1985-10-16 Regular Meetingr r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - OCTOBER 16, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:32 p.m. by Chairman Gregg on October 16, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Marlin Knight Mike Anderson Dan James Tim Hill III APPROVAL OF AGENDA Others Present: Bob Pederson, Assistant Planner/ Zoning Officer, Community Development Department Dave Crowe, Borough Engineer Engineering Department Patricia Miley, Secretary Community Development Department Others Absent: Linda Freed, Director Community Development Department COMMISSIONER HILL MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: COMMISSIONER JAMES MOVED TO ACCEPT the minutes of the Planning and Zoning Commission Meeting as presented. 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 85-060. 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 single-family residence in order to construct a 12-foot by 24-foot addition on to the rear of an existing structure in an R1--Single-Family Residential District. Lot 29, Block 9, Aleutian Homes Subdivision; 615 Willow Street. (Louis G. Laskie, II) BOB PEDERSON indicated that 68 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: GORDON LASKIE appeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER RENNELL 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 construct a 12-foot by 24-foot addition on the rear of an existing nonconforming single-family residence, Lot 29, Block 9, Aleutian Homes Subdivision, and to adopt the findings contained P & Z Regular Meeting -1- KIBS225763 October 16, 1985 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. In this case, the unique physical condition is the existing nonconforming structure located on the lot. Any expansion of this structure will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would not allow any additions to the existing structure. This is a practical difficulty and unnecessary hardship when the encroachment is only 1.34-feet and the addition will comply with all current setback requirements. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity no be detrimental to the public's health, safety, and welfare. Granting of this variance will not result in material damage or prejudice to other properties in the area. A substantial number of structures in Aleutian Homes Subdivision are nonconforming, and a number of variances have been granted in the past by the Commission for expansion of the cubical content of these nonconforming structures. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. rGranting of the variance will not be contrary to the Iobjectives of the comprehensive plan which identifies this area for medium -density residential development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein, sought by the variance. In this case, actions of the applicant did not cause the conditions from which relief is being sought by a variance. The existing structure was built in 1950 and only purchased by the applicant in 1983. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residential land uses are permitted in this district. B) CASE 85-063. Request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code to permit a new radio transmitter for the Kodiak Public Broadcasting Corporation (KPBC) in a PL--Public Use Lands District. Lot 7A, U.S. Survey 2538B; 718 Mill Bay Road. (Kodiak Island r Borough/KMXT) IBOB PEDERSON indicated that 62 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KIBS225764 RON AGGERT, KMXT's Chief Engineer, appeared before the Commission, explained the request and expressed his support of this request. STEVE AVERY appeared before the Commission and expressed his concern with broadcast interference in his home. P & Z Regular Meeting -2- October 16, 1985 Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Chapter 17.67 of the Borough Code to permit a radio transmitter to locate in a detached accessory building in the PL Lands District on Lot 7A, U.S.Survey 2538B, 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, character, and integrity of the surrounding area. It appears that the purposed use will preserve the value, spirit, character, and integrity of the surrounding area. The structure is located so that it will not interfere with existing landscaping and parking on the property. Additionally, the exterior of the structure will be finished in the same materials, color and trim as the existing borough building. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The use of this lot for a structure to house a radio transmitter will comply with all the requirements of the PL district and will be compatible with the existing public uses of the property. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. The proposed use should not be harmful to the public health, safety, convenience, or comfort if all building and fire codes are met. Compliance with these codes will be assured through the building permit and inspection process. 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. Based on the attached site plan, it appears that sufficient buffers or other safeguards, relative to the scale of the proposed structure, are being provided. 5. If the Dermit is for a public use or )osed use or structure is a manner which will maximize Dublic benefits. The proposed use and structure is located in a manner that should maximize public benefits. The structure will be located on a site that is currently devoted to public land uses and structures. This location will consolidate rather than disperse public facilities throughout the community. C) CASE 85-064. 