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1985-08-18 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - September 18, 1985 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of August 21, 1985 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 85-054. Request for a variance from Section 17.34.040 (Yards) of the Borough Code to permit 10 zero -lot -line or "townhouse" dwelling units to have the common -wall side yard setback abated on both side property lines instead of having only one side yard abated with the opposite side yard having a minimum setback of 10 feet; and a Request for a variance from Section 17.34.030 (Area Requirements) of the Borough Code to permit zero -lot line or "townhouse" dwelling units to locate on 2 lots (Lots 4A and 5A, Block 2, Alderwood, Case 5-85-030) that exceed the maximum depth -to -width ratio of three -to -one in a R3--Multifamily Residential District. Lots 1 through 27, Block 2, Alderwood r Subdivision (preliminary approval as lots lA through 8A, Block 2, II( Alderwood Subdivision, Case 5-85-030). (Kodiak Properties, Inc.) B) CASE 85-055. Request for a variance from Section 17.06.320 (Home Occupation) of the Borough Code to permit a home occupation (U.S. Post Office for Chiniak) to locate in a detached accessory building instead of being located within an owner -occupied single-family residence in an RR1--Rural Residential District. Lot 1, U.S. Survey 3471. (William G. Crawley) C) CASE 85-056. Request for a variance from Section 17.54.010 (Height -Extension onto Public Property) of the Borough Code to permit a fence to encroach into the public rights -of -way of Maple and Madsen Avenues to the sidewalks. Lot 1, Block 3, Aleutian Homes Subdivision. (Lisa Cogar) D) CASE 85-057. 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 10-foot by 20-foot addition on to the rear of the existing structure in a R1--Single-Family Residential District. Lot 15, Block 2, Aleutian Homes Subdivision. (Rinaldo E. Carr) E) CASE 85-058. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to r permit an office in an existing single-family residence as a home occupation in a R1--Single-Family Residential District. Lot 10, Block 43, East Addition; 1312 Baranof. (Dan O'Neil) F) 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) G) Public hearing on the revised draft of the subdivision ordinance (Title 16) of the Kodiak Island Borough Code. KIBS225739 P & Z Regular Meeting Agenda - 1 - September 18, 1985 H) Planning and Zoning Commission review of the fiscal years (FY) 1986 to 1991 Capital Improvements Program (CIP) for the Kodiak Island Borough. I) CASE 85-061. Request for a variance from Section 17.36.070 (General Provisions) of the Borough Code to permit a portion of an existing roof to be replaced and raised and, to permit a 6-foot by 10-foot addition onto the rear of an existing nonconforming single-family residence in an R3--Multifamily Residential District. Lot 24, Block 2, Erskine Subdivision. (Peter Ramaglia) J) CASE 85-062. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a multi -family dwelling unit (triplex) to locate on a nonconforming lot of record instead of only a single-family residence. Lot 5, Block 30, East Addition; 720 Rezanof Drive East. (Frank Abena, III) K) CASE 5-85-044. Preliminary subdivision of Lot 14, U.S. Survey 3101 to Lots 14A and 14B. (Mary Ann Holmes) L) CASE 5-85-047. Preliminary subdivision of Tract D, Russian Creek Alaska Subdivision to Tracts D1, D2, D3, and D4. (Cy F. Hoen) M) CASE 5-85-048. Preliminary subdivision of Lot 3, Block 7, Woodland Acres Subdivision Fifth Addition to Lots 3A and 3B. (Eric V. Brush) N) CASE 5-85-049. Preliminary subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B. (Melvin W. Kortlever) O) CASE 5-85-050. Preliminary vacation of Lots 9A and 9B, Block 1, Kodiak Townsite Alaska Subdivision and replat to Lots 9A-1, 9A-2, and 9A-3. (Joseph Jensen) FP) CASE 5-85-051. Preliminary subdivision of Lot 8, Block 2, Miller Point Alaska Subdivision First Addition to Lots 8A, 8B, 8C, 8D, and 8E. (Lawrence P. Keegan) VII OLD BUSINESS A) CASE 5-85-036. Final subdivision of Lot 2, Block 7, Woodland Acres Subdivision Fourth Addition to Lots 2A and 2B for zero -lot -line development. (R. T. Ryan) B) Findings of fact for the approval of CASE 85-042. Request for a variance from Section 17.51.050 (Area Requirements) of the Borough Code to permit an existing addition to an accessory building, that exceeds 10 percent of the lot area, to remain on the lot in an R1--Single-family Residential District. Lot 6, Block 3, Leite Addition; 1723 Mission Road. (Terry Lowenberg) C) Findings of fact for the approval of CASE 85-051. Request for a variance from Section 17.51.050 (Area) of the Borough Code to permit an addition to an existing accessory building to encroach 2 feet into the required 5-foot setback from the side lot line in an R3--Multifamily Residential District. Lots 23-24, Block 2, Erskine Subdivision; 220 Mill Bay Road. (Peter Ramaglia) VIII NEW BUSINESS IX COMMUNICATIO A) CASE 85-013. Letter to the applicant regarding compliance with the conditions of approval of an exception which authorized construction of a temporary structure to aid in top -soil screening on Tract C-1, U.S. Survey 1682. (Michael Anderson) B) Letter to the Shelikof Lodge regarding off-street parking for the lodge and the lease of Lot 18, Sublot 7, Thorsheim Subdivision for use by a different business. KIBS225740 P & Z Regular Meeting Agenda - 2 - September 18, 1985 r- C) CASE 84-116. Review of conditions of approval of appeal relief, which authorized construction of a residence on Lot 7, Block 8, Kodiak Townsite. (Wilton White) D) Letter from State of Alaska, Department of Natural Resources regarding proposed PY87 Land Disposal Projects. X REPORTS A) Community Development Department Monthly Status Report - for August. B) XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review work session for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. PUBLISH: