schactler opposition to any rezone of the area. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct a 6-foot by 8-foot and a 6-foot by 10-foot bathroom and porch addition onto an existing single-family residence located in a B--Business District on Lot 1C, Block 2, U.S. Survey 3066 AB and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. COMMISSIONER KNIGHT CLARIFIED THE MOTION TO READ 6-foot by 8.5 foot. rThe motion CARRIED by majority roll call vote. Commissioners Heinrichs, Rennell and Knight voted "no." FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case, the unique condition applicable to the intended use of the property is the existing residential land use. Although zoned Business, there has been a single-family residence on the property since 1940. All the surrounding lots also have residential land uses and it is likely that this area will remain residential in nature for the foreseeable future. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not allow any additions to the existing residential structure. This is an unnecessary hardship when existing and surrounding land uses are residential and likely to remain such. 3. The granting of the variance will not result or prejudice to other properties in the vicinity nor to the public's health, safety, and we Granting of the variance will not result in material damage or prejudice to other properties in the area. All adjacent residences are nonconforming land uses and granting a variance for additions to a residential structure will continue the existing land use pattern of the area. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. KIBS225789 P & Z REGULAR MEETING -3- NOVEMBER 20, 1985 Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. The proposed additions will not change the existing low -density use of the property. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is b var In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The existing house was built in 1940, the property was zoned business in 1969, and purchased by the applicant in 1982. Also, the variance request will be decided prior to construction of the additions. 6. That the granting of the variance will not permit a Single -Family Residences, provided they occupy less than 50 percent of a commercial structure, are conditionally permitted in the business district. D) CASE 85-071. Request for a variance from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use to be enlarged and increased in order to add a second story addition onto an existing single-family residence in a B--Business District, and a Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the existing single-family residence to be converted into a two-family dwelling unit in the B--Business District. Lot 1A, Block 2, U.S. Survey 3066AB; 1833 Mission Road. (Wade & Sherry Ball) BOB PEDERSON indicated that 18 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: WADE BALL appeared before the Commission, detailed his request and expressed his support for this request. A discussion ensued amongst the Commissioners and Wade Ball. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use to be enlarged and increased in order to add a second story addition onto an existing single-family residence in a B--Business District on Lot 1A, Block 2, U.S. Survey 3066AB, subject to the condition of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITION OF APPROVAL The existing trailer on the lot shall not be used for living or sleeping quarters at any time. The motion was seconded. A discussion ensued amongst the Commissioners. The question was called and CARRIED by majority roll call vote. Commissioners Heinrichs, Knight and Rennell voted "no." FINDINGS OF FACT: 1. Exceptional physical circumstances or cond To the property or intended use of develop KIBS225790 P & Z REGULAR MEETING -4- NOVEMBER 20, 1985 generally do not apply to other properties in the same land use district. In this case, the unique condition applicable to the intended use of the property is the existing residential land use. Although zoned Business, there has been a single-family residence on the property since 1964. All the surrounding lots also have residential land uses and it is likely that this area will remain residential in nature for the foreseeable future. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not allow any additions to the existing residential structure. This is an unnecessary hardship when existing and surrounding land uses are residential and likely to remain such. 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 Dublic's health, safetv. and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. All adjacent residences are nonconforming land uses and granting a variance for additions to a residential structure will continue the existing land use pattern of the area. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. The proposed additions will not change the existing low -density use of the property. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The existing house was built in 1964, the property was zoned business in 1969, and purchased by the applicant in 1982. Also, the variance request will be decided prior to construction of the additions. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single -Family Residences, provided they occupy less than 50 percent of a commercial structure, are conditionally permitted in the business district. COMMISSIONER KNUDSEN MOVED TO INVESTIGATE THE REZONING OF Lots 1 through 3, Block 1 and Lots 1 through 9, Block 2, U.S. Survey 3066AB to a residential zoning classification. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION BY DELETING THE LOTS THAT ARE CURRENTLY USED FOR BUSINESS. The amendment was seconded. A discussion ensued amongst the Commissioners. The question was called and the AMENDMENT CARRIED by majority roll call vote. Commissioner Thompson cast the dissenting vote. KIBS225791 P & Z REGULAR MEETING -5- NOVEMBER 20, 1985 The MAIN MOTION AS AMENDED FAILED by majority roll call vote. Commissioners Anderson, Thompson, Knight, Heinrichs and James voted "no." E) CASE 85-072. Request for a variance from Section 17.18.040 (Area Requirements) of the Borough Code to permit the creation of a lot (6,461 square feet) in the R1--Single-Family Residential District that does not meet the minimum area requirement of 7,200 square feet. Lot 1617, Block 3, Aleutian Homes Subdivision; 212 Maple Avenue. (Russell LeBourdis) BOB PEDERSON indicated that 56 public hearing notices were mailed for this case and 2 were returned, both in favor. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON MOVED TO GRANT A VARIANCE from Section 17.18.040 of the Borough Code to permit the creation of a lot of 6,461 square feet which fails to meet the 7,200 square foot minimum lot size in the R1--Single-Family Residential District, Lot 1617, Block 3, Aleutian Homes Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. F The unique physical circumstance applicable to the request is the uncharacteristically large size of the existing Aleutian Homes lot (14,111 square feet). This is the fourth largest lot in the entire Aleutian Homes Subdivision. In addition, the original plat showed this lot as two individual lots. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3. The strict application of the 7,200 square foot lot area requirement would not allow this subdivision to take place. This is an unnecessary hardship because there is the unique physical circumstance of the very large lot size uncharacteristic of this subdivision that justifies a variance. or oreiudice to nor be detrimental to the public's health, safety, and welfare. Granting of the variance will not result in material damages to other properties in the area and will not be detrimental to the public health, safety or welfare. Many of the existing lots in this subdivision are smaller than the 6,461 square foot lot proposed. Additionally, the proposed lot meets the minimum width requirements and provides a building site without the need for additional variances. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium density residential development. The request will not increase the density above that identified in the comprehensive plan. KIBS225792 P & Z REGULAR MEETING -6- [OVEMBER 20, 1985 F F F 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is b In this instance, actions of the applicant have not caused the conditions from which relief is being sought by the variance. The lot was originally platted as two lots in 1953 (Plat 53-1) and was combined to make one lot in the 1974 vacation and replat of Aleutian Homes Subdivision (Plat 74-9). This lot was purchased by the applicant in 1982. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Residential uses are permitted in this district. F) CASE 85-073. Request for an exception from Section 17.13.020 (Permitted Uses) of the Borough Code to allow a commercial hunting and fishing lodge to locate in the C--Conservation District on Raspberry Island; and a 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 cabin in order to construct a 16-foot by 32-foot addition on to the rear of the existing structure in a C--Conservation District on Raspberry Island. Alaska State Land Survey 77-33; Section 8, Township 25 South, Range 23 West, Seward Meridian; generally located near Selief Bay on Raspberry Island. (Peter & Baerbel Guttchen) BOB PEDERSON indicated that 10 public hearing notices were mailed for this case and 1 was returned, in favor. Also, Mr. Guttchen was in the office on the 15th of this month and stated that it would be no problem to have the lodge as a detached structure therefore voiding the necessity for variance. That item could be withdrawn. Regular Session Closed. Public Hearing Opened: PETE GUTTCHEN appeared before the Commission to answer any questions. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section 17.13.020 of the Borough Code to allow a commercial hunting and fishing lodge to locate in the C--Conservation District on Raspberry Island on Alaska State Land Survey 77-33, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT - EXCEPTION REQUEST 1. That the use as proposed in the application, or under aonronriate conditions or restrictions, will not weizare, kb) De inconsist intent of this title, and orooerties or uses in the oses and A. It appears that the proposed use will not endanger the public's health, safety, or general welfare. Raspberry Island is a popular location for fishing and hunting activities and many cabins on the island are rented out as base camps for these activities. If all building and fire codes are adhered to and if an approved septic system is installed, the use should not endanger the public's health, safety or general welfare. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.13 (Conservation P & Z REGULAR MEETING -7 KIBS225793 NOVEMBER 20, 1985 Fm- District). Hunting, fishing and recreational activities are all permitted uses under the Conservation Zoning District and a lodge for hunting and fishing is a commercial type of fishing, hunting and recreational activity. C. The proposed use does not appear to adversely impact other properties or uses in the area because many other properties on Raspberry Island are similarly used as a base for hunting, fishing and recreational activities. The parcel size of 4.816 acres should also provide adequate separation from other properties and uses in the area. G) CASE 85-074. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to bring an existing warehouse into conformance with the Borough Code and to permit a 16-foot by 84-foot warehouse addition in a R2--Two-Family Residential District. Lot 6, Block 4, Miller Point Alaska Subdivision First Addition; 3500 Eider Street. (Longrich Enterprises) BOB PEDERSON indicated that 31 public hearing notices were mailed for this case and 2 were returned, both opposed to the request. Regular Session Closed. Public Hearing Opened: JOHN KLEMZAK, a co-owner in the property, discussed the request and expressed his support for the case. A discussion ensued amongst the Commissioners and John Klemzak with input from Community Development Department staff. LORNA ARNDT appeared before the Commission and expressed her opposition to the request. COMMISSIONER RENNELL read public hearing notices from SID COZART and ALMA JACKSON opposing the request into the record per their request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners with input from Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT AN EXCEPTION from Section 17.19.020 of the Borough Code to bring an existing warehouse into conformance with the Borough Code and to permit a 16-foot by 84-foot warehouse addition in a R2--Two-Family Residential District on Lot 6, Block 4, Miller Point Alaska Subdivision 1st Addition. The motion was seconded. A discussion ensued amongst the Commissioners with input from John Klemzak and Community Development Department staff. COMMISSIONER KNIGHT MOVED TO AMEND THE MAIN MOTION TO PROVIDE 50-FOOT STAND OF TREES ALONG EIDER STREET (LOT 6) AND ADJACENT LOT 7. The amendment was seconded and FAILED by majority roll call vote. Commissioners Rennell, Knudsen, James, Heinrichs, Thompson and Anderson voted "no." The question was called and the MAIN MOTION CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. That the use as appropriate con (A) endanger th intent of this tit properties or uses ed in the application, or under or restrictions, will not c's health, safety, or general intent with the general Durposes and 0 P & Z REGULAR MEETING KIBS225794 -8- NOVEMBER 20, 1985 A. The warehouse has proven since it was built a few years back, when it was a permitted use in the RR zoning district, that it is not a danger to the public's health, safety or general welfare. B. The proposed use will be no more inconsistent with the general purposes and intent of Title 17 than the existing use, and since this warehouse is less than five years old, any additions to it will more than likely not outlive the present structure. C. Given the fact that this warehouse will likely remain r on the property for several years to come, by I increasing the usable area by 1,344 square feet and meeting all the setbacks this addition will not substantially impact the neighborhood anymore than they will be impacted by the present building for years to come. A recess was called at 9:00 p.m. in order to adjust the tape recorder. The meeting was reconvened at 9:06 p.m. H) CASE 85-075. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit an office in an existing single-family residence as a home occupation in a R1--Single-Family Residential District. Lot 1, Space 4, U.S. Survey 3099; 353 South Benny Benson Drive #4. (Gloria Kennedy) BOB PEDERSON indicated that 24 public hearing notices were mailed for this case and 1 was returned, in favor. Regular Session Closed. Public Hearing Opened: GLORIA KENNEDY appeared before the Commission to answer any questions. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.020 (Conditional Uses) of the Borough Code to permit an office as a home occupation to locate within the existing single-family residence on Space 4, Lot 1, U.S. Survey 3099, and to adopt the findings contained in the staff report as "findings of fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit character, and integrity of the surrounding area. It appears that the proposed home occupation will preserve the value, spirit, character, and integrity of the surrounding area. The home occupation (an office) will be conducted entirely within the residence, the exterior of the structure will not change, and only a small number of customers will occasionally call at the residence. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed home occupation will fulfill all other requirements of the R1--Single-Family Residential District (Chapter 17.18) such as setbacks and parking, and the requirements of Chapter 17.26 (Mobile Home Parks). 3. That granting the conditional use permit will not be harmful To the public health, safety, convenience, and comfort. The proposed use will not be harmful to the public health, safety, convenience, and comfort because the character of the surrounding area will not change and there will not be a P & Z REGULAR MEETING -9 KIBS225795 NOVEMBER 20, 1985 significant increase in traffic resulting from the home occupation. 4. That sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. As the home occupation will be conducted entirely within the existing residence and because few customers will call at the residence, provision of additional buffers or other safeguards are not necessary in this instance. Should the nature of the home occupation change over time, the r-- Commission could review the conditional use permit to determine if additional safeguards are appropriate. I) CASE 85-076. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a detached garage to encroach 8.5-feet into the required 25-foot front yard setback in a R2--Two-Family Residential District. Portion of Lot 23, Block 14, Kodiak Townsite; 318 High Street. (Mary Ellen Harris) BOB PEDERSON indicated that 30 public hearing notices were mailed for this case and 1 was returned, opposed to the request. Also, per the request of the Commission, the Fire Department was contacted and Chief Dolph indicated that the garage would not unduly hinder the fire department's ability to respond to an emergency at Mr. Wilson's home. COMMISSIONER HEINRICHS declared that he had a conflict of interest with this case. COMMISSIONER RENNELL excused Commissioner Heinrichs. Regular Session Closed. Public Hearing Opened: MARY ELLEN HARRIS appeared before the Commission to request that r the Commission to table this item until the next meeting in consideration of her neighbor's concerns so that she may amend her request. A discussion ensued amongst the Commissioners with input from Community Development Department staff. STEVE WILSON appeared before the Commission and expressed his support for the tabling of this item. A discussion ensued amongst Commissioner Knudsen and Steve Wilson. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO TABLE THIS REQUEST UNTIL THE DECEMBER MEETING FOR ANOTHER PUBLIC HEARING. The motion was seconded and CARRIED by unanimous voice vote. Commissioner Heinrichs abstained. COMMISSIONER HEINRICHS RETURNED TO THE PLANNING AND ZONING COMMISSION. J) CASE 85-077. Request for a variance from Section 17.60.040 r. (Business District Signs) of the Borough Code to permit more than one sign per business enterprise in a B--Business District. Lot 16, Block 1, Russian Creek Alaska Subdivision; 11012 Rezanof Drive West. (O'Kraft and Son, Inc./Bob Blair) BOB PEDERSON indicated that 21 public hearing notices were mailed for this case and 2 were returned, 1 in favor and 1 opposed to the request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. KIBS225796 P & Z REGULAR MEETING -10- NOVEMBER 20, 1985 Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON MOVED TO GRANT A VARIANCE from Section 17.60.040 of the Borough Code to permit more than one sign per business enterprise in a B--Business District on Lot 16, Block 1, Russian Creek Alaska Subdivision, 11012 Rezanof Drive West. The motion was seconded. COMMISSIONER ANDERSON contained in the st into his motion. T orated the adoption of the findings t as "Findings of Fact" for this case gave concurrence. A discussion ensued amongst the Commissioners and Community Development Department staff. A roll call vote was taken and the motion CARRIED unanimously. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of this property is largely a perceptual one. Typically, the average business property owner assumes that they may have any number of signs. This is especially true in the case of gas stations, which usually have several signs identifying the business, the types of service performed, the brand of products sold and signs advertising the gasoline sales price. In this case, it is notable that the applicant is seeking the variance prior to installation of the sign. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would not allow any additional signs on the property. This is an unnecessary hardship when many other businesses in Kodiak (including all the gas stations) have more than one sign. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity be detrimental to the public's health. safety, and welfa Granting of the variance will not be detrimental to the public's health, safety or welfare. The sign will not interfere with safe traffic flow along Rezanof Drive West and will not obscure visibility at the South Russian Creek Road and Rezanof Drive West intersection. 