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 single-family residence F in order to construct a 10-foot by 12-foot addition on to the rear of an existing structure in an R1--Single-Family Residential District. Lot 16, Block 2, Aleutian Homes Subdivision; 515 Maple Street. (Jesus Casanova) BOB PEDERSON indicated that 45 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: LORNA ARNDT appeared before the Commission and expressed her concerns with the use of this property. KIBS225765 P & Z Regular Meeting -3- October 16, 1985 Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, the Community Development Department and Lorna Arndt. COMMISSIONER JAMES 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 construct a 10-foot by 12-foot addition on the rear of an existing nonconforming single-family residence on Lot 16, Block 2, Aleutian Homes Subdivision, subject to the conditions of r approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact' for this case. r CONDITION OF APPROVAL: 1. The trailer located in the rear yard of the property shall not be used for living or sleeping quarters at any time. 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 In this case, the unique physical condition is the existing nonconforming structure located on the lot. Any expansion of this structure will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. 3 0 5. The strict application of the zoning ordinance would not allow any additions to the existing structure. This is a practical difficulty and unnecessary hardship when the addition will comply with all current setback requirements. The arantina of the variance will nor to the public's health, safety, and Granting this variance will not result in material damage or prejudice to other properties in the area. A substantial number of structures in Aleutian Homes Subdivision are nonconforming, and a number of variances have been granted in the past by the Commission for expansion of the cubical content of these nonconforming structures. 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. That actions of the applicant did not conditions or financial hardshin from is In this case, actions of the applicant have caused the conditions from which relief is being sought by a variance. However, there are mitigating circumstances which should be considered in evaluation of this condition. The applicant did begin construction without a building permit but readily agreed to stop at the verbal request of the City Building Official. It should also be noted that the applicant does not have an excellent command of the English language and was therefore unaware of the necessity of a building permit. Staff finds that based on the applicants willingness to comply with the code requirements, once he was aware of them, and that no further construction will occur unless a P & Z Regular Meeting -4• KIBS225766 Dctober 16, 1985 variance is granted, the fact that construction began without a permit should not be held against the applicant. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residential land uses are permitted in this district. D) 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 40 public hearing notices were mailed for this case and 2 were returned, both in favor. Additionally, prior to the meeting a conversation was held with the applicant. The lease agreement for the parking area for the project has not been formalized and therefore staff recommends that this request be tabled until the November meeting. Regular Session Closed. Public Hearing Opened: JACK MCFARLAND appeared before the Commission, explained his request, expressed his support of the concept of the request and requested tabling the matter for a month in order to finalize the lease agreement for the proposed parking area. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO TABLE CASE 85-065 until the November meeting. The motion was seconded and CARRIED by unanimous voice I vote. COMMISSIONERS HILL AND GREGG stated that Case 85-065 was to be placed under Public Hearings on the November agenda. E) CASE 85-066. Request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code to permit an airplane hanger to locate in a C--Conservation District; and a Request for a variance from Section 17.13.040 (Area Requirements) of the Borough Code to permit an airplane hanger to locate on a lot (28,500 square feet) that fails to meet the minimum lot size of five acres and the minimum lot width of 250-feet in a C--Conservation District; and a Request for a variance from Section 17.13.050 (Yards) of the Borough Code to permit an airplane hanger to encroach 12 feet into the required 75 foot front yard setback and 36 feet into the required 75 foot rear yard setback in a C--Conservation District. Tract I -A, U.S. Survey 2539, Kodiak State Airport. (Alaska Department of Fish and Game) BOB PEDERSON indicated that 4 public hearing notices were mailed for this case and none were returned. On Monday a conversation was held with the U.S. Coast Guard Planning Officer who indicated the Coast Guard had no objections and would be forwarding a letter indicating the same. Regular Session Closed. Public Hearing Opened: JERRY McCRARY, representing the Alaska Department of Fish & Game, appeared before the Commission to answer any questions regarding the facility. Public Hearing Closed. Regular Session Opened: KIBS225767 P & Z Regular Meeting -5- October 16, 1985 COMMISSIONER ANDERSON MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.33.030 of the Borough code to permit an airplane hanger to locate in a Conservation District on Tract "I -A", U.S. Survey 2539, 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 FACTS: 1. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. The proposed use will not detract from the value, spirit, character, and integrity of the surrounding area. The principal use of the airport is for aircraft and aviation activities and the proposed hanger would be compatible with these existing land uses and activities. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. Aside from the variances applied for, the proposed use will fulfill all other requirements of the C-Conservation District (Chapter 17.13). 