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1985-12-18 Regular MeetingI" KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - DECEMBER 18, 1985 I CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:34 p.m. by Chairman Steve Rennell on December 18, 1985 in the Borough Assembly Chambers. II ROLL CALL Commissioners Present: Steve Rennell, Chairman Robin Heinrichs Marlin Knight Mary Lou Knudsen Scott Thompson Commissioners Absent: Mike Anderson, Excused Dan James, Excused III APPROVAL OF AGENDA Others Present: Linda Freed, Director Community Development Department Bob Pederson, Assistant Planner/ Zoning Officer, Community Development Department Dave Crowe, Borough Engineer Engineering Department Patricia Miley, Secretary Community Development Department COMMISSIONER KNIGHT MOVED TO ACCEPT THE AGENDA AS WRITTEN was seconded and CARRIED by unanimous voice vote. IV MINUTES OF PREVIOUS MEETINGS The motion COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the November 20, 1985 Planning and Zoning Commission Meeting. The motion was seconded and CARRIED by unanimous voice vote. V APPEARANCE REQUESTS AND AUDIENCE COMMENTS AUDIENCE COMMENTS: A) ANDY KAHUTAK appeared before the Commission and requested that Public Hearing items VI -I and VI-K be moved to follow Public Hearing items VI-C, VI-D and VI-E as he is involved in all of these cases. CHAIRMAN RENNELL indicated that the agenda is already made up and the Commission has already approved it so it has to stay the way it is. APPEARANCE REQUESTS: KIBS225809 A) Request for Planning and Zoning Commission review of a site plan for the development of more than three common -wall structures in r accordance with Section 17.34.090 (Site Plan Requirement) of the Borough Code. Lots lA through 16B, Block 1, Lakeside Subdivision First Addition. (Kodiak Island Housing Authority) COMMISSIONER KNIGHT declared that he had a conflict of interest with this case. CHAIRMAN RENNELL excused Commissioner Knight. BOB PEDERSON indicated that a site plan was distributed with the additional handouts as requested by the Commission. A discussion ensued amongst the Commissioners and Mr. Knight. COMMISSIONER KNUDSEN MOVED TO APPROVE THE SITE PLAN for development of more than three common -wall structures on Lots lA P & Z Regular Meeting -1- December 18, 1985 F F through 16B, Block 1, Lakeside Subdivision First Addition in accordance with Section 17.34.090 (Site Plan Requirement) of the Borough Code finding that the plan complies with all pertinent sections of the zoning ordinance (Title 17) of the Kodiak Island Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER KNIGHT RETURNED TO THE PLANNING AND ZONING COMMISSION. VI PUBLIC HEARINGS A) CASE 85-078. Request for a conditional use permit in accordance with Section 17.18.030 (Conditional Uses) of the Borough Code to permit a beauty shop as a home occupation in an existing single-family residence in a R1--Single-Family Residential District. Lot 9, Block 10, Aleutian Homes Subdivision; 315 Maple Avenue. (Hoa Pikus) BOB PEDERSON indicated that 76 public hearing notices were mailed for this case and 3 were returned in favor of the request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT A CONDITIONAL USE PERMIT in accordance with Section 17.18.030 of the Borough Code to permit a beauty shop as a home occupation to locate within the existing single-family residence in a R1--Single-Family Residential District on Lot 9, Block 10, Aleutian Homes Subdivision and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. That the conditional use will preserve the value, spirit, character, and integrity of the surrounding area. It appears that the proposed home occupation will preserve the value, spirit, character and integrity of the surrounding area. The home occupation will be conducted entirely within the residence, no assistants will be used and only one customer at a time is expected to call at the beauty shop. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. 3. The proposed home occupation will fulfill all other requirements of the R1--Single-Family Residential District (Chapter 17.18) such as parking and setbacks and the definition of a home occupation (Section 17.06.320). to t will not be harmful ce, and comfort. The proposed use will not be harmful to the public health, safety, convenience and comfort because the character of the surrounding area will not change and there will not be a significant increase in traffic resulting from the home occupation. 4. That sufficient setbacks, lot area, buffers, or other safeguards are being provided to meet the conditions listed As the home occupation will be conducted entirely within the existing residence and because only one customer at a time P & Z Regular Meeting -2• KIBS225810 )ecember 18, 1985 r F will call at the residence, provision of additional buffers or other safeguards are not necessary in this instance. Should the nature of the home occupation change over time, the Commission could review the conditional use permit to determine if additional safeguards are appropriate. B) CASE 85-079. Request for a variance from Section 17.36.070 (General Provisions) of the Borough Code to permit the expansion of the cubical content of an existing nonconforming single-family residence in order to construct a 6-foot by 10-foot porch addition, a 6-foot by 8-foot room addition, and to raise the height of a 12-foot by 20-foot portion of the structure by 4-feet at the side walls in a R3--Multi-Family Residential District. Portions of Lots 6 and 7 and Lot 8, Block 19, Kodiak Townsite; 221 Alder Lane. (Ruth Hansen) BOB PEDERSON indicated that 45 public hearing notices were mailed for this case and 3 were returned, in favor of the request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT 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 residential structure in order to construct new sidewalls and a roof that will increase the height of a 12-foot by 20-foot portion of the existing structure by 4-feet at the side walls, and to construct a 6-foot by 10-foot covered porch addition and a 6-foot by 8-foot room addition. Portions of Lots 6 and 7 and Lot 8, Block 19, Kodiak Townsite, 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: 2. 3 ional Dhvsical circumstances or conditions not aDDly to other Dronerties 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. ties or unnece 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 2.77-feet and all the additions will comply with current setback requirements. The e of the variance will not result in material eiudice to other Dronerties in the vicinity no are. to s Granting of this variance will not result in material damage or prejudice to other properties in the area. A substantial number of structure in Kodiak Townsite are nonconforming, and 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. KIBS225811 P & Z Regular Meeting -3- December 18, 1985 Granting of the variance will not be contrary to the objectives of the comprehensive plan, which identifies this area as central business district, for two (2) reasons: First, the plan encourages expansion of the central business district to the north and east, which is intended to maintain a compact commercial area, thereby avoiding high land which is more suited for housing. The lot in question is located west of the Central Business District on high ground. Secondly, the property has been zoned R3 since at least 1968 r _ and is likely to remain such given the residential use of the land. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being 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 around 1940, prior to the existence of a zoning ordinance in the City or Borough. 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. C) CASE 85-080. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit an 8-foot by 8-foot arctic entry/mud room addition to encroach 4.65-feet into the required 18.65-foot front yard setback in a R1--Single-Family Residential District. Lot 30, Block 9, Aleutian Homes Subdivision; 617 Willow Street. (Nick Alokli) BOB PEDERSON indicated that 71 public hearing notices were mailed for this case and 1 was returned, in favor of the request. Staff recommended approval of this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HEINRICHS MOVED TO GRANT A VARIANCE from Section 17.18.050 of the Borough Code to permit the construction of an 8-foot by 8-foot arctic entry/mud room addition that will encroach 4.65-feet into the required 18.65-foot front yard setback in the R1 District on Lot 30, Block 9, Aleutian Homes Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case, the exceptional physical condition is the placement of the existing structure on the lot. Any addition of a standard size arctic entry (8-feet by 8-feet) 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 will not allow the addition of an arctic entry. This is a practical P & Z Regular Meeting -4• KIBS225812 December 18, 1985 difficulty and unnecessary hardship when many other Aleutian Homes have arctic entries. Further, Section 29.33.080 (G), Alaska Statutes, specifies that the Commission may grant exceptions to codes when the exception will result in increased energy efficiency. Generally speaking, an arctic entry will contribute to the increased energy efficiency of a structure. 3. The granting of the variance will not result in material amages or prejudice to other properties in the vicinity nor e detrimental to the public's health, safety, and welfare. r Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other Aleutian Homes have arctic entries and the Commission has granted variances in the past for arctic entry additions. 4. The Rrantine of the variance will not be Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. Approval of this variance will not result in increased density. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is be 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 addition. 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 85-081. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit an 8-foot by 8-foot arctic entry/mud room addition to encroach 4.45-feet into the required 15.45-foot front yard setback in a R2--Two-Family Residential District. Lot 31, Block 13, Aleutian Homes Subdivision; 711 Mill Bay Road. (Senafont Zeedar) BOB PEDERSON indicated that 36 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this case. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO GRANT A VARIANCE from Section 17.19.040 (Yards) of the Borough Code to permit the construction of an 8-foot by 8-foot arctic entry/mud room addition that will encroach 4.45-feet into the required 15.45-foot front yard setback in the R2 District on Lot 31, Block 13, Aleutian Homes Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physic to the Droperty or not licable use to other properties in the same land use KIBS225813 P & Z Regular Meeting -5- December 18, 1985 In this case, the exceptional physical condition is the placement of the existing structure on the lot. Any addition of a standard size arctic entry (8-feet by 8-feet) will require a variance. 2. Strict application of the zoning Dractical difficulties or unnece The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other Aleutian Homes have arctic entries. Further, Section 29.33.080(G), Alaska Statutes, specifies that the Commission may grant exceptions to codes when the exception will result in increased energy efficiency. Generally speaking, an arctic entry will contribute to the increased energy efficiency of a structure. 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 this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other Aleutian Homes have arctic entries and the Commission has granted variances in the past for arctic entry additions. 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. Approval of this variance will not result in increased density. r. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. 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 addition. 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. E) CASE 85-082. Request for twenty-nine (29) variances from Sections 17.18.050 (Yards) and/or 17.36.070 (General Provisions) of the Borough Code in order to permit the construction of an 8-foot by 8-foot arctic entry/mud room on to twenty-nine (29) existing single-family residences in a R1--Single-Family Residential District in Ouzinkie. BOB PEDERSON indicated that 63 public hearing notices were mailed for this case and 1 was returned, in favor of the request. Staff recommended approval of this case. r COMMISSIONER KNIGHT declared he had a conflict of interest in this case. CHAIRMAN RENNELL excused Commissioner Knight. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: KIBS225814 COMMISSIONER HEINRICHS MOVED TO GRANT TWENTY-NINE (29) VARIANCES from Sections 17.18.050 and 17.36.070 of the Borough Code in P & Z Regular Meeting -6- December 18, 1985 order to permit the construction of 8-foot by 8-foot arctic entry/mud room additions on to twenty-nine (29) existing single-family residences in a R1--Single-Family Residential District in Ouzinkie for the properties specified below, subject to the approval of the property owners of record, and subject to the condition that none of the additions will encroach in to a road right-of-way or an easement, 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. Legal Descriptions of lots granted variances. r Lot Number Block Number U.S. Survey Number 1 3 4871 2 5 4871 1 6 4871 3A 6 4871 3B 6 4871 2 7 4871 2 8 4871 3 8 4871 1 9 4871 9 9 4871 10 10 4871 4B 10 4871 5 10 4871 1 11 4871 2A 11 4871 2B 11 4871 11 11 4871 2 12 4871 5 13 4871 5 15 4871 4 17 4871 4 19 4871 r 1 20 4871 2 20 4871 3 20 4871 1 21 4871 3 21 4871 5 21 4871 Tract B 4871 FINDINGS OF FACT: A. For the requested expansion of the cubical content of the nonconforming structures; and B. For the requested encroachments into the required setbacks of the R1 District, 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. In this case, the unique physical conditions are the existing nonconforming structures located on the lots. Any expansion of these structures will require a variance. r B. In this case, the exceptional physical conditions are the placement of the existing structures on the lots. Any additions of a standard size arctic entry (8-feet by 8-feet) will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. Strict application of the zoning ordinance would not allow any additions to the existing residential structures. This is an unnecessary hardship when the existing land use is residential, the property is KIBS225815 P & Z Regular Meeting -7- December 18, 1985 within a residential zoning classification, and the current density of the area will not be increased. r r r B. The strict application of the zoning ordinance will not allow the additions of arctic entries. This is a practical difficulty and unnecessary hardship when many other structures in Ouzinkie have arctic entries. Further, Section 29.33.080(G), Alaska Statutes, specifies that the Commission may grant exceptions to codes when the exception will result in increased energy efficiency. Generally speaking, an arctic entry will contribute to the increased energy efficiency of a structure. 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 Dublic's health, safetv. and welfare. A. Granting of the variance will not result in material damage or prejudice to other properties in the are because additions to existing residential structures will not change the existing land use and will not change the overall density of the area. B. Granting of the variance will not result in material damage or prejudice to other properties in the are because additions to existing residential structures will not change the existing land use and will not change the overall density of the area. 4. The erantine 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 Ouzinkie Comprehensive Plan which identifies the lots for residential, private or commercial, waterfront and residential land uses. B. Granting of the variance will not be contrary to the objectives of the Ouzinkie Comprehensive Plan which identifies the lots for residential, private or commercial, waterfront and residential land uses. 5. That actions of the the variance. did not cause special iD from which relief is be A. In this case, actions of the applicant have not caused the conditions from which relief is being sought by the variances. The variances will be decided prior to the construction of the additions. B. In this case, actions of the applicant have not caused the conditions from which relief is being sought by the variances. The variances will be decided prior to the construction of the additions. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single -Family Residential land uses are permitted in this district. B. Single -Family Residential land uses are permitted in this district. COMMISSIONER KNIGHT RETURNED TO THE PLANNING AND ZONING COMMISSION. F) CASE 85-076. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a detached garage to encroach 15-feet into the required 25-foot front yard setback in a R2--Two-Family Residential District. Portion of Lot 23, Block 14, Kodiak Townsite; 318 High Street. (Mary E"-- u=rris) K1BS225816 P & Z Regular Meeting -8- December 18, 1985 BOB PEDERSON indicated that two public hearing notice mail -outs occurred on this item. On the 31st of October thirty public hearing notices were mailed and one response was received in opposition. On December 6th we mailed thirty notices on the revised request and received no responses. Staff recommended approval of this case. COMMISSIONER HEINRICHS declared that he had a conflict of interest with this case. CHAIRMAN RENNELL excused Commissioner Heinrichs. Regular Session Closed. Public Hearing Opened: ISeeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO GRANT A VARIANCE from Section 17.19.040 (Yards) of the Borough Code to permit a detached garage to encroach 15-feet into the required 25-foot front yard setback of the R2--Two-Family Residential District, on a Portion of Lot 23, Block 14, Kodiak Townsite, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. In this case, the unique physical conditions applicable to the request are the size and depth of the applicant's lot. r The lot is nonconforming because it contains only 4,696 I square feet. Also, the average lot depth is 60 feet. This means that if the proposed garage met the required front yard setback, it would not meet the required 15-foot rear yard setback. In summary, any placement of a standard size garage on the lot 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 a standard size garage to be placed anywhere on the lot. This is a practical difficulty and unnecessary hardship when other residences in the area have garages, many of which have a greater setback encroachment than is proposed by the applicant. 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 this variance will not result in material damage or prejudice to other properties in the area. Allowing the garage to encroach into the front yard setback will not interfere with safe traffic flow or access to and from the property. Also, granting of the variance will not set a precedent for other properties in the area as they already generally have greater setback encroachments than proposed for the subject property. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for high density residential development. The construction of the garage will not change the existing density in the area. KIBS225817 P & Z Regular Meeting -9- December 18, 1985 5. That actions of the or did not cause s rom is be 1- the variance. In this case, actions of the applicant have not caused the conditions from which relief is being sought by a variance. The lot was created by deed segregation prior to 1964 and purchased by the applicant in 1981. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Accessory buildings such as detached garages are permitted in this district. HEINRICHS RETURNED TO THE PLANNING AND ZONING COMMISSION. G) CASE 85-083. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to bring an existing nonconforming industrial land use (Marine Welding and Van Gas) into conformance with the Borough Code to allow the use to expand in a B--Business District. Lots 1 and 2, Block 4, Airpark Subdivision; 1814-1816 Mill Bay Road. (Alaska Terminal and Stevedoring, Inc.) BOB PEDERSON indicated that 23 public hearing notices were mailed for this case and 1 was returned, opposed to the request. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: KEN DAMM, President of Alaska Terminal and Stevedoring, Marine Welding and Kodiak Van Gas, appeared before the Commission and requested approval of this request. A discussion ensued amongst the Commissioners and Ken Damm. ART PARKER appeared before the Commission and expressed opposition to this request. ERNEST NEWLAND appeared before the Commission and expressed opposition to this request. JOANN NEWLAND appeared before the Commission and expressed opposition to this request. MARION PARKER appeared before the Commission and expressed opposition to this request. JOANN NEWLAND reappeared before the Commission to ask a question. A discussion ensued amongst the Commissioners, Ms. Newland and Community Development Department staff. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners and Ken Damm with input from the Community Development Department. COMMISSIONER KNIGHT MOVED TO GRANT AN EXCEPTION from Section 17.21.020 of the Borough Code to bring the existing nonconforming land use into conformance with the Borough Code and to permit their expansion in order to locate six (6) additional liquid propane (petroleum) gas containers on the property in a B--Business District on Lots 1 and 2, Block 4, Airpark Subdivision. The motion was seconded and FAILED by majority roll call vote. Commissioners Knight, Thompson, Knudsen and Rennell voted "no." COMMISSIONER KNIGHT MOVED TO ADOPT FINDINGS A, B-2 and C contained in the staff report as "Findings of Fact" for this P & Z Regular Meeting -10- KIBS225818 December io, .,__ case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety, or general welfare, (B) be inconsistent with the general purposes and intent of this title, and (C) adversely impact other properties or uses in the neighborhood. A. The granting of an exception should not be detrimental to the public's health, safety or general welfare. The existing land uses are long established and departmental files do not reflect that these uses have posed any dangers to the public's health, safety or welfare. The proposed new tanks are ADOT/PF approved and have been inspected by the State Fire Marshall and City Fire Department and found to be in good condition. The enforcement officer has verified this information and therefore they do not pose any additional safety concerns. B-2 The proposed use will be inconsistent with the general purposes and intent of Title 17 and the specific description and intent of the Business District because the stated intent is to prohibit the use of Business District lands for industrial purposes and to encourage the discontinuance of existing uses that are not permitted in the Business District. Moreover, two previous administrative decisions have been made that storage and handling of flammable liquids is not permitted on Business zoned property and that petroleum or flammable liquid production, refining or storage is only conditionally permitted in the Industrial ` Ij District. C. The proposed use should not adversely impact other properties in the area. Van gas and marine welding are long established uses at this location and have not proven to adversely impact other properties in the area. Expansion of these uses by locating more LPG tanks on the property will not change the land use, but merely increase the percentage of the lot covered with outdoor storage. H) CASE 85-084. 