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1987-05-20 Regular MeetingKODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 20, 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 April 15, 1987 V APPEARANCE REQUESTS AND AUDIENCE COMMENTS A) Request for Commission interpretation of a boarding kennel for dogs as a home occupation. Lot 2E, Block 5, Bells Flats Alaska Subdivision; 10843 Chiniak Drive. (John and Shari Doyle) VI PUBLIC HEARINGS A) CASE 87-020. Public Hearing on the final draft of a comprehensive land use plan for the Chiniak community. (Chiniak Community Forum/Kodiak Island Borough) B) CASE 87-021. Request for a conditional use permit in accordance with Section 17.10.030 (Conditional Uses) of the Borough Code to permit a communication facility to locate in the Watershed Zoning District on a Portion of the N 1/2 SE 1/4 SE 1/4, Section 36, Township 27 South, Range 20 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility will consist of an eight by forty (8 x 40) foot structure (containing radio transceivers and equipment storage) and several antenna support structures on a 10,000 square foot area approximately 487 feet from the White Alice Site on Pillar Mountain. (Radar Alaska, Inc./City of Kodiak) C) CASE 87-022. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit an existing communication facility (radio transmitter) to locate in the C--Conservation Zoning District on a Portion of the W 1/2 SW 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility consists of an eight by thirty-four (8 x 34) foot structure and four (4) antenna support structures on a 10,010 square foot area approximately 1,055 feet from the White Alice Site on Pillar Mountain. (Aksala Electronics, Inc./City of Kodiak) D) CASE 87-032. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit a communication facility (radio transmitter) to locate in the C--Conservation Zoning District within a Portion of the E 1/2 NE 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility will consist of an eight by forty (8 x 40) foot structure and two (2) antenna support structures on a 24,975 square foot area approximately 2,850 feet from the White Alice Site on Pillar Mountain. (Tony Smaker/City of Kodiak) E) CASE 87-023. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a 12,384 square foot addition to East Elementary School to locate in a RR1--Rural Residential One Zoning District. Lot 6, U.S. Survey 3511; 217 Benny Benson Drive; and a Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit the addition to East Elementary School to encroach sixteen and a half (16.5) feet into the required sixteen and a half (16.5) foot side yard setback and forty (40) feet into the P & Z Regular Meeting Agenda - 1 - KIBS226207 May 20, 1987 r-- required forty (40) foot rear yard setback in a RR1--Rural Residential One Zoning District. (The lots adjacent to the requested setback variances are part of the East Elementary School property.) Lot 6, U.S. Survey 3511; 217 Benny Benson Drive; and a Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the existing school and addition to provide only thirty-nine (39) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces. Lots 6 through 12, U.S. Survey 3511; 217 Benny Benson Drive. (Kodiak Island Borough) F) CASE 87-024. Request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code to permit a 48 bed correctional facility (an addition onto the rear of the existing City Police Department and Fire Station Building) to locate in a PL--Public Use Lands Zoning District on Lots 121 through 124, Block 10, Erskine Subdivision; 215 Lower Mill Bay Road. (City of Kodiak) G) CASE 87-025. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a R2--Two-Family Residential Zoning District. Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive East. (Les Seaton/Mike Anderson) H) CASE 87-026. Request for a variance from Section 17.18.050(A)(1) (Yards) of the Borough Code to permit a six and a half by thirty-seven and a half (6.5 x 37.5) foot arctic entry and living space addition on to the front of the existing single-family residence to encroach three (3) feet into the required twenty-five (25) foot front yard setback in a RL--Single-Family Residential Zoning District. Lot 3, Block 44, East Addition; 1323 Ismailov. (Bill and Madelyn Poland) I) CASE 87-027. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to allow a permitted duplex to increase the size of the structure with an approximately ten by twenty-eight (10 x 28) foot addition in a B--Business Zoning District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) S) CASE 87-028. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the storage and wholesale and retail sales of chemicals (including chlorine) and compressed gas in a B--Business Zoning District. Lot 24, Block 1, Russian Creek Alaska Subdivision; 11590 Rezanof Drive West. (Woodruff & Associates/Altex Distributing Company) K) CASE 87-029. Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit more than one sign per business enterprise in a B--Business Zoning District (two total signs for Kodiak Camp Supply). Lots 24 and 25, Block 2, Allman Addition; 1314-1316 Mill Bay Road. (Island Plumbing/Kodiak Camp Supply) L) CASE 87-030. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to bring an existing nonconforming land use (commonly known as the Kodiak Baptist Mission) into conformance with the Borough Code and to allow for its future expansion. The existing use is a residential child care facility and ancillary uses consist of a thrift store, offices, staff housing, recreation areas and agricultural activities. The exception will allow the future expansion of these facilities and activities in general and the reconstruction of the thrift store specifically. Additional uses contemplated for the future include an alternative school, additional recreational facilities, and more office space. Lot 4, Block 1, Hospital Subdivision and Portions of U.S. Surveys 1822, 2843, and Block 3, 3066AB; 1944 Rezanof Drive East. (Womens American Baptist Mission) M) CASE 87-031. Request for a Special Land Use Permit in accordance with Section 18.50.030 of the Borough Code to allow a year to year permit for one (1) cabin and four (4) accessory buildings on Borough owned P & Z Regular Meeting Agenda - 2 - KIBS22620g May 20, 1987 r r land. Located in Section 8, Township 26 South, Range 24 West, Seward Meridian in Viekoda Bay. (Gary Reed) N) CASE 87-033. Request to initiate the rezoning of Lots 1 through 18, Block 1, Lakeview Subdivision from R2--Two-Family Residential to PL--Public Use Lands, and an Unsubdivided Portion of U.S. Survey 1396 that will adjoin Lots 1A and 2A, Allman Addition from C--Conservation to B--Business, and an Unsubdivided Portion of U.S. Survey 1396 (proposed Tracts K and L, USS 1396, preliminary plat dated February 18, 1987, Case S-87-010) from C--Conservation to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The area encompassed in this rezone includes Lilly Lake, the land at the south end of Lilly Lake and subdivided vacant lots along the lakeside of Larch Street. (Kodiak Island Borough Planning and Zoning Commission) 0) CASE S-87-014. Vacation of Block 11 and Lot 5, Block 12 and the Portion of "F" Street between Block 11 and Block 12, Larsen Bay Townsite, U.S. Survey 4872; and replat to Lots 1 and 2, Block 11 and Lot 5A, Block 12, Larsen Bay Townsite. (Kodiak Island Borough) VII OLD BUSINESS A) CASE 84-076. Request to rezone a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C--Conservation to I --Industrial and B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Kodiak Island Borough Planning and Zoning Commission) B) 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. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Referred back to the Planning and Zoning Commission at the Assembly's May 7, 1987 Regular Meeting. VIII NEW BUSINESS IX COMMUNICATIONS A) Administrative Decision, re: "For Sale" signs in Business and Industrial Zoning Districts, dated April 24, 1987. B) Letter dated May 5, 1987 to Kay M. Cox from Linda Freed, re: Utility Easement behind Lot 11, Block 3, Russell Estates Second Addition. X REPORTS A) Community Development Department Monthly Status Report - April 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 11 Minutes for this meeting are available upon request, call the Community Development Department at 486-5736, extension 256. KIBS226209 P & Z Regular Meeting Agenda - 3 - May 20, 1987 ITEM III KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 20, 1987 7:30 p.m. ADDITIONAL AGENDA ITEMS !— V APPEARANCE REQUESTS AND AUDIENCE COMMENTS B) Request for Commission review and approval of screening for a business use adjacent to a residential district in accordance with Section 17.21.050(C) (Performance Standards) of the Borough Code. Lot 1A, Block 1, Allman Addition; 1213-1217 Mill Bay Road. (Salvation Army/Alan Beardsly) IX COMMUNICATIONS C) Memo dated May 12, 1987 to the Planning and Zoning Commission from the Community Development Department, re: Information about changing the zoning classification of the lots along Mill Bay Road from residential to B--Business. D) Memos dated May 11, 1987 to the General Public from the Alaska Department of Fish & Game, re: Stream Crossing, Permits (for the following streams): 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Devils Creek Tributary American River Old River west side tributaries Kalsin Creek Sacramento River Rough Creek Saltery Creek Hurst Creek Gracy Creek Portage Creek Joe Creek Pasagshak Creek and East Burton Ranch Streams Fork Pasagshak Creek KIBS226210 Additional Agenda Items - 1 - May 20, 1987 F KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION REGULAR MEETING - MAY 20, 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 May 20, 1987 in the Borough Assembly Chambers. II. ROLL CALL Commissioners Present: Steve Rennell, Chairman Mike Anderson Robin Heinrichs Tom Handel 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 Bill Reith, Facilities Department Others Absent: Dave Crowe, Borough Engineer Staff reported the following additions to the agenda: V APPEARANCE REQUESTS AND AUDIENCE COMMENTS B) Request for Commission review and approval of screening for a business use adjacent to a residential district in accordance with Section 17.21.050(C) (Performance Standards) of the Borough Code. Lot 1A, Block 1, Allman Addition; 1213-1217 Mill Bay Road. (Salvation Army/Alan Beardsly) IX COMMUNICATIONS C) Memo dated May 12, 1987 to the Planning and Zoning Commission from the Community Development Department, re: Information about changing the zoning classification of the lots along Mill Bay Road from residential to B--Business. D) Memos dated