3. That granting the conditional use permit will not be harmful Based on the supporting documents submitted by the applicant, the proposed use will not be harmful to the public health, safety, convenience, and comfort. 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. It appears that sufficient setbacks, lot area, buffers, or other safeguards are being provided for the proposed hanger. COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.33.040 of the Borough Code to permit an airplane hanger to locate on a lot that fails to meet the minimum lot size of 5 acres and the minimum lot width of 250 feet in a Conservation District on Tract "I -A" U.S. Survey 2539, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Section 17.13.050 of the Borough Code to permit an airplane hanger to encroach 12 feet into the required 75 foot front yard setback and 36-feet into the required 75-foot rear yard setback in a C-Conservation District on Tract "I -A", U.S. Survey 2539, 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: A -- for the variances to the minimum lot size of 5 acres, and minimum lot width of 250 feet, and B -- for the variances to the required 75 foot front and rear yard setbacks, as follows: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. A. The unique condition applicable to the intended development is the size of the tract and the need for efficient utilization of land at the State Airport. A 40-foot by 40-foot hanger to house aircraft does not need a 5 acre parcel of land that is 250 feet wide. KIBS225768 P & Z Regular Meeting -6- October 16, 1985 F F F B. The unique condition applicable to the intended development is the size and dimensions of the tract. The tract is 150 feet in depth so any structure on this tract will require a variance from the front and rear yard setback requirements. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. The strict application of the zoning ordinance would require a 250 foot wide 5 acre parcel. This would be a practical difficulty and unnecessary hardship because a larger lot size is not needed and two previous hangers at the airport have been granted similar variance. B. The strict application of the zoning ordinance would not allow any structure to locate on the tract. This is a practical and unnecessary hardship. 3. The arantinc of the variance will not result in material to s and welfare. A. Granting of the variance will not damage or be prejudicial to other properties in the area. The public health, safety, and general welfare will not be compromised. Other properties to the East and West are used for hangers and airplane tiedowns and these uses are compatible with and customarily found at airports. The proposed hanger has been inspected by the City Fire Department and the Alaska Department of Transportation & Public Facilities and found to be structurally sound and not a fire hazard. The hangers location also affords some protection from the wind. The applicant has secured a lease for this site from the Alaska Department of Transportation & Public Facilities. The terms of the lease cover any potential safety concerns with other airport uses. B. Granting of the variance will not damage or be prejudicial to other properties in the area. The public health, safety, and general welfare will not be compromised. Other properties to the East and West are used for hangers and airplane tiedowns and these uses are compatible with and customarily found at airports. The proposed hanger has been inspected by the City Fire Department and the Alaska Department of Transportation & Public Facilities and found to be structurally sound and not a fire hazard. The hangers location also affords some protection form the wind. The applicant has secured a lease for this site from the Alaska Department of Transportation & Public Facilities. The terms of the lease cover any potential safety concerns with other airport uses. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. A. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because the airport area was not included in the plan. B. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because the airport area was not included in the plan. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein, sought by the variance. A. 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 placement of the hanger on the site. MBS225769 P & Z Regular Meeting -7- October 16, 1985 r B. 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 placement of the hanger on the site. 6. That the granting of the variance will not permit a Drohibited land use in the district involved. A. Airports and airport facilities are conditionally permitted in this district. B. Airport and airport facilities are conditionally permitted in this district. F) CASE 85-067. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to bring an existing conditionally permitted use (lumber mill and sawmill) into conformance with the Borough Code. Lot 1, Sawmill Subdivision; 1667 Monashka Bay Road. (Timberline, Inc.) BOB PEDERSON indicated that 16 public hearing notices were mailed for this case and 1 was returned, in favor. Regular Session Closed. Public Hearing Opened: WALT EBELL, representing Timberline, Inc., appeared before the Commission, explained the request and expressed support of this request. DON ROUNSAVILLE appeared before the Commission and expressed his support of this request. SCOTT ARNDT appeared before the Commission and expressed his support of this request. JIM RAMAGLIA appeared before the Commission, expressed his support of this request and stated concerns about the length of time it takes to go through the Planning and Zoning process. The process can take up two and a half months. Alaskan construction -seasons being short, the processing time creates a burden and something needs to be done to shorten the process -time, perhaps the Planning and Zoning Commission ought to consider meeting more than once a month in order to deal with business -people in a more timely fashion. MARCIA OSWALT appeared before the Commission and expressed support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.13.030 of the Borough Code to bring the existing Timberline Sawmill into conformance with Borough Code in a Conservation District on Lot 1, Sawmill Subdivision, subject to the conditions of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL: 1. A buffer strip or greenbelt, 50-feet in width, within and parallel to the property boundary along Monashka Bay Road, shall be reserved on Lot 1, Sawmill Subdivision. No structures shall be placed in the buffer strip and no raw or finished materials shall be stored there. The currently existing natural vegetation and trees shall not be removed. 