DISPLAY AD Kodiak Daily Mirror Kadiak Times KIBS225741 P & Z Regular Meeting Agenda - 3 - September 18, 1985 F F F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - SEPTEMBER 18, 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 September 18, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Ken Gregg, Chairman Steve Rennell Tim Hill Dan James Mike Anderson Commissioners Absent: Marlin Knight, Excused Fred Patterson III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bob Pederson, Assistant Planner/ Zoning Officer, Community Development Department Anne Moen, Secretary Engineering Department Patricia Miley, Secretary Community Development Department Others Absent: Dave Crowe, Borough Engineer COMMISSIONER HILL MOVED TO APPROVE THE AGENDA. The motion was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS: Commissioner James noted that on page 15 the motion concerning the subdivision of Mr. Johnson it was Commissioner Rennell who spoke with Ian Fulp earlier in the day. Commissioner Gregg requested that on page 2, in item A of Appearance Requests, where "Commissioner Hill moved to adopt option number three" a short description of option number three be added for clarification. COMMISSIONER JAMES MOVED TO ACCEPT the minutes of the August 21, 1985 Planning and Zoning Commission Meeting as corrected. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no Appearance Requests nor Audience Comments. VI PUBLIC HEARINGS A) CASE 85-054. Request for a variance from Section 17.34.040 (Yards) of the Borough Code to permit 10 zero -lot -line or "townhouse" dwelling units to have the common -wall side yard setback abated on both side property lines instead of having only one side yard abated with the opposite side yard having a minimum setback of 10 feet; and a Request for a variance from Section 17.34.030 (Area Requirements) of the Borough Code to permit zero -lot line or "townhouse" dwelling units to locate on 2 lots (Lots 4A and SA, Block 2, Alderwood, Case S-85-030) that exceed the maximum depth -to -width ratio of three -to -one in a R3--Multifamily Residential District. Lots 1 through 27, Block 2, Alderwood Subdivision. BOB PEDERSON indicated that 83 public hearing notices were mailed for this case and 7 were returned, 5 in favor and 2 opposed to the request. Noted also was the fact that one person wrote in P & Z Regular Meeting -1 KIBS225742. September 18, 1985 twice, originally the individual was opposed to the request and later changed their mind and wrote in in support of the request. COMMISSIONER GREGG asked if this was included in the 5 to 2 or if it is now 6 to 1. BOB PEDERSON indicated it would make it 5 to 1. Regular Session Closed. Public Hearing Opened: TOBY COOK appeared before the Commission, representing Kodiak Properties, explained the request, and expressed support of this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Staff. COMMISSIONER JAMES MOVED TO GRANT A VARIANCE from Section 17.34.040 (Yards) of the Borough Code to permit 10 zero -lot -line or "townhouse" dwelling units to have both common -wall side yard setbacks abated on Lots 1 through 27, Block 2, Alderwood Subdivision (preliminary approval as lots lA through 8A, Block 2, Alderwood Subdivision, Case 5-85-030), and to adopt the findings of fact 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. use or intenaea use aDDly to other or conditions r The unique condition applicable to the intended use of the land is the architectural style proposed by the applicant. The proposed structures are commonly known as "detached zero -lot -line residences." The exception here is that beams from one structure will extend to a structure on an adjoining lot. Additionally, this block of Alderwood Subdivision is already platted for 27 townhouse dwelling units which can be considered a form of zero -lot -line development. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would only allow attached zero -lot -line structures to be constructed. This is a practical difficulty because the zero -lot -line section of the ordinance does not address many other types of zero -lot -line development. Further, the current zoning of the property (R2 and R3) would allow a higher density of development than is proposed with this development. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. The surrounding area is all zoned for and/or developed with a higher residential density than is proposed. All other code requirements will be met. Therefore, the public health, safety and welfare should not be compromised. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area for medium -density residential development. P & Z Regular Meeting -2 KIBS225743 September 18, 1985 F F F 5. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance will be decided prior to construction of the proposed structures. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Zero -lot -line residential land uses are permitted in this district. COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.34.030 of the Borough Code to permit zero -lot line or "townhouse" dwelling units to locate on 2 lots (Lots 4A and 5A, Block 2, Alderwood) that exceed the maximum depth -to -width ratio of three -to -one in a R3--Multifamily Residential District." The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell cast the dissenting vote. Findings of Fact for this variance were deferred to the end of the meeting. B) CASE 85-055. Request for a variance from Section 17.06.320 of the Borough Code to permit a home occupation (U.S. Post Office for Chiniak) to locate in a detached accessory building instead of being located within an owner -occupied single-family residence in an RR1--Rural Residential District. Lot 1, U.S. Survey 3471. BOB PEDERSON indicated that 75 public hearing notices were mailed for this case and 3 were returned, all in favor of the request. Regular Session Closed. Public Hearing Opened: CLIFF STONE appeared before the Commission and expressed his support of the request. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A VARIANCE from Section 17.06.320 (Home Occupation) of the Borough Code to permit a home occupation (U.S. Post Office for Chiniak) to locate in a detached accessory building, Lot 1, U.S. Survey 3471, and to adopt the findings contained in the staff report as "Findings of Fact." The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. 2 circumstances or conditions not apply to use In this case, the unique condition is the location of the residence on the property. It is located approximately 350' from the road and is not visible to passing motorists. A public use such as a post office should be located near and easily accessible to an arterial road. A long private driveway is not appropriate access for a facility serving the entire Chiniak Community (approximately 200 residents). Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the zoning ordinance would only allow the post office to locate within the existing residence. This is a practical difficulty and unnecessary hardship because a post office for a community the size of Chiniak would be disruptive to the homeowner if located within their residence. Also, the applicant has been P & Z Regular Meeting -3 KIBS225744 September 18, 1985 3. awarded the contract for the Chiniak Post Office at the proposed location. It would be an unnecessary hardship to require the applicant to negotiate a new lease with the U.S. Postal Service. or prejudice to other properties in the vicinity nor mental to the nublic's health. safetv. and welfare. Granting of this variance will not result in material damage or prejudice to other properties in the area. The post office will serve an overall need of the Chiniak Community and in its proposed location, should not be detrimental to surrounding land uses. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of this variance will not be detrimental to the objectives of the comprehensive plan. 5. That actions of the applicant did not cause sought by the variance. In this case, actions of the applicant have not caused the special conditions from which relief is being sought by a variance. This variance request will be decided prior to locating the home occupation within a detached accessory structure. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings and home occupations are permitted in this district. C) CASE 85-056. Request for a variance from Section 17.54.010 (Height -Extension into Public Property) of the Borough Code to permit a fence to encroach into the public rights -of -way of Maple and Madsen Avenues to the sidewalks. Lot 1, Block 3, Aleutian Homes Subdivision. BOB PEDERSON indicated that 38 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 HILL MOVED TO GRANT A VARIANCE from Section of the Borough Code to permit a 4' fence to encroach onto Maple Street right-of-way across Lot 1, Block 3, Aleutian Homes Subdivision as shown on the attached "as -built" survey, 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. There are four conditions. COMMISSIONER GREGG requested the conditions be read. COMMISSIONER HILL read the following conditions: 1. The fence is constructed at the applicants sole expense. 2. The applicant assumes any liability associated with said fence on City -owned property. 3. If at a future date the City determines that the fence must be removed from the City -owned property, the applicant or any subsequent owner of Lot 1, Block 3, Aleutian Homes Subdivision, agrees to remove same without cost to the City. P & Z Regular Meeting -4- KIBS225745 September 18, 1985 4. Since the land is publicly owned, no prescriptive right accrues to the user. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to do not apply to The exceptional condition applicable to the intended use of the property is largely a perceptual one. Typically, the average property owner assumes that all the land out to the sidewalk is their "yard," and that they should be able to erect a fence around that yard. In this case, it is notable that the applicant is seeking permission for the fence to locate on the public property prior to erecting the fence. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to be placed on the property lines. This is an unnecessary hardship when many other fences in the same subdivision have encroached on the public property without first receiving a variance. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor he detrimental to the public's health. safetv. and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare. The fence will not interfere with safe traffic flow along Maple Street and will not obscure visibility at the Maple and Madsen intersection. Also, the conditions outlined in the City's letter ensure that any future removal of the fence will not impose a cost to the public. 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. 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 instance, action 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 of the fence. 6. That the granting of the variance will not permit a involved. Fences are permitted in all land use districts. D) CASE 85-057. Request for a variance from Section 17.16,070 (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 10-foot by 20-foot addition to the rear of the existing structure in a R1--Single-Family Residential District. Lot 15, Block 2, Aleutian Homes Subdivision. BOB PEDERSON indicated that 37 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing none. KIBS225746 P & Z Regular Meeting -5- September 18, 1985 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 single-family residence in order to construct a 10-foot by 20-foot addition on the rear of the existing nonconforming single-family residence, Lot 15, Block 2, 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. rFINDINGS 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 0.5 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 nor be detrimental to the public's health, safety, and welfare. r Granting of this variance will not result in material damage ll 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. F 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein 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 1951 and only purchased by the applicant in 1984. 