May 11, 1987 to the General Public from the Alaska Department of Fish & Game, re: Stream Crossing, Permits (for the following streams): 1. Devils Creek Tributary 2. American River 3. Old River west side tributaries 4. Kalsin Creek 5. Sacramento River 6. Rough Creek 7. Saltery Creek 8. Hurst Creek 9. Gracy Creek 10. Portage Creek 11. Joe Creek 12. Pasagshak Creek and East Fork Pasagshak Creek 13. Burton Ranch Streams COMMISSIONER HEINRICHS MOVED TO ACCEPT the agenda as amended. The motion was seconded and CARRIED by unanimous voice vote. KIBS226211 li11 ' 404kltbl*l 1 MAY 20, 1987 IV. MINUTES OF PREVIOUS MEETING COMMISSIONER ANDERSON MOVED TO ACCEPT the minutes of the April 15, 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 A) Request for Commission interpretation of a boarding kennel for dogs as a home occupation. Lot 2E, Block 5, Bells Flats Alaska Subdivision; 10843 Chiniak Drive. (John and Shari Doyle) BOB PEDERSON noted there were no further comments from staff. A discussion ensued amongst the Commissioners concerning this particular request to operate a kennel as a home occupation, noting that the kennel had been operating for several years in this rural area and that no complaints had been promulgated as a result of its operation. The discussion continued with comments concerning whether or not kennels ought to be allowed under the home occupation ordinance. COMMISSIONER HEINRICHS MOVED TO agree that a boarding kennel for twelve (12) dogs using an accessory building and outdoor runs for the facility is a home occupation on Lot 2E, Block 5, Bells Flats Alaska Subdivision. The motion was seconded. A discussion ensued amongst the Commissioners and Community Development Department staff regarding "administrative interpretation" of kennels as a home occupation if this motion was acted on favorably. Staff noted that staff would interpret such an action as favorable to kennels as home occupations, provided all performance standards were met. The question was called and the motion CARRIED by majority roll call vote. Commissioner Knudsen voted "no." The Commission deferred "Findings of Fact" to the end of the agenda. B) Request for Commission review and approval of screening for a business use adjacent to a residential district in accordance with Section 17.21.050(C) (Performance Standards) of the Borough Code. Lot LA, Block 1, Allman Addition; 1213-1217 Mill Bay Road. (Salvation Army/Alan Beardsly) BOB PEDERSON noted the staff's memo dated May 13, 1987, was included as a part of the packet materials. COMMISSIONER ANDERSON MOVED TO determine that screening is not required between Lot 1A, Block 1, Allman Addition and the adjacent residential zoned lot based on the following findings: FINDINGS OF FACT 1. The proposed building is small and due to its proposed use it will not substantially increase use at the proposed location. 2. Although the adjacent lot is zoned for residential purposes, the proposed building will actually be located adjacent to a parking lot, not a residential use. The motion was seconded and CARRIED by unanimous roll call vote. AUDIENCE COMMENTS LT. REX TAKAHASHI, USCG Planning Officer, appeared before the Commission to express the Coast Guard's concerns regarding Old Business Item (A). The USCG requested that the rezone of the State Airport "die on the table" and not be resurrected for a couple of years. A discussion ensued amongst the Commissioners and Lt. Takahashi regarding on the ongoing negotiations with the State of Alaska P & Z MINUTES 2 KIBS226212 MAY 20, 1987 concerning the State Airport. Lt. Takahashi noted that the negotiations regarding the airport's boundaries and other issues had been going on for several years, that due to the Coast Guard's present internal reorganization the matter would not be a high priority for at least another year, that public hearing notices were often the only notification the USCG received concerning new activities at the State Airport that would impact the USCG's sewer and water distribution services and that might create electromagnetic interference at the r— Support Center. Lt. Takahashi requested that this safeguard for the USCG be continued by allowing the rezone matter to "die on the table." There were no further appearance requests or audience comments. VI. PUBLIC HEARINGS A) CASE 87-020. Public Hearing on the final draft of a comprehensive land use plan for the Chiniak community. (Chiniak Community Forum/Kodiak Island Borough) LINDA FREED noted the staff memo dated May 11, 1987, and the excerpt from the Anchorage Comprehensive Plan that were distributed as part of the packet. Ms. Freed continued by presenting an historical accounting of the process that resulted in the development of this comprehensive plan for Chiniak, noting that the 1987 Chiniak Area Comprehensive Plan is a general plan that provides guidelines especially in the area of future zoning issues. Ms. Freed stated that the implementation section has no impact unless it is incorporated into the language of the zoning and subdivision chapters of the Kodiak Island Borough Code or through land acquisition and disposal. Staff recommended forwarding the plan to the Kodiak Island Borough Assembly recommending adoption of the plan and incorporation of the plan into the Borough Code. �— Regular Session Closed. Public Hearing Opened: BILL ROBERTS, Chairman of the Chiniak Community Forum, appeared before the Commission, expressed the Forum's appreciation of the assistance that the Kodiak Island Borough Community Development Department staff provided in the development of the 1987 Chiniak Area Comprehensive Plan. Mr. Roberts noted that the Chiniak community supported the adoption of this comprehensive plan. OMAR STRATMAN, appeared before the Commission, and stated that he generally supported the plan. Mr. Stratman requested confirmation of the westerly boundary line. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Stratman concerning the westerly boundary line. Mr. Stratman indicated he had no problem with the westerly boundary line as defined by staff. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO RECOMMEND that the Kodiak Island Borough Assembly adopt the final draft of the Chiniak Area Comprehensive Plan by adopting the proposed draft ordinance incorporating the plan into Title 17 of the Borough Code as attached to the Community Development Department staff report dated May 11, 1987. The motion was seconded and CARRIED by unanimous roll call vote. B) CASE 87-021. Request for a conditional use permit in accordance with Section 17.10.030 (Conditional Uses) of the Borough Code to permit a communication facility to locate in the Watershed Zoning District on a Portion of the N 1/2 SE 1/4 SE 1/4, Section 36, Township 27 South, Range 20 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility will consist of an eight by forty (8 x 40) foot structure (containing radio transceivers and equipment storage) and several antenna support structures on a 10,000 square foot area approximately 487 feet from P & Z MINUTES 3 KIBS226213 MAY 20, 1987 the White Alice Site on Pillar Mountain. (Radar Alaska, Inc./City of Kodiak) BOB PEDERSON indicated 2 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.10.030 of the Borough Code to permit a communication facility consisting of an eight by forty (8 x 40) foot structure and several antenna support structures to locate in the Watershed Zoning District within a Portion of U.S. Survey 3945, on a Portion of the N 1/2 SE 1/4 SE 1/4, Section 36, Township 27 South, Range 20 West, Seward Meridian, subject to the condition of approval outlined in the staff report dated May 6, 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 requirements of Section 17.10.050 (Performance Standards) are specifically included as a condition of approval for this request. FINDINGS OF FACT 1. That the conditional use will preserve the value, spirit of the area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. This site is leased from the City of Kodiak and the terms of the lease require provision of site security, liability insurance, and maintenance of the site. These lease provisions should preserve the value, spirit, character, and integrity of the surrounding area. Further, Pillar Mountain has long been used for communication facilities and departmental files do not indicate that these facilities have been detrimental to the surrounding area. The site has also been reviewed and approved by the City of Kodiak Pillar Mountain Communication Site Advisory Board. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all other requirements of the Watershed Zoning District, specifically Section 17.10.050 (Performance Standards) for areas disturbed by construction in this Zoning District. The performance standards should be .-- incorporated as a condition of approval for the conditional use permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. The structure and facilities will be required to comply with building and fire codes through the building permit and inspection process. The facilities will also enhance the overall public safety and welfare because the lease agreement requires the operator to P & Z MINUTES 4 KIBS226214 MAY 20, 1987 provide space, utilities, and standby emergency power for City -owned radio systems. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. It appears that the 10,000 square foot lease area is adequate ►— for a 320 square foot structure and antenna support structures and provides an adequate buffer between the site and adjoining areas. Within the Watershed Zoning District there are no setback or lot area requirements. C) CASE 87-022. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to permit an existing communication facility (radio transmitter) to locate in the C--Conservation Zoning District on a Portion of the W 1/2 SW 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility consists of an eight by thirty-four (8 x 34) foot structure and four (4) antenna support structures on a 10,010 square foot area approximately 1,055 feet from the White Alice Site on Pillar Mountain. (Aksala Electronics, Inc./City of Kodiak) BOB PEDERSON indicated 2 this case and none were this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. r- Public Hearing Closed. Regular Session Opened. public hearing notices were mailed for returned. Staff recommended approval of COMMISSIONER ANDERSON MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit a communication facility consisting of an eight by thirty-four (8 x 34) foot structure and four (4) antenna support structures to locate in the C--Conservation Zoning District within a Portion of U.S. Survey 3945, on a Portion of the W 1/2 SW 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian, subject to the condition of approval outlined in the staff report dated May 6, 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 requirements are specifically request. FINDINGS OF FACT of Section 17.10.050 (Performance Standards) included as a condition of approval for this e the value, spirit area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. This site is leased from the City of Kodiak and the terms of the lease require provision of site security, liability insurance, and maintenance of the site. These lease provisions should preserve the value, spirit, character, and integrity of the surrounding area. Further, Pillar Mountain has long been used for communication facilities and departmental files do not indicate that these facilities have been detrimental to the surrounding area. The site has also been reviewed and approved by the City of Kodiak Pillar Mountain Communication Site Advisory Board. P & Z MINUTES 5 KIBS226215 MAY 20, 1987 2. That the conditional use fulfills all other requirements of this chanter oertainine to the conditional use in ouestion. The conditional use will fulfill all other requirements of the C--Conservation Zoning District. The performance standards, specifically Section 17.10.050 (Performance Standards) for areas disturbed by construction in the Watershed Zoning District, should be incorporated as a condition of approval r— for the conditional use permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. The structure and facilities will be required to comply with building and fire codes through the building permit and inspection process. The facilities will also enhance the overall public safety and welfare because the lease agreement requires the operator to provide space, utilities, and standby emergency power for City -owned radio systems. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. It appears that the 10,010 square foot lease area is adequate for a 272 square foot structure and antenna support structures and provides an adequate buffer between the site and adjoining areas. D) CASE 87-032. Request for a conditional use permit in accordance with Section 17.13.030 (Conditional Uses) of the Borough Code to ''- permit a communication facility (radio transmitter) to locate in the C--Conservation Zoning District within a Portion of the E 1/2 NE 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian on Pillar Mountain, a Portion of U.S. Survey 3945. The facility will consist of an eight by forty (8 x 40) foot structure and two (2) antenna support structures on a 24,975 square foot area approximately 2,850 feet from the White Alice Site on Pillar Mountain. (Tony Smaker/City of Kodiak) BOB PEDERSON indicated 2 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. COMMISSIONER ANDERSON requested to be excused due to a potential conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. r- COMMISSIONER KNUDSEN MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.13.030 of the Borough Code to permit a communication facility consisting of an eight by forty (8 x 40) foot structure and two (2) antenna support structures to locate in the C--Conservation Zoning District within a Portion of U.S. Survey 3945, on a Portion of the E 1/2 NE 1/4 SW 1/4, Section 31, Township 27 South, Range 19 West, Seward Meridian, subject to the condition of approval outlined in the staff report dated May 6, 1987, and to adopt the findings contained in the staff report as KIBS226216 P & Z MINUTES 6 MAY 20, 1987 "Findings of Fact" for this case. CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The requirements are specifically request. FINDINGS OF FACT The motion was seconded and of Section 17.10.050 (Performance Standards) included as a condition of approval for this 1. That the conditional use will preserve the value, spirit, character and integrity of the surrounding area. It appears that the proposed use will preserve the value, spirit, character, and integrity of the surrounding area. This site is leased from the City of Kodiak and the terms of the lease require provision of site security, liability insurance, and maintenance of the site. These lease provisions should preserve the value, spirit, character, and integrity of the surrounding area. Further, Pillar Mountain has long been used for communication facilities and departmental files do not indicate that these facilities have been detrimental to the surrounding area. The site has also been reviewed and approved by the City of Kodiak Pillar Mountain Communication Site Advisory Board. 2. That the conditional use fulfills all other requirements of this chapter pertaining to the conditional use in question. The conditional use will fulfill all other requirements of the C--Conservation Zoning District. The performance standards, specifically Section 17.10.050 (Performance Standards) for /^ areas disturbed by construction in the Watershed Zoning District, should be incorporated as a condition of approval for the conditional use permit. 3. That granting the conditional use permit will not be harmful to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort. The structure and facilities will be required to comply with building and fire codes through the building permit and inspection process. The facilities will also enhance the overall public safety and welfare because the lease agreement requires the operator to provide space, utilities, and standby emergency power for City -owned radio systems. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. It appears that the 24,975 square foot lease area is adequate for a 320 square foot structure and antenna support structures and provides an adequate buffer between the site and adjoining areas. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. E) CASE 87-023. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to permit a 12,384 square foot addition to East Elementary School to locate in a RR1--Rural Residential One Zoning District. Lot 6, U.S. Survey 3511; 217 Benny Benson Drive; and a Request for a variance from Section 17.17.050 (Yards) of the Borough Code to permit the addition to East Elementary School to encroach sixteen and a half (16.5) feet into the required sixteen and a half (16.5) foot side yard setback and forty (40) feet into the required forty (40) foot rear yard setback in a RR1--Rural Residential One Zoning District. (The lots adjacent to P & Z MINUTES 7 KJBS226217 MAY 20, 1987 the requested setback variances are part of the East Elementary School property.) Lot 6, U.S. Survey 3511; 217 Benny Benson Drive; and a Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the existing school and addition to provide only thirty-nine (39) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces. Lots 6 through r 12, U.S. Survey 3511; 217 Benny Benson Drive. (Kodiak Island Borough) BOB PEDERSON indicated 3 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: SCOTT ARNDT appeared before the Commission and asked if the new setbacks ordinance was in place, would the setback variances still be required? BOB PEDERSON replied, yes, for both variances. MR. ARNDT stated that a replat of the lots would be more appropriate. CHAIRMAN RENNELL noted that that had been discussed. MR. ARNDT stated that he could not comprehend the rationale for the parking variance when at the time of the gymnasium construction, the Assembly had indicated that the parking issues at East Elementary were to be addressed prior to any new additions to the r — school. Mr. Arndt stated that even the Borough does not comply with the Borough Code regarding parking, so why not throw out the ordinance. A discussion ensued amongst the Commissioners and Mr. Arndt. It was noted in the discussion that Mr. Arndt did not have any specific recollection of an Assembly directive to staff regarding addressing the parking issue, but that it was the intent of the Assembly at that time. Mr. Arndt noted that the parking was inadequate whenever more than the faculty was present at East Elementary as there is room for only six additional cars and that this situation created a safety hazard. Mr. Arndt suggested the parking area be enlarged and that faculty be assigned parking furthest from the buildings. The Commission noted a need for a "drop off zone" for school children. BILL REITH, Facilities Department, appeared before the Commission and expressed support for this request. A discussion ensued amongst the Commissioners, Mr. Reith, and Community Development Department staff. Mr. Reith noted that there was no Master Plan for the expansion of East Elementary. It was also noted that the parking requirements are determined by the maximum occupancy of the principal place of assembly, in this r particular instance the principal places of assembly are the gym and the cafeteria. Community Development Department staff noted the "site plan," included in the additional handouts, which denotes a parking configuration which would provide fifty-three (53) additional spaces. A discussion ensued concerning the Borough Facilities Department interfacing with other departments, which could identify zoning compliance issues earlier in the design and construction process, and thereby alleviate the need for the Borough to request variances and exceptions to the Borough Code. The Commission also requested information concerning the playground that is built in the State of Alaska right-of-way on Benny Benson. Mr. Reith noted that there is no "letter of non -objection" in the file from the State of Alaska concerning the use of their property. P & Z MINUTES 8 KIBS226218 MAY 20, 1987 Mr. Reith indicated that he would follow-up and attempt to obtain such a letter from the State of Alaska. A discussion ensued amongst the Commissioners, Community Development Department staff and Mr. Reith concerning the effects upon the parking at East if the State required that the playground be removed from their right-of-way. SCOTT ARNDT reappeared before the Commission and expressed his belief that the Borough could obtain the money necessary to construct an adequate parking facility if they chose to do so. He noted that the interest money from the bonds could be utilized for such a project and recommended that the Commission deny this parking variance request. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for an exception from Section 17.17.020 of the Borough Code to permit a twelve thousand three hundred eighty-four (12,384) square foot addition to East Elementary School to locate in a RR1--Rural Residential One Zoning District, Lot 6, U.S. Survey 3511, and to adopt the findings contained in the staff report dated May 13, 1987 as "Findings of Fact" for this case. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this r- title and (C) adversely impact other properties or uses in the neighborhood. A. The proposed use for this residentially zoned lot is an addition to an elementary school. The property has been owned by the Kodiak Island Borough since 1967 and has been considered part of the "school complex" for many years. In fact, the 1968 Comprehensive Plan identifies this area for hospital and school reserve. There is no indication in the files as to why this lot was not part of the Borough -wide public lands rezoning. The extension of the school building on to this lot will not endanger the public's health, safety or general welfare, since the facility will be expanded on to property long considered part of the school complex. In addition, the building as a public facility will go through extensive inspection in order to ensure compliance with all required health, safety and building codes. B. The RRl--Rural Residential One Zoning District is established for large lot, low density residential and general agricultural purposes. In general, this zoning classification is not appropriate for this property as it is located within the city limits of the City of Kodiak r and is supplied with public services. As communities change over time, areas generally are rezoned to be consistent with the comprehensive plan and the general pattern of development. This lot apparently was erroneously overlooked as part of a Borough -wide public land rezoning. The exception process in the Borough Code provides for non -permitted uses to be allowed if certain conditions are met. This proposed sue is consistent with the general intent of the zoning district in which it is located as it provides a public facility that is needed in a residential area - an elementary school. The proposed addition will not change the use of the property, it will only expand the existing use to a greater extent. KIBS226219 P & Z MINUTES 9 MAY 20, 1987 r-- im- C. There has been no indication that the presence of the school has negatively impacted other properties or uses in the neighborhood in the past. The school site is bounded on two sides by major traffic ways, on a third side by vacant residentially zoned land, and on the fourth side by a mixture of business, public land and residentially zoned property. The addition will not change the use of the "school complex" and should not therefore adversely impact property in the area to a greater degree than the existing use. COMMISSIONER HEINRICHS MOVED TO DIRECT STAFF to include the East Elementary School "complex" in the next overall rezoning effort that appears before the Commission. The motion was seconded and CARRIED by unanimous roll call vote. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance from Section 17.17.050 of the Borough Code to permit an addition to East Elementary School to encroach sixteen and a half (16.5) feet into the required sixteen and a half (16.5) foot side yard setback and forty (40) feet into the required forty (40) foot rear yard setback in a RR1--Rural Residential One Zoning District, Lot 6, U.S. Survey 3511 and to adopt the findings contained in the staff report dated May 13, 1987 as "Findings of Fact" for this case, with the following condition: 1. The East Elementary School Tract (Lots 6 through 12, U.S. Survey 3511) shall be replatted into one lot to reflect the ownership and use of the site. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. Exceptional Dhvsical circumstances or conditions to do not apply to other properties in the same land use district. The exceptional physical circumstance applicable to this property is the fact that the property has not been replatted into one larger school complex lot. If this was done, setback variances would not be required for this project. As a matter of information, the most recent addition to the school did not go through the variance process, even though it does not meet the setbacks for the individual lot on which it is located. 2. Strict application of the zoning ordinances would result in ties or unnecessary hardsh The strict application of the setback requirements would not allow the school addition to be attached to the existing school. This is a unnecessary hardship when this lot is thought of as part of the "school complex" and the addition will meet required setbacks from adjacent property. 3. The damages or prejudice to other properties in the vicinitv nor to the Dublic's Granting of the variance will not result in material damage or prejudice to other properties in the vicinity since the required setbacks will be met from property lines common with other property owners. The variance should not be detrimental to the public's health, safety or general welfare. The addition to the school will, in fact, enhance the general welfare by reducing overcrowding at the school. The building will also be subject to stringent code requirements to ensure safety as a public building. KIBS226220 P & Z MINUTES 10 MAY 20, 1987 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. The granting of the variance is consistent with the comprehensive plan which designates this area for hospital and school reserve. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance_ The actions of the applicant have not generally caused the reason for which the variance is being requested. 6. That the granting of the variance will not permit a prohibited land use in the district involved. The granting of the variance will not permit a prohibited land use in the zoning district involved if the Commission rules favorably on the prior exception request. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from Section 17.57.020(2)(d) of the Borough Code to permit the existing school and addition to provide only thirty-nine (39) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces, Lots 6 through 12, U.S. Survey 3511, and to adopt the findings contained in the staff report dated May 13, 1987 as "Findings of Fact" for this case. The motion was seconded and FAILED by majority roll call vote. Commissioners Hendel, Thompson, Anderson, Knudsen, Smedley and Rennell voted "no." The Commission deferred "Findings of Fact" to the end of the agenda. F) CASE 87-024. Request for a conditional use permit in accordance with Section 17.33.030 (Conditional Uses) of the Borough Code to permit a 48 bed correctional facility (an addition onto the rear of the existing City Police Department and Fire Station Building) to locate in a PL--Public Use Lands Zoning District on Lots 121 through 124, Block 10, Erskine Subdivision; 215 Lower Mill Bay Road. (City of Kodiak) BOB PEDERSON indicated 62 public hearing notices were mailed for this case and 6 were returned, one in favor and 5 opposing this request. Staff recommended approval of this request subject to three (3) conditions. Regular Session Closed. Public Hearing Opened: BOB BRODIE, CITY COUNCIL, appeared before the Commission and read a letter dated May 20, 1987, to the Planning and Zoning Commission from Samuel C. Gesko, City Manager into the record (the letter is attached to these minutes). A discussion ensued amongst the Commissioners, Mr. Brodie, and Community Development Department staff concerning Mr. Gesko's letter. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a conditional use permit in accordance with Section 17.33.030 of the Borough Code to permit a forty-eight (48) bed correctional facility (an addition onto the rear of the existing City Police and Fire Department Building) to locate in a PL--Public Use Lands Zoning District on Lots 121 through 124, Block 10, Erskine Subdivision, subject to the conditions of approval outlined in the staff report dated May 20, 1987 and to adopt the findings contained in the staff report as KIBS226221 P & Z MINUTES 11 MAY 20, 1987 r rr "Findings of Fact" for this case. CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL The motion was seconded and 1. The vacation and replat of Lots 120 through 129, Block 10, Erskine Subdivision, U.S. Survey 562; Lots 1 through 4, Thorsheim Subdivision, U.S. Survey 2537B; and Block 15, Kodiak Townsite, U.S. Survey 2537B (Case S-84-019) shall be filed prior to issuance of a certificate of occupancy for the jail addition. 2. The parking plan is revised to eliminate all spaces within the Cedar Street right-of-way and redesigned so that all spaces have adequate maneuvering room, adequate aisle widths, correct space dimensions, and do not interfere with power pole down guys. The existing fencing shall also be removed. 3. The parking lot shall be constructed in compliance with Section 17.57.040 (Parking Area Development Standards) prior to issuance of a certificate of occupancy for the jail addition. A compacted gravel surface may be substituted for the requirement of a paved parking lot. FINDINGS OF FACT 1 2 3 That the conditional character and integrit area. It appears that the proposed use will preserve the value, spirit, character and integrity of the surrounding area. The jail addition is located on property in an area used for public and/or institutional land uses (city jail, police department, fire department, teen center, and U.S. Post Office). The jail will be a continuation of this land use pattern and tend to consolidate rather than disperse public facilities - specifically law enforcement and corrections - throughout the community. An enlarged jail facility can also be considered a logical extension of the existing uses of the land. That the conditional use fulfills all other requirements of to the conditional use in question. The jail addition will comply with all other requirements of the PL--Public Use Lands Zoning District such as setbacks, height of buildings, etc., and will be compatible with the existing public uses of the property. That granting the conditional use permit will not be to the public health, safety, convenience and comfort. The proposed use should not be harmful to the public health, safety, convenience or comfort provided all UBC, State Fire Marshall, and Department of Public Safety requirements are adhered to. Compliance with these requirements is regulated through the building permit process. Lastly, a new jail facility will enhance the overall public safety and welfare by providing a safe, secure facility that meets State standards. 4. That sufficient setbacks, lot area, buffers or other safeguards are being provided to meet the conditions listed in subsections A through C of this section. Based on the attached site plan, it appears that sufficient lot area, setbacks or buffers, relative to the scale of the proposed structure and surrounding area, are being provided. 