2. A second access road, 30-feet in width, is permitted for this facility. The location of this road is 250-feet northeast of the existing access point, as shown on the site plan. Removal of trees is permitted only within the 30-foot wide access road. KIBS225770 P & Z Regular Meeting -8- October 16, 1985 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 use will not detract from the value, spirit, character, and integrity of the surrounding area. The sawmill is a long established land use at this location and issuance of a Conditional Use Permit to bring it into conformance with the code will not result in a change in the character or intensity of the use of the land. { A sawmill and lumber mill will also be a compatible use with Isurrounding existing land uses (vacant land and the sanitary landfill) and the range of potential land uses permitted or conditionally permitted on surrounding properties that are zoned Conservation and Public Use Lands. Among other uses, these districts permit agricultural, fishing, forestry, horticultural and hunting activities, utility installations and conditionally permit airports, correctional facilities, petroleum exploration and development, resource extraction, seafood processing establishments and solid waste disposal sites. It is also logical to permit timber processing operations in rural and forested areas, close to the supply of raw materials. A large portion of forested land in the Borough is zoned Conservation. Processing facilities for natural resources are usually located in the hinterland or on the fringe of developed areas where there is accessibility to the raw materials and transportation corridors. The present location of the sawmill provides such accessibility. Lastly, issuance of a Conditional Use Permit for the sawmill should not have an adverse impact on residentially zoned properties in the area. The closest residential lot (Lot 4, Ij Block 1, Island Vista Subdivision) is at least 800-feet away from the sawmill. This distance provides separation for any potential visual and noise impacts. The sawmill also provides a buffer between residential areas and another land use, the landfill. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The proposed use will fulfill all other requirements of the C-Conservation District (Chapter 17.13). All structures exceed the minimum setback distances and meet the building height limit of the Conservation district. Lot 1 of Sawmill Subdivision is also 3 times the minimum lot size required (5 acres) and exceeds the minimum lot width by more than 1,000 feet. 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. Departmental files on this property indicate that while the sawmill has been the subject of some controversy in the past, no conclusive r evidence of harm to the public health and safety has been I demonstrated. Issuance of a Conditional Use Permit for this existing facility will not change the land use and therefore will not result in an increased potential for harm to health and safety concerns. 4. That to meet the conditions listed subsections A through C of this section. There are sufficient setbacks and lot area for the sawmill facility. The existing structures exceed the required setback requirements of the Conservation District by at P & Z Regular Meeting -9- KIBS22577I Dctober 16, 1985 least 50-feet and the lot area of 15 acres provides adequate separation from nearby land uses. Retention of a buffer strip (Greenbelt) of natural vegetation around the boundaries of the site has been a point of dispute in the past. The original lease agreement for this site included a provision for a 100-foot buffer strip along all boundaries of the lot. When the Borough sold the property, the buffer strip was not addressed. However, the plat (Plat 84-46) for Sawmill Subdivision does include a 50-foot greenbelt strip along Monashka Bay Road. In order to ensure retention of the existing buffer strip, it should be included as a condition of approval of the Conditional Use Permit. G) CASE 85-068. Request for a variance from Section 17.33.050 (Yards) of the Borough Code to permit the existing Port Lions Library and a 16-foot by 32-foot Learning Center addition to encroach 6 feet into the required 25 foot front yard setback; and a Request for a variance from Section 17.57.040 (Parking Area Development Standards) of the Borough Code to permit an exemption from the paved public parking lot and screening of adjacent residentially zoned lot requirements; and a Request for a variance from Section 17.57.060 (Off -Street Loading Requirements) of the Borough Code to permit an exemption from the off-street loading requirement in a PL--Public Use Lands District. Lot 5, Block 8, Port Lions Subdivision. (City of Port Lions) BOB PEDERSON indicated that 68 public hearing notices were mailed for this case and none were returned. COMMISSIONER GREGG stated that he received a telephone call from Janet Thompson who stated that due to wind she was not able to come in and due to the fact that she could not make it to answer questions if any serious questions came up and if any Commissioners felt strongly enough against this to turn it down Ir that she would prefer it be tabled address the questions. until she could appear to Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT A REQUEST FOR VARIANCE from Section 17.33.050 of the Borough Code to permit the existing Port Lions Library and a 16-foot by 32-foot Learning Center addition to encroach 6-feet into the required 25-foot front yard setback in a PL--Public Use Lands District on Lot 5, Block 8, Port Lions Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HILL MOVED TO GRANT A REQUEST FOR VARIANCE from Section 17.57.040 (Parking Area Development Standards) of the Borough Code to exempt the Learning Center parking lot from the requirements for paving, bumper guards or wheel stops, and screening along adjacent residentially zoned property on Lot 5, Block 8, Port Lions Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER ANDERSON MOVED TO GRANT A REQUEST FOR VARIANCE from Section 17.57.060 of the Borough Code to exempt the Learning Center parking lot from the requirement for a Type "B" loading berth on Lot 5, Block 8, Port Lions 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 FACTS: KIBS225772 P & Z Regular Meeting -10- October 16, 1985 A -- for the variance to the front yard setback, B -- for the variance to the paving, wheel stops and screening requirements, and C -- for the variance to the provision of an off-street loading berth, as follows: 1. or generally do not apply to other properties in the same land use district. A. The unique conditions applicable to this property and the intended development are the location of the existing Library and other structures on the lot, and the location of the proposed parking area. B. The unique condition applicable to this request is the lack of any paved roads, paved parking lots or paving equipment in Port Lions. C. The unique condition applicable to this request is the total lack of a need for an off-street loading berth. Use of one of the parking spaces should be sufficient for a loading area, if needed. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the zoning ordinance would require the Learning Center addition, parking area and handicapped access to be redesigned or located elsewhere on the lot. This would be an unnecessary hardship. B. Strict application of the zoning ordinance would require paving, wheel stops and screening for the parking lot. This would be an unnecessary hardship as no other parking areas in Port Lions have been required to provide these items. C. Strict application of the zoning ordinance would require a loading berth when there is no need for one. This is an unnecessary hardship. 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. A. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public health, safety, or welfare of the residents of Port Lions for the reasons outlined in 1 and 2, above. B. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public health, safety, or welfare of the residents of Port Lions for the reasons outlined in 1 and 2, above. C. The granting of the variance will not result in material damage to adjacent properties, interfere with safe road traffic and circulation, or be detrimental to the public health, safety, or welfare of the residents of Port Lions for the reasons outlined in 1 and 2, above. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. KIBS225773 P & Z Regular Meeting -11- October 16, 1985 A. The granting of the variance will not be detrimental to the objectives of the Comprehensive Plan. This site is designated for Public Land Uses. B. The granting of the variance will not be detrimental to the objectives of the Comprehensive Plan. This site is designated for Public Land Uses. C. The granting of the variance will not be detrimental to the objectives of the Comprehensive Plan. This site is designated for Public Land Uses. 5. That actions of the applicant did not cause special I conditions or financial hardship from which relief is being sought by the variance. A. In this case, 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 construction. B. In this case, 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 construction. C. In this case, 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 construction. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Libraries are a permitted land use in the PL District. B. C. Libraries are a Libraries are a permitted land use in the PL District. land use in the PL District. permitted H) Public hearing on the revised draft of the subdivision ordinance (Title 16) of the Kodiak Island Borough Code. BOB PEDERSON stated Ms. Freed asked the following message to be relayed to the Commission. Mr. Bolger, the Borough Attorney, contacted her about his review of the document and plans to write you concerning several items he feels are important and should be considered by the Planning and Zoning Commission. Due to the fact that the Community Development Department and the Borough Engineer have not had a chance to review these comments, staff recommends the Commission table this item until the November meeting. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission, expressed a desire to have his comments incorporated into the draft to be presented in November, and reviewed several sections of the October draft. A discussion ensued amongst the Commissioners, Engineering Department staff, and Scott Arndt. PAT SZABO appeared before the Commission and expressed a desire to revise the appeal process to allow those receiving public hearing notices or those submitting written or oral testimony to appeal and to allow, anyone to make oral testimony at the appeal hearing Public Hearing Closed. Regular Session Opened: KIBS225774 A discussion ensued amongst the Commissioners and Community Development Department staff resulting in a request to schedule a P & Z Regular Meeting -12- October 16, 1985 worksession for discussion of the draft revised subdivision ordinance. COMMISSIONER HILL MOVED TO TABLE this until the November meeting and to have a worksession strictly on this. COMMISSIONER GREGG asked if there was to be an additional public hearing. COMMISSIONER HILL responded yes, an additional public hearing in November. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER GREGG recessed the meeting at 8:56. COMMISSIONER GREGG reopened the meeting at 9:05. I) CASE 5-85-052. Preliminary Subdivision of Lot 158, U.S. Survey 3101 to Lots 15B-1, 15B-2, and 15B-3. (Knox N. Christie) DAVE CROWE indicated that 28 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KNOX CHRISTIE appeared before the Commission and expressed his desires and support for this request. A discussion ensued amongst the Commissioners and Knox Christie. TONY PEREZ appeared before the Commission, expressed his support for this request, and addressed his concerns with Tona Lane's development. A discussion ensued amongst the Commissioners and Tony Perez. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department staff, Tony Perez, and Knox Christie. COMMISSIONER ANDERSON MOVED TO APPROVE CASE 5-85-052 PRELIMINARY SUBDIVISION of Lot 15B, U.S. Survey 3101 to Lots 15B-1, 15B-2 and 158-3 with one condition: 1. That the structures on the property must be removed or relocated to conform with the requirements of the zoning ordinance (Title 17) prior to recording of the final plat. GREGG asked for clarification of the motion. COMMISSIONER ANDERSON stated the original plat as first submitted. The motion was seconded and FAILED by majority roll call vote. Commissioners Rennell, Gregg, Hill and Knight voted "no." COMMISSIONER HILL MOVED TO RETURN THIS CASE TO THE APPLICANT. A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER JAMES gave the following directions in returning this request to the applicant: 1. Provision for a full cul-de-sac, or KIBS225775 2. Provision for half of the roadway through the lot. COMMISSIONER HILL ACCEPTED COMMISSIONER JAMES' FRIENDLY AMENDMENT AS STATED ABOVE. The motion was seconded and CARRIED by majority roll call vote. Commissioner Knight cast the dissenting vote. P & Z Regular Meeting -13- October 16, 1985 A discussion ensued amongst the Commissioners, Knox Christie and Engineering Department staff. COMMISSIONER GREGG deferred findings of fact for this case until later on the agenda. J) CASE 5-85-053. Preliminary Subdivision of Lot 10, U.S. Survey 3103 to Lots 10A, 10B, and 10C. (Bob West) DAVE CROWE indicated that 37 public hearing notices were mailed for this case and 1 was returned, opposed to the request. A revised staff report was distributed with the additional handouts prior to the meeting. A discussion ensued amongst the Commissioners and Engineering Department staff. Regular Session Closed. Public Hearing Opened: BOB WEST appeared before the Commission, explained his desires and expressed his support of this request. A discussion ensued amongst the Commissioners, Bob West and Engineering Department staff. SCOTT ARNDT appeared before the Commission, expressed his opinion and support of this request. ROBIN HEINRICHS appeared before the Commission, requested additional information, and expressed his support for this request. Mr. Heinrichs also encouraged the Engineering Department to review changes in ownership prior to issuing public hearing notices. DAVE CROWE detailed the process of issuing public hearing notices according to code requirements and computer limitations. Mr. Crowe also stated that the Borough is in the process of reworking the computer program to alleviate the known limitations. BOB WEST reappeared before the Commission to restate his desires. A discussion ensued amongst the Commissioners, Bob West, and Engineering Department staff. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the subdivision subject to the following conditions: 1. Change the plat to reflect a two -lot subdivision; 2. Add a detail to the plat which clearly shows the lot dimensions at the southerly corner of Lot 10; and 3. Add a plat covenant to the final plat which states, "no further subdivision of Lot 10A or 10B will be permitted." The motion was seconded. A discussion ensued amongst the Commissioners. ICOMMISSIONER ANDERSON MOVED TO AMEND THE MOTION BY DELETING CONDITION NUMBER 3 (ABOVE). The amendment was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners. KIBS225776 The question was called and the main motion as amended FAILED by majority roll call vote. Commissioners Hill, Rennell, James and Knight voted "no." A discussion ensued amongst the Commissioners. Commissioner Gregg deferred findings of fact until later on the agenda. P & Z Regular Meeting -14- October 16, 1985 K) CASE 5-85-054. Preliminary Subdivision of Lot 2A, Block 2, Shahafka Acres Subdivision to Lots 2A-1 and 2A-2. (Pearleen Hunter) DAVE CROWE indicated that 32 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: CRAIG JOHNSON appeared before the Commission representing the property owner, explained the request and expressed support for this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department and Community Development Department staff. COMMISSIONER HILL MOVED ON CASE 5-85-054 SUBDIVISION OF LOT TO GRANT PRELIMINARY SUBDIVISION of Lot 2A, Block 2, Shahafka Acres Subdivision, U.S. Survey 3218, to Lot 2A-2 and Lot 2A-1 with the one condition: 1. Any accessory structures on Lots 2A-1 and 2A-2 that do not meet the minimum requirements of the Zoning Ordinance (Title 17) shall be removed or relocated to conform with the Zoning Ordinance prior to recording of the final plat. The motion was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER KNIGHT MOVED TO AMEND THE MAIN MOTION TO ADD THE FOLLOWING CONDITIONS: I2. Place a note on the plat stating no further subdivision of Lot 2A-1 shall be permitted; and 3. The front yard setback on Lot 2A-1 shall be measured from the rear lot line of Lot 2A-2. The amendment was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER KNIGHT ADDED THE FOLLOWING CONDITION TO THE ABOVE AMRNDMRNTe 4. Installation of water and sewer is required for