6. That the granting of the variance will not permit a use in the district involved. Single-family residential land uses are permitted in this district. E) CASE 85-058. 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 10, Block 43, East Addition; 1312 Baranof. BOB PEDERSON indicated that 27 public hearing notices were mailed for this case and none were returned. KIBS225747 P & Z Regular Meeting -6- September 18, 1985 Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 of the Borough Code to permit an office with off -site sales only as a home occupation to locate within the existing single-family residence on Lot 10, Block 43, East Addition, and to adopt the findings contained in the staff report as "findings of fact." 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 surrounding area. The home occupation will be conducted entirely within the residence, the exterior appearance of the structure will not change, and no customers will call at the residence. There will be no storage of materials at the site. 2. That the conditional use fulfills all other requirements of this chanter oertainino to the conditional use in ctuestion. The proposed use will fulfill all other requirements of the Rl--Single-family Residential District (Chapter 17.18). 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience, and comfort. r 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 liste in subsections A through C of this section. As the home occupation will be conducted entirely within the existing residence and because no customers will call at the residence, and because there will be no storage of merchandise on the lot, provision of additional buffers or other safeguards are not necessary in this instance. Should the nature of the home occupation change over time, the Commission could review the changes to determine if additional safeguards are appropriate. F) 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. BOB PEDERSON indicated that 56 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 opposition to rezoning this one particular lot until the Assembly acts upon the rezoning ordinance concerning the Miller Point area at their next regular meeting. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners. KIBS225748 P & Z Regular Meeting -7- September 18, 1985 COMMISSIONER JAMES MADE A MOTION ON CASE 85-059 TO TABLE this request and advertise, notice, and hold a second public hearing on a rezone area to contain all properties that were included in Case 85-014 if the Assembly does not choose to move on action in rezoning this area. The motion was seconded and CARRIED by unanimous roll call vote. G) Public hearing on the revised draft of the subdivision ordinance (Title 16) of the Kodiak Island Borough Code. LINDA FREED indicated that this particular code revision is before the Commission for the first formal public hearing. It has been a subject of a number of meetings of the Commission. When the project was first started a "Subdivision Technical Committee" was was instituted by the Commission made up of lay -people in the community that had some expertise in this area to advise the Commission on how the draft should be revised. The Committee has also met numerous times with the Commission. Staff is recommending at this time, that this public hearing be held and that the project then be tabled for an additional public hearing next month. For the Commission's information, individual public hearing notices were not sent out on this particular item because the ordinance changes could affect every property owner in the Borough so what was done is broad advertising in the local newspaper. Gordon Lewis, the consultant working with Borough staff in putting this together, was introduced. He will highlight the differences between this particular draft of the revision, which is the fourth draft that has been considered by the Technical group and the Commission, and the last draft. GORDON LEWIS highlighted the changes between the September and August drafts of the proposed Subdivision Ordinance. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed his concerns with specific items in the proposed subdivision ordinance draft. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO TABLE this item until the October meeting for another public hearing. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER GREGG recessed the meeting at 8:50 p.m. and reconvened the meeting at 9:00 p.m. H) Planning and Zoning Commission review of the fiscal years (FY) 1986 to 1991 Capital Improvements Program (CIP) for the Kodiak Island Borough. LINDA FREED indicated it is an annual project of the Planning and Zoning Commission to review the Borough CIP and make a recommendation to the Borough Assembly on the CIP which is put together for the state legislature. In the packet there is a copy of a revised draft resolution that was the last list formulated by the Borough Assembly at their worksession and a copy of an amended priority list that the Commission directed staff to prepare as a result of a worksession two weeks ago. Staff recommends that the Commission take action on this list tonight, by making a recommendation as to what the priority list should contain and the order that those items should be contained in the list and staff will forward it to the Assembly for their worksession tomorrow night at which they will be considering this item. Regular Session Closed. Public Hearing Opened: KIBS225749 P & Z Regular Meeting -8- September 18, 1985 F F TONY PEREZ appeared before the Commission and expressed his views concerning the CIP, particularly that the Sheratin/Perenosa road project be higher on the list. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners. COMMISSIONER HILL MOVED TO AMEND THE AMENDED CIP and approve the priority list as identified below. The motion was seconded and CARRIED by majority voice vote. Commissioner Rennell cast a dissenting vote. HILL MOVED TO PASS ALONG THIS Y. The motion was seconded and CARRIED call vote. RECOMMENDED FY 87 CIP PRIORITIES Kodiak Island Borough Planning & Zoning Commission September 1985 1. Cold Storage Facility A&E $ 500,000 2. Solid Waste Disposal Site 2,000,000 3. Fisheries Industrial Technology Center (FITC) 8,500,000 4. Hospital Construction 15,600,000 5. Cape Chiniak Road Erosion/Relocation 350,000 6. School Addition/Upgrade East Elementary, Larsen Bay, Old Harbor, Port Lions 11,340,000 7. Service District #1 Water & Sewer Projects 4,900,000 8. Kitoi Bay & Karluk Hatcheries Improvements 400,000 9. Sheratin/Perenosa Construction 3,000,000 10. Borough Apartments/Upgrade 250,000 11. Sargent Creek/Birch Circle 900,000 12. Kodiak Community College Health & Science Building A&E/Phase I 3,800,000 13. State Airport Expansion/Upgrade 5,000,000 14. DOT Maintenance Facility 4,500,000 15. Mill Bay Reconstruction A&E Cutoff Road to Y 2,600,000 16. Airport Runway Lighting Project 956,000 17. Airport Sewage Treatment Plant 1,500,000 18. Old Harbor Airport Construction 3,000,000 19. Kalsin Hill 3,900,000 20. Runway 18-36 Resurfacing 2,512,000 21. Turn Lanes at Airport, Base & Post Office 22. Permanent Breakwater 26,260,000 I) CASE 85-061. Request for a variance from Section 17.36.070 (General Provisions) of the Borough Code to permit a portion of the existing roof to be replaced and raised and, to permit a 6-foot by 10-foot addition onto the rear of the existing nonconforming single-family residence in an R3--Multifamily Residential District. Lot 24, Block 2, Erskine Subdivision. BOB PEDERSON indicated that 84 public hearing notices were mailed for this case and 3 were returned, all in favor. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: KIBS225750 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 an existing nonconforming single-family P & Z Regular Meeting -9- September 18, 1985 residence on Lot 24, Block 2, Erskine Subdivision, and to adopt the findings contained in the staff report as "findings of fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions appl to the property or intended use of development, which aenerallv do not aoDly to other properties in the sam The unique condition applicable to this lot is the existing nonconforming structure. Any addition to this structure will expand its cubical content. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. The strict application of the nonconforming section to the ordinance would not allow any additions to the existing structure, even if in full compliance with all other code requirements. This is a practical difficulty and unnecessary hardship. 3. The arantinq of the variance will not result in material to th, safety, and welfare. Granting of the variance for expansion of the cubical content of the nonconforming structure will not damage or be prejudicial to other properties in the area. The public health, safety, and general welfare will not be compromised. 4. The granting of the variance will not be co3 objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area as Central Business District. 5. That tions or variance. did not cause Action of the applicant did not cause the special condition from which relief is being sought by a variance. The existing structure was built prior to adoption of a zoning ordinance in the Kodiak Island Borough. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are permitted in this district. J) CASE 85-062. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a multi -family dwelling unit (triplex) to locate on a nonconforming lot of record instead of only a single-family residence. Lot 5, Block 30, East Addition; 720 Rezanof Drive East. BOB PEDERSON indicated that on page one the lot size should read 8,083 square feet as identified at the worksession and secondly, 25 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: FRANK ABENA appeared before the Commission and expressed his support of the request. ROBIN HEINRICHS appeared before the Commission, discussed the request and expressed his support of the request. KIBS225751 P & Z Regular Meeting -10- September 18, 1985 LORNA ARNDT appeared before the Commission and expressed her support of the request. F Public Hearing Closed. Regular Session Opened: COMMISSIONER RENNELL MOVED TO GRANT A VARIANCE from Section 17.36.030 of the Borough Code to permit the construction of a multi -family dwelling unit on a nonconforming lot of record in an R3-Multi-family Residential District. Lot 5, Block 30, East Addition, and to adopt the findings contained in the staff report as "findings of fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which cenerally do not apply to other properties in the same land In this case, the unique physical circumstance is the width (50') of this nonconforming lot of record. Although this lot fails to meet the width requirement, it exceeds the minimum area requirement of 7,200 square feet for a triplex. Further, Lot 5 is one of the two largest lots in this block at 8,083 square feet. 2. Strict application of the zoning ordinances would result in -- -- ..----------- 1._...i-L.:..- The strict application of the zoning ordinance would only allow a single-family residence to be built on the lot. This is an unnecessary hardship as the lot was recently rezoned for multifamily uses, and all other requirements of Title 17 such as height of structures, setbacks and off-street parking will be met. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity no he detrimental to the uublic's health. safetv, and welfare. Granting of the variance will not result in material damage or prejudice to other properties in the area. The surrounding area is all zoned for multifamily residences. All other code requirements such as parking and setbacks will be met. Therefore, the public health, safety, and general welfare will not be compromised. 