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 business development. Signs are customarily used to identify business establishments. 5. That actions of the applicant did not cause specia I conditions or financial hardship from which relief sought by the variance. In this instance, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to erection of the sign. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Signs are permitted in the Business District. KIBS225797 P & Z REGULAR MEETING -11- NOVEMBER 20, 1985 K) Public hearing on the revised draft of the subdivision ordinance (Title 16) of the Kodiak Island Borough Code. r— LINDA FREED indicated that due to technical difficulties the revised draft is unavailable at present, therefore staff has revised its recommendation and now recommends tabling this item for another public hearing in December. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER ANDERSON MOVED TO TABLE THE DISCUSSION ON THE REVISED DRAFT OF THE SUBDIVISION ORDINANCES (TITLE 16) OF THE BOROUGH CODE TO ANOTHER PUBLIC HEARING AT THE DECEMBER REGULAR MEETING. The motion was seconded and CARRIED by unanimous voice vote. L) CASE 5-85-061. Subdivision of Lot 10, Block 4, Killarney Hills Subdivision to Lots 10A and 10B for zero -lot -line duplex development. (Susan Wiese) DAVE CROWE indicated that 25 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to Case 5-85-061 a zero -lot -line subdivision of Lot 10, Block 4, subject to the three conditions of the Borough Engineer's memorandum dated November 13, 1985. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS: 1. Revise the plat note to read as follows: Lots 10A and 10B are created solely for the purpose of zero -lot -line duplex development with one dwelling unit on each lot. 2. Applicant to provide water and sewer services to each lot before plat is filed with the District Recorder. 3. Change signature line under Plat Approval to Borough Mayor. M) CASE 5-85-063. Subdivision of Lot 12, U.S. Survey 3471 to Lots 12A and 12B. (Tom Dinnocenzo and Terry Hastings) DAVE CROWE indicated that 43 public hearing notices were mailed for this case and 2 were returned, in favor. Regular Session Closed. Public Hearing Opened: TOM DINNOCENZO appeared before the Commission to answers any questions. Public Hearing Closed. Regular Session Opened: KIBS225798 COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL of this subdivision, Case No. 5-85-063, subdivision of Lot 12, U.S. Survey 3471, subject to the four conditions of the Borough P & Z REGULAR MEETING -12- NOVEMBER 20, 1985 Engineer as outlined in his November 13th memorandum. The motion was seconded and CARRIED by unanimous roll call vote. r-1 r CONDITIONS 1. Applicants to obtain the required sanitation approval from the Alaska Department of Environmental Conservation. 2. Provide separate signature lines and Notary's Acknowledgments for: Thomas A. Dinnocenzo Charles W. Hastings. 3. Correct spelling of Dinnocenzo and include P.O. Box numbers under the Prepared For section of the plat. 4. Provide a ten -foot -wide utility easement along the westerly boundary of Lot 12A as requested by Kodiak Electric Association, Inc. 0) CASE S-85-064. Vacation and replat of Lots 4 and 7, Block 4, Miller Point Alaska Subdivision First Addition to Lots 4A through 4I. (Mary Peterson) DAVE CROWE indicated that 47 public hearing notices were mailed for this case and 2 were returned, both opposed to the request. COMMISSIONER KNIGHT declared a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER KNIGHT. A discussion ensued amongst the Borough Engineer and the Commissioners. Regular Session Closed. Public Hearing Opened: Hearing and seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO RETURN THE SUBDIVISION of Lots 4 and 7, Block 4, Case S-85-061, to the subdivider for revision and instruct her to have it redesigned to utilize an internal road system eliminating the need for flag lots; this road could be a through street or end in a standard cul-de-sac. The motion was seconded. A discussion ensued amongst the Commissioners. A roll call vote was taken and the motion CARRIED unanimously. Commissioner Knight abstained. COMMISSIONER KNIGHT returned to the Planning and Zoning Commission. P) CASE S-85-065. Subdivision of Lot 20A, Block 7, Bells Flats Alaska Subdivision to Lots 20A-1 through 20A-4. (Kevin Arndt) DAVE CROWE indicated that 96 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KEVIN ARNDT appeared before the Commission to answer any questions. A discussion ensued amongst the Commissioners, with Community Development Department input, the Borough Engineer and Kevin Arndt. Public Hearing Closed. Regular Session Opened: KIBS225799 P & Z REGULAR MEETING -13- NOVEMBER 20, 1985 A discussion ensued amongst the Commissioners, the Borough Engineer and Kevin Arndt. COMMISSIONER ANDERSON MOVED ON CASE S-85-065 SUBDIVISION of Lot 20A, Block 7, Bells Flats Alaska Subdivision to GRANT PRELIMINARY APPROVAL subject to the following conditions: 1. Prior to recording of the final plat the owner have a survey done by a registered surveyor that shows all existing structures within the subdivision and that none of these are encroachments. r— 2. The existing access road is shown within a platted access -easement. 