Lot 2A-1. The amended amendment was seconded and CARRIED by unanimous roll call vote. The main motion as amended CARRIED by majority roll call vote. Commissioner Rennell cast the dissenting vote. L) CASE 5-85-055. Preliminary Subdivision of Lots 6 and 7, U.S. Survey 3100 and Lots 1 and 2, Block 4, Kadiak Alaska Subdivision First Addition to Lots 1 through 31, Perez Estates Subdivision. (Anthony Perez) DAVE CROWE indicated that 71 public hearing notices were mailed for this case and none were returned. Regular Session Closed. j�$52257%% Public Hearing Opened: TONY PEREZ appeared before the Commission, expressed his support and asked if there were any questions. A discussion ensued amongst the Commissioners and Mr. Perez. P & Z Regular Meeting -15- October 16, 1985 JERRY HOLT appeared before the Commission, stated that he was not too happy with this request, and expressed his concerns with the development of Spruce Cape. A discussion ensued amongst the Commissioners, Engineering Department staff and Mr. Holt. SCOTT ARNDT appeared before the Commission and expressed his support of this request with objection to the recommendation from the Engineering Department. Public Hearing Closed. r Regular Session Opened: IA discussion ensued amongst the Commissioners and Mr. Perez. COMMISSIONER HILL MOVED ON CASE S-85-055 TO GRANT PRELIMINARY APPROVAL of this subdivision with the conditions: 1. The applicant to submit road and utility construction plans for review and approval prior to or in conjunction with submission of the final plat; 2. Place a note on the final plat restricting access to/from Lots 1-30 to Perez Way and Lots 10-21 to Wilton White Way; 3. Place a note on the final plat requiring all drainage courses to be unrestricted by development; 4. Place a 5-foot wide electrical easement along all rights -of -way; 5. Place a 25-foot wide anchor easement on Lots 13, 10, 19 and 20 as requested by KEA; 6. Access be incorporated into Carroll Way; and r7. The structure on Lot 30 shall be removed or relocated to Iconform with the requirements of the Zoning Ordinance. The motion was seconded. A discussion ensued amongst the Commissioners. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION ITEM #6: 6. Access be incorporated into Carroll Way or Sharatin. The amendment was seconded and CARRIED by unanimous roll call vote. The main motion CARRIED by majority roll call vote. Commissioners Knight and Rennell cast dissenting votes. COMMISSIONER GREGG deferred findings of fact for this case until later on the agenda. M) CASE VS-85-056. Variance from Kodiak Island Borough Code Section 16.20.050(C) to permit platting of lots with an area or width less than that required by the Zoning Title and Preliminary Subdivision of Block 35A ("Rabbit Reserve") East Addition to Lots 1 through 8, Block 35A for sale to and/or use by adjacent property owners as determined by the City Council of Kodiak. (City of Kodiak) COMMISSIONER KNIGHT requested to be excused due to conflict of interest. COMMISSIONER GREGG excused COMMISSIONER KNIGHT. DAVE CROWE indicated that 66 public hearing notices were mailed for this case and 1 was returned prior to the beginning of the meeting from Mr. and Mrs. Robert Stewart who own Lot 2A, Tolbert Subdivision, in favor of the proposed replat. Regular Session Closed. KIBS225779 Public Hearing Opened: P & Z Regular Meeting -16- October 16, 1985 LES ANDERSON appeared before the Commission and expressed concern with the maintenance of the view from his lot. A discussion ensued amongst the Commissioners, Engineering Department staff and Mr. Anderson. Mr. Anderson was directed to contact City of Kodiak staff regarding his view concerns. MARLIN KNIGHT appeared before the Commission, requested a clarification on the procedure that would be followed for the replatting of this area. A discussion ensued amongst the Commissioners, Engineering Department staff and Mr. Knight. Mr. Knight was informed that the procedure would be a "short -plat" procedure handled administratively by the Engineering Department after a request was received by the adjacent property owners. MARLIN KNIGHT expressed his support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of Case VS-85-056 subdivision subject to the conditions of the memorandum from the Borough Engineer dated October 9, 1985. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL: 1. Place a note on the final plat restricting sale of these lots only to owners of adjacent lots within Paul's Subdivision and Tolbert Subdivision; 2. Place a note on the final plat stating that no structure can be erected unless the property is combined with adjacent land to meet minimum zoning requirements; 3. Place a five-foot wide electrical easement along the Mission Road right-of-way; 4. Correct the bearings of the lines between Lots 2 and 3 and Lots 6 and 7; and 5. Change the Plat Approval section to include a signature line for the Borough Mayor rather than Borough Manager. COMMISSIONER KNIGHT returned to the Planning and Zoning Commission. N) CASE VS-85-057. Variance from Kodiak Island Borough Code Section 16.20.050(C) to permit platting of a lot with an area or width less than that required by the Zoning Title and Preliminary Subdivision of a Portion of Alaska Tidelands Survey (ATS) 49, Creating Tideland Tract N-32B for sale as determined by the electorate. (City of Kodiak) DAVE CROWE indicated that 29 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT A VARIANCE to 16.20.050 and that this subdivision under Case VS-85-057 be GRANTED FINAL APPROVAL subject to the conditions of the memorandum from the Borough Engineering dated October 9, 1985. The motion was seconded and CARRIED unanimous roll call vote. CONDITIONS OF APPROVAL: KIBS225779 P & Z Regular Meeting -17- October 16, 1985 r r r 1. That a note be placed on the final plat stating that no structure may be erected on Tract N-32B unless the property is combined with adjacent land to meet minimum zoning requirements; and 2. That the Plat Approval section be changed to include a signature line for the Borough Mayor rather than the Borough Manager. 