4. The granting o objectives of A 3 to the Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. That actions of the applicant did not conditions or financial hardship from is In this case, actions of the applicant did not cause the conditions from which relief is being sought by a variance. The lot was platted in 1952 and only purchased by the applicant in 1983. the granting of the v bited land use in the a Multifamily residential land uses are permitted in this district. K) CASE 5-85-044. Preliminary subdivision of Lot 14, U.S. Survey 3101 to Lots 14A and 14B. (Mary Ann Holmes) KIBS225752 P & Z Regular Meeting -11- September 18, 1985 ANNE MOEN indicated that 25 public hearing notices were mailed for this case and 3 were returned, all in favor. Regular Session Closed. Public Hearing Opened: JESS HOLMES appeared before the Commission, discussed his concerns and expressed his support of the request. SCOTT ARNDT appeared before the Commission, discussed his concerns, and expressed his support of the request. DAN MERRIGAN appeared before the Commission, discussed his concern, and expressed his support of the request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department staff, Community Development Department staff, and the applicants. COMMISSIONER JAMES MOVED ON CASE NUMBER 5-85-044 SUBDIVISION OF LOT 14, U.S. SURVEY 3101 TO LOTS 14A and 14B THAT WE GRANT FINAL APPROVAL subject to the following two conditions: 1. That the lot line between Lots 14A and 14B extend from the center of Tona Lane right-of-way established by the subdivision of Lot 20A, U.S. Survey 3100 to the southwest corner of Lot 15A, U.S. Survey 3101, and 2. That along with the submittal of the final plat or before the submittal of the final plat that KEA submit a letter expressing the changes in utility easement placement brought up by Mr. Holmes at this meeting. The motion was seconded and CARRIED by unanimous roll call vote. Ir L) CASE 5-85-047. Preliminary subdivision of Tract D, Russian Creek Alaska Subdivision to Tracts D1, D2, D3, and D4. ANN MOEN indicated that 33 public hearing notices were mailed for this case and one was returned. Regular Session Closed. Public Hearing Opened: CY HOEN appeared before the Commission and expressed his support of this request. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT A PRELIMINARY APPROVAL to Case Number 5-85-047 subdivision of Tract D, Russian Creek Alaska Subdivision to Tracts D-1, D-2, D-3, and D-4 per the four conditions stated in the September 18th memo from the Borough Engineer. The motion was seconded and CARRIED by unanimous roll call vote. 1. That the applicant obtain the required subdivision sanitation approval from the Alaska Department of Environmental Conservation; 2. That electrical utility easements be provided for KEA's existing service lines on proposed Lots D-1, D-3, and D-4 and that ten -foot -wide utility easements be placed along each side of all side lot lines, as requested by KEA; 3. That the buildings located on proposed Lots D-2 and D-4 be either removed or relocated to ensure they will not project into any required yard setback, prior to filing of the final plat with the District Recorder; and 4. That a note be placed on the final plat stipulating that P & Z Regular Meeting -12- KIBS225753 >eptember 18, 1985 streams and/or natural drainage courses shall not be blocked or impeded. M) CASE 5-85-048. Preliminary subdivision of Lot 3, Block 7, Woodland Acres Subdivision Fifth Addition to Lots 3A and 3B. COMMISSIONER HILL was excused due to conflict of interests. ANNE MOEN indicated that 16 public hearing notices were mailed for this case and none were returned. Regular Session Closed. r - Public Hearing Opened: RICK BRUSH appeared before the Commission, discussed the request, and expressed his support of the request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to a subdivision of Lot 3, Block 7, Woodland Acres Subdivision Fifth Addition to Lots 3A and 3B subject to the following conditions: 1. That the final plat be subject to drafting corrections and approval by the Borough Engineer; and 2. That a note be placed on the final plat to read streams and natural drainage courses shall not be blocked or impeded. The motion was seconded and FAILED by roll call vote. Commissioners Anderson and Gregg voted "yes," and Commissioners James and Rennell voted "no." COMMISSIONER GREGG deferred the findings of fact for this case until later on the agenda. N) CASE 5-85-049. Preliminary subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B. ANNE MOEN indicated that 41 public hearing notices were mailed for this case and 1 was returned, in favor of the request. A discussion ensued amongst the Commissioners and Engineering Department staff. Regular Session Closed. Public Hearing Opened: Seeing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL of the subdivision of Lot 3, Block 4, Bells Flats Alaska Subdivision to Lots 3A and 3B subject to the following two conditions: '-- 1. The applicant obtain the required sanitation approval from the Alaska Department of Environmental Conservation; and 2. That a 10-foot drainage easement be placed on either side of the lot line dividing proposed Lots 3A and 3B. The motion was seconded and CARRIED by unanimous roll call vote. A discussion ensued amongst the Commissioners and Engineering Department staff. 0) CASE 5-85-050. Preliminary vacation of Lots 9A and 9B, Block 1, Kodiak Townsite Alaska Subdivision and replat to Lots 9A-1, 9A-2, and 9A-3. KIBS225754 P & Z Regular Meeting -13- September 18, 1985 ANNE MOEN indicated that 25 public hearing notices were mailed for this case. A discussion ensued amongst the Commissioners, Engineering Department staff, and Community Development Department staff. Regular Session Closed. Public Hearing Opened: ROBERT GRAY appeared before the Commission, expressed his support of this request and discussed the proposed subdivision. rJOE JENSEN appeared before the Commission, expressed his support of this request and discussed the proposed subdivision. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to a vacation and replat of Lots 9A and 9B, Block 1, Kodiak Townsite Alaska per the first four conditions of the September 18th memo from the Borough Engineer and that number 6 is moved to number 5 and that number 3 is changed to read that the applicant remove the existing buildings which straddle the proposed lot line between Lots 9A-2 and 9A-3 before a certificate of occupancy is issued for the dwelling unit on lot 9A-2. The motion was seconded. A discussion ensued amongst the Commissioners, Engineering Department staff and Community Development Department staff. The motion CARRIED by unanimous roll call vote. Conditions of Approval: 1. That the names of the owner of record be shown in the Ownership Affidavit and Notary's Acknowledgement as follows: Joseph A. Jensen; Mary J. Jensen; 2. That each lot shall have driveway access from Mission Road, that Lots 9A-1 and 9A-3 shall provide the required number of off-street parking spaces, and that the applicant present plans for providing off-street parking for the individual lots; 3. That the applicant remove the existing buildings which straddle the proposed lot line between Lots 9A-2 and 9A-3 before a certificate of occupancy is issued for the dwelling unit on lot 9A-2; 4. That the portion of the house on proposed Lot 9A-1 that encroaches into the required 8.9-foot side yard setback shall be removed prior to recording of the final plat or that the proposed lot lines shall be adjusted so that the house meets all setback requirements; and 5. That a five -foot -wide electrical easement be placed along the back lot line as requested by KEA. P) CASE 5-85-051. Preliminary subdivision of Lot 8, Block 2, Miller Point Alaska Subdivision First Addition to Lots 8A, 8B, 8C, 8D, and 8E. ANN MOEN indicated that 54 public hearing notices were mailed for this case and none were returned. A discussion ensued amongst the Commissioners and Engineering Department Staff. Regular Session Closed. Public Hearing Opened: KIBS225755 P & Z Regular Meeting -14- September 18, 1985 LORNA ARNDT appeared before the Commission and stated she thought this item ought to be tabled. Public Hearing Closed. Regular Session Opened: COMMISSIONER HILL MOVED TO GRANT PRELIMINARY APPROVAL of the subdivision subject to the following conditions: 1. The applicant to provide water and sewer services to each lot; 2. The area is rezoned to allow lot sizes smaller than 20,000 square feet; and 3. That a 10-foot wide electrical easement to be added on Lots 8B through 8E adjacent to the Melnitsa Lane right-of-way as requested by KEA. The motion was seconded. A discussion ensued amongst the Commissioners and Engineering Department staff. The motion CARRIED by unanimous roll call vote. VII OLD BUSINESS A) CASE 5-85-036. Final subdivision of Lot 2, Block 7, Woodland Acres Subdivision Fourth Addition to Lots 2A and 2B for zero -lot -line development. COMMISSIONER JAMES MOVED TO GRANT FINAL APPROVAL to a subdivision of Lot 2, Block 7, Woodland Acres Subdivision Fourth Addition to Lots 2A and 2B for zero -lot -line duplex development per the two conditions in the September llth memo from the Borough Engineer's Secretary. The motion was seconded and CARRIED by unanimous roll call vote. Conditions of Approval: 1. That a note be added to the final plat stating, "natural drainage courses and streams shall not be blocked or impeded," and 2. That the final plat be subject to the review and approval of the Borough Engineer prior to its being forwarded for filing with the District Recorder. B) Findings of Fact for CASE 85-042. Request for a variance from Section 17.51.050 (Area Requirements) of the Borough Code to permit an existing addition to an accessory building, that exceeds 10 percent of the lot area, to remain on the lot in an R1--Single-family Residential District. Lot 6, Block 3, Leite Addition; 1723 Mission Road. COMMISSIONER HILL MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. 2 Exceptional physical circumstances or conditions applicable to the property or intended use of development, which aenerally do not annly to other nronerties in the same land use district. The unique physical condition applicable in this case is the existing nonconforming accessory structure. Strict application of the zoning practical difficulties or unnece )uld result in Strict application of the zoning ordinance would require the addition to be removed. This is an unnecessary hardship and practical difficulty. KIBS225756 P & 2 Regular Meeting -15- September 18, 1985 3. The grantinq of the variance will not result in or r F to the public's Granting of the variance will not be detrimental to the public's health, safety and welfare because all outdoor storage must be relocated within the structure. This will eliminate a potential attractive nuisance to children. 4. The granting of the variance will ve vian_ Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. 5. That the granting of the variance will not pe prohibited land use in the district involved. Residential accessory buildings are permitted in this district. The motion was seconded and CARRIED by unanimous roll call vote. C) Findings of Fact for CASE 85-051. Request for a variance from Section 17.51.050 (Area) of the Borough Code to permit an addition to an existing accessory building to encroach 2 feet into the required 5-foot setback from a side lot line in an R3--Multifamily Residential District. Lots 23-24, Block 2, Erskine Subdivision; 220 Mill Bay Road. COMMISSIONER HILL MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. or conditions to the property or intend aenerally do not apply to The unique physical circumstance in this case is the existing nonconforming accessory structure. 