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1987-03-18 Regular MeetingKodiak Island Borough KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 18, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 86-002. Request for Planning and Zoning Commission review of a previously approved exception that permitted an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business District. The applicant requests clarification of whether an addition onto the rear of the structure is within the scope and intent of the exception as granted. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) X REPORTS r- B) Engineering Department Approved Abbreviated Plats Report - March 6, 1987 I KIBS226166 P & Z Regular Meeting Agenda Additions - 1 - March 18, 1987 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 18, 1987 7:30 p.m. AGENDA I CALL TO ORDER II ROLL CALL III APPROVAL OF AGENDA IV MINUTES OF PREVIOUS MEETINGS: Regular Meeting of February 18, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS 1"101380040F"lRk e79 A) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, approach surfaces, clear zones and parking zones for the Kodiak Municipal Airport specifically and utility airports in general. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Tabled from the January and February 1987 Regular Meetings. B) CASE 87-006. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new single-family residence to encroach fifteen (15) feet into the required twenty-five (25) foot side yard setback in a RR1--Rural Residential One Zoning District. Lot 13, Block 1, Monashka Bay Alaska Subdivision; 2949 Bay View Drive. (Tom Bendel) C) CASE 87-007. Request for a variance from Section 17.54.010 (A and C) (Height -Extension onto Public Property) of the Borough Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard and to project into the Thorsheim Street right-of-way in a R1--Single-Family Residential Zoning District. Lot 12, Block 2, Aleutian Homes; 1113 Thorsheim Street. (Thomas Eggemeyer) D) CASE 87-008. Request for a variance from Section 17.57.020 (Off -Street Parking -Number of Spaces Required) of the Borough Code to permit a new auto body repair shop building and the existing building and businesses to provide only twenty-six (26) off-street parking spaces instead of the required fifty-two (52) parking spaces in a B--Business Zoning District. Lot 3, Block 1, Airpark Subdivision; 1819 through 1821 Mill Bay Road. (Randy Chase) E) CASE 87-010. Request for an amendment to Title 17 (Zoning) of the Borough Code to revise provisions for nonconforming lots of record (Section 17.36.030) and to establish provisions for minimum side and rear yard setbacks in the R1--Single-Family Residential, IR2--Two-Family Residential, R3--Multifamily Residential, RR1--Rural ` Residential One and RR2--Rural Residential Two Zoning District (Chapters 17.16, 17.17, 17.18, 17.19 and 17.20). The proposed changes would (1) allow nonconforming lots of record with contiguous frontage and in common ownership to be sold as individual parcels; and (2) establish a minimum five (5) foot side and ten (10) foot rear setback for all R1, R2 and R3 lots and a minimum ten (10) foot side and twenty (20) foot rear setback for all RR1 and RR2 lots regardless of lot width or depth. (Kodiak Island Borough) VII OLD BUSINESS KIBS226167 P & Z Regular Meeting Agenda - 1 - March 18, 1987 r— VIII NEW BUSINESS IX COMMUNICATIONS A) Kodiak Island Borough Coastal Management Program 1986 Annual Report X REPORTS A) Community Development Department Monthly Status Report - February 1987 XI AUDIENCE COMMENTS XII COMMISSIONERS' COMMENTS XIII ADJOURNMENT The public is invited to attend the packet review worksession for these agenda items to be held in the Kodiak Island Borough Conference Room at 7:30 p.m. the preceding Wednesday. �i OF 4k Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226169 P & Z Regular Meeting Agenda - 2 - March 18, 1987 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MARCH 18, 1987 I. CALL TO ORDER The Regular Meeting of the Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Steve Rennell on March 18, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Tom Hendel Mary Lou Knudsen D.L. Smedley Scott Thompson A quorum was established. III. APPROVAL OF AGENDA Others Present: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Patricia Miley, Secretary, Community Development Department Staff reported the following additions to the agenda: V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 86-002. Request for Planning and Zoning Commission review of a previously approved exception that permitted an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business District. The applicant requests clarification of whether an addition onto the rear of the structure is within the scope and intent of the exception as granted. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) X REPORTS B) Engineering Department Approved Abbreviated Plats Report - March 6, 1987 COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. IV. MINUTES OF PREVIOUS MEETING COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the February 18, 1987 Planning and Zoning Commission regular meeting as r— presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) CASE 86-002. Request for Planning and Zoning Commission review of a previously approved exception that permitted an existing nonconforming land use (a business and a single-family residence) to be converted to a two-family dwelling unit (duplex) in a B--Business District. The applicant requests clarification of whether an addition onto the rear of the structure is within the scope and intent of the exception as granted. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) P & Z MINUTES 1 KIBS226169 MARCH 18, 1987 BOB PEDERSON reviewed the history of this case, noting that the Commission originally granted this exception on June 18, 1986 and that the Commission granted a one-year extension on January 21, 1987. Staff recommended the Commission concur with the staff's recommendation that the proposed addition is within the intent of the originally approved exception for a two-family dwelling unit. COMMISSIONER HEINRICHS reported a possible conflict of interest. CHAIRMAN RENNELL declared the reported issue was not a conflict of interest. A discussion ensued amongst the Commissioners and Community Development Department staff concerning the potential effect this addition would create if in the future this property was reconverted to a business use. COMMISSIONER ANDERSON MOVED TO CONCUR with the request that a 9 foot by 28 foot addition onto the rear of the existing structure is within the intent of the exception granted to convert the structure into a two-family dwelling unit, and to adopt the findings contained in the staff report dated March 16, 1987, as "Findings of Fact" for this case. Lot 12, Block 1, Allman Addition. The motion was seconded and FAILED by majority roll call vote. Commissioners Thompson, Knudsen, Heinrichs and Rennell voted "no." COMMISSIONER HEINRICHS MOVED TO ADOPT the following findings of fact: FINDINGS OF FACT �-- 1. The addition would be enlarging a nonconforming land use, which is not permitted in the Borough Zoning Code. 2. Expansion of the cubical content of this building, which has experienced parking problems in the past, will only further exacerbate the parking problem if the structure is reconverted to business uses. 3. The addition was not within the scope of the original exception granted on January 15, 1986. The motion was seconded and CARRIED by unanimous voice vote. There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 87-001. Request for an amendment to Title 17 (Zoning) of the Borough Code to adopt provisions for takeoff zones, approach surfaces, clear zones and parking zones for the Kodiak Municipal Airport specifically and utility airports in general. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Tabled from the January and February 1987 Regular Meetings. r COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 87-001 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. BOB PEDERSON indicated 236 public hearing notices were mailed for this case in January, February and March. In January and February a total of 5 public hearing notices were returned, 2 in favor, 1 opposing and 2 with no comments regarding this request. In March, 1 public hearing notice stating opposition to the request was returned. Staff recommended the Commission forward this request to the Assembly recommending adoption of the revised ordinance (dated March 18, 1987). Regular Session Closed. Public Hearing Opened: KIBS226170 P & Z MINUTES 2 MARCH 18, 1987 SCOTT ARNDT appeared before the Commission and expressed opposition to the ordinance as it restricts property owners in the use of land classified as parking or clear zones. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt provisions for approach surfaces, clear zones, parking zones, and airport height limitations into Title 17 (Zoning) of the Borough Code as delineated in the proposed ordinance attached to the staff report (dated March 3, 1987) for Planning and Zoning Commission Case 87-001. The motion was seconded and CARRIED by unanimous roll call vote. KODIAK ISLAND BOROUGH ORDINANCE NO. 87- AN ORDINANCE OF THE KODIAK ISLAND BOROUGH ASSEMBLY AMENDING CHAPTERS 17.03, 17.06, 17.39 AND 17.42 RELATING TO APPROACH ZONES, CLEAR ZONES AND PARKING ZONES FOR UTILITY AIRPORTS IN THE KODIAK ISLAND BOROUGH. The Kodiak Island Borough Assembly hereby ordains that: Section 1: This ordinance is of a general and permanent nature and shall become a part of the Code of Ordinances of the Kodiak Island Borough. Section 2: Chapter 17.03 is hereby amended by adding: 17.03.100 Airport Regulations. In order to carry out the provisions of this title and to ensure the continued viability of utility airports for safe aircraft operations, regulations restricting the height and placement of structures, storage of materials and parking of vehicles and aircraft are r applied to all land contiguous to or adjoining utility airports in the Kodiak Island Borough. Further, in recognition of the historical development patterns around Lilly Lake and the Kodiak Municipal Airport, special provisions are adopted for all land contiguous to or adjoining the Kodiak Municipal airport and Lilly Lake (from the airstrip to Larch Street) and any other lands over which any aircraft is required to fly or make a safe approach, when landing or taking off in connection with the use of the Kodiak Municipal Airport, Lilly Lake, or a utility airport. (1) All development and/or use of any land contiguous to or adjoining Lilly Lake, the municipal airport or a utility airport shall comply with airport height limitations