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1987-04-15 Regular Meetingr' r— r KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 15, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS IX COMMUNICATIONS D) Letter to ADEC from Robert H. Pederson, dated April 7, 1987, re: Chiniak Tracking Station Solid Waste Permit Application No. 8721-BA003. E) Letter to Melvin M. Stephens from Robert H. Pederson, dated April 7, 1987, re: Case S-87-001 Subdivision of Lot 1-A, Block 1, Woodland Acres Subdivision F) Letter from Joel H. Bolger, dated March 19, 1987, re: Mark White v. Kodiak Island Borough, and Final Decision on Appeal. G) Letter to C. Walter Ebell from David C. Crowe, dated April 9, 1987, re: U.S. Survey 1396 Unplatted Parcels. H) Letter from Neil Shuckerow, Vice President/General Manager, International Seafoods of Alaska, Inc., dated April 13, 1987, to Robert H. Pederson, re: Lot 15, Block 2, Lakeside Subdivision. I) Copy of a postcard from Gordon Lewis to Linda Freed, postmarked April 6, 1987. J) Copy of the third draft of the Chiniak Comprehensive Plan dated April 1987. KIBS226180 P & Z Regular Meeting Agenda - 1 - April 15, 1987 KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 15, 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 March 18, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS VI PUBLIC HEARINGS A) CASE 87-010. Request for amendments 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 Districts (Chapters 17.16, 17.17, 17.18, 17.19 and 17.20). (Kodiak Island Borough) (Tabled from the March 1987 Regular Meeting) The proposed changes would (1) allow nonconforming lots of record with contiguous frontage and in common ownership to be sold as individual r parcels; and (2) establish minimum side and rear yard setbacks for all lots in residential zoning districts according to the following table: ZONING DISTRICT(S) SIDE YARD SETBACK REAR YARD SETBACK R1, R2 and R3 lots less than 50 feet in width 3 feet 10 feet R1, R2 and R3 lots 50 feet or more in width 5 feet 10 feet RR1 with public water and sewer service 10 feet 20 feet RR1 without public water and sewer service 15 feet 20 feet RR2 20 feet 20 feet B) CASE 87-011. Request for a variance from Section 17.57.020(A) (Off -Street Parking --Number of Spaces Required) and Section 17.57.030 (Off -Street Parking - Location) of the Borough Code to permit a new single-family residence to be exempt from the requirement of providing r. two (2) off-street parking spaces by permitting the placement of a two (2) space parking deck for the single-family residence within the Tagura Road right-of-way instead of within Lot 13, Block 34, East Addition; 820 Tagura Road. (Kuljis/Baker) C) CASE 87-012. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit an eighteen by twenty (18 x 20) foot addition onto the front of the existing single-family residence to encroach eight (8) feet into the required twenty-five (25) foot front yard setback in a Rl--Single-Family Residential Zoning District. Lot 8, Block 3, Allman Addition; 1218 Malutin Lane. (Dung Sanders) D) CASE 87-013. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a six by twelve (6 x 12) foot arctic entry/mud room addition on the front of the existing structure to P & Z Regular Meeting Agenda - 1 - HIBS226181 April 15, 1987 encroach an additional six (6) feet into the required twenty-five (25) foot front yard setback for a total encroachment of seven and one-half (7.5) feet in a R2--Two-Family Residential Zoning District. Lots 113 and 114, Block 9, Erskine Subdivision; 321 through 323 Carolyn Avenue. (Begley/Cathey) E) CASE 87-014. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling to be constructed on one lot above a permitted detached accessory building in a R2--Two-Family Residential Zoning District and to clarify the use of the accessory building for a home occupation. Lot 4A-3, Block 1, Shahafka Acres Subdivision; 445 Shahafka Circle. (Ted Rogers) F) CASE 87-015. Request for a variance from Section 17.54.010(C) (Height -Extension onto Public Property) of the Borough Code to permit a fence that complies with all other code provisions to project into the Simeonoff Street right-of-way in a R1--Single-Family Residential Zoning District. Lot 3, Block 57, East Addition; 1815 Simeonoff Street. (Al Boudreau) G) CASE 87-016. Request for a conditional use permit in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a RR1--Rural Residential One Zoning District on Lot 3, Block 1, Woodland Acres Subdivision, or on Lot 18, Woodland Acres Subdivision First Addition or Lot 19, Woodland Acres Subdivision First Addition; 3694, 3746 or 3788 Rezanof Drive East. (Denton/Nachtweih) H) CASE 87-017. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to permit an existing nonconforming land use (a pet shop and feed store) to be expanded to include the boarding of animals (a kennel) in a R3--Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills r Subdivision; 119 through 121 Murphy Way. (Erin Gerrin) I) CASE 87-018. Request for a variance from Section 17.20.040 (Yards) of the Borough Code to permit a five by sixteen (5 x 16) foot arctic entry/mud room addition onto the front of the existing single-family residence to encroach five (5) feet into the required twenty-five (25) foot front yard setback in a R3--Multifamily Residential Zoning District. Lot 13A, Block 6, Leite Addition; 1513 Kouskov Street. (Eugene Mueller) J) CASE 87-019. Request for review by the Planning and Zoning Commission of a disposal by sale of up to forty (40) acres of Borough -owned land for less than fair market value in accordance with Section 18.20.100(B) (Disposal for Fair Market Value) of the Borough Code to the Alaska Power Authority. This property is presently leased from the Borough and is the site of the Terror Lake Powerhouse and other support structures. Located in Sections 1 and 12, Township 29 South, Range 23 West, Seward Meridian at the head of Kizhuyak Bay. (Kodiak Island Borough/Alaska Power Authority) K) CASE S-87-009. Creating Lots 1 through 5, Lakeside Subdivision Second Addition from Portions of Lots 1 and 2, U.S. Survey 3467 and a Portion of U.S. Survey 3469. (Kodiak Island Borough) This subdivision is the culmination of Kodiak Island Borough Assembly Resolution 86-69-R. r L) CASE S-87-010. Creating Tracts K and L, U.S. Survey 1396 from an Unsubdivided Portion of U.S. Survey 1396 including Lilly Lake. (Lenhart J. Grothe) This subdivision is the culmination of Kodiak Island Borough Assembly Resolution 86-69-R. VII OLD BUSINESS VIII NEW BUSINESS IX COMMUNICATIONS KIBS226182 A) Letter to City Manager from Robert H. Pederson dated March 26, 1987, re: variances for projections into City of Kodiak rights -of -way. P 5 Z Regular Meeting Agenda - 2 - April 15, 1987 B) Memorandum from Mary Lou Knudsen to members of the Kodiak City Council dated March 25, 1987. C) Letter to Neil Shuckerow, General Manager, International Seafoods of Alaska, Inc., from Robert H. Pederson, dated March 27, 1987, re: Lot 15, Block 2, Lakeside Subdivision - Request for Information. X REPORTS A) Community Development Department Monthly Status Report - March 1987 B) Engineering Department Approved Abbreviated Plats Report 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. 