2. Strict of the zoning ordinances .ies or unnecessary hards The strict application of the zoning ordinance would result in a practical difficulty of unusable driveway access to Rezanof Drive. 3. The granting of the variance will not result in material or prejudice to other properties in the vicinity nor mental to the public's health, safety, and welfare. Granting of the variance to allow encroachment into the side yard setback will not damage or be prejudicial to other properties in the area. 4. The granting of the variance will not be contrary to objectives of the Comprehensive Plan. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. 5. That actions of the applicant did not cause spe conditions or financial hardship from which rel sought by the variance. Action of the applicant did not cause the special condition from which relief is being sought by a variance. The existing structure was built in 1957, prior to adoption of a zoning ordinance in the Kodiak Island Borough. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Residential accessory buildings are permitted in this district. P & Z Regular Meeting -16- KIBS225757 September 18, 1985 The motion was seconded and CARRIED by unanimous roll call vote. VIII NEW BUSINESS IX There was no New Business. COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS A, B & D listed below. The motion was seconded and CARRIED by unanimous voice vote. A) CASE 85-013. Letter to the applicant regarding compliance with the conditions of approval of an exception which authorized construction of a temporary structure to aid in top -soil screening on Tract C-1, USS 1682. (Michael Anderson) B) Letter to the Shelikof Lodge regarding off-street parking for the lodge and the lease of Lot 18, Sublot 7, Thorsheim Subdivision for use by a different business. D) Letter from State of Alaska, Department of Natural Resources regarding proposed FY87 Land Disposal Projects. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER RENNELL MOVED TO ACKNOWLEDGE RECEIPT OF ITEM C listed below. The motion was seconded and CARRIED by unanimous voice vote. C) CASE 84-116. Review of conditions of approval of appeal relief, which authorized construction of a residence on Lot 7, Block 8, Kodiak Townsite. (Wilton White) X REPORTS A) Status Report from the Community Development Department. B) Findings of Fact for CASE 85-054. Request for a variance from Section 17.34.030 (area requirements) of the Borough Code to permit zero -lot line or "townhouse" dwelling units to locate on 2 lots (Lots 4A and 5A, Block 2, Alderwood, Case 5-85-030) that exceed the maximum depth -to -width ratio of three -to -one in a R3--Multifamily Residential District. Lots 1 through 27, Block 2, Alderwood Subdivision (preliminary approval as lots lA through 8A, Block 2, Alderwood Subdivision, Case 5-85-030). COMMISSIONER JAMES MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. to the property or intended use of development, which generally do not apply to other properties in the same land use district. The unique physical characteristics applicable to this property are the terrain and slope of the lots, strict conformance with the lot depth -to -width ratio requirement would result in the elimination of lake frontage and the problems associated with subdividing the property given the original lot configuration. 2. 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. 3. That the granting of the variance will not permit a prohibited land use in the district involved. Zero -lot -line residential land uses are permitted in this district. The motion was seconded and CARRIED by unanimous voice vote. P & Z Regular Meeting -17 KIBS225758 September 18, 1985 C) Findings of Fact for CASE 5-85-048. Preliminary subdivision of Lot 3, Block 7, Woodland Acres Subdivision Fifth Addition to Lots 3A and 3B. COMMISSIONER JAMES MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. The lot is fairly small to be subdivided to the minimum lot sizes, given the size of the other lots in the subdivision and the potential for duplex development of each lot, in relation to the subdivision as a whole. 2. The original subdivision, Woodland Acres Subdivision Fifth Addition, broke the land up into the smallest desirable lots for this development. The motion was seconded and CARRIED by majority voice vote. Commissioner Rennell cast a dissenting vote. Commissioner Hill abstained. XI AUDIENCE COMMENTS MICHAEL ANDERSON appeared before the Commission concerning CASE 85-013. Mr. Anderson commented that the exception was to authorize construction of a temporary structure to aid in topsoil screening. He decided not to build the structure so the conditions do not apply, but in view of the fact that the operation still has the same potential nuisance to the neighborhood, it isn't a big change as far as the operation itself. Mr. Anderson expressed his difficulty with condition number 5 that restricts access in and out of the operation to Rezanof Drive, particularly the side driveway. Mr. Anderson indicated that he has quite a bit of work in Woodland Acres itself and to be restricted to access via Rezanof Drive is illogical and more hazardous. It would be more hazardous to traffic for the trucks to go out onto Rezanof Drive and turn back in onto Puffin Drive within 300 feet, this would increase the exposure to the residents of the area as far as traffic is concerned. r A discussion ensued amongst the Commissioners, the applicant, and Community Development Department staff. The Commission directed staff to place a note in the file clarifying condition number 5 so that the applicant may utilize Puffin Drive as access only for work to be carried out within Woodland Acres Subdivision. XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT CHAIRMAN GREGG adjourned the meeting at 10:31 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: Ken Gregg, Chai 5r) ATTEST BY: Patricia Miley, Plan 'ng Secretary DATE APPROVED: ()=hot, It., tr1S5 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS225759 P & Z Regular Meeting -18- September 18, 1985