5. The proposed use and structure is located in a manner that should maximize public benefits. The structure will be located on a site that is currently devoted to public land uses and structures. This location will consolidate rather P & Z MINUTES 12 KIBS226222 MAY 20, 1987 than disperse public facilities throughout the community. In addition, the proposed use of this site is consistent with the 1968 Comprehensive Plan designation. G) CASE 87-025. Request for an exception from Section 17.19.020 (Permitted Uses) of the Borough Code to permit a temporary fireworks sales stand to locate in a R2--Two-Family Residential Zoning District. Tract C-1, U.S. Survey 1682; 3472 Rezanof Drive r-- East. (Les Seaton/Mike Anderson) COMMISSIONER ANDERSON requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER ANDERSON. BOB PEDERSON indicated 97 public hearing notices were mailed for this case and 1 was returned opposing this request. Staff recommended approval of this request subject to the six (6) conditions attached to all fireworks sales stands. Regular Session Closed. Public Hearing Opened: TUCK BONNEY appeared before the Commission and stated that he was not against this fireworks stand, but wanted to see this be the last year because all exceptions would expire on the property in 1988. MIKE ANDERSON appeared before the Commission and noted that the Assembly did not take up his offer of "no more exceptions on this property for the purposes of the outdoor storage exception," as a condition of approval when it was before the Assembly on appeal. A discussion ensued amongst the Commissioners, Mr. Anderson, and Community Development Department staff about the location of the fireworks stand as the public hearing notice map indicates that the exception for sales of fireworks covers the entire tract. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for an exception from Section 17.19.020 of the Borough Code to permit a temporary fireworks sales stand to locate in a R2--Two-Family Residential Zoning District on Tract C-1, U.S. Survey 1682, subject to the conditions of approval outlined below, and to adopt the findings contained in the staff report as "Findings of Fact" for this case. CONDITIONS OF APPROVAL: 1. The sale of fireworks shall be discontinued at this location by July 5, 1987. 2. The use and structure shall be removed from the lot by Monday, July 6, 1987. 3. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 4. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 5. Agree to provide a trash receptacle on the premises for the use of patrons. 6. The exception shall be valid only until July 6, 1987. 7. The fireworks sales stand shall be located within five hundred (500) feet of the Rezanof Drive right-of-way. The motion was seconded and CARRIED by majority roll call vote. Commissioner Rennell voted "no." KIBS226223 P & Z MINUTES 13 MAY 20, 1987 r— FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. Fireworks sales have previously occurred at this location and departmental files do not indicate that these sales have posed any danger to the public health, safety or welfare. Additionally, the use is temporary in nature and the applicant will obtain a permit to sell fireworks from the Office of the State Fire Marshal. Lastly, the applicant agrees to comply with the conditions attached to all fireworks stands, as follows: 1. The sale of fireworks shall be discontinued at this location by July 5, 1987. 2. The use and structure shall be removed from the lot by Monday, July 6, 1987. 3. Provide a copy of the required State of Alaska "Permit for the Sale of Salable Fireworks." 4. Agree to place "No Smoking within 250 feet" and No Fireworks to be Discharged within 250 feet" signs on the premises. 5. Agree to provide a trash receptacle on the premises for the use of patrons. 6. The exception shall be valid only until July 6, 1987. 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 the proposed use will not be a permanent retail sales outlet and also because the Kodiak Island Borough Assembly specifically exempted Article 78 of the 1982 Uniform Fire Code when it adopted this Code on June 6, 1985. Article 78 forbids the sale of fireworks. C. The proposed use does not appear to adversely impact other properties in the area because the location of the stand on the lot is approximately 400-feet away from the nearest residence, at least 250-feet from the church on Tract B-1 and because other surrounding properties are undeveloped. A site inspection did not indicate that conditions in the area have substantially changed from last year. Further, adequate off-street parking is available and previous fireworks sales at this location have not generated any complaints from surrounding property owners of which staff is aware. COMMISSIONER ANDERSON returned to the Planning and Zoning Commission. H) CASE 87-026. Request for a variance from Section 17.18.050(A)(1) (Yards) of the Borough Code to permit a six and a half by thirty-seven and a half (6.5 x 37.5) foot arctic entry and living space addition on to the front of the existing single-family residence to encroach three (3) feet into the required twenty-five (25) foot front yard setback in a R1--Single-Family Residential Zoning District. Lot 3, Block 44, East Addition; 1323 Ismailov. (Bill and Madelyn Poland) BOB PEDERSON indicated 35 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff noted that Ms. Poland had called to say that she would not be able P & Z MINUTES 14 K1BS226224 MAY 20, 1987 to attend the meeting due to another commitment. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. r- Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for a variance from Section 17.18.050 of the Borough Code to permit a six and a half by thirty-seven and a half (6.5 x 37.5) foot arctic entry and living space addition onto the front of the existing single-family residence to encroach three (3) feet into the required twenty-five (25) foot front yard setback in a R1--Single-Family Residential Zoning District on Lot 3, Block 44, East Addition and to adopt the findings contained in the staff report dated May 6, 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 2 the property or inte do not apply to o district. circumstances or conditions applicable to s in the same Tana use In this case, the exceptional physical condition is the placement of the existing structure on the lot, twenty-eight and eight -tenths (28.8) feet from the Ismailov Street right-of-way. Any addition of an arctic entry will require a variance. The house was built in 1967 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. Also, if an arctic entry addition is permitted which establishes a new front yard setback for a portion of the structure, it is reasonable to permit the rest of the structure to be built out to the same setback line. 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 or additional living space. This is a practical difficulty and unnecessary hardship when many other residences in East Addition and surrounding subdivisions have arctic entries. Further, if an arctic entry is permitted, it would be an unnecessary hardship not to permit the rest of the structure to be built out to the newly established front yard setback line. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. r- Granting of this variance will not result in material damages or prejudice to other properties in the area. The addition will not block sight distance on Ismailov 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 Medium Density Residential Development. The addition will not increase the existing density or permitted land uses. P & Z MINUTES 15 KIBS226225 MAY 20, 1987 F__ 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. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Single-family residences are a permitted land use in this district. CHAIRMAN RENNELL recessed the meeting for five minutes. CHAIRMAN RENNELL reconvened the meeting at 9:32 p.m. I) CASE 87-027. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to allow a permitted duplex to increase the size of the structure with an approximately ten by twenty-eight (10 x 28) foot addition in a B--Business Zoning District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) BOB PEDERSON indicated 19 public hearing notices were mailed for this case and none were returned. Staff recommended denial of this request. COMMISSIONER HEINRICHS requested to "step down" for clarity regarding an appearance of conflict of interest. CHAIRMAN RENNELL excused COMMISSIONER HEINRICHS. Regular Session Closed. Public Hearing Opened: ROBERT GRAY, on behalf of Dave Henley, appeared before the Commission and expressed support for this request. Mr. Gray noted that Mr. Henley was trying to purchase an adjoining lot to provide additional parking and that he proposed to vacate and replat the lot into Lot 12 subsequent to purchase. A discussion ensued amongst the Commissioners, Mr. Gray and Community Development Department staff regarding an 800 square foot addition to the property and its impacts on the parking requirements for this particular lot. Public Hearing Closed. Regular Session Opened. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the history of Planning and Zoning Commission action on this particular property. COMMISSIONER KNUDSEN MOVED TO GRANT A request for a variance from Section 17.36.060(A) of the Borough Code to permit a valid nonconforming land use to be enlarged and extended to occupy a greater area of land in order to construct a ten by twenty-eight (10 x 28) foot two-story addition onto the rear of an existing two-family residence located in a B--Business Zoning District on Lot 12, Block 1, Allman Addition. The motion was seconded. COMMISSIONER ANDERSON MOVED TO AMEND THE MAIN MOTION by adding the following condition of approval: "1. The vacation and replat of this lot to include the eight hundred (800) square foot twenty by forty (20 x 40) foot area behind the lot shall be filed in order for the variance to become effective." The AMENDMENT was seconded and CARRIED by unanimous roll call vote. The question was called and the MAIN MOTION AS AMENDED CARRIED by majority roll call vote. Commissioners Knudsen and Rennell voted "no." P & Z MINUTES 16 yIBS226226 MAY 20, 1987 The Commission deferred "Findings of Fact" until the end of the agenda. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. J) CASE 87-028. Request for an exception from Section 17.21.020 (Permitted Uses) of the Borough Code to permit the storage and r- wholesale and retail sales of chemicals (including chlorine) and compressed gas in a B--Business Zoning District. Lot 24, Block 1, Russian Creek Alaska Subdivision; 11590 Rezanof Drive West. (Woodruff & Associates/Altex Distributing Company) BOB PEDERSON indicated this case and 2 were recommended approval conditions. Regular Session Closed. Public Hearing Opened: JAMES ZIMMERMAN, Vice Distributing, appeared for this request. 