11 li 4i Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226183 P & Z Regular Meeting Agenda - 3 - April 15, 1987 r- r— r- KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - APRIL 15, 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 April 15, 1987 in the Borough Assembly Chambers. II. ROLL CALL III Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Tom Hendel Mary Lou Knudsen D.L. Smedley Scott Thompson A quorum was established. APPROVAL OF AGENDA Others Present: Gordon Gould, Assistant Planner/ Zoning Officer, Community Development Department Patricia Miley, Secretary, Community Development Department Dave Crowe, Borough Engineer Bud Cassidy, Resource Management Officer Others Absent: Linda Freed, Director, Community Development Department Bob Pederson, Associate Planner, Community Development Department Staff reported the following additions to the agenda: IX COMMUNICATIONS D) Letter to ADEC from Robert H. Pederson, dated April 7, 1987, re: Chiniak Tracking Station Solid Waste Permit Application No. 8721-BA003. E) Letter to Melvin M. Stephens from Robert H. Pederson, dated April 7, 1987, re: Case S-87-001 Subdivision of Lot 1-A, Block 1, Woodland Acres Subdivision F) Letter from Joel H. Bolger, dated March 19, 1987, re: Mark White v. Kodiak Island Borough, and Final Decision on Appeal. G) Letter to C. Walter Ebell from David C. Crowe, dated April 9, 1987, re: U.S. Survey 1396 Unplatted Parcels. H) Letter from Neil Shuckerow, Vice President/General Manager, International Seafoods of Alaska, Inc., dated April 13, 1987, to Robert H. Pederson, re: Lot 15, Block 2, Lakeside Subdivision. I) Copy of a postcard from Gordon Lewis to Linda Freed, postmarked April 6, 1987. J) Copy of the third draft of the Chiniak Comprehensive Plan dated April 1987. COMMISSIONER ANDERSON MOVED TO ACCEPT the agenda with the additions reported by staff. The motion was seconded and CARRIED by unanimous voice vote. KIBS226184 P & Z MINUTES I APRIL 15, 1987 r- ti Fl- IV. MINUTES OF PREVIOUS MEETING COMMISSIONER HEINRICHS MOVED TO ACCEPT the minutes of the March 18, 1987 Planning and Zoning Commission regular meeting as presented. The motion was seconded and CARRIED by unanimous voice vote. V. APPEARANCE REQUESTS AND AUDIENCE COMMENTS There were no appearance requests nor audience comments. VI. PUBLIC HEARINGS A) CASE 87-010. Request for amendments 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 Districts (Chapters 17.16, 17.17, 17.18, 17.19 and 17.20). (Kodiak Island Borough) (Tabled from the March 1987 Regular Meeting) 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 minimum side and rear yard setbacks for all lots in residential zoning districts according to the following table: ZONING DISTRICTS) SIDE YARD SETBACK REAR YARD SETBACK R1, R2 and R3 lots less than 50 feet in width 3 feet 10 feet R1, R2 and R3 lots 50 feet or more in width 5 feet 10 feet RR1 with public water and sewer service 10 feet 20 feet RR1 without public water and sewer service 15 feet 20 feet RR2 20 feet 20 feet GORDON GOULD indicated that the Commission held a public hearing on this item at the March 18, 1987 regular meeting and tabled the revisions to allow additional time for input from community planning groups; notice of the proposed revisions had been given to the Chiniak Community Forum, Womens Bay Community Council, Monashka Bay Planning Group, City of Kodiak and several interested property owners; general notices had been published on the Borough news page and advertised over KMXT-FM. Two responses were received: one recommending a 20 foot side yard setback in the RR1 (without public water and sewer service) and the other recommending a 25 foot side yard setback in the RR1 (without public water and sewer service). Staff also indicated that a new memorandum and revised proposed ordinance were distributed with the additional handouts. The revised proposed ordinance reflected the discussions from the packet review worksession held April 8, 1987. Staff recommended forwarding this request to the Assembly recommending adoption of the revised proposed ordinance. COMMISSIONER KNUDSEN MOVED TO REMOVE CASE 87-010 FROM THE TABLE. The motion was seconded and CARRIED by unanimous voice vote. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and expressed support for the five (5) foot side yard setback in the R1, R2 and R3 Zoning Districts and stated that he felt a fifteen (15) foot side yard setback for the RR1 Zoning District without public sewer and water service was adequate. P & Z MINUTES KIBS226185 2 APRIL 15, 1987 Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt revisions to Sections 17.36.030, 17.06.610, 17.16.050, 17.17.050, 17.18.050, 17.19.040 and 17.20.040 pertaining to nonconforming lots of record and the method for computation of side and rear yard building setbacks in Residential Zoning r— Districts as delineated in the revised proposed ordinance attached to the staff report (dated April 9, 1987) of Planning and Zoning Commission Case 87-010. 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 SECTION 17.36.030, RELATING TO NONCONFORMING LOTS OF RECORD AND SECTIONS 17.06.610, 17.16.050, 17.17.050, 17.18.050, 17.19.040, AND 17.20.040, RELATING TO SIDE AND REAR YARD BUILDING SETBACKS IN RESIDENTIAL ZONING DISTRICTS. 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: Section 17.36.030 is hereby amended as follows: 17.36.030 Nonconforming lots of record. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record existing at the effective date r of adoption or amendment of ordinances codified in this title. 6sek--l-c�1=-�erxst-be--€n-'se�erst'r-e�+xe�s##�-sad--ncsE-o€--ease#geese same €reaeege-trit�r�Eker-3ees- irr-eke--ewaeesklp- This provision shall apply even though such lot fails to meet the requirements for area or width or both, if the lot conforms to the other regulations for the district in which such lot is located. Variance of yard requirements and of other development requirements, except as specified above, shall be obtained only through action of the planning commission as provided in Chapter 17.66 of this title. If two or more lots, combinations of lots, or portions of lots with contiguous frontage in single common ownership are of record at the time of passage or amendment of the ordinances codified in this title, with a structure located across the lot line or a residential structure on one lot and an accessory ek#s--EEIe, the lands involved shall be considered to be an undivided parcel for the purposes of this title. No portion of said parcel shall be used or sold which does not meet the lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this title, except to allow the addition to abutting land to make a standard lot, providing such sale does not thereby create a substandard lot. Section 3: Section 17.06.610 is hereby amended as follows: 17.06.610 Yard, side. "Side yard" means a yard s#x-€eee er-mere-la-widek on each side of a main building and extending from the front yard, or front line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of a side lot line to the nearest part of the main building. Section 4: Section 17.16.050 is hereby amended as follows: 17.16.050 Yards. B. Side Yards. The minimum yard required, on each side of a principal building, is twenty-€#ve twenty feet. C. Rear Yard. The minimum rear yard required is € fty twenty feet. KIBS226186 P & Z MINUTES 3 APRIL 15, 1987 Section 5: Section 17.17.050 is hereby amended as follows: 17.17.050 Yards. B. Side Yards. The minimum yard required, 4n on each side of a principal building, is ten-Vereetre e€-kte iot'�idt�r,-vse-seed-�teE- ecirt a_: -ii+e fifteen feet. The minimum side yard required on the street side of a corner lot is twenty-€4ve fifteen feet. In the case of lots served by water and sanitary sewer service from a certified public utility or P_ municipal system, the minimum side yard required is ten feet. The minimum side vard required on the street side of a corner lot is ten feet. C. Rear Yards. The minimum rear yard required is EwenEy-€#ve-�eeeerrt ter€-Eke-3sf-s-art-�r-brr�-eeed--txrt �,ri�:-€erey twenty feet. Section 6: Section 17.18.050 is hereby amended as follows: 17.18.050 Yards. B. Side Yards. The minimum yard required, on each side of a principal building, is ten-�ereexE-rtrf Eke-€ee-9-ia#dtr—eeed Wert 1,ircretrEy five feet. The minimum required side yard on the street side of a corner lot is ten feet. C. Rear Yard. The minimum rear yard required is twenty-€#ve--�ereent--e€--Eke--€eE=s--deptk--bnt--eeed--net--exeeed twenty-five ten feet. Section 7: Section 17.19.040 is hereby amended as follows: 17.19.040 Yards. B. Side Yards. The minimum yard required, on each side of a principal building, is ten-pereent-e€ the-€etle-w#dtk-bet-need-set-exeeed-twenty- five feet. The minimum required side yard on the street side of a corner lot is ten feet. C. Rear Yard. The minimum rear yard required is twenty-€#ve--gereenE--e€--Eke--€et=s--degEk--bet--need--net--exeeed twenty-€€ve ten feet. Section 8: Section 17.20.040 is hereby amended as follows: 17.20.040 Yards. B. Side Yards. The minimum yard required, on each side of a principal building, is five feet. ten pereenE-of--Eke-3et-'s-Kaidt�r-�lxs-exnY-€eeE-€er-�ee�r dcae��ing-en#t ever-#rxrr---6#de--need-�crt-exeeed-tireirt-f#+re-€eet-4T1---8ny ease.