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 replace the existing roof and provide an additional 26-foot by 38.3-foot second floor living area within the existing structure; and a Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a new raised roof to encroach .55-feet into the required 5.85-foot side yard setback in a R2--Two-Family Residential District. Lot 2, Block 6, Erskine Subdivision; 418 Mill Bay Road. (Arnold Shryock) BOB PEDERSON indicated that 51 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: KIBS225819 COMMISSIONER KNUDSEN MOVED TO GRANT A VARIANCE from Section 17.36.070 (General Provisions) of the Borough Code to permit the expansion of the cubical content of a nonconforming structure in order to raise and replace the existing roof and provide an P & Z Regular Meeting -11- December 18, 1985 r additional 26-foot by 38.3-foot second floor living area in the existing nonconforming single-family residence in a R2--Two-Family Residential District. Lot 2, Block 6, 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. COMMISSIONER KNUDSEN MOVED TO GRANT A VARIANCE from Section 17.19.040 (Yards) of the Borough Code to permit a new raised roof to encroach 0.55-feet into the required 5.85-foot side yard setback in a R2--Two-Family Residential District. Lot 2, Block 6, 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: A. For the requested expansion of the cubical content; and B. For the requested .55-foot encroachment into the required side yard setback, as follows: 1. Exceptional physical circumstances or conditions applicable to not aDDly to other properties in the same land A. The unique physical condition in this case is the existing nonconforming structure located on the lot. Any expansion of this structure will require a variance. B. The unique physical condition in this case is the existing nonconforming structure located on the lot. Naturally, a replacement roof would have to encroach into the setback to cover the entire extent of the existing structure. The proposed additional encroachment only results from a steeper pitched roof line. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. The strict application of the zoning ordinance would only allow the existing roof to be replaced, not raised. This is an unnecessary hardship because if the existing house was oriented differently on the lot, no variance would be necessary. Also, the raised roof will not be substantially taller than the existing roof. B. The strict application of the zoning ordinance would only allow the existing roof to be replaced, not raised. This is an unnecessary hardship because if the existing house was oriented differently on the lot, no variance would be necessary. Also, the raised roof will not be substantially taller than the existing roof. 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. Granting the variance will not result in material damage or prejudice to other properties in the area. The additional height of the roof results in only a minor encroachment (less than one foot) that will not increase the overall density of the area and, due to the location of the structure, will not block potential ocean views. B. Granting the variance will not result in material damage or prejudice to other properties in the area. The additional height of the roof results in only a minor encroachment (less than one foot) that will not increase the overall density of the area and, due to P & Z Regular Meeting -12 KIBS225820 December 18, 1985 the location of the structure, will not block potential ocean views. r r 4. The erantina 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 which identifies this area for medium -density residential development. B. 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 soueht by the variance. A. In this case, staff has reviewed departmental files and can find no indication that actions of the applicant caused the existing structure to be nonconforming from the required side yard setback. B. In this case, staff has reviewed departmental files and can find no indication that actions of the applicant caused the existing structure to be nonconforming from the required side yard setback. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single-family residential use is permitted in this district. B. Single-family residential use is permitted in this district. I) CASE 85-085. Request for a variance from Section 17.36.060 (Nonconforming Uses of Land) of the Borough Code to permit a nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct 8-foot by 8-foot arctic entries/mud rooms onto the front of two (2) existing single-family residences; and a Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit the two (2) new arctic entries/mud rooms to encroach into the required 25-foot front yard setback in a RR1--Rural Residential One District. Tract A, U.S. Survey 1672; located on Anton Larsen Island. (Laura M. Olsen) BOB PEDERSON indicated that 26 public hearing notices were mailed for this case and 1 was returned, in favor and 1 phone call was received voicing non -objection to this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: KIBS225921 COMMISSIONER KNIGHT MOVED TO GRANT A VARIANCE from Sections 17.36.060 and 17.36.070 of the Borough Code to permit a nonconforming land use to be enlarged and increased in order to construct 8-foot by 8-foot arctic entry/mud room additions onto the front of the two (2) existing single-family residences in a RR1--Rural Residential One District on Tract A, U.S. Survey 1672, 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 REQUEST FOR A VARIANCE from Section 17.17.050 of the Borough Code to permit the two (2) new P & Z Regular Meeting -13- December 18, 1985 r arctic entry/mud room additions to two (2) single-family residences to encroach into the required 25-foot front yard setback of the RR1--Rural Residential One District on Tract A, U.S. Survey 1672, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded. A discussion ensued amongst the Commission and Community Development Department staff. The question was called and CARRIED by unanimous roll call vote. FINDINGS OF FACT: A. For the requested expansion of the nonconforming land use and the expansion of the cubical content of nonconforming structures; and B. For the requested encroachment into the required front yard setback, 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. In this case, the unique conditions applicable to the request are the two (2) existing single-family residences on the lot. Although the RR1 district permits only one single-family residence per lot, there have been two (2) residences on this property since 1965. Any expansion of these structures will require a variance. B. In this case, the exceptional physical condition is the placement of the existing structure on the lot. Any addition of a standard size arctic entry (8-foot by 8-foot) will require a variance. 2. Strict application of the Dractical difficulties or in A. Strict application of the zoning ordinance would not allow any additions to the existing residential structures. This is an unnecessary hardship when the existing land use is residential, the property is within a residential zoning classification, and the current density of the area will not be increased. B. Strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship. Further, Section 29.33.080(G), Alaska Statutes, specifies that the Commission may grant exceptions to codes when the exception will result in increased energy efficiency. Generally speaking, an arctic entry will contribute to the increased energy efficiency of a structure. 3. The granting of the variance will not result in material be detrimental to the public's health, safety, and welfar A. Granting of the variance will not result in material damage or prejudice to other properties in the area because additions to existing residential structures will not change the existing land use and will not change the overall density of the area. B. Granting of the variance will not result in material damage or prejudice to other properties in the area because additions to existing residential structures will not change the existing land use and will not change the overall density of the area. P & Z Regular Meeting -14- KIBS225822 December 18, 1985 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 plan does not include Anton Larsen Island. B. Granting of the variance will not be contrary to the objectives of the comprehensive plan because the plan does not include Anton Larsen Island. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein A. 