3. All the lots meet the required 40,000 square feet. 4. All encroachments that are shown be removed prior to recording. 5. D.E.C. approval is required also. The motion was seconded. A discussion ensued amongst the Commissioners and the Borough Engineer. COMMISSIONER ANDERSON incorporated condition #6: 6. The problem with the electrical service be corrected to the satisfaction of Kodiak Electric Association. The second gave concurrence. A roll call vote was taken and the motion FAILED by majority vote. Commissioners Rennell, Knudsen, James, Heinrichs and Knight voted "no." r A discussion ensued amongst the Commissioners and the Borough Engineer. KNIGHT MOVED TO HAVE THIS CASE NUMBER S-85-065 IVISION TO BE RETURNED TO THE APPLICANT FOR MORE ACCURATE, DETAILED PRELIMINARY PLAT. The motion was seconded. A discussion ensued amongst the Commissioners and the Borough Engineer. A roll call vote was taken and the motion to return to applicant CARRIED by unanimous roll call vote. COMMISSIONER ANDERSON stated his reasons for the motion he made earlier. VII OLD BUSINESS A) CASE S-85-031. Subdivision of Lot 2, Block 4, Miller Point Alaska Subdivision First Addition to Lots 2A through 2D. (Lenhart J. Grothe) COMMISSIONER ANDERSON MOVED TO GRANT FINAL APPROVAL ON CASE S-85-031 SUBDIVISION of Lot 2, Block 4, Miller Point Alaska r Subdivision First Addition subject to the three conditions of the Borough Engineer's memorandum of November 13, 1985. The motion was seconded. A discussion ensued amongst the Commissioners, the Borough Engineer and Community Development Department staff. A roll call vote was taken and the motion CARRIED by unanimous roll call vote. CONDITIONS KIBS225800 1. Place an easement for the existing down guy in the southeast corner of Lot 2B on the plat. P & Z REGULAR MEETING -14- NOVEMBER 20, 1985 2. Applicant to install water and sewer services to each lot. 3. Change the signature line under Plat Approval to Borough Mayor. B) CASE S-85-039. Subdivision of a portion of unsubdivided lands within Sections 2 and 3 of protracted Township 27 South, Range 21 West, Seward Meridian creating Lots 1 through 7, Block 1 and Lots 1 through 5, Block 2, Anton Larsen Bay Estates. (Ouzinkie Native Corporation) COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL ON CASE NUMBER S-85-039 ANTON LARSEN BAY ESTATES. The motion was seconded and CARRIED by unanimous roll call vote. VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS A THROUGH D OF THE COMMUNICATION ITEMS INCLUDED IN THE PACKET. The motion was seconded and CARRIED by unanimous voice vote. A. Memo dated September 30, 1985 re: Visqueen tents used for personal boat repair. B. Memo dated October 10, 1985 re: Outdoor storage of "trailers" in residential zoning districts. C. Memo dated October 21, 1985 re: Chapter 17.51 Accessory Buildings -- Building Height Determination. D. Letter to Lenhart J. Grothe from the Borough Engineer dated November 8, 1985 re: Lakeview Subdivision (Case S-83-024) LINDA FREED provided further information about items E and F. E. Letter to the Borough Mayor from the State of Alaska dated November 13, 1985, re: Tideland Lease Application ADL 217166. F. Memo dated November 20, 1985 from the Borough Resource Management Officer, re: KEA Electrical Distribution Line to Chiniak and Pasagshak. COMMISSIONER JAMES MOVED TO DIRECT STAFF TO RESUBMIT THE LETTER WRITTEN ON MAY 23, 1984 TO THE STATE OF ALASKA WITH A COVER LETTER STATING THAT THE COMMISSION STILL AGREES WITH ITS DECISION OF MAY 4, 1984. The motion was seconded. A discussion ensued amongst the Commissioners and the Community Development Department staff. A roll call vote was taken and the motion FAILED by majority vote. Commissioners Anderson, Thompson, Knight, Heinrichs, James and Knudsen voted "no." COMMISSIONER JAMES MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS IX-E AND IX-F AND ALSO TO SCHEDULE A MEETING TO ADDRESS ITEM IX-F A SPECIAL MEETING TO BE HELD DECEMBER 4, 1985, AT 7:30 P.M. IN THE CONFERENCE ROOM r' DOWNSTAIRS. The motion was seconded and CARRIED by unanimous voice vote. 11i Imo'4C I� A) Status Report from the Community Development Department - October 1985. B) Committee appointment to the Borough Parks and Recreation Committee. KIBS225801 P & Z REGULAR MEETING -15- NOVEMBER 20, 1985 COMMISSIONER KNUDSEN volunteered to serve on the Borough Parks and Recreation Committee. r r- XI AUDIENCE COMMENTS There were no audience comments. XII COMMISSIONERS' COMMENTS COMMISSIONER ANDERSON welcomed the new Planning and Zoning Commissioners. - DIN 11400 WIN CHAIRMAN RENNELL adjourned the meeting at 10:30 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: S eve Renner ATTEST BY: Ta^ - 14�1� Patricia Miley, P nning Secretary DATE APPROVED: GfW l 1a� 14gS A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225802 P & Z REGULAR MEETING -16- NOVEMBER 20, 1985