- The minimum side yard required on the street side of a corner lot is ten feet. C. Rear Yard. The minimum rear yard required is twenty-€€ve--pereeaE--e€--Eke--€et=s--degtk--bet--need--net--e�eeed tweaey-€€ve ten feet. B) CASE 87-011. Request for a variance from Section 17.57.020(A) (Off -Street Parking --Number of Spaces Required) and Section 17.57.030 (Off -Street Parking - Location) of the Borough Code to permit a new single-family residence to be exempt from the requirement of providing two (2) off-street parking spaces by permitting the placement of a two (2) space parking deck for the single-family residence within the Tagura Road right-of-way instead of within Lot 13, Block 34, East Addition; 820 Tagura Road. (Kuljis/Baker) GORDON GOULD indicated 37 public hearing notices were mailed for this case and 1 was returned, opposing variances in general. Staff recommended approval of this request subject to the six conditions outlined in the staff report and with the addition of condition r number 7 to read: "The construction plans will be approved by the City of Kodiak Public Works Department prior to construction to ensure maintenance access to the water and sewer lines located in the Tagura Road right-of-way." Regular Session Closed. Public Hearing Opened: KIBS226187 LARRY BAKER, applicant, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Baker regarding the conditions of approval, the boat trailers in the vicinity of the lot and the location of the rear lot line. P & Z MINUTES 4 APRIL 15, 1987 P- r Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance from Sections 17.57.020(A) and 17.57.030 of the Borough Code to permit a new single-family residence to be exempt from the requirement of providing two (2) off-street parking spaces by permitting the placement of a two (2) space parking deck for the single-family residence within the Tagura Road right-of-way instead of within Lot 13, Block 34, East Addition, subject to the conditions of approval outlined in the staff report dated April 2, 1987, and with the addition of condition number 7 to read, "The construction plans will be approved by the City of Kodiak Public Works Department prior to construction to ensure maintenance access to the water and sewer lines located in the Tagura Road right-of-way," 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 Commissioners concerning the enforceability of condition number 5. The question was called and the motion CARRIED by majority roll call vote. Commissioner Smedley voted "no." CONDITIONS OF APPROVAL 1. Two parking spaces will be provided by construction of a parking deck as shown on the attached site plan. 2. The parking deck will be completely constructed prior to issuance of a certificate of occupancy for the new dwelling unit. 3. The parking deck is constructed at the applicant's sole expense. 4. The applicant assumes any liability associated with said structure on city -owned property. 5. If at a future date, the City of Kodiak determines that the parking deck must be removed from the city -owned property, the applicant or any subsequent owner of Lot 13, Block 34, East Addition agrees to remove same without cost to the City of Kodiak and to secure alternative parking for the single-family residence that is satisfactory to the Planning and Zoning Commission. 6. Since the land is publicly owned, the applicant agrees that no prescriptive right accrues to the user. 7. The construction plans will be approved by the City of Kodiak Public Works Department prior to construction to ensure maintenance access to the water and sewer lines located in the Tagura Road right-of-way. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional physical conditions applicable to this lot are the distance between the front property line and the nearest roadway (Mission Road) and the topography of the lot. The front property line is between 25 feet and 45 feet from the driving surface of Mission Road and there is a large drop-off from the road level to the lot. Substantial fill and construction would be required to provide useable access from the driving surface to the front property line. Other lots in this general area are closer to the nearest driving surface, P & Z MINUTES KIBS226188 5 APRIL 15, 1987 2 thereby reducing the differences in elevation and difficulties in construction of parking decks on these lots. 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 two (2) off-street parking spaces on Lot 13. r— This would be a practical difficulty because of the extent of fill that would be required to obtain physical access to the front property line of Lot 13 from the driving surface of Mission Road. This practical difficulty is created by the exceptional physical condition noted previously. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. r- Granting of the variance should not result in material damage or prejudice to other properties in the area or be detrimental to the public's health, safety or welfare. Location of the parking deck within the Tagura Road right-of-way will not hinder actual or legal access to any nearby lots and due to terrain and the number of structures within the right-of-way, it is unlikely that Tagura Road will ever by constructed in this area. Providing the required parking spaces in the right-of-way instead of on the lot is not prejudicial to other properties in the area because many lots along Mission Road do not provide any off-street parking and many others provide parking via a parking deck in the right-of-way. The parking deck also will enhance traffic safety along Mission Road. 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. Comprehensive plans do not generally address minor development standards such as off-street parking and granting of the variance will not change the permitted uses or density of the area. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by rhP Actions of the applicant have not caused conditions from which relief is being sought by a variance. The subdivision of East Addition, which created the physical difficulty in providing off-street parking, occurred in 1952 and the lot was only purchased by the applicant in 1987. Additionally, the variance will be decided prior to construction of the single-family residence. 6. That the granting of the variance will not permit a prohibited Single-family residences and parking decks are permitted in the Zoning District. C) CASE 87-012. Request for a variance from Section 17.18.050 (Yards) of the Borough Code to permit an eighteen by twenty (18 x 20) foot addition onto the front of the existing single-family residence to encroach eight (8) feet into the required twenty-five (25) foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 8, Block 3, Allman Addition; 1218 Malutin Lane. (Dung Sanders) GORDON GOULD indicated 21 public hearing notices were mailed for this case and none were returned. Photographs of the property, P & Z MINUTES KIBS226189 6 APRIL 15, 1987 0� _ received immediately prior to this meeting, were presented to the Commission. Staff recommended denial of this request. Regular Session Closed. Public Hearing Opened: DUNG SANDERS appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Ms. Sanders. DONNA BENNELL appeared before the Commission to assist Ms. Sanders in presenting her views on this request. A discussion ensued amongst the Commissioners, Ms. Bennell and Ms. Sanders. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners concerning a projection of this size into the required setback in a neighborhood where nine out of ten structures met the required setback. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance from Section 17.18.050 of the Borough Code to permit an 18 by 20 foot addition onto the front of the existing single-family residence to encroach 8 feet into the required 25 foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 8, Block 3, Allman Addition. The motion was seconded and FAILED by unanimous roll call vote. Commissioners Rennell, Knudsen, Smedley, Heinrichs, Hendel, Thompson and Anderson voted "no." !— COMMISSIONER HEINRICHS MOVED TO ADOPT the findings contained in the staff report dated March 26, 1987, as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous voice vote. FINDINGS OF FACT 1. Exceptional physical circumstances or conditions the property or intended use of development. wl do not apply to other properties in the same land use district. There do not appear to be any unique physical circumstances or conditions applicable to this lot (e.g., extreme slopes, irregular lot shape, wetlands, etc.) that are not applicable to other properties in the area. Other lots along Malutin Lane have similar topography, lot sizes and placement of structures on the lot. Even though the lot is nonconforming in size (3,158 square feet), there is sufficient space on the lot for at least a 384 square foot (12 x 32 foot) addition in full compliance with all setbacks. This is a larger addition than proposed by the applicant (360 square feet). 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would require the addition to be set back twenty-five feet from the front property line. As identified above, there is ample buildable area on the lot that meets required setbacks and provides for a larger addition than desired by the applicant. Based on this flexibility in location and the lack of unique physical circumstances or conditions applicable to this lot specifically, staff believes that no hardship or practical difficulties are created that would justify granting a variance. KIBS226190 P & Z MINUTES 7 APRIL 15, 1987 r 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, safetv and welfare. Granting of the variance to allow an encroachment into the side yard setback, in absence of unique physical conditions or unnecessary hardship, will set a precedent that will be prejudicial to other properties in the area and will be detrimental to the public's general welfare. 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 public and open space. Comprehensive plans do not generally address minor development standards such as setbacks and granting of the variance will not change the permitted uses or density of the area. Moreover, this comprehensive plan designation is out of date because the area is a long established residential neighborhood and it is extremely unlikely that the City or Borough would seek acquisition of the area for public uses or open space. 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 will cause the conditions from which relief is being sought by a variance. Alternative locations for the single-family residence addition are available to the. applicant. In light of these options, not allowing the new residence to encroach upon the setbacks is merely an inconvenience and/or financial hardship. Title 29, Alaska Statutes, specifies that inconvenience and pecuniary hardship are not valid justifications for granting a variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are permitted uses in this zoning district. D) CASE 87-013. Request for a variance from Section 17.19.040 (Yards) of the Borough Code to permit a six by twelve (6 x 12) foot arctic entry/mud room addition on the front of the existing structure to encroach an additional six (6) feet into the required twenty-five (25) foot front yard setback for a total encroachment of seven and one-half (7.5) feet in a R2--Two-Family Residential Zoning District. Lots 113 and 114, Block 9, Erskine Subdivision; 321 through 323 Carolyn Avenue. (Bealey/Cathey) GORDON GOULD indicated 46 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: COMMISSIONER HEINRICHS requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. NEIL SARGENT appeared before the Commission and expressed opposition to this request due to the traffic problems that already exist on Carolyn Street. A discussion ensued amongst the Commissioners and Mr. Sargent concerning the off-street parking requirements and how the applicants in this case were planning to meet those requirements. P & Z MINUTES KIBS226191 8 APRIL 15, 1987 JOEL BOLGER appeared before the Commission and expressed support for this request stating that his law firm was in the process of buying the two adjoining lots to provide for off-street parking. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from r- Section 17.19.040 of the Borough Code to permit a 6-foot by 12-foot arctic entry/mud room addition onto the front of the existing structure to encroach 6 additional feet into the required 25 foot front yard setback for a total encroachment of 7.5 feet in the R2--Two-Family Residential Zoning District on Lots 113 and 114, Block 9, Erskine Subdivision and to adopt the findings contained in the staff report dated March 26, 1987 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 DroDerty 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, twenty-three and one half (23.5) feet from the Carolyn Street right-of-way. Any addition of an arctic entry will require a variance. The house was built in 1966 and during this time arctic entryways were not typically included on structures nor were buildings sited in such a manner as to allow for their addition without encroaching into required setbacks. 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 difficulty and unnecessary hardship when many other residences in Erskine and surrounding subdivisions have arctic entries. 3. The ¢ranting of the variance will not result in nor trimental to the public's health, safetv and we Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition of this mud room will not block sight distance on Carolyn Street. A substantial number of other residences in the area 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 Central Business District. The addition will not increase the existing density or permitted land uses. 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 arctic entry. KIBS226192 P & Z MINUTES 9 APRIL 15, 1987 r— 6. That the granting of the variance will not permit a prohibited land use in the district involved. Professional offices are a permitted land use in this district. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. E) CASE 87-014. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a second single-family dwelling to be constructed on one lot above a permitted detached accessory building in a R2--Two-Family Residential Zoning District and to clarify the use of the accessory building for a home occupation. Lot 4A-3, Block 1, Shahafka Acres Subdivision; 445 Shahafka Circle. (Ted Rogers) GORDON GOULD indicated 22 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to four conditions. Regular Session Closed. Public Hearing Opened: COMMISSIONER HEINRICHS requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. TED ROGERS appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Rogers concerning the conditions outlined by staff, density issues resulting from having two single-family dwellings on one lot and r— placement of the home occupation on the first floor in the second single-family dwelling. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for an exception from Section 17. of the Borough Code to permit a second single-family dwelling to be constructed on a lot in the R2--Two-Family Residential Zoning District located above a permitted detached accessory building on Lot 4A-3, Block 1, Shahafka Acres Subdivision, subject to the conditions of approval outlined in the staff report dated April 6, 1987, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. COMMISSIONER ANDERSON ALSO MOVED TO CLARIFY that the use of the structure containing the second separate dwelling unit on this lot for a home occupation for the residents of the main dwelling is in keeping with the definition, spirit and intent of the home occupation regulations. The motion was seconded. A further discussion ensued amongst the Commissioners concerning density issues resulting from having two single-family dwellings on one lot and the setting of precedent. The question was called and the motion CARRIED by majority roll call vote. Commissioner Knudsen voted "no." CONDITIONS OF APPROVAL 1. Lot 4A-3, Block 1, Shahafka Acres Subdivision shall not be subdivided in the future. 2. The structure containing the home occupation and the second single-family dwelling shall meet the required setbacks for a main dwelling. 3. Neither of the two single-family residences can be converted to a two-family dwelling unit in the future unless the zoning of the lot permits multifamily dwelling units. P & Z MINUTES Yags226193 10 APRIL 15, 1987 4. The "accessory building portion" of the new structure may be used for a home occupation by the residents of only one of the single-family residences. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger r-- 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 proposed use does not appear to endanger the public's health, safety or general welfare because the second dwelling unit will not increase the permitted density of the lot provided neither dwelling unit is converted to a duplex in the future. The R2--Two-Family Residential Zoning District does permit two-family dwellings (duplexes) and the potential use characteristics (e.g., parking, number of residents, utility demands, etc.) of two separate detached single-family residences are not substantially different from those of a two-family dwelling unit. B. The proposed use will be consistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.19, the R2--Two-Family Residential Zoning District, because it will not generate other than normal vehicular traffic on nearby streets, and will not create requirements or costs for public services that cannot be systematically and adequately provided. C. The proposed use should not adversely impact other properties in the neighborhood because the structure containing the second dwelling unit must meet all UBC requirements for a dwelling unit, the structure will meet the same setbacks required for a main dwelling. The potential use characteristics will not be substantially different from those of a duplex. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. F) CASE 87-015. Request for a variance from Section 17.54.010(C) (Height -Extension onto Public Property) of the Borough Code to permit a fence that complies with all other code provisions to project into the Simeonoff Street right-of-way in a R1--Single-Family Residential Zoning District. Lot 3, Block 57, East Addition; 1815 Simeonoff Street. (Al Boudreau) GORDON GOULD indicated 29 public hearing notices were mailed for this case and 1 was returned, expressing non -objection to this request. Staff recommended approval of this request, subject to five conditions. Regular Session Closed. Public Hearing Opened: AL BOUDREAU appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Boudreau concerning the conditions of approval. Public Hearing Closed. KIBS226194 Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance from Section 17.54.010 (C) of the Borough Code to permit a fence to P & Z MINUTES 11 APRIL 15, 1987 r-- project into the Simeonoff Street right-of-way in a R1--Single-Family Residential Zoning District on Lot 3, Block 57, East Addition, subject to the conditions of approval outlined in the staff report dated March 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 3, Block 57, East Addition, agrees to remove same without cost to the City. 4. Since the land is publicly owned, no prescriptive right accrues to the user. 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 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 The exceptional condition applicable to the intended use of r 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 zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow the fence to be placed on the property line. This is an unnecessary hardship when many other fences in the community have encroached on 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. 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, safetv and welfare. r 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 visibility problem along Simeonoff Street. 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 objectives of the Comprehensive Plan. Granting of this variance will not be contrary to the objectives of the Comprehensive Plan. The Comprehensive Plan P & Z MINUTES KIBs226195 12 APRIL 15, 1987 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 applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. r 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 prohibited Fences are permitted in all land use districts. G) CASE 87-016. Request for a conditional use permit in accordance with Section 17.17.030 (Conditional Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a RR1--Rural Residential One Zoning District on Lot 3, Block 1, Woodland Acres Subdivision, or on Lot 18, Woodland Acres Subdivision First Addition or Lot 19, Woodland Acres Subdivision First Addition; 3694, 3746 or 3788 Rezanof Drive East. (Denton/Nachtweih) GORDON GOULD indicated 55 public hearing notices were mailed for this case and 3 were returned, expressing non -objection to this request. Staff recommended approval of this request, subject to seven conditions. Regular Session Closed. Public Hearing Opened: GUY DENTON appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners and Mr. Denton concerning the reason for not specifying a particular lot. Mr. Denton explained that the reason for not specifying a particular lot was that construction was being done in this area and that he wanted to be able to locate the fireworks stand as far away as possible from the equipment. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.17.030 of the Borough Code to permit a temporary fireworks sales stand to locate in a RR1--Rural Residential One Zoning District on only one of the following properties: Lot 3, Block 1, Woodland Acres Subdivision, Lot 18, Woodland Acres First Addition, or Lot 19, Woodland Acres Subdivision First Addition, subject to the conditions of approval outlined in the staff report dated March 31, 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 majority roll call vote. Commissioner Rennell voted "no." CONDITIONS OF APPROVAL: 1. Fireworks sales shall only occur on one of the three lots and the applicant shall notify the Community Development Department of the sales location prior to commencement of sales. 2. The sale of fireworks shall be discontinued at this location by July 5, 1987. 3. The use and structure shall be removed from the lot by Monday, July 6, 1987. KIBS226196 P & Z MINUTES 13 APRIL 15, 1987 r^ 4. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 5. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 6. Agree to provide a trash receptacle on the premises for the use of patrons. 7. The conditional use permit shall be valid only until July 6, 1987. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. The proposed use will preserve the value, spirit, character and integrity of the surrounding area because the lots are physically separated from other property by road rights -of -way, distance and wooded areas. Two of the four surrounding lots are vacant. Further, adequate off-street parking is available and previous fireworks sales at this location have not generated any complaints from surrounding property owners that we are aware of. 2. That the conditional use fulfills all other requirements of this chanter oertainine to the conditional use in auestion. 