9 public hearing notices were mailed for returned, in favor of this request. Staff of this request subject to five (5) President and General Manager of Altex before the Commission and expressed support A discussion ensued amongst the Commissioners and Mr. Zimmerman regarding the necessity of installing an alarm system to detect leaks from the cylinders. The discussion also noted that it was Altex's intent, if successful, to purchase property in an appropriately zoned land use district and to construct its own facilities. Public Hearing Closed. Regular Session Opened. COMMISSIONER ANDERSON MOVED TO GRANT A request for an exception from Section 17.21.020 of the Borough Code to permit the storage and sales of chemicals and compressed gas in a B--Business Zoning District, specifically not more than fifteen (15) ammonia and fifteen (15) chlorine cylinders (total volume approximately 4,500 pounds) to be contained within a locked container van, on Lot 24, Block 1, Russian Creek Alaska Subdivision, subject to the conditions of approval outlined in the staff report dated May 8, 1987 and to adopt the findings contained in the staff report as "Findings of Fact" for this case, changing condition number 2, to read: "2. The number of full ammonia and/or chlorine cylinders shall not exceed thirty (30) and the total storage is limited to five thousand (5,000) pounds." The motion was seconded. COMMISSIONER HEINRICHS MOVED TO AMEND THE MAIN MOTION by adding condition number 6, to read: "6. The exception is limited to five (5) years and will expire on June 15, 1992." The AMENDMENT was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO AMEND THE MAIN MOTION by adding condition number 7, to read: "7. The applicant shall install an exhaust ventilation system." The motion died for the lack of a second. The question was called and the MAIN MOTION AS AMENDED CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. The use shall comply with the performance standards for industrial land uses, Section 17.24.060 A through G of the Borough Code. 2. The number of full ammonia and/or chlorine cylinders shall not exceed thirty (30) and the total storage is limited to five thousand (5,000) pounds. KIBS226227 P & Z MINUTES 17 MAY 20, 1987 r" r r 3. All storage shall be contained within a locked container van at all times. 4. No cylinders shall be filled, refilled, or the contents transferred amongst cylinders on this property. 5. The exception shall be reviewed annually for compliance with the above conditions. 6. The exception is limited to five (5) years and will expire on June 15, 1992. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. Granting of an exception should not be detrimental to the public's health, safety or general welfare if certain conditions are adhered to. The lot is at least 650 feet from the nearest residentially zoned lot and the only business lot (Lot 11, Block 1) in the area approved for a residential dwelling unit. This distance enhances the separation of incompatible residential and industrial land uses, thereby reducing potential impacts. The cylinders will be stored within a locked container van which will further reduce potential health or safety concerns. All cylinders must comply with federal standards for interstate shipping. Lastly, there will be no filling or refilling of the cylinders on site. Provided indoor storage is incorporated as a condition of approval, the use should not be detrimental to the public's health, safety or general welfare. B. Whether the proposed use will be inconsistent with the general purposes and intent of Title 17 and with the specific description and intent of Chapter 17.21, the B--Business Zoning District, is debatable. Section 17.21.010(C) (Description and Intent) of the Borough Code states that the specific intentions of this chapter are "to prohibit the use of Business District lands for manufacturing and industrial purposes." Based on this code section and that this use is only conditionally permitted in the I --Industrial Zoning District, the exception should properly be denied. Conversely, it can be asserted that limited industrial use of this property has already been sanctioned by the granting of a conditional use permit for warehousing. The storage of chemicals can be considered a natural outgrowth of the permitted warehousing activity. In addition, the proposed use also has the characteristics of a retail sales and service activity. C. The proposed use, under appropriate conditions, should not adversely impact other properties in the area. The site is adequately separated from any nearby residences or residential zoning areas and the characteristics of the use (i.e., storage in a locked container and no filling or refilling of cylinders) tends to mitigate potential impacts on surrounding properties. K) CASE 87-029. Request for a variance from Section 17.60.040 (Business District Signs) of the Borough Code to permit more than one sign per business enterprise in a B--Business Zoning District (two total signs for Kodiak Camp Supply). Lots 24 and 25, Block 2, P & Z MINUTES 18 gjBS226228 MAY 20, 1987 r-- Allman Addition; 1314-1316 Mill Bay Road. (Island Plumbing/Kodiak Camp Supply) BOB PEDERSON indicated 24 public hearing notices were mailed for this case and none were returned. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER HEINRICHS MOVED TO GRANT A request for a variance from Section 17.60.040 of the Borough Code to permit a second sign advertising the Kodiak Camp Supply Store in a B--Business Zoning District on Lots 24 and 25, Block 2, Allman Addition and to adopt the findings contained in the staff report dated May 6, 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 do not apply to other properties in the same land use district. The exceptional condition applicable to the intended use of this property is largely a perceptual one. Typically, the average business property owner assumes that they may have any number of signs. This is especially true in the case of retail sales, which usually have several signs identifying the business name, products sold, and signs advertising sale prices. This lot also has frontage on two streets and many businesses on corner lots have more than one sign. In this case, it is notable that the applicant is seeking the variance prior to installation of the signs. 2. Strict application of the zoning ordinances would result in practical difficulties or unnecessary hardships. Strict application of the zoning ordinance would only allow one sign on the property. This is an unnecessary hardship when many other businesses in Kodiak (including many retail sales outlets) have more than one sign and the Commission has granted several variances for more than one sign per business enterprise in the past. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare. The sign will not r— interfere with safe traffic flow along Mill Bay Road or visibility at the Mill Bay Road/Selig Street intersection. 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 because signs are customarily used to identify business establishments and comprehensive plans do not generally address minor developments such as signs. 5. That actions of the applicant did not cause special condit or financial hardship from which relief is being sought by variance. P & Z MINUTES 19 KIBS226229 MAY 20, 1987 In this instance, 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 erection of the sign. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Signs are permitted in the B--Business Zoning District. L) CASE 87-030. Request for an exception from Section 17.17.020 (Permitted Uses) of the Borough Code to bring an existing nonconforming land use (commonly known as the Kodiak Baptist Mission) into conformance with the Borough Code and to allow for its future expansion. The existing use is a residential child care facility and ancillary uses consist of a thrift store, offices, staff housing, recreation areas and agricultural activities. The exception will allow the future expansion of these facilities and activities in general and the reconstruction of the thrift store specifically. Additional uses contemplated for the future include an alternative school, additional recreational facilities, and more office space. Lot 4, Block 1, Hospital Subdivision and Portions of U.S. Surveys 1822, 2843, and Block 3, 3066AB; 1944 Rezanof Drive East. (Womens American Baptist Mission) BOB PEDERSON indicated 30 public hearing notices were mailed for this case and 1 was returned, in favor of this request. Staff recommended approval of this request. COMMISSIONER HEINRICHS requested to be excused due to a conflict of interest. COMMISSIONER RENNELL excused COMMISSIONER HEINRICHS. Regular Session Closed. P-- Public Hearing Opened: "+ Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT A request for an exception from Section 17.17.020 of the Borough Code to bring an existing nonconforming land use (the Kodiak Baptist Mission) into conformance with the Borough Code and to allow for its future expansion on Lot 41 Block 1, Hospital Subdivision; Block 3, U.S. Survey 3066AB; and Portions of U.S. Surveys 1822 and 2843; and to adopt the findings contained in the staff report dated May 7, 1987 as "Findings of Fact" for this case. The exception will allow the future expansion of the residential child care facility and ancillary activities and structures in general and reconstruction of the thrift store specifically. The motion was seconded and CARRIED by unanimous roll call vote. FINDINGS OF FACT 1. That the use as proposed in the application, or under appropriate conditions or restrictions, will not (A) endanger the public's health, safety or general welfare, (B) be r inconsistent with the general purposes and intent of this title and (C) adversely impact other properties or uses in the neighborhood. A. It appears that the proposed use will not endanger the public's health, safety or general welfare. The Mission facilities are a long established land use at this location and departmental files contain no indication that the facility has been detrimental to the public's health, safety or welfare. In fact, the Mission can be considered to enhance the overall public health and welfare by providing an alternative housing and KIBS226230 P & Z MINUTES 20 MAY 20, 1987 F- r"- educational program for young people in the community. Lastly, all future construction will be required to comply with applicable zoning, building and fire codes. 