and airport setback requirements. Further, structures, buildings or equipment shall not be located in such a manner as to project into an approach surface, a clear zone, a parking zone or a runway clear zone. (2) Zoning compliance shall not be issued for any activity involving the placement of fill in Lilly Lake, with the exception of docks less than thirty (30) inches above the water, located within the parking zone and for the sole purpose of seaplane parking. (3) Zoning compliance shall not be issued for any structure located on land contiguous to or adjoining Lilly Lake that projects from the land out over the lake. (4) All newly established utility airports shall be designed and located to comply with Federal Aviation Administration (FAA) Advisory Circular (AC No: 150/5300-4B) for utility airports. Section 3: Chapter 17.06 is hereby amended by adding: 17.06.012 Airport, Municipal. "Municipal Airport" means the City of Kodiak Municipal Airport and Lilly Lake. Section 4: Chapter 17.06 is hereby amended by adding: 17.06.014 Airport, Utility. "Utility Airport" is any airport in the Kodiak Island Borough designed and/or constructed to serve aircraft in Approach Category A (speed less than 91 knots). Section 5: Chapter 17.06 is hereby amended by adding: 17.06.016 Airport Elevation. "Airport elevation" is the established elevation of the highest point of the usable landing area. P & Z MINUTES KIBS226171 3 MARCH 18, 1987 Section 6: Chapter 17.06 is hereby amended by adding: 17.06.045 Approach Surface. "Approach surface" means an approach surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of a runway. The inner edge of the approach surface is the same width as the runway and it expands uniformly to a width of 1,500 feet for each end of the runway. The approach surface extends for a horizontal distance of 5,000 feet at a slope of 20 to 1. r No building or structure may be constructed or erected nor may any other object be stored or placed in such a manner as to protrude into the approach surfaces. (1) Approach surfaces for Lilly Lake extend outward and upward from each end of the existing lake surface. Section 7: Chapter 17.06 is hereby amended by adding: 17.06.162 Clear Zone. "Clear zone" means that area within fifty (50) feet from and on the outside of both edges of the Municipal Airport gravel runway and all of the water area of Lilly Lake, excepting the parking zone, within which no structure may be constructed, erected or placed and no vehicle or other object may be parked, stored or placed. The clear zone also means that area one hundred forty (140) feet wide extending from the southerly end of Lilly Lake to the Larch Street right-of-way. Section 8: Chapter 17.06 is hereby amended by adding: 17.06.450 Parking Zone. "Parking zone" means a strip of land twenty-five (25) feet in width immediately adjacent to the clear zone along the Municipal Airport and on that side of the clear zone which is farthest from the gravel runway. No structure may be constructed, erected or placed within the parking zone except motor vehicles and aircraft. Motor vehicles used for storage or living or sleeping accommodations are not permitted within parking zones. Parking zone also means a water area thirty (30) feet in width on Lilly Lake, measured out from the existing shoreline of the lake, within which seaplanes may be rparked or stored. Section 9: Chapter 17.06 is hereby amended by adding: 17.06.472 Runway. "Runway" means a defined rectangular area on a utility airport prepared for the landing or takeoff of airplanes. Section 10: Chapter 17.06 is hereby amended by adding: 17.06.473 Runway, Municipal. "Municipal Runway" means the eighty (80) foot by two thousand seven hundred (2,700) foot gravel runway which has a bearing of South 47 degrees 9 minutes 49 seconds West as shown on the Kodiak Municipal Airport "as -built" survey dated November 4, 1983 and the eighty (80) foot by three thousand four hundred seventy-eight and one hundredth (3,478.01) foot water and land area, the centerline of which has a bearing of North 49 degrees 31 minutes 28 seconds East as shown on the Kodiak Municipal Airport "as -built" survey dated November 4, 1983. Section 11: Chapter 17.06 is hereby amended by adding: 17.06.476 Runway Clear Zone. "Runway clear zone" means a clear surface extending upward and outward from each edge of a utility airport runway for its full length. The clear surface extends for a horizontal distance of two hundred fifty (250) feet at a slope of seven (7) to one (1). Runway clear zones apply only to utility airports. Section 12: Chapter 17.39 is hereby amended by adding: 17.39.020 Airport Height Limitations. A maximum height limitation of thirty-five (A) feet is established for all structures on lands contiguous to or adjoining a utility airport, Lilly Lake and the Kodiak Municipal Airport. This height limitation applies even if the zoning district in which the property is located permits a greater height limitation. (1) For all lands contiguous to or adjoining a utility airport, no structures or equipment may be located in such a manner that any portion of a structure or piece of equipment projects into the runway clear zone or approach surfaces. (2) For all lands contiguous to or adjoining Lilly Lake and the Kodiak Municipal Airport, no structures or equipment may be located in such a manner that any portion of a structure or piece of equipment projects into the approach surfaces or the clear zone. P & Z MINUTES KIBS226172 4 MARCH 18, 1987 (3) Height of buildings and structures shall be measured from grade (ground level). Section 13: This ordinance shall be in full force and effect upon passage and adoption. B) CASE 87-006. Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit a new single-family residence to encroach fifteen (15) feet into the required r— twenty-five (25) foot side yard setback in a RR1--Rural Residential One Zoning District. Lot 13, Block 1, Monashka Bay Alaska Subdivision; 2949 Bay View Drive. (Tom Hendel) BOB PEDERSON reported that Mr. Hendel had withdrawn his request for a variance, that it would be appropriate to hold the public hearing as the case had been advertised, but that no further action was necessary after the close of the public hearing. COMMISSIONER RENNELL requested COMMISSIONER HENDEL to step down due to a conflict of interest. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HENDEL returned to the Planning and Zoning Commission. C) CASE 87-007. Request for a variance from Section 17.54.010 (A and C) (Height -Extension onto Public Property) of the Borough r� Code to permit a six (6) foot fence with a solid vertical surface to locate in the front yard and to project into the Thorsheim Street right-of-way in a Rl--Single-Family Residential Zoning District. Lot 12, Block 2, Aleutian Homes; 1113 Thorsheim Street. (Thomas Eggemeyer) BOB PEDERSON indicated 43 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request with the five conditions noted in the staff report. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A a request for a variance from Section 17.54.010 (A and C) of the Borough Code to permit a six (6) foot fence to locate in the front yard and to project into the Thorsheim Street right-of-way in a R1--Single-Family Residential Zoning District on Lot 12, Block 2, Aleutian Homes, subiect to the conditions of approval outlined in the staff report dated February 25, 1987 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. The fence is constructed at the applicant's 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 12, Block 2, Aleutian Homes, agrees to remove same without cost to the City. 4. Since the land is publicly owned, no prescriptive right accrues to the user. P & Z MINUTES KIBS226173 5 MARCH 18, 1987 M 5. Construction of the fence shall be in such a manner as to not reduce any required off-street parking. FINDINGS OF FACT 1. Exceptional physical c to the property or int generally do not appl use district. rcumstances or conditions applicable nded use of development, which to other properties in tha came 7n.,.7 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 or roadway edge is their "yard," and that they should be able to erect a fence of reasonable height around that yard. In addition, if the fence was built along the property lines, strips of City property would remain outside the fence. It is likely that this property would not then be maintained by the property owner, this could constitute a public health problem. 2. Strict application of the z result Strict application of the zoning ordinance would only allow the fence to be placed on the property lines with a vertical surface that is 50% open above 2 feet and a maximum of 4 feet. This is an unnecessary hardship when many other fences (solid and otherwise and higher than 4 feet) in the community have encroached on the public property without first receiving a variance. The Commission has also granted variances in the past for fences to project into road rights -of -way and to exceed the maximum height requirements. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity r be detrimental to the public's health safety and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare because the fence will not pose a line of sight problem along Thorsheim Street either due to its height or solid nature. Also, the conditions outlined below ensure that any future removal of the fence will not impose a cost to the public. The erection of the fence out to the sidewalk will hopefully ensure that the small strip of City property is maintained by the property owner to the benefit of the City. 4. The granting of the variance will not be contrary to the Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan does not address minor structural developments such as fences. The main use of the property for residential purposes is consistent with the Comprehensive Plan. 5. That actions of the conditions or finan rom cause be Actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance request will be decided prior to construction of the fence. 