3. The proposed fireworks stand will fulfill all other requirements of the RR1--Rural Residential One Zoning District such as setbacks and the applicant will obtain a permit to sell fireworks from the office of the State Fire Marshall. to 1 use permit will not be harmful convenience and comfort. It appears that the proposed use will not endanger the public's health, safety, convenience or comfort. Fireworks sales have previously occurred in this area and departmental files do not indicate that these sales have posed any danger to the public health, safety or welfare. Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: A. The sale of fireworks shall be discontinued at this location by July 5, 1987. B. The use and structure shall be removed from the lot by Monday, July 6, 1987. C. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." D. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet' signs on the ---- ' --- E. Agree to provide a trash receptacle on the premises for the use of patrons. F. The exception shall be valid only until July 6, 1987. 4. That sufficient setbacks, lot area, buffers or other safegua subsect or rnis s Because the location of the fireworks stand is adequately separated from nearby property and two of the four surrounding lots are vacant provision of additional buffers or other safeguards are not necessary in this instance. The sale of fireworks is also a temporary use with no lasting impacts that would require additional safeguards. H) CASE 87-017. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to permit an existing nonconforming land use (a pet shop and feed store) to be P & Z MINUTES KIBS226197 14 APRIL 15, 1987 expanded to include the boarding of animals (a kennel) in a R3--Multifamily Residential Zoning District. Lots 2 and 3, Block 1, Killarney Hills Subdivision; 119 through 121 Murphy Way. (Erin Gerrin) GORDON GOULD indicated 27 public hearing notices were mailed for this case and 6 were returned, opposing this request. Staff recommended approval of this request, subject to five conditions. Regular Session Closed. Public Hearing Opened: CHARLIE MAGNUSEN appeared before the Commission and expressed opposition to this request due to the noise and odor that could be generated by such a facility. ERIN GERRIN appeared before the Commission, explained the request in detail and expressed support for this request. A discussion ensued amongst the Commissioners and Ms. Gerrin regarding the abatement of possible noise disturbances. PETE PROBASCO appeared before the Commission and expressed opposition to this request. A discussion ensued amongst the Commissioners and Mr. Probasco concerning the possible impacts of the kennel upon the residential neighborhood. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance from r-- Section 17.36.060(A) of the Borough Code to g permit an existing nonconforming land use (a pet shop and a feed store) to be expanded to include the boarding of animals (a kennel) in a R3--Multifamily Residential Zoning District on Lots 2 and 3, Block 1, Killarney Hills Subdivision, subject to the conditions outlined in the staff report dated April 6, 1987, 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 Commissioners concerning the history of the Pet Palace. The Commissioners requested staff to locate the previous case file that was before the Commission. CHAIRMAN RENNELL recessed the meeting for ten minutes. CHAIRMAN RENNELL reconvened the meeting at 9:10 p.m. GORDON GOULD quoted the minutes of the January 18, 1984 Planning and Zoning Commission: "Mrs. Crowe moved to interpret Mr. Curley's sale of additional pets and pet supplies as a home occupation. Mr. Patterson seconded the motion. The motion failed by unanimous voice vote. Mrs. Crowe further moved to interpret that Mr. Curley's expanded portion of his nonconforming use was allowed within Title 17.36.060. Mr. James seconded the motion and the question was called. The motion carried unanimously with Mr. Hill voting 'no."' A discussion ensued amongst the Commissioners and Community Development Department staff concerning the intent of the Borough Code regarding nonconforming uses of land. The question was called and the motion FAILED by majority roll call vote. Commissioners Thompson, Knudsen, Heinrichs and Rennell voted "no." The Commission deferred the "Findings of Fact" until the end of the meeting. KIBS226198 P & Z MINUTES 15 APRIL 15, 1987 I) CASE 87-018. Request for a variance from Section 17.20.040 (Yards) of the Borough Code to permit a five by sixteen (5 x 16) foot arctic entry/mud room addition onto the front of the existing single-family residence to encroach five (5) feet into the required twenty-five (25) foot front yard setback in a R3--Multifamily Residential Zoning District. Lot 13A, Block 6, Leite Addition; 1513 Kouskov Street. (Eugene Mueller) r-- GORDON GOULD indicated 55 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: EUGENE MUELLER appeared before the Commission and expressed support for this request. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance from Section 17.20.040 of the Borough Code to permit a 5 foot by 16 foot arctic entry/mud room addition onto the front of the existing single-family residence to encroach 5 feet into the required 25 foot front yard setback in the R3--Multi-Family Residential Zoning District on Lot 13A, Block 6, Leite Addition Subdivision and to adopt the findings contained in the staff report dated March 26, 1987 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1 2. 3. 4 ional phvsical circumstances or conditions the DroDerty or icable to do not apply to other properties in the same land use diarricr_ In this case, the exceptional physical condition is the placement of the existing structure on the lot, twenty-five and one-half (25.5) feet from the Kouskov Street right-of-way. Any addition of an arctic entry will require a variance. This physical condition results from the designation of Kouskov Street as the front yard for this lot by the Planning and Zoning Commission in 1982. The addition would comply with the side yard setback if this designation had not been made. 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 difficulty and unnecessary hardship when many other residences in Leite Addition and other subdivisions have arctic entries. The granting of the variance will not result in material damages or prejudice to other properties in the vicinitv nor to the public's health Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition of this mud room will not block sight distance or intersection visibility on Delarof and Kouskov Streets. A number of other residences in Leite Addition have arctic entries and the Commission has granted variances in the past for arctic entry additions. 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 P & Z MINUTES KIBS226199 16 APRIL 15, 1987 r— area for high -density residential development. The addition will not increase the existing density or alter the permitted uses. 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 arctic entry. Additionally, designation of Kouskov Street as the front yard was an action of the Planning and Zoning Commission in 1982. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting this variance will not change the existing land use on the lot. Single -Family Residential land uses are permitted in this district. J) CASE 87-019. Request for review by the Planning and Zoning Commission of a disposal by sale of up to forty (40) acres of Borough -owned land for less than fair market value in accordance with Section 18.2O.1OO(B) (Disposal for Fair Market Value) of the Borough Code to the Alaska Power Authority. This property is presently leased from the Borough and is the site of the Terror Lake Powerhouse and other support structures. Located in Sections 1 and 12, Township 29 South, Range 23 West, Seward Meridian at the head of Kizhuyak Bay. (Kodiak Island Borough/Alaska Power Authority) GORDON GOULD indicated 6 public hearing notices were mailed for this case and none were returned. The Resource Management Officer recommended approval of this request. BUD CASSIDY, Resource Management Officer, reviewed the memorandum dated April 15, 1987, distributed as part of the "additional handouts" preceding this meeting, with the Commission. Mr. Cassidy noted that Wayne Haerer, Borough Assessor, Larry Wolf and Richard Acuff from the Alaska Power Authority (APA) were in attendance at this meeting to answer any questions the Commission might have. A discussion ensued amongst the Commissioners and Mr. Cassidy regarding this request. WAYNE HAERER, Assessor, reviewed the method of valuation with the Commission. A discussion ensued amongst the Commissioners and Mr. Haerer. LARRY WOLF, Alaska Power Authority, appeared before the Commission and explained that APA had already obtained rights -of -way and easements for all the major structures associated with the project. For management purposes, APA is requesting title to the lands under these improvements and is in the process of obtaining as -built surveys. Mr. Wolf indicated that APA would perform a boundary survey of the Borough lands in the Kizhuyak Valley, but if the cost of the boundary survey was greater than the value of the land, only a portion of the boundary survey would be completed. If this was found unacceptable by the Borough, then APA could live with a lease. Mr. Wolf further stated that the Alaska Department of Natural Resources recommended that APA purchase/obtain the tail race, etc., but that APA did not think it was necessary. It was noted that APA and the Alaska Department of Fish and Game continue to have ongoing research projects in this area for enhancement of silver salmon fishing. KIBS226200 P & Z MINUTES 17 APRIL 15, 1987 Mr. Wolf also noted that APA would prefer that the Planning and Zoning Commission resolution state that "survey costs not to exceed the original assessed value," that APA would prefer that the process is complete and the money encumbered prior to the end of June 1987. Mr. Wolf also indicated that the State and Borough boundary line goes "straight through the powerhouse," creating a split ownership r- between the Borough and the State. Regular Session Closed. Public Hearing Opened: LARRY WOLF appeared before the Commission and expressed support for a rewording of the resolution regarding this request. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners. COMMISSIONER ANDERSON MOVED TO ADOPT Resolution 87-01-R, recommending that the Borough Assembly dispose of approximately thirty (30) acres of Borough -owned land to the State of Alaska, Alaska Power Authority, in exchange for an exterior boundary survey of Borough -owned land in the Kizhuyak River Valley. The motion was seconded and CARRIED by majority roll call vote. Commissioners Thompson and Heinrichs voted "no." KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RESOLUTION 87-01-R r- A RESOLUTION OF THE KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL OF THE DISPOSAL OF CERTAIN BOROUGH LANDS TO THE STATE OF ALASKA, ALASKA POWER AUTHORITY. WHEREAS, Title 18 of the Borough Code requires that the disposal of Borough real property be reviewed by the Planning and Zoning Commission; and WHEREAS, Title 18 of the Borough Code requires the Planning and Zoning Commission, by resolution, shall make a recommendation to the Assembly regarding any proposed land disposal; and WHEREAS, the State of Alaska, Alaska Power Authority, has requested the purchase of Borough -owned property where improvements of the Terror Lake Hydroelectric Project are sited; and WHEREAS, the Alaska Power Authority has agreed to survey the exterior boundaries of Borough land in the Kizhuyak Valley in exchange for Borough property; and WHEREAS, an exterior boundary survey is necessary prior to the patent of land from the State of Alaska to the Kodiak Island Borough. NOW, THEREFORE, BE IT RESOLVED that the Kodiak Island Borough Planning and Zoning Commission recommends disposal of approximately thirty (30) acres of Borough land to the Alaska Power Authority. r— BE IT FURTHER RESOLVED that an exterior boundary survey be performed by the Alaska Power Authority in exchange for Borough property. K) CASE 5-87-009. Creating Lots 1 through 5, Lakeside Subdivision Second Addition from Portions of Lots 1 and 2, U.S. Survey 3467 and a Portion of U.S. Survey 3469. (Kodiak Island Borough) This subdivision is the culmination of Kodiak Island Borough Assembly Resolution 86-69-R. DAVE CROWE indicated 35 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request, subject to eight conditions. KIBS226201 P & Z MINUTES 18 APRIL 15, 1987 Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval of the subdivision of Portions of Lots 1 and 2, U.S. Survey 3467 and a Portion of U.S. Survey 3469 creating Lots 1 through 5, Lakeside Subdivision Second Addition subject to the conditions outlined in the memorandum from the Borough Engineer dated April 6, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Change the title block to: Lakeside Subdivision Second Addition. 2. Show the Basis of Bearing on the final plat. 3. Provide a 15 foot wide electrical easement along the southerly side of "Selief Lane" extended. 4. Provide guy anchor easements as necessary for existing KEA facilities. 5. A note be placed on the final plat stating: "Natural streams and drainage courses shall not be blocked or impeded." 6. Smokey's Road is renamed "Selief Lane." 7. A note be placed on the final plat stating: "No structural development shall be allowed within the greenbelt and natural vegetation shall not be removed or disturbed. 8. The design of Lots 1 and 2 shall be reconfigured into a rectangular shape. L) CASE 5-87-010. Creating Tracts K and L, U.S. Survey 1396 from an Unsubdivided Portion of U.S. Survey 1396 including Lilly Lake. (Lenhart J. Grothe) This subdivision is the culmination of Kodiak Island Borough Assembly Resolution 86-69-R. DAVE CROWE indicated 90 public hearing notices were mailed for this case and 1 was returned that he would read into the record during the public hearing. Staff recommended approval of this request, subject to five conditions. Regular Session Closed. Public Hearing Opened: DAVE CROWE read a public hearing notice response from Roy L. and Marie E. Jones stating that they would like to see Lilly Lake remain as it is and that if this land swap would further that purpose it is agreeable to them. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT preliminary approval to the subdivision of Unsubdivided Portion of U.S. Survey 1396 including Lilly Lake creating Tracts K and L, U.S. Survey 1396 subject to the conditions outlined in the memorandum from the Borough Engineer dated April 6, 1987. COMMISSIONER ANDERSON ALSO MOVED TO investigate the rezoning of Lots 1 through 18, Block 1, Lakeview Subdivision from R2--Two-Family Residential to PL--Public Use Lands and proposed Tracts "K" and "L" from C--Conservation to PL--Public Use Lands in accordance with Chapter 17.72 of the Borough Code. The motion was seconded and CARRIED by unanimous roll call vote. P & Z MINUTES KIBS226202 19 APRIL 15, 1987 CONDITIONS OF APPROVAL: 1. A final plat for the vacation and replat of the ten (10) unsubdivided portions of U.S. Survey 1396 adjoining Russell Estates and Airpark Subdivisions shall be filed prior to the filing of the final plat for this subdivision. 2. A final plat for the vacation and replat of the unsubdivided r"' portion of U.S. Survey 1396 adjoining Lot 1A and 2A, Block 1, Allman Addition shall be filed prior to the filing of the final plat for this subdivision. 