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 the construction of the addition. B. 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 the construction of the addition. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single -Family Residential land uses are permitted in this district. B. Single -Family Residential land uses are permitted in this district. J) CASE 85-086. Request for an investigation of rezoning of Lots 7 through 18, Block 3 and Lots 1A through 10, Block 4, Killarney r-- Hills Subdivision from R2--Two-Family Residential to R1--Single-Family Residential, in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Petition of Property Owners) BOB PEDERSON indicated that 45 public hearing notices were mailed for this case and 3 were returned, 2 in favor and 1 opposed to the request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: BECKY HICKS appeared before the Commission and expressed support for this request. WAYNE SEWELL appeared before the Commission and expressed support for this request. ALAN SCHMITT appeared before the Commission and expressed support for this request. DAVID HICKS appeared before the Commission and expressed support for this request. SCOTT ARNDT appeared before the Commission and expressed opposition to this request. RON KELLOW appeared before the Commission and expressed support for this request. WAYNE SEWELL reappeared before the Commission and further expressed support for this request. CHRIS BISHOP appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioner Knight and Mr. Bishop. P & Z Regular Meeting -15- KIBS225823 December 18, 1985 SANDRA LAYTON appeared before the Commission and expressed support for this request. LAURA WANDERSEE appeared before the Commission and expressed support for this request. TIM HILL, representing the Catholic Archbishop Corporation, the original owners and developers of this subdivision. There were 21 lots in the original subdivision, of which there are 6 remaining in the Corporation's hands. These lots are not on the market. The Corporation would like to express their comment of not being in favor or in opposition to the request. F A discussion ensued amongst the Commissioners and Mr. Hill with input from the Community Development Department. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners with input from Becky Hicks, the Community Development Department and Tim Hill. COMMISSIONER KNIGHT MOVED TO TABLE THIS ACTION UNTIL THE JANUARY REGULAR MEETING FOR ANOTHER PUBLIC HEARING EXPANDING THE AREA TO INCLUDE TRACTS T, RI -A, R-2 AND E-3. The motion was seconded and CARRIED by unanimous roll call vote. CHAIRMAN RENNELL recessed the meeting at 9:25 p.m. CHAIRMAN RENNELL reopened the meeting at 9:37 p.m. K) CASE 85-088. 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 an 8-foot by 8-foot arctic entry/mud room addition onto the front of the existing structure; and a Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit an 8-foot by 8-foot arctic entry/mud room addition to encroach 4-feet into the required 16-foot front yard setback in a R1--Single-Family Residential District. Lot 3, Block 1, Aleutian Homes Subdivision; 812 Hillside Drive. (Leroy Mayberry) BOB PEDERSON indicated that 38 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO GRANT A VARIANCE from Section 17.36.070 (General Provisions) of the Borough Code to permit the expansion of the cubical content of a nonconforming structure in order to construct an 8-foot by 8-foot arctic entry/mud room addition onto the front of the existing single-family residence in a R1--Single-Family Residential district, Lot 3, Block 1, 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. COMMISSIONER KNUDSEN MOVED TO GRANT A REQUEST FOR A VARIANCE from Section 17.18.050 (Yards) of the Borough Code to permit the construction of an 8-foot by 8-foot arctic entry/mud room addition that will encroach 4-feet into the required 16-foot front yard setback in the R1 district on Lot 3, Block 1, Aleutian Homes Subdivision, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT: KIBS225824 P & Z Regular Meeting -16- December 18, 1985 A. For the requested expansion of the cubical content; and B. For the requested 4-foot encroachment into the required 16-foot front yard setback. 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which eenerally do not applv to other properties in the same land A. 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. B. In this case, the exceptional physical condition is the placement of the existing structure on the lot. Any addition of a standard size arctic entry (8-feet by 8-feet) will require a variance. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. A. The strict application of the zoning ordinance would not allow any additions to the existing structure. This is a practical difficulty and unnecessary hardship. B. The strict application of the zoning ordinance will not allow the addition of an arctic entry. This is a practical difficulty and unnecessary hardship when many other Aleutian Homes have arctic entries. Further, Section 29.33.080(G), Alaska Statutes, specifies that the Commission may grant exceptions to codes when the exception will result in increased energy efficiency. Generally speaking, an arctic entry will contribute to the increased energy efficiency of a structure. r3. The granting of the variance will not result in material I damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety, and welfare. A. 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. B. Granting of this variance will not result in material damages or prejudice to other properties in the area. A substantial number of other Aleutian Homes have arctic entries and the Commission has granted variances in the past for arctic entry additions. 4. The granting of the variance will not be contrary to the A. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. The addition will not increase the existing density. B. Granting of the variance will not be contrary to the objectives of the comprehensive plan which identifies this area for medium -density residential development. The addition will not increase the existing density. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein, sought by the variance. A. In this case, actions of the applicant did not cause the conditions from which relief is being sought by a KIBS225925 P & Z Regular Meeting -17- Lecember 18, 1985 variance. The existing structure was built in 1951 and purchased by the applicant in 1971. r 7 r L) B. 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 purchased by the applicant in 1971. 6. That the granting of the variance will not permit a prohibited land use in the district involved. A. Single -Family Residential land uses are permitted in this district. B. Single -Family Residential land uses are permitted in this district. Public hearing on the revised draft of the subdivision ordinance (Title 16) of the Kodiak Island Borough Code. LINDA FREED referenced the memo distributed in the packet concerning additional language inserted into it at the request of the Commission from the previous worksession to deal with sewer and water installation requirements. Also, I have received a draft that has comments on it that one of the people that could not stay for the public hearing would like me to read into the record. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and detailed his concerns with the present draft. A discussion ensued amongst Scott Arndt and the Community Development Department. LINDA FREED read the following from the memo distributed in the packet concerning additional language: Insert into Section 16.70.020 Prerequisites to Approval: New Section 2. Sewer. If the subdivision is located adjacent to an existing sewer main, the subdivider will not be required to provide stubouts to the individual lots created. If the subdivision is not located adjacent to an existing sewer main and/or one is needed to service the lots created, stubouts will be required to be provided to the individual lots created. New Section 3. Water. If the subdivision is located adjacent to an existing water main, the subdivider will not be required to provide stubouts to the individual lots created. If the subdivision is not located adjacent to an existing water main and/or one is needed to service the lots created, stubouts will be required to be provided to the individual lots created. All subsequent sections should be renumbered. A discussion ensued amongst the Commissioners, Scott Arndt, the Community Development Department and the Engineering Department. GENE GADE appeared before the Commission and expressed his concerns with the draft subdivision ordinance. SID COZART appeared before the Commission and expressed his concerns with the draft subdivision ordinance. LINDA FREED read the concerns of TIM HILL into the record. P & Z Regular Meeting 010 KIBS225826 December 18, 1985 Public Hearing Closed. Regular Session Opened: r- KNIGHT MOVED TO TABLE THIS ITEM UNTIL THE FEBRUARY Id WORKSESSION FOR DISCUSSION OF THIS MATTER. The motion was seconded and CARRIED by unanimous roll call vote. M) Proposed revisions to the Planning and Zoning Commission By -Laws. LINDA FREED indicated that these revisions have taken place for three reasons: 1. To correct some typographic errors. 2. The Assembly has changed the expiration date of Commission terms of office to December. 3. The State Legislature has amended Title 29, Alaska Statutes, the enabling legislation for local planning and platting authority in Alaska. These amendments take effect on January 1, 1986. These statute changes are reflected in a completely revised Article III in the by-laws. This Article now mirrors the language of Title 29. COMMISSIONER KNIGHT discussed the conflict of interest clause with the Community Development Department. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission to express his concerns with the draft by-laws. A discussion ensued amongst Scott Arndt and the Community Development Department. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO ADOPT THE REVISIONS OF THE BY-LAWS OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION AND RECOMMEND THAT THE BOROUGH ASSEMBLY ADOPT THE REVISIONS AND TO AMEND THIS DRAFT REGARDING THE CONFLICT OF INTEREST TO MEET SECTION 2.18 OF THE BOROUGH CODE. The motion was seconded and CARRIED by majority roll call vote. Commissioner Thompson cast the dissenting vote. N) CASE S-85-062. Vacation of Lots 4A and 5, Block 1, Miller Point Alaska Subdivision First Addition and replat to Lots 4A-1 through 4A-8. (Jerrol Friend) DAVE CROWE indicated that 110 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. r Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT PRELIMINARY APPROVAL OF THE SUBDIVISION SUBJECT TO THE MEMO OF THE BOROUGH ENGINEER, DECEMBER 10, 1985. The motion was seconded. A discussion ensued amongst the Commission and the Borough Engineer. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS: KIBS225827 P & Z Regular Meeting -19- December 18, 1985 1. Prepare and submit site grading, drainage, roadway and utility improvement plans for approval prior to or with the final plat. 2. Revise the title block to indicate that this case is a vacation and replat. 3. Provide five -foot -wide electrical easements on all road frontages. 4. Remove or relocate the mobile homes to conform with setback requirements. 5. Remove or relocate the accessory buildings to lots with main dwelling units. 6. Provide the following plat notes: a. "Driveway access for Lot 4A-8 shall be limited to Rainbow Circle." b. "Natural streams and drainage courses shall not be blocked or impeded." 0) CASE S-85-064. Revised preliminary vacation of Lots 4 and 7, Block 4, Miller Point Alaska Subdivision First Addition to Lots 4A, 4B-1, 4B-2, 4C-1, 4C-2, 4D, 4E, 4F, 4G, 4H-1, 4H-2, 4I-1, 4I-2, 4J-1 and 4J-2: five lots for single structure development and five lots for zero -lot -line duplex development. (Mary Peterson) DAVE CROWE indicated that 110 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: r BOB TARRANT appeared before the Commission representing the property owner. A discussion ensued amongst Bob Tarrant, the Commission and the Borough Engineer. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commission, the Borough Engineer and the Community Development Department. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL TO THE VACATION AND REPLAT OF LOTS 4 AND 7, BLOCK 4, MILLER POINT ALASKA SUBDIVISION FIRST ADDITION AND INCLUDE THE CONDITIONS STATED IN THE MEMORANDUM FROM THE BOROUGH ENGINEER OF DECEMBER 10, 1985, REVISING CONDITION NUMBER ONE TO READ AS NOTED BELOW. The motion was seconded and CARRIED unanimous roll call vote. CONDITIONS: 1. Provide a 60-foot-wide right-of-way for the proposed cul-de-sac, unless the road can be contained in a 50-foot-wide right-of-way. r 2. Provide a drainage plan for preserving the existing stream while allowing maximum lot development and complete necessary construction before the plat is recorded. 3. Prepare and submit roadway and utility plans for approval prior to or with the final plat. 4. Combine Lots 4I-1 and 41-2 into one standard lot (no zero -lot -line development). 5. Provide easements as requested by KEA. KIBS225928 P & Z Regular Meeting -20- December 18, 1985 6. Provide a plat note restricting access to Lots 4A and 4J-1 to the cul-de-sac. r- 7. Provide a street name for the cul-de-sac acceptable to the Commission. 8. Provide a signature line under the Ownership Affidavit and a Notary's Acknowledgement for the mortgage holder, Alaska Housing Finance Corporation. 9. Submit the final plat on a 24" by 36" sheet at a scale of 1" - 20' to allow room for all plat data to be clearly shown. 10. Show correct address of applicant under "Prepared for" section of the plat. P) CASE 5-85-065. Revised preliminary subdivision of Lot 20A, Block 7, Bells Flats Alaska Subdivision to Lots 20A-1 through 20A-4. (Kevin Arndt) DAVE CROWE indicated that 68 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KEVIN ARNDT appeared before the Commission and discussed this request. A discussion ensued amongst the Commission, the Borough Engineer and Kevin Arndt with input from the Community Development Department. Public Hearing Closed. Regular Session Opened: r A discussion ensued amongst the Commission and the Borough Engineer. COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL TO THE SUBDIVISION OF LOT 20A, BLOCK 7, BELLS FLATS ALASKA SUBDIVISION INTO LOTS 20A-1, 20A-2, 20A-3 AND 20A-4 AND ADOPT THE CONDITIONS AS REFLECTED IN THE MEMORANDUM FROM THE BOROUGH ENGINEER OF DECEMBER 10, 1985. The motion was seconded. A discussion ensued amongst the Commissioners. COMMISSIONER HEINRICHS RESTATED HIS MOTION DROPPING CONDITION NUMBER THREE FROM THE MOTION. The second concurred. The question was called and CARRIED by majority roll call vote. Commissioners Heinrichs and Rennell voted "no." CONDITIONS: 1. Applicant to obtain ADEC sanitation approval. 2. Title block to be revised to indicate that this plat also vacates the existing access easement. �- 3. Deleted. 4. Relocate the fence for horse paddock to common boundary between Lots 20A and 20B. 5. Remove or relocate accessory buildings which encroach on lot lines or easements. 6. Revise the note for the 60-foot access easement to indicate that it is provided for access to Lots 20A-2 and 20-B and there is no automatic vacation. 7. Revise the note for the 40-foot access easement to indicate that it is provided for access to Lot 20B. KIB5225829 P & Z Regular Meeting -21- December 18, 1985 8. Revise the location of the 60-foot access easement to totally encompass the existing driveway. 9. Revise the Vicinity Map to show Bells Flats Road rather than Russian Creek Road. 10. Submit final plat on a 24' by 36' sheet drawn to a scale of 1" = 50' so that plat details can be shown clearly. 11. Relocate the existing electrical service to Lot 20A-2 or provide an easement across Lot 20A-1 where the service is actually located. If the service is relocated to the r— 60-foot access easement, the easement designation should be changed to "Access and Utility Easement." 12. Provide a 20-foot-wide utility easement along the lot line between Lots 20A-3 and 20A-4 if they are not combined. 13. Require the applicant to construct two off-street parking spaces for each lot if Lots 20A-3 and 20A-4 are not combined. 14. Place a note on the plat stating: "Natural streams and drainage courses shall not be blocked or impeded." COMMISSIONER HEINRICHS MOVED TO CONTINUE THE MEETING PAST 11:00 P.M. The motion was seconded and CARRIED by unanimous voice vote. Q) CASE S-85-066. Subdivision of a parcel of land within Section 31, Township 29 South, Range 18 West, Seward Meridian and Section 6, Township 30 South, Range 18 West, Seward Meridian creating Lots 3 through 10, Block 1 and Lot 15, Block 2, Chiniak Alaska Subdivision. (Kodiak Island Borough) r DAVE CROWE indicated 31 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: TOM SWEENEY appeared before the Commission and expressed his concerns with this request. A discussion ensued amongst the Commissioners, the Engineering Department and the Community Development Department. JOHN SWEENEY appeared before the Commission and expressed his concerns with this request. Public Hearing Closed. Regular Session Opened: A discussion ensued amongst the Commissioners, the Engineering Department and the Community Development Department. COMMISSIONER KNUDSEN MOVED TO TABLE THIS CASE UNTIL THE JANUARY REGULAR MEETING FOR ANOTHER PUBLIC HEARING. The motion was seconded and CARRIED by unanimous roll call vote. R) CASE S-85-068. Vacation of Lots 6 through 10, Block 5, Miller Point Alaska Subdivision First Addition and replat to Lots 1 through 26, Jackson Subdivision, U.S. Survey 3463. (Alma Jackson, Inc.) DAVE CROWE indicated 110 public hearing notices were mailed for this case and none were returned. Regular Session Closed. Public Hearing Opened: KIBS225830 SID COZART, representing Alma Jackson, appeared before the Commission and discussed the request. P & Z Regular Meeting -22- December 18, 1985 A discussion ensued amongst the Commission, the Borough Engineer and Sid Cozart. i Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO GRANT PRELIMINARY APPROVAL OF THIS SUBDIVISION WITH THE CONDITIONS THAT THE BOROUGH ENGINEER HAS LISTED IN HIS MEMO OF DECEMBER 10. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS: 1. Provide five -foot -wide electrical easements along all road frontages as requested by KEA. 2. Submit drainage plans for approval where stream is to be relocated across Lots 13 through 16 and 20 through 23 before or with final plat submittal. 3. Submit site grading and drainage plans for Lots 5, 6 and 7 before or with final plat submittal. 4. Prepare and submit road and utility construction plans before or with final plat submittal. 5. Place the following notes on the final plat: A. "Natural streams and drainage courses shall not be blocked or impeded." B. "Driveway access shall be limited, as follows: Lot 6 To Balika Lane only; Lots 7 & 19 To Izhut Circle only; and Lot 20 To Eider Street only. S) CASE VS-85-069. Variance from Section 16.20.050(C) of the Borough Code to permit the platting of a lot with an area less than that required by the zoning title (five acres) and subdivision creating a 1.44-acre remote parcel within the southwest quarter of Section 20, Township 25 South, Range 23 West, Seward Meridian, generally located on the south shore of Raspberry Island, Kupreanof Strait. (Greg Moo/Afognak Native Corporation) DAVE CROWE indicated no public hearing notices were mailed for this case as the applicant is the only property owner within miles. A discussion ensued amongst the Commission, the Borough Engineer and the Community Development Department. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNUDSEN MOVED TO ACCEPT ITEMS 1 AND 2 OF THE BOROUGH ENGINEER'S MEMO DATED DECEMBER 18, 1985. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS: 1. If the Borough attorney's written opinion states that land conveyed under ANCSA 14-C provisions is not subject to the minimum lot area requirements of the zoning code, staff is authorized to process such plats administratively upon receipt of satisfactory documentation that the land is being conveyed under the provision of ANCSA 14-C. P & Z Regular Meeting -23- KIBS225831 December 18, 1985 2. If the Borough attorneys written opinion states that land conveyed under ANCSA 14-C provisions must meet the minimum lot area requirements of the zoning code, this case be resubmitted at the first regular meeting of the Commission. T) CASE S-85-070. Subdivision of Lot 18B, Block 7, Bells Flats Alaska Subdivision to Lots 18B-1 and 18B-2. (Dale and Marie Rice) DAVE CROWE indicated 34 public hearing notices were mailed for this case and none were returned. r-- Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER HEINRICHS MOVED TO GRANT PRELIMINARY APPROVAL TO THE SUBDIVISION OF LOT 18B, BLOCK 7, BELLS FLATS ALASKA SUBDIVISION SUBJECT TO THE CONDITIONS SHOWN IN THE MEMORANDUM FROM THE BOROUGH ENGINEER OF DECEMBER 10. 1985. The motion was seconded. A discussion ensued amongst the Commission and the Borough Engineer. The question was called and the motion CARRIED by unanimous roll call vote. CONDITIONS: 1. Applicant to obtain ADEC sanitation approval. 2. Provide easements as requested by KEA. r-- 3. Provide the following plat note: "Natural streams and drainage courses shall not be blocked or impeded." U) CASE S-85-071. Vacation of a roadway and utility easement across Lots 9, 10A and 10B, U.S. Survey 3099 and subdivision of Lots 10A and 10B to Lots IOA-1, 10A-2, 1OB-1 and 1OB-2. (Jonathan Smee) DAVE CROWE indicated 63 public hearing notices were mailed for this case and none were returned. COMMISSIONER HEINRICHS declared he had a potential conflict of interest in this case. CHAIRMAN RENNELL excused Commissioner Heinrichs. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: r — COMMISSIONER KNIGHT MOVED TO GRANT PRELIMINARY APPROVAL SUBJECT TO CONDTTIONS 1 THROUGH 4 FROM THE MEMO OF DECEMBER 10. 1985 BY THE BOROUGH ENGINEER. The motion was se unanimous roll call vote. CONDITIONS: 1. Provide a 30-foot-wide utility easement along the line common between Lots 10A and 10B because water and sewer lines also need to be accommodated. 2. Applicant to construct water and sewer lines to serve Lots 1OB-1 and 1OB-2. KIBS225832 P & Z Regular Meeting -24- December 18, 1985 3. Applicant to separate water and sewer services to structures on Lots 10A-1 and 10A-2. 4. Increase the width of the easement along the line common between Lots 9 and 10 to 30-feet in order to accommodate water, sewer and power lines. COMMISSIONER HEINRICHS RETURNED TO THE PLANNING AND ZONING COMMISSION. V) CASE S-85-073. Subdivision of Kodiak Island Borough Eagle Harbor Survey, Alaska State Land Survey 84-82 to Tract A and Tract B. Located within the northeast quarter of Section 12, Township 32 South, Range 23 West, Seward Meridian. (Burdette "Jack" Lechner) DAVE CROWE indicated there was no further staff report. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened: COMMISSIONER KNIGHT MOVED TO GRANT FINAL APPROVAL OF THIS SUBDIVISION. The motion was seconded. A discussion ensued amongst the Commission, the Community Development Department and the Borough Engineer. COMMISSIONER KNIGHT MOVED TO AMEND THE MAIN MOTION BY STIPULATING THAT "NATURAL STREAMS AND DRAINAGE COURSES SHALL NOT BE BLOCKED OR IMPEDED." The amendment was seconded and CARRIED by unanimous voice vote. The question was called and the main motion as amended CARRIED by unanimous roll call vote. VII OLD BUSINESS A) CASE 85-065. Request for a variance from Section 17.36.030 (Nonconforming Lots of Record) of the Borough Code to permit a professional office and clinic building containing a single-family residence to locate on a nonconforming lot of record instead of only a single-family residence in an R3--Multi-family Residential District. Lot 3, Block 17, Kodiak Townsite; 206 Alder Lane. (Jack L. McFarland) BOB PEDERSON indicated there was no further staff report on this item. COMMISSIONER HEINRICHS declared he had a conflict of interest in this case. CHAIRMAN RENNELL excused Commissioner Heinrichs. A discussion ensued amongst the Commission, the Community Development Department and Jack McFarland. COMMISSIONER KNUDSEN MOVED TO GRANT 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 in a R3--Multi-Family Residential District on Lot 3, Block 17, Kodiak Townsite subject to the conditions of approval outlined 1, 2, 3, 5, 6 and 7, 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. CONDITIONS OF APPROVAL 1. If any or all of the parking spaces numbered 1 through 6 on the site plan (located on Tract G, U.S. Survey 444) are for any reason not available to serve the structure on Lot 3, Block 17, Kodiak Townsite the owner shall provide six (6) P & Z Regular Meeting -25- KIBS225833 December 18, iyoj parking spaces at another location in compliance with the Borough Code. 2. If the parking area on Tract G, U.S. Survey 444 is not available in the future, there will also be no adequate access to parking spaces numbered 7 through 9 on the site plan (located on Lot 3, Block 17, Kodiak Townsite). If this event occurs, the owner must provide the required number of parking spaces at another location in compliance with the Borough Code. 3. The site plan shall be amended to show, and the applicant must provide, a 10-foot by 30-foot Type "B" loading berth. 