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 17.17, the Rural Residential Zoning District. "The rural residential district is established as a land use district for large lot, low density, residential and general agricultural purposes." The use of a 25 acre site for a residential child care facility that includes agricultural activities is generally consistent with this description and intent. C. The proposed use (existing and considering future expansion) does not appear to adversely impact other properties or uses in the area. The use is located on a large parcel (more than 25 acres) that is bounded on two sides by two of the busier arterial roads in Kodiak (Rezanof and Mission) and most of the structures are centrally grouped. All structures appear to meet setback requirements and a good deal of the site is undeveloped. Lastly, the existing facilities have not generated any complaints from the surrounding neighborhood of which staff is aware. COMMISSIONER HEINRICHS returned to the Planning and Zoning Commission. M) CASE 87-031. Request for a Special Land Use Permit in accordance with Section 18.50.030 of the Borough Code to allow a year to year permit for one (1) cabin and four (4) accessory buildings on Borough owned land. Located in Section 8, Township 26 South, Range 24 West, Seward Meridian in Viekoda Bay. (Gary Reed) BOB PEDERSON indicated the applicant had withdrawn this request Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. N) CASE 87-033. Request to initiate the rezoning of Lots 1 through 18, Block 1, Lakeview Subdivision from R2--Two-Family Residential to PL--Public Use Lands, and an Unsubdivided Portion of U.S. Survey 1396 that will adjoin Lots lA and 2A, Allman Addition from C--Conservation to B--Business, and an Unsubdivided Portion of U.S. Survey 1396 (proposed Tracts K and L, USS 1396, preliminary plat dated February 18, 1987, Case S-87-010) from C--Conservation to PL--Public Use Lands in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. The area encompassed in this rezone includes Lilly Lake, the land at the south end of Lilly Lake and subdivided vacant lots along the lakeside of Larch Street. (Kodiak Island Borough Planning and Zoning Commission) r BOB PEDERSON indicated 244 public hearing notices were mailed for '1 this case and 1 was returned, opposing only the rezoning to business portion of this request. Staff recommended approval of this request. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. KIBS226231 A discussion ensued amongst the Commissioners and Community Development Department staff regarding a request by a member of the P & Z MINUTES 21 MAY 20, 1987 City Council to table this item until the City Council and Borough Assembly could discuss the matter at a joint worksession. COMMISSIONER MOVED TO TABLE THIS REQUEST UNTIL THE JULY 1987 REGULAR MEETING. The motion was seconded and CARRIED by unanimous voice vote. 0) CASE S-87-014. Vacation of Block 11 and Lot 5, Block 12 and the r'_ Portion of "F" Street between Block 11 and Block 12, Larsen Bay --� Townsite, U.S. Survey 4872; and replat to Lots 1 and 2, Block 11 and Lot 5A, Block 12, Larsen Bay Townsite. (Kodiak Island Borough) BOB PEDERSON noted he had no further information except the Borough Engineer's memo dated May 12, 1987. Regular Session Closed. Public Hearing Opened: Seeing and hearing none. Public Hearing Closed. Regular Session Opened. COMMISSIONER KNUDSEN MOVED TO GRANT preliminary approval of the vacation of Block 11 and Lot 5, Block 12 and the Portion of "F" Street between Block 11 and Block 12, Larsen Bay Townsite, U.S. Survey 4872; and replat to Lots 1 and 2, Block 11 and Lot 5A, Block 12, Larsen Bay Townsite, subject to the conditions of approval outlined in the memorandum from the Borough Engineer dated May 12, 1987. The motion was seconded and CARRIED by unanimous roll call vote. CONDITIONS OF APPROVAL 1. Revise the final plat to show that one-half of the "F" Street right-of-way is being added to Lot 1, Block 12. 2. Revise the title block to indicate that these parcels are within Tract A of Larsen Bay Townsite, U.S. Survey 4872. 3. Add a signature line and Notary's Acknowledgment for the owner of Lot 1, Block 12. VII. OLD BUSINESS A) CASE 84-076. Request to rezone a Portion of U.S. Survey 2539, commonly known as the Kodiak State Airport, from C--Conservation to I --Industrial and B--Business in accordance with Chapter 17.72 (Amendments and Changes) of the Borough Code. (Kodiak Island Borough Planning and Zoning Commission) COMMISSIONER THOMPSON MOVED TO BRING THE REZONE TO PUBLIC HEARING at the June 1987 regular meeting. The motion died for the lack of a second. B) 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. These provisions are commonly known as "side" and "glide" slopes. Located at and surrounding the Kodiak Municipal Airport, including Lilly Lake. (Kodiak Island Borough) Referred back to the Planning and Zoning Commission at the Assembly's May 7, 1987 Regular Meeting. COMMISSIONER KNUDSEN MOVED TO RECOMMEND that the Kodiak Island Borough Assembly amend Ordinance 87-09-0, Section 17.06.045(1) to read: "The approach surfaces for the municipal airport extend upward and outward from the south end of the existing lake surface (towards Larch Street) and the north end of the gravel runway (Von Scheele Way) only." The motion was seconded and CARRIED by unanimous roll call vote. KIBS226232 P & Z MINUTES 22 MAY 20, 1987 There was no further old business. VIII. NEW BUSINESS There was no new business. IX. COMMUNICATIONS r-� COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A through D of communications. The motion was seconded and CARRIED by unanimous voice vote. r— A) Administrative Decision, re: "For Sale" signs in Business and Industrial Zoning Districts, dated April 24, 1987. B) Letter dated May 5, 1987 to Kay M. Cox from Linda Freed, re: Utility Easement behind Lot 11, Block 3, Russell Estates Second Addition. C) Memo dated May 12, 1987 to the Planning and Zoning Commission from the Community Development Department, re: Information about changing the zoning classification of the lots along Mill Bay Road from residential to B--Business. D) Memos dated May 11, 1987 to the General Public from the Alaska Department of Fish & Game, re: Stream Crossing, Permits (for the following streams): 1. Devils Creek Tributary 2. American River 3. Old River west side tributaries 4. Kalsin Creek 5. Sacramento River 6. Rough Creek 7. Saltery Creek 8. Hurst Creek 9. Gracy Creek 10. Portage Creek 11. Joe Creek 12. Pasagshak Creek and East Fork Pasagshak Creek 13. Burton Ranch Streams There were no further communications. X. REPORTS COMMISSIONER KNUDSEN MOVED TO ACKNOWLEDGE RECEIPT of items A and B of 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 There were no audience comments. XII. COMMISSIONERS' COMMENTS The Commission addressed findings of fact for the following agenda items, making the following motions: V-A Request for Commission interpretation of a boarding kennel for dogs as a home occupation. Lot 2E, Block 5, Bells Flats Alaska Subdivision; 10843 Chiniak Drive. COMMISSIONER ANDERSON MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. The kennel is located in a low density rural area with adequate separation between land uses. Gm1 P & Z MINUTES 23 KIBS226233 MAY 20, 1987 2. The kennel has been in operation for several years and there have not been any complaints or adverse testimony from residents of the surrounding area. 3. The Commission finds that the specific kenneling activity on this lot falls within the definition of a home occupation. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER KNUDSEN MOVED TO INTERPRET THE HOME OCCUPATION ORDINANCE AS EXCLUDING KENNELS. The motion died for the lack of a second. VI-E CASE 87-023. Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the existing school and addition to provide only thirty-nine (39) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces. Lots 6 through 12, U.S. Survey 3511; 217 Benny Benson Drive. (Kodiak Island Borough) COMMISSIONER ANDERSON MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: the property or inrenaea use or aeveiopment, wnicn Qeneraiiv do not aDDly to other properties in the same land use There are no physical circumstances or conditions applicable to this property that do not generally apply to other properties in the area. There is plenty of space that can be developed for parking on this lot. 2. Strict application of the zoning ordinances would result in or narasnrDs The strict application of the zoning ordinance would require the provision of one hundred eight (108) parking spaces. This is not an unnecessary hardship or practical difficulty because ample space is available for parking and parking should be included as an integral part of the overall project. 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 Dublic's health, safety and welfare. The granting of the variance could threaten the public safety due to congestion and traffic problems. These problems could potentially endanger children crossing through the parking area as evidenced by public testimony. 4. The of the variance will not be the Comprehensive Plan. to the The variance will not be contrary to the objectives of the comprehensive plan, which designates this property for a use consistent with the facility. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. Actions of the applicant have caused the conditions from which relief is being sought by a variance by not planning for additional parking spaces when ample space was readily available. KIBS226234 -114 Gl P & Z MINUTES 24 MAY 20, 1987 r— 6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use in the zoning district involved, if the Commission rules favorably on the prior exception request. The motion was seconded and CARRIED by unanimous voice vote. VI -I CASE 87-027. Request for a variance from Section 17.36.060(A) (Nonconforming Uses of Land) of the Borough Code to allow a permitted duplex to increase the size of the structure with an approximately ten by twenty-eight (10 x 28) foot addition in a B--Business Zoning District. Lot 12, Block 1, Allman Addition; 1233 Mill Bay Road. (David and Pilar Henley) COMMISSIONER ANDERSON MOVED TO ADOPT THE FOLLOWING FINDINGS OF FACT: 1. Exceptional physical circumstances or conditions applicable to the DroDerty or intended use of development. which eenerally do not apply to other properties in the same land use diarrirt_ The exceptional physical circumstance in this case is the small size of the existing structure and lot. Each level of the structure contains approximately five hundred thirty-six (536) square feet and this is fairly small for a typical dwelling unit. 