0) CASE VS-85-058. Variance from Kodiak Island Borough Code Section 16.20.050(C) to permit platting of a lot with an area or width less than that required by the Zoning Title and Preliminary Subdivision of Block 15, Kodiak Townsite Alaska to Lots 1 and 2, Block 15 for sale to and/or use by an adjacent property owner as determined by the City Council of Kodiak. (City of Kodiak) DAVE CROWE indicated that 74 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Engineering Department staff. COMMISSIONER RENNELL MOVED ON CASE VS-85-058 TO RETURN this to the applicant as recommended in the memo of October 9, 1985 from the Borough Engineer. The motion was seconded and CARRIED by unanimous roll call vote. (A copy of the above -referenced memo is attached to the last page of these minutes.) P) CASE VS-85-059. Variance from Kodiak Island Borough Code Section 16.20.050(C) to permit platting of lots with an area or width less than that required by the Zoning Title and Preliminary Vacation and Replat of Lot 22, Block 1 and Lot 10, Block 2 and a Portion of the Bay View Drive Right -of -Way, Monashka Bay Alaska Subdivision to permit the relocation and construction of Bay View Drive through Lot 10, Block 2 for improved road grade, slope, and sight distance at its intersection with Monashka Bay Road. (Kodiak Island Borough) DAVE CROWE indicated that 32 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department and Community Development Department staff. JAMES MOVED ON CASE VS-85-059 TO GRANT A VARIANCE to 16.20.050 and also GRANT FINAL APPROVAL to subdivision per the six conditions of the memorandum of the Borough Engineer dated October 9, 1985. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL: KIBS22578O 1. Place a note on the final plat stating that no structure may be erected on Lot 10A or 10B unless the lot is combined with adjacent property or until public water and sewer is available and the lots meet the minimum requirements of Title 17; P & Z Regular Meeting -18- October 16, 1985 2. Place a temporary ten -foot wide utility easement adjacent to the original northeasterly right-of-way of Bay View Drive within Lot 22A with a plat note that the easement is to be vacated on June 30, 1987; 3. Place a guy anchor easement on Lot 22A at the location to be established by KEA; 4. Change the title block to indicate that Lot 10A is within Block 2; 5. Change lot designations under ownership signature lines to r Lot 22, Block 1 and Lot 10, Block 2; and 6. Change the Plat Approval section to have a signature line for the Borough Mayor rather than Borough Manager. VII OLD BUSINESS A) CASE 85-059. Request for the rezoning of Lot 8, Block 2, Miller Point Alaska Subdivision First Addition in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code from RR1--Rural Residential One to R2--Two-Family Residential. (Larry Keegan) COMMISSIONER GREGG indicated that this case was tabled at the last regular meeting of the Planning and Zoning Commission and that the area reflected in this request was rezoned to R2 at the October 3, 1985 Assembly meeting. This case was not removed from the table. VIII NEW BUSINESS There was no New Business. COMMISSIONER GREGG requested findings of facts that were postponed be addressed at this time. A. FINDINGS OF FACT FOR CASE S-85-052: 1. There is no adequate turn -around presented, no cul-de-sac presented, or a turn -around area for the three lots. 2. Future extension of Tona Lane was not considered. COMMISSIONER HILL MOVED TO ACCEPT THE ABOVE FINDINGS C CASE S-85-052. The motion was seconded and CARRIED by voice vote. B. FINDINGS OF FACT FOR CASE S-85-053: 1. Make the proposed road and utility easement a dedicated right-of-way which coincides with the existing utility easement centerline. COMMISSIONER HILL MOVED TO ACCEPT THE ABOVE FINDING OF FACT FOR CASE S-85-053. The motion was seconded and CARRIED by unanimous voice vote. C. FINDINGS OF FACT FOR CASE S-85-055: 1 1. The Commission has already set precedent on having a loop or a system where there is a through system and because the proposed Wilton White Way is R3 high -density, that there is too much traffic to just go out on Perez Way and out on to Spruce Cape Road/Mission Road, and that it should either go out on Carroll Way or on Sharatin. Precedents were set in Killarney Hills Subdivision and Woodland Acres Subdivision 5th Addition. COMMISSIONER HILL MOVED TO ACCEPT THE ABOVE FINDING OF FACT FOR CASE S-85-055. The motion was seconded and CARRIED by unanimous voice vote. KIBS225781 P & Z Regular Meeting -19- October 16, 1985 IX COMMUNICATIONS COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS IX -A AND IX-B. The motion was seconded and CARRIED by unanimous voice vote. A) Resignation of Fred Patterson B) Resolutions 85-75-R and 85-79-R X REPORTS COMMISSIONER HILL MOVED TO ACKNOWLEDGE RECEIPT OF ITEM X-A. The r-- motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department - September 1985. XI AUDIENCE COMMENTS TONY PEREZ appeared before the Commission for clarification of the decisions rendered in regards to the proposed subdivision addressed as Item VI-L and Item VIII-C. Mr. Perez expressed dissatisfaction with the decisions. XII COMMISSIONERS' COMMENTS COMMISSIONER KNIGHT expressed congratulations to Commissioner Gregg and stated that he hoped Mr. Gregg could bridge some of the alleged conflicts that exist between the Assembly and the Planning and Zoning Commission. COMMISSIONER GREGG said good-bye. XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 11:01 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Steve Rennell, Chairman ATTEST BY: 7�,4 ) r) Patricia Miley, P6knning Secretary DATE APPROVED: NoocnPrm aO1 005, ATTACHMENT A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225782 P & Z Regular Meeting -20- October 16, 1985