4. Deleted. 5. The appliance shall provide and install enter and exit only signs and reserved parking, back in only signs for parking spaces 7, 8 and 9. 6. The applicant shall provide a planter or other barrier (30-inch minimum height) between the ingress and egress points and along the Alder Lane edge of Space 1, as shown on the site plan. 7. The effective date of this variance shall be ten (10) days following receipt of a lease for the area to be used for the parking area on Tract G, U.S. Survey 444. FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable To the property or intended use of development, which eenerally do not apply to other properties in the same land In this case, the unique physical condition is the existing I nonconforming lot of record. This lot contains 6,814 square feet and the average width is 52.3 feet. 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 a single-family residence to be built on the lot. This is an unnecessary hardship because the lot is zoned R3 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 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 R3 and Business. 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 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 as Central Business District. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is the variance. In this case actions of the applicant have not caused the conditions from which relief is being sought by a variance. The lot was platted in 1941 prior to the adoption of Borough Subdivision and Zoning Codes. KIBS225834 P & Z Regular Meeting -26- December 125, ,__ 6. That the granting of the variance will not permit a prohibited land use in the district involved. Professional offices and clinics and single-family residences are permitted in this district. COMMISSIONER HEINRICHS RETURNED TO THE PLANNING AND ZONING COMMISSION. B) CASE S-85-012. Vacation of Lots 7 through 10, U.S. Survey 3466 and replat to Lots 7A through 10A and creation of Beaver Lake Loop Road and Lots 1A through 16B, Block 1, Lakeside Subdivision r First Addition, U.S. Survey 3467. (Kodiak Island Borough) COMMISSIONER KNIGHT declared he had a conflict of interest in this case. CHAIRMAN RENNELL excused Commissioner Knight. A discussion ensued amongst the Commissioners and the Community Development Department. COMMISSIONER HEINRICHS MOVED TO GRANT FINAL APPROVAL TO THE FINAL PLAT OF LAKESIDE SUBDIVISION FIRST ADDITION BLOCK 1 AND THE VACATION AND REPLAT OF LOT 7 THROUGH 10, U.S. SURVEY 3466 AND ADOPT THE CONDITIONS OUTLINED IN THE MEMORANDUM FROM THE BOROUGH ENGINEER OF DECEMBER 10, 1985. CONDITIONS 1 THROUGH 6. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS: 1. Change the following Delta angles: Lot 8A, U.S. Survey 3466 63049'25" Lot 8, Block 1 63049'25" Lot 16A, Block 1 97041'25" Beaver Lake Loop R.O.W. at Beaver Lake Drive 70030'30" r 2. Change the centerline dimension for Beaver Lake Loop to 622.22 feet. 3. Change the arc length of the curve of Lot 15A, Block 1 to 6.24 feet. 4. Add a five -foot -wide electrical easement along the Beaver Lake Loop right-of-way of Block 1. 5. Add the following plat note: Lots 1A through 7B and 9A through 16B of Block 1, Lakeside Subdivision First Addition are created solely for the purpose of zero -lot -line duplex development with one dwelling unit on each lot. 6. Add a 15-foot-wide guy anchor easement along the common line between Lots 15B and 16A extending 25 feet into the lot from Beaver Lake Drive as requested by KEA. COMMISSIONER KNIGHT RETURNED TO THE PLANNING AND ZONING COMMISSION. C) CASE S-85-051. Subdivision of Lot 8, Block 2, Miller Point r- Alaska Subdivision First Addition, U.S. Surveys 3462 and 3463 to Lots 8A through 8E. (Lawrence Keegan) COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL SUBJECT TO VERIFICATION AFTER THE PROPERTY CORNERS HAVE BEEN SET THAT THE WATER AND SEWER SERVICES HAVE BEEN INSTALLED IN THE CORRECT LOCATIONS OF LOT 8, BLOCK 2, MILLER POINT ALASKA SUBDIVISION. The motion was seconded and CARRIED by unanimous roll call vote. D) CASE S-85-054. Subdivision of Lot 2A, Block 2, Shahafka Acres Subdivision to Lots 2A-1 and 2A-2. (Pearleen Hunter) KIBS225835 P & Z Regular Meeting -27- December 18, 1985 r... DAVE CROWE indicated a letter had been received from the mortgage holder, Helen C. Hall. A discussion ensued amongst the Commission and the Borough Engineer. COMMISSIONER KNUDSEN MOVED TO GRANT FINAL APPROVAL OF THE SUBDIVISION OF LOT 2A, BLOCK 2, SHAHAFKA ACRES ON THE CONDITION THAT THE EXISTING MORTGAGE IS PAID IN FULL OR THAT OTHER ARRANGEMENTS ARE MADE TO OBTAIN THE APPROVAL OF THE MORTGAGOR. The motion was seconded. A discussion ensued amongst the Commissioners and the Borough Engineer with input from the Community Development Department. The question was called and the motion CARRIED by unanimous roll call vote. VIII NEW BUSINESS There was no New Business. IX COMMUNICATIONS A discussion ensued amongst the Commission and the Community Development Department. COMMISSIONER KNIGHT MOVED TO ACKNOWLEDGE RECEIPT OF ITEMS IX -A AND IX-B. The motion was seconded and CARRIED by unanimous voice vote. A) CASE 85-035. Planning and Zoning Commission review of the terms of the administrative decision allowing the use of a R2--Two-Family Residential lot for a home occupation and limited use of the lot for the owners' "Rent -A -Heap" and "Airporter Bus" activities per the Commission decision of July 17, 1985. Lot 5, Block 13, Aleutian Homes Subdivision; 513 Carolyn Street. (Gary and Stacie Peterson) B) Correspondence from the Fish and Wildlife Service, Alaska Maritime National Wildlife Refuge (NWR) Planning Team requesting Planning and Zoning Commission participation and comments in the "scoping" process for the Alaska Maritime National Wildlife Refuge. X REPORTS A) Status Report from the Community Development Department. B) Joint worksession December 19, 1985 with the Assembly. XI AUDIENCE COMMENTS SCOTT ARNDT appeared before the Commission to express his concerns with the by-laws. A discussion ensued amongst Scott Arndt, the Community Development Department and the Commission. XII COMMISSIONERS' COMMENTS A discussion ensued amongst the Commissioners and the Community Development Department regarding Case 85-086 (Item VI-J) with input /�- from Scott Arndt. COMMISSIONER HEINRICHS MOVED TO RESCIND THE MOTION THAT WAS MADE IN RELATIONSHIP TO CASE 85-086 TO INVESTIGATE REZONING OF TRACTS T, R1-A, R-2 AND E-3 AND TO LEAVE THE ISSUE IN ITS TABLED FORM. The motion was seconded and FAILED by majority roll call vote. Knudsen, Rennell and Knight voted "no." P & Z Regular Meeting IM-L KIBS225836 December 18, 1985 XIII ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 12:45 p.m. KODIAK ISLAND BOROUGH PLANNING AND CZZOON�ING CpOMJMISSION By:�, lX Steve Rennell, Chairman ATTEST BY: 40� r-1 Patricia Miley, S�� etary Community Developukht Department DATE APPROVED: SA uUAf � IS IifS<- Q A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT -"'BS225837 P & Z Regular Meeting -29- December 18, 1985