3. The subdivision is expanded to include the vacation of Lots 1 through 18, Block 1, Lakeview Subdivision. 4. A note be placed on the final plat stating: "Development and use of Tracts 'K' and 'L' may be impacted by City of Kodiak Municipal Airport Regulations and proposed Kodiak Island Borough regulations for the Municipal Airport and Lilly Lake." 5. Show all easements which may have been granted by metes and bounds descriptions. A discussion ensued amongst the Commissioners and C. Walter Ebell concerning the inclusion of the lots that will be adjoining Lots 1 and 2, Allman Addition being rezoned to B--Business in the rezoning investigation. COMMISSIONER KNUDSEN MOVED TO INVESTIGATE the rezoning of an Unsubdivided Portion of U.S. Survey 1396 that will be adjoining Lots 1 and 2, Allman Addition to B--Business. The motion was seconded and CARRIED by unanimous roll call vote. r" VII. OLD BUSINESS r--- There was no old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A through J under Communications. The motion was seconded and CARRIED by unanimous voice vote. A) Letter to City Manager from Robert H. Pederson dated March 26, 1987, re: variances for projections into City of Kodiak rights -of -way. B) Memorandum from Mary Lou Knudsen to members of the Kodiak City Council dated March 25, 1987. C) Letter to Neil Shuckerow, General Manager, International Seafoods of Alaska, Inc., from Robert H. Pederson, dated March 27, 1987, re: Lot 15, Block 2, Lakeside Subdivision - Request for Information. D) Letter to ADEC from Robert H. Pederson, dated April 7, 1987, re: Chiniak Tracking Station Solid Waste Permit Application No. 8721-BAO03. E) Letter to Melvin M. Stephens from Robert H. Pederson, dated April 7, 1987, re: Case S-87-001 Subdivision of Lot 1-A, Block 1, Woodland Acres Subdivision F) G) Letter from Joel H. Bolger, dated March 19, 1987, re: Mark White v. Kodiak Island Borough, and Final Decision on Appeal. Letter to C. Walter Ebell from David C. Crowe, dated April 9, 1987, re: U.S. Survey 1396 Unplatted Parcels. P & Z MINUTES 20 KIBS226203 APRIL 15, 1987 H) Letter from Neil Shuckerow, Vice President/General Manager, International Seafoods of Alaska, Inc., dated April 13, 1987, to Robert H. Pederson, re: Lot 15, Block 2, Lakeside Subdivision. I) Copy of a postcard from Gordon Lewis to Linda Freed, postmarked April 6, 1987. J) Copy of the third draft of the Chiniak Comprehensive Plan dated i- April 1987. There were no other communications. X. REPORTS COMMISSIONER ANDERSON MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT FOR CASE 87-017: 1. Exceptional physical circumstances or conditions applicable to the property or intended use of development, which generally do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of development is the fact that business activities involving animals have occurred at this location for at least eight (8) years and several of the structures on the property (e.g., the barn, feed storage) are designed principally for use by animals or to support activities involving animals. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the Zoning Ordinance would not allow any expansion of the existing business use. This is an unnecessary r— hardship because the natural growth and expansion of a valid nonconforming business activity is totally curtailed. It is also a practical difficulty because the kenneling of animals can, in some cases, be construed to be a natural outgrowth and expansion of a pet and feed store. This is particularly relevant in this case because the use has grown over time from the sale of livestock and birds to include feed, supplies, fish, pet supplies, and other animals and animal accessories. /— 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. safetv and welfare. Granting of the variance would result in material damage or prejudice to other properties in the area and be detrimental to the public's health, safety and welfare. Although the kenneling activity will utilize an existing structure and fenced area that is separated visually and physically from any nearby residences, this separation may not be sufficient to address any potential noise or odor concerns that are associated with kennels. 4. The granting of the variance will not be contrary to the object of the e;— D1-- Granting of the variance will not be contrary to the objectives of the Comprehensive Plan which identifies this area as Shopping Center. The proposed use - a business activity - is consistent with this comprehensive plan designation. 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 business was established on the property prior to 1980 and is therefore a valid nonconforming use. The applicant only purchased P & Z MINUTES 21 KIBS226204 APRIL 15, 1987 the lots in 1986 and the variance will be decided prior to the establishment of the kenneling activity. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Businesses are not a permitted land use in the R3--Multifamily Residential Zoning District. Strict application of this section of ►-' the zoning ordinance would not justify a variance for expansion of the existing business. Moreover, Title 29, Alaska Statutes, also specifies that variances shall not be granted for a land use that is prohibited in the zoning district. Therefore, based on a literal interpretation of this condition, the variance request should properly be denied. r-- It is the intent of the zoning ordinance that nonconforming land uses are not permitted to expand. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER 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. XI. AUDIENCE COMMENTS AL BOUDREAU appeared before the Commission and expressed a desire to keep the lands surrounding the Terror Lake hydroelectric project in local control by either keeping the land under Borough management or by transferring the land to KEA. There were no further audience comments. XII. COMMISSIONERS' COMMENTS COMMISSIONER THOMPSON noted that he had received a letter from William H. Bulen, dated April 6, 1987, urging the Planning and Zoning Commission to change the zoning on all of Mill Bay Road (not Upper Mill Bay Road) to a classification more compatible to its usage (i.e., commercial or business). A discussion ensued amongst the Commissioners and Community Development Department staff. The Commission requested that more information on this subject be presented by staff at a future worksession. A discussion ensued amongst the Commissioners as a result of Case 87-019 (Kodiak Island Borough/Alaska Power Authority). The Commission expressed the need to review land issues without the time pressures of making a decision within one week. Chairman Rennell indicated that he would discuss this matter with the Resource Management Officer and request that land disposal issues first be presented at a worksession (prior to packet review) so that the Commission is able to review these land matters in a more thorough manner. Chairman Rennell also indicated that he would talk with the Borough Mayor in order to arrange a joint r worksession with the Assembly to discuss Title 18 requirements for Planning and Zoning Commission review of land matters. CHAIRMAN RENNELL noted that there would not be a worksession on April 22, 1987, but that the worksession would be held April 23, 1987 at the Chiniak Library. Commissioners wishing to participate in a car-pool P & Z MINUTES 22 APRIL 15, 1987 /"— were asked to meet in the Borough parking lot (the doors to KMXT and LIO) at 5:45 p.m. April 23rd. COMMISSIONERS ANDERSON, HENDEL AND THOMPSON were reminded to make airline reservations to Anchorage for the Tough Times Conference (May 7 and 8, 1987). XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 11:10 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION 7 By: JI. Steve Renn , Chairman ATTEST By: 1 Sri Patricia Mile}, Secretary Community Deve opment Department DATE APPROVED: /hc q ap, / 9's;r A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226206 P & Z MINUTES 23 APRIL 15, 1987