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 1, expansion of the duplex. This is a practical difficulty and unnecessary hardship because the existing size of the dwelling units is quite small and the expansion will not change the existing land use. 3. The granting of the variance will not result in material damages or prejudice to other properties in the vicinity nor be detrimental to the public's health, safety and welfare. Granting of the variance will not be detrimental to the public's health, safety or welfare or be damaging to other properties in the vicinity because the parking requirement for a number of permitted commercial land uses can be accommodated on the lot if the structure was reconverted to commercial land use in the future. 4. The granting of the variance will not be contrary to the objectives of the Comprehensive Plan. 5. Granting of the variance for expansion of a residential land use will not be contrary to the comprehensive plan designation of this area for business development because an exception for this land use at this location was previously approved by the Commission. conditions or variance. In this case, whether actions of the applicant have caused the conditions from which relief is being sought by a variance is debatable. In one sense, this variance request is caused by establishment of a residential land use in a B--Business Zoning District. However, by granting the exception for the residential use, the Planning and Zoning Commission has determined that a two-family dwelling unit is an appropriate land use for this lot. It is also clear that the Planning and Zoning Commission determined that an expansion of the P & Z MINUTES 25 KIBS226235 MAY 20, 1987 structure was not within the scope and intent of the original exception as granted. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Two-family dwelling units are not a permitted land use in the B--Business Zoning District but this specific duplex is a r— valid nonconforming use through an approved exception. —1 Therefore, granting of the variance will not permit a prohibited land use in the zoning district involved. The motion was seconded and CARRIED by unanimous voice vote. COMMISSIONER HEINRICHS MOVED TO CONTINUE THE MEETING BEYOND THE 11:00 P.M. CURFEW. The motion was seconded and CARRIED by unanimous voice vote. A discussion ensued amongst the Commissioners and Community Development Department staff regarding the procedure to reconsider the previous motion regarding the variance for off-street parking at East Elementary School. Mr. Reith, Facilities Department, responded (to a question by the Commission) that denial of the off-street parking variance would cause a delay in the bid award procedure for the East Elementary Addition. COMMISSIONER ANDERSON MOVED TO RECONSIDER CASE 87-023. Request for a variance from Section 17.57.020(2)(d) (Off -Street Parking --Number of Spaces Required) of the Borough Code to permit the existing school and addition to provide only thirty-nine (39) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces. Lots 6 through 12, U.S. Survey 3511; 217 Benny Benson Drive. The motion was seconded and CARRIED by majority roll call vote. rl— Commissioners Thompson, Smedley and Knudsen voted "no." COMMISSIONER ANDERSON MOVED TO GRANT a request for a variance from Section 17.57.020(2)(d) of the Borough Code to permit the existing school and addition to provide only thirty-nine (30) off-street parking spaces instead of the required one hundred eight (108) off-street parking spaces, Lots 6 through 12, U.S. Survey 3511, and to adopt the findings contained in the staff report dated May 13, 1987 as "Findings of Fact" for this case, subject to the following conditions of approval: CONDITIONS OF APPROVAL: 1. The areas identified by staff on the site plan for provision of fifty-three (53) additional parking spaces shall be computed as meeting the off-street parking requirements for this use. These spaces shall be provided and sixteen (16) of the spaces (as shown on the site plan) may be surfaced with compacted gravel rather than paving. 2. Sixteen (16) additional off-street parking spaces shall be provided prior to final closing out of the construction contract for the school addition. These spaces may be surfaced with compacted gravel. r— The motion was seconded and CARRIED by unanimous roll call vote. --1 FINDINGS OF FACT 1. Exceptional physical circumstances or conditions applicable to the to other properties in the same land use dist There are several conditions applicable to the property and its intended use which do not generally apply to other properties in the same land use district. The designated number of parking spaces for the school is thirty-nine (39) (including handicapped spaces). This is enough spaces to handle the day to day parking requirements of the school, since the total staffing level at the school is approximately twenty-five (25) persons. The existing P & Z MINUTES 26 KIBS226236 MAY 20, 1987 rr parking plan provides spaces for all staff and visitors to the facility. The required parking for the facility is based on the principal place of assembly. This facility has two: the gymnasium at 4,000 square feet with a maximum number of 267 occupants for a parking requirement of sixty-seven (67) spaces and the multipurpose room at 2,460 square feet with a maximum number of 164 occupants for a parking requirement of forty-one (41) spaces, for a total required number of one hundred eight (108) parking spaces. It should be noted that in addition to the thirty-nine (39) designated parking spaces, additional parking for special events is available in the bus loading zone, the parent loading zone, and the overflow parking area. These areas add approximately fifty-three (53) additional parking spaces. The facility therefore is only short sixteen (16) parking spaces for those times when both the multipurpose room and the gymnasium are being used to full capacity. In fact, the school rarely schedules both these rooms for use at the same time, and when events are scheduled, generally the rooms are not filled to capacity. Based on this information, it appears that the facility, even with the addition (which does not require additional parking spaces) is adequate. 2. Strict application of the zoning ordinances would result in R 4 difficulties or unnece The strict application of the provisions of this title would result in practical difficulties by requiring the applicant to develop additional parking for the facility; parking that will be used only rarely and that will detract from the development of the overall site. 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. The granting of the variance should not result in material damage or prejudice to other properties in the neighborhood due to the special parking characteristics of this facility. In addition, overflow parking for the facility, if it occurs on the Benny Benson right-of-way, will not negatively impact other properties in the area due to the use, location and parking characteristics of these properties. Granting of the variance should not negatively impact the public's health, safety or general welfare. The site has the apparent ability to handle all the parking needs of the facility, except in rare circumstances. The granting of the be contrary to the obiectives The variance will not be contrary to the objectives of the comprehensive plan, which designates this property for a use consistent with the facility. 5. That actions of the applicant did not cause special conditions or financial hardship from which relief is being sought by the variance. r The actions of the applicant have not caused the special conditions from which relief is being sought by the variance. The parking needs of the facility in comparison to the code requires for parking has determined the need for a variance. 6. That the granting of the variance will not permit a prohibited land use in the district involved. Granting of the variance will not permit a prohibited land use in the zoning district involved, if the Commission rules favorably on the prior exception request. COMMISSIONER ANDERSON strongly urged the Facilities Department to convert the fill area to parking. HIBS226237 P & Z MINUTES 27 MAY 20, 1987 pl— XIII. ADJOURNMENT CHAIRMAN RENNELL adjourned the meeting at 11:50 p.m. KODIAK ISLAND BOROUGH PLANNING AND ZONING COMMISSION By: �f _Ul.z�- -•. Steve Rennell, Chairman ATTEST By: / Patricia Miley, Ycretary Community Development Department DATE APPROVED: J A TAPE RECORDING IS ON FILE AT THE KODIAK ISLAND BOROUGH COMMUNITY DEVELOPMENT DEPARTMENT KIBS226238 P & Z MINUTES 28 MAY 20, 1987 L /4f,c E at 10<2 ham.,. May 20, 1987 Mr. Steve Renell, Chairman KIB Planning & Zoning Commission 700 Mill Bay Road Kodiak, AK 99615 RE: Case No. 87-024 Dear Chairman and Commissioners: We are aware of the staff report submitted on the above - referenced case, and would have the following comments: 1. We would prefer not to vacate any more lots than are absolutely necessary to comply with minimum parking requirements for not only the jail, but the other City/public buildings involved in this complex. Initial discussion suggested that no vacations would occur north and northeast of the right-of-way for Cedar Street. This is certainly appropriate and may very likely be acceptable for the extent of the vacations required. But if other lots were salvageable after compliance with the parking requirements, we would prefer to salvage those as well. 2. It's our understanding that parking requirements will be met even after eliminating all such spaces presently designated within the Cedar Street right-of-way, and eliminating those on which down guys may be located. 3. Most importantly, we feel strongly (and I suspect your staff may agree) that the requirement of one parking space per jail bed is totally unrealistic. We therefore reserve the right to seek a variance from this requirement at a future date, which may or may not be prior to completion of the jail. I think it's more than safe to say that the parking requirements for jail staff, legal counsel visitations, inmate visitations, and inmate vehicles themselves would never total one parking space per jail bed. KIBS226239 POST OFFICE BOX 1397. KODIAR . MWil 99615 PHONE (907) 486-3994 We had thought to request tabling of this item until the next regular meeting of the Planning & Zoning Commission, but were assured that nothing exists, so far as the staff is concerned, which cannot be worked out by revising the parking plan. With that understanding, we simply then register our above reservations --for the record. Respectfully, CITY OF KO IAK'__0 /�^ hzlalilW ;e'�_ Samuel C. Gesko, Jr. City Manager SCG/keh L L KIBS226240