6. That the granting of the variance will not permit a Fences are permitted in all land use districts. P & Z MINUTES KIBS226174 6 MARCH 18, 1987 F" D) CASE 87-008. Request for a variance from Section 17.57.020 (Off -Street Parking -Number of Spaces Required) of the Borough Code to permit a new auto body repair shop building and the existing building and businesses to provide only twenty-six (26) off-street parking spaces instead of the required fifty-two (52) parking spaces in a B--Business Zoning District. Lot 3, Block 1, Airpark Subdivision; 1819 through 1821 Mill Bay Road. (Randy Chase) LINDA FREED reviewed the history of the various parking plans presented to the Commission. BOB PEDERSON indicated 48 public hearing notices were mailed for this case and 4 were returned, 2 in favor and 2 opposing this request. Mr. Pederson reviewed the "alternative parking plan" distributed as part of the additional handouts prior to the beginning of the meeting. LINDA FREED noted that the required off-street parking spaces had been reduced from 52 to 45 as a result of the maximum seating occupancy of the restaurant. A discussion ensued amongst the Commissioners and Community Development Department staff. Regular Session Closed. Public Hearing Opened: KEN KNOWLES, representing the Chase's, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Knowles. r SCOTT ARNDT appeared before the Commission and questioned what the future impact would be if the building housed retail businesses, stating that he did not want to see an increase in the parking problems on Mill Bay Road. A discussion ensued amongst the Commissioners and Mr. Arndt. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff. COMMISSIONER ANDERSON MOVED TO GRANT A variance from Section 17.57.020 of the Borough Code to permit a new auto body repair shop building and the existing building and existing businesses located therein to provide only thirty-five (35) off-street parking spaces instead of the required forty-five (45) parking spaces in a B--Business Zoning District, in accordance with the "revised parking plan." The applicant will also provide parking spaces numbered thirty-six (36) through forty-eight (48) even though these spaces do not meet the "technical requirements" of the Borough Code. Space number 34 will be designated as the required type "C" loading berth. Lot 3, Block 1, Airpark Subdivision. The motion was seconded. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding: "the variance is for the existing businesses only." The amendment was seconded. A discussion ensued amongst the Commissioners. The question was called and the AMENDMENT FAILED by majority roll call vote. Commissioners Smedley, Heinrichs, Bendel, Thompson, Anderson and Rennell voted "no." The question was called and the motion CARRIED by majority roll call vote. Commissioners Rennell and Knudsen voted "no." P & Z MINUTES KIBS226175 7 MARCH 18, 1987 A discussion ensued amongst the Commissioners and Community Development Department staff regarding findings of fact. COMMISSIONER ANDERSON MOVED TO ADOPT THE FINDINGS OF FACT AS DISCUSSED WITH STAFF. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT r 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional circumstance applicable to the intended use of development is the fact that specific off-street parking requirements for auto body repair shops are not included in the zoning ordinance. The requirements for a service station ("garage") or automobile dealership were utilized, which, due to the nature of the actual parking needs for an auto body repair shop, appear to be excessive. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would require the provision of forty-five (45) off-street parking spaces. This is an unnecessary hardship when the parking requirements for auto body repair shops appear to be excessive. Provision of forty-five (45) off-street parking spaces also presents practical difficulties because the parking plan shows forty-eight (48) parking spaces, thirteen (13) of which do not meet the technical requirements of the r Borough Code due to limited maneuverability or a minor deficiency in space length (17, 18 or 19 feet instead of 20 feet). Practically speaking, these spaces are available and used for parking. Further, the activities of an auto body shop routinely use indoor parking and fenced auto storage areas that do not meet the technical requirements of the Borough Code, but are provided for in the parking plan. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity be detrimental to the public's health, safety and welfar Granting of the variance will not be detrimental to the public safety because all spaces that will be provided have adequate maneuvering room without interfering with visibility or safe traffic flow along Mill Bay Road. Granting of a parking variance will not be prejudicial to or set a precedent for other business properties along Mill Bay Road because a number of spaces are being provided that are adequate for the type of business use proposed (auto body shop) and additional spaces are being provided, but they do not meet the technical requirements of Borough Code. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. r Granting of the variance will not be contrary to the objectives of the Comprehensive Plan because comprehensive plans do not generally address site specific development standards such as off-street parking. The Comprehensive Plan designation for this area is shopping center and the existing and proposed businesses are consistent with this designation. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is bein sought by the variance. Actions of the applicant have not caused the conditions from which relief is being sought by a variance. The variance P & Z MINUTES 8 MARCH 18, 1987 KIBS226176 request will be decided prior to construction of the new auto body repair shop. 6. That the granting of the variance will not permit a prohibited land use in the district involved. An auto body repair shop is a permitted land use in the B--Business Zoning District. r E) CASE 87-010. Request for an amendment to Title 17 (Zoning) of the Borough Code to revise provisions for nonconforming lots of record (Section 17.36.030) and to establish provisions for minimum side and rear yard setbacks in the R1--Single-Family Residential, R2--Two-Family Residential, R3--Multifamily Residential, RR1--Rural Residential One and RR2--Rural Residential Two Zoning District (Chapters 17.16, 17.17, 17.18, 17.19 and 17.20). The proposed changes would (1) allow nonconforming lots of record with contiguous frontage and in common ownership to be sold as individual parcels; and (2) establish a minimum five (5) foot side and ten (10) foot rear setback for all R1, R2 and R3 lots and a minimum ten (10) foot side and twenty (20) foot rear setback for all RR1 and RR2 lots regardless of lot width or depth. (Kodiak Island Borough) BOB PEDERSON indicated 2 public hearing notice responses were received expressing opposition to 10 foot side yard setbacks in the RR1 and RR2 Zoning Districts. Staff recommended tabling this request until the April meeting and soliciting further input from the community. Regular Session Closed. r" Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed support for this request. A discussion ensued amongst Mr. Arndt and Community Development Department staff. BOB PEDERSON read a letter expressing opposition to 10 foot side yard setbacks in RR1 and RR2 zoning districts from the Chiniak Community Forum, dated March 18, 1987, into the record. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners, Mr. Arndt and Community Development Department staff. It was the consensus of the group to consider the side yard setbacks in the RR1 and RR2 zoning districts as follows: (A) 10 foot side yard setbacks for RR1 with public sewer and water services; (B) 15 foot side yard setbacks for the remainder of RR1; and (C) 20 foot side yard setbacks for RR2. COMMISSIONER ANDERSON MOVED TO TABLE the proposed revisions to Section 17.36.030 of the Borough Code pertaining to nonconforming r lots of record and the proposed revisions to minimum side and rear yard setback requirements in Residential Zoning Districts for an additional public hearing at the May regular meeting. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners and Community Development Department staff concerning notification of community groups (i.e., Womens Bay Community Council and Chiniak Community Forum) regarding the effects of this case upon property owners in their areas. It was also noted that further input from Chiniak Community residents could be obtained at the worksession scheduled in Chiniak for April 23, 1987. KIBS226177 P & Z MINUTES 9 MARCH 18, 1987 r� It was also the consensus of the group to solicit input from the City of Kodiak concerning the effects of this case upon properties within the City Limits along with an adjustment in the side yard setbacks for R1, R2 and R3 as follows: (A) 5 foot side yard setbacks for properties 50 feet and more in width; and (B) 3 foot side yard setbacks for properties less than 50 feet in width. COMMISSIONER ANDERSON MOVED TO RESCIND the previous motion. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER ANDERSON MOVED TO DIRECT STAFF to solicit input from the Chiniak Community Forum, the Womens Bay Community Council, and the City of Kodiak. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO TABLE the proposed revisions to Section 17.36.030 of the Borough Code pertaining to nonconforming lots of record and the proposed revisions to minimum side and rear yard setback requirements in Residential Zoning Districts for an additional public hearing at the April regular meeting. The motion was seconded and CARRIED by unanimous roll call vote. VII. OLD BUSINESS There was no old business. VIII. NEW BUSINESS There was no new business. f]K Orvl�6&YRI0Y:VTiii COMMISSION KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A and B under Communications. The motion was seconded and CARRIED by unanimous voice vote. A) Kodiak Island Borough Coastal Management Program 1986 Annual Report B) Registration form for the "Tough Times" conference in Anchorage on May 7 and 8, 1987. X. REPORTS COMMISSION KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A and B under Reports. The motion was seconded and CARRIED by unanimous voice vote. A) Status Report from the Community Development Department. B) Engineering Department Approved Abbreviated Plats Report - March 6, 1987 LINDA FREED noted that the April 22, 1987 worksession was rescheduled to April 23, 1987 and that the worksession would be held in Chiniak (to discuss the Chiniak Comprehensive Plan). XI. AUDIENCE COMMENTS There were no audience comments. XII. COMMISSIONERS' COMMENTS A discussion ensued amongst the Commissioners and Community Development Department staff concerning construction of fences in the rights -of -way within the City of Kodiak. Staff was directed to write KIBS226178 P & Z MINUTES El MARCH 18, 1987 the City of Kodiak regarding the necessity of obtaining a variance from the Planning and Zoning Commission. XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 9:00 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: � teve Rennell, Chairman ATTEST By: Patricia Mil Secretary Community De lopment Department DATE APPROVED: APn (, I S, 19 ?-1 A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